AMENDED AGENDA
CITY OF MONTEBELLO
REGULAR MEETING
MINUTES
WEDNESDAY, MAY 10, 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 call
ed the meeting to order at 6:01 p.m.
ROLL CALL
Members present were Mayor Torres, Mayor Pro Tem Peralta, Councilmember Jimenez (arrived at 6:06 pm) Councilmember Melendez, and Councilmember Tamayo. City Clerk Jimenez and Treasurer Matanga were also present.
City Attorney Arnold Alvarez-Glasman, Assistant City Manager Arlene Salazar, Deputy City Clerk Kimberly Guillen, Records Coordinator Angelina Padilla, and all Department Directors were present.
ANNOUNCEMENT OF CLOSED SESSION ITEMS
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 one (1) member(s) of the public wishing to address the City Council. Speaker(s) was/were provided three minutes to address the City Council and said speaker card(s) is/are on file at the City Clerk’s office.
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 6:06 p.m. to consider the following Closed Session items:
May 10, 2023: City Council Meeting Minutes Page 2 of 8
1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(d)(2)
One matter related to the Brownfield Overlay Zone
One matter related to Infrastructure Engineering
2. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
Government Code Section 54947(b)(1)
3. CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Negotiators: Assistant City Manager Arlene Salazar and Human Resources Director Nicholas Razo Employee Groups: Various City employee groups, including but not limited to MPOA, MPMA, and SMART TD.
4. 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 7:23 p.m.
All five members were present to discuss all Closed Session items. City Attorney Arnold Alvarez-Glasman provided the following report to City Council: a briefing was provided on Item No. 1, on the matter related to Brownfield Overlay Zone, direction was given, no action taken and nothing to report; an update was provided on the Infrastructure Engineering matter, the Council provided direction and three (3) Councilmembers were in support, two (2) Councilmembers were not in support, Councilmember Melendez and Councilmember Jimenez. City Attorney will follow up accordingly. Item No. 3, a briefing was provided, no action taken and nothing to report. Items No. 2 and 4 were discussed after the Consent Calendar.
INVOCATION
City Clerk Jimenez led the City Council in the Invocation.
PLEDGE OF ALLEGIANCE
Councilmember Melendez led the City Council in the Pledge of Allegiance.
CORRECTIONS TO THE AGENDA - CITY MANAGER
None.
CEREMONIAL ITEMS/PRESENTATIONS
5. CITIZEN OF THE MONTH - CAMILLA CHAN
Presented by Mayor Torres.
6. ASIAN PACIFIC HERITAGE MONTH
Presented by Mayor Torres.
May 10, 2023: City Council Meeting Minutes Page 3 of 8
7. NATIONAL PET MONTH
Presented by Mayor Torres.
8. MENTAL HEALTH MONTH
Presented by Mayor Torres.
9. MOTORCYCLE SAFETY AWARENESS MONTH
Presented by Mayor Torres.
10. NATIONAL MILITARY APPRECIATION MONTH
Presented by Mayor Torres.
11. DEPARTMENT BUDGET PRESENTATIONS
Presented by Department Directors.
Mayor Torres halted the presentations halfway through the PowerPoint, and suggested the remaining presentations be conducted at the next meeting due to time. The Mayor also asked, if possible, that the remaining presentation include financials.
Councilmember Melendez asked clarifying questions in regards to the Solid Waste program, Director James Enriquez provided clarification.
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 seven (7) member(s) of the public wishing to address the City Council. Speaker(s) was/were provided three minutes to address the City Council and said speaker card(s) is/are on file at the City Clerk’s office.
Mayor Torres asked Assistant City Manager Salazar that Staff follow up with Mr. Allen Wesley.
STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST
None.
REGULAR BUSINESS
12. ADOPT RESOLUTION NO. 23-28 APPROVING A COMPREHENSIVE MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF MONTEBELLO AND THE MONTEBELLO POLICE
MANAGEMENT ASSOCIATION (MPMA)
RECOMMENDATION: It is recommended that the City Council:
1. Adopt Resolution No. 23-28 approving a tentatively agreed to comprehensive Memorandum of Understanding (MOU) between the City of Montebello and the Montebello Police Management Association (MPMA); and
2. Take such additional, related action that may be desirable.
Mayor Torres motioned to approve the item with an additional recommendation to create an Ad Hoc that respects the Council's roles as policy makers for the purpose of creating a more collaborative process in the way the negotiating process May 10, 2023: City Council Meeting Minutes Page 4 of 8
goes, seconded by Mayor Pro Tem Peralta.
Assistant City Manager Salazar asked a clarifying question if this would make Council apart of labor negotiations. Mayor Torres stated this request is to create an Ad Hoc.
Councilmember Jimenez made a substitute motion to approve the item as is, seconded by Councilmember Melendez; the motion failed by the following vote:
MOVED: Jimenez SECONDED: Melendez FAILED: 2-3-0-0
AYES: Jimenez, Melendez
NOES: Tamayo, Peralta, Torres
ABSTAIN: None
ABSENT: None
Motion failed, and the original motion was brought back. The motion passed by the following vote:
MOVED: Torres SECONDED: Peralta APPROVED: 3-2-0-0
AYES: Tamayo, Peralta, Torres
NOES: Jimenez, Melendez
ABSTAIN: None
ABSENT: None
13. ECONOMIC DEVELOPMENT ACTION PLAN FRAMEWORK
RECOMMENDATION: It is recommended that the City Council:
1. Receive and file the Economic Development Action Plan Framework; and,
2. Take such additional, related action that may be desirable.
Economic Development Manager, Jose Gardea, presented a PowerPoint on the Economic Prosperity Action Plan, Economic Challenges, Areas of Action, Development Opportunities, Public Infrastructure Investments, Placemaking Programs, Business/ Entrepreneur/Workforce Support, Consumer Report, and Next Steps.
Council commended Mr. Gardea on his presentation, and expressed their excitement for the economic opportunities for the City.
Mayor Pro Tem motioned to receive and file this item, seconded by Councilmember Melendez; 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.
Mayor Torres pulled Item No’s. 15, 20, and 21. Councilmember Melendez motioned, seconded by Mayor Pro Tem Peralta, that Item No’s. 14, 16-19 and 22-25, be approved; the motion passed unanimously.
14. AUTHORIZATION TO ISSUE A REQUEST FOR PROPOSALS (RFP NO. 23-10) FOR LOCAL HAZARD
MITIGATION PLAN
RECOMMENDATION: It is recommended that the City Council:
1. Authorize to issue a Request for Proposals (RFP) for Local Hazard Mitigation Plan; and
2. Take such additional, related action that may be desirable.
Approved unanimously.
May 10, 2023: City Council Meeting Minutes Page 5 of 8
15. AUTHORIZE ISSUING REQUEST FOR PROPOSALS (RFP) NO. 23-8 FOR PRINTING AND GRAPHIC
DESIGN SERVICES
RECOMMENDATION: It is recommended that the City Council:
1. Authorize the issuing of a Request for Proposals (RFP) 23-8 for printing and graphic design services; and
2. Take such additional, related action that may be desirable.
Mayor Torres pulled this item for discussion and asked how is this contract different than other contract services we've engaged in. Director Solorza, clarified that this is a much more transparent process. Mayor Torres asked that when this item come back it has the list of responses and scores included.
It was motioned by Mayor Torres, seconded by Mayor Pro Tem Peralta that the item be approved as recommended by Staff; the motion was approved unanimously.
16. ANNUAL SLURRY SEAL PROJECT FOR FISCAL YEAR 2022-23 (CP NO. 892) – NOTICE OF COMPLETION
RECOMMENDATION: It is recommended that the City Council:
1. Accept the Annual Slurry Seal Project for Fiscal Year 2022-23 (CP No. 892) as completed by Doug Martin Contracting Company, and
2. Find that the requested “Changes in Work” for the project (Attachment A) have no significant effect on the environment and approve the additional changes in the amount of $33,409. The final contract amount with Doug Martin Contracting Company is $657,193; and
3. Approve the Final Total Project Budget (Attachment B); and
4. Authorize the City Clerk to file the Notice of Completion with LA County Recorder (Attachment C); and
5. Authorize the City Manager to release the retention payment due to Doug Martin Contracting Company 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.
17. ANNUAL CONCRETE REPAIR PROGRAM PROJECT FISCAL YEAR 2021-22 (CP NO. 891) – NOTICE OF
COMPLETION
RECOMMENDATION: It is recommended that the City Council:
1. Accept the Annual Concrete Repair Program Project from Fiscal year 2021-22 (CP No. 891) as completed by CJ Concrete Construction, Inc., 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 $274,628. The final contract amount with CJ Concrete Construction, Inc. is $1,483,611; and
3. Approve the Final Total Project Budget (Attachment B); and
4. Authorize the City Clerk to file the Notice of Completion with LA County Recorder (Attachment C); and
5. Authorize the City Manager to release the retention payment due to CJ Concrete Construction, 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.
18. APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. 4005 WITH AVENU INSIGHTS & ANALYTICS, LLC
RECOMMENDATION: It is recommended that the City Council:
1. Approve the attached Amendment to Agreement No. 4005 with Avenu Insights & Analytics, LLC, (Avenu); and
2. Take such additional, related action that may be desirable.
Approved unanimously.
19. TREASURER'S REPORT FOR THE QUARTER ENDING MARCH 31, 2023
RECOMMENDATION: It is recommended that the City Council:
May 10, 2023: City Council Meeting Minutes Page 6 of 8
1. Receive and file the Quarterly Treasurer's Report for the quarter ending March 31, 2023 (Third Quarter).
Approved unanimously.
20. ADOPT RESOLUTION NO. 23-29 TO TEMPORARILY SUSPEND LIMITATIONS UNDER MONTEBELLO MUNICIPAL CODE SECTION 17.54.040(C)(3) FOR NON-CONFORMING BUILDINGS THAT WERE
DAMAGED OR PARTIALLY DESTROYED AS A RESULT OF THE MONTEBELLO TORNADO IN ORDER TO
FACILITATE REPAIRS ASSOCIATED WITH AFFECTED BUILDINGS
RECOMMENDATION: It is recommended that the City Council:
1. Adopt Resolution No. 23-29, approving a temporary suspension of the limitations under Montebello Municipal Code Section 17.54.040(C)(3) for Non-Conforming Uses/Buildings that were damaged or partially destroyed as a result of the Montebello tornado; and
2. Take such additional, related action that may be desirable.
Mayor Torres pulled this item for discussion and made a motion to approve the item with the addition that it come back at the end of the 6 month period with a report by Council on what reconstruction activities have taken place, so that there is an understanding that out of the 11 buildings that were red tagged, which ones still may not be in operation an may need additional assistance, and also giving Council the opportunity that if that period needs to be extended that at least the item is coming back. The second recommendation is that the property owners are provided with 30-days notice that this 6 month period is going to be expiring. Seconded by Mayor Pro Tem Peralta; the motion was approved unanimously.
21. APPROVAL OF AMENDMENT NO. 3 TO AGREEMENT NO. 3444 WITH JOHNSON CONTROLS, INC FOR
CITYWIDE HVAC MAINTENANCE AND REPAIRS
RECOMMENDATION: It is recommended that the City Council:
1. Approve Amendment No. 3 to Agreement No. 3444 with Johnson Controls for Citywide Heating, Ventilation, and Air Conditioning (HVAC) Maintenance and Repair increasing the annual contract amount for Fiscal Year 2022-23 by $75,000 to a total of $204,052; and
2. Authorize the City Manager to execute Amendment No. 3 on behalf of the City; and
3. Amend the Fiscal Year 2022-23 budget by increasing appropriations by $56,250 in Account No. 100-30- 510-6040.60 (General Fund, Public Works, Facilities Maintenance, Building Maintenance/Reparis), and $18,750 in Account No. 600-90-915-6040.60 (Transit, Corporate Shops, Building Maintenance/Repairs), and;
4. Authorize the issuance of an RFP for Citywide HVAC Maintenance and Repair services; and
5. Take such additional, related action that may be desirable.
Mayor Torres pulled this item for discussion and he stated that the $75,000 amendment seems to be a lot considering the Fiscal Year is about to end, and asked Director Enriquez to explain. Director Enriquez clarified that there were critical facilities that had to have repairs done, and the amendment would provide enough funding for those repairs and cover the routine maintenance until the RFP is advertised.
It was motioned by Mayor Torres, seconded by Councilmember Melendez, that the item be approved as recommended by Staff; the motion was approved unanimously.
22. APPROVAL TO SUBMIT GRANT APPLICATION TO THE SOUTHERN CALIFORNIA GAS COMPANY (SoCalGas) PLANNING GRANTS TO SUPPORT CLIMATE ADAPTATION AND RESILIENCY
RECOMMENDATION: It is recommended that the City Council:
1. Approve submission of a grant application for the SoCalGas Planning Grants to Support Climate Adaptation and Resiliency; and
2. Take such additional, related action that may be desirable.
Approved unanimously.
23. ACKNOWLEDGE SUBMITTAL OF GRANT APPLICATION TO THE DEPARTMENT OF HEALTH AND
HUMAN SERVICES SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION (SAMHSA)
May 10, 2023: City Council Meeting Minutes Page 7 of 8
RECOMMENDATION: It is recommended that the City Council:
1. Acknowledge submission of a grant application in the amount of 2.5 million dollars for the Department of Health and Human Services Substance Abuse and Mental Health Services Administration (SAMHSA) Fiscal Year 2023 program; and
2. Take such additional, related action that may be desirable.
Approved unanimously.
24. APPROVAL OF MINUTES: FEBRUARY 27, 2023 SPECIAL CITY COUNCIL MEETING; MARCH 1, 2023 SPECIAL CITY COUNCIL MEETING; MARCH 13, 2023 SPECIAL CITY COUNCIL MEETING
RECOMMENDATION: It is recommended that the City Council:
1. Approve said minutes as is.
Approved unanimously.
25. PAYMENT OF BILLS: ADOPT RESOLUTION NO. 23-30 APPROVING THE CITY WARRANT REGISTER OF DEMANDS DATED MAY 10, 2023
RECOMMENDATION: It is recommended that the City Council:
1. Adopt Resolution No. 23-30 approving the Warrant Register dated May 10, 2023.
Approved unanimously.
PUBLIC COMMENTS - CONTINUED
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).
Councilmemeber Melendez attended the SCAG conference and provided a brief summary.
COUNCIL/AGENCY ORALS
Announcements and requests for future agenda items.
• Georgina Tamayo, Councilmember
• Angie M. Jimenez, Councilmember
1. Request Council Consensus to display an LGBTQIA banner.
Councilmember Jimenez stated she would save her Council Oral for the next Council Meeting. • David N. Torres, Mayor
1. Request for council consensus to recognize May 26, 2023 as National Poppy Day to honor the fallen and support the living who have worn our nation's uniform.
2. Request(s) for certain budget presentations and information.
3. Request for council consensus directing staff to study fees related to fundraising by non-profits and other community organizations in Montebello.
May 10, 2023: City Council Meeting Minutes Page 8 of 8
For Mayor Torres' Council Oral Item No. 1, he asked for consensus; consensus received. Item No. 2 asked for consensus to direct staff to submit the executive summary of the budget to Council at least a week before, and asked for consensus to direct staff to include fund balances in the budget presented to Council; consensus received. Item No. 3. asked for consensus to direct staff, to better understand the fees that the City has, and shape them a little better; consensus received.
Mayor Torres also asked for consensus to work with staff to mimic or use templates from the City of Pico Rivera that provide in detail the scope of work and what the project entails for Capital Improvement projects and have that on the budget; consensus received.
• Scarlet Peralta, Mayor Pro Tem
• Salvador Melendez, Councilmember
CLOSED SESSION - CONTINUED
Mayor Torres recessed back into Closed Session at 9:54 pm.
Mayor Torres reconvened into Regular Session at 10:13 pm. City Attorney provided the following report: Item No. 2, City Attorney stepped out of the room; direction was provided to special counsel nothing further to report. Item No. 4, direction was provided to special counsel and nothing further to report.
ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on May 24, 2023 at 6:00 p.m. which can be live streamed at https://www.montebelloca.gov (Click on Live Stream).
I, Kimberly Guillen, Deputy City Clerk for the City of Montebello hereby certify that a copy of this agenda has been posted on or before Sunday, May 7, 2023 no later than 6:00 p.m.
Kimberly Guillen, Deputy City Clerk
Mayor Pro Tem Peralta motioned, seconded by Councilmember Tamayo to adjourn the meeting at 10:23 p.m.
THE MINUTES OF MAY 10, 2023 ARE HEREBY APPROVED AND ADOPTED ON THIS 14TH DAY OF JUNE 2023.
EXHIBIT - CITY OF MONTEBELLO FORECASTED 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 Agenda