CITY OF MONTEBELLO
CITY COUNCIL AND PUBLIC FINANCING AUTHORITY
JOINT REGULAR MEETING
WEDNESDAY, DECEMBER 14, 2022 AT 5:00 PM
QUIET CANNON, BALL ROOM (CRYSTAL ROOM 1 AND 3)
901 VIA SAN CLEMENTE
MONTEBELLO, CALIFORNIA
CITY COUNCIL/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
December 14, 2022: City Council 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COVID-19 NOTICE: The City Council rescinded the Declaration of the Local Emergency and the continuation of teleconferencing open meetings pursuant to AB 361 by adopting Resolution No. 22-21 on Wednesday,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/Public Financing Authority Joint Regular Meeting ("Council"/"PFA") will be held in person and will meet at Quiet Cannon, Crystal Room 1 and 3, 901 Via San Clemente, 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/PFA meetings, you may address the City Council/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, December 14, 2022 by 3:00 p.m. These comments will be submitted to all members of the City Council/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/PFA. Any requests to provide public comment which is submitted after the deadlines indicated above will not be submitted to the City Council/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://www.cityofmontebello.com/council-agendas.html.
December 14, 2022: City Council 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/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 LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
One matter related to Maria Chavez vs. City of Montebello
3. 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
PRESENTATION
4. CEREMONIAL CHECK PRESENTATION FROM SAN GABRIEL VALLEY WATER COMPANY
December 14, 2022: City Council and Public Financing Authority Meeting
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.
STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST
PUBLIC HEARING
5. PUBLIC HEARING TO APPROVE AN ENERGY SERVICES CONTRACT WITH ALLIANCE BUILDING SOLUTIONS, INC.
RECOMMENDATION: It is recommended that the City Council:
1. Conduct a Public Hearing and consider approving an Energy Services Contract with Alliance Building Solutions, Inc. (ABS), a Finance Agreement and related documents with Alliance Funding Solutions, Inc. (AFS) for the construction of energy conservation measures at various City facilities; and
2. Adopt Resolution No. 22-93 approving certain findings for energy related improvements to various city facilities in accordance with California Government Code Section 4217; and
3. Adopt Resolution No. 22-96 authorizing the execution of a Lease Purchase Agreement, Escrow Agreement and Equipment Schedule with Alliance Funding Solutions, Inc.; and
4. Authorize the City Manager to execute the agreements and any other related documents in a final form approved by the City Attorney; and
5. 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.
6. WAIVE SECOND READING AND ADOPT 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. Waive Second Reading and adopt 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.
7. AMENDMENT OF AGREEMENT NO'S. 893, 3213, AND 3323 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 hotel business entities in substantially the form as presented; and
2. Take such additional, related, action that may be desirable.
8. APPROVE PROFESSIONAL SERVICES AGREEMENT, NO. 4062, WITH ADVOCATE, INC. DBA NAVA
PARTNERS INSURANCE SOLUTIONS, FOR THE EMPLOYEE BENEFITS INSURANCE BROKER December 14, 2022: City Council and Public Financing Authority Meeting
SERVICES REQUEST FOR PROPOSAL, NO. 23-3
RECOMMENDATION: It is recommended that the City Council:
1. Approve a Professional Services Agreement, No. 4062 with Advocate, Inc. dba Nava Partners Insurance Solutions to provide Employee Benefits Insurance Broker Services, for a three-year (3-year) term with the option for renewal of up to two (2) additional one-year (1-year) terms, for an initial total not-to-exceed amount of One Hundred and Fifty Thousand Dollars ($150,000) for the three-year term; and
2. Authorize the City Manager and/or his designee to take actions necessary to execute and finalize an agreement on behalf of the City of Montebello (City); and
3. Take such additional, related, action that may be desirable.
9. APPROVAL OF TASK ORDER NO. 2 AND NO. 3, UNDER MASTER RETAINER AGREEMENT NO. 3921, WITH TRANSTECH ENGINEER'S, INC. FOR BUILDING PLAN CHECK AND INSPECTION SERVICES
RECOMMENDATION: It is recommended that the City Council:
1. Award Task Order No. 2 via an Engagement Letter Under Master Retainer Agreement No. 3921 with Transtech Engineers, Inc. for General Building Plan Check and Inspection Services for a not-to-exceed fee of $185,380 per year for staff augmentation and $352,000 per year for Plan Check services for a term of Two (2) years; and
2. Award Task Order No. 3 via an Engagement Letter Under Master Retainer Agreement No. 3921 with Transtech Engineers, Inc. for Building Inspection Services for the Metro Heights and Other Large Projects for a not-to-exceed fee of $210,000 for One (1) year; and
3. Authorize the City Manager to execute the agreements, on behalf of the City; and
4. Take such additional, related, action that may be desirable.
10. AUTHORIZATION TO ISSUE A REQUEST FOR PROPOSALS (RFP NO. 23-6) FOR A MASTER DEVELOPER
TO PREPARE AND IMPLEMENT A STRATEGIC MASTER PLAN FOR THE MONTEBELLO GOLF COURSE
COMPLEX
RECOMMENDATION: It is recommended that the City Council:
1. Approve Issuing a Request for Proposals ("RFP") for a qualified Master Developer to prepare and implement a strategic master plan for the Montebello Golf Course Complex and authorize solicitation of proposals; and
2. Take such additional, related action that may be desirable.
11. AUTHORIZATION TO ISSUE A REQUEST FOR PROPOSALS (RFP NO. 23-5) FOR RECREATION GUIDE
PRODUCTION
RECOMMENDATION: It is recommended that the City Council:
1. Authorize staff to issue a Request for Proposals No. 23-5 (RFP) for the production, digital hosting, and printing of a Montebello Recreation Guide; and
2. Take such additional, related, action that may be desirable.
12. AMENDMENT TO FISCAL YEAR 2022-23 RECREATION AND COMMUNITY SERVICES DEPARTMENT
GRANT BUDGET
RECOMMENDATION: It is recommended that the City Council:
December 14, 2022: City Council and Public Financing Authority Meeting
1. Amend the Fiscal Year 2022-23 Recreation and Community Services Grant Budget by increasing appropriations by $27,916 in Account No. 265-70-740-6040.10 (Grants, Parks and Recreation, Prop 68 Per Capita Fund, Other Contract Services); by $107,166 in Account No. 265-7000-2013-025-6040.60 (Grants, City Parks, City Park Facilities, Building Maintenance/Repairs); and by $261,261 in Account No. 221-70-720-6040.60 (Measure A, Parks Maintenance, Building Maintenance/Repairs); and
2. Take such additional, related actions that may be desirable.
13. APPROVE PROFESSIONAL SERVICES AGREEMENT NO. 4056 WITH ORANGE COAST PETROLEUM EQUIPMENT, INC. FOR THE MAINTENANCE HOSE REELS REPLACEMENT, REQUEST FOR PROPOSAL NO. 23-2
RECOMMENDATION: It is recommended that the City Council:
1. Approve a Professional Services Agreement, No. 4056 with Orange Coast Petroleum Equipment, Inc. (Orange Coast Petroleum), for a total not-to-exceed amount of $90,011, for Maintenance Hose Reels Replacement (response to Request for Proposal No. 23-2); 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.
14. APPROVE REVISIONS TO THE CITY OF MONTEBELLO ADMINISTRATIVE POLICY V-B-38.02 – FEDERAL
DRUG AND ALCOHOL REGULATIONS (FTA), TO UPDATE ADMINISTRATIVE PERSONNEL, TITLES, AND
FUNCTIONS
RECOMMENDATION: It is recommended that the City Council:
1. Approve revisions to the City of Montebello Administrative Policy V-B-38.02 – Federal Drug and Alcohol Regulations (FTA) (Administrative Policy V-B-38.02), to update administrative personnel, titles, and functions; and
2. Take such additional, related, action that may be desirable.
15. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT NOS. 4057 AND 4058 WITH OFFICE SOLUTIONS BUSINESS PRODUCTS & SERVICES LLC, AND MOHAWK COMMERCIAL, INC., TO
PURCHASE AND INSTALL UPGRADED WORKSTATIONS AND FLOORING FOR THE TRANSPORTATION
DEPARTMENT
RECOMMENDATION: It is recommended that the City Council:
1. Approve a Professional Services Agreement, No. 4057, with Office Solutions Business Products & Services, LLC (dba Bluespace Interiors), utilizing the Sourcewell Cooperative Purchasing Program (Sourcewell) Contract No. 121919-TKN, to purchase and install upgraded workstations for the Transportation Department for a total not-to-exceed amount of $128,824; and
2. Approve a Professional Services Agreement, No. 4058, with Mohawk Commercial, Inc. (Mohawk), utilizing the California Multiple Award Schedules (CMAS) Contract No. 4-20-00-0085C, to purchase and install flooring for Transportation, for a total not-to-exceed amount of $49,099; and
3. Authorize the City Manager and/or their designee to approve change orders for up to ten percent (10%) of the total compensation amount for each proposed agreement; and
4. Take such additional, related, action that may be desirable.
16. ADOPT RESOLUTION NO. 22-92 APPROVING MONTEBELLO BUS LINES’ 2022 TITLE VI PROGRAM
INCLUDING THE LANGUAGE ASSISTANCE PLAN AND PUBLIC PARTICIPATION PLAN, THE DISPARATE
IMPACT POLICY AND DISPROPORTIONATE BURDEN POLICY, AND THE TRANSIT SERVICE
MONITORING RESULTS
December 14, 2022: City Council and Public Financing Authority Meeting
RECOMMENDATION: It is recommended that the City Council:
1. Adopt Resolution No. 22-92 approving Montebello Bus Lines’ 2022 Title VI Program, including the Language Assistance Plan and the Public Participation Plan; and
2. Approve the Disparate Impact Policy and Disproportionate Burden Policy, as defined within the 2022 Title VI Program; and
3. Approve the Transit Service Monitoring Results, included within the 2022 Title VI Program; and
4. Take such additional, related, action that may be desirable.
17. APPROVE RECEIPT OF AN AWARD FROM THE CALIFORNIA HOMELESS COORDINATING AND FINANCING COUNCIL (HCFC) ENCAMPMENT RESOLUTION GRANT PROGRAM FISCAL YEAR 2022-23 AND 2023-2024 AND APPROPRIATE GRANT FUNDING
RECOMMENDATION: It is recommended that the City Council:
1. Approve the appropriation of $1,168,774 awarded to the City by the California Interagency Council on Homelessness (Cal ICH) Encampment Resolution Funding Grant Program; and
2. Amend the Fiscal Year 2022-23 budget by increasing appropriations by $1,168,774 in Expense Account No. 267-85-859-6040.10 and $1,168,774 in Revenue Account No. 267-99-4198.40 (Cal-ICH) - Encampment Resolution Funding Grant Fund, Fire, Cal-ICH - Encampment Resolution Funding, Other Contract Services and Miscellaneous Grants - Cal-ICH Encampment Resolution Funding; and
3. Authorize the City Manager to execute a Memorandum of Agreement between the City of Montebello and State of California Business, Consumer Services and Housing Agency (BCSH) to receive $1,168,774 in funding for the Encampment Resolution Funding Program; and
4. Authorize the City Manager to enter into a sole-source contract with Beverly Hospital for the purpose of the demonstration project to provide emergency room case management homeless services in an amount not-to-exceed $150,000 for the grant term of two years; and
5. Take such additional, related action that may be desirable.
18. APPROVE PROFESSIONAL SERVICES AGREEMENT NO. 4055 WITH URBAN FUTURES, INC. TO
PROVIDE CONTINUING DISCLOSURE SERVICES
RECOMMENDATION: It is recommended that the City Council:
1. Approve Professional Services Agreement No. 4055 with Urban Futures, Inc. (Urban Futures, Inc.) in an amount not to exceed $99,600 ($33,200 annually) over an initial three (3) year term; and
2. Take any additional actions necessary to effectuate the procurement of services.
19. UPDATE ON SALE OF CITY'S WATER SYSTEM TO SAN GABRIEL VALLEY WATER COMPANY
RECOMMENDATION: It is recommended that the City Council:
1. Receive and file this update on the sale of the City’s water system to San Gabriel Valley Water Company (SGVWC).
20. PAYMENT OF BILLS: ADOPT RESOLUTION NO. 22-95 APPROVING THE CITY WARRANT REGISTER OF DEMANDS DATED DECEMBER 14, 2022
RECOMMENDATION: It is recommended that the City Council:
1. Adopt Resolution No. 22-95 approving the Warrant Register dated December 14, 2022.
December 14, 2022: City Council 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.
• Salvador Melendez, Councilmember
• Scarlet Peralta, Councilmember
• Angie M. Jimenez, Mayor Pro Tem
• David N. Torres, Councilmember
• Kimberly A. Cobos-Cawthorne, Mayor
CEREMONIAL/PRESENTATIONS
21. PRESENTATION TO AND COMMENTS BY OUTGOING MAYOR COBOS-CAWTHORNE AND CITY
TREASURER GUTIERREZ
NEW BUSINESS
22. ADOPT RESOLUTION NO. 22-94, CERTIFICATION OF THE NOVEMBER 8, 2022 GENERAL MUNICIPAL
ELECTION
RECOMMENDATION: It is recommended that the City Council:
1. Receive and file the Certification of the Canvass of the Election Returns from the Los Angeles County Registrar-Recorder/County Clerk; and
2. Adopt Resolution No. 22-94 reciting the facts of the General Municipal Election held on November 8, 2022, declaring the results and such other matters as required by law.
23. ADMINISTRATION OF OATH OF OFFICE FOR DISTRICTS 1-5 NEWLY ELECTED COUNCIL MEMBERS
AND CITY TREASURER
RECOMMENDATION: It is recommended that the City Council:
1. Receive and File Oath of Office for newly elected officials.
24. CITY COUNCIL SELECTION OF MAYOR AND MAYOR PRO TEMPORE POSITIONS UNDER MONTEBELLO MUNICIPAL CODE SECTION 2.08.010, "REORGANIZATION"
RECOMMENDATION: It is recommended that the City Council:
1. Move to designate one of its members as Mayor and Mayor Pro Tempore as called for in Section 2.08.010 of the Montebello Municipal Code.
December 14, 2022: City Council and Public Financing Authority Meeting
ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on January 11, 2023 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, December 11, 2022 at 5:00 p.m.
Alicia Fernandez, Senior Deputy City Clerk