CITY OF MONTEBELLO
REGULAR MEETING
MINUTES
WEDNESDAY, AUGUST 23, 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 concurrently with the Special City Council Meeting of August 23rd at 6:03 p.m.
ROLL CALL
Members present were Mayor Torres, Mayor Pro Tem Peralta, Councilmember Jimenez, Councilmember Melendez, and Councilmember Tamayo. City Clerk Jimenez and Treasurer Matanga were also present.
City Attorney Noel Tapia, Acting City Manager Arlene Salazar, Acting Senior Deputy City Clerk Kimberly Guillen, Office Manager Zoraida Caltitla and all Department Directors were present.
ANNOUNCEMENT OF CLOSED SESSION ITEMS
City Attorney Tapia announced the items for Closed Session.
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 four(4) 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.
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 6:11 p.m. to consider the following Closed Session items:
August 23, 2023: City Council Meeting Minutes Page 2 of 7
1. CONFERENCE WITH LABOR NEGOTIATOR
Government Code Section 54957.6
Agency Negotiators: Arlene Salazar, Acting City Manager; Nicholas Razo, Director of Human Resources Employee Organization: SMART-TD
REGULAR SESSION - IMMEDIATELY FOLLOWING CLOSED SESSION
CLOSED SESSION REPORT
Mayor Torres reconvened the meeting at 7:03 p.m.
All five members were present to discuss all Closed Session items.
City Attorney Noel Tapia provided the following report to City Council: a presentation was provided on Item No. 1 of the Special Meeting, Council provided direction, no action taken and nothing to report. Item No. 1 of the Regular Agenda will be discussed at the end of the Regular Session.
INVOCATION
Led by Mayor Torres.
PLEDGE OF ALLEGIANCE
Led by Mayor Pro Tem Peralta.
CORRECTIONS TO THE AGENDA - ACTING CITY MANAGER
Acting City Manager Salazar announced the following corrections to the agenda: Item No. 5 - change of subject to state "Introduction and First Reading of Ordinance No. 2465 Approving a Zone Code Amendment ("ZCA") Modifying the Montebello Municipal Code ("MCC") to Establish an Art in Public Places Program Modification to Section 17.62.050 of the Montebello Municipal Code to Remove "Murals" from the List of Prohibited Signs, and Adoption of CEQA Exemption Under § 15061(B)(3). Item No. 6 staff recommends moving the item to the September 13 City Council Meeting.
CEREMONIAL ITEMS/PRESENTATIONS
2. CHECK PRESENTATION TO COMMUNITY BENEFIT GROUPS
Mayor Torres presented a $5,000 check to the Montebello-Ashiya Sister City Association.
3. MONTEBELLO-ASHIYA SISTER ASSOCIATION PRESENTATION BY EMMA DELGADO - Presenting Montebello Student Ambassadors Alejandro Ruiz and Andrea Ruiz
President of the Montebello-Ashiya Sister Association, Emma Delgado, introduced Montebello Student Ambassadors Andrea Ruiz and Alejando Ruiz for a presentation on their trip to Ashiya, Japan.
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.
August 23, 2023: City Council Meeting Minutes Page 3 of 7
The City Clerk’s Office acknowledged five(5) 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.
STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST
Acting City Manager Salazar congratulated the Parks and Recreation Staff for a well organized and attended event over the weekend, the Marge Villa Field Dedication.
4. CONSIDERATION OF THE REQUEST FROM SENATOR BOB ARCHULETA TO DECLARE THE ARMENIAN
MONUMENT AS A HISTORICAL LANDMARK
Acting City Manager Salazar provided a brief presentation of the item. Staff is requesting Council direction to add the item to a future agenda for Council consideration.
Councilmember Melendez spoke in favor of the item.
Councilmember Tamayo asked staff to inquire with the Armenian Community if they are in favor of the recommendation and look into financials.
Mayor Torres spoke in favor of the item and directed staff to look into the requirements.
Mayor Pro Tem Peralta motioned, seconded by Councilmember Jimenez, approved unanimously.
MOVED: Peralta SECONDED: Jimenez APPROVED: 5-0-0-0
AYES: Jimenez, Melendez, Tamayo, Peralta, Torres
NOES: None
ABSTAIN: None
ABSENT: None
PUBLIC HEARING
5. ADOPT RESOLUTION NO. 23-63 APPROVING A ZONE CODE AMENDMENT (“ZCA”) MODIFYING THE MONTEBELLO MUNICIPAL CODE (“MMC”) TO ESTABLISH AN ART IN PUBLIC PLACES PROGRAM, MODIFICATION TO SECTION 17.62.050 OF THE MONTEBELLO MUNICIPAL CODE TO REMOVE “MURALS” FROM THE LIST OF PROHIBITED SIGNS, AND ADOPTION OF A CEQA EXEMPTION UNDER § 15061(B)(3)
RECOMMENDATION: It is recommended that the City Council:
1. Approve the Zone Code Amendment (ZCA) No. PC-2021-0005-ZCA to establish an Art in Public Places Program; and
2. Approve Ordinance No. 2465 establishing an Art in Public Places Program; and amending Section
17.62.050 of the Montebello Municipal Code (“MMC”) to remove “murals” from the list of prohibited signs; and
3. Approve ENV-105-21-CE Notice of Common Sense Exemption (State California Environmental Quality Act (CEQA) Guidelines Section § 15061(b)(3)) - exemption for the proposed project; and
4. Take such additional, related, action that may be desirable.
Economic Development Manager, Jose Gardea provided a presentation of the item.
The Public Hearing opened at 8:17 p.m. The Public Hearing was closed at 8:18 p.m. there were no comments.
The City Council spoke in support of the item.
August 23, 2023: City Council Meeting Minutes Page 4 of 7
Mayor Pro Tem Peralta motioned, seconded by Councilmember Jimenez, the item was passed unanimously.
MOVED: Peralta SECONDED: Jimenez APPROVED: 5-0-0-0
AYES: Jimenez, Melendez, Tamayo, Peralta, Torres
NOES: None
ABSTAIN: None
ABSENT: None
6. ADOPT RESOLUTION NO. 23-63 APPROVING THE FISCAL YEAR 2022-23 CONSOLIDATED ANNUAL
PERFORMANCE AND EVALUATION REPORT (CAPER)
RECOMMENDATION: It is recommended that the City Council:
1. Adopt Resolution No. 23-63 approving the Fiscal Year 2022-23 draft Consolidated Annual Performance and Evaluation Report (CAPER) and authorizing the City Manager, or their designee to submit the report to HUD; and
2. Take such additional, related action that may be desirable.
Mayor Torres motioned, seconded by Councilmember Melendez to move the item to, September 13, 2023 Council Meeting. Item 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.
Councilmember Tamayo and Mayor Torres pulled Item No. 7.
Councilmember Melendez motioned, seconded by Mayor Pro Tem Peralta , that Item No’s. 8-10, be approved; the motion passed unanimously.
MOVED: Melendez SECONDED: Peralta APPROVED: 5-0-0-0
AYES: Jimenez, Melendez, Tamayo, Peralta, Torres
NOES: None
ABSTAIN: None
ABSENT: None
7. MONTEBELLO MUNICIPAL GOLF COURSE RENOVATION PROJECT PHASE 3 (CP NO. 894-3) – AWARD
OF CONSTRUCTION CONTRACT
RECOMMENDATION: It is recommended that the City Council:
1. Find that the bid received from J-Squared General Contractors, Inc. is non-responsive and reject the bid; and
2. Award a construction contract for the Montebello Municipal Golf Course Renovation Project Phase 3 (CP No. 894-3) in the amount of $10,144,000 to Robert Clapper Construction Services, Inc. dba R.C.
Construction Services; and
3. Authorize the Director of Public Works to review and approve change orders within a five percent (5%) contingency of the contract amount; and
4. Authorize the City Manager to execute the Contract Agreement (Attachment A) with R.C. Construction Services, on behalf of the City; and
5. Find that the requested “Changes in Work” for Phase 1 (CP No. 894-1) (Attachment B) have no significant effect on the environment and approve the changes in the aggregate amount of $819,500. The adjusted contract amount with Los Angeles Engineering, Inc. is $5,913,500; and August 23, 2023: City Council Meeting Minutes Page 5 of 7
6. Find that the requested “Changes in Work” for Phase 2 (CP No. 894-2) (Attachment C) have no significant effect on the environment and approve the changes in the aggregate amount of $1,823,850. The adjusted contract amount with American Landscape, Inc. is $11,488,508; and
7. Approve Amendment No. 3 to Agreement No. 3937 with SPORTFIVE Golf, LLC (Attachment D) for additional architectural and engineering design services in the amount not-to-exceed $362,487; and
8. Award Task Order No. 5 via an Engagement Letter (Attachment E) under Master Retainer Agreement No. 3919 with AIM Consulting Services for additional Construction Management/Inspection Services for Phase 1 and 2 for a not-to-exceed-fee of $171,248; and
9. Award Task Order No. 6 via an Engagement Letter (Attachment F) under Master Retainer Agreement No. 3919 with AIM Consulting Services for Construction Management/Inspection Services for the clubhouse construction (Phase 3) for a not-to-exceed-fee of $562,011; and
10. Approve the updated Total Project Budget (Attachment G); and
11. Approve the Notice of Exemption (Attachment H) for the subject project and authorize the City Clerk to file the Notice of Exemption with Los Angeles Registrar-Recorder; and
12. Take such additional, related action that may be desirable.
Director of Public Works James Enriquez, Director of Finance Michael Solorza, and Acting City Manager Salazar provided a presentation of the item.
The City Council spoke in favor of the item.
Councilmember Tamayo requested clarification of the miscellaneous fees for phase 3. Director Enriquez provided clarification.
Councilmember Jimenez motioned, seconded by Councilmember Melendez to approve the item; motion passed unanimously.
MOVED: Jimenez SECONDED: Melendez APPROVED: 5-0-0-0
AYES: Jimenez, Melendez, Tamayo, Peralta, Torres
NOES: None
ABSTAIN: None
ABSENT: None
8. AWARD PROFESSIONAL SERVICES AGREEMENT NO. 4125, TO TENNANT SALES AND SERVICE COMPANY, FOR SCRUBBER AND SWEEPER REPLACEMENT REQUEST FOR QUOTE NO. Q-23-1
RECOMMENDATION: It is recommended that the City Council:
1. Award Professional Services AgreementNo. 4125 to Tennant Sales and Service Company, for a total not-to-exceed amount of Two Hundred Eighteen Thousand, Six Hundred and Fifteen Dollars ($218,615), for the Scrubber and Sweeper Replacement Request for Quote No. Q-23-1 (RFQ No. Q-23-1); and
2. Authorize the Acting City Manager, and/or designee, to take action necessary to execute and finalize the agreement on behalf of the City of Montebello; and
3. Take such additional, related action that may be desirable.
9. REPORT OF EMERGENCY REPAIRS TO THE POLICE DEPARTMENT BUILDING AND APPROVAL OF
CONTRACTS FOR REQUIRED REPAIR AND REMEDIATION WORK
RECOMMENDATION: It is recommended that the City Council:
August 23, 2023: City Council Meeting Minutes Page 6 of 7
1. Receive and file the City Manager’s report of emergency repairs to the Montebello Police Department headquarters building pursuant to Montebello Municipal Code Section 3.20.140 and Public Contracts Code Section 22035; and
2. Determine and find that the repairs and remediation are of an emergency nature and required to prevent further water intrusion which, if left unattended, will continue to create toxic mold, officer safety concerns, and liability in regards to proper storage and handling of criminal evidence; and
3. Authorize the Acting City Manager to execute professional service agreements with ATI Restoration LLC., Mr. Rooter Plumbing, and Custom Craft Flooring for the repair of the Montebello Police Department to remediate the damage caused by water intrusion, in a total aggregate amount of $300,000; and
4. Amend the Fiscal Year 2023-24 budget by increasing appropriations by $300,000 in Account No.100- 30-510-6040.60 (General Fund, Public Works, Facilities Maintenance, Other Contract Services-Building Maintenance/ Repairs); and
5. Take such additional, related, action that may be desirable.
10. PAYMENT OF BILLS: ADOPT RESOLUTION NO. 23-65 APPROVING THE CITY WARRANT REGISTER OF DEMANDS DATED AUGUST 23, 2023
RECOMMENDATION: It is recommended that the City Council:
1. Adopt Resolution No. 23-65 approving the Warrant Register dated August 23, 2023.
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).
None.
COUNCIL/AGENCY ORALS
Announcements and requests for future agenda items.
• Angie M. Jimenez, Councilmember
• Salvador Melendez, Councilmember
• Georgina Tamayo, Councilmember
• Scarlet Peralta, Mayor Pro Tem
August 23, 2023: City Council Meeting Minutes Page 7 of 7
• David N. Torres, Mayor
1. Appointment of Danielle Cardona to the Traffic and Safety Commission.
CLOSED SESSION - CONTINUED
Mayor Torres recessed the meeting into Closed Session at 9:07 p.m. to consider Item No. 1 of Closed Session.
Mayor Torres reconvened the meeting at 10:21 p.m.
All five members were present to discuss all Closed Session items. City Attorney Noel Tapia provided the following report to City Council: a presentation was provided on Item No. 1, no action taken and nothing to report.
ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on September 13, 2023, at 6:00 p.m., which can be live- streamed at https://www.montebelloca.gov (Click on Live Stream).
I, Kimberly Guillen, Acting Senior Deputy City Clerk for the City of Montebello, hereby certify that a copy of this agenda has been posted on or before Sunday, August 20, 2023, no later than 6:00 p.m.
Kimberly Guillen, Acting Senior Deputy City Clerk
Mayor Torres motioned to adjourn the meeting, seconded by Councilmember Tamayo to adjourn the meeting at 10:22 p.m.
THE MINUTES OF AUGUST 23, 2023, ARE HEREBY APPROVED AND ADOPTED ON THIS 11TH DAY OF OCTOBER 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