CITY OF MONTEBELLO
REGULAR MEETING
MINUTES
WEDNESDAY, JUNE 24, 2026 AT 7:00 PM
TELECONFERENCE LOCATION FOR
MAYOR PRO TEM ROMERO:
6131 WEST SEEGER COURT
VISALIA, CA 93277
CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD
MONTEBELLO, CALIFORNIA
OPENING CEREMONIES
CALL TO ORDER - 7:00 P.M.
Mayor Tamayo called the City Council Meeting to order at 7:02 p.m., in conjunction with the City Council and Public Financing Authority Joint Meeting.
ROLL CALL
Members present were Mayor Tamayo, Mayor Pro Tem Romero, Councilmember Peralta, and Councilmember Melendez.
City Clerk Jimenez was also present.
Councilmember Alonzo and City Treasurer Matanga were absent.
City Attorney Arnold Alvarez-Glasman, City Manager Raul Alvarez, Assistant City Manager Angelica Palmeros, Records Coordinator Alejandro Rodarte, and Department Directors Kimberly Guillen, Michael Solorza, Joseph Palombi, Ramon Figueroa, John Soria, David Sosnowski, Cesar Roldan, Fire Chief Pelaez, and Police Chief Lopez were present.
ANNOUNCEMENT OF CLOSED SESSION ITEMS
None.
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 - NONE
June 24, 2026: City Council Meeting Minutes Page 2 of 17
REGULAR SESSION - 7:00 P.M.
CLOSED SESSION REPORT - NONE
INVOCATION
Led by City Clerk Jimenez.
PLEDGE OF ALLEGIANCE
Led by Isabella Rosario Reinozo.
CORRECTIONS TO THE AGENDA - CITY MANAGER
None.
CEREMONIAL ITEMS/PRESENTATIONS
1. ADMINISTRATION OF OATH OF OFFICE - KALINA FIERRO, YOUTH AND EDUCATION COMMISSIONER City Clerk Jimenez administered the Oath of Office to Youth Commissioner Kalina Fierro.
2. SCHURR HIGH SCHOOL TRANSIT CLUB PRESENTATION AND SCHOLARSHIP AWARDS Schurr High School Students: Duong Lam, Daniel Bermudez, Zander Venegas, Jacob Padilla, and Mason Louie provided a presentation.
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 nine(9) members of the public wishing to address the City Council. Speakers were provided three minutes to address the City Council, and the speaker cards are on file at the City Clerk’s Office.
STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST
None.
PUBLIC HEARING
3. ADOPT RESOLUTION NO. 26-39 CONFIRMING THE FISCAL YEAR 2026–27 ENGINEER’S REPORT FOR THE ANNUAL NATASHA LANE LANDSCAPE ASSESSMENT DISTRICT NO. 2005-1 AND LEVYING SUCH
ASSESSMENTS
RECOMMENDATION: It is recommended that the City Council:
June 24, 2026: City Council Meeting Minutes Page 3 of 17
1. Conduct a Public Hearing and adopt Resolution No. 26-39 (Attachment A) confirming the Fiscal Year 2026-27 Engineer’s Report (Attachment B) for the Annual Natasha Lane Landscape Assessment District No. 2005-1; and
2. Authorize the Levying of the Fiscal Year 2026-27 Assessments; and
3. Take such additional, related action that may be desirable.
Mayor Tamayo requested to combine the Public Hearing for Item No. 3 and Item No. 4
Mayor Tamayo opened the Public Hearing at 7:12 p.m.
The City Clerk’s Office acknowledged three(3) members of the public wishing to address the City Council in opposition to the item. Speakers were provided three minutes to address the City Council, and the speaker cards are on file at the City Clerk’s office.
Mayor Tamayo closed the Public Hearing at 7:17 p.m.
City Manager Alvarez and City Attorney Alvarez stated that there are a total of twenty (20) parcels located within the District. The City Clerk’s Office reported receiving ten (10) ballots in opposition and one (1) ballot in support. Under California assessment laws, eleven (11) ballots in opposition would be required to constitute a majority protest. Based on the ballots received, a majority protest did not exist; therefore, the City Council had the authority to adopt the Resolution.
Councilmember Peralta motioned, seconded by Councilmember Melendez, to approve the item; the motion passed by the following vote.
MOVED: Peralta SECONDED: Melendez APPROVED: 4-0-0-1
AYES: Tamayo, Peralta, Romero, Melendez
NOES: None
ABSTAIN: None
ABSENT: Alonzo
4. ADOPT RESOLUTION NO. 26-40 CONFIRMING THE ENGINEER'S REPORT AND ASSESSMENT FOR THE NATASHA LANE SEWER AND STORM WATER PUMP STATION ASSESSMENT DISTRICT NO. 2005-2 AND
LEVYING ASSESSMENTS ON ASSESSABLE LOTS AND PARCELS OF LAND IN SAID DISTRICT FOR FISCAL YEAR 2026-2027
RECOMMENDATION: It is recommended that the City Council:
1. Conduct the public hearing for the Fiscal Year 2026-27 annual levy of assessments for the Natasha Lane Sewer and Storm Water Pump Station Assessment District No. 2005-2; and
2. Receive and tabulate all assessment ballots submitted pursuant to Article XIII D of the California Constitution (Proposition 218);
3. Determine whether a majority protest exists; and
4. If no majority protest exists, adopt Resolution No. 26-40 (Attachment A) confirming the Engineer's Report and levying assessments on assessable lots and parcels of land within the Natasha Lane Sewer and Storm Water Pump Station Assessment District No. 2005-2 for Fiscal Year 2026-27; or
5. If a majority protest exists, adopt Resolution No. 26-40 (Attachment B – Alternate Resolution) confirming the Engineer's Report and levying assessments on assessable lots and parcels of land within the Natasha Lane Sewer and Storm Water Pump Station Assessment District No. 2005-2 for Fiscal Year 2026-27 in the same amounts and in the same levels as approved and assessed for Fiscal Year 2025-26; and
6. Take such additional, related action that may be desirable.
Councilmember
Peralta motioned, seconded by Councilmember Melendez to approve the item; the motion passed by the following vote.
MOVED: Peralta SECONDED: Melendez APPROVED: 4-0-0-1
June 24, 2026: City Council Meeting Minutes Page 4 of 17
AYES: Tamayo, Peralta, Romero, Melendez
NOES: None
ABSTAIN: None
ABSENT: Alonzo
REGULAR BUSINESS
5. APPROVAL OF AN EXCLUSIVE NEGOTIATION AGREEMENT BETWEEN THE CITY OF MONTEBELLO
AND PRIMESTOR DEVELOPMENT, LLC FOR THE POTENTIAL REDEVELOPMENT OF DOWNTOWN
MONTEBELLO PROPERTIES
RECOMMENDATION: It is recommended that the City Council:
1. Approve the Exclusive Negotiation Agreement (“ENA”) between the City of Montebello and Primestor Development, LLC for the evaluation and potential redevelopment of Downtown Montebello properties; and
2. Authorize the City Manager, or designee, to execute the ENA and any non-substantive administrative modifications approved by the City Attorney; and
3. Take such additional, related, action that may be desirable.
The City
Clerk’s Office acknowledged two(2) 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 Peralta motioned, seconded by Councilmember Melendez, to approve the item; the motion passed by the following vote.
MOVED: Peralta SECONDED: Melendez APPROVED: 4-0-0-1
AYES: Tamayo, Peralta, Romero
, Melendez
NOES: None
ABSTAIN: Non
e
ABSENT: Alon
zo
6. APPROVE A RESOLUTION DECLARING THE CITY'S INTENTION TO ESTABLISH THE MONTEBELLO
ENHANCED INFRASTRUCTURE FINANCING DISTRICT (EIFD) TO SUPPORT PUBLIC INFRASTRUCTURE
AND ECONOMIC DEVELOPMENT INVESTMENTS
RECOMMENDATION: It is recommended that the City Council:
1. Adopt Resolution No. 26-46 declaring the City Council’s intention to establish the Montebello Enhanced Infrastructure Financing District (EIFD) pursuant to Government Code Section 53398.50 et seq.; and
2. Establish the proposed boundaries of the Montebello EIFD, as described in the Resolution and accompanying map; and
3. Designate the City Council as the Public Financing Authority (PFA) for purposes of governing the EIFD, consistent with applicable State law; and
4. Direct staff and the City’s consultants to prepare an Infrastructure Financing Plan (IFP) identifying eligible public infrastructure improvements, facilities, and financing mechanisms within the EIFD; and
5. Set a public hearing date and direct staff to provide all required notices and undertake all actions necessary to continue the EIFD formation process in accordance with State law; and
6. Authorize the City Manager, or designee, to take such additional actions and execute any documents necessary to implement the City Council’s direction regarding the establishment of the Montebello EIFD; and
7. Take such additional and/or related action that may be desirable.
June 24, 2026: City Council Meeting Minutes Page 5 of 17
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 the speaker cards are on file at the City Clerk’s Office.
Joe Dieguez of Kosmont and Associates presented the item.
Councilmember Peralta motioned, seconded by Councilmember Melendez, to approve the item; the motion passed by the following vote.
MOVED: Peralta SECONDED: Melendez APPROVED: 4-0-0-1
AYES: Tamayo, Peralta, Romero, Melendez
NOES: None
ABSTAIN: None
ABSENT: Alonzo
7. ADOPT RESOLUTION NO. 26-52 APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF MONTEBELLO AND THE MONTEBELLO POLICE MANAGEMENT ASSOCIATION
RECOMMENDATION: It is recommended that the City Council:
1. Adopt Resolution No. 26-52 approving a Memorandum of Understanding (MOU) between the City of Montebello and the Montebello Police Management Association (MPMA); and
2. Take such additional, related action that may be desirable.
Councilmember
Melendez motioned, seconded by Councilmember Peralta, to approve the item; the motion passed by the following vote.
MOVED: Peralta SECONDED: Melendez APPROVED: 4-0-0-1
AYES: Tamayo, Peralta, Romero
, Melendez
NOES: None
ABSTAIN: Non
e
ABSENT: Alon
zo
8. ADOPT URGENCY ORDINANCE NO. 2495 ESTABLISHING A TEMPORARY MORATORIUM ON SENATE BILL 79 DEVELOPMENT APPLICATIONS WITHIN THE WASHINGTON BOULEVARD TRANSIT-ORIENTED DEVELOPMENT SPECIFIC PLAN AREA PURSUANT TO GOVERNMENT CODE SECTION 65858
RECOMMENDATION: It is recommended that the City Council:
1. Find that the proposed Urgency Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15061(b)(3) and 15308; and
2. Adopt Urgency Ordinance No. 2495 by a four-fifths vote, pursuant to Government Code Section 65858, establishing a temporary moratorium on the acceptance, processing, and approval of certain transit- oriented development applications within the Washington Boulevard Transit-Oriented Development Specific Plan Area; and
3. Take such additional and/or related action that may be desirable.
Director
of Planning and Community Development Joseph Palombi presented the item.
Councilmember Peralta motioned, seconded by Councilmember Melendez, to approve the item; the motion passed by the following vote.
MOVED: Peralta SECONDED: Romero
APPROVED: 4-0-0-1
AYES: Tamayo, Peralta, Romero
, Melendez
NOES: None
June 24, 2026: City Council Meeting Minutes Page 6 of 17
ABSTAIN: None
ABSENT: Alonzo
9. ADOPT RESOLUTION NO. 26-49, DISRUPTION POLICY AND RESOLUTION NO. 26-50, PUBLIC POSTING
BOARD POLICY / MEETING OUTREACH ENACTING BROWN ACT UPDATES PURSUANT TO SENATE BILL 707
RECOMMENDATION: It is recommended that the City Council:
1. Adopt Resolution No. 26-49, a Resolution of the City Council of the City of Montebello adopting Policy No. 26-01, Disruption of Telephonic or Internet Service During Public Meetings, in compliance with Senate Bill 707; and
2. Adopt Resolution No. 26-50, a Resolution of the City Council of the City of Montebello adopting Policy No. 26-02, Public Agenda Translation Posting Board Policy, in compliance with Senate Bill 707; and
3. Receive and file the City Clerk's update regarding implementation of additional Senate Bill 707 requirements, including agenda translation services through Doc Access, public outreach efforts through the Montebello Newsletter, and the establishment of a public agenda translation posting board; and
4. Take such additional, related action that may be desirable.
Director
of Citly Clerk Services Kimberly Guillen presented the item.
Councilmember Peralta motioned, seconded by Councilmember Melendez, to approve the item; the motion passed by the following vote.
MOVED: Peralta SECONDED: Romero
APPROVED: 4-0-0-1
AYES: Tamayo, Peralta, Romero
, Melendez
NOES: None
ABSTAIN: Non
e
ABSENT: Alon
zo
10. ADOPT RESOLUTION NO. 26-48 APPROVING AN AMENDMENT TO THE 2024 - 2027 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MONTEBELLO AND THE MONTEBELLO POLICE OFFICERS’
ASSOCIATION
RECOMMENDATION: It is recommended that the City Council:
1. Adopt Resolution No. 26-48 approving an Amendment to the Memorandum of Understanding (MOU) between the City of Montebello and Montebello Police Officers’ Association (MPOA) effective July 1, 2024, through June 30, 2027, to approve the revised MOU Exhibit A; and
2. Take such additional, related action that may be desirable.
Councilmember Peralta motioned, seconded by Councilmember Melendez, to approve the item; the motion passed by the following vote.
MOVED: Peralta SECONDED: Melendez APPROVED: 4-0-0-1
AYES: Tamayo, Peralta, Romero, Melendez
NOES: None
ABSTAIN: None
ABSENT: Alonzo
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.
June 24, 2026: City Council Meeting Minutes Page 7 of 17
Mayor Pro Tem Romero pulled Item No. 31 for discussion.
Councilmember Peralta motioned, seconded by Councilmember Melendez, to approve Item Nos. 11-30 and 32; the motion passed by the following vote.
MOVED: Peralta SECONDED: Melendez APPROVED: 4-0-0-1
AYES: Tamayo, Peralta, Romero, Melendez
NOES: None
ABSTAIN: None
ABSENT: Alonzo
11. AUTHORIZE ISSUING REQUEST FOR PROPOSALS (RFP) NO. 26-16 FOR RED LIGHT CAMERA SERVICES
RECOMMENDATION: It is recommended that the City Council:
1. Authorize issuing Request for Proposals (RFP) No. 26-16 for red-light camera services; and
2. Take such additional, related action that may be desirable.
Councilmember Peralta motioned, seconded by Councilmember Melendez, to approve the item; the motion passed by the following vote.
MOVED: Peralta SECONDED: Melendez APPROVED: 4-0-0-1
AYES: Tamayo, Peralta, Romero, Melendez
NOES: None
ABSTAIN: None
ABSENT: Alonzo
12. AUTHORIZE ISSUING REQUEST FOR PROPOSALS (RFP) NO. 26-08 FOR CROSSING GUARD SERVICES
RECOMMENDATION: It is recommended that the City Council:
1. Authorize issuing Request for Proposals (RFP) No. 26-08 for crossing guard services: and
2. Take such additional, related action that may be desirable.
Councilmember Peralta motioned, seconded by Councilmember Melendez, to approve the item; the motion passed by the following vote.
MOVED: Peralta SECONDED: Melendez APPROVED: 4-0-0-1
AYES: Tamayo, Peralta, Romero, Melendez
NOES: None
ABSTAIN: None
ABSENT: Alonzo
13. APPROVE PURCHASE OF ONE (1) ELECTRIC VEHICLE AND ONE (1) HYBRID VEHICLE FOR THE PUBLIC
WORKS DEPARTMENT UTILIZING ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT (EECBG)
AND SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT (AQMD) FUNDING
RECOMMENDATION: It is recommended that the City Council:
1. Approve the purchase of one (1) Ford E-Transit Cargo Van and one (1) Ford F-150 Hybrid for the Public Works Department utilizing Energy Efficiency and Conservation Block Grant (EECBG) and South Coast Air Quality Management District (AQMD) funds; and
June 24, 2026: City Council Meeting Minutes Page 8 of 17
2. Approve the purchase of one (1) Ford E-Transit Cargo Van through State of California Statewide Contract #1-22-23-20 with National Auto Fleet Group as allowed by Montebello Municipal Code Chapter
3.20.050(F) – Cooperative Purchases; and
3. Approve the purchase of one (1) Ford F-150 Hybrid through Sourcewell Contract #081325-NAF with National Auto Fleet Group as allowed by Montebello Municipal Code Chapter 3.20.050(F) – Cooperative Purchases; and
4. Authorize the City Manager to execute all necessary documents related to the purchase of the vehicles; and
5. Take such additional, related action that may be desirable.
Councilmember Peralta motioned, seconded by Councilmember Melendez, to approve the item; the motion passed by the following vote.
MOVED: Peralta SECONDED: Melendez APPROVED: 4-0-0-1
AYES: Tamayo, Peralta, Romero, Melendez
NOES: None
ABSTAIN: None
ABSENT: Alonzo
14. ADOPT SAFE, CLEAN WATER PROGRAM REPORTING POLICY AND PROCEDURES AS A CONDITION
TO RECEIVE MEASURE W FUNDING
RECOMMENDATION: It is recommended that the City Council:
1. Adopt the Safe, Clean Water Program reporting policy and procedures as a condition to receive Measure W funding; and
2. Take such additional, related action that may be desirable.
Councilmember Peralta motioned, seconded by Councilmember Melendez, to approve the item; the motion passed by the following vote.
MOVED: Peralta SECONDED: Melendez APPROVED: 4-0-0-1
AYES: Tamayo, Peralta, Romero, Melendez
NOES: None
ABSTAIN: None
ABSENT: Alonzo
15. APPROVE AGREEMENT NOS. 4530, 4531 AND 4532 WITH AVANT GARDE CORPORATION, DCCM INFRASTRUCTURE INC., AND CUMMING CONSTRUCTION MANAGEMENT, INC. FOR LABOR
COMPLIANCE AND PROGRAM ADMINISTRATION SUPPORT SERVICES
RECOMMENDATION: It is recommended that the City Council:
1. Authorize the City Manager to execute Professional Service Agreement No. 4530 (Attachment A) with Avant Garde Corp. for labor compliance and program administration support services for the not-to- exceed annual amount of one hundred and fifty thousand ($150,000); and
2. Authorize the City Manager to execute Professional Service Agreement No. 4531 (Attachment B) with DCCM Infrastructure, Inc. for labor compliance and program administration support services for the not- to-exceed annual amount of one hundred thousand ($100,000); and
3. Authorize the City Manager to execute Professional Service Agreement No. 4532 (Attachment C) with Cumming Construction Management Inc. for labor compliance and program administration support services for the not-to-exceed annual amount of seventy-five thousand ($75,000); and
4. Take such additional, related action that may be desirable.
June 24, 2026: City Council Meeting Minutes Page 9 of 17
Councilmember Peralta motioned, seconded by Councilmember Melendez, to approve the item; the motion passed by the following vote.
MOVED: Peralta SECONDED: Melendez APPROVED: 4-0-0-1
AYES: Tamayo, Peralta, Romero, Melendez
NOES: None
ABSTAIN: None
ABSENT: Alonzo
16. APPROVE AGREEMENT NOS. 4533, 4534 AND 4535 WITH G3 QUALITY, THE CONVERSE PROFESSIONAL
GROUP AND PA & ASSOCIATES FOR MATERIAL TESTING AND SPECIAL INSPECTION SERVICES
RECOMMENDATION: It is recommended that the City Council:
1. Authorize the City Manager to execute Professional Services Agreement No. 4533 with G3 Quality, Inc. (Attachment A) for on-call material testing and special inspection services for the not-to-exceed annual amount of one hundred thousand ($100,000); and
2. Authorize the City Manager to execute Professional Services Agreement No. 4534 with Converse Professional Group (Attachment B) for on-call material testing and special inspection services for the not- to-exceed annual amount of one hundred thousand ($100,000); and
3. Authorize the City Manager to execute Professional Services Agreement No. 4535 with PA & Associates (Attachment C) for on-call material testing and special inspection services for the not-to-exceed annual amount of seventy-five ($75,000); and
4. Take such additional, related action that may be desirable.
Councilmember
Peralta motioned, seconded by Councilmember Melendez, to approve the item; the motion passed by the following vote.
MOVED: Peralta SECONDED: Melendez APPROVED: 4-0-0-1
AYES: Tamayo, Peralta, Romero
, Melendez
NOES: None
ABSTAIN: Non
e
ABSENT: Alon
zo
17. APPROVE PROFESSIONAL SERVICES AGREEMENT NO. 4538 WITH THE LOS ANGELES
CONSERVATION CORPS FOR THE COMMUNITY CLEANUP AND EMPLOYMENT PATHWAY (CCEP)
GRANT PROGRAM
RECOMMENDATION: It is recommended that the City Council:
1. Approve Professional Services Agreement No. 4538 (Attachment A) with the Los Angeles Conservation Corps for the Community Cleanup and Employment Pathways (CCEP) Grant Program in an amount not- to-exceed $175,000; and
2. Authorize the City Manager to execute the agreement in good faith; and
3. Take such additional, related action that may be desirable.
Councilmember Peralta motioned, seconded by Councilmember Melendez, to approve the item; the motion passed by the following vote.
MOVED: Peralta SECONDED: Melendez APPROVED: 4-0-0-1
AYES: Tamayo, Peralta, Romero, Melendez
NOES: None
ABSTAIN: None
ABSENT: Alonzo
June 24, 2026: City Council Meeting Minutes Page 10 of 17
18. ACCEPTANCE OF THE MONTEBELLO BOULEVARD FROM LOS ANGELES AVENUE TO LINCOLN BOULEVARD CAPITAL IMPROVEMENT PROJECT (CP 888) – NOTICE OF COMPLETION
RECOMMENDATION: It is recommended that the City Council:
1. Accept the Montebello Boulevard from Los Angeles Avenue to Lincoln Boulevard Capital Improvement Project (CP 888) as completed by Toro Enterprises, Inc.; and
2. Approve the final contract amount with Toro Enterprises, Inc. for the Project in the amount of $3,610,816 including change orders; and
3. Approve the Final Total Project Budget (Attachment A); and
4. Authorize the City Clerk to execute, verify and file the Notice of Completion (Attachment B) with the Los Angeles County Registrar-Recorder; and
5. Authorize the release of the retention payment of $180,541 due to Toro Enterprises, Inc. following the mandatory waiting period from the date the Notice of Completion is recorded; and
6. Take such additional, related action that may be desirable.
Councilmember Peralta motioned, seconded by Councilmember Melendez, to approve the item; the motion passed by the following vote.
MOVED: Peralta SECONDED: Melendez APPROVED: 4-0-0-1
AYES: Tamayo, Peralta, Romero, Melendez
NOES: None
ABSTAIN: None
ABSENT: Alonzo
19. AWARD PROFESSIONAL SERVICES AGREEMENT NO. 4542 TO CROSSTOWN ELECTRICAL AND DATA, INC AND PROFESSIONAL SERVICES AGREEMENT NO. 4543 TO POWER OF FAITH CONSTRUCTION FOR
THE PROVISION OF ON-CALL ELECTRICAL MAINTENANCE AND REPAIR SERVICES
RECOMMENDATION: It is recommended that the City Council:
1. Award Professional Services Agreement No. 4542 to Crosstown Electrical and Data, Inc. for the provision of electrical maintenance and repair services at City facilities and infrastructure in an amount not-to- exceed $165,000 annually; and
2. Award Professional Services Agreement No. 4543 to Power of Faith Construction for the provision of electrical maintenance and repair services at City facilities and infrastructure in an amount not-to-exceed $30,000 annually; and
3. Take such additional, related action that may be desirable.
Councilmember Peralta motioned, seconded by Councilmember Melendez, to approve the item; the motion passed by the following vote.
MOVED: Peralta SECONDED: Melendez APPROVED: 4-0-0-1
AYES: Tamayo, Peralta, Romero, Melendez
NOES: None
ABSTAIN: None
ABSENT: Alonzo
20. AWARD PROFESSIONAL SERVICES AGREEMENT NO. 4541 TO SEBASTIAN WATERWORKS DBA MR.
ROOTER FOR THE PROVISION OF ON-CALL PLUMBING SERVICES
RECOMMENDATION: It is recommended that the City Council:
1. Award Professional Services Agreement No. 4541 to Sebastian Waterworks DBA Mr. Rooter for the provision of on-call plumbing services at City facilities in an amount not-to-exceed $126,000 annually; and
June 24, 2026: City Council Meeting Minutes Page 11 of 17
2. Take such additional, related action that may be desirable.
Councilmember Peralta motioned, seconded by Councilmember Melendez, to approve the item; the motion passed by the following vote.
MOVED: Peralta SECONDED: Melendez APPROVED: 4-0-0-1
AYES: Tamayo, Peralta, Romero, Melendez
NOES: None
ABSTAIN: None
ABSENT: Alonzo
21. APPROVE AGREEMENT NO. 4544 WITH ION SECURITY & FIRE SYSTEMS INC. FOR SECURITY AND FIRE
ALARM MONITORING, MAINTENANCE, AND REPAIR SERVICES
RECOMMENDATION: It is recommended that the City Council:
1. Award Professional Services Agreement No. 4544 to Ion Security & Fire Systems Inc. for the provision of security and fire alarm monitoring, maintenance and repair services in an amount not-to-exceed $86,000 annually; and
2. Take such additional, related action that may be desirable.
Councilmember Peralta motioned, seconded by Councilmember Melendez, to approve the item; the motion passed by the following vote.
MOVED: Peralta SECONDED: Melendez APPROVED: 4-0-0-1
AYES: Tamayo, Peralta, Romero, Melendez
NOES: None
ABSTAIN: None
ABSENT: Alonzo
22. AWARD PROFESSIONAL SERVICES AGREEMENT NO. 4539 TO WOLVERINE FENCE COMPANY, INC.
AND PROFESSIONAL SERVICES AGREEMENT NO. 4540 TO J & A FENCE ENGINEERING CORPORATION
FOR THE PROVISION OF ON-CALL FENCE SERVICES
RECOMMENDATION: It is recommended that the City Council:
1. Award Professional Services Agreement No. 4539 to Wolverine Fence Company, Inc. for the provision of on-call fence installation, repair, and replacement services at City facilities, parks, rights-of-way, and other City-owned properties in an amount not-to-exceed $75,000 annually; and
2. Award Professional Services Agreement No. 4540 to J & A Fence Engineering Corporation for the provision of on-call fence installation, repair, and replacement services at City facilities, parks, rights-of- way, and other City-owned properties in an amount not-to-exceed $50,000 annually; and
3. Take such additional, related action that may be desirable.
Councilmember
Peralta motioned, seconded by Councilmember Melendez, to approve the item; the motion passed by the following vote.
MOVED: Peralta SECONDED: Melendez APPROVED: 4-0-0-1
AYES: Tamayo, Peralta, Romero
, Melendez
NOES: None
ABSTAIN: Non
e
ABSENT: Alon
zo
23. ADOPT RESOLUTION APPROVING A LEASE AGREEMENT WITH MAOF PROPERTIES, INC. FOR THE USE OF A DIGITAL MESSAGE BOARD FOR THE PROPERTY LOCATED AT 401 N. GARFIELD AVENUE June 24, 2026: City Council Meeting Minutes Page 12 of 17
RECOMMENDATION: It is recommended that the City Council:
1. Adopt Resolution No. 26-45, approving Sign Lease Agreement No. 4524 between the City of Montebello and MAOF Properties Inc.; and
2. Authorize the City Manager, or designee, to execute the Agreement and any non-substantive administrative documents necessary to implement the Agreement; and
3. Take such additional, related, action that may be desirable.
Councilmember Peralta motioned, seconded by Councilmember Melendez, to approve the item; the motion passed by the following vote.
MOVED: Peralta SECONDED: Melendez APPROVED: 4-0-0-1
AYES: Tamayo, Peralta, Romero, Melendez
NOES: None
ABSTAIN: None
ABSENT: Alonzo
24. APPROVE BLANKET PURCHASE ORDERS WITH AFTERMARKET PARTS COMPANY LLC, AMERICAN MOVING PARTS LLC, CUMMINS CAL PACIFIC LLC, INLAND KENWORTH, INC., WAYNE HARMEIER, INC., AND RUSH TRUCK CENTERS OF CALIFORNIA INC. FOR MAINTENANCE-RELATED BUS PARTS, FIRE
APPARATUS PARTS, AND VEHICLE FLEET PARTS
RECOMMENDATION: It is recommended that the City Council:
1. Approve establishing a blanket purchase order (PO) with Aftermarket Parts Company LLC (Aftermarket Parts), for a total not-to-exceed (NTE) amount of $300,000, to purchase maintenance-related bus parts for Fiscal Year 2026-27; and
2. Approve establishing a blanket PO with American Moving Parts LLC (American Moving Parts), for a total NTE amount of $140,000, to purchase maintenance-related bus and fire apparatus parts for both Montebello Bus Lines (MBL) and the Montebello Fire Department (MFD) for FY 2026-27; and
3. Approve establishing a blanket PO with Cummins Cal Pacific LLC (Cummins Pacific), for a total NTE amount of $140,000, to purchase maintenance-related bus and fleet parts for both MBL and the MFD for FY 2026-27; and
4. Approve establishing a blanket PO with Inland Kenworth, Inc. (Inland Kenworth), for a total NTE amount of $75,000, to purchase maintenance-related bus parts for FY 2026-27; and
5. Approve establishing a blanket PO with Wayne Harmeier, Inc. (dba Wayne Electric Company), for a total NTE amount of $80,000, to purchase maintenance-related bus parts for FY 2026-27; and
6. Approve establishing a blanket PO with Western States Converters & Transmissions, Inc. (Western States), for a total NTE amount of $75,000, to purchase maintenance-related bus parts for FY 2026-27; and
7. Approve establishing a blanket PO with Rush Truck Centers of California, Inc. (Rush Truck), for a NTE amount of $100,000, to purchase maintenance-related bus and vehicle fleet parts for FY 2026-27; and
8. Take such additional, related, action as may be desirable.
Councilmember
Peralta motioned, seconded by Councilmember Melendez, to approve the item; the motion passed by the following vote.
MOVED: Peralta SECONDED: Melendez APPROVED: 4-0-0-1
AYES: Tamayo, Peralta, Romero
, Melendez
NOES: None
ABSTAIN: Non
e
ABSENT: Alon
zo
25. ADOPT RESOLUTION NO. 26-47 AUTHORIZING THE RECEIPT OF FEDERAL TRANSIT ADMINISTRATION (FTA) GRANT FUNDS AWARDED TO THE CITY OF MONTEBELLO FOR THE PURCHASE OF HYDROGEN June 24, 2026: City Council Meeting Minutes Page 13 of 17
FUEL CELL ELECTRIC BUSES AND COMPRESSED NATURAL GAS BUSES
RECOMMENDATION: It is recommended that the City Council:
1. Adopt Resolution No. 26-47 authorizing the receipt of Federal Transit Administration (FTA) grant funds, in the amount of $9,434,183, awarded to the City of Montebello for the purchase three (3) hydrogen Fuel Cell Electric Buses (FCEBs) and nine (9) Compressed Natural Gas (CNG) buses; and
2. Amend the Transportation Department’s Fiscal Year 2026-27 adopted operating budget to appropriate the FTA grant funds ($9,434,183) in Account No. 270-9068-2026-070 to purchase three (3) FCEBs and nine (9) CNG buses; and
3. Take such additional, related, action as may be desirable.
Councilmember Peralta motioned, seconded by Councilmember Melendez, to approve the item; the motion passed by the following vote.
MOVED: Peralta SECONDED: Melendez APPROVED: 4-0-0-1
AYES: Tamayo, Peralta, Romero, Melendez
NOES: None
ABSTAIN: None
ABSENT: Alonzo
26. APPROVE AGREEMENT NO. 4545 WITH TRANSTRACK SYSTEMS INC TO PROVIDE SUPPORT SERVICES
FOR FEDERAL TRANSIT ADMINISTRATION REPORTING
RECOMMENDATION: It is recommended that the City Council:
1. Approve Agreement No. 4545 with Transtrack Systems, Inc. (Transtrack Systems) for a three-year (3 year) term for a total not-to-exceed amount of $128,205, to provide software licensing and support services in accordance with the Federal Transit Administration’s (FTA) reporting requirements for Montebello Bus Lines’ (MBL); and
2. Authorize the City Manager and/or his designee to execute the agreement on behalf of the City of Montebello; and
3. Take such additional, related, action as may be desirable.
Councilmember Peralta motioned, seconded by Councilmember Melendez, to approve the item; the motion passed by the following vote.
MOVED: Peralta SECONDED: Melendez APPROVED: 4-0-0-1
AYES: Tamayo, Peralta, Romero, Melendez
NOES: None
ABSTAIN: None
ABSENT: Alonzo
27. APPROVE ISSUING REQUEST FOR PROPOSALS (RFP) NO. 26-17 FOR A BENEFITS BROKER FOR THE CITY’S ANCILLARY BENEFITS
RECOMMENDATION: It is recommended that the City Council:
1. Approve issuing an Employee Ancillary Benefits Insurance Broker Services Request for Proposals (RFP No. 26-17) for the City’s ancillary benefits; and,
2. Take such additional, related action that may be desirable.
Councilmember Peralta motioned, seconded by Councilmember Melendez, to approve the item; the motion passed by the following vote.
MOVED: Peralta SECONDED: Melendez APPROVED: 4-0-0-1
June 24, 2026: City Council Meeting Minutes Page 14 of 17
AYES: Tamayo, Peralta, Romero, Melendez
NOES: None
ABSTAIN: None
ABSENT: Alonzo
28. APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. 4327 WITH A.O. REED & CO. TO INCLUDE THE
TRANSPORTATION DEPARTMENT FOR HEATING, VENTILATION, AND AIR CONDITIONING (HVAC)
PREVENTATIVE MAINTENANCE AND AS-NEEDED REPAIR SERVICES
RECOMMENDATION: It is recommended that the City Council:
1. Approve Amendment No. 1 to Agreement No. 4327 with A.O. Reed & Co. (A.O. Reed), to include the Transportation Department for citywide Heating, Ventilation, and Air Conditioning (HVAC) preventative maintenance and as-needed repair services; exercise the first one-year (1-year) term extension authorized under the agreement; increase the annual as-needed repair allocation from $200,000 to $250,000 (effective July 1, 2026 – June 30, 2029), increasing the total compensation by $634,355 for a revised not-to-exceed amount of $1,482,040; and
2. Authorize the City Manager and/or his designee to execute Amendment No. 1 on behalf of the City of Montebello (City); and
3. Take such additional, related, action as may be desirable.
Councilmember Peralta motioned, seconded by Councilmember Melendez, to approve the item; the motion passed by the following vote.
MOVED: Peralta SECONDED: Melendez APPROVED: 4-0-0-1
AYES: Tamayo, Peralta, Romero, Melendez
NOES: None
ABSTAIN: None
ABSENT: Alonzo
29. APPROVE AGREEMENT NO. 4522 WITH ZEROUP ENERGY, INC., FOR PROVISION OF TEMPORARY
HYDROGEN REFUELING SOLUTIONS
RECOMMENDATION: It is recommended that the City Council:
1. Approve Agreement No. 4522 with ZeroUp Energy, Inc., (ZeroUp Energy), for a two-year (2-year) term with the option for renewal of up to one (1) additional one-year (1-year) term, for a total not-to-exceed amount of $1,484,420, to provide a Temporary Hydrogen Refueling Solution; and
2. Authorize the City Manager to execute and finalize Agreement No. 4522 with ZeroUp Energy on behalf of the City of Montebello; and
3. Authorize the City Manager to approve change orders up to an additional ten percent (10%) or $148,442 of the total agreement amount; and
4. Amend the Fiscal Year 2026-27 adopted budget to increase appropriations by $932,420 in Account No. 600-90-915-6070.60 (Transit, Transportation, Corporate Shops, Fuel Hydrogen); and
5. Take such additional, related, action as may be desirable.
Councilmember
Peralta motioned, seconded by Councilmember Melendez, to approve the item; the motion passed by the following vote.
MOVED: Peralta SECONDED: Melendez APPROVED: 4-0-0-1
AYES: Tamayo, Peralta, Romero
, Melendez
NOES: None
ABSTAIN: Non
e
ABSENT: Alon
zo
June 24, 2026: City Council Meeting Minutes Page 15 of 17
30. ADOPTION OF ORDINANCE NO. 2496 GRANTING OIL PIPELINE FRANCHISE TO CRIMSON CALIFORNIA PIPELINE L.P.
RECOMMENDATION: It is recommended that the City Council:
1. Adopt Ordinance No. 2496 granting an oil pipeline franchise to Crimson California Pipeline L.P.; and
2. Authorize the continuation of pipeline operations within the public right-of-way under the updated terms and conditions set forth in the ordinance; and,
3. Take such additional and/or related action that may be desirable.
Councilmember Peralta motioned, seconded by Councilmember Melendez, to approve the item; the motion passed by the following vote.
MOVED: Peralta SECONDED: Melendez APPROVED: 4-0-0-1
AYES: Tamayo, Peralta, Romero, Melendez
NOES: None
ABSTAIN: None
ABSENT: Alonzo
31. APPROVE PROFESSIONAL SERVICES AGREEMENT NO. 4546 WITH STAFFORD LIGHTS FOR CITY HALL
LIGHTING INSTALLATION
RECOMMENDATION: It is recommended that the City Council:
1. Approve Professional Services Agreement No. 4546 with Stafford Lights for City Hall lighting installation in an amount not-to-exceed $59,999; and
2. Authorize the City Manager to take actions necessary to execute and finalize an agreement on behalf of the City of Montebello; and
3. Take such additional, related action that may be desirable.
Councilmember Peralta motioned, seconded by Mayor Pro Tem Romero, to approve the item; the motion passed by the following vote.
MOVED: Peralta SECONDED: Romero APPROVED: 4-0-0-1
AYES: Tamayo, Peralta, Romero, Melendez
NOES: None
ABSTAIN: None
ABSENT: Alonzo
32. APPROVAL OF MINUTES: JUNE 10, 2026, CITY COUNCIL
RECOMMENDATION: It is recommended that the City Council:
1. Approve said Minutes as is.
Councilmember
Peralta motioned, seconded by Councilmember Melendez, to approve the item; the motion passed by the following vote.
MOVED: Peralta SECONDED: Melendez APPROVED: 4-0-0-1
AYES: Tamayo, Peralta, Romero
, Melendez
NOES: None
ABSTAIN: Non
e
ABSENT: Alon
zo
June 24, 2026: City Council Meeting Minutes Page 16 of 17
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.
• Ric Alonzo, Councilmember
• Danielle Romero, Mayor Pro Tem
• Scarlet Peralta, Councilmember
• Salvador Melendez, Councilmember
• Georgina Tamayo, Mayor
CLOSED SESSION - CONTINUED
ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on August 12, 2026, at 6:00 p.m., which can be live- streamed at https://www.montebelloca.gov (Click on Live Stream).
I, Kimberly Guillen, Director of City Clerk Services for the City of Montebello, hereby certify that a copy of this agenda has been posted on or before Sunday, June 21, 2026, no later than 6:00 p.m.
Kimberly Guillen, Director of City Clerk Services
June 24, 2026: City Council Meeting Minutes Page 17 of 17
Mayor Tamayo adjourned the City Council Meeting at 10:28 p.m.
THE MINUTES OF JUNE 24, 2026 ARE HEREBY APPROVED AND ADOPTED ON THIS 26TH DAY OF AUGUST 2026.
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
An urgency ordinances is only allowable where it:
contains legislative findings that there is a current and immediate threat to the public health, safety, or welfare, and that the approval of additional subdivisions, use permits, variances, building permits, or any other applicable entitlement for use which is required in order to comply with a zoning ordinance would result in that threat to public health, safety, or welfare. In addition, any interim ordinance adopted pursuant to this section that has the effect of denying approvals needed for the development of projects with a signi
ficant component of multifamily
housing may not be extended except upon written findings adopted by the legislative body, supported by substantial evidence on the record…
CA Gov Code § 65858( c), emphasis added.
The urgency findings contained in the draft ordinances are so sparse and without evidence as to be utterly meaningless. The threat is unnamed, uncertain, and inappropriate to justify obstruction of a state housing law addressing the statewide housing crisis. A temporary change in permitting for a speci fic plan area is no
emergency, and no local or state law is referenced that could justify this measure.
The draft ordinance identifies no specific threat to the public peace, health, or safety for a reason: there is none. It’s pure speculation to say that historic resources will be impacted at all. Speculating that a project might use SB 79 does not present an immediate threat suf
ficient to authorize an emergency ordinance, according to state law and Montebello’s own regulations. Notably if there were actually projects in process, the law grants stricter protections against denying them. Because the draft urgency ordinances would pre-emptively deny all such projects within the affected areas, the protections are likely triggered automatically.
California Courts have already weighed against this kind of blatant obstruction. The findings for urgency ordinances, especially where they would preclude multifamily housing, must cite “specific significant, quantifiable, direct, and unavoidable impact upon the public health or safety that would result from continued development approvals, and objective, written public health or safety standards, policies, or conditions on which that impact is based” . Hoffman St., LLC v. City of W . Hollywood, 179 Cal. App. 4th 754, 771 (2009) (internal citations omitted). Speci
fically for the Hoffman case, a blatant
finding that affordable housing created a current and immediate threat was rightly dismissed as insufficient justification for an urgency ordinance. The prospect of slightly
less wealthy people being able to afford living in Montebello is not the threat you think it is. At least not as far as the law is concerned.
SB 79’s passage followed a string of reforms at the state level to address a systemic, ongoing shortage of housing across the state. YIMBY Law has sued to enforce many of those reforms, and remains very well prepared to continue that work. Any section of the alternatives before you which institute urgency ordinances without substantial evidence to the immediacy they speak to must be discarded. We urge you to follow the law and adopt an alternative plan or allow SB 79 to come into effect as intended, within the City.
Sincerely,
Sonja Trauss
Executive Director
YIMBY Law
statement of the nature of the urgency finds proper place to support the declaration.” Ex parte Hoffman (1909) 155 Cal. 114, 120.
SB 79 was signed into law in October 2025, giving the City almost nine months before its effective date of July 1, 2026 to enact an ordinance preserving the public health and safety of its residents. This was ample time; had there been an immediate and urgent threat to the public health and safety of residents, the City would have enacted an ordinance more quickly.
The City cites the following supposed impacts of SB 79:
(a) Establish development patterns inconsistent with the pending TOD Specific Plan; (b) Create vested rights that could impair the City's ability to adopt and implement corridor-wide planning policies;
(c) Result in piecemeal development that frustrates comprehensive transit-oriented planning objectives;
(d) Consume available transportation, utility, public safety, and infrastructure capacity before completion of corridor-wide analyses;
(e) Undermine the City's ability to adopt objective design standards, development standards, and implementation measures currently under preparation; (f) Interfere with the City's ability to coordinate future public infrastructure investments;
(g) Result in environmental impacts that are presently being evaluated through ongoing planning and environmental review efforts;
(h) Impair future affordable housing, mobility, economic development, and public benefit programs contemplated by the TOD Specific Plan; and (i) Cause substantial prejudice to the City's ongoing legislative planning process; and (j) Result in economic waste and inefficiencies by undermining ongoing TOD Specific Plan planning and environmental review.
None of these issues threaten the public health, safety, and welfare. On the contrary, SB 79 will advance a number of public policy goals of the State of California. See the below legislative findings and declarations from SB 79 (Gov. Code, § 65912.155):
The Legislature finds and declares all of the following:
(a) California faces a housing shortage both acute and chronic, particularly in areas with access to robust public transit infrastructure.
(b) Creating ownership opportunities can be an effective long-term strategy for building wealth and can create a path to financial security.
(c) Building more homes near transit access reduces housing and transportation costs for California families, and promotes environmental sustainability, economic growth, and reduced traffic congestion.
(d) Public transit systems require sustainable funding to provide reliable service, especially in areas experiencing increased density and ridership. The state does not invest in public transit service to the same degree as it does in roads, and the state funds a smaller proportion of the state’s major transit agencies’ operations costs than other states with comparable systems. Transit systems in other countries derive significant revenue from transit-oriented development at and near their stations.
Additionally, we would like to draw the City’s attention to the attached July 17, 2023 letter from the California Attorney General regarding the use of urgency ordinances in response to state housing laws. The letter reiterates the requirements from statute and caselaw that the legislative findings must establish a threat to the public health, safety, or welfare that is current and immediate; local jurisdictions must provide evidence documenting the immediacy of the threat to public health, safety, or welfare; and local jurisdictions must make these findings with enough specificity to support an adverse impact. In other words, there is a high bar for the use of urgency ordinances. The letter states specifically that urgency ordinances “must comply with the substantive requirements of state housing laws and cannot be used in an attempt to circumvent substantive legal requirements.”
Given the extremely thin findings and complete lack of evidence that the City has presented to justify these urgency ordinances, it is clear that the City has not met the requirements discussed in the Attorney General’s letter.
The City therefore may not use urgency ordinances to adopt an SB 79 implementation ordinance.
The City’s Use of an Interim Ordinance is Unlawful
In addition to adopting its SB 79 ordinance as an urgency ordinance, the City is adopting it as an interim ordinance pursuant to Government Code section 65858 in order to take illegal shortcuts in adopting this ordinance. Section 65858, subdivision (a) provides:
Without following the procedures otherwise required prior to the adoption of a zoning ordinance, the legislative body of a county, city, including a charter city, or city and county, to protect the public safety, health, and welfare, may adopt as an urgency measure an interim ordinance prohibiting any uses that may be in con flict with a
contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission or the planning department is considering or studying or intends to study within a reasonable time …
As discussed supra, just as SB 79 poses no risk to “public peace, health, or safety” it also poses no risk to “public safety, health, and welfare.” In fact, as discussed supra, the Legislature has found the contrary to be true. (See Gov. Code, § 65912.155.)
The City may therefore not use an interim ordinance to establish a moratorium on development pursuant to SB 79.
Of note, the City is fully empowered to implement an alternative plan pursuant to Government Code section 65912.161, subdivision (a), and it had nine months to do so prior to the effective date of July 1, 2026. The City’s failure to complete an alternative plan in this timeframe does not constitute justification for an interim ordinance to opt out of a state law.
The City Must Receive Approval from the State for A Moratorium
Government Code section 66300, subdivision (b)(1)(B) prohibits the City from “Imposing a moratorium or similar restriction or limitation on housing development, including mixed-use development, within all or a portion …” of the city without approval from the California Department of Housing and Community Development (HCD).
Furthermore, SB 79 separately requires the City to submit any ordinance implementing SB 79 to HCD for review. (Gov. Code, § 65912.160, subd. (d).) The City has not done this.
Enacting a moratorium on SB 79 projects without approval from HCD is illegal. The City must seek approval from HCD prior to enforcement of this moratorium.
The City May Not Opt Out of State Law
State law preempts local law. (Cal. Const., art. XI, § 7.) This is a foundational constitutional principle, and it is no less true in the land use context than anywhere else. As a corollary to this principle, local governments “cannot choose to forgo application of land use policies imposed by the Legislature.” (Ailanto Properties v. City of Half Moon Bay (2006) 142 Cal.App.4th 572, 595.) The City’s proposed moratorium, however, attempts to do exactly that:
it states, in effect, that state land use laws do not apply so long as the City chooses to opt out of them. The proposed moratorium’s purpose is to “forgo application of land use policies imposed by the Legislature,” as caselaw and the California constitution forbid. (Ibid.)
Of note, in SB 79 the Legislature has prescribed very specific criteria for how a City may temporarily exclude parcels from the effect of the law (Gov. Code, § 65912.161, subd. (b)) and also how a City may tailor the application of SB 79 to its local context. (Id. at subd. (a).) Regardless of these provisions, SB 79 specifies that the law becomes effective on July 1, 2026 (Gov. Code, § 65912.157, subd. (n).)
If the Legislature had intended to allow a general moratorium on SB 79 projects, then it would have allowed such a moratorium in SB 79. As the law is written, the very specific provisions of SB 79 prevail over the generalized provisions of Government Code section 65858 pursuant to lex specialis derogat legi generali. Furthermore, Government Code section 65858 does not authorize a local agency to disregard other state law.
The City’s Proposal is Ineligible for the Cited CEQA Exemptions
The City is proposing to exempt its moratorium from CEQA pursuant to CEQA Guidelines Sections 15061(b)(3) (Common Sense Exemption) and 15308 (Environmental Protection).
However, the proposed moratorium is not eligible for either exemption. This is because impeding the development of housing near transit will, in fact, have a significant impact on the environment.
Multifamily development near transit has dramatically lower carbon dioxide emissions on a per unit basis than greenfield single-family development, both in terms of energy usage and tailpipe emissions. A discretionary government action undertaken to thwart such development will undoubtedly contribute to increased carbon emissions and environmental degradation. This action will also exacerbate homelessness as the market is prohibited from producing adequate multifamily housing stock. In other words, the proposed moratorium will damage, not protect, the environment.
The Legislature made a policy judgement that compliance with the provisions of section 65912.157 were to be exempt from CEQA. (Gov. Code, § 65912.161, subd. (c)(2).) It made no such judgement that an attempt to evade the provisions of section 65912.157 were to be equally exempt from CEQA.
The City therefore may not use the proposed CEQA exemptions and it must otherwise comply with the provisions of CEQA.
The City Retains the Power to Prevent Health & Safety Impacts
The Housing Accountability Act (HAA) (Gov. Code, § 65589.5) allows the City to deny a proposed housing development project if it “would have a specific, adverse impact upon the public health or safety.” (Id. at subds. (d), (j).) As multifamily housing development projects, SB 79 projects are subject to the HAA. If a situation ever arose that presented a true threat to public health and safety as defined by the HAA, the City could use the power of that statute to lawfully deny a proposed development. Given the backstop provided by the HAA, there is no justification for the City to use an interim/urgency ordinance based on supposed health and safety impacts.
⧫ ⧫ ⧫
For these reasons, we urge the Council to reject the proposed moratorium.
Sincerely,
Matthew Gelfand Dylan Casey
Californians for CalHDF
Homeownership
\