Montebello City Council
July 24, 2024

CITY OF MONTEBELLO

CITY COUNCIL

REGULAR MEETING
WEDNESDAY, JULY 24, 2024 AT 6:00 PM

CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD

MONTEBELLO, CALIFORNIA

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

CITY MANAGER
Raul Alvarez

CITY TREASURER
David Matanga

CITY ATTORNEY
Arnold M. Alvarez-Glasman

CITY CLERK
Christopher Jimenez

DEPARTMENT HEADS
Assistant City Manager
Fire Chief
Police Chief
Director of Finance
Director of 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 REAL PROPERTY NEGOTIATOR
Government Code Section 54956.8
Property: 602, 604, 608 and 610 Whittier Boulevard, Montebello, California Agency negotiators: Raul Alvarez, Joseph Palombi
Negotiating party: Weber Properties
Under negotiation: Price and terms of sale

6. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Alice Romero vs. City of Montebello, et al.

Los Angeles County Superior Court Case No. 21STCV44524

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REGULAR SESSION - IMMEDIATELY FOLLOWING CLOSED SESSION

CLOSED SESSION REPORT

INVOCATION

PLEDGE OF ALLEGIANCE

CORRECTIONS TO THE AGENDA - CITY MANAGER

CEREMONIAL ITEMS/PRESENTATIONS

7. CERTIFICATE OF RECOGNITION FOR ALFREDO MANCHUCA

8. OATH OF OFFICE FOR TRAFFIC AND SAFETY COMMISSIONERS

9. PROCLAMATION FOR PARKS AND RECREATION MONTH

10. PROCLAMATION FOR JUVENILE ARTHRITIS AWARENESS
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. INTRODUCE AND WAIVE FIRST READING OF ORDINANCE NO. 2478 AMENDING CHAPTER 10.68 OF THE

CITY OF MONTEBELLO MUNICIPAL CODE REGARDING OVERSIZED VEHICLE PARKING RECOMMENDATION: It is recommended that the City Council:

1. Introduce and waive first reading of Ordinance No. 2478 amending Montebello Municipal Code (“MMC”) Chapter 10.68 to establish new regulations regarding oversized vehicle parking including containers and unattached trailers Citywide; and

2. Determine and Find that this action is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Section 15061(b)(3), the commonsense exemption; and

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

REGULAR BUSINESS

12. APPROVE RESOLUTION NO. 24-57 ACCEPTING THE SUFFICIENCY OF THE RECALL PETITION AND APPROVE RESOLUTION NO. 24-59 REQUESTING CONSOLIDATION OF THE RECALL WITH THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2024 RECOMMENDATION: It is recommended that the City Council:

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1. Approve Resolution No. 24-57, accepting the certificate of sufficiency of signatures on the petition to recall Councilmember Angie Jimenez; and

2. Approve Resolution No. 24-58, calling for the holding of a General Municipal Election to be held on Tuesday, November 5, 2024, for the submission of the question of the recall of Angie Jimenez; and

3. Approve Resolution No. 24-59, requesting the Board of Supervisors of the County of Los Angeles to consolidate the Recall Election with the General Municipal Election to be held on Tuesday, November 5, 2024,

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

13. APPROVE RESOLUTION NO. 24-53 ADOPTING THE JULY 2024-JULY 2027 ECONOMIC PROSPERITY

ACTION PLAN
RECOMMENDATION: It is recommended that the City Council:

1. Approve Resolution No. 24-53 adopting the July 2024-July 2027 Economic Prosperity Action Plan, a Three-Year Implementation Strategy; and

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

14. AWARD PROFESSIONAL SERVICES AGREEMENT NO. 4195 WITH CITIBOT FOR ARTIFICIAL

INTELLIGENCE (AI) CUSTOMER SUPPORT SERVICES
RECOMMENDATION: It is recommended that the City Council:

1. Award Professional Services Agreement No. 4195 to Citibot for an initial three (3) year term in an amount not-to -exceed Thirty-Two Thousand Dollars ($32,000) in year one, Twenty-Five Thousand Three Hundred Dollars ($25,300) in year two, and Twenty-Eight Thousand Six Hundred Dollars ($28,600) in year three; and,

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

3. 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.

15. 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 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.

16. WAIVE THE SECOND READING AND ADOPTION 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 SECTION 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. Waive Second Reading and Adopt 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

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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, related action that may be desirable.

17. APPROVE PROFESSIONAL SERVICES AGREEMENT NO. 4212 WITH PLACER LABS INC. TO PROVIDE

ECONOMIC DEVELOPMENT ANALYSIS, CONSUMER VISITATION REPORTS, AND PROJECT

IMPLEMENTATION STRATEGIES
RECOMMENDATION: It is recommended that the City Council:

1. Approve Professional Services Agreement No. 4212 with Placer Labs, Inc. to provide economic development analysis, consumer visitation reports, and project implementation strategies for a total, twoyear not to exceed amount of $62,000; and

2. Authorize the City Manager to execute Professional Services Agreement No.4212 with Placer Labs, Inc on behalf of the City; and

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

18. APPROVE ACCEPTANCE OF CALIFORNIA HIGHWAY PATROL (CHP) GRANT AWARD UNDER THE

CANNABIS TAX FUND GRANT PROGRAM (CTFGP)
RECOMMENDATION: It is recommended that the City Council:

1. Accept grant funding awarded by the California Highway Patrol (CHP) under the Cannabis Tax Fund Grant Program (CTFGP) in the amount of $195,456; and,

2. Authorize the City Manager to execute the contract for grant funds; and

3. Amend the Fiscal Year 2024-2025 budget and increase appropriations by $45,456 in Expenditure Account No. 265-80-832-5010.10 (Grants, Police, CHP Cannabis Tax Fund Grant Program, Overtime) and $150,000 in Expenditure Account No. 265-80-832-6082 (Grants, Police, CHP Cannabis Tax Fund Grant Program, Vehicle Purchase) and $195,456 in Revenue Account No. 265-99-4198.86 (Grants, CHP Cannabis Tax Fund); and

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

19. APPROVE QUIET CANNON - MONTEBELLO GOLF COURSE UPPER EVENT LAWN REPAIR

EXPENDITURES
RECOMMENDATION: It is recommended that the City Council:

1. Approve the Upper Event Lawn Repair Expenditures at Quiet Cannon – Montebello Golf Course in the total amount of $176,348 under the authority of Montebello Municipal Code (MMC) Section 3.20.050(A); and

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

20. APPROVE RESOLUTION NO. 24-51 ADOPTING THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) QUALITY ASSURANCE PROGRAM (QAP)
RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 24-51 adopting the State of California Department of Transportation’s (CalTrans) Quality Assurance Program; and,

2. Authorize staff to submit the adopted Quality Assurance Program and conforming resolution to the State of California Department of Transportation; and

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

21. ADOPT SPECIFICATIONS FOR CONSTRUCTION OF BELLA VERDE DRIVE PAVEMENT REHABILITATION PROJECT CP – 918 AND AUTHORIZATION TO PROCEED WITH BID ADVERTISEMENT RECOMMENDATION: It is recommended that the City Council:

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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 specifications for the construction of Bella Verde Drive Pavement Rehabilitation Project – CP 918; and,

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

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

22. ADOPT PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE FOR UPGRADES TO THE MONTEBELLO CITY PARK BASEBALL FIELD RENOVATION PROJECT - CP 928 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 Montebello City Park Baseball Field Renovation Project – CP 922; and

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

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

23. ADOPT RESOLUTION NO 24-54 MODIFYING THE PREFERRED PARKING LIMITS ON 4TH STREET

BETWEEN THE ALLEY AND SOUTH OF WASHINGTON BLVD FOR UNRESTRICTED STREET PARKING AS PREVIOUSLY ADOPTED VIA RESOLUTION NO. 18-06
RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 24-54 modifying the preferred parking limits on 4th Street between the alley and south of Washington Boulevard for unrestricted street parking as previously adopted via Resolution No. 18-06; and

2. Authorize staff to relocate the “No Parking” restriction permits exempt signs; and

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

24. AWARD PROFESSIONAL SERVICES AGREEMENT NO. 4214 TO FLO-SERVICES, INC. TO PROVIDE

STORM AND SEWER LIFT STATION MAINTENANCE SERVICES
RECOMMENDATION: It is recommended that the City Council:

1. Award Professional Services Agreement No. 4214 to Flo-Services, Inc. to provide Storm and Sewer Lift Station Services and Related Equipment for a three (3) year term with the option of two (2) one-year extensions for a not-to-exceed amount of $132,276 for the initial three (3) year term; and,

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

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

25. AWARD PROFESSIONAL SERVICES AGREEMENT NO. 4215 TO MCA CONSULTANTS TO PROVIDE

SOLID WASTE MANAGEMENT SERVICES
RECOMMENDATION: It is recommended that the City Council:

1. Award Professional Services Agreement No. 4215 to MCA Consultants to provide solid waste management services for an initial three (3) year term for an annual not-to-exceed amount of $99,695 ($299,085 over the initial three (3) year term); and,

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

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

26. APPROVE ISSUING REQUEST FOR PROPOSALS NO. 24-21 FOR A ZERO-EMISSION BUS FACILITIES

AND FLEET TRANSITION PLAN
RECOMMENDATION: It is recommended that the City Council:

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1. Approve issuing a Zero-Emission (ZE) Bus Facilities and Fleet Transition Plan Request for Proposal (RFP) No. 24- 21; and

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

27. APPROVE A BLANKET PURCHASE ORDER WITH AFTERMARKET PARTS COMPANY LLC, AMERICAN MOVING PARTS LLC, CUMMINS CAL PACIFIC LLC, INLAND KENWORTH, INC., AND WAYNE HARMEIER, INC., FOR MAINTENANCE-RELATED BUS PARTS, FIRE APPARATUS PARTS, AND VEHICLE FLEET PARTS
RECOMMENDATION: It is recommended that the City Council:

1. Approve a blanket purchase order (PO) with the Aftermarket Parts Company, LLC (Aftermarket Parts), for a total not-to-exceed amount of Two Hundred Thousand Dollars ($200,000) to purchase maintenancerelated bus parts for Fiscal Year 2024-25; and

2. Approve establishing a blanket PO with American Moving Parts, LLC (American Moving Parts), for the total not-to-exceed amount of One Hundred and Fifteen Thousand Dollars ($115,000) to purchase maintenance-related bus and fire apparatus parts for both Montebello Bus Lines (MBL) and the Montebello Fire Department (MFD) for FY 2024-25; and

3. Approve establishing a blanket PO with Cummins Cal Pacific, LLC (Cummins Pacific), for the total notto-exceed amount of One Hundred and Fifteen Thousand Dollars ($115,000) to purchase maintenancerelated bus and fleet parts for both MBL and the MFD for FY 2024-25; and

4. Approve establishing a blanket PO with Inland Kenworth Inc. (Inland Kenworth), for the total not-toexceed amount of Seventy Thousand Dollars ($70,000), to purchase maintenance-related bus parts for FY 2024-25; and

5. Approve establishing a blanket PO with Wayne Harmeier, Inc. (dba Wayne Electric Company), for the total not-to-exceed amount of Sixty Thousand Dollars ($60,000), to purchase maintenance-related bus parts for FY 2024-25; and

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

28. APPROVE A BLANKET PURCHASE ORDER WITH RUSH TRUCK CENTERS OF TEXAS, LP AND SOCAL AUTO & TRUCK PARTS, INC., FOR MAINTENANCE-RELATED BUS AND VEHICLE FLEET PARTS RECOMMENDATION: It is recommended that the City Council:

1. Approve a blanket purchase order (PO) with Rush Truck Centers of Texas, LP, dba Rush Truck Enterprises (Rush Trucking), for a total not-to-exceed amount of Sixty Thousand Dollars ($60,000) to purchase maintenance-related bus and vehicle fleet parts for Fiscal Year 2024-25; and

2. Approve a blanket PO with SoCal Auto & Truck Parts, Inc. (dba Napa Auto Parts), for a total not-toexceed amount of Sixty Thousand Dollars ($60,000) to purchase maintenance-related bus and vehicle fleet parts for Fiscal Year 2024-25; and

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

29. APPROVE RESOLUTION NO. 24-52 APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE

CITY OF MONTEBELLO AND THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY (LACMTA) TO CONTINUE MONTEBELLO BUS LINES’ PARTICIPATION IN THE LOW-INCOME

FARE EASY (LIFE) PROGRAM
RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 24-52 approving a Memorandum of Understanding (MOU) between the City of Montebello and the Los Angeles County Metropolitan Transportation Authority (LACMTA) to continue Montebello Bus Lines’ (MBL) participation in the Low-Income Fare is Easy (LIFE) Program effective July 1, 2024, through June 30, 2029; and

2. Authorize the City Manager to execute the MOU on the City’s behalf; and

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

30. APPROVE ISSUING A BULK FUELS AND OILS, LUBRICANTS, AND GREASE GOODS REQUEST FOR PROPOSALS, (RFP) NO. 24-22, AND APPROVE ESTABLISHING A BLANKET PURCHASE ORDER WITH

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DION AND SONS, INC., TO PURCHASE FUEL FOR VARIOUS CITY DEPARTMENTS RECOMMENDATION: It is recommended that the City Council:

1. Approve issuing a Bulk (Unleaded and Diesel) Fuels and Oils, Lubricants, and Grease Goods Request for Proposals (RFP) No. 24-22 (RFP No. 24-22); and

2. Approve establishing a blanket purchase order (PO) with the existing vendor, Dion and Sons, Inc. for a total not-to-exceed amount of Five Hundred and Fifty-Seven Thousand Dollars ($557,000), to purchase fuel for various Departments for a six(6) month term (through December 31, 2024); and

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

31. APPROVE ISSUING AN ENTERPRISE ASSET MANAGEMENT SYSTEM REQUEST FOR PROPOSALS (RFP) NO. 24-23
RECOMMENDATION: It is recommended that the City Council:

1. Approve issuing an Enterprise Asset Management (EAM) System Request for Proposals (RFP) No. 24- 23; and

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

32. ADOPT RESOLUTION NO. 24-56 AUTHORIZING SUBMISSION OF A BUDGET REVISION TO THE FEDERAL TRANSIT ADMINISTRATION (FTA) FOR GRANT NOS. CA-2019-033 AND CA-2021-075 RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 24-56 to authorize submitting a budget revision to the Federal Transit Administration (FTA) for Grant Nos. CA-2019-033 and CA-2021-075; and,

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

33. APPROVE ISSUING A TRANSPORTATION FACILITY RESTROOM RENOVATION SERVICES REQUEST FOR PROPOSAL RFP NO. 24-24
RECOMMENDATION: It is recommended that the City Council:

1. Approve issuing a Transportation Facility Restroom Renovation Services Request for Proposals (RFP) No. 24-24; and

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

34. AWARD PROFESSIONAL SERVICES AGREEMENT NO. 4213 TO WEIDNER FOR THE INSTALLATION OF

SOURCE CAPTURE EXHAUST SYSTEM FOR THE CITY'S THREE FIRE STATIONS RECOMMENDATION: It is recommended that the City Council:

1. Approve Professional Services Agreement No. 4213 with Weidner for the Installation of a Source Capture Exhaust System for the City's Three Fire Stations; and

2. Authorize the Acting City Manager to execute the Agreement on behalf of the City: and

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

35. APPROVE AGREEMENT NO. 4213 WITH THE REGENTS OF THE UNIVERSITY OF CALIFORNIA ON

BEHALF OF THE UCLA CENTER FOR PREHOSPITAL CARE FOR EMERGENCY MEDICAL SERVICES

EDUCATION AND TRAINING
RECOMMENDATION: It is recommended that the City Council:

1. Approve Professional Services Agreement No. 4213 with the Regents of the University of California on Behalf of the UCLA Center for Prehospital Care Educational and Training Services; and

2. Authorize the City Manager to execute the Agreement on behalf of the City: and

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

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36. ADOPT RESOLUTION NO. 24-60 AMENDING THE CITY OF MONTEBELLO CLASSIFICATION PLAN TO

INCLUDE THE JOB SPECIFICATIONS FOR THE CLASSIFICATIONS OF POLICE COMMUNITY SERVICE

OFFICER, LEAD FINANCE TECHNICIAN, AND CONSTRUCTION MANAGER RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 24-60 amending the City of Montebello Classification Plan to include the revised job specification for the classification of Police Community Service Officer and the new job specifications for the classifications of Lead Finance Technician and Construction Manager; and

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

37. PAYMENT OF BILLS: ADOPT RESOLUTION NO. 24-55 APPROVING THE CITY WARRANT REGISTER OF DEMANDS DATED JULY 24, 2024
RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 24-55 approving the Warrant Register dated July 24, 2024.

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

COUNCIL/AGENCY ORALS
Announcements and requests for future agenda items.
• Georgina Tamayo, Councilmember
• David N. Torres, Councilmember
• Salvador Melendez, Mayor Pro Tem
• Angie M. Jimenez, Councilmember
• Scarlet Peralta, Mayor

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 livestreamed 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

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

ITEM # 11

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. 2478 AMENDING CHAPTER 10.68 OF THE CITY OF MONTEBELLO

MUNICIPAL CODE REGARDING OVERSIZED VEHICLE PARKING
DATE: July 24, 2024
RECOMMENDATIONS:

It is recommended that the City Council:

1. Introduce and waive first reading of Ordinance No. 2478 amending Montebello Municipal Code (“MMC”) Chapter 10.68 to establish new regulations regarding oversized vehicle parking including containers and unattached trailers Citywide; and

2. Determine and Find that this action is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Section 15061(b)(3), the commonsense exemption; and

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

FISCAL IMPACT:

The proposed code amendment will require additional signage to reflect the new regulations. It is estimated 45 new signs will be needed throughout the City. The estimated cost for the sign updates is $8,000. The City currently has agreements with vendors from which signs are purchased. These projected expenses can be accommodated within the existing agreements, hence no budget amendments are needed. Additionally, monitoring the quantity and time of complaints received will be needed to verify adequate staffing levels.

CITY COUNCIL AGENDA REPORT - MEETING OF JULY 24, 2024

BACKGROUND/DISCUSSION:

Ordinance No. 2294 was approved by the City Council on May 24, 2006. The primary objective of the ordinance was to enhance public and pedestrian safety along city streets and preserve the esthetics of Montebello. The ordinance aimed to address growing concerns related to the long-term parking of oversized vehicles, including recreational vehicles, trailers, boats, buses, and other large vehicles on city streets. In summary, the ordinance restricted the parking of oversized vehicles for a period of no longer than four (4) consecutive hours.

At the request of the City Council, staff began to conduct research on how to address current parking issues related to oversized vehicles. During this research, it was noted there was a significant increase in the presence of large and oversized vehicles, particularly RV’s, and unattached trailers within the City’s public right-of-way for extended periods of time. This trend has prompted a surge in complaints from residents, signaling a growing concern among the community.

Since early 2022, staff have been actively addressing numerous complaints related to the extended parking of recreational vehicles and unattached trailers. Notably, as of the end of 2023, City staff have observed a notable uptick in the use of recreational vehicles for dwelling purposes, as well as unattached trailers left on City streets, which has increased parking challenges.

ENVIRONMENTAL:

Pursuant to the provisions of the California Environmental Quality Act (“CEQA”) Section 15061(b)(3), the project is considered covered by the commonsense exemption. The common sense CEQA exemption section states that “CEQA applies only to projects which have the potential for causing a significant effect on the environment” and also states that “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” The proposed ordinance amending MMC Chapter 10.68 (Oversized Vehicle Parking Regulations) does not have the potential to degrade the quality of the environment or have a significant effect on the environment. Actions proposed in the Text Amendment is not considered a “project” under CEQA Guidelines Section 15378 in that there is no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

PUBLIC NOTIFICATION
Pursuant to MMC Section 17.78 (Public Hearings, Notices, and Appeals), the following noticing was performed:
• On July 11, 2024, the Public Hearing Notice was published in the Daily Journal (Whittier Daily News).

CITY COUNCIL AGENDA REPORT - MEETING OF JULY 24, 2024

ANALYSIS:

The extended period of time that RV’s park on a public street has resulted in nuisance conditions negatively impacting the public’s health, safety and welfare. Specifically, the complaints the City receives, and/or the type of activities City staff have observed, include:
• Traffic hazards to vehicles and pedestrians creating visual obstructions at intersections, driveways, and alleys based on the size of the vehicles and/or the location where the vehicles are parked;
• Diminished parking on streets for immediately adjacent residents and business owners;
• RVs that are not registered with the State of California and registered within the City and/or are inoperable;
• Illegal dumping of human urine and feces onto the City’s public right of ways, and stormwater system;
• Abandoned property and/or trash and debris dumped and/or scattered around the public right of ways where the RVs are parked;
While staff respond to complaints and/or observations of non-compliant conditions, they are limited on how to address this activity in a comprehensive manner. Applicable sections of the Montebello Municipal Code ("MMC") are ineffective when addressing complaints from the public. For example, MMC section 10.68.010, has its limitation on the duration of parking restrictions of oversized vehicles to four (4) consecutive hours. While this provision aims to regulate oversized vehicle parking, City staff have encountered difficulties in enforcement. Staff have noticed instances where, despite chalking and continuous monitoring, the vehicles only move a negligible distance, or move from one location to another every four hours, technically complying with the four-hour limitation. This loophole in the current regulation undermines the intended control over prolonged parking, contributing to the persistence of oversized vehicles in public spaces.

Additionally, the current municipal code lacks specific provisions regarding unattached trailers, creating ambiguity in citing and enforcement procedures. The absence of clear guidelines for unattached trailers poses a challenge for staff in addressing these violations adequately.

The issue has begun to extend beyond the City’s public right-of-way, with RV’s and tents now encroaching upon City-owned and private properties, including vacant lots. This expansion of the problem necessitates a comprehensive approach to address not only the duration but also the location of oversized vehicles parking within the City. There is a need for an ordinance to be able to enforce this nuisance in a manner to serve as a deterrent. The proposed code amendment aims to enhance the effectiveness of the regulations, addressing both the time and area dimensions of oversized vehicle parking. By refining the language and introducing a permit system, the City seeks to provide a more robust framework for managing the impact of large vehicles on public and private spaces.

Research on Surrounding Cities’ Municipal Codes
To understand how neighboring cities address the issue of oversized parking and unattached trailers, City staff researched neighboring cities’ municipal codes. Based on City staff’s findings, the following key points were identified:

1. City of Commerce
On June 16, 2020, the City of Commerce, through Ordinance No. 754, implemented a citywide ban on RV parking on city streets without an approved city-issued permit. The proposed policy, detailed

CITY COUNCIL AGENDA REPORT - MEETING OF JULY 24, 2024

in Attachment A, outlines the process and criteria for issuing temporary RV parking permits for the City of Commerce. The conditions for obtaining a permit include:
• Ownership or lawful possession of an operable and registered RV. • Permanent city residency within 25 feet of the resident’s fixed address. • Reasonable proximity to the applicant’s fixed residential address. • Absence of creating or exacerbating dangerous traffic safety conditions.

The policy also specifies the principles, screening process, appeals process, renewal process, permit conditions and fees of $40 a year per permit.

2. City of Alhambra
The City of Alhambra has an ordinance addressing oversized vehicles on public streets and providing temporary parking permits for recreational vehicles. Relevant provisions include:
• Prohibition of habitation in vehicles on public streets (Alhambra Municipal Code 11.34.10) • Temporary all-night parking permits for residents entertaining overnight guests, subject to vehicle restrictions.
• Temporary 72-hour ($15) permits for recreational vehicles, allowing a maximum of two permits per calendar month.

The process involves purchasing permits from self-service parking machines or online, with clear display requirements for vehicle license plate numbers.

3. City of Whittier
Whittier’s municipal code (10.40.020) addresses parking restrictions for unattached trailers on streets.

Key points include:
• Prohibition of parking or leaving standing unattached, on any street, any trailer, semitrailer, trailer coach, special construction equipment, or special mobile equipment on any street.

Enforcement Options
Considering the models from surrounding cities, city staff are proposing the introduction of a similar approach to address this matter:

1. Enact and enforce an ordinance prohibiting oversized vehicle parking without a permit;

2. Prohibition of unattached trailers.

3. Providing options for enforcement, including parking citations to towing;

4. Introduce a permitting system where residents can purchase temporary permits to park their vehicles on public streets, similar to neighboring cities (i.e., City of Commerce, City of Alhambra, City of Lakewood):
• The duration of the permit shall not exceed seventy-two (72) hours, including overnight. • Max: A maximum of twelve (12) permit per calendar year issued to a City-registered RV.

CITY COUNCIL AGENDA REPORT - MEETING OF JULY 24, 2024

• Monthly Limit: Only one (1) permit can be issued per calendar month (i.e., if a resident is issued a permit on March 31st, they’d have to wait until April 30th to receive another permit) • Code Enforcement will oversee reviewing permit applications, and the Finance Department will manage the payment process.
• Fees: To cover the costs and encourage responsible use of permits, a fee of $25 will be required per permit application.
• Penalty: A penalty of $100 will be imposed for forgery or duplication of permits. This measure is essential to deter fraudulent activities and ensure the integrity of the permit system.

CURRENT ORDINANCE PROPOSED ORDINANCE
Oversized vehicles are allowed but must be moved
every 4 hours All oversized vehicles require a permit
Unattached trailers – no enforcement options
Unattached trailers will not be allowed
Oversized vehicles on private property – no
enforcement Provides regulations such as no parking
on unpaved surface, needs to be
operational, owned by the resident
Cargo containers – no enforcement options
Restricts unattached cargo containers
The enforcement option is currently only citations Citation and/or towing of vehicle No person shall park, or leave standing on any public street, alley or right-of-way in the city any oversized vehicle for a period longer than four consecutive hours. For purposes of this section, an oversized vehicle that is moved to a location or parking place that is within two hundred feet if its original location or parking place shall be deemed to be parked at the same original location. (Ord. 2294 § 1 (part), 2006)
SUMMARY:

It is recommended the City Council adopt Ordinance No. 2478 amending Chapter 10.68

CITY COUNCIL AGENDA REPORT - MEETING OF JULY 24, 2024

of the City of Montebello Municipal Code (MMC) regarding new regulations associated with oversized vehicle parking as well as unattached trailers and cargo containers.

ATTACHMENT(S)

1. Attachment A - Ordinance No. 2478 - RV Oversize Vehicles

2. Attachment B - Public Hearing Notice

ATTACHMENT A
ORDINANCE NO. 2478

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MONTEBELLO, CALIFORNIA, AMENDING CHAPTER 10.68 OF THE

MONTEBELLO MUNICIPAL CODE REGARDING OVERSIZED VEHICLE

PARKING
WHEREAS, the City of Montebello (“City”) is a general law city, incorporated under the laws of the State of California, with the power to make and enforce within its jurisdictional limits all local, police, sanitary, land use, and other ordinances and regulations not in conflict with general laws of the state; and WHEREAS, Section 22507 of the California Vehicle Code allows local authorities to prohibit or restrict the stopping, parking, or standing of vehicles, including, but not limited to, vehicles that are six feet or more in height (including any load thereon) within 100 feet of any intersection, on certain streets or highways, or portions thereof, during all or certain hours of the day; and
WHEREAS, the Montebello Municipal Code, Chapter 10.68 was last updated in 2006 and the City desires to amend Chapter 10.68 to better regulate the parking of oversized vehicles and enhance the health and safety of its citizens; and

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

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

SECTION 2. AMENDMENT; RESERVATION. Chapter 10.68 of the Montebello Municipal Code is hereby amended to read as follows (deletions in strikethrough and additions in double underline):

Chapter 10.68 - OVERSIZED VEHICLE PARKING REGULATIONS
Sections:

10.68.010 - Prohibition of parking of oversized vehicles.

No person shall park, or leave standing or parking on any public street, alley or right-of-way in the city any oversized vehicle for a period longer than four consecutive hours. For purposes of this section, an oversized vehicle that is moved to a location or parking place that is within two hundred feet if its original location or parking place shall be deemed to be parked at the same original location.

ORDINANCE NO. 2478

A. No person shall leave standing or parking any oversized vehicle on any streets, alleys, public ways or public places, or any portions thereof, in areas where the city manager, city engineer or director of public works has caused signs or markings giving adequate notice of the restriction to be placed, except as provided in Chapter. Recreational vehicles of any size are not permitted.

B. It shall also be unlawful to park or store any commercial vehicle, of an unladen gross vehicle weight in excess of fourteen thousand pounds, tow trucks, trailers, or other related equipment on private property within residential zones within the city. A limit of one commercial vehicle fourteen thousand pounds or less is allowed per residential lot or residence, whichever is less, within residential zones. The provisions of this subparagraph do not apply to passenger vehicles, pickup trucks, passenger or cargo vans, recreational vehicles or utility trailers.

C. The city manager, city engineer, or director of public works are authorized to promulgate and publish rules and regulations to interpret and implement this Chapter 10.68.

10.68.020 - Definitions.
“Cargo container” shall have the same meaning as an “intermodal shipping container” as defined under Section 17.08.366 of this code. "Oversized vehicle" shall mean any vehicle, as that word is defined in the California Vehicle Code, Section 670, or a combination of connected vehicles (including, but not limited to, trailers or semi-trailers, as defined in Vehicle Code Section 670), which exceeds twenty-five feet in length, or eighty inches in width, or eighty-two inches in height, exclusive of such projecting lights or devices as are expressly allowed pursuant to the Vehicle Code as it now exists, or as hereafter may be amended. Oversized vehicle shall not mean or include a pick-up truck or sport utility vehicle, which is less than twenty-five feet in length and eighty-two inches in height.be defined as any vehicle, whether motorized or nonmotorized, that exceeds twenty feet in length, or eighty inches in width or seventy-eight inches in height that weighs less than six thousand lbs (gross vehicle weight). Any extension caused by any mirror or any accessory attached to such vehicle shall be considered part of the measured distance.

Notwithstanding the length, width, and height requirements for an oversized vehicle, the following vehicles shall also be considered oversized vehicles subject to the prohibitions contained in Section 10.68.010 of this chapter:

ORDINANCE NO. 2478

1. Buses as defined in the California Vehicle Code;

2. Trailers, including boat trailers, and semi-trailers, as these are defined in the California Vehicle Code, and stand-alone boats not connected to trailers;

3. Trailer coaches as defined in the California Vehicle Code; and

4. Recreational vehicles as defined in this chapter.

Motor vehicles, trailers and semi-trailers exceeding six thousand lbs (gross vehicle weight) are subject to the parking prohibitions contained in Section

10.32.310 of this chapter.
"Recreational vehicle" shall have the same meaning as set forth in California Health and Safety Code Section 18010, or as hereafter may be amended be defined as a motor home, slide-in camper, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy. Recreational vehicle shall also include:

1. Camping Trailer. A vehicular portable unit mounted on wheels and constructed with collapsible partial sidewalls which fold for towing by another vehicle and unfold at the campsite and designed for human habitation for recreational or emergency occupancy.

2. Motor Home. A vehicular unit built on or permanently attached to a selfpropelled motor vehicle chassis, chassis cab or van, which becomes an integral part of the completed vehicle, designed for human habitation for recreational or emergency occupancy.

3. Slide-in Camper. A portable unit, consisting of a roof, floor and sides, designed to be loaded onto and unloaded from the bed of a pickup truck, and designed for human habitation for recreational or emergency occupancy and shall include a truck camper.

4. Travel Trailer. A portable unit, mounted on wheels, of such a size and weight as not to require special highway movement permits when drawn by a motor vehicle and for human habitation for recreational or emergency occupancy.

10.68.030 - Exemptions to prohibition on parking of oversized vehicles.

ORDINANCE NO. 2478

The provisions of Section 10.68.010 of this chapter shall not apply to any of the following:

A. Oversized vehicles making pickups or deliveries of goods, wares, services or merchandise to or from any building or structure immediately adjacent to the property on which such building or structure is situatedAny oversized commercial vehicle actively engaged in the loading or unloading of materials, supplies, or goods, in the delivery of goods, wares, merchandise, or other materials at an adjacent business for no longer than thirty minutes.

B. Any ambulance, paramedic or public safety vehicle involved in responding to an emergency Any vehicle belonging to or under contract with local, state or federal government authorities, or a public utility, and any emergency vehicle, as defined by Vehicle Code Section 165.

C. Any vehicle being repaired under emergency conditions for less than eight hours. For purposes of this section, "emergency repairs" means sudden and unexpected repairs occurring during transport of the vehicle An oversized vehicle properly displaying a current and valid distinguishing disabled placard or license plate issued pursuant to the Vehicle Code, so long as said vehicle is also adhering to all other traffic and parking regulations as enumerated in this title, code and Vehicle Code, including parked on a blue curb zone.

D. Any vehicle belonging to federal, state or local authorities while conducting official government businessAny bus for no longer than two hours, and any bus in an area specifically posted to allow bus parking or stopping for a prescribed time.

E. Any vehicle displaying a valid permit issued pursuant to Sections

10.68.040 and 10.68.060 of this chapter An oversized vehicle that has been issued and is displaying a Temporary Parking Permit for Oversized Vehicles issued pursuant to 10.68.040.

10.68.040 - Permit process for temporary parking permits for oversized vehicles.

The Director of Planning and Community Development or his or her designee, shall issue a temporary parking permit to any permanent resident of the city, for parking of an oversized vehicle that belongs to that resident, or a guest of the

ORDINANCE NO. 2478

household in which such resident resides, provided the following conditions are met:

A. The permit is obtained by a resident of the property where the oversized vehicle will be parked in accordance with this section.

B. The oversized vehicle is parked on the street immediately adjacent (within 25 feet) to the property upon which the person requesting the permit resides.

C. The duration of the permit shall not exceed forty-eight seventy-two hours.

D. Not more than four one permits shall be issued for any specific oversized vehicle within any given calendar month and twelve permits maximum per year for a specific property or a specific oversized vehicle. Permits may not be issued for consecutive periods, and there must be a minimum of fortyeight consecutive hours between the issuance of permits for a specific property or a specific oversized vehicle.

E. The oversized vehicle shall not be used for overnight camping, lodging, residing in, or any use for accommodation purposes.

F. The oversized vehicle shall not visibly block or obscure any existing safety or traffic control device and shall otherwise meet all other parking requirements for the street upon which it is parked.

G. The police chief or the director of planning and community development, or his or her designee determines that the parking of the oversized vehicle would not create a public safety hazard. Such a determination may be made based on factors, including, without limitation, the size of the oversized vehicle, the configuration of the street or the location of any nearby trees, improvements or structures.

H. The oversized vehicle is in an operable condition and has a current valid registration with the State of California.

SECTION 3. AMENDMENT; ADDITIONS. Sections 10.68.070 through 10.68.090 are hereby added to Chapter 10.68 – Oversize Vehicle Parking Regulations of the Montebello Municipal Code to read as follows:

ORDINANCE NO. 2478

10.68.070 - Parking of unattached trailer prohibited.

No person shall leave standing or parking any trailer, semitrailer, trailer coach, special construction equipment, cargo container or special mobile equipment, as defined under the California Vehicle Code, on any street, unless the same is attached to a vehicle capable of moving the same in a normal manner upon the street, highway, alley, public way or public place. This restriction shall not apply to any trailer, semitrailer, trailer coach, special construction equipment, or special mobile equipment, to which any of the following applies:

A. Which is in the process of being loaded or unloaded; B. Which is owned by the city or a public utility or licensed contractor thereof, while being used in the construction, installation or repair of any public utility, or to any commercial vehicle actually being used for the pickup or for the delivery of goods, wares and merchandise, or for the delivery of materials to be used in the repair, alteration, remodeling or construction of any building.

10.68.080 -– Parking on private property and nuisance abatement.

Oversized vehicles may not be parked or stored other than in covered parking or on a paved area at the rear of the property. Such prohibition shall not apply if the rear yard is inaccessible to the vehicle, in which case parking may be permitted on a paved driveway subject to the following restrictions:

A. The vehicle shall be parked at least 5 feet beyond the front yard property line if there is a sidewalk between the property and the street. If there is no sidewalk between the property and the street curb, the vehicle must be parked at least 5 feet from the paved edge of the street.

B. An oversized vehicle parked in the driveway shall not prevent the parking spaces in the garage from being readily accessible. "Readily accessible" means that the oversized vehicle does not have to be moved in order for a second vehicle to enter or exit the garage or carport.

C. An oversized vehicle parked in the driveway shall be fully operational, completely assembled, supported only by inflated tires, in good repair, neat and clean.

ORDINANCE NO. 2478

Wrecked, dismantled, unregistered or inoperative vehicles shall not be parked in the driveway or in the rear yard, subject to other sanctions as set forth in this code.

D. No vehicle shall be parked on the grass, dirt or other landscaped areas surrounding a residence.

E. Vehicle shall be owned or leased by the residents of the property and licensed with a current registration.

F. An oversized vehicle shall not be used for storage, living or sleeping while parked in the driveway and shall not be connected to water or sewer lines for more than 72 hours.

In addition to any other penalties provided by law, any condition caused or permitted to exist in violation of this section shall be deemed a public nuisance that may be abated by the city subject to the procedures set forth in Chapter 8.16 of the Montebello Municipal Code.

10.68.090 - Violations.

A. For any violation of any provision of this section, the chief of police, or his/her designee, or an authorized member of the code enforcement division, and/or parking enforcement division, is hereby empowered to issue due notices to appear or citations, in the usual form and manner, as provided in the Vehicle Code.

B. Any vehicle stopped, parked or standing in violation of Sections 10.68.010(A) or Section 10.68.070 may be removed by any member of the code enforcement division, parking enforcement division, or police department authorized in the manner and subject to the requirements of the Vehicle Code.

C.The regulation imposed by this section shall not be effective unless and until signs are posted giving notice of such restricted parking, and of a telephone number which persons whose vehicles are towed pursuant to this section may call to request a hearing. Any hearing shall be conducted within forty-eight hours after request, excluding weekends and holidays.

10.68.100 - Posting of signs.

Signs giving adequate notice of the prohibitions contained in this Chapter shall be placed at the city limits, as well as at other appropriate locations.

ORDINANCE NO. 2478

SECTION 4. NOTICE; AUTHORITY TO ERECT SIGNS. The director of public works is authorized to erect signs for the purpose of providing notice prohibiting, restricting or regulating the stopping, parking, or standing of any oversized vehicles pursuant to this Chapter and Section 22507 of the California Vehicle Code SECTION 5. 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.

SECTION 6. EFFECTIVE DATE. This Ordinance shall become effective thirty (30) days after approval by the City Council.

SECTION 7. 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 24TH DAY OF JULY 2024.
_______________________________
Scarlet Peralta, Mayor
ATTEST:
_______________________________
Christopher Jimenez, City Clerk
APPROVED AS TO FORM:
_______________________________
Arnold M. Alvarez-Glasman, City Attorney

ORDINANCE NO. 2478

I HEREBY CERTIFY that the foregoing Ordinance was introduced at the regular meeting of the City Council on the 24th day of July, 2024, and was adopted by the City Council of the City of Montebello at its meeting held on the 14th day of August, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________________
Christopher Jimenez, City Clerk

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SAMANTHA NEVAREZ

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

HRG NOTICE OF HEARING
Public Hearing Notice - Amend Chapter 10.68 Oversized Vehicles Parking Regulations of the MMC- 07.24.2024
07/11/2024
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CITY OF MONTEBELLO city council

NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City of
Montebello City Council (the “City Council”) will
hold a public hearing to consider the following
item:

An ordinance to amend Chapter 10.68 (Oversized
Vehicle Parking Regulations) of the Montebello
Municipal Code (“MMC”) to modify the regulations
related to oversized vehicles citywide to prohibit
the standing or parking of any oversized vehicles,
including unattached trailers and/or cargo
containers, in the public right-of-way as well as
establish a limit of one commercial vehicle per
residential lot or residence on private properties
within established residential zones in the City. In
addition, the proposed ordinance is intended to
further clarify the definitions applicable to MMC
Chapter 10.68, the applicable exemptions, the
abatement procedures, and provide additional
provisions to better regulate the parking of
oversized vehicles and enhance the health and
safety of residents of the City of Montebello.

PUBLIC HEARING INFORMATION
Date: Wednesday, July 24, 2024
Time: 6:00 p.m., or as soon as possible
thereafter as the matter can be heard
Place: City Hall Council Chambers, 1600 W.

Beverly Blvd., Montebello, CA 90640
Environmental: Pursuant to the provisions of the
California Environmental Quality Act (“CEQA”)
Section 15061(b)(3), the project is considered
covered by the common sense exemption. The
common sense CEQA exemption section states
that “CEQA applies only to projects which have
the potential for causing a significant effect on the
environment” and also states that “where it can
be seen with certainty that there is no possibility
that the activity in question may have a significant
effect on the environment, the activity is not
subject to CEQA.” The proposed ordinance amending MMC Chapter 10.68 (Oversized Vehicle Parking Regulations) does not have the potential to degrade the quality of the environment or have a significant effect on the environment. Actions proposed in the Text Amendment is not considered a “project” under CEQA Guidelines Section 15378 in that there is no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. For those interested in participating in-person during the public comments period or public testimony period for public hearings, you may address the City Council in-person the day of the meeting. Speakers will be required to fill out a speaker card provided during this meeting and turn it into the City Clerk or a staff designee prior to each public comment announcement period. Each speaker card will be called in the order received. The public may also submit emailed comments via the City's email address: [email protected] where the public can submit public comments up until the day of the meeting, Wednesday, July 24, 2024 between 7:30 a.m. – 6:00 p.m.. These comments will not be read out loud but will be entered into the record and submitted to all members of the City Council. 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. The proposed ordinance and other materials are available by contacting the City Clerk's Office at 323-887-1359. Kimberly Guillen, Sr. Deputy City Clerk Dated: July 1, 2024 Date published: July 11, 2024 7/11/24

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MONTEBELLO NEWS

ITEM # 12

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager

BY: Kimberly Guillen, Senior Deputy City Clerk
SUBJECT: APPROVE RESOLUTION NO. 24-57 ACCEPTING THE SUFFICIENCY OF THE RECALL PETITION AND APPROVE RESOLUTION NO. 24-59

REQUESTING CONSOLIDATION OF THE RECALL WITH THE
GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5,
2024
DATE: July 24, 2024
RECOMMENDATIONS:

It is recommended that the City Council:

1. Approve Resolution No. 24-57, accepting the certificate of sufficiency of signatures on the petition to recall Councilmember Angie Jimenez; and

2. Approve Resolution No. 24-58, calling for the holding of a General Municipal Election to be held on Tuesday, November 5, 2024, for the submission of the question of the recall of Angie Jimenez; and

3. Approve Resolution No. 24-59, requesting the Board of Supervisors of the County of Los Angeles to consolidate the Recall Election with the General Municipal Election to be held on Tuesday, November 5, 2024,

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

FISCAL IMPACT:

There is no fiscal impact associated with staff’s request to adopt these resolutions.

Consolidation of the recall with the General Election is estimated to be at least 50% cheaper than a Special Election.

CITY COUNCIL AGENDA REPORT - MEETING OF JULY 24, 2024

BACKGROUND/DISCUSSION:

On April 29, 2024, a Notice of Intention to Circulate Recall petition was filed with the City Clerk. Councilmember Angie Jimenez did not file an answer to the Notice of Intention.

On May 27th, the form of the Petition was determined to meet the statutory requirement, thus allowing for the proponents to begin gathering signatures. The Secretary of State's Handbook "Procedures for Recalling State and Local Officials" and Elections Code Section 11221 (a) (2) state number of required signatures must be equal in number to not less than the following percent of registered voters in the electoral jurisdiction: twentyfive percent (25%) if voter registration is less than 10,000 but at least 1,000. According to the Report of Registration filed with the Secretary of State, District 5 has 5,553 registered voters, and thus 1,388 verified signatures were required in order to place this question on a ballot.

Per Elections Code Section 11220(a) (3), ninety (90) days were provided to collect signatures, which is the statutory timeframe if the electoral jurisdiction has less than 10,000 registered voters but at least 5,000. On July 2, 2024, the Petition was filed with the City Clerk’s Office in accordance with Elections Code Sections 11220 and 11221 (a) (2). The City Clerk completed the prima facie review of signatures and identified 2,704 unverified signatures.

Pursuant to Elections Code Section 11224, the County Elections Office examined the Petition and, from the records of voter registration, ascertained that the Petition was signed by the requisite number of voters. The County Elections Office submitted the results of their examination and verification of signatures to the City Clerk/Elections Official on July 18, 2024. Per Elections Code Section 11227, the Certificate of Sufficiency, is now submitted to the City Council for acceptance.

ENVIRONMENTAL:

N/A
ANALYSIS:

Pursuant to Elections Code Sections 11224 and 11225, the County Elections Office has examined the Petition and ascertained it was signed by the requisite number of voters.

Upon finding the Petition sufficient, the County Elections Office provided the results of their examination and verification of signatures to the City Clerk on July 18, 2024. The County Elections Office determined that there were 2,023 valid signatures.

The City Council must now accept the Certificate of Sufficiency as provided by Elections Code Section 11240 and approve the attached Resolution No. 24-57. The election must be held not less than 88 days, nor more than 125 days after the issuance of the order. (Elections Code Section 11242). If the City Council does not act within 14 days as specified, Elections Code Section 11241 stipulates that the County Elections Official must, within 5 days, set the date for the election.

The next General Election in the City of Montebello is set to be held on Tuesday,

CITY COUNCIL AGENDA REPORT - MEETING OF JULY 24, 2024

November 5, 2024. As it relates to this recall process, time is of the essence for the recall election to be duly consolidated with the General Election. Should the Council fail to act timely, the recall election will have to proceed and be scheduled for a Special Election to be no earlier than 88 days and no later than 125 days following acceptance of the sufficiency of the petition.

ALTERNATIVES:

The City of Montebello could not approve the resolutions calling the election, in which case, if the City failed to call for the election within 14 days, the County of Los Angeles would have to call the election within the next 5 days.

SUMMARY:

The Los Angeles County Clerk-Recorder and Elections Office (County Elections Office) has completed its review of the Petition to Recall Council Member Angie Jimenez (Petition) and provided information for the Certificate of Sufficiency, confirming that the Petition has been signed by the requisite number of voters. As required by Elections Code Section 11240, at tonight’s regular City Council meeting, the City Clerk will present the Certificate of Sufficiency for City Council acceptance. As required by Elections Code Section 11240, the City Council must, within 14 days of this meeting, call an election and issue an order stating that an election shall be held to determine whether or not Council Member Jimenez shall be recalled. The call for an election can be done at this meeting as prescribed by the Elections Code.

The election must be held no sooner than 88 days and no later than 125 days after it is called. If a regular or special election is set to occur within that timeframe, the recall election must be consolidated with that election. (Elections Code Section 11242).

ATTACHMENT(S)

1. Attachment A - Resolution No. 24-57 - Accepting the Certificate of Sufficiency

2. Attachment B - Resolution No. 24-58 - Submission of the Question of the Recall of Angie Jimenez

3. Attachment C - Resolution No. 24-59 - Requesting the Board of Supervisors to Consolidate Recall Election with General Election

ATTACHMENT A
RESOLUTION NO. 24-57

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MONTEBELLO, CALIFORNIA, ACCEPTING THE CERTIFICATE OF

SUFFICIENCY OF SIGNATURES ON THE PETITION TO RECALL

COUNCILMEMBER ANGIE JIMENEZ

RECITALS
WHEREAS, on April 29, 2024, the City Clerk/Elections Official received a copy of the Notice of Intention to Circulate Recall Petition, which proposed the recall of Council Member Angie Jimenez; and
WHEREAS, on May 27, 2024, the Petition for Recall form was determined to meet the statutory requirements and thus approved for signature gathering; and WHEREAS, Elections Code Section 11220 provides that the number of required signatures must be equal to not less than twenty-five (25%) of Montebello registered voters; and
WHEREAS, according to the Report of Registration filed with the Secretary of State, Montebello has 5,553 registered voters, and thus 1,388 verified signatures were required for this Petition; and
WHEREAS, on July 2, 2024, the Petition to Recall Council Member Angie Jimenez was filed with the City Clerk’s Office in accordance with Elections Code Section 11220, prior to the established deadline of August 21, 2024; and WHEREAS, after completing the prima facie review of signatures, the City Clerk/Elections Official identified 2,704 unverified signatures, which is greater than the minimum 1,388 required, and provided the petition to the Los Angeles County ClerkRecorder and Elections Department for examination and verification of the signatures on July 2, 2024; and
WHEREAS, on July 18, 2024, the Los Angeles County Clerk-Recorder and Elections Department provided information for the Certificate of Sufficiency of the Recall Petition, indicating the following, and attached hereto:. (a) The name of the Officer whose recall is sought – Angie Jimenez (b) The title of his or her office – Council Member of District 5 (c) The number of signatures required by law – 1,388
(d) The total number of signatures on the petition – 2,700 (e) The number of valid signatures on the petition – 2,023 (f) The number of signatures which were disqualified - 677

RESOLUTION NO. 24-57

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO HEREBY accepts the Certificate of Sufficiency of the signatures on the Petition to Recall Councilmember Angie Jimenez.

SECTION 1. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

APPROVED AND ADOPTED THIS 24TH DAY OF JULY 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. 24-57 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 24th day of July 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

RESOLUTION NO. 24-57

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
EXHIBITS:
• Exhibit A – Los Angeles County Registrar/Recorder County Clerk Petition Certification

ATTACHMENT B
RESOLUTION NO. 24-58

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MONTEBELLO, CALIFORNIA, CALLING FOR THE HOLDING OF A
GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 5, 2024,

FOR SUBMISSION OF THE QUESTION OF THE RECALL OF ANGIE

JIMENEZ

RECITALS
WHEREAS, under the provisions of the law relating to cities in the State of California, recall petitions were filed demanding the recall of Angie Jimenez, Council Member; and
WHEREAS, the petitions were signed by more than 25 percent of the voters of the City of Montebello; and
WHEREAS, the City Council is authorized and directed by statute to submit the proposed recall to the voters; and

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. That pursuant to the requirements of the City of Montebello, there is called and ordered to be held in the City of Montebello, California, on Tuesday, November 5, 2024, a General Municipal Election for the purpose of submitting the question of the recall of Angie Jimenez, Council Member
SECTION 2. That on the ballots to be used at the election, in addition to any other matters required by law, there shall be printed substantially the following:

Shall Angie Jimenez be recalled (removed) from the office YES of the City of Montebello District 5 Councilmember?
NO
APPROVED AND ADOPTED THIS 24TH DAY OF JULY 2024.
_______________________________
Scarlet Peralta, Mayor

RESOLUTION NO. 24-58

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. 24-58 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 24th day of July 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

ATTACHMENT C
RESOLUTION NO. 24-59

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MONTEBELLO, CALIFORNIA, REQUESTING THE BOARD OF

SUPERVISORS OF THE COUNTY OF LOS ANGELES TO

CONSOLIDATE A RECALL ELECTION WITH THE GENERAL
ELECTION TO BE HELD ON NOVEMBER 5, 2024

RECITALS
WHEREAS, the City of Montebello, California, has received a valid petition for the recall of certain elected officials; and
WHEREAS, the City Council of the City of Montebello desires to submit the question of the recall of the officials named in the petition to the voters; and WHEREAS, it is in the best interest of the City of Montebello to consolidate the recall election with the general election to be held on November 5, 2024, to ensure a cost-effective and efficient election process; and
WHEREAS, Section 10403 of the California Elections Code authorizes the City Council to request the Board of Supervisors of the County of Los Angeles to consolidate the recall election with the general election.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1. The City Council of the City of Montebello hereby requests the Board of Supervisors of the County of Los Angeles to consolidate the recall election with the general election to be held on November 5, 2024, in accordance with Section 10403 of the California Elections Code.

SECTION 2. The Board of Supervisors of the County of Los Angeles is hereby requested to order the consolidation of the recall election with the general election to be held on November 5, 2024, to include the recall election within the general election ballot, and to provide all services necessary for the conduct of the consolidated election.

SECTION 3. The City Clerk of the City of Montebello is hereby directed to file a certified copy of this Resolution with the Board of Supervisors of the County of Los Angeles and the Registrar-Recorder/County Clerk of the County of Los Angeles.

SECTION 4. The City Clerk of the City of Montebello is hereby directed to file a certified copy of this Resolution with the Board of Supervisors of the County of Los Angeles and the Registrar-Recorder/County Clerk of the County of Los Angeles.

RESOLUTION NO. 24-59

APPROVED AND ADOPTED THIS 24TH DAY OF JULY 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. 24-59 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 24th day of July 2024 and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

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

DATE:

Christopher Jimenez, City Clerk

ITEM # 13

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: APPROVE RESOLUTION NO. 24-53 ADOPTING THE JULY 2024-JULY 2027 ECONOMIC PROSPERITY ACTION PLAN
DATE: July 24, 2024
RECOMMENDATIONS:

It is recommended that the City Council:

1. Approve Resolution No. 24-53 adopting the July 2024-July 2027 Economic Prosperity Action Plan, a Three-Year Implementation Strategy; and

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

FISCAL IMPACT:

There are no significant fiscal impacts associated with adopting the July 2024-July 2027 Economic Prosperity Action Plan.

BACKGROUND/DISCUSSION:

With the approval of the Citywide 2040 General Plan Update, the Downtown Montebello Specific Plan, and the Citywide Bicycle Master Plan, the City of Montebello is poised to enhance its strategic presence in the San Gabriel Valley by integrating an urbanism model of economic growth and development. In so doing, the City and the local region will continue to emerge from the ill-effects of a worldwide pandemic, inflationary monetary pressures, and the ongoing impacts of a lack of affordable housing for all income types. In this environment, it is critically important to identify the City’s economic development pathway to properly anticipate all future opportunities and challenges related to economic growth, equity, and prosperity.

The City of Montebello’s July 2024-July 2027 Economic Prosperity Action Plan (the

CITY COUNCIL AGENDA REPORT - MEETING OF JULY 24, 2024

“Plan”) is an implementation document that identifies key action areas for the City to undertake and implement over the next three years. The plan is meant to serve as a companion report to the newly approved Citywide 2040 General Plan Update, the Downtown Montebello Specific Plan, and the Citywide Bicycle Master Plan. It should also meld seamlessly with the goals and development objectives of the future TransitOriented Development District (TOD) contemplated for the Washington Blvd. commercial corridor and the Metro light rail extension project starting construction in 2029.

The Plan is framed around four key areas of action: Catalytic Development Opportunities, Public Infrastructure Investment, Placemaking Initiatives, and Business/Entrepreneur/Workforce Growth. Together, the four areas of action will serve to trigger public and private investment for new development and infrastructure, enhance social capital among local stakeholders, and build capacity within the City’s business and entrepreneurial community. A key piece of this strategy is to bring attention to the current state of the City’s workforce and identify opportunities to create shared prosperity by building partnerships and supporting current employers.

Given the connectivity between the Plan and the recently approved land use plans, the four areas of action should serve as an “implementation toolbox” for the key objectives outlined in the Citywide 2040 General Plan and the Downtown Montebello Specific Plan, including attracting investment to build affordable housing and new businesses, while elevating the importance of placemaking as a community-building tool and public policy platform.

The Plan recognizes the importance of working collaboratively with local stakeholders, property and business owners, regional partners, and the investment community to achieve the objectives highlighted in the Plan. To reinforce this critical point, the Plan incorporates a mission statement that strengthens the intent and purpose of the document. The mission statement reads:
“The City of Montebello’s Economic Prosperity Action Plan is a strategic blend of economic development goals and initiatives that elevates local residents, businesses, and stakeholders to benefit from and leverage economic opportunities resulting in increased access to basic services, resources, commerce options, and public space activities that positively impact citywide quality of life, personal well-being, and community growth”.

Additionally, the Plan contains four guiding principles that illuminate the intent of the Plan’s Mission Statement. The four guiding principles are:
• INVEST in our neighborhoods
• BUILD a sustainable future
• CREATE workforce success
• ADVANCE the local economy through entrepreneurship
An important aspect of the Plan is the identification of key baseline metrics that allow city staff and leadership to track key outcomes that result from the implementation of the Plan. Importantly, the City currently carries multiple software technology tools that

CITY COUNCIL AGENDA REPORT - MEETING OF JULY 24, 2024

facilitate the creation and analysis of data and other community information. With these tools at the disposal of city staff, the Plan recommends the following data points as baseline indicators to track progress during the implementation of the plan:
• Total number of Housing Units
• Total Employees citywide
• Educational Attainment
• Number of Businesses
• Median Household Income
• Homeownership Rate
• Median Property Value
• Unemployment
• Top Business Tax Producers
• Jobs to Housing Balance
• Median Age

COMMUNITY ENGAGEMENT
The Plan builds upon the 31 community meetings/workshops that occurred during the community outreach for the Citywide 2040 General Plan Update and the Downtown Montebello Specific Plan by highlighting issues and initiatives that workshop participants raised as key priorities for the future of the City, including sustainable and accessible development along key commercial corridors, new and engaging green space, and support for local businesses and entrepreneurs. In addition, a draft framework of the Plan was presented to the City Council in the Spring of 2023. Staff from the Planning and Community Development Department worked closely with members of the Montebello Chamber of Commerce Economic Development Committee to refine and articulate the objectives of the Plan. Moving forward, each implementation strategy will likely require additional community input and engagement to fully realize the benefits of the action item. Thus, the Plan is not the end of a process but the continuation of a public dialogue between the City and its community members to build a Montebello that is prepared for future growth.

ENVIRONMENTAL:

N/A
ANALYSIS:

The newly approved Citywide 2040 General Plan Update and the Downtown Montebello Specific Plan represent a critical juncture for the future of Montebello and its neighborhoods. The two land use documents, fully vetted by community stakeholders and city leaders during multiple public workshops and hearings, must create change that is visible, measurable, and leads to economic prosperity for all residents, businesses, and stakeholders. The Plan offers an implementation pathway to achieve some of the goals of the two land use documents. By framing the goals and objectives as “action items”, the Plan presents the opportunity for the continuation of public input and dialogue

CITY COUNCIL AGENDA REPORT - MEETING OF JULY 24, 2024

and thus keep the general plan and specific plan discussion, as well as the future TOD feasibility study, at the forefront of how the City will develop its commercial corridors and protect its neighborhoods.

Each of the four areas of action extends a platform to City departments to work strategically with each other to achieve full benefits. The Plan elevates the notion of economic development as the connective tissue that brings together city-building disciplines of planning, housing, transportation, recreation, and public works to build the outcomes called out in the Citywide 2040 General Plan Update and the Downtown Montebello Specific Plan.

Lastly, the Plan highlights the multiple sources of funding and mechanisms available to the City to implement the areas of action. Fully understanding the various sources from the federal, state, county, and local government entities will assist City staff to mold a funding package for many of the initiatives.

SUMMARY:

Staff recommends approval of Resolution No. 24-53 adopting the July 2024-July 2027 Economic Prosperity Action Plan, a Three-Year Implementation Strategy.

ATTACHMENT(S)

1. Attachment A - Economic Prosperity Narrative Plan

2. Attachment B - Resolution No. 24-53 - Economic Prosperity Action Plan

ECONOMIC PROSPERITY

ACTION PLAN
JULY 2024 - JULY 2027

A THREE-YEAR

IMPLEMENTATION

STRATEGY

2

STRATEGIC DIRECTION
The City of Montebello is embarking on a new chapter in its evolution as a city within metropolitan Los Angeles County. With the approval of the Citywide 2040 General Plan Update and the Downtown Montebello Specific Plan, the City of Montebello is poised to enhance its presence in the San Gabriel Valley as it takes on a strategic role in bringing about an urbanism model for a traditional suburb in Los Angeles County. As the City and the region continue to emerge from the ill effects of a worldwide pandemic, inflationary monetary pressures, and the ongoing impacts of a lack of affordable and accessible housing for all income types, it is critically important to identify the city’s economic development pathway in order to prepare for future opportunities and challenges.

The Montebello Economic Prosperity Action Plan is a policy document that identifies key action areas for the city to undertake and implement over the next three years. The plan is meant to serve as a companion report to the approved Citywide General Plan Update and the Downtown Montebello Specific Plan. It should also meld seamlessly with the goals and development objectives of the future Transit-Oriented Development District for the Washington Blvd. corridor and the upcoming light rail system.

Given the connectivity between the economic prosperity plan and the recently approved land use plans, the “areas of action” identified in the plan should serve as an “implementation toolbox” for the key objectives outlined in the two land use documents, including bringing about investment to build affordable housing, attracting new businesses to the city, elevating the importance of placemaking as a community-building tool, and emphasizing shared growth and prosperity for the local community.

The Montebello Economic Prosperity Action Plan is framed around four key areas of action:

Catalytic Development Opportunities, Public Infrastructure Investments, Placemaking Initiatives, and Business/Entrepreneur/Workforce Growth. Together, the four areas of action will serve to trigger public and private investment for new development and infrastructure, enhance social capital and networks amongst local stakeholders, and build capacity within the city’s business and entrepreneur community. A key piece of this strategy is to focus attention on the current and future state of the city’s workforce to build partnerships, support employers, and ultimately create shared prosperity. Prosperity for the individual, the community, and the city must be the overriding outcome of this effort.

The Montebello Economic Prosperity Action Plan builds upon the 30 community workshops that occurred during the community outreach for the Citywide General Plan Update and the Downtown Montebello Specific Plan. A draft framework of this plan was presented to the City Council in the Spring of 2023. Subsequently, staff from the Economic Development Division of the Planning and Community Development Department worked closely with members of the Montebello Chamber of Commerce Economic Development Committee to refine and articulate the objectives of the action plan. The strategic action items are meant to be collaborative, measurable, and intentional throughout the three-year implementation phase. The plan is not the end of a process but the continuation of a dialogue between the city and its community to build a Montebello that is prepared and proud of its standing as a city within Los Angeles County.
3

4 MISSION STATEMENT

AND GUIDING PRINCIPLES

MISSION STATEMENT

AND GUIDING PRINCIPLES
The City of Montebello recognizes the importance of working collaboratively with local stakeholders, property and business owners, regional partners, and the investment community to achieve the objectives highlighted within this plan. To effectuate this perspective, we begin with an economic development definition that strengthens the columns that elevate the intent and purpose of the plan by stating that economic development represents the “connective tissue” that strategically brings together the important city-building disciplines of planning, housing, transportation, open space development, infrastructure, and public safety to build and enhance community wealth and prosperity. With this foundational baseline, one can then put forth the following mission statement and guiding principles to drive forward the implementation of the plan.

MISSION STATEMENT
The Montebello Economic Prosperity Action Plan is a strategic blend of economic development goals and initiatives that elevates local residents, businesses, and stakeholders to benefit from and leverage economic opportunities resulting in increased access to basic services, resources, commerce options, and public space activities that positively impact citywide quality of life, personal well-being, and community growth.

GUIDING PRINCIPLES
5 BUILD
a sustainable future
INVEST in our
neighborhoods
CREATE
workforce success
ADVANCE the local
economy through
entpreneurship

6

KEY CITYWIDE OPPORTUNITIES
Over the last several years, the City of Montebello has been actively preparing for the future growth and protection of its neighborhoods. The city has moved forward in updating the various land use and zoning patterns across the city after more than five decades. The city’s new Parks Master Plan elegantly highlights the needs and opportunities for creating new green space for the city’s families. The city has taken a proactive stance in supporting affordable housing by being one of the first cities within Los Angeles County to secure an approved Housing Element from the State of California. Within a few years, residents of Montebello will be connected to the regional light rail system with the arrival of the Gold Line extension along Washington Blvd. Below is a matrix that outlines the specific opportunities for some of the key initiatives and locations across the city:
7

KEY BASELINE / PERFORMANCE METRICS
A key to articulating where we want to go in the future is to understand where the city stands today demographically and economically. The city has multiple software tools to facilitate the creation and analysis of data and information. Additionally, the city partners with external entities to further develop data platforms that assist in identifying opportunities and needs within demographic groups and for local stakeholders. With these tools at hand, the plan recommends the following data points as baseline indicators to track progress during the implementation of the plan:
8 FOLLOWING PAGE:

The tables on the following page identify eight key shopping zones within the City of Montebello. Using Placer.ai geo-fencing software, department staff can highlight visitation rates for each of the shopping zones on a month-to-month basis or over a span of a year. This report will be produced on a monthly basis by economic development staff. 20,549
Housing Units
(DOF, SGV Economic
Partnership Economic
Forecast)
29,496
Total
Employees
Education
Attainment
2,519
Businesses
Operating in
Montebello
$98,688
Average
Household Income
42%
Home
Ownership Rate

5.1 Unemployment
(EDD, 2023)
Top Business
Tax Producers

1.53 Jobs to Housing Balance
(SCAG Demographics
and Growth Forecast,
2020)
Median Age
39 Some College: 19%
Bachelor’s Degree: 15%
High School Graduate: 74%
$727,678
Home Value

KEY BASELINE / PERFORMANCE METRICS
9

10

AREAS OF ACTION
11 1. Catalytic Development Opportunities

2. Public Infrastructure Investments

3. Placemaking Initiatives

4. Business/Entrepreneur/Workforce Support

12

CATALYTIC DEVELOPMENT OPPORTUNITIES
Catalytic development opportunities are projects designed to jump-start new development, have the potential to be transformative in their impact and uses, typically involve large-scale land assemblage, revolve around public/private partnership structures, and demonstrate collaboration between developers, community non-profits, and other local stakeholder groups. The catalytic development project can, in some cases, serve as a development template for future projects that are attempting to achieve similar goals and investment outcomes. Below is a listing of potential catalytic development opportunities for each of the high-impact commercial corridors across the city.
13

CATALYTIC DEVELOPMENT OPPORTUNITIES
14

15

PUBLIC INFRASTRUCTURE INVESTMENTS
Public infrastructure investment is a critical piece of the economic development puzzle for the city. Infrastructure investment can lead to beneficial economic outcomes at the regional and local levels. A key function of this economic development equation is how this investment strategy is defined and implemented. To fully capture the dynamic effect of infrastructure growth, one must ensure that projects have a resiliency component integrated into its design that recognizes local economic conditions; leverages opportunities to maximize multi-sector resources and programming options; incorporates a workforce development component to facilitate local training, and job opportunities; and identify local procurement pathways to integrate local businesses and stakeholders. Below is a listing of recommended public infrastructure projects that integrate a strong economic development strategy:
16

PUBLIC INFRASTRUCTURE INVESTMENTS
17

PUBLIC INFRASTRUCTURE INVESTMENTS
18

19

PLACEMAKING INITIATIVES
Placemaking seeks to improve communities, neighborhoods, and cities by creating spaces and experiences where people can thrive and build social connections and thus strengthen community identity and quality of life. As an economic development activity, placemaking initiatives must ensure participation by cross-sector partners, pursue a place-based orientation, and elevate the arts and culture as signature opportunities to weave together public spaces, equity, and sustainability. Collaborations between government agencies and community groups must be intentional and transparent to fully capture the benefits of social capital that emerge from effective placemaking planning. Key to this dynamic is developing a shared language for and about placemaking to elevate it beyond simply “special event planning”. Through placemaking initiatives, the city must seek the following outcomes: Greater social cohesion, increased sense of place, upgrades to physical infrastructure, and greater accountability for a community narrative that nurtures integrated development for the city. Below is a listing of specific action items to support placemaking in the city:
20

PLACEMAKING INITIATIVES
21

PLACEMAKING INITIATIVES
22

PLACEMAKING INITIATIVES
23

24

BUSINESS/ENTREPRENEUR/WORKFORCE

SUPPORT
The City of Montebello must support an ecosystem of collaboration between the business, entrepreneur, and workforce development sectors. As economic development tools, the three sectors cross-pollinate each other by leveraging and sharing sources of funding, technical assistance, and program participants. Additionally, all three sectors share a programmatic infrastructure at the local, state, and federal level that includes business development centers, community development corporations, job centers, community development financial institutions, entrepreneur centers, and regional economic partnerships. The three sectors, under a shared resources model, can then address the challenges typically found with hyper-local municipal economies by advocating, coordinating, and implementing development and growth strategies within a larger, and more competitive, regional economic development structure. Within an ecosystem of collaboration, the city can engender a “grow from within” strategy that states that local entrepreneurs and a highly skilled workforce can drive local economic growth. 25

BUSINESS/ENTREPRENEUR/WORKFORCE

SUPPORT
26

BUSINESS/ENTREPRENEUR/WORKFORCE

SUPPORT
27

28

FUNDING SOURCES
The City of Montebello will be able to pursue funding opportunities from a variety of sources and mechanisms to implement the strategic actions outlined in this document.Funding sources and mechanisms include federal, state, and local enabling entities and private partnerships. All funding opportunities can serve as permanent, ongoing, or temporary sources, as detailed below.
29

FUNDING SOURCES
30

FUNDING SOURCES
31

FUNDING SOURCES
32

FUNDING SOURCES
33

34

ACKNOWLEDGEMENTS
The City of Montebello’s Planning and Community Development Department extends the deepest gratitude to the Montebello Chamber of Commerce Economic Development Committee for their invaluable input, guidance, and contributions to the making of this report.

Below is a listing of the Economic Development Committee members:

Adriana Dugan, Executive Director,
Montebello Chamber of Commerce
Nathan McCusker, Committee Chair,
Angry Horse Brewing
Armando Arenas,
George Michael Realty
Barney Santos,
Blvd. Market
Abraham Rios,
The Shops at Montebello
35

Mayor-Scarlet Peralta, District 2
Mayor Pro Tem-Salvador Melendez, District 3
Councilmember-David Torres, District 4
Councilmember-Angie M. Jimenez, District 5
Councilmember-Georgina Tamayo, District 1
Raul Alvarez, City Manager
Arlene Salazar, Assistant City Manager
Joseph Palombi, Director
Planning and Community Development Department
Jose A. Gardea, Manager
Economic Department Division

ATTACHMENT B
RESOLUTION NO. 24-53

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MONTEBELLO, CALIFORNIA, ADOPTING THE JULY 2024-JULY
2027 ECONOMIC PROSPERITY ACTION PLAN, A THREE-YEAR

IMPLEMENTATION STRATEGY REPORT
WHEREAS, pursuant to California Government Code Section 65300, each city and county in California must adopt a comprehensive, long-term general plan addressing the physical development of the county or city, and any land outside its boundaries which in the agency’s judgment bears relation to its planning; and WHEREAS, pursuant to California Government Code Section 65302, a general plan shall consist of statements and diagrams addressing community-wide development goals and/or objectives and policies and programs to achieve those goals and/or objectives relating to seven mandatory elements: land use, circulation, housing, conservation, open space, noise, and safety; and
WHEREAS, the 2040 General Plan updates include providing updated goals, policies, and programs reflecting the community’s vision for the City; and WHEREAS, the 2040 General Plan guides decisions to achieve a future that is: (a) responsive to community needs and desires; (b) reasonable and possible to achieve, with specific action steps; (c) pragmatic and far-sighted in grappling with trends; (d) resilient to respond to future shocks and stresses; and (e) system-based and comprehensive bridging the practice gaps within different fields, departments, or organizations; and WHEREAS, consistent with California Government Code Section 65303, a general plan may include other elements or other subjects than those of the statemandated elements. Accordingly, the 2040 General Plan contains an optional Economic Development Element in the 2040 General Plan Our Prosperous Community (Chapter 2).

Economic development is addressed by a framework of policies for governing future decisions about how the City will encourage a thriving business environment with highpaying industries, a vibrant downtown, and a healthy economy. The goals, policies, and programs aim to create a climate where business and innovation flourishes in Montebello.

In addition, the goals, policies, and programs support conditions drawing visitors to Montebello and providing residents with attractive options for shopping, recreation, and working; and
WHEREAS, with the approval of the Citywide 2040 General Plan Update, the Downtown Montebello Specific Plan, and the Citywide Bicycle Master Plan, the City of

RESOLUTION NO. 24-53

Montebello (the “City”) is poised to enhance its strategic presence in the San Gabriel Valley by integrating an urbanism model of economic growth and development; and WHEREAS, it is critically important to identify the City’s economic development pathway to properly anticipate all future opportunities and challenges related to economic growth, equity, and prosperity; and
WHEREAS, the City of Montebello’s July 2024-July 2027 Economic Prosperity Action Plan (the “Plan”) is an implementation document that identifies key action areas for the city to undertake and implement over the next three years; and WHEREAS, the Plan is framed around four key areas of action: Catalytic Development Opportunities, Public Infrastructure Investment, Placemaking Initiatives, and Business/Entrepreneur/Workforce, which together will serve to trigger public and private investment for new development and infrastructure, enhance social capital amongst local stakeholders, and build capacity within the City’s business and entrepreneur community; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are hereby incorporated as substantive findings in this Resolution.

SECTION 2. The City Council hereby approves the City of Montebello’s July 2024-July 2027 Economic Prosperity Action Plan, A Three-Year Implementation Strategy as set forth in Exhibit A, based on the facts and findings as set forth in this Resolution below and in Exhibit A, which are hereby incorporated as part of the findings through City Council Resolution No. 2453.

SECTION 3. City of Montebello’ July 2024-July 2027 Economic Prosperity Action Plan, A Three-Year Implementation Strategy
a. The City of Montebello’s July 2024-July 2027 Economic Prosperity Action Plan (the “Plan”) is an implementation document that identifies key action areas for the City to undertake and implement over the next three years. b. The plan is meant to serve as a companion report to the newly approved Citywide 2040 General Plan Update, the Downtown Montebello Specific Plan, and the Citywide Bicycle Master Plan.

RESOLUTION NO. 24-53

c. The Plan is framed around four key areas of action: Catalytic Development Opportunities, Public Infrastructure Investment, Placemaking Initiatives, and Business/Entrepreneur/Workforce Support. Together, the four areas of action will serve to trigger public and private investment for new development and infrastructure, enhance social capital amongst local stakeholders, and build capacity within the City’s business and entrepreneur community.
d. The four areas of action should serve as an “implementation toolbox” for the key objectives outlined in the Citywide 2040 General Plan and the Downtown Montebello Specific Plan, including attracting investment to build affordable housing and new businesses, while elevating the importance of placemaking as a community-building tool and public policy platform.
e. The Plan recognizes the importance of working collaboratively with local stakeholders, property and business owners, regional partners, and the investment community to achieve the objectives highlighted in the Plan. f. The Plan incorporates a mission statement that reads: “The City of Montebello’s Economic Prosperity Action Plan is a strategic blend of economic development goals and initiatives that elevates local residents, businesses, and stakeholders to benefit from and leverage economic opportunities resulting in increased access to basic services, resources, commerce options, and public space activities that positively impact citywide quality of life, personal well-being, and community growth.” g. The Plan recommends the following data points as baseline indicators to track progress during the implementation of the plan: 1) total number of housing units, 2) total employees citywide, 3) educational attainment, 4) number of businesses citywide, 5) median household income, 6) homeownership rate, 7) unemployment rate, 8) top business tax producers, 9) jobs to housing balance, and 10) median age.
h. The Plan builds upon the 30 community workshops that occurred during the community outreach for the Citywide 2040 General Plan Update and the Downtown Montebello Specific Plan by highlighting issues and initiatives that workshop participants raised as key priorities for the future of the City, including sustainable and accessible development along key commercial corridors, new and engaging green space, and support for local businesses and entrepreneurs. i. Each implementation strategy within the report will require additional community input and engagement to fully realize the benefits of the action item, thus the Plan is not the end of a process but the continuation of a public dialogue

RESOLUTION NO. 24-53

between the City and its community members to build a Montebello that is prepared for future growth.
j. Each of the Area of Action’s within the report describes an overriding strategic direction for its implementation as described below:

1. Catalytic Development Opportunities: Catalytic development opportunities are projects designed to jump-start new development, have the potential to be transformative in their impact and uses, typically involve large-scale land assemblage, revolve around public/private partnership structures, and demonstrate collaboration between developers, community non-profits, and other local stakeholder groups. Key areas in which to implement this development strategy include the Downtown Montebello Specific Plan overlay zone, the Beverly Blvd. commercial corridor, the Pomona (60) Freeway Power Centers corridor, and the Washington Blvd. industrial corridor.

2. Public Infrastructure Investment: Infrastructure investment can lead to beneficial economic outcomes at the regional and local levels. A key function of this economic development equation is how this investment strategy is defined and implemented. To fully capture the dynamic effect of infrastructure growth, one must ensure that projects have a resiliency component integrated into its design that recognizes local economic conditions; leverages opportunities to maximize multisector resources and programming options; incorporates a workforce development component to facilitate local training and job opportunities; and identify local procurement pathways to integrate local businesses and stakeholders. Key areas in which to implement this strategy include the Rio Hondo Spreading Grounds and water channel, the Montebello Blvd. transit corridor as a multi-modal hub model to connect the multiple housing clusters along the same corridor, the future Metro light rail extension project, new Downtown housing growth, and efforts to address climate change and city beautification.

3. Placemaking Initiatives: Placemaking seeks to improve communities, neighborhoods, and cities by creating spaces and experiences where people can thrive and build social connections and thus strengthen community identity and quality of life. As an economic development activity, placemaking initiatives must ensure participation by cross-sector partners, pursue a place-based orientation, and elevate the arts and culture as signature opportunities to weave together public spaces, equity, and sustainability. Collaborations between government agencies and community groups must be intentional and transparent to fully capture the benefits of social capital that emerge from effective placemaking planning. Key to this dynamic is developing a shared language for and about

RESOLUTION NO. 24-53

placemaking to elevate it beyond simply “special event planning”. Key projects in which to implement this item include creating a “Placemaking Working Group”, a Downtown Montebello Activation Plan, and an arts and culture campaign citywide.

4. Business/Entrepreneur/Workforce Support: The City of Montebello must support an ecosystem of collaboration between the business, entrepreneur, and workforce development sectors. As economic development tools, the three sectors cross-pollinate each other by leveraging and sharing sources of funding, technical assistance, and program participants. Additionally, all three sectors share a programmatic infrastructure at the local, state, and federal level that includes business development centers, community development corporations, job centers, community development financial institutions, entrepreneur centers, and regional economic partnerships. The three sectors, under a shared resources model, can then address the challenges typically found with hyper-local municipal economies by advocating, coordinating, and implementing development and growth strategies within a larger, and more competitive, regional economic development structure.

Key areas to focus on to fully capture the benefits of this action item include a business development and support ecosystem, attraction and engagement of the entrepreneur class, and building a workforce support network across the City.

SECTION 4. The City Clerk shall certify the adoption of this Resolution and it shall go into effect immediately upon its adoption.
[Signatures on the following page(s)]

RESOLUTION NO. 24-53

APPROVED AND ADOPTED, THIS 24TH DAY OF JULY 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. 24-53 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 24th day of July 2024 and that said Resolution was adopted by the following vote:

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

RESOLUTION NO. 24-53

EXHIBIT A
July 2024-July 2027 Economic Prosperity Action Plan, A Three-Year Implementation Strategy
[PLACEHOLDER]

ITEM # 14

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager

BY: David Sosnowski, Director of Recreation and Community Services SUBJECT: AWARD PROFESSIONAL SERVICES AGREEMENT NO. 4195 WITH

CITIBOT FOR ARTIFICIAL INTELLIGENCE (AI) CUSTOMER SUPPORT

SERVICES
DATE: July 24, 2024
RECOMMENDATIONS:

It is recommended that the City Council:

1. Award Professional Services Agreement No. 4195 to Citibot for an initial three (3) year term in an amount not-to -exceed Thirty-Two Thousand Dollars ($32,000) in year one, Twenty-Five Thousand Three Hundred Dollars ($25,300) in year two, and Twenty-Eight Thousand Six Hundred Dollars ($28,600) in year three; and,

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

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

FISCAL IMPACT:

The total not-to-exceed cost of Citibot services under the proposed agreement (Attachment A) is $85,900 over the initial three (3) year term: Thirty Two Thousand ($32,000) for year one, Twenty-Five Thousand Three Hundred Dollars ($25,300) for year two, and Twenty-Eight Thousand Six Hundred Dollars ($28,600) for year three (Attachment B). The first-year cost includes a one-time implementation fee and an integration fee to tailor the Artificial Intelligence (AI) chatbot features into the “My Montebello” application (“app”) software. There will be no cost for these two items for this agreement's second and third years. The Fiscal Year 2024-25 budget will incorporate the first year expenses of this agreement, with subsequent budgets including the appropriate funding.

CITY COUNCIL AGENDA REPORT - MEETING OF JULY 24, 2024

BACKGROUND/DISCUSSION:

The City of Montebello is committed to leveraging technology to improve the delivery of services and enhance the overall experience for residents. In 2023 alone, the City’s social media platforms saw a combined 3.9 million impressions and received approximately 114,200 engagements. The City’s website, www.montebelloca.gov, has extensive visitors, the “My Montebello” app received approximately 7,866 individual requests for service and City staff interfaced with an average of 200-300 phone calls per business day for general City-service inquiries.

With an increasing demand for immediate access to information and services, there is a pressing need for the City to invest in innovative solutions that meet the evolving expectations of the community. As the Department strives to meet these needs, staff have researched innovative solutions that offer convenience, accessibility, and efficiency to residents’ requests and inquiries.

Citibot’s services offer an opportunity for the City of Montebello to modernize its communication infrastructure and elevate service delivery. Citibot offers a full-service, generative AI chat solution package featuring the development, implementation and ongoing maintenance of their integrated services for municipalities. These services include a custom Web Chat icon that will represent the chatbot that can be tailored to answer resident inquiries and requests for service by utilizing generative AI that pulls information strictly from the City’s website and a limited number of other government websites and other sources as approved by the Public Affairs Division. As part of this interactive service, the chatbot will also be able to communicate in more than 70 different languages, ensuring that language barriers do not hinder residents' ability to access information or communicate with the City.

In addition to its website services, Citibot’s generative AI will also integrate with the City of Montebello’s app, “My Montebello,” and social media platforms. These services will further expand the availability of the City’s resources to residents and business owners.

Another crucial feature of this agreement will be the implementation of SMS text messaging as another communication tool for information and resource sharing.

Questions regarding city services, work orders and other City functions will be answered by Citibot’s generative AI services by searching the City’s website and other clearly identified sources for this information. By opting-in to SMS messaging, residents can easily connect with the City and receive periodic notices and updates about upcoming City services, programs and/or public meetings.

If the generative AI service is unable to locate information that a resident is requesting, they will be directed to speak with a City of Montebello staff member directly via a phone number that will be provided in all formats that Citibot’s generative AI chat solutions apply to.

Citibot will also create an analytic dashboard for the City. The analytic dashboard will capture all questions and requests for services regardless of the time of day and log them internally. This information will be stored in a secured cloud storage system indefinitely or as per state Freedom of Information Act Requirements mandate. City staff will have

CITY COUNCIL AGENDA REPORT - MEETING OF JULY 24, 2024

the ability to readily access this data and create user-friendly reports that showcase this information to continue making informed decisions on how best to serve the community.

ENVIRONMENTAL:

N/A
ANALYSIS:

The City desires to acquire and provide the services of a Generative AI solution for the City’s website, “My Montebello” app social media platforms and that would have an SMS text capability to enhance the City’s digital infrastructure and citizen services. In addition to reviewing the capability and features of Citibot, staff evaluated five (5) alternative services, comparing their features, capabilities, and suitability for the City’s needs. After a comprehensive assessment, it was determined that two (2) of the alternatives did not meet some of the integration requirements and that the other three (3) alternatives either did not offer the technology to support the robust needs of the City including lack of ability to integrate with the My Montebello App and/or could not offer SMS features.

At the forefront of Citibot's implementation is its ability to serve as a 24/7 virtual assistant, providing residents with instant access to information about City services, events, regulations, initiatives, public meetings and more. By offering personalized responses and a user-friendly interface, Citibot enhances accessibility and fosters greater engagement between the City and its residents. Additionally, Citibot streamlines service delivery by automating routine inquiries and processes, thereby freeing up staff time and resources to focus on other tasks to improve overall efficiency in the delivery of City services.

In recognition of the importance of social media in modern communication, Citibot can be seamlessly integrated with Montebello's social media platforms, including Facebook, X, and Instagram. This integration enables residents to interact with Citibot directly through their preferred social media channels, further expanding access to information and services. By leveraging social media, the City can enhance its online presence and provide residents with another avenue for civic engagement.

Citibot's translation features further enhance accessibility for residents with limited English proficiency or non-English-speaking backgrounds. By offering multi-language support, Citibot ensures that language barriers do not hinder residents' ability to access information or communicate with the city. This inclusive approach promotes equity and ensures that all members of the Montebello community can engage with city services effectively.

In addition to City website and social media interactions, residents will have the option to text questions, work order requests, and more through SMS messaging. This convenient communication channel offers an alternative method for residents to engage with Citibot and access city services and essential information.

CITY COUNCIL AGENDA REPORT - MEETING OF JULY 24, 2024

SUMMARY:

Staff recommends that the City Council approve Professional Services Agreement No. 4195 with Citibot for three years for the implementation, integration, and customization of an AI chatbot service tailored to the City of Montebello’s website, social media platforms and “My Montebello” app in an amount not-to -exceed $85,900 over the initial three (3) term of service; and authorize the City Manager to execute the Agreement on the City’s behalf (attached hereto in substantial form, Attachment A).

ATTACHMENT(S)

1. Attachment A - Agr No. 4195 - Citibot

2. Attachment B - Citibot_Proposal_Montebello_social media

CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO. 4195

WITH CITIBOT
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into on MAY 8, 2024 (“Effective Date”), by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and CITIBOT (the “CONSULTANT”). The CITY and the CONSULTANT are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”

RECITALS
WHEREAS, the CITY desires to retain a qualified professional consultant to provide generative artificial intelligence (AI) services for the CITY as part of a three (3) year contract; and
WHEREAS, the CONSULTANT represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

NOW THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows:

SECTION 1. INCORPORATION OF RECITALS AND OTHER CONTRACT DOCUMENTS a. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover, this Agreement consists of the following documents, in order of precedence, all of which are incorporated herein and made part of this Agreement, as though fully set forth herein:

1. This Agreement and its Exhibits, including scope of work, fee schedules, and any and all addenda or supplemental agreements.

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

SECTION 2. SERVICES / COMPENSATION.
a. To the extent of a conflict between the terms of this Agreement and that set forth in any exhibits or attachments hereto, the terms of this Agreement shall govern. b. The CONSULTANT shall provide to the CITY all labor, equipment, materials and incidental necessary to establish generative artificial intelligence (AI) services as set forth fully in the scope of work, as such is set forth fully in Exhibit “A” attached hereto and incorporated fully herein by this reference (hereinafter “Professional Services”). c. The CONSULTANT shall be compensated for performance of the Professional Services

ATTACHMENT A

PROFESSIONAL SERVICES AGREEMENT NO. 4195

as set forth in Exhibit “B” and incorporated fully herein by this reference (“Compensation”), in an amount not to exceed Thirty-Two Thousand dollars ($32,000) the first calendar year, TwentyFive Thousand Three Hundred Dollars ($25,300) the second calendar year, and Twenty-Eight Thousand Six Hundred Dollars ($28,600) the third calendar year. The CONSULTANT shall provide an itemized billing statement to the CITY for Professional Services performed on an annual basis. The CONSULTANT shall not incur fees or costs which exceed the Compensation without prior written consent of the CITY.

SECTION 3. TERM.
a. This Agreement shall commence upon issuance of a written “Notice to Proceed” (as further defined below) by the CITY and shall expire three (3) years from the Effective Date, unless terminated earlier as hereinafter provided. This Agreement may be extended for up to two (2), one-year extensions upon such terms and conditions mutually agreed upon by the Parties in writing.
b. Notice to Proceed. Any work or service contemplated under this Agreement shall not commence until the CITY has issued a written Notice to Proceed issued by CITY’s applicable, department head.

SECTION 4. PERFORMANCE.
a. The CONSULTANT shall at all times, faithfully, competently, and to the best of its ability, experience, and talent, perform all tasks described herein. b. The CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by companies engaged in providing similar services, as are required of Consultant hereunder, in meeting its obligations under this Agreement. c. The CONSULTANT shall be knowledgeable of and subject to all CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command. d. The CONSULTANT shall have the right to retain, subject to the CITY's approval, additional individuals, consultants or subconsultants to assist in the completion of services as herein defined. Compensation for additional individuals, consultants or subconsultants shall be the sole and exclusive responsibility of the CONSULTANT. e. The CONSULTANT shall retain all original reports, field and office notes, correspondence, calculations, maps, and other documents specifically related to the services provided by the CONSULTANT pursuant to this Agreement, other than documents which are exempt from disclosure pursuant to the attorney-client privilege or any other law. Said documents shall be made available for inspection by the CITY upon request.

SECTION 5. WORK PRODUCT.
a. The CONSULTANT hereby agrees that all work product produced pursuant to this Agreement, and provided to the CITY during and upon completion of this Agreement, shall be the property of the CITY, and ownership of said work product shall be retained by the CITY. The CONSULTANT may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by the CONSULTANT. b. All data, documents, discussion, or other information developed or received by the

PROFESSIONAL SERVICES AGREEMENT NO. 4195

CONSULTANT or provided for performance of this Agreement are deemed confidential and shall not be disclosed by the CONSULTANT without prior written consent by the CITY. The CITY shall grant such consent if disclosure is legally required. All such written products shall be returned to the CITY upon the termination or expiration of this Agreement. The CONSULTANT agrees that the covenants contained in this Section shall survive the expiration or termination of this Agreement.

SECTION 6. EXTRA SERVICES.

No extra services over and above the Compensation shall be rendered by the CONSULTANT under this Agreement unless such extra services first shall have been duly authorized in writing by the CITY’s City Manager (the “City Manager”).

SECTION 7. CITY SUPERVISION.

The City Manager shall have the right of general supervision of all work performed by the CONSULTANT and shall be the CITY’s agent with respect to obtaining the CONSULTANT’s compliance hereunder. No payment for services rendered under this Agreement shall be made without the prior approval of the City Manager.

SECTION 8. TERMINATION.

In the event that either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non-defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.
a. Termination for Cause. In the event that any of the provisions of the Agreement are violated by either party, the non-defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and its intent to terminate such Agreement unless within ten (10) days after the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty (30) days cease and terminate. Violations by the CONSULTANT which cannot be corrected within ten (10) days, said contract shall at the option of the CITY cease and terminate upon the giving of like notice. In the event of any such termination for default by the CONSULTANT, the CITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of the CONSULTANT. The CONSULTANT and his sureties shall be liable to the CITY for any excess cost occasioned in the event of any such termination. This change shall not be construed to prevent the termination, for other causes authorized by law or other provisions of this contract. In the event of a termination for cause, the CONSULTANT shall only be entitled to the Compensation for those Professional Services satisfactory performed on or before the effective date of termination. b. Termination for Convenience. The CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, by giving ten (30) business days’ written notice to the CONSULTANT. Upon the termination of this Agreement as provided herein, the CITY shall provide to the CONSULTANT the part of Compensation which would otherwise be payable to the CONSULTANT for services the CONSULTANT had completed as of the date of termination, less the amount of all previous payment with respect to the Compensation. Further, upon such a termination for convenience by the CITY, the Parties agree that the CONSULTANT shall be reimbursed for any “non-refundable” costs that the CONSULTANT has incurred for its services under this Agreement, provided that: (1) such “nonPage 93 of 1202 PROFESSIONAL SERVICES AGREEMENT NO. 4195

refundable” costs were incurred by the CONSULTANT prior to the date of termination, and (2) that the CONSULTANT provides the CITY with adequate proof that the CONSULTANT incurred the costs, and is unable to be seek a refund for such costs. Such “non-refundable” costs may include, but are not limited to, travel reservations incurred by the CONSULTANT for its performance of services under this Agreement. The CONSULTANT agrees to cease all work under this Agreement on or before the effective date of any notice of termination.

SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.

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

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

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

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

SECTION 12. CALPERS ANNUITANTS AND ELIGIBILITY INDEMNITY. a. If the CONSULTANT is a California Public Employees’ Retirement System (“CalPERS”) annuitant, the CONSULTANT must provide the City with written notification of such fact a minimum of 14 calendar days prior to commencement of services under this Agreement.

Failure to provide such notification may result in termination of the Agreement, and any penalties or other costs relating thereto shall be borne by the CONSULTANT. If this Agreement remains in place, the CONSULTANT shall execute any amendment(s) to this Agreement requested by the City in order to comply with all laws and regulations applicable to CalPERS

PROFESSIONAL SERVICES AGREEMENT NO. 4195

annuitants.
b. In the event that the CONSULTANT or any employee, agent, or subconsultant of the CONSULTANT providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the CITY, the CONSULTANT shall indemnify, defend, and hold harmless the CITY for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of the CONSULTANT or its employees, agents, or subconsultants, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the CITY.
c. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, the CONSULTANT and any of its employees, agents, and subconsultants providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by the CITY, including but not limited to eligibility to enroll in PERS as an employee of the CITY and entitlement to any contribution to be paid by the CITY for employer contribution and/or employee contributions for PERS benefits.

SECTION 13. LEGAL RESPONSIBILITIES.

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

SECTION 14. INDEMNIFICATION.

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

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

PROFESSIONAL SERVICES AGREEMENT NO. 4195

• Automobile Liability Insurance: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if CONSULTANT has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
• Worker's Compensation insurance as required by the laws of the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. • Professional Liability insurance appropriate to the CONSULTANT’S profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. b. If the CONSULTANT maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT. c. The CONTACTOR shall require each of its subconsultants, if any, to maintain insurance coverage that meets all of the requirements of this Agreement. d. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a current rating of at least A:VII in the latest edition of Best's Insurance Guide.
e. Each insurance policy required above shall state that coverage shall not be canceled, except after thirty (30) days’ prior written notice (ten [10] days for non-payment) has been given to the CITY. The CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect the CITY may either (i) immediately terminate this Agreement for Cause; or (ii) take out the necessary insurance and pay, at the CONSULTANT’s expense, the premium thereon.
f. Evidence of Insurance prior to commencement. The Contractor shall provide to the CITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifteen (15) business days prior to the expiration of any policy. Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services’ commencement date. The evidence of insurance shall be U.S. mail or email to:

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

PROFESSIONAL SERVICES AGREEMENT NO. 4195

such certificate(s).
h. The CONSULTANT shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages.
i. The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming the CITY, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to the CITY. The CONSULTANT agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
j. The insurance provided by the CONSULTANT shall be primary to any coverage available to the CITY. Any insurance or self-insurance maintained by the CITY, its officers, employees, agents, or volunteers, shall be in excess of CONSULTANT’s insurance and shall not contribute with it.
k. All insurance coverage provided pursuant to this Agreement shall not prohibit the CONSULTANT, and CONSULTANT’s employees, agents or subconsultants, from waiving the right of subrogation prior to a loss. The CONSULTANT hereby waives all rights of subrogation against the CITY.
l. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, the CONSULTANT shall either reduce or eliminate the deductibles or self-insured retentions with respect to the CITY, or the CONSULTANT shall procure a bond guaranteeing payment of losses and expenses. m. Procurement of insurance by the CONSULTANT shall not be construed as a limitation of the CONSULTANT'S liability or as full performance of CONSULTANT’s duties to indemnify, hold harmless and defend under the indemnity covenants of this Agreement.

SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.

The CONSULTANT shall not subcontract, delegate, or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of the CITY. Any proposed subcontract, delegation, or assignment shall provide a description of the services to be covered, identification of the proposed sub-consultant, delegee, or assignee, and an explanation of why and how the same was selected, including the degree of competition involved.

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

SECTION 17. NO WAIVER.

PROFESSIONAL SERVICES AGREEMENT NO. 4195

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

SECTION 18. DISPUTE RESOLUTION; GOVERNING LAW.

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

SECTION 19. ATTORNEY’S FEES AND COSTS.

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

SECTION 20. WARRANTIES.

Each of the parties represents and warrants to one another as follows:
a. It has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement; b. In executing this Agreement, it has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever; and
c. It is agreed that each party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either party has the full right and authority to fully commit and bind such party to the provisions of this Agreement.

SECTION 21. MISCELLANEOUS.
a. The descriptive paragraph headings of this Agreement are included for purposes of convenience only and shall not control or affect the construction of interpretation of any of its provisions.
b. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa. c. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be

PROFESSIONAL SERVICES AGREEMENT NO. 4195

construed as if such invalid, illegal, or unenforceable provisions had never been contained herein.
d. The representations and warranties made by the parties to this Agreement shall survive the consummation of the transaction herein described.
e. This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the party whose signature appears in the facsimile and shall be binding upon such party in the same manner as though an originally signed copy had been delivered.
f. Each of the parties acknowledges that it has been represented by independent counsel of its own choosing, or if it has not been so represented, it has been admonished to obtain independent counsel and has freely and voluntarily waived and relinquished the right to counsel. Each party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such party’s failure to perform under this Agreement or any agreement referred to in this Agreement.

SECTION 22. NOTICE.

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

If to CITY: City of Montebello
Attn: Raul Alvarez, City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
Email: [email protected]
With a copy to: City of Montebello – Recreation & Community Services Attn: David Sosnowski, Director
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-4540
Email: [email protected]
If to Consultant: Citibot
Attn: Bratton Riley, Co-Founder & CEO
65 Gadsden St. Charleston, SC 29401
(843) 324-6167
Email: [email protected]
An electronic communication (“Electronic Notice”) shall be deemed written notice for purposes

PROFESSIONAL SERVICES AGREEMENT NO. 4195

of this section if sent to the electronic mail address specified above. Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form.

SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.

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

SECTION 24. CONFLICT OF INTEREST.

The CONSULTANT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by the CONSULTANT under this Agreement, or which would conflict in any manner with the performance of its services hereunder. The CONSULTANT further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it.

Furthermore, the CONSULTANT shall avoid the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this Agreement.

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

SECTION 25. ENTIRE AGREEMENT.

This Agreement contains the entire understanding between the CITY and the CONSULTANT.

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

PROFESSIONAL SERVICES AGREEMENT NO. 4195

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

CITY OF MONTEBELLO CITIBOT
Raul Alvarez, City Manager Bratton Riley, Co-Founder + CEO ATTEST:

Christopher Jimenez, City Clerk
APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City Attorney
EXHIBITS:
• Exhibit A – Scope of Work

EXHIBIT “A”
Scope of Work

Exhibit “B”
Schedule of Compensation

The Citibot Communication Platform provides AI-based chat solutions for residents and their governments for efficient and timely communication. Using text messaging (SMS) and web chat technology, the Citibot Communication Platform automates customer service and increases citizen engagement — building relationships of trust between Montebello and its residents.

Citibot Communication Platform
● Interactive Web Chat
○ Automated, fully integrated web assistant that interacts with web visitors, providing a conversational customer service experience through the Montebello website
○ Residents can submit a service request, ask a question, find information, and send a direct message into staff workflow 24/7
Implementation
● Citibot Installation: Citibot to provide and activate Citibot phone number, install Citibot products via the cloud, set up the cloud storage, and facilitate training with Montebello staff.
● CRM Integration: If requested, Citibot can integrate into the City CRM or Service request Management System
Reporting & Analytics
● Citibot to set up a Citibot Analytic Dashboard for Montebello to use as a real-time decision-making tool. As questions come in and issues are reported, Citibot analytics store the information, aggregate the information, and display the data in a user-friendly format.
● The data is stored in a secured cloud storage system indefinitely or as per state Freedom of Information Act Requirements mandate.
● Client to receive monthly reports via email from Citibot staff.

Montebello, CA
February 21, 2024

ATTACHMENT B

Marketing Services
● Onboarding packet includes Web Chat icon design, graphic design and copy for social campaign outreach for initial launch
● Press release for client to distribute announcing partnership and new service for residents
● Continued digital marketing support post-launch, including social media content and design
Other Ongoing Services
● Includes post-installation maintenance, hosting, support, integration management and software as a service (SaaS) management

CHAT SOLUTIONS FOR MODERN GOVERNMENT AND

CONNECTED COMMUNITIES
Pricing Year 1 Year 2 Year 3
Implementation Fees $5,000 $0 $0
Integration: Tyler
MyCivic
$6,000 $0 $0
Annual Subscription -
Web Chat
$8,000 $8,750 $9,500
Annual Subscription -
Multi-Language
Translation
$2,000 $2,300 $2,600
Annual Subscription
SMS Chat
$4,000 $4,750 $5,500
Annual SubscriptionFacebook MGR Chat
$4,000 $4,750 $5,500
Annual Subscription -
Instagram Chat
$4,000 $4,750 $5,500
Total Annual Costs $32,000 $25,300 $28,600

ITEM # 15

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager

BY: David Sosnowski, Director of Recreation and Community Services SUBJECT: APPROVE ISSUING REQUEST FOR PROPOSALS (RFP) NO. 24-19

FOR REPLACEMENT AND INSTALLATION OF TWO LED SIGNS
DATE: July 24, 2024
RECOMMENDATIONS:

It is recommended that the City Council:

1. Authorize issuing 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.

FISCAL IMPACT:

At the October 11, 2023, City Council meeting, the City entered into a Development Agreement with Clear Channel Outdoor, LLC. As part of this agreement, a one-time signing bonus totaling $80,000 was established and paid to the City. These funds were intended to be allocated toward the revitalization of City-owned LED signs. Staff have identified two LED signs in most need for replacement - one located at City Park and the other located at the Montebello Civic Center. If the cost for the LED sign projects exceeds the previously identified funding, City staff would return to the City Council to request the necessary appropriations to complete the project.

BACKGROUND/DISCUSSION:

The City is seeking a qualified vendor to complete the removal of two existing, inoperable LED sign cabinets (one at City Park and the other at the Civic Center) and their respective pole covers. The awarded vendor will be tasked to design and install new pole cover

CITY COUNCIL AGENDA REPORT - MEETING OF JULY 24, 2024

wraps and double-sided message unit cabinets with a design that complements the surrounding esthetics of the site and incorporates the City brand. The selected vendor will additionally create and install the necessary software and provide training to City staff on how to operate the messaging functions of the new LED sign cabinets.

Once in operation, these LED signs will improve the City’s communication efforts by adding a new format for mass messaging and further allow the City to continue its commitment to sustainability and technological advancement. By investing in this modern signage solution for these two important locations, the City aims to demonstrate its proactive approach to infrastructure modernization, community engagement, and support for local commerce while effectively reaching larger quantities of residents and visitors.

ENVIRONMENTAL:

N/A
ANALYSIS:

N/A
SUMMARY:

Staff recommends the City Council authorize the issuance of RFP 24-19 for the replacement and installation of two LED signs – one located at City Park and the other located at the Montebello Civic Center.

ATTACHMENT(S)

1. RFP 24-19 - Installation of two (2) LED signs July 2024

1 CITY OF MONTEBELLO
Request for Proposals
RFP No. 24 – 19
Installation Of Two (2) New LED Signs
Release Date: Thursday, July 25, 2024
Questions Due: Wednesday, August 21, 2024, at 11 a.m. PDT Due Date: Monday, September 2, 2024, at 11 a.m. PDT

2 [THIS PAGE IS INTENTIONALLY LEFT BLANK]

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

DATE OF SOLICITATION
June 27, 2024

PROJECT
Installation of two LED signs.

PROPOSAL OWNER
City of Montebello – Department of Finance
1600 West Beverly Boulevard
Montebello, CA 90640
Attn: Michael Solorza, Director of Finance
Contact Phone: (323) 887-1200
Contact E-Mail: [email protected]

PROPOSAL CONTACT
City of Montebello – Department of Parks and Recreation 1600 West Beverly Boulevard
Montebello, CA 90640
Attn: David Sosnowski, Director of Parks and Recreation Contact Phone: (323) 887- 1200
Contact E-Mail: [email protected]
Any questions about this RFP should be submitted via the City's PlanetBids Portal by Wednesday, July 17, 2024, at 11:00 a.m. PST. Prospective vendors must register their business with PlanetBids before being able to view or submit a response. To access the City's PlanetBids Portal, please go to:
https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839

4 Table of Contents Page

1.0 Notice Inviting Proposals 5

2.0 Introduction/About the City of Montebello 6

3.0 Timeline 6

4.0 Purpose 6

5.0 Scope of Work 7

6.0 Vendor Qualifications 9

7.0 Proposal Submittal 9

8.0 Evaluation of Proposal 10

9.0 Proposal Protests 10

10.0 Execution of Agreement 12

11.0 Insurance 12

12.0 Use of Federal Funds 14

13.0 Non-Commitment of City 15

14.0 Labor Requirements 15

15.0 Records 16

16.0 Subcontractors 16

17.0 Modifications/Changes 16

18.0 Disclosure of Information 16

19.0 Ex-Parte Communications 16

20.0 City of Montebello Rights 17
Appendix A – Proposal Content and Format
Appendix B – Sample Professional Services Agreement
Appendix C – Cost Proposal
Appendix D – References

5 1.0 Notice Inviting Proposals
The City of Montebello seeks proposals from qualified vendors to provide the installation of (2) two new LED signs following the specifications, terms, and conditions identified in this RFP. Prospective respondents are advised to carefully read information related to this opportunity before submitting a response.

To view the complete RFP package, please visit:
https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839 Prospective vendors must register with PlanetBids before being able to view or submit a response.

Questions must be submitted by Wednesday, August 14, 2024, at 11:00 a.m. PST. *****QUESTIONS MUST BE SUBMITTED VIA PLANETBIDS*****
Proposals must be submitted via PlanetBids by Monday, September 2, 2024, at 11:00 a.m. PST.

Responses will be evaluated to determine the vendor that is the most qualified and responsive to the requirements. Responses must adhere to the format and content described. The City reserves the right to accept or reject any and all proposals.

6 2.0 Introduction
The City of Montebello invites prospective vendors to submit a proposal to provide the installation of two (2) new LED signs. The city is seeking a vendor to remove and dispose of two (2) existing LED cabinet messaging units and pole covers. The city would like a new design and installation of a new pole cover wrap and double-sided messaging unit cabinets with the City brand. The goal is to improve communication and provide valuable information to residents, visitors, and business owners promptly.

The City will also require the selected vendor to provide training to city staff on the operation of newly installed LED signs.

About the City of Montebello
Montebello ("beautiful mountain" in Spanish and Italian) is a city in the County of Los Angeles. Founded in 1899 and incorporated in 1920, the City is an 8.37 square mile General Law City located east of Downtown Los Angeles. Currently, the City has a population of approximately 63,000 residents. It hosts a mix of various industries that represent the business diversity of the County of Los Angeles. It is a full-service City that provides a long list of services, employing approximately 600 full-time and part-time employees in public safety, transit, and non-safety functions.

3.0 Timeline
• Release RFP Thursday, July 25, 2024
• Online Q&A Deadline Wednesday, August 14, 2024,11 a.m. PDT • Deadline to Submit Responses Monday, September 2, 2024, at 11 a.m. PDT • City Review of Submissions Early/Mid-September 2024
• Notifications Sent to Vendors Early/Mid-October 2024
• Award October 2024

4.0 Purpose
The purpose of this solicitation is to identify a qualified vendor to assist the City with removing and disposing of two (2) LED signs as well as installing new LED signs.

The Montebello Civic Center and Montebello City Park are the locations of 3’ 8” x 10’ LED signs atop 7’ x 2’ 9” tall poles that have been inoperable for nearly 10 years. Above the LED sign cabinets are 10’ x 4’ 1” header panels that carry the City’s old brand and the location name of each specific sign. Prior to their inoperable status, these signs served as an important means of providing communication outlet to provide important information from the City during both the day and night to residents, business owners, and visitors along major thoroughfares within the City – Beverly Boulevard and Whittier Boulevard. Moreover, these LED signs allowed City staff to share messaging regarding

7 City events, Community meetings, and more with members of the public that do have contact with the City’s other communication outlets on social media, print newsletter, etc.

To revitalize these important communication platforms and allow City staff to begin utilizing them to share information with the public, new LED signs are requested to be installed. In addition to elevating communication, the new LED signs will align with Montebello's commitment to sustainability and technological advancement. LED technology is known for its energy efficiency, which will help reduce the city’s carbon footprint and lower long-term operational costs compared to traditional signage.

By investing in this modern signage solution for these two important City locations, Montebello aims to demonstrate its proactive approach to infrastructure modernization, community engagement, and support for local commerce, contributing to the City’s growth and prosperity.

The City is seeking to establish an agreement with a minimum term of three (3) years with up to two (2), year extension options for a total of up to five (5) years. This requirement may change during the process of finalizing the agreement with the selected vendor.

5.0 Scope of Work/Services
The City of Montebello is requesting proposals from qualified vendors capable of providing well-versed experience in removal, disposal, installation, and training of use for two (2) new LED signs.

The vendor awarded for the services through this RFP shall be required to provide the following:

The selected vendor will remove and dispose of two (2) existing LED cabinet messaging units and pole covers, design and install a new pole cover wrap and doubled-sided messaging unit cabinets with aesthetics that complement the surrounding aesthetics and City brand, create and install the necessary software, and provide City of Montebello staff training to operate messaging functions for the LED sign cabinets.

Additionally, the LED sign cabinet messaging units will meet the specifications of

6.667mm per LED panel and a brightness of 8,000 NITs per LED panel and include a 10-year warranty on all parts.

8 Additionally, the vendor will also design and install a header roughly 10’ x 4’ 1” above the LED sign cabinet that encompasses the City’s new brand and fits appropriately within the aesthetics of the area.

Potential Bidders are advised to visit the two (2) locations below at their own time and discretion.

Location 1- Outside City Hall (1600 W. BEVERLY BLVD MONTEBELLO, CA 90640)

9 Location 2- Montebello City Park (1301 W. WHITTIER BLVD MONTEBELLO, CA 90640)

6.0 Vendor Qualifications
The selected vendor must have the following minimum qualifications:

A. The proposer must possess a Electronic Sign Contractor’s License – C-45 B. Obtain a Business License by the City of Montebello
Background Check
Vendor representatives working on-site and in some remote capacities, will be required to undergo a background check conducted by the City.

7.0 Proposal submittal
Please review Appendix A - Proposal Format and Content, attached hereto and incorporated herein by this reference, for specific details regarding the information that needs to be included in your submission. Failure to provide all requested information may be considered “non-responsive” and rejected.

Responses to this RFP must be submitted electronically via the City’s PlanetBids Portal by the deadline. Any responses transmitted and/or time-stamped after the deadline will

10 not be accepted. Vendors planning to submit responses to this request are highly encouraged to submit all documentation before the deadline to avoid technical difficulties/errors.

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

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

B. Proposal Evaluation - In the second part of this process, the evaluation committee will review and rate proposals using a combined score based on the following:
i. Qualifications as they relate to this project - 30%
a. Thoroughness and understanding of the tasks to be completed b. Background and experience
c. Knowledge of the City of Montebello and incorporation of City brand into design
d. Experience of personnel assigned to the work
e. Communication Skills
ii. Reputation for integrity and competence – 10%
a. Positive Reference Checks
b. Work Samples
iii. Proposed fees for services – 60%

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

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

11 A. The protest must be submitted in writing within the specified time frame (no later than ten (10) working days prior to a proposal opening). All protests must be filed with the Director of Finance for determination. Protest must be submitted to the Director of Finance by mail or e-mail within the specified time frame. Protests can be sent to:

Mail:

Michael Solorza, Director of Finance
City of Montebello
Attn: Department of Finance
1600 W. Beverly Blvd
Montebello, CA 90640
or
E-mail:
[email protected]
B. The protest must contain factual and legal reason(s) and should recommend a proposed remedy. Nevertheless, it should be noted that the City reserves the right not to implement the proposed remedy but to offer alternative solutions where applicable.

C. Where appropriate, the City will hold an informal conference on the merits of a protest with all interested parties allowed to attend. Interested parties may include all proposers, subcontractors, or suppliers, provided they have a substantial economic interest in a portion of the RFP.

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

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

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

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

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

10.0 Execution of Agreement
The resulting agreement (see attached sample Appendix B) shall be signed by the successful Vendor and returned within the required insurance within ten (10) business days after the City has provided written notice that the Vendor has been awarded.

Failure to execute the agreement and file acceptable insurance documents as provided herein shall cause, at the City's option, for annulment of the award. Please review the insurance requirements and indemnification clause in the attached sample agreement.

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

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

A. Commercial General Liability
Commercial General Liability (CGL) (equivalent in coverage scope to Insurance Services Office, Inc. Form CG 00 01) shall cover on an “occurrence” basis for bodily injury and property damage, including premise-operations, products-completed, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury, and advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate.

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

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

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

C. Professional Liability or Errors and Omissions
Depending on the work or services to be performed, professional liability or errors and omissions liability insurance may be required. The City will require the vendor to provide professional liability or errors and omissions liability insurance in an amount not less than $2,000,000 per occurrence or claim, $4,000,000 aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability.

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

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

City of Montebello
1600 West Beverly Boulevard
Montebello, CA 90640
Endorsements (if requested)
In addition to the Certificate of Insurance, the vendor must provide the following endorsements:

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

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

Primary, non-contributory coverage endorsements. The general liability and professional liability (if required) policies must be endorsed to provide that each

14 policy shall apply on a primary, non-contributing basis with any insurance or selfinsurance, primary or excess, maintained by or available to the City or its officials, employees, and agents.

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

In general, any contract deemed sole source, professional/professional services, involves the disclosure of proprietary information, and/or a public works project may require revisions to the City's standard insurance requirements. Any revisions to the insurance requirements will be identified within the associated service contract terms and conditions.

Vendors may request a waiver or modification of these insurance requirements. Waiver or modification requests must be submitted in writing. The request should state the specific insurance requirement that is being considered for waiver or modification and provide a brief explanation for the request. Requests will be reviewed on a case-bycase basis, and the decision will ultimately depend on the scope of services. The final decision to approve or deny a request will be at the City's legal authority and/or an authorized designee's discretion.

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

The following standards apply to all purchases of items and services using Federal funds:
• Transactions shall be conducted lawfully and ethically • Unnecessary/duplicative purchases are not permitted
• Utilizing a vendor or supplier on the U.S. Federal Government's Debarred and Suspended List (available at SAM.gov) is prohibited
• All individuals involved in the expenditure of federal monies must avoid any actual or apparent conflict of interest

15 • Procurement transactions must be conducted in a manner providing full and open competition
• Opportunities should be provided to minority businesses, women's business enterprises, and labor surplus area firms when possible • Contracts and purchase orders should include the contract provisions required by 2 CFR 200 Appendix A
• Purchases of goods and services must include documentation detailing the procurement history
In addition to Federal standards, purchases must adhere to applicable local policies and procedures as defined in Montebello Municipal Code Chapters 3.20 and 3.21 and any relevant administrative policies. The most restrictive terms prevail when a conflict is present.

13.0 Non-Commitment of City
While the City intends to select a vendor through this process, this intention is subject to change at any time during the process. The City does not commit to awarding an agreement, paying any costs incurred in preparing the proposal for this request, and/or procuring or contracting any items or services.

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

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

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

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

16 15.0 Records
The vendor agrees to permit the City Manager or designee access to records, reports, files, and other papers or property of the Vendor to audit any performance aspect under this agreement.

16.0 Subcontractors
The vendor shall be responsible for all work performed under the final agreement and shall keep all work under his control. No portion of the work may be subcontracted without the prior written consent of the City. All subcontractors used on this work shall be under the direct supervision of the Vendor and shall be considered as their employees. Any approved subcontractors must provide insurance indemnifying the City with limits at or exceeding the limits of the Contractor's insurance.

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

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

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

19.0 Ex-Parte Communications
Vendor and vendor representatives should not engage in unauthorized communications with elected officials, officers, employees, or agents of the City about this RFP. This requirement also includes any evaluation panel member, except for designated RFP facilitators. This requirement remains in effect until after award notifications have been made.

This restriction does not prohibit vendors and their representatives from making oral

17 statements or presentations to City representatives during a scheduled public meeting.

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

A. Reject any and/or all proposals for no reason or any reason including, but not limited to, the following:
i. The proposal is incomplete, non-responsive, obscure, irregular, or lacking necessary detail and specificity.
ii. The Vendor, in the sole judgment of the City, lacks the qualifications, experience, and/or responsibility necessary to provide the services. iii. The Vendor failed or neglected to complete and submit any information within the time specified by the City and as may be otherwise required herein.

B. Reject any proposal that, in the opinion of the City, is so unbalanced in comparison to other proposals received and/or to the City’s internal estimates that it does not accurately reflect the cost to perform; C. Accept all or any part of a proposal;
D. Cancel the entire RFP;
E. Issue subsequent RFPs; or
F. Waive any errors or informalities in any proposal to the extent law permits.

Please review:

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

ITEM # 16

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: WAIVE THE SECOND READING AND ADOPTION 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 SECTION 17.62.105 ET SEQ. (OFF-PREMISES DIGITAL DISPLAY SIGNS), FOR THE
PROPERTY LOCATED AT 2601 VIA CAMPO, MONTEBELLO,

CALIFORNIA
DATE: July 24, 2024
RECOMMENDATIONS:

It is recommended that the City Council:

1. Waive Second Reading and Adopt 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, related action that may be desirable.

FISCAL IMPACT:

Pursuant to the Development Agreement, the City would receive the following public benefits from Premier Media Southwest LLC (the “Applicant”): 1) a one-time

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Development Agreement processing fee of $20,000; 2) an annual development fee of $90,000 for the first five years; 3) an annual development fee of $100,000 for years 6-10; 4) an annual development fee of $110,000 for years 11-15; 5) an annual development fee of $120,000 for years 16-20; and 6) guaranteed digital advertisement space on the New Digital Billboard for the purpose of posting public service announcements and Cityrelated advertisements or announcements at no charge to the City.

These public benefits will be new sources of General Fund revenue – one-time and ongoing annual revenue. The $90,000 annual fee, with subsequent increases every five years, will be ongoing revenue for the term of the Development Agreement, and will increase revenue in Fiscal Year 2024-25, and those funds will be available for typical General Fund operating uses. Going forward, subsequent budgets will be built using the additional annual revenue pursuant to the Development Agreement.

BACKGROUND/DISCUSSION:

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

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 (please see 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

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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 (please see Attachment G) recommending the City Council approve Development Agreement No. 01-24 between Premier Media 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 for the property located at 2601 Via Campo, Montebello, California 90640.

On June 26, 2024, pursuant to Montebello Municipal Code Section 17.62.105 et seq. (Off-Premises Digital Display Signs), the City Council held a duly noticed public hearing and unanimously approved the first reading of Ordinance No. 2477 approving the 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 for the subject site.

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 for an exemption pursuant to Class 32 of CEQA Guidelines Section 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-faces 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”.

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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 Cal Pacific 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.

The 13 trees were identified as three distinct species: Canary Island Pine, Lemon Scented Gun, and Mexican Fan Palm were identifies 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.

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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 sign. 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 Vehicle Miles Traveled (“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 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

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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 noiserelated 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 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.

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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.

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 care 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 lessthan-significant impact related to localized emissions from construction activities.

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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 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

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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).

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 to obtain an Off-Premises Digital Display Sign Permit from the City of Montebello. According to the report, the visual simulations demonstrated that the

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proposed digital display sign 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 residential unit complex located approximately 0.08 mile (or 445 feet) north of the Project site, as shown in Figure 3 of the Via Campo Digital Billboard Class 32 CEQA Exemption Checklist (please see Attachment E). 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 (or 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 (or 1,054 feet), the height of the digital displays at 75-feet, 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 to 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.

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 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 footcandles at 250 feet. Light output from the proposed Project would not exceed 0.3 footcandles at 250 feet, as illustrated in the Light Study included as Figure 8 of the Via Campo

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Digital Billboard Class 32 CEQA Exemption Checklist (please see Attachment E).

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 OffPremises 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.

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

CITY COUNCIL AGENDA REPORT - MEETING OF JULY 24, 2024

Commercial. The City of Monterey Park is to the north of the property across the 60 freeway.

The following table includes the zoning/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:

Development Agreement
The State Legislature adopted the “Development Agreement Statute,” California Government Code Section 65864 et seq., 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

CITY COUNCIL AGENDA REPORT - MEETING OF JULY 24, 2024

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 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 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 of 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 its 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.”

CITY COUNCIL AGENDA REPORT - MEETING OF JULY 24, 2024

“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

ATTACHMENT(S)

1. Attachment A - Ordinance Development Agreement 2601 Via Campo

2. Attachment B - Development Agreement 2601 Via Campo

3. Attachment C - Conceptual Rendering

4. Attachment D - Tree and Arborist Report

5. Attachment E - Via Campo Billboard_Class 32_Admin

6. Attachment F - CEQA NOE - 2601 Via Campo

7. Attachment G - Planning Commission Resolution No. 04-24 (fully executed)

ATTACHMENT 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 offpremise 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;

Ordinance No.

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.

Ordinance No.

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:

Ordinance No.

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

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________________
Christopher Jimenez, City Clerk

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)

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

Tree Survey and Arborist Report

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, butseveral treesshow 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, 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.

Tree Survey and Arborist Report

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.

Tree Survey and Arborist Report

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.

Tree Survey and Arborist Report

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.

Tree Survey and Arborist Report

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.

Tree Survey and Arborist Report

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, walkways, 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.

Tree Survey and Arborist Report

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-ofway 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. The 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

Tree Survey and Arborist Report

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 safe 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. CPSC cannot, therefore, accept any liability in connection with these factors, or where prescribed work 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 tree 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.

Tree Survey and Arborist Report

SECTION 3: SUBJECT TREES AND OBSERVATIONS
During the site survey, specific 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.

Tree Survey and Arborist Report

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

Tree Survey and Arborist Report

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).

Tree Survey and Arborist Report

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).

Tree Survey and Arborist Report

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).

Tree Survey and Arborist Report

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).

Tree Survey and Arborist Report

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, butseveral treesshow 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

Tree Survey and Arborist Report

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.

Tree Survey and Arborist Report

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

Tree Survey and Arborist Report

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-nativetree-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

Tree Survey and Arborist Report

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)
1st Health Structure Risk Recommendation
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

Tree Survey and Arborist Report

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

Tree Survey and Arborist Report

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 arborist, 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.

Tree Survey and Arborist Report

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 water 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.

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

Via Campo Digital Billboard
City of Montebello Class 32 CEQA Exemption Checklist
i
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

Via Campo Digital Billboard
City of Montebello Class 32 CEQA Exemption Checklist
ii
APPENDIX D CONSTRUCTION AIR QUALITY EMISSION SUMMARY FOR THE 2601 VIA CAMPO DIGITAL BILLBOARD

PROJECT

Via Campo Digital Billboard
City of Montebello Class 32 CEQA Exemption Checklist
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

Via Campo Digital Billboard
City of Montebello Class 32 CEQA Exemption Checklist

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 document 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 utilities 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 (PDFs) 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.