AMENDED AGENDA
CITY OF MONTEBELLO
SPECIAL CITY COUNCIL MEETING AGENDA
MINUTES
MONDAY, MARCH 13, 2023 AT 6:00 PM
CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD
MONTEBELLO, CALIFORNIA
TELECONFERENCE LOCATION FOR MAYOR PRO TEM PERALTA:
1027 SHIELA CT.
MONTEBELLO, CA 90640
OPENING CEREMONIES
CALL TO ORDER - 6:00 P.M.
Mayor Torres called the meeting to order at 6:09 p.m.
ROLL CALL
Members
present were Mayor Torres, Councilmember Melendez, Councilmember Tamayo, and Mayor Pro Tem Peralta joined via teleconference. Councilmember Jimenez arrived at 6:14 p.m. City Clerk Jimenez and Treasurer Matanga were also present.
City Attorney Arnold Alvarez-Glasman, Assistant City Manager Arlene Salazar, and Deputy City Clerk Kimberly Guillen.
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.
The City Clerk’s Office acknowledged one (1) member(s) of the public wishing to address the City Council. Speaker(s) were provided three minutes to address the City Council and said speaker card(s) are on file at the City Clerk’s office.
March 13, 2023: City Council Meeting Minutes Page 2 of 5
REGULAR SESSION
CORRECTIONS TO THE AGENDA - CITY MANAGER
None
REGULAR BUSINESS
1. STUDY SESSION TO ESTABLISH RULES OF ORDER OF THE CITY COUNCIL/AGENCY MEETINGS
RECOMMENDATION: It is recommended that the City Council:
1. Review the attached draft City Council/Agency Meeting Rules of Order Handbook; and
2. Discuss and establish new rules of order of the City Council/Agency meetings and incorporate the same into a Rules of Order Handbook or by modifying Resolution No. 23-17, or both; and
3. Take such additional, related action that may be desirable.
Mayor Torres spoke about the procedures for Council Meetings that are being proposed. He provided a background on how the item came about and informed the Council that they would review each section.
Under Section II. City Council/ Agency Meetings and Agenda Materials - A. Regular Meetings, Mayor Torres stated that Council suggests that Regular Business start at 7 p.m. Additionally, Mayor Torres asked if the Agenda could be posted five business days before the meeting.
Assistant City Manager Salazar stated that it would not be feasible. City Attorney Alvarez-Glasman agreed and further stated that it takes time to review the reports.
Mayor Pro Tem Peralta stated that if staff cannot post five business days prior, then perhaps the Council should receive a copy of the draft agenda. Mayor Pro Tem Peralta suggested receiving copies of draft staff reports for voluminous items.
Assistant City Manager Salazar stated she felt uncomfortable providing draft documents. She suggested providing attachments in advance.
Under Section II. Time and Place of Council/Agency Meetings - C. Broadcasting of Meetings, Mayor Torres suggested adding YouTube Channel.
Under Section II. Time and Place of Council/Agency Meetings - D. Canceled Meetings, Assistant City Manager Salazar suggested considering going dark for the first meeting in July due to the Independence Day Holiday. The Council agreed with the consideration.
Under Section II. Time and Place of Council/Agency Meetings - E. Agenda Materials, Mayor Torres suggested adding presentations to be available on the City website and during the meeting for the public to follow along. He suggested a QR Code for the public to scan and view the presentations on their phone.
Assistant City Manager Salazar informed the Council that the Staff is looking into digital readers to install around City Hall to post all the materials. She further stated that Staff would look into different options.
Under Section II. Time and Place of Council/Agency Meetings - E. Agenda Materials - 1. Emergency Situation, Mayor Torres asked the City Attorney Alvarez for clarification on the Government Code § 54956.5 for taking action on items not listed on the agenda.
Under Section II. Time and Place of Council/Agency Meetings - E. Agenda Materials - 3. Held Over Items, Assistant City Manager Salazar requested Council clarification. She asked if this section was for particular items that meet all the criteria listed in the Resolution or for Walk-On Items.
Mayor Torres provided clarification, and City Attorney Alvarez-Glasman confirmed.
Assistant City Manager Salazar recommended a time limit for the Closed Session Public Comment Period.
March 13, 2023: City Council Meeting Minutes Page 3 of 5
Mayor Torres confirmed with City Attorney Alvarez that the Council could increase the comment period if needed.
Under Section 6. Order of Business; Mayor Torres stated that the order would now allow the public to pull items on the agenda to provide comments.
Under Section IV. Placement of Items on the City Council Meeting Agenda - C. Tentative Council Calendar, Mayor Torres asked Assistant City Manager Salazar to identify a reasonable time for forecasting and requested that the calendar shall be included in the agenda packet.
Assistant City Manager Salazar informed the Council that perhaps three upcoming Council Meeting Agendas stated that they would be added once adopted.
Mayor Torres asked that the Resolution be updated to reflect that.
Under Section IV. Placement of Items on the City Council Meeting Agenda - D. Consent Calendar Categories, Assistant City Manager Salazar asked Mayor Torres to clarify what is considered a high dollar value.
Mayor Torres stated that they would add that clarification and would also define a controversial item.
Under Section IV. Placement of Items on the City Council Meeting Agenda - D. Consent Calendar Categories - 1.
Ordinances, Resolutions, and Contracts, Assistant City Manager Salazar informed the Council that not all resolutions could be prepared by the City Attorney's Office. Some are prepared by the state to apply for grants and to meet their criteria.
Mayor Torres suggested updating the Resolution to reflect current practice, reviewed by the City Attorney's office.
Under Section V. General Requirements - A. Attendance; Assistant City Manager Salazar stated that there had been several occasions when Department Heads have been asked not to attend because they did not have an item for consideration.
Mayor Torres stated that it would be accepted as an approved absence for Department Heads in those cases.
Under Section V. General Requirements - C. Teleconference Attendance of Council/ Agency Members at Meetings, Mayor Torres suggested adding the new legislative provisions stating that the Council can miss up to two meetings due to an emergency. He further suggested adding language that explains bullet point 1 for posting the regular and special agendas at teleconferencing locations.
Assistant City Manager Salazar suggested that in lieu of faxing, staff could use a digital platform to send the agenda.
Under Section V. General Requirements - E. Closed Session, Mayor Torres stated that the references are very vague and suggested adding case numbers, names, and agreements.
Section V. General Requirements - F. Ceremonial Items and Presentations, Mayor Torres suggested reintroducing the Nationally Recognized Health and Heritage Months. He asked staff to begin including the ceremonial items in April.
Assistant City Manager Salazar confirmed.
Section V. General Requirements - G. Preparation of Minutes, Mayor Torres referenced the Minutes from September 14, 2022, Council Meeting and asked staff if it was possible to include light summaries of what occurred during the meeting.
Assistant City Manager Salazar informed Mayor Torres that staff would have to take a look at the minutes he referenced.
She further stated that the City Clerk's office would require more assistance to include light summaries.
Section V. General Requirements - H. Voting Procedures, Mayor Torres stated that Council should not abstain from a vote to avoid voting on an item.
Section V. General Requirements - H. Voting Procedures - 6. Disqualification for Conflict of Interest, City Attorney Alvarez- Glasman stated that they would draft a map indicating where there is any potential for conflict of interest to provide clarity for the City Clerk's Office. Additionally, indicate when Council should recuse themselves from voting.
March 13, 2023: City Council Meeting Minutes Page 4 of 5
Section V. General Requirements - J. Channel Communications through the Appropriate Senior City Staff, Assistant City Manager Salazar suggested changing the point of contact to the City Manager, Assistant City Manager and copied to Department Director. She further stated that the Deputy City Clerk has no role in that, and they respond to the City Manager, not the City Clerk.
Section VI. Public Comments - A. Public Comment/ Non-Agenda Matters, Mayor Torres stated that there was a request from staff to suggest a cut-off time to create order. City Clerk Jimenez suggested setting the deadline after reading the Statement of Oral Communications. Mayor Torres agreed to make that change.
Section VI. Public Comments - E. Written Comments, City Attorney Alvarez stated that regarding land use matters, the Council should consider accepting written comments. However, they do not have to be read aloud, only accepted into the record. Mayor Torres agreed.
Section VII. Procedure for the Conduct of City Council/ Agency Meetings - D. Rules of Procedure, Mayor Torres suggested adding that when Rosenberg's Rules of Order are silent, Robert's Rules would apply.
Regarding Translation for Public Comment, Assistant City Manager Salazar stated that they should extend the speaker's allotted time to six minutes to allow for translation.
Under Section X. Standards of Decorum - C. City Staff. Mayor Torres suggested changing the language restricting City Staff from engaging with the public. Assistant City Manager Salazar stated that there needed to be clarification and added language that allowed staff to step outside of the Council Chambers to speak with members of the public when needed.
City Attorney Alvarez-Glasman stated that there is new legislation that should be incorporated into the Resolution regarding enforcing decorum.
Mayor Torres asked the City Attorney's Office to bring back the Resolution to a future Council Meeting with the updated information.
Assistant City Manager Salazar stated that the Council should consider some rules for City Commissions.
Mayor Torres agreed with the consideration and further stated that they should clearly understand the Commission's purpose.
Assistant City Manager Salazar stated that Council had directed staff to implement new policies and needed further understanding of where the policies should live. An option would be to attach them to the handbook that is suggested in the Resolution or perhaps establish a tracking system.
Councilmember Jimenez stated that she was informed that there was no access to Mayor Pro Tem Peralta's teleconference location. She further stated that members of the public were informed that Mayor Pro Tem Peralta was diagnosed with covid, and members of the public were unable to participate.
ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on Wednesday, March 22, 2023 at 6:00 p.m. which can be live streamed at https://www.montebelloca.gov (Click on Live Stream).
Date and Posted: March 9, 2023 at 2:00 p.m.
I, Alicia Fernandez, Sr. Deputy City Clerk for the City of Montebello hereby certify that the foregoing Notice of the Special Meeting was posted at City Hall and the City’s website and delivered to each member of the City of Montebello City Council no less than 24-hours before the start of the Special Meeting.
Alicia Fernandez, Sr. Deputy City Clerk
March 13, 2023: City Council Meeting Minutes Page 5 of 5
Councilmember Tamayo motioned, seconded by Mayor Pro Tem Peralta, to adjourn the meeting at 7:39 p.m.
THE MINUTES OF MARCH 13, 2023, CITY COUNCIL SPECIAL MEETING ARE HEREBY APPROVED AND ADOPTED ON THIS 10TH DAY OF MAY 2023.