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					                                                                                             JUNE   24     2009
CITY OF MONTEBELLO
                                                                                             WEDNESDAY
1600 WEST BEVERLY BOULEVARD
MONTEBELLO CALIFORNIA                                                                        6  M
                                                                                             30 P



THE    CITY OF MONTEBELLO                   CITY COUNCIL MET AT THE                          ABOVE TIME AND

PLACE IN A REGULAR SESSION


                                           OPENING CEREMONIES


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

                    30 p
        the hour of 6  m


        ROLL CALL                                     City   Clerk     King
        MEMBER8 PRESENT                               8aucedo Molinari Urteaga Salazar
                                                      Rodriguez
                                                      Vasquez
        MEMBERS ABSENT                                None

        STAFF PRESENT                                 City Administrator Torres City Attorney
                                                      Glasman
                                                      Alvarez


                       50 p
        At the hour of 5                          Vasquez        recessed the      meeting    into Closed Session
                          m Mayor
        to     discuss following items
                          the            At the hour of 6 p Mayor Vasquez
                                                        33 m
        reconvened the meeting City Attorney Alvarez reported the following
                                             Glasman


                                                  30 M
                                                  5P


                                              CLOSED SESSION



3        CONFERENCE WITH LEGAL COUNSEL APPEAL OF TERMINATION

         Pursuant       to Govt Code Section 54957
         Name of Case      Pending           Pedro Rodriguez


                                         received a              and   requested   additional information       No
         The   City Councilmembers                    briefing
final action


4        CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION

         Pursuant to Government Code Section 54956
                                             91x1
         Name of Case Pending       Roland Garcia v City of Montebello


         The City Councilmembers received        a    briefing    No final action


                                                      30 P
                                                      6  M
                                             REGULAR SESSION




5        INVOCATION                                    Councilwoman Salazar


6        PLEDGE OF ALLEGIANCE                          Mayor Pro Tem Urteaga

7        PRESENTATIONS


                     MAYOR PRESENTATIONS
                     S


                CERTIFICATES OF RECOGNITION
                    Boy Scouts
                    Girl Scouts
                    R Students
                    P
                    O

                    Beautification Program Business 8s Residence Winners


8        STATEMENT OF ORAL
         COMMUNICATIONS                                          City   Administrator Torten



9       ORAL COMMUNICATIONS


         Marissa Castro Southern California Edison provided
                 Salvati                                                                an   update   on   investment
in the City of Montebello including the         Tehachapi project

         Jerry de la Peza       129 South 3 Street        spoke about the Montebello Hills project and the
need for open space


                               h
         Tom Dutcher 337 North 19 Street                spoke    about the    City working    on a    revised   general
plan

         Mike Popoff Hibiscus Street spoke about the Montebello Hills DEIR and stated that the

plan   reads like   a   sales brochure


         Grace Ybarra          about the SYEP program and stated that her son was in the line for
                            spoke
an   application    from 2   m to 8 a She stated concerns regarding the hiring of youth from
                             a      m

other cities     Ms Ybarra      was   advised to speak to City Administrator Torres
         Gary Brougher President of the Montebello Historical society                  presented   a   Simons
commemorative book to the City Council


         Sofia Pulatian       spoke about the Quiet Cannon expansion and had questions                    Ms
Pulatian     was   advised   tospeak to City Administrator Torres

         Dan   Mariscal 1313 Rio Blanco regarding the Montebello Hills                The Mayor asked City
Administrator Torres to speak to Mr Mariscal


         Alan Bushaw Vail Avenue spoke about the Southland Art Association show scheduled
for October 18 and 19 2009          Mr Bushaw asked that construction of            Taylor Ranch begin after
the show


10       APPROVAL OF AGENDA Councilman Molinari moved seconded by Councilwoman

         Saucedo that all items be approved in a single motion with the
         Rodriguez
         exception       of ITEMS NO      11 12 13 14 16          17 and     19     Such approval will also
         waive the reading of any ordinance Motion carried               unanimously

                                          SCHEDULED MATTERS


11       PUBLIC         HEARING     APPROVAL         AND    ADOPTION       OF     ORDINANCE     AMENDING

         CERTAIN SECTION3 OF THE MONTEBELLO MUNICIPAL                             CODE MMC BUSINESS
         LICENSE TAXES



       Mayor Vasquez stated that this was the time and place for public hearing to consider
theapproval and adoption of an ordinance amending certain sections of the Montebello
Municipal Code MMC Business License Taxes

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

         A brief summary was      given by Revenue Supervisor Harkalyan


       Mayor Vasquez opened the public hearing at the hour of 7 p25 m                       There being    no

testimony Mayor Vasquez closed the public hearing at the hour of 7
                                                                 25 p
                                                                    m


         Based     on   the Finance Department report dated June 24 2009 Mayor Vasquez moved
                                    s
seconded by Councilwoman Salazar to approve Ordinance No 2331 which establishes the
business license taxes and permit fees for the City of Montebello for fiscal year 2009 and
                                                                                  2010
adopt the business license tax schedule as provided for by MMC Section 5 Motion
                                                                        08
                                                                        B
                                                                        010
carried unanimously on the following roll call vote of the City Council


         AYES       Rodriguez
                    Saucedo Molinari Urteaga Salazar Vasquez
         NOES       None



12       PUBLIC HEARING            CONSIDERATION           OF PLANNED        DEVELOPMENT       2 ZONE
                                                                                               07
         CHANGE         09
                        1 AND      TENTATIVE         PARCEL      MAP   070052       MATER    MONTEBELLO

         LIMITED        CORP 7709 TELEGRAPH ROAD

         Mayor Vasquez stated that this        was    the time and place for public hearing to consider
the Planned Development 2 Zone Change 1 and Tentative Parcel Map 070052
                         07                 09                                                          Mater
Montebello Limited Corp 7709 Telegraph Road


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

        A brief summary was       given by Planning Associate Enriquez


         Mayor Vasquez opened the public hearing                          38 m
                                                           at the hour of 7p



         Consultant Charles Lawrence spoke about the additional 6700 square feet that would
        be added


         Mayor Vasquez closed      the   public hearing   at the hour of 7 p
                                                                         40 m


         Councilman Molinari stated that the           changes   would be    good   for business and would
attract other businesses



         Mayor Vasquez stated that       new   businesses would bring    a   lot of beauty that is needed in
the   area




       Based    on   public testimony     and  based   on   the  Department of Community
Development report dated June 24 2009 Councilman Molinari moved seconded
Planning
s
by Councilwoman Saucedo to 1 find that Zone Change 1 Planned Development
                   Rodriguez                                       09
2and Tentative Parcel Map 70052 will not have a significant impact on the environment
07
as evidenced in the Initial Study of environmental impacts and approve the Mitigated Negative

                                                                43
Declaration 2 approve the findings listed in Resolution No 09 and ordinance 3 adopt
the ordinance reclassifying the zoning from M Heavy Manufacturing to M
                                               2                              2 Heavy
                                                                              PD

Manufacturing Planned Development and 4              approve Planned Development    2 and
                                                                                    07
Tentative Parcel Map 70052 subject to the conditions of approval as contained in the
resolution     Motion carried unanimously       on   the following roll call vote of the City Council


        AYES       Rodriguez
                   Saucedo Molinari Urteaga Salazar Vasquez
          Based    on    s
                         Administration report dated June 24 2009 Councilman Molinari                                            moved
                                                                     to
seconded by Councilwoman Saucedo
                         Rodriguez                                                    44
                                                                adopt 1 Resolution No 09 adopting an
Interim    budget     for the     City    of Montebello for the Fiscal Year commencing July 1 2009 and
                                              10
ending June 30 2010 and 2 to adopt an interim 2009 operating budget and authorize the
expenditure of funds commencing July 1 2009 Motion carried unanimously on the following
roll call vote of the City Council


          AYES     Rodriguez
                   Saucedo Molinari Urteaga Salazar Vasquez
          S
          NOF         None



                                                        NEW BUSINESS



15      AUTHORIZATION TO COOPERATE WITH THE LEAGUE OF CALIFORNIA CITIES IN
        LITIGATION           CHALLENGING                CONSTITUTIONALITY                     OF     STATE           GOVERNMENT
        SEIZURE OF HIGHWAY USERS TAX ACCOUNT FUNDS                                        HUTA GAS TAX

          Based    on    the Administration            s
                                                       Department report             dated June 24 2009 Councilman
Molinari moved seconded by Councilwoman Saucedo
                                        Rodriguez                                             to   adopt Resolution             45
                                                                                                                             No 09

and    direct   the                           to   take all
                       City Attorney          necessary steps to cooperate with the League of
California      Cities other cities and counties in supporting litigation against the state of
California      if the legislature enacts and the governor signs into     law legislation that
unconstitutionally diverts the City share of funding from the Highway Users Tax Account
                               s
HUTA also known as the gas tax to fund the state general fund             Motion carried
unanimously

16                                             BUDGETED
          APPROVAL AND ALLOCATION OF FUNDS FOR NON SPECIAL EVENTS


          Mayor Vasquez stated            her desire to       move   forward with budgeting for the special                     events



          Councilwoman                                          stated     that                           needs       to   be
                                  Rodriguez
                                  Saucedo                                          an    example                                 set    by
leadership        Councilwoman Saucedo does not want anything added to the budget at
                               Rodriguez
this time



          Councilman Molinari stated that he would not support any unnecessary items                                             on    the

budget

          Mayor    Pro    Tem      Urteaga stated that he would                          support the                       Salsa
                                                                                  not                         Sizzling                 Fest

expense


          Mayor Vasquez would like                 to revisit the   Sizzling Salsa       Fest is funds could be raised for

the event       Mayor Vasquez            also mentioned that she would like Chef Lala to attend the Health
Fair


          Based         Municipal Services report dated
                   on                                                 June      24 2009 Councilman Molinari moved
seconded     Councilwoman Salazar to approve continuance of the sponsored or co
             by                                                                    sponsored
event Community Health Fair and adopt Resolution No 09 allocating 7 in funding
                                                          46                  000
for said events Motion carried unanimously on the following roll call vote of the City Council


          AYES     Saucedo Molinari Urteaga Salazar Vasquez
                   Rodriguez
          NOES        None


17        APPROPRIATION OF FUNDING TO HOST A FOOD DISTRIBUTION PROJECT FOR
          NEEDY MONTEBELLO FAMILIES



          Director Salinas gave           a   report   on   the project


          Councilman Molinari              stated his support of Hearts of Compassion to host                                   the food
          distribution project


          Joel Davis Hearts of Compassion board member spoke about the program


          Mayor Pro Tem            Urteaga stated that he                 met   Mr      Davis      over   a    year    ago   and       was

          immediately impressed               with the program


          Based    on   Municipal Services report dated               June      24 2009 Councilman                  Molinari     moved
seconded     by   Councilwoman            Rodriguez
                                          Saucedo                    to    adopt   Resolution        No 09 appropriating
                                                                                                        47

40
040        to host a food distribution               project for needy families in Montebello                         Motion carried

unanimously       on    the following      roll call vote of the     City Council

          AYES     Saucedo Molinari Urteaga Salazar Vasquez
                   Rodriguez
          NOES        None


18        APPROVAL           OF   PLANS AND SPECIFICATIONS AND AWARD                                      OF        CONSTRUCTION
          CONTRACT CP 792                     W VIA ACOSTA IMPROVEMENT                             PROJECT PROJECT NO
          1907 TO PALP INC DBA EXCEL PAVING COMPANY


          Based    on    the Engineering             Department report dated
                                                     s                                        June    24 2009 Councilman
Molinari moved    seconded by Councilwoman Saucedo to 1 approve the plans and
                                              Rodriguez
specifications for the construction of Contract CP 792  W Via Acosta Improvement Project

Project No 1907 2 award a construction contract in the amount of 546 to PALP DBA
                                                                 25
                                                                 591
Excel    Paving Company            and        authorize the      City Engineer           to   approve         ten    10 per            cent
         NOES None



13       APPEAL OF ADMINISTRATIVE DECISION TO SUSPEND A BUSINESS LICENSE 8c
         DENY APPLICATION FOR A CABARET PERMIT  TERRAZA JAMAY DBA CENTRO

         SOCIAL TERRAZA JAMAY RUBEN O CHAVEZ OWNER


         James          Eckert   City     Prosecutor        gave   a   brief   report regarding the revocation of the
business license


       George Pacheco representing Ruben Chavez spoke about the                                     suspension      of the license

and spoke about Mr Chavez losing business


                                                                                       55 m
                                                                        at the hour of 8p
         Mayor Vasquez opened the public hearing

                        Muro submitted         correspondence regarding           concerns       with Terraza Jamay
         Maggie

         City   Prosecutor James               Eckert spoke about the many warnings                      and testimonies from
concerned staff and residents


        Sgt Kelly Gordon Montebello Police Department spoke about the issues the Police
Department has had to deal with Staff prepared a list of calls for service since 2007 at Terraza
Jamay     Sgt Gordon spoke about thrown beer bottles signs issues parking issues and
assistance required from the Monterey Park Police Department regarding and incident that
included underage drinking and possession of the drug Ecstasy that was an advertised event


       Corporal Jennifer Garcia Montebello Police Department gave the definition of a Rave
party Corporal Garcia stated that she has encountered teenagers buying selling and taking
Ecstasy at Terraza Jamay

         Sal from Alcohol and Beverage Control found                           underage drinking at the Terraza Jamay
beer bottles being throw and               a   teenage girl wanting        to sell liquor so she could get money to get
into the Terraza Jamay


         Fire   Marshall Kurt Marshall stated that the Terraza Jamay has had the                                   single highest
call volume in the last two to three months                        Stairwells and fire escapes            are    operable as they
were    designed many          years ago and were           legal at the time they were built

         Lynda          Carter    Code      Enforcement        Supervisor spoke about the serious problems
encountered         on   March 27 such           as   the   dancing regulations not posted and only one security
guard    on   the   scene      with   a   guard card for approximately 700 people when there should be                             at

lease 2 per 100 people


                                         h
     Reverend Mitchell Young South 10 Street                                      spoke     about       the   disrespect     to   the

community from the patrons of Terraza Jamay

        Marcos Berumen 10 Street spoke about the patrons of Terraza Jamay urinating in
                          h
front of his home and blocking his driveway with their cars


         Mayor Vasquez closed the public hearing                       at the hour of 9p
                                                                                      25 m


         Mr Pacheco stated that Mr Chavez has                          stopped   the   parties    from being held


         City Prosecutor Eckart stated that Mr Chavez counsel did                                 not submit sufficient cause

to overturn the  suspension

      Based    on public testimony and      based    on  the   Department of Community
Development report dated June 24 2009 Councilwoman Salazar moved seconded
s
Planning
by Mayor Pro Tem Urteaga to continue the matter to the next regular scheduled meeting of the
Council   on    the     following     roll call vote


         AYES           Rodriguez
                        Saucedo Molinari Urteaga Salazar Vasquez
         NOES           None



14                                                         10BUDGET
        RESOLUTION ADOPTING CITY OF MONTEBELLO FISCAL YEAR 2009


         Mayor      Pro Tem      Urteaga asked how much the City receives in Gas Tax


          City Administrator Torres spoke about the redevelopment agency filing                                    a   suit against
the State for       00
                    350
                    000

        Mayor Vasquez spoke about a conference call she took part in regarding the budget and
opposition to the Governor proposal
                  s


          City Administrator Torres stated that it would be prudent                              to wait to see what the state

does


          Councilman Molinari stated that it would be wise to                           adopt     an   interim   budget    until the
state   makes       a   final determination           Councilman Molinari would like to look into the budget in

early spring department by department
                 and    3 authorize the Mayor and the City Clerk to execute              Contract      Agreement
contingencies
No 2551   on   behalf of the City Motion carried unanimously




19      AMENDMENT TO THE DAILY BREW GARDEN                            CAFE   AGREEMENT


        Based    on     the    Department       of   Municipal    Services   report   dated   June     24      2009
Councilman Molinari moved       seconded by Mayor Vasquez to hold this item over for                     a    future

meeting  and to go out to bid for concession services at the Cathy Hensel Youth Center                      Motion

carried on the following roll call vote of the City Council


        AYES     Rodriguez
                 Saucedo Urteaga Salazar Vasquez
        NOES      Molinari


                                            CONSENT CALENDAR


20      ADOPTION OF A RESOLUTION CALLING AND GIVING NOTICE OF THE HOLDING
        OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 3 2009 FOR
        THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF
        THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES


        Councilman Molinari moved               seconded   by    Councilwoman Saucedo to adopt
                                                                              Rodriguez
              48
Resolution No 09 Motion carried                 unanimously

21      ADOPTION OF A RESOLUTION REQUESTING THE                              BOARD OF SUPERVISORS OF
        THE      COUNTY        OF LOS     ANGELES        TO      CONSOLIDATE      A   GENERAL         MUNICIPAL
        ELECTION TO BE HELD ON NOVEMBER 3 2009 WITH THE SCHOOL DISTRICT
        ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE
         ELECTIONS CODE


         Councilman Molinari moved                                       Rodriguez
                                                seconded by Councilwoman Saucedo to adopt
              49
Resolution No 09 Motion carried unanimously


22       CONSIDERATION             OF APPROVAL                         S
                                                        OF PRELIMINARY ENGINEER REPORT                          FOR
         NATASHA LANE LANDSCAPE ASSESSMENT DISTRICT AND SETTING                                       DATE      FOR

         REQUIRED PUBLIC HEARING

         Councilman       Molinari     moved         seconded    by   Councilwoman     Rodriguez
                                                                                       Saucedo                    to

approve Resolution    50
                  No 09 approving the Preliminary Engineer Report for the Natasha
                                                     s
                                      01
Lane Landscape Assessment District No 2005 and setting a public hearing date for July 22
2009    Motion carded         unanimously

23       CONSIDERATION OF APPROVAL                                      8
                                                        OF PRELIIMINARY ENGINEER REPORT FOR
         THE NATASHA LANE SEWER AND STORM WATER PUMP STATIONS ASSESSMENT
         DISTRICT AND SETTING DATE FOR                   REQUIRED PUBLIC         HEARING



         Councilman Molinari moved              seconded         Councilwoman                            to
                                                           by                    Saucedo
                                                                                 Rodriguez                     adopt
Resolution No 09 approving the Preliminary Engineer Report for the Natasha Lane Sewer
              51                           s
and Storm Water Pump Stations Assessment District No 2005
                                                     02and                            setting   a
                                                                                                    public hearing
date for July 22 2009 Motion carried unanimously


24       ADOPTION OF RESOLUTION AUTHORIZING THE                              DESTRUCTION OF OBSOLETE
         RECORDS


         Councilman Molinari moved seconded by Councilwoman Saucedo to adopt
                                                             Rodriguez
Resolution  No 09 authorizing the destruction of obsolete records and authorize staff to
                51
proceed accordingly           Motion carried unanimously


25       MONTHLY INVESTMENT REPORT


         Councilman       Molinari     moved         seconded    by   Councilwoman     Saucedo
                                                                                       Rodriguez                  to

approve and file said report         Motion carried unanimously


26       PAYMENT        OF BILLS        RESOLUTION APPROVING THE                  WARRANT REGISTER OF
         DEMANDS DATED JUNE 24 2009


         Councilman       Molinari     moved         seconded    by   Councilwoman     Rodriguez
                                                                                       Saucedo                    to

approve and     adopt                 52
                        Resolution No 09 Motion carried unanimously


27       CLAIMS AGAINST THE CITY


         Councilman Molinari moved              seconded by Councilwoman Saucedo to DENY
                                                                         Rodriguez
the  following   claims       Alice Valdez in   an   undisclosed amount Jose L Gutierrez in the amount
of   5
     147
     72                                               33
                 and Michael Barraza in the amount of 204               Motion carried unanimously


28       APPROVAL OF MINUTES                REGULAR 8E88IONS OF APRII 8 2009 AND APRIL 18
         2009


         Councilman Molinari moved              seconded    by   Councilwoman    Saucedo
                                                                                 Rodriguez                to   note
file said minutes and approve Resolution No 09 Motion carried
                                            53                                    unanimously
                               ORAL COMMUNICATIONS CONTINUED


        None


                                                COUNCIL ORALS


29      COUNCILMAN MOLINARI


        a     Review of my proposal of May           13 2009   to   reallocate fireworks   funds   for   food
              distribution for the needy
        b     Consideration of proposal of      City water
                                                wide           conservation program




        Upon motion carried unanimously Mayor Vasquez adjourned the meeting in memory of
the mother of retired Detective Robert Carcano


       APPROVAL OF MINUTES                   Upon motion carried unanim      ly the minu      of Jun       4
2009   were   approved   as   written   on   October 14 2009




                                                                    ROSEMARIE VASQUEZ Mayor




ATTG
ROBERT J       ICity
               KING           Clerk

				
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