September 2021 through September 2022
Distribution of Investments By Type
Portfolio Management
CITY OF MONTEBELLO
AverageOctoberSeptember November
2021 2021 by Period
JanuaryDecember February
2021 2022
AprilMarch May
2022 2022
June August
2022 2022
September
2022Security Type
July
2022202220222021
Certificates of Deposit - Bank
0.6 0.60.6Certificates of Deposit - CU 0.5 0.50.6 0.5 0.3%
92.4 92.492.7Local Agency Investment Funds 94.3 94.393.0 95.3 94.894.3 95.7 95.395.7 95.8 94.3% Money Market Funds
Commercial Paper Disc. -At Cost
Federal Agency Issues Disc.-At Cost
Treasury Discounts -At Cost
Miscellaneous Discounts -At Cost
Savings Accounts
Checking Accounts
7.0 7.06.8Negotiable CDs 5.3 5.36.4 4.7 5.25.3 4.4 4.74.4 4.2 5.4% Portfolio GEN
CP
Run Date: 10/04/2022 - 11:39 PM (PRF_PM5) 7.3.11
Report Ver. 7.3.11
September 30, 2022
Interest Earnings Summary
Month EndingSeptember 30 Fiscal Year To Date
Portfolio Management
CITY OF MONTEBELLO
CD/Coupon/Discount Investments:
1,586.09Interest Collected
Plus Accrued Interest at End of Period
Less Accrued Interest at Beginning of Period
18,541.20
( 16,339.23)
4,707.11
18,541.20
( 10,254.48)
Less Accrued Interest at Purchase During Period ( 0.00) ( 0.00) Interest Earned during Period
Adjusted by Capital Gains or Losses
Earnings during Periods
3,788.06
0.00 12,993.83
0.00 3,788.06 12,993.83
Pass Through Securities:
0.00Interest Collected
Plus Accrued Interest at End of Period
Less Accrued Interest at Beginning of Period
0.00 ( 0.00)
0.00 0.00
( 0.00)
Less Accrued Interest at Purchase During Period ( 0.00) ( 0.00) Interest Earned during Period
Adjusted by Premiums and Discounts
Adjusted by Capital Gains or Losses
Earnings during Periods
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
Cash/Checking Accounts:
0.00Interest Collected
Plus Accrued Interest at End of Period
Less Accrued Interest at Beginning of Period
13,431.88
( -50,789.31)
110,936.65
13,431.88
( -85,229.51)
Interest Earned during Period 64,221.19 209,598.04
Total Interest Earned during Period
Total Capital Gains or Losses
Total Earnings during Period
68,009.25
0.00 222,591.87
0.00 68,009.25 222,591.87
Portfolio GEN
CP
Run Date: 10/04/2022 - 11:39 PM (PRF_PM6) 7.3.11
Report Ver. 7.3.11
SUCCESSOR AGENCIES MTB
Portfolio Management
September 30, 2022
Portfolio Summary
% of
Portfolio
Book
ValueInvestments
Market
Value
Par
Value
Days to
Maturity
Term
YTM
360 Equiv.
YTM
365 Equiv.
Local Agency Investment Funds 14,038,487.36 1100.00 0.334114,038,487.3614,038,487.36 0.339 14,038,487.36 100.00%
Investments
14,038,487.3614,038,487.36 1 1 0.334 0.339
Cash
(not included in yield calculations)
Passbook/Checking 456,747.12 1 0.0001456,747.12456,747.12 0.000 14,495,234.48Total Cash and Investments 14,495,234.4814,495,234.48 1 1 0.334 0.339 Current Year
September 30
3,911.55
Fiscal Year To Date
11,992.00
Average Daily Balance
Effective Rate of Return
14,901,886.98 17,901,196.57
0.27%0.32%
Total Earnings Month Ending
__________________________________________________ ____________________ .,
Portfolio SA
CP
Reporting period 09/01/2022-09/30/2022
Run Date: 10/04/2022 - 11:45 PM (PRF_PM1) 7.3.11
Report Ver. 7.3.11
YTM
365
Par Value Book Value
Maturity
Date
Stated
RateMarket Value
September 30, 2022
Portfolio Details - Investments
Average
BalanceIssuer
Portfolio Management
SUCCESSOR AGENCIES MTB
Days to
Maturity
S&PCUSIP Investment #
Purchase
Date
Local Agency Investment Funds
0.339STATE OF CALIFORNIA100 14,038,487.36 14,038,487.36 0.33907/01/2019 14,038,487.36SYS100 1 14,038,487.3614,038,487.3614,038,487.3614,038,487.36Subtotal and Average 0.339 1 14,901,886.98 14,038,487.36 0.339 114,038,487.36 14,038,487.36Total and Average Portfolio SA
CP
Run Date: 10/04/2022 - 11:45 PM (PRF_PM2) 7.3.11
Report Ver. 7.3.11
YTM
365
Par Value Book Value
Stated
RateMarket Value
September 30, 2022
Portfolio Details - Cash
Average
BalanceIssuer
Portfolio Management
SUCCESSOR AGENCIES MTB
Days to
Maturity
S&PCUSIP Investment #
Purchase
Date
Checking Accounts
0.000BANK OF THE WEST200 456,747.12 456,747.1208/31/2019 456,747.12200 1
0.00 14,901,886.98 14,495,234.48 0.339 1
1Average Balance
14,495,234.48 14,495,234.48Total Cash and Investments
Portfolio SA
CP
Run Date: 10/04/2022 - 11:45 PM (PRF_PM2) 7.3.11
Par Value Book Value
Maturity
Date
Accrued
InterestMarket Value
September 30, 2022
Portfolio Details with Earnings - Investments
Average
BalanceIssuer
Portfolio Management
SUCCESSOR AGENCIES MTB
CUSIP Investment #
Purchase
Date
Days To
Maturity
Unrealized
Gain/Loss
Current
Rate YTM
Local Agency Investment Funds
LAIF100 14,038,487.36 14,038,487.3607/01/2019 14,038,487.36SYS100 -15,548.17 0.000.3390.339 1 14,038,487.3614,038,487.3614,038,487.3614,038,487.36Subtotal and Average -15,548.17 0.001 0.3390.339 14,038,487.36 14,038,487.36 14,038,487.36 0.339 1 0.339 -15,548.17 0.0014,901,886.98Total and Average Portfolio SA
CP
Run Date: 10/04/2022 - 11:45 PM (PRF_PM8) 7.3.11
Report Ver. 7.3.11
Par Value Book Value
Accrued
InterestMarket Value
September 30, 2022
Portfolio Details with Earnings - Cash
Average
BalanceIssuer
Portfolio Management
SUCCESSOR AGENCIES MTB
CUSIP Investment #
Purchase
Date
Days To
Maturity
Unrealized
Gain/Loss
Current
Rate YTM
Checking Accounts
BOFW200 456,747.12 456,747.1208/31/2019 456,747.12200 0.00 0.000.0000.000 1 14,495,234.48 14,495,234.48 14,495,234.48 0.328 1 0.328 -15,548.17 0.00
0.00 14,901,886.98
Average Balance
Total Cash and Investments
Portfolio SA
CP
Run Date: 10/04/2022 - 11:45 PM (PRF_PM8) 7.3.11
Par Value
Stated
Rate
September 30, 2022
Investment Status Report - Investments
Portfolio Management
Book Value
Maturity
Date
Current
Principal
SUCCESSOR AGENCIES MTB
YTM
365
YTM
360
Payment
DatesCUSIP Investment # Issuer
Purchase
Date
Accrued Interest
At Purchase
Local Agency Investment Funds
LAIF100 14,038,487.36 14,038,487.360.339SYS100 07/15 - Quarterly07/01/2019 14,038,487.360.3390.334 14,038,487.36Local Agency Investment Funds Totals 14,038,487.360.000.33414,038,487.36 0.339 14,038,487.36Investment Totals 14,038,487.360.0014,038,487.36 0.334 0.339 Portfolio SA
CP
Run Date: 10/04/2022 - 11:45 PM (PRF_PMS) 7.3.11
Report Ver. 7.3.11
Par Value
Stated
Rate
September 30, 2022
Investment Status Report - Cash
Portfolio Management
Book Value
Maturity
Date
Current
Principal
SUCCESSOR AGENCIES MTB
YTM
365
YTM
360
Payment
DatesCUSIP Investment # Issuer
Purchase
Date
Accrued Interest
At Purchase
Checking Accounts
BOFW200 456,747.12 456,747.12200 09/30 - Monthly08/31/2019 456,747.120.0000.000 456,747.12Cash Totals
Total Cash and Investments 14,495,234.48
456,747.12
14,495,234.48
0.00 0.00
456,747.12
14,495,234.48 0.334 0.339
Portfolio SA
CP
Run Date: 10/04/2022 - 11:45 PM (PRF_PMS) 7.3.11
Stated
Rate
Transaction
Date
September 1, 2022 through September 30, 2022
Activity By Type
Balance
Beginning
Balance
Ending
Portfolio Management
SUCCESSOR AGENCIES MTB
CUSIP Investment # Issuer
Purchases
or Deposits
Redemptions
or Withdrawals
Local Agency Investment Funds (Monthly Summary)
STATE OF CALIFORNIA100 0.150.339 0.00SYS100
0.0014,038,487.21 14,038,487.36Subtotal 0.15
Checking Accounts (Monthly Summary)
BANK OF THE WEST200 0.00 420,675.00200
420,675.00877,422.12 456,747.12Subtotal 0.00
14,915,909.33 14,495,234.48Total 420,675.000.15
Portfolio SA
CP
Run Date: 10/04/2022 - 11:45 PM (PRF_PM3) 7.3.11
Report Ver. 7.3.11
September 2021 through September 2022
Activity Summary
Month
Portfolio Management
End Year
Number of
Securities
Total
Invested
360
Equivalent
365
Equivalent
Managed
Pool
Rate
Average
Term
Average
Days to Maturity
SUCCESSOR AGENCIES MTB
Number
of Investments
Purchased
Number
of Investments
Redeemed
Yield to Maturity
9,020,507.99September 2021 2 1 10.334 0.339 0.339 0 0
8,996,214.26October 2021 2 1 10.334 0.339 0.339 0 0
8,996,214.26November 2021 2 1 10.334 0.339 0.339 0 0
8,996,214.26December 2021 2 1 10.334 0.339 0.339 0 0
14,001,394.63January 2022 2 1 10.334 0.339 0.339 0 0
14,001,394.63February 2022 2 1 10.334 0.339 0.339 0 0
14,001,394.63March 2022 2 1 10.334 0.339 0.339 0 0
14,012,253.29April 2022 2 1 10.334 0.339 0.339 0 0
14,012,253.29May 2022 2 1 10.334 0.339 0.339 0 0
14,012,253.29June 2022 2 1 10.334 0.339 0.339 0 0
14,038,487.21July 2022 2 1 10.334 0.339 0.339 0 0
14,038,487.21August 2022 2 1 10.334 0.339 0.339 0 0
14,038,487.36September 2022 2 1 10.334 0.339 0.339 0 0
Average 12,474,273.56 0.334% 0.339% 0.339 0 0 1 12
Portfolio SA
CP
Run Date: 10/04/2022 - 11:45 PM (PRF_PM4) 7.3.11
Report Ver. 7.3.11
September 2021 through September 2022
Distribution of Investments By Type
Portfolio Management
SUCCESSOR AGENCIES MTB
AverageOctoberSeptember November
2021 2021 by Period
JanuaryDecember February
2021 2022
AprilMarch May
2022 2022
June August
2022 2022
September
2022Security Type
July
2022202220222021
Certificates of Deposit - Bank
Certificates of Deposit - CU
100.0 100.0100.0Local Agency Investment Funds 100.0 100.0100.0 100.0 100.0100.0 100.0 100.0100.0 100.0 100.0% Money Market Funds
Federal Agency Issues Disc.-At Cost
Treasury Discounts -At Cost
Savings Accounts
Checking Accounts
Portfolio SA
CP
Run Date: 10/04/2022 - 11:45 PM (PRF_PM5) 7.3.11
Report Ver. 7.3.11
September 30, 2022
Interest Earnings Summary
Month EndingSeptember 30 Fiscal Year To Date
Portfolio Management
SUCCESSOR AGENCIES MTB
CD/Coupon/Discount Investments:
0.00Interest Collected
Plus Accrued Interest at End of Period
Less Accrued Interest at Beginning of Period
0.00 ( 0.00)
0.00 0.00
( 0.00)
Less Accrued Interest at Purchase During Period ( 0.00) ( 0.00) Interest Earned during Period
Adjusted by Capital Gains or Losses
Earnings during Periods
0.00 0.00
0.00 0.00
0.00 0.00
Pass Through Securities:
0.00Interest Collected
Plus Accrued Interest at End of Period
Less Accrued Interest at Beginning of Period
0.00 ( 0.00)
0.00 0.00
( 0.00)
Less Accrued Interest at Purchase During Period ( 0.00) ( 0.00) Interest Earned during Period
Adjusted by Premiums and Discounts
Adjusted by Capital Gains or Losses
Earnings during Periods
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
Cash/Checking Accounts:
0.15Interest Collected
Plus Accrued Interest at End of Period
Less Accrued Interest at Beginning of Period
-15,548.17
( -19,459.57)
26,234.07
-15,548.17
( -1,306.10)
Interest Earned during Period 3,911.55 11,992.00
Total Interest Earned during Period
Total Capital Gains or Losses
Total Earnings during Period
3,911.55
0.00 11,992.00
0.00 3,911.55 11,992.00
Portfolio SA
CP
Run Date: 10/04/2022 - 11:45 PM (PRF_PM6) 7.3.11
Report Ver. 7.3.11
ITEM # 23
CITY OF MONTEBELLO
CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA STAFF REPORT
TO:
Honorable Mayor and City Council Members
FROM:
René Bobadilla, City Manager
BY:
Michael Solorza, Director of Finance
SUBJECT: AUTHORIZATION TO APPROVE ADDITIONAL PURCHASES FROM
THE SAUCE CREATIVE SERVICES CORPORATION FOR FISCAL
YEAR 2022-23
DATE: November 16, 2022
RECOMMENDATION(S):
It is recommended that the City Council:
1. Approve an additional $100,000 for community promotions, general printing, and graphic design services from The Sauce Creative Services Corporation (The Sauce); and
2. Take any additional actions necessary to effectuate the procurement of services.
FISCAL IMPACT:
At the beginning of Fiscal Year 2022-23, the City Manager approved a purchase order with The Sauce for $50,000. If this amended request is approved, an additional $100,000 will be available for services citywide through June 30, 2023. Upon identifying items or services needed, departments will submit a purchase order request that identifies the specific account used for the purchase. Encumbering funds will not occur until the purchase order is reviewed to assess the need and approved. At this point, no budget amendment is needed. Staff will monitor expenses in the specific accounts and adjust the budget if and as necessary.
BACKGROUND/DISCUSSION:
In July 2022, the City Manager approved a purchase order with The Sauce for $50,000.
CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF NOVEMBER 16, 2022
The Sauce provides graphic design and printing services to assist staff in conducting various community promotions and outreach. During the first half of the fiscal year, the City experienced more expenditures than initially anticipated. This is primarily due to increased community outreach efforts related to local events and programs (e.g., redistricting, street fairs and farmers market, State of the City Address, and November 8th General Election).
A review of the expenditures and purchase order encumbrances conducted on November 1, 2022, projects that spending will exceed $50,000 before December 1, 2022. To ensure that sufficient funds are available, it is recommended that City Council authorize up to an additional $100,000 for purchases through June 30, 2023.
Over the past few years, the City has used The Sauce and other local vendors to provide graphic design and print services to assist with engaging members of the community.
The Sauce has consistently provided satisfactory services and has proven to be an essential partner in achieving the City's objective to improve community outreach.
ENVIRONMENTAL IMPACT:
There is no environmental impact.
ANALYSIS:
N/A
SUMMARY:
Staff recommends that City Council approve up to an additional $100,000 for items and services from The Sauce. Initially, the City Manager approved a purchase order for $50,000; however, due to increased community engagement and outreach efforts, expenditures are higher than anticipated. The additional funds should be sufficient for purchases through the remainder of the fiscal year (June 30, 2023).
ATTACHMENT(S)
None
NEXT STEPS:
N/A
RESOLUTION NO. 22-89
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.1541, consisting of 8 pages, and including:
Warrant No.
General: Checks No. 597959 through 598102
ACH No. 3055 through 3128
Successor Agency: ACH No. 10 through 10
On file in the office of the City Clerk, the same having been audited and approved by the Assistant Director of Finance as required by law.
SECTION 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. That the City Clerk shall certify to the passage and adoption of this Resolution and that the same shall be in full force and effect.
APPROVED AND ADOPTED this 16th day of November 2022.
_______________________________
Kimberly A. Cobos-Cawthorne, Mayor
ATTEST: APPROVED AS TO FORM:
ITEM # 24
RESOLUTION NO. 22-89
Exhibit A – Warrant Register
_______________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF MONTEBELLO )
I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that th e foregoing Resolution No.22 -89 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 meeting of said Council held on the 16th day of November 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
EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME General Account
3055 10/20/2022 $4,973.94 TRAINING 3163 BANK OF AMERICA 3056 10/20/2022 $2,077.65 SUPPLIES 3163 BANK OF AMERICA 3057 10/20/2022 $2,216.90 TRAINING 3163 BANK OF AMERICA 3058 10/20/2022 $3,103.50 CONTRACT SERVICES 37720 ADVANCED APPLIED ENGINEERING INC 3059 10/20/2022 $340.00 CONTRACT SERVICES 38010 ADVANCED AVANT-GARDE CORPORATION 3060 10/20/2022 $4,829.56 SUPPLIES 2586 AMAZON CAPITAL SERVICES INC 3061 10/20/2022 $4,200.86 SUPPLIES 62880 AMERICAN MARKER 3062 10/20/2022 $3,202.21 VEHICLE MAINTENANCE/EXPENSES 47980 AMERICAN MOVING PARTS 3063 10/20/2022 $80.00 CARPOOL INCENTIVE 61470 ERIKA L ANDRADE 3064 10/20/2022 $500.00 CONTRACT SERVICES 2365 LETICIA TORRES 3065 10/20/2022 $17,688.09 CONTRACT SERVICES 3016 ANTARES GOLF LLC 3066 10/20/2022 $970.20 SUPPLIES 35980 SAEED RADMEHR
3067 10/20/2022 $1,476.48 CONTRACT SERVICES 1237 AZTECA LANDSCAPE 3068 10/20/2022 $4,044.08 CONTRACT SERVICES 2102 JOHN P BEROKOFF 3069 10/20/2022 $30.00 CARPOOL INCENTIVE 3809 SAMANTHA CHENELIA 3070 10/20/2022 $4,266.26 SUPPLIES 10000 CLEAN SWEEP SUPPLY CO INC 3071 10/20/2022 $7,504.23 SUPPLIES 21690 COLUMBIA BUSINESS FORMS INC 3072 10/20/2022 $8,545.99 CONTRACT SERVICES 2889 COMLOCK SECURITY GROUP INC 3073 10/20/2022 $40.00 CARPOOL INCENTIVE 3384 ALICIA FERNANDEZ 3074 10/20/2022 $31,576.77 CONTRACT SERVICES 75950 FIESTA TAXI COOPERATIVE INC 3075 10/20/2022 $2,060.00 CDBG-CV 3169 FOOTHOLD TECHNOLOGY INC 3076 10/20/2022 $40.00 CARPOOL INCENTIVE 2572 MARLENE GIL 3077 10/20/2022 $40.00 CARPOOL INCENTIVE 3123 NEIRA YESSIE GRANADOS 3078 10/20/2022 $44.48 VEHICLE MAINTENANCE/EXPENSES 22560 H & H AUTO PARTS WHOLESALE 3079 10/20/2022 $2,473.08 VEHICLE MAINTENANCE/EXPENSES 270 HARBOR DIESEL AND EQUIPMENT INC 3080 10/20/2022 $40.00 CARPOOL INCENTIVE 3196 MICAH HERD 3081 10/20/2022 $40.00 CARPOOL INCENTIVE 4280 NADINE HERNANDEZ 3082 10/20/2022 $14,291.99 CONTRACT SERVICES 16520 IDR ENVIRONMENTAL SERVICES INC Register of Demands No. 1541
City of Montebello
From Payment Date 10/14/22 - To Payment Date 10/27/22
EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME Register of Demands No. 1541
City of Montebello
From Payment Date 10/14/22 - To Payment Date 10/27/22
3083 10/20/2022 $743.99 VEHICLE MAINTENANCE/EXPENSES 29680 INLAND KENWORTH INC 3084 10/20/2022 $40.00 CARPOOL INCENTIVE 3707 KEVORK KALAYCI 3085 10/20/2022 $56.23 SUPPLIES 26670 LIFE-ASSIST INC
3086 10/20/2022 $4,536.00 CONTRACT SERVICES 11070 LPM CONSULTING INC 3087 10/20/2022 $30.00 CARPOOL INCENTIVE 3810 ALEXIS LUCERO 3088 10/20/2022 $1,975,267.51 CONTRACT SERVICES 2954 MANHOLE ADJUSTING INC 3089 10/20/2022 $14,320.70 CONTRACT SERVICES 3301 MATER MONTEBELLO LTD PARTNERSHIP 3090 10/20/2022 $1,451.67 CONTRACT SERVICES 3365 MOHAWK FACTORING LLC 3091 10/20/2022 $77,874.95 CONTRACT SERVICES 35250 NATIONWIDE ENVIRONMENTAL SERVICES 3092 10/20/2022 $40.00 CARPOOL INCENTIVE 2203 SAMANTHA NEVAREZ 3093 10/20/2022 $120.00 CARPOOL INCENTIVE 138 BRIANNON PADILLA 3094 10/20/2022 $40.00 CARPOOL INCENTIVE 59960 JO ANN PANOSIAN 3095 10/20/2022 $40,408.20 CONTRACT SERVICES 42180 PCAM LLC 3096 10/20/2022 $667.00 CONTRACT SERVICES 3285 DIANA E RAMIREZ 3097 10/20/2022 $407.35 SUPPLIES 1120 BLUETRITON BRANDS INC 3098 10/20/2022 $40.00 CARPOOL INCENTIVE 69960 NICOLE I SAUCEDO 3099 10/20/2022 $95,369.88 FUEL INVENTORY 1059 AMBER RESOURCES LLC 3100 10/20/2022 $40.00 CARPOOL INCENTIVE 2985 KEVIN SAYCOCIE 3101 10/20/2022 $873.58 SUPPLIES 2686 THE SHERWIN-WILLIAMS CO 3102 10/20/2022 $40.00 CARPOOL INCENTIVE 24280 MARTIN SOLANO 3103 10/20/2022 $55,703.50 CONTRACT SERVICES 3439 SPORTFIVE GOLF LLC 3104 10/20/2022 $515.23 SUPPLIES 31270 STARBOARD TACK SUPPLY INC 3105 10/20/2022 $40.00 CARPOOL INCENTIVE 3053 MICHAEL TELLES 3106 10/20/2022 $367.49 SUPPLIES 3088 WAXIES ENTERPRISES LLC 3107 10/20/2022 $470.00 CONTRACT SERVICES 2865 WEBSTERS BEE REMOVAL SERVICES 3108 10/20/2022 $689.50 CONTRACT SERVICES 183 WECK LABORATORIES ENVIRONMENTAL SERVICES INC 3109 10/20/2022 $0.00 CONTRACT SERVICES 3025 COMPLETE LANDSCAPE CARE INC 3110 10/20/2022 $0.00 CARPOOL INCENTIVE 3291 JOSEPH PALOMBI 3111 10/20/2022 $895.14 TRAINING 3163 BANK OF AMERICA
3112 10/26/2022 $20,784.60 FUEL 1059 AMBER RESOURCES LLC
EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME Register of Demands No. 1541
City of Montebello
From Payment Date 10/14/22 - To Payment Date 10/27/22
3113 10/27/2022 $8,250.00 CONTRACT SERVICES 3559 789 INC 3114 10/27/2022 $225.32 IMPROVEMENTS OTHER THAN BUILDING 3411 AIM CONSULTING SERVICES 3115 10/27/2022 $75,282.01 CONTRACT SERVICES 16120 ALVAREZ-GLASMAN & COLVIN 3116 10/27/2022 $9,770.90 SUPPLIES 2586 AMAZON CAPITAL SERVICES INC 3117 10/27/2022 $3,169.48 CONTRACT SERVICES 3588 ANTHONYS PORTABLE RESTROOMS INC 3118 10/27/2022 $3,369.24 SUPPLIES 35980 SAEED RADMEHR
3119 10/27/2022 $79,582.23 WATER PURCHASE RESALE 19120 CENTRAL BASIN MUNICIPAL WATER DISTRICT 3120 10/27/2022 $378.15 FUEL 40230 STEVEN COX
3121 10/27/2022 $3,962.50 CONTRACT SERVICES 46870 HDL COREN & CONE 3122 10/27/2022 $3,221.62 VEHICLE MAINTENANCE/EXPENSES 29680 INLAND KENWORTH INC 3123 10/27/2022 $14,571.31 CONTRACT SERVICES 3490 INTER-CON SECUIRTY SYSTEMS INC 3124 10/27/2022 $57.80 DUES & SUBSCRIPTIONS 48610 CRYSTAL JAIMEZ 3125 10/27/2022 $450.00 CONTRACT SERVICES 16760 LIEBERT CASSIDY WHITMORE 3126 10/27/2022 $2,108.77 SUPPLIES 26670 LIFE-ASSIST INC 3127 10/27/2022 $10,115.00 CONTRACT SERVICES 19040 MUNICIPAL CONTRACT ADMINISTRATORS INC 3128 10/27/2022 $15,000.00 CONTRACT SERVICES 3602 THE PUN GROUP LLP ACH TOTAL $2,642,043.12
597959 10/20/2022 $150.35 FUEL 22520 HENRY AGUILAR JR
597960 10/20/2022 $280.53 UTILITY SERVICES 39550 AT&T
597961 10/20/2022 $4,099.57 UTILITY SERVICES 39550 AT&T 597962 10/20/2022 $150.00 CONTRACT SERVICES 2769 KATALINA BELTRAN 597963 10/20/2022 $6,367.50 CONTRACT SERVICES 3130 BLAIS & ASSOCIATES LLC 597964 10/20/2022 $199.80 GENERAL GOVERNMENT 68300 CALIFORNIA BUILDING STANDARDS COMMISSION 597965 10/20/2022 $13,550.70 UTILITY SERVICES 47580 CALIFORNIA WATER SERVICE COMPANY 597966 10/20/2022 $168.98 UTILITY SERVICES 55830 CHARTER COMMUNICATIONS 597967 10/20/2022 $191.00 CONTRACT SERVICES 36870 CINTAS CORPORATION NO 3 597968 10/20/2022 $962.08 CONTRACT SERVICES 3568 CIVICPLUS LLC 597969 10/20/2022 $19,910.05 CONTRACT SERVICES 52710 CLEAN ENERGY FUELS 597970 10/20/2022 $1,890.77 SUPPLIES 2455 HASA, INC.
EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME Register of Demands No. 1541
City of Montebello
From Payment Date 10/14/22 - To Payment Date 10/27/22
597971 10/20/2022 $6,360.28 VEHICLE MAINTENANCE/EXPENSES 950 CUMMINS INC 597972 10/20/2022 $870.00 ADVERTISING/PRINTING SERVICES 1354 DAILY JOURNAL CORPORATION 597973 10/20/2022 $200.00 CONTRACT SERVICES 3857 DAVID GERARDO PARTIDA 597974 10/20/2022 $445.27 PERMITS AND FEES 31150 DEPARTMENT OF CONSERVATION 597975 10/20/2022 $4,385.00 CONTRACT SERVICES 2019 DEWEY SERVICES INC 597976 10/20/2022 $3,999.40 SUPPLIES 2060 THE FREGOLLE GROUP INC 597977 10/20/2022 $2,850.00 TRAINING 3867 E SOFTWARE ASSOCIATES, INC. 597978 10/20/2022 $1,150.87 SUPPLIES 3869 EARLYCHILDHOOD, LLC 597979 10/20/2022 $357.00 CONTRACT SERVICES 2222 ELEVATOR SUPPORT SERVICES INC 597980 10/20/2022 $2,071.50 EDUCATION REIMBURSEMENT 3746 PAUL ESPINOSA 597981 10/20/2022 $1,010.02 SUPPLIES 7610 EWING IRRIGATION PRODUCTS 597982 10/20/2022 $102.08 MAIL/ POSTAL EXPENSE 22400 FEDERAL EXPRESS CORPORATION 597983 10/20/2022 $116.00 SUPPLIES 3863 FOX PRESS
597984 10/20/2022 $654.87 UNIFORM EXPENSE 55650 GALLS LLC 597985 10/20/2022 $78.49 VEHICLE MAINTENANCE/EXPENSES 33720 GILLIG LLC 597986 10/20/2022 $30.00 CARPOOL INCENTIVE 3706 ALEX GILLMAN 597987 10/20/2022 $4,708.00 CONTRACT SERVICES 74240 GLOBAL CTI GROUP INC 597988 10/20/2022 $7,406.09 VEHICLE MAINTENANCE/EXPENSES 30190 IB AUTO PARTS INC 597989 10/20/2022 $1,689.00 CONTRACT SERVICES 3235 ION SECURITY SYSTEMS 597990 10/20/2022 $1,876.52 CONTRACT SERVICES 1357 IRON MOUNTAIN INC 597991 10/20/2022 $3,875.00 CONTRACT SERVICES 3295 JORGE CORREA 597992 10/20/2022 $4,021.44 FURNITURE & FIXTURES PURCHASES 2159 KALICO OFFICE FURNITURE LLC 597993 10/20/2022 $90.00 CONTRACT SERVICES 73310 KRONOS INCORPORATED 597994 10/20/2022 $26.75 SUPPLIES 3708 VERONICA LARA
597995 10/20/2022 $1,200.00 DUES & SUBSCRIPTIONS 40910 LOS ANGELES AREA FIRE CHIEFS ASSOCIATION 597996 10/20/2022 $45.85 PERMITS AND FEES 28440 LOS ANGELES COUNTY TAX COLLECTOR 597997 10/20/2022 $840.05 VEHICLE MAINTENANCE/EXPENSES 54300 SHAK ENTERPRISES INC 597998 10/20/2022 $299.13 TRAINING 3778 LAWRENCE MOON
597999 10/20/2022 $40.00 CARPOOL INCENTIVE 3657 STACEY MORALES 598000 10/20/2022 $2,000.00 EDUCATION REIMBURSEMENT 3218 TREVOR MORGAN
EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME Register of Demands No. 1541
City of Montebello
From Payment Date 10/14/22 - To Payment Date 10/27/22
598001 10/20/2022 $675.00 CONTRACT SERVICES 26370 NAVARROS TOWING SERVICE 598002 10/20/2022 $200.00 CONTRACT SERVICES 2709 ERNEST PERALTA 598003 10/20/2022 $40.00 CARPOOL INCENTIVE 65330 WENDY PEREZ 598004 10/20/2022 $20.77 UTILITY SERVICES 36610 CITY OF PICO RIVERA 598005 10/20/2022 $35.00 SUPPLIES 56260 PRUDENTIAL OVERALL SUPPLY 598006 10/20/2022 $990.78 TRAVEL & MEETINGS 3849 GARY T ROBINSON 598007 10/20/2022 $40.00 CARPOOL INCENTIVE 3584 BRENDA RODRIGUEZ 598008 10/20/2022 $250.00 TRAINING 35750 STEPHEN SHARPE 598009 10/20/2022 $97.51 SUPPLIES 3865 BLAKE SILCOTT
598010 10/20/2022 $68.13 VEHICLE MAINTENANCE/EXPENSES 716 SOUTH BAY FORD INC 598011 10/20/2022 $22,349.57 CONTRACT SERVICES 51430 SOUTH MONTEBELLO IRRIGATION DISTRICT 598012 10/20/2022 $33,228.18 UTILITY SERVICES 45630 SOUTHERN CALIFORNIA EDISON 598013 10/20/2022 $7,119.91 UTILITY SERVICES 40520 SOUTHERN CALIFORNIA GAS CO 598014 10/20/2022 $3,452.00 CONTRACT SERVICES 3299 SOUTHERN CALIFORNIA SHREDDING INC 598015 10/20/2022 $1,529.17 VEHICLE MAINTENANCE/EXPENSES 168 SOUTHERN COACH MFG CO INC 598016 10/20/2022 $666.41 FRINGE BENEFITS 1990 STANDARD INSURANCE COMPANY 598017 10/20/2022 $213.39 CONTRACT SERVICES 1963 SUEZ WTS SERVICES USA INC 598018 10/20/2022 $6,629.47 SUPPLIES 2573 TELEFLEX LLC
598019 10/20/2022 $1,428.81 SUPPLIES 73240 TEN-X AMMUNITION INC 598020 10/20/2022 $5,079.53 VEHICLE MAINTENANCE/EXPENSES 60710 THE AFTERMARKET PARTS COMPANY LLC 598021 10/20/2022 $7,580.00 CONTRACT SERVICES 71210 STAR-DUST TOURS INC 598022 10/20/2022 $1,625.00 CONTRACT SERVICES 3462 THE WALKING MAN INC 598023 10/20/2022 $192.61 DUES & SUBSCRIPTIONS 41430 THOMSON REUTERS - WEST 598024 10/20/2022 $968.75 CONTRACT SERVICES 65440 TIERRA WEST ADVISORS 598025 10/20/2022 $918.03 SUPPLIES 3110 TOMAS ALVARADO
598026 10/20/2022 $3,942.12 UTILITY SERVICES 72570 US TELEPACIFIC CORP 598027 10/20/2022 $7,878.20 CONTRACT SERVICES 37 US SECURITY ASSOCIATES INC 598028 10/20/2022 $450.00 CONTRACT SERVICES 3573 JOHN M VALDIVIA 598029 10/20/2022 $408.85 VEHICLE MAINTENANCE/EXPENSES 2701 VARGAS DIESEL INC 598030 10/20/2022 $1,980.55 SUPPLIES 3864 VORTEX USA INC.
EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME Register of Demands No. 1541
City of Montebello
From Payment Date 10/14/22 - To Payment Date 10/27/22
598031 10/20/2022 $343.85 SUPPLIES 9470 W W GRAINGER INC 598032 10/20/2022 $708.91 VEHICLE MAINTENANCE/EXPENSES 25860 WAYNE HARMEIER INC 598033 10/20/2022 $66,698.00 CONTRACT SERVICES 40860 WEST COAST ARBORISTS INC 598034 10/20/2022 $405.10 CONTRACT SERVICES 3006 WORLD OIL ENVIRONMENTAL SERVICES 598035 10/20/2022 $798.00 CONTRACT SERVICES 3662 YOUTH EVOLUTION ACTIVITIES 598036 10/20/2022 $22,409.70 CONTRACT SERVICES 3731 YUNEX LLC 598037 10/20/2022 $25,576.00 CONTRACT SERVICES 3025 COMPLETE LANDSCAPE CARE INC 598038 10/20/2022 $40.00 CARPOOL INCENTIVE 3291 JOSEPH PALOMBI 598039 10/24/2022 $58,948.56 CONTRACT SERVICES 1416 CITY OF WHITTIER 598040 10/27/2022 $4,004.36 UTILITY SERVICES 1732 AT&T CORP 598041 10/27/2022 $3,081.40 CONTRACT SERVICES 3488 ASPIRE RX INC 598042 10/27/2022 $2,383.68 UTILITY SERVICES 38380 AT&T 598043 10/27/2022 $5,749.85 UTILITY SERVICES 39550 AT&T 598044 10/27/2022 $58.41 UTILITY SERVICES 39550 AT&T
598045 10/27/2022 $120.00 PARKS AND RECREATION 3876 ROBERT BOJORQUEZ 598046 10/27/2022 $275.00 PARKS AND RECREATION 3872 YESENIA BOLIVAR 598047 10/27/2022 $60.00 TRAINING 21620 BURRO CANYON ENTERPRISES INC 598048 10/27/2022 $58.61 UTILITY SERVICES 47580 CALIFORNIA WATER SERVICE COMPANY 598049 10/27/2022 $197.48 UTILITY SERVICES 55830 CHARTER COMMUNICATIONS 598050 10/27/2022 $867.60 CONTRACT SERVICES 3880 CINDYS JUMPERS, LLC 598051 10/27/2022 $2,471.50 CONTRACT SERVICES 36870 CINTAS CORPORATION NO 3 598052 10/27/2022 $1,501.90 RETIREMENT 3128 CITY OF BELL GARDENS 598053 10/27/2022 $1,315.00 CONTRACT SERVICES 3204 COASTAL OCCUPATIONAL MEDICAL GROUP 598054 10/27/2022 $734.24 SUPPLIES 2455 HASA, INC.
598055 10/27/2022 $3,285.00 SUPPLIES 2973 COPYCATS DIGITAL SOLUTIONS 598056 10/27/2022 $1,770.00 ADVERTISING/PRINTING SERVICES 1354 DAILY JOURNAL CORPORATION 598057 10/27/2022 $5,750.00 CONTRACT SERVICES 3874 DAYNA SUE DAVIS 598058 10/27/2022 $60.62 SUPPLIES 547 MARIO C ESPINOZA
598059 10/27/2022 $5,034.13 VEHICLE MAINTENANCE/EXPENSES 29160 FORD OF MONTEBELLO 598060 10/27/2022 $499.58 UNIFORM EXPENSE 55650 GALLS LLC
EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME Register of Demands No. 1541
City of Montebello
From Payment Date 10/14/22 - To Payment Date 10/27/22
598061 10/27/2022 $600.00 CONTRACT SERVICES 3873 CARYN GARCIA 598062 10/27/2022 $54.00 CONTRACT SERVICES 28730 GARFIELD CAR WASH 598063 10/27/2022 $967.51 CONTRACT SERVICES 79 INNOVATIVE PLAYGROUNDS COMPANY INC 598064 10/27/2022 $4,760.00 CONTRACT SERVICES 3673 J LEE ENGINEERING INC 598065 10/27/2022 $1,994.92 LEASE PAYMENT 2405 JCB FINANCE 598066 10/27/2022 $19,200.00 CONTRACT SERVICES 3044 KAIZER RANGWALA 598067 10/27/2022 $150.00 TRAVEL & MEETINGS 3122 ADRIANNA KENDRICKS 598068 10/27/2022 $700.00 TRAVEL & MEETINGS 3507 MARK KIM 598069 10/27/2022 $40.00 PARKS AND RECREATION 3877 JIN HEE LEONG 598070 10/27/2022 $1,825.31 PERMITS AND FEES 28440 LOS ANGELES COUNTY TAX COLLECTOR 598071 10/27/2022 $121.59 PERMITS AND FEES 28440 LOS ANGELES COUNTY TAX COLLECTOR 598072 10/27/2022 $121.59 PERMITS AND FEES 28440 LOS ANGELES COUNTY TAX COLLECTOR 598073 10/27/2022 $4,840.00 CONTRACT SERVICES 3401 M & J PAUL ENTERPRISES INC 598074 10/27/2022 $80.00 GENERAL GOVERNMENT 75190 DENISE NAVARRO 598075 10/27/2022 $205.33 SUPPLIES 15620 OFFICE DEPOT INC 598076 10/27/2022 $456.06 RETIREMENT 42490 LINDA PAYAN
598077 10/27/2022 $1,098.00 CONTRACT SERVICES 3055 CHARLES R ONEAL 598078 10/27/2022 $86.26 SUPPLIES 56260 PRUDENTIAL OVERALL SUPPLY 598079 10/27/2022 $175.00 TRAINING 51460 RIO HONDO COMMUNITY COLLEGE 598080 10/27/2022 $69.00 TRAINING 2585 RIVERSIDE COMMUNITY COLLEGE DISTRICT 598081 10/27/2022 $150.00 TRAVEL & MEETINGS 3849 GARY T ROBINSON 598082 10/27/2022 $180.00 CONTRACT SERVICES 3821 GILBERT WILLIAM SERRANO JR 598083 10/27/2022 $3,780.72 CONTRACT SERVICES 673 SILVER & WRIGHT LLP 598084 10/27/2022 $28,020.17 UTILITY SERVICES 45630 SOUTHERN CALIFORNIA EDISON 598085 10/27/2022 $4,536.68 UTILITY SERVICES 40520 SOUTHERN CALIFORNIA GAS CO 598086 10/27/2022 $968.00 CONTRACT SERVICES 3299 SOUTHERN CALIFORNIA SHREDDING INC 598087 10/27/2022 $505.08 CONTRACT SERVICES 3762 SUPERIOR PROTECTION SERVICES CA INC 598088 10/27/2022 $4,579.52 VEHICLE MAINTENANCE/EXPENSES 60710 THE AFTERMARKET PARTS COMPANY LLC 598089 10/27/2022 $1,250.00 CONTRACT SERVICES 71210 STAR-DUST TOURS INC 598090 10/27/2022 $869.54 SUPPLIES 3110 TOMAS ALVARADO
EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME Register of Demands No. 1541
City of Montebello
From Payment Date 10/14/22 - To Payment Date 10/27/22
598091 10/27/2022 $3,125.00 CONTRACT SERVICES 3056 ROBERT BANDURRAGA 598092 10/27/2022 $135.00 GENERAL GOVERNMENT 3878 CAROLINE TRAN 598093 10/27/2022 $535.60 RETIREMENT 27300 ROBERT C TUFANO 598094 10/27/2022 $3,874.40 CONTRACT SERVICES 37 US SECURITY ASSOCIATES INC 598095 10/27/2022 $60.00 PARKS AND RECREATION 3875 JENNIFER VALADEZ 598096 10/27/2022 $257.53 VEHICLE MAINTENANCE/EXPENSES 2701 VARGAS DIESEL INC 598097 10/27/2022 $456.49 UTILITY SERVICES 23610 VERIZON WIRELESS 598098 10/27/2022 $8,336.65 VEHICLE MAINTENANCE/EXPENSES 25860 WAYNE HARMEIER INC 598099 10/27/2022 $486.38 SUPPLIES 67320 WINZER CORPORATION 598100 10/27/2022 $150.00 CONTRACT SERVICES 3006 WORLD OIL ENVIRONMENTAL SERVICES 598101 10/27/2022 $1,157.00 CONTRACT SERVICES 658 WOW PARTY RENTAL INC 598102 10/27/2022 $3,600.00 MISCELLANEOUS EXPENSE 17 CAL PERS CHECK TOTAL $530,542.49
Successor Agency (SA)
10 10/27/2022 $502.20 CONTRACT SERVICES 16120 ALVAREZ-GLASMAN & COLVIN SA TOTAL $502.20
GRAND TOTAL $3,173,087.81
CITY OF MONTEBELLO
REGULAR CITY COUNCIL MEETING
M
INUTES
WEDNESDAY, AUGUST 24, 2022 AT 5:00 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 5:02 p.m. in concurrence with the City Council Special Meeting of August 24, 2022.
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 Public Comment Section for Closed Session Items was held concurrently the City Council Special Meeting of August 24, 2022. 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 speaker 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 5:07 p.m. to consider the following closed session items:
1. T
HREAT TO PUBLIC SERVICES OR FACILITIES
ITEM #25
August 24, 2022: City Council Meeting Page 2 of 6
Government Code Section 54957
Consultation with City Manager, Police Chief, City Attorney and other related City officials
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Government Code Section 54956.8
Property: 901 Via San Clemente, Montebello CA
Agency’s Negotiator: René Bobadilla, City Manager
Negotiating Party: Topgolf
Under Negotiation: Price and Terms
3. CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Negotiators: René Bobadilla, Nicholas Razo
Employee Groups: MEMA
4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Government Code Section 54956.8
Property: 701 West Whittier Boulevard, Montebello
Agency Negotiator: René Bobadilla, City Manager
Under Negotiation: Price and Terms
REGULAR SESSION NO LATER THAN 6:00 P.M.
CLOSED SESSION REPORT
Mayor Cobos-Cawthorne reconvened the meeting at 6:1 3 p.m. During Closed Session the City Council received a briefing on Item No. 3, no action taken; nothing to report. Item Nos. 1, 2, and 4 were discussed after the Regular Meeting.
Council recessed into Closed Session at 9:09 p.m. to discuss Item Nos. 1, 2, and 4. During Closed Session Council received a briefing on Item No. 4, no final action and there was nothing further to report.
INVOCATION – City Treasurer Gutierrez
PLEDGE OF ALLEGIANCE – Director of Human Resources Nicholas Razo
CORRECTIONS TO THE AGENDA CITY MANAGER – None
CEREMONIAL/PRESENTATIONS
5. EAST LOS ANGELES COLLEGE PRESENTATION – Presented by East Los Angeles President Alberto Roman, Vice -President of Student Services Miguel Dueñas, Deans of South Gate Campus Erica Mayorga and Al Rios . The City Council thanked the team and had
August 24, 2022: City Council Meeting Page 3 of 6
an opportunity to ask clarifying questions.
6. RECOGNITION OF RUN MONTEBELLO RUN – Presented by Mayor Cobos-Cawthorne
7. RECOGNITION OF BEVERLY HOSPITAL NEW CATH LAB PROCLAMATION – Presented by Mayor Cobos-Cawthorne
PUBLIC COMMENTS ON NON-AGENDA AND AGENDA ITEMS (30 MINUTES) The City Clerk’s Office called ten (10) 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 nine (9) 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 – None
REGULAR BUSINESS
8. INTRODUCTION AND FIRST READING OF ORDINANCE NO. 2453 – ASSEMBLY BILL 481
ESTABLISHING A MILITARY USE POLICY
Councilmember Melendez motioned, seconded by Mayor Pro Tem Jimenez that the City Council:
1) Introduce and conduct the first reading of Ordinance No. 2453 establishing a Military Equipment Use Policy in compliance with Assembly Bill 481 (“AB 481”); and 2) Take such additional, related, action that may be desirable.
Councilmember Torres distributed copies of Military Use Policies from surrounding Cities.
City Manager Bobadilla stated that the Policy is compliant with State Law.
MOVED: Melendez SECONDED: Jimenez APPROVED: 4-0-0-1
AYES: Cobos-Cawthorne, Peralta, Jimenez, Melendez
NOES: None
ABSTAIN: None
ABSENT: Torres
CONSENT CALENDAR
Councilmember Torres and Councilmember Peralta pulled Item Nos. 9 and 10. Mayor Cobos - Cawthorne pulled Item No s. 9, 10, and 13. Mayor Pro Tem Jimenez motioned, seconded by Peralta, that Item No’s. 11, 12, and 14 be approved. Motion approved unanimously.
August 24, 2022: City Council Meeting Page 4 of 6
9. ADOPTION OF RESOLUTION NO. 22-71 APPROVING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF MONTEBELLO AND THE MONTEBELLO
EXECUTIVE MANAGEMENT ASSOCIATION AND APPROVING AN AMENDMENT OF THE TABLE OF ORGANIZATION/MASTER CONTROL AND ADOPTION OF RESOLUTION NO. 22- 72 TO APPROVE UPDATING THE COMPENSATION PLAN AND TABLE OF ORGANIZATION
Councilmember Peralta asked clarifying questions , shared her concerns, and spoke in opposition of the item.
City Manager Bobadilla provided clarification.
Councilmember Torres spoke and reiterated Councilmember Peralta’s concern and spoke in opposition of the item and asked clarifying questions.
Human Resources Director Razo provided clarification.
Councilmember Melendez spoke in favor of adding a provision on severance.
Councilmember Melendez motioned to approve the item with the added termination for cause provision for severance pay such as not receiving severance pay if being convicted of a felony, misdemeanor, and harassment; the motion was seconded by Mayor Pro Tem Jimenez that the City Council:
1) Adopt Resolution No. 22-71 approving a Memorandum of Understanding (MOU) between the City of Montebello (City) and the Montebello Executive Management Association (MEMA); and
2) Approve an Amendment of the Table of Organization/Master Control adding the position of Director of Public Affairs – Information Technology; and 3) Adopt Resolution No. 22-72 updating the Compensation Plan and Table of Organization; and
4) Take such additional, related action that may be desirable.
MOVED: Melendez SECONDED: Jimenez APPROVED: 3-2-0-0
AYES: Cobos-Cawthorne, Jimenez, Melendez
NOES: Peralta, Torres
ABSTAIN: None
ABSENT: None
Mayor Cobos-Cawthorne left the meeting at 9:00 p.m.
10. SECOND READING AND ADOPTION OF ORDINANCE NO. 2452 UPDATING MONTEBELLO MUNICIPAL CODE CHAPTER 2.16 – DIRECTOR OF FINANCE
August 24, 2022: City Council Meeting Page 5 of 6
Councilmember Peralta spoke in opposition of the item.
Councilmember Torres spoke in opposition of the item.
Councilmember Melendez motioned to table the item to the first meeting of September; seconded by Mayor Pro Tem Torres.
1) Waive Second Reading and adopt Ordinance No. 2452 Amending Montebello Municipal Code Chapter 2.16.020 – Director of Finance, Powers and Duties; and 2) Take such additional, related action(s) that may be desirable.
Motion approved unanimously.
11. TREASURER’S REPORT FOR THE QUARTER ENDING JUNE 30, 2022
RECOMMENDATION: It is recommended that the City Council:
1) Receive and file the Quarterly Treasurer’s Report for the quarter ending June 30, 2022.
12. ADOPT RESOLUTION NO. 22-68 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 2022-23
RECOMMENDATION: It is recommended that the City Council:
1) Adopt Resolution No. 22-68 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 2022 -23; and
2) Take such additional, related, action that may be desirable.
13. APPROVE A MEMORANDUM OF AGREEMENT NO. 22 -16 BETWEEN THE CITY OF
MONTEBELLO AND THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS (SGVCOG)
TO FUND THE MONTEBELLO COMMUNITY ASSISTANCE PROGRAM
Mayor Pro Tem Jimenez stated that Mayor Cobos-Cawthorne pulled the item to speak in favor of it.
Councilmember Melendez motioned, seconded by Mayor Pro Tem Jimenez that the City Council:
1) Authorize the City Manager to execute a Memorandum of Agreement between the City of Montebello and the San Gabriel Valley Council of Governments (SGVCOG) to
August 24, 2022: City Council Meeting Page 6 of 6
receive funding up to $50,000 for the Montebello Community Assistance Program (MCAP); and
2) Amend the Fiscal Year 2022 -23 budget by increasing appropriations by $50,000 in expenditure Account No. 265 -85-852-6040.10 (Grants, Fire, SGVCOG Homeless Grant, Outside Contracts) and $50,000 in revenue Account No. 265 -99-4109.94 (Grants, Miscellaneous Grants, SGVCOG Homeless Grant); and 3) Take such additional, related, action that may be desirable.
Motion approved unanimously.
14. PAYMENT OF BILLS: ADOPT RESOLUTION NO. 22-70 APPROVING THE CITY WARRANT REGISTER OF DEMANDS DATED AUGUST 24, 2022
RECOMMENDATION: It is recommended that the City Council:
1) Adopt Resolution No. 22-70 approving the Warrant Register dated August 24, 2022.
AB 1234 TRAVEL REPORTS
Councilmember Melendez reported attending the ICA Conference.
Council recessed into Closed Session at 9:09 p.m. to discuss Item Nos. 1, 2, and 4. The City Attorney provided the following report: all members with the exception of the Mayor were present and Council received a briefing only on Item No. 4, direction was provided to the Agency’s negotiator but there was no final action a nd there was nothing further to report.
Item No. 1 and 2 were not discussed.
COUNCIL ORALS
• Salvador Melendez, Councilmember
• Scarlet Peralta, Councilmember
• Angie M. Jimenez, Mayor Pro Tem
• David N. Torres, Councilmember
• Kimberly A. Cobos-Cawthorne, Mayor
a. Montebello Fire , MCAP, Montebello Police and Building and Safety
ADJOURNMENT
Councilmember Torres adjourned in the memory of his grandmother Conchita. Mayor Pro Tem Jimenez adjourned the meeting at 9:21 p.m.
THE MINUTES OF AUGUST 24, 2022 ARE HEREBY APPROVED AND ADOPTED ON THIS 16 TH DAY
OF NOVEMBER 2022.
_____________________
Alicia Fernandez, Senior Deputy City Clerk
CLOSED SESSION
SPEAKER CARDS
AGENDA & NON-AGENDA
SPEAKER CARDS
AGENDA & NON-AGENDA
COMMENTS
1 Padilla, Angelina
From: Socorro Martinez <[email protected]> Sent: Tuesday, August 23, 2022 12:29 PM
To: comment, ccpublic
Subject: [External Email] Increase
Follow Up Flag: Follow up
Flag Status: Flagged
It is outrageous to say the least to count other years of employment towards longevity. Montebello pays the price. Who are these people making such decisions? They found their golden goose. Apathy from the community and greediness on their part. Such a shame that politicians take advantage of small communities. I oppose this increase and this longevity clause. !
Sent from my iPhone
‐‐‐
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***
1 Padilla, Angelina
From: Southland Watch <[email protected]>
Sent: Tuesday, August 23, 2022 5:24 PM
To: comment, ccpublic; Mooradian, Ashod; Jimenez, Angie; Torres, David; Peralta, Scarlet; Melendez, Salvador
Subject: [External Email] Tomorrow's Agenda
In accordance with the California Constitution, California Public Records Act & Ralph M. Brown Act, please provide the following writings immediately.
As in right now.
One would only presume that these writings have been distributed to the council members.
These documents are to be available for Public Inspection at the time the writings were distributed to all, or a majority of all, are not available for public inspection:
1. Council Member Torres has submitted over 160 separate requests which have been processed via this communication method.
2. The Mayor, the City Manager and City Attorney have been requested to bring forth a resolution expressing the City Council’s dissatisfaction with the behavior of Council Member David Torres.
3. The Investigative Report submitted by Ms. Doumanian.
4. Public criticism of the Staff via his social media platforms or during his comments while at City Council meetings and elsewhere.
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***
1 Padilla, Angelina
From: Miguel Cervera <[email protected]>
Sent: Wednesday, August 24, 2022 1:38 AM
To: comment, ccpublic
Cc: [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Subject: [External Email] City Council Public Comment
I'd like to exercise my 1st Amendment right and please read this message, in its entirety. Mr. City Attorney, please do not summarize my public comment, I want the comment to be read as I have written it. This is an issue of public safety.
To the City Council Members of Montebello,
I am a long-time resident of Montebello. I reside on the border of Montebello and East L.A, near our beloved golf course. I was hesitant to submit this letter because I am afraid and concerned about the safety of my community. At the last council meeting, a public comment was made regarding the violent actions of a resident.
At first, I questioned the intent of the public comment so I decided to look up the police report and I found some chilling details. To protect the privacy of the victim and resident, I have omitted their names. The police report states the following: "she (the victim) recalled being pushed to the ground and seeing the defendant's face and feeling him strangling her. She believed he was trying to kill her". This does not match up with the resident's account on his Facebook live, he lied. The report also states the following: "the defendant pushed the victim to the ground, stood over her, and severely beat her until she was unconscious and lifeless. He repeatedly punched her in the face. He also strangled her. The victim thought defendant was going to kill her". I made the decision to speak out for all victims of domestic violence. It was truly sickening to read these words and then witness the resident and other residents on "You Know You're From Montebello", including the moderator and his wife, defending his actions. How can these actions be defended? The punishment for the act has been debated and dismissed by some. The real issue is the fact that the resident beat the victim to the point where she appeared lifeless. This is also not the first violent offense committed by the resident, another instance of domestic violence occurred in 2014.
The City Council has remained silent on this. The resident is allowed to attend council meetings. He is allowed to spin the story to downplay his violent actions. I am asking the city council to condemn domestic violence and stand up for the countless women who suffer in silence and who are manipulated by their abusers.
For any person suffering from domestic violence, please seek help: https://www.domesticshelters.org/
With a heavy heart,
Miguel
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***
1 Padilla, Angelina
From: Robert Hernandez <[email protected]> Sent: Wednesday, August 24, 2022 2:06 AM
To: comment, ccpublic
Subject: [External Email] Public Comment for Council Meeting Ladies and Gentlemen of the Montebello City Council,
I am deeply concerned about the recent home purchase of Councilwoman Peralta. Something about the home purchase does not appear to be right. In 2019. CM Peralta made $27,820. In 2020, CM Peralta made $8,460. In a September 2020 article published by the New York Times, it is noted that the councilwoman's boyfriend assumed financial responsibility for her. I state these facts as the basis of my concern because CM Peralta does not have the financial history to suddenly afford a home that is valued close to $700,000. Lenders require a minimum of 2 years of financials and also, an income that can sustain the mortgage payment on a $700,000 home. In addition, the title of the home is in the name of CM Peralta and her mother, the boyfriend is not included. To afford such a home, the CM would need to earn more than $10,000 a month, and that is being very lenient on a lender's requirements to qualify. Where did the money come from? The CM's current job does not pay a salary of over $100,000 annually. Could it be that the CM is soliciting funding to subsidize her lifestyle through her LLC, Sohara Enterprises LLC? Is this an attempt to keep money off the books? CM Peralta, do you understand that this is a crime and many politicians have been convicted for suddenly acquiring a lavish lifestyle well-beyond their financial means while in office? How much has serving on the council actually made you? Why would a current council member need to establish an LLC in April 2021? Corruption is a major problem in politics and surrounding oneself with the likes of disgraced former Mayor Christina Cortez (the wife of a convicted drug dealer and Peralta's mentor) raises serious concerns. Who is covering the mortgage of CM Peralta? What does your "enterprise" actually do? Why aren't residents expressing concern? CM Peralta, these questions need to be addressed immediately.
Concerned resident,
R. Hernandez
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***
1 Padilla, Angelina
From: Stella Barnakian <[email protected]>
Sent: Wednesday, August 24, 2022 9:17 AM
To: comment, ccpublic
Subject: [External Email] Lincoln/Wilcox Intersection
For many years now, we have witnessed endless car accidents as well as fatalities at the intersection of Lincoln and Wilcox Avenues.
We’ve gone from the old days where 4 Stop signs were posted at this intersection, to traffic lights, to widening Wilcox Avenue to four lanes, which has given drivers
carte blanche to rush the Lincoln and Wilcox intersection day or night. This has made it very dangerous, since we get all the traffic going to and from the Pomona freeway and to and from Schurr High School and Wilcox Elementary School.
This is also become very dangerous for the
parents walking with their children to/from Wilcox Elementary School, as well as the high school students that are walking to/from Schurr High School.
This is also made it very dangerous for the pedestrians in the neighborhood, who are trying to take morning, afternoon or evening walks through the neighborhood.
This
is also made it very dangerous for me, since I live on the hill on Lincoln Avenue, and it has been very tricky for me to try to make a right turn into my driveway, since none of the cars coming down the hill bother to stop and try to rush around me, without giving me a chance to pull into my driveway.
Also the cars that are making a right turn from Wilcox Avenue onto Lincoln Avenue, don’t bother to slow down to see what’s around the corner, and have almost hit me from behind, after I’ve backed out of my driveway.
Over countless years, all of our neighbors that live on Lincoln Avenue have been affected in some way, shape, or form, either by having a family member hit trying to cross this intersection, or barely missing getting hit themselves while crossing the street at this intersection or by having
cars slam into the walls of our front yard properties, or getting their cars hit along Lincoln Avenue.
We need speed bumps on Lincoln and Wilcox Avenues or photo enforced traffic lights, to deter people from rushing this intersection and causing major accidents and fatalities.
Enough is enough!
Thank you.
Stella Barnakian
2205 West Lincoln Avenue
Montebello
323‐646‐2884
[email protected]
Sent from my iPhone
‐‐‐
1 Padilla, Angelina
From: Ricardo De La Torre <[email protected]> Sent: Wednesday, August 24, 2022 11:01 AM
To: comment, ccpublic
Subject: [External Email] CC Public Comment 8/24
It has become apparent now to the community at large, that a resident who presents himself as an enlightened one on subjects far ranging and wide, has he himself committed an atrocity. An atrocity so grave and carried out with such vigor and impunity that it casts doubt and shadow upon the many revelations he has so frequently and carelessly carried out. This resident, is, of course, Will Cervera, who by the virtue of his own hands and mind and body has committed the atrocity of attempted murder - one that sharply violates not only the earthly laws upon which he is bound, but also the spiritual code of mankind that we must all withhold.
1 John 3:15 declares, “Whosoever hateth his brother is a murderer: and ye know that no murderer hath eternal life abiding in him.” The Old and New Testament speak of several unforgivable sins, the most potent of which is the human act of spilling another’s blood by one’s own hands - an act so devious that even an attempt shall be punished with eternal damnation in the eyes of the Lord.
It is not in the power of mortal man to enact the ultimate vengeance or carry out upon other mortal men acts only the Lord can enact. Council, I request you to take up your own personal cross and act as servant leaders guiding with fresh eyes, pure hearts and kind minds - cast aside such shadows as Will Cervera, impugn his frequent statements as he himself has committed atrocity. David and Scarlett, in particular, your connection to such an eternally damned man should cause grave concern - your path forward now relies upon your cleansing of evil and casting aside shadow.
Come into the light.
Remember, Council, as Revelations 21:8 illuminates us similarly of the ramifications - they are eternal. “But the fearful, and unbelieving, and the abominable, and murderers, and whoremongers, and sorcerers and idolaters, and all liars, shall have their part in the lake which burneth with fire and brimstone, which is the second death.”
Anonymous
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***
1 Padilla, Angelina
From: Jesse Perez <[email protected]>
Sent: Wednesday, August 24, 2022 11:22 AM
To: comment, ccpublic
Subject: [External Email] Council Comment August 24 2022 William Paul Cervera Jr also known as Will Cervera also known as “The Montebello Bullshitter” who professes to know and understand everything in the City and beyond and loves to pontificate as such, but only knows enough to be dangerous, and hostile with anger issues hating on Montebello leaders, some Councilmembers, and Community Members. This is the same man who has a felony in Orange County California of assault with force to produce great bodily harm. He pleaded down from attempted murder. He tried to murder his girlfriend.
But, there’s a second count besides attempted murder brought against Slick Willy. Another felony - he willfully and unlawfully committed an assault upon his girlfriend by means of force likely to produce great bodily injury. Yes, that means he meant to kill her.
That’s the same Will Cervera that’s running loose in our Montebello community who admitted in writing and pleaded guilty to such charges. But here’s what’s worse…Slick Willy’s sidekick Councilmember David Torres was recently found to be harassing City staff members including departmental leaders. What’s next for Angry Dave and his harassment of City employees?
We’ve been told through credible sources that Angry Dave was forced to resign from the Los Angeles City Attorney’s office to avoid prosecution. Imagine actually having to resign from the City of Los Angeles. Christ, how bad do you have to be to leave a kush government job or be prosecuted. We can’t even remove homeless from public streets - imagine the cockroaches of government having to be removed from their seats! That’s pretty low, even by Angry Dave’s standards.
Not Slick Willy Cervera low, but still, low. We think Angry Dave Torres should be transparent on his own issues, not just others, and have him authorize the City of Los Angeles to release his employment files. After all, why would a so-called vibrant young man be unemployed during the peak of his career? It doesn’t make any sense! Unless City Council is really that lucrative.
Councilmember Torres, disclose the information like you claim to nitpick and disclose everything else that comes across the dias.
Heaven help us if Slick Willy the failed killer and Angry Dave Torres teamed up together on Council now that Will’s girlfriend is running. Actually, heaven help his girlfriend if she loses. He’d probably kill her! Literally.
Anonymous
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***
1 Padilla, Angelina
From: Anna Estrada <[email protected]>
Sent: Wednesday, August 24, 2022 2:01 PM
To: comment, ccpublic; Bobadilla, Rene
Subject: [External Email] $353,000 missing
Good evening;
Honorable Mayor, Council and all others
I read today's headline in the Whittier Daily Newspaper about the $353,000.00 HUD money missing. Since Councilman Torres continues to attack and criticize the current City Manager Mr. Bobadilla and his staff, which are in fact the ones that found out our city was missing those funds.
Maybe he should show transparency and have his Step Father Richard Torres come before this Council and you Torres ask him what he did with the $353,000.00 missing. He was in fact the City Administrator then, and may I add no wonder you Torres are so disrespectful and treat the staff so horrible, your Step Dad did the same thing to employees back when he was running the city finances.
Thank you Mr. Bobadilla and your staff, please ignore the morons on FB, just look at who they are? A Convicted felon charged with Attempted Murder of a Minor girl, he beat her so viciouly he broke her eyesocket, then went back to the concert. That is a very sick and dangerous man.
Please do not give Torres my email, I have no doubt he'd give to that man Cevera Convicted Felon.
Thank you,
Anna Estrada
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***
1 Padilla, Angelina
From: David J Gutierrez <[email protected]>
Sent: Wednesday, August 24, 2022 2:57 PM
To: comment, ccpublic
Subject: [External Email] AJimenez
Good evening Madame Mayor, Council, Chiefs and staff;
Tonight I would like to address Mayor Pro Tem Angie Jimenez, regarding the Restraining Order vs Will Cevera. If Cevera acted so aggressively in front of 100 plus people, what would you think he'd do to you if you had been alone? I would suggest you take that case file of Convicted Felon found guilty of Attempted Murder of a minor Jane Doe.
No Court would ever deny you protection from that convicted Felon, anyone that believes him is ignorant.
Reading the report it says Will Paul Cevera Jr. has `` Borderline personality Disorder" which is a Psychotic personality. After he beat that poor young girl he cleaned up and went back to the concert, eye witnesses reported him 99% sure it was him.
Report states he beat the minor so severely he broke her orbital bone, which means he hit so hard he broke her eye socket, and strangled her till he thought she was dead. When Paramedics found her she was lifeless, If that was your child would you still believe him?
I saw on FB his ridiculous video, hey moron they did not need DNA when they had 3 eye witnesses plus the young girl.
Mayor Pro Tem have the Sheriffs do a criminal background check on him. My bet is he has more. Bet with his drunken temper he's beaten his girlfriend too.
Also I am not Torres' Grandfather the Pedofile that raped an 8 year old child for the record. We unfortunately have the same name.
Sincerely,
David J Gutierrez
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***
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.
---
***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
---
***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.
---
***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.
---
***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
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***
CITY OF MONTEBELLO
CITY COUNCIL AND PUBLIC FINANCING AUTHORITY
JOINT REGULAR MEETING
MINUTES
WEDNESDAY, SEPTEMBER 14, 2022 AT 5:00 PM
CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD
MONTEBELLO, CALIFORNIA
OPENING CEREMONIES
CALL TO ORDER
Mayor Cobos-Cawthorne called the meeting to order at 5:06 p.m.
ROLL CALL
Members present were Mayor/Chairperson Cobos-Cawthorne, Mayor Pro Tem Jimenez/Vice Chairperson, Councilmember/Member Peralta, Councilmember/Member Melendez, and Councilmember/Member Torres. City Clerk/Board Secretary Jimenez and 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, Records Coordinator Angelina Padilla, and all Department Managers were present.
PUBLIC COMMENTS FOR CLOSED SESSION ITEMS
At this time, the general public may address the City Council/PFA on Closed Session Items. Please be aware that the maximum time allotted for members of the public to speak on Closed Session Items shall not exceed three (3) minutes per person. State Law prohibits the City Council/PFA 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.
None.
September 14, 2022: City Council and Public Financing Authority Meeting Minutes
CLOSED SESSION 5:00 P.M.
The City Attorney shall provide a briefing on the item listed for Closed Session as follows:
Item 2a-c. was added to the agenda as a subsequent need matter pursuant to Government Code Section 54954.2(b). It was motioned by Councilmember Melendez, seconded by Councilmember Torres that the item be added; the motion was approved unanimously.
Mayor Cobos-Cawthorne recessed the meeting into Closed Session at 5:110 p.m. to consider the following Closed Session items, including the added 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)(4)
One Matter Related to Montebello Armory, 244 George Hensel Drive Walk on Item
2.a-c CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Government Code Section 54954.2(b)
Several employee claims filed against the City, City Council and Councilmember Torres
REGULAR SESSION NO LATER THAN 6:00 P.M.
CLOSED SESSION REPORT
Mayor Cobos-Cawthorne reconvened the meeting at 6:05 pm. During Closed Session the City Council received a briefing on Item No. 1. direction was provided, no action taken; nothing to report. The City Council received a briefing on Item No. 2, direction was provided, no action taken; nothing to report. The City Council received a briefing on Item No. 2a-c, no action was taken and Councilmember Torres was not in attendance during the briefing.
INVOCATION
Eric Crespo, Principal at Cantwell-Sacred Heart of Mary High School
PLEDGE OF ALLEGIANCE
Arturo Ponce, Veteran
CORRECTIONS TO THE AGENDA CITY MANAGER
City Manager announced the following: Item No. 19 the Approval of Minutes was updated, a handout was provided to Council and the Public.
CEREMONIAL/PRESENTATIONS
September 14, 2022: City Council and Public Financing Authority Meeting Minutes
3. RECOGNITION OF CITIZEN OF THE MONTH - GARY MENDIBLES This item was postponed to a future meeting.
4. RECOGNITION OF 2022 HELEN PUTNAM AWARD FOR EXCELLENCE - LEAGUE OF CITIES Presented by Kristine Guerrero from Cal Cities
5. RECOGNITION OF SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS TINY HOMES Presented by Mayor Cobos-Cawthorne
6. RECOGNITION OF MONTEBELLO COMMUNITY ASSISTANCE PROGRAM (MCAP) LANDLORDS FOR
ASSISTANCE WITH MCAP CLIENTS
Presented by Mayor Cobos-Cawthorne
7. RECOGNITION OF NATIONAL HISPANIC HERITAGE MONTH
Presented by Mayor Cobos-Cawthorne
8. RECOGNITION OF NATIONAL PREPAREDNESS MONTH
Presented by Mayor Cobos-Cawthorne
9. 2022 FIREWORK RESPONSE PRESENTATION
Presented by Fire Chief Pelaez, Police Chief Espinosa, and Fire Prevention Captain Gary Robinson.
Councilmembers discussed this item; Mayor Cobos-Cawthorne directed staff to look into getting rid of Safe and Sane fireworks and suggested non-profits could have opportunities to raise money at City Events or be given a monetary donation. City Manager suggested a formation of an Ad Hoc for more dialogue on this topic. Mayor Cobos-Cawthorne motioned to create a Fireworks Ad Hoc; Mayor Pro Tem Jimenez motioned, seconded by Councilmember Peralta; the motion was approved unanimously.
Councilmember Torres motioned for Councilmember Melendez and Councilmember Peralta to serve on the Fireworks Ad Hoc, seconded by Councilmember Peralta. Mayor Pro Tem Jimenez made a substitute motion to elect Mayor Cobos- Cawthorne and Councilmember Melendez to serve on the Fireworks Ad Hoc; the motion was approved by the following vote:
MOVED: Jimenez SECONDED: Cobos-Cawthorne APPROVED: 3-2-0-0 AYES: Cobos-Cawthorne, Melendez, Jimenez
NOES: Torres, Peralta
ABSTAIN: None
ABSENT: None
PUBLIC COMMENTS ON NON-AGENDA AND AGENDA ITEMS (30 MINUTES) At this time, the general public may address the City Council/PFA 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) minutes per speaker.
State Law prohibits the City Council/PFA 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.
September 14, 2022: City Council and Public Financing Authority Meeting Minutes
The City Clerk’s Office acknowledged six (6) written public comments submitted to the City’s public comment email address. Said comments are on file at the City Clerk’s office. Seven (7) Speaker Cards were submitted by 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.
STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST
Director Sosnowski made a few announcements on upcoming City events, which included the Montebello Volunteer program holding a City Service Saturday event on September 24, 2022 at Montebello City Park and the Thursday Farmer's Market running through October.
PUBLIC HEARING
10. PUBLIC HEARING FOR ASSEMBLY BILL 481 ADOPTION OF MILITARY EQUIPMENT USE POLICY
RECOMMENDATION: It is recommended that the City Council:
1) Conduct a Public Hearing regarding adoption of the City of Montebello's Military Equipment Use Policy in compliance with Assembly Bill 481 (“AB 481”); and
2) Take such additional, related, action that may be desirable.
Mayor Cobos-Cawthorne opened the Public Hearing at 7:56 p.m. No presentation was made, no public comments. Mayor Cobos-Cawthorne closed the Public Hearing at 7:56 p.m.
Councilmember Torres asked that his comments made on this item during the August 24, 2022 Council Meeting be reflected in these meeting's minutes. Mayor Cobos-Cawthorne also asked that her previous comments on this item during the August 24, 2022 Council Meeting also be reflected in these meeting's minutes also.
Councilmember Melendez motioned to approve this item, seconded by Councilmember Peralta.
MOVED: Melendez SECONDED: Peralta APPROVED: 4-1-0-0 AYES: Jimenez, Peralta, Melendez, Cobos-Cawthorne
NOES: Torres
ABSTAIN: None
ABSENT: None
11. ADOPT RESOLUTION NO. 22-78 APPROVING THE FISCAL YEAR 2021-22 CONSOLIDATED ANNUAL
PERFORMANCE AND EVALUATION REPORT (CAPER)
RECOMMENDATION: It is recommended that the City Council conduct a Public Hearing and consider the following:
1) Adopt a Resolution approving the Fiscal Year 2021-22 draft Consolidated Annual Performance and Evaluation Report (CAPER); and
2) Approve the use of $40,207 in unspent CDBG funds from 2015 towards the annual payment of the City's outstanding Section 108 loan amount; and
September 14, 2022: City Council and Public Financing Authority Meeting Minutes
3) Take such additional, related action that may be desirable.
Mayor Cobos-Cawthorne opened the Public Hearing at 7:59 p.m. No presentation was made, no public comments. Mayor Cobos-Cawthorne closed the Public Hearing at 7:59 p.m.
Councilmember Torres asked clarifying questions regarding shortfalls in the Report and what accounted for these shortfalls. Director Palombi addressed these questions and stated that he would provide a report to the City Manager.
Councilmember Torres asked further clarifying questions regarding what type of housing does MCAP identify as the most urgent, if pallet shelters are considered affordable housing, and how many residents are housed at Operation Stay Safe.
Councilmember Torres proceeded to ask how many vouchers the City receives for Section 8 affordable housing and also what kind of services are in the MCAP program. City Manager Bobadilla, Director Palombi, and Assistant Director Angelica Palmeros addressed these questions.
Councilmember Peralta asked clarifying questions regarding the process in how applicants are picked, if advertisements are made for these programs, if these funds expire, and how the timeline of the amendment of the Housing Rights Center agreement would work. Director Palombi addressed her questions. Councilmember Peralta also asked if there's an opportunity for the Council to provide input on how the funds are allocated. City Manager Bobadilla noted that staff could look into this.
Mayor Cobos-Cawthorne commended Staff for addressing the missing monies from years ago and not brushing it under the rug.
Councilmemeber Melendez motioned to approve this item, seconded by Councilmember Peralta; the motion was approved unanimously.
12. ADOPT RESOLUTION NO. 22-80 OF THE CITY COUNCIL AND RESOLUTION NO. 22-02 OF THE PUBLIC
FINANCING AUTHORITY AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS AND CERTIFICATES IN CONNECTION WITH THE ISSUANCE OF SERIES 2022A LEASE REVENUE BONDS,
APPROVING THE ISSUANCE OF SUCH BONDS, AUTHORIZING THE DISTRIBUTION OF AN OFFICIAL
STATEMENT IN CONNECTION WITH THE SALE OF SUCH BONDS, AND AUTHORIZING RELATED
ACTIONS
RECOMMENDATION: It is recommended that the City Council and Public Financing Authority:
1) Hold a Public Hearing with respect to the issuance of the Series 2022A Lease Revenue Bonds (“2022A Bonds”); and
2) City Council adopt a Resolution Authorizing the Execution and Delivery of a First Amendment to the Site and Facility Lease, a Third Amendment to Lease Agreement, a Continuing Disclosure Certificate, and a Bond Purchase Agreement in Connection with the Issuance by the Montebello Public Financing Authority of Lease Revenue Bonds, Approving the Issuance of Such Bonds in One or More Series in an Aggregate Principal Amount Not to Exceed $16,500,000, Authorizing the Distribution of an Official Statement in Connection with the Offering and Sale of Such Bonds, and Authorizing the Execution of Necessary Documents and Certificates and Related Actions; and
3) Montebello Public Financing Authority adopt a Resolution Authorizing the Execution and Delivery of a First Amendment to the Site and Facility Lease, a Third Amendment to Lease Agreement, a Third Supplemental Indenture, a First Amendment to Assignment Agreement, and a Bond Purchase Agreement in Connection with the Issuance of the Montebello Public Financing Authority Lease Revenue Bonds, Approving the Issuance of Such Bonds in One or More Series in an Aggregate Principal Amount Not to Exceed $16,500,000, Authorizing the Distribution of an Official Statement in Connection with the Offering and Sale of Such Bonds, and Authorizing the Execution of Necessary Documents and Certificates and Related Actions.
Director Solorza provided the City Council with a presentation on this item and was available to answer any questions.
September 14, 2022: City Council and Public Financing Authority Meeting Minutes
Mayor Pro Tem Jimenez commended Director Solorza.
Councilmember Torres asked clarifying questions regarding the "Summary of Transaction" slide on Director Solorza's presentation, asked if the annual debt service for Top Golf would be secured by the lease payments for Top Golf, Director Solorza addressed these questions and City Attorney Cardinale provided clarification also.
Councilmember Melendez thanked Director Solorza, and asked when this would go to the market. Director Solorza gave a September 29, 2022 date and said that it would go into the market then or shortly thereafter.
Councilmember Peralta asked clarifying questions regarding the facility lease portion of the bonds, since it would be using 2 facilities from previous bonds that will now be released - what is the potential timeline for these assets to be released after the issuance of these bonds, Councilmember Peralta proceeded to ask clarifying questions in regards to the bonds/bond insurance. Director Solorza addressed these questions along with Vanessa, special Counsel for Bond Insurance from Stadling Yocca Carlson & Rauth.
Mayor Cobos-Cawthorne thanked Director Solorza, asked to view page 6 of the slide presentation which goes over the audit. Mayor Cobos-Cawthorne thanked the residents who traveled to Sacramento and spoke in front of the JLAC committee and asked for an audit, expressed that this is the last item on the audit that needs to be addressed to get Montebello off the naughty list.
Mayor Cobos Cawthorne opened the Public Hearing at 8:44 p.m. The City Clerks Office acknowledged seven (7) members of the public wishing to address the City Council in opposition of this Public Hearing. The City Clerk office acknowledged one (1) member of the public wishing to address the council in support of this Public Hearing.
Mayor Pro Tem Jimenez/Vice Chairperson motioned to approve this item, seconded by Councilmember/Member Melendez; the motion was approved unanimously.
13. PUBLIC HEARING APPROVING AN ENERGY SERVICES CONTRACT WITH ALLIANCE BUILDING SOLUTIONS, INC.
NOTE: This Public Hearing will be continued to the City Council Meeting of September 28, 2022 or at a date thereafter as determined by the City Council.
The motion was made by Mayor Pro Tem Jimenez and seconded by Councilmember Melendez to move this Public Hearing to be continued to a future meeting; the motion was approved unanimously.
CONSENT CALENDAR
All matters listed under 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.
Councilmember Torres pulled Item No. 15, both Councilmember Torres and Peralta pulled Item No. 17, and Mayor Cobos- Cawthorne pulled Item No. 16. Mayor Pro Tem Jimenez motioned, seconded by Councilmember Peralta, that Item No’s. 14,18,19, be approved; the motion was approved unanimously.
14. APPROVAL OF MEMORANDUM OF UNDERSTANDING NO. 22-22 BETWEEN THE CITY OF MONTEBELLO
AND THE MONTEBELLO UNIFIED SCHOOL DISTRICT, APPROVING AN AGREEMENT TO SHARE
COMMUNICATION PLATFORMS
RECOMMENDATION: It is recommended that the City Council:
1) Approve a Memorandum of Understanding to share communication platforms with Montebello Unified School District (MUSD), and
2) Authorize the City Manager to execute the agreement.
September 14, 2022: City Council and Public Financing Authority Meeting Minutes
15. ADOPT RESOLUTION NO. 22-76 - DECLARATION OF EXEMPT SURPLUS LAND OF CITY-OWNED PROPERTY LOCATED AT 5055 PASSONS BOULEVARD (LOS ANGELES COUNTY ASSESSOR'S PARCEL NO. 6377-007-270)
RECOMMENDATION: It is recommended that the City Council:
1) Adopt Resolution No. 22-76 (Attachment A) to formally declare the property located at 5055 Passons Boulevard as exempt surplus land; and
2) Take such additional, related, action that may be desirable.
Councilmember Torres made a general comment that he is against the sale of City assets.
Motioned by Councilmember Torres, seconded by Councilmember Melendez; the motion was approved by the following vote:
MOVED: Torres SECONDED: Melendez APPROVED: 4-1-0-0
AYES: Jimenez, Peralta, Melendez, Cobos-Cawthorne
NOES: Torres
ABSTAIN: None
ABSENT: None
16. ADOPT RESOLUTION NO. 22-77 APPROVING SIGN LEASE AGREEMENT NO. 4026 FOR THE PROPOSED DIGITAL SIGN FOR THE PROPERTY LOCATED AT 315 N. GARFIELD AVENUE AND AUTHORIZING THE
CITY MANAGER TO EXECUTE THE SIGN LEASE AGREEMENT
RECOMMENDATION: It is recommended that the City Council:
1) Approve Sign Lease Agreement No. 4026 between The Archdiocese of Los Angeles Education and Welfare Corporation and Cantwell-Sacred Heart of Mary High School, and the City of Montebello for the property located at 315 N. Garfield Avenue; and
2) Authorize the City Manager to execute the Sign Lease Agreement for usage of a proposed digital sign at 315 N. Garfield Avenue; and
3) Take such additional, related, action that may be desirable.
Mayor Cobos-Cawthorne stated her support for this item. It was motioned by Mayor Cobos-Cawthorne, seconded by Councilmember Peralta; the motion was approved unanimously.
17. SECOND READING AND ADOPTION OF ORDINANCE NO. 2452 UPDATING MONTEBELLO MUNICIPAL CODE CHAPTER 2.16 – DIRECTOR OF FINANCE
RECOMMENDATION: It is recommended that the City Council:
1) Waive Second Reading and adopt Ordinance No. 2452 Amending Montebello Municipal Code Chapter
2.16.020 – Director of Finance, Powers and Duties; and
2) Take such additional, related action(s) that may be desirable.
September 14, 2022: City Council and Public Financing Authority Meeting Minutes
Councilmember Torres asked that his comments from the August 24, 2022 City Council meeting be reflected onto these minutes.
Councilmember Peralta made a motion to approve this item only if it does not remove the language "obligation for council to receive a monthly statement of receipt and disbursements in sufficient detail to show the exact financial condition of the city; and, as of the end of each fiscal year, submit a complete financial statement and report"; City Attorney Cardinale modified the motion slightly for procedural purposes; the motion is to direct staff to amend the Ordinance as stated and bring this item back for a first reading, Councilmember Torres seconded; motion was approved unanimously.
Mayor Pro Tem Jimenez made a motion to bring this item back for reconsideration on the basis that she was unsure what the original motion was, seconded by Councilmember Melendez. City Attorney Cardinale cited Rosenberg's Rules of Order; the motion was approved unanimously.
Mayor Pro Tem Jimenez made the motion to approve the item as stated, seconded by Councilmember Melendez. The motion was approved by the following vote:
MOVED: Jimenez SECONDED: Melendez APPROVED: 3-2-0-0
AYES: Jimenez, Melendez, Cobos-Cawthorne
NOES: Torres, Peralta
ABSTAIN: None
ABSENT: None
Councilmember Peralta stated her opposition to this item being approved.
18. PAYMENT OF BILLS: ADOPT RESOLUTION NO. 22-75 APPROVING THE CITY WARRANT REGISTER OF DEMAND DATED SEPTEMBER 14, 2022
RECOMMENDATION: It is recommended that the City Council:
1) Adopt Resolution No. 22-75 approving the Warrant Register dated September 14, 2022.
19. APPROVAL OF CITY COUNCIL MINUTES – MAY 3, 2022, SPECIAL MEETING; JUNE 1, 2022, ADJOURNED MEETING, AND JUNE 8, 2022, REGULAR MEETING.
RECOMMENDATION: It is recommended that the City Council:
1) Approve said minutes as written.
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).
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.
September 14, 2022: City Council and Public Financing Authority Meeting Minutes
• Angie M. Jimenez, Mayor Pro Tem
1) Ask for Council Consensus to direct staff to reach out to Southern California Edison to assist with the street lights in the southern part of Montebello.
2) Ask for Council Consensus to direct staff to look into working with the appropriate agencies for pedestrian safety for the intersection at Whittier Boulevard and 6th Street, in the downtown area. 3) Latino Heritage Month - ask for Council Consensus to direct staff to honor Montebello home grown, world class artist Yolanda Gonzales, and up and coming Francisco Palomares for their contributions to the Arts.
Mayor Pro Tem Jimenez requested consensus on Items 1,2, and 3. Consensus was received on all items.
• David N. Torres, Councilmember
1) Request for Council consensus for a presentation on Bicycle Master Plan implementation. 2) Request for Council consensus to update the water system map. 3) Concerns about public comments exceeding 3 minute allotment by using multiple email addresses; request to create measures to ensure fairness and prevent abuse. 4) Public safety concerns from businesses along the Whittier Blvd. corridor. 5) Follow-up on 45-day moratorium regarding warehouses and commercial trucking study.
Councilmember Torres requested consensus on Item No. 1 to direct staff to comeback with a presentation on the Bicycle Master Plan, received consensus. Asked for Council consensus for Item No. 2, staff was given direction; consensus was not needed. Requested Council consensus for Item No. 3 to direct staff to look into technology and return a report on its feasibility; received consensus 3-2.
• Salvador Melendez, Councilmember
• Scarlet Peralta, Councilmember
1) Discussion and action regarding drought conditions, water regulations and improving communications among the five water companies in Montebello to increase information for our residents. 2) Discussion on traffic & safety related concerns.
3) Request for information regarding Exit 6A Findlay Avenue and the removal of K Rails.
Councilmember Peralta asked for consensus on Item No. 1; received consensus. Requested consensus for Item No. 2 to direct staff to bring forward more formal solutions to help address the dangerous and persistent accidents that are happening on that street/intersection (Lincoln & Wilcox) - City Manager stated they did not need direction/consensus as Staff is aware of this issue and are currently working on this. Requested memo for Item No. 3, City Manager and Director Enriquez were able to address questions/concerns.
• Kimberly A. Cobos-Cawthorne, Mayor
ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on September 28, 2022 at 5:00 p.m. which can be live streamed at
September 14, 2022: City Council and Public Financing Authority Meeting Minutes
www.cityofmontebello.com (Click on Live Stream). I, Alicia Fernandez, Senior Deputy City Clerk for the City of Montebello hereby certify that a copy of this agenda has been posted on or before Sunday, September 11, 2022 at 5:00 p.m.
Alicia Fernandez, Senior Deputy City Clerk
Mayor Cobos-Cawthorne adjourned in memory of over the 100 lives that were lost during an attack on Armenia. Mayor Pro Tem Jimenez motioned to adjourn the meeting at 10:23 p.m.
THE MINUTES OF SEPTEMBER 14, 2022 ARE HEREBY APPROVED AND ADOPTED ON THIS 16TH DAY OF NOVEMBER 2022.
AGENDA & NON-AGENDA
SPEAKER CARDS
AGENDA & NON-AGENDA
COMMENTS
1 Caltitla, Zoraida
From: Miguel Espinoza <[email protected]>
Sent: Tuesday, September 13, 2022 6:17 PM
To: comment, ccpublic
Subject: [External Email] Sep 14 Council Comment
Follow Up Flag: Follow up
Flag Status: Flagged
Greetings Council,
My name is Miguel Espinoza and I am deeply concerned about the state of our City with regards to election. Even for Montebello, this is an unfortunate new low — we have two candidates: one in District 1 and one District 5 — both of whom are being controlled and supported by FELONS — no im not talking about Will Cervera — but rather the felon and former City Councilmember Robert Urteaga — the man who was so bad for Montebello recalled and physically removed from his seat due to utter seediness. Mr. Urteaga is a man tied into the underworld of East Los Angeles, a man who thrives and benefits on the backs of the working class and received a felony for having done so. Then, there’s former Councilmember, Christina Cortez.
Ah, Christina Cortez, the woman who is married to a felon herself, for dealing drugs. Imagine how filthy you have to be to get a felony for dealing drugs. And Christina had this happen while she was in office. Nothing like a hit of heroin and City politics during the nightly pillow talk.
So Robert Urteaga and Christina Cortez, one a felon, one married to a felon, are teaming up to support Georgina in District One, who was recently spotted walking the District in tow with new homeowner Scarlett and unemployed Angry Dave Torres. What a trio! They’re also behind Rick Alonzo in District 5. Rick seems like a nice guy, why is he getting involved with these felons.
Oh, he wants to be the marionette for David and Scarlett in exchange for achieving his dream of holding the powerful seat.
This is a problem. Shadowy figures like Robert Urteaga and Christina Cortez will always exist. But we used to scorn these individuals as the scum of society and essentially blackball them from public life. Now, they work in the shadows and control current councilmembers looking to gain new seats to control the entirety of Council. It’s very unfortunate. Georgina and Rick, have a little pride and realize the people you associate yourselves with reflect upon you. In this case, your association with felons reflects very poorly.
Miguel Espinoza
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***
1 Caltitla, Zoraida
From: Vicente Calderon <[email protected]>
Sent: Tuesday, September 13, 2022 6:20 PM
To: comment, ccpublic
Subject: [External Email] Montebello City Council Public Comment Follow Up Flag: Follow up
Flag Status: Flagged
Dear Councilmembers,
I write to you tonight with great turmoil personally. You see, I don’t like to speak ill of others, I choose to see the greater good that exists within all of us — but my conflict lies with the simple fact that a Councilmember currently has betrayed their consistent claims of transparency by not sharing the facts. This Councilmember masquerades transparency for all as really - transparency for all but me. Why is it the loudest promotes of transparency and decency, the ones who talk about it the most, are always the ones that they themselves have something to hide?
Here’s the sad part: everyone knows, without me having said anything, who this Councilmember already is. Think about it for a moment longer. You already know. Don’t you?
David, be transparent and stop hiding. Release why you left the City of Los Angeles. The silence and lack of transparency on the matter makes everyone believe you committed further harassment and were forced out. This is not only unbefitting for a Councilmember, but also unbefitting for a human in general. It leads one to believe its a pattern. Otherwise, why would a young man in the vibrant peak of his career, just up and leave his job for months and months on end. It makes no sense. We deserve to hear the truth.
David, share why. Release your records. Let the truth be known and transparent for all to see. If you don’t sign a release to allow the LA office to release your disciplinary, resignation and or termination documentation, you must have something to hide. Release the records, or else everyone will assume and know you have something to hide, David!
Thank you.
Vicente Calderon
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***
1 Caltitla, Zoraida
From: Salazar, Arlene
Sent: Wednesday, September 14, 2022 9:23 AM
To: Padilla, Angelina; Fernandez, Alicia; Guillen, Kimberly (Admin) Subject: FW: [External Email] My support for TopGolf PUBLIC COMMENT
From: Cobos-Cawthorne, Kimberly Ann
Sent: Tuesday, September 13, 2022 10:18 PM
To: Bobadilla, Rene
Cc: Salazar, Arlene
Subject: Fwd: [External Email] My support for TopGolf
Please enter into public record for comment
Sent from my iPhone
Begin forwarded message:
From: Joshua Sgroi <[email protected]>
Date: September 13, 2022 at 10:00:21 PM PDT
To: "Cobos-Cawthorne, Kimberly Ann" <[email protected]> Subject: [External Email] My support for TopGolf
Hello, I am a resident of Montebello and I am for TopGolf coming to Montebello.
I've basically passed by that golf course for the majority of my life and that place is always empty. It costs more to run than it does in a day. We need change and to bring in something that brings in crowds all over LA County. I've been to 2 separate ones and they're always packed.
With the new houses being built, they're going to want high end places, and TopGolf is a guarantee to bring in money for the city. We need to do the right thing and look towards the future to help our city grow.
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***
1 Caltitla, Zoraida
From: Robert Hernandez <[email protected]> Sent: Wednesday, September 14, 2022 2:18 PM
To: comment, ccpublic
Subject: [External Email] This public comment is to be read on the record At the last council meeting, I submitted a public comment addressing councilwoman Peralta and her recent purchase of a home in Montebello. The councilwoman responded to my letter and attempted to state that she is an immigrant and Latina pursuing the American Dream. Although I commend her perseverance, I want the councilwoman to understand that she isn’t the only immigrant and Latina to purchase a home and that many have purchased homes after years of hard work and saving, not questionable home purchasing habits. While her statement was a great attempt to deflect, the real issue isn’t the “townhouse” councilwoman Peralta, the issue is how you acquired the funding to purchase a home that is worth almost $700,000. I understand that you stated that you and your mother had saved the money for a downpayment, and although commendable, it would be nearly impossible to save that amount based on the limited wages you received in previous years and the fact that you were unemployed in 2020. To qualify for a FHA loan, you would have to show a minimum of 2 years of employment and an income that could sustain a mortgage payment on a $700,000 home (once again, the cost of the home is the issue, not the “townhouse”). How could you show 2 years of consistent employment if you were unemployed, according to a New York Times article? How could you save for the downpayment if you were unemployed and according to the NYT article, you were struggling to cover your basic expenses? Who has money to set aside when they can barely cover the most basic of bills? There are so many red flags and I would like to remind you that many elected officials have faced charges and time in prison for purchasing lavish things while in office (later to discover they solicited money from parties wanting to do business in their city). Could the money have come from the former Mayor Christina Cortez and her friends in the cannibis industry? Could that money have trickled down to you in exchange for a favorable vote in the future? I will patiently wait for your response that has mostly likely been drafted by Julian and Dillon. What will they say? Will they try to share an inspiring story? Your smoke and mirrors show is over. Time will tell and if and when that does occur, the Department of Justice is usually right around the corner.
In the previous meeting, you stated that you want to be transparent so here is what you need to share: (1) Tax returns from 2018, 2019, 2020, and 2021; (2) Bank Statements from 2018, 2019, 2020, and 2021 that show that you had the downpayment saved in your account; (3) Mortgage documents; (4) Tax returns for your LLC and any deposits made; (5) Your client list for your LLC.
Or, should I address these questions to Christina Cortez? It probably isn’t wise to accept advice from a convicted drug dealer’s wife, I mean, she didn’t know he was selling drugs, right? She might have told you it was ok to accept cash to purchase your home, but remember, she won’t be the one sitting in a jail cell. Money laundering and pay to play are not jokes.
-R.H
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***
1 Caltitla, Zoraida
From: Miguel Cervera <[email protected]>
Sent: Wednesday, September 14, 2022 2:23 PM
To: comment, ccpublic
Subject: [External Email] Public Comment, Read on the Record I'd like to exercise my 1st Amendment right and please read this message, in its entirety. Mr. City Attorney, please do not summarize my public comment, I want the comment to be read as I have written it. I would prefer to have someone else, other than the city attorney, read the public comment because this comment is too important to have words fumbled and omitted.
I am appalled by the normalization of domestic violence that has been practiced by members of our community and members of the City Council. Will Cervera is a violent criminal, a woman-beater, who has terrorized residents in Montebello for years. He beat his girlfriend to the point of near death and members of our community fail to acknowledge his actions and refuse to condemn them. The “You Know You’re From Montebello” group on Facebook has been used as a platform by woman-beater Will Cervera to attempt to spin the story and make him the victim of a failed criminal justice system. Will, you were not the victim, your girlfriend was and you admitted it. In his own words, “I offer the following facts as the basis for my guilty plea: In Orange County, California, I committed an assault on the victim and she suffered great bodily injury”. Will, what type of monster are you? You sit at the council meetings, not bothered by the actions you have taken and you smile and sit comfortably as the words are read. You exhibit the behaviors of a habitual abuser and this is disgusting. Is your level of comfort and lack of remorse and shame encouraged by the support you receive from the idiot, David John Sanchez and his foolish wife, Dr. Pattie Soltero Sanchez on Facebook and within your Facebook circle of friends? Dr. Pattie, you are a nurse and I am sure you have seen instances of domestic violence before, how can you support Will Cervera when the evidence shows that he is a monster? Shame on you and your husband. Also, Yvette “I support law enforcement” Fimbres, a Personnel Commissioner for MUSD, has shared her support for Will Cevera, a woman-beater, and his violent behaviors.
Shame on you, you are an embarrassment to MUSD and the Office of the Superintendent of Public Instruction. Yvette, have you noticed that Will Cervera has made it a point to constantly criticize and demean our police department? I wonder why and I wonder if it is related to his two arrests for domestic violence (2014 and 2016) and his 2018 arrest? This is the person you support, a criminal, a delinquent, a woman-beater! Does Christina “I am the boss” Cortez support Will Cervera, the woman-beater, too? Oh wait, she is a disgraced former Mayor and the wife of a convicted drug dealer so this probably doesn’t bother her. The amount of support for Will Cervera and his woman-beating ways is alarming and scary. Shame on all of you for supporting this monster.
Now, to city council. I am appalled and saddened by the lack of condemnation exhibited by our city’s leaders. Where is the support for victims of domestic violence? Why is Will Cervera, the woman-beater, allowed to attend council meetings? He is a violent criminal who has beat his own girlfriend to the point of near death. His actions need to be condemned publicly.
With a heavy heart,
Miguel
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***
1 Caltitla, Zoraida
From: Martin Arcos <[email protected]>
Sent: Wednesday, September 14, 2022 2:44 PM
To: comment, ccpublic
Subject: [External Email] FRAUD
Good evening City Council, honorable Mayor;
I am writing regarding a fraudulent flyer sent out by Councilman Torres, in the flyer he's taking credit for fixing the streets, sales tax measure H, fireworks show, and street fair.
Point one you Torres voted twice against fixing our streets, the last time a resident went up to you and confronted why you voted against fixing streets in the South and your response was it's election time that's why they voted yes (Mayor and Pro Tem) at that meeting only you 3 were in attendance,( Mr. Melendez had Covid & Peralta was partying in Enseada) thank goodness both voted yes and our long-neglected streets are starting to be totally redone.
Point 2 You did not want the city to pursue putting Measure H on Ballot in February 2020. Thank God our Mayor along with off-duty Fire and Police, along with city personnel walked our city streets and won the trust of voters. Measure H has been a blessing we hear over and over how other cities are in financial troubles yet Montebello is solid.
Point 3 You Torres wanted to have the best Parks Director fired because you were upset Fireworks were announced by the City. You did nothing to bring the great Firework show back to Montebello but you wanted to take credit.
The last point the Street Fair, you did not attend, and please do not try and say you were ill then the very next week you were water rafting in Mexico. Again a huge thank you to our Parks Director David Sosnowski and his staff for the great job they continually do for the benefit of the residents.
Come this November Rafael Gutierrez will be elected and you Torres may not even finish your 4-year term, God willing.
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***
PUBLIC HEARING
ITEM NO. 12
SPEAKER CARDS
COMMENT RECEIVED
AFTER DEADLINE
1 Padilla, Angelina
From: Concerned Resident <[email protected]> Sent: Wednesday, September 14, 2022 4:09 PM
To: comment, ccpublic
Subject: [External Email] comment
Follow Up Flag: Follow up
Flag Status: Flagged
To City Council, thank you for reading my comment and please enter it into record.
At the previous council meeting, during the reading of the email comments, and against the city's attor Mayor Cathowrne Cobos abused her power to facilitate a platform, utilizing taxpayers money, to contin Cervera, a private citizen. The Mayor bullied her authority to allow several Anonymous speakers to inti towards a private resident. I've read in detail the court documents that were facilitated through, once a deny a tragic event occurred. However, the bottom line is that Mr. Cervera served his time. I don't follo wasting our time instead of conducting important city issues. STOP TRYING TO DEFLECT OUR ATTE THE REAL ISSUES OF OUR CITY.
The only thing I can conclude is that this person, Mr. Cervera, must be saying something true or attain resort to despicable tactics against a resident.
Need I remind you what your agenda states
page 1 in the city's agenda states:
Via Email: The public may also submit emailed comments via the City’s email address...... These comm the City Council/PFA and may not be read aloud but will be entered into the record of the proceedings the posted agenda or otherwise address matters/issues within the subject matter jurisdiction of the City
Thank you,
Concerned Resident
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***
CITY OF MONTEBELLO
CITY COUNCIL AND PUBLIC FINANCING AUTHORITY
JOINT REGULAR MEETING
MINUTES
WEDNESDAY, SEPTEMBER 28, 2022 AT 5:00 PM
CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD
MONTEBELLO, CALIFORNIA
OPENING CEREMONIES
CALL TO ORDER
Mayor Cobos-Cawthorne called the meeting to order at 5:09 p.m.
ROLL CALL
Members present were Mayor/Chairperson Cobos-Cawthorne, Mayor Pro Tem Jimenez/Vice Chairperson, Councilmember/Member Peralta, Councilmember/Member Melendez, and Councilmember/Member Torres. Treasurer Gutierrez was also present; City Clerk/Board Secretary Jimenez was absent.
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, Records Coordinator Angelina Padilla, and all Department Directors were present.
PUBLIC COMMENTS FOR CLOSED SESSION ITEMS
At this time, the general public may address the City Council/PFA on Closed Session Items. Please be aware that the maximum time allotted for members of the public to speak on Closed Session Items shall not exceed three (3) minutes per person. State Law prohibits the City Council/PFA 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.
There were no Closed Session public comments or speaker cards submitted.
CLOSED SESSION 5:00 P.M.
The City Attorney shall provide a briefing on the item listed for Closed Session as follows:
September 28, 2022: City Council and Public Financing Authority Meeting Minutes
Mayor Cobos-Cawthorne recessed the meeting into Closed Session at 5:11 pm. 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 REAL PROPERTY NEGOTIATORS
Government Code Section 54956.8
Property: 901 Via San Clemente, Montebello CA
Agency’s Negotiator: René Bobadilla, City Manager
Negotiating Party: Topgolf
Under Negotiation: Price and Terms
3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54957.9(d)(2)
Eight matters
4. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(d)(2)
One item related to Infrastructure Engineering
REGULAR SESSION NO LATER THAN 6:00 P.M.
CLOSED SESSION REPORT
Mayor Cobos-Cawthorne reconvened the meeting at 6:09 p.m. City Attorney Alvarez-Glasman provided the following report: the City Council received a briefing on Item No. 1 and there was no action taken and nothing to report; the City Council received a briefing on Item No. 2, no final action taken but there was action to review and take consideration related to the financing issues of the Topgolf project and it was mentioned that any future agreement will be brought back in open session at a future meeting; the City Council received a briefing on Item No. 3, no action was taken; the City Council received a briefing on Item No. 4, direction was provided but no action was taken.
INVOCATION
City Attorney Arnold Alvarez-Glasman led the City Council in the Invocation.
PLEDGE OF ALLEGIANCE
Director Nicholas Razo led the City Council in the Pledge of Allegiance.
CORRECTIONS TO THE AGENDA CITY MANAGER
September 28, 2022: City Council and Public Financing Authority Meeting Minutes
City Attorney Arnold Alvarez-Glasman pulled Item No. 13 as there were no items to present.
CEREMONIAL/PRESENTATIONS
None.
PUBLIC COMMENTS ON NON-AGENDA AND AGENDA ITEMS (30 MINUTES) At this time, the general public may address the City Council/PFA 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) minutes per speaker.
State Law prohibits the City Council/PFA 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.
The City Clerk’s Office acknowledged thirteen (13 ) written public comments submitted to the City’s public comment email address. Said comments are on file at the City Clerk’s office. Seven (7) speaker cards were submitted by 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.
STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST
Parks and Recreation Director Sosnowski provided a report to the City Council (Council) on the upcoming City activities and events: Farmer's Market scheduled on Thursday nights through October 27, 2022 from 5-9 p.m.; Heritage Festival scheduled on October 15th and 16th starting at 8:00 a.m., starting with a certified 5k and 10k run.; and the October 28- 29th Halloween festivities at Grant Rea Park. Director Sosnowski also provided the Council with an update on the golf course improvements fact sheet. City Manager Bobadilla provided the Council with an update regarding the State of the City event scheduled for October 20, 2022. Finance Director Solorza recognized the City for being awarded the GFOA Award for the third year in a row.
PUBLIC HEARING
5. ADOPT RESOLUTION NO 22-79 OF THE CITY COUNCIL AND RESOLUTION NO. 22-03 OF THE PUBLIC
FINANCING AUTHORITY AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS AND
CERTFICATES IN CONNECTION WITH THE ISSUANCE BY THE MONTEBELLO PUBLIC FINANCING AUTHORITY OF SERIES 2022B LEASE REVENUE BONDS, APPROVING THE ISSUANCE OF SUCH
BONDS, AUTHORIZING THE DISTRIBUTION OF AN OFFICIAL STATEMENT IN CONNECTION WITH THE
SALE OF SUCH BONDS, AND AUTHORIZING RELATED ACTIONS
It is recommended that the City Council and Public Financing Authority:
1) Hold a Public Hearing with respect to the issuance of the Series 2022B Lease Revenue Bonds (“2022B Bonds”); and
2) City Council adopt Resolution No. 22-79 Authorizing the Execution and Delivery of a Site Lease, Facility Lease, a Sublease, an Indenture, a Continuing Disclosure Certificate, and a Bond Purchase Agreement in Connection with the Issuance by the Montebello Public Financing Authority of Lease Revenue Bonds, Approving the Issuance of Such Bonds in One or More Series in an Aggregate Principal Amount of Not to Exceed $60,000,000, Authorizing the Distribution of an Official Statement in Connection with the Offering and Sale of Such Bonds, and Authorizing the Execution of Necessary Documents and Certificates and Related Actions; and
3) Montebello Public Financing Authority adopt Resolution No. 22-03 Authorizing the Execution and Delivery of a Site Lease, a Facility Lease, an Indenture, an Assignment Agreement, and a Bond Purchase Agreement in Connection with the Issuance by the Montebello Public Financing Authority of Lease Revenue Bonds, Approving
September 28, 2022: City Council and Public Financing Authority Meeting Minutes
the Issuance of Such Bonds in One or More Series in an Aggregate Principal Amount of Not to Exceed $60,000,000, Authorizing the Distribution of an Official Statement in Connection with the Offering and Sale of Such Bonds, and Authorizing the Execution of Necessary Documents and Certificates and Related Actions; and
4) Authorize the City Manager and/or his designee to take any other related actions necessary.
Mayor Cobos-Cawthorne opened the Public Hearing at 7:02 p.m.
Director Solorza provided a presentation to the City Council of an overview of the TopGolf facility, including: TopGolf typical venue; historical general fund subsidy of existing golf course; a decade of general fund subsidies; Synergy: Golf Course Improvement and TopGolf Montebello project and plans; issuing the bonds; summary of transaction estimates.
The City Clerk’s Office acknowledged six (6) 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.
Councilmember Torres commented regarding the general fund revenues and requested that City Council consider scheduling a study session, as part of the motion, to better explore his concerns. Councilmember Melendez also made comments regarding the general fund revenues. Councilmember Peralta asked a clarifying question regarding the bond insurance and initial fixed term of the lease, which were addressed by Director Solorza and City Attorney Chris Cardinale.
Mr. Cardinale further explained that as long as the lease is in place, TopGolf will own it, but when they walk away it returns to the City as a maintained and usable facility. Mayor Pro Tem Jimenez commended the staff for their effort and coordination of the project. Mayor Cobos-Cawthorne asked clarifying questions and commended the staff and the legal team for their efforts on this project.
Mayor Cobos-Cawthorne Closed the Public Hearing at 7:50 p.m.
Councilmember Torres motioned, seconded by Councilmember Peralta, that the item be approved as is and also added a study session; the motion passed unanimously. Mayor Pro Tem Jimenez requested clarification on the motion and retracted her vote on the basis that she was unclear about the motion she was voting on. City Manager Bobadilla clarified that having a study session would affect the deadline for this item; therefore, Councilmember Torres withdrew his motion.
Mayor Pro Tem Jimenez made a motion, seconded by Councilmember Melendez, to approve the item as is; the motion was passed unanimously by both the City Council and the Public Financing Authority.
REGULAR BUSINESS - NONE
CONSENT CALENDAR
All matters listed under 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.
Councilmember Torres pulled Item No’s. 6 and 7 for discussion. Councilmember Melendez motioned, seconded by Councilmember Torres, that Item No’s. 8-12 be approved; the motion passed unanimously.
6. MONTEBELLO MUNICIPAL GOLF COURSE RENOVATION PROJECT (CP NO. 894) – IRRIGATION PUMP
PURCHASE ORDER
It is recommended that the City Council:
1) By a four-fifths vote of the City Council, authorize the dispensing of a formal bidding procedure for the purchase of the irrigation pump station for the Montebello Municipal Golf Course Renovation Project (CP No. 894), in accordance with Montebello Municipal Code Chapter 3.20.050; and
2) Approve a Purchase Order with MCI Flowtronex in the amount not-to-exceed $295,000 for the irrigation pump
September 28, 2022: City Council and Public Financing Authority Meeting Minutes
station and authorize the City Manager to execute the Purchase Order; and
3) Take such additional, related, action that may be desirable.
Councilmember Torres pulled this item to ask clarifying questions which were addressed by staff. It was motioned by Councilmember Melendez, seconded by Councilmember Torres, that the item be approved as is; the motion passed unanimously.
7. WAIVE SECOND READING AND ADOPT ORDINANCE NO. 2453 AMENDING MONTEBELLO MUNICIPAL CODE CHAPTER 2.20 TO ADD A MILITARY EQUIPMENT USE POLICY
It is recommended that the City Council:
1) Waive the Second Reading of and adopt Ordinance No. 2453 establishing a Military Equipment Use Policy in compliance with Assembly Bill 481 (“AB 481”); and
2) Take such additional, related, action that may be desirable.
Councilmember Torres pulled this item for discussion and asked that his comments from the August 24, 2022 meeting be reflected in these meeting minutes; Mayor Cobos-Cawthorne requested the same. It was motioned by Councilmember Melendez, seconded by Mayor Pro Tem Jimenez that the item be approved as is; the motion passed by the following vote.
MOVED: Melendez SECONDED: Jimenez APPROVED: 3-1-0-0
AYES: Melendez, Peralta, Jimenez, Cobos-Cawthorne
NOES: Torres
ABSTAIN: None
ABSENT: None
8. APPROVE RECEIPT OF A GRANT AWARD FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY FISCAL YEAR 2021 ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM AND APPROPRIATE FUNDS IN FISCAL YEAR 2022-23
It is recommended that the City Council:
1) Approve the appropriation of $183,848 awarded to the Fire Department by the Federal Emergency Management Agency (FEMA), Fiscal Year 2021 Assistance to Firefighters Grant (AFG) Program; and
2) Amend the Fiscal Year 2022-23 budget by increasing appropriations by $183,848 in Expense Account No. 265-85-857-6010.10 (Grants, Fire, Assistance to Firefighters Grant, Machinery and Equipment) and Revenue Account No. 265-99-4198.20 (Grants, Miscellaneous Grants, Assistance to Firefighters); and
3) Take such additional, related, action that may be desirable.
9. AUTHORIZATION TO ISSUE A REQUEST FOR PROPOSALS (RFP NO. 23-2) FOR THE MAINTENANCE
HOSE REELS REPLACEMENT
It is recommended that the City Council:
1) Approve issuing a Maintenance Hose Reels Request for Proposal, No. 23- 2 (RFP No. 23-2); and
2) Take such additional, related, action that may be desirable.
September 28, 2022: City Council and Public Financing Authority Meeting Minutes
10. ADOPT RESOLUTION NO. 22-74 TO APPROVE A TRANSIT ASSET MANAGEMENT PLAN FOR
SUBMISSION TO THE FEDERAL TRANSIT ADMINISTRATION
It is recommended that the City Council:
1) Adopt Resolution No. 22-74 to approve a Transit Asset Management (TAM) plan for submission to the Federal Transit Administration (FTA); and
2) Take such additional, related, action that may be desirable.
11. APPROVE BLANKET PURCHASE ORDERS TO GALLS AND PROFORCE
It is recommended that the City Council:
1) Authorize issuing annual Blanket Purchase Orders to Galls, LLC ("Galls") for uniforms and safety equipment through Fiscal Year 2024-25 in the amount of $23,000 per fiscal year ($69,000 over three fiscal years); and
2) Authorize issuing a one-time Blanket Purchase Order to ProForce Marketing, Inc. ("ProForce") for personal protective and less-lethal supplies/equipment purchases during Fiscal Year 2022-23 in the amount of $65,000; and
3) Authorize the City Manager to approve up to an additional $15,000 per vendor, per fiscal year, if necessary; and
4) Take such additional related activities that may be desirable.
12. PAYMENT OF BILLS: ADOPT RESOLUTION NO. 22- 81 APPROVING THE CITY WARRANT REGISTER OF DEMANDS DATED SEPTEMBER 28, 2022
It is recommended that the City Council:
1) Adopt Resolution No. 22-81 approving the Warrant Register dated September 28, 2022.
13. CONSIDERATION OF AGREEMENTS BETWEEN THE CITY AND QUIET CANNON RELATING TO THE
MONTEBELLO GOLF COURSE PROJECTS
It is recommended that the City Council:
1) That the City Council review and consider approval of the agreements with Quiet Cannon as presented by staff (various agreements to be provided prior to the City Council meeting).
City Attorney Alvarez-Glasman pulled Item No. 13 during changes to the agenda, as there were no items to present.
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).
September 28, 2022: City Council and Public Financing Authority Meeting Minutes
None.
COUNCIL ORALS
Council member announcements; requests for future agenda items; conference/meetings reports.
• David N. Torres, Councilmember
1) Request for Council consensus to direct staff to draft an emergency ordinance relating to the registration of campaign signage responsible parties, and other regulations relating to their proper placement and removal.
2) Comments on Mayor and Mayor Pro Tem repeated campaign rule violations. 3) Request for bicycle parking at City Hall and other properties.
Council member Torres asked for Council Consensus on Item No.1 requesting that the City Attorney look into this request; Consensus was received by a 4/0 vote (Mayor Pro Tem was absent for this vote). All other items were presented by Councilmember Torres.
• Salvador Melendez, Councilmember
None.
• Scarlet Peralta, Councilmember
1) Partnership with ELAC Public Safety Academy.
2) Requesting information on how the city addresses the fixing of damaged public driveways in residential areas.
Councilmember Peralta presented her Council Orals.
• Angie M. Jimenez, Mayor Pro Tem
None.
• Kimberly A. Cobos-Cawthorne, Mayor
None.
ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on October 12, 2022 at 5:00 p.m. which can be live streamed at www.cityofmontebello.com (Click on Live Stream).
I, Alicia Fernandez, Senior Deputy City Clerk for the City of Montebello hereby certify that a copy of this agenda has been posted on or before Sunday, September 25, 2022 5:00 p.m.
Alicia Fernandez, Senior Deputy City Clerk
September 28, 2022: City Council and Public Financing Authority Meeting Minutes
Mayor Cobos-Cawthorne requested a motion to adjourn. A motion was made by Mayor Pro Tem Jimenez, seconded by Councilmember Peralta; the meeting was adjourned at 8:14 p.m.
THE MINUTES OF SEPTEMBER 28, 2022 ARE HEREBY APPROVED AND ADOPTED ON THIS 16TH DAY OF NOVEMBER 2022.
AGENDA & NON-AGENDA
SPEAKER CARDS
AGENDA & NON-AGENDA
COMMENTS
1 Padilla, Angelina
From:
Sent: Friday, September 16, 2022 6:38 PM
To: Torres, George
Cc: comment, ccpublic
Subject: [External Email] Anonymous Opposition to Event Venue 18th St.
Attachments: Letter to the City of Montebello.pdf
Follow Up Flag: Follow up
Flag Status: Flagged
Hello,
I am writing to express my opposition to the event venue on the corner of N 18th St. and Whittier Blvd. Please record this as anonymous, I do not want to face any issues and would only like to uphold my family and neighborhood's safety.
Attached for your review is the letter signed by many neighbors on the N 18th St. block that are against the event venue opening its doors. Please record on public comment and community concerns.
Thank you,
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***
16 September 2022
City of Montebello
1600 W Beverly Blvd
Montebello, CA. 90640
To whom it may concern,
I am writing to you concerning the newly renovated building on 1808 Whittier Blvd formerly known as La Tourette's Gallery. As a resident of the N 18th St. neighborhood, I am deeply concerned about the recent renovation and reopening of this venue. As you may know, 18th St between Cleveland and Whittier is a high traffic zone due to high school students, multiple cars per household and Doublz dine in and drive thru. Over the last 30 years, my neighbors and I have reported racing along Whittier Blvd at all hours and there have been multiple collisions involving the empty lot of La Tourette's Gallery and fortunately, there were no people present during the time of impact. We are appalled that we were never notified about the establishment considering all the potential hazards and inconveniences this business may cause us.
Without community consideration and consent, our already impacted block, plans have been set into motion for a banquet hall and event venue. Our neighborhood is very quiet and made up of hard-working families and older residents. When Doublz moved in it was a difficult adjustment that required neighbors closest to the restaurant to guard parking spaces in front of our homes because Doublz employees did not have parking. Now with another venue for events and parties, we the neighbors ask the City Council the following questions:
1) Where will we park? Will you have 2-3 permits per household to mitigate the parking issue that exists today to help prevent for the future? 2) In terms of zoning, a community feasibility analysis and public support must be considered. What are the steps the city has taken to inform myself and our neighbors? 3) With a drive thru on one side and people often making sharp turns from Whittier Blvd onto 18th St, how will you upkeep public safety?
This banquet hall is going to majorly disrupt the peace and safety of our neighborhood and I have several concerns I’d like to make you aware of.
1. The parking lot of this location is quite small, which will of course mean that the already limited parking spaces in our neighborhood will be inundated by event attendees.
2. As mentioned before, our neighborhood is made up of hard-working families and elderly residents. The loud music, shouting, and other sounds of partying are going to disrupt the peace and quiet of our neighborhood and prevent folks from getting the rest they need.
3. Not only am I concerned about parking availability, and noise, but I am severely concerned about safety. As this location serves alcohol, I fear for the intoxicated attendees that will be in the proximity of our homes. This has the potential to cause violence and disturbances of all sorts including gun violence, drunk driving, physical altercations, public intoxication and vomiting, and more. The location of the proposed event venue has been the center of multiple collisions in the past.
In conclusion, we ask that you consider the community in your decision making. You will not have to worry about all members of your family searching for parking after a hard day's work, you will not be worried about your children running across the street in a high traffic block, and you will not be awakened in the small hours of the evening. We ask that you support the neighbors that have lived in their homes for 5, 10, 15, and 20 years over this new event venue proposal. Numerous neighbors and homeowners share my deep concerns and disapproval of this establishment. Having already experienced for many years the adverse effects of being located right next to a large business like Doublz- including littering, loitering, smoke, and a lack of parking, we firmly oppose the development of this banquet hall. We ask that you listen to our plea and support our safety, our families, and our neighborhood.
Attached, you will find signatures of my fellow residents who oppose this event venue business opening its doors on the corner of 18th St. and Whittier Blvd.
Sincerely,
Concerned Resident of North 18th St. Block
1 Padilla, Angelina
From: [email protected]
Sent: Monday, September 26, 2022 11:41 AM
To: comment, ccpublic
Cc: [email protected]
Subject: [External Email] Public Comment Submission
Submitted by: Melissa Espiritu
Email Address: [email protected]
Commented on event: https://montebelloca.civicclerk.com/web/player.aspx?id=285 If you are having trouble viewing the URL above, cut and paste the string into your browser window.
User comment: It is almost October and we are still experiencing weather that is consistently in the 80s and 90s degree Fahrenheit. Each year, the weather is hotter for a longer period of time. However, the public pool season ends by Labor Day. We need to allocate resources to keep our pool open longer into the season. The pool is a great outdoor resource during heatwaves and it provides affordable access to swim lessons, which is a life- saving skill. And yet, we only get to use it for a couple of months of the year. Many people in our community make good use of the enrichment opportunities the Parks Department offers for their children during the school year. We should add access to the pool and swimming lessons as part of the enrichment activities students can access during the school year in September and even parts of October. Thank you for your consideration.
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***
1 Padilla, Angelina
From: [email protected]
Sent: Tuesday, September 27, 2022 6:36 PM
To: comment, ccpublic
Subject: [External Email] Public Comment Submission
Submitted by: William Moreno
Email Address: [email protected]
Commented on event: https://montebelloca.civicclerk.com/web/player.aspx?id=285 If you are having trouble viewing the URL above, cut and paste the string into your browser window.
User comment: I fully support any and all Bond financing necessary for the purposed Golf Course rehabilitation. For too long this course has been a badly managed community asset and the select playground for a few self-appointed older generation of golfers. By definition, a public asset such as this requires increased public access. The planned expansion appealing to a younger demographic and families is welcomed and needed. Thank you.
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***
1 Padilla, Angelina
From: Lynn McGonigle <[email protected]>
Sent: Wednesday, September 28, 2022 1:25 PM
To: comment, ccpublic
Subject: [External Email] Support for David Torres and Scarlett Peralta Dear City Council,
I'm writing to voice my support for councilpersons David Torres and Scarlett Peralta. I am so impressed with the way they have served the community, and I am disppointed in the personal attacks they have been subjected to. It is a testament to their integrity and professionalism that Mr. Torres and Ms. Peralta have not responded to personal attacks in kind, but have kept their focus on Montebello city business. I'm grateful to Mr. Torres for his meticulous attention to policy details; it is evident that he is working hard to bring about the best possible results for Montebello. I am also grateful for the time Ms. Peralta puts in at community events, where she meets with residents and listens to their concerns. Both Mr. Torres and Ms. Peralta have worked tirelessly and have accomplished wonderful things for the community, and they have my full support.
Thank you,
Lynn McGonigle
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***
1 Padilla, Angelina
From: Alexandra Vazquez <[email protected]>
Sent: Wednesday, September 28, 2022 1:47 PM
To: comment, ccpublic
Subject: [External Email] 09/27/2022 Public Comment(s)
Hello my name is Alexandra Vazquez and I am writing this comment in support of members Scarlet Peralta and David Torres.
The reason I am in support of both Peralta and Torres are because throughout their time as members of council they have shown how much they care about the community they serve through their actions as council members.
Peralta and Torres advocate for transparency from council information to its residents, this shows deep respect and care for their community. They are also very active members of the community through hosting community events and reaching out to constituents.
Peralta actively fought for hero pay for essential workers of grocery stores, and as someone who is the daughter of two hard working parents who are essential workers, this action made me and my family feel recognized and cared for by the community council. Torres is consistently prepared with questions to ask in order to be able to explain to residents how exactly decisions are made and the policies in questions would directly affect them.
As someone who is also an essential worker and student, having Peralta and Torres as council members makes me feel acknowledged and cared for by the council. Both members are also great representation for other young members of the community who are interested in joining and inspire them.
--
Thank you for your time,
Alexandra Vazquez.
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***
1 Padilla, Angelina
From: mo montes <[email protected]>
Sent: Wednesday, September 28, 2022 1:54 PM
To: comment, ccpublic
Subject: [External Email] Public Comment
Mayor, we all know from who those fake public comment emails are all coming from. Funny thing is, that person is probably sitting right in from of you right now. I wonder if you two are related? Hmmmmm. I wonder if that person feels guilty for the hatred and false allehations they are spewing at every meeting. It’s crazy obvious, this community is not dumb. We know who it is. You know who it is too.
P.S. Mayor youre not fooling anyone. Stop being complicit and fueling this nastiness. Oh wait, your the biggest tyrant in montebello. It's the most disturbing abuse of power i have ever seen.
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***
1 Padilla, Angelina
From: Brooke Slagoski <[email protected]>
Sent: Wednesday, September 28, 2022 2:34 PM
To: comment, ccpublic
Subject: [External Email] Public Comment - 09/28/22
Good evening,
I want to thank Councilmembers Scarlet Peralta and David Torres for being the public servants that this city so deserves and needs. I truly commend you both for fighting the good fight up there and asking questions to hold city hall accountable to the residents. It is your commitment to transparency, advocacy for truth, and professionalism in your behavior that gives me hope for
the future. Please know that your community sees all you do, and that actions speak louder than words. The residents of Montebello love and support you.
Thank you for your time,
Brooklyn Slagoski
‐‐‐
***PLEASE DO NOT CLICK ON UNK
NOWN LINKS. Contact Montebello IT Division if you are unsure.***
1 Padilla, Angelina
From: Pablo Flores <[email protected]>
Sent: Wednesday, September 28, 2022 2:37 PM
To: comment, ccpublic
Subject: [External Email] David Torres and Scarlet Peralta Hello,
My name is Pablo Flores. I am emailing about David Torres and Scarlet Peralta. These two have been advocating for transparency and information given to the residents of this city. David for one, is a very “by the book” professional who is very big on policy. He is always prepared with questions to ask in public so residents can see how his decisions are made. Scarlet has been on council for 2 years and one of the first things she pushed for was hero pay for the essential workers during the pandemic. She also championed the farmers market Montebello now enjoys. They are both young representatives who have been asking questi
ons and trying to actually make change. They are consistently attacked with public comments and personal attacks and I would just like to show my support for them and show that they are appreciated by many.
Thank you
‐Pablo
‐‐‐
***PLEASE DO NOT CLICK ON
UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***
1 Padilla, Angelina
From: Irene A. <[email protected]>
Sent: Wednesday, September 28, 2022 2:46 PM
To: comment, ccpublic
Subject: [External Email] Today's meeting
Hello all,
Please consider Montebello residents when making decisions that can impact our health and well being. The Montebello Golf Course has been a treasure in our community for decades. Selling it out for corporate interests with no history in the area is a huge mistake! In addition to an increase in traffic, possible crimes, and general public disorder, there is a possiblity of exposing residents and wildlife to cancer-causing toxic chemicals by spraying. The use of herbicides or pesticides that may contain dangerous chemicals is a disgrace and criminal act upon the city of Montebello. Why were residents not allowed to vote on such a measure? We the people of this city deserve to have input on environmental and economic decisions made in our city. It is bad enough the Montebello Hills were not preserved and animals have now been relocated (or worse) in our community, why add to our problems? Is it time for new leadership? Think about tax paying citizens in this city before putting us in harms way and against our consent.
Irene (A concerned resident)
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***
1 Padilla, Angelina
From: adelinehernandez <[email protected]>
Sent: Wednesday, September 28, 2022 2:51 PM
To: comment, ccpublic
Subject: [External Email] Comment for 9/28 council meeting Please read my comment during council meeting public comment section. This message is for the mayor. You have said multiple times now, “One is too many” when speaking on the current harassment cases. I want to remind you that If you google your name a ABC 7 news article pops up titled “Montebello fire chief files claim against city's mayor, alleging harassment and retaliation” it says that you went as far as contacting a local hotel and a security guard to investigate if the chief was going there with a woman. He believes you were trying to dig up dirt to sabotage his marriage. Also claiming that you had it out for the chief for some period of time, and that you were basically trying to do everything you could to have him ousted.
So if “one is too many” Kimberly, why did the city never investigate YOU for harassment? What deal did you cut and who did you sell your soul to make this go away? Ohhh hold on now, is that how you became mayor 2 years in a row? OR why you flip flopped and voted against every issue you once stood for? All of sudden you care, when it's not you who is under fire right? What a disgrace of a mayor you have been this past 2 years. You have used the cities resources for your own personal game of vendetta, not giving a crap about the issues that affect us as residents. You have no job, no career, probably never worked a day in your life, touting your million dollar homes,and abuse the power of your seat. Sounds like a mini trump to me. I cant wait to see this community vote you out.
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***
1 Padilla, Angelina
From: Vivian Romero <[email protected]>
Sent: Wednesday, September 28, 2022 3:01 PM
To: comment, ccpublic
Cc: Bobadilla, Rene
Subject: Fwd: [External Email] PLEASE READ AT TONIGHTS COUNCIL MEETING
Begin forwarded message:
From: Vivian Romero <[email protected]>
Subject: PLEASE READ AT TONIGHTS COUNCIL MEETING
Date: September 28, 2022 at 2:58:43 PM PDT
To: Rene Bobadilla- City Manager <[email protected]>
Good evening
Salvador Melendez has been using his City logo business cards while campaigning. There are photos taken by residents and since he claims he has studied law he should KNOW that City officials and employees may not use public resources for personal enjoyment, private gain or advantage.
Public resources are not limited to money. They also include things like staff time, office equipment, telephones, fax machines, photocopiers, and computers), and office supplies, and other items. To "use" public resources means merely to cause a gain or advantage for the user, and a loss to the local agency in this case Montebello , that has a monetary value.
Use of City Titles, Letterheads and Logos are included in this Prohibition illegal use by Mr Melendez. One area that people rarely consider as a “public resource” are City job titles, letterhead stationary, and the City or department logo. Obviously using City office supplies for a personal or political purpose is illegal.
The city has enough legal issues so I encourage you to remind all the council members of this law so that further legal issues do not arise. California law provides both criminal and civil penalties for using public resources for personal benefit Sincerely
Resident and Former Mayor Vivian Romero
PUBLIC HEARING
ITEM NO. 5
SPEAKER CARDS
PUBLIC HEARING ITEM NO. 5
COMMENTS
26 COMMENTS
IN SUPPORT
OF ITEM NO. 5
Their comments are down below
CITY OF MONTEBELLO
CITY COUNCIL AND PUBLIC FINANCING AUTHORITY
JOINT REGULAR MEETING
MINUTES
WEDNESDAY, OCTOBER 12, 2022 AT 5:00 PM
CITY HALL COUNCIL CHAMBERS
1600
WEST BEVERLY BOULEVARD
MONTEBELLO, CALIFORNIA
OPENING CEREMONIES
CALL TO ORDER
Mayor Cobos-Cawthorne called the meeting to order at 5:06 p.m.
ROLL CALL
Members present were Mayor/Chairperson Cobos-Cawthorne, Mayor Pro Tem/Vice Chaiperson Jimenez, Councilmember/Member Peralta, Councilmember/Member Melendez, and Councilmember/Member Torres. City Clerk/Board Secretary Jimenez and Treasurer Gutierrez were also 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, Records Coordinator Angelina Padilla, and all Department Directors were present.
PUBLIC COMMENTS FOR CLOSED SESSION ITEMS
At this time, the general public may address the City Council/PFA on Closed Session Items. Please be aware that the maximum time allotted for members of the public to speak on Closed Session Items shall not exceed three (3) minutes per person. State Law prohibits the City Council/PFA 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.
The City Clerk’s Office acknowledged one (1) written public comment submitted to the City’s public comment email address. Said comment is on file at the City Clerk’s office. No speaker cards were submitted by the public.
DRAFT
October 12, 2022: City Council and Public Financing Authority Meeting Minutes
CLOSED SESSION 5:00 P.M.
The City Attorney shall provide a briefing on the item listed for Closed Session as follows:
Item 3b. and Item 4b. were added to the agenda as subsequent need matters, pursuant to Government Code Section 54954.2(b)(2). It was motioned by Mayor Pro Tem Jimenez, seconded by Councilmember Melendez, that the items be added; the motion was approved unanimously.
Mayor Cobos-Cawthorne recessed the meeting into Closed Session at 5:11 p.m. to consider the following Closed Session
items, including the added 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 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
3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Government Code Section 54956.8
Property: 901 Via San Clemente
Agency’s Negotiator: René Bobadilla, City Manager
Negotiating Party: Quiet Cannon Management & Trend Sports II Under Negotiation: Price and Terms
Walk On Item No. 3b.
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Government Code Section 54956.8
Property: 701 Whittier Blvd., Montebello CA
Agency’s Negotiator: René Bobadilla, City Manager
Negotiating Party: Jimmy's Property
Under Negotiation: Price and Terms
4. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(d)(2): Three Matters
One matter related to Brown Act claim
One matter related to ACLU letter
One matter related to Infrastructure Engineers
Walk On Item No. 4b.
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Government Code Section 54956.9(d)(4)
One matter related to audit issues dispute
REGULAR SESSION NO LATER THAN 6:00 P.M.
DRAFT
October 12, 2022: City Council and Public Financing Authority Meeting Minutes
CLOSED SESSION REPORT
Mayor Cobos-Cawthorne reconvened the meeting at 6:21 p.m. All five members were present for all items, with the exception of Item No. 4 relating to the ACLU letter, where Councilmember Torres recused himself. City Attorney Arnold Alvarez-Glasman provided the following report to City Council: a briefing was provided from the City Manager and staff on Item No. 1, no action taken and nothing to report; a briefing was provided from the Agency's negotiator on Item No. 2, direction was provided to execute a letter on behalf of the Cesar Chavez Foundation but there was nothing to report; a briefing was provided on Item No. 3, no action taken and nothing to report; a briefing was provided on Item 3b.and authorization was given to the Agency's negotiator with respect to the possible sale but there was no final action and nothing to report; a briefing was provided on Item No. 4, regarding the Brown Act claim, ACLU Letter (Couincilmember Torres recused himself), and Ingrastructure Engineers matters, direction was provided tot he City Attorney's office but there was no final action and nothing to report; a briefing was provided on Item No. 4b. and direction was provided to evaluation potential claims against the State of California and the State auditor, no final action was taken direction.
INVOCATION
City Treasurer Rafael Gutierrez led the City Council in the Invocation.
PLEDGE OF ALLEGIANCE
Police Chief Paul Espinosa led the City Council in the Pledge of Allegiance.
CORRECTIONS TO THE AGENDA CITY MANAGER
City Manager Bobadilla pulled Item No. 16 from the agenda; the item will be discussed at a future meeting.
CEREMONIAL/PRESENTATIONS
5. BREAST CANCER AWARENESS MONTH
Presented by Mayor Cobos-Cawthorne.
6. BULLYING PREVENTION MONTH
Presented by Mayor Cobos-Cawthorne.
7. DOMESTIC VIOLENCE AWARENESS MONTH
Presented by Mayor Cobos-Cawthorne.
8. DOWN SYNDROME AWARENESS MONTH
Presented by Mayor Cobos-Cawthorne.
9. CITIZEN OF THE MONTH - GARY MENDIBLES
Presented by Mayor Cobos-Cawthorne; City Manager Bobadilla also said a few words regarding Mr. Mendibles, stating that he is the ultimate public servant and an incredible person with an amazing heart. Mr. Bobadilla was delighted to
DRAFT
October 12, 2022: City Council and Public Financing Authority Meeting Minutes
recognize Mr. Mendibles for his service to the City and Staff.
PUBLIC COMMENTS ON NON-AGENDA AND AGENDA ITEMS (30 MINUTES) At this time, the general public may address the City Council/PFA 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) minutes per speaker.
State Law prohibits the City Council/PFA 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.
The City Clerk’s Office acknowledged three (3) member(s) 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 two (2) written public comments submitted to the City’s public comment email address, including three (3) written comments submitted after the deadline; said comments are on file at the City Clerk’s office. Two speakers (Irene Lamb and Rosemary Torres) withdrew their request to speak.
STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST
Director Sosnowski provided the City Council with an overview of upcoming City events and invited the community to the following: Heritage Festival; second annual 1k, 5k, 10k; Haunted Halloween Train Ride and Carnival; Dia De Los Muertos event; Farmer's Market; Fire Department's Red Cross Sound the Alarm event; State of the City event; and the Coyote Information meeting with the San Gabriel Valley Council of Government.
City Manager Bobadilla made a statement regarding the City of Montebello's fiscal ranking per the State of California's Audit clarifying that the City has had financial problems dating back to 2011 and over the past three years, City Staff has made efforts to correct those problems.City Manager Bobadilla invited the City's financial advisor, Michael Busch, President/CEO of UFI (Urban Futures Incorporated), to provide the City Council with a briefing related to his review on the State Audit report and reassured the Council that the City of Montebello has not had a negative fund balance for many years and that the State's approach is misguided. Councilmember Melendez expressed his concern regarding how the state issued a report without working with the City; Councilmember Peralta stated that the State's report is not to be taken lightly and should fall on the City Council; Councilmember Torres stated that the State's report shouldn't be disregarded; Mayor Pro Tem Jimenez echoed Councilmember Melendez' comments. Mayor Cobos-Cawthorne stated that she spoke with a state representative and was told that the rating is not reflected on the City's current financial status but prior years.
PUBLIC HEARING
None.
OLD BUSINESS
None.
REGULAR BUSINESS
10. REVIEW THE PROPOSED CITY'S PERMANENT LOCAL HOUSING ALLOCATION PROGRAM FORMULA
FUNDING PLAN
It is
recommended that the City Council:
1) Review and provide input on the Proposed City's Permanent Local Housing Allocation Program Formula Funding Plan to
collect the City’s $1,900,548 five-year allocation; and
DRAFT
October 12, 2022: City Council and Public Financing Authority Meeting Minutes
2) The Public Hearing for the consideration of approval of the City's Permanent Local Housing Allocation Program Funding Plan and Resolution will be heard at the City's Council Meeting on October 26, 2022; and
3) Take such additional, related, action that
may be desirable.
Fire Chief Paleaz and Deputy Director Angelica Palmeros presented the Staff Report to the City Council and were available to answer any questions. City Manager Bobadilla further clarified that this particular funding has been available since 2019 but the City was unable to withdraw from the funds due to not having an approved Housing Element.
Mayor Pro Tem Jimenez motioned, seconded by Councilmember Melendez to receive and file the item. Councilmember Torres presented a Substitute motion to receive and file the presentation but also upload pages 46-48 on the City's website, seconded by Councilmember Peralta. City Manager Bobadilla confirmed that Staff would upload the requested information as requested; therefore, Councilmember Torres withdrew his motion. A vote was taken on the original motion; the motion was passed unanimously. Councilmember Torres asked for clarification on the priorities, funding, and allocations of the program; clarification was provided by Deputy Director Palmeros.
CONSENT CALENDAR
All matters listed under 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.
Councilmember Peralta and Councilmember Torres both pulled Item No’s. 13 and 15. Councilmember Peralta motioned, seconded by Councilmember Melendez, that Item No’s. 11, 12, 14, and 17-24 be approved; the motion passed unanimously.
11. AUTHORIZATION TO ISSUE A REQUEST FOR PROPOSALS (RFP NO. 23-3) FOR EMPLOYEE BENEFITS
INSURANCE BROKER SERVICES
It is
recommended that the City Council:
1) Approve issuing an Employee Benefits Insurance Broker Services Request for Proposal, No. 23- 3 (RFP No. 23-3); and
2) Take such additional, related, action that may be desirable.
Approved unanimously.
12. APPROVAL OF A SOLE-SOURCE, PROFESSIONAL SERVICES AGREEMENT NO. 4031, WITH GOVERNMENTJOBS, INC., DBA NEOGOV, FOR ADD-ON PERFORM SOFTWARE SUBSCRIPTION AND
SETUP SERVICES
It is recommended that the City Council:
1) Approve a Sole-Source, Professional Services Agreement, No. 4031, with Governmentjobs, Inc., dba NEOGOV (NEOGOV), for
add-on Perform software subscription and setup services; and
2) Authorize the City Manager and/or his designee to execute an agreement on behalf of the City of Montebello
(City); and
3) Amend the Fiscal Year 2022-23 budget by increasing appropriations by $16,083 in Account No. 100-25-250- 6040.95 (General Fund, Human Resources, Contract Services – Professional Services); and
4) Take such additional, related, action that may be desirable.
Approved unanimously.
DRAFT
October 12, 2022: City Council and Public Financing Authority Meeting Minutes
13. AWARD OF CONSTRUCTION CONTRACT - MONTEBELLO MUNICIPAL GOLF COURSE RENOVATION PROJECT, PHASE 1 (CP NO. 894-1)
It is recommended that the City Council:
1) Award a construction contract for
the Montebello Municipal Golf Course Renovation Project Phase 1 (CP No. 894-1) in the amount of $5,094,000 to Los Angeles Engineering, Inc.; and
2) Authorize the Director of Public Works to
review and approve change orders within a 10% contingency of the contract amount; and
3) Authorize the City Manager to
execute the Contract Agreement, on behalf of the City; and
4) Award Task Order No. 4 via an Engagement Letter under Master Retainer Agreement No. 3919 with AIM Consulting Services for Construction Management and Inspection Services for the project for a not-to-exceed- fee of $1,283,543; and
5) Approve a reimbursement payment to Trend Sports, LLC in the amount of $494,705 for conceptual pre-design project development costs; and
6) Approve the Total Project Budget (Attachment A); and
7) Approve the Notice of Exemption (Attachment D) for the subject project and authorize the City Clerk to file the Notice of Exemption with Los Angeles Registrar-Recorder; and
8) Take such additional, related, action that may be desirable.
Councilmember Peralta and Torres both pulled this item for discussion. Councilmember Prealts expressed her opposition to using Covid relief funds for this item and asked for support to direct Staff to find a way to fill the gap or alternatives to the project that will decrease the gap that needs to be filled and table the item for consideration at a future meeting.
Councilmember Torres also expressed his opposition to using Covid relief funds for this project and supported Councilmember Peralta's suggestion. Mayor Cobos-Cawthorne stated that on September 1, 2021 the City Council voted unanimously on the allocation of ARPA funds.
Councilmember Melendez motioned to
approve the item as recommended by Staff, but Councilmember Torres stated that Councilmember Peralta had previously made a motion; therefore, Councilmember Melendez' motion did not receive a second.
Councilmember Peralta clarified that she had not made a motion, but then made a motion to direct Staff to find a way to fill the gap or alternatives to the project that will decrease the gap that needs to be filled and table the item for consideration at a future meeting; the motion was seconded by Councilmember Torres.
Councilmember Melendez rescinded his original motion and made a Substitute motion to approve the item as
recommended by Staff; the motion was seconded by Mayor Pro Tem Jimenez. City Manager Bobadilla asked for clarification if the motion was to approve the item as is; Councilmember Melendez confirmed that was correct. The item was approved by the following vote:
MOVED: Melendez SECONDED: Jimenez APPROVED: 3-2-0-0
AYES: Melendez, Jimenez, Cobos-Cawthorne
NOES: Peralta, Torres
ABSTAIN: None
ABSENT: None
DRAFT
October 12, 2022: City Council and Public Financing Authority Meeting Minutes
14. APPROVAL OF CHANGE ORDER NO. 1 TO THE CONSTRUCTION CONTRACT WITH DOUG MARTIN CONTRACTING COMPANY, INC. - ANNUAL SLURRY SEAL PROJECT FISCAL YEAR 2022-23 (C.P.
NO. 892)
It is
recommended that the City Council:
1) Find that
the requested “Changes in Work” for the project (Attachment A) have no significant effect on the environment and approve Change Order No. 1 in the aggregate amount of $300,000, increasing the total contract amount with Doug Martin Contracting Company, Inc. to $699,920; and
2) Take such additional, related, action that may be desirable.
Approved unanimously.
15. AMEND THE FISCAL YEAR 2022-23 CAPITAL IMPROVEMENT PROGRAM BUDGET BY INCREASING
APPROPRIATIONS IN VARIOUS ACCOUNTS
It is recommended that the City Council:
1) Amend the adopted Fiscal Year 2022-23 Capital Improvement Program (CIP) budget by increasing appropriations in the various accounts as detailed in Attachment A; and
2) Take such additional, related, action that may be desirable.
Councilmember Peralta and Torres both pulled this item for discussion. Councilmember Peralta asked for clarification and/or more information to better understand the increase in appropriations for this item. Director Solorza presented the Staff Report and was available to answer any questions. Director Solorza provided clarification and stated that this item would take the prior budgets, from previously approved projects, and rebudget the money that was needed. Approval of this item would take previously approved projects from prior budgets and rebudget the money that was needed in prior years in the current year to provide a more accurate budget for the Public Works Department in order to know how much they have to work with on current projects. Furthermore, Councilmember Peralta requested a more detailed description of the Capital Improvement Projects. Councilmember Torres asked for clarification on the status of projects; Director Enriquez stated that all projects are on-going/active projects. Councilmember Melendez asked if there was an urgency to approve this item; City Manager Bobadilla stated that these are projects that have already been approved by the City Council and would work on providing more details.
It was motioned by Mayor Pro Tem Jimenez, seconded by Councilmember Melendez that the item be approved as recommended by Staff. The motion was approved by the following vote:
MOVED: Jimenez SECONDED: Melendez APPROVED: 3-1-1-0
AYES: Melendez, Jimenez, Cobos-Cawthorne
NOES: Torres
ABSTAIN: Peralta
ABSENT: None
16. AUTHORIZE DISPOSITION OF SURPLUS GOLF CARTS AND EQUIPMENT
It is recommended that the City Council:
1) Authorize Recreation and Community Services Department staff to sell, auction, donate, dispose of, or
transfer golf carts and equipment per the established Capital Asset Policy, No. VI-C-3; and
2) Take such additional, related, action that may be desirable.
DRAFT
October 12, 2022: City Council and Public Financing Authority Meeting Minutes
City Manager Bobadilla pulled Item No. 16 from the agenda; the item will be discussed at a future meeting.
17. APPROVAL OF CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS), SELECTIVE TRAFFIC ENFORCEMENT
PROGRAM (STEP) GRANT FUNDS
It is
recommended that the City Council:
1) Approve the use of grant funding awarded to
the Montebello Police Department by the California Office of Traffic and Safety (OTS) through the Selective Traffic Enforcement Program (STEP), Grant number PT23048, in the amount of $122,000; and
2) Amend the Fiscal Year
2022-23 budget and increase expense appropriations by $122,000 in grant Account No. 265-8013-800-5010.10, 6010.40 and 6020, Grants, OTS-STEP Grant, (Overtime, Machinery ad Equipment and Travel and Meetings); and by $122,000 in revenue Account No. 265-99-4198.97 (Grants, Miscellaneous Grants – OTS Grants); and
3) Take such additional, related, action that may be desirable.
Approved unanimously.
18. APPROVAL TO SUBMIT GRANT APPLICATION TO THE SAN GABRIEL VALLEY COUNCIL OF
GOVERNMENTS HOUSING LINKAGE WORKING GROUP
It is recommended that the City Council:
1) Approve submission
of the grant application to the San Gabriel Valley Council of Governments Housing Linkage Working Group; and
2) Take such additional, related, action that may be desirable.
Approved unanimously.
19. APPROVE MEMORANDUM OF AGREEMENT NO. 22-23 BETWEEN THE CITY OF MONTEBELLO AND LOS
ANGELES COUNTY TO FUND OPERATION STAY SAFE WITH THE CITIES AND COUNCILS OF GOVERNMENTS INTERIM HOUSING SERVICES FUND AND AMEND THE FISCAL YEAR 22-23 BUDGET
TO APPROPRIATE FUNDS
It is
recommended that the City Council:
1) Authorize the City Manager to execute a Memorandum of Agreement between the City of Montebello and Los Angeles County to receive $876,000 in funding from the Cities and Councils of Governments Interim Housing Services (“CCOGIHS”) Fund for the operation of Operation Stay Safe interim housing project; and,
2) Amend the Fiscal Year 2022-23 budget by increasing appropriations by $876,000 in expenditure Account No. 266-85-858-6040.10 (Interim Housing Services, Fire, Interim Housing Services , Other Contract Services) and $876,000 in revenue Account No. 266-99-4198.30 (Interim Housing Services, Misellaneous Grants - Interim Housing Services ); and
3) Take such additional, related, action that may be desirable.
Approved unanimously.
20. AMEND THE TRANSPORTATION DEPARTMENT CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FISCAL YEAR 2022-23
It is
recommended that the City Council:
DRAFT
October 12, 2022: City Council and Public Financing Authority Meeting Minutes
1) Adopt the Transportation Department Capital Improvement Program (CIP) budget for Fiscal Year 2022-23, for a total amount of $10,550,644; and
2) Authorize Staff to amend the adopted FY 2022-23 budget to include appropriations in the various accounts as detailed in Attachment “A”, “Transportation Capital Improvement Program;” and
3) Take such additional, related, action that
may be desirable.
Approved unanimously.
21. APPROVE PURCHASE AND/OR LEASE OF FLEET VEHICLES FOR POLICE, FIRE, PUBLIC WORKS,
PARKS AND RECREATION AND TRANSIT DEPARTMENTS
It is recommended that the City Council:
1) Approve the lease/purchase of
twenty-one (21) vehicles and necessary equipment and installation services in the amount of $1,438,092; and
2) Authorize the City Manager to approve up to
an additional ten (10) percent of the estimated total purchase price ($143,809), if needed, to account for uncertain market factors affecting the final price; and
3) Take any additional actions necessary to effectuate the procurement of the vehicles.
Approved unanimously.
22. PAYMENT OF BILLS: ADOPT RESOLUTION NO. 22-83 APPROVING THE CITY WARRANT REGISTER OF DEMANDS DATED OCTOBER 12, 2022
It is recommended that the City Council:
1) Adopt Resolution No. 22-83 approving the Warrant Register dated OCTOBER 12, 2022.
Approved unanimously.
23. APPROVAL OF MINUTES – JUNE 15, 2022 CITY COUNCIL SPECIAL MEETING; JUNE 22, 2022 CITY COUNCIL MEETING; AUGUST 1, 2022 CITY COUNCIL SPECIAL MEETING; AND AUGUST 10, 2022 CITY
COUNCIL AND PUBLIC FINANCING AUTHORITY JOINT MEETING
It is recommended that the City Council:
1) Approve said minutes as written.
Approved unanimously.
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).
None.
COUNCIL ORALS
Council member announcements; requests for future agenda items; conference/meetings reports.
No Council Orals.
• Kimberly A. Cobos-Cawthorne, Mayor
DRAFT
October 12, 2022: City Council and Public Financing Authority Meeting Minutes
• Angie M. Jimenez, Mayor Pro Tem
• David N. Torres, Councilmember
• Scarlet Peralta, Councilmember
• Salvador Melendez, Councilmember
ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on October 26, 2022 at 5:00 p.m. which can be live streamed at www.cityofmontebello.com (Click on Live Stream).
I, Alicia Fernandez, Senior Deputy City Clerk for the City of Montebello hereby certify that a copy of this agenda has been posted on or before Sunday, October 9, 2022 5:00 p.m.
Alicia Fernandez, Senior Deputy City Clerk
Mayor Pro Tem Jimenez motioned, seconded by Councilmember Melendez, to adjourn the meeting at 8:14 p.m.
THE MINUTES OF OCTOBER 12, 2022 ARE HEREBY APPROVED AND ADOPTED ON THIS 16TH DAY OF NOVEMBER 2022.
DRAFT
CLOSED SESSION COMMENTS
1 Padilla, Angelina
From: Margot Eiser <[email protected]>
Sent: Wednesday, October 12, 2022 12:52 PM
To: comment, ccpublic
Subject: [External Email] Public Comments Re: City Council and Public Financing Authority Joint Regular Meeting 10/12/2022
Follow Up Flag: Follow up
Flag Status: Flagged
To: City Council who represent me and others.
From: Margot Eiser, citizen, person, resident, tax payer, voter.
Re: Closed session item 3 and Regular session items 13, 16 and 17. Since I cannot attend in person, please read aloud the complete message during Public Comments before the closed session. of the meeting:
Good evening. Instead of Item 3 closed session and Items 13, 16 and 17, regular session, WE the, the citizens, people, residents, tax payers, voters request that you work with US to IMMEDIATELY implement the more comprehensive and cost effective alternative plan presented by Mr. Landeros. This plan will benefit our entire community by providing more recreation and park space for us and by attracting many, many, many more GOLFERS to come here who will PAY to play on our world famous 18 hole championship PUBLIC GOLF COURSE which will benefit of all of us now and people in the future!!!!
‐‐‐
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***
AGENDA & NON-AGENDA
SPEAKER CARDS
AGENDA & NON-AGENDA
COMMENTS
1 Padilla, Angelina
From: Flores, Dystanie <[email protected]> Sent: Wednesday, September 28, 2022 10:19 PM
To: comment, ccpublic
Subject: [External Email] Wednesday, October 12th Council Meeting - Public Comment Follow Up Flag: Follow up
Flag Status: Flagged
Good afternoon,
My name is Dystanie Flores with the California Department of Insurance, Community Relations and Outreach Branch.
I want to share two programs that I think would benefit the City of Montebello and its residents.
The first is the California’s Low Cost Automobile Insurance program which was established by the Legislature in 1999 as
a state‐sponsored program that requires insurance companies to offer affordable liability auto insurance to licensed drivers that meet certain requirements.
To be eligible for this program, consumers must:
• Have a valid California driver’s license
• Own a vehicle valued at $25,000 or less
•
Meet income eligibility guidelines
• Be at least 16 years of age
• Have a Good Driving Record
The annual premiums in California vary by county – in Los Angeles County, you can get insurance for as low as $483 per year.
If you want to see if you qualify and locate a certified agent in your local area, visit mylowcostauto.com or call 866‐602‐ 8861.
The second program I wanted to share is our Senior Gateway portal which is a one stop shop for seniors and their caregivers. It is a partnership between many state agencies with everything in one spot. You will find information on topics such as avoiding and reporting abuse and neglect; preventing fraud; health care information; your rights and other resources. That website is seniors.ca.gov
And then just wanted to leave you today with our toll free number and website if you any insurance related questions or problems, insurance.ca.gov or call us at 800‐927‐4357.
Thank you!
Dystanie Flores, Outreach Analyst
Community Relations & Outreach Branch
California Department of Insurance
300 South Spring Street, South Tower
Los Angeles, CA 90013
[email protected]
Cell: (213) 220‐7748
2 Due to Governor Newsom’s Executive Order N‐33‐20, COVID‐19 and the preservation of public health and safety throughout the entire State of California, I will be teleworking from home to maintain the continuity of operations until further notice. Please contact me directly to my email and/or my phone number, both listed above. ________________________________________
CONFIDENTIALITY NOTICE: This communication may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use, or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act.
If you are not the intended recipient, please contact the sender and destroy all copies of the communication.
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***
1 Padilla, Angelina
From: Fiona Reimers <[email protected]>
Sent: Friday, September 30, 2022 11:46 AM
To: comment, ccpublic
Subject: [External Email] Public Comment for 10/12/22 Regular City Council Meeting Follow Up Flag: Follow up
Flag Status: Flagged
Chet Holifield Library would like to welcome children ages two to five and their caregivers for a special Día de los Muertos storytime on Tuesday, October 25 at four p.m. There will be stories, songs, and movement. Please register on our website as space is limited. We can't wait to see you for our first storytime in more than two years.
Thank you,
To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.
LA County Library logo
FIONA REIMERS
COMMUNITY LIBRARY MANAGER
LA County Library | Chet Holifield Library
1060 S Greenwood Ave, Montebello, CA 90640
P: 323.728.0421
E: [email protected]
LACountyLibrary.org
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***
COMMENTS RECEIVED
AT COUNCIL MEETING
CITY OF MONTEBELLO
CITY COUNCIL AND PUBLIC FINANCING AUTHORITY
JOINT REGULAR MEETING
MINUTES
WEDNESDAY, OCTOBER 26, 2022 AT 5:00 PM
CITY HALL COUNCIL CHAMBERS
1600
WEST BEVERLY BOULEVARD
MONTEBELLO, CALIFORNIA
OPENING CEREMONIES
CALL TO ORDER
Mayor Cobos-Cawthorne called the meeting to order at 5:05 p.m.
ROLL CALL
Members present were Mayor Cobos-Cawthorne, Mayor Pro Tem Jimenez, Councilmember Peralta, Councilmember Melendez, and Councilmember Torres. City Clerk Jimenez and City Treasurer Gutierrez were also 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 all Department Directors were present.
PUBLIC COMMENTS FOR CLOSED SESSION ITEMS
At this time, the general public may address the City Council/PFA on Closed Session Items. Please be aware that the maximum time allotted for members of the public to speak on Closed Session Items shall not exceed three (3) minutes per person. State Law prohibits the City Council/PFA 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.
There were no Closed Session public comments or speaker cards submitted.
CLOSED SESSION 5:00 P.M.
The City Attorney shall provide a briefing on the item listed for Closed Session as follows:
DRAFT
October 26, 2022: City Council and Public Financing Authority Meeting Minutes
Mayor Cobos-Cawthorne recessed the meeting into Closed Session at 5:06 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 REAL PROPERTY NEGOTIATORS
Governmen
t Code Section 54956.8
Property:
901 Via San Clemente, Montebello CA
Agency’
s Negotiator: René Bobadilla, City Manager
Nego
tiating Party: Topgolf
Unde
r Negotiation: Price and Terms
REGULAR SESSION NO LATER THAN 6:00 P.M.
CLOSED SESSION REPORT
Mayor Cobos-Cawthorne reconvened the meeting at 6:08 p.m. City Attorney Arnold Alvarez-Glasman provided the following report to City Council: a briefing was provided on Item No. 1, no action taken and nothing to report; a briefing was provided on Item No. 2, no action taken and nothing to report. It was noted that Item No. 2 is related to Item No's. 8 and 9, which will be pulled from the agenda.
INVOCATION
Sozenji Buddhist Temple led the City Council in the Invocation.
PLEDGE OF ALLEGIANCE
Muay Thai winners led the City Council in the Pledge of Allegiance.
CORRECTIONS TO THE AGENDA CITY MANAGER
City Manager, René Bobadilla, announced that Item Nos. 8 and 9 would be pulled and discussed at a future meeting.
CEREMONIAL/PRESENTATIONS
3. RECOGNITION OF MUAY THAI TOURNAMENT WINNERS
Presented by Mayor Cobos-Cawthorne.
DRAFT
October 26, 2022: City Council and Public Financing Authority Meeting Minutes
4. RECOGNITION OF SOZENJI BUDDHIST TEMPLE'S 50TH ANNIVERSARY Presented by Mayor Cobos-Cawthorne.
5. BIKE MASTER PLAN/ BIKE RACK INVENTORY PRESENTATION
Presented by Planning Manager, Monica Mercado-Rodriguez, and Director of Public Works, James Enriquez.
Councilmember Peralta asked staff to explain the bike plan implementation, to identify stakeholders, and funding sources.
She further asked when the General Plan would be completed.
Plann
ing Manager Mercado-Rogriguez stated that implementation would be in conjunction with the General Plan.
City
Manager Bobadilla stated that the General Plan would be completed early next year for Council adoption and would
take 6-8 months.
Coun
cilmember Peralta asked if bike racks would be installed at City Hall. City Manager Bobadilla informed Council that they would be able to make the recommendation at the time of adoption.
Coun
cilmember Torres did not understand the various suggestions in the plan; therefore, it was difficult for him to comment on this item.
Coun
cilmember Melen
dez asked if the plan included alternatives and solutions to narrow streets with high traffic; Director Enriquez addressed his concerns.
Mayor
Pro Tem Jimenez thanked the team for progressing the project.
Mayor
Cobos-Cawthorne thanked the staff for the preliminary presentation and for a more thorough staff report.
PUBLIC COMMENTS ON NON-AGENDA AND AGENDA ITEMS (30 MINUTES) At this time, the general public may address the City Council/PFA 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) minutes per speaker.
State Law prohibits the City Council/PFA 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.
The City Clerk’s Office acknowledged eleven (11) speaker card(s) and eight (8) written public comment(s) submitted to the City’s public comment email address. Said speaker card(s) and comment(s) are on file at the City Clerk’s office.
STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST
Director of Recreation and Community Services, David Sosnowski, provided the City Council with an update on the upcoming special events. The events included the Farmer's Market, Halloween Fest, Dia De Los Muertos Celebration, Veterans Day Event, and the Winter Wonderland and Tree Lighting Ceremony.
PUBLIC HEARING
6. FIRST READING AND INTRODUCTION OF ORDINANCE NO'S. 2454, 2455, AND 2456 APPROVING DEVELOPMENT AGREEMENTS (DA02-22, 03-22, AND 04-22) BETWEEN THE CITY OF MONTEBELLO AND CLEAR CHANNEL OUTDOOR, LLC FOR PROPERTY AT 1720 S. BLUFF ROAD, 1633 WASHINGTON DRAFT
October 26, 2022: City Council and Public Financing Authority Meeting Minutes
BOULEVARD, AND 1915 W. WHITTIER BOULEVARD
RECOMMENDATION: It is recommended that the City Council:
1. Introduce and waive first reading of Ordinance No. 2454 approving a Development Agreement (DA 02- 22) by
and between the City of Montebello and Clear Channel Outdoor, LLC for the property located at 1720 S. Bluff Road (Attachment A), and find the project is exempt pursuant to Sections 15061(b)(3) (“Common Sense Exemption”) and
15303 (“New Construction or Conversion of Small Structures”) of the CEQA Guidelines; and
2. Introduce and waive first reading of Ordinance No. 2455 approving a Development Agreement (DA 03- 22) by
and between the City of Montebello and Clear Channel Outdoor, LLC for the property located at 1633 Washington Blvd. (Attachment B), and find the project is exempt pursuant to Sections 15061(b)(3) (“Common Sense Exemption”) and 1530
3 (“New Construction or Conversion of Small Structures”) of the CEQA Guidelines; and
3. Introduce and waive first reading of Ordinance No. 2456 approving a Development Agreement (DA 04- 22) by
and between the City of Montebello and Clear Channel Outdoor, LLC for the property located at 1915 W. Whittier Blvd. (Attachment C), and find the project is exempt pursuant to Sections 15061(b)(3) (“Common Sense Exemption”) and 15303 (“New
Construction or Conversion of Small Structures”) of the CEQA Guidelines; and
4. Take such additional and/or related action that may be desirable.
Director of Planning and Community Development, Joseph Palombi, provided the City Council with a presentation regarding three separate Development Agreements. Approving the agreements would allow the relocation of five existing dual-faced static outdoor advertising signs with five new digital outdoor advertising signs. Furthermore, he explained the fees associated and the benefits of the new signs. Director Palombi was available for any questions.
Coun
cilmember Torres asked Director Palomb
i to address the written comment that was submitted; Director Palombi clarified the concerns addressed in the comment. Furthermore, Councilmember Torres asked clarifying questions regarding the illumination of the signs. Director Palombi explained that if there were any lighting issues with the new digital signs staff would have the ability to dim the lights; additionally, the lights dim automatically during the day and nigh t. Layne
Lawson, Vice Preside
nt of Public Affairs for Clear Channel Outdoor, further clarified how the external lighting is measured and was available to answer any questions.
The
Public Hearing opened at 7:53 p.m. The record should reflect that there were no in-person comments submitted. One written comment was submitted through the City's public comment email address. Said comment is on file at the City Clerk’s office.
The
Public Hearing was
closed at 7:53 p.m.
Councilmember Torres cited Municipal Code 17.62.105 regarding the construction of a new digital display sign and asked Director Palombi to clarify the code. Director Palombi clarified the Municipal Code and stated that the code allows new digital signs per Section 17.62.105 B (C)(2). Councilmember Torres requested clarification of the term; City Manager Bobadilla stated that there was a 20-year exit.
Coun
cilmember Melen
dez motioned, seconded by Mayor Pro Tem Jimenez that the City Council approve the item; Motion passed unanimously.
7. ADOPT RESOLUTION NO. 22-88 TO APPROVE SUBMITTAL OF AN APPLICATION FOR THE PERMANENT
LOCAL HOUSING ALLOCATION (PLHA) PROGRAM FORMULA FUNDING PLAN
RECOMMEND
ATION: It is recommended that the City Council:
1. Cond uct Public Hearing and adopt Resolution No. 22-88 approving the submission of the grant application for the Permanent Local Housing Allocation (PLHA) Program Formula Funding Plan to collect the City’s $1,900,548 five-year allocation; and
2. Hold a Public Hearing for the consideration of approval of the City's Permanent Local Housing Allocation Program Funding Plan and Resolution; and
DRAFT
October 26, 2022: City Council and Public Financing Authority Meeting Minutes
3. Take such additional, related, action that may be desirable.
Fire Chief Fernando Pelaez and Deputy Director of Fire, Angelica Palmeros, provided the City Council a presentation about the history and purpose of the Permanent Local Housing Allocation Program, the City's allocation, the timeline, proposed PLHA 5-year plan, proposed PLHA 5-year budget, social media outreach, and feedback update.
Coun
cilmember Peralta thanked Chief Pelaez and Deputy Director Palmeros for taking the City Council's recommendations into consideration.
Councilmember Melendez asked clarifying questions regarding the rental assistance process and qualifications.
Deputy Director Palmeros stated that most referrals are from the Police Department; individuals must be below 60% at risk; they also look for other areas of need such as medical or mental health; and verification that the individual is homeless.
Coun
cilmember Torres commended Staff for the presentation.
The
Public Hearing opened at 8:15
p.m. The record should reflect that there were no in-person comments submitted.
The
Public Hearing was closed at 8:15 p.m.
Coun
cilmember Peralta motioned to approve the item as recommended by Staff, seconded by Councilmember Peralta; the motion was approved unanimously.
REGULAR BUSINESS
8. AMENDMENT OF AGREEMENTS RELATED TO QUIET CANNON MANAGEMENT AND ASSOCIATED
BUSINESS ENTITIES
RECOMMENDATION: It is recommended that the City Council:
1. Approve the amended Agreements related to the Quiet Cannon Management (QMC) and associated busin
ess entities related to the Golf Course Improvements in substantially the form as presented; and
2. Take such additional, related, action that may be desirable.
This item was pulled by City Manager Bobadilla.
CONSENT CALENDAR
All matters listed under 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.
Councilmember Peralta motioned, seconded by Councilmember Torres that Item No’s. 10 and 11 be approved; the motion passed unanimously.
9. ADOPT RESOLUTION NO. 22-84 APPROVING PLANS AND SPECIFICATIONS FOR THE MONTEBELLO DRIVING RANGE PROJECT – TOPGOLF MONTEBELLO; APPROVING A CONTRACT WITH MCCARTHY
BUILDING COMPANIES FOR CONSTRUCTION AND CONSTRUCTION MANAGEMENT SERVICES FOR THE MONTEBELLO DRIVING RANGE PROJECT – TOPGOLF MONTEBELLO, AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
RECOMMEND
ATION: It is recommended that the City Council:
DRAFT
October 26, 2022: City Council and Public Financing Authority Meeting Minutes
1. Approve final plans and specifications for the Montebello Driving Range Project – Topgolf Montebello (“Project”)
prepared by Aria Group Architects, Inc.; and
2. Approve the waiver of competitive bidding and find that McCarthy Building Companies is the only available and qualified contractor to provide the professional and construction services required to develop the Project; and
3. Approve and award a Guaranteed Maximum Price (GMP) Construction Contract to McCarthy Building
Companies for construction and construction management services for the Project; and
4. Approve a Notice of Exemption for the subject project and authorize the City Clerk to file the Notice of Exemption with the Los Angeles County Registrar-Recorder; and
5. Authorize the City Manager to make necessary non-monetary changes to the Construction Contract within the Guaranteed Maximum Price (not-to-exceed the net proceeds of the bonds) before execution; and
6. Authorize the City Manager to execute the Construction Contract in a form approved by the City Attorney; and
7. Take any other additional actions necessary.
This item was pulled by City Manager Bobadilla.
10. ADOPT RESOLUTION NO. 22-87 FOR AN AWARD FROM THE CALIFORNIA DEPARTMENT OF FORESTRY
AND FIRE PROTECTION (CAL FIRE) FIRE PREVENTION GRANTS PROGRAM
RECOMMEND
ATION: It is recommended that the City Council:
1. Adopt Resolution NO. 22-87 for an award from the California Department of Forestry and Fire Protection (CAL
FIRE) Fire Prevention Grants Program; and
2. Take such additional, related, action that may be desirable.
Approved unanimously.
11. PAYMENT OF BILLS: ADOPT RESOLUTIO N NO. 22-85 APPROVING THE CITY WARRANT REGISTER OF DEMAN
DS OCTOBER 26, 2022
RECOMMEND
ATION: It is recommended that the City Council:
1. Adopt Resolution No. 22-85 approving the Warrant Register dated October 26, 2022.
Approved unanimously.
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).
None.
COUNCIL ORALS
Council member announcements; requests for future agenda items; conference/meetings reports.
No Council Orals.
• Kimberly A. Cobos-Cawthorne, Mayor
DRAFT
October 26, 2022: City Council and Public Financing Authority Meeting Minutes
• Angie M. Jimenez, Mayor Pro Tem
• David N. Torres, Councilmember
• Scarlet Peralta, Councilmember
• Salvador Melendez, Councilmember
ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on November 16, 2022 at 5:00 p.m. which can be live streamed at www.montebe lloca.gov (Click on Live Stream).
I, Alicia Fernandez, Senior Deputy City Clerk for the City of Montebello hereby certify that a copy of this agenda has been posted on or before Sunday, October 23, 2022 5:00 p.m.
Alicia Fernandez, Senior Deputy City Clerk
Mayor Cobos-Cawthorne adjourned in memory of Lions Club Member Jerry Banuelos. Councilmember Peralta motioned, seconded by Councilmember Melendez to adjourn the meeting at 8:19 p.m.
Mayor Cobos-Cawthorne announced that the regular meeting scheduled for November 9, 2022, has been changed to November 16, 2022.
THE MINUTES OF OCTOBER 26, 2022 ARE HEREBY APPROVED AND ADOPTED ON THIS 16TH DAY OF NOVEMBER 2022.
DRAFT
AGENDA & NON-AGENDA
COMMENTS
From: Alix Alcazar
To: comment, ccpublic
Subject: [External Email] Anonymous Comment
Date: Wednesday, October 19, 2022 12:21:08 PM
***Please redact identifying information (email)***
Montebello Leadership:
I am submitting this comment to ask you for inclusion of a rent control measure initiative on your 5 year plan.
I am a current resident and I went to MHS. I am happy to see many changes to attract outside customers; however, I am afraid that the projects funded by current residents will be enjoyed by new residents who can afford paying rent. In the future, I don’t know if I’ll be able to afford living here or will lose my housing.
Moreover, the current line items in your plan looked like a temporary solution rather than long-term. What happens when the funds are depleted? To protect current residents who love the city, please create an initiative for rent control. I hope this falls under the allowed items for this type of funding.If not, maybe is something to further discuss in other meetings.
Also, please share the email address to submit comments in your social media post.
Thank you.
-Montebello Resident
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***
1 Fernandez, Alicia
From: Robert Heredia <[email protected]>
Sent: Wednesday, October 19, 2022 1:26 PM
To: comment, ccpublic
Subject: [External Email] Voter integrity
Follow Up Flag: Follow up
Flag Status: Flagged
To city of Montebello,
My name is Robert Heredia, I am new to Montebello. I am writing you due to my great concern about voter integrity.
We are having a issue across the nation with ballot harvesters. I spoke with a kind woman at the Montebello City Clerk Office and she stated that our ballot drop boxes do not have stand in security workers or cctv cameras. No security opens our city to ballot harvesters. Currently their are 4 open investigations regarding this very issue across the nation.
What is the City of Montebello doing to ensure this kind of thing isn’t happening in our town?
To make matters worse LA County District attorney George Gascon is investigating a case were CEO of a voting software company called Konnech was arrested in Michigan for anchoring poll worker data, drop box GPS locations and access to the voting systems on a server in China. This company contracted with several counties across the United States. Sadly, LA county is one of these counties that has this kind of relationship. (Hence why LA DA George Gascon is now involved).
To make matters even worse…CEO of Konnech “Eugene Yu” has contracted with private contractors in China giving them full administrative access to our voting systems. This is a matter of national security at this point.
Out voting turnouts are being manipulated.
What is the city of Montebello doing to contribute to end of voter fraud?
I’d appreciate your professional and kind reply. My suggestion is that we install cameras by the drop boxes.
During early voting and up to final day before elections…we film. Also, we could ask for volunteers from the community of Montebello to stand and guard the drop boxes to deter ballot harvesters.
I also suggest that city of Montebello publishes the causes for a felony regarding this subject on the website. (Home page in bold red font). This way, should any individual thinking to commit this kind of fraud will think twice. I also suggest sending a mailer to all Montebello residents (maybe a postcard) showing the rules for voting and mail in ballot voting which could also include the causes for arrest and a felony plus fines. ($$$).
I also suggest bringing in the sheriffs department and organizing a relationship with them on this to ensure the safety of all the city workers and residents of Montebello during these times of grace concern and question regarding our elections.
2 Voter integrity is everyone’s problem. Our public officials/representatives are elected by the people not by non- government organizations. Thank you for reading my email, I look forward to your reply.
Robert Heredia
Sent from Proton Mail for iOS
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***
1 Fernandez, Alicia
From: huffym <[email protected]>
Sent: Tuesday, October 25, 2022 1:00 PM
To: comment, ccpublic
Subject: [External Email] Hotel Management Agreement
Follow Up Flag: Follow up
Flag Status: Completed
Since I am a resident of Montebello I have a concern as to why our City Manager would want to extend the management of our City owned hotels at the Quiet Canon for an agreement of 30 long years!
What is the reasoning behind this thinking? This cannot be good for our City. Why not negotiate for a shorter time period or let other operators provide bids and perhaps, at a lower cost for a shorter time.
Another point I would like to voice is that legal agreement documents should be presented to all interested residents. Shouldn't these docs be attached to the council agenda packet?
The council needs to be transparent in every move they make for the city of Montebello. Residents need to know what our elected officials are voting on for Montebello. As a resident I will be watching as will my fellow neighbors.
Thank you.
J. Huffines
Sent from my Galaxy
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***
1 Fernandez, Alicia
From: Veronica Cabrera <[email protected]>
Sent: Tuesday, October 25, 2022 5:15 PM
To: comment, ccpublic
Subject: [External Email] PLHA section of agenda
Follow Up Flag: Follow up
Flag Status: Completed
Hello mayor, council members, staff and community members.
I am writing in to support the the Permanent Local Housing Allocation (PLHA). Thank you to our leaders and staff for your attention to this need in our community. I am a lifetime resident of Montebello, Licensed Clinical Social Worker and community housing expert. I would like to ask that you consider bringing community out with more creative ways then just the public hearings identified on this draft. Maybe Montebello can host a housing/ resource fair where community can get information on this PLHA and resources in Montebello and neighboring communities. I also highly encourage and request you all to include an oversight committee where you can invite community stakeholders such as residents to be involved in this process. I hope you all consider the importance of community oversight and accountability in our work for equity in our community. Thank you for your time.
Veronica Rodriguez‐Cabrera
‐‐‐
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***
1 Fernandez, Alicia
From: Randy Rodriguez <[email protected]>
Sent: Tuesday, October 25, 2022 5:37 PM
To: comment, ccpublic
Subject: [External Email] City of MTB and Quiet Cannon Management Follow Up Flag: Follow up
Flag Status: Completed
The City of Montebello should not extend the hotel management agreement with Quiet Cannon Management for city owned hotels for 30 yrs. This isn't a good financial/legal decision. The city should negotiate for a shorter term or go with another operator. Plus the legal agreements weren't attached to the council agenda packet. The public should be able to see these documents before council votes on this long term agreement.
Randy Rodriguez
MTB Resident 30 years
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***
1 Fernandez, Alicia
From: Yvette Fimbres <[email protected]>
Sent: Tuesday, October 25, 2022 9:40 PM
To: comment, ccpublic
Subject: [External Email] Public Comment for Wednesday, October 26, 2022 Council Meeting - Item 8 on the agenda
Follow Up Flag: Follow up
Flag Status: Completed
Good evening Councilmembers,
I write this email in my personal capacity as a constituent and 1st amendment right. This evening the City Manager has placed on the agenda Item 8 to extend the current hotel management agreements between the QCM affiliated parties and the City for a period of thirty years. How come the contract was not posted for us residents to review and provide input? I believe it to be foolish to award and extend anyone a contract for thirty years. The contract is not due to expire until 2032/2033. Why is there a need to place on tonight’s agenda to extend the contract for another 30 years? What has been the financial performance of the hotels since 2017? Why is the City not placing this contract for bid? Why are we paying $1.3 million a year to manage the hotels that make the City no money? The residents of Montebello want answers. We want to transparency. Bottomline, that item proposal is asinine! Tonight, we will all be watching to hear the votes made on this item. I encourage you all to vote No.
Thank you.
CONFIDENTIALITY NOTICE: The contents of this email message and any attachments are intended solely for the addressee(s) and may contain confidential and/or privileged information and are legally protected from disclosure. Any unauthorized review, use, disclosure or distribution is prohibited and may violate applicable
laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender by reply e‐mail and destroy all copies of the original message.
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***
From: Alex Nejapa
To: comment, ccpublic
Cc: Cobos-Cawthorne, Kimberly Ann; Jimenez, Angie; Melendez, Salvador; Peralta, Scarlet; Torres, David Subject: [External Email] Agenda #6 Digital Display Signs Date: Wednesday, October 26, 2022 1:56:57 PM
Honorable Mayor and City Council Members:
Tonight you will decide whether to approve 3 digital display signs within the city.
The agenda suggests
that the signs fully comply with MMC 17.62.105 requirements but they do not.
The agenda fails to mention that digital signs MUST BE located within the Digital Display Sign Corridors.
The Sign Corridor is defined as: within 200 feet of the I-5 Freeway and 600 feet of the 60 Freeway. Also,
digital signs are not permitted within 200 feet of residentially zoned property.
None of the digital signs in this agenda are located within the freeway corridor. One of the signs is
next to a residential zone to the West, North and South.
The agenda misdirects the Council by ignoring the code and veering off into General Plan goals and the
$50,000 the city will receive in annual revenues; both of which have nothing to do with the freeway corridor requirement.
The ordinance is misleading in that it asks Council to determine that these non- compliant digital signs are in the
best interest of the residents. Then, buried in the ordinance, is a misuse of the city’s POLICE POWERS.
POLICE POWERS, as described by the Institute for Local Government, are used for the protection
of
public health, safety or welfare.
The ordinance says adopting these Agreements requires the exercise of the city’s POLICE POWERS. Here,
the POLICE POWER in not for the protection of public health, safety or welfare, but to ignore and override
city law regarding the freeway corridor requirement.
The Planning Commission likely did not know of these requirements as well and may have
recommended their approval under false pretenses.
In summary, this agenda fails the public trust in two ways. First, it fails to inform the Council that signs
MUST BE within the freeway corridor in order to be approved; second, buried in the ordinance it asks Council to exercise the
city’s POLICE POWER as the mechanism to override city law and approve the Agreements.
There were so many opportunities in this process for staff to be forthcoming.
The Council is responsible to be a steward of the public trust. The Council should not resort to POLICE
POWERS to violate city law. Upholding the city’s laws, the public interest and the public trust is worth more than
$50,000 a year.
A. Nejapa
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***
[email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected]; [email protected] Subject: [External Email] From: Caltrans District 7 - TWO EVENTS (Clean CA Local Grant Program - Workshop on Cycle 2 ) & (In-Person Career Fair)
Date: Wednesday, October 26, 2022 12:07:40 PM
Attachments: image001.png
image002.png
image003.png
image005.png
image006.png
image007.png
image008.png
image009.png
image010.png
image011.png
Caltrans D7 In Person Career Fair Nov 9 2022.pdf
Caltrans Clean CA Cycle 2 CCLGP Workshop #1 Nov 3 2022.pdf To: Legislative, Regional, and Local Elected Officials.
From: Caltrans District 7 (Los Angeles and Ventura counties)
October 26, 2022
Caltrans has two upcoming events that we would like to share with you and your constituents. Please share the attached flyers on your website to promote the following:
1. Caltrans Clean California Local Grant Program (CCLGP) Workshop on Cycle 2 The Clean California Local Grant Program (CCLGP) announces a one- time increase of funding for the program slated to be enacted in the FY 2023-2024 State budget. In anticipation that those funds will be included in next year's budget, Caltrans is preparing a Cycle 2.
Join us on Thursday, November 3, 2022, from 1 PM to 2:30 PM to learn more about Cycle 2 and our proposed updates to the program guidelines. You can register here
.
We want to streamline and simplify the program for Cycle 2, and we need your feedback on the new guidelines to do it!
In addition to holding the upcoming workshop, we will also be updating our web page with more information on Cycle 2. Stayed tuned for updates to this page in the coming
weeks: https://cleancalifornia.dot.ca.gov/local-grants/local-grant- program.
We look forward to seeing you at the workshop!
Caltrans contact:
Hammer Sui, PE
Clean California Program Coordinator
Caltrans District 7 Maintenance Division
Email: [email protected]
2. CALTRANS D7 – IN PERSON CAREER FAIR – Wednesday, November 9, 2022 (8:30 AM– 11:30 AM)
Caltrans District 7 is hosting In Person Career Fair on Wednesday, November 9 (8:30 AM– 11:30 AM).
Caltrans contact:
Jenna L. Dookun
Employee Engagement Manager
Email: [email protected]
State of California |
Caltrans-District 7
Maria Raptis
Staff Services Manager I
Governmental and Legislative Affairs, Small Business Outreach Program, and Public Records Caltrans District 7 (Los Angeles and Ventura counties)
[email protected]
Submit a Customer Service Request:
https://csr.dot.ca.gov
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***
SCAN HERE TO
LEARN MORE & APPLY
WE ARE
HIRING!
OPPORTUNITY AWAITS AT
Apply in
3 easy steps
1. Create a CalCareers Account
2. Take an Exam
3. Apply for Jobs
Medical, Dental, Vision, Paid Sick
Leave and Retirement Benefits!
Let’s
connect
[email protected]
916-227-7858
DOT.CA.GOV
@CALTRANSDIST7 FACEBOOK.COM/CALTRANSD7
www.surveymonkey.com/r/
marysvilleishiring
AT OUR IN-PERSON
CAREER EVENT
11/09/22
DISTRICT 7
8:30AM—11:30AM
CALTRANS PLAZA
100 S. MAIN STREET
LOS ANGELES, CA
90012
SCAN
HERE TO
LEARN
MORE &
APPLY
CalCareers.ca.gov
LOS ANGELES
MULTIPLE CALTRANS
VACANCIES AVAILABLE:
Caltrans Heavy Equipment Mechanic
Equipment Materiel Specialist (Parts)
Junior Engineering Technician
Transportation Engineering Technician
Transportation Engineer (Civil)
Caltrans Heavy Equipment Mechanic
Apprentice
WORKSHOP #1
NOVEMBER 3, 2022
1:00 PM - 2:30 PM
REGISTER HERE
Stakeholders are invited to
participate in an online
workshop about Cycle 2 of
the Clean California Local
Grant Program and
proposed updates to the
guidelines.
CLEANCALIFORNIA
LOCAL GRANT PROGRAM
FIRST WORKSHOP ON
CYCLE 2
The Clean California Local
Grant Program will be offering
a second cycle of funding! The
program will continue to
provide communities with
funding to beautify and
improve streets and roads,
tribal lands, parks, pathways
and transit centers to restore
pride in public spaces.
For more information on this
program, click HERE.
Questions? [email protected]
Join our mailing list HERE
ITEM # 26
CITY OF MONTEBELLO
CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA STAFF REPORT
TO:
Honorable Mayor and City Council Members
FROM:
Arnold Glasman, City Attorney
René Bobadilla, City Manager
BY:
Arnold Glasman, City Attorney
SUBJECT: AMENDMENT OF AGREEMENTS RELATED TO QUIET CANNON
MANAGEMENT AND ASSOCIATED BUSINESS ENTITIES
DATE: November 16, 2022
RECOMMENDATION(S):
It is recommended that the City Council and Public Financing Authority:
1. Approve the amended Agreements related to the Quiet Cannon Management (QMC) and associated business entities related to the Golf Course Improvements in substantially the form as presented; and
2. Take such additional, related, action that may be desirable.
FISCAL IMPACT:
There is a fiscal impact in Quiet Cannon Management (QCM) permitting Topgolf to control food and beverage service at the Topgolf location only, The annual in-lieu amount would begin at $250,000 annually, with the first payment due upon the commencement date (i.e., the date on which the Topgolf project receives a temporary or final certificate of occupancy). This annual amount would be adjusted at the same time and in the same amount as the "Base Rent" that Topgolf remits to the City as outlined in the previously approved sublease between the City and Topgolf.
BACKGROUND/DISCUSSION:
Since 1974, Quiet Cannon Management (QCM) and their predecessor has been in contract with the City of Montebello to operate the Quiet Cannon banquet and meeting location, club house facility and related properties at the golf course. This contract
CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF NOVEMBER 16, 2022
included exclusive rights for food and beverage sales and distribution for these various properties. When the Hilton Garden Inn and Home 2 Suites were constructed, QCM’s exclusive rights were extended to these two properties.
The City has recently expressed its intent to improve the golf course property to remodel and construct new golf course facilities, a new club house property and Topgolf driving range and entertainment complex, as evidenced by City Council action on September 14 and 28, 2022 approving financing plans for the projects. In order to provide these improvements and recognize the exclusive food and beverage rights of QCM, certain agreements must be entered into between the City and QCM to assist in the development of the improvements, yet preserve the rights of QCM.
The agreements presented to the City Council are necessary to accomplish the objectives of defining QCM’s role and rights vis-a-vis the new improvements at the Golf Course property.
ENVIRONMENTAL IMPACT:
Pursuant to the provisions of CEQA Section 15061(b)(3), the project is considered covered by the common sense exemption. The common sense CEQA exemption section states that “CEQA applies only to projects which have the potential for causing a significant effect on the environment” and also states that “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” Consideration of the above-referenced agreements by the City Council does not have the potential to degrade the quality of the environment or have a significant effect on the environment. Any future development will be subject to compliance with the Surplus Land Act, CEQA, and other applicable laws and regulations.
ANALYSIS:
N/A
SUMMARY:
There are multiple agreements presented to the City Council for consideration and approval (all agreements will be presented prior to the City Council meeting):
Assignment and Release of Food and Beverage Service Rights Between Trend Sports II and the City of Montebello.
Food and Beverage Assignment by and between Quiet Cannon Management and Trend Sports II.
Food and Beverage Agreement for the Golf Course Clubhouse between QCM and the City of Montebello.
If approved, these agreements would accomplish the following:
CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF NOVEMBER 16, 2022
Result in QCM waiving their exclusive food and beverage rights to Topgolf for the Topgolf Facility only and would reconfirm QCM’s rights over all other newly constructed facilities.
Transfer the QCM rights to Trend Sports II to operate the food and beverage rights over the newly constructed facilities.
ATTACHMENT(S)
1. Attachment A - Agr. No. 4042, Trend QCM FB Assignment
2. Attachment B - Agr. No. 4043, City Trend FB Rights
3. Attachment E - Agr. No. 4044, City QCM Clubhouse
NEXT STEPS:
N/A
- 1 -
08042022
CITY OF MONTEBELO AGREEMENT NO. 4042
FOOD & BEVERAGE ASSIGNMENT AGREEMENT BY
AND BETWEEN QUIET CANNON MONTEBELLO & TREND SPORTS II
This ASSIGNMENT AGREEMENT ("Agreement"), dated as of this 2 nd day of Novmber, 2022 ("Effective Date"), is made by and between Quiet Cannon Montebello Inc., a California corporation (“QCM”), and Trend Sports II llc, a California limited liability company ("Trend Sports"), with reference to the following facts:
RECITALS
A. QCM is the “Licensee” under that certain unrecorded License Agreement entered into with the City and originally dated August 15, 1978, and subsequently amended multiple times (the “License Agreement”).
B. The License Agreement concerns that certain real property owned by the City and generally located at the locations now known as 801 through 1000 Via San Clemente, City of Montebello, California, 90640, and commonly known as the Montebello Municipal Golf Course as is depicted in the site map set forth in Exhibit “A” (hereinafter the “Golf Course” or “Property”). Among other things and as relevant here, the License Agreement grants QCM the exclusive right to provide, prepare, distribute, serve and sell all food, beverage, and all other consumables, including smoke and tobacco related products, to patrons of the Golf Course (“Golf Course F&B Rights”), as such Golf Course F&B Rights are specifically detailed in the License Agreement.
C. The City intends to upgrade and modernize the Golf Course with a two (2)-part project: (1) construction of a modern driving range complex with entertainment, restaurant / bar, and retail amenities (“Driving Range Project”) on the portion of the Golf Course depicted in Exhibit “B” (“Driving Range Site”) that, following construction, will be operated by a third- party selected by the City under a lease agreement (“Driving Range Lease”); and (2) redesign and modernization of the remaining Golf Course Property with a new 9-hole course, 6-hole course and Club House Facility and associated amenities (the “Modernization Project”).
D. The City anticipates the Driving Range Project will include the preparation, distribution, service, and sale of food, beverages, and other consumables to patrons of the Driving Range Site for the duration of the Driving Range Lease (“Driving Range F&B Service”), and the City desires to avoid a conflict with QCM’s rights under the License Agreement by obtaining QCM’s consent and approval to provide the Driving Range F&B Service.
E. QCM desires to consent to the Driving Range Project and release the Driving Range F&B Service from the scope of the License Agreement, and in connection therewith QCM desires to assign its rights to the Driving Range F&B Service to Trends Sports by way of this Agreement.
- 2 -
F. Section 27 of the License Agreement, as amended, allows QCM to assign its rights under the License Agreement with the prior written consent of the City, which consent may not be unreasonably withheld, and the City has consented to this Agreement by its acknowledgment herein below.
NOW THEREFORE, in consideration of the mutual promises, covenants, and conditions herein contained and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
1. Recitals. The Recitals set forth above are true and correct incorporated and made a material part of this Agreement.
2. Term. This Agreement shall be effective on the date first set forth above (“Effective Date”), and the term of this Agreement expire until the first of the following dates to occur: (a) the date on which the Driving Range Lease expires or terminates; or (b) the date on which the License Agreement expires or terminates.
3. Should the length of this Agreement and/or the Topgolf/City Agreement extend beyond the term of the City/QCM License Agreement for any reason, the License Agreement shall automatically be extended to mirror the term of the Topgolf/City Agreement. Assignment of License. QCM hereby assigns and transfers any and all rights and interests it may have to or in the Driving Range Site, including but not limited to the Golf Course Food & Beverage Rights arising under the License Agreement, to Trend Sports, and Trend Sports hereby accepts and assumes all such rights and interests of QCM. This assignment by QCM is irrevocable for the term of hereof. For any reason should QCM cease to be a legal entity or to lose its entitlement rights under the License Agreement, Trend Sports or its assignee shall become the successor of QCM to the License Agreement and shall assume all rights and obligations related thereto without any further action or documentation by the City or Trend Sports or its assignee. Such assignee of Trend, which may be a single purpose entity, shall be approved by the City Manager whose approval shall not be unreasonably withheld.
4. Consideration. Trend Sports shall provide compensation to QCM for this Agreement as follows: The food and beverage rights within this Agreement being compensated for have a significant fair market value based on the valuation of food and beverage volume and profitability of the expected use of the Driving Range Site - and due to the commonality of ownership between QCM and Trend Sports, QCM will be compensated by Trend in the amount of seventy five thousand dollars ($75,000) annually. This reduction due to commonality of stockholders and members ownership in no way diminishes or reduces the real or fair market value of the food and beverage rights for the Driving Range Site.
5. Assignment of Rights by Trend Sports. Trend Sports may assign its rights under this Agreement to any third-party of its choice, provided such assignee agrees to be bound by and agree to the terms and conditions of this Agreement, and notice of such assignment is provided prior to the effective date thereof. Such assignee, which may be a single purpose entity, must be acknowledged by the other Party, whose acknowledgment shall not be unreasonably withheld.
- 3 -
6. Governing Law. This Agreement and the legal relations between the parties hereto shall be governed by and construed and enforced in accordance with the laws of the State of California. Any action by either party shall be taken in Los Angeles County.
7. No Other Agreement. This Agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes all prior agreements and understandings between the parties. There are no agreements or understandings between the parties and no representations by either party to the other as an inducement to enter into this Agreement, except as expressly set forth herein.
8. Notices. Any notice which is required, or which may be given hereunder may be delivered or mailed to the party to be notified, as follows:
If to Trend Sports: Trend Sports II llc
17662 Irvine Blvd Suite 4
Tustin, CA 92780
Attn: Managing Member
With a copy to: Trend Sports II llc
980 Via San Clemente
Montebello, CA 92780
Attn: Managing Member
With a copy to: Harper & Burns LLP
453 Glassell Street
Orange, CA 92666
Attn: John Harper, Esq.
If to QCM: Quiet Cannon Montebello Inc.
17662 Irvine Blvd Suite 4
Tustin, CA 92780
Attention: President/CEO
With a copy to: Harper & Burns LLP
453 Glassell Street
Orange, CA 92666
Attn: John Harper, Esq.
9. Counterparts. This Agreement may be executed in counterparts, each of which when so executed shall be deemed an original, and all of which, together, shall constitute one and the same instrument.
10. Condition of Effectiveness of this Agreement. This Agreement is operational and effective only upon the approval of any and all Topgolf agreements for construction and operation with the City for the Driving Range Project and Modernization Project.
- 4 -
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
Trend Sports II llc
____________________________________
Its Managing Member, Brad Perrin
Quiet Cannon Montebello Inc.
____________________________________
Its President/CEO, Brad Perrin
Approved as to form:
_____________________________
John Harper, Counsel for
QCM and Trend Sports
Consent and Acknowledgement
ATTEST: CITY OF MONTEBELLO
By: By:
City Clerk City Manager
Approved as to Form:
By:
City Attorney
- 5 -
EXHIBIT A
DESCRIPTION OF SITE
01005.0012/247795.1 - 1 -
144374
CITY OF MONTEBELLO AGREEMENT NO. 4043
ASSIGNMENT AND RELEASE OF FOOD & BEVERAGE SERVICE RIGHTS BETWEEN TREND SPORTS II / QUIET CANNON MONTEBELLO INC. & CITY
OF MONTEBELLO
This FOOD & BEVERAGE AGREEMENT ("Agreement") is dated as of this 2 nd day of November, 2022 ("Effective Date"), and is made by and between the City of Montebello, a California Municipal Corporation (“City”), and Trend Sports II llc, a California limited liability company ("Trend Sports," with City and Trend at times referred to herein as a “Party,” or jointly as the “Parties”), and is agreed to and acknowledged by Quiet Cannon Montebello Inc. a California corporation (“QCM”), with reference to the following facts:
RECITALS
A. QCM is the “Licensee” under that certain unrecorded License Agreement entered into with the City and originally dated August 15, 1978, and subsequently amended multiple times (the “License Agreement”).
B. The License Agreement concerns that certain real property owned by the City and generally located at 988 Via San Clemente, City of Montebello, California, 90640, and commonly known as the Montebello Municipal Golf Course as is depicted in the site map set forth in Exhibit “A” (hereinafter the “Golf Course” or “Property”). Among other things and as relevant here, the License Agreement grants QCM the exclusive right to provide, prepare, distribute, serve and sell all food, beverage, and all other consumables to patrons of the Golf Course (“Golf Course F&B Rights”), including such Golf Course F&B Rights are specifically detailed in the License Agreement.
C. The City intends to upgrade and modernize the Golf Course with a two (2)-part project: (1) construction of a modern driving range complex with entertainment, restaurant / bar, and retail amenities (“Driving Range Project”) on the portion of the Golf Course depicted in Exhibit “B” (“Driving Range Site”) that, following construction, will be operated by a third-party selected by the City under a lease agreement (“Driving Range Lease”); and (2) redesign and modernization of the remaining Golf Course Property with a new 9-hole course, 6-hole course, the new clubhouse facility and associated amenities (the “Modernization Project”).
D. The City anticipates the Driving Range Project will include the preparation, distribution, service, and sale of food, beverages, and other consumables to patrons of the Driving Range Site for the duration of the Driving Range Lease (“Driving Range F&B Rights”), and the City desires to avoid a conflict with QCM’s rights under the License Agreement by obtaining QCM’s consent and approval to provide the Driving Range F&B Rights.
E. QCM desires to consent to the Driving Range Project and release the Driving Range F&B Rights from the scope of the License Agreement, and in connection therewith QCM has entered into that certain Food & Beverage Assignment Agreement with Trend Sports dated even
- 2 -
with this Agreement and pursuant to which QCM has assigned the Driving Range F&B Rights to Trend Sports.
F. Trend Sports now desires to effectuate the waiver and release of the Driving Range F&B Rights subject to the terms and conditions set forth herein, and which terms have been mutually agreed to by QCM and the City respectively.
NOW THEREFORE, in consideration of the mutual promises, covenants, and conditions herein contained and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
1. Recitals. The Recitals set forth above are true and correct incorporated and made a material part of this Agreement.
2. Term. This Agreement shall be effective on the date first set forth above (“Effective Date”), and the term of this Agreement expire until the first of the following dates to occur: (a) the date on which the Driving Range Lease expires or earlier terminates; or (b) the date on which the License Agreement expires or earlier terminates. Should the length of this Agreement and/or the Topgolf/City Agreement extend beyond the term of the City/QCM License Agreement for any reason, the License Agreement shall automatically be extended to mirror the term of the Topgolf/City Agreement.
3. Assignment and Release of Driving Range F&B Rights. Trend Sports, as owner of all of QCM’s rights arising under the License Agreement to prepare, distribute, serve, and/or sell food, beverages, and other consumables to the Driving Range Site for the term of the Driving Range Lease, including any extended term as set forth in the Topgolf/City Agreement including but not limited to the Driving Range F&B Rights, does hereby assign, release, and discharge any and all such rights to and in favor of the City, and its authorized lessees or assignees, for the term of the Driving Range Lease. QCM, as original licensee under the License Agreement, does hereby agree and consent to the waivers and releases in this section.
4. Assignment. Either Party may assign their rights and obligations under this Agreement to any third-party of choice, provided such assignee agrees to be bound by and agree to the terms and conditions of this Agreement, and notice of such assignment is provided prior to the effective date thereof. Such assignee, which may be a single purpose entity, must be acknowledged by the other Party, whose acknowledgment shall not be unreasonably withheld.
6. Office Space. Trend shall be allowed to provide services from up to three office trailers with patio/landscaping deck with a designated address at 980 Via San Clemente Montebello CA 90640 during the term of this Agreement in the parking lot above Home2 Suites.
Trend shall pay for the trailers 100% in full and pay City one dollar ($1.00) per annum plus 100% of its electrical costs for the operation of the trailers.
7. Website Domains. Trend Sports has the following web domains: 1) bellaverde.com, 2) bellaverdegolf.com, 3) bellaverderesort.com, 4) bellaverdegolfclub.com, 5) resortatbellaverde.com, 6) bellaverderesortandgolfclub.com, which shall be utilized by City for the marketing, promotion, and digital web presence of the overall development “The Resort at
- 3 -
Bella Verde Golf Club”. For consideration of the utilization of these web domains, which does not include web design or hosting services, City shall pay Trend Sports eight hundred dollars ($800.00) monthly throughout the course of this Agreement with an annual CPI adjustment. City shall have the right to sublet said domains to the golf operator if desired, so long as Trend Sports maintains the control of the domain.
8. Consideration. For and in consideration for the rights assigned to and released in favor of the City by way of this Agreement, Trend Sports shall receive compensation from City as follows:
(a) Between the Effective Date and the date on which the Driving Range Project receives a temporary or final certificate of occupancy from the City (“Commencement Date”), there shall be no payments or other charges due or payable by the City. (b) Following the Commencement Date, beginning the first “Lease Year” of the Driving Range Lease and during each Lease Year thereafter, the City shall pay to Trend Sports the sum of Two Hundred Fifty Thousand Dollars ($250,000.00) (“Licensing Fee”) per year, provided that the Licensing Fee shall be increased in the same percentage and at the same time(s) as increases to the “Base Rent” under the Driving Range Lease are applied to the tenant thereunder, including any and all options, extensions and renewals of the Driving Range Lease. The City shall make the annual payments of the Licensing Fee described in this section to Trend Sports equal monthly installments to be made on the first day of the month during the term of this Agreement. “Lease Year” and “Base Rent” shall have the same meanings as in the Driving Range Lease. (c) Notwithstanding anything contained in this Agreement to the contrary, if Base Rent that is due the City under the Driving Range Lease is not paid for any reason whatsoever, and as a result of which the City is deprived a portion of the expected benefits and revenues to be generated from the Driving Range Project, then the Franchise Fee that would otherwise have been due under this Agreement shall be abated for the same period of time and in a percentage of the same amounts of rent received by the City. Notwithstanding the foregoing, the City shall take all reasonable steps and available remedies to collect lease revenues from the Driving Range Lease tenant.
9. Governing Law. This Agreement and the legal relations between the parties hereto shall be governed by and construed and enforced in accordance with the laws of the State of California. The venue for any legal action by either party to enforce or interpret this Agreement shall be the Superior Court of Los Angeles County.
10. No Other Agreement. This Agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes all prior agreements and understandings between the parties. There are no agreements or understandings between the parties and no representations by either party to the other as an inducement to enter into this Agreement, except as expressly set forth herein.
11. Notices. Any notice which is required, or which may be given hereunder may be delivered or mailed to the party to be notified, as follows:
- 4 -
If to Trend Sports: Trend Sports II llc
17662 Irvine Blvd Suite 4
Tustin, CA 92780
Attn: Managing Member
With a copy to: Trend Sports II llc
980 Via San Clemente
Montebello, CA 92780
Attn: Managing Member
With a copy to: Harper & Burns LLP
453 Glassell Street
Orange, CA 92666
Attn: John Harper, Esq.
If to City: City of Montebello
1600 W Beverly Boulevard
Montebello, CA 90640
Attention: City Manager
With a copy to City’s Counsel:
Arnold M. Alvarez-Glasman, Esq.
13181 Crossroads Pkwy North
Suite 400 - West Tower
City of Industry, CA 91746
12. Counterparts. This Agreement may be executed in counterparts, each of which when so executed shall be deemed an original, and all of which, together, shall constitute one and the same instrument.
13. Condition of Effectiveness of this Agreement. This Agreement is operational and effective only upon the approval of any and all Topgolf agreements for construction and operation with the City for the Driving Range Project and Modernization Project. [END OF TEXT. SIGNATURE PAGE TO FOLLOW.]
- 5 -
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
ATTEST: CITY OF MONTEBELLO
By: By:
City Clerk City Manager
Approved as to form:
By:
City Attorney
Trend Sports II llc
____________________________________
Its Managing Member, Brad Perrin
Quiet Cannon Montebello Inc.
____________________________________
Its President/CEO, Brad Perrin
Approved as to form:
_____________________________
John Harper, Counsel for QCM and Trend Sports
- 6 -
EXHIBIT A
DESCRIPTION OF GOLF COURSE
- 7 -
Exhibit “B”
DEPICTION OF DRIVING RANGE SITE
- 1 -
08042022
CITY OF MONTEBELLO AGREEMENT NO. 4044
FOOD AND BEVERAGE AGREEMENT
FOR THE NEW GOLF COURSE CLUBHOUSE
BETWEEN
QUIET CANNON MONTEBELLO & CITY OF MONTEBELLO
This FOOD & BEVERAGE AGREEMENT ("Agreement") is dated as of this 2nd day of November, 2022 ("Effective Date"), and is made by and between the City of Montebello, a California municipal corporation (“City”), and Quiet Cannon Montebello Inc., a California corporation (“QCM,” with City and “QCM” at times referred to herein as a “Party” or jointly as the “Parties”), with reference to the following facts:
RECITALS
A. City and QCM are parties to that certain unrecorded License Agreement originally dated August 15, 1978, and subsequently amended on ten (10) previous occasions (the “License Agreement”), which concerns that certain real property owned by the City and generally located at 988 Via San Clemente, City of Montebello, California, 90640, and commonly known as the Montebello Municipal Golf Course (the “Property”).
B. Among other things, the License Agreement grants QCM the exclusive right to provide, prepare, distribute, serve and sell all food, beverage, and other consumables to patrons of the 118-acre Golf Course, as well the exclusive right to operate the Quiet Cannon Conference & Events Center (“Quiet Cannon”), and the exclusive right to operate the existing clubhouse facility located on the Property.
C. The City intends to upgrade and modernize the Property and associated amenities with a two (2)-part project: (1) construction of a modern driving range complex with entertainment, restaurant / bar, and retail amenities on a, 18-acre portion of the Golf Course that, following construction, will be operated by a third-party selected by the City under a lease agreement (“Driving Range Project”); and (2) redesign and modernization of the remainder of the Golf Course with a new 9-hole championship golf course, new clubhouse to replace the existing Clubhouse (“New Clubhouse”), and associated amenities (the “Golf Course Project”).
D. By way of separate agreements entered into contemporaneously herewith, Licensee has assigned its rights under the License Agreement associated with the Driving Range Project to Trend Sports II, llc (“Trend Sports”), and Trend Sports has in turn waived and released such rights in favor of the City.
E. By way of this Agreement and consistent with Licensee’s exclusive food and beverage rights under the License Agreement, the City and Licensee desire to memorialize the terms and conditions by which QCM will provide food and beverage service to patrons of the New Clubhouse to be developed as part of the Golf Course Project, and to set forth other rights and responsibilities of the parties relating to use of certain amenities of the Golf Course Project.
- 2 -
NOW THEREFORE, in consideration of the mutual promises, covenants, and conditions herein contained and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
1. Recitals. The Recitals set forth above are true and correct incorporated and made a material part of this Agreement.
2. Term. This Agreement shall be remain in full force and effect for the remaining term of the License Agreement, as the License Agreement may be amended from time to time, with the term of this Agreement mirroring that of the License Agreement.
3. Food & Beverage Service. QCM shall offer and make available for purchase “grab and go” food & beverage items, both freshly made and pre-packaged (“F&B Items”), to patrons of the Golf Course Project and the general public at hours that mirror the operating hours of the Golf Course Project facilities. All sales of F&B Items shall be completed on the “point of sale system” provided and operated by QCM, or alternatively by the City (or its agent) as operator of the Golf Course Project (the “Course Operator”) at no additional cost to QCM and through use of the “point of sale system” made available by QCM. QCM shall ensure that a reasonable selection of F&B Items are available daily for purchase and shall monitor inventory levels to ensure general product available to consumers.
4. Compensation. QCM shall pay a percentage of gross receipts derived from QCM’s sale of F&B Items to the City in accordance with the terms of the License Agreement, with “gross receipts” having the same meaning as the License Agreement. For purposes of determining the percentage of gross receipts to be paid to the City, the gross receipts derived from QCM’s provision of food and beverage service described in this Agreement shall be added to any other gross receipts QCM derives from the provision of food and beverage under the License Agreement.
5. Assignment. QCM may assign this agreement on the same terms and conditions as the License Agreement.
6. Special Events.
a) Other than the City, QCM shall have the exclusive right to utilize or allow the Clubhouse facility to be utilized by third-parties for private or public events, including but not limited to weddings, birthdays, anniversaries, retirement celebrations, quinceañeras, and other functions. QCM’s rights under this section shall include incidental use of the lakeside gazebo and seating areas, interior and exterior seating and gathering areas of the New Clubhouse facility, and parking areas during the pendency of a special event, as such area is depicted in Exhibit A. QCM shall have also have option to utilize the LED night-lit par 3 short course for private event functions held in the evening hours, so long as the facility is available and QCM pays the fair market value of said usage to the Course Operator. QCM’s use of the short course shall be limited to evening hours and at a maximum of fifty-six (56) non-consecutive nights over the per calendar year. The fair market value payment by QCM for the use of this property shall be the operator’s net profit (gross revenue minus all expenses) for the specific time period being
- 3 -
utilized by QCM based upon the previous comparable year period on a monthly basis. If the facility is open less than a year, then the prior month would be used. QCM would submit to the operator at least one (1) week notice, subject to availability of the property. b) QCM’s rights under this section shall at all times remain junior to and subordinate to the City’s right to use the New Clubhouse and other areas described in this section for any lawful purpose, and the City agrees to cooperate with QCM to provide reasonable advance notice of any City use that may impede or interfere with special events. QCM shall not exercise the rights in this section in any way that interferes or hinders standard use or operation of the Golf Course Project, or patrons’ access to common areas or amenities of the Golf Course Project. The City and QCM shall coordinate the calendaring of special events to avoid the double-booking of events at the New Clubhouse. A system shall be established through the mutual the cooperation and agreement of the City and QCM to avoid conflicts in the use of the New Clubhouse. In the event that such double-booking occurs, the event that was booked first shall have priority and shall supersede over the conduct of the later booked event. c) Gross receipts derived by QCM through special events under this section shall be included in gross receipts for purposes of Section 4, and QCM shall pay a percentage of said gross receipts in accordance with the terms and conditions of Section 4 and the License Agreement.
7. Governing Law. This Agreement and the legal relations between the parties hereto shall be governed by and construed and enforced in accordance with the laws of the State of California. Any action by either party shall be taken in Los Angeles County.
8. No Other Agreement. This Agreement constitutes the entire agreement of the parties hereto with respect to the subject matter hereof and supersedes all prior agreements and understandings between the parties with respect thereto. There are no agreements or understandings between the parties and no representations by either party to the other as an inducement to enter into this Agreement, except as expressly set forth herein.
9. Notices. Any notice which is required, or which may be given hereunder may be delivered or mailed to the party to be notified, as follows:
If to QCM: Quiet Cannon Montebello Inc.
17662 Irvine Blvd Suite 4
Tustin, CA 92780
Attn: President/CEO
With a copy to: Quiet Cannon Montebello Inc.
980 Via San Clemente
Montebello, CA 92780
Attn: President/CEO
With a copy to: Harper & Burns LLP
453 Glassell Street
- 4 -
Orange, CA 92666
Attn: John Harper, Esq.
If to City: City of Montebello
1600 W Beverly Boulevard
Montebello, CA 90640
Attention: City Manager
With a copy to City’s Counsel:
Arnold M. Alvarez-Glasman, Esq.
13181 Crossroads Pkwy North
Suite 400 - West Tower
City of Industry, CA 91746
10. Counterparts. This Agreement may be executed in counterparts, each of which when so executed shall be deemed an original, and all of which, together, shall constitute one and the same instrument.
11. Condition of Effectiveness of this Agreement. This Agreement is operational and effective only upon the approval of any and all Topgolf agreements for construction and operation with the City for the Driving Range Project and Modernization Project. [END OF TEXT. SIGNATURE PAGE TO FOLLOW.]
- 5 -
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
ATTEST: CITY OF MONTEBELLO
By: By:
City Clerk City Manager
Approved as to form:
By:
City Attorney
Quiet Cannon Montebello Inc.
____________________________________
Its President/CEO, Brad Perrin
Approved as to form:
_____________________________
John Harper, Counsel for
QCM and Trend Sports
- 6 -
EXHIBIT A
DESCRIPTION OF SITE