Agenda — Montebello City Council, February 23, 2022 (part 1 of 3)

CITY OF MONTEBELLO

CITY COUNCIL REGULAR MEETING AGENDA

WEDNESDAY, FEBRUARY 23, 2021 AT 5:00 P.M.

CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD

MONTEBELLO, CALIFORNIA

CITY COUNCIL
Kimberly A. Cobos-Cawthorne, Mayor
Angie M. Jimenez, Mayor Pro Tem
Scarlet Peralta, Councilmember
Salvador Melendez, Councilmember
David N. Torres, Councilmember

CITY MANAGER CITY TREASURER CITY ATTORNEY
René Bobadilla, City Manager Rafael Gutierrez Arnold M. Alvarez-Glasman

CITY CLERK
Christopher Jimenez

DEPARTMENT HEADS
Assistant City Manager Arlene Salazar
Fire Chief Fernando Pelaez
Police Chief Brad Keller
Director of Finance Michael Solorza
Director of Human Resources Nicholas Razo
Director of Planning/Community Development Joseph Palombi Director of Public Works James Enriquez
Director of Recreation and Community Services David Sosnowski Director of Transportation Lupita Ibarra

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NOTICES

COVID-19 NOTICE: Pursuant to the Executive Order N-29-20 and No. N-35-20 from the Executive Department of the State of California and the County of Los Angeles Department of Public Health Safer at Home Order, Council Members may attend City Council meetings via teleconferencing and make public meetings accessible telephonically or electronically to all members of the public seeking to observe and address the City Council. The City Council and Staff will meet in person at City Hall but due to the increased transmission of COVID -19 and to ensure the health and saf ety of the public, the Council Chambers will be closed to the public and all real time public participation, pursuant to Assembly Bill 361, will continue to occur telephonically and/or in writing until further notice. Consistent with the Executive Order, the City Council meeting will continue to be live streamed and can be watched on the City’s website at:
https://www.cityofmontebello.com/government/live-streaming.html, and may also be viewed on Spectrum Public Access Channel 3 for all Spectrum cable subscribers.

AMERICANS WITH DISABILITIES ACT: In compliance with the Americans with Disabilities Act (ADA) any person with a disability who req uires special accommodations in order to participate in a meeting should contact the Administration Office at (323) 887-1363 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 48 hours before this meeting.

Si necesita servicios de traducción, comuníquese con la Oficina del Secretario Municipal 72 horas antes de esta reunión. 如果您需要翻译服务，请在会议前 72 小时联系市书记员办公室.

STATEMENT OF PUBLIC COMMENTS AND PARTICIPATION: Members of the public may address the City Council on Closed Session items during the “Public Comments for Closed Session Items” period. The public may also address the City Council on a ny items listed on the Agenda and on items not listed on the Agenda (N on-Agenda Items) during the “Public Comments” period. State Law prohibits the City Council from taking action or entertaining extended discussion on a topic not listed on the agenda. In order to conduct a timely meeting, the maximum time allotted for members of the public to speak on any or all agenda items and on any Non-Agenda Item(s) shall not exceed three (3) minutes per person; the period for all “Public Comments” may be limited to 30-minutes.

Pursuant to Assembly Bill 361, for those interested in participating during the public comment period or public testimony period for public hearings of the City Council meetings , you may call in to the City Clerk’s office as listed below until the day of the meeting prior to the start of each Public Comments period, Wednesday, February 23, 2022.

The public can submit speaker card requests telephonically by calling (323) 887-1216, Staff will complete/number the speaker cards and speakers will be called in the order received during the City Council meeting – Closed Session begins at 5:00 p.m. and Regular Session begins at 6:00 p.m. The exact call back time is not predictable due to the nature of the City Council agenda. As a result, you must be available until the end of the public comments period(s).

The City has also created an email address , [email protected], where the public can submit written comments up until the day of the meeting, Wednesday, February 23, 2022 between 7:30 a.m. – 3:00 p.m. These comments will be submitted to all members of the City Council and may not be read aloud, but will be entered into the record of the proceedings to the extent they relate to matter s listed on the posted agenda or otherwise address matters/issues within the subject matter jurisdiction of the City Council. Any requests to provide public comment which is submitted after the deadlines indicated above will not be submitted to the City Council until the after the meeting, with the exception of non-agenda written item comments which will be held over for the next regularly scheduled meeting.

AGENDA MATERIALS: The agenda/ agenda packet are available for public inspection at City’s website at:
https://www.cityofmontebello.com/council-agendas.html. The agenda cover sheets may also be emailed upon request.

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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

ROLL CALL

PUBLIC COMMENTS FOR CLOSED SESSION ITEMS
Pursuant to AB 361 and the guidelines specifically stated in this agenda above, at this time, the general public may address the City Council on Closed Session Items. Please be aware that th e maximum time allotted for members of the public to speak on Closed Session Items shall not exceed three (3) minutes per person. State Law prohibits the City Council from taking action or entertaining extended discussion on a topic not listed on the agenda. Please show courtesy to others and direct all of your comments to the Mayor.

CLOSED SESSION – 5:00 P.M.

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

1. THREAT TO PUBLIC SERVICES OR FACILITIES
Government Code Section 54957
Consultation with City Manager, Police Chief, City Attorney and other related City officials.

REGULAR SESSION – NO LATER THAN 6:00 P.M.

CLOSED SESSION REPORT

INVOCATION

PLEDGE OF ALLEGIANCE

CORRECTIONS TO THE AGENDA – CITY MANAGER

CEREMONIAL/PRESENTATIONS

2. RECOGNITION OF CITIZEN OF THE MONTH – SHUSHMA PATEL, RPH FROM THE

PRESCRIPTION SHOP MONTEBELLO

PUBLIC COMMENTS ON NON-AGENDA AND AGENDA ITEMS (30 MINUTES) Pursuant to AB 361 and the guidelines specifically stated in this agenda above, at this time, the general public may address the City Council on both non-agenda and agenda items. Please be aware that the maximum time allotted for members of the public to speak shall not exceed three (3) February 23, 2022: City Council Meeting Page 4 of 9

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.

STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST

PUBLIC HEARING

3. CALIFORNIA VOTING RIG HTS ACT (“CVRA”) PUB LIC HEARING NO. 4 AN D INTRODUCTION AND FIRST READING OF AN ORDINANCE NO. 244 4 ESTABLISHING THE B Y-DISTRICT

ELECTION PROCESS OF CITY COUNCILMEMBERS

RECOMMENDATION: It is recommended that the City Council:

1) Receive input from the public regarding the six (6) draft City Council district maps (Attachment A) selected for further discussion and consideration; and 2) Select the final City Council district map; and
3) Introduce and conduct the First Reading of Ordinance No. 2444 (Attachment B) establishing a by-district elections process for the election of City Councilmembers of the City of Montebello (“City”); and
4) Take such additional, related, action that may be desirable.

REGULAR BUSINESS

4. REVIEW AND APPROVE T HE STATE AUDITOR REQ UIRED CORRECTIVE ACT ION PLAN, VERSION 2.0, TO INCLUDE PROGRESS MADE FROM NOVEMBER 2021 THROUGH FEBRUARY 2022

RECOMMENDATION: It is recommended that the City Council:

1) Review the attached Corrective Action Plan, Version 2.0, as required by the State Auditor as the City’s response to Report 2021-807; and
2) Approve the Corrective Action Plan, Version 2.0, Updated to Include Progress Made Since November, 2021 and direct staff to submit the report to the State Auditor; and 3) Take such additional, related, action that may be desirable.

CONSENT CALENDAR
All matters listed und er the consent calendar are considered to be routine. Any items a councilmember wishes to discuss 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.

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5. AB 361 FINDINGS

RECOMMENDATION: It is recommended that the City Council:

1) Receive and file this report and make the following findings: (a) The City Council has reconsidered the circumstances of the state of emergency; and (b) the following circumstances exist, (i) the state of emergency continues to directly impact the ability of the members to meet safely in person and (ii) the City Council continues to provide measures such as remote or hybrid meeting participation to promote social distancing. 2) Take such additional, related, action that may be desirable.

6. APPROVE PROFESSIONAL SERVICES AGREEMENT NO. 3957 WITH 789, INC. FOR CITYWIDE

BRAND UPDATE SERVICES

RECOMMENDATION: It is recommended that the City Council:

1) Authorize the City Manager to execute Professional Services Agreement No. 3957 with 789, Inc. For graphic design consulting services to update and refresh the City of Montebello and department branding and to develop a City -wide updated graphic standards manual.

7. UPDATED REPORT OF EM ERGENCY REPAIR AND REPLACEMENT OF THE BEACH STREET

STORM DRAIN

RECOMMENDATION: It is recommended that the City Council:

1) Receive and file the City Manager’s updated report of the emergency repair of the Beach Street Storm Drain pursuant to Montebello Municipal Code Section 3.20.140 and Public Contracts Code Section 22035; and
2) Take such additional, related, action that may be desirable.

8. NOTICE OF COMPLETION FOR BEVERLY BOULEVARD ST REET IMPROVEMENTS PROJECT – 21 ST STREET TO HOWARD AVENUE (CP 866)

RECOMMENDATION: It is recommended that the City Council:

1) Accept the Beverly Boulevard Street Improvement Project – 21st Street to Howard Avenue (CP 866) as completed by Gentry Brothers, Inc. (GBI); and 2) Approve the final c ontract amount with Gentry Brothers, Inc. In the amount of $1,109,082, including change orders; and
3) Authorize the City Clerk to execute, verify and file the Notice of Completion (Attachment A) with the Los Angeles County Registrar-Recorder; and
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4) Authorize the City Manager to release the retention payment due to Gentry Brothers, Inc. Following the mandatory waiting period from the date the Notice of Completion is recorded in the amount of $14,207; and
5) Take such additional or alternative action that may be desirable.

9. APPROVE PROFESSIONAL SERVICES AGREEMENT N O. 3956 WITH INTER -CON SECURITY

SYSTEMS FOR SUPPLEMENTAL PARKING ENFORCEMENT SERVICES

RECOMMENDATION: It is recommended that the City Council:

1) Approve Professional Services Agreement No. 3956 with Inter-Con Security Systems and authorize the City Manager to execute a three (3) year agreement for Supplemental Parking Enforcement Services in a total amount that shall not exceed $1,244,801; and 2) Acknowledge the use of Montebello Municipal Code Chapter 3 .20.125A, “Piggybacking purchasing agreements” as the allowed and permitted method for acquiring these services; and
3) Amend the Fiscal Year 2021-22 budget by increasing appropriations by $98,792, Account No. 100-50-530-6040.10 (General Fund, Community Devel opment, Code Enforcement, Other Contract Services); and
4) Authorize the City Manager to take any additional action as needed.

10. ADOPT RESOLUTION NO. 22-10 DIRECTING THE CIT Y MANAGER TO EXTEND THE

TEMPORARY OUTDOOR DI NING PROGRAM AND DIR ECT STAFF TO RETURN TO CITY

COUNCIL WITHIN ONE-YEAR WITH A PERMANENT PROGRAM TO ALLOW RESTAURANTS TO

UTILIZE ADJACENT OUT DOOR AREAS TO SERVE FOOD AND DRINKS TO C USTOMERS

PURSUANT TO AN OUTDOOR DINING PERMIT, AND NOTICE OF EXEMPTION PURSUANT TO CEQA “COMMON SENSE EXEMPTION” SECTION 15061(B)(3)

1) Approve Resolution No. 22- 10 directing the City Manager to extend the Temporary Outdoor Dining Program and direct staff to return to City Council within one-year with a permanent program to allow restaurants to utilize adjacent outdoor areas to serve food and drinks to customers pursuant to an Outdoor Dining Permit; and 2) Approve ENV -08--22-CE Notice of Exemption under (State California Environmental Quality Act (CEQA) Guidelines Section § 15061(b)(3)) “Common Sense Exemption” for the proposed project; and
3) Take such additional, related, action that may be desirable.

11. APPROVE COOPERATIVE AGREEMENT NO. 3958 W ITH MONTEBELLO UNIFI ED SCHOOL

DISTRICT (MUSD) FOR CROSSING GUARD SERVICES

RECOMMENDATION: It is recommended that the City Council:

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1) Approve Cooperative Agreement No. 3958 with the Montebello Unified School District (MUSD) for Crossing Guard Services allowing for reimbursement to the City of ten percent (10%) of actual costs of services; and
2) Authorize the City Manager to review and approve similar agreements in the future; and 3) Take such additional, related, action that may be desirable.

12. ADOPT RESOLUTION NO. 22-11 OPPOSING A STATE BALLOT MEASURE RESTRICTING VOTERS’ INPUT AND LOCAL TAXING AUTHORITY

RECOMMENDATION: It is recommended that the City Council:

1) Adopt Resolution No. 22-11 opposing Initiative 21-0042A1, also known as the “Taxpayer Protection and Government Accountability Act;” and
2) Take such additional, related, action that may be desirable.

13. PAYMENT OF BILLS: RESOLUTION NO. 22-09 APPROVING THE CITY W ARRANT REGISTER OF DEMANDS DATED FEBRUARY 23, 2022

RECOMMENDATION: Adopt Resolution No. 22-09 approving the Warrant Register dated February 23, 2022.

14. APPROVAL OF MINUTES – CITY COUNCIL MEETING MINUTES FOR MAY 12, 2021, MAY 26, 2021, JUNE 9, 2021, JUNE 23, 2021, AUGUS T 11, 2021, SEPTEMBE R 8, 2021, OCTOBER 2 7, 2021, AND JANUARY 26 , 2022; SPECIAL CITY COUNCIL MEETING MINU TES FOR MAY 1, 2021, AUGUST 18, 202 1, AUGUST 24, 2021, SEPTEMBER 1, 2021, O CTOBER 27, 2021, NOVEMBER 13, 2021, A ND JANUARY 19, 2022; JOINT REGULAR CITY C OUNCIL AND SUCCESSOR AGENCY MEETING MINUTES FOR JULY 28, 2021 AND JANUARY 12, 2022; JOINT SPECIAL CITY COUNCIL AND PLANNING MEETING JUNE 1, 2021; AND AD JOURNED CITY COUNCIL MEETING FOR JUNE 1, 2021 AND JUNE 3, 2021

RECOMMENDATION: Approve said minutes as written.

15. EMERGENCY NON -CONGREGATE SHELTER P ILOT PROGRAM (OPERAT ION STAY SAFE) –

AWARD CONSTRUCTION CONTRACTS

RECOMMENDATION: It is recommended that the City Council:

1) Determine and find that the lack of shelter poses an acute, clear and imminent threat to the health and safety of all people experiencing homelessness (PEH) and the members of the public with whom they come into daily contact as the Covid- 19 pandemic continues, resulting in an emergency that requires immediate action and will not permit a delay caused by formal bidding procedures; and

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2) In accordance with the above -mentioned emergency, by a four -fifths vote of the City Council, authorize the dispensing of formal bidding procedures for construction contracts for the development of the subject project, in accordance with California Public Contract Code Section 22035 and 22050 (Attachment A), Montebello Municipal Code Chapter 3.20.140 (Attachment B) and Governor Newsome’s Executive Order No. N -21- 21 (Attachment C); and

3) Award a Construction Contract for electrical improvements in the amount of $245,500 to Graphic Electric, Inc.; and

4) Award a Construction Contract for sewer construction in the amount of $144,078 to Mike Bubalo Construction Company, Inc.; and

5) Award a Construction Contract for security fencing construction in the amount of $69,950 to Wolverine Fence Company, Inc.; and

6) Authorize the City Manager to finalize and execute the proposed agreements in the Standard Public Works Agreement (Attachment B ), in the form approved by the City Attorney, on behalf of the City and approve change orders within a 25% contingency of the original contract amounts; and

7) Amend the Fiscal Year 2021 -22 budget by increasing appropriations by a total of $574,410 in the following accounts (Grants, Fire, SGVRHT Operation Stay Safe) and in the following amounts: Account No. 265- 85-853-6040.60 (Building Maintenance Repairs), $245,500; -6040.45 (Sewer Maintenance) $144,078; -6040.60 (Building Maintenance Repairs) $69,950; and

8) Amend the Fiscal Year 2021-22 budget by increasing appropriations to recognize revenue to reimburse for these expenses in Account No. 265 -99-4198.99 (Grants, SGVRHT Operation Stay Safe) in the amount of $574,410; and

9) Take such additional, related, action that may be desirable.

16. APPROVE AMENDMENT NO. 2 TO COMMERCIAL CANNAB IS BUSINESS DEVELOPM ENT AGREEMENT NO. 11-19 (CITY AGREEMENT NO. 3676)

RECOMMENDATION: It is recommended that the City Council:

1) Approve, in substantially the form as presented, the Amendment to Cannabis Business Development Agreement No. 11-19 for the operation of commercial cannabis activities in the City of Montebello, and authorize the City Attorney’s Office to make final and technical edits or revisions, if any, prior to executio n, which authorizes the transfer of Development Agreement No. 11-19 and Conditional Use Permit No. 11-19; and February 23, 2022: City Council Meeting Page 9 of 9

2) Condition the approval of the Amendment and CUP on the respective owner(s) and operator(s) clearing the requisite background checks, providing all exhibits to the development agreement amendments and missing information, if any, to the City of Montebello in a form acceptable to the City Attorney’s Office no later than March 15, 2022 and on a case -by-case basis, authorize Director of Planning and Community Development Joseph Palombi discretion to provide the applicant(s) additional time if necessary in light of the current COVID-19 logistical limitations; and 3) Adopt findings contained herein exempting the Amendment from further CEQA review under CEQA Section 15301, and direct staff to prepare and file the applicable Notices of Exemption for each project recommended for approval; and 4) Take such additional, related action that may be desirable, and/or provide the City Attorney’s office and/or staff with additional or alternative directive(s).

AB 1234 TRAVEL REPORTS
Members of the city council 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 ORALS
Council member announcements; requests for future agenda items; conference/meetings reports.

1. Councilmember Torres

2. Councilmember Peralta
a. Recognizing Montebello Girl Scout Troop 71221 for their outstanding achievement in receiving an award and recognition from Penny Lane Centers. b. Council consideration for continued YMCA CDBG allocation appeal for 2022-2023.

3. Councilmember Melendez

4. Mayor Pro Tem Jimenez

5. Mayor Cobos-Cawthorne

ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on March 9 , 2022 at 5:00 p.m. which can be live streamed at www.cityofmontebello.com (Click on Live Stream).

I, Alicia Fernandez, Deputy City Clerk for the City of Montebello hereby certify that a copy of this agenda has been posted on or before Sunday, February 20, 2022 5:00 p.m.

_____________________________________________
Alicia Fernandez, Deputy City Clerk

ITEM #____
C

ITY OF MONTEBELLO
CI

TY COUNCIL AGENDA STAFF REPORT
TO
: Honorable Mayor and City Council Members
F
ROM: René Bobadilla, P.E., City Manager
B
Y: Arnold M. Alvarez-Glasman, City Attorney
S
UBJECT: California Voting Rights Act (“CVRA”) Public Hearing No. 4 and Introduction and First Reading of an Ordinance No. 2444 Establishing the By-District Election Process of City Councilmembers D
ATE: February 23, 2022
RECOMMENDATIONS:

I
t is recommended that the City Council:
1) R
eceive input from the public regarding the six (6) draft City Council district maps (Attachment A) selected for further discussion and consideration; and 2) S
elect the final City Council district map; and
3) I
ntroduce and conduct the First Reading of Ordinance No. 2444 (Attachment B) establishing a by-district elections process for the election of City Councilmembers of the City of Montebello (“City”); and
4) T
ake such additional, related, action that may be desirable.

FISCAL IMPACT
N
one.

BACKGROUND
M
ontebello City Council members are currently elected in “at -large” elections, in which each Councilmember is elected by the voters of the entire City. The City received a petition on March 15, 2021 alleging the City’s at-large election system violates the CVRA and requesting that the City voluntarily change its at -large system of electing Councilmembers to a district-based election system.
3 CITY COUNCIL AGENDA REPORT – MEETING OF FEBRUARY 23, 2022 California Voting Rights Act (“CVRA”) Public Hearing No. 4 and Introduction and First Reading of an Ordinance No. 2444 Establishing the By -District Election Process of City Councilmembers

Page 2 of 2 ends

ENVIRONMENTAL

This Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity wil l not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

DISCUSSION

The CVRA was enacted in 2001 to implement the California constitutional guarantees of equal protection and the right to vote. Under the CVRA, a city is required to hold at least two (2) public hearings prior to the drawing of draft City Council district maps, and at least two (2) public hearings after the draft City Council district maps are drawn. City Council held its first public hearing on October 13, 2021, its second public hearing on November 13, 2021 and its third public hearing on February 9, 2022.

In order for the City to voluntarily change its at-large system of electing Councilmembers, it must adopt an ordinance setting forth the election of Council members on a by -district elections system. In a by -district election system, a candidate for City Council must live in the district where the candidate wishes to represent, and only the voters of that district are entitled to vote to decide who their representative will be.

A Council Member in office at the time this Ordinance takes effect will continue in office until the expiration of a full term to which they were elected at-large or appointed and until their successor is qualified. If vacancies in Council member offices elected at-large occur before such expiration, such vacancies will be filled from the City at -large. The City and the City Council, by adopting this Ordinance, are committing to adopt a final district map no later than March 9, 2022, to be implemented in time for the November 8, 2022 election.

SUMMARY

Staff recommends that the City Council conduct the public hearing, receive public input regarding the draft City Council district maps selected for further discussion and select a final City Council district map. Staff also recommends that the City Council introduce and conduct the first reading of Ordinance No. 2444 to establish a by-district elections process for the election of City Council Members of the City of Montebello.

ATTACHMENTS:

A. Attachment A – Six (6) draft City Council district maps B. Attachment B – Ordinance No. 244 Establishing By-District Elections Process

ATTACHMENT A
ORDINANCE NO. 2444

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MONTEBELLO, AMENDING SECTION 2.08.050 OF TITLE 2, CHAPTER

2.08 OF THE MONTEBELLO MUNICIPAL CODE TO ESTABLISH THE

BY-DISTRICT ELECTION PROCESS OF COUNCIL MEMBERS

WHEREAS, the City of Montebello (“City”) is a general law city, which is currently governed by five (5) council members who are all elected by all voters in the city in an at- large voting system and the next regular election is to take place on November 8, 2022; and

WHEREAS, the City received a petition on March 15, 2021 from Scott J. Rafferty (“Petition”) alleging that the City’s at -large election system violates Elections Code, Sections 14027 and 14028, (the California Voting Rights Act or “CVRA”) and requesting that the City voluntarily change its at -large system of electing Councilmembers through the collaborative process set forth in Elections Code, Section 10010; and

WHEREAS, pursuant to Government Code section 34886, as amended effective January 1, 2017, the City Council may adopt an ordinance that requires the members of the city council to be elected by district, without being required to submit the ordinance to the voters for approval; and

WHEREAS, under the California Voting Rights Act of 2001, district-based elections are required if it can be shown that an at -large election system prevents minority voters from electing their chosen candidate or influencing elections; and

WHEREAS, the City of Montebello desires to ensure the voting rights and fair representation of all of its citizens; and

WHEREAS, pursuant to Government Code section 34886, it is declared the change in the method of electing members of the City Council made by this ordinance to implement the guarantees of Section 7 of Article I and of Section 2 of Article II of the California Constitution, as set forth in Section 14031 of the California Voting Rights Act; and

WHEREAS, in a by-district election system, a candidate for City Council must live in the district where the candidate wishes to represent, and only the voters of that district are entitled to vote to decide who their representative will be; and

ORDINANCE NO. 2444

Page 2 of 4 ends

WHEREAS, the City and the City Council , by adopting this ordinance , are committing to adopt a final district boundary map no later than March 9, 2022, to be implemented in time for the November 8, 2022 election.

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

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

SECTION 2. AMENDMENT; ADDITIONS. Section 2.08.050 – Municipal Elections of the Montebello Municipal Code is hereby amended and will read as follows (deletions in strikethrough and additions in double underline):

2.08.050 – Municipal Elections.

A. Pursuant to Sections 1301 and 1000 of the California Elections code, commencing with the statewide election to be held on November 6, 2018, the city of Montebello’s general municipal elections shall be held on the first Tuesday after the first Monday in November of even- numbered years to coincide with the statewide election.

B. Pursuant to Sections 34886 and 34871(a) of the California Government Code, Council members will be elected on a by-district elections system. The term “by-district” as used in this Section shall mean election of members of the City Council by voters of the district alone. Candidates for council seats in each district shall be nominated and elected only by the voters of that district.

C. Except as provided in subsection (D) of this Section, each Council Member must be a resident of and a registered voter in the council district from which the member is nominated at the time the member is nominated, elected, and throughout that member’s term of office. In the event any Council Member ceases to be a resident of the district from which the member was nominated, the office shall immediately become vacant and shall be filled in the same manner as herein provided for other vacancies. If a Council Member ceases to be a resident of the distri ct from which the Member was nominated solely because of a change in the boundaries of the districts, the Member shall not lose office during that term by reason of such change pursuant to California Government Code section 34882 and Elections Code section 10227.

D. A Council Member in office at the time this section takes effect will continue in office until the expiration of a full term to which they were elected or appointed ORDINANCE NO. 2444

Page 3 of 4 ends

and until their successor is qualified. If vacancies in Council Member offices elected at-large occur before expiration of the full term thereof, such vacancies will be filled according to law from the City at-large.

E. The number of Council Member districts of the City and the boundaries of said districts shall be adopted and established by the City Council by resolution no later than March 9, 2022. The by-district elections process and the established district boundaries shall be implemented in the City’s next general election occurring on November 8, 2022.

F. District boundaries shall be adjusted by the City Council before the first day of November of the year following the year in which each decennial federal census is taken by majority vote of the total membership of the City Council, and as provided in Elections Code section 21601, 21602 and 21607. The district boundaries, but not the number thereof, may be changed by ordinance adopted by the City Council by majority vote of all its me mbers; provided that districts established by the City Council shall be as nearly equal in population and as geographically compact as possible. However, the City Council shall not change the boundaries of districts more than once in any two (2) year period and no such change shall be made within the period of one hundred eighty (180) days preceding a general municipal election. The preceding limitations shall not apply to changes made necessary by changes to City boundaries, as provided in Elections Code section 21603. After City Council has exercised its power to change the boundaries of districts, these changes shall immediately be reflected in the district boundaries specified by ordinance adopted by City Council.

SECTION 4. COMPLIANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly

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 ap plied, 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.

ORDINANCE NO. 2444

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SECTION 6. EFFECTIVE DATE. This Ordinance shall become effective thirty (30) days after approval by the City Council. The district boundaries shall be selected and in place no later than March 9, 2022 and the first district -based elections as provided for herein shall commence at the next election of Council Members for the City of Montebello after the effective date of this ordinance.

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.

APPROVED AND ADOPTED ___th day of _____________ 2022.

_______________________________
Kimberly A. Cobos-Cawthorne, 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 23
rd day of February, 2022, and was adopted by the City Council of the City of Montebello at its meeting held on the __ th day of _________, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________
Christopher Jimenez, City Clerk
ITEM #____

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: Michael Solorza, Director of Finance
SUBJECT: Review and Approve the State Auditor Required Corrective Action Plan, Version 2 .0, to Include Progress Made from November 2021 through February 2022
DATE: February 23, 2022
RECOMMENDATIONS:

It is recommended that the City Council:
1) Review the attached Corrective Action Plan, Version 2.0, as required by the State Auditor as the City’s response to Report 2021-807; and
2) Approve the Corrective Action Plan, Version 2 .0, Updated to Include Progress Made Since November, 2021 and direct staff to submit the report to the State Auditor; and
3) Take such additional, related, action that may be desirable.

FISCAL IMPACT
There is no fiscal impact associated with the recommended actions.

BACKGROUND
The State Auditor issued report 2018-802 in December 2018. State law requires the State Auditor to issue an audit report at least once every three years with recommendations for improvement when a city is designated as high risk.

To that end, the State Auditor contacted the City in April 2021 to initiate the follow up audit as required by Government Code Section 8546.10. Over a period of five months, 4 CITY COUNCIL AGENDA REPORT – MEETING OF FEBRUARY 23, 2022 Review and Approve t he State Auditor Required Corrective Action Plan, Version

2.0, to Include Progress Made from November, 2021 through February 2022

Page 2 of 4 ends

management and staff worked with the State Auditor to provide documents, data, policies, procedures and myriad other information requested during the course of completing the follow up audit.

The final audit (Report 2021-807) was issued in October, 2021. The City was required to provide a corrective action plan by December 13, 2021 , responding to all recommendations made in Rep ort 2021-807 and indicating how each recommendation would be satisfied.

The first version (Version 1.0) of the corrective action plan was approved by the City Council on November 10, 2021 and forwarded to the State Auditor for review. Staff followed up with State Auditor staff subsequent to Version 1.0 being approved, providing adequate back up documentation (i.e., updated policies, email, training notes, etc.) to indicate the progress made towards satisfying the eighteen (18) recommendations included in Report 2021-807.

This report presents Version 2.0 of the Corrective Action Plan (Attachment A), to indicate the progress made in satisfying all eighteen recommendations. This updated plan will be forwarded to the State Auditor, indicating the additional recommendations satisfied since November, 2021. Seventeen of the eighteen recommendations have been satisfied.

ANALYSIS

The goal of the corrective action plan (original Version 1.0 and updated Version 2.0) is to provide a clear and transparent overview of the City’s progress towards satisfying all eighteen recommendations made in Report 2021-807. The plan has three distinct status updates for reach recommendation, color coded for ease of reference:

Completed = Recommendation met and appropriate policies, procedures, documentation, etc. now in place
Ongoing = Staff w orking to meet recommendation, see "Status Notes/Explantion" for estimated completed date
Completed / Ongoing = Certain aspects of recommenation completed, but nature of recommendation is that efforts continue (i.e., training, reports, etc.)

Version 2.0 of the plan (Attachment A) indicates 94% (17 of 18) of the recommendations are either “completed” or “completed/ongoing.” The number of fully completed recommendations increased, with several recommendations having status of “completed/ongoing” or “ongoing” in Version 1.0 changing to “completed” in Version 2.0.

The recent approval of an update to the City’s municipal code Chapters 3.16, 3.20 and

3.21 satisfied several recommendations, shifting their status from “completed/ongoing” or “ongoing” to “completed.” The approved ordinance implemented language governing CITY COUNCIL AGENDA REPORT – MEETING OF FEBRUARY 23, 2022 Review and Approve t he State Auditor Required Corrective Action Plan, Version

2.0, to Include Progress Made from November, 2021 through February 2022

Page 3 of 4 ends

sole source and standardization of purchases, as well as providing explicit prohibition of order splitting to circumvent purchasing dollar limits. Language was also added to require notation of anytime exceptions to the code are made, regardless of whether the purchase was approved by the City Council or City Manager. Overall, Staff is satisfied with the updates and how they modernized and strengthened the City’s purchasing and procurement rules.

This code update also added a new section to Chapter 3.16. This new section prohibits the use of public funds for make purchases of employee gifts. Furthermore, language will be incorporated into future budget adoption resolutions indicating which expenditures that benefit a city employee constitute a valid public purpose , another of the eighteen recommendations.

In addition, since November, 2021, the City completed its efforts to eliminate petty cash drawers from all departments except Finance. Low dollar limit (transaction and monthly total) credit cards have been issued to staff in place of the old petty cash process. In closing out the petty cash drawers, Finance staff discovered lapses in procedures which could lead to abuse of the system. The new City -issued credit cards are easier to track and reconcile, improving internal controls and significantly reducing the potential for abuse or fraud.

While several recommendations are truly “completed,” i.e., updates to municipal code language satisfy the recommendation, there are others which are completed but which require ongoing training or reporting. For example, the report recommends regular purchasing training for staff. While Finance conducted such training in November, this is not a “one and done” item, and quarterly, ongoing training will occur to ensure all staff involved in purchasing are provided necessary training.

Another example pertains to reporting on the City’s two hotels and their operations. The 1st and 2nd Quarter Fiscal Year 2021-22 Budget reports provided updates on both hotel’s revenue and expenditures. Going forward, each quarterly budget report – as well as the annual budget development – will include an overview of each hotel’s operations. Again, Staff consider this recommendation “completed,” with the “ongoing” action that of continuing the recommended practice, in this case making regular reports on the financial status of the hotels.

Staff will provide this report along with the updated corrective action plan (Attachment A) to the State Auditor to show the City’s significant progress. The City strongly believes enough work has been done at this point to remove Montebello from the high risk city list.

SUMMARY

Staff is requesting review and approval of Version 2.0 of the corrective action plan , providing status updates made since November, 2021 . Once approved, it will be CITY COUNCIL AGENDA REPORT – MEETING OF FEBRUARY 23, 2022 Review and Approve t he State Auditor Required Corrective Action Plan, Version

2.0, to Include Progress Made from November, 2021 through February 2022

Page 4 of 4 ends

transmitted to the State Auditor to indicate the City’s significant satisfaction of all eighteen recommendations in Report 2021-807 (17 out of 18, or 94%). Management believes the high risk designation for Montebello can be re moved by the Joint Legislative Audit Committee based on the attached corrective action plan and will work with the Committee’s staff to provide evidence of why Montebello should be removed from the high risk city’s list.

ATTACHMENTS:

A. Attachment A - State Auditor Report 2021-807 Corrective Action Plan, Version 2.0, February 2022
B. Attachment B - State Auditor Report 2021-807 Corrective Action Plan, Version 1.0, November 2021

City of Montebello Corrective Action Plan *Status Code:

Management and the City Attorney will remain committed and focused to ensure all matters of import are properly presented on the City Council agenda and that all relevant local and state laws are followed.

Completed City already adhering to
recommendation
R2 The city should revise its municipal code to prohibit the purchases of employee gifts with public funds.
2 Finance Department s taff is currently reviewing Chapter

3.20 et al of the municipal code to update as required. Staff will work with the City Attorney's office to proposed updated language where needed/appropriate.

Completed Updated Chapters 3.16, 3.20, 3.21 to
incorporate Auditor
recommendations as well as staff
recommmendations; 2nd reading
approved by CC 02/09/2022,
effective 30 days hence
R3 The city should create a policy by January 2022 requiring staff to formally document situations when a valid reason exists for deviating from procurement requirements in its municipal code, when the code allows it to do so.
2 Finance Department s taff is currently reviewing Chapter

3.20 et al of the municipal code to update as required. Staff will work with the City Attorney's office to proposed updated language where needed/appropriate. For this particular item, an updated policy would flow from the new municipal code language
Completed Updated Chapters 3.16, 3.20, 3.21 to
incorporate Auditor
recommendations as well as staff
recommmendations; 2nd reading
approved by CC 02/09/2022,
effective 30 days hence
R4 The city should update its credit card policy by January 2022 to prohibit splitting payments to avoid the transaction limits and to require city council approval for any transactions above the limits. 2 Credit card policy updated and approved November, 2021.

Training will occur on a regular basis as well.

Completed Updated credit card policy which is
distributed to staff who are issued
cards
R5 To ensure public transparency and to provide the city council with the information necessary for making decisions regarding Montebello’s hotels, city staff should routinely evaluate hotel operations by reviewing the financial information that the city requires the hotel operator to submit.

By December 2021 and at least annually thereafter, city staff should report to the city council and the public on the performance of each hotel’s operations, as well as the effect of the hotels on city finances. 12 Management and Fi nance Department staff will present hotel operating information with each quarterly budget
report. The 1st Quarter Report for FY 2021-22 presented on October 27, 2021 to the City Council included operating and budget information for both hotels.

Completed /
Ongoing
1st and 2nd Quarter Budget Reports
for FY 2021-22 included hotel
operating information (presented at
October 27, 2021 and February 9,
2022 City Council meetings); such
information to be presented in future
quarterly budget updates

ATTACHMENT A
City of Montebello Corrective Action Plan *Status Code:

In Response to State Auditor Report 2021-807 Completed = Recommendation met and appropriate policies, procedures, documentation, etc. now in place Approved by the City Council February 23, 2022 Ongoing = Staff working to meet recommendat ion, see "Status Notes/Explantion" for estimated completed date VERSION 2.0 Completed / Ongoing = Certain aspects of recommendati on completed, but nature of re commendation is that efforts c ontinue (i.e., training, reports, etc.) Recommendation # Recommendation From State Audit Report 2021-807 Page # Where
Recommendation Found
Proposed Action to Cure the Recommendation Status*
Status Notes/Explanation UPDATED AS OF
02/2022
R6 To fulfill its responsibility as the custodian of Montebello’s limited resources and to provide increased transparency and opportunities for public involvement, the city council should ensure that it includes on the council meeting agenda all matters of fiscal policy it will consider during a public session, as state law requires, and that it discusses these matters in the public forum.
12 The City Council currently adheres to this recommendation.

Completed City already adhering to
recommendation
R7 To avoid accruing interest on hotel management fees, Montebello should immediately develop and adhere to a policy and process that requires it to pay management fees related to its two hotels in a timely manner. 12 Finance staff have created a policy memo for internal guidance of paying hotel management fees.

Completed Policy memo created and in use
R8 Create a policy by January 2022 requiring staff to document when a valid exception exists to the standard procurement requirements in its municipal code. The policy should require that staff report their rationale for using the exception to the requirements to the city council in a public meeting.
20 Finance Department s taff will draft a policy which satisfies this recommendation and will include sample language to use in agenda reports when necessary. A "sole source"
policy and form have already been created and deployed for use.

Completed Updated Chapters 3.16, 3.20, 3.21 to
incorporate Auditor
recommendations as well as staff
recommmendations; 2nd reading
approved by CC 02/09/2022,
effective 30 days hence
R9 Establish a policy by January 2022 that requires contracts to include a maximum value when feasible. The policy should require the city council to review and approve any agreement that binds the city financially and that does not include a maximum value.
20 Finance Department s taff is currently reviewing Chapter

3.20 et al of the municipal code to update as required. Staff will work with the City Attorney's office to proposed updated language where needed/appropriate. For this particular item, an updated policy would flow from the new municipal code language
Completed Policy will be created/updated by
February 2022
R10 To ensure that its staff understand and are aware of city and state law procurement requirements, Montebello should train all staff involved in procurement regarding these requirements by April 2022 and annually thereafter.
20 Regular, quarterly trainings in procurement and general financial policies will be conducted by the Finance
Department staff. The first of these quarterly trainings will be conducted in November, 2021
Completed /
Ongoing
Quarterly trainings began November
2021 and will continue once each
quarter
City of Montebello Corrective Action Plan *Status Code:

Finance Department has already minimized the number of
"petty cash drawers" outstanding as of November 2021.

Alternate methods for making "small purchases" are being implemented, which will increase the security of funds and minimize the opportunity for fraud or mismanagement.

Completed Regular training will occur as
needed/petty cash drawers have
been eliminated (except for one
drawer in the Finance Department)
and replaced with low dollar limit
credit cards
R12 Complete efforts to eliminate departmental credit cards and ensure that every credit card in use is issued to an individual.
21 All "department" credit cards have been eliminated as of November, 2021. Any subsequent credit cards issued will be to individual, full-time employees in that person's name.

Completed "Department" credit cards eliminated;
City utilizing Bank of America p-card
program now (vs. Bank of the West)
R13 Adopt and adhere to a policy prohibiting splitting payments to avoid the credit card transaction limits and require city council approval for any transactions above the limits.
21 Credit card policy updated and approved November, 2021 Completed Updated credit card policy which is distributed to staff who are issued
cards
R14 Either adjust its credit card limits to align with its municipal code and credit card policy or update the municipal code and policy to meet its current needs.
21 Credit card policy updated and approved November, 2021 Completed Updated credit card policy which is distributed to staff who are issued
cards
R15 Ensure that appropriate controls are in place with the issuing bank to prevent individual transactions and total purchases from exceeding limits established in policy.
21 Credit card policy updated and approved November, 2021 Completed Updated credit card policy which is distributed to staff who are issued
cards
City of Montebello Corrective Action Plan *Status Code:

In Response to State Auditor Report 2021-807 Completed = Recommendation met and appropriate policies, procedures, documentation, etc. now in place Approved by the City Council February 23, 2022 Ongoing = Staff working to meet recommendat ion, see "Status Notes/Explantion" for estimated completed date VERSION 2.0 Completed / Ongoing = Certain aspects of recommendati on completed, but nature of re commendation is that efforts c ontinue (i.e., training, reports, etc.) Recommendation # Recommendation From State Audit Report 2021-807 Page # Where
Recommendation Found
Proposed Action to Cure the Recommendation Status*
Status Notes/Explanation UPDATED AS OF
02/2022
R16 Prior to making any expenditure that benefits a city employee, city officer, or private party, the city should critically consider whether such expenditure constitutes a valid public purpose of the city, document the city council’s deliberation and determination that the expenditure constitutes a valid public purpose for the city, and decline to authorize any expenditures that do not constitute a valid public purpose of the city. 21 Specific City Council action will be taken to approve those expenditures which might benefit employees constitute a valid public purpose. This procedure has already been
enacted (October 13, 2021 City Council meeting) and
subsequent Budget Adoption Resolutions will include
appropriate language documenting the valid public purpose of relevant expenditures, which will be formally acted upon by the City Council.

Completed Express action related to this
recommendation taken at the
October 13, 2021 City Council
meeting; subsequent budget
adoption resolutions will include
appropriate language declaring the
public purpose of relevant
expenditures.

R17 Revise its municipal code by December 31, 2021 to specify limitations on the types of expenditures the city will approve or authorize in the future to ensure that all city expenditures only serve a valid public purpose of the city. For example, it should prohibit the purchases of employee gifts with public funds.
21 Specific City Council action will be taken to approve those expenditures which might benefit employees constitute a valid public purpose. This procedure has already been
enacted (October 13, 2021 City Council meeting) and
subsequent Budget Adoption Resolutions will include
appropriate language documenting the valid public purpose of relevant expenditures, which will be formally acted upon by the City Council.

R18 Obtain for the City Council and all employees authorized to make expenditures with city funds bi-annual legal and ethics training from an entity that is independent from and not affiliated with the city or the city council, such as from the Attorney General’s Office or the District Attorney’s Office, regarding the appropriate use of public funds and the prohibition on using public funds to make private gifts. 21 Management and the City Attor ney's office will explore the provision of this recommended legal and ethics training.

Ongoing Management will explore this
recommendation.

City of Montebello Corrective Action Plan *Status Code:

3.20 et al of the municipal code to update as required. Staff will work with the City Attorney's office to proposed updated language where needed/appropriate.

Ongoing Present updated Municipal Code
language (Chapter 3.20 et al) for City
Council review/approval by April,
2022
R3 The city should create a policy by January 2022 requiring staff to formally document situations when a valid reason exists for deviating from procurement requirements in its municipal code, when the code allows it to do so.
2 Finance Department staff is currently reviewing Chapter

3.20 et al of the municipal code to update as required. Staff will work with the City Attorney's office to proposed updated language where needed/appropriate. For this particular item, an updated policy would flow from the new municipal code language
Ongoing Present updated Municipal Code
language (Chapter 3.20 et al) for City
Council review/approval by April,
2022
R4 The city should update its credit card policy by January 2022 to prohibit splitting payments to avoid the transaction limits and to require city council approval for any transactions above the limits. 2 Credit card policy updated and approved November, 2021.

Training will occur on a regular basis as well.

Completed Updated credit card policy to be
distributed to staff
R5 To ensure public transparency and to provide the city council with the information necessary for making decisions regarding Montebello’s hotels, city staff should routinely evaluate hotel operations by reviewing the financial information that the city requires the hotel operator to submit. By December 2021 and at least annually thereafter, city staff should report to the city council and the public on the performance of each hotel’s operations, as well as the effect of the hotels on city finances.
12 Management and Finance Department staff will present hotel operating information with each quarterly budget
report. The 1st Quarter Report for FY 2021-22 presented on October 27, 2021 to the City Council included operating and budget information for both hotels.

Completed /
Ongoing
1st Quarter Budget Report for FY
2021-22 included hotel operating
information (presented at October
27, 2021 City Council meeting); such
information to be presented in future
quarterly budget updates

ATTACHMENT B
City of Montebello Corrective Action Plan *Status Code:

Completed Policy memo created and in use
R8 Create a policy by January 2022 requiring staff to document when a valid exception exists to the standard procurement requirements in its municipal code. The policy should require that staff report their rationale for using the exception to the requirements to the city council in a public meeting.
20 Finance Department staff will draft a policy which satisfies this recommendation and will include sample language to use in agenda reports when necessary. A "sole source"
policy and form have already been created and deployed for use.

Ongoing Policy will be completed by January,
2022
R9 Establish a policy by January 2022 that requires contracts to include a maximum value when feasible. The policy should require the city council to review and approve any agreement that binds the city financially and that does not include a maximum value.
20 Finance Department staff is currently reviewing Chapter

3.20 et al of the municipal code to update as required. Staff will work with the City Attorney's office to proposed updated language where needed/appropriate. For this particular item, an updated policy would flow from the new municipal code language
Ongoing Policy will be completed by January,
2022
R10 To ensure that its staff understand and are aware of city and state law procurement requirements, Montebello should train all staff involved in procurement regarding these requirements by April 2022 and annually thereafter.
20 Regular, quarterly trainings in procurement and general financial policies will be conducted by the Finance
Department staff. The first of these quarterly trainings will be conducted in November, 2021
Completed /
Ongoing
Quarterly trainings will begin
November 2021 and continue each
quarter
City of Montebello Corrective Action Plan *Status Code:

Finance Department has already minimized the number of
"petty cash drawers" outstanding as of November 2021.

Alternate methods for making "small purchases" are being implemented, which will increase the security of funds and minimize the opportunity for fraud or mismanagement.

Completed /
Ongoing
Regular training will occur as
needed/petty cash drawers have
been minimized
R12 Complete efforts to eliminate departmental credit cards and ensure that every credit card in use is issued to an individual.
21 All "department" credit cards have been eliminated as of November, 2021. Any subsequent credit cards issued will be to individual, full-time employees in that person's name.

Completed "Department" credit cards eliminated
R13 Adopt and adhere to a policy prohibiting splitting payments to avoid the credit card transaction limits and require city council approval for any transactions above the limits.
21 Credit card policy updated and approved November, 2021 Completed Updated credit card policy to be distributed to staff
R14 Either adjust its credit card limits to align with its municipal code and credit card policy or update the municipal code and policy to meet its current needs.
21 Credit card policy updated and approved November, 2021 Completed Updated credit card policy to be distributed to staff
R15 Ensure that appropriate controls are in place with the issuing bank to prevent individual transactions and total purchases from exceeding limits established in policy.
21 Credit card policy updated and approved November, 2021 Completed Updated credit card policy to be distributed to staff
City of Montebello Corrective Action Plan *Status Code:

In Response to State Auditor Report 2021-807 Completed = Recommendation met and appropriate policies, procedures, documentation, etc. now in place Approved by the City Council November 10, 2021 Ongoing = Staff working to meet recommendation, see "Status Notes/Explantion" for estimated completed date Version 1.0 Completed / Ongoing #NAME?
Recommendation # Recommendation From State Audit Report 2021-807 Page # Where
Recommendation Found
Proposed Action to Cure the Recommendation Status* Status Notes/Explanation R16 Prior to making any expenditure that benefits a city employee, city officer, or private party, the city should critically consider whether such expenditure constitutes a valid public purpose of the city, document the city council’s deliberation and determination that the expenditure constitutes a valid public purpose for the city, and decline to authorize any expenditures that do not constitute a valid public purpose of the city. 21 Specific City Council action will be taken to approve those expenditures which might benefit employees constitute a valid public purpose. This procedure has already been
enacted (October 13, 2021 City Council meeting) and
subsequent Budget Adoption Resolutions will include
appropriate language documenting the valid public purpose of relevant expenditures, which will be formally acted upon by the City Council.

Completed /
Ongoing
Express action related to this
recommendation taken at the
October 13, 2021 City Council
meeting; subsequent budget
adoption resolutions will include
appropriate language declaring the
public purpose of relevant
expenditures.

R18 Obtain for the City Council and all employees authorized to make expenditures with city funds bi-annual legal and ethics training from an entity that is independent from and not affiliated with the city or the city council, such as from the Attorney General’s Office or the District Attorney’s Office, regarding the appropriate use of public funds and the prohibition on using public funds to make private gifts. 21 Management and the City Attorney's office will explore the provision of this recommended legal and ethics training.

Ongoing Management will explore this
recommendation.

ITEM #____

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: Arnold M. Alvarez-Glasman, City Attorney
SUBJECT: AB 361 Findings
DATE: February 23, 2022

RECOMMENDATIONS
It is recommended that the City Council:
1) Receive and file this report and make the following findings: (a) The City Council has reconsidered the circumstances of the state of emergency; and (b) the following circumstances exist, (i) the state of emergency continues to directly impact the ability of the members to meet safely in person and (ii) the City Council continues to provide measures such as remote or hybrid meeting participation to promote social distancing.
2) Take such additional, related, action that may be desirable.

FISCAL IMPACT
None.

DISCUSSION
Recently the Governor signed into law AB 361 which established additional requirements upon local governmental agencies concerning public participation during the COVID -19 pandemic and State of Emergency period. In order to comply with AB 361, on October 13, 2021 the City Council adopted Resolution No. 21-85 as follows:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEBELLO

AUTHORIZING THE CITY TO IMPLEMENT TELECONFERENCED OPEN
MEETINGS PURSUANT TO ASSEMBLY BILL 361
5 CITY COUNCIL AGENDA REPORT – MEETING OF FEBRUARY 23, 2022 AB 361 Findings

Page 2 of 2 ends

One of the requirements of AB 361 as found in Government Code Section 54953(e)(3) is if a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without posting or other Brown Act compliance requirements the legislative body/City Council shall every 30 days after adopting the initial Resolution, make the following findings by majority vote:

(A) The legislative body has reconsidered the circumstances of the state of emergency.

(B) Any of the following circumstances exist (i) The state of emergency continues to directly impact the ability of the members to meet safely in person or (ii) State or local officials continue to impose or recommend measures to promote social distancing.

SUMMARY
The action for consideration is to receive and file this report and confirm the following findings required by AB 361 and Government Code Section 54953 : (a) The City Council has reconsidered the circumstances of the state of emergency; and (b) Both of the following circumstances exist, (i) the state of emergency continues to directly impact the ability of the members to meet safely in person and (ii) the City Council continues to provide measures such as remote or hybrid meeting participation to promote social distancing.

ATTACHMENTS:

None.

ITEM #____

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: Michael Chee, Deputy Director of Public Affairs
SUBJECT: Approve Professional Services Agreement No. 3957 with 789, Inc. for Citywide Brand Update Services
DATE: February 23, 2022
RECOMMENDATION:

It is recommended that City Council authorize the City Manager to execute Professional Services Agreement No. 3957 with 789, Inc. for graphic design consulting services to update and refresh the City of Montebello and department branding and to develop a City- wide updated graphic standards manual.

FISCAL IMPACT
The Fiscal Year 2021-22 adopted budget contains $50,000 in funding for a graphics/branding update (Account No. 100- 20-210-6040.95, General Fund, Administration, Community Promotion, Other Professional Services). This amount was an estimate, based on limited knowledge of the amount of work needed. The recommended contractor bid for the desired scope of work does not exceed $50,000.

BACKGROUND
The City’s current brand identity, excluding the official City seal, includes everything from street signs, wayfinding, City banners and street monuments to letterhead, business cards and the City logo. None of these items have been updated in several decades, and numerous branding items are dated (i.e., City Logo, stationary, etc.) with a lack of consistency throughout the organization.

Montebello needs a bold and updated look to
signal its progress, standing and momentum for a 21st century environment.

The process for choosing 789, Inc. to perform the brand update services was as follows:
6 CITY COUNCIL AGENDA REPORT – MEETING OF FEBRUARY 23, 2022 Approve Professional Services Agreement No. 3957 with 789, Inc. for Citywide Brand Update Services

Page 2 of 2 ends

 A Request for Proposals ( RFP) was issued on November 15, 2021, and the City received a total of six (6) proposals.
 An internal review team convened December 16, 2021, to review all submissions.

From this review three (3) proposals were deemed adequate for further consideration.
 On January 18, 2022, a second review meeting was conducted with the City Manager and one (1) proposal was dismissed as the contractor’s capabilities were deemed insufficient to meet the City’s requirements and needs.  Two (2) proposals were moved forward to o ral presentations, Q&A feedback and responses in order to make a final selection. Oral presentations and reviews were conducted with each firm on January 25 and February 7, 2022, respectively.  One contractor was determined to have the depth of experience, design skills and staff to address the City’s current graphic design needs and to meet budget requirements.

SUMMARY
Staff recommends the City Council authorize the City Manager to execute a Professional Services Agreement with 789, Inc. to provide graphic design consulting services and to update and create a new graphic standard manual for the City. Sufficient funding for this project exists in the FY 2021-22 budget, therefore no budget adjustments are needed.

ATTACHMENTS:

A. Attachment A - Request for Proposals No. 22-2
B. Attachment B - Draft Professional Services Agreement No. 395

ATTACHMENT A

CITY OF MONTEBELLO

PROFESSIONAL SERVICES AGREEMENT NO. 3957
WITH 789, INC.

THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into on ____________, 2022 (“Effective Date”), by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and 789, INC. (the “CONSULTANT”). The CITY and the CONSULTANT are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”

RECITALS

WHEREAS, the CITY desires to retain a qualified professional cons ultant to provide city-wide branding services in the CITY; and

WHEREAS, the CONSULTANT represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

NOW THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows:

SECTION 1. INCORPORATION OF RECITALS AND OTHER CONTRACT

DOCUMENTS

a. The above- referenced Recitals constitu te a material part hereof and shall hereby be incorporated by reference. Moreover, this Agreement consists of the following documents, in order of precedence, all of which are incorporated herein and made part of this Agreement, as though fully set forth herein:

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

2. RFP No. 22-2

3. Proposal referenced and Best Final Offer received by the successful proposer.

4. All other documents, including but not limited to all applicable bonds, insurance certificates, permits, notices, schedules, forms, certifications, and affidavits.

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

SECTION 2. SERVICES / COMPENSATION.

a. All terms, conditions, requirements, and provisions of the Request for Proposals for city-branding services in the City of Montebello (issue date November 9, 2021) (“Request for Proposals”), as such is set forth fully in Exhibit “A ” hereto, are hereby incorporated fully herein by this reference and shall be binding on the Parties. To the extent of a conflict between the terms of this Agreement and that set forth in any exhibits or attachments hereto, the terms of this Agreement shall govern.

PROFESSIONAL SERVICES AGREEMENT NO. 3957

Page 2 of 12 ends

b. The CONSULTANT shall provide to the CITY all labor, equipment, materials and incidental necessary to provide city -wide branding services as set forth fully in the Request for Proposals, as suc h is set forth fully in Exhibit “A ” hereto and incorporated fully herein by this reference (hereinafter “Professional Services”).

c. The CONSULTANT shall be compensated for performance of the Professional Services as set forth in the Schedule of Compensation attached hereto as Exhibit “B” and incorporated fully herein by this reference (“Compensation”).

The CONSULTANT shall provide an itemized billing statement to the CITY each month for Professional Services performed. The CONSULTANT shall no incur fees or costs which exceed the Compensation without the prior written consent of the CITY.

SECTION 3. TERM.

a. This Agreement shall commence upon issuance of a written “Notice to Proceed” (as further defined below) by the CITY and shall expire one (1) year from the Effective Date, unless terminated earlier as hereinafter provided. This Agreement may be extended for up to one (1 ), one-year extensions upon such terms and conditions mutually agreed upon by the Parties in writing.

b. Notice to Proceed. Any work or ser vice contemplated under this Agreement shall not commence until the CITY has issued a written Notice to Proceed issued by CITY’s applicable, department head.

SECTION 4. PERFORMANCE.

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

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

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

d. The CONSULTANT shall have the right to retain, subject to the CITY's approval, additional individuals, consultants or subconsultant s to assist in the completion of services as herein defined. Compensation for additional individuals, consultants or subconsultant s shall be t he sole and exclusive responsibility of the CONSULTANT.

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

SECTION 5. WORK PRODUCT.

PROFESSIONAL SERVICES AGREEMENT NO. 3957

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a. The CONSULTANT hereby agrees that all work product produced pursuant to this Agreement, and provided to the CITY during and upon completion of this Agreement, shall be the property of the CITY , and ownership of said work product shall be retained by the CITY. The CONSULTANT may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by the CONSULTANT.

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

SECTION 6. EXTRA SERVICES.

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

SECTION 7. CITY SUPERVISION.

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

SECTION 8. TERMINATION.

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

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

In the event of a termination for cause, the CONSULTANT shall only be entitled to the Compensation for those Professional Services satisfactory performed on or before the effective date of termination.

PROFESSIONAL SERVICES AGREEMENT NO. 3957

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

SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.

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

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

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

SECTION 11. INDEPENDENT CONSULTANT.

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

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

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may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to the CONSULTANT. The CITY shall have no responsibility to provide the CONSULTANT, its employees or subconsultant s with workers’ compensation insurance or any other insurance.

SECTION 12. CalPERS ANNUITANTS AND ELIGIBILITY INDEMNITY.

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

b. In the event that the CONSULTANT or any employee, agent, or subconsultant of the CONSULTANT providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the CITY, the CONSULTANT shall indemnify, defend, and hold harmless the CITY for the payment of any employee and/or employer contributions for Cal PERS benefits on behalf of the CONSULTANT or its employees, agents, or subconsultant s, as well a s for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the CITY.

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

SECTION 13. LEGAL RESPONSIBILITIES.

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

SECTION 14. INDEMNIFICATION.

The CONSULTANT agrees to, and shall defend, indemnify, protect and hold harmless, the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers from and against any and all claims, demands, lawsuits, defense costs, civil, penalties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature which the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to PROFESSIONAL SERVICES AGREEMENT NO. 3957

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property arising out of the CONSULTANT’s negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of the CITY.

SECTION 15. INSURANCE COVERAGE.

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

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

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

• Professional Liability insurance appropriate to the CONSULTANT’S profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.

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

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

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

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

f. Evidence of Insurance prior to commencement . The Contractor shall PROFESSIONAL SERVICES AGREEMENT NO. 3957

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provide to the C ITY 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 herei n 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]

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

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

h. The CONSULTANT shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proo f will be furnished at least two (2) weeks prior to the expiration of the coverages.

i. The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming the CITY, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to the CITY. The CONSULTANT agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.

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

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

l. Any deductibles or self-insured retentions must be declared to and approved PROFESSIONAL SERVICES AGREEMENT NO. 3957

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by the CITY. At the option of the CITY, the CONSULTANT shall either reduce or eliminate the deductibles or self -insured retentions with respect to the CITY, or the CONSULTANT shall procure a bond guaranteeing payment of losses and expenses.

m. Procurement of insurance by the CONSULTANT shall not be construed as a limitation of the CONSULTANT'S liability or as f ull performance of CONSULTANT’s duties to indemnify, hold harmless and defend under the indemnity covenants of this Agreement.

SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.

The CONSULTANT shall not subcontract, delegate, or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of the CITY.

Any proposed subcontract, delegation, or assignment shall provide a description of the services to be covered, identification of the proposed sub-consultant, delegee, or assignee, and an ex planation of why and how the same was selected, including the degree of competition involved.

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

SECTION 17. NO WAIVER.

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

SECTION 18. DISPUTE RESOLUTION; GOVERNING LAW.

Disputes regarding the interpretation or application of any provision(s) of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations betw een the Parties. If any action at law or in equity is brought to enforce this Agreement or because of alleged dispute, breach, default or misrepresentation in connection with the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney’s fees, expert fees, costs and necessary disbursements incurred in that action or proceeding, in addition to such other relief as may be sought and awarded. The venue for any litigation shall be County of Los Angeles, California. The Parties agree that the covenants contained in this Section shall survive the expiration or termination of this Agreement.

SECTION 19. ATTORNEY’S FEES AND COSTS.

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

PROFESSIONAL SERVICES AGREEMENT NO. 3957

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SECTION 20. WARRANTIES.

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

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

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

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

SECTION 21. MISCELLANEOUS.

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

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

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

d. The representations and warranties made by the parties to this Agreement shall survive the consummation of the transaction herein described.

e. This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the party whose signature appears in the facsimile and shall be binding upon such party in the same manner as though an originally signed copy had been delivered.

f. Each of the parties acknowledges that it has been represented by independent counsel of its own choosing, or if it has not been so represented, it has been admonished to obtain independent counsel and has freely and voluntarily waived and relinquished the right to counsel. Each party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such party’s failure to perform under this Agreement or any agreement referred to in this Agreement.

PROFESSIONAL SERVICES AGREEMENT NO. 3957

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SECTION 22. NOTICE.

All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusive ly 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:

If to CITY: City of Montebello
Attn: René Bobadilla, City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
Email: [email protected]

With a copy to: City of Montebello – Public Affairs
Attn: Michael Chee, Deputy Director
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887 - 1200
Email: [email protected]

If to Consultant: 789, Inc.

Attn: Charley Bell, President
101 North Citrus Avenue
Suite C3
Covina, CA 91723
(626) 533-6953
[email protected]

An electronic communication (“ Electronic Notice”) shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above.

Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form.

SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.

In the performance of this Agreement, the CONSULTANT shall not discriminate against any employee, sub- consultant, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, mental condition or sexual orientation. The CONSULTANT will take affirmative action to ensure that sub- consultant and applicants are employed, and that employ ees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.

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SECTION 24. CONFLICT OF INTEREST.

The CONSULTANT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by the CONSULTANT under this Agreement, or which would conflict in any manner w ith the performance of its services hereunder. The CONSULTANT further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, the CONSULTANT shall avoid the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this Agreement.

The CONSULTANT covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to the CITY as a result of the performance of this Agreement, or the services that may be procured by the CITY as a result of the recommendations made by the CONSULTANT. The CONSULTANT's covenant under this section shall survive the termination of this Agreement.

SECTION 25. ENTIRE AGREEMENT.

This Agreement contains the entire understanding between the CITY and the CONSULTANT. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications t o this Agreement shall be effective only if in writing and signed by each party. If any term, condition, or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall be valid and binding.

[SIGNATURE PAGE TO FOLLOW]
PROFESSIONAL SERVICES AGREEMENT NO. 3957

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IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above.

(“CITY”) (“CONSULTANT”)
CITY OF MONTEBELLO 789, INC.

René Bobadilla, City Manager Charley Bell, President

ATTEST:

Christopher Jimenez, City Clerk

APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City Attorney

EXHIBITS:
• Exhibit A – Response to RFP 22 – 2
• Exhibit B – Schedule of Compensation
• Exhibit C – Live Scan Fingerprinting Requirement

EXHIBIT “A”

Response to RFP 22-2

EXHIBIT “B”
S
chedule of Compensation
Tot
al Compensation Shall Not Exceed $50,000
E
XHIBIT “C”
Li
ve Scan Fingerprinting Requirements
P
rior to commencing services, the CONSULTANT may be required to successfully pass a Department of Justice fingerprinting background check (“Live Scan”) performed by a certified fingerprinting service provider or at the City of Montebello Police Department. The CONSULTANT shall be responsible for obtaining the Live Scan for its staff and shall bear the cost thereof. The agency completing the fingerprints must provide the City of Montebello Human Resources with the background check results and subsequent records for review. The CONSULTANT must obtain a “Temporary Consultant’s Badge” issued by the City of Montebello Human Resources prior to performing work.

ITEM #____

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: James Enriquez, Director of Public Works / City Engineer SUBJECT: Updated Report of Emergency Repair and Replacement of the Beach Street Storm Drain
DATE: February 23, 2022
RECOMMENDATIONS:

It is recommended that the City Council:
1) Receive and file the City Manager’s updated report of the emergency repair of the Beach Street Storm Drain pursuant to Montebello Municipal Code Section 3.20.140 and Public Contracts Code Section 22035; and
2) Take such additional, related, action that may be desirable.

FISCAL IMPACT
There is no new information to report regarding fiscal impacts.

BACKGROUND
On December 14, 2021, the Director of Public Works received an email from Los Angeles County Department of Public Works (LACDPW) Stormwater Maintenance staff notifying the City of damage to the dirt slope at the outlet of the Beach Street Storm Drain near the intersection of Beach Street and Bluff Road. LACDPW requested the City’s immediate attention to this matter.

In response to this email, Public Works contacted LACDPW staff and met them at the site on December 16 th to inform them that an underground contractor (Mike Bubalo Construction Co.) was on standby to complete emergency repairs prior to the storms forecasted for the following week. LACDPW issued a permit for temporary repairs and 7 CITY COUNCIL AGENDA REPORT – MEETING OF FEBRUARY 23, 2022 Updated Report of Emergency Repair and Replacement of the Beach Street Storm Drain

Page 2 of 2 ends

agreed to meet at the site on Monday (December 20th) once the contractor had completed exploratory excavation and the City had developed a plan of action for repairs that could be completed before the rain forecasted to begin on Thursday (December 23 rd). The meeting occurred in the afternoon on Monday (December 20 th) and the County agreed to the proposed temporary repairs.

The contractor completed the temporary emergency repairs on January 3rd.

On January 12, 2022, the City Council authorized the City Manager to finalize an agreement with Mike Bubalo Construction Co. for the replacement of the storm drain within Beach Street for an amount not-to-exceed $390,000. The work commenced on January 26, 2022.

Staff went door-to-door to notify the residents immediately adjacent to the work. The work is anticipated to be completed by March 4.

Staff is negotiating a change order with the contractor for the Beach Street Pavement Rehabilitation Project (Phase 1) to add the pavement restoration for Beach Street between 5th Street and Bluff Road. That contractor is anticipated to start work in March. The trench for the storm drain construction will be temporarily paved in anticipation of the street construction work starting soon.

SUMMARY

Staff will continue to coordinate the completion of this emergency work and updated reports will be included at each regularly scheduled City Council Meeting until the work is completed.

ATTACHMENT

None.

ITEM #____

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: James Enriquez, Director of Public Works / City Engineer SUBJECT: Notice of Completion for Beverly Boulevard Street Improvements Project – 21st Street to Howard Avenue (CP 866)
DATE: February 23, 2022
RECOMMENDATIONS:

It is recommended that the City Council:
1) Accept the Beverly Boulevard Street Improvement Project – 21st Street to Howard Avenue (CP 866) as completed by Gentry Brothers, Inc. (GBI); and 2) Approve the final contract amount with Gentry Brothers, Inc. in the amount of $1,109,082, including change orders; and
3) Authorize the City Clerk to execute, verify and file the Notice of Completion (Attachment A) with the Los Angeles County Registrar-Recorder; and 4) Authorize the City Manager to release the retention payment due to Gentry Brothers
, Inc. following the mandatory waiting period from the date the Notice of Completion is recorded in the amount of $14,207; and
5) Take such additional, related, action that may be desirable.

FISCAL IMPACT
On February 12, 2020, the City Council approved a Resolution of Appropriation that allocated $1,043,129 in Proposition C funds to the Project.

The City Council approved additional appropriations in the following amounts: 1) $327,650 of Proposition C Funds on May 13, 2020; and 2) $200,000 of Measure R funds 8 CITY COUNCIL AGENDA REPORT – MEETING OF FEBRUARY 23, 2022 Beverly Boulevard Street Improvements Project (CP 866) – Notice of Completion

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on August 26, 2020. Total appropriation s for this project are $1,570,779 across Proposition C (Fund 215) and Measure R (Fund 220).

The project was completed at a total cost of $1,227,273, $343,506 below the total project budget. After payment of the retention amount of $14,207, a ny remaining balance of funds will be available for programming for other projects. Since this project came in under budget, no budget adjustments are needed.

BACKGROUND

This Project was added to the Capital Improvement Program (CIP) in Fiscal Year 2017- 2018. The Project includes removal and reconstruction of existing concrete sidewalk s, curb and gutter s, driveway approach es, curb ramps, cold milling and repaving existing asphalt pavement streets, adjustment of utility covers, installation of pavement markings, curb painting, and installation of traffic loops. The limits of the Project as previously approved are 21st Street to Howard Avenue.

On September 11, 2019, the City Council found the Project categorically exempt pursuant to the State Guidelines for Implementation of the California Environmental Quality Act (CEQA) and approved The Project plans and specifications as prepared by Infrastructure Engineers and authorized the Public Works Department to advertise the Project for public bidding.

The Notice Inviting Bids was published in the local newspaper on September 19, 2019 and September 26, 2019, and for two weeks on the Green Sheets. The notice and the plans and specifications were posted on Planet Bids and available for review at the City Clerk’s Office.

On October 7, 2019, nine (9) bids were received and opened publicly. Gentry Brothers, Inc. (GBI), submitted the lowest responsive bid in the amount of $739, 951. The City Council awarded GBI the contract in that amount at its m eeting on February 12, 2020.

The City Council also authorized Change Order No. 1 in the amount of $327,650 on May 13, 2020 and Change Order No. 2 in the amount of $200,000 on August 26, 2020 (and increased appropriations in the appropriate accounts).

GBI commenced construction on May 11, 2020. The project was substantially completed in July 2020, with the exception of the pedestrian crosswalk added to the project as Change Order No. 2 . The equipment for the crosswalk was on backorder and was not received until the middle of 2021 . Since the majority of the work was satisfactorily completed in July 2020, the contractor requested payment of 90% of the Retention Funds in the amount of $41,247 which was approved by the City Council on January 21, 2021.

ANALYSIS

The final summary of total project costs is as follows:

CITY COUNCIL AGENDA REPORT – MEETING OF FEBRUARY 23, 2022 Beverly Boulevard Street Improvements Project (CP 866) – Notice of Completion

Page 3 of 3 ends

$ 37,893 Design Phase (Plans, Specifications, & Estimate) $ 9,500 Topographical Survey
$ 14,800 Construction/Project Management
$ 12,500 Geotechnical Investigation
$ 36,998 Public Works Inspection
$ 6,500 Geotechnical Material Testing
$ 739,951 Original Construction Contract (GBI)
$ 369,131 Approved Construction Change Orders
$1,227,273 Total Project Cost

The Contractor completed construction of this project in October 2021. The City Engineer has reviewed the inspection reports and determined that the project was completed satisfactorily and in accordance with the project plans and contract specifications. The filing of the Notice of Completion is recommended.

NOTICE OF COMPLETION

Pursuant to Civil Code Section 3093, when a capital improvement p roject is completed, a Notice of Completion must be prepared and filed with the County Recorder’s Office for recordation after completion of the improvement. In compliance with this section of the Civil Code, the City Engineer has prepared the required Notice of Completion for the City Council to accept the project as complete d; and to authorize the City Clerk to execute, verify and file the Notice of Completion for recordation with the County Recorder’s Office.

Concurrent with the preparation of the Notice of Completion, the City Engineer approved the final progress payment based on the agreed upon scope of work; with a five (5%) percent retention being withheld from the progress payments. The final retention payment will be released to the contractor after recordation of the Notice of Completion with the Los Angeles County Registrar-Recorder.

SUMMARY

Staff is recommending that the City Council accept the Project as completed, approve the final construction budget and expenditures, including change orders, a uthorize the City Clerk to execute, verify and file the Notice of Completion with the Los Angeles County Registrar-Recorder, and authorize the City Manager to rele ase the remaining retention payment due to Gentry Brothers, Inc.

ATTACHMENT:

A. Attachment A – Notice of Completion

RECORDING REQUESTED BY ATTACHMENT A

CITY OF MONTEBELLO

AND WHEN RECORDED MAIL TO

NAME CITY OF MONTEBELLO

CITY CLERK
STREET 1600 W Beverly Blvd.

ADDRESS
CITY Montebello,

STATE CA
ZIP 90640

SPACE ABOVE LINE FOR RECORDERS USE
________________________________________________________________________________________________________________________________________________

NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for complete requirements.) Notice is hereby given that:

1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:

2. The full name of the owner is City of Montebello

3. The full address of the owner is 1600 W Beverly Blvd., Montebello, CA 90640

4. The nature of the interest or estate of the owner is: in fee.

(if other than Fee, strike “In fee” and insert, for example, “purchaser under contract of purchase”, or “lessee”)

5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:

NAMES ADDRESSES

_______________________________________________________________________________________________

6. The full names and addresses of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work or improvements herein referred to:

NAMES ADDRESSES
____________________________________________________________________________________________

7. A work of improvement on the property hereinafter described was completed on December 31 , 2021. The general scope of work consisted of removing and reconstructing portions of damaged concrete sidewalks, damaged driveways, damaged curb and gutters , curb ramps, cross gutters, cold milling of existing asphalt pavement, paving with new asphalt, curb painting, traffic striping, pavement markings, and utility cover adjustment.

8. The name of the contractor, if any, for such work of improvement was Gentry Brothers, Inc.

February 12, 2020
(If no contractor for work of improvement as a whole, insert “None”) (Date of Contract)

9. The property on which said work of improvement was completed is in the City of Montebello County of Los Angeles, State of CA, and is described as follows: Beverly Boulevard Street Improvements Project (From 21st Street to Howard Avenue), CP 866.

Director of Public Works / City Engineer, City of Montebello (Signature of Owner or corporate officer of Owner named in paragraph 2, or his agent)

VERIFICATION

I, the undersigned, say: I am the City Clerk of the City of Montebello, the declarant of the foregoing Notice of Completion:

I have read said Notice of Completion and know the contents thereof; the same is true to my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.

Executed on_________________ , 2022 at City of Montebello, Montebello, CA __________________________________________________(Personal signature of the individual who is swearing that the contents of the Notice of Completion are true)

DO NOT RECORD

REQUIREMENTS AS TO NOTICE OF COMPLETION

A notice of completion must be filed for record WITHIN 10 DAYS after completion of the work of improvement (to be computed exclusive of the day of completion), as provided in Civil Code Section 3093.

The “owner” who must file for record a notice of completion of a building or other work of improvement means the owner (or his s uccessor in -interest at the date the notice is filed) on whose behalf the work was done, though his ownership is less than the fee title.

For example, if A is the owner in fee, and B, lessee under a lease, causes a building to be constructed, then B, or w hoever has succeeded to his interest at the date the notice is filed, must file the notice.

If the ownership is in two or more persons as joint tenants or tenants is common, the notice may be signed by any one of the co- owners (in fact, the foregoing form is designed for giving of the notice by only one cotenant), but the names and addresses of the other co-owners must be stated in paragraph 5 of the form.

Note that any Notice of Completion signed by a successor in interest shall recite the names and addresses of his transferor or transferors.

In paragraphs 3, 5 and 6, the full address called for should include street number, city, county and state.

As to paragraphs 7 and 8, this form should be used only where the notice of completion covers the work of improvement as a whole. If the notice is to be given only of completion of a particular contract, where the work of improvement is made pursuant to two or more original contracts, then this form must be modified as follows: (1) Strike the words “A work of improvement” from paragraph 6 and insert a general statement of the kind of work done or materials furnished pursuant to such contract (e.g., “The foundations for the improvements”); (2) Insert the name of the contractor under the particular contract in paragraph 7.

In paragraph 8 of the notice, insert the name of the contractor for the work of improvement as a whole. No contractor’s name need be given if there is n o general contractor, e.g., on so-called “owner-builder jobs.”

In paragraph 9, insert the full, legal description, not merely a street address or tax description. Refer to deed or policy of title insurance. If the space provided for description is not sufficient, a rider may be attached.

In paragraph 10, show the street address, if any, as signed to the property by any competent public or governmental authority.

This standard form covers most usual problems in the field indicated. Before you sign, read it, fill in all blanks, and make changes proper to your transaction. Consult a lawyer if you doubt the form’s fitness for your purpose.

ITEM #____

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: Joseph Palombi, Planning and Community Development Director SUBJECT: Approve Professional Services Agreement No. 3956 with Inter-Con Security Systems for Supplemental Parking Enforcement Services DATE: February 23, 2022
RECOMMENDATIONS:

It is recommended that the City Council take the following actions:
1) Approve Professional Services Agreement No. 3956 with Inter-Con Security Systems and authorize the City Manager to execute a three (3) year agreement for Supplemental Parking Enforcement Services in a total amount that shall not exceed $1,244,801; and
2) Acknowledge the use of Montebello Municipal Code Chapter 3.20.125A, “Piggybacking purchasing agreements” as the allowed and permitted method for acquiring these services; and
3) Amend the Fiscal Year 2021-22 budget by increasing appropriations by $98,792, Account No. 100-50-530-6040.10 (General Fund, Community Development, Code Enforcement, Other Contract Services); and
4) Authorize the City Manager to take any additional action as needed.

FISCAL IMPACT
The City of Montebello is seeking an effective solution to address local parking enforcement needs, specifically those related to residential street sweeping and commercial area enforcement. As part of the assessment process in planning to implement supplemental parking enforcement services, the Planning and Community Development and Finance Departments
reviewed neighboring cities that use third-party
service providers to address similar needs. During this review, staff identified Inter-C on Security Systems (Inter-Con) as the best candidate to meet the City’s requirements. 9 CITY COUNCIL AGENDA REPORT – MEETING OF FEBRUARY 23, 2022 Approve Professional Services Agreement with Inter -Con Security Systems for Supplemental Parking Enforcement Services

Page 2 of 4 ends

Inter-Con currently provides services to the City of Alhambra. These services were established between the City of Alhambra and Inter-Con through a competitive award process. The contract between Inter -Con and Alhambra was awarded in 2021 (See Attachment A – City of Alhambra/Inter-Con Security Systems Contract No. C2M21-21).

Inter-Con has provided the City with authorization to purchase services using the same pricing in the above agreement. This practice is permitted according to Montebello Municipal Code Section 3.20.125 A – Piggybacking Purchasing Agreements, which states:

The purchasing officer may arrange for the City and enter into purchase contracts with a vendor(s) for the purchase of supplies, equipment, services, including but not limited to materials, vehicles and apparatus, the pricing and terms of which have been previously established by another local, county, state, federal or other public entity, school district, League of California Cities, California Communities Program, or other nonprofit association or group consisting of governmental entities, provided that:

1. The purchase contr act with the vendor(s) is the result of competitive bidding or negotiation and is made in compliance with the competitive bid or proposal requirements of any participating entity or organization;

2. The agreement or purchase order must be valid/not expired and he vendor/consultant has provided written authorization for the city to make purchases using the same (or lower) pricing;

3. The purchase conforms to the City's specifications for the item or service; and

4. The estimated price of the purchase is lowe r than that estimated for the purchase if made directly by the City pursuant to this chapter.

Staff has reviewed the agreement and confirmed that all of the aforementioned criteria have been met.

If approved, staff will have the authorization to spend up to $1,244,801 in total over the initial three-year term of the agreement for Inter-Con’s parking and related services (See Exhibit B of Attachment B for additional details):
 Year 1 (April 1, 2022 – March 31, 2023): $395,165
 Year 2 (April 1, 2023 – March 31, 2024): $420,150
 Year 3 (April 1, 2024 – March 31, 2025): $429,485

The initial estimate of $98,792 needed for FY 2021-22 is based upon anticipated service start date of April 1, 2022 (as reflected above and in the “Schedule of Compensation,” CITY COUNCIL AGENDA REPORT – MEETING OF FEBRUARY 23, 2022 Approve Professional Services Agreement with Inter -Con Security Systems for Supplemental Parking Enforcement Services

Page 3 of 4 ends

Exhibit B to the agreement). Subsequent budgets (i.e. FY 2022-23) will include sufficient annual funding for these services based on the estimates noted above. A budget amendment in the amount of $ 98,792 is required to increase appropriations in the Community Development Department (Account No. 100 -50-530-6040.10) for FY 2021 -

22. Based on historical patterns for parking citations issued and revenue collection associated with street sweeping citations, there is an anticipation of a very modest increase in revenue that will help offset the annual cost of this contract (potentially 10 - 15%). During the last three (3) fiscal years (FY 2018-19, FY 2019-20, and FY 2020-21), “No Parking – Street Sweeping” citations accounted for approximately seventy percent (70%) of parking citations issued. The City collected parking citation revenue totaling $728,609 in FY 2018-19 (pre-pandemic); $585,950 in FY 2019-20; and $609,926 in FY 2020-21 (revenue totals represent enforcement of all parking laws, street sweeping enforcement is 70% of these annual totals).

It must be noted that the City is pursuing supplemental parking enforcement services in an effort to fairly enforce existing parking laws throughout the City. The ability to conduct citywide parking enforcement on a regular and proactive basis will improve the cleanliness of our streets by ensuring street sweepers can access all areas. Moreover, the citywide enforcement will help in our commercial areas where parking is limited. Any additional revenue gained will help offset the contract costs, but increased revenue is not a reason for implementing the additional services.

BACKGROUND
The Montebello Parking Enforcement Division enforces all parking laws in the California Vehicle Code and Montebello Municipal Code. Previously, parking enforcement services were managed and operated as a division within the Police Department. In 2021, the Parking Division was transferred to the Planning and Community Development Department, Code Enforcement Division.

Currently, three (3) part-time employees are assigned to the City’s Parking Enforcement detail in the Code Enforcement Division . These are recent hires in an effort to increase dedicated staffing in this area. Previously, without dedicated parking enforcement staff , the City has been utilizing police officers and code enforcement officers to supplement parking enforcement. While this solution has helped address constituent parking issues, the additional responsibility has taken the staff mentioned above away from their primary responsibilities (i.e. Patrol and Code Enforcement).

The City is seeking to drastically improve the deli very of parking enforcement by increasing driver compliance with traffic laws pertaining to parking and better -looking streets. For this reason, the Ci ty is seeking the services of Inter -Con to provide supplemental parking enforcement services.

CITY COUNCIL AGENDA REPORT – MEETING OF FEBRUARY 23, 2022 Approve Professional Services Agreement with Inter -Con Security Systems for Supplemental Parking Enforcement Services

Page 4 of 4 ends

The City of Montebello is approximately 8.37 square miles and maintains 125 miles of roadways. The City contracts with Nationwide Environmental Services to operate three (3) street sweepers, five (5) days per week (Monday through Friday). Each sweeper is assigned one (1) route per day, covering three (3) routes (two (2) residential routes and one (1) commercial route) during a five (5) day period. Each sweeper maintains a speed of 5 - 8 miles per hour, traveling approximately 30 - 40 miles per day.

Street parking restrictions alternate between two (2) ti me periods, 3:00am - 6:00am and 7:00am - 4:00pm. Street Sweeping services are typically suspended on City -recognized holidays and when weather conditions require suspension.

The following table summarizes the day, times, and number of parking enforcement personnel required to properly enforce “No Parking – Street Sweeping” restrictions, based on the current street sweeping schedule:

Monday Tuesday Wednesday Thursday Friday Weekends/
Holidays
1 Officer
3:00-
6:00am
1 Officer
3:00-
6:00am
1 Officer
3:00-6:00am
1 Officer
3:00-
6:00am
1 Officer
3:00-6:00am
Upon Request
2 Officers
7:00am-
4:00pm
2 Officers
7:00am-
4:00pm
2 Officers
7:00am-
4:00pm
2 Officers
7:00am-
4:00pm
2 Officers
7:00am-
4:00pm
Upon Request
2 Officers
7:00am-
4:00pm
2 Officers
7:00am-
4:00pm
2 Officers
7:00am-
4:00pm
2 Officers
7:00am-
4:00pm
2 Officers
7:00am-
4:00pm
Upon Request

SUMMARY
Staff is seeking a solution to drastically improve parking enforcement services and increase compliance with laws pertaining to street sweeping and other parking laws throughout the City . To accompl ish this, it is requested that City C ouncil approve the attached agreement with Inter-Con Security to provide supplemental parking enforcement services for an initial three (3) year term in an amount not to exceed $1,244,801 and amend the Fiscal Year 2021 -22 budget by increasing appropriations by $98,792 in Account No. 100 -50-530-6040.10 (General Fund, Community Development, Code Enforcement, Other Contract Services) . Subsequent budgets will contain sufficient funding for these annual services.

ATTACHMENTS:

Attachment A – City of Alhambra/Inter-Con Security Contract No. C2M21-21 Attachment B – Professional Services Agreement No. 3956

ATTACHMENT A

ATTACHMENT B

CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO. 3956
WITH INTER-CON SECURITY SYSTEMS, INC.

THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into on , 2022 ("Effective Date"), by and between the CITY OF MONTEBELLO, a California municipal corporation (the "CITY") and INTER-CON SECURITY SYSTEMS, INC. (the "CONSULTANT"). The CITY and the CONSULTANT are sometimes referred to herein individual as the "Party," and jointly as the "Parties."

RECITALS
WHEREAS, the CITY desires to retain a qualified professional consultant to provide parking enforcement services in the CITY; and

WHEREAS, the CONSULTANT currently has a contract with the City of Alhambra for parking enforcement services (Contract No. C2M21-21); and

WHEREAS, the CONSULTANT was awarded this contract through an open, competitive process (City of Alhambra RFP No. 2M21-3); and

WHEREAS, the CONSULTANT grants the City authorization to make purchases using the same terms and conditions as those listed in the City of Alhambra contract.

NOW THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows:

SECTION 1. INCORPORATION OF RECITALS AND OTHER CONTRACT DOCUMENTS

A. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover, this Agreement consists of the following documents, in order of precedence, all of which are incorporated herein and made part of this Agreement, as though fully set forth herein:

a. This Agreement and its Exhibits, including any and all addenda or supplemental agreements.
b. Proposal dated October 15, 2021
c. City of Alhambra Contract No. C2M21-21
d. Proposal referenced and Best Final Offer received by the successful proposer.
e. All other documents, including but not limited to all applicable bonds, insurance certificates, permits, notices, schedules, forms, certifications, and affidavits.

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

SECTION 2. SERVICES/ COMPENSATION.

A. All terms, conditions, requirements, and provisions of the services in Contract PROFESSIONAL SERVICES AGREEMENT NO. 3956

Page 2 of 11 ends

No. C2M21-21 dated July 1, 2021, as such is set forth fully in Exhibit "A" hereto, are hereby incorporated fully herein by this reference and shall be binding on the Parties. To the extent of a conflict between the terms of this Agreement and that set forth in any exhibits or attachments hereto, the terms of this Agreement shall govern.

B. The CONSULTANT shall provide to the CITY all labor, equipment, m aterials and incidental necessary to provide parking enforcement services, as such is set forth fully in Exhibit "A" hereto and incorporated fully herein by this reference (hereinafter "Professional Services").

C. The CONSULTANT shall be compensated for performance of the Professional Services as set forth in the Schedule of Compensation attached hereto as Exhibit "B" and incorporated fully herein by this reference ("Compensation"). The CONSULTANT shall provide an itemized billing statement to the CITY each month for Professional Services performed. The CONSULTANT shall no incur fees or costs which exceed the Compensation without the prior written consent of the CITY.

SECTION 3. TERM.

a. This Agreement shall commence upon issuance of a written "Notice to Proceed" (as further defined below) by the CITY and shall expire on March 31, 2025 from the Effective Date, unless terminated earlier as hereinafter provided. This Agreement may be extended for up to one (1), one- year extension upon such terms and condi tions 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 issued by CITY's applicable, department head.

SECTION 4. PERFORMANCE.
a. The CONSULTANT shall at all times, faithfully, competently, and to the best of its ability, experience, and talent, perform all tasks described herein.

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

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

d. The CONSULTANT shall have the right to retain, subject to the CITY's approval, additional individuals, consultants or subconsultants to assist in the completion of services as herein defined.

Compensation for additional individuals, consultants or subconsultants shall be the sole and exclusive responsibility of the CONSULTANT.

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

PROFESSIONAL SERVICES AGREEMENT NO. 3956

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SECTION 5. WORK PRODUCT.
a. The CONSULTANT hereby agrees that all work product produced pursuant to this Agreement, and provided to the CITY during and upon completion of this Agreement, shall be the property of the CITY, and ownership of said work product shall be retained by the CITY. The CONSULTANT may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by the CONSULTANT.

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

SECTION 6. EXTRA SERVICES.

No extra services over and above the Compensation sha ll be rendered by the CONSULTANT under this Agreement unless such extra services first shall have been duly authorized in writing by the CITY's City Manager (the "City Manager").

SECTION 7. CITY SUPERVISION.

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

SECTION 8. TERMINATION.

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

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

PROFESSIONAL SERVICES AGREEMENT NO. 3956

Page 4 of 11 ends

b. Termination for Convenience. The CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, by giving thirty (30) business days' written notice to the CONSULTANT. Upon the termination of this Agreement as provided herein, t he CITY shall provide to the CONSULTANT the part of Compensation which would otherwise be payable to the CONSULTANT for services the CONSULTANT had completed as of the date of termination, less the amount of all previous payment with respect to the Compensation.

Further, upon such a termination for convenience by the CITY, the Parties agree that the CONSULTANT shall be reimbursed for any "non- refundable" costs that the CONSULTANT has incurred for its services under this Agreement, provided that: (1) such "non- refundable" costs were incurred by the CONSULTANT prior to the date of termination, and (2) that the CONSULTANT provides the CITY with adequate proof that the CONSULTANT incurred the costs, and is unable to be seek a refund for such costs. Such "non-refundable" costs may include, but are not limited to, travel reservations incurred by the CONSULTANT for its performance of services under this Agreement. The CONSULTANT agrees to cease all work under this Agreement on or before the effective date of any notice of termination.

SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.

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

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

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

SECTION 11. INDEPENDENT CONSULTANT.
a. The CONSULTANT is and shall, at all times, remain as to the CITY a wholly independent consultant. Neither the CITY nor any of its elected officials, officers, employees, or agents shall have control over the conduct of the CONSULTANT except as expressly set forth in this Agreement. The CONSULTANT shall not at any time or in any manner represent that he or she is in any manner an elected official, officer, employee, or agent of the CITY. No employee benefits shall be available to the CONSULTANT in connection with the performance of this Agreement.

Except as provided in this Agreement, the CITY shall not pay salary, wages, or other compensation to the CONSULTANT for performance hereunder for the CITY, the CITY shall not be liable for compensation to the CONSULTANT, the CONSULTANT's employees or the CONSULTANT' s subconsultants for injury or sickness arisingout of performing services hereunder. b. The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement.

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

PROFESSIONAL SERVICES AGREEMENT NO. 3956

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SECTION 12. CalPERS ANNUITANTS AND ELIGIBILITY INDEMNITY. a. If the CONSULTANT is a California Public Employees' Retirement System ("CalPERS") annuitant, the CONSULTANT must provide the City with written notification of such fact a minimum of 14 calendar days prior to commencement of services under this Agreement. Failure to provide such notification may result in termination of the Agreement, and any penalties or other costs relating thereto shall be borne by the CONSULTANT. If this Agreement remains in place, the CONSULTANT shall execute any amendment(s) to this Agreement requested by the City in order to comply with all laws and regulations applicable to CalPERS annuitants.

b. In the event that the CONSULTANT or any employee, agent, or subconsultant of the CONSULTANT providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the CITY, the CONSULTANT shall indemnify, defend, and hold harmless the CITY for the payment of any employee and/or employer contributions for CalPERS benefits on behalf oft h e CONSULTANT or its employees, agents, or subconsultants, as well as for the payment of any penalties and interest on such contributions. which would otherwise be the responsibility of the CITY.

SECTION 13. LEGAL RESPONSIBILITIES.

SECTION 14. INDEMNIFICATION.

SECTION 15. INSURANCE COVERAGE.
a. During the term of this Agreement, the CONSULTANT shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to PROFESSIONAL SERVICES AGREEMENT NO. 3956

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property that may arise from or in connection with CONSULTANT's performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:

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

• Automobile Liability Insurance: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if CONSULTANT has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
• Worker's Compensation insurance as required by the laws of the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

• Professional Liability insurance appropriate to the CONSULTANT'S profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.

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

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

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

f. Evidence of Insurance prior to commencement. The 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]
PROFESSIONAL SERVICES AGREEMENT NO. 3956

Page 7 of 11 ends

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

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

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

j. The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming the CITY, its officers, employees, agents and volunteers as additional insured's. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days' prior written notice to the CITY. The CONSULTANT agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions.

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

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

m. Any deductibles or self-insured retentions must be declared to and approved by the CITY.

At the option of the CITY, the CONSULTANT shall either reduce or eliminate the deductibles or self-insured retentions with respect to the CITY, or the CONSULTANT shall procure a bond guaranteeing payment of losses and expenses.

n. Procurement of insurance by the CONSULTANT shall not be construed as a limitation of the CONSULTANT'S liability or as full performance of CONSULTANT's duties to indemnify, hold harmless and defend under the indemnity covenants of this Agreement.

SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.

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

PROFESSIONAL SERVICES AGREEMENT NO. 3956

Page 8 of 11 ends

SECTION 17. NO WAIVER.

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

SECTION 18. DISPUTE RESOLUTION; GOVERNING LAW.

Disputes regarding the interpretation or application of any provision(s) of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Parties.

If any action at law or in equity is brought to enforce this Agreement or because of alleged dispute, breach, default or misrepresentation in connection with the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney's fees, expert fees, costs and necessary disbursements incurred in that action or proceeding, in addition to such other relief as may be sought and awarded. The venue for any litigation shall be County of Los Angeles, California. The Parties agree that the covenants contained in this Section shall survive the expiration or termination of this Agreement.

SECTION 19. ATTORNEY'S FEES AND COSTS.

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

SECTION 20. WARRANTIES.

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

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

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

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

SECTION 21. MISCELLANEOUS.
a. The descriptive paragraph headings of this Agreement are included for purposes of convenience only and shall not control or affect the construction of interpretation of any of its PROFESSIONAL SERVICES AGREEMENT NO. 3956

Page 9 of 11 ends

provisions.

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

d. The representations and warranties made by the parties to this Agreement shall survive the consummation of the transaction herein described.

Each party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such party's failure to per form under thisAgreement or any agreement referred to in this Agreement.

SECTION 22. 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:

If to CITY:

With a copy to:

City of Montebello
Attn: Rene Bobadilla, City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
Email: [email protected]

City of Montebello - Finance Department
Attn: Michael Solorza
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887 -1200 ext.412
Email: [email protected]
PROFESSIONAL SERVICES AGREEMENT NO. 3956

Page 10 of 11 ends

If to Consultant: Inter-Con Security Systems, Inc.

Attn: Matthew Reeser
210 South De Lacey Avenue
Pasadena, CA 91105
(626) 535 - 2639
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 sendinq Electronic Notice receives verification of receipt by the receivinq party. Any party receivinq Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form.

SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.

In the performance of this Agreement, the CONSULTANT shall not discriminate against any employee, sub-consultant, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, mental condition or sexual orientation. The CONSULTANT will take affirmative action to ensure that sub -consultant and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.

SECTION 24. CONFLICT OF INTEREST.

The CONSULTANT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by the CONSULTANT under this Agreement, or which would conflict in any manner with the performance of its services hereunder. The CONSULTANT further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, the CONSULTANT shall avoid the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this Agreement.

The CONSULTANT covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to the CITY as a result of the performance of this Agreement, or the services that may be procured by the CITY as a resultof the recommendations made by the CONSULTANT. The CONSULTANT's covenant under this section shall survive the termination of this Agreement.

SECTION 25. ENTIRE AGREEMENT.

This Agreement contains the entire understanding between the CITY and the CONSULTANT. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party. If any term, condition, or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, v oid, or unenforceable, the remaining provisions of this Agreement shall be valid and binding.

[SIGNATURE PAGE TO FOLLOW]
PROFESSIONAL SERVICES AGREEMENT NO. 3956

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IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above.

("CITY")

CITY OF MONTEBELLO
("CONSULTANT")

INTER-CON SECURITY SYSTEMS,
INC.

René Bobadilla, City Manager Neil Martau, Chief Executive Officer

ATTEST:

Christopher Jimenez, City Clerk

APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City Attorney

EXHIBITS:
• Exhibit A - City of Alhambra (Contract No. C2M21-21)
• Exhibit B - Schedule of Compensation
• Exhibit C - Parking Enforcement Representative Scheduling

Exhibit “A”

(City of Alhambra Contract No. C2M21-21)

Exhibit "B"
Schedule of Compensation

(See Inter-Con Security Systems proposal dated October 15, 2021)

Year 1 Rates -April 1", 2022 to March 31", 2023

Position Hours/
Week
Regular
Bill Rate
Over1ime-
/ Holiday
Bill Rate
Parking Enforcement Representative- Day Shift Up to 160 $32.17 $48.26 Parking Enforcement Representative- Grave Shift Up to 160 $38.72 $58.08

Year 2 Rates -April1", 2023 to March31", 2024
Position . Hours/
Week
Regular
Bill Rate
Overtime
/ Holiday
Bill Rate
Parking Enforcement Representative- Day Shift
Parking Enforcement Representative-Grave Shift
Upto 160
Up to 160
$34.45
$41.45
$51.68
$62.18

Year 3 Rates - April1", 2024 to March31", 2025

Position Hours/
Week
Regular
Bill Rate
Overtime
/ Holiday
BIii Rate
Parking Enforcement Representative - Day Shift Up to 160 $35.30 $52.95 Parking Enforcement Representative- Grave Shift Up to 160 $42.47 $63.71

Item

Qty Year 1
Rate Year 1 Cost Year2
Rate Year 2 Cost Year3
Rate Year 3 Cost

Day Shift
Up to 16-0
HPW

$32.17

$267,654.40

$34.45

$286,624.00

$35.30

$293,696.00
OR

Grave Shift

Up to 16-0
HPW

$38.72

$322,150.40

$41.45

$344,864.00

$42.47

$353,350.40

Vehicles 4 units S850.00 $40,800.00 $850.00 $40,800.00 S850.00 $40,800.00 C-0ntinnAnCY(10%) $32,215.04 $34,486.40 $35,335.04
Maximum Annual
Comoensation

$395,165.44

$420,150.40

$429,485.44

Annual Maximum Expenditure
Year 1 (April 1, 2022 - March 31, 2023)
Year 2 (April 1, 2023 -March 31, 2024)
Year 3 (April 1, 2024 -March 31, 2025)

$3g5,165.44
$420,150.40
$429,485.44

Exhibit "C"

Parking Enforcement Representative Scheduling

In order to allow sufficient time for the Consultant to perform scheduling, the City agrees to provide a minimum of thirty (30) day notice of the desired dates and times that parking enforcement representatives are required. The method in which scheduling will occur will be mutually agreed upon by the City and Consultant prior to any work commencing.

IT EM #____
CI

TY OF MONTEBELLO
CIT

Y COUNCIL AGENDA STAFF REPORT
TO: H
onorable Mayor and City Council Members
FR
OM: René Bobadilla, P.E., City Manager
BY: J
oseph Palombi, Director of Planning and Community Development SUBJ
ECT: Adopt Resolution No. 22-10 Directing the City Manager to extend the Temporary Outdoor Dining Program and direct staff to return to City Council within one -year with a permanent program to allow restaurants to utilize adjacent outdoor areas to serve food and drinks to customers pursuant to an Outdoor Dining Permit, and Notice of Exemption pursuant to CEQA “Common Sense exemption ” Section 15061(b)(3)
DAT
E: February 23, 2022
RECOMMENDATIONS:

It is recommended that the City Council:
1) Approv
e Resolution No. 22-10 directing the City Manager to extend the Temporary Outdoor Dining Program and direct staff to return to City Council within one- year with a permanent program to allow restaurants to utilize adjacent outdoor areas to serve food and drinks to customers pursuant to an Outdoor Dining Permit; and 2) Appr
ove ENV-08--22-CE Notice of Exemption under (State California Environmental Quality Act (CEQA) Guidelines Section § 15061(b)(3)) “Common Sense Exemption” for the proposed project; and
3) Tak
e such additional, related, action that may be desirable.

FISCAL IMPACT
There is no fiscal impact related to the recommended actions.

BACKGROUND
On May 29, 2020, the County of Los Angeles was granted an approval from the California Department of Public Health to proceed to "Stage 2" of the four (4) Stages of Governor 10 CITY COUNCIL AGENDA REPORT – MEETING OF FEBRUARY 23, 2022 Adopt Resolution No. 22 -10 Directing the City Manager to extend the Temporary Outdoor Dining Program and direct staff to return to City Council within one -year with a permanent program to allow restaurants to utilize adjacent outdoor areas to serve food and drinks to customers purs uant to an Outdoor Dining Permit, and Notice of Exemption pursuant to CEQA “Common Sense exemption” Section 15061(b)(3)

Page 2 of 4 ends

Newsom's Pandemic Resiliency Roadmap for reopening in response to outbreak caused by the novel coronavirus ("COVID -19"). During that time, restaurants in the City of Montebello (the “City”) were permitted to utilize their indoor dining areas subject to compliance with safety protocols from the Los Angeles County Public Health Officer (the “County Health Officer”). Restaurants were required to adhere to specific requirements of physical distancing between groups of customers, which limited their indoor in-person dining occupancy at the time.

When indoor dining was restricted by the State during COVID -19, many municipalities, including the City of Montebello, established a Temporary Outdoor Dining (TOD) Program to provide for the protection of life and property; and to allow businesses to continue to operate, primarily by allowing outdoor dining operations to exist either on public sidewalks and/or other public right-of-way, parking lots, and/or setback areas.

ANALYSIS
On June 24, 2020, the City Manager in his role as the Director of Emergency Services , issued an emergency order establishing and approving Temporary Outdoor Dining Permit (the “TOD Permit”) guidelines for eating establishments. The TOD Permit was initiated to encourage “al fresco dining” and assist sit -down restaurants to boost their businesses after the in-person dining closures implemented from the “Safer at Home Orders” to help reduce the spread of COVID-19.

The Planning and Community Development Department established guidelines and developed a “no cost” TOD Permit, which temporarily allowed eating establishments with approval of the property owners, the flexibility to designate outdoor dining areas such as walkways, sidewalks, or parking stalls for shared outdoor dining areas to serve one or multiple establishments on a temporary basis with City review and approval.

The TOD Permit also allows eating establishments with indoor dining areas the opportunity to utilize the public sidewalks or street parking subject to meeting the safety standards and obtaining an encroachment permit. Eating establishments must provide barriers and separation from vehicular traffic, maintain accessibility and compliance with the Americans with Disabilities Act (“ADA”), and maintain the subject areas to ensure there is no trash and debris in and around the dining area. A fee has not been implemented for this permit and any encroachment permit would remain in effect concurrent with the temporary permit; unless extended or earlier terminated by the City.

In addition, establishments with an existing alcohol license permitted to serve on- site alcohol from the CA D epartment of Alcoholic Beverage Control (ABC) are permitted to serve alcohol to accompany meals with the TOD Permit subject to compliance with the CITY COUNCIL AGENDA REPORT – MEETING OF FEBRUARY 23, 2022 Adopt Resolution No. 22 -10 Directing the City Manager to extend the Temporary Outdoor Dining Program and direct staff to return to City Council within one -year with a permanent program to allow restaurants to utilize adjacent outdoor areas to serve food and drinks to customers purs uant to an Outdoor Dining Permit, and Notice of Exemption pursuant to CEQA “Common Sense exemption” Section 15061(b)(3)

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COVID-19 Temporary Catering Authorization Application (Form ABC -218 CV19). Most recently, on October 8, 2021, Governor Newsom signed SB 314 Alcoholic Beverages, which allows current licenses with expanded outdoor dining premises under ABC’s emergency relief order to expand outdoor restaurant/bar seating with alcohol service, on parking lots, sidewalks, and/or public right-of-way, with the approval of the City.

As part of the established guidelines, the City would reserve the right, at any time during the operating hours, to conduct an inspection of any TOD Permit to ensure compliance with the guidelines. The City reserves the right to terminate a restaurant’s use of a TOD Permit, without advance notice, if the operation is deemed a public nuisance, does not comply with applicable laws, violates fire safety or ADA accessibility requirements, or violates the TOD Per mit Guidelines, the State Health Guidelines, or applicable local health orders.

Since the inception of the TOD Permit, the program has provided a way for businesses to remain open with COVID -19 restrictions in place. During the pandemic, a total of 21 businesses transformed public parking lots and other public right -of-way areas into al fresco dining. Furthermore, staff has received numerous inquiries from businesses, in particular the downtown area, as to whether the city would extend the TOD Permit or create a more permanent program that would allow businesses to maintain their outdoor dining area on a permanent basis.

Given the uncertainty of the pandemic and to avoid interruptions of business, eating establishments with active TOD permits were allowed to continue with their outdoor dining operations. In consideration of the livelihood of businesses in the city and to facilitate an economic development environment that supports wide variety of businesses, st aff recommends the following:

1. Extend the Temporary Outdoor Dining Program until December 31, 2022 to allow eating establishments the ability to utilize outdoor areas, with property owner approval, for the purpose of outdoor dining, and allow recovery efforts to continue uninterrupted; and

2. Retroactively extend all active TOD Permits to December 31, 2021; and

3. Direct staff time to analyze the potential of establishing a long-term outdoor dining program and return to City Council within one-year for consideration.

ENVIRONMENTAL
Pursuant to the California Environmental Quality Act (CEQA), this project is exempt from CEQA under the common sense rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Because it can be seen with CITY COUNCIL AGENDA REPORT – MEETING OF FEBRUARY 23, 2022 Adopt Resolution No. 22 -10 Directing the City Manager to extend the Temporary Outdoor Dining Program and direct staff to return to City Council within one -year with a permanent program to allow restaurants to utilize adjacent outdoor areas to serve food and drinks to customers purs uant to an Outdoor Dining Permit, and Notice of Exemption pursuant to CEQA “Common Sense exemption” Section 15061(b)(3)

Page 4 of 4 ends

certainty that there is no possibility that this project will have a significant effect on the environment, the project is not subject to CEQA pursuant to State CEQA Guidelines Section 15061(b)(3), the “Common Sense” exemption.

ATTACHMENTS:

Attachment A – Resolution No. 22-10
Attachment B – CEQA Notice of Exemption

ATTACHMENT A
RESOLUTION NO. 22-10

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEBELLO,

CALIFORNIA, DIRECTING THE CITY MANAGER TO EXTEND THE

TEMPORARY OUTDOOR DINING PROGRAM AND DIRECT STAFF TO

RETURN TO CITY COUNCIL WITHIN ONE-YEAR WITH A PERMANENT

PROGRAM TO ALLOW RESTAURANTS TO UTILIZE ADJACENT

OUTDOOR AREAS TO SERVE FOOD AND DRINKS T O CUSTOMERS
PURSUANT TO A TEMPOR ARY OUTDOOR DINING P ERMIT; AND

ADOPTING A NOTICE OF EXEMPTION PURSUANT T O CEQA
SECTION 15061(B)(3) “COMMON SENSE EXEMPTION”

WHEREAS, On March 4, 2020, California Governor Gavin Newsom declared a State of Emergency due to the threat of the novel coronavirus (“COVID-19”); and

WHEREAS, COVID-19 is a respiratory disease that may result in serious illness or death and is easily transmissible from person to person and poses conditions of extreme peril to the public health and safety of persons; and

WHEREAS, on March 16, 2020, the Los Angeles County Department of Public Health issued a Health Order prohibiting all indoor and private gatherings and all outdoor public and private events of no more than 50 people; and

WHEREAS, COVID-19 has and will continue to cause conditions of peril to the health, safety and welfare of persons and property in the City of Montebello (the “City”); and

WHEREAS, on March 12, 2020 and subsequent action on March 16, 2020 the City Council of the City of Montebello (the “City Council”) adopted Resolution No. 20-22 proclaiming a local public health emergency to authorize the use of emergency powers in order to expand and expedite the City’s response to the serious health and safety risks associated with the spread of an outbreak caused by COVID-19; and

WHEREAS, preparing for, responding to, mitigating, and recovering from the spread of COVID -19 requires the City to divert resources from normal day -to-day operations, and has and will continue to impose extraordinary requirements on and expenses to the City; and

WHEREAS, the Los Angeles County Department of Public Health on March 19, 2020 issued a Health Order prohibiting all indoor and private gatherings and all outdoor public and private events of no more than 10 people; and limiting indoor restaurant services, but allowing food facilities that prepare and serve food to only drive- through, delivery, and take out services; and

WHEREAS, on May 29, 2020 the County of Los Angeles announced the State's approval of the County's plan to move further into "Stage 2" of the State's "Resiliency RESOLUTION NO. 22-10

Page 2 of 4 ends

Roadmap" which permitted restaurants to utilize the indoor dining areas subject to safety protocols and reduce occupancy; and

WHEREAS, on June 4, 2020, the City Manager in his role as the Director of Emergency Services was authorized to establish the City’s Temporary Outdoor Dining Program (“TOD Program”) to provide for the protection of life and property; and to further provide for the economic recovery of local eating establishments with indoor dining areas, to allow and encourage outdoor dining within the City; and

WHEREAS, the City intends to assist local restaurant businesses with their loss of seating capacity by continuing the TOD Program to allow temporary utilization of outdoor areas on public and private property to serve food and drinks to customers, subject to operational standards set by the County of Los Angeles Public Health Officer and City of Montebello; and

WHEREAS, the Program is necessary to assist local dine- in restaurants as they will not be able to achieve normal occupancy levels given physical distancing requirements and other modifications deemed necessary for public health; and

WHEREAS, when the State retired the Blueprint for a Safer Economy on June 15, 2021, Governor Newsom encouraged cities to continue with outdoor dining programs through the end of the State’s Emergency Order; and

WHEREAS, the TOD Program was continued until December 31, 2021; and

WHEREAS, on October 8, 2021, Governor Newsom signed SB 314, which allows current licensees with expanded outdoor dining premises under ABC’s emergency relief order to expand outdoor restaurant/bar seating with alcohol services on parklets, sidewalks, or parking lots; and

WHEREAS, many businesses have requested that the City’s outdoor dining program be extended into 2022, and staff and businesses see a continued dem and for outdoor dining activity.

NOW THEREFORE, the City Council of the City of Montebello hereby resolves that:

SECTION 1. The foregoing recitals are true and correct and are hereby incorporated as findings as a substantive part of this Resolution.

SECTION 2 . The City Manager is hereby authorized and directed to approve temporary, reasonable, guidelines to permit dining on public sidewalks and/or other public right-of-way, parking lot, setback or elsewhere not currently allowed under the Montebello Municipal Code and permitting process for the TOD Program as a direct result of the COVID-19 pandemic; provided that businesses would still be required to meet public, health and safety standards including the American with Disability Act (ADA).

RESOLUTION NO. 22-10

Page 3 of 4 ends

SECTION 3. The City Manager is authorized to retroactively extend the Temporary Outdoor Dining P rogram until December 31, 2022; unless extended further by City Council action.

SECTION 4. City Council direct staff to analyze the potential of establishing a long- term outdoor dining program and return to City Council within one-year of adoption of this Resolution.

SECTION 5. Adoption of a Notice of Exemption is hereby approved pursuant to Section 15061(b)(3) of the California Environmental Quality Act (“CEQA”) State Guidelines because the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment where it can be seen with certainty. It has been determined that continuation of the TOD Program will not have a significant effect on the environment.

SECTION 6. If any section, subsection, paragraph, sentence, clause, phrase, or portion thereof, of this Resolution is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council declares that it would have adopted this Resolution, and each section, subsection, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, phrases, or portions thereof, be declared invalid or unconstitutional. To this end, the provisions of this Resolution are dec lared to be severable.

SECTION 6. the City Clerk shall certify to the adoption of this Resolution which shall be effective upon its adoption.

APPROVED AND ADOPTED 23rd day of February 2022.

_______________________________
Kimberly A. Cobos-Cawthorne, Mayor

ATTEST:

________________________
Christopher Jimenez, City Clerk

APPROVED AS TO FORM:

__________________________________
Arnold M. Alvarez-Glasman, City Attorney

RESOLUTION NO. 22-10

Page 4 of 4 ends

I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Montebello at its meeting held on the 23rd day of February , 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________
Christopher Jimenez, City Clerk

ATTACHMENT B
City of Montebello 1
To:

County of Los Angeles
Registrar-Recorder/County Clerk
12400 Imperial Highway
Norwalk, CA 90650
From:

City of Montebello
Planning & Community Development Department
1600 W. Beverly Blvd.

Montebello, CA 90640

Lead Agency: City of Montebello Planning and Community Development Department Project Title: Temporary Outdoor Dining Program
Project Location: City of Montebello, California
Case Number(s): Resolution No. 22-10

Description of Nature, Purpose, and Beneficiaries of Project: The purpose of the project is to allow the extension of a temporary program while the City of Montebello analysis the potential of establishing a permanent outdoor dining program.

Name of the Public Agency Approving the Project: City of Montebello Name of Person or Agency Carrying Out the Project: City of Montebello

Exempt Status (check one)
Ministerial (Sec. 21080(b)(1); 15268(b)(3))
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Categorical Exemption. State type and section number:

Statutory Exemptions. State code or regulation number:

The “common sense” exemption, CEQA Guidelines § 15061 (b)(3)

Justification for Project Exemption:

The project is exempt under the “common sense” exemption because it does not involve the construction or alteration of facilities that will have a significant effect on the environment. The purpose of the project is to allow the extension of a temporary program while the City of Montebello analysis the potential of establishing a permanent outdoor dining program.

Because it can be seen with certainty that there is no possibility that this project will have a significant effect on the environment, the projec t is not subject to CEQA pursuant to State CEQA Guidelines Section 15061(b)(3), the “Common Sense” exemption.

Lead Agency Contact Person: Joseph Palombi, Director of Planning and Community Development

Area Code/Telephone/Extension: (323) 887-1200

If filed by applicant, attach certified document issued by the Planning and Community Development Department stating that the Department has found the project to be exempt.

Signature: ____________________________ Date: ______________ Title: _______________________

Signed by Lead Agency Signed by Applicant
ITEM #____

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: Michael Solorza, Director of Finance
Micah Herd, Sr. Management Analyst
SUBJECT: Approve Cooperative Agreement No. 3958 with Montebello Unified School District (MUSD) for Crossing Guard Services
DATE: February 23, 2022
RECOMMENDATIONS:

It is recommended that City Council take the following actions:
1) Approve Cooperative Agreement No. 3958 with the Montebello Unified School District (MUSD) for Crossing Guard Services allowing for reimbursement to the City of ten percent (10%) of actual costs of services; and 2) Authorize the City Manager to review and approve similar agreements in the future; and
3) Take such additional, related, action that may be desirable.

FISCAL IMPACTS
The City has established an agreement with A ll City Management Services (ACMS) to provide crossing guard services near school zones. A first amendment to the original agreement (#3452) with ACMS was recently approved by the City Council (August 11, 2021). MUSD has agreed to reimburse the City ten (10) percent of the annual cost for crossing guard services (i.e., paying the City for ten percent of the cost of the services).

The following is a summary of the annual amount paid to All City Management Services for the past four fiscal years and the projected amount for the current fiscal year, along with MUSD’s reimbursement amount they have paid to the City over the past four years:
11 CITY COUNCIL AGENDA REPORT – MEETING OF FEBRUARY 23, 2022 Approve Cooperative Agreement No. 3958 with Montebello Unified School District for Crossing Guard Services

Page 2 of 3 ends

Fiscal Year Amount MUSD Share
2021 – 22 $62,181 $6,218
2020 – 21* $0 $0
2019 – 20 $52,488 $5,248
2018 – 19 $48,087 $4,808
*No service charge was incurred due to school closures

BACKGROUND

In July 2018, the City released Request for Bids (RFP) No. 19 – 58, searching for a vendor to provide crossing guard services. Through this process, the City selected All City Management Services. All City Management Services commenced providing services during the following school year. As part of the City's agreement with ACMS, MUSD has agreed to pay ten (10) percent of the annual estimated expenditure total for crossing guard services. This amount is paid directly to the City.

DISCUSSION

For the City to receive reimbursement from MUSD for a share of the cost of crossing guard services, MUSD has requested that the City review and approve the attached cooperative agreement. The agreement provides specific terms and conditions that the City must adhere to and provides MUSD the necessary authority to issue payments under the normal invoicing process.

In addition to authorizing the City Manager to sign the attached agreement, it is requested that City Council authorize the City Manager to sign similar agreements in the future without City Council approval. The primary objective is to ensure that future agreements are executed quickly, and the process of cost recovery occurs sooner.

SUMMARY

The City of Montebello partners with the MUSD to provide crossing guard services to ensure students, school staff, partners, and authorized visitors are safe from hazards caused by vehicle traffic near school zones. The City has established a multi -year agreement with All-City Management Services for crossing guard services. As part of this agreement, MUSD reimburses the City ten (10) percent of the annual estimated total cost for services. MUSD requires that the City sign a cooperative agreement to receive this payment. Furthermore, staff requests the City Manager be authorized to approve any future agreements received related to the service to ensure timely execution and payment.

ATTACHMENT:

A. Cooperative Agreement No. 3958 – Montebello Unified School District/City of Montebello

AGREEMENT
The Montebello Unified School District (hereinafter “MUSD” or “District”), 123 South Montebello Boulevard, Montebello, California 90640, hereby enters into this agreement (“Agreement”) with the City of Montebello (hereinafter “City”), 1600 West Beverly Boulevard, Montebello, California 90640.

This Agreement is made and entered into this 2nd day of March, 2022 by and between the Montebello Unified School District and the City of Montebello.

1. Term: The D istrict, commencing July 1, 2021 , hereby engages the City to provide the referenced services through June 30, 2022.

2. Description of Service(s): The District recognizes that the City engages All City Management Services (ACMS) to provide crossing guard services for students attending schools in the City of Montebello, and the City recognizes its duty to monitor all crossing guards for compliance during the term hereof. The City shall conduct comprehensive background checks of ACMS’ directors, officers, agents, and employees who will be engaged in providing crossing guard services for the students of the District within the City’s boundaries, in compliance with the require ments described in Education Code Section 45125.1. The City, upon request of the District, shall provide the District copies of all Live Scan or other Department of Justice background check of ACMES directors, officers, agents, or employees engaged in crossing guard services in the City.

3. Compensation: The District shall pay the City the amount not-to-exceed six thousand two hundred eighteen dollars and ten cents ($6,218.1 0) to help defray costs associated with the provision of the services described in Section 2, as well as responding upon request for monitoring.

Unless special arrangement are made with the District Superintendent or designee, payment terms are net thirty (30) day, after services(s) or receipt of the invoice, whichever occurs later. Invoices will be provided to the District no later than sixty (60) calendar days after the completion of the service. The City agrees to provide final fiscal year billing [for services no later than July 10, (for services up to and including J une 30] to assure timely reimbursement at the closure of the fiscal year.

4. Cooperation: In order to facilitate the performance of services herein, the City agrees that it shall direct ACMS to assist and cooperate with all District agents, employees and of ficers. The District agrees that it shall assist and cooperate with all City agents, employees and officers.

5. Control: The rendition of all services performed hereunder, the standard of performance and other matters incidental to the performance of such services, and the control of personnel so employed, shall remain with the City and ACMS. In the event of dispute between the parties as to the extent of the duties and functions to be rendered hereunder, or the manner of performance of such services, the City shall determine the duties, function, and scope to be rendered.

6. Independent Contractor: The District has not formed an agency, employment or partnership relationship with the City, an independent public agency. District represents, and City recognizes, that the District does not provide any benefits or rights arising under disability or unemployment

ATTACHMENT A
COOPERATIVE AGREEMENT NO. 3958
insurance, workers’ compensation, medical insurance, sick leave or any other employment benefits to City, including any related to ACMS’s agents or employees. Also, the City agrees to require ACMS to provide workers’ compensation insurance for related agents and employees and agrees to hold armless and indemnify the District for any and all claims arising out of any injury, disability or death of any of said employees or agents.

7. Hold Harmless: The City, at its or ACMS’s expense, cost and risk, shall defend any and all actions, suits or other proceedings that may be brought or instituted against the District, its officers, agents, or employees on any such claim, demand, or liability arising from the City’s negligent performance under this, and shall pay or satisfy any judgement that may be rendered against th e District, its officers, agents or employees in any action, suit, or proceedings as result thereof.

8. Assignment: Neither this Agreement nor any duties or obligations herein may be assigned by the City without the prior, written consent of the .

9. Indemnification: The City agrees to indemnify, defend, and hold the District free and harmless from all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, attorneys’ fees and costs, that the District may incur if the Agreement is breached by the City, or the City or ACMS engages in any negligent or tortious conduct.

10. Termination: Either party, at any time and for any reason, with our without cause, may give no less than ten (10) calendar days written notice of termination to the other party. District shall compensate the City only for the services rendered to the date of termination. The notice, after the day of mailing and three days, shall be deemed received.

11. Merger: This Agreement supersedes any and all agreements, either oral or written, between the parties with respect to the renewing of services by the City for the District and contains all of the agreements, covenants and representations. Each party to this Agreement acknowledges that no representations, inducements, promises or statements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not contained in this Agreement, and that no other agreement, statement or promise not contained herein shall be binding or valid. This Agreement may be amended or modified only in writing, and then only upon mutual execution by each party.

12. Arbitration: Any controversy or claim arising out of or relating to this Agreement or breach hereof will be settled by arbitration in accordance with the rules of the American Arbitration Association as administered by Endispute/JAMS, subject to the mutual selection of a mutual; and, an arbitrator’s award may be confirmed by a court with jurisdiction to enter judgement thereon.

13. Attorney’s Fees: In the event a suit should be brought for any sum due hereunder, or to interpret or enforce any provision of this Agreement, the parties shall each bear their own attorneys’ fees and costs.

14. Waiver: No waiver of any breach of any provision of this Agreement by either party shall constitute a waiver of any other breach of such provision. Failure of either party to enforce at any time, or from time to time, any provision of this Agreement shall not be construed as a waiver thereof. The remedies herein reserved shall be cumulative and additional to any other remedies in law or equity.

IN WITNESS WHEREOF, the board of education of the Montebello Unified School District as authorized this Agreement to be executed by Board Authorized signatures.

Date of Board Meeting: March 2, 2022

___________________________________________________
Mark Skvarna, Interim Superintendent of Schools

CITY OF MONTEBELLO

By: ___________________________________
Rene Bobadilla, City Manager

By: ___________________________________
Brad Keller, Chief of Police

APPROVED AS TO FORM

By: ___________________________________
Arnold M. Alvarez-Glasman

ITEM #____

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: Michael Solorza, Director of Finance
SUBJECT: Adopt Resolution No. 22-11 Opposing a State Ballot Measure Restricting Voters’ Input and Local Taxing Authority
DATE: February 23, 2022
RECOMMENDATIONS:

It is recommended that the City Council:
1) Adopt Resolution No. 22-11 opposing Initiative 21- 0042A1, also known as the “Taxpayer Protection and Government Accountability Act;” and 2) Take such additional, related, action that may be desirable.

FISCAL IMPACT
There is no fiscal impact associated with the recommended actions.

BACKGROUND
In 2018, the “Tax Fairness, Transparency and Accountability Act” or AG# 17-0050 Amdt. #1, was circulated to qualify for the November 2018 ballot. This initiative would have drastically limited local revenue authority. Through the successful work and advocacy of the League of California Cities and its coalition partners, the measure’s proponents, the California Business Roundtable (CBRT), withdrew the initiative from the ballot in June 2018.

On January 4, 2022, CBRT filed the “Taxpayer Protection and Government Accountability Act” or Initiative 21-0042A1. This measure is far more detrimental to cities than the measure filed in 2018, because it would decimate vital local and state services to the benefit of wealthy corporations. Below are highlights of clauses in the initiative that would provide tax loopholes for wealthy corporations while jeopardizing local public agencies’ ability to fund critical services and infrastructure needs:
12 CITY COUNCIL AGENDA REPORT – MEETING OF FEBRUARY 23, 2022 Adopt Resolution No. 22-11 Opposing a State Ballot Measure Restricting Voters’ Input and Local Taxing Authority

Page 2 of 2 ends

 Gives wealth y corporations a major loophole to avoid paying th eir fair share – forcing local residents and taxpayers to pay more
 Allows corporations to dodge enforcement when they violate environmental, health, public safety and other laws
 Jeopardizes vital local and state services
 Opens the door for frivolous law suits
 Undermines voter rights, transparency and accountability

The attached briefing from the League of California Cities (Attachment B) provides additional information on why this initiative must be defeated. Attachment C from the League’s fiscal consultant Michael Coleman provides an in -depth analysis of the detrimental financial impacts should this initiative prevail.

During its December 23, 2021 meeting, the League of California Cities Board of Directors voted unanimou sly to oppose Initiative 21-0042A1. Following the Board’s unanimous decision, a coalition of public safety, labor, local government and infrastructure advocates have joined together to fight against this measure. So far, locally the cities of Bell Gardens and Artesia have passed resolutions opposing this dangerous ballot initiative.

With the State Attorney General set to release the Title and Summary soon of this initiative, the coalition announced their opposition in a media release. The proponents (i.e., CBRT) will need to subm it nearly one million signatures in order to qualify this initiative for the November 2022 ballot . The Secretary of State’s recommended date to turn in signatures is only three months away, April 29, 2022 , which is why a strong opposition must be mounted immediately.

Passage of the attached Resolution (Attachment A) indicates the City of Montebello’s opposition to this initiative and its support for local control of revenues.

SUMMARY

The “Taxpayer Protection and Government Accountability Act” - Initiative No. 21-0042A1 limits the voters’ input, adopts new and stricter rules for raising taxes and fees, and makes it more difficult to hold state and local law violators accountable. The City Council is being asked to approve a resolution indicating the City’s opposition to this initiative and showing support for the broad coalition of public safety, labor and infrastructure advocates.

ATTACHMENTS:

A. Resolution No. 22-11
B. League of California Cities Briefing Summary
C. League of California Cities / Michael Coleman Fiscal Briefing

ATTACHMENT A

RESOLUTION NO. 22-11

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEBELLO OPPOSING INITIATIVE 21-0042A1, ALSO KNOWN AS THE “TAXPAYER PROTECTION AND GOVERNMENT ACCOUNTABILITY ACT”

WHEREAS, an association representing California’s wealthiest corporations is behind a deceptive proposition aimed for the November 2022 statewide ballot; and

WHEREAS, the measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure, our environment, water quality, air quality, and natural resources; and

WHEREAS, the measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund l ocal services and infrastructure, and would limit voter input by prohibiting local advisory measures where voters provide direction on how they want their local tax dollars spent; and

WHEREAS, the measure makes it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods; and

WHEREAS, the measure puts billions of dollars currently dedicated to state and local services at risk, and could force cuts to public schools, fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more; and

WHEREAS, the measure would als o reduce funding for critical infrastructure like streets and roads, public transportation, drinking water, new schools, sanitation, and utilities.

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

SECTION 1. The City of Montebello opposes Initiative 21-0042A1, also known as the “Taxpayer Protection and Accountability Act.”

SECTION 2. The City of Montebello will join the “NO on Initiative 21-0042A1 coalition,” a growing coalition of public safety, labor, local government, infrastructure advocates, and other organizations throughout the state.

SECTION 3 . The City Clerk shall certify to the passage and adoption of this resolution, which shall become effective immediately upon adoption.

PASSED, APPROVED and ADOPTED this 23rd day of February, 2022.

_______________________________
Kimberly A. Cobos-Cawthorne, Mayor

ATTEST: APPROVED AS TO FORM:

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

RESOLUTION NO. 22-11

Page 2 of 2 ends

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. 21-11 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeti ng of said Council held on the 23 rd day of February
2022 and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

_______________________________
Christopher Jimenez, City Clerk

Stop the Corporate Loopholes Scheme
Deceptive Proposition Allows Major Corporations to Avoid Paying their Fair Share and Evade Enforcement when they Violate Environmental, Health & Safety Laws An association representing California’s wealthiest corporations — including oil, insurance, banks and drug companies — is behind a deceptive proposition aimed for the November 2022 statewide ballot. Their measure would create major new loopholes that allow corporations to avoid paying their fair share for the impacts they have on our communities; while also allowing corporations to evade enforcement when they violate environmental, health, safety and other state and local laws. Here’s why a broad coalition of local governments, labor and public safety leaders, infrastructure advocates, and businesses oppose the Corporate Loophole Scheme:

Gives Wealthy Corporations a Major Loophole to Avoid Paying their Fair Share - Forcing Local Residents and Taxpayers to Pay More • The measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, i
ncluding local infrastructure, our environment, water quality, air quality, and natural resources – shifting the burden and making individual taxpayers pay more.

Allows Corporations to Dodge Enforcement When They Violate Environmental, Health, Public Safety and Other Laws
• The deceptive scheme creates new loopholes that makes it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods.

Jeopardizes Vital Local and State Services
• This far-reaching measure puts at risk billions of dollars currently dedicated to critical state and local services.
• It could force cuts to public schools, fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services and more. • It would also reduce funding for critical infrastructure like streets and roads, public transportation, drinking water, new schools, sanitation, utilities and more.

Opens the Door for Frivolous Lawsuits, Bureaucracy and Red Tape that Will Cost Taxpayers and Hurt Our Communities
• The measure will encourage frivolous lawsuits, bureaucracy and red tape that will cost local taxpayers millions — while significantly delaying and stopping investments in infrastructure and vital services.

ATTACHMENT B

Undermines Voter Rights, Transparency, and Accountability • This misleading measure changes our constitution to make it more difficult for local voters to pass measures needed to fund local services and local infrastructure.
• It also includes a hidden provision that would retroactively cancel measures that were passed by local voters — effectively undermining the rights of voters to decide for themselves what their communities need.
• It would limit voter input by prohibiting local advisory measures, where voters provide direction to politicians on how they want their local tax dollars spent.

CaliforniaCityFinance.Com
Fiscal and Program Effects of
Initiative 21-0042A1 on Local Governments
If Initiative 21-0042A1 is placed on the ballot and passed by voters, it will result in:
 Billions of local government fee and charge revenues placed at heightened legal peril. Related public service reductions across virtually every aspect of city, county, special district, and school services especially for transportation, and public facility use.  Hundreds of millions of dollars of annual revenues from dozens of tax and bond measures approved by voters between January 1, 2022 and November 9, 2022 subject to additional voter approval if not in co
mpliance with the initiative.

Indeterminable legal and administrative burdens and costs on local government from new and more empo
wered legal challenges, and bureaucratic cost tracking requirements.  The delay and deterrence of municipal annexations and associated impacts on housing and commercial dev
elopment.
 Service and infrastructure impacts including in fire and emergency response, law enforcement, public health, drinking water, sewer sanitation, parks, libraries, public schools, affordable housing, homelessness prevention and mental health services.

1. Local Government Taxes and S ervices Threatened
With regard to taxes, Initiative 21-0042A1:
 Prohibits advisory, non-binding measures as to use of tax proceeds on the same ballot. o
Voters may be less informed and more likely to vote against measures. 
Eliminates the ability of special tax measures proposed by citizen initiative to be enacted by majority voter approval (Upland).
o Because the case law regarding citizen initiative special taxes approved by majority vote (Upland) is so recent, it is unknown how common these sorts of measures might be in the future. This initiative would prohibit such measures after the effective date of the initiative. Any such measures adopted after January 1, 2022 through November 8, 2022 would be void after Nov
ember 9, 2023.
 Requires that tax measures include a specific duration of time that the tax will be imposed. This seems to r
equire that all tax increases or extensions contain a sunset (end date). o This would require additional tax measures to extend previously approved taxes at additional cos t to tax
payers.

Requires that a tax or bond measure adopted after January 1, 2022 and before the effective date of the initiative (November 9, 2022) that was not adopted in accordance with the measure be readopted in compliance with the measure or will be void twelve months after the effective date of the initiative (
November 9, 2023).
o If past election patterns are an indication, dozens of tax and bond measures approving hundreds of millions of annual revenues may not be in compliance and would be subject to reenactment.

Mos
t will be taxes without a specific end date. Because there is no regularly scheduled electi on with
in the 12 months following the effective date of the initiative, measures not in compliance woul
d need to be placed on a special election ballot for approval before November 9, 2023 or the tax will be void after that date. General tax measures would require declaration of emergency and unanimous vote of the governing board.
2217 Isle Royale Lane • Davis, CA • 95616-6616
Phone: 530.758.3952 • Fax: 530.758.3952
Rev. January 7, 2022

ATTACHMENT C
– 2 – r e v J a n u a r y 7 , 2 0 2 2

CaliforniaCityFinance.com
 Requires voter approval to expand an existing tax to new terri tory (annexations). This would require additional tax measures and would deter annexations and land de velopment in cities. o If a tax is "extended" to an annexed area without a vote after January 1, 2022, it will be void 12 months later until brought into compliance. Because there is no regularly scheduled election within the 12 months following the effective date of the initiative, such extensions for general taxes would, under current law, each require unanimous vote of the agency board to be placed on a special election ballot or would be void after November 9, 20 23.

1.a. Number of Measures and Value of Local Taxes at Risk 1 In 2020, voters in California approved 293 local tax and bond m easures for cities, counties, special districts and schools (95 in March and 198 in November). The approved measures enacted $3.85 billion in new annual taxes including $1.3 billion for cities, $302 mil lion for counties, $208 million for special districts (fire, wastewater, open space and transit districts), and $2.037 billion for schools (including for school bonds).

Most tax measures go to the ballot during a presidential or gub ernatorial primary or general election in an even year. However, some tax measures are decided at other times. During 2019, there were 45 approved tax and bond measures (24 city, 14 special district, 7 school) adopting $154.0 million in new annual taxes ($124.0 million city, $10.5 million special district and $19.2 million school).

Most tax and bond measures comply with the new rules in Initiat ive 21-0042Amdt#1 except:
 Dozens of taxes would require end dates. This would require ad ditional measures in future years to extend the taxes further. Very few extensions of existing local taxes fail.  Majority vote general tax measures could not be accompanied on the same ballot with an advisory, non-binding measure as to use of tax proceeds.  Special taxes placed on the ballot via citizen initiative woul d require two-thirds voter approval.

Bond measures have fixed terms. Historically, about 20 percent of other tax measures have included specific durations (i.e. sunsets). Advisory measures as to use of revenues are uncommon. I do not expect the provisions of 21-0042A1 to have any substantial effect on passage rates. However, some 2022 approved measures would likely have to put back on the ballot.

Based on history, a reasonable estimate of the annualized tax revenues estimated to be approved by

1 Source: Compilation and summary of data from County elections offices.

– 3 – r e v J a n u a r y 7 , 2 0 2 2

CaliforniaCityFinance.com
voters in 2022 and placed at risk by this initiative is at least $1.5 billion, including $1.0 billion from cities and $500 million from counties and special districts.2

1.b. Additional Costs and Public Service Effects of the Tax Provisions In addition to service delays and disruption due to new tax revenues placed at greater legal risk, there will be substantial additional costs for legal defense. The deterrence of taxes for annexations will delay and deter municipal annexations.

2. “Exempt Charges” (fees and charges that are not taxes) and Services Threatened With regard to fees and charges adopted after January 1, 2022, Initiative 21-0042A1:
 Subjects new fees and charges for a product or service to a ne w "actual cost” test defined as “(i) the minimum amount necessary to reimburse the government for the cost of providing the service to the payor, and (ii) where the amount charged is not used by the government for any purpose other than reimbursing that cost. In addition, subjects these same charges to a new, undefined, “reasonable” standard.
 Subjects fees and charges for entrance to local government pro perty; and rental and sale of local government property to a new, undefined, “reasonable” test.  Subjects a challenged fee or charge to new, higher burdens of proof if legally challenged.  Prohibits a levy, charge or exaction regulating or related to vehicle miles traveled, imposed as a condition of property development or occupancy.

2.a. Value on New Local Government Fees and Charges at Risk3 Virtually every city, county, and special district must regularly (e.g., annually) adopt increases to fee rates and charges and revise rate schedules to accommodate new users and activities. Most of these would be subject to new standards and limitations under threat of legal challenge. Based on the current volume of fees and charges imposed by local agencies and increases in those fees simply to accommodate inflation, the amount of local government fee and charge revenue placed at risk is about $1 billion per year including those adopted since January 1, 2022. Of this $1 billion, about $570 million is for special districts, $450 million is cities, and $260 million is counties.4
Major examples of affected fees and charges are:

1. Nuisance abatement charges - such as for weed, rubbish and g eneral nuisance abatement to fund community safety, code enforcement, and neighborhood cleanup programs.

2. Commercial franchise fees.

3. Emergency response fees - such as in connection with DUI.

4. Advanced Life Support (ALS) transport charges.

5. Document processing and duplication fees.

6. Transit fees, tolls, parking f ees, public airport and harbor use fees.

7. Facility use charges, fees for parks and recreation services , garbage disposal tipping fees.

In addition to fees and charges, the measure puts fines and penalties assessed for the violation of state and

2 This does not include citizen initiative special tax approved by majority but not two-thirds. Because this approach is new, th e number of these measures and amount of revenue involved cannot be estimated. 3 Source: California State Controller Annual Reports of Financial Transactions concerning cities, counties and special districts , summarized with an assumed growth due to fee rate increases (not population) of 2 percent annually. 4 School fees are also affected but the amount is negligible by comparison. – 4 – r e v J a n u a r y 7 , 2 0 2 2

CaliforniaCityFinance.com
local law at risk, making them taxes subject to voter approval under certain circumstances.

2.b. Additional Costs and Public Service Effects of the Fee/Charge Provisions In addition to service delays and disruptions due to fee and charge revenues placed at greater legal risk, there would be substantial additional costs for legal defense. The risk to fees and charges will make infrastructure financing more difficult and will deter new residential and commercial development.

***********
mc
ITEM NO. 13
RE
SOLUTION NO. 22-09
A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEBELLO

APPROVING AND ALLOWING CERTAIN CLAIMS AND DEMANDS
NOW
, THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO HEREBY RESOLVES, FINDS, AND DECLARES AS FOLLOWS:

SECTION 1. That the reference is hereby made to that certain Register of Audited Demand No.1525, consisting of 9 pages, and including:

War rant No.

G
eneral: Checks No.595365 through; 595513
ACH No. 1591 through; 1669
Successor Agency: Check No. 1488
On fi
le in the office of the City Clerk, the same having been audited and approved by the Deputy Director of Finance as required by law.

SECTIO N 2. That the said City Council having examined each such demand does hereby approve and direct the payment of same, as set forth in said Register, except the following Warrant No.
______________________________
______________________________
______________________________
SECTION 3. T hat the City Clerk shall certif y to the passage and adoption of this Resolution and that the same shall be in full force and effect.

AP
PROVED AND ADOPTED this 23RD day of February 2022.
______
_________________________
Kimberly A. Cobos-Cawthorne, Mayor
AT
TEST: APPROVED AS TO FORM:
______
_________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney RESOLUTION NO. 22-09

Page 2 of 2 ends

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 th e foregoing Resolution No. 22-09 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meet ing of said Council held on the 23 rd day of February
2022 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

WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR
#

VENDOR NAME
4331 - General Account
1591 02/03/2022 $2,742.17 ADVERTISING/PRINTING SERVICES 3163 BANK OF AMERICA 1592 02/03/2022 $241.40 MAIL/ POSTAL EXPENSE 3163 BANK OF AMERICA 1593 02/03/2022 $4,592.51 SUPPLIES 3163 BANK OF AMERICA 1594 02/03/2022 $111.05 ADVERTISING/PRINTING SERVICES 3163 BANK OF AMERICA 1595 02/03/2022 $845.37 SUPPLIES 3163 BANK OF AMERICA
1596 02/03/2022 $90.17 SUPPLIES 3163 BANK OF AMERICA
1597 02/03/2022 $470.00 TRAINING 3163 BANK OF AMERICA
1598 02/03/2022 $724.58 SUPPLIES 3163 BANK OF AMERICA
1599 02/03/2022 $3,597.36 TRAVEL & MEETINGS 3163 BANK OF AMERICA 1600 02/03/2022 $936.42 SUPPLIES 3163 BANK OF AMERICA
1601 02/03/2022 $3,278.33 SUPPLIES 3163 BANK OF AMERICA 1602 02/03/2022 $644.13 TRAINING 3163 BANK OF AMERICA
1603 02/03/2022 $8,457.24 CONTRACT SERVICES 2689 ACRO PRINTING INC 1604 02/03/2022 $68,411.00 CONTRACT SERVICES 37720 ADVANCED APPLIED ENGINEERING INC 1605 02/03/2022 $728.10 SUPPLIES 2586 AMAZON CAPITAL SERVICES INC 1606 02/03/2022 $2,024.20 SUPPLIES 62880 AMERICAN MARKER 1607 02/03/2022 $39,706.61 CONTRACT SERVICES 3016 ANTARES GOLF LLC 1608 02/03/2022 $1,625.53 BUILDING IMPROVEMENTS 3780 JACOB CASTILLO 1609 02/03/2022 $998.80 SUPPLIES 2455 THE ILLINI COMPANIES INC 1610 02/03/2022 $1,100.00 CONTRACT SERVICES 71920 TOYETTA L BEUKES 1611 02/03/2022 $11,182.42 CONTRACT SERVICES 1175 GRAPHIC ELECTRIC INC 1612 02/03/2022 $30,687.48 MACHINERY & EQUIPMENTS 2793 IBE DIGITAL 1613 02/03/2022 $29.04 MAIL/ POSTAL EXPENSE 2704 JACQUELINE JAUREGUI 1614 02/03/2022 $2,847.50 CONTRACT SERVICES 16760 LIEBERT CASSIDY WHITMORE 1615 02/03/2022 $640.00 CONTRACT SERVICES 19250 N/S CORPORATION 1616 02/03/2022 $38,378.68 CONTRACT SERVICES 35250 NATIONWIDE ENVIRONMENTAL SERVICES 1617 02/03/2022 $35,960.39 FUEL INVENTORY 1059 AMBER RESOURCES LLC City of Montebello
Register of Demands No. 1525
From Payment Date: 02/03/22 - To Payment Date: 02/10/22

Page 1 ends

WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR
#

VENDOR NAME
City of Montebello
Register of Demands No. 1525
From Payment Date: 02/03/22 - To Payment Date: 02/10/22 1618 02/03/2022 $10.00 RECREATION CLASSES 3211 JESSICA SERRANO 1619 02/03/2022 $2,750.36 SUPPLIES 31270 STARBOARD TACK SUPPLY INC 1620 02/03/2022 $2,420.50 CONTRACT SERVICES 183 WECK LABORATORIES ENVIRONMENTAL SERVICES INC 1621 02/03/2022 $975.05 SUPPLIES 3163 BANK OF AMERICA
1622 02/03/2022 $861.10 SUPPLIES 3163 BANK OF AMERICA
1623 02/03/2022 $1,230.00 TRAINING 3163 BANK OF AMERICA 1624 02/03/2022 $60.00 TRAINING 3163 BANK OF AMERICA
1625 02/03/2022 $190.00 SUPPLIES 3163 BANK OF AMERICA
1626 02/03/2022 $478.23 SUPPLIES 3163 BANK OF AMERICA
1627 02/03/2022 $2,249.11 SUPPLIES 3163 BANK OF AMERICA 1628 02/03/2022 $2,533.41 SUPPLIES 3163 BANK OF AMERICA 1629 02/03/2022 $1,203.43 SUPPLIES 3163 BANK OF AMERICA 1630 02/10/2022 $5,834.40 SALES TAX LIABILITY 2307 CALIF DEPT OF TAX AND FEE ADMINISTRATION 1631 02/10/2022 $125,000.00 SETTLEMENTS 69730 DE LAGE LANDEN FINANCIAL SERVICES INC 1632 02/10/2022 $17.62 MACHINERY & EQUIPMENTS 3163 BANK OF AMERICA 1633 02/10/2022 $97.95 MAIL/ POSTAL EXPENSE 3163 BANK OF AMERICA 1634 02/10/2022 $8,040.50 SUPPLIES 3163 BANK OF AMERICA 1635 02/10/2022 $1,421.00 CONTRACT SERVICES 37720 ADVANCED APPLIED ENGINEERING INC 1636 02/10/2022 $528.50 VEHICLE MAINTENANCE/EXPENSES 269 ADVANCED ELECTRONICS SOLUTIONS INC 1637 02/10/2022 $74,337.93 CONTRACT SERVICES 16120 ALVAREZ-GLASMAN & COLVIN 1638 02/10/2022 $3,160.35 SUPPLIES 2586 AMAZON CAPITAL SERVICES INC 1639 02/10/2022 $512.13 VEHICLE MAINTENANCE/EXPENSES 47980 AMERICAN MOVING PARTS 1640 02/10/2022 $40.00 CARPOOL INCENTIVE 289 ANDREA ANDRADE 1641 02/10/2022 $40.00 CARPOOL INCENTIVE 61470 ERIKA L ANDRADE 1642 02/10/2022 $34,677.12 CONTRACT SERVICES 3016 ANTARES GOLF LLC 1643 02/10/2022 $334,594.40 CONTRACT SERVICES 40970 ARAKELIAN ENTERPRISES 1644 02/10/2022 $4,429.44 CONTRACT SERVICES 1237 AZTECA LANDSCAPE 1645 02/10/2022 $40.00 CARPOOL INCENTIVE 17880 ANI CHUKHURYAN

Page 2 ends

WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR
#

VENDOR NAME
City of Montebello
Register of Demands No. 1525
From Payment Date: 02/03/22 - To Payment Date: 02/10/22 1646 02/10/2022 $10,576.21 SUPPLIES 10000 CLEAN SWEEP SUPPLY CO INC 1647 02/10/2022 $23,560.00 CONTRACT SERVICES 3025 COMPLETE LANDSCAPE CARE INC 1648 02/10/2022 $1,682.53 SUPPLIES 70920 DECALS BY DESIGN INC 1649 02/10/2022 $60.00 CONTRACT SERVICES 23660 DAIOHS USA 1650 02/10/2022 $37,370.34 MACHINERY & EQUIPMENTS 2654 GOLDEN STAR TECHNOLOGY INC 1651 02/10/2022 $40.00 CARPOOL INCENTIVE 3123 NEIRA YESSIE GRANADOS 1652 02/10/2022 $45,128.00 COPIER REPAIR/SERVICES 2793 IBE DIGITAL 1653 02/10/2022 $7,744.07 CONTRACT SERVICES 2152 JOHNSON CONTROLS INC 1654 02/10/2022 $331.88 SUPPLIES 1938 P & R PAPER SUPPLY COMPANY INC 1655 02/10/2022 $38,484.00 CONTRACT SERVICES 42180 PCAM LLC 1656 02/10/2022 $3,750.00 CONTRACT SERVICES 3147 PMC PLUMBING INC 1657 02/10/2022 $425.00 CONTRACT SERVICES 3285 DIANA E RAMIREZ 1658 02/10/2022 $73.38 VEHICLE MAINTENANCE/EXPENSES 1120 BLUETRITON BRANDS INC 1659 02/10/2022 $1,350.00 CONTRACT SERVICES 2874 RPW SERVICES INC 1660 02/10/2022 $21,051.43 CONTRACT SERVICES 2787 S & S LABARGE GOLF INCORPORATED 1661 02/10/2022 $27.99 SUPPLIES 33960 DAVID SOSNOWSKI
1662 02/10/2022 $59.83 SUPPLIES 31270 STARBOARD TACK SUPPLY INC 1663 02/10/2022 $3,090.00 CONTRACT SERVICES 217 TRACKIT LLC 1664 02/10/2022 $30,000.00 CONTRACT SERVICES 3133 ULTIMATE MAINTENANCE SERVICE 1665 02/10/2022 $92.15 CONTRACT SERVICES 3140 WEX HEALTH INC 1666 02/10/2022 $40.00 CARPOOL INCENTIVE 59960 JO ANN PANOSIAN 1667 02/10/2022 $40.00 CARPOOL INCENTIVE 69960 NICOLE I SAUCEDO 1668 02/10/2022 $30.00 CARPOOL INCENTIVE 3432 JOSEPHINE SERRANO 1669 02/10/2022 $40.00 CARPOOL INCENTIVE 24280 MARTIN SOLANO ACH TOTAL $1,093,829.82
595365 02/03/2022 $7,566.80 AFLAC OTHER 55860 AFLAC
595366 02/03/2022 $787.49 UTILITY SERVICES 2257 AIRESPRING INC

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WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR
#

VENDOR NAME
City of Montebello
Register of Demands No. 1525
From Payment Date: 02/03/22 - To Payment Date: 02/10/22 595367 02/03/2022 $370.88 CONTRACTORS 3484 RONEN ALTIT
595368 02/03/2022 $548.85 UTILITY SERVICES 38380 AT&T
595369 02/03/2022 $1,380.82 UTILITY SERVICES 39550 AT&T 595370 02/03/2022 $11,127.43 CONTRACT SERVICES 16710 ATKINSON ANDELSON LOYA RUUD & ROMO 595371 02/03/2022 $1,150.00 TRAINING 40510 BEHAVIORAL ANALYSIS TRAINING INC 595372 02/03/2022 $374.81 CONTRACTORS 3485 CA PERMITS
595373 02/03/2022 $1,730.03 UTILITY SERVICES 47580 CALIFORNIA WATER SERVICE COMPANY 595374 02/03/2022 $250.25 CONTRACT SERVICES 40850 MARIA E CASAS 595375 02/03/2022 $5.00 RECREATION CLASSES 3472 NORMA CASTRO 595376 02/03/2022 $250.00 GENERAL GOVERNMENT 3475 SONIA CHAVEZ 595377 02/03/2022 $10.00 RECREATION CLASSES 3478 ELIZABETH CONTRERAS 595378 02/03/2022 $175.00 CONTRACT SERVICES 2759 D F POLYGRAPH 595379 02/03/2022 $850.08 PERMITS AND FEES 72580 LOS ANGELES COUNTY DEPARTMENT OF PUBLIC HEALTH 595380 02/03/2022 $15.00 RECREATION CLASSES 2009 CYNTHIA DIETZE 595381 02/03/2022 $197.05 CONTRACT SERVICES 3334 EAGLE PORTABLES SANITATION LLC 595382 02/03/2022 $16,800.00 CONTRACT SERVICES 2222 ELEVATOR SUPPORT SERVICES INC 595383 02/03/2022 $9,500.00 CONTRACT SERVICES 1168 EVERBRIDGE INC 595384 02/03/2022 $321.17 MAIL/ POSTAL EXPENSE 22400 FEDERAL EXPRESS CORPORATION 595385 02/03/2022 $4,460.63 VEHICLE MAINTENANCE/EXPENSES 29160 FORD OF MONTEBELLO 595386 02/03/2022 $20,000.00 BUILDING IMPROVEMENTS 2861 JOSE L GARCIA 595387 02/03/2022 $2,947.05 SUPPLIES 12 GEIGER BROS
595388 02/03/2022 $15.00 RECREATION CLASSES 3473 LESLIE GOODYEAR 595389 02/03/2022 $1,916.42 MISCELLANEOUS EXPENSE 48400 HOME DEPOT CREDIT SERVICES 595390 02/03/2022 $190.00 DUES & SUBSCRIPTIONS 8330 INTERNATIONAL ASSOCIATION OF 595391 02/03/2022 $1,150.00 CONTRACT SERVICES 2942 JAIROS PLUMBING INC 595392 02/03/2022 $40.00 CARPOOL INCENTIVE 3141 JAYLENNE VALLEJO 595393 02/03/2022 $13,095.00 CONTRACT SERVICES 3044 KAIZER RANGWALA 595394 02/03/2022 $2,031.25 PREPAID EXPENSES 43680 JJ KELLER & ASSOCIATES INC

Page 4 ends

WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR
#

VENDOR NAME
City of Montebello
Register of Demands No. 1525
From Payment Date: 02/03/22 - To Payment Date: 02/10/22 595395 02/03/2022 $1,003.75 CONTRACT SERVICES 3138 KITTELSON & ASSOCIATES INC 595396 02/03/2022 $2,697.00 CONTRACT SERVICES 2156 LEED ELECTRIC INC 595397 02/03/2022 $120.00 PARKS AND RECREATION 3477 EUDIELIA LOPEZ 595398 02/03/2022 $45.00 RECREATION CLASSES 3486 ISEL LORENZO 595399 02/03/2022 $48.00 DUES & SUBSCRIPTIONS 9200 LOS ANGELES COUNTY ASSESSOR OFFICE 595400 02/03/2022 $616.56 CONTRACT SERVICES 37280 LOS ANGELES COUNTY SHERIFF'S DEPARTMENT 595401 02/03/2022 $559.90 CONTRACT SERVICES 1627 KEITH S HOLLAND 595402 02/03/2022 $7,604.47 CONTRACT SERVICES 110 MICHELIN NORTH AMERICA INC 595403 02/03/2022 $472.68 CONTRACT SERVICES 74640 MISSION LINEN SUPPLY 595404 02/03/2022 $15,000.00 CDBG-CV 97 MONTEBELLO-COMMERCE YMCA 595405 02/03/2022 $10.00 RECREATION CLASSES 3470 AZUCENA MORENO 595406 02/03/2022 $4,054.48 VEHICLE MAINTENANCE/EXPENSES 2480 SOCAL AUTO & TRUCK PARTS INC 595407 02/03/2022 $8,950.00 CONTRACT SERVICES 3390 NATIONAL PLANT SERVICES INC 595408 02/03/2022 $68,590.85 IMPROVEMENTS OTHER THAN BUILDING 3399 NCM ENGINEERING CORP 595409 02/03/2022 $5.00 RECREATION CLASSES 3471 DAVID ORTEGA 595410 02/03/2022 $1,850.00 TRAINING 51460 RIO HONDO COMMUNITY COLLEGE 595411 02/03/2022 $240.00 TRAINING 47640 RIVERSIDE COUNTY SHERIFFS DEPARTMENT 595412 02/03/2022 $20.00 RECREATION CLASSES 3474 CORAL ROMERO 595413 02/03/2022 $215.00 TRAINING 24500 SAN BERNARDINO SHERIFFS DEPT 595414 02/03/2022 $53,606.97 UTILITY SERVICES 14730 SAN GABRIEL VALLEY WATER CO 595415 02/03/2022 $66,057.40 CONTRACT SERVICES 14730 SAN GABRIEL VALLEY WATER COMPANY 595416 02/03/2022 $377.31 CONTRACT SERVICES 36350 SHRED-IT USA 595417 02/03/2022 $11,584.27 CONTRACT SERVICES 2361 SIEMENS MOBILITY 595418 02/03/2022 $60.00 PARKS AND RECREATION 3483 JORGE SOLORIO 595419 02/03/2022 $190,655.49 UTILITY SERVICES 45630 SOUTHERN CALIFORNIA EDISON 595420 02/03/2022 $372.89 UTILITY SERVICES 40520 SOUTHERN CALIFORNIA GAS CO 595421 02/03/2022 $75,555.00 CONTRACT SERVICES 3439 SPORTFIVE GOLF LLC 595422 02/03/2022 $536.23 FRINGE BENEFITS 1990 STANDARD INSURANCE COMPANY

Page 5 ends

WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR
#

VENDOR NAME
City of Montebello
Register of Demands No. 1525
From Payment Date: 02/03/22 - To Payment Date: 02/10/22 595423 02/03/2022 $3,177.02 UTILITY SERVICES 526 T-MOBILE USA INC 595424 02/03/2022 $1,060.41 BUILDING IMPROVEMENTS 3479 THERMA LLC 595425 02/03/2022 $1,125.00 CONTRACT SERVICES 65440 TIERRA WEST ADVISORS 595426 02/03/2022 $3,580.43 UTILITY SERVICES 72570 US TELEPACIFIC CORP 595427 02/03/2022 $300.00 CONTRACT SERVICES 387 TRANSUNION RISK AND ALTERNATIVE DATA SOLUTIONS INC 595428 02/03/2022 $15,475.25 CONTRACT SERVICES 3406 UNIVERSAL PROTECTION SERVICE LP 595429 02/03/2022 $5,187.00 CONTRACT SERVICES 37 US SECURITY ASSOCIATES INC 595430 02/03/2022 $7,000.00 CONTRACT SERVICES 3433 VECTIS DC LLC 595431 02/03/2022 $2,885.96 UTILITY SERVICES 23610 VERIZON WIRELESS 595432 02/03/2022 $6,647.85 OTHER GROUP INSURANCE PAYABLE 58990 VISION SERVICE PLAN 595433 02/03/2022 $3,577.62 VEHICLE MAINTENANCE/EXPENSES 25860 WAYNE HARMEIER INC 595434 02/03/2022 $250.00 GENERAL GOVERNMENT 3476 ASHLEE WOOLFOLK 595435 02/03/2022 $560.00 BUILDING IMPROVEMENTS 3459 WORKSITE INTERNATIONAL INC 595436 02/03/2022 $1,141.00 CONTRACT SERVICES 71170 YOUNG ELECTRIC SIGN COMPANY 595437 02/03/2022 $298.57 CONTRACT SERVICES 2905 ZUTRA WATER 595438 02/10/2022 $6,274.51 VEHICLE MAINTENANCE/EXPENSES 3333 A & A FLEET PAINTING INC 595439 02/10/2022 $59.03 UTILITY SERVICES 1732 AT&T CORP 595440 02/10/2022 $2,600.00 CONTRACT SERVICES 26580 APCO INTERNATIONAL INC 595441 02/10/2022 $1,972.88 CONTRACT SERVICES 50 APOLLO WOOD RECOVERY INC 595442 02/10/2022 $709.82 UTILITY SERVICES 39550 AT&T
595443 02/10/2022 $4.73 UTILITY SERVICES 39550 AT&T
595444 02/10/2022 $112.98 UTILITY SERVICES 73760 AT&T TELECONFERENCE SERVICES 595445 02/10/2022 $100.00 TRAINING 40510 BEHAVIORAL ANALYSIS TRAINING INC 595446 02/10/2022 $200.00 VEHICLE MAINTENANCE/EXPENSES 1101 BLACK AND WHITE EMERGENCY VEHICLES LLC 595447 02/10/2022 $163,159.55 INSURANCE 28120 STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS 595448 02/10/2022 $1,350.00 PERMITS AND FEES 28120 STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS 595449 02/10/2022 $330.00 DUES & SUBSCRIPTIONS 41840 CALIFORNIA PARK AND RECREATION SOCIETY (CPRS) 595450 02/10/2022 $5,241.76 UTILITY SERVICES 47580 CALIFORNIA WATER SERVICE COMPANY

Page 6 ends

WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR
#

VENDOR NAME
City of Montebello
Register of Demands No. 1525
From Payment Date: 02/03/22 - To Payment Date: 02/10/22 595451 02/10/2022 $890.26 UTILITY SERVICES 55830 CHARTER COMMUNICATIONS 595452 02/10/2022 $545.74 CONTRACT SERVICES 36870 CINTAS CORPORATION 595453 02/10/2022 $798.00 ADVERTISING/PRINTING SERVICES 1354 DAILY JOURNAL CORPORATION 595454 02/10/2022 $1,714.00 CONTRACT SERVICES 2019 DEWEY SERVICES INC 595455 02/10/2022 $213.00 SUPPLIES 3091 DOUBLE DIAMOND INVESTMENT GROUP INC 595456 02/10/2022 $198.68 CONTRACT SERVICES 1894 ECONOMY RENTAL INC 595457 02/10/2022 $100.00 ADVERTISING/PRINTING SERVICES 2123 ENDEAVOR BUSINESS MEDIA LLC 595458 02/10/2022 $11,350.00 CONTRACT SERVICES 3215 EVAN BROOKS ASSOCIATES INC 595459 02/10/2022 $298.39 SUPPLIES 7610 EWING IRRIGATION PRODUCTS 595460 02/10/2022 $7,500.00 CONTRACT SERVICES 3148 FIFTH ASSET INC 595461 02/10/2022 $4,066.52 VEHICLE MAINTENANCE/EXPENSES 29160 FORD OF MONTEBELLO 595462 02/10/2022 $16,400.00 CONTRACT SERVICES 2784 PHILLIP GALLEGOS 595463 02/10/2022 $4,223.00 VEHICLE MAINTENANCE/EXPENSES 28730 GARFIELD CAR WASH 595464 02/10/2022 $166.48 MACHINERY & EQUIPMENTS 3350 GARVEY EQUIPMENT COMPANY 595465 02/10/2022 $296.68 VEHICLE MAINTENANCE/EXPENSES 455 GOLDEN STATE FASTENERS & SUPPLY INC 595466 02/10/2022 $269.70 VEHICLE MAINTENANCE/EXPENSES 30190 IB AUTO PARTS INC 595467 02/10/2022 $3,962.50 CONTRACT SERVICES 46870 HDL COREN & CONE 595468 02/10/2022 $3,583.44 VEHICLE MAINTENANCE/EXPENSES 27480 R & M HANSEN ENT INC 595469 02/10/2022 $582.42 CONTRACT SERVICES 1357 IRON MOUNTAIN INC 595470 02/10/2022 $3,800.00 CONTRACT SERVICES 2942 JAIROS PLUMBING INC 595471 02/10/2022 $1,756.12 CONTRACT SERVICES 4810 LA COUNTY DEPT OF PUBLIC WORKS 595472 02/10/2022 $150.00 PERMITS AND FEES 58760 LOS ANGELES COUNTY REGISTRAR 595473 02/10/2022 $215.27 SUPPLIES 43370 MIRACLE RECREATION 595474 02/10/2022 $12,763.94 UTILITY SERVICES 4760 MONTEBELLO LAND & WATER CO 595475 02/10/2022 $900.00 DUES & SUBSCRIPTIONS 2355 MONTEBELLO ROTARY CLUB 595476 02/10/2022 $1,403.70 VEHICLE MAINTENANCE/EXPENSES 2480 SOCAL AUTO & TRUCK PARTS INC 595477 02/10/2022 $2,646.00 VEHICLE MAINTENANCE/EXPENSES 1625 NATIONWIDE TRANSIT SALES INC 595478 02/10/2022 $340.00 PARKS AND RECREATION 3493 PRAVIN PATIL

Page 7 ends

WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR
#

VENDOR NAME
City of Montebello
Register of Demands No. 1525
From Payment Date: 02/03/22 - To Payment Date: 02/10/22 595479 02/10/2022 $48.04 UTILITY SERVICES 100 PICO WATER DISTRICT 595480 02/10/2022 $57,583.52 LEASE PAYMENT 2357 PNC BANK NATIONAL ASSOCIATION 595481 02/10/2022 $1,805.58 CONTRACT SERVICES 3279 PROCURE AMERICA INC 595482 02/10/2022 $157.92 SUPPLIES 56260 PRUDENTIAL OVERALL SUPPLY 595483 02/10/2022 $1,053.30 MAIL/ POSTAL EXPENSE 697 QUADIENT FINANCE USA INC 595484 02/10/2022 $4,350.00 CONTRACT SERVICES 3054 CHERYL L ROBERTS 595485 02/10/2022 $1,567.60 UTILITY SERVICES 14730 SAN GABRIEL VALLEY WATER CO 595486 02/10/2022 $2,050.00 CONTRACT SERVICES 15180 STEARNS CONRAD AND SCHMIDT CONSULTING ENG 595487 02/10/2022 $142.59 PERMITS AND FEES 28240 SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT 595488 02/10/2022 $440.15 PERMITS AND FEES 28240 SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT 595489 02/10/2022 $139,812.27 UTILITY SERVICES 45630 SOUTHERN CALIFORNIA EDISON 595490 02/10/2022 $155,955.92 CONTRACT SERVICES 3439 SPORTFIVE GOLF LLC 595491 02/10/2022 $876.54 CONTRACT SERVICES 1963 SUEZ WTS SERVICES USA INC 595492 02/10/2022 $3,783.83 UTILITY SERVICES 526 T-MOBILE USA INC 595493 02/10/2022 $371.39 SUPPLIES 52620 TALLEY COMMUNICATIONS 595494 02/10/2022 $1,584.75 CONTRACT SERVICES 9270 TANK SPECIALIST OF CALIFORNIA 595495 02/10/2022 $4,151.48 VEHICLE MAINTENANCE/EXPENSES 60710 THE AFTERMARKET PARTS COMPANY LLC 595496 02/10/2022 $200.00 CONTRACT SERVICES 2365 LETICIA TORRES 595497 02/10/2022 $281.23 CONTRACT SERVICES 131 UNITED SITE SERVICES INC 595498 02/10/2022 $7,217.44 COPIER REPAIR/SERVICES 2747 US BANK EQUIPMENT FINANCE 595499 02/10/2022 $10,000.00 MAIL/ POSTAL EXPENSE 68120 USPS-HASLER 595500 02/10/2022 $2,046.84 UTILITY SERVICES 23610 VERIZON WIRELESS 595501 02/10/2022 $65.00 RECREATION CLASSES 3325 NAMITA VIJAY 595502 02/10/2022 $53.53 SUPPLIES 9470 W W GRAINGER INC 595503 02/10/2022 $8,936.89 SUPPLIES 3088 WAXIES ENTERPRISES LLC 595504 02/10/2022 $80.00 CONTRACT SERVICES 328 ANNE L DONOFRIO 595505 02/10/2022 $240.00 PARKS AND RECREATION 3372 MARIA SALINAS 595506 02/10/2022 $110,755.12 CONTRACT SERVICES 3422 MIKE BUBALO CONSTRUCTION CO INC

Page 8 ends

WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR
#

VENDOR NAME
City of Montebello
Register of Demands No. 1525
From Payment Date: 02/03/22 - To Payment Date: 02/10/22 595507 02/10/2022 $40.00 CARPOOL INCENTIVE 65330 WENDY PEREZ 595508 02/10/2022 $3,994.06 CONTRACT SERVICES 3279 PROCURE AMERICA INC 595509 02/10/2022 $60.00 PARKS AND RECREATION 3496 PATRICIA RODRIGUEZ 595510 02/10/2022 $17,143.22 OTHER GROUP INSURANCE PAYABLE 318 STANDARD INSURANCE COMPANY - TERM LIFE 595511 02/10/2022 $17,143.22 OTHER GROUP INSURANCE PAYABLE 25850 STANDARD INSURANCE COMPANY 595512 02/10/2022 $536.23 FRINGE BENEFITS 1990 STANDARD INSURANCE COMPANY 595513 02/10/2022 $1,221.00 CONTRACT SERVICES 3030 HENRY S DAVID CHECK TOTAL $1,481,428.13
6093 - Successor Agency
1488 02/10/2022 $8,555.31 RENTS AND CONCESSIONS FEES 3431 SONIC VET LLC S & A TOTAL $8,555.31
GRAND TOTAL 2,583,813.26$

Page 9 ends

ITEM #____
CI

TY OF MONTEBELLO
CIT

Y COUNCIL AGENDA STAFF REPORT
TO: H
onorable Mayor and City Council Members
FR
OM: René Bobadilla, P.E., City Manager
BY: A
licia Fernandez, Deputy City Clerk
SUBJ
ECT: Approval of Meeting Minutes
DAT
E: February 23, 2022
RECOMMENDATIONS:

It
is recommended that the City Council:
1) Appr
ove City Council Meeting minutes for May 12, 2021, May 26, 2021, June 9, 2021, June 23, 2021, August 11, 2021, September 8, 2021, October 27, 2021, and January 26, 2022; and
2) Approve Special City Council Meeting minutes for May 1, 2021, August 18, 2021, August 24, 2021, September 1, 2021, October 27, 2021, November 13, 2021, and January 19, 2022; and
3) Approve Joint Regular City Council and Successor Agency Meeting minutes for July 28, 2021, November 13, 2021, and January 12, 2022; and 4) Approve Joint Special City Council and Planning Meeting minutes for June 1, 2021; and
5) Approve Adjourned City Council Meeting minutes for June 1, 2021 and June 3, 2021; and
6) Take such additional, related, action that may be desirable.

FISCAL IMPACT
Th
ere is no fiscal impact to the City.

DISCUSSION
As
of January of 2021 the City Clerk’s office underwent new staffing, including the Deputy City Clerk, Assistant to the Deputy City Clerk, and Records Coordinator. Since then, the City Clerk’s office has been focused on special projects that have brought efficiency and 14 CITY COUNCIL AGENDA REPORT – MEETING OF FEBRUARY 23, 2022 Approval of Meeting Minutes

Page 2 of 2 ends

organization within the department. Some of the special projects include but are not limited to: organization of City Clerk files and templates, creating tracking logs for required FPPC forms and training, successfully launching the City’s new Public Records Request GovQA portal, establishing records management/destruction procedures, establishing contract management procedures, updating the Rules of Order procedures, and updating the Conflict of Interest Code. Due to the above mentioned projects, the City Clerk’s office has experienced a delay in creating the meeting minutes of record, since of May of 2021, for all City Council/Successor Agency and/or Joint Special Meetings since Staff must listen to each City Council Meeting numerous times to prepare the minutes.

The City Clerk’s office has been working diligently to complete the backlog of minutes from May of 2021 through January of 2022. Attached for your approval are the meeting minutes from May of 2021 through November of 2021 presented under Attachment A .

Staff anticipates completing the meeting minutes of December 8, 2021 and submitting them for the City Council’s approval at the March 9, 2022 City Council Meeting.

ATTACHMENT:

A. Attachment A – Meeting Minutes (City Council Meetings, Special City Council Meetings, Joint Regular City Council and Successor Agency Meetings, Joint Special City Council and Planning Meeting, and Adjourned City Council Meetings)

CITY OF MONTEBELLO CITY COUNCIL/SUCCESSOR AGENCY

REGULAR MEETING AGENDA

M I N U T E S

WEDNESDAY, MAY 12, 2021 AT 5:30 P.M.

CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD

MONTEBELLO, CALIFORNIA

OPENING CEREMONIES

CALL TO ORDER – Mayor Cobos-Cawthorne called the meeting to order at 5:33 p.m.

ROLL CALL – Members present were Mayor Cobos -Cawthorne, Mayor Pro Tem Torres, Councilmember Jimenez, Councilmember Melendez, and Councilmember Peralta. Treasurer Rafael Gutierrez and City Clerk Christopher Jimenez were also present.

STAFF PRESENT – City Attorney Arnold Alvarez -Glasman, City Manager René Bobadilla, Assistant City Manager Arlene Salazar, Deputy City Clerk Alicia Fernandez, Assistant to Deputy City Clerk Kimberly Guillen.

PUBLIC COMMENTS FOR CLOSED SESSION ITEMS
No public comments for Closed Session.

CLOSED SESSION – 5:30 P.M.

Mayor Cobos -Cawthorne recessed the meeting into Cl osed Session at 5:35 p.m. to consider the following closed session items:

1. THREAT TO PUBLIC SERVICES OR FACILITIES
Government Code Section 54957
Consultation with City Manager, Police Chief, City Attorney and other related City officials.

2. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54956.9(d)(2)
Three matters – facts and circumstances need not be disclosed or will be announced pursuant to Government Code Section 54956.9(e)(1) or (e)(2)

May 12, 2021: City Council Meeting Minutes Page 2 of 10

Mayor Cobos -Cawthorne reconvened the meeting at 6:31 p.m. During Closed Session the City Council (Council) received a briefing on Items 1 and 2, and there was no direction or action taken.

REGULAR SESSION – 6:30 P.M.

INVOCATION – City Clerk Jimenez

FLAG SALUTE – Nicholas Razo, Director of Human Resources

CORRECTIONS TO THE AGENDA – CITY MANAGER – None

PRESENTATIONS

3. PRESENTATION: RECOGNITION OF CITIZEN OF THE MONTH – ALICE CHENG – Presented by Mayor Cobos-Cawthorne

4. RECOGNITION OF HEARTS OF COMPASSION AND PARTICIPANTS – Presented by Mayor Cobos-Cawthorne

5. RECOGNITION OF ASIAN PACIFIC HERITAG E MONTH – Presented by Mayor Cobos - Cawthorne

6. RECOGNITION OF MENTAL HEALTH MONTH – Presented by Mayor Cobos-Cawthorne

7. RECOGNITION OF NATIONAL PET MONTH – Presented by Mayor Cobos-Cawthorne

8. RECOGNITION OF MOTORCYCLE SAFETY AWARENESS MONTH – Presented by Cobos - Cawthorne

PUBLIC COMMENTS ON NON-AGENDA ITEMS (30 MINUTES)
The City Clerk’s office called five (5) members of the public wishing to address the City Council.

Speakers were provided three minutes to address the City Council and said speaker cards are on file at the City Clerk’s office.

The City Clerk’s office acknowledged fifty-six (56) public comments submitted to the City’s public comment email address. Said comments are on file at the City Clerk’s office.

STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST
Director of Recreation & Community Services provided Council an update on the drive -through Easter.

PUBLIC HEARING

9. PUBLIC HEARING TO ADOPT RESOLUTION NO. 21-28 NAMING A SOFTBALL FIELD AT GRANT

REA PARK AFTER MARGE VILLA

No public comments were submitted for this item.

May 12, 2021: City Council Meeting Minutes Page 3 of 10

David Sosnowski, Director of Recreation & Community Services , presented the Staff Report and provided a briefing of Marge Villa to the City Council.

It was motioned by Mayor Pro Tem Torres, seconded by Councilmember Peralta to approve to:

1) Adopt Resolution No. 21-28 naming a softball field at Grant Rea Park after Marge Villa; and
2) Take such additional, related, action that may be desirable.

It was motioned by Mayor Pro Tem Torres that the softball field be named “Marge Villa Softball Field”, seconded by Peralta to approve to:

MOVED: Torres SECONDED: Peralta APPROVED: 5-0-0-0

AYES: Cobos- Cawthorne; Torres, Peralta, Jimenez, Melendez NOES: None
ABSTAIN: None
ABSENT: None

10. PUBLIC HEARING TO ADOPT RESOLUTION NO. 21-36 APPROVING THE DRAFT FISCAL YEAR 2021-22 COMMUNITY DEVELOP MENT BLOCK GRANT AND HOME INVESTMENT

PARTNERSHIPS ANNUAL ACTION PLAN

The City Clerk’s addressed one (1) member of the public wishing to address the City Council.

Speaker was provided three minutes to address the City Council and said speaker card is on file at the City Clerk’s office.

Joseph Palombi, Director of Planning & Community Development, presented the Staff Report to City Council

It was motioned by Councilmember Melendez, seconded by Councilmember Peralta to approve to:

1) Adopt Resolution No. 21 -36 approving the draft Fiscal Year (FY) 2021 -22 C ommunity Development Block Grant and Home Investment Partnerships Annual Action Plan; and 2) Approve previously undisbursed HUD funds to be allocated to current FY 2020-21 Street Improvements Project; and
3) Take such additional, related action that may be desirable.

Motion approved unanimously.

OLD BUSINESS

11. APPROVE RESOLUTIONS ADOPTING A COMPREHEN SIVE MEMORANDUM OF

UNDERSTANDING BETWEE N THE CITY AND THE M ONTEBELLO POLICE MAN AGEMENT

ASSOCIATION, THE MON TEBELLO FIRE MANAGEM ENT ASSOCIATION, THE MONTEBELLO May 12, 2021: City Council Meeting Minutes Page 4 of 10

MID-MANAGEMENT ASSOCIATION, THE MONTEBELLO SUPERVISORS’ ASSOCIATION, AND THE MONTEBELLO POLICE OFFICERS’ ASSOCIATION

The City Clerk’s office called three (3) members of the public wishing to address the City Council. Thirteen (13) written comments were submitted to the City’s public comment email address and acknowledged. Speakers were provided three minutes to address the City Council and said speaker cards/written comments are on file at the City Clerk’s office.

Nicholas Razo, Director of Human Resour ces, presented the Staff Report and provided updates on the Memorandum of Understanding (MOU) Agreements to City Council.

Mayor Cobos-Cawthorne and Mayor Pro Tem were not in support of adopting the MOU’s.

Mayor Pro Tem made a motion to acknowledge the MO U documents as having value as a result of discussions with various employee groups and that they serve as unofficial draft reference documents for purposes of negotiations and table the item for a future meeting and did not receive a second.

Councilmember Melendez made a motion that the item be approved per Staff’s recommendation; seconded by Councilmember Jimenez.

Mayor Pro Tem Torres made a substitute motion that Council move forward in acknowledging the MOU documents have value as a result of discussions with various employee groups and that they serve as unofficial draft reference documents for purposes of negotiations . Councilmember Melendez and Mayor Cobos -Cawthorne asked clarifying questions. The substitute motion did not receive a second and a roll call vote was taken on Councilmember Melendez’ main motion; motion did not pass.

MOVED: Melendez SECONDED: Jimenez FAILED: 2-2-1-0

AYES: Jimenez, Melendez
NOES: Cobos-Cawthorne, Torres
ABSTAIN: Peralta
ABSENT: None

With no other motions on the table, Mayor Cobos-Cawthorne made a motion that the item be tabled to a future meeting until all bargaining groups MOU’s are ready to be presented at once for approval, seconded by Mayor Pro Tem Torres and roll call vote was taken; motion passed.

MOVED: Cobos-Cawthorne SECONDED: Torres APPROVED: 3-2-0-0

AYES: Cobos-Cawthorne, Torres, Peralta
NOES: Jimenez, Melendez
ABSTAIN: None
ABSENT: None
May 12, 2021: City Council Meeting Minutes Page 5 of 10

REGULAR BUSINESS – NONE

CONSENT CALENDAR
Item 12, 15, 16 17, and 23 were pulled for public comment. Item 13 and 14 were pulled by Councilmember Melendez.

It was motioned by Councilmember Melendez, seconded by Mayor Pro Tem Torres, that Items No. 18-22 and 24-25 be approved; motion was approved unanimously.

12. INTRODUCE AND WAIVE FIRST READING OF ORDINANCE NO. 2435 ADDING CHAPTER 2.90 TO TITLE 2 OF THE MONTEBELLO MUNICIPAL CODE TO IMPOSE TERM LIMITS ON ELECTED

OFFICIALS OF THE CITY OF MONTEBELLO

The City Clerk’s office called one (1) member of the public wishing to address the City Council.

Speaker was provided three minutes to address the City Council and said speaker card is on file at the City Clerk’s office.

It was motioned by Mayor Cobos-Cawthorne seconded by Mayor Pro Tem Torres that the City Council:

1) Waive first reading and introduce Ordinance No. 2435 Adding Chapter 2.90 to Title 2 of the Montebello Municipal Code to Impose Term Limits on Elected Officials of the City of Montebello; and
2) Schedule the second reading and adoption of said Ordinance, as described above, at the next regularly scheduled meeting of the City Council.

Motion approved unanimously.

13. APPROVE AMENDMENT NO . 7 TO AGREEMENT NO. 3066 WITH INFRASTRUC TURE

ENGINEERS FOR ENGINEERING SERVICES

Councilmember Melendez pulled this item to ask clarifying questions.

It was motioned by Councilmember Melendez, seconded by Mayor Pro Tem Torres, that the City Council:

1) Approve Amendment No. 7 to Professional Services Agreement No. 3066 with Infrastructure Engineers for additional engineering and construction management/inspection services for various capital improvement projects in the aggregate amount not-to-exceed $250,121; and
2) Amend the Fiscal Year 2020 -21 budget by increasing appropriations by $125,880 in the Gas Tax Fund, Account No. 200-99-7116.

May 12, 2021: City Council Meeting Minutes Page 6 of 10

MOVED: Melendez SECONDED: Torres APPROVED: 3-1-1-0

AYES: Cobos-Cawthorne, Peralta, Torres
NOES: Jimenez
ABSTAIN: Melendez
ABSENT: None

14. APPROVE AMENDMENT NO . 8 TO AGREEMENT NO. 3066 WITH INFRASTRUC TURE

ENGINEERS FOR ENGINEERING SERVICES

Councilmember Melendez pulled this item to ask clarifying questions.

It was motioned by Councilmember Melendez, seconded by Mayor Pro Tem Torres, that the City Council:

1) Approve Amendment No. 8 to Professional Services Agreement No. 3066 with Infrastructure Engineers for storm drain and sewer inspection services for the Montebello Hills Project in the aggregate amount not-to-exceed $323,010.

MOVED: Melendez SECONDED: Torres APPROVED: 3-1-1-0

AYES: Cobos-Cawthorne, Peralta, Torres
NOES: Jimenez
ABSTAIN: Melendez
ABSENT: None

15. ADOPT RESOLUTION NO. 21-34 FOR THE FISCAL YE AR 2021 -22 LEVY OF ANNUAL

ASSESSMENTS FOR THE NATASHA LANE SEWER A ND STORM DRAIN PUMP STATION

ASSESSMENT DISTRICT

The City Clerk’s office acknowledged one (1) public comment submitted to the City’s public comment email address. Said comment is on file at the City Clerk’s office.

It was motioned by Mayor Cobos-Cawthorne, seconded by Mayor Pro Tem Torres, that the City Council:

1) Adopt Resolution No. 21-34 (Attachment A) establishing the City’s intention for the Fiscal Year 2021-22 Levy of Annual Assessments for the Natasha Lane Sewer and Storm Drain Pump Station Assessment District; and
2) Authorize the City Engineer to prepare and file a Preliminary Engineer’s Report; and 3) Take such additional, related actions that may be desirable.

Motion approved unanimously.

May 12, 2021: City Council Meeting Minutes Page 7 of 10

16. ADOPT RESOLUTION NO. 21-35 FOR THE FISCAL YE AR 2021 -22 LEVY OF ANNUAL

ASSESSMENTS FOR THE NATASHA LANE LANDSCAPE ASSESSMENT DISTRICT

The City Clerk’s office acknowledged one (1) public comment submitted to the City’s public comment email address. Said comment is on file at the City Clerk’s office.

It was motioned by Mayor Cobos-Cawthorne, seconded by Mayor Pro Tem Torres, that the City Council:

1) Adopt Resolution No. 21-35 (Attachment A) establishing the City’s intention for the Fiscal Year 2021-22 Levy of Annual Assessments for the Natasha Lane Landscape Assessment; and
2) Authorize the City Engineer to prepare and file a Preliminary Engineer’s Report; and 3) Take such additional, related actions that may be desirable.

Motion approved unanimously.

17. APPROVE AMENDMENT NO. 3 TO AGREEMENT NO. 3756 – GOLF COURSE MANAGEMENT WITH S&S LABARGE GOLF, INC.

The City Clerk’s office called one (1) members of the public wishing to ad dress the City Council. Speaker was provided three minutes to address the City Council and said speaker card is on file at the City Clerk’s office.

The City Clerk’s office acknowledged one (1) public comment submitted to the City’s public comment email address. Said comment is on file at the City Clerk’s office.

It was motioned by Councilmember Melendez seconded by Councilmember Jimenez that the City Council:

1) Approve Amendment No. 3 to Agreement No. 3756 for Golf Course Management and Golf Course Professional Services at the Montebello Golf Course with S&S LaBarge Golf, Inc.; and
2) Authorize the City Manager to execute the Amendment No. 3 on behalf of the City; and 3) Take such additional, related, action that may be desirable.

Motion approved unanimously.

18. AUTHORIZATION TO ISSUE A REQUEST FOR QUOTATIONS (RFQ) FOR THE SUMMER FOOD

SERVICE PROGRAM

RECOMMENDATION: It is recommended that the City Council:

1) Authorize staff to issue a Request for Quotations (RFQ) for the Summer Food Service Program (SFSP); and
2) Take such additional, related, action that may be desirable.

May 12, 2021: City Council Meeting Minutes Page 8 of 10

19. ADOPT RESOLUTION NO. 21-27 AUTHORIZING THE S UBMISSION OF AN APPL ICATION TO

THE FEDERAL TRANSIT ADMINISTRATION TO RE CEIVE FUNDING FOR PR EVENTATIVE

MAINTENANCE, ASSOCIATED CAPITAL MAINTENANCE AND TIRE LEASE PROJECTS

RECOMMENDATION: It is recommended that the City Council:

1) Adopt Resolution No. 21-27 authorizing the submission of an Application to the Federal Transit Administration (FTA) to receive funding for Preventative Maintenance, Associated Capital Maintenance and Tire Lease Projects (“Grant No. 1657-2020-2”) in the amount of $4,576,622 (49 U.S.C. Section 5307 funding) and $915,324 in Transportat ion Development Credits (TDC) in lieu of a local match; and 2) Take such additional, related, action that may be desirable.

20. REQUEST TO REJECT AL L PROPOSALS SUBMITTE D FOR TRANSIT BUS LI FT REPLACEMENT REQUEST FOR PROPOSAL NO. 21 -25 AND APPROVE ISSUI NG A NEW TR ANSIT BUS LIFT REPLACEMENT REQUEST FOR PROPOSAL, NO. 21-30

RECOMMENDATION: It is recommended that the City Council:

1) Reject all proposals submitted for the Transit Bus Lift Replacement Request for Proposal No. 21-25 and approve issuing a new Transit Bus Lift Replacement, Request For Proposal No. 21-30; and
2) Take such additional, related, action that may be desirable.

21. AWARD PROFESSIONAL S ERVICES AGREEMENT NO . 3885 TO NELSON/NYG AARD CONSULTING ASSOCIATE S, INC., FOR MONTEBE LLO BUS LINES COMPRE HENSIVE OPERATIONAL ANALYSIS, REQUEST FOR PROPOSAL NO. 21-21

RECOMMENDATION: It is recommended that the City Council:

1) Award Professional Services Agreement No. 3885 to Nelson/Nygaard Consulting Associates, Inc., for Montebello Bus Lines Comprehensive Operational Analysis, Request for Proposal No. 21-21 in an amount not-to-exceed Two Hundred Fifty Thousand Dollars ($250,000); and
2) Authorize the City Manager to take action necessary to execute and finalize a contract on behalf of the city of Montebello; and
3) Take such additional, related, action that may be desirable.

22. AUTHORIZATION TO ISS UE PURCHASE ORDER TO GALLS, LLC FOR BALLI STIC VESTS AND

RELATED EQUIPMENT FOR THE FIRE DEPARTMENT

RECOMMENDATION: It is recommended that the City Council:

1) Authorize the purchase of ballistic vests and related items for Fire Department personnel from Galls LLC in an amount not-to-exceed $77,222; and
May 12, 2021: City Council Meeting Minutes Page 9 of 10

2) Amend the Fiscal Year 2020 -21 budget by increasing appropriations by $77,222 in Account No. 100 -85-860-6010.10, Fire Departme nt, Suppression, Machinery and Equipment.

23. ADOPT RESOLUTION NO. 21-38 RELATING TO THE F INDINGS AND DECISION ON THE

APPEAL OF A PLANNING COMMISSION DECISION OF DENIAL GENERAL PLAN AMENDMENT,

ZONE CHANGE, DENSITY OVERLAY ZONE, HEIGHT OVERLAY ZONE, PLANNE D

DEVELOPMENT DISTRICT, PARKING MANAGEMENT P LAN, AND SITE PLAN R EVIEW (CASE NO. “PC-2020-0018-GPA-ZC-PDD-PMP”); VESTING TENTA TIVE TRACT MAP (“VTT M”) NO. 83239; DEVELOPMENT A GREEMENT (“DA NO. 02 -20”); AND MITIGATED NEGATIVE DECLARATION (“MND”) AND MITIGATION MO NITORING REPORTING P ROGRAM (“ENV NO. 113 -20-MND”) TO ALLOW THE C ONSTRUCTION OF A TOT AL OF 31 RESIDENTIAL DWELLING UNITS AND RELATED AMENITIES FOR THE PROPERTY LOCATED AT 301 JACMAR DRIVE

The City Clerk’s office acknowledged twelve (12) public comment submitted to the City’s public comment email address. Said comments are on file at the City Clerk’s office.

It was motioned by Councilmember Melendez seconded by Mayor Cobos-Cawthorne that the City Council:

RECOMMENDATION: It is recommended that the City Council:

1) Adopt the Resolution attached with this report which will uphold the decision of the Montebello Planning Commission and finalize the findings and decision of the City Council denying the Applicant’s, Brandywine Acquisition Group, LLC, request seeking approval of General Plan Amendment, Zone Change, Density Overlay Zone, Height Overlay Zone, Planned Development District, Parking Management Plan, and Site Plan Review (Case No. “PC -2020-0018-GPA-ZC-PDD-PMP”); Vesting Tentative Tract Map (“VTTM”) No. 83239; Development Agreement (“DA No. 02-20”); and Mitigated Negative Declaration (“MND”) and Mitigation Monitoring Reporting Program (“ENV No. 113 -20- MND”) to allow the construction of a total of 31 residential dwelling units and related amenities for the property located at 301 Jacmar Drive (the “Project”). 2) Take such additional, related, action that may be desirable.

Motion passed unanimously.

24. PAYMENT OF BILLS: ADOPT RESOLUTION NO. 21 -37 APPROVING THE CITY W ARRANT REGISTER OF DEMANDS DATED MAY 12, 2021

RECOMMENDATION: Adopt the proposed Resolution approving the Warrant Register dated May 12, 2021.

25. APPROVAL OF CITY COUNCIL MINUTES – APRIL 14, 2021

RECOMMENDATION: Approve said minutes as written.

May 12, 2021: City Council Meeting Minutes Page 10 of 10

ORAL COMMUNICATIONS - CONTINUED IF NECESSARY

COUNCIL ORALS
Council member announcements; requests for future agenda items; conference/meetings reports.

1. Councilmember Melendez
a. Council Oral 1 – asked for information regarding a previous Resolution or action that was voted on in regards to reading written comments.
b. Council Oral 2 – recognized Municipal Clerk’s Week and extended appreciation to City Clerk Jimenez and Deputy City Clerk Alicia Fernandez and team.

2. Councilmember Jimenez
a. Commissions: R oles and Responsibilities – wanted to make sure that since new Commissioners are being appointed that they understand the rules and responsibilities and suggested a handbook be created.
b. Mental Health Awareness Month: Remembering Jerry Griffin.

3. Councilmember Peralta
a. SGVCOG Montebello Grade Separation Project and At -Grade Safety Improvements – asked for consensus to agendize a presentation for the June 9, 2021 City Council Meeting. b. Farmers Market Ad Hoc Committee meeting update – provided an update. c. Willow & Sage grand opening – recognition and welcome. 424 W. Whitti er Blvd., Montebello, CA 90640.
d. Schurr High School AVID Talent Show Sponsorship opportunity Mayor Pro Tem Torres – read a letter from the AVID coordinator.

4. Mayor Pro Tem
a. Gateway Cities Council of Governments Report – provided an update. b. American Legion Post 272 invitation for volunteers, request for donations (industrial appliances, Honor Guard transportation).

5. Mayor Cobos-Cawthorne
a. Yellow tier update.
b. Rosenberg’s Rules vs. Robert’s Rules – asked for City Council consensus to direct Staff to draft and item for Council consideration t o consider adopting Rosenberg’s Rules as the City of Montebello’s Rules of Order.

ADJOURNMENT
Mayor Cobos-Cawthorne asked for a moment of silence in the memory of Jerry Griffin. Mayor Pro Tem Torres motioned to adjourn the meeting and the meeting was adjourned at 9:23 p.m.

THE MINUTES OF MAY 12, 2021 ARE HEREBY APPROVED AND ADOPTED ON THIS 23rd DAY OF FEBRUARY, 2022.

____________________________________________
Alicia Fernandez, Deputy City Clerk

GENERAL COMMENTS

GENERAL COMMENTS - TOP GOLF RELATED
Comment # Name In Support
In
Opposition
2 Art San Miguel X
3 David Hornback X
4 Les Fujimoto X
5 Keith Kenyon X
6 Reynaldo Rios X
7 John Jasso X
Breona Selayaartiga
James Edwards
Zack Jensen
Bea Montanez
Alex Lee
Ryan Duval
Noah Melendez
Jay Garcia
Mayra Orozco
Marc Burton
Amber Bock
Eric Chan
Kalani Uini
Hannah Pesce
Frank Roach
Alejandro Reyes
Josiah Woods
Denis Ayala
Jared Scarbourough
Kristine Alfaro
Jacob Becker
Chance Meeks
Abiel Aguilar
Jose Hernandez
Anthony Luna
Rosemary Vasquez
Gloria Gill
Maria S.

Vivian Dang
Jesus Romero
Kevin Alfaro
Stephanie Maldonado
Natalie Romero
42‐47 List of names listed on
comment cards (WILL READ
CARDS)
X
48 Andrew Landero X
50 Gabriel Garza X
10‐41 X
1 Fernandez, Alicia
From: Elisa Vasquez <[email protected]>
Sent: Thursday, April 15, 2021 12:08 PM
To: comment, ccpublic
Subject: CA COVID-19 Rent Relief Program
Attachments: Encouraging Residents to Apply for CA COVID-19 Rent Relief.Montebello.pdf Hello Mayor Cobos Cawthorne,
On behalf of Emilio Salas, Executive Director, Los Angeles County Development Authority, attached please find correspondence regarding the CA COVID‐19 Rent Relief Program.

Please let me know if you have any questions.

Thank you.

Elisa E. Vásquez, Director
Communications and Public Affairs Unit
Los Angeles County Development A uthority
700 W. Main Street
Alhambra, CA 91801
phone: 626.586.1762
fax: 626.943.3838
www.lacda.org
Disclaimer: PLEASE NOTE: This e-mail and any attachments, contains information that is, or may be, covered by electronic communications privacy laws, and is also confidential, private, privileged and proprietary in nature and is solely transmitted for the purposes of the intended recipient(s). If the reader of this message is not an intended recipient, or if this message has been inadvertently directed to your attention, you are hereby notified that you have received this message and any attached document(s) in error and that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this message in error, please notify us immediately by return e-mail and delete and destroy all copies of the original message.

You are hereby notified that the Los Angeles County Development Authority (LACDA) does not intend to waive any privilege or privacy rights that might ordinarily attach to this communication. ---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** #1
April 14, 2021
Mayor Kimberly Cobos Cawthorne
City of Montebello
1600 W. Beverly Boulevard
Montebello, CA 90640-3932
Dear Mayor Cawthorne:

ENCOURAGING RESIDENTS TO APPLY FOR CA COVID-19 RENT RELIEF I am reaching out to you to make you aware that the County is targeting your City as a community of focus for the CA COVID -19 Rent Relief Program. On January 29, 2021, Governor Gavin Newsom signed SB 91, which established the CA COVID-19 Rent Relief Program, allocating $2.6 billion in Federal rent assistance to provide financial help to income-qualified tenants experiencing housing instability. The Program provides rent reimbursement to property owners for unpaid rent accrued between April 1, 2020 , and March 31, 2021.

As a vested partner, Los Angeles County worked very closely with the State to design an equitable Program. To that end, the Program will sort applications seeking to help those who make less than 50% of the Area Median Income first, then quic kly target specific groups and communities disproportionately impacted by COVID-19.

While the State has already begun processing applications submitted to date, we have requested that they shift their focus to applicants that reside in cities that have experienced a disproportionate impact of COVID -19. Your City has been identified as one of those communities. We are requesting your assistance to help spread the word about this very important Program as we want to make sure that your residents apply immediately. With your help, we can encourage all eligible residents to apply for assistance. When the Los Angeles County Development Authority launched its LA County COVID-19 Rent Relief Program in August 2020, we saw there was a great need Mayor Kimberly Cobos Cawthorne
April 14, 2021

Page 2 ends

for rental assist ance. Renters had been deferring bill payments, borrowed money from payday lenders and family, and even charged rental payments on their credit cards. Your help in promoting the CA COVID -19 Rent Relief Program will help reduce such difficult decisions for County residents.

Please help us spread the word about the CA COVID-19 Rent Relief Program and share this information with your residents. Your office can access a media toolkit with shareable graphics, talking points, and flyer by clicking here.

Tenants and property owners can determine eligibility and apply for funds at HousingIsKey.com or by calling the CA COVID-19 Rent Relief Call Center at 1-833-430- 2122.

We would also like to know if you have specific suggestions or ideas as to how the State can best promote this Program in your City. We really want to partner with you, so please reach out to us to let us know how we can best reach your residents. Feel free to contact Elisa Vásquez, Communications and Public Affairs Director, at [email protected] or at (626) 586-1762.

Thank you for your support.

Sincerely,

EMILIO SALAS
Executive Director

1 Fernandez, Alicia
From: Art San Miguel <[email protected]>
Sent: Thursday, April 29, 2021 5:03 PM
To: comment, ccpublic
Subject: Closure of Montebello Golf course
First off I have a few questions to the City Counsel on their decision to bring in top golf.

1. I would like to know how much money top golf and Callaway golf is giving you all, and how much perks are you getting from The Perrin brothers.

2. Do the Residents of Montebello know that they have to come up with a 50 million dollar Bond.

3. Do you realize that local High school's will No Longer be able to have golf events at Montebello.

I don't think you realize what you are doing by destroying a Traditional Golf course, it seems to me that you are a bunch of greedy little spoiled brats. I have already contacted the FBI about your greed, they will investigate you and the Perrin brothers. GOOD LUCK I hope they imprisoned ALL of YOU.

Sent from Yahoo Mail on Android
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** #2
1 Fernandez, Alicia
From: David Hornback <[email protected]>
Sent: Monday, May 10, 2021 10:48 AM
To: comment, ccpublic
Subject: Public Comments for City Council Meeting 5/12/21 From: Montebello Resident David Hornback
Honorable Mayor, and City Counsel members, I urge you all to continue your process of reviewing and pursuing economic development opportunities. Specifically, with respect to the Top Golf project. While there have been vocal and focused objections, they seem to me to be efforts by a minority; of those whom have enjo yed subsidy to their golfing that the current system has afforded them. These objections should not distract from the greater vision that our City and its leaders need to maintain if Montebello is going to be a successful municipality, serving it’s community, well into the 21st Century.
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** #3
1 Guillen, Kimberly (Admin)
From: Fujimoto, Lester <[email protected]>
Sent: Tuesday, May 11, 2021 12:32 PM
To: comment, ccpublic
Subject: Public Comment regarding Top Golf
Tradition and Nostalgia are wonderful things but not at the expense of the entire city and community.

Montebello Golf Course has been a wonderful public benefit over the years however it is now financially unsustainable and it costs the city, businesses, and the residences a reported over $1 million a year.

Top Golf will bring
in revenue to Montebello and the money can be used to improve streets, parks, businesses, and other community needs.

With a Top Golf facility here, other businesses maybe encouraged to come here to setup their business and even help develop the unused portions of the old course.

Lets keep Mo
ntebello moving in the right direction to help make Montebello an even finer place to live, work, and PLAY! Now
is the time for Montebello to bring in Top Golf for community’s benefit and not just for a few golfers who don’t want their privilege to end.

Les Fujimoto
Les J. Fujimoto, MA, CFRE
Executive Director, Beverly Foundation
VP Development & Community Relations
(323) 837‐3404 Direct
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS.

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#4
1 Guillen, Kimberly (Admin)
From: Sk55gang <[email protected]>
Sent: Tuesday, May 11, 2021 9:10 PM
To: comment, ccpublic
Subject: Montebello
I have been playing at Montebello golf course for 40 years; I am physician whose office was a mile away. I have learn to appreciate it’s beauty and history. Whatever you replace this historical course will not be wort your effort. Please consider your actions carefully
Keith Kenyon MD
Sent from the all new AOL app for iOS
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS.

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#5
1 Guillen, Kimberly (Admin)
From: REYNALDO RIOS <[email protected]>
Sent: Tuesday, May 11, 2021 10:47 PM
To: comment, ccpublic
Subject: Bad decision to city!
Hello city employees? Just raise the golf fees & help keep course in great condition? Cheapest Rates in LA county? I will not support your city with Top golf! I heard the family that donated the land to built golf course can take it back if sold? Be careful? Thank You mando golfer Sent from my iPhone
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#6
1 Guillen, Kimberly (Admin)
From: John Jasso <[email protected]>
Sent: Wednesday, May 12, 2021 10:13 AM
To: comment, ccpublic
Subject: I am Not in Support of Top Golf, to be read May 12th general meeting Dear City Council Members,
I would like to have my statement read at the next city council meeting on May 12th Hi, My name is John Jasso and I grew up in Montebello attending Eastmont Elementary. Eastmont Intermidiate and Schurr High School and have been a long time Board Member and member of the Montebello Golf Club for 30 years, thank you for allowing me the opportunity to express my disappointment in the new Montebello city counc il voting to tear down one the best public 18 Championship Golf Courses in the Los Angeles Area only to put in a Top Golf. First off there are some facts that I think the public needs to be made aware of and the city should itemize and show full transparency on, If the Go
lf Course itself has losses over 2 million dollars.

It is a fact that when the city currently calculates the cost of running the golf course, they include all the banquet property, cafe and event center that sits on the same property of the golf course . They do not separate what that facility costs to run separate from what the Golf course cost to run vs what the golf course brings in revenue. As a long time member we have come to know the in’s and outs of running the course. I was also on the board for 14 years here at Montebello as well as at Alhambra golf course and there is no way, if the accounting is shown for everyone to review, that the golf course itself is the cause of this deficit, so I ask that the city provide accurate accounting records on just th e golf course cost for maintenance vs revenue. If they show transparency on only the golf course you will see that the Golf Course is not the cause of this deficit that they are using to sway everyone to support this sellout. Another thing I want to point out is the drastically un der used driving range at Montebello. When we were in high school and in the 90’s and 2000’s the driving range was always packed. They over the years the let the place go with old mats, old range balls, no update to the shed or putting greens tha t sits next to the range. They have spent little to no money upgrading the driving range with any type of technology, updated mats or golf balls. Some vending machines or anything that you could grab a snack and drink while you work on your game or teach your kids the game. If you look at drivi ng ranges like Monterey Park, Alhambra, Rancho Duarte and even Glenoaks in Glendora, the ranges are always packed with patrons and in discussions with the various courses this is big source of revenue for them. Why is Montebello’s range such a desolate place? Why has the city never taken the opportunity to make small investment where you could see the rewards like so many others in neighboring cities? Negligence? Did you want it to fail and not bring revenue? Why when the city would allocate money over the years to update the course with sand or on maintenance, it never made it to the golf course? Why was it always used for the banquet halls and event center above the course? Finally you have a reputable management company who knows how to run a golf course and turn a profit doing a great job and you have contract ed Billy Casper golf to manage the course, which has vastly improved with them and now you want to tear it down to build a Top Golf. Why don’t you do some analysis over the last year on show the citizens how much the revenue “Golf Course” has brought in even during the pandemic. Show the financials of the course only and not include the Banquet halls and event center. Show it itemized out for full transparency for the citizens to review. I heard some residents use their children to support Top Golf as a place they could learn to play and beco me someone like Lissette Salas. She learned to play golf at local driving ranges where it was affordable not a Top Golf where the cost can be quadruple what it would be for a bucket of range balls. I ask every citizen to demand full transparency on the accounting an
d actuals related to the Golf Course itself as a single item entity without the money pit event center and #7
2 banquet facilities that sit on the same property which have drained allocated funds over the years and have never seen the return on investment. Why don’t you take the next year to look only at the golf course and its cost vs revenue with this new management company, invest a little money into the current driving range to make it more vibrant and inviting to those who live in the surrounding area who want to practice or teach their kids how to play the game so many of us love.

Be honest with the residents of Montebello, Show them exactly the financial statements of profit and loss for ONLY the Go
lf course! Do not dilute the numbers with mismanagement or losses for the event center and hotel property.

Residents deserve to know the actuals for the Golf course and show how the Golf course is doing over the last year once the course opened up durin g the pandemic.

Thank you for your time.
---
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1 Guillen, Kimberly (Admin)
From: mde4peace <[email protected]>
Sent: Wednesday, May 12, 2021 11:08 AM
To: comment, ccpublic
Subject: Public Comments to be read at Montebello City Council meeting May 12, 2021 To: City Council, Staff and Departments
From: Margot Eiser, resident, taxpayer, voter
Re: Comments to be read at Montebello City Council meeting May 12, 2021 and entered into the public record and responded to when requested.

Note to Reader, Please add "Thank you" at end of each.

Public Orals- I recom
mend that you arrange all the technicalities needed
to have City Council and other public meetings be done as Zoom meetings. This can be used successfully and effectively. I recently participated in an elaborate event with numerous other people which provided for interaction in various ways. I recommend continuing to use Zoom even when in person meetings are resumed because that would encourage and give many more people the opportunity to participate in the running of our city!

Item 15 & 16-I am probably not the only one who is curious about this.

Please have someone send me an explanation of what Natasha Lane is, how much has been spent over the years on various matters relating to it and most importantly,how much if any money it earns for the city or is it just an ongoing expense? My edress is on the record.

Item17-First, you must immediately change all signs and start to use the proper term to describe and advertise what is and always has been OUR municipal GOLF COURSE. Next, it is vitally important that you , who are supposed to be our representatives, must insist that the new management company is always working for the benefit of the City. I suggest that you consult with other cities which run very successful public golf courses with additional facilities. Third, WE, the residents, residents, taxpayers, voters must be notified and involved and oversee the entire process before making any changes proposed by the company. #8
1 Guillen, Kimberly (Admin)
From: [email protected]
Sent: Wednesday, May 12, 2021 11:14 AM
To: comment, ccpublic
Subject: FW: Public Comment Letter for City Council Meeting Scheduled on 5/12/21 Attachments: jpeg157.pdf
To Whom It May Concern,
Please ensure my letter (copy attached) is read publicly at the City Council Meeting tonight.

Thank you in advance for your assistance and support.

Kelly Lindberg
-----------------------------------------
From: [email protected]
To: "[email protected]", "[email protected]", "[email protected]", "[email protected]", "[email protected]", "[email protected]", "[email protected]", "[email protected]", "[email protected]" Cc:

Sent: Wednesday May 12 2021 7:26:27AM
Subject: Public Comment Letter for City Council Meeting Scheduled on 5/12/21 Dear Mayor Cobos-Cawthorne,
I would like to request that this letter be read publicly at the City Council Meeting scheduled on May 12, 2021.

Please see attached.

Thank you.

Kelly Lindberg
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** #9

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Same comment card received from:

Douglas Molbu
Ricard Lee
#43

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The following speaker cards were received by:

Pamela Barnes
Jesse Ortega
Joseph DeBom
Joey Vargas
Leslie Tostado
Blanca Mejia
Alexis Dapermont
Brandon Rojas
Juan Martinez
athena Aceves
Tiffany Telles
Jmes Hernandez
Lillian Falcon
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#47
1 Guillen, Kimberly (Admin)
From: Andrew Landeros <[email protected]>
Sent: Wednesday, May 12, 2021 1:37 PM
To: comment, ccpublic
Subject: Public Comment on TopGolf project
Attachments: petition_signatures_Save Montebello Golf Course.pdf Thank You City Council Members and staff for your time.

I am Andrew Landeros, Member of the Board of the Montebello Golf Players Club.

We have col lected more than 600 signatures of folks that do not want TopGolf at the sacrifice of the 18‐hole course. Many live here or have family ties to the community. Others bring their money from other cities to Montebello to enjoy a day, then support our stores after a round. This bols ters the local economy and adds to the sales tax collected.

I ask the city to revisit the planned changes to the golf course property. The land was entrusted to the city for recreation, not for any commercial development. It is not for the council members to hand off to any developer. There cannot be any additional development of the land, according to the agreement with the Bicknell family.

The City took liberties to install the two hotels on the golf course property and the citizens are having to pay for the city’s mistakes. The hotels have only been an anchor tied to the sinking city’s finances.

According to the 2018 State Audit, Montebello's general fund would be responsible for up to $1.1 million for the first hotel and $2.6 million for the second hotel annually in hotel bond payments in order to avoid default.

That is a $3.7 Million hole in the city’s pocket.

On the other hand, the course is now profitable, now that you have a very capable management team in charge of the pro shop.

We continue to say, the city should find a way to have the TopGolf project co‐exist with the current course.

Work with Callaway and TopGolf to invest in the improvements to the current golf course. This would allow more revenue to come to the city and preserve the historic golf course for generatio ns to come.

Think of the possibilities of having charity golf tournaments (like many of the council folks enjoy having), then a banquet in the Quiet Cannon and then an evening at TopGolf. If folks are too tired to go home, they can stay at the hotels following the day. Everyone benefits! 18 holes allows for tournaments of 144 players. 9 holes would be 72 maximum.

What is better, the course could probably remain open while the construction went on. This would allow the city to collect greens fees during the process. The fees help pay for all the other parks in the city.

It would minimize the environmental impact to the community. There would not be a need to disrupt the entire property as the current design would entail.

It would also reduce the amount of money needed to be borrowed by the city. #48
2 The current plan requires a $50 Million bond that will cost taxpayers more than $100 Million over 30 years.

Over 40 years, the cost would come closer to $140 Million.

There are more ways to enhance income at the course, but the city has yet to reach out to the community most impacted. The golfers of the Montebello Golf Course. We continue to invite you to come and chat with us.

Generations of players, now and in the future, depend on your actions now. Thank you! Attached are the signatures, in case you didn't get them.

---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** #48
1 Guillen, Kimberly (Admin)
From: Michael W. Popoff <[email protected]>
Sent: Wednesday, May 12, 2021 2:26 PM
To: comment, ccpublic; Michael W. Popoff
Subject: 3rd Revised Public Comment for 5-12-2021 CC Meeting (Sorry for the confusion, but I just noticed one name I forgot to add) Good evening Honorable Mayor, Councilmembers
and staff,
I would ask that this letter be read aloud entirely into the record.

Eric Ortiz
Garrett Martin
Julian Lao
Paul Luna
Brandon Clark
Chris Romo
Brian McHugh
Michael Ray
Zachary Martin
Sam Sabella
Jeff Salinas
Kevin Tinajero
Travon Zenon
Battalion Chief Alan Wilkes
Battalion Chief Ryan Webb
Kurt Johnson
Marc Valentine
Dan France
Richard Volkoff
#49
2 Celia Quezada
Verne Creswell
These are the names of many qualified Fire Personnel that have served our community faithfully, honorably and competently for many years. Some have over 20 years of service and all were reportedly either fired or pushed out.

It needs to be investigated as to why the city lost so many competent and honorable fire personnel under the current Fire Chief.

Another question I would like answered why are Chief Pelaez, City Manager Bobadilla, and HR Director Rizzo reportedly under investigation by the State of California? Is this investigation because of the forcing out of the above people, or is it because of the reported promotion of unqualified and incompetent fire personnel into positions of authority, reportedly leading to at least one event that almost took the life of a rookie firefighter? Many in the Community have lost all confidence in Chief Pelaez' leadership. His reported closing of South Montebello Fire Stations for a number days is unacceptable, especially since it appears to be his fault the City lost the Fire personnel needed to maintain those stations in the first place.

For these reasons, and others that you have probably been made aware of, I would ask this Council to consider requesting Chief Pelaez to resign or retire. In any case, you should consider terminating his command for the good of the city and the safety of the remaining firefighters.

Sincerely,
Michael W. Samarin-Popoff, 57+ year resident of Montebello

1 Fernandez, Alicia
From: Gabriel Garza <[email protected]>
Sent: Wednesday, May 12, 2021 2:54 PM
To: comment, ccpublic
Subject: Montebello Golf Course - Top Golf Proposal
Good Evening Mayor and Council Members,
I would like to express my views and opposition to the proposal to convert our beloved Montebello Championship Golf course to a TopGolf Facility and a 9 Hole Golf Course.

As a long time resident, (40 Years as a home-owner) and previous Business Owner (18 Years here in Montebello) I believe the City has other major concerns to deal with than to propose a Bond initiative to the tune of $50 Million that could ultimately cause our Property Taxes to be increased if this debt goes unpaid.

The following are points of concern,
Montebello already has one of the highest tax rates in the County of Los Angeles - Please don't allow our Property Taxes to go higher
Of the proposed remodeling of the course, what are the plans for holes #6, #7, #8, #9 that are directly behind the current Driving Range? More Hotels?
I play the course on a regular bases (member of the Mens Club) and I can tell you first hand that there are many players always waiting to play - The course is a popular Course where many folks have played a few celebrities as well - It's hard to believe that this place has lost so much money.

Better management, which, I believe the City now has in place and more tournaments is a way to drive in some revenue to at least maintain the Course.

I don't believe the intent was for the Course to be a money maker for the City. None of our other recreational facilities in town drive a profit for the City, or do they? So why Is the course expected to drive in revenue for the City....This is a recreational facility - For the citizens and surrounding neighbors to enjoy.

You will be destroying a 100 year landmark with your decision...I beg you to reconsider.

Thank you
Gabriel "Gabe" Garza
(323) 819-3660 Cell
(562) 695-6000 Work
[email protected]
#50
2 ---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** #50
1 Guillen, Kimberly (Admin)
From: Joey Marquez <[email protected]>
Sent: Wednesday, May 12, 2021 3:29 PM
To: comment, ccpublic; Bobadilla, Rene
Subject: Public Comment for the Record
I am a proud graduate of Montebello High School. I wanted to ask Mayor Pro Tem Torres a quick question, when did you graduate from Montebello High School? I was under the impression that you attended Schurr High School but I must have been mistaken after seeing your letterman jacket from Montebello High. I noticed on the "M" there are a number of patches, what clubs and sports did you participate in at Montebello High? We'd love to invite you to our next class reunion after the pandemic. Also, our alumni association would be honored to have such a distinguished alumni join.
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***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** #51
1 Guillen, Kimberly (Admin)
From: Caltitla, Zoraida
Sent: Wednesday, May 12, 2021 3:00 PM
To: Guillen, Kimberly (Admin)
Subject: FW: Please Read on the Record
FYI
Zoraida Caltitla
Office Manager
City Manager’s Office
1600 W. Beverly Blvd.

Montebello, CA 90640
323-887-1397
From: Joe Cervera [mailto:[email protected]]
Sent: Wednesday, May 12, 2021 2:54 PM
To: Salazar, Arlene; Bobadilla, Rene; Caltitla, Zoraida Subject: Please Read on the Record
Mayor Kimberly Cobos-Cawthorne, can you please e xplain the role and duties of a Mayor and council member? I have reviewed the job description and I have not been able to identify a specific section where it states that the Mayor is to serve as a private investigator.

Does the Mayor or any council member have the authority to investigate an employee of the city? Is the Mayor serving as the judge for who is morally qualified to work and represent our city? You have overstepped your role as a council member and if this legal complaint regarding a city employee leads to litigation, the Montebello taxpayers should not be responsible for covering the legal expenses. I encourage our four other council members to not support the Mayor’s irresponsible and reckless actions. She should be required to cover the expense of legal representation.
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***PLEASE DO NOT CLICK ON UNKNOWN LINKS.

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#52
1 Guillen, Kimberly (Admin)
From: Caltitla, Zoraida
Sent: Wednesday, May 12, 2021 3:01 PM
To: Guillen, Kimberly (Admin)
Subject: FW: Public Comment-Read On The Record
FYI
Zoraida Caltitla
Office Manager
City Manager’s Office
1600 W. Beverly Blvd.

Montebello, CA 90640
323-887-1397
From: Alexandria Hernandez [mailto:[email protected]] Sent: Wednesday, May 12, 2021 2:56 PM
To: Salazar, Arlene; Bobadilla, Rene; Caltitla, Zoraida Subject: Public Comment-Read On The Record
The Mayor’s violation of the Brown Act is appalling and shows her i nability to lead our community. She is vindictive, a teller of untruths, and abusive. Mayor Cobos-Cawthorne is adopting the same methods of attack that she and her mother employed during their reign of terror and the conspiracies they promoted under the disguise of Match 90640. The Mayor’s mother is on social media attacking a city employee who has filed a legal complaint against her daughter on the “You know you’re from Montebello” Facebook page. The page’s Facebook administrators and close friends of the Mayor (David John Sanchez and Maribel Briseno) should be held accountable for allowing the city employee’s name to be slandered and subject to vicious attacks by the Mayor’s friends. ---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS.

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#53
1 Guillen, Kimberly (Admin)
From: Caltitla, Zoraida
Sent: Wednesday, May 12, 2021 3:03 PM
To: Guillen, Kimberly (Admin)
Subject: FW: Council Meeting Public Comment
FYI
Zoraida Caltitla
Office Manager
City Manager’s Office
1600 W. Beverly Blvd.

Montebello, CA 90640
323-887-1397
From: Bobby Escamilla [mailto:[email protected]]
Sent: Wednesday, May 12, 2021 3:02 PM
To: Salazar, Arlene; Bobadilla, Rene; Caltitla, Zoraida Subject: Council Meeting Public Comment
Mayor Kimberly Cobos-Cawthorne'
s mother is leading an attack on the city attorney and Brad Perrin under the disguise of Montebello Anonymous. She is spreading blatant lies about the golf course and the city attorney's role in the recent deal and vote, and has been allowed to do so freely without consequence. This is not right. If Kimberly Cobos-Cawthorne was not on the city council, the city attorney would have taken legal action against the Mayor's mother. Instead, he allows such attacks to go unchecked for the purpose of job preservation. The Mayor's mother is apparently running our city through intimidation and no one is willing to stand up against her.
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***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** #54
1 Guillen, Kimberly (Admin)
From: Caltitla, Zoraida
Sent: Wednesday, May 12, 2021 3:12 PM
To: Guillen, Kimberly (Admin)
Subject: FW: Public comment for council meeting
FYI
Zoraida Caltitla
Office Manager
City Manager’s Office
1600 W. Beverly Blvd.

Montebello, CA 90640
323-887-1397
From: Jonathon Chan [mailto:[email protected]]
Sent: Wednesday, May 12, 2021 3:06 PM
To: Salazar, Arlene; Bobadilla, Rene; Caltitla, Zoraida Subject: Public comment for council meeting
Honorable council m
embers,
As a resident of North Montebello, I am requesting that the city council does not provide legal representation to Kimberly Cobos-Cawthorne, the Mayor of Montebello. She has behaved outside of the scope of her duties as a councilwoman and Montebello residents should not be required to cover her legal expenses. Cobos-Cawthorne's alleged behaviors and actions must be questioned and if found to be done with malicious intent, any legal costs should be directed to her.

Thank you.
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***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** #55
1 Guillen, Kimberly (Admin)
From: Caltitla, Zoraida
Sent: Wednesday, May 12, 2021 3:23 PM
To: Guillen, Kimberly (Admin)
Subject: FW: Comment for the city council meeting
FYI
Zoraida Caltitla
Office Manager
City Manager’s Office
1600 W. Beverly Blvd.

Montebello, CA 90640
323-887-1397
From: Anonymous Name [mailto:[email protected]]
Sent: Wednesday, May 12, 2021 3:21 PM
To: Salazar, Arlene; Bobadilla, Rene; Caltitla, Zoraida Subject: Comment for the city council meeting
Madam
Mayor Kimberly Cobos-Cawthorne is a blessing to our little city on the hill. She has worked tirelessly to be transparent and to make sure city employees are behaving correctly. She shows compassion for our residents and isn't afraid to take the lead and influence departments that need improvement. She believes in holding people accountable and she has only done what has been in the best interest of the city. Recently, she expressed how it is unfair that she is the mayor during a pandemic and how she hasn't been able to do everything she wants to do for our city. She expressed some interest in serving a consecutive second term as Mayor and Kimmy deserves it. Montebello should be honored to have such a great leader who is first on the scene with the Fire Department and Police Department. Thank you Mayor, you have earned the praise.

L. Fuentes
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***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** #56

ITEM NO. 10 -
CDBG

ITEM NO. 11 -
(ADOPT RESOLUTIONS ADOPTING

COMPREHENSIVE MEMORANDUMS

OF UNDERSTANDING)
1 Guillen, Kimberly (Admin)
From: Chris Tyni <[email protected]>
Sent: Tuesday, May 11, 2021 12:38 PM
To: comment, ccpublic
Honorable Members of the Montebello City Council,
My name Chris Tyni and I have had the pleasure of serving the Montebello Community for the last 15 years as a member of the Montebello Police Department. I am speaking today with the hopes of gaining your support for approval of the Comprehensive Memorandum of Understanding which will be presented to you this evening. The Comprehensive Memorandum of Understanding is something that the members of the Montebello Police Department have been seeking for many years. The Comprehensive Memorandum of Understanding which will be presented to you is the culmination of years of work, including the assistance of an outside consultant. This Comprehensive Memorandum of Understanding is essential not only for the members of the Montebello Police Association, but for the City of Montebello as well. The Comprehensive Memorandum of Understanding before you will lay the foundation between the Montebello Police Officers Association and the City of Montebello for years to come. This Memorandum of Understanding is something that we (The Members of the Montebello Police Officers Association and the City of Montebello) have been lacking for some time.

The Memorandum of Understanding is an industry standard and will bring forth the professionalism that the community of Montebello seeks from its City Employees. I thank you for your time and consideration in approving the Memorandum of Understanding between the Montebello Police Officers Association and the City of Montebello.

Sincerely,
Chris Tyni; Vice President of the Montebello Police Officers Association.

Sent from my iPhone
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***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***
#1
1 Guillen, Kimberly (Admin)
From: Phillip Viebrock <[email protected]>
Sent: Wednesday, May 12, 2021 7:51 AM
To: comment, ccpublic
Subject: City Council Comment Card
To Madam Mayor, City Council and City Staff
I want to voice my support for the current purposed MOU between the City and the MPOA. Having an MOU is a standard for agencies because of its importance of outlining the agreed benefits between the City and the employees.

The MPOA has been promised an MO U for some time now and while the current purposed MOU is not as comprehensive as most would expect it to be, it is a great starting point. The MPOA has been working diligently with the City to create the current purposed MOU. The MOU contains terms already agreed upon between the City and the MPOA. The MPOA will happily continue to work with the City to add to the purposed MOU. Thank you for your continued support, as well as, your time and consideration.

Respectfully,
MPOA Member Phillip Viebrock
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***PLEASE DO NOT CLICK ON UNKNOWN LINKS.

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#2
1 Guillen, Kimberly (Admin)
From: park1776 <[email protected]>
Sent: Wednesday, May 12, 2021 7:55 AM
To: comment, ccpublic
Subject: MPOA
Dear Members of the Montebello City Council,
Thank you for your review and consideration of our Memorandum of Understanding. I have found the MOU to be accurate and fair in all aspects of our prior and new agreements to our dedicated men and women of the Montebello Police Department. Thank you for your leadership and dedication to the City of Montebello.

Best regards,
David Park, board member of the Montebello POA
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***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** #3
Madam Mayor, City Council, City Manager and Assistant City Manager; On behalf of the Montebello Police Officer’s Association, I would like to thank you for the opportunity you have provided for us to speak about the important matter of the comprehensive memorandum of understanding (MOU) . The MPOA has been attempting to obtain a comprehensive MOU from the City dating back to early 2000’s. These attempts have never progressed from the level of conversation and on April 10, 2013 in a signed MOU with then City Administrator Francesca Tucker-Schuyler, the City agreed to the following:
“The City shall provide MPOA with a draft comprehensive MOU’s summarizing the wages, hours, and working conditions of the MPOA employees within 90 days of approval of this Agreement.

Thereafter, the parties shall work jointly to ensure the MOU’s accuracy and completeness. The final comprehensive MOU shall be presented to the City Council for approval.” Over the following years the MPOA repeatedly continued to request a comprehensive MOU with the City and the City refused to meet the terms they had agreed to in 2013.

In March of 2020 the MPOA opened dialogue with then recently hired Human Resources Director Nicholas Razo regarding this issue. Mr. Razo rec ognized the importance and the need of having a comprehensive MOU. Since, Mr. Razo has been in constant communication with the MPOA and has kept us appraised of the City’s progress on this matter. The MPOA recognizes that the task of comprising an accurate MOU is not as simple as it may sound and in early 2021 the MPOA was presented with the initial draft of the proposed MOU. The MPOA Board and City Staff then met several times to ensure the accuracy of the MOU. The MPOA Board has reviewed the proposed comprehensive MOU and have agreed that it is an accurate reflection of the previously agreed to provisions. With subsequent MOU’s the goal would be to add agreed upon provisions to ensure we have thorough MOU’s and further strengthen City and MPOA guidelines. The MPOA strongly believes that this is a gr eat baseline, and has full confidence in the current City Staff in that they will continue to work with the MPOA in adding needed provisions that would improve the MOU until it meets that of the industry standard.

The MPOA greatly appreciates the tremendous support that City Manager Rene Bobadilla and Assistant City Manager Arlene Salazar, have displayed from day one and have worked with the Human Resources Team to accomplish this task. The MPOA would like t o thank all that have worked on getting us to the point that we have reached on this specific matter.

Thank you for your time and consideration in the approval of this MOU.

R
espectfully MPOA President
Omar Rodriguez
#4
1 Fernandez, Alicia
From: Craig Adams <[email protected]>
Sent: Wednesday, May 12, 2021 1:06 PM
To: comment, ccpublic
Subject: MPOA Comprehensive MOU
Dear City Council,
I am respectfully requesting approval of the comprehensive MOU presented by the Montebello Police Officer’s Association. The MOU is an important document for a number of reasons‐the least of which provides a framework for the employment of police officers within the city of Montebello. This not only allows potential employee s to research all the city has to offer but provides direction to current employees on benefits, rules and regulations and incentives obtained during contract negotiations. The timing for the request is ideal due to the fact City Hall employees appear not only willing to work with the MPOA but actually have the capacity to‐ unlike in years past. Thanks for your consideration in this matter.
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***PLEASE DO NOT CLICK ON UNKNOWN LINKS.

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#5
1 Fernandez, Alicia
From: Camuy, Juan
Sent: Wednesday, May 12, 2021 1:10 PM
To: comment, ccpublic
Subject: MOU support
Greetings,
I am a MPOA member and respectfully submit my support for a Comprehensive Memorandum of Understanding.

Thank you.
#6
1 Fernandez, Alicia
From: Katie Ferrari <[email protected]>
Sent: Wednesday, May 12, 2021 1:46 PM
To: comment, ccpublic
Greetings honorable mayor and council,
As a board member of the Montebello Police Officers Association, I would like to show my support for a comprehensive MOU. Being a lateral who has come from an agency with a concrete MOU I can tell you how important it is to have one in place.

Regards,
Katie Ferrari
Sent from my iPhone
‐‐‐
***PLEA
SE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** #7
1 Fernandez, Alicia
From: Padilla, Vanessa
Sent: Wednesday, May 12, 2021 2:26 PM
To: comment, ccpublic
Subject: Comment for Item #11
Honorable Mayor, City Council Members, and Staff:

On behalf of the Montebello Supervisors Association, I would like to show our support for the comprehensive memorandum of understanding (MOU). Through our combined efforts, we are presenting what we believe is a document encompassing all of our historical negotiations.

As far back as our records indicate, an MOU has been requested from the City to negative results. The acceptance of this document demonstrates a positive step forward in the relationship between the City and its employees.

I would like to extend our gratitud e to the Human Resources team in putting together this document. We recognize all of the effort they put forth in working with each and every group. It was no easy task; and yet there was no question or concern left unanswered.

As our City continues to modernize its processes and procedures we hope that an established comprehensive MOU will continue to not only attract but keep our top quality employees that continue to propel the City forward.

As a newer association, we recognize how crucial it is for our group to have a physical record of previous negotiated terms. It is our hope moving forward that this MOU will give both parties an equal platform to negotiate fair and competitive compensation and benefits. Please allow me to emphasize again how important this document is to our association and to the future of our City. We have worked countless hours to prepare and now present this document for your approval.

Thank you for your consideration.

Respectfully submitted,
Vanessa Nava
Montebello Supervisors Association
President
323-494-787
8 Vanessa Padilla Nava
Grant and Project Administrator
Police Department, City of Montebello
1600 W Beverly Blvd. Montebello, CA 90640
p: 323-887-1200 ext. 238 c: 323-246-3954
w: www.cityofmontebello.com e: [email protected] #8
1 Fernandez, Alicia
From: Smith, Stacey
Sent: Wednesday, May 12, 2021 2:38 PM
To: comment, ccpublic
Subject: Item #11
Honorable Mayor, City Council Members, and Staff:

I would like to extend our gratitude to the Human Resources team in putting together this document. We recognize all of the effort they put forth in working with each and every group. It was no easy task; and yet there was no question or concern left unanswered.

Thank you for your consideration.

Respectfully submitted,
Stacey Smith
Montebello Supervisors Association
Stacey Smith
Communications Supervisor
Police Department, City of Montebello
1600 W Beverly Blvd. Montebello, CA 90640
p: 323-887-1209
w: www.cityofmontebello.com e: [email protected] #9
1 Fernandez, Alicia
From: Navarro, Monique
Sent: Wednesday, May 12, 2021 2:38 PM
To: comment, ccpublic
Subject: Item 11
Honorable Mayor, City council Member and Staff,
I am on the MSA board and have been assisting with drafting up a revised comprehensive MOU for our organization. This is something we are looking forward to getting completed and having something that we can refer to. I have worked for the city for over 30 years and I am extremel y excited to see the city moving forward with updating our MOU, it is long overdue. I am very grateful to the Human Resources unit for all of their time, effort and hard work they have put into this project and kept all of the org anizations involved and updated as well as asking for any input is assisting with the MOU’s. This document is imperative to our future and the future of new employees, having documentation to refer to and compare to other cities is a must. As an employee who has been here for ov er 30 years and seeing the turn the city is taking to update the MOU as well as work on other projects makes me feel like they are finally taking into consideration their employees and making us feel important.

Respectfully
Monique DelliBovi
Records Supervisor
Police Department, City of Montebello
1600 W Beverly Blvd. Montebello, CA 90640
p: 323-887-1224
w: www.cityofmontebello.com e: [email protected] #10
1 Fernandez, Alicia
From: Michael Lyon <[email protected]>
Sent: Wednesday, May 12, 2021 2:21 PM
To: comment, ccpublic
Subject: MPD memorandum of understanding
Mayor, City Council and Staff,
I would like to thank you for taking the time to review and allowing the MPOA the opportunity to address the comprehensive memorandum of understanding (MOU). I am glad the the current version of the MOU has been brought back to the attention of the council. Being a newer memb er of the MPOA board, I am very excited to have the opportunity to work with a lot of great people on making future improvements to the Montebello Police Departments MOU.

Thank you again for all that the council members along with city staff do to provide the best service to the citi zens of Montebello. Looking forward to a bright future here in Montebello! Best,
Michael Lyon
MPOA board member
‐‐‐
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** #11
1 Fernandez, Alicia
From: Marc Marty <[email protected]>
Sent: Wednesday, May 12, 2021 2:35 PM
To: comment, ccpublic
Subject: MPOA Comprehensive MOU
Good evening Montebello City Council!
My name is Marc Marty and I am a member of the Montebello Police Officers’ Association. I am writing you this evening to express my support for a comprehensive MOU with our city.

I have been a city employee for approximately 20 years and in those 20 years, I have been involved in our police association in some form or another as a board member, treasurer and president for about 15 years. In those 15 years we have attempted to put together a comprehensive MOU and have yet to succeed.

This is the first time we have had excelle nt dialogue with city staff working together to accomplish this time consuming task. The time is now! Let’s continue with tue process and complete our MOU.

In my time as an employee with the city of Montebello i have never seen it flourishing as it is now. We have be come a progressive city and I’d love to see the momentum continue to move forward.

I am absolutely in favor of a comprehensive MOU and I believe you should be to! Thank you for your support!
Marc Marty
MPOA Member
Sent from my iPhone
‐‐‐
***PLEASE DO NOT CLICK ON UNKNOW N LINKS. Contact Montebello IT Division if you are unsure.*** #12
1 Guillen, Kimberly (Admin)
From: Caltitla, Zoraida
Sent: Wednesday, May 12, 2021 2:59 PM
To: Guillen, Kimberly (Admin)
Subject: FW: Public comment
Attachments: Comprehensive MOU Public Comment.docx
FYI
Zoraida Caltitla
Office Manager
City Manager’s Office
1600 W. Beverly Blvd.

Montebello, CA 90640
323-887-1397
From: Kim, David
Sent: Wednesday, May 12, 2021 2:56 PM
To: Caltitla, Zoraida
Cc: Razo, Nicholas; Mooshagian, Nicole; Camacho, Kathleen Subject: Public comment
G
ood afternoon,
Please see attached public comment. Do I need to send it to [email protected]? Thank you.

Lieutenant D
avid Kim #1298
Montebello Police Department
Investigations Bureau
1600 W. Beverly Boulevard
Montebello CA 90640
(323)887-1200 Ext. 293
[email protected]
#13

1 To: Madam Mayor, City Council, City Manager and Assistant City Manager,

On behalf of the Montebello Police Management Association, I would like to thank our City Manager, Assistant City Manager, Human Resources and all city staff who played a role in revising the comprehensive MOU for the Montebello Police Management Association. I’ve been proudly serving our community since 1996 and was recently appointed to serve as the president of the MPMA. During our recent negotiation, the city and the MPMA agreed to a comprehensive MOU. The City Manager, Assistant City Manager and Human Resources team has since worked hard in putting together a draft comprehensive MOU. The HR director, Nicolas Razo and I met numerous times to finalize the comprehensive MOU to make sure that all the past agreements, addendums and side notes were included into one document. The city staff went further and adopted some of the agreements into a city policy. This comprehensive MOU has been long overdue and it will set the precedent into future agreements to follow. Once again, I would like to thank the City Manager, Assistant City Manager and Human Resources team for taking the time to revise the comprehensive MOU. I also would like to thank Madam Mayor and City Council members in advance for consideration of approving the comprehensive MOU.

President of the MPMA,
David Kim

ITEM NO. 12 -

CITY COUNCIL TERMS
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SPEAKER REQUEST CARD
PLEASE NOTE: ADDRESS AND PHONE NUMBER ARE
OPTIONAL AND NOT REQUIRED TO SPEAK.
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Name_W�i�lA _1arn_· ��--_.....�b-✓l_1f.vi_�..,,...o/-◊_·3"7"""',�--P��l'YJ�------ Address (optional) ______________________ _
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Topic #f:J- -Cfj Oou.not I Twn Lim1fs -{Did no! IIJ4nf� � if fu (Please be specific) l<KMf OfPDS"t) 01 �rl)� lk-ffi.)
(The instructions on the back will assist you in expressing your views) ITEM NO. 15 & 16 - Natasha Lane
1 Guillen, Kimberly (Admin)
From: mde4peace <[email protected]>
Sent: Wednesday, May 12, 2021 11:08 AM
To: comment, ccpublic
Subject: Public Comments to be read at Montebello City Council meeting May 12, 2021 To: City Council, Staff and Departments
From: Margot Eiser, resident, taxpayer, voter
Re: Comments to be read at Montebello City Council meeting May 12, 2021 and entered into the public record and responded to when requested.

Note to Reader, Please add "Thank you" at end of each.

Item 15 & 16-I am probably not the only one who is curious about this.

Item17-First, you must immediately change all signs and start to use the proper term to describe and advertise what is and always has been OUR municipal GOLF COURSE. Next, it is vitally important that you , who are supposed to be our representatives, must insist that the new management company is always working for the benefit of the City. I suggest that you consult with other cities which run very successful public golf courses with additional facilities. Third, WE, the residents, residents, taxpayers, voters must be notified and involved and oversee the entire process before making any changes proposed by the company. #1
ITEM NO. 17 - GOLF COURSE
1 Guillen, Kimberly (Admin)
From: mde4peace <[email protected]>
Sent: Wednesday, May 12, 2021 11:08 AM
To: comment, ccpublic
Subject: Public Comments to be read at Montebello City Council meeting May 12, 2021 To: City Council, Staff and Departments

From: Margot Eiser, resident, taxpayer, voter

Re: Comments to be read at Montebello City Council meeting May 12, 2021 and entered into the public record and responded to when requested.

Note to Reader, Please add "Thank you" at end of each.

Public Orals- I recommend that you arrange all the technicalities needed to have City Council and other public meetings be done as Zoom meetings. This can be used successfully and effectively. I recently participated in an elaborate event with numerous other people which provided for interaction in various ways. I recommend continuing to use Zoom even when in person meetings are resumed because that would encourage and give many more people the opportunity to participate in the running of our city!

Item 15 & 16-I am probably not the only one who is curious about this.

Item17-First, you must immediately change all signs and start to use the proper term to describe and advertise what is and always has been OUR municipal GOLF COURSE. Next, it is vitally important that you , who are supposed to be our representatives, must insist that the new management company is always working for the benefit of the City. I suggest that you consult with other cities which run very successful public golf courses with additional facilities. Third, WE, the residents, residents, taxpayers, voters must be notified and involved and oversee the entire process before making any changes proposed by the company. #1
2 We must have input and impact on all decisions. This could be accomplished by having an active Golf Course Commission made up of only concerned residents.

Item 23-Relieved that you heeded the will of us the people, residents, tax payers, voters and are upholding the denial of the proposed General Plan zone change . You have our support to continue to maintain the integrity of a such a special neighborhood despite pressures. This matter demonstrates how important it is for all of us to be actively involved in formulating the New General Plan so that it can include and protect what is unique and important and include what we want and need in the various areas of the city. It would be wise to add provisions that make it harder for outside entities to try to change it.

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***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** #1

ITEM NO. 23 -
(IN SUPPORT OF RESOLUTION TO

DENY BRANDYWINE PROJECT)
ITEM NO. 23 - BRANDYWINE DENIAL OF APPLICANT
Comment # Name In Support
In
Opposition
1 Giovanni Sergi X
2D e Anne Heacock X
3 Ernesto Casas X
4 Tom and Alexandria Uch X
5 Cesar Vega X
6 Mario Martinez X
7 Anthony Brand X
8 Anakuh Pena X
9 Stephen Patino X
10 Chris Andrews X
11 Veasna Eng X
12 Margo Eiser X
1 Guillen, Kimberly (Admin)
From: Giovanni Sergi <[email protected]> Sent: Wednesday, April 14, 2021 4:10 PM
To: comment, ccpublic
Subject: 301 Jacmar Dr
Montebello City council,
My name is Giovanni Sergi. I live at 844 South 3rd St in Montebello and I'm opposed on the construction of the 31 units at 301 Jacmar. Please consider the following below.

1. Traffic and parking will impact our neighborhood

2. Parking will be an issue look at the other townhome s on Washington/Bluff and Olympic/Greenwood and how many cars surround those properties. Look at streets and how congested they are.

3. The residents have spoken and presented you with 551 signatures opposing this project.

4. The re-zoning his only considered for a former city official.

5. At the January 5, 2021 hearing, the Planning Commission ultimately voted to recommend to the City Council denial of the proposed project due to off‐site parking concerns by a 3‐2 vote.

6. The residents of South Montebello do not deserve this.

Respectfully
Giovanni Sergi
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***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** #1
1 Guillen, Kimberly (Admin)
From: De Anne Susino <[email protected]>
Sent: Wednesday, April 14, 2021 4:20 PM
To: comment, ccpublic
Subject: Jacmar / District based elections
The development of 31 units on Jacmar would take a longstanding neighborhood of single family residences with strong property values and create a high-density neighborhood where neighbors fight over street parking, and people, traffic, and noise pollution expand rapidly. It's a terrible idea.

Instead, the council should consider providing incentives to developers to partner with the City and create affordable housing in areas that help uplift the neighborhoods. Some of the industrial properties and dilapidated homes on larger lots are ideal for this kind of development. If the Council focused on these types of properties to encourage development, it would benefit the entire city, not just a developer and a few people in town.

The other issue I'd like to address is District-based elections. I've lived in south Montebello all my life, and I know I speak for many "southsiders" when I say we feel unrepresented. Most all of the council members present and past (with a few exceptions) do not live in south Montebello. We have unique needs in the south; for example, the riverbed and water company activity in our neighborhoods, grow houses opening up in the industrial areas, etc. I feel it's time we grow into a system that guarantees representation of each unique section of Montebello. Something needs to change. Our city has been stuck in time for decades. I'm asking you to take a chance and take us in a different direction that is working in our neighboring cities.

Thank you!
De Anne Heacock-Susino
Lifelong Resident
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***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** #2

THE FOLLOWING WILL BE READ FOR CLOSED SESSION
1 Guillen, Kimberly (Admin)
From: Ernesto Casas <[email protected]>
Sent: Wednesday, April 14, 2021 4:44 PM
To: comment, ccpublic
I am a resident of Montebello, I deny the proposal .
301 Jacamar Dr. 31 units Townhome project.

I live on 732 S Spruce St, Montebello, CA 90640
Ernesto Casas
Cell phone 323-810-3859
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***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** #3
1 Guillen, Kimberly (Admin)
From: [email protected]
Sent: Wednesday, April 14, 2021 5:22 PM
To: comment, ccpublic
Cc: [email protected]
Subject: 301 Jacmar Propoesd Project
April 14, 2021
City Council of Montebello
Dear Council Members,
We are the resident home owners and enjoyed living in the affected community for more than 35 years.

I. We oppo
se the 31 3-Story proposed condo project because of:
a) More additi
onal traffics and crowded parking
b) Potential crime
s and drug activities
c)
Drop in property values
II.

If the City needs more additional housing, the Planning Dept. and the Hou
sing Authority can and should solicit available locations such as:
a) The
south east corner of Whittier Blvd and Bluff Rd.
b) The
south west corner of Olympic Blvd and Montebello Blvd
c) Th
e south east corner of Olympic Blvd and S. Park Ave.
d) The
south west corner of Garfield Ave and Via Campo
f) The no
rth east side of E Lincoln Ave and E Azalea Dr.
( about 40% owed by M
ontebello, 60% by Pico Rivera )
III. Not a singl
e person living on 3rd street and Jacmar supports
the Con
do project except those people who do NOT live in the
affected community.

Your crucial deci
sion tonight will affect this peaceful community for
the next 75 to 100 years to come.

Thank you
Sincerely.

Thom T. Uch
Alexandria I. Uch
841 S 3rd Street
Montebello, CA 90640
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***PLEASE DO NOT CLICK ON UNKNOWN LINKS.

Contact Montebello IT Division if you are unsure.***
#4
1 Guillen, Kimberly (Admin)
From: Cesar Vega <[email protected]>
Sent: Wednesday, April 14, 2021 5:36 PM
To: comment, ccpublic
Subject: Agenda item #12
To whom it may concern,
My name is Cesar Vega and I live at 848 s 3rd St. in the city of Montebello just 4 houses away from the proposed construction site.

I have lived at this address since late 2000 and have always had a good relationship with all my neighbor's past and
present,
including my neighbor Mr. William (Bill) Molinari.

I personally have had the pleasure of calling him my friend for all the years that Ive known him.

Ive looked out for him when a strange car was parked in front of his home or when he needed my help I volunteered my time on his campaigns. I made signs and walked the streets of north and south Montebello
asking for peoples votes for Bill as Mayor and as City Councilman.

However, it has come to my attention that Bill wants to level his home and have a company by the name of Brandywine come into our
neighborhood and build 31 units as well as Re‐Zone our street.

I personally am appalled and completely against this project.

I write today to ask that you please consider not Re‐zoning our street and to put a halt to this project. our street has already s
een an increase in vehicle traffic, as well as crime in the last few years.

I believe that building 31 units would increase both crime and traffic. vehicles coming in and out of our street as well as parking would become a big problem.

I understand that the parking for the tenants would be tandem garages. I ask you tod ay, do we really need to
be so ignorant as to think that somebody wants to be blocked in by another car in their own home? that these Tenants as well as friends and family of such will not just park out on Jacmar, s.3rd and 4th St.? When the units that are on the corner of Washington and Bluff Rd. were being constructed Bill spoke to me about how upset he was with the contractor because he felt that they lied to him about how far the project would be from his home
, his words were
" well they said they wouldn't be so close and look! they built that darn thing right up to my back yard".

If you go to google maps and look at 201 ‐ 213 Juniper way. you can clearly see that from the 1st floor of the complex one can see cl
early into Mr. Molinari`s back yard and into his house with minimum to no privacy when seen from a higher floor.
#5
2 I read the article that was sent to me by Brandywine where Bill states "I have lived here for over 30 years why would I propose something that would be bad for the neighborhood?" well, the answer is simple and we would be blind to not see it.

Money... that's why and if you lined my pockets with a bunch of money, I too would be inclined to sell my house and be all in for building 25 Units on my property.

I wish not to creat
e bad blood between Bill and myself, But I would rather like to make him see that this is no t what our neighborhood needs.
‐Cesar.

Cesar J.

Vega

Shop Foreman

MORROW MEADOWS CORPORATION

231 Benton Court,

City of Industry,

91789

O: (909) 598-7700

M: (909) 772-5512

[email protected]

MMC Website

#MMC123

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***PLEASE DO NOT CLICK ON UNKNOWN LINKS.

Contact Montebello IT Division if you are unsure.***
#5
1 Guillen, Kimberly (Admin)
From: Mario Martinez <[email protected]>
Sent: Wednesday, April 14, 2021 5:45 PM
To: comment, ccpublic
Cc: [email protected]
Subject: Jacmar house planning project
To whom it may concern,
Many members of the neighborhood (including myself) strongly oppose the Jacmar project. The neighborhood has been inundated with housing projects within the last 10-15 years. Finding parking it’s a mission in itself that can be stressful. I often see people parking their vehicles blocks away in our current living conditions. Vehicular influx will also affect the quality of life in the neighborhood.

Beach street between Greenwood Ave. and Bluff Rd.has needed some major uplifting within the last 7 years, why hasn’t this not been done? Now imagine adding 31 homes , what would that do to our neighborhood streets? Why not give our neighborhood a break and focus on building more housing on the north side of Montebello. Those beautiful hills have a lot of space that will give new tenants a beautiful view of Montebello or the San Gabriel valley.

Thank you,
-Mario
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***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***
#6
1 Guillen, Kimberly (Admin)
From: Anthony Brand <[email protected]>
Sent: Wednesday, April 14, 2021 6:51 PM
To: comment, ccpublic
Subject: NO TO 31 unit townhouses
Montebello city council,
Please STOP the zone change to allow 31 unit townhouses at 301 jacmar Dr., Montebello. In the middle of residential neighborhood. PLEASE call or email your opposition! We residents to vote NO and opposed this housing project. Thank you!!
Sent from EL iphone
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***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***
#7
1 Guillen, Kimberly (Admin)
From: Anakuh Pena <[email protected]>
Sent: Wednesday, April 14, 2021 7:01 PM
To: comment, ccpublic
Subject: 301 jacmar
As a long time resident, living in here in Montebello has given me a sense of community and space that is hard to come by now a days. People being crammed into the smallest space possible is not healthy. Thinking of all the people that will come to the community should this go thru will have more people stacked on top of each other straining already tight resources. I chose a home here in Montebello because I didn't want to live tightly packed. No one's gonna wanna live next this.
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***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** #8
1 Fernandez, Alicia
From: Stephen Patino <[email protected]>
Sent: Thursday, April 15, 2021 10:03 AM
To: comment, ccpublic
Subject: Subject : item #12 31 units
Subject: Ite
m #12 31 Units
Thank you for the opportunity to express my concern over the proposed 31 Units on Jacmar. As a resident of the Southside of Montebello just a couple blocks from Jacmar I want to tell you about my experience of living here.

I’ve been a resident of the southside since Sep t and prior to moving here I was looking for a place to call home that provided the quality of life I was seeking and deserve. Thus far most neighbors have been nice, but the one thing I have noticed is the horrible parking situation. Given my proximity to the proposed project this concerns me highl y because I’ve now even heard I may have to go into a permit parking section which I find bad. If we already have issues with parking now without the project why don’t you consider building a parking structure. You can still make money tha t way and maybe make even more than the $200k you will gain from this.

In addition the streets here haven’t been paved and all my visitors complain about having to drive through these streets.

I thought I had moved away from that but the lack of attention and now this project is not the quality of life I had the vision of.

I really
hope you think about that and think about where you live and how you would like 31 structures moving in next door to you tomorrow and how your neighbors will react when you tell them yo u are considering to do this next door to you and them. Think about these structures on your current block now not Jacmar and see if you would say yes right now.

I want to continue to live here and raise my family here but you must consider the impacts you will have on me and my decisions to stay here with your vote. I kindly ask that you not supp ort this project.

Stephen Patino
(323) 335‐0705
‐‐‐
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** #9
1 Fernandez, Alicia
From: Chris Andrews <[email protected]>
Sent: Thursday, April 15, 2021 11:09 AM
To: comment, ccpublic
Subject: 301 Jacmar
Hello,
My name is Chris Andrews and I am sending this email to voice my dissent for the condominium project at 301 Jacmar.

My family has lived on the south side of Montebello for 71 years. We have continually been witness to the abandonment of the concerns of south side residents by the city for years. Ther e are members of the city government that specifically call upon residents of the south side when they need our votes (David Torres, Scarlet Peralta, Kimberly Ann Cobos‐Cawthorne, etc.). Now the south side is calling on them. We need improved infrastructure. We need improved schools. We need to build up and nurture commercial opportunities along the Washington Blvd corridor. What we do not need is even worse parking, more congestion, taller building, and less green space. The residents of the south side community are good people that just want their voices heard. Apparently, we have to shout louder bec ause we aren’t on top of a hill. I am asking for your help in voting against this building project and calling on you to give back to the residents of the south side that continually give to you.

Thank you for reading this,
Chris Andrews
‐‐‐
***PLEASE DO NO
T CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** #10
1 Fernandez, Alicia
From: Veasna Eng <[email protected]>
Sent: Thursday, April 15, 2021 12:43 PM
To: comment, ccpublic
Subject: Oppose to zone change on Jacket Dr.

Hello,
I live on s 4th st in Montebello and I would like to put in my vote to oppose the zone change.

Thanks,
Veasna Eng
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***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** #11
1 Guillen, Kimberly (Admin)
From: mde4peace <[email protected]>
Sent: Wednesday, May 12, 2021 11:08 AM
To: comment, ccpublic
Subject: Public Comments to be read at Montebello City Council meeting May 12, 2021 To: City Council, Staff and Departments
From: Margot Eiser, resident, taxpayer, voter
Re: Comments to be read at Montebello City Council meeting May 12, 2021 and entered into the public record and responded to when requested.

Note to Reader, Please add "Thank you" at end of each.

Item 15 & 16-I am probably not the only one who is curious about this.

Item17-First, you must immediately change all signs and start to use the proper term to describe and advertise what is and always has been OUR municipal GOLF COURSE. Next, it is vitally important that you , who are supposed to be our representatives, must insist that the new management company is always working for the benefit of the City. I suggest that you consult with other cities which run very successful public golf courses with additional facilities. Third, WE, the residents, residents, taxpayers, voters must be notified and involved and oversee the entire process before making any changes proposed by the company. #12
2 We must have input and impact on all decisions. This could be accomplished by having an active Golf Course Commission made up of only concerned residents.

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***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** #12

CITY OF MONTEBELLO CITY COUNCIL/SUCCESSOR AGENCY

REGULAR MEETING AGENDA

M I N U T E S

WEDNESDAY, MAY 26, 2021 AT 5:30 P.M.

CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD

MONTEBELLO, CALIFORNIA

OPENING CEREMONIES

CALL TO ORDER – Mayor Cobos-Cawthorne called the meeting to order at 5:37 p.m.

ROLL CAL L – Members present were Mayor Cobos -Cawthorne, Mayor Pro Tem Torres, Councilmember Jimenez, Councilmember Melendez, and Councilmember Peralta. Treasurer Gutierrez and City Clerk Jimenez were also present.

PUBLIC COMMENTS FOR CLOSED SESSION ITEMS
Ms. Kimberly Guillen, Assistant to the Deputy City Clerk, called one (1) member of the public wishing to address the City Council. The speaker was provided three minutes to address the City Council and said speaker card is on file at the City Clerk’s Office.

CLOSED SESSION – 5:30 P.M.

Mayor Cobos -Cawthorne recessed the meeting into Closed Session at 5:43 p.m. to consider the following closed session items:

1. THREAT TO PUBLIC SERVICES OR FACILITIES
Government Code Section 54957
Consultation with City Manager, Police Chief, City Attorney and other related City officials

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Abraham Yuen v. City of Montebello, et al. USDC Case No. 2:20-CV-00755-MWF-PLA

May 26, 2021: City Council Meeting Minutes Page 2 of 8

3. CONFERENCE WITH LEGAL COUNSEL – POTENTIAL LITIGATION Government Code Section 54956.9(d)(2)
Significant exposure to litigation in 1 case – CVRA

4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Government Code Section 54956.8
Property: 1345 N. Montebello Blvd.

Agency’s Negotiator: René Bobadilla, City Manager
Negotiating Party: M&M Realty
Under Negotiation: Price and Terms

Mayor Cobos -Cawthorne reconvened the meeting at 6:34 p.m. During Closed Session the City Council received a briefing on Item s: 1, 2, 3, and 4 there was no direction or action taken. Nothing to report.

REGULAR SESSION – 6:30 P.M.

INVOCATION – City Clerk Jimenez

FLAG SALUTE – Navek and Maneh Sargsyan

CORRECTIONS TO THE AGENDA – CITY MANAGER – City Manager, René Bobadilla, announced one correction to the City Council Agenda. On It em #10, recommendation number two (2) to adopt a Resolution No. 21-39 amending the Master Fee Schedule was removed.

PUBLIC COMMENTS ON NON-AGENDA ITEMS (30 MINUTES)
Ms. Kimberly Guillen, Assistan t to the Deputy City Clerk, called seven (7) members of the public wishing to address the City Council. Speakers were provided three minu tes to address the City Council and said speaker cards are on file at the City Clerk’s office.

City Attorney, Arnold Alvarez-Glasman, acknowledged ten (10) public comments submitted to the City’s public comment email address. Said comments are on file at the City Clerk’s office.

PRESENTATIONS

5. RECOGNITION OF LIANA COHEN MUSIC FESTIVAL AND MTAC ROMANTIC PIANO COMPETITION WINNERS – NARK SARGSYAN AND MANEH SARGSYAN – Presented by Mayor Cobos-Cawthorne

6. RECOGNITION OF NONA ZAKHARYAN – Presented by Mayor Cobos-Cawthorne

7. INITIAL FISCAL YEAR 2021 -2022 BUDGET OVERVIEW – Presented by Finance Director Michael Solorza

Council had an opportunity to ask questions related to the Fiscal Budget . Council thanked Mr.

Solorza for the presentation.

May 26, 2021: City Council Meeting Minutes Page 3 of 8

The Council recessed for a brief break at 7:14 p.m. and returned at 7:20 p.m.

City Manager Bobadilla stated that the City was in the process of creating a summary matrix of the results at the Strategic Planning Session for Council distribution.

STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST
City Manager Bobadilla stated that the City received correspondence from the U.S. Dep artment of Housing and Urban Development (HUD) on May 25 th to report that the City had appropriately established policies and procedures, internal controls and management systems to efficiently document the oversight of expenditures prior to reimbursement of HUD Funds.

PUBLIC HEARING - NONE

OLD BUSINESS

8. CONSIDERATION OF ADOPTION OF ROSENBERG’S RULES OF ORDER AND OTHER RELATED

CITY COUNCIL RULES OF PROCEDURE

Mayor Pro Torres motioned, seconded by Mayor Cobos-Cawthorne that the City Council:

1) Provide direction on adoption of Rosenberg’s Rules of Order for the transaction of City Council meetings and business; and
2) Provide direction on other Rules of Conduct of City Council meetings and presentation of City Council Orals; and
3) Take such additional, related, action that may be desirable.

Motion carried unanimously.

REGULAR BUSINESS

9. ADOPT RESOLUTION NO. 21-43 DECLARING INTENTI ON TO TRANSITION FRO M AN “AT - LARGE” TO A “BY-DISTRICT” ELECTION SYSTEM

City Attorney Alvarez-Glasman provided a summary of the item.

Ms. Guillen called three (3) members of the public wishing to address the City Council in support of the Resolution, and two (2 ) members of the public opposed the Resolution.

Speakers were provided three minutes to address the City Council. Speaker cards are on file at the City Clerk’s Office.

City Attorney Alvarez -Glasman acknowledged three (3) public comments submitted to the City’s public comment email address in support of the Re solution and one (1) public comment opposed to the Resolution. Said comments are on file at the City Clerk’s office.

Councilmember Melendez spoke in support of the Resolution to transition to a by -district election system. His decisi on is based on the significant legal costs that surrounding cities have incurred to attempt to defend the agency against a CVRA lawsuit.

May 26, 2021: City Council Meeting Minutes Page 4 of 8

Mayor Pro Tem Torres stated that the City has had diverse representation. He believes that the City suffers geographic politics that will not be solved with districting. In addition, noted that a by-district election system will limit residents to one representative. He further stated the transition to by-district election system was inevitable due to the successful record CVRA lawsuits. He would like Council and the community to consider the following: outreach plan, time and place of public hearings for community input, scheduling all hearings after August for in-person access, requesting a demographer to draw the districts and one that will allow the residents to draw the districts, and an independent oversight committee.

Councilmember Peralta spoke in support of the Resolution. She further stated that she would like to see maximum public participation, commitment from staff and counsel to hire an independent demographer and a third party counsel to sugge st the district lines, and an oversight committee or task force that includes residents.

City Attorney Alvarez -Glasman entertained possible scenarios if the Council decided to approve or disapprove the Resolution, or request extensions.

It was moved by Councilmember Melendez, seconded by Councilmember Jimenez that the City Council:

1) Adopt Resolution No. 21-43 declaring the City’s intention, pursuant to Elections Code Section 10010, to initiate procedures for establishing and implementing by-district elections for City Council members; and
2) Take such additional, related, action that may be desirable.

MOVED: Melendez SECONDED: Jimenez APPROVED: 4-0-1-0

AYES: Jimenez, Melendez, Torres, Peralta
NOES: None
ABSTAIN: Cobos-Cawthorne
ABSENT: None

Motion approved 4-0-1-0.

CONSENT CALENDAR

Item No’s. 13 and 14 were pulled for discussion by members of the public. Recommendation number two (2) to adopt a Resolution No. 21 -39 amending the Master Fee Schedule was removed by City Manager Bobadilla during Corrections to the Agenda.

10. INTRODUCE AND WAIVE FIRST READING OF ORDINANCE 2438 AMENDING CHAPTER 10.32 - “STOPPING, STANDING AND PARKING” OF THE MONTEBELLO MUNICIPAL CODE TO

DESIGNATE CERTAIN PARKING STALLS AS ELECTRIC VEHICLE CHARGING STATIONS AT CITY

OWNED OR OPERATED OFF-STREET LOTS AND PARKING FACILITIES

Councilmember Melendez motioned, seconded by Councilmember Peralta that the City Council:

May 26, 2021: City Council Meeting Minutes Page 5 of 8

1) Introduce and waive first reading of an Ordinance No. 2438 amending Chapter 10.32 – “Stopping, Standing and Parking” of the Montebell o Municipal Code reserving certain stalls as electric vehicle charging stations at City -owned or operated lots and parking facilities; and the establishment of parking fees and permit fees, if any, designated permit areas, exempted periods, and overstay charges for spaces designated for use of electric vehicle charging stations; and
2) Adopt Resolution No. 21 -39 Amending the Master Fee Schedule establishing electric vehicle charging fees and overstay charges; and
3) Authorize, the City Manager or his designee(s), to erect the required signage per California Vehicle Code sections 22511 giving notice of the prohibitions, restrictions and/or regulations ushered in by the proposed Ordinance; and 4) Take such additional, related action that may be desirable.

Motion carried unanimously.

11. APPROVE AN INCREASE TO THE AGREEMENTS WI TH NEW FLYER AND WAY NE ELECTRIC

COMPANY FOR THE PURCHASE OF MAINTENANCE RELATED BUS PARTS

Councilmember Melendez motioned, seconded by Councilmember Peralta that the City Council:

1) Approve an increase to the Sole Source Agreement with New Flyer Parts to increase the total not-to-exceed amount to $170,000 for the purchase of bus parts, for Fiscal Year 2020-21; and
2) Approve an increase to the Sole Source Agreement with Wayne Electric Company to increase the total not -to-exceed amount to $69,000 for the purchase of bus parts, for Fiscal Year 2020-21; and
3) Take such additional, related action that may be desirable.

Motion carried unanimously.

12. ADOPT RESOLUTION NO. 21-40 RELATED TO FISCAL YEAR 2021 -22 CONFIRMATION OF

ANNUAL TAX RATE FOR VOTER APPROVED INDEBTEDNESS

Councilmember Melendez motioned, seconded by Councilmember Peralta that the City Council:

1) Review and adopt Resolution No. 21-40 establishing property tax override rates on voter approved indebtedness for retirement expenditures for the Fiscal Year 2021-22; and 2) Direct staff to forward the Resolution to the Los Angeles County Auditor Controller within the required time limit.

Motion carried unanimously.

May 26, 2021: City Council Meeting Minutes Page 6 of 8

13. AUTHORIZATION TO ISS UE REQUEST FOR PROPOSALS (RFP) FOR FARMER’S MARKET

MANAGEMENT SERVICES

Ms. Guillen called two (2) members of the public wishing to address the City Council in support of the project. Speakers were provided three minutes to address the City Council.

Speaker names are on file at the City Clerk’s office.

City Attorney Alvarez-Glasman, acknowledged two (2) public comments submitted to the City’s public comment email address in opposition and one (1) in support . Said comments are on file at the City Clerk’s office.

Councilmember Melendez motioned, seconded by Councilmember Peralta that the City Council:

1) Authorize staff to issue a Request for Proposals (RFP) for Farmer’s Market Management Services; and
2) Take such additional, related, action that may be desirable.

Motion carried unanimously.

14. ADOPT RESOLUTION NO. 21-41 RELATED TO THE AP PROVAL OF B-MAP – PHASE A FINAL TRACT MAP NO. 82724 FOR THE DEVELOPMENT OF 105 DETACHED SING LE FAMILY DWELLING UNITS AND 2 44 ATTACHED RESIDENTIAL DWELLING UNITS F OR PHASE “A” OF

THE MONTEBELLO HILLS SPECIFIC PLAN PROJECT

Ms. Guillen called one (1) member of the public wishing to address the City Council in support of the project. Speaker was provided three minutes to address the City Council. Speaker name is on file at the City Clerk’s office.

City Attorney Alvarez -Glasman, acknowledged two (2) public comments submitted to the City’s public comment email address in opposition and one (1) in support . Said comments are on file at the City Clerk’s office.

Director of Public Works, James Enriquez, provided a brief summary of what the pr oject entails and an update on the site.

Councilmember Melendez motioned, seconded by C ouncilmember Jimenez that the City Council:

1) Approving the B-Map - Phase A Final Tract Map No. 82724 for the development of 105 detached single family residential dwelling units and 244 attached residential dwelling units for Phase “A” of the Montebello Hills Specific Plan Project; and 2) Authorizing the City Clerk, City Treasurer, and City Engineer to execute the Certificate on the map showing the City’s approval of F inal Map for Vesting Tentative Tract Map (“VTTM”) No. 82724; and
3) Take such additional, related, action that may be desirable.

May 26, 2021: City Council Meeting Minutes Page 7 of 8

Motion carried unanimously.

15. PAYMENT OF BILLS: R ESOLUTION APPROVING THE CITY WARRANT REG ISTER OF DEMANDS DATED MAY 26, 2021

Councilmember Melendez motioned, seconded by Councilmember Peralta that the City Council:

Adopt the proposed Resolution approving the Warrant Register dated May 26, 2021.

Motion carried unanimously.

16. APPROVAL OF CITY COUNCIL MINUTES – APRIL 14, 2021

Councilmember Melendez motioned, seconded by Councilmember Peralta that the City Council:

Approve said minutes as written.

Motion carried unanimously.

ORAL COMMUNICATIONS - CONTINUED IF NECESSARY

COUNCIL ORALS
Council member announcements; requests for future agenda items; conference/meetings reports.

1. Councilmember Melendez
a. Council Oral 1
b. Council Oral 2
c. Council Oral 3

Councilmember Melendez withdrew his council orals.

2. Councilmember Jimenez
a. Jerry Griffin
b. Sister City
c. Run Montebello Run Shoe Drive for MCAP

Councilmember Jimenez withdrew the council orals listed above and address ed a public comment regarding the LGBTQIA+ Community. She requested consensus to hang a LGBTQ Flag in front City Hall to show support.

May 26, 2021: City Council Meeting Minutes Page 8 of 8

3. Councilmember Peralta

Councilmember Peralta wanted to acknowledge the incoming pride month. She concurred with Councilmember Jimenez’s suggestion and asked the City to recognized members from the LGBTQ Community who have lost their lives due to hate crimes, HIV, and AIDS.

Mayor Pro Tem Torres asked if the Council needed to approve a policy for hanging flags.

City Manager Bobadilla stated that the City would look at the policy and report back.

Councilmember Peralta provided an update from the San Gabriel Valley Council of Governments Capital Projects and Construction Committee.

4. Mayor Pro Tem Torres
a. Transit Ad Hoc Update
b. Upcoming general plan technical presentations: Montebello Economy (6/21), Vibrant Places (6/22), Mobility & Parking (6/23), Great Neighborhoods and Codify ing the Vision (6/24)
c. Request for South Montebello Town Hall Series
d. Montebello Volunteer Corps

Mayor Pro Tem Torres provided an update from the Transit Ad Hoc including a Metro’s Fairless System Initiative and a Request for Proposals for a System Analysis. He also highlighted the General Plan Presentations and invited the community to attend upcoming meetings listed above. He also introduced the Montebello Volunteer Corps that he initiated for community clean ups. He also asked for consensus for Town Hall Meetings a s a show of solidarity to provide updates to the community and give the residents an opportunity to share concerns.

5. Mayor Cobos-Cawthorne

Mayor Cobos-Cawthorne thanked the residents and staff who participated in the Community Clean-Up. She also invited the community to the Memorial Day Event on Facebook Live on May 31, 2021 at 11 a.m.

ADJOURNMENT
Mayor Cobos-Cawthorne adjourned the meeting to Tuesday, June 1, at 4:30 p.m. for closed session, possibly open session, to discuss one personnel matter. Councilmember Jimenez motioned to adjourn the meeting, seconded by Councilmember Melendez. Motion carried unanimously and the meeting was adjourned at 10:05 p.m.

THE MINUTES OF MAY 26, 2021 A RE HEREBY APPROVED AND ADOPTED ON THIS 23rd DAY OF FEBRUARY 2022.

____________________________________________
Alicia Fernandez, Deputy City Clerk

SPEAKER CARDS
ITEM # 3 -
CVRA

GENERAL COMMENTS
1 Guillen, Kimberly (Admin)
From: Ricki Garza <[email protected]>
Sent: Wednesday, May 12, 2021 3:34 PM
To: comment, ccpublic
Subject: Council Meeting 05-12-2021....

I would like for the Council Members to respond to the following questions:

1. Why they are exchanging restricted Prop A funds for unrestricted general fund revenue? Is it to look like the City can take on the new $50Million bond they need to rebuild the property at the Montebello Golf course?

2. We had an almost $53Million bond to build the new Hilton Home 2 Suites even though the Hilton Garden Inn has not paid any revenue to the city yet this Hotel has made profit through 2019?

3. Why are we going to take another $50Million bond that will cost the City over $100Million yet not get enough revenue to pay for half the cost in the first 20 years.

This does not include the interest or fees.

Thank you - Ricki
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS.

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#1
1 Guillen, Kimberly (Admin)
From: German Corral <[email protected]>
Sent: Wednesday, May 12, 2021 4:22 PM
To: comment, ccpublic
Subject: Montebello City Council Questions
In the spirit of Mental Health Awareness Month I would like to ask the Council, what measures are being taken by the City of Montebello to ensure the good mental health of City employees? Montebello Bus Lines has recently enacted a change in work schedules where start times vary day by day, often leading to late night shifts followed by early morning shifts. As a Montebello Bus Operator, I can attest to the damage caused by this inconsistent scheduling.

Long-term sleep deprivation and inconsistent sleep schedules have been linked to an increased risk of depression in addition to other chronic conditions such as heart disease, diabetes, arthritis, stroke, kidney disease, and cancer.

On top of this, according to the CDC, the number one cause of work-related deaths is motor vehicle accidents, and the 5th biggest cause of these accidents is drowsy driving.

Given that safety is everyone's top priority, year-round, what will the City of Montebello do in honor of Mental Health Awareness Month to protect the safety of its bus operators and community of bus riders, motor vehiclists, and pedestrians?
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***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** #2
1 Guillen, Kimberly (Admin)
From: carlos perez <[email protected]>
Sent: Wednesday, May 12, 2021 4:59 PM
To: comment, ccpublic
Subject: ABC 7 News Article
I would like to thank city leaders for improving our city. However; I am VERY disappointed with the current article ABC 7 news published. I dislike very much the high school drama you council have thrown into our city's spot light. Montebellos' reputation is recovering. But this drama you have inacted just set us back tremendously. Shame in you!
Resident:
844 W. Mines Ave.
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April 22, 2021
1600 West Beverly Boulevard
Montebello, CA 90640-3932
Dear Mayor Cawthorne,
Montebello like many urban cities, even those known for their beautiful sites and prestigious schools, face imperfections within its community. In addressing the bigger issues, the smaller issues that tie into them can decrease the problem, one step at a time. Taking action and listening to community members who know what happens within the community, can provide a bigger picture of what can be done. Based on the results of a survey we conducted, it has come to our attention that there is a lack of affordable housing for low-income families in the city of Montebello. Therefore, we urge you to provide financial services and job assistance.

The unemployment rate in this city is 4.7%. Although there are jobs available this makes it difficult to meet the median gross rent of $1,334 and mortgage average of $2,100 after accounting for other bills and expenses. Therefore, affordability can be seen as a big issue even Montebello. This problem affects both children and families because housing insecurity during childhood may create an imbalance in school readiness and early academic achievement (Ziol Guest & McKenna, 2014). Additionally, parents may be more prone to depression or have fewer positive experiences with their children (Ziol-Guest & McKenna, 2014). According to the research, housing insecurity is correlated with increased attention issues, as well as internalizing and externalizing behavior, but only in underprivileged children. #4
Our proposed solution is to provide job assistance and financial services to create more affordable housing. For example, free financial services can help aid renters to enhance their financial position and credit scores to help them earn homeownership or support them through rental house assisting. In providing financial resources, the community can feel more prepared and able to secure housing.

We also believe that providing job and financial services will help families and providing rental housing assistance will help these families improve their housing conditions. Housing is at the root of mobility that affects children’s academic success. As a result, housing policy is also a kind of education policy (Crowley, 2003). Assisting poor families, particularly those of school- age children, in improving their residential stability, has a direct impact on their school stability and possibly their school success.

Sincerely,
Cristal Morales & Stephanie Soria

#4
References
Crowley, S. (2003). The Affordable Housing Crisis: Residential Mobility of Poor Families and School Mobility of Poor Children. Journal of Negro Education, 72(1), 22–38.

Ziol, G. K. M., & McKenna, C. C. (2014). Early childhood housing instability and school readiness. Child Development, 85(1), 103–
113.
https://doiorg.mimas.calstatela.edu/10.1111/cdev.12105
#4
1 Guillen, Kimberly (Admin)
From: jocelyne flores <[email protected]>
Sent: Wednesday, May 26, 2021 12:04 PM
To: comment, ccpublic
Subject: Public Comment- Pride Month
Good evening council and city staff, my name is Jocelyne Flores . Pronouns:they/ them Last year, the city council passed a motion to honor June as Pride Month in the city of Montebello. I am reaching out on behalf of the LGBTQIA+ community that resides in our community and asking that the city fly the progressive LGBTQIA+ flag at city hall (image attached below). This would allow the LGBTQIA+ community to know that they are visible within our city.

#5
This comment was also submitted by:
- Julia Andy
- Kelly Duarte
2 #5
1 Guillen, Kimberly (Admin)
From: Julia Andy <[email protected]>
Sent: Wednesday, May 26, 2021 12:06 PM
To: comment, ccpublic
Subject: Pride Month
Here’s the email script:

Good evening council and city staff, my name is Julia. Pronouns: she/her Last year, the city council passed a motion to honor June as Pride Month in the city of Montebello. I am reaching out on behalf of the LGBTQIA+ community that resides in our community and asking that the city fly the progressive LGBTQIA+ flag at city hall (image attached below). This would allow the LGBTQIA+ community to know that they are visible within our city. ---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** #6
1 Guillen, Kimberly (Admin)
From: Kelly Duarte <[email protected]>
Sent: Wednesday, May 26, 2021 1:54 PM
To: comment, ccpublic
Subject: Pride Month Flag Change
Good evening council and city staff, my name is Kelly Duarte.

Last year, the city council passed a motion to honor June as Pride Month in the city of Montebello. I am reaching out on behalf of the LGBTQIA+ community that resides in our community and asking that the city fly the progressive LGBTQIA+ flag at city hall (image attached below). This would allow the LGBTQIA+ community to know that they are visible within our city. Thank you for your time.

Best,
Kelly Duarte
---
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Contact Montebello IT Division if you are unsure.***
#7
1 Fernandez, Alicia
From: Saucedo, Nicole
Sent: Wednesday, May 26, 2021 4:26 PM
To: Guillen, Kimberly (Admin); Fernandez, Alicia
Subject: FW: Comments for Tonight's City Council Meeting for From: Lupe Ochoa [mailto:[email protected]]
Sent: Wednesday, May 26, 2021 3:27 PM
To: comment, pcpublic
Subject: Fwd: Comments for Tonight's City Council Meeting for General Comment
For severa
l years the southside has been neglected. It wasn’t until recently that maybe we had 2 councilmembers walk around trying to convince us why they wanted the 31 units on Jacmar to go up. Have you seen our streets full of potholes, the consistent crime reports that we as residents have to suffer from? They consistently break into our cars and walking alone, especially on the riverbed feels unsafe. We need more resources in the Southside. We need the police presence, bike patrol, and a station we can count on for immediate response. Criminals take but a minute to getaway. By the time we get our officers here from City Hall the crime has been committed, a car broken into, a person assaulted, and a business loss just like it’s happening so often in the south. Give us a town hall meeting as it has been suggested, and make sure you can work out technical details, unlike the failed attempt by your 31 Jackmar stakeholder call. We need real results and we need your attention. One council member in the south can’t do it all! Comment on Item #9 Creating By District Members
I am glad to see that the city has before it the option to make districts in our city. This will ensure we can hold a member accountable for the years that our representatives have failed to include us in the South. For years, we had a member that lived just houses down from us, and yet, our streets look like the third world, and this area has been neglected, and yet when it came to putting up 31 units he was willing to do it, but in all this time, we didn’t have a representative. We had a person thinking about how not to be held accountable. Ensuring that we can hold someone accountable in the Southside of Montebello will help to ensure we receive services and the same attention another area is receiving because you can focus on serving your constituents.

Thank you,
Lupe Ochoa
#8
General Comments - Topgolf Project
Comment # Name In Support In Opposition
1 Anonymous X
2 Rick Viramontes X
3 Andrew Landeros X
1 Guillen, Kimberly (Admin)
From: doc4tooth <[email protected]>
Sent: Wednesday, May 26, 2021 9:15 AM
To: comment, ccpublic
Subject: Golf Course Closure
This is a crazy idea, when we have a population growth and less outdoor space for recreation and especially open space. The City has already squeezed the Golf course with allowing the Hilton Hotels to build on the space. Outrages!
Sent from my iPhone
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#1
1 Guillen, Kimberly (Admin)
From: Rick Viramontes <[email protected]>
Sent: Wednesday, May 26, 2021 9:22 AM
To: comment, ccpublic
Subject: Golf Course
DON'T CLOSE The Course!!
It would be a disaster for the city!!!
Put it to a vote, to your constituencies!!!!
don't ruin what took almost a century to build!!!
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***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** #2
1 Guillen, Kimberly (Admin)
From: Andrew Landeros <[email protected]>
Sent: Wednesday, May 26, 2021 12:30 PM
To: comment, ccpublic
Subject: Public Comment on TopGolf project
Thank You City Council Members and staff for your time.

I am Andrew Landeros, Member of the Board of the Montebello Golf Players Club.

We have collected more than 700 signatures of folks that do not want TopGolf at the sacrifice of the 18‐hole course. Many live here or have family ties to the community. Others bring their money from other cities to Montebello to enjoy a day, then support our stores after a round. This bols ters the local economy and adds to the sales tax collected.

I ask the city to revisit the planned changes to the golf course property. The land was entrusted to the city for recreation, not for any commercial development.

The golf course is an easy target for developers. But it is essential green space for migrating birds. Canadian and Egyptian geese as well as red‐tailed hawks use the course for nesting grounds and the city would be violating Federal and State laws to disturb the grounds.

The course has been a gift to the community for nearly a century and should continue without added commercial projects on the property as the Bicknell agreement states.

The City is wasting money on a project that can not be built legally. This City Council has betrayed the public trust. Any other expenditures on this venture will only be additional waste.

The Citizens of Montebello will not stand for anymore waste from this city. One that cannot get its own finances straight.

That is a $3.7 Million hole in the city’s pocket.

On the other hand, the course is now profitable, now that you have a very capable management team in charge of the pro shop.

Generations of players, now and in the future, depend on your actions now. Thank you! ---
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#3
ITEM NO. 9 -
(BY-DISTRICT ELECTION)
General Comments - By-District Election System
Comment # Name In Support In Opposition
1 Scott Rafferty X
2 Margot Eiser X
3 Alex Hilke X
4 Delia Lopez X
1 Guillen, Kimberly (Admin)
From: Scott Rafferty <[email protected]>
Sent: Tuesday, May 25, 2021 3:10 PM
To: Jimenez, Christopher; Arnold Alvarez-Glasman; comment, ccpublic; Melinda Arredondo Subject: Demographics and Comments Regarding CVRA in Montebello Attachments: 210525 Rafferty to Jimenez re Montebello district elections.pdf Enclosed please find information for the consideration of the city council at its meetings this evening.

Scott Rafferty
1913 Whitecliff Ct
Walnut Creek CA 94596
mobile 202-380-5525
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***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** #1
Scott J. Rafferty
Attorney at law
1913 Whitecliff Court (202)-380-5525
Walnut Creek CA 94596 [email protected]

May 25, 2021
Mr. Christopher Jimenez
City Clerk, Montebello
1600 West Beverly Boulevard
Montebello CA 90640

VIA ELECTRONIC MAIL
cc: Arnold Glasman, Esq.

Re: Neighborhood Elections for Montebello
Dear Mr. Jimenez:

Since the Council has a decision to make this evening, this letter summarizes my clients’ argument and evidence in support of district elections in Montebello. It also provides a more detailed narrative and basic election and demographic data that may be useful throughout the process.
• At-large elections are profoundly undemocratic. Their hallmark is discouraging participation by voters of all ethnicities. During the past 20 years, the average council member has been elected by just 7.6% of Montebello residents eligible to vote.
• Winner-take-all means that a small number of high-turnout precincts can elect their entire slate. Even in the unusual case where the victors themselves belong to protected classes or live within minority neighborhoods, they are elected by -- and therefore accountable to -- those high-turnout precincts. • Minority neighborhoods are marginalized. The minority vote for county, state and federal offices is suppressed, which may reduce the influence of Montebello on its state and federal legislators. Less than one out of four eligible Asians voted for any office in the 2018 midterm, half the participation rate of Asians elsewhere in the state. This type of depressed participation is typical of high- Latino neighborhoods in at-large jurisdictions where they are the minority the politicians ignore.
• Neighborhood elections bring elected officials closer to the public they serve.

They promote the election n of good negotiators who have the understanding to solve the particular problems that their neighbors face. Once elected, incumbents are accountable and accessible to those who elected them.

Rafferty to Jimenez, Neighborhood Elections for Montebello, May 25, 2021, page 2 Assuming, as my clients do, that the Council commits to move forward with voluntary compliance this evening, I expect realize that it is too late to include these materials in the agenda, but it is my hope that you will consider posting these comments and data for the benefit of the public.

WHY MONTEBELLO SHOULD COMPLY WITH THE CALIFORNIA VOTING

RIGHTS ACT
The late Don Edwards, congressman from California, was one of the most important sponsors of the Voting Rights Act of 1965. As chair of the House Subcommittee on Constitutional Rights, he was floor manager for most major civil rights legislation until he retired 30 years later. He surprised activists when he predicted that extending coverage under the 1965 Act to language minorities (Latino, Asian/PI, and Native American), which occurred in 1975, would not work in California.

According to Chair Edwards, eliminating procedural barriers to registration and voting would increase participation by Anglos and white voters, but would have limited effect on Latino neighborhoods. He described the cycle of political marginalization that occurred because large minority areas within Los Angeles County and other urban areas never had the ability to elect leaders from their own communities to any elective office. As a result, no candidate, political party, or interest group, tried to register and canvass these neighborhoods, except when there was a competitive state or national office, which was infrequent. The result, Edwards continued, was critically low Latino registration and turnout up and down the ballot. In order to incorporate these neighborhoods into local politics and to ensure equal influence of Latinos in state and national issues, he warned, you have to get rid of at-large. The rest of the nation did exactly that. In 1965, two-thirds of the largest cities in American were at-large; only one remain. Most jurisdictions, large and small, reformed voluntarily, without litigation – almost everywhere except California.

For 25 years, Senators Marks, Chacon, Alarcon, Polanco, and many other legislators tried to implement Edwards’ advice. Their bills enjoyed broad support, but faced opposition from the League of Cities and the California School Board Association – and certain veto by Republican Governors. As a result, when the CVRA was enacted 20 years ago, only ½ of one percent of California school trustees was Latino.

This disincorporation from local political life now faces both Asian and Latino communities where cities and school districts cling to undemocratic at-large elections.

Former council member Christina Cortez recently told the Whittier Daily News that Rafferty to Jimenez, Neighborhood Elections for Montebello, May 25, 2021, page 3 “few, if any, Asian candidates have run for council.” That is exactly the problem that the CVRA was created to fix – and it works.

THE USE OF AT-LARGE INCREASES THE MINORITY TURNOUT GAP FOR LATINOS AND ASIANS IN CALIFORNIA.
39%
29% 26%
21%
16%
15%
9%
8%
0%
10%
20%
30%
40%
50%
60%
Population Eligible Registered Vote
Latinos and Asians are a Majority of California's
Population, but less than 30% of its Voters
LATINO
ASIAN

The political influence of Latino and Asian communities does not reflect demographic change. The continued use of at-large elections may explain the persistence of a gap in participation that has closed elsewhere in the country.

Rafferty to Jimenez, Neighborhood Elections for Montebello, May 25, 2021, page 4

As more and more California jurisdictions abandon at-large, many grass roots minority and young candidates have been elected – and the participation gap has narrowed. 2020 was the first election in which minority turnout was not significantly different on a statewide basis, possibly owing to the impact of federal policies implemented or proposed by the prior administration. But turnout is usually measured as the percentage of registered voters who cast a ballot. This overlooks the fact that more than half of Montebello’s eligible Asians do not even register. 2020 was an exception to Asian non-registration elsewhere in the State, but not in Montebello.

Rafferty to Jimenez, Neighborhood Elections for Montebello, May 25, 2021, page 5 "turnout"
2018- California adult citizens registered voted elig/reg reg/vote elig/vote all 25,232,635 19,518,169 12,185,397 77% 62% 48%
Latino 7,374,125 5,013,720 2,574,415 66% 51% 34%
Asian 3,743,305 3,182,726 1,839,004 83% 58% 48%
2018-Montebello
all 38,545 30,486 16,076 79% 53% 42%
Latino 28,180 21,423 11,260 76% 53% 40%
Asian 6,325 2,829 1,509 44% 53% 24%
2020-California
all 25,494,385 21,967,525 17,341,328 86% 79% 68%
Latino 7,592,755 5,570,593 4,244,081 73% 76% 56%
Asian 3,838,535 2,211,533 1,758,859 58% 80% 46%
2020-Montebello
all 38,545 24,445 22,190 63% 91% 58%
Latino 28,080 16,904 15,308 60% 91% 55%
Asian 6,410 2,744 2,317 43% 84% 36%
Incumbents and candidates may provide anecdotes to illustrate their efforts to campaign Asian community during political campaigns, but the numbers show that this outreach has not been fully successful. The Asian share of the city’s population and eligible voters has increased, but their political influence has not. Seventeen percent of the City’s electorate is now Asian. Still, just one Asian has been elected to city office (Serali Khwaja as treasurer in 2011) and only one has even run for city council (Jamshid Javaheri, who placed seventh in 2009). The chronic absence of any minority candidates of choice is generally sufficient to show dilution of their voting power, so this alone may substitute for any required showing that voting is polarized.

Rafferty to Jimenez, Neighborhood Elections for Montebello, May 25, 2021, page 6 +
Year 2009 2011 2013 2015 2016 2017 2018 2019
Asian eligible voters 4,895 4,945 5,745 6,315 6,265 6,445 6,325 6,410 Asian population 6,960 6,915 8,170 9,230 9,265 9,220 9,160 9,530 All eligible voters 36,950 35,290 36,950 38,750 38,645 38,870 38,545 38,545 Total population 61,710 62,470 62,945 63,530 63,415 63,470 63,100 62,740 Vote share 13% 14% 16% 16% 16% 17% 16% 17%
Population share 11% 11% 13% 15% 15% 15% 15% 15%
In 2018, the city moved its odd-year election to coincide with the election of state and federal legislators in November of even years. As attachment 2 shows, this reform was not successful in increasing participation in local elections. In the 2018

MINORITY CANDIDATES OF CHOICE AND RACIALLY POLARIZED VOTING A DNA test or the discovery of an Asian ancestor does not render an aspiring politician the title of “candidate of choice.” The CVRA is about minority voters, not incumbents or candidates. Candidates sponsored and supported by the Latino community include Maxine Waters, Mark Tanaka, and Steven Bradford. Each represents a majority Latino district and is strongly supported by Latino voters.

Minority groups have life experiences, values, and needs that, to some extent, differentiates them from the rest of the electorate and informs their voting behavior and electoral choices. “Racially polarized voting” is a nearly universal phenomenon.

Minority voters make different choices, and smaller electoral districts increase their ability to elect or influence elected officials who listen to them and address their concerns.

Rafferty to Jimenez, Neighborhood Elections for Montebello, May 25, 2021, page 7 Asians did not sponsor or support a single candidate in 2018 or 2020, they did vote differently from other electors in the 2018 and 2020 council contests. It may not be constructive to focus on these results, since negative polarization can be easily misinterpreted. It does not mean that a less-favored candidate is hostile to minority rights. In this case, racially polarized voting is not difficult to establish. The 2016 ballot questions provide an impersonal measure that the council may deem sufficient. I have compiled the detailed election statistics needed to analyze council elections back to 2001, but the state does not tabulate racial data for voter registration and turnout in odd-year elections. Acquiring these data is, in my view, an unnecessary expense, since the evidence would be cumulative.

THE COUNCIL SHOULD ALLOW THE PUBLIC TO DEFINE COMMUNITIES OF INTEREST.

A.B. 849 (2019), the FAIR MAPS Act, requires charter cities to use the following criteria in drawing districts:
❖ Compliance with the Constitution and federal law. This includes “substantial equality” of population, as measured by the census after an adjustment attributes incarcerated persons to their prior domicile.
❖ Geographic contiguity
❖ Respecting the integrity of communities of interest and minimizing their division. (Affiliation with parties, incumbents, or candidates may not be considered in defining these communities.)
❖ Identifiable boundaries, such as streets and natural and artificial barriers. ❖ Compactness, i.e., not bypassing nearby populations in favor of more distant ones

Rafferty to Jimenez, Neighborhood Elections for Montebello, May 25, 2021, page 8 ❖ Favoring or disfavoring any political party is prohibited. ▪ The public will define the relevant communities of interest at the five required hearings. They may define these communities as they see fit, provided that none favors political parties or is based on support for a specific candidate. The public may find these resources helpful:
❖ Neighborhoods are one of the essential building blocks, although they can be defined many ways.
• As named and defined by developers or the real estate industry. See • Neighborhood associations recognized by the city.
❖ Common areas where neighbors congregate, including:
• School attendance areas
• Common transit sites
• Libraries, community centers, pools
• Shopping areas
• Community based organizations
❖ Similar housing values and characteristics
❖ Common demographics https://statisticalatlas.com
❖ Zoning and land use
❖ Communities can be defined by the hazards they face, including crime rates, seismic, flood, or wildfire hazards
❖ School trustee areas. Allowing the high-minority district and high-minority trustee areas for the school districts to coincide may enable the community to slate candidates of choice. Otherwise, the school likely has different priorities in setting its boundaries.
❖ Special district boundaries. No legislative or congressional boundary splits the city.

The city’s interests probably differ from those appropriate in setting the boundaries of other local jurisdictions. The city should not optimize around following precinct boundaries, except possibly to avoid any very small deviations that would create an additional “micro-precinct” unnecessarily.

My clients believe that at least one district should focus on empowering the Asian community, but race should not be the predominant factor. The council and public identify neighborhoods that have special needs or faced barriers to political engagement. Too often, the hearing process draws maps and then compares demographics. Since this objective is to empower groups of traditionally underrepresented constituents, it helps to think about where they live from the very Rafferty to Jimenez, Neighborhood Elections for Montebello, May 25, 2021, page 9 beginning. Attachment 2 is intended to assist the council and the public in thinking about how to approach this task.

CONCLUSION
District elections will make elections more competitive, and the council more representative, to the benefit of all voters. My clients hope that the council will embrace this reform and look forward to working together to ensure that the public, including the Latino minority, contributes effectively to an open and successful transition process.

Sincerely,

Scott J. Rafferty

Attachment 1. Montebello Election History, 2001-2021
Attachment 2. Demographic Indicators of Disengaged Communities

ATTACHMENT 1. MONTEBELLO ELECTION HISTORY 2001-2010
Elected council members shown in boldface red.

year office votes % of vote % of eligible
to vote
2001 MARY SAUCEDO 3,590 29.6% 9.2%
2001 WILLIAM MOLINARI 3,478 28.6% 8.9%
2001 ED VASQUEZ 3,442 28.3% 8.8%
2001 JEFF SICCAMA 1,635 13.5% 4.2%
2003 clerk BOB KING 2,741 58.7% 7.2%
2003 clerk LARRY SALAZAR 1,926 41.3% 5.1%
2003 treasurer GERRI GUZMAN 2,716 56.4% 7.1%
2003 treasurer JANIS AGAJANIAN 1,269 26.4% 3.3%
2003 treasurer MARCELA VARGAS 827 17.2% 2.2%
2003 BOB BAGWELL 1,999 23.4% 5.3%
2003 NORMA LOPEZ-REID 1,888 22.1% 5.0%
2003 KATHY SALAZAR 1,624 19.0% 4.3%
2003 CHRIS ROBLES 1,614 18.9% 4.2%
2003 MARK HOWARD 742 8.7% 2.0%
2003 JEFF SICCAMA 370 4.3% 1.0%
2003 ROBERT MOTA 298 3.5% 0.8%
2005 ROSIE VASQUEZ 3,612 14.2% 9.8%
2005 WILLIAM MOLINARI 3,424 13.5% 9.3%
2005 JEFF SICCAMA 3,376 13.3% 9.1%
2005 KATHY SALAZAR 3,257 12.8% 8.8%
2005 TAVY GUZMAN 2,951 11.6% 8.0%
2005 JOHNNY VERDUGO 2,753 10.9% 7.4%
2005 ANNETTE RAMIREZ 2,326 9.2% 6.3%
2005 SALLY TORRES 1,979 7.8% 5.3%
2005 LARRY SALAZAR 1,679 6.6% 4.5%
2007 clerk BOB KING 2,304 44.9% 6.2%
2007 clerk ANNETTE RAMIREZ 1,981 38.6% 5.4%
2007 clerk LARRY SALAZAR 844 16.5% 2.3%
2007 treasurer NORMA LOPEZ 2,849 54.9% 7.7%
2007 treasurer GERRI GUZMAN 2,340 45.1% 6.3%
CANDIDATE (elected
council members in red)

ATTACHMENT 1. MONTEBELLO ELECTION HISTORY 2001-2010
year office votes % of vote % of eligible
to vote
2007 KATHY SALAZAR 1,875 29.1% 5.1%
2007 ROBERT URTEAGA 1,851 28.7% 5.0%
2007 NORMA LOPEZ-REID 857 13.3% 2.3%
2007 BOB BAGWELL 795 12.3% 2.2%
2007 JOE VENEZIANO 542 8.4% 1.5%
2007 LEO RODRIGUEZ 292 4.5% 0.8%
2007 JOHNNY VERDUGO 240 3.7% 0.6%
2007 clerk BOB KING 1,347 81.6% 11.6%
2007 clerk ANNETTE RAMIREZ 1,347 18.5% 2.6%
2007 clerk LARRY SALAZAR 603 27.8% 8.0%
2007 treas NORMA LOPEZ 1,869 27.5% 7.9%
2007 treas GERRI GUZMAN 1,498 17.2% 8.2%
2009 M YES 4,101 16.3% 7.8%
2009 M NO 928 14.7% 4.2%
2009 WILLIAM' MOLINARI 2,884 13.8% 3.9%
2009 ART BARAJAS 2,738 13.7% 6.5%
2009 FRANK GOMEZ 2,300 12.9% 6.2%
2009 JOE VENEZIANO 2,171 10.6% 5.1%
2009 ROSIE VASQUEZ 1,785 9.0% 4.3%
2009 NANCY CADENA-PEREZ 1,518 8.2% 3.9%
2009 JAMSHID JAVAHERI 1,379 8.1% 2.3%
2009 JORGE MANZUR 1,298 7.7% 3.7%
2009 RICHARD GARCIA 724 4.3% 2.1%
2011 clerk DANIEL HERNANDEZ 1,671 43.3% 4.7%
2011 clerk E VALENZUELA 1,102 28.5% 3.1%
2011 clerk BOB TAPIA 1,090 28.2% 3.1%
2011 O no NO 1,236 28.9% 3.5%
2011 O yes YES Solid waste 3,039 71.1% 8.6%
2011 treasurer SHERALY KHWAJA 2,115 57.5% 6.0%
2011 treasurer YVONNE WATSON 1,566 42.5% 4.4%
CANDIDATE (elected
council members in red)

ATTACHMENT 1. MONTEBELLO ELECTION HISTORY 2001-2010
year office votes % of vote % of eligible
to vote
2011 CHRISTINA CORTEZ 2,146 26.3% 6.1%
2011 JACK HADJINIAN 1,735 21.2% 4.9%
2011 FLAVIO GALLARZO 1,531 18.7% 4.3%
2011 LARRY SALAZAR 1,164 14.2% 3.3%
2011 ALBERTO PEREZ 945 11.6% 2.7%
2011 LUCY CORTEZ 344 4.2% 1.0%
2011 ELIZABETH GONZALEZ 311 3.8% 0.9%
2013 VIVIAN ROMERO 2,273 21.3% 6.2%
2013 ART BARAJAS 2,172 20.3% 5.9%
2013 WILLIAM MOLINARI 1,818 17.0% 4.9%
2013 FLAVIO GALLARZO 1,493 14.0% 4.0%
2013 DANIEL HERNANDEZ 1,283 12.0% 3.5%
2013 EMMA DELGADO 967 9.1% 2.6%
2013 ANNA ARRIOLA 676 6.3% 1.8%
2015 clerk IRMA BARAJAS 2,002 43.1% 5.2%
2015 clerk CHRISTINA GONZALES 1,800 38.7% 4.6%
2015 clerk ANNETTE RAMIREZ 846 18.2% 2.2%
2015 treasurer CHARLES PELL 2,555 50.5% 6.6%
2015 treasurer ASHOD MOORADIAN 1,429 28.2% 3.7%
2015 treasurer ROSIE VASQUEZ 1,079 21.3% 2.8%
2015 JACK HADJINIAN 2,111 23.3% 5.4%
2015 VANESSA DELGADO 1,899 21.0% 4.9%
2015 CHRISTINA CORTEZ 1,383 15.3% 3.6%
2015 KIMBERLY COBOS 1,092 12.1% 2.8%
2015 FERNANDO CHACON 950 10.5% 2.5%
2015 M SAMARIN-POPOFF 704 7.8% 1.8%
2015 BILL PAOLISSO 584 6.4% 1.5%
2015 RANDY SMITH 339 3.7% 0.9%
2018 KIMBERLY COBOS-CAWTHORNE 4,111 33.64% 11.54%
2018 ART BARAJAS 4,053 33.17% 11.38%
2018 ANGIE JIMENEZ 4,056 33.19% 11.38%
2018 VIVIAN ROMERO 3,869 10.86% 3.3%
2018 DAVID TORRES 3,459 9.71% 3.0%
2018 ASHOD MOORADIAN 3,266 9.17% 2.8%
2018 DELIA LOPEZ 3,104 8.71% 2.7%
2018 ROSIE VASQUEZ 2,815 7.90% 2.4%
2018 BILL MOLINARI 2,719 7.63% 2.4%
CANDIDATE (elected
council members in red)

ATTACHMENT 1. MONTEBELLO ELECTION HISTORY 2001-2010
year office votes % of vote % of eligible
to vote
2019 DAVID TORRES 2,001 0.6% 5.2%
2019 ART BARAJAS 812 0.3% 2.1%
2019 VIVIAN ROMERO 326 0.1% 0.8%
2020 clerk CHRISTOPHER JIMENEZ 7,049 35.9% 18.3%
2020 clerk DILLON ARREOLA 5,829 29.7% 15.1%
2020 clerk ROBERT TAPIA 5,178 26.4% 13.4%
2020 clerk JOHNNY GOMEZ 1,568 8.0% 4.1%
2020 SCARLET PERALTA 10,658 27.84% 13.9%
2020 DAVID TORRES 9,408 24.57% 12.2%
2020 JACK HADJINIAN 5,313 13.88% 6.9%
2020 ROSEMARIE VASQUEZ 4,461 11.65% 5.8%
2020 JOELLA VALDEZ 4,199 10.97% 5.5%
2020 JOSEPH SANCHEZ 1,742 4.55% 2.3%
2020 FERNANDO VASQUEZ 1,387 3.62% 1.8%
2020 BYRON JACKSON 1,115 2.91% 1.5%
CANDIDATE (elected
council members in red)

EXHIBIT 2. DEMOGRAPHIC INDICATORS OF DISENGAGED COMMUNITIES

SOCIO-ECONOMIC FACTORS THAT CAN MARGINALIZE NEIGHBORHOODS

FROM LOCAL POLITICAL LIFE

Over 40% of residents is foreign-born High percentage of residents do not speak English well (red-speak Spanish, green
Asian language

Over 40% of residents over 25 have not
graduated high school
Over 10% of residents over 18 are
unemployed

EXHIBIT 2. DEMOGRAPHIC INDICATORS OF DISENGAGED COMMUNITIES

More than 50% of household incomes are
below 150% of poverty level
Over 8% of households receive welfare
assistance

High percentage of households rent
(dark red >75%, light red >50%)

1 Guillen, Kimberly (Admin)
From: mde4peace <[email protected]>
Sent: Wednesday, May 26, 2021 11:03 AM
To: comment, ccpublic
Subject: Comments on City Council Agenda Items-Wednesday, May 26, 2021 Please add these comments to the public record and add my my name to speakers' list-I will be listening to meeting if Live Stream is working. If is not, please use this number to call me so I can speak: 323 728 7066.

Thanks...

To: City Council
From: Margot Eiser, resident, voter, taxpayer
Item 9
Please keep 'at large representation '. The entire city c ouncil needs to be elected by all the citizens, residents, people, taxpayers,voters and constantly be made aware that they all are meant to be working for the benefit of the entire city. We want to keep our city intact because as is shown in Ojai, when divided by 'districts', even neighbors cannot vote for the same well qualified, conscientious person if they are from a different 'district' than she is. We can help you work out any problems which arise and will appreciate when you vote NO!
Item 14
Please do not approve this now. Please extend the time to consider input of viable alternatives from us the public .

We have trusted you with the power to do what we the people want you to do which is to preserve ALL of the Namesake Hills as a Regional Park much needed by the entire community. We need to have a place for recreation, education, cultural events and to be able to connect with nature and experience the great out doors! A Natural Park in our own back yard would make our city very attractive to visitors from all over! We all need a Green Oasis! YOU can provide it! Pleaselet us help you and give us a reason to thank you!
#2
1 Guillen, Kimberly (Admin)
From: Alex Hilke <[email protected]>
Sent: Wednesday, May 26, 2021 12:56 PM
To: comment, ccpublic
Subject: Public Comment: Redistricting Reform
Dear City Council,
A month ago the community cried out to the five of you demanding action. Having long felt pushed aside in the community’s political process. Residents and community groups rallied in large numbers to petition this grievance with you. As is their most fundamental American right. The time has now come tonight to fulfill the promise of a pluralistic democracy in Montebello. I urge the city council to unanimously approve the resolution transitioning the city from at-large to district-based elections. Ensuring that every corner of the city is fully represented by a dedicated Councilmember that will be responsive to their constituents’ needs. Increasing resident participation in the community's political process.

Sincerely,
Alex Hilke
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***
#3
1 Guillen, Kimberly (Admin)
From: Delia L Lopez <[email protected]>
Sent: Wednesday, May 26, 2021 1:45 PM
To: comment, ccpublic
Subject: Public Comment for Resolution No. 21-43 By-District Election System Dear City Council members, City officials and staff,
My name is Delia López, a resident of Montebello. I write today to urge our City Council to vote in favor of a by-district election system in our city. It is not just the right thing to do, but it brings our city into an era of equitable representation, where our community can feel that their interests are represented. This puts a big responsibility on the voters of each district to determine the best representative for their community, which will create a sense of power and voice for those voting members.

Most importantly, and at issue here, as stated previously in a prior council meeting and through litigation, a district-based election system can provide a pathway to the inclusion and representation of Asian Americans on the Montebello city council. Let’s ensure that our diverse Montebello is represented on all levels of our city government. The inclusion of this important community can only happen if we improve our communication (by ensuring language is no longer a barrier) and engagement with that community. The Asian American community, and by result our whole city, will benefit from a district-based election system because it would provide them a voice and opportunity to elect representatives that are aware of their needs.

In closing, district elections provide Montebello the ability to achieve equity and inclusion, not only for our Asian American community, but everyone living in this city, by ensuring representation in the city’s process and simply furthering our goal of being an equitable and inclusive city. Again, I urge our City Council to support the resolution for by-district elections in our city.

Thank you,
Delia López
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** #4

SPEAKER CARDS
ITEM #9 -

BY-DISTRICT

ELECTIONS
SYSTEM

SPEAKER CARDS
ITEM #13 -

FARMERS
MARKET

ITEM NO. 14 - (TRACT MAP)
General Comments - Tract Map
Comment # Name In Support In Opposition
1 Linda Strong X
2 Margo Eiser X
3 Brissa Sotelo X
1 Guillen, Kimberly (Admin)
From: Linda Strong <[email protected]>
Sent: Wednesday, May 26, 2021 9:17 AM
To: comment, ccpublic
Subject: Agenda Item 14 Montebello City Council Meeting 5-26 Re: Agenda Item 14 Adopt Resolution No. 21-41 Montebello Hills Specific Plan (MHSP) The Council should not approve this resolution. There are too many unanswered questions. To start with, neither the developers nor the city have provided information as to how close the homes would be to active oil wells. The city’s current requirement is only 100 feet. Statewide there’s been a realization that numerous health problems are connected to people living in close proximity to oil production. Numerous jurisdictions are requiring or evaluating requiring greater distances for protection of the public. The prior developer was planning to have homes as close as 150 feet from active wells. The council needs to look into this issue.

The subject property is traversed by a potentially active earthquake fault. There is no indication that an up to date geotechnical study (including trenching to determine the fault’s exact location) has been done. My understanding is that Los Angeles County requires that such a study have been done within the past year. The council needs to ensure that a recent study was done and is available for their review.

There are questions as to whether this project is in compliance with the city’s conditions of approval and its mitigation monitoring and reporting program. The city has repeatedly failed to provide responses to Public Record Act requests asking for the following MHSP documents: geotechnical reports and maps; fiscal impact analysis; grading plans; permits; brush clearance; hydrological studies. Until city staff embrace transparency and make available documentation of the city’s satisfactory compliance with the approval conditions and MMRP this agenda item should not be approved.

Sent from AOL Mobile Mail
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Contact Montebello IT Division if you are unsure.***
#1
1 Guillen, Kimberly (Admin)
From: mde4peace <[email protected]>
Sent: Wednesday, May 26, 2021 11:03 AM
To: comment, ccpublic
Subject: Comments on City Council Agenda Items-Wednesday, May 26, 2021 Please add these comments to the public record and add my my name to speakers' list-I will be listening to meeting if Live Stream is working. If is not, please use this number to call me so I can speak: 323 728 7066.

Thanks...

Brissa Sotelo – Support of Item #14
#3
1 Fernandez, Alicia
From: Saucedo, Nicole
Sent: Wednesday, May 26, 2021 4:26 PM
To: Guillen, Kimberly (Admin); Fernandez, Alicia
Subject: FW: Comments for Tonight's City Council Meeting for From: Lupe Ochoa [m ailto:[email protected]]
Sent: Wednesday, May 26, 2021 3:27 PM
To: comment, pcpublic
Subject: Fwd: Comments for Tonight's City Council Meeting for General Comment
For several years th
e southside has been neglected. It wasn’t until recently that maybe we had 2 councilmembers walk around trying to convince us why they wanted the 31 units on Jacmar to go up. Have you seen our streets full of potholes, the consistent crime reports that we as residents have to suffer from? They consistently break into our cars and walking alone, especially on the riverbed feels unsafe. We need more resources in the Southside. We need the police presence, bike patrol, and a station we can count on for immediate response. Criminals take but a minute to getaway. By the time we get our officers here from City Hall the crime has been committed, a car broken into, a person assaulted, and a business loss just like it’s happening so often in the south. Give us a town hall meeting as it has been suggested, and make sure you can work out technical details, unlike the failed attempt by your 31 Jackmar stakeholder call. We need real results and we need your attention. One council member in the south can’t do it all! Comment on Item #9 Creating By District Members
I am glad to see that the city has before it the option to make districts in our city. This will ensure we can hold a member accountable for the years that our representatives have failed to include us in the South. For years, we had a member that lived just houses down from us, and yet, our streets look like the third world, and this area has been neglected, and yet when it came to putting up 31 units he was willing to do it, but in all this time, we didn’t have a representative. We had a person thinking about how not to be held accountable. Ensuring that we can hold someone accountable in the Southside of Montebello will help to ensure we receive services and the same attention another area is receiving because you can focus on serving your constituents.

Thank you,
Lupe Ochoa
#4

SPEAKER CARDS
ITEM # 14 -

TRACT MAP

CITY OF MONTEBELLO CITY COUNCIL

REGULAR MEETING AGENDA

M I N U T E S

WEDNESDAY, JUNE 9, 2021 AT 5:30 P.M.

CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD

MONTEBELLO, CALIFORNIA

OPENING CEREMONIES

CALL TO ORDER – Mayor Cobos-Cawthorne called the meeting to order at 5:37 p.m.

ROLL CAL L – Members present were Mayor Cobos -Cawthorne, Mayor Pro Tem Torres, Councilmember Jimenez, Councilmember Melendez, and Councilmember Peralta. City Clerk Jimenez and Treasurer Gutierrez were also present.

PUBLIC COMMENTS FOR CLOSED SESSION ITEMS
None.

CLOSED SESSION – 5:30 P.M.

Mayor Cobos -Cawthorne recessed the meeting into Closed Session at 5:38 p.m. to consider the following closed session items:

1. THREAT TO PUBLIC SERVICES OR FACILITIES
Government Code Section 54957
Consultation with City Manager, Police Chief, City Attorney and other related City officials.

June 9, 2021: City Council Meeting Minutes Page 2 of 7

2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section 54957
Title: City Manager René Bobadilla

3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9 (d)(2)
One matter (facts need not be disclosed pursuant to Government Code Section 54956.9(e)(1)

4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Government Code Section 54956.8
Property: 310 West Whittier Boulevard
Agency’s Negotiator: René Bobadilla, City Manager
Negotiating Party: Chevrolet of Montebello
Under Negotiation: Price and Terms

4a. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
Government Code Section 54957(b)(1)

Mayor Cobos -Cawthorne reconvened the meeting at 7:04 p.m. The City Attorney’s report is as follows: Item No. 1, City Council (Council) received a briefing, there was no action, and it will be placed on the next City Council meeting agenda; Item No. 4, Council received a briefing, direction was provided to Agency’s Negotiator but no final action was taken; and Item No. 4a, Council received a briefing and no final action was taken. For Item No. 2, the City Attorney requested that Old Business Item No. 11 be moved forward to be discussed, as it related to Closed Session No. 2. Council provided direction and Amendment No. 2 to the City Manager, Ren é Bobadilla’s, employment agreement was prepared. Councilmember Jimenez motioned, seconded by Melendez, that Item No. 4a be added to the agenda; motion was carried unanimously.

REGULAR SESSION – 6:30 P.M.

INVOCATION – Arnold Alvarez-Glasman

FLAG SALUTE – Ulysses Garibay-Urquizo

CORRECTIONS TO THE AGENDA – CITY MANAGER – NONE

PRESENTATIONS

5. RECOGNITION OF LGBTQ PRIDE MONTH – Presented by Mayor Cobos-Cawthorne

6. RECOGNITION OF JUNETEENTH – FREEDOM DAY – Presented by Mayor Cobos-Cawthorne

7. RECOGNITION OF PTSD AWARENESS MONTH – Presented by Mayor Cobos-Cawthorne

June 9, 2021: City Council Meeting Minutes Page 3 of 7

8. NATIONAL SCLERODERMA AWARENESS MONTH – Presented by Mayor Cobos-Cawthorne

9. RECOGNITION OF CITIZEN OF THE MONTH – PAUL PARZIK, YMCA – Presented by Mayor Cobos-Cawthorne

10. INITIAL FY 21-22 BUDGET OVERVIEW – Presented by Director of Finance, Michael Solorza

PUBLIC COMMENTS ON NON-AGENDA ITEMS (30 MINUTES)
The City Clerk Office called one (1) member of the public wishing to address the City Council. Speaker was provided three minutes to address the Cit y Council and said speaker card is on file at the City Clerk’s office.

The City Clerk Office acknowledged three (3) written public comments submitted to the City’s public comment email address. Said comments are on file at the City Clerk’s office.

STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST

OLD BUSINESS

11. APPROVE CONSIDERATION OF AME NDMENT OR CHANGES TO CITY MANAGER

EMPLOYMENT AGREEMENT

City Attorney Alvarez-Glasman provided a report, stating that City retained Mr. Ren é Bobadilla to serve in the capacity of City Manager on July 29, 2019. The City approved Amendment No. 1 of his employment agreement in 2020. The City Council received a draft a greement from the City attorney’s office of proposed changes to Mr. Bobadilla’s employment agreement which were presented to Council in Amendment No. 2.

Mayor Pro Tem was not in support of approving Amendment No. 2. Mayor Cobos -Cawthorne and Councilmembers Jimenez, and Melendez were in support. It was motioned by Councilmember Melendez, seconded by Councilmember Jimenez to approve Amendment No 2 of Mr. Bobadilla’s employment agreement.

MOVED: Melendez SECONDED: Jimenez APPROVED: 4-1-0-0

AYES: Cobos-Cawthorne, Jimenez, Melendez, Peralta
NOES: Torres
ABSTAIN: None
ABSENT: None

CONSENT CALENDAR
Item No. 12 was pulled by one member of the public to address a public comment. Councilmember Jimenez made a motion, s econded by Councilmember Melendez to approve Items No. 13 -19; motion carried unanimously. Councilmember Peralta was absent for Consent Calendar portion of the meeting.

June 9, 2021: City Council Meeting Minutes Page 4 of 7

Motion to approve Items No’s. 13-19 as recommended.

MOVED: Jimenez SECONDED: Melendez APPROVED: 3-1-0-1

AYES: Cobos-Cawthorne, Jimenez, Melendez
NOES: Torres
ABSTAIN: None
ABSENT: Peralta

12. APPROVE EIGHTH AMENDMENT TO AGREEMENT NO. 2883 W ITH SAN GABRIEL VALL EY WATER COMPANY FOR THE OPERATION OF THE CITY’S WATER SYSTEM

City Attorney Arnold Alvarez-Glasman called one (1) member of the public wishing to address the City Council. The speaker was provided three minutes to address the City Council and said speaker card is on file at the City Clerk’s office. City Manager Bobadilla requested that Staff reach out to her to address her concerns.

Director of Public Works, James Enriquez, presented this item to the City Council.

Councilmember Melendez motioned to approve, seconded by Councilmember Jimenez that the City Council:

1) Approve an Eighth Amendment to Agreement No. 2883 with San Gabriel Valley Water Company for the operation of the City’s Water System; and 2) Authorize the City Manager to execute the Amendment on behalf of the City; and 3) Take such additional, related, action that may be desirable.

MOVED: Melendez SECONDED: Jimenez APPROVED: 4-0-0-1

AYES: Cobos-Cawthorne, Jimenez, Melendez, Torres
NOES: None
ABSTAIN: None
ABSENT: Peralta

13. APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. 3419 – ON-CALL ELECTRICAL SERVICES

RECOMMENDATION: It is recommended that the City Council:

1) Approve Amendment No. 2 to Agreement No. 3419 with Leed Electric for On -Call Electrical Services; and
2) Authorize the City Manager to execute Amendment No. 2 on behalf of the City; and 3) Take such additional, related, action that may be desirable.

June 9, 2021: City Council Meeting Minutes Page 5 of 7

14. AWARD A PROFESSIONAL SERVICES AGREEMENT FOR SUMMER FOOD SERVICE PROGRAM PROVIDER (RFQ 21-53)

RECOMMENDATION: It is recommended that the City Council:

1) Award a Professional Services Agreement to School Nutrition Plus in an amount not -to- exceed Ninety Thousand Dollars ($90,000) annually for Summer Food Service Program Provider; and
2) Authorize the City Manager to execute an agreement on behalf of the City; and 3) Take such additional, related, action that may be desirable.

15. AUTHORIZATION TO ISS UE A REQUEST FOR QUALIFICATIONS/P ROPOSALS FOR

INFORMATION TECHNOLOGY INFRASTRUCTURE UPGRADE SERVICES

RECOMMENDATION: It is recommended that the City Council:

1) Authorize issuing a Request for Qualifications/Proposals for the items and services required to upgrade the City’s Information Technology (IT) Infrastructure, backbone network, storage and related software and hardware purchases, including procurement of installation and related services.

16. APPROVE THE APPROPRI ATION OF SOUTH COAST AIR QUALITY MANAGEME NT DISTRICT (AQMD) FUNDS TO PURC HASE A VEHICLE FOR T HE MONTEBELLO COMMUN ITY

ASSISTANCE PROGRAM (MCAP)

RECOMMENDATION: It is recommended that the City Council:

1) Approve the appropriation of AQMD funds in an amount not -to-exceed $60,000 to purchase a vehicle for the MCAP by amending the Fiscal Year 2020 -21 budget, Account No. 245-99-6082, Vehicle Purchases; and
2) Take such additional, related, action that may be desirable.

17. ADOPT RESOLUTION NO. 21-44 AUTHORIZING THE C ITY MANAGER TO APPOI NT

AUTHORIZED AGENTS TO TAKE ANY ACTIONS NECESSARY FO R THE PURPOSE OF

OBTAINING LOW CARBON TRANSIT OPERATIONS P ROGRAM FUNDS PROVIDE D BY THE

CALIFORNIA DEPARTMENT OF TRANSPORTATION

RECOMMENDATION: It is recommended that the City Council:

1) Adopt Resolution No. 21-44 authorizing the City Ma nager to appoint authorized agents to take any actions necessary for the purpose of obtaining Low Carbon Transit Operations Program (“LCTOP”) funds provided by the California Department of Transportation (Caltrans); and
June 9, 2021: City Council Meeting Minutes Page 6 of 7

2) Authorize the City Manager to sign the Authorized Agent form on behalf of the City of Montebello (“City”); and
3) Take such additional, related, action that may be desirable.

18. UPDATE ON THE LOS AN GELES COUNTY METROPO LITAN TRANSPORTATION AUTHORITY (METRO) FARELESS SYSTEM INITIATIVE (FSI)

RECOMMENDATION: It is recommended that the City Council:

1) An update regarding the Los Angeles County Metropolitan T ransportation Authority’s Pilot Fareless System Initiative for K -12 and community college students with the potential to branch to all passengers for the next 18 months; and 2) Take such additional, related, action that may be desirable.

19. PAYMENT OF BILLS: R ESOLUTION APPROVING THE CITY WARRANT RE GISTER OF DEMANDS DATED JUNE 9, 2021

RECOMMENDATION: Adopt the proposed Resolution approving the Warrant Register dated June 9, 2021.

ORAL COMMUNICATIONS - CONTINUED IF NECESSARY – None

COUNCIL ORALS
Council member announcements; requests for future agenda items; conference/meetings reports.

1. Councilmember Melendez – made the announcements below:
a. Regional Riverbed City Partnership – asked for City Council consensus for beginning the process of creating a Regional Board consisting of one or two councilmembers from local cities that surround the riverbed.
b. Naming a city facility in the memory of Lion Bill Walters - asked for City Council consensus for naming a City Facility in his honor.

2. Councilmember Jimenez – made the announcements below:
a. Jerry Griffin – asked for City Council consensus to direct Staff to look into a way to commemorate Mr. Jerry Griffin.
b. Sister City – asked for City Council consensus to request Staff to look into establishing a Sister City with Nayarit, Mexico.
c. Run Montebello Run Shoe Drive for MCAP – asked runners to donate old/new shoes to the MCAP program.
d. Appointment of Youth Commissioner – Councilmember Jimenez added one more oral to her list and appointed Ryan Gutierrez as a Youth Commissioner.

3. Councilmember Peralta – made the announcements below:
a. Pride Month
June 9, 2021: City Council Meeting Minutes Page 7 of 7

1) Gender-inclusive language options for applications and within the City (included documents)
2) Art from LGBTQ+ residents displayed at City Hall during Pride Month , or when City Hall re-opens.
3) Explore City archives to honor a significant LGBTQ+ resident b. Request for Presentation on End of the Year Citywide Project Updates c. Recognition of the Schurr High Sc hool AVID “Marcos Montes Dream Scholarship” recipients: Jonathan Sandoval, Alexis Rios, and Jennifer Lopez Councilmember Peralta asked for C ity Council consensus to take action on Item 3.a.1 -3.

Councilmember Jimenez suggested combining a 5k run with the LGBTQ acknowledgements.

City Manager suggested a meeting with Councilmember Peralta and Jimenez to plan accordingly. No report was provided on items b and c.

4. Mayor Pro Tem Torres – asked to clarify a comment he made earlier in the meeting. Torres stated that his parents are watching the meeting tonight and his dad does pay 100% of his own medical, dental, vision, and life insurance.

5. Mayor Cobos-Cawthorne – None

City Clerk Jimenez addressed the passing of Eddie Lopez, Parks and Recreation Staff.

ADJOURNMENT
Councilmember Jimenez motioned to adjourn the meeting, seconded by Councilmember Melendez; motion carried unanimously and the meeting was adjourned at 8:37 p.m.

THE MINUTES OF JUNE 9, 2021 ARE HEREBY APPROVED AND ADOPTED ON THIS 23rd DAY OF FEBRUARY 2022.

____________________________________________
Alicia Fernandez, Deputy City Clerk

SPEAKER CARDS
General
Comments

GENERAL COMMENTS
1 Guillen, Kimberly (Admin)
From: Tracey Cortez <[email protected]>
Sent: Thursday, May 27, 2021 7:12 PM
To: comment, ccpublic
Subject: Parks & recreation event planning
Since covid restrictions have lifted and will be back to normal by june 15 per federal and state government guidelines, Why does it take the city so long to plan recreational events & classes for the summer season. The city is behind the times and not creative in their planning. Other cities have the parks and rec classes in motion already and have events that draw the citizens into be part of the city. The city could plan kite day at the Whittier narrow recreational dam. A great place to fly kites and make bubbles that fly in the air all year. You could organize a city clean up day for the Whittier narrows area near Lincoln. And have guided tours in the area too. That area needs some love and is a wonderful overlooked treasure The Whittier narrow , dam area is an awesome resource you should tap into . I would be interested in bei g a tour guide for nature walks as they do for the la river. You forget that your in the city . The homeless are further north and furth Dr South and would not be a hindrance for the tours. It's a family spot. I frequent that area to fly my kite every two weeks. That would be such an awesome thing to introduce to kids once again. Also, when will the pool be open again.

Exercise classes too? The people are ready to get out. Be a driving city who is with the times and keeps up with change.

I appreciate your time. You may contact me at 3235308553 Tracey Cortez
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***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** #1
1 Guillen, Kimberly (Admin)
From: John Espinosa <[email protected]>
Sent: Tuesday, June 1, 2021 9:30 AM
To: comment, ccpublic
Subject: Pedestrian Crossings
Why is a pedestrian light at Beverly and 20th more urgent than one that is needed in front of the Hospital at Beverly and 2nd St?
Sent from my iPhone
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***
#2
1 Guillen, Kimberly (Admin)
From: randy beas <[email protected]>
Sent: Wednesday, June 9, 2021 11:37 AM
To: comment, ccpublic
Subject: Please Read on record during public comments
312 west Olympic lane, Montebello – Randy Beas
Hello,
My name is Randy Beas and I am founder and president of Keeping The Culture Alive, an arts organization based in Montebello. For the past 7 years KTCA has hosted the Montebello Artwalk and Montebello Artfest. Upon recently, we decided to halt our shows due to the pandemic for the safety of the community and artists alike. Since then, we have been in the background sitting quietly and working on plans to make A safe return to our great city and bring back the Arts. Our vision has always been to Empower the Artists of Tomo rrow and give A platform to anyone looking to join the Arts. Since we have been in existence, KTCA has brought people from all over the U.S to our city and given back our community and arts to share with everyone.

The reason for me speaking today is to ask humbly, Will th e city of Montebello welcome us back to hosting our monthly shows in person (with the understanding of safety protocols) and be able to bring out our community to showcase the arts. Our group and artists have deep roots in Montebello and would like to return home to show that together we are Monte
bello Strong.

Thank you to the city council and Mayor for answering our questions day or night and being A supporter of the Arts & KTCA all these years when it was just A idea. Together we can Empower the Artists and City that we call home . ‐Randy Beas
President
Keeping The Culture Alive
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS.

Contact Montebello IT Division if you are unsure.***
#3

SPEAKER CARDS
Item #12 -
Amendment to Agreement
No. 2883 with San Gabriel
Valley Water Company

CITY OF MONTEBELLO CITY COUNCIL

REGULAR MEETING AGENDA

M I N U T E S

WEDNESDAY, JUNE 23, 2021 AT 5:30 P.M.

CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD

MONTEBELLO, CALIFORNIA

OPENING CEREMONIES

CALL TO ORDER – Mayor Cobos-Cawthorne called the meeting to order at 5:38 p.m.

ROLL CAL L – Members present were Mayor Cobos -Cawthorne, Mayor Pro Tem Torres, Councilmember Jimenez, Councilmember Melendez, Councilmember Peralta , City Clerk Jimenez, and City Treasurer Gutierrez.

PUBLIC COMMENTS FOR CLOSED SESSION ITEMS
The City Clerk’s office acknowledged one (1) public comment for Item No. 4 submitted to the City’s public comment email address. Said comment is on file at the City Clerk’s office.

CLOSED SESSION – 5:30 P.M.

Mayor Cobos -Cawthorne recessed the meeting into Closed Session at 5:42 p.m. to consider the following closed session items:

1. THREAT TO PUBLIC SERVICES OR FACILITIES
Government Code Section 54957
Consultation with City Manager, Police Chief, City Attorney and other related City officials.

2. CONFERENCE WITH LEGAL COUNSEL – POTENTIAL LITIGATION Government Code Section 54956.9(d)(2)
Significant exposure to litigation in 1 case – CVRA

June 23, 2021: City Council Meeting Minutes Page 2 of 11

3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9 (d)(2)
One matter (facts need not be disclosed pursuant to Government Code Section 54956.9(e)(1)

4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Government Code Section 54956.8
Property: 112-132 S. 6th Street
Agency’s Negotiator: René Bobadilla, City Manager
Negotiating Party: Cesar Chavez Foundation
Under Negotiation: Price and Terms

5. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Government Code Section 54956.8
Property: 1345 N. Montebello Blvd.

Agency’s Negotiator: René Bobadilla, City Manager
Negotiating Party: M&M Realty
Under Negotiation: Price and Terms

Item 5a. was added to the agenda as a subsequent need matter pursuant to Government Code Section 54954.2(b)(2).

5a. AUDIT BY CALIFORNIA STATE AUDITOR'S OFFICE
California Government Code section 54956.75

Mayor Cobos -Cawthorne reconvened the meeting at 6:41 p.m. During Closed Session the City Council received a briefing from the City Attorney on Item No’s. 1, 2, 3, 4, and 5; no final action was taken and there was nothing to report. It was noted that Item 5a. was added after the agenda was posted, as there was an immediate need to provide City Council with a briefing. There was no action taken and nothing further to report on Item 5a.

REGULAR SESSION – 6:30 P.M.

INVOCATION – City Clerk Jimenez

FLAG SALUTE – Jose Acosta, Transit Vehicle Maintenance Manager

CORRECTIONS TO THE AGENDA – CITY MANAGER – City Manager Bobadilla added one presentation item, Recognition of Noah Lopez as listed below.

PRESENTATION

RECOGNITION OF NOAH LOPEZ – Certificate presented by Mayor Cobos-Cawthorne; item was walked on.

June 23, 2021: City Council Meeting Minutes Page 3 of 11

PUBLIC COMMENTS ON NON-AGENDA ITEMS (30 MINUTES)
The City Clerk’s office called four (4) members of the public wishing to address the City Council.

Speakers were provided three minutes to address the City Council and said speaker cards are on file at the City Clerk’s office.

The City Clerk’s office acknowledged five (5 ) public comments submitted to the City’s public comment email address. Said comments are on file at the City Clerk’s office.

STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST
An update was provided on the drive-through Easter event, Grocers Association dismissal, and Stride for Pride event.

PUBLIC HEARING

6. CALIFORNIA VOTING RIGHTS ACT (“CVRA”) TRANSITION FROM AN “AT-LARGE” TO A “BY- DISTRICT” ELECTION SYSTEM – PUBLIC HEARING 1

The City Clerk’s office acknowledged two (2) public comments submitted to the City’s public comment email address. Said comments are on file at the City Clerk’s office. The City Attorney Alvarez-Glasman announced that the hearing would be postponed and the Public Hearing would serve as an orientation.

Councilmember Melendez stated his support with retaining a demographer, special counsel, establishing an Advisory Committee and moving forward in good faith. Mayor Pro Tem Torres stated that the City Council should provide direction to City Staff to establish and commit to a clear schedule, that timely notices be sent out to the public, requested guidance from the City Attorney and City Manager on an allowed time frame, and suggested holding some of the Public Hearings in per son. Councilmember Peralta stated her support with establishing an Advisory Committee, the importance of ensuring the City receives input from residents, developing an engagement strategy to robustly promote the Public Hearings, with at the first one being held in person. Councilmember Jimenez stated her support with this item and suggested moving forward with retaining a demographer and stated she was in favor for an Advisory Committee.

Mayor Cobos-Cawthorne stated that she is not against districting but prefers to hear from the residents and asked for guidance on how to better education the public. Mr. Bobadilla suggested that the City Attorney send a memo of the proposed plan of communication and engagement s trategy to the City Council. Mayor Pro Tem requested that the timeline be included in the proposed plan. City Attorney Alvarez -Glasman noted that a Public Hearing can be held at any time and more than five hearings can be h eld; furthermore, suggested scheduling the first Public Hearing in August.

Mayor Pro Tem Torres asked for clarification on the recommendation of special counsel. City Attorney stated that at the Council’s direction, City Attorney Alvarez-Glasman can reach out to other skilled firm as desired. City Manager Bobadilla asked if Alvarez-Glasman’s legal office holds the expertise to complete the job in -house, which Mr. Alvarez -Glasman confirmed.

June 23, 2021: City Council Meeting Minutes Page 4 of 11

Councilmember Melendez and Jimenez, and Mayor Cobos -Cawthorne were in support of using the City Attorney’s for handling CVRA matters; rather than retaining special counsel.

Mayor Pro Tem Torres made a motion to provide direction to retain the recommended demographer, for the City to come back with more options as to special counsel for handling CVRA matters, commit to at least 30 days to public notices shared in detail, and commit to holding Public Hearings in person in various locations convenient to the resident. The motion was seconded by Councilmember Peralta. Councilmember Jimenez asked that the motion be amended to retain Alvarez-Glasman as the City Attorney office that handles CVRA.

Councilmember Jimenez made a substitute motion to approve retaining the recommended demographer and Mr. Alvarez-Glasman as the City’s legal counsel for handling CVRA matters; seconded by Councilmember Melendez.

RECOMMENDATION: It is recommended that the City Council:

1) Continue the process of analysis regarding the City of Montebello’s transition from an at- large to a by-district election system and provide Staff direction with respect to retaining a demographer and special counsel; and
2) Take such additional, related, action that may be desirable.

MOVED: Jimenez SECONDED: Melendez APPROVED: 4-1-0-0

AYES: Cobos-Cawthorne, Peralta, Jimenez, Melendez
NOES: Torres
ABSTAIN: None
ABSENT: None

7. PUBLIC HEARING – RESIDENTIAL SOLID WA STE COLLECTION AND R ECYCLING CHARGES

ANNUAL RATE ADJUSTMENT

Director of Finance, Michael Solorza, presented the Staff Report to City Council. No public comments were submitted to the City Clerk’s office.

It was moved by Councilmember Melendez, seconded by Councilmember Jimenez that the City Council:

1) Conduct a Pu blic Hearing and consider adopting Resolution No. 21 -50 establishing the updated residential solid waste collection and recycling rate for Fiscal Year 2021 – 22 (Attachment A) per the 2020 settlement agreement between Arakelian Enterprises (dba Athens Services) and the City of Montebello; and
2) Direct staff to forward the Resolution to the Los Angeles County Auditor -Controller to place the revised charges on the property tax rolls.

Motion carried unanimously.

June 23, 2021: City Council Meeting Minutes Page 5 of 11

8. AMENDED AND RESTATED STATUTORY DEVELOPMEN T AGREEMENT WITH M&M A T

MONTEBELLO, LLC, A C ALIFORNIA LIMITED LI ABILITY COMPANY FOR THE PROPERTY LOCATED AT 1345 N. M ONTEBELLO BOULEVARD TO ALLOW THE EXISTIN G WAREHOUSE STRUCTURE (FORMER CO STCO BUILDING) TO BE USED AS A “LAST -MILE DELIVERY FACILITY” (SUCH AS AMAZON) AND RESERVIN G THE REMAINDER OF T HE PROPERTY (COMPRISED OF APPROXIMATELY 3.63 ACRES) FOR A FUTURE MIXED-USE RETAIL AND/OR

RESIDENTIAL DEVELOPMENT WITH PARKING FAC ILITIES THAT WILL BE SUBJECT TO AND

CONDITIONED UPON FUT URE ENVIRONMENTAL AN ALYSES AND DISCRETIONARY LAND

USE APPROVALS BY THE CITY

City Manager Bobadilla provided an overview of the Staff Report to the City Council. No public comments were submitted to the City Clerk’s office.

It was moved by Councilmember Melendez, seconded by Councilme mber Jimenez that the City Council:

1) Introduction and the waiving of First Reading of Ordinance No. 2439 approving an Amended and Restated Statutory Development Agreement by and between the City of Montebello (“City”) and M&M at Montebello, LLC, a California limited liability company to allow the existing warehouse structure (former Costco building) to be used as a “Last- Mile Delivery Facility” (such as Amazon) and reserving the remainder of the subject property for a future mixed-use retail and/or residential development with parking facilities that will be subject to and conditioned upon future environmental analyses and discretionary land use approvals by the City; and
2) Take such other additional, related, action that may be desirable.

Motion carried unanimously.

REGULAR BUSINESS

9. ADOPTION OF FISCAL YEAR 2021-22 OPERATING AND CAPITAL BUDGET

Director of Finance, Michael Solorza, presented an overview of the City’s operating and Capital budget for Fiscal Year 2021-2022 to City Council. The City Clerk’s office acknowledged two (2) public comments submitted to the City’s public comment email address. Said comments are on file at the City Clerk’s office.

It was moved by Councilmember Jimenez, seconded by Councilmember Melende z that the City Council:

1) Approve Resolution No. 21 -53 adopting the Fiscal Year 2021 -22 operating and capital budgets for all funds; and
2) Approve Resolution No. 21-54 adopting the compensation plan, table of organization and job classifications for Fiscal Year 2021-22; and
3) Approve Resolution No. 21-55 establishing a Fiscal Year 2021-22 appropriations limit per Government Code Section 7190 (Gann Limit).

June 23, 2021: City Council Meeting Minutes Page 6 of 11

MOVED: Jimenez SECONDED: Peralta APPROVED: 4-1-0-0

AYES: Cobos-Cawthorne, Peralta, Jimenez, Melendez
NOES: Torres
ABSTAIN: None
ABSENT: None

CONSENT CALENDAR
It was moved by Councilmember Jimenez, seconded by Mayor Pro Tem Torres that the City Council approve the recommendations for Items 10 through 25; motion carried unanimously.

10. ADOPT RESOLUTION NO. 21-49 APPROVING THE ENG INEER’S REPORT FOR T HE FISCAL YEAR 2021 -22 ANNUAL NATASHA LA NE SEWER AND STORM W ATER PUMP STATION ASSESSMENT DISTRICT NO. 2005-2 AND SETTING A DATE FOR THE PUBLIC HEARING

RECOMMENDATION: It is recommended that the City Council:

1) Adopt Resolution No. 21-49 (Attachment A) approving the Fiscal Year 2021-22 Engineer’s Report (Attachment B) for the Annual Natasha Lane Sewer and Storm Water Pump Assessment District No. 2005 -2 and setting a date for a Public Hearing for the regular meeting scheduled on July 28, 2021 at 6:30 p.m.; and
2) Take such additional, related action that may be desirable.

11. ADOPT RESOLUTION NO. 21-51 APPROVING THE ENG INEER’S REPORT FOR T HE FY 2021 - 2022 ANNUAL NATASHA LANE LANDSCAPE ASSESSME NT DISTRICT NO. 2005 -1 AND

SETTING A DATE FOR THE PUBLIC HEARING

RECOMMENDATION: It is recommended that the City Council:

1) Adopt Resolution No. 21-51 (Attachment A) approving the Fiscal Year 2021-22 Engineer’s Report (Attachment B) for the Annual Natasha Lane Landscape Assessment Dis trict No. 2005-1 setting a date for a Public Hearing for the regular meeting scheduled on July 28, 2021 at 6:30 p.m.; and
2) Take such additional, related action that may be desirable.

12. APPROVE AMENDMENT NO . 1 TO AGREEMENT NO. 3504 WITH INFRASTRUC TURE

ENGINEERS FOR BUILDING AND SAFETY SERVICES

RECOMMENDATION: It is recommended that the City Council:

1) Approve Amendment No. 1 to Professional Services Agreement No. 3504 with Infrastructure Engineers for building and safety services in the aggregate amount not-to- exceed $125,000 annually for general building permits and $300,000 total for building permits associated with the Montebello Hills Development Project; and 2) Authorize the City Manager to execute the agreement on behalf of the City; and 3) Take such additional, related, action that may be desirable.

June 23, 2021: City Council Meeting Minutes Page 7 of 11

13. AWARD PROFESSIONAL SERVICES AGREEMENT NO. 3891 FOR ENGINEERING SERVICES TO

NCM ENGINEERING CORP FOR THE GARFIELD AVE NUE AND VIA CAMPO BU S TURNOUT LANE PROJECT (RFP. NO. 21-27)

RECOMMENDATION: It is recommended that the City Council:

1) Award Professional Services Agreement No. 3891 to NCM Engineering Corp for Engineering Services for the Garfield Avenue and Via Campo Bus Turnout Lane Project (RFP No. 21-27) in an amount not-to-exceed $872,473; and 2) Authorize the City Manager to execute the agreement on behalf of the City; and 3) Take such additional, related, action that may be desirable.

14. AUTHORIZATION TO ISS UE A REQUEST FOR PRO POSALS (RFP) FOR ON -CALL

ARCHITECTURAL AND ENGINEERING SERVICES

RECOMMENDATION: It is recommended that the City Council:

1) Authorize City Staff to issue a Request for Proposals (RFP) for on -call architectural and engineering services; and
2) Take such additional, related, action that may be desirable.

15. ADOPT RESOLUTION NO. 21-48 APPROVING SIGN LEASE AGREEMENT NO. 3893 FOR THE PROPOSED DIGITAL SIGN FOR THE PROPERTY LOCATED AT 820 N. GARFIELD AVENUE AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE SIGN LEASE AGREEMENT ON BEHALF

OF THE CITY

RECOMMENDATION: It is recommended that the City Council:

1) Approving Sign Lease Agreement No. 3893 between The Roman Catholic Archbishop of Los Angeles, on behalf of Our Lady of Miraculous Medal, and the City of Montebello for the property located at 820 N. Garfield Avenue; and
2) Authorize the City Manager to execut e Sign Lease Agreement No. 3893 for usage of a proposed digital sign at 820 N. Garfield Avenue; and
3) Take such additional, related, action that may be desirable.

16. ADOPT ORDINANCE NO. 2438 AMENDING CHAPTE R 10.32 - “STOPPING, STANDING AND PARKING” OF THE MONT EBELLO MUNICIPAL COD E TO DESIGNATE CERTA IN PARKING

STALLS AS ELECTRIC V EHICLE CHARGING STAT IONS AT CITY OWNED O R OPERATED OFF -

STREET LOTS AND PARKING FACILITIES

RECOMMENDATION: It is recommended that the City Council:

1) Waive Second Reading of Ordinance No. 2438 amending Chapter 10.32 – “Stopping, Standing and Parking” of the Montebello Municipal Code reserving certain stalls as electric vehicle charging stations at City-owned or operated lots and parking facilities; and the establishment of parking fees and permit fees, if any, designated permit areas, June 23, 2021: City Council Meeting Minutes Page 8 of 11

exempted periods, and overstay charges for spaces designated for use of electric vehicle charging stations; and
2) Authorize, the City Manager or his designee(s), to erect the required signage per California Vehicle Code sections 22511 giving notice of the prohibitions, restrictions and/or regulations ushered in by the proposed Ordinance; and 3) Take such additional, related action that may be desirable.

17. APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. 3444 WITH JOHNSON CONTROLS FOR CITYWIDE HVAC MAINTE NANCE AND REPAIRS AN D AUTHORIZE PAYMENT TO F.M.

THOMAS AIR CONDITIONING, INC. FOR EXTRA SERVICES

RECOMMENDATION: It is recommended that the City Council:

1) Approve Amendment No. 2 to Agreement No. 3444 with Johnson Controls for Citywide Heating, Ventilation, and Air Conditioning (HVAC) Maintenance and Repair; and 2) Authorize the City Manager to execute Amendment No. 2 on behalf of the City; and 3) Take such additional, related, action that may be desirable.

18. AWARD PROFESSIONAL SERVICES AGREEMENT NO. 3892 FOR SECURITY AND FIRE ALARM MONITORING, MAINTENANCE AND REPAIR (RFP NO. 21-29) TO ION SECURITY SYSTEMS, LLC

RECOMMENDATION: It is recommended that the City Council:

1) Award Professional Services Agreement No. 3892 to Ion Security Systems, LLC in an amount not -to-exceed Fifty Thousand Dollars ($50,000) annually for Security and Fire Alarm Monitoring, Maintenance and Repair; and
2) Authorize the City Manager to execute an agreement on behalf of the City; and 3) Take such additional, related, action that may be desirable.

19. AWARD PROFESSIONAL SERVICE S AGREEMENT NO. 3890 FOR GOLF COURSE MANAGEMENT WITH S&S LABARGE GOLF, INC.

RECOMMENDATION: It is recommended that the City Council:

1) Award Agreement No. 3890 with S&S LaBarge Golf, Inc (S&S LaBarge) with an initial three-year term in an annual not -to-exceed amount of Three Hundred Sixty Thousand Dollars ($360,000) to provide Golf Course Management an d Golf Course Professional Services at the Montebello Golf Course; and
2) Authorize the Director of Recreation and Community Services to serve as the City Designee to have authority to act for and exercise any of the rights of the City including, but not limi ted to, vendor payment requests and reimbursements which may be necessary for the operation of the Golf Course; and
3) Authorize the City Manager to execute the Agreement on behalf of the City; and 4) Take such additional related action that may be desirable.

June 23, 2021: City Council Meeting Minutes Page 9 of 11

20. APPROVAL TO PURCHASE CITY COUNCIL CHAMBER SEATING THROUGH THE SOURCEWELL

COMPETITIVE GOVERNMENT BIDDING PROCESS

RECOMMENDATION: It is recommended that the City Council:

1) Approve the purchase of upgraded City Council Chamber audience seating from Herk Edwards, Inc. in an amount not -to-exceed Fifty-Seven Thousand, Five Hundred Sixty -Six Dollars ($57,566); and
2) Authorize the City Manager to execute a Purchase Order on behalf of the City; and 3) Utilize the Sourcewell competitive bidding process; and 4) Take such additional, related, action that may be desirable.

21. APPROVE AN INCREASE TO THE BLANKET PURCHASE ORDERS ESTABLISHED WITH VALLEY POWER SYSTEMS, INC., SOCAL AUTO & AUTO PA RTS, INC., AND FORD OF MONTEBELLO, INC., FOR THE PURCHASE OF MAINTENANCE RELATED BUS PARTS

RECOMMENDATION: It is recommended that the City Council:

1) Approve a change order to the blanket purchase order established with Valley Power Systems, Inc., to increase the total not -to-exceed amount to $63,918, for the purchase of maintenance related bus parts, for Fiscal Year 2020-21; and 2) Approve a change order to the blanket purchase order established with Socal Auto & Auto Parts, Inc., to increase the total not-to-exceed amount to $53,450 for the purchase of maintenance related bus parts, for Fiscal Year 2020-21; and 3) Approve a change order to the blanket purchase order established with Ford of Montebello, Inc., to increase the total not-to-exceed amount to $57,500 for the purchase of maintenance related bus parts, for Fiscal Year 2020-21; and 4) Take such additional, related action that may be desirable.

22. ADOPT RESOLUTION NO. 21-47 AUTHORIZING THE C ITY MANAGER TO EXECU TE DOCUMENTS TO OBTAIN FUNDS PROVIDED BY SENATE BILL 1 (SB1)

RECOMMENDATION: It is recommended that the City Council:

1) Adopt Reso lution No. 21 -47 authorizing the City Manager to execute documents to obtain funds provided by Senate Bill 1(SB1); and
2) Take such additional, related, action that may be desirable.

23. AWARD PROFESSIONAL S ERVICES AGREEMENT NO . 3889 TO AIR & LUBE SYSTEMS, INC., FOR THE TRANSIT BUS LIFT (HOIST) REPLACEMENT, REQUEST FOR PROPOSAL NO. 21-30

RECOMMENDATION: It is recommended that the City Council:

1) Award Professional Services Agreement No. 3889 to Air & Lube Systems, Inc., in an amount not-to-exceed Four Hundred Ninety -Nine Thousand, Six Hundred Seventy -Five June 23, 2021: City Council Meeting Minutes Page 10 of 11

Dollars ($499,675) for the Transit Bus Lift (Hoist) Replacement, Request For Proposal No. 21-30; and
2) Authorize the City Manager to take action nec essary to execute and finalize a contract on behalf of the city of Montebello; and
3) Take such additional, related, action that may be desirable.

24. ADOPT RESOLUTION NO. 21-45 APPROVING THE CITY’S INVESTMENT POLICY

RECOMMENDATION: It is recommended that the City Council:

1) Adopt Resolution No. 21-45 approving the Investment Policy Statement for the City and Successor Agency as required by Government Code Section 53601 et al.

25. PAYMENT OF BILLS: R ESOLUTION NO. 21 -52 APPROVING THE CIT Y WARRANT REGISTER OF DEMANDS DATED JUNE 23, 2021

RECOMMENDATION: It is recommended that the City Council:

1) Adopt the proposed Resolution approving the Warrant Register dated June 23, 2021.

ORAL COMMUNICATIONS - CONTINUED IF NECESSARY

COUNCIL ORALS
Council member announcements; requests for future agenda items; conference/meetings reports.

1. Councilmember Melendez
a. Cafecito Event
Councilmember Melendez provided an update on item 1.a.

2. Councilmember Jimenez
a. Stride for Pride 5k – in partnership with Run Montebello Run b. Benefit Latino Equality Alliance & The Wall Las Memorias c. Set and establish a Pride Flag/banner policy for future d. Sister City follow-up
e. Past Councilman Phil Ramos
Councilmember Jimenez provided an update on items 2.a., 2.b., and 2.d.; asked for consensus to bring item 2.c. back for City Council consideration; and removed item 2.d. Item

2.c. passed unanimously.

3. Councilmember Peralta
a. June Pride Activities
b. Recognition of the Schurr High School AVID “Marcos Montes Dream Scholarship” recipients: Jonathan Sandoval, Alexis Rios, and Jennifer Lopez c. Request for Presentation on End of the Year Citywide Project Updates d. Cooling Centers
June 23, 2021: City Council Meeting Minutes Page 11 of 11

Councilmember Peralta provided an update on items a -d and asked for consensus on items c and d which were passed unanimously.

4. Mayor Pro Tem Torres
a. Montebello Volunteer Corps.

Mayor Pro Tem Torres provided an update on item 4.a.

5. Mayor Cobos-Cawthorne
a. Update on outdoor dining – Al Fresco Program
Mayor Cobos-Cawthorne provided an update on item 5.a.

ADJOURNMENT

Mayor Cobos -Cawthorne motioned to adjourn the meeting at 9:52 p.m., seconded by Councilmember Peralta motioned to adjourn the meeting. Motion carried unanimously.

THE MINUTES OF JUNE 23, 2021 ARE HEREBY APPROVED AND ADOPTED ON THIS 23RD DAY OF FEBRUARY 2022.

_____________________________________________
Alicia Fernandez, Deputy City Clerk

CLOSED SESSION COMMENTS
ITEM #4
1 Guillen, Kimberly (Admin)
From: mde4peace <[email protected]>
Sent: Wednesday, June 23, 2021 2:43 PM
To: comment, ccpublic
Subject: To be read at the Montebello City Council meeting-Wednesday, June 23, 2021 Emailed at 2:40 p.m. Wednesday, June 23, 2023-please let me know if this was received!
me
To: Mayor and City Council, City Manager, City Attorney, Director of Planning From: Margot Eiser, citizen, person, resident, taxpayer, voter.

Public Comment for closed session Item 4.

I would like the details about what is the property at 112-13 2 S. 6th Street and how is it connected to the Cesar Chavaz Foundation and how much is it costing the city and where is the money coming from and what would the property be used for?
Public Hearing
Item 6.

Please do not make any decision to change to the election system at this time. Because of the lack of provision of any information prior to attempting to make the change in the election system and the limited ability of the public to participate in Public Hearings, I request that you postpone any decision until after all aspects of what a change would entail are studied and discussed by all of us who would be affected. Many more actual public hearings are required.

Regular Session
Public Orals:

To be entered into the Public Record.

Regarding the cu
rrent destruction of the Montebello Hills for
imposition of the much modified Toll Brothers Plan.

The viewscapes described in the Aesthetic Section of the Environmental Impact Report and the images shown in the visual representations in the MHSP are considerably different and not substantially compliant with those resulting from the current unapproved Toll Brothers grading activities.

This is intolerable and upsetting to the residents of the entire city Moved to General Comments
#1

SPEAKER CARDS

GENERAL COMMENTS

GENERAL COMMENTS
1 Guillen, Kimberly (Admin)
From: Ofelia Decipeda <[email protected]> Sent: Wednesday, June 9, 2021 10:43 PM
To: comment, ccpublic
Subject: New Legislation Undermines Local Control
Dear Local Elected Official,
I’m writing to make you aware of a proposal by the California state legislature which would significantly undermine local control.

In its current form, SB 12 imposes a series of new and burdensome regulations on businesses, threatens thousands of housing-related jobs, and would increase the already high cost of living in Southern California.

SB 12 creates more state oversight and regulations on new housing construction, jeopardizing Governor Newsom’s 1.3 million homes for the Southern California region. At a time when the state is facing a housing crisis of historic proportions, SB 12 would only worsen the situation.

The homebuilding industry has presented reasonable amendments to SB 12, which need to be incorporated into the bill. As such, I would respectfully request that your local government ask Governor Newsom and your respective state legislative delegation members to oppose SB 12 unless these necessary amendments are included in the bill.

I appreciate your consideration and thank you for your efforts to help end California’s housing crisis.

Regards,
Ofelia Decipeda
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***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** #1

1 Guillen, Kimberly (Admin)
From: [email protected]
Sent: Saturday, June 12, 2021 2:50 PM
To: comment, ccpublic
Subject: Support for AB 122, bicycle safety yield
Dear Mayor and Councilmembers,
I urge the city to support AB 122.

Background
I’m volunteering with the California Bicycle Coalition (CalBike) on bicycle “stop as yield” legislation. AB 122 has passed the Assembly and will be heard next in the Senate Transportation Committee. For those unfamiliar with this bill, it changes the Vehicle Code and would allow bicyclists approaching a STOP sign to slow to a reasonable speed, yield to other traffic, and then proceed through the intersection without requiring to a complete stop if not necessary. That is, as a DePaul University study found, the existing behavior of 96 percent of the bike riders observed in Chicago. It has bee n the law in Idaho since 1982, so there is nearly forty years of successful experience with the concept’s implementation.

Crashes in Idaho (and now Delaware) decreased after the law was changed.

The safety benefit is real. Cycling is safer because bike riders spend less time in da ngerous intersections, don’t have to stop and awkwardly start up again, and streets with many stop ‐controlled intersections become a more attractive options than busy, higher speed arterials.

Reforming existing law would decriminalize rational behavior that is safe (performed millions of times a day by cyclists across the country).

It would limit arbitrary and sometimes discriminatory enforcement. It would promote bicycling, and in my opinion, create a cultural change amongst the general public and political decision‐makers by changing “scofflaw” bicyclists into respectable law‐abiders.

Idaho no longer stands alone as the only state with this law. Since CalBike’s last efforts on si milar legislation in 2017, stop as yield laws have passed in Delaware, Arkansas, Oregon and Washington. Colorado passed standards for its city/county opt‐in law. Already this year three additional states have passed stop as yield legislation: Utah, North Dakota and Oklahoma.

Currently, six states have stop as yield bills in process or soon will have. They are CA, CO, DE, NJ, NY, and VA, DE is seeking an extension since their law sunsets this year. CO is trying to make stop as yield the law statewide and replace the current opt‐in law. The Virginia bill fa iled, although the legislation there called for a “review of the issues” with a report due Dec. 1, based on study led by the state police.

The California bill has the support of the League of American Bicyclists, Rails‐to‐Trails Conservancy, Adventure Cycling Association and PeopleforBikes, an industry organization. More than seventy other entities support the bill, including the city of Sacramento, Local Government Commission, Natural Resources Defense Fund, Vision Zero Network, the Yolo Solano Air Quality Management District, the Coalition for Clean Air, Public Health Advocates, numerous California bike clubs and advocacy groups, and pedestrian advocacy organizations.

We need
more California cities to register their support, which may be done conveniently through the Legislature’s Position Letter Portal.

There are opponents to the bill. Their arguments are based on fear and speculation, not evidence. Stop as yield laws have worked in other states. There is no doubt that momentum for the conc ept continues to build. California currently is #2
2 the only West Coast state that has not adopted stop as yield, and is one of only a handful of states in the entire Western United States that has not reformed its law.

If you have any questions, please let me know. This is a big deal for bicyclists. It would have i mmediate positive impacts, with no need for lengthy planning or costly infrastructure.

Thank you,

Walt Seifert
Sacramento Trailnet
(916) 455‐7561

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***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** #2
1 Guillen, Kimberly (Admin)
From: [email protected]
Sent: Wednesday, June 16, 2021 2:11 PM
To: comment, ccpublic
Subject: pay
Dear Montebello City Council

The people of Montebello demand hero pay ordinance to extend for another 180 days as it expired. Grocery store workers deserve fair compensation for all of 2021 after all they have done for us, because we all need to eat. Because of Montebello leadership other cities LA, LA County, Long Beach, Culver City, Sant a Ana, Pomona, Buena Park, Coachella, West Hollywood, El Monte, Burbank, Glendale, Santa Monica, San Francisco, Irvine, Costa Mesa, Oakland, San Mateo, San Jose, Alameda, Berkeley have adopted a hazard pay policy. Cashiers, stockers, butchers, grocers, baggers and others have risked their lives so we have everything we need to stay home to get through this pandemic. While these companies have seen massive profits, it has not trickled down to their employees because of greedy CEOs and shareholders.

Greed is not good, companies like Kroger, Walmart can afford hazard pay, higher wages also benefit other city businesses, as more people would have extra money to buy additional goods, pay down debts and increase their savings. Grocery store workers continue to show up every day, serving customers and providing essentials that reside nts need to stay safer at home. Their greater risk of exposure to COVID is by definition hazardous work, and the money they earn must be commensurate with those risks associated. Mortality rate for workers in food and agriculture has gone up because of this pandemic so providing these workers with $5 hazard pay for another 180 days or until January 2022 is the least we can do.

#3
2 Kathy
Finn, secretary‐treasurer for United Food and Commercial Workers Local 770, which represents 25,000 grocery and drug retail workers in Los Angeles, Ventura, Santa Barbara and San Luis Obispo counties, said daily conditions have drastically changed for the industry's employees. "The reality of being a grocery or drug store worker in 2020 and still in 2021 is that your job has f
undamentally changed, the risk has increased exponentially, but the pay has stayed the same,'' she said. California Grocers Association filed federal lawsuits against Long Beach, West Hollywood and Montebello, seeking to declare hazard pay invalid and unconstitutional, contending that grocers will no t be able to absorb the additional pay without raising prices, closing stores, reducing hours or laying off employees. But a federal judge denied the association's bid to overturn Long Beach ordinance, so we demand permanent hero pay until pandemic is declared over by the governor.

This message and any attached document is sent priv ately in the public interest and may contain candid, open, and truthful advice, recommendations, opinions, proposals, and information that is privileged, proprietary, non‐public and exempt from disclosure, confidential or otherwise protected by law, and may be subject to executive, diplomatic, judicial, clerical, deliberative process or other privilege and is intended solely for the recipient and not for disclosure or distribution. If you are not the intended recipient, or an employee or agent responsible for delivering this message to the intended recipient, you are hereby notified that you are prohibited from reviewing, retransmitting, printing, copying, scanning, disseminati
ng, uploading or otherwise using in any manner this email or any attachments to it. Please notify the sender immediately by email if you have received this email by mistake and delete this email from your system.

Email transmission cannot be guaranteed to be secure or error‐free as information could be int ercepted, modified, corrupted, lost, destroyed, manipulated, incomplete, arrive late or contain viruses. The sender therefore does not accept liability for any errors, revisions or omissions in the contents of this message which arise as a result of email transmission or unauthorized disclosure or distribution. #3
1 Guillen, Kimberly (Admin)
From: mde4peace <[email protected]>
Sent: Wednesday, June 23, 2021 2:43 PM
To: comment, ccpublic
Subject: To be read at the Montebello City Council meeting-Wednesday, June 23, 2021 Emailed at 2:40 p.m. Wednesday, June 23, 2023-please let me know if this was received!
me
To: Mayor and City Council, City Manager, City Attorney, Director of Planning From: Margot Eiser, citizen, person, resident, taxpayer, voter.

Public Comment for closed session Item 4.

I would like the details about what is the property at 112-132 S. 6th Street and how is it connected to the Cesar Chavaz Foundation and how much is it costing the city and where is the money coming from and what would the property be used for?
Public Hearing
Item 6.

Regular Session
Public Orals:

To be entered into the Public Record.

Regarding the curren
t destruction of the Montebello Hills for
imposition of the much modified Toll Brothers Plan.

This is intolerable and upsetting to the residents of the entire city Moved to Closed Session Comments
#4
2 and are especially negatively affecting those in the La Merced area.

This is a violation of the California Environmental Quality Act (CEQA).

The City as lead agency must remedy this immediately!!!! Revise the Toll Brothers Plans to be fully compliant with the Lead Agencies Approved EIR and MHSP
or Revise and Recirculate the EIR and MHSP or better yet, follow the will of us, the people, residents, taxpayers and voters and STOP the entire project completely!!!!

---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** 1 Guillen, Kimberly (Admin)
From: James Flournoy <[email protected]>
Sent: Wednesday, June 23, 2021 2:53 PM
To: comment, ccpublic
Subject: Stormwater
City of Montebello
Mayor
and City Council
I would like an update on the City’s Stormwater master plan.

As you know regulations on chemicals, fertilizers, pesticides, herbacides, as well as trash are increasing
and prevention/ cleanup will be expensive, we do not want to be caught napping In addit
ion stormwater runoff, recycling, Cisterns, green
roof, etc. regulations have changed and are being
changed more
Drought, Global Warming, Climate Change, Clean Water
efforts will push
Her
e is another example, one of many being considered
Culver City Stormwater Quality Master Plan
2021.5.26‐swqmp‐draft.pdf (culverci
ty.org)
Jim Flournoy
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***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** #5
ITEM NO. 6
CVRA - By-District Election System
1 Guillen, Kimberly (Admin)
From: Alex Hilke <[email protected]>
Sent: Wednesday, June 23, 2021 1:51 PM
To: comment, ccpublic
Subject: Public Comment: Open Bid Contracts
Dear City Council,
First off, thank you for approving the transition to district-based elections beginning with the next election in 2022. District-based elections will ensure that every corner of Montebello will have a seat at the table and will have their voices heard. In the related memo on tonight’s agenda, City Attorney Alvarez-Glasman sought early cost estimates from the National Demographics Corporation and Nielsen Merksamer to act as the demographer and legal counsel on this project respectively. The City Council has a fiduciary responsibility to the residents of Montebello to go beyond the first companies that Mr. Alvarez-Glasman was able to get into contact with and investigate other options.

The City Council should instead open the positions of Demographer and Election Law Counsel to a transparent open bid process. One where a public notice is posted on the city website with application instructions. Doing so would ensure that the City Council would be hiring the best demographer and legal counsel at their most affordable rate. The City Council could adopt the same hiring process that the California Citizens Redistricting Commission used in 2010 and this year to receive public bids. All applications should be publicly available online for the public to review and comment on at the close of the application period and before the City Council publicly approves a bid.

It is urgent that the city council begin the open bid process tonight as the Census Block Data will be released August 30th and the City must have a redistricting done during the month of September. Which means the City Council has two months to have staff in place. And one month to accept potential bids. Time is of the essence. The City Council, and the City Council alone, has the power to do the right. To open the Demographer and Election Law Counsel to open bid and public review. And we hope the City Council will use that power.

Sincerely,
Montebello-Pico Rivera Democrats
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** #1
1 Guillen, Kimberly (Admin)
From: mde4peace <[email protected]>
Sent: Wednesday, June 23, 2021 2:43 PM
To: comment, ccpublic
Subject: To be read at the Montebello City Council meeting-Wednesday, June 23, 2021 Emailed at 2:40 p.m. Wednesday, June 23, 2023-please let me know if this was received!
me
To: Mayor and City Council, City Manager, City Attorney, Director of Planning From: Margot Eiser, citizen, person, resident, taxpayer, voter.

Public Comment for closed session Item 4.

I would like the details about what is the property at 112-132 S. 6 th Street and how is it connected to the Cesar Chavaz Foundation and how much is it costing the city and where is the money coming from and what would the property be used for?
Public Hearing
Item 6.

Regular Session
Public Orals:

To be entered into the Public Record.

Regarding the current
destruction of the Montebello Hills for
imposition of the much modified Toll Brothers Plan.

This is intolerable and upsetting to the residents of the entire city Moved to Closed Session Comments
#2
ITEM NO. 9
Fiscal Year 2021-22 Operating and
Capital Budget
1 Guillen, Kimberly (Admin)
From: Olga Montes <[email protected]>
Sent: Wednesday, June 23, 2021 1:14 PM
To: comment, ccpublic
Subject: 9.FY21-22 Budget
Honorable Mayor and City Counsel,
You represent the city residents for transparency and accountability. The FUND BALANCE let's city know the financial standing of the city. That is an important document to leave out of the budget. The same goes for the 16+ MILLION DOLLARS.

Thank you for caring and understanding the importance of this matter that affects our present residents and the future of our city.

Thank you,
O. Montes
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** #1
1 Guillen, Kimberly (Admin)
From: Katelyn munoz <[email protected]>
Sent: Wednesday, June 23, 2021 1:43 PM
To: comment, ccpublic
Subject: David N. Torres
New budget sounds good but where’s the current budget balance ??? A fund balance report along with ARPA budget should also be transparent.

Transparency is key. ……a concerned Citizen
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***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***
#2

CITY OF MONTEBELLO CITY COUNCIL

REGULAR MEETING AGENDA

M I N U T E S

WEDNESDAY, AUGUST 11, 2021 AT 5:30 P.M.

CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD

MONTEBELLO, CALIFORNIA

OPENING CEREMONIES

CALL TO ORDER – Mayor Cobos-Cawthorne called the meeting to order at 5:33 p.m.

ROLL CAL L – Members present were Mayor Cobos -Cawthorne, Mayor Pro Tem Torres, Councilmember Jimenez, Councilmember Melendez, and Councilmember Peralta.

PUBLIC COMMENTS FOR CLOSED SESSION ITEMS
None

CLOSED SESSION – 5:30 P.M.

Mayor Cobos -Cawthorne recessed the meeting into Closed Session at 5:27 p.m. to consider the following closed session items:

1. THREAT TO PUBLIC SERVICES OR FACILITIES
Government Code Section 54957
Consultation with City Manager, Police Chief, City Attorney and other related City officials

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(d)(2)
Threat of litigation – One matter related to the CVRA

Mayor Cobos -Cawthorne reconvened the meeting at 6:31 p.m. During Closed Session the City Council received a briefing on Items 1, 2, and there was no direction or action taken. It was motioned August 11, 2021: City Council Meeting Minutes Page 2 of 8

by Councilmember Jimenez, seconded by Councilmember Melendez to add Item 2b as a subsequent need matter pursuant to Government Code Section 54954.2(b)(2); motion carried unanimously. No action was taken on Item 2b.

REGULAR SESSION – 6:30 P.M.

INVOCATION – City Clerk Jimenez

FLAG SALUTE – Sergeant Armando Miranda, Air Force Veteran

CORRECTIONS TO THE AGENDA – CITY MANAGER
It was motioned by Councilmember Melendez, seconded by Councilmember Jimenez to add the following two below; motion carried unanimously:

 One (1) Presentation Item: “RECOGNITION OF FATIMA RANJBAR OF ECOLOGICA ORGANIC SKIN CORP. AND COLLABORATING PARTNERS, ROSIE RIVERA AND CHISME EN VIVO”

 One (1) Consent Calendar Item No. 24: “APPROVE REFUND OF HI GHWAY SAFETY

IMPROVEMENT PROGRAM (HSIP) GRANT FUNDS T O THE CALIFORNIA DEP ARTMENT OF TRANSPORTATION IN THE AMOUNT OF $51,248”

PRESENTATIONS

3. CITIZEN OF THE MONTH – BETTY PERALTA – Presented by Mayor Cobos-Cawthorne

4. NATIONAL WELLNESS MONTH – Presented by Mayor Cobos-Cawthorne

5. CALIFORNIA VOTER RIGHTS ACT UPDATE – Presented by City Attorney Alvarez-Glasman

PUBLIC COMMENTS ON NON-AGENDA ITEMS (30 MINUTES)
The City Clerk’s office acknowledged four (4) public comments submitted to the Cit y’s public comment email address. Said comments are on file at the City Clerk’s office.

STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST – None

PUBLIC HEARING

6. PUBLIC HEARING TO CONSIDER APPROVING PROPOSED RESOLUTION NO. 21-75 NAMING

THE LOG CABIN AT CITY PARK AFTER BILL WALTERS

The City Clerk’s office acknowledged one (1) public comment submitted to the City’s public comment email address. Said comment is on file at the City Clerk’s office.

Councilmember Melendez motioned, seconded by Councilmember Jimenez that the City Council:

August 11, 2021: City Council Meeting Minutes Page 3 of 8

RECOMMENDATION: It is recommended that the City Council conduct a public hearing and consider the following:

1) Approval of proposed Resolution No. 21 -75 naming the log cabin at City Park after Bill Walters; and
2) Take such additional, related, action that may be desirable.

Motion carried unanimously.

7. INTRODUCTION AND WAI VING FIRST READING O F ORDINANCE NO. 2441 APPROVING A

ZONE CODE AMENDMENT TO AMEND THE MONTEBELLO MUNICIPAL CODE TO ESTABLISH

AN ART IN PUBLIC PLACES PROGRAM AND A DVISORY COMMITTEE, M ODIFY SECTION

17.62.050 OF THE MONTEBELLO MUNICIPAL CODE TO REMOVE “MURALS” FROM THE LIST OF PROHIBITED SIGNS; ADOPT A CEQA EXEMPTION UNDER § 15061(B)(3)

Mayor Pro Tem Torres offered suggestions to be incorporate into the proposed Ordinance .

It was motioned by Mayor Pro Tem Torres to table this item and bring it back for consideration of introduction after Staff incorporates the suggestions made to the repairs and alteration of number of units and for Staff to provide a red -line version of the recommended changes for City Council’s review; seconded by Councilmember Peralta; motion carried unanimously.

REGULAR BUSINESS

8. ESTABLISH MILITARY AD HOC COMMITTEE

Councilmember Melendez motioned, seconded by Mayor Pro Tem Torres that the City Council appoint Mayor Cobos -Cawthorne and Councilmember Jimenez as members to the Ad Hoc and:

RECOMMENDATION: It is recommended that the City Council:

1) Take action to establish a Military Ad Hoc Committee; and 2) Take action to appoint two members; and
3) Take such additional, related action that may be desirable.

Motion carried unanimously.

9. CONSIDERATION OF APP OINTMENT FOR TWO (2) VACANT SEATS ON THE TRAFFIC

COMMITTEE

The City Clerk’s office acknowledged one (1) public comment submitted to the City’s public comment email address. Said comment is on file at the City Clerk’s office.

Councilmember Jimenez motioned, seconded by Councilmember Melendez that the City Council table this item to future meeting; motion carried unanimously.

August 11, 2021: City Council Meeting Minutes Page 4 of 8

10. CONSIDERATION OF APP OINTMENT FOR TWO (2) VACANT SEATS ON THE FISCAL

ACCOUNTABILITY AND INVESTMENT COMMITTEE

The City Clerk’s office acknowledged one (1) public comment submitted to the City’s public comment email address. Said comment is on file at the City Clerk’s office.

Councilmember Jimenez motioned, seconded by Councilmember Melendez that the City Council table this item to future meeting; motion carried unanimously.

11. AUTHORIZATION TO HOST A DIA DE LOS MUERTOS COMMUNITY ALTAR

Councilmember Peralta motioned, seconded by Councilmember Melendez

RECOMMENDATION: It is recommended that the City Council:

1) Authorize staff to schedule and host a Dia de los Muertos community altar; and 2) Take such additional, related, action that may be desirable.

Motion carried unanimously.

12. AUTHORIZATION TO HOST A PET CARE FAIR AND PET VACCINATION CLINICS

Councilmember Peralta motioned, seconded by Councilmember Melendez

RECOMMENDATION: It is recommended that the City Council:

1) Authorize staff to schedule and host a Pet Care Fair in January of 2022; and 2) Authorize staff to schedule and host quarterly pet vaccination clinics beginning in January of 2022; and
3) Take such additional, related, action that may be desirable.

Motion carried unanimously.

CONSENT CALENDAR
One member of the public submitted a written comment on Item No ’s 14, 16, and 17.

Councilmember Jimenez motioned that Item No’s. 13, 15, and 1 8-23 be approved, seconded by Councilmember Melendez; motion carried unanimously.

13. SECOND READING – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MONTEBELLO ADDING CHAPTER 2.10 TO THE MONTEBELLO MUNICIPAL CODE ESTABLISHING CAMPAIGN

CONTRIBUTION LIMITS FOR CITY ELECTIVE OFFICE

RECOMMENDATION: It is recommended that the City Council:

August 11, 2021: City Council Meeting Minutes Page 5 of 8

1) Approve the Second Reading and adoption Ordinance No. 2440 establishing a maximum campaign contribution limit of $5,000 per year for candidates for elective City office; and 2) Take such additional, related, action that may be required for the adoption of this Ordinance.

14. INTRODUCTION AND WAI VING FIRST READING O F ORDINANCE NO. 2442 AMENDING CHAPTER 10.32 - “STOPPING, STANDING AND PARKING” OF THE MONTEBELLO MUNICIPAL

CODE AUTHOR IZING ISSUANCE OF MO NTHLY, OVERNIGHT AND WEEKEND PARKING

PERMITS AT CITY OWNED OR OPERATED OFF-STREET LOTS AND PARKING FACILITIES

The City Clerk’s office acknowledged one (1) public comment submitted to the City’s public comment email address. Said comment is on file at the City Clerk’s office.

Councilmember Jimenez motioned, seconded by Councilmember Melendez that the City Council:

1) Introduce, and waive First Reading of an Ordinance amending Chapter 10.32 – “Stopping, Standing and Parking” of the Montebello Municipal Code authorizing issuance of monthly, overnight, and weekend parking permits for residents at City -owned or operated off-street lots and parking facilities; and
2) Authorize, the City Manager or his designee(s), to erect the required signage per California Vehicle Code sections 21113 and 22519 giving notice of special conditions, regulations, prohibitions, restrictions and/or regulations ushered i n by the proposed Ordinance; and
3) Take such additional, related action that may be desirable.

Motion carried unanimously.

15. AWARD A PROFESSIONAL SERVICES AGREEMENT T O SALLY SWANSON ARCH ITECTS, INC.

FOR THE PREPARATION OF THE AMERICANS WIT H DISABILITY ACT (ADA) SELF - EVALUATION AND TRANSITION PLAN (RFQ 21-18)

RECOMMENDATION: It is recommended that the City Council:

1) Award a Professional Services Agreement to Sally Swanson Architects, Inc. for the Preparation of the Americans with Disability Act (ADA) Self -Evaluation and Transition Plan (RFQ 21-18) in a not-to-exceed amount of $162,345; and 2) Authorize the City Manager to execute and Agreement on behalf of the City (Attachment A); and
3) Take such additional, related, action that may be desirable.

16. CONCOURSE AVEN UE IMPROVEMENT PROJE CT (CP NO. 880) - AUTHORIZATION TO

ADVERTISE FOR CONSTRUCTION

The City Clerk’s office acknowledged one (1) public comment submitted to the City’s public comment email address. Said comment is on file at the City Clerk’s office.

August 11, 2021: City Council Meeting Minutes Page 6 of 8

Councilmember Jimenez motioned, seconded by Councilmember Melendez that the City Council:

1) Approve the Plans, Specifications, and Estimate (PS&E) for the Concourse Avenue Improvement Project (CP No. 880); and
2) Authorize the City Clerk to publish the Notice Inviting Bids (Attachment A); and 3) Approve the Notice of Exemption (Attachment B) for the subject project and authorize the City Clerk to file the Notice of Exemption with Los Angeles County Registrar-Recorder; and
4) Approve the Total Project Budget (Attachment C).

Motion carried unanimously.

17. VARIOUS STREETS IMPROVEMENT PROJECT (CP NO. 881) - AUTHORIZATION TO ADVERTISE

FOR CONSTRUCTION

The City Clerk’s office acknowledged one (1) public comment submitted to the City’s public comment email address. Said comment is on file at the City Clerk’s office.

Councilmember Jimenez motioned, seconded by Councilmember Melendez that the City Council:

1) Approve the Plans, Specifications, and Estimate (PS&E) for the Various Streets Improvement Project (CP No. 881); and
2) Authorize the City Clerk to publish the Notice Inviting Bids (Attachment A); and 3) Approve the Notice of Exemption (Attachment B) for the subject project and authorize the City Clerk to file the Notice of Exemption with Los Angeles Registrar-Recorder; and 4) Approve the Total Project Budget (Attachment C).

Motion carried unanimously.

18. APPROVE AMENDMENT NO . 2 TO AGREEMENT NO. 3697 WITH AVAIL TECH NOLOGIES, INC., FOR MAINTENANC E AND SUPPORT OF MON TEBELLO BUS LINES’ I NTELLIGENT

TRANSPORTATION SYSTEM AND FIXED ROUTE PASSENGER INFORMATION SYSTEM

RECOMMENDATION: It is recommended that the City Council:

1) Approve Amendment No. 2 to Agreement No. 3697 with Avail Technologies, Inc. (Avail), to extend software maintenance and support services for a one -year term with Montebello Bus Lines (MBL) for its Intelligent Transportation System (ITS) and Fixed Route Passenger Information System; and
2) Authorize the City Manager and/or designee to execute Amendment No. 2 on behalf of the City; and
3) Take such additional, related, action that may be desirable.

August 11, 2021: City Council Meeting Minutes Page 7 of 8

19. ADOPT RESOLUTION NO. 21-69 APPROVING MONTEBE LLO BUS LINES’ FREE FARE SCHEDULE FOR FISCAL YEAR 2021-22

RECOMMENDATION: It is recommended that the City Council:

1) Adopt Resolution No. 21-69 approving Montebello Bus Lines’ (MBL) Free Fare Schedule for Fiscal Year 2021-22; and
2) Take such additional, related, action that may be desirable.

20. ADOPT RESOLUTION NO. 21-72 AUTHORIZING THE D IRECTOR OF FINANCE T O SUBMIT A

CLAIM FOR FUNDING PROVIDED BY THE TRANSPORTATION DEVELOPMENT ACT THROUGH

THE LOCAL TRANSPORTA TION FUND AND THE ST ATE TRANSIT ASSISTAN CE FUND FOR FISCAL YEAR 2021-22

RECOMMENDATION: It is recommended that the City Council:

1) Adopt Resolution No. 21 -72 authorizing the Director of Finance to submit a claim for funding provided by the Transportation Development Act through the Local Transportation Fund and the State Transit Assistance Fund for Fiscal Year 2021-22; and 2) Take such additional, related, action that may be desirable.

21. ADOPT RESOLUTION NO. 21-73 AUTHORIZING THE SUBMISSION OF AN APPLICATION FOR

THE FEDERAL TRANSIT ADMINISTRATION AREAS OF PERSISTENT POVERT Y COMPETITIVE GRANT

RECOMMENDATION: It is recommended that the City Council:

1) Adopt Resolution No. 21-73 authorizing the submission of an application for the Federal Transit Administration (FTA) Areas of Persistent Poverty Competitive Grant (Grant); and 2) Take such additional, related, action that may be desirable.

22. APPROVAL OF TELECOMMUNICATIONS AND UTILITIES COST SAVINGS AG REEMENT WITH

PROCURE AMERICA

RECOMMENDATION: It is recommended that the City Council:

1) Approve a cost sharing agreement with Procure America for conducting a comprehensive review of the City’s telecommunications and utilities billings and finding ongoing cost savings. The identified and confirmed annual savings are approximately $115,000 for utilities (e.g., electric, gas, water) and $150,000 for telecommunications. The annual cost sharing amount is calculated at fifty percent (50%) of the savings amount, which would be approximately $57,500 for utilities and $75,000 for telecommunications annually, for a period of three years.

23. PAYMENT OF BILLS: R ESOLUTION NO. 21 -74 APPROVING THE CIT Y WARRANT REGISTER OF DEMANDS DATED AUGUST 10, 2021
August 11, 2021: City Council Meeting Minutes Page 8 of 8

Councilmember Jimenez motioned, seconded by Councilmember Melendez that the City Council adopt the proposed Resolution approving the Warrant Register dated August 10, 2021; motion carried unanimously.

24. APPROVE REFUND OF HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) GRANT FUNDS TO THE CALIFORNIA DEPARTMENT OF TRANSPORTATION IN THE AMOUNT OF $51,248

This item was added to the agenda during “Corrections to the Agenda”. It was motioned by Councilmember Melendez, seconded by Councilmember Jimenez to add the item; motion carried unanimously.

Councilmember Melendez motioned, seconded by Councilmember Jim enez that the City Council:

1) Approve a refund payment to the California Department of Transportation (Caltrans) in the amount of $51,248 for HSIP grant fund expenses deemed disallowed in the November 2020 Incurred Cost Audit; and
2) Amend the Fiscal Year 2021-22 adopted budget by increasing appropriations by $51,248 in Account No. 100 -30-330-7050 (General Fund, Public Works, Engineering, Miscellaneous Expense); and
3) Take such additional, related, action that may be desirable.

Motion carried unanimously.

ORAL COMMUNICATIONS - CONTINUED IF NECESSARY

COUNCIL ORALS
Council member announcements; requests for future agenda items; conference/meetings reports.

1. Councilmember Melendez – None

2. Councilmember Jimenez – None

3. Councilmember Peralta – None

4. Mayor Pro Tem Torres – None

5. Mayor Cobos-Cawthorne – None

ADJOURNMENT
Mayor Cobos -Cawthorne motioned to adjourn the meeting at 7:43 pm., seconded by Councilmember Melendez; motion carried unanimously.

THE MINUTES OF AUGUST 11, 2021 ARE HEREBY APPROVED AND ADOPTED ON THIS 23RD DAY OF FEBRUARY 2022.

_____________________________________________
Alicia Fernandez, Deputy City Clerk

GENERAL COMMENTS
1 Guillen, Kimberly (Admin)
From: Julian Cepeda <[email protected]>
Sent: Wednesday, July 28, 2021 3:59 PM
To: comment, ccpublic
Subject: Public Comment 7/28
Dear Honorable Mayor and City Council:

The Rio Hondo Channel is a recreation space used for walking, running, and biking by people and pets of all ages. I have been sad to see the high amount of illegal dumping that happens there. I understand it is an ongoing battle, and that the city and the county have taken many steps to address issues there. Sadly, it is not enough.

Trash is dumped daily, and clean up efforts offer only temporary relief.

That is why I am excited to see and participate in a resident-driven movement to clean up the area. I want to step up for my community where there is a need, and with the city's help volunteers can be empowered to take ownership and responsibility for keeping our own natural resources clean.

I understand that there are concerns about dangers in the area. They have been explained to me and I can see why there may be some hesitancy to endorse such a project. However, I believe with strict safety measures, rules, and guidelines, that volunteers can have a safe and fun experience while changing our community for the better.

Please vote in favor of directing the city to research liability coverage for a Rio Hondo Channel volunteer cleanup.

Sincerely,
Julian Cepeda
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** #1
1 Guillen, Kimberly (Admin)
From: Carlos Carrillo <[email protected]> Sent: Friday, July 30, 2021 8:26 AM
To: comment, ccpublic
Subject: New Legislation Undermines Local Control
Dear Local Elected Official,
I’m writing to make you aware of a proposal by the California state legislature which would significantly undermine local control.

I appreciate your consideration and thank you for your efforts to help end California’s housing crisis.

Regards,
Carlos Carrillo
*******Attached is a list of names that submitted the same comment. ******* #2
General Comments - New Legislation
# Name
1 Sherry Stephenson
2 Jana Van-Dyck
3 Lela Fernandez
4 Sheryl Sutterfield
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
1 Guillen, Kimberly (Admin)
From: mde4peace <[email protected]>
Sent: Wednesday, August 11, 2021 1:11 PM
To: comment, ccpublic
Subject: Public Comments to be read at Montebello City Council Meeting Wednesday, August 11, 2021
To: Montebello City Council,staff, commissioners et al.

From: Margot Eiser, concerned citizen, person, resident, taxpayer voter.

Please have these comments read out loud and put into the Public Record. Responses would be appreciated and useful.

Public Comment on Non-Agenda Items:

Good evening.

I don't know if you are aware of this, but Montebello has been officially designated as a park poor city! As far as an alleged housing shortage, it is quite obvious that there are already lots of people living in existing houses, apartments and condos complexes, though many are probably deliberately being left vacant for tax credit or investment. Instead of more condos, apartments or investment housing, we the people of Montebello should have more parks and open space to protect our health and meet our recreational needs and the needs of threatened and endangered species that live in the Hills and to counteract catastrophic climate change. This parkland /open green space deficit should be remedied now by YOU as our representatives using your powers for our benefit . You should immediately consult an unbiased outside attorney familiar with hazardous developments and environmental matters, to stop the oil field condo project at its current phase to find out how recent legislation could allow you to modify an agreement that doesn't consider a number of hazardous elements that weren't addressed significantly in the Environmental Impact Report. Addressing a different park/open space deficiency problem, PLEASE don't let more buildings be put on to OUR Golf Course!

Public Hearing
Item 6
This building used to be the BOY Scout house and should be acknowledged as such. While it is very good that this one historically significant building has been saved, many, many others have been destroyed because the city currently does not have rules to prevent that. Any proposed destruction should immediately stopped and the new General Plan is made to include a strictly enforced Historical Designation and Preservation Element!!! Items 9 and 10-Appointment for vacant seats on Traffic and Fiscal Accountability and Investment Commissions:

Because it appears that some recent decisions have been made which are not to the benefit of us, the citizens, people, residents, tax payers, voters, in order to serve us better, there must be only RESIDENTS of the city allowed to serve as members of these and other advisory commissions.

Item 14:
1)Recently when I called about continuous lack of access by street cleaners to a certain area because of cars #3
1 Guillen, Kimberly (Admin)
From: Michael W. Popoff <[email protected]>
Sent: Wednesday, August 11, 2021 2:55 PM
To: comment, ccpublic; Linda Strong
Subject: City Council Comments
Please read the following during the Public Comment section of tonight's city council meeting. _______________________________________________________________ Hello Honorable Mayor, councilmembers and city staff.

I would like to call your attention to the fact that this city has a very large parkland deficit and a very large, dangerous, and costly to the city budget hilltop oilfield condo development pending. With all the new and upcoming legislation and rules changes in regards to the placement of residences close to operating oil and gas wells, I believe it is time for you to retain an outside unbiased land use attorney to see if all the substantial irregularities associated with Toll Brothers grading, wildlife killing and development in the hills give you any leverage to make the proposed oilfield condo development into something that might actually benefit the current residents of Montebello. With all the questionable and costly contracts made by the City Manager in the last year, it should be no problem to pay $10,000 to get an expert second opinion on the largest development in Montebello history. Of course, that assumes that you have the best interests of Montebello residents as a priority. Your decision regarding this matter will show whether or not that is true. It may be possible to greatly increase the amount of open space parkland from the paltry 1% of the development area it currently envisions.

As far as I know, the issue of Environmental Justice has never been addressed in regards to any Montebello development, and it is high time that it was. The ability of moneyed, out of town interests to come into lower economic communities of color and ride roughshod over the needs of the residents to enrich corporations needs to be addressed, and this development is a great place to start.

Your truly, Michael W. Samarin-Popoff, 54+ year resident ---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS.

Contact Montebello IT Division if you are unsure.***
#4
ITEM NO. 6 - Naming the Log Cabin
1 Guillen, Kimberly (Admin)
From: mde4peace <[email protected]>
Sent: Wednesday, August 11, 2021 1:11 PM
To: comment, ccpublic
Subject: Public Comments to be read at Montebello City Council Meeting Wednesday, August 11, 2021
To: Montebello City Council,staff, commissioners et al.

From: Margot Eiser, concerned citizen, person, resident, taxpayer voter.

Please have these comments read out loud and put into the Public Record. Responses would be appreciated and useful.

Public Comment on Non-Agenda Items:

Good evening.

Items 9 and 10-Appointment for vacant seats on Traffic and Fiscal Accountability and Investment Commissions:

Item 14:
1)Recently when I called about continuous lack of access by street cleaners to a certain area because of cars ITEM NO. 9 & 10 -
Appointments to Committees
1 Guillen, Kimberly (Admin)
From: mde4peace <[email protected]>
Sent: Wednesday, August 11, 2021 1:11 PM
To: comment, ccpublic
Subject: Public Comments to be read at Montebello City Council Meeting Wednesday, August 11, 2021
To: Montebello City Council,staff, commissioners et al.

From: Margot Eiser, concerned citizen, person, resident, taxpayer voter.

Please have these comments read out loud and put into the Public Record. Responses would be appreciated and useful.

Public Comment on Non-Agenda Items:

Good evening.

Item 14:
1)Recently when I called about continuous lack of access by street cleaners to a certain area because of cars #1
ITEM NO. 14 -
Ordinance No. 2442
1 Guillen, Kimberly (Admin)
From: mde4peace <[email protected]>
Sent: Wednesday, August 11, 2021 1:11 PM
To: comment, ccpublic
Subject: Public Comments to be read at Montebello City Council Meeting Wednesday, August 11, 2021
To: Montebello City Council,staff, commissioners et al.

From: Margot Eiser, concerned citizen, person, resident, taxpayer voter.

Please have these comments read out loud and put into the Public Record. Responses would be appreciated and useful.

Public Comment on Non-Agenda Items:

Good evening.

Item 14:
1)Recently when I called about continuous lack of access by street cleaners to a certain area because of cars #1
2 parked on the designated day, I was told that parking enforcement is only done two days a week! Unless this is changed, there might be a problem enforcing the proposed new parking restrictions etc. Considering that revenue can be gained by issuing tickets in all locations in the city, it would be worth paying someone to be a full time employee who actually works to meet the needs of residents. 2) For best results, the decisions about location and content of signs should be made by a person or people who actually live in the City!!!!

Item 16:

It is imperative that the Concourse Avenue Improvement Project includes repair of severely damaged, long neglected Via Val Verde south from Beverly Blvd. to where it runs into Concourse. Please make sure to add this to the proposed Concourse Avenue project because all residents on the street and those of us who use it regularly need to have it be safe and looking good.

Item 17:

Please let us, the public, have access to a list the proposed projects before any authorization of funding etc. is approved so we can see if those we actually need or have needed for a long time are included and that they will be worked on!!!! For example, there has for a long time been a need for a disabled access curb modification at the corners of my street. I have been told these are 'on the list' yet maybe it is the 'DO NOT DO' list because nothing has been done though some already existing ones at another location on the same street were taken out and replaced when that section of the street was repaved. Please let me know how to get these onto the proper list.

---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** ITEM NO. 16 -
Concourse Avenue Improvement
Project
1 Guillen, Kimberly (Admin)
From: mde4peace <[email protected]>
Sent: Wednesday, August 11, 2021 1:11 PM
To: comment, ccpublic
Subject: Public Comments to be read at Montebello City Council Meeting Wednesday, August 11, 2021
To: Montebello City Council,staff, commissioners et al.

From: Margot Eiser, concerned citizen, person, resident, taxpayer voter.

Please have these comments read out loud and put into the Public Record. Responses would be appreciated and useful.

Public Comment on Non-Agenda Items:

Good evening.

Items 9 and 10-Appointment for vacant seats on Traffic and Fiscal Accountability and Investment Commissions:

Item 16:

Item 17:

---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** ITEM NO. 17 -
Various Street Improvement
Projects
1 Guillen, Kimberly (Admin)
From: mde4peace <[email protected]>
Sent: Wednesday, August 11, 2021 1:11 PM
To: comment, ccpublic
Subject: Public Comments to be read at Montebello City Council Meeting Wednesday, August 11, 2021
To: Montebello City Council,staff, commissioners et al.

From: Margot Eiser, concerned citizen, person, resident, taxpayer voter.

Please have these comments read out loud and put into the Public Record. Responses would be appreciated and useful.

Public Comment on Non-Agenda Items:

Good evening.

Items 9 and 10-Appointment for vacant seats on Traffic and Fiscal Accountability and Investment Commissions:

Item 16:

Item 17:

---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***

CITY OF MONTEBELLO CITY COUNCIL

REGULAR MEETING AGENDA

M I N U T E S

WEDNESDAY, SEPTEMBER 8, 2021 AT 5:30 P.M.

CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD

MONTEBELLO, CALIFORNIA

OPENING CEREMONIES

CALL TO ORDER – Mayor Cobos-Cawthorne called the meeting to order at 5:43 p.m.

ROLL CALL – Members present were Mayor Cobos -Cawthorne, Mayor Pro Tem Torres, Councilmember Jimenez, Councilmember Melendez, and Councilmember Peralta. City Clerk Jimenez and Treasurer Gutierrez were also present.

STAFF PRESENT – City Attorney Arnold Alvarez -Glasman, City Manager René Bobadilla, Assistant City Manager Arlene Salazar, Deputy City Clerk Alicia Fernande z, Assistant to Deputy City Clerk Kimberly Guillen.

PUBLIC COMMENTS FOR CLOSED SESSION ITEMS
None.

CLOSED SESSION – 5:30 P.M.

Mayor Cobos -Cawthorne recessed the meeting into Closed Session at 5:45 p.m. to consider the following closed session items:

1. THREAT TO PUBLIC SERVICES OR FACILITIES
Government Code Section 54957
Consultation with City Manager, Police Chief, City Attorney and other related City officials.

September 8, 2021: City Council Meeting Minutes Page 2 of 7

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(d)(2)
Threat of litigation – One matter related to the CVRA

3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9 (d)(1)
Workers’ Compensation Claim Number: ADJ11069640 WCAB
Name of Case: Romo vs. City of Montebello

Item 3b. was added to the agenda as a subsequent need matter pursuant to Government Code Section 54954.2(b)(2) . It was motioned by Councilmember Peralta, seconded by Councilmember Melendez, that the item be added; motion approved unanimously.

3b. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(d)(2)
Threat of litigation – One matter

Mayor Cobos -Cawthorne reconvened the meeting at 6:44 p .m. During closed session the City Council received a briefing from the City Attorney on Item No’s. 1 and 2; there was no final action taken and nothing to repor t. City Council also received a briefing on Item 3 and direction was provided to staff for a possible resolution with respect of the approval of the resolution consistent with items provided during closed session. City Council received a briefing on Item 3b and there was no reportable action.

REGULAR SESSION – 6:30 P.M.

INVOCATION – Keith Kuba, 1ST Vice Commander and Gunnery Sgt USMC and 1st US Army 40 years retired

FLAG SALUTE – Keith Kuba 1ST Vice Commander and Gunnery Sgt USMC and 1st US Army 40 years retired

CORRECTIONS TO THE AGENDA – CITY MANAGER – None

PRESENTATIONS

4. RECOGNITION OF CITIZEN OF THE MONTH – PAMALA SAKAMOTO – Presented by Mayor Cobos-Cawthorne

5. PROCLAMATION FOR AMERICAN LEGION DAY – Presented by Mayor Cobos-Cawthorne

6. RECOGNITION OF SO CAL DIRTBAGS YOUTH WORLD SERIES NATIONAL CHAMPIONS – Presented by Mayor Cobos-Cawthorne

September 8, 2021: City Council Meeting Minutes Page 3 of 7

7. RECOGNITION OF NATIONAL HISPANIC HERITAGE MONTH , SEPTEMBER 15, 2021 – OCTOBER 15, 2021 – Presented by Mayor Cobos-Cawthorne

8. RECOGNITION OF NATIONAL EMERGENCY PREPAREDNESS MONTH – Presented by Mayor Cobos-Cawthorne

9. GENERAL PLAN UPDATE STATUS REPORT AND REVIEW OF PRELIMINARY DRAFT HOUSING ELEMENT UPDATE (2021-2029) – Presented by Mr. Kaiser Rangwala

PUBLIC COMMENTS ON NON-AGENDA ITEMS (30 MINUTES)
The City Clerk ’s Office called eight (8) members of the public wishing to address the City Council.

Speakers were provided three minutes to address the City Council and said speaker cards are on file at the City Clerk’s office.

The City Clerk ’s Office acknowledged twenty -six (26) written public comme nts submitted to the City’s public comment email address. Said comments are on file at the City Clerk’s office.

STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST – City Manager Bobadilla reminded the public about the 20 year anniversary September 11 th live Facebook event starting at 9 a.m. and invited the public to the Farmer’s Market which is ongoing Thursday evenings for the month of October.

PUBLIC HEARING

10. PUBLIC HEARING ADOPT A RESOLUTION A PPROVING THE FISCAL YEAR 2020 -21

CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER)

No comments were submitted to the City Clerk’s office.

It was motioned by Councilmember Melendez, seconded by Councilmember Jimenez that the City Council:

1) Adopt a Resolution approving the Fiscal Year 2020 -21 draft Consolidated Annual Performance and Evaluation Report (CAPER); and
2) Take such other additional, related, action that may be desirable.

Motion approved unanimously.

OLD BUSINESS

11. FURTHER REVIEW OF A ZONE CODE AMENDMEN T TO AMEND THE MONTE BELLO

MUNICIPAL CODE TO ES TABLISH AN ART IN PU BLIC PLACES PROGRAM AND ADVISORY COMMITTEE, MODIFY SE CTION 17.62.050 OF T HE MONTEBELLO MUNICI PAL CODE TO REMOVE “MURALS” FROM THE LIST OF PROHIBIT ED SIGNS; ADOPT A CE QA EXEMPTION September 8, 2021: City Council Meeting Minutes Page 4 of 7

UNDER § 15061(B)(3) – INTRODUCTION AND WAIVING FIRST READING OF ORDINANCE NO. 2441

NOTE: This matter will be continued to the City Council Meeting of October 13, 2021 or at a date thereafter as determined by the City Council.

It was motioned by Councilmember Jimenez, seconded by Councilmember Melendez that the City Council table this matter to the City Council Meeting of October 13, 2021 ; motion approved unanimously.

REGULAR BUSINESS

12. AUTHORIZATION TO HOST A HEALTH FAIR AND 5K RUN

No public comments were submitted to the City Clerk’s office.

City Manager Bobadilla presented this staff report to the City Council and since the City has not secured a site, Staff recommended tabling this item to a future Regular Meeting.

It was motioned by Cou ncilmember Melendez, seconded by Councilmember Jimenez that the City Counc il table this matter to a future Regular Meeting; motion approved unanimously.

CONSENT CALENDAR
No public comments were submitted to the City Clerk’s office. Mayor Cobos-Cawthorne pulled Item No. 14 for discussion. It was moved by Councilmember Jimenez, seconded by Councilmember Melendez, that Item No’s. 13, and 15-19 be approved; motion carried unanimously.

13. AUTHORIZATION TO ISSUE A REQUEST FOR PROPOSALS (RFP NO. 21-19) FOR ENGINEERING

SERVICES TO ASSIST W ITH THE DEVELOPMENT OF A SYSTEMIC SAFETY ANALYSIS REPORT

PROGRAM (SSARP)

RECOMMENDATION: It is recommended that the City Council:

1) Authorize City Staff to issue a Request for Proposals (RFP No. 21 -19) for e ngineering services to assist with the development of a Systemic Safety Analysis Report Program (SSARP); and
2) Take such additional, related, action that may be desirable.

14. BEACH STREET PAVEMENT AND STORM DRAIN REHABILITATION PROJECT - PHASE 1 (FROM VAIL AVENUE TO 5 TH STREET), CP NO. 883 – AUTHORIZATION TO ADV ERTISE FOR

CONSTRUCTION

September 8, 2021: City Council Meeting Minutes Page 5 of 7

Mayor Cobos-Cawthorne asked that staff discuss the storm drain issues and why the project took so long. Director Enriquez presented the staff report to City Council and explained the different phases of the project.

It was moved by Councilmember Jimenez, seconded by Councilmember Peralta that the City Council:

1) Approve the Plans, Specifications, and Estimate (PS&E) for the Beach Street Pavement Rehabilitation Project Phase 1 (Vail Avenue to 5th Street), CP No. 883); and 2) Authorize the City Clerk to publish the Notice Inviting Bids (Attachment A); and 3) Approve the Notice of Exemption (Attachment B) for the subject project and authorize the City Clerk to file the Notice of Exemption with Los Angeles Registrar-Recorder; and 4) Approve the Total Project Budget of $1,450,000 (Attachment C); and 5) Take such additional, related, action that may be desirable.

Motion carried unanimously.

15. APPROVE AMENDMENT NO . 1 TO AGREEMENT NO. 3399, WITH SAFE USA, INC. FOR

ANNUAL STREET STRIPING, LEGENDS, AND ROAD MARKINGS SERVICES

RECOMMENDATION: It is recommended that the City Council:

1) Approve Amendment No. 1 to Agreement No. 3399, with Safe USA, Inc. for Annual Street Striping, Legends, and Road Markings Services exercising the 2 -year extension at an additional cost not-to-exceed $265,700; and
2) Authorize the City Manager to Execute Amendment No.1 on behalf of the City; and 3) Take such additional, related, action that may be desirable.

16. UTILITY BOX BEAUTIFICATION PROGRAM ARTWORK APPROVAL

RECOMMENDATION: It is recommended that the City Council:

1) Approve artwork recommendations made by the Parks and Recreation Commission; and 2) Amend the Fiscal Year 2021-22 budget by increasing appropriations by $6,400 in Account No. 100-70-710-6040.10 (General Fund, Recreation, Other Contract Services); and 3) Take such additional, related, action that may be desirable.

17. AUTHORIZING THE SUBM ISSION OF AN APPLICA TION TO THE NATIONAL FITNESS

CAMPAIGN AND THE INSTALLATION OF A FITNESS COURT

RECOMMENDATION: It is recommended that the City Council:

1) Authorize the submission of an application to the National Fitness Campaign Grant Program; and
September 8, 2021: City Council Meeting Minutes Page 6 of 7

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

18. APPROVE AN AGREEMENT WITH NEW FLYER OF AM ERICA, INC., TO PURC HASE NINE,

FORTY-FOOT COMPRESSED NATURAL GAS TRANSIT BUSES

RECOMMENDATION: It is recommended that the City Council:

1) Approve an Agreement with New Flyer of America, Inc. (New Flyer), to purchase nine (9), forty-foot (40’) Compressed Natural Gas (CNG) transit buses; and 2) Authorize the Acting Director of Transportation to approve change orders up to two percent of the contract amount; and
3) Take such additional, related action that may be desirable.

19. PAYMENT OF BILLS: R ESOLUTION NO. 21-79 APPROVING THE CITY W ARRANT REGISTER OF DEMANDS DATED SEPTEMBER 8, 2021

RECOMMENDATION: Adopt Resolution No. 21-79 approving the Warrant Register dated September 8, 2021.

ORAL COMMUNICATIONS - CONTINUED IF NECESSARY

AB 1234 TRAVEL REPORTS
Members of the City Council will provide a brief report on meetings attended at the expense of the local agency as required by Government Code Section 53232.3(d).

City Attorney Alvarez -Glasman noted that all five members of the City Council attended the Independent Cities Conference held in Santa Barbara. Councilmember P eralta, Councilmember Melendez, Mayor Pro Tem Torres, and Mayor Cobos-Cawthorne provided an update.

COUNCIL ORALS
Council member announcements; requests for future agenda items; conference/meetings reports.

1. Councilmember Jimenez – made the announcements below:
a. Hispanic Heritage Month – removed this item from her orals. b. Run Montebello Run – invited community to participate in 5k run and the Breast Cancer Awareness Run.
c. Day of the Dead Community Altar – removed this item from her orals.

2. Councilmember Peralta – None

3. Councilmember Melendez – None

4. Mayor Pro Tem Torres – None

5. Mayor Cobos-Cawthorne – made the announcements below:
a. ICA Conference update – provided during AB 1234 Report. b. Personal devices on dais – asked for support to no longer allow personal devices on the dais; consensus was received.

September 8, 2021: City Council Meeting Minutes Page 7 of 7

c. City sponsored events vs. Councilmember events/activities – Defined the difference between a City sponsored event vs. Councilmember event and asked for support to direct Staff to create an Administrative P olicy that d efines a City event versus a City Council sponsored event; consensus was received.

ADJOURNMENT
Councilmember Jimenez motioned to adjourn the meeting at 8:30 p.m.

THE MINUTES OF SEPTEMBER 8, 2021 ARE HEREBY APPROVED AND ADOPTED ON THIS 23RD DAY OF FEBRUARY 2022.

_____________________________________________
Alicia Fernandez, Deputy City Clerk

SPEAKER CARDS

GENERAL COMMENTS

GENERAL COMMENTS
1 Guillen, Kimberly (Admin)
From: Yvette Wong <[email protected]>
Sent: Saturday, August 14, 2021 6:40 PM
To: comment, ccpublic
Subject: New Legislation Undermines Local Control
Dear Local Elected Official,
I’m writing to make you aware of a proposal by the California state legislature which would significantly undermine local control.

In its current form, SB 12 imposes a series of new and burdensom e regulations on businesses, threatens thousands of housing-relate
d jobs, and would increase the already high cost of living in Southern California.

SB 12 creates m
ore state oversight and regulations on new housing construction, jeopardizing Governor Newsom
’s 1.3 million homes for the Southern California reg ion. At a time when the state is facing a housing crisis of historic proportions, SB 12 would only worsen the situation.

The homebuilding industry has presented reasonable amendments to SB 12, which need to be incorporated into
the bill. As such, I would respectfully request that your local government ask Governor Newsom and your respective state legislative delegation members to oppose SB 12 unless these necessary amendments are included in the bill.

I appreciate
your consideration and thank you for your efforts to help end California’s housing crisis.

Regards,
Yvette Wong
#1
The City Clerk's Office received the same comment from the following individuals:
• John Neville
• Kathy Bresman
• Rosemary Oswald
• Lisa Shabazian
• Kathy Bresman
• Ginger Shank
• Wayne Grantham

1 Guillen, Kimberly (Admin)
From: mde4peace <[email protected]>
Sent: Tuesday, August 24, 2021 1:22 PM
To: comment, ccpublic
Subject: Montebello City Council Meeting-Wednesday, August 25, 2021 To: Montebello City Council, staff et al.

From: Margot Eiser, citizen, person, resident, taxpayer, voter Re: Comments to be read aloud during meeting and entered into public record.

Margo Eiser called on August 24th and requested that the following comment be added to the record for the City Council Meeting of September 8, 2021.

Public Orals:

Have not yet been informed of what decision was made by City Council at the special meeting last week. The email announcement came less than twenty four hours beforehand, and unfortunately it started earlier than usual so many people could not get their comments in before the 2:00 p.m. deadline! Emergency Covid restrictions should not be used as an excuse to exclude us the public from our legal and proper notification and consultation rules! Point of information. According to the California Surplus Lands Act, only affordable housing is supposed to be built on actual Surplus Land. More significantly for this officially designated park poor city, land can be designated as surplus to be used for Open Space Purposes
including PUBLIC RECREATION , enjoyment of scenic
beauty or conservation or use of natural resources. Thus it makes no sense to even considerTop Golf's , a private for profit corporation, proposal to build expensive indoor driving range BUILDINGS on OUR publicly owned GOLF COURSE which would decrease the amount of open space available for recreational purposes! Responses would be appropriate and appreciated.
#2
1 Guillen, Kimberly (Admin)
From: Elizabeth Perez <[email protected]>
Sent: Tuesday, September 7, 2021 8:06 PM
To: comment, ccpublic
Subject: Community garden
Good evening,
I wanted to address the fact that montebello doesn't have a community garden or a place where a community can come together and grow, exchange grown food also where people can compost in a healthy soil. Some residents do not have space for a garden or yard to create a garden. Some are unable to garden due to the lack of knowledge also, by providing a safe educational environment for gardening residents can also get to know their neighbors.

Thank you for your time.

Liz from boysgardening
There's compostla expanding that can help with compost which is a great start to help the community get more involved in the climate crisis by reducing trash to the landfills and create healthy soil. ---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** #3
1 Guillen, Kimberly (Admin)
From: carla escobar <[email protected]>
Sent: Tuesday, September 7, 2021 8:20 PM
To: comment, ccpublic
Subject: City council meeting
Hello 👋,
I am interested in a community garden for montebello modeled after the El Sereno community garden. What do we need to do in order to get one started ?
#4
General Comments - Puro Plants
# Name
1 Felicia Marquez
2 Hilaria Larriva
3 Jennifer Tokash
4 Yesmin Cuevas
5 Sandra Davis
6 Ron Finley
7 Kendra Villa
8 Brian Espinoza
9 Emily Hu
10 Jacqueline Ramirez
11 Venessa Eubank
12 Benjamin Ramos
13 Odalys Zamora
14 Mariajose Santana
15 Annalis Flores
1 Guillen, Kimberly (Admin)
From: Felicia Marquez <[email protected]>
Sent: Wednesday, September 8, 2021 11:16 AM
To: comment, ccpublic
Cc: [email protected]
Subject: Important Puro Plants
Dear City of Montebello,
In its simplicity Puro Plants is a breakthrough concept that we must support. While we may think picking and eating naturally grown fruits and vegetables is an innate right we have to live and nourish our bodies, it couldn’t be further from the truth. I have experienced the journey of Matthew Ramos as he has used every moment of his days conceptualizing a vision that is pure and beneficial to the Montebello community bringing education, healing, and our natural rights closer in hand. This 360 lifecycle farm is not the answer to our future; it is the immediate solution we can no longer li
ve without.

It’s hard for us to see the greater vision as we bustle through our lives, running to Costco over purchasing; filing our gas tanks with overpriced gas, and being so tired with our routines that junk food is easier than eating clean. I know it’s hard to slow down and strip away all our prog
ramming and get back to the most natural ways of living. That is what Puro Plants brings, that is what it stands for, and that is the entire point.

It would be a criminal action if we stopped the development and ex pansion of this farm. Closing Puro Plants would turn back the clock on the city of Montebello, proving its lack of innovation and refusal to step forward into a progressive globally focused point of view. Montebello has a great opportunity in Puro Plants, to set pace for other cities exemplifying powerful commu
nity participation for health and wellbeing. This change starts now, this change starts in you, make the decision to keep this farm thriving and give it water to grow.

Sincerely,
Felicia Marquez
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#1
1 Guillen, Kimberly (Admin)
From: Hilaria Larriva <[email protected]>
Sent: Wednesday, September 8, 2021 11:34 AM
To: comment, ccpublic
Subject: I Love Puro Plants
Dear Council Members,
My name is Hilaria Larriva. I grew up in Montebello and I have never seen anything like Puro Plants in our city.

I have learned so much about health and gardening from Matthew Ramos and his team. I am honestly in disbelief that anyone would attempt to shut down the farm. Don’t we need to learn more about health NOW more than ever?
Puro Plants has been therapeutic for me during this Pandemic. It was so nourishing to have an outdoor community space other than a park where I could learn something and be apart of my city which I love.

Please keep Puro Plants up and running. If you help don’t save Puro Plants than it is a great loss to our community.

Thank you,
Hilaria Larriva
--
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Hilaria Larriva

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#2
1 Guillen, Kimberly (Admin)
From: JT <[email protected]>
Sent: Wednesday, September 8, 2021 12:02 PM
To: comment, ccpublic
Cc: Puro Plants; [email protected]
Subject: Fwd: Save Puro Plants Montebello !
To the City of Montebello:

My name is Jennifer Tokash and I am a resident of East Los Angeles and a customer of Southern California Edison. I am a local community member writing in s
upport of Puro Plants and their mission to offer organic plant food options and composting services.

I’ve lived here for 8 years and I’m a runner and run over to the Montebello Golf Course and have seen the vacant lots under the power lines and have dreamed of turning them into city parks or dog parks or literally anything except empty lots. One day I was running by and saw that Puro Plants had opened an urban garden and compost drop off. The dream came true!
I believe in their mission because...
-we need better food options in our community
-composting is a huge way to help the environment
-I like how the land is being utilized for the community I request the City of Montebello take action to support this much needed organization in our community, whether it be the expedition of permits, exemption of fees or assistance in explaining code or zoning laws. Puro Plants is an asset to our community. I ask that you take immediate action to ensure they can continue being of service in Montebello.

Best regards,
Jennifer Tokash
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***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** #3
1 Guillen, Kimberly (Admin)
From: Yezmin Bernal <[email protected]>
Sent: Wednesday, September 8, 2021 12:53 PM
To: comment, ccpublic
Cc: Puro Plants
Subject: Meeting Agenda for 9/13 - ADD PURO PLANTS
PLEASE ADD PURO PLANTS TO NEXT WEEK'S (9/13) CITY COUNCIL MEETING AGENDA Dear City of Montebello,
My na me is Yezmin Cuevas, I have been a resident of Montebello for over thirty years and am writing to you today to show my support for Puro Plants.

This past year I came across an Instagram post from a council member that highlighted the Puro Plants project. REALLY?! Here? In Montebello? These types of projects only happen in nicer areas, like Pasadena. Sadly, those were my thoughts as I read the post. Nevertheless, I was excited to find out more about this projec t that was happening in my community and drove over to the site that same weekend.

It’s been amazing to see the transformation of the vacant lots and all that has flourished in its space. Not only has the garden started to grow, but the community it has touched has grown with it. This past year I’ve witnessed elders come by the garden and ask if they can volunteer to help because it provides a much‐needed outlet where they can get fresh air and be a part of something. I have seen kids excited to grow strawberries and carrots. My children planted marigolds inside garden beds and learned that they help repel insects that might eat the crops. They also helped remove pests from broccoli plants by using
soapy water instead of pesticides.

Fast forward to a year later and the impact this little garden has had on my life. For starters, I went from not really knowing what composting was, how to get started and why it’s important. Now I’m the composting advocate in my family. So much so that I joked with Matthew an d told him I was “breaking up with him” because he had inspired me to purchase my own composter. I still manage to drop off compost at Puro Plants when I take my thirteen‐year‐old godson to drop his compost off. Once he learned how compost recycles our food scraps and regenerates back in to the earth to grow more food, he was eager to help. He asked why more people don't compost and I told him that they just don’t know how or why, just like we didn’t.

Over the past year I have posted about Puro Plants on my social media and the response is always positive.

People ask where it is, comment on how awesome the garden looks, ask if they have kids’ classes and how they wish they had something like Puro Plants in their city as well. It feels good to become that city. The one that enriches its community in health and promotes eating organically in a sustainable way, by growing it for our residents. My back yard now has an abundance of various herbs, trees and vegetables that have been planted since. I am by no means a pro and am grateful to hav e Puro Plants as a resource. For the record, I love Montebello! I know what it was, what it has endured and all that it can be. I see the changes beginning to happen in our beautiful city and truly feel Puro Plants is a part of it. I thank you for your tim e.

Sincerely,
Yezmin Cuevas
#4
1 Guillen, Kimberly (Admin)
From: Sandra Davis <[email protected]>
Sent: Wednesday, September 8, 2021 1:36 PM
To: comment, ccpublic
Cc: [email protected]
Subject: Puro Plants
Hello,
I am writing in as a resident of the ELA/Montebello area to voice my opinion on the importance of having and keeping Puro Plants in their current location. Having recently moved to the area, and raising two small children, i cannot stress enough how important having accessibility to fresh produce is as well as showing the future generations the process and involvement of food growth and sustainability. Having moved from a neighborhood that had various community gardens, farmers markets and composting workshops, seeing a place like Puro Plants in this community brings me comfort knowing we have those same resources in our new neighborhood.

The community will only continue to thrive with Puro Plants providing fresh food, education and programs as well as bringing a significant environmental improvement to the area. With all the information we hear daily on the impact and effects of climate change, having this space in their current location is far more essential than a vacant, unused lot that will surely be filled with trash and debris if not properly maintained. Not only does this space provide food growth but brings knowledge with the hosting of workshops and community gatherings which in turn leads to more care and pride in one’s neighborhood.

Having a resource like Puro Plants in the area for the future generation to take pride in and pride in the land should bring us all in the community delight and reassurance that we are all active and willing participants in the environmental improvement of our neighborhood and selves.

Best,
Sandra Davis
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***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** #5
1 Guillen, Kimberly (Admin)
From: Ron Finley Project <[email protected]>
Sent: Wednesday, September 8, 2021 1:37 PM
To: comment, ccpublic
Cc: Puro Plants; Auri Jackson
Subject: Comment/Support for Puro Plants
To the City of Montebello,
I, Ron Finley, the CEO and Founder of the Ron Finley Project highly advise and recommend that Puro Plants be able to continue the great work they are doing for the community. Being able to provide fresh, locally grown produce to our communities is crucial during the times we live in now. We need to shift from fast food to home-grown food and that is a big part of what Puro Plants is doing.

There needs to be action taken here to keep Puro Plants up and running, and this can be done by the city of Montebello reaching out to Southern California Edison (SCE), to stop the termination of Puro Plants’ license. Until a time is scheduled with a city staff member to discuss the details of the claims, it is vital that they continue growing and providing fresh food to the community. How can we have a humane society when humanity isn’t practiced in regard to supporting organizations like Puro Plants? There should be no question when it comes to the city supporting an organization such as this. I implore you to further look into this and do what you can and need to in order to support Puro Plants and the efforts they are making in your community, even if that entails you finding a new plot of land they can continue their work on.

AllGoodThings.

Ron Finley

THE RON FINLEY PROJECT
[email protected]
www.ronfinley.com
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#6
1 Guillen, Kimberly (Admin)
From: Kendra Villa <[email protected]>
Sent: Wednesday, September 8, 2021 1:45 PM
To: comment, ccpublic
Cc: Puro Plants
Subject: Save Puro Plants
To The City of Montebello,
My name is Kendra Villa, and I am a resident of Montebello and a customer of Southern California Edison. I am in full support of Puro Plants and their mission in our community.

Puro Plants is important for a variety of reasons. Not only does the City of Montebello (nor its neighboring cities, like East Los Angeles or Commerce, etcetera) not have access to many healthy options when it comes to grocery stores and restaurants, but it also does not have many outlets for its residents to learn about healthy living and sustainability. Puro Plants is successfully changing that. It has only been a year (if that) since Puro Plants begun its mission and involvement with our community, and it is understandably becoming a well-loved and valuable part of our community. Gardening and work-out classes, compost drop-off, a farmer's market where the community can engage with one another and be exposed not only to each other's knowledge of healthy living and sustainability but to other small businesses and vendors hoping to one day establish their own stores within the City of Montebello... These are just a few of the many benefits Puro Plants offers the community.

Puro Plants is essential to community building and to our well-being. The classes and volunteer opportunities offered allow individuals of any age to engage in enriching activities. Nature is healing; and the closer we are to the earth, the better we can begin to understand ourselves and our place on this planet. This is what Puro Plants offers us. Considering, as well, the effect this pandemic has had upon our health, both physical and mental, Puro Plants offers a healthy and supportive environment in which we can come together, feel less alone, and work together to heal ourselves and the planet. I'm sure that for many Puro Plants has been detrimental to their well- being during these unprecedented times.

Though I've yet to take the classes offered at Puro Plants, doing so has been on my list of wishes to fulfill. It is more than comforting to know that a place like Puro Plants exists within my community. I get a sense of relief knowing that there are other individuals around me who are interested in the health of our community and our planet, as well, and that Puro Plants will be there if I ever need advice on or guidance in my own efforts in gardening, sustainability, and overall well-being.

Puro Plants is an inspiration and a call to action, not just for ourselves, our health, and well-being but for the re- envisioning of a healthier planet. Recently, the Intergovernmental Panel on Climate Change (IPCC) found that we are currently in a Code Red. This means that our current industrial systems (i.e. the industrial food system) have, for too long, been allowed to wreak havoc on our environment, and we are now in a state where the damage might just be irreparable. There is slight hope, however, and taking the small steps at Puro Plants like growing our own food and composting to divert food from landfills certainly makes a difference and makes organizations like Puro Plants even more vital.

Something I believe to be true is that the City of Montebello can only gain from having Puro Plants within its community. Not only do Montebello residents take part in the activities and resources which Puro Plants offers, but individuals from outside of Montebello visit, also, as it is one of the only places #7
2 within our surrounding cities which is a center for composting and healthy living. In this way, if Puro Plants continues its mission with the support of the city, the City of Montebello has an opportunity to be a role model. It is not unknown that cities with marginalized communities more often than not do not have access to the same valuable resources, like healthy food or centers for nutrition and well- being (exercise classes, etc.), as do wealthier cities; but this is where the City of Montebello can help to create change. This is exactly what Puro Plants is doing for its community. The city of Bell has a sustainable farm called Grow Good, and South Los Angeles has Asante, a microfarm. This is just to name a few urban farms which are actively working toward change so that under-served communities not only have access to healthy foods but can become an important part of their community overall.

This brings purpose and happiness to everyone involved. Puro Plants is and can continue to provide these same benefits to and be a major agent of change for Montebello, making, once again, the city a role model.

Puro Plants is an asset to our community. I ask that the City of Montebello and SCE take immediate action to support this much needed organization in our community, whether it be the expedition of permits, exemption of fees, or other supportive action.

Thank you for your time.

Sincerely,

Kendra Villa.

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***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** 1 Guillen, Kimberly (Admin)
From: Brian Espinoza <[email protected]>
Sent: Wednesday, September 8, 2021 1:54 PM
To: comment, ccpublic
Subject: Save Puro Plants
Hello City Council Members,
I write to you today in the hopes that the city will intervene in the situation going on at 3208 W.

Beverly Blvd, the site of Puro Plants. Puro Plants is a community compost and farm that has the potential to make a huge impact on the health and sustainability on the city of Montebello as well as the greater Eastern Los Angeles area.

When food breaks down without oxygen, it produces greenhouse gases (primarily methane), which can escape the landfill and accumulate in the atmosphere, contributing to global warming. In fact, MSW landfills are the third-largest emitter of human-related methane gas in the United States. Aside from diverting waste from landfills, compost and mulch applied to many types of land may be the single greatest weapon in the fight to reduce the effects of climate change. The compost that Puro Plants creates can be used to sequester carbon in soil, improving air quality in Montebello.

The community farm is a crucial solution to the climate crisis and food accessibility problems.

Community gardens can help filter out local air pollution, cool down cities in the summertime, and retain precipitation — avoiding st orm-water runoff into nearby waterways. When designed well, urban gardens can also provide valuable habitats for wild bees and other pollinators. Puro Plants can be used to grow food which creates a localized food system, reducing the resources (primarily fossil fuels) used to package and transport food from farms to the homes of consumers. Accessible organic produce would improve the health outcomes of low income residents as fresh produce can be more expensive than cheap processed food that is bad for humans and the environment.

Lastly, Puro Plants was stopped from providing benefits to the community such as yoga/workout classes, markets with local vendors, and family friendly community events. A number of studies show that the presence of urban farms is associated with improved neighborhood aesthetics, reduced crime, and community cohesion. Puro Plants holds one of the major keys to creating a better future for the city.

Montebello deserves the right to clean air and healthy food. Please do good for your constituents by rezoning Puro Plants' land appropriately and working with SoCal Edison to bring them into compliance.

Best,
Brian Espinoza
(323) 246-3297
#8
1 Guillen, Kimberly (Admin)
From: Emily Hu <[email protected]>
Sent: Wednesday, September 8, 2021 2:07 PM
To: comment, ccpublic
Cc: [email protected]
Subject: Puro Plants and composting
To whom it may concern,
I'm writing because I'm concerned about the recent reported treatment of Puro Plants, an organization in the community that is dedicated to composting and organic farming. I don't understand why they're not being allowed to continue to operate or why their license was recently terminated. Composting options are extremely rare in east Los Angeles, especially for household food waste. Waste Management doesn't provide these services and mobile composting delivery services like Compostable LA don't serve our area.

I'd been researching for months and had just discovered Puro Plants when I received news of their being shut down. As a long-time LA resident I want to express my severe disappointment with this turn of events. LA claims to be forward-thinking with regard to green initiatives and fighting climate change. Puro Plants is dedicated to doing so, and also seems passionate about establishing community and cooperation in the process.

Why is the city of Montebello so unwilling to work with them? Community urban farms are common throughout Los Angeles. I used to work just down the street from one in Santa Monica. Why is Puro Plants getting so much grief?
Please explain.

Sincerely,
Emily Hu
Constituent in Hacienda Heights, CA
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***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** #9
1 Guillen, Kimberly (Admin)
From: Jacqueline Ramirez <[email protected]> Sent: Wednesday, September 8, 2021 2:12 PM
To: comment, ccpublic
Cc: [email protected]
Subject: Please Keep Puro Plants Around
Dear Montebello City Council & City Manager Bobadilla,
I am 32 years old & have lived in the San Gabriel Valley all my life & is still where I am raising my family. In my time living throughout these cities- from Whittier, Covina, East LA, Monterey Park I have never seen something like Puro Plants and what they have been able to accomplish in a rather short time.

They should not be the only ones to do the work they are doing & by shutting them down it sends a clear message to anyone else trying to help their community here in our neighborhood- it says don't bother because the value of your work & the value to what is mostly a low income & low middle class neighborhood can be squashed.

I believe this is where local legislation & creative thinking & common sense need to come into play here City of Montebello. It is unfair to your constituents who have gotten behind Puro Plants in such a huge way as to participate in & defend this place. However it is also a let down to those same people by their own local government at a time when our country is so divided & depleted.

Sincerely,
Jacqueline Ramirez
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***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** #10
1 Guillen, Kimberly (Admin)
From: Vennesa Eubank <[email protected]>
Sent: Wednesday, September 8, 2021 2:50 PM
To: comment, ccpublic
Cc: Puro Plants
Subject: Puro Plants
To whom it may concern:

I’d like to comment on the revocation of Puro Plants’ license. Puro plants is such an amazing asset to the community. Not only does it promote health, wellness, education, and mindfulness, but it also builds a community of people who will put thought and love into their environment, that is Montebello.

Also, I’m addition to how meaningful Puro Plants will be to the people of the community, it is also an excellent way to bring money into the area. Property values will go up, which means more tax money will come in, which means cleaner streets, better schools, and safer communities for everyone. I ask that you please give the people of Montebello a chance, give Puro Plants a chance. Thank you for your time and have a wonderful evening.

Best Regards,
Vennesa Eubank, M.Ed, Ed.S, BCBA, PPSP
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#11
1 Guillen, Kimberly (Admin)
From: Yahoo Warning <[email protected]>
Sent: Wednesday, September 8, 2021 2:53 PM
To: comment, ccpublic
Subject: puroplants.com
Dear Sirs, I am a lifelong resident of Montebello, and have never seen a private citizen try to provide a safe healthy public space..Go to Saturday compost collection one you will see beautiful crossection of your constituency, young, old, Latin, white and Asian faces coming together as a community. To deny the community this pace would be an abdication of your role as forward thinking community leaders, but then again, Montebello has never been known their forward thinking city council. Just to be clear, Matthew is my son and I am very proud of him. He has been forward thinking visionary and has changed our behavior as a family. Solar panels, electric vehicles, home water filter to cut down on plastic waste, in other words, trying to not add to climate change. Thank you for listening, Benjamin Ramos
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#12
1 Guillen, Kimberly (Admin)
From: Odalys Zamora <[email protected]>
Sent: Wednesday, September 8, 2021 2:58 PM
To: comment, ccpublic
Subject: Public Comment - Puro Plants
Hello City Council Members,
I write to you today in the hopes that the city will intervene in the situation going on at 3208 W. Beverly Blvd, the site of Puro Plants. Puro Plants is a community compost and farm that has the potential to make a huge impact on the health and sustainability on the city of Montebello as well as the greater Eastern Los Angeles area.

Composting is an essential climate solution because the largest component of landfilled municipal solid waste (MSW) is food scraps, accounting for approximately 22% of municipal discards in the landfill. Organic matter in the landfill decomposes anaerobically, meaning without access to oxygen. When food breaks down without oxygen, it produces greenhouse gases (primarily methane), which can escape the landfill and accumulate in the atmosphere, contributing to global warming. In fact, MSW landfills are the third-largest emitter of human- related methane gas in the United States. Aside from diverting waste from landfills, compost and mulch applied to many types of land may be the single greatest weapon in the fight to reduce the effects of climate change.

The compost that Puro Plants creates can be used to sequester carbon in soil, improving air quality in Montebello.

The community farm is a crucial solution to the climate crisis and food accessibility problems. Community gardens can help filter out local air pollution, cool down cities in the summertime, and retain precipitation — avoiding storm-water runoff into nearby waterways. When designed well, urban gardens can also provide valuable habitats for wild bees and other pollinators. Puro Plants can be used to grow food which creates a localized food system, reducing the resources (primarily fossil fuels) used to package and transport food from farms to the homes of consumers. Accessible organic produce would improve the health outcomes of low income residents as fresh produce can be more expensive than cheap processed food that is bad for humans and the environment.

Puro Plants holds one of the major keys to creating a better future for the city.

Best,
--
Odalys Zamora
(She/Her/Ella)
"Do work that m
atters. Vale la pena"
- Gloria Anzaldua
#13
1 Guillen, Kimberly (Admin)
From: Mariajose Santana <[email protected]> Sent: Wednesday, September 8, 2021 3:17 PM
To: comment, ccpublic
Cc: [email protected]
Subject: Puro Plants
As a citizen of Montebello, California I find it odd and unfair that Edison is terminating Puro Plants Farm. Not only are they growing healthy organic food for the community, but helping to fight climate injustice. With Puro Plants, the community was taking 20 steps forward. Now we're taking 20 steps back. Don't you think as the city of Montebello we should help change the state of our environment? I'm currently the president of Save Our Planet Club at Montebello High School. Members from our club volunteer at Puro Plants every single Saturday from 9am-12pm. Three hours a week residents of Montebello get to compost and contribute to organic soil. I thought we as the youth were the future, but you're taking that away from us. We'll be the ones living in this world. I say this full confidence...You'll die of old age, we'll die of climate change.

Sincerely,
Mariajose Santana
High school senior
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** #14
1 Guillen, Kimberly (Admin)
From: Annalis Flores <[email protected]>
Sent: Wednesday, September 8, 2021 3:26 PM
To: comment, ccpublic
Subject: Keep Puro Plants Open
Hello council members,
My name is Anna Rodriguez, I am a resident of Montebello and I just wanted to express the concern happening with Puro Plants. I believe that what Puro Plants is doing is helpful for the community and I would like to see it grow and become bigger as time goes on. Obviously, with your help only that is possible. Please consider the work that is being done and how this will be helpful for this community now and in the future. I hope you take into consideration the comments supporting Puro Plants and the residents and individuals who benefit from this.

Even though I just started living in this city I would hope that it is ensuring beneficial programs and spaces that will help us and our community grow.

Thank you,
Anna Rodriguez
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** #15
General Comments - Puro Plants
# Name Phone Number or Email
1 Marisela Salinas (310) 403-6353
2 Mitchell Ida (626) 824-4904
3 Vickie Jauregui [email protected]
The following individuals stated the following comment
and provided their contact information:
"Would like to request Puro Plants be added to the next City Council Meeting Agenda on October 13, 2021."

CITY OF MONTEBELLO CITY COUNCIL

REGULAR MEETING AGENDA

M I N U T E S

WEDNESDAY, OCTOBER 13, 2021 AT 5:30 P.M.

CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD

MONTEBELLO, CALIFORNIA

OPENING CEREMONIES

CALL TO ORDER – Mayor Cobos-Cawthorne called the meeting to order at 5:34 p.m.

PUBLIC COMMENTS FOR CLOSED SESSION ITEMS
None.

CLOSED SESSION – 5:30 P.M.

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

1. THREAT TO PUBLIC SERVICES OR FACILITIES
Government Code Section 54957
Consultation with City Manager, Police Chief, City Attorney and other related City officials.

2. CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6

October 13, 2021: City Council Meeting Minutes Page 2 of 13

Agency Negotiators: René Bobadilla, Nicholas Razo
Employee Groups: Various City employee groups including but not limited to MPMA, MFMA, MMMA, MSA, MPOA, MCEA, MFA and unrepresented employees.

3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(D)(1)
NASA Services, Inc. v City of Montebello; Case No. 21STCP01969

4. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(d)(2)
Threat of litigation – Two matters (City Attorney Arnold Alvarez-Glasman mentioned there was a typographical error changed to two matters instead of one matter)

5. AUDIT BY CALIFORNIA STATE AUDITOR’S OFFICE
Government Code Section 54956.75

Mayor Cobos -Cawthorne reconvened the meeting at 6:50 p.m. During Closed Session the City Council received a briefing from the City Attorney on Item No’s. 1, 2, 3, and 4; no final action was taken and there was nothing to report. It was noted that Item 5 w ould be discussed after Council Orals.

REGULAR SESSION – 6:30 P.M.

INVOCATION – Sarkis Sandukhtyan, Montebello Reporter

FLAG SALUTE – Gil Espino, Montebello Reporter

CORRECTIONS TO THE AGENDA – CITY MANAGER – Section “AB 1234 Travel R eports” was added to the Agenda and Closed Session Item No. 4 was corrected to list “two matters” by City Attorney Arnold Alvarez-Glasman.

PRESENTATIONS

6. RECOGNITION OF CITIZEN OF THE MONTH – NATHAN MCCUSKER, ANGRY HORSE BREWING – Presented by Mayor Cobos-Cawthorne

7. RECOGNITION OF POETRY WINNERS : ALEAH VARELA, GARFIELD ELEMENTARY; ADDISON BOYER, LA MERCED INTERMEDIATE; CIELO HERNANDEZ , SCHURR HIGH SCHOOL – Presented by Mayor Cobos-Cawthorne

8. RECOGNITION OF MONTEBELLO REPORTER – GIL ESPINO & SARKIS SANDUKHTYAN – Presented by Mayor Cobos-Cawthorne

9. RECOGNITION OF BREAST CANCER AWARENESS MONTH – Presented by Mayor Cobos - Cawthorne

October 13, 2021: City Council Meeting Minutes Page 3 of 13

10. RECOGNITION OF BULLYING PREVENTION MONTH – Presented by Mayor Cobos-Cawthorne

11. RECOGNITION OF DOMESTIC VIOLENCE AWARENESS MONTH – Presented by Mayor Cobos- Cawthorne

12. RECOGNITION OF DOWN SYNDROME AWARENESS MONTH – Presented by Mayor Cobos - Cawthorne

13. RECOGNITION OF SILVER AWARD – Presented by Mayor Cobos-Cawthorne

PUBLIC COMMENTS ON NON-AGENDA ITEMS (30 MINUTES)
The City Clerk’s Office called two (2) members of the public wishing to address the City Council.

Speakers were provided three minutes to address the City Council and said speaker cards are on file at the City Clerk’s office.

The City Clerk Office’s acknowledged eighteen (18) written public comments submitted to the City’s public comment email address. Said comments are on file at the City Clerk’s office.

STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST

PUBLIC HEARING

14. PUBLIC HEARING CALIFORNIA VOTING RIGHTS ACT (“CVRA”) PUBLIC HEARING 1

The City Clerk’s office called one (1) member of the public wishing to address the City Council.

The speaker was provided three minutes to address the City Council and said speaker card is on file at the City Clerk’s office.

The City Clerk’s office acknowledged two (2) public comments submitted to the City’s public comment email address. Said comments are on file at the City Clerk’s office.

City Attorney Arnold Alvarez-Glasman presented this item to the City Council.

Mayor Pro Tem Torres asked for the status on the District Oversight Committee. City Attorney Alvarez-Glasman stated that the City Council did not provide consensus to create the committee. He also asked Deputy Director Michael Chee for c larification regarding the public outreach. Deputy Director stated that notices were mailed twice through the City newsletter that went out to the 24,000 City addresses and has advertised on social media outlets. Mayor Pro Tem Torres e xpressed his concerns regarding the lack of outreach and requested that the next meetings be held at various dates and times to make it accessible to all members of the public and that notices be mailed out.

Councilmember Peralta stated that she would like outreach to increase and that at least one Public Hearing be held on a Saturday.

Councilmember Jimenez had no comments.

October 13, 2021: City Council Meeting Minutes Page 4 of 13

Councilmember Melendez stated that City Council hasn’t provided staff clear direction on how fast to move forward on this matter and supports increasing public outreach. Mayor Cobos-Cawthorne expressed her concern regarding the claim of lack of Asian representation within the City of Montebello when she is of Japanese descent. She also stated that the demographer hired by the City has not returned the Cit y’s calls and would like to continue the outreach once we have contact with the demographer, or can hire a new one. City Attorney Alvarez-Glasman stated that if we did not hear back from the demographer then the City would move forward and hire a new one and asked for Council direction on when to hold the next Public Hearing. The City Council decided to hold the next Public Hearing on Saturday, November 13, 2021 at 10:00 a.m.

Councilmember Melendez motioned, seconded by Councilmember Peralta to schedule the November 13, 2021 Public Hearing and:

1) Continue the process of the City of Montebello’s (“City”) transition from an at-large to a by-district election system and receive input from residents of the City regarding the potential composition of districts within the City; and 2) Take such additional, related, action that may be desirable.

MOVED: Melendez SECONDED: Peralta APPROVED: 4-0-0-1

AYES: Cobos-Cawthorne, Torres, Peralta, Melendez
NOES: None
ABSTAIN: None
ABSENT: Jimenez

OLD BUSINESS

15. INTRODUCTION AND WAIVING OF FIRST READING OF ORDINANCE NO. 2443 AMENDING

AND RESTATING THE RULES OF ORDER AND PROCEDURE FOR THE CONDUCT OF ALL CITY

COUNCIL AND SUCCESSOR AGENCY MEETINGS, PROCEEDINGS, AND BUSINESS

City Manager, René Bobadilla, presented the Staff Report to City Council.

Mayor Pro Tem Torres asked that this item be tabled to the Regular Meeting November 10, 2021 to allow more time to submit City Council feedback and requested that a Special Study Session be scheduled or Ad Hoc Committee be created to discuss this matter.

Councilmember Peralta stated that she had some suggestions but can save them for a later time. Councilmember Melendez was in support of this item and stated that this item would provide structure to the agency, clear direction, and proper order.

Mayor Cobos-Cawthorne went over the numerous reminders sent to City Council to receive feedback. City Manager Bobadilla stated that the City Clerk’s office made an effort since July 28, 2021 to receive feedback from the City Council and no additional feedback was submitted other than from the Mayor.

October 13, 2021: City Council Meeting Minutes Page 5 of 13

Councilmember Peralta commented that the time start of the meetings be re-considered or continue the start at 5:30 pm. Secondly, she suggested revising the Ordinance to summarize or reading written public comments aloud. City Manager Bobadilla suggested starting Closed Session at 5:00 p.m. and schedule Regular Session start time no later than 6:00 p.m.

City Manager Bobadilla also provided the City Council with an overview of the new Assembly Bill 361 that would allow the public to participate live and how the City would accommodate the public to comply with that bill.

Councilmember Melendez made a motion to ap prove the item with Staff’s recommendations as listed below, including adding two additional recommendations to read the written public comments and starting Closed Session at 5:00 p.m. with Regular Session no later than 6:00 p.m. The motion was seconded b y Mayor Cobos-Cawthorne; motion passed 4-1.

1) Rescind Resolution Nos. 89-70, 06-22, 11-89, and 19-124 2) Introduce and waive First Reading of Ordinance No. 2443 amending and Restating the Rules of Order and Procedure for the Conduct of all City Council and Su ccessor Agency Meetings, Proceedings, and Business
3) Take such additional, related, action that may be desirable.

Motion to approve Staff’s recommended, including adding reading the written public comments and starting Closed Session at 5:00 p.m. with Regular Session no later than 6:00 p.m.

MOVED: Melendez SECONDED: Cobos-Cawthorne APPROVED: 4-1-0-0

AYES: Peralta, Melendez, Cobos-Cawthorne, Jimenez
NOES: Torres
ABSTAIN: None
ABSENT: None

During the discussion of Item No. 17, Councilmember Melendez motioned to reconsidered Item No. 15, seconded by Councilmember Peralta; motion passed 4-0.

Motion to reconsider Item No. 15

MOVED: Melendez SECONDED: Peralta APPROVED: 4-0-0-1

AYES: Torres, Peralta, Melendez, Cobos-Cawthorne
NOES: None
ABSTAIN: None
ABSENT: Jimenez

City Attorney Alvarez-Glasman suggested that the City Council make a motion to introduce Ordinance No. 2444 and waive further reading, including revising the language pertaining to October 13, 2021: City Council Meeting Minutes Page 6 of 13

written public comments in Ordinance No. 2444 to be consistent with Resolution No. 21-85 as just approved.

Councilmember Melendez motion, seconded by Councilmember Peralta; motion passed 3 -

1. Motion to introduce Ordinance No. 2444 and waive further reading, including reconsider to revise the language, pertaining to written public comments, in Ordinance No. 2444 to be consistent with Resolution No. 21-85

MOVED: Melendez SECONDED: Peralta APPROVED: 3-1-0-1

AYES: Peralta, Melendez, Cobos-Cawthorne
NOES: Torres
ABSTAIN: None
ABSENT: Jimenez

REGULAR BUSINESS

16. RIO HONDO CHANNEL VOLUNTEER CLEANUP EV ENT ASSUMPTION OF LI ABILITY RISK

ASSESSMENT

Director of Human Resources, Nicholas Razo, presented the Staff Report to City Council.

It was moved by Councilmember Melendez, seconded by Mayor Pro Tem Torres that the City Council:

1) Receive and file the Risk Assessment Letter (Attachment “A”) regarding Rio Hondo Channel Project assumption of liability assessment from the City’s Third Party Administrator for Property and Liability (“Third Party”); and 2) Take such additional, related, action that may be desirable.

Motion carried unanimously.

CONSENT CALENDAR
Mayor Pro Tem Torres pulled Item No’s. 17, 22, and 30. Councilmember Melendez motioned to approved Item No’s. 18-21, 23-29, and 31-22, seconded by Councilmember Jimenez.

MOVED: Melendez SECONDED: APPROVED: 4-0-0-1

AYES: Cobos-Cawthorne, Torres, Peralta, Melendez
NOES: None
ABSTAIN: None
ABSENT: Jimenez

October 13, 2021: City Council Meeting Minutes Page 7 of 13

17. ADOPT RESOLUTION NO. 21-85 AUTHORIZING THE CITY TO IMPLEMENT TELECONFERENCED OPEN MEETINGS PURSUANT TO ASSEMBLY BILL 361

Mayor Pro Tem Torres pulled this item to clarify the purpose of this item. City Manager Bobadilla explained the required mandates per Assembly Bill 361 and explained Staff’s recommendations.

City Attorney Alvarez-Glasman explained the language stated in the proposed Resolution.

Mayor Pro Tem Torres motioned, seconded by Councilmember Peralta that the City Council approve Staff’s recommendations as listed below, including striking out the language that states written comments “will not be read aloud ”. City Attorney clarified the conflicting language in Mr. Torres’ motion as it pertain to Ordinance No. 2443 that was just introduced, Item No. 15., and that the proposed Ordinance No. 2443 would supersede any Resolution.

1) Approve and Adopt the following Resolution to the Montebello Municipal Code Authorizing the City to Implement Teleconferenced Meetings in Accordance to Assembly Bill 361; and
2) Direct staff to take appropriate action to implement the requirements to be in effect at the October 27, 2021 Council Meeting; and
3) Take such additional, related, action that may be desirable.

Councilmember Peralta suggested that the name, subject, and summary of the written comments should be read aloud.

Mayor Pro Tem Torres amended his motion to state that “written comments may not be read aloud but will be entered into the record”; Councilmember Peralta seconded the motion.

Motion to approve Item No. 17, with the amended language on written comments.

MOVED: Torres SECONDED: Peralta APPROVED: 4-0-0-1

AYES: Cobos-Cawthorne, Torres, Peralta, Melendez
NOES: None
ABSTAIN: None
ABSENT: Jimenez

City Attorney Alvarez-Glasman suggested that Item No. 15 be reconsidered so the written comments section is consistent with Ordinance No. 2444. City Council went back to reconsider the item.

18. AUTHORIZATION TO SEC URE AND ACCEPT SPONS ORSHIP AND DONATIONS TO HOST

HOLIDAY EVENTS FOR CITY EMPLOYEES

RECOMMENDATION: It is recommended that the City Council:

October 13, 2021: City Council Meeting Minutes Page 8 of 13

1) Authorize staff to secure and accept sponsorships and donations to schedule and host a City Employee Halloween and a City Employee Holiday event; and 2) Take such additional, related, action that may be desirable.

19. ADOPT RESOLUTION NO. 21 -81 SUMMARILY VACATIN G A PUBLIC SERVICE E ASEMENT ALONG THE PROPERTIES AT 820 AND 816 E. AV ENIDA DE LA MERCED, AND 908 AND 912

SAN ANGELO AVENUE WITHIN THE CITY OF MONTEBELLO

RECOMMENDATION: It is recommended that the City Council:

1) Approve a proposed Resolution summarily vacating a public service easement along the properties at 820 and 816 E. Avenida De La Merced, and 908 and 912 San Angelo Avenue within the City of Montebello; and
2) Take such additional, related, action that may be desirable.

20. AUTHORIZE THE CITY MANAGER TO EXECUTE MASTER RETAINER AGREEMENT NO‘S. 3919- 3922 FOR ON -CALL CONSTRUCTION MA NAGEMENT AND INSPECT ION SERVICES IN RESPONSE TO RFP NO. 21-32

RECOMMENDATION: It is recommended that the City Council:

1) Authorize the City Manager to execute Master Retainer Agreements for On -Call Construction Management and Inspection Services with the following Consultants: 1) AIM Consulting Services; 2) Onward Engineering; 3) Transtech Engineers, Inc. ; and 3) PSOMAS; and
2) Take such additional, related, action that may be desirable.

21. ARROYO DRIVE IMPROVEMENTS PROJECT FROM ASTRA DRIVE TO ROSE GLEN AVENUE (CP 858), FEDERALLY FUNDED PROJECT STP-L 5247(025) – NOTICE OF COMPLETION

RECOMMENDATION: It is recommended that the City Council:

1) Accept the Arroyo Drive Improvements Project from Astra Drive to Rose Glen Avenue (CP 858), Federally Funded Project STP-L 5247(025) as completed by Sequel Contractors, Inc.; and
2) Approve the Total Project Budget and Expenditures including change orders (Attachment B); and
3) Approve the final contract amount with Onward Engineering for construction management services in the amount of $90,856; and
4) Authorize the City Clerk to execute, verify and file the Notice of Completion with the Los Angeles County Registrar-Recorder; and
5) Authorize the City Manager to release the retention payment due to Sequel Contractors, Inc. following the mandatory waiting period from the date the Notice of Completion is recorded; and
6) Take such additional, related, action that may be desirable.

October 13, 2021: City Council Meeting Minutes Page 9 of 13

22. CITYWIDE CATCH BASIN CONNECTOR PIPE SCREEN (CPS) INSERTS INSTALLATION PROJECT (CP NO. 877) – AWARD CONSTRUCTION CONTRACT

Mayor Pro Tem Torres pulled this item for clarifying questions.

Mayor Pro Tem Torres motioned, seconded by Councilmember Melendez that the City Council:

1) Award a Construction Contract for the Citywide Catch Basin Connector Pipe Screen (CPS) Inserts Installation Project (CP No. 877) – in the amount of $134,257 to Unite d Storm Water, Inc.; and
2) Authorize the City Manager to execute the Contract Agreement (Attachment A), on behalf of the City; and
3) Approve the Total Project Budget (Attachment B); and 4) Authorize the Director of Public Works to review and approve change orders within a 25% contingency of the total contract amount; and
5) Take such additional, related, action that may be desirable.

MOVED: Torres SECONDED: Melendez APPROVED: 4-0-0-1

AYES: Cobos-Cawthorne, Torres, Peralta, Melendez
NOES:

ABSTAIN:

ABSENT: Jimenez

23. AUTHORIZATION TO ISS UE A REQUEST FOR PRO POSALS (RFP NO. 21 -35) FOR

ARCHITECTURAL DESIGN SERVICES FOR THE MONTEBELLO CITY HALL WEST RENOVATION PROJECT (CP NO. 886)

RECOMMENDATION: It is recommended that the City Council:

1) Authorize City Staff to i ssue a Request for Proposals (RFP No. 21 -35) for architectural design services for the Montebello City Hall West Renovation Project; and 2) Take such additional, related, actions that may be desirable.

24. ADOPT RESOLUTION NO. 21-82 APPROVING APPLICA TIONS FOR THE LOS ANGELES

COUNTY REGIONAL PARK AND OPEN SPACE DISTR ICT MEASURE A COMPET ITIVE GRANT

PROGRAMS

RECOMMENDATION: It is recommended that the City Council:

1) Approve a Resolution approving the applications for Los Angeles County Regional Park and Open Space District Measure A Competitive Grant Programs.

October 13, 2021: City Council Meeting Minutes Page 10 of 13

25. ADOPT RESOLUTION NO. 21-83 APPROVING THE APP LICATION FOR THE STA TE OF

CALIFORNIA DEPARTMEN T OF PARKS AND RECRE ATION OUTDOOR EQUITY GRANTS

PROGRAM

RECOMMENDATION: It is recommended that the City Council:

1) Approve a Resolution authorizing the application for the State of California Department of Parks and Recreation Outdoor Equity Grants Program.

26. APPROVE FACILITY LICENSE AGR EEMENT NO. 3924 FOR CITY FACILITIES WITH

MONTEBELLO UNIFIED SCHOOL DISTRICT

RECOMMENDATION: It is recommended that the City Council:

1) Approve a Facility License Agreement with Montebello Unified School District (“MUSD”) for a one-year term for use of Fremont Elementary Childcare Bungalow and Greenwood Elementary Childcare Bungalow; and
2) Authorize the City Manager to execute the Agreement on behalf of the City; and 3) Take such additional, related, action that may be desirable.

27. APPROVAL OF CALIFORN IA OFFICE OF TRAFFIC SAFETY (OTS), SELECT IVE TRAFFIC

ENFORCEMENT PROGRAM (STEP) GRANT FUNDS UTILIZATION

RECOMMENDATION: It is recommended that the City Council:

1) Approve the use of grant funding awarded to the Police Department by the California Office of Traffic and Safety (OTS) through the Selective Traffic Enforcement Program (STEP), Grant number PT22036, in the amount of $115,000; and 2) Amend the Fiscal Year 2021-22 budget and increase appropriations by $115,000 in grant Account No. 265 -8013-800-5010.10, 6010.40 and 6020, - , OTS-STEP Grant, PT22036 FY 2021-22 (Overtime, Computer Software and Travel and Meetings); and Account No. 265- 99-4198.97 (Miscellaneous Grants – OTS Grants); and
3) Take such additional, related, action that may be desirable.

28. APPROVAL OF CALIFORN IA OFFICE OF TRAFFIC SAFETY (OTS), TRAFFI C RECORDS

IMPROVEMENT PROJECT (TRIP) GRANT FUNDS UTILIZATION

RECOMMENDATION: It is recommended that the City Council:

1) Approve the use of grant funding awarded to the Police Department by the California Office of Traffic and Safety (OTS) through the Traffic Records Improvement Project (TRIP), Grant number TR22003, in the amount of $45,000; and
2) Authorize amending the Fiscal Year 2021 -22 budget and increase appropriations by $45,000 in Grant Fund Account No. 265 -8014-800-6010.40, OTS-TRIP, OTS TR22003 FY October 13, 2021: City Council Meeting Minutes Page 11 of 13

2021-22, Computer Software; and Account No. 265-99-4198.97 (Miscellaneous Grants – OTS Grants); and
3) Take such additional, related, action that may be desirable.

29. ADOPT THE TRANSPORTA TION DEPARTMENT CAPI TAL IMPROVEMENT PROG RAM BUDGET FOR FISCAL YEAR 2021-22

RECOMMENDATION: It is recommended that the City Council:

1) Adopt the Transportation Department (Transportation) Capital Improvement Program (CIP) budget for Fiscal Year 2021-22, for a total amount of $29,181,524; and 2) Authorize Staff to amend the adopted Fiscal Year 2021 -22 budget by increasing appropriations in the various accounts as detailed on Attachment A, “Transportation Capital Improvement Program;” and,
3) Take such additional, related, action that may be desirable.

Montebello City CouncilFebruary 23, 2022

Montebello City Council
February 23, 2022