CITY OF MONTEBELLO
REGULAR MEETING
MINUTES
WEDNESDAY, MARCH 22, 2023 AT 6:00 PM
CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD
MONTEBELLO, CALIFORNIA
OPENING CEREMONIES
CALL TO ORDER - 6:00 P.M.
Mayor Torres called the meeting to order at 6:01 p.m.
ROLL
CALL
Members present were Mayor Torres, Mayor Pro Tem Peralta, Councilmember Melendez, and Councilmember Tamayo.
City Clerk Jimenez and Treasurer Matanga were also present. Councilmember Jimenez arrived during Closed Session at 7:19 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.
ANNOUNCEMENT OF CLOSED SESSION ITEMS
City Attorney Alvarez-Glasman asked council to pull Closed Session Items No. 1 and 5 to be discussed at a later date.
Closed Session Items No. 2,3,4 will be addressed and only public comments on those items will be accepted.
PUBLIC COMMENTS ON CLOSED SESSION ITEMS
At this time, the public may submit a speaker card to the City Clerk staff for Closed Session items, prior to the beginning of this statement. Speakers will be called in the order received. 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 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 and City Council.
The City Clerk’s Office acknowledged five (5) speaker cards submitted to the City Clerk's office. Said speaker cards are on file at the City Clerk’s office.
March 22, 2023: City Council Meeting Minutes Page 2 of 8
CLOSED SESSION
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 6:15 p.m. to consider the following Closed Session items, with the exception of Item No. 1 and 5 which were pulled from the agenda:
1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(d)(2)
Significant exposure to litigation in one matter related to a claim presented by Infrastructure Engineering
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(d)(4)
Consideration of initiation of litigation in one case
3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
a. Concerned Residents v. City of Montebello – Los Angeles Superior Court Case No. 23STCP00290 b. Neighbors for Elections Now v. City of Montebello – Los Angeles Superior Court Case No. 23STCV01567
4. CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Negotiators: René Bobadilla, Nicholas Razo
Employee Groups: Various City employee groups, including but not limited to MPOA & MPMA
5. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section 54957(b)(1)
Title: City Manager
REGULAR SESSION - IMMEDIATELY FOLLOWING CLOSED SESSION
CLOSED SESSION REPORT
Mayor Torres reconvened the meeting at 7:20 p.m.
Item No. 1 and 5 were pulled.
All five members were present to discuss all Closed Session items (Councilmember Jimenez arrived at 6:19 p.m.) City Attorney Arnold Alvarez-Glasman provided the following report to City Council: A briefing was provided on Item No. 2 and the Council authorized filing litigation related to one matter; the action passed unanimously. A briefing was provided on Item No. 3, direction was provided but no action was taken and there was nothing to report. A briefing was provided on Item No. 4, direction was provided but no action was taken; however, this item will continue after the Consent Calendar.
INVOCATION
Senior Deputy City Clerk, Alicia Fernandez, led the City Council in the Invocation.
PLEDGE OF ALLEGIANCE
March 22, 2023: City Council Meeting Minutes Page 3 of 8 Staff Sergeant, Sharon Row, led the City Council in the Pledge of Allegiance.
CORRECTIONS TO THE AGENDA - CITY MANAGER
None.
CEREMONIAL ITEMS/PRESENTATIONS
6. RECOGNITION DANIEL CASTILLO-LALYRE FOR OUTSTANDING PERFORMANCE IN THE LOS ANGELES COUNTY OFFICE OF EDUCATION ACADEMIC DECATHLON 2023
Presented by Mayor Torres.
7. SGVCOG MONTEBELLO PROJECT UPDATE
Ricky Choi, Director of Government and Community Relations from SGVCOG, provided a PowerPoint presentation regarding the Montebello Corridor construction project update and was available to answer any questions.
Councilmember Jimenez suggested town hall meetings for the residents in the area and public outreach. Councilmember Melendez asked clarifying questions regarding the commencement of the project, and when outreach would begin.
Councilmember Tamayo expressed her excitement for this project and the collaboration with the SGVCOG. Mayor Pro Tem Peralta stated that this presentation was very helpful and covered a lot of the questions that residents may have and concurred with the Council's comments. Mayor Torres thanked the SGVCOG for their comprehensive presentation and stated that this answered a lot of the community's questions.
At this time, Mayor Torres asked to change the order of the agenda to discuss the Consent Calendar and receive the remaining presentations from MCAP and Police Services after the Consent Calendar.
8. MCAP QUARTERLY REPORT UPDATE
Chief Pelaez and Deputy Director Angelica Palmeros provided a PowerPoint to the City Council and were available to answer any questions.
The City Council commended the staff for the presentation and their on-going assistance with the program. Councilmember Melendez asked a clarifying question regarding the correlation with the increase in substance abuse; Mayor Pro Tem Peralta asked a clarifying question about whether a contact number is listed on the website; and the Mayor asked a clarifying question regarding what the transition looks like from Tiny Homes to stable housing. Director Palmeros addressed all the questions.
9. STATE OF POLICE SERVICES
Police Chief, Paul Espinosa, presented to Council a presentation on the state of Police services.
Councilmember Jimenez stated that she would like a satellite station on the south side and asked to meet with the Chief within the next couple weeks to discuss. Councilmember Melendez commended the Chief's efforts within his year of being Chief. Councilmember Tamayo thanked the Chief and stated that as Council she wants to work in partnership to grow the Police department. Mayor Pro Tem Peralta thanked the Chief for his presentation and expressed that it falls on the Council and the City as a whole that officers are paid appropriately and have the resources they need to do their job safely and as Council she would like to work on policies to ensure this.
10. WOMEN’S HISTORY MONTH
Presented by Mayor Torres.
11. COVID-19 MEMORIAL DAY, MARCH 6, 2023
Presented by Mayor Torres and proceeded with the General Public Comment section of the meeting.
March 22, 2023: City Council Meeting Minutes Page 4 of 8
PUBLIC COMMENTS ON NON-AGENDA ITEMS (30 MINUTES)
At this time, the public may submit speaker card(s) to the City Clerk staff, for both agenda and non-agenda items, prior to the beginning of this statement; Public Hearing items do not require a speaker card.
The City Council will address non-agenda items during this section and speakers will be called in the order received. Those persons not accommodated during this 30-minute period will have an opportunity to speak under “Public Comments – Continued”, after all scheduled matters have been considered. Public Hearing, Regular Business and/or Consent Calendar items will be addressed at the time that matter of business is heard, in the order received.
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 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 and City Council.
The City Clerk’s Office acknowledged fourteen (14) speaker cards submitted to the City Clerk's office. Said speaker cards are on file at the City Clerk’s office. Five (5) speakers were absent or did not appear when called.
STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST
None.
REGULAR BUSINESS
12. RECEIVE AND FILE THE FISCAL YEAR 2021-22 ANNUAL COMPREHENSIVE FINANCIAL REPORT (ACFR)
RECOMMENDATION: It is recommended that the City Council:
1. Receive and file the Fiscal Year 2021-22 Annual Comprehensive Financial Report (ACFR); and,
2. Take such additional, related action that may be desirable.
Mayor Pro Tem Peralta motioned to have this item be heard at the next meeting, seconded by Councilmember Jimenez; the motion was approved unanimously.
CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine. Any items a member wishes to discuss, including any items the public submitted speaker cards for, 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.
The Consent Calendar was addressed after Presentation Item No. 7.
City Attorney Alvarez-Glasman polled the Council. Mayor Pro Tem Peralta pulled Item No's. 13 and 18 and Mayor Torres pulled Item No's. 16, 18, and 21 for discussion.
It was motioned by Mayor Pro Tem Peralta to approve Item No's. 14, 15, 17, 19, 20, and 22, seconded by Councilmember Tamayo; the motion was approved unanimously. The speaker cards for Item No's. 13 and 18, including the pulled items, were addressed at this time. After all consent matters were addressed, Mayor Torres proceeded with Presentation Items No. 8-11.
13. SECOND READING AND ADOPTION OF ORDINANCE NO. 2463 AMENDING SECTIONS 2.30.010 AND
2.30.130 OF THE MONTEBELLO MUNICIPAL CODE TO REINSTATE THE CIVIL SERVICE COMMISSION AND CHAPTER 2.44 OF THE MONTEBELLO MUNICIPAL CODE TO REINSTATE THE TRAFFIC AND
SAFETY COMMISSION
RECOMMENDATION: It is recommended that the City Council:
1. Conduct a second reading and adopt Ordinance No. 2463, with waiver of a full reading, to amend Sections 2.30.010 and 2.30.130 of the Montebello Municipal Code to reinstate the Civil Service Commission and Chapter 2.44 of the Montebello Municipal Code to reinstate the Traffic and Safety Commission; and
March 22, 2023: City Council Meeting Minutes Page 5 of 8
2. Take such additional, related, action that may be desirable.
The City Clerk’s Office acknowledged five (5) speaker cards submitted to the City Clerk's office. Said speaker cards are on file at the City Clerk’s office.
Mayor Pro Tem Peralta pulled this item for discussion to express her support and encouraged her colleagues to stand in solidarity in support of this item. Councilmember Jimenez stated that she stands in solidarity with all of the City of Montebello employees and mentioned the current practices that the City has established to support staff and expressed her opposition to reinstating the Commission. Mayor Torres expressed his disagreement with Councilmember Jimenez' comments. No further comments were made.
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: Jimenez
ABSTAIN: Melendez
ABSENT: None
14. NOTICE OF COMPLETION – ANNUAL CONCRETE REPAIR PROGRAM CDBG PROJECT (FY 2020-21), CP NO. 885
RECOMMENDATION: It is recommended that the City Council:
1. Accept the Annual Concrete Repair Program, Community Development Bock Grant (CDBG) Project (CP No. 885), as completed by CT&T Concrete Paving Inc.; and
2. Approve recommended “Changes in Work” for the project (Attachment A) in the amount of $193,069; with the final contract amount with CT&T Concrete Paving, Inc. of $373,320; and
3. Approve the Final Total Project Budget and Expenditures including change orders (Attachment B); and
4. Authorize the City Clerk to execute, verify and file the Notice of Completion with Los Angeles County Registrar-Recorder (Attachment C); and
5. Authorize the City Manager to release the retention payment of $18,666 due to CT&T Concrete Paving Inc. 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.
The City Clerk’s Office acknowledged one (1) speaker card submitted to the City Clerk's office. Said speaker card is on file at the City Clerk’s office.
Mayor Pro Tem Peralta motioned to approve the item, seconded by Councilmember Tamayo; the motion was approved unanimously.
15. TOLA STREET PREFERENTIAL PARKING DISTRICT – SET PUBLIC HEARING DATE
RECOMMENDATION: It is recommended that the City Council:
1. Set the Public Hearing Date for the City Council meeting on April 10, 2023 to consider the designation of a Preferential Parking District; and
2. Take such additional, related action that may be desirable.
The City Clerk’s Office acknowledged one (1) speaker card submitted to the City Clerk's office. Said speaker card is on file at the City Clerk’s office.
Mayor Pro Tem Peralta motioned to approve the item, seconded by Councilmember Tamayo; the motion was approved unanimously.
16. AUTHORIZATION TO ISSUE A REQUEST FOR PROPOSALS (RFP NO. 23-9) FOR AN ENVIRONMENTAL
ENGINEER TO CONDUCT A COMPREHENSIVE REVIEW OF THE BROWNFIELD AREA/CHAPIN ROAD March 22, 2023: City Council Meeting Minutes Page 6 of 8
LANDFILL AND PERFORM ADDITIONAL ANALYSIS AS NEEDED
RECOMMENDATION: It is recommended that the City Council:
1. Approve Issuing a Request for Proposals ("RFP") and authorize solicitation of proposals for a qualified Environmental Engineer or firm to conduct a comprehensive review of the Brownfield Area/Chapin Road Landfill and perform additional analysis as needed; and
2. Take such additional, related action that may be desirable.
Mayor Torres pulled this item for discussion and suggested that the Request for Proposals (RFP) be amended to remove reference to any individuals and the RFP to go out to engage in firms.
Mayor Torres motioned to approve the item as recommended, including the suggested amendment, seconded by Councilmember Jimenez; the motion was approved unanimously.
17. AWARD PROFESSIONAL SERVICES AGREEMENT NO. 4079 FOR PARKS AND RECREATION GUIDE PRODUCTION (RFP NO. 23-5) TO MCGREGOR SHOTT, INC.
RECOMMENDATION: It is recommended that the City Council:
1. Award Professional Services Agreement No. 4079 to McGregor Shott, Inc. in an amount not-to-exceed Thirty Thousand Dollars ($30,000) annually for Parks and Recreation Guide production; and
2. Authorize the City Manager to take actions necessary to execute and finalize an agreement on behalf of the City of Montebello; and
3. Take such additional, related action that may be desirable.
Mayor Pro Tem Peralta motioned to approve the item, seconded by Councilmember Tamayo; the motion was approved unanimously.
18. APPROVE A PROFESSIONAL SERVICES AGREEMENT, NO. 4080, WITH R&S OVERHEAD DOORS OF COMMERCE, INC., FOR PREVENTATIVE MAINTENANCE AND DOOR REPAIR SERVICES AT THE
TRANSPORTATION FACILITY
RECOMMENDATION: It is recommended that the City Council:
1. Approve Professional Services Agreement, No. 4080, with R&S Overhead Doors of Commerce, Inc. (R&S Overhead Doors), for a three-year (3) term, for a total not-to-exceed amount of Eighty-Five Thousand, Two Hundred and Seventy-Three Dollars ($85,273), for preventative maintenance and door repair services at the City of Montebello Transportation Facility; and
2. Authorize the City Manager and/or his designee to approve change orders for up to fifteen percent (15%) of the total agreement amount; and
3. Take such additional, related action that may be desirable.
Mayor Torres and Mayor Pro Tem Peralta pulled this item for discussion. Peralta asked a clarifying question regarding the bidding process. Director of Transportation, Adrianna Kendricks, stated that it was a formal bid process.
Councilmember Jimenez motioned to approve the item, seconded by Councilmember Melendez; the motion was approved unanimously.
19. ADOPT RESOLUTION NO. 23-22 AUTHORIZING THE CITY OF MONTEBELLO TO APPLY TO THE
FEDERAL TRANSIT ADMINISTRATION (FTA) FOR FUNDING TO PURCHASE ZERO-EMISSION BUSES
UNDER THE LOW OR NO EMISSION GRANT PROGRAM AND THE GRANTS FOR BUSES AND BUS
FACILITIES PROGRAM
RECOMMENDATION: It is recommended that the City Council:
1. Adopt Resolution No. 23-22 authorizing the City of Montebello to apply to the Federal Transit Administration (FTA) for funding to purchase zero-emission buses under the Low or No Emission Grant Program (Low-No Program), in the amount of $6,925,000; and March 22, 2023: City Council Meeting Minutes Page 7 of 8
2. Authorize the City of Montebello to apply to the FTA for funding to purchase zero-emission buses under the Grants for Buses and Bus Facilities Program (Bus and Bus Facilities Program); in the amount of $6,925,000; and
3. Take such additional, related action that may be desirable.
Mayor Pro Tem Peralta motioned to approve the item, seconded by Councilmember Tamayo; the motion was approved unanimously.
20. APPROVAL OF STATE HOMELAND SECURITY PROGRAM (SHSP) FUNDS UTILIZATION
RECOMMENDATION: It is recommended that the City Council:
1. Approve the use of grant funding awarded to the Police Department by the U.S. Department of Homeland Security, State Homeland Security Program (SHSP) through Homeland Security Grant Program directly to the California Governor’s Office of Emergency Services (Cal OES), in the amount of $57,000; and
2. Authorize the City Manager to execute the subrecipient agreement; and
3. Amend the Fiscal Year 2022-23 budget and increase appropriations by $57,000 in Account No. 265- 8016-2021-6010.10 (Grants, SHSP, FY 2020-21, Machinery & Equipment [expenditures]), and $57,000 in Account No. 265-99-4198.12 (Grants, Misceaneous Grants - SHSP [revenue]); and
4. Take such additional, related action that may be desirable.
Mayor Pro Tem Peralta motioned to approve the item, seconded by Councilmember Tamayo; the motion was approved unanimously.
21. PAYMENT OF BILLS: ADOPT RESOLUTION NO. 23-23 APPROVING THE CITY WARRANT REGISTER OF DEMANDS DATED MARCH 22, 2023
RECOMMENDATION: It is recommended that the City Council:
1. Adopt Resolution No. 23-23 approving the Warrant Register dated March 22, 2023.
Mayor Torres motioned to approve the Warrant Register except for Warrant No. 599190, seconded by Councilmember Jimenez; the motion was approved unanimously.
22. APPROVAL OF MINUTES: JANUARY 11, 2023 CITY COUNCIL, PUBLIC FINANCING AUTHORITY, AND SUCCESSOR AGENCY JOINT REGULAR MEETING; JANUARY 18, 2023 SPECIAL CITY COUNCIL MEETING; JANUARY 25, 2023 SPECIAL CITY COUNCIL MEETING; AND JANUARY 25, 2023 CITY
COUNCIL AND PUBLIC FINANCING AUTHORITY JOINT REGULAR MEETING
RECOMMENDATION: It is recommended that the City Council:
1. Approve said minutes as written.
Mayor Pro Tem Peralta motioned to approve the item, seconded by Councilmember Tamayo; the motion was approved unanimously.
PUBLIC COMMENTS - CONTINUED
None.
AB 1234 TRAVEL REPORTS
Members will provide a brief report on meetings attended at the expense of the local agency as required by Government Code Section 53232.3(d).
None.
COUNCIL/AGENCY ORALS
Announcements and requests for future agenda items.
No Council Orals.
• Angie M. Jimenez, Councilmember
March 22, 2023: City Council Meeting Minutes Page 8 of 8
• Salvador Melendez, Councilmember
• Georgina Tamayo, Councilmember
• Scarlet Peralta, Mayor Pro Tem
• David N. Torres, Mayor
CLOSED SESSION - CONTINUED
Mayor Torres recessed the meeting into Closed Session to continue discussion on Closed Session Item No. 4.
Mayor Torres reconvened the meeting at 11:27 p.m.
All five members were present to discuss Closed Session Item No. 4. City Attorney Arnold Alvarez-Glasman provided the following report to City Council: a final briefing was provided on Item No. 4, no action taken and nothing to report.
ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on April 10, 2023 at 6:00 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 Sunday, March 19, 2023 no later than 6:00 p.m.
Alicia Fernandez, Senior Deputy City Clerk
Mayor Torres observed a moment of silence for MCAP participant, Monique Rivera.
Mayor Torres adjourned in the memory of Monique Rivera. Mayor Pro Tem Peralta motioned, seconded by Councilmember Melendez to adjourn the meeting at 11:29 p.m.
THE MINUTES OF MARCH 22, 2023 ARE HEREBY APPROVED AND ADOPTED ON THIS 26TH DAY OF APRIL 2023.
EXIHIBIT - CITY OF MONTEBELLO FORECASTED CITY COUNCIL AGENDA *Please note, the attached exhibit is a draft version that is to be used for reference purposes only; agenda items, information, and dates are subject to change. The exhibit will be placed at the end of the Agenda Packet.
• City of Montebello Forecasted City Council Agenda