Agenda packet, regular meeting — Montebello City Council, November 12, 2025 (part 1 of 12)

CITY OF MONTEBELLO

CITY COUNCIL

REGULAR MEETING
WEDNESDAY, NOVEMBER 12, 2025 AT 6:00 PM

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

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

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

RULES OF DECORUM:

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

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

PUBLIC COMMENTS:

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

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

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

Agendas, Minutes, and Videos,

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

THANK YOU FOR YOUR COOPERATION

OPENING CEREMONIES
CALL TO ORDER - 6:00 P.M.

ROLL CALL

ANNOUNCEMENT OF CLOSED SESSION ITEMS

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

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

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Government Code Section 54956.8
Property: 860 Truck Way, Montebello, California
Agency’s Negotiator: Raul Alvarez, John Soria, Joseph Palombi Negotiating Party: Lee & Associates Los Angeles, Inc.

Under Negotiation: Price and Terms of Potential Acquisition

2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Government Code Section 54956.8
Property: 244 and 236 George Hensel Drive, Montebello, California Agency’s Negotiator: Raul Alvarez, Joseph Palombi
Negotiating Party: State of California Department of General Services/Housing Community Development/Holos Communities
Under Negotiation: Real Property Development and Terms

3. CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Negotiators: Raul Alvarez
Employee Groups: Montebello Executive Management Association

4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section 54957
Title: City Manager

REGULAR SESSION - IMMEDIATELY FOLLOWING CLOSED SESSION

CLOSED SESSION REPORT

INVOCATION

PLEDGE OF ALLEGIANCE

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CORRECTIONS TO THE AGENDA - CITY MANAGER

CEREMONIAL ITEMS/PRESENTATIONS

5. CITIZEN OF THE MONTH — TINO DUARTE

6. PROCLAMATION FOR THE MONTH OF MOVEMBER

7. PROCLAMATION FOR ALZHEIMER DISEASE AWARENESS MONTH

8. PINNING CEREMONY FOR FIREFIGHTERS

9. RECOGNITION OF THE FIRE TEAM THAT ASSISTED WITH THE PALISADES FIRE

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

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

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

STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST

REGULAR BUSINESS

11. APPROVAL OF ORDINANCE NO. 2486 AMENDING MONTEBELLO MUNICIPAL CODE CHAPTER 5.08, TITLE 5 DEALING WITH BUSINESS LICENSES AND REGULATIONS TO LIFT THE TEMPORARY MORATORIUM ENACTED ON MARCH 24, 2021
RECOMMENDATION: It is recommended that the City Council:

1. Adopt Ordinance No. 2486 Amending Sections 5.08.010, 5.08.020, 5.08.030, 5.08.050 and 5.08.060 of Chapter 5.08, Title 5 (Business Licenses and Regulations) of the Montebello Municipal Code; and,

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

12. INTRODUCE AND WAIVE FIRST READING OF ORDINANCE NO. 2485, AMENDING CHAPTER 8.32 OF THE

MONTEBELLO MUNICIPAL CODE TO EXPAND THE PROHIBITION OF SMOKING TO INCLUDE PLACES

OF EMPLOYMENT, PUBLIC SPACES AND OUTDOOR AREAS
RECOMMENDATION: It is recommended that the City Council:

1. Introduce and waive the first reading of Ordinance No. 2485, amending Chapter 8.32, entitled Smoking, of the Montebello Municipal Code (“MMC”), to expand the prohibition of smoking to include places of employment, public spaces and outdoor areas, in order to protect public health and the environment; and

2. DETERMINE AND FIND that the project is exempt from the California Environmental Quality Act (“CEQA”) pursuant to the “Common Sense” exemption set forth under Section 15061(b)(3), which provides that CEQA applies only to projects which have the potential for causing a significant effect on the environment, considering that it can be seen with certainty that there is no possibility that amending chapter 8.32 of the MMC will have a significant effect on the environment; and

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

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13. AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT NO. 4165 BETWEEN RAUL ALVAREZ AND THE CITY

OF MONTEBELLO
RECOMMENDATION: It is recommended that the City Council:

1. Approve the First Amendment to Employment Agreement No. 4165 (“First Amendment”) between City Manager Raul Alvarez and the City of Montebello

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

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

14. ACCEPT AWARD OF CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS) SELECTIVE TRAFFIC

ENFORCEMENT PROGRAM (STEP) GRANT FUNDS
RECOMMENDATION: It is recommended that the City Council:

1. Approve the use of grant funding awarded by the California Office of Traffic and Safety (OTS) through the Selective Traffic Enforcement Program (STEP), Grant number PT26049, in the amount of $115,000; and

2. Amend the Fiscal Year 2025-26 budget and increase appropriations by $115,000 in Account Nos. 265- 8013-800-5010.10, 6000.20 and 6020, (Grants, OTS-STEP, PD Administration, Overtime, Supplies-NonDurable and Travel and Meetings [expenditures] and 265-99-4198.97 (Grants, OTS Grants [revenue]); and,

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

15. APPROVAL OF AGREEMENT NO. 4425 WITH THE COUNTY OF LOS ANGELES FOR PARTICIAPTION IN THE LOS ANGELES REGION - IMAGERY ACQUISITION CONSORTIUM 8 (LARIAC8) PROJECT RECOMMENDATION: It is recommended that the City Council:

1. Authorize the City Manager to execute an agreement with Los Angeles County for the Los Angeles Region - Imagery Acquisition Consortium 8 (LARIAC8) Program in a form approved by the City Attorney in the amount of $27,700; and

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

16. AUTHORIZATION TO ADOPT PLANS AND SPECIFICATIONS FOR THE LED SIGN - CITY HALL PROJECT (CP 933) AND PROCEED WITH BID ADVERTISEMENT
RECOMMENDATION: It is recommended that the City Council:

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

2. Adopt construction plans, specifications, and engineer’s estimate for CP 933, LED Sign - City Hall; and

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

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

17. AUTHORIZATION TO ADOPT PLANS AND SPECIFICATIONS FOR CITYWIDE AMERICANS WITH DISABILITIES ACT (ADA) ENHANCEMENTS (CP 939) AND PROCEED WITH BID ADVERTISEMENT RECOMMENDATION: It is recommended that the City Council:

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

2. Adopt construction specifications for CP 939, Citywide Americans with Disabilities Act (ADA) Enhancements; and

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

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

18. APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. 4438 - HIGH-SPEED RAIL HSR23-67 AGREEMENT RECOMMENDATION: It is recommended that the City Council:

1. Authorize the City Manager to execute Amendment No. 1 to the High-Speed Rail Agreement (HSR23- 67) with the California High-Speed Rail Authority (Authority) to extend the term of the agreement from March 31, 2026, to December 31, 2026, and to update the Rate Sheet to reflect current City staffing classifications; and

2. Authorize the City Manager to execute all applicable exhibits and forms that accompany the amended agreement in good faith; and

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

19. APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. 4141 WITH OCEAN BLUE ENVIRONMENTAL SERVICES INC. FOR HAZARDOUS WASTE MANAGEMENT AND EMERGENCY RESPONSE SERVICES RECOMMENDATION: It is recommended that the City Council:

1. Approve Amendment No. 1 to Agreement No. 4141 between the City of Montebello and Ocean Blue Environmental Services Inc. to increase compensation for contract year 2025 – 2026 by $352,000; and

2. Amend the adopted Fiscal Year 2025-26 budget by increasing appropriations by $100,000 in Account 100-30-510-6040.10 (General Fund, Public Works, Building Maintenance, Contract Services Outside Contracts); and

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

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

20. AUTHORIZE A SOLE SOURCE PURCHASE ORDER WITH THE LOS ANGELES COUNTY DEPARTMENT

OF PUBLIC WORKS (LACDPW) FOR TRAFFIC SIGNAL REPAIRS
RECOMMENDATION: It is recommended that the City Council:

1. Approve a sole-source purchase order with Los Angeles County Department of Public Works (LACDPW) for an annual total not-to-exceed amount of $115,000 to provide traffic signal maintenance and repairs; and,

2. Approve use of a sole-source justification as allowed by Montebello Municipal Code Chapter 3.20.050(B) – Sole/Single Source Goods and/or Services; and,

3. Acknowledge that Agreement No. 863, effective February 11, 1982 between the City and County of Los Angeles for the provision of signal maintenance and repair services is operational and in effect; and,

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

21. APPROVE PROFESSIONAL SERVICES AGREEMENT NO. 4418 WITH TURBODATA SYSTEMS, INC FOR

ADMINISTRATIVE AND PARKING CITATION PROCESSING AND SOFTWARE MAINTENANCE SERVICES RECOMMENDATION: It is recommended that the City Council:

1. Approve Professional Services Agreement No. 4418 with TurboData Systems, Inc. for administrative and parking citation processing and software maintenance services; and,

2. Authorize the City Manager to execute Agreement No. 4418 on behalf of the City of Montebello (Attachment A); and,

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

22. APPROVE THE UTILIZATION OF GRANT FUNDS FROM GAMETIME FOR PURCHASE OF A PLAYGROUND RECOMMENDATION: It is recommended that the City Council:

1. Approve the use of grant funding awarded to the City of Montebello by GameTime through the GameTime Playground Grant Program in the amount of $67,739; and

2. Approve a purchase order with GameTime for $186,802 for the installation of a new playground; and

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3. Authorize the City Manager to execute all contracts for construction and installation of the new playground; and

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

23. AWARD PROFESSIONAL SERVICES AGREEMENT NO. 4429 FOR CITYWIDE LANDSCAPING SERVICES (RFP NO. 26-01) TO MARIPOSA LANDSCAPES, INC.

RECOMMENDATION: It is recommended that the City Council:

1. Award Professional Services Agreement No. 4429 to Mariposa Landscapes, Inc. in an amount not-toexceed Six Hundred Seventy Eight Thousand Two Hundred Sixteen Dollars ($678,216) for the initial year of a three-year (3) term for Citywide Landscaping Services; and

2. Authorize the City Manager to take actions necessary to execute and finalize an agreement on behalf of the City of Montebello; and

3. Amend the Fiscal Year 2025-26 budget by increasing appropriations by a total of $261,108 in Account No. 100-30-720-6040.20 (General Fund, Public Works, Parks Maintenance, Landscape Services); and

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

24. APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT NO. 4062 WITH ADVOCATE, INC. DBA NAVA PARTNERS INSURANCE SOLUTIONS TO EXTEND TERM FOR ONE YEAR RECOMMENDATION: It is recommended that the City Council:

1. Approve Amendment No. 1 to Professional Services Agreement No. 4062 with Advocate, Inc. dba Nava Partners Insurance Solutions to extend the term of the agreement by one (1) additional year, through December 20, 2026; and

2. Authorize the City Manager to execute the amendment, extending the term of the agreement to December 20, 2026; and

3. Amend the Fiscal Year 2025-26 budget by increasing appropriations by $50,000 in Account 100-25-250- 6040.10 (General Fund, Human Resources, HR Administration, Contract Services – Outside Contracts); and

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

25. ADOPTION OF RESOLUTION NO. 25-93 - APPROVAL OF JOB SPECIFICATION FOR ASSISTANT

ENGINEER
RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 25-93, approving the job specification for Assistant Engineer; and,

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

26. AWARD AGREEMENT NO. 4426 TO AIR PRODUCTS AND CHEMICALS INC., FOR TEMPORARY

HYDROGEN REFUELING SOLUTIONS
RECOMMENDATION: It is recommended that the City Council:

1. Award Agreement No. 4426 to Air Products and Chemicals Inc. (Air Products), for a three-year (3) term with the option for renewal of up to two (2), additional one-year (1-year) terms, for a total not-to-exceed amount of $1,212,096, in response to the Temporary Hydrogen Refueling Solution Request for Proposals No. 25-12 (RFP No. 25-12); and

2. Authorize the City Manager to execute and finalize Agreement No. 4426 with Air Products on behalf of the City of Montebello; and

3. Authorize the City Manager to approve change orders up to an additional ten percent (10%) or $121,210 of the total agreement amount; and

4. Amend the Fiscal Year 2025-26 adopted operating budget to increase appropriations by $394,066 in Account No. 600-90-900-6040-95 (Transit Fund, Transit Administration, Contract Services — Other Professional Services) and $939,240 in Account No. 270-9066-2024-198, Project No. 600.2025.08 (FTA Grant No. CA-2024-198); and

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

27. AWARD AGREEMENT NO. 4427 TO STANTEC CONSULTING SERVICES INC., FOR DESIGN,

ENGINEERING, AND CONSTRUCTION SUPPORT SERVICES FOR A ZERO-EMISSION BUS FACILITY

UPGRADE
RECOMMENDATION: It is recommended that the City Council:

1. Award Agreement No. 4427 to Stantec Consulting Services Inc. (Stantec Consulting), for a three-year (3) term with the option for renewal of up to two (2), additional one-year terms, for a total not-to-exceed amount of $296,591, for Design, Engineering, and Construction Support Services for a Zero-Emission Bus Facility Upgrade in response to Request for Proposals No. 26-06 (RFP No. 26-06); and

2. Authorize the City Manager to execute and finalize Agreement No.4427 with Stantec on behalf of the City of Montebello; and

3. Authorize the City Manager to approve change orders up to an additional ten percent (10%) or $29,660 of the total agreement amount; and

4. Amend the Fiscal Year 2025-26 adopted operating budget to increase appropriations by $326,251 in Account No. 600-90-900-6040-96 (Transit Fund, Transit Administration, Contract Services —Engineering Design Services); and

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

28. APPROVE INCREASING THE BLANKET PURCHASE ORDER NOT-TO-EXCEED AMOUNT WITH THE BUS DOCTOR 1 LLC AND A TO Z FIRE PROTECTION COMPANY
RECOMMENDATION: It is recommended that the City Council:

1. Approve increasing the blanket purchase order (PO) established with The Bus Doctor 1 LLC (The Bus Doctor), increasing the total not-to-exceed amount from $49,000 to $125,000, to continue providing specialized technical maintenance and repair services for Montebello Bus Lines’ fleet of hybrid transit buses; and

2. Approve increasing the blanket PO established with A to Z Fire Protection Company (A2Z Fire Co), increasing the total not-to-exceed amount, from $10,000 to $125,608, to purchase fire suppressionrelated bus parts; and

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

29. CORRECTION TO MASTER FEE SCHEDULE – PLANNING AND CODE FEE SCHEDULE RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 25-95, acknowledging and approving minor corrections of errors to the Planning and Code Fee Schedule approved during a Public Hearing held on August 27. 2025; and

2. Direct staff to update the final Master Fee Schedule accordingly; and

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

30. APPROVE AMENDMENT NO. 3 TO AGREEMENT NO. 4113 WITH AVAIL TECHNOLOGIES, INC., TO INCLUDE SOFTWARE FEATURES AND EQUIPMENT FOR MONTEBELLO BUS LINES’ COMPUTER-AIDED

DISPATCH/AUTOMATIC VEHICLE LOCATION SYSTEM
RECOMMENDATION: It is recommended that the City Council:

1. Approve Amendment No. 3 to Agreement No. 4113 with Avail Technologies, Inc. (Avail Technologies), to include software features and equipment for Montebello Bus Lines’ (MBL) Computer-Aided Dispatch/Automatic Vehicle Location (CAD/AVL) System, and increase the agreement compensation by $298,582 for a revised total not-to-exceed amount of $2,783,700; and

2. Authorize the City Manager and/or his designee to execute Amendment No. 3 on behalf of the City of Montebello; and

3. Approve the purchase of Field Engineering Support and Adoption Services for a two-year term, for a total not-to-exceed amount of $167,472; and

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4. Amend the Fiscal Year 2025-26 adopted budget to increase appropriations by $466,054 in Transit Operations, Account No. 600-90-910-6040.10 (Transit, Transit Operations, Contract Services-Outside Contracts); and

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

31. TREASURER'S REPORT FOR THE QUARTER ENDING SEPTEMBER 30, 2025 RECOMMENDATION: It is recommended that the City Council:

1. Receive and file the Quarterly Treasurer’s Report for the quarter ending September 30, 2025 (First Quarter of Fiscal Year 2025-26); and,

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

32. SECOND 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 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. Waive Second 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. Authorize the City Manager to negotiate and execute an agreement for City use of the private art gallery space consistent with the Development Agreement; and

3. DETERMINE AND FIND that the project (ENV. No. 13-25) is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15301, Class 1 – Existing Facilities and section 15061(b)(3) – Common Sense Exemption; and

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

33. ADOPT PLANS AND SPECIFICATIONS FOR 400 S. TAYLOR AVENUE AND 311 S. GREENWOOD AVENUE AND APPROVE PROFESSIONAL SERVICES AGREEMENT NO. 4437 WITH KYA SERVICES, LLC FOR THE

TRANSPORTATION FACILITY MODERNIZATION PROJECT
RECOMMENDATION: It is recommended that the City Council:

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

2. Adopt the completed plans and specifications for the Transportation Facility Modernization Project located at 400 S. Taylor Ave and 311 S. Greenwood Ave; and

3. Approve Professional Services Agreement No. 4437 with KYA Services, LLC (KYA Services), for the Transportation Facility Modernization Project; and

4. Amend the Fiscal Year 2025-26 adopted budget to increase appropriations by $9,757,030 in Account, No. 600-90-915-7115 (Transit Fund, Administration, Corporate Shops, Building Improvements); and

5. Authorize the City Manager and/or his designee to approve change orders for up to fifteen percent (15%) of the total agreement amount; and

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

34. APPROVE ACCEPTANCE OF 2024 BJA FY 24 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE

GRANT (JAG) FUNDS
RECOMMENDATION: It is recommended that the City Council:

1. Approve acceptance of the 2024 BJA FY 24 Edward Byrne Memorial Justice Assistance Grant (JAG) Program award; and,

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2. Amend the Fiscal Year 2025-2 budget by increasing appropriations by $16,178 in Account Nos. 240- 8055-800-5010.10 (JAG, JAG Program Funds, PD Administration, Overtime Full-Time [Expenditures]) and 240-99-4198 (JAG, Misc Grants [Revenue]); and,

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

35. ADOPT RESOLUTION NO. 25-96 APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE

CITY OF MONTEBELLO AND THE MONTEBELLO EXECUTIVE MANAGEMENT ASSOCIATION (MEMA) AND RESOLUTION NO. 25-97 UPDATING THE COMPENSATION PLAN, TABLE OF ORGANIZATION, AND

SALARY MATRIX
RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 25-96 (Attachment A) approving a Memorandum of Understanding (MOU) between the City of Montebello and the Montebello Executive Management Association (MEMA); and

2. Adopt Resolution No. 25-97 (Attachment B) updating the Compensation Plan, Table of Organization, and Salary Matrix; and

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

36. APPROVAL OF MINUTES: OCTOBER 22, 2025, CITY COUNCIL MEETING; NOVEMBER 6, 2025, SPECIAL

CITY COUNCIL MEETING
RECOMMENDATION: It is recommended that the City Council:

1. Approve said Minutes as is.

37. PAYMENT OF BILLS: ADOPT RESOLUTION NO. 25-94 APPROVING THE CITY WARRANT REGISTER OF DEMANDS DATED NOVEMBER 12, 2025.

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 25-94 approving the Warrant Register dated November 12, 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.
• Georgina Tamayo, Mayor Pro Tem
• Ric Alonzo, Councilmember
• Danielle Romero, Councilmember
• Scarlet Peralta, Councilmember
• Salvador Melendez, Mayor

CLOSED SESSION - CONTINUED

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ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on December 9, 2025, at 6:00 p.m., which can be livestreamed 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, November 9, 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

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ITEM # 11

CITY OF MONTEBELLO

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

BY: Michael Solorza, Director of Finance
SUBJECT: APPROVAL OF ORDINANCE NO. 2486 AMENDING MONTEBELLO MUNICIPAL CODE CHAPTER 5.08, TITLE 5 DEALING WITH

BUSINESS LICENSES AND REGULATIONS TO LIFT THE
TEMPORARY MORATORIUM ENACTED ON MARCH 24, 2021
DATE: November 12, 2025
RECOMMENDATIONS:

It is recommended that the City Council:

1. Adopt Ordinance No. 2486 Amending Sections 5.08.010, 5.08.020, 5.08.030,

5.08.050 and 5.08.060 of Chapter 5.08, Title 5 (Business Licenses and Regulations) of the Montebello Municipal Code; and,

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

FISCAL IMPACT:

The City requires a business license for all operating businesses within the City, per Chapter 5.08, Title 5 of the City’s municipal code. The license is utilized to ensure all businesses are operating per the City’s municipal code requirements – meeting various Fire, Planning and Building Safety standards.

The City has utilized HdL Companies to effectively manage the business license program since October, 2020. The transition to HdL provided improved customer service to the City’s business community, and has resulted in increased adherence to the City’s municipal code, ensuring all businesses are operating safely, legally and in the best interests of our residents and the community.

In addition to improved adherence to the municipal code, revenue from the annual business license fee has increased in the five years HDL Companies has administered

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business license functions. The table below shows actual revenue since 2016 through projections for the current fiscal year:

It should be noted that this revenue was essentially flat prior to FY 2020-21, averaging $2.358 million per year. Since HDL took over administration, the average annual amount of revenue received has been $2.853 million (FY 2020-21 – FY 2024-25, actuals). This increase to annual revenue has occurred even as the fees/rate charged have remained unchanged since 2009.

The improved management has increased equity across the business community, ensuring all operating businesses are in possession of a current and valid business license, per the municipal code. This General Fund revenue generated helps offset costs for Code Enforcement, Fire Prevention, Building Safety and other functions directly associated with ensuring Montebello businesses are operating per code.

It is this improved management, coupled with recovery of business license fees from operations found to be operating without a license, which has increased revenue. There have been no changes to the amounts charged for various types of business licenses or the amounts assessed on gross receipts, with all fees frozen at 2009 amounts.

In October 2020, with the transition to HdL, it was discovered that the required annual consumer price index (CPI) adjustment to business license fee amounts was suspended on June 24, 2009, for the period of FY 2009-10 only (per Ordinance No. 2331). This temporary suspension of the CPI adjustment expired on June 30, 2010, with the business license fee amounts to be increased by the change in CPI from June 2009 to June 2010, and annually thereafter. This adjustment never happened, even though it was required by the municipal code with the expiration of Ordinance No. 2331. Staff discovered the adjustment did not occur, and business license fee amounts remain frozen at 2009 levels.

Local businesses have benefited from the City’s oversight in applying the annual required inflationary increase, benefiting from lower fees which have been held constant at 2009 levels. If the annual CPI increase had been implemented beginning July 1, 2010, business license fees would be 52.1% higher than what is currently being assessed. Local businesses have saved an estimated, cumulative $3.305 million over the fifteen year period by the City holding fees at 2009 levels. That is, the City’s General Fund should have received more than three million dollars in revenue since 2010, which would have helped close budget gaps and bolster the City’s reserves.

As discussed in detail below, the ordinance update (Attachment A) would remove the sections of Montebello Municipal Code Chapter 5.08 that suspended the CPI increase and set a cap on the rate assessed for large businesses having gross receipts over $1.0

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million. The annual CPI increase would not be implemented until July 1, 2026, adjusting the current 2009 fee amounts by the CPI change from 2025 to 2026. Businesses would continue to benefit from the lower fee amounts since the CPI adjustment will be made on the 2009 base amounts.

Therefore, Ordinance No. 2486 (Attachment A) would accomplish two primary goals: 1) allow the City to begin adjusting fees annually by the change in CPI as required by the Municipal Code, which will provide additional revenue to the General Fund that offsets the costs of administering the business license program (i.e., Police, Fire, Code Enforcement, etc.); and, 2) create a more equitable tax structure by eliminating a cap on gross receipts put in place in 2009 that unfairly benefits large business operations (i.e., those with over $1.0 million in gross receipts) compared to smaller retail businesses.

BACKGROUND/DISCUSSION:

The City of Montebello’s Municipal Code includes Title 5, Chapter 5.08 which regulates Business License Taxes and establishes regulations to ensure all entities conducting business within the City are doing so lawfully and according to all applicable City, County and State regulations. Chapter 5.08 allows for the levy of a business license tax for regulatory and revenue purposes. The Chapter outlines the rates charged for the various types and sizes of businesses in Montebello (Attachment A).

The revenue received from these fees, projected to be $3.125 million in FY 2025-26, offsets the cost of Code Enforcement, Police, Fire and other Departments, which play a part in administering the City’s business license program and ensuring all businesses in Montebello are operating legally and safely. Businesses are required to renew annually, and new businesses must register. Depending on the type of business, staff from Fire, Police, Code Enforcement, Planning, Building and Finance perform document review and location inspection duties in order to ensure all businesses are conforming to required regulations. This work is done throughout the year, and involves numerous staff and resources.

The City utilizes HdL’s full-service business license administration program, allowing local businesses the opportunity to submit all required paperwork and payments electronically. The service also provides dedicated customer support to assist Montebello businesses with keeping their licenses current. Utilizing HdL Companies has allowed the City to vastly improve the customer service provided to local businesses.

Chapter 5.08 also outlines the annual process by which the business license fees are increased, based on the annual change to the Consumer Price Index (CPI, Los AngelesRiverside-Orange County area). This is an automatic process that allows for the fees charged to keep pace with rising administrative costs while also providing for a reasonable regulatory mechanism.

On June 24, 2009, the City Council adopted Ordinance No. 2331, which was meant to temporarily suspend a portion of certain business license taxes for one year only: July 1, 2009 through June 30, 2010. The operative period of Ordinance No. 2331 expired, and the impacted fees should have been increased by the annual change in CPI as of

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July 1, 2010, and in each subsequent fiscal year after. However, this did not occur, and as such, fees have been assessed at the 2009 levels for the past fifteen (15) years. The ordinance (Attachment A) would remove the suspension of the annual CPI increase beginning July 1, 2026. The CPI adjustment would be applied to the current, 2009 fee levels.

The estimated loss in General Fund revenue over the fifteen year period from not applying the required CPI adjustment is approximately $3.305 million. That is, the City’s General Fund should have received more than three million in revenue, which would have helped close budget gaps and bolster the City’s reserves over the last fifteen years.

At the February 24, 2021 regular City Council meeting, Staff was directed to maintain all business license fee amounts at their Fiscal Year 2009-10 levels. In addition, staff was directed to conduct a study of business license fees and applicable municipal code language. The motion to maintain the 2009 temporary moratorium was thereafter memorialized by a resolution approved on March 24, 2021. Fees have been held at the 2009 levels since then.

Staff then worked with HdL Companies on a Business Tax Analysis and Ordinance Review, as directed by the City Council. The study found the City’s current tax structure unintentionally places a heavier burden on small businesses in Montebello. This is primarily due to the fact that Ordinance No. 2331 approved in 2009 placed an arbitrary cap on the amount of gross receipts to which the business license tax is applied. The study found that a neighboring City with 1,000 fewer business – without such a cap – saw greater revenue returns ($500,000) from the more equitable tax structure. Moreover, some of Montebello's smaller businesses have the same tax burden as larger businesses, which produce tens of millions in annual gross receipts. This inequity must be resolved, and the ordinance update accomplishes that.

The proposed Ordinance No. 2486 (Attachment A) amending Chapter 5.08 (Sections

5.08.010, 5.08.020, 5.08.030, .050 and .060) would remove the suspension language placed by City Council action in 2009 – allowing for annual CPI adjustments beginning July 1, 2026. The proposed ordinance would also remove the arbitrary cap on the amount owed by businesses reporting more than $1.0 million in gross receipts. Removal of this cap would help restore balance and equity to the City’s business license program. Now, a multi-million dollar business would not be paying the same as smaller, local “mom and pop” retail establishments.

Staff will work with the City’s Public Affairs office and HdL to ensure proper notification of this ordinance change is made on the City’s social media and related outlets, as well as through business license renewal notices. With the increased rates beginning July, 2026, sufficient time exists for Staff to publicize these changes and work with the business community. In addition, since business license renewal occurs on an anniversary date, only a portion of all businesses in Montebello will be impacted in July, with additional businesses seeing the change through the following eleven months as renewal dates arrive.

ENVIRONMENTAL:

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N/A
ANALYSIS:

N/A
SUMMARY:

It is recommended that the City Council adopt Ordinance No. 2486 amending Title 5, Chapter 5.08 of the City’s municipal code (Attachment A) to restore the annual CPI increase per the municipal code to be effective July 1, 2026, and each subsequent year thereafter and remove the cap on fees paid for businesses reporting more than $1.0 million in gross receipts.

ATTACHMENT(S)

1. ATTACHMENT A - ORDINANCE #2486 - Final 11_12_2025

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ATTACHMENT A
ORDINANCE NO. 2486

AN ORDINANCE OF THE CITY OF MONTEBELLO, CALIFORNIA
AMENDING SECTIONS 5.08.010, 5.08.020, 5.08.030, 5.08.050, AND

5.08.060 OF CHAPTER 5.08 (BUSINESS LICENSE TAXES), TITLE 5 (BUSINESS LICENSES AND REGULATIONS) OF THE MONTEBELLO

MUNICIPAL CODE
WHEREAS, pursuant to California Government Code section 37101 and California Business and Professions Code Section 16000, et seq., a general law city may levy business license taxes for revenue purposes and business license fees for regulatory purposes; and
WHEREAS, on June 24, 2009, the City adopted Ordinance No. 2331 temporarily reducing and suspending a portion of certain business license taxes during the period of July 1, 2009 through June 30, 2010; and
WHEREAS, since that temporary suspension in 2010, the City has not restored nor increased the business license tax by the consumer price index for the designated businesses, occupations and professions operated within the City and subject to the business license tax as required under Chapter 5.08 (Business License Taxes), Title 5 (Business Licenses and Regulations) of the Montebello Municipal Code (“MMC”); and WHEREAS, on October 5, 2020, as authorized by the MMC, a business license tax increase was implemented for the period of October 5, 2020 through and including June 30, 2021, restoring the tax to pre-Ordinance No. 2331 levels, plus CPI increases, to bring the tax to a level which is in line with the latest available consumer price index and abides by those specific sections of Chapter 5.08 of the Montebello Municipal Code (“MMC”); and
WHEREAS, on February 24, 2021, the City Council (“City Council”) of the City of Montebello conducted a regularly scheduled meeting to consider a proposed ordinance establishing a temporary moratorium on increases to the City’s business license fees and incrementing applicable sections of the MMC due to the negative economic effect on businesses brought on by the mandates imposed by the state and local orders to counteract the threat to public health by the novel Coronavirus ("COVID-19"); and WHEREAS, February 24, 2021 on a 5-0 vote, the City Council passed an alternative motion to return all business license fee amounts to their Fiscal Year 2009-10 levels until a study of the City’s business license fees was conducted and analyzed (the motion was thereafter memorialized by a resolution on March 24, 2021); and WHEREAS, now that the City has conducted a fee study in accordance with City Council’s direction, the City’s intent is to adopt this Ordinance to accomplish the following goals: 1) provide continued relief to rental property owners by holding base fee amounts at 2009 levels, 2) allow the City to begin adjusting fees annually by the change in CPI,

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which will provide additional revenue to the General Fund that offsets costs of administering the business license program (i.e., Police, Fire, Code Enforcement, etc.); and, 3) create a more equitable tax structure by eliminating a cap on gross receipts put in place in 2009 that unfairly benefits large business operations over smaller retail businesses; and
WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.

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

SECTION 1. RECITALS. The foregoing recitals are true and correct and are hereby incorporated as substantive findings of this Ordinance.

SECTION 2. AMENDMENTS; RESERVATION. Sections 5.08.010, 5.08.020,

5.08.030, 5.08.050, and 5.08.060 are amended to read as follows (deletions in Strikethrough and additions in Underline.

5.08.010 Designated.

A. The following businesses, occupations and professions shall be required to pay, as and for business license taxes, the amounts hereinafter set forth in this section, pertaining thereto:

1. Advertising vehicle: Fifty-one dollars and thirty-three cents per vehicle, per day;

2. Rental of real property: Residential property, excluding condominiums, having an apartment house (as defined in Chapter 17.08 of this code) located thereon, with three or more dwelling units therein: five hundred fifteen dollars and twenty-two zero cents per year and one hundred seventy-one dollars and seventyfour zero cents per year for each additional unit;

3. Auctions: One hundred fifty-two dollars per day unless conducted as an integral part of a business otherwise licensed hereunder;

4. Business by vehicle:
a. Refuse trucks: Six hundred seventy-six dollars and ten cents per year for each vehicle;
b. All others: One hundred forty-seven dollars and seven cents per year per vehicle;

5. Contractors: Seventy-three dollars and four cents per quarter, two hundred ninety-two dollars and sixteen cents per year;

6. Junk dealer, automobile or truck dismantler: Five hundred sixty-eight dollars and fifty-two cents per year;

7. Outdoor advertising signs:
a. Outdoor advertising on signs: Two hundred eighty-four dollars and twenty-six cents per year (plus twenty-two dollars and seventy-one cents per year for each sign in excess of ten);

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b. Advertising on benches: Two hundred eighty-four dollars and twentysix cents per year (plus twenty-two dollars and seventy-one cents per year for each sign in excess of ten) (excluding benches which contain no advertising);

8. Peddler, solicitor, or itinerant vendor: Two hundred eighty-four dollars and twenty-six cents per year;

9. Public dump: One thousand three hundred thirty-eight dollars and thirtyeight cents per month or two percent of the gross receipts derived therefrom, whichever is greater;

10. The activities for which a temporary use permit is required hereunder pursuant to Chapter 12.16 of this code, shall pay the following taxes:
a. Circuses, per day
Per mechanical ride
$165.82

50.34 b. Parades per day 130.29
c. Carnivals per day
Per mechanical ride
165.82

50.34 d. Fairs, per event 130.29
e. Temporary outdoor exhibits per
day
Montebello businesses exempt
130.29
f. Tents, per event (if over 20 × 20)
Montebello businesses, per event
130.29

70.08 g. Aircraft and helicopter landings
and demonstrations per day
130.29
h. Public demonstration of
gatherings of more than 25 people,
per day
165.82
i. Christmas trees/pumpkin patch
sales, per year
130.29
j. Moving and/or estate sales, per
day

30.60 k. Filming, per day 165.82

11. Dance permit: Every person who is required to obtain a dance permit for a public dance or cabaret dance pursuant to Chapter 5.32 of this code, shall pay a business license tax as follows:
a. Public dance: One hundred thirty-six dollars and twenty-one cents per day for each day and for each location at which such dance is conducted,
b. Cabaret, per year: Two thousand three hundred forty-four dollars and thirteen cents per year for each location at which such dance is conducted;

12. Pool or billiard rooms or halls: The rate of license fees for billiard rooms or halls and pool rooms shall be forty-three dollars and forty-three cents for each billiard, pool or snooker table per year;

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13. Oil well operator: A tax equal to $.3329 per barrel of oil produced from wells owned or operated by such person located within the city;

14. Shoe shine stands: Fifty-one dollars and thirty-three cents per year;

15. Vending machines: Every individual or firm whose business is limited exclusively to renting, leasing or operating coin-operated vending machines dispensing tangible personal property, shall pay a tax based on the entire gross receipts which are directly attributable to the business activities conducted within the city, and no minimum license tax shall be imposed upon any business location, nor shall such license tax be measured by the number of business locations or machines of the taxpayer within the city. The city may demand an audit of any such licensee and require him or her to submit a copy of the state sales and use tax return filed relative to such machines;

16. Child care center (as defined in Chapter 17.08 of this code) nine children and more: Fifty-one dollars and thirty-three cents per year;

17. Mechanical amusement device or amusement game machine: One hundred seventy-two dollars and seventy-three cents per device or machine per year;

18. Fortune telling, as regulated and defined in Chapter 5.44 of this code: Seven hundred eighty-eight dollars and sixty-two cents.

B. Except where otherwise stated, the tax imposed by this section shall be increased or decreased annually as of July 1st of each calendar year, commencing on July 1, 2026 1979, in an amount equal to the increase or decrease from the base index in the then latest available consumer price index, as prepared and released by the U.S. Department of Labor, Bureau of Statistics, for the Los Angeles-Riverside-Orange County area. The last index published for the month of June 2009 1978 shall be deemed to be the base index for the purpose of this section.

5.08.020 Additional tax based on gross receipts.

A. Each person engaged in a business, occupation or profession, in addition to the business license taxes imposed by Section 5.08.010, shall pay a business license tax based upon the annual gross receipts of such business, occupation or profession for the preceding calendar year, in accordance with the following schedule, plus eighty cents per one thousand dollars or fractional part thereof over one million dollars of all gross receipts:

Over To and Including Fee
$ 0 $ 25,000 $ 133.25
25,001 50,000 154.96
50,001 100,000 210.24
100,001 150,000 260.57
150,001 200,000 311.90
200,001 300,000 362.23
300,001 400,000 414.54
400,001 600,000 520.15

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600,001 800,000 691.89
800,001 1,000,000 1,038.33
1,000,001 Over 1,380.82
B. The taxes imposed by this section shall be increased or decreased annually as of July 1st of each calendar year, commencing on July 1, 1979 2026, in an amount equal to the increase or decrease from the base index in the then latest available consumer price index, as prepared and released by the U.S. Department of Labor, Bureau of Statistics, for the Los Angeles-Riverside-Orange County area.

The last index published for the month of June 1978 2009 shall be deemed to be the base index for the purpose of this section.

5.08.030 RESERVED. Suspension of a portion of certain business license taxes.

A. Notwithstanding the provisions of Section 5.08.010(A)(2) of this code, during the period July 1, 2009 through and including June 30, 2010, the business license tax to be collected pursuant to that subsection, shall not exceed the following:

Residential property, excluding
condominiums having an apartment
house (as defined in Chapter

17.08 hereof) located thereon, with three
or more dwelling units therein.
$150.00 per year,
plus $50.00 for
each additional
unit over three
B. That during such time as this section of the Montebello Municipal Code is in effect, the amount of the business license tax imposed by said Section 5.08.010(A)(2) contrary to the amount above set forth, shall be suspended, and shall not be collected.

5.08.050 RESERVED. Suspension of a portion of certain business license taxes.

A. Notwithstanding the provisions of Section 5.08.010(A)(17) of this code, during the period July 1, 2009, through and including June 30, 2010, the business license tax to be collected pursuant to that said subdivision, from persons engaged in the business of mechanical amusement devices or amusement game machines, shall not exceed the following:

Mechanical amusement device or amusement game machine: fifty-four dollars per device or machine per year.

B. That during such time as this section of the Montebello Municipal Code is in effect, the amount of the business license tax imposed by said Section 5.08.010(A)(17) contrary to the amount above set forth, shall be suspended, and shall not be collected.

5.08.060 RESERVED. Suspension of a portion of certain business license taxes.

A. Notwithstanding the provisions of Section 5.08.020 of this code during the period of July 1, 2009, through and including June 30, 2010, the business license tax to be collected pursuant to that said section shall not exceed the following:

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Each person engaged in a business, occupation or profession, in addition to the business license taxes imposed by Section 5.08.010 hereof, shall pay a business license tax based upon the annual gross receipts of such business, occupation or profession for the following schedule, plus forty-six cents per one thousand dollars or fractional part thereof over one million dollars of all annual gross receipts to five million dollars, and thirty-five cents per one thousand dollars or fractional part thereof over five million dollars, with the maximum not to exceed nine thousand three hundred seventy-six dollars.

Over To and Including Fee
$ 0 $ 25,000 $ 124.00
25,001 50,000 142.00
50,001 100,000 192.00
100,001 150,000 240.00
150,001 200,000 289.00
200,001 300,000 336.00
300,001 400,000 384.00
400,001 600,000 480.00
600,001 800,000 640.00
800,001 1,000,000 961.00
1,000,001 Over 1,324.00
B. That during such time as this section of the Montebello Municipal Code is in effect, the amount of the business license tax based on gross receipts imposed by said Section

5.08.020, contrary to the amount above set forth, shall be suspended, and shall not be collected.

SECTION 3. CEQA. The adoption of this Ordinance is not subject to California Environmental Quality Act (CEQA) because CEQA Guidelines section 15060(c)(2) states that a project is not subject to CEQA review where the activity will not result in a direct or reasonably foreseeable indirect physical change to the environment and is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) which states that a project is exempt from CEQA “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The approval of this Ordinance will not result in a direct or reasonably foreseeable indirect physical change to the environment and there is no possibility that the approval of this Ordinance will have a significant effect on the environment.

SECTION 4. CONSTRUCTION. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.

SECTION 5. SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the

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validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional.

SECTION 6. EFFECT. If This Ordinance shall become effective thirty (30) days after its adoption.

SECTION 7. FILING. The City Clerk shall certify to the passage and adoption of this Ordinance, shall enter the same in the book of original ordinances of the City and shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted. Before the expiration of the fifteenth (15) days after the passage of this Ordinance, the City Clerk shall cause the same to be posted in three (3) public places within the City of Montebello in a manner required by law.

PASSED, APPROVED, AND ADOPTED this 12th day of November, 2025. ______________________________
Salvador Melendez, Mayor
ATTEST:
____________________________
Christopher Jimenez, City Clerk
APPROVED AS TO FORM:
_______________________________
Arnold M. Alvarez-Glasman, City Attorney
I HEREBY CERTIFY that the foregoing Ordinance was introduced at the regular meeting of the City Council on the 12th day of November, 2025, and was adopted by the City Council of the City of Montebello at its meeting held on the 12th day of November, 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________________
Christopher Jimenez, City Clerk

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ITEM # 12

CITY OF MONTEBELLO

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

BY: Joseph Palombi, Director of Planning & Community Development SUBJECT: INTRODUCE AND WAIVE FIRST READING OF ORDINANCE NO. 2485, AMENDING CHAPTER 8.32 OF THE MONTEBELLO MUNICIPAL CODE

TO EXPAND THE PROHIBITION OF SMOKING TO INCLUDE PLACES

OF EMPLOYMENT, PUBLIC SPACES AND OUTDOOR AREAS
DATE: November 12, 2025
RECOMMENDATIONS:

It is recommended that the City Council:

1. Introduce and waive the first reading of Ordinance No. 2485, amending Chapter

8.32, entitled Smoking, of the Montebello Municipal Code (“MMC”), to expand the prohibition of smoking to include places of employment, public spaces and outdoor areas, in order to protect public health and the environment; and

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

FISCAL IMPACT:

The recommended actions have no fiscal impact.

BACKGROUND/DISCUSSION:

The City of Montebello currently regulates smoking under Chapter 8.32 of the Montebello

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Municipal Code. The existing ordinance prohibits smoking in areas of city-owned buildings and city-owned vehicles. However, the current code does not adequately address smoking in places of employment and outdoor areas where secondhand smoke exposure may still occur.

In recent years, neighboring cities have expanded their smoking regulations to include outdoor spaces such as parks, dining patios, event areas, and other shared environments. These regulations aim to reduce exposure to secondhand smoke and vapor, minimize environmental impacts from tobacco litter, and promote healthier public spaces.

The City has engaged with representatives from the Community Health Alliance for Healthy Outdoor Spaces (“CAHOS”), a community-led coalition that provides education and outreach to Montebello residents on the dangers of secondhand smoke exposure in outdoor and public spaces. Discussions with CAHOS have included findings from community workshops and public opinion surveys, which indicate strong community support for expanding smoke-free protections to include places of employment and outdoor areas such as parks, outdoor dining spaces, and public gathering venues. The feedback received underscores the community’s interest in creating cleaner, safer, and more health-conscious public environments throughout the City.

ENVIRONMENTAL:

Pursuant to the provisions of the California Environmental Quality Act (“CEQA”), the proposed ordinance amending MMC Chapter 8.32 does not have the potential to degrade the quality of the environment or have a significant effect on the environment. Actions proposed in the Code Amendment are not considered a “project” under CEQA Guidelines Section 15378 in that there is no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

Additionally, the proposed Ordinance amending MMC Chapter 8.32 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 amending MMC Chapter 8.32 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:

As stated in Chapter 8.32 of the Montebello Municipal Code, the City Council has determined that there is substantial evidence demonstrating that smoking in any form poses a serious hazard to the health of the general public and City employees, as well as an irritation, inconvenience, and discomfort to individuals in enclosed areas. To protect public health, safety, and welfare, the declared purpose of Chapter 8.32 is to promote a policy of non-tobacco use in all areas of City-owned buildings and vehicles, unless

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specifically exempted.

In an effort to further safeguard the health and welfare of the community, City staff in collaboration with CAHOS is proposing a text amendment to Chapter 8.32 of the Montebello Municipal Code to expand the prohibition of smoking (including vaping, electronic smoking devices, and cannabis) to include places of employment and outdoor areas such as recreational areas, service areas, outdoor dining areas, public event areas, and other outdoor public spaces.

The proposed text amendment is consistent with the goals and policies of the City’s General Plan, particularly Element No. 5 entitled “Our Healthy Community,” which encourages the prohibition of smoking in public spaces and the promotion of healthy lifestyles. This measure supports the City’s commitment to preventive health and environmental quality by protecting public health, reducing litter and fire hazards, and improving overall air quality within Montebello.

PROPOSED TEXT CODE AMENDMENT
Staff is recommending the following changes to Chapter 8.32 of the Montebello Municipal Code (proposed new language is underlined, while removed language is stricken):

Chapter 8.32 SMOKING

8.32.010 Purpose.

The city council has determined that there is ample evidence that smoking in any form is a serious hazard to the health of members of the general public and city employees and an irritation, inconvenience and discomfort to persons in enclosed and outdoor areas. In order to serve the public health, safety and welfare, the declared purpose of this chapter is to promote a policy of not smoking by any means such as nontobacco use, or any weed or plant, in all areas of city-owned buildings or, and in city-owned vehicles, -unless exempted, and recreational areas, places of employment, outdoor dining and drinking areas, service areas, public event areas, and other publicly accessible outdoor spaces within the City.

8.32.020 Definitions.

The words and phrases used in this chapter shall have the following meanings unless from the context a different meaning is apparent:
“Cannabis” has the meaning set forth in California Business and Professions Code Section 26001, as that section may be amended from time to time. "City-owned building" means any building owned or leased and in use by the city. City-owned building shall not include any building owned in part by the city redevelopment agency which is also partly owned by private individuals or corporations under a disposition and development agreement or owner participation agreement; city-owned buildings include, but are not limited to, the Montebello senior citizens center, Taylor Ranch, parks and recreation, corporate yard, police department, fire department and city hall.
"City-owned vehicle" means any vehicles owned or leased and in use by the city of Montebello. “Electronic smoking device” means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including but not limited to an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah.

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“Employee” means any person who is employed or retained as an independent contractor by any employer in consideration for direct or indirect monetary wages or profit, or any person who volunteers his or her services for an employer.
“Employer” means any person or nonprofit entity that retains the service of one or more employees.
"Exceptions" means any building or designated area identified in writing by the city manager as exempt from the provisions of this chapter.
“Outdoor Dining Area” means any publicly or privately owned outdoor area including, but not limited to, patios, streets and sidewalks, that is available to or customarily used by the general public or an employee, and that is designed, established, or regularly used for consuming food or drink. An outdoor dining area also includes temporary dining areas, such as a food truck, stall, or cart. “Person” means any human, business, corporation, partnership, cooperative association, personal representative, receiver, trustee, assignee, or any other legal entity. “Place of employment” means an area under the control of an employer that an employee or the general public has access to in the normal course of operations, regardless of the hours of operation, including, but not limited to, work areas and construction sites. “Public event areas” means any publicly or privately owned place used for an event open to the general public, regardless of any fee or age requirement, including, but not limited to, a farmers’ market, parade, fair, festival, or concerts.
“Public place” means any publicly or privately owned place that is open to the general public, regardless of any fee or age requirement, including, but not limited to, sidewalks, streets, parking lots, plazas, shopping areas, stadiums, or sporting facilities. “Recreational area” means any publicly or privately owned area [including streets and sidewalks located within the area,] that is open to the general public for recreational purposes, regardless of any fee or age requirement. The term “recreational area” includes, but is not limited to, facilities, parks, playgrounds, athletic fields, restrooms, beaches, picnic areas, spectator and concession areas, golf courses, walking paths, gardens, hiking trails, bike paths, riding trails, roller and ice-skating rinks, skateboard parks, amusement parks, zoos, and aquatic areas. “Service area” means any publicly or privately owned area, including streets and sidewalks, that is designed to be used or is regularly used by one or more persons to receive a service, wait to receive a service, or to make a transaction, whether or not such service or transaction includes the exchange of money. The term “service area” includes, but is not limited to, areas including or within 25 feet of information kiosks, automatic teller machines (ATMs), service lines, bus stops or shelters, or cab stands.
“Smoke” or “Smoking” means:
(1) inhaling, exhaling, or burning, any tobacco, nicotine, cannabis, or plant product, whether natural or synthetic;
(2) carrying any lighted, heated, or activated tobacco, nicotine, cannabis, or plant product, whether natural or synthetic, intended for inhalation; or (3) using an electronic smoking device or hookah.
“Smoking” does not include the use of traditional, sacred tobacco as part of an Indigenous practice or a lawfully recognized religious, spiritual, or cultural ceremony or practice. "Smoking" means the burning of any form of tobacco, in a pipe, cigar or a cigarette or any other device used for burning of tobacco or other similar combustible material so that the person in possession thereof can inhale and exhale the smoke therefrom. “Tobacco product” means:
(1) any product that is made from or derived from commercial tobacco, or that contains nicotine, that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or

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ingested by any other means, including, but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus;
(2) any electronic smoking device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine; or (3) any component, part, or accessory of (1) or (2), whether or not any of these contains tobacco or nicotine, including but not limited to filters, rolling papers, blunt or hemp wraps, hookahs, mouthpieces, and pipes.
“Tobacco product” does not include drugs, devices, or combination products approved for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.
“Tobacco product use” means the act of smoking, vaping, or the consumption of any tobacco product or nicotine product in any form.
“Unenclosed area” means any area that is not an enclosed area.

8.32.030 Prohibition.

Smoking is prohibited in the following locations: all city-owned buildings and city-owned vehicles.
• City owned buildings
• City owned vehicles
• Recreational areas
• Outdoor dining and drinking areas
• Service areas
• Places of employment
• Public event areas
• Other publicly accessible outdoor spaces within the City

8.32.040 Signs.

Signs designating "no smoking" areas in city-owned buildings and in city-owned vehicleswhere smoking is prohibited, shall be clearly, sufficiently and conspicuously posted. The manner of such posting, including the wording, size, color, design, and place of posting, shall be determined by the city manager or his/her designee.

8.32.050 Violation—Penalty.

Any person who violates any provision of this chapter shall be guilty of an infraction and, notwithstanding any other provision of this code to the contrary, upon conviction thereof, may be punished by a warning for the first offense, a fine of not more than fifty dollars for the second offense, and one hundred dollars for the third and subsequent offenses.

SUMMARY:

The proposed text amendment expanding the prohibition of smoking to include places of employment and outdoor areas conforms with the Montebello General Plan as it will enhance public health, improve environmental quality, and align Montebello with regional efforts to provide smoke-free environments for residents and visitors. Therefore, it is recommended that the City Council introduce and waive first reading of Ordinance No. 2485, amending Chapter 8.32 -Smoking, of the Montebello Municipal Code, to expand

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the prohibition of smoking to include places of employment, public spaces and outdoor areas as provided in Attachment A, hereto and incorporated by reference.

ATTACHMENT(S)

1. Attachment A - Ordinance No. 2485

2. Attachment B - CEQA Statutory Exemption

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ORDINANCE NO. 2485

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MONTEBELLO, CALIFORNIA, AMENDING CHAPTER 8.32 OF THE

MONTEBELLO MUNICIPAL CODE TO EXPAND THE PROHIBITION OF

SMOKING TO INCLUDE PLACES OF EMPLOYMENT, PUBLIC SPACES

AND OUTDOOR AREAS
WHEREAS, the City of Montebello (“City”) is a general law city, incorporated under the laws of the State of California, with the power to make and enforce within its jurisdictional limits all local, police, sanitary, land use, and other ordinances and regulations not in conflict with general laws of the state; and WHEREAS, the City currently regulates smoking under Chapter 8.32 of the Montebello Municipal Code. The existing ordinance prohibits smoking in areas of cityowned buildings and city-owned vehicles; and WHEREAS, the City Council desires to amend Chapter 8.32 of the Montebello Municipal Code (“MMC”) in an effort to further safeguard the health and welfare of the community by expanding the prohibition of smoking (including vaping, electronic smoking devices, and cannabis) to include places of employment and outdoor areas such as recreational areas, service areas, outdoor dining areas, public event areas, and other outdoor public spaces; and
WHEREAS, the City Council desires to amend Chapter 8.32 of the MMC pursuant to this Ordinance to enhance public health and improve environmental quality; and

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

SECTION 1. RECITALS. The above recitals are true and correct and hereby incorporated into this Ordinance.

SECTION 2. AMENDMENT. Chapter 8.32 of the Montebello Municipal Code is hereby amended to read as follows (new language is underlined, while removed language is stricken):

Chapter 8.32 SMOKING

ATTACHMENT A

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8.32.010 Purpose.

The city council has determined that there is ample evidence that smoking in any form is a serious hazard to the health of members of the general public and city employees and an irritation, inconvenience and discomfort to persons in enclosed and outdoor areas. In order to serve the public health, safety and welfare, the declared purpose of this chapter is to promote a policy of not smoking by any means such as nontobacco use, or any weed or plant, in all areas of city-owned buildings or, and in cityowned vehicles, -unless exempted, and recreational areas, places of employment, outdoor dining and drinking areas, service areas, public event areas, and other publicly accessible outdoor spaces within the City.

8.32.020 Definitions.

City-owned building shall not include any building owned in part by the city redevelopment agency which is also partly owned by private individuals or corporations under a disposition and development agreement or owner participation agreement; city-owned buildings include, but are not limited to, the Montebello senior citizens center, Taylor Ranch, parks and recreation, corporate yard, police department, fire department and city hall.
"City-owned vehicle" means any vehicles owned or leased and in use by the city of Montebello.
“Electronic smoking device” means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including but not limited to an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. “Employee” means any person who is employed or retained as an independent contractor by any employer in consideration for direct or indirect monetary wages or profit, or any person who volunteers his or her services for an employer. “Employer” means any person or nonprofit entity that retains the service of one or more employees.
"Exceptions" means any building or designated area identified in writing by the city manager as exempt from the provisions of this chapter.
“Outdoor Dining Area” means any publicly or privately owned outdoor area including, but not limited to, patios, streets and sidewalks, that is available to or customarily used by the general public or an employee, and that is designed, established, or regularly used for consuming food or drink. An outdoor dining area also includes temporary dining areas, such as a food truck, stall, or cart.
“Person” means any human, business, corporation, partnership, cooperative association, personal representative, receiver, trustee, assignee, or any other legal entity.

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ORDINANCE NO. 2485

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“Place of employment” means an area under the control of an employer that an employee or the general public has access to in the normal course of operations, regardless of the hours of operation, including, but not limited to, work areas and construction sites.
“Public event areas” means any publicly or privately owned place used for an event open to the general public, regardless of any fee or age requirement, including, but not limited to, a farmers’ market, parade, fair, festival, or concerts. “Public place” means any publicly or privately owned place that is open to the general public, regardless of any fee or age requirement, including, but not limited to, sidewalks, streets, parking lots, plazas, shopping areas, stadiums, or sporting facilities. “Recreational area” means any publicly or privately owned area [including streets and sidewalks located within the area,] that is open to the general public for recreational purposes, regardless of any fee or age requirement. The term “recreational area” includes, but is not limited to, facilities, parks, playgrounds, athletic fields, restrooms, beaches, picnic areas, spectator and concession areas, golf courses, walking paths, gardens, hiking trails, bike paths, riding trails, roller and ice-skating rinks, skateboard parks, amusement parks, zoos, and aquatic areas.
“Service area” means any publicly or privately owned area, including streets and sidewalks, that is designed to be used or is regularly used by one or more persons to receive a service, wait to receive a service, or to make a transaction, whether or not such service or transaction includes the exchange of money. The term “service area” includes, but is not limited to, areas including or within 25 feet of information kiosks, automatic teller machines (ATMs), service lines, bus stops or shelters, or cab stands. “Smoke” or “Smoking” means:
(1) inhaling, exhaling, or burning, any tobacco, nicotine, cannabis, or plant product, whether natural or synthetic;
(2) carrying any lighted, heated, or activated tobacco, nicotine, cannabis, or plant product, whether natural or synthetic, intended for inhalation; or (3) using an electronic smoking device or hookah.
“Smoking” does not include the use of traditional, sacred tobacco as part of an Indigenous practice or a lawfully recognized religious, spiritual, or cultural ceremony or practice.
"Smoking" means the burning of any form of tobacco, in a pipe, cigar or a cigarette or any other device used for burning of tobacco or other similar combustible material so that the person in possession thereof can inhale and exhale the smoke therefrom. “Tobacco product” means:
(1) any product that is made from or derived from commercial tobacco, or that contains nicotine, that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means, including, but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus; (2) any electronic smoking device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine; or

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ORDINANCE NO. 2485

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(3) any component, part, or accessory of (1) or (2), whether or not any of these contains tobacco or nicotine, including but not limited to filters, rolling papers, blunt or hemp wraps, hookahs, mouthpieces, and pipes.
“Tobacco product” does not include drugs, devices, or combination products approved for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.
“Tobacco product use” means the act of smoking, vaping, or the consumption of any tobacco product or nicotine product in any form.
“Unenclosed area” means any area that is not an enclosed area.

8.32.030 Prohibition.

Smoking is prohibited in the following locations: all city-owned buildings and cityowned vehicles. • City owned buildings
• City owned vehicles
• Recreational areas
• Outdoor dining and drinking areas
• Service areas
• Places of employment
• Public event areas
• Other publicly accessible outdoor spaces within the City

8.32.040 Signs.

8.32.050 Violation—Penalty.

SECTION 3. CEQA. Pursuant to the provisions of the California Environmental Quality Act (“CEQA”), the proposed ordinance amending MMC Chapter 8.32 does not have the potential to degrade the quality of the environment or have a significant effect on the environment. Actions proposed in the Code Amendment are not considered a “project” under CEQA Guidelines Section 15378 in that there is no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect

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ORDINANCE NO. 2485

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physical change in the environment. The Code Amendment would also be exempt under the commonsense exemption pursuant to CEQA Guidelines Section 15061(b)(3). 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 amending MMC Chapter 8.32 does not, in itself, result in any physical changes to the environment, it can be determined with certainty that the proposed action will not have a significant environmental impact.

SECTION 4. SEVERABILITY. If any action, subsection, line, sentence, clause, phrase, or word of this Ordinance is for any reason held to be invalid or unconstitutional, either facially or as applied, by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, and each and every individual section, subsection, line, sentence, clause, phrase, or word without regard to any such decision.

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

SECTION 6. PUBLICATION. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published or posted according to law.

PASSED, APPROVED, AND ADOPTED 12TH DAY OF NOVEMBER 2025. _______________________________
Salvador Melendez, Mayor
ATTEST:
_______________________________
Christopher Jimenez, City Clerk
APPROVED AS TO FORM:
_______________________________
Arnold M. Alvarez-Glasman, City Attorney

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ORDINANCE NO. 2485

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I HEREBY CERTIFY that the foregoing Ordinance was introduced at the regular meeting of the City Council on the 12th day of November, 2025, and was adopted by the City Council of the City of Montebello at its meeting held on the 12h day of November, 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________________
Christopher Jimenez, City Clerk

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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: Text Code Amendment to Chapter 8.32 entitled Smoking, of the Montebello Municipal Code Project Location: Citywide
Case Number(s): Ordinance No. 2485 & ENV No. 15-25
Description of Nature, Purpose, and Beneficiaries of Project: A Text Code Amendment to Chapter 8.32 of the Montebello Municipal Code (“MMC”) to expand the prohibition of smoking (including vaping, electronic smoking devices, and cannabis) to include places of employment and outdoor areas such as recreational areas, service areas, outdoor dining areas, public event areas, and other outdoor public spaces., and adoption of CEQA Exemption Section 15378 and Statutory CEQA Exemption Section 15061(b)(3) -Common Sense Exemption.

Name of the Public Agency Approving the Project: City of Montebello Name of Person or Agency Carrying Out the Project: City of Montebello 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: 15378 Statutory Exemptions. State code number: 15061(b)(3)
Justification for Project Exemption:

Pursuant to the provisions of the California Environmental Quality Act, the proposed ordinance amending MMC Chapter

8.32 does not have the potential to degrade the quality of the environment or have a significant effect on the environment.

Actions proposed in the Code Amendment are not considered a “project” under CEQA Guidelines Section 15378 in that there is no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

Lead Agency Contact Person: Joseph Palombi, Director of Planning & Community Development Department Area Code/Telephone/Extension: (323) 887-1200, ext.1598 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 B

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ITEM # 13

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Arnold Alvarez-Glasman, City Attorney

BY: Arnold Glasman, City Attorney
SUBJECT: AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT NO. 4165

BETWEEN RAUL ALVAREZ AND THE CITY OF MONTEBELLO
DATE: November 12, 2025
RECOMMENDATIONS:

It is recommended that the City Council:

1. Approve the First Amendment to Employment Agreement No. 4165 (“First Amendment”) between City Manager Raul Alvarez and the City of Montebello

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

FISCAL IMPACT:

The current annual salary for the City Manager is $275,000. The new annual salary for the City Manager will be $315,000 as of FY 2025-26 for a total increase of $40,000.

For comparison purposes, below is a chart with the City Manager salaries of neighboring cities. It is important to note that the average salary for each of these cities is $341,792.

BACKGROUND/DISCUSSION:

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On November 23, 2023, the City Council appointed Mr. Raul Alvarez to the position of City Manager. The appointment of Mr. Alvarez was made after a competitive recruitment process that was conducted by Ralph Anderson and Associates. Mr. Alvarez’s appointment was made after careful consideration of his education, background, and professional experience.

Notably, as a product of Montebello, Mr. Alvarez brought a unique and personal understanding of the City and its residents. Academically, Mr. Alvarez has a degree in Political Science from UCLA and a Master’s in Public Administration from California State University, Long Beach. Additionally, he has an Executive Education Certificate in Social Innovation from the Sol Price Center of Social Innovation at the University of Southern California. Professionally, Mr. Alvarez brings more than 15 years of experience in state and local government where he served as an Assistant City Manager for two municipalities and Senior Advisor to the Speaker of the California, State Assembly.

As the City Manager for Montebello, Mr. Alvarez has performed admirably. In this capacity, Mr. Alvarez is responsible for day-to-day operations of the City which has over 560 employees and ten departments that are responsible for direct municipal services for approximately 64,000 residents within 8.3 square miles. Additionally, Mr. Alvarez is tasked with overseeing a Police Department, a Fire Department, and the third largest transit system in Los Angeles County. Fiscally, Mr. Alvarez manages an annual operating budget of $226.2 million (FY 2025-26).

During his tenure, Mr. Alvarez has fostered a positive work-environment rooted in transparency and inclusivity for the City Council, staff, and residents while managing the City through a difficult transition period. Specifically, he has enacted policies and initiatives that have created stability and positive morale amongst rank-in-file employees.

Overall, Mr. Alvarez has been an effective leader and has put the City on a path for future success.

For your consideration, below is a brief list of the accomplishments that have occurred during Mr. Alvarez’s tenure:

1. Adopted Budget Surpluses for Fiscal Years 2024 and 2025:
- FY 2024-25 adopted budget of $226.9 million with a $562,700 surplus - FY 2025-26 adopted budget of $226.2 million with a $894,700 surplus

2. Established Community Budget Meetings throughout the City.

3. Successfully Negotiated Nine Labor Agreements since 2024.

4. Secured New Developments Leading to Increased Sales Tax Revenue for the City Opened Developments as of October 2025
- Tesla Facility
- Ace Hardware
- Nothing Bundt Cakes

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- Downtown revitalization businesses: 213 Beauty, Goddess Mercado, Roam and Brew Coffee, and Sun Tea.
- Entrepreneur Driven Businesses: Organica Juice Bar, Concha’s Café, Golden Tax Services
Future Developments Opening in 2026
- Dutch Brothers Coffee – Opening Spring 2026
- Hobby Lobby – Opening Spring 2026
- Yard House Restaurant – Opening Fall 2026
- Round 1 Entertainment – Opening Fall 2026

5. Established Oversized Vehicle Ordinance which regulates trailers, campers, and inoperable vehicles from parking on residential streets.

6. Re-instated the Traffic Commission which is as a governing body of residents chosen by the City Council that oversees traffic matters.

7. Received Urban Greening Grant in the amount of $770,000 to create a Tree Management Plan in addition to planting 500 trees throughout the City’s residential neighborhoods.

8. Increased Health Benefits for all City Employees for the first time in 16 years by increasing the employer contribution dollar amount.

9. Established CLEAN Task Force which addresses issues such as vacant property maintenance, illegal dumping, graffiti, and homelessness. This team is a collaboration among city departments working together to cite, monitor, and remediate these vacant properties.

10. Re-Established the Park Safety Division to have police personnel at all City parks during operating hours. To date, the Park Safety Division has significantly reduced crime and vandalism at the parks.

11. Opened the first Dog Park in the City at Henry Acuna Park.

12. Secured $1.5 million grant from the State towards the creation of a Wildland Fire Station.

13. City received the Daniel Burnham National Planning Award for the General Plan, Downtown Specific Plan, and Bicycle Plan.

14. City received award for the Most Business-Friendly City in Los Angeles County – Small City Category by the Los Angeles County Economic Development Corporation On September 10, 2025, the City Council conducted a performance evaluation of the City Manager and provided direction to prepare a First Amendment to the Employment Agreement.

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The First Amendment as presented provides the following:
• Extend the Term of Employment for the City Manager from November 13, 2025 to November 13, 2030 (5 year period).
• Include a salary adjustment to reflect the positive work performance, setting it at $315,000 annually for the term of the Amendment.
• Add requirement that four (4) affirmative votes from the City Council are needed to terminate the City Manager.
• Add clarifying language that full medical, dental, and health for the City Manager and his eligible dependents shall take effect immediately upon the date of separation from the City.
• Add requirement that the City agrees to pay the full eight (8%) percent CalPERS contribution on behalf of the City Manager.

As required by law, all changes to salary and benefits of high-ranking City officials are required to be considered and approved in an open session of a regular City Council meeting. The City Council directed the City Attorney’s office to prepare an amendment consistent with the changes expressed above. The First Amendment is attached for consideration and approval (Attachment A).

ENVIRONMENTAL:

N/A
ANALYSIS:

N/A
SUMMARY:

It is recommended that the City Council approve the First Amendment to Employment Agreement No. 4165 (Attachment A) between City Manager Raul Alvarez and the City of Montebello.

ATTACHMENT(S)

1. ATTACHMENT A - Alvarez First Amendment to Employment Agreement #4165

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AMENDMENT NO. 1 TO AGREEMENT NO. 4165

FIRST AMENDMENT TO CITY MANAGER EMPLOYMENT AGREEMENT

BETWEEN THE CITY OF MONTEBELLO AND

RAUL ALVAREZ
This FIRST AMENDMENT TO CITY MANAGER EMPLOYMENT

AGREEMENT BETWEEN THE CITY OF MONTEBELLO AND RAUL ALVAREZ (“First Amendment”) is entered into on the 12th day of November, 2025, by and between the CITY OF MONTEBELLO, a Municipal Corporation, hereinafter referred to as “City” and RAUL ALVAREZ, hereinafter referred to as “Employee,” amending certain terms of employment as provided in the CITY MANAGER EMPLOYMENT AGREEMENT BETWEEN THE CITY OF MONTEBELLO AND RAUL ALVAREZ (“Agreement”) entered into and effective November 22, 2023. This First Amendment becomes effective November 13, 2025.

I. RECITALS
A. On November 22, 2023, City and Employee entered into an Employment Agreement whereby Employee was appointed as and employed to serve in the position of City Manager and to exercise the powers and duties set forth in Chapter 2.04 of the Montebello Municipal Code.

B. All terms and conditions of employment contained in the original Agreement and not specifically amended by this First Amendment shall remain in full force and effect.

NOW, THEREFORE, City and Employee agree as follows:

II. AMENDMENT TO AGREEMENT
The following Sections to the Agreement are amended to read as follows:
(a) Section 2 of the Agreement is amended as follows:

2. Term. Unless sooner terminated, the period of the original Term as defined in the Agreement, is hereby extended and a new term of employment for Employee shall consist of five (5) years, beginning November 13, 2025, and continuing to November 12, 2030 (“Extended Term”). Unless otherwise specified, all the provisions, terms, and conditions of this Agreement and First Amendment shall apply to both the original Term and this Extended Term. All other terms, conditions or obligations of the Agreement or this First Amendment shall automatically be extended, incorporated and in effect unless express modification is made in writing; and in no way, however, shall the terms and conditions be lessened or decreased below the terms of this Agreement and this First Amendment. It is

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the intent of this section that the Parties shall not have to re-negotiate each of the terms of this Agreement each time the Agreement may be extended. (b) Sections 6. A. and 6.C.(1), (7), and (11) of the Agreement are amended as follows:

Section 6.A is amended as follows:

A. Base Salary
As a result of the positive work performance of the City Manager, the City agrees to pay Employee a new base salary of $315,000.00 a year, effective November 13, 2025, subject to legally permissible or required deductions and withholding, prorated and paid on City’s normal paydays (“Base Salary”). Salary payments shall be made in payroll period installments at the same time as other employees of City are paid. Employee shall be exempt from the overtime pay provisions of California law (if any) and federal law.

Section 6.C.(1) is amended as follows:
(1) Medical, Dental and Health Benefit Plans. As set forth in the Agreement, upon completion of one year of employment from the Commencement Date, as set forth herein, Employee shall be entitled, upon Employee’s retirement or separation from the City, to receive and the City shall pay for lifetime Medical, Dental, and Health Benefits for himself and his eligible dependents in an amount and on the same basis to that which is provided to the Montebello Executive Management Association (MEMA). The benefits set forth in this Section 6.C (1) took effect for Employee on November 22, 2024 (one year of employment). This section is amended to clarify that full medical, dental, and health for Employee and his eligible dependents shall take effect immediately on the date after Employee’s employment ends with the City by either resignation or termination.

Section 6.C.(7) is amended as follows:
(7) Retirement. Employee is currently enrolled in the City’s retirement plan with the California Public Employees’ Retirement System (CalPERS), subject to the applicable benefit formula, terms and conditions provided in the contract between City and CalPERS and subject to applicable state law and regulations. Employee is a “Classic Employee” under the Public Employees’ Pension Reform Act of 2013 and is covered by the City’s formula of 2.7@55. CalPERS requires an eight (8%) percent contribution for Employee towards his retirement benefits. With this First Amendment, the City agrees to pay the full eight (8%) percent CalPERS contribution on behalf of Employee commencing November 13, 2025.

An additional paragraph is added to subsection 6.C.(11), which reads as follows:

In addition to the Base Salary stated above, Employee is entitled to receive all salary benefits approved for the Montebello Executive Management Association (MEMA) including, but not limited to, salary increases, bilingual pay, longevity

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pay, educational reimbursement programs, health benefits, jury duty compensation, education incentive pay, sick leave, vacation accruals, deferred compensation, technology stipend, and auto allowance.
(c) Section 10 of the Agreement is amended as follows:

10. At-Will Employment Relationship.

Employee acknowledges and accepts that he may be terminated without cause at any time and he serves as an at-will employee. Notwithstanding the language contained in Montebello Municipal Code Section 2.04.060, the City agrees that in order to terminate Employee pursuant to Section 10 of this Agreement it will require an affirmative vote of four (4) members of the City Council (abstentions will not be counted as an affirmative votes for termination and if there is less than five (5) members seated on the City Council, it will require a unanimous vote to terminate).
(d) Section 11.A. of the Agreement is amended as follows:

11. Severance.

A. In the event that Employee is terminated from his position by the City Council before the expiration of the Extended Term, and he is willing and able to continue performing his duties as City Manager, then City agrees to pay Employee as severance his Base Salary, including all benefits, which Employee is receiving as of the date of such termination, (“Severance Benefit”) for a period as defined as follows:

If terminated as set forth in Section 10, Employee shall receive Employee severance pay of a lump sum cash payment of eighteen (18) months of Base Salary and other benefits which are included in the Severance Benefit as defined in the preceding paragraph (“Total Severance”) on the date of termination. [All other language from Section 11 from the Agreement remains unchanged]
III. ALL OTHER TERMS AS SET FORTH IN PREVIOUS AGREEMENTS SHALL REMAIN IN FULL FORCE AND EFFECT.

This First Amendment integrates all terms and conditions mentioned herein or incidental hereto and supersedes all negotiations or previous understandings between the parties. Except as specifically set forth herein, all other terms of the Agreement shall remain in full force and effect. In the event of a conflict between the terms of this First Amendment and the Agreement, the terms of this First Amendments shall control. [END OF TEXT. SIGNATURE PAE TO FOLLOW.]

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Amendment No. 1 to Employment Agreement No. 4165

Page 4 of 4 ends

IN WITNESS WHEREOF, the City of Montebello (CITY) has caused this First Amendment to be signed and executed on its behalf by its Mayor and duly attested by its City Clerk, and Raul Alvarez has signed and executed this FIRST AMENDMENT TO

CITY MANAGER EMPLOYMENT AGREEMENT BETWEEN CITY OF
MONTEBELLO AND RAUL ALVAREZ, in triplicate, the day and year first written above.

RAUL ALVAREZ: CITY OF MONTEBELLO:
__________________________ _______________________________ Raul Alvarez Salvador Melendez, Mayor
ATTEST: APPROVED AS TO FORM:

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

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ITEM # 14

CITY OF MONTEBELLO

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

BY: Monique Dellibovi, Grant and Project Administrator
SUBJECT: ACCEPT AWARD OF CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS) SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP)

GRANT FUNDS
DATE: November 12, 2025
RECOMMENDATIONS:

It is recommended that the City Council:

2. Amend the Fiscal Year 2025-26 budget and increase appropriations by $115,000 in Account Nos. 265-8013-800-5010.10, 6000.20 and 6020, (Grants, OTS-STEP, PD Administration, Overtime, Supplies-Non-Durable and Travel and Meetings [expenditures] and 265-99-4198.97 (Grants, OTS Grants [revenue]); and,

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

FISCAL IMPACT:

The City of Montebello has been awarded $115,000 from the State Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) Grant Program (“Grant”). Although the City must pay upfront costs, all related, authorized, expenditures will be reimbursed by the Grant on a quarterly basis for an amount up to $115,000.

The funds are to be distributed to a specific OTS-STEP account which will reflect the following budget (Account No. 265-8013-800, Grants, OTS-STEP, PD Administration):

1. Personnel Costs – Overtime (5010.10) $102,400

2. Travel Expenses (6020) $3,400

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CITY COUNCIL AGENDA REPORT - MEETING OF NOVEMBER 12, 2025

Page 2 of 3 ends

3. Supplies (6000.20) $9,200
TOTAL $115,000
The recommended action requires amending the Fiscal Year 2025-26 budget by increasing appropriations by $115,000 in Account Nos. 265-8013-800-5010.10, 6000.20 and 6020, (Grants, PD Administration, OTS-STEP, Overtime, Supplies-Non-Durable and Travel and Meetings [expenditures] and 265-99-4198.97 (Grants, OTS Grants [revenue]).

BACKGROUND/DISCUSSION:

On October 21, 2025, the City was awarded an OTS-STEP Grant in the amount of $115,000. The performance period of the grant is October 1, 2025, to September 30, 2026. Funding from this grant has been approved for traffic operations and other miscellaneous traffic and checkpoint supplies.

The Police Department has primarily focused on reducing alcohol and speed-related collisions. Through the use of educational campaigns that focus on traffic safety topics such as distracted driving and primary collision factors, the Police Department will continue to educate the community on the importance of safe driving practices. The Police Department is currently adding staff to the traffic unit, adding traffic safety equipment, and expanding training opportunities.

The goal is to use the Grant funds towards the enforcement of traffic laws, educating the public in traffic safety, and providing varied and effective means of reducing fatalities, injuries, and economic losses from collisions. These tasks will be achieved through a focused traffic enforcement plan utilizing operations that are data-driven and that the Police Department has the capacity to complete.

ENVIRONMENTAL:

N/A
ANALYSIS:

Best practice strategies will be implemented to reduce the number of persons killed and injured in crashes involving alcohol/drugs and primary collision factors that are prevalent in the City, including speeding, tailgating, illegal U-turns, and stop-sign violations. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary collision factors, distracted driving, nighttime seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian collisions, and educational presentations on topics such as child passenger safety, occupant protection, and senior driving.

These strategies and campaigns will be advertised on the City’s website and social media with the goal of capturing the communities’ attention to encourage safe driving practices.

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CITY COUNCIL AGENDA REPORT - MEETING OF NOVEMBER 12, 2025

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SUMMARY:

The City has been awarded a STEP Grant from OTS in the amount of $115,000. City Council is being asked to authorize the proposed use of the Grant as further outlined in the attached Grant Agreement (Attachment A) and amend the FY 2025-26 budget by increasing appropriations by $115,000 in Account Nos. 265.8013-800-5010.10, 6000.20 and 6020, (Grants, OTS-STEP, PD Administration, Overtime, Supplies-Non-Durable and Travel and Meetings [expenditures] and 254-99-4198.97 (Grants, OTS Grants [revenue]).

ATTACHMENT(S)

1. OTS STEP Grant Signed Agreement 25-26

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State of California – Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
PT26049

1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)

2. NAME OF AGENCY 3. Grant Period
Montebello From:

To:
10/01/2025
09/30/2026 4. AGENCY UNIT TO ADMINISTER GRANT
Montebello Police Department

5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed:

Allocation is contingent upon availability of federal funds. $115,000.00

7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
 Schedule A – Problem Statement, Goals and Objectives and Method of Procedure  Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable)  Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable)  Exhibit A – Certifications and Assurances
 Exhibit B* – OTS Grant Program Manual
 Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto. These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.

We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Monique Dellibovi
Grants and Project Administrator
[email protected]
(323) 887-1243
1600 W. Beverly Blvd.

Montebello, CA 90640
ADDRESS: Luis Lopez
Chief of Police
[email protected]
(323) 887-1200 ext. 285
1600 West Beverly Boulevard
Montebello, CA 90640
{{_es_signer2_signature}} {{_es_signer2_date}} {{_es_signer4_signature}} {{_es_signer4_date}} (Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY ADDRESS: Michael Solorza
Director of Finance
[email protected]
(323) 887-1412
1600 W. Beverly Blvd.

Montebello, CA 90640
ADDRESS: Stephanie Dougherty
Director
[email protected]
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
{{_es_signer3_signature}} {{_es_signer3_date}} {{_es_signer6_signature}} {{_es_signer6_date}} (Signature) (Date) (Signature) (Date)
Monique DelliBovi (Oct 8, 2025 13:36:34 PDT)
Monique DelliBovi Oct 8, 2025 Michael Solorza (Oct 8, 2025 13:55:10 PDT) Michael Solorza Oct 8, 2025 Luis Lopez (Oct 21, 2025 10:38:41 PDT) Luis Lopez Oct 21, 2025 Oct 21, 2025 Page 48 of 1646
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E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu SAM #:

REGISTERED
ADDRESS:

CITY:

ZIP+4:

M8MYZCCFENF8
1600 W. Beverly Blvd
Montebello
90640-3932
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758

10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED

EXPENDITURES
405e DDL-26 20.616 0521-0890-101 2025 04/25 BA/25 $15,000.00 402PT-26 20.600 0521-0890-101 2025 04/25 BA/25 $25,000.00 164AL-26 20.608 0521-0890-101 2025 04/25 BA/25 $75,000.00

AGREEMENT
TOTAL $115,000.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$115,000.00

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE {{_es_signer5_signature}} {{_es_signer5_date}} $115,000.00 Carolyn Vu (Oct 21, 2025 10:41:13 PDT) Oct 21, 2025 Page 49 of 1646 10/7/2025 10:20:06 AM Page 3 of 21
State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
PT26049

1. PROBLEM STATEMENT
Describe the city, county, or jurisdiction this grant will impact.

The City of Montebello, located in Los Angeles County, is a vibrant community with a growing population and significant traffic challenges. Spanning approximately 8.25 square miles, Montebello is bordered by major freeways: the Santa Ana Freeway (I-5) to the south and the Pomona Freeway (SR-60) to the north.

Additionally, the Long Beach Freeway (710) and San Gabriel Freeway (605) are easily accessible, further contributing to heavy traffic flow.

As a gateway city, Montebello benefits from its proximity to downtown Los Angeles and its location along the borders of several neighboring cities, including Monterey Park, Pico Rivera, Rosemead, Commerce, and East Los Angeles. While primarily residential, the city has seen significant commercial growth with businesses such as the "Oasis" golf course, "Top Golf" sports bar and restaurant, and a large shopping mall that experiences heavy traffic, especially during peak seasons like the holidays. In addition to commercial areas, Montebello is home to five private schools, thirty-three schools within the Montebello Unified School District, and multiple nearby universities, adding to the congestion during peak hours. Montebello's position within one of the busiest counties in the nation, along with its high volume of commuters, shoppers, and residents, creates a perfect storm for ongoing traffic issues. To address these challenges, the Montebello Police Department is committed to implementing solutions that will help alleviate traffic congestion and improve safety for all who travel through the city.

Describe the problem(s) to be addressed, supported by current and relevant crash data. (most recent calendar year data/stats).

The Montebello Police Department is focusing on improving traffic safety in the city through a combination of enforcement and education. By utilizing advanced analytics and adhering to the highest standards, enforcement efforts will target the city's most common traffic issues. The department will also increase awareness by promoting safe driving habits and distributing educational materials. Through these initiatives, the department aims to reduce traffic crashes, injuries, and fatalities in Montebello.

The City of Montebello is fortunate to have an active community that is very aware and concerned of traffic trends. Social media has played a large role in creating this open and fluid communication. Through additional data analysis our department has seen a slight increase in traffic crashes. The data demonstrates that between the hours of 12:00 pm - 6:00 pm, nearly 50% of the crashes (220) occurred in 2024. Officers will focus their enforcement hours on these time frames to ensure the greatest impact of enforcement activities.

Montebello continues to experience traffic crashes where speeding is the main contributing factor. This year, there were 38 such crashes, showing a slight decrease from the previous year's 48, but the issue remains persistent in the city. The Department aims to prove that high-visibility traffic enforcement operations can effectively reduce speeding and improve road safety.

The City of Montebello Police Department has observed that the rate of crashes involving pedestrians and bicyclists continues to increase. This past year 15% of the total crashes involved a pedestrian or bicyclist and unfortunately this included 2 fatalities involving pedestrians. These figures represent 53 injured victims; a number that is much too high and unacceptable. The Department will continue to educate all road users on safe road sharing practices through enforcement operations.

The City of Montebello Police Department serves an area where many low-income individuals reside, areas in which families often times aren't able to afford proper helmets and bike safety gear. The Department will host bicycle rodeos, to educate elementary school age bicyclists on several safe riding topics including high visibility, safe riding practices, and safe road sharing practices. Bicycle helmets will be properly fitted and distributed to participants of the rodeos. The Department will distribute and properly fit helmets, distribute high visibility tape for bicycles, and provide bicycle maintenance checks for members of the community at events like National Night Out. The department will use the community events to educate parents and children about bicycle safety as well as use resources like social media to educate drivers about the

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importance of safely sharing the road with bicyclists. The Department actively works to survey and implement programs that are either deemed necessary or requested by the community.

An additional area of concern to our department and City is to ensure that the teen drivers of the community are practicing safe driving techniques. We currently have a hypothesis that due to the hours of the crash's occurrence; teen drivers might be more susceptible to being involved in crashes. Data shows that drivers between the ages of 18-30 made up 27% of the drivers at fault for crashes in 2023 and 26% in 2024. To help address this concern, the department will partner with local high schools, community colleges, and local universities to offer teen drivers safe driving educational presentations.

A troubling trend has emerged with alcohol-related crashes continuing to rise, with 23 cases in 2022 (including one fatality), 23 in 2023, and 24 in 2024 (also including one fatality). Given the pattern and timing of these incidents, it’s clear that addressing impaired driving is more crucial than ever. This year, the department plans to intensify its social media campaigns aimed at discouraging impaired driving, recognizing the urgent need for heightened awareness and intervention.

Define the target population the grant intends to serve and how they are affected by the problem(s).

Having the attention and willing participation of the community allows the Police Department to address trends as soon as they are identified. The support of the community lends itself to advocating to the City for necessary infrastructure changes to address and reduce the occurrence of traffic crashes wherever possible by adjusting speed limits, changing and upgrading signs, and improving roadways.

While additional data is needed to fully analyze the emerging trends, the department now has enhanced software and hardware to support this effort. The recent upgrade of the traffic reporting system, funded by OTS, allows for more up-to-date data analysis. Although it will take a few years to compile multi-year data, this is a promising start that will enable deeper insights. Additionally, the recent hiring of a Crime Analyst will help in reviewing the data and applying best practices to guide enforcement strategies. These initiatives and staffing expansions reflect both the department’s and the City’s commitment to achieving the Office of Traffic Safety's goals of reducing crashes and fatalities on our roads.

Montebello Police Department has diligently worked to identify and address traffic problems and concerns in the City of Montebello. The Office of Traffic Safety has allowed our efforts to make dramatic improvements, however, our work is not done. The efforts of this grant are personal goals for our department. Our collaborative efforts will create lasting changes that will reduce traffic injuries and lead to zero fatalities in the City of Montebello and surround regions.

2. PERFORMANCE MEASURES
A. Goals:

1. Reduce the number of persons killed in traffic crashes.

2. Reduce the number of persons injured in traffic crashes.

3. Reduce the number of pedestrians killed in traffic crashes.

4. Reduce the number of pedestrians injured in traffic crashes.

5. Reduce the number of bicyclists killed in traffic crashes.

6. Reduce the number of bicyclists injured in traffic crashes.

7. Reduce the number of persons killed in alcohol-involved crashes.

8. Reduce the number of persons injured in alcohol-involved crashes.

9. Reduce the number of persons killed in drug-involved crashes.

10. Reduce the number of persons injured in drug-involved crashes.

11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.

12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.

13. Reduce the number of motorcyclists killed in traffic crashes.

14. Reduce the number of motorcyclists injured in traffic crashes.

15. Reduce hit & run fatal crashes.

16. Reduce hit & run injury crashes.

17. Reduce nighttime (2100 - 0259 hours) fatal crashes.

18. Reduce nighttime (2100 - 0259 hours) injury crashes.

B. Objectives: Target Number

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1. Issue a news release announcing the kick-off of the grant by December 31st. The kick-off news releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 7 days prior to the issuance date of the release.
1 2. Distribute and properly fit OTS funded bicycle helmets at no cost to community members in need who receive bicycle helmet safety education. 65 3. Purchase bicycle helmets. 65

4. Participate and report data (as required) in the following campaigns; Quarter 1:

National Pedestrian Safety Month, National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: National Speed Prevention Campaigns, NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
12 5. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 6. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 5 7. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 5 8. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.
3 9. Conduct DUI Saturation Patrol operation(s). 14

10. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
6 11. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
7 12. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 1 13. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
2 14. Send law enforcement personnel to DUI Checkpoint Planning and Management training.
2 15. Utilize the oral fluid drug screening device at roadside to assist with identifying drug use during DUI investigations. Report on the use, accomplishments, or challenges associated with the use of the oral fluid drug screening device. 4 3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year)  The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.
 Conduct all training needed to implement the program, in the first quarter.  Purchase all grant related supplies and materials to implement the program, in the first quarter.

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 Items with a unit cost of $5,000 more (including tax and shipping) must comply with Buy America.  In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly.  Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.
 Oral Fluid Drug Screening Devices – The Grantee agrees to ensure all personnel using road-side drug testing equipment, including oral fluid drug screening devices, purchased with grant funds from this Grant Agreement, are trained to recognize alcohol and drug impairment. At a minimum, personnel using these devices should receive Standardized Field Sobriety Testing training.

These personnel are also encouraged to attend Advanced Roadside Impaired Driving Enforcement and Drug Recognition Evaluator training. Prior to using these devices, the Grantee agrees to obtain permission from their local prosecutor’s office, establish a policy ensuring appropriate use, and require the staff using these devices to receive appropriate training, which may include training from the manufacturer. This will help ensure the equipment is used appropriately. The Grantee shall advise the State (California Office of Traffic Safety) of any legal challenges or other items of significance that may affect the use or legal acceptance of these devices. Additionally, the State may request additional information about the performance of these devices, including information about their use, accuracy, and feedback from personnel using the devices.

Media Requirements
Issue a news release approved by the OTS PIO announcing the kick-off of the grant by December 31 and after the grant is signed and executed, but no sooner than October 1, the start of the grant year. The kick-off release must be approved by the OTS PIO. If you are unable to meet the December 31 deadline to issue a kick-off press release, communicate reasons to your OTS grant coordinator and OTS PIO.

B. Phase 2 – Program Operations (Throughout Grant Year) Media Requirements
The following requirements are for all grant-related activities:
 Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 Send all PowerPoint presentations, online presentations and trainings for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Certified training courses are EXEMPT from the approval process.
 The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the OTS grant coordinator.  Pre-approval is not required when using any OTS-supplied template for media advisories, news releases, social media graphics, videos or posts, or any other OTS-supplied educational material.

However, copy the OTS PIO at [email protected] and your OTS grant coordinator when any material is distributed to the media and public, such as a news release, educational material, or link to social media post.
 If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator.
 News releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are EXEMPT from the OTS PIO approval process.

The OTS PIO and your OTS grant coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).

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 Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are EXEMPT from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your OTS grant coordinator with the embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email.  Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval.
 Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
 Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS grant coordinator for approval prior to the production or duplication.  Use the following standard language in all press, media, and printed materials, space permitting:

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.  Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult the OTS PIO and copy your OTS grant coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.
 Email the OTS PIO at [email protected] and copy your OTS grant coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.

If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grantrelated event or program. Media and program highlights are to be reflected in QPRs.  Any news releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received OTS PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.
 For additional guidance, refer to the OTS Grants Materials Approval Process Guidelines and OTS Grants Media Approval Process FAQs on the OTS website.  Contact the OTS PIO or your OTS grant coordinator for consultation when changes from any of the above requirements might be warranted.

C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)

1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)

2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
 Collect and report quarterly, appropriate data that supports the progress of goals and objectives.  Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
 Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
 Collect, analyze and report statistical data relating to the grant goals and objectives.

4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

5. ADMINISTRATIVE SUPPORT

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This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
PT26049

FUND NUMBER CATALOG

NUMBER (CFDA)

FUND DESCRIPTION TOTAL AMOUNT
405e DDL-26 20.616 Distracted Driving Laws $15,000.00
402PT-26 20.600 State and Community Highway
Safety
$25,000.00
164AL-26 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$75,000.00

COST CATEGORY FUND
NUMBER

UNIT COST OR
RATE

UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164AL-26 $11,500.00 3 $34,500.00
DUI Saturation Patrols 164AL-26 $2,500.00 14 $35,000.00 Traffic Enforcement 402PT-26 $2,500.00 6 $15,000.00
Pedestrian and Bicycle Enforcement 402PT-26 $2,400.00 1 $2,400.00 Traffic Safety Educational Presentations 402PT-26 $500.00 2 $1,000.00 Distracted Driving Enforcement 405e DDL26$2,142.80 7 $15,000.00 Category Sub-Total $102,900.00
B. TRAVEL EXPENSES
In State Travel 402PT-26 $2,900.00 1 $2,900.00
$0.00
Category Sub-Total $2,900.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies 164AL-26 $3,900.00 1 $3,900.00
Phlebotomist 164AL-26 $800.00 1 $800.00
Oral Fluid Drug Screening Supplies 164AL-26 $800.00 1 $800.00 Lidar Device 402PT-26 $2,400.00 1 $2,400.00
Bicycle Helmets 402PT-26 $20.00 65 $1,300.00
Category Sub-Total $9,200.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $115,000.00

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
PT26049

BUDGET NARRATIVE

PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Traffic Safety Educational Presentations - Overtime for grant funded traffic safety educational presentations conducted by appropriate department personnel.

Distracted Driving Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Anticipated travel may include the OTS Traffic Safety Law Enforcement Forum. Local mileage for grant activities and meetings is included. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.

CONTRACTUAL SERVICES
-

EQUIPMENT
-

OTHER DIRECT COSTS
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device Supplies, PAS Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies. Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed.

Phlebotomist - To draw and collect blood samples during OTS funded grant operations from suspected DUI drivers on scene as evidence in support of DUI convictions in a court of law.

Oral Fluid Drug Screening Supplies - Supplies to collect oral fluid sample to detect the presence of some drug categories in DUI investigations. Costs may include collection cartridges.

Lidar Device - Light detection and ranging device used to measure the speed of motor vehicles. This device will be used for speed enforcement. Costs may include lidar devices, batteries, tax, and shipping.

Bicycle Helmets - Helmets to be distributed at no cost during bicycle rodeos and other bicycle safety related events. Cost per helmet not to exceed a Unit Cost of $20, including shipping, handling, and tax. More expensive helmets may be purchased if approved by OTS.

INDIRECT COSTS
-

STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.

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Nothing in this “agreement” shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.

The OTS grant funded activities must be separate from the CHP Cannabis Tax Fund Grant Program activities and maintained under separate accounting/tracking/other codes (example: the same DUI checkpoint may not be funded by both the CHP and the OTS).

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

GRANT NUMBER
PT26049
Appendix A to Part 1300—Certifications and Assurances for Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117- 58)
The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding.

Applicable provisions include, but are not limited to, the following:

GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:
 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended;  Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58;  23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs;  2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
 2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

NONDISCRIMINATION
(applies to subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:
 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
 49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);  28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);
 The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
 Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);
 Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27;  The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
 The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the
Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federallyfunded or not);  Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38

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The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively.

GENERAL ASSURANCES
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.”
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.

SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:

1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.

2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”

3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred to as DOT order 1050.2A) [1]in every contract or agreement subject to the Acts and the Regulations.

4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.

5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.

6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.

7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the

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form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or
b. the period during which the Recipient retains ownership or possession of the property.

9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.

10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.

By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any subrecipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.

THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. The grantee's policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation, and employee assistance programs;

4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;

5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will—

1. Abide by the terms of the statement;

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction; e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted—

1. Taking appropriate personnel action against such an employee, up to and including termination;

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or

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rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.

POLITICAL ACTIVITY (HATCH ACT)
(applies to subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to subrecipients as well as States)

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;

3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to subrecipients as well as States)

INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)

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1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.

4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart

9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS—PRIMARY TIER

COVERED TRANSACTIONS

1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and

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its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency;
b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart

8. Nothing contained in the foregoing shall be construed to require establishment of a system of

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records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION—LOWER TIER

COVERED TRANSACTIONS

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

BUY AMERICA
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.

CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)

GENERAL REQUIREMENTS
No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:

1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.

2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.

DISCLOSURE REQUIREMENTS

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No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:

1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.

2. NHTSA will review the disclosure and may require additional relevant information from the recipient.

If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.

3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.

POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website ( www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or reevaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

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10/7/2025 10:20:06 AM Page 20 of 21

INSTRUCTIONS FOR ADDING OR UPDATING GEMS USERS

1. Each agency is allowed a total of FIVE (5) GEMS Users.

2. GEMS Users listed on this form will be authorized to login to GEMS to complete and submit Quarterly Performance Reports (QPRs) and reimbursement claims.

3. Complete the form if adding, removing or editing a GEMS user(s).

4. The Grant Director must sign this form and return it with the Grant Agreement.

CURRENT GEMS USER(S)

1. Monique Dellibovi
Title: Grants and Project Administrator Media Contact: Yes Phone: (323) 887-1243
Email: [email protected]

2. Adam Mitchell
Title: Sergeant Media Contact: Yes
Phone: (323) 430-3203
Email: [email protected]

3. Steve Sharpe
Title: Lieutenant Media Contact: Yes
Phone: (323) 480-4000 ext. 311
Email: [email protected]
State of California – Office of Traffic Safety
OTS-55 Grant Electronic Management System (GEMS) Access Exhibit C

GRANT NUMBER
PT26049

GRANT DETAILS
Grant Number: PT26049
Agency Name: Montebello Police Department
Grant Title: Selective Traffic Enforcement Program (STEP) Agreement Total: $115,000.00
Authorizing Official: Luis Lopez
Fiscal Official: Michael Solorza
Grant Director: Monique Dellibovi

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10/7/2025 10:20:06 AM Page 21 of 21
Complete the below information if adding, removing or editing a GEMS user(s) GEMS User 1
Add/Change {{[]c11_es_:signer1}} Remove Access {{[] c12_es_:signer1}} Add as a media contact? Yes {{[]c1_es_:signer1}} No{{[]c2_es_:signer1}} {{UserName1_es_:signer1 }} {{UserTitle1_es_:signer1 }}
Name Job Title
{{UserEmail1_es_:signer1 }} {{UserPhone1_es_:signer1 }} Email address Phone number
GEMS User 2
Add/Change {{[]c13_es_:signer1}} Remove Access {{[]c14_es_:signer1}} Add as a media contact? Yes {{[]c3_es_:signer1}}No {{[]c4_es_:signer1}} {{UserName2_es_:signer1 }} {{UserTitle2_es_:signer1 }}
Name Job Title
{{UserEmail2_es_:signer1 }} {{UserPhone2_es_:signer1 }} Email address Phone number
GEMS User 3
Add/Change {{[]c15_es_:signer1}} Remove Access {{[]c16_es_:signer1}} Add as a media contact? Yes {{[]c5_es_:signer1}}No {{[]c6_es_:signer1}} {{UserName3_es_:signer1 }} {{UserTitle3_es_:signer1 }}
Name Job Title
{{UserEmail3_es_:signer1 }} {{UserPhone3_es_:signer1 }} Email address Phone number
GEMS User 4
Add/Change {{[]c17_es_:signer1}} Remove Access {{[]c18_es_:signer1}} Add as a media contact? Yes {{[]c8_es_:signer1}}No {{[]c7_es_:signer1}} {{UserName4_es_:signer1 }} {{UserTitle4_es_:signer1 }}
Name Job Title
{{UserEmail4_es_:signer1 }} {{UserPhone4_es_:signer1 }} Email address Phone number
GEMS User 5
Add/Change {{[]c19_es_:signer1}} Remove Access {{[]c20_es_:signer1}} Add as a media contact? Yes {{[] c9_es_:signer1}}No {{[]c10_es_:signer1}} {{UserName5_es_:signer1 }} {{UserTitle5_es_:signer1 }}
Name Job Title
{{UserEmail5_es_:signer1 }} {{UserPhone5_es_:signer1 }} Email address Phone number
Form completed by: {{Sig_es_:signer1:signature}} Date: {{Dte1_es_:signer1:date}} As a signatory I hereby authorize the listed individual(s) to represent and have GEMS user access. {{Sig_es_:signer2:signature}} {{Name1_es_:signer2:fullname }} Signature Name
{{Dte2_es_:signer2:date}} Grant Director
Date Title
Michael Solorza (Oct 8, 2025 07:08:03 PDT)
Michael Solorza Oct 8, 2025 Monique DelliBovi (Oct 8, 2025 13:36:34 PDT) Monique DelliBovi Monique DelliBovi Oct 8, 2025 Page 68 of 1646 Grant Agreement - PT26049
Final Audit Report 2025-10-21
Created: 2025-10-07
By: Thuy Marshall ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAy2pOhLy9lWBEsd_a4R-6crY9RtBpnNAQ "Grant Agreement - PT26049" History
Document created by Thuy Marshall ([email protected]) 2025-10-07 - 5:20:21 PM GMT
Document emailed to [email protected] for signature 2025-10-07 - 5:20:29 PM GMT
Email viewed by [email protected]
2025-10-08 - 9:15:34 AM GMT
Signer [email protected] entered name at signing as Michael Solorza 2025-10-08 - 2:08:01 PM GMT
Document e-signed by Michael Solorza ([email protected]) Signature Date: 2025-10-08 - 2:08:03 PM GMT - Time Source: server Document emailed to [email protected] for signature 2025-10-08 - 2:08:05 PM GMT
Email viewed by [email protected]
2025-10-08 - 8:35:36 PM GMT
Signer [email protected] entered name at signing as Monique DelliBovi 2025-10-08 - 8:36:32 PM GMT
Document e-signed by Monique DelliBovi ([email protected]) Signature Date: 2025-10-08 - 8:36:34 PM GMT - Time Source: server Document emailed to [email protected] for signature 2025-10-08 - 8:36:35 PM GMT
Email viewed by [email protected]
2025-10-08 - 8:54:44 PM GMT

Page 69 of 1646 ends

Signer [email protected] entered name at signing as Michael Solorza 2025-10-08 - 8:55:08 PM GMT
Document e-signed by Michael Solorza ([email protected]) Signature Date: 2025-10-08 - 8:55:10 PM GMT - Time Source: server Document emailed to [email protected] for signature 2025-10-08 - 8:55:11 PM GMT
Email viewed by [email protected]
2025-10-08 - 8:55:42 PM GMT
Email viewed by [email protected]
2025-10-15 - 5:45:30 PM GMT
Email viewed by [email protected]
2025-10-21 - 5:38:05 PM GMT
Signer [email protected] entered name at signing as Luis Lopez 2025-10-21 - 5:38:39 PM GMT
Document e-signed by Luis Lopez ([email protected]) Signature Date: 2025-10-21 - 5:38:41 PM GMT - Time Source: server Document emailed to Carolyn Vu ([email protected]) for signature 2025-10-21 - 5:38:45 PM GMT
Email viewed by Carolyn Vu ([email protected])
2025-10-21 - 5:41:02 PM GMT
Document e-signed by Carolyn Vu ([email protected]) Signature Date: 2025-10-21 - 5:41:13 PM GMT - Time Source: server Document emailed to Stephanie Dougherty ([email protected]) for signature 2025-10-21 - 5:41:14 PM GMT
Email viewed by Stephanie Dougherty ([email protected]) 2025-10-21 - 5:42:41 PM GMT
Document e-signed by Stephanie Dougherty ([email protected]) Signature Date: 2025-10-21 - 5:43:45 PM GMT - Time Source: server Agreement completed.
2025-10-21 - 5:43:45 PM GMT

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ITEM # 15

CITY OF MONTEBELLO

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

BY: Cesar Roldan, Director of Public Works
SUBJECT: APPROVAL OF AGREEMENT NO. 4425 WITH THE COUNTY OF LOS

ANGELES FOR PARTICIAPTION IN THE LOS ANGELES REGION -
IMAGERY ACQUISITION CONSORTIUM 8 (LARIAC8) PROJECT
DATE: November 12, 2025
RECOMMENDATIONS:

It is recommended that the City Council:

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

FISCAL IMPACT:

This program enables the City to receive updated aerial imagery at substantial savings compared to acquiring a similar product independently. The cost to participate in the LARIAC8 Program is $27,700. Los Angeles County will invoice the City in two equal installments in the Spring of 2026 and Spring of 2027.

The budget for obtaining aerial imagery was included in the Fiscal Year 2025-26 budget, therefore no budget amendment is needed as part of the recommended actions.

Installment No 1. will be payable from account 222-30-330-6040.10 (Measure M, Public Works, Engineering, Contract Services —Outside Contracts) Installment No. 2 of $13,850 shall be included as part of the adopted Fiscal Year 2026-27 budget.

BACKGROUND/DISCUSSION:

The City received a letter dated October 6, 2025, from the County of Los Angeles

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CITY COUNCIL AGENDA REPORT - MEETING OF NOVEMBER 12, 2025

Page 2 of 3 ends

(County) Internal Services Department, seeking the City’s concurrence to partake in the Los Angeles Region - Imagery Acquisition Consortium 8 (LARIAC8) program (Attachment A). LARIAC is a multi-jurisdictional arrangement that enables the City, as one of many governmental and non-governmental participating entities, to benefit from combined economies of scale to efficiently and cost-effectively acquire high-definition aerial data and imagery.

Updated aerial imagery is made available by the County to participating cities every several years, at a prorated cost. The LARIAC program aides in the continuous development of a Geographic Information System (GIS). The imagery supports various projects, such as the City's Capital Improvement Program, updating City maps, creating topographic and radius aerial maps, private development projects, and first responders (police and fire) applications.

The high-quality resolution imaging enables staff to utilize the data collected as a GIS layer, which allows staff see parcel attributes on screen, which helps to reduce field work and information collection costs. City personnel will be able to regularly access the imagery via the County-provided cloud-based software programs, which help export maps and parcel ownership information.

It is necessary for the City to enroll for the first time in the LARIAC8 Program with the County in order to receive the newly updated imagery. The City is required to enter into an agreement with Los Angeles County and pay the cost share (Attachment A). In the future, the City will create additional customized layers of imagery to support infrastructure, development, enhance safety and to combat natural disasters (as well as other pertinent applications).

ENVIRONMENTAL:

N/A
ANALYSIS:

N/A
SUMMARY:

Staff recommend the City Council authorize the City Manager to execute Agreement No. 4425 (Attachment A) with the County of Los Angeles for participation in the Los Angeles Region Imagery Acquisition Consortium 8 (LARIAC8) Program for an overall cost of $27,700. The LARIAC Program provides participating agencies with updated, highresolution aerial imagery at a significantly reduced cost compared to acquiring similar data independently.

The total program cost of $27,700 will be invoiced by Los Angeles County in two equal installments—one in Spring 2026 and the second in Spring 2027. Funding for the first installment is available in the Fiscal Year 2025-26 budget in Account No. 222-30-330- 6040.10 (Measure M, Public Works, Engineering, Contract Services – Outside

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CITY COUNCIL AGENDA REPORT - MEETING OF NOVEMBER 12, 2025

Page 3 of 3 ends

Contracts); therefore, no budget amendment is required. The second installment of $13,850 will be included in the adopted Fiscal Year 2026-27 budget.

Approval of this action will allow the City to access updated regional aerial imagery data to support ongoing planning, engineering, and infrastructure management efforts, while achieving cost savings through regional collaboration.

ATTACHMENT(S)

1. Attachment A - LARIAC8 Agreement

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CITY OF MONTEBELLO
AGREEMENT NO. 4425 – PROFESSIONAL SERVICES AGREEMENT WITH

COUNTY OF LOS ANGELES
Attachment A

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County of Los Angeles

INTERNAL SERVICES DEPARTMENT
9150 Imperial Hwy.

Downey, California 90242

MICHAEL OWH
Director “To enrich lives through effective and caring service” Telephone: (323) 267-2103
FAX: (323) 264-7135
October 6, 2025
Raul Alvarez
City Manager
City of Montebello
Dear Raul Alvarez,
LOS ANGELES REGION IMAGERY ACQUISITION CONSORTIUM (LARIAC8) Established in 2005, the Los Angeles Region Imagery Acquisition Consortium (LARIAC) has delivered highly accurate digital aerial imagery and elevation datasets to participants at substantial cost savings and has become a national model for collaborative data acquisition.

LARIAC participants have included 60 cities, 39 County departments, 17 local, state, and federal agencies, 15 educational institutions, and 6 Non-Government/Private/Research organizations as listed on Attachment I.

To ensure the currency of the aerial imagery, we are working with consortia members to plan and initiate the next LARIAC cycle – LARIAC8 (January 1, 2026 – December 31, 2028). This document describes LARIAC, highlights its benefits, provides a status update, and discusses the proposed scope, schedule, and cost.

We are pleased to inform you that we are able to limit the price increase to a maximum of 3% for LARAIC8 for our city and agency members. The total cost of LARIAC8 for your organization will be $27,700. Traditionally, payments are invoiced in two equal installments in year one (Spring 2026) and two (Spring 2027) of the cycle.

LARIAC BACKGROUND
LARIAC is a consortium of the County of Los Angeles, in partnership with cities, agencies, academic institutions and others. As a consortium, we collaboratively acquire digital remote sensing data, including imagery and elevation data. Leveraging the combined buying power of the member agencies, LARIAC reduces costs, enabling participants to acquire higher quality data more consistently than would be possible individually while providing data of known and documented quality that is comparable over time.

The LARIAC Website (https://lariac-lacounty.hub.arcgis.com/) provides comprehensive information about the program, including: detailed data descriptions and samples; product guides and documentation; and program agreements.

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LARIAC8
October 6, 2025

Page 2 ends

LARIAC8
LARIAC is in its eighth cycle (LARIAC8) of digital aerial data acquisition and scheduled to begin initial data capture in early 2026. Attachment II shows various LARIAC data acquisitions.

LARIAC8 will update its highly accurate orthogonal and oblique imagery with color infrared, and derived data including building outlines. Lidar-based elevation data and derived products, last acquired in 2023 as part of LARIAC7, will also be included in LARIAC8. The benefits of LARIAC program and its products are listed on Attachment III.

Additional products will be finalized in the coming months. These will include additional image acquisitions throughout the three-year cycle, along with additional derived GIS data products, feature extractions and additional tools and/or capabilities as determined by the consortium.

Additional details on LARIAC8 product list can be found in Attachment IV.

LARIAC8 PARTICIPATION
We look forward to your participation in LARIAC8. If your organization intends to join LARIAC8, please complete, sign, and return the attached “Letter of Intent” on your business letterhead.

This is helpful to us as we assess the overall list of participants for purposes of planning and budgeting. We recognize this Letter of Intent may be subject to final approval by your City Council or authorizing Board of Directors. We would appreciate receiving your letter of intent by November 6, 2025.

When feasible please confirm your organization’s official commitment to participate in funding LARIAC8 by completing and returning the attached “Participant Agreement,” authorizing the County to invoice your city/agency for the initial payment, which will be one half of the total amount.

Please return either the signed “Letter of Intent” or “Participant Agreement” as a digitally signed document via email (preferred) to Steve Steinberg [email protected] and An Dang [email protected] or in hard copy by mail to
Attention: Dr. Steven Steinberg
County of Los Angeles
Internal Services Department
Mailstop #3
9150 Imperial Highway
Downey, CA 90242

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LARIAC8
October 6, 2025

Page 3 ends

If you have any questions, please contact one of us below:

LARIAC Project Director LARIAC Project Manager
Steven Steinberg An Dang
(562) 392-7126 (562) 955-3916
[email protected] [email protected]
Sincerely,
Steven J. Steinberg, Ph.D., MPA, GISP
Geographic Information Officer (GIO)
County of Los Angeles
Attachments (6)

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LARIAC8
October 6, 2025

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ATTACHMENT I

LARIAC PARTICIPANTS
LARIAC1 LARIAC2 LARIAC3 LARIAC4 LARIAC5 LARIAC6 LARIAC7 Cities
City of Agoura Hills X X X X
City of Arcadia X X X X
City of Avalon X
City of Azusa X X X X X X
City of Bellflower X
City of Bell Gardens X
City of Beverly Hills X X X X X X X
City of Burbank X X X X X X X
City of Carson X X X X X
City of Cerritos X X X X
City of Claremont X X X X X
City of Commerce X
City of Covina X X X
City of Culver City X X X X X X X
City of Diamond Bar X X
City of Downey X X X X X X
City of Duarte X
City of El Monte X
City of El Segundo X X X X X X X
City of Gardena X X
City of Glendale X X X X X X X
City of Glendora X
City of Hermosa Beach X X X X X X X
City of Industry X X X X X X X
City of Inglewood X X X X X X X
City of Irwindale X X
City of La Canada Flintridge X X X X X X X
City of La Habra Heights X X
City of Lakewood X X X X X X X
City of Lancaster X X X
City of Lomita X
City of Long Beach X X X X
City of Los Angeles X X X X X X X
City of Malibu X X
City of Manhattan Beach X X X X X X X
City of Maywood X
City of Monrovia X
City of Monterey Park X X X
City of Norwalk X
City of Palmdale X
City of Palos Verdes Estates X X
City of Pasadena X X X X X X X
City of Pico Rivera X X
City of Pomona X
City of Rancho Palos Verdes X X X X
City of Redondo Beach X X X X X X

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LARIAC8
October 6, 2025

Page 5 ends

City of Rolling HillsXX
City of San DimasXXXXX
City of San FernandoXX
City of Santa ClaritaXXXXXXX
City of Santa Fe SpringsXXXXX
City of Santa MonicaXXXXXXX
City of Signal HillXXXX
City of South El MonteXX
City of South PasadenaX
City of Temple CityXXX
City of TorranceXXXXXXX
City of West CovinaXX
City of West HollywoodXXXX
City of Westlake VillageXXXX
City of WhittierXXXXXXX
County Departments
Aging & DisabilitiesXXXXXX
Agricultural Commission/Weights
and Measures X X X X X X
X
Animal Care & ControlXXXXXX
Arts & CultureXXX
AssessorXXXXXXX
Auditor ControllerXX
Beaches & HarborsXXXXXXX
Board of Supervisors Executive
Office X X
Chief Executive Office/Anti-
Racism, Diversity, and Inclusion
X
Chief Executive Office/Chief
Information Office
X
Chief Executive Office/Homeless
Initiative
X
Chief Executive Office/Office of
Emergency Management X X X X X X
X
Chief Executive Office/Real Estate
Division X X X X X X
X
Chief Executive Office/ConsortiumX
Children & Family ServicesXXXXXX
Community Development
Authority (LACDA) X
X
Consumer & Business AffairsXXX
County CounselX
Economic OpportunityXXXXXX
FireXXXXXX
Health ServicesXXXXXXX
Internal Services DepartmentXXXXXXX
Justice, Care, and OpportunitiesX
LibraryXXXXXX
Medical Examiner - CoronerXXX
Mental HealthXXXXXX
Military and Veterans AffairsX
Office of Education (LACOE)X
Parks & RecreationXXXXXXX
ProbationXXXXXX

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LARIAC8
October 6, 2025

Page 6 ends

Public HealthXXXXXXX
Public Social ServicesXXXXXX
Public WorksXXXXXXX
Regional PlanningXXXXXXX
Registrar-Recorder/County ClerkXXXXXXX
SheriffXXXXXX
Superior CourtX
Treasurer and Tax CollectorXXX
Youth DevelopmentX
Local, State, and Federal Agencies
Alameda Corridor Transportation
Authority X
Amigos de Los RiosX
California Department of
Transportation X X X
X
Los Angeles Air Force BaseXX
Los Angeles County Metropolitan
Transit Authority (MTA) X X
Los Angeles County Sanitation
District No. 2 X X X X X
X
Los Angeles Region Gang
Information Network (LARGIN) X X
Los Angeles World AirportsX
Port of Los AngelesXXXXXX
Port of Long BeachXXX
Santa Catalina Island
Conservancy X X X X X X
X
Santa Clarita Valley Water AgencyXXX
Southern California Association of
Governments X
Southern California Edison
(Catalina Island) X X
US Geological SurveyXXX
US National GuardXX
Water Replenishment District of
Southern California X X X
X
Educational Institutions
Antelope Valley CollegeX
Palos Verdes on the NETX
California State University,
Channel Islands X
California State Polytechnical
University, Pomona X X
X
California State University, Long
Beach X X X X X X
X
California State University, Los
Angeles X
California State University,
Northridge X
Claremont University ConsortiumX
Rio Hondo Community CollegeX
Lewis & Clark CollegeX
Loyola Marymount UniversityX

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LARIAC8
October 6, 2025

Page 7 ends

Mount San Antonio Community
College
X
Santa Monica Community College X
University of Southern California X X X X
University of California at Los
Angeles X X X X X X
Non-Government, Private, Research/Education
Rockefeller Philanthropy Advisors,
Inc.

X
Tree People X
The Malibu Foundation X
FivePoint X X
Descanso Gardens X
The Huntington Library, Art
Museum, and Botanical Gardens
X

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LARIAC8
October 6, 2025

Page 1 ends

ATTACHMENT II

LARIAC DATA ACQUISITIONS
Data 2006
(L1)
2008
(L2)
2011
(L3)
2014
(L4)
2017
(L5)
2020
(L6)
2023
(L7)
2026
(L8)
Orthogonal Imagery (4-inch)
X
(including
Infrared)
X X
X
(including
2012 and
2103 1-foot
imagery)
X
(including
Infrared
imagery and
multiple
acquisitions
per year)
X
(including
Infrared
imagery in
2020 and
multiple
acquisitions
per year
through 2022)
X
(including
Infrared
imagery in
2023 and
multiple
acquisitions
per year
through 2025)
X
(including
Infrared
imagery in
2026 and
multiple
acquisitions
per year
through 2028)
Oblique Imagery

X X X X X X X X
Building Outlines
X
(400 sq ft)
X
(400 sq ft)
X
(300 sq ft)
X
(300 sq ft)
X
(300 sq ft)
X
(300 sq ft)
Elevation Data
X X X
Derived Data (tree canopy, solar
insolation, slope, hillshade, height
model, land cover, etc.) X X X X X

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LARIAC8
October 6, 2025

Page 1 ends

ATTACHMENT III

DIGITAL AERIAL IMAGERY AND ELEVATION BENEFITS
Digital aerial imagery and elevation data provide valuable support for decision making within agencies, as well as cost savings for operations. High quality image data enables staff to make virtual site visits that improve and may replace field work, reducing information collection costs.

Some examples include:
• Public Safety: Fire and Police personnel can plan for and “see” the location of incidents and addresses, improving dispatch, crime analysis, incident response, and officer safety.
• Public Works: Reduces the need for field visits, supports traffic and pavement management, storm drain and flood protection, and enhances project planning and infrastructure management.
• Planning: Improves code enforcement, site plan review, and understanding impacts of new projects.
• Economic Development: Improves outreach to businesses by providing detailed site information for potential developments and surrounding areas. • Disaster Planning and Response: Improves planning and response before, during, and after disasters, providing a foundation for a Common Operating Picture. • Community Outreach: Improves communication with residents by providing a picture of the area of discussion, increasing citizen engagement. • Operational Efficiency: A consistent view of a city or agency supports collaboration, integration, and efficiency to lower operational costs.

LARIAC BENEFITS
High resolution data provided through LARIAC offers key benefits when compared to aerial imagery from online providers (“free mapping websites” like Google or Bing), and off-the-shelf vendors. These include:
• Enhanced resolution (3-inch rather than 1-foot) shows greater detail and provides more information (you can see manhole covers and road striping); • Unparalleled accuracy (+/- 2-feet accuracy) ensures information captured from the imagery is in the right location, supporting facilities management, planning, and operations;
• Breadth of products (orthogonal and oblique imagery, building footprints, and elevation data) to support of city or agency’s business needs;
• Multiple access methods, including desktop, handheld, and mobile, as well as local and remotely hosted solutions to eliminate agency hardware and software costs; • Variety of formats and compressed formats to enable use within existing applications in the field;
• Access to historical data from previous LARIAC image acquisitions to assess change over time; and

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LARIAC8
October 6, 2025

Page 2 ends

• Complete control of LARIAC data products, including availability for use by your contractors. LARIAC participation allows for data use and deployment across your entire agency in all applications, from planning to emergency services to public works.

One of the key benefits of LARIAC is cost sharing, providing members with a suite of highquality deliverables at a lower cost per member as more cities and agencies participate. Cost savings are passed back to participants in the form of additional data products, more frequent image capture and maintaining the price point over time.

To date, 137 cities, County departments, agencies, and educational institutions have benefited from these cost savings. These entities are listed in Attachment I. We invite you to contact these participants to learn more about their use and benefit from the LARIAC.

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LARIAC8
October 6, 2025

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ATTACHMENT IV
LARIAC8 PRODUCT LIST
Orthogonal Imagery
• 4-band orthogonal imagery (including color infrared) at 3-inch or better resolution in the urban areas, and 9-inch or better in the National Forest. • Multiple formats (TIFF, JPEG2000, and compressed ECW).

Oblique Imagery
• 3-band color oblique imagery at 3-inch resolution.
• Online hosted access for desktop and mobile devices.

Building Outlines
• Building outlines updated for all buildings over 300 square feet.

Digital Terrain Data
• Lidar point cloud including all elevation data (QL1 or better). • Digital Terrain Model (DTM) – bare earth data derived from lidar. • Digital Surface Model (DSM) - building and treetops derived from lidar. • Digital Elevation Model (DEM) – bare earth data optimized for processing. • 1-foot contours for urban areas, and 2-feet contours for the National Forest.

Additional Data Product(s) as Feasible
• Additional high resolution image acquisitions throughout the three-year cycle. • Normalized Difference Vegetation Index (NDVI).
• Solar Model.
• Raster Tree Canopy Model.
• Raster Building data Model.
• Hillshade.
• Slope.
• Raster Height Model.
• 3D mesh.
• Street-level imagery and derived products.
• Other additional derived GIS data products.

Hosted Solution
• Web-based solutions to view and analyze LARIAC aerial images (e.g. EagleView CONNECTExplorer) and integration products (e.g. Esri Web AppBuilder Widget, ArcGIS Pro/ArcMap Add-in, Integrated Pictometry Application).
• Image services provided as WMS, WMTS, TMS, and Esri REST.

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LARIAC8
October 6, 2025

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ATTACHMENT V

SAMPLE LETTER OF INTENT

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LARIAC8
October 6, 2025

Page 5 ends

<Current Date>
Steven Steinberg
County of Los Angeles
Internal Services Department
Mailstop #3
9150 Imperial Highway
Downey, CA 90242
Dear Dr. Steinberg:

It is our intent to participate in the 2026 Los Angeles Region Imagery Acquisition Consortium (LARIAC8). LARIAC8 will acquire 3-inch color orthogonal in urban areas (9-inch in National Forests), 3-inch oblique aerial photography, building representations (outlines), digital terrain data, and additional high resolution image acquisitions throughout the three-year cycle. We understand the cost will be $27,700. Recognizing that our final commitment is contingent upon approval by our organization. It is understood this approval must be obtained prior to confirming our participation in this project.

If you have questions, please contact <Name and Title of Primary Contact> at <Telephone, Fax and E-mail Address>.

Sincerely,
_________________________ __________________________
Signature Print Name
___________________________ ____________________________ Title Date

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Page | 1

ATTACHMENT VI

PARTICIPANT AGREEMENT BY AND BETWEEN THE

COUNTY OF LOS ANGELES

AND PARTICIPATING ENTITIES FOR THE
LOS ANGELES REGION – IMAGERY ACQUISITION CONSORTIUM 8
("LARIAC8") PROJECT

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LARIAC8
October 6, 2025

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PARTICIPANT AGREEMENT BY AND BETWEEN THE COUNTY OF LOS ANGELES

AND PARTICIPATING ENTITIES FOR THE
LOS ANGELES REGION – IMAGERY ACQUISITION CONSORTIUM 8 ("LARIAC8") PROJECT This Participant Agreement (Agreement) is made and entered into by and between the County of Los Angeles (County), a political subdivision of the State of California, and City of Montebello, a California city, special district, agency, or educational institution. Each individual city, district, educational institution, or agency is referred to herein individually as a “Participating Entity” and collectively as the “Participating Entities”. The County and the Participating Entities are hereinafter referred to collectively as the “Parties” and each individually as a "Party".

A. WHEREAS, County has planned to acquire new digital orthogonal and oblique aerial imagery in the winter of 2026 Project;
B. WHEREAS, County has become aware that various Participating Entities have similar projects currently underway or plans to undertake similar projects in the near future;
C. WHEREAS, in order to avoid the duplication of efforts and costs by the Parties, the Parties desire to pool their resources to collectively undertake the Project; and
D. WHEREAS, the Parties intend to participate in the Project upon the terms and conditions set forth herein below.

NOW, THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to be derived therefrom, the Parties agree as follows:

1. Purpose
The purpose of this Agreement is to provide a vehicle for the collective participation in the Project by the Parties. The Project shall focus on the acquisition of certain aerial imagery digital data which may include, but are not limited to, products listed in Attachment A ("Digital Data"). It is the intent of the Parties that Digital Data shall be acquired under this Agreement for areas within the County of Los Angeles covered by the jurisdictions of the Parties.

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LARIAC8
October 6, 2025

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2. Responsibilities of the County
A. Identify and provide specifications for Digital Data (or their derivatives) to the contractors hired to complete the Project.

B. Develop all necessary procurement documents for necessary services to be provided by one or more qualified contractors in connection with the acquisition and administration of the Digital Data.

C. Select the most qualified contractor or contractors to provide the necessary services in connection with the acquisition and administration of the Digital Data and thereafter, manage the entire acquisition and administration of the Project.

D. With the assistance of one or more selected contractors, provide Quality Control (QC) for all Digital Data delivered under this Agreement.

E. Arrange for the delivery of the Digital Data (or portions thereof) to the Participating Entity upon Project completion.

F. Provide monthly reports to the Participating Entities on the status of the Project.

3. The Participating Entity Has the Right to
A. Participate in identifying and providing technical specifications for the Digital Data (or their derivatives).

B. Provide currently available geodetic points (with necessary standards and accuracy) for County's QC process.

D. Acquire additional digital aerial products from the contractors through this Agreement, provided that a Statement of Work is provided. County assumes no liability for the completion of these products.

4. Mutual Responsibilities; Maximum Contribution
The Parties shall be mutually responsible for the following:

A. Financing the acquisition and administration of the Digital Data including, but not limited to, costs related to QC and the subsequent distribution thereof. The total cost of such acquisition and administration (Total Cost) shall be allocated among the Parties and the Participating Entities. The portion of the Total Cost allocated to a Party hereunder shall be hereinafter referred to as the Party’s "Maximum Contribution." Each Participating Entity will transfer its Maximum Contribution to a LARIAC account which

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LARIAC8
October 6, 2025

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has been established by the County for this Project (LARIAC Account) and as further described in Paragraph 5 of this Agreement. Under no circumstances shall the Participating Entity be responsible for any payment that exceeds its Maximum Contribution under this Agreement.

The Maximum Contribution of the Participating Entity shall be $27,700.

B. In the event the Project is terminated for any reason before the execution of any contract with a contractor for the provision of goods and/or services in connection with the Project, each Participating Entity shall be refunded its Maximum Contribution (or such portion of the Maximum Contribution as shall have been paid to the County by such Participating Entity) in its entirety.

5. Payment of Maximum Contribution; Administration of LARIAC Account A. A Participating Entity shall have the following options in paying its Maximum Contribution to the County hereunder:
i. The Participating Entity may elect to pay its Maximum Contribution to County in its entirety upon execution of this Agreement. ii. The Participating Entity may elect to pay its Maximum Contribution to County as follows: (a) fifty percent (50%) of the Maximum Contribution upon its execution of this Agreement; and (b) fifty percent (50%) upon delivery of the Digital Data to the Participating Entity.

B. The LARIAC Account established by the County in connection with the Project, shall be subject to the following:
i. All funds held in the LARIAC Account shall be used solely for the payment of contractors selected by County to provide goods and services in connection with the Project.
ii. Any funds held in the LARIAC Account not expended upon the completion of the Project or the termination of this Agreement shall be held, administered, and returned to Parties based on their prorated contribution to the total costs of the Project.

6. General Terms and Conditions
A. This Agreement shall take effect upon execution and shall remain in effect through final delivery of all Digital Data and through the duration of the license-use term.

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LARIAC8
October 6, 2025

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B. The term of this Agreement may be extended by an Amendment to this Agreement.

C. It is the intention of the Parties that the Participating Entity shall receive, with the delivery of the Digital Data, an unlimited irrevocable perpetual, royalty-free license. The license may be used to, modify, edit, reuse, reproduce, translate, create derivatives, compile, other works based upon the Digital Data, and combine the data with other contents selected by the Participating Entity in its own operation, with an unlimited number of seats; including, but not limited to Internet and intranet applications, copying, and printing.

D. The Participating Entity shall have the right to transfer, sublicense, and distribute any form of media either now known or hereinafter desired the Digital Data to its subcontractors or consultants on projects which are outsourced from its own operations. In this connection, the Participating Entity shall require each subcontractor or consultant to whom the Digital Data is transferred to execute a written acknowledgement and agreement to abide by such Participating Entity’s license to use the Digital Data. Such acknowledgement and agreement is provided in Attachment B (Los Angeles Regional Imagery Acquisition Consortium (LAR-IAC) 8 Authorized User Confidentiality and Non-Disclosure Agreement).

E. Notwithstanding any provision of this Agreement to the contrary, a Participating Entity shall not have the right to sell, resell, or otherwise transfer its license to use the Digital Data to any other person or entity.

F. This Agreement may be amended or modified only with the prior written consent of the Participating Entity.

G. Nothing in this Agreement shall be construed to give any person or entity, other than the Parties hereto, any legal or equitable right, remedy, or claim under or in respect to this Agreement or any provision herein contained.

This Agreement and the provisions hereof are intended to be and are for the sole and exclusive benefit of the Parties.

H. No Party may terminate its participation under this Agreement after the execution of contract(s) for the acquisition of the Digital Data without the prior written consent of County.

I. Any other California city, special district, agency, or educational institution may become a Participating Entity under this Agreement if:
i. Such entity executes this Agreement, and

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LARIAC8
October 6, 2025

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ii. Such entity makes its Maximum Contribution to County as provided for under this Agreement. Any such contribution shall be deposited into the LARIAC Account and administered in accordance with subparagraph 5.B of this Agreement.

J. This Agreement may be executed in counterparts and the signed counterparts shall constitute a single instrument. The signatories to this Agreement represent that they have the authority to bind their respective party to this Agreement.

IN WITNESS WHEREOF, the parties have executed this Participant Agreement for the Los Angeles Region – Imagery Acquisition Consortium 8 Program on the date indicated below.

PARTICIPANT ENTITY COUNTY OF LOS ANGELES
City of Montebello INTERNAL SERVICES DEPARTMENT
By: __________________________________ By: ______________________________

Date: _________________________________ Date: _____________________________

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LARIAC8
October 6, 2025

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ATTACHMENT A

DIGITAL DATA
All data will be acquired in 2026 unless otherwise noted.

Orthogonal Imagery
• 4-band orthogonal imagery (including color infrared) at 3-inch or better resolution in the urban areas, and 9-inch or better in the National Forest. • Multiple formats (TIFF, JPEG2000, and compressed ECW).

Oblique Imagery
• 3-band color oblique imagery at 3-inch resolution.
• Online hosted access for desktop and mobile devices.

Building Outlines
• Building outlines updated for all buildings over 300 square feet.

Digital Terrain Data
• lidar point cloud including all elevation data (QL1 or better). • Digital Terrain Model (DTM) – bare earth data derived from lidar. • Digital Surface Model (DSM) - building and tree tops derived from lidar. • Digital Elevation Model (DEM) – bare earth data optimized for processing. • 1-foot contours for urban areas, and 2-feet contours for the National Forest.

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LARIAC8
October 6, 2025

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Map 1: Areas for Orthogonal Imagery Products

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LARIAC8
October 6, 2025

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Map 2: Areas for Oblique Imagery Products

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ITEM # 16

CITY OF MONTEBELLO

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

BY: Cesar Roldan, Director of Public Works
SUBJECT: AUTHORIZATION TO ADOPT PLANS AND SPECIFICATIONS FOR THE LED SIGN - CITY HALL PROJECT (CP 933) AND PROCEED WITH

BID ADVERTISEMENT
DATE: November 12, 2025
RECOMMENDATIONS:

It is recommended that the City Council:

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

2. Adopt construction plans, specifications, and engineer’s estimate for CP 933, LED Sign - City Hall; and

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

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

FISCAL IMPACT:

Approval of this action will allow staff to proceed with the bidding of this capital project per applicable Public Contract Code and the City of Montebello’s Municipal Code. As soon as staff evaluate all bids, a recommendation will be made at a future City Council meeting and include a well-defined budget.

BACKGROUND/DISCUSSION:

The current LED Sign at City Hall is approximately 20 years old. The sign has not been utilized since 2019. The sign is able to receive power, but messaging is not able to be updated due to the failure of communication components within the sign. Additionally, the LEDs on the existing display have burned out and no longer function. The cost of

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CITY COUNCIL AGENDA REPORT - MEETING OF NOVEMBER 12, 2025

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retrofitting communication components has been deemed to not be feasible or costeffective, as the display components would remain outdated.

The final construction plans and specifications are completed in accordance with applicable engineering standard specifications and are consistent with the City’s procurement policies and applicable municipal code chapters. The City Council is required to approve and adopt construction documents and authorize the bid request for all public projects. The bid advertisement is consistent with Public Contract Code sections 20161 and 20162, which mandate California public works projects to be competitively bid. This action is also consistent with Montebello Municipal Code 3.20.110 - Bidding procedure prescribed.

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

Tasks Timeline
Bid Period November 13, 2025 – December 17, 2025
Mandatory Pre-job walk / onsite
meeting
November 18, 2025 at 9:30:00 am –City Hall
1600 Beverly Blvd
Questions/RFIs due by December 01, 2025 at 12:00 pm
Responses to RFIs due by December 08, 2025 at 5:00 pm
Bid Opening December 17, 2025 at 11:00 am
Award of Contract (Tentative) January 14, 2026 City Council Meeting Commence Construction March 2026
Tentative Completion Date June 2026
Close out Project July 2026
ENVIRONMENTAL:

Approve Environmental Assessment pursuant to 14 California Code of Regulations § 15301 as a Class 1 categorical exemption under the California Environmental Quality Act (CEQA). Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination (Attachment C).

ANALYSIS:

N/A
SUMMARY:

Staff recommends the City Council adopt 100% completed plans, specification and engineer's estimate (PS&E) for the LED Sign - City Hall (CP 933) project and approve

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CITY COUNCIL AGENDA REPORT - MEETING OF NOVEMBER 12, 2025

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Environmental Assessment pursuant to 14 California Code of Regulation § 15301 as a Class 1 categorical exemption under the California Environmental; Quality Act (CEQA); and, authorize staff to proceed with bid advertisement for construction.

ATTACHMENT(S)

1. Attachment A - Specifications LED Sign City Hall (CP 933)

2. Attachment B- Plans LED Sign City Hall (CP 933)

3. Attachment C - CEQA NOE - LED Sign City Hall (CP 933)

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Attachment A

CITY OF MONTEBELLO

CALIFORNIA

CONTRACT DOCUMENTS

SPECIFICATIONS
FOR

LED SIGN CITY HALL
C.P. No. 933
SALVADOR MELENDEZ – MAYOR
GEORGINA TAMAYO – MAYOR PRO TEM
RIC ALONZO – COUNCILMEMBER
SCARLET PERALTA – COUNCIL MEMBER
DANIELLE ROMERO – COUNCILMEMBER
RAUL ALVAREZ – CITY MANAGER
Bid Opening (Electronic Bid through PlanetBids): December 17, 2025 at 11:00 am City of Montebello
Office of the City Clerk
1600 W. Beverly Boulevard
Montebello, CA 90640

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LED SIGN CITY HALL
C.P. No. 933

IN THE CITY OF MONTEBELLO

BID SCHEDULE
Tasks Timeline
Bid Period November 13, 2025 – December 17, 2025
Mandatory Pre-job walk onsite meeting November 18, 2025 at 9:30:00 am –City Hall 1600 Beverly Blvd
Questions/RFIs due by December 01, 2025 at 12:00 pm
Responses to RFIs due by December 08, 2025 at 5:00 pm
Bid Opening December 17, 2025 at 11:00 am
Award of Contract (Tentative) January 14, 2026 City Council Meeting Commence Construction March 2026
Tentative Completion Date June 2026
Close out Project July 2026
Bid proposals will be received via PlanetBids:
https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839 until 11:00 am on December 17, 2025
These Specifications have been prepared
under the direction of:

Cesar Roldan, Director of Public Works

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T he im age part wit h relations hip ID rId1 0 was not f oun d in t he file.

CITY OF MONTEBELLO

CALIFORNIA
TO PROSPECTIVE BIDDERS:

The City of Montebello invites you to become a prospective bidder on one of its public projects.

It is the City’s intention to provide you with thorough and complete information regarding this project and to present an accurate description of the necessary work so that you may successfully bid and construct the project.

Submittal of your bid assumes that you have made a thorough and complete investigation of the project site and that you have discovered no apparent discrepancies between the scope of work set forth in the plans and specifications and the actual field conditions.

If there are any questions regarding this project, please contact the City Engineer’s office at (323) 887-1200, ext. 462.

Cesar Roldan
Director of Public Works

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LED SIGN CITY HALL
C.P. No. 933

IN THE CITY OF MONTEBELLO

TABLE OF CONTENTS

NOTICE INVITING SEALED BIDS

INSTRUCTIONS TO BIDDERS

BID PROPOSAL

CONTRACT AGREEMENT

GENERAL SPECIFICATIONS

SPECIAL PROVISIONS

STANDARD PLANS

PROJECT PLANS

SOUTHERN CALIFORNIA EDISON PLAN
A-1 to A-3
B-1 to B-3
C-1 to C-21
D-1 to D-21
APPENDIX “A”
APPENDIX “B”
APPENDIX “C”
APPENDIX “D”
APPENDIX “E”

DEPARTMENT OF INDUSTRIAL RELATIONS (DIR)
CONTRACTOR REGISTRATION NUMBER FORM APPENDIX “F”

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A-5

NOTICE INVITING BIDS
FOR

LED SIGN CITY HALL
C.P. No. 933

IN THE CITY OF MONTEBELLO
PUBLIC NOTICE IS HEREBY GIVEN that the City of Montebello as AGENCY, invites sealed bids for the above stated project and will receive such bids electronically ONLY thru PlanetBids, https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839 by 11:00 am December 17, 2025.

SCOPE OF WORK: The work to be performed or executed under these specifications consists of furnishing all materials, equipment, tools, labor, and incidentals as required by the contract documents to construct the above stated project. It is the intent of this contract to have the contractor perform the “Project”, and other appurtenances in accordance with the latest adopted edition of the Building Code, the 2021 Standard Plans for Public Works Construction (SPPWC), 2021 Standard Specifications for Public Works Construction “Greenbook” (referred to as Standard Specification), 2023 Caltrans Standard Plans and Specifications unless otherwise shown.

CONTRACT DOCUMENTS:

Copies of the contract documents and specifications are available through PlanetBids.

In order to be on the Planholder List for this project, each bidder must submit a Bidders Information Sheet through PlanetBids. Bids will not be accepted unless the bidder is on the Planholder List. All questions from plan holders must be sent through PlanetBids.

Questions: All questions related to this project prior to the opening of bids shall be submitted electronically and received no later than 12:00 pm on December 01, 2025.

PREVAILING WAGE:

Prevailing wage requirements apply to public works projects with a value exceeding $1,000.00. The definition of “public works” is found at Labor Code Section 1720, et seq.

Pursuant to Section 1770, etseq., of the California Labor Code, the Contractorshall pay the general prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations of the State of California for the locality where the work is to be performed. A copy of said wage rates is available on-line at: B-2 http://dir.ca.gov/OPRL/DPreWageDetermination.htm.

The Contractor and any subcontractors shall pay not less than said specified rates and shall post a copy of said wage rates at the project site. Federal Labor Standards Provisions, including prevailing wage requirements of the Davis-Bacon and Related Acts will be enforced. In the event of a conflict between Federal and State wages rates, the higher of the two will prevail.

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A-6
The Contractor shall fill in the Department of Industrial Relations (DIR) Contractor Registration Number Form provided in Appendix “B” and submit it with the sealed Bid.

The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, marital status or religion in any consideration leading to the award of contract.

In entering into a public works contract, or subcontract, to supply goods, services, or materials pursuant to a public works contract, the Contractor, or the Subcontractors, offers and agrees to assign to the awarding body all rights, title and interest in, and to, all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) of under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public work contract or the subcontract. This assignment shall be made and become effective as the time the awarding body tenders final payment to the Contractor, without further acknowledgement by the parties.

Bids must be prepared on the approved Proposal forms in conformance with the “Instructions to Bidders” and submitted electronically. The bid must be accompanied by certified or cashier’s check, or bidder’s bond, made payable to the AGENCY for an amount no less than ten percent of the amount bid.

Bidders must hold a valid California Class A or C 45 Contractor’s License.

No bid will be accepted from a Contractor who has not been licensed in accordance with provisions of the Business and Professions Code. The successful Contractor and his subcontractors will be required to possess business licenses from the City.

The AGENCY will deduct five percent (5%) retention from all progress payments as specified in Section 9-3.2 of these Specifications. The Contractor may substitute an escrow holder surety of equal value to the retention and the Contractor shall be beneficial owner of the surety and shall receive any interest thereon.

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A-7
The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids, under advisement for a period of sixty (60) days.

The contract period for this project is Sixty (60) working days from the effective date of the Notice-to-Proceed to be issued by the City.

BY ORDER OF: The City of Montebello, California
Christopher Jimenez, City Clerk

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B-1

INSTRUCTIONS TO BIDDERS
FOR

LED SIGN CITY HALL
C.P. No. 933

IN THE CITY OF MONTEBELLO

PROPOSAL FORMS
Bids shall be submitted directly through PlanetBids
(https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839) and contractors must use the Proposal forms provided by the AGENCY (contained within these contract specifications). All information requested therein must be clearly and legibly set forth in the manner and form indicated. The AGENCY will not consider any proposal not meeting these requirements.

PROPOSAL GUARANTEE
Proposals must be accompanied by a proposal guarantee consisting of a certified or cashier’s check or bid bond payable to the AGENCY in the amount not less than ten percent of the total amount bid. Any proposal not accompanied by such a guarantee will not be considered. If a bidder to whom a contract is awarded fails or refuses to execute the contract documents or furnish the required insurance policies and bonds as set forth in those documents, the proposal guarantee shall be forfeited to the AGENCY. The proposal guarantees for all bidders will be held until the successful bidder has properly executed all contract documents.

DELIVERY OF PROPOSAL
Bids shall be submitted directly through PlanetBids
(https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839) 11:00 A.M. on December 17, 2025. It is the bidder’s responsibility to ensure the bids have been successfully submitted through PlanetBids. Late proposals will not be considered.

WITHDRAWAL OF PROPOSALS
A proposal may be withdrawn by a written request signed by the bidder. Such requests must be delivered to the AGENCY’s designated official prior to the bid-opening hour stipulated in the Notice Inviting Bids. Proposals may not be withdrawn after said hour without forfeiture of the proposal guarantee. The withdrawal of the proposal will not prejudice the right of the bidder to submit a new proposal, providing there is time to do so.

IRREGULAR PROPOSALS

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B-2
Unauthorized conditions, limitations, or provisions attached to a proposal will render it irregular and may cause its rejection. The completed proposal forms shall be without interlineations, alterations, or erasures. Alternative proposals will not be considered unless specifically requested.

No oral, telegraphic, telephonic, facsimile or electronic proposal, modification or withdrawal will be considered.

TAXES
No mention shall be made in the proposal of Sales Tax, Use Tax, or any other tax, as all bid amounts will be deemed and held to include any and all such applicable taxes.

DISQUALIFICATION OF BIDDERS
In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected, and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder, and while doing so, may also submit a formal proposal as a prime contractor. No proposal will be accepted from a bidder who has not been licensed in accordance with the provisions of the State Business and Professions Code.

DISCREPANCIES AND MISUNDERSTANDINGS
Bidders must satisfy themselves by personal examination of the work site, Plans, Specifications, and other contract documents and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the work must be performed.

No bidder shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in the Plans, Specifications, or other contract documents shall be called to the attention of the AGENCY and clarified prior to the submission of proposals.

EQUIVALENT MATERIALS
Although the bidder may believe that by use of a different material than that specified on/in the plans and specifications, a lower cost project/bid may result. The bidder is to bid the project on the basis of using the material(s) as named keeping in mind that all materials named herein by manufacturer is not to prohibit the bidder considering using in his bid what he considers to be an equal material except where the AGENCY has designated a sole product. Once the bids have been opened the successful Contractor may discuss with the AGENCY the use of another product; which may result in a determination by the AGENCY that the other product is equal and possibly that by the AGENCY allowing the use of the Contractor proposed equal that a change in the contract amount may result.

LEGAL RESPONSIBILITIES
All proposals must be submitted, filed, made, and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same or expressly referred to herein or not. Any bidder submitting a proposal shall by such action thereby agree to each and all of the

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B-3
terms, conditions, provisions, and requirements set forth, contemplated, and referred to in the Plans, Specifications, and other contract documents, and to full compliance therewith.

AWARD OF CONTRACT
The award of contract, if made, will be to the lowest responsible bidder as determined solely by the AGENCY. Additionally, the AGENCY reserves the right to accept or reject any or all proposals, to waive any irregularity, and to make an award as may best serve the interests of the AGENCY.

SURETY BOND PERIOD
Surety Faithful Performance Bond shall be maintained for one (1) year after completion of project construction.

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C-1

PROPOSAL
FOR

LED SIGN CITY HALL
C.P. No. 933

IN THE CITY OF MONTEBELLO
TO THE CITY OF MONTEBELLO, as “AGENCY” or “City”
In accordance with the City’s Notice Inviting Sealed Bids, the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated project as set forth in the Plans, Specifications, and contract documents therefor and to perform all work in the manner and time prescribed therein.

BIDDER declares that this proposal is based upon careful examination of the work site, Plans, Specifications, Instruction to Bidders, and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with City at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to City of the guarantee accompanying this proposal. This bid may not be withdrawn within a period of sixty (60) days after the date of its proper opening by the City.

BIDDER understands that a bid is required for the entire work and that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE

CITY RESERVES THE RIGHT TO INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures.

If awarded the Contract, the undersigned further agrees that in the event of the BIDDER’s default in executing the required contract and filing the necessary bonds and insurance certificates within ten (10) working days after the date of the City’s notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the City and this bid and the acceptance hereof may, at the City’s option, be considered null and void.

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C-2

PROPOSAL
FOR

LED SIGN CITY HALL
C.P. No. 933

IN THE CITY OF MONTEBELLO
The undersigned declares that he has carefully examined the location of the proposed work, that he has examined the specifications and read the accompanying instructions to bidders, and hereby proposes to do all the work in accordance with said specifications for the amounts set forth below:

Construct improvements as reiterated above, located in the City of Montebello, California, in accordance with the specifications for the unit price set forth in the following items:

BASE BID SCHEDULE
ITEM
NO. DESCRIPTION EST. QTY. UNIT UNIT PRICE EXTENDED AMOUNT 1 Mobilization 1 LS $ $
2 Traffic Control 1 LS $ $
3 Implementation of BMPs 1 LS $ $
Electronic billboard, 6mm pixel
Watchfire LED Display 1 LS $ $
TOTAL AMOUNT BASE BID SCHEDULE IN FIGURES $
TOTAL AMOUNT BID IN WORDS:

Dollars
Bidder’s Signature Title
Company Name
4

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C-3

DESIGNATION OF SUBCONTRACTORS
California Public Contract Code 6109
The City of Montebello cannot permit a contractor or subcontractor who is ineligible to bid or work on, or be awarded, a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code to bid on, be awarded, or perform work as a subcontractor on, a public works project.

In compliance with the Subletting and Subcontracting Fair Practices Act (Chapter 2, commencing at Section 4100, Division 5, Title 1 of the California Public Contract Code) and any amendments thereof, each bidder shall set forth below: (a) the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement to be performed under this contract in an amount in excess of one-half of one percent of the prime contractor's total bid, and (b) the portion of the work which will be done by each subcontractor under this act. The prime contractor shall list only one subcontractor for each such portion as is defined by the prime contractor in this bid.

If a prime contractor fails to specify a subcontractor or if a prime contractor specifies more than one subcontractor for the same portion of work to be performed under the contract in excess of one-half of one percent of the prime contractor's total bid, the prime contractor shall be deemed to have agreed that he/she is fully qualified and will perform that portion themselves.

No prime contractor whose bid is accepted shall (a) substitute any subcontractor, (b) permit any subcontract to be voluntarily assigned or transferred or allow it to be performed by anyone other than the original subcontractor listed in the original bid, or (c) subcontract any portion of the work in excess of one-half of one percent of the prime contractor's total bid as to which his/her original bid did not designate a subcontractor, except as authorized in the Subletting and Subcontracting Fair Practices Act. Subletting or subcontracting of any portion of the work in excess of one-half of one percent of the prime contractor's total bid as to which no subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the authority awarding this contract setting forth the facts constituting the emergency or necessity.

California Public Contract Code 7104
Contractor shall, in any activity involving trenching more than four feet deep, notify the Engineer of hazardous materials, subsurface or latent physical site conditions different from those indicated and any unusual site conditions. Contractor shall, in contracts exceeding $25,000, provide detailed plans for trenches or excavations of five feet or more in depth. Cal. Lab. Code § 6705.

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Bidder’s List of subcontractor
As of March 1, 2015 Contractors (and sub-contractors) wishing to bid on public works contracts shall be registered with the State Division of Industrial Relations and certified to bid on Public Works contracts. Please register at:
https://efiling.dir.ca.gov/PWCR/ActionServlet?action=displayPWCRegistrationForm In accordance with Title 49, Section 26.11 of the Code of Federal Regulations, and Section 4104 of the Public Contract Code of the State of California, as amended, the following information is required for each sub-contractor who will perform work amounting to more than one half of one percent (0.5%) of the Total Base Bid or $10,000 (whichever is greater). Photocopy this form for additional firms.

Subcontractor Name and Location
Line Item # &
Description
Subcontract
Amount
Percentage of Bid Item
Subcontracted
Contractor
License Number
DIR Reg Number
Name:

City, State
Name:

City, State

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Name:

City, State

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REFERENCES
The following are the names, addresses, and telephone numbersfor three public agenciesfor which BIDDER has performed similar work within the past two years:

1. Name and Address of Agency
Name and telephone number of person familiar with project Contract amount Type of work Date completed

2. Name and Address of Agency
Name and telephone number of person familiar with project Contract amount Type of work Date completed

3. Name and Address of Agency
Name and telephone number of person familiar with project Contract amount Type of work Date completed
The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds:

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(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS PROPOSAL SHALL ALSO CONSTITUTE

AN ENDORSEMENT AND EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A PART OF THIS

PROPOSAL)

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder , proposed
subcontractor , hereby certifies that he
has , has not , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.

Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.)
Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.

Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor.

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PUBLIC CONTRACT CODE
Public Contract Code Section 10285.1 Statement
In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares
under penalty of perjury under the laws of the State of California that the bidder has , has not been convicted
within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.

Note: The bidder must place a checkmark after "has" or "has not" in one of the blank spaces provided.

The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

Public Contract Code Section 10162 Questionnaire
In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire:

Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No
If the answer is yes, explain the circumstances in the following space.

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Public Contract Code 10232 Statement
In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.

Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire.

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

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Non-collusion Affidavit
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY / COUNTY of
DEPARTMENT OF PUBLIC WORKS.

In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Noncollusion Affidavit.

Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

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NON-COLLUSION AFFIDAVIT
The undersigned is submitting a bid for performing the following work by contract, being duly sworn, deposes and says:

That he/she has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract.
(Fill in description of contract)
Company
Name of Bidder
Signature of Bidder
Business Address
City StateZip Code
Subscribed and sworn to before me this day of , 20 .

Notary Public in and for the County of
, State of California.

My Commission Expires , 20 .

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DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
• is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;
• has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years;
• does not have a proposed debarment pending; and
• has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.

If there are any exceptions to this certification, insert the exceptions in the following space.

Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.

Notes: Providing false information may result in criminal prosecution or administrative sanctions.

The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification.

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NONLOBBYING CERTIFICATION

FOR FEDERAL-AID CONTRACTS
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
(l) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.

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DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352

1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
b. grant b. initial award b. material change
c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee year quarter
f. loan insurance date of last report

4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime:

Prime Subawardee
Tier , if known
Congressional District, if known Congressional District, if known

6. Federal Department/Agency: 7. Federal Program Name/Description:

CFDA Number, if applicable

8. Federal Action Number, if known: 9. Award Amount, if known:

10. a. Name and Address of Lobby Entity b. Individuals Performing Services (including (If individual, last name, first name, MI) address if different from No. 10a) (last name, first name, MI)
(attach Continuation Sheet(s) if necessary)

11. Amount of Payment (check all that apply) 13. Type of Payment (check all that apply) $ actual planned

12. Form of Payment (check all that apply):
a. cash
b. in-kind; specify: nature
value
a. retainer
b. one-time fee
c. commission
d. contingent fee
e deferred
f. other, specify

14. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11:
(attach Continuation Sheet(s) if necessary)

15. Continuation Sheet(s) attached: Yes No

16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required
pursuant to 31 U.S.C. 1352. This information will be
reported to Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Signature:

Print Name:

Title:

Telephone No.: Date:

Authorized for Local Reproduction
Federal Use Only: Standard Form - LLL

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INSTRUCTIONS FOR COMPLETION OF SF-LLL,

DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether sub-awardee or prime Federal recipient, at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C. section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.

1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered Federal action.

2. Identify the status of the covered Federal action.

3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action.

4. Enter the full name, address, city, state and zip code of the reporting entity.

Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.

5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known.

6. Enter the name of the Federal agency making the award or loan commitment.

Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard.

7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments.

8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001."

9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5.

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10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered Federal action.
(b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (Ml).

11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made.

12. Check the appropriate box. Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment.

13. Check the appropriate box. Check all boxes that apply. If other, specify nature.

14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered.

Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted.

15. Check whether or not a continuation sheet(s) is attached.

16. The certifying official shall sign and date the form, print his/her name title and telephone number.

Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SF-LLL-Instructions Rev. 06-04-90«ENDIF»

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Note: The standard printed bid bond form of any bonding company acceptable to the City of Montebello may be used in lieu of the following approved sample bond form, provided the security stipulations protecting the City of Montebello are not in any way reduced by use of the surety company’s printed standard form.

PROPOSAL GUARANTEE

BID BOND
FOR

LED SIGN CITY HALL
C.P. No. 933

IN THE CITY OF MONTEBELLO
KNOW ALL MEN BY THESE PRESENTS that
, as BIDDER, and
, as SURETY, are held and firmly
bound unto the City of Montebello, as AGENCY, in the penal sum of dollars ($ ), which is ten percent of the
total amount bid by BIDDER to AGENCY for the above stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly be these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY.

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals, this day of , 20 .

BIDDER*
SURETY*
Subscribed and sworn to this day of , 20 .

NOTARY PUBLIC
*Provide BIDDER/SURETY name, address and telephone number and the name, title, address and telephone number of authorized representative.

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BIDDER’S VIOLATION OF LAW/SAFETY QUESTIONNAIRE
FOR

LED SIGN CITY HALL
C.P. No. 933

IN THE CITY OF MONTEBELLO
In accordance with Government Code Section 14310.5, the BIDDER shall complete, under penalty of perjury, the following questionnaire.

QUESTIONNAIRE
Has the Bidder, any officer of the bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation?
Yes No
If the answer is yes, explain the circumstances in the space provided.

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EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE
BIDDER certifies that in all previous contracts or subcontractors, all reports which may have been due under the requirements of any AGENCY, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding.

AFFIRMATIVE ACTION CERTIFICATION
BIDDER certifies that affirmative action has been taken to seek out and consider minority business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been fully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded thereunder.

Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents.

NON-COLLUSION AFFIDAVIT
BIDDER declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, or employee of the AGENCY is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation making a bid for the same work and that this proposal is in all respects fair and without collusion or fraud.

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BIDDER’S INFORMATION
BIDDER certifies that the following information is true and correct:

Bidder’s Name
Business Address:

Telephone
State Contractor’s License No. and Class:

Original Date Issued Expiration Date
The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest in this proposal:

The date of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal is as follows:

All current and prior DBA’s, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows:

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IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, title, hands, and seals of all forenamed principals this day of , 20 .

BIDDER
The undersigned declares under penalty of perjury under the laws of the State of California that the representations made hereto are true and correct.

Signature of Contractor’s Representative
Printed Name
Title
Subscribed and sworn to this day of ,20 .

NOTARY PUBLIC

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CITY OF MONTEBELLO

STANDARD PUBLIC WORKS AGREEMENT
(SAMPLE)
THIS STANDARD PUBLIC WORKS AGREEMENT (“AGREEMENT”) is dated for reference purposes only and is made and entered into by and between the CITY OF MONTEBELLO, a Municipal corporation (the “CITY”) and (“CONTRACTOR”) whose address is
.

SEC. 1. RECITALS
WHEREAS, the CITY duly advertised a Notice Inviting Bids to be submitted on or before on . for
the work of (describe work), (“PROJECT”).

WHEREAS, on , the City Council accepted the bid of
CONTRACTOR as the lowest responsible, responsive bid received and directed that a written contract be entered into with CONTRACTOR for the PROJECT.

NOW, THEREFORE, in consideration of the promises and the mutual covenants and agreements herein contained, the parties do hereby agree as follows:

SEC. 2. CONTRACT DOCUMENTS.

A. The CONTRACT DOCUMENTS for the PROJECT shall consist of the Notice Inviting Sealed Bids, the Instructions to Bidders, Bidders Proposal, Addendums, General Specifications and all referenced specifications, details, standard drawings, and appendices, together with this Contract and all required bonds, and insurance certificates. All of the “Contract Documents” are intended to complement the other documents so that any work called for in one, and not mentioned in the others, or vice versa, is to be executed the same as if mentioned in all of said documents.

The CONTRACT DOCUMENTS are incorporated herein by this reference and made part hereof as though they were fully set forth herein.

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

1. This AGREEMENT

2. Appendices

3. Standard drawings

4. Details

5. Special Provisions, if any

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6. Addendums

7. General Specifications and all referenced specifications

8. Bidders Proposal

9. Instructions to Bidders

10. Notice Inviting Sealed Bids
SEC. 3. THE WORK.

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

SEC. 4. COMPENSATION.

CONTRACTOR hereby agrees to receive and accept the total amount of , which is based on performing all of the work
shown on Bidders Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the CONTRACT DOCUMENTS, and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. CITY shall herein retain five percent (5%) of said price until said time as the provisions of SEC. 18 herein have been met.

Sec. 4.1. Progress Payments
Progress Payments shall be made in accordance with section of the General Provisions and the provisions of this Section 4.1. Upon receipt of a properly presented payment request, the CITY shall process the payment request in accordance with Public Contracts Code Section 20104.5. The CITY shall review the payment request as soon as possible. If the CITY rejects the payment request, it shall be returned to the CONTRACTOR within seven days of its receipt by the CITY with an explanation for the reasons of its rejection. If the payment request is approved in writing by the CITY, payment shall be made in thirty (30) days of receipt of an undisputed and properly presented payment request. Late payments shall bear interest at the legal rate of interest in accordance with Code of Civil Procedure 685.010. CITY shall pay CONTRACTOR a sum based upon ninety five percent (95%) of the contract price apportionment of the labor and materials incorporated into the work under the contract during the period covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security. Refer to Section 4.2 of this Agreement for retention of funds.

Sec. 4.2. Retention of Funds

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Progress payments shall be made in accordance with the provisions of Section 4.1 of this Agreement. In accordance with said section, CITY shall pay CONTRACTOR a sum based upon ninety five percent (95%) of the contract price in proportion to the labor and materials incorporated into the work under the contract during the month covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security to be paid to the CONTRACTOR within sixty (60) days after final acceptance of the work by the City Council, after CONTRACTOR shall have furnished CITY with a release of all undisputed contract amounts, if required by CITY.

In the event there are any claims specifically excluded by CONTRACTOR from the operation of the release, the CITY may retain proceeds (per Public Contract Code 7107) of up to 150% of the amount in dispute. CITY’s failure to deduct or withhold shall not affect CONTRACTOR’s obligations hereunder.

Sec. 4.3. Substitution of Securities.

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

SEC. 5. UNDOCUMENTED WORKERS.

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

SEC. 6. NOTICE TO PROCEED.

CONTRACTOR shall commence work on the date specified in the Notice to Proceed to be issued in writing to CONTRACTOR by the CITY and shall complete work on the PROJECT within seventy-five (75) Working Days from the commencement thereof.

SEC. 7. DISCOVERY OF HAZARDOUS OR LATENT CONDITIONS.

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

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

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

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

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

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

D. In the event of a dispute between CITY and CONTRACTOR as to whether the conditions materially differ or involve hazardous waste or cause a decrease or increase in the CONTRACTOR’s cost of, or time required for performance of any part of the work, CONTRACTOR shall not be excused from any schedule completion date, and shall proceed with all work to be performed under the Contract. CONTRACTOR shall retain any and all rights which pertain to the resolution of disputes and protests between the parties.

SEC. 8. MISCELLANEOUS STATUTORY REQUIREMENTS
Sec. 8.1. Contractor License.

CONTRACTOR shall possess a california contractor’s license type “A” or C-45 for the performance of the Project.

Sec. 8.2. Ineligible Contractor Prohibited.

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

Sec. 8.3. Compliance with SB 854 Registration.

This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. No prime contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. No prime contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. The CONTRACTOR will be required to post job site notices as described in 8 California Code of Regulation section 16451(d).

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Sec. 8.4. Trench and Pipeline Safety.

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

Such plan shall be approved by a qualified representative of the CITY.

Sec. 8.5. Utility Relocation.

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

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

Sec. 8.6. Third Party Claims Notification.

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

Sec. 8.7. Unfair Business Practices Claims.

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

Sec. 8.8. Day’s Work.

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

Sec. 8.9. Payroll Records.

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

Sec. 8.10. Employment of Apprentices.

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Nothing in this Contract prevents CONTRACTOR or any subcontractor from employing properly registered apprentices in the execution of the Contract. CONTRACTOR is responsible for compliance with Labor Code section 1777.5 for all apprenticeable occupations. This statute requires that contractors and subcontractors must submit contract award information to the applicable joint apprenticeship committee, must employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice’s work for every five hours of labor performed by a journeyman (unless an exception is granted under §1777.5), must contribute to the fund or funds in each craft or trade or a like amount to the California Apprenticeship Council, and that contractors and subcontractors must not discriminate among otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed, national origin, ancestry or color. Only apprentices defined in Labor Code section 3077, who are in training under apprenticeship standards and who have written apprentice contracts, may be employed on public works in apprenticeable occupations.

Sec. 8.11. Records Audit
In accordance with Government Code, Section 8546.7, records of both the CITY and the CONTRACTOR shall be subject to examination and audit by the Auditor General for a period of three (3) years after final payment.

SEC. 9. PREVAILING WAGES
A. CONTRACTOR shall pay prevailing Wage rates for this Project in accordance with the “General Wage Determination Made by the Director of Industrial Relations Pursuant to California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773 and 1773.1", for Los Angeles County. Wage rates shall conform with those posted at and the Project site.

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

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

2. Section 1777.4 - Apprenticeship Requirements.

3. Section 1777.5 - Apprenticeship Requirements.

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

5. Sections 1810 and 1811 - Working Hour Restrictions.

6. Section 1775 - Payroll Records.

7. Section 1773.8 - Travel and Subsistence Pay.

SEC. 10. INDEMNITY, DEFENSE AND HOLD HARMLESS
A. CONTRACTOR shall indemnify, defend with legal counsel approved by CITY, and hold harmless CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and

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all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the CITY. Should conflict of interest principles preclude a single legal counsel from representing both CITY and CONTRACTOR, or should CITY otherwise find CONTRACTOR’s legal counsel unacceptable, then CONTRACTOR shall reimburse the CITY its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. The CONTRACTOR shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the CONTRACTOR’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.

B. CONTRACTOR obligations under this section apply regardless of whether such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of CITY under any provision of this agreement, CONTRACTOR shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where CITY is shown to have been actively negligent and where CITY’S active negligence accounts for only a percentage of the liability involved, the obligation of CONTRACTOR will be for that entire portion or percentage of liability not attributable to the active negligence of CITY.

SEC. 11. BONDS.

A. CONTRACTOR, before commencing said PROJECT, shall furnish and file with CITY, a Performance Bond, or bonds in the sum of one hundred percent (100%) of the Agreement price thereof conditioned upon the faithful performance of this Agreement in the form attached hereto as Exhibit “B.”.

B. CONTRACTOR, before commencing said PROJECT, shall furnish and file with CITY, a Payment Bond in the sum of 100% of the Agreement price, conditioned upon the payment of all labor and materials furnished in connection with this Agreement in the form attached hereto as Exhibit “C.”
SEC. 12. INSURANCE REQUIREMENTS.

Prior to commencing work hereunder, CONRACTOR shall provide the CITY with proof of insurance naming the CITY and each of its directors, officers, agents, and employees as additionalnamed insureds on a policy or policies of insurance providing and maintaining the coverages set forth in the Insurance Schedule attached hereto as Exhibit A. CITY shall have the right to hold the policies and policy renewals, and CONTRACTOR shall promptly furnish to CITY all renewal

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notices and all receipts of paid premiums. CITY may make proof of loss if not made promptly by CONTRACTOR.

SEC. 13. LIQUIDATED DAMAGES.

See Section 6-9 Liquidated Damages of the General Provisions. In addition, pursuant to the authority of California Public Contracts Code Section 7102, CITY and CONTRACTOR agree that the determination of actual damages for any unreasonable delay in performance of this Agreement caused by CITY would be extremely difficult or impractical to determine in the event of a breach of this Agreement by CITY. Therefore, if the CITY is determined to be liable for such unreasonable delays, the CITY and its sureties shall be liable to the CONTRACTOR for the sum of five hundred dollars ($500.00) as liquidated damages for each working day of delay in the performance of any service required hereunder
SEC. 14. DISPUTE RESOLUTION
Sec. 14.1. Claims of $375,000 or Less
A. A claim by the CONTRACTOR for a time extension, for money damages for work, or a payment disputed by the CITY must be submitted to a resolution process in accordance with Public Contracts Code Sections 21040-21040.4. A summary of Sections 21040-21040.4 are as follows:
(1) Informal negotiation between the CITY and CONTRACTOR. (2) Mediation with the CONTRACTOR.
(3) Court mandated Arbitration.
(4) Court trial. If the party requesting the court trial does not prevail, then that party must pay all court costs and attorney's fees.

Sec. 14.2 Public Contracts Code 9204 Claims
CONTRACTOR shall comply with the procedure set forth in Public Contracts Code section 9204 for any claim, as that term is defined therein, for one or more of the following: 1) a time extension, including, without limitation, for relief from damages or penalties for delay, 2) payment of money or damages arising from work done pursuant to this Agreement, and/or 3) payment of an amount disputed by the CITY under this Agreement. A summary of the provisions of Public Contracts Code Section 9204 is as follows:

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

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

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

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Montebello City CouncilNovember 12, 2025

Montebello City Council
November 12, 2025