CITY OF MONTEBELLO
SPECIAL CITY COUNCIL MEETING AGENDA
MINUTES
WEDNESDAY, JANUARY 18, 2023 AT 6:00 PM
CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD
MONTEBELLO, CALIFORNIA
TELECONFERENCE LOCATION FOR MAYOR TORRES:
CAPITOL HILTON, ROOM 941
1001 16TH ST. NW
WASHINGTON, D.C. 20036
OPENING CEREMONIES
CALL TO ORDER
Mayor Torres called the meeting to order at 6:06 p.m.
ROLL CALL
Members present were Mayor Pro Tem Peralta, Councilmember Melendez, Councilmember Tamayo, and Mayor Torres joined the meeting via teleconference and two at-large seats remain vacant; Councilmember Jimenez was absent. Only three Councilmembers were present in the Council Chambers; City Clerk Jimenez and Treasurer Matanga were also present.
Mayor Torres confirmed that he posted the agenda with 24-hour notice as required by the Brown Act.
City Attorney Arnold Alvarez-Glasman, Assistant City Manager Arlene Salazar, Senior Deputy City Clerk Alicia Fernandez, and Deputy City Clerk Kimberly Guillen were present.
PUBLIC COMMENTS ON AGENDA ITEMS ONLY (30 MINUTES)
At this time, the general public may only address the City Council during this Special Meeting on items which have been described in the notice of this Special meeting in accordance with Government Code Section 54954.3(a). Please be aware that the maximum time allotted for members of the public to speak on shall not exceed three (3) minutes per person. State Law prohibits the City Council 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.
January 18, 2023: City Council Meeting Minutes Page 2 of 3
The City Clerk’s Office acknowledged five (5) 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 twenty-three(23) written public comments submitted to the City’s public comment email address; said 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 6:11 p.m. to consider the following Closed Session items:
1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(d)(2)
One matter relating to the Brownfield Overlay District
REGULAR SESSION – IMMEDIATELY FOLLOWING CLOSED SESSION
CLOSED SESSION REPORT
Mayor Torres reconvened the meeting at 6:33 p.m.
City Attorney Arnold Alvarez-Glasman provided the following report to City Council: City Council discussed the item and directed the City Attorney's Office to hold a study session with the property owners, business owners, and stakeholders in addition to drafting a notice of staying eviction and enforcement of penalties. Councilmember Melendez was not in support of that direction.
CORRECTIONS TO THE AGENDA CITY MANAGER
None.
STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST
None.
REGULAR BUSINESS
2. DISCUSSION BY CITY COUNCIL TO DEFINE THE PROCESS BY WHICH INTERESTED RESIDENTS CAN
APPLY FOR AN APPOINTMENT TO THE VACANCIES OF THE TWO AT-LARGE CITY COUNCIL SEATS
RECOMMENDATION: It is recommended that the City Council:
1. Provide direction in defining the process by which interested residents can apply for an appointment to the vacancies of the two at-large City Council seats.
Councilmember Melendez suggested opening the council vacancies to all residents and spoke in favor of creating a selection process.
Councilmember Tamayo suggested a unanimous process to appoint the vacant council seats instead of a special election.
Mayor Pro Tem Peralta would like to propose an application process similar to the City of Downey and San Joaquin. She provided Council copies of those cities' Council Vacancy Applications. The application solicits the applicant's background, experience, and community involvement. In addition to basic background information, the application asks why they are interested in the appointment and their areas of priority if appointed. She further suggested a required 250-500 word candidate statement similar to the election process. Lastly, she proposed the application period to begin on Thursday, January 19 through Tuesday, January 24, by 4:00 p.m. Applicants can submit their application in person or via email. She further suggested that the timeline would allow staff time to provide the applications to Council for review to prepare for the discussion and appointment at the upcoming Regular City Council Meeting on January 25, 2023. She recommended that the applicants prepare a 90-second oral statement for Council consideration.
The motion to establish said process was made by Mayor Pro Tem Peralta and seconded by Councilmember Tamayo. the January 18, 2023: City Council Meeting Minutes Page 3 of 3
motion was approved unanimously by Councilmembers present.
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).
Date and Posted: January 17, 2023 at 3:00 p.m.
I, Alicia Fernandez, Sr. Deputy City Clerk for the City of Montebello hereby certify that a copy of this agenda has been posted on or before Tuesday, January 17, 2023 by 6:00 p.m.
Alicia
Fernandez, Sr. Deputy City Clerk
Mayor Pro Tem Peralta motioned to adjourn at 7:21 p.m. seconded by Councilmember Melendez.
THE MINUTES OF JANUARY 18, 2023 ARE HEREBY APPROVED AND ADOPTED ON THIS 22ND DAY OF MARCH 2023.
PUBLIC COMMENTS
1 Rodarte, Alejandro
From: [email protected]
Sent: Tuesday, January 17, 2023 3:32 PM
To: Comment, ccpublic
Subject: [External Email] Community Concerns
Good evening;
My name is Linda Nicklas address on file, I would like to put these facts on the record. The Council meeting on 1/11/2023 started at 5 P.M. for the closed session and continued till 1:30 A.M. are you aware Torres you caused the city to violate labor laws by forcing employees to work 16 and one-half hours straight without legal breaks or meal breaks? You cannot use the 10-minute break as an excuse, because employees had to be ready at your command to restart the meeting.
It wasn't enough you had employees stay 16 1/2 hours, then you wanted to call a Special Meeting on Friday when City Hall is closed and that's the employee's day off. Next, you wanted Monday ironically was Martin Luther King Day also a Federal Holiday against the law to force employees to work on that day. So here you are today, what do you plan to have meetings every week? How can you possibly say you are considerate of others?
When you were discussing changing the start time to accommodate one Councilperson, you totally disregarded the effect it would have on the employees and staff. It shows your total disregard for anyone else but yourself. We the residents will also be affected, my bet is that's your goal to keep residents from attending meetings. Just know this, we the residents have been involved before you were in power and will continue until you are gone.
On that note thank you Peralta aka Tapia for putting your violation of the Brown Act by you, Torres, and Tamayo on the record during your Orals explaining how you 3 discussed appoint of 2 at large positions. I contacted the Voter Registrar"s Office and in their opinion, the votes should be the persons who have the most votes in all Districts, but we know the last person you'd want on the Dais is former Mayor Cobos Cawthorne and former Treasurer Rafael Gutierrez, they would not take bribes, they had the highest vote counts. You three Torres, Peralta aka Tapia, and Tamayo should not take away the rights of the voters by not conducting a democratic process. It will be legally challenged, the City Attorney was wrong when he allowed you to Peralta to make a motion removing hiring powers from the City Manager. I did mention Councilman Melendez could argue the point and win, I was correct.
Tread very carefully you three Torres, Peralta, and Tamayo you are on thin ice legally, just because you have the majority voting powers does not equate to acting in the best interest of the City of Montebello, not to benefiting yourselves.
A resident spoke and mentioned Torres meeting with former Councilman Urteaga, regarding the development of our Golf Course, is that why you now call yourself a developer? You do realize since it's on the record you cannot vote on any item moving forward with that idea?
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** 1 Rodarte, Alejandro
From: Al Pimentel <[email protected]>
Sent: Wednesday, January 18, 2023 2:56 PM
To: Comment, ccpublic
Subject: [External Email] Public Comment for Special Meeting Members of the Montebello City Council,
My name is Dr. Al Pimentel Jr and I am submitting this letter because I am concerned about the rationale or rather, logic, behind the proposed appointments to fill the two vacant at-large seats on the city council. First, I’d like to make it abundantly clear that I am not opposed to filling the two at-large seats nor am I living in a fantasy world that would suggest that these seats would be filled by anyone other than allies of the majority. It’s politics, I understand that. My concerns are focused on the premature nomination of two individuals based on the simple fact that they sought office and happened to lose within 100 votes. Though admirable that these individuals put up a challenge against two incumbents, that should not be the sole qualifying factor used to determine the appointments. First, the votes earned in both of these tight races each represent 1/5 of the city and fail to meet any logical threshold that would be acceptable in the world of academia, the sample size is simply too small.
Second, these votes are not a reflection of the general attitudes or beliefs of Montebello residents.
Third, making such appointments on the basis of these individuals running for office and the thought that if someone wanted to be on city council, they would have been a candidate is absurd. Please note, democracy provides many with the opportunity to seek political office but privilege allows individuals to have the guidance and financial backing to pursue that office. In other words, not everyone has the political advisors and access to campaign financing that our current council members benefited from in this past election. Fourth, the city council voted to transition to a district-based election system due to a complaint about CVRA violations. I urge the city council to use this unique appointment opportunity and appoint a member (or two) from the AAPI community. The AAPI community has historically been excluded from elected office in Montebello and our city council has the ability to begin to rewrite Montebello history by focusing on diversity, equity, and inclusion. My final point is the following: the concepts of transparency and fairness are beautiful concepts when applied equally. Therefore, just as our city council members have been vocal advocates for greater transparency, I recommend that you practice what you preach and allow these appointments to go through an interview process. At the end of the day, the majority will be able to select their appointees and hopefully these appointments will consist of individuals with undeniable qualifications, integrity, skills, and knowledge about how to move the city forward. In other words, please actively recruit and appoint the strongest and most qualified residents to fill the two empty seats.
On another note, I’d like to congratulate David Torres on his historic mayorship, this is all part of your legacy in our city!
-Al
--
Alberto Pimentel Jr, Ed.D, M.P.A, M.A
Assistant Professor of Sociology, Los Angeles Harbor College Advisory Council, USC Viterbi School of Engineering
323.309.3439
1 Rodarte, Alejandro
From: Juan Rangel <[email protected]>
Sent: Wednesday, January 18, 2023 2:40 PM
To: Comment, ccpublic
Subject: [External Email] Public Comment for agenda Item #2 of special City Council meeting
01.08.23 Public Comment:
RE: Agenda item #2 - Process to apply for an appointment to the vacancies of the two at-large City Council seats
In the last City Council meeting, Council member Scarlet Peralta nominated Marie Ledezma and Rick Alonzo to the vacant council seats by justifying the decision on the amount of votes by which they lost their respective elections; however, an argument may also be made for appointing the candidates that received the most number of votes. These (2) seats would represent the City at large; therefore, an argument may be made to seat the candidates that were not elected but received the most votes in this election. Former Mayor Kimberly Cobos- Cawthorne received 1,041 votes and Rafael Gutierrez received 911 votes compared to Marie Ledezma who received 880 votes and Rick Alonzo who received the least number of votes of all second place candidates with 686 votes.
Furthermore, it is not proper for the Council to establish the rules for seating these vacant seats after the results of the election have been certified. It seems that there are multiple violations and conflicts of interests given that the rules will be created in order to seat the candidates certain Council members prefer.
I encourage the City attorney to please review part D of section 2.08.050 municipal code which states, if vacancies in Council member offices elected at-large occur before expiration of the full term thereof, such vacancies will be filled according to law from the City at-large. As a result, it seems that an election or appointing the candidates with the greater number of votes would be the proper action under this section of the code.
Moreover, adding new council members would require another vote for Mayor and Mayor Pro-Tem as the (2) new Council members should have the same privileges and votes thereof to elect the Mayor and Mayor Pro- Tem.
I encourage the Council to allow for the residents to vote in an at-large election or seat the candidates with the greater number of votes from the previous election. If the vacant seats are filled without considering the residents then the district election would have served no purpose and the City will remain liable under the California Voter Registration Act. I further encourage the Council to listen to the recommendations of the residents instead of following the same process of not being fully transparent, limiting conversation, providing last minute notices and making politically motivated decisions.
1 Rodarte, Alejandro
From: Sylvia Takeyama <[email protected]>
Sent: Tuesday, January 17, 2023 3:35 PM
To: Comment, ccpublic
Subject: [External Email] Local Resident
Respectfully, my comment is addressed to the city council.
As an educated resident it is so distasteful to see how one council member Jimenez is so rude to the council each meeting she is attacking her fellow council members.
The council is doing their best to clean up this mess that the former mayor has brought to the city. As a thirty year resident I can honestly say whole heartedly that the council that we have now will make decisions for the best interest of the residents of Montebello.
I would also like to add in this day and age we need to respect each other as we will hold accountable those who do not adhere to that be mindful Mrs. Jimenez we are all adults. City residents are watching these meetings.
Let’s move forward in a positive manner for a better tomorrow for Montebello.
Sylvia Takeyama
‐‐‐
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** Number First Name Middle Initial Last Name
1 Ruth N. Lopez
2 Roxana Pimentel
3 Rosalind Harada
4 Lily Teran
5 Diana Reymundo
6 Sandra Sage
7 Flor Alvarez
8 Berta Barajas
9 Sylvia Takeyama
10 Cristina Sarabia
11 Michael Ortiz
12 Jannette Huffines
13 Yolanda Aguiar
14 David J. Sanchez
15 Maura Cardenas
16 Terry Cardenas
17 Pattie S. Sanchez
18 Laura Cardenas
1 Rodarte, Alejandro
From: Ruth Noemi Lopez <[email protected]>
Sent: Monday, January 16, 2023 6:21 PM
To: Comment, ccpublic
Subject: [External Email] Vacant at -large seats
Honorable Mayor Torres and Councilmembers, We would like you to appoint Rick Alonzo and Marie Ledezma for Montebello vacant at -large seats.
Thank you
Roxy Pimentel
Sent from Yahoo Mail on Android
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** 1 Rodarte, Alejandro
From: Roxana Pimentel <[email protected]>
Sent: Monday, January 16, 2023 6:25 PM
To: Comment, ccpublic
Subject: [External Email] Vacant at large seats
Honorable Mayor Torres and Councilmembers, We would like you to appoint Rick Alonzo and Marie Ledezma for Montebello vacant at -large seats.
Thank you
Roxana N. Rubal
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** 1 Rodarte, Alejandro
From: Roz Harada <[email protected]>
Sent: Tuesday, January 17, 2023 7:54 AM
To: Comment, ccpublic
Subject: [External Email] Appointment of at-large City Council seats Mayor Torres and Councilmembers,
I would like you to appoint Rick Alonzo and Marie Ledezma for Montebello's vacant at-large seats.
Thank you.
Rosalind Harada
2013 San Antonio Dr.
Montebello, CA
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** 1 Rodarte, Alejandro
From: Lily Teran <[email protected]>
Sent: Tuesday, January 17, 2023 10:14 AM
To: Comment, ccpublic
Subject: [External Email] Public Comment January 18, 2023 Hello Mayor Torres and Councilmembers,
We would like you to appoint Rick Alonzo and Marie Ledezma for Montebello's vacant at-large seats.
Thank you,
Eddie Enriquez and Lily Teran
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** 1 Rodarte, Alejandro
From: Diana Reymundo <[email protected]>
Sent: Tuesday, January 17, 2023 10:26 AM
To: Comment, ccpublic
Subject: [External Email] Public Comment January 18, 2023 Mayor Torres and Council‐members,
We would like to appoint Ms. Marie Ledezma and Rick Alonzo for Montebello’s vacant at‐large seats.
Thank you, Richard and Diana Reymundo.😊
‐‐‐
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** 1 Rodarte, Alejandro
From: sandra sage <[email protected]>
Sent: Tuesday, January 17, 2023 2:29 PM
To: Comment, ccpublic
Subject: [External Email] At Large vacant seats
Mayor Torres and Councilmembers,
Please appoint Rick Alonzo and Marie Ledezma to Montebello’s at-large vacant seats.
Thank you
Sandra Sage
Sent from Yahoo Mail for iPhone
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** 1 Rodarte, Alejandro
From: Flor Alvarez <[email protected]>
Sent: Tuesday, January 17, 2023 3:00 PM
To: Comment, ccpublic
Subject: [External Email] Dear mayor Torres
Mayor Torres and Councilmembers,
Please appoint Rick Alonzo and Marie Ledezma to Montebello's vacant at-large seats.
Thank you,
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** 1 Rodarte, Alejandro
From: Berta Barajas <[email protected]>
Sent: Tuesday, January 17, 2023 3:10 PM
To: Comment, ccpublic
Subject: [External Email] At-large council seats
Mayor Torres and Councilmembers,
Please appoint Rick Alonzo and Marie Ledezma to Montebello's vacant at‐large seats.
Thank you,
Berta Barajas
‐‐‐
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** 1 Rodarte, Alejandro
From: Sylvia Takeyama <[email protected]>
Sent: Tuesday, January 17, 2023 3:18 PM
To: Comment, ccpublic
Subject: Re: [External Email] Council Seats
Mayor Torres and Councilmembers,
Please appoint Rick Alonzo and Marie Ledezma to Montebello's vacant at‐large seats.
Thank you,
Sylvia Takeyama
‐‐‐
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** 1 Rodarte, Alejandro
From: Cristina Sarabia <[email protected]>
Sent: Tuesday, January 17, 2023 3:27 PM
To: Comment, ccpublic
Subject: [External Email] URGENT Request
Mayor Torres and Councilmembers:
Please appoint Rick Alonzo and Marie Ledezma to Montebello's vacant at‐large seats.
Thank you!
Respectfully submitted,
Cristina Sarabia
300 North 7th Street
Montebello, CA 90640
Sent from my iPhone
‐‐‐
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** 1 Rodarte, Alejandro
From: Michael Ortiz <[email protected]>
Sent: Tuesday, January 17, 2023 3:40 PM
To: Comment, ccpublic
Subject: [External Email] At Large Vacant Seats
Mayor Torres and Council Members
Please appoint Rick Alonzo and Marie Ledezma to Montebello’s at large vacant seats.
Thank You
Michael Ortiz
Montebello Resident
Sent from my iPhone
‐‐‐
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** 1 Rodarte, Alejandro
From: [email protected]
Sent: Tuesday, January 17, 2023 5:03 PM
To: Comment, ccpublic
Subject: [External Email] Vacant Council Seats
Mayor Torres and fellow Councilmembers,
As a fellow resident of Montebello I would like to express my opinion on who should be appointed to the two vacant at- large council seats. Since the district elections their are two candidates with a significant amount of votes from their respective district runs. Please consider appointing Marie Ledezma from District 3 and Rick Alonzo from District 5. I strongly believe we need to have these two candidates to add a new and fresh perspective for the good of our City.
Thank you for your consideration .
Janette Huffines
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** 1 Rodarte, Alejandro
From: Aguiar <[email protected]>
Sent: Tuesday, January 17, 2023 5:38 PM
To: Comment, ccpublic
Cc: Torres, David; Peralta, Scarlet; Tamayo, Georgina; Melendez, Salvador; Jimenez, Angie Subject: [External Email] Vacant At-large City Council Seats Honorable Mayor Torres and City Councilmembers,
In following through with Montebello Municipal Code/Ordinance approved by the former Council majority on June 15, 2022, expanding the council to seven (7) members, please appoint Rick Alonzo and Marie Ledezma to fill those vacancies. There is no need to spend our taxpayers' money on a costly special election.
Thank you for your consideration.
Yolanda Aguiar
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** 1 Rodarte, Alejandro
From: David J. Sanchez <[email protected]>
Sent: Tuesday, January 17, 2023 6:39 PM
To: Comment, ccpublic
Subject: [External Email] At Large City Council Seats
Mayor David Torres, Mayor Pro Tem Scarlet Peralta and Council Member Georgina Tamayo,
Please appoint Rick Alonzo and Marie Ledezma to Montebello's vacant City Council At Large seats.
Best Regards,
David John Sanchez
815 Perry Avenue
Montebello CA 90640
‐‐‐
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** 1 Rodarte, Alejandro
From: Maura Cardenas <[email protected]>
Sent: Tuesday, January 17, 2023 6:41 PM
To: Comment, ccpublic
Subject: [External Email] Appoint Rick Alonso and Marie Ledezma Dear Mayor Torres and counsel members,
Please appoint Rick Alonso and Marie Ledezma to Montebello's at-large vacant seats.
Thank you.
Maura Cardenas
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** 1 Rodarte, Alejandro
From: Terry Cardenas <[email protected]>
Sent: Tuesday, January 17, 2023 7:00 PM
To: Comment, ccpublic
Subject: [External Email] Appoint Rick Alonzo and Marie Ledezma Mayor Torres and Councilmembers,
Please appoint Rick Alonzo and Marie Ledezma to Montebello's at-large vacant seats.
Thank you,
Maria-Teresa Cardenas
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** 1 Rodarte, Alejandro
From: Pattie Soltero Sanchez <[email protected]> Sent: Tuesday, January 17, 2023 7:08 PM
To: Comment, ccpublic
Subject: [External Email] At Large seats
Mayor David Torres, Mayor Pro Tem Scarlet Peralta and Council Member Georgina Tamayo,
Please appoint Rick Alonzo and Marie Ledezma to Montebello's vacant City Council At Large seats.
Best Regards,
Dr. Pattie Soltero Sanchez
815 Perry Avenue
Montebello CA 90640
‐Pattie
‐‐‐
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.*** 1 Rodarte, Alejandro
From: Laura Cardenas <[email protected]>
Sent: Tuesday, January 17, 2023 7:17 PM
To: Comment, ccpublic
Subject: [External Email] Appoint Rick Alonzo and Marie Ledezma Dear Mayor Torres and Councilmembers,
Please appoint Rick Alonzo and Marie Ledezma to Montebello's at-large vacant seats.
Thank you,
Laura Cardenas
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***