AMENDED AGENDA - UPDATED STAFF REPORT FOR ITEM NO. 4
CITY OF MONTEBELLO
CITY COUNCIL AND SUCCESSOR AGENCY JOINT REGULAR MEETING
MINUTES
WEDNESDAY, FEBRUARY 22, 2023 AT 5:00 PM
CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD
MONTEBELLO, CALIFORNIA
OPENING CEREMONIES
CALL TO ORDER
Mayor Pro Tem Peralta called the meeting to order at 5:30 p.m.
ROLL CALL
Members present were Mayor Pro Tem Peralta, Councilmember Jimenez, Councilmember Melendez, and Councilmember Tamayo. City Clerk Jimenez was also present. Mayor Torres arrived at 5:33 p.m. and City Treasurer Matanga arrived at 6:00 p.m..
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.
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.
None.
CLOSED SESSION 5:00 P.M.
The City Attorney shall provide a briefing on the item listed for Closed Session as follows:
Mayor Pro Tem Peralta recessed the meeting into Closed Session at 5:31 p.m. to consider the following Closed Session item:
February 22, 2023: City Council and Successor Agency Meeting Minutes
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
Mayor Torres reconvened the meeting at 6:02 p.m.
All five members were present to discuss all Closed Session items. The City Attorney stated that no action was taken on Item No. 1 and there was nothing to report.
INVOCATION
City Clerk Jimenez led the City Council in the Invocation.
PLEDGE OF ALLEGIANCE
City Treasurer Matanga led the City Council in the Pledge of Allegiance.
CORRECTIONS TO THE AGENDA CITY MANAGER
None.
CEREMONIAL/PRESENTATIONS
None.
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.
The Public Comment Period started at 6:06 p.m.
The City Clerk’s Office acknowledged nine (9) 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.
Mayor Torres asked Assistant City Manager Arlene Salazar to follow up with Gary Thorton's comment regarding the City's plan for earthquakes.
Mayor Torres asked Assistant City Manager Salazar to have Code Enforcement look into Roger Jimenez's concern.
The Mayor asked for a motion to extend the Public Comment Period. Councilmember Melendez motioned but did not receive a second; the motion failed.
STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST
Assistant City Manager Salazar invited the public to attend the upcoming City Council Special Meetings.
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 February 22, 2023: City Council and Successor Agency Meeting Minutes
PARTNERSHIP AMERICAN RESCUE ALLOCATION PLAN AND TO INCLUDE THE HOME-ARP FUNDS AND
ACTIVITIES
RECOMMENDATION: It is recommended that the City Council:
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.
Housing Manager, Rosemary Perich, provided a presentation to the City Council which included: an executive summary; background on the HOME-ARP allocation plan, public hearing guidelines maintained by HUD, an explanation of HOME- AARP; qualifying populations, and eligible uses of the funds.
Mayor Pro Tem Peralta asked clarifying questions regarding the administrative costs. Councilmembers Jimenez, Melendez, Tamayo, and Mayor Torres commended the staff.
Mayor Torres opened the Public Hearing at 6:45 p.m. Four (4) speakers spoke in favor of the item. Said speaker cards are on file at the City Clerk’s office. Mayor Torres closed the Public Hearing at 6:53 p.m.
Councilmember Jimenez motioned to approve the item; seconded by Mayor Pro Tem Peralta; the motion was approved unanimously.
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.
A consultant from Gateway Cities Council of Governments, Grant Henninger, provided a presentation to the City Council on the affordable housing trust, which included the housing crisis in the past 8 years; pipeline projects; what a housing trust is; what the benefits are; trust study process; trust capital funding sources; committee review; and collaboration.
The Council expressed their excitement about the membership with Gateway Cities Council of Governments. Mayor Torres asked if the admin fee would be reduced as more cities joined. Mr. Henninger explained that it possibly could, but not at the moment.
Mayor Pro Tem Peralta motioned to approve the item, seconded by Councilmember Jimenez; the motion was approved unanimously.
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”)
February 22, 2023: City Council and Successor Agency Meeting Minutes
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.
Councilmember Jimenez motioned to approve the item, seconded by Mayor Pro Tem Peralta; the motion was approved unanimously.
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.
City Attorney Alvarez-Glasman stated that his office created this item and addressed some of the comments heard during the Public Comments section of the meeting in reference to staff not being allowed to speak to members of the public. Mr.
Alvarez Glasman stated that the language was meant to protect staff, not hinder them.
Mayor Pro Tem Peralta and Tammayo expressed that they are looking forward to the Study Session.
Councilmember Jimenez stated that she found the language troubling and expressed her concerns; meanwhile, she is looking forward to a Study Session.
Councilmember Melendez stated that he does not find the language necessary and finds it unwarranted. Further, he expressed concern with regards to using the word "controversial". He questioned who would be the deciding factor about what controversial means.
Mayor Torres expressed his support for this item and supported City Attorney Alvarez-Glasman's point in that the language would protect staff as they can politely decline to engage with the members of the community and it would foster orderly conduct of Council meetings.
Mayor Pro Tem Peralta motioned to approve the item, seconded by Councilmember Tamayo; the motion was approved by the following vote:
MOVED: Peralta SECONDED: Tamayo APPROVED: 3-1-1-0
AYES: Tamayo, Peralta, Torres
NOES: Melendez
ABSTAIN: Jimenez
ABSENT: None
February 22, 2023: City Council and Successor Agency Meeting Minutes
6. REVIEW OF COUNCIL ASSIGNMENT TO THE CAPITAL PROJECTS COMMITTEE - ALAMEDA CORRIDOR
EAST AUTHORITY AND STREETS AD HOC
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.
Mayor Torres stated there was confusion about who was appointed to the Capital Projects Committee, as he previously expressed interest. Torres asked his colleagues, Councilmembers Jimenez and Melendez, if they would give him the opportunity to sit on the Capital Projects Committee. Councilmember Melendez gave up his seat so that Mayor Torres could be on the committee.
Mayor Torres motioned to appoint himself as an alternate to the Capital Projects Committee; Councilmember Jimenez would remain as the delegate. The motion did not receive a second, but Mayor Torres asked for a roll call vote. Due to a lack of a second, the motion failed but was approved via the roll call vote.
Furthermore, Mayor Torres stated that the Streets Ad Hoc is inappropriate as streets are an ongoing issue and proposed that the current Streets Ad Hoc be disbanded but that two members be assigned to determine a way to equitably pave the streets in the City.
Mayor Torres motioned to (1) create the Streets Ad Hoc for the purpose of coming up with an equitable plan to pave the streets of Montebello and (2) to appoint himself and Mayor Pro Tem Peralta assigned to this Ad Hoc and come back to Council with a report that was developed with staff. Torres and Peralta reiterated their interest in being appointed.
Councilmember Jimenez asked if there could be a rotation on the committee. Mayor Torres noted there will be a chance to serve on this committee during the next rotation in January 2024. Mayor Torres entertained a motion that his two recommendations be approved, but there was no official motion and no second; Mayor Torres asked the City Clerk to take a roll call vote. Councilmembers Melendez and Jimenez voted in opposition. Mayor Torres, Mayor Pro Tem Perallta, and Councilmember Tamayo voted to approve the recommendations, but considering no official motion or second was given, the recommendations did not pass.
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 Council. Mayor Pro Tem Peralta motioned to approve Consent Items 7-11, Councilmember Jimenez seconded; motion was approved unanimously.
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.
Approved unanimously.
February 22, 2023: City Council and Successor Agency Meeting Minutes
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.
Approved unanimously.
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.
Approved unanimously.
10. PAYMENT OF BILLS: ADOPT RESOLUTION NO. 23-15 APPROVING THE CITY WARRANT REGISTER OF DEMANDS DATED FEBRUARY 22, 2023
RECOMMENDATION: It is recommended that the City Council:
1. Adopt Resolution No. 23-15 approving the Warrant Register dated February 22, 2023.
Approved unanimously.
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.
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 Melendez provided a brief report on his attendance to the ICA Conference.
COUNCIL ORALS
Council member announcements; requests for future agenda items; conference/meetings reports.
• Georgina Tamayo, Councilmember
• Angie M. Jimenez, Councilmember
February 22, 2023: City Council and Successor Agency Meeting Minutes
• 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.
1. Mayor Torres gave an update on Council Oral Item No. 1.
2. Mayor Torres requested consensus on Council Oral Item No. 2; received consensus 4-0, Councilmember Jimenez was absent during that time.
3. For Council Oral No. 3, he asked for consensus to direct staff to report on what staffing it would take to respond to questions on social media posts during business hours. He also added to direct staff to create a policy on how to respond to social media comments and questions. Assistant City Manager Salazar asked for an Ad Hoc to see what the expectation is and to be cognizant of the challenges that may arise. Mayor Torres amended his motion to add to investigate the issues and that he and Mayor Pro Tem Peratla would work with staff to establish that policy and to bring it back; received consensus 4-0, Councilmember Jimenez was absent during that time.
4. Mayor Torres asked for consensus for his Council Oral Item No. 4; received consensus 4-0, Councilmember Jimenez was absent during that time.
5. Mayor Torres asked for consensus for his Council Oral Item No. 5. Assistant City Manager Salazar asked for consideration of traffic plan funding, state of the streets, and to assist staff in developing a budget that would be appropriate.
Mayor Torres noted that he is very open to budget consideration and the expertise of staff to suggest what would be the most appropriate. Consensus was received unanimously.
• 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
Mayor Pro Tem Peralta motioned, seconded by Councilmember Tamayo to adjourn the meeting at 7:56 p.m.
THE MINUTES OF FEBRUARY 22, 2022 ARE HEREBY APPROVED AND ADOPTED ON THIS 26TH DAY OF APRIL 2023.