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					CITY OF MONTEBELLO                                                                 SEPTEMBER 9 2009

1600 WEST BEVERLY BOULEVARD                                                        WEDNESDAY
MONTEBELLO CALIFORNIA                                                              30 M
                                                                                   6P



THE   CITY OF MONTEBELLO MET AT THE                      ABOVE TIME AND PLACE FOR A REGULAR
MEETING




1      CALL MEETING TO ORDER                          Mayor Vasquez called the meeting to order                      at

       the hour of 8
                   30 p
                      m

2      ROLL CALL                                      City Clerk King
       MEMBERS PRESENT                                Molinari Urteaga Salazar Vasquez
       MEMBERS ABSENT                                 Rodriguez
                                                      Saucedo
       STAFF PRESENT                                  City Administrator Torres City Attorney
                                                      Glasman
                                                      Alvarez


                                                      36 m
       Mayor Vasquez recessed the meeting at the hour 5pinto Closed Session to
       discuss the following items At the hour of 6
                                                  33 pm Mayor Vasquez reconvened
                                  Glasman
       the meeting City Attorney Alvarez reported the following


                                                 CLOSED SESSION



3      PUBLIC EMPLOYMENT
       Govt Code Section 54957
       Titles     City Administrator      Assistant   City Administrator     Director of Finance


       Direction    was   given           position of Interim Assistant City Administrator to Nick
                                  to offer the
       Pacheco and direct the      City Administrator end City Attorney to prepare an agreement for
       signature     Motion   carried 9 on the following roll call vote of the City Council
                                      1


       AYES               Urteaga Salazar Vasquez
       NOES               MoBnari
       ABSENT             Rodriguez
                          Saucedo


3a     CONFERENCE WITH LEGAL COUNSEL APPEAL OF TERMINATION
       Pursuant to Govt Code Section 54957
       Name of Case Pending        Peden Rodriguez


       No final action      Rescheduled for next      meeting

3b     LIABILITY CLAIMS

       Pursuant     to Govt Code Section 64958
                                         95
       Claimants                             Greg WilseyBrian Dragoo Ricardo Rojas Andrew

                                             Vuncannon Larry Jackson Kimberly Lundy Michael Ortiz
                                             Randy Jaso Robert Lindmayer David Rodriguez Ismael
                                             Navarro Mark Newton Julio Calleros
       Agency     Claimed   Against          City of Montebello et al

       Special counsel gave report         Motion carried to     deny   all claims   on a   1
                                                                                            3 vote ofthe
                                                                                            0                City
       Council     Councilman Molinari abstained


                                             REGULAR SESSION


4      INVOCATION                                     Councilman Molinari

5      PLEDGE OF ALLEGIANCE                           Councilwoman Salazar


6      MAYOR PRESENTATIONS
       S


             Montebello Town Center
             Jasmine Flowers
             Allen House
             Pastor   Eric Heart of Compassion
             Police Detective        Randy   Thomas

             Firefighter     Dean Thomas



7      STATEMENT OF
       ORAL COMMUNICATIONS                            City Administrator     Torres


8     ORAL


       Linda   Strong Ridge    Terrace Lane stated      that the   developer for   the   Montebello Hills has   a   self
       interest


       Jacqueline Carr      3521 West Via Corona      spoke   about the court settlement between     Kathy   Salazar
       and the City
         Derrick Alatorre AQMD invited the City Council to the 216                  Annual Clean Air Awards


         James  Flournoy Rosemead stated that he had emailed information to the City Council but                              was

         informed that they may have not received the information


         Yvonne Watson 201 West Madison Avenue                 spoke   about the     Split    Estate movie



         Byron Arakel     Director of Communications for Cook Hill stated that the Save the Montebello Hills
         has self interest




9        APPROVAL OF AGENDA Any items a Councilmember wishes to discuss should be

         designated at this time All other items may be approved in a single motion with
         the exception of Item No 10 11 and 14        Such approval will also waive the

         reading   of any ordinance          Motion carried unanimously




10       PUBLIC     HEARING           CONSIDERATION               OF CODE AMENDMENT                           09
                                                                                                              2AMENDING
         TITLE5 BUSINESS LICENSES AND REGULATIONS AND TITLE 17 ZONING OF
         THE MONTEBELLO MUNICIPAL CODE AND ADOPT A RESOLUTION ESTABLISHING
         LICENSING FEE FOR TOBACCO RETAILERS


                                                          the time and                  for       public heazing      to consider
         Mayor Vasquez stated that this            was                          place         a


         Code Amendment 2amending IYtle
                        09                                 5 Business Licenses and Regulation and Title
         17   Zoning      of the Montebello         Municipal Code and adopt a resolution establishing
         licensing fee for tobacco retailers

         This   public hearing     has been noticed in           a manner       prescribed by          law


                        Gordon gave                     the   proposed      Code Amendment
         Sgt Kelly                    a   report   on




         Mayor Vasquez opened the public hearing                       at   the hour       of 7 p and closed the
                                                                                              55 m
                                       56 p
         public hearing at the hour of 7  m


         Mayor    Pro Tem    Urteaga asked about who has                jurisdiction      aver     issuing the licenses and
         asked if the Police Department            can   change      fees for business            owners      and who handles
         the approval of the licenses


         Councilwoman Salazaz asked when licenses                           get suspended              and   if   suspended    aze

         tobacco   products removed          Staff   replied yes

         Councilman Molinari asked about zoning issues      Mr    Molinazi                               asked       about    drug
                                      to minors would suspend a license
         pazaphernalia and if selling

         Mayor Vasquez thanked staff for the report and ordinance

         Ariel Socarras Planning Manager gave                  an   explanation         of proposed      changes      to zoning



         Pending public testimony and City Council input and based                                on   the Police and Planning

         Departments report dated September 9 2009 move to

     a   Find that Code Amendment 2will not have
                                  09                                        a   significant   impact         on   the environment

         as   evidenced in the Environmental Determination


     b   Approve an Ordinance amending Title 5 of the Montebello Municipal Code adding
         Chapter 5 to require licensure of retailers selling tobacco products and tobacco
                 80

         paraphernalia

     c   Approve     an   Ordinance       amending           17 of the Montebello Municipal Cade adding
                                                         Title

         Chapter     17 to
                     63            require   a     Conditional Use Permit for the establishment of new

         Significant      Tobacco Retailers and


     d           Resolution No 09 establishing
                               77                                a Tobacco       Retailer License Fee of 300
                                                                                                         00
         Adopt

         Motion carried      on   the following vote of the City Council


         AYES                Molinari Urteaga Salazar Vasquez
         NOES                None
         ABSENT              Rodriguez
                             Saucedo

                                                              CONSTRUCTION
11       APPROVAL OF PLANS 8c SPECIFICATIONS AND BID AWARD OF
         CONTRACT CP801 BID NO 09 CULTURAL ARTS CENTER AT TAYLOR RANCH
                                17
         PHASE I GRADING AND RETAINING WALLS TO EARTH CONSTRUCTION AND
         MINING


                        the Engineering Depaztment report dated                         September        9 2009 Councilman
         Based     on                   s
Molinazi moved seconded         by Councilwoman Salazar to
                                               for the construction of CP 801 Bid No                                    17
                                                                                                                        09
a       approve the plans and specifications
        Cultural Arts Center at Taylor Ranch Phase I Grading and Retaining Walls


b       declare the bid submitted             by     Engineering Contractors
                                                   NAKA                                   as   Unresponsive due to       non


        compliance         with State   prevailing wage requirements

                                                                                   and
c         awazd   construction contract in the amount of 543 to Earth Construction
                  a                                      00
                                                         470

          Mining   11542 Knott Street Suite 10 Garden Grove CA and authorize the City
                                                                             and
          Engineer to approve atwenty 25 percent contingency to the contract
                              five

d       authorize the Mayor and the                 City   Clerk to execute the Contract        Agreement      No 2567       on


          behalf of the City


Motion carried                             the     following   roll call vote of the   City   Council
                  unanimously on

          AYES                Urteaga Salazar Vasquez
          NOES                Molinari
          ABSENT              Rodriguez
                              Saucedo

12        BID AWARD           CONTRACT             FOR      THE    CONSTRUCTION           OF     THE     UNDERGROUND
          STORAGE TANK MODIFICATION PROJECT


                                                                                                                              to
          Based   on   the Transportation Department report dated September 9 2009
                                          s                                                                           move

awazd     a contract     to TLM Petro Force 909 North Alameda Street Compton CA                                        for   the

construction of the Underground Storage Tank Modification Project at an amount not to exceed
328 and authorize the Mayor and City Clerk to execute Agreement No 2568 on behalf
50
749
of the City      Motion carried       on   the     following   roll call vote of the   City   Council


          AYES                Molinari Urteaga Salazar Vasquez
          NOES                None
          ABSENT              Saucedo
                              Rodriguez

13        BID AWARD               CONTRACT FOR CONSTRUCTION MANAGEMENT SERVICES FOR
          THE UNDERGROUND STORAGE TANK UST                                 MODIFICATION PROJECT                       RFP NO
          09
          11


          Based        Transportation Department report dated September
                      on    the       s                                         9 2009
Councilman Molinari moved seconded by  Councilwoman Salazaz to award Fiedler Group 2322
West Third Street Los Angeles CA the contract for providing the Construction Management

Testing    and    Engineering Services for the Construction of the Underground Storage Tank
Modification     Project in an amount not to exceed 48and authorize the Mayor and City
                                                    865
                                                    00
Clerk to execute Agreement No 2569                   on    behalf of the City Motion carried       unanimously

14        BID AWARD            POLICE DEPARTMENT BUILDING LEAD CONTAMINATION CARPET
          REPLACEMENT


          Anna Arriola 704 North              Lincoln asked when the Police Depaztment                  was   built and if al
of the tiles   were   removed


          Based   on       the Police Department report dated September 9 2009 Councilwoman
                                      s
Salazar moved seconded             by Mayor Vasquez to award the bid for the Police Depaztment carpet
replacement      to MGA                    104 East Whittier Boulevard Montebello CA in                     an   amount not
                              Flooring
to   exceed       00
                  85
                  541                   and        authorize      the   Mayor      and  City        Clerk        to    execute

Agreement No 2570A             on   behalf of the City          Motion carried    unanimously       on   the   following     roll

call vote


          AYES                Mp11nAr1     azar
                                           Ilrtea Vasquez
                                           S
          NOES                Noner
          ABSENT              Sau4
                              ltodrigtg
                              c
                              edo

                                                       1 BUSINESS
                                                       Y
                                                       IL

15        RESOLUTION           iG ttAGRAM
                               APPRO y SUPPLEMENT
                               V11 P                                                    AGREEMENT NO              N
                                                                                                                  004 TO
          THE                   FEDERAL
                  ADMINISTERING AGENCY                                   MASTER AGREEMENT NO                     07
                                                                                                                 5247
                                                                                                                 R
          FOR THE NEIGHBORHOOD CITYWIDE SIDEWALK PROJECT


          Based   on   the Engineering Department report dated September 9 2009 Councilman
                                       s
Molinari moved         seconded by Councilwoman Salazar to approve Resolution No 09 and all
                                                                                 78

necessary      supplement agreement              documents and authorize the City Administrator and the
                                                                                                or
                  to execute said documents on behalf of the          City Motion cazried unanimously
City Engineer

16        RESOLUTION APPROVING PROGRAM SUPPLEMENT AGREEMENT                                               NO      003 TO
                                                                                                                  N
                                                               5247
                                                               R
          THE ADMINISTERING AGENCY FEDERAL MASTER AGREEMENT NO 07
          FOR WHITTIER BOULEVARD                           H
                                                           4STREET TO VAN NORMAN ROAD PROJECT


          Based   on   the Engineering Department report dated September 9 2009 Councilman
                                       s
Molinari moved         seconded by Councilwoman Salazaz to approve Resolution No 09 and all
                                                                                 79

necessary      supplement agreement              documents and authorize the City Administrator and the
                                                                                                or
                to   execute    said documents           behalf of the
City Engineer                                       on                    City Agreement        No 2570B and
2570C Motion carried         unanimously




17    PAYMENT OF BILLS               RESOLUTION APPROVING THE WARRANT                           REGISTER OF
      DEMANDS DATED SEPTEMBER 9 2009


      Councilman Molinari moved seconded                 by   Councilwoman Salazar to approve and          adopt
Resolution No 09 Motion carried
              80                               unanimously

18    MONTHLY INVESTMENT REPORT


       Councilman Molinari moved seconded by Councilwoman Salazaz                         to note and file said

report Motion carried unanimously

19    APPROVAL OF MINUTES                 REGULAR SESSION OF MAY 13 2009 MAY 27 2009
      AND JUNE 10 2009


      Councilman Molinari moved seconded                 by   Councilwoman Salazar to note and file said
      minutes Motion cazried unanimously


                      ORAL COMMUNICATIONS                              il
                                                          Continued if necessar


      None


                                               COUNCIL ORALS


20                 A7AR
      COUNCILWOMAN SAr

      a         Request for      status   report   on    High Speed      Rail   coming through        the City of
                Montebello
      Director Jackson will prepare status report


21    COUNCILMAN MOLINARI

      a      Request for status report on replacement of retiring City Administrator
             and procedure to assure we find the best qualified person
      Councilman Molinari asked for a status report Stc that aflger will be
                                                       replied
                                                       j
      distributed soon regarding the need for a Citg Administrator



                                               ADJOURNMENT


      Upon   motion carried      unanimously Mayor Vasquez adjourned                  the meeting at the hour
of 8p
   30 m


      APPROVAL OF MINUTES                 Upon   motion carried u                 1              es   of

September   9 2009    were     approved   as   written on Novem     er   10 2 0



                                                              ROSEMARn           ASQUEZ Mayor

ATTEST




ROBERT J KING          ity   Cler

				
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