CITY OF MONTEBELLO
ADJOURNED CITY COUNCIL AND PUBLIC FINANCING AUTHORITY JOINT MEETING
MINUTES
MONDAY, FEBRUARY 13, 2023 AT 6:00 PM
CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD
MONTEBELLO, CALIFORNIA
OPENING CEREMONIES
CALL TO ORDER
Mayor Torres called the City Council and Public Financing Authority Joint Regular Meeting to order at 6:03 p.m.
ROLL CALL
Members present were Mayor Torres, Mayor Pro Tem Peralta, and Councilmember Tamayo and two at-large seats remain vacant. Councilmember Jimenez and Councilmember Melendez were absent. City Clerk Jimenez and Treasurer Matanga were also present.
City Attorney Arnold Alvarez-Glasman, Assistant City Manager Arlene Salazar, Senior Deputy City Clerk Alicia Fernandez, Deputy City Clerk Kimberly Guillen, and all Department Directors were present.
REGULAR SESSION NO LATER THAN 6:00 P.M.
INVOCATION
City Clerk Jimenez led the City Council in the Invocation.
PLEDGE OF ALLEGIANCE
Mayor Pro Tem Peralta led the City Council in the Pledge of Allegiance.
CORRECTIONS TO THE AGENDA CITY MANAGER
None.
CEREMONIAL/PRESENTATIONS
February 13, 2023: City Council and Public Financing Authority Meeting Minutes
1. BLACK HISTORY MONTH
Presented by Mayor Torres.
2. AMERICAN HEART 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 eight (8) 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 ten (10) written public comments submitted to the City’s public comment email address; said comments are on file at the City Clerk’s office.
Prior to the start of the meeting, Senior Deputy City Clerk Alicia Fernandez recommended via email that the meeting be adjourned due to a lack of quorum, similar to how the February 2, 2023 meeting was adjourned. Additionally, she confirmed with Mayor Torres that he was in receipt of the email and he stated that he would proceed with the meeting. Once the meeting was called to order, Mayor Torres made a statement that he made the decision to move forward with the meeting with only three members and stated after considering the issue and receiving legal counsel’s opinion and seeing how there is no legal precedent that speaks to the City's unique situation, it was his opinion that government would come to a halt if a quorum could be so easily threatened by the presence of vacancies. City Attorney Alvarez-Glasman stated his support for Mayor Torres' comments regarding quorum. He noted that the City Attorney’s office conferred with an election law attorney and agreed with the position that three members are a quorum. Further, the current Municipal Code states that three members constitutes a quorum. He noted that there was an item that came before Council to increase quorum from three members to four members but it was tabled and never acted upon. As a result of the language of the government code, the Montebello Municipal code, a case from Arcadia in 1939 and all consideration of legal authority and Mayor’s declaration it is the viewpoint that this meeting can occur accordingly and the meeting will go forward with three members.
STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST
REGULAR BUSINESS
3. FISCAL YEAR 2022-23 SECOND QUARTER BUDGET REPORT
RECOMMENDATION: It is recommended that the City Council:
1. Receive and file this agenda report and the presentation on the Fiscal Year 2022-23 Second Quarter Budget report; and
2. Amend the budget by increasing appropriations by the listed amounts in the various accounts listed on Attachment B; and
3. Update the Table of Organization/Master Position Control for the Human Resources and Transit Departments (Attachment C); and
4. Take whatever additional actions necessary.
Director Solorza provided a PowerPoint presentation to the City Council.
Mayor Pro Tem Peralta expressed that actionable items such as budget amendments and staffing reorganization should be their own agenda items. Furthermore, Ms. Peralta stated that any new position should include a description of that position and an estimate of each position, in terms of salary and benefits, to keep the community informed. Mayor Pro Tem Peralta clarified she does not oppose staffing updates but the priority of the Council should be focusing on staffing in February 13, 2023: City Council and Public Financing Authority Meeting Minutes
the public service sector, which includes the shortfalls in workforce in fire, police, and transit. She further went on to explain that it is the Council's fiduciary duty to figure out how to increase those positions that work directly with the community and ways to improve employee retention. Lastly, she expressed that these staffing positions should be first before continuing to increase staffing in upper management and administrative positions.
Mayor Torres reiterated Peralta's comments, emphasizing that some of these items should come as separate agenda items. Furthermore, he expressed how important the way agenda items are listed in the agenda as it signals to the community the kind of decisions that are being made. Mayor Torres then made the following motions:
Mayor Torres motioned to approve the $15,450,00 for the Golf Course Project, seconded by Mayor Pro Tem Peralta; the motion was approved unanimously by Councilmembers present.
Mayor Torres motioned that the IT Strategic Plan come back as a separate agenda item and that it should include all the proposals the City received for this project and the scoring criteria that the City used and scores of the applicants and also the final Professional Services Agreement and it was seconded by Mayor Pro Tem Peralta; the motion was approved unanimously by Councilmembers present.
Mayor Torres motioned that the other requested budget amendments come back as their own agenda items with the proper background and descriptions, seconded by Councilmember Tamayo; the motion was approved unanimously by Councilmembers present.
Mayor Torres motioned to direct staff to create a policy where by budget amendments appear as individual agenda items in the future and also that changes to the table of organization adding, subtracting or changing positions also appear as its own individual agenda item, seconded by Mayor Pro Tem Peralta; the motion was approved unanimously by Councilmembers present.
4. REVIEW OF CITY COUNCIL APPLICATIONS RECEIVED AND CONSIDERATION OF APPOINTMENT FOR TWO AT-LARGE CITY COUNCIL SEATS WITH AN ENDING TERM OF NOVEMBER 12, 2024
RECOMMENDATION: It is recommended that the City Council:
1. Review and evaluate applications received by residents interested in being appointed to the vacant at- large City Council seats; and
2. Receive comments from applicants; and
3. Designate those to be appointed to the vacant City Council seats for a two-year period; and
4. Take such additional, related action that may be desirable.
City Attorney Alvarez-Glasman stated that because of the action on Council on Item No. 18, it would be appropriate to take no action on this item.
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.
Mayor Torres, Mayor Pro Tem Peralta, and Councilmember Tamayo pulled Item No. 7 for discussion. Councilmember Tamayo also pulled Item No. 9 and Mayor Torres pulled Item No. 16.
Councilmember Peralta motioned to approve Item No’s. 5,6,8,10-15, and 17, seconded by Councilmember Tamayo; the motion was approved unanimously by Councilmembers present.
5. ADOPTION OF RESOLUTION NO. 23-07 OF THE CITY COUNCIL OF THE CITY OF MONTEBELLO CONDEMNING AZERBAIJAN’S ILLEGAL BLOCKADE OF NAGORNO-KARABAKH (ARTSAKH)
RECOMMENDATION: It is recommended that the City Council:
February 13, 2023: City Council and Public Financing Authority Meeting Minutes
1. Adopt Resolution No. 23-07 condemning Azerbaijan’s blockade of Nagorno-Kharabakh (Artsakh); and
2. Take such additional, related action that may be desirable.
Approved unanimously.
6. ADOPT RESOLUTION NO. 23-13 APPROVING THE APPLICATION FOR SPECIFIED GRANT FUNDS FOR
THE MONTEBELLO DOWNTOWN SEWER INFRASTRUCTURE IMPROVEMENT PROJECT
RECOMMENDATION: It is recommended that the City Council:
1. Adopt Resolution No. 23-13 approving the application for grant funding for the Montebello Downtown Sewer Infrastructure Improvement Project; and
2. Authorize the City Manager to execute the financial assistance agreements and any other related documents in a final form approved by the City Attorney; and
3. Take such additional, related action that may be desirable.
Approved unanimously.
7. ADOPT RESOLUTION NO. 23-11 ACCEPTING CERTAIN ROADS AND STREETS INTO THE CITY STREET SYSTEM AND RESOLUTION NO. 23-10 NAMING A CERTAIN PUBLIC STREET AND ROAD “TOPGOLF WAY” AND FINDING SUCH ACTIONS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
RECOMMENDATION: It is recommended that the City Council:
1. Adopt Resolution No. 23-11 accepting certain roads and streets into the City Street System, and finding such action exempt from the California Environmental Quality Act (“CEQA”); and
2. Adopt Resolution No. 23-10 naming a certain public street and road “Topgolf Way”; and
3. Authorize the City Manager to execute certificates and any other related documents to consummate the acceptance of said streets or roads, including naming, in a form approved by the City Attorney; and
4. Take such additional, related action that may be desirable.
Councilmember Tamayo asked if the naming of the street is a requirement of the funds. Director Enriquez stated that it was not and it was at the request of Topgolf. He further clarified that the naming is for a new entry road that turns into Topgolf and the new clubhouse and they are not renaming Via San Clemente.
Mayor Pro Tem Peralta expressed her opposition to the approval of this item and stated that the City shouldn't move forward with the naming of the new street without a monetary incentive for the City. Furthermore, she suggested that the naming of the street could be something historical and honoring to the City.
Director Enriquez clarified that there are two separate Resolutions and asked if Resolution No. 23-11 could be passed at this time as it does affect funding as it makes it eligible for transportation funds. Director Enriquez also asked for direction as to what process staff should go through to select a name. Mayor Torres stated the Council will consider this further and they will work with staff along the way.
Mayor Pro Tem Peralta motioned to approve Recommendation No. 1, to adopt Resolution No. 23-11, seconded by Councilmember Tamayo; the motion was approved unanimously by Councilmembers present.
Mayor Torres made a second motion to defer Recommendation No. 2 to the March 8, 2023 meeting, adoption of Resolution No. 23-10, seconded by Councilmember Tamayo; the motion was approved unanimously by Councilmembers present.
Director Enriquez requested that the Council provide staff with a naming process.
Mayor Torres clarified the approval of Resolution No. 23-11, and restated that Resolution No. 23-10 is to be held over to March 8, 2023.
8. BEACH STREET PAVEMENT AND STORM DRAIN REHABILITATION PROJECT (CP NO. 883) - NOTICE OF
COMPLETION
RECOMMENDATION: It is recommended that the City Council:
February 13, 2023: City Council and Public Financing Authority Meeting Minutes
1. Accept the Beach Street Pavement and Storm Drain Rehabilitation Project (CP No. 883) as completed by Gentry Brothers Inc.; and
2. Find that the requested “Changes in Work” for the project (Attachment A) have no significant effect on the environment and approve changes in the aggregate amount of $40,088; the final contract amount with Gentry Brothers, Inc. is $1,441,636; and
3. Approve the Final Total Project Budget (Attachment B); and
4. Authorize the City Clerk to file the Notice of Completion with the Los Angeles County Recorder (Attachment C); and
5. Authorize the City Manager to release the retention payment due to Gentry Brothers, Inc. following the mandatory waiting period from the date of Notice of completion is recorded; and
6. Take such additional, related action that may be desirable.
Approved unanimously.
9. AUTHORIZE THE CITY MANAGER TO EXECUTE THE EXCHANGE AGREEMENT NO. 4071 WITH LA METRO
OF FEDERAL SURFACE TRANSPORTATION PROGRAM-LOCAL AND HIGHWAY INFRASTRUCTURE
PROGRAMS FUNDS
RECOMMENDATION: It is recommended that the City Council:
1. Authorize the City Manager to execute the Exchange Agreement and Assignment of Federal Surface Transportation Program-Local and Highway Infrastructure Programs Funds; and
2. Take such additional, related action that may be desirable.
Councilmember Tamayo expressed that we should be implementing development impact fees on these kinds of improvements. She explained what a development impact fee is and that this fee could offset the cost of infrastructure for public services such as roads, schools and parks. She mentioned that this developmental impact fee had reached consensus prior and asked if this item can come back to the Council with some kind of fee structure. Director Solorza explained that the implementation of this development impact fee requires its own separate fee study and the need to procure a consultant prior to creating a proposal for those fees. Furthermore, he noted that a user fee study is currently underway, but it is completely different than the development impact fee.
Councilmember Peralta stated that she received consensus on April 28, 2021 for a development impact fee structure to be formalized and be brought forth for action. She noted that she was told that the process would be brought back through a study. Councilmember Peralta asked for a clear, direct timeline of when this will be brought back to council to take action.
Assistant City Manager Salazar clarified that staff was given direction for a user fee study and stated that is separate from this item and asked if Council can take action regarding Item No. 9. She further stated that the user fee study is underway and has about 6 more months left and that will come back to Council once completed.
Mayor Pro Tem Peralta motioned to approve the item as is and added to give direction to staff to work on creating a development impact fee structure to bring back to Council for a formal vote, seconded by Councilmember Tamayo; the motion was approved unanimously by Councilmembers present.
10. WAIVE THE SECOND READING AND ADOPT ORDINANCE NO. 2461 AMENDING THE GENERAL PLAN AND ZONING DESIGNATION (CASE NO. “PC-2022-0004-GPA-ZC-SPR”) FOR THE PROPERTY LOCATED AT 844 SOUTH GREENWOOD AVENUE TO ALLOW THE CONSTRUCTION OF TWELVE (12) RESIDENTIAL
DWELLING UNITS
RECOMMENDATION: It is recommended that the City Council:
1. Waive Second Reading and Adopt Ordinance No. 2461 approving a General Plan Amendment (“GPA”) and Zone Change (“ZC”) (Case No. PC-2022-0004-GPA-ZC-SPR) for the property located at 844 S.
Greenwood Avenue (“Project Site”); and
2. FIND and DETERMINE the GPA and ZC to be statutorily exempt from the California Environmental Quality Act (“CEQA”) under CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption) considering that CEQA only applies to projects which have the potential for causing a significant effect on the environment; and
3. Take such additional, related action that may be desirable.
February 13, 2023: City Council and Public Financing Authority Meeting Minutes
Approved unanimously.
11. ADOPT RESOLUTION NO. 23-12, DECLARATION OF SURPLUS LAND FOR CITY-OWNED PROPERTY LOCATED AT 612 W. WHITTIER BOULEVARD, MONTEBELLO, CALIFORNIA 90640
RECOMMENDATION: It is recommended that the City Council:
1. Adopt Resolution No. 23-12 declaring City-owned property located at 612 W. Whittier Boulevard, Montebello, California surplus land pursuant to Government Code Section 54221(b)(1); and
2. Take such additional, related action that may be desirable.
Approved unanimously.
12. AUTHORIZATION TO SUBMIT AN APPLICATION FOR THE CLEAN CALIFORNIA LOCAL GRANT
PROGRAM
RECOMMENDATION: It is recommended that the City Council:
1. Authorize the submission of an application to the Clean California Local Grant Program; and
2. Take such additional, related action that may be desirable.
Approved unanimously.
13. AUTHORIZATION TO SUBMIT AN APPLICATION FOR THE LA84 FOUNDATION SUMMER SPLASH GRANT
PROGRAM
RECOMMENDATION: It is recommended that the City Council:
1. Authorize the Recreation and Community Services Department's submission of an application for the LA84 Foundation Summer Splash Grant Program on behalf of the City of Montebello; and
2. Take such additional, related action that may be desirable.
Approved unanimously.
14. APPROVAL OF BUREAU OF JUSTICE ASSISTANCE (BJA), PATRICK LEAHY BULLETPROOF VEST
PARTNERSHIP (BVP) SOLICITATION FUNDS UTILIZATION
RECOMMENDATION: It is recommended that the City Council:
1. Approve the use of grant funding awarded to the Police Department by the Bureau of Justice Assistance (BJA), Patrick Leahy Bulletproof Vest Partnership (BVP) solicitation funds utilization, in the amount of $21,628.49; and
2. Amend the Fiscal Year 2022-23 budget and increase appropriations by $21,628, in grant Account No. 265-8003-6010.60 (Grants, Bulletproof Vest Grant, Personal Protective Equipment [expenditures]) and Account No. 265-99-4198.84 (Grants, Bulletproof Vest Grant [revenue]); and
3. Take such additional, related action that may be desirable.
Approved unanimously.
15. TREASURER'S REPORT FOR THE QUARTER ENDING DECEMBER 31, 2022
RECOMMENDATION: It is recommended that the City Council:
1. Receive and file the Quarterly Treasurer’s Report for the quarter ending December 31, 2022 (Second Quarter).
Approved unanimously.
16. PAYMENT OF BILLS: ADOPT RESOLUTION NO. 23-09 APPROVING THE CITY WARRANT REGISTER OF DEMANDS DATED FEBRUARY 13, 2023
RECOMMENDATION: It is recommended that the City Council:
February 13, 2023: City Council and Public Financing Authority Meeting Minutes
1. Adopt Resolution No. 23-09 approving the Warrant Register dated February 13, 2023.
Mayor Torres pulled this item for discussion. Torres motioned to approve Warrant Register Resolution No. 23-09 with the exception of Warrant No. 598866, it was seconded by Mayor Pro Tem Peralta; the motion was approved unanimously by Councilmembers present.
17. APPROVAL OF MINUTES: NOVEMBER 16, 2022 CITY COUNCIL, SUCCESSOR AGENCY, AND PUBLIC
FINANCING AUTHORITY JOINT REGULAR MEETING
RECOMMENDATION: It is recommended that the City Council:
1. Approve said minutes as is.
Approved unanimously.
18. WAIVE SECOND READING AND ADOPT ORDINANCE NO. 2458 AMENDING SECTION 2.08.050 OF THE
MONTEBELLO MUNICIPAL CODE TO REPEAL THE PROVISION ESTABLISHING A TEMPORARY SEVEN
MEMBER CITY COUNCIL TO CAUSE THE CITY COUNCIL TO REMAIN A FIVE MEMBER BODY
RECOMMENDATION: It is recommended that the City Council:
1. Waive the Second Reading and adopt Ordinance No. 2458 repealing that portion of the Montebello Municipal Code section 2.08.050(G) that established a temporary 7-member City Council resulting in the City Council remaining a 5-member body.
Item No. 4, 18 and Special item No.1 were discussed at this time.
Mayor Torres introduced this item and stated that the decision to move to a 7-body Council was an erroneous decision that he and Mayor Pro Tem Peralta lobbied heavily against.
Councilmember Tamayo expressed her support of moving forward with a 5-member council, based on the pending litigation and financial prudency and the fact that all districts are represented. Mayor Pro Tem Peralta expressed her concerns about this process, including the districting process from the beginning. Mayor Torres stated that retaining a 5- member body would be of the best interest to the residents and the community as Montebello has historically had a 5- member body over the last 102 years.
Mayor Pro Tem Peralta motioned to approve the item, seconded by Councilmember Tamayo; the motion was approved unanimously by the Councilmembers present.
Note: the Ordinance assigned was updated to reflect the number that was actually assigned, Ordinance No. 2458 (not 2451 as posted on the agenda).
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).
Mayor Torres and Councilmember Tamayo attended the League of California Cities New Mayors and Councilmembers conference. They provided a brief report on their experience at the conference.
COUNCIL ORALS
Council member announcements; requests for future agenda items; conference/meetings reports.
• Georgina Tamayo, Councilmember
1. For District 1 residents - open seats for the Parks & Recreation Commission, Planning Commission, and Youth and Education Commission. Please download an application on the City of Montebello’s website at:
https://www.montebelloca.gov/departments/administration/city_clerks_office/commissions_and_com February 13, 2023: City Council and Public Financing Authority Meeting Minutes
mittees and submit completed applications to the City Clerk's office no later by Wednesday, February 8, 2023 by 5:30 p.m.
Councilmember Tamayo demonstrated how to access the commission applications for the open seats. • Angie M. Jimenez, Councilmember
• David N. Torres, Mayor
1. Request for Council consensus 1) directing staff to prepare a community survey exploring the effects of COVID in Montebello; and 2) allocating American Rescue Plan Act (ARPA) funds to address the most pressing needs as identified by survey respondents.
2. Request for Council consensus reaffirming our commitment to report, on a quarterly basis, the metrics of our Montebello Community Assistance Program (MCAP).
3. Request for Council consensus to explore conducting a study through local colleges on the mental and behavioral health issues within Montebello.
4. Community announcement on commission vacancies available to District 4 residents.
5. Community announcement for, and well-wishes to, the Montebello-Commerce Youth in Government delegation participating in the 75th Model Legislature and Court in Sacramento February 10-13.
6. Montebello-Commerce YMCA Youth in Government Delegation Bill Presentation.
Mayor Torres requested consensus for his Council Oral Item's No. 1-3; consensus was received unanimously. During Mayor Torres Council Oral No. 4, he announced vacancies on Planning, Parks & Recreation and Planning Commissions.
He noted he is looking for highly qualified candidates and encouraged the community to apply. Mayor Torres made an announcement for his last two items congratulating the students at the YMCA Youth in Government for presenting their Bill at the 75th Model Legislature and Court in Sacramento.
• Scarlet Peralta, Mayor Pro Tem
• Salvador Melendez, Councilmember
ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on February 22, 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 Thursday, February 9, 2023 no later than 6:00 p.m.
Alicia Fernandez, Senior Deputy City Clerk
Mayor Pro Tem motioned, seconded by Councilmember Councilmember Tamyo to adjourn the meeting at 8:14 p.m.
THE MINUTES OF FEBRUARY 13, 2023, ADJOURNED CITY COUNCIL AND PUBLIC FINANCING AUTHORITY JOINT MEETTING, ARE HEREBY APPROVED AND ADOPTED ON THIS 26TH DAY OF APRIL 2023.