CITY OF MONTEBELLO
CALL AND NOTICE OF A SPECIAL CITY COUNCIL MEETING AGENDA
WEDNESDAY, AUGUST 24, 2022 AT 5:00 P.M.
CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD
MONTEBELLO, CALIFORNIA 90640
OPENING CEREMONIES
CALL TO ORDER – Mayor Cobos-Cawthorne called the meeting to order at 5:02 p.m.
ROLL CALL – Members present were Mayor Cobos -Cawthorne, Mayor Pro Tem Jimenez, Councilmember Peralta (arrived at 5:11 p.m.), Councilmember Melendez, and Councilmember Torres. City Clerk Jimenez and City Treasurer Gutierrez were also present.
STAFF PRESENT – City Attorney Arnold Alvarez -Glasman, City Manager René Bobadilla, Assistant City Manager Arlene Salazar, Senior Deputy City Clerk Alicia Fernandez, Deputy City Clerk Kimberly Guillen, and Records Coordinator Angelina Padilla.
PUBLIC COMMENTS FOR CLOSED SESSION ITEMS
The City Clerk ’s Office called three (3 ) members of the public wishing to address the City Council. Speakers were provided three minutes to address the City Council and said s peaker cards are on file at the City Clerk’s office.
CLOSED SESSION – 5:00 P.M.
Mayor Cobos-Cawthorne recessed the meeting into Closed Session at 5:26 p.m. to consider the following item:
1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 52956.9(d)(2)
Significant exposure to litigation in two matters
REGULAR SESSION – IMMEDIATELY FOLLOWING CLOSED SESSION
CLOSED SESSION REPORT
Mayor Cobos-Cawthorne reconvened the meeting at 6:13 p.m. During Closed Session the City Council received a briefing on Item No. 1, no action taken; nothing to report.
CORRECTIONS TO THE AGENDA – CITY MANAGER – None
August 24, 2022 – Call and Notice of a Special City Council Meeting Page 2 of 2
REGULAR BUSINESS
2. ADOPT RESOLUTION NO. 22-73 EXPRESSING DISSAT ISFACTION WITH THE B EHAVIOR
OF COUNCIL MEMBER DA VID TORRES AND ADMON ISHING HIM FOR HIS HAR ASSING
AND HOSTILE CONDUCT
Mayor Pro Tem Jimenez motioned, Councilmember Melendez seconded that the City Council:
RECOMMENDATION: It is recommended that the City Council:
1) Approve and Adopt Resolution No. 22 -73 Expressing Its Dissatisfaction With The Behavior Of Councilmember David Torres And Admonishing Him For His Conduct Based Upon The Investigation And Findings Conducted By Special Counsel As Set Forth In The May 3, 2022, Report Presented To The City Council And As The Result Of Further Actions By Councilmember Torres Subsequent To The Presentation Of The Investigative Findings; and
2) Take such additional, related, action that may be desirable.
Councilmember Melendez spoke in favor of the Resolution.
Councilmember Peralta spoke in opposition of the Resolution.
Mayor Pro Tem Jimenez spoke in favor of the Resolution.
Councilmember Torres spoke in opposition of the Resolution.
Mayor Cobos-Cawthorne spoke in favor of the Resolution.
MOVED: Jimenez SECONDED: Melendez APPROVED: 3-2-0-0
AYES: Melendez, Jimenez, Cobos-Cawthorne
NOES: Peralta, Torres
ABSTAIN: None
ABSENT: None
ADJOURNMENT
Councilmember Melendez motioned to adjourn the meeting , seconded by Mayor Pro Tem Jimenez. Motion carried unanimously and the meeting was adjourned at 7:37 p.m.
THE MINUTES OF AUGUST 24, 2022 ARE HEREBY APPROVED AND ADOPTED ON THIS 16TH DAY OF NOVEMBER 2022.
_____________________________________________
Alicia Fernandez, Senior Deputy City Clerk
SPEAKER CARDS
AGENDA COMMENTS
1 Padilla, Angelina
From: Jack Cortez <[email protected]>
Sent: Wednesday, August 24, 2022 10:50 AM
To: comment, ccpublic
Subject: [External Email] Public Comment for Aug 24th Council Meeting We write as concerned citizens regarding the conduct by Councilmember Torres. Councilmember Torres has, in an independent investigation, been found guilty of such acts as harassment towards members of City Staff, amongst other negative actions. This behavior should be resolutely condemned, and such behavior by others in other Cities, Counties, and States has been universally condemned, regardless of political affiliation or party. Councilmember Torres has a handful of ardent supporters who refuse to believe the findings of the independent investigation. The simple question we ask then is: If you are so adamant the independent study was wrong, then why not be requesting a second independent investigation? There is no talk of this, only denial in the form of words - no actions. If a second independent investigation shows guilt, then Councilmember Torres should be forced to resign, like many unfortunate individuals in the past whose actions have harmed the office they hold. Should he be found innocent in a second, then a tiebreaker third should be conducted.
This commonsense approach may be outlandish or even confusing in a government setting, we are aware! But imagine for a moment you had an employee working for you who it was claimed had harassed another employee of yours - then they were found by independent investigation to be guilty. Would you as the business leader keep this employee because the employee’s mother and father claimed the whole thing was a sham? Put in a simpler context the answer is obvious.
The City has had far too many instances of despicable behavior over the years, not to mention the region. Negative things will happen, of course, but it is the response to such behavior that sets a tone for the future. Ignoring or claiming conspiracy in the year 2022 to proven legitimate acts of harassment by a male in power is completely wrong. Have we learned nothing? Powerful men should be accountable for their actions and be advocates for empowering women. Councilmember Torres and Council, have a second investigation independent again to confirm the findings of the first and act accordingly.
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***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** 1 Padilla, Angelina
From: Sylvia Takeyama <[email protected]>
Sent: Wednesday, August 24, 2022 2:05 PM
To: comment, ccpublic
Subject: [External Email] In support of David Torres
Mr. & Mrs. Takeyama
30 Year Residents of Montebello
I feel that once again the mayor has announced this decision at the last minute to sway voters in our District by not honoring the time that was previously announced. I also feel that we should not ignore other misconduct that involves our city mayor and the fire chief. We should be fair and transparent. During this time, we need to see that no one is above the law. That if this measure is justified for one person it should be followed for ALL Council Members.
Get Outlook for Android
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***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** 1 Padilla, Angelina
From: Martin Arcos <[email protected]>
Sent: Wednesday, August 24, 2022 2:25 PM
To: comment, ccpublic
Subject: [External Email] Disciple of Councilman Torres Hello Mayor, Councilmembers and Staff;
I am writing regarding item # 2 about action being taken against Councilman Torres, It's about damn time. He has been nothing short of an embarrassment to the elected seat he holds.
The horrific and disruptive manner he treats employees and management is disgusting. Torres has caused so many problems, and is nothing more than a smoke screen to cover up his hostile treatment of all including his colleagues.
I hope tonight you vote to throw the book at him and punish him for the deplorable way he treats others.
Too bad you Torres weren't on City Council when your Father was City Administrator, then you would have been justified to criticize and attack the lousy job he did. Proof where is the $353,000.00 missing funds?? He was City Admin. back then, is that how he bought your house and your other family members that live on your street Park Ave. ?
Show some transparency, find out where that HUD went, I dare you to investigate Richard Torres, do your job he was a crooked City Admin. Everyone knows that fact.
Taxpayer
Martin Arcos
FYI Rafael Gutierrez is going to win your District by a landslide just watch.
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***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** 1 Padilla, Angelina
From: Amanda Samaniego <[email protected]>
Sent: Wednesday, August 24, 2022 2:28 PM
To: comment, ccpublic
Subject: [External Email] Comment for 8/24/22 Council Mtg I am commenting on the ongoing, city-sponsored harassment of Councilmember Torres because it is heinous and highlights massive flaws in our city personnel. This should be a proud moment for Montebello with the first Afro-Latino councilmember ever elected but he has been targeted by racists.
Instead of the HR Department speaking to affected parties and investigating if needed, this alleged issue was thrust into the public eye with a loooong powerpoint presentation full of extraneous and unrelated information that provided no concrete evidence such as a text/email. Instead, the public was treated to several slides of hearsay from people that may or may not exist.
During this "investigation", Councilmember Torres was denied legal resources. The city deliberately used our taxes to slander and harass a sitting councilmember and provided no recourse instead of following procedure.
We can't help but conclude that this is due to racism, insecurity, or some ugly combination of these.
Shame on the bigots sitting on our council. Shame on the City Attorney for not forcing the bigots to adhere to proper procedure and allowing this to unfold despite sitting in the middle of the dais. Our city needs better. Stop using our taxes to perpetuate racism.
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***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** 1 Padilla, Angelina
From: Myung-Soo Seok <[email protected]>
Sent: Wednesday, August 24, 2022 2:49 PM
To: comment, ccpublic
Cc: Bob Smith
Subject: [External Email] Public Comment
My name is Myung-Soo Seok and I am writing this email of support for Councilmember David Torres on behalf of Painters and Allied Trades District Council 36. We would like to reiterate our support for him and would like to state that we hold Councilmember Torres in high regards and only have seen high level of integrity from him.
I am not able to attend tonight's meeting due to schedule conflict, but I hope our respect and high level of support for Councilmember Torres can be felt by all of the Councilmembers through my last public comment and this email.
Best,
Myung-Soo Seok, on behalf of Painters and Allied Trades District Council 36
Sent via the Samsung Galaxy S22 Ultra 5G, an AT&T 5G smartphone
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***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***