CITY OF MONTEBELLO
CITY COUNCIL AND SUCCESSOR AGENCY JOINT REGULAR MEETING
WEDNESDAY, FEBRUARY 22, 2023 AT 5:00 PM
CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD
MONTEBELLO, CALIFORNIA
CITY COUNCIL/SUCCESSOR AGENCY
David N. Torres, Mayor/Chairperson
Scarlet Peralta, Mayor Pro Tem/Vice Chairperson
Angie M. Jimenez, Councilmember/Member
Salvador Melendez, Councilmember/Member
Georgina Tamayo, Councilmember/Member
CITY MANAGER/EXECUTIVE DIRECTOR
René Bobadilla
CITY TREASURER
David Matanga
COUNCIL/SUCCESSOR AGENCY
ATTORNEY
Arnold M. Alvarez-Glasman
CITY CLERK/BOARD SECRETARY
Christopher Jimenez
DEPARTMENT HEADS
Assistant City Manager
Fire Chief
Police Chief
Director of Finance
Director of Human Resources
Director of Planning/Community Development
Director of Public Works
Director of Recreation and Community Services
Director of Transportation
Director of Public Affairs and Technology
Arlene Salazar
Fernando Pelaez
Paul Espinosa
Michael Solorza
Nicholas Razo
Joseph Palombi
James Enriquez
David Sosnowski
Adrianna Kendricks
Michael Chee
February 22, 2023: City Council and Successor Agency Meeting
NOTICES
COVID-19 NOTICE: The City Council rescinded the Declaration of the Local Emergency and the continuation of teleconferencing open meetings pursuant to AB 361 by adopting Resolution No. 22-21 on Wednesday, April 13, 2022. This City Council/Successor Agency Joint Regular Meeting ("Council"/"SA") will be held in person and will meet at City Hall – City Council Chambers, 1600 West Beverly Boulevard, Montebello, California. The meeting will be live streamed and can be watched on the City’s website and YouTube Channel via the following link:
https://www.montebelloca.gov, and may also be viewed on Spectrum Public Access Channel 3 for all Spectrum cable subscribers.
AMERICANS WITH DISABILITIES ACT: In compliance with the Americans with Disabilities Act (ADA) any person with a disability who requires special accommodations in order to participate in a meeting should contact the Administration Office at (323) 887-1437 Monday-Thursday from 7:30 a.m.-5:30 p.m. Please call 48 hours prior to the meeting to ensure that reasonable arrangements can be made to provide accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II 1203). If you require translation services, please contact the City Clerk’s office 72 hours before this meeting. Si necesita servicios de traducción, comuníquese con la Oficina del Secretario Municipal 72 horas antes de esta reunión. 如果您需要翻译服务，请在会议前 72 小时联系市书记员办公室
RULES OF DECORUM:
As Established by Ordinance 2443, adopted on October 27, 2021: Signs, placards, banners, horns, noise-making devices, or other similar items shall not be permitted in the audience during a Public Meeting if the presence of such item disturbs, disrupts or otherwise impedes the orderly conduct of the meeting. All persons attending a public meeting shall remain seated in the seats provided, unless addressing the body at the podium or entering or leaving the meeting.
No member of the audience shall willfully interrupt the orderly conduct at the meeting, this includes clapping or otherwise speaking from their seats. The presiding officer shall direct the removal of any individual whose willful interruption renders infeasible the orderly conduct of the meeting. In the event the removal of the individual or individuals willfully interrupting the meeting does not restore order, the presiding officer may order the meeting room cleared and continue in session. Speakers shall not engage in willful conduct which interrupts the meeting or interferes with the orderly conduct of the meeting. Any person who becomes boisterous while addressing the Council/SA or who otherwise disrupts the orderly conduct of the Council/SA’s business shall be subject to removal from the Chambers after being admonished by the presiding officer.
PUBLIC COMMENTS:
In-Person: For those interested in participating during the Public Comment period(s) or public testimony period for Public Hearings of the City Council/SA meetings, you may address the City Council/SA in person the day of the meeting.
Speakers will be required to fill out a speaker card provided at the door and turn it into the Sr. Deputy City Clerk prior to each Public Comment announcement period. Staff will number and call each speaker card in the order received. Closed Session begins at 5:00 p.m. and Regular Session begins no later than 6:00 p.m.
Via Email: The public may also submit emailed comments via the City’s email address:
[email protected], up until the day of the meeting, Wednesday, February 22, 2023 by 3:00 p.m.
These comments will be submitted to all members of the City Council/SA and may not be read aloud but will be entered into the record of the proceedings to the extent they relate to matters listed on the posted agenda or otherwise address matters/issues within the subject matter jurisdiction of the City Council/SA. Any requests to provide public comment which is submitted after the deadlines indicated above will not be submitted to the City Council/SA, with the exception of non-agenda written item comments which will be held over for the next regularly scheduled meeting.
AGENDA MATERIALS: The agenda and/or agenda packet are available for public inspection at City’s website at: Agendas, Minutes, and Videos.
February 22, 2023: City Council and Successor Agency Meeting
IN CONSIDERATION OF OTHERS, PLEASE TURN OFF, OR MUTE, ALL CELL PHONES AND PAGERS
THANK YOU FOR YOUR COOPERATION
OPENING CEREMONIES
CALL TO ORDER
ROLL CALL
PUBLIC COMMENTS FOR CLOSED SESSION
At this time, the general public may address the City Council/SA 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/SA from taking action or entertaining extended discussion on a topic not listed on the agenda. Please show courtesy to others and direct all of your comments to the Mayor.
CLOSED SESSION 5:00 P.M.
The City Attorney shall provide a briefing on the item listed for Closed Session as follows:
1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Neighborhood Elections Now, et al. v. City of Montebello LASC Case No. 23STCV01567
REGULAR SESSION NO LATER THAN 6:00 P.M.
CLOSED SESSION REPORT
INVOCATION
PLEDGE OF ALLEGIANCE
CORRECTIONS TO THE AGENDA CITY MANAGER
CEREMONIAL/PRESENTATIONS
PUBLIC COMMENTS ON NON-AGENDA AND AGENDA ITEMS (30 MINUTES) At this time, the general public may address the City Council/SA 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/SA from taking action or entertaining extended discussion on a topic not listed on the agenda. Please show courtesy to others and direct all of your comments to the Mayor.
STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST
PUBLIC HEARING
2. ADOPT RESOLUTION NO. 23-19 APPROVING A PROPOSED SUBSTANTIAL AMENDMENT NUMBER 1 TO THE FY 2021-22 CDBG/HOME ANNUAL ACTION PLAN TO APPROVE THE HOME INVESTMENT
PARTNERSHIP AMERICAN RESCUE ALLOCATION PLAN AND TO INCLUDE THE HOME-ARP FUNDS AND
ACTIVITIES
RECOMMENDATION: It is recommended that the City Council:
February 22, 2023: City Council and Successor Agency Meeting
1. Conduct a Public Hearing on the HOME- American Rescue Plan (ARP) Allocation Plan and consider any testimony received during the hearing; and
2. Adopt Resolution No. 23-19 approving Substantial Amendment Number 1 to the Fiscal Year 2021-22 Annual Action Plan to include the Home Investment Partnership (HOME) - American Rescue (ARP) Allocation Plan, certifying that the City of Montebello has followed its adopted Community Participation Plan, allocating $1,088,770 in HOME-ARP funds to eligible HOME-ARP Activities such as Development of Affordable Rental Housing and Administration and Planning of the HOME-ARP Program; and
3. Take such additional, related action that may be desirable.
REGULAR BUSINESS
3. ADOPT RESOLUTION NO. 23-16, CITY OF MONTEBELLO MEMBERSHIP IN THE GATEWAY CITIES
AFFORDABLE HOUSING TRUST, A JOINT POWERS AUTHORITY
RECOMMENDATION: It is recommended that the City Council:
1. Adopt Resolution No. 23-16 approving execution of the Joint Exercise of Powers Agreement relating to the City's membership in the Gateway Cities Affordable Housing Trust; and
2. Authorize the Mayor to execute the Gateway Cities Affordable Housing Trust Joint Powers Authority (JPA) Agreement.
4. ADOPT CITY COUNCIL RESOLUTION NO. 23-18 / SUCCESSOR AGENCY RESOLUTION NO. 23-04, APPROVING THE PURCHASE, SALE, AND AFFORDABLE HOUSING DEVELOPMENT AGREEMENT NO. 4075, RELOCATION PLAN AND APPRAISAL FOR PHASE 1 PROJECT SITE AMONG THE CITY OF MONTEBELLO AND THE MONTEBELLO SUCCESSOR AGENCY (“SELLERS”) AND THE MONTEBELLO AFFORDABLE HOUSING, LP 112, 114, 121, 124, 128 AND 132 SOUTH 6TH STREET GRAND, CITY OF MONTEBELLO (“DEVELOPER”)
RECOMMENDATION: It is recommended that the City Council / Successor Agency:
1. Adopt City Council Resolution No. 23-18/ Successor Agency Resolution No. 23-04, approving a Purchase, Sale, and Affordable Housing Agreement No. 4075 (Attachment A) among the City of Montebello (“City”), Montebello Affordable Housing and Cesar Chavez Foundation (“CCF”), Relocation Plan (Attachment C) and Appraisal (Attachments D-E) for Phase 1 project site – a proposed three (3) and four (4) story residential building with approximately sixty-three (63) affordable housing units with 1 to 3 bedrooms, with parking and related amenities located at four (4) vacant City owned (and one Successor Agency-owned) parcels at 112, 114, 121, 124, and 132 South 6th Street (APN No.: 6349-005-900, 901, 902, and 903), and 128 and 128 ½ South 6th Street (APN No.: 6349-005-006), owned by CCF, to allow the construction, use, and maintenance of an affordable housing development; and
2. Take such additional, related, action that may be desirable.
5. CONSIDERATION AND ADOPTION OF RESOLUTION NO. 23-17 ESTABLISHING RULES OF ORDER FOR
THE CONDUCT OF ALL CITY COUNCIL AND SUCCESSOR AGENCY MEETINGS, PROCEEDINGS AND
BUSINESS
RECOMMENDATION: It is recommended that the City Council:
1. Consider and adopt Resolution No. 23-17 establishing rules of order for the conduct of all City Council and Successor Agency meetings, proceedings, and business; and
2. Provide further direction for a date to conduct a Study Session to review the rules of procedure; and
3. Take other action as directed by the City Council.
6. REVIEW OF COUNCIL ASSIGNMENT TO THE CAPITAL PROJECTS COMMITTEE - ALAMEDA CORRIDOR
EAST AUTHORITY AND STREETS AD HOC
February 22, 2023: City Council and Successor Agency Meeting
RECOMMENDATION: It is recommended that the City Council:
1. Review and take action to fill assignments to the Capital Projects Committee - Alameda Corridor East Authority and Streets Ad Hoc.
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.
7. NORTH CONCOURSE AVENUE STREET IMPROVEMENT PROJECT (CP NO. 880) – NOTICE OF
COMPLETION
RECOMMENDATION: It is recommended that the City Council:
1. Accept the North Concourse Avenue Street Improvement Project (CP No. 880), as completed by All American Asphalt; and
2. Find that the requested “Changes in Work” for the project (Attachment A) have no significant effect on the environment and approve the changes in the aggregate amount of $214,621; the final contract amount with All American Asphalt is $435,854; and
3. Approve the Final Total Project Budget (Attachment B); and
4. Authorize the City Clerk to execute, verify and file the Notice of Completion (Attachment C) with the Los Angeles County Registrar-Recorder; and
5. Authorize the City Manager to release the retention payment due to All American Asphalt following the mandatory waiting period from the date the Notice of Completion is recorded; and
6. Take such additional, related, action that may be desirable.
8. ADOPT RESOLUTION NO. 23-14 APPROVING PURCHASE AND SALE AGREEMENT NO. 4077 FOR THE PROPOSED DISPOSITION OF REAL PROPERTY LOCATED AT 5055 PASSONS BOULEVARD, PICO RIVERA, CA 90660 (LOS ANGELES COUNTY ASSESSOR’S PARCEL NO. 6377-007-270) AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE PURCHASE AND SALE AGREEMENT ON BEHALF
OF THE CITY OF MONTEBELLO
RECOMMENDATION: It is recommended that the City Council:
1. Adopt Resolution No. 23-14 approving the disposition of real property, approving the material terms of Purchase and Sale Agreement No. 4077 (attached here in substantial form) authorizing the sale of the Property to the City of Pico Rivera, and authorizing the City Attorney and the City Manager (and/or designee), to finalize negotiations and the agreement (with the exception of any material changes), leading up to the execution of all documents related to said agreement.
9. AUTHORIZATION TO ISSUE A REQUEST FOR PROPOSALS (RFP NO. 23-8) FOR A COMPUTER-AIDED
DISPATCH/AUTOMATIC VEHICLE LOCATION SYSTEM
RECOMMENDATION: It is recommended that the City Council:
1. Approve issuing a Computer-Aided Dispatch/Automatic Vehicle Location System Request for Proposal, No. 23-8 (RFP No. 23-8); and
2. Take such additional, related action that may be desirable.
10. PAYMENT OF BILLS: ADOPT RESOLUTION NO. 23-15 APPROVING THE CITY WARRANT REGISTER OF DEMANDS DATED FEBRUARY 22, 2023
February 22, 2023: City Council and Successor Agency Meeting
RECOMMENDATION: It is recommended that the City Council:
1. Adopt Resolution No. 23-15 approving the Warrant Register dated February 22, 2023.
11. APPROVAL OF MINUTES: NOVEMBER 10, 2022 SPECIAL CITY COUNCIL AND PUBLIC FINANCING AUTHORITY MEETING; DECEMBER 14, 2022 CITY COUNCIL AND PUBLIC FINANCING AUTHORITY MEETING; DECEMBER 21, 2022 CITY COUNCIL AND PUBLIC FINANCING AUTHORITY ADJOURNED MEETING; AND DECEMBER 21, 2022 SPECIAL CITY COUNCIL MEETING.
RECOMMENDATION: It is recommended that the City Council:
1. Approve minutes as is.
AB 1234 TRAVEL REPORTS
Members of the City Council will provide a brief report on meetings attended at the expense of the local agency as required by Government Code Section 53232.3(d).
COUNCIL ORALS
Council member announcements; requests for future agenda items; conference/meetings reports. • Georgina Tamayo, Councilmember
• Angie M. Jimenez, Councilmember
• David N. Torres, Mayor
1. San Gabriel Valley COG Alameda Corridor East project update and town halls.
2. Request for council consensus to establish a policy for quarterly reports on contracts entered into using authority granted by the City Manager.
3. Request for council consensus to establish a policy for responding to resident questions on social media.
4. Request for council consensus to receive a memo on the status of fiber internet in Montebello.
5. Request for council consensus directing staff to research the feasibility and implementation of an equitable annual speed hump program.
• Scarlet Peralta, Mayor Pro Tem
• Salvador Melendez, Councilmember
ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on March 8, 2023 at 6:00 p.m. which can be live streamed at https://www.montebelloca.gov (Click on Live Stream).
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 Sunday, February 19, 2023 by 5:00 p.m.
Alicia Fernandez, Sr. Deputy City Clerk