CITY OF MONTEBELLO
CITY COUNCIL
REGULAR MEETING
WEDNESDAY, SEPTEMBER 27, 2023 AT 6:00 PM
CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD
MONTEBELLO, CALIFORNIA
CITY COUNCIL
David N. Torres, Mayor
Scarlet Peralta, Mayor Pro Tem
Angie M. Jimenez, Councilmember
Salvador Melendez, Councilmember
Georgina Tamayo, Councilmember
ACTING CITY MANAGER
Arlene Salazar
CITY TREASURER
David Matanga
CITY ATTORNEY
Arnold M. Alvarez-Glasman
CITY CLERK
Christopher Jimenez
DEPARTMENT HEADS
Fire Chief
Police Chief
Director of Finance
Director of Human Resources
Director of Planning/Community Development
Acting Director of Public Works
Director of Recreation and Community Services
Director of Transportation
Fernando Pelaez
Paul Espinosa
Michael Solorza
Nicholas Razo
Joseph Palombi
Rita Montalvo
David Sosnowski
Adrianna Kendricks
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NOTICES
This City Council Meeting ("Council") will be held in person and will meet at City Hall – City Council Chambers, 1600 West Beverly Boulevard, Montebello, California. The meeting will be live streamed and can be watched on the City’s website and YouTube Channel via the following link: https://www.montebelloca.gov, and may also be viewed on Spectrum Public Access Channel 3 for all Spectrum cable subscribers.
AMERICANS WITH DISABILITIES ACT: In compliance with the Americans with Disabilities Act (ADA) any person with a disability who requires special accommodations in order to participate in a meeting should contact the Administration Office at (323) 887-1437 Monday-Thursday from 7:30 a.m.-5:30 p.m. Please call 48 hours prior to the meeting to ensure that reasonable arrangements can be made to provide accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II 1203). If you require translation services, please contact the City Clerk’s office 72 hours before this meeting. Si necesita servicios de traducción, comuníquese con la Oficina del Secretario Municipal 72 horas antes de esta reunión. 如果您需要翻译服务,请在会议前 72 小时联系市书记员办公室.
RULES OF DECORUM:
Pursuant to Section 54957.95 of the Government Code, the presiding member of the legislative body conducting a meeting, or their designee, is authorized to remove, or cause the removal of, an individual for disrupting the meeting.
Any such removal will be preceded by a warning to the disruptive individual by the presiding member of the legislative body or their designee that the individual’s behavior is disrupting the meeting and that the individual’s failure to promptly cease their disruptive behavior may result in their removal.
PUBLIC COMMENTS:
In-Person: For those interested in participating during the Public Comment period(s) or public testimony period for Public Hearings of the City Council meetings, you may address the City Council in person only the day of the meeting.
Speakers will be required to fill out a speaker card provided at the door and submit it to City Clerk staff prior to each Public Comment announcement period. Staff will number and call each speaker card in the order received. Closed Session begins at 6:00 p.m. and Regular Session begins immediately thereafter; if there is no Closed Session, Regular Session will begin at 6:00 p.m.
AGENDA MATERIALS: The agenda and/or agenda packet are available for public inspection at City’s website at:
Agendas, Minutes, and Videos,
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IN CONSIDERATION OF OTHERS, PLEASE TURN OFF, OR MUTE, ALL CELL PHONES AND PAGERS
THANK YOU FOR YOUR COOPERATION
OPENING CEREMONIES
CALL TO ORDER - 6:00 P.M.
ROLL CALL
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.
CLOSED SESSION
The City Attorney shall provide a briefing on the item listed for Closed Session as follows:
1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Alicia Mendoza vs. County of Los Angeles, et al.
Los Angeles County Superior Court Case No. 21STCV42900
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Government Code Section 54956.8
Property: 2051 West Whittier Boulevard, Montebello Agency’s Negotiator: Arlene Salazar, Acting City Manager Negotiating Party: Montebello Senior Villas
Under Negotiation: Terms of Lease
3. PUBLIC EMPLOYEE APPOINTMENT
Government Code Section 54957
Position: City Manager
REGULAR SESSION - IMMEDIATELY FOLLOWING CLOSED SESSION
CLOSED SESSION REPORT
INVOCATION
PLEDGE OF ALLEGIANCE
CORRECTIONS TO THE AGENDA - ACTING CITY MANAGER
CEREMONIAL ITEMS/PRESENTATIONS
4. SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS - PRESENTATION ON PROGRAMS AND
INITIATIVES
5. POLICE EFFORTS - CRIME UPDATES
6. CERTIFICATE OF RECOGNITION - BARRY
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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.
STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST
PUBLIC HEARING
7. FIRST READING AND INTRODUCTION OF ORDINANCE NOS. 2466, 2467, AND 2468 APPROVING A TEXT CODE AMENDMENT (“TCA”) (CASE NO. PC-2023-0006-TCA) AMENDING CHAPTER 17.62 - SIGNS OF THE
MONTEBELLO MUNICIPAL CODE (MMC) TO INCLUDE REGULATIONS RELATED TO CONVERSIONS OF OFF-PREMISES SIGNS. THE APPLICANT SEEKS TO ENTER INTO TWO (2) AMENDED AND RESTATED
DEVELOPMENT AGREEMENTS BETWEEN THE CITY OF MONTEBELLO AND CLEAR CHANNEL OUTDOOR, LLC. REPLACING DEVELOPMENT AGREEMENT NO. 02-22 (AGREEMENT NO. 4032) AND DEVELOPMENT AGREEMENT NO. 03-22 (AGREEMENT NO. 4033) FOR THE RELOCATION AND REPLACEMENT OF EXISTING LAWFULLY PERMITTED DUAL-FACED 12’ X 25’ STATIC OFF-PREMISES OUTDOOR ADVERTISING SIGNS LOCATED AT 1633 WASHINGTON BOULEVARD AND 1720 BLUFF ROAD IN THE CITY OF MONTEBELLO WITH A NEW 12’X 25’ DUAL-FACED DIGITAL OFF-PREMISES OUTDOOR ADVERTISING SIGN AT EACH RESPECTIVE LOCATION.
RECOMMENDATION: It is recommended that the City Council:
1. Conduct a Public Hearing and uphold the Planning Commission’s recommendation to approve a Text Code Amendment (Case No. PC-2023-0006-TCA) as well as the related Amended and Restated Development Agreements Nos. (DA Nos. 01- 23 and 02-23) between the City of Montebello and Clear Channel Outdoor, LLC. to amend Chapter 17.62 - Signs of the MMC and allow the relocation and replacement of existing lawfully permitted dual-faced static off-premises outdoor advertising signs for the properties located at 1633 Washington Boulevard and 1720 Bluff Road within the City of Montebello; and
2. Determine and find that the project is exempt from the California Environmental Quality Act (CEQA) pursuant to the “Common Sense” exemption set forth under Section 15061(b)(3), which provides that CEQA applies only to projects which have the potential for causing a significant effect on the environment and CEQA Guidelines Section 15303 related to construction and location of limited numbers of new, small facilities or structures, and the conversion of existing small structures that are consistent with the City’s general plan policies and zoning regulations and pursuant to CEQA Guidelines Section 15061(b)(3) related to CEQA only applying to projects which have the potential for causing a significant effect on the environment; and
3. Introduce and waive the first reading of Ordinance No. 2466 approving a Text Code Amendment amending Chapter 17.62 Signs of the Montebello Municipal Code (MMC) to include regulations related to conversions of off-premises signs (Attachment A, Exhibit A); and
4. Introduce and waive the first reading of Ordinance No. 2467 approving the Amended and Restated Development Agreement (DA No. 01-23) between the City of Montebello and Clear Channel Outdoor, LLC for the property located at 1633 Washington Blvd. (Attachment B); and
5. Introduce and waive the first reading of Ordinance No. 2468 approving the Amended and Restated Development Agreement (DA No. 02-23) between the City of Montebello and Clear Channel Outdoor, LLC for the property located at 1720 S. Bluff Road (Attachment C); and
6. Take such additional and/or related action that may be desirable.
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REGULAR BUSINESS
8. ADOPT RESOLUTION NO. 23-69 UPDATING THE COMPENSATION PLAN AND TABLE OF ORGANIZATION TO ADJUST "POLICE TRAINEE" SALARY RANGE
RECOMMENDATION: It is recommended that the City Council:
1. Adopt Resolution No. 23-69 (Compensation Plan and Table of Organization) to update the Police Trainee salary range, from range twenty-four ($58,726 – $73,341) to range forty-one ($89,359 – $111,597); and
2. Take such additional, related action that may be desirable.
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.
9. APPROVE PARTICIPATION AGREEMENT BETWEEN THE CITY OF MONTEBELLO AND SOUTHERN
CALIFORNIA EDISON FOR THE INSTALLATION OF ELECTRIC VEHICLE CHARGING INFRASTRUCTURE
UNDER THE CHARGE READY PROGRAM
RECOMMENDATION: It is recommended that the City Council:
1. Approve the Charge Ready Charging Infrastructure and Rebate Participation Agreement with Southern California Edison (SCE); and
2. Authorize the Acting City Manager to execute the agreement on behalf of the City; and
3. Take such additional, related action that may be desirable.
10. AUTHORIZE ISSUING REQUEST FOR PROPOSALS (RFP) 24-6 FOR CONSULTANT SERVICES FOR PRE-
EMPLOYMENT PUBLIC SAFETY BACKGROUND INVESTIGATIONS
RECOMMENDATION: It is recommended that the City Council:
1. Authorize the issuing of a Request for Proposals (RFP) 24-6 to hire a consultant(s) to provide pre- employment public safety background investigation services; and
2. Authorize the use of up to $75,000 to continue conducting background investigation while the RFP process is complete; and
3. Take such additional, related action that may be desirable.
11. APPROVE THE PURCHASE OF ONE PARAMEDIC RESCUE SQUAD AND RELATED EQUIPMENT AND
SUPPLIES AND AUTHORIZE THE BORROWING OF TWO PARAMEDIC RESCUE SQUADS
RECOMMENDATION: It is recommended that the City Council:
1. Authorize an agreement with South Coast Fire Equipment, Inc. to purchase one (1) 2023 Pierce Ford F550 Rescue Squad Apparatus, for a not-to-exceed amount of $342,317; and
2. Authorize the Acting City Manager, City Attorney and Fire Chief to enter into discussions with the County of San Bernardino and/ or the County of Los Angeles to borrow two (2) Paramedic Rescue Squads for a limited time period to allow for the acquisition of additional rescue squads; and
3. Authorize acquisition of the necessary emergency medical supplies, communications and related equipment to outfit the Paramedic Rescue Squads; and
4. Amend the Fiscal Year 2023-24 budget by increasing appropriations by a total of $492,317, in the following accounts and amounts: $342,317, 100-85-860-6082 (General Fund, Fire, Suppression, Vehicle Purchase) and $150,000, 100-85-860-6010.10 (General Fund, Fire, Suppression, Machinery and Equipment); and
5. Take such additional, related actions necessary to purchase, outfit and borrow the required rescue squad vehicles
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12. APPROVE ESTABLISHING SOLE-SOURCE BLANKET PURCHASE ORDERS WITH: AFTERMARKET
PARTS COMPANY, AMERICAN MOVING PARTS, CUMMINS PACIFIC, AND INLAND KENWORTH TO
PURCHASE MAINTENANCE-RELATED BUS PARTS, FIRE APPARATUS PARTS, AND VEHICLE FLEET PARTS
RECOMMENDATION: It is recommended that the City Council:
1. Approve establishing a sole-source blanket purchase order (PO) with The Aftermarket Parts Company, LLC (Aftermarket Parts), for the total not-to-exceed amount of One Hundred Seventy Thousand Dollars ($170,000) to purchase Original Equipment Manufacturer (OEM) proprietary bus parts which can only be acquired through this vendor for the Fiscal Year 2023-24; and
2. Approve establishing a sole-source blanket PO with American Moving Parts, LLC (American Moving Parts), for the total not-to-exceed amount of One Hundred Twenty Thousand Dollars ($120,000), to provide drum brake and related parts for Montebello Bus Lines (MBL) and vehicle fleet parts for the Montebello Fire Department (MFD) for the FY 2023-24; and
3. Approve establishing a sole-source blanket PO with Cummins Pacific, LLC (Cummins Pacific), for the total not-to-exceed amount of Ninety Thousand Dollars ($90,000), to purchase OEM vehicle parts for MBL buses and vehicle fleet parts for the MFD for the FY 2023-24; and
4. Approve establishing a sole-source blanket PO with Inland Kenworth Inc. (Inland Kenworth), for the total not-to-exceed amount of Seventy Thousand Dollars ($70,000), to provide powertrain services and OEM parts for FY 2023-24; and
5. Take such additional, related action that may be desirable.
13. APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. 2669 WITH CLEAN ENERGY FUELS CORP. TO PROVIDE MAINTENANCE AND SUPPORT SERVICES FOR MONTEBELLO BUS LINES’ COMPRESSED
NATURAL GAS STATION
RECOMMENDATION: It is recommended that the City Council:
1. Approve Amendment No. 2 to Agreement No. 2669 with Clean Energy Fuels Corp. (Clean Energy), to provide maintenance and support services for Montebello Bus Lines’ compressed natural gas (CNG) station for an additional one-year (1) term with additional compensation of an amount not-to-exceed One Hundred Forty Thousand Dollars ($140,000); and
2. Authorize the Acting City Manager and/or her designee to execute Amendment No. 2 on behalf of the City of Montebello (City); and
3. Take such additional, related action that may be desirable.
14. AWARD A PROFESSIONAL SERVICES AGREEMENT, NO. 4131, TO A AND A FLEET PAINTING INC., FOR
THE EXTERIOR BUS GRAPHICS DECAL REPLACEMENT AND REPAINTING SERVICES REQUEST FOR PROPOSAL NO. 23-11
RECOMMENDATION: It is recommended that the City Council:
1. Award Professional Services Agreement No. 4131 to A and A Fleet Painting, Inc., for the Exterior Bus Graphics Decal Replacement and Repainting Services Request for Proposal No. 23-11; and
2. Authorize the Acting City Manager to take action necessary to execute and finalize a contract on behalf of the City of Montebello with A and A Fleet Painting, Inc.; and
3. Take such additional, related action that may be desirable.
15. AWARD PROFESSIONAL SERVICES AGREEMENT NO. 4127 TO KYA SERVICES, LLC, FOR THE TRANSIT RESTROOM RENOVATION SERVICES REQUEST FOR PROPOSAL NO. 23-14
RECOMMENDATION: It is recommended that the City Council:
1. Award Professional Services Agreement No. 4127 to KYA Services, LLC for the Restroom Renovation Services Request for Proposal No. 23-14 (RFP No. 23-14); and
2. Authorize the Acting City Manager to execute and finalize the Professional Services Agreement on behalf of the City of Montebello with KYA Services, LLC; and
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3. Take such additional, related action that may be desirable.
16. APPROVE A LAND LEASE AGREEMENT WITH THE CITY OF BELL FOR THE INSTALLATION OF A RADIO
MICROWAVE LINK
RECOMMENDATION: It is recommended that the City Council:
1. Approve a Land Lease Agreement between the City and the City of Bell for installation of a radio microwave link on a certain designated space on the City's radio communications tower located at the Prime/Reservoir Radio Site at 1343 North Montebello Boulevard; and,
2. Authorize the Acting City Manager to execute the Land Lease Agreement with the City of Bell; and,
3. Take such additional, related action that may be desirable.
17. APPROVE THE SECOND AMENDMENT TO COMMERCIAL CANNABIS BUSINESS DEVELOPMENT AGREEMENT NO. 14-19
RECOMMENDATION: It is recommended that the City Council:
1. Approve, in the form as presented, a Second Amendment to Cannabis Business Development Agreement No. 14-19 (“Second Amendment”) for the operation of commercial cannabis activities in the City of Montebello, and authorize the City Attorney’s Office to make final and technical edits or revisions, if any, prior to execution; and
2. Adopt findings contained herein exempting the Second Amendment from further CEQA review under CEQA Section 15301, and direct staff to prepare and file the applicable Notices of Exemption for the project recommended for approval; and
3. Take such additional, related action that may be desirable.
18. APPROVE TASK NO. 1.1 UNDER MASTER RETAINER AGREEMENT NO. 4000 WITH KOA FOR ON-CALL ENGINEERING DESIGN SERVICES FOR MS4 NPDES PERMIT ADDITIONAL SERVICES
RECOMMENDATION: It is recommended that the City Council:
1. Approve Task Order No. 1.1 via an Engagement Letter under Master Retainer Agreement No. 4000 with KOA for Additional MS4 NPDES Permit Services in a not-to-exceed amount of $185,087; and
2. Amend the Fiscal Year 2023-24 budget by increasing appropriations by $40,000 in Account No. 229-30- 315-6040.10 (Measure W, Public Works, Stormwater, Contract Services Outside Contracts)
3. Authorize the Acting City Manager to execute the Contract Agreement, on behalf of the City; and
4. Take such additional, related, action that may be desirable
19. APPROVE EMERGENCY REPAIRS FOR THE SEWER LIFT STATION AT 348 E. LINCOLN AVENUE
RECOMMENDATION: It is recommended that the City Council:
1. Approve emergency repairs for the Sewer Lift station at 348 E. Lincoln Avenue in the total amount of $250,000 under the authority of Montebello Municipal Code (MMC) Section 3.20.050(A); and,
2. Amend the Fiscal Year 2023-24 budget by increasing appropriations by a total of $250,000 in Account No. 100-30-340-6040.50 (General Fund, Public Works, Sewer Operations, Contract Services Street Maintenance); and
3. Take such additional, related, action that may be desirable.
20. ADOPT CITY COUNCIL RESOLUTION NO. 23-70 NAMING A CERTAIN PUBLIC STREET “TOPGOLF DRIVE’ AND RESOLUTION NO. 23-71 AUTHORIZING THE RENAMING OF THE MONTEBELLO GOLF COURSE TO
BELLA VERDE RESORT AT MONTEBELLO AND RENAMING A PORTION OF VIA SAN CLEMENTE ROAD, FROM N. GARFIELD AVENUE TO THE SOUTH ENTRANCE OF THE CITY OF MONTEBELLO GOLF COURSE, AS “BELLA VERDE DRIVE”
RECOMMENDATION: It is recommended that the City Council:
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1. Adopt Resolution No. 23-70 naming a certain public street “Topgolf Drive” and Resolution No. 23-71 renaming a portion of Via San Clemente Road, from N. Garfield Avenue to the south entrance of the City of Montebello Golf Course, as “Bella Verde Drive"; and
2. Authorize the Acting City Manager to execute certificates and any other related documents to consummate the acceptance of naming and renaming the subject streets, in a form approved by the City Attorney; and
3. Authorize the renaming of the Montebello Golf Course to Bella Verde Resort at Montebello as part of Resolution No. 23-71; and
4. Take such additional, related, action that may be desirable
21. PAYMENT OF BILLS: ADOPT RESOLUTION NO. 23-68 APPROVING THE CITY WARRANT REGISTER OF DEMANDS DATED SEPTEMBER 27, 2023.
RECOMMENDATION: It is recommended that the City Council:
1. Adopt Resolution No. 23-63 approving the Warrant Register dated September 27, 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).
COUNCIL/AGENCY ORALS
Announcements and requests for future agenda items.
• Georgina Tamayo, Councilmember
• Scarlet Peralta, Mayor Pro Tem
• Angie M. Jimenez, Councilmember
• Salvador Melendez, Councilmember
• David N. Torres, Mayor
CLOSED SESSION - CONTINUED
ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on October 11, 2023, at 6:00 p.m. which can be live streamed at https://www.montebelloca.gov (Click on Live Stream).
I, Kimberly Guillen, Senior Deputy City Clerk for the City of Montebello hereby certify that a copy of this agenda has been posted on or before Sunday, September 24, 2023, no later than 6:00 p.m.
Kimberly Guillen, Senior Deputy City Clerk
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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