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Agenda packet

Montebello City Council
March 25, 2026

Document
Agenda packet
Meeting
March 25, 2026
Body
Montebello City Council
Pages
357
Original file
45.0 MB
Text extracted from the city's file for reading and search. Open the original on montebelloca.api.civicclerk.com. That file is the official record.

CITY OF MONTEBELLO

CITY COUNCIL

REGULAR MEETING

WEDNESDAY, MARCH 25, 2026 AT 6:00 PM

CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD

MONTEBELLO, CALIFORNIA

CITY COUNCIL
Georgina Tamayo, Mayor
Danielle Romero, Mayor Pro Tem
Scarlet Peralta, Councilmember
Ric Alonzo, Councilmember
Salvador Melendez, 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 at 7:00 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 LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(d)(2)
Significant exposure in one case

REGULAR SESSION

CLOSED SESSION REPORT

INVOCATION

PLEDGE OF ALLEGIANCE

CORRECTIONS TO THE AGENDA - CITY MANAGER

CEREMONIAL ITEMS/PRESENTATIONS

2. CITIZEN OF THE MONTH - PABLO CASTORENA

3. PROCLAMATION FOR NATIONAL VIETNAM WAR VETERANS DAY

4. PROCLAMATION FOR WOMEN'S HISTORY MONTH

5. PROCLAMATION FOR NATIONAL DEVELOPMENT DISABILITIES MONTH 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

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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

6. WAIVE SECOND READING AND ADOPTION OF ORDINANCE NOS. 2487, 2488, 2489, AND 2490, AMENDING PROVISIONS OF TITLE 17 (ZONING) OF THE CITY OF MONTEBELLO MUNICIPAL CODE,

RELATED TO MIXED-USE DEVELOPMENT STANDARDS, OBJECTIVE DESIGN STANDARDS FOR

RESIDENTIAL AND MIXED-USE DEVELOPMENTS, SITE PLAN REVIEW STANDARDS, AND REZONING OF CERTAIN PROPERTIES CONSISTENT WITH THE MONTEBELLO 2040 GENERAL PLAN AND THE CITY’S HOUSING ELEMENT; AND APPROVE AND AUTHORIZE THE CITY MANAGER

TO EXECUTE COVENANTS AND AGREEMENTS FOR THE PRESERVATION AND PROTECTION OF

THE ARMENIAN GENOCIDE MARTYRS MONUMENT AND THE MONTEBELLO SCOUT HOUSE

RECOMMENDATION: It is recommended that the City Council:

1. Waive second reading of Ordinance No. 2487, amending Chapter 17.22 titled Commercial Zones Generally of the Montebello Municipal Code (“MMC”) to establish new mixed-use development standards applicable to the C-1 (Neighborhood Commercial) and C-2 (General Commercial) zoning districts, along with related updates incorporating mixed-use development provisions into Chapter 17.22; and

2. Waive second reading of Ordinance No. 2488, amending Title 17 – Zoning of the MMC to establish Chapter 17.21 titled Objective Design Standards, to provide new objective design standards for residential and mixed-use development projects; and

3. Waive second reading of Ordinance No. 2489, amending Chapter 17.74 titled Site Plan Review of the MMC to update thresholds for when a site plan review is required, remove provisions that allow the combination of multiple discretionary entitlement approvals under a single application, and include an exception that would allow certain qualifying mixed-use or residential projects to be reviewed administratively; and

4. Waive second reading of Ordinance No. 2490, approving the rezoning of certain properties to ensure consistency with the land use designations established by the Montebello 2040 General Plan and the opportunity sites identified in the City’s 6th Cycle Housing Element (2021-2029); and

5. Determine and find that the proposed amendments to Title 17 of the MMC and rezoning of certain properties are within the scope of, and consistent with, the 2040 General Plan, for which the City Council certified a Final Environmental Impact Report (“Final EIR”) on April 10, 2024 (State Clearinghouse No.2023050665), in compliance with the California Environmental Quality Act (“CEQA”), and

6. Approve and authorize the City Manager to execute the Covenant and Agreement for the preservation and protection of the Armenian Genocide Martyrs Monument in a form approved by the City Attorney; and

7. Approve and authorize the City Manager to execute the Covenant and Agreement for the preservation and protection of the Montebello Scout House in a form approved by the City Attorney; and

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

7. APPROVE PURCHASE AND SALE AGREEMENT WITH TUVF – MONTEBELLO, LLC FOR ACQUISITION OF REAL PROPERTY LOCATED AT 602-610 WEST WHITTIER BOULEVARD (LOS ANGELES COUNTY ASSESSOR’S PARCEL NOS. 6346-027-001, 6346-027-002, 6346-027-006, AND 6346-027-019) (THE “PROPERTY”)

RECOMMENDATION: It is recommended that the City Council:

1. Find and determine that acquisition of the Property is in conformance with the City’s General Plan pursuant to Government Code Section 65402 because it furthers the purpose of the community driven vision, direction and policy guidance set in the Montebello General Plan through the preservation of buildings within the community and how they are built, which promote economic development, land use, community design, and housing to achieve the community vision; and

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2. Find and determine that the approval of the Purchase and Sale Agreement is exempt from the California Environmental Quality Act (“CEQA”) pursuant to (i) CEQA Guidelines Section 15061(b)(3) – Common Sense Exemption in that it can be seen with certainty that there is no possibility that the approval of the Purchase and Sale Agreement may have a significant effect on the environment and is not a project under CEQA Guidelines Section 15378(a)(1) and none of the exceptions to the Categorical Exemptions under CEQA Guidelines Section 15300.2 apply; and

3. Approve the Purchase and Sale Agreement (“Agreement”) between the City of Montebello and TUVF – Montebello, LLC, for the acquisition of 602, 604, 608, and 610 West Whittier Boulevard in the amount of $3,150,000 plus Capitalized Costs totaling $63,784 as defined in the October 21, 2025, PUT Agreement; and

4. Authorize the City Manager to execute the Agreement and all related escrow and closing documents necessary to consummate the transaction, in a form approved by the City Attorney; and

5. Authorize the Finance Director to appropriate and disburse funds necessary to complete the acquisition and associated closing costs and costs related to anticipated maintenance and repairs; and,

6. Amend the Fiscal Year 2025-26 budget by increasing appropriations by $3,280,000 in Account No. 600- 90-900-6088 (Transit, Transportation, Administration, Property Purchase); and,

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

8. PRESENTATION OF COMMUNITY BUDGET FORUMS AND BUDGET SURVEY FEEDBACK, FISCAL YEAR 2026-27 BUDGET DEVELOPMENT

RECOMMENDATION: It is recommended that the City Council:

1. Receive and file the Fiscal Year 2026-27 Community Budget Forum and Budget Survey feedback; and,

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.

9. APPROVE AGREEMENT NO. 4481 WITH AM SIGNAL FOR PURCHASE AND INSTALLATION OF THE

OPTICOM GPS SYSTEM

RECOMMENDATION: It is recommended that the City Council:

1. Approve Agreement No. 4481 with AM Signal for the purchase and installation of the Opticom GPS system; and

2. Authorize the City Manager to execute the agreement and all applicable exhibits, attachments, and related documents necessary to implement the project in good faith; and

3. Approve issuance of the agreement through the Purchasing Cooperative of America in accordance with Montebello Municipal Code Chapter 3.20.050(F) – Cooperative Purchases; and

4. Amend the adopted Fiscal Year 2025-26 budget by increasing appropriations by $287,354 in Account 215-99-7116 (Proposition C Local – Non-Departmental – Improvements Other Than Building); and

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

10. APPROVE SENATE BILL 1 (SB1) FUND APPROPRIATION TO FISCAL YEAR 2025-26 SB1 RUBBERIZED ASPHALT STREET ENHANCEMENT PROJECT (CP 944)

RECOMMENDATION: It is recommended that the City Council:

1. Amend the Fiscal Year 2025-26 adopted budget to increase appropriations by $640,000 in Account No. 201-99-7116 (SB1/RMRA – Non-Departmental – Improvements Other Than Building); and

2. Authorize the use of $640,000 in Senate Bill 1/RMRA funds for the FY 2025-26 SB1 Rubberized Asphalt Street Enhancement Project (CP 944); and

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

11. APPROVE AGREEMENT NO. 4484 WITH VOLTAIRE ENGINEERING, INC. FOR CHET HOLIFIELD COMMUNITY GARDEN PROJECT (CP 945)

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RECOMMENDATION: It is recommended that the City Council:

1. Approve Agreement No. 4484 with Voltaire Engineering for the Chet Holifield Community Garden Project (CP 945) as the most responsive, responsible bidder in the amount of $292,556; and

2. Approve a construction contingency in the amount of $27,444; and

3. Amend the Fiscal Year 2025-26 budget by increasing appropriations by $100,000 in Account No. 100- 70-700-6040.10 (General – Parks and Recreation – Recreation Administration – Contract Services Outside Contracts); and

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

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

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

12. APPROVE AN INCREASE TO PURCHASE ORDER WITH COMMLINE INC. FOR PUBLIC SAFETY VEHICLE

OUTFITTING SERVICES

RECOMMENDATION: It is recommended that the City Council:

1. Approve an increase to the existing purchase order with Commline Inc. in an amount not-to-exceed $60,000 for the outfitting of public safety vehicles; and

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

13. ADOPT RESOLUTIONS FOR THE GENERAL MUNICIPAL ELECTION TO BE HELD AND CONDUCTED ON NOVEMBER 3, 2026

RECOMMENDATION: It is recommended that the City Council:

1. Approve Resolution No. 26-16 calling for the holding of a General Municipal Election to be held on Tuesday, November 3, 2026, for the election of certain officers as required by the provisions of the laws of the State of California relating to General Law Cities; and

2. Approve Resolution No. 26-17 requesting the Board of Supervisors of the County of Los Angeles to render full services to the City relating to a General Municipal Election to be held and conducted on Tuesday, November 3, 2026; and

3. Approve Resolution No. 26-18 requesting the Board of Supervisors of the County of Los Angeles to consolidate a General Municipal Election to be held on Tuesday, November 3, 2026, with other Los Angeles County and State of California elections to be held on the date pursuant to § 10403 of the Elections Code; and

4. Approve Resolution No. 26-19 adopting regulations for candidates for elective office pertaining to candidate statements submitted to the voters at an election to be held on Tuesday, November 3, 2026; and

5. Approve Resolution No. 26-20 providing for a procedure for determining by lot a tie among candidates at the November 3, 2026, General Municipal Election in accordance with Elections Code Section 15651.

14. APPROVE SUBMISSION OF AN APPLICATION FOR THE CALIFORNIA GOVERNOR'S OFFICE OF

EMERGENCY SERVICES (CAL OES) STATE AND LOCAL CYBERSECURITY GRANT PROGRAM

RECOMMENDATION: It is recommended that the City Council:

1. Approve submission of an application for the California Governor’s Office of Emergency Services (Cal OES) State and Local Cybersecurity Grant Program; and

2. Authorize the City Manager to conduct all negotiations and execute and submit documents reasonably- necessary for the completion of the awarded project; and

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

15. APPROVAL OF MINUTES: MARCH 11, 2026, CITY COUNCIL MEETING

RECOMMENDATION: It is recommended that the City Council:

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1. Approve said Minutes as is.

16. PAYMENT OF BILLS: ADOPT RESOLUTION NO. 26–21 APPROVING THE CITY WARRANT REGISTER OF DEMANDS DATED MARCH 25, 2026.

RECOMMENDATION: It is recommended that the City

1. Adopt Resolution No. 26-21 approving the Warrant Register dated March 25, 2026.

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.
• Scarlet Peralta, Councilmember

• Ric Alonzo, Councilmember

• Salvador Melendez, Councilmember

• Danielle Romero, Mayor Pro Tem

• Georgina Tamayo, Mayor

CLOSED SESSION - CONTINUED

ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on April 8, 2026, at 6:00 p.m., which can be live-streamed at https://www.montebelloca.gov (Click on Live Stream).

I, Kimberly Guillen, Director of City Clerk Services for the City of Montebello, hereby certify that a copy of this agenda has been posted on or before Sunday, March 22, 2026, 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 # 6

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Joseph Palombi, Director of Planning & Community Development

SUBJECT: WAIVE SECOND READING AND ADOPTION OF ORDINANCE NOS. 2487, 2488, 2489, AND 2490, AMENDING PROVISIONS OF TITLE 17 (ZONING) OF THE CITY

OF MONTEBELLO MUNICIPAL CODE, RELATED TO MIXED-USE

DEVELOPMENT STANDARDS, OBJECTIVE DESIGN STANDARDS FOR

RESIDENTIAL AND MIXED-USE DEVELOPMENTS, SITE PLAN REVIEW

STANDARDS, AND REZONING OF CERTAIN PROPERTIES CONSISTENT WITH THE MONTEBELLO 2040 GENERAL PLAN AND THE CITY’S HOUSING ELEMENT; AND APPROVE AND AUTHORIZE THE CITY MANAGER TO

EXECUTE COVENANTS AND AGREEMENTS FOR THE PRESERVATION AND

PROTECTION OF THE ARMENIAN GENOCIDE MARTYRS MONUMENT AND THE

MONTEBELLO SCOUT HOUSE

DATE: March 25, 2026

RECOMMENDATIONS:

It is recommended that the City Council:

1. Waive second reading of Ordinance No. 2487, amending Chapter 17.22 titled Commercial Zones Generally of the Montebello Municipal Code (“MMC”) to establish new mixed-use development standards applicable to the C-1 (Neighborhood Commercial) and C-2 (General Commercial) zoning districts, along with related updates incorporating mixed-use development provisions into Chapter 17.22; and

2. Waive second reading of Ordinance No. 2488, amending Title 17 – Zoning of the MMC to establish Chapter 17.21 titled Objective Design Standards, to provide new objective design standards for residential and mixed-use development projects; and

3. Waive second reading of Ordinance No. 2489, amending Chapter 17.74 titled Site Plan Review of the MMC to update thresholds for when a site plan review is required, remove provisions that allow the combination of multiple discretionary entitlement approvals under a single application, and include an exception that

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would allow certain qualifying mixed-use or residential projects to be reviewed administratively; and

4. Waive second reading of Ordinance No. 2490, approving the rezoning of certain properties to ensure consistency with the land use designations established by the Montebello 2040 General Plan and the opportunity sites identified in the City’s 6th Cycle Housing Element (2021-2029); and

5. Determine and find that the proposed amendments to Title 17 of the MMC and rezoning of certain properties are within the scope of, and consistent with, the 2040 General Plan, for which the City Council certified a Final Environmental Impact Report (“Final EIR”) on April 10, 2024 (State Clearinghouse No.2023050665), in compliance with the California Environmental Quality Act (“CEQA”), and

6. Approve and authorize the City Manager to execute the Covenant and Agreement for the preservation and protection of the Armenian Genocide Martyrs Monument in a form approved by the City Attorney; and

7. Approve and authorize the City Manager to execute the Covenant and Agreement for the preservation and protection of the Montebello Scout House in a form approved by the City Attorney; and

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

FISCAL IMPACT:

The recommended actions do not have a fiscal impact.

BACKGROUND/DISCUSSION:

On June 22, 2022, the City Council adopted the City’s Housing Element (6th Cycle, 2021- 2029), and subsequently was certified by the California Department of Housing and Community Development (“HCD”) on July 11, 2022.

On April 10, 2024, the City Council adopted the Montebello 2040 General Plan and the Downtown Montebello Specific Plan and certified a Final Environmental Impact Report (“Final EIR”) for both documents. The Montebello 2040 General Plan Update establishes the City’s long-term vision, goals, and policies to guide future development throughout the City.

As part of an extensive community engagement conducted from October 2020 through February 2024, approximately 31 public outreach activities were held in connection with the 2040 General Plan, Bike Plan, and Downtown Specific Plan. These community engagement efforts included 12 meetings before the decision-making bodies, 19 public workshops/focus group meetings, and two (2) separate surveys. The Montebello 2040 General Plan reflects input received from the community, stakeholders, and all who participated in the process. Through this community-based and collaborative approach, the General Plan has been designed to represent the interests and feedback of the community and to guide Montebello forward with a vision that supports progressive growth while preserving and enhancing the City’s quality of life.

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The proposed text code amendments are a matter of citywide importance and are necessary to preserve and protect public peace, health, safety, and welfare. These amendments serve as a critical implementation tool for the City’s Sixth Cycle Housing Element and the Montebello 2040 General Plan by ensuring that adopted goals and policies are realized through corresponding regulatory updates. The amendments advance the City’s housing and land use commitments by establishing new zoning classifications consistent with the City’s mixed-use standards, codifying Objective Design Standards for residential and mixed-use developments, removing regulatory constraints, streamlining development review processes, and improving consistency with recently enacted State housing legislation. To ensure full alignment with the goals, objectives, and policies of the General Plan and Housing Element, City staff is proposing amendments to the MMC as outlined below.

1. Chapter 17.22 - Commercial Zones Generally: Add Sections 17.22.220 through

17.22.240 to establish new mixed-use development standards applicable to the C-1 (Neighborhood Commercial) and C-2 (General Commercial) zoning districts, along with related updates incorporating mixed-use development provisions into Chapter 17.22.

2. “New” Chapter 17.21 – Objective Design Standards: Establish a new chapter within the MMC to provide objective design standards for residential and mixed- use development projects.

3. Chapter 17.74 – Site Plan Review: Update thresholds for when a site plan review is required, remove provisions that allow the combination of multiple discretionary entitlement approvals under a single application, and include an exception that would allow certain qualifying mixed-use or residential projects to be reviewed administratively.

4. Rezoning and Zoning Map Update: Approve a Zone Change of certain properties to ensure general consistency with the land use designations established by the Montebello 2040 General Plan, specifically the opportunity sites identified in the City’s 6th Cycle Housing Element (2021-2029).

On February 10, 2026, the Planning Commission held a duly noticed public hearing to consider proposed amendments to the City’s Zoning Code (Title 17 of the Montebello Municipal Code), including revisions to the Zoning Map. Following the Planning Commission’s independent review, consideration, and analysis of the staff report and all information presented, the Planning Commission voted unanimously to adopt Planning Commission Resolution No. 02-26, recommending that City Council adopt Ordinance Nos. 2487, 2488, 2489, 2490 amending various provisions of Title 17 of the Montebello Municipal Code and approving amendments to the City’s Zoning Map. Resolution No. 02-26 is attached hereto as Attachment F and incorporated herein by reference.

On February 25, 2026, the City Council held a duly noticed public hearing to consider the proposed text code amendments and the corresponding amendments to the City’s Zoning Map. Following the City Council’s independent review, consideration, analysis of the staff report and information presented, as well as oral testimony by persons of the public, the City Council unanimously voted to introduce and waive the first reading of Ordinance Nos. 2487, 2488, 2489, and 2490, amending various provisions of Title 17

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of the Montebello Municipal Code and rezoning certain properties, consistent with the Montebello 2040 General Plan and City’s Housing Element. Additionally, the City Council adopted Resolution No. 26-09, approving amendments to the City’s Zoning Map.

Resolution No. 26-09 is attached hereto as Attachment E and incorporated herein by reference.

On March 11, 2026, the City Council conducted the second reading and considered adoption of the proposed text code amendments to the Municipal Code, along with the corresponding zone changes. During the meeting, several members of the public expressed concerns regarding open space, particularly with respect to Site No. 8 (801- 901 North Garfield Avenue), as identified in the 6th Cycle Housing Element (2021-2029) site inventory. In response, the City Council unanimously voted to table the item until March 25, 2026, to allow staff additional time to address these concerns.

In response to the issues raised, two additional action items have been included: 1) a Covenant and Agreement for the preservation and protection of the Armenian Genocide Martyrs Monument (see Attachment G); and 2) a Covenant and Agreement for the preservation and protection of the Montebello Scout House (see Attachment H).

It should be noted that none of the actions under consideration in this staff report would approve a development project.

ENVIRONMENTAL:

The proposed amendments to Title 17 of the Montebello Municipal Code and rezoning of certain properties are consistent with the 2040 General Plan, for which a Final Environmental Impact Report (Final EIR) was approved by the City Council on April 10, 2024 (SCH No. 2023050665), in compliance with CEQA Guidelines. The Final EIR evaluated the environmental impacts of implementing the General Plan, Specific Plan, and related zoning updates, and includes adopted findings, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program.

The 2040 General Plan includes the City’s 6th Cycle Housing Element, which was previously adopted and certified by the California Department of Housing and Community Development and was also analyzed within the Final EIR. The proposed zoning text and map amendments are within the scope of the certified Final EIR and do not result in new or more severe impacts. No further environmental review is required pursuant to CEQA Guidelines Sections 15162 and 15168.

ANALYSIS:

Collectively, the proposed zoning text amendments are intended to update Title 17 (Zoning) of the MMC to improve the housing development review process, ensure consistency with the City’s General Plan and Housing Element, and maintain compliance with State housing law. These amendments are described in greater detail below.

MIXED- USE STANDARDS (Attachment A)
The Montebello 2040 General Plan encourages mixed-use development as a means to

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integrate residential, commercial, office, civic, and employment uses in order to reduce vehicle trips and support walkable neighborhoods. Mixed-use development promotes economic development by allowing residential units, commercial uses, and employment opportunities to be located in close proximity. These development patterns support housing opportunities, reduce vehicle miles traveled, and strengthen neighborhood character.

Consistent with the goals and objectives of the Montebello 2040 General Plan, the City Council seeks to establish a flexible zoning framework that allows for high-quality mixed- use development while ensuring compatibility with existing neighborhoods. The intent of the mixed-use regulations is to provide clear development standards, permitted uses, and review procedures to guide future development within the City.

This proposed text amendment would amend Chapter 17.22 (Commercial Zones Generally) of the Montebello Municipal Code to establish mixed-use development standards within the City’s C-1 and C-2 commercial zones. The ordinance allows for the integration of residential, commercial, office, civic, and compatible employment uses within a single development. It establishes clear and objective regulations related to permitted and conditionally permitted uses, development intensity, building height, setbacks, parking, open space, and design standards. The mixed-use framework supports both vertical and horizontal development patterns and encourages pedestrian- oriented projects located near transit routes and multimodal corridors. The ordinance also includes incentives for housing development by allowing ministerial review when projects meet established objective design standards.

This ordinance implements the Montebello 2040 General Plan and advances the City’s long-term land use, housing, and economic development goals by encouraging infill and redevelopment of underutilized commercial properties, increasing housing opportunities near transit corridors, and supporting local businesses.

The proposed amendments to Chapter 17.22 are set forth in Attachment A, attached hereto and incorporated by reference, with new text shown in underline (example) and deleting the text shown in strikeout (example).

OBJECTIVE DESIGN STANDARDS (Attachment B)
The State of California has adopted a series of laws to address the ongoing housing crisis and better meet the housing needs of its residents. These laws require cities across California to review and update their residential development and design standards to support faster and more predictable permitting timelines, while still achieving reasonable and high-quality design outcomes. Cities must ensure their local regulations comply with State law and do not unnecessarily hinder the development of housing.

In November 2020, the Southern California Association of Governments (“SCAG”) Regional Council approved the 2020 Sustainable Communities Program (“SCP”) Housing and Sustainable Development (“HSD”) Call for Applications. Through this program, SCAG awarded a Regional Early Action Planning (“REAP”) grant to the City of Montebello to evaluate, document, and modernize its multi-unit and mixed-use development standards and permitting processes. This effort is intended to support a

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greater understanding of how objective development standards can help increase housing production in Los Angeles County and throughout California.

As part of the REAP program, SCAG retained a design and planning consulting firm to develop a custom zoning “toolkit” of objective development standards tailored to the City of Montebello. This toolkit is intended to assist the City in more efficiently adopting new standards into the zoning code and implementing State housing law requirements.

Objective standards are clear, measurable development criteria used by local agencies to regulate new projects. These standards provide certainty for both applicants and the public and are the sole basis on which a local agency may approve, deny, or condition certain housing projects under State law. Establishing objective standards is a key strategy for cities seeking to increase housing production while maintaining compatibility with community character.

The City’s commitment to objective standards is reflected in Programs 11 and 12 of the City’s 2021–2029 Housing Element. Program 11 calls for the establishment of clear, precise, and objective development standards based on the community’s vision, along with a streamlined approval process for projects that comply with those standards.

Program 12 further commits the City to simplifying and making the permitting and regulatory review process more predictable in order to reduce development costs and encourage new housing construction.

Consistent with these commitments, staff is proposing a text amendment to Title 17 of the MMC to add Chapter 17.21 – Objective Design Standards, which would establish objective design standards applicable to residential and mixed-use developments. The effort utilizes the guidance of the SCAG objective design standards toolkit and existing standards currently applied by the City, such as the Downtown Montebello Specific Plan requirements for floor area ratio, height, open space, building modulation, frontage, setbacks, and step backs.

For reference, the proposed Ordinance for Chapter 17.21 is set forth in Attachment B.

SITE PLAN REVIEW (Attachment C)
The primary objective of Chapter 17.74 - Site Plan Review (“SPR”) is to minimize or preclude potential adverse impacts to the public interest or on abutting properties and adjacent residential, commercial and industrial neighborhoods, resulting from the design or layout of a proposed development. City Staff is proposing several text amendments to Section 17.74.030 – When Required, including increasing the thresholds that trigger a site plan review, eliminating language that bundles discretionary entitlements per project, and adding exceptions for qualifying mixed-use and residential projects.

The SPR ordinance was last updated in 1990 and currently requires a site plan review for both commercial and industrial projects involving the construction of five thousand square feet or more of building area, as well as residential projects resulting in three or more dwelling units. The proposed zoning amendment to Section 17.74.030(A) revises the threshold for required site plan reviews in industrial and commercial zoning districts from 5,000 square feet of new construction to 25,000 square feet or more and revises

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the threshold for residential projects from three or more dwelling units to ten or more dwelling units.

These amendments are intended to better align the level of regulatory review with the scale, complexity, and potential impacts of development. Commercial and industrial projects under 25,000 square feet are generally limited in intensity and are less likely to generate substantial impacts related to traffic, infrastructure demand, environmental effects, or land use compatibility. As such, requiring site plan review for smaller projects may impose unnecessary regulatory burdens without providing a corresponding public benefit. Similarly, increasing the residential threshold from three to ten dwelling units reflects contemporary development patterns and planning objectives. Smaller residential projects such as duplexes, triplexes, and small multi-unit developments, typically have minimal impacts on surrounding neighborhoods and infrastructure and are often consistent with existing zoning standards. Requiring site plan review for projects with as few as three units can create barriers to modest infill development, housing diversity, and the efficient use of urban land. By raising the threshold to ten dwelling units, the City can focus discretionary review on larger residential projects that are more likely to affect neighborhood character, circulation, parking demand, and public services, while streamlining the approval process for smaller-scale housing projects that support local and regional housing goals.

Additionally, Section 17.74.030(A) currently states that a separate site plan review is not required for projects that require approval of a conditional use permit. Staff is proposing that this language be removed from the ordinance, thereby allowing each discretionary entitlement to be processed and approved independently. This change will enable Staff and decision-makers to make distinct findings for each entitlement, rather than combining multiple approvals under a single application.

Processing discretionary entitlements separately improves clarity, transparency, and consistency in project review. Each type of approval looks at different aspects of a project and has its own standards that must be met. Reviewing them independently allows staff and decision-makers to clearly explain how a project meets each set of requirements, rather than combining multiple approvals into a single decision. This change improves transparency for the public, helps ensure that all applicable standards are properly addressed, and strengthens the overall review process.

Lastly, staff is proposing to add Section 17.74.030(B) to include an exception in the site plan review standards that would allow certain qualifying mixed-use or residential projects to be reviewed administratively, rather than through the discretionary site plan review process, when at least 20 percent of the residential units are reserved for low-income households.

This exception is intended to support the development of affordable housing by reducing review time and cost. State housing laws increasingly encourage or require streamlined, ministerial approval processes for housing projects that meet objective development standards and include affordable units. By allowing qualifying projects to proceed through ministerial review, the City is aligning its local regulations with state housing policies, reducing barriers to affordable housing development, and supporting regional

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and statewide housing production goals.

Projects eligible for this exception would still be required to comply with all applicable zoning, design, and development standards, ensuring compatibility with surrounding areas while advancing housing affordability and equity objectives.

The proposed amendments to Chapter 17.74 are set forth in Attachment C, attached hereto and incorporated by reference, with new text shown in underline (example) and deleting the text shown in strikeout (example).

REZONING AND ZONING MAP UPDATE (Attachments D and E)
Prior to the adoption of the Montebello 2040 General Plan Update, the City’s General Plan had last been comprehensively updated in 1973, which was also the last time the City’s zoning designations were substantially revised.

In alignment with the proposed zoning text amendments, City staff is proposing to rezone approximately 270 parcels and to amend the Zoning Map accordingly. The proposed rezoning is based on the following criteria:

• To ensure consistency with the land use designations established by the Montebello 2040 General Plan and the opportunity sites identified in the City’s Housing Element; and
• To correct existing nonconforming or improperly zoned parcels in order to align zoning designations with surrounding land use patterns and current development standards.

Consistent with the proposed mixed-use development standards and objective design standards, the zoning amendments would allow mixed-use development within the C-1 (Neighborhood Commercial) and C-2 (General Commercial) zoning districts. These changes focus on the City’s primary commercial corridors, including Montebello Boulevard, Beverly Boulevard, Whittier Boulevard, Washington Boulevard, and Garfield Avenue.

A central objective of the Montebello 2040 General Plan is to preserve and stabilize established residential neighborhoods while directing growth toward key commercial corridors. The proposed comprehensive Zoning Map update advances this vision by enhancing opportunities for increased residential density along these corridors, supporting the provision of affordable and accessible housing, and encouraging mixed- use development. Collectively, the amendments ensure consistency with the land use framework established by the Montebello 2040 General Plan and the opportunity sites identified in the City’s Housing Element.

For reference, the proposed rezoning ordinance is included in Attachment D. Resolution No. 26-09, approving the updated City Zoning Map and adopted by the City Council on February 25, 2026, is provided in Attachment E.

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GENERAL PLAN CONSISTENCY
The proposed Zoning Code amendments and Zoning Map updates are consistent with and meet the goals and policies of the City of Montebello 2040 General Plan. The General Plan emphasizes directing growth to established corridors and neighborhoods through compact, infill development and mixed-use land uses. Policies within “Our Prosperous Community” chapter (Policies P2.2, P2.6, P2.7) support corridor-focused development, urban infill, and compact development patterns while preserving and enhancing existing industrial areas to meet current and future needs. The proposed zoning updates align with these policies by allowing increased density and flexibility within designated corridors and neighborhood land use areas, while maintaining protection for existing sites.

Additionally, policies within “Our Well-Planned Community” chapter (Policies P3.3, P3.4, and P3.6) promote revitalization of established neighborhoods and corridors, encourage the development of diverse and walkable neighborhoods, and support the preservation and expansion of industrial districts.

Although approval of the proposed amendments will bring the majority of identified parcels into alignment with the City’s General Plan, with an emphasis on rezoning those sites identified in the City’s 6th Cycle Housing Element, the General Plan is not intended to function as a universal solution for every neighborhood. The General Plan does not function as a regulatory document; rather, it provides a vision with goals and policies. As implementation moves forward and additional site-specific and neighborhood-level conditions are evaluated, some parcels may remain inconsistent with the adopted designations. Staff will continue to evaluate those parcels on a case-by-case basis and may be considered for future General Plan designation amendments and/or rezoning to ensure the City’s land use policies remain responsive, context-sensitive, and consistent with long-term planning objectives.

Collectively, these policies support the proposed Text Code Amendments and Zoning Map update, that are consistent with and support the Montebello 2040 General Plan by advancing the City’s adopted goals, objectives, and future vision for growth and development. The proposed amendments all align with applicable land use objectives, ensuring that future development is compatible with the future goals of the City and maintain consistency with the General Plan’s framework.

The following General Plan goals and policies apply to the proposed Text Code Amendments within Title 17 of the Montebello Municipal Code and the proposed update to the City’s Zoning Map:

General Plan “Our Prosperous Community” Element policy 2 (P2.2) “Promote corridor development.”

General Plan “Our Prosperous Community” Element policy 2 (P2.6) “Preserve and enhance industrial areas.”

General Plan “Our Prosperous Community” Element policy 2 (P2.7) “Encourage urban infill and compact development.”

General Plan “Our Well-Planned Community” Element policy 3 (P3.3) “Revitalize

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established neighborhoods and corridors”.

General Plan “Our Well-Planned Community” Element policy 3 (P3.4) “New development will create diverse and walkable neighborhood”.

General Plan “Our Well-Planned Community” Element policy 3 (P3.6) “Preserve and enhance the industrial district while retaining and expanding existing businesses”.

SUMMARY:

The proposed text amendments to the Zoning Code are consistent with the Montebello 2040 General Plan and the City’s Housing Element, as they implement policies that promote mixed-use development, establish objective design standards, and ensure consistency between zoning regulations and General Plan land use designations.

Staff recommends that the City Council waive second reading of Ordinance Nos. 2487, 2488, 2489, and 2490, amending provisions of Title 17 (Zoning) of the City of Montebello Municipal Code and rezoning of certain properties.

The proposed Zoning Code amendments include the establishment of new mixed-use development standards, the adoption of objective design standards for residential and mixed-use developments, and revisions to the existing site plan review standards. In addition, the Zoning Map amendments included under adopted Resolution No. 26-09 would rezone certain properties to ensure consistency with their underlying General Plan land use designations. Collectively, these amendments are intended to implement the goals, policies, and programs of the City’s General Plan and Housing Element in accordance with State Housing Law.

ATTACHMENT(S)

1. Attachment A - Ordinance 2487_Mixed-Use Development Standards

2. Attachment B -Ordinance 2488_ Objective Design Standards

3. Attachment C - Ordinance 2489_Site Plan Review Standards

4. Attachment D - Ordinance 2490- Rezoning

5. Attachment E - Executed Resolution No. 26-09 - Zoning Classifications for Certain Parcels

6. Attachment F - Executed Planning Commission Resolution No. 02-26

7. Attachment G - Covenant and Agreement_City of Montebello_Armenian Genocide Martyrs Monument_(Draft 03-17-2026)

8. Attachment H - Covenant and Agreement_City of Montebello_Scout House Preservation (Draft 03-17-2026)

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ATTACHMENT A
ORDINANCE NO. 2487

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MONTEBELLO, CALIFORNIA, AMENDING CHAPTER 17.22 COMMERCIAL ZONES

GENERALLY TO INCLUDE MIXED USE DEVELOPMENT STANDARDS

WHEREAS, the City of Montebello is a general law city organized and existing under the laws of the State of California; and

WHEREAS, Title 17 of the Montebello Municipal Code establishes zoning regulation to implement the City of Montebello General Plan; and

WHEREAS, the City of Montebello General Plan encourages compact, pedestrian oriented development that integrates residential, commercial, civic and employment uses; and

WHEREAS, mixed-use development promotes efficient land uses, economic vitality, housing opportunities, reduced vehicle trips, and enhanced community character; and

WHEREAS, the General Plan encourages mixed–use development to integrate residential, commercial, office, civic, and employment uses to reduce vehicle trips and support walkable neighborhoods; and

WHEREAS, mixed-use development promotes economic development by encouraging residential units with commercial uses and employment opportunities within close proximity to residential areas; and

WHEREAS, the mixed-use is intended to provide clear development standards, permitted uses, and review procedures to guide future development; and

WHEREAS, the City Council desires to provide a flexible zoning framework that allows for high quality development while ensuring compatibility with existing neighborhoods; and

WHEREAS, the City Council finds that establishing mixed-use standards is consistent with the goals and policies of the Montebello General Plan and the public health, safety, and welfare; and

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ORDINANCE NO. 2487

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

SECTION 1. RECITALS. The above recitals are true and correct and made a part of the findings in support of this Ordinance.

SECTION 2. FINDINGS. The City Council hereby finds that this Ordinance is consistent with the City’s General Plan ensuring compatibility between the different land uses operating within the designated mixed-use areas. The mixed-use standards are intended to implement goals and policies of the Montebello General Plan by providing opportunities for integrated residential, commercial, office, civic and compatible employment within the city while also promoting a pedestrian oriented environment, infill development, and the revitalization within downtown, corridors, and neighborhoods.

SECTION 3. Chapter 17.22 of the Montebello Municipal Code is hereby amended in its entirety to read as follows (new language is underlined, while removed language is stricken):

Chapter 17.22 COMMERCIAL ZONES GENERALLY

17.22.010 Scope.

The following regulations shall be applicable to all properties and uses on any commercial (C) zone. The mixed-use sections shall apply to the C-1 and C-2 zones as described in section 17.22.220.

17.22.020 Development standards—Lot area, width and depth.

Exhibit 17.22.020 Commercial Development Standards, not applicable to mixed-use or standalone residential development projects.

EXHIBIT 17.22.020

COMMERCIAL DEVELOPMENT STANDARDS
Minimum Lot Maximum Zone
Area Width Depth Building
Height
Floor
Area
Ratio
Lot
Coverage
C-R 5,000 sq.
ft.
50 ft. 100 ft. 35 ft.
where
common
lot line
with R-1

0.5:1 60%

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ORDINANCE NO. 2487

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(25 ft. for
any
portion of
building
within 15
ft. of R-1
property)
C-1 5,000 sq.
ft.
50 ft. 100 ft. 35 ft.
where
common
lot line
with R-1
(25 ft. for
any
portion of
building
within 15
ft. of R-1
property)
1:1 Unlimited
except
for
required
yard
areas
C-2 2,500 sq.
ft.
25 ft. 100 ft. 35 ft.
where
common
lot line
with R-1
(25 ft. for
any
portion of
building
within 15
ft. of R-1
property)
3:1 Unlimited
except
for
required
yard
areas
C-M 7,500 sq.
ft.
25 ft. 100 ft. 35 ft.
where
common
lot line
with R-1
(25 ft. for
any
portion of
building
within 15
ft. of R-1
property)
2:1 Unlimited
except
for
required
yard
areas

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ORDINANCE NO. 2487

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17.22.030 Off-street parking and loading.

In addition to the following regulations, each lot or parcel of land in the C zones shall have and maintain off-street parking as prescribed in Chapter 17.52 of this code, Off-Street Parking Regulations. Any use with a gross floor area over six thousand square feet which requires deliveries or shipments must provide off-street loading facilities in accordance with the following requirements:

A. Required Spaces. Off-street loading spaces shall be provided on the same lot with every building or separate occupancy as follows:

Gross Floor Area (square feet) Required Spaces
6001 — 10,000 1
10,001 — 20,000 2
20,001 — 50,000 3
50,001 — 100,000 4
100,001 — 200,000 5
Each additional 100,000, or fraction
thereof
1 B. Size. Each off-street loading space shall be not less than twelve feet in width and thirty feet in length and fifteen feet in height. Uses requiring four or more spaces shall have one quarter (twenty-five percent) of the spaces with a minimum width of fourteen feet and a minimum length of sixty feet.

C. Location. Off-street loading facilities shall be located so that vehicles shall not extend on to public sidewalks or streets or required driveways in the course of loading or unloading goods.

17.22.040 Development standards—Trash areas.

Each lot or parcel shall be provided with facilities for the temporary storage and collection of trash, rubbish and garbage (hereafter "facilities") in accordance with all of the following:

A. Such facilities may be located within a building, or, if in the open, shall be enclosed by a masonry wall architecturally compatible with the main building and including a solid gate.

B. Where bulk-type trash containers are used, the same shall be fitted with rubber wheels for ease of movement.

C. All trash, rubbish and garbage receptacles and surrounding areas shall be regularly cleaned and maintained.

D. All containers shall be of substantial construction and provided with tight- fitting lids.

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ORDINANCE NO. 2487

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E. All trash storage areas shall be located for convenient vehicular access for pickup and disposal.

F. Trash areas in setbacks abutting residential zones are prohibited.

17.22.050 Development standards—Mechanical equipment, utilities or satellite dishes.

Each lot or parcel which has mechanical equipment or utilities or similar machinery located outside of the exterior walls of any building (except window- mounted devices), including roof-mounted equipment, shall:

A. Completely screen all such devices from view from any public right-of-way or adjacent residential uses by either view-obscuring landscaping, or architectural features compatible with the main structure(s); B. Maintain all such devices to prevent collection of litter and to avoid unnecessary noise.

17.22.060 Development standards—Signs.

Signs shall be in compliance with Chapter 17.62 of this code.

17.22.070 Development standards—Storage.

Storage shall be limited to accessory storage of commodities sold at retail or utilized in the conduct of a permitted use which is located on the premises. Storage must be within a completely enclosed building, except that vehicles and equipment used in the operation of a permitted use may be stored outdoors on the premises in the C-M zone.

17.22.080 Development standards—Setbacks, buffering and screening.

A. Minimum setbacks are shown on Exhibit 17.22.080 (A), Setback Requirements for Commercial Zones.

B. Landscaping is required throughout all required setbacks which abut residential property and throughout all other setbacks and open areas which are visible from the public street right-of-way unless used for parking, access or loading.

C. A solid wall or decorative building facade must be constructed along all property lines abutting residential property. Such fences or walls must be a minimum of six feet in height. Any solid fence which is constructed within twenty feet of a street right-of-way may not exceed three feet in height.

D. All fences or walls shall be of materials and design architecturally compatible with the main building.

E. There shall be no height limit on fences or walls on commercial properties adjacent to residential properties except where the property is adjacent to a residentially-zoned front yard, the fence or wall shall be no more than three feet in height.

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ORDINANCE NO. 2487

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F. 1. If there is a common side or rear lot with residentially-zoned property, the commercially-zoned property must have a solid decorative (on both sides) wall.

A wall shall be considered decorative if it incorporates architectural variation on its surface. That is, every six feet the materials or patterns of the wall shall vary.

2. In addition, the facade of such wall which faces the residential property shall be of a material as described in Section 17.10.130 (D).

EXHIBIT 17.22.080 (a)

SETBACK REQUIREMENTS FOR COMMERCIAL ZONES
From Lot Line Minimum Setback*
Front 5 feet; 0 feet with a decorative facade.
10 feet if abutting an R-zone.
20 feet in C-R if side abuts an R-zone.

Side 5 feet (15 feet if abutting R-zone); or
0 feet if no windows or doors (and
decorative if abutting an R-zone).
5 feet minimum in first 20 feet back
from the street if abutting an R-zone
and has a decorative facade.
5 feet in C-R if abutting R-zone.

Side Facing Street 5 feet; or 0 feet if decorative facade; 10 feet if C-R or if reverse corner lot
abutting R-zone.

Rear 5 feet (15 feet if abutting R-zone); or
0 feet if no windows or doors (and
decorative if abutting R-zone).
5 feet minimum in first 20 feet back
from street if a reverse corner lot
abutting an R-zone and has a
decorative facade.

* Note: The required yard setback shall be increased to twenty feet for any yard where the driveway enters.

17.22.090 Development standards—Landscaping.

A. Landscaping shall consist of a combination of trees, groundcover and shrubbery to adequately cover all designated landscaped areas when installed. Plant materials shall cover the designated planting areas from the outset.

1. Shrubs shall be not less than three feet in height when planted and cover not less than thirty percent of the landscaped area.

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ORDINANCE NO. 2487

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2. Trees shall be planted at a rate of one tree for each twenty linear feet of landscaped area (excluding parking lots). Trees shall be at least six feet in height from the ground to the lowest limb at the time of planting and shall attain a mature overall height of at least fifteen feet. Of each five required trees, one shall be at least fifteen feet in overall height when planted.

B. All landscaping shall be maintained in a neat, clean and healthful manner. To that end, each landscaped area shall be provided with a permanent, underground, automated irrigation system.

C. Nonliving material shall not be substituted for required landscaping, except that decorative rocks or stones may be substituted for groundcover where trees and shrubbery are sufficiently dense, (that is, cover at least seventy percent of the landscape area when planted).

D. A landscape plan (including plans for a permanent underground automated irrigation system) shall be submitted with the site plan for all commercial development. All landscaping and trees shall be approved by the city planning division, and installed prior to the issuance of a certificate of occupancy.

E. 1. Where a parking lot is visible from a public street, and lies within fifty feet of that street right-of-way, a five-foot deep landscape strip shall be developed adjacent to the street right-of-way in front of the parking lot.

2. In addition, if more than ten automobile parking spaces exist on a C-zoned lot or parcel of land, trees shall be provided internally in the lot in the amount of one tree for each ten parking spaces. The trees shall be at least six feet in height from the ground to the lowest limb at the time of planting and shall attain an overall height at maturity of at least fifteen feet.

F. All landscaping provided in conjunction with the development of parking facilities serving commercially-zoned properties shall be surrounded by a continuous six- inch concrete curb.

17.22.100 Development standards—Building materials.

A. A building facade shall be considered decorative if it incorporates architectural variations on its surface. That is, for every six feet in height, an additional surface material or color shall be used.

B. Metal buildings are prohibited (except for emergency equipment and supply shelters).

C. Fence materials shall be wrought iron, slump stone, split-face rock, brick, stucco or a similar material as approved by the planning division. (Chain link fencing and nondecorative masonry walls are permitted except where visible from and parallel to public streets or along property lines that adjoin residential property).

D. Security gates or grills are prohibited on the exterior of windows, doors or other entry ways visible from the public right-of-way.

E. All exterior building materials are subject to review by the planning division.

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ORDINANCE NO. 2487

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17.22.105 Development standards—Color.

A. The purposes of this section are to establish exterior color standards for structures in the commercial zone to ensure that such structures (except those structures used solely for residential purposes) remain compatible and consistent with surrounding development and the desired character of the community, to promote a positive and attractive business environment in the city and to implement the goals and policies of the city's design guidelines.

Providing for exterior color standards will create a sense of aesthetic harmony and encourage higher quality development, therefore improving the quality of life and overall image of the city. For purpose of this section, the term "structures" shall refer solely to the following: buildings, accessory buildings, and fences.

B. Consistent with the city of Montebello's design guidelines for commercial development, the primary body color of the exterior of a structure in the commercial zone shall be painted or colored in earth tones and neutral colors.

Examples of earth tone or neutral colors include off-whites, siennas, light greys, beiges, tans, browns or other similarly subdued tones, shades, or colors. When choosing exterior colors, consideration shall be given to the color of other structures nearby, with the objective being that the exterior colors of adjacent or surrounding structures complement one another.

C. While earth tones and neutral colors shall serve as the dominant overall primary body color of the exterior of a structure within the commercial zone, brighter colors may be used to accent other structural elements such as doors, window frames and other architectural features. Neon colored paint shall not be allowed on any structure. Such brighter colors and the placement of such brighter colors shall complement the primary body color of the structure as well as highlight decorative details, such as ornaments, trims, fascias, inlays, tile, ironworks, awnings and other architectural features of the structure.

D. These color standards shall apply to the color of new structures in the commercial zone as well as the re-painting and color of existing structures in the commercial zone. For purposes of this section, "existing structures" shall mean any structure (whether occupied or vacant) located in the commercial zone which is built and in existence prior to the effective date of this section of the zoning code.

E. Any property owner or designated representative of the owner of any existing structure in the commercial zone whose existing exterior color(s) do not comply with the color standards set forth herein at the time this section becomes effective shall have eighteen months from the effective date of this section to comply with the provisions herein. Moreover, if an existing structure in the commercial zone is re-painted after this section becomes effective and the color(s) used do not conform to these color standards, it shall be subject to code enforcement for compliance.

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ORDINANCE NO. 2487

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F. Exterior Colors—Existing Structures.

1. Permits shall be required to re-paint the exterior of any existing structure in the commercial zone, provided that no fee shall be charged by the city of Montebello for processing or obtaining the permit. In order to obtain the permit to re-paint the existing structure, the property owner or designated representative of the owner of any existing structure in the commercial zone shall submit the proposed exterior color plan to the city's planning division in order to determine if the color plan complies with the color standards set forth herein. For purpose of this section, the terms "exterior color plan," "color plan" or "color plans" shall all refer to any document or rendering describing or depicting the exterior colors to be used on the structure, including but not limited to, a color and materials board or exterior paint color samples. A good faith effort in achieving color compatibility and harmony with adjacent structures is required by all applicants. The planning division shall review and make a determination regarding the proposed color plan. If the color plan is approved by the planning division, a permit shall thereafter be issued to the property owner or designated representative of the owner of the existing structure. If the color plan is not approved by the planning division, the matter may be appealed to the design review board with no fee assessed upon the applicant for purpose of the appeal. As part of the appeal, the applicant may provide a written explanation describing why the proposed color plan is required or that no other alternative color scheme can be employed. The design review board shall review appeals and approve, approve with conditions, or deny the proposed color plans. The decision of the design review board is final.

2. With respect to administrative projects other than re-painting of existing structures in the commercial zone, the exterior color plans shall be reviewed by the planning division for compliance with the color standards herein. Any property owner or designated agent of the owner of an existing structure in the commercial zone objecting to a determination or disapproval of the exterior color plans by the planning division may appeal the matter to the design review board. No fee shall be assessed upon the applicant for purpose of the appeal. As part of the appeal, the applicant may provide a written explanation describing why the proposed color plan is required or that no other alternative color scheme can be employed. The design review board shall review appeals and approve, approve with conditions, or deny the proposed color plans of the existing structure in the commercial zone. The decision of the design review board shall be final.

3. With respect to discretionary projects (or projects requiring planning commission or city council review) involving existing structures in the commercial zone, the exterior color plans shall be reviewed by the design review board for compliance with the color standards herein. Any property owner or designated agent of the owner of an existing structure in the commercial zone objecting to a determination or disapproval of the exterior

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ORDINANCE NO. 2487

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color plan by the design review board may appeal the matter to the city council and pay the requisite fee for the appeal. As part of the appeal, the applicant may provide a written explanation describing why the proposed color plan is required or that no other alternative color scheme can be employed. The city council shall review appeals and approve, approve with conditions, or deny the proposed color plans of the existing structure in the commercial zone. The decision of the city council shall be final.

G. Exterior Colors—New Structures.

1. Exterior colors to be used on new structures in the commercial zone shall be reviewed either by the planning division or the design review board as part of its general review process for administrative or discretionary projects. Exterior color review shall be required upon request for any permit or other type of building or land use entitlement required by this code with respect to the construction or development of any new structure in the commercial zone. Proposed color plans shall be provided by the applicant as required by the planning division or the design review board. A good faith effort in achieving color compatibility and harmony with adjacent structures is required of all applicants.

2. With respect to administrative projects, the planning division shall review the proposed color plans. Any applicant objecting to a determination or disapproval of the exterior color plans by the planning division may appeal the matter to design review board with no fee assessed upon the applicant for purpose of the appeal. For purpose of appeal, the applicant may provide a written explanation describing why the proposed color plan is required or that no other alternative color scheme can be employed. With respect to discretionary projects, the planning division shall present the exterior color plans to the design review board. The design review board shall review the proposed color plans and determine compliance with the color standards herein. In reviewing the proposed color plans, the design review board can approve, approve with conditions, or deny the proposed color plans. If the proposed color plans are not approved by the design review board, the applicant can modify the proposed color plans and resubmit them to the design review board, or appeal the matter to the city council within fourteen days of the design review board's action, or the next city council meeting, whichever is sooner. The decision of the city council regarding the appeal of the design review board's determination shall be final.

17.22.110 Development standards—Noise.

A. 1. Every use shall be so operated that the noise inherent and recurrently generated does not exceed the following levels at the lot line of the lot on which the use is located:

Adjacent Zone Maximum Noise Level: 7
a.m. to 10 p.m.

Maximum Noise Level: 10
p.m. to 7 a.m.

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ORDINANCE NO. 2487

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Residential 65 dBA 60 dBA
Commercial 70 dBA 70 dBA
Industrial 75 dBA 75 dBA

2. Every use in the C-R and C-1 zones shall be so operated that the noise inherently and recurrently generated does not exceed sixty dBA between seven a.m. and nine p.m. and fifty-five dBA between ten p.m. and seven a.m. when adjacent to a residential zone.

B. It is unlawful for any person or any property to create any noise, or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level when measured on any other property, to exceed:

1. The noise standard for a cumulative period of more than thirty minutes in any hour; or

2. The noise standard plus five dBA for cumulative period of more than fifteen minutes in any hour; or

3. The noise standard plus ten dBA for a cumulative period of more than five minutes in any hour; or

4. The noise standard plus fifteen dBA for a cumulative period of more than one minute in any hour; or

5. The noise standard plus twenty dBA for any period of time.

C. For the purpose hereof, the peak decibel reading for a noise with a fluctuating noise level (such as live or recorded music) shall be considered as noise level for the entire cumulative period of the noise. Likewise, the time between repetitive intermittent noises (such as banging, pounding, or hammering) shall be included in the cumulative period of the noise.

17.22.120 Limitations on permitted uses—Enclosure.

All uses, including storage, shall be in a completely enclosed building, except as otherwise permitted in this chapter.

17.22.130 Limitations on permitted uses—Sales uses.

All permitted sales shall be limited to retail sales only (C-1 and C-2 only).

17.22.140 Limitations on permitted uses—Storage of certain materials.

Materials which might cause fumes or dust, which constitute a fire hazard, or which are edible by or attractive to rodents or insects shall be stored only in closed containers.

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17.22.150 Limitations on permitted uses—Outdoor sales areas.

Permitted outdoor sales areas shall be improved and maintained to comply with all of the regulations of Chapter 17.52 of this code for the improvement and maintenance of off-street parking areas. All permitted outdoor sales and/or display areas visible from the public right-of-way shall be separated from the public right-of- way by a minimum of a ten-foot wide landscape planter located adjacent to the street facing property lines. In addition a minimum of five percent of such lot area used for outdoor sales or display shall be landscaped in accordance with Section 17.22.090 of this code.

17.22.160 Limitations on permitted uses—Temporary uses.

Those temporary uses permitted pursuant to Appendix A, Index of Permitted Uses and to Chapter 12.16 of this code, temporary uses.

17.22.170 Limitations on permitted uses—Conditional uses.

Those conditional uses permitted pursuant to Appendix A, Index of Permitted Uses. (See Chapter 17.70 of this code, Conditional Use Permits.)

17.22.180 Limitations on permitted uses—Civic center district.

All plans for buildings or structures, other than single-family residential units, proposed to be located upon properties included in the district, shall be submitted to the planning commission and city council for review and approval prior to the issuance of a building permit. (See Chapter 17.40 of this code.)

17.22.190 Limitations on permitted uses—Extended hours permits.

A. In the general commercial zone, restaurants may stay open between twelve a.m. and seven a.m. only with an extended hours permit. In the C-1 zone, take- out food establishments may stay open between nine p.m. and seven a.m. only with an extended hours permit.

B. An application for an extended hours permit must be made by the person intending to operate the restaurant in question. The application must be signed by the restaurant operator and must be filed with the city license collector using a standardized form containing the following information:

1. The address of the restaurant for which the application is being submitted;

2. The name and address of the owner(s), partners, officers or directors of the business;

3. The name and address of the applicant;

4. The intended hours of operation;

5. The name and address of any person in charge of the business during the hours between twelve a.m. and seven a.m.

C. 1. Upon receipt of an application for an extended hours permit, the license collector shall forward the application to the special services officer who will

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initiate a request for an investigation of the applicant, the business, and the neighborhood by the police department.

2. Within thirty days from receipt of the application, the special services officer will issue the permit if it can be found that:
a. The application is complete and in proper form and all information provided is accurate and true;
b. The proposed extended hours of operation will not create a public nuisance infringing on the peace and safety of nearby businesses and residents;
c. That the extended hours of operation do not conflict with any state or local law, ordinance or existing permit.

2. If the special services officer cannot make one or more of the findings stated in subdivision 1 of this subsection, the permit request cannot be approved. In such case, the applicant may request a city council hearing on the application. Pending testimony at a public hearing before the city council, the council may issue the permit and may impose special conditions on the permit.

D. Extended hours permits are not transferable.

E. Extended hours permits must be renewed on an annual basis. An application form as described must be completed and submitted with the annual business license. The license collector will forward the application to the special services officer to be reviewed for changes or problems which may have occurred during the previous year. Within thirty days, the special services officer will either issue the permit renewal or inform the applicant by certified mail that the permit has been denied.

F. At any time that it becomes apparent to the special services officer or to the chief of police that an existing permit is in violation of one or more findings stated herein, a hearing before the city council may be scheduled. Pending public testimony, the city council may revoke, suspend, or place special conditions on the permit in question. In no case shall the city council revoke or place permanent special conditions on a permit without a public hearing. However, the city council may suspend or place temporary conditions on a permit at any time. Notice of such suspension must be given to the applicant by certified mail within five days after the city council action.

17.22.200 Limitations on permitted uses—Motels and hotels.

Motels and hotels are permitted in the C-2 and C-M zones, provided the following conditions are met:

A. All motel/hotel projects shall have a minimum of forty units; B. The site for a motel or hotel development must be at least three hundred feet away from residentially-zoned property;
C. A motel or hotel may not be rented for a single period less than twenty-four hours nor more than thirty days;

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D. Each motel or hotel unit must be at least two hundred twenty-five square feet in size including the restroom and shall provide the following amenities:
telephone, television, wall-to-wall carpeting;
E. Motel and hotel sites shall provide a ten-foot-wide landscape strip along all street frontages; and
F. All facades of motel and hotel buildings shall be decorative, using three or more different surface materials, textures and colors.

17.22.210 Issuance of building permits for lots abutting a narrow street.

No building permit shall be issued for the construction, reconstruction or relocation of any building or structure to be located on any lot in this zone, abutting upon a street having a lesser width than established by resolution of the city council unless the following requirements are complied with:

A. Dedication of Street Right-of-Way. When the building permit valuation is fifteen thousand dollars or more, the owner of such lot shall make a formal offer of dedication to the city for public street purposes, and all appurtenant uses, of a depth equal to one-half of the width of the street as described by resolution of the city council.

B. Setbacks. The required setback shall be maintained in this zone for all buildings, structures and improvements including off-street parking as measured from the right-of-way width established by resolution of the city council.

C. Off-Site Improvements. When the building permit valuation is seven thousand five hundred dollars, any building permit shall be subject to provide improvements for curb, gutter and sidewalk in compliance with Section 15.04.070.

17.22.220 Mixed- Use Development Standards – Purpose and Intent The purpose of this Chapter is to ensure compatibility between the different land uses operating within the designated mixed-use areas. The mixed-use standards are intended to implement goals and policies of the Montebello General Plan by providing opportunities for integrated residential, commercial, office, civic and compatible employment within the city while also promoting a pedestrian oriented environment. The requirements of this Chapter shall apply to establish regulations for mixed-use housing opportunities in the City of Montebello (the “City”).

A. Mixed-use development in the C-1 Zone is intended for predominantly residential areas in proximity to bus routes and multi-modal corridors. The C-1 Zone permits horizontal and vertical mixed- use appropriately scaled for adjacent neighborhoods.

B. Mixed-use development in the C-2 Zone is intended to accommodate the highest-intensity activity centers in proximity to bus routes and multimodal corridors. The C-2 Zone permits both horizontal and vertical mixed-use

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development at a scale appropriate for high-intensity uses that benefit from transit access and pedestrian activity.

17.22.230 Permitted uses in Mixed-Use Zone
A. Permitted uses.

In addition to Appendix A- INDEX OF PRIMARY USES, Table 17.22.230 lists the permitted uses and conditionally permitted land uses for the mixed- use developments in the C-1 and C-2 zoned lots indicating the type of approval required to comply with all provisions of this title.
a. Use not listed. When a use is not specifically listed in Table 17.22.230, the Planning and Community Development Director or his/her designees, shall have the authority to determine whether the proposed use is permitted based on the finding that the use is similar to, and no more detrimental than, those permitted in the zone, Uses not listed, or otherwise determined by the Planning and Community Development Director or his/her designee to be permitted, are prohibited.

B. Permit requirements.
a. Permitted uses subject to compliance with all applicable provisions of the Montebello Municipal Code, and in compliance with the Mixed-Use Development Standards pursuant to Chapter 17.22 are shown as “P” uses in the tables. Uses shown as “P” will be subject to ministerial review based on the objective design standards in Chapter 17.22 of the Montebello Municipal Code.
b. Uses allowed subject to the approval of a Conditional Use Permit in compliance with Montebello Municipal Code Chapter 17.70, and shown as “CUP” uses in the table.
c. Not allowed in a particular zone and shown as a “——” in the tables.

Table 17.22.230: Permitted uses for Mixed-use projects
C-1 C-2
1 Commerce, Manufacturing, Processing
Artisan/craft manufacturing, commercial kitchen
printing and publishing P P
Research and Development P P
Warehouse and Distribution —— ——
Personal storage facility —— ——
Makers Space P P
2 Retail
Supermarket, home improvement center P P

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Neighborhood market, pharmacy P P
Restaurants P P
Retail businesses P P
Retail Pop-Ups P P
Restaurant with dancing, live entertainment, craft
brewery and winery (including retail sales),
nightclub

CUP CUP
Medical Marijuana cultivation, manufacturing,
sales, delivery, and distribution —— ——
3 Services
Personal Services: Personal Services, such as
barber and beauty shops, dry cleaning pick-up
stores, home electronics and small appliance
repair, nail shops - manicure, pedicure, and tailors
P P
Personal Services (restricted): Banquet
facility/catering, accessory massage (licensed,
therapeutic, and in conjunction with primary
businesses such as day spa, beauty salon, barber
shop or similar uses) and tanning salons

CUP CUP
Professional Services: Includes professional offices
for banks, commercial art and design, counseling
services, scientific and research organizations,
media post production and news services, urgent
care clinic, and medical clinic (doctor, dentist)
P P
4 Accessory Commercial Uses
Drive-through facility —— ——
Incidental entertainment P P
Outdoor cafe (Dining) P P
Outdoor display CUP CUP
Outdoor storage —— CUP
5 Automobile related
Vehicle Sales and associated vehicle service and
parts —— CUP
Vehicle parts, maintenance, or repair, detailing,
painting, service stations —— ——
Drive-through establishments including car wash —— ——
6 Utility, Transportation
Mobility hub P P
Parking facility (public or commercial) P P
Utility Facilities and Infrastructure —— CUP
Wireless telecommunication facility CUP CUP
7 Residential Uses
Dwelling, single-family attached —— ——
Dwelling, multi-family P P
Live/work Unit P P
Transitional housing P P

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Emergency shelter —— ——
Lodging: Hotel, B&B inn CUP CUP
8 Accessory Residential Uses
Accessory dwelling unit P P
Home occupation P P
9 Recreation, Education, Public Assembly
Museums, art galleries, and libraries P P
Athletic club/gymnasium, religious facility, and
recreational centers CUP CUP
Open Space P P
Studios for arts, dance, music, martial arts P P
Health/fitness facility CUP CUP
Community garden P P
School, public P P
School, private (trade schools, colleges) CUP CUP
Theater, cinema, performing arts, outdoor
community events CUP CUP
Art lounges or theaters with alcohol sales CUP CUP
Recreation, entertainment uses CUP CUP
Bowling alleys, billiards parlors, indoor
racquetball/pickleball courts. CUP CUP
Farmers market, certified P P
10 Other Uses
Alcohol sales (on-and off-sale outlets) CUP CUP
Vending machine (regular and reverse) P P
Secondhand stores —— ——
Day care center — child CUP CUP

17.22.240 Development Standards- Mixed-Use Zone
Development Standards- Table 17.22.240 contains development standards applicable to the C-1 and C-2 zones. The standards are intended to assist property owners and project designers in understanding the city’s minimum requirement and expectations for high quality development. The following applies to the requirements of Table 17.22.240.

A . Minimum and Maximum Density. The minimum and maximum density standards are appliable to developments that include residential uses.

B. Intended use. Intended use is established the primary focus for development maximizing the land use intent.

C. Accessory Structures. Include parking structures, trash enclosures and similar supporting structures.

Refer to Table 17.22.240, Mixed-Use Zone Development Standards, for specification not shown here.

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Table 17.22.240: Development Standards for Mixed - Use Zone Development Standards C-1 C-2
Density
Minimum 20 du/ac 25 du/ac
Maximum 40 du/ac 60 du/ac
Floor Area Ratio
Minimum 0.3 FAR 0.3 FAR
Maximum 2.00 FAR 3.0 FAR
Intended use
Use Type
Neighborhood with
residential horizontal or
vertical
Commercial/ retail with
vertical residential
development or
residential horizontal or
vertical

Minimum 50% of square
footage in mixed-use
development to be
residential
Minimum 50% of square
footage in mixed-use
development to be
residential
Maximum Height
Main structure 50 feet 60 feet
Accessory Structures 25 feet, excluding parking structures Setbacks
Front Minimum: 10 feet
Maximum: 20 feet
Minimum: 0 feet
Maximum: 5 feet
If abutting residential refer to setback requirement
Exhibit 17.22.080
Side Facing Street Minimum: 0 feet
Maximum: 5 feet
Minimum: 0 feet
Maximum: 5 feet
Rear Minimum: 10 feet
Maximum: 20 feet
Minimum: 10 feet
Maximum: 20 feet
If abutting residential refer to setback requirement
Exhibit 17.22.080
Side Minimum: 0 feet
Maximum: 5 feet
Minimum: 0 feet
Maximum: 5 feet
If abutting residential refer to setback requirement
Exhibit 17.22.080
Accessory Structures Front: 10 feet
Side/ Rear: 5 feet
Front: 10 feet
Side/ Rear: 0 feet
Open Space

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Open space types
include: Side yard,
Courtyard, back yard,
Roof deck
Minimum Area: 15% of total lot area
Minimum dimensions: 20 ft by 20 ft
Parking
Stand- Alone uses Off street parking shall conform to Exhibit 17.52.050 Residential Mixed- Use
Residential: 1 space per unit
Office/ Retail: 1 space per 300 gross s.f. of building
area
Live / Work: 1 space per unit; 1 per every 400 gross
s.f.

Restaurants, Cafes, or similar: 1 space per 200
gross s.f
A parking reduction based upon low parking demand
may be allowed upon the approval of a Low Demand
parking Reduction Agreement by the City.

Landscaping
Setback areas 100% landscaped (except walkways and driveways) D. Building setback requirement. Buildings utilizing the mixed- use standards in the C-1 or C-2 zoned parcels shall provide a transition for height. Tall elements of the building shall increasingly step back after the second floor adjacent to single- family zones. Every 3 feet over 25 feet, the setback shall increase by three feet.

E. Building frontage. New buildings are to be located in close proximity to the street for an improved relationship to the street and pedestrians.

F. Residential and mixed- use projects that provide a minimum of 20% affordable units may be subject to an administrative review plan approval in accordance with the City’s approved objective design standards.

SECTION 4 . (CEQA)

Pursuant to the provisions of the California Environmental Quality Act (“CEQA”), the proposed ordinance to establish mixed-use development standards to ensure consistency with the goals and policies established by the Montebello 2040 General Plan does not have the potential to degrade the quality of the environment or have a significant effect on the environment. The proposed text amendment is consistent with the 2040 General Plan, for which a Final Environmental Impact Report (Final EIR) was approved by the City Council on April 10, 2024 (SCH No. 2023050665), in compliance with CEQA Guidelines. The Final EIR evaluated the environmental impacts of implementing the General Plan, Specific

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Plan, and related zoning updates, and includes adopted findings, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program.

SECTION 5. SEVERABILITY

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

SECTION 6. EFFECTIVE DATE

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

SECTION 7. PUBLICATION

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

PASSED, APPROVED, AND ADOPTED 25TH DAY OF MARCH 2026.

_______________________________
Georgina Tamayo, Mayor

ATTEST:

_______________________________
Christopher Jimenez, City Clerk

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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 25 th day of February, 2026, and was adopted by the City Council of the City of Montebello at its meeting held on the 25th day of March, 2026 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________
Christopher Jimenez, City Clerk

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ATTACHMENT B
ORDINANCE NO. 2488

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MONTEBELLO, CALIFORNIA, ADDING CHAPTER 17.21 - OBJECTIVE DESIGN STANDARDS TO TITLE 17 OF THE MONTEBELLO MUNICIPAL CODE FOR MULTI-UNIT

RESIDENTIAL AND MIXED-USE DEVELOPMENTS

WHEREAS, the City of Montebello is a general law city organized and existing under the laws of the State of California; and

WHEREAS, Title 17 of the Montebello Municipal Code establishes zoning regulation to implement the City of Montebello General Plan; and

WHEREAS, the City of Montebello General Plan encourages compact, pedestrian oriented development that integrates residential, commercial, civic and employment uses; and

WHEREAS, the State of California has enacted housing laws, including but not limited to the Housing Accountability Act, the Housing Act of 2019, and other related statutes, which require local governments to apply objective design standards to certain residential and mixed-use projects; and

WHEREAS, State law defines “objective standards” as standards that involve no personal or subjective judgement by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion; and

WHEREAS, the adoption of objective design standards will facilitate the timely production of housing, reduce uncertainty for applicants and the public, and ensure compliance with applicable State housing laws; and

WHEREAS, the City Council desires to provide clarity, predictability, and transparency in the development review process by establishing objective standards applicable to residential and mixed-use projects; and

WHEREAS, the City Council finds that the objective design standards set forth in this Ordinance are consistent with the City’s General Plan, promote high-quality architectural and site design, and protect the public health, safety, and welfare; and

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WHEREAS, The City Council has reviewed the Objective Design Standard Ordinance and finds that its adoption is in the best interest of the City of Montebello and its residents; and

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

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

SECTION 2. FINDINGS. The City Council hereby finds that this Ordinance is consistent with the City’s General Plan ensuring compatibility between the different land uses operating within the designated mixed-use areas. The mixed-use standards are intended to implement goals and policies of the Montebello General Plan by providing opportunities for integrated residential, commercial, office, civic and compatible employment within the city while also promoting a pedestrian oriented environment, infill development, and the revitalization within downtown, corridors, and neighborhoods.

SECTION 3. Chapter 17.21 of the Montebello Municipal Code is hereby established to read as follows:

Sections:

Chapter 17.21.010

17.21.010 PURPOSE
A. Purpose
The purpose of these objective standards is to provide the public, design professionals and decision makers with objective criteria for mixed use and multifamily residential development in the City. The standards aim to comply with requirements in the Housing Accountability Act, including SB 330. SB 330 defines objective design standards as “standards that involve no personal or subjective judgement by a public official and is uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal of an application.”
B. Applicability

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The objective design standards apply to new construction multifamily and mixed-use developments with more than 2 housing units. The standards shall apply to new additions to existing conforming and non-conforming multi-unit residential and mixed-use developments. These standards also apply to commercial components of mixed-use developments. For development standards in the mixed-use zone, please reference Chapter 17.22 of the Montebello municipal code. In addition to the objective design standards, projects must also comply with applicable development standards in the Montebello Municipal Code.

17.21.020 Applicability
A. These standards apply to all multi-unit residential and mixed-use development in the City with more than 2 housing units, unless the property is within a specific plan, overlay and planned unit development that already implements design standards, in which case those standards shall prevail. The standards shall apply to commercial components of mixed-used developments.

B. These standards shall apply to new additions to existing conforming and nonconforming multi-unit residential and mixed-use developments where new floor area is added.

C. All new developments, alterations and expansions of multi-family residential and mixed-used projects shall be processed under the applicable entitlements applications and shall be subject to the findings applicable in such entitlements.

17.21.030 General Standards
The following are general standards that shall be applicable to new multi-unit residential and mixed-use development:

A. Parking

a. Access to parking:

I. No new parking shall be placed between a building and a street, except where allowed adjacent to a side street in the residential zone.

II. Parking, including parking garages, shall be accessed from the alley to secondary frontage street when possible. The opening of a parking lot or garage on the frontage shall not exceed two lanes in width. b. Tandem parking:

I. Up to 30 percent of the total required off-street parking spaces may be provided in tandem configuration. The maximum number of spaces

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permitted in tandem configuration refers to the total individual spaces, not the total number of tandem spaces.

II. Tandem shall be a maximum of two parking spaces in depth.

III. Vehicle movement necessary to move cars parked in a tandem configuration shall not take place on any public street.

IV. Tandem spaces shall be assigned to the same dwelling unit. c. Loading spaces:

I. A minimum of one off-street loading space shall be provided for every mixed-use building over 3000 sq.ft. in gross area.
d. Landscaping:

I. Surface parking areas shall be planted with shade trees at a minimum ratio of one tree for every four spaces in an orchard planting arrangement.

II. Parking areas adjacent to a street or sidewalk shall be screened with landscaping and a decorative wall between 36 and 48 inches in height. e. Lighting:

I. Outdoor lighting fixtures shall be limited to a maximum height of 15 feet or the height of the nearest building, whichever is less.

II. Lighting shall be energy-efficient and shielded or recessed. Each light fixture shall be directed downward and away from adjoining properties and public rights-of-way.
f. Parking shall have pedestrian walkway access to the entrance of building. g. All end parking stalls shall be abutting landscape planters. h. Parking areas, covered and uncovered, shall be screened from public streets frontages. Screening examples include building placement, landscaping or fencing. Landscaping for screening shall not be less than three feet.

B. Open Space

a. All projects containing a residential component shall include a common open space, no smaller than 15% of the lot area, open from the ground to the sky.

This area shall be open to all residents of a development. The open space shall be located on the first floor, or podium level (on top of parking garage or commercial establishments). It should not be located in the required front setback.
b. Projects complying with the common open space requirement shall not be required to provide private open space for each individual unit. c. Residential projects that do not comply with the common open space requirements shall provide for each residential unit a private open space in the

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form of a balcony, door yard or yard. Private open space shall have a minimum area of 40 square feet with a minimum width of 5 feet.
d. Common open space shall include a combination of paved surfaces and landscaped areas.
e. Common open space shall be used to mitigate heat by incorporating trees, shade structures and gazebos.
f. Common spaces shall encourage gathering by including amenities like playgrounds, outdoor dining areas, and barbeques.
g. All ground floors shall be accessed directly from the sidewalk either directly to each unit or commercial space through an appropriate frontage element, lobby, or open space, such as a court.

C. Materials and colors

a. Glossy and reflective colors and materials are prohibited. b. Multi-unit development consisting of more than five buildings shall provide a minimum of two distinct color schemes, with a single-color scheme dedicated to not less than forty percent of all residential buildings. c. Multi-unit development with ten or more buildings shall provide a minimum of three-color schemes, each color scheme not to exceed thirty percent of all units.
d. Contrasting colors shall be used for trim, windows, doors, and key architectural elements.
e. Affordable units and market rate units within the same development shall be constructed of the same materials and details making the units non- distinguishable from one another.

D. Landscaping and Outdoor Lighting Standards

a. Proposed developments shall incorporate site amenities such as linear planting beds or seat walls, street furniture, enhanced paving surfaces, public art, lighting etc., where appropriate. The features should be architecturally comparable with the style, color, and material of the principal building on the lot and those in the immediate area.
b. Plant species should be selected based on their sustainability for an urban environment, cleanliness, and ability to survive in a healthy state despite constrained growing conditions. Ease of maintenance should be considered. c. The majority of plant materials shall consist of drought tolerant and/or native plants with minimum water requirements.

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d. The use of canopy trees for shading and cooling is encouraged where appropriate, particularly in publicly accessible open spaces and plazas, to mitigate the urban heat island effect. Where canopy trees are used, site design should provide sufficient sized tree pits or planting beds and appropriate planting mediums to provide for healthy tree growth.
e. Decorative water features shall re-circulate water and, where available, shall use recycled water.
f. Site lighting should be shielded by permanently attached light fixtures so that light sources are not visible from a public right-of-way and to prevent off-site glare.

E. Walls and Fences

a. The style of walls shall be the same or similar to the architectural style of the project.
b. Both sides of all perimeter walls and fences shall be architecturally treated, except for trash enclosures. The interior of trash enclosures shall be painted with high durability paint.
c. Perimeter and property line walls shall consist of decorative concrete masonry unit (CMU) with a stucco finish, brick, or stone veneer, slump stone, or split face with pre-cast concrete, block, stone or brick trim cap. Interior walls, fences, and gates shall consist of wrought iron, wood, plastic/wood composites, brick and stone materials. Unfinished concrete mansard unit (CMU), chain link fences, barbed wire, razor wire, electric wire, and similar types are prohibited under all conditions.
d. The maximum height of walls and fences shall be 6 feet.

F. Utilities, mechanical equipment and trash enclosures

a. All utility equipment shall be located outside of any pedestrian path-of-travel walkway. All utility equipment shall be placed adjacent to alleyways, within parking areas, rear or side yard, or building “notch-outs” and screened from public view.
b. If ground mounted mechanical equipment cannot be placed at the rear side of a building away from the street frontage, it shall either be placed on the ground and screened with landscape or placed on the roof and screened with architectural materials such as roof or parapet consistent with the overall architectural style.

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c. All electrical equipment, electrical meters, and junction boxes shall be placed within a utility room. If the utility room is not reasonable, then all equipment has to be designed as an integral part of the building development. d. Trees and shrubs shall be placed a minimum of five feet away from the water meter, gas meter, or sewer laterals. Ten feet away from utility poles and minimum three feet away from fire hydrants.
e. Trash enclosures: Trash, recycling, organic waste, and green bins and dumpsters shall be housed in a covered refuse closure with a gate that screens trash.
f. Trash enclosures shall be finished with the same primary wall material and color as the nearest building within the development.
g. Trash enclosures shall have both a vehicular access gate with concrete apron, and a pedestrian entrance. Gates shall be opaque in color. h. Trash enclosures shall include interior dusk to dawn lighting for safety and security.

G. Entries

a. The main entrance, or entrances, shall be emphasized and oriented to the street or major plazas or open space. Secondary entries may be from parking areas, the rear of buildings or interior open spaces.
b. Building entrances shall connect to public streets, parking areas, and publicly accessible open spaces using pedestrian pathways or sidewalks. For larger sites with multiple buildings, building entrances shall be oriented to face internal open spaces, paseos and recreation amenities.
c. When residential and commercial uses are combined in the same structure, separate entrances shall be provided for each use.

H. Architectural style and Character

a. Buildings shall incorporate architectural elements of Mediterranean, Spanish Revival, Contemporary, or other style approved by the Planning and Community Development Director or his/her designee.
b. Architectural styles shall be applied consistently on all building elevations.

I. Building Massing and Articulation

a. Buildings of three stories in height or more shall be designed to differentiate a building’s base from the rest of the structure. These two areas shall correspond,

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for example, retail or lobbies. For buildings that are single use, the first floor shall be differentiated.
b. Differentiation shall be archived through color, texture/material change, variations in projections, or decorative details such as columns or arcades. c. Stairways shall be designed as a part of the overall architecture of the building, complementing the buildings’ mass and form. Exterior stairwells shall be solid, prefabricated metal stairs are prohibited.

J. Frontage Types
a. Front yard
I. Front yards may be visually continuous with adjacent yards with a common landscape, or enclosed by a low fence, wall or hedge. On sloping sites, front yards may be raised above the level of the adjacent sidewalk and supported by a low retaining wall at a property line with steps providing access between the sidewalk and the yard. Porches, stoops balconies, and bay windows may encroach into front yards.

II. Front yards and continuous planters between the curb and sidewalk along the primary and side streets shall be landscaped.

III. Paved areas shall be limited to walks and driveways.

IV. Fencing defining the front yard shall not exceed four feet as measured from the adjacent sidewalk.
b. Porch
I. Porches may be provided on buildings that are set back from the primary/ side street property lines and may encroach into the front yard and side street yard.

II. Porches may be enclosed with insect screens if recessed from the exterior wall plane and if visibility is maintained from the sidewalk.

III. Porches shall be designed according to the following requirements:

Dimensions Minimum Maximum
Depth (clear) 6 ft. -
Width (clear) 12 ft. -
Height: ceiling (clear) 8 ft. 12 ft.

Height: floor above
ground
12 in. 3 ft.

Height: fence or
hedge
- 3 ft.
c. Door yard

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I. A dooryard is an elevated or at grade garden or terrace that is located in the front yard setback and enclosed by a low wall near or at the property line.

II. For elevated dooryards, access shall be from stairs or ramp.

III. Walls or fences shall be consistent with the architectural style of the building in their design, material and finishes.

IV. Dooryards shall be designed according to the following dimensional requirements:

Dimensions Minimum Maximum
Depth (clear) 7 ft. -
Height above grade 0 ft. 3 ft.

Fence or railing may
extend to height
required by building
code.
- -

d. Stoop
I. A stoop shall be a stair or landing leading directly from the sidewalk to the building entrance. Stoops shall be the frontage types for ground floor housing that is near the street.

II. The exterior stairs may be perpendicular or parallel to the adjacent sidewalk. The landing may be covered or uncovered. Landscaping shall be placed on the side of the stoop.

III. Stoops shall be designed according to the following dimensional requirements:

Dimensions Minimum Maximum
Depth: Landing (clear) 4 ft. 10 ft.

Width (clear) 4 ft. 10 ft.

Height: floor above
grade
12 in. 3 ft.

Height: Fence or
hedge
- 3 ft.

e. Shopfront
I. Storefronts are large openings in a building façade that are enclosed with large transparent windows and doors that provide direct at grade

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access to ground floor commercial and retail uses. The architectural elements of shopfronts include large windows, doors with glass, transom windows, and a solid base.

II. Optional elements include awnings, canopies, signage, lighting and cornices.

III. Storefront glass shall be clear without reflective coating or dark tinting.

Lightly tinted glazed less than 15%, low emissivity, is acceptable.

IV. Shopfronts shall be designed according to the following dimensional requirements:

Dimensions Minimum Maximum
Height (clear) 10 ft. 16 ft.

Distance to bottom of
awning
8 ft. 10 ft.

Width of storefront
bays
10 ft. 15 ft.

Glass area % of
ground floor wall
70 90

f. Gallery
I. Galleries are facades with ground floor colonnades that support a cantilevered shed roof or deck that covers the sidewalk. Galleries contain ground floor storefronts, making them ideal for retail use. Railing on top of the gallery is only required if the gallery roof is accessible as a deck.

II. Along primary frontages, the gallery columns shall correspond to Shopfront openings. Galleries shall be a minimum if two bays wide.

III. Galleries shall be designed according to the following dimensional requirements.

Dimensions Minimum Maximum
Depth (clear) 10 ft. 16 ft.

Width (clear) 20 ft. 80 ft.

Width: single bay
(clear)
10 ft. 16 ft.

Height (clear) 12 ft. 16 ft.

Distance from face of
curb (clear)
2 ft. -

g. Arcade

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I. Arcades are facades with a ground floor colon made that supports the upper stories of the building, or for one-story buildings, the roof. Arcades contain ground-floor shopfronts, making it ideal for retail or restaurant use.

II. Along primary frontages, the Arcade shall correspond to shopfront openings. Arcades shall be a minimum of two bays wide.

III. Arcades shall be designed according to the following dimensions:

Dimensions Minimum Maximum
Depth (clear) 10 ft. 16 ft.

Width (clear) 20 ft. 80 ft.

Width: single bay
(clear)
10 ft. 16 ft.

Height (clear) 12 ft. 16 ft.

Distance from face of
the curb (clear)
2 ft. -

h. Balcony
I. A balcony is a platform enclosed by a wall on the outside of a building, with access from an upper-floor door.

II. Balcony design character, palettes of material, and approach to detailing shall be consistent and compatible with the building’s style.

III. Balconies of traditionally styled buildings shall have visible supports in the front of projecting beams or braces. Balcony railings on traditional buildings shall be made of wood, wrought iron, steel bar, or tube faithfully simulating true wrought iron.

IV. Balconies on modern styles buildings may simply project. Modern buildings may also use galvanized or painted steel, aluminum, and cable railing components. Vinyl substitutes shall be avoided. i. Bay window
I. A large window or series of windows projecting from the outer wall of a building and forming a recess within.

II. Bay windows shall be a maximum of ten feet wide and shall have a height that is equal to or greater than their width.

III. Bay windows shall be placed a minimum of two feet from any building corner and a minimum of three feet from any other window bay.

IV. Bay windows shall consist of at least 75% transparent fenestration.

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j. Awning
I. A cloth cover fastened to a building or structure and supported by a frame that is used to protect pedestrians from the sun or rain.

II. Awnings shall be a of simple shed form, made of code-compliant-fire- resistant canvas or materials of similar appearance. Materials that are shiny stiff and synthetic shall be avoided.

III. Each awning shall correspond to a storefront.

IV. Upper floor awnings may be provided. Each individual awning shall cover no more than one shopfront or window opening. Signage is not allowed on upper floor awnings.

V. Awnings shall be positioned so that signage is not obstructed.

VI. Awning colors and patterns shall be coordinated with the overall design of the building. As appropriate awnings colors may vary between adjacent buildings.

VII. Internally illuminated and backlit awnings and any associated light diffusers are prohibited.

k. Canopy
I. A flat, metal awning that extends perpendicularly from the building and parallel to the sidewalk. The canopy’s frame is connected to the wall and spanned by a variety of materials, including metal lattice, and metal slats.

II. Canopies shall be of a simple form, made of metal and/or glass III. Canopies shall be supported either from the below by metal brackets, or from above by rods, wires, or chains that affix to the wall.

IV. Canopies may extend across multiple storefronts.

V. Canopies shall be positioned so that signage is not obstructed.

VI. Canopies shall be coordinated with the overall design of the building, all canopies on a single building shall be consistent in their design, color and material.

K. Parklet

a. A parklet size shall include one or more street parking spaces. b. Parklets must be located at least one parking space away from an intersection or street corner.
c. Parklets are allowed on streets with a speed limit of 25 mph or less.

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d. Parklets must include a platform/deck that flushes with the sidewalk, unless the parklet is designed to be terraced. Parklets must end on sidewalks, and any furniture, heaters, and landscape may not spill into sidewalks. e. Stable and sturdy traffic barriers must be installed on all three sides open to roadway traffic. The barrier must have a minimum height of 36 inches and maximum height of 42 inches.
f. To allow for water flow, Parklets must provide a drainage channel that is a minimum of 3 inches tall and 2 feet wide, along the entire length of the parklet, adjacent to the curb.
g. Parklet design and construction will be subject to Public Works approval. The design must be flexible to allow for any roadway or utility maintenance. Public Works and Planning and Community Development have the right to close a parklet from use to perform maintenance work on adjacent infrastructure.

L. Pocket Park

a. The maximum size of a pocket park shall be 0.25 acres. b. Pocket parks shall prioritize the needs of surrounding neighborhoods. This may include adding seating, play or fitness equipment, open lawn space, dog run, community gardens, ecological/educational displays, and community bulletin boards.
c. Pocket parks may be designed to serve as stormwater retention and infiltration areas.

M. Solid Waste Standards
a. Location, access and design criteria: the location of all solid waste collection and/ or storage spaces shall meet the following criteria:

I. To the extent possible, collection/storage location shall be accessed from an alley. Where an alley is not present, collection/storage locations may be accessed from the street. Collection/ storage locations from corner lots shall be accessed from the side street.

II. The collection/ storage spaces shall be located to minimize visual noise, and odor impacts to adjacent building occupants both on the subject lot and an adjacent lot.

III. Outdoor trash enclosures or collection rooms with a structure shall not be located on the street-facing façade of the structure. Outdoor trash enclosures shall not be located between the building’s face and the street.

IV. The design of outdoor trash enclosures and exterior facing elements of collection/ storage area attached to, or within a building/ structure, shall

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complement the architectural features of the building or development they serve. The incorporation of landscaping around trash enclosure is encouraged as a part of a successful design. All outdoor trash enclosures shall include a solid roof to minimize or prevent spill or trash contaminants from entering the stormwater system.

V. The property owner or manager shall maintain both the interior spaces and surrounding exterior areas and keep them clean and free of graffiti, trash, residue, debris and leaks.

b. GHG Emissions Reductions Standards
i. Gas or propane shall not be allowed in residential development. ii. All residential development will provide outdoor electrical outlets to accommodate the use of electric landscape equipment.
iii. New development shall install at least one electric vehicle charging station on the specific project site, or through coordination with the City in other public parking areas within the City.

SECTION 4. ENFORCEMENT AND PENALTIES

1. The City shall enforce the provisions of this ordinance through its Planning and Community Development Department and Building and Safety Division.

Unauthorized development that causes significant harm to protected views may be subject to fines, penalties, or removal of the offending structures or obstructions.

2. The City may also issue notices of violation to property owners who fail to comply with view protection requirements.

3. The City shall provide a right to action for property owners who suffer losses (e.g., reduced property value) to either demand for the removal of the obstruction or monetary damages.

SECTION 5 . CEQA.

Pursuant to the provisions of the California Environmental Quality Act (“CEQA”), the proposed ordinance to adopt objective design standards to ensure consistency with the goals and policies established by the Montebello 2040 General Plan does not have the potential to degrade the quality of the environment or have a significant effect on the environment. The proposed text amendment is consistent with the 2040 General Plan, for which a Final Environmental Impact Report (Final EIR) was approved by the City Council on April 10, 2024 (SCH No. 2023050665), in compliance with CEQA Guidelines.

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The Final EIR evaluated the environmental impacts of implementing the General Plan, Specific Plan, and related zoning updates, and includes adopted findings, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program.

SECTION 6. SEVERABILITY

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

SECTION 7. EFFECTIVE DATE

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

SECTION 8. PUBLICATION

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

PASSED, APPROVED, AND ADOPTED 25TH DAY OF MARCH 2026.

_______________________________
Georgina Tamayo, Mayor

ATTEST:

_______________________________
Christopher Jimenez, City Clerk

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APPROVED AS TO FORM:

_______________________________
Arnold M. Alvarez-Glasman, City Attorney

I HEREBY CERTIFY that the foregoing Ordinance was introduced at the regular meeting of the City Council on the 25th day of February, 2026, and was adopted by the City Council of the City of Montebello at its meeting held on the 25 th day of March, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________
Christopher Jimenez, City Clerk

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ATTACHMENT C
ORDINANCE NO. 2489

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MONTEBELLO, CALIFORNIA, AMENDING CHAPTER 17.74 OF THE

MONTEBELLO MUNICIPAL CODE TO UPDATE THE SITE PLAN

REVIEW STANDARDS

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 the Site Plan Review Standards under Chapter 17.74 of the Montebello Municipal Code (“MMC”). The primary objective of Chapter 17.74 - Site Plan Review (“SPR”) is to minimize or preclude potential adverse impacts to the public interest or on abutting properties and adjacent residential, commercial and industrial neighborhoods, resulting from the design or layout of a proposed development; and

WHEREAS, the City Council desires to amend Chapter 17.74 of the MMC in an effort to better align the level of regulatory review with the scale, complexity, and potential impacts of development, as well as to support and encourage the development of affordable housing; 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 17.74 of the Montebello Municipal Code is hereby amended to read as follows (new language is underlined, while removed language is stricken):

Chapter 17.74 SITE PLAN REVIEW

17.74.010 Purpose.

The purpose of the site plan review is to minimize or preclude potential adverse impacts to the public interest or on abutting properties and adjacent residential,

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commercial and industrial neighborhoods, resulting from the design or layout of a proposed development.

17.74.020 Authority to approve development plan.

The planning commission shall have the authority, subject to the procedure and limitations set forth herein, to review and approve, approve with conditions or deny approval of a development plan through a site plan review process.

17.74.030 When required.

A. A site plan review is required for all residential projects resulting in three ten or more dwelling units and for all commercial and industrial projects involving the construction of five thousand 25,000 square feet or more of building area. A separate site plan review is not required for projects which require the approval of a conditional use permit.

B. Exceptions: Ministerial review of qualifying residential projects. Applications for residential or mixed-use projects with at least 20 percent of the residential units reserved for lower income households, may be exempt from discretionary review processes, as long as such plans do not require any zoning change, variance, or General Plan amendment.

17.74.040 Application—Form—Fee.

Submittal of corrected construction plans for a building permit plan check shall be considered an application for a site plan review. The application shall be accompanied by a filing fee in an amount established by resolution of the city council.

17.74.050 Application—Accompanying maps and data.

A. An application for a site plan review shall include construction plans and a plot plan of the subject property showing proposed buildings, and any adjacent existing buildings or improvements as well as finished grade and floor elevations for a distance of at least twenty feet beyond the boundaries of the proposed development.

B. In addition, an application shall include a location map showing the subject property as well as the surrounding areas along with a list of names and addresses of all surrounding property owners as set forth in Chapter 17.78 of this code, and any other data as may be required by the director of planning to adequately present the application to the planning commission. This resubmittal shall be considered application for a site plan review by the planning commission.

17.74.060 Application—Hearing.

The director of planning shall set the request for a site plan review for a public hearing before the planning commission in the manner specified in Chapter 17.78 of this code.

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17.74.070 Application—Required findings.

Before any site plan review shall be granted, all of the following findings must be made:

A. That the proposed design for improvement complies with all requirements of the Montebello Municipal Code;
B. That the proposed design for improvement is consistent with the general plan; C. That the proposed design for improvement will not have any significant adverse impact on the surrounding properties or on the general public welfare.

17.74.080 Development plan—Conditions of approval.

The commission may approve a development plan subject to a site plan review with such conditions as the commission finds are warranted by the circumstances involved.

These conditions may include the dedication and development of streets adjoining the property and other improvements. All such conditions shall be binding upon the applicants, their successors and assigns; shall run with the land; shall limit and control the issuance and validity of a building permit and certificate of occupancy; and shall restrict and limit the construction and location of all structures within the development.

17.74.090 Application—Determination.

Within twenty days after completion of the public hearing, the planning commission shall announce its findings on the request unless the review period is extended with the consent of the applicant. The commission may approve, conditionally approve or deny a development plan subject to the site plan review process based on the evidence submitted and its own study and knowledge of the circumstances.

17.74.100 Development plan—Notice of decision.

Not later than seven days following the planning commission's action in approving or denying a development plan subject to the site plan review process, a notice shall be mailed to the applicant at the address shown on the application plans and to any other person requesting a copy. Such notice will state the planning commission's decision and all conditions of approval, if any, pursuant to that decision.

17.74.110 Development plan—Modification.

Any condition imposed upon the approval of a development plan subject to a site plan review may be modified or eliminated, or new conditions may be added; provided, that the granting body shall first conduct a public hearing in the same manner as required for the granting of the original application. No such modification shall be made unless the commission or council finds that such modification is necessary to protect the public interest and/or adjacent or abutting properties; or, in case of deletion of an existing condition, that such action is necessary to permit reasonable development of the site.

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17.74.120 Appeal and effective date.

The provisions of Chapter 17.78 of this code, regarding appeal of the commission's action and the effective date of approval, shall apply.

17.74.130 Expiration of development plan approval.

The approval of a development plan to the site plan review process shall expire when the building permit application for the development expires, unless otherwise specified by the planning commission.

17.74.140 Development plan—Denial—Refiling.

Where a development plan subject to the site plan review process is denied by the planning commission, or by the city council upon appeal of the decision of the planning commission, the application may be refiled within one year of such decision only if the basis for the denial as contained in the minutes of the planning commission or city council action is addressed by a revised plan. Any application may be refiled in the same form after one year of the planning commission or city council decision.

SECTION 3. CEQA. Pursuant to the provisions of the California Environmental Quality Act (“CEQA”), the proposed ordinance amending the City’s site plan review standards in Chapter 17.74 of the MMC would not have the potential to degrade the environment quality or result in significant environmental impacts. The proposed text amendment is consistent with the goals and policies of the Montebello 2040 General Plan, for which a Final Environmental Impact Report (Final EIR) was approved by the City Council on April 10, 2024 (SCH No. 2023050665), in compliance with CEQA Guidelines.

The Final EIR evaluated the environmental effects of implementing the General Plan, Specific Plan, and related zoning updates, and includes adopted findings, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program.

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 the adoption of this Ordinance and shall cause the same to be published or posted according to law.

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PASSED, APPROVED, AND ADOPTED 25TH DAY OF MARCH 2026.

_______________________________
Georgina Tamayo, Mayor

ATTEST:

_______________________________
Christopher Jimenez, City Clerk

APPROVED AS TO FORM:

_______________________________
Arnold M. Alvarez-Glasman, City Attorney

I HEREBY CERTIFY that the foregoing Ordinance was introduced at the regular meeting of the City Council on the 25th day of February 2026, and was adopted by the City Council of the City of Montebello at its meeting held on the 25th day of March 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

_______________________________
Christopher Jimenez, City Clerk

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ATTACHMENT D
ORDINANCE NO. 2490

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MONTEBELLO,

CALIFORNIA, TO REZONE IDENTIFIED PROPERTIES TO ENSURE CONSISTENCY WITH THE LAND USE DESIGNATIONS ESTABLISHED BY THE 2040 GENERAL PLAN AND THE OPPORTUNITY SITES IDENTIFIED IN THE CITY’S HOUSING

ELEMENT

WHEREAS, the City of Montebello (“City”) is authorized under Article XI, Section 7 of the California Constitution and California Government Code Section 65800 et seq. to regulate the use of land through zoning regulations is a general law city organized and existing under the laws of the State of California; and

WHEREAS, The City Council of the City of Montebello adopted the 2040 General Plan by on April 10, 2024, following public hearings and environmental review pursuant to the California Environmental Quality Act (“CEQA”); and

WHEREAS, the City of Montebello 2040 General Plan establishes updated land use designations, policies, and development standards intended to guide long-term growth, promote housing opportunities, support economic development, and ensure orderly and compatible land use patterns throughout the City; and

WHEREAS, California Government Code Section 65860 requires that zoning regulations be consistent with the adopted General Plan; and

WHEREAS, the City’s existing zoning map and zoning classifications for certain parcels are no longer consistent with the land use designations adopted in the Montebello 2040 General Plan; and

WHEREAS, the Montebello 2040 General Plan includes land use designations that accommodate residential, mixed-use, industrial, commercial, and public uses at densities and intensities sufficient to support the City’s long-term housing, employment, and infrastructure needs; and

WHEREAS, the rezoning is consistent with the City’s adopted Housing Element, and implements the Opportunity Sites identified therein; and

WHEREAS, the City’s 2021-2029 Housing Element, certified the California Department of Housing and Community Development (“HCD”), relies in part on zoning

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consistency and rezonings to ensure adequate capacity to accommodate the City’s assigned Regional Housing Needs Allocation (“RHNA”); and

WHEREAS, the rezoning of certain parcels is necessary to implement the policies and programs of the Montebello 2040 General Plan, including but not limited to housing production, affirmatively furthering fair housing, neighborhood compatibility, and transit- supportive development; and

WHEREAS, the parcels proposed for rezoning are identified in Exhibit A of this Ordinance and are being rezoned to zoning designations consistent with the corresponding Land Use Designation identified in the 2040 General Plan as well as the sites identified in the Housing Element; and

WHEREAS, The City Council finds that the rezoning of the parcels identified herein furthers the public interest, promotes the general welfare, and is consistent with the Montebello 2040 General Plan; and

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

SECTION 1. RECITALS. The above recitals are true and correct and made a part of the findings in support of this Ordinance.

SECTION 2. FINDINGS. The City Council hereby finds and determines that this Ordinance is consistent with the Montebello 2040 General Plan and serves to ensure consistency between the City’s zoning regulation and the 2040 General Plan Land Use Designations. The rezoning established by this Ordinance is consistent with the City’s adopted Housing Element and implements the Housing Overlay Opportunity Sites identified therein. The rezoning will implement goals and policies of the Montebello General Plan by providing opportunities for integrated residential, commercial, office, civic and compatible employment within the city while also promoting a pedestrian oriented environment, infill development, and revitalization within downtown, corridors, and neighborhoods.

SECTION 3. The proposed rezoning of certain properties to ensure consistency with the land use designations established by the Montebello 2040 General Plan and the opportunity sites identified in the City’s Housing Element is hereby established to read as follows:

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SECTION 4 . (CEQA.)

Pursuant to the provisions of the California Environmental Quality Act (“CEQA”), the proposed ordinance to rezone certain properties to ensure consistency with the land use designations established by the Montebello 2040 General Plan and the opportunity sites identified in the City’s Housing Element does not have the potential to degrade the quality of the environment or have a significant effect on the environment. The proposed rezoning amendment is consistent with the 2040 General Plan and Downtown Montebello Specific Plan, for which a Final Environmental Impact Report (Final EIR) was approved by the City Council on April 10, 2024 (SCH No. 2023050665), in compliance with CEQA Guidelines.

The Final EIR evaluated the environmental impacts of implementing the General Plan, Specific Plan, and related zoning updates, and includes adopted findings, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program.

The 2040 General Plan includes the City’s 6th Cycle Housing Element, which was previously adopted and certified by the California Department of Housing and Community Development and was also analyzed within the Final EIR. The proposed zoning text and map amendments are within the scope of the certified Final EIR and do not result in new or more severe impacts. No further environmental review is required pursuant to CEQA Guidelines Sections 15162 and 15168.

SECTION 5. SEVERABILITY

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

SECTION 6. EFFECTIVE DATE

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

SECTION 7. PUBLICATION

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

PASSED, APPROVED, AND ADOPTED 25TH DAY OF MARCH 2026.

_______________________________
Georgina Tamayo, Mayor

ATTEST:

_______________________________
Christopher Jimenez, City Clerk

APPROVED AS TO FORM:

_______________________________
Arnold M. Alvarez-Glasman, City Attorney

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I HEREBY CERTIFY that the foregoing Ordinance was introduced at the regular meeting of the City Council on the 25th day of February 2026, and was adopted by the City Council of the City of Montebello at its meeting held on the 25th day of March 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________
Christopher Jimenez, City Clerk

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ATTACHMENT E

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ATTACHMENT F

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1 Recording requested by and when recorded mail to:

City of Montebello
Planning and Community Development Department
1600 W. Beverly Boulevard
Montebello, CA 90640
Attn: Director of Planning

ATTACHMENT G

SPACE ABOVE THIS LINE FOR RECORDER’S USE

COVENANT AND AGREEMENT
Armenian Genocide Martyrs Monument Protection Covenant

This Covenant and Agreement (“Covenant”) is made this _____ day of ________, 2026, by and between the City of Montebello, a municipal corporation (“City”), as both property owner and covenanting party.

This Covenant shall run with the land and be binding upon all successors and assignees, and shall remain in full force and effect unless and until released by the Director of Planning and Community Development in accordance with the following recitals and terms set forth herein:

A. The City of Montebello is the owner of certain real property located within the City of Montebello, County of Los Angeles, State of California, identified as Los Angeles County Assessor’s Parcel Number 5267- 009-006 (“Property”).

B. The Armenian Genocide Martyrs Monument (the “Armenian Martyrs Monument”) is located on the Property and serves as a site of significant cultural, historical, and commemorative importance.

C. In 2025, the Armenian Martyrs Monument was formally acknowledged by the State of California as a historic site.

D. The City desires to ensure the continued protection and preservation of the Armenian Martyrs Monument from any adverse impacts associated with future development occurring on adjacent properties.

E. The City is willing to impose restrictions and obligations to ensure that any development on adjacent parcels does not impair the integrity, setting, or significance of the Armenian Martyrs Monument, consistent with applicable federal, state, and local laws, including but not limited to historic preservation laws.

F. This Covenant is intended to run with the land and bind the City and the Property unless terminated in accordance with the provisions herein.

NOW, THEREFORE, the City hereby covenants and agrees as follows:

1. Property Subject to Covenant
This Covenant applies to the real property located in the City of Montebello, County of Los Angeles, State of California, identified as Assessor’s Parcel Number 5267-009-006, as more particularly described in Exhibit A attached hereto and incorporated herein by this reference.

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2 2. Preservation of the Armenian Martyrs Monument
The Armenian Martyrs Monument on the Property shall be preserved and maintained in its existing location.

The City, and any successor, transferee, or assignee, shall not:

A. Remove or demolish the Armenian Martyrs Monument;
B. Relocate the Armenian Martyrs Monument; or
C. Alter or disturb the Armenian Martyrs Monument in any manner that would materially impair its historical, cultural, or commemorative significance.

3. Protection from Adjacent Development
The City shall ensure that any discretionary approvals, permits, or entitlements issued by the City for development on parcels adjacent to the Property are conditioned, to the extent permitted by law, to:

A. Avoid direct or indirect impacts to the Armenian Martyrs Monument; B. Preserve the Armenian Martyrs Monument’s physical integrity, and accessibility; C. Maintain the visual setting of the Armenian Martyrs Monument in a manner that preserves its prominence, visibility, and contextual relationship to the surrounding area.

D. Prevent vibration, grading, construction, or other activities that could damage or diminish the Armenian Martyrs Monument; and
E. Comply with all applicable federal, state, and local laws relating to historic resources, including but not limited to the California Environmental Quality Act (“CEQA”).

4. Consistency with Historic Preservation Laws
A. All actions affecting the Property or adjacent development shall be consistent with applicable historic preservation standards and requirements, including those imposed by the State of California in recognizing the Armenian Martyrs Monument as a historic site.

5. Covenant Runs with the Land
A. This Covenant shall run with the land and shall be binding upon the City and its successors, heirs, assigns, lessees, and any other parties acquiring an interest in the Property.

6. Enforcement
A. This Covenant may be enforced by the City or any successor public entity with jurisdiction over the Property through any available legal or equitable remedies, including injunctive relief.

7. Severability
A. In any provision of this Covenant is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

8. Recordation
A. This Covenant shall be recorded in the Official Records of the County of Los Angeles and shall become effective upon recordation.

10. Exhibit
A. Exhibit A – Aerial Map and Legal Description of the Property

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3 IN WITNESS WHEREOF, the City of Montebello has executed this Covenant as of the date first written above.

CITY OF MONTEBELLO
a municipal corporation

By: ___________________________
Name: Raul Alvarez
Title: City Manager

ATTEST:

By: ___________________________
City Clerk

APPROVED AS TO FORM:

By: ___________________________
City Attorney

NOTARY ACKNOWLEDGMENT
(A notary acknowledgment in the form required by California law shall be attached.)

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4 EXHIBIT A

AERIAL MAP AND LEGAL DESCRIPTION OF PROPERTY

TR=10034 Portion of Lots 342 And 343, and all of Lots C, 344 THRU 360 (Los Angeles County Assessor’s Parcel No. APN 5267-009-906)

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1 Recording requested by and when recorded mail to:

City of Montebello
Planning and Community Development Department
1600 W. Beverly Boulevard
Montebello, CA 90640
Attn: Director of Planning

ATTACHMENT H

SPACE ABOVE THIS LINE FOR RECORDER’S USE

COVENANT AND AGREEMENT
Scout House Preservation Covenant
This Covenant and Agreement (“Covenant”) is made this _____ day of ________, 2026, by and between the City of Montebello, a municipal corporation (“City”), as both property owner and covenanting party.

This Covenant shall run with the land and be binding upon all successors and assignees, and shall remain in full force and effect unless and until released by the Director of Planning and Community Development in accordance with the following recitals and terms set forth herein:

A. The City of Montebello is the owner of certain real property located within the City of Montebello, County of Los Angeles, State of California, commonly known as the Montebello Golf Course, and identified as Los Angeles County Assessor’s Parcel Number 5267-010-908 (“Property”).

B. An existing structure commonly known as the “Montebello Scout House” (“Scout House”) is located on the Property and has been used by Montebello Scout Troop 330 for community and youth-serving purposes.

C. The City desires to ensure the continued preservation and protection of the Scout House from removal, demolition, or disturbance in connection with any future development of the Property.

D. The City is willing to impose restrictions on the Property for the benefit of the public and to ensure long- term preservation of the Scout House, subject to the terms and conditions set forth herein.

E. This Covenant is intended to run with the land and bind the City and the Property unless terminated in accordance with the provisions herein.

NOW, THEREFORE, the City hereby covenants and agrees as follows:

1. Property Subject to Covenant
This Covenant applies to the existing Montebello Scout House located on real property located in the City of Montebello, County of Los Angeles, State of California, identified as Assessor’s Parcel Number 5267-010- 908, as more particularly described in Exhibit A attached hereto and incorporated herein by this reference.

2. Preservation of Scout House
The Scout House located on the Property shall be preserved in its current location. The City, and any successor, transferee, or assignee, shall not:

A. Remove the Scout House;
B. Demolish the Scout House; or
C. Disturb, alter, or relocate the Scout House in any manner that would materially impair its continued use and function unless otherwise permitted pursuant to this Covenant.

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2 3. Restriction on Future Development
Any future development, construction, grading, or site modification occurring on the Property shall be designed and carried out in a manner that:

A. Avoids any direct or indirect impact to the Scout House; B. Maintains reasonable access to and use of the Scout House; and C. Ensures the continued structural integrity and usability of the Scout House.

D. No grading, excavation, or construction activity shall occur within a reasonable buffer area surrounding the Scout House, unless it can be demonstrated to the satisfaction of the City that such activity will not result in damage or disturbance.

4. Maintenance Obligation
A. The City shall maintain the Scout House in a safe and functional condition consistent with its current use. This includes routine repairs, structural upkeep, and compliance with applicable building and safety requirements.

5. Covenant Runs with the Land
A. This Covenant shall run with the land and shall be binding upon the City and its successors, heirs, assigns, lessees, and any other parties acquiring an interest in the Property.

6. Enforcement
A. This Covenant may be enforced by the City or any successor public entity with jurisdiction over the Property through any available legal or equitable remedies, including injunctive relief.

7. Automatic Termination
Notwithstanding any other provision of this Covenant, this Covenant shall automatically terminate and be of no further force or effect upon the occurrence of any of the following:

A. Montebello Scout Troop 330 is dissolved;
B. Montebello Scout Troop 330 is disbanded; or
C. Montebello Scout Troop 330 permanently relocates from the Scout House.

Upon the occurrence of any such event, the City may record a notice of termination of this Covenant.

8. Severability
A. If any provision of this Covenant is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

9. Recordation
A. This Covenant shall be recorded in the Official Records of the County of Los Angeles and shall become effective upon recordation.

10. Exhibit
A. Exhibit A – Aerial Map and Legal Description of the Property

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3 IN WITNESS WHEREOF, the City of Montebello has executed this Covenant as of the date first written above.

CITY OF MONTEBELLO
a municipal corporation

By: ___________________________
Name: Raul Alvarez
Title: City Manager

ATTEST:

By: ___________________________
City Clerk

APPROVED AS TO FORM:

By: ___________________________
City Attorney

NOTARY ACKNOWLEDGMENT
(A notary acknowledgment in the form required by California law shall be attached.)

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4 EXHIBIT A

AERIAL MAP AND LEGAL DESCRIPTION OF PROPERTY
TR=10034 Portion of Lot A and All of Lots 378, 379, 380, 381, 382, 383, and 384 890 Via San Clemente, Montebello, California 90640
(Portion of Los Angeles County Assessor’s Parcel No. 5267-010-908)

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ITEM # 7

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Joseph Palombi, Director of Planning & Community Development John Soria, Director of Transportation

SUBJECT: APPROVE PURCHASE AND SALE AGREEMENT NO. 4485 WITH TUVF – MONTEBELLO, LLC FOR ACQUISITION OF REAL PROPERTY
LOCATED AT 602-610 WEST WHITTIER BOULEVARD (LOS ANGELES COUNTY ASSESSOR’S PARCEL NOS. 6346-027-001, 6346-027-002, 6346-027-006, AND 6346-027-019) (THE “PROPERTY”)

DATE: March 25, 2026

RECOMMENDATIONS:

It is recommended that the City Council:

1. Find and determine that acquisition of the Property is in conformance with the City’s General Plan pursuant to Government Code Section 65402 because it furthers the purpose of the community driven vision, direction and policy guidance set in the Montebello General Plan through the preservation of buildings within the community and how they are built, which promote economic development, land use, community design, and housing to achieve the community vision; and

2. Find and determine that the approval of the Purchase and Sale Agreement is exempt from the California Environmental Quality Act (“CEQA”) pursuant to (i) CEQA Guidelines Section 15061(b)(3) – Common Sense Exemption in that it can be seen with certainty that there is no possibility that the approval of the Purchase and Sale Agreement may have a significant effect on the environment and is not a project under CEQA Guidelines Section 15378(a)(1) and none of the exceptions to the Categorical Exemptions under CEQA Guidelines Section 15300.2 apply; and

3. Approve the Purchase and Sale Agreement (“Agreement”) between the City of Montebello and TUVF – Montebello, LLC, for the acquisition of 602, 604, 608, and 610 West Whittier Boulevard in the amount of $3,150,000 plus Capitalized Costs totaling $63,784 as defined in the October 21, 2025, PUT Agreement; and

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CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 25, 2026

Page 2 of 4 ends

4. Authorize the City Manager to execute the Agreement and all related escrow and closing documents necessary to consummate the transaction, in a form approved by the City Attorney; and

5. Authorize the Finance Director to appropriate and disburse funds necessary to complete the acquisition and associated closing costs and costs related to anticipated maintenance and repairs; and,

6. Amend the Fiscal Year 2025-26 budget by increasing appropriations by $3,280,000 in Account No. 600-90-900-6088 (Transit, Transportation, Administration, Property Purchase); and,

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

FISCAL IMPACT:

The total acquisition cost shall be $3,150,000 plus approved Capitalized Costs, consistent with the terms of the City Council approved PUT Agreement dated October 21, 2025. The additional costs include:
• Escrow fees (shared equally between Buyer and Seller); • Buyer’s share of customary closing costs totaling $63,784; • Post-closing costs, including property taxes and repairs, façade improvements and maintenance expenses with a shall not to exceed amount of $65,000 attributable to the Property after Closing.

Funding for the acquisition will be derived from the Transit Fund (Fund 600). These enterprise funds are restricted to transit-related purposes and may be utilized for capital acquisitions that support public transportation infrastructure.

The subject site is strategically located within the Downtown Montebello area and may serve as a future mobility hub location, complementing ongoing revitalization efforts and supporting multimodal connectivity, transit access, and operational enhancements for the City’s transit system as well as serving as a catalyst for future mixed-use development opportunities consistent with the Downtown Montebello Specific Plan. Use of transit funds for this acquisition is consistent with allowable capital expenditures intended to enhance or expand public transportation services.

The recommended actions require amending the budget, increasing appropriations by $3,280,000 in Account No. 600-90-900-6088 (Transit, Transportation, Administration, Property Purchase). This amount covers the property purchase amount ($3,150,000) as well as closing costs and post-closing costs ($130,000).

BACKGROUND/DISCUSSION:

On October 21, 2025, Primestor Development, LLC and the City of Montebello entered into a PUT Agreement establishing terms under which the Seller (or its assignee) could require the City to acquire the Property. Subsequently, Primestor assigned its interest and conveyed title to TUVF – Montebello, LLC, which exercised the PUT in accordance with its terms and provided written notice of its intent to close escrow on or before April

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CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 25, 2026

Page 3 of 4 ends

30, 2026.

The proposed Purchase and Sale Agreement (Attachment A) fulfills the contractual requirement that execution of the PUT be accompanied by three executed copies of a purchase and sale agreement between the parties.

The Property consists of real property located at 602–610 West Whittier Boulevard, Montebello, California, and will be conveyed by Grant Deed through escrow with Stewart Title Guaranty Company.

ENVIRONMENTAL:

The proposed action involves acquisition of real property without commitment to a specific development project. Pursuant to the California Environmental Quality Act (“CEQA”)Guidelines Section 15061(b)(3), the approval of the Purchase and Sale Agreement is exempt from CEQA under the “common sense” exemption, as it can be seen with certainty that acquisition of Property, in and of itself, will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a project under CEQA Guidelines Section 15378(a)(1) and none of the exceptions to the Categorical Exemptions under CEQA Guidelines Section 15300.2 apply. Any future development proposal for the Property will be subject to separate CEQA review at the time a specific project is proposed.

ANALYSIS:

The proposed Agreement (Attachment A) is consistent with:

• The PUT Agreement dated October 21, 2025;
• Provisions of the Montebello Municipal Code regarding municipal acquisition practices; and
• The City’s long-term strategic planning and downtown corridor revitalization objectives

The purchase price reflects previously negotiated contractual terms. The Agreement allocates risk appropriately by requiring Seller representations and warranties, providing a defined due diligence and title review period, ensuring issuance of title insurance, and allocating customary closing costs (see Attachment B).

The “AS IS” provision is typical in commercial real estate transactions and is mitigated by the City’s due diligence opportunity and Seller’s limited representations.

Acquisition of the Property secures municipal control over a strategic site along Whittier Boulevard and preserves flexibility for future planning, economic development, or public purposes consistent with the City Council policy direction in the Downtown Montebello Specific Plan. The City’s acquisition of the Property is in conformance with the City’s General Plan pursuant to Government Code Section 65402 because it furthers the

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CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 25, 2026

Page 4 of 4 ends

purpose of the community-driven vision, direction and policy guidance set in the Montebello General Plan through the preservation of buildings within the community and how they are built, which promote economic development, land use, community design, and housing to achieve the community vision.

SUMMARY:

The Purchase and Sale Agreement with TUVF – Montebello, LLC (Attachment A) implements the contractual obligations established under the October 21, 2025, PUT Agreement and provides for the acquisition of 602, 604, 608, and 610 West Whittier Boulevard for $3,150,000 plus approved Capitalized Costs and other related acquisition expenses.

On March 3, 2026, the Planning Commission held a duly noticed public meeting and took action to adopt Resolution No. 03-26 to make the necessary findings that the acquisition of the property located at 602, 604, 608, and 610 West Whittier Blvd. from TUVF Montebello, LLC is in conformance with the Montebello General Plan pursuant to Government Code Section 65402.

Approval of the Agreement will authorize the City Manager to execute all required escrow and closing documents and to complete the transaction within the required timeframe. The recommended actions also require amending the Fiscal Year 2025-26 budget by increasing appropriations by $3,280,000 in Account No. 600-90-900-6088 (Transit, Transportation, Administration, Property Purchase).

ATTACHMENT(S)

1. Attachment A_Purchase and Sale Agmt

2. Attachment B_Primestor Letter re Capatilized Costs

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AT TACHMENT A
PURCHASE AND SALE AGREEMENT NO. 4485

AND JOINT ESCROW INSTRUCTIONS
T

HIS PURCHASE AND SALE AGREEMENT AND JOINT ESCROW
INSTRUCTIONS (this “Agreement”) is made this ____ day of ____________, 2026, by and between TUVF – MONTEBELLO, LLC, a Delaware limited liability company, with a business address of 9950 Jefferson Boulevard, Building Two, Culver City, California 90232 (“Seller”), and City of Montebello, a California municipal corporation (“ City”), with a business address of 1600 West Beverly Boulevard, Montebello, California 90640 (“Buyer”).

RE
CITALS
A. WHE
REAS, Buyer ’s predecessor in interest, Primestor Development, LLC (“Primestor”) and Seller entered into that certain PUT AGREEMENT dated October 21, 2025 (the “PUT”);
B. W
HEREAS, Primestor has assigned its interest in the PUT and conveyed title to the Property (as defined in Paragraph 1 below) to Seller.

C. W
HEREAS, pursuant to the terms of the PUT , Seller has given written notice in accordance with the PUT that it intended to exercise the PUT and pursuant thereto to close escrow with Buyer for the sale of the Property (as defined below) on or before April 30, 2026; D. W
HEREAS, the terms and conditions of the PUT require, among other things, that the exercise of the PUT be accompanied by three (3) executed copies of a purchase and sale agreement between Buyer and Seller; and,
E. W
HEREAS, this A greement, executed by Selle r represents the “Purchase Agreement” as defined in the PUT.

B
uyer and Seller hereby agree as follows:

1. P
urchase and Sale - Basic Terms. Upon and subject to the terms and conditions set forth in this Agreement, Seller hereby agrees to sell to Buyer and Buyer hereby agrees to buy from Seller that certain real property located at 602, 604, 608, and 610 West Whittier Boulevard , Montebello, California 90640, consisting of land, with the Assessor Parcel Number listed and described on Exhibit A (the “Property”).

2. P
urchase Price. The purchase price for the Property shall be Three Million One Hundred Fifty Thousand Dollars ($3,150,000.00) plus Capitalized Costs (as defined under the PUT) approved by the City (defined as the “Property Price”).

3. R
epresentations and Warranties of Seller. Seller represents and warrants to Buyer as follows:

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2 3.1 Authority. Seller warrants that it is a limited lability co mpany organized and existing under the laws of the State of Delaware and is authorized to do business in California.

Seller has the full power and authority to execute, deliver and perform its obligations under this Agreement.

3.2 No Government Order or Directives . Seller warrants that it has no knowledge of any order or directive of any city, county, state, or federal authority, that any work of repairs, maintenance, or i mprovement be performed on the P roperty. Seller has received no notice from any municipal, state or other statutory authority, or from any board of fire underwriters or any improvement association or architectural committee relating to defects in the improvements on the Property or relating to noncompliance with any applicable building code or restriction that has not been corrected, or relating to any threat of impending expropriation or condemnation.

3.3 Enforceability. This Agreement constitutes a legal, valid and binding obligation of Seller enforceable in accordance with its terms, except as enforceability may be limited by the application of bankruptcy, insolvency, reorganization, moratorium or similar laws or by equitable principles effecting creditors’ rights generally or the rights of buyers and sellers of real or personal property generally.

3.4 No Violation of Agreements. The execution, delivery and performance of Seller’s obligations under this Agreement and the consummation of the transactions contemplated hereby (i) will not result in a breach or violation of any contract, commitment or restriction to which Seller is a party or by which Seller is bound; and (ii) do not require any consent, approval or other authorization of any person, entity or authority not previously obtained.

3.5 Survival . The representations and warranties in this Agreement s hall survive the Closing (as defined in Section 4.3) and Seller’s delivery of a deed to the Property to the extent required to protect the interests of the party to whom they are given. Seller agrees to indemnify and hold Buyer harmless against any claim, loss, damage, liability or expenses asserted against or suffered by Buyer as a result of Seller’s breach of any representation or warranty.

4. E
scrow.
4 .1 Opening; Joint Instructions. Within three (3) business days after the date of this Agreement, Buyer and Seller shall open an escrow (the “Escrow”) with Stewart Title Guaranty Company, Escrow Division ( “Escrow Holder”), whose address is 1200 California Street, #140, Redlands, California 92374 (Attn.: Colleen Graves ); direct (909) 363- 4840; and email [email protected]. The purchase and sale of the Property shall be completed through the Escrow. This Agreement shall constitute joint escrow instructions to the Escrow Holder in connection with the Escrow.
4 .2 Additional Instructions . Buyer and Seller hereby agree to execute such additional instructions not inconsistent with this Agreement as may be reasonably required by the Escrow Holder.

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3 4 .3 Closing. The “Closing” of the transaction shall mean the date that the Grant Deed (as defined in Section 4.4) is recorded in the Official Records of the County. The Closing shall take place on a date (the “Closing Date”) designated by Buyer and Seller that is on or before thirty (30) calendar days after the opening of Escrow or sooner by mutual agreement. 4 .4 Deposits by Seller. On or before Closing Date , Seller shall deposit with Escrow Holder the following documents and instruments:
(
a) One (1) original grant deed in the form of Exhibit B to this Agreement (the “Grant Deed”) duly executed and acknowledged by Seller in recordable form; (b) A FI
RPTA certificate of non-foreign status in the form of Exhibit C to this Agreement (“ FIRPTA Certificate ”) and a California Form 593, both duly executed by Seller;
(c) T
wo (2) copies of a f orm of Bill of Sale, Assignment and Assumption of License Agreements and Service Contracts in the form attached hereto as Exhibit D (the “Assignment”), duly executed by Seller;
(d) S
eller’s authority and authorization to enter into this Agreement and consummate the transaction contemplated hereby, and such proof of the power of authority of the individual(s) executing and/or delivering any instruments, documents or certificates on behalf of Seller to act for and bind Seller as may be reasonably required by Title Company and/or Buyer; and
(e) A
ny additional documents that Buyer, Escrow Holder or the Title Company may reasonably require for the proper consummation of the transaction contemplated by this Agreement.
4 .5 Deposits by Buyer. On or before the Closing Date, Buyer shall deposit with Escrow Holder the following:
(a) T
he Purchase Price plus such additional funds costs and prorations as provided Section 4.6, less any credits Buyer is entitled to hereunder. (b
) A duly executed Preliminary Change in Ownership Report; (c) B
uyer’s authority and authorization to enter into this Agreement and consummate the transaction contemplated hereby, and such proof of the power of authority of the individual(s) executing and/or delivering any instruments, documents or certificates on behalf of Buyer to act for and bind Buyer as may be reasonably required by Title Company and/or Seller; (d) T
wo (2) copies of the Assignment duly executed by Buyer; and

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4 (e) Any additional documents that Seller, Escrow Holder or the Title Company may reasonably require for the proper consummation of the transaction contemplated by this Agreement.
4 .6 Actions at Closing. At Closing, the Escrow Holder shall do the following:
(
a) Cause the Grant Deed to be recorded in the Official Records of Los Angeles County.
(b) D
eliver to Buyer (i) an original policy of title insurance to be issued pursuant to Paragraph 5 .2 below, (ii) one fully executed counterpart of the Assignment, (iii) a conformed copy of the Grant Deed, (iv) a copy of the FIRPTA Certificate, and (v) a copy of the California Form 593.
4 .7 Closing Costs and Prorations. The costs i ncidental to the Closing shall be paid as follows:
(
a) Seller shall pay, (i) the premium for the CLTA standard coverage policy of title insurance obtained pursuant to Section 5.2 below and (ii) the documentary transfer taxes on the Grant Deed, if any;
(b
) (Escrow Holder’s fees in connection with the Escrow shall be paid by Seller and Buyer equally.
(c) A
ny other costs or expenses in connection with the transaction contemplated by this Agreement shall be paid by Buyer and Seller equally. (d
) Except for property taxes arising prior to Closing, which are included in the Purchase Price, a ll expenses effecting the Property, including, but not limited to, taxes, assessments, insurance premiums, utility charges, maintenance contracts, service contracts and any other expenses attributable to the Property as of the Closing Date shall be paid by Buyer.

5. T
itle.

5.1 Preliminary Title Report. Seller shall furnish to Buyer a preliminary title report for the Property prepared by Stewart Title Guaranty Company (the “ Title Company ”), together with copies of the documents described in such preliminary title report (collectively, the “Title Documents”). Buyer shall have ten (10) days from the opening of Escrow to approve title to the Property and the condition of the Property and all things in any way related to the Property in its sole and absolute discretion. If Buyer fails to give such written notice of approval or objection within the period, Buyer shall be deemed to have approved title to the Property and the condition of the Property and all things in any way related to the Property. 5 .2 Title Insurance. At the time of the Closing and as a condition thereto, the Escrow shall deliver to Buyer a CLTA standard coverage owner’s policy of title insurance issued

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5 by the Title Company naming Buyer as insured, in a policy amount equal to the Purchase Price, showing title to the Property to be vested in Buyer, subject only to (a) non -delinquent taxes and assessments; (b) exceptions created by or resulting from the acts or omissions of Buyer; and (c) the exceptions approved by Buyer.
5 .3 Lien Waiver. Seller hereby waives and releases any lien, including without limitation any vendor’s or other lien created (i) by California Civil Code Section 3046 or any other statute, or (ii) by law or in equity, arising from this transaction.

6. “ A
S IS” Sale. The sale of the Property under this Agreement by Seller, and its purchase by Buyer, is on an “ AS IS, WHERE IS, AND WITH ALL FAULTS ” basis. SELLER

MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE PROPERTY, OR ANY PORTION OF IT. BUYER

ACKNOWLEDGES AND AGREES THAT BUYER HAS BEEN GIVEN ADEQUATE

OPPORTUNITY TO INVESTIGATE AND CONDUCT DUE DILIGENCE WITH RESPECT

TO THE PROPERTY, AND THAT BUYER IS RELYING EXCLUSIVELY ON ITS OWN

INVESTIGATIONS AND IS NOT RELYING ON ANY INFORMATION PROVIDED BY SELLER.

7. M
iscellaneous.

7.1 Attorneys’ Fees. In the event of any action between Buyer and Seller for enforcement or interpretation of any of the terms and conditions of this Agreement, the prevailing party in such action shall be entitled to recover its reasonable costs and expenses, including, without limitation, court costs and attorney’ s fees actually incurred, as awarded by a court of competent jurisdiction.

7.2 Entire Agreement. This Agreement contains all of the agreement of Buyer and Seller with regard to the transaction contemplated hereby, and supersedes all prior agreements, understandings and negotiations, whether written or oral.

7.3 Amendment . This Agreement shall not be modified or amended, except by an instrument in writing duly executed by both Buyer and Seller.

7.4 Successors. The provisions of this Agreement shall be binding upon and shall inure to the benefit of the successors in interest and assigns of Buyer and Seller.

7.5 Governing Law. This Agreement shall be governed by and construed in accordance with the internal substantive laws of the State of California, without regard to the choice of law rules thereof.

7. 6 Headings . The paragraph headings and captions in this Agreement are for convenience only and shall not limit or define the contents of this Agreement.

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6 7. 7 Time. Time is of the essence of this Agreement, it being understood that the time for performance of each obligation, including, without limitation, the Closing, has been the subject of negotiations by the parties.
[
Signatures on following page]

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7 SELLER:

T
UVF – MONTEBELLO, LLC,
a Delaware limited liability company
By: The Urban Vision Aggregator, LLC,
a Delaware limited liability company
Its Sole Member
B
y: The Urban Vision Fund I GP, LLC,
a Delaware limited liability company
Its Manager
B
y: Primestor Development, LLC,
a Delaware limited liability company
Its Sole Member
B
y: Primestor Development, Inc.,
a Nevada Corporation
Its Manager
B
y: ______________________________
Arturo Sneider,
Chief Executive Officer

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8 B UYER:

T

HE CITY OF MONTEBELLO,
a California municipal corporation
B
y:

N ame: Raul Alvarez
Title: City Manager
AP
PROVED AS TO FORM:

B
y:

N ame: Arnold M. Alvarez-Glasman
Title: City Attorney

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9 The undersigned accepts its appointment as Escrow Holder in accordance with the foregoing terms and conditions and confirms that it has opened an escrow upon those terms and conditions:
“
ESCROW HOLDER”
S

TEWART TITLE GUARANTY COMPANY
B
y:

Name:

Title:

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10 EXHIBIT A
D
escription of Property
T
he land referred to herein is situated in the State of California, County of Los Angeles, City of Montebello and described as follows:

That portion of Lot Numbers 1, 2 and 3 of Tract No. 2808, and Lot Numbers 1 and 2 of Tract No. 10722, in the City of Montebello, County of Los Angeles, State of California.

AP
Ns: 6346-027-001; 6346-027-002; 6346-027-006; 6346-027-019 (
End of Legal Description)

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11 EXHIBIT B
F
orm of Grant Deed
W

HEN RECORDED MAIL TO AND
MAIL TAX STATEMENTS TO:

C
ity of Montebello
1600 West Beverly Boulevard
Montebello, California 90640
Attn: Joseph Palombi,
Director, Planning Division
(Space above this line is for recorder’s use)

GRANT DEED
T
HE UNDERSIGNED GRANTOR DECLARES:

DOCUMENTARY TRANSFER TAX is NONE*
 Computed on full value of property conveyed, or  Computed on full value less value of liens or encumbrances remaining at time of sale,  Unincorporated area  City of Montebello, and F
OR VALUE RECEIVED, PRIMESTOR DEVELOPMENT, INC., a Nevada corporation (“Grantor”), hereby grants to the CITY OF MONTEBELLO, a California municipal corporation (“Grantee”), that certain real property (the “Property”) situated in the City of Montebello, County of Los Angeles, State of California, described in Exhibit A attached hereto and incorporated by reference.

THE PROPERTY IS CONVEYED TO GRANTEE SUBJECT TO:

A. All liens, encumbrances, easements, covenants, conditions and restrictions, whether on- or off-record;
B. Any other matters of record and other matters of which Grantee has knowledge or notice;
C. All matters which would be revealed or disclosed in an accurate survey or inspection of the Property;
D. Liens for taxes on real property not yet delinquent, and liens for any general or special assessments of record against the Property not yet delinquent; and E. All laws, ordinances and governmental rules, regulations and restrictions affecting the Property.

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12 * This is a conveyance to a governmental agency acquiring title, R & T 11922.

IN WITNESS WHEREOF, the undersigned Grantor has executed this Grant Deed as of ______________, 2026.

T
UVF – MONTEBELLO, LLC,
a Delaware limited liability company
By: The Urban Vision Aggregator, LLC,
a Delaware limited liability company
Its Sole Member
B
y: The Urban Vision Fund I GP, LLC,
a Delaware limited liability company
Its Manager
B
y: Primestor Development, LLC,
a Delaware limited liability company
Its Sole Member
B
y: Primestor Development, Inc.,
a Nevada Corporation
Its Manager
B
y: ______________________________
Arturo Sneider,
Chief Executive Officer

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13 ACKNOWLEDGMENT
A
notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of Los Angeles )
On
________________ 2026, before me, ___________________________________, a Notary Public, personally appeared ARTURO SNEIDER, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature

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14 Exhibit A To Grant Deed
D
escription of Property
T
he land referred to herein is situated in the State of California, County of Los Angeles, City of Montebello and described as follows:

That portion of Lot Numbers 1, 2 and 3 of Tract No. 2808, and Lot Numbers 1 and 2 of Tract No. 10722, in the City of Montebello, County of Los Angeles, State of California.

AP
Ns: 6346-027-001; 6346-027-002; 6346-027-006; 6346-027-019 (
End of Legal Description)

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15 EXHIBIT C
Form of FIRPTA Certificate of Non-Foreign Status
To inform the City of Montebello, a California municipal corporation (“Transferee”), that Section 1445 of the Internal Revenue Code provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person. For U.S. tax purposes (including section 1445), the owner of a disregarded entity (which has legal title to a U.S. real property interest under local law) will be the transferor of the property and not the disregarded entity. To inform the transferee that withholding of tax is not required upon the disposition of a U.S. real property interest, the undersigned hereby certifies the following on behalf of the transferor/seller:

1. T
ransferor is not a foreign corporation, foreign partnership, foreign trust, foreign estate or foreign person (as those terms are defined in the Code and the Income Tax Regulations promulgated thereunder); and

2. T
ransferor is not a disregarded entity as defined in §1.1445-2(b)(2)(iii); and

3. T
ransferor’s U.S. employer or tax (social security) identification number is ______________; and

4. T
he office address of Transferor is 9950 Jefferson Boulevard, Building Two, Culver City, California 90232.

T
ransferor understands that this Certification may be disclosed to the Internal Revenue Service by Transferee and that any false statement contained herein could be punished by fine, imprisonment, or both.

U
nder penalty of perjury I declare that I have examined this Certification and to the best of my knowledge and belief it is true, correct and complete, and I further declare that I have authority to sign this document on behalf of Transferor.
[
Signature on following page]

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16 Dated: __________________, 2026 TRANSFEROR:

T
UVF – MONTEBELLO, LLC,
a Delaware limited liability company
By: The Urban Vision Aggregator, LLC,
a Delaware limited liability company
Its Sole Member
B
y: The Urban Vision Fund I GP, LLC,
a Delaware limited liability company
Its Manager
B
y: Primestor Development, LLC,
a Delaware limited liability company
Its Sole Member
B
y: Primestor Development, Inc.,
a Nevada Corporation
Its Manager
B
y: ______________________________
Arturo Sneider,
Chief Executive Officer

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17 EXHIBIT D
F
orm of Bill of Sale, Assignment and Assumption of License Agreements and Service Contracts B

ILL OF SALE, ASSIGNMENT AND ASSUMPTION

OF LICENSE AGREEMENTS AND SERVICE CONTRACTS
This Bill of Sale, Assignment and Assumption of License Agreements and Service Contracts (this “Agreement”) is made and entered into this ____ day of _ ____________, 2026, by and between TUVF – MONTEBELLO, LLC , a Delaware limited liability company (“Seller”), and CITY OF MONTEBELLO, a California municipal corporation (“Buyer”).

W I T N E S S E T H:

WHEREAS, Seller and Buyer entered into that certain Purchase and Sale Agreement dated as of ______________________, 2026 (the “Contract”);
WHEREAS, concurrently with the execution and delivery of this Agreement and pursuant to the Contract, Seller is conveying to Buyer, by Grant Deed, (i) those certain tracts or parcels of real property located at 602-610 West Whittier Boulevard, Montebello, California 90640, and more particularly described on Exhibit A , attached hereto and made a part hereof (the “Land”), (ii) the rights, easements and appurtenances pertaining to the Land (the “Related Rights”), and (iii) the buildings, structures, fixtures and other improvements on and within the Land (the “Improvements”; and the Land, the Related Rights and the Improvements being sometimes collectively referred to as the “Real Property”);
WHEREAS, Seller has agreed to convey to Buyer certain personal property and assign to Buyer certain license and service contracts as hereinafter set forth; NOW, THEREFORE, in consideration of the receipt of Ten Dollars ($10.00), the assumptions by Buyer hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller and Buyer agree as follows:

1. Bill of Sale.
(a) Seller hereby sells, assigns, transfers and conveys to Buyer all of Seller’s right, title and interest in, to and under the Tangible Personal Property and the Intangible Property. Seller warrants to Buyer that Seller owns good title to the Tangible Personal Property, that the Tangible Personal Property is free and clear of all liens, charges and encumbrances other than the Permitted Exceptions (as defined in the Contract), and that Seller has full right, power and authority to sell the Tangible Personal Property. Seller further warrants to Buyer that Seller has not conveyed to any third party its right, title and interest, if any, in the Intangible Property. (b) “Tangible Personal Property” shall have the meaning ascribed to such term in the Contract.

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18 (c) “Intangible Property ” shall have the meaning ascribed to such term in the Contract.

2. Assignment and Assumption of Service Contracts.
(a) Seller hereby sells, assigns, transfers and conveys to Buyer all of Seller’s right, title and interest in, to and under those service, supply, equipment rental and similar agreements set forth on Exhibit B , attached hereto and made part hereof by this reference (the “Service Contracts”).
(b) Buyer hereby assumes all of the covenants, agreements, conditions and other terms and provisions stated in the Service Contracts which, under the terms of the Service Contracts, are to be performed, observed, and complied with by the property owner from and after the date of this Agreement. Buyer acknowledges that Buyer shall become solely responsible and liable under the Service Contracts for obligations arising or accruing from and after the date hereof, including with respect to any and all payments coming due under the Service Contracts for which Buyer has received a credit or payment on the closing statement executed by Buyer and Seller (the “Credited Payments”).
(c) Buyer shall indemnify, hold harmless and defend Seller from and against any and all claims, demands, causes of action, liabilities, losses, costs, damages and expenses (including reasonable attorneys’ fees and expenses and court costs incurred in defending any such claim or in enforcing this indemnity) that may be incurred by Seller by reason of the failure of Buyer to perform, observe and comply with its obligations under any of the Service Contracts arising or accruing during the period from and after the date hereof, including without limitation, claims made by any other contract party with respect to the Credited Payments, whether arising before, on or after the date hereof (to the extent paid or assigned to Buyer or for which Buyer received a credit or payment at Closing). Seller shall indemnify, hold harmless and defend Buyer from and against any and all claims, demands, causes of action, liabilities, losses, costs, damages and expenses (including reasonable attorneys’ fees and expenses and court costs incurred in defending any such claim or in enforcing this indemnity) that may be incurred by Buyer by reason of the failure of Seller to perform, observe and comply with its obligations under any of the Service Contracts arising or accruing during the period prior to the date hereof, including without limitation, claims made by any other contract party with respect to the Credited Payments, arising before the date hereof (to the extent such Credited Payments were not paid or assigned to Buyer or for which Buyer did not receive a credit or payment at Closing).

3. Counterparts . This Agreement may be executed in two or more identical counterparts, and it shall not be necessary that any one of the counterparts be executed by all of the parties hereto. Each fully or partially executed counterpart shall be deemed an original, but all of such counterparts taken together shall constitute one and the same instrument.

4. Successors and Assigns. This Agreement shall inure to the benefit of, and be binding upon, the successors, executors, administrators, legal representatives and assigns of the parties hereto.

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19 5. Governing Law. This Agreement shall be construed under and enforced in accordance with the laws of the State of California.

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20 EXECUTED effective as of the date first above written.

SELLER:

TUVF – MONTEBELLO, LLC,
a Delaware limited liability company
B
y: The Urban Vision Aggregator, LLC,
a Delaware limited liability company
Its Sole Member
B
y: The Urban Vision Fund I GP, LLC,
a Delaware limited liability company
Its Manager
B
y: Primestor Development, LLC,
a Delaware limited liability company
Its Sole Member
B
y: Primestor Development, Inc.,
a Nevada Corporation
Its Manager
B
y: ________________________________
Arturo Sneider, Chief Executive Officer
[SIGNATURES CONTINUED ON FOLLOWING PAGE]
BUYER:

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21 CITY OF MONTEBELLO,
a California municipal corporation
B
y: __________________________
Name: Raul Alvarez
Title: City Manager
AP
PROVED AS TO FORM:

B
y: __________________________
Name: Arnold M. Alvarez-GlasmanTitle: City Attorney

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22 EXHIBIT “A”
L

EGAL DESCRIPTION
T
he land referred to herein is situated in the State of California, County of Los Angeles, City of Montebello and described as follows:

That portion of Lot Numbers 1, 2 and 3 of Tract No. 2808, and Lot Numbers 1 and 2 of Tract No. 10722, in the City of Montebello, County of Los Angeles, State of California.

AP
Ns: 6346-027-001; 6346-027-002; 6346-027-006; 6346-027-019 (
End of Legal Description)

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23 EXHIBIT “B”

LIST OF DESIGNATED SERVICE CONTRACTS
[
TO BE SUPPLIED]

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- 1 -
January 29, 2026

Joseph Palombi
Planning and Community Development Department
City of Montebello
1600 W. Beverly Blvd.

Montebello, CA 90640

Re: Delivery of Supporting Documentation for Capitalized Costs 602–610 West Whittier Boulevard, Montebello (the “Property”)

Joseph,

Pursuant to the Purchase Agreement, Seller is entitled to reimbursement for Seller’s related out-of-pocket closing costs and reasonable amounts payable to third parties incurred in connection with Seller’s acquisition and ownership of the Property (collectively, the “Capitalized Costs”). Accordingly, Seller hereby provides, as Exhibit 1, supporting documentation for the Capitalized Costs referenced in the Purchase Agreement. An email will be provided separately containing a link to a shared folder with the backup documentation for all such expenses.

Please let us know if you have any questions or if any additional information is required.

Sincerely,

Lonnie Vidaurri

ATTACHMENT B

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- 2 -
Title Charges Debit Credit Net
Settlement or closing fee to Stewart Title Guaranty Company $1,500.00 1,500.00 - 1,500.00 Title insurance to Stewart Title Guaranty Company
Owner's coverage $3,000,000.00 $6,277.00 $5,568.55 - $5,568.55 - ALTA 17 06 LP r 6 06 Access and Entry STG $50.00
- ALTA 17 2 06 r 10 08 Utility Access STG $627.70
- ALTA 18 1 06 OP r 6 06 Multi Tax Parcel STG $100.00
- ALTA 19 06 LP r 6 06 Contiguity Multi Parcls STG $0.00 - ALTA 22 06 r 6 06 Location STG $100.00
- ALTA 25 06 r 10 08 OP Same as Survey STG $100.00
- ALTA 26 06 r 10 08 Subdivision STG $627.70
- ALTA 28 06 r 2 10 OP Easemt Damage or Enfcd STG $627.70 - ALTA 35 06 r 4 12 OP Minerals SubSurf Bldg STG $1,255.40 - ALTA 8 2 06 r 10 08 Commercial EPL STG $100.00
- ALTA 9 06 r 6 06 REM STG $0.00
- ALTA 41 06 OP r 12 13 Water Buildings STG $934.05
Recording Fees/Transfer Charges
Estimated Recording fees to Stewart Title Commercial Services - Redlands $58.00 58.00 - 58.00 Additional Charges
Asbestos Screening to Partner Assessment Corp $13,480.00 13,480.00 - 13,480.00 Environmental, ALTA Survey to Partner Assessment Corp $15,332.22 15,332.22 - 15,332.22 Legal fees to Carlton Fields Legal $12,500.00 12,500.00 - 12,500.00 Hold for final audit to Stewart Title Commercial Services - Redlands $100.00 100.00 - 100.00 1st 1/2 2025-26 taxes - 001 to Los Angeles County Treasurer and Tax Controller $1,736.72 1,736.72 1,094.34 642.38 1st 1/2 2025-26 taxes - 002 to Los Angeles County Treasurer and Tax Controller $843.78 843.78 531.70 312.08 1st 1/2 2025-26 taxes 006 to Los Angeles County Treasurer and Tax Controller $1,125.75 1,125.75 709.38 416.37 1st 1/2 2025-26 taxes - 019 to Los Angeles County Treasurer and Tax Controller $1,724.16 1,724.16 1,086.46 637.70 Subtotal at Close (10/24/2025) 53,969.18 50,547.30 Accured (10/2025-01/2026)
PZR Report (paid post-close) 657.22$ - 657.22 Accured Property Tax (10/2025 - 2/2026) 11,301.76$ - 11,301.76 Utilities 328.01$ - 328.01 R&M (not yet paid) 950.00$ - 950.00 Subtotal Post-Close 13,236.99$ - 13,236.99$ Purchase + Capitalized Costs 63,784.29$
Exhibit 1:

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ITEM # 8

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Michael Solorza, Director of Finance

SUBJECT: PRESENTATION OF COMMUNITY BUDGET FORUMS AND BUDGET SURVEY FEEDBACK, FISCAL YEAR 2026-27 BUDGET

DEVELOPMENT

DATE: March 25, 2026

RECOMMENDATIONS:

It is recommended that the City Council:

1. Receive and file the Fiscal Year 2026-27 Community Budget Forum and Budget Survey feedback; and,

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

FISCAL IMPACT:

The recommended actions do not have a direct fiscal impact. However, the community feedback from the budget forums and survey is being presented so that City Council has information concerning issues and items that are residents’ priorities. Development of the Fiscal Year 2026-27 budget may include funding to address high priority issues as directed by the City Council. This information will also help guide Department Directors as they develop their department budgets.

BACKGROUND/DISCUSSION:

N/A

ENVIRONMENTAL:

N/A

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CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 25, 2026

Page 2 of 6 ends

ANALYSIS:

For the third consecutive year, the City hosted community budget forums in an effort to provide budget education to residents while gathering feedback on their priorities for the community. The three budget forums were extremely successful and provided an opportunity for dialogue between residents, City Council and City staff. In addition, for the fourth consecutive year a budget survey was hosted – gathering additional feedback from residents on community priorities. This report and the attachments provide a summary of the feedback received through the forums and survey.

Budget Forums
The Fiscal Year 2026-27 budget development process included three community budget forums in February held throughout the City:

o February 3 – Metro Heights Community Center
o February 12 – Senior Center
o February 18 – Chet Holifield Park

During the forums (held between 6pm and 8pm), a presentation was provided (Attachment C) that outlined City budget basics, general public budgeting information, and useful data about revenue and expenses in the City of Montebello.

In total, 120 residents attended the three sessions – a marked increase from the 41 total residents who attended the FY 2025-26 community budget forums. A highlight was holding forums in two new locations in the City: Metro Heights and Chet Holifield park, continuing the City’s efforts at reaching all parts of the community.

Residents provided a total of 33 individual comments as part of the budget forums.

Expanding the reach of City Hall into the community, over two dozen staff from the Parks and Recreation, Public Works, Police and Fire Departments attended each budget forum.

In addition, City Council members attended, as well as the City Clerk and City Treasurer.

The focus of the community budget forums was twofold: 1) provide financial and budget information and education; and 2) gather feedback from residents about their priorities, wishes and needs in their community.

A total of 33 comments were provided across all three forums. These comments have been categorized in order to present them to the City Council and Department Directors for use in building the FY 2026-27 budget. The table below provides a summary of the comments by major theme:

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CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 25, 2026

Page 3 of 6 ends

Attachment A contains each of the 33 comments arranged by the date of the budget forum. As the table above describes, the largest number of comments dealt with “Streets, Traffic and Infrastructure.” In other words, 30% of all comments concerned improvements to road safety, infrastructure maintenance and traffic circulation: lighted stop signs at Lincoln/La Merced, fix curbs, 3-way stop at Lincoln / Vail, etc.(Attachment A). The second most popular category (24% of comments) was “City Governance, Programs and Economic Development:” mall enhancement, small business support programs, regular third party audit of hotels, golf course and food and beverage contracts, etc. (Attachment A).

As Directors work with staff and the Finance Department to build the FY 2026-27 budget, this feedback will be utilized in setting priorities and planning for future department activities. Attachment A lists all 33 comments and provides the detail for each of the major comment themes.

Budget Survey
For the fourth consecutive year, a community budget survey was conducted. The survey was live from February 13 through March 13. The goal of the survey was to provide budget information and education while gathering resident comments and feedback on community priorities.

There was a total of 361 submissions during the four weeks it was active – an almost five-fold increase over the 75 submissions last year. Increases social media marketing

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CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 25, 2026

Page 4 of 6 ends

helped increase responses, coupled with a short video encouraging residents to complete the survey.

One part of the survey was focused on asking respondents to prioritize City services – public safety, parks and recreation, public works, etc. Respondents were provided with a hypothetical “100 coins” and were asked to distribute the “100 coins” across departments.

Recreation and Community Services received the most “coins,” with 24.3% of respondents choosing it, followed by Public Works (15.2%), Planning and Community Development (14.5%), Police (14.2%) and Fire (12.7%). The graph below shows the total results:

The survey also provided the opportunity for respondents to provide write-in comments.

The responses show a mixed but generally critical sentiment, with many residents expressing concerns about infrastructure, cleanliness, and equitable investment across neighborhoods in the City. At the same time, a notable portion of respondents expressed constructive suggestions, appreciation for certain improvements, and strong civic pride.

The approximate sentiment distribution across all comments was:

￿ Negative / Concerned: ~60%
￿ Neutral / Constructive: ~25%
￿ Positive / Supportive: ~15%

The dominant tone is frustration paired with optimism—many residents believe Montebello has strong potential but feel improvements are needed to maintain quality of life and competitiveness with neighboring cities.

There are several key themes that arose from the comments – mirroring closely the themes from the community budget forums. The nine broad themes from the survey are:

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CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 25, 2026

Page 5 of 6 ends

• Infrastructure and Street Maintenance (Most Frequent Theme) • Beautification, Trees, and Neighborhood Appearance • Parks, Recreation, and Youth Programs
• Public Safety and Policing
• Economic Development and Business Attraction
• Homelessness and Social Services
• Cleanliness, Code Enforcement, and Neighborhood Quality • Budget Transparency and Fiscal Responsibility
• Housing and Affordability

Attachment B provides details of the comments in each theme. In general, “Infrastructure and Street Maintenance” (Most Frequent Theme) and “Beautification, Trees, and Neighborhood Appearance” reflected concerns about repaving major corridors (e.g., Olympic Blvd) and residential streets, improving traffic signal timing, safer crosswalks and improved pedestrian infrastructure, more trees/shade, landscaped medians, removal of blighted or poorly maintained buildings, etc. – all similar comments received across the three budget forums.

Across all the responses, residents consistently emphasized five overarching priorities:

1. Infrastructure improvements (roads, sidewalks, traffic safety)

2. Beautification and greenery throughout the city

3. Upgraded parks and youth recreation opportunities

4. Public safety and neighborhood cleanliness

5. Economic development and attracting businesses

Overall survey sentiment shows residents want Montebello to be cleaner, safer, more beautiful, and more economically vibrant, with stronger infrastructure and improved community spaces. While concerns about governance and spending appear in some comments, many responses focus on practical improvements that enhance daily quality of life.

Next Steps
The results from the budget survey and feedback from the budget forums are being presented to the City Council early in the Fiscal Year 2026-27 budget development process. The goal is to provide this feedback so that community priorities are known and can be considered as the budget is built for next year.

As in prior years, additional budget presentations will follow during the months of May and June, providing the City Council and the community with additional opportunities to weigh in on various budget priorities.

SUMMARY:

Staff recommends the City Council receive and file this information and the presentation

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CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 25, 2026

Page 6 of 6 ends

of community budget forum feedback and budget survey results.

ATTACHMENT(S)

1. ATTACHMENT A - Community Budget Forums Feedback Summary

2. ATTACHMENT B - City Budget Survey Write-In Responses March 2026 Report

3. ATTACHMENT C - Community Budget Forums FY 2026_27 Presentation

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City of Montebello
Community Budget Forums Fiscal Year 2026-27
Resident Comments and Feedback
Sorted by Category and Forum Date

Streets, Traffic & Infrastructure (10)
Residents requested improvements related to road safety, infrastructure maintenance, and traffic circulation.

Comments included:

2.3.26 • Make lanes visible on Lincoln Avenue
• Lighted stop signs at intersection Lincoln/La Merced
• Street cleaning, street lights

2.12.26 • Put stop signs between Maple & Lincoln
• 3-way stop sign at Lincoln & Vail
• Waze uses Lincoln as a short cut off of 60 freeway

2.18.26 • Pave our streets
• Fix curbs
• Fix trees
• Fix the Kathy Hensel sign

Public Safety (6)
Residents expressed interest in increased safety measures, including enhanced police presence, traffic enforcement, and surveillance.

Comments included:

2.3.26 • Hire more police officers/increase patrol in Montebello Hills • Supply the best equipment for law enforcement
• Give more tickets to bad drivers/speeding
• Cameras & lighting in North side of city to prevent dumping

2.18.26 • Park security cameras, security, patrol officers; people littering from parked cars • More surveillance on the river bed

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City of Montebello
Community Budget Forums Fiscal Year 2026-27
Resident Comments and Feedback
Sorted by Category and Forum Date

Parks & Community Amenities (7)
Residents emphasized the importance of maintaining parks and expanding recreational amenities.

Comments included:

2.3.26 • Clean Parks - Restrooms more often
• Continue to create better family-friendly spaces for families • Remodeling park restrooms
• New hiking trails

2.12.26 • Too many cracks in the skate park

2.18.26 • Fix the parks
• Fix the skate park

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City of Montebello
Community Budget Forums Fiscal Year 2026-27
Resident Comments and Feedback
Sorted by Category and Forum Date

Community Cleanliness & Quality of Life (2)
Residents raised concerns related to neighborhood cleanliness and environmental conditions.

Comments included:

2.3.26 • Homeless encampments on San Gabriel Blvd./street cleaning

2.18.26 • Mess on Bluff Street

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City of Montebello
Community Budget Forums Fiscal Year 2026-27
Resident Comments and Feedback
Sorted by Category and Forum Date

City Governance, Programs & Economic Development (8)
Residents provided feedback regarding transparency, city programs, and economic development opportunities.

Comments included:

2.3.26 • Mall enhancement
• More information about City planning for disasters
• Small business support programs
• Homeowner programs w/o income limit

2.12.26 • Break down taxes by District
• Add two sections to pie chart to include admin leave & legal fees

2.18.26 • City equity related to Districts on all things especially infrastructure, trees, lighting, etc.
• Regular third party audit of hotels, golf course, food & beverage contracts

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Fiscal Year 2026–2027 City Budget Survey
Write-In Responses and Analysis
March 2026 Report

Sentiment Analysis
The responses show a mixed but generally critical sentiment, with many residents expressing concerns about infrastructure, cleanliness, and equitable investment across neighborhoods. At the same time, a notable portion of respondents express constructive suggestions, appreciation for certain improvements, and strong civic pride.

Approximate sentiment distribution:
 Negative / Concerned: ~60%
 Neutral / Constructive: ~25%
 Positive / Supportive: ~15%
The dominant tone is frustration paired with optimism —many residents believe Montebello has strong potential but feel improvements are needed to maintain quality of life and competitiveness with neighboring cities.

Key Themes From Responses

1. Infrastructure and Street Maintenance (Most Frequent Theme) Residents consistently emphasized the need for better road maintenance, sidewalks, traffic management, and infrastructure upgrades.

Common concerns:
• Poor road conditions and uneven pavement repairs
• Need to repave residential streets and major corridors (e.g., Olympic Blvd.) • Construction coordination and lack of signage causing pedestrian safety issues • Requests for improved traffic signal timing
• Safer crosswalks, speed bumps, and pedestrian infrastructure Many respondents also emphasized walkability and accessibility, including ADA improvements and wider sidewalks.

2. Beautification, Trees, and Neighborhood Appearance
A large number of comments focused on city appearance and beautification, with requests for:
• More trees and shade along streets
• Landscaped medians and greenery
• Removal of blighted or poorly maintained buildings
• Improved business facades and signage standards
• Consistent aesthetic themes across the city
Several residents compared Montebello to neighboring cities like Pasadena, Whittier, Pico Rivera, and Tustin, noting that those communities appear more welcoming and landscaped.

Residents also highlighted uneven investment between north and south Montebello, describing parts of the south side as neglected.

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Fiscal Year 2026–2027 City Budget Survey
Write-In Responses and Analysis
March 2026 Report

3. Parks, Recreation, and Youth Programs
Parks and recreation were mentioned frequently, particularly:
• Renovation of park restrooms (one of the most repeated concerns) • Improved playgrounds and sports facilities
• More youth sports funding
• Shade structures at parks
• Trails for strollers and wheelchairs
• Programs for youth, teens, and special needs residents

Some respondents also suggested:
• Sensory-friendly playgrounds
• Community activity spaces
• Support for youth organizations such as scouts

Overall, residents strongly value parks as community gathering spaces and want improvements to keep families engaged locally.

4. Public Safety and Policing
Public safety was a high priority for many respondents, though opinions about funding levels varied.

Some residents requested:
• More police patrols
• Traffic enforcement and motorcycle officers
• Faster response times
• Removal of homeless encampments
o However, other residents expressed concerns about police funding levels, suggesting resources should instead be directed toward:
• Community services
• Parks and recreation
• Infrastructure
This indicates a clear divide in public opinion regarding police funding priorities.

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Fiscal Year 2026–2027 City Budget Survey
Write-In Responses and Analysis
March 2026 Report

5. Economic Development and Business Attraction
Residents frequently discussed the need to revitalize commercial areas and attract businesses.

Key suggestions:
• Revitalize downtown Montebello
• Fill vacant storefronts
• Attract restaurants and family-oriented entertainment • Improve commercial corridors like Whittier Boulevard
• Provide better support for small businesses
Several comments emphasized that economic development is essential to increasing sales tax revenue and sustaining city services.

6. Homelessness and Social Services
Homelessness remains a significant concern. Residents expressed mixed perspectives:
• Some support service-based solutions, including housing and mental health support. • Others favor stronger enforcement and removal of encampments.

There were also criticisms of the city’s current homelessness response programs.

7. Cleanliness, Code Enforcement, and Neighborhood Quality Many respondents want stronger enforcement related to:
• Graffiti removal
• Illegal dumping
• Property maintenance
• Parking enforcement
• Blighted buildings
• Street cleanliness
Several residents specifically requested more code enforcement officers and expanded enforcement hours.

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Fiscal Year 2026–2027 City Budget Survey
Write-In Responses and Analysis
March 2026 Report

8. Budget Transparency and Fiscal Responsibility
Some respondents requested:
• More transparency about legal settlements and administrative leave costs • Better breakdowns of tax revenue by district
• Careful spending and avoidance of unnecessary projects • Review of municipal compensation and pension costs
These responses reflect a desire for greater accountability and fiscal transparency.

9. Housing and Affordability
A smaller but notable group raised housing concerns, including:
• Need for affordable housing
• More senior housing
• Rental assistance
• Concerns about rising costs for middle-income residents

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Fiscal Year 2026–2027 City Budget Survey
Write-In Responses and Analysis
March 2026 Report

Positive Feedback
While many responses focused on challenges, some residents also noted:
• Appreciation for community events
• Positive feedback about graffiti removal
• Excitement about new businesses opening
• Recognition of city improvements such as new street lighting These comments suggest residents recognize progress but want continued momentum.

Key Takeaways
Across the responses, residents consistently emphasized five overarching priorities:

1. Infrastructure improvements (roads, sidewalks, traffic safety)

2. Beautification and greenery throughout the city

3. Upgraded parks and youth recreation opportunities

4. Public safety and neighborhood cleanliness

5. Economic development and attracting businesses
A recurring concern is perceived inequity between north and south Montebello, with residents requesting more balanced investment across neighborhoods.

Conclusion:

Residents want Montebello to be cleaner, safer, more beautiful, and more economically vibrant, with stronger infrastructure and improved community spaces. While concerns about governance and spending appear in some comments, many responses focus on practical improvements that enhance daily quality of life.

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City of Montebello
Community Budget Forum
February 2026
Budget Information, Input and Feedback

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Mayor and
City Manager
Welcome
Remarks
Mayor Georgina Tamayo
City Manager Raul Alvarez

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Agenda
 Budget Basics – what is a budget?
 Montebello Budget Specifics – sources and uses
 Budget Transparency – reports, forums, survey
 Community Feedback and Input – tell us your ideas

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Accomplishments /
Looking Ahead
 LA Economic Development Council “Most Business-
Friendly City 2025”
 New Businesses: Tesla, Ace Hardware, Hobby Lobby, Dutch Bros. Coffee, Round 1, Yard House…
 Rio Hondo River Access enhancements (Phase 1)
 City Park Baseball Field Renovation
 General Plan Update / Downtown Specific Plan
 Grant funds for new playground at City Park
 Paving 33 streets Citywide (ongoing paving program)
 Rain Barrel giveaway program
 Chet Holifield Community Resource Center
 Chet Holifield community garden (coming soon)

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Community
Budget Survey
 “Go Live” – Target Release: Friday, February 13
 Watch Social Media for link

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What is a
Budget?
 City Council sets priorities
 City Council provides spending authority
 City Budget provides funding for essential services
 A budget gives revenue a purpose
 A budget is a plan

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Parts of the
Budget
 Budget Message: the budget “story”, highlights,
significant issues, City Council priorities, etc…
 Revenue and Expenditure Tables (all funds)
 Full-time Equivalent Listing (i.e., Position Listing)  Department Budgets
 Department Overview and Performance Measures
 Table of Organization
 Expenditure details
 Capital Improvement Plan (CIP)
 Related financial and operational appendices

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Putting the
Budget
Together –
“Buckets”
General Fund
“Bucket”
Transit Fund
“Bucket”
LA Metro Local
Return Funds
“Buckets”
Gas Tax Fund
“Bucket”
• Revenue in each bucket restricted (more or less)
• Expenditures categorized by source of revenue

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City of
Montebello:

Table of
Organization

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Budget
Overview

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General Fund
Trends –
Expenditures
50 55
60 65
70 75
80 85
90 95
$54.19
$59.77
$55.68
$69.38
$61.41
$66.32$67.99
$80.22
$72.69
$85.76
$76.10
$89.87
$83.55
$91.41
Millions

54.2% Increase in Budget

50.7% Increase in Actuals

7.9% average annual increase (YoY) in actual
expenses

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General Fund
Trends –
Revenue
0 10
20 30
40 50
60 70
80 90
100
2019-20 Actual 2020-21 Actual 2021-22 Actual 2022-23 Actual 2023-24 Actual FY 24-25

ADOPTED
FY 24-25
Actual
FY 25-26

ADOPTED
FY 25-26

PROJECTED
$48.60
$67.52
$73.42
$96.83 $96.10
$76.66
$86.72 $84.45
$91.83
Millions

64.5% Increase in Budget

52.6% Increase in Actuals

11.9% average annual increase (YoY) in actual revenue received

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Revenue:

Where does it
come from?
Sales Tax

33.9%
Property Tax

22.1%
Franchise Fees -
Other Taxes

5.0%
Licenses and
Permits

11.2%
Fines and
Forfeitures

4.1%
Charges for
Services

10.5%
Intergovernmental
- Investments -
Other Revenue

7.0%
Transfers In

6.4%

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Revenue:

Sales Tax

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Revenue:

Property Tax
Montebello receives
$0.0986 of every
property tax dollar
paid

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Expenditures:

How is revenue
spent?
Administration /
Elected

3.42%
Community
Development

5.76%
Finance

3.78%
Fire

23.18%
Human Resources

1.84%
Information
Technology

1.47%
Parks and
Recreation

7.09%
Police

30.16%
Public Works

19.48%
Non-
Departmental

3.82%

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Cash and
Liquidity
-
20,000,000
40,000,000
60,000,000
80,000,000
100,000,000
120,000,000
140,000,000
Total Available Cash 2020 - 2025
December 2025 Available Cash:
$59.44 million

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General Fund
Reserves
Amount Reserve Category Reserve Benchmark Amount
$ 19,100,000 Economic Uncertainties 25% of GF Revenue $ 3,800,000 Unfunded Liabilities 5% of GF Revenue $ 3,800,000 Equip/Tech Replacement 5% of GF Revenue $ 3,800,000 Capital Improvement 5% of GF Revenue $ 1,000,000 Deferred Maintenance Fixed Amount
$ 500,000 Insurance-Risk Mgmt Fixed Amount $ 1,000,000 Economic Sustainability Fixed Amount $ 33,000,000 TOTAL Reserves per Policy
*General Fund reserves guided by written policy adopted annually by the City Council; can be found with budget book on City’s website.

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Financial
Transparency
 Quarterly budget updates
 Monthly and Quarterly Treasurer's Reports
 Budget adoption
 Community budget forums
 Budget feedback survey
 Published GFOA Award Winning budget document
 Published Annual Comprehensive Financial Report
(audit)

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Financial
Transparency
6th Consecutive Year
Receiving this Award

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Improved
Credit Rating
“Rating action reflects view of the city’s strong general fund performance…driven by robust growth in property tax and sales tax revenue.

Operating surpluses during the past three years have led to recovery in available general fund reserves that are in compliance with the city’s policy.”

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External
Pressures
 Global and national events have local impacts…
 Prices the City pays for goods and services will increase  Local economy impacted = reduced consumer buying
power = lower sales tax revenue
 Uncertainty not good for the economy…
 Tariffs – unclear on total magnitude of impact
 Inflation – rising costs of “everyday” consumer
goods
 Immigration Enforcement – community and labor
force impacts

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Budget
Development
Process:

FY 2026-27
 February: Community Budget Forums, Community Budget
Survey
 March/April: Staff works to strategize budget requests, update revenue projections, plan capital projects, etc.  May: Staff provides preliminary budget for FY 2026-27  June: City Council adoption of FY 2026-27 budget

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Community
Feedback
Session
• Improve, Update and Beautify City-owned
infrastructure (e.g., roads, parks, City facilities, trees and landscaping, vehicles, etc.)
• Diversify and expand Community and Unhoused
programming and services
• Expand the City’s sales tax and property tax producing base (i.e., expand Economic Development efforts)

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City of Montebello
Community Budget Forum
February 2026
Budget Information, Input and Feedback

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ITEM # 9

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Cesar Roldan, Director of Public Works

SUBJECT: APPROVE AGREEMENT NO. 4481 WITH AM SIGNAL FOR PURCHASE

AND INSTALLATION OF THE OPTICOM GPS SYSTEM

DATE: March 25, 2026

RECOMMENDATIONS:

It is recommended that the City Council:

1. Approve Agreement No. 4481 with AM Signal for the purchase and installation of the Opticom GPS system; and

2. Authorize the City Manager to execute the agreement and all applicable exhibits, attachments, and related documents necessary to implement the project in good faith; and

3. Approve issuance of the agreement through the Purchasing Cooperative of America in accordance with Montebello Municipal Code Chapter 3.20.050(F) – Cooperative Purchases; and

4. Amend the adopted Fiscal Year 2025-26 budget by increasing appropriations by $287,354 in Account 215-99-7116 (Proposition C Local – Non-Departmental – Improvements Other Than Building); and

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

FISCAL IMPACT:

The total project cost for the procurement and installation of the Opticom GPS at 29 intersections, including vehicle equipment kits for 50 Transit buses, 25 police units, and 25 fire response vehicles, is $883,405.

Funding for the Opticom GPS system will be through Proposition A funds due to the system’s direct benefit to Transit bus efficiency and signal priority operations. Proposition A funding will cover $596,052 of the total project cost under Account No. 210-99-7116 (Proposition A Local – Non-Departmental – Improvements Other Than Building).

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CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 25, 2026

Page 2 of 3 ends

Proposition A funding was included in the Fiscal Year 2025-26 adopted budget, therefore no budget amendment is needed to utilize these funds. The remaining $287,354 will be funded through Proposition C funds under Account No. 215-99-7116 (Proposition C Local – Non-Departmental – Improvements Other Than Building). In order to utilize Proposition C funds, staff is requesting an additional appropriation of $287,354 to Account No. 215- 99-7116.

The agreement will be executed utilizing the Purchasing Cooperative of America cooperative purchasing agreement. The Purchasing Cooperative of America allows municipalities to utilize its competitively bid contracts in compliance with local purchasing policies and municipal codes. The Montebello Municipal Code Section 3.20.050(F) authorizes such cooperative agreements under the City’s Cooperative Purchase provision, which states:

“Cooperative Purchase – Purchases for goods and/or services that are identical or nearly identical in scope to the goods and/or services listed in any valid, current and competitively bid cooperative governmental purchase program. Pricing shall be the same or better than the pricing contained in the cooperative purchase agreement. For the purpose of this Section, the term ‘cooperative governmental purchase program’ means any combination between the city and any other public agency or public agencies for the joint purchase of goods and/or services.”

Utilizing this cooperative purchasing mechanism ensures competitive pricing, regulatory compliance, and administrative efficiency while expediting project delivery.

BACKGROUND/DISCUSSION:

Transit Signal Priority (TSP) is a traffic management tool designed to enhance bus reliability and operational efficiency through signal firmware upgrades and traffic signal controller cabinet improvements. This advanced technology reduces delays for transit vehicles at signalized intersections by extending green phases or shortening red phases to provide an early green when a transit vehicle is approaching. By minimizing intersection delay, TSP improves schedule adherence, reduces idle time, and enhances overall system performance.

Systems such as the Opticom Transit Signal Priority system provide measurable benefits to the City’s public transit operations. The system mitigates passenger travel time by reducing red-light stops and intersection delays, enhances service dependability through dynamic signal adjustments, and improves traffic flow along major corridors. Collectively, these improvements strengthen the overall rider experience and support increased transit reliability and efficiency.

In addition to transit benefits, the Opticom Emergency Vehicle Preemption (EVP) system enhances emergency response capabilities and intersection safety. EVP is a dynamic technology that allows fire apparatus, police vehicles, and other authorized emergency responders to receive priority at signalized intersections. By granting right-of-way only when and where emergency vehicles require it, the system reduces response times,

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CITY COUNCIL AGENDA REPORT - MEETING OF MARCH 25, 2026

Page 3 of 3 ends

minimizes delays caused by red signals, and improves safety for both responders and the traveling public.

The proposed Opticom system is scheduled for installation at 29 signalized intersections, with a focus on key arterial corridors including Beverly Boulevard, Whittier Boulevard, and Garfield Avenue. Vehicle equipment kits will be installed in 50 Transit buses, 25 police units, and 25 fire response vehicles to ensure full compatibility with the upgraded intersections. This coordinated deployment will support both transit signal priority and emergency vehicle preemption operations, further advancing the City’s goals of improving mobility, public safety, and transportation system efficiency.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

Approval of Agreement No. 4481 with AM Signal for the implementation of the Opticom GPS system represents a coordinated investment in transportation efficiency and public safety. The project will equip 29 signalized intersections and 100 City vehicles—including Transit buses, Police units, and Fire response vehicles—with integrated Transit Signal Priority and Emergency Vehicle Preemption technology. This deployment will improve transit reliability, reduce passenger travel times, enhance emergency response capabilities, and optimize traffic flow along key arterial corridors.

The project is fully funded through a combination of Proposition A and Proposition C funds, with procurement completed through the Purchasing Cooperative of America in compliance with Montebello Municipal Code Section 3.20.050(F). The recommended actions also require amending the adopted Fiscal Year 2025-26 budget by increasing appropriations by $287,354 in Account 215-99-7116 (Proposition C Local – Non- Departmental – Improvements Other Than Building). Sufficient appropriations exist in Proposition A, therefore no budget amendment is needed in Fund 210.

ATTACHMENT(S)

1. Attachment A - Agreement No. 4481

2. Attachment B - Opticom GPS Quote

3. Attachment C - PCA OD-383-23 Contract

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CITY OF MONTEBELLO
PROFESSIONAL SERVICE AGREEMENT NO. 4481

WITH AM SIGNAL, INC
THIS AGREEMENT (“Agreement”) is made and entered into on March 25, 2026 (“Effective Date”) , by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and AM SIGNAL, LLC (the “VENDOR”). The CITY and the VENDOR are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”

RECITALS
WHEREAS, the CIT Y d esires t o r etain a pr ofessional vendor to pro vide Automotive Supplies; and
WHEREAS, the CITY may authorize a purchase for goods and/or services that are nearly identical in scope to the goods/services listed in any valid current and competitively bid cooperative purchase program; and
WHEREAS, the VENDOR submitted a proposal on February 24, 2026; and WHEREAS, t he VENDOR represents that i t is f ully qual ified to provide automotive supplies by virtue of its experience and expertise of it s principals; and WHEREAS, t he CITY evaluat ed the responses and determi ned that the VENDOR will meet the requirements in a satisfactory manner.

NOW THE REFORE, in c onsideration of performance by the Parties of th e covenants and conditions herein contained, the Parties hereto agree as follows:

SECTION 1. INCORPORATION O F RE CITALS A ND OTHER CONTRACT

DOCUMENTS
A. The above -referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover, this Agreement consists of the following documents, in order of precedence, all of which are incorporated herein and made part of this Agreement, as though fully set forth herein:
a. All
other documents, including but not limited to all applicable bonds, insurance certificates, permits, notices, schedules, forms, certifications, and affidavits.

B. These doc
uments shall be collectively referred to herein as the
“Contract Documents.” In the event of a conflict among the Contract Documents, the order of precedence list above shall apply.

SECT
ION 2. SERVICES / COMPENSATION.

A. The VENDO
R shall provide the CITY with all equipment, materials and incidentals on an as-needed basis.

B. The VENDO
R shall be compensated in an amount not -to-exceed Eight Hundred Eighty -Three Thousand Four Hundred and Five Dollars with Four Cents Attachment A

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($883,405.04) (“Compensation”). The VENDOR shall provide an itemized billing statement to the CITY for all provided Automotive Supplies . The VENDOR shall not incur fees or costs which exceed the Compensation without the prior written consent of the CITY.

SECTION 3. TERM.

a. This Agreement shall commence upon issuance of a written “Notice to Proceed” (as further defined below) by the CITY and shall expire on December 31, 2026, unless terminated earlier as hereinafter provided. b. Notice to Proceed. Any work or service contemplated under this Agreement shall not commence until the CITY has issued a written Notice to Proceed issued by CITY’s applicable, department head.

SECTION 4. PERFORMANCE.

a. The VENDOR shall at all times, faithfully, competently, and to the best of its ability, experience, and talent, perform all tasks described herein.

b. The VENDOR shall employ, at a minimum, generally accepted standards and practices utilized by companies engaged in providing similar services, as a re required of Vendor hereunder, in meeting its obligations under this Agreement.

c. The VENDOR shall be knowledgeable of and subject to all CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command.

d. The VENDOR shall have the right to retain, subject to the CITY's approval, additional individuals, vendors or subvendors to assist in the completion of services as herein defined. Compensation for additional individuals, vendors or subvendors shall be the sole and exclusive responsibility of the VENDOR.

e. The VENDOR shall retain all original reports, field and office notes, correspondence, calculations, maps, and other documents specifically related to the services provided by the VENDOR pursuant to this Agreement, other than documents which are exempt from disclosure pu rsuant to the attorney-client privilege or any other law. Said documents shall be made available for inspection by the CITY upon request.

SECTION 5. WORK PRODUCT.

a. The VENDOR hereby agrees that all work product produced pursuant to this Agreement and provided to the CITY d uring and upon comp letion of this Agreement, shall be the property of the CITY, and ownership of said work product shall be retained by the CITY.

b. All data, documents, discussion, or other information developed or received by the VENDOR or provided for performance of this Agreement are de emed confidential and shall not be disclosed by the VENDOR without prior written consent by the CITY. The CITY shall grant such consent if disclosure is legally required. All such w ritten products shall be returned to the CITY upon the termination or expiration of this Agreement. The VENDOR agrees that the covenants contained in this Section shall survive the expiration or termination of this Agreement.

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SECTION 6. EXTRA SERVICES.

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

SECTION 7. CITY SUPERVISION.

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

SECTION 8. TERMINATION.

In the event that either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non-defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.

a. Termination for Cause. In the event that any of the provisions of the Agreement are violated by either party, the non -defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and its intent to terminate such Agreement unless within ten (10) days after the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty (30) days cease and terminate. Violations by the VENDOR which cannot be corrected within ten (10) days, said contract shall at the option of the CITY cease and terminate upon the giving of like notice. In the event of any such termination for default by the VENDOR, the C ITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of the VENDOR. The VENDOR and his sureties shall be liable to the CITY for any excess cost occasioned in the event of any such termination. This change shall not be construed to prevent the termination, for other causes authorized by law or other provisions of this contract. In the event of a termination for cause, the VENDOR shall only be entitled to the Compensation for those Professional Services satisfactory performed on or before the effective date of termination.

b. Termination for Convenience. T he CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, by giving thirty (30) business days’ written notice to the VENDOR. Upon the termination of this Agreement as provided herein, the CITY shall provide to the VENDOR the part of Compensation which would otherwise be payable to the VENDOR for services the VENDOR had completed as of the date of termination, less the amount of all previous payment with respect to the Compensation. Further, upon such a termination for convenience by the CITY, the Parties agree that the VENDOR shall be reimbursed for any “non-refundable” costs that the VENDOR has incurred for its services under this Agreement, provided that: (1) such “non- refundable” costs were incurred by the VENDOR prior to the d ate of termination, and (2) that the VENDOR provides the CITY with adequate proof that the VENDOR incurred the costs, and is unable to be seek a refund for such costs. Such “non-refundable” costs may include, but are not limited to, travel reservations incurred by the VENDOR for its performance of services under this Agreement. The VENDOR agrees to cease all work under this Agreement on or before the effective date of any notice of termination.

SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.

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

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

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

SECTION 11. INDEPENDENT VENDOR.

a. The VENDOR is and shall, at all times, remain as to the CITY a w holly independent vendor. Neither the CITY nor any of its elected officials, officers, employees, or agents shall have control over the conduct of the VENDOR except as expressly set forth in this Agreement. The VENDOR shall not at a ny time or in any manner represent that he or she is in a ny manner an elected official, officer, employee, or agent of the CITY. No employee benefits shall be available to the VENDOR in connection with the performance of this Agreement. Except as provided in this Agreement, the CITY shall not pay salary, wages, or other compensation to the VENDOR for performance hereunder for the CITY, the CITY shall not be liable for compensation to the VENDOR, the VENDOR’s employees or the VENDOR’s subvendors for injury or sickness arising out of performing services hereunder.

b. The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a p artnership, joint venture, empl oyment relationship or any other relationship except as set forth in this Agreement.

c. The CITY shall not deduct from the Compensation paid to the VENDOR any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or wi thholding on the compensation paid to the VENDOR. The CITY shall have no r esponsibility to provide the VENDOR, its employees or subvendors with workers’ compensation insurance or any other insurance.

SECTION 12. CalPERS ANNUITANTS AND ELIGIBILITY INDEMNITY.

a. If the VENDOR is a California Public Employees’ Retirement System (“CalPERS”) annuitant, the VENDOR must provide the City with written notification of such fact a minimum of 14 calendar days prior to commencement of services under this Agreement. Failure to provide such notification may result in termination of the Agreement, and any penalties or other costs relating thereto shall be borne by the VENDOR. If this Agreement remains in place, the VENDOR shall execute any amendment(s) to this Agreement requested by the City in order to comply with all laws and regulations applicable to CalPERS annuitants.

b. In the event that the VENDOR or any employee, agent, or subvendor of the VENDOR providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the CITY, the VENDOR shall indemnify, defend, and hold harmless the CITY for the payment of any employee and/or employer contributions for CalPERS b enefits on behalf of the VENDOR or its emp loyees, agents, or subvendors, as well as for the payment of any pe nalties and interest on such contributions, which would otherwise be the responsibility of the CITY.

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c. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, the VENDOR and any of its employees, agents, and subvendors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by the CITY, including but not limited to eligibility to enroll in PERS as an employee of the CITY and entitlement to any contribution to be paid by the CITY for employer contribution and/or employee contributions for PERS benefits.

SECTION 13. LEGAL RESPONSIBILITIES.

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

SECTION 14. INDEMNIFICATION.

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

SECTION 15. INSURANCE COVERAGE.

a. During the term of this Agreement, the VENDOR shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or da mages to property that may arise from or in connection with VENDOR’s performance of this Agreement. Such insurance sh all be of the types and in the amounts as set forth below:

Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including products-completed o perations, personal injury, and advertising injury, with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.

Automobile Liability Insurance: Insurance Services Office Form Number CA 0001 covering, Code 1 (any a uto), or if VENDOR has no owned a utos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 pe r accident for bodily injury and property damage.

Worker's Compensation insurance as required by the laws of the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

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b. If the VENDOR maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the VENDOR.

c. The CONTACTOR shall require each of its subvendors, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.

d. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a current rating of at least A:VII in the latest edition of Best's Insurance Guide.

e. Each insurance policy required above shall state that coverage shall not be canceled, except after thirty (30) days’ prior written notice (ten [10] days for non- payment) has been given to the CITY. The VENDOR agrees that if it does not keep the aforesaid insurance in full force and effect the CITY may e ither (i) immediately terminate this Agreement for Cause; or (ii) take out the n ecessary insurance and pay, at the VENDOR’s expense, the premium thereon.

f. Evidence of Insurance prior to commencement . The Vendor shall provide to the CITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifteen (15) business days prior to the expiration of any policy. Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services’ commencement date. The evidence of insurance shall be U.S. mail or email to:

City of Montebello
Attn: Risk Manager
1600 West Beverly Boulevard
Montebello, CA 90640
Email: [email protected]

g. Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non -renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to the CITY by U.S. mail, or by personal delivery, except for nonpayment of premiums, in which case ten (10) days prior notice shall be provided.

h. Evidence of Insurance during the entire term of the Agreement . At all times during the term of this Agreement, the VENDOR shall maintain on file with the CITY’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the CITY as an additional insured. The VENDOR shall, prior to commencement of work under this Agreement, file with the CITY’s Risk Manager such certificate(s).

i. The VENDOR shall provide proof that p olicies of insurance required he rein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages.

j. The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming the CITY, its officers, employees, agents and volunteers as additional insured’s. All of the policies required under this Agreement shall co ntain an endorsement providing that the policies cannot be canceled or reduced e xcept on thirty days’ prior written notice to the CITY. The

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VENDOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.

k. The insurance provided by the VENDOR shall be primary to any coverage available to the CITY. Any insurance or self-insurance maintained by the CITY, its officers, employees, agents, or volunteers, shall be in excess of VENDOR’s insurance and shall not contribute with it.

l. All insurance coverage provided pursuant to this Agreement shall not prohibit the VENDOR, and VENDOR’s employees, agents or subvendors, from waiving the right of subrogation prior to a loss. The VENDOR hereby waives all rights of subrogation against the CITY.

m. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, the VENDOR shall either reduce or eliminate the deductibles or self-insured retentions with respect to the CITY, or the VENDOR shall procure a bond guaranteeing payment of losses and expenses.

n. Procurement of insurance by the VENDOR shall not be construed as a limitation of the VENDOR'S liability or as full performance of VENDOR’s duties to indemnify, h old ha rmless and d efend und er the indemnity covenants of this Agreement.

SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.

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

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

SECTION 17. NO WAIVER.

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

SECTION 18. DISPUTE RESOLUTION; GOVERNING LAW.

Disputes regarding the interpretation or application of any p rovision(s) of this Agreement shall, to the e xtent reasonably feasible, be resolved through good faith negotiations between the Parties. If any action at law or in equity is brought to enforce this Agreement or b ecause of alleged dispute, breach, default or misrepresentation in connection with the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney’s fees, expert fees, co sts and necessary d isbursements incurred in that action or proceeding, in addition to

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such other relief as may be sought and awarded. The venue for any litigation shall be County of Los Angeles, California. The Parties agree that the covenants contained in this Section shall survive the expiration or termination of this Agreement.

SECTION 19. ATTORNEY’S FEES AND COSTS.

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

SECTION 20. WARRANTIES.

Each of the parties represents and warrants to one another as follows:

a. It has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement;

b. In executing this Agreement, it has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever; and

c. It is agreed that each party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either party has the full right and authority to fully commit and bind such party to the provisions of this Agreement.

SECTION 21. MISCELLANEOUS.

a. The descriptive paragraph headings of this Agreement are included for purposes of convenience only and shall not control or affect the construction of interpretation of any of its provisions.

b. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa.

c. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein.

d. The representations and warranties made by the parties to this Agreement shall survive the consummation of the transaction herein described.

e. This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the party whose signature appears in the facsimile and shall be binding upon such party in the same manner as though an originally signed copy had been delivered.

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f. Each of the parties acknowledges that it has been represented by independent counsel of its own choosing, or if it has not been so represented, it has been admonished to obtain independent counsel and has freely and voluntarily waived and relinquished the right to counsel. Each party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such party’s failure to perform under this Agreement or any agreement referred to in this Agreement.

SECTION 22. NO TICE.

All notices, demands, requests or approvals to be given under this Agreement shall be given in writi ng and concl usively shall be deemed served when d elivered via e-mail (an “Electronic Notice” as further defined below), persona lly or on t he second ( 2nd) business da y af ter t he deposit thereof in t he Unit ed States ma il, postag e prepai d, registered or c ertified, addr essed as h ereinafter pro vided. All notices, deman ds, requests, or approvals hereund er shall be giv en t o the fo llowing ad dresses or such other addresses as the Parties may designate by written notice:

If to CITY: City of Montebello
Attn: Raul Alvarez, City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
Email: [email protected]

With a copy to: City of Montebello – Public Works
Attn: Cesar Roldan
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887 – 1200
Email: [email protected]

If to Vendor: AM Signal, Inc.
8100 Southpark Way, Unit A-10
Littleton, Colorado 80120-4525
Kimberly Raub
(714) 454-7051
Email: [email protected]

An electronic communication (“Electronic Notice”) shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above.

Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form.

SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.

In t he perfo rmance of thi s A greement, the VENDOR sh all no t discrimin ate against any employee, sub-vendor, or app licant f or employment b ecause o f race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental h andicap, mental co ndition or sexual orientation. The VENDOR will take affirmative action to en sure that sub-vendor an d applicants are employed, and that employees are treated durin g employment, without regar d to th eir race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental

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handicap, medical condition or sexual orientation.

SECTION 24. CONFLICT OF INTEREST.

The VENDOR covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by the VENDOR under this Agreement, or which would conflict in any manner with the p erformance of its services h ereunder. The VENDOR further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, the VENDOR shall avoid the appearance of having any interest that would conflict in any manner with the p erformance of its services pursuant to this Agreement.

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

SECTION 25. ENTIRE AGREEMENT.

This Agreement contains the e ntire u nderstanding between the CITY a nd the VENDOR. Any prior agreements, promises, negotiations or representations n ot expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party. If any term, condition, or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall be valid and binding.

SECTION 26. EXTENSION TO OTHER PUBLIC AGENCIES

Unless otherwise specified in writing, the VENDOR agrees that the prices, terms, and conditions identified in the Proposal (Exhibit “A”) and Agreement may be extended to other governmental agencies at the mutual agreement of both the public agency and awarded VENDOR. All requirements of the specifications, purchase orders, invoices, and payments with other agencies shall be directly with the VENDOR. VENDOR acknowledges and agrees to the extension of these contract terms to other governmental agencies conditioned upon the agreement of the VENDOR with the governmental agency. This provision in no way guaranteed that the VENDOR will agree to enter into a contract with a governmental agency pursuant to this Section.

[SIGNATURE PAGE TO FOLLOW]

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IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above.

(“CITY”) (“VENDOR”)
CITY OF MONTEBELLO AM SIGNAL, INC.

Raul Alvarez, City Manager Zac Ward, Executive Vice President

ATTEST:

Christopher Jimenez, City Clerk

APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City Attorney

EXHIBITS:
• Exhibit A – Vendor’s Quote

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EXHIBIT “A”

Vendor’s Quote for Opticom GPS

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QUOTE
AgencyMontebello Date 2/24/26
Contact Cesar Roldan PCA CONTRACT#OD-383-23 CA
Address Fax No.

City State CA Zip Code
Project Opticom GPS Rep Kimberly Raub
E-Mail [email protected] E-Mail [email protected] QtyModel No. Description Unit Price Price
29 764 Phase Selector $3,370.00 $97,730.00
29 GPS 3100 Intersection Antenna $3,347.00 $97,063.00
8 1070 GPS Cable 1000’ $1,822.00 $14,576.00
29 Pelco Mounting Brackets $95.00 $2,755.00
29 768 Aux Panel $756.00 $21,924.00
50 GPS Vehicle Kit Fire/PD - Hi Priority $3,934.00 $196,700.00 50 GPS Vehicle Kit Fire/PD - LO Priority $3,934.00 $196,700.00 29 Intersection Installation/Tech Support-NON TAXABLE$1,675.00 $48,575.00 100 GPS Vehicle Installation - NON TAXABLE $1,400.00 $140,000.00 1 Freight $1,500.00 $1,500.00
Subtotal$817,523.00
TAX 10.50% $65,882.04
TOTAL$883,405.04
Pricing valid for 60 days
[email protected] 714/454-7051
8100 Southpark Way #A-10 Littleton. CO 80120
1

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QUOTE
Agency Montebello Date 2/24/26
Contact Cesar Roldan PCA CONTRACT# OD-383-23 CA
Address Fax No.

City State CA Zip Code
Project Opticom GPS Rep Kimberly Raub
E-Mail [email protected] E-Mail [email protected] Qty Model No. Description Unit Price Price
29 764 Phase Selector $3,370.00 $97,730.00
29 GPS 3100 Intersection Antenna $3,347.00 $97,063.00
8 1070 GPS Cable 1000’ $1,822.00 $14,576.00
29 Pelco Mounting Brackets $95.00 $2,755.00
29 768 Aux Panel $756.00 $21,924.00
50 GPS Vehicle Kit Fire/PD - Hi Priority $3,934.00 $196,700.00 50 GPS Vehicle Kit Fire/PD - LO Priority $3,934.00 $196,700.00 29 Intersection Installation/Tech Support-NON TAXABLE $1,675.00 $48,575.00 100 GPS Vehicle Installation - NON TAXABLE $1,400.00 $140,000.00 1 Freight $1,500.00 $1,500.00
Subtotal $817,523.00
TAX 10.50% $65,882.04
TOTAL $883,405.04
Pricing valid for 60 days
[email protected] 714/454-7051
8100 Southpark Way #A-10 Littleton. CO 80120
1 Attachment B

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PURCHASING COOPERATIVE OF AMERICA
RFP OD-383-23 Traffic Control, Road Safety & Related Products and Services

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FORM A

OFFER ACCEPTANCE AND CONTRACT SIGNATURES FORM
Complete and sign and upload.

Offer by Vendor
Vendor acknowledges and certifies that they have examined this solicitation, contract terms and conditions, scope and specifications, accompanying forms, etc. (the entire Contract) and hereby offers to furnish products and/or services in strict compliance with the entire Contract and Vendor’s response. ____ NO EXCEPTIONS. Vendor assures Awarding Agency of compliance with the entire Contract and response with no further changes.
____ WITH EXCEPTIONS. Proposed changes to Contract Terms and Conditions. See RESPONSE INSTRUCTIONS for presenting Vendor’s proposed changes.

NOTE: Freight & Delivery, if charged to customer, is not considered an exception.

Company Name:

Address:

City/State/Zip:

Phone: Email:

Printed Name, Title:

Signature:
********************VENDOR DO NOT WRITE BELOW THIS LINE ******************** Contract Number:

Contract Exceptions – PCA
None All Rejected Negotiated, Agreed To, and Attached PCA Authorized Signature: _____
Printed Name: Date:

Offer Acceptance by PCA Awarding Agency
Term of Contract: to
Unless otherwise stated, this Contract is for an initial period of one (1) year with an option to renew annually for an additional four (4) years if agreed upon by Awarding Agency and Vendor. Renewal shall be automatic on the anniversary date unless informed otherwise.

Awarding Agency Authorized Signature: _____
Printed Name: Date:

X
Littleton, CO 80120
8100 Southpark Way, Unit A10
AM Signal, LLC
720-348-6925
[email protected]
Brooke Hageny, Director of Inside Sales and Estimating
Attachment C

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PURCHASING COOPERATIVE OF AMERICA
RFP OD-383-23 Traffic Control, Road Safety & Related Products and Services

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FORM B

SOLICITATION ADDENDUM
If issued; sign and upload.

An Addendum, if issued, will be noticed in Bonfire and on the PCA website, www.pcamerica.org on the Solicitation Tab.

The Addendum will clearly state the addition, change or deletion to the solicitation and require an acknowledgement by Vendor by signature.

Download the Addendum, sign and date, and submit the Addendum with Vendor’s submission. If Vendor has already submitted a proposal in Bonfire before the notice is posted, Vendor may select to ‘UNSUBMIT’ their response and after uploading the Addendum, select ‘FINAL SUBMISSION’ again.

_____ Check here if there are NO Addendums.

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PURCHASING COOPERATIVE OF AMERICA
RFP OD-383-23 Traffic Control, Road Safety & Related Products and Services

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FORM C

VENDOR CERTIFICATION FORM
Initial each certification, sign and upload.

TEXAS CERTIFICATIONS:

CERTIFICATE OF INTERESTED PARTIES
A governmental entity or state agency may not enter into certain contracts with a business entity unless the business entity submits a disclosure of interested parties . Form 12 95 mus t be filed with the Texas Ethics Commission at www.ethics.state.tx.us. TEX. GOV’T. CODE, Chapter 2252.908.

Does Vendor agree? If YES, provide the initials of an Authorized Representative ____

CRIMINAL HISTORY BACKGROUND CHECKS
TEX. EDU C. CODE, Chap ter 22 requires Vendors fo r public schoo l districts to review sta te and nation al criminal histories of employees o r subcontra cted employees who will have dire ct contact with students, and certain convictions will disqualify that employee from service to the school district. Also go to tasb.org.

Does Vendor agree? If YES, provide the initials of an Authorized Representative ____

DOING BUSINESS WITH INDIVIDUALS, ENTITIES OR COUNTRIES

SANCTIONED BY TEXAS AND OTHER STATES
TEX. GOV’T. CODE, Chap ter 2252 prohibits Texas governments from contractin g with companies that do business with listed foreign terrorist organizations, as updated; other states have similar laws.

Does Vendor agree? If YES, provide the initials of an Authorized Representative ____

INVESTMENTS AND CONTRACTS WITH COMPANIES THAT BOYCOTT ENERGY COMPANIES Subtitle A, Title 8, TEX. GOV’T. CODE, Chapter 809. Contracts for goods/services between a governmental entity and a company (excludin g a sole proprietorship ) with 10 or more full-time employees that has a value of $100, 000 or more to be paid wholly or in part from public funds. Vendor certifies that Vendor • Does not boycott energy companies, and
• Will not boycott energy companies during the term of the contract.

Does Vendor agree? If YES, provide the initials of an Authorized Representative ____

TEXAS FAMILY CODE
Section 14.52 of the TEX. FAMILY CODE, added by S.B. 84, Acts, 73rd Legislature, R.S. (1993) : all responders must complete and submit the following affidavit: I, the undersigned Vendor, do hereby acknowledge that NO sole proprietor, partner, majority share holder of a corporation, or an Owner of 10% or more of another business entity is 30 days or more delinquent in paying child support under a court order or a written repayment agreement is eligible to respond or receive a state contract.

Does Vendor agree? If YES, provide the initials of an Authorized Representative ____

CONTRACTS WITH COMPANIES THAT DISCRIMINATE AGAINST FIREARM INDUSTRY TEX. GOV’T. CODE, Subtitle F, Chapter 2274 - Effective date, September 1, 2021. For contracts for goods/services between a governmental entity and a company (excluding a sole proprietorship) with 10 or more full -time employees that has a value of $100,000 or more to be paid wholly or i n part from public funds, Vendor certifies that Vendor
• Does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association, and
• Will not discriminate against a firearm entity/ firearm trade as sociation during the term of the contract.

Does Vendor agree? If YES, provide the initials of an Authorized Representative ____ BH
BH
BH
BH
BH
BH

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TEXAS FELONY CONVICTION NOTICE
TEX. EDUC. CODE § 44.034, Notification of Criminal History of Vendor s, provides: (a.) A person or business entity that enters into a contract with a Texas school district must give advance notice to the district if the person or an Owner or operator of the business entity has been convicted of a felony. The notice must include a general description of the conduct resulting in the conviction of a felony. (b.) A Texas school district may terminate a contract with a person or business entity if the district determines that the person or business entity failed to give notice as required by Subsection (a) or misrepresented the conduct resulting in the conviction. The district must compensate the person or business entity for services performed before the termination of the contract. (c.) This section does not apply to a publicly held corporation.

Does Vendor agree? If YES, provide the initials of an Authorized Representative ____

STATE OF TEXAS FRANCHISE TAX
Vendor certifies that Vendor is not currently delinquent in Vendor’s payment of any franchise taxes or other taxes owed to the State of Texas.

Does Vendor agree? If YES, provide the initials of an Authorized Representative ____ FEDERAL CERTIFICATIONS:

BUY AMERICA PROVISIONS
Vendor certifies that Vendor is in compliance with all applicable provisions of the Buy America Act. Purchases made in accordance with the Buy America Act must still follow the applicable procurement rules calling for free and open competition.

Buy American Act (1933) applies to direct U.S. Federal procurement, covers specified products, and requires the U.S. government to prefer domestic goods and services unless the head of the agency involved in the procurement has determined that the prices of the domestic suppliers are “unreasonable” or that the purchase would be “inconsistent with the public interest.” The Act contains exceptions in terms of trade agreements.

Buy America Act (1983) applies only to mass-transit-related procurements such as highways, bridges, transit systems and terminal programs valued over $100,000 and funded at least in part by Federal grants issued by the Federal Transit Administration and Federal Highway Administration. Under Buy America, Federal-aid funds may not be obligated for a project unless iron and steel products used in such projects are manufactured in the United States -- with some exceptions.

Does Vendor agree? If YES, provide the initials of an Authorized Representative ____

REQUIRED CONTRACT PROVISIONS FOR NON-FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS – APPENDIX II TO CFR PART 200
In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non- Federal entity under the Federal award must contain provisions covering the following, as applicable:
(A) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908 , must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

Does Vendor agree? If YES, provide the initials of an Authorized Representative ____ (B) All contracts in excess of $10,000 must address termination for cause and for convenience by the non- Federal entity including the manner by which it will be effected and the basis for settlement.

Does Vendor agree? If YES, provide the initials of an Authorized Representative ____ (C) Equal Employment Opportunity - Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “ Federally assisted construction contract” in 41 CFR Part 60 -1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part , 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 BH
BH
BH
BH
BH

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CFR part 60 , “ Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”
Does Vendor agree? If YES, provide the initials of an Authorized Representative ____ (D) Davis-Bacon Act, as amended ( 40 U.S.C. 3141 -3148) - When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the D avis-Bacon Act ( 40 U.S.C. 3141 -3144, and 3146-3148) as supplemented by Department of Labor regulations ( 29 CFR Part 5 , “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than th e prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non -Federal entity must place a copy of the current prevailing wage determination iss ued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non -Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by D epartment of Labor regulations ( 29 CFR Part 3 , “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants f rom the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency.

All Texas laws regarding prevailing wage rates, including, but not limited to, TEX. GOV’T. CODE § 2258, applicable to the construction of a public work, and any related Federal requirements, including the Davis-Bacon Act, (40 U.S.C. Section 276a et seq.), and its subsequent amendments. In the event TEX. GOV’T. CODE § 2258 applies to a product or service provided by Vendor to a Member, Vendor and any subcontractor(s) shall comply with the prevailing wage rates set by the Member. Certified payroll shall apply and must comply with FEMA requirements for equipment rentals and expendables. A contractor or subcontractor does not violate this section if a public body awarding a contract does not determine the prevailing wage rates and specify the rates in the contract, pe r TEX.

GOV’T. CODE § 2258.023. Also, McNamara-O’Hara Service Contract Act (41 U.S.C. 351).

Does Vendor agree? If YES, provide the initials of an Authorized Representative ____ (E) Contract Work Hours and Safety Standards Act ( 40 U.S.C. 3701-3708) - Where applicable, all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations ( 29 CFR Part 5 ). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dang erous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

Does Vendor agree? If YES, provide the initials of an Authorized Representative ____ (F) Rights to Inventions Made Under a Contract or Agreement - If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

Does Vendor agree? If YES, provide the initials of an Authorized Representative ____ BH
BH
BH
BH

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(G) Clean Air Act ( 42 U.S.C. 7401 -7671q.) and the Federal Water Pollution Control Act ( 33 U.S.C. 1251 -1387), as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).

Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Does Vendor agree? If YES, provide the initials of an Authorized Representative ____ (H) Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (s ee 2 CFR 180.220 ) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.

Does Vendor agree? If YES, provide the initials of an Authorized Representative ____ (I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352.

Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non -Federal award.

Does Vendor agree? If YES, provide the initials of an Authorized Representative ____

CERTIFICATION OF COMPLIANCE WITH THE ENERGY POLICY AND CONSERVATION ACT Vendor certifies that Vendo r is in compliance with mandatory standards and policies relating to energy efficiency which are contained in the state energy plan issued in compliance with the Energy Policy and Conservation Act (Pub.

L. 94-163, 89 Stat. 871).

Does Vendor agree? If YES, provide the initials of an Authorized Representative ____

CERTIFICATION OF COMPLIANCE WITH EPA REGULATIONS APPLICABLE TO GRANTS, SUBGRANTS, COOPERATIVE AGREEMENTS, AND CONTRACTS IN EXCESS OF $100,000 OF FEDERAL FUNDS Vendor certifies that Vendor is in compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air Act of 1970, as amended (42 U.S.C. 1857(h)); Section 508 of the Clean Water Act, as amended (33 U.S.C. 1368), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15.

Does Vendor agree? If YES, provide the initials of an Authorized Representative ____

FERPA CONFIDENTIALITY
Vendor agrees to cooperate with Awarding Agency/PCA to secure the confidentiality of all information and records in accordance with applicable Federal and state laws, rules, and regulations. Vendor understand s that the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232 (g), governs the privacy and security of educational records and information and agree to abide by FERPA rules and regulations, as applicable.

Does Vendor agree? If YES, provide the initials of an Authorized Representative ____

CERTIFICATION OF NON-COLLUSION STATEMENT
Vendor certifies under penalty of perjury that its response to this procurement solicitation is in all respects bona fide, fair, and made without collusion or fraud with any person, joint venture, partnership, corporation or other business or legal entity.

Does Vendor agree? If YES, provide the initials of an Authorized Representative ____ OSHA
BH
BH
BH
BH
BH
BH
BH

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PURCHASING COOPERATIVE OF AMERICA
RFP OD-383-23 Traffic Control, Road Safety & Related Products and Services

Page 34 of 52 ends

Vendor, its sub -vendor(s), and their respective employees shall comply fully with all applicable Federal, state, and local safety and health laws, ordinances, rules, and regulations in the performance of services under this Contract, as applicable, includi ng, without limitation, the Occupational Safety and Health Administration (OSHA). In case of conflict, the most stringent safety requirements shall govern. Vendor shall comply with all safety guidelines and standards as required by PCA Members. Vendor shall indemnify and hold Awarding Agency /PCA, PCA agents, and/or PCA Member(s) harmless from and against all claims, demands, suits, actions, judgments, fines, penalties, and liability of every kind arising from the breach of Vendor’s obligations under this p rovision.

Does Vendor agree? If YES, provide the initials of an Authorized Representative ____

RECORDS ACCESS AND RETENTION REQUIREMENTS
2 C.F.R. § 200.336. Vendor agrees that the Inspector General of the District or any of their duly authorized representatives shall have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under the Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion relating to such documents. 2 CFR § 200.333. When Federal funds are expended by PCA Members for any contract resulting from this procurement process, Vendor certifies that it will comply with the record retention requirements detailed in 2 CFR § 200.333. Vendor further certifies that Vendor will retain all records for a period of three years after grantees or sub grantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

Does Vendor agree? If YES, provide the initials of an Authorized Representative ____ DOING BUSINESS WITH INDIVIDUALS, ENTITIES OR COUNTRIES SANCTIONED BY U.S. GOVERNMENT Vendor certifies that it is not engaged and doing business with individuals, entities or countries sanctioned by the U.S. Government, including, but limited to, those on the Listing of Specially Designated Nationals and Blocked Persons (the “SDN List”).

Does Vendor agree? If YES, provide the initials of an Authorized Representative ____

CERTIFICATION
Vendor agrees to comply to all Federal, state and local provisions, laws, acts, regulations, as applicable. It is further acknowledged that Vendor certifies compliance with the provisions, laws, acts, regulations, etc. noted above.

PCA Members may have additional provisions, laws, acts, regulations they will require Vendor to agree to, and adhere to, which will be added to the purchase order and/or in a supplemental contract.

Vendor Company Name:

Address, City, State and Zip Code:

Printed Name and Title of Authorized Representative:

Phone Number: Email Address:

Signature of Authorized Representative: Date:

AM Signal, LLC
8100 Southpark Way, Unit A10
720-348-6925
Brooke Hageny, Dir. of Inside Sales & Estimating
[email protected]
March 17, 2023
BH
BH
BH

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