AMENDED
CITY OF MONTEBELLO
CITY COUNCIL
REGULAR MEETING
WEDNESDAY, OCTOBER 22, 2025 AT 6:00 PM
TELECONFERENCE LOCATION
FOR COUNCILMEMBER PERLATA:
TRU BY HILTON LATHROP
161 EAST LOUISE AVENUE,
LATHROP, CA 95330
CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD
MONTEBELLO, CALIFORNIA
CITY COUNCIL
Salvador Melendez, Mayor
Georgina Tamayo, Mayor Pro Tem
Scarlet Peralta, Councilmember
Ric Alonzo, Councilmember
Danielle Romero, 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 City Clerk Services
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
Angelica Palmeros
Fernando Pelaez
Luis Lopez
Kimberly Guillen
Michael Solorza
Ramon Figueroa
Joseph Palombi
Cesar Roldan
David Sosnowski
John Soria
October 22, 2025: City Council Meeting Page 2 of 7
NOTICES
This City Council Meeting ("Council") will be held in person and will meet at City Hall – City Council Chambers, 1600 West Beverly Boulevard, Montebello, California. The meeting will be live streamed and can be watched on the City’s website and YouTube Channel via the following link: https://www.montebelloca.gov, and may also be viewed on Spectrum Public Access Channel 3 for all Spectrum cable subscribers.
AMERICANS WITH DISABILITIES ACT: In compliance with the Americans with Disabilities Act (ADA) any person with a disability who requires special accommodations in order to participate in a meeting should contact the Administration Office at (323) 887-1437 Monday-Thursday from 7:30 a.m.-5:30 p.m. Please call 48 hours prior to the meeting to ensure that reasonable arrangements can be made to provide accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II 1203). If you require translation services, please contact the City Clerk’s office 72 hours before this meeting. Si necesita servicios de traducción, comuníquese con la Oficina del Secretario Municipal 72 horas antes de esta reunión. 如果您需要翻译服务，请在会议前 72 小时联系市书记员办公室.
RULES OF DECORUM:
Pursuant to Section 54957.95 of the Government Code, the presiding member of the legislative body conducting a meeting, or their designee, is authorized to remove, or cause the removal of, an individual for disrupting the meeting.
Any such removal will be preceded by a warning to the disruptive individual by the presiding member of the legislative body or their designee that the individual’s behavior is disrupting the meeting and that the individual’s failure to promptly cease their disruptive behavior may result in their removal.
PUBLIC COMMENTS:
In-Person: For those interested in participating during the Public Comment period(s) or public testimony period for Public Hearings of the City Council meetings, you may address the City Council in person only the day of the meeting.
Speakers will be required to fill out a speaker card provided at the door and submit it to City Clerk staff prior to each Public Comment announcement period. Staff will number and call each speaker card in the order received. Closed Session begins at 6:00 p.m. and Regular Session begins immediately thereafter; if there is no Closed Session, Regular Session will begin at 6:00 p.m.
AGENDA MATERIALS: The agenda and/or agenda packet are available for public inspection at City’s website at:
Agendas, Minutes, and Videos,
October 22, 2025: City Council Meeting Page 3 of 7
IN CONSIDERATION OF OTHERS, PLEASE TURN OFF, OR MUTE, ALL CELL PHONES AND PAGERS
THANK YOU FOR YOUR COOPERATION
OPENING CEREMONIES
CALL TO ORDER - 6:00 P.M.
ROLL CALL
ANNOUNCEMENT OF CLOSED SESSION ITEMS
PUBLIC COMMENTS ON CLOSED SESSION ITEMS
At this time, the public may submit a speaker card to the City Clerk staff for Closed Session items, prior to the beginning of this statement. Speakers will be called in the order received. Please be aware that the maximum time allotted for members of the public to speak on Closed Session items shall not exceed three (3) minutes per person. State Law prohibits the City Council from taking action or entertaining extended discussion on a topic not listed on the agenda. Please show courtesy to others and direct all of your comments to the Mayor and City Council.
CLOSED SESSION
The City Attorney shall provide a briefing on the item listed for Closed Session as follows:
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section 54957
Title: City Manager
2. CALIFORNIA STATE AUDIT UPDATE
Government Code Section 54956.75
3. CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Negotiator: City Manager
Employee Organization: Montebello Executive Management Association
4. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
I. Navarro v. City of Montebello, et al.
Case No. ADJ13310066, ADJ2613081, ADJ2548565, ADJ15539383, ADJ7472140, ADJ7964720, ADJ2654347, ADJ10708805, ADJ3507314, ADJ6779197, ADJ12495501, ADJ2613081, ADJ6773842
REGULAR SESSION - IMMEDIATELY FOLLOWING CLOSED SESSION
CLOSED SESSION REPORT
INVOCATION
PLEDGE OF ALLEGIANCE
CORRECTIONS TO THE AGENDA - CITY MANAGER
CEREMONIAL ITEMS/PRESENTATIONS
5. PINNING CEREMONY FOR FIREFIGHTER EDGAR RAMIREZ
6. WASHINGTON CORRIDOR TRANSIT-ORIENTED COMMUNITIES AND MULTIMODAL CONNECTIVITY
SPECIFIC PLAN PROJECT
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
October 22, 2025: City Council Meeting Page 4 of 7
the beginning of this statement; Public Hearing items do not require a speaker card.
The City Council will address non-agenda items during this section and speakers will be called in the order received. Those persons not accommodated during this 30-minute period will have an opportunity to speak under “Public Comments – Continued”, after all scheduled matters have been considered. Public Hearing, Regular Business and/or Consent Calendar items will be addressed at the time that matter of business is heard, in the order received.
Please be aware that the maximum time allotted for members of the public to speak shall not exceed three (3) minutes per speaker. State Law prohibits the City Council from taking action or entertaining extended discussion on a topic not listed on the agenda. Please show courtesy to others and direct all of your comments to the Mayor and City Council.
STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST
PUBLIC HEARING
7. ADOPTION OF AN ORDINANCE APPROVING DEVELOPMENT AGREEMENT NO. 03-24 (AGREEMENT NO. 4417) BETWEEN THE CITY OF MONTEBELLO AND ALTAMED HEALTH SERVICES CORPORATION IN
CONNECTION WITH THE ESTABLISHMENT AND OPERATION OF A PRIVATE ART GALLERY WITHIN A COMMERCIAL UNIT IN THE MONTEBELLO TOWN SQUARE SHOPPING CENTER LOCATED AT 1401
NORTH MONTEBELLO BOULEVARD, MONTEBELLO, CALIFORNIA
RECOMMENDATION: It is recommended that the City Council:
1. Introduce and waive first reading of Ordinance No. 2484 approving Development Agreement No. 03-24 (Agreement No. 4417) between the City of Montebello and AltaMed Health Services Corporation in connection with the establishment and operation of a private art gallery located at 1401 North Montebello Boulevard, Montebello, CA 90640; and
2. Determine and Find that the project (ENV. No. 13-25) is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) – Common Sense Exemption; and
3. Take such additional and/or related action that may be desirable.
REGULAR BUSINESS
8. FISCAL YEAR 2025-26 FIRST QUARTER BUDGET REPORT
RECOMMENDATION: It is recommended that the City Council:
1. Receive and file this agenda report and the presentation on the Fiscal Year 2025-26 First Quarter Budget Report; and,
2. Amend the Compensation Plan and Table of Organization (Position Listing), Resolution No. 25-xx for certain Fire, Community Development and Finance Department classifications; and,
3. Amend the Master Position Control to reflect changes to the Table of Organization; and,
4. Approve new and updated Job Classifications for positions in Fire and Finance; and,
5. Take such additional, related action that may be desirable.
9. AMEND THE FISCAL YEAR 2025-26 TRANSIT CAPITAL IMPROVEMENT PROGRAM FOR VARIOUS
PROJECTS
RECOMMENDATION: It is recommended that the City Council:
1. Amend the Transportation Department (Transit) Capital Improvement Program (CIP) budget for Fiscal Year 2025-26, for a total amount of $14,181,843 in the accounts and amounts as listed on Attachments A and B; and
2. Take such additional, related, action that may be desirable.
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CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine. Any items a member wishes to discuss, including any items the public submitted speaker cards for, should be designated at this time. All other items may be approved in a single motion. Such approval will also waive the reading of any Ordinance.
10. AMEND THE FISCAL YEAR 2025-26 CAPITAL IMPROVEMENT PROGRAM BUDGET TO APPROPRIATE
CARRYOVER FUNDS FOR VARIOUS PROJECTS
RECOMMENDATION: It is recommended that the City Council:
1. Amend the adopted Fiscal Year 2025-26 budget by increasing appropriations in the various accounts and amounts as detailed on Attachment A, Capital Improvement Program; and
2. Take such additional, related action that may be desirable.
11. AWARD PROFESSIONAL SERVICES AGREEMENT NO. 4419 TO TREE PEOPLE TO PRODUCE AN URBAN
FORESTRY MANAGEMENT PLAN
RECOMMENDATION: It is recommended that the City Council:
1. Award Professional Services Agreement No. 4419 to TreePeople, Inc. to produce an Urban Forest Management Plan, in the amount of $597,500 payable from Cal Fire grant funds in Account No. 249-30- 320-6040.10 (Cal Fire Urban Forestry Management, Public Works, Trees, Contract Services Outside Contracts); and
2. Authorize the City Manager to execute the professional services agreement; and
3. Take such additional, related action that may be desirable.
12. AWARD PROFESSIONAL SERVICES AGREEMENT NO. 4420 TO WEST COAST ARBORIST FOR INVENTORY OF THE CITY’S URBAN FOREST AND PURCHASE OF TREES
RECOMMENDATION: It is recommended that the City Council:
1. Award Professional Services Agreement No. 4420 to West Coast Arborists, Inc. to conduct an inventory of the City's urban forest in the not-to-exceed amount of $186,000, with $180,000 payable from reimbursable Cal Fire grant funds (Account No. 249-30-320-6040.10, Cal Fire Urban Forestry Management, Public Works, Trees, Contract Services Outside Contracts), and $6,000 from Account No. 100-30-320-6040.10 (General Fund, Public Works, Trees, Contract Services Outside Contracts); and
2. Authorize the City Manager to execute the professional services agreement in good faith; and
3. Take such additional, related action that may be desirable.
13. AWARD PROFESSIONAL SERVICES AGREEMENT NO. 4421 TO HERRERA’S COATINGS RESTORATION
FOR THE REFURBISHMENT OF PUBLIC RESTROOMS AT CHET HOLIFIELD, REGGIE RODRIGUEZ AND
OTHER CITY PARK FACILITIES
RECOMMENDATION: It is recommended that the City Council:
1. Find that it would be impractical, useless, or uneconomical for this project to follow the bidding procedures, and that the welfare of the public would be promoted by dispensing said procedures; and
2. By a four-fifths vote of the City Council, staff recommend authorizing the dispensing of a formal request for proposal (RFP) procedure and award a professional services agreement for the refurbishment of public restrooms at Chet Holifield, Reggie Rodriguez, and other City Park Facilities, in accordance with Montebello Municipal Code Chapter 3.21.025(C) -- Conformance with Bidding Procedures; and
3. Due to the vendor’s familiarity, experience, intimate knowledge, and dealings with epoxy restoration of walls and floors in City facilities, award Professional Services Agreement No. 4421 to Herrera’s Coatings Restoration for the amount of $75,000; and
4. Authorize the City Manager to execute the professional services agreement; and
5. Take such additional, related action that may be desirable.
14. APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. 3936 WITH A & A FLEET PAINTING, INC., TO
PROVIDE VEHICLE PAINT AND BODY REPAIR SERVICES
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RECOMMENDATION: It is recommended that the City Council:
1. Approve Amendment No. 2 to Agreement No. 3936 with A & A Fleet Painting Inc. (A & A Fleet), for an additional one-year (1-year) term, to provide vehicle paint and body repair services; and
2. Authorize the City Manager to execute Amendment No. 2 on the City’s behalf; and
3. Take such additional, related action that may be desirable.
15. APPROVE AGREEMENT NO. 4422 BETWEEN THE CITY OF MONTEBELLO AND BLINK NETWORK, LLC
FOR THE INSTALLATION, OPERATION, MANAGEMENT AND MAINTENANCE OF ELECTRIC VEHICLE
CHARGING STATIONS
RECOMMENDATION: It is recommended that the City Council:
1. Approve the Exclusive Electric Vehicle Charging Services Agreement No. 4422 with Blink Network, LLC for the installation, operation, management, and maintenance of the electric vehicle charging stations at City Hall; and
2. Authorize the City Manager to negotiate terms and execute the agreement on behalf of the City; and
3. Take such additional, related action that may be desirable.
16. APPROVE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA DEPARTMENT OF TRANSPORTATION
COMMUNITY CLEANUP AND EMPLOYMENT PATHWAY GRANT PROGRAM
RECOMMENDATION: It is recommended that the City Council:
1. Authorize staff to submit a grant application through the California Department of Transportation (Caltrans), which administers the Community Cleanup and Employment Pathway Grants Program; and
2. Authorize the City Manager to execute all applicable documents in good faith; and
3. Take such additional, related action that may be desirable.
17. ELIMINATION OF CERTAIN FUNDED VACANT POSITIONS FOR FISCAL YEAR 2025-26 OPERATING BUDGET
RECOMMENDATION: It is recommended that the City Council:
1. Approve the elimination of certain funded vacant positions for Fiscal Year 2025-26; and
2. Approve the updated Master Position Control (Attachment A); and,
3. Take such additional, related action that may be desirable.
18. ADOPT A RESOLUTION DEFINING AND CONFIRMING CERTAIN POLICIES TO BE IMPLEMENTED RELATING TO MONTEBELLO MUNICIPAL CODE CHAPTER 5.90 - COMMERCIAL CANNABIS ACTIVITIES
RECOMMENDATION: It is recommended that the City Council:
1. Adopt Resolution No. 25-92 to confirm the City’s intent to cease accepting applications from any new potential cannabis operators and to establish and implement policies consistent with the provisions of Chapter 5.90 - Commercial Cannabis Activities of the Montebello Municipal Code (“MMC”); and
2. DETERMINE AND FIND that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) – Common Sense Exemption; and
3. Take such additional and/or related action that may be desirable.
19. APPROVAL OF MINUTES: OCTOBER 8, 2025, CITY COUNCIL MEETING
RECOMMENDATION: It is recommended that the City Council:
1. Approve said Minutes as is.
20. PAYMENT OF BILLS: ADOPT RESOLUTION NO. 25-90 APPROVING THE CITY WARRANT REGISTER OF DEMANDS DATED OCTOBER 22, 2025
October 22, 2025: City Council Meeting Page 7 of 7
RECOMMENDATION: It is recommended that the City Council:
1. Adopt Resolution No. 25-90 approving the Warrant Register dated October 22, 2025.
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.
• Ric Alonzo, Councilmember
• Danielle Romero, Councilmember
• Georgina Tamayo, Mayor Pro Tem
• Scarlet Peralta, Councilmember
• Salvador Melendez, Mayor
CLOSED SESSION - CONTINUED
ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on November 12, 2025, at 6:00 p.m., which can be live- streamed at https://www.montebelloca.gov (Click on Live Stream).
I, Kimberly Guillen, Director of City Clerk Services for the City of Montebello, hereby certify that a copy of this agenda has been posted on or before Sunday, October 19, 2025, no later than 6:00 p.m.
Kimberly Guillen, Director of City Clerk Services
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 # 7
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: ADOPTION OF AN ORDINANCE APPROVING DEVELOPMENT AGREEMENT NO. 03-24 (AGREEMENT NO. 4417) BETWEEN THE
CITY OF MONTEBELLO AND ALTAMED HEALTH SERVICES
CORPORATION IN CONNECTION WITH THE ESTABLISHMENT AND
OPERATION OF A PRIVATE ART GALLERY WITHIN A COMMERCIAL
UNIT IN THE MONTEBELLO TOWN SQUARE SHOPPING CENTER
LOCATED AT 1401 NORTH MONTEBELLO BOULEVARD,
MONTEBELLO, CALIFORNIA
DATE: October 22, 2025
RECOMMENDATIONS:
It is recommended that the City Council:
1. Introduce and waive first reading of Ordinance No. 2484 approving Development Agreement No. 03-24 (Agreement No. 4417) between the City of Montebello and AltaMed Health Services Corporation in connection with the establishment and operation of a private art gallery located at 1401 North Montebello Boulevard, Montebello, CA 90640; and
2. Determine and Find that the project (ENV. No. 13-25) is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) – Common Sense Exemption; and
3. Take such additional and/or related action that may be desirable.
FISCAL IMPACT:
Pursuant to the Development Agreement, the City will receive several public benefits that will provide new, one-time sources of General Fund revenue. These include:
• A one-time Development Agreement processing fee of $20,000
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 22, 2025
• A one-time monetary contribution of $200,000 from AltaMed Health Services Corporation (“AltaMed”)
• Participation by AltaMed in the City’s Art in Public Places Program • Use of portions of the property by the City for arts, culture, and education events up to seven times per year
It is anticipated these funds will be received in the current fiscal year, which would increase General Fund revenue in Fiscal Year 2025-26. There are no anticipated ongoing costs to the City associated with these public benefits.
BACKGROUND/DISCUSSION:
The City of Montebello is considering a proposed Development Agreement with AltaMed Health Services Corporation in connection with a private art gallery project. Development Agreements are authorized under Article 2.5 of Chapter 4 of Division 1 of Title 7, Sections 65864 through 65869.5 of the California Government Code, which allows cities and developers to enter into binding agreements that define development standards, project timing, and public benefits.
The purpose of this proposed Development Agreement is to establish the terms under which AltaMed will provide specific public benefits in connection with the private art gallery project. These public benefits are intended to support City services, infrastructure needs, and community programs, consistent with the City’s goals to enhance arts, culture, and educational opportunities
Key public benefits proposed under the Development Agreement include:
• A one-time Development Agreement processing fee of $20,000 • A one-time monetary contribution of $200,000 to the City’s General Fund • Participation in the City’s Art in Public Places Program • Allowing the City to use portions of the property for arts, culture, and educational events up to seven times per year
On May 11, 2020, AltaMed was issued a City business license for the purpose of operating an administrative business and professional office within a commercial unit in the Montebello Town Square shopping center located at 1401 North Montebello Boulevard, Montebello, CA 90040 in the City’s C-2-PD (General Commercial-Planned Development) zone.
On July 10, 2024, the AltaMed filed a Conditional Use Permit application for a proposed private art gallery at 1401 North Montebello Blvd. Pursuant to Appendix A - Index of Primary Uses of the Montebello Municipal Code, approval of a Conditional Use Permit is required for new assembly buildings and uses within the City’s C-2 (General Commercial) zone.
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On July 18, 2024, the Planning Division transmitted a deemed incomplete letter in connection with the initial submittal with an itemized list of information needed to complete the application.
On August 21, 2024, AltaMed resubmitted supplemental information along with the application (PC-2024-0012-CUP) for a Conditional Use Permit and Development Agreement to allow the establishment and operation of a private art gallery, along with accessory storage spaces, on the second floor of the Project Site, where the Applicant is currently operating its business and professional office.
On August 21, 2024, after review of the supplemental information provided, the Planning Division issued a deemed complete letter to the Applicant with the associated case numbers.
On October 7, 2025, the Planning Commission held a duly noticed public hearing and conditionally approved Conditional Use Permit No. PC-2024-0012-CUP to allow the establishment and operation of a private art gallery and associated accessory uses.
Additionally, the Planning Commission recommended that City Council approve and execute Development Agreement No. 03-24 (Agreement No. 4417), in connection with Conditional Use Permit No. PC-2024-0012-CUP.
ENVIRONMENTAL:
Pursuant to the provisions of the California Environmental Quality Act (CEQA), the proposed Ordinance approving Development Agreement No. 03-24 (Agreement No. 4417) qualifies for a statutory exemption under CEQA Guidelines Section 15061(b)(3) - Common Sense Exemption. This exemption applies to projects 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.
Since the adoption of an Ordinance approving a Development Agreement does not, in itself, result in any physical changes to the environment or authorize any specific development activity, it can be determined with certainty that the proposed action will not have a significant environmental impact. Therefore, this activity is not subject to CEQA.
ANALYSIS:
The proposed project is located at 1401 North Montebello Boulevard, within a commercial tenant space in the Montebello Town Square shopping center, situated in the City’s C-2- PD (General Commercial – Planned Development) zone. The project site is surrounded by other commercially zoned properties and uses to the north, east, and west, and is bordered by the Metro Heights residential development to the south. AltaMed currently occupies an approximately 105,000 square foot commercial unit within the shopping center. The entire Montebello Town Square site encompasses approximately 251,000 square feet.
The first floor of the tenant space measures approximately 75,000 square feet and is currently utilized for administrative office functions. The proposed art gallery and
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 22, 2025
accessory uses would be located on the second-floor mezzanine area, which measures approximately 30,000 square feet. For reference, Attachment C contains the conceptual plans for the proposed art gallery layout and design.
Conditional Use Permit
Through the CUP process, the City may consider special uses which may be essential or desirable to a particular community but are not allowed as a matter of right within a particular zoning district. Section 17.70.010 of the Montebello Municipal Code (“MMC”) states that the purpose of a conditional use permit is to allow proper integration of uses into the community which may only be suitable in specific locations, or only if such uses are designed and constructed in a particular manner on the site, and under certain conditions. In this case, the applicant is proposing to convert an existing second floor mezzanine within a commercial unit to develop and operate a private art gallery. Pursuant to Appendix A - Index of Primary Uses of the MMC, approval of a Conditional Use Permit is required for new assembly buildings and uses within the City’s C-2 (General Commercial) zoning district.
According to the project submittal, the applicant is proposing to convert approximately 15,668 square feet of the second-floor mezzanine into an art gallery and associated accessory uses. The proposed second-floor layout includes approximately 3,302 square feet of art gallery space, 5,683 square feet of storage, 2,484 square feet of administrative offices, and 4,199 square feet of circulation area.
In addition to the interior improvements, the proposal includes several site modifications such as the construction of a new trash enclosure, installation of one Americans with Disabilities Act (ADA)-accessible parking space, construction of an entrance canopy, and installation of a wheelchair lift at the existing loading dock.
The gallery is proposed to operate Monday through Friday, from 8:00 a.m. to 6:00 p.m., with the potential to host events outside of regular hours on various days of the week.
Pursuant to Resolution No. 14-25, the Planning Commission determined that findings exist to support the approval of Conditional Use Permit No. PC-2024-0012-CUP, which allows the establishment and operation of a private art gallery within the City’s C-2 Zone.
The proposed use is compatible with surrounding land uses and is consistent with the intent of both the City’s Zoning Ordinance and General Plan. Additionally, the project would not adversely affect or compromise the integrity and character of the C-2 Zone.
Pursuant to Section 17.70.070 of the MMC, before any CUP shall be granted, the following findings must be made:
A. That the site for the proposed use is adequate in size and shape; The subject site is physically suitable for the operation of an art gallery. The project does not propose any structural alterations to the existing tenant space, nor does it include any increase in floor area to accommodate the new use. Additionally, the existing
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 22, 2025
parking lot within the Montebello Town Square shopping center provides sufficient parking to meet the City’s parking requirements for the proposed use.
B. That the site has sufficient access to streets and highways, and is adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use; The Subject Site was originally occupied by a major department store with an extensive customer base and operating hours spanning seven days a week, from morning to late evening. This high customer demand required adequate access to accommodate the resulting traffic. Access to surrounding streets and highways has not changed, and sufficient provisions for public access to the subject property remain in place, with the Project Site currently accessed from Montebello Boulevard. No changes to site access are proposed as part of the proposed Project, and existing access arrangements will remain unchanged. The traffic generated by the proposed use is not expected to be significant and it is anticipated to be comparable to that generated by existing businesses within the surrounding area.
C. That the proposed use will not have an adverse effect upon adjacent or abutting properties; The proposed Project is located within the C-2 (General Commercial) zone and is primarily surrounded by other commercial uses. As such, it is unlikely that the proposed use will have an adverse effect on adjacent or abutting properties. While the Metro Heights residential development is located to the south of the project site, it is separated by Montebello Boulevard, which serves as a physical and functional buffer between the two uses.
D. That the proposed use is consistent with the objectives of the community redevelopment project area in which the site is located. Put another way, the finding must be made that the proposed use will meet the general purpose and intent of the Zoning Code and will be consistent with the purpose and intent of the General Plan and any applicable specific plan. The proposed use is consistent with the objectives, policies, land use designations, and programs outlined in the City of Montebello General Plan. Specifically, the project supports General Plan Policies P8.3, P8.4, and P8.8, which promote the expansion of artistic spaces, activities, and programs, as well as the strengthening of partnerships between institutions of higher education, cultural organizations, and arts entrepreneurs. The proposed use also contributes to the ongoing preservation and enhancement of existing commercial areas. Furthermore, the project aligns with the intent of the City’s Zoning Ordinance, which is consistent with the overarching goals and objectives of the General Plan.
If approved, the project proposal will go through the plan check process which will ensure that the general purpose and intent of the zoning, building, and fire codes, and other applicable portions of the MMC, will be met.
As part of its review, staff has determined that the proposed use complies with the parking requirements set forth in Chapter 17.52 of the City’s Zoning Ordinance. Pursuant to the City’s off-street parking standards, a total of 367 parking spaces are required to accommodate both the existing and proposed uses. As previously noted, AltaMed occupies a commercial unit within the Montebello Town Square shopping center, which provides a total of 1,225 on-site parking spaces for its commercial tenants. Therefore,
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 22, 2025
adequate parking will continue to be available throughout the shopping center to support the proposed use.
Development Agreement
The Planning Commission’s approval of Conditional Use Permit No. PC-2024-0012-CUP authorizes the operation of an art gallery as an assembly use with accessory storage spaces, contingent upon the Applicant providing public benefits outlined in Exhibit “C” of Development Agreement No. 03-24 (Agreement No. 4417) between the City of Montebello and AltaMed Health Services Corporation. The public benefits include: 1) a one-time, non-refundable Development Agreement Fee in the amount of $20,000 for costs associated with the preparation and review of the Development Agreement; 2) a one-time Public Benefit fee in the amount of $200,000; 3) compliance with the City’s Art in Public Places Program; 4) the payment of all applicable processing fees at the time these fees are due; and 6) authorizing the City’s use of a portion of the Property with prior approval from the Developer up to seven (7) times per calendar year pursuant to the Development Agreement.
GENERAL PLAN CONSISTENCY
The City’s General Plan Land Use designation for the Project Site is “Neighborhood.” This designation is intended to support a mix of transit, employment, shopping, civic, and leisure activities within close proximity of a variety of building types. Furthermore, the “Our Creative Community” chapter of the General Plan emphasizes Montebello’s commitment to nurturing and promoting arts and cultural activities, organizations, and events, while increasing their visibility and prominence within the region. Several guiding principles outlined in this chapter align with the proposed project, including facilitating inclusive cultural experiences reflecting the various identities of the City, providing equitable and easily accessible opportunities to residents and visitors to engage with art and culture locally, and creating more opportunities for engaging local artists.
The following General Plan Goals and Policies are applicable to the art gallery and related accessory uses proposed at the Project Site:
General Plan “Our Creative Community” Element policy 8.3 (P8.3) is to “expand artistic space, activities and programs in non-traditional venues.”
General Plan “Our Creative Community” Element policy 8.4 (P8.4) is to “weave arts and culture into the fabric of the City.”
General Plan “Our Creative Community” Element policy 8.8 (P8.8) is to “increase partnerships between higher education, cultural organizations and arts entrepreneurs.”
Overall, the operation of the proposed art gallery will support the City of Montebello’s efforts to nurture and promote arts and cultural activities, in alignment with the goals, objectives, and policies outlined in the General Plan.
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 22, 2025
PUBLIC NOTIFICATION
Pursuant to MMC Section 17.78 (Public Hearings, Notices, and Appeals), the following noticing was performed:
• On October 9, 2025, the Public Hearing Notice was published in the Montebello News; and
• On October 9, 2025, the Public Hearing Notice was mailed to all property owners within a 300-foot radius from the exterior boundaries of project site.
SUMMARY:
The proposed use is compatible with surrounding land uses and is consistent with the intent of both the City’s Zoning Ordinance and General Plan, therefore it is recommended that the City Council introduce and waive first reading of Ordinance No. 2484 approving Development Agreement No. 03-24 (Agreement No. 4417) between the City of Montebello and AltaMed Health Services Corporation in connection with the establishment and operation of a private art gallery located at 1401 North Montebello Boulevard, Montebello, CA 90640.
Additionally, staff recommends that the City Council determine the proposed project also qualifies for a Statutory Exemption under CEQA Guidelines Section 15061(b)(3) – Common Sense Exemption, as there is no possibility that the adoption of an Ordinance approving a Development Agreement would result in a significant effect on the environment.
ATTACHMENT(S)
1. Attachment A – Ordinance No. 2484
2. Attachment B - Draft Development Agreement 03-24 (Agreement No. 4417)
3. Attachment C - Conceptual Plans – For Reference Only
4. Attachment D - CEQA Notice of Exemption (ENV No. 13-25)
5. Attachment E - Planning Commission Resolution No. 14-25
6. Attachment F - Planning Commission Public Comments -10.7.2025
ATTACHMENT A
ORDINANCE NO. 2484
AN O
RDINANCE OF THE CITY COUNCIL OF THE CITY OF
MONTEBELLO APPROVING DEVELOPMENT AGREEMENT 03-
24 (AGREEMENT NO. 4417) BETWEEN THE CITY OF
MONTEBELLO AND ALTAMED HEALTH SERVICES
CORPORATION
W
HEREAS, the California Legislature adopted the “Development Agreement Statute,” section 65864 et seq . of the Government Code to strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development; and
W
HEREAS, the City of Montebello (the “City”) is authorized pursuant to the Development Agreement Statute to enter into development agreements with persons having legal or equitable interests in real property for the purpose of establishing certainty for both the City and the owner in the development process; and W
HEREAS, on May 11, 2020, AltaMed Health Services Corporation (“A ltaMed”) was issued a City business license for the purpose of operating an administrative business and professional office within a commercial unit in the Montebello Town Square shopping center located at 1401 North Montebello Boulevard, Montebello, CA 90040 (“Project Site”) within the City’s C-2- PD (General Commercial -Planned Development) zone; and
W
HEREAS, o n July 10, 2024, the A ltaMed filed a Conditional Use Permit application for a proposed private art gallery at the Project Site . Pursuant to Appendix A - Index of Primary Uses of the Montebello Municipal Code, approval of a Conditional Use Permit is required for new assembly buildings and uses within the City’s C -2 (General Commercial) zone; and
W
HEREAS, after conducting a duly noticed Conditional Use Permit hearing on October 7, 2025, the City’s Planning Commission reviewed, considered and conditionally approved Conditional Use Permit No. PC -2024-0012-CUP authorizing the establishment and operation of a private art gallery and associated accessory uses at the Project Site. Additionally, the Planning Commission recommended that the City Council approve and execute Development Agreement No. 03 -24 (Agreement No. 4417) by and between the City of Montebello and AltaMed Health Services Corporation, in connection with Conditional Use Permit No. PC-2024-0012-CUP; and W
HEREAS, the Planning Commission found that the project is consistent with the objectives and policies of the General Plan and is compatible with the uses authorized in the City’s Zoning Code; and
ORDINANCE NO. 2484
WHEREAS, AltaMed and the City desire to enter into Development Agreement No. 03-24 (Agreement No. 4417) attached hereto as Attachment “A” (the “Development Agreement”), which would allow the establishment and operation of a private art gallery , as specifically described in Recital C – “The Project” of the Development Agreement at property located at 1401 North Montebello Boulevard, in which AltaMed has a leasehold interest form the underlying property owner KIR Montebello LP , which has provided authorization for the development of the Project; and
W
HEREAS, AltaMed agrees to provide the City with certain public benefits outlined in Attachment C of the Development Agreement . These public benefits are intended to support City services, infrastructure needs, and community programs, consistent with the City’s goals to enhance arts, culture, and educational opportunities ; and
W
HEREAS, the Project was reviewed pursuant to the California Environmental Quality Act (“CEQA”) and the Project is exempt pursuant to CEQA Guidelines, Section 15061(b)(3) - Common Sense Exemption; and
W
HEREAS, the City has given public notice of its intention to approve Development Agreement No. 03- 24 (Agreement No. 4417). The City has found that the provisions of the Agreement and its purposes are consistent with the objectives, policies, and general land uses specified in the City’s General Plan, Zoning Code and municipal ordinances; is in conformity with public convenience and good land use practices; and will not adversely affect the orderly development of the property or the preservation of property values; and
W
HEREAS, the City Council held a duly noticed public hearing on October 22, 2025, considering the Development Agreement and this Ordinance, and considered all staff reports, presentations , public testimony, comments, Planning Commission recommendations, and other evidence presented in connection with this matter.
NO
W, THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO DOES ORDAIN AS FOLLOWS:
S
ECTION 1. RECITALS. The above recitals are true and correct and made part of this Ordinance.
S
ECTION 2. CEQA. The City Council finds and determines that pursuant to the provisions of the California Environmental Quality Act (CEQA), the proposed Ordinance approving Development Agreement No. 03- 24 (Agreement No. 4417) qualifies for a statutory exemption under CEQA Guidelines Section 15061(b)(3) - Common Sense Exemption. This exemption applies to projects 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. Since the adoption of an ordinance approving a Development Agreement
ORDINANCE NO. 2484
does not, in itself, result in any physical changes to the environment or authorize any specific development activity, it can be determined with certainty that the proposed action will not have a significant environmental impact. Therefore, this activity is not subject to CEQA.
SECTION 3. Findings. Based on the staff reports, presentations, public testimony, comments, Planning Commission recommendations, and other evidence presented at the duly noticed public hearing in this matter, the City Council finds and determines the following:
a. That the Development Agreement is authorized by Montebello Municipal Code § 17.70.010 and California Government Code § 65864 et seq.
b. That the provisions of the Development Agreement are consistent with the general plan and any applicable specific plan as required by California Government Code Sections 65864 through 65869.5.
c. That the approval of the Development Agreement will not be detrimental to the public’s health, safety, or general welfare and consistent with the requirements of the Montebello Municipal Code.
SECTION 4. Development Agreement. The Development Agreement, which is attached hereto as Attachment “A”, is hereby approved, and the City Manager is hereby authorized and directed to execute it on behalf of the City.
SECTION 5. Recordation. The City Clerk is hereby authorized and directed to cause Development Agreement No. 03-24 (Agreement No. 4417) to be recorded with the County Recorder’s Office for the County of Los Angeles pursuant to the requirements of Government Code §65868.5.
SECTION 6. SEVERABILITY. If any action, subsection, line, sentence, clause, phrase, or word of this Ordinance is for any reason held to be invalid or unconstitutional, either facially or as applied, by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, and each and every individual section, subsection, line, sentence, clause, phrase, or word without regard to any such decision.
SECTION 7. EFFECTIVE DATE. This Ordinance shall become effective thirty (30) days after approval by the City Council.
SECTION 8. PUBLICATION. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published or posted according to law.
ORDINANCE NO. 2484
PASSED, APPROVED, AND ADOPTED 12TH DAY OF NOVEMBER 2025. ___
____________________________
Salvador Melendez, Mayor
A
TTEST:
___
____________________________
Christopher Jimenez, City Clerk
AP
PROVED 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 22 nd day of October 2025, and was adopted by the City Council of the City of Montebello at its meeting held on the 12 th day of November 2025, by the following vote:
A
YES:
NOES:
ABSENT:
ABSTAIN:
___
____________________________
Christopher Jimenez, City Clerk
“ATTACHMENT A”
Development Agreement No. 03-24 (Agreement No. 4417)
[DRAFT – SEPTEMBER 15, 2025]
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL
TO:
City of Montebello
1600 W. Beverly Blvd.
Montebello, CA 90640
Attn: Director of Planning and Community
Development
WITH COPY TO:
SPACE ABOVE THIS LINE FOR RECORDER’S
USE
DEVELOPMENT AGREEMENT
between
THE CITY OF MONTEBELLO,
a municipal corporation (“City”)
and
AltaMed Health Services Corporation
a California Nonprofit Corporation
(“Developer”)
Table of Contents
1. DEFINITIONS .......................................................................................................................... 2
1.1 Affiliate. ...................................................................................................................... 2
1.2 Agreement. ................................................................................................................. 2
1.3 Applications. ............................................................................................................... 3
1.4 Approval Date............................................................................................................. 3
1.5 Authorizing Ordinance. .............................................................................................. 3
1.6 CEQA. ........................................................................................................................ 3
1.7 City. ............................................................................................................................ 3
1.8 City Council. ............................................................................................................... 3
1.9 Claims or Litigation. ................................................................................................... 3
1.10 Conditions of Approval. ............................................................................................. 3
1.11 Control. ....................................................................................................................... 3
1.12 City Manager. ............................................................................................................. 3
1.13 Developer. ................................................................................................................... 3
1.14 Developer Fees. .......................................................................................................... 3
1.15 Development. .............................................................................................................. 4
1.16 Development Agreement Statute. ............................................................................... 4
1.17 Development Approvals. ............................................................................................ 4
1.18 Development Plan....................................................................................................... 4
1.19 Exaction. ..................................................................................................................... 4
1.20 Existing Developer Fees. ............................................................................................ 4
1.21 Existing Development Approvals. .............................................................................. 4
1.22 Existing Land Use Regulations. ................................................................................. 4
1.23 Future Developer Fees. ............................................................................................... 5
1.24 Future Development Approvals. ................................................................................. 5
1.25 Future Land Use Regulations. .................................................................................... 5
1.26 General Plan. .............................................................................................................. 5
1.27 Holder. ........................................................................................................................ 5
1.28 Land Use Regulations. ................................................................................................ 5
1.29 Mortgage. .................................................................................................................... 5
1.30 Non-Defaulting Party. ................................................................................................ 5
1.31 Operative Date. ........................................................................................................... 5
1.32 Person. ........................................................................................................................ 6
1.33 Planning Commission. ................................................................................................ 6
1.34 Planning Director. ....................................................................................................... 6
1.35 Processing Fees........................................................................................................... 6
1.36 Project. ........................................................................................................................ 6
1.37 Transfer. ...................................................................................................................... 6
2. EXHIBITS ................................................................................................................................. 6
3. TERM ........................................................................................................................................ 6
3.1 Term............................................................................................................................ 6
3.2 Operative Date. ........................................................................................................... 7
4. DEVELOPMENT OF THE PROPERTY; DEVELOPER OBLIGATIONS. ........................... 7
4.1 Purpose and Right to Develop. ................................................................................... 7
4.2 Permitted Uses. ........................................................................................................... 7
4.3 Public Benefits; Developer and Processing Fees. ...................................................... 7
5. DEVELOPMENT TIMING ...................................................................................................... 7
5.1 Right of Developer to Control Development and Timing. ......................................... 7
6. FEES, TAXES, AND ASSESSMENTS .................................................................................... 7
6.1 Future Developer Fees. ............................................................................................... 8
6.2 Existing Developer Fees. ............................................................................................ 8
6.3 Future Processing Fees. .............................................................................................. 8
6.4 Exceptions. ................................................................................................................. 8
7. AMENDMENT OF DEVELOPMENT AGREEMENT ........................................................... 8
7.1 Initiation of Amendment. ........................................................................................... 8
7.2 Procedure. ................................................................................................................... 8
7.3 Consent. ...................................................................................................................... 8
7.4 Minor Modifications. .................................................................................................. 8
7.5 Effect of Amendment to Development Agreement. ................................................... 9
8. RESERVATIONS OF AUTHORITY ....................................................................................... 9
8.1 Limitations; Reservations, and Exceptions. ............................................................... 9
8.2 Regulation by Other Public Agencies. ..................................................................... 10
9. ANNUAL REVIEW ................................................................................................................ 10
9.1 Annual Monitoring Review. ..................................................................................... 10
9.2 Failure to Conduct Annual Monitoring Review. ...................................................... 11
10. DEFAULT, REMEDIES AND TERMINATION. .................................................................. 11
10.1 Rights of Non-Defaulting Party after Default. ......................................................... 11
10.2 Notice and Opportunity to Cure. .............................................................................. 11
10.3 Modification or Termination. ................................................................................... 11
10.4 No Specific Performance to Construct Project. ........................................................ 12
10.5 Intentionally Omitted. ............................................................................................... 12
10.6 Rights and Duties Following Termination. .............................................................. 12
11. TRANSFERS ........................................................................................................................... 12
11.1 Right to Transfer. ...................................................................................................... 12
12. INDEMNITY ........................................................................................................................... 13
12.1 Third-Party Litigation. .............................................................................................. 13
12.2 Hold Harmless: Developer’s Construction and Other Activities. ............................ 14
12.3 Survival of Indemnity Obligations. .......................................................................... 15
13. EFFECT OF AGREEMENT ON TITLE ................................................................................ 15
14. PARTIES’ OFFICERS AND EMPLOYEES; NON-DISCRIMINATION ............................ 15
14.1 Non-liability of Parties’ Officers and Employees. ................................................... 15
14.2 Conflict of Interest, Warranty, and Representation of Non-Collusion. .................... 15
14.3 Covenant Against Discrimination. ........................................................................... 16
15. MORTGAGEE PROTECTION. ............................................................................................. 16
15.1 Developer’s Breach Not Defeat Mortgage Lien. ...................................................... 16
15.2 Holder Not Obligated to Construct or Complete Improvements. ............................. 16
15.3 Notice of Default to Mortgagee, Deed of Trust or Other Security Interest Holders. 16
15.4 Right to Cure. ........................................................................................................... 17
15.5 Changes Requested by Lenders. ............................................................................... 17
16. GENERAL ............................................................................................................................... 17
16.1 Estoppel Certificates. ................................................................................................ 17
16.2 Force Majeure. .......................................................................................................... 17
16.3 Construction of Development Agreement. ............................................................... 18
16.4 Severability. .............................................................................................................. 18
16.5 Attorneys’ Fees. ........................................................................................................ 18
16.6 Joint and Several Obligations. .................................................................................. 18
16.7 Time of Essence. ....................................................................................................... 18
16.8 Waiver. ..................................................................................................................... 18
16.9 No Third-Party Beneficiaries. ................................................................................... 19
16.10 Mutual Covenants. .................................................................................................... 19
16.11 Relationship of Parties. ............................................................................................. 19
16.12 Notice........................................................................................................................ 19
16.13 Further Actions and Instruments. ............................................................................. 20
16.14 Entire Agreement. ..................................................................................................... 20
16.15 Recitals. .................................................................................................................... 20
16.16 Counterparts.............................................................................................................. 20
16.17 Recording.................................................................................................................. 20
16.18 Authority to Execute. ................................................................................................ 20
1 DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (this “Agreement”) is entered into on ______________, by the CITY OF MONTEBELLO (the “City”), a municipal corporation, and AltaMed Health Services Corporation , a California nonprofit corporation (the “Developer”), pursuant to Article 2.5 of Chapter 4 of Division 1 of Title 7, Sections 65864 through 65869.5 of the California Government Code. City and Developer shall be referred to within this Agreement jointly as the “Parties” and individually as a “Party.”
R E C I T A L S:
A. Capitalized Terms. The capitalized terms used in these recitals and throughout this Agreement shall have the meaning assigned to them in Section 1. Any capitalized terms not defined in Section 1 shall have the meaning otherwise assigned to them in this Agreement.
B. Property Status . The Developer holds a legal or equitable interest in certain parcels of real property located at 1401 N. Montebello Boulevard in the City of Montebello, California, and which is more particularly described in the “Legal Description of Property” attached hereto as Exhibit A and as further shown on the “Site Map” attached hereto as Exhibit B (collectively Exhibit A and Exhibit B, depicting the “Property”).
C. Project. The Property is being renovated to accommodate Developer’s private administrative offices (the “Project”). The Project will include: i) office/meeting room space; ii) a private art gallery; and iii) art storage space. The renovated spaces consist of approximately 15,668 square feet of dedicated floor area on the second floor of an existing commercial building, including 2,484 square feet for office and support services space, 3,302 square feet for the art gallery, 5,683 square feet for the art storage space, and 4,199 square feet of ancillary space. For the avoidance of doubt, Developer’s redevelopment of the office space, proposed office/administrative use, and the proposed expansion of the use to allow members of the public to access certain portions of the Property are authorized under the Montebello Municipal Code and all applicable land use regulations and policies. The scope of this Agreement is limited to Developer’s right to host members of the public at the Property at Developer’s sole discretion, and the public benefits described in Exhibit C.
D. Legislation Authorizing Development Agreements. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the legislature of the State of California adopted the Development Agreement Statute, Sections 65864, et seq ., of the Government Code, authorizing the City to enter into an agreement with any Person (as hereinafter defined) having a legal or equitable interest in real property providing for the development of such property and establishing certain development rights therein.
E. Public Benefits. The Developer agrees to provide the City with certain public benefits as more specifically identified in Section 4.3 and Exhibit C of this Agreement, including a one -time Public Benefit Fee to the City in the amount of two hundred thousand dollars ($200,000) and limited access to the property consistent with the terms of Exhibit D.
2 F. Intent of the Parties . The Developer and the City have determined that the expanded use for certain portions of the Project is a development for which a development agreement is appropriate. The Parties acknowledge and agree that Developer’s intended use of the Property as a private administrative office, and the expansion of this use to allow occasional public access to parts of the Property are consistent with the City’s Zoning Code, General Plan, Precise Plan, and all applicable regulations and restrictions. The Parties desire to define the parameters of the Developer’s public benefits offering and provide for the orderly development of the Property, assist in attaining the most effective utilization of resources within the City, and otherwise achieve the goals of the Development Agreement Statute. In consideration of these benefits to City and the public benefits of the development of the Property, the Developer will receive assurances that the City shall grant all permits and approvals required for the development of the Property accordance with this Agreement.
G. Public Hearings: Findings. Pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000, et seq . (“CEQA”)), appropriate studies, analyses, reports, or documents were prepared and considered by the City’s Planning Commission (“Planning Commission”) and the City’s City Council (“City Council”). The Planning Commission, after a public hearing on _________, recommended approval to the City Council, and on ______________ the City Council adopted, Ordinance No. ________________ approving this Agreement (the “Authorizing Ordinance”). The Planning Commission and the City Council have found, on the basis of substantial evidence, that this Agreement is consistent with all applicable plans, rules, regulations and official policies of the City. Specifically, the City Council has found that the Agreement: (i) is consistent with the City’s General Plan (“General Plan”) and any applicable specific plan; (ii) is in conformity with public convenience and good land use practices; (iii) will not be detrimental to the health, safety and general welfare; (iv) will not adversely affect the orderly development of property or the preservation of property values; and (v) is consistent with the provisions of Government Code Sections 65864 through 65869.5.
H. Mutual Agreement. Based on the foregoing and subject to the terms and conditions set forth herein, the Developer and the City desire to enter into this Agreement.
NOW, THEREFORE , pursuant to the authority contained in the Development Agreement Statute as it applies to the City and the Authorizing Ordinance, and in consideration of the mutual promises and covenants herein contained, and having determined that the foregoing recitals are true and correct and should be and hereby are incorporated into this Agreement, the Parties agree as follows:
1. DEFINITIONS
The following words and phrases are used as defined terms throughout this Agreement. Each defined term shall have the meaning set forth below and shall be applicable to both the singular and plural form of any nouns and verbs of any tense.
1.1 Affiliate. “Affiliate” means, with respect to any specified Person, any Person which, directly or indirectly, through one or more intermediaries, Controls, is Controlled by, or is under common Control with, such specified Person.
1.2 Agreement. “Agreement” means this Development Agreement as the same may
3 be amended or modified from time to time.
1.3 Applications. “Application(s)” shall mean a complete application for the applicable land use approvals (such as a subdivision map, conditional use permit, etc.) meeting all of the Existing Land Use Regulations, provided that any additional or alternate requirements in Future Land Use Regulations which affect the Project application shall apply only to the extent permitted by this Agreement.
1.4 Approval Date . “Approval Date” means the date of the adoption of the Authorizing Ordinance by the City Council.
1.5 Authorizing Ordinance . “Authorizing Ordinance” means Ordinance No. ___________ of City approving this Agreement.
1.6 CEQA. “CEQA” means the California Environmental Quality Act (Public Resources Code Sections 21000, et seq.).
1.7 City. “City” means the City of Montebello, California.
1.8 City Council . “City Council” means the governing body of the City of Montebello, California.
1.9 Claims or Litigation. “Claims or Litigation” shall mean any challenge by adjacent owners or any other third parties (i) to the legality, validity or adequacy of the General Plan, Land Use Regulations, this Agreement, Development Approvals, or other actions of City, in each case, solely to the extent pertaining to the Project, or (ii) seeking damages against City as a consequence of the foregoing actions or for the taking or diminution in value of their property as a consequence of the foregoing actions.
1.10 Conditions of Approval . “Conditions of Approval” means those conditions of approval imposed by City upon the Existing Development Approvals as of the Approval Date, and any additional conditions of approval thereafter imposed by City upon Future Development Approvals in accordance with this Agreement.
1.11 Control. “Control,” or any derivative thereof, when used with respect to any specified Person, means the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of such Person, whether through ownership of voting securities or partnership or membership or other ownership interests, by contract or otherwise; provided, however, that, without limiting the generality of the foregoing, (i) a general partner shall always be deemed to Control any general partnership, limited partnership, or limited liability partnership of which it is a general partner, and (ii) a manager shall always be deemed to Control any limited liability company of which it is a manager.
1.12 City Manager . “City Manager” means the City Manager of the City of Montebello, California.
1.13 Developer. “Developer” means AltaMed Health Services Corporation and any assignee or transferee in accordance with Section 11.
1.14 Developer Fees . “Developer Fees” mean those fees established and adopted by the City with respect to development and its impacts pursuant to applicable governmental requirements, including Section 66000, et seq ., of the Government Code of the State of California, including impact fees, linkage fees, exactions, assessments or fair share charges or other similar impact fees or charges imposed on or in connection with new
4 development but only when imposed by the City. Developer Fees does not mean or include Processing Fees.
1.15 Development. “Development” means the remediation of the Property in preparation for development and the improvement of the Property for purposes of effecting the structures, improvements and facilities comprising the Project including, grading and the construction of subsurface structures; the construction of infrastructure and public facilities related to the Project whether located within or outside the Property; the construction of structures, buildings, and improvements thereon in accordance with the Development Approvals during the Term of this Agreement; and the installation of landscaping; but not including the maintenance, repair, or redevelopment of any structures, improvements or facilities after the construction and completion thereof.
1.16 Development Agreement Statute . “Development Agreement Statute” means Sections 65864 through 65869.5 of the California Government Code as in effect on the Approval Date, as the same may thereafter be amended.
1.17 Development Approvals . “Development Approvals” means all site- specific (meaning specifically applicable to the Property or the Development thereof only and not generally applicable to some or all other properties within the City) plans, maps, permits, and entitlements to use of every kind and nature. Development Approvals includes, but is not limited to, specific plans, site plans, tentative and final subdivision maps, vesting tentative maps, variances, zoning designations, planned unit developments, conditional use permits, grading, building, and other similar permits, the site -specific provisions of general plans (including, without limitation, the General Plan), environmental assessments, including environmental impact reports, and any amendments or modifications to those plans, maps, permits, assessments and entitlements. The term Development Approvals does not include rules, regulations, policies, and other enactments of general application within the City (except to the extent applicable to the Property or the Development thereof as provided above).
1.18 Development Plan . “Development Plan” means the Existing Development Approvals, Future Development Approvals (if any), and Existing Land Use Regulations.
1.19 Exaction. “Exaction” means dedications of land, payment of Developer Fees and/or construction of public infrastructure by Developer as part of the Development.
1.20 Existing Developer Fees . “Existing Developer Fees” mean the Developer Fees applicable to the Property and/or the Development thereof in effect as of the Approval Date.
1.21 Existing Development Approvals. “Existing Development Approvals” means the following Development Approvals approved in connection with case numbers PC -2024- 0012-CUP, DA 03 -24, and ENV No. 10- 24, which are incorporated and made a part of this Agreement:
(a) Conditional Use Permit No. PC-2024-0012-CUP;
(b) This Development Agreement.
1.22 Existing Land Use Regulations . “Existing Land Use Regulations” means those certain Land Use Regulations applicable to the Property and/or the Development thereof
5 in effect on the Approval Date.
1.23 Future Developer Fees . “Future Developer Fees” mean any Developer Fees applicable to the Property and/or the Development thereof not in effect as of the Approval Date. Future Developer Fees which affect the Project shall apply only to the extent permitted by this Agreement.
1.24 Future Development Approvals . “Future Development Approvals” means those Development Approvals applicable to the Property and/or the Development thereof approved by the City after the Approval Date, if any, such as more detailed planning and engineering approval requirements. Future Development Approvals which affect the Project shall apply only to the extent permitted by this Agreement.
1.25 Future Land Use Regulations . “Future Land Use Regulations” means any Land Use Regulations applicable to the Property adopted or enacted after the Approval Date including, without limitation, any modification or amendment of Existing Land Use Regulations after the Approval Date. Future Land Use Regulations which affect the Project shall apply only to the extent permitted by this Agreement.
1.26 General Plan . “General Plan” shall mean the general plan of the City of Montebello in effect on the Approval Date.
1.27 Holder. “Holder” or “holder” means the holder of any mortgage, deed of trust, or other security interest, or the lessor under a lease -back, or the grantee under any other conveyance for financing, as provided in Section 15.
1.28 Land Use Regulations . “Land Use Regulations” means those ordinances, laws, statutes, rules, regulations, initiatives, policies, requirements, guidelines, constraints, codes or other actions of the City which affect, govern, or apply to the Property or the implementation of the Development Plan. Land Use Regulations include the ordinances and regulations adopted by the City which govern permitted uses of land, density and intensity of use and the design of buildings, applicable to the Property, including, but not limited to, the General Plan, specific plans, zoning ordinances, development moratoria, implementing growth management and phased development programs, ordinances and park codes, any other similar or related codes and building and improvements standards, mitigation measures required in order to lessen or compensate for the adverse impacts of a project on the environment and other public interests and concerns or similar matters.
The term Land Use Regulations does not include, however, regulations relating to the conduct of business, professions, and occupations generally; taxes and assessments; regulations for the control and abatement of nuisances; uniform building codes; encroachment and other permits and the conveyances of rights and interests which provide for the use of or entry upon public property; any exercise of the power of eminent domain; or similar matters.
1.29 Mortgage. “Mortgage” or “mortgage” means any mortgage (whether a leasehold or feehold mortgage or otherwise), deed of trust (whether a leasehold or feehold deed of trust or otherwise), or other security interest, or sale and lease -back, or any other form of conveyance for financing, as provided in Section 15.1.
1.30 Non-Defaulting Party . “Non-Defaulting Party” means the Party other than the Defaulting Party.
1.31 Operative Date. “Operative Date” means the date this Agreement becomes
6 operative with respect to the Development of the Property and the Project as set forth in Section 3.2.
1.32 Person. “Person” means any individual, corporation, partnership, limited partnership, limited liability partnership, limited liability company, joint venture, association, firm, joint stock company, trust, estate, unincorporated association, governmental or quasi-governmental body, authority or agency, or other entity.
1.33 Planning Commission. “Planning Commission” means the Planning Commission of the City.
1.34 Planning Director . “Planning Director” shall mean the Planning & Community Development Director or similar officer of the City.
1.35 Processing Fees . “Processing Fees” means all processing fees and charges required by the City in connection with the Development of the Property and the Project, including, but not limited to, fees for land use Applications, building permit Applications, building permits, grading permits, subdivision or parcel maps, inspection fees and certificates of occupancy. Processing Fees shall not mean or include Developer Fees.
1.36 Project. “Project” means the expanded use on the Property as outlined in Paragraph “C” of the Recitals, above, and as approved pursuant to this Agreement.
1.37 Public Benefit Fee. “Public Benefit Fee” means a one- time community benefit fee in the amount of two hundred thousand dollars ($200,000) provided by Developer to the City pursuant to Section 6.4.
1.38 Transfer. “Transfer” means any hypothecation, sale, conveyance, lease, assignment or other transfer of the Developer’s rights under this Agreement or of the Property together with any rights or obligations under this Agreement.
2. EXHIBITS
The following are the Exhibits to this Agreement:
Exhibit A: Legal Description of the Property
Exhibit B: Site Map of the Property
Exhibit C: Description of Public Benefits
Exhibit D: Access Agreement
This Agreement includes the foregoing Exhibits which are attached hereto and are incorporated herein in their entirety.
3. TERM
3.1 Term. The term of this Agreement (the “Term”) shall be for a period of twenty (20) years commence upon the Approval Date and shall terminate on the twentieth (20th) anniversary of the Operative Date. In addition, the term of the CUP shall be coterminous with the Term of this Agreement. In the event that a referendum petition concerning this Agreement is duly filed in such a manner that the ordinance approving this Agreement is suspended, then the Term is deemed to commence upon City Council certification of the results of the referendum election approving this Agreement. Upon the expiration of the Term, this Agreement shall terminate and be of no further force or effect.
7 3.2 Operative Date. This Agreement shall become effective immediately upon the Approval Date for the limited purpose of effectuating necessary provisions of this Agreement (e.g., definition of Existing Land Use Regulations, the Indemnity provisions of Section 12, etc.), but this Agreement shall not become fully operative until such time that the Authorizing Ordinance adopting this Agreement becomes effective.
4. USE OF THE PROPERTY; DEVELOPER RIGHTS & RESPONSIBILITIES.
4.1 Purpose. The Property is located within an existing commercially zoned shopping center. The public benefits associated with the Agreement are intended to support much needed community activities and enhancements such as public art incubators, educational opportunities for art, cultural events, community programs, and similar activities and services within the City. During the Term, the Developer shall have a vested right to use the Property to the full extent permitted by the Development Plan and this Agreement.
Except as expressly provided in this Agreement, the Development Plan shall exclusively control the development of the Property (including the permitted uses of the Property, the density or intensity of use, type of use, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes and the design, improvement and construction standards and specifications applicable to the Project and the development of the Property). Except as expressly provided in this Agreement, any Future Land Use Regulations shall not be applied to the Project unless the Developer gives written notice to City of its election to have such Future Land Use Regulations applied to the Project.
4.2 Permitted Uses. The Parties acknowledge and agree that the Developer’s intended use of the Property as a private administrative office is permitted by- right notwithstanding the terms of this Agreement. This Agreement allows Developer to use portions of the Property (including the private art gallery and accessory office and art storage spaces) identified in Exhibit B to be made available for public use at the Developer’s sole discretion.
4.3 Public Benefits; Developer and Processing Fees . Except as otherwise provided in this Agreement, the Developer shall provide to the City the public benefits listed in Exhibit C.
5. DEVELOPMENT TIMING
5.1 Right of Developer to Control Development and Timing. The Developer cannot fully predict the timing, phasing, or sequencing in which the Project will be developed.
Such decisions depend upon numerous factors, many of which are not completely within the control of the Developer, such as market orientation and demand, interest rates, absorption, completion, availability of financing, and the state of the general economy.
Therefore, notwithstanding anything herein to the contrary, the Developer may decide the timing, phasing, and sequencing of the Project as Developer from time to time deems appropriate in the exercise of the Developer’s business judgment, this Agreement shall not in any way obligate the Developer to complete construction of the Project or any portion thereof, or to expand the use as described in this Agreement. Developer shall decide whether to proceed with development of the Project in its sole discretion.
6. FEES, TAXES, AND ASSESSMENTS
8 6.1 Future Developer Fees . Notwithstanding anything herein to the contrary, during the Term of this Agreement, the Project and the Developer shall not be subject to any Future Developer Fees.
6.2 Existing Developer Fees. Notwithstanding anything herein to the contrary, during the Term of this Agreement, the Project and the Developer shall not be subject to any increase in the amount of the Existing Developer Fees.
6.3 Future Processing Fees . With respect to Processing Fees, the Project and the Developer shall be subject to the amount in effect at the time said Processing Fee is due, provided that the Processing Fee is not imposed in a manner which discriminates against the Developer or the Project and does not exceed the estimated reasonable cost of providing the service.
6.4 Public Benefit Fee. In addition to Developer’s obligations herein, Developer shall pay to the City a one -time Public Benefit Fee in the amount of two hundred thousand dollars ($200,000) as a condition precedent to the City’s issuance of the Final Certificate of Occupancy for the Project and all required business licenses authorizing both the primary office/administrative use and the expanded use to authorize public access to portions of the Property. The City acknowledges and agrees that the Public Benefit Fee shall not be used for any purpose that violates federal, state, or local laws and ordinances.
6.5 Exceptions. This Agreement shall not prohibit the application of fees, taxes or assessments as follows:
(a) The Developer shall be obligated to pay any applicable fees or taxes which are in effect on a City -wide basis as of the Operative Date which are not related to construction or development activities such as business license fees or taxes and utility taxes. (b) The Developer shall be obligated to pay any fees as imposed pursuant to any assessment district established within the Project, provided that such assessment district is otherwise proposed or consented to by the Developer.
(c) Subject to Section 5.1, the Developer shall be obligated to pay any fees which were imposed as Conditions of Approval or any other condition or mitigation measure, required as part of the approval for Existing Development Approvals consistent with this Agreement.
7. AMENDMENT OF DEVELOPMENT AGREEMENT
7.1 Initiation of Amendment . Either Party may propose an amendment to this Agreement.
7.2 Procedure. Except as set forth in Section 7.4 or Section 10.3, the procedure for proposing and adopting an amendment to this Agreement shall be the same as the procedure required for entering into this Agreement in the first instance.
7.3 Consent. No amendment to all or any provision of this Agreement shall be effective unless set forth in writing and signed by duly authorized representatives of each of the Parties hereto and recorded in the Official Records of Los Angeles County.
7.4 Minor Modifications . Implementation of the Project may require minor modifications of the details of the Development Plan and performance of the Parties
9 under this Agreement. The Parties desire to retain a certain degree of flexibility with respect to those items covered in general terms under this Agreement. Therefore, non- substantive and procedural modifications of the Development Plan shall not require an amendment to this Agreement, although they shall require the written consent of both Parties.
A modification will be deemed non -substantive and/or procedural if it does not result in a material change in fees, size and intensity of use, permitted uses, the height and size of buildings, number of parking spaces, or the improvement and construction standards and specifications for the Project. Where applicable, a change of less than 10% to any proposed Project specifications shall not be deemed a “material change.” The determination as to whether a matter is non -substantive and procedural shall be made by the City Manager based on the advice of the City’s City Attorney (“City Attorney”) and in consultation with the Developer. The determination of the City Manager shall be final. A written record, containing the written consent of both Parties hereto, shall be made of all non-substantive and/or procedural changes.
7.5 Effect of Amendment to Development Agreement . The Parties agree that, except as may be expressly set forth in any such amendment, an amendment to this Agreement will not alter, affect, impair, modify, waive, or otherwise impact any other rights, duties, or obligations of either Party under this Agreement.
8. RESERVATIONS OF AUTHORITY
8.1 Limitations; Reservations, and Exceptions . Notwithstanding anything to the contrary set forth hereinabove, in addition to the Existing Land Use Regulations, only the following Land Use Regulations adopted by City hereafter shall apply to and govern the Development of the Property:
(a) Future Regulations . Only those Future Land Use Regulations for which Developer gives City written notice of its election to have such Future Land Use Regulations applied to the Property.
(b) State and Federal Laws and Regulations . Where state or federal laws or regulations enacted after the Approval Date prevent or preclude compliance with one or more provisions of this Agreement, those provisions shall be modified, through revision or suspension, to the extent necessary to comply with such state or federal laws or regulations, in each case, with the prior written consent of the Parties.
(c) Public Health and Safety/Uniform Codes.
i. Future Land Use Regulations or amending Existing Land Use Regulations which are uniform codes and are based on recommendations of a multi -state professional organization and become applicable throughout City, such as, but not limited to, the Uniform Building, Electrical, Plumbing, Mechanical, or Fire Codes, provided such codes are uniformly applied on a City- wide basis to all substantially similar types of development projects and properties.
ii. Future laws and ordinances of general applicability
10 (“Regulations”) concerning the use of property required for public health and safety which (A) are applicable throughout the City, (B) directly result from findings by City that failure to adopt such Regulations would result in a condition injurious or detrimental to the public health and safety, and (C) that such Regulations are the only reasonable means to correct or avoid such injurious or detrimental condition, provided such Regulations are uniformly applied on a City- wide basis to all substantially similar types of development projects and properties. This provision is not intended to and does not provide a basis for the imposition of additional Exactions or a moratorium or other like restriction on the timing of development which would impact the Development of the Project.
iii. Future Land Use Regulations or amending Existing Land Use Regulations which are regional codes and are based on recommendations of a county or regional organization and which become applicable throughout the region and are uniformly applied on a City-wide basis to all substantially similar types of development projects and properties.
8.2 Regulation by Other Public Agencies. It is acknowledged by the Parties that other public agencies not within the control of the City possess authority to regulate aspects of the Development of the Property separately from or jointly with the City and this Agreement does not limit the authority of such other public agencies.
9. ANNUAL REVIEW
9.1 Annual Monitoring Review.
(a) The City and the Developer shall review the extent of the Developer’s good faith substantial compliance with the terms and provisions of this Agreement, as well as the performance by the City of its obligations under this Agreement, on or about April 1 of each year during the Term (“Annual Monitoring Review”).
(b) As part of such Annual Monitoring Review, Developer shall submit a written status report to the City demonstrating that, during the preceding twelve -month (12 - month) period, it has been in good faith compliance with this Agreement. For purposes of this Agreement, the phrase “good faith compliance” shall mean that the Developer has demonstrated that it has acted in a commercially reasonable manner (taking into account the circumstances which then exist) and in good faith in and has substantially complied in good faith with the Developer’s material obligations under this Agreement.
(c) By March 1 of each year during the Term, the City must deliver to the Developer a copy of all staff reports prepared in connection with an Annual Monitoring Review, any prior staff reports generated during the review period, written comments from the public, and, to the extent practical, all related exhibits concerning such Annual Monitoring Review.
This information shall be known as the “City Report.”
(d) Following delivery of the City Report, no later than April 1 of each year during the Term, the Developer must submit a written status report to the Director addressing the good faith compliance issue set forth in Section 9.1(b) above and any issues raised by the City Report provided to the Developer in accordance with Section 9.1(c) above.
11 (e) The actual reasonable cost of the Annual Monitoring Review shall be borne by the Developer upon receipt of invoices from the City, not to exceed $1,000 for each Annual Monitoring Review.
9.2 Failure to Conduct Annual Monitoring Review . The City’s failure to review, at least annually, compliance by the Developer with the terms and conditions of this Agreement shall not constitute or be asserted by any Party as a breach by any other Party of this Agreement. If the City fails to provide the City Report by March 1 of each year during the Term, the Developer will be deemed to be in good faith compliance with this Agreement for the following twelve-month (12-month) period.
10. DEFAULT, REMEDIES AND TERMINATION.
10.1 Rights of Non- Defaulting Party after Default . The Parties agree that legal damages would be extremely difficult to determine and would not give the Parties the benefit of their bargain. Accordingly, the Parties agree that, subject to the provisions of Section 10.4, following the occurrence of a Default (defined below), the Party not in Default (as defined in Section 10.2 below) (the “Non- Defaulting Party”) shall have only the equitable remedy of specific performance or alternatively the ability to terminate this Agreement for a Default by the other Party (the “Defaulting Party”), subject to the procedure of notice and hearing herein. Before this Agreement may be terminated or action may be taken to obtain judicial relief, the Non- Defaulting Party shall comply with the notice and cure provisions of this Section 10 . Nothing in this Section shall limit a Party’s right to recover attorneys’ fees pursuant to Section 16.5.
10.2 Notice and Opportunity to Cure . The Non-Defaulting Party in its discretion may elect to declare a default under this Agreement in accordance with the procedures hereinafter set forth for any failure or breach of the Defaulting Party to perform any material duty or obligation of said Defaulting Party under the terms of this Agreement.
However, prior to declaring a default, the Non- Defaulting Party must provide written notice to the Defaulting Party setting forth the nature of the breach or failure and the actions, if any, required by the Defaulting Party to cure such breach or failure. The Defaulting Party shall be deemed in “Default” under this Agreement if the Defaulting Party has failed to take such actions and cure such breach or failure within sixty (60) days after the date of such notice (“Cure Period”). However, if a breach or failure cannot reasonably be cured within such Cure Period, then the Defaulting Party shall not be deemed in Default under this Agreement provided that the Defaulting Party commences to cure the breach within the Cure Period and thereafter diligently prosecutes such cure to completion.
10.3 Modification or Termination.
(a) If, in the case of a Default by the Developer which is not timely cured after notice and within the Cure Period, in accordance with Section 10.2, the City determines that this Agreement shall be modified or terminated, then the City shall give notice to the Developer of its intention to initiate proceedings to modify or terminate this Agreement.
12 (b) The City Council shall hold a public hearing for any proposed termination or modification, except that any amendment or modification which does not relate to the duration of the Agreement, permitted uses of the property, density or intensity of use, height or size or proposed buildings, provisions for reservation or dedication of land, or to any conditions, terms, restrictions or requirements relating to subsequent discretionary actions relating to design, improvement, construction standards and specifications, improvement and construction standards or any other condition or covenant relating to the use of the property shall not require a noticed public hearing before the City Council.
(c) The City Council may refer the matter to the Planning Commission for further proceedings or for a report and recommendation. Upon receipt of any such report and recommendation and the completion of the public hearing, if any, the City Council shall take final action on the modification or termination. The Developer must demonstrate good faith compliance with the terms and conditions of this Agreement. The burden of proof is upon the Developer. The hearing shall be administrative with no public testimony, unless the City Council otherwise determines. The Developer shall have the opportunity to present written or oral testimony. As part of that final determination, the City Council may impose conditions which it considers necessary and appropriate to protect public health, safety and welfare and the interests of the City. The decision of the City Council must be by a majority of its membership, and shall be final, except for judicial review thereof.
(d) Notwithstanding anything in this Agreement to the contrary, there shall be no modification of this Agreement without Developer’s written consent thereto. If the City Council determines that modification of this Agreement is appropriate pursuant to this Section
10.3, the City shall inform the Developer of such proposed modification and, unless the Developer consents in writing to such modification, the City shall have the right to proceed with termination of this Agreement pursuant to the provisions of this Section 10.
10.4 No Specific Performance to Construct Project . Notwithstanding the provisions of Section 10.1, the City shall not have the right to specifically enforce against the Developer any provisions of this Agreement, nor in any way to compel the Developer to either start or complete the Project, nor to seek any monetary damages from the Developer for the Developer’s failure to start or complete the Project.
10.5 Intentionally Omitted.
10.6 Rights and Duties Following Termination. Upon the termination of this Agreement, no Party shall have any further right or obligation hereunder except (i) with respect to any obligations that accrued prior to said termination or with respect to any Default in the performance of the provisions of this Agreement which has occurred prior to said termination, (ii) with respect to any indemnity obligations set forth herein which accrued prior to said termination, and (iii) with respect to any right or duty arising from entitlements or approvals, including the Development Approvals, applicable to the Property approved prior to the effective date of the termination.
11. TRANSFERS
11.1 Right to Transfer.
13 (a) General. The Developer may Transfer its interests, rights or obligations under this Agreement with respect to the Property, or any portion thereof, to any person at any time (a “Transferee”) during the term of this Agreement with approval from the City Manager.
For purpose of this Agreement, the Transferee must be considered the “owner” of that portion of the Property which is covered by such transfer. For the avoidance of doubt, for the purpose of this Section 11.1, the “owner” shall include any party with a legal or equitable interest in the Property, including lessees.
(b) Assumption Agreement. Upon a Transfer of this Agreement, the Developer shall be released and relieved of its legal duty from the assigned obligations under this Agreement, except to the extent the Developer is in Default under the terms of this Agreement prior to said Transfer, if (i) the Developer has provided to the City prior or subsequent written notice of such Transfer, and (ii) the Transferee has expressly assumed in writing, in a form reasonably acceptable to the City, the assigned obligations of the Developer. Following any such Transfer of any of the rights and interests of the Developer under this Agreement, in accordance with Section 10.1(a) above, the exercise, use, and enjoyment of such rights shall continue to be subject to the terms of this Agreement to the same extent as if the Transferee were the Developer; provided, however, that, to the extent released as provided above, any Default by the Developer shall not constitute a Default by the Transferee, and any Default by such Transferee shall not constitute a Default by the Developer or any other Transferee. (c) If a Transferee defaults with respect to any provision of this Agreement, the Developer may, but is not obligated to, resume Transferee’s obligations upon written notification to the City.
12. INDEMNITY
12.1 Third-Party Litigation.
(a) Non-liability of the City. As set forth above, the City has determined that this Agreement is consistent with the General Plan and that the General Plan and Development Approvals meets all of the legal requirements of state law. The Parties acknowledge that:
i. In the future there may be challenges to the legality, validity and adequacy of the General Plan, the Development Approvals and/or this Agreement; and ii. If successful, such challenges could delay or prevent the performance of this Agreement and the development of the Property.
In addition to the other provisions of this Agreement, including, without limitation, the provisions of this Section 12, the City shall have no liability under this Agreement for any failure of the City to perform under this Agreement or the inability of the Developer to develop the Property as contemplated by the Development Plan or this Agreement as the result of a judicial determination that, on the Approval Date, or at any time thereafter, the General Plan, the Land Use Regulations, the Development Approvals, this Agreement, or portions thereof, are invalid or inadequate or not in compliance with law.
14 (b) Revision of Land Use Restrictions. If for any reason the General Plan, Land Use Regulations, Development Approvals, this Agreement or any part thereof is hereafter judicially determined as provided above to be not in compliance with the State or Federal Constitutions, laws or regulations and, if such noncompliance can be cured by an appropriate amendment thereof otherwise conforming to the provisions of this Agreement, then this Agreement shall remain in full force and effect to the extent permitted by law. The Development Plan, Development Approvals and this Agreement shall be amended, as necessary and with the Parties’ prior written consent, in order to comply with such judicial decision. (c) Participation in Litigation; Indemnity. The Developer agrees to indemnify the City and its elected boards, commissions, officers, agents and employees and will hold and save them and each of them harmless from any and all actions, suits, claims, liabilities, losses, damages, penalties, obligations and expenses (including, but not limited to, attorneys’ fees and costs) against the City for any Claims or Litigation which arise during the Term of this Agreement, except to the extent such Claims or Litigation are the result of the City’s sole negligence or intentional misconduct. The City shall promptly provide the Developer with notice of the pendency of any such Claims or Litigation and request that the Developer defend the same. If the City fails promptly to notify the Developer of any such Claims or Litigation or fails to cooperate fully in the defense thereof, the Developer shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. The Developer may utilize the City Attorney’s office or use legal counsel of Developer’s choosing, but shall reimburse the City for any necessary legal cost incurred by the City. If the Developer fails to do so, the City may defend the Claims or Litigation and Developer shall pay the cost thereof, but if the City chooses not to defend the Claims or Litigation, it shall have no liability to the Developer. The Developer’s obligation to pay the defense cost shall extend until judgment and thereafter through any appeals.
In the event of an appeal, or a settlement offer, the Parties will confer in good faith as to how to proceed and the resolution of any such appeal and the Parties’ response to any such settlement offer shall require the consent of both Parties, which consent shall not be unreasonably withheld.
12.2 Hold Harmless: Developer’s Construction and Other Activities . The Developer hereby agrees to, and shall defend, save and hold the City and its elected and appointed board commissions, officers, agents, and employees harmless from any and all claims, costs (including attorneys’ fees) and liability for any third party damages, personal injury or death, which may arise, directly or indirectly, from Developer’s or Developer’s agents, contractors, subcontractors, agents, or employees’ performance under this Agreement, whether such performance be by the Developer or by any of Developer’s agents, contractors or subcontractors or by any one or more Persons directly or indirectly employed by or acting as agent for Developer or any of Developer’s agents, contractors or subcontractors, in each case, during the Term of this Agreement and except to the extent such Claims or Limitation are the result of the City’s negligence or intentional misconduct. The City shall promptly provide the Developer with notice of the pendency of any such claim, action or proceeding against the City and request that the Developer defend the same. If the City fails promptly to notify the Developer of any such claim, action or proceeding or fails to cooperate fully in the defense thereof, the Developer shall not, thereafter, be responsible to defend, indemnify, or hold harmless City. Nothing
15 herein is intended to make the Developer liable for the acts or negligent omissions of the City’s officers, employees, agents, contractors of subcontractors or any liability arising therefrom.
12.3 Survival of Indemnity Obligations . All indemnity obligations set forth in this Agreement shall survive termination of this Agreement for any reason other than the City’s Default.
13. EFFECT OF AGREEMENT ON TITLE
13.1 Subject to the provisions of Sections 11 and 15:
(a) All of the provisions, agreements, rights, powers, standards, terms, covenants and obligations contained in this Agreement shall be binding upon the Parties and their respective heirs, successors (by merger, consolidation, or otherwise) and assigns, devisees, administrators, representatives, lessees, and all other Persons acquiring any rights or interests in the Property, or any portion thereof, whether by operation of laws or in any manner whatsoever and shall inure to the benefit of the Parties and their respective heirs, successors (by merger, consolidation or otherwise) and assigns;
(b) All of the provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land pursuant to applicable law; and (c) Each covenant to do or refrain from doing some act on the Property hereunder (i) is for the benefit of and is a burden upon every portion of the Property, (ii) runs with such lands, and (iii) is binding upon each Party and each successive owner during its ownership of such properties or any portion thereof, and each Person having any interest therein derived in any manner through any owner of such lands, or any portion thereof, and each other Person succeeding to an interest in such lands.
14. PARTIES’ OFFICERS AND EMPLOYEES; NON-DISCRIMINATION
14.1 Non-liability of Parties’ Officers and Employees. No official, agent, contractor, or employee of the City shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Developer or to its successor, or for breach of any obligation of the terms of this Agreement. No member, official, agent, contractor, or employee of the Developer shall be personally liable to the City, or any successor in interest, in the event of any default or breach by the Developer or for any amount which may become due to the City or to its successor, or for breach of any obligation of the terms of this Agreement.
14.2 Conflict of Interest, Warranty, and Representation of Non- Collusion. No official, officer, or employee of the City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of the City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State
16 or municipal statute, ordinance or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interest found to be “remote” or not an “interest” pursuant to California Government Code Sections 1091 through 1091.5.
The Developer warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded this Agreement other than customary expenses of attorneys, advisors, consultants and other similar third parties assisting the Developer in the negotiation and documentation of this Agreement. The Developer further warrants and represents that it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result or consequence of obtaining or being awarded any agreement other than customary expenses of attorneys, advisors, consultants and other similar third parties assisting Developer in the negotiation and documentation of this Agreement. The Developer is aware of and understands that any such act(s), omission(s) or other conduct in violation of applicable law resulting in the payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
14.3 Covenant Against Discrimination . The Developer covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement.
15. MORTGAGEE PROTECTION.
15.1 Developer’s Breach Not Defeat Mortgage Lien . The Developer’s breach of any of the covenants or restrictions contained in this Agreement shall not defeat or render void or invalid the lien of any mortgage made in good faith and for value but unless otherwise provided herein, the terms, conditions, covenants, restrictions, easements, and reservations of this Agreement shall be binding and effective against the holder of any such mortgage whose interest is acquired by foreclosure, trustee’s sale, deed or assignment in lieu thereof, or otherwise.
15.2 Holder Not Obligated to Continue Expanded Use . The holder of any mortgage shall in no way be obligated by the provisions of this Agreement to continue the expanded use at the Property, or to continue the public benefits described in Exhibit C.
Nothing in this Agreement shall be deemed or construed to permit or authorize any such holder to devote the Project or any portion thereof to any uses, or to construct any improvements thereon, other than those uses or improvements provided for or authorized by this Agreement, the Development Plan, or applicable law.
15.3 Notice of Default to Mortgagee, Deed of Trust or Other Security Interest Holders .
Whenever the City shall deliver any notice or demand to the Developer with respect to any Default or alleged Default by Developer hereunder, the City shall at the same time deliver a copy of such notice or demand to each holder of record of any mortgage who has previously made a written request to the City therefor, or to the representative of such holder as may be identified in such a written request by such holder.
17 15.4 Right to Cure . Each holder (insofar as the rights of the City are concerned) shall have the right, at its option, within thirty (30) days after the receipt of the notice, and thirty (30) days after Developer’s cure rights under Section 10.2 have expired, whichever is later, to:
(a) Commence to obtain possession, if necessary, and commence and diligently pursue said cure until the same is completed, and (b) Add the cost of said cure to the security interest debt and the lien or obligation on its security interest.
15.5 Changes Requested by Lenders . The City acknowledges that any prospective lender(s) providing financing for the Project may require or desire certain modifications to the terms of this Agreement (including, without limitation, the terms of this Section 15) and the City agrees upon request, from time to time, to meet with the Developer and representatives of such lender(s) to negotiate in good faith any such request for modifications of this Agreement. The City shall not unreasonably withhold its consent to any such requested modification provided such modification is consistent with the intent and purposes of this Agreement. Any such modifications shall be considered minor modifications subject to the provisions of Section 7.4.
16. GENERAL
16.1 Estoppel Certificates . Either Party (or a holder or prospective holder of a mortgage under Section 15) may at any time and from time to time deliver written Notice to the other Party requesting an estoppel certificate (the “Estoppel Certificate”) stating:
(a) This Agreement is in full force and effect and is a binding obligation of the Parties;
(b) This Agreement has not been amended or modified either orally or in writing or, if so amended, identifying the amendments; and (c) There are no existing defaults under this Agreement to the actual knowledge of the Party signing the Estoppel Certificate or, if there are existing defaults, identifying them.
A Party receiving a request for an Estoppel Certificate shall provide a signed certificate to the requesting Party within thirty (30) days after receipt of the request. An Estoppel Certificate may be relied on by assignees and holders or prospective holders of a mortgage.
16.2 Force Majeure. The Term of this Agreement and the time within which the Developer or the City shall have the right or be required to perform any act under this Agreement shall be extended by a period of time equal to the number of days during which performance of such act is delayed due to war, acts of terrorism, insurrection, strikes, lock- outs, other labor disputes, labor or material shortages, riots, civil disturbances, floods, earthquakes, fires, windstorms, hail, casualties, natural disasters, acts of God, acts of the public enemy, epidemics or pandemics, quarantine or other public health restrictions, freight embargoes, lack of transportation attributable to any of these,
18 acts or failure to act of the other Party, acts or the failure to act of any public or governmental agency or entity (except that acts or failure to act of the City shall not excuse performance by City), legal or governmental restrictions on priority, initiative or referendum, moratoria, processing with governmental agencies other than the City, unusually severe weather, third party Claims or Litigation as described in Section 12.1 of this Agreement, or any other similar causes beyond the control or without the fault of the Party claiming an extension of time to perform. An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause if written notice by the Party claiming such extension is sent to the other Party within thirty (30) days of obtaining knowledge of the commencement of the cause, or from the time such written notice by the Party claiming such extension is actually sent to the other Party, if such written notice is sent more than thirty (30) days after obtaining knowledge of the commencement of the cause. Any act or failure to act on the part of a Party shall not excuse performance by that Party.
16.3 Construction of Development Agreement . The language of this Agreement shall be construed as a whole and given its fair meaning. The captions of the sections and subsections are for convenience only and shall not influence construction. This Agreement shall be governed by the laws of the State of California. This Agreement shall not be deemed to constitute the surrender or abrogation of the City’s governmental powers over the Property.
16.4 Severability. If any provision of this Agreement is adjudged invalid, void or unenforceable, that provision shall not affect, impair, or invalidate any other provision, unless such judgment affects a material part of this Agreement in which case the Parties shall comply with the procedures set forth in Section 12.1(b).
16.5 Attorneys’ Fees. If either Party to this Agreement is required to initiate or defend any action or proceeding against the other Party in connection 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 attorneys’ fees.
Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a Party entitled to attorneys’ fees shall be entitled to all other reasonable, out -of-pocket 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.
16.6 Joint and Several Obligations . All obligations and liabilities of the Developer hereunder shall be joint and several among the obligees comprising Developer (if more than one).
16.7 Time of Essence. Time is of the essence in:
(a) The performance of the provisions of this Agreement as to which time is an element; and
(b) The resolution of any dispute which may arise concerning the obligations of Developer and City as set forth in this Agreement.
16.8 Waiver. Failure by a Party to insist upon the strict performance of any of the
19 provisions of this Agreement by the other Party, or the failure by a Party to exercise its rights upon the Default of the other Party, shall not constitute a waiver of such Party’s right to insist and demand strict compliance by the other Party with the terms of this Agreement thereafter.
16.9 No Third- Party Beneficiaries . The only parties to this Agreement are the Developer and the City. Except with respect to the holder or prospective holder of any mortgage who shall be entitled to rely upon the provisions of Section 15 hereof to the same extent as if such holder were a party to this Agreement, there are no third -party beneficiaries of this Agreement and this Agreement is not intended, and shall not be construed, to benefit or be enforceable by any other Person whatsoever.
16.10 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the Party benefited thereby of the covenants to be performed hereunder by such benefited Party.
16.11 Relationship of Parties . It is specifically understood and agreed by and between the Parties that the Project is a private development, that neither Party is acting as the agent of the other in any respect hereunder, and that such Party is an independent contracting entity with respect to the terms, covenants, and conditions contained in this Agreement.
16.12 Notice.
(a) To the Developer. Any notice required or permitted to be given by the City to the Developer under this Agreement shall be in writing and delivered: (1) personally to Developer or sent by courier or delivery service (and not the United States Postal Service), return receipt requested and with signature required, and (2) by e-mail, addressed as follows:
With copy to: AltaMed
2040 Camfield Avenue
Los Angeles, CA 90040
Attention: Susana Smith Bautista
Email: [email protected];
[email protected]
or such other address as the Developer may designate in writing to the City. (b) To the City. Any notice required or permitted to be given by the Developer to the City under this Agreement shall be in writing and delivered personally to the City Clerk or sent by courier or delivery service (and not the United States Postal Service), return receipt requested and with signature required, addressed as follows:
City of Montebello
1600 W Beverly Blvd
Montebello, CA 90640
Attention: Planning & Community Development Director
With a copy to:
Alvarez-Glasman & Colvin
20 13181 Crossroads Parkway North Suite 400 West Tower
City of Industry, CA 91746
Attn: Arnold M. Alvarez-Glasman, City Attorney
or such other address as the City may designate in writing to the Developer. (c) Notices provided pursuant to this Section shall be deemed received as of the earlier of: (i) date of delivery as shown on the affidavit of personal service or the courier or delivery service receipt; or (ii) date receipt of e-mail notice is acknowledged.
16.13 Further Actions and Instruments . Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent necessary to implement this Agreement. Upon the request of either Party at any time, the other Party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary to implement this Agreement or to evidence or consummate the transactions contemplated by this Agreement.
16.14 Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter of this Agreement, and this Agreement supersedes all previous negotiations, discussions, and agreements between the Parties. No parol evidence of any prior or other agreement shall be permitted to contradict or vary the terms of this Agreement.
16.15 Recitals. The recitals in this Agreement constitute part of this Agreement and each Party shall be entitled to rely on the truth and accuracy of each recital as an inducement to enter into this Agreement.
16.16 Counterparts. This Agreement may be executed by the Parties in counterparts which counterparts shall be construed together and have the same effect as if all of the Parties had executed the same instrument.
16.17 Recording. The City Clerk shall cause a copy of this Agreement to be executed by the City and recorded in the Official Records of Los Angeles County no later than ten (10) days after the Operative Date. The recordation of this Agreement is deemed a ministerial act and the failure of City to record this Agreement as required by this Section and the Development Agreement Statute does not make this Agreement void or ineffective.
16.18 Authority to Execute . The Persons executing this Agreement on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, (iv) the entering into of this Agreement does not violate any provision of any other Agreement to which said Party is bound, and (v) there is no litigation or legal proceeding which would prevent such Party from entering into this Agreement. [Signatures on the following page(s)]
21 IN WITNESS WHEREOF , the City and the Developer have executed this Agreement on the date first above written.
AltaMed Health Services Corporation, a
California nonprofit corporation
By:
President & CEO
APPROVED AS TO FORM:
By:
Arnold M. Alvarez -Glasman
City Attorney
CITY OF MONTEBELLO , a municipal
corporation
By:
Raul Alvarez, City Manager
ATTEST:
By: ______________________________
Christopher Jimenez
City Clerk
EXHIBIT “A”
Legal Description
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF
MONTEBELLO, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
Ordinance No. 2484
23 EXHIBIT “B”
Site Map/Plan
Ordinance No. 2484
24 EXHIBIT “C”
DESCRIPTION OF PUBLIC BENEFITS
The public benefits to be received by the City and its residents as a result of this Agreement include, without limitation, the following:
A. One-Time Development Agreement Fee. Developer shall pay to the City a one -time, non-refundable Development Agreement Fee in the amount of $20,000 (“Development Agreement Fee”) for costs associated with the preparation and review of this Agreement by City’s staff, its legal counsel, and consultants. The Development Agreement Fee shall be separate from Developer Fees and Processing Fees required under this Agreement.
B. One-Time Public Benefit Fee . Developer shall pay to the City a one -time Public Benefit Fee in the amount of Two Hundred Thousand Dollars ($200,000). The City shall determine, in its sole discretion, the manner, purpose, use and expenditure of the Public Benefit Funds received by the City from the Developer.
C. Developer Fees. Developer shall comply with the City’s Art in Public Places Program as required under Chapter 17.79 of the Montebello Municipal Code.
D. Processing Fees. All applicable Processing Fees in effect at the time said Processing Fee is due, provided that the Processing Fee is not imposed in a manner that discriminates against the Developer or the Project.
E. City Use of Art Gallery for Public Events. City shall have the right to use portions of the Property for events related to arts, culture, and education with prior approval from Developer up to seven (7) times per calendar year (“City Events”). The City shall provide Developer with at least thirty (30) days’ written notice of its intent to schedule a City Event and completion of the access agreement included as Exhibit D . The City shall be responsible for ensuring that its use of the Property complies with the terms of the Access Agreement in Exhibit D , and all applicable laws, including safety and capacity regulations. The City shall also be responsible for ensuring that the Property is left in the same condition as it was prior to the City Events.
ATTACHMENT B
[DRAFT – SEPTEMBER 15, 2025]
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL
TO:
City of Montebello
1600 W. Beverly Blvd.
Montebello, CA 90640
Attn: Director of Planning and Community
Development
WITH COPY TO:
SPACE ABOVE THIS LINE FOR RECORDER’S USE
DEVELOPMENT AGREEMENT
between
THE CITY OF MONTEBELLO,
a municipal corporation (“City”)
and
AltaMed Health Services Corporation
a California Nonprofit Corporation
(“Developer”)
Table of Contents
1. DEFINITIONS ...........................................................................................................................2
1.1 Affiliate. ......................................................................................................................2
1.2 Agreement. ..................................................................................................................3
1.3 Applications. ................................................................................................................3
1.4 Approval Date. ............................................................................................................3
1.5 Authorizing Ordinance. ...............................................................................................3
1.6 CEQA. .........................................................................................................................3
1.7 City. .............................................................................................................................3
1.8 City Council. ...............................................................................................................3
1.9 Claims or Litigation. ....................................................................................................3
1.10 Conditions of Approval. ..............................................................................................3
1.11 Control. ........................................................................................................................3
1.12 City Manager. ..............................................................................................................3
1.13 Developer. ...................................................................................................................4
1.14 Developer Fees. ...........................................................................................................4
1.15 Development. ..............................................................................................................4
1.16 Development Agreement Statute. ................................................................................4
1.17 Development Approvals. .............................................................................................4
1.18 Development Plan. ......................................................................................................4
1.19 Exaction. ......................................................................................................................4
1.20 Existing Developer Fees. .............................................................................................4
1.21 Existing Development Approvals. ..............................................................................5
1.22 Existing Land Use Regulations. ..................................................................................5
1.23 Future Developer Fees. ................................................................................................5
1.24 Future Development Approvals. .................................................................................5
1.25 Future Land Use Regulations. .....................................................................................5
1.26 General Plan. ...............................................................................................................5
1.27 Holder. .........................................................................................................................5
1.28 Land Use Regulations. ................................................................................................5
1.29 Mortgage. ....................................................................................................................6
1.30 Non-Defaulting Party. .................................................................................................6
1.31 Operative Date. ............................................................................................................6
1.32 Person. .........................................................................................................................6
1.33 Planning Commission. .................................................................................................6
1.34 Planning Director. .......................................................................................................6
1.35 Processing Fees. ..........................................................................................................6
1.36 Project. .........................................................................................................................6
1.37 Transfer. ......................................................................................................................6
2. EXHIBITS ..................................................................................................................................7
3. TERM .........................................................................................................................................7
3.1 Term. ...........................................................................................................................7
3.2 Operative Date. ............................................................................................................7
4. DEVELOPMENT OF THE PROPERTY; DEVELOPER OBLIGATIONS. ............................7
4.1 Purpose and Right to Develop. ....................................................................................7
4.2 Permitted Uses. ............................................................................................................8
4.3 Public Benefits; Developer and Processing Fees. .......................................................8
5. DEVELOPMENT TIMING .......................................................................................................8
5.1 Right of Developer to Control Development and Timing. ..........................................8
6. FEES, TAXES, AND ASSESSMENTS ....................................................................................8
6.1 Future Developer Fees. ................................................................................................8
6.2 Existing Developer Fees. .............................................................................................8
6.3 Future Processing Fees. ...............................................................................................8
6.4 Exceptions. ..................................................................................................................9
7. AMENDMENT OF DEVELOPMENT AGREEMENT ............................................................9
7.1 Initiation of Amendment. ............................................................................................9
7.2 Procedure. ....................................................................................................................9
7.3 Consent. .......................................................................................................................9
7.4 Minor Modifications. ...................................................................................................9
7.5 Effect of Amendment to Development Agreement. ..................................................10
8. RESERVATIONS OF AUTHORITY ......................................................................................10
8.1 Limitations; Reservations, and Exceptions. ..............................................................10
8.2 Regulation by Other Public Agencies. ......................................................................11
9. ANNUAL REVIEW .................................................................................................................11
9.1 Annual Monitoring Review. ......................................................................................11
9.2 Failure to Conduct Annual Monitoring Review. .......................................................11
10. DEFAULT, REMEDIES AND TERMINATION. ..................................................................12
10.1 Rights of Non-Defaulting Party after Default. ..........................................................12
10.2 Notice and Opportunity to Cure. ...............................................................................12
10.3 Modification or Termination. ....................................................................................12
10.4 No Specific Performance to Construct Project. .........................................................13
10.5 Intentionally Omitted. ...............................................................................................13
10.6 Rights and Duties Following Termination. ...............................................................13
11. TRANSFERS ...........................................................................................................................13
11.1 Right to Transfer. ......................................................................................................13
12. INDEMNITY ...........................................................................................................................14
12.1 Third-Party Litigation. ...............................................................................................14
12.2 Hold Harmless: Developer’s Construction and Other Activities. .............................15
12.3 Survival of Indemnity Obligations. ...........................................................................15
13. EFFECT OF AGREEMENT ON TITLE .................................................................................15
14. PARTIES’ OFFICERS AND EMPLOYEES; NON-DISCRIMINATION .............................16
14.1 Non-liability of Parties’ Officers and Employees. ....................................................16
14.2 Conflict of Interest, Warranty, and Representation of Non-Collusion. .....................16
14.3 Covenant Against Discrimination. ............................................................................17
15. MORTGAGEE PROTECTION. ..............................................................................................17
15.1 Developer’s Breach Not Defeat Mortgage Lien. .......................................................17
15.2 Holder Not Obligated to Construct or Complete Improvements. .............................17
15.3 Notice of Default to Mortgagee, Deed of Trust or Other Security Interest Holders. 17
15.4 Right to Cure. ............................................................................................................17
15.5 Changes Requested by Lenders. ................................................................................17
16. GENERAL ...............................................................................................................................18
16.1 Estoppel Certificates. .................................................................................................18
16.2 Force Majeure. ...........................................................................................................18
16.3 Construction of Development Agreement. ................................................................18
16.4 Severability. ...............................................................................................................19
16.5 Attorneys’ Fees. .........................................................................................................19
16.6 Joint and Several Obligations. ...................................................................................19
16.7 Time of Essence. .......................................................................................................19
16.8 Waiver. ......................................................................................................................19
16.9 No Third-Party Beneficiaries. ...................................................................................19
16.10 Mutual Covenants. .....................................................................................................19
16.11 Relationship of Parties. ..............................................................................................19
16.12 Notice. .......................................................................................................................20
16.13 Further Actions and Instruments. ..............................................................................20
16.14 Entire Agreement. .....................................................................................................21
16.15 Recitals. .....................................................................................................................21
16.16 Counterparts. .............................................................................................................21
16.17 Recording. .................................................................................................................21
16.18 Authority to Execute. ................................................................................................21
1 DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (this “Agreement”) is entered into on ______________, by the CITY OF MONTEBELLO (the “City”), a municipal corporation, and AltaMed Health Services Corporation, a California nonprofit corporation (the “Developer”), pursuant to Article 2.5 of Chapter 4 of Division 1 of Title 7, Sections 65864 through 65869.5 of the California Government Code. City and Developer shall be referred to within this Agreement jointly as the “Parties” and individually as a “Party.” R E C I T A L S:
A. Capitalized Terms. The capitalized terms used in these recitals and throughout this Agreement shall have the meaning assigned to them in Section 1. Any capitalized terms not defined in Section 1 shall have the meaning otherwise assigned to them in this Agreement.
B. Property Status. The Developer holds a legal or equitable interest in certain parcels of real property located at 1401 N. Montebello Boulevard in the City of Montebello, California, and which is more particularly described in the “Legal Description of Property” attached hereto as Exhibit A and as further shown on the “Site Map” attached hereto as Exhibit B (collectively Exhibit A and Exhibit B, depicting the “Property”).
C. Project. The Property is being renovated to accommodate Developer’s private administrative offices (the “Project”). The Project will include: i) office/meeting room space; ii) a private art gallery; and iii) art storage space. The renovated spaces consist of approximately 15,668 square feet of dedicated floor area on the second floor of an existing commercial building, including 2,484 square feet for office and support services space, 3,302 square feet for the art gallery, 5,683 square feet for the art storage space, and 4,199 square feet of ancillary space. For the avoidance of doubt, Developer’s redevelopment of the office space, proposed office/administrative use, and the proposed expansion of the use to allow members of the public to access certain portions of the Property are authorized under the Montebello Municipal Code and all applicable land use regulations and policies. The scope of this Agreement is limited to Developer’s right to host members of the public at the Property at Developer’s sole discretion, and the public benefits described in Exhibit C.
D. Legislation Authorizing Development Agreements. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the legislature of the State of California adopted the Development Agreement Statute, Sections 65864, et seq., of the Government Code, authorizing the City to enter into an agreement with any Person (as hereinafter defined) having a legal or equitable interest in real property providing for the development of such property and establishing certain development rights therein.
E. Public Benefits. The Developer agrees to provide the City with certain public benefits as more specifically identified in Section 4.3 and Exhibit C of this Agreement, including a one-time Public Benefit Fee to the City in the amount of two hundred thousand dollars ($200,000) and limited access to the property consistent with the terms of Exhibit D.
2 F. Intent of the Parties. The Developer and the City have determined that the expanded use for certain portions of the Project is a development for which a development agreement is appropriate. The Parties acknowledge and agree that Developer’s intended use of the Property as a private administrative office, and the expansion of this use to allow occasional public access to parts of the Property are consistent with the City’s Zoning Code, General Plan, Precise Plan, and all applicable regulations and restrictions. The Parties desire to define the parameters of the Developer’s public benefits offering and provide for the orderly development of the Property, assist in attaining the most effective utilization of resources within the City, and otherwise achieve the goals of the Development Agreement Statute. In consideration of these benefits to City and the public benefits of the development of the Property, the Developer will receive assurances that the City shall grant all permits and approvals required for the development of the Property accordance with this Agreement.
G. Public Hearings: Findings. Pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000, et seq. (“CEQA”)), appropriate studies, analyses, reports, or documents were prepared and considered by the City’s Planning Commission (“Planning Commission”) and the City’s City Council (“City Council”). The Planning Commission, after a public hearing on _________, recommended approval to the City Council, and on ______________ the City Council adopted, Ordinance No. ________________ approving this Agreement (the “Authorizing Ordinance”). The Planning Commission and the City Council have found, on the basis of substantial evidence, that this Agreement is consistent with all applicable plans, rules, regulations and official policies of the City. Specifically, the City Council has found that the Agreement: (i) is consistent with the City’s General Plan (“General Plan”) and any applicable specific plan; (ii) is in conformity with public convenience and good land use practices; (iii) will not be detrimental to the health, safety and general welfare; (iv) will not adversely affect the orderly development of property or the preservation of property values; and (v) is consistent with the provisions of Government Code Sections 65864 through 65869.5.
H. Mutual Agreement. Based on the foregoing and subject to the terms and conditions set forth herein, the Developer and the City desire to enter into this Agreement.
NOW, THEREFORE, pursuant to the authority contained in the Development Agreement Statute as it applies to the City and the Authorizing Ordinance, and in consideration of the mutual promises and covenants herein contained, and having determined that the foregoing recitals are true and correct and should be and hereby are incorporated into this Agreement, the Parties agree as follows:
1. DEFINITIONS
The following words and phrases are used as defined terms throughout this Agreement.
Each defined term shall have the meaning set forth below and shall be applicable to both the singular and plural form of any nouns and verbs of any tense.
1.1 Affiliate. “Affiliate” means, with respect to any specified Person, any Person which, directly or indirectly, through one or more intermediaries, Controls, is Controlled by, or is under common Control with, such specified Person.
3 1.2 Agreement. “Agreement” means this Development Agreement as the same may be amended or modified from time to time.
1.3 Applications. “Application(s)” shall mean a complete application for the applicable land use approvals (such as a subdivision map, conditional use permit, etc.) meeting all of the Existing Land Use Regulations, provided that any additional or alternate requirements in Future Land Use Regulations which affect the Project application shall apply only to the extent permitted by this Agreement.
1.4 Approval Date. “Approval Date” means the date of the adoption of the Authorizing Ordinance by the City Council.
1.5 Authorizing Ordinance. “Authorizing Ordinance” means Ordinance No. ___________ of City approving this Agreement.
1.6 CEQA. “CEQA” means the California Environmental Quality Act (Public Resources Code Sections 21000, et seq.).
1.7 City. “City” means the City of Montebello, California.
1.8 City Council. “City Council” means the governing body of the City of Montebello, California.
1.9 Claims or Litigation. “Claims or Litigation” shall mean any challenge by adjacent owners or any other third parties (i) to the legality, validity or adequacy of the General Plan, Land Use Regulations, this Agreement, Development Approvals, or other actions of City, in each case, solely to the extent pertaining to the Project, or (ii) seeking damages against City as a consequence of the foregoing actions or for the taking or diminution in value of their property as a consequence of the foregoing actions.
1.10 Conditions of Approval. “Conditions of Approval” means those conditions of approval imposed by City upon the Existing Development Approvals as of the Approval Date, and any additional conditions of approval thereafter imposed by City upon Future Development Approvals in accordance with this Agreement.
1.11 Control. “Control,” or any derivative thereof, when used with respect to any specified Person, means the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of such Person, whether through ownership of voting securities or partnership or membership or other ownership interests, by contract or otherwise; provided, however, that, without limiting the generality of the foregoing, (i) a general partner shall always be deemed to Control any general partnership, limited partnership, or limited liability partnership of which it is a general partner, and (ii) a manager shall always be deemed to Control any limited liability company of which it is a manager.
1.12 City Manager. “City Manager” means the City Manager of the City of Montebello, California.
4 1.13 Developer. “Developer” means AltaMed Health Services Corporation and any assignee or transferee in accordance with Section 11.
1.14 Developer Fees. “Developer Fees” mean those fees established and adopted by the City with respect to development and its impacts pursuant to applicable governmental requirements, including Section 66000, et seq., of the Government Code of the State of California, including impact fees, linkage fees, exactions, assessments or fair share charges or other similar impact fees or charges imposed on or in connection with new development but only when imposed by the City. Developer Fees does not mean or include Processing Fees.
1.15 Development. “Development” means the remediation of the Property in preparation for development and the improvement of the Property for purposes of effecting the structures, improvements and facilities comprising the Project including, grading and the construction of subsurface structures; the construction of infrastructure and public facilities related to the Project whether located within or outside the Property; the construction of structures, buildings, and improvements thereon in accordance with the Development Approvals during the Term of this Agreement; and the installation of landscaping; but not including the maintenance, repair, or redevelopment of any structures, improvements or facilities after the construction and completion thereof.
1.16 Development Agreement Statute. “Development Agreement Statute” means Sections 65864 through 65869.5 of the California Government Code as in effect on the Approval Date, as the same may thereafter be amended.
1.17 Development Approvals. “Development Approvals” means all site-specific (meaning specifically applicable to the Property or the Development thereof only and not generally applicable to some or all other properties within the City) plans, maps, permits, and entitlements to use of every kind and nature. Development Approvals includes, but is not limited to, specific plans, site plans, tentative and final subdivision maps, vesting tentative maps, variances, zoning designations, planned unit developments, conditional use permits, grading, building, and other similar permits, the site-specific provisions of general plans (including, without limitation, the General Plan), environmental assessments, including environmental impact reports, and any amendments or modifications to those plans, maps, permits, assessments and entitlements. The term Development Approvals does not include rules, regulations, policies, and other enactments of general application within the City (except to the extent applicable to the Property or the Development thereof as provided above).
1.18 Development Plan. “Development Plan” means the Existing Development Approvals, Future Development Approvals (if any), and Existing Land Use Regulations.
1.19 Exaction. “Exaction” means dedications of land, payment of Developer Fees and/or construction of public infrastructure by Developer as part of the Development.
1.20 Existing Developer Fees. “Existing Developer Fees” mean the Developer Fees applicable to the Property and/or the Development thereof in effect as of the Approval Date.
5 1.21 Existing Development Approvals. “Existing Development Approvals” means the following Development Approvals approved in connection with case numbers PC-2024-0012- CUP, DA 03-24, and ENV No. 10-24, which are incorporated and made a part of this Agreement:
(a) Conditional Use Permit No. PC-2024-0012-CUP;
(b) This Development Agreement.
1.22 Existing Land Use Regulations. “Existing Land Use Regulations” means those certain Land Use Regulations applicable to the Property and/or the Development thereof in effect on the Approval Date.
1.23 Future Developer Fees. “Future Developer Fees” mean any Developer Fees applicable to the Property and/or the Development thereof not in effect as of the Approval Date.
Future Developer Fees which affect the Project shall apply only to the extent permitted by this Agreement.
1.24 Future Development Approvals. “Future Development Approvals” means those Development Approvals applicable to the Property and/or the Development thereof approved by the City after the Approval Date, if any, such as more detailed planning and engineering approval requirements. Future Development Approvals which affect the Project shall apply only to the extent permitted by this Agreement.
1.25 Future Land Use Regulations. “Future Land Use Regulations” means any Land Use Regulations applicable to the Property adopted or enacted after the Approval Date including, without limitation, any modification or amendment of Existing Land Use Regulations after the Approval Date. Future Land Use Regulations which affect the Project shall apply only to the extent permitted by this Agreement.
1.26 General Plan. “General Plan” shall mean the general plan of the City of Montebello in effect on the Approval Date.
1.27 Holder. “Holder” or “holder” means the holder of any mortgage, deed of trust, or other security interest, or the lessor under a lease-back, or the grantee under any other conveyance for financing, as provided in Section 15.
1.28 Land Use Regulations. “Land Use Regulations” means those ordinances, laws, statutes, rules, regulations, initiatives, policies, requirements, guidelines, constraints, codes or other actions of the City which affect, govern, or apply to the Property or the implementation of the Development Plan. Land Use Regulations include the ordinances and regulations adopted by the City which govern permitted uses of land, density and intensity of use and the design of buildings, applicable to the Property, including, but not limited to, the General Plan, specific plans, zoning ordinances, development moratoria, implementing growth management and phased development programs, ordinances and park codes, any other similar or related codes and building and improvements standards, mitigation measures required in order to lessen or compensate for the adverse impacts of a project on the environment and other public interests and concerns or similar matters. The term Land Use Regulations does not include, however, regulations relating to
6 the conduct of business, professions, and occupations generally; taxes and assessments; regulations for the control and abatement of nuisances; uniform building codes; encroachment and other permits and the conveyances of rights and interests which provide for the use of or entry upon public property; any exercise of the power of eminent domain; or similar matters.
1.29 Mortgage. “Mortgage” or “mortgage” means any mortgage (whether a leasehold or feehold mortgage or otherwise), deed of trust (whether a leasehold or feehold deed of trust or otherwise), or other security interest, or sale and lease-back, or any other form of conveyance for financing, as provided in Section 15.1.
1.30 Non-Defaulting Party. “Non-Defaulting Party” means the Party other than the Defaulting Party.
1.31 Operative Date. “Operative Date” means the date this Agreement becomes operative with respect to the Development of the Property and the Project as set forth in Section
3.2. 1.32 Person. “Person” means any individual, corporation, partnership, limited partnership, limited liability partnership, limited liability company, joint venture, association, firm, joint stock company, trust, estate, unincorporated association, governmental or quasi- governmental body, authority or agency, or other entity.
1.33 Planning Commission. “Planning Commission” means the Planning Commission of the City.
1.34 Planning Director. “Planning Director” shall mean the Planning & Community Development Director or similar officer of the City.
1.35 Processing Fees. “Processing Fees” means all processing fees and charges required by the City in connection with the Development of the Property and the Project, including, but not limited to, fees for land use Applications, building permit Applications, building permits, grading permits, subdivision or parcel maps, inspection fees and certificates of occupancy. Processing Fees shall not mean or include Developer Fees.
1.36 Project. “Project” means the expanded use on the Property as outlined in Paragraph “C” of the Recitals, above, and as approved pursuant to this Agreement.
1.37 Public Benefit Fee. “Public Benefit Fee” means a one-time community benefit fee in the amount of two hundred thousand dollars ($200,000) provided by Developer to the City pursuant to Section 6.4.
1.38 Transfer. “Transfer” means any hypothecation, sale, conveyance, lease, assignment or other transfer of the Developer’s rights under this Agreement or of the Property together with any rights or obligations under this Agreement.
7 2. EXHIBITS
The following are the Exhibits to this Agreement:
Exhibit A: Legal Description of the Property
Exhibit B: Site Map of the Property
Exhibit C: Description of Public Benefits
Exhibit D: Access Agreement
This Agreement includes the foregoing Exhibits which are attached hereto and are incorporated herein in their entirety.
3. TERM
3.1 Term. The term of this Agreement (the “Term”) shall be for a period of twenty (20) years commence upon the Approval Date and shall terminate on the twentieth (20th) anniversary of the Operative Date. In addition, the term of the CUP shall be coterminous with the Term of this Agreement. In the event that a referendum petition concerning this Agreement is duly filed in such a manner that the ordinance approving this Agreement is suspended, then the Term is deemed to commence upon City Council certification of the results of the referendum election approving this Agreement. Upon the expiration of the Term, this Agreement shall terminate and be of no further force or effect.
3.2 Operative Date. This Agreement shall become effective immediately upon the Approval Date for the limited purpose of effectuating necessary provisions of this Agreement (e.g., definition of Existing Land Use Regulations, the Indemnity provisions of Section 12, etc.), but this Agreement shall not become fully operative until such time that the Authorizing Ordinance adopting this Agreement becomes effective.
4. USE OF THE PROPERTY; DEVELOPER RIGHTS & RESPONSIBILITIES.
4.1 Purpose. The Property is located within an existing commercially zoned shopping center. The public benefits associated with the Agreement are intended to support much needed community activities and enhancements such as public art incubators, educational opportunities for art, cultural events, community programs, and similar activities and services within the City.
During the Term, the Developer shall have a vested right to use the Property to the full extent permitted by the Development Plan and this Agreement. Except as expressly provided in this Agreement, the Development Plan shall exclusively control the development of the Property (including the permitted uses of the Property, the density or intensity of use, type of use, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes and the design, improvement and construction standards and specifications applicable to the Project and the development of the Property). Except as expressly provided in this Agreement, any Future Land Use Regulations shall not be applied to the Project unless the Developer gives written notice to City of its election to have such Future Land Use Regulations applied to the Project.
8 4.2 Permitted Uses. The Parties acknowledge and agree that the Developer’s intended use of the Property as a private administrative office is permitted by-right notwithstanding the terms of this Agreement. This Agreement allows Developer to use portions of the Property (including the private art gallery and accessory office and art storage spaces) identified in Exhibit B to be made available for public use at the Developer’s sole discretion.
4.3 Public Benefits; Developer and Processing Fees. Except as otherwise provided in this Agreement, the Developer shall provide to the City the public benefits listed in Exhibit C.
5. DEVELOPMENT TIMING
5.1 Right of Developer to Control Development and Timing. The Developer cannot fully predict the timing, phasing, or sequencing in which the Project will be developed. Such decisions depend upon numerous factors, many of which are not completely within the control of the Developer, such as market orientation and demand, interest rates, absorption, completion, availability of financing, and the state of the general economy. Therefore, notwithstanding anything herein to the contrary, the Developer may decide the timing, phasing, and sequencing of the Project as Developer from time to time deems appropriate in the exercise of the Developer’s business judgment, this Agreement shall not in any way obligate the Developer to complete construction of the Project or any portion thereof, or to expand the use as described in this Agreement. Developer shall decide whether to proceed with development of the Project in its sole discretion.
6. FEES, TAXES, AND ASSESSMENTS
6.1 Future Developer Fees. Notwithstanding anything herein to the contrary, during the Term of this Agreement, the Project and the Developer shall not be subject to any Future Developer Fees.
6.2 Existing Developer Fees. Notwithstanding anything herein to the contrary, during the Term of this Agreement, the Project and the Developer shall not be subject to any increase in the amount of the Existing Developer Fees.
6.3 Future Processing Fees. With respect to Processing Fees, the Project and the Developer shall be subject to the amount in effect at the time said Processing Fee is due, provided that the Processing Fee is not imposed in a manner which discriminates against the Developer or the Project and does not exceed the estimated reasonable cost of providing the service.
6.4 Public Benefit Fee. In addition to Developer’s obligations herein, Developer shall pay to the City a one-time Public Benefit Fee in the amount of two hundred thousand dollars ($200,000) as a condition precedent to the City’s issuance of the Final Certificate of Occupancy for the Project and all required business licenses authorizing both the primary office/administrative use and the expanded use to authorize public access to portions of the Property. The City acknowledges and agrees that the Public Benefit Fee shall not be used for any purpose that violates federal, state, or local laws and ordinances.
6.5 Exceptions. This Agreement shall not prohibit the application of fees, taxes or
9 assessments as follows:
(a) The Developer shall be obligated to pay any applicable fees or taxes which are in effect on a City-wide basis as of the Operative Date which are not related to construction or development activities such as business license fees or taxes and utility taxes. (b) The Developer shall be obligated to pay any fees as imposed pursuant to any assessment district established within the Project, provided that such assessment district is otherwise proposed or consented to by the Developer.
(c) Subject to Section 5.1, the Developer shall be obligated to pay any fees which were imposed as Conditions of Approval or any other condition or mitigation measure, required as part of the approval for Existing Development Approvals consistent with this Agreement.
7. AMENDMENT OF DEVELOPMENT AGREEMENT
7.1 Initiation of Amendment. Either Party may propose an amendment to this Agreement.
7.2 Procedure. Except as set forth in Section 7.4 or Section 10.3, the procedure for proposing and adopting an amendment to this Agreement shall be the same as the procedure required for entering into this Agreement in the first instance.
7.3 Consent. No amendment to all or any provision of this Agreement shall be effective unless set forth in writing and signed by duly authorized representatives of each of the Parties hereto and recorded in the Official Records of Los Angeles County.
7.4 Minor Modifications. Implementation of the Project may require minor modifications of the details of the Development Plan and performance of the Parties under this Agreement. The Parties desire to retain a certain degree of flexibility with respect to those items covered in general terms under this Agreement. Therefore, non-substantive and procedural modifications of the Development Plan shall not require an amendment to this Agreement, although they shall require the written consent of both Parties.
A modification will be deemed non-substantive and/or procedural if it does not result in a material change in fees, size and intensity of use, permitted uses, the height and size of buildings, number of parking spaces, or the improvement and construction standards and specifications for the Project. Where applicable, a change of less than 10% to any proposed Project specifications shall not be deemed a “material change.”
The determination as to whether a matter is non-substantive and procedural shall be made by the City Manager based on the advice of the City’s City Attorney (“City Attorney”) and in consultation with the Developer. The determination of the City Manager shall be final. A written record, containing the written consent of both Parties hereto, shall be made of all non-substantive and/or procedural changes.
10 7.5 Effect of Amendment to Development Agreement. The Parties agree that, except as may be expressly set forth in any such amendment, an amendment to this Agreement will not alter, affect, impair, modify, waive, or otherwise impact any other rights, duties, or obligations of either Party under this Agreement.
8. RESERVATIONS OF AUTHORITY
8.1 Limitations; Reservations, and Exceptions. Notwithstanding anything to the contrary set forth hereinabove, in addition to the Existing Land Use Regulations, only the following Land Use Regulations adopted by City hereafter shall apply to and govern the Development of the Property:
(a) Future Regulations. Only those Future Land Use Regulations for which Developer gives City written notice of its election to have such Future Land Use Regulations applied to the Property.
(b) State and Federal Laws and Regulations. Where state or federal laws or regulations enacted after the Approval Date prevent or preclude compliance with one or more provisions of this Agreement, those provisions shall be modified, through revision or suspension, to the extent necessary to comply with such state or federal laws or regulations, in each case, with the prior written consent of the Parties.
(c) Public Health and Safety/Uniform Codes.
i. Future Land Use Regulations or amending Existing Land Use Regulations which are uniform codes and are based on recommendations of a multi-state professional organization and become applicable throughout City, such as, but not limited to, the Uniform Building, Electrical, Plumbing, Mechanical, or Fire Codes, provided such codes are uniformly applied on a City-wide basis to all substantially similar types of development projects and properties.
ii. Future laws and ordinances of general applicability (“Regulations”) concerning the use of property required for public health and safety which (A) are applicable throughout the City, (B) directly result from findings by City that failure to adopt such Regulations would result in a condition injurious or detrimental to the public health and safety, and (C) that such Regulations are the only reasonable means to correct or avoid such injurious or detrimental condition, provided such Regulations are uniformly applied on a City-wide basis to all substantially similar types of development projects and properties. This provision is not intended to and does not provide a basis for the imposition of additional Exactions or a moratorium or other like restriction on the timing of development which would impact the Development of the Project. iii. Future Land Use Regulations or amending Existing Land Use Regulations which are regional codes and are based on recommendations of a county or regional organization and which become applicable throughout the region and are uniformly applied on a City-wide basis to all substantially similar types of development projects and properties.
11 8.2 Regulation by Other Public Agencies. It is acknowledged by the Parties that other public agencies not within the control of the City possess authority to regulate aspects of the Development of the Property separately from or jointly with the City and this Agreement does not limit the authority of such other public agencies.
9. ANNUAL REVIEW
9.1 Annual Monitoring Review.
(a) The City and the Developer shall review the extent of the Developer’s good faith substantial compliance with the terms and provisions of this Agreement, as well as the performance by the City of its obligations under this Agreement, on or about April 1 of each year during the Term (“Annual Monitoring Review”).
(b) As part of such Annual Monitoring Review, Developer shall submit a written status report to the City demonstrating that, during the preceding twelve-month (12-month) period, it has been in good faith compliance with this Agreement. For purposes of this Agreement, the phrase “good faith compliance” shall mean that the Developer has demonstrated that it has acted in a commercially reasonable manner (taking into account the circumstances which then exist) and in good faith in and has substantially complied in good faith with the Developer’s material obligations under this Agreement.
(c) By March 1 of each year during the Term, the City must deliver to the Developer a copy of all staff reports prepared in connection with an Annual Monitoring Review, any prior staff reports generated during the review period, written comments from the public, and, to the extent practical, all related exhibits concerning such Annual Monitoring Review. This information shall be known as the “City Report.”
(d) Following delivery of the City Report, no later than April 1 of each year during the Term, the Developer must submit a written status report to the Director addressing the good faith compliance issue set forth in Section 9.1(b) above and any issues raised by the City Report provided to the Developer in accordance with Section 9.1(c) above. (e) The actual reasonable cost of the Annual Monitoring Review shall be borne by the Developer upon receipt of invoices from the City, not to exceed $1,000 for each Annual Monitoring Review.
9.2 Failure to Conduct Annual Monitoring Review. The City’s failure to review, at least annually, compliance by the Developer with the terms and conditions of this Agreement shall not constitute or be asserted by any Party as a breach by any other Party of this Agreement. If the City fails to provide the City Report by March 1 of each year during the Term, the Developer will be deemed to be in good faith compliance with this Agreement for the following twelve-month (12- month) period.
12 10. DEFAULT, REMEDIES AND TERMINATION.
10.1 Rights of Non-Defaulting Party after Default. The Parties agree that legal damages would be extremely difficult to determine and would not give the Parties the benefit of their bargain. Accordingly, the Parties agree that, subject to the provisions of Section 10.4, following the occurrence of a Default (defined below), the Party not in Default (as defined in Section 10.2 below) (the “Non-Defaulting Party”) shall have only the equitable remedy of specific performance or alternatively the ability to terminate this Agreement for a Default by the other Party (the “Defaulting Party”), subject to the procedure of notice and hearing herein. Before this Agreement may be terminated or action may be taken to obtain judicial relief, the Non-Defaulting Party shall comply with the notice and cure provisions of this Section 10. Nothing in this Section shall limit a Party’s right to recover attorneys’ fees pursuant to Section 16.5.
10.2 Notice and Opportunity to Cure. The Non-Defaulting Party in its discretion may elect to declare a default under this Agreement in accordance with the procedures hereinafter set forth for any failure or breach of the Defaulting Party to perform any material duty or obligation of said Defaulting Party under the terms of this Agreement. However, prior to declaring a default, the Non-Defaulting Party must provide written notice to the Defaulting Party setting forth the nature of the breach or failure and the actions, if any, required by the Defaulting Party to cure such breach or failure. The Defaulting Party shall be deemed in “Default” under this Agreement if the Defaulting Party has failed to take such actions and cure such breach or failure within sixty (60) days after the date of such notice (“Cure Period”). However, if a breach or failure cannot reasonably be cured within such Cure Period, then the Defaulting Party shall not be deemed in Default under this Agreement provided that the Defaulting Party commences to cure the breach within the Cure Period and thereafter diligently prosecutes such cure to completion.
10.3 Modification or Termination.
(a) If, in the case of a Default by the Developer which is not timely cured after notice and within the Cure Period, in accordance with Section 10.2, the City determines that this Agreement shall be modified or terminated, then the City shall give notice to the Developer of its intention to initiate proceedings to modify or terminate this Agreement. (b) The City Council shall hold a public hearing for any proposed termination or modification, except that any amendment or modification which does not relate to the duration of the Agreement, permitted uses of the property, density or intensity of use, height or size or proposed buildings, provisions for reservation or dedication of land, or to any conditions, terms, restrictions or requirements relating to subsequent discretionary actions relating to design, improvement, construction standards and specifications, improvement and construction standards or any other condition or covenant relating to the use of the property shall not require a noticed public hearing before the City Council.
(c) The City Council may refer the matter to the Planning Commission for further proceedings or for a report and recommendation. Upon receipt of any such report and recommendation and the completion of the public hearing, if any, the City Council shall take final action on the modification or termination. The Developer must demonstrate good faith compliance
13 with the terms and conditions of this Agreement. The burden of proof is upon the Developer. The hearing shall be administrative with no public testimony, unless the City Council otherwise determines. The Developer shall have the opportunity to present written or oral testimony. As part of that final determination, the City Council may impose conditions which it considers necessary and appropriate to protect public health, safety and welfare and the interests of the City. The decision of the City Council must be by a majority of its membership, and shall be final, except for judicial review thereof.
(d) Notwithstanding anything in this Agreement to the contrary, there shall be no modification of this Agreement without Developer’s written consent thereto. If the City Council determines that modification of this Agreement is appropriate pursuant to this Section 10.3, the City shall inform the Developer of such proposed modification and, unless the Developer consents in writing to such modification, the City shall have the right to proceed with termination of this Agreement pursuant to the provisions of this Section 10.
10.4 No Specific Performance to Construct Project. Notwithstanding the provisions of Section 10.1, the City shall not have the right to specifically enforce against the Developer any provisions of this Agreement, nor in any way to compel the Developer to either start or complete the Project, nor to seek any monetary damages from the Developer for the Developer’s failure to start or complete the Project.
10.5 Intentionally Omitted.
10.6 Rights and Duties Following Termination. Upon the termination of this Agreement, no Party shall have any further right or obligation hereunder except (i) with respect to any obligations that accrued prior to said termination or with respect to any Default in the performance of the provisions of this Agreement which has occurred prior to said termination, (ii) with respect to any indemnity obligations set forth herein which accrued prior to said termination, and (iii) with respect to any right or duty arising from entitlements or approvals, including the Development Approvals, applicable to the Property approved prior to the effective date of the termination.
11. TRANSFERS
11.1 Right to Transfer.
(a) General. The Developer may Transfer its interests, rights or obligations under this Agreement with respect to the Property, or any portion thereof, to any person at any time (a “Transferee”) during the term of this Agreement with approval from the City Manager.
For purpose of this Agreement, the Transferee must be considered the “owner” of that portion of the Property which is covered by such transfer. For the avoidance of doubt, for the purpose of this Section 11.1, the “owner” shall include any party with a legal or equitable interest in the Property, including lessees.
(b) Assumption Agreement. Upon a Transfer of this Agreement, the Developer shall be released and relieved of its legal duty from the assigned obligations under this Agreement, except to the extent the Developer is in Default under the terms of this Agreement prior to said Transfer, if (i) the Developer has provided to the City prior or subsequent written
14 notice of such Transfer, and (ii) the Transferee has expressly assumed in writing, in a form reasonably acceptable to the City, the assigned obligations of the Developer. Following any such Transfer of any of the rights and interests of the Developer under this Agreement, in accordance with Section 10.1(a) above, the exercise, use, and enjoyment of such rights shall continue to be subject to the terms of this Agreement to the same extent as if the Transferee were the Developer; provided, however, that, to the extent released as provided above, any Default by the Developer shall not constitute a Default by the Transferee, and any Default by such Transferee shall not constitute a Default by the Developer or any other Transferee. (c) If a Transferee defaults with respect to any provision of this Agreement, the Developer may, but is not obligated to, resume Transferee’s obligations upon written notification to the City.
12. INDEMNITY
12.1 Third-Party Litigation.
(a) Non-liability of the City. As set forth above, the City has determined that this Agreement is consistent with the General Plan and that the General Plan and Development Approvals meets all of the legal requirements of state law. The Parties acknowledge that:
i. In the future there may be challenges to the legality, validity and adequacy of the General Plan, the Development Approvals and/or this Agreement; and ii. If successful, such challenges could delay or prevent the performance of this Agreement and the development of the Property.
In addition to the other provisions of this Agreement, including, without limitation, the provisions of this Section 12, the City shall have no liability under this Agreement for any failure of the City to perform under this Agreement or the inability of the Developer to develop the Property as contemplated by the Development Plan or this Agreement as the result of a judicial determination that, on the Approval Date, or at any time thereafter, the General Plan, the Land Use Regulations, the Development Approvals, this Agreement, or portions thereof, are invalid or inadequate or not in compliance with law.
(b) Revision of Land Use Restrictions. If for any reason the General Plan, Land Use Regulations, Development Approvals, this Agreement or any part thereof is hereafter judicially determined as provided above to be not in compliance with the State or Federal Constitutions, laws or regulations and, if such noncompliance can be cured by an appropriate amendment thereof otherwise conforming to the provisions of this Agreement, then this Agreement shall remain in full force and effect to the extent permitted by law. The Development Plan, Development Approvals and this Agreement shall be amended, as necessary and with the Parties’ prior written consent, in order to comply with such judicial decision. (c) Participation in Litigation; Indemnity. The Developer agrees to indemnify the City and its elected boards, commissions, officers, agents and employees and will hold and save them and each of them harmless from any and all actions, suits, claims, liabilities, losses,
15 damages, penalties, obligations and expenses (including, but not limited to, attorneys’ fees and costs) against the City for any Claims or Litigation which arise during the Term of this Agreement, except to the extent such Claims or Litigation are the result of the City’s sole negligence or intentional misconduct. The City shall promptly provide the Developer with notice of the pendency of any such Claims or Litigation and request that the Developer defend the same. If the City fails promptly to notify the Developer of any such Claims or Litigation or fails to cooperate fully in the defense thereof, the Developer shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. The Developer may utilize the City Attorney’s office or use legal counsel of Developer’s choosing, but shall reimburse the City for any necessary legal cost incurred by the City. If the Developer fails to do so, the City may defend the Claims or Litigation and Developer shall pay the cost thereof, but if the City chooses not to defend the Claims or Litigation, it shall have no liability to the Developer. The Developer’s obligation to pay the defense cost shall extend until judgment and thereafter through any appeals. In the event of an appeal, or a settlement offer, the Parties will confer in good faith as to how to proceed and the resolution of any such appeal and the Parties’ response to any such settlement offer shall require the consent of both Parties, which consent shall not be unreasonably withheld.
12.2 Hold Harmless: Developer’s Construction and Other Activities. The Developer hereby agrees to, and shall defend, save and hold the City and its elected and appointed board commissions, officers, agents, and employees harmless from any and all claims, costs (including attorneys’ fees) and liability for any third party damages, personal injury or death, which may arise, directly or indirectly, from Developer’s or Developer’s agents, contractors, subcontractors, agents, or employees’ performance under this Agreement, whether such performance be by the Developer or by any of Developer’s agents, contractors or subcontractors or by any one or more Persons directly or indirectly employed by or acting as agent for Developer or any of Developer’s agents, contractors or subcontractors, in each case, during the Term of this Agreement and except to the extent such Claims or Limitation are the result of the City’s negligence or intentional misconduct. The City shall promptly provide the Developer with notice of the pendency of any such claim, action or proceeding against the City and request that the Developer defend the same.
If the City fails promptly to notify the Developer of any such claim, action or proceeding or fails to cooperate fully in the defense thereof, the Developer shall not, thereafter, be responsible to defend, indemnify, or hold harmless City. Nothing herein is intended to make the Developer liable for the acts or negligent omissions of the City’s officers, employees, agents, contractors of subcontractors or any liability arising therefrom.
12.3 Survival of Indemnity Obligations. All indemnity obligations set forth in this Agreement shall survive termination of this Agreement for any reason other than the City’s Default.
13. EFFECT OF AGREEMENT ON TITLE
13.1 Subject to the provisions of Sections 11 and 15:
(a) All of the provisions, agreements, rights, powers, standards, terms, covenants and obligations contained in this Agreement shall be binding upon the Parties and their respective heirs, successors (by merger, consolidation, or otherwise) and assigns, devisees,
16 administrators, representatives, lessees, and all other Persons acquiring any rights or interests in the Property, or any portion thereof, whether by operation of laws or in any manner whatsoever and shall inure to the benefit of the Parties and their respective heirs, successors (by merger, consolidation or otherwise) and assigns;
(b) All of the provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land pursuant to applicable law; and (c) Each covenant to do or refrain from doing some act on the Property hereunder (i) is for the benefit of and is a burden upon every portion of the Property, (ii) runs with such lands, and (iii) is binding upon each Party and each successive owner during its ownership of such properties or any portion thereof, and each Person having any interest therein derived in any manner through any owner of such lands, or any portion thereof, and each other Person succeeding to an interest in such lands.
14. PARTIES’ OFFICERS AND EMPLOYEES; NON-DISCRIMINATION
14.1 Non-liability of Parties’ Officers and Employees. No official, agent, contractor, or employee of the City shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Developer or to its successor, or for breach of any obligation of the terms of this Agreement. No member, official, agent, contractor, or employee of the Developer shall be personally liable to the City, or any successor in interest, in the event of any default or breach by the Developer or for any amount which may become due to the City or to its successor, or for breach of any obligation of the terms of this Agreement.
14.2 Conflict of Interest, Warranty, and Representation of Non-Collusion. No official, officer, or employee of the City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of the City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute, ordinance or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interest found to be “remote” or not an “interest” pursuant to California Government Code Sections 1091 through 1091.5. The Developer warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded this Agreement other than customary expenses of attorneys, advisors, consultants and other similar third parties assisting the Developer in the negotiation and documentation of this Agreement. The Developer further warrants and represents that it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result or consequence of obtaining or being awarded any agreement other than customary expenses of attorneys, advisors, consultants and other similar third parties assisting Developer in the negotiation and documentation of this Agreement. The
17 Developer is aware of and understands that any such act(s), omission(s) or other conduct in violation of applicable law resulting in the payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
14.3 Covenant Against Discrimination. The Developer covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement.
15. MORTGAGEE PROTECTION.
15.1 Developer’s Breach Not Defeat Mortgage Lien. The Developer’s breach of any of the covenants or restrictions contained in this Agreement shall not defeat or render void or invalid the lien of any mortgage made in good faith and for value but unless otherwise provided herein, the terms, conditions, covenants, restrictions, easements, and reservations of this Agreement shall be binding and effective against the holder of any such mortgage whose interest is acquired by foreclosure, trustee’s sale, deed or assignment in lieu thereof, or otherwise.
15.2 Holder Not Obligated to Continue Expanded Use. The holder of any mortgage shall in no way be obligated by the provisions of this Agreement to continue the expanded use at the Property, or to continue the public benefits described in Exhibit C. Nothing in this Agreement shall be deemed or construed to permit or authorize any such holder to devote the Project or any portion thereof to any uses, or to construct any improvements thereon, other than those uses or improvements provided for or authorized by this Agreement, the Development Plan, or applicable law.
15.3 Notice of Default to Mortgagee, Deed of Trust or Other Security Interest Holders.
Whenever the City shall deliver any notice or demand to the Developer with respect to any Default or alleged Default by Developer hereunder, the City shall at the same time deliver a copy of such notice or demand to each holder of record of any mortgage who has previously made a written request to the City therefor, or to the representative of such holder as may be identified in such a written request by such holder.
15.4 Right to Cure. Each holder (insofar as the rights of the City are concerned) shall have the right, at its option, within thirty (30) days after the receipt of the notice, and thirty (30) days after Developer’s cure rights under Section 10.2 have expired, whichever is later, to:
(a) Commence to obtain possession, if necessary, and commence and diligently pursue said cure until the same is completed, and
(b) Add the cost of said cure to the security interest debt and the lien or obligation on its security interest.
15.5 Changes Requested by Lenders. The City acknowledges that any prospective lender(s) providing financing for the Project may require or desire certain modifications to the terms of this Agreement (including, without limitation, the terms of this Section 15) and the City
18 agrees upon request, from time to time, to meet with the Developer and representatives of such lender(s) to negotiate in good faith any such request for modifications of this Agreement. The City shall not unreasonably withhold its consent to any such requested modification provided such modification is consistent with the intent and purposes of this Agreement. Any such modifications shall be considered minor modifications subject to the provisions of Section 7.4.
16. GENERAL
16.1 Estoppel Certificates. Either Party (or a holder or prospective holder of a mortgage under Section 15) may at any time and from time to time deliver written Notice to the other Party requesting an estoppel certificate (the “Estoppel Certificate”) stating:
(a) This Agreement is in full force and effect and is a binding obligation of the Parties;
(b) This Agreement has not been amended or modified either orally or in writing or, if so amended, identifying the amendments; and (c) There are no existing defaults under this Agreement to the actual knowledge of the Party signing the Estoppel Certificate or, if there are existing defaults, identifying them.
A Party receiving a request for an Estoppel Certificate shall provide a signed certificate to the requesting Party within thirty (30) days after receipt of the request. An Estoppel Certificate may be relied on by assignees and holders or prospective holders of a mortgage.
16.2 Force Majeure. The Term of this Agreement and the time within which the Developer or the City shall have the right or be required to perform any act under this Agreement shall be extended by a period of time equal to the number of days during which performance of such act is delayed due to war, acts of terrorism, insurrection, strikes, lock-outs, other labor disputes, labor or material shortages, riots, civil disturbances, floods, earthquakes, fires, windstorms, hail, casualties, natural disasters, acts of God, acts of the public enemy, epidemics or pandemics, quarantine or other public health restrictions, freight embargoes, lack of transportation attributable to any of these, acts or failure to act of the other Party, acts or the failure to act of any public or governmental agency or entity (except that acts or failure to act of the City shall not excuse performance by City), legal or governmental restrictions on priority, initiative or referendum, moratoria, processing with governmental agencies other than the City, unusually severe weather, third party Claims or Litigation as described in Section 12.1 of this Agreement, or any other similar causes beyond the control or without the fault of the Party claiming an extension of time to perform. An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause if written notice by the Party claiming such extension is sent to the other Party within thirty (30) days of obtaining knowledge of the commencement of the cause, or from the time such written notice by the Party claiming such extension is actually sent to the other Party, if such written notice is sent more than thirty (30) days after obtaining knowledge of the commencement of the cause. Any act or failure to act on the part of a Party shall not excuse performance by that Party.
16.3 Construction of Development Agreement. The language of this Agreement shall be
19 construed as a whole and given its fair meaning. The captions of the sections and subsections are for convenience only and shall not influence construction. This Agreement shall be governed by the laws of the State of California. This Agreement shall not be deemed to constitute the surrender or abrogation of the City’s governmental powers over the Property.
16.4 Severability. If any provision of this Agreement is adjudged invalid, void or unenforceable, that provision shall not affect, impair, or invalidate any other provision, unless such judgment affects a material part of this Agreement in which case the Parties shall comply with the procedures set forth in Section 12.1(b).
16.5 Attorneys’ Fees. If either Party to this Agreement is required to initiate or defend any action or proceeding against the other Party in connection 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 attorneys’ fees. Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a Party entitled to attorneys’ fees shall be entitled to all other reasonable, out-of-pocket 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.
16.6 Joint and Several Obligations. All obligations and liabilities of the Developer hereunder shall be joint and several among the obligees comprising Developer (if more than one).
16.7 Time of Essence. Time is of the essence in:
(a) The performance of the provisions of this Agreement as to which time is an element; and
(b) The resolution of any dispute which may arise concerning the obligations of Developer and City as set forth in this Agreement.
16.8 Waiver. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, or the failure by a Party to exercise its rights upon the Default of the other Party, shall not constitute a waiver of such Party’s right to insist and demand strict compliance by the other Party with the terms of this Agreement thereafter.
16.9 No Third-Party Beneficiaries. The only parties to this Agreement are the Developer and the City. Except with respect to the holder or prospective holder of any mortgage who shall be entitled to rely upon the provisions of Section 15 hereof to the same extent as if such holder were a party to this Agreement, there are no third-party beneficiaries of this Agreement and this Agreement is not intended, and shall not be construed, to benefit or be enforceable by any other Person whatsoever.
16.10 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the Party benefited thereby of the covenants to be performed hereunder by such benefited Party.
20 16.11 Relationship of Parties. It is specifically understood and agreed by and between the Parties that the Project is a private development, that neither Party is acting as the agent of the other in any respect hereunder, and that such Party is an independent contracting entity with respect to the terms, covenants, and conditions contained in this Agreement.
16.12 Notice.
(a) To the Developer. Any notice required or permitted to be given by the City to the Developer under this Agreement shall be in writing and delivered: (1) personally to Developer or sent by courier or delivery service (and not the United States Postal Service), return receipt requested and with signature required, and (2) by e-mail, addressed as follows:
With copy to: AltaMed
2040 Camfield Avenue
Los Angeles, CA 90040
Attention: Susana Smith Bautista
Email: [email protected];
[email protected]
or such other address as the Developer may designate in writing to the City. (b) To the City. Any notice required or permitted to be given by the Developer to the City under this Agreement shall be in writing and delivered personally to the City Clerk or sent by courier or delivery service (and not the United States Postal Service), return receipt requested and with signature required, addressed as follows:
City of Montebello
1600 W Beverly Blvd
Montebello, CA 90640
Attention: Planning & Community Development Director
With a copy to:
Alvarez-Glasman & Colvin
13181 Crossroads Parkway North Suite 400 West Tower
City of Industry, CA 91746
Attn: Arnold M. Alvarez-Glasman, City Attorney
or such other address as the City may designate in writing to the Developer. (c) Notices provided pursuant to this Section shall be deemed received as of the earlier of: (i) date of delivery as shown on the affidavit of personal service or the courier or delivery service receipt; or (ii) date receipt of e-mail notice is acknowledged.
16.13 Further Actions and Instruments. Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent necessary to implement this Agreement.
21 Upon the request of either Party at any time, the other Party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary to implement this Agreement or to evidence or consummate the transactions contemplated by this Agreement.
16.14 Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter of this Agreement, and this Agreement supersedes all previous negotiations, discussions, and agreements between the Parties. No parol evidence of any prior or other agreement shall be permitted to contradict or vary the terms of this Agreement.
16.15 Recitals. The recitals in this Agreement constitute part of this Agreement and each Party shall be entitled to rely on the truth and accuracy of each recital as an inducement to enter into this Agreement.
16.16 Counterparts. This Agreement may be executed by the Parties in counterparts which counterparts shall be construed together and have the same effect as if all of the Parties had executed the same instrument.
16.17 Recording. The City Clerk shall cause a copy of this Agreement to be executed by the City and recorded in the Official Records of Los Angeles County no later than ten (10) days after the Operative Date. The recordation of this Agreement is deemed a ministerial act and the failure of City to record this Agreement as required by this Section and the Development Agreement Statute does not make this Agreement void or ineffective.
16.18 Authority to Execute. The Persons executing this Agreement on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, (iv) the entering into of this Agreement does not violate any provision of any other Agreement to which said Party is bound, and (v) there is no litigation or legal proceeding which would prevent such Party from entering into this Agreement.
[Signatures on the following page(s)]
22 IN WITNESS WHEREOF, the City and the Developer have executed this Agreement on the date first above written.
AltaMed Health Services Corporation, a
California nonprofit corporation
By:
Cástulo de la Rocha,
President & CEO
APPROVED AS TO FORM:
By:
Arnold M. Alvarez-Glasman
City Attorney
CITY OF MONTEBELLO, a municipal
corporation
By:
Raul Alvarez, City Manager
ATTEST:
By: ______________________________
Christopher Jimenez
City Clerk
EXHIBIT “A”
Legal Description
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF MONTEBELLO, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
EXHIBIT “B”
Site Map/Plan
EXHIBIT “C”
DESCRIPTION OF PUBLIC BENEFITS
The public benefits to be received by the City and its residents as a result of this Agreement include, without limitation, the following:
A. One-Time Development Agreement Fee. Developer shall pay to the City a one-time, non- refundable Development Agreement Fee in the amount of $20,000 (“Development Agreement Fee”) for costs associated with the preparation and review of this Agreement by City’s staff, its legal counsel, and consultants. The Development Agreement Fee shall be separate from Developer Fees and Processing Fees required under this Agreement.
B. One-Time Public Benefit Fee. Developer shall pay to the City a one-time Public Benefit Fee in the amount of Two Hundred Thousand Dollars ($200,000). The City shall determine, in its sole discretion, the manner, purpose, use and expenditure of the Public Benefit Funds received by the City from the Developer.
C. Developer Fees. Developer shall comply with the City’s Art in Public Places Program as required under Chapter 17.79 of the Montebello Municipal Code.
D. Processing Fees. All applicable Processing Fees in effect at the time said Processing Fee is due, provided that the Processing Fee is not imposed in a manner that discriminates against the Developer or the Project.
E. City Use of Art Gallery for Public Events. City shall have the right to use portions of the Property for events related to arts, culture, and education with prior approval from Developer up to seven (7) times per calendar year (“City Events”). The City shall provide Developer with at least thirty (30) days’ written notice of its intent to schedule a City Event and completion of the access agreement included as Exhibit D. The City shall be responsible for ensuring that its use of the Property complies with the terms of the Access Agreement in Exhibit D, and all applicable laws, including safety and capacity regulations.
The City shall also be responsible for ensuring that the Property is left in the same condition as it was prior to the City Events.
DN
TV
STORAGE
STORAGESTORAGE
(E)
SERVER
ROOM
STORAGE
(E)
(E)
OFFICE
(E)
(E)
STORAGE
ROOM
STORAGE
LOBBY
MACHINE
ROOM
(E)
ELEVATOR
(E)
(E)
(N) CUSTODIALEXIT
EXIT
(E) ELECTRICAL ROOM
MACHINE
ROOM
FREIGHT
ELEVATOR
(E)
(E)
(E)
STORAGE
HALLWAY
123456
E
D
C
B
A
(E) ELECTRICAL
(E) UNISEX
WORKROOM
HUMIDIFIER
38'-0" 23'-5"
52'-0"
EXIT
EXIT EXIT
(N) LOUNGE
(E) STAIR
12346
23'-0"12'-0"
63'-6"
DEVICES
22'-10"22'-4"
101 102
106 107 108
109
115
113
106
HALL
110
FOYER
HALLWAY
103
(E)(E)
(E)
W.H.
5 (E)
(E)
(E)
(E)
(E)
(E)
(E)
(E)
(E)
(E)
(E)
(E)
(E)
(N) CLOSET
FUTURE OFFICES
(N)
ROOM
WORKROOM(N)
88'-3"
227'-8"
99'-3"
N.I.C.
EXIT
116
112
(N) ART STORAGEN.I.C.
(E) ENTRANCE
LOBBY
104.2
HALLWAY
103
(N) CONFERENCE ROOM
5,683 SQ. FT.
2,484 SQ. FT.
4,199 SQ. FT.
(N) ART GALLERY (E) ART STORAGE
(N) PANTRY
3,302 SQ. FT.
69'-11"
C.C.A.
Drawn by
Checked by
G.L
10855 BEVERLY DR WHITTIER CA 90601
Tel: (626) 403-9902
:
:
PROJECT INFORMATION PROPOSED TENANT
IMPROVEMENT STORAGE
FOR:
ALTAMED HEALTH SERVICES
1401 NORTH MONTEBELLO
BLVD, CA 90604
Drawing Title
Job Number
ADM
Scale: :
Drawing Number
ARCHITECT
PROJECT:
STAMP APPROVAL
REVISIONS:
Date 12/20/2022 AS SHOWN
ARCHITECTURAL DESIGN MATRIX
A-0.0
CONSULTANTS
PLUMBING:
ELECTRICAL:
MECHANICAL:
CASTILLO ENGINEERING
1205 PINE AVE, STE. 201
LONG BEACH, CA 90813
(562) 682 - 3620
STRUCTURAL:
JER ENGINEERING
15322 S, SAN SIMON LN.
LA MIRADA, CA 90638
(562) 652 - 0400
ENGENIOUS GROUP INC.
898 N. FAIROAKS AVE. STE. E
PASADENA, CA 91030
(62620 696 - 3850
PLUMBING SYSTEMS WEST
31491 OUTER HIGHWAY 10
REDLANDS, CA 92373
PINNACLE ELECTRICAL
6750 FOSTER BRIDGE BLVD.
BELL GARDENS, CA 90201
(323) 423 - 7077
SURVEYOR:
ALTAMED HEALTH SERVICES
1401 NORTH MONTEBELLO BLVD, SECOND FLOOR, MONTEBELLO, CA. 90604
TENANT IMPROVEMENT OF STORAGE AREAS
A. C.
A. C.
ALUM.
C. L.
CLR.
COL.
COMPO.
CONC.
C. M. U.
CEIL.
DET.
DIA.
DISP.
DN.
DRWG.
( E )
ELECT.
ELEV.
EQ.
EXIST.
EXT.
FIN.
FLR.
F. O. S.
F. O. W.
GA.
RET.
R. A.
REQ.
R. O.
S. A.
ST.
T. S.
T. O. B.
T. O. C.
T. O. F.
T. O. S.
T. O. W.
TYP.
U. N. O.
AIR CONDITIONING
ASPHALT CONCRETE
ALUMINUM
CHAIN LINK
CLEAR
COLUMN
COMPOSITION
CONCRETE
CONCRETE MASONRY UNIT
CEILING
DETAIL
DIAMETER
DISPOSAL
DOWN
DRAWING
EXISTING
ELECTRICAL
ELEVATOR
EQUAL
EXISTING
EXTERIOR
FINISH
FLOOR
FACE OF STUD
FACE OF WALL
GAUGE
RETAINING
RETURN AIR
REQUIRED
ROUGH OPENING
SUPPLY AIR
STORAGE
TUBULAR STEEL
TOP OF BEAM
TOP OF CONCRETE
TOP OF FENCE
TOP OF SLAB
TOP OF WALL
TYPICAL
UNLESS NOTED OTHERWISE
ABBREVIATIONS
1 -
A-20
A
B
C
D1
01 1
A
FE
INTERIOR ELEVATION IDENTIFICATION.
DRAWING LOCATION IDENTIFICATION.
SHEET WHERE ENLARGEMENT IS
SHOWN.
FULL SECTION IDENTIFICATION AND
DIRECTION OF CUT.
SHEET WHERE DRAWING IS SHOWN.
DOOR NUMBER
WINDOW NUMBER
GRID LINE IDENTIFICATION
FIRE EXTINGUISHER
ROOM NUMBER
CEILINNG
ELEVATION
SAND / MORTAR / PLASTER
CONCRETE
GYPSUM WALLBOARD
MASONRY
METAL STUD PARTITION
BAT INSULATION
METAL
PLYWOOD
ACOUSTIC TILE OR BOARD
GRADE
LEVEL CHANGE IDENTIFICATION
PARTIAL SECTION OR DETAIL NUMBER
IDENTIFICATION SHEET WHERE
DRAWING IS SHOWN.
101
CERAMIC TILE
SYMBOLS LEGEND
N
ZONE
ZONE 'B'
ZONE 'C'
A
B
C
USE
NEW GALLERY
(N) OFFICES AND
SUPPORT SERVICES
(N)
1-HOUR-RATED
CIRCULATION
AREA
3,302 SQ. FT.
5,683 SQ. FT.
2,484 SQ. FT.
OCCUPANCY
A-3
B
B
CONSTRUCTION
V
V
V
AREA
INCREASE
0 0
0 AUTOMATIC
SPRINKLER
YES
YES
VICINITY MAP
PROJECT DESCRIPTION
TENANT IMPROVEMENTS OF NEW STORAGE USE IN
EXISTING FORMER STORAGE FACILITY CONSISTING OF
THE FOLLOWING:
1. CONSTRUCTION OF NEW PARTITIONS TO DIVIDE
AREA INTO STORAGE, SUPORTING SERVICES AND
CIRCULATION SPACES.
2. SITE IMPROVEMENTS OF PARKING ALTERATIONS
FOR ACCESSIBLE PARKING & ADDED PARKING
STALLS; CONST. OF TRASH ENCLOSURE; CONST.
OF ENTRANCE CANOPY; INSTALLATION OF
WHEELCHAIR LIFT AT LOADING DOCK.
PATH OF TRAVEL
SHEET INDEX
SECOND FLOOR AREA ANALYSIS
G. B.
H. M.
MAX.
MECH.
( N )
N. I. C.
NO.
RAD.
GYPSUM BOARD
HALLOW METAL
MAXIMUM
MECHANICAL
NEW
NOT IN CONTRACT
NUMBER
RADIUS
PROJECT LOCATIONN.TS.3 N.TS.4 N.TS.7
N.TS.6N.TS.2
N.TS.5
N.TS. GENERAL PLAN AREA ANALYSIS
AREA ANALYSIS
A-0.1
3 ZONE 'A'
ZONE 'D'
D4,199 SQ. FT.YES
NEW STORAGE
YES
0 V
S-1
TOTAL AREA:15,668 SQ. FT.
SHEET INDEX
N0.SHEET NO.DESCRIPTION
ARCHITECTURAL
2 1A-0.0
D-01
3 4
5 7
6 8
9 10
11 A-1.0
A-1.2
A-3.0
A-2.0
A-4.0
PROJECT INFORMATION, SHEET INDEX, AREA ANALYSIS
DEMOLITION PLAN
PROPOSED FLOOR PLAN
INTERIOR ELEVATIONS
REFLECTED CEILING PLAN
ENLARGED RESTROOM FLOOR PLANS AND DETAILS
12 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
A-5.0PARKING PLAN AND DETAILS
S-1.0
MECHANICAL
MCMURRAY/STERN STORAGE SYSTEM
30 31
32 33
34 35
36 37
38 44
45 46
47 A-1.1ENLARGED SITE PLAN & TOPO. SURVEY
GENERAL NOTES / ACCESS PATH OF TRAVELA-0.1
M-0.1HVAC TITLE 24
M-0.2HVAC TITLE 24
M-1.1HVAC EQUIPMENT SCHEDULE, NOTES & LEGEND
HVAC FLOOR PLAN
HVAC ROOF PLAN
HVAC EQUIPMENT SCHEDULE, NOTES & LEGENDM-1.2
M-2.1
M-2.2
STRUCTURAL
STRUCTURAL NOTES
HVAC DETAILS M-3.1
S-1.1TYPICAL STRUCTURAL DETAILS
S-1.2
S-2.0MEZZANINE FRAMING PLAN
S-2.2ROOF FRAMING PLAN
TYPICAL STRUCTURAL DETAILS
S-2.1CEILING FRAMING PLAN
ELECTRICAL
E-1ELECTRICAL TITLE SHEET
E-2LIGHTING PLAN
E-3POWER PLAN
E-4LIGHTING TITLE 24
E-5 MS-0.0
MS-1.0
MS-2.0
TITLE SHEET, PROJECT INFORMATION
FLOOR PLAN
ELEVATIONS
MS-3.0DETAILS
WALL TYPE SECTIONS
ELECTRICAL ROOF PLAN
PLUMBING
29 PLUMBING LEGEND, NOTES & SCHEDULESP-0.1
P-0.2
P-2.1
P-2.2
PLUMBING TITLE 24 FORMS
PLUMBING OVERALL FLOOR PLAN
PLUMBING DWG. & W & V CUSTODIAL & RESTROOM FLOOR PLANS P-2.3PLUMBING DWG. & W & V LOUNGE & LECTURE FLOOR PLANS P-3.1PLUMBING DETAILS
P-4.1PLUMBING SPECIFICATIONS
P-4.2PLUMBING SPECIFICATIONS
ARMSTRONG CEILING SYSTEMS INSTALLATIONS
C-1
T-1
R-1
TITLE SHEET, PROJECT INFORMATION
SCHEDULES
PLANS
REFERENCE DRAWINGS:
49 S-1PLANS
D-1DETAILS
50 D-2
DETAILS
54 D-3
DETAILS
DETAILS
DETAILS
1 TOTAL PLAN SUMMITED : 57
A-1.4EXTERIOR ELEVATION AND DETAILS
R-2PLANS 51
52 D-5
D-4
A-7.0SCHEDULES
13 GENERAL MALL PARKING PLAN
A-0.42022 CALIFORNIA GREEN STANDARDS CODE - SHEET 1
A-0.2
A-0.3
2022 CALIFORNIA GREEN STANDARDS CODE - SHEET 2
2022 CALIFORNIA GREEN STANDARDS CODE - SHEET 3
ENLARGED DESIGNATED PARKING PLAN
A-0.5
A-0.6
39 40
41 42
43 53
48 55
56 57
ATTACHMENT C
DN
STORAGE
STORAGESTORAGE
(E)
SERVER
ROOM
STORAGE
(E)
(E)
OFFICE
(E)
(E)
STORAGE
ROOM
STORAGE
LOBBY
MACHINE
ROOM
(E)
ELEVATOR
(E)
(E)
(N) CUSTODIALEXIT
EXIT
(E) ELECTRICAL ROOM
MACHINE
ROOM
FREIGHT
ELEVATOR
(E)
(E)
(E)
STORAGE
HALLWAY
(E) ELECTRICAL
(E) UNISEX
(E) ROOF OVERHANG
WORKROOM
(E) LOADING
HUMIDIFIER
EXIT
EXIT EXIT
(N) PANTRY
(N) LOUNGE
7'-4"
(E) STAIR
(E) 10 FT CHAINLINK GATE DOCK
9'-0"8'-6" 8'-6" 8'-6" 8'-6" 8'-6" 8'-0"
VAN
EXISTING PARKING (RE-STRIPPED)(N) PARKING
(N) C.M.U.
8'-7" 8'-6" 8'-6" 8'-6"
11'-10"
9'-0"10'-0"
18'-3"7 6 5 3 2 14
8 10 11 129
EXISTING
PLANTER
EXISTING
PLANTER
EXISTING
PLANTER
EXISTING
PLANTER
DEVICES
101 102
105104
106 107
108
109
115
WOMEN
RESTROOM
MEN
RESTROOM
113
106
HALL
110
FOYER
103
(E)(E)
(E)
W.H.
(E)
(E)
(E)
(E)
(E)
(E)
(E)
(E)
(E)
(E)
(E)
(E)
(E)
(N) CLOSET
4'-0"
4"
4'-0"
1'-6"
EXISTING PARKING (RE-STRIPPED)
(N)
ROOM
WORKROOM(N)
ENCLOSURE
(E)TRANSFORMER
101 101
EXIT
116
112
(E) TROUGH DRAIN
TRASH
104.2
28'-1"
108
(N) METAL AWNING
(N) WHEELCHAIR LIFT
8'-6"
N.I.C.
N.I.C.
N.T.S.3 ACCESSIBLE PATH OF TRAVEL
C.C.A.
Drawn by
Checked by
PATH OF TRAVEL
10855 BEVERLY DR WHITTIER CA 90601
Tel: (626) 403-9902
:
:
GENERAL NOTES
PROPOSED TENANT
IMPROVEMENT STORAGE
FOR:
ALTAMED HEALTH SERVICES
1401 NORTH MONTEBELLO
BLVD, CA 90604
Drawing Title
Job Number
ADM
Scale: :
Drawing Number
ARCHITECT
PROJECT:
REVISIONS:
Date 12/20/2022 AS SHOWN
ARCHITECTURAL DESIGN MATRIX
A-0.1
CONSULTANTS
MECHANICAL:
CASTILLO ENGINEERING
1205 PINE AVE, STE. 201
LONG BEACH, CA 90813
(562) 682 - 3620
STRUCTURAL:
JER ENGINEERING
15322 S, SAN SIMON LN.
LA MIRADA, CA 90638
(562) 652 - 0400
ENGENIOUS GROUP INC.
898 N. FAIROAKS AVE. STE. E
PASADENA, CA 91030
(62620 696 - 3850
SURVEYOR:
DO NOT SCALE THE CONSTRUCTION DOCUMENTS. WRITTEN DIMENSIONS TAKE PRECEDENCE OVER SCALED GRAPHICS. NOTIFY ARCHITECT IMMEDIATELY IN WRITING OF ALL ADDITIONAL REQUIRED DIMENSIONS. DO NOT PROCEED WITH WORK IN THE AREA OF DISCREPANCY OR CONFLICT UNTIL ARCHITECT GIVES DIRECTION. IF
THE CONTRACTOR PROCEEDS WITHOUT DIRECTION FROM ARCHITECT, IT SHALL BE
AT CONTRACTORS RISK, AND CONTRACTOR SHALL BE RESPONSIBLE FOR ALL REQUIRED CORRECTIVE ACTION.
DIMENSIONS ARE NOT ADJUSTABLE WITHOUT THE REVIEW OF ARCHITECT UNLESS NOTED (+/-) OR "VERIFY" DIMENSIONS NOTED "HOLD" SHALL BE CONSIDERED AS
ABSOLUTE AND USED FOR LAY-OUT CONTROL UNLESS OTHERWISE DIRECTED BY ARCHITECT.
"TYPICAL" MEANS COMPARABLE CHARACTERISTICS FOR THE ELEVATION OR DETAIL NOTED. WHEN A DETAIL OR NOTE IS IDENTIFIED AS "TYPICAL", CONTRACTOR SHALL
APPLY THIS DETAIL OR NOTE TO EVERY LIKE CONDITION, WHETHER OR NOT THE REFERENCE IS REPEATED IN EVERY INSTANCE. VERIFY DIMENSIONS AND ORIENTATION ON PLANS.
PROVIDE WORK NOT SPECIFICALLY DETAILED OR SPECIFIED IN ACCORDANCE WITH DETAILS OR SIZES COVERING SIMILAR WORK.
"SIMILAR" MEANS COMPARABLE CHARACTERISTICS FOR THE ELEVATION OR DETAIL NOTED VERIFY DIMENSIONS AND ORIENTATION ON PLANS.
ABBREVIATIONS THROUGHOUT THE DOCUMENTS COMPLY WITH DOCUMENT ABBREVIATION LIST OR ARE THOSE IN COMMON USE. ARCHITECT WILL DEFINE THE INTENT OF ANY IN QUESTION.
ALL HEIGHTS ARE DIMENSIONED FROM TOP OF SLAB UNLESS NOTED "AFF" (ABOVE FINISH FLOOR.)
SECURE AND PAY FOR ALL PERMITS, GOVERNMENTAL FEES AND LICENSES REQUIRED FOR PROPER COMPLETION OF THE WORK. REQUEST ALL INSPECTIONS REQUIRED BY LOCAL GOVERNMENTAL AGENCIES AND COORDINATE THE WORK ACCORDINGLY.
WHERE WORK OR EQUIPMENT IS INDICATED "N.I.C." (NOT IN CONTRACT) ON THE DRAWINGS, SUCH WORK AND/OR EQUIPMENT SHALL BE PROVIDED BY OTHERS.
CONTRACTOR SHALL COORDINATE AND COOPERATE TO EFFECT SUCH INSTALLATION.
DIMENSIONS FOR STRUCTURAL BEAMS AND COLUMNS ARE TO CENTERLINE UNLESS NOTED OTHERWISE.
DIMENSIONS FOR CONCRETE ARE TO FACE OF CONCRETE UNLESS NOTED OTHERWISE. DIMENSIONS FOR CMU ARE NIMONAL AND TO FACE OF CMU UNLESS NOTED OTHERWISE.
ALL DIMENSIONS SHOWN FOR INTERIOR PARTITIONS ARE TO FACE OF FINISH AT NEW
CONSTRUCTION AND FACE OF FINISH AT EXISTING CONSTRUCTION, UNLESS NOTED OTHERWISE.
CORRECT ALL WORK INSTALLED IN CONFLICT WITH THE CONSTRUCTION DOCUMENTS
BY CONTRACTOR AS DIRECTED BY ARCHITECT AND AT NO ADDITIONAL EXPENSE TO THE OWNER.
VISIT JOB SITE PRIOR TO BEGINNING WORK AND VERIFY ALL DIMENSIONS AND CONDITIONS.
THE FOLLOWING GENERAL NOTES ARE HEREBY INCORPORATED INTO THE WORK AND SHALL BE IMPLEMENTED AS APPLICABLE TO THE WORK.
CONFIRM ALL NEW EXISTING CONDITIONS WITH THE CONTRACT DOCUMENTS. NOTIFY ARCHITECT IMMEDIATELY IN WRITING OF ALL DISCREPANCIES OR CONFLICTS.
DIRECTION IS GIVEN BY ARCHITECT. IF CONTRACTOR PROCEEDS WITHOUT DIRECTION
FROM ARCHITECT, IT SHALL BE AT CONTRACTORS RISK, AND CONTRACTOR SHALL BE RESPONSIBLE FOR ALL REQUIRED CORRECTIVE ACTION.
REVIEW THE ARCHITECTURAL DRAWINGS BEFORE THE INSTALLATION OF SYSTEM SHOWN ON CONSULTING ENGINEERS DOCUMENTS. DISCREPANCIES BETWEEN THE
ARCHITECTURAL AND CONSULTING ENGINEER'S DOCUMENTS SHALL BE BROUGHT TO ARCHITECT'S ATTENTION FOR DIRECTION. CONTRACTOR AT NO EXPENSE TO THE
OWNER SHALL CORRECT CONSTRUCTION INSTALLED IN CONFLICT WITH THE ARCHITECTURAL DRAWINGS.
ALL WORKS AND MATERIALS SHALL BE IN FULL ACCORDANCE WITH THE
REQUIREMENTS OF THE CODES AND ALL APPLICABLE LOCAL ORDINANCES, AS INDICATED IN CODES & REGULATIONS ON G0.1. WHERE CONTRACT DOCUMENTS
EXCEED SUCH REQUIREMENTS, WITHOUT VIOLATING SUCH CODES, REGULATIONS AND ORDINANCES, CONTRACT DOCUMENTS TAKE PRECEDENCE. WHERE CODES CONFLICT, THE MORE STRINGENT SHALL APPLY.
DURING THE ENTIRE CONSTRUCTION PERIOD, IT SHALL BE THE SOLE RESPONSIBILITY
OF THE CONTRACTOR TO MAINTAIN CONDITIONS AT THE PROJECT SITE TO MEET THE
REQUIREMENTS OF THE FEDERAL OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA) AND CALIFORNIA OCCUPATIONAL REGULATIONS. THIS
PROVISION SHALL COVER THE CONTRACTOR'S EMPLOYEES AND ALL OTHER PERSONS WORKING UPON OR VISITING THE SITE. THE CONTRACTOR SHALL BECOME FULLY
INFORMED OF ALL APPLICABLE STANDARDS AND REGULATIONS AND INFORM ALL PERSONS AND REPRESENTATIVES RESPONSIBLE FOR WORK UNDER THIS CONTRACT.
27. 24.
26. 25.
23. 22.
21. 20.
19. 18.
17. 16.
15. 14.
9. 13.
12. 11.
10. 8.
7. 6.
5. 4.
3. 2.
1. PROVIDE FOR THE PROPER SEQUENCE OF CONSTRUCTION, LOCATION AND SIZE OF OPENINGS. COORDINATE ALL CONSTRUCTION AS INDICATED BY THE CONTRACT DOCUMENTS, INCLUDING SHOP DRAWINGS REVIEWED BY ARCHITECT.
REMOVE ALL TRASH AND DEBRIS DAILY. DO NOT STORE BUILDING MATERIALS IN CORRIDORS AT ANY TIME. COMPLY WITH REQUIREMENTS AS SPECIFIED IN PROJECT MANUAL.
PERFORM ALL CUTTING, PATCHING, AND FINISHING NECESSARY TO RESTORE THE
BUILDING AND SITE ORIGINAL CONDITION OF ALL EXISTING PORTIONS OF THE
BUILDING AND SITE AFFECTED BY CONTRACTORS WORK, TO THE SATISFACTION OF ARCHITECT AND OWNER.
VERIFY POINTS OF CONNECTION, INCLUDING SIZES AND LOCATIONS AND ALL OTHER REQUIRED OPERATING CRITERIA WITH EQUIPMENT MANUFACTURER.
COORDINATE THE LOCATION AND TYPE OF ALL ACCESS PANELS REQUIRED FOR
ACCESSING MECHANICAL, PLUMBING, AND ELECTRICAL AND OTHER BUILDING SYSTEMS WITH ARCHITECT.
TAKE ALL MEASURES TO ACCOMPLISH THE WORK WITH THE MINIMUM NOISE AND DUST GENERATION TO MAXIMUM EXTENT POSSIBLE. COMPLY WITH REQUIREMENTS AS SPECIFIED IN PROJECT MANUAL.
CONTRACTOR SHALL STIPULATE THAT ALL PROPOSED SUBSTITUTIONS ARE EQUAL IN PERFORMANCE AND COMPLY WITH APPLICABLE CODES AND REGULATIONS.
CONTRACTOR'S SUBSTITUTION OF ALTERNATE MATERIALS OR SYSTEMS SHALL BE AT NO ADDITIONAL COST TO OWNER.
REFER TO THE PROJECT MANUAL FOR GENERAL CONDITIONS, SUPPLEMENTARY AND SPECIAL CONDITIONS, AND OTHER REQUIREMENTS.
PROVIDE BARRICADES AND PROTECTIVE DEVICES SEPARATING CONSTRUCTION AREAS. PROVIDE TEMPORARY PASSAGES AS REQUIRED. PRIOR TO DELIVERY OF
MATERIALS TO CONSTRUCTION ZONE AND REMOVAL OF WASTE FROM SITE, CHECK WITH] OWNER/ARCHITECT/RESIDENT INSPECTOR] FOR ACCEPTABLE ACCESS ROUTE AND TIME. UNDER NO CIRCUMSTANCES USE AREA OUTSIDE THE CONSTRUCTION ZONE WITHOUT PRIOR CLEARANCE FROM THE [OWNER/ ARCHITECT/ RESIDENT INSPECTOR]. COMPLY WITH REQUIREMENTS AS SPECIFIED IN PROJECT MANUALS.
EXTEND BASE MATERIAL BEHIND ALL MOVABLE EQUIPMENT AND INTO ALL ALCOVES, KNEE SPACES AND SIMILAR AREAS UNLESS NOTED OTHERWISE.
WHEN COUNTERTOP SPLASH IS REQUIRED, EXTEND SPLASH ON SIDES WHERE COUNTER JOINS ADJACENT WALL SURFACE UNLESS NOTED OTHERWISE.
ALL INTERIOR FINISHES SHALL COMPLY WITH CHAPTERS 8 AND 25A, PART 2, TITLE 24, CCR, INCLUDING TABLE 8-A, AND TABLES 25A-251.
PROVIDE BACKING PLATES OR BLOCKING BEHIND ALL WALL MOUNTED EQUIPMENT,
CASEWORK, AND ACCESSORIES AS REQUIRED FOR POSITIVE ATTACHMENT TO STRUCTURE. SEE DETAILS ON A8.0.2.
SEAL ALL PENETRATIONS OF SOUND RATED PARTITIONS, FLOORS OR CEILING
ASSEMBLIES, INCLUDING ELECTRICAL DEVICES, CABINETS AND OTHER ELEMENTS WITH APPROVED RESILIENT SEALANT. SEE AGENCY NOTES FOR PENETRATIONS REQUIREMENTS OF FIRE RATED AND SOUND RATED ASSEMBLIES.
ALL CEILING HEIGHT DIMENSIONS MEASURED TO FINISH SURFACES UNLESS NOTED OTHERWISE.
4. 5.
6. 2.
3. 1.
MISCELLANEOUS FINISH NOTES
ACCESSIBILITY NOTES GENERAL NOTESFIRE AND LIFE SAFETY NOTES
PROVIDE A PORTABLE FIRE EXTINGUISHER WITH A RATING OF NOT LESS THAN 2-A-10BC WITHIN A 75 FOOT TRAVEL DISTANCE TO ALL PORTIONS OF THE BUILDING ON EACH FLOOR.
1. THE FOLLOWING NOTES ARE HEREBY INCORPORATED INTO THE WORK AND SHALL BE IMPLEMENTED AT ALL NEW CONSTRUCTION, REPAIRS, RENOVATIONS OR ADDITIONS.
PROVIDE AND APPROPRIATE NUMBER OF PORTABLE FIRE EXTINGUISHERS WITH A RATING NOT LESS THAN 4A-60BC FOR PROTECTION DURING CONSTRUCTION.
THE CONTRACTOR SHALL PROVIDE AND INSTALL TEMPORARY PEDESTRIAN PROTECTION AS REQUIRED BY LOCAL CODE AND SPECIFICATION.
DO NOT BLOCK EXITS AT ANY TIME. 4.
2. 3.
FIRESAFETY DURING CONSTRUCTION, ALTERATION OR DEMOLITION SHALL BE IN ACCORDANCE WITH 2019 CFC ARTICLE 87.
FIRE SPRINKLER SYSTEM AND AUTOMATIC EXTINGUISHING SYSTEM IS A DEFERRED APPROVAL SYSTEM OF THE WORK. FIRE SPRINKLER SYSTEM SHOWN ON THE
DRAWINGS AND SPECIFIED IN THE PROJECT MANUAL SHALL BE USED AS THE BASIS FOR BIDDING AND PREPARATION OF DEFERRED APPROVAL SHOP DRAWINGS. IT SHALL NOT BE USED FOR CONSTRUCTION. DEFERRED APPROVAL SHOP DRAWINGS
SHALL BE SUBMITTED TO THE CITY OF MONTEBELLO'S FIRE MARSHAL FOR APPROVAL PRIOR TO INSTALLATION. DRAWINGS SHALL BE STAMPED AND SIGNED BY A C-16 CONTRACTOR, LICENSED FIRE PROTECTION ENGINEER, LICENSED MECHANICAL ENGINEER OR LICENSED CIVIL ENGINEER. PROVIDE TESTING IN THE
PRESENCE OF THE ENFORCING AGENCY AT VARIOUS STAGES AND UPON COMPLETION AS SPECIFIED AND AS DIRECTED BY THE ENFORCING AGENCY. THE
ARCHITECT WILL REVIEW SHOP DRAWINGS FOR HEAD TYPE, LOCATION CONFLICT AND SEISMIC RESTRAINT ONLY.
THE AUTOMATIC SPRINKLER SYSTEM SHALL CONFORM TO THE NFPA 13, 1999 ED.
REQUIREMENT OF CHAPTER 9, PART 2, TITLE 24, CCR, CBC STANDARD 9-1 AND THE PROJECT MANUAL.
THE FIRE ALARM SYSTEM SHALL CONFORM TO ARTICLE 760 OF THE CALIFORNIA ELECTRICAL CODE, STANDARDS AS DEFINED IN CHAPTER 35 CALIFORNIA BUILDING CODE AND APPLICABLE NFPA STANDARDS.
THE CONTRACTOR SHALL PROVIDE PROTECTION COMPLYING WITH TITLE 8, CCR, DURING WELDING. FURTHER PROTECTION SHALL BE PROVIDED TO ANY OCCUPANTS
AND THE PUBLIC WITH PORTABLE SOLID VISION BARRICADES AROUND LOCATION WHERE WELDING IS BEING PERFORMED. PROVIDE SIGNS WARNING AGAINST LOOKING AT WELDING WITHOUT PROPER EYE PROTECTION OR EQUIVALENT.
DUCT INSULATION APPLIED TO THE EXTERIOR SURFACE OF DUCTS LOCATED IN BUILDINGS SHALL HAVE A FLAME SPREAD OF NOT MORE THAN 25 AND A SMOKE-DEVELOPED RATING OF NOT MORE THAN 50 WHEN TESTED AS A COMPOSITE
INSTALLATION INCLUDING INSULATION, FACING MATERIALS, TAPES AND ADHESIVES AS NORMALLY APPLIED.
5. 6.
7. 8.
9. 10.
LIST OF APPLICABLE 2022 CALIFORNIA CODE REGULATIONS (C.C.R.) Part 1 2022 California Building Standards Administrative Code, Title 24 C.C.R.
Part 2 2022 California Building Code, Title 24 C.C.R. (2019 International Building code of the International Code Council, Part 3 2022 California Electrical Code, Title 24 C.C.R.
Part 4 2022 California Mechanical Code, Title 24 C.C.R.
Part 5 2022 California Plumbing Code, Title 24 C.C.R. (2019 Uniform Plumbing Code of the IAPMO with 2019 Calif. amendments) Part 6 2022 California Energy Code, Title 24 C.C.R.
Part 7 currently vacant
Part 9 2022 California Fire Code, Title 24 C.C.R. (2019 International Fire Code with 2019 California Amendments) Part 10 2022 California Existing Building Code, Title 24 C.C.R.
Part 11 2022 California Green Building Standards Code(CALGreen Code), Title 24 C.C.R.
Part 12 2022 California Referenced Standards Code, Title 24 C.C.R * PARTIAL LIST OF APPLICABLE STANDARDS:
2019 California Building Code (SFM) Referenced Standards Charter 35 NFPA 13 Automatic Sprinkle Systems (California Amended) Latest Edition NFPA 72 National Fire Alarm & Signaling Code (California Amended) Latest Edition (Note: See UL Standad 1971 for "Visual Devices"
Title 19 CCR, Public Safety, State Fire Marshal Regulations NFPA 14 Standard for the Installation of Standpipe & Hose Systems (CA Amended) Latest Edition NFPA 17 Standard for Dry Chemical Extinguishing Systems Latest Edition NFPA 17A Standard for Wet Chemical Extinguishing Systems Latest Edition NFPA 20 Standard for Installation of Stationary Pumps for Fire Protection Latest Edition NFPA 22 Standard for Water Tanks for Private Fire Protection Latest Edition NFPA 24 Standard for Installation of Private Fire Service Mains and Their Appurtenances (CA amended) Latest Edition NFPA 80 Standard for Fire Doors and other Opening Protectives Latest Edition NFPA 2001 Standard on Clean Agent Fire Extinguishing Systems Latest Edition UL 464 Audible Signaling Devices for Fire Alarm and Signaling Systems Including Accessories Latest Edition UL 521 Standard for Heat Detectors for Fire Protective Signaling Systems Latest Edition UL 1971 Standard for Signaling Devices for the Hearing Impaired Latest Edition (R2010) * See California Building Code Chapter 35 for State of California amendments to the NFPA Standards.
APPLICABLE CODES
with 2022 California amendments)
PLUMBING:
ELECTRICAL:
PLUMBING SYSTEMS WEST
31491 OUTER HIGHWAY 10
REDLANDS, CA 92373
PINNACLE ELECTRICAL
6750 FOSTER BRIDGE BLVD.
BELL GARDENS, CA 90201
(323) 423 - 7077
N
CHAINLINCK
(E) OPEN STORAGE / FUTURE OFFICES
(N) ART GALLERY (N) STORAGE ROOM
HALLWAY
(E) OPEN STORAGE(E) ENTRANCE
(N) CONFERENCE ROOM
HALLWAY
(N) PATH TRAVEL
ROOF OVERHANG
PATH OF TRAVEL
LIST OF APPLICABLE 2022 CODE REGULATIONS
2022 CITY OF MONTEBELLO MUNICIPAL CODE.
THE FOLLOWING ACCESSIBILITY NOTES ARE HEREBY INCORPORATED INTO THE WORK
AND SHALL BE IMPLEMENTED AT ALL NEW CONSTRUCTION, REPAIRS, RENOVATIONS OR ADDITIONS.
"PATH OF TRAVEL (P.O.T.) AS INDICATED IS A BARRIER FREE ACCESS AT LEAST 48 INCH WIDE WITHOUT ANY ABRUPT VERTICAL CHANGES EXCEEDING 12" AT 1:2 MAXIMUM SLOPE, EXCEPT THAT LEVEL CHANGES DO NOT EXCEED 14" VERTICAL. MAXIMUM CROSS-SLOPE 2% TYPICAL AND SLOPE IN THE DIRECTION OF TRAVEL DOES NOT EXCEED 5%, UNLESS OTHERWISE NOTED. THE CONTRACTOR SHALL VERIFY THAT ALL BARRIERS ON THE INDICATED PATH OF TRAVEL HAVE BEEN REMOVED."
PUBLIC WALKS FROM THE BUILDING TO THE PUBLIC WAY AND TO PARKING AREAS DESIGNATED AS ACCESSIBLE SHALL COMPLY WITH CHAPTER 11B, PART 2, TITLE 24, CCR.
PROVIDE WALKS A MINIMUM OF 48 INCHES WIDE AND WITH A GRADIENT NOT GREATER THAN 5% (1:20), WITH NO ABRUPT CHANGES GREATER THAN ½ INCHES IN THE DIRECTION OF TRAVEL.
WALKS WITH LEVEL LANDINGS AT ALL EXTERIOR DOORS COMPLYING WITH CHAPTERS 10 AND 11B, PART 2, TITLE 24, CCR., WITH NOT LESS THAN 60 INCHES x 60 INCHES IN DIMENSION AND WITH MAXIMUM 2% SLOPE.
SURFACE CROSS SLOPE GRADIENT SHALL NOT EXCEED 2 PERCENT PER FOOT AT WALKS AND PATHS WITHIN THE ACCESSIBLE PATH OF TRAVEL.
ACCESSIBLE BUILDING ENTRANCES COMPLYING WITH CHAPTERS 10 AND 11B, PART 2, TITLE 24, CCR., UNLESS SHOWN OTHERWISE.
5. 2.
3. 4.
1. PROVIDE EACH ACCESSIBLE PARKING SPACE A SURFACE APPLIED IDENTIFICATION DUPLICATING THE SYMBOL OF ACCESSIBILITY IN BLUE PAINT, A MINIMUM OF 3 x 3 FEET, AND VISIBLE FROM DRIVE AREA WHEN VEHICLE IS PROPERLY PARKED.
PROVIDE SIGN AT EACH ENTRANCE TO OFF-STREET PARKING WITH ACCESSIBLE PARKING, NOT LESS THAN 17 x 22 INCHES IN SIZE, WITH LETTERING NOT LESS THAN 1 INCH IN HEIGHT CLEARLY AND CONSPICUOUSLY STATING THE FOLLOWING:
IDENTIFY EACH ACCESSIBLE PARKING SPACE WITH A PERMANENTLY AFFIXED REFLECTORIZED SIGN, NO SMALLER THAN 70 SQUARE INCHES, DISPLAYING THE INTERNATIONAL SYMBOL OF ACCESSIBILITY. WHEN LOCATED IN PATH OF TRAVEL, INSTALL BOTTOM OF SIGN AT MIN. 80 INCHES ABOVE FINISHED GRADE. HEIGHT 80 INCHES FROM BOTTOM OF SIGN TO FINISHED GRADE AT PATH OF TRAVEL. SIGN MAY BE CENTERED ON WALL AT THE INTERIOR END OF THE PARKING SPACE FINISHED GRADE. (i)
7. 6.
"UNAUTHORIZED VEHICLES PARKED IN DESIGNATED ACCESSIBLE SPACES NOT
DISPLAYING DISTINGUISHING PLACARDS OR LICENSE PLATES ISSUED FOR PERSONS WITH DISABILITIES MAY BE TOWED AWAY AT OWNER'S EXPENSE. TOWED VEHICLES MAY BE RECLAIMED AT (909) 989-9633."
8. EACH GRADE LEVEL EXTERIOR EXIT DOOR THAT IS REQUIRED, SHALL COMPLY WITH SECTION 1013.1, AND SHALL BE IDENTIFIED BY A TACTILE EXIT SIGN WITH THE WORD "EXIT" CBC 1013.4.1.
9. STATE REQUIREMENTS
AT THE TIME OF PERMIT ISSUANCE, CONTRACTOR SHALL SHOW THEIR VALID WORKERS' COMPENSATION INSURANCE CERTIFICATE.
3. ALL WORK SHALL CONFORM TO ALL REQUIREMENTS OF THE STATE OF CALIFORNIA TITLE 24 REGARDLESS OF THE INFORMATION INDICATED ON THESE PLANS.
IT IS THE RESPONSIBILITY OF THE INDIVIDUAL SUPERVISING THE CONSTRUCTION TO ENSURE
THAT THE WORK IS DONE IN ACCORDANCE WITH THE CODE REQUIREMENTS PRIOR TO
1. STAMP APPROVAL
REQUESTING INSPECTION.
THE ISSUANCE OF THE PERMIT SHALL NOT PREVENT THE BUILDING OFFICIAL FROM
REQUIRING THE CORRECTION OF ERRORS ON THESE PLANS OR FROM PREVENTING
2. ANY VIOLATION OF THE CODES ADOPTED BY THE CITY, RELEVANT LAWS, ORDINANCES, RULES AND/OR REGULATIONS.
4. EXCESS OR CONCRETE WASTE MAY NOT BE WASHED INTO THE PUBLIC WAY OR ANY OTHER DRAINAGE SYSTEM. PROVISIONS SHALL BE MADE TO RETAIN CONCRETE WASTES ON SITE UNTIL THEY CAN BE DISPOSED OF AS SOLID WASTE.
SEDIMENTS AND OTHER MATERIALS MAY NOT BE TRACKED FROM THE SITE BY VEHICLE TRAFFIC. THE CONSTRUCTION ENTRANCE ROADWAYS MUST BE STABILIZED SO AS TO INHIBIT SEDIMENTS FROM BEING DEPOSITED INTO THE PUBLIC WAY. ACCIDENTAL DEPOSITIONS MUST BE SWEPT UP IMMEDIATELY AND MAY NOT BE WASHED DOWN BY RAIN OR OTHER MEANS.
5. STOCKPILES OF EARTH AND OTHER CONSTRUCTION RELATED MATERIALS MUST BE PROTECTED
THE FOLLOWING ACCESSIBILITY NOTES ARE HEREBY INCORPORATED INTO THE WORK
AND SHALL BE IMPLEMENTED AT ALL NEW CONSTRUCTION, REPAIRS, RENOVATIONS OR ADDITIONS.
FROM BEING TRANSPORTED FROM THE SITE BY THE FORCES OF WIND OR WATER,
TRASH AND CONSTRUCTION RELATED SOLID WASTES MUST BE DEPOSITED INTO A COVERED RECEPTACLE TO PREVENT CONTAMINATION OF RAINWATER AND DISPERSAL BY WIND.
FUELS, OILS, SOLVENTS AND OTHER TOXIC MATERIALS MUST BE STORED IN ACCORDANCE WITH THEIR LISTING AND ARE NOT TO CONTAMINATE THE SOIL AND SURFACE WATERS.
6. ALL APPROVED STORAGE CONTAINERS ARE TO BE PROTECTED FROM THE WEATHER.
SPILLS MUST BE CLEANED UP IMMEDIATELY AND DISPOSED OF IN A PROPER MANNER.
SPILLS MAY NOT WASHED INTO THE DRAINAGE SYSTEM.
(E) STORAGE ROOMS
N
1 N.T. S. (E) MONTEBELLO MALL PARKING LOT ANALYSIS
C.C.A.
Drawn by
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10855 BEVERLY DR WHITTIER CA 90601
Tel: (626) 403-9902
:
:
PROPOSED TENANT
IMPROVEMENT STORAGE
FOR:
ALTAMED HEALTH SERVICES
1401 NORTH MONTEBELLO
BLVD, CA 90604
:
Drawing Title
Job Number
ADM
Scale: :
Drawing Number
ARCHITECTPROJECT:
APPROVALS REVISIONS:
Date 07/31/2023 AS SHOWN
ARCHITECTURAL DESIGN MATRIX
A-0.2
CONSULTANTS
PLUMBING:
ELECTRICAL:
MECHANICAL:
CASTILLO ENGINEERING
1205 PINE AVE, STE. 201
LONG BEACH, CA 90813
(562) 682 - 3620
STRUCTURAL:
JER ENGINEERING
15322 S, SAN SIMON LN.
LA MIRADA, CA 90638
(562) 652 - 0400
ENGENIOUS GROUP INC.
898 N. FAIROAKS AVE. STE. E
PASADENA, CA 91030
(62620 696 - 3850
PLUMBING SYSTEMS WEST
31491 OUTER HIGHWAY 10
REDLANDS, CA 92373
PINNACLE ELECTRICAL
6750 FOSTER BRIDGE BLVD.
BELL GARDENS, CA 90201
(323) 423 - 7077
SURVEYOR:
STAMP APPROVALS
(E) GENERAL CENTER
PARKING LOT ANALYSIS
1 A-0.3
+0-56
97'-0" +/-
10'-6"
5'-4"
16"
36"
7'-6"
7'-6"
13'-0"
26'-9" 51'-4" 40'-2" 51'-5" 37'-6" 37'-5" 36'-0" 37'-6" 24'-3"6'-0" 7'-6"
36"
7'-6"
36"
36"
9'-0" 16'-6" 7'-6"
6'-0"
36"
7'-6" 7'-6"
9'-0"
13'-6" 8'-0"
6'-0"
36"
9'-0"
7'-6"
4'-5"
CLR.
5'-0"
6'-0"
12'-0" 13'-6" 13'-6" 12'-0" 13'-6"13'-6"13'-6"12'-0"16'-6" 13'-6" 12'-0" 13'-6" 13'-6" 12'-0" 13'-6" 13'-6" 12'-0" 27'-0" 18'-0"
15'-2"
EXIT (E)
(E) LOADING
(N) ROLL-UP
(E) CONC. FLOOR
DOCK
13'-2" 12'-5"12'-5"12'-5"12'-5"12'-5"11'-9"
VAN
EXISTING PARKING (RE-STRIPPED)(N) PARKING
EXISTING
TRANSFORMER
9'-0" 14'-8"
765321 4
8101112 9
EXISTING
PLANTER
EXISTING
PLANTER
EXISTING
PLANTER
EXISTING
PLANTER
106
EXISTING PARKING (RE-STRIPPED)
P.O.T.
6"6"
6"
(E) GENERAL PARKING LOT
LOWER AND UPPER SITE PLAN.
N
C.C.A.
Drawn by
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G.L
10855 BEVERLY DR WHITTIER CA 90601
Tel: (626) 403-9902
:
:
PROPOSED TENANT
IMPROVEMENT STORAGE
FOR:
ALTAMED HEALTH SERVICES
1401 NORTH MONTEBELLO
BLVD, 2ND. FLR.,
MONTEBELLO, CA 90604
:
Drawing Title
Job Number
ADM
Scale: :
Drawing Number
PROJECT:
Date 06/21/2023 AS SHOWN
ARCHITECTURAL DESIGN MATRIX
A-0.3
CONSULTANTS
PLUMBING:
ELECTRICAL:
MECHANICAL:
CASTILLO ENGINEER
1205 PINE AVE, STE. 201
LONG BEACH, CA 90813
(562) 682 - 3620
STRUCTURAL:
JER ENGINEERING
15322 S, SAN SIMON LN.
LA MIRADA, CA 90638
(562) 652 - 0400
ENGENIOUS GROUP INC.
898 N. FAIROAKS AVE. STE. E
PASADENA, CA 91030
(62620 696 - 3850
PLUMBING SYSTEMS, INC.
31491 OUTER HIGHWAY 10
REDLANDS, CA 92373
PINNACLE ELECTRICAL
6750 FOSTER BRIDGE BLVD.
BELL GARDENS, CA 90201
(323) 423 - 7077
SURVEYOR:
ARCHITECT
1 N.A.
EXTERIOR (E) PARKING AREA 2 1/32" = 1'-0"
1 A-1.1
OFF-STREET PARKING REQUIREMENT ANALYSIS
EXTERIOR (E) UPPER PARKING AREA: 12 SPACES
EXTERIOR (E) LOWER PARKING AREA: 460 SPACES
OCCUPANCY 'B'
TYPE OF USE (MEZZANINE)
TYPE OF USE: OFFICES & SUPPORT SERVICES
OCCUPANCY 'A'
TYPE OF USE: GALLERY
OCCUPANCY 'S'
TYPE OF USE: STORAGE
CODE-REQUIRED PARKING
1 SPACE PER 400 SQ. FT. OF
GROSS FLOOR AREA
1 SPACE PER 35 SQ. FT. OF ASSEMBLY
FLOOR AREA W/OUT FIXED SEATING
1 SPACE PER 1000 SQ. FT. OF
GROSS FLOOR AREA
EXISTING FLOOR AREA
22,503 SQ. FT.
4,172 SQ. FT.
4,199 SQ. FT.
REQUIRED PARKING
SPACES
56 119
4 179 TOTAL REQUIRED
TYPE OF USE (LOWER LEVEL)
OCCUPANCY 'B'
TYPE OF USE: OFFICES & SUPPORT SERVICES
1 SPACE PER 400 SQ. FT. OF
GROSS FLOOR AREA 75,000 SQ. FT. 188
EXISTING LOWER
LEVEL PARKING
460
PROPOSED UPPER
LEVEL PARKING
12 ANALYSIS:
TOTAL NUMBER OF PARKING SPACES
REQUIRED FOR ENTIRE BUILDING: 367
TOTAL NUMBER OF EXISTING PARKING
SPACES AVAILABLE: 472 (460 + 12) 472 < 367
PARKING ANALYSIS
NOTES:
2. THE ALTAMED GALLERY SHALL BE OPEN TO THE PUBLIC ONCE A MONTH,
ON A WEEKEND OR AFTER HOURS WHEN ALTAMED EMPLOYEES ON THE FIRST FLOOR ARE NO LONGER USING THE LOWER PARKING LOT. PROPOSED MEZZANINE USE HAS
MORE THAN ENOUGH PARKING WHEN NOT IN USE CONCURRENTLY WITH FIRST FLOOR ALTAMED EMPLOYEES.
EXISTING FIRST FLOOR AREA: 75,000 SQ. FT.
EXISTING MEZZANINE AREA: 30,000 SQ. FT.
30,000 SQ. FT. TOTAL MEZZANINE AREA:
MIN. # OF ACCESSIBLE
PKG. REQUIREMENT
AT MEZZANINE LEVEL:
# PKG. SPACES
# OF ACCESS
PKG. SPACES:
1 - 25
1 FIRST FLOOR ACCESSIBLE PARKING
WAS UPGRADED UNDER PREVIOUS
PERMIT.
(SEE SHEET A-1.0, FLOOR PLAN, FOR AREA OCCUPANCY DESIGNATION)
1. SEE SHEET A-1.1.2 FOR ENTIRE SHOPPING AREA PARKING ANALYSIS.
STAMP APPROVALS
STORAGE
STORAGESTORAGE
(E)
SERVER
ROOM
STORAGE
(E)
(N)
(E)
STORAGE
(E)
(E)
STORAGE
ROOM
STORAGE
LOBBY MACHINE
ROOM
(E)
ELEVATOR
(E)
(E)
(N) CUSTODIAL EXIT
EXIT
(E) ELECTRICAL PANELS
MACHINE
ROOMFREIGHT
ELEVATOR
(N)
(E) ROOF ACCESS
(E)
(E)
(E)
STORAGE
HALLWAY
99'-3"
123456
E
D
C
B
A
(E) ELECTRICAL ROOM
(E)
(E)
(E)
(N) UNISEX
EXISTING ROOF OVERHANG
14'-6" 6'-6"
EXISTING TRANSFORMER
(E) LOADING DOCK
9'-0"
EXISTING PLANTER
EXISTING PARKING
EXISTING PARKING
AS-MEASURED EXISTING FLOOR PLAN / DEMOLITION PLAN
LEGEND
DEMOLITION NOTES
3/32" = 1'-0"2
1 2 4
3 55
6 REMOVE METAL TRASH COMPACTOR
MECHANISM & ACCESSORIES.1
2 3
REMOVE ROOM STRUCTURE IN ITS ENTIRETY,
INCLUDING CEILING. SEE DEMO. NOTES.
REMOVE CANOPY & CONCRETE SUPPORT,
ELECTRICAL ACCESSORIES.
REMOVE ALL RESTROOM FIXTURES & DOOR
AND STORE FOR FUTURE REUSE PER OAR
INSTRUCTIONS.
5 6
EXISTING AC UPRIGHT DUCTWORK TO
REMAIN.
EXISTING ELECTRICAL ROOM AND
EQUIPMENT TO REMAIN UNTIL FURTHER
INSTRUCTIONS BY OAR.
4 1. GENERAL:
1.1. DO NOT COMMENCE DEMOLITION UNTIL SAFETY PARTITIONS, BARRICADES, WARNING SIGNS AND OTHER FORMS OF PROTECTION ARE INSTALLED.
1.2. PROVIDE SAFEGUARDS, INCLUDING WARNING SIGNS, LIGHTS, AND BARRICADES FOR PROTECTION OF WORKERS, OCCUPANTS AND THE PUBLIC.
1.3. IF SAFETY OF EXISTING CONSTRUCTION APPEARS TO BE ENDANGERED, TAKE IMMEDIATE MEASURES TO CORRECT SUCH CONDITIONS; CEASE OPERATIONS AND IMMEDIATELY NOTIFY THE OAR.
2. DEMOLITION:
2.1. DO NOT THROW OR DROP MATERIALS. FURNISH RAMPS OR SHUTES AS REQUIRED BY THE WORK.
2.2. REMOVE EXISTING CONSTRUCTION ONLY TO THE EXTENT NECESSARY FOR
PROPER INSTALLATION OF WORK AND INTERFACING WITH EXISTING CONSTRUCTION. CUT BACK FINISHED SURFACES TO STRAIGHT, PLUMB OR LEVEL LINES AS REQUIRED FOR A SMOOTH TRANSITION.
2.3. WERE OPENINGS ARE CUT OVERSIZE OR IN IMPROPER LOCATIONS, REPLACE OR REPAIR TO REQUIRED CONDITION.
3. CUTTING EXISTING CONCRETE:
3.1. CUTTING OF CONCRETE SHALL BE PERFORMED BY SKILLED WORKERS FAMILIAR WITH THE REQUIREMENTS AND SPACE NECESSARY FOR PLACING CONCRETE.
PERFORM CONCRETE CUTTING WITH CONCRETE CUTTING WHEELS AND HAND CHISELS. DO NOT DAMAGE CONCRETE INTENDED TO STAY.
3.2. EXTENT OF CUTTING OF STRUCTURAL CONCRETE SHALL BE AS INDICATED ON DRAWINGS. CUTTING OF NON-STRUCTURAL CONCRETE SHALL BE AS INDICATED
ON DRAWINGS OR AS REVIEWED BY THE ARCHITECT OR STRUCTURAL ENGINEER. REPLACE CONCRETE DEMOLISHED IN EXCESS OF AMOUNTS INDICATED.
3.3. WHERE OPENINGS ARE CUT OVERSIZE OR IN IMPROPER LOCATIONS, REPLACE OR REPAIR TO REQUIRED CONDITION.
4. REMOVAL OF EXISTING PLUMBING & ELECTRICAL EQUIPMENT AND SERVICES:
4.1. REMOVE EXISTING PLUMBING AND ELECTRICAL EQUIPMENT FIXTURES AND
SERVICES NOT INDICATED FOR REUSE AND NOT NECESSARY FOR COMPLETION OF THE WORK. REMOVE ABANDONED LINES AND CAP UNUSED PORTIONS OF EXISTING LINES.
5. REMOVAL OF OTHER MATERIALS:
5.1. ROOFING: REMOVE AS REQUIRED, INCLUDING ACCESSORY COMPONENTS SUCH AS INSULATION AND FLASHINGS.
5.2. SHEET METAL: REMOVE BACK TO JOINT, LAP OR CONNECTION. SECURE LOOSE AND UNFASTENED ENDS OR EDGES AND PROVIDE A WATERTIGHT CONDITION.
RE-SEAL AS REQUIRED.
5.3. GLASS: REMOVE BROKEN OR DAMAGED GLASS AND CLEAN REBATES AND STOPS OF GLAZING CHANNELS.
5.4. MODULAR MATERIALS SUCH AS ACOUSTICAL CEILING PANELS, RESILIENT TILE, OR CERAMIC TILE: REMOVE TO A NATURAL JOINT WITHOUT LEAVING DAMAGED OR DEFECTIVE WORK WHERE JOINING NEW WORK. AFTER FLOORING REMOVAL, CLEAN SUBSTRATES TO REMOVE SETTING MATERIALS AND ADHESIVES.
5.5. GYPSUM BOARD: REMOVE TO A PANEL LINE ON A STUD OR SUPPORT LINE.
5.6. REMOVE EXISTING IMPROVEMENTS NOT SPECIFICALLY INDICATED OR REQUIRED BUT NECESSARY TO PERFORM WORK. CUT TO CLEAN LINES, ALLOWING FOR INSTALLATION OF WORK.
6. PATCHING:
6.1. PATCH OR REPAIR MATERIALS TO REMAIN WHEN DAMAGED BY THE PERFORMANCE OF THE WORK OF DEMOLITION. FINISH MATERIAL AND APPEARANCE OF PATCH AND/OR REPAIR WORK SHALL MATCH EXISTING.
7. CLEANING:
7.1. CLEAN EXISTING MATERIALS TO REMAIN WITH APPROPRIATE TOOLS AND EQUIPMENT.
7.2. PROTECT EXISTING IMPROVEMENTS DURING CLEANING OPERATIONS.
7.3. DEBRIS PICK UP AREA SHALL BE KEPT BROOM-CLEAN AND WASHED DAILY WITH CLEAN WATER.
7.4. REMOVE WASTE AND DEBRIS , OTHER THAN THE ITEMS TO BE SALVAGED.
7.5. TURN SALVAGED ITEMS TO OWNER, OR STORE FOR REUSE WHERE REQUIRED.
CONTINUOUSLY CLEAN UP AND REMOVE ITEMS AS DEMOLITION WORK PROGRESSES.
7.1. REMOVE RUBBISH, DEBRIS, AND WASTE MATERIALS AND LEGALLY DISPOSE OF OFF THE PROJECT SITE.
7 CUT A 6'-6" x 7'-8" OPENING IN STUD WALL
AND INSTALL A 4x8 HEADER.7
C.C.A.
Drawn by
Checked by
G.L
10855 BEVERLY DR WHITTIER CA 90601
Tel: (626) 403-9902
:
E - mail: c c a @ a d m a r c h i t e c t s. u s
:
DEMOLITION PLAN &
D-1.0
PROPOSED TENANT
IMPROVEMENT OF STORAGE
FOR:
ALTAMED HEALTH SERVICES
1401 NORTH MONTEBELLO
BLVD, 2ND FLR.
MONTEBELLO, CA 90604
: Drawing Title
Job Number :
ADM
Scale: :
Drawing Number
ARCHITECT
PROJECT:
STAMP APPROVAL
REVISIONS:
Date 12/17/2022 AS SHOWN
ARCHITECTURAL DESIGN MATRIX
N
1 REMOVE DOOR & INFILL OPENING TO MATCH
REMOVE 3"-0" X 7'-0' DR. INCREASE HT TO 8'-O".
INSTALL NEW 3'-0" x 8'0" DOOR
CONSULTANTS
PLUMBING:
ELECTRICAL:
MECHANICAL:
CASTILLO ENGINEERING
1205 PINE AVE, STE. 201
LONG BEACH, CA 90813
(562) 682 - 3620
STRUCTURAL:
JER ENGINEERING
15322 S, SAN SIMON LN.
LA MIRADA, CA 90638
(562) 652 - 0400
ENGENIOUS GROUP INC.
898 N. FAIROAKS AVE. STE. E
PASADENA, CA 91030
(62620 696 - 3850
PLUMBING SYSTEMS WEST
31491 OUTER HIGHWAY 10
REDLANDS, CA 92373
PINNACLE ELECTRICAL
6750 FOSTER BRIDGE BLVD.
BELL GARDENS, CA 90201
(323) 423 - 7077
SURVEYOR:
CUT 6" x 8" CONCRETE CURB & GRIND
CURB-FREE AREA TO RECEIVE RE-ASPHALT
TO MATCH.
8 REMOVE CORRUGATED PANEL AT CEILING.9
REMOVE ALL CEILING BATT INSULATION
WITHIN PROJECT AREA AND CAP GRAVITY
VENTS AT CEILING WITHIN STORAGE AREAS
ONLY.
10 8
9 10
1112
11 12
REMOVE WATER HEATER AND FLOOR SINK
AND CAP REMAINING WATER PIPES AND
DRAIN.
REMOVE +36" CHAIN-LINK BARRICADE; GRIND
SMOOTH CONCRETE AT CONNECTIONS.
NOTES
13 14
14 13
14 15
REMOVE WALL FOR NEW 3' x 7'.15
16 16
16 16
16 VERIFY EXISTING RATING OF WALL TO BE OF 1-HOUR CONSTRUCTION.
IF NOT OF 1-HOUR CONST., REMOVE DRYWALL IF LESS THAT 5
8" THICKNESS
AND/OR ADD DRYWALL TO CONFORM WITH 1-HR. RATING PER DETAIL 2, SHEET A-3.0.
16
DN
TV
STORAGE
STORAGESTORAGE
(E)
SERVER
ROOM
STORAGE
(E)
(E)
OFFICE
(E)
(E)
STORAGE
ROOM
STORAGE
LOBBY
MACHINE
ROOM
(E)
ELEVATOR
(E)
(E)
(N) CUSTODIALEXIT
EXIT
(E) ELECTRICAL ROOM
MACHINE
ROOM
FREIGHT
ELEVATOR
(E)
(E)
(E)
STORAGE
HALLWAY
123456
E
D
C
B
A
(E) ELECTRICAL
(E)
(E) UNISEX
(E) ROOF OVERHANG
6'-0"
10'-10"4'-1"5'-7" 24'-6"
(N) CONFERENCE ROOM
WORKROOM
(E) LOADING
(N) ROLL-UP
HUMIDIFIER
38'-0" 23'-5"
52'-0"
EXIT
EXIT
EXIT
(N) PANTRY
21'-3"
(N) ROLL-UP
(N) LOUNGE
60"
4'-4"
15'-2"
7'-4"
52'-1"
12'-6"
14'-8"
13'-6" 9'-9"
23'-0"
11'-0"1'-0"11'-5"4'-1"
(E) STAIR
(E) 10 FT CHAINLINK GATE DOCK
17'-1"
9'-0"8'-6" 8'-6" 8'-6" 8'-6" 8'-6" 8'-0"
VAN
EXISTING PARKING (RE-STRIPPED)(N) PARKING
(N) C.M.U.
8'-7" 8'-6" 8'-6" 8'-6" 8'-6"
15'-0"
(E)ROOF
ACCESS
38'-3"
11'-10"47'-9"
(N)CONCRETE
INFILL-SLAB
ALIGN W/ EXIST.
DOCK T.O.S.
23'-0"12'-0"
19'-6"
23'-11"
9'-0"10'-0"
18'-3"
7'-4"
7 6 5 3 2 14
8 10 11 129
EXISTING
PLANTER
EXISTING
PLANTER
EXISTING
PLANTER
DEVICES
22'-8"22'-5"
101 102
105104
106 107
108
109
115
WOMEN
RESTROOM
MEN
RESTROOM
113
106
HALL
110
FOYER
HALLWAY
103
(E)(E)
(E)
W.H.
(E)
(E)
FUTURE OFFICE AREA
6'-0"
12'-0"
EQ.EQ.EQ.EQ.EQ.EQ.EQ.
25'-2" 12'-0"
W016W016W015
(E)
(E)
(E)
(E)
(E)
(E)
(E)
(E)
(E)
(E)
(E)
EQ.EQ.EQ.EQ.EQ.
(N) CLOSET
4'-0"
4"
4'-0"4'-0"
1'-6"
4'-8"
(E)PIPE
EXISTING PARKING (RE-STRIPPED)
(N) GALLERY
(N)
(E)
ROOM
WORKROOM(N)
24'-6"
12'-6"
88'-3"
ENCLOSURE
227'-8"
100'-0"
30'-7"
33'-11"
N.I.C.
18'
(E)TRANSFORMER
101 101
18'
EXIT
14'-0"
3'-8"
0'-7"
ART RACKS
(N) STORAGE
ART RACKS
(N) STORAGE
ART RACKS
(N) STORAGE
ART RACKS
(N) STORAGE
116
112
(N) STORAGE ROOM
(E) TROUGH DRAIN
N.I.C.
21'-9"
4'-3"4'-3"4'-3"4'-3"4'-3"4'-3"4'-3"4'-3"4'-3"4'-3"
4'-5"
W015
(N) CONT. S.S.
COUNTER
21'-9"
5'-8"3'-0"13'-9"
8'-0"
20'-0"
6'-6"4'-1"
(E) ENTRANCE
LOBBY
13'-2"
5'-5"
14'-8"
3'-11"
12"
10'-0"
1'-1"
3'-11"
0'-6"
6'-5"4'-0"3'-0"
4'-0"
36"
4'-1"
4'-0"
4'-0"
12"
10'-10"
14"3'-0"
TRASH
21" 6'-2"
12'-5" 24'-1"
5'-5"
6'-8"
6'-7"
19"
4'-11"
4'-2"
6'-2"
2'-7"
3'-8"5'-7"
12"
15'-5"12"7'-2"
4'-11"
104.2
104.2
101101
102102104
104.1
101
103
105
101
101
107
106
101.1
101
101.1
28'-1"
104.2
5'-0"
5'-0"
BRACKET, TYP.
HALLWAY
103
107.1
108
(N) METAL AWNING
4"
4"(N) WHEELCHAIR LIFT
63'-6"
+8'-0" OPENING
+8'-0" OPENING
ART RACKS
(N) STORAGE
ART RACKS
(N) STORAGE
15'-0"
6'-3"10'-0"6'-3"
10'-10"
10'-10"
0'-9"
3'-0"
5'-5"
14"
41'-0"
304'-0"
S OCCUPANCY
5,683 SQ. FT.
B OCCUPANCY
874 SQ. FT.
22'-5"
A-3 OCCUPANCY
3,302 SQ. FT.
(E) STORAGE AREA
S OCCUPANCY
7'-5"
(E) PARTITION TO REMAIN
LEGEND
(N) PARTITION
(N) GLASS PARTITION
(E) COLUMNS GRID
(E) OVERHANG OR SOFFIT
AREA NOT IN PROJECT
W01
101
WINDOWS NUMBER & QTY.
WALL TYPE
DOOR TYPE
ELEVATION
(N) 10'-0" HIGH PARTITION
6 C.C.A.
Drawn by
Checked by
G.L
10855 BEVERLY DR WHITTIER CA 90601
Tel: (626) 403-9902
:
E - mail: c c a @ a d m a r c h i t e c t s. u s
:
PROPOSED FLOOR PLAN
A-1.0
PROPOSED TENANT
IMPROVEMENT OF STORAGE
FOR:
ALTAMED HEALTH SERVICES
1401 NORTH MONTEBELLO
BLVD, CA 90604
: Drawing Title
Job Number :
ADM
Scale: :
Drawing Number
ARCHITECT
PROJECT:
REVISIONS:
Date 12/17/2022 AS SHOWN
ARCHITECTURAL DESIGN MATRIX
1 A-1.1
N
2 1
PROPOSED GENERAL FLOOR PLAN1 1/8" = 1'-0"
2REMOVE DOOR & INFILL OPENING TO MATCH
1REMOVE 3"-0" X 7'-0' DR. INCREASE HT TO 8'-O". INSTALL NEW 3'-0" x 8'0" DOOR F
3 A-3.0
B
B
D
D
G
G
H
SIMG SIMF
C
C
I
C
SIMB
B
3 A-2.0
3 A-2.0
4 A-2.0
1 A-2.0
3 A4-0
11 A-4.0
8 A-4.0
NOTES
4 A-2.03
A-2.0
4A-2.0
B
B
SIM
B
B
B
B
B B
A A
A A
A
F
F
C
D
A
G G
B
A
A
SIM
II
B
G
CONSULTANTS
PLUMBING:
ELECTRICAL:
MECHANICAL:
CASTILLO ENGINEERING
1205 PINE AVE, STE. 201
LONG BEACH, CA 90813
(562) 682 - 3620
STRUCTURAL:
JER ENGINEERING
15322 S, SAN SIMON LN.
LA MIRADA, CA 90638
(562) 652 - 0400
ENGENIOUS GROUP INC.
898 N. FAIROAKS AVE. STE. E
PASADENA, CA 91030
(62620 696 - 3850
PLUMBING SYSTEMS WEST
31491 OUTER HIGHWAY 10
REDLANDS, CA 92373
PINNACLE ELECTRICAL
6750 FOSTER BRIDGE BLVD.
BELL GARDENS, CA 90201
(323) 423 - 7077
SURVEYOR:
EXISTING NORTH ELECTRICAL ROOM NOTES:
MS-1.0
1CITY REQ. FOR CUP 06-20-23
STAMP APPROVAL
3'-6"
TYP.
8'-0"
TO STRUCTURAL CEILING, TYP.
VARIES
1-HR. STOREFRONT
BY 'ALUFLAM', TYP.
(SEE SPECS)
STORAGE STORAGE STORAGE
NICHENICHE
HUMIDIFIER DIVICEGENERAL OFFICE
FRY-REGLET DRM-625-50 REVEAL, TYP.
13'-0"
GALLERY ENTRANCE
STOREFRONT WINDOW 1-HR. STOREFRONT DOUBLE DOOR (DD-AA)
BY 'ALUFLAM' (SEE SPECS)
1-HR. STOREFRONT
BY 'ALUFLAM', TYP.
(SEE SPECS)
1-HR. GLAZED OVERHEAD
DOOR 'RED-BARN - 18346'
BY 'RENLITA'
(SEE SPECS)
10'-0"
4"
8'-0"
CLOSETPANTRY
3'-0"
8'-0"
4'-0"
4'-0"
OPEN
15'-0"
TO RESTROOMS
ROLL-UP WINDOW
EXIT DOORS WORKROOMSLECTURE ROOM LOUNGE
FRY-REGLET DRM-625-50 REVEAL, TYP.
1-HR. STOREFRONT SINGLE DOORS (SD)
BY 'ALUFLAM' (SEE SPECS), TYP.
1-HR. STOREFRONT SINGLE DOORS (SD)
BY 'ALUFLAM' (SEE SPECS), TYP.
3'-0"
3'-0" 5'-0"
8'-0"
NICHENICHE
10'-0"
10'-4"
1-HR. GLAZED OVERHEAD
DOOR 'RED-BARN - 18346'
BY 'RENLITA'
(SEE SPECS)
10'-0"
4"
8'-0"
14'-0"
3'-6"
1-HR. STOREFRONT SINGLE DOORS (SD)
BY 'ALUFLAM' (SEE SPECS), TYP.
4"
8'-0"
CLOSETPANTRY
OPEN
OPEN
4"
2'-6"
10'-0"
2'-0"
2'-10" 4"
4'-6" 2'-6"
SECTION
8'-0"
2'-10"
OPEN
1'-6"
4'-1"
5 A-3.0
3/16" = 1'-0"4
MAIN 1-HOUR HALLWAY - WEST ELEVATION1/4" = 1'-0"3
CONFERENCE ROOM SOUTH ELEVATION3/8" = 1'-0"
PRINCIPAL STORAGE ENTRANCE (1-HR. ASSEMBLY)3/8" = 1'-0"2 5 CONFERENCE ROOM OPEN WET-BAR ELEV.3/8" = 1'-0" 7 CONFERENCE ROOM NORTH ELEVATON3/8" = 1'-0" 3/8" = 1'-0"6
MAIN 1-HOUR HALLWAY - EAST ELEVATION
3/8" = 1'-0"8LOUNGE EAST ELEVATION LOUNGE WEST ELEVATION C.C.A.
Drawn by
Checked by
G.L
10855 BEVERLY DR WHITTIER CA 90601
Tel: (626) 403-9902
:
:
INTERIOR ELEVATIONS
PROPOSED TENANT
IMPROVEMENT STORAGE
FOR:
ALTAMED HEALTH SERVICES
1401 NORTH MONTEBELLO
BLVD, CA 90604
:
Drawing Title
Job Number
ADM
Scale: :
Drawing Number
ARCHITECT
PROJECT:
REVISIONS:
Date 06/20/2023 AS SHOWN
ARCHITECTURAL DESIGN MATRIX
1 A-2.0
CONSULTANTS
PLUMBING:
ELECTRICAL:
MECHANICAL:
CASTILLO ENGINEERING
1205 PINE AVE, STE. 201
LONG BEACH, CA 90813
(562) 682 - 3620
STRUCTURAL:
JER ENGINEERING
15322 S, SAN SIMON LN.
LA MIRADA, CA 90638
(562) 652 - 0400
ENGENIOUS GROUP INC.
898 N. FAIROAKS AVE. STE. E
PASADENA, CA 91030
(62620 696 - 3850
PLUMBING SYSTEMS WEST
31491 OUTER HIGHWAY 10
REDLANDS, CA 92373
PINNACLE ELECTRICAL
6750 FOSTER BRIDGE BLVD.
BELL GARDENS, CA 90201
(323) 423 - 7077
SURVEYOR:
OMIT
STAMP APPROVAL
1 1/2"
6" 16 GA. UNPUNCHED TRACKS,
1 1/2" FLANGE, CONTINUOUS TO
FULL LENGTH OF CABINET
CUT FLANGE AT STUDS
3 x # 8" x 1" F. H. SELF - TAPPING
SCREWS TO EA. STUD
4" x 16" MTL. STUDS
@ 16" O. C.
STRUCTURE
ABOVE
GYP. BD. OR ACOUST.
CEILING LINE
WALL CABINET
VERIFY HT. W/ INT. ELEV.
ALL CABINETS ANCHORED
TO 6" BACK SUPPORT W/
#10 x 2 1/2" PAN HEAD SELF-
TAPPING SCREWS @ 12" 0.C.
FOR TALL STANDING
CABINETS @ 16" O.C.
16 GA.
MET. STUD WALL
@ CABINET
5/8" TYPE "x" GYP.
BASE CABINET VERIFY
HT. W / INT. ELEVATIONS
NOTE: SUBSTITUTE PAN HEAD
SCREWS FOR TRUSS HEAD
SCREWS AT CABINETS ANCHOR
TO BACK SUPPORT (TYP)
TOP OF WALL
CABINET
C OF 6" BACK
SUPPORT TYP.
6" BACK
SUPPORT
BOT. OF WALL
CABINET
14 GA TRACK, TYP.
L
1 -
2"2"2 1/2"7"
TOP OF
BASE CAB.
FIN. FLOOR
14 GA TRACK WITH
2" FLGS., TYP.
1/81-16
STUD LINE
GYP. BD.
6" x 16" GA. STL
TRACK BACKING
2 - 3" - # 12 F. H. W. S.
EQUALLY SPACED C. T. S. K.
CABINET BACK
54"
TO FINISH FLOOR
NOTE: 6" x 16 GA. STL TRACK BACKING
ATTACHMENT IS TYPICAL
ALSO FOR INSTALLATION
OF LOCKERS, MOP RACKS,
BOOKCASES AND OTHER WALL
ATTACHMENT, U. O. N.
3 TYP. BACK SUPPORT @ CABINETSNO SCALE
TYP. PARTITION TYPES1 1/2" = 1'-0"
R - 13 BATT INSL.
SEE FINISH
SCHEDULE
TOP OF CONC. SLAB
TOP OF CONC. SLAB
2 LAYERS 5/8" SHEETROCK
GYP. BD., TYPE SCX
1/2" TEKTRIM 'SHADOW'
ANOD. 4" ALUM. BASE, TYP.
TYPE - A
5/8" TYPE 'X' GYP. BD.
TYPE - B - UL U419: 1 HOUR
TYPE - C
7/8" METAL FURRING
CHANNELS @ 16" O.C.
(E) PLYWOOD SHTHG. ON 2 x 6
SAFING MATERIAL
BETWEEN FLUTES
THERMAFIBER
3.2 PCF.
SAFING MATERIAL
BETWEEN FLUTES
THERMAFIBER
3.2 PCF.
SUSP. ACOUSTIC
'FELTWORKS' BAFFLES
SEE REF. CLG. PLAN
BRIDGING, TYP.
4" x 18 GA MTL.
STUDS AT 16" O.C.
@ 16" O.C. WOOD EXT. PARTITION
1/2" TEKTRIM 'SHADOW'
ANOD. 4" ALUM. BASE, TYP.
5/8"TYPE 'X' GYP. BD.
TOP OF CONC. SLAB
R - 13 BATT INSL.
4" x 18 GA MTL.
STUDS AT 16" O.C.
TYPE - D
TYPE - F
SUSP. ACOUSTIC
TILE CEILING
(E) STRUCTURAL CEILING
5/8" TYPE 'X' GYP. BD.
4" x 18 GA MTL.
STUDS AT 16" O.C.
R - 13 BATT INSL.
PARALLEL USA-20,
TOP OF CONC. SLAB
TYPE - G
R - 13 BATT INSL.
PARALLEL USA-20
1/2" TEKTRIM 'SHADOW'
ANOD. 4" ALUM. BASE, TYP.
4" x 18 GA MTL.
STUDS AT 16" O.C.
4" x 18 GA MTL.
BRIDGING TO AVOID
SLIDING DOORS, TYP.
TYPE - H
(E) STRUCTURAL CEILING
5/8"TYPE 'X' GYP. BD.
(E) PLYWOOD SHTHG.
4" x 18 GA MTL.
STUDS AT 16" O.C.
1/2" TEKTRIM 'SHADOW'
ANOD. 4" ALUM. BASE, TYP.
4" x 18 GA MTL.
BRIDGING
4" x 18 GA MTL.
BRIDGING TO AVOID(E) 2 x 6 @ 16" O.C.
WD. PARTITION
TYPE - I
TOP OF CONC. SLAB
1/2" TEKTRIM 'SHADOW'
ANOD. 4" ALUM. BASE, TYP.
VC FLOORING
PARALLEL USA-20
VC FLOORING
WHERE OCCURS
R - 13 BATT INSL.
FRY REGLET FRAME HANGER
DRMH50 (SEE INT. ELEV.)
1/2" TEKTRIM 'SHADOW'
ANOD. 4" ALUM. BASE, TYP.
BRIDGING, TYP.
4" x 18 GA MTL.
STUDS AT 16" O.C.
TYPE - J
TYPICAL WALL ANCHORING @ CABINETS4 1" = 1'-0"
5 NO SCALE
ATTACHMENT OF CAB. TO METAL STUD PARTITION2 NO SCALE
6 NO SCALE
SERVING WINDOW HEAD
20 GA STAINLESS
STEEL HOUSING
S.S FRAME
16 GA CONTINUOUS
S.S. SHELF RAISED
LOUNGE SIDE HALL SIDE
SERVING WINDOW JAMB
EDGES @ END
3/16" x 1/4" FLAT S.S. BRACKET
JOINTS WELDED & POLISHED.
2 BRACKETS EA. SHELF SIDE.
6" x 16 GA STL.
TRACK BACKING
2 1/4" x 2 1/4" S.S.
SCREWS @ EA. BRACKET
S.S CURTAIN
SPACER REQ'D
@ GYP. BD. WALL
1/4" THK. CERAMIC TILE
CHANNELS @ 16" O.C.
CABINETS, SE INT. ELEV.
(E) EXTERIOR CONC.
7/8" METAL FURRING
CHANNELS @ 16" O.C.
5/8"TYPE 'X' GYP. BD.
PARTITION
1/2" TEKTRIM 'SHADOW'
ANOD. 4" ALUM. BASE, TYP.
CERAMIC
TILE
CERAMIC
TILE
R - 13 BATT INSL.
C.C.A.
Drawn by
Checked by
G.L
10855 BEVERLY DR WHITTIER CA 90601
Tel: (626) 403-9902
:
:
WALL TYPE DETAILS
PROPOSED TENANT
IMPROVEMENT STORAGE
FOR:
ALTAMED HEALTH SERVICES
1401 NORTH MONTEBELLO
BLVD, CA 90604
:
Drawing Title
Job Number
ADM
Scale: :
Drawing Number
ARCHITECT
PROJECT:
REVISIONS:
Date 12/08/2022 AS SHOWN
ARCHITECTURAL DESIGN MATRIX
1 A-3.0
1 1/2" = 1'-0"1
1 1/2" = 1'-0"1
CONSULTANTS
GEORGE CASTILLO, S.E.
PLUMBING:
ELECTRICAL:
MECHANICAL:
CIVIL:
CASTILLO ENGINEER
1205 PINE AVE, STE. 201
LONG BEACH, CA 90813
(562) 682 - 3620
STRUCTURAL:
JOSE ERNESTO ROBLEDO
JER ENGINEERING
MARGARITO CASTILLO, S.E
15322 S, SAN SIMON LN.
LA MIRADA, CA 90638
(562) 652 - 0400
MIKE GRAHAM
ENGENIOUS GROUP INC.
898 N. FAIROAKS AVE. STE. E
PASADENA, CA 91030
(62620 696 - 3850
PLUMBING SYSTEMS, INC.
31491 OUTER HIGHWAY 10
REDLANDS, CA 92373
ENNIS CHAVEZ
PINNACLE ELECTRICAL
6750 FOSTER BRIDGE BLVD.
BELL GARDENS, CA 90201
(323) 423 - 7077
STAMP APPROVAL
Notice of CEQA Exemption
City of Montebello 1
To:
County of Los Angeles
Registrar-Recorder/County Clerk
12400 Imperial Highway
Norwalk, CA 90650
From:
City of Montebello
Planning & Community Development Department
1600 W. Beverly Blvd.
Montebello, CA 90640
Lead Agency: City of Montebello, Planning and Community Development Department Project Title: Development Agreement
Project Location: 1401 North Montebello Boulevard, Montebello, CA 90640 Case Number(s): Development Agreement No. 03-24 (Agreement No. 4417) & ENV No. 13-25
Description of Nature, Purpose, and Beneficiaries of Project: An ordinance approving Development Agreement No. 03- 24 (Agreement No. 4417) between the City of Montebello and AltaMed Health Services Corporation (“AltaMed”). The Development Agreement is associated with Conditional Use Permit No. PC-2024-0012-CUP, which authorizes AltaMed to establish and operate a private art gallery, along with related accessory uses, on the second floor of an existing commercial unit within the Montebello Town Square shopping center located at 1401 North Montebello Boulevard, Montebello, CA 90640.
Name of the Public Agency Approving the Project: City of Montebello Name of Person or Agency Carrying Out the Project: AltaMed Health Services Corporation, Luzmaria Chavez
Exempt Status (check one)
Ministerial (Sec. 21080(b)(1); 15268(b)(3))
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Categorical Exemption. State type and section number:
Statutory Exemptions. State code number: 15061(b)(3)
Justification for Project Exemption:
Pursuant to the provisions of the California Environmental Quality Act (CEQA), the proposed Ordinance approving Development Agreement No. 03-24 (Agreement No. 4417) qualifies for a statutory exemption under CEQA Guidelines Section 15061(b)(3) - Common Sense Exemption. This exemption applies to projects 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.
Since the adoption of an ordinance approving a Development Agreement does not, in itself, result in any physical changes to the environment or authorize any specific development activity, it can be determined with certainty that the proposed action will not have a significant environmental impact. Therefore, this activity is not subject to CEQA.
Lead Agency Contact Person: Joseph A. Palombi, Director of Planning & Community Development Area Code/Telephone/Extension: (323) 887-1200
If filed by applicant, attach certified document issued by the Planning and Community Development Department stating that the Department has found the project to be exempt.
Signature: ____________________________ Date: ______________ Title: _______________________
Signed by Lead Agency Signed by Applicant
ATTACHMENT D
ATTACHMENT E
October 2, 2025
Montebello
Planning Commission
Montebello City Council
1600 W. Beverly Blvd.
Montebello, CA 90640
RE: Support for Agenda Item 2 - Approval of AltaMed's The Alta project Dear Honorable Planning Commissioners and City Councilmembers, On behalf of AltaMed Health Services (AltaMed), we want to begin by expressing our gratitude to the City of Montebello for your commitment to arts and culture, especially in this moment in history. Your leadership in uplifting art and cultural programs has created a strong foundation for creative projects that celebrate our community diversity and power to flourish. It is with this same commitment that AltaMed has advanced The Alta project, a dedicated art space in Montebello that will preserve, showcase, and celebrate Chicano and Latino art while providing opportunities for community workshops, exhibitions, and education. We are respectfully asking for your approval of all permits needed to open The Alta and bring this art space to life.
For over fifty years, AltaMed has proudly served Southern California, not only as a healthcare provider but also as an advocate, standing up for the wellbeing and power of our communities.
Founded in 1969 in East Los Angeles, AltaMed was built on the principle of caring for underserved families with dignity and respect. Over the years, we have discovered a connection between art and healing, to support overall wellness and mental health. This belief led us to cultivate the AltaMed Art Collection, a collection of thousands of Chicano, Latino, and Latin American artworks that not only capture our history, but reflect the communities that we serve.
We proudly display artworks from this collection across our clinics and community sites to create uplifting environments. We also engage with local artists to teach classes to patients, and are working to grow our arts programming within our model of care. Through these efforts, AltaMed has seen firsthand how art heals while also building empathy, preserving our cultural heritage, and inspiring hope.
Montebello already has a vibrant history of art and public culture that highlights how much this community values creative expression. Downtown Montebello hosts the monthly Montebello Artwalk. The Armenian Genocide Martyrs Monument in Bicknell Park stands as both memorial and art piece, a landmark that draws together community memory and identity. More recently, the city has taken creative steps to enhance public space, for example approving a new traffic signal and scramble crosswalk at a busy intersection, adding design and safety to pedestrian
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movement in a visually meaningful way. These and other murals, cultural festivals and community monuments already serve to unite residents and sustain heritage. Our project aligns with the City’s cultural investments to date and is a natural next step that will help deepen our roots in Montebello. We are fully committed to making it a source of pride and public benefit for all Montebello residents.
The Alta Project is far more than an art storage facility. The space will offer a dedicated space for gallery exhibitions, arts workshops, and storage of cultural artworks that would otherwise lack a permanent home. In recent months, Montebello families have endured heightened fear as Immigration and Customs Enforcement (ICE) raids have taken place in and around our neighborhoods. These actions create uncertainty, disrupt families, and instill a climate of silence and hopelessness. In moments like this, art becomes more than artistic expression, it becomes a necessary outlet and safe space for healing and hope. Where community members can gather, find strength in cultural pride, and use artistic expression as a way to process fear, affirm identity, and resist erasure. The City’s support of this project at this moment sends a clear message that Montebello cherishes its diverse heritage and will protect it even amid adversity.
We greatly appreciate the City’s thoughtful consideration of the Alta Project throughout the planning process. Montebello’s final “yes” to The Alta project will demonstrate the City’s continued commitment to fostering an inclusive, cultural community where everyone, from longtime residents to the youngest generation, can see their heritage honored and their creativity nurtured. We are confident that with your approval, The Alta project will become a shining example of how public-private partnership in the arts can strengthen the community. We respectfully urge you to grant the permit approvals needed to make this transformative project a reality.
Thank you once again for your leadership to support arts and culture, and for working with us so diligently throughout this process. Together, let us move forward to celebrate and preserve the vibrant cultural tapestry that makes Montebello so special.
Sincerely,
Cástulo de la Rocha
President and CEO
AltaMed Health Services
October 3, 2025
Montebello Planning Commission
Montebello City Council
1600 W. Beverly Blvd.
Montebello, CA 90640
RE: Support for Agenda Item 2 - Approval of AltaMed's The Alta project
Dear Honorable Planning Commissioners and City Councilmembers, On behalf of the undersigned individuals and organizations, we express our deep appreciation for Montebello’s steadfast commitment to arts and culture. Your leadership in uplifting public art, cultural programs, and celebrations of community diversity has created the fertile ground for projects like the Alta project to flourish.
The Alta at AltaMed Health Services will be a space dedicated to preserve, showcase, and celebrate Chicano and Latino art while hosting workshops, exhibitions, and educational programs for the Montebello community. For over fifty-five years, AltaMed has served Southern California as both a health care provider and a champion of community well-being. We believe that healing embraces the whole person and the whole community, and that art is essential to mental health, cultural pride, intergenerational connections, and to building strong communities.
Montebello already boasts a rich cultural landscape—from the Montebello Artwalk to public monuments and murals—that affirms creativity as a civic value. The Alta project builds on that legacy by providing a permanent gallery and professional storage space for important Latino artworks that might otherwise be lost or damaged, and by offering a welcoming place for the public to gather, learn, and celebrate the arts. In times when immigrant families face heightened fear and uncertainty, such a space sends a powerful message of belonging and resilience.
We respectfully urge you to grant permit approvals by approving agenda item 2 to make this transformative project a reality. Montebello’s approval will demonstrate the City’s ongoing commitment to inclusivity and cultural vitality for generations to come.
Thank you for your leadership and thoughtful review.
Respectfully,
Congresswoman Linda Sánchez,
United States Congress
Senator Bob Archuleta,
California State Senate
Assemblymember Lisa Calderon,
California State Assembly
Jaime Lopez,
Board Member, Whittier Union High School
District
Steven Acevedo,
Founder & Creative Director, CM2Arts
José Antonio Aguirre,
Executive Director, Mexican Cultural
Institute of Los Angeles
Endy Bernal,
Board Chair, Self Help Graphics & Art
Manuel Bernal,
CEO, Cesar Chavez Foundation
Andres Chavez,
Executive Director, National Chavez Center
Dr. Berenecea Johnson Eanes,
President, California State University, Los
Angeles
Yolanda Garcia,
Owner, Casita del Pueblo Gallery &
Community Space
Sandra Hahn,
Santa Fe Springs Art Festival and LA
County Arts & Culture Commissioner
Charles James,
Owner & Director, Charlie James Gallery
Rigoberto Jimenez,
Owner & Director, Eastern Projects Gallery
Dr. David C. Lizárraga,
Founder & Chairman, TELACU Education
Foundation
Dr. Michael Lizárraga,
President & CEO, TELACU and TELACU
Industries; President TELACU Education
Foundation
William Moreno,
Montebello Resident, Art Consultant
Ricardo Munoz,
Collector of Chicano and Latino Art
Chon Noriega,
Professor, University of California, Los
Angeles
Fabian Núñez,
Former Speaker, California State Assembly
Dr. Monte E. Perez,
Interim President, East Los Angeles College
Dr. Ciriaco “Cid” Pinedo,
President & CEO, Mexican American
Opportunity Foundation (MAOF)
George L. Pla,
Founder & CEO, Cordoba Corporation
John Raffoul,
President, Adventist Health White Memorial
Jose Ramirez,
East Los Angeles Artist
Ramon Ramirez,
Pico Rivera Artist
Maria S. Salinas,
President & CEO, Los Angeles Area
Chamber of Commerce
Miguel Santana,
President & CEO, California Community
Foundation
Barney Santos,
CEO, BLVD Market & Alchemy Craft
Hataya Tubtim,
Executive Director, Vincent Price Art
Museum
Antonio Villaraigosa,
Former Mayor, City of Los Angeles
ITEM # 8
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: Michael Solorza, Director of Finance
SUBJECT: FISCAL YEAR 2025-26 FIRST QUARTER BUDGET REPORT
DATE: October 22, 2025
RECOMMENDATIONS:
It is recommended that the City Council:
1. Receive and file this agenda report and the presentation on the Fiscal Year 2025- 26 First Quarter Budget Report; and,
2. Amend the Compensation Plan and Table of Organization (Position Listing), Resolution No. 25-xx for certain Fire, Community Development and Finance Department classifications; and,
3. Amend the Master Position Control to reflect changes to the Table of Organization; and,
4. Approve new and updated Job Classifications for positions in Fire and Finance; and,
5. Take such additional, related action that may be desirable.
FISCAL IMPACT:
The Fiscal Year 2025-26 budget was adopted on June 25, 2025. Since adoption, changes (amendments) to the budget have been made. In addition, there are now three months of revenue and expenditure results that allow trends to be analyzed and an updated budget forecast to be presented (i.e., actual results through the second week of October). In addition, presentation of quarterly reports on a regular basis show good financial stewardship and promote transparency.
This First Quarter Budget report will focus on the General Fund and will provide updated expenditure and revenue projections for the fiscal year. There will also be a brief discussion of the two enterprise funds which record activity of the City-owned
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 22, 2025
hotels: Hilton Garden Inn and Home2Suites.
The General Fund budget was adopted with an $894,700 surplus: revenue of $84,447,100 and expenditures of $83,552,400. Since adoption in June, budget amendments have been made to department expenditure appropriations, and new information is available on revenue trends. Also, three months of data provide trends for where expenditures are headed by year-end, allowing for updated estimates to be presented.
The updated expenditure and revenue projections for the General Fund are presented in the table below, as well as the adopted and amended budgets for FY 2025-26:
The chart below provides historical context, plotting actual, budgeted and projected General Fund revenues against expenditures forFiscal Years 2019-20 through 2025-26:
The large gap between revenue and expenditure actuals in FY 2019-20 shows revenue negatively impacted by the pandemic, plus one-time capital expenditures related to infrastructure projects that utilized the 2009 excess bond proceeds: Taylor Ranch Park project, City Hall roof replacement, Police HVAC replacement, etc.
The surpluses in FY 2021-22, FY 2022-23 and FY 2023-24 continue a positive trend where revenue exceeds expenditures, assisted by the recognition of one-time revenues from the sale of the City’s water system, sale of property in the City of Pico Rivera and recognition of Coronavirus State and Local Fiscal Recovery Funds (CSLFRF). The FY
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 22, 2025
2025-26 1st Quarter projection shows a slight surplus of $76,679
The paragraphs below present a more detailed discussion of the changes based on 1st Quarter actuals and their impact on the forecast for fiscal year-end.
BACKGROUND/DISCUSSION:
N/A
ENVIRONMENTAL:
N/A
ANALYSIS:
At the time the FY 2025-26 budget was adopted on June 25, 2025, revenue and expenditure forecasts were based on April and May information, tempered and informed by prior year and historical data. The closing of the books for FY 2024-25 provides additional, unaudited insight into revenue and expenditure performance. That information, along with additional data (i.e., actuals) from July – October allows an updated forecast for fiscal year-end to be presented.
Revenue
Overall, General Fund revenue is projected to be $3,455,000 higher than the adopted budget ($87.902 million vs. $84.447 million). This increase represents the net impact of changes to revenue accounts across the General Fund. The chart and table below present high-level overviews of General Fund revenue – by totals and major revenue category (refer to Attachment A for additional details on revenue):
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 22, 2025
The largest positive change (in dollars) came in the Transfers In category, showing an increase of $1.750 million over the adopted budget. The Transit Fund will be utilizing Proposition A funds, which results in a net positive transfer to the General Fund of $1.750 million.
There is a $990,000 projected increase in Licenses and Permits revenue. The majority of the additional revenue is coming from “Building Permits,” “Plan Check Fees,” “Electrical Permits,” and “Cannabis Cultivation.” There is continued positive revenue impact from the Metro Heights development, as building permits are issued and plan checks reviewed. The “Plan Check” revenue also benefits from the updated sharing ratio with the City’s engineering consultant. The City now receives closer to 50% of plan check revenue, vs. the previous agreement which only netted the City 15%. The City received $2.221 million in “Plan Check” revenue in FY 2024-25, compared to $551,000 in FY 2023-
24. This category is estimated to record $1.500 million for FY 2025-26.
“Other Revenue” reflects a $200,000 increase vs. the budgeted amount. The Fire Department receives reimbursements from the State when wildland firefighting strike teams are deployed for mutual aid. CalOES reimburses the City for staff and equipment each time a strike team is deployed, utilizing updated fully burdened rates based on current rates of pay and benefits.
Sales tax is also up modestly, $100,000 vs. the adopted budget. The table below shows sales tax data from FY 2021-22 through FY 2025-26, including the updated 1st Quarter forecast for all three separate sources of sales tax:
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 22, 2025
The increase is coming from the Monterey Park Marketplace sharing revenue stream. In April, 2023 residents of the City of Monterey Park approved a ¾ cent transaction and use tax – identical to Measure H approved by Montebello voters in March, 2020. At the time of budget adoption, Staff were working with Monterey Park officials to determine how much additional revenue would accrue to Montebello from the new transaction and use tax. Staff now have two full fiscal years of remittances from Monterey Park and can project $100,000 in additional transaction and use tax revenue for FY 2025-26.
Montebello’s own transaction and use tax (Measure H) continues to perform well, with the forecast – for now – holding at the $10.500 million budget amount. The trend in Measure H revenue indicates it performs at a steady 67% of the 1% Bradley Burns sales tax totals.
The 1% Bradley-Burns sales tax amount is forecasted at $17.000 million. Recent quarterly results indicate sales tax could fare better by fiscal year-end. However, for the 1st Quarter report, the forecast will remain at the budgeted amount of $17.000 million.
Staff will confer with the City’s sales tax consultant (HdL Companies) and will update the projection as part of the 2nd Quarter budget update, which will incorporate additional data from recently opened retail operations across the City.
Property tax shows a slight increase of $128,300 when compared to the adopted budget. There is a projected increase to residual property tax ($78,300) and property tax in-lieu of VLF ($50,000). Sales of residential properties in the Metro Height development continue to produce additional property tax revenue. This fiscal year represents the second full year of receiving property tax from Metro Heights. Staff will continue to monitor property tax receipts and will update accordingly for the 2nd Quarter budget report.
Charges for Services projects a net increase of $311,700 over budget. The largest increase is to “Fire Plan Check” revenue: $500,000 vs. a budget of $250,000. Year-to- date revenue has surpassed the amount received for all of FY 2024-25. Metro Heights is contributing the most to the additional revenue for FY 2025-26 in this specific category.
The Other Revenue category is projecting to be $200,000 higher due to revenue from CalOES reimbursing the City for Fire Department strike team mutual aid deployments. Each time the City sends a strike team in support of a wildland fire in the State, CalOES provides reimbursement for staff and equipment.
The additional $3.445 million in General Fund revenue (Attachment A) projected for FY 2025-26 is a positive sign of continued strong performance of property values in the City, as well as improved operations and other adjustments. Staff will continue to monitor revenue trends and will provide an update as part of the 2nd Quarter (mid-year) budget
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 22, 2025
report in February 2026.
Expenditures
General Fund expenditures are projected to be $87,825,421. This amount represents a $3,011,955 increase over the FY 2025-26 amended budget (Attachment B). The amended budget total is $84,813,466 ($1,261,066 increase over the adopted budget). The increase over the adopted budget takes into account budget amendments approved by the City Council since July, encumbrance rollovers from the prior year (which amend the budget), and updated forecasts for various line-item expense categories.
About $931,000 of the $1.261 million increase to the adopted budget is from encumbrance roll-overs (open purchase orders) in the Public Works, Community Development, Police and Fire Departments. The purchase order/encumbrance rollover process is standard and occurs at the end of each fiscal year. The remaining $330,000 in budget amendments are from FY 2025-26 City Council actions related to:
o Fire Department strategic plan services ($75,000)
o Fire Department vehicle purchases / related equipment ($105,000) o Public Works – citywide custodial contract ($150,000)
The chart below provides a historical trend back to FY 2016-17 of General Fund expenditures:
The table below shows – by Department/operational area – prior year actuals and budget as well as the updated FY 2025-26 projections based on actuals through October (refer to Attachment B for additional details and historical amounts):