LOCATION:
El Monte City Hall – East
City Council Chambers
11333 Valley Boulevard
El Monte, CA 91731
DATE AND TIME:
Tuesday,
November 29, 2022
6:00 p.m.
ADJOURNED REGULAR MEETING AGENDA
OF THE
CITY COUNCIL OF THE CITY OF EL MONTE
MEETING JOINTLY AND REGULARLY WITH THE EL MONTE HOUSING AUTHORITY; EL MONTE PUBLIC FINANCING AUTHORITY; EL MONTE WATER AUTHORITY; EL MONTE PARKING AUTHORITY; SUCCESSOR AGENCY TO THE FORMER EL MONTE COMMUNITY REDEVELOPMENT AGENCY; HOUSING SUCCESSOR AGENCY; AND, FROM TIME TO TIME, SUCH OTHER BODIES OF
THE CITY WHOSE MEMBERSHIP IS COMPOSED EXCLUSIVELY OF THE MEMBERSHIP OF THE CITY
COUNCIL
COUNCILMEMBERS/AUTHORITY MEMBERS:
Jessica Ancona, Mayor
♦ Alma D. Puente, Mayor Pro Tem ♦ Martin R. Herrera, Councilmember ♦ Victoria Martinez Muela, Councilmember ♦ Dr. Maria Morales, Councilmember
This meeting shall be conducted in compliance with the procedures set forth under AB361 which allows local legislative bodies to continue conducting virtual meetings under certain emergency circumstances without strictly complying with traditional Brown Act teleconferencing requirements, so long as there is a live comment option for public comments, meetings are paused for any technical difficulties that affect public participation, and each agenda contains information on how to access the meeting as well as how to participate in public comment virtually. The El Monte City Council (“City Council”) has availed itself of the procedures of AB361 for this meeting by resolution last approved at its meeting of February 1, 2022.
Members of the public wishing to observe the meeting may do so in any of the following ways:
(1) Turn your TV to Channel 3; or
(2) City’s website at http://www.elmonteca.gov/378/Council-Meeting-Videos; or (3) In person.
Persons wishing to offer public comment for this meeting may do so:
(1) By directly addressing the City Council in person at the time(s) allotted on the agenda for such comment. Persons wishing to address the City Council in person are asked to fill-out a blue speaker card providing their name and indicating whether they wish to address the Council on an item(s) of business appearing under (i) the Closed Session portion of the agenda; (ii) the Public Hearing portion of the agenda; (iii) any item of business appearing under any other portion of the agenda; and/or (iv) a non-agendized matter that is within the subject matter jurisdiction of the City Council. Speaker City Council Adjourned Meeting of November 29, 2022
El Monte City Council ♦ El Monte Housing Authority ♦ El Monte Financing Authority ♦ El Monte Parking Authority ♦ El Monte Water Authority
cards should be submitted to the City Clerk or the Sergeant at Arms (a uniformed El Monte Police Officer) before the City Council’s approval of the agenda, if possible; or
(2) By calling-in to the conference line at (888) 204-5987; Code 8167975 by or before any of the specific times allotted on the agenda for public comment. At each point of the agenda at which public comment is received, the City Council, through the pr esiding officer, will ask the City Clerk if there are any members of the public who have called in who wish to address the City Council on a particular matter or grouping of matters. When calling in, members of the public shall inform the attendant which item(s) of business they wish to speak on, and callers will be connected by telephone when the time for commenting on such items is commenced.
As described in greater detail below, members of the public may address the City Council (i) on agendized closed session items of business prior to the City Council going into closed session; (ii) on items of business listed under the heading Public Hearings when the public hearing on the item the speaker/caller wishes to speak on is opened; and (iii) on all other items of agendized and non- agendized business during the portion of the agenda entitled General Public Comment. The City Council shall be under no obligation to entertain comments from persons who (i) submit a speaker card after the City Council closes the applicable commenting period; or (ii) call-in after the City Council closes the applicable commenting period. With this in mind, speakers are strongly encouraged to submit cards or call in as early as possible to avoid missing the opportunity to speak. The City Council shall be under no obligation to respond to or deliberate upon any specific questions or comments posed by a speaker or take action on any issue raised by a speaker beyond such action as the City Council may be lawfully authorized to take on an agendized matter pursuant to the Brown Act (Govt. Code Section 54950 et seq.) (“Brown Act”) Members of the City Council may provide brief clarifying responses to any comment made or questions posed. Persons who wish to address the City Council are asked to state their name and address for the record. Speakers may not lend any portion of their speaking time to other persons or borrow additional time from other persons. All comments or queries presented by a sp eaker/caller shall be addressed to the City Council as a body and not to any specific member thereof. No questions shall be posed to any member of the City Council except through the presiding official of the meeting, the Mayor and/or Chair. The City Council may not engage in any sort of prolonged discussion or deliberation with any speaker or group of speakers on matters that are not listed on this agenda, nor may the City Council take action an any non-agendized items of business, except as specifically authorized under the Brown Act.
Enforcement of Decorum: The Chief of Police, or such member, or members of the Police Department as the Chief of Police may designate, s hall serve as the Sergeant-at-Arms of any City Council meeting. The Sergeant-at-Arms shall carry out all orders and instructions given by the presiding official for the purpose of maintaining order and decorum at the meeting. While members of the public are free to level criticism of City policies and the action(s) or proposed action(s) of the City Council or its members, members of the public may not engage in behavior that is disruptive to the orderly conduct of the proceedings, including, but not limited to, conduct that prevents other members of the public from being heard when it is their opportunity to speak or which prevents members of the audience from hearing or seei ng the proceedings; speaking off topic or speaking beyond the speakers allotted time limit. Members of the public may not threaten any person with physical harm or act in a manner that may reasonably be interpreted as an imminent threat of physical harm. All persons participating in the meeting must adhere to the City’s policy barring harassment based upon a person’s race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, sexual orientation, or age.
City Council Adjourned Meeting of November 29, 2022
El Monte City Council ♦ El Monte Housing Authority ♦ El Monte Financing Authority ♦ El Monte Parking Authority ♦ El Monte Water Authority
Instruction regarding accommodation under the Am ericans with Disabilities Act can be found on the last page of this Agenda.
1. CALL TO ORDER:
2. ROLL CALL FOR CITY COUNCIL AND AUTHORITY BODIES:
Jessica Ancona, Mayor/Chair
Alma D. Puente, Mayor Pro Tem/Authority Member
Martin R. Herrera, Councilmember/Authority Member
Victoria Martinez Muela, Councilmember/Authority Member Dr. Maria Morales, Councilmember/Authority Member
3. APPROVAL OF AGENDA:
4. INVOCATION: City Council.
5. FLAG SALUTE: City Council.
6. GENERAL PUBLIC COMMENT:
This time has been set aside for members of the public to directly address the City Council on agendized items of business (other than those agendized as public hearing or closed session items) or on any other matter of interest to the speaker/caller that is within the subject matter jurisdiction of the City Council, the Housing Authority, the Financing Authority and/or the Water Authority (collectively, the “Council”). Each speaker/caller will be limited to a single allotment of three (3) continuous minutes total to address the Council on any or all matters covered by this section. As explained more specifically under the Public Hearing portion of this agenda, members of the public wishing to offer comment on items of business agendized under the Public Hearing portion of the agenda shall have a separate allotment of three (3) continuous minutes per speaker per public hearing item. Except as otherwise provided under the Brown Act (Gov. Code Section 54950 et seq.), the Council may not deliberate or take action upon any matter not listed on this posted agenda but may order that any such matter be placed on the agenda for a subsequent meeting. The Council may also direct staff to investigate certain matters for consideration at a future meeting. Persons wishing to address the Council on matters covered under General Public Comment shall call in or submit a speaker card in the manner prescribed on page 1 of this agenda, above, by or before the General Public Comment portion of the agenda is closed. The City Council shall be under no obligation to entertain comments from speakers/callers wh o submit cards or call in to speak on matters covered by the section after the General Public Comment portion of the agenda is closed.
City Council Adjourned Meeting of November 29, 2022
El Monte City Council ♦ El Monte Housing Authority ♦ El Monte Financing Authority ♦ El Monte Parking Authority ♦ El Monte Water Authority
7. CONSENT CALENDAR:
All matters listed under the Consent Calendar are considered to be routine in nature and may be enacted by one motion approving the recommendation listed on the Agenda. One or more items may be removed from the Consent Calendar so that they may be discussed, considered, and voted upon individually by the Council. A matter may be removed from the Consent Calendar and taken up separately by way of a seconded motion of any member of the Council with the approval of a majority of the Council quorum.
7.1 Waiver of Full Reading of Ordinance(s).
RECOMMENDATION OF BUSINESS ITEM UNDER CONSIDERATION:
It is recommended that the City Council:
1. Approval to waive full reading (except tit le) of all ordinances appearing on the City Council agenda as authorized under Government Code Section 36934, unless otherwise directed by the City Council.
Total Cost: N/A Account No: N/A
Is the cost of this item budgeted? N/A
7.2 Consideration and Approval of a Second Reading of an Ordinance of the City Council of the City of El Monte, County of Los Angles, State of California, Approving Zone Change No. 05-22 to Amend the Zoning Map for the 13.66-Acre Property located at 4024 Durfee Avenue; Code Amendment No. 802 to Amend Title 17 of the El Monte Municipal Code; Specific Plan No. 06-22 to Establish the Esperanza Village Specific Plan for the 13.66-Acre Property Located at 4024 Durfee Avenue; and Development Agreement No. 07-22 Between the City of El Monte and Prima Development, LLC for the Development of a Mixed-Use Project on 6.11 Acres of the 13.66-Acre Property Located at 4024 Durfee Avenue.
RECOMMENDATION OF BUSINESS ITEM UNDER CONSIDERATION:
It is recommended that the City Council:
1. Ratify the proposed Ordinance by second reading by no less than three (3) votes.
Total Cost: N/A Account No: N/A
Is the cost of this item budgeted? N/A
Ordinance No. 3018
City Council Adjourned Meeting of November 29, 2022
El Monte City Council ♦ El Monte Housing Authority ♦ El Monte Financing Authority ♦ El Monte Parking Authority ♦ El Monte Water Authority
7.3 Consideration and Approval of a Resolution Cast ing All of the City of El Monte’s Votes for Councilmember Victoria Martinez Muela to Serve as an Alternate Board Member of the San Gabriel Basin Water Quality Authority Board of Cities with Pumping Rights.
RECOMMENDATION OF BUSINESS ITEM UNDER CONSIDERATION:
It is recommended that the City Council:
1. Consider and approve the adoption of a Resolution casting all of the City of El Monte’s votes for Councilmember Victoria Martinez Muela to serve as Alternate Board Member of the San Gabriel Basin Water Quality Authority Board of Cities with pumping rights.
Total Cost: N/A Account No: N/A
Is the cost of this item budgeted? N/A
Resolution No. 10408
8. REGULAR AGENDA:
8.1 Consideration and Approval of a Professi onal Services Agreement for Geoviewer Software Subscription and Support Services with Nobel Systems, Inc. for Various City Departments.
RECOMMENDATION OF BUSINESS ITEM UNDER CONSIDERATION:
It is recommended that the City Council:
1. Consideration and approval to award a Professional Services Agreement for Geoviewer software subscription and support services to Nobel Systems, Inc. for various City departments for a not-to-exceed amount of $155,450 for Fiscal Year 22/23 and $146,850 for Fiscal Years 23/24 and 24/25, and an additional three (3) year extension at $161,535 per Fiscal Year; and
2. Authorize the City Manager, or her designee, to execute the Professional Services Agreement.
Total Cost: $155,450 (FY 22/23) Account No.: 600-67-695-6111 - $57,225 $146,850 (FY 23/24 Water
and FY 24/25) 650-67-695-6111 - $57,225
S e w e r
100-61-611-6321 - $31,000
FY 22/23 and
$22,400 FY 23/24 and FY 24/25
225-67-677-6111 - $10,000
Is the cost of this item budgeted? Yes Engineering
City Council Adjourned Meeting of November 29, 2022
El Monte City Council ♦ El Monte Housing Authority ♦ El Monte Financing Authority ♦ El Monte Parking Authority ♦ El Monte Water Authority
8.2 Consideration and Approval of a Contract Services Agreement with Zenith Kraftwerk LLC for the Bus Stop Improvement Project, Capital Improvement Project CIP No. 077 for a Not-to-Exceed Amount of $125,723.
RECOMMENDATION OF BUSINESS ITEM UNDER CONSIDERATION:
It is recommended that the City Council:
1. Consider and approve a Contract Services Agreement with Zenith Kraftwerk LLC for the Bus Stop Improvement Project, CIP No. 077, for a not-to-exceed amount of $125,723 which includes the contract amount of $114,294 plus a ten percent (10%) contingency of $11,429; and
2. Authorize the City Manager, or her designee, to execute the Contract Service Agreement with Zenith Kraftwerk LLC.
Total Cost: $125,723 Account No.: 203-67-077-8221
Is the cost of this item budgeted? Yes
8.3 Consideration and Approval of a Contract Change Order for All American Asphalt for the Active Transportation for El Monte Station and Downtown El Monte Project, CIP No. 890 for a Not-to-Exceed Amount of $146,455.98.
RECOMMENDATION OF BUSINESS ITEM UNDER CONSIDERATION:
It is recommended that the City Council:
1. Consider and approve a Contract Change Order in the amount of $146,455.98 for All American Asphalt, Inc. (“AAA”) for the Active Transportation for El Monte Station and Downtown El Monte Project – CIP No. 890 (the “Project”);
2. Consider and approve an increase of an additional two and a half percent (2.5%) to the project contingency to be utilized only if necessary and with the approval of the City Manager, or her designee; and
3. Authorize the City Manager, or her designee, to execute an Amendment to the Construction Contract with All American Asphalt, Inc.
Total Cost: $193,639.10 Account No.: 225-67-890-8221 Is the cost of this item budgeted? Yes Measure M
8.4 Consideration and Approval of a Contract Services Agreement with Weck Laboratories, Inc. for Sampling Requirements of Water System Per State and Federal Regulations for Fiscal Year 2022-2023 for a Not-to-Exceed Amount of $80,000.
RECOMMENDATION OF BUSINESS ITEM UNDER CONSIDERATION:
It is recommended that the City Council:
City Council Adjourned Meeting of November 29, 2022
El Monte City Council ♦ El Monte Housing Authority ♦ El Monte Financing Authority ♦ El Monte Parking Authority ♦ El Monte Water Authority
1. Consider and approve a Contract Services Agreement with Weck Laboratories, Inc. for sampling requirements of the water system per State and Federal regulations for Fiscal Year 2022-2023 for a not-to-exceed amount of $80,000.
Total Cost: $50,000 Account No.: 600-67-696-6161
$30,000 600-67-679-6161
Is the cost of this item budgeted? Yes
8.5 Consideration and Approval to Use Asset Forfeiture Funds for Overtime Costs for Members of the Detective Bureau.
RECOMMENDATION OF BUSINESS ITEM UNDER CONSIDERATION:
It is recommended that the City Council:
1. Consider and approve the use of Asset Forfeiture Funds from Account No. 259-71-711- 5132 in an amount not-to-exceed $50,000 for overtime expenditures related to addressing urgent critical investigations.
Total Cost: $50,000 Account No.: 259-71-711-5132
Is the cost of this item budgeted? N/A Asset Forfeiture Funds
8.6 Consideration and Approval for the Purchase of an Audio Recording System with State Funding for the Police Department Communications Center.
RECOMMENDATION OF BUSINESS ITEM UNDER CONSIDERATION:
It is recommended that the City Council:
1. Consider and approve a Contract with Capture Technologies for the purchase of an Eventide 32-channel audio recording system, including sixty months of 24/7 onsite tech support in an amount not-to-exceed $68,082.50 using State funding.
Total Cost: $68,082.50 Account No.: N/A
Is the cost of this item budgeted? N/A
8.7 Consideration and Approval to Use Asset Forfeiture Funds for the Purchase of Three (3) New Vehicles for the Police Department.
RECOMMENDATION OF BUSINESS ITEM UNDER CONSIDERATION:
It is recommended that the City Council:
City Council Adjourned Meeting of November 29, 2022
El Monte City Council ♦ El Monte Housing Authority ♦ El Monte Financing Authority ♦ El Monte Parking Authority ♦ El Monte Water Authority
1. Consider and approve the appropriation of Asset Forfeiture funds to purchase and outfit three (3) new vehicles for patrol use in an amount not-to-exceed $303,000;
2. Consider and approve the purchase of the vehicles from the designated sole source dealership identified as the National Auto Fleet Group – A Division of Chevrolet of Watsonville/Wondries Fleet Group; and
3. Authorize the City Manager, or her designee, to sign all related documents.
Total Cost: $303,000 Account No.: 259-71-712-8132
Is the cost of this item budgeted? N/A Asset Forfeiture Funds
9. CITY ATTORNEY’S AGENDA:
10. CITY MANAGER’S AGENDA:
11. WRITTEN COMMUNICATIONS:
City Council Adjourned Meeting of November 29, 2022
El Monte City Council ♦ El Monte Housing Authority ♦ El Monte Financing Authority ♦ El Monte Parking Authority ♦ El Monte Water Authority
12. COUNCIL COMMUNICATIONS/REPORTS:
12A. Mayor Ancona
12B. Mayor Pro Tem Puente
12C. Councilman Herrera
12D. Councilwoman Martinez Muela
12D.1 Discussion Regarding Nonprofit Organizations – Use of City Facilities and Donation Policy.
12D.2 Discussion Regarding City Administration’s Duties Per the ICMA Ethics Guidelines.
12D.3 Discussion Regarding City Administration’s Hiring Processes.
12D.4 Discussion on Providing a City Overview Workshop for New Councilmembers Including Closed Session Items.
12D.5 Discussion and Approval of Funding for Oath of Office Swearing in Ceremony.
12E. Councilwoman Dr. Morales
City Council Adjourned Meeting of November 29, 2022
El Monte City Council ♦ El Monte Housing Authority ♦ El Monte Financing Authority ♦ El Monte Parking Authority ♦ El Monte Water Authority
13. ADJOURNMENT:
The next Regular Meeting of the City Council will be held on December 6, 2022 at 6:00 p.m. This Agenda will be posted on the City’s website, www.ci.el-monte.ca.us, and physically posted no less than 72 hours prior to the start of the subject regular meeting. Alt hough it is the City’s practice and desire to electronically post a copy of this Agenda along with supporting material as part of its website posting, the size or formatting of certain supporting materials may render their website posting infeasible. Nevertheless, all supporting materials related to any item on this Agenda, that is made available to the members of the council may be inspected by members of the public at the City Clerk’s Office located at 11333 Valley Boulevard, El Monte, Monday through Thursday, 7:00 am – 5:30 pm. For more information, please call the City Clerk’s Office at 626-580-2016.
All public meetings and events sponsored or conduc ted by the City of El Monte are held in sites accessible to persons with disabilities. Requests for accommodations may be made by calling the office of the City Clerk at (626) 580-2016 at least three (3) working days prior to the event, if possible.
This Agenda and copies of documents distributed at the meeting are available in alternative formats upon request.
Posted: November 23, 2022 at 3:45 p.m.
7.2 7.3
8.1 8.2
8.3 8.4
8.5 8.6
8.7