Montebello City Council
September 25, 2024

CITY OF MONTEBELLO

CITY COUNCIL

REGULAR MEETING

WEDNESDAY, SEPTEMBER 25, 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
Director of Transportation
Arlene Salazar
Fernando Pelaez
Paul Espinosa
Michael Solorza
Ramon Figueroa
Joseph Palombi
Cesar Roldan
David Sosnowski
John Soria

September 25, 2024: City Council Meeting Page 2 of 8

NOTICES
This City Council Meeting ("Council") will be held in person and will meet at City Hall – City Council Chambers, 1600 West Beverly Boulevard, Montebello, California. The meeting will be live streamed and can be watched on the City’s website and YouTube Channel via the following link: https://www.montebelloca.gov, and may also be viewed on Spectrum Public Access Channel 3 for all Spectrum cable subscribers.

AMERICANS WITH DISABILITIES ACT: In compliance with the Americans with Disabilities Act (ADA) any person with a disability who requires special accommodations in order to participate in a meeting should contact the Administration Office at (323) 887-1437 Monday-Thursday from 7:30 a.m.-5:30 p.m. Please call 48 hours prior to the meeting to ensure that reasonable arrangements can be made to provide accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II 1203). If you require translation services, please contact the City Clerk’s office 72 hours before this meeting. Si necesita servicios de traducción, comuníquese con la Oficina del Secretario Municipal 72 horas antes de esta reunión. 如果您需要翻译服务，请在会议前 72 小时联系市书记员办公室.

RULES OF DECORUM:

Pursuant to Section 54957.95 of the Government Code, the presiding member of the legislative body conducting a meeting, or their designee, is authorized to remove, or cause the removal of, an individual for disrupting the meeting.

Any such removal will be preceded by a warning to the disruptive individual by the presiding member of the legislative body or their designee that the individual’s behavior is disrupting the meeting and that the individual’s failure to promptly cease their disruptive behavior may result in their removal.

PUBLIC COMMENTS:

In-Person: For those interested in participating during the Public Comment period(s) or public testimony period for Public Hearings of the City Council meetings, you may address the City Council in person only the day of the meeting.

Speakers will be required to fill out a speaker card provided at the door and submit it to City Clerk staff prior to each Public Comment announcement period. Staff will number and call each speaker card in the order received. Closed Session begins at 6:00 p.m. and Regular Session begins immediately thereafter; if there is no Closed Session, Regular Session will begin at 6:00 p.m.

AGENDA MATERIALS: The agenda and/or agenda packet are available for public inspection at City’s website at:

Agendas, Minutes, and Videos,

September 25, 2024: City Council Meeting Page 3 of 8

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

THANK YOU FOR YOUR COOPERATION

OPENING CEREMONIES

CALL TO ORDER - 6:00 P.M.

ROLL CALL

ANNOUNCEMENT OF CLOSED SESSION ITEMS

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

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

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code section 54956.9(d)(1)
RZ Capital and Development LLC v. City of Montebello
Los Angeles County Superior Court Case No. 24STCP02676

REGULAR SESSION - IMMEDIATELY FOLLOWING CLOSED SESSION

CLOSED SESSION REPORT

INVOCATION

PLEDGE OF ALLEGIANCE

CORRECTIONS TO THE AGENDA - CITY MANAGER

CEREMONIAL ITEMS/PRESENTATIONS

2. CITIZEN OF THE MONTH - FRANK SALOMONE

3. PROCLAMATION FOR NATIONAL LATINO/A/E/X PHYSICIAN DAY

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

September 25, 2024: City Council Meeting Page 4 of 8

and City Council.

STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST

PUBLIC HEARING

4. INTRODUCE AND WAIVE FIRST READING OF ORDINANCE NO. 2479 AMENDING CHAPTER 8.40 OF THE

CITY OF MONTEBELLO MUNICIPAL CODE REGARDING REGISTRATION AND MAINTENANCE OF

VACANT AND ABANDONED COMMERCIAL, INDUSTRIAL, AND RESIDENTIAL PROPERTIES

RECOMMENDATION: It is recommended that the City Council:

1. Introduce and waive first reading of Ordinance No. 2479 amending Montebello Municipal Code (“MMC”) Chapter 8.40, establishing new regulations regarding the registration and maintenance of vacant and abandoned commercial, industrial, and residential properties; and

2. Determine and find that this action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), the “Common Sense” exemption, and is not considered a “project” under CEQA Guidelines Section 15378 as 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; and

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

5. CONSIDER APPEAL OF DECISION TO REVOKE BUSINESS LICENSE NO. 10707651 ISSUED TO A & T PALLETS, INC.

RECOMMENDATION: It is recommended that the City Council:

1. Consider the Appeal by A & T Pallets regarding the revocation of their business license based on the facts and evidence presented by both City staff and the appellant; and

2. Review the history of complaints and compliance efforts related to A & T Pallets’ operations; and

3. Determine whether to uphold, modify, or overturn the decision to revoke the business license; and

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

REGULAR BUSINESS - NONE

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

6. ADOPT RESOLUTION NO. 24-71 AMENDING THE CONFLICT OF INTEREST CODE BY RESCINDING AND REPLACING RESOLUTION 22-04 REVISING THE LIST OF DESIGNATED POSITIONS REQUIRED TO FILE PERIODIC STATEMENTS OF ECONOMIC INTERESTS (FORM 700) AND THEIR DISCLOSURE

CATEGORIES

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No.24-71 rescinding and replacing Resolution No. 22-04, thereby updating the appendix to the local Conflict of Interest Code to revise the list of designated positions required to file Statements of Economic Interests (Form 700) and their disclosure categories; and

2. Direct the City Clerk's Office to file the 2024 Local Biennial Notice with the Fair Political Practices Commission (FPPC); and

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

September 25, 2024: City Council Meeting Page 5 of 8

7. APPROVE ISSUING REQUEST FOR PROPOSAL (RFP) NO. 25-01 FOR PROPOSITION 64 GRANT

PROJECT EVALUATOR SERVICES

RECOMMENDATION: It is recommended that the City Council:

1. Authorize issuing Request-for-Proposal (RFP) No. 25-01 for a Proposition 64 Grant Project Evaluator; and

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

8. AWARD A CONSTRUCTION CONTRACT TO ESTATE DESIGN AND CONSTRUCTION, INC. FOR THE DOG PARK AT ACUÑA PARK – CP 922

RECOMMENDATION: It is recommended that the City Council:

1. Award a construction contract to Estate Design and Construction, Inc. for the dog park at Acuña Park (CP 922) in the amount of $632,071 plus a 10% construction contingency of $63,207 for a total contract amount of $695,278; and

2. Amend the Fiscal Year 2024-25 budget by increasing appropriations by $695,278 in Account No. 100- 70-710-6040.10 (General Fund, Parks and Recreation, Recreation, Contract Services Outside Contracts) for the construction of the dog park; and

3. Authorize the City Clerk’s Office to release all-other bidders’ bonds; and

4. Authorize the City Manager to execute the construction contract agreement and all change orders in good faith; and

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

9. APPROVE ISSUING REQUEST FOR PROPOSALS (RFP) NO. 25-06 FOR ON-CALL ENGINEERING AND

ARCHITECTURAL SERVICES

RECOMMENDATION: It is recommended that the City Council:

1. Authorize staff to publish a Request for Proposal (RFP No. 25-06) to solicit proposals from qualified engineering and architectural firms for on-call engineering and architectural services; and,

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

10. APPROVE ISSUING REQUEST FOR PROPOSALS (RFP) NO. 25-04 FOR CITYWIDE CUSTODIAL SERVICES

RECOMMENDATION: It is recommended that the City Council:

1. Authorize issuing a Request for Proposals (RFP No. 25-04) for citywide custodial services; and

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

11. REJECT BIDS RECEIVED FOR CONSTRUCTION OF THE RIO HONDO RIVER ACCESS IMPROVEMENT PROJECT (CP 924) IN ACCORDANCE WITH PUBLIC CONTRACT CODE SECTION 22038(A)(1) AND

AUTHORIZE STAFF TO PROCEED WITH READVERTISING AND REBIDDING THE PROJECT

RECOMMENDATION: It is recommended that the City Council:

1. Reject all bids received for construction of the Rio Hondo River Access Improvement Project (CP 924) in accordance with Public Contract Code Section 22038(a)(1); and

2. Authorize staff to modify the project scope of work in conformance with all applicable engineering standards; and

3. Authorize staff to re-advertise the Notice Inviting Bid in accordance with Public Contract Code Section 22038(a)(1); and

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

12. APPROVE PROFESSIONAL SERVICES AGREEMENT NO. 4218 WITH NEOGOV FOR HUMAN RESOURCES

INFORMATION SOFTWARE SERVICES

RECOMMENDATION: It is recommended that the City Council:

September 25, 2024: City Council Meeting Page 6 of 8

1. Authorize the City Manager to execute a four (4) year Professional Services Agreement (No. 4218) with NEOGOV for Human Resources Information Software Services for a total not-to-exceed amount of $224,682 over the four (4) year term; and

2. Authorize the City Manager to execute Professional Services Agreement No. 4218; and

3. Approve an exception to procurement of the professional services through Montebello Municipal Code Section 3.21.025(B) - Conformance with Bidding Procedures; and,

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

13. APPROVE ISSUING REQUEST FOR PROPOSALS (RFP) NO. 25-02 FOR CITYWIDE GRANT WRITING

SERVICES

RECOMMENDATION: It is recommended that the City Council:

1. Approve issuing a Request for Proposal (RFP No. 25-02) to solicit proposals from qualified firms for citywide grant writing and management services; and,

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

14. APPROVE ISSUING REQUEST FOR PROPOSALS (RFP) NO. 25-05 FOR ON-CALL BUILDING PLAN

CHECK, BUILDING INSPECTION AND PLANNING CONSULTING SERVICES

RECOMMENDATION: It is recommended that the City Council:

1. Authorize issuing Request for Proposals (RFP) No. 25-05 for on-call building plan check, building inspections and planning consulting services; and

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

15. APPROVE AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT NO. 3826 WITH IBE DIGITAL FOR 24/7 IT HELP DESK SERVICES AND AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT NO. 3882 WITH IBE DIGITAL FOR PUBLIC SAFETY INFORMATION TECHNOLOGY STAFF

AUGMENTATION SERVICES

RECOMMENDATION: It is recommended that the City Council:

1. Approve Amendment No. 1 to Professional Services Agreement No. 3826 with IBE Digital for 24/7 IT Help Desk Services extending the term of services and amending the compensation related to the extension in the amount of $201,536; and

2. Approve Amendment No. 1 to Professional Services Agreement No. 3882 with IBE Digital for Public Safety Information Technology Staff Augmentation Services extending the term of services and amending the compensation related to the extension in the amount of $205,899; and

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

16. REJECT PROPOSALS RECEIVED FOR REQUEST FOR PROPOSALS (RFP) NO. 24-19 FOR INSTALLATION

OF TWO LED SIGNS AND AUTHORIZE STAFF TO PROCEED WITH ISSUING A NEW RFP

RECOMMENDATION: It is recommended that the City Council:

1. Reject proposals received for Request for Proposals (RFP) No. 24-19 for Installation of Two (2) New LED Signs in accordance with City Municipal Code Section 3.20.080; and

2. Authorize staff to modify the project scope of work and RFP; and

3. Authorize staff to issue an updated RFP; and

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

17. APPROVE ISSUING REQUEST FOR PROPOSALS (RFP) NO. 25-07 FOR MONTEBELLO POLICE TOWING

SERVICES

RECOMMENDATION: It is recommended that the City Council:

September 25, 2024: City Council Meeting Page 7 of 8

1. Authorize staff to issue Request for Proposal (RFP No. 25-07) to solicit proposals from qualified firms for Montebello Police towing services; and

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

18. APPROVAL OF MINUTES: AUGUST 14, 2024, CITY COUNCIL MEETING; AUGUST 28, 2024, CITY COUNCIL

MEETING

RECOMMENDATION: It is recommended that the City Council:

1. Approve said Minutes as is.

19. PAYMENT OF BILLS: ADOPT RESOLUTION NO. 24-75 APPROVING THE CITY WARRANT REGISTER OF DEMANDS DATED SEPTEMBER 25, 2024

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 24-75 approving the Warrant Register dated September 25, 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

1. Seek council consensus to give direction for the creation of a strike team to address the trash clean up along the 60 Freeway.

• 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 October 9, 2024, at 6:00 p.m., which can be live- streamed at https://www.montebelloca.gov (Click on Live Stream).

I, Kimberly Guillen, Senior Deputy City Clerk for the City of Montebello, hereby certify that a copy of this agenda has been posted on or before Sunday, September 22, 2024, no later than 6:00 p.m.

Kimberly Guillen, Senior Deputy City Clerk

September 25, 2024: City Council Meeting Page 8 of 8

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 # 4

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. 2479 AMENDING CHAPTER 8.40 OF THE CITY OF MONTEBELLO

MUNICIPAL CODE REGARDING REGISTRATION AND

MAINTENANCE OF VACANT AND ABANDONED COMMERCIAL,

INDUSTRIAL, AND RESIDENTIAL PROPERTIES

DATE: September 25, 2024

RECOMMENDATIONS:

It is recommended that the City Council:

1. Introduce and waive first reading of Ordinance No. 2479 amending Montebello Municipal Code (“MMC”) Chapter 8.40, establishing new regulations regarding the registration and maintenance of vacant and abandoned commercial, industrial, and residential properties; and

2. Determine and find that this action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), the “Common Sense” exemption, and is not considered a “project” under CEQA Guidelines Section 15378 as 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; and

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

FISCAL IMPACT:

The Ordinance would establish monitoring fees as part of the proposed monitoring program ranging from $500 to $1,000 per month for commercial vacant properties, and $100 per month for vacant residential properties with the potential for certain exemptions as described in the proposed Ordinance No. 2479 (Municipal Code Chapter 8.40.100(B)).

In addition, the existing registration fee of $120/year -- established by Resolution No. 09-

CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 25, 2024

58 -- will remain in effect.

When non-compliance occurs resulting in abatement, liens will be placed on properties allowing for eventual recovery of expenses related to those abatement efforts. The implementation of the abatement program will ensure that the City has the tools and resources needed to effectively monitor and regulate vacant properties Citywide to preserve the quality of life for residents and stakeholders within the City.

The proposed Ordinance is expected to incur costs related to the abatement of blighted properties, including dedicated staff time, cleanup and securing vacant properties, as well as monitoring and coordination for potential activation through economic development efforts. For example, a recent property requiring abatement incurred expenses of $52,000 for staff coordination, contract cleaning services, supplies, etc. Funding for abatement efforts that will be required per the proposed ordinance was not included in the Fiscal Year 2024-25 budget. If the municipal code is amended and the abatement program is put in place, then Staff will monitor the time and materials spent on the various abatement efforts. Staff will then return at a later point in the fiscal year to amend the FY 2024-25 budget if necessary to increase appropriations for the Community Development and Public Works Departments. In addition, future budgets will be built with sufficient funding for enforcement of the various abatement efforts. The registration and monitoring fees collected will help offset program related expenses.

BACKGROUND/DISCUSSION:

On March 25, 2009, the City Council approved Ordinance No. 2329 to address the maintenance and security concerns associated with abandoned and vacant properties and preserve the aesthetic appearance of Montebello. At the time, the City of Montebello faced a significant increase in foreclosures, resulting in numerous residential and commercial properties becoming neglected. The ordinance aimed to mitigate the impacts of blighted properties on neighborhood aesthetics, property values, and public safety. In summary, the ordinance requires property owners to register their properties with an annual registration fee of $120, which is valid for one calendar year (established by Resolution No. 09-58) The registration fee is due on or before January 1st each year and must be received no later than January 31st.

Since its adoption, the City has observed a continued rise in complaints related to abandoned and vacant properties. This trend has led to increased concerns about the negative effects on property values, health, safety, and the general welfare of the community. Additionally, many vacant properties throughout the City have remained poorly maintained, exacerbating blight issues and contributing to a decline in neighborhood aesthetics.

Per direction from the City Council, staff conducted a review of the current ordinance and identified areas where the existing regulations could be enhanced. Key issues include inadequate property security, frequent unauthorized access to vacant properties, accumulation of debris, and overgrown vegetation, all of which have been recurring problems. These conditions have also strained City resources, particularly within the Planning and Community Development Department - Code Enforcement Division and

CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 25, 2024

Public Works Department.

As part of this review, the proposed amendment seeks to implement more stringent maintenance and security requirements for abandoned properties as well as incentivize activation of vacant storefronts, ensuring these properties do not become public nuisances.

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 8.40 (Abandoned Property and Vacant Lots) 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 September 13, 2024, the Public Hearing Notice was published in the Daily Journal (Whittier Daily News) for the City Council.

ANALYSIS:

The presence of abandoned and vacant properties within the City of Montebello has contributed to neighborhood blight, decreased property values, and increased public safety concerns. The lack of adequate security and maintenance on these properties attracts unlawful activities such as trespassing, vandalism, and illegal dumping, which burdens City resources. These properties, often left unattended during lengthy foreclosure or default proceedings, become eyesores, and negatively affect the quality of life for surrounding residents.

The Abandoned Property and Vacant Lots Ordinance (Ordinance No. 2329), enacted on March 25, 2009, established a framework for registering and maintaining vacant and abandoned properties. This ordinance aims to reduce the negative impacts of such properties by holding owners accountable for their upkeep. Despite these measures, the City has observed ongoing issues, including insufficient compliance, recurring nuisances, and the use of abandoned properties for illegal activities.

CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 25, 2024

The proposed amendment to Municipal Code Chapter 8.40 et al seeks to, among other things, build upon the 2009 ordinance by further strengthening maintenance, security, and enforcement requirements for vacant lots and properties causing nuisances and blight in the community. The proposed Ordinance includes the following enhancements:

1. Mandatory Registration: All vacant and abandoned properties must be registered with the City, ensuring up-to-date contact information for responsible parties, which facilitates enforcement of maintenance and security requirements.

2. Enhanced Maintenance Requirements: Owners will be required to maintain vacant properties to neighborhood standards, including landscaping, debris removal, and addressing graffiti. For unimproved vacant lots and properties, landscaping plans will be required, providing aesthetic improvement to mitigate blight and enhance neighborhood appearance.

3. Improved Security Measures: Properties must be secured against unauthorized access through fencing, boarding of windows, or other security mechanisms.

Additionally, weekly inspections will be mandatory to ensure compliance, reducing opportunities for criminal activity.

4. Enforcement of Compliance: The ordinance allows for stricter penalties for non- compliance, including the placement of liens on properties to recover City-incurred abatement costs. This ensures that the City has the resources to address these issues without burdening taxpayers.

5. Collaboration with the City: Incentivize the activation of vacant commercial spaces by hosting pop-up events or attracting qualified temporary tenants by waiving monitoring fees and promoting economic development.

6. Establish a Monitoring Program: The fees associated with the monitoring program will include fees for commercial vacant properties ranging from $500 to $1000 per month, and fees for residential properties set at $100 per month. These fees would be charged to property owners for property that has been vacant for more than 90 days and which does not qualify for those exemptions listed in the proposed ordinance (see Section 8.40.120 of the proposed Ordinance, included under Attachment A). It is important to note that these fees were established based on a methodology that looked at dedicated staff time at fully burdened rates.

On September 3, 2024, as part of the City’s outreach efforts for this ordinance, the Economic Development Division presented the proposed ordinance modifications to the Montebello Chamber of Commerce's Economic Development Committee. The Committee expressed their support for the proposed revisions, recognizing its importance in addressing the challenges posed by vacant and abandoned properties in the City.

On September 17, 2024, the Planning Commission took action regarding Resolution No. 11-24 recommending that the City Council adopt an ordinance amending Chapter 8.40 of the Montebello Municipal Code related to the registration and maintenance of vacant and abandoned commercial, industrial, and residential properties. (Attachment B)

In recent years, the City has received increased complaints related to abandoned

CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 25, 2024

properties, including reports of illegal dumping, graffiti, and unkempt lots/properties, which diminish the aesthetics of neighborhoods and attract unwanted activities in addition to creating blight. As of September 10, 2024, the Code Enforcement division has documented a total of 32 vacant properties located within City boundaries. The proposed ordinance amendments will provide Code Enforcement and other departments with more effective tools to monitor, manage, and enforce the proper upkeep of these properties.

Research on Surrounding Cities’ Municipal Code

To understand how neighboring cities address the issue of abandoned and vacant lots and properties, City staff researched their municipal codes. Based on City staff findings, the following key points were identified:

1. City of Pico Rivera
The City of Pico Rivera, implemented an amendment aimed at updating and addressing property maintenance issues related to structures, landscaping, and parking area maintenance. The purpose of the amendment and the subsequent changes was to improve the overall quality of life for residents, business owners, and property owners in the City of Pico Rivera. This ordinance clarifies public nuisance definitions and adds property maintenance provisions to ensure properties are maintained to high standards, enhancing community beautification and promoting economic stability.

1. City of Rosemead
The City of Rosemead has an ordinance addressing vacant properties. This ordinance requires property owners to maintain vacant lots, whether improved or unimproved, in a clean and secure condition. Key provisions include landscaping, irrigation, fencing, and weekly inspections to ensure compliance. This ordinance aims to prevent neighborhood blight and protect public health, safety, and welfare by holding property owners accountable for the upkeep of vacant lots.

1. El Monte
The City of El Monte established a Vacant Building Security and Maintenance Program.

This ordinance requires owners to secure, maintain, and actively monitor vacant buildings or structures that have been unoccupied for more than 30 days. The ordinance includes specific maintenance provisions, such as landscaping, graffiti removal, and the boarding of windows and doors, aimed at preventing blight and ensuring that vacant properties do not become a nuisance to the surrounding community.

The table below provides a summary of the proposed changes to Municipal Code Chapter 8.40 et al:

CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 25, 2024

CURRENT ORDINANCE PROPOSED ORDINANCE
Vacant properties must be registered but
there are no specific timelines for
registration and maintenance.

Requires registration within 90 days of
a property becoming vacant or
abandoned, with mandatory
maintenance standards.

Limited maintenance requirements that do
not specify detailed security measures.

Introduces comprehensive
maintenance and security
requirements, including mandatory
fencing, weekly inspections, and
security patrols for properties vacant
over 180 days.

No specific penalties or monitoring
programs for non-compliance.

Implements a monitoring program with
fees, along with penalties for non-
compliance, and mandates regular
reporting and updates from property
owners.

Exemptions are vague and do not clearly
address temporary vacancies or properties
under development.

Clarifies exemptions for properties with
active permits, under
development, temporary vacancies, or
based on established criteria ensuring
they do not contribute to blight.

N/A
Incentivize the activation of vacant
commercial spaces by hosting pop-up
events or attracting qualified temporary
tents by waiving monitoring fees and
promoting economic development.

CLEAN Task Force
To enhance the City’s efforts in tackling abandoned properties and vacant lots, a new task force will be established. The CLEAN (City Leading Efforts Against Non- Compliance) Task Force will be a Citywide initiative focused on improving quality of life issues such as vacant property maintenance, illegal dumping, graffiti and homelessness.

It brings together multiple departments -- including Planning and Community Development (specifically Code Enforcement and Economic Development), Public Works, Fire (MCAP), and Police -- to collaborate and focus on eliminating blight and impacted areas resulting from vacant properties.

This initiative serves as a platform focusing on proactive management, ensuring compliance with city ordinances, maintaining public spaces, and enhancing security related to vacant properties. By implementing sustainable solutions and fostering

CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 25, 2024

interdepartmental cooperation, the CLEAN Task Force aims to create a cleaner and safer environment across Montebello, ensuring that each department plays a role in maintaining and improving the condition of vacant and abandoned properties. Through this coordinated approach, the CLEAN Task Force initiative highlights the City’s dedication to managing vacant and abandoned properties with a comprehensive, long- term strategy.

SUMMARY:

The proposed Text Code Amendment conforms with the Montebello General Plan as it will further address the maintenance of vacant and abandoned properties within the City.

The proposed amendments are aimed to prevent vacant properties from becoming sources of blight or safety hazards and to hold property owners accountable for the upkeep of vacant properties. Therefore, it is recommended the City Council adopt Ordinance No. 2479 amending Chapter 8.40 of the City of Montebello Municipal Code (MMC) regarding new regulations associated with the registration and maintenance of vacant and abandoned commercial, industrial, and residential properties and creating new monitoring fees as provided in Attachment A, attached hereto and incorporated by reference, by adding text shown in underline (example) and deleting the text shown in strikeout (example).

ATTACHMENT(S)

1. Attachment A - Ordinance -Vacant and Abandoned Properties

2. Attachment B - PC Resolution 11-24

3. Attachment C - Public Hearing Notice - Vacant Property Registration Ordinance -

09.25.2024

ORDINANCE NO. 2479

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MONTEBELLO, CALIFORNIA, AMENDING CHAPTER 8.40 OF THE

MONTEBELLO MUNICIPAL CODE REGARDING REGISTRATION AND

MAINTENANCE OF VACANT AND ABANDONED COMMERCIAL,

INDUSTRIAL, AND RESIDENTIAL PROPERTIES
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, on April 8, 2009 the City Council adopted Ordinance No. 2329 adding Chapter 8.40 to the Montebello Municipal Code (“MMC”) to address the issue of abandoned or vacant properties to protect the City and its citizens from urban blight and ensure the security and maintenance of such abandoned or vacant properties; and WHEREAS, the City Council desires to amend Chapter 8.40 of the MMC to further address issues related to abandoned or vacated commercial properties , add additional requirements for security and registration, and create a monitoring program to ensure compliance with these regulations; and
WHEREAS, the City Council desires to amend the MMC pursuant to this Ordinance to preserve and protect the public peace, health safety and welfare; 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 hereby incorporated into this Ordinance.

SECTION 2. AMENDMENT. Chapter 8.40 of the Montebello Municipal Code is hereby amended to read as follows (deletions in strikethrough and additions in double underline):

ORDINANCE NO. 2479

Chapter 8.40 REGISTRATION AND MAINTENANCE OF VACANT AND

ABANDONED COMMERCIAL, INDUSTRIAL, AND RESIDENTIAL

PROPERTIESY AND VACANT LOTS
Sections:

8.40.010 Purpose/Sscope.

It is the purpose and intent of the Montebello City Council, through the adoption of this chapter, and subsequent amendments, to establish a vacant property registration and mandatory maintenance program as a mechanism to protect neighborhoods from becoming blighted through the lack of adequate maintenance and security of abandoned and/or vacant properties. This chapter is intended to apply to abandoned and/or vacant property located within the City of Montebello.
(Ord. No. 2329, § 1, 4-8-2009)

8.40.020 Definitions.

For the purposes of this chapter, certain words and phrases used in this chapter are defined as follows:
"Abandoned" means real property that is vacant for more than 90-days including propertiesand is under a current notice of default and/or notice of trustee's sale, pending tax assessors lien sale and/or a property that has been the subject of a foreclosure sale where the title was retained by the beneficiary of a deed of trust involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure/sale and/or is unoccupied and has existing code violations.
"Accessible property" means a property that is accessible through a compromised or breached gate, fence, wall etc.
"Accessible structure" means a structure/building that is unsecured and/or breached in such a way as to allow access to the interior space by unauthorized persons. "Accessory dwelling unit" means an independent dwelling unit located in any of the residential zones, and in the case of single -family zoning districts (R-1 and R-A zones), on a lot that has only one previously -existing single -family dwelling unit prior to the addition of the accessory dwelling unit which is smaller than and visually subordinate to the previously existing single -family dwelling unit, and which may be an internal remodeling of, or attached to or detached from the previously existing single -family dwelling unit. Accessory dwelling units may also be referred to as "second dwelling units" within this title, and both terms may be used interchangeably herein. "Agreement" means any agreement or written instrument, which provides that title to residential property, shall be transferred or conveyed from one owner to another owner after the sale, trade, transfer or exchange.

"Assignment of rents" means an instrument that transfers the beneficial interest under a deed of trust from one lender/entity to another. "Beneficiary" means a lender under a note secured by a deed of trust. “Blight” means a physical space or structure that is no longer in acceptable or beneficial condition to its community, and which may cause undue hardships, a nuisance, or an erosion of the quality of life to the surrounding area. "Buyer" means any person, co-partnership, association, corporation, or fiduciary who agrees to transfer anything of value in consideration for property described in an agreement of sale, as defined in this subsection.
"Days" means consecutive calendar days.
"Deed of trustTrust" means an instrument by which title to real estate is transferred to a third partythird-party trustee as security for a real estate loan. In California, a deed of trust is used instead of a mortgage. This definition applies to any and all subsequent deeds of trust (i.e.: 2nd trust deed, 3rd trust deed, etc.). "Deed in lieu of foreclosure/sale" means a recorded document that transfers ownership of a property from the trustor to the holder of a deed of trust upon consent of the beneficiary of the deed of trust.
"Default" means the failure to fulfill a contractual obligation, monetary or conditional. “Department” means the Planning and Community Development Department. “Director” means the Director of Planning and Community Development. "Distressed" means a property that is under a current notice of default and/or notice of trustee's sale and/or pending tax assessor's lien sale or has been foreclosed upon by the trustee or has been conveyed to the beneficiary/trustee via a deed in lieu of foreclosure/sale.
"Evidence of vacancy" means any condition that on its own, or combined with other conditions present would lead a reasonable person to believe that the property is vacant.

Such conditions include, but are not limited to, overgrown and/or dead vegetation, accumulation of newspapers, circulars, flyers and/or mail, past due utility notices and/or disconnected utilities, accumulation of trash, junk and/or debris, the absence of window coverings such as curtains, blinds and/or shutters, the absence of furnishing s and/or personal items consistent with residential habitation, statements by neighbors, passersby, delivery agents, government employees that the property is vacant. "Foreclosure" means the process by which a property, placed as security for a real estate loan, is sold at auction to satisfy the debt if the trustor (borrower) defaults. "Local" means within forty road/driving miles distance of the subject property. "Multiple-family dwelling" means two or more dwelling units, each of which is attached side to side, each one sharing common wall(s) with the other(s), and each containing only one kitchen.
"Neighborhood standard" means those conditions that are present on a simple majority of properties within a three -hundred-foot radius of an individual property. A

property that is the subject of a neighborhood standard comparison, or any other abandoned property within the three hundred-foot radius, shall not be counted toward the simple majority.
"Notice of default" means a recorded notice that a default has occurred under a deed of trust and that the beneficiary intends to proceed with a trustee's sale. "Out of area" means in excess of forty road/driving miles distance of the subject property.
"Owner" means any person, co -partnership, association, corporation, or fiduciary having a legal or equitable title or any interest in any real property. "Owner of record" means the person having recorded title to the property at any given point in time the record is provided by the Los Angeles County Recorders Office. "Property" means any unimproved or improved real property, or portion thereof, situated in the city City and includes the buildings or structures located on the property regardless of condition.
"Residential property" means any improved real property, or portion thereof, situated in the cityCity, designed or permitted to be used for dwelling purposes, and shall include the buildings and structures located on such improved real property. This includes any real property being offered for sale, trade, transfer, or exchange as "residential" whether or not it is legally permitted and/or zoned for such use. "Securing" means such measures as may be directed by the city City managerManager, or his or her designee that assist in rendering the property inaccessible to unauthorized persons, including but not limited to the repairing of fences and walls, chaining/pad locking of gates, the repair or boarding of doors, windows and/or other openings. Boarding shall be completed to a minimum of the current HUD securing standards at the time the boarding is completed or required. "Trustee" means the person, firm or corporation holding a deed of trust on a property. "Trustor" means a borrower under a deed of trust, who deeds property to a trustee as security for the payment of a debt.
"Vacant" means a building, structure, or real property that is not legally occupied. (Ord. No. 2329, § 1, 4-8-2009)

8.40.030 Maintenance of unimproved vacant lots.

Lots that are unimproved due to never having been developed or having become vacant subsequent to the removal of any pre-existing buildings, structures or impervious surfaces shall be subject to the approval of a landscape and irrigation plan by the planning division and shall be improved and maintained at all times in accordance with the following provisions:

A. Lots less than one acre. For unimproved vacant lots that are less than one acre in size, the entire lot shall be improved and maintained in the following manner:

1. For residentially zoned lots, the entire lot shall be maintained using sod, hydro-seed, drought tolerant ground cover or other acceptable ground cover approved by the planning division. The ground cover shall be maintained in good condition at all times.

2. For commercial or industrial zoned lots, a minimum ten-foot wide perimeter landscape planter along all street frontages shall be provided and regularly maintained. All other internal areas may be landscaped or include a decorative hardscape subject to the approval of the planning division.

3. The lot shall be improved with an irrigation system and maintained in good condition at all times.

4. The lot shall be maintained free of litter and debris, including the stockpiling of any material at all times. Any on-site litter, debris or stockpiling of material shall be immediately removed. The property owner shall be responsible for inspecting the property weekly, or taking all necessary steps to reasonably ensure that no litter, debris or material stockpiling collects or is maintained on the lot.

5. Any dead or dying vegetation as well as any broken, malfunctioning or non- functioning irrigation components on the lot shall be replaced within seventy-two hours of their discovery. The property owner shall be responsible for inspecting the property weekly, or taking all necessary steps to reasonably ensure that there is no dead or dying vegetation or any broken, malfunctioning or non-functioning irrigation components on the lot.

6. Signage with contact information for the property owner and/or property management company shall be posted at the subject site pursuant to review and approval of the planning division.

B. Lots one acre or greater. For unimproved vacant lots that are one acre or greater in size, the entire lot shall be improved and maintained in the following manner:

1. A minimum ten -foot wide perimeter landscape planter along all street frontages shall be provided.

2. All landscape planters shall be improved with an irrigation system and consist of decorative landscaping containing a combination of trees, shrubs, and groundcover, or other acceptable landscaping approved by the planning division. A landscape and irrigation plan shall be submitted to and approved by the planning division prior to implementation.

3. All on-site landscaping and irrigation shall be maintained in good condition at all times. Any dead or dying landscaping shall be replaced within seventy- two hours of their discovery, including any broken, malfunctioning or non - functioning irrigation components. The property owner shall be responsible for inspecting the property weekly, or taking all necessary steps to reasonably ensure that all of the landscaping and irrigation on the lot is maintained in good condition and there are no broken, malfunct ioning or non-functioning irrigation components on the lot.

4. A six-foot high decorative, view-obscuring fence shall be installed behind all required perimeter landscaping to secure the lot. If the property owner decides not to install the six -foot high view -obscuring fence, the entire lot shall be landscaped. In circumstances where the directorDirector of planning Planning and communityCommunity developmentDevelopment finds that a higher fence is warranted for adequate security of the site and/or because of usual topographical circumstances associated with the vac ant lot, a fence may be constructed up to a maximum of eight feet high. All fences shall include a security gate to provide accessibility to the lot for the police department or other emergency personnel. A security code for the gate shall be provided to t he police department upon installation and shall be kept up-to-date at all times.

5. Decorative view obscuring fencing may include redwood or cedar fencing, woodcrete, green vinyl chain-link fencing with a green windscreen securely attached, or any other durable, aesthetically attractive, material deemed acceptable by the planning divis ion. Green vinyl chain -link fencing with a green windscreen will not be permitted in residential or commercial zones or zones which abut residential or commercial zones, except as a temporary construction fence with the approval of planning division.

6. All fencing shall be maintained in good condition at all times. Any on -site graffiti shall be removed within twenty -four hours of its appearance. The property owner shall be responsible for inspecting the property weekly, or taking all necessary steps t o reasonably ensure that the entire lot is free from graffiti.

7. Signage with contact information for the property owner and/or property management company shall be posted at the subject site pursuant to review and approval of the planning division.
(Ord. No. 2329, § 1, 4-8-2009)

8.40.040 Maintenance of vacant property acquired by foreclosure.

Subject to certain amendments and additions as hereinafter set forth in this chapter, the cityCity council Council references California Civil Code Section 2929.3 which requires a legal owner to maintain vacant residential property purchased by that owner at a foreclosure sale or acquired by that owner through foreclosure under a mortgage or deed of trust.

The definition of "failure to maintain" as found in Civil Code Section 2929.3(a)(3)(b) is supplemented and clarified by referencing the conditions designated as public nuisances in Chapter [Section] 8.16.010 and the maintenance and security requirements of [Sections] 8.40.070 and 8.40.080 of the Montebello Municipal Code (Civil Code Section 2929.3(a)(3)(f)).
(Ord. No. 2329, § 1, 4-8-2009)

8.40.050 Recordation of transfer of loan/deed of trust/assignment of rents.

Within ten days of the purchase and/or transfer of a loan/deed of trust secured by property, the new beneficiary/trustee shall record with the Los Angeles County Recorders Office, an assignment of beneficial interest, or similar document, that lists the name of the corporation, and/or individual, the mailing address and contact phone number of the new beneficiary/trustee responsible for receiving payments associated with the loan/deed of trust.
(Ord. No. 2329, § 1, 4-8-2009)

8.40.060 Registration of vacant propertiesunder notice of default.

A. Property owner’s obligation to register vacant or abandoned commercial properties or storefronts. The owner of a vacant or abandoned commercial storefront shall, within ninety (90) days after it has become vacant or abandoned, register the property with the City on a prescribed form maintained by the Department. The completed form shall be filed with the Department’s Code Enforcement Division with the following information:

1. Describe the methods by which the owner has secured the vacant commercial property or storefront against unauthorized entry;

2. Provide contact information for the subject commercial property including, but not limited to, telephone number for the property owner and those responsible for maintaining the commercial property and/or storefront;

3. A description of the most recent authorized use of the commercial property and/or storefront;

4. Declare any future plans for the subject property, commercial use, or storefront; and

5. Provide such other information as the city may require.

B. Properties under notice of default.

Any beneficiary/trustee, who holds a deed of trust on a property located within the City of Montebello, shall perform an inspection of the property that is the security for the deed of trust, upon default by the trustor, prior to recording a notice of default with the Los Angeles County Recorders Office. If the property is found to be vacant or shows evidence of vacancy, it is, by this chapter, deemed abandoned and the beneficiary/trustee shall, within ten days of the inspection, register the property with the code enforcement division or his or her designee on forms provided by the cityCity.

If the property is occupied but remains in default it shall be inspected by the beneficiary/trustee, or his designee, monthly until (1) the trustee or other party remedies the default, or (2) it is found to be vacant or shows evidence of vacancy at which t ime it is deemed abandoned, and the trustee shall, within ten days of that inspection, register the property with the code enforcement division on forms provided by the cityCity.

The registration shall contain the name of the beneficiary/trustee (corporation or individual), the direct street/office mailing address of the beneficiary/trustee (no P.O. boxes), a direct contact name and phone number for the beneficiary/trustee and, in the case of a corporation or out of area beneficiary/trustee, the local property management

ORDINANCE NO. 2479

company responsible for the security, maintenance and marketing of the property.

Registration fees will not be prorated.

An annual registration fee shall accompany the registration form. The fee and registration shall be valid for the calendar year, or remaining portion of the calendar year, in which the registration was initially required. Subsequent registrations and fees are due January 1st of each year and must be received no later than January 31st of the year due.

This section shall also apply to properties that have been the subject of a foreclosure sale where the title was transferred to the beneficiary of a deed of trust involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure/sale.

Properties subject to this chapter shall remain under the annual registration requirement, security and maintenance standards of this section as long as they remain vacant.

Any person, firm, corporation or any other legal entity that has registered a property under this chapter must report any change of information contained in the registration within ten days of the change.
(Ord. No. 2329, § 1, 4-8-2009)

8.40.070 Maintenance requirements.

Properties subject to this section shall be:

A. Free from all conditions expressly designated as public nuisances in Chapter [Section] 8.16.010.

B. In a condition comparable to the neighborhood standards.

C. Shall comply with all of the landscape and irrigation requirements in Title 17 (Zoning Code) of the Montebello Municipal Code.

D. Pools and spas shall be kept in working order so the water remains clear and free of pollutants and debris or drained and kept dry. Properties with pools and/or spas must comply with the minimum security fencing requirements of the State of California.

Adherence to this section does not relieve the beneficiary/trustee or property owner of any obligations set forth in any covenants conditions and restrictions and/or home owners association rules and regulations which may apply to the property. (Ord. No. 2329, § 1, 4-8-2009)

8.40.080 Security requirements.

Properties subject to this section shall be maintained in a secure manner so as not to be accessible to unauthorized persons.

ORDINANCE NO. 2479

Secure manner includes, but is not limited to, the closure and locking of windows, doors (walk-through, sliding and garage) gates and any other opening of such size that it may allow any person including but not limited to a child to access the interior of the property and or structure(s). In the case of broken windows, securing means the re - glazing or boarding of the window immediately and within ten days the window shall be replaced.

If the property is owned by a corporation and/or out of area beneficiary/trustee/owner, a local property management company shall be contracted to perform weekly inspections to verify that the requirements of this section, and any other applicable laws, ar e being met.

The property shall be posted with the name and twenty -four-hour contact phone number of the local property management company. The posting shall be no less than eighteen inches × twenty-four inches and shall be of a font that is legible from a distance of forty-five feet and shall contain along with the name and twenty -four-hour contact number, the words "THIS PROPERTY MANAGED BY" and "TO REPORT PROBLEMS OR CONCERNS CALL." The posting shall be placed on the interior of a window facing the street to the front of the property so it is visible from the street, secured to the exterior of the building/structure facing the street to the front of the property so it is visible from the street or if no such area exists, or on a stake of sufficient size to support the posting in a location that is visual from the street to the front of the property but not readily accessible to vandals. Exterior posting must be constructed of, and printed with, weather resistant materials.

Security Patrol Services Required. In addition to all other requirements of this chapter, responsible parties of any real property, building, or structure (or portion thereof), that has been vacant for at least 180 consecutive calendar days shall provide security personnel (fully licensed, registered, and bonded as required by State and local law) as follows:

1. Security patrol services that drive by and inspect the real property for unlawful activity (including unauthorized entry) at least once every 12 hours if there have been less than three instances of graffiti, unauthorized entry, or other violations of this chapter in the preceding 90-day period;

2. On-site security services during the hours of 7:00 p.m. and 7:00 a.m. if there have been more than four instances of graffiti, unauthorized entry, or other violations of this chapter in the preceding 90-day period; or

3. On-site security services 24 hours per day, seven days per week if there have been more than five instances of graffiti, unauthorized entry, or other violations of this chapter in the preceding 90-day period.

The local property management company shall inspect the property on a weekly basis to determine if the property is in compliance with the requirements of this chapter.

ORDINANCE NO. 2479

(Ord. No. 2329, § 1, 4-8-2009)

8.40.090 Additional authority.

In addition to the enforcement remedies established in Chapters 1.12 and 1.14, the city City managerManager or his or her designee shall have the authority to require the beneficiary/trustee/owner and/or owner of record of any property affected by this section, to implement additional maintenance and/or security measures including, but not limited to, securing any/all door, window or other openings, installing additional security lighting, increasing on-site inspection frequency, employment of an on-site security guard or other measures as may be reasonably required to arrest the decline of the property. (Ord. No. 2329, § 1, 4-8-2009)

8.40.100 Fees and Registration.

The fee for registering vacant and/oran abandoned property shall be set by resolution of the City of Montebello City Council.

A. Registration

1. The registration and related fee shall be valid for the calendar year, or the remaining portion of the calendar year, in which registration was required. The registration fee shall not be prorated. Any subsequent registration fees shall be due on or before January 1 of each year and must be received by the City no later than January 31 of the year it is due.

2. The registration form shall be prepared and updated as needed by the Department and shall include:
a. The name, street address (P.O. Box is unacceptable), and mailing address for all beneficiaries and/or trustees.
b. Direct contact name, telephone number, and email address for the owner and responsible party managing the property or handling any legal proceedings.
c. The name, street address, telephone number and email address of the property management service responsible for security and maintenance of the real property including contact information for agents or representatives responsible for marketing the property. d. A statement of intent to address the following requests:
i. The expected period of vacancy;
ii. A detailed plan for the regular maintenance of the real property during the period of vacancy;
iii. A timetable for the lawful re -occupancy of the real property during the period of vacancy;
B. Monitoring Fees

ORDINANCE NO. 2479

1. The fees established for the monitoring program pursuant to the provisions of this chapter shall be separate and apart from, and in addition to, any registration fees or administrative penalties required or otherwise assessed pursuant to the provisions of this chapter.

2. Because of the potential economic and public health, welfare, and safety problems caused by vacant buildings/property, the City needs to monitor vacant buildings/properties, so that they do not become attractive nuisances, are not used by trespassers, are properly maintained both inside and outside, and do not become a blighting influence in the neighborhood or surrounding area. The primary responsibility for monitoring will be delegated to the Planning and Community Development Department, and will include participation from the fire department, police department, and public works department. There is a substantial cost to the City for monitoring vacant buildings/properties (whether or not those buildings are boarded up), which should be borne by the owners of said property. The fees for a monitoring program pursuant to the provisions of this chapter shall be separate from and in addition to any registration fees or administrative penalties required or otherwise assessed pursuant to this chapter.

3. Monitoring program fees established. The following fee schedule has been established to effectively manage and maintain an adequate and efficient monitoring program and task force to preserve public health and the economic vitality of the City:

Description Amount
Commercial Vacant Property
Monitoring Fee
$500 per month for the first six months
with the addition of $20.00 per month for
each additional month capping out at
$1,000.00 per month.

Residential Vacant Property
Monitoring Fee
$100.00 per month

4. Fee waiver. The Department may issue a fee waiver for any fees associated with the monitoring program, if any of the following activities are being conducted by existing ownership:
a. The vacant commercial space is activated with pop -up events, or qualified temporary tenants, subject to review and approval of the Planning Division, who operate from the vacant space for more than 25 percent of any calendar month.

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b. There are permitted on -going construction activities or improvements to the vacant property.
(Ord. No. 2329, § 1, 4-8-2009)

8.40.110 Monitoring program and purpose.

A. Vacant buildings and/or properties are a major cause and source of blight, especially when the owner of the subject property fails to maintain and manage existing structures and the property as a whole to ensure that it does not become a liability to t he surrounding area. Vacant buildings/properties often attract undesirable activity including unlawful activity which creates unsafe conditions and hazards for the surrounding properties. Vacant properties are often used as dumping grounds for junk and deb ris and are often overgrown with weeds and grass. Vacant buildings which are boarded up to prevent entry and other long-term vacancies discourage economic development and create challenges for appreciation of property values.

B. Monitoring program established. A program to monitor commercial properties is hereby established. The Director, or his or her designee, shall be responsible for establishing and implementing a coordinated monitoring program to ensure the provisions of the Montebello Municipal Code are enforced.

C. The monitoring program shall include a task force intended to establish an open line of communication between City departments and ownership to address all vacant building/commercial properties and/or storefronts that are in violation of this chapter, or which are deemed to be a blight to the community.

D. Monitoring program and task force duties. The Director, or his or her designee, has the duty and responsibility to do the following:

1. Inspect properties in the City to identify vacant commercial properties and/or storefronts.

2. Order vacant commercial buildings/properties to comply with this chapter and any other applicable code provisions.

3. Oversee the task force to ensure all respective City departments are engaged in efforts associated with the monitoring program and provide updates to the City Manager as needed.

4. Order vacant commercial properties and/or storefronts that are open and accessible to be secured against unlawful entry in accordance with this chapter.

5. Order the property on which the vacant commercial property and/or storefront is located to be properly maintained or clear of trash and debris.

6. Initiate enforcement proceedings against the owner of any vacant commercial building/property found to be in violation of this chapter or any other applicable code.

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7. Maintain surveillance over vacant commercial buildings/properties and/or storefronts so that timely code enforcement proceedings are commenced in the event the property becomes substandard or a nuisance.

8. Establish and enforce rules and regulations for the implementation and compliance with this chapter.

9. Identify blighted properties and initiate proceedings in coordination with the City Attorney’s office against the property owner.

8.40.120 Exemptions
A. The Director of Planning and Community Development or his or her designee, at his or her discretion may grant an exemption of the requirements of the Monitoring Program to multi-tenant commercial and industrial properties with four (4) or more licensed units.

B. The requirements of this chapter shall not apply to multi -family residential dwellings and accessory dwelling units (ADU).

C. Notwithstanding the foregoing, a commercial property/building and/or storefront shall not be considered vacant or abandoned if:

1. There is a valid building permit for improvements, including but not limited to, repair, rehabilitation, or construction of the commercial building/property and/or storefront and the owner of the subject property completes the work associated with said building permit within one year from the date the permit was issued, unless the Director, determines that the owner requires additional time to complete the work authorized pursuant to the building permit; or

2. The owner or leaseholder has filed an application for, and is actively seeking to obtain authorization, permits, or licenses required by State, County, or local law permitting the lawful use and occupancy of the commercial building and/or storefront; or

3. The commercial building/property and/or storefront complies with all provisions of this chapter as well as State, County, and local laws, and does not contribute to blight as defined in Section 8.40.020 of this chapter, and is ready for immediate occupancy , and the owner provides satisfactory evidence to the Department that the commercial building/property and/or storefront is actively being offered for sale, lease, or rent, and it has not been vacant and/or abandoned for more than six months. Satisfactory evidence shall include, but is not limited to, evidence that the owner has hired a real estate agent or other rental agent who advertises the commercial property and/or storefront for sale, lease, or rent to achieve occupancy.

8.40.1310 Enforcement.

Violations of this chapter may be enforced in any combination as allowed in Chapters 1.12 and 1.14. The rights and remedies provided in this section are cumulative and in addition to any other rights and remedies provided by law.

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(Ord. No. 2329, § 1, 4-8-2009)

8.40.1420 Appeals.

Any person aggrieved by any of the requirements of this section mymay appeal insofar as such appeal is allowed under Chapter 1.14.
(Ord. No. 2329, § 1, 4-8-2009)

8.40.1530 Violation/penalty.

Violations of this chapter shall be treated as a strict liability offense regardless of intent. Any person, firm and/or corporation that violates any portion of this section shall be subject to prosecution and/or administrative enforcement under Chapters 1 .12 and

1.14. Fines and penalties collected pursuant to this section shall be directed to City nuisance abatement programs.
(Ord. No. 2329, § 1, 4-8-2009)

8.40.1640 Severability.

Should any provision, section, paragraph, sentence or word of this chapter be determined or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this chapter shall remain in full force and effect. (Ord. No. 2329, § 1, 4-8-2009)
SECTION 3. CEQA. Pursuant to the provisions of the California Environmental Quality Act (“CEQA”), the proposed ordinance amending MMC Chapter 8.40 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 are 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. The Text Amendment would also be exempt under the commonsense exemption pursuant to CEQA Guidelines Section 15061(b)(3). The CEQA commonsense 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.” SECTION 4. SEVERABILITY. If any action, subsection, line, sentence, clause, phrase, or word of this Ordinance is for any reason held to be invalid or unconstitutional,

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

SECTION 6. 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 9TH DAY OF OCTOBER 2024.
_______________________________
Scarlet Peralta, Mayor
ATTEST:
_______________________________
Christopher Jimenez, City Clerk
APPROVED AS TO FORM:
_______________________________
Arnold M. Alvarez-Glasman, City Attorney
I HEREBY CERTIFY that the foregoing Ordinance was introduced at the regular meeting of the City Council on the 25th day of September, 2024, and was adopted by the City Council of the City of Montebello at its meeting held on the 9th day of October, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________
Christopher Jimenez, City Clerk

ATTACHMENT B

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 8.40 of the Montebello Municipal Code ( “MMC”) to modify the regulations related to the registration and maintenance of vacant and abandoned commercial, industrial, and residential properties as well as establish a monitoring program to ensure compliance with established rules and regulations within the City.

PUBLIC HEARING INFORMATION

Date: Wednesday, September 25, 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”), the proposed ordinance amending MMC Chapter 8.40 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 are 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 th e environment. The Text Amendment would also be exempt under the commonsense exemption pursuant to CEQA Guidelines Section 15061(b)(3). The CEQA commonsense 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.”

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 provid ed 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, September 25, 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: September 3, 2024
Date published: September 13, 2024

ITEM # 5

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Joseph Palombi, Director of Planning & Community Development

SUBJECT: CONSIDER APPEAL OF DECISION TO REVOKE BUSINESS LICENSE NO. 10707651 ISSUED TO A & T PALLETS, INC.

DATE: September 25, 2024

RECOMMENDATIONS:

It is recommended that the City Council:

1. Consider the Appeal by A & T Pallets regarding the revocation of their business license based on the facts and evidence presented by both City staff and the appellant; and

2. Review the history of complaints and compliance efforts related to A & T Pallets’ operations; and

3. Determine whether to uphold, modify, or overturn the decision to revoke the business license; and

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

FISCAL IMPACT:

There is no fiscal impact related to the recommended actions.

BACKGROUND/DISCUSSION:

A & T Pallets, located at 1505 Date Street, Montebello, California 90640 (the “Subject Site”), has been the subject of multiple complaints and enforcement actions over an extended period. These complaints have primarily focused on issues such as improper pallet storage, blocking public thoroughfares, traffic obstructions, illegal parking and general non-compliance with City regulations. The Code Enforcement Division has conducted numerous inspections and follow-ups, resulting in citation being issued. The Code Enforcement Division has made several attempts to work with the business owners

CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 25, 2024

to achieve compliance.

Despite repeated warnings and opportunities to correct the violations, the business has consistently failed to meet the necessary standards required by the Montebello Municipal Code (“MMC”), as well as the Montebello Fire Department's safety regulations. The following is intended to provide a chronological summary of key events and actions initiated by the Code Enforcement Division and the Montebello Fire Department to address ongoing violations at the Subject Site:

Timeline of Events and Complaints:
• June 1, 2020: Violations for outdoor storage and pallet height received. • April 8, 2021: Complaint received regarding pallet height, inoperable vehicles, and maintenance issues. Inspection confirmed violations. Notice of Violation was issued.
• April 15, 2021: Code Enforcement conducted a follow-up inspection and instructed site supervisor Juan Torres to reduce pallet height, fix the exterior structure, and remove inoperative vehicles. Notice of Violation was issued. • May 3, 2021: Code Enforcement conducted a follow-up inspection and observed ongoing violations, including pallets over 15 feet, inoperable vehicles, and no permits pulled to fix the exterior structure. Administrative Citation issued. • May 19, 2021: Code Enforcement conducted another follow-up inspection. No corrections were observed, and a second citation was issued. • June 7, 2021: Code Enforcement conducted another follow-up inspection with no corrections observed, and a third citation was issued.
• June 23, 2021: Code Enforcement conducted a follow up inspection, with no corrections observed.
• July 1, 2021: Code Enforcement conducted a follow-up inspection and met with property owners Roger and Juan Torres. They were instructed to make corrections, and an updated citation was issued.
• April 25, 2022: Initial complaint received regarding improper pallet storage and possible fire hazard at 1505 Date Street, Montebello CA 90640. • April 25, 2022: Code Enforcement conducted an inspection on the premises and observed pallets obstructing both the sidewalk and street, along with a truck improperly parked on the street. As a result, an administrative citation was issued for violating MMC 12.04.470 (Obstruction of Thoroughfares), and a parking citation was issued to the subject vehicle.
• May 3, 2022: During a follow-up inspection at the Subject Site, Code Enforcement observed only a vehicle parked on the sidewalk and issued a parking citation. No other violations were detected at the time.
• May 11, 2022: The following week, Code Enforcement follow-up inspection from the parkway observed pallets placed on sidewalk and street. A & T Pallets received a second citation revealing that the issues had not been addressed. • May 25, 2022: Code Enforcement responded to the property and observed pallets stored on the sidewalk. The code enforcement officer contacted the manager, Rogelio Torres, and instructed him to remove the pallets immediately. Mr. Torres cooperated fully and promptly moved the pallets.

CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 25, 2024

• June 1, 2022: Payment for the citations was received, and the officer forwarded the case notes to the Code Enforcement Manager, awaiting further direction from the City Attorney.
• June 28, 2022: This matter was transferred to the City Attorney’s office for review and next steps.
• July 19, 2022: The Code Enforcement Manager met with the property owner Rogelio Torres at the Planning and Community Development public front counter to discuss the upcoming office conference with the City Attorney on August 3, 2022. Mr. Torres was informed of the violations and the required corrections. He explained that although he was trying to keep the pallets off the street, it had been difficult to manage.
• August 3, 2022: A conference meeting was held with the business owner, City Attorney, and department manager. The City Attorney granted the owner 30 days to correct the violations, following the owner's complaint. • September 8, 2022: A Code Enforcement officer conducted a follow-up inspection and found that the property owner remained non-compliant. • September 22, 2022: Code Enforcement officer contacted property owner Roger to schedule an on-site inspection. Roger stated he would call back on September 26, 2022, after coordinating with his brother, Juan, so they could both be present for the inspection.
• October 5, 2022: Code Enforcement conducted a joint inspection with the City Attorney, Fire Marshall, Fire Captain, and Fire Inspector. Fire issued an "order to comply notice" with a 30 day deadline for the following violations of the California Fire Code:
o 505.1: Display the address on the front side of the building. o 506.1: Provide a Knox box with updated keys at the front entrance of the building.
o 906.3: Equipment on the premises with fire extinguishers rated 2A-10BC or 40BC unless otherwise specified.
o 906.2: Ensure each fire extinguisher is serviced and tagged annually by a state-licensed professional or after use.
o 906.6: Fire extinguishers must not be obstructed.
o 2810.6: Maintain clearance to the property line.
o 2810.7: Maintain clearance to important buildings.
• December 5, 2022: Code Enforcement conducted a follow-up inspection of the property and observed no traffic on Date Street; however, pallets were still stacked near the property line.
• December 27, 2022: Code Enforcement conducted a follow-up inspection from the parkway and was contacted by one of the business owners, Roger. During the inspection, some corrections were observed, including the removal of pallets from the sidewalk and no trucks blocking traffic. Additionally, some pallets had been removed from the property. The Fire Department is scheduled to conduct a follow- up inspection on January 9th, and Code Enforcement will coordinate a joint inspection with the Fire Department.
• February 6, 2023: Code Enforcement and the Assistant Director of Planning and Community Development observed delivery trucks parked in the red zone

CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 25, 2024

unloading pallets. Parking enforcement responded, but no citations were issued because the vehicles moved.
• June 26, 2023: Code Enforcement received a complaint regarding over-stacked pallets and street loading/unloading. A joint inspection with the Fire Captain revealed several violations, including pallets too close to property lines, dumpsters in public view, pallets near the building, and big rigs blocking traffic on Maple Street. The owners were unavailable, but an employee contacted the owner, Juan, and the violations were explained to him.
• January 30, 2024: Code Enforcement did a follow-up inspection conducted from the public right-of-way and observed pallets stacked too close to property lines and the exterior building. Loading/unloading still taking place on the roadway. • February 13, 2024: Code Enforcement observed work trucks double parked in the red zone while workers unloaded pallets in the street. Several pallets were stacked on-site.
• February 20, 2024: Code Enforcement received a report regarding pallets stacked above the allowable height. An inspection was conducted, and the worker on-site was instructed to move the pallets away from the house and reduce the stacking height.
• February 26, 2024: Code Enforcement contacted the business owner and was instructed to relocate the pallets from the front of the property. The owner agreed and began moving them to the back.
• March 20, 2024: Pallets continued to be stored in front of the business, along with trash, debris, and an excess of pallets on the property. • May 6, 2024: Code Enforcement conducted a follow-up inspection and continued to observe trailers/trucks parked in the red zone, pallets stored in front of the property, trash/debris, and an inoperable vehicle.
• June 19, 2024: Another follow-up inspection was conducted, and no compliance was observed. Pallets continued to be stored in front of the property along with trash/debris and an inoperable vehicle.
• July 15, 2024: A follow-up inspection was conducted, where an illegal vendor selling oranges was found on-site and was advised to leave. Pallets were still stored in front of the location, and trailer trucks were obstructing traffic. • August 22, 2024: Code Enforcement conducted follow-up inspections and noted ongoing non-compliance, with pallets in front, trucks blocking the street, inoperable vehicles, and trash/debris.
• August 26, 2024: An administrative citation was issued, and a notice of "business license revoked" was hand-delivered to the property owner's brother, Rogelio Torres.

ENVIRONMENTAL:

N/A

ANALYSIS:

CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 25, 2024

The ongoing issues at A & T Pallets, located at 1505 Date Street, have resulted in multiple complaints and violations over an extended period (more than four years). Despite numerous follow-up inspections and citations issued by Code Enforcement, the business has consistently failed to comply with local and State regulations. Key violations include the improper storage of pallets in public areas, obstructing the sidewalk and street, the presence of inoperable vehicles, illegal parking, and improper loading/unloading practices that have caused significant traffic disruptions.

In several instances, Code Enforcement observed pallets stacked too close to property lines, creating potential safety hazards, as well as trash and debris accumulating on-site.

Additionally, the business has been non-compliant with regulations concerning vehicle parking, with trailers and trucks repeatedly blocking the street. These issues have persisted despite warnings and instructions provided by Code Enforcement officers, as well as direct communication with the business owner.

The Fire Department has also identified significant safety violations, including the need for proper fire extinguishers, maintaining clearance to the property line and nearby structures, and addressing issues related to fire safety equipment. An order to comply was issued, providing the business with 30 days to address these critical safety concerns.

Given the continuous non-compliance, despite repeated efforts by both the Code Enforcement Division and the Montebello Fire Department, the City issued a notice of revocation for A & T Pallets' business license. The failure of the business to address these violations, coupled with the ongoing reoccurrence of violations as well as the public safety risks, necessitates this action to ensure the property is brought into compliance and the public is protected from further disruptions.

The City has taken all appropriate steps to work with the business owner and provide ample opportunity to resolve these issues. However, the lack of corrective action by the business owner leaves no alternative but to move forward with the revocation of the business license. This action ensures that City regulations are upheld, and public safety is maintained.

SUMMARY:

It is recommended that the City Council uphold staff's determination to revoke Business License No. 10707651, issued to A & T Pallets, Inc., based on the entirety of the record.

ATTACHMENT(S)

1. Attachment A - Notice of “Order of Revocation of Business License No. 10707651”

2. Attachment B - Code Enforcement Notices

3. Attachment C - Code Enforcement Inspection Photographs

ATTACHMENT A

________________________
George Torres

CITY OF MONTEBELLO
1600 West Beverly Blvd • Montebello, CA 90640
(323) 887–1490 • [email protected]

REQUEST FOR INSPECTION

ROGELIO TORRES
3981 E 6th ST
LOS ANGELES, CA 90023

Violation Address: 1505 DATE ST
MONTEBELLO, CA 90640
APN:
6353016012
Case No.: CE19-794
Officer: George Torres
Date: 02/06/2020
Dear Property Owner(s)/Tenant(s):

The City of Montebello has received information about:

1. M.M.C. 08.16.010.(A)(6)(b) - Outdoor Storage

2. M.M.C. 15.32.010 - California Fire Code - Adoption

Please ensure that any outdoor storage does not exceed 20 feet in height.

This information has not been confirmed. If these conditions exist or these activities are occurring on the property, please be advised they are code violations. Please make arrangements to abate the conditions or cease the activity identified above within 24 hours. Please contact me within 72 hours to make an appointment for a joint inspection of the property with you to confirm the matter has been resolved. Please contact me if you have any questions regarding this matter. Office hours are Monday-Thursday from 7:30 a.m. to 5:30 p.m.

ATTACHMENT B

CITY OF MONTEBELLO
1600 West Beverly Blvd, Montebello CA 90640CODE ENFORCEMENT DIVISION(323) 887-1490cityofmontebello.com

ADMINISTRATIVE CITATION
Sent Via:

DATE: 05/04/2021

GOMEZ, ERIBERTO
1512 DATE ST
MONTEBELLO, CA 90640

DATE OF ADMINISTRATIVE CITATION:
05/03/2021 CODE ENFORCEMENT CASE NO:

CE21-198
RESPONSIBLE PARTY:

GOMEZ, ERIBERTO
LOCATION OF VIOLATION(S):
1505 DATE ST, MONTEBELLO, CA
90640
DATE OBSERVED: 05/03/2021
TIME OBSERVED: 10:00 AM
PROPERTY OWNER/TENANT:

GOMEZ, ERIBERTO
INSPECTION DATES: 04/08/2021, 04/15/2021,
05/3/2021

APN(s):
6353016012

Codes Description Corrective Action
M.M.C. 17.70 The requirement to obtain a conditional use permit shall include,but not be limited to, private concerns occupying or using city-owned property in any zone, when the occupancy or use wouldotherwise require a conditional use permit. See Appendix A,Index of Permitted Uses, for specific uses allowed with aconditional use permit.

Please contact the City'sPlanning Department for aConditional Use Permit. If aConditional Use Permit is notobtained the business may besubject to closure.

M.M.C. 08.16.010(A)(6)(a) Debris, Rubbish, and Trash from Public Rights-of-Way Please remove all trash anddebris from public view.

M.M.C.08.16.010.A(3)(1),(2,)(3)
Parking or allowing to stand any abandoned, wrecked,dismantled, or inoperative vehicles. Remove all abandoned,wrecked, dismantled andinoperative vehicles.

M.M.C. 15.04.010 Any owner or authorized agent who intends to construct, enlarge,alter, repair, move, demolish, or change the occupancy of abuilding or structure, or to erect, install, enlarge, alter, repair,remove, convert or replace any electrical, gas, mechanical orplumbing system, the installation of which is regulated by thiscode, or to cause any such work to be done, shall first makeapplication to the building official and obtain the required permit.

Obtain all proper permits andpay all required fees forconstruction.

M.M.C. 15.32.390
Pallet Storage
All pallets must be stacked so that there is no visibility through the stacks to the adjacent aisles, or so
organized to assure that no temporary organized living
facilities or places of refuge are hidden from
view. Pallets shall be stacked or piled with due regard to stability of piles, and in no case higher than fifteen feet.

Where pallets are piled next to a property line, the
distance from the pile or stack to the property line shall not be less than one-half the height of the stack, but in no case less than five feet.

Please follow Municipal codeand stack pallets accordingly.

M.M.C. 08.16.010.(A)(15) Maintenance of premises in such manner as to constitute adanger to public health including property, landscaping, plantingtrees, bushes, fences, buildings structure improvements andoutside storage of personal property.

Maintenance of premises isrequired in order to preventdangerous conditions for thepublic.

Date Issued Fee Fee Paid Amount Amount Paid Due Date
05/04/2021 First Citation $100.00 $0.00 05/19/2021
05/04/2021 First Citation $100.00 $0.00 05/19/2021
Total Due: $200.00

NAME OF ISSUING OFFICER:

Joseph Cota
PLEASE CORRECT VIOLATION(S) BY:

All corrections must be corrected
immediately.

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIATHAT THE FOREGOING IS TRUE AND CORRECT. EXECUTED ON THE DATE SHOWN ABOVE:

NOTICE: Each violation of the code constitutes a nuisance and the collection of any unpaid fines ornuisance abatement costs may be enforced as an assessment or lien against the real property wherethe code violation occurred. Unpaid assessments can result in the property being sold after three yearsby the County Assessor.

The City of Montebello may also submit the account to the Franchise Tax Board (“FTB”) for interagencyintercept collection. FTB operates an intercept program in conjunction with the State Controller’s Office,collecting delinquent liabilities individuals owe to state, local agencies and colleges. FTB intercepts taxrefunds, unclaimed property claims, and lottery winnings owed to individuals. FTB redirects these fundsto pay the individual’s debts to the agencies/colleges (California Government Code §§ 12419.2,12419.7, 12419.9, 12419.10, 12419.11 and 12419.12.) THE LAW REQUIRES THAT YOU TAKE STEPS TO EITHER:
(I) COMPLY with this citation, or (2) CONTEST the violation. To COMPLY with this citation, correct theviolation and pay any required fine. To CONTEST this citation and request a hearing, follow theprocedures listed below, TO PAY THE FINE:

Pay within 72 hours from the date of the citation or be subject to late penalty.

The fine shall be mailed or delivered to: City of Montebello, Finance Department, 1600 West BeverlyBlvd., Montebello, California 90640. The citation number must be written on the face of the check ormoney order. (Do not mail cash!) TO REQUEST AN EXTENSION:

If this citation was issued for a non-emergency, non-transient violation(s) the responsible person mayrequest an extension of time to complete the correction. To request an extension you must submit awritten request to the director of the department that issued the citation within five (5) business days ofthe issuance of the citation. The request must contain the following information: a description of thecorrections already made, the corrections remaining to be made, the date when the all the correctionsshall be completed. Notice: the maximum extension time is thirty (30) calendar days. The Director, at hisor her discretion, may grant less than 30 days or deny an extension.

TO CONTEST:

Any recipient of an. Administrative Citation may contest that there was no violation of the code or thathe/she is the responsible person. To request an Administrative Hearing you must file a request form withthe City Clerk and deposit the amount of the fine 'within five (5) business days of the date the citationwas issued. Administrative hearing request forms are available in the City Clerk's office. The decision ofthe Hearing Officer shall be the City's final administrative decision.

IMPORTANT NOTICE:

The Administrative Citation process described herein does not preclude the City from recovering anyCode violation abatement costs incurred by the City in performing its code enforcement efforts pursuantto the Montebello Municipal Code.

For further information about this Administrative Citation you may call the City's CodeEnforcement Division at (323) 887-1490.

CITY OF MONTEBELLO
1600 West Beverly Blvd, Montebello CA 90640CODE ENFORCEMENT DIVISION(323) [email protected]

ADMINISTRATIVE CITATION
Sent Via:

DATE: 05/19/2021

GOMEZ, ERIBERTO
1512 DATE ST
MONTEBELLO, CA 90640

DATE OF ADMINISTRATIVE CITATION: 5/19/2021CODE ENFORCEMENT CASE NO:

CE21-198
RESPONSIBLE PARTY:

GOMEZ, ERIBERTO

LOCATION OF
VIOLATION(S):
1505 DATE ST, MONTEBELLO,
CA 90640
DATE OBSERVED: 05/19/2021
TIME OBSERVED: 4:00 PM
PROPERTY OWNER/TENANT:

GOMEZ, ERIBERTO
INSPECTION DATES: 04/08/2021, 04/15/2021,
05/13/2021, 05/19/2021

APN(s):
6353016012

Codes Description Corrective Action
M.M.C. 15.32.390
-Pallet Storage
All pallets must be stacked so that there is no visibility through the stacks to the adjacent aisles, or so organized to assure that no temporary organized living facilities or places of refuge are hidden from view. Pallets shall be stacked or piled with due regard to stability of piles, and in no case higher than fifteen feet. Where pallets are piled next to a property line, the distance from the pile or stack to the property line shall not be less than one-half the height of the stack, but in no case less than five feet.

Please follow Municipal
code and stack pallets
accordingly. No pallets can
be stacked higher than 15'.

M.M.C. 08.16.010(A)(6)(a) Debris, Rubbish, and Trash from Public Rights-of-Way Please remove all trash anddebris from public view.

M.M.C.08.16.010.A(3)(1),(2,)(3)
Parking or allowing to stand any abandoned, wrecked,dismantled, or inoperative vehicles. Remove all abandoned,wrecked, dismantled andinoperative vehicles.

M.M.C. 15.04.010 Any owner or authorized agent who intends to construct, enlarge,alter, repair, move, demolish, or change the occupancy of abuilding or structure, or to erect, install, enlarge, alter, repair,remove, convert or replace any electrical, gas, mechanical orplumbing system, the installation of which is regulated by thiscode, or to cause any such work to be done, shall first makeapplication to the building official and obtain the required permit.

Obtain all proper permits andpay all required fees forconstruction.

M.M.C. 08.16.010.(A)(15) Maintenance of premises in such manner as to constitute adanger to public health including property, landscaping, plantingtrees, bushes, fences, buildings structure improvements andoutside storage of personal property.

Maintenance of premises isrequired in order to preventdangerous conditions for thepublic.

Date Issued Fee Fee Paid Amount Amount Paid Due Date
05/04/2021 First Citation $100.00 $0.00 05/19/2021
05/04/2021 First Citation $100.00 $0.00 05/19/2021
05/19/2021 First Citation $100.00 $0.00 06/03/2021
05/19/2021 Second Citation $200.00 $0.00 06/03/2021
05/19/2021 Second Citation $200.00 $0.00 06/03/2021
Total Due: $700.00

NAME OF ISSUING OFFICER:

Joseph Cota
PLEASE CORRECT VIOLATION(S) BY:

All corrections must be corrected
immediately.

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIATHAT THE FOREGOING IS TRUE AND CORRECT. EXECUTED ON THE DATE SHOWN ABOVE:

NOTICE: Each violation of the code constitutes a nuisance and the collection of any unpaid fines ornuisance abatement costs may be enforced as an assessment or lien against the real property wherethe code violation occurred. Unpaid assessments can result in the property being sold after three yearsby the County Assessor.

The City of Montebello may also submit the account to the Franchise Tax Board (“FTB”) for interagencyintercept collection. FTB operates an intercept program in conjunction with the State Controller’s Office,collecting delinquent liabilities individuals owe to state, local agencies and colleges. FTB intercepts taxrefunds, unclaimed property claims, and lottery winnings owed to individuals. FTB redirects these fundsto pay the individual’s debts to the agencies/colleges (California Government Code §§ 12419.2,12419.7, 12419.9, 12419.10, 12419.11 and 12419.12.) THE LAW REQUIRES THAT YOU TAKE STEPS TO EITHER:
(I) COMPLY with this citation, or (2) CONTEST the violation. To COMPLY with this citation, correct theviolation and pay any required fine. To CONTEST this citation and request a hearing, follow theprocedures listed below, TO PAY THE FINE:

Pay within 72 hours from the date of the citation or be subject to late penalty.

The fine shall be mailed or delivered to: City of Montebello, Finance Department, 1600 West BeverlyBlvd., Montebello, California 90640. The citation number must be written on the face of the check ormoney order. (Do not mail cash!) TO REQUEST AN EXTENSION:

If this citation was issued for a non-emergency, non-transient violation(s) the responsible person mayrequest an extension of time to complete the correction. To request an extension you must submit awritten request to the director of the department that issued the citation within five (5) business days ofthe issuance of the citation. The request must contain the following information: a description of thecorrections already made, the corrections remaining to be made, the date when the all the correctionsshall be completed. Notice: the maximum extension time is thirty (30) calendar days. The Director, at hisor her discretion, may grant less than 30 days or deny an extension.

TO CONTEST:

Any recipient of an. Administrative Citation may contest that there was no violation of the code or thathe/she is the responsible person. To request an Administrative Hearing you must file a request form withthe City Clerk and deposit the amount of the fine 'within five (5) business days of the date the citationwas issued. Administrative hearing request forms are available in the City Clerk's office. The decision ofthe Hearing Officer shall be the City's final administrative decision.

IMPORTANT NOTICE:

The Administrative Citation process described herein does not preclude the City from recovering anyCode violation abatement costs incurred by the City in performing its code enforcement efforts pursuantto the Montebello Municipal Code.

For further information about this Administrative Citation you may call the City's CodeEnforcement Division at (323) 887-1490.

CITY OF MONTEBELLO
1600 West Beverly Blvd, Montebello CA 90640CODE ENFORCEMENT DIVISION(323) [email protected]

ADMINISTRATIVE CITATION
Sent Via:

DATE: 06/07/2021

GOMEZ, ERIBERTO
1512 DATE ST
MONTEBELLO, CA 90640

DATE OF ADMINISTRATIVE CITATION:
06/07/2021

CODE ENFORCEMENT CASE
NO:

CE21-198
RESPONSIBLE PARTY:

GOMEZ, ERIBERTO
LOCATION OF VIOLATION(S):
1505 DATE ST, MONTEBELLO, CA
90640
DATE OBSERVED: 06/07/2021
TIME OBSERVED: 2:00 PM
PROPERTY OWNER/TENANT:

GOMEZ, ERIBERTO
INSPECTION DATES: 4/18/21, 4/15/21, 5/13/21,
5/19/21, 6/7/21

APN(s):
6353016012

Codes Description Corrective Action
M.M.C.08.16.010 (A)(6)(a)
Debris, Rubbish, and Trash from Public Rights-of-Way Please remove all trash anddebris from public view.

M.M.C.08.16.010.A(3)(1),(2,)(3)
Parking or allowing to stand any abandoned, wrecked, dismantled, orinoperative vehicles. Remove all abandoned, wrecked,dismantled and inoperativevehicles.

M.M.C.15.04.010 Any owner or authorized agent who intends to construct, enlarge,alter, repair, move, demolish, or change the occupancy of a buildingor structure, or to erect, install, enlarge, alter, repair, remove, convertor replace any electrical, gas, mechanical or plumbing system, theinstallation of which is regulated by this code, or to cause any suchwork to be done, shall first make application to the building officialand obtain the required permit.

Obtain all proper permits and payall required fees for construction.

M.M.C.08.16.010.(A)(15)
Maintenance of premises in such manner as to constitute a dangerto public health including property, landscaping, planting trees,bushes, fences, buildings structure improvements and outsidestorage of personal property.

Maintenance of premises isrequired in order to preventdangerous conditions for thepublic. All Pallets must not bestacked higher than 15ft.

Date Issued Fee Fee Paid Amount Amount Paid Due Date
05/04/2021 First Citation $100.00 $0.00 05/19/2021
05/04/2021 First Citation $100.00 $0.00 05/19/2021
05/19/2021 First Citation $100.00 $0.00 06/03/2021
05/19/2021 Second Citation $200.00 $0.00 06/03/2021
05/19/2021 Second Citation $200.00 $0.00 06/03/2021
06/07/2021 Second Citation $200.00 $0.00 06/22/2021
06/07/2021 Third Citation $500.00 $0.00 06/22/2021
06/07/2021 Third Citation $500.00 $0.00 06/22/2021
06/07/2021 Re-Inspection Fee $92.00 $0.00 06/22/2021
Total Due: $1,992.00

NAME OF ISSUING OFFICER:

Joseph Cota
PLEASE CORRECT VIOLATION(S) BY:

All corrections must be corrected
immediately.

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIATHAT THE FOREGOING IS TRUE AND CORRECT. EXECUTED ON THE DATE SHOWN ABOVE:

NOTICE: Each violation of the code constitutes a nuisance and the collection of any unpaid fines ornuisance abatement costs may be enforced as an assessment or lien against the real property wherethe code violation occurred. Unpaid assessments can result in the property being sold after three yearsby the County Assessor.

The City of Montebello may also submit the account to the Franchise Tax Board (“FTB”) for interagencyintercept collection. FTB operates an intercept program in conjunction with the State Controller’s Office,collecting delinquent liabilities individuals owe to state, local agencies and colleges. FTB intercepts taxrefunds, unclaimed property claims, and lottery winnings owed to individuals. FTB redirects these fundsto pay the individual’s debts to the agencies/colleges (California Government Code §§ 12419.2,12419.7, 12419.9, 12419.10, 12419.11 and 12419.12.) THE LAW REQUIRES THAT YOU TAKE STEPS TO EITHER:
(I) COMPLY with this citation, or (2) CONTEST the violation. To COMPLY with this citation, correct theviolation and pay any required fine. To CONTEST this citation and request a hearing, follow theprocedures listed below, TO PAY THE FINE:

Pay within 72 hours from the date of the citation or be subject to late penalty.

The fine shall be mailed or delivered to: City of Montebello, Finance Department, 1600 West BeverlyBlvd., Montebello, California 90640. The citation number must be written on the face of the check ormoney order. (Do not mail cash!) TO REQUEST AN EXTENSION:

If this citation was issued for a non-emergency, non-transient violation(s) the responsible person mayrequest an extension of time to complete the correction. To request an extension you must submit awritten request to the director of the department that issued the citation within five (5) business days ofthe issuance of the citation. The request must contain the following information: a description of thecorrections already made, the corrections remaining to be made, the date when the all the correctionsshall be completed. Notice: the maximum extension time is thirty (30) calendar days. The Director, at hisor her discretion, may grant less than 30 days or deny an extension.

TO CONTEST:

Any recipient of an. Administrative Citation may contest that there was no violation of the code or thathe/she is the responsible person. To request an Administrative Hearing you must file a request form withthe City Clerk and deposit the amount of the fine 'within five (5) business days of the date the citationwas issued. Administrative hearing request forms are available in the City Clerk's office. The decision ofthe Hearing Officer shall be the City's final administrative decision.

IMPORTANT NOTICE:

The Administrative Citation process described herein does not preclude the City from recovering anyCode violation abatement costs incurred by the City in performing its code enforcement efforts pursuantto the Montebello Municipal Code.

For further information about this Administrative Citation you may call the City's CodeEnforcement Division at (323) 887-1490.

CITY OF MONTEBELLO
1600 West Beverly Blvd, Montebello CA 90640CODE ENFORCEMENT DIVISION(323) [email protected]

ADMINISTRATIVE CITATION
Sent Via:

DATE: 06/24/2021

GOMEZ, ERIBERTO
1512 DATE ST
MONTEBELLO, CA 90640

DATE OF ADMINISTRATIVE CITATION:
06/24/2021

CODE ENFORCEMENT
CASE NO:

CE21-198
RESPONSIBLE PARTY:

GOMEZ, ERIBERTO

LOCATION OF
VIOLATION(S):
1505 DATE ST, MONTEBELLO,
CA 90640
DATE OBSERVED: 06/23/2021
TIME OBSERVED: 2:00 PM

PROPERTY
OWNER/TENANT:

GOMEZ, ERIBERTO
INSPECTION DATES: 4/18/2021, 4/15/2021,
5/13/2021, 5/19/2021, 6/7/2021, 6/23/2021

APN(s):
6353016012

Codes Description Corrective Action
M.M.C.08.16.010 (A)(6)(a)
Debris, Rubbish, and Trash from Public Rights-of-Way Please remove all trash anddebris from public view.

M.M.C.08.16.010.A(3)(1),(2,)(3)
Parking or allowing to stand any abandoned, wrecked, dismantled, orinoperative vehicles. Remove all abandoned, wrecked,dismantled and inoperativevehicles.

M.M.C.15.04.010 Any owner or authorized agent who intends to construct, enlarge,alter, repair, move, demolish, or change the occupancy of a buildingor structure, or to erect, install, enlarge, alter, repair, remove, convertor replace any electrical, gas, mechanical or plumbing system, theinstallation of which is regulated by this code, or to cause any suchwork to be done, shall first make application to the building officialand obtain the required permit.

Obtain all proper permits and payall required fees for construction.

M.M.C.08.16.010.(A)(15)
Maintenance of premises in such manner as to constitute a dangerto public health including property, landscaping, planting trees,bushes, fences, buildings structure improvements and outsidestorage of personal property.

Maintenance of premises isrequired in order to preventdangerous conditions for thepublic.

Date Issued Fee Fee Paid Amount Amount Paid Due Date
05/04/2021 First Citation $100.00 $0.00 05/19/2021
05/04/2021 First Citation $100.00 $0.00 05/19/2021
05/19/2021 First Citation $100.00 $0.00 06/03/2021
05/19/2021 Second Citation $200.00 $0.00 06/03/2021
05/19/2021 Second Citation $200.00 $0.00 06/03/2021
06/07/2021 Second Citation $200.00 $0.00 06/22/2021
06/07/2021 Third Citation $500.00 $0.00 06/22/2021
06/07/2021 Third Citation $500.00 $0.00 06/22/2021
06/07/2021 Re-Inspection Fee $92.00 $0.00 06/22/2021
06/24/2021 Third Citation $500.00 $0.00 07/14/2021
06/24/2021 Third Citation $500.00 $0.00 07/14/2021
06/24/2021 Third Citation $500.00 $0.00 07/14/2021
06/24/2021 Re-Inspection Fee $92.00 $0.00 07/14/2021
Total Due: $3,584.00

NAME OF ISSUING OFFICER:

Joseph Cota
PLEASE CORRECT VIOLATION(S) BY:

All corrections must be corrected
immediately.

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIATHAT THE FOREGOING IS TRUE AND CORRECT. EXECUTED ON THE DATE SHOWN ABOVE:

NOTICE: Each violation of the code constitutes a nuisance and the collection of any unpaid fines ornuisance abatement costs may be enforced as an assessment or lien against the real property wherethe code violation occurred. Unpaid assessments can result in the property being sold after three yearsby the County Assessor.

The City of Montebello may also submit the account to the Franchise Tax Board (“FTB”) for interagencyintercept collection. FTB operates an intercept program in conjunction with the State Controller’s Office,collecting delinquent liabilities individuals owe to state, local agencies and colleges. FTB intercepts taxrefunds, unclaimed property claims, and lottery winnings owed to individuals. FTB redirects these fundsto pay the individual’s debts to the agencies/colleges (California Government Code §§ 12419.2,12419.7, 12419.9, 12419.10, 12419.11 and 12419.12.) THE LAW REQUIRES THAT YOU TAKE STEPS TO EITHER:
(I) COMPLY with this citation, or (2) CONTEST the violation. To COMPLY with this citation, correct theviolation and pay any required fine. To CONTEST this citation and request a hearing, follow theprocedures listed below, TO PAY THE FINE:

Pay within 72 hours from the date of the citation or be subject to late penalty.

The fine shall be mailed or delivered to: City of Montebello, Finance Department, 1600 West BeverlyBlvd., Montebello, California 90640. The citation number must be written on the face of the check ormoney order. (Do not mail cash!) TO REQUEST AN EXTENSION:

If this citation was issued for a non-emergency, non-transient violation(s) the responsible person mayrequest an extension of time to complete the correction. To request an extension you must submit awritten request to the director of the department that issued the citation within five (5) business days ofthe issuance of the citation. The request must contain the following information: a description of thecorrections already made, the corrections remaining to be made, the date when the all the correctionsshall be completed. Notice: the maximum extension time is thirty (30) calendar days. The Director, at hisor her discretion, may grant less than 30 days or deny an extension.

TO CONTEST:

Any recipient of an. Administrative Citation may contest that there was no violation of the code or thathe/she is the responsible person. To request an Administrative Hearing you must file a request form withthe City Clerk and deposit the amount of the fine 'within five (5) business days of the date the citationwas issued. Administrative hearing request forms are available in the City Clerk's office. The decision ofthe Hearing Officer shall be the City's final administrative decision.

IMPORTANT NOTICE:

The Administrative Citation process described herein does not preclude the City from recovering anyCode violation abatement costs incurred by the City in performing its code enforcement efforts pursuantto the Montebello Municipal Code.

For further information about this Administrative Citation you may call the City's CodeEnforcement Division at (323) 887-1490.

CITY OF MONTEBELLO
Code Enforcement Division1600 West Beverly BlvdMontebello, CA 90640(323) [email protected]

NOTICE OF VIOLATION

04/08/2021
GOMEZ, ERIBERTO1512 DATE STMONTEBELLO, CA 90640

Case #: CE21-198
Location of Request: 1505 DATE ST, MONTEBELLO, CA 90640Property ID: 6353016012 Dear GOMEZ, ERIBERTO,
The City of Montebello is dedicated to protect the health, safety, and welfare of our community membersby encouraging compliance with the Montebello Municipal Code; to enhance the appearance ofneighborhoods and business districts to prevent blight, protect property values, and enhance economicconditions. This notice is to advise you that the property referenced above location was inspected on andwas found to be in violation of the Montebello Municipal Code (M.M.C.).

Violation(s) of the Montebello Municipal Code include:

Codes Description Corrective Action
M.M.C. 17.70 The requirement to obtain a conditional use permit shall include, butnot be limited to, private concerns occupying or using city-ownedproperty in any zone, when the occupancy or use would otherwiserequire a conditional use permit. See Appendix A, Index of PermittedUses, for specific uses allowed with a conditional use permit.

Please contact the City'sPlanning Department for aConditional Use Permit. Pleaseupdate information of occupancypermit if needed.

M.M.C.08.16.010 (A)(6)(a)
Debris, Rubbish, and Trash from Public Rights-of-Way Please remove all trash anddebris from public view.

M.M.C.08.16.010.A(3)(1),(2,)(3)
Parking or allowing to stand any abandoned, wrecked, dismantled, orinoperative vehicles. Remove all abandoned, wrecked,dismantled and inoperativevehicles. (Blue truck LIC#7F05274) M.M.C.15.04.010 Any owner or authorized agent who intends to construct, enlarge,alter, repair, move, demolish, or change the occupancy of a buildingor structure, or to erect, install, enlarge, alter, repair, remove, convertor replace any electrical, gas, mechanical or plumbing system, theinstallation of which is regulated by this code, or to cause any suchwork to be done, shall first make application to the building officialand obtain the required permit.

Obtain all proper permits and payall required fees for construction.(please submit application toobtain permit for hole on exteriorwall, of residence located onproperty).

M.M.C.15.32.390 Pallet Storage
All pallets must be stacked so that there is no visibility through the stacks to the adjacent aisles, or so organized to assure that no temporary organized living facilities or places of refuge are hidden from view. Pallets shall be stacked or piled with due regard to stability of piles, and in no case higher than fifteen feet.

Where pallets are piled next to a property line, the distance from the pile or stack to the property line shall not be less than one-half the height of the stack, but in no case less than five feet.

Please follow Municipal code andstack pallets accordingly.

It is the goal to obtain voluntary compliance and to work with you to accomplish this goal. Cooperation inresolving this matter is appreciated. If these violations are not corrected, you may be subject to

___________________________
Joseph Cota
323-887-1200 EXT 485
administrative fines, criminal charges, or both. If an administrative citation is issued fines may begin toaccrue: $100.00, $200.00 and $500.00, respectively, for each day pursuant to Chapter 1.14 of theMontebello Municipal Code. If the violation(s) are found to be corrected, no further action will be taken.

A Code Enforcement Officer will visit your property to ensure the item(s) described above have beencorrected. Please be advised a re-inspection fee in the amount of $92.00 may be applied for non-compliance if corrections are not completed by 7:00 a.m. on 04/15/2021. Unless indicated on this notice,you are not required to be present during a re-inspection of the property. Should you have any questionsplease feel free to contact me during normal business hours at (323) 887-1490. Office hours are Monday-Thursday from 7:30 a.m. to 5:30 p.m.

___________________________
Joseph Cota
323-887-1200 EXT 485

CITY OF MONTEBELLO
Code Enforcement Division1600 West Beverly BlvdMontebello, CA 90640(323) [email protected]

NOTICE OF VIOLATION

08/03/2021
GOMEZ, ERIBERTO1512 DATE STMONTEBELLO, CA 90640

Case #: CE21-198
Location of Request: 1505 DATE ST, MONTEBELLO, CA 90640Property ID: 6353016012 Dear GOMEZ, ERIBERTO,
The City of Montebello is dedicated to protect the health, safety, and welfare of our community membersby encouraging compliance with the Montebello Municipal Code; to enhance the appearance ofneighborhoods and business districts to prevent blight, protect property values, and enhance economicconditions. This notice is to advise you that the property referenced above location was inspected on andwas found to be in violation of the Montebello Municipal Code (M.M.C.).

Violation(s) of the Montebello Municipal Code include:

Codes Description Corrective Action
M.M.C.15.04.010 Any owner or authorized agent who intends to construct, enlarge, alter,repair, move, demolish, or change the occupancy of a building orstructure, or to erect, install, enlarge, alter, repair, remove, convert orreplace any electrical, gas, mechanical or plumbing system, theinstallation of which is regulated by this code, or to cause any such workto be done, shall first make application to the building official and obtainthe required permit.

Obtain all proper permits and payall required fees for construction.Please submit application to ourbuilding and safety department toobtain permit for repair of exteriorwall.

It is the goal to obtain voluntary compliance and to work with you to accomplish this goal. Cooperation inresolving this matter is appreciated. If these violations are not corrected, you may be subject toadministrative fines, criminal charges, or both. If an administrative citation is issued fines may begin toaccrue: $100.00, $200.00 and $500.00, respectively, for each day pursuant to Chapter 1.14 of theMontebello Municipal Code. If the violation(s) are found to be corrected, no further action will be taken.

A Code Enforcement Officer will visit your property to ensure the item(s) described above have beencorrected. Please be advised a re-inspection fee in the amount of $92.00 may be applied for non-compliance if corrections are not completed by 7:00 a.m. on 08/11/2021. Unless indicated on this notice,you are not required to be present during a re-inspection of the property. Should you have any questionsplease feel free to contact me during normal business hours at (323) 887-1490. Office hours are Monday-Thursday from 7:30 a.m. to 5:30 p.m.

___________________________
Joseph Cota
323-887-1200 EXT 485

CITY OF MONTEBELLO
Code Enforcement Division1600 West Beverly BlvdMontebello, CA 90640(323) [email protected]

NOTICE OF VIOLATION

08/23/2021
GOMEZ, ERIBERTO1512 DATE STMONTEBELLO, CA 90640

Case #: CE21-198
Location of Request: 1505 DATE ST, MONTEBELLO, CA 90640Property ID: 6353016012 Dear GOMEZ, ERIBERTO,
The City of Montebello is dedicated to protect the health, safety, and welfare of our community membersby encouraging compliance with the Montebello Municipal Code; to enhance the appearance ofneighborhoods and business districts to prevent blight, protect property values, and enhance economicconditions. This notice is to advise you that the property referenced above location was inspected on andwas found to be in violation of the Montebello Municipal Code (M.M.C.).

Violation(s) of the Montebello Municipal Code include:

Codes Corrective Action
M.M.C. 15.04.010 Obtain all proper permits and pay all required fees for construction.

Please obtain building permit for Exterior wall construction. Contact our building and safetydepartment at 323-887-1200 or obtain a building form at cityofmontebello.com

It is the goal to obtain voluntary compliance and to work with you to accomplish this goal. Cooperation inresolving this matter is appreciated. If these violations are not corrected, you may be subject toadministrative fines, criminal charges, or both. If an administrative citation is issued fines may begin toaccrue: $100.00, $200.00 and $500.00, respectively, for each day pursuant to Chapter 1.14 of theMontebello Municipal Code. If the violation(s) are found to be corrected, no further action will be taken.

A Code Enforcement Officer will visit your property to ensure the item(s) described above have beencorrected. Please be advised a re-inspection fee in the amount of $92.00 may be applied for non-compliance if corrections are not completed by 7:00 a.m. on 09/01/2021. Unless indicated on this notice,you are not required to be present during a re-inspection of the property. Should you have any questionsplease feel free to contact me during normal business hours at (323) 887-1490. Office hours are Monday-Thursday from 7:30 a.m. to 5:30 p.m.

___________________________
Joseph Cota
323-887-1200 EXT 485

CITY OF MONTEBELLO
Code Enforcement Division1600 West Beverly BlvdMontebello, CA 90640(323) [email protected]

NOTICE OF VIOLATION

09/21/2021
GOMEZ, ERIBERTO1512 DATE STMONTEBELLO, CA 90640

Case #: CE21-198
Location of Request: 1505 DATE ST, MONTEBELLO, CA 90640Property ID: 6353016012 Dear GOMEZ, ERIBERTO,
The City of Montebello is dedicated to protect the health, safety, and welfare of our community membersby encouraging compliance with the Montebello Municipal Code; to enhance the appearance ofneighborhoods and business districts to prevent blight, protect property values, and enhance economicconditions. This notice is to advise you that the property referenced above location was inspected on andwas found to be in violation of the Montebello Municipal Code (M.M.C.).

Violation(s) of the Montebello Municipal Code include:

Codes Description Corrective Action
M.M.C.17.70 The requirement to obtain a conditional use permit shall include, but notbe limited to, private concerns occupying or using city-owned property inany zone, when the occupancy or use would otherwise require aconditional use permit. See Appendix A, Index of Permitted Uses, forspecific uses allowed with a conditional use permit.

Please contact the City's PlanningDepartment for a Conditional UsePermit. If a Conditional Use Permitis not obtained the business maybe subject to closure. Pleasesubmit building application to fixthe exterior wall of the house. Finalnotice.

It is the goal to obtain voluntary compliance and to work with you to accomplish this goal. Cooperation inresolving this matter is appreciated. If these violations are not corrected, you may be subject toadministrative fines, criminal charges, or both. If an administrative citation is issued fines may begin toaccrue: $100.00, $200.00 and $500.00, respectively, for each day pursuant to Chapter 1.14 of theMontebello Municipal Code. If the violation(s) are found to be corrected, no further action will be taken.

A Code Enforcement Officer will visit your property to ensure the item(s) described above have beencorrected. Please be advised a re-inspection fee in the amount of $92.00 may be applied for non-compliance if corrections are not completed by 7:00 a.m. on 09/30/2021. Unless indicated on this notice,you are not required to be present during a re-inspection of the property. Should you have any questionsplease feel free to contact me during normal business hours at (323) 887-1490. Office hours are Monday-Thursday from 7:30 a.m. to 5:30 p.m.

CITY OF MONTEBELLO
1600 West Beverly Blvd, Montebello CA 90640CODE ENFORCEMENT DIVISION(323) [email protected]

ADMINISTRATIVE CITATION
Sent Via:

DATE: 08/26/2024

TORRES, ROGELIO
3981 E 6TH ST
LOS ANGELES, CA 90023

DATE OF ADMINISTRATIVE CITATION:
08/26/2024
CODE ENFORCEMENT CASE NO:

CE22-216
RESPONSIBLE PARTY:

TORRES, ROGELIO
LOCATION OF VIOLATION(S):
1505 DATE ST, MONTEBELLO, CA 90640
DATE OBSERVED: 08/26/2024
TIME OBSERVED: 9:00AM
PROPERTY OWNER/TENANT:

TORRES, ROGELIO
INSPECTION DATES: 08/26/2024

APN(s):
6353016012

Codes Description Corrective Action
M.M.C.12.04.470 No person or persons shall obstruct in any manner any street, alleyor sidewalk, or to do any act as to interfere in any manner with anyfree passage through, along, across any street, alley or sidewalk inthe city It is unlawful to obstruct the flowof pedestrian or bicyclist traffic.Please remove all obstructionsimmediately.

M.M.C.08.16.010 (A)(6)(a)
Debris, Rubbish, and Trash from Public Rights-of-Way Please remove all trash anddebris from public view.

M.M.C.08.16.010.A(3)(1),(2,)(3)
Parking or allowing to stand any abandoned, wrecked, dismantled, orinoperative vehicles. Remove all abandoned, wrecked,dismantled and inoperativevehicles.

M.M.C.15.32.010 Fire regulations for the city, the California Fire Code, 2019 editionwith errata (Title 24, Part 9, California Code of Regulations), basedon the 2018 International Fire Code, as published by the CaliforniaBuilding Standards Commission (hereinafter referred to as the"code"). The code provides minimum standards to safeguard life orlimb, health, property and public welfare by regulating and controllingthe conditions hazardous to life and property from fire or explosion.

You must conform with Fire Codestandards.

Date Issued Fee Fee Paid Amount Amount Paid Due Date
04/25/2022 First Citation $100.00 $100.00 05/10/2022
05/12/2022 Second Citation $200.00 $200.00 05/12/2022
05/25/2022 Third Citation $500.00 $0.00 06/09/2022
08/26/2024 Third Citation $500.00 $0.00 08/26/2024
08/26/2024 Third Citation $500.00 $0.00 09/10/2024
08/26/2024 Third Citation $500.00 $0.00 09/10/2024
08/26/2024 Third Citation $500.00 $0.00 09/10/2024
Total Due: $2,500.00

NAME OF ISSUING OFFICER:

Joseph Cota
PLEASE CORRECT VIOLATION(S) BY:

All corrections must be corrected
immediately.

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIATHAT THE FOREGOING IS TRUE AND CORRECT. EXECUTED ON THE DATE SHOWN ABOVE:

NOTICE: Each violation of the code constitutes a nuisance and the collection of any unpaid fines ornuisance abatement costs may be enforced as an assessment or lien against the real property wherethe code violation occurred. Unpaid assessments can result in the property being sold after three yearsby the County Assessor.

The City of Montebello may also submit the account to the Franchise Tax Board (“FTB”) for interagencyintercept collection. FTB operates an intercept program in conjunction with the State Controller’s Office,collecting delinquent liabilities individuals owe to state, local agencies and colleges. FTB intercepts taxrefunds, unclaimed property claims, and lottery winnings owed to individuals. FTB redirects these fundsto pay the individual’s debts to the agencies/colleges (California Government Code §§ 12419.2,12419.7, 12419.9, 12419.10, 12419.11 and 12419.12.) THE LAW REQUIRES THAT YOU TAKE STEPS TO EITHER:
(I) COMPLY with this citation, or (2) CONTEST the violation. To COMPLY with this citation, correct theviolation and pay any required fine. To CONTEST this citation and request a hearing, follow theprocedures listed below, TO PAY THE FINE:

Pay within 72 hours from the date of the citation or be subject to late penalty.

The fine shall be mailed or delivered to: City of Montebello, Finance Department, 1600 West BeverlyBlvd., Montebello, California 90640. The citation number must be written on the face of the check ormoney order. (Do not mail cash!) TO REQUEST AN EXTENSION:

If this citation was issued for a non-emergency, non-transient violation(s) the responsible person mayrequest an extension of time to complete the correction. To request an extension you must do so viaphone or email to the code enforcement officer on the citation within five (5) business days of theissuance of the citation. The request must contain the following information: a description of thecorrections already made, the corrections remaining to be made, the date when the all the correctionsshall be completed. Notice: the maximum extension time is thirty (30) calendar days. The codeenforcement officer, at his or her discretion, may grant less than 30 days or deny an extension.

TO CONTEST:

Any recipient of an. Administrative Citation may contest that there was no violation of the code or thathe/she is the responsible person. To request an Administrative Hearing you must file a request form withthe City Clerk and deposit the amount of the fine 'within five (5) business days of the date the citationwas issued. Administrative hearing request forms are available in the City Clerk's office. The decision ofthe Hearing Officer shall be the City's final administrative decision.

IMPORTANT NOTICE:

The Administrative Citation process described herein does not preclude the City from recovering anyCode violation abatement costs incurred by the City in performing its code enforcement efforts pursuantto the Montebello Municipal Code.

For further information about this Administrative Citation you may call the City's CodeEnforcement Division at (323) 887-1490.

CITY OF MONTEBELLO
1600 West Beverly Blvd, Montebello CA 90640CODE ENFORCEMENT DIVISION(323) [email protected]

ADMINISTRATIVE CITATION
Sent Via:

DATE: 05/25/2022

TORRES, ROGELIO
3981 E 6TH ST
LOS ANGELES, CA 90023

DATE OF ADMINISTRATIVE CITATION:
05/25/2022
CODE ENFORCEMENT CASE NO:

CE22-216
RESPONSIBLE PARTY:

TORRES, ROGELIO
LOCATION OF VIOLATION(S):
1505 DATE ST, MONTEBELLO, CA
90640
DATE OBSERVED: 05/25/2022
TIME OBSERVED: 2:00 PM
PROPERTY OWNER/TENANT:

TORRES, ROGELIO
INSPECTION DATES: 4/25/2022, 5/12/2022,
05/25/2022

APN(s):
6353016012

Codes Description Corrective Action
M.M.C.12.04.470 No person or persons shall obstruct in any manner any street, alley orsidewalk, or to do any act as to interfere in any manner with any freepassage through, along, across any street, alley or sidewalk in the city It is unlawful to obstruct the flow ofpedestrian or bicyclist traffic.Please remove all obstructionsimmediately. Pallets placed on thesidewalk. Please do not block thesidewalk.

Date Issued Fee Fee Paid Amount Amount Paid Due Date
04/25/2022 First Citation $100.00 $0.00 05/10/2022
05/12/2022 Second Citation $200.00 $0.00 05/12/2022
05/25/2022 Third Citation $500.00 $0.00 06/09/2022
Total Due: $800.00

NAME OF ISSUING OFFICER:

Joseph Cota
PLEASE CORRECT VIOLATION(S) BY:

All corrections must be corrected
immediately.

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIATHAT THE FOREGOING IS TRUE AND CORRECT. EXECUTED ON THE DATE SHOWN ABOVE:

NOTICE: Each violation of the code constitutes a nuisance and the collection of any unpaid fines ornuisance abatement costs may be enforced as an assessment or lien against the real property wherethe code violation occurred. Unpaid assessments can result in the property being sold after three yearsby the County Assessor.

The City of Montebello may also submit the account to the Franchise Tax Board (“FTB”) for interagencyintercept collection. FTB operates an intercept program in conjunction with the State Controller’s Office,collecting delinquent liabilities individuals owe to state, local agencies and colleges. FTB intercepts taxrefunds, unclaimed property claims, and lottery winnings owed to individuals. FTB redirects these fundsto pay the individual’s debts to the agencies/colleges (California Government Code §§ 12419.2,12419.7, 12419.9, 12419.10, 12419.11 and 12419.12.) THE LAW REQUIRES THAT YOU TAKE STEPS TO EITHER:
(I) COMPLY with this citation, or (2) CONTEST the violation. To COMPLY with this citation, correct theviolation and pay any required fine. To CONTEST this citation and request a hearing, follow theprocedures listed below, TO PAY THE FINE:

Pay within 72 hours from the date of the citation or be subject to late penalty.

The fine shall be mailed or delivered to: City of Montebello, Finance Department, 1600 West BeverlyBlvd., Montebello, California 90640. The citation number must be written on the face of the check ormoney order. (Do not mail cash!) TO REQUEST AN EXTENSION:

If this citation was issued for a non-emergency, non-transient violation(s) the responsible person mayrequest an extension of time to complete the correction. To request an extension you must do so viaphone or email to the code enforcement officer on the citation within five (5) business days of theissuance of the citation. The request must contain the following information: a description of thecorrections already made, the corrections remaining to be made, the date when the all the correctionsshall be completed. Notice: the maximum extension time is thirty (30) calendar days. The codeenforcement officer, at his or her discretion, may grant less than 30 days or deny an extension.

TO CONTEST:

Any recipient of an. Administrative Citation may contest that there was no violation of the code or thathe/she is the responsible person. To request an Administrative Hearing you must file a request form withthe City Clerk and deposit the amount of the fine 'within five (5) business days of the date the citationwas issued. Administrative hearing request forms are available in the City Clerk's office. The decision ofthe Hearing Officer shall be the City's final administrative decision.

IMPORTANT NOTICE:

The Administrative Citation process described herein does not preclude the City from recovering anyCode violation abatement costs incurred by the City in performing its code enforcement efforts pursuantto the Montebello Municipal Code.

For further information about this Administrative Citation you may call the City's CodeEnforcement Division at (323) 887-1490.

CITY OF MONTEBELLO
1600 West Beverly Blvd, Montebello CA 90640CODE ENFORCEMENT DIVISION(323) [email protected]

ADMINISTRATIVE CITATION
Sent Via:

DATE: 05/12/2022

TORRES, ROGELIO
3981 E 6TH ST
LOS ANGELES, CA 90023

DATE OF ADMINISTRATIVE CITATION:
05/12/2022
CODE ENFORCEMENT CASE NO:

CE22-216
RESPONSIBLE PARTY:

TORRES, ROGELIO
LOCATION OF VIOLATION(S):
1505 DATE ST, MONTEBELLO, CA 90640
DATE OBSERVED: 05/11/2022
TIME OBSERVED: 3:00 PM
PROPERTY OWNER/TENANT:

TORRES, ROGELIO
INSPECTION DATES: 4/25/2022, 5/11/2022

APN(s):
6353016012

Codes Description Corrective Action
M.M.C.12.04.470 No person or persons shall obstruct in any manner any street, alley orsidewalk, or to do any act as to interfere in any manner with any freepassage through, along, across any street, alley or sidewalk in the city It is unlawful to obstruct the flow ofpedestrian or bicyclist traffic.Please remove all obstructionsimmediately. Do not block the sidewalk with pallets, or vehicles.

Date Issued Fee Fee Paid Amount Amount Paid Due Date
04/25/2022 First Citation $100.00 $0.00 05/10/2022
05/12/2022 Second Citation $200.00 $0.00 05/12/2022
Total Due: $300.00

NAME OF ISSUING OFFICER:

Joseph Cota
PLEASE CORRECT VIOLATION(S) BY:

All corrections must be corrected
immediately.

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIATHAT THE FOREGOING IS TRUE AND CORRECT. EXECUTED ON THE DATE SHOWN ABOVE:

NOTICE: Each violation of the code constitutes a nuisance and the collection of any unpaid fines ornuisance abatement costs may be enforced as an assessment or lien against the real property wherethe code violation occurred. Unpaid assessments can result in the property being sold after three yearsby the County Assessor.

The City of Montebello may also submit the account to the Franchise Tax Board (“FTB”) for interagencyintercept collection. FTB operates an intercept program in conjunction with the State Controller’s Office,collecting delinquent liabilities individuals owe to state, local agencies and colleges. FTB intercepts taxrefunds, unclaimed property claims, and lottery winnings owed to individuals. FTB redirects these fundsto pay the individual’s debts to the agencies/colleges (California Government Code §§ 12419.2,12419.7, 12419.9, 12419.10, 12419.11 and 12419.12.) THE LAW REQUIRES THAT YOU TAKE STEPS TO EITHER:
(I) COMPLY with this citation, or (2) CONTEST the violation. To COMPLY with this citation, correct theviolation and pay any required fine. To CONTEST this citation and request a hearing, follow theprocedures listed below, TO PAY THE FINE:

Pay within 72 hours from the date of the citation or be subject to late penalty.

The fine shall be mailed or delivered to: City of Montebello, Finance Department, 1600 West BeverlyBlvd., Montebello, California 90640. The citation number must be written on the face of the check ormoney order. (Do not mail cash!) TO REQUEST AN EXTENSION:

If this citation was issued for a non-emergency, non-transient violation(s) the responsible person mayrequest an extension of time to complete the correction. To request an extension you must do so viaphone or email to the code enforcement officer on the citation within five (5) business days of theissuance of the citation. The request must contain the following information: a description of thecorrections already made, the corrections remaining to be made, the date when the all the correctionsshall be completed. Notice: the maximum extension time is thirty (30) calendar days. The codeenforcement officer, at his or her discretion, may grant less than 30 days or deny an extension.

TO CONTEST:

Any recipient of an. Administrative Citation may contest that there was no violation of the code or thathe/she is the responsible person. To request an Administrative Hearing you must file a request form withthe City Clerk and deposit the amount of the fine 'within five (5) business days of the date the citationwas issued. Administrative hearing request forms are available in the City Clerk's office. The decision ofthe Hearing Officer shall be the City's final administrative decision.

IMPORTANT NOTICE:

The Administrative Citation process described herein does not preclude the City from recovering anyCode violation abatement costs incurred by the City in performing its code enforcement efforts pursuantto the Montebello Municipal Code.

For further information about this Administrative Citation you may call the City's CodeEnforcement Division at (323) 887-1490.

CITY OF MONTEBELLO
1600 West Beverly Blvd, Montebello CA 90640CODE ENFORCEMENT DIVISION(323) [email protected]

ADMINISTRATIVE CITATION
Sent Via:

DATE: 04/25/2022

TORRES, ROGELIO
3981 E 6TH ST
LOS ANGELES, CA 90023

DATE OF ADMINISTRATIVE CITATION:
04/25/2022
CODE ENFORCEMENT CASE NO:

CE22-216
RESPONSIBLE PARTY:

TORRES, ROGELIO
LOCATION OF VIOLATION(S):
1505 DATE ST, MONTEBELLO, CA 90640
DATE OBSERVED: 04/25/2022
TIME OBSERVED: 3:00 PM
PROPERTY OWNER/TENANT:

TORRES, ROGELIO
INSPECTION DATES: 4/25/2022

APN(s):
6353016012

Codes Description Corrective Action
M.M.C.12.04.470 No person or persons shall obstruct in any manner any street, alley orsidewalk, or to do any act as to interfere in any manner with any freepassage through, along, across any street, alley or sidewalk in the city It is unlawful to obstruct the flow ofpedestrian or bicyclist traffic.Please remove all obstructionsimmediately. observed palletsplaces on the sidewalk and street.Do not place pallets on sidewalkand street.

Date Issued Fee Fee Paid Amount Amount Paid Due Date
04/25/2022 First Citation $100.00 $0.00 05/10/2022
Total Due: $100.00

NAME OF ISSUING OFFICER:

Joseph Cota
PLEASE CORRECT VIOLATION(S) BY:

All corrections must be corrected
immediately.

I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIATHAT THE FOREGOING IS TRUE AND CORRECT. EXECUTED ON THE DATE SHOWN ABOVE:

NOTICE: Each violation of the code constitutes a nuisance and the collection of any unpaid fines ornuisance abatement costs may be enforced as an assessment or lien against the real property wherethe code violation occurred. Unpaid assessments can result in the property being sold after three yearsby the County Assessor.

The City of Montebello may also submit the account to the Franchise Tax Board (“FTB”) for interagencyintercept collection. FTB operates an intercept program in conjunction with the State Controller’s Office,collecting delinquent liabilities individuals owe to state, local agencies and colleges. FTB intercepts taxrefunds, unclaimed property claims, and lottery winnings owed to individuals. FTB redirects these fundsto pay the individual’s debts to the agencies/colleges (California Government Code §§ 12419.2,12419.7, 12419.9, 12419.10, 12419.11 and 12419.12.) THE LAW REQUIRES THAT YOU TAKE STEPS TO EITHER:
(I) COMPLY with this citation, or (2) CONTEST the violation. To COMPLY with this citation, correct theviolation and pay any required fine. To CONTEST this citation and request a hearing, follow theprocedures listed below, TO PAY THE FINE:

Pay within 72 hours from the date of the citation or be subject to late penalty.

The fine shall be mailed or delivered to: City of Montebello, Finance Department, 1600 West BeverlyBlvd., Montebello, California 90640. The citation number must be written on the face of the check ormoney order. (Do not mail cash!) TO REQUEST AN EXTENSION:

If this citation was issued for a non-emergency, non-transient violation(s) the responsible person mayrequest an extension of time to complete the correction. To request an extension you must do so viaphone or email to the code enforcement officer on the citation within five (5) business days of theissuance of the citation. The request must contain the following information: a description of thecorrections already made, the corrections remaining to be made, the date when the all the correctionsshall be completed. Notice: the maximum extension time is thirty (30) calendar days. The codeenforcement officer, at his or her discretion, may grant less than 30 days or deny an extension.

TO CONTEST:

Any recipient of an. Administrative Citation may contest that there was no violation of the code or thathe/she is the responsible person. To request an Administrative Hearing you must file a request form withthe City Clerk and deposit the amount of the fine 'within five (5) business days of the date the citationwas issued. Administrative hearing request forms are available in the City Clerk's office. The decision ofthe Hearing Officer shall be the City's final administrative decision.

IMPORTANT NOTICE:

The Administrative Citation process described herein does not preclude the City from recovering anyCode violation abatement costs incurred by the City in performing its code enforcement efforts pursuantto the Montebello Municipal Code.

For further information about this Administrative Citation you may call the City's CodeEnforcement Division at (323) 887-1490.

ATTACHMENT C

ITEM # 6

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
Nelly Ochoa, Deputy City Clerk

SUBJECT: ADOPT RESOLUTION NO. 24-71 AMENDING THE CONFLICT OF

INTEREST CODE BY RESCINDING AND REPLACING RESOLUTION
22-04 REVISING THE LIST OF DESIGNATED POSITIONS REQUIRED

TO FILE PERIODIC STATEMENTS OF ECONOMIC INTERESTS (FORM 700) AND THEIR DISCLOSURE CATEGORIES

DATE: September 25, 2024

RECOMMENDATIONS:

It is recommended that the City Council:

1. Adopt Resolution No.24-71 rescinding and replacing Resolution No. 22-04, thereby updating the appendix to the local Conflict of Interest Code to revise the list of designated positions required to file Statements of Economic Interests (Form 700) and their disclosure categories; and

2. Direct the City Clerk's Office to file the 2024 Local Biennial Notice with the Fair Political Practices Commission (FPPC); and

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

FISCAL IMPACT:

There is no fiscal impact related to the recommended actions.

BACKGROUND/DISCUSSION:

The Political Reform Act of 1974 (Government Code Section 81000, et seq.) mandates that the "code reviewing body," in this case, the City Council, adopt a Conflict of Interest Code for each local agency within its jurisdiction. The Code must designate employee positions within each agency that are required to disclose economic interests. Any

CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 25, 2024

position that makes or participates in making governmental decisions that could foreseeably have a material effect on the individual's financial interests must be designated in the Conflict of Interest Code.

It is important to note that certain City officials, including the City Council, City Manager, City Attorney, and Planning Commissioners, are required to disclose economic interests under Government Code Section 87200, rather than under the City’s Conflict of Interest Code. The City Council last amended the City of Montebello’s Conflict of Interest Code in 2022 with the adoption of Resolution No. 22-04. It is now necessary to rescind and replace Resolution No. 22-04 to update the City's Conflict of Interest Code in accordance with the Political Reform Act of 1974.

ENVIRONMENTAL:

N/A

ANALYSIS:

Government Code Section 87306.5 requires that the City review its Conflict of Interest Codes biennially, in even-numbered years, to determine whether revisions or amendments are necessary. City staff has conducted this review and concluded that the list of designated employees included in the City’s Conflict of Interest Code requires updating. The inclusion of specific staff positions in the Conflict of Interest Code is based on whether those positions are involved in making or participating in making governmental decisions. The List of Designated Employees, attached as "Appendix A" to the Resolution, reflects the current employee positions that qualify as filers under the provisions of the Political Reform Act and its implementing regulations.

SUMMARY:

The City Attorney’s Office and Human Resources Department have reviewed the Conflict of Interest Code and amendments. It would be appropriate for the City Council to adopt Resolution No. 24-71, rescinding and replacing Resolution No. 22-04, effectively updating the Conflict of Interest Code for the City of Montebello.

ATTACHMENT(S)

1. Attachment A - Resolution No. 24-71 - Conflict of Interest Code Update

ATTACHMENT A
RESOLUTION NO. 24-71

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MONTEBELLO, CALIFORNIA, RESCINDING AND REPLACING
RESOLUTION NO. 22 -04 TO AMEND THE CONFLICT OF INTEREST

CODE FOR THE CITY OF MONTEBELLO IN ACCORDANCE WITH THE

POLITICAL REFORM ACT

RECITALS

WHEREAS, the Political Reform Act of 1974, Government Code Sections 81000 et seq., requires the City of Montebello to adopt, promulgate, and take action regarding the adoption of a Conflict of Interest Code; and

WHEREAS, the Fair Political Practices Commission has adopted Title 2, Division 6, California Code of Regulations, Section 18730, which contains the terms of a Standard Conflict of Interest Code, which can be incorporated by reference, and which may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act after public notice and hearings; and

WHEREAS, the Political Reform Act, Government Code Section 87306.5 requires every government agency to conduct biennial reviews of their Conflict of Interest Code; and

WHEREAS, the City Council last amended the City of Montebello’s Conflict of Interest Code in 2022 with the adoption of Resolution No. 22-04; and

WHEREAS, it is necessary to rescind and replace Resolution No. 22-04 to update the City’s Conflict of Interest Code in accordance with the Political Reform Act; and

WHEREAS, the City Council approves and accepts City staff’s completed review of the Conflict of Interest Code and recommended changes to same.

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

SECTION 1. RESCINDS AND AMENDS. The City of Montebello rescinds Resolution No. 22-04 and amends the City of Montebello Conflict of Interest Code with the adoption of Resolution No. 24-71.

SECTION 2. ADOPTION. In compliance with Government Code Section 87300, the terms of Regulation 2, California Code of Regulations, Section 18730 – The Standardized Conflict of Interest Code and any amendments to it , duly adopted by the Fair Political Practices Commission, along with the attached Appendices in which officials and employees are designated and disclosure categories are set forth, are hereby incorporated by reference and constitute the Conflict of Interest Code of the City of Montebello (Exhibit “1”), which is considered the “Agency” within the purview of this Code.

RESOLUTION NO. 24-71

SECTION 3. STATEMENTS. Designated employees shall file their statements with the Senior Deputy City Clerk, who shall be and perform the duties of filing officer for the City of Montebello. All newly designated employees shall file an initial statement within thirty (30) days after the effective date of the herein Code. The annual Statement of Economic Interests shall be duly filed no later than April 1 of each calendar year.

Statements will be available for inspection and reproduction pursuant to Government Code section 81008.

SECTION 4. PUBLIC OFFICIALS AND EMPLOYEES DESIGNATED. Attached as Appendix “A” to this Resolution and incorporated by reference herein is the updated list of the Public Officials and Employees designated and covered by this code.

SECTION 5. DISCLOSURE CATEGORIES . Attached as Appendix “B” to this Resolution and incorporated by reference herein are the updated Disclosure Categories of this code.

SECTION 6. SAVINGS CLAUSE . Any change provided for in this Conflict of Interest Code shall not affect or excuse any offense or act committed or done or omission or any penalty or forfeiture incurred or accruing under any other Conflict of Interest Code; nor shall it affect any prosecution, suit, or proceeding pending or any judgment rendered in connection with any other Conflict of Interest Code.

SECTION 7. EFFECTIVE DATE. This Resolution supersedes previous Resolution No. 22-04 and shall take effect immediately upon its adoption by the City Council . The City Clerk shall certify to the passage and adoption of this Resolution.

APPROVED AND ADOPTED THIS 25TH DAY OF SEPTEMBER 2024.

_______________________________
Scarlet Peralta, Mayor

ATTEST: APPROVED AS TO FORM:

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

RESOLUTION NO. 24-71

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- 71 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 25 th day of September
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

Exhibits:
• Exhibit 1 – Conflict of Interest Code

Appendices:
• Appendix A – List of Designations
• Appendix B – Disclosure Categories

CONFLICT OF INTEREST CODE

CITY OF MONTEBELLO
SECTION 1. AUTHORITY. This code i s adopted pursuant to and in compliance with Section 87300 of the California Government Code.

SECTION 2. STANDARDIZED CODE ADOPTED. The terms of Title 2, Division 6, California Code of Regulations, Section 18730, and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference, and along with the attached Appendix “A,” in which officials and employees are specified and designated, and Appendix “B”, in which disclosure categories are set forth, to constitute the Conflict of Interest Code of the City of Montebello which is considered the “Agency” within the purview of this Code.

The herein Conflict of Interest Code of the City of Montebello, so adopted, amends any Conflict of Interest Code of the City of Montebello, previously in effect, to conform to the herein newly adopted Code. All terms or words in this Conflict of Interest Code and in its Exhibits shall have such meanings as are associated hereto in the Political Reform Act, as amended from time to time.

SECTION 3. STATEMENTS. Designated employees shall file statements of economic interests with the Senior Deputy City Clerk, who shall be and will perform the duties of filing officer for the City of Montebello. All newly designated employees shall file an initial statement within thirty days after the effective date of the herein Code. The annual statement of economic interests shall be duly filed no later than April 1 of each calendar year.

SECTION 4. EFFECTIVE DATE. This Code shall take effec t immediately upon its approval by the City Council of the City of Montebello.

EXHIBIT 1

APPENDIX “A”

LIST OF DESIGNATIONS
The following is a listing of those persons who are required to submit Statements of Economic Interests pursuant to the Political Reform Act of 1974, as amended:

Public Officials required to file Disclosure Statements:

Mayor
City Council
City Manager
City Clerk
City Treasurer
City Attorney

Note: All the above are category 1 filers.

Commission Members required to File Disclosure Statements:

Planning Commission
Fiscal Accountability and Investment Committee
Civil Service Commission
Parks and Recreation Commission
Traffic and Safety Commission

Note: All the above are category 1 filers.

Designated Position Disclosure
Categories
Accountant 1, 4
Accounting Manager 1, 4
Accounting Supervisor* 1,4
Administrative Manager 1, 4
Assistant City Manager 1, 4, 6, 7, 8, 9
Assistant Director of Finance 1, 4, 6, 9
Assistant Director of Fire 1, 4, 7
Assistant Director of Human Resources 1, 4, 6, 8, 9
Assistant Director of Planning and Community Development 1, 4, 6, 7 Assistant Director of Public Affairs 1, 4, 7, 8
Assistant Director of Public Works 1, 4, 6
Assistant Director of Recreation and Community Services 1, 4, 6 Assistant Director of Transportation 1, 4
Assistant Fire Chief 1, 4
Assistant Police Chief 1, 4
Associate Engineer* 1, 4, 6
Building Inspector 1, 4, 6
Building Maintenance Supervisor* 1, 5, 6
Building Official 1, 4, 6
Captain (Fire/Police) 1, 4

Designated Position Disclosure
Categories
Code Enforcement Manager 1, 4, 6, 7
Code Enforcement Officer* 1, 4
Community Risk Reduction Coordinator 1, 4
Construction Manager 1, 4, 6
Deputy Director 1, 4
Deputy Director of Economic Development* 1, 4, 6, 7
Deputy Director of Finance 1, 4, 6, 9
Deputy Director of Public Works* 1, 4, 6
Deputy Director of Transportation* 1, 4 ,6
Deputy Fire Chief* 1, 4
Director of Finance 1, 4, 6, 9
Director of Human Resources 1, 4, 6, 8, 9
Director of Planning & Community Development 1, 4, 6, 7 Director of Public Works 1, 4, 6
Director of Recreation & Community Services 1, 4, 6
Director of Transportation 1, 4
Economic Development Coordinator* 1, 4, 6
Economic Development Manager 1, 4, 6
Field Response Coordinator* 1, 5, 7
Finance Manager 1, 4, 6, 9
Finance Supervisor 1, 4, 6, 9
Fire Battalion Chief 1, 4
Fire Chief 1, 4
Fire Captain 1, 4
Fire Inspector I/II 1, 4
Fire Marshal 1, 4
Fleet Maintenance Manager 1, 4, 6
Fleet Maintenance Supervisor* 1, 5, 6
Fleet Services Manager 1, 4, 6
Fleet Services Supervisor 1, 5, 6
Golf Course Facilities Manager 1, 4, 6
Grants and Project Administrator 1, 4, 7
Housing Manager 1, 4, 6, 7
Human Resources Analyst 1, 5, 8
Human Resources Manager 1, 4, 6, 8, 9
Information Systems Manager 1, 4, 6
Information Systems Supervisor* 1, 4, 6
Maintenance Manager 1, 4, 6
Management Analyst 1, 4
Office Manager* 1, 5
Park Maintenance Supervisor* 1, 5, 6
Planning Manager 1, 4, 6
Police Captain 1, 4
Police Chief 1, 4
Police Lieutenant* 1, 4

Designated Position Disclosure
Categories
Police Records Supervisor* 1, 5
Principal Engineer 1, 4, 6
Principal Risk Officer 1, 4, 6, 9
Public Affairs Manager 1, 4
Public Information Coordinator 1, 4
Public Information Officer 1, 4
Public Safety Radio Supervisor* 1, 4, 6
Public Works Inspector 1, 4, 6
Public Works Manager 1, 4, 6
Public Works Superintendent 1, 4, 6
Recreation Manager 1, 4, 6
Revenue Supervisor* 1, 4
Risk Manager 1, 4, 6, 8, 9
Senior Accountant* 1, 4, 6
Senior Building Inspector 1, 4, 6
Senior Deputy City Clerk 1, 4
Senior Economic Development Coordinator* 1, 4, 6
Senior Fire Inspector* 1, 4
Senior Human Resources Analyst* 1, 4, 6, 8, 9
Senior Management Analyst 1, 4, 6, 7
Senior Planner* 1, 4, 6
Senior Procurement Analyst 1, 4, 6, 7, 8, 9
Social Work Supervisor 1, 4, 7
Street Maintenance Supervisor* 1, 5, 6
Superintendent/Facility Manager 1, 4, 6
Transit Administration Manager 1, 4
Transit Assistant Manager* 1, 4
Transit Finance Supervisor 1, 4
Transit Operations Manager 1, 4, 6
Transit Planner* 1, 5
Transit Supervisor* 1, 5
Warehouse Supervisor* 1, 5

CONSULTANTS

Consultant that make or participate in making government decisions shall disclose information required by Categories 1, and 4 herein, subject to the following limitation:

The City Manager may determine in writing that a particular consultant, although a “designated position,” is hired to perform a range of duties that is limited in scope and this is not required to comply fully with the disclosure requirements described in this section. Such written determination shall include a description of the consultant’s duties and, based upon that description, a statement of the extent of the disclosure requirements. The City Manager’s determination is public record and shall be retained for public inspection in the same manner and location as this conflict of interest code.
1, 4
*indicates new positions

APPENDIX “B”

DISCLOSURE CATEGORIES

Definition

'"Unit" as used in this text means the particular department, board, commission, office or other entity using the disclosure category.

Category

1. All investments, business positions, sources of income, including gifts, loans, and travel payments, and interests in real property located in the jurisdiction, including property located within a two-mile radius of any property owned or used by the City.

2. All investments, business positions and sources of income, including gifts, loans, and travel payments.

3. All interests in real property located in the jurisdiction, including property located within a two-mile radius of any property owned or used by the City.

4. All investments, business positions, and sources of income, including gifts, loans, and travel payments from sources that provide leased facilities, supplies, equipment, vehicles, machinery, or services, including training or consulting services of the type utilized by the City

5. All investments, business positions, and sources of income, including gifts, loans, and travel payments from sources that provide leased facilities, supplies, equipment, vehicles, machinery, or services, including training or consulting services of the type utilized by the employee's unit or area of authority.

6. All investments and business positions in business entities and income from sources
engaged in construction, development, building or material supply, including public works projects.

7. All investments, business positions, and sources of income, including gifts, loans, and
travel payments, or income from a nonprofit organization, if the source is of the type to receive grants or other monies from or through the City.

8. All investments and business positions in, and income from business entities or employment agencies which provide employment or pre-employment services.

Services include, but are not limited to testing, training, consulting, job classification studies and salary surveys.

9. Investments and business positions in, and income from business entities which are the type to provide any of the various types of employee insurance coverage and/or actuarial services.

ITEM # 7

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Fernando Pelaez, Fire Chief
Angelica Palmeros, Deputy Director

SUBJECT: APPROVE ISSUING REQUEST FOR PROPOSAL (RFP) NO. 25-01 FOR PROPOSITION 64 GRANT PROJECT EVALUATOR SERVICES

DATE: September 25, 2024

RECOMMENDATIONS:

It is recommended that the City Council:

1. Authorize issuing Request-for-Proposal (RFP) No. 25-01 for a Proposition 64 Grant Project Evaluator; and

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

FISCAL IMPACT:

The solicitation of the RFP for these services poses no additional fiscal impact on the adopted budget. Upon review of the proposals, Staff will return to City Council to award an agreement and if necessary, recommend budget amendments at that time. Expenses related to the project evaluator services will be funded through Proposition 64 grant funds (Fund 268).

BACKGROUND/DISCUSSION:

In November 2022, the City of Montebello submitted a Letter of Intent to apply for the Board of State and Community Corrections’ Proposition 64 Public Health and Safety Grant Program – Cohort 3. In December 2022, staff submitted a grant application and was later notified in 2023 that the City had been awarded $1,278,987 to carry out the proposed projects outlined in the City’s grant application. This project runs through April 2028.

The original grant proposal consisted of five tasks:

Task 1: Training, supplies, and needs assessment/coordination for public safety staff Task 2: Hazardous Materials Removal

CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 25, 2024

Task 3: South Montebello National Night Out Resident/public safety relationship building and resource fair
Task 4: Signage to promote public health awareness
Task 5: Sustainability planning

Per the requirements in the original grant instruction packet and the City’s proposed project, staff is now seeking a Grant Project Evaluator who can assist with the project evaluation portion of this grant project. Staff is seeking a qualified Grant Program Evaluator to conduct and carry out various forms of data collection, analysis, and reporting relating to the effectiveness of the implemented programs. A list of detailed requirements and duties are listed in the attached RFP No. 25-01 (Attachment A).

The Request for Proposal (RFP) timeline is presented below:

Release RFP: September 26, 2024 Online Q & A Deadline: October 15, 2024, at 11 am Deadline to Submit Responses: October 28, 2024, at 11 am City Review of Submissions: Early/Mid-November 2024 Notifications Sent to Vendors: Early/Mid-December 2024 Award: January 2025

If authorized, staff will issue RFP No. 25-01 to obtain pricing for grant project evaluator services. Staff is seeking an agreement with a minimum term of three (3) years with two, one-year extension options. After the RFP review and scoring process and a consultant is chosen, staff will return for City Council approval of a professional services agreement.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

Staff is requesting authorization to issue an RFP No. 25-01 to solicit a Grant Project Evaluator for the City’s Proposition 64 Grant Project. The proposed timeline for completing this RFP and commencing a new agreement for these services is January 2025.

ATTACHMENT(S)

1. ATTACHMENT A - Draft RFP 25-01- Project Evaluator for prop 64

1 CITY OF MONTEBELLO
Request for Proposals

RFP No. 25-01

Request for Proposal for Prop 64 Grant Project
Evaluator

Release Date: Thursday, September 26, 2024

Questions Due: Tuesday, October 15, 2024, at 11 a.m. PDT

Due Date: Monday, October 28, 2024, at 11 a.m. PDT

ATTACHMENT A

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
September 26, 2024

PROJECT
Request for Proposal for Prop 64 Grant Project Evaluator

PROPOSAL OWNER
City of Montebello – Department of Fire Administration
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 Finance
1600 West Beverly Boulevard
Montebello, CA 90640
Attn: Angelica Palmeros, Assistant Director of Fire
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 Tuesday, October 15, 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 6

6.0 Vendor Qualifications 8

7.0 Proposal Submittal 8

8.0 Evaluation of Proposal 9

9.0 Proposal Protests 9

10.0 Execution of Agreement 11

11.0 Insurance 11

12.0 Use of Federal Funds 13

13.0 Non-Commitment of City 14

14.0 Labor Requirements 14

15.0 Records 14

16.0 Subcontractors 14

17.0 Modifications/Changes 14

18.0 Disclosure of Information 15

19.0 Ex-Parte Communications 15

20.0 City of Montebello Rights 15

Appendix A – Proposal Content and Format
Appendix B – Sample Professional Services Agreement
Appendix C – References
Appendix D- Proposition 64 Grant Guidelines

5 1.0 Notice Inviting Proposals
The Montebello Fire Department is seeking a qualified Project Evaluator to assist with the evaluation of the department’s approved project for the Proposition 64 Grant that was awarded by the State of California’s Board of State and Community Corrections (BSCC).

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 Tuesday, October 15, 2024, at 11:00 a.m. PST.

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

Proposals must be submitted via PlanetBids by Monday, October 28, 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 ( “City”) is seeking proposals from highly qualified consulting professionals experienced in managing and overseeing grants throughout the entire project. The City is seeking to hire a Project Evaluator who will handle the Prop 64 grant throughout the entire project and complete all required evaluation s of the grant process.

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, September 26, 2024
• Online Q&A Deadline Tuesday, October 15, 2024,11 a.m. PDT • Deadline to Submit Responses Monday, October 28, 2024, at 11 a.m. PDT • City Review of Submissions Early/Mid-November 2024
• Notifications Sent to Vendors Early/Mid-December2024 • Award January 2025

4.0 Purpose
The City is seeking a qualified consultant to oversee and manage this program to its entirety. The project evaluator applying should have significant experience in providing this type of service.

This grant project has yet to be started and will consist of various tasks, including:

Task 1: Training, supplies, and needs assessment/coordination for public safety staff Task 2: Hazardous Materials Removal
Task 3: South Montebello National Night Out Resident/public safety relationship building and resource fair
Task 4: Signage to promote public health awareness
Task 5: Sustainability planning

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.

7 5.0 Scope of Work/Services
The City desires to obtain a project evaluator to provide the services required under the Proposition 64 Grant Guidelines (attached , including but not limited to the following.

The Project Evaluator will develop data collection forms, as needed, and train staff in data collection methods. The Evaluation Plan will shift as much of the data collection responsibility to the project evaluator as possible, as City staff have limited capacity.

The Project Evaluator will conduct all structured interviews throughout the project.

Data collection activities may include but are not limited to:
• Process data collection for project training(s)
• Post-training self -evaluations to assess changes in knowledge and awareness (project evaluator to summarize).
• Structured interviews with select Police, Fire/EMS, and Code Enforcement officers/officials each year to collect qualitative data about how training and supplies have filled gaps to identify ongoing needs and to assess the impact of the National Night Out campaign.
• Feedback from community participants of the annual National Night Out campaign via sticker dot surveys and structured interviews.
• Process data collection for hazardous materials removal

The evaluator will use both quantitative and qualitative approaches to assess whether the project met its objectives . Additionally, s imple descriptive statistics (i.e., counts, averages, percentages) will measure process variables such as the number of employees receiving training and the number of community members attending the National Night Out event year to year. To assess whether the project achieved its intended outcomes, the Project Evaluator will analyze the qualitative data by reviewing the data, creating a simple coding scheme, coding the data, and identifying/interpreting themes and patterns.

The evaluator will prepare any evaluation documents and/or reports as part of the overall evaluation of this program. The project evaluator will be involved with the project during the entire evaluation process and will do assigned tasks as needed and required for the evaluation of the project. The evaluation period will be over once the project is completed, but the final grant deadline to submit the Final Local Evaluation Report is October 31, 2028.

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

A. Experience working with safety departments such as Police and Fire.

8 B. Demonstrate a proven record of success rate in grant funding awards

C. Specialty in health , mental health , community outreach and prevention , emergency management, fire services , and other topics related to public safety grants is preferred.

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

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

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

i. Qualifications as they relate to this project - 65% a. Thoroughness and understanding of the tasks to be completed b. Background and experience
c. Knowledge of the City of Montebello
d. Experience of personnel assigned to the work

9 e. Communication Skills

ii. Reputation for integrity and competence – 15%
a. Positive Reference Checks
b. Work Samples

iii. Proposed fees for services – 20%

9.0 Protest Procedures
Proposal Protest Procedures (Before Proposal Opening)
A protest filed before the proposal opening must be filed in writing 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:

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.

10 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 delay ed by failure to make the award promptly; or
• Failure to make a prompt award will otherwise cause undue harm to the City.

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

After the exhaustion of administrative remedies, the protesting party will be 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 ) shall be signed by the successful Vendor and returned within the required insurance within ten (10) business days after the City has pr ovided 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:

11 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.

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.

E. Cyber Liability
If the contractor holding confidential and sensitive information belonging to the City in its own database coverage may be required.

Required Insurance Documentation

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

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

In general, any contract deemed sole source, professional/professional services, 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

13 provide a brief explanation for the request. Requests will be reviewed on a case -by- case basis, and the decision will ultimately depend on the scope of services. The final decision to approve or deny a request will be at the City's legal authority and/or an authorized designee's discretion.

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
• 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

14 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.

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

15 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 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

16 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 – References

Appendix D – Proposition 64 Grant Guidelines

ITEM # 8

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Cesar Roldan, Director of Public Works

SUBJECT: AWARD A CONSTRUCTION CONTRACT TO ESTATE DESIGN AND CONSTRUCTION, INC. FOR THE DOG PARK AT ACUÑA PARK – CP
922

DATE: September 25, 2024

RECOMMENDATIONS:

It is recommended that the City Council:

1. Award a construction contract to Estate Design and Construction, Inc. for the dog park at Acuña Park (CP 922) in the amount of $632,071 plus a 10% construction contingency of $63,207 for a total contract amount of $695,278; and

2. Amend the Fiscal Year 2024-25 budget by increasing appropriations by $695,278 in Account No. 100-70-710-6040.10 (General Fund, Parks and Recreation, Recreation, Contract Services Outside Contracts) for the construction of the dog park; and

3. Authorize the City Clerk’s Office to release all-other bidders’ bonds; and

4. Authorize the City Manager to execute the construction contract agreement and all change orders in good faith; and

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

FISCAL IMPACT:

Staff recommends awarding the construction contract to Estate Design and Construction, Inc. as the most responsive and responsible bidder for the amount of $632,071 with a 10% construction contingency of $63,207 in the event of any unforeseen unaccounted costs, risks, events, or changes in scope that may affect the project's cost over the course of its life.

The adopted Fiscal Year 2024-25 Capital Improvement Program (CIP) budget does not

CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 25, 2024

include appropriations in these amounts; therefore, a budget amendment will be needed.

Staff recommends amending the Fiscal Year 2024-25 Budget by increasing appropriations by $695,278 in Account No. 100-70-710-6040.10 (General Fund, Parks and Recreation, Recreation, Contract Services Outside Contracts).

Staff requests authorization to allow the City Manager to execute all contract changes orders approved and negotiated in good faith by the Director of Public Works.

BACKGROUND/DISCUSSION:

On June 26, 2024, the City Council authorized staff to advertise the Notice Inviting Bid (NIB) for construction of a dog park at Acuña Park (CP 922). At the August 14, 2024 City Council meeting, bids were rejected and the City Council subsequently authorized staff to rebid the project.

The NIB was re-published on August 19, 2024, in a newspaper of general circulation.

Bidders accessed the contract specifications via PlanetBids. Bids were received electronically via PlanetBids on September 12, 2024:

Contractors Bid
1 Estate Design and Construction Inc. $632,071.14
2 Al's Engineering, Inc. $634,482.45
3 Ramco, General Engineering Contractors, Inc. $674,531.20 4 C.S. Legacy Construction, Inc $696,099.42
5 Aguilar & Calderon Corporation $715,139.00
6 California Landscape & Design Inc. $716,306.35
7 We R Builders, Inc. $749,118.25
8 Axiom Group $795,658.25
9 Victorious R.E.D $814,000.00
10 MBC Enterprises Inc. $1,497,143.00

The bid analysis was conducted to ensure that the most responsive, responsible bid met all state and local requirements. Based on the investigation, staff’s recommendation is to award Estate Design and Construction, Inc. the construction contract (Attachment A) as the most responsive, responsible bidder. The remaining bid proposals are available in the City Clerk’s Office for review and the itemized bid results for comparative analysis are included in Attachment B.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 25, 2024

SUMMARY:

Staff recommends awarding the construction contract to Estate Design and Construction, Inc. as the most responsive and responsible bidder for the amount of $632,071. The General Fund appropriations include funds for a 10% construction contingency of $63,207 in the event of any unforeseen unaccounted costs, risks, events, or changes in scope that may affect the project’s cost over the course of its life. The total contract award amount -- including the 10% contingency -- is $695,278. Staff also recommends amending the FY 2024-25 budget by increasing appropriations by $695,278 in Account No. 100-70-710-6040.10 (General Fund, Parks and Recreation, Recreation, Contract Services Outside Contracts).

ATTACHMENT(S)

1. Attachment A - Estate Design and Construction, Inc. Agr. No. 4227

2. Attachment B - Bid Results CP 922

D
-1
CI

TY OF MONTEBELLO
PR
OFESSIONAL SERVICES AGREEMENT NO. 4227
WITH ESTATE DESIGN AND CONSTRUCTION, INC.

THIS STANDARD PUBLIC WORKS AGREEMENT (“AGREEMENT”) is made and entered into on September 25, 2024 (“Effective Date”) by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and ESTATE DESIGN AND CONSTRUCTION, INC., a California corporation (“CONTRACTOR”). The CITY and CONTRACTOR are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”
RE
CITALS
W
HEREAS, the CITY desires to retain a qualified professional contractor to construct a dog park at Acuña Park Project – CP 922 (“PROJECT”); and
W
HEREAS, on September 25, 2024, the CITY’s City Council (“City Council”) accepted the bid of CONTRACTOR as the lowest responsible, responsive bid received and directed that a written contract be entered into with CONTRACTOR for the PROJECT; and W
HEREAS, CONTRACTOR 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.

NO
W, THEREFORE , in consideration of the promises and the mutual covenants and agreements herein contained, the parties do hereby agree as follows:

SECT
ION 1. INCORPORATION OF RECITALS AND CONTRACT DOCUMENTS a
. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover , the “CONTRACT DOCUMENTS” for the PROJECT shall consist of the Notice Inviting Sealed Bids, the Instructions to Bidders, Bidders Proposal, Project Manual and Special Provisions, Addendums, CONTRACTOR’s Bid for the PROJECT, Scope of Work, general specifications and all referenced specifications, details, standard drawings, and appendices, together with this Agreement and all required bon ds, and insurance certificates. All of the “ Agreement Documents” are intended to complement the other documents so that any work called for in one, and not mentioned in the others, or vice versa, is to be executed the same as if mentioned in all of said documents. The CONTRACT DOCUMENTS are incorporated herein by this reference and made part hereof as though they were fully set forth herein.

ATTACHMENT A

STANDARD PUBLIC WORKS AGREEMENT NO. 4227
CP No. 922

D-2

b. In case any of the CONTRACT DOCUMENTS conflict with each other, the order of preference for the CONTRACT DOCUMENTS is:

1. This AGREEMENT and its Exhibits and or Attachments, including any and all addenda or supplemental agreements.

2. CONTRACTOR’S September 12, 2024 Proposal

3. Standard drawings

4. Details

5. Special provisions, if any

6. General specifications and all referenced specifications

SECTION 2. THE WORK

For and in consideration of the payments and agreements to be made and performed by the CITY, CONTRACTOR agrees to furnish all materials and perform all work required for the PROJECT and to fulfill all other obligations as set forth in the CONTRACT DOCUMENTS.

SECTION 3. TERM; AND TIME FOR COMPLETION

a. The work shall commence upon issuance of a written “Notice to Proceed” (as further defined below) by the CITY. This Agreement shall expire on June 30, 2025, unless terminated earlier as hereinafter provided. This Agreement may be extended for an additional six (6) months 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 the CITY’s applicable, department head.

SECTION 4. COMPENSATION

CONTRACTOR hereby agrees to receive and accept the total lump sum amount of Six Hundred Thirty-Two Thousand, Seventy-One Dollars and 14/100 Cents ($632,071.14) with a contingency amount of Sixty-Three Thousand, Two- Hundred Seven Dollars and 11/100 Cents ($63,207.11) for a potential project amount not-to-exceed of Six Hundred Ninety- Five Thousand, Two Hundred Seventy -Eight Dollars and 25/100 Cents ($ 695,278.25), which is based on performing all of the work shown on CONTRACTOR’s Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the CONTRACT DOCUMENTS, and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. CITY shall herein retain five percent (5%) of said price until said time as the provisions of SEC. 18 herein have been met.

STANDARD PUBLIC WORKS AGREEMENT NO. 4227
CP No. 922

D-3

4.1. Progress Payments

Progress Payments shall be made in accordance with section the General Provisions and the provisions of this SEC. 4.1. Upon receipt of a properly presented payment request, the CITY shall process the payment request in accordance with Public Contract Code Section 20104.50. The CITY shall review the payment request as soon as possible. If the CITY rejects the payment request, it shall be returned to CONTRACTOR within seven (7) days of its receipt by the CITY with an explanation for the reasons of its rejection. If the payment request is approved in writing by the CITY, payment shall be made in thirty (30) days of receipt of an undisputed and properly presented payment request. Late payments shall bear interest at the legal rate of interest in ac cordance with Code of Civil Procedure Section 685.010. The CITY shall pay CONTRACTOR a sum based upon ninety five percent (95%) of the Agreement price apportionment of the labor and materials incorporated into the work under the Agreement during the period covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security. Refer to S EC. 4.2 of this Agreement for retention of funds.

4.2. Retention of Funds

Progress payments shall be made in accordance with the provisions of S EC. 4.1 of this Agreement. In accordance with said section, the CITY shall pay CONTRACTOR a sum based upon ninety five percent (95%) of the Agreement price in proportion to the labor and materials incorporated into the work under the Agreement during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security to be paid to the CONTRACTOR within sixty (60) days after final acceptance of the work by the City Council, after CONTRACTOR shall have furnished the CITY with a release of all undisputed Agreement amounts, if required by the CITY. In the event there are any claims specifically excluded by CONTRACTOR from the operation of the release, the CITY may retain proceeds (per Public Contract Code Section 7107) of up to 150% of the amount in dispute. CITY’s failure to deduct or withhold shall not affect CONTRACTOR’s obligations hereunder.

4.3. Substitution of Securities

Pursuant to Public Contract Code Sec tion 22300, CONTRACTOR shall be allowed to substitute securities for any moneys withheld by the CITY to ensure performance under an Agreement, unless, federal regulations or policies, or both, do not allow the substitution of securities. At the request and exp ense of CONTRACTOR, securities equivalent to the amount withheld shall be deposited with the CITY, or with a state or federally chartered bank in this state as the escrow agent, who shall then pay those moneys to CONTRACTOR. Upon satisfactory completion of the Agreement, the securities shall be returned to CONTRACTOR.

SECTION 5. UNDOCUMENTED WORKERS

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CONTRACTOR hereby promises and agrees to comply with all of the provisions of Federal and/or State law as the same shall apply to this PROJECT pertaining to the employment of unauthorized aliens as defined therein. Should CONTRACTOR so employ unauthorized aliens for the performance of work and/or services covered by this Agreement, and should the Federal Government impose sanctions against the CITY for use of unauthorized aliens, CONTRACTOR hereby agrees to, and shall, hold harmless, indemnify and defend CITY for the cost of all such sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by the CITY in connection therewith.

SECTION 6. NOTICE TO PROCEED

CONTRACTOR shall commence work on the date specified in the Notice to Proceed to be issued in writing to CONTRACTOR by the CITY and shall complete work on the PROJECT within 60 Working Days from the commencement thereof.

SECTION 7. DISCOVERY OF HAZARDOUS OR LATENT CONDITIONS

a. CONTRACTOR shall, without disturbing the condition, notify the CITY in writing as soon as CONTRACTOR, or any SUB -CONTRACTOR, agent or employees have knowledge and reporting is possible, of the discovery of any of the following conditions:

1. The presence of any material that the CONTRACTOR believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code;

2. Subsurface or latent physical conditions at the site differing from those indicated in the specifications; or

3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.

b. Pending a determination by the CITY of appropriate action to be taken, CONTRACTOR shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person.

c. The CITY shall promptly investigate the reported conditions. If the CITY, through the City Engineer or his/her designee, and in the exercise of its sole discretion, determines that the conditions do materially differ, or do involve hazardous waste, and will cause a decrease or increase in CONTRACTOR’s cost of or time required for performance of any part of the work, then the CITY shall issue a change order.

d. In the event of a dispute between the CITY and CONTRACTOR as to whether the conditions materially differ or involve hazardous waste or cause a decrease or increase in CONTRACTOR’s cost of, or time required for performance of any part of the work, CONTRACTOR shall not be excused from any schedule completion date, and shall

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proceed with all work to be performed under the Agreement. CONTRACTOR shall retain any and all rights which pertain to the resolution of disputes and protests between the parties.

SECTION 8. MISCELLANEOUS STATUTORY REQUIREMENTS

8.1. CONTRACTOR License.

CONTRACTOR shall possess a california CONTRACTOR’s license type Class A, C8, C60 for the performance of the Project.

8.2. Ineligible CONTRACTOR Prohibited.

Any CONTRACTOR or SUB -CONTRACTOR who is ineligible to perform work on a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code is prohibited from performing work under this Agreement.

8.3. Compliance with SB 854 Registration.

This PROJECT is subject to compliance monitoring and enforcement by the Department of Industrial Relations. No prime CONTRACTOR or SUB-CONTRACTOR may be awarded an Agreement for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code S ection 1725.5. CONTRACTOR will be required to post job site notices as described in 8 California Code of Regulation Section 16451(d).

8.4. Trench and Pipeline Safety.

If this Agreement is for more than $25,000 and involves excavation of any trench five (5) feet or more in depth, CONTRACTOR shall submit a detailed plan of shoring, bracing, sloping or other provisions to be made for worker protection in accordance with Labor Code Section 6705. Such plan shall be approved by a qualified representative of the CITY.

8.5. Utility Relocation.

The CITY is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications.

The CITY shall reimburse CONTRACTOR for any costs incurr ed in locating, repairing damage not caused by CONTRACTOR and removing or relocating such unidentified utility facilities, including equipment idled during such work. CONTRACTOR shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.

8.6. Third Party Claims Notification.

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The CITY shall timely notify CONTRACTOR in writing of any third party claims relating to the Agreement.

8.7. Unfair Business Practices Claims.

The CONTRACTOR or SUB -CONTRACTOR offers and agrees to assign to the CITY all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, (commenci ng with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works Agreement or the sub-Agreement. This assignment shall be made and become effective at the time the CITY renders final payment to CONTRACTOR without further acknowledgment by the parties. (Section 7103.5, California Public Contract Code.).

8.8. Day’s Work.

CONTRACTOR acknowledges that under California Labor Code Sections 1810 and following, eight (8) hours of labor constitutes a legal day’s work. CONTRACTOR will forfeit as a penalty to CITY the sum of $25.00 for each worker employed in the execution of this Agreement by CONTRACTOR or any SUB -CONTRACTOR for each ca lendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code Section 1810. (Labor Code Section 1813).

8.9. Payroll Records.

CONTRACTOR shall maintain the certified payroll records required by Labor Codes Section 1776 and shall report such records directly to the California Labor Commissioner as required by Labor Code Section 1771.4. CONTRACTOR shall inform the CITY of the location of the records enumerated under Labor Code Section 1776, including the street address, city, and county, and shall, within five working days, provide a notice of a change of location and address.

8.10. Employment of Apprentices.

Nothing in this Agreement prevents CONTRACTOR or any SUB -CONTRACTOR from employing properly registered apprentices in the execution of the Agreement.

CONTRACTOR is responsible for compliance with Labor Code S ection 1777.5 for all apprenticeable occupations. This statute requires that CONTRACTORs and SUBCONTRACTORs must submit Agreement award information to the applicable joint apprenticeship committee, must employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentic e’s work for every five hours of labor performed by a journeyman (unless an exception is granted under Section 1777.5), must contribute to the

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fund or funds in each craft or trade or a like amount to the California Apprenticeship Council, and that CONTRACTORs and SUB -CONTRACTORs must not discriminate among otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed, national origin, ancestry or color. Only apprentices defined in Labor Code Section 3077, who are in training under apprenticeship standards and who have written apprentice Agreements, may be employed on public works in apprenticeable occupations.

8.11. Records Audit

In accordance with Government Code, Section 8546.7, records of both the CITY and CONTRACTOR shall be subject to examination and audit by the Auditor General for a period of three (3) years after final payment.

SECTION 9. PREVAILING WAGES

a. CONTRACTOR shall pay prevailing Wage rates for this Project in accordance with the “General Wage Determination Made by the Director of Industrial Relations (“DIR”) Pursuant To California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1", for Los Angeles County. Wage rates shall conform with those posted at the DIR website and the Project site.

b. The following Labor Code sections are hereby referenced and made a part of this Agreement:

1. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates.

2. Section 1777.4 - Apprenticeship Requirements.

3. Section 1777.5 - Apprenticeship Requirements.

4. Section 1813 - Penalty for Failure to Pay Overtime.

5. Sections 1810 and 1811 - Working Hour Restrictions.

6. Section 1775 - Payroll Records.

7. Section 1773.8 - Travel and Subsistence Pay.

SECTION 10. INDEMNITY, DEFENSE AND HOLD HARMLESS

a. CONTRACTOR shall indemnify, defend with legal counsel approved by the CITY, and hold harmless the CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by t he sole or active negligence or willful misconduct of the CITY. Should conflict of interest principles preclude a single legal counsel from representing both the CITY and CONTRACTOR, or should the CITY otherwise find CONTRACTOR’s legal counsel unacceptable, then CONTRACTOR

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shall reimburse the CITY its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. CONTRACTOR shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of CONTRACTOR’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

b. CONTRACTOR obligations under this section apply regardless of whether such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee.

However, without affecting the rights of the CITY under any provision of this agreement, CONTRACTOR shall not be required to indemnify and hold harmless the CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where the CITY is shown to have been actively negligent and where the CITY’S active negligence accounts for only a percentage of the liability involved, the obligation of CONTRACTOR will be for that entire portion or percentage of liability not attributable to the active negligence of the CITY.

SECTION 11. BONDS

a. Surety Faithful Performance Bond shall be maintained for one (1) year after completion of the project.

SECTION 12. INSURANCE REQUIREMENTS

a. Prior to commencing work hereunder, CONRACTOR shall provide the CITY with proof of insurance naming the CITY and each of its directors, officers, agents, and employees as additional-named insureds on a policy or policies of insurance providing and maintaining the coverages set forth in the Insurance Schedule attached hereto as Exhibit A. The CITY shall have the right to hold the policies and policy renewals, and CONTRACTOR shall promptly furnish to CITY all renewal notices and all receipts of paid premiums. CITY may make proof of loss if not made promptly by CONTRACTOR.

b. Evidence of Insurance prior to commencement. 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 o f insurance shall be U.S. mail or email to:

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City of Montebello
Attn: Risk Manager
1600 West Beverly Boulevard
Montebello, CA 90640

SECTION 13. LIQUIDATED DAMAGES

a. Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the CITY and CONTRACTOR AGREE that in the event of any unreasonable delay in performance of this Agreement caused by CONTRACTOR, CONTRACTOR and its sureties shall be liable for and shall pay to the C ITY the sum of two thousand dollars ($2,000) as liquidated damages for each working day of delay in the performance of any service required hereunder . In addition, liquidated damages may be assessed for failure to comply with any emergency call out requirements described in the scope of services. The C ITY may withhold from any moneys payable on account of services performed by CONTRACTOR any accrued liquidated damages.

b. In addition, pursuant to the authority of California Public Contract Code Section 7102, the CITY and CONTRACTOR agree that the determination of actual damages for any unreasonable delay in performance of this Agreement caused by CITY would be extremely difficult or impractical to determine in the event of a breach of this Agreement by the CITY. Therefore, if the CITY is determined to be liable for such unreasonable delays, the CITY and its sureties shall be liable to the CONTRACTOR for the sum of Two Thousand dollars ($2,000) as liquidated damages for each working day of delay in the performance of any service required hereunder.

SECTION 14. DISPUTE RESOLUTION

14.1. Claims of $375,000 or Less

a. A claim by the CONTRACTOR for a time extension, for money damages for work, or a payment disputed by the CITY must be submitted to a resolution process in accordance with Public Contract Code Sections 20104-20104.4. A summary of Sections 20104-20104.4 are as follows:

(1) Informal negotiation between the CITY and CONTRACTOR. (2) Mediation with CONTRACTOR.
(3) Court mandated Arbitration.
(4) Court trial. If the party requesting the court trial does not prevail, then that party must pay all court costs and attorney's fees.

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14.2 Public Contract Code 9204 Claims

CONTRACTOR shall comply with the procedure set forth in Public Contract Code S ection 9204 for any claim, as that term is defined therein, for one or more of the following: 1) a time extension, including, without limitation, for relief from damages or penalties for delay, 2) payment of money or damages arising from work done pursuant to this Agreement, and/or 3) payment of an amount disputed by the CITY under this Agreement. A summary of the provisions of Public Contract Code Section 9204 is as follows:

1. CONTRACTOR must send a claim to the CITY for a time extension, payment for work not in the Agreement, or payments disputed by the CITY by registered mail or certified mail with return receipt requested.

2. The CITY must respond within 45 days as to which claims are disputed and undisputed.

3. If claim remains in dispute, CONTRACTOR may request informal meet and confer meeting with the CITY.

4. After meet and confer, a disputed claim remaining shall be submitted to non- binding mediation.

5. All undisputed claims shall be paid within 60 days.

SECTION 15. TERMINATION.

15.1. Termination for Convenience.

The CITY may terminate this Agreement, in whole or in part, with thirty (30) days’ written notice to CONTRACTOR when it is in the CITY’s best interest. CONTRACTOR shall be paid its costs, including Agreement close- out costs, and profit on work performed up to the time of termination. CONTRACTOR shall promptly submit its termination claim to the CITY to be paid the CONTRACTOR. If CONTRACTOR has any property in its possession belonging to the CITY, CONTRACTOR will account for the same, and dispose of it in the manner the CITY directs. CONTRACTOR may terminate this Agreement, in whole, with ninety (90) days’ written notice to the CITY.

15.2 Termination for Default.

If at any time CONTRACTOR is determined to be in material breach of the Agreement, a Notice of Potential Breach of Agreement shall be prepared by the CITY, and will be served upon CONTRACTOR and its sureties. If CONTRACTOR continues to neglect or refuses to comply with the Agreement or with the Notice of Potential Breach of Agreement to the satisfaction of the CITY within the time specified in such Notice, the CITY shall have the authority to terminate the Agreement for this Project.

15.3 Waiver of Remedies for any Breach.

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In the event that the CITY elects to waive its remedies for any breach by CONTRACTOR of any covenant, term or condition of this Agreement, such waiver by the CITY shall not limit the CITY’s remedies for any succeeding breach of that or of any other term, covenant, or condition of the Agreement.

SECTION 16. CONTRACTOR'S FAILURE TO PROCURE COMPLETION OF

PROJECT

In the event CONTRACTOR fails to furnish tools, equipment, or labor in the necessary quantity or quality, or fails to prosecute the work or any part thereof contemplated by this Agreement in a diligent and workmanlike manner, and if CONTRACTOR for a period of three (3) calendar days after receipt of written demand from the CITY or its designated representative to do so, fails to furnish tools, equipment, or labor in the necessary quantity or quality, and to prosecute its work and all parts thereof in a diligent and workmanlike manner, or after commencing to do so within said three (3) calendar days, fails to continue to do so; then the CITY may exclude CONTRACTOR from the premises, or any portion thereof, and take possession of said premises or any portion thereof, together with all material and equipment thereon, and may complete the work contemplated by this Agreement or any portion of said work, either by furni shing the tools, equipment, labor or material necessary, or by letting the unfinished portion of said work, or the portion taken over by the CITY to another contractor or by a combination of such methods. In any event, the procuring of the completion of said work, or the portion thereof taken over by the CITY, shall be a charge against CONTRACTOR, and may be deducted from any money due or becoming due to CONTRACTOR from the CITY, or CONTRACTOR shall pay the CITY the amount of said charge, or the portion thereof unsatisfied. The sureties provided for under this Agreement shall become liable for payment should CONTRACTOR fail to pay in full any said cost incurred by the CITY.

SECTION 17. COMPLIANCE WITH APPLICABLE LAWS

CONTRACTOR hereby promises and agrees to comply with all provisions of all applicable state and federal laws in connection with the performance of its obligations under this Agreement.

SECTION 18. NOTICE OF COMPLETION

Upon completion of the PROJECT and acceptance of same by the City Council, the CITY shall have cause to be recorded a Notice of Completion with the office of the Los Angeles County Recorder; and, after thirty -five (35) days from the date said Notice of Completion is recorded, the Director of Finance of CITY shall release the funds retained pursuant to SEC. 4 hereof; provided there have been no mechanics’ liens or stop notices filed against said work which have not been paid, withdrawn or eliminated as liens against said work.

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SECTION 19. AUTHORITY

Any person executing this Agreement on behalf of CONTRACTOR warrants and represents that he or she has the authority to execute this Agreement on behalf of CONTRACTOR and has the authority to bind CONTRACTOR to the performance of its obligations hereunder.

SECTION 20. ENTIRE AGREEMENT

This Agreement, including the Agreement Documents and any other documents incorporated herein by specific reference, represents the entire and integrated Agreement between the CITY and CONTRACTOR. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Agreement.

SECTION 21. ATTORNEY’S FEES AND COSTS

If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation.

All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

SECTION 22. INDEPENDENT CONTRACTOR

CONTRACTOR is and shall at all times remain as to the CITY, a wholly independent CONTRACTOR. Neither the CITY, nor any of its officers, employees or agents shall have control over the conduct of CONTRACTOR or any of CONTRACTOR’S officers, employees or agents, except as herein set forth. CONTRACTOR shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the CITY, nor shall the CITY officers, employees or agents be deemed the officers, employees, or agents of CONTRACTOR as a result of this Agreement.

SECTION 23. 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

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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:

To the CITY: City of Montebello
Attn: City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200

With copy to: City of Montebello – Department of Public Works Attn: Cesar Roldan, Director of Public Works
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1462
Email: [email protected]

To CONTRACTOR: Benjamin Tvizer
1902 Westwood Blvd., #200
Los Angeles, CA 90025
Phone: (818) 850-0182
Email: [email protected]

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

SECTION 24. PROHIBITION AGAINST ASSIGNMENT

The experience, knowledge, capability and reputation of CONTRACTOR, its principals and employees were a substantial inducement for the CITY to enter into this Agreement. Neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of the CITY. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of CONTRACTOR, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be

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void. No approved transfer shall release CONTRACTOR or any surety of CONTRACTOR of any liability hereunder without the express consent of the CITY.

SECTION 25. CUMULATIVE REMEDIES

The provisions of this Agreement are cumulative and in addition to and not in limitation of any rights or remedies available to the CITY.

SECTION 26. COUNTERPARTS

This Agreement may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.

[SIGNATURE PAGE TO FOLLOW]

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IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed on the date next to their respective officers duly authorized signatures in that behalf.

CITY OF MONTEBELLO
(“CITY”)

By:
___________________________________
Raul Alvarez, City Manager

Date: _______

ATTEST:

_____________________________________
Christopher Jimenez, City Clerk

APPROVED AS TO FORM

_____________________________________
Arnold M. Alvarez-Glasman, City Attorney

ESTATE DESIGN AND
CONSTRUCTION, INC.

By:
________________________________
Benjamin Tvizer, President

Date: _______

EXHIBITS:
• Exhibit A – Insurance Requirements

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EXHIBIT “A”

INSURANCE REQUIREMENTS

On or before beginning any of the work called for by any term of this Agreement , CONTRACTOR, at its own cost and expense, shall carry, maintain for the duration of this Agreement, and provide proof thereof that is acceptable to the CITY of its procurement of the insurance specified below from insurers and under forms of insurance satisfactory in all respects to the CITY. Such insurance shall not be in derogation of CONTRACTOR ’s obligations to provide indemnity under this Agreement.

1. Comprehensive General Liability and Automobile Liability Insurance Coverage.

CONTRACTOR shall carry and maintain Comprehensive General Liability and Automobile Liability Insurance which provides the following:

Minimum coverage: Bodily injury limits of $2,000,000 for each person and $2,000,000 for each occurrence; property damage limits of $2,000,000 for each occurrence, $5,000,000 aggregate.

Products/Completed Operations Hazard Insurance in an amount of not less than FIVE MILLION DOLLARS ($5,000,000);

A combined single limit policy with aggregate limits in an amount of not less than Five MILLION DOLLARS ($5,000,000) shall be considered equivalent to the said required minimum limits set forth herein above.

If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and dam age to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned real property and automobiles.

Insurance coverage shall not be subject to any type of pollution exclusion or owned property exclusions.

2. Automobile Liability.

CONTRACTOR shall carry and maintain Automobile Liability Insurance which provides a minimum coverage of at least $5,000,000 per accident for bodily injury and property damage.

3. Worker's Compensation.

CONTRACTOR shall carry and maintain worker’s compensation in the amount of

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$1,000,000 as required by the California Labor Code for all persons employed directly or indirectly in connection with this Agreement by CONTRACTOR. To the extent that CONTRACTOR utilizes any SUB-CONTRACTOR for the performance of any part of the work under this Agreement , CONTRACTOR shall require and assure that such SUB - CONTRACTOR also carry and maintain worker’s compensation as required by the California Labor Code for all persons directly or indirectly in connection with this Agreement.

4. Additional Insureds.

The CITY, its officers, agents and employees must be named as additional insureds or as additional loss payees in all insurance policies required by this Agreement . An endorsement to this effect shall be delivered to the CITY prior to the commencement of any work. Satisfaction of any deductible requirement shall be the responsibility of CONTRACTOR. Such insurance shall be primary and noncontributory with any other insurance maintained by the CITY.

5. Notice of Cancellation.

CONTRACTOR agrees to oblige its insurance agent or broker and insures to provide CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

6. Severability Clause.

Each of the policies of insurance shall contain a clause substantially as follows:

The insurance afforded by this policy applies separately to each insured against whom a claim or suit is made or suit is brought, except with respect to the limit of the insurer's liability.

7. Qualifications of Insurer.

All policies of insurance shall be issued by an insurance company acceptable to the CITY and authorized to issue said policy in the State of California.

8. Approval of Insurer.

The insurance carrier providing the insurance shall be chosen by CONTRACTOR subject to approval by the CITY, provided that such approval shall not be unreasonably withheld.

9. Payment of Premiums.

All premiums on insurance policies shall be paid by CONTRACTOR making payment,

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when due, directly to the insurance carrier, or in a manner agreed to by the CITY.

10. Evidence of Insurance and Claims.

CONTRACTOR shall provide certificates of insurance to the CITY as evidence of insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. The CITY’s Risk Manager must approve insurance certificates and endorsements prior to commencement of performance. Current c ertification of insurance shall be kept on file with the CITY at all times during the term of this Agreement.

The CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.

ITEM
No. ITEM DESCRIPTION UNIT QUANTITY UNIT
PRICE TOTAL Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total

A PROJECT STARTUP
1 Mobilization, Bonding and Record Drawings LS 1 $30,000.00 $30,000.00 $41,350.00 $41,350.00 $31,200.00 $31,200.00 $18,000.00 $18,000.00 $75,000.00 $75,000.00 $67,562.50 $67,562.50 $84,000.00 $84,000.00 $41,870.00 $41,870.00 $38,600.00 $38,600.00 $0.00 $0.00 2 Construction Staking LS 1 $12,000.00 $12,000.00 $15,000.00 $15,000.00 $14,000.00 $14,000.00 $3,800.00 $3,800.00 $7,500.00 $7,500.00 $19,387.50 $19,387.50 $14,000.00 $14,000.00 $8,690.00 $8,690.00 $8,500.00 $8,500.00 $0.00 $0.00 3 Storm Water Pollution Prevention LS 1 $5,000.00 $5,000.00 $30,000.00 $30,000.00 $8,300.00 $8,300.00 $3,200.00 $3,200.00 $22,500.00 $22,500.00 $15,392.50 $15,392.50 $17,500.00 $17,500.00 $13,430.00 $13,430.00 $6,500.00 $6,500.00 $0.00 $0.00 4 Temporary Construction Fencing LS 1 $14,000.00 $14,000.00 $10,000.00 $10,000.00 $15,250.00 $15,250.00 $15,000.00 $15,000.00 $3,750.00 $3,750.00 $11,750.00 $11,750.00 $8,500.00 $8,500.00 $238,580.00 $238,580.00 $7,855.00 $7,855.00 $0.00 $0.00 5 Clearing and grubbing SF 33700 $2.85 $96,045.00 $0.66 $22,242.00 $3.00 $101,100.00 $1.46 $49,202.00 $1.56 $52,572.00 $0.80 $26,960.00 $1.55 $52,235.00 $3.00 $101,100.00 $0.75 $25,275.00 $0.00 $0.00 6 Miscellaneous Concrete Pavement SF 260 $63.00 $16,380.00 $8.48 $2,204.80 $48.00 $12,480.00 $7.50 $1,950.00 $7.50 $1,950.00 $21.35 $5,551.00 $18.00 $4,680.00 $19.00 $4,940.00 $2.00 $520.00 $0.00 $0.00 7 Finish Grading SF 33700 $0.80 $26,960.00 $1.20 $40,440.00 $0.47 $15,839.00 $3.61 $121,657.00 $2.50 $84,250.00 $1.03 $34,711.00 $0.70 $23,590.00 $2.00 $67,400.00 $0.85 $28,645.00 $0.00 $0.00 8 Area drain EA 3 $1,800.00 $5,400.00 $1,694.50 $5,083.50 $200.00 $600.00 $350.00 $1,050.00 $3,750.00 $11,250.00 $3,838.33 $11,514.99 $4,000.00 $12,000.00 $9,789.00 $29,367.00 $1,500.00 $4,500.00 $0.00 $0.00 9 Storm Pipe, HDPE, 6 "dia, (excavation, backfill) LF 65 $161.00 $10,465.00 $60.15 $3,909.75 $168.00 $10,920.00 $269.45 $17,514.25 $137.50 $8,937.50 $110.27 $7,167.55 $65.00 $4,225.00 $630.00 $40,950.00 $65.00 $4,225.00 $0.00 $0.00 10 Storm Pipe, HDPE, 12 "dia, (excavation, backfill) LF 220 $50.00 $11,000.00 $97.81 $21,518.20 $53.00 $11,660.00 $167.18 $36,779.60 $218.75 $48,125.00 $205.09 $45,119.80 $115.00 $25,300.00 $435.00 $95,700.00 $90.00 $19,800.00 $0.00 $0.00 11 Water Fountain - 1/2" Copper Water Pipe, (excavation, backfill) LF 150 $20.00 $3,000.00 $14.04 $2,106.00 $21.00 $3,150.00 $123.18 $18,477.00 $125.00 $18,750.00 $106.22 $15,933.00 $67.00 $10,050.00 $961.00 $144,150.00 $76.00 $11,400.00 $0.00 $0.00 12 Water Fountain - 2" PVC Sewer line, (excavation, backfill, cleanout)
LF 140 $20.00 $2,800.00 $34.72 $4,860.80 $22.50 $3,150.00 $133.14 $18,639.60 $125.00 $17,500.00 $175.41 $24,557.40 $135.00 $18,900.00 $797.00 $111,580.00 $70.00 $9,800.00 $0.00 $0.00 13 Connect to Ex. Catch Basin EA 1 $4,000.00 $4,000.00 $333.42 $333.42 $5,000.00 $5,000.00 $750.00 $750.00 $3,750.00 $3,750.00 $4,758.75 $4,758.75 $2,400.00 $2,400.00 $10,435.00 $10,435.00 $2,500.00 $2,500.00 $0.00 $0.00 14 Stabilized Decomposed Granite - 4' thick SF 13771 $3.00 $41,313.00 $6.50 $89,511.50 $4.00 $55,084.00 $4.00 $55,084.00 $3.88 $53,431.48 $3.64 $50,126.44 $4.25 $58,526.75 $5.00 $68,855.00 $3.20 $44,067.20 $0.00 $0.00 15 Enhanced Concrete Pavement SF 626 $20.00 $12,520.00 $8.42 $5,270.92 $21.00 $13,146.00 $6.50 $4,069.00 $20.00 $12,520.00 $34.16 $21,384.16 $16.85 $10,548.10 $25.00 $15,650.00 $26.00 $16,276.00 $0.00 $0.00 16 Concrete Pavement - Natural Gray SF 4637 $8.50 $39,415.00 $7.98 $37,003.26 $13.00 $60,281.00 $6.50 $30,140.50 $17.50 $81,147.50 $13.78 $63,897.86 $11.50 $53,325.50 $19.00 $88,103.00 $23.00 $106,651.00 $0.00 $0.00 17 Concrete Mowband - 6" LF 176 $50.00 $8,800.00 $28.57 $5,028.32 $74.00 $13,024.00 $25.00 $4,400.00 $41.25 $7,260.00 $47.73 $8,400.48 $30.00 $5,280.00 $103.00 $18,128.00 $30.00 $5,280.00 $0.00 $0.00 18 Concrete Mowband - 10" LF 578 $33.00 $19,074.00 $37.82 $21,859.96 $43.00 $24,854.00 $25.00 $14,450.00 $42.50 $24,565.00 $58.34 $33,720.52 $33.00 $19,074.00 $123.00 $71,094.00 $35.00 $20,230.00 $0.00 $0.00 19 Concrete Mowband - 10"x21" LF 137 $89.00 $12,193.00 $53.31 $7,303.47 $95.00 $13,015.00 $25.00 $3,425.00 $87.50 $11,987.50 $140.66 $19,270.42 $55.00 $7,535.00 $134.00 $18,358.00 $55.00 $7,535.00 $0.00 $0.00 20 ADA ramp Type C EA 1 $12,500.00 $12,500.00 $614.81 $614.81 $15,860.00 $15,860.00 $750.00 $750.00 $8,625.00 $8,625.00 $5,434.38 $5,434.38 $8,500.00 $8,500.00 $13,430.00 $13,430.00 $4,500.00 $4,500.00 $0.00 $0.00 21 Concrete Wheel Stop, 6 ft EA 2 $760.00 $1,520.00 $234.32 $468.64 $793.00 $1,586.00 $350.00 $700.00 $58.75 $117.50 $528.75 $1,057.50 $500.00 $1,000.00 $711.00 $1,422.00 $150.00 $300.00 $0.00 $0.00 22 Water Fountain EA 2 $8,300.00 $16,600.00 $11,788.50 $23,577.00 $8,658.00 $17,316.00 $8,750.00 $17,500.00 $8,750.00 $17,500.00 $8,225.00 $16,450.00 $8,400.00 $16,800.00 $15,010.00 $30,020.00 $6,350.00 $12,700.00 $0.00 $0.00 23 Trash Receptacle EA 2 $2,150.00 $4,300.00 $526.54 $1,053.08 $2,255.00 $4,510.00 $2,000.00 $4,000.00 $2,000.00 $4,000.00 $1,821.25 $3,642.50 $3,600.00 $7,200.00 $1,742.00 $3,484.00 $925.00 $1,850.00 $0.00 $0.00 24 Bench EA 6 $2,170.00 $13,020.00 $796.10 $4,776.60 $2,262.00 $13,572.00 $2,375.00 $14,250.00 $2,375.00 $14,250.00 $1,955.25 $11,731.50 $2,300.00 $13,800.00 $2,299.00 $13,794.00 $1,200.00 $7,200.00 $0.00 $0.00 25 Pet Waste Station EA 4 $820.00 $3,280.00 $871.19 $3,484.76 $858.00 $3,432.00 $875.00 $3,500.00 $875.00 $3,500.00 $814.69 $3,258.76 $1,700.00 $6,800.00 $1,009.00 $4,036.00 $500.00 $2,000.00 $0.00 $0.00 26 Chain-link Fence - 5ft Tall with Gate Openings LF 666 $80.00 $53,280.00 $51.05 $33,999.30 $75.00 $49,950.00 $135.00 $89,910.00 $137.50 $91,575.00 $76.38 $50,869.08 $140.00 $93,240.00 $87.00 $57,942.00 $56.00 $37,296.00 $0.00 $0.00 27 Chain-link Access Gate (Single Swing) EA 6 $520.00 $3,120.00 $840.92 $5,045.52 $1,500.00 $9,000.00 $1,450.00 $8,700.00 $1,875.00 $11,250.00 $1,175.00 $7,050.00 $1,700.00 $10,200.00 $3,950.00 $23,700.00 $1,200.00 $7,200.00 $0.00 $0.00 28 Chain-link Maintence Gate (Single Swing) EA 2 $1,500.00 $3,000.00 $516.93 $1,033.86 $2,000.00 $4,000.00 $3,500.00 $7,000.00 $1,875.00 $3,750.00 $1,762.50 $3,525.00 $1,700.00 $3,400.00 $5,530.00 $11,060.00 $750.00 $1,500.00 $0.00 $0.00 29 Signage LS 1 $4,500.00 $4,500.00 $5,500.00 $5,500.00 $4,758.00 $4,758.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $3,525.00 $3,525.00 $3,100.00 $3,100.00 $25,853.00 $25,853.00 $4,500.00 $4,500.00 $0.00 $0.00 30 Agility Course - Small Dog Area LS 1 $15,500.00 $15,500.00 $12,000.00 $12,000.00 $16,720.00 $16,720.00 $2,500.00 $2,500.00 $11,250.00 $11,250.00 $15,392.50 $15,392.50 $11,000.00 $11,000.00 $12,640.00 $12,640.00 $8,500.00 $8,500.00 $0.00 $0.00 31 Agility Course - Large Dog Area LS 1 $30,000.00 $30,000.00 $18,000.00 $18,000.00 $33,350.00 $33,350.00 $3,500.00 $3,500.00 $25,000.00 $25,000.00 $37,365.00 $37,365.00 $28,000.00 $28,000.00 $36,340.00 $36,340.00 $10,500.00 $10,500.00 $0.00 $0.00 32 Adjust Existing Irrigation System LS 1 $7,500.00 $7,500.00 $25,000.00 $25,000.00 $10,738.00 $10,738.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $4,700.00 $4,700.00 $4,350.00 $4,350.00 $6,320.00 $6,320.00 $4,500.00 $4,500.00 $0.00 $0.00 33 Irrigation Removal LS 1 $3,000.00 $3,000.00 $5,000.00 $5,000.00 $4,758.00 $4,758.00 $7,500.00 $7,500.00 $3,750.00 $3,750.00 $2,937.50 $2,937.50 $3,750.00 $3,750.00 $10,270.00 $10,270.00 $1,000.00 $1,000.00 $0.00 $0.00 34 Backflow Preventer Testing LS 1 $2,500.00 $2,500.00 $4,000.00 $4,000.00 $5,408.00 $5,408.00 $196.88 $196.88 $437.50 $437.50 $411.25 $411.25 $1,350.00 $1,350.00 $553.00 $553.00 $3,000.00 $3,000.00 $0.00 $0.00 35 Irrigation System - Complete LS 1 $32,400.00 $32,400.00 $65,000.00 $65,000.00 $39,520.00 $39,520.00 $2,625.00 $2,625.00 $15,625.00 $15,625.00 $14,687.50 $14,687.50 $23,700.00 $23,700.00 $19,750.00 $19,750.00 $25,000.00 $25,000.00 $0.00 $0.00 36 Recycled Water Purple Sign EA 2 $910.00 $1,820.00 $266.00 $532.00 $955.00 $1,910.00 $475.00 $950.00 $475.00 $950.00 $446.50 $893.00 $450.00 $900.00 $600.00 $1,200.00 $600.00 $1,200.00 $0.00 $0.00 37 Tree - 24" Box EA 9 $410.00 $3,690.00 $206.00 $1,854.00 $504.00 $4,536.00 $437.50 $3,937.50 $437.50 $3,937.50 $411.25 $3,701.25 $1,100.00 $9,900.00 $553.00 $4,977.00 $250.00 $2,250.00 $0.00 $0.00 38 Turf Replacement (seeds) SF 13055 $3.50 $45,693.00 $3.23 $42,167.65 $2.20 $28,721.00 $0.62 $8,094.10 $0.63 $8,224.65 $0.59 $7,702.45 $1.20 $15,666.00 $1.00 $13,055.00 $12.00 $156,660.00 $0.00 $0.00 39 Root Barrier LF 380 $18.00 $6,840.00 $3.25 $1,235.00 $18.00 $6,840.00 $18.05 $6,859.00 $13.75 $5,225.00 $12.93 $4,913.40 $20.00 $7,600.00 $17.00 $6,460.00 $7.00 $2,660.00 $0.00 $0.00 40 Soil Amendment SF 1118 $4.50 $5,031.00 $5.13 $5,735.34 $6.50 $7,267.00 $3.55 $3,968.90 $2.50 $2,795.00 $2.61 $2,917.98 $4.50 $5,031.00 $3.00 $3,354.00 $2.00 $2,236.00 $0.00 $0.00 41 Mulch - 3" Depth CY 11 $183.00 $2,013.00 $178.88 $1,967.68 $330.00 $3,630.00 $200.00 $2,200.00 $200.00 $2,200.00 $188.00 $2,068.00 $350.00 $3,850.00 $253.00 $2,783.00 $120.00 $1,320.00 $0.00 $0.00 42 Plant Establishment and Maintenance Period (90 days) LS 1 $15,000.00 $15,000.00 $5,000.00 $5,000.00 $15,704.00 $15,704.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $4,700.00 $4,700.00 $5,500.00 $5,500.00 $6,320.00 $6,320.00 $8,500.00 $8,500.00 $0.00 $0.00 $656,472.00 $632,071.14 $715,139.00 $621,229.33 $795,708.13 $696,099.42 $716,306.35 $1,497,143.00 $674,531.20 $814,000.00 $749,118.25GRAND TOTAL = Estate Design and Construction
IncMontebello Dog Park Estimate

GENERAL
Aguilar & Calderon Corp.

Ramco, General
Engineering
Contractors Inc
Victorious Red We R Builders, IncAl's Engineering Inc. Axiom Group Bid C.S. Legacy Construction Inc
California Landscape
& Design Inc MBC Enterprises Inc

ATTACHMENT B

ITEM # 9

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Cesar Roldan, Director of Public Works

SUBJECT: APPROVE ISSUING REQUEST FOR PROPOSALS (RFP) NO. 25-06

FOR ON-CALL ENGINEERING AND ARCHITECTURAL SERVICES

DATE: September 25, 2024

RECOMMENDATIONS:

It is recommended that the City Council:

1. Authorize staff to publish a Request for Proposal (RFP No. 25-06) to solicit proposals from qualified engineering and architectural firms for on-call engineering and architectural services; and,

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

FISCAL IMPACT:

At this time, there is no fiscal impact associated with issuing this Request for Proposal (RFP). Staff aims to minimize the use of the General Fund for these types of services and focus on utilizing specialized funds as the primary source to pay for engineering services. Once proposals are submitted and evaluated, staff will return with a recommendation of firms to provide such services and a well-defined budget for consideration at a future City Council meeting.

BACKGROUND/DISCUSSION:

The four existing engineering firms that provide engineering services and construction management and inspection services have a term limit of three years expiring in October 2024. Staff recommend not exercising the two, one-year extensions and to seek proposals through the RFP process to provide engineering services.

The Public Works Department's Engineering Division is responsible for overseeing the

CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 25, 2024

Capital Improvement Program (CIP), contract administration, public works permits/inspections, Traffic and Safety Commission support, National Pollution Discharge Elimination System (NPDES) permit compliance support, and other areas of municipal focus. Engineering Division responsibilities are handled by a combination of City staff and on-call engineering and construction management consultants.

The following is a tentative schedule:

Release of RFP Thursday, September 26, 2024
Deadline for Questions Tuesday, October 15, 2024 at 12:00 p.m.

Proposal Due Date Monday, October 28, 2024 at 11:00 a.m.

City Council Recommendation of Award Wednesday, November 13, 2024

The RFP shall describe the service requested and provide the tasks required from the qualified engineering firms to submit a proposal. Once proposals are submitted, reviewed and scored, staff will return to the City Council with a recommendation to award a professional services agreement.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

Staff recommends that the City Council authorize issuing RFP No. 25-06 to solicit proposals for on-call engineering and architectural services. Upon City Council approval, staff will proceed with the recommended actions.

ATTACHMENT(S)

1. Attachment A - RFP 25-06 - Engineering and Architectural Services

1 CITY OF MONTEBELLO
Request for Proposals
RFP No. 25 – 06
On-Call Engineering and Architectural Services
Release Date: Thursday, September 26, 2024
Questions Due: Tuesday, October 15, 2024, at 11 a.m. PDT Due Date: Monday, October 28, 2024, at 11 a.m. PDT

ATTACHMENT A

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
September 26, 2024

PROJECT
On-Call Engineering and Architectural Services

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

PROPOSAL CONTACT
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]

Any questions about this RFP should be submitted via the City's PlanetBids Portal by Tuesday, October 15, 2024, at 11:00 a.m. PST. Prospective consultants 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 6

6.0 Consultant Qualifications 8

7.0 Proposal Submittal 8

8.0 Evaluation of Proposal 9

9.0 Proposal Protests 9

10.0 Execution of Agreement 11

11.0 Insurance 11

12.0 Use of Federal Funds 13

13.0 Non-Commitment of City 14

14.0 Labor Requirements 14

15.0 Records 15

16.0 Subcontractors 15

17.0 Modifications/Changes 15

18.0 Disclosure of Information 15

19.0 Ex-Parte Communications 15

20.0 City of Montebello Rights 16

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

5 1.0 Notice Inviting Proposals
The City of Montebello seeks proposals from qualified consultants to provide on-call engineering and architectural services 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 consultants must register with PlanetBids before being able to view or submit a response.

Questions must be submitted by Tuesday, October 15, 2024, at 11:00 a.m. PST.

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

Proposals must be submitted via PlanetBids by Monday, October 28, 2024, at 11:00 a.m. PST.

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

6 2.0 Introduction
The City of Montebello invites prospective consultants to submit a proposal to provide on-call engineering and architectural services. The goal is to have consultants perform roles in engineering, design, construction management, and various other public works related capacities.

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, September 26, 2024
• Online Q&A Deadline Tuesday, October 15, 2024,11 a.m. PDT • Deadline to Submit Responses Monday, October 28, 2024, at 11 a.m. PDT • City Review of Submissions Early/Mid-November 2024
• Notifications Sent to Proposers Early/Mid-December2024 • Award January 2025

4.0 Purpose
The purpose of this solicitation is to identify a qualified consultant that can provide the City access to specialized expertise for a range of services required for Capital Improvement Projects. The agreement issued by this RFP will provide flexibility and efficiency in obtaining professional support for General and Traffic Engineering, Design, Construction Management, Part -time Public Works Inspection, Utility Engineering, NPDES/MS4 compliance, sewer and storm water design , and Architectural services .

These services will aid the department’s ability to meet project needs and regulatory meet compliance requirements in federal, state, county and local mandates effectively.

On-call services shall commence tentatively on December 2, 2024 and shall remain and continue in effect until December 31, 2027.

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 consultant. The City may opt to award multiple consultants for on-call engineering and architectural services.

7 5.0 Scope of Work/Services
Under the general direction of Public Works staff, Consultant shall perform consulting services on an “on call or as -needed” basis for various projects assigned by the City.

For each on -call service request, the Consultant and the City will agree upon the specific scope of work and cost for that project. The City has the right to retain other consulting firms at its sole discretion when the City believes there will be an economic or other significant advantage for doing so. Services for each contract will be provided on a negotiated fee basis, per work order. No minimum amount of work is guaranteed under these agreements. Compensation will be based on time and materials with an annual not -to-exceed limit agreed upon by both the Consultant and City before work begins.

The scope of work for any one project may involve a particular phase of a project development design or construction and may include but not be limited to the following:

• Developing an overall grant outline; working with appropriate Department staff and team to determine writing assignments, including providing an estimate of how much City staff time will be needed at the beginning of each project.
• Preliminary engineering design concepts, studies, reports, final engineering design of capital projects for bidding purposes (final plans, engineering estimate and plans (PS&E). Activities may include but are not limited to the review of third-party plans and specifications. Oversee the preparation of technical reports and designs for approval/acceptance by the City Engineer.
• Provide Bid Administration, and Construction Management, for sewer, water, storm drain, traffic signal and street improvements. • Provide Inspection services if requested and as needed for capital Improvement projects such water treatment facilities, sewer, water, storm drain, traffic signals, street improvements.
• Provide construction management services for repair and replacement of City infrastructure. Construction management activities which include, but are not limited to, planning, preparing and communicating schedules and progress of project activities and expenditures, assisting others in establishing project schedules and milestones, setting and evaluating progress on project tasks.

8 • Manage and closely monitor CIP budgets to ensure that projects are delivered in a timely manner and within the approved budget. Prepare and review invoices for construction projects, prepare change orders and process invoices.
• During construction, make on-site visits; review material submittals, shop drawings and test results; respond to Request for Information (RFI); draft change orders; assist city staff with contract negotiations; and review pay estimates.
• Provide in-house personnel or sub-consultants for specialties such as electrical, structures, survey landscape, and geotechnical engineering. • Provide engineering services including preliminary studies, public outreach, drawings, exhibits.
• Assist City staff in processing paperwork and/or Projects through Caltrans Local Assistance, Caltrans Permits, other Caltrans Departments, County of Los Angeles, Metro, and other agencies for federal and state funded projects.
• Review correspondence from state and federal permitting agencies that require response or action from City Public Works staff. • Architecture and Landscape Architecture Services.
• City Engineer – Part-time staff augmentation

6.0 Consultant Qualifications
The selected consultant must have the following minimum qualifications:

A. Experience working with City Public Works Departments

B. State of California Professional Engineering, Civil Engineering, Traffic Engineering, Geotechnical Licenses

Background Check
Consultant 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

9 incorporated herein by this reference, for specific details regarding the information that needs to be included in your submission. Failure to provide all requested information may be considered “non-responsive” and rejected.

Responses to this RFP must be submitted electronically via the City’s PlanetBids Portal by the deadline. Any responses transmitted and/or time -stamped after the deadline will not be accepted. Proposers 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 rat e each proposal. The proposal evaluation process will be conducted using a multi -step method which will include the following steps:

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

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

i. Qualifications as they relate to this project - 60%
a. Thoroughness and understanding of the tasks to be completed b. Background and experience
c. Knowledge of the City of Montebello
d. Experience of personnel assigned to the work
e. Communication Skills

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

iii. Proposed fees for services – 20%

The City reserves the right to request and obtain, from one or more proposers, supplementary information as may be necessary for the City to analyze the proposal pursuant to selection criteria. Upon completion of the evaluation phase, the City may select those consultants for interviews whose proposals and qualifications most closely conform to the requirements of this RFP and provide the best value to the City.

10 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:

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

11 determined that:

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

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

After the exhaustion of administrative remedies, the protesting party will be 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 Proposer 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) shall be signed by the successful Consultant and returned with the required insurance within ten (10) business days after the City has pr ovided written notice that the Consultant has been awarded the project.

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

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

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.

12 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 consultant has not owned autos, Code 8 (hired) and 9 (non -owned) with a limit no less than $1,000,000 per accident for bodily injury and property damage.

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

C. Professional Liability or Errors and Omissions
Depending on the work or services to be performed, professional liability or errors and omissions liability insurance may be required. The City will require the consultant 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 consultant 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

13 agents" must be endorsed to the consultant’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 policy shall apply on a primary, non -contributing basis with any insurance or self - insurance, primary or excess, maintained by or available to the City or its officials, employees, and agents.

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

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

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

Waiver or modification requests must be submitted in writing. The request should state the specific insurance requirement that is being considered for waiver or modification and provide a brief explanation for the request. Requests will be reviewed on a case -by- case basis, and the decision will ultimately depend on the scope of services. The final decision to approve or deny a request will be at the City's legal authority and/or an 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 may include the Code of Federal Regulation's (CFR) Title 2, Subtitle A, Chapter II, Part 200

14 (also referred to as "2 CFR 200" or "Uniform Guidance") and the Federal Acquisition Regulations (FAR), as applicable.

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

• Transactions shall be conducted lawfully and ethically • Unnecessary/duplicative purchases are not permitted
• Utilizing a vendor or supplier on the U.S. Federal Government's Debarred and Suspended List (available at SAM.gov) is prohibited
• All individuals involved in the expenditure of federal monies must avoid any actual or apparent conflict of interest
• Procurement transactions must be 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
• Any other state or federal regulations that may be applicable under the corresponding grant program

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 consultant through this process, this intention is subject to change at any time during the process. The City does not commit to awarding an agreement, paying any costs 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 Consultant and, as such, shall be warranted to possess sufficient experience and reliability to perform this work.

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

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

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

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

16.0 Subcontractors
The Consultant shall be responsible for all work performed under the final agreement and shall keep all work under his control. No portion of the work may be subcontracted without the prior written consent of the City. All subcontractors used on this work shall be under the direct supervision of the Consultant and shall be considered as their employees. Any approved subcontractors must provide insurance indemnifying the City with limits at or exceeding the limits of the Consultant’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 Consultant. These changes will be processed by the City Manager.

18.0 Disclosure of Information
A. The Consultant agrees that it will not during or after the term of the agreement, disclose any proprietary information or 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

16 received by the Consultant shall be used exclusively in connection with the performance of services.

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

19.0 Ex-Parte Communications
Proposer and propser’s 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 proposers and their representatives from submitting questions regarding this RFP pursuant to the directions provided herein, or making oral 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 Proposer, in the sole judgment of the City, lacks the qualifications, experience, and/or responsibility necessary to provide the services. iii. The Proposer 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

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

Please review:

Appendix A – Proposal Content and Format

Appendix B – Cost Proposal

Appendix C – References

Appendix D- Sample of PSA

ITEM # 10

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Cesar Roldan, Director of Public Works

SUBJECT: APPROVE ISSUING REQUEST FOR PROPOSALS (RFP) NO. 25-04

FOR CITYWIDE CUSTODIAL SERVICES

DATE: September 25, 2024

RECOMMENDATIONS:

It is recommended that the City Council:

1. Authorize issuing a Request for Proposals (RFP No. 25-04) for citywide custodial services; and

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

FISCAL IMPACT:

At this time, there is no fiscal impact associated with issuing a Request for Proposals (RFP) for citywide custodial services (Attachment A). Once proposals are submitted and evaluated, staff will return for award of an agreement at a future City Council meeting. Appropriations are available for this service in the Fiscal Year 2024-25 budget since these services are currently provided. Depending on the final agreement awarded, Staff will recommend a budget amendment should service costs vary from current expenses. The FY 2024-25 budget will incorporate the annual expenses based on the new agreement.

BACKGROUND/DISCUSSION:

On November 24, 2020, the City issued RFP No. 21-20, seeking a contractor to provide Citywide Custodial Services. This includes providing a workforce of skilled custodians, materials, tools, equipment and transportation to perform custodial services at public facilities within the City of Montebello. The work described in RFP No. 21-20 was performed as a continuous and constant program throughout the proposed contract term.

CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 25, 2024

At the January 27, 2021 City Council Meeting, Staff presented the results of the RFP.

From the six (6) proposals that were received, Staff recommended that the City award the contract to Ultimate Maintenance Services based on their understanding of the scope of work, budget, proposed schedule, and other criteria. The contract (Agreement No. 3855) was for a term of three (3) years with the option of two additional, one-year extensions. The agreement was amended twice: Amendment No. 1 (November, 2021) increased the not-to-exceed amount; Amendment No. 2 (April, 2023) increased the not- to-exceed amount and extended the term of the agreement to January, 2025.

The purpose of RFP No. 25-04 (Attachment A) is to solicit proposals from qualified vendors to provide full-service custodial services in City facilities. Custodial services are vital to city functions because they ensure clean, safe, and sanitary environments for both employees and the public. This not only promotes public health and safety but also maintains the integrity and functionality of city facilities, enabling staff to work efficiently and effectively. A formal RFP is required to solicit responses for this specific service.

The RFP focuses on quality and consistency of services by requiring a minimum level of staffing, a minimum level of management, and a minimum cost for material and supplies to help contractors bid the job accurately. RFP No. 25-04 (Attachment A) will be published via Planetbids.com and other regularly used publications in order to solicit proposals from qualified vendors. The proposed timeline is as follows:

RFP ISSUED September
26, 2024
REQUEST FOR INFORMATION DEADLINE: 11:00 AM October 15,
2024
RELEASE OF INFORMATION REQUESTED: 5:00 PM October 22,
2024
PROPOSAL DUE DATE/SUBMISSION DEADLINE: 11:00 AM Octobers 28, 2024
TENTATIVE CITY COUNCIL AWARD DATE November
13, 2024

TENTATIVE NOTICE TO PROCEED START DATE -

COMMENCE SERVICES
January 27,
2025

The RFP shall describe the service requested and provide the tasks required from the qualified vendor to submit a proposal. The time and location to submit proposals shall be placed within the RFP. Once proposals are submitted, reviewed and scored, staff will return to City Council with a recommendation to award.

ENVIRONMENTAL:

N/A