CITY OF MONTEBELLO
REGULAR MEETING
MINUTES
WEDNESDAY, MARCH 13, 2024 AT 6:00 PM
TELECONFERENCE LOCATION FOR
MAYOR PRO TEM MELENDEZ
HILTON GARDEN INN DC
DOWNTOWN - FRONT LOBBY
815 14TH STREET NORTHWEST
WASHINGTON, DC 20005
CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD
MONTEBELLO, CALIFORNIA
OPENING CEREMONIES
CALL TO ORDER - 6:00 P.M.
Mayor Peralta called the meeting to order at 6:00 p.m.
ROLL CALL
Members present were Mayor Peralta, Councilmember Torres, and Councilmember Tamayo. Mayor Pro Tem Melendez participated in the Closed Session and was absent from the Regular Session of the Meeting. Councilmember Jimenez arrived at 6:07 p.m.
City Clerk Jimenez and Treasurer Matanga were also present.
City Attorney Arnold Alvarez-Glasman, City Manager Raul Alvarez, Assistant City Manager Arlene Salazar, Senior Deputy City Clerk Kimberly Guillen, Deputy City Clerk Nelly Ochoa, Police Chief Paul Espinosa, Acting Director of Transportation John Soria, and Department Directors Michael Solorza, Joseph Palombi, David Sosnowski were present.
ANNOUNCEMENT OF CLOSED SESSION ITEMS
City Attorney Alvarez announced the Closed Session Items. He further stated that Item No. 1 would not be discussed.
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.
None.
March 13, 2024: 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 Peralta recessed the meeting into Closed Session at 6:01 p.m. to consider the following Closed Session item:
1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(d)(4)
Initiation of litigation in one case
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(d)(2)
Significant exposure to litigation in one case
REGULAR SESSION - IMMEDIATELY FOLLOWING CLOSED SESSION
CLOSED SESSION REPORT
Mayor Peralta reconvened the meeting at 7:07 p.m.
Councilmember Tamayo, Councilmember Torres, and Mayor Peralta joined the Closed Session in person, and Mayor Pro Tem Melendez joined through Zoom. City Attorney Alvarez-Glasman provided the following report to City Council: Item No. 1 was not discussed. Item No. 2 City Council received a briefing of the item. It was decided that due to the recent conduct of Councilmember Jimenez, a matter has been referred to a City Special Counsel, Myrna Castañón, to commence an investigation related to her conduct vis-à-vis a member of the City Management Team. During this period, Councilmember Jimenez is directed to cease and desist from engaging in direct interaction with the City Manager and the City's Administrative Staff. For the protection of the City's Directors and City Staff, Councilmember Jimenez shall have access to City Hall and City Facilities only during working hours and only to engage with Directors with a prior appointment. In addition, all emails to the City Manager must be copied to the City Attorney. The point of contact for establishing meetings and other contacts within City Hall will be sent to Richie Moran, Senior Administrative Assistant. A protocol will be established to set regular meetings with the City Manager at regular meeting times in advance, which the City Manager and City Attorney will be present. Those meetings will be scheduled on a virtual platform and recorded.
Councilmember Jimenez is to be removed from all outside committees and assignments. Lastly, she is directed to be cognizant of the content posted on social media, sites, and platforms to avoid further harassing or hostile comments. Those restrictions are imposed on March 13, pending the investigation. The City Attorney's Office will also prepare a Notice to Councilmember Jimenez and work with special counsel to distribute said conditions.
INVOCATION
Led by City Clerk Jimenez.
PLEDGE OF ALLEGIANCE
Led by City Treasurer Matanga.
CORRECTIONS TO THE AGENDA - CITY MANAGER
City Attorney Alvarez-Glasman announced that Item No. 7 would be moved to a future meeting.
CEREMONIAL ITEMS/PRESENTATIONS
3. CITIZEN OF THE MONTH - FRANCEIS GARCIA CRUZ
Mayor Peralta presented the item.
4. YMCA YOUTH AND GOVERNMENT DELEGATION
Mayor Peralta invited the YMCA Youth and Government Delegation for a presentation.
5. WOMEN'S HISTORY MONTH
Mayor Peralta presented the item.
March 13, 2024: City Council Meeting Minutes Page 3 of 8
6. NATIONAL DEVELOPMENT DISABILITIES MONTH
Mayor Peralta presented the item.
7. PRESENTATION BY LIEBERT CASSIDY WHITMORE RELATED TO HUMAN RESOURCE PROTOCOLS This item was moved to a future meeting.
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 twelve (12) 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.
Councilmember Jimenez left the meeting at 8:14 p.m.
STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST
None.
PUBLIC HEARING
8. FIRST READING AND INTRODUCTION OF ORDINANCE NO. 2475 AMENDING CHAPTER 17.37 “HEAVY TRUCKING USES” AND CHAPTER 17.49 “BROWNFIELD OVERLAY DISTRICT” OF THE MONTEBELLO
MUNICIPAL CODE TO CLARIFY, SIMPLIFY AND SPECIFY THE CONDITIONS AND REQUIREMENTS FOR
ZONING COMPLIANCE OF HEAVY TRUCKING OPERATORS IN THE CITY OF MONTEBELLO AND IN THE
BROWNFIELD OVERLAY DISTRICT
RECOMMENDATION: It is recommended that the City Council:
1. Conduct a First Reading and Introduction of Ordinance No. 2475 (Attachment “A”) amending Chapter
17.37 “Heavy Trucking Uses” and Chapter 17.49 “Brownfield Overlay District” of the Montebello Municipal Code to clarify, simplify and specify the conditions and requirements for zoning compliance of heavy trucking operators in the City of Montebello and in the Brownfield Overlay District specifically and finding that the code amendment is statutorily exempt under CEQA section 15301 (existing facilities) and 15061(B)(3) (common sense exemption); and
2. Take such additional, related action that may be desirable.
Director of Planning and Community Development Joseph Palombi presented the item.
Mayor Peralta opened the Public Hearing at 8:15 p.m.
There were four (4) speakers who spoke in support of the item.
Mayor Peralta closed the Public Hearing at 8:21 p.m.
Councilmember Torres commended the City Council for addressing the issue and rescinding the abatement letter the businesses received in 2023. He assured members of the public who were concerned about the toxic environments that March 13, 2024: City Council Meeting Minutes Page 4 of 8
the county would conduct quarterly audits of the area. He further thanked the City Staff and City Attorney for clarifying provisions in the local Ordinance.
Mayor Peralta also thanked the City Staff for investigating the complex issue, ensuring the preservation of jobs and businesses, and ensuring the area's environmental compliance.
City Manager Alvarez commended Director Palombi and staff for preparing the Ordinance and directly engaging with the community to resolve the concerns. Additionally, for successfully receiving a $600,000 technical grant from the U.S.
Environmental Protection Agency.
Councilmember Torres motioned, seconded by Counclilmember Tamayo, to approve the item; the motion passed by the following vote:
MOVED: Torres SECONDED: Tamayo APPROVED: 3-0-0-2
AYES: Tamayo, Peralta, Torres
NOES: None
ABSTAIN: None
ABSENT: Jimenez, Melendez
REGULAR BUSINESS
9. REVIEW AND DISCUSS CITY COUNCIL AND SUCCESSOR AGENCY MEETING RULES OF CONDUCT
RECOMMENDATION: It is recommended that the City Council:
1. Review and discuss the City Council and Successor Agency meeting rules of conduct;
2. Provide direction to staff and City Attorney’s office regarding whether any updates or changes to the current rules of conduct are desired; and
3. Take other action as directed by the City Council.
Item No. 9. was tabled to a future meeting.
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 motioned, seconded by Councilmember Torres, that Item No’s. 10-17, be approved; the motion passed by the following vote:
MOVED: Tamayo SECONDED: Torres APPROVED: 3-0-0-2
AYES: Tamayo, Peralta, Torres
NOES: None
ABSTAIN: None
ABSENT: Jimenez, Melendez
10. ADOPT RESOLUTION NO. 24-13 TO AUTHORIZE SUBMISSION OF AN APPLICATION FOR FISCAL YEAR 2024-25 TO THE METRO BUS OPERATIONS SUBCOMMITTEE FOR FEDERAL TRANSIT ADMINISTRATION SECTION 5307 - 15% DISCRETIONARY CAPITAL FUNDS AND 1% ASSOCIATED TRANSIT IMPROVEMENT FUNDS
RECOMMENDATION: It is recommended that the City Council:
March 13, 2024: City Council Meeting Minutes Page 5 of 8
1. Adopt Resolution No. 24-13 to authorize submission of an application for Fiscal Year 2024-25 to the Metro Bus Operations Subcommittee for Federal Transit Administration Section 5307 - 15% Discretionary Capital Funds and 1% Associated Transit Improvement Funds; and
2. Take such additional, related action that may be desirable.
Councilmember Tamayo motioned, seconded by Councilmember Torres, to approve the item; the motion passed by the following vote:
MOVED: Tamayo SECONDED: Torres APPROVED: 3-0-0-2
AYES: Tamayo, Peralta, Torres
NOES: None
ABSTAIN: None
ABSENT: Jimenez, Melendez
11. ADOPT RESOLUTION NO. 24-12 AUTHORIZING SUBMITTAL OF AN APPLICATIONS TO THE FEDERAL
TRANSIT ADMINISTRATION 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. 24-12 authorizing the City of Montebello to submit applications to the Federal Transit Administration (FTA) to receive funding for two (2) grant programs: (i) the Low or No Emission Grant Program (“Low-No Program”) in the amount of $10,500,000; and (ii) the Grants for Buses and Bus Facilities Program (“Bus and Bus Facilities Program”) in the amount of $10,500,000 (collectively, hereinafter the “Grants”); and
2. Take such additional, related action that may be desirable.
Councilmember Tamayo motioned, seconded by Councilmember Torres, to approve the item; the motion passed by the following vote:
MOVED: Tamayo SECONDED: Torres APPROVED: 3-0-0-2
AYES: Tamayo, Peralta, Torres
NOES: None
ABSTAIN: None
ABSENT: Jimenez, Melendez
12. APPROVE EXTENSION OF EXISTING RECRUITMENT INCENTIVES FOR QUALIFIED POLICE OFFICERS
AND POLICE DISPATCHERS
RECOMMENDATION: It is recommended that the City Council:
1. Approve extension of the existing recruitment incentives program for qualified Police Officers and Police Dispatchers and referral bonuses to current employees; and
2. Take such additional, related action that may be desirable.
Councilmember Tamayo motioned, seconded by Councilmember Torres, to approve the item; the motion passed by the following vote:
MOVED: Tamayo SECONDED: Torres APPROVED: 3-0-0-2
AYES: Tamayo, Peralta, Torres
NOES: None
ABSTAIN: None
ABSENT: Jimenez, Melendez
March 13, 2024: City Council Meeting Minutes Page 6 of 8
13. APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. 3972 WITH SEBASTION WATERWORKS (DBA MR.
ROOTER) AND INCREASE THE ANNUAL NOT-TO-EXCEED AMOUNT
RECOMMENDATION: It is recommended that the City Council:
1. Approve Amendment No. 1 to Agreement No. 3972 between the City of Montebello and Sebastion Waterworks Inc., dba Mr. Rooter Plumbing to increase the not-to-exceed amount from $45,000 to $95,000; and,
2. Authorize payment for emergency cleanup of debris from catch basins at the municipal golf course by a four-fifths vote of the City Council to Mr. Rooter Plumbing for a not-to-exceed amount of $28,425; and
3. Take such additional, related action that may be desirable.
Councilmember Tamayo motioned, seconded by Councilmember Torres, to approve the item; the motion passed by the following vote:
MOVED: Tamayo SECONDED: Torres APPROVED: 3-0-0-2
AYES: Tamayo, Peralta, Torres
NOES: None
ABSTAIN: None
ABSENT: Jimenez, Melendez
14. APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. 3878 WITH SHOCKWAVE ELECTRIC FOR A ONE-
YEAR TERM EXTENSION AND INCREASE OF ANNUAL NOT-TO-EXCEED AMOUNT
RECOMMENDATION: It is recommended that the City Council:
1. Approve Amendment No. 1 to Agreement 3878 between the City of Montebello and Shockwave Electric for a One (1) Year Term Extension and increase the not-to-exceed amount from $45,000 to $85,000; and
2. Authorize the City Manager to execute the Amendment on behalf of the City; and
3. Approve by a four-fifths vote of the City Council the emergency repairs to sports field lights at Chet Holifield Park per Municipal Code Section 3.20 – Purchase System, Section 3.20.050 - Conformance with bidding procedures, subsection D; and
4. Amend the Fiscal Year 2023-24 budget by increasing appropriations by $40,000 in Account No. 100-30- 720-6040.10 (General Fund, Public Works, Park Maintenance, Contract Services Outside Contracts); and
5. Take such additional, related action that may be desirable.
Councilmember Tamayo motioned, seconded by Councilmember Torres, to approve the item; the motion passed by the following vote:
MOVED: Tamayo SECONDED: Torres APPROVED: 3-0-0-2
AYES: Tamayo, Peralta, Torres
NOES: None
ABSTAIN: None
ABSENT: Jimenez, Melendez
15. APPROVE AGREEMENT NO. 4168 WITH FLO-SERVICES, INC. FOR EMERGENCY REPAIRS OF THE
SEWER LIFT STATION AT NATASHA LANE
RECOMMENDATION: It is recommended that the City Council:
1. Approve by a four-fifths vote of the City Council Agreement No. 4168 with Flo-Services for emergency repairs at the Natasha Lane sewer lift station for a not-to-exceed amount of $60,000 under the authority of Municipal Code Section 3.20.050(D) - Conformance with bidding procedures; and
2. Approve the Emergency Repair and Maintenance Services to the Sewage Lift Station located at Natasha Lane per Municipal Code Section 3.20.050(D) - Conformance with bidding procedures; and March 13, 2024: City Council Meeting Minutes Page 7 of 8
3. Amend the Fiscal Year 2023-24 budget by increasing appropriations by $60,000 in Account No. 265-99- 330-6040.45 (Grant, Engineering, Sewer Maintenance); and
4. Take such additional, related action that may be desirable.
Councilmember Tamayo motioned, seconded by Councilmember Torres, to approve the item; the motion passed by the following vote:
MOVED: Tamayo SECONDED: Torres APPROVED: 3-0-0-2
AYES: Tamayo, Peralta, Torres
NOES: None
ABSTAIN: None
ABSENT: Jimenez, Melendez
16. APPROVAL OF MINUTES: FEBRUARY 14, 2024, CITY COUNCIL MEETING; FEBRUARY 28, 2024, CITY
COUNCIL MEETING
RECOMMENDATION: It is recommended that the City Council:
1. Approve said Minutes as is.
Councilmember Tamayo motioned, seconded by Councilmember Torres, to approve the item; the motion passed by the following vote:
MOVED: Tamayo SECONDED: Torres APPROVED: 3-0-0-2
AYES: Tamayo, Peralta, Torres
NOES: None
ABSTAIN: None
ABSENT: Jimenez, Melendez
17. PAYMENT OF BILLS: ADOPT RESOLUTION NO. 24-14 APPROVING THE CITY WARRANT REGISTER OF DEMANDS DATED MARCH 13, 2024
RECOMMENDATION: It is recommended that the City Council:
1. Adopt Resolution No. 24-14 approving the Warrant Register dated March 13, 2024.
Councilmember Tamayo motioned, seconded by Councilmember Torres, to approve the item; the motion passed by the following vote:
MOVED: Tamayo SECONDED: Torres APPROVED: 3-0-0-2
AYES: Tamayo, Peralta, Torres
NOES: None
ABSTAIN: None
ABSENT: Jimenez, Melendez
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.
March 13, 2024: City Council Meeting Minutes Page 8 of 8
• Angie M. Jimenez, Councilmember
• Georgina Tamayo, Councilmember
• David N. Torres, Councilmember
• Salvador Melendez, Mayor Pro Tem
• Scarlet Peralta, Mayor
CLOSED SESSION - CONTINUED
ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on March 27, 2024, 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, March 10, 2024, no later than 6:00 p.m.
Kimberly Guillen, Senior Deputy City Clerk
Mayor Peralta wished Director of Recreation and Community Services David Sosnowski a Happy Birthday.
Councilmember Torres wished his sister, Julia, a Happy Birthday.
Mayor Peralta adjourned the in memory of Didier Reyer Hinow. Councilmember Torres motioned, seconded by Councilmember Tamayo, to adjourn the meeting at 8:31 p.m.
THE MINUTES OF MARCH 13, 2024, ARE HEREBY APPROVED AND ADOPTED ON THIS 27TH DAY OF MARCH 2024.
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