CITY OF MONTEBELLO
CITY COUNCIL, SUCCESSOR AGENCY, AND PUBLIC FINANCING AUTHORITY
JOINT REGULAR MEETING
WEDNESDAY, NOVEMBER 16, 2022 AT 5:00 PM
CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD
MONTEBELLO, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY/PUBLIC FINANCING AUTHORITY Kimberly A. Cobos-Cawthorne, Mayor/Chairperson
Angie M. Jimenez, Mayor Pro Tem/Vice Chairperson
Scarlet Peralta, Councilmember/Member
Salvador Melendez, Councilmember/Member
David N. Torres, Councilmember/Member
CITY MANAGER/EXECUTIVE
DIRECTOR
René Bobadilla, City Manager
CITY TREASURER
Rafael Gutierrez
CITY ATTORNEY/AUTHORITY
COUNSEL
Arnold M. Alvarez-Glasman
CITY CLERK/SECRETARY OF AUTHORITY
Christopher Jimenez
DEPARTMENT HEADS
Assistant City Manager
Fire Chief
Police Chief
Director of Finance
Director of Human Resources
Director of Planning/Community
Development
Director of Public Works
Director of Recreation and Community Services
Director of Transportation
Director of Public Affairs and Technology
Arlene Salazar
Fernando Pelaez
Paul Espinosa
Michael Solorza
Nicholas Razo
Joseph Palombi
James Enriquez
David Sosnowski
Adrianna Kendricks
Michael Chee
November 16, 2022: City Council, Successor Agency, and Public Financing Authority Meeting
NOTICES
COVID-19 NOTICE: The City Council rescinded the Declaration of the Local Emergency and the continuation of teleconferencing open meetings pursuant to AB 361 by adopting Resolution No. 22-21 on Wednesday, April 13, 2022. This City Council/Successor Agency/Public Financing Authority Joint Regular Meeting ("Council"/"SA"/"PFA") will be held in person and will meet at City Hall – City Council Chambers, 1600 West Beverly Boulevard, Montebello, California. The meeting will be live streamed and can be watched on the City’s website and YouTube Channel via the following link: https://www.cityofmontebelloca.gov, and may also be viewed on Spectrum Public Access Channel 3 for all Spectrum cable subscribers.
AMERICANS WITH DISABILITIES ACT: In compliance with the Americans with Disabilities Act (ADA) any person with a disability who requires special accommodations in order to participate in a meeting should contact the Administration Office at (323) 887-1437 Monday-Thursday from 7:30 a.m.-5:30 p.m. Please call 48 hours prior to the meeting to ensure that reasonable arrangements can be made to provide accessibility to this meeting (28 CFR 35.102-
35.104 ADA Title II 1203). If you require translation services, please contact the City Clerk’s office 72 hours before this meeting. Si necesita servicios de traducción, comuníquese con la Oficina del Secretario Municipal 72 horas antes de esta reunión. 如果您需要翻译服务，请在会议前 72 小时联系市书记员办公室 RULES OF DECORUM:
As Established by Ordinance 2443, adopted on October 27, 2021: Signs, placards, banners, horns, noise-making devices, or other similar items shall not be permitted in the audience during a Public Meeting if the presence of such item disturbs, disrupts or otherwise impedes the orderly conduct of the meeting. All persons attending a public meeting shall remain seated in the seats provided, unless addressing the body at the podium or entering or leaving the meeting.
No member of the audience shall willfully interrupt the orderly conduct at the meeting, this includes clapping or otherwise speaking from their seats. The presiding officer shall direct the removal of any individual whose willful interruption renders infeasible the orderly conduct of the meeting. In the event the removal of the individual or individuals willfully interrupting the meeting does not restore order, the presiding officer may order the meeting room cleared and continue in session. Speakers shall not engage in willful conduct which interrupts the meeting or interferes with the orderly conduct of the meeting. Any person who becomes boisterous while addressing the Council/PFA or who otherwise disrupts the orderly conduct of the Council/PFA’s business shall be subject to removal from the Chambers after being admonished by the presiding officer.
PUBLIC COMMENTS:
In-Person: For those interested in participating during the Public Comment period(s) or public testimony period for Public Hearings of the City Council/SA/PFA meetings, you may address the City Council/SA/PFA in person the day of the meeting. Speakers will be required to fill out a speaker card provided at the door and turn it into the Deputy City Clerk prior to each Public Comment announcement period. Staff will number and call each speaker card in the order received. Closed Session begins at 5:00 p.m. and Regular Session begins no later than 6:00 p.m.
Via Email: The public may also submit emailed comments via the City’s email address:
[email protected], up until the day of the meeting, Wednesday, November 16, 2022 by 3:00 p.m. These comments will be submitted to all members of the City Council/SA/PFA and may not be read aloud but will be entered into the record of the proceedings to the extent they relate to matters listed on the posted agenda or otherwise address matters/issues within the subject matter jurisdiction of the City Council/SA/PFA. Any requests to provide public comment which is submitted after the deadlines indicated above will not be submitted to the City Council/SA/PFA, with the exception of non-agenda written item comments which will be held over for the next regularly scheduled meeting.
AGENDA MATERIALS: The agenda and/or agenda packet are available for public inspection at City’s website at:
https://cityofmontebello.hosted2.civiclive.com/cms/One.aspx?portalId=58756&pageId=77219 November 16, 2022: City Council, Successor Agency, and Public Financing Authority Meeting
IN CONSIDERATION OF OTHERS, PLEASE TURN OFF, OR MUTE, ALL CELL PHONES AND PAGERS
THANK YOU FOR YOUR COOPERATION
OPENING CEREMONIES
CALL TO ORDER
ROLL CALL
PUBLIC COMMENTS FOR CLOSED SESSION ITEMS
At this time, the general public may address the City Council/ SA/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.
CLOSED SESSION 5:00 P.M.
The City Attorney shall provide a briefing on the item listed for Closed Session as follows:
1. THREAT TO PUBLIC SERVICES OR FACILITIES
Government Code Section 54957
Consultation with City Manager, Police Chief, City Attorney and other related City officials.
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
REGULAR SESSION NO LATER THAN 6:00 P.M.
CLOSED SESSION REPORT
INVOCATION
PLEDGE OF ALLEGIANCE
CORRECTIONS TO THE AGENDA CITY MANAGER
CEREMONIAL/PRESENTATIONS
3. RECOGNITION OF CITIZEN OF THE MONTH - ERNIE PERALTA
4. RECOGNITION OF MENS HEALTH AWARENESS MONTH
5. RECOGNITION OF ALZHEIMER DISEASE AWARENESS MONTH
PUBLIC COMMENTS ON NON-AGENDA AND AGENDA ITEMS (30 MINUTES) At this time, the general public may address the City Council/ SA/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.
November 16, 2022: City Council, Successor Agency, and Public Financing Authority Meeting
State Law prohibits the City Council/SA/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.
STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST
PUBLIC HEARING
6. PUBLIC HEARING APPROVING AN ENERGY SERVICES CONTRACT WITH THERMA, LLC.
NOTE: This Public Hearing has been canceled.
REGULAR BUSINESS
7. INTRODUCE AND WAIVE FIRST READING OF ORDINANCE NO. 2457 AMENDING CHAPTER 2.14 OF THE
MONTEBELLO MUNICIPAL CODE TO UPDATE THE RULES OF ORDER AND PROCEDURE FOR THE
CONDUCT OF ALL CITY COUNCIL AND SUCCESSOR AGENCY MEETINGS, PROCEEDINGS, AND
BUSINESS
RECOMMENDATION: It is recommended that the City Council:
1. Introduce and waive First Reading of Reading of Ordinance No. 2457 Amending Chapter 2.14 of the Montebello Municipal Code Updating the Rules of Order and Procedure for the Conduct of all City Council and Successor Agency Meetings, Proceedings, and Business; and
2. Take such additional related action that may be desirable.
8. FISCAL YEAR 2022-23 FIRST QUARTER BUDGET REPORT
RECOMMENDATION: It is recommended that City Council:
1. Receive and file this agenda report and the presentation on the Fiscal Year 2022-23 First Quarter Budget; and
2. Update the Table of Organization/Master Position Control by adding four (4.0) positions (Attachment C) to various departments; and
3. Approve Resolution No. 22-91(Attachment D) amending the Compensation Plan to add two (2.0) new job classifications; and
4. Take such additional, related action that may be desirable.
CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine. Any items a 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.
9. SECOND READING AND ADOPTION 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 BOULEVARD, AND 1915 W. WHITTIER BOULEVARD
RECOMMENDATION: It is recommended that the City Council:
November 16, 2022: City Council and Public Financing Authority Meeting
1. Waive second reading and adopt 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. Waive second reading and adopt 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 15303 (“New Construction or Conversion of Small Structures”) of the CEQA Guidelines; and
3. Waive second reading and adopt 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, related action that may be desirable.
10. ADOPT CITY COUNCIL RESOLUTION NO. 22-90/SUCCESSOR AGENCY RESOLUTION NO. 22-04
APPROVING THE PURCHASE AND SALE AGREEMENT FOR THE PROPOSED DISPOSITION OF REAL PROPERTY LOCATED AT 701-705 W. WHITTIER BOULEVARD AND AUTHORIZING THE CITY MANAGER
TO EXECUTE THE PURCHASE AND SALE AGREEMENT ON BEHALF OF THE CITY OF MONTEBELLO RECOMMENDATION: It is recommended that the City Council/Successor Agency to the former Community Redevelopment Agency of the City of Montebello adopt City Council Resolution No. 22- 90/Successor Agency Resolution No. 22-04:
1. Finding that the sale of the Property is exempt under CEQA pursuant to CEQA Guidelines Section 15312 – Class 12 Categorical Exemption relating to the sale of surplus government property and CEQA Guidelines Section 15060(c)(3) because the sale does not have the potential for creating a significant effect on the environment and therefore it is not a project as defined by the CEQA Guidelines Section 15378; and
2. Approving the Successor Agency’s disposition of the real property located at 701-705 W. Whittier Boulevard in the City of Montebello, California identified as Los Angeles County Assessor’s Parcel No. 6349-007-917 for $500,000; and
3. Approving the form and material terms of the Purchase and Sale Agreement No. 4049, and authorize the Executive Director (i.e. City Manager) and Agency Counsel (i.e. City Attorney) to finalize negotiations and the agreement (provided that no material changes to the purchase price or property are made); and
4. Authorize the Executive Director to execute the final Purchase and Sale Agreement between the Successor Agency to the Redevelopment Agency of the City of Montebello and SAM Entertainment Group LLC, and any related documents necessary to reasonably complete the proposed disposition in accordance with the final agreement; and
5. Adopt City Council Resolution No. 22-90/Successor Agency Resolution No. 22-04 to Declare the Property “Surplus” and Certify Compliance with the Surplus Land Act.
6. Take such additional, related action that may be necessary to implement the approved transaction.
11. NOTICE OF COMPLETION - CP NO. 881, VARIOUS STREETS IMPROVEMENT PROJECT RECOMMENDATION: It is recommended that the City Council:
1. Accept the Various Streets Improvement Project (CP No. 881), as completed by Sequel Contractors, Inc.; and
2. Approve the final contract amount with Sequel Contractors, Inc. for the construction of the Project in the amount of $898,308, including change orders; and
3. Authorize the City Clerk to execute, verify and file the Notice of Completion (Attachment A) with the Los Angeles County Registrar-Recorder; and
November 16, 2022: City Council, Successor Agency, and Public Financing Authority Meeting
4. Authorize the City Manager to release the retention payment due to Sequel Contractors, Inc. following the mandatory waiting period from the date the Notice of Completion is recorded; and
5. Approve the Final Total Project Budget (Attachment B); and
6. Take such additional, related, action that may be desirable.
12. AUTHORIZATION OF FINAL INVOICE PAYMENT FOR AGREEMENT NOS. 3504 AND 3066 -
INFRASTRUCTURE ENGINEERS
RECOMMENDATION: It is recommended that the City Council:
1. Authorize payment of final invoices for Agreement Nos. 3504 and 3066 with Infrastructure Engineers in the aggregate amount of $208,654; and
2. Reaffirm the termination of Agreement Nos. 3504 and 3066 with Infrastructure Engineers; and
3. Take such additional, related, action that may be desirable.
13. APPROVAL OF AGREEMENT NO. 4047 WITH KTU&A (DBA KTUA) FOR THE RIO HONDO RIVER ACCESS
IMPROVEMENT PROJECT DESIGN SERVICES
RECOMMENDATION: It is recommended that the City Council:
1. Approve Agreement No. 4047 with KTU&A (dba “KTUA”) for design and architectural services for the Rio Hondo River Access Improvement Project (RH Project); and
2. Find and determine that the Rio Hondo Project is exempt from CEQA pursuant to Categorical Exemption Section 15301 (Class – 1, Existing Facilities) and Section 15311 (Class – 11, Accessory Structures) of the CEQA Guidelines; and
3. Authorize the City Manager to execute the Agreement on behalf of the City; and
4. Amend the Fiscal Year 2022-23 budget by increasing expenditure and revenue appropriations by $477,750 in Measure A – Parks Fund 221 (Account No. 221-99-6040.96, (Measure A Local, Other Contract Services - Engineering Design Services) and 221-99-3630.60 (Measure A Local, Special Revenue Measure A Local); and
5. Take such additional, related action that may be desirable.
14. AUTHORIZE THE CITY MANAGER TO APPROVE A LEASE AGREEMENT WITH E-Z-GO DIVISION, OF TEXTRON INCORPORATED, FOR FORTY-SIX (46) ELECTRIC GOLF CARTS RECOMMENDATION: It is recommended that the City Council:
1. Approve a five-year lease agreement for electric golf carts with E-Z-GO Division of Textron Inc. for use at the Montebello Golf Course (Golf Course); and
2. Authorize the City Manager to execute the lease agreement on behalf of the City; and
3. Take such additional, related action that may be desirable.
15. AWARD A PROFESSIONAL SERVICES AGREEMENT, NO. 4040, TO UNIVERSAL PROTECTION SERVICE,
LP DBA ALLIED UNIVERSAL SECURITY SERVICES, FOR THE UNARMED TRANSIT SECURITY GUARD SERVICES REQUEST FOR PROPOSAL NO. 22-7
RECOMMENDATION: It is recommended that the City Council:
1. Award a Professional Services Agreement, No. 40-40 to Universal Protection Service, LP dba Allied Universal Security Services, for a three-year (3-year) term with the option for renewal of up to two (2) November 16, 2022: City Council, Successor Agency, and Public Financing Authority Meeting
additional one-year (1-year) terms, for a total not-to-exceed amount of Two Million, Seven Hundred and Nine Thousand, Two-Hundred and Thirty-Nine Dollars ($2,709,239) over the three-year term; and
2. Authorize the City Manager to take actions necessary to execute and finalize an agreement on behalf of the City of Montebello; and
3. Take such additional, related action that may be desirable.
16. APPROVAL TO PROVIDE RECRUITMENT INCENTIVES TO QUALIFIED FIREFIGHTERS/PARAMEDICS RECOMMENDATION: It is recommended that the City Council:
1. Approve a Lateral Bonus Recruitment Incentive Program to provide recruitment incentives for qualified Firefighter/Paramedics and referral bonuses to current employees; and
2. Take such additional, and related action that may be desirable.
17. APPROVAL TO SUBMIT GRANT APPLICATION TO THE BOARD OF STATE AND COMMUNITY CORRECTIONS, PROPOSITION 64 PUBLIC HEALTH AND SAFETY GRANT PROGRAM RECOMMENDATION: It is recommended that the City Council:
1. Approve the submission of the grant application for the Board of State and Community Corrections (BSCC), Proposition 64 Public Health and Safety Grant Program; and
2. Take such additional, related action that may be desirable.
18. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT NO. 4039 WITH KIM TURNER, LLC FOR
POLICE COMMUNICATIONS CONSULTING SERVICES
RECOMMENDATION: It is recommended that the City Council:
1. Approve the attached Professional Services Agreement No. 4039 with Kim Turner, LLC in an amount not to exceed $59,378; and
2. Take any additional actions necessary to effectuate the procurement of services.
19. ADOPT RESOLUTION NO. 22- 86 AMENDING THE MASTER FEE SCHEDULE AND ESTABLISHING
CONCEALED WEAPONS PERMIT (CCW) APPLICATION FEES
RECOMMENDATION: It is recommended that the City Council:
1. Adopt Resolution No. 22-86, Amending the Master Fee Schedule establishing Concealed Weapons Permit (CCW) Application Fees; and
2. Take such additional, related action that may be desirable.
20. APPROVAL OF AMENDMENT NO. 1 TO AGREEMENT NO. 3957 WITH 789, INC. TO RETAIN PROFESSIONAL SERVICES FOR CITYWIDE BRANDING NEEDS.
RECOMMENDATION: It is recommended that the City Council:
1. Approve Amendment No. 1 to Agreement No. 3957, between the City of Montebello and 789 ,Inc. for ongoing professional graphics design and support for Citywide branding services; and
2. Authorize the City Manager and/or his designee to execute Amendment No. 1 with 789, Inc. on behalf of the City; and
3. Take such additional, related action that may be desirable.
November 16, 2022: City Council, Successor Agency, and Public Financing Authority Meeting
21. APPROVAL OF AGREEMENT NO. 4048 - LS-1 OPTION E AGREEMENT WITH SOUTHERN CALIFORNIA
EDISON TO REPLACE HIGH PRESSURE SODIUM VAPOR STREET LIGHTS WITH LIGHT-EMITTING DIODE
STREET LIGHTS
RECOMMENDATION: It is recommended that the City Council:
1. Approve an LS-1 Option E authorization with Southern California Edison (SCE) to replace high pressure sodium vapor (HPSV) street lights with light-emitting diode (LED) street lights, 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. Authorize the City Manager or his designee to sign the authorization agreement; and
3. Take all necessary, additional actions as necessary.
22. TREASURER'S REPORT FOR THE QUARTER ENDING SEPTEMBER 30, 2022 RECOMMENDATION: It is recommended that the City Council:
1. Receive and file the Quarterly Treasurer’s Report for the quarter ending September 30, 2022.
23. AUTHORIZATION TO APPROVE ADDITIONAL PURCHASES FROM THE SAUCE CREATIVE SERVICES CORPORATION FOR FISCAL YEAR 2022-23
RECOMMENDATION: 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.
24. PAYMENT OF BILLS: ADOPT RESOLUTION NO. 22-89 APPROVING THE CITY WARRANT REGISTER OF
DEMANDS
NOVEMBER 16, 2022
RECOMMENDATION: It is recommended that the City Council:
1. Adopt Resolution No. 22-89 approving the Warrant Register dated November 16, 2022.
25. APPROVAL OF CITY COUNCIL MINUTES – AUGUST 24, 2022 SPECIAL CITY COUNCIL MEETING; AUGUST 24, 2022 CITY COUNCIL MEETING; SEPTEMBER 14, 2022 JOINT CITY COUNCIL AND PUBLIC FINANCING AUTHORITY MEETING; SEPTEMBER 28, 2022 JOINT CITY COUNCIL AND PUBLIC FINANCING AUTHORITY; OCTOBER 12, 2022 JOINT CITY COUNCIL AND PUBLIC FINANCING AUTHORITYAND; AND OCTOBER 26, 2022 JOINT CITY COUNCIL AND PUBLIC FINANCING AUTHORITY RECOMMENDATION: It is recommended that the City Council:
1. Approve said minutes as written.
26. AMENDMENT OF AGREEMENTS RELATED TO QUIET CANNON MANAGEMENT AND ASSOCIATED
BUSINESS ENTITIES
RECOMMENDATION: 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.
November 16, 2022: City Council, Successor Agency, and Public Financing Authority Meeting
AB 1234 TRAVEL REPORTS
Members of the City Council will provide a brief report on meetings attended at the expense of the local agency as required by Government Code Section 53232.3(d).
COUNCIL ORALS
Council member announcements; requests for future agenda items; conference/meetings reports. • Kimberly A. Cobos-Cawthorne, Mayor
• 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 December 14, 2022 at 5:00 p.m. which can be live streamed at www.cityofmontebelloca.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, November 13, 2022 5:00 p.m.
Alicia Fernandez, Senior Deputy City Clerk