CITY OF MONTEBELLO
REGULAR MEETING
MINUTES
WEDNESDAY, AUGUST 14, 2024 AT 6:00 PM
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, Mayor Pro Tem Melendez, Councilmember Torres, and Councilmember Tamayo.
City Clerk Jimenez and Treasurer Matanga were also present.
Councilmember Jimenez arrived at 6:01 p.m.
City Attorney Arnold Alvarez-Glasman, City Manager Raul Alvarez, Senior Deputy City Clerk Kimberly Guillen, Deputy City Clerk Nelly Ochoa, and Department Directors Michael Solorza, Cesar Roldan, Joseph Palombi, David Sosnowski, Police Chief Paul Espinosa, and Fire Chief Fernando Pelaez.
ANNOUNCEMENT OF CLOSED SESSION ITEMS
City Attorney Alvarez-Glasman announced the 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.
None.
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 items:
August 14, 2024: City Council Meeting Minutes Page 2 of 12
1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(d)(2)
BKK Class I Landfill Cost Recovery Efforts (one matter)
2. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Government Code Section 54956.8
Property: 602, 604, 608 and 610 Whittier Boulevard, Montebello, California Agency negotiators: Raul Alvarez, Joseph Palombi
Negotiating party: Weber Properties
Under negotiation: Price and terms of sale
3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
NASA Services v. City of Montebello
Los Angeles Superior Court Case No. 21 STCP01969
4. INSURANCE LIABILITY CLAIM
Government Code Section 54956.95
Claimant: Arlene Salazar
Agency claimed against: City of Montebello
5. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(d)(2)
Significant exposure to litigation in one case
6. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
J. Carrera v. City of Montebello
Los Angeles Superior Court Case No. 21 STCV 24612
7. CONFERENCE WITH THE CITY COUNCIL RELATED TO AN AUDIT BY CALIFORNIA STATE AUDITOR’S OFFICE
Government Code Section 54956.75
REGULAR SESSION - IMMEDIATELY FOLLOWING CLOSED SESSION
CLOSED SESSION REPORT
Mayor Peralta reconvened the meeting at 7:03 p.m.
All five members were present to discuss all Closed Session items. City Attorney Alvarez-Glasman provided the following report to City Council: Item No. 1, a briefing was provided to City Council, direction was provided, no action final was taken, and nothing to further to report; Item No. 2, was not discussed and will be held over to a future meeting.
Item No. 3, a briefing was provided to the City Council, no action was taken, and nothing further to report. Item No. 4, a briefing was provided to the City Council, no action was taken, and nothing further to report. Item No. 5, a briefing was provided to the City Council, no action was taken, and nothing further to report. Item No. 6, a briefing was provided to the August 14, 2024: City Council Meeting Minutes Page 3 of 12
City Council, direction was provided to the City Manager and City Attorney's Office to have an independent review of the proposed settlement of that case, no action was taken, and nothing further to report; Item No. 7, was not discussed and will be held over to a future meeting.
INVOCATION
Led by City Clerk Jimenez.
PLEDGE OF ALLEGIANCE
Led by Robert Vasquez from the American Legion Post 262.
CORRECTIONS TO THE AGENDA - CITY MANAGER
Mayor Peralta added a presentation to honor Purple Heart Month.
CEREMONIAL ITEMS/PRESENTATIONS
8. CITIZEN OF THE MONTH - YVETTE FIMBRES
Presented by Mayor Peralta.
9. ASHIYA JAPAN STUDENTS
President of the Montebello Ashiya Sister City Association, Emma Delgado, presented Ashiya Japan Students Nao Hashimoto and Tomohiro Sibabuki.
10. ADVENTIST HEALTH WHITE MEMORIAL PRESENTATION
Adventist Health White Memorial President Juan De La Cruz and Operations Executive Mara Bryant presented Adventist Health White Memorial's current capabilities, operations, expansion plans, and plans to obtain specialty certifications.
The Council thanked Adventist Health White Memorial for the information and expressed their appreciation for the partnership.
11. PROCLAMATION FOR NATIONAL WELLNESS MONTH
Presented by Mayor Peralta.
12. TREASURER'S MONTHLY UPDATE
Presented by City Treasurer Matanga.
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) 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
The Fire Department shared a video showcasing the Jr. Fire Camp Academy.
PUBLIC HEARING
August 14, 2024: City Council Meeting Minutes Page 4 of 12
13. APPEAL OF A PLANNING COMMISSION DECISION OF DENIAL OF SITE PLAN REVIEW AND ZONE
VARIANCE REQUESTS FOR REDUCED LOT SIZE, REDUCTION IN FRONT YARD SETBACK, AND LOT
COVERAGE, AS WELL AS THE DENIAL OF A RECOMMENDATION OF APPROVAL TO THE CITY COUNCIL REGARDING VESTING TENTATIVE TRACT MAP (“VTTM”) NO. 084478 TO SUBDIVIDE ONE LEGAL LOT RESULTING IN THE CREATION OF 16 LEGAL LOTS TO ACCOMMODATE 15 SINGLE-FAMILY DWELLING UNITS INCLUDING A COMMON PARCEL FOR STREETS, UTILITIES, AND A PRIVATE PARK (CASE NO.
PC-2024-0002-SPR/ZV/TTM) FOR THE PROPERTY LOCATED AT 301 JACMAR DRIVE.
RECOMMENDATION: It is recommended that the City Council:
1. Conduct a Public Hearing to consider all matters presented at the public hearing, uphold the Planning Commission denial of PC-2024-0002/SPR/ZV/TTM, and direct staff to bring back a City Council Resolution containing findings supporting the Planning Commissions denial of PC-2024-0002- SPR/ZV/TTM; or
2. Conduct a public hearing to consider all matters presented at the public hearing, adopt a resolution overturning the Planning Commission decision to deny PC-2024-0002-SPR/ZV/TTM and approving PC- 2024-0002-SPR/ZV/TTM, which would become effective after City Council’s findings are referred to the Planning Commission and the Planning Commission provides a further report on the matter per Montebello Municipal Code 17.78.130 “Council decisions contrary to planning commission action;” and
3. Take such additional, related action that may be desirable.
Councilmember Tamayo recused herself from the discussion due to a conflict of interest related to the nearby property.
City Manager Alvarez informed the City Council that the City received a Request for Abeyance to continue the Public Hearing Item to another date as requested by the applicant.
City Attorney Alvarez-Glasman informed the City Council that they have the discretion to either allow the applicant to speak and open the Public Hearing or to postpone the item to a future meeting as requested by the applicant.
Mayor Peralta asked the City Attorney if the Council could vote to postpone the item to a future meeting but allow the speakers in attendance to provide a comment.
City Attorney Alvarez-Glasman informed the City Council that they can open the public hearing but are not permitted to address comments.
Councilmember Jimenez motioned to open the Public Hearing and discuss the item, seconded by Mayor Pro Tem Melendez. The motion was approved by the following vote:
MOVED: Jimenez SECONDED: Melendez APPROVED: 2-1-1-0
AYES: Jimenez, Melendez
NOES: Torres
ABSTAIN: Peralta
ABSENT: None
Mayor Peralta opened the Public Hearing at 9:04 p.m.
Max Masuda-Farkas, the applicant's attorney, reiterated the following statements from the appeal letter: They believe the applicant was denied a fair hearing when it didn't offer the applicant an opportunity to rebut external evidence, which the Planning Commission which Commission relied upon in reaching its decision. The external evidence was submitted outside of the hearing without providing a hearing notice or an opportunity to rebut said evidence. In reaching its decision to deny the project, the Commission relied on a petition that was submitted by a member of the public at 4:00 p.m. on the same day as the Commission's Meeting. Given that the petition was submitted mere hours before the meeting, neither the Commission nor the Staff verified the signatures appearing on the petition were verified. Nevertheless, Commissioners referred to the petition at several moments in their findings as evidence of the community's alleged opposition to the Project. Although the petition thus represented bedrock evidence upon which the Commission relied to deny the project application, the Commission never provided the Applicant the opportunity to rebut the petition. He further noted that the applicant, Mr. Mollinari, could not be present due to health circumstances.
August 14, 2024: City Council Meeting Minutes Page 5 of 12
The City Clerk’s Office acknowledged fourteen (14) members of the public wishing to address the City Council. One (1) speaker spoke in support, and thirteen (13) speakers spoke in opposition. Speakers were provided three minutes to address the City Council, and speaker cards are on file at the City Clerk’s office.
Mr. Masuda-Farkas reiterated the applicant's request for the continuance of the hearing to allow the applicant to respond to the resident's concerns. Due to the applicant's health issues, he will not be able to address said concerns however he would respond to the concerns as best. The concerns raised by the residents, included public outreach, special treatment, and parking.
In response to the concern about public outreach, Mr. Masuda-Farkas reminded the Council of the multiple project proposals for the same property. On September 21, 2020, a prior applicant submitted an entitlement application for a residential development project consisting of 31 three-story condominium units. In January 2022, representatives from the owner commenced the process of engaging a new applicant for the development of 25 two-story condominium units. The reduced density of the Second Project was developed in direct response to feedback received from the City and community addressing the First Project. Representatives of the Owner engaged radius maps and list consultants to assist with identifying property owners within a 300-foot radius to notify them of the Second Project. One voluntary community meeting was held to collect additional feedback from the community on the Second Project. Despite the extensive community outreach effort and efforts to incorporate community feedback on the First project with respect to density, the developer opted not to proceed with the Second Project.
Mr. Masuda-Farkas further stated that after significant time and expense incurred to advance the First and Second Projects, the current Project was submitted on January 22, 2024. The Project contemplates a modest density of 15 single- family homes, representing a steep reduction from the 31 three story condominium units of the First Project and the 25 two-story condominium units of the Second Project. Furthermore, in its own right, the current Project not only complied with all statutory notice requirements but exceeded those requirements through a coordinated community outreach effort.
As previously communicated to staff and the Commission, the applicant engaged a community outreach consultant who traveled door-to-door to 116 homes within the property's 300' radius and to additional homes beyond that radius to solicit feedback on the Project. Brochures detailing project information were left at each of the homes, and whether or not residents were present to answer.
When combined with the First and Second Projects, the current Project is thus the culmination of more than four years of robust engagement with the City, neighbors, and the Montebello community to develop a project that advances the owner's reasonable property interests while incorporating community preferences as to design and density. In light of the tremendous time and expense undertaken to submit the current Project, further modifications or alternatives to the Project would be infeasible and unreasonable. Accordingly, we ask that the Commission approve of the Project as proposed.
As to density, the project is well below the contemplated density in the new general plan.
In response to parking concerns, Mr. Masuda-Farkas stated that the applicant previously submitted to staff and the Planning Commission several HOA Provisions that they were proposing to mitigate, understand, and address the issues that were raised concerning parking and traffic. Mr. Masuda-Farkas provided examples of HOA Provisions that would address concerns regarding parking.
In response to special treatment claims, Mr. Masuda-Farkas stated that the applicant desires to receive the same treatment that has been granted to nearby projects. Mr. Masuda-Farkas concluded his statement by reiterating the benefits of the project. Those benefits include greater housing choice, abundant open space, and a design that sensitively reflects the surrounding community.
Mayor Peralta closed the Public Hearing at 9:52 p.m.
Councilmember Torres inquired about the homes and whether they were affordable housing. Mr. Masuda-Farkas stated that they were at market rate.
City Attorney Alvarez-Glasman and Director Palombi provided clarification on the procedural steps.
Councilmember Torres further informed the community of the options available to the City Council if the lot sizes were reduced or the density was adjusted.
Mayor Pro Tem Melendez stated that the applicant should be given an opportunity to do more extensive community August 14, 2024: City Council Meeting Minutes Page 6 of 12
outreach.
Councilmember Jimenez stated that she would like to uphold the decision of the Planning Commission as Mr. Molinari has had the opportunity to provide community outreach.
Mayor Peralta stated that she was considering everyone's comments and the potential legal implications of the City Council’s decision.
Mayor Pro Tem Melendez motioned to continue the item, and grant the extension of 45 days to allow the applicant to complete a thorough community outreach, seconded by Councilmember Torres, the motion passed by the following vote:
MOVED: Melendez SECONDED: Torres APPROVED: 3-1-0-1
AYES: Melendez, Peralta, Torres
NOES: Jimenez
ABSTAIN: None
ABSENT: Tamayo
REGULAR BUSINESS
14. ADOPT PLANS, SPECIFICATIONS AND ENGINEER'S ESTIMATE FOR THE SENIOR CENTER RENOVATION PROJECT (CP 925) AND AUTHORIZATION TO PROCEED WITH BID ADVERTISEMENT
RECOMMENDATION: It is recommended that the City Council:
1. Approve Environmental Assessment pursuant to 14 California Code of Regulations § 15301 as a Class 1 categorical exemption under the California Environmental Quality Act (CEQA); and,
2. Approve Level of Environmental Review Determination via the National Environmental Policy Act (NEPA):
Categorically Excluded per 24 CFR 58.35(a), and subject to laws and authorities at §58.5: (3) Rehabilitation of buildings and improvements when the following conditions are met: (iii) In the case of non-residential structures, including commercial, industrial, and public buildings: (A) The facilities and improvements are in place and will not be changed in size or capacity by more than 20 percent: and (B) The activity does not involve a change in land use, such as from nonresidential to residential, commercial to industrial or from one industrial use to another; and,
3. Adopt the 100% completed plans, specifications and engineer’s estimate for the Construction of the Senior Center Renovation Project at 115 S. Taylor Avenue Improvements Capital Project 925; and
4. Authorize staff to proceed with bid advertisement for construction; and
5. Take such additional, related action that may be desirable.
Director of Recreation and Community Services David Sosnowski provided a brief overview of the project.
Mayor Pro Tem Melendez motioned, seconded by Councilmember Jimenez, to approve the item; 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.
Members of the public pulled the following Item Nos. for comment: 16, 19, 20.
Councilmember Torres pulled Item No. 24.
Councilmember Torres motioned, seconded by Councilmember Tamayo, to approve Item Nos. 15, 17, 18, 21-23, 25-27; the motion passed unanimously.
August 14, 2024: City Council Meeting Minutes Page 7 of 12
15. APPROVE LETTER OF ENGAGEMENT TO MASTER RETAINER AGREEMENT NO. 3919 WITH AIM
CONSULTING SERVICES FOR CONSTRUCTION MANAGEMENT/INSPECTION SERVICES FOR THE MONTEBELLO MUNICIPAL GOLF COURSE RENOVATION PROJECT PHASE 3 (CP NO. 894-3)
RECOMMENDATION: It is recommended that the City Council:
1. Approve Task Order No. 6.1 via an Engagement Letter under Master Retainer Agreement No. 3919 with AIM Consulting Services for Construction Management and Inspection Services for the Golf Course Renovation Project Phase 3 for a not-to-exceed-amount of $469,692; and,
2. Authorize the City Manager to execute the Letter of Engagement; and,
3. Take such additional, related action that may be desirable.
Councilmember Torres motioned, seconded by Councilmember Tamayo, to approve the item; the motion passed unanimously.
16. AWARD CONSTRUCTION CONTRACT FOR HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) CYCLE 7 VARIOUS INTERSECTION IMPROVEMENTS CAPITAL PROJECT 851 – FEDERAL PROJECT NO. HSIPL- 5247(024) TO ALFARO COMMUNICATIONS CONSTRUCTION, INC. AND REJECT ALL OTHER BIDS
RECOMMENDATION: It is recommended that the City Council:
1. Award construction contract (Attachment B) to Alfaro Communications Construction, Inc. for Highway Safety Improvement Program (HSIP) Cycle 7 Capital Project 851 – Federal Project No. HSIPL-5247(024) for the amount of $1,134,591; and,
2. Approve a 10% construction contingency of $113,459; and,
3. Reject all other bids and authorize the City Clerk’s Office to release bidders’ bonds; and,
4. Accept Crosstown Electrical & Data, Inc.’s bid withdrawal letter dated July 25, 2024 (Attachment A); and,
5. Authorize the City Manager to execute the agreement and any subsequent change orders; and,
6. Take such additional, related action that may be desirable.
The City Clerk’s Office acknowledged one(1) member of the public wishing to address the City Council. The speaker was provided three minutes to address the City Council and said speaker cards is on file at the City Clerk’s office.
Councilmember Torres motioned, seconded by Councilmember Tamayo, to approve the item; the motion was approved unanimously.
17. APPROVE AWARD OF PROFESSIONAL SERVICES AGREEMENT NO. 4219 TO G2 CONSTRUCTION, INC.
TO INSTALL FULL CAPTURE STORM DRAIN TRASH DEVICES ON CITY-OWNED CATCH BASINS
RECOMMENDATION: It is recommended that the City Council:
1. Approve by a four-fifths vote of the City Council the urgency fabrication and installation of Connector Pipe Screen (CPS) and Automatic Retractable Screen (ARS) units at thirteen locations per Municipal Code Section 3.20.050(D) - Conformance with bidding procedures (exceptions); and,
2. Award Professional Services Agreement No. 4219 to G2 Construction, Inc. to install thirteen catch basins with screen devices for stormwater quality protection for a not-to-exceed amount of $104,479; and,
3. Amend the Fiscal Year 2024-25 budget by increasing appropriations by $104,479 in the Measure W Fund, Account No.229-30-315-6040.55 (Measure W, Public Works, Stormwater, Water System Maintenance); and,
4. Authorize the City Manager to execute the Agreement on behalf of the City; and
5. Take such additional, related action that may be desirable.
Councilmember Torres motioned, seconded by Councilmember Tamayo, to approve the item; the motion passed unanimously.
18. APPROVE LETTER OF ENGAGEMENT TO MASTER RETAINER AGREEMENT NO. 3922 WITH PSOMAS CONSULTING SERVICES FOR HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) CYCLE 7 – FEDERAL PROJECT NO. HSIPL-5247(024)
RECOMMENDATION: It is recommended that the City Council:
August 14, 2024: City Council Meeting Minutes Page 8 of 12
1. Approve a Letter of Engagement to Master Retainer Agreement No. 3922 between the City of Montebello and PSOMAS Consulting Services for Construction Management and Inspection Services for Highway Safety Improvement Program (HSIP) Cycle 7 (CP 851) – Federal Project No. HSIPL-5247(024) for a not- to-exceed amount of $360,051; and,
2. Authorize the City Manager to execute the Letter of Engagement on behalf of the City; and
3. Take such additional, related action that may be desirable.
Councilmember Torres motioned, seconded by Councilmember Tamayo, to approve the item; the motion passed unanimously.
19. REJECT BIDS RECEIVED FOR CONSTRUCTION OF A DOG PARK AT ACUÑA PARK (CP 922) IN ACCORDANCE WITH PUBLIC CONTRACT CODE SECTION 22038(A)(1) AND AUTHORIZE STAFF TO
PROCEED WITH READVERTIZING AND REBIDDING THE PROJECT
RECOMMENDATION: It is recommended that the City Council:
1. Reject bids received for construction of a dog park at Acuña Park (CP 922) in accordance with Public Contract Code Section 22038(a)(1); and
2. Authorize staff to modify the project scope of work in conformance with all applicable engineering standards; and
3. Authorize staff to re-advertise the Notice Inviting Bid in accordance with Public Contract Code Section 22038(a)(1); and
4. Take such additional, related action that may be desirable.
The City Clerk’s Office acknowledged one(1) member of the public wishing to address the City Council. Speaker was provided three minutes to address the City Council and said speaker card is on file at the City Clerk’s office.
Mayor Pro Tem Melendez motioned, seconded by Councilmember Jimenez to approve the item; the motion passed unanimously.
20. ADOPT PLANS, SPECIFICATIONS AND ENGINEER'S ESTIMATE (PS&E) FOR CONSTRUCTION OF THE RIO HONDO RIVER ACCESS IMPROVEMENT PROJECT (CP 924) AND AUTHORIZE BID ADVERTISEMENT
RECOMMENDATION: It is recommended that the City Council:
1. Adopt the 100% completed plans, specifications and engineer’s estimate (PS&E) for the Construction of the Rio Hondo River Access Improvement Project - Capital Project 924; and,
2. Approve Environmental Assessment pursuant to 14 California Code of Regulations § 15301 as a Class 11 categorical exemption under the California Environmental Quality Act (CEQA); and,
3. Authorize staff to proceed with bid advertisement for construction; and,
4. Amend the Fiscal Year 2024-25 budget by increasing appropriations by $110,850 in Account No. 221- 70-742-6040.96 (Measure A, Parks and Recreation, Rio Hondo River Access Project, Engineering Design); and,
5. Take such additional, related action that may be desirable.
The City Clerk’s Office acknowledged one(1) member of the public wishing to address the City Council. Speaker was provided three minutes to address the City Council and said speaker card is on file at the City Clerk’s office.
Mayor Pro Tem Melendez motioned, seconded by Councilmember Jimenez to approve the item; the motion was approved unanimously.
21. APPROVE GRANT REA PARK PETTING ZOO LICENSE AGREEMENT
RECOMMENDATION: It is recommended that the City Council:
1. Approve a new Petting Zoo Operator License Agreement with WRW Inc. (“Licensee”); and
2. Authorize the City Manager to execute an agreement on behalf of the City; and
3. Take such additional, related action that may be desirable.
Councilmember Torres motioned, seconded by Councilmember Tamayo, to approve the item; the motion passed unanimously.
August 14, 2024: City Council Meeting Minutes Page 9 of 12
22. APPROVE ISSUING REQUEST FOR PROPOSALS (RFP) NO. 24-20 FOR POLICE AND GENERAL
VEHICLE UPFITTING
RECOMMENDATION: It is recommended that the City Council:
1. Authorize issuing Request for Proposals (RFP) No. 24-20 for Police and General Vehicle Upfitting; and,
2. Take such additional, and related, action that may be desirable.
Councilmember Torres motioned, seconded by Councilmember Tamayo, to approve the item; the motion passed unanimously.
23. WAIVE THE SECOND READING AND ADOPTION OF ORDINANCE NO. 2478 AMENDING CHAPTER 10.68
OF THE CITY OF MONTEBELLO MUNICIPAL CODE REGARDING OVERSIZED VEHICLE PARKING
RECOMMENDATION: It is recommended that the City Council:
1. Waive Second Reading and Adopt Ordinance No. 2478 amending Montebello Municipal Code (“MMC”) Chapter 10.68 to establish new regulations regarding oversized vehicle parking including containers and unattached trailers Citywide; and
2. Determine and find that this action is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Section 15061(b)(3), the commonsense exemption; and
3. Take such additional, related, action that may be desirable.
Councilmember Torres motioned, seconded by Councilmember Tamayo, to approve the item; the motion passed unanimously.
24. RECEIVE AND FILE THE FISCAL YEAR 2022-23 ANNUAL COMPREHENSIVE FINANCIAL REPORT (ACFR)
RECOMMENDATION: It is recommended that the City Council:
1. Receive and file the Fiscal Year 2022-23 Annual Comprehensive Financial Report (ACFR); and
2. Take such additional, related action that may be desirable.
Councilmember Torres, motioned to approve the presentation and requested that a copy of the auditor's response to the presentation be provided for discussion during the Closed Session. There was no second motion.
City Manager Alvarez stated that there are no additional documents other than what has been provided in the Annual Comprehensive Financial Report.
Mayor Pro Tem Melendez motioned, seconded by Councilmember Jimenez, to approve the item as is; the motion was approved by the following vote:
MOVED: Melendez SECONDED: Jimenez APPROVED: 4-1-0-0
AYES: Jimenez, Melendez, Tamayo, Peralta
NOES: Torres
ABSTAIN: None
ABSENT: None
25. TREASURER'S REPORT FOR THE QUARTER ENDING JUNE 30, 2024
RECOMMENDATION: It is recommended that the City Council:
1. Receive and file the Quarterly Treasurer’s Report for the quarter ending June 30, 2024 (Fourth Quarter of Fiscal Year 2023-24); and,
2. Take such additional, related action that may be desirable.
Councilmember Torres motioned, seconded by Councilmember Tamayo, to approve the item; the motion passed unanimously.
August 14, 2024: City Council Meeting Minutes Page 10 of 12
26. APPROVAL OF MINUTES: JUNE 26, 2024, CITY COUNCIL MEETING; JULY 24, 2024, CITY COUNCIL
MEETING
RECOMMENDATION: It is recommended that the City Council:
1. Approve said Minutes as is.
Councilmember Torres motioned, seconded by Councilmember Tamayo, to approve the item; the motion passed unanimously.
27. PAYMENT OF BILLS: ADOPT RESOLUTION NO. 24-63 APPROVING THE CITY WARRANT REGISTER OF DEMANDS DATED AUGUST 14, 2024
RECOMMENDATION: It is recommended that the City Council:...
1. Adopt Resolution No. 24-63 approving the Warrant Register dated August 14, 2024.
Councilmember Torres motioned, seconded by Councilmember Tamayo, to approve the item; the motion passed 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).
Mayor Pro Tem Melendez attended the Contract Cities Board Retreat.
COUNCIL/AGENCY ORALS
Announcements and requests for future agenda items.
• David N. Torres, Councilmember
1. Request for council consensus to establish a Fireworks Ad Hoc committee to analyze current ordinances and recommend updates that will discourage illegal activity and improve community safety.
2. Request for staff update on establishing an ordinance to address vacant commercial properties.
3. Requesting council consensus directing staff to develop an ordinance requiring establishments accept cash as payment in Montebello.
4. Request for council consensus to designate, by ordinance, truck routes in the City of Montebello for the health of residential streets and enforcement against improper routes.
5. Request for council consensus to develop an ordinance for the preservation of historic architecture and other culturally significant features in Montebello.
6. Request for council consensus to calendar further discussions on a policy to guide council and commission procedures.
1. Consensus was received to establish a Fireworks Ad Hoc Committee.
2. City Manager Alvarez informed the Council that the Ordinance would be presented at a future Council Meeting.
3. Consensus was received to direct staff to develop an ordinance requiring establishments to accept cash as payment in Montebello.
4. Consensus was received to designate, by ordinance, truck routes in the City of Montebello for the health of residential streets and enforcement against improper routes.
5. Consensus was received to develop an ordinance for the preservation of historic architecture and other culturally significant features in Montebello.
6. Consensus was received to calendar further discussions on a policy to guide council and commission procedures. • Salvador Melendez, Mayor Pro Tem
August 14, 2024: City Council Meeting Minutes Page 11 of 12
• Angie M. Jimenez, Councilmember
• Georgina Tamayo, Councilmember
• Scarlet Peralta, Mayor
1. Request a study session to develop an Inclusionary Housing Ordinance.
2. Request consensus to create the Community Beautification Awards Initiative, recognizing residents who take pride in the appearance of their homes.
3. Launch Operation City Pride in partnership with Caltrans:
- Integrate the Caltrans Customer Service Request Portal and Support Services into the City App and platforms.
- Organize community cleanups in partnership with Caltrans.
1. Consensus was received to schedule a study session to develop an Inclusionary Housing Ordinance.
2. Consensus was received to create the Community Beautification Awards Initiative, recognizing residents who take pride in the appearance of their homes.
3. Mayor Peralta announced the new Operation City Pride in partnership with Caltrans.
CLOSED SESSION - CONTINUED
ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on August 28, 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, August 11, 2024, no later than 6:00 p.m.
Kimberly Guillen, Senior Deputy City Clerk
Mayor Pro Tem Melendez motioned, seconded by Mayor Peralta to adjourn the meeting at 10:47 p.m.
THE MINUTES OF AUGUST 14, 2024, ARE HEREBY APPROVED AND ADOPTED ON THIS 25TH DAY OF SEPTEMBER 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.
August 14, 2024: City Council Meeting Minutes Page 12 of 12
• CITY OF MONTEBELLO FORECASTED AGENDA
g. There is only one entrance in and out of the proposed project for all of the vehicles.
What happens if that entrance is blocked? How are the residents of the 15 homes going to get out?
The compactness and size of the proposed project of 15 houses is just not safe!
2. The project will have severe traffic, noise, air quality negative impacts on the neighborhood although the staff report does not indicate so. a. There is going to be a substantial increase in traffic. The applicant states that he did his own study and says there would be 7 trips in the morning hours. I do not know how he came up with that ludicrous number. Doing simple math, you come up closer to 30 trips if there are two parents working in each of the proposed 15 households. Even if one parent is working there would be 15 trips in the am which is more than double the applicant's number. There is going to be traffic congestion as there is only one entrance in and out of the project.
b. There is certainly going to be more noise than there is currently due to the 15 homes being built with 15 families going in. How do you not see that as an impact to the community as there is currently one home and it is unknown if it is even occupied as it is in disrepair according
to the staff report?
c. The staff report indicates that there are similar developments in the area, however the entrance to the project is from the north and there are only single family homes with larger lots. The residents to the north of the project are going to be the ones effected and not others to the south.
d. With two cars for each of the households there will be pollution in a concentrated area.
e. The applicant states that there is ample street parking, however in looking at the plans that is not the case as the homes and driveways take up much of the space. The residents are going to be parking onto the neighboring streets...there is no question about it.
If they have any types of gatherings there is not sufficient street parking in the project and outside of the project boundaries. The neighboring streets are already severely impacted by limited street parking. There simply isn't enough space for anymore cars.
3. The neighborhood does not want this project to proceed due to negative impacts it will have on the community.
The staff report indicating that it will not harm the community is simply false!
a. As evidenced by the signatures of 526 residents the neighborhood does not want this project to proceed. The applicant is not going to live in one of the units on site, so he will not have to endure the daily negative impacts it will bring. Simply, the project is too large for that compact of a site and it can not handle the additional parking and traffic it will bring.
4. The staff report indicates that the property is in disrepair.
The property is in disrepair due to the applicant's neglect and through no one else's fault.
Just because the property is in disrepair does not mean it should be rezoned and subdivided.
I believe the applicant purchased the home more than 25 years ago. At the time, he was well aware it was set up for a single family residence and I believe he and his family resided in the home for many many years.
There was never any problem with the size of the lot at the time he purchased and lived in the home. In reading some of the correspondence attached to the meeting agenda, it seems like this is just another reiteration of previous attempts to subdivide the land and build on it.
The project is not going to benefit the
neighborhood and community. There is only one person who is going to benefit from this and it is the applicant. There is only one reason behind this...the applicant's quest for financial profit. Perhaps, the applicant should rethink his plans, renovate the single family home and sell it to someone who will appreciate the land and make a tidy profit for himself?
In summary, the project is not a benefit to the community and neighborhood and I urge you to deny the applicant's appeal. The planning commission already denied the project and there is no reason you should approve it. The lot should remain zoned as a single family residential lot.
Thank you,
Lisa Infusino
resident of the 800 block of Spruce Street
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***