Agenda packet — Montebello City Council, October 14, 2026 (part 1 of 4)

CITY OF MONTEBELLO

CITY COUNCIL

REGULAR MEETING
WEDNESDAY, OCTOBER 14, 2026 AT 7:00 PM

TELECONFERENCE LOCATION FOR
COUNCILMEMBER PERALTA:

HOTEL MAI DOWNTOWN LONG

BEACH - LOBBY
107 LONG BEACH BLVD.

LONG BEACH, CA 90802

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.

No Closed Session; the Regular Session begins at 7:00 p.m.

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.

PUBLIC COMMENTS:

Members of the public may provide comments in-person and remotely during the meeting. Instructions for in-person and remote participation are provided below. To help ensure a smooth and timely meeting process, members of the public are encouraged to review the applicable instructions before requesting to speak.

In-Person Speakers: For those wishing to speak during the Public Comment period(s) or public hearing(s) of a City Council meeting, you may complete a speaker card and submit it to City Clerk staff prior to the applicable Public Comment or Public Hearing item. Speaker cards are available at the front of the Council Chambers and will be numbered and called in the order received.

Remote Speakers: Pre-registration is required to provide public comment remotely. You may register using the electronic speaker registration form at mymontebellomeetings.com. If you need help registering, call (323) 887-1359 before the meeting begins.

When registering, select the agenda item you wish to speak on or select Public Comments on Non-Agenda Items. After registration is submitted, you will receive an email with the telephone number, meeting code, and instructions for joining the speaker queue. Important: The phone number you enter on the registration form must match the phone number you use to call into the meeting. If the numbers do not match, you may not appear in the speaker queue.

How to Request to Speak Remotely:

1. Go to mymontebellomeetings.com

2. Click the Register button below the upcoming meeting.

3. Complete the speaker registration form.

4. Select Virtually.

5. Select the agenda item you want to speak on or choose Public Comments on Non-Agenda Items.

6. Submit your form. You’ll receive confirmation with meeting instructions and next steps.

7. Please use the phone number and meeting code provided in the email, call into the meeting, and join the speaker queue.

8. If you select multiple items, you may remain connected to the meeting. You do not need to hang up and dial back in.

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, regardless of attendance format. 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.

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 - 7:00 P.M.

ROLL CALL

CLOSED SESSION - NONE
REGULAR SESSION - 7:00 P.M.

INVOCATION

PLEDGE OF ALLEGIANCE

CORRECTIONS TO THE AGENDA - CITY MANAGER

CEREMONIAL ITEMS/PRESENTATIONS

1. PROCLAMATION FOR NATIONAL BREAST CANCER AWARENESS MONTH

2. PROCLAMATION FOR METASTATIC BREAST CANCER AWARENESS DAY — OCTOBER 13

3. PROCLAMATION FOR NATIONAL BULLYING PREVENTION MONTH

4. PROCLAMATION FOR DOMESTIC VIOLENCE AWARENESS MONTH

5. SCHURR HIGH SCHOOL BASEBALL TEAM RECOGNITION

6. PRESENTATION BY FIRE DEPARTMENT
PUBLIC COMMENTS ON NON-AGENDA ITEMS (30 MINUTES)
At this time, the public may submit speaker card(s) to the City Clerk staff, for both agenda and non-agenda items, prior to the beginning of this statement; Public Hearing items do not require a speaker card.

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

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

STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST

PUBLIC HEARING

7. INTRODUCE AND WAIVE FIRST READING OF ORDINANCE NOS. 2492, 2493, 2494, AND 2497, AMENDING PROVISIONS OF TITLE 17 (ZONING) OF THE CITY OF MONTEBELLO MUNICIPAL CODE, RELATED TO

ACCESSORY DWELLING UNIT (ADU) AND JUNIOR ACCESSORY DWELLING UNIT (JADU)

DEVELOPMENT STANDARDS, IMPLEMENTATION OF THE STATE'S UPDATED MODEL WATER

EFFICIENT LANDSCAPE ORDINANCE (MWELO), ESTABLISHMENT OF A CITYWIDE PROHIBITION ON

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ARTIFICIAL INTELLIGENCE (AI) DATA CENTERS, AND REVISIONS TO ZONING DEFINITIONS RECOMMENDATION: It is recommended that the City Council:

1. Introduce and waive first reading of Ordinance No. 2493, amending Chapter 17.10 titled Residential Zones Generally of the Montebello Municipal Code (“MMC”) to update the development standards for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) in all single family and multi-family residential zones, consistent with State law; and

2. Introduce and waive first reading of Ordinance No. 2494, amending Chapter 17.65 titled Water Conservation in Landscaping Regulations, to incorporate and implement the updated provisions and standards of the State’s Model Water Efficient Landscape Ordinance (“MWELO”), consistent with State regulations; and

3. Introduce and waive first reading of Ordinance No. 2497, amending Appendix A – Index of Primary Uses within Title 17 - Zoning of the MMC to establish a classification for Artificial Intelligence (“AI”) Data Centers, prohibit AI Data Centers within all zoning districts, and correct minor typographical errors in the footnotes to Appendix A; and

4. Introduce and waive first reading of Ordinance No. 2492, amending Chapter 17.08 titled Definitions of the MMC to establish new or amend the existing definitions for Accessory Dwelling Unit, Junior Accessory Dwelling Unit, and Artificial Intelligence (AI) Data Centers; and

5. Determine and find that the proposed Text Code Amendments to Title 17 of the MMC do not constitute a “project” under CEQA Guidelines Section 15378 in that there is no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The Text Code Amendments would also be exempt under the commonsense exemption pursuant to CEQA Guidelines Section 15061(b)(3). The CEQA commonsense exemption section states that “CEQA applies only to projects which have the potential for causing a significant effect on the environment” and also states that “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and

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

REGULAR BUSINESS

8. RESOLUTION NO. 26-70 DESIGNATING W. VICTORIA AVENUE FROM MORRIS PLACE TO N. WILCOX

AVENUE A PREFERENTIAL PARKING DISTRICT
RECOMMENDATION: It is recommended that the City Council:

1. Staff recommend the City Council adopt Resolution No. 26-70 establishing W. Victoria Avenue from Morris Place to N. Wilcox Avenue as a Preferential Parking District; and

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

9. AWARD CONSTRUCTION AGREEMENT NO. 4663 FOR PAVING THE WAY WHITTIER BOULEVARD (CAPITAL PROJECT NO. 889)
RECOMMENDATION: It is recommended that the City Council:

1. Award Agreement No. 4663 to Onyx Paving Co, Inc. for the Paving the Way Whittier Boulevard Project (CP 889) as the lowest, most responsive and responsible bidder in the amount of Three Million, Three Hundred Thirty-Three Thousand Dollars ($3,333,000) payable from Paving the Way — Proposition C bond funds; and

2. Approve a ten percent (10%) construction contingency of $333,300; and

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

4. Authorize the City Manager to execute the Agreement (attached hereto in substantial form) and all applicable change orders in good faith; and

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

10. APPROVE THE PURCHASE OF THREE PIERCE ENFORCER FIRE ENGINES FROM SOUTH COAST FIRE EQUIPMENT, INC.AND ADOPT RESOLUTION NO. 26-72

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RECOMMENDATION: It is recommended that the City Council:

1. Approve the purchase of three Pierce Enforcer fire engines from South Coast Fire Equipment, Inc. in an amount not to exceed $4,847,915; and

2. Authorize the City Manager, or designee, to increase the purchase and financing authority by up to 10 percent to accommodate order changes or modifications, unforeseen expenses, changes in applicable tax rates, and final financing rates and costs; and

3. Adopt Resolution No. 26-72, authorizing the execution and delivery of a Master Lease-Purchase Agreement and related financing documents necessary to finance the acquisition; and

4. Authorize the City Manager, or designee, to execute any documents necessary to complete the purchase and financing; and

5. 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.

11. AMEND THE FISCAL YEAR 2026-27 CAPITAL IMPROVEMENT PROGRAM BUDGET TO APPROPRIATE

CARRYOVER FUNDS FOR VARIOUS PROJECTS
RECOMMENDATION: It is recommended that the City Council:

1. Amend the adopted Fiscal Year 2026-27 budget by increasing appropriations in the various accounts as detailed in Attachment A, Capital Improvement Program; and

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

12. ADOPT RESOLUTION NO. 26-71 AUTHORIZING SUBMISSION OF AN APPLICATION TO CALRECYCLE’S TIRE-DERIVED AGGREGATE GRANT AS PART OF CP-901, BLUFF ROAD SLOPE STABILIZATION STORM

DRAIN IMPROVEMENTS
RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 26-71 authorizing staff to submit an application to the California Department of Resources Recycling and Recovery (CalRecycle) for the Tire-Derived Aggregate (TDA) Grant Program for Fiscal Year 2026–27; and

2. Authorize the City Manager to sign and execute all applicable documents associated with the submittal process; and

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

13. APPROVE ISSUING REQUEST FOR PROPOSALS (RFP) NO. 27-02 FOR CITYWIDE JANITORIAL SUPPLIES RECOMMENDATION: It is recommended that the City Council:

1. Approve issuing Request for Proposals (RFP) No. 27-02 for the purchase and delivery of janitorial supplies and related products; and

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

14. ACCEPTANCE OF FISCAL YEAR 2026 COPS TECHNOLOGY AND EQUIPMENT GRANT (TEP) PROGRAM

AWARD AND APPROPRIATION OF GRANT FUNDS
RECOMMENDATION: It is recommended that the City Council:

1. Accept funding awarded to the City of Montebello by the U.S. Department of Justice (DOJ), Office of Community Oriented Policing Services (COPS), FY 2026 COPS Technology and Equipment Implementation Projects, Grant Award Number 15JCOPS-26-GG-0321-TECP, in the amount of $1,039.000; and

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2. Amend the Fiscal Year 2026-27 budget and increase appropriations by $1,039.000 in Account Nos. 265- 80-834-6010.10 (Grants, Police, COPS Technology Equipment Program, Machinery and Equipment [Expenditures]) and 265-99-4198.25 (Grants, Non-Departmental Misc. Grants-COPS Technology Equipment Program [Revenue]; and

3. Take such additional related action that may be desirable

15. ACCEPTANCE OF CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS), SELECTIVE TRAFFIC

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

1. Approve the use of grant funding awarded by the California Office of Traffic and Safety (OTS) through the Selective Traffic Enforcement Program (STEP), Grant number PT27101, in the amount of $99,000; and

2. Amend the Fiscal Year 2026-27 budget and increase appropriations by $99,000 in Account No. 265- 8013-800-5010.10, 6000.20 and 6020, (Grants, OTS-STEP, PD Administration, Overtime, Supplies and Travel and Meetings), and $99,0000 in Account No. 265-99-4198.97 (Grants, OTS Grants [Revenue]); and,

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

16. APPROVE PROFESSIONAL SERVICES AGREEMENT, NO. 4641 WITH USI INSURANCE SERVICES LLC

FOR EMPLOYEE ANCILLARY BENEFITS INSURANCE BROKER SERVICES RECOMMENDATION: It is recommended that the City Council:

1. Approve Professional Services Agreement, No. 4641 with USI Insurance Services LLC to provide Employee Ancillary Benefits Insurance Broker Services, for a three-year (3-year) term with the option for renewal of up to two (2) additional one-year (1-year) terms, for an initial total not-to-exceed amount of One Hundred and Eighty Thousand Dollars ($180,000) for the three-year term with each additional renewal year at a fixed annual fee of $62,500, for a total potential contract amount of $305,000 over five years; and

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

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

17. PAYMENT OF BILLS: ADOPT RESOLUTION NO. 26-73 APPROVING THE CITY WARRANT REGISTER OF DEMANDS DATED OCTOBER 14, 2026
RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 26-73 approving the Warrant Register dated October 14, 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.
• Ric Alonzo, Councilmember
• Danielle Romero, Mayor Pro Tem
• Scarlet Peralta, Councilmember

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• Salvador Melendez, Councilmember
• Georgina Tamayo, Mayor

CLOSED SESSION - CONTINUED

ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on October 28, 2026, at 6:00 p.m., which can be livestreamed at https://www.montebelloca.gov (Click on Live Stream).

I, Kimberly Guillen, Director of City Clerk Services for the City of Montebello, hereby certify that a copy of this agenda has been posted on or before Sunday, October 11, 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 # 7

CITY OF MONTEBELLO

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

BY: Joseph Palombi, Director of Planning & Community Development SUBJECT: INTRODUCE AND WAIVE FIRST READING OF ORDINANCE NOS. 2492, 2493, 2494, AND 2497, AMENDING PROVISIONS OF TITLE 17 (ZONING) OF THE CITY OF MONTEBELLO MUNICIPAL CODE,

RELATED TO ACCESSORY DWELLING UNIT (ADU) AND JUNIOR

ACCESSORY DWELLING UNIT (JADU) DEVELOPMENT STANDARDS,

IMPLEMENTATION OF THE STATE'S UPDATED MODEL WATER

EFFICIENT LANDSCAPE ORDINANCE (MWELO), ESTABLISHMENT

OF A CITYWIDE PROHIBITION ON ARTIFICIAL INTELLIGENCE (AI)

DATA CENTERS, AND REVISIONS TO ZONING DEFINITIONS
DATE: October 14, 2026
RECOMMENDATIONS:

It is recommended that the City Council:

4. Introduce and waive first reading of Ordinance No. 2492, amending Chapter 17.08 titled Definitions of the MMC to establish new or amend the existing definitions for

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Accessory Dwelling Unit, Junior Accessory Dwelling Unit, and Artificial Intelligence (AI) Data Centers; and

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

FISCAL IMPACT:

None.

BACKGROUND/DISCUSSION:

The Planning Division periodically reviews the City’s Zoning Code to ensure consistency with State law, implement best planning practices, and address emerging land use issues. Previous changes in State legislation affecting accessory dwelling units and landscape water conservation require local agencies to update their municipal codes.

Additionally, advances in artificial intelligence technologies have resulted in increasing demand for large-scale computing facilities commonly referred to as AI Data Centers.

These facilities typically require substantial electrical infrastructure, extensive cooling systems, and significant utility resources.

The proposed text code amendments update several sections of Title 17 – Zoning of the Montebello Municipal Code. In order to maintain consistency with current State law, modernize local development regulations, improve water conservation standards, and establish a local policy prohibiting AI Data Centers, City staff is proposing amendments to the MMC as outlined below.

1. Chapter 17.10 - Residential Zones Generally: Amend Section 17.10.280 titled Design and development standards for accessory dwelling units, updating the standards for the development of ADUs and JADUs in residential zoning districts.

The purpose of the amendment is to align the City’s ADU and JADU development standards with current State law, clarify application and review procedures, provide clear design and development standards, and facilitate additional housing opportunities within existing residential neighborhoods.

2. Chapter 17.65 – Water Conservation in Landscaping Regulations: Amend Chapter 17.65 titled Water Conservation in Landscaping Regulations to

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incorporate and implement the updated provisions and standards of the State of California Model Water Efficient Landscape Ordinance (“MWELO”) consistent with the California Department of Water Resources. This amendment would update the City’s existing landscaping regulations to reflect current State water efficiency standards, promote the efficient use and conservation of water resources, establish updated landscape design and irrigation requirements, and ensure consistency with applicable State law and regulations.

3. Title 17 – Zoning (Appendix A – Index of Primary Uses): Amend the MMC’s Appendix A - Index of Primary Uses to establish a classification for Artificial Intelligence Data Centers, prohibit Artificial Intelligence Data Center facilities within all zoning districts, and correct minor typographical errors in the footnotes to Appendix A. The purpose of this amendment is to establish clear and consistent land use regulations and protect the City’s land use compatibility, infrastructure capacity, environmental quality, and overall community character.

4. Chapter 17.08 - Definitions: Amend Section 17.08.022 titled Accessory Dwelling Unit to update the definition for Accessory Dwelling Unit and establish a new definition for Junior Accessory Dwelling Unit, as well as add Section 17.08.081 to establish a definition for Artificial Intelligence (AI) Data Centers. This amendment would update the Municipal Code’s definitions to align with current State law and establish a clear definition of Artificial Intelligence (AI) Data Centers for purposes of the City’s land use and zoning regulations.

On September 15, 2026, the Planning Commission held a duly noticed public hearing to consider the proposed text code amendments. Following the Planning Commission’s independent review, consideration, and analysis of the staff report and information presented, the Planning Commission unanimously voted to approve Resolution No. 17- 26, recommending that the City Council adopt Ordinance Nos. 2492, 2493, 2494, and 2497, amending various provisions of Title 17 of the Montebello Municipal Code.

Resolution No. 17-26 is attached hereto as Attachment E and incorporated herein by reference.

ENVIRONMENTAL:

Pursuant to the provisions of the California Environmental Quality Act (“CEQA”), the proposed Text Amendments to Title 17 of the MMC do not have the potential to degrade the quality of the environment or have a significant effect on the environment. Actions proposed in the Text Amendments do not constitute a “project” under CEQA Guidelines Section 15378 in that there is no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. The Text Amendments would also be exempt under the commonsense exemption pursuant to CEQA Guidelines Section 15061(b)(3). The CEQA commonsense exemption section states that “CEQA applies only to projects which have the potential for causing a significant effect on the environment” and also states that “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.”

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ANALYSIS:

Collectively, the proposed zoning text amendments are intended to update Title 17 (Zoning) of the MMC to modernize the City’s development regulations while supporting implementation of the City’s General Plan and maintaining compliance with State law.

These amendments are described in greater detail below.

ADU AND JADU DEVELOPMENT STANDARDS (Attachment A)
In response to California’s ongoing housing shortage, the California State Legislative has enacted several laws since 2016 to reduce barriers to the construction of ADUs. These laws, originally codified under Government Code Section 65852.2 and related statutes and subsequently repealed and recodified under Government Code Section 66310 et seq., were intended to promote infill development, provide homeowners with additional housing opportunities, reduce governmental and regulatory barriers to the construction of ADUs and JADUs, and facilitate their development throughout the State.

Accessory Dwelling Units are independent residential dwelling units located on the same lot as an existing or proposed primary residence. ADUs may be attached to the primary dwelling, constructed as a detached structure, or created through the conversion of existing habitable or non-habitable space within a primary residence or accessory structure. A Junior Accessory Dwelling Unit is a smaller, self-contained residential unit created entirely within the existing or proposed footprint of a single-family residence and is subject to the requirements established under State law.

The City of Montebello previously adopted local regulations to comply with earlier State legislation governing ADUs and JADUs. Since that time, the Legislature has continued to amend the Government Code to further streamline the approval process, establish uniform development standards, and limit the ability of local agencies to impose standards that could unreasonably constrain the development of ADUs.

To maintain consistency with current State law, staff is proposing amendments to Section

17.10.280 titled Design and Development Standards for Accessory Dwelling Units of the Montebello Municipal Code. The proposed amendments update the City's development standards and approval procedures to reflect the latest statutory requirements while providing clear and objective standards for property owners, applicants, and staff.

Consistent with the goals and policies of the Montebello General Plan and applicable State law, the proposed amendments establish a flexible regulatory framework that supports the development of ADUs and JADUs, expands housing opportunities within existing residential neighborhoods, and ensures that new units are compatible with surrounding development through clear and objective design and development standards.

The proposed amendments to Section 17.10.280 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).

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MODEL WATER EFFICIENT LANDSCAPE STANDARDS (Attachment B) Chapter 1145 of the 1990 Statutes of California enacted the Water Conservations in Landscaping Act, which required the Department of Water Resources to develop the State’s first Model Water Efficient Landscape Ordinance (“MWELO”) to promote efficient water use and improve drought resilience in California. MWELO provides a standard for the design, installation, management, and maintenance of landscapes to use water efficiently without water waste. The MWELO was adopted and went into effect January 1, 1993, and required all local agencies to adopt the MWELO or a water efficient landscape ordinance as efficient as the MWELO.

On April 1, 2015, the Governor issued Executive Order B-29-15 directing the Department of Water Resources to update the State’s Model Water Efficient Landscape Ordinance to increase water efficiency standards for new and rehabilitated landscapes.

The California Department of Water Resources (DWR) subsequently revised MWELO, establishing more stringent requirements for landscape design, irrigation efficiency, and water budgets. Pursuant to Government Code Section 65595, local agencies are required to adopt the updated MWELO or make findings that their local ordinance is at least as effective as the State model.

The City of Montebello currently regulates water conservation through Chapter 17.65 (Water Conservation in Landscaping Regulations) of the Municipal Code. While existing regulations promote water-efficient landscaping practices, amendments are necessary to ensure full consistency with current State MWELO standards and Executive Order B29-15.

The proposed zoning text code amendment would amend Chapter 17.65 (Water Conservation in Landscaping Regulations) of the MMC to adopt, in its entirety, the California Model Water Efficient Landscape Ordinance, as set forth by the California Department of Water Resources, as amended from time to time. Adopting MWELO by reference provides a comprehensive and uniform regulatory framework that aligns local development standards with State law while reducing the need for duplicative or inconsistent municipal regulations.

MWELO establishes statewide requirements for water-efficient landscaping in new development and rehabilitated landscape areas. Adoption of MWELO supports the City’s efforts to reduce potable water use, improve environmental sustainability, and comply with State law related to water conservation and climate adaptation. The ordinance facilitates efficient project review by providing standardized submittal and compliance procedures while promoting high-quality landscape design that is responsive to local climate conditions.

In accordance with the California Code of Regulations, the provisions of MWELO shall apply to all of the following:

1. New construction projects with a landscape area equal to or greater than five hundred

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(500) square feet requiring a building or landscape permit, plan check, or design review;

2. Rehabilitated landscape projects with a landscape area equal to or greater than two thousand five hundred (2,500) square feet requiring a building or landscape permit, plan check, or design review;

3. Existing non-rehabilitated landscapes to the extent regulated by applicable provisions of MWELO; or

4. New, existing, and rehabilitated cemeteries to the extent regulated by applicable provisions of MWELO.
(a) Any project with a landscape area as defined in Section 490.2(a)(41) of 2,500 square feet or less may comply with either the performance requirements of this model ordinance, described in Section 493, or conform to the prescriptive measures contained in Section 492.
(b) This model ordinance does not apply to:

1. registered local, state, or federal historical sites;

2. ecological restoration projects that do not require a permanent irrigation system;

3. mined-land reclamation projects that do not require a permanent irrigation system; or

4. existing plant collections, as part of botanical gardens and arboretums open to the public.

The proposed amendments to Chapter 17.65 are set forth in Attachment B, attached hereto and incorporated by reference, and would establish the State ordinance as the governing standard for landscape and irrigation requirements within the City of Montebello. New text is shown in underline (example) and deleted text shown in strikeout (example).

ARTIFICIAL INTELLIGENCE DATA CENTERS (Attachment C)
Recent advances in Artificial Intelligence (AI), cloud computing, and digital infrastructure have increased demand for data centers to support AI model training, cloud computing, and real-time data processing. Pursuant to California Senate Bill 57, a data center is defined as a large-scale, high-energy-consuming facility that requires uninterruptible power to house servers, network equipment, and software for the storage, processing, and distribution of data. These facilities are increasingly viewed as major energy infrastructure, often requiring high-density, secure environments. These facilities are associated with intensive electrical consumption, significant cooling and water demands, continuous operational noise, and potential land use incompatibilities when located near sensitive receptors such as residential neighborhoods, schools, and hospitals.

Across California and the nation, local governments are increasingly confronted with proposals for AI data centers that were not contemplated under existing zoning frameworks. According to Data Center Map, an online directory and research tool

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designed to map, locate, and provide information on data centers worldwide, there are approximately 72 data center facilities located within the Los Angeles region.

Many existing data centers can support AI-related workloads, and the rapid growth of AI technologies has resulted in increased interest in building facilities in the region. The mapped facilities are not limited to artificial intelligence only, but many can support AIrelated workloads.

In many jurisdictions, these facilities have resulted in:
• Strain on local electrical grids and water supplies;
• Increased greenhouse gas emissions and heat generation; • Noise and air quality impacts from backup generators and cooling systems; and
• Conflicts with surrounding land uses.

Title 17 of the Montebello Municipal Code does not currently contain specific definitions, use classifications, or development standards that directly address AI Data Centers or other similarly intensive computing facilities. As a result, the existing zoning regulations do not specifically contemplate the unique operational characteristics and infrastructure demands associated with these facilities, nor do they provide a clear regulatory framework for determining where such uses may be appropriately located within the City.

The City Council has been considering the potential land use, infrastructure, and community impacts associated with data centers. In response to these emerging land use concerns and the need to further evaluate appropriate regulations, on February 11, 2026, the City Council adopted an interim urgency ordinance (Urgency Ordinance No. 2491) temporarily prohibiting or restricting the establishment, expansion, or intensification of AI Data Centers within the City while the City undertook a broader review of potential long-term policies and regulations. The interim ordinance was adopted as a temporary measure to preserve the status quo and provide the City with sufficient time to study the potential impacts of these uses and consider appropriate permanent zoning regulations.

AI Data Centers represent an emerging land use that may have operational and infrastructure characteristics that differ substantially from those associated with conventional commercial, industrial, or technology-related uses. Although the physical appearance of an AI Data Center may be similar to other large-scale industrial or commercial buildings, the intensity and nature of its operations can result in unique land use considerations. These facilities may operate continuously, including 24 hours per day and seven days per week, and may accommodate large quantities of high-performance computing equipment that require substantial electrical power and continuous cooling.

The infrastructure needs and operational characteristics of AI Data Centers are important considerations when evaluating land use compatibility. The City’s zoning regulations are intended to ensure that development is compatible with surrounding properties, available

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infrastructure, and the City’s long-term planning goals. However, because Title 17 does not currently have specific regulations for AI Data Centers, the existing use classifications may not adequately address the intensity and potential impacts of these facilities.

Accordingly, amendments to Title 17 are proposed to establish a clear regulatory framework for AI Data Centers. As part of these amendments, staff proposes to establish a specific definition for AI Data Centers within the Municipal Code and identify the use separately within the City's Appendix A - Index of Primary Uses. The proposed amendments also include corrections to minor typographical errors in the footnotes to Appendix A.

Additionally, given the potential for significant local impacts associated with AI Data Centers, including substantial energy and water consumption, demands on utility infrastructure, continuous operations, cooling and mechanical equipment, emergency power generation, noise, emissions, and potential land use compatibility concerns, City staff is proposing that AI Data Center facilities be prohibited within all zoning districts.

This approach would provide a clear and consistent citywide land use standard and would prevent the establishment of AI Data Centers in locations where the City's existing zoning framework and infrastructure may not be adequately equipped to accommodate the unique characteristics of these facilities.

The proposed amendments to the Appendix A - Index of Primary Uses is 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).

NEW AND AMENDED DEFINITIONS (Attachment D)
In alignment with the proposed zoning text amendments, City staff is proposing to amend Section 17.08.022, titled “Accessory Dwelling Unit,” to update the definitions of an Accessory Dwelling Unit (ADU) and establish a definition for Junior Accessory Dwelling Unit (JADU), as well as add Section 17.08.081 to establish a definition for Artificial Intelligence (AI) Data Centers.

Section 17.08.022 of the Montebello Municipal Code currently contains an outdated definition of an Accessory Dwelling Unit that does not fully reflect the terminology and requirements established under current California State law. As State law governing ADUs continues to evolve, local jurisdictions are required to maintain regulations that are consistent with applicable State requirements. The proposed amendment would update the existing ADU definition to reflect the current State definition, providing greater consistency between the City’s Municipal Code and State law. In addition, the proposed amendment would establish a definition for a Junior Accessory Dwelling Unit. Although JADUs are a distinct type of residential unit recognized under State law, the City’s Municipal Code does not currently provide a corresponding definition. Adding a JADU definition would provide greater clarity regarding the type of unit, its relationship to the primary dwelling, and how it is distinguished from a conventional ADU. These amendments would help ensure that the City’s regulations are current, internally consistent, and aligned with applicable State requirements.

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Furthermore, Artificial Intelligence Data Centers are not currently defined within the City’s Municipal Code. The absence of a specific definition may create uncertainty regarding how facilities that support artificial intelligence computing and related data-processing operations should be classified and regulated under the City’s zoning regulations. AI Data Centers may involve specialized buildings, high-density computing equipment, cooling systems, electrical infrastructure, and other facilities necessary to support intensive data processing and computational activities. Establishing a specific definition would provide a clear and consistent basis for identifying facilities that fall within this use category and distinguishing them from other types of data centers or technology-related uses.

Accordingly, City staff is proposing to add Section 17.08.081 to the Montebello Municipal Code to establish a definition for Artificial Intelligence Data Centers. The proposed definition would provide greater clarity for property owners, applicants, City staff, and decision-makers when determining whether a proposed facility constitutes an AI Data Center under the City’s zoning regulations.

The proposed amendments to Chapter 17.08 establishing definitions for ADUs, JADUs, and AI Data Centers are set forth in Attachment D, which is attached hereto and incorporated herein by reference, with new text shown in underline (example) and deleting the text shown in strikeout (example).

GENERAL PLAN CONSISTENCY
The proposed Zoning Code amendments are consistent with and support the goals, policies, and objectives of the City of Montebello 2040 General Plan. Collectively, the proposed amendments implement the General Plan by promoting housing opportunities, supporting efficient use of water resources, protecting established neighborhoods and land use patterns, and ensuring that future development is compatible with the City’s long-term planning goals.

The General Plan’s “Our Well-Planned Community” chapter establishes policies intended to guide orderly and sustainable development while maintaining the character of Montebello’s established neighborhoods and supporting appropriate opportunities for growth. Specifically, Policies P3.3, P3.5, and P3.6 support the development of Accessory Dwelling Units as a means of providing additional housing opportunities, including more affordable housing options for individuals, seniors, and other households, while increasing residential capacity without significantly altering the existing character and development pattern of established neighborhoods.

Additionally, this chapter also supports the revitalization of established neighborhoods and corridors and encourages the preservation and enhancement of the City’s industrial areas while retaining and expanding existing businesses. These policies recognize the importance of maintaining a balanced land use pattern that supports economic activity while ensuring that development remains compatible with surrounding uses.

The proposed amendments are also consistent with the General Plan’s “Our Natural Community” chapter. Specifically, Policy P1.7 emphasizes the City’s commitment to protecting, conserving, and replenishing existing and future water resources. The

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proposed incorporation of the updated provisions and standards of the State’s Model Water Efficient Landscape Ordinance (MWELO) directly supports this policy by promoting water-efficient landscaping practices and reducing unnecessary water consumption associated with landscaped areas. Updating the City’s Zoning Code to reflect the current State requirements will ensure that applicable new development and landscape improvements are subject to current water-efficiency standards and further the City’s efforts to conserve and responsibly manage its water resources.

The proposed prohibition of AI Data Centers also supports the General Plan’s water conservation objectives. In addition to their significant energy requirements, certain AI Data Centers may require substantial amounts of water for cooling and other operational needs. By preventing the establishment of these facilities within the City, the proposed amendment would avoid introducing a land use with potentially significant water demands and would further support the City’s commitment to protecting and conserving its existing and future water resources.

Collectively, the proposed text code amendments implement and advance the goals and policies of the Montebello 2040 General Plan. The ADU amendments support additional housing opportunities and appropriate residential infill while maintaining established neighborhood character; the MWELO amendments promote water conservation and efficient use of natural resources; and the citywide prohibition of AI Data Centers provides greater land use certainty and helps ensure that development remains compatible with the City’s infrastructure, neighborhoods, economic areas, and environmental objectives.

The following General Plan goals and policies apply to the proposed Text Code Amendments within Title 17 of the Montebello Municipal Code:

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

General Plan “Our Well-Planned Community” Element policy 3 (P3.5) “Retrofit suburban development.”
General Plan “Our Well-Planned Community” Element policy 3 (P3.6) “Preserve and enhance the industrial district while retaining and expanding existing businesses.” General Plan “Our Natural Community” Element policy 1 (P1.7) “Montebello will protect, conserve, and replenish existing and future water resources.” SUMMARY:

The proposed text amendments are consistent with and support the Montebello 2040 General Plan and the City’s Zoning Code by advancing the City’s adopted goals, policies, and vision for future growth and development. The amendments establish regulations that are responsive to current State requirements and emerging land use considerations while maintaining consistency with the General Plan’s overall framework for orderly, compatible, and sustainable development. Therefore, Staff recommends that the City Council introduce and waive first reading of Ordinance Nos. 2492, 2493, 2494, and 2497,

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amending provisions of Title 17 of the Montebello Municipal Code.

The proposed text amendments include updating the development standards for Accessory Dwelling Units and Junior Accessory Dwelling Units in all single-family and multi-family residential zones to ensure consistency with applicable State law; incorporating and implementing the updated provisions and standards of the State’s Model Water Efficient Landscape Ordinance (MWELO), consistent with State regulations; prohibiting Artificial Intelligence (AI) Data Centers within all zoning districts; and updating and establishing definitions for land uses addressed by the proposed amendments to provide greater clarity and consistency within the Montebello Municipal Code.

Collectively, these amendments are intended to ensure that the City’s Zoning Code remains current, clear, and consistent with State requirements while addressing emerging land use considerations and supporting the goals and policies of the Montebello 2040 General Plan.

ATTACHMENT(S)

1. Attachment A. Ordinance 2493_ADU and JADU Standards

2. Attachment B. Ordinance 2494__MWELO Standards

3. Attachment C. Ordinance 2497_AI Data Center Citywide Prohibition

4. Attachment D. Ordinance 2492 _New and Amended Definitions

5. Attachment E. Planning Commission Resolution No. 17-26

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ATTACHMENT A
ORDINANCE NO. 2493

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MONTEBELLO, CALIFORNIA, AMENDING CHAPTER 17.10 -
“RESIDENTIAL ZONES GENERALLY,” OF TITLE 17 - “ZONING,” OF THE MONTEBELLO MUNICIPAL CODE TO UPDATE THE CITY’S

ACCESSORY DWELLING UNIT (ADU) AND JUNIOR ACCESSORY

DWELLING UNIT (JADU) REGULATIONS CONSISTENT WITH STATE
LAW
WHEREAS, the City of Montebello (“City”) is a California general law city, constitutionally vested with the power to make and enforce local laws and ordinances necessary to protect the general health, safety, and welfare of its residents, including comprehensive zoning and land use regulations, to the extent such regulations are not preempted by the State’s general laws; and
WHEREAS, consistent with such authority, the City enacted the Montebello Municipal Code (“MMC”) and Montebello Zoning Code (Title 17 of the MMC, herein after “Zoning Code”) which divides the City into separate zoning districts, and provides land use and development regulations for each of the districts, including regulations pertaining to accessory dwelling units (“ADU”), efficiency units, and second dwelling units (hereinafter the “City’s ADU Regulations”), as defined in the Zoning Code; and WHEREAS, California has experienced a significant and ongoing shortage of housing. In response, the California State Legislature has enacted a series of laws since 2016. These laws, originally codified under Government Code Section 65852.2 and related statutes and subsequently repealed and recodified under Government Code Section 66310 et seq., were intended to promote infill development, provide homeowners with additional housing opportunities, reduce governmental and regulatory barriers to the construction of ADUs and JADUs, and facilitate their development throughout the State; and
WHEREAS, in response to amendments to ADU regulations, the City passed, approved an adopted Interim Ordinance No. 2406 on September 26, 2018, establishing a 45-day moratorium on new ADUs and then passed, approved and adopted Ordinance No. 2415 on August 29, 2019, extending Interim Ordinance No. 2406 to allow City staff to study the potential impacts of the State-mandated standards on the City’s land use, public services, parking, traffic, and infrastructure; and

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WHEREAS, Ordinance No. 2415 was meant to be an interim ordinance for the immediate preservation of the public peace, health and safety, within the meaning of Government Code Section 65858 and 36937(b),
WHEREAS, on October 9, 2019, Governor Gavin Newsom signed Senate Bill (“SB”) 13, Assembly Bill (“AB”) 68, and AB 881 into law, amending once again the Government Code sections 65852.2 and 65852.22, and adding Health and Safety Code section 17980.12 thereby enacting new Statewide requirements for ADUs and Junior ADUs (collectively the “ADU Bills”); and

WHEREAS, the ADU Bills became effective on January 1, 2020, preempting and invalidating local ordinances regulating ADUs, including certain existing provisions of the MMC and Zoning Code; and
WHEREAS, on September 28, 2022, Government Code section 65852.2 was amended to allow detached ADUs in more settings, set clear timelines and restricted local agencies ability to impose certain zoning restrictions; and WHEREAS, on September 19, 2024, SB (1211) amended Government Code section 6613, 6614, and 66323 allowed up to 8 detached ADUs for multi-family lots; and WHEREAS, the City Council recognizes that maintaining local regulations that are consistent with current State law is necessary to provide property owners, applicants, design professionals, developers, and City staff with clear and objective requirements governing the review and development of ADUs and JADUs; and WHEREAS, although Chapter 17.10 of the Municipal Code establishes regulations governing ADUs, amendments to Section 17.10.280 are necessary to update the City’s regulations and ensure that they adequately incorporate and implement the current statutory requirements and development standards applicable to ADUs and JADUs under California law; and
WHEREAS, the proposed amendments to Section 17.10.280 are intended to align the City’s ADU and JADU regulations with current State law, clarify applicable application and review procedures, establish clear and objective design and development standards, and facilitate the development of additional housing opportunities within existing residential neighborhoods; and

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WHEREAS, the proposed amendments establish a regulatory framework that recognizes the Legislature’s intent to facilitate the development of ADUs and JADUs while allowing the City, to the extent authorized by State law, to establish objective standards addressing neighborhood compatibility, building design, setbacks, height, utilities, and other appropriate development considerations; and
WHEREAS, the City Council finds that ADUs and JADUs can provide additional housing opportunities within established residential neighborhoods without requiring the development of entirely new subdivisions or substantial extensions of existing infrastructure, thereby supporting efficient infill development and the productive use of existing residential properties; and
WHEREAS, the City Council finds that the proposed amendments are consistent with the goals, policies, and objectives of the City’s General Plan, including policies that promote orderly and compatible residential development, efficient use of existing land and infrastructure, provision of adequate housing opportunities, and sustainable growth; and WHEREAS, the City Council finds that facilitating ADU and JADU development within existing residential neighborhoods supports the General Plan’s housing and landuse objectives by providing additional residential opportunities within areas already planned and developed for residential use; and
WHEREAS, the City Council of the City finds and declares that the adoption of this Ordinance is necessary and appropriate to address significant governmental interests, and to address foreseeable negative impacts associated with the unregulated development of ADUs in the City, including but not limited to, the regulation of ADUs based upon impacts on traffic flow and public safety, adequacy of sewer and water services, and ensuring compliance with the land use goals and objectives of the City’s General Plan; and
WHEREAS, the City Council has considered the proposed amendments to Section

17.10.280, the staff report, recommendations, testimony, evidence, and all other information presented at the duly noticed public hearing; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred, and the City Council duly considered all evidence presented in connection with its consideration of this Ordinance.

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

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

SECTION 2. AMENDMENTS. Section 17.10.280 of the Montebello Municipal Code is hereby amended and restated to read as follows (Deletions in strikethrough and additions in underline):

17.10.280 - Design and development standards for accessory dwelling units and junior accessory dwelling units.

A. Purpose. This section sets forth regulations for accessory dwelling units (“ADU”) and junior accessory dwelling units “(Junior ADU”), consistent with California Government Code sections 66310-66342, and to provide standards for the development of accessory dwelling units and junior accessory dwelling units. also known as "second dwelling units," in residential zoning districts consistent with state law (California Government Code Sections 65852.1 through 65852.2). The purpose of these regulations is to help expand affordable housing opportunities for low-income and moderate-income or elderly households by increasing the number of housing units available within existing neighborhoods while ensuring and maintaining healthy and safe residential living environments, including compatibility with surrounding uses and maintenance of the character of the neighborhood. Second dwelling units are intended to provide livable housing at lower cost while providing greater security, companionship and family support for the occupants.

B. Definitions. For purposes of this Section, the following meanings shall apply:
"Accessory dwelling unit" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one (1) or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following: (a) an efficiency unit; as defined in Section 17958.1 of the Health and Safety Code; or (b) a manufactured home, as defined in Section 18007 of the Health and Safety Code. An accessory dwelling unit may also be referred in this code as an “ADU.”
“Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.

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“Attached ADU” An ADU that is attached to, or located within, an existing or proposed single-unit or multi-unit dwelling, or an existing accessory structure attached to an existing or proposed multi-unit dwelling.
“Detached ADU” An ADU that is detached from the existing or proposed single-unit or multi-unit dwelling.
“Development fee” has the same meaning as an “impact fee” or “fee” as defined in subdivision (b) of Section 66000 of the Government Code, except that it also includes fees specified in Section 66477 of the Government Code. “Efficiency Dwelling Unit” A dwelling unit which contains a minimum of 150 square feet in living space, and a separate closet, kitchen skin, cooking appliance, refrigerator, and a separate bathroom containing a water closet, lavatory, bathtub, or shower set forth in Government §Section 66313 (a)(1); California Building Code section 1208.4.
“Junior accessory dwelling unit” means a dwelling unit that is no more than five hundred (500) square feet of interior livable space in size and contained entirely within a single-family residence. A junior accessory dwelling may include separate sanitation facilities, or may share sanitation facilities with the existing structure. A junior accessory dwelling unit may also be referred to in this code as a “Junior ADU.” A JADU shall comply with the requirements of Government Code Section 66333. “Living area” means the interior habitable area of a dwelling unit, including basement and attics, but does not include a garage or any accessory structure as set forth in Government Code § Section 66313 (f).
“Living space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation, as set forth in Government Code § 66313 (e).
“Major Transit Stop” means a site containing an existing rail or bus rapid transit station; a ferry terminal served by either a bus or rail transit service; or the intersection of two or more major bus routes with a frequency of service interval of 20 minutes or less during the morning and afternoon peak commute periods; and also includes major transit stops that are included in the applicable regional transportation plan, as set forth in Public Resources Code § 21155 and §21064.3. “Multifamily” dwelling means a building with two (2) or more attached dwelling units.

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“Local agency” means a city, county, or city and county, whether general law or chartered.
“Nonconforming zoning condition” means a physical improvement on a property that does not conform to current zoning standards.
“Objective standards” means standards that involve no personal or subjective judgment by a public official and are 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 prior to submittal. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit. “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts.
“Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting as set forth in Government Sectio 66313 (I).
“Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public as set forth in Government Section §66313 (m). “Tandem Parking” means that two (2) automobiles are parked on a driveway or in a any other permissible location on a lot, lined up behind one another, as set forth in Government Section Code § 66313 (n).

B Permitted by Right in R-2, R-3 and R-4 Zones with Compliance to Standards.

Second dwelling units shall be permitted as a matter of right, without any required discretionary review (conditional use permit) in the R-2, R-3 and R-4 zones within the city, provided that they comply with the residential development standards applicable to these zones.

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C. Permitted by Right in R-1 and R-A Zones with Compliance to Standards.

Second dwelling units shall be permitted as a matter of right, without any required discretionary review (conditional use permit), in conjunction with any existing single-family dwelling unit in the R-1 and R-A zones, provided any such second dwelling unit conform to the following standards:

C. Designated Areas: Single- or Multi-Family Zones. A second dwelling unit must be located on a lot that has only one single-family dwelling unit prior to construction of the second dwelling unit. The previously existing singlefamily dwelling shall be referred to herein as the "primary" dwelling unit.

The second dwelling unit must be clearly subordinated in size to the primary dwelling unit, and the second dwelling unit must be located on the same lot as the primary dwelling unit.
(a) ADUs. ADUs are allowed on lots zoned for single-family residential zones which contain, or are proposed to be developed, within a singlefamily dwelling or on lots zoned for multi-family residential or mixed-use residential use which contain, or are proposed to be developed, within a multi-family dwelling (R-A, Residential Agricultural Zone; R-1, SingleFamily Residential Zone; R-2, Two-Family Residential Zone; R-3, Multiple Family Residential Zone; or R-4, High-Density Residential Zone). Subject to standards outlined in this section, ADUs may be attached, detached, or located within an existing primary residence, or accessory structure. (b) Junior ADUs. Junior ADUs shall only be allowed on lots zoned for single-family residential use (R-A, Residential Agricultural Zone; R-1, Single-Family Residential Zone), and which are contained, or are proposed to be developed, within a single-family dwelling. (c) ADUs and Junior ADUs are only permitted on lots with an existing or proposed dwelling.
(d) One detached, new construction, accessory dwelling unit and one junior accessory dwelling unit per lot with a proposed or existing singleunit dwelling may be permitted. (e) Two detached accessory dwelling units per lot with proposed multi-unit dwelling, or up to eight detached accessory dwelling units per lot with an existing multi-dwelling unit, not to exceed the number of existing units on the lot.

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(f) At least one attached accessory dwelling unit, within the portions of an existing multi-unit dwelling that are not used as livable space, including but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with State building standards for dwellings. The total number of attached ADUs that mat be permitted shoal not exceed 25% of the existing multi-unit dwellings. (g) An ADU shall not be counted as a “unit” for density bonus purposes but shall be counted as a “unit” for purposes of compliance with State and law requirements.

2. The second dwelling unit is either attached to the existing primary dwelling unit and located within the living area of the existing dwelling unit or detached from the existing dwelling unit and located on the same lot as the existing dwelling.

3.1. No Minimum Lot Size Required An accessory dwelling unit may only be established on lots that have and maintain the minimum lot size and dimensions consistent with the existing general plan and zoning designations for the lot. An accessory dwelling unit is not permitted on substandard lots. There are no minimum lot size requirements for ADUs or Junior ADUs.

2. Height of Structure. ADUs may be two stories. The height limitation of sixteen (16) feet for detached ADUs Government Code § 66321. The height increases the maximum height limitation on a detached ADU to eighteen (18) feet if the ADU is “either within half-mile walking distance of a major transit stop or high-quality transit corridor” and provides for an additional two feet for roof pitch to align with the roof pitch of the primary dwelling.” Government code §66323 increases the height to eighteen (18) feet for a detached ADU that is on a lot with an existing or proposed multifamily, multistory dwelling.

Attached ADU Height Limitations. Maximum height may be 25 feet, or the existing primary dwelling height if lower than 25 feet.

Building Height. ADUs are subject to a height limit of two stories and 25 feet.

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4. The distance between a detached accessory dwelling unit and the primary dwelling unit shall be a minimum of ten feet. If the entrance of a detached accessory dwelling unit faces the rear of the primary dwelling, the accessory unit shall be separated by a minimum distance of twenty feet from the primary dwelling unit.

3. Distances and Setbacks.
(a) The distance between a detached ADU unit and the primary dwelling, or any other accessory building shall be a minimum of ten (10) feet or five (5) feet from any other accessory building with one-hour fire resistant construction throughout the ADU, measured from eave to eave.
(b) An attached ADU shall have exterior access from a proposed or existing single-unit dwelling.
(c) An existing living area or accessory structure, or a structure constructed in the same location and to the same dimensions as an existing structure, that is converted to an accessory dwelling unit may maintain the existing setback. An ADU that is not a conversion from an existing structure, or that is not a new structure constructed in the same location and to the same dimensions as an existing structure, shall maintain a minimum four-foot (4-foot) setback, including any eaves or overhangs; provided that all side and rear setbacks must be sufficient for fire and safety.
(d) When a staircase or landing is provided for a new or existing second story ADU, whether attached or detached to the primary dwelling unit, that staircase or landing must provide a minimum four-foot (4-foot) setback to the rear and side property line.
(e) A JADU shall comply with the requirements of Government Code Section 66333.
(f) An ADU proposed in front of the primary dwelling shall adhere to the front yard setbacks of the underlying zone.

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5.. Only one accessory dwelling unit shall be permitted per parcel or lot in conjunction with an existing single-family dwelling unit.

4. Number of Dwelling Units.
(a) Single-Family Zones. The number of ADUs or Junior ADUs allowed in a lot in a single-family zone shall be one (1) of each of the following options:
i. One (1) ADU may be located within the proposed space of a singlefamily dwelling, or the existing space of a single-family dwelling or accessory structure (conversion); provided that the converted ADU does not expand the physical dimensions of the existing primary dwelling beyond one hundred fifty (150) square feet for the purpose of accommodating ingress and egress;
ii. One (1) detached or attached (new construction) ADU may be located on lots which contain, or are proposed to be developed with a single-family dwelling.
iii. One (1) Junior ADU may be located within the proposed space of a single-family dwelling, or the existing space of a single-family dwelling; provided that the Junior ADU conversion does not expand the physical dimensions of the existing primary dwelling beyond one hundred fifty (150) square feet for the purpose of accommodating ingress and egress; or
(b) Multi-Family Zones. The number of accessory dwelling units that may be constructed on any lot with a multi-family dwelling is limited as follows:
i. No Junior ADUs shall be allowed in lots with multi-family dwellings or zoned multi-family.
ii. Two detached accessory dwelling units per lot with proposed multiunit dwellings, or up to eight detached accessory dwelling units per lot with an existing multi-unit dwelling, not to exceed the number of existing units on the lot.
iii. An ADU may be converted within an existing multi-family dwelling structure from areas not used as livable spaces including, but not

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limited to: storage rooms, boiler rooms, passageways, attics, basements, or garages. Conversion of at least one (1), but up to twenty-five (25%) of the total number of existing units within a multifamily dwelling shall be permitted under this subsection.

6. The development of an accessory dwelling unit shall be subject to all minimum development standards, including, but not limited to, requirements set forth in the Montebello Zoning Code relating to height, setback, lot area, lot dimensions, lot coverage (see Exhibit 17.10.020 of this chapter), design guidelines, fees, charges, and other zoning requirements generally applicable to residential construction in the zone in which the accessory dwelling unit is located.

5. Dwelling Size.
(a) A detached ADU on a lot with an existing or proposed single-unit development may not exceed 1,200 square feet in size.
(b) The total floor area of any efficiency unit, either ADU or Junior ADU shall be a minimum area of one hundred fifty (150) square feet, or as specified in Section 17958.1 of the California Health and Safety Code. (c) A detached ADU on a lot with an existing or proposed multi-unit dwelling structure may not exceed 850 square feet in area for an ADU with 1 bedroom, or less, and 1,000 square feet for an ADU that provides more than 1 bedroom.
(d) For an attached ADU within an existing primary dwelling, the total floor area of an attached ADU shall not exceed fifty percent (50%) of the existing primary dwelling, or 850 square feet for an ADU with 1 bedroom or less, and 1,000 square feet for an ADU that provides more than 1 bedroom, whichever is greater.
(e) Junior ADUs shall not exceed five hundred (500) square feet. 7 . The accessory dwelling unit shall comply with the Uniform Building Code, the Uniform Fire Code, and all city building and fire requirements, as appropriate, in addition to the requirements of this section.

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8. When adding an accessory dwelling unit that is attached to the primary dwelling unit as a second story, the entire structure must comply with all height requirements that apply to the zone in which the property is located.

9. The gross living area of an accessory dwelling unit shall not be less than three hundred fifty square feet and shall not exceed thirty-five percent of the existing living area of the primary dwelling unit for attached accessory dwelling units, or one thousand two hundred square feet for detached accessory dwelling unit. "Gross living areas" shall refer to all habitable space, excluding any garage or patio area.

10. An accessory dwelling unit that is attached to the primary dwelling may be established utilizing a portion of the living area within the primary dwelling, or as an addition and utilizing a portion of the living area of the primary dwelling, or designed strictly as an addition to the primary dwelling unit.

However, the increased floor area of an attached second unit shall not exceed thirty-five percent of the existing living area of the primary dwelling unit.

6. Kitchens and Bathrooms.
(a) ADU. An ADU shall include permanent provisions for sanitation and permanent provisions for eating and cooking.
(b) Junior ADU. A Junior ADU may include separate sanitation facilities, or may share sanitation facilities with the existing primary dwelling.

However, a Junior ADU must contain an efficient kitchen with appliances, regardless of source of energy as further described in Section 20(e)(ii) below.
11 7. Parking. No accessory dwelling unit shall be permitted unless the primary dwelling unit provides parking in compliance with Exhibit

17.52.050. Additional parking for an accessory dwelling unit shall be provided with one off-street parking space per unit. Such parking space shall be enclosed with a garage door opening.
(a) One (1) parking space per ADU or per bedroom, whichever is less shall be provided. ADUs which have no bedrooms because they are an “efficiency unit” or studio do not increase the bedroom count. These spaces may be provided as tandem parking, on an existing driveway,

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or in locations outlined in order of preference and as approved by the City in subsection 10(d) below.

(b) Parking is limited to lawfully paved areas approved by the City. (c) Parking requirements are not applicable to 66323 units. (d) The parking requirements shall not be imposed on the parking standards of the following ADUs, pursuant to Government Code Section 66322, subdivision (a):
i. The ADU is located within one-half (1/2) mile walking distance of public transit;
ii. The ADU is located within an architecturally and historically significant district;
iii. The ADU is part of (i.e., contained within) the footprint of the primary residence or an accessory building;
iv. When on-street parking permits are required but not offered to the occupant of the ADU;
v. When there is a car share vehicle located within one (1) block of the ADU; or
vi. When a permit application for an ADU is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the ADU or the parcel satisfies any other criteria listed in Government Code Section 66322, subdivision (a) (1) – (5).
(e). Parking required for the ADU may be located in the following locations, as approved by the City (ordered from most to least preferred):
i. A garage, carport, or covered space on a driveway; provided it complies with required setbacks for both primary and accessory structures.

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ii. Within the required street side yard setback.
iii. Within the required rear yard setback.
iv. Within the required front yard setback.
(f). Notwithstanding the foregoing, parking in setbacks and tandem driveway parking may be denied if the building official determines that parking in those areas is unsafe due to site specific fire and/or life safety conditions.
(g). If parking required for the unit is accommodated in any setback area, as set forth above, then the required parking space shall be paved and located and maintained in the specific location designated by the City. (h) When a garage, carport or covered parking structure is demolished in conjunction with the construction of an ADU or converted into an ADU, the City shall not require that those off-street parking spaces be replaced.

12. 8. Access. The second dwelling unit ADU or Junior ADU shall utilize the same vehicular access that serves the existing primary dwelling unit, unless the second unit has access from an alley contiguous to the lot ADU or Junior ADU has access from an alley contiguous to the lot. No passageway connecting the ADU or Junior ADU to a street is required.

Each ADU or Junior ADU shall maintain independent exterior access from the existing residence.

13. 9. Utilities. All utilities servicing the second dwelling unit ADU or Junior ADU shall be metered in conjunction with the primary dwelling unit, in compliance with Government Code Section 65852.2(f).

14. 10. Architectural Compatibility. The accessory dwelling unit ADU or Junior ADU shall incorporate the same or similar architectural features, building materials, and color as the primary dwelling unit on the property. These features shall include, but are not limited to, architectural styling, roof line, window and door treatment, materials, color, texture and building height, scale, and bulk, unless the proposed ADU is based on a city-preapproved plan or subject to approval pursuant to Government Code Section 66323.

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15. Adequate utilities are available or can be made available to serve the second unit. All utility connections for the accessory dwelling unit to the primary dwelling unit shall be placed underground, unless it is determined to be unfeasible by the city planner.

16. The accessory dwelling unit shall have a separate entrance from the primary dwelling which shall not be visible from the public right-of-way (street).

17. 11. The construction of an accessory dwelling unit ADU or Junior ADU shall not cause the existing primary dwelling unit to be in conflict with the minimum development standards applicable in the zone in which the accessory dwelling unit property is located.

18. 12. Street Numbers. The address numbers for both the primary and accessory dwelling unit(s) shall be posted on the front of the primary dwelling unit and the accessory dwelling unit as provided in Section

15.08.100. in accordance with the California Residential Code as adopted and amended by the City.

19. 13. The primary dwelling unit and the accessory dwelling unit(s), whether attached to or detached from the primary dwelling unit, shall both be required to be equipped with "hardwired" smoke detectors (with battery backup) and and Aautomatic fire extinguishing systems (sprinkler)systems subject to fire department specifications, unless it is determined to be infeasible by the fire department. only if they are required for the primary residence.

20. 14. Short-Term Rental Prohibited. After the accessory unit has been established, no guest house shall exist or be established on the property.

In addition, the establishment of an accessory unit shall preclude the renting of individual bedrooms to boarders in the primary and/or accessory dwelling units pursuant to Section 17.14.020 which would otherwise apply.

An ADU or Junior ADU are prohibited from being utilized as short-term rentals pursuant to Chapter 17.59.050 of the Montebello Municipal Code.

21. 15. Ownership and Occupancy. An owner of the property upon which an accessory dwelling unit is located who has at least a fifty percent ownership of the property must utilize either the primary dwelling or the

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accessory dwelling as their principal place of full-time residence. There shall be no owner-occupied requirement for ADUs. If a JADU has shared sanitation facilities with the primary structure, owner- occupancy will be required. If the JADU does not have shared sanitation facilities, owneroccupancy will not be required, in compliance with GOV. Code 66333, subd. (b). Owner- occupancy is not required when the owner is another government agency, land trust, or housing organization.

22. 16. Conveyance. The accessory dwelling unit shall not be owned or sold separately from the primary dwelling unit.

17. ADUs or Junior ADUs shall not be allowed where roadways, public utilities and services are inadequate. The property owner shall provide evidence that adequate sewer, streets, and water are available for the proposed unit based on standards and thresholds established in the following:
(a) Development Fees. ADUs of seven hundred fifty (750) square feet or more are subject to development fees charged proportionately in relation to the square footage of the primary dwelling unit.
(b) Street Widths. Notwithstanding any provision of the code to the contrary, the right-of-way fronting the primary residence shall be at least 40-feet wide. Notwithstanding the foregoing, ADUs or Junior ADUs may be permitted on properties that do not comply with these street standards subject to a conditional use permit, as set forth in Chapter 17.70 of the Montebello Municipal Code.
(c) Sewer and Water. An ADU or Junior ADU shall be permitted only where it has been determined that sewer and water connection are feasible, and the level of service is adequate based upon applicable health and safety standards.
(d) Specific Requirements for Junior ADUs. The requirements and standards of this subsection shall apply to Junior ADUs notwithstanding anything contrary in this section.
(i) The owner of the single-family lot shall occupy the singlefamily dwelling or the Junior ADU.

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(ii) A Junior ADU shall include: a separate entrance from the main entrance to the proposed or existing single-family residence; and an efficiency kitchen, which shall include a cooking facility with appliances, a food preparation counter or counters that total at least eight (8) square feet in area and food storage cabinets that total at least sixteen (16) square feet of shelf space.
(iii) Homeowners’ associations (HOAs), as a third party, cannot influence the approval of an application to create an ADU.

Third party reviews by an HOA or their representatives or agents would violate State ADU Law. (Gov. Code, § 66315.) No other local ordinances, policies, or regulations may be applied in the approval or denial of an ADU or junior ADU (JADU) permit application (Gov. Code, § 66317, subd. (c)). (iv) Before obtaining a building permit for a Junior ADU, the property owner shall file with the City of Montebello Housing division a declaration or agreement to restrictions, containing a reference to the property which was acquired by the owner stating that:
a. The Junior ADU cannot be sold separately from the
primary residence;
b. The size and attributes of the Junior ADU shall conform at all times with the requirements of California Government Code section 66333.
c. The restrictions shall be binding upon any successor in interest and ownership of the property and lack of
compliance may result in legal action against the property owner to compel compliance with this section.
d. The owner must reside in the remaining portion of the primary residence or in the newly created JADU. Owner
occupancy is not required when there are separate
sanitation facilities. Owner-occupancy is not required

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when the owner is another government agency, land trust, or housing organization.
e. The JADU must have an affordability covenant and prove that the unit will be sold according to the 2026 HUD USER Fair Market Rent Documentation. The price limits are
below.

FY 2026 SAFMRs By Unit Bedrooms
Efficiency One-bedroom Two- Bedroom Three-Bedroom Four- Bedroom $1,710 $1,920 $2,390 $3,030 $3,370
D. Nothing in this section shall prevent the construction of multiple-family dwellings otherwise permitted in any multiple-family zone and under applicable development standard of the appropriate zone.

E. This section shall not validate any existing illegal accessory dwelling units. An application for a permit may be made to convert an illegal accessory dwelling unit to a conforming legal accessory dwelling unit, and the standards and requirements for said conversion shall be the same as for proposed new construction of an accessory dwelling unit.

E. ADU Covenant Declaration. The property owner of the subject lot shall record a declaration of covenants and restrictions placing the below restrictions on the lot (the “ADU Covenant Declaration”). The ADU Covenant Declaration shall be recorded on the lot prior to final building approval of the ADU. The ADU Covenant Declaration shall be binding on the property and all owners, lenders, lien holders, occupants and all other persons having an interest or estate in the property, now or in the future. The ADU Covenant Declaration shall be submitted to the Housing Department. A copy of the ADU Covenant Declaration shall be filed with the City’s Planning Department:
(i) The ADU cannot be sold separately from the primary residence; (ii) The restrictions shall be binding upon any successor in interest and ownership of the property and lack of compliance may result in legal action against the property owner to compel compliance with this section;

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(iii) The property owner shall apply for any and all permits necessary to complete the scope of work, as required under the city’s building and fire codes, and as thereafter adopted and amended;
(iv) If the ADU is modified such that it no longer complies with this section, the property owner shall return the lot and all improvements into a condition that complies fully with applicable land use and building standards set forth in this code; and
(v)The JADU must have an affordability covenant and prove that the unit will be sold according to the 2026 HUD USER Fair Market Rent Documentation. The price limits are below.

FY 2026 SAFMRs By Unit Bedrooms
Efficiency One-bedroom Two- Bedroom Three-Bedroom Four- Bedroom $1,710 $1,920 $2,390 $3,030 $3,370
F. .Applications or proposals for accessory dwellings units which do not comply with respective standards set forth in subsections B and C of this section, may be appealed to the city manager. The appeal shall not include a public hearing and shall be limited to compliance with the standards referenced in this section.

Application Process.
(a) Any application for an ADU or Junior ADU shall include a site plan, floor plan, and elevations substantiating and evidencing compliance with all applicable development standards. An application shall be approved or denied ministerially without discretionary review or public hearing within sixty (60) days of receipt of the application, provided that all requirements of this section appear to be met. The City and applicant may agree to additional time with a written request from the applicant. If the ADU or JADU is in conjunction with the construction of a new primary dwelling unit, the approval may be delayed until the permit application to create the new primary dwelling is approved or denied.
(b) The property owner shall pay all associated fees including but not limited to application fees, development fees, sewer, water, and other applicable fees associated with an application contemplated herein.

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G. Government Code Section 65852.2 allows a local agency to count an ADU for purposes of identifying adequate sites for housing, as specified in subdivision (a) of Section 65583.1, subject to authorization by the Department of Housing and Community Development (“HCD”).

H. Homeowners’ associations (HOAs), as a third party, cannot influence the approval of an application to create an ADU. Third party reviews by an HOA or their representatives or agents would violate State ADU Law. (Gov. Code, § 66315.) No other local ordinances, policies, or regulations may be applied in the approval or denial of an ADU or junior ADU (JADU) permit application (Gov. Code, § 66317, subd. (c)).

SECTION 3. GENERAL PLAN CONSISTENCY. The City Council hereby finds and determines that the amendments adopted by this Ordinance are consistent with and further the goals, policies, objectives, and implementation measures of the City’s General Plan. The amendments support the General Plan’s objectives for orderly and compatible residential development, promote the efficient and productive use of existing residential land and infrastructure, expand housing opportunities, and encourage sustainable and balanced growth within the City.

SECTION 4. CEQA. The City Council hereby determines and finds that the amendments adopted by this Ordinance are not a “project” subject to CEQA pursuant to CEQA Guidelines Section 15378 because the amendments do not have the potential to result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. The City Council further determines that the proposed Text Code Amendments are exempt from CEQA pursuant to the commonsense exemption under CEQA Guidelines Section 15061(b)(3), because it can be seen with certainty that there is no possibility that the proposed amendments may have a significant effect on the environment.

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.

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SECTION 7. PUBLICATION. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published or posted according to law.

PASSED, APPROVED AND ADOPTED this XXth day of [Month], 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 XXth day of [Month], 2026, and was adopted by the City Council of the City of Montebello at its meeting held on the XXth day of [Month], 2026 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________
Christopher Jimenez, City Clerk

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ATTACHMENT B
ORDINANCE NO. 2494

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MONTEBELLO, CALIFORNIA, AMENDING CHAPTER 17.65 (WATER CONSERVATION IN LANDSCAPING REGULATIONS) OF TITLE 17 OF THE CITY OF MONTEBELLO

MUNICIPAL CODE TO INCORPORATE AND IMPLEMENT THE UPDATED

PROVISIONS AND STANDARDS OF THE STATE OF CALIFORNIA MODEL WATER EFFICIENCY LANDSCAPE ORDINANCE (“MWELO”) CONSISTENT WITH THE

CALIFORNIA DEPARTMENT OF WATER RESOURCES
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 of Montebello last adopted water conservation standards in 1993, and such standards have not been comprehensively updated to reflect current water supply conditions, conservation practices, and regulatory requirements; and WHEREAS, Chapter 1145 of the 1990 Statutes of California enacted the Water Conservations in Landscaping Act, which required the Department of Water Resources (“DWR”) to develop the State’s first Model Water Efficient Landscape Ordinance (“MWELO”). MWELO provides a standard for the design, installation, management, and maintenance of landscapes to use water efficiently without water waste; and
WHEREAS, MWELO was initially adopted and became effective January 1, 1993, and local agencies were required to adopt the MWELO or a local water efficient landscape ordinance that was at least as effective as MWELO; and
WHEREAS, on April 1, 2015, the Governor issued Executive Order B-29-15 directing DWR to update MWELO to increase water efficiency standards for new and rehabilitated landscapes; and
WHEREAS, DWR subsequently adopted updated MWELO regulations establishing requirements for landscape design, irrigation efficiency, water-use calculations, soil management, stormwater management, and related water-efficiency measures; and WHEREAS, DWR completed a subsequent rulemaking process to update MWELO, and the updated regulations were approved by the Office of Administrative Law and became effective January 2, 2025; and
WHEREAS, DWR has identified MWELO as the statewide model for local agencies to implement minimum standards for water-efficient landscape design, construction, management, and maintenance; and

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WHEREAS, applicable State law requires local agencies to adopt, implement, and enforce MWELO or a local water-efficient landscape ordinance that is at least as effective as MWELO; and
WHEREAS, the City of Montebello currently regulates water conservation in landscaping through Chapter 17.65 (Water Conservation in Landscaping Regulations) of Title 17 of the Montebello Municipal Code; and
WHEREAS, although Chapter 17.65 promotes water-efficient landscaping practices, amendments are necessary to ensure that the City's regulations incorporate and implement the current MWELO standards adopted by DWR and remain consistent with applicable State law and regulations; and
WHEREAS, incorporating MWELO by reference will provide the City with a comprehensive and uniform regulatory framework for water-efficient landscaping while reducing the potential for duplicative, conflicting, or outdated local requirements; and WHEREAS, MWELO establishes requirements applicable to specified new construction projects, rehabilitated landscape projects, existing landscapes, and cemeteries, subject to the applicability provisions, exemptions, and compliance pathways established by State law and the MWELO regulations; and
WHEREAS, adoption of the updated MWELO standards will promote the efficient use and conservation of water resources, improve drought resilience, support environmentally sustainable development, and provide consistent standards for property owners, developers, landscape professionals, City staff, and decision-makers; and
WHEREAS, the City Council finds that the amendments adopted by this Ordinance are consistent with the City's General Plan, applicable State law, and the City's goals of promoting sustainable development, conserving water resources, and protecting the public health, safety, and welfare; and
WHEREAS, the City Council finds that incorporating the current MWELO provisions by reference will facilitate efficient review of landscape plans and establish clear procedures for demonstrating compliance with applicable water-efficiency requirements; and WHEREAS, the City will continue to monitor updates to the Model Water Efficient Landscape Ordinance and implement applicable provisions to remain compliant with all current State standards and regulations; and
WHEREAS, the City Council has considered the proposed amendments to Chapter 17.65, the staff report, recommendations, testimony, evidence, and all other information presented at the duly noticed public hearing; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred, and the City Council duly considered all evidence presented in connection with its consideration of this Ordinance.

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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 hereby incorporated into this Ordinance.

SECTION 2. AMENDMENTS. Chapter 17.65 of Title 17 of the Montebello Municipal Code is hereby amended in its entirety and restated to read as follows (New language is underlined, while deleted language is stricken):

Chapter 17.65 - WATER CONSERVATION IN LANDSCAPING REGULATIONS

17.65.010 - Purpose.

The purpose of this chapter is to establish standards and procedures for the design, installation, and management of water conserving landscapes in order to utilize available plant, water and land resources to avoid excessive landscape water demands while ensuring high quality landscape design. (Ord. 2085 § 1 (part), 1993: prior code § 9249)

17.65.020 - Definitions.

Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as defined in this section.
"Application rate" means the rate of irrigation (inches/hour or gallons per minute) at which water is applied by an irrigation system.
"Automatic control valve" means a valve in an irrigation system which is activated by an automatic electric or hydraulic controller.
"Automatic irrigation system" means an irrigation system that can be controlled without manual manipulation, and which operates on a pre-set program.
"Contour" means a line drawn on a plan which connects all points of equal elevation above or below a known or assumed reference point.
"Controller" means an automatic timing device with enclosure, which signals automatic valves to open and close on a pre-set program.
"Cycle" means in irrigation, the complete operation of a controller station. "Designer" means a person qualified to practice landscape architecture and/or irrigation design as defined under the Business and Professional Code of the state of California. "Director" means the director of planning of the city.
"Grading" means earthwork performed to alter the natural contours of an area to be planted. "Hydrazone" means a portion of the planting area having plants grouped according to water need. "Infiltration rate" means the rate (inches per hour) in which water moves through soil under natural conditions.
"Irrigation system" means a complete connection of system components, including the water distribution network and the necessary irrigation equipment and downstream from the backflow prevention device.
"Planting area" means the parcel area less building pad(s), driveway(s), patio(s), deck(s), walkway(s) and parking area(s). Planting area includes water bodies (i.e., fountains, ponds, lakes) and natural areas.

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"Planting plan" means a plan which identifies location, spacing, numbers, container sizes of all plant materials including common and botanical names.
"Rehabilitated landscape" means any planting area in which fifty percent of existing landscape materials are replaced or modified within any twelve-month period. Examples include a change of plants or ground cover, installation of a new irrigation system, and grading modifications. "Station" means a position on an automatic irrigation controller which indicates the control point of automatic irrigation valves.
"Turf" means a surface layer of earth containing grass with its roots. (Ord. 2085 § 1 (part), 1993: prior code § 9249.1)

17.65.030 - Applicability.

A. These requirements shall be applicable to landscaped areas of two thousand five hundred square feet or more of new and rehabilitated landscaping for industrial, commercial, office and institutional developments; to parks and other public recreational areas; to multifamily (three or more units) residential and PUD common areas; to model home complexes; and to city road medians and corridors.

B. These requirements shall not be applicable to:

1.Homeowner provided landscaping at single-family and two-family residential projects;

2.Cemeteries;

3.Registered historical sites;

4.Ecological restoration projects that do not require a permanent irrigation system;

5.Mined-land reclamation projects that do not require a permanent irrigation system;

6.Any project with a landscaped area less than two thousand five hundred square feet.

C. Exemptions. The director may authorize exemptions to any of the design and improvement standards in this chapter. Such exemptions may be granted if the director finds that the proposed design or improvement is in substantial compliance with the purpose and intent of this chapter. (Ord. 2085 § 1 (part), 1993: prior code § 9249.2)

17.65.040 - Landscape plan submission.

1.Landscape Plan—Required. Landscape plans shall be prepared in accordance with the standards set forth herein and with any guidelines developed to help implement the provisions of this chapter. Such plans shall be submitted and approved prior to the issuance of building permits to comply with the requirements of this chapter.

2.Landscape Plan—Application. Prior to the issuance of a building permit a landscape plan application shall be submitted and reviewed in accordance with this chapter. Applications for landscape plan approval shall be filed by the owner of the affected property or his agent, or by a public entity to which the provisions of the chapter apply, on forms furnished by the director.

3.Landscape Plan—Approval. No landscape plan application shall be approved unless the director finds that the plan compliments the design of the project, is consistent with the provisions of this chapter and applicable landscape guidelines; compatible with adjacent existing or future public landscaped areas, and with the elevations and appearances with existing structures located upon lots within the immediate vicinity of the lot which is the subject of such application.

4.Landscape Plan—Content. Each landscape plan shall consist of the following elements including, but not limited to the following:
a. Water Conservation Concept Statement. Each landscape plan shall include a cover sheet referred to as the water conservation concept statement, which serves as a checklist to verify that the

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elements of the landscape plan have been completed and includes a brief narrative summary of the project. The statement shall include calculations of the project's:
i. Maximum applied water allowance;
ii.Estimated applied water use.
b. Planting Plan. The planting plan shall identify location, spacing, numbers, container sizes of all plant materials including common and botanical names, drawn on project base sheets in a clear and legible fashion in accordance with the administrative guidelines established to implement the provisions of this chapter.
c. Irrigation Plan. The irrigation plan shall identify components of the irrigation system drawn on project base sheets in a clear and legible fashion in accordance with the guidelines established to implement the provisions of this chapter.
d. Annual Irrigation Schedule. The annual irrigation schedule shall be prepared, with a minimum four-season water schedule, for both the plant establishment period and established landscape. The irrigation schedule shall include run time and frequency of irrigation for each station. e. Soils Test. The landscape plan shall include a report of soils test which includes information on soil infiltration rate, soil texture, and agricultural suitability. A soils test shall be required if substantial amounts of soil are imported to the property.
(Ord. 2085 § 1 (part), 1993: prior code § 9249.3)

17.65.050 - Landscape standards.

A. Water Features. Decorative water features such as ponds, and waterfalls used in landscaped areas shall incorporate the recycling of water to minimize water loss. Where available, and appropriate, the use of reclaimed water shall be designed and incorporated into the water features.

B. Water Meters. Each landscape irrigation system shall be metered for water use, separately from domestic and other non-landscape uses.

C. Landscape Irrigation Audit. Each landscape irrigation system that services a landscape area of two thousand five hundred square feet or more shall be audited every five years by the property owner for conformance with the approved plan, in accordance with the state of California Landscape Water Management Program, Landscape Irrigation Auditor Handbook, incorporated by reference. Landscaped area of less than two thousand five hundred square feet shall be exempt from the requirement to conduct an irrigation audit.

D. Landscape Maintenance. The property owner shall permanently and continuously maintain all landscaping and irrigation in a neat, clean and healthy condition, including removal of litter, proper pruning, mowing of lawns, weeds, fertilizing, and watering; and replacement of diseased and/or dead plants and malfunctioning or missing irrigation system components.

E. Model Home Landscaping. For each subdivision with model homes the developer shall submit a landscape plan and install landscaping for each model home, incorporating the requirements of this chapter and including:

1.Signs identifying elements of the water conserving landscape and irrigation system design placed around the model homes;

2.Literature describing water conserving landscapes to be available to individuals touring the model homes;

3.The location, text, and size of signs shall be clearly shown on the landscape plan and shall be in substantial accordance with the guidelines established to implement the provisions of this chapter.

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F. Landscape Certificate. Upon completion of the installation of the landscaping, the designer shall certify that the landscape complies with all requirements of this chapter. Certification shall be accomplished by completion of a landscape certificate on a form approved by the director. Failure to submit a complete and accurate landscape certificate will delay final approval of the project and/or discontinue water service.

G. Relative Water Requirements of Commonly Used Plants. The director shall develop a list of plants that are commonly used in landscape designs with water requirement classifications of low, medium, and high to assist landscape designers to choose species of appropriate water demands to comply with this chapter and to group species of similar water demands to facilitate efficient irrigation.

This list shall be included in the landscape guidelines developed to implement the provisions of this chapter.

17.65.010 - Purpose.

The City of Montebello (“The City”) recognizes that California’s water supply is limited and increasingly strained, making efficient water use essential for sustaining the State’s economy and environment. The Model Water Efficient Landscape Ordinance (“MWELO”) aims to promote water-efficient landscaping practices through better planning, design, and management in both new and existing projects, while encouraging collaboration among agencies, property owners, and industry. It establishes consistent requirements for new development and rehabilitated landscapes including but not limited to maximum applied water allowance (“MAWA”), landscape design plans and irrigation audits, soil management, and grading standards. Adopting MWELO advances the City’s sustainability and climate resilience objectives by lowering water demand, reducing runoff and improving groundwater recharge, and supporting climateappropriate landscaping.

The purpose of this Chapter is to ensure that the design, installation and maintenance of landscapes within the City of Montebello meet the requirements of the State of California Model Water Efficient Landscape Ordinance as outlined in Title 23, Division 2, Chapter 2.7 of the California Code of Regulations of the California Government Code.

17.65.020 – Adoption of the State of California Model Water Efficient Landscape Ordinance.

The State of California Model Water Efficient Landscape Ordinance (“MWELO”), as found in Chapter 2.7 of Division 2 of Title 23 of the California Code of Regulations, and as amended from time to time by the State of California, is hereby adopted by reference in its entirety as if incorporated and set out in full in this Chapter as the Water Efficient Landscaping Ordinance of the City of Montebello.

17.65.030 – Applicability.

Except as otherwise provided by applicable State law or the State of California Model Water Efficient Landscape Ordinance (“MWELO”), the requirements of this Chapter shall apply to landscape projects subject to MWELO, including:

1. New construction projects with a landscape area equal to or greater than five hundred (500) square feet requiring a building or landscape permit, plan check, or design review;

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3. Existing non-rehabilitated landscapes to the extent regulated by applicable provisions of MWELO; or

4. New, existing, and rehabilitated cemeteries to the extent regulated by applicable provisions of MWELO.

The applicability thresholds and requirements set forth in this Section shall be interpreted consistent with the applicable version of MWELO and controlling State law.

17.65.040 – Exemptions.

The following projects shall be exempt from this Chapter to the extent they are exempt under applicable State law and the State of California Model Water Efficient Landscape Ordinance (“MWELO”):

1. Registered local, state, or federal historical sites;

2. Ecological restoration projects that do not require a permanent irrigation system;

3. Mined-land reclamation projects that do not require a permanent irrigation system; or

4. Existing plant collections that are part of botanical gardens and arboretums open to the public.

Nothing in this Section shall be construed to exempt a project from any other applicable Federal, State, or local law, regulation, permit, or requirement.

17.65.050 – Submittals.

The project applicant shall:

1. Submit the signed Certificate of Completion Package to the City for review; and

2. Ensure that copies of the approved Certificate of Completion Package are submitted to the local water purveyor and property owner or their designee, unless the property owner is the project applicant.

The City shall:

1. Receive the signed Certificate of Completion Package from the project applicant; and

2. Approve or deny the Certificate of Completion Package. If the Certificate of Completion Package is denied, the City shall provide information to the project applicant regarding reapplication, appeal, or other assistance.

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Upon approval of an application, the Director of Planning and Community Development is authorized to request additional information, materials, or applications, as deemed necessary, to ensure the application is complete and to evaluate compliance with applicable requirements of this Chapter.

17.65.060– Enforcement.

A. Violation of any provision of this chapter shall constitute grounds for issuance of a notice of violation and assessment of a fine by a City enforcement official or representative. Enforcement actions under this chapter are issuance of an administrative citation, Montebello Municipal Code Chapter 1.14. The City’s procedures on imposition of administrative fines are hereby incorporated in their entirety, as modified from time to time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this chapter and any rule or regulation adopted pursuant to this Chapter, except as otherwise indicated in this chapter.

B. Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. The City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The City may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of City staff and resources.

SECTION 3. GENERAL PLAN CONSISTENCY. The City Council hereby finds and determines that the amendments adopted by this Ordinance are consistent with, and further the goals, policies, objectives, and implementation measures of the City’s General Plan. The amendments promote the conservation and efficient use of water resources by establishing and maintaining standards for water-efficient landscape design, installation, and maintenance.

The City Council further finds that the amendments are necessary and appropriate to ensure that the City’s regulations governing landscape development and water use remain consistent with applicable requirements of the State of California’s Model Water Efficient Landscape Ordinance (“MWELO”), codified at California Code of Regulations, Title 23, Division 2, Chapter 2.7, as amended from time to time.

SECTION 4 . CEQA. The City Council hereby determines and finds that the amendments adopted by this Ordinance are not a “project” subject to CEQA pursuant to CEQA Guidelines Section 15378 because the amendments do not have the potential to result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. The City Council further determines that the proposed Text Code Amendments are exempt from CEQA pursuant to the commonsense exemption under CEQA Guidelines Section 15061(b)(3), because it can be seen with certainty that there is no possibility that the proposed amendments may have a significant effect on the environment.

Page 47 of 653 ends

portions of this Ordinance, and each and every individual section, subsection, line, sentence, clause, phrase, or word without regard to any such decision.

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

SECTION 7. PUBLICATION. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published or posted according to law.

PASSED, APPROVED, AND ADOPTED this XX DAY OF [MONTH] 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 ___ day of _____, 2026, and was adopted by the City Council of the City of Montebello at its meeting held on the ____ day of _____ 2026 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

__________________________
Christopher Jimenez, City Clerk

Page 48 of 653 ends

ATTACHMENT C
ORDINANCE NO. 2497

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

MONTEBELLO, CALIFORNIA, AMENDING APPENDIX A - INDEX OF
PRIMARY USES OF TITLE 17 (ZONING) OF THE MONTEBELLO

MUNICIPAL CODE TO ESTABLISH A LAND USE CLASSIFICATION

FOR ARTIFICIAL INTELLIGENCE (AI) DATA CENTERS AND PROHIBIT

AI DATA CENTERS IN ALL ZONING DISTRICTS
WHEREAS, the City of Montebello (“City”) is a municipal corporation organized and existing under the laws of the State of California and is authorized pursuant to its police power and applicable provisions of State law to regulate the use and development of land within the City for the protection of the public health, safety, and welfare; and WHEREAS, Article XI, Section 7 of the California Constitution empowers the City to enact and enforce ordinances regulating conditions that may be public nuisances or health hazards, or that promote social, economic, or aesthetic considerations; and WHEREAS, recent advances in artificial intelligence (“AI”), cloud computing, highperformance computing, and digital infrastructure have resulted in rapidly increasing demand for large-scale computing facilities capable of supporting AI model training, cloud computing, data storage, and real-time data processing; and WHEREAS, data centers are specialized facilities designed to house substantial quantities of computer servers, networking equipment, storage systems, electrical equipment, cooling systems, backup power systems, and related infrastructure necessary for the storage, processing, and distribution of digital information; and WHEREAS, AI Data Centers represent a specialized and emerging form of data center development that may accommodate high-density computing equipment and intensive computational workloads associated with artificial intelligence, machine learning, large-scale data processing, and related technologies; and WHEREAS, AI Data Centers may have operational characteristics and infrastructure requirements that differ substantially from those associated with conventional commercial, office, industrial, or technology-related uses, including substantial and continuous electrical demand, high-capacity utility infrastructure,

Page 49 of 653 ends

extensive cooling and mechanical systems, backup electrical generation, battery and energy storage systems, and other specialized equipment; and WHEREAS, AI Data Centers may operate continuously, including twenty-four (24) hours per day and seven (7) days per week, and may require uninterrupted electrical service to maintain computing operations and protect sensitive equipment and data; and WHEREAS, the development and operation of AI Data Centers may result in substantial demands on electrical infrastructure and, depending upon the design and cooling technology employed, may also result in significant water consumption, wastewater generation, heat generation, and other infrastructure demands; and WHEREAS, the scale, intensity, operational characteristics, and infrastructure demands associated with AI Data Centers may create potential land use compatibility concerns when such facilities are located in proximity to sensitive land uses, including residential neighborhoods, schools, hospitals, parks, and other locations where continuous noise, equipment operation, emergency power generation, or other impacts may adversely affect surrounding properties and community character; and WHEREAS, AI Data Centers may also require substantial electrical and telecommunications infrastructure, including substations, transmission or distribution facilities, fiber-optic infrastructure, backup generators, fuel storage, cooling systems, and other ancillary facilities, which may have land use, visual, environmental, and infrastructure implications extending beyond the principal building or structure; and WHEREAS, local governments throughout California and the nation are increasingly being presented with proposals for large-scale data centers and AI-related computing facilities that were not specifically contemplated when many existing zoning regulations were adopted; and
WHEREAS, Title 17 of the Montebello Municipal Code (“Municipal Code”) does not currently contain a specific definition or land use classification for AI Data Centers or other similarly intensive computing facilities and therefore does not expressly address the unique operational characteristics, infrastructure requirements, and potential land use impacts associated with such facilities; and
WHEREAS, the absence of a specific land use classification may create uncertainty regarding the appropriate zoning classification for AI Data Centers and may make it difficult to determine whether existing zoning regulations adequately address the intensity and characteristics of such uses; and

Page 50 of 653 ends

WHEREAS, the City Council has considered the potential land use, infrastructure, environmental, and community impacts associated with AI Data Centers and has determined that additional consideration of these emerging uses is warranted to protect the public health, safety, and welfare and to ensure that future land use decisions are consistent with the City’s long-term planning objectives; and WHEREAS, on February 11, 2026, the City Council adopted an interim urgency ordinance (Urgency Ordinance No. 2491), temporarily prohibiting or restricting the establishment, expansion, or intensification of AI Data Centers within the City while the City undertook a broader review of the potential impacts of such facilities and considered appropriate long-term land use policies and regulations; and WHEREAS, Urgency Ordinance No. 2491 was adopted as a temporary measure to preserve the existing land use status quo, prevent potentially incompatible development while the City conducted its review, and provide the City with sufficient time to evaluate the appropriate permanent regulatory framework for AI Data Centers; and WHEREAS, the City Council finds that AI Data Centers constitute an emerging land use that is sufficiently distinct in scale, intensity, infrastructure requirements, and operational characteristics to warrant separate identification and treatment within the Municipal Code; and
WHEREAS, the City Council finds that establishing a specific definition and land use classification for AI Data Centers will provide greater clarity and certainty to property owners, applicants, City staff, decision-makers, and the public regarding the nature of the use and its treatment under the City’s zoning regulations; and WHEREAS, the City Council has determined that the potential demands associated with AI Data Centers, including substantial electrical consumption, utility infrastructure requirements, cooling and mechanical equipment, water consumption, emergency power generation, continuous operations, noise, emissions, and related impacts, warrant a citywide prohibition of AI Data Centers at this time; and WHEREAS, the City Council finds that the amendment to Appendix A (Index of Primary Uses) of Title 17, establishing a classification for AI Data Centers and a citywide prohibition on such facilities, constitutes a legislative land use decision intended to establish a clear and consistent policy regarding an emerging and potentially intensive land use. Amendments also include corrections to minor typographical errors in the footnotes to Appendix A; and

Page 51 of 653 ends

WHEREAS, prohibiting AI Data Centers in all zoning districts will provide a clear, consistent, and readily enforceable land use standard and will prevent the establishment of such facilities in locations where the City’s existing zoning framework, infrastructure, surrounding land uses, and community character may not be adequately equipped to accommodate their unique characteristics; and
WHEREAS, the City Council recognizes that technology and computing facilities may continue to evolve and that the definition established in Title 17 is intended to identify facilities based upon their operational characteristics and intensity rather than solely upon the particular technology, software, or business application used by the facility; and WHEREAS, the City Council finds that the proposed amendment is consistent with the goals, policies, and objectives of the City’s General Plan because they promote orderly and compatible development, protect existing neighborhoods and community character, ensure consideration of infrastructure capacity, and support the City’s longterm land use, environmental, and community development objectives; and WHEREAS, the City Council further finds that the proposed amendment will provide a clear regulatory framework for identifying AI Data Centers and will assist the City in maintaining appropriate separation between potentially intensive computing facilities and land uses that may be sensitive to noise, emissions, utility demands, and other operational impacts; and
WHEREAS, the City Council has determined that adoption of this Ordinance is necessary and appropriate to protect the public health, safety, and welfare and to establish clear and consistent land use regulations addressing the unique characteristics of AI Data Centers; and
WHEREAS, the City Council has considered the proposed amendment to Appendix A - Index of Primary Uses of Title 17, the staff report, recommendations, testimony, evidence, and all other information presented at the duly noticed public hearing; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred, and the City Council duly considered all evidence presented in connection with its consideration of this Ordinance.

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

Page 52 of 653 ends

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

SECTION 2. AMENDMENT TO APPENDIX A – INDEX OF PRIMARY USES.

Appendix A (Index of Primary Uses) of Title 17 of the Montebello Municipal Code is hereby amended as follows (New Language is underlined and deleted text (stricken):

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Appendix A

INDEX OF PRIMARY USES
(Temporary Use Permits Required—Refer to Chapter 12.16 for Temporary Uses) Numbered footnotes appear at the end of this appendix
ZONE
(R = Use by right; C = Conditional use permit; blank = not permitted) USE
R-A R-1 R-2 R-3 R-4 C-R C-1 C-2 C-M M-1 M-2
Access to Property C C C C
Accessory Dwelling Unit55 R R R R R
Acetylene Storage R R
Acid Manufacture C
Addressograph Service R R R
Adult Business (see
Chapters 17.60 and 5.76)
R R
Advertising, Outdoor (Offpremises) R R
Agricultural Equipment,
Sale or Rent
R R
Agricultural or
Horticultural Growing
Grounds1

C C C C C C
Air Pollution Station C C C C C C C C C C C
Airports and Heliports C
2 C C
Alcohol, Manufacture of R
Ambulance Service C R R R
Ammonia, Manufacture
of
R
Ammunition,
Manufacture of
C C
Amusement Arcades (see
Chapter 17.66)
C C
Amusement Parks C C C C
Animal Shelter R R
Antique Shops, Retail R R R R
Appliance Sales & Repairs
(Household & Small
Appliances)

R R R R
Aquariums C C C C C C C C C C C
Artificial Intelligence (AI)
Data Centers65
Asphalt Refining or
Asphalt Mixing Plants
C
Assembly Buildings &
Uses

C C C C C
Athletic Fields C C C C C C C C C C C
Auditoriums C C C C C C C C C C C

Page 54 of 653 ends

Auto & Motorcycle Repair
Garages
C R R
Auto
Wrecking/Dismantling
Yard
C
Autobody Repair C R R
Automobile Rental
Agencies

C R R R
Automobile Sales, New &
Used

C R R R
Bakery, Retail R
3 R
4 R R R
Banks R R R R
Barber, Beauty Shops &
Cosmetologists

R R R R R
Barrels, Storage of C
Bars/Cocktail Lounges5 C C
Beacons, Direction
Devices, Stations

C C C C C C C C C C C
Bird Raising C C C C C R R R
Blast Furnaces or Coke
Ovens
C
Body Art Establishments62 C C C C
Book Stores R R R R
Borrow Pits (quarries) C C C C C C C
Bottling Plants R R
Bowling Alley C C C C
Box, Manufacture of R R
Breweries R
Brick, Tile, Etc.,
Manufacture of
R
Brushes, Manufacture of R R
Building Materials Sales R R R
Building Materials Storage
Yards
R R R
Burial Casket Sales R R R
Cabinet Shops R R R
Camps C C C C C C C C C
Cannabis Cultivation Site63 C C
Cannabis Manufacturing
Site63
C C
Cannabis Testing
Laboratory63
C C
Cannabis Distributor63, 64 C C
Cannabis Delivery-Only
Retailer63
C C
Candles, Manufacture of R R
Candy & Confectionary
Stores (with incidental
manufacturing)

R R R R
Candy Manufacture R R R

Page 55 of 653 ends

Canvas Manufacture R R
Carnival, Circus or Fair6 C C
Carpet Cleaning Plant R R R
Carwashes C C C C
Casein Production (except
glue)
R R
Catering Service R
Catering Truck Service
Yard (Heavy Trucking)56
R
56 R
56 Cellophane Products
Manufacture
R R
Cement, Lime, Gypsum or
Plaster of Paris
Manufacture
C
Cemetery C C C C C C C C C C C
Ceramics Manufacture R R R
Charitable Bins &
Depositories

C C C C C C
Child Care Centers (see
Day Nurseries)7

C C C C C C C C C C C
Children's Homes C C C C C C C C C
Churches, Temples, Etc. C C C C C C C C C C C
Cigar Manufacture R R
Cigarette Manufacture R R
Clocks, Manufacture of R R
Clothing Rental R R R R
Clubs, Private C C C C
Coffee Roasting R R
Coffins, Manufacture of R R
Coins, Purchase and Sales R R R R
Cold Storage Plants R R
Columbariums,
Crematoria, Mausoleums
C C C
Commercial Incinerators C C
Communications
Equipment
R R R
Concrete Manufacture R
Construction Equipment
Storage Yard, Temporary8

R R R R R R R R R R R
Contractor's Equipment
Storage Yard
R R R
Convalescent Hospitals C C C C C C
Convents & Monasteries C C C C C
Cork Products R R
Corrugated Paper
Products Manufacture
R R
Cosmetic Manufacture R R R
Costume Design Studios C R R R
Costume Rentals R R R R

Page 56 of 653 ends

Courts, Badminton,
Tennis, Etc.

C C C C C C C C C C C
Cutlery Manufacture R R
Dairy Products,
Manufacture
R R
Dairy Stores R R R R R
Dairy Stores, Drive-In9 R R R R R
Dance Pavilion, Outdoor C C
Dance Studios C R R R
Dancehalls C C C C
Delicatessen R
10 R R R R
Dental Clinic C R R R
Distillation of Bones C
Distribution Plants R R
Drive-In Establishments11 R
10 R R R R
Drive-In Restaurants11 R R R R
Drive-In Theaters C C C C
Drop-Forge Industry C
Drugs, Manufacture &
Wholesale
R R
Drugstores R R R R R
Dry Cleaning &
Laundering, Retail & SelfService
R
12 R R R R
Dry Cleaning Plant R R R
Dry Goods Manufacture R R
Dwellings, Caretaker R
13 R R
Dwellings R R R R R R
14 R
14 Dumps C
Educational Institutions C C C C C C C C C C C
15 Egg Candling R R
Electrical Distribution
Substations

C C C C C C
16 C
16 C
16 C
16 C C
Electronic Instruments R R R
Electronic or Neon Sign
Manufacture
R R
Emergency Shelters R
61 Employment Agencies R R R R
Enamel Products, Painted
& Baked
R R
Engines, Manufacture R R
Engraving, Machine Metal R R
Equestrian Establishments C C C C C
Equipment Rentals/Sales R
17 R R R
Escort Bureaus R R R R
Explosives, Manufacture
& Storage
C

Page 57 of 653 ends

Fabrication of Articles
From Previously Prepared
Materials
R
18 R R
Family Care Services for 7
or More Persons
(convalescing mental
patients)

C C C C C
Fast Food Restaurant11 ,
51 R
10 ,
52 R
52 R
52 R
52 R
52 Fat Rendering C
Feather Products,
Manufacture of
R R
Feed & Fuel Yards R R
Feed & Grain Sales R R R
Fertilizer, Manufacture of C
Fiber Products R R
Finance Companies &
Institutions

R R R R
Fire Prevention
Equipment Sales &
Service
R R R
Fish Hatcheries R R R
Fishing & Casting Ponds C C C C
Fixtures, Gas & Electric,
Manufacture of
R R
Fleet Services (service
vehicles, limousines)
R R R
Floor Covering, Retail R R R R
Florist Shops R R R R
Flour Mills R R
Food, Prepared, Sale of R R R
Food Products,19
Manufacturing &
Processing of
R R
Fortunetelling C C
Frozen Food Lockers R R R
Fruit & Vegetable Canning R R
Fur Products,
Manufacture of
R R
Furniture, Manufacture of R R
Furniture Stores R R R R
Furniture, Transfer &
Storage
R R R
Furrier Shops R R R R
Garbage, Etc., Reduction C
Garden Supplies R R R R
Garment Manufacturing
(see Fabrication)
R R
Gas Engines, Retail Sales
& Service
R
20 R R R

Page 58 of 653 ends

Gas Manufacture &
Storage
R
Glass & Mirrors, Retail R
21 R R R
Glass, Production of R R
Glass Studios R R R
Gloves, Manufacturing R R
Golf Course, Driving
Range, & Clubhouse

C C C C C C C C C C
Grocery Store R
53 R
53 R
53 R
53 R
53 Guesthouses/Accessory
Buildings

C C C C C
Gunsmith & Gun Shops R R R R
Gymnasiums C R R R
Gypsum, Manufacture of R
Hair Products,
Manufacture of
R R
Hardware Stores R R R R
Hat Cleaning & Blocking R R R
Hatcheries, Chicken R R
Health Food Stores R R R R
Heating Equipment,
Manufacture of
R R
Hobby Supply Shops R R R R
Home & Business
Maintenance Service
R
22 R R
Home Appliance Repair
Shops
R R R
Home Occupation R
60 R
60 R
60 R
60 R
60 Homes for Senior Citizens
& Handicapped23

C C C C C
Horn Products,
Manufacture of
R R
Horses, Boarding &
Raising
C
Hospitals C C C
Hospitals, Convalescent &
Nursing

C C C C
Hospitals, Mental C C C
Hotels24 R R R R
Ice & Cold Storage Plants R R
Ice Cream Manufacturing R R R
Ice Cream Parlors R R R R
Ice Sales (not plants) R R R R
Ink Manufacturing R R
Interior Decorating Shops R R R R
Iron, Etc., Foundry C
Iron, Steel, Etc.,
Fabrication
R
Iron Works (not foundry) R R

Page 59 of 653 ends

Jewelry, Manufacture of R R R
Junk Dealer (junkyard,
also auto or truck
dismantler)
C
Kennel25 R R R
Knitting Mills R R
Labor Hall C C C
Laboratories (medical or
dental)

C R R R
Laboratory, Biomedical,
Film, Etc.

R R R
Land Reclamation Projects C C C C C C C C C C C
Lapidary Shops, Retail R R R R
Laundromats R R R R R
Lawnmowers, Retail &
Service

R R R R
Liquor Stores C C C C
Lithographic Service C R R R
Locksmith R R R R
Lumber Yards26 R R R
Machinery & Tools, Retail R R R
Machine Shops R R
Machinery Storage R R
Mail-Order House R R R
Manufacturer's Agent or
Representative

R R R R
Manufacturing Assembly,
Etc.

R
27 R R
Markets, Food R R R R R
Markets, Wholesale &
Jobbers
R R R
Massage Parlors (see Part
VI, B)

C C C C
Mattress Manufacture R R
Medical Clinics C R R R
Medical Equipment, Sales R R R
Medicines, Manufacture
of
R R
Menageries C C C C C C C C C C C
Metals, Manufacture, Etc. R
28 R R
Metal Plating C C
Microwave Towers C C C C C C C C C C C
Mills, Planing, Etc. R R
Mini-Mart9,54 R
52 R
52 R
52 R
52 R
52 Mobile Home Parks C C
Mobile Homes, Offices29 C C C C
29 C
29 C
29 Mobile Homes, Sales &
Rental
R R R

Page 60 of 653 ends

Mobile/Manufactured
Homes (dwellings)30

R R R R
Mortuaries & Funeral
Parlors

C R R R
Motel/Hotel31 R R R R
Motion Picture Studios
(outdoor sets prohibited)
R R R
Motorcycle Sales C R R R
Motors, Electric,
Manufacture of
R R
Music Schools & Studios C R R R
Music Stores R R R R
Musical Instruments,
Manufacture of
R R
Natural Mineral
Resources32

C C C C C C
Newspaper Distribution R R
Newspaper Printers C R R R
Novelties, Manufacture of R R
Nurseries R
33 R R R
Nursery Growing Grounds C C C C C R R R
Observatories C C C C C C C
Office Equipment &
Supplies Retail Sales &
Rental

R R R R
Offices, Business &
Professional

R R R R R R
Oil & Gas Production35 R R R R R R R R R R R
Oil Cloth or Linoleum
Manufacturing
R
Oil Extraction Plants C
Optical Manufacturing R R R
Orthopedic Devices, Sales R R R R
Outdoor Storage Areas R R
Packaging Business R R R
Paint Mixing36 R R
Paint, Oil, Shellac, Etc.

Manufacture of
R
37 Paper Products, Cutting,
Embossing and Folding

C R R R
Paper Pulp, Manufacture
of
C
Parcel Delivery Stations R R R
Parking, Off-Street C
38 C
38 C
38 C
38 C
38 C C R R R R
Pawnshop R R R
Perfume, Manufacture of R R
Pest Control Operators R R R
Pet Shop/Grooming R R R R
Petroleum Refining C

Page 61 of 653 ends

Petroleum Storage R
Phonograph Records,
Manufacture of
R R
Photocopying Shops R R R R
Photoengraving &
Finishing
R R R
Photofinishing, Retail R R R R
Photography Studios R R R R
Physical Fitness Parlors C R R R
Plaster of Paris,
Manufacture of
C
Plastic, Fabrication &
Molding
C R
Plumbing Shops & Supply
Yards
R R R
Plumbing Supplies, Retail R R R R
Pool & Billiard Halls C C C C
Postal Service R R R R
Pottery, Manufacture of R R
Pottery Stores R
39 R R
Prefabricated Buildings
Manufacture
R R
Press Forges, Upset &
Drop
C
Printers C R R R
Public Utilities Business
Office

R R R R R R
Public Utilities, Operated
by Mutual Agencies

C C C C C C C C C C C
Public Utilities, Service
Yards
R R
Racetracks & Rodeos C C C C
Radio & Television
Broadcasting Studios
R R R
Radio & Television Stores R R R R
Radio & TV Transmitter &
Receivers, Commercial

C C C C C C C C C C C
Recording Studios R R R
Recreational Facilities &
Playgrounds

C C C C C C C C C C C
Recycling, Construction &
Demolition (C&D)
Facility40
C
40 C
40 Recycling, Public
Collection Facility40
R
40 R
40 R
40 R
40 Recycling, Facility40 C
40 C
40 Reducing Salons C R R R
Restaurants R R R R
Restaurants, Bona Fide51 R
52 R
52 R
52 R
52

Page 62 of 653 ends

Restaurants, Fast Food11,
51 R
10,
52 R
52 R
52 R
52 R
52 Retail Stores R R R R
Rock Crushing or
Distribution
C
Roofing & Roofing Tile
Manufacture
R R
Rope Manufacture R R
Rubber Fabrication R R
Rubber
Manufacture/Reclamation
C
Rug, Manufacture of R R
Sash & Door Manufacture R R
Scales, Public R R R
Schools, (Commercial) &
Studios

C R R R
Scientific Instruments,
Manufacture
R R R
Scientific Instruments
(Sales & Retail)

R R R R
Secondhand Stores C
41 R R R
Service Stations42 C C C C
Sewage Disposal Plants C
Sheet Metal Shops R R
Shoe Repair Shops R R R R
Shoe Shine Stands R R R R
Shoes, Manufacturing R R
Sign Shops R R R
Significant Tobacco
Retailer59

C C C C C
Silk Screen Shops R R R R
Slaughterhouse C
Smelting of Tin, Copper,
Etc.

C
Soap Manufacturing, Cold
Mix Only
R R
Soda & Compound
Manufacturing
R
Soft Drink Manufacturing
& Bottling
R R
Solid Fill Projects C C C C C C C C C C C
Specialty Food Store R
53 R
53 R
53 R
53 R
53 Springs, Manufacturing R R
Stained Glass Assembly R R R
Stationary Stores R R R R
Stationary Manufacturing R
Steam Electric Generating
Stations
R
Stone Monuments &
Tombstones
R R

Page 63 of 653 ends

Stones, Precious, Etc.,
Manufacture
R R R
Storage of Sand, Gravel,
Etc.

C
Storage of Transit
Equipment
C
Storage of Vehicles
(capacity under 2 tons)
R R R
Storage or Baling of Rags,
Etc.

C
Store Fixtures,
Manufacture
R R
Stove or Shoe Polish
Manufacture
R
Substance Abuse
Treatment Center,
Residential &
Nonresidential

C C C C
Supermarket R
53 R53 R53 R53 R53
Swimming Pool
Equipment Sales

R R R R
Tailor Shops, Retail R R R R
Takeout Food Stores (No
eating on premises)43

R R R R R
Tank Farms C
Tanneries C
Taxidermists R R
Telephone Answering
Service

R R R R R R
ZONE
(R = Use by right; C = Conditional use permit)
USE
R-A R-1 R-2 R-3 R-4 C-R C-1 C-2 C-M M-1 M-2
Telephone Repeater
Station

C C C C R R
Temporary Storage Fills44 R R R R R R R R R R R
Terminals & Stations,
Taxi, Bus, Limousines,
Etc.

C C C
Testing Labs, Medical,
Biochemical, Film
R R R
Textiles, Manufacturing R R
Theaters C C C C
Tile Manufacturing R R
Tile Sales R R R R
Tire Rebuilding R R
Tire Sales & Service C R R

Page 64 of 653 ends

Toiletries, Manufacture
of
R
45 R R
Tools, Manufacture of R R
Toys, Manufacture of R R
Trading Stamp
Redemption Stores

R R R R
Trailers, Sales R R R
Transfer, Moving &
Storage56
Prohibited in all zones 11/22/89. R
56 Transmitters, Radio &
Television Commercial

C C C C C C
Truck Repairing46 R R
Truck/RV Storage Yard56 R
56 R56
Truck Sales & Rentals C
47 R R R
Truck Storage, Washing
& Cleaning48
C
Truck Terminals, Draying
or Freight56
R
56 R56
Truck, Trailer Rental (less
than 2 tons)

C R R R
Truck Transportation
Yard56
R
56 R56
Truck Washing &
Cleaning (Heavy
Trucking)56
R
56 R56
Type Printers,
Manufacture of
R R
Typewriters, Sales &
Repair

R R R R
Upholstery Shop R
49 R R R
Vehicle Impound Yards C
50 R
Vending Machines, Sales
& Service
R R R
Venetian Blinds,
Manufacture of
R R
Veterinarian R R R R
Vitamin Tablets,
Manufacture of
R R
Warehouses R R R
Water Reservoirs C C C C C C C C
Wedding Chapels C C C C
Welding Equipment &
Supplies
R R R
Welding Shops R R
Wholesale Business R R R
Wine Storage R R
Wineries C
Wire Fabrication R R R
Wood Products
Manufacturing
R R

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Wool Pulling or Scouring R
Yarn Products
Manufacture
R R
Zoos C C C C C C C C C C C
Footnotes for Appendix A:

1. Days and hours of operation must be established through the conditional use permit.

2. Heliports only.

3. No baking on premises.

4. Wholesaling in conjunction with retail permitted with conditional use permit.

5. Over twenty-five percent of gross floor area of the building used by the primary use.

6. See Temporary Use Permits, Chapter 12.16.

7. By right if under fifteen children in R-zones.

8. If not on same lot as construction project to which it relates, requires conditional use permit in R-zones. Also permitted on abutting lots during construction and for thirty days thereafter in C- and M-zones.

9. Requires a conditional use permit if building is within one hundred feet of a lot line classified as any R-zone.

10. With no restaurant seating.

11. Conditional use permit required if building is located within one hundred feet of a lot line of any lot classified in any of the Rzones.

12. No plant.

13. See specific zones for more detail (Section 17.30.020 (B) (2)).

14. See Section 17.28.020 (B) (7).

15. No preschools, primary, junior or high schools.

16. Including microwave facilities not to exceed thirty-five feet in height.

17. Excluding medical, industrial and agricultural equipment.

18. Materials include bone, canvas, cloth, felt, fur, glass, leather (except machine belting), paper, plastic, shell, textiles, wire and yarn.

19. Excluding manufacturing and processing of pickles, vinegar, lard and sausage.

20. Three-horsepower or less.

21. Excluding auto glass and mirrors.

22. Accessory outdoor equipment storage must be screened.

23. Including rest homes.

24. See Section 17.22.200.

25. Within an enclosed building.

26. No planing mills allowed in C-M zone. Burning operations permitted only in M-1 and M-2, subject to conditional use permit.

27. See fabricating.

28. Precious or semiprecious metals only.

29. Temporary use permit permitted if use is for ninety days or less. Conditional use permits are subject to conditions of approval which include, but are not limited to, a specified expiration date and physical improvements needed to address public improvements, maintenance and aesthetics.

30. See Chapter 17.14 of this code.

31. See Section 17.22.200.

32. Except petroleum production.

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33. Retail sales only.

34. Provided that the property has only one previously existing single-family dwelling unit, and subject to the relevant design and development standards.

35. See Chapters 17.44 and 17.56 of this code.

36. No boiling or tank farms. Above-surface storage limited to two hundred gallons.

37. Conditional use permit required if boiling process used.

38. See Section 17.10.210 (D).

39. No kilns or manufacturing.

40. See Chapter 17.64 of this code.

41. The following criteria shall apply as guidelines to the discretionary review of applications to establish second-hand stores subject to a conditional use permit in the C-2 zone:

A. Second-hand stores shall be allowed only if they have an appearance and are operated in a manner compatible with a thriving, stable and attractive commercial district conducive to retail shopping; B. Second-hand stores shall utilize marketing and merchandise display techniques generally comparable to those used by retail stores selling only new merchandise. To evaluate this criteria, plans including but not limited to, an interior layout and design plan, building elevations, sign plan, window display plan, and an exterior and an interior lighting plan shall be submitted with the conditional use permit application;
C. All merchandise, except for items such as furniture and large appliances, shall be displayed on standard retail shelves and/or racks, and all merchandise shall be kept in a neat and organized manner; D. In order to avoid an over-concentration of second-hand stores in any one area of the C-2 zone, second-hand stores shall generally be separated from one another by a distance of at least one thousand feet.

E. Six months after a CUP has been issued and a second-hand store has commenced operation, the city staff shall conduct a review of the business to ensure its compliance with the zoning code and the conditions of its use permit.

42. Or any use within a converted or existing service station.

43. See Drive-In Establishments.

44. Requires a grading permit. If over six months, also requires a conditional use permit.

45. Excluding soap manufacture.

46. Applies to trucks with a carrying capacity of two tons or more.

47. Including service and limited to two tons.

48. Applies to trucks with a carrying capacity of two tons or more.

49. Excluding automobile upholstery.

50. All impounded vehicles shall be stored and screened from exterior view within an enclosed building if any portion of the property upon which any impounding occurs is located within five hundred feet of a lot line of any lot classified in any of the R-zones.

51. If alcoholic beverages are or are proposed to be sold, served or given away for consumption on the premises that is licensed, or proposed to be licensed by the California State Department of Alcoholic Beverage Control, refer to Chapter 17.61 of this code.

52. Conditional use permit may be required. Refer to Chapter 17.61 of this code.

53. If alcoholic beverages are to be sold for off-sale consumption, and the establishment has a floor area of less than ten thousand square feet, and/or more than twenty percent of the establishment's retail floor area is dedicated to the sale of alcoholic beverages, a conditional use permit shall be required. Refer to Chapter 17.61 of this code.

54. Does not apply to mini-marts in conjunction with a service station.

55. Accessory dwelling units are subject to the development standards set forth in Section 17.10.280.

56. See Chapter 17.37 of this code.

57. Reserved.

58. Reserved.

59. See Chapter 17.63.

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60. See Chapter 17.59 of this code.

61. Creation of an Emergency Shelter Overlay Zone with a specific area of the City where an emergency shelter is permitted by right within the underlying M-1 zone.

62. Body art establishment shall not be located within five hundred feet of another existing body art establishment, and shall not be located within one thousand feet of the following sensitive uses: a single-family detached dwelling; public or private elementary, intermediate, or high school; places of religious assembly; libraries; public parks; or any city-owned facility.

63. Establishment of a cannabis cultivation site, cannabis manufacturing site, cannabis testing laboratory, cannabis distributor, or cannabis delivery-only retailer, or any combination of the foregoing, is subject to the approval of a development agreement by the city, a conditional use permit, and the provisions of Chapter 5.90 and Title 17.

64. Cannabis distributors shall only be allowed by operators of a cultivation site, cannabis manufacturing site, cannabis testing laboratory (unless prohibited by state law), or delivery-only retailer that has been approved by the city pursuant to this title and Chapter 5.90. No establishments engaging exclusively in distribution activities shall be permitted.

65. Artificial Intelligence (AI) Data Centers shall be prohibited in all zoning districts throughout the City.

SECTION 3. GENERAL PLAN CONSISTENCY. The City Council hereby finds and determines that the amendments adopted by this Ordinance are consistent with the goals, policies, objectives, and implementation measures of the City’s General Plan. The amendments promote orderly and compatible land use development, protect existing and planned land uses from potentially incompatible intensive uses, recognize infrastructure capacity and environmental considerations, and support the City’s long-term objectives concerning public health, safety, community character, environmental quality, and responsible land use planning.

The City Council further finds that establishing a specific definition and classification for AI Data Centers, together with a citywide prohibition, provides a clear and predictable regulatory framework consistent with the City’s authority to regulate land uses and protect the public health, safety, and welfare.

SECTION 4. CEQA. The City Council hereby determines and finds that the amendments adopted by this Ordinance are not a “project” subject to CEQA pursuant to CEQA Guidelines Section 15378 because the amendments do not have the potential to result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. The City Council further determines that the proposed amendments are exempt from CEQA pursuant to the commonsense exemption under CEQA Guidelines Section 15061(b)(3), because it can be seen with certainty that there is no possibility that the proposed amendments may have a significant effect on the environment.

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portions of this Ordinance, and each and every individual section, subsection, line, sentence, clause, phrase, or word without regard to any such decision.

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

SECTION 7. PUBLICATION. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published or posted according to law.

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________
Christopher Jimenez, City Clerk

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ATTACHMENT D
ORDINANCE NO. 2492

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MONTEBELLO, CALIFORNIA, AMENDING CHAPTER 17.08 (DEFINITIONS) OF TITLE 17 OF THE

MONTEBELLO MUNICIPAL CODE TO UPDATE THE DEFINITION OF ACCESSORY

DWELLING UNIT (ADU) AND ESTABLISH A DEFINITION FOR JUNIOR ACCESSORY

DWELLING UNIT (JADU) TO COMPLY WITH APPLICABLE STATE LAW, AND TO

ESTABLISH A DEFINITION FOR ARTIFICIAL INTELLIGENCE DATA CENTERS WHEREAS, the City of Montebello ("City") is a municipal corporation duly organized and existing under the laws of the State of California and has the authority to adopt ordinances regulating land uses and development within the City pursuant to its police power and applicable provisions of California law; and
WHEREAS, Title 17 of the Montebello Municipal Code (“MMC”) establishes the City's zoning and land use regulations, including Chapter 17.08, which contains definitions applicable to the City's zoning regulations; and
WHEREAS, Section 17.08.022 of the Montebello Municipal Code currently establishes a definition for “Accessory Dwelling Unit” (“ADU”); and
WHEREAS, California law establishes requirements and statutory definitions governing the development and regulation of ADUs and Junior Accessory Dwelling Units ("JADUs"), and local zoning regulations should be maintained in a manner consistent with applicable State requirements; and WHEREAS, the City's existing definition of “Accessory Dwelling Unit” does not fully reflect the terminology and requirements contained in current California State law; and WHEREAS, the City's Municipal Code does not currently establish a corresponding definition for a “Junior Accessory Dwelling Unit”, creating potential ambiguity regarding the identification and treatment of JADUs under the City's zoning regulations; and
WHEREAS, a JADU is a distinct type of residential unit recognized under California law and is subject to requirements that distinguish it from a conventional ADU, including requirements concerning its location within or attached to an existing or proposed single-family dwelling, its size, kitchen facilities, and relationship to the primary dwelling; and
WHEREAS, updating the definition of an ADU and establishing a definition for a JADU will provide greater clarity to property owners, applicants, design professionals, City staff, decision-makers, and the public, while promoting consistency between the City's Municipal Code and applicable State law; and WHEREAS, the City Council desires to amend Section 17.08.022 to update the definition of “Accessory Dwelling Unit” and establish a definition for “Junior Accessory Dwelling Unit” that is consistent with applicable State law; and

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WHEREAS, the City is also experiencing increasing interest in facilities devoted to high-density computing, data processing, artificial intelligence ("AI"), machine learning, and related computational activities; and
WHEREAS, the City's Municipal Code does not currently contain a specific definition for an Artificial Intelligence Data Center ("AI Data Center"); and WHEREAS, the absence of a specific definition may create uncertainty concerning whether a proposed facility principally engaged in AI computing, model training, machine learning, inference, data processing, or related computational activities constitutes a data center or another use under the City's zoning regulations; and
WHEREAS, establishing a definition for an AI Data Center will provide a clear and consistent basis for identifying facilities that fall within this use category and will assist property owners, applicants, City staff, the Planning Commission, and the City Council in applying the City's zoning regulations; and WHEREAS, the City Council desires to add Section 17.08.081 to Chapter 17.08 of the Montebello Municipal Code, to establish a definition for “Artificial Intelligence Data Centers”; and WHEREAS, the proposed amendments are intended to establish definitions only and do not, by themselves, authorize AI Data Centers in any particular zoning district, establish development standards for AI Data Centers, or supersede any applicable zoning, building, fire, environmental, utility, electrical, noise, or other regulatory requirements; and
WHEREAS, the proposed amendments to Chapter 17.08 are consistent with the City's General Plan and applicable State law and are intended to improve the clarity, internal consistency, and administration of the City's zoning regulations; and
WHEREAS, the City Council has considered the proposed amendments, the staff report and recommendations, public testimony, and all other evidence presented to the City Council concerning this Ordinance; and
WHEREAS, the City Council finds that the amendments adopted by this Ordinance are appropriate and necessary to maintain clear, current, and internally consistent definitions within the City's zoning regulations and to provide consistency with applicable State law; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred, and the City Council duly considered all evidence presented in connection with its consideration of this Ordinance.

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

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

SECTION 2. AMENDMENT – SECTION 17.08.022. Section 17.08.022 of Chapter 17.08 of Title 17 of the Montebello Municipal Code is hereby amended and restated to read as follows (Deletions in strikethrough and additions in underline):

17.08.022 – Accessory dwelling unit.

A. "Accessory dwelling unit" means an independent dwelling unit located in any of the residential zones, and in the case of single-family zoning districts (R-1 and R-A zones), on a lot that has only one previously-existing single-family dwelling unit prior to the addition of the accessory dwelling unit which is smaller than and visually subordinate to the previously existing singlefamily dwelling unit, and which may be an internal remodeling of, or attached to or detached from the previously existing single-family dwelling unit. Accessory dwelling units may also be referred to as "second dwelling units" within this title, and both terms may be used interchangeably herein. will have the meaning set forth in Government Code § 66313 (a), which states: an attached or a detached residential dwelling unit that provides complete independent living facilities for one (1) or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following: (a) an efficiency unit; as defined in Section 17958.1 of the Health and Safety Code; or (b) a manufactured home, as defined in Section 18007 of the Health and Safety Code. An accessory dwelling unit may also be referred to in this code as an “ADU.”
B. “Junior accessory dwelling unit” means a dwelling unit that is no more than five hundred (500) square feet of interior livable space in size and contained entirely within a single-family residence. A junior accessory dwelling may include separate sanitation facilities or may share sanitation facilities with the existing structure. A junior accessory dwelling unit may also be referred to in this code as a “Junior ADU.” A JADU shall comply with the requirements of Government Code Section 66333.

SECTION 3. NEW SECTION 17.08.081 – ARTIFICIAL INTELLIGENCE DATA CENTER.

Chapter 17.08 of Title 17 of the Municipal Code is hereby amended to add Section 17.08.081, to read as follows:

17.08.081 – Artificial Intelligence (AI) Data Center
“Artificial Intelligence (AI) Data Center” means a building, structure, or portion thereof primarily used to house computer servers, hyperscale data centers, networking equipment, and related infrastructure designed to support artificial intelligence workloads, data storage systems configured for high-performance computing, cloud computing, large-scale data processing operations, machine learning operations, or any data center relying on advanced technology.

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SECTION 4. GENERAL PLAN CONSISTENCY. The City Council finds that the amendments adopted by this Ordinance are consistent with the City's General Plan because the amendments establish and clarify terminology used in the City's zoning regulations, promote consistency between the Municipal Code and applicable State law regarding ADUs and JADUs, and establish a clear definition for a specialized technology-related land use without independently authorizing that use in any zoning district.

SECTION 5. CEQA. The City Council hereby determines and finds that the amendments adopted by this Ordinance are not a “project” subject to CEQA pursuant to CEQA Guidelines Section 15378 because the amendments do not have the potential to result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. The City Council further determines that the proposed Text Code Amendments are exempt from CEQA pursuant to the commonsense exemption under CEQA Guidelines Section 15061(b)(3), because it can be seen with certainty that there is no possibility that the proposed amendments may have a significant effect on the environment.

SECTION 6. SEVERABILITY. If any action, subsection, line, sentence, clause, phrase, or word of this Ordinance is for any reason held to be invalid or unconstitutional, either facially or as applied, by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, and each and every individual section, subsection, line, sentence, clause, phrase, or word without regard to any such decision.

SECTION 7. EFFECTIVE DATE. This Ordinance shall become effective thirty (30) days after approval by the City Council.

SECTION 8. PUBLICATION. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published or posted according to law.

PASSED, APPROVED AND ADOPTED this XX day of [MONTH], 2026.

_______________________________
Georgina Tamayo, Mayor
ATTEST:
_______________________________
Christopher Jimenez, City Clerk
APPROVED AS TO FORM:
_____________________________

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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 XXth day of [Month], 2026, and was adopted by the City Council of the City of Montebello at its meeting held on the XXth day of [Month], 2026 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

_________________________
Christopher Jimenez, City Clerk

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ATTACHMENT E

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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: Cesar Roldan, Director of Public Works
SUBJECT: RESOLUTION NO. 26-70 DESIGNATING W. VICTORIA AVENUE FROM MORRIS PLACE TO N. WILCOX AVENUE A PREFERENTIAL PARKING

DISTRICT
DATE: October 14, 2026
RECOMMENDATIONS:

It is recommended that the City Council:

1. Staff recommend the City Council adopt Resolution No. 26-70 establishing W.

Victoria Avenue from Morris Place to N. Wilcox Avenue as a Preferential Parking District; and

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

FISCAL IMPACT:

The estimated cost to fabricate and install the proposed parking permit signs is $1,500.

Funding is available in the Public Works Department’s Fiscal Year 2026–27 Maintenance and Operations budget for traffic signage and maintenance.

BACKGROUND/DISCUSSION:

On September 28, 2026, the Traffic and Safety Commission considered staff’s recommendation to designate a Preferential Parking District on West Victoria Avenue between Morris Place and North Wilcox Avenue. The staff report described a residentinitiated petition submitted on July 21, 2026, with the required fees and verified signatures from households along the affected street segment (Attachment A). Residents reported that overflow parking from nearby commercial properties and apartment buildings has reduced parking availability on their street. The petition requests parking restrictions from 6:00 p.m. to 6:00 a.m. daily, with permit holders exempt from those restrictions (Exhibit

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CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 14, 2026

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A).

Staff evaluated the request under Montebello Municipal Code Section 10.36, including the criteria for resident support, on-street parking availability, off-street parking deficiency, district size, and traffic impacts. Staff also mailed meeting notices to residents and property owners along the affected street segment (Attachment B).

Exhibit A: Parking Restrictions from 6:00 P.M. to 6:00 A.M.

ENVIRONMENTAL:

N/A
ANALYSIS:

Residents in the study area have expressed ongoing concerns regarding limited on-street parking availability resulting from spillover parking associated with nearby commercial, institutional, and mixed-use developments. In response, the Public Works Department initiated a preliminary review to determine whether conditions meet the thresholds required to establish a Preferential Parking District.

Montebello Municipal Code (“MMC”) Section 10.36 outlines the process for establishing preferential parking districts in response to issues related to insufficient or impaired onstreet parking. Below is a summary of the process and criteria required to establish a preferential parking district:

1. Initiating a preferential parking district:

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a. A request for the designation of a preferential parking district may be initiated by a petition that has been signed by affected residents in the area. b. Once a petition is submitted, the Traffic and Safety Commission must hold a public meeting to assess whether the area meets the specific designation criteria.

2. Criteria for Designation:
a. The Commission or City Council must evaluate the following factors when deciding on the establishment of a preferential parking district:

3. Resident Desire and Need:
a. The level of support and need for permit parking from the residents in the affected area.
b. On-Street Parking Availability: The availability of legal on-street parking spaces for residents.

4. Off-Street Parking Deficiency:
a. The extent to which residents’ vehicles cannot be accommodated by available off-street parking.
b. Area Size and Traffic Impact: The configuration and size of the area and how the establishment of the district might impact parking and traffic congestion in the area and neighboring areas.

5. Alternative Measures:
a. Whether alternative solutions, like stricter parking restrictions or enforcement, could address the parking issue more effectively. b. Area Coverage: The designated area must encompass at least one full block, including both sides of the street (MMC 10.36.020(B)).

6. Recommendation and Adoption:
a. After holding a public meeting, the Commission provides a recommendation to the City Council.
b. The City Council then has the authority to formally designate the area as a preferential parking district by adopting a resolution (MMC 10.36.030).

Staff concluded that the neighborhood meets the necessary criteria for establishment of a Preferential Parking District. The area comprises at least one full block as required, and residents have demonstrated both need and substantial support. Overflow parking generated by nearby commercial and mixed-use developments has resulted in consistent strain on available on-street parking. Alternative measures are insufficient to address the issue effectively.

After receiving staff’s presentation, reviewing evidence, and hearing any public comments, the Traffic and Safety Commission voted to approve staff’s recommendation and formally recommended City Council adoption of the Preferential Parking District.

Next Steps (Implementation of Preferential Parking District) Upon City Council adoption of Resolution No. 26-70, staff will initiate the formal implementation of the Preferential Parking District on W. Victoria Avenue (Morris Place to N. Wilcox Avenue). The following actions will be undertaken:

1. Installation of Permit Parking Signage

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CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 14, 2026

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a. Public Works will schedule fabrication and installation of the required “Preferential Parking District – Permit Required 6:00 p.m. to 6:00 a.m." signs. Installation is anticipated within 2–4 weeks from City Council approval

2. Notification to Residents and Property Owners
a. Parking Enforcement, in coordination with Public Works and Community Development, will issue written notices to all residences within the new district informing them of:
▪ Permit requirements
▪ Permit types available (Household and Visitor)
▪ Annual fees
▪ Application instructions
▪ Enforcement start date

3. Permit Issuance by Parking Enforcement Division
a. Following the posting of signage, residents may apply for Preferential Parking Permits through the Parking Enforcement Division. Consistent with City policy:
▪ Each qualifying parcel may receive four (4) permits per calendar year:
o Up to two (2) Household Permits
o Up to two (2) Visitor Permits
▪ Single-household parcels: Tenants apply directly.
▪ Multi-dwelling parcels: Property owners must apply first and allocate permits among tenants; tenants then submit their individual documentation.
b. Parking Enforcement will verify residency, property-owner authorization (if applicable), and required documentation before issuing permits.

4. Fee Processing
a. Residents will pay the annual $30 per-household permit fee (per calendar year), regardless of whether one or all four permits are issued. If needed, one replacement permit per parcel may be issued for a $5 fee, and the original permit will be invalidated.

5. Enforcement Activation
a. Parking Enforcement will begin issuing citations once:
▪ All signage is installed
▪ Residents have been notified
▪ A minimum 2-week transition period has passed

6. Ongoing Monitoring and Reporting
a. Public Works and Parking Enforcement will monitor parking conditions after implementation to ensure the district is functioning as intended and will address any operational issues or resident concerns.

SUMMARY:

Staff concurs with the Traffic and Safety Commission’s recommendation and finds that establishment of the preferential parking district is warranted based on documented

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parking conditions and resident support. Approval will allow staff to proceed with implementation of signage placement and enforcement.

ATTACHMENT(S)

1. Attachment A - Property Owners Petition Verification

2. Attachment B - Letter to Residents

3. Attachment C - Resolution No. 26-70

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September 15, 2026
NAME

ADDRESS
Subject: Notice of Traffic and Safety Commission Meeting – Proposed Preferential Parking District on Victoria Avenue between Morris Place and N. Wilcox Avenue
Dear Parcel Owner:

The City of Montebello Public Works Department hereby provides formal notice of an upcoming review by the Traffic and Safety Commission regarding a request to establish a Preferential Parking District (PPD) on Victoria Avenue between Morris Place and North Wilcox Avenue.

This matter will be considered at the next Traffic and Safety Commission meeting:

Date: September 28, 2026
Time: 6:00 p.m.

Location: City Council Chambers
1600 W. Beverly Boulevard, Montebello, CA 90640
Montebello Municipal Code Section 10.08.170 establishes the criteria, purpose, and implementation procedures for creating preferential parking districts within the City. The following key points summarize the most relevant provisions:
• Purpose: Preferential parking districts may be created in residential areas experiencing significant on-street parking intrusion by non-residents that adversely affects the neighborhood’s access, safety, or quality of life. • Eligibility Requirements: Establishment of a district may be considered when documented evidence shows substantial parking impacts, such as prolonged occupancy of curb space by non-resident vehicles or insufficient parking availability for residents.
• Authority: The Traffic and Safety Commission reviews requests for preferential parking districts and forwards recommendations to the City Council. Final approval lies with the City Council.
• Permit System: Once established, parking may be restricted to vehicles displaying City-issued permits during designated hours. The permit program aims to prioritize resident access to street parking while balancing broader neighborhood and traffic management considerations.
• Public Notification and Input: Property owners and residents within the proposed Attachment B

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district boundaries must be notified and provided with an opportunity to comment prior to any action. Community input forms an important part of the decisionmaking process.

Your involvement is important to the evaluation of this request. You are invited to attend the meeting to share comments, ask questions, and learn more about how a preferential parking district may affect parking conditions on Victoria Avenue between Morris Place and N. Wilcox Avenue.

If you cannot attend, written comments may be submitted on or before 12 pm on Monday, September 28, 2026 to the Public Works Department prior to the meeting. These comments will be included in the public record for consideration. For any questions or to submit written comments, please contact the Public Works Department via email at [email protected].

Thank you for your attention to this matter and for your ongoing engagement in City issues affecting the community.

Sincerely,
Cesar Roldan
Director of Public Works

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ATTACHMENT C
RESOLUTION NO. 26-70

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEBELLO DESIGNATING W. VICTORIA AVENUE BETWEEN MORRIS PLACE AND N. WILCOX

AVENUE AS A PREFERENTIAL PARKING DISTRICT
WHEREAS, residents of W. Victoria Avenue between Morris Place and N. Wilcox Avenue submitted a petition dated July 21, 2026, requesting establishment of a Preferential Parking District due to significant overflow parking from nearby commercial uses; and
WHEREAS, the Public Works Department verified signatures, collected required fees, and reviewed the request pursuant to Montebello Municipal Code (MMC) Section

10.36; and
WHEREAS, Staff determined the area satisfies MMC criteria for designation, including resident support, insufficient on‑street parking availability, off‑street parking deficiencies, and adequate district size; and
WHEREAS, on September 28, 2026, the Traffic and Safety Commission held a public meeting, evaluated the request, and unanimously recommended that the City Council approve establishment of the district; and

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

SECTION 1. The City Council hereby designates W. Victoria Avenue between Morris Place and N. Wilcox Avenue as a Preferential Parking District.

SECTION 2. Parking within the district shall be restricted from 6:00 PM to 6:00 AM daily, except holidays, unless otherwise modified by City Council action.

SECTION 3. City staff are authorized and directed to complete all actions necessary to implement the Preferential Parking District, including though not limited to:

1. Signage Installation
Fabricating and installing all required “Preferential Parking District – Permit Required 6:00 p.m. to 6:00 a.m.” signage.

2. Resident Notification
Providing written notice to residents and property owners within the district regarding permit requirements, application procedures, annual fees, permit categories, and the enforcement start date.

3. Permit Issuance Procedures
Coordinating with the Parking Enforcement Division to administer permits in accordance with City policy, including:

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RESOLUTION NO. 26-70

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o Up to four (4) permits per parcel each calendar year (2 household, 2 visitor).
o Application requirements for single-household parcels and multi-dwelling parcels.
o Annual permit fee of $30 per household, including all applicable City Council approved and authorized increases.
o Replacement permit procedures and related fees.

4. Activation of Enforcement
Initiating enforcement following installation of signage and completion of resident notification, including allowing an adequate transition period prior to issuing citations.

5. Monitoring and Evaluation
Monitoring parking activity within the district and coordinating with Parking Enforcement to address operational issues and ensure the district functions as intended.

SECTION 4. The City Clerk shall certify the passage and adoption of this resolution.

APPROVED AND ADOPTED THIS 14th DAY OF OCTOBER 2026.
_______________________________
Georgina Tamayo, Mayor
ATTEST: APPROVED AS TO FORM:

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

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF MONTEBELLO )
I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 26-70 was passed and

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RESOLUTION NO. 26-70

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adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 14th day of October 2026 and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

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

DATE:

Christopher Jimenez, City Clerk

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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: AWARD CONSTRUCTION AGREEMENT NO. 4663 FOR PAVING THE WAY WHITTIER BOULEVARD (CAPITAL PROJECT NO. 889)
DATE: October 14, 2026
RECOMMENDATIONS:

It is recommended that the City Council:

2. Approve a ten percent (10%) construction contingency of $333,300; and

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

4. Authorize the City Manager to execute the Agreement (attached hereto in substantial form) and all applicable change orders in good faith; and

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

FISCAL IMPACT:

Staff recommend awarding Agreement No. 4663 to Onyx Paving Co, Inc. as the most responsive and responsible bidder in the amount of $3,333,000. Additionally, a ten percent (10%) construction contingency of $333,300 is requested in the event of any unforeseen unaccounted costs, risks, events, or changes in scope that may affect the project’s cost over the course of its life, bringing the total contract amount to $3,666,300 payable from Account No. 215-99-7117 (Proposition C, Non-Departmental, Improvements other than Building — Paving the Way).

The Fiscal Year 2026-27 Capital Improvement Project (CIP) Budget allocated the

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necessary funds for this project. Therefore, no budget amendment is needed as part of the recommended action.

Additionally, staff requests authorization for the City Manager to execute all contract change orders that are approved and negotiated in good faith by the Director of Public Works and the Construction Manager, up to the total project amount of $3,666,300.

BACKGROUND/DISCUSSION:

On August 26, 2026, City Council approved the authorization to adopt the plans and specifications, and authorization to solicit bids for Paving the Way - Whittier Boulevard (CP 889). Whittier Boulevard is a major arterial roadway within the City of Montebello experiencing substantial daily traffic, commercial activity, and transit operations. The roadway pavement has deteriorated due to vehicular loading, weather impacts, and age.

Public Works staff have determined that resurfacing is required to restore pavement integrity, maintain safety, and extend the service life of the roadway. The project consists of cold milling, pavement removal, asphalt resurfacing, traffic control, and pavement striping
The Notice of Inviting Bids (NIB) was published on August 27, 2026, in a local newspaper of general circulation. Bidders accessed the contract specifications via PlanetBids. A total of six (6) bids were received electronically via PlanetBids on September 23, 2026. The following is the tabulation based on the lowest to the highest bids received:

No. Contractors Bid Totals ($)
1 Hardy & Harper, Inc. $3,240,000.00
2 Onyx Paving Co, Inc. $3,333,000.00
3 All American Asphalt $3,499,472.60
4 Calmex Engineering, Inc. $3,682,846.74
5 PALP Inc., dba Excel Paving Co. $4,715,821.70
6 Sully-Miller Contracting Co. ($0) Disqualified
In accordance with the City’s procurement policies, staff conducted a comprehensive review of all submitted bids, including an evaluation of bidder responsiveness and responsibility. Based on this review and analysis, staff determined that the second lowest bidder, Onyx Paving Co, Inc., satisfied all requirements and is the most responsible and responsive bidder.

Hardy & Harper, Inc., the lowest bidder, was disqualified from further consideration for failing to submit the required bid bonds by the September 23, 2026, bid deadline. As a result, their bid was deemed non-responsive and was not considered for award.

Additionally, Sully-Miller Contracting Co. failed to submit a complete bid package and was therefore disqualified from further consideration.

Therefore, Staff recommend award of the agreement to Onyx Paving Co, Inc.

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(Attachment A). The remaining bid proposals are available in the City Clerk’s Office for review and the itemized bid results for comparative analysis are included in Attachment B.

ENVIRONMENTAL:

N/A
ANALYSIS:

N/A
SUMMARY:

Staff recommend the City Council award Agreement No. 4663 t to Onyx Paving Co, Inc. for the Paving the Way Whittier Boulevard project (CP 889) in the amount of $3,333,000, plus a 10% construction contingency of $333,300 in the event of any unforeseen unaccounted costs, risks, events, or changes in scope that may affect the project’s cost over the course of its life. The total project award amount — including the 10% contingency — is $3,666,300, payable from Paving the Way — Proposition C bond funds (Account No. 215-99-7117, Proposition C, Non-Departmental, Improvements other than Building — Paving the Way); and authorize the City Clerk’s office to release all-other bidders’ bonds; and authorize the City Manager to execute the agreement and all change orders within the contingency amount in good faith.

ATTACHMENT(S)

1. Attachment A - Agreement No. 4663 CP 889

2. Attachement B - Bid Results for Paving the Way Whittier Boulevard CP 889

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PROFESSIONAL SERVICES AGREEMENT NO. 4663
WITH ONYX PAVING CO. INC.

THIS STANDARD PUBLIC WORKS AGREEMENT (“AGREEMENT”) is made and entered into on October 14, 2026, (“Effective Date”) by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and ONYX PAVING CO.

INC., a California corporation (“CONTRACTOR”). The CITY and CONTRACTOR are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”

RECITALS
WHEREAS, the CITY duly advertised a Notice Inviting Bids to be submitted on or before September 23, 2026, published on August 27, 2026, for the work on Paving the Way Program, Whittier Boulevard from Via Clemente Street to Van Norman Road — CP 889 (“PROJECT”).

WHEREAS, on October 14, 2026, the City Council accepted the bid of CONTRACTOR as the lowest responsible, responsive bid received and directed that a written contract be entered into with CONTRACTOR for the PROJECT.

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

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

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

2. Appendices

3. Standard drawings

4. Details
Attachment A

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5. Special Provisions, if any

6. Addendums

7. General Specifications and all referenced specifications

8. Bidders Proposal

9. Instructions to Bidders

10. Notice Inviting Sealed Bids
SECTION 2. THE WORK
For and in consideration of the payments and agreements to be made and performed by the CITY, CONTRACTOR agrees to furnish all materials and perform all work required for the PROJECT and to fulfill all other obligations as set forth in the CONTRACT DOCUMENTS.

SECTION 3. TERM; AND TIME FOR COMPLETION
a. This Agreement shall expire June 30, 2027, from the Effective Date, unless terminated earlier as hereinafter provided. This Agreement may be extended for an additional three (3) months upon such terms and conditions mutually agreed upon by the Parties in writing.
b. Notice to Proceed. Any work or service contemplated under this Agreement shall not commence until the CITY has issued a written Notice to Proceed.

SECTION 4. COMPENSATION
CONTRACTOR hereby agrees to receive and accept the total amount of Three Million, Three-Hundred Thirty-Three Thousand Dollars ($3,333,000), which is based on performing all of the work shown on Bidders Proposal as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the CONTRACT DOCUMENTS, and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work. CITY shall herein retain five percent (5%) of said price until said time as the provisions of SEC. 18 herein have been met.

4.1. Progress Payments
Progress Payments shall be made in accordance with Section 7 the General Provisions and the provisions of this Section 4.1. Upon receipt of a properly presented payment request, the CITY shall process the payment request in accordance with Public

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Contract Code Section 20104.50. The CITY shall review the payment request as soon as possible. If the CITY rejects the payment request, it shall be returned to the CONTRACTOR within seven (7) days of its receipt by the CITY with an explanation for the reasons of its rejection. If the payment request is approved in writing by the CITY, payment shall be made in thirty (30) days of receipt of an undisputed and properly presented payment request.

Late payments shall bear interest at the legal rate of interest in accordance with Code of Civil Procedure 685.010. The CITY shall pay CONTRACTOR a sum based upon ninety five percent (95%) of the Agreement price apportionment of the labor and materials incorporated into the work under the Agreement during the period covered by said statement. The remaining five percent (5%) thereof shall be retained as performance security. Refer to Section 4.2 of this Agreement for retention of funds.

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

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

Upon satisfactory completion of the Agreement, the securities shall be returned to CONTRACTOR.

SECTION 5. UNDOCUMENTED WORKERS
CONTRACTOR hereby promises and agrees to comply with all of the provisions of Federal and/or State law as the same shall apply to this PROJECT pertaining to the employment of unauthorized aliens as defined therein. Should CONTRACTOR so employ unauthorized aliens for the performance of work and/or services covered by this Agreement, and should the Federal Government impose sanctions against the CITY for use of unauthorized aliens, CONTRACTOR hereby agrees to, and shall, hold harmless, indemnify

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and defend CITY for the cost of all such sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by the CITY in connection therewith.

SECTION 6. NOTICE TO PROCEED
CONTRACTOR shall commence work on the date specified in the Notice to Proceed to be issued in writing to CONTRACTOR by the CITY and shall complete work on the PROJECT within One Hundred Twenty (120) Working Days from the commencement thereof.

SECTION 7. DISCOVERY OF HAZARDOUS OR LATENT CONDITIONS
a. CONTRACTOR shall, without disturbing the condition, notify the CITY in writing as soon as CONTRACTOR, or any SUB-CONTRACTOR, agent or employees have knowledge and reporting is possible, of the discovery of any of the following conditions:

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

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

3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.
b. Pending a determination by the CITY of appropriate action to be taken, CONTRACTOR shall provide security measures (e.g., fences) adequate to prevent the hazardous waste or physical conditions from causing bodily injury to any person. c. The CITY shall promptly investigate the reported conditions. If the CITY, through the City Engineer or his/her designee, and in the exercise of its sole discretion, determines that the conditions do materially differ, or do involve hazardous waste, and will cause a decrease or increase in CONTRACTOR’s cost of or time required for performance of any part of the work, then the CITY shall issue a change order. d. In the event of a dispute between the CITY and CONTRACTOR as to whether the conditions materially differ or involve hazardous waste or cause a decrease or increase in CONTRACTOR’s cost of, or time required for performance of any part of the work, CONTRACTOR shall not be excused from any schedule completion date, and shall proceed with all work to be performed under the Agreement. CONTRACTOR shall retain any and all rights which pertain to the resolution of disputes and protests between the parties.

SECTION 8. MISCELLANEOUS STATUTORY REQUIREMENTS

8.1. CONTRACTOR License.

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

8.2. Ineligible CONTRACTOR Prohibited.

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

8.3. Compliance with SB 854 Registration.

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

8.4. Trench and Pipeline Safety.

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

8.5. Utility Relocation.

The CITY is responsible for removal, relocation, or protection of existing main or trunkline utilities to the extent such utilities were not identified in the invitation for bids or specifications. The CITY shall reimburse CONTRACTOR for any costs incurred in locating, repairing damage not caused by CONTRACTOR and removing or relocating such unidentified utility facilities, including equipment idled during such work. CONTRACTOR shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.

8.6. Third Party Claims Notification.

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

8.7. Unfair Business Practices Claims.

The CONTRACTOR or SUB-CONTRACTOR offers and agrees to assign to the CITY all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works Agreement or

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the sub-Agreement. This assignment shall be made and become effective at the time the CITY renders final payment to CONTRACTOR without further acknowledgment by the parties. (Section 7103.5, California Public Contract Code.).

8.8. Day’s Work.

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

8.9. Payroll Records.

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

8.10. Employment of Apprentices.

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

CONTRACTOR is responsible for compliance with Labor Code section 1777.5 for all apprenticeable occupations. This statute requires that CONTRACTORs and SUBCONTRACTORs must submit Agreement award information to the applicable joint apprenticeship committee, must employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice’s work for every five hours of labor performed by a journeyman (unless an exception is granted under §1777.5), must contribute to the fund or funds in each craft or trade or a like amount to the California Apprenticeship Council, and that CONTRACTORs and SUB-CONTRACTORs must not discriminate among otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed, national origin, ancestry or color. Only apprentices defined in Labor Code section 3077, who are in training under apprenticeship standards and who have written apprentice Agreements, may be employed on public works in apprenticeable occupations.

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

SECTION 9. PREVAILING WAGES

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a. CONTRACTOR shall pay prevailing Wage rates for this Project in accordance with the applicable rates referred to in the CONTRACT DOCUMENTS. b. The following Labor Code sections are hereby referenced and made a part of this Agreement:

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

2. Section 1777.4 - Apprenticeship Requirements.

3. Section 1777.5 - Apprenticeship Requirements.

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

5. Sections 1810 and 1811 - Working Hour Restrictions.

6. Section 1775 - Payroll Records.

7. Section 1773.8 - Travel and Subsistence Pay.

SECTION 10. INDEMNITY, DEFENSE AND HOLD HARMLESS
a. CONTRACTOR shall indemnify, defend with legal counsel approved by the CITY, and hold harmless the CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the CITY. Should conflict of interest principles preclude a single legal counsel from representing both the CITY and CONTRACTOR, or should the CITY otherwise find CONTRACTOR’s legal counsel unacceptable, then CONTRACTOR shall reimburse the CITY its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. CONTRACTOR shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of CONTRACTOR’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
b. CONTRACTOR obligations under this section apply regardless of whether such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of the CITY under any provision of this agreement, CONTRACTOR shall not be required to indemnify and hold harmless the CITY for liability attributable to the active negligence of CITY, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where the CITY is shown to have been actively negligent and where the CITY’S active negligence accounts for only a percentage of the liability involved, the obligation of CONTRACTOR will be for that entire portion or percentage of liability not attributable to the active negligence of the CITY.

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SECTION 11. BONDS
a. CONTRACTOR, before commencing said PROJECT, shall furnish and file with the CITY, a Performance Bond, or bonds in the sum of one hundred percent (100%) of the Agreement price thereof conditioned upon the faithful performance of this Agreement in the form attached hereto as Exhibit “B.”.
b. CONTRACTOR, before commencing said PROJECT, shall furnish and file with CITY, a Payment Bond in the sum of 100% of the Agreement price, conditioned upon the payment of all labor and materials furnished in connection with this Agreement in the form attached hereto as Exhibit “C.”
SECTION 12. INSURANCE REQUIREMENTS
a. Prior to commencing work hereunder, CONRACTOR shall provide the CITY with proof of insurance naming the CITY and each of its directors, officers, agents, and employees as additional-named insureds on a policy or policies of insurance providing and maintaining the coverages set forth in the Insurance Schedule attached hereto as Exhibit A. The CITY shall have the right to hold the policies and policy renewals, and CONTRACTOR shall promptly furnish to CITY all renewal notices and all receipts of paid premiums. CITY may make proof of loss if not made promptly by CONTRACTOR.
b. Evidence of Insurance prior to commencement. CONTRACTOR shall provide to the CITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifteen (15) business days prior to the expiration of any policy. Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services’ commencement date. The evidence 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]
SECTION 13. LIQUIDATED DAMAGES
In addition, pursuant to the authority of California Public Contract Code Section 7102, the CITY and CONTRACTOR agree that the determination of actual damages for any unreasonable delay in performance of this Agreement caused by CONTRACTOR would be extremely difficult or impractical to determine in the event of a breach of this Agreement by the CONTRACTOR. Therefore, if the CONTRACTOR is determined to be liable for such unreasonable delays, the CONTRACTOR and its sureties shall be liable to the CITY for the sum of One Thousand Dollars ($1,000.00) as liquidated damages for each working day of delay in the performance of any service required hereunder. Such sum is liquidated

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damages and shall not be construed as a penalty and may be deducted from payments due the Contractor if such delay occurs.

SECTION 13.2 ADMINISTRATIVE CLOSEOUT
(a) Closeout Deliverables. In addition to all submittals required during the work, CONTRACTOR shall deliver the following to the CITY, complete and in a form acceptable to the CITY (collectively, "Closeout Deliverables"):
(1) all certified payroll records required by Labor Code Section 1776 for CONTRACTOR and all subcontractors of every tier, with proof of submission to the Department of Industrial Relations under Labor Code Section 1771.4; (2) all other labor compliance documentation required by the CONTRACT DOCUMENTS or requested by the CITY or its labor compliance consultant, including apprenticeship records and fringe benefit statements, and correction of any labor compliance deficiencies identified by the CITY;
(3) record ("as-built") drawings;
(4) the final quantity reconciliation, signed by CONTRACTOR, with any disputed items identified in writing;
(5) conditional and unconditional waivers and releases from CONTRACTOR and all subcontractors and suppliers in the forms required by Civil Code Sections 8132 through 8138;
(6) all warranties, guarantees, and operation and maintenance materials; and (7) all other closeout items required by the CONTRACT DOCUMENTS. (b) Closeout Deadline. CONTRACTOR shall deliver all Closeout Deliverables within thirty (30) calendar days after the date of the City Engineer's written notice that the physical work, including all punch list items, is complete (the "Closeout Deadline"). (c) Notice and Cure. If any Closeout Deliverable is not delivered by the Closeout Deadline, or is rejected as incomplete or deficient, the CITY shall give CONTRACTOR written notice identifying the deficient items. CONTRACTOR shall cure all identified deficiencies within ten (10) calendar days after the notice (the "Cure Period"). The CITY shall review each resubmittal within ten (10) calendar days of receipt. Any additional review period beyond that time shall not count toward the assessment of charges under this Section. (d) Liquidated Damages for Closeout Delay. For each calendar day after the Cure Period expires until all Closeout Deliverables are delivered and accepted, CONTRACTOR shall pay the CITY Three Hundred Dollars ($300) per calendar day as liquidated damages. The Parties agree that closeout delay causes the CITY to incur additional staff time, administrative expense, and potential delay or loss of grant or other funding reimbursement.

These damages would be extremely difficult or impractical to determine, and the daily amount is a reasonable estimate of them and not a penalty. The daily amount does not include the consultant costs recoverable under subsection (e). No liquidated damages shall be assessed under this subsection for any day on which liquidated damages are assessed under Section 13.1.

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(e) Recovery of Additional Consultant Costs. In addition to the amounts under subsection (d), CONTRACTOR shall reimburse the CITY for all reasonable, documented fees of construction management, inspection, labor compliance, and engineering consultants that the CITY incurs after the Cure Period expires because of CONTRACTOR's failure to deliver the Closeout Deliverables. The CITY shall provide CONTRACTOR with consultant invoices or other supporting documentation for all amounts charged. (f) Excusable Delay. No amount shall be assessed under this Section 13.2 for any delay caused by the CITY or its consultants, or by causes beyond CONTRACTOR's reasonable control. CONTRACTOR remains responsible for delays caused by its subcontractors and suppliers.
(g) Deduction; Withholding; Disputes. The CITY may deduct any amount due under this Section 13.2 from progress payments, final payment, or retention, consistent with Public Contract Code Section 7107. This Section does not limit the CITY's right to withhold payments for delinquent or inadequate payroll records under applicable law.

CONTRACTOR shall raise any dispute about amounts assessed under this Section through the procedures in Section 14.

SECTION 14. DISPUTE RESOLUTION

14.1. Claims of $375,000 or Less
a. A claim by the CONTRACTOR for a time extension, for money damages for work, or a payment disputed by the CITY must be submitted to a resolution process in accordance with Public Contract Code Sections 20104-20104.4. A summary of Sections 20104-20104.4 are as follows:
(1) Informal negotiation between the CITY and CONTRACTOR. (2) Mediation with CONTRACTOR.
(3) Court mandated Arbitration.
(4) Court trial. If the party requesting the court trial does not prevail, then that party must pay all court costs and attorney's fees.

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

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

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

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

4. After meet and confer, an disputed claim remaining shall be submitted to nonbinding mediation.

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

SECTION 15. TERMINATION.

15.1. Termination for Convenience.

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

15.2 Termination for Default.

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

15.3 Waiver of Remedies for any Breach.

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

SECTION 16. CONTRACTOR'S FAILURE TO PROCURE COMPLETION OF

PROJECT
In the event CONTRACTOR fails to furnish tools, equipment, or labor in the necessary quantity or quality, or fails to prosecute the work or any part thereof contemplated by this Agreement in a diligent and workmanlike manner, and if CONTRACTOR for a period of three (3) calendar days after receipt of written demand from the CITY or its designated representative to do so, fails to furnish tools, equipment, or labor in the necessary quantity or quality, and to prosecute its work and all parts thereof in a diligent and workmanlike manner, or after commencing to do so within said three (3) calendar days, fails to continue

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STANDARD PUBLIC WORKS AGREEMENT NO. 4663

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to do so; then the CITY may exclude CONTRACTOR from the premises, or any portion thereof, and take possession of said premises or any portion thereof, together with all material and equipment thereon, and may complete the work contemplated by this Agreement or any portion of said work, either by furnishing the tools, equipment, labor or material necessary, or by letting the unfinished portion of said work, or the portion taken over by the CITY to another contractor or by a combination of such methods. In any event, the procuring of the completion of said work, or the portion thereof taken over by the CITY, shall be a charge against CONTRACTOR, and may be deducted from any money due or becoming due to CONTRACTOR from the CITY, or CONTRACTOR shall pay the CITY the amount of said charge, or the portion thereof unsatisfied. The sureties provided for under this Agreement shall become liable for payment should CONTRACTOR fail to pay in full any said cost incurred by the CITY.

SECTION 17. COMPLIANCE WITH APPLICABLE LAWS
CONTRACTOR hereby promises and agrees to comply with all provisions of all applicable state and federal laws in connection with the performance of its obligations under this Agreement.

SECTION 18. NOTICE OF COMPLETION
Upon completion of the PROJECT and acceptance of same by the City Council, the CITY shall have cause to be recorded a Notice of Completion with the office of the Los Angeles County Recorder; and, after thirty-five (35) days from the date said Notice of Completion is recorded, the Director of Finance of CITY shall release the funds retained pursuant to SEC. 4 hereof; provided there have been no mechanics’ liens or stop notices filed against said work which have not been paid, withdrawn or eliminated as liens against said work.

SECTION 19. AUTHORITY
Any person executing this Agreement on behalf of CONTRACTOR warrants and represents that he or she has the authority to execute this Agreement on behalf of CONTRACTOR and has the authority to bind CONTRACTOR to the performance of its obligations hereunder.

SECTION 20. ENTIRE AGREEMENT
This Agreement, including the Agreement Documents and any other documents incorporated herein by specific reference, represents the entire and integrated Agreement between the CITY and the CONTRACTOR. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Agreement.

SECTION 21. ATTORNEY’S FEES AND COSTS

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STANDARD PUBLIC WORKS AGREEMENT NO. 4663

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

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

SECTION 22. INDEPENDENT CONTRACTOR
CONTRACTOR is and shall at all times remain as to the CITY, a wholly independent CONTRACTOR. Neither the CITY, nor any of its officers, employees or agents shall have control over the conduct of CONTRACTOR or any of CONTRACTOR’S officers, employees or agents, except as herein set forth. CONTRACTOR shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the CITY, nor shall the CITY officers, employees or agents be deemed the officers, employees, or agents of CONTRACTOR as a result of this Agreement.

SECTION 23. NOTICE
All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered via e-mail (an “Electronic Notice” as further defined below), personally or on the second (2nd) business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice:

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STANDARD PUBLIC WORKS AGREEMENT NO. 4663

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To the CITY: City of Montebello
Attn: Raul Alvarez, City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
Email: [email protected]
With copy to: City of Montebello – Department of Public Works Attn: Cesar Roldan, Public Works Director
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1462
Email: [email protected]
To CONTRACTOR: ONYX PAVING CO. INC.

Attn: Corey R. Kirschner, CEO
22707 La Palma Ave.

Yorba Linda, CA 92887
Email: [email protected]
An electronic communication (“Electronic Notice”) shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above. Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form.

SECTION 24. PROHIBITION AGAINST ASSIGNMENT
The experience, knowledge, capability and reputation of CONTRACTOR, its principals and employees were a substantial inducement for the CITY to enter into this Agreement. Neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of the CITY. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of CONTRACTOR, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release CONTRACTOR or any surety of CONTRACTOR of any liability hereunder without the express consent of the CITY.

SECTION 25. CUMULATIVE REMEDIES
The provisions of this Agreement are cumulative and in addition to and not in limitation of any rights or remedies available to the CITY.

SECTION 26. COUNTERPARTS

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STANDARD PUBLIC WORKS AGREEMENT NO. 4663

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

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STANDARD PUBLIC WORKS AGREEMENT NO. 4663

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

CITY OF MONTEBELLO
(“CITY”)
By: ___________________________________
Raul Alvarez, City Manager
Date: _______
ATTEST:
_____________________________________
Christopher Jimenez, City Clerk

APPROVED AS TO FORM
_______________________________________
Arnold M. Alvarez-Glasman, City Attorney
ONYX PAVING CO. INC.
(“CONTRACTOR”)
By:
________________________________
Corey R. Kirschner, CEO
Date: _______
EXHIBITS:
• Exhibit A – Insurance Requirements
• Exhibit B – Performance Bond
• Exhibit C – Labor and Materials Payment Bond
• Exhibit D – Contractor’s Proposal

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ATTACHMENT A
EXHIBIT “A”

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

1. Comprehensive General Liability and Automobile Liability Insurance Coverage.

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

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

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

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

2. Automobile Liability.

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

3. Worker's Compensation.

CONTRACTOR shall carry and maintain worker’s compensation in the amount of $1,000,000 as required by the California Labor Code for all persons employed directly or indirectly in connection with this Agreement by CONTRACTOR. To the extent that

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

4. Additional Insureds.

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

5. Notice of Cancellation.

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

6. Severability Clause.

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

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

7. Qualifications of Insurer.

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

8. Approval of Insurer.

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

9. Payment of Premiums.

All premiums on insurance policies shall be paid by CONTRACTOR making payment, when due, directly to the insurance carrier, or in a manner agreed to by the CITY.

10.Evidence of Insurance and Claims.

CONTRACTOR shall provide certificates of insurance to the CITY as evidence of

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insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. The CITY’s Risk Manager must approve insurance certificates and endorsements prior to commencement of performance. Current certification of insurance shall be kept on file with the CITY at all times during the term of this Agreement. The CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.

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(Use of City Bond Form is Required)
EXHIBIT “B”

PERFORMANCE BOND

PUBLIC WORK
(CALIFORNIA)
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, the Principal and the City of Montebello (“Obligee”) have entered into a written Agreement, hereinafter called the Agreement, a copy of which is or may be attached hereto, dated the ______ day of ____________________, ______ referred to and made a part hereof for __________________________________________________________________________ and all appurtenant work in accordance with Project No. , which agreement requires the Principal to provide Obligee with this bond.

NOW THEREFORE, we, _______________________________________, as Principal, and ___________________________________________, a corporation organized under the laws of _________________________, and duly authorized to transact business in the State of California, as Surety, are held firmly bound unto the City of _____________________________, as Obligee, in the sum of _________________________________________________________________ Dollars ($_______________________), lawful money of the United States of America, for the payment whereof well and truly to be made the Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

The address at which the Surety may be served with notices, papers and other documents is:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ The address at which the Principal may be served with notices, papers and other documents is:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ The condition of the foregoing obligation is such that if the Principal, his or its heirs, executors, administrators, successors or assigns, and each of his or its SUB-CONTRACTORs shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of said Agreement, and during the life of any guaranty required under the Agreement, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of any and all duly authorized modifications of said Agreement that may hereafter be made, then this obligation shall be void; otherwise it shall be and remain in full force and effect.

As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by the obligee in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the

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specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.

This document is signed by the respective parties on the dates next to their names.

Principal
By: __________________________________
Title: ________________________________
Surety
By: __________________________________
Title: ________________________________
Date: ________________________________
Date: ________________________________
I declare under penalty of perjury under the laws of the State of California that the contents of the above Faithful Performance Bond are true and correct, and that I have been duly authorized to sign this Faithful Performance Bond on behalf of Surety. This Declaration is signed on , in the City of , State of California.
--OR--
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 ___________________________ )
On ______________ before me, ____________________________________(here insert name and title of the officer), personally appeared
___________________________________________________________________, 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 __________________________________ (Seal)
-- AND –

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(Proof of signature authorization or power of attorney must be attached) APPROVED AS TO FORM:
_________________________
City Attorney

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(Use of City Bond Form is Required)
EXHIBIT “C”
Labor and Materials Payment Bond

PUBLIC WORK (CALIFORNIA)
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, ________________________________________, as Principal, has entered into an Agreement dated ___________________, _____, (the "Agreement") with the City of _____________________________ (Obligee) referred to and made a part hereof to perform the following work of public improvement, to wit:
________________________________________________________________________________ ________________________________________________________________________________ ____________________________________________________________________and all appurtenant work in accordance with the plans and specifications for Project No._______, which requires Principal to file this bond to secure claims made under Civil Code Sections 9550-9554..

NOW THEREFORE, we, ____________________________________, as Principal, and ___________________________________________, a corporation organized under the laws of ______________________ and duly authorized to transact business in the State of California, as Surety, are held firmly bound unto the City of _____________________________, as Obligee, and all SUB-CONTRACTORs, laborers, material persons and other persons employed in the performance of the referenced agreement, in the sum of
_________________________________________________ Dollars ($_______________________), lawful money of the United States of America, which is 100% of the amount of the Agreement, for the payment whereof well and truly to be made the Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

The address at which the Surety may be served with notices, papers and other documents is:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ The address at which the Principal may be served with notices, papers and other documents is:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ If the above bounden Principal, his or its heirs, executors, administrators, successors, assigns, or any of his or its SUB-CONTRACTORs, fails to pay for any materials, provisions, provender, or other supplies, or teams, implements or machinery, used in, upon, for or about the performance of the work agreed to be done, or for any work or labor to persons named in Section 9100 of the Civil Code, or for amounts due under the Unemployment Insurance Code with respect to such work or labor performed under the Agreement, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the CONTRACTOR and SUB-CONTRACTORs pursuant to Section 13020 of the Unemployment Insurance Code, then the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's

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fee, which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit and to be included in the judgment herein rendered.

As part of the obligation secured hereby, the Surety shall not be exonerated or released from the obligation of the bond by any change, alteration, or modification in or of any Agreement, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement or pertaining or relating to the furnishing of labor, materials, or equipment therefor, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme of work of improvement, nor by any rescission or attempted rescission of the Agreement, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such Agreement or agreement, or under the bond, nor, where the bond is given for the benefit of claimants, by any fraud practiced by any person other than the claimant seeking to recover on the bond.

This bond shall inure to the benefit of any and all persons, companies and corporations named in Civil Code Section 9100 so as to give them a right of action in a suit on this bond.

This bond is executed for the purpose of complying with the laws of the State of California designated as Title 3, Chapter 5, Payment Bond, commencing with Section 9550 of the Civil Code of the State of California and all amendments thereto, and shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code of the State of California.

This document is signed by the respective parties on the dates next to their names.

Principal
By: _________________________________
Title: ________________________________
Surety
By: _________________________________
Title: ________________________________
Date: ________________________________
Date: ________________________________
I declare under penalty of perjury under the laws of the State of California that the contents of the above Labor and Materials Payment Bond are true and correct, and that I have been duly authorized to sign this Labor and Materials Payment Bond on behalf of Surety. This Declaration is signed on ______ , in the City of _____, State of California. --OR--

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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 ___________________________ )
On ______________ before me, ____________________________________(here insert name and title of the officer), personally appeared
___________________________________________________________________, 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 __________________________________ (Seal)
-- AND –
(Proof of signature authorization or power of attorney must be attached) APPROVED AS TO FORM:
________________________
City Attorney

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Exhibit “D"
Contractor’s Proposal

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Item
No. Item Description Qty. Unit Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total 1 Mobilization/ Demobilization (Not to exceed 3% of total of all other prime contract Bid Items) 1 LS $ 20,600.00 $ 20,600.00 $ 57,187.27 $ 57,187.27 $ 100,000.00 $ 100,000.00 $ 91,500.00 $ 91,500.00 $ 98,000.00 $ 98,000.00 $ - $ - 2 Traffic Control 1 LS $ 123,690.88 $ 123,690.88 $ 234,000.00 $ 234,000.00 $ 210,000.00 $ 210,000.00 $ 124,000.00 $ 124,000.00 $ 997,598.00 $ 997,598.00 $ - $ - 3 Sawcut and Remove Existing Concrete Sidewalk 14745 SF $ 3.00 $ 44,235.00 $ 2.34 $ 34,503.30 $ 4.00 $ 58,980.00 $ 5.00 $ 73,725.00 $ 3.00 $ 44,235.00 $ - $ - 4 Sawcut and Remove Existing Concrete Curb and Gutter 1151 LF $ 33.00 $ 37,983.00 $ 24.00 $ 27,624.00 $ 23.00 $ 26,473.00 $ 30.00 $ 34,530.00 $ 25.00 $ 28,775.00 $ - $ - 5 Sawcut and Remove Existing Concrete Curb Ramp 74 EA $ 1,460.00 $ 108,040.00 $ 1,111.00 $ 82,214.00 $ 960.00 $ 71,040.00 $ 2,100.00 $ 155,400.00 $ 2,400.00 $ 177,600.00 $ - $ - 6 Sawcut and Remove Existing Concrete Driveway Approach 283 SF $ 4.00 $ 1,132.00 $ 5.00 $ 1,415.00 $ 10.00 $ 2,830.00 $ 10.00 $ 2,830.00 $ 9.00 $ 2,547.00 $ - $ - 7 Remove Existing Banner Pole and Foundation 2 EA $ 2,600.00 $ 5,200.00 $ 2,500.00 $ 5,000.00 $ 4,000.00 $ 8,000.00 $ 4,120.00 $ 8,240.00 $ 5,000.00 $ 10,000.00 $ - $ - 8 Sawcut and Remove Existing Concrete Cross Gutter 1319 SF $ 6.00 $ 7,914.00 $ 6.00 $ 7,914.00 $ 9.00 $ 11,871.00 $ 12.00 $ 15,828.00 $ 11.00 $ 14,509.00 $ - $ - 9 Sawcut and Remove Existing Catch Basin Curb Opening,
Local Depression and Adjust AC/PCC As Needed 34 LF $ 62.00 $ 2,108.00 $ 333.00 $ 11,322.00 $ 310.00 $ 10,540.00 $ 211.00 $ 7,174.00 $ 150.00 $ 5,100.00 $ - $ - 10 Cold Mill Existing Asphalt Concrete (AC) pavement (2” depth) 686959 SF $ 0.38 $ 261,044.42 $ 0.37 $ 254,174.83 $ 0.40 $ 274,783.60 $ 0.46 $ 316,001.14 $ 0.30 $ 206,087.70 $ - $ - 11 Sawcut and Remove Existing AC Pavement, Base, Subbase and Native soil to provide clear depth 422 CY $ 260.00 $ 109,720.00 $ 69.00 $ 29,118.00 $ 245.00 $ 103,390.00 $ 265.00 $ 111,830.00 $ 200.00 $ 84,400.00 $ - $ - 12 Sawcut and Remove Existing Concrete Pavement 1362 SF $ 5.60 $ 7,627.20 $ 6.00 $ 8,172.00 $ 8.00 $ 10,896.00 $ 12.80 $ 17,433.60 $ 9.00 $ 12,258.00 $ - $ - 13 Construct 4" Thick Concrete Sidewalk 14745 SF $ 9.30 $ 137,128.50 $ 8.88 $ 130,935.60 $ 12.00 $ 176,940.00 $ 8.00 $ 117,960.00 $ 11.00 $ 162,195.00 $ - $ - 14 Construct Concrete Curb and Gutter 1151 LF $ 53.00 $ 61,003.00 $ 48.00 $ 55,248.00 $ 55.00 $ 63,305.00 $ 59.00 $ 67,909.00 $ 91.00 $ 104,741.00 $ - $ - 15 Construct Variable-Height Retaining Concrete Curb 478 LF $ 32.00 $ 15,296.00 $ 48.00 $ 22,944.00 $ 30.00 $ 14,340.00 $ 72.00 $ 34,416.00 $ 47.00 $ 22,466.00 $ - $ - 16 Construct Variable-Height Retaining Concrete Curb
Including Pedestrian Barricades
83 LF $ 63.00 $ 5,229.00 $ 82.00 $ 6,806.00 $ 190.00 $ 15,770.00 $ 295.00 $ 24,485.00 $ 81.00 $ 6,723.00 $ - $ - 17 Construct Concrete Curb Ramp 71 EA $ 3,330.00 $ 236,430.00 $ 4,444.00 $ 315,524.00 $ 4,300.00 $ 305,300.00 $ 3,735.00 $ 265,185.00 $ 8,500.00 $ 603,500.00 $ - $ - 18 Construct Concrete Driveway Approach 283 SF $ 20.00 $ 5,660.00 $ 15.00 $ 4,245.00 $ 20.00 $ 5,660.00 $ 16.00 $ 4,528.00 $ 20.00 $ 5,660.00 $ - $ - 19 Construct Concrete Cross Gutter 1319 SF $ 28.00 $ 36,932.00 $ 22.00 $ 29,018.00 $ 20.00 $ 26,380.00 $ 31.00 $ 40,889.00 $ 30.00 $ 39,570.00 $ - $ - 20 Construct Catch Basin Curb Opening and Local Depression 34 LF $ 113.00 $ 3,842.00 $ 777.00 $ 26,418.00 $ 1,000.00 $ 34,000.00 $ 1,630.00 $ 55,420.00 $ 345.00 $ 11,730.00 $ - $ - 21 Construct Concrete Bus Pad 756 SF $ 33.00 $ 24,948.00 $ 28.00 $ 21,168.00 $ 30.00 $ 22,680.00 $ 28.00 $ 21,168.00 $ 37.00 $ 27,972.00 $ - $ - 22 Construct Median Nose and Match Pavement Surface to
Existing Brick Pattern
6 SF $ 130.00 $ 780.00 $ 222.00 $ 1,332.00 $ 100.00 $ 600.00 $ 865.00 $ 5,190.00 $ 870.00 $ 5,220.00 $ - $ - 23 Furnish and Install New Sign Post 5 EA $ 540.00 $ 2,700.00 $ 555.00 $ 2,775.00 $ 530.00 $ 2,650.00 $ 541.00 $ 2,705.00 $ 550.00 $ 2,750.00 $ - $ - 24 Install Detectable Warning Surface on
Existing Ramp
12 EA $ 560.00 $ 6,720.00 $ 888.00 $ 10,656.00 $ 1,425.00 $ 17,100.00 $ 914.00 $ 10,968.00 $ 710.00 $ 8,520.00 $ - $ - 25 Reconstruct Existing Curb Drain 2 EA $ 3,600.00 $ 7,200.00 $ 2,222.00 $ 4,444.00 $ 1,500.00 $ 3,000.00 $ 1,545.00 $ 3,090.00 $ 2,000.00 $ 4,000.00 $ - $ - 26 Construct Concrete Pavement 8” Thick 1362 SF $ 26.00 $ 35,412.00 $ 22.00 $ 29,964.00 $ 17.00 $ 23,154.00 $ 27.00 $ 36,774.00 $ 20.00 $ 27,240.00 $ - $ - Bid Results
CP 889 - Paving the Way Whittier Blvd - Bid Results
Hardy & Harper, Inc. Onyx Paving Co., Inc. All American Asphalt Calmex Engineering Inc. PALP Inc., dba Excel Paving Co. Sully-Miller Contracting Co.

Attachment B

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27 Provide and Place 6" Crushed Miscellaneous Base (CMB) 115 CY $ 300.00 $ 34,500.00 $ 222.00 $ 25,530.00 $ 150.00 $ 17,250.00 $ 272.00 $ 31,280.00 $ 162.00 $ 18,630.00 $ - $ - 28 Construct 4” Thick AC Base Course B-PG 64-10 (2 lifts) 66 TON $ 290.00 $ 19,140.00 $ 369.00 $ 24,354.00 $ 325.00 $ 21,450.00 $ 440.00 $ 29,040.00 $ 300.00 $ 19,800.00 $ - $ - 29 Construct 2” Thick ARHM AC Type C2-PG 64-16 8301 TON $ 130.00 $ 1,079,130.00 $ 128.00 $ 1,062,528.00 $ 125.00 $ 1,037,625.00 $ 130.00 $ 1,079,130.00 $ 135.00 $ 1,120,635.00 $ - $ - 30 Construct AC Base Course B-PG 64-10 Per Plan 77 TON $ 290.00 $ 22,330.00 $ 369.00 $ 28,413.00 $ 325.00 $ 25,025.00 $ 390.00 $ 30,030.00 $ 350.00 $ 26,950.00 $ - $ - 31 Adjust Existing Storm Drain/ Sewer/ Utility Manhole Frames and Covers to Finished Grade
43 EA $ 1,130.00 $ 48,590.00 $ 1,222.00 $ 52,546.00 $ 1,325.00 $ 56,975.00 $ 1,800.00 $ 77,400.00 $ 1,600.00 $ 68,800.00 $ - $ - 32 Adjust Existing Water Valve Cans and Covers to Finished Grade
29 EA $ 550.00 $ 15,950.00 $ 777.00 $ 22,533.00 $ 360.00 $ 10,440.00 $ 1,210.00 $ 35,090.00 $ 1,300.00 $ 37,700.00 $ - $ - 33 Adjust Existing Water Meter Boxes and Covers to Finished Grade, Replace Broken Cover/Box 1 EA $ 1,030.00 $ 1,030.00 $ 2,222.00 $ 2,222.00 $ 750.00 $ 750.00 $ 685.00 $ 685.00 $ 500.00 $ 500.00 $ - $ - 34 Adjust Existing Traffic Signal Boxes and Covers to Finished Grade, Replace Broken Cover/Box 25 EA $ 515.00 $ 12,875.00 $ 800.00 $ 20,000.00 $ 910.00 $ 22,750.00 $ 928.00 $ 23,200.00 $ 950.00 $ 23,750.00 $ - $ - 35 Remove Existing Pull Box Cover and Install New Pull Box Cover
1 EA $ 310.00 $ 310.00 $ 1,200.00 $ 1,200.00 $ 305.00 $ 305.00 $ 310.00 $ 310.00 $ 350.00 $ 350.00 $ - $ - 36 Furnishing and Installing Traffic Signal Loop Detectors and Connect New DLC to Existing Pull Box
188 EA $ 450.00 $ 84,600.00 $ 439.00 $ 82,532.00 $ 700.00 $ 131,600.00 $ 716.00 $ 134,608.00 $ 440.00 $ 82,720.00 $ - $ - 37 Furnish and Install New Banner Pole 2 EA $ 31,000.00 $ 62,000.00 $ 30,360.00 $ 60,720.00 $ 25,000.00 $ 50,000.00 $ 25,250.00 $ 50,500.00 $ 25,000.00 $ 50,000.00 $ - $ - 38 Traffic Signing, Striping, Markings and Curb Painting 1 LS $ 152,000.00 $ 152,000.00 $ 182,000.00 $ 182,000.00 $ 150,000.00 $ 150,000.00 $ 152,300.00 $ 152,300.00 $ 150,000.00 $ 150,000.00 $ - $ - 39 Remove Existing Traffic Signal Pull Box and Cover 2 EA $ 260.00 $ 520.00 $ 500.00 $ 1,000.00 $ 360.00 $ 720.00 $ 360.00 $ 720.00 $ 360.00 $ 720.00 $ - $ - 40 Install New Traffic Signal Pull Box and Cover 2 EA $ 1,030.00 $ 2,060.00 $ 700.00 $ 1,400.00 $ 1,200.00 $ 2,400.00 $ 1,135.00 $ 2,270.00 $ 1,200.00 $ 2,400.00 $ - $ - 41 Construct Solar Powered Rectangular Rapid Flashing Beacon (RRFB) 6 EA $ 44,400.00 $ 266,400.00 $ 42,600.00 $ 255,600.00 $ 36,000.00 $ 216,000.00 $ 36,900.00 $ 221,400.00 $ 37,000.00 $ 222,000.00 $ - $ - 42 Install Public Improvement Project Signs 2 EA $ 1,545.00 $ 3,090.00 $ 2,800.00 $ 5,600.00 $ 2,000.00 $ 4,000.00 $ 1,240.00 $ 2,480.00 $ 985.00 $ 1,970.00 $ - $ - 43 Provide Erosion Control and BMPs 1 LS $ 10,300.00 $ 10,300.00 $ 4,200.00 $ 4,200.00 $ 2,000.00 $ 2,000.00 $ 8,725.00 $ 8,725.00 $ 19,000.00 $ 19,000.00 $ - $ - 44 Provide Construction Survey, Reestablish Survey Monument and Centerline Ties Recorded with LA County
1 LS $ 72,100.00 $ 72,100.00 $ 42,000.00 $ 42,000.00 $ 106,000.00 $ 106,000.00 $ 110,000.00 $ 110,000.00 $ 112,000.00 $ 112,000.00 $ - $ - 45 Provide Material Testing Services as Directed by the Engineer - Allowance
1 LS $ 32,000.00 $ 32,000.00 $ 32,000.00 $ 32,000.00 $ 32,000.00 $ 32,000.00 $ 32,000.00 $ 32,000.00 $ 32,000.00 $ 32,000.00 $ - $ - 46 LA County Permits 1 LS $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ - $ - 47 City of Pico Rivera Permits 1 LS $ 2,500.00 $ 2,500.00 $ 2,500.00 $ 2,500.00 $ 2,500.00 $ 2,500.00 $ 2,500.00 $ 2,500.00 $ 2,500.00 $ 2,500.00 $ - $ - $ 3,240,000.00 $ 3,333,000.00 $ 3,499,472.60 $ 3,682,846.74 $ 4,715,821.70 Disqualified Total Bid Amount

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ITEM # 10

CITY OF MONTEBELLO

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

BY: Fernando Pelaez, Fire Chief
Andrew Kim, Senior Management Analyst
SUBJECT: APPROVE THE PURCHASE OF THREE PIERCE ENFORCER FIRE ENGINES FROM SOUTH COAST FIRE EQUIPMENT, INC.AND ADOPT
RESOLUTION NO. 26-72
DATE: October 14, 2026
RECOMMENDATIONS:

It is recommended that the City Council:

1. Approve the purchase of three Pierce Enforcer fire engines from South Coast Fire Equipment, Inc. in an amount not to exceed $4,847,915; and

3. Adopt Resolution No. 26-72, authorizing the execution and delivery of a Master Lease-Purchase Agreement and related financing documents necessary to finance the acquisition; and

4. Authorize the City Manager, or designee, to execute any documents necessary to complete the purchase and financing; and

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

FISCAL IMPACT:

The base price of each Pierce Enforcer engine is $1,207,615, for a total base apparatus cost of $3,622,843. The proposal includes estimated sales tax of $380,399, a performance bond of $8,817, and California tire fees totaling $31.50, resulting in a total cost of $4,012,090 before applicable prepayment discounts (Attachment B).

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The City intends to utilize the available prepayment discount and finance the acquisition through a 10-year lease-purchase agreement (Attachment A - Page 2). The prepayment discount reduces the apparatus cost by an estimated $304,788, resulting in an estimated amount financed of $3,675,302, inclusive of applicable taxes, fees, and the performance bond.

Under the proposed 10-year financing structure, the City would make annual payments of approximately $484,791, with total payments of approximately $4,847,914 over the term of the lease. The financing proposal identifies a rate of 5.38 percent and an effective rate of 3.60 percent after accounting for the prepayment discount. The quoted financing rate is based on rates as of September 14, 2026, and is subject to being fixed at closing.

Additionally, the estimated sales tax included in the proposal dated September 14, 2026, was based on a rate of 10.5 percent. Effective October 1, 2026, the applicable sales tax rate increased to 11 percent, so the total price will be 0.5 percent higher when final documents are signed. Accordingly, the final sales tax and amount financed may change based on the applicable tax rate at the time the transaction is finalized. As such, staff is recommending that the City Council authorize the City Manager, or designee, to increase the purchase and financing authority by up to 10 percent to accommodate order changes or modifications, unforeseen expenses, changes in applicable tax rates, and final financing rates and costs.

The financing proposal delays the start of payments until October 2027 (Fiscal Year 2027-28) (Attachment A). This delay allows the Fire Department to continue its efforts at cost savings in an effort to make this purchase cost neutral. In other words, Fire Department management is committed to finding at least $500,000 in annual, ongoing cost savings in the Department in order to "make room" in the annual budget for the financing expenses. The FY 2027-28 budget will include appropriations for the financing costs.

BACKGROUND/DISCUSSION:

The Montebello Fire Department currently operates six fire engines ranging in model year from 2002 to 2021. Three engines are maintained in front-line service, while three serve as reserve apparatus. The reserve engines are placed into service when a front-line engine is unavailable due to training, deployment to a regional strike team, maintenance, or repairs. Maintaining adequate reserve apparatus allows the Department to continue operating three engines and providing uninterrupted emergency response coverage throughout the City.

The Department’s fleet includes a 2002 American LaFrance engine, two 2009 Seagrave engines, a 2013 KME engine, a 2014 KME engine, and a 2021 KME engine. Three of the Department’s engines are currently between 17 and 24 years old.

Fire engines are essential emergency response vehicles that experience significant use throughout their service lives. As fire engines age, they generally require additional maintenance and become more difficult and costly to keep in reliable operating condition.

The reliability of the reserve fleet is particularly important because reserve engines must

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be ready to enter front-line service whenever another apparatus is unavailable.

The Department is requesting three new engines to modernize its existing fleet. These engines will allow the Department to replace or reassign its aging apparatus based on their condition and the Department’s operational needs at the time the new engines are delivered.

The purchase does not necessarily require the immediate removal of the three oldest engines from service. Apparatus that remain operational may be reassigned to reserve status to provide additional coverage when front-line engines are unavailable for training, strike team deployments, maintenance, or repairs. Final assignments and the disposition of the existing apparatus will be determined by the Fire Department based on the condition of the fleet and operational needs at the time of delivery.

The proposed engines have an estimated manufacturing and delivery period of approximately 33 months after South Coast Fire Equipment receives and accepts the City’s purchase order. Therefore, even if the City approves the purchase and issues the purchase order now, nearly three additional years will be added to the age of the existing apparatus before the new engines are delivered. At the anticipated time of delivery, the three oldest engines will range from approximately 20 to 27 years old.

Approving the purchase now will allow the City to begin modernizing its fleet before the existing engines age further. It will also help ensure that the Department has sufficient front-line and reserve apparatus to support current emergency operations.

ENVIRONMENTAL:

N/A
ANALYSIS:

South Coast Fire Equipment, Inc. submitted a proposal dated September 14, 2026, to furnish three Pierce Enforcer fire engines to the Montebello Fire Department. These engines transport firefighters and emergency equipment, carry an onboard water supply and fire hose, and include a pump capable of supplying water during fire suppression operations.

The engines will be manufactured in accordance with specifications developed for the Montebello Fire Department. The proposal states that the apparatus will conform to applicable United States Department of Transportation requirements and National Fire Protection Association guidelines in effect at the time of the order, except as modified by the specifications approved by the City.

Fire apparatus manufacturers and fire departments nationwide continue to experience extended production lead times and significant increases in apparatus pricing. Supplychain constraints, increased material and labor costs, and sustained demand for new fire apparatus have contributed to longer delivery schedules and higher replacement costs.

These market conditions make long-term fleet planning increasingly important, as

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delaying replacement purchases may result in additional cost increases and further extend the timeframe for receiving replacement apparatus.

South Coast Fire Equipment estimates that the engines will be delivered approximately 33 months after the purchase order is received and accepted. The delivery date is an estimate and may be affected by the availability of materials, manufacturing schedules, supply conditions, and other circumstances beyond the control of the vendor or manufacturer.

Pierce Manufacturing identifies South Coast Fire Equipment as its exclusive authorized dealership for Los Angeles County and the Southern California region. South Coast Fire Equipment is therefore the sole authorized regional vendor for the purchase of new Pierce fire apparatus. PNC Bank will serve as the lessor for the proposed leasepurchase financing. As part of the financing requirements, the City Council must adopt a resolution (Resolution No. 26-72, Attachment D) authorizing the City to enter into the Master Lease-Purchase Agreement and execute the related documents necessary to complete the financing. The proposal is valid through October 31, 2026, unless extended in writing by South Coast Fire Equipment.

SUMMARY:

The Fire Department is requesting authorization to purchase three Pierce fire engines to modernize its aging apparatus fleet. The Department currently maintains three front-line engines and three reserve engines. Reserve apparatus are necessary to maintain emergency response coverage when a front-line engine is unavailable due to training, strike team deployment, maintenance, or repairs. These new engines will allow the Department to replace or reassign aging apparatus based on their condition and the Department’s operational needs.

Fire departments nationwide are experiencing extended apparatus production timelines and significant increases in the cost of new fire engines. Supply-chain constraints, increased material and labor costs, and sustained demand have contributed to longer delivery schedules and higher replacement costs. Because the proposed engines have an estimated manufacturing and delivery period of approximately 33 months, proceeding with the purchase now will allow the City to begin preparing for future operational needs while addressing the continued aging of the existing fleet.

The City intends to utilize an available prepayment discount and finance the acquisition through a 10-year lease-purchase agreement (Attachment A). The prepayment discount is estimated at $304,788, resulting in an estimated amount financed of $3,675,302.

Based on the current financing proposal, the City would make annual payments of approximately $484,791 over the 10-year term, with the first payment commencing October 2027 (FY 2027-28). Financing rates and final costs are subject to adjustment at closing, including changes resulting from the applicable sales tax rate.

Staff recommends the City Council approve the purchase of three Pierce Enforcer fire engines from South Coast Fire Equipment, Inc., authorize a 10-year lease-purchase financing agreement for the acquisition, authorize the City Manager to increase the

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purchasing and financing authority by 10 percent to accommodate rate changes, adopt Resolution No. 26-72 (Attachment D), and authorize the issuance of the necessary purchase order and related documents.

ATTACHMENT(S)

1. Attachment A - South Coast Fire Equipment Proposal

2. Attachment B - Montebello Enforcer Engine Proposal 08_11_2026

3. Attachment C - 2026 Pierce Application 10_2026, completed

4. Attachment D - Resolution - 26-72

5. Attachment E - PowerPoint Presentation

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Pierce Financial
Solutions
(3/4) Enforcer Engines
Adrian Beyer Montebello
Fire Department
Attachment A

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(3 Engine) Lease Purchase with Prepayment Discounts
Budgetary Numbers: Date 7 Year Lease Purchase 10 Year Lease Purchase 12 Year Lease Purchase Pierce Apparatus: (3) Enforcer Engines October 2026 Order/Lease Start Order/Lease Start Order/Lease Start Estimated Delivery: Per Contract October 2027 $638,852.87 $484,791.44 $423,837.98 Cost: $3,622,845.00 October 2028 $638,852.87 $484,791.44 $423,837.98 Sales Tax @ 10.5%: $380,398.74 October 2029 $638,852.87 $484,791.44 $423,837.98 CA Tire fee: $31.50 October 2030 $638,852.87 $484,791.44 $423,837.98 Performance Bond: $8,817.18 October 2031 $638,852.87 $484,791.44 $423,837.98 Total Cost without Discounts: $4,012,092.42 October 2032 $638,852.87 $484,791.44 $423,837.98 October 2033 $638,852.87 $484,791.44 $423,837.98
Cost: $3,622,845.00 October 2034 $484,791.44 $423,837.98 Budgetary Prepayment Discount: $304,788.00 October 2035 $484,791.44 $423,837.98 Cost with Discounts: $3,318,057.00 October 2036 $484,791.44 $423,837.98 Sales Tax @ 10.5%: $348,396.00 October 2037 $423,837.98 CA Tire Fee: $31.50 October 2038 $423,837.98
Performance Bond: $8,817.18 Rates 5.16% 5.38% 5.39%
Amount Financed: $3,675,301.68 Total Payments $4,471,970.08 $4,847,914.45 $5,086,055.73 Total Savings: $336,790.74 Effective Rate 2.79% 3.60% 3.85% * Rate as of September 14, 2026 and is fixed at closing. * Effective rate is the rate based on the price of the apparatus excluding prepayment discounts. It's what the rate needs to fall to at the time of delivery to obtain the lease payment available today with the 100% the lease payment available today with the 100% prepayment discount.

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(3 Engine) Lease Purchase with Prepayment Discounts (18-month deferred payment) Budgetary Numbers: Date 7 Year Lease Purchase 10 Year Lease Purchase 12 Year Lease Purchase Pierce Apparatus: (3) Enforcer Engines October 2026 Order/Lease Start Order/Lease Start Order/Lease Start Estimated Delivery: Per Contract April 2028 $661,214.33 $498,060.30 $435,493.06 Cost: $3,622,845.00 April 2029 $661,214.33 $498,060.30 $435,493.06 Sales Tax @ 10.5%: $380,398.74 April 2030 $661,214.33 $498,060.30 $435,493.06 CA Tire fee: $31.50 April 2031 $661,214.33 $498,060.30 $435,493.06 Performance Bond: $8,817.18 April 2032 $661,214.33 $498,060.30 $435,493.06 Total Cost without Discounts: $4,012,092.42 April 2033 $661,214.33 $498,060.30 $435,493.06 April 2034 $661,214.33 $498,060.30 $435,493.06
Cost: $3,622,845.00 April 2035 $498,060.30 $435,493.06
Budgetary Prepayment Discount: $304,788.00 April 2036 $498,060.30 $435,493.06 Cost with Discounts: $3,318,057.00 April 2037 $498,060.30 $435,493.06 Sales Tax @ 10.5%: $348,396.00 April 2038 $435,493.06
CA Tire Fee: $31.50 April 2039 $435,493.06
Performance Bond: $8,817.18 Rates 5.38% 5.39% 5.40%
Amount Financed: $3,675,301.68 Total Payments $4,628,500.31 $4,980,603.00 $5,225,916.72 Total Savings: $336,790.74 Effective Rate 3.27% 3.77% 3.98% * Rate as of September 14, 2026 and is fixed at closing. * Effective rate is the rate based on the price of the apparatus excluding prepayment discounts. It's what the rate needs to fall to at the time of delivery to obtain the lease payment available today with the 100% the lease payment available today with the 100% prepayment discount. *18-month deferred payment plan requires underwriting approval.

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(4 Engine) Lease Purchase with Prepayment Discounts
Budgetary Numbers: Date 7 Year Lease Purchase 10 Year Lease Purchase 12 Year Lease Purchase Pierce Apparatus: (4) Enforcer Engines October 2026 Order/Lease Start Order/Lease Start Order/Lease Start Estimated Delivery: Per Contract October 2027 $851,803.82 $646,388.59 $565,117.30 Cost: $4,830,460.00 October 2028 $851,803.82 $646,388.59 $565,117.30 Sales Tax @ 10.5%: $507,198.32 October 2029 $851,803.82 $646,388.59 $565,117.30 CA Tire fee: $42.00 October 2030 $851,803.82 $646,388.59 $565,117.30 Performance Bond: $11,756.24 October 2031 $851,803.82 $646,388.59 $565,117.30 Total Cost without Discounts: $5,349,456.56 October 2032 $851,803.82 $646,388.59 $565,117.30 October 2033 $851,803.82 $646,388.59 $565,117.30
Cost: $4,830,460.00 October 2034 $646,388.59 $565,117.30 Budgetary Prepayment Discount: $406,384.00 October 2035 $646,388.59 $565,117.30 Cost with Discounts: $4,424,076.00 October 2036 $646,388.59 $565,117.30 Sales Tax @ 10.5%: $464,528.00 October 2037 $565,117.30 CA Tire Fee: $42.00 October 2038 $565,117.30
Performance Bond: $11,756.24 Rates 5.16% 5.38% 5.39%
Amount Financed: $4,900,402.24 Total Payments $5,962,626.77 $6,463,885.93 $6,781,407.64 Total Savings: $449,054.32 Effective Rate 2.79% 3.60% 3.85% * Rate as of September 14, 2026 and is fixed at closing. * Effective rate is the rate based on the price of the apparatus excluding prepayment discounts. It's what the rate needs to fall to at the time of delivery to obtain the lease payment available today with the 100% the lease payment available today with the 100% prepayment discount.

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(4 Engine) Lease Purchase with Prepayment Discounts (18-month deferred payment) Budgetary Numbers: Date 7 Year Lease Purchase 10 Year Lease Purchase 12 Year Lease Purchase Pierce Apparatus: (4) Enforcer Engines October 2026 Order/Lease Start Order/Lease Start Order/Lease Start Estimated Delivery: Per Contract April 2028 $881,619.11 $664,080.40 $580,657.42 Cost: $4,830,460.00 April 2029 $881,619.11 $664,080.40 $580,657.42 Sales Tax @ 10.5%: $507,198.32 April 2030 $881,619.11 $664,080.40 $580,657.42 CA Tire fee: $42.00 April 2031 $881,619.11 $664,080.40 $580,657.42 Performance Bond: $11,756.24 April 2032 $881,619.11 $664,080.40 $580,657.42 Total Cost without Discounts: $5,349,456.56 April 2033 $881,619.11 $664,080.40 $580,657.42 April 2034 $881,619.11 $664,080.40 $580,657.42
Cost: $4,830,460.00 April 2035 $664,080.40 $580,657.42
Budgetary Prepayment Discount: $406,384.00 April 2036 $664,080.40 $580,657.42 Cost with Discounts: $4,424,076.00 April 2037 $664,080.40 $580,657.42 Sales Tax @ 10.5%: $464,528.00 April 2038 $580,657.42
CA Tire Fee: $42.00 April 2039 $580,657.42
Performance Bond: $11,756.24 Rates 5.38% 5.39% 5.40%
Amount Financed: $4,900,402.24 Total Payments $6,171,333.77 $6,640,804.00 $6,967,889.04 Total Savings: $449,054.32 Effective Rate 3.27% 3.77% 3.98% * Rate as of September 14, 2026 and is fixed at closing. * Effective rate is the rate based on the price of the apparatus excluding prepayment discounts. It's what the rate needs to fall to at the time of delivery to obtain the lease payment available today with the 100% the lease payment available today with the 100% prepayment discount. *18-month deferred payment plan requires underwriting approval.

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What is a Municipal Lease
* Some Volunteer Fire Departments depending on legal structure might not receive a “non-appropriation” clause and may have to hold a public hearing to receive tax-exempt interest.

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Benefits of a Municipal Lease
Conserve Cash
With leasing, a department only has to come up with a fraction of the cost of the apparatus versus the entire amount and can spread the entire capital cost gradually over time.

Leases do not require down payments and tend to have faster processing times and lower legal and administrative expenses than bonds or grants.

Lower Cost with Prepay Discounts
In a lease, PNC Bank prepays the order and becomes eligible for Pierce’s prepay discount program, which reduces the cost of the apparatus, lowers annual payments thus conserving even more cash. A lease with prepay discounts is generally more cost effective than a bond or grant financing that does not feature prepay discounts.

Defer Payments to Future Budget Years
Payments in a lease begin one year from the time of the apparatus order allowing a department to purchase at today’s cost and interest rates. The interest rate and payments are fixed at the time of order which simplifies the budgeting process. A department needs the money in next year’s budget to purchase the apparatus today. In certain situations, payments can be deferred even longer.

Maintain Fleet Replacement Plans
Fire apparatus(s) are often the most valuable assets in public safety and a lease plan enables a department to adhere to its fleet replacement plans in any economic environment through line-item budgeting of the apparatus investment. Older apparatus with escalating maintenance costs and depreciating resale values can be replaced with newer apparatus with lower maintenance and warranties. Maintaining fleet replacement plans is critical to matching the new technology and infrastructure demands of communities today. The new apparatus offers the latest advancements in both safety and operational efficiencies benefiting communities and their first responders.

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Pierce Financial
Solutions Program
Advantage
The same logic behind our custom chassis applies
to our financial services: Tailor the product to the
department, not the other way around.

Pierce and PNC Bank (4th largest bank-owned
leasing company in U.S.) partner to provide a taxexempt municipal leasing program that has financed > $1.5 Billion in Pierce Apparatus!
Pierce Financial Solutions Program Advantages:
 Flexible payment structures to meet your budget
requirements
 Deferred payment option to simplify budgeting
 Industry’s most extensive lines of lease plans for fleet replacement
 Prepay program to lower payments and eliminate interest rate risk
 100% Financing with no documentation fees
 Highly Competitive tax-exempt interest rates
 Quick approvals that can bypass voter referendums
Customized Financing
For a One-of-a-Kind Customized Apparatus.

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Finance Program Options
Tax-Exempt Lease Purchase Plan
A lease purchase financing plan allows municipalities to make fixed payments to own the apparatus at the end of the lease term. With a lease purchase plan, you can pay for the apparatus gradually over time, allowing municipalities to use available capital for operations or other needs. Terms for this plan range from 2 to 15 years (10 years for apparatus with commercial chassis).

Choose a lease purchase if:

You prefer ownership of the apparatus and need to spread capital costs over time.

Benefits of a Lease Plan:

Leverages operating budget to enable an acceleration of fleet replacement New apparatus lease payments can be offset by maintenance savings from the replacement of older apparatus Receive 100% of Pierce prepayment discounts to reduce payments and effective interest rate (further leverages budget) Line items budget allowing municipality to maintain fleet replacement program Lower interest rates than commercial financing (PNC Bank does not pay income tax on interest and passes savings to municipality) Avoids long-term debt classification (lease does not count against municipal debt limits) No voter approval or referendum required reducing time and legal expenses Contains a non-appropriation clause*
• Non-appropriation clause allows a government agency to terminate the agreement without penalty at the end of a fiscal year if funds are legally unavailable from the budget. This ensures the agreement is treated as a current expense rather than long-term debt.

All kinds of plans for all kinds of departments

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Finance Program Options
Tax-Exempt Turn-In Lease Plan
The turn-in lease plan contains a “balloon payment” for the estimated resale value of the apparatus at the end of the lease. Terms for this plan range from 2 to 10 years of use. This lease contains mileage and apparatus condition provisions, with 10,000 and 15,000 annual mileage options available. A department has two options at lease term:

1. Purchase the apparatus by paying off or refinancing the “balloon payment.”

2. Return the apparatus to Pierce and lease a new Pierce apparatus (Pierce pays off the balloon payment).

Choose a turn-in lease if:

You want to pay for the use of the apparatus over the lease term and need a flexible, cost-effective fleet management program.

Additional Benefits of the Turn-In Lease:

Cost-effective fleet management program – ensuring your fleet has the latest advancements in both safety and operational efficiencies.

Lower reserve fleet requirements
Additional Maintenance savings
All kinds of plans for all kinds of departments

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Lease
Start
Options
Montebello Fire can start the
financing at any time from the
date of order to the date of
delivery
Montebello Fire will receive
all remaining Pierce prepay
discounts from the financing
start date to the date of
delivery.

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Making Lease Payments Prior To Delivery
Lease payments made prior to delivery have two layers
of protection:

1. Pierce Performance Bond
Ensures that the customer will receive the apparatus in accordance with the terms of the contract agreement.

Guarantees one year warranty will be performed.

2. PNC“Four Party Agreement” in lease contract
If Pierce fails to deliver Equipment, then Pierce shall pay to Lessee the Lessee’s payments and the amount owed to PNC (the lease is refunded).

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Program
Contacts
Tom Whitmer
Director, Customer Finance
[email protected]
920.267.1256
Matthew Titel
Manager, Customer Finance
[email protected]
920.810.9343
Kim Simon
Vice President – Account Executive
[email protected]
614.670.3994

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Extension
( 3 )
$ 3,622,842.81
Sales Tax @ 10.500% $ 380,398.50
$ 4,003,241.31
Performance Bond $ 8,817.16
California Tire Fee $ 31.50
Consortium Fee Not Applicable $ -
$ 4,012,089.97
The above proposal price shall be valid until or extended in writing by South Coast Fire Equipment.

Said apparatus and equipment are to be built by the manfacturer and shipped in accordance with the specifications hereto attached, delays due to strikes, war or international conflict, failures to obtain chassis, materials, inability to obtain labor, supplies or manufacturing facilities, epidemics, acts of God, or causes beyond our control not preventing, delivery would be 33 months after receipt of this order and acceptance thereof at our office in Corona, California, and deliver to you at

PROPOSAL FOR FURNISHING FIRE APPARATUS
for final acceptance by South Coast Fire Equipment, Inc., at its corporate office in Corona, California, Each
August 11, 2026
Montebello Fire Department
The undersigned is prepared to provide for you, our customer, upon an order being placed by you, the apparatus and equipment herein named and for the following prices:

Montebello, CA 90640
600 N. Montebello Blvd
Three
. The buyer must make the payment
within 15 days to obtain the full discount. Payments not received with in the 15 days are subject to an adjustment to the Total Purchase Price for the prepayment. $ 1,207,614.27
Pierce Enforcer Triple Combination Engines
$ 126,799.50
$ 2,939.05

TOTAL PURCHASE PRICE
$ -
10/31/26
Payment Terms - Payment is due of the Total Purchase Price at time of delivery. Changes to the specifications since the time of order can added to the Total Purchase Price or invoiced on a separate invoice. The final sales tax amount will be determined at time of delivery based on the tax rate at that time. An increase or decrease in cost will be reflected on the final invoice.

If the customer would desire to pay for the apparatus within 15 days of the purchase order being accepted the

APPARATUS COST WITH TAX
$ 10.50
$ 1,334,413.77
$ 1,337,363.32
If the customer so desires to purchase the Product described in the Proposal and the attached specifications, prior to the expiration date listed above, the Customer shall sign and return this proposal. The Customer can then provide their choice of document for entering into the agreement by providing a Purchase Order, or signing a Contract with South Coast Fire Equipment, 3150 Palisades Dr. Corona, CA 82878 as the seller.

Montebello, CA.

Total Purchase Price would be reduced to $3,675,299.23
The specifications herein contained shall form a part of the final contract and are subject to changes desired by the purchaser, provided such alterations are interlined prior to the acceptance by the company of the order to purchase, and provided such alterrations do not matterially affect the cost of the construction of the apparatus

Page 197 of 653 ends

The proposal for fire apparatus conforms with all Federal Department of Transportation (DOT) rules and regulations in effect at the time of bid, and with all National Fire Protection Association (NFPA) guidelines for Automotive Fire Apparatus as published at time of bid, except as modified by customer specifications Any increased costs incurred by the first party because of future changes in or additoinas to said DOT or NFPA standards will be passed along to the customer as an addition to the price set forth above. Unless accepted within 30 days from the specified date, the right is reserved to withdraw this proposition.

Respectfully Submitted,
South Coast Fire Equipment, Inc.

Sales Representative Signature:____________________________________ Title:_______________ Date:____________________
I, ___________________ authorized representative of
________________________ agrees to purchase the
proposed product(s) and agree to the terms and conditions of this proposal and the specifications hereto attached.

Adrian Beyer
Force Majeure - South Coast Fire Equipment shall not be responsible nor deemed to be in default on accountof delays in performance due to causes which are beyond the seller's and manufacturer's control and make the seller's performance impracticable, including but not limited to wars, insurrections, strikes, riots, fires, storms, floods, other acts of nature, explosions, earthquakes, accidents, any act of government, delays in transportation, inability to obtain necessary labor supplies or manufacturing facilities, allocation regulations or orders affecting materials, equipment, facilities or completed products, failure to obtain any required license or certificates, acts of God or the public enemy or terrorisim, failure of transportation, epidemics, quarantine restrictions, failure of vendors (due to causes similiar to those within the scope of the clause) to perform their contracts or labor troubles causing cessation, slowdow, or interruption of work.

Cancellation/Termination. In the event this Agreement is cancelled or terminated by a party before completion, South Coast Fire Equipment (SCFE) may charge a cancellation fee. The following charge schedule based on costs incurred may be applied: (a) 10% of the Purchase Price after order is accepted and entered by Manufacturer; (b) 20% of the Purchase Price after completion of approval drawings, and; (c) 30% of the Purchase Price upon any material requisition. The cancellation fee will increase accordingly as costs are incurred as the order progresses through engineering and into manufacturing. SCFE endeavors to mitigate any such costs through the sale of such Product to another purchaser; however Customer shall remain liable for the difference between the Purchase Price and, if applicable, the sale price obtained by SCFE upon sale of the Product to another purchaser, plus any costs incurred by SCFE to conduct any such sale.

Due to global supply chain constraints, any delivery date contained herein is a good faith estimate as of the date of this order/contract, and merely an approximation based on current information. Delivery updates will be made available, and a final firm delivery date will be provided as soon as possible.

Persistent Inflationary Environment: If the Producer Price Index of Components for Manufacturing (www.bls.gov Series ID: WPUID6112) ("PPI") has increased at a compounded annual growth rate of 5.0% or more between the month Pierce accepts the order (Order Month") and a month 14 months prior to the then predicted Ready For Pickup date ("Evalution Month"), then pricing may be updated in an amount equal to the increase in PPI over 5.0% for each year or fractional year between the Order Month and the Evaluation The Seller will document any such updated price for the customer's approval before proceeding and provide an option to cancel the order without charge if the updated price is not accepted.

Page 198 of 653 ends

Extension
Three ( 3 )
$ 3,622,842.81
100% Prepayment Discount $ (304,788.00)
APPARATUS COST $ 3,318,054.81
Sales Tax @ 10.500% $ 348,395.76
Performance Bond $ 8,817.16
Consortium Fee Not Applicable $ -
California Tire Fee $ 31.50
$ 3,675,299.23
Less 100% pre-payment at Contract Signing $ 3,675,299.23 BALANCE DUE AT DELIVERY $0.00
require no money down and no payments for one (1) year if desired.

Discount for the 100% pre-payment option includes discounts for the chassis, interest, aerial (if applicable), and flooring charges.

Any item added after this option is elected will come at additional cost and will be added to the final invoice.
*
*
a) If your department makes a 100% cash pre-payment at contract signing. b) If your department signs up for a lease-purchase with Pierce Financial Solutions. This would $0.00
100% PRE-PAYMENT DISCOUNT SHOWN ABOVE IS AVAILABLE IN TWO WAYS:
$ -
$ 10.50
TOTAL PREPAY PURCHASE PRICE $ 1,222,160.69
$ 1,222,160.69
$ 1,207,614.27
$ (101,596.00)
$ 1,106,018.27
$ 116,131.92
$ -
the final invoice:

Each
Pierce Enforcer Triple Combination
Engines
Montebello Fire Department
100% Pre-Payment Option
August 11, 2026
If a 100% pre-payment were made at contract signing, the following discount would be applied to

Page 199 of 653 ends

Montebello City CouncilOctober 14, 2026

Montebello City Council
October 14, 2026