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Minutes

Montebello City Council
January 11, 2023

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Minutes
Meeting
January 11, 2023
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Montebello City Council
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12
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Text extracted from the city's file for reading and search. Open the original on montebelloca.api.civicclerk.com. That file is the official record.

CITY OF MONTEBELLO

CITY COUNCIL, PUBLIC FINANCING AUTHORITY, AND SUCCESSOR AGENCY

JOINT REGULAR MEETING

MINUTES

WEDNESDAY, JANUARY 11, 2023 AT 5:00 PM

CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD

MONTEBELLO, CALIFORNIA

OPENING CEREMONIES

CALL TO ORDER

Mayor Torres called the meeting to order at 5:08 p.m.

ROLL CALL

Members present were Mayor Torres, Councilmember Melendez, and Councilmember Tamayo. Mayor Pro Tem Peralta and Councilmember Jimenez arrived during the Closed Session and two at-large seats remain vacant. City Treasurer Matanga arrived at 6:00 p.m. and the City Clerk Jimenez was absent.

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.

The City Clerk’s Office acknowledged one (1) speaker card and three (3) written public comments submitted to the City’s public comment email address. Said speaker cards and comments are on file at the City Clerk’s office.

CLOSED SESSION 5:00 P.M.

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

Mayor Torres recessed the meeting into Closed Session at 5:17 p.m. to consider the following Closed Session items:

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

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(d)(2)
Two matters

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

CLOSED SESSION REPORT

Mayor Torres reconvened the meeting at 6:12 p.m.

All five members were present to discuss all Closed Session items. City Attorney Arnold Alvarez-Glasman provided the following report to City Council: a briefing was provided on Item No. 1, there was no action taken and nothing to report.

Item No. 2 was moved to be discussed after Council Orals.

The Mayor recessed into Closed Session at 11:06 p.m. to discuss Item No. 2. Councilmember Jimenez was not present for this discussion. Mayor Torres reconvened the meeting at 12:24 a.m. City Attorney Alvarez-Glasman reported that the City Council received a briefing but no action was taken and there was nothing to report.

INVOCATION

City Attorney Arnold Alvarez-Glasman led the City Council in the Invocation.

PLEDGE OF ALLEGIANCE

Girl Scout Troop 71221 led the City Council in the Pledge of Allegiance, followed by Schurr High School marching band who performed the National Anthem.

CORRECTIONS TO THE AGENDA CITY MANAGER

Correction to Item No. 3, Firefighters will not be present. In addition, an updated Ordinance was presented for Item No.

13. CEREMONIAL/PRESENTATIONS

3. RECOGNITION OF NEW POLICE OFFICERS, POLICE EXPLORERS, AND FIREFIGHTERS Presented by Mayor Torres.

4. CITIZEN OF THE MONTH - DR. CARLOS MANUEL HARO
Presented by Mayor Torres.

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5. HUMAN TRAFFICKING AWARENESS MONTH
Presented by Mayor Torres.

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) 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

None.

PUBLIC HEARING

6. PUBLIC HEARING TO ADOPT RESOLUTION NO. 23-01 APPROVING A PROPOSED SUBSTANTIAL AMENDMENT NUMBER 2 TO THE FY 2020-21 CDBG/HOME ANNUAL ACTION PLAN TO REALLOCATE

CDBG-CV FUNDED ACTIVITIES

RECOMMENDATION: It is recommended that the City Council:

1. Approve Substantial Amendment Number 2 to the Fiscal Year 2020-21 Annual Action Plan Amendment; and

2. Adopt Resolution No. 23-01 approving Substantial Amendment Number 2 to the FY 2020-21 Annual Action Plan Amendment; and

3. Take such additional, related action that may be desirable.

Rosemary Perich, Housing Manager, provided the City Council with a PowerPoint presentation on the proposed substantial Amendment No. 2 of the 2020-2021 Annual Action Plan for reallocation of CDBG-CV funds.

Ms. Perich's presentation included an overview of what CDBG-CV is, the 2020 CDBG-CV allocation funds available for each program, a background to the Public Hearing process, and the re-allocation proposal; Ms. Perich was available to answer any questions.

Councilmember Jimenez had no comments or questions.

Councilmember Melendez asked a clarifying question regarding the business assistance program and what it offered. Ms.

Perich stated that the program was intended to assist with grants to those affected by COVID.

Mayor Pro Tem Peralta asked a clarifying question about the Senior Food Distribution Program and why it was being removed; staff clarified that the program was funded from different sources such as Hearts of Compassion. Furthermore, she commented about how business assistance was still essential and that expanding and promoting the program to businesses would be helpful to economic development. City Manager Bobadilla stated that a lot of businesses received assistance from PPE funding and suggested allocating the funds to programs that have time sensitivity.

Mayor Torres asked a clarifying question regarding the March 2024 deadline to spend these funds and how they are associated with the item. Ms. Perich explained that HUD funds timelines have a cause and effect and provided an example related to the business assistance program. In that instance, staff had already reached out to businesses and they responded that they had already received funds from other sources. If staff doesn't reallocate the suggested $40,000 at this time, the funding may be lost if the funds are not used in the business assistance program, restarting the process once January 11, 2023: City Council and Public Financing Authority Meeting Minutes

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again with the little time available.

Mayor Torres asked for a brief description of the Rental/Utilities Assistance Program. Ms. Perich stated that the program was administered by MCAP and, unfortunately, applications stopped coming in. Furthermore, staff received a notice that any unused funds would be lost. At that point, staff concluded that the funds could still be used for other MCAP programs rather than be lost. Mayor Torres stated that there may have been an impact related to the time period in which the item was published, and suggested staff consider those sensitivities to maximize community participation.

The Public Hearing opened at 7:52 p.m.

The City Clerk’s Office acknowledged three (3) speaker cards (in support of the item) submitted to the City Clerk's office.

Said speaker cards are on file at the City Clerk’s office.

Ms. Perich explained that the available programs currently being administered are listed on the City's website, including the services it assists with.

The Public Hearing closed at 7:58 p.m.

Mayor Pro Tem Peralta motioned to continue this matter to a meeting in February to allow an opportunity for further engagement either virtually or in person to receive more feedback from the community and share these opportunities on the City's website and available media options, aside from the Daily Journal. City Attorney Alvarez stated that it's important to note that if funds are not used, they will be lost. Ms. Perich explained the process, including the deadlines and suggestions to re-allocate funds per HUD. Mayor Pro Tem Peralta explained that she doesn't want to jeopardize the funds for the existing programs and asked that the City commit to ensuring that her concerns are taken seriously and implemented on the next go around, going above and beyond in the public engagement process.

Mayor Pro Tem Peralta withdrew her motion. Councilmember Jimenez motioned to approve the item as is; the motion was seconded by Councilmember Tamayo and approved by the following vote.

MOVED: Jimenez SECONDED: Tamayo APPROVED: 3-0-1-0
AYES: Jimenez, Melendez, Torres
NOES: None
ABSTAIN: Peralta
ABSENT: None

7. PUBLIC HEARING TO APPROVE AN ENERGY SERVICES CONTRACT WITH ALLIANCE BUILDING SOLUTIONS, INC.

NOTE: This Public Hearing will be continued to the City Council Meeting of January 25, 2023 or at a date thereafter as determined by the City Council.

RECOMMENDATION:

Mayor Torres opened the Public Hearing at 8:10 p.m. and requested a motion.

Mayor Pro Tem Peralta motioned to continue this Public Hearing to the January 25, 2023 Regular Meeting. Councilmember Melendez seconded the motion; the motion was approved unanimously.

REGULAR BUSINESS

8. REVIEW OF CURRENT COUNCIL ASSIGNMENTS TO VARIOUS BOARDS, AGENCIES, AD HOC AND TASK

FORCE COMMITTEES

RECOMMENDATION: It is recommended that the City Council:

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1. Review and take action to fill assignments to various Boards, Agencies, Ad Hoc and Task Force Committees; and

2. Designate the Mayor as the representative to the Los Angeles County-City Selection Committee, and the Mayor Pro Tempore as the alternate representative; and

3. Designate the Mayor as the representative to the Board of Directors of Sanitation Districts No's. 2 and 15 of Los Angeles County, and designate an alternate member of the City Council as the alternate; and

4. Approve and fill assignments to the Financial Reporting Ad Hoc; and

5. Take such additional, related, action that may be desirable.

Councilmember Jimenez did not state a preference, with the exception of Gateway Cities Council of Governments.

Councilmember Melendez expressed his interest in the San Gabriel Valley Council Governments (SGVCG), Independent Cities Association, and/or Southern California Association of Governments (SCAG). Councilmember Tamayo expressed her interest in serving as an alternate for the (GCCG) and Southeast Area Animal Control boards (SEAACA). Mayor Pro Tem Peralta expressed her interest in serving as the representative for SEAACA and SGVCOG.

Mayor Pro Tem Peralta motioned to approve the following appointments, seconded by Councilmember Melendez; the motion was approved unanimously:

ORGANIZATION REPRESENTATIVE ALTERNATE
County of Los Angeles Sanitation Districts Torres

Jimenez
Los Angeles County City Selection Committee Torres

Peralta
San Gabriel Valley Council of Governments Peralta

Melendez
Capital Projects Committee - ACE Jimenez

Melendez
Gateway Cities Council of Government Jimenez

Tamayo
Independent Cities Association Melendez

Jimenez
Montebello Chamber of Commerce Tamayo

Peralta
League of California Cities Jimenez

Torres
Southeast Area Animal Control Peralta

Tamayo
Southern California Association of Governments Melendez

Jimenez
Mayor Torres suggested terminating the Cannabis Ad Hoc, Economic Development Ad Hoc, Homelessness Task Force, Military Task Force, Solid Waste Ad Hoc, and Firework Ad hoc and/or Task Forces. In addition, he expressed his interest in finding ways that the City's sister cities, which include Ashiya, Arksak and Ensenada, can be funded by contributing to their activities. Mayor Torres suggested treating the Sister City Association as a delegation versus an Ad Hoc Committee; Mayor Pro Tem Peralta expressed her interest in serving as a delegate.

After further discussion, Coucilmember Melendez motioned, seconded by Mayor Pro Tem Peralta, to dissolve the Cannabis Ad Hoc, Economic Development Ad Hoc, Farmer's Market Ad Hoc, Homelessness Task Force, Military Task Force, Solid Waste Ad Hoc, and Firework Ad Hoc; the motion was approved unanimously. It was also motioned by Mayor Pro Tem Peralta, seconded by Councilmember Melendez, that the Stephaneker Sister Association be added; the motion January 11, 2023: City Council and Public Financing Authority Meeting Minutes

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passed unanimously. Lastly, Councilmember Jimenez motioned, seconded by Councilmember Melendez to approve the Financial Reporting Ad Hoc; the motion passed unanimously.

Mayor Pro Tem Peralta motioned, seconded by Councilmember Melendez, to make the following appointments; the motion passed unanimously.

COMMITTEE/TASK FORCE NAME #1 NAME
#2
DATE
Ashiya Sister City Association Peralta
(Delegate)
Established 1/11/23
Stepanakert Sister City Association Melendez
(Delegate)
Established 1/11/23
Cannabis Ad Hoc Dissolved 1/11/23
Economic Development Ad Hoc Dissolved 1/11/23
Farmer's Market Ad Hoc Dissolved 1/11/23
Homelessness Task Force Dissolved 1/11/23
Innovating Commerce Serving Communities Ad
Hoc
Torres

Peralta

1/11/23
Joint School District (pending District approval) Tamayo

Jimenez

1/11/23
Military Task Force Dissolved 1/11/23
Solid Waste Ad Hoc Dissolved 1/11/23
Streets Ad Hoc Vacant Jimenez

No changes - a study session
to be scheduled for further
discussion.

Washington Goldline Melendez
(Delegate)
Previously, the Transportation
Ad Hoc; name was changed.

Firework Ad Hoc Dissolved 1/11/23
Financial Reporting Ad Hoc Tamayo Torres Established

9. ADOPT RESOLUTION NO. 23-03 APPOINTING A MEMBER AND ALTERNATE(S) TO THE GOVERNING

BOARD OF THE LOS ANGELES GATEWAY REGION INTEGRATED REGIONAL WATER MANAGEMENT

JOINT POWERS AUTHORITY

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 23-03 appointing James Enriquez, Public Works Director, as the primary board member and Rita Montalvo, Assistant Director, as the alternate board members representing the City of Montebello to the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority.

Councilmember Meledez motioned, seconded by Councilmember Jimenez, to approve this item as recommended by staff; the motion was approved unanimously.

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10. CITY COUNCIL VACANCIES – TWO (2) AT-LARGE SEATS

RECOMMENDATION: It is recommended that the City Council:

1. Fill the two (2) City Council vacancies either by appointment or by calling a special election within 60- days of December 14, 2022, the date on which the vacancies occurred; or

2. Repeal by Ordinance that portion of the Montebello Municipal Code section 2.08.050(G) that established a temporary seven-member City Council.

City Attorney Alvarez-Glasman presented the staff report and was available for any questions.

Councilmember Jimenez was not available. Councilmember Melendez stated his support for repealing the Ordinance and not filling the two at-large seats. Councilmember Tamayo had no questions. Mayor Pro Tem Peralta asked if there was any precedent set for elected seats being dissolved in California. City Attorney Alvarez-Glasman stated that if a city retained the 7 member body there would not be a problem. However, if the Council decided to change the composition of the Council to a seven member body on a permanent basis, the government code would require the vote of the people to expand the membership from five to seven. Furthermore, Mr. Alvarez stated that there is no case law or any other jurisdiction that his office is aware of that formulated districts in this fashion. Councilmember Jimenez expressed her support of repealing the ordinance.

Mayor Pro Tem Peralta made a statement about the two options that were approved by City Council and that those are the two options the current council should follow. Furthermore, she stated that dissolving the seats is not legally clear and she believed it would set the City down an unclear path of liability and stated her stance is by appointment by those who came closest to winning their election. Mayor Pro Tem Peralta motioned for the process to continue as an appointment and recommended Rick Alonzo and Marie Ledezma to be appointed to fill the two at large positions. Councilmember Melendez expressed that appointing at this point is extremely unfair and that the Council should set up a process.

Councilmember Tamayo stated that the interested candidates should be considered. Mayor Pro Tem Peralta provided information on how the City of Monrovia handled their appointment process. The City Attorney advised that to avoid litigation, he would still recommend coming back to Council with the proper Resolutions as the agenda did not clearly state an appointment would be discussed. Mayor Pro Tem Peralta stated that she would still like to move forward with her motion. Councilmember Jimenez stated her opposition to appointing Mr. Alonzo and Ms. Ledezma and continued to speak after Mayor Torres asked her to keep the conversation related to policy. Mayor Torres asked the record to reflect the disrespect he felt was provided to the Mayorship.

The mayor recessed at 9:14 p.m. for a 10 minute break. Mayor Torres reconvened the meeting at 10:00 p.m.

Mayor Torres proposed a substitute motion to proceed by filling the two vacancies by appointment; Councilmember Melendez seconded the motion and it passed unanimously.

11. CONSIDERATION
OF INTRODUCTION AND FIRST READING OF ORDINANCE NO. 2459, REPEALING ORDINANCE NO. 2443; CONSIDERATION OF TEMPORARY STARTING TIME ADJUSTMENT FOR CITY

COUNCIL MEETINGS AND ESTABLISH STUDY SESSION TO REVIEW NEWLY PROPOSED RULES OF ORDER

RECOMMENDATION: It is recommended that the City Council:

1. Introduce the attached Ordinance repealing previously adopted Ordinance 2443;

2. Temporarily adjust the starting time of City Council, Public Finance Authority and Successor Agency meetings;

3. Set a time to conduct a Study Session to review the proposed changes to the City Council/Authority/Agency Meeting Rules of Order offered by Mayor Torres; or

4. Take such additional, related action that may be desirable.

City Attorney Arnold Alvarez-Glasman presented a staff report to the City Council and was available to answer any questions.

Councilmember Melendez suggested setting an end time for Council meetings. Councilmember Tamayo, Mayor Pro Tem January 11, 2023: City Council and Public Financing Authority Meeting Minutes

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Peralta and Mayor Torres stated their support for this item. Furthermore, Mayor Torres stated that the City's aim should be to accommodate the public's schedules.

Mayor Pro Tem Peralta motion to introduce the attached Ordinance, seconded by Councilmember Tamayo; the motion passed by the following vote:

MOVED: Peralta SECONDED: Tamayo APPROVED: 4-0-1-0
AYES: Tamayo, Melendez, Peralta, Torres
NOES: None
ABSTAIN: Jimenez
ABSENT: None

Mayor Torres motioned for Closed Session at 6:00 p.m., Regular Session at 7:00 p.m. with the understanding that the meeting would end no later than 11:00 p.m. The motion was seconded by Mayor Pro Tem Peralta, and approved by the following vote:

MOVED: Torres SECONDED: Peralta APPROVED: 4-1-0-0
AYES: Tamayo, Melendez, Peralta, Torres
NOES: Jimenez
ABSTAIN: None
ABSENT: None

Peralta motioned to schedule a study session, seconded by Councilmember Tamayo; and approved by the following vote:

MOVED: Peralta SECONDED: Tamayo APPROVED: 4-0-1-0
AYES: Tamayo, Melendez, Peralta, Torres
NOES: None
ABSTAIN: Jimenez
ABSENT: None

12. ADOPT RESOLUTION NO. 23-04 REINSTATING MAYOR TORRES’ COUNCIL RIGHTS AND PRIVILEGES

RECOMMENDATION: It is recommended that the City Council:

1. Adopt the attached Resolution reinstating Mayor Torres’ Council rights and privileges; or

2. Take such additional, related action that may be desirable.

City Attorney Alvarez-Glasman presented a staff report to the City Council. It was motioned by Mayor Pro Tem Peralta, seconded by Councilmember Tamayo to approve the item as is and passed by the following vote:

MOVED: Peralta SECONDED: Tamayo APPROVED: 3-0-2-0
AYES: Tamayo, Peralta, Torres
NOES: None
ABSTAIN: Jimenez, Melendez
ABSENT: None

13. CONSIDERATION OF INTRODUCTION AND FIRST READING ORDINANCE NO. 2460, REPEALING

VARIOUS EXCEPTIONS OF BIDDING PROCEDURES FOR PROFESSIONAL/SPECIAL SERVICES BY AMENDING CHAPTER 3.21.025 OF THE MONTEBELLO MUNICIPAL CODE January 11, 2023: City Council and Public Financing Authority Meeting Minutes

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RECOMMENDATION: It is recommended that the City Council:

1. Introduce the attached Ordinance amending Montebello Municipal Code section 3.21.025 to repeal various exceptions of bidding procedures for professional and special services; and

2. Take such additional, related action that may be desirable.

City Attorney Alvarez-Glasman presented a staff report to the City Council. It was motioned by Mayor Pro Tem Peralta, seconded by Councilmember Tamayo to approve the item as is and passed by the following vote:

MOVED: Peralta SECONDED: Tamayo APPROVED: 3-1-1-0
AYES: Tamayo, Peralta, Torres
NOES: Jimenez
ABSTAIN: Melendez
ABSENT: None

City Manager Bobadilla stated that there was a public comment submitted for this item; a written comment was read and introduced into the record.

14. APPROVE THE 2023 DATES FOR SPECIAL CITY COUNCIL STUDY SESSIONS

RECOMMENDATION: It is recommended that the City Council:

1. Approve the proposed 2023 calendar year dates establishing Special City Council Study Sessions

Mayor Torres motioned to consider study sessions to discuss the Brownfield matter, economic development, and council procedures; the motion was seconded by Mayor Pro team Peralta and approved by the following vote:

MOVED: Torres SECONDED: Peralta APPROVED: 4-0-1-0
AYES: Tamayo, Peralta, Torres, Melendez
NOES: None
ABSTAIN: Jimenez
ABSENT: 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.

No items were pulled by the City Council for discussion. It was motioned by Councilmember Jimenez, seconded by Mayor Pro Tem Peralta to approve the Consent Calendar; the motion was approved unanimously.

15. APPROVAL OF AMENDMENT NO. 2 TO AGREEMENT NO. 3886 - SUMMER FOOD SERVICE PROGRAM

PROVIDER

RECOMMENDATION: It is recommended that the City Council:

1. Approve Amendment No. 2 extending Agreement No. 3886 for an additional one-year (1-year) term to provide services for the City's Summer Food Service Program; and

2. Authorize the City Manager to execute Amendment No. 2 on behalf of the City; and

3. Take such additional, related, action that may be desirable.

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Motioned by Councilmember Jimenez, seconded by Mayor Pro Tem Peralta; approved unanimously.

16. AUTHORIZATION TO ISSUE PAYMENTS TO INTER-AGENCY COMMUNICATIONS INTEROPERABILITY (ICI) SYSTEM AUTHORITY THROUGH THE CITY OF GLENDALE FOR SERVICES PROVIDED BY MOTOROLA SOLUTIONS, INC. UNDER THE JOINT POWERS AGREEMENT (JPA)

RECOMMENDATION: It is recommended that the City Council:

1. Authorize payments to Interagency Communications Interoperability Authority (ICI System) through the City of Glendale for required radio maintenance and infrastructure repair services provided by Motorola Solutions, Inc. (MSI) for the duration of the six year agreement, and

2. Authorize the total contract expenditures not to exceed $1,747,339 to account for the System Upgrade Agreement (SUA), Advance Series Package, and Master Site/DSR, and

3. Take such additional, related action that may be desirable.

Motioned by Councilmember Jimenez, seconded by Mayor Pro Tem Peralta; approved unanimously.

17. ADOPT SUCCESSOR AGENCY RESOLUTION NO'S. 23-01 AND 23-02 APPROVING OF FISCAL YEAR 2023- 24 RECOGNIZED OBLIGATION PAYMENT SCHEDULE (23-24 ROPS)

RECOMMENDATION: It is recommended that the Successor Agency:

1. Adopt Successor Agency Resolution No. 23-01 adopting the Fiscal Year 2023-24 Recognized Obligation Payment Schedule (23-24 ROPS); and

2. Adopt Successor Agency Resolution No. 23-02 adopting the Successor Agency's administrative budget for the 2023-24 Fiscal year; and

3. Direct staff to submit all required resolutions and related documents to the State of California's Department of Finance per Assembly Bill 26, Senate Bill 107 and all related redevelopment dissolution statutes and guidelines; and

4. Take such additional, related action that may be desirable.

Motioned by Councilmember Jimenez, seconded by Mayor Pro Tem Peralta; approved unanimously.

18. EMERGENCY PLUMBING REPAIRS AT VARIOUS LOCATIONS – CITY MANAGER'S FINAL REPORT

RECOMMENDATION: It is recommended that the City Council:

1. Receive and file the City Manager’s final report of the emergency procurement of plumbing repairs at various locations as prescribed in Montebello Municipal Code Section 3.20.50; and

2. Amend the Fiscal Year 2022-23 budget by increasing appropriations by a total of $99,969 in the Measure A Fund (Account No. 221-70-720-6040.45, Measure A, Parks and Recreation, Parks Maintenance, Sewer Maintenance); and

3. Take such additional, related action that may be desirable.

Motioned by Councilmember Jimenez, seconded by Mayor Pro Tem Peralta; approved unanimously.

19. PAYMENT OF BILLS: ADOPT RESOLUTION NO. 23-02 APPROVING THE CITY WARRANT REGISTER OF DEMANDS DATED JANUARY 11, 2023

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 23-02 Approving the Warrant Register dated January 11, 2023.

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Motioned by Councilmember Jimenez, seconded by Mayor Pro Tem Peralta; 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).

Councilmember Jimenez and Melendez attended Contract Cities Legislative conference.

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

• Angie M. Jimenez, Councilmember:

1. Jerry Griffin - follow up with staff on placing a framed image of the late Mr. Griffin at every fire station to honor his memory and help bring awareness to the members in the Montebello Fire Department during bullying prevention, mental health, suicide prevention month.

2. Formal Apology - ask for Council consensus to hold Mr.Torres accountable for his actions and behavior toward the employees he harassed and intimidated by offering a formal apology for the damage he caused them before considering reinstating his privileges.

Councilmember Jimenez followed up on her request regarding honoring Mr. Griffin's memory, Council Oral Item No.

1. Mayor Torres asked his colleagues for comments or questions and stated that he would abstain from voting on this item for lack of information. Although no motion was taken, Mayor Torres asked for a roll call vote. Councilmembers Tamayo, Melendez, and Jimenez voted in support of this item, and Mayor Torres and Mayor Pro Tem Peralta voted in opposition; consensus was received. Councilmember Jimenez removed Council Oral Item No. 2.

• Salvador Melendez, Councilmember:

1. Requesting Council consensus for a Resolution condemning the illegal blockade of Artsakh.

2. Safety concerns on 6th Street and Whittier Blvd.

Councilmember Melendez requested consensus for a Resolution related to the illegal blockade of Artsakh, Council Oral Item No 1. Mayor Torres asked his colleagues for comments or questions. Although no motion was taken, Mayor Torres asked for a roll call vote and consensus was unanimously received. For Council Oral Item No. 2, Melendez expressed safety concerns about 6th St. and Whittier Blvd. and the need for a solution. Mayor Torres asked his colleagues for comments and questions. Although no motion was taken, Mayor Torres asked for a roll call vote and consensus was unanimously approved.

• Georgina Tamayo, Councilmember:

1. Request for status of American Rescue Plan Act (ARPA) funds.

2. Comments during City Council meetings should focus on issues and not be personalized.

For Council Oral Item No. 1, Councilmember Tamayo requested a brief update on ARPA Funds via a presentation or fact sheet at a future date. Lastly, she made a statement regarding the commitment to respect each other on the dais as part of Council Oral Item No. 2.
• Scarlet Peralta, Mayor Pro Tem:

1. Reinstate Traffic & Safety Commission.

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2. Reinstate Civil Service Commission.
a. Develop a Traffic & Safety Q&A and Directory.

Mayor Torres called for a motion to extend the time of the meeting in order to address two council orals and one closed session item.

It was motioned by Mayor Pro Tem Peralta and seconded by Councilmember Tamayo. Mayor Torres called for a roll call vote and the motion was passed (Yes: Tamayo, Peralta, Torres; No: Jimenez, Melendez).

Councilmember Jimenez left at 10:59 p.m.

Mayor Pro Tem Peralta motioned for consensus to approve her recommendation to reinstate the Traffic & Safety Commission, Council Oral Item No. 1; consensus was received unanimously (Councilmember Jimenez was absent).

Council Item No. 1a. was related to developing a Traffic & Safety Q&A and Directory. It was motioned by Mayor Pro Tem Peralta and seconded by Councilmember Tamayo to receive consensus for this item; consensus was received unanimously (Councilmember Melendez was absent). For Item No. 2, Mayor Pro Tem Peralta motioned, seconded by Councilmember Tamayo to approve the Civil Service Commission; consensus was received (Yes: Torres,Tamayo, Peralta; Abstain:Melendez; Absent: Jimenez).
• David N. Torres, Mayor:

1. Requesting Council consensus directing staff to procure and install chairs in Council Chambers.

2. Requesting Council consensus directing staff to address audio issues in Council Chambers.

For Council Oral Item No. 1, Mayor Torres reports about discussions with city staff regarding the installation of new chairs within the council chambers. For Council Oral Item No. 2, Mayor Torres addressed the audio issues within the council chambers, specifically with the microphone at the podium for public speakers. Consensus to move forward with both items was unanimously received.
.

ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on January 25, 2023 at 5:00 p.m. which can be live streamed at https://www.montebelloca.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, January 8, 2023 5:00 p.m.

Alicia
Fernandez, Senior Deputy City Clerk

The Mayor recessed at 11:06 p.m. into Closed Session to discuss Item No. 2 (please refer to Closed Session Report).

Mayor Pro Tem Peralta motioned to adjourn the meeting at 12:24 a.m., seconded by Councilmember Tamayo to adjourn.

THE MINUTES OF JANUARY 11, 2023 ARE HEREBY APPROVED AND ADOPTED ON THIS 22ND DAY OF MARCH 2023.

AGENDA & NON-AGENDA

COMMENTS
1 Rodarte, Alejandro
From: Andrea Garcia <[email protected]>
Sent: Thursday, January 5, 2023 1:23 PM
To: Comment, ccpublic
Subject: [External Email] Public Comment for January 11th Meeting Dear Montebello City Council Members,

I am writing you this note as a concerned resident of the City of Montebello, to urge you to take immediate action to address the dangerous intersection at 6th Street & Whittier Boulevard. As you may know, this intersection is located in the heart of the new Downtown Montebello and is a key gateway to our city.

I and others in my community are deeply concerned about the safety of pedestrians, bicyclists, and drivers who use this intersection on a daily basis. Through our twice weekly gatherings as part of the Run Montebello Run group, we've witnessed these events regardless if it was day or night, and oftentimes took it upon ourselves to warn pedestrians or use our lights to catch the attention of drivers. As recent as last night, an actual collision occurred at this intersection where two pedestrians were struck.

I urge you to take a proactive approach in finding a solution to this issue. This could include implementing traffic calming measures, building lighted pedestrian crossing signals, adding more lighting to the intersection, and solar powered stop signs.

I believe that this intersection is both an urgent public safety and public health concern and I urge you to please take the swift necessary steps to make the intersection a safe and accessible hub for all members of our community.

Sincerely,

Andrea Garcia
Concerned Montebello Resident

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From: William Moreno
To: Comment, ccpublic
Cc: Melendez, Salvador; Torres, David
Subject: [External Email] Public Street Safety: Montebello Council Meeting: 1/11/23 - public comment Date: Wednesday, January 11, 2023 10:22:52 AM
I have two matters to comment on:

1. I'd like to urge Staff and Council to immediately address the safety

issues

on

6th and Whittier - as was done on Beverly near Mc
Donalds. In the face of increasing development, the needs of the pedestrians

must take

precedent

over auto traffic. You can't have it both
ways.

2. Additionally: Montebello Blvd between

Lincoln and Whitter Bvds. has
become a noisy racetrack, especially

after 7PM - and I have seen no
evidence of traffic enforcement on this stretch of street. Historically this was a quiet residential area

- that was subsequently destroyed by street
expansion by previous

administrations and turned into

little more than

a
"pass-through" for traffic to the 60 Fwy.

Residents and homeowners are owned a measure of safety, quiet and protection of their property values. A complete re-thinking of the street needs to occur.

Immediate mitigation measures should be considered for
implementation including: 1. aggressive speed enforcement - as well as ticketing of autos with noisy and modified mufflers and, 2. potential construction

of "sound walls" like freeway walls and/or sidewalk
expansion.

Traffic should not be privileged

over property owners' safety

and
investments.

Thank you,
William Moreno
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1 Rodarte, Alejandro
From: Anh Trinh <[email protected]>
Sent: Wednesday, January 11, 2023 12:15 PM
To: Comment, ccpublic
Subject: [External Email] (For 1/11/23 Meeting) Traffic safety measure on Montebello Blvd and Liberty Ave.

Dear Montebello City Council/Traffic Commission,

I am a current resident of Montebello who resides near the intersection of Montebello Blvd. and Liberty Ave.

While the city has taken strides to rebuild the roads and construct a median divider (which is very much appreciated), I have since still witnessed many accidents that occur in that intersection. One particular accident occurred last Wednesday, January 4th of 2023. A speeding car side-swiped another car going southbound on Montebello Blvd, causing that car to run into my neighbor's fence, destroying it and also damaging mine (Police report 23-90). The car that caused the accident also took out the walk signal pole and fire hydrant, causing thousands of gallons of water to gush out. This recent accident could've had some fatalities. Our neighbors grandkids were in the living room and were close to the window while it happened. A brick almost flew through the window.

People speed quite often even with the new median divider that is in place. I've lost count of the times that cars have ran through red lights in that intersection. My question is, are there any more measures we can implement to curtail speeding down this street? Can we put traffic cameras there as a speed deterrent like Paramount Blvd near the Shops at Montebello? This needs to be addressed with urgency. We don't want any more fatalities like what happened back in 2018. Thank you.

Sincerely,
Anh Trinh

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***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** 1 Rodarte, Alejandro
From: Cynthia Esparza <[email protected]>
Sent: Wednesday, January 11, 2023 1:08 PM
To: Comment, ccpublic
Subject: [External Email] Urgent - Public Safety Concern To whom it may concern,

I am writing you this letter, as a concerned citizen of the City of Montebello, to urge you to take immediate action to address the dangerous intersection at 6th Street & Whittier Boulevard. As you may know, this intersection is located in the heart of the new Downtown Montebello and is a key gateway to our city.

I and others in my community are deeply concerned about the safety of pedestrians, bicyclists, and drivers who use this intersection on a daily basis. The high volume of traffic, coupled with the lack of sufficient crossing signals and pedestrian walkways, has made this intersection extremely hazardous.

I urge you to take a proactive approach in finding a solution to this issue. This could include implementing traffic calming measures, building lighted pedestrian crossing signals, adding more lighting to the intersection, and solar powered stop signs.

I believe that addressing the safety concerns at this intersection is crucial to the success and prosperity of Downtown Montebello. I urge you to please take the necessary steps to make the intersection at 6th Street and Whittier Boulevard a safe and accessible hub for all members of our community.

Sincerely,

Cynthia Esparza
2403 West Madison Ave.

Montebello, CA. 90640
Contact number: 323-514-8189

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***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** 1 Rodarte, Alejandro
From: Miguel Bautista <[email protected]>
Sent: Wednesday, January 11, 2023 1:38 PM
To: Comment, ccpublic
Subject: Fwd: [External Email] Email comments

Good Evening City Council,
This new Hiring Panel could not have come at the best time, Vernon Creswell can be reinstated from his bad firing, Richard Carlinn can be hired on as a Deputy Director, Craig Barker will be hired as the next assistant Fire Chief and can you guess what they all have in common?

That’s Right they play ball with the New Majority on Council. Birds of a Feather Flock Together Again … The Good Ole Boys Club and We cant Hire for credentials. Because none have them.

If these individuals applying for the position are qualified then no problem but if they are because of friends on council the only ones hurting are the city. That’s the truly sad part.

Lets ask ourself once these people are in these positions, whats next? What are the next favors they will need to do to repay? Scratch my back I scratch your? Because Fire department deals with business matters to, not just burning stuff.

I’m sure they have there hand in this some how and it cant be good.

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***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** 1 Rodarte, Alejandro
From: Andres Cruz <[email protected]>
Sent: Wednesday, January 11, 2023 1:45 PM
To: Comment, ccpublic
Subject: [External Email] 6th st / Whittier Blvd intersection in Montebello Dear Montebello City Council,

I am writing you this letter, as a concerned citizen of the City of Montebello, to urge you to take immediate action to address the dangerous intersection at 6th Street & Whittier Boulevard. As you may know, this intersection is located in the heart of the new Downtown Montebello and is a key gateway to our city.

I and others in my community are deeply concerned about the safety of pedestrians, bicyclists, and drivers who use this intersection on a daily basis. The high volume of traffic, coupled with the lack of sufficient crossing signals and pedestrian walkways, has made this intersection extremely hazardous.

I urge you to take a proactive approach in finding a solution to this issue. This could include implementing traffic calming measures, building lighted pedestrian crossing signals, adding more lighting to the intersection, or just even using reflective paint on the concrete surface.

I believe that addressing the safety concerns at this intersection is crucial to the success and prosperity of Downtown Montebello. I urge you to please take the necessary steps to make the intersection at 6th Street and Whittier Boulevard a safe and accessible hub for all members of our community.

Sincerely,

Andres Cruz
232 N. 5th St.

Montebello, CA 90640

Andres Cruz
Web Consultant / Director / Developer

mobile: 323.333.8160
web: www.andrescruz.net
twitter: @andrescruz

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***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** 1 Rodarte, Alejandro
From: Emmet Malachi <[email protected]>
Sent: Wednesday, January 11, 2023 2:39 PM
To: Comment, ccpublic; Jimenez, Christopher
Subject: [External Email] City Meeting Public Comments
Mayor Torres and Council,
I heard about the big production show you Torres is putting on through school chatter. This is your alma mater school did you make a donation to our, Schurr’s band for coming out to perform? Schurr’s baseball team had their gear stolen year ago or more Mayor Cobos pulled her checkbook out wrote a check to help replace there gear and she didn’t even go to Schurr. So where’s the band’s check Torres, got lost in the mail , should we hold our breathe or now that you need to do damage control will we be seeing one to?
The Difference Mayor Cobos she’s has always been involved, this is her Montebello. She proves she couldn’t be bought because she has her own money, unlike the rest of you. Where she was protecting our city and making it financially secure, well you were doing the opposite.

Your prior family involvement of missing millions from your father Richard, well the apple doesn’t fall far from the tree. The upcoming lawsuits you will be costing our City well into the millions, why should we pay for your bad behavior? This is your behavior you treat people like they are nothing you pay for it. Keep trying to paint yourself as the good guy, we all know exactly who you are, No one likes you. LA City figured it out, we will soon follow.

Emmet

Read into public comments.

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CLOSED SESSION COMMENTS
From: Bobby Nassir
To: Comment, ccpublic
Subject: [External Email] Brownsfield Overlay Zone
Date: Wednesday, January 11, 2023 9:20:59 AM
Good evening and Happy New Year to Council and Staff,
I wanted to respectfully follow up regarding the approved letter that was supposed to be sent to property owners and business owners regarding a stay on evictions and penalties and further ask if the study session could please be scheduled this evening?

Unfortunately,

I am unable
to make it in person but will be watching online.
--
Bobby Nassir
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From: Kevin Wong
To: Comment, ccpublic
Subject: [External Email] Public Comment for Jan 11, 2023 City Council Meeting Date: Wednesday, January 11, 2023 10:36:46 AM
My name is Kevin Wong from Fast Deer Bus Charter on 8105 Slauson Ave, and I am writing to follow up on the Council’s vote from the December 21st meeting. While I was not able to attend the meeting in person, I watched the playback of the entire meeting. I want to thank all of the council members for their 5-0 vote in favor of a study session to review the Brownfield Overlay District. As the representative for our small business, I can say that all of our employees are appreciative of the Council’s effort to spend more time looking into this matter.

At the previous meeting, the Council agreed to transmit letters staying eviction and enforcement of penalties. As of Tuesday, January 10, we have not received these letters. I would like to request that these letters be sent out as soon as possible to help alleviate our concerns. Furthermore, I would also like to request that the date of the study session be determined as quickly as possible. This will allow impacted businesses to have a more concrete timeline of when we can expect this matter to be resolved.

Thank you very much for your time and consideration.

Sincerely,

Kevin Wong

DIRECTOR OF OPERATIONS
Office: (323) 201-8988
www.fastdeerbus.com

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1 Rodarte, Alejandro
From: [email protected]
Sent: Wednesday, January 11, 2023 12:12 PM
To: Comment, ccpublic
Cc: [email protected]
Subject: [External Email] Public Comment Submission
Submitted by: Steve Geil
Email Address: [email protected]

Commented on event: https://montebelloca.civicclerk.com/web/player.aspx?id=1436 If you are having trouble viewing the URL above, cut and paste the string into your browser window.

User comment: January 11, 2023 City of Montebello Honorable Mayor and City Council 1600 West Beverly Boulevard Montebello, CA 90640 Re: Brownfield Overlay District Study Session Dear Honorable Mayor and City Council, I have owned the property located at 1501 Chapin Road since 1984, and I am extremely blessed to have Liberty Linehaul West as an outstanding, long-term tenant. As was articulated through virtually all oral and written public comments at the last City Council meeting, the notice to cease operations and vacate no later than Tuesday, November 22, 2022 came as a complete shock, as the outpouring of concern was overwhelming.

The essential businesses and employees in our area truly represent the heart and soul of Montebello - extremely hard-working individuals, many Montebello residents, whose lives would be devastated if these businesses were forced to cease operations. I am very grateful and thank City Council for your genuine concern and unanimous support of Mayor Torres’ request to immediately transmit letters to businesses in the Brownfield Overlay District staying eviction and enforcement of penalties due to sunset of said district, as well as a Study Session to review and formulate a plan which would provide for both the betterment of the area as well as the assurance that existing property owners and tenants would be allowed to permanently remain in operation. Sincerely, A-1 Property Development, Inc. Steven M. Geil, President
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