South El Monte City Council
May 24, 2022

Gloria Olmos, Mayor/Chair
Manuel Acosta, Mayor Pro Tem/
Vice Chair
Richard Angel, Councilmember/
Boardmember
Hector Delgado, Councilmember/
Boardmember
Gracie Retamoza, Councilmember/
Boardmember
Rachel Barbosa, City
Manager/Executive Director
Donna G. Schwartz, City
Clerk/Secretary
Anthony R. Taylor, City
Attorney/General Counsel

CITY OF SOUTH EL MONTE

REGULAR MEETING OF THE SOUTH EL MONTE CITY COUNCIL AND THE

SUCCESSOR AGENCY TO THE SOUTH EL MONTE IMPROVEMENT DISTRICT AGENDA
May 24, 2022, 6:00 PM
1415 Santa Anita Avenue, South El Monte, CA 91733
***SPECIAL NOTICE REGARDING COVID-19***
On September 16, 2021, Governor Newsom signed AB 361, which modified the Brown Act to allow for teleconferencing participation at local legislative body public meetings during a proclaimed state of emergency. Pursuant to Government Code Section 54953(e) as amended by AB 361, City Council is authorized to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically available to all members of the public seeking to observe and to address the local legislative body. Public participation will be allowed via the information below.

PUBLIC COMMENT
To participate during public comment via teleconference, see below:

Link: https://us02web.zoom.us/j/86581711880
Webinar ID: 865 8171 1880
Or Call In: 1 669 900 6833, when prompted, enter 86581711880#

LIVE STREAMING OF MEETINGS
The City of South El Monte live streams the City Council Meetings over the Internet at https://www.cityofsouthelmonte.org/129/City-Council-Agendas-Minutes after the meetings, recordings are immediately posted. NOTE: Your attendance at this public meeting may result in the streaming and recording of your image and/or voice.

AMERICANS WITH DISABILITIES ACT
In accordance with the Americans with Disabilities Act of 1990, if you require a disability-related modification or accommodation to attend or participate in this meeting, including auxiliary aids or services, please call the City Clerk’s office at (626) 579-6540 ext. 3280 or ext. 3220 at least 72 hours prior to the meeting.

GENERAL COMMENT
Members of the public wishing to submit a general comment or a comment on an agenda item, can email [email protected] or call (626) 579-6540 ext. 3280 to leave a voicemail message. All comments received an hour before the scheduled meeting will be read during public comment and made part of the record.

MEETINGS
The City Council holds regular meetings on the second and fourth Tuesday of every month. Regular meetings start at 6 p.m. in the Council Chambers at City Hall, 1415 Santa Anita Avenue, South El Monte, California. Special and Adjourned Regular meetings start time are to be determined.

POSTING LOCATIONS OF AGENDA AND/OR CANCELLATION NOTICES Regular meeting agendas will be posted at least 72 hours before the meeting (GC 54954(a)(1)).

Agenda and Cancellation Notices can be viewed online and are also posted at the following three (3) locations: City Hall located at 1415 Santa Anita Avenue, Senior Center located at 1556 Central Avenue and the Community Center located at 1530 Central Avenue, South El Monte, California.

VIEWING OF AGENDA PACKETS
Full agenda packet can be viewed either at www.cityofsouthelmonte.org/129/CityCouncil-Agendas-Minutes or in the City Clerk’s Office during normal business hours Monday through Thursday 7:00 a.m. to 5:30 p.m. Closed on Fridays and major holidays.

ISSUES RELATED TO AGENDA
For issues related to the agenda, including a disability-related accommodation necessary to participate in this meeting, please contact:

Donna G. Schwartz, CMC, City Clerk
Ph (626) 579-6540 ext. 3280
Cell (626) 274-4842
Paola Lara, Deputy City Clerk
Ph (626) 579-6540 ext. 3220
Cell (626) 374-1998

AGENDA BEGINS ON THE FOLLOWING PAGE

1. ROLL CALL
Councilmembers: Angel, Delgado, Retamoza, Mayor Pro Tem Acosta and Mayor Olmos

2. PLEDGE OF ALLEGIANCE
Mayor Pro Tem Manuel Acosta

3. INVOCATION
Pastor Charlie Corum, South El Monte Community Outreach

4. PRESENTATIONS

4.a. Scholarship Presentation By The El Monte/South El Monte Chamber of Commerce

4.b. Sheriff's Department Report for the Month of April

4.c. Code Enforcement and Public Safety Department Report for the Month of April

5. APPROVAL OF THE AGENDA AND WAIVER OF FULL READING OF

ORDINANCES
By motion of the City Council, this is the time to notify the public of any changes to the agenda, remove items from the consent calendar for individual consideration and/or rearrange the order of the agenda.

6. PUBLIC COMMENT
Speakers may provide public comments on any matter within the subject matter jurisdiction of the City Council, including items on the agenda. Each speaker will be limited to five minutes. Unless a majority of the Council objects, the Mayor may provide speakers more or less time to speak. All comments or queries shall be addressed to the Council as a body and not to any specific member thereof.

Pursuant to Government Code Section 54954.2(a)(2), the Ralph M. Brown Act, no action or discussion by the City Council shall be undertaken on any item not appearing on the posted agenda, except to briefly provide information, ask for clarification, provide direction to staff, or schedule a matter for a future meeting.

7. CONSENT CALENDAR
Items on the consent calendar are considered to be routine and customary and are enacted by a single motion with the exception of items previously removed by a member of the City Council during "Approval of the Agenda" for individual consideration. Any items removed shall be individually considered immediately after taking action on the Consent Calendar.

CONSENT CALENDAR (CONTINUED)

7.a. CONSIDERATION AND APPROVAL OF THE REGULAR CITY
COUNCIL MEETING MINUTES FOR MAY 10, 2022

Staff is requesting approval of Minutes for the May 10, 2022 Regular City Council Meeting.

RECOMMENDED ACTION: Staff recommends City Council approve the Minutes of the Regular City Council Meeting of May 10, 2022.

7.b. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 22-34, APPROVING WARRANTS FOR THE PERIOD OF MAY 11, 2022,
THROUGH MAY 24, 2022

Authorizing payment of City expenditures for the period of May 11, 2022 through May 24, 2021 totaling $370,178.24
RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 22-34, authorizing payment of City expenditures.

8. PUBLIC HEARINGS - None

9. GENERAL BUSINESS

9.a. UPDATE ON HOMELESS PROGRAM

The City entered into an MOA with San Gabriel Valley Council of Governments (SGVCOG) for funds to support the City's homeless services plan. This included staff costs, training, prevention & diversion programs and hiring a land-use consultant to identify spaces to build a shelter or transitional housing. The land-use consultants, LeSar Development Consultants, identified Loma Elementary School in the El Monte City School District (EMCSD) as a potential family shelter for women with children.

RECOMMENDED ACTION: Staff recommends City Council receive and file this report.

9.b. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 22-35,

APPROVING AGREEMENT BETWEEN THE CITY OF SOUTH EL

MONTE AND THE EL MONTE/SOUTH EL MONTE CHAMBER OF

COMMERCE

The El Monte/South El Monte Chamber of Commerce (Chamber) provides services to the business community and to the City of South El Monte.

The proposed new contract will continue promoting economic development, performing business outreach, and assisting existing businesses and new businesses to establish themselves in the community.

RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 22-35, approving an agreement with the El Monte/South El Monte Chamber of Commerce.

GENERAL BUSINESS (CONTINUED)

9.c. CONSIDERATION AND APPROVAL TO ESTABLISH A SECTION 115

TRUST WITH THE PUBLIC AGENCY RETIREMENT SERVICES (PARS)

AND PROPOSE ENTERING INTO AN AGREEMENT

The City currently has an unfunded Other Post-Employment Benefits (OPEB) liability of $1.928 million based upon the most recently completed actuary report. This liability results from not setting aside funds to meet future obligations for employee medical premiums. To address this liability, the City is proposing to enter into an agreement with Public Agency Retirement Services (PARS) to establish an IRS Section 115 Trust and to manage funds on behalf of the City. PARS was determined to be the most qualified Fund Manager based on achieving the highest investment earnings and personalized care for their clients. The City desires to establish an IRS Section 115 Trust and develop a funding plan prior to the end of the current fiscal year.

RECOMMENDED ACTION: Staff recommends City Council consider and approve staff engaging with PARS to establish a Section 115 Trust and funding strategy to address the unfunded OPEB liability. The contract and funding strategy will be brought back to City Council for final approval prior to implementation.

9.d. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 22-36,

APPROVING A MEMORANDUM OF AGREEMENT (MOA) BETWEEN

COUNCIL FOR WATERSHED HEALTH (CWH) AND THE CITY OF

SOUTH EL MONTE - MERCED AVENUE GREENWAY PROJECT

The Merced Avenue Greenway Project in the City of South El Monte is a multi-benefit green street project which includes decentralized Low Impact Development (LID) Best Management Practices (BMPs) within the street right-of-way that slow, capture, treat, and infiltrate storm water runoff.

Council for Watershed Health is a recipient of the U.S. Department of the Interior’s WaterSMART Program funding for the implementation of the Merced Avenue Greenway project administrated by the U.S. Bureau of Reclamation. This Memorandum of Agreement (MOA) is to establish a mutual agreement between CWH and the City of South El Monte to comply with the grant requirements.

RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 22-36, approving an MOA between the Council for Watershed Health (CWH) and the City of South El Monte for the Merced Avenue Greenway Project and authorizing the City Manager and/or designee to execute the MOA with Council for Watershed Health.

GENERAL BUSINESS (CONTINUED)

9.e. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 22-37,

AWARDING A PROFESSIONAL SERVICES AGREEMENT (PSA) TO
KIMLEY-HORN AND ASSOCIATES, INC. FOR PLANNING &

ENGINEERING SERVICES FOR THE PREPARATION OF A LOCAL

ROADWAY SAFETY PLAN (LRSP)

Staff seeks City Council approval to award a Professional Services Agreement (PSA) to Kimley-Horn and Associates, Inc., as the lowest responsive and responsible bidder to provide Planning & Engineering Services for the Preparation of a Local Roadway Safety Plan (LRSP).

RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 22-37, awarding a professional services agreement to Kimley-Horn and Associates, Inc. for Planning & Engineering Services for the Preparation of a Local Roadway Safety Plan (LRSP) in the amount of $39,976.88.

10. COMMITTEE REPORTS, INCLUDING AB 1234 REPORTS
AB 1234, section 53232.3(d) requires Members of a legislative body to provide brief reports on meetings attended at the expense of the local agency (i.e., League of California Cities Conferences, ICSC conferences, etc.) at the next regular meeting of the legislative body.

11. CORRESPONDENCE - None

12. COUNCILMEMBERS’ AGENDA - None

13. CLOSED SESSION

13.a. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
City Negotiator: City Manager
Employee Organizations: South El Monte Employees Association and the South El Monte Executive Management Team Association

14. RECESS COUNCIL MEETING

15. ANNOUNCEMENT BY THE CITY CLERK (PRIOR TO CONVENING THE

SUCCESSOR AGENCY MEETING)
Pursuant to Government Code Section 54952.3, Board Members do not receive any compensation or stipend for attending the Successor Agency meeting.

SUCCESSOR AGENCY MEETING

16. CALL TO ORDER AND ROLL CALL
Board Members: Angel, Delgado, Retamoza, Vice Chair Acosta, and Chair Olmos

17. APPROVAL OF AGENDA
This is the time for the Board to remove any items from the consent calendar for individual consideration, table, continue, add items, or to make a motion to rearrange the order of this agenda.

18. PUBLIC COMMENTS
Speakers may provide public comments on any matter within the subject matter jurisdiction of the Board, including items on the agenda. Each speaker will be limited to five minutes. Unless a majority of the Board objects, the Chair may provide speakers more or less time to speak. All comments or queries shall be addressed to the Board as a body and not to any specific member thereof.

Pursuant to Government Code Section 54954.2(a)(2), the Ralph M. Brown Act, no action or discussion by the Board shall be undertaken on any item not appearing on the posted agenda, except to briefly provide information, ask for clarification, provide direction to staff, or schedule a matter for a future meeting.

19. CONSENT CALENDAR
Items on the Consent Calendar are considered to be routine and customary and are enacted by a single motion with the exception of items previously removed by a member of the Board during "Approval of the Agenda" for individual consideration. Any items removed shall be individually considered immediately after taking action on the Consent Calendar.

19.a. CONSIDERATION AND APPROVAL OF THE SUCCESSOR AGENCY MEETING MINUTES FOR APRIL 26, 2022

Staff is requesting approval of the Minutes of the April 26, 2022, Successor Agency Meeting.

RECOMMENDED ACTION: Staff recommends the Board approve the Successor Agency Meeting Minutes of April 26, 2022.

20. EXECUTIVE DIRECTOR'S AGENDA

21. ADJOURNMENT OF SUCCESSOR AGENCY MEETING

22. RECONVENE AND ADJOURN COUNCIL MEETING
Tuesday, June 14, 2022, at 6:00 p.m.

I Donna G. Schwartz, hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted not less than 72 hours at the following locations: City of South El Monte City Hall, Senior Center and Community Center and made available at www.cityofsouthelmonte.org on this 19th day of May 2022.

City Clerk, CMC

City Council Agenda Report
Agenda Item No. 4.a.

DATE: May 24, 2022
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rachel Barbosa, City Manager
SUBMITTED BY: Rene Salas, Deputy City Manager
SUBJECT: Scholarship Presentation By The El Monte/South El Monte Chamber of Commerce
SUMMARY:

RECOMMENDED ACTION:

FISCAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

None

City Council Agenda Report
Agenda Item No. 4.b.

DATE: May 24, 2022
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rachel Barbosa, City Manager
SUBMITTED BY: Rene Salas, Deputy City Manager
SUBJECT: Sheriff's Department Report for the Month of April SUMMARY:

RECOMMENDED ACTION:

FISCAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

A. Presentation

South El Monte
April 2022
Crime Statistics

South El Monte
Part I Crime Statistics – April 2022

South El Monte
Part I Crime Statistics – April2022

South El Monte
Part I Crime Statistics – Monthly Breakdown 2022
& Arrests
South El Monte 2021 2022
Arrests 609 373
YTD 4/30
South El Monte January February March April May June July August September October November December Total Homicide 1 0 0 0 1
Rape 0 0 0 0 0
Aggravated Assault 9 6 3 4 22
Robbery 3 5 2 3 13
Burglary 36 41 19 28 124
Theft 33 28 28 26 115
Grand Theft Auto 12 15 16 26 69
Arson 0 1 0 0 1
Total 94 96 68 87 0 0 0 0 0 0 0 0 345
South El Monte
Res Burg 5
Other Burg 119
Petty Theft 28
Grand Theft 43
Theft from Vehicle 44

City Council Agenda Report
Agenda Item No. 4.c.

DATE: May 24, 2022
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rachel Barbosa, City Manager
SUBMITTED BY: Colby Cataldi, Community Development Director SUBJECT: Code Enforcement and Public Safety Department Report for the Month of April
SUMMARY:

RECOMMENDED ACTION:

FISCAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

A. Presentation

City of South El Monte
Public Safety Report
April 2022 Recap
Colby Cataldi, Director
Community Development/Public Works

Code Cases by Location
April - 41
Building Code.………………………………. 3
Property Maintenance.…………………. 11
Streets/Public Places…………………….. 7
Health and Safety / Public Nuisance… 3
Vehicle/Traffic….……………………………. 8
Business………………………………………... 7
Zoning …………………………………………… 2

Parking Citations
April - 467
0 2 4 6 8 10 12 14 16 18

NO PARKING/STOPPING ZONE
80" W PARKED OVER 30 MIN

POSTED SIGNS

DISCONNECTED TRAILER

FOR SALE

LAWN PARKING
RED

BLOCKING DRIVEWAY

ON SIDEWALK

DOUBLE PARK
18' FROM CURB
15FT FROM HYDRANT

NO CURRENT TAGS
OTHER
2 16
17 2
0 0
7 3
10 3
7 11
2 17
(141)
(168)
STREET SWEEPING - 370
Night - Non-Residential Day - Residential

825 Lexington Gallatin - 21 AC
Demolition Scheduled for
May 26th
Property Maintenance

Property Maintenance
Cielito Lindo (1612 Tyler | 10819 Michael Hunt)
§ NOV issued to abate properties (including fencing of restaurant site) § Site maintenance services for restaurant property start week of May 23rd § Debris removal for industrial property start week of May 23rd 1536 Peck Road - cleaned by new owner

Affordable Housing Update
Horizon Townhomes
* 6 units SOLD *
ECHO Communities – 5 units SOLD!

SB 1383 Local Assistance Grant Program - Awarded
Eligible Costs: Award: $31,092
Ø Personnel and Consulting Professional Services
Ø Safety Equipment and Training
Ø Education and Outreach Materials
Ø Inspections and Enforcement

City Council Agenda Report
Agenda Item No. 7.a.

DATE: May 24, 2022
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rachel Barbosa, City Manager
SUBMITTED BY: Donna Schwartz, City Clerk
SUBJECT: CONSIDERATION AND APPROVAL OF THE REGULAR CITY COUNCIL MEETING MINUTES FOR MAY 10, 2022
SUMMARY: Staff is requesting approval of Minutes for the May 10, 2022 Regular City Council Meeting.

RECOMMENDED ACTION: Staff recommends City Council approve the Minutes of the Regular City Council Meeting of May 10, 2022.

FISCAL IMPACT: None.

DISCUSSION: None.

ATTACHMENT(S):

A. Minutes

CITY OF SOUTH EL MONTE

REGULAR CITY COUNCIL MEETING MINUTES
TUESDAY, MAY 10, 2022 - 6:00 PM

1. ROLL CALL
Mayor Olmos called the meeting to order at 6:00 PM
PRESENT: Councilmember(s): Angel, Delgado (Via Zoom), Retamoza, Mayor Pro Tem Acosta, and Mayor Olmos
STAFF PRESENT: Rachel Barbosa, City Manager; Anthony R. Taylor, City Attorney; Donna G. Schwartz, City Clerk; Rene Salas, Deputy City Manager; Colby Cataldi, Community Development Director; William Fox, Interim Finance Director; Jayson Perez, Recreation Coordinator and Paola Lara, Deputy City Clerk.

Zoom was provided for the Public to participate during public comment via teleconference.

2. PLEDGE OF ALLEGIANCE – Councilmember Gracie Retamoza led the Pledge of Allegiance.

3. INVOCATION – Pastor Don Antelo, Calvary Chapel of South El Monte offered the Invocation.

4. PRESENTATIONS: None.

4.a. Mayor Olmos read a proclamation proclaiming May 15 - 21, 2022, as National Public Works Week.

4.b. City Council presented a plaque to the El Monte/South El Monte Chamber of Commerce, In Recognition of Their "100th Anniversary" and 57 Years of Partnership with the City of South El Monte.

4.c. City Council received a presentation from Scott Bradshaw, SiFi Networks, on FiberCity.

5. APPROVAL OF THE AGENDA AND WAIVER OF FULL READING OF

ORDINANCES
Mayor Olmos requested to move General Business item 9.b. to be discussed before item 9.a.

A motion was made by Councilmember Angel, seconded by Mayor Pro Tem Acosta, to approve the agenda as amended to move General Business item 9.b. to be discussed before item 9.a. Motion carried 5-0, by the following vote:

AYES: Councilmember(s): Angel, Delgado, Retamoza, Mayor Pro Tem Acosta and Mayor Olmos
NAYS: Councilmember(s): None

6. PUBLIC COMMENT
Mayor Olmos opened public comment.

1. Blanca Villa, President and Alex Preciado, Cheer Coordinator for El Monte/South El Monte Jets, spoke in support of General Business item 9.b.

2. Ruby Rose Yepez (via zoom), resident, spoke in favor of the SiFi Networks Fiber City program and suggested jobs for the program be offered locally and training be offered through the Chamber of Commerce for construction laborers.

3. Paul Hernandez (via zoom), Executive Director for Water Education for Latino Leaders, invited the City Council to a conference on critical issues regarding water on June 10 – 11, 2022.

4. Heidi Carillo, resident, spoke in opposition of allowing cannabis businesses to operate in the city.

There being no further comment, Mayor Olmos closed public comment.

Councilmember Delgado thanked Paul Hernandez for the invitation to the conference and announced El Monte Union High School District is offering a construction management program for students.

7. CONSENT CALENDAR
A motion was made by Councilmember Angel, seconded by Mayor Pro Tem Acosta to approve the Consent Calendar. Motion carried 5-0 by the following vote:

AYES: Councilmember(s): Angel, Delgado, Retamoza, Mayor Pro Tem Acosta, and Mayor Olmos
NAYS: Councilmember(s): None

7.a. Approved Minutes for the Regular City Council Meeting held April 26, 2022.

7.b. Adopted Resolution No. 22-32, approving warrants for the period of April 27, 2022, through May 10, 2022, totaling $907,394.50.

7.c. Adopted Resolution No. 22-33, proclaiming a local emergency persists and authorizing the use of alternative meeting procedures by the City’s

legislative bodies, such as utilizing a virtual platform (e.g. Zoom) for the period of May 10, 2022 through June 8, 2022.

8. PUBLIC HEARINGS: None

9. GENERAL BUSINESS
ITEM 9.b. MOVED UP FOR DISCUSSION UNDER APPROVAL OF AGENDA

9.b. FACILITY FEE WAIVER REQUEST FROM EL MONTE/ SOUTH EL

MONTE JETS FOR THE USE OF THE SOUTH EL MONTE COMMUNITY

CENTER FACILITY, NEW TEMPLE PARK FIELDS, AND SHIVLELY

PARK FIELD
Mayor Olmos announced the item.

Jayson Perez, Recreation Coordinator, presented the staff report.

A motion was made by Mayor Pro Tem Acosta, seconded by Councilmember Angel to approve the facility reservation fee waiver requested by the Jets in the amount of $14,060.00. Motion carried 5-0 by the following vote:

AYES: Councilmember(s): Angel, Delgado, Retamoza, Mayor Pro Tem Acosta, and Mayor Olmos
NAYS: Councilmember(s): None

9.a. CITY COUNCIL DISCUSSION AND DIRECTION CONCERNING

POTENTIAL FUTURE CANNABIS REGULATIONS AND TAXES
Mayor Olmos announced the item.

City Attorney Anthony R. Taylor introduced Robert Khuu, Attorney with Aleshire & Wynder, LLP, who presented a PowerPoint on Federal, State and Local Regulation on Cannabis including: Federal Regulation, California’s Path to Cannabis Legalization – Medicinal Use, California Law Today, State Cannabis Regulation Under MAUCRSA, State License Types – Retailer, Distributor, Manufacturer, Cultivator, Testing Laboratory, Microbusiness, Cannabis Events, Local Regulations, Establishment, Implementation, and Cannabis Taxation – State and Local.

Discussion ensued among City Council, City Attorney Anthony R. Taylor, and Robert Khuu on three options presented to City Council:

1. Take no action and continue to ban cannabis businesses in the City.

2. Direct city staff to prepare and agendize for a future Planning Commission and council meeting consideration of new business and zoning regulations to govern cannabis cultivation and sales.

3. Direct the City Attorney to draft a measure in the next 30 days that the City Council could submit to the voters for the November 2022 election that includes provisions relating to the implementation of cannabis business taxes and zoning regulations.

Councilmember Angel recommended to approve option 2. Mayor Olmos concurred with Councilmember Angel adding the amendment that the item be brought to City Council for discussion before Planning Commission. City Attorney Anthony R. Taylor stated that all that was needed was a consensus by Council.

Mayor Olmos reiterated the consensus.

Councilmember Delgado felt a motion needed to be made and motioned to approve option 2 directing city staff to prepare and agendize for a future Planning Commission, and City Council meeting consideration of new business and zoning regulations to govern cannabis cultivation and sales, and to include that City Council be the ultimate body making the decisions and regulations for cannabis businesses. Motion died due to lack of a second.

Another motion was made by Councilmember Delgado to approve option 1 to take no action and continue to ban cannabis businesses in the City. Motion died due to lack of a second.

City Council as a consensus went with option two and directed city staff to prepare and agendize for a future City Council, Planning Commission, and City Council meeting consideration of new business and zoning regulations to govern cannabis cultivation and sales with the exception of the item being brought before Council for discussion before being approved by the Planning Commission and coming back to Council for approval and adoption.

10. COMMITTEE REPORTS, INCLUDING AB 1234 REPORTS
Mayor Pro Tem Acosta announced his attendance at the City of South El Monte’s Senior Center Grand Re-Opening, City of South El Monte’s National Day of Prayer, City of South El Monte’s Cinco de Mayo Festival and Boxing Show, Community Services Senior Center Cinco de Mayo Luncheon and Mother’s Day Luncheon.

Councilmember Retamoza announced her attendance at the Epiphany School Sheriff’s Meet and Greet, Hilda Solis’ Asian Pacific Islander Celebration, City of South El Monte’s Staff Development and Team Building event, City of South El Monte’s Cinco de Mayo Festival and Boxing Show, and Rush Street and Rosemead Boulevard Enhancement Plan Ad Hoc meeting.

Councilmember Delgado announced his attendance at the Foothill Transit Governing Board meeting.

Councilmember Angel announced his attendance at the City of South El Monte’s Cinco de Mayo Festival and Boxing Show, City of South El Monte’s Staff Development and Team Building event, and City of South El Monte’s Senior Center Grand Re-Opening.

Mayor Olmos announced her attendance at the Community Kickoff to Create a New Commission for the Advancement of Women and Girls, City of South El Monte’s Staff Development and Team Building event, City of South El Monte’s National Day of Prayer, Epiphany School Sheriff’s Meet and Greet, Rush Street and Rosemead Boulevard Enhancement Plan Ad Hoc meeting, San Gabriel Valley Council of Governments meeting, Community Services Senior Center Cinco de Mayo Luncheon and Mother’s Day Luncheon, and Hilda Solis’ Asian Pacific Islander Celebration.

11. CORRESPONDENCE:

11.a. LETTER FROM SOUTH EL MONTE NATIONAL LITTLE LEAGUE (SEMNLL) REQUESTING A FEE WAIVER FOR THE LABOR COST TO

INSTALL ONE BASEBALL AND TWO SOFTBALL FIELD FENCES
Mayor Olmos announced the item.

A motion was made by Mayor Pro Tem Acosta, seconded by Councilmember Angel to approve the fee waiver request by South El Monte National Little League for the labor cost of installing one baseball and two softball field fences in the amount of $1,150.00. Motion carried 5-0 by the following vote:

AYES: Councilmember(s): Angel, Delgado, Retamoza, Mayor Pro Tem Acosta, and Mayor Olmos
NAYS: Councilmember(s): None

12. COUNCILMEMBERS’ AGENDA: None

13. CLOSED SESSION:

At 8:19 p.m. City Attorney Anthony R. Taylor recessed Council into closed session.

13.a. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to Government Code Section 54957.6
City Negotiator: City Manager
Employee Organizations: South El Monte Employees Association and the South El Monte Executive Management Team Association

At 9:29 p.m. Mayor Olmos reconvened to open session.

City Attorney Anthony R. Taylor announced City Council discussed item 13.a. No action taken, nothing to report.

14. ADJOURNMENT
There being no further business coming before this body, at 9:29 p.m. Mayor Olmos adjourned the meeting to a regular meeting on Tuesday, May 24, 2022, at 6:00 p.m.
______________________________ ______________________
Donna G. Schwartz, CMC, City Clerk Gloria Olmos, Mayor

City Council Agenda Report
Agenda Item No. 7.b.

DATE: May 24, 2022
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rachel Barbosa, City Manager
SUBMITTED BY: William Fox, Interim Finance Director
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO. 22- 34, APPROVING WARRANTS FOR THE PERIOD OF MAY 11,
2022, THROUGH MAY 24, 2022
SUMMARY: Authorizing payment of City expenditures for the period of May 11, 2022 through May 24, 2021 totaling $370,178.24
RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 22- 34, authorizing payment of City expenditures.

FISCAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

A. Resolution No. 22-34
B. Warrants

RESOLUTION NO. 22-34

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL

ALLOWING CERTAIN CLAIMS AND DEMANDS FOR THE
PERIOD OF MAY 11, 2022, THROUGH MAY 24, 2022,
TOTALING $370,178.24

THE CITY COUNCIL OF THE CITY OF SOUTH EL MONTE DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1: That in accordance with Section 37202 of the Government Code, the Finance Director hereby certifies to the accuracy of the following demands and the availability of funds for payment thereof.
_____________________________________
Finance Director
SECTION 2: That the following claims and demands have been audited as required by law and that the same are hereby allowed in the amount hereafter set forth.

CLAIMANT CLAIM PERIOD WARRANT #’S AMOUNT
FY 21/22 Electronic Warrants 05/11/2022-05/24/2022 DFT0000102- DFT0000117
$85,012.21
FY 21/22 Hand Typed Warrants 05/11/2022-05/24/2022 10242-10252 $57,693.67 FY 21/22 Regular Warrants 05/11/2022-05/24/2022 10253-10312 $104,067.19 Payroll Check PPE 05/14/2022 1028-1036 $7,147.06
Payroll Direct Deposit PPE 05/14/2022 1398-1485 $116,258.11 TOTAL EXPENDITURES RESOLUTION NO. 22-34: $370,178.24
PASSED, APPROVED, AND ADOPTED this 24th day of May 2022. __________________________________
Gloria Olmos, Mayor
ATTEST:
_____________________________
Donna G. Schwartz, City Clerk

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF SOUTH EL MONTE )
I, Donna G. Schwartz, City Clerk of the City of South El Monte, do hereby certify that the foregoing Resolution, being Resolution No. 22-34, was duly passed and approved by the City Council of the City of South El Monte at a regular meeting of said Council held on the 24th day of May 2022, and that said Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________
Donna G. Schwartz, City Clerk

City Council Agenda Report
Agenda Item No. 9.a.

DATE: May 24, 2022
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rachel Barbosa, City Manager
SUBMITTED BY: Rene Salas, Deputy City Manager
SUBJECT: UPDATE ON HOMELESS PROGRAM
SUMMARY: The City entered into an MOA with San Gabriel Valley Council of Governments (SGVCOG) for funds to support the City's homeless services plan. This included staff costs, training, prevention & diversion programs and hiring a land-use consultant to identify spaces to build a shelter or transitional housing. The land-use consultants, LeSar Development Consultants, identified Loma Elementary School in the El Monte City School District (EMCSD) as a potential family shelter for women with children.

RECOMMENDED ACTION: Staff recommends City Council receive and file this report.

FISCAL IMPACT: No fiscal impact at this time.

DISCUSSION: On June 13, 2017, the County of LosAngeles Board of Supervisors approved Measure H funding allocations in support of the County's Homeless Initiatives to prevent and combat homelessness in the County.

In September 2017, the City applied for and was awarded a $30,000 City Planning Grant to create a city-specific homeless plan based on our 2017 Homeless County numbers.

The City entered into an agreement with the San Gabriel Valley Council of Governments ("SGVCOG") to select a consultant to work with cities in the region and administer the planning grant. On January 10, 2018, the SGVCOG governing board, with input from the member cities, selected LeSar Development Consultants to assist each city with the development of a homeless plan.

In June of 2018 at a City Council meeting, City Council approved the City's plan to prevent and combat homelessness.

On July 14, 2022, the City entered into an MOA with SGVCOG for funds to support our homeless plan.

The mandated business and public area closures due to the COVID-19 pandemic impacted our plans to roll out homeless services in 2020 and the first half of 2021. During this period, staff training for entry point assessment of homeless clients was completed.

In Late August of 2021, the City was able to begin offering homeless services that included hotel vouchers, groceries, car repairs, and paying for private storage. Staff worked with Union Station to follow up with homeless clients on longer term issues, including more permanent housing and employment options.

In November of 2021, City Council approved a letter of support that was sent to County Supervisors Hilda L. Solis and Kathryn Barger requesting more local funding for homeless services. About this time, staff entered into discussions with EMCSD regarding the potential opportunity to convert their existing school property on Loma Ave. into a shelter for women with children.

LeSar Consultants, the City's land-use consultant, has prepared the attached PowerPoint presentation that describes the City's proposal to convert the existing Loma School into a shelter for women with children. Staff will present this document to the El Monte City School District Superintendent for consideration and a future presentation to the School Board of Trustees.

ATTACHMENT(S):

A. Loma School Site Proposal
B. Loma School Design Package

ATTACHMENT A

1 Envisioning
the future of the
Loma School site
Continuing a legacy of
service to the community
as interim housing

2 City of South El Monte’s Ask
The City would like to enter into an
exclusive negotiating agreement with
EMCSD on acquisition of the Loma
School Site that would include a period
to work collaboratively on the
development program and valuation.

3 City of South El Monte’s Vision

4 Proposed
Site Plan

5 Existing conditions
• 3.38 acres total • 1.7 acres in use by school • 24,000 square feet of school buildings
• Parking, playgrounds,
asphalt courts
• Administrative offices and
Head Start program
• Softball field not being
considered as part of
proposed interim housing

6 Alignment with EMCSD Strategic Plan
We will be an innovative school district in which
students achieve at their highest potential,
surrounded by an engaged community that is
proud and supportive of its educational system.

Vision
The El Monte City School District, in partnership
with the students, families and the community,
cultivates leadership, creativity and educational
excellence. By creating multiple opportunities for
learning, we develop students’ unique abilities to
succeed and contribute positively in our diverse
society.

Mission

7 0
1,000
2,000
3,000
4,000
5,000
6,000
7,000
8,000
9,000
10,000
2014-15 2015-16 2016-17 2017-18 2018-19 2019-20 2020-21 EMCSD: Declining Student Population,
Steady Homelessness
Decline in student enrollment
from 2014-15 to 2020-2021, with
students experiencing
homelessness remaining steadily
above 1,000 per year.
16%
Total student population
Students experiencing homelessness Source: California Department of Education

8 Benefits to EMCSD
Supporting local
students whose
families are
experiencing
homelessness by
providing land for
interim housing
Strengthen school
district financially
through income from
property sale
Serve as an example of
innovation
Other benefit? Other benefit?

9 Using Former School Land for
Homes and Developing Interim
Housing: Two Well-Worn Paths

10 School Districts Selling Land for Housing
South Pasadena
Pomona
Covina-Valley
Conejo Valley
Sold former district headquarters for $14.5 million to developer with plans to renovate historic building and add mixed-use project
Gradually sold surplus properties, many of which laid vacant for years and were bought during a growing phase
Recently sold three properties, including two closed schools, after a yearslong public process to hear community feedback around density and height Sold historic Timber School site in 2015 with plans for housing and other uses.

City has approved various plans, but no development yet

11 Interim Housing
Success Stories
Homekey: $3.6 billion of interim and
permanent housing, 2020-2023
Project ex. 1
Description of
project
Project ex. 2
Description of
project
Project ex. 3
Description of project
Project ex. 4
Description of
project
2020
18 Interim
projects
1,049
Units
$136M
Estimated funding
2021
(As of April 1)
11 Interim
projects
736
Units
$190M
Funding

12 South El Monte’s Proposed
Site Program
140 Safety 9,000
Total number of
people that can be
housed in 42 family
dwellings
Secure private and
communal spaces
Square feet of
office, service, and
community spaces

13 Next Step:

Exclusive Negotiating
Agreement (ENA) SEM can be a trusted partner to
develop the Loma School site for
interim housing
City wishes to enter into ENA
with EMCSD to negotiate sale of
Loma School site

14 Thank you!

ATTACHMENT B

LDC | Loma Elementary School Transitional Housing GGA | Architecture + APRIL 27 2022
Loma ES Transitional Housing
South El Monte, CA
April 27, 2022

LDC | Loma Elementary School Transitional Housing GGA | Architecture + APRIL 27 2022
Site Conditions

1.7 Acres
APNs: 5281-001-900 to 907
N

1.92 Acres

LDC | Loma Elementary School Transitional Housing GGA | Architecture + APRIL 27 2022
Existing Conditions
120’ x 95’
11,400 SF
CR 01
MULTI

PURPOSE
ADMIN
CR 02
CR 05
CR 06
CR 10
CR 09
CR 11
CR 14
CR 15
CR 16
CR 12
CR 08
CR 07
CR 04
13 KINDER
CR 03
A B
E
C RR
D
F
G 80’ x 65’
5,200 SF
Parking Lot
27 Spaces

LDC | Loma Elementary School Transitional Housing GGA | Architecture + APRIL 27 2022
Removal and Addition of Buildings
A B
E
C
D
F
G
LEGEND

TO BE REMOVED

TO BE ADDED

LDC | Loma Elementary School Transitional Housing GGA | Architecture + APRIL 27 2022
Proposed Program Organization
A B
E
COMMON

PRIVATE
C
D
F
G
COMMON

PRIVATE
LEGEND

DWELLINGS COMMON SPACES/SERVICES

ADDED OPEN SPACE

LDC | Loma Elementary School Transitional Housing GGA | Architecture + APRIL 27 2022
Proposed Site Plan

PLAYGROUND

CHILD CARE

AFTER SCHOOL

FITNESS

CENTER LAUNDRY

EMPLOMENT

SERVICES/
COMP. LAB

HEALTH &
MENTAL
CARE
A
E B
C
D
F
G

PLAYGROUND

RESTROOMS

STORAGE
DOG
PARK

COMMUNITY
ROOM

RESIDENT

SERVICES/
CASE MGMT.

PARKING LOT

LAUNDRY
LEGEND
FAMILIES OF 1-3 COMMON SPACES/
FAMILIES OF 4-5 SERVICE PROGRAM
FAM. OF 1-3 35

DWELLING UNITS
FAM OF 4-5 07
GRAND TOTAL 42

FENCE LINE

PROGRAM

COMMON SPACES / SERVICE PROGRAM

BUILDING A
Healthcare Services
Mental Health Services
600 SF
Case Management Services
Legal Assitance
GED Programming Classes
1200 SF
Employment Services
Computer Lab
600 SF

BUILDING E
Community Room
Study Space
Group Meetings
Workshops
Training
Mail Room
1840 SF
BUILDING D (Two Classrooms)
Childcare Services
After School Program
1200 SF

BUILDING F
Fitness Center 900 SF
Laundry 900 SF

BUILDING G
General Storage
Bicycle Storage
900 SF
CONNECT HOMES COMMON PROG.

Restroons 320 SF
Laundry 320 SF
DWELLINGS FOR FAMILES OF 1-3
35 UNITS @ APPROX. 320 SF
DWELLINGS FOR FAMILES OF 4-5
07 UNITS @ APPROX. 640 SF

LDC | Loma Elementary School Transitional Housing GGA | Architecture + APRIL 27 2022
Enlarged Floor Plans

BUILDING A
(EXISTING)

SMALL FAMILY VILLAGE
(NEW)

PLAYGROUND

EMPLOMENT

SERVICES/

COMPUTER LAB
600 SF

HEALTH & MENTAL
CARE
600 SF

RESIDENT SERVICES/
CASE MGMT.
1200 SF

LEGAL ASSISTANCE

GED PROGRAMMING/

CLASSES

LAUNDRY
LEGEND
FAMILIES OF 1-3 COMMON SPACES/
FAMILIES OF 4-5 SERVICE PROGRAM

LDC | Loma Elementary School Transitional Housing GGA | Architecture + APRIL 27 2022
Connect Homes - Connect Shelters
TINY HOME 8X40 - 320 SF

FULL ADA BATHROOM WITH LIVING SPACE

LDC | Loma Elementary School Transitional Housing GGA | Architecture + APRIL 27 2022
Enlarged Floor Plans

BUILDING E
(EXISTING)

BUILDING B
(EXISTING)

COMMUNITY
ROOM
1840 SF

STUDY SPACE

GROUP MEETINGS

WORKSHOPS

TRAININGS

MAIL ROOM
LEGEND
FAMILIES OF 1-3 COMMON SPACES/
FAMILIES OF 4-5 SERVICE PROGRAM

LDC | Loma Elementary School Transitional Housing GGA | Architecture + APRIL 27 2022
Enlarged Floor Plans

BUILDING F
(EXISTING)

BUILDING D
(EXISTING)

BUILDING C
(EXISTING)
DOG
PARK

PLAYGROUND

CHILD CARE/

AFTER SCHOOL
1200 SF

TWO CLASSROOMS

FITNESS
CENTER
900 SF

ART/MUSIC/
DANCE

THERAPY
STUDIO

LAUNDRY
900 SF

BUILDING G STORAGE

EQUIPMENT, BICYCLE,

GENERAL

RESTROOM
LEGEND
FAMILIES OF 1-3 COMMON SPACES/
FAMILIES OF 4-5 SERVICE PROGRAM

City Council Agenda Report
Agenda Item No. 9.b.

DATE: May 24, 2022
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rachel Barbosa, City Manager
SUBMITTED BY: Rene Salas, Deputy City Manager
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO. 22- 35, APPROVING AGREEMENT BETWEEN THE CITY OF

SOUTH EL MONTE AND THE EL MONTE/SOUTH EL MONTE

CHAMBER OF COMMERCE
SUMMARY: The El Monte/South El Monte Chamber of Commerce (Chamber) provides services to the business community and to the City of South El Monte. The proposed new contract will continue promoting economic development, performing business outreach, and assisting existing businesses and new businesses to establish themselves in the community.

RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 22- 35, approving an agreement with the El Monte/South El Monte Chamber of Commerce.

FISCAL IMPACT: Funding of $20,000 will be allocated for 2022/23 fiscal year.

DISCUSSION: The City of South El Monte has a long partnership with the Chamber. The attached agreement will allow the chamber to continue with economic development outreach, promotion of business and community events, showcase the City at Chamber events, educational programs, and assist with state legislation actions that may impact the city.

ATTACHMENT(S):

A. Resolution No. 22-35
B. Chamber Agreement
C. Presentation

ATTACHMENT A

RESOLUTION NO. 22-35

A RESOLUTION OF THE SOUTH EL MONTE CITY

COUNCIL APPROVING AN AGREEMENT FOR CONTRACT

SERVICES BETWEEN THE CITY OF SOUTH EL MONTE

AND THE EL MONTE/SOUTH EL MONTE CHAMBER OF

COMMERCE
WHEREAS, the Chamber of Commerce (“Chamber”) has provided the City professional business development and sustainability services, assistance with legislative actions, and has represented the City’s business community at various events; and
WHEREAS, the City has benefited from these services that increased business development and job opportunities; and
WHEREAS, the City would like to maintain the services provided for fiscal year 2022-2023.

NOW, THEREFORE, BE IT RESOLVED that the CITY COUNCIL OF THE CITY OF SOUTH EL MONTE HEREBY RESOLVES AS FOLLOWS:

1. Approves the contract services agreement between the City and the Chamber as may be amended and approved as to form by the City Attorney; and

2. The City hereby approves the funding in the amount of $20,000 to be paid in four quarterly installments of Five Thousand dollars ($5,000) for fiscal year 2022 -2023.

PASSED, APPROVED, AND ADOPTED this 24th day of May, 2022. ________________________________
Gloria Olmos, Mayor
ATTEST:
____________________________
Donna G. Schwartz, City Clerk

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF SOUTH EL MONTE )
I, Donna G. Schwartz, City Clerk of the City of South El Monte, hereby certify that the foregoing Resolution, being Resolution No. 22-35, was passed and approved by the City Council of the City of South El Monte City at a regular meeting of said Council Held on the 24th day of May, 2022 and that Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Donna G. Schwartz, City Clerk

01257.0001/792153.1 1

ATTACHMENT B

2 01257.0001/792153.1

AGREEMENT FOR CONTRACT SERVICES

BETWEEN THE CITY OF SOUTH EL MONTE AND

THE EL MONTE/SOUTH EL MONTE CHAMBER OF COMMERCE
THIS CONTRACT SERVICES AGREEMENT (herein “Agreement”) is made and entered into this 24th day of May, 2022, by and between the CITY OF SOUTH EL MONTE, a municipal corporation (“City”) and the El Monte /South El Monte Chamber of Commerce (herein “Consultant”).

NOW, THEREFORE, the parties hereto agree as follows:

1. SERVICES OF CONSULTANT

1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Consultant shall perform the work or services set forth in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by reference. Consultant warrants that it has the experience and ability to perform all work and services required hereunder and that it shall diligently perform such work and services in a professional and satisfactory manner.

1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction.

1.3 California Labor Law. If the Scope of Services includes any “public work” or “maintenance work,” as those terms are defined in California Labor Code section 1720 et seq. and California Code of Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more, Consultant shall pay prevailing wages for such work and comply with the requirements in California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws.

1.4 Licenses, Permits, Fees and Assessments. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by the Agreement.

1.5 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.

2. COMPENSATION

2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference, but not exceeding the maximum contract amount of Twenty Thousand Dollars ($20,000.00) (“Contract Sum”).

3 01257.0001/792153.1

2.2 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit “C”, and shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.

City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, City will use its best efforts to cause Consultant to be paid within forty five (45) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by the City of any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.3 Additional Services. City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum but not exceeding a total contract amount of Five Thousand Dollars ($5,000) or in the time to perform of up to ninety (90) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

3. PERFORMANCE SCHEDULE

3.1 Time of Essence. Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance. Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding thirty (30) days cumulatively.

3.3 Force Majeure. The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the

4 01257.0001/792153.1
fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding 3 years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”). [The City may, in its sole discretion, extend the Term for additional (3) three one-year terms.]

4. COORDINATION OF WORK

4.1 Representative of Consultant. Ken Rausch is hereby designated as being the representative of Consultant authorized to act on its behalf with respect to the work and services specified herein and make all decisions in connection therewith. All personnel of Consultant and any authorized agents shall be under the exclusive direction of the representative of Consultant. Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, and shall keep City informed of any changes.

4.2 Contract Officer. City Manager [or such person as may be designated by the City Manager] is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and to make all decisions in connection therewith (“Contract Officer”).

4.3 Prohibition Against Subcontracting or Assignment. Consultant shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void.

4.4 Independent Consultant. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth. Consultant shall perform all services required herein as an independent contractor of City with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City, or that it is a member of a joint enterprise with City. Consultant represents and warrants that the personnel used to provide services to the City pursuant to this Agreement are classified by Consultant as employees and that Consultant issues or will issue a W-2 to such personnel.

5 01257.0001/792153.1
In the event that Consultant or any employee, agent, subcontractor, or independent contractor of Consultant providing services under this Agreement claims or is determined by a federal or state agency, a court of competent jurisdiction, or the California Public Employees’ Retirement System (“CalPERS”) to be classified as other than an independent contractor for the City, then Consultant shall indemnify, defend, and hold harmless the City for the payment of any and all assessed fines, penalties, judgments, employee and/or employer contributions, and any other damages and costs assessed to the City as a consequence of, or in any way attributable to, the assertion that Consultant or any of Consultant’s personnel used to provide the Services under this Agreement are other than independent contractors of the City.

5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages. Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. (a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, nonowned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein.
(f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

6 01257.0001/792153.1

5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants. (c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.

7 01257.0001/792153.1
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
(j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.

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(p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification. To the full extent permitted by law, Consultant agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), or arising from Consultant’s or indemnitors’ reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, except claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination or expiration of this Agreement.

6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records. Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services and shall keep such records for a period of three years following completion of the services hereunder. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records.

6.2 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement or as the Contract Officer shall require.

6.3 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than the City without prior written authorization from the Contract Officer.

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(b) Consultant shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives the City notice of such court order or subpoena.
(c) If Consultant provides any information or work product in violation of this Agreement, then the City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify the City should Consultant be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. The City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with the City and to provide the City with the opportunity to review any response to discovery requests provided by Consultant.

6.4 Ownership of Documents. All studies, surveys, data, notes, computer files, reports, records, drawings, specifications, maps, designs, photographs, documents and other materials (the “documents and materials”) prepared by Consultant in the performance of this Agreement shall be the property of the City and shall be delivered to the City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by the City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.

7.2 Disputes; Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article.

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7.3 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue any legal action under this Agreement.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

7.4 Termination Prior to Expiration of Term. This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder, but not exceeding the compensation provided therefore in the Schedule of Compensation Exhibit “C”. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

7.5 Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

8. MISCELLANEOUS

8.1 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of

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race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Consultant shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class

8.2 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

8.3 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of South El Monte, 6330 Pine Avenue, South El Monte, California 90201, and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

8.4 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.

8.5 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

8.6 Waiver. No delay or omission in the exercise of any right or remedy by non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party’s consent to or approval of any act by the other party requiring the party’s consent or approval shall not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

8.7 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which any be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees, whether or not the matter proceeds to judgment.

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8.8 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

8.9 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

8.10 Warranty & Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Consultant warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Consultant’s Authorized Initials _______

8.11 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[Signatures On The Following Page]

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF SOUTH EL MONTE, a municipal
corporation
Rachel Barbosa, City Manager
ATTEST:

Donna G. Schwartz, City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
Anthony R. Taylor, City Attorney
CONSULTANT:

By:

Name:

Title:

By:

Name:

Title:

Address: 1903 Durfee Ave.

Suite 4
South El Monte, CA 91733
IF APPLICABLE: Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES

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SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE

INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF

INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.

01257.0001/792153.1 A-1
EXHIBIT “A”

SCOPE OF SERVICES
 Task A: Economic Business Development
 Independent Advocate for Businesses and Community
 Serve as information bureau to its members and new businesses by properly communicating City information. The information bureau shall serve the business and residential community
 Complimentary Email Blasts to the Chamber Membership
Promoting City events
 Direct inquiries concerning community facilities and services to refer callers to the appropriate City departments
 Business liaison between businesses and City to promote South El Monte as “Business Friendly”. Assist city staff in addressing potential issues of concern with businesses and the city
 Available to work with City staff to coordinate and promote meetings with businesses in order to minimize additional City staff time  Facilitate tours of major businesses with elected officials  Provide Certificate of Origin documentations to US businesses that export goods
 Working close with the Economic Development Department to recruit new businesses to South El Monte
 Semi-Annual updates at City Council meetings
 Task B: Business Advisory Council
 Chamber of Commerce has created a Business Advisory Council (BAC).

The BAC will be comprised of local Chamber member businesses and community leaders that discuss challenges and obstacles in our community. We will address these challenges and offer possible solutions to encourage new business growth and foster a pro-business ecosystem.

The purpose of the BAC is to assist in developing programs and services that focus on the needs of local neighboring business to encourage innovation and growth of small and large businesses. The goal of the Chamber’s BAC is to provide education, advocacy and business development for business members and community involvement.

The BAC will meet quarterly, preferably at lunch and Minutes of our meetings will be kept insuring accountability.

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 Task C: Visitor Business Resource Guide, City Map and 100 Year Anniversary Promotional Magazine
 Create a high-quality city-wide Business Resource Guide, City map 100 year anniversary promotional magazine to assist existing and potential visitors to South El Monte Businesses. Map will facilitate city staff and in promoting the city’s potential venues. Chamber of Commerce is responsible for working with the vendor to ensure accurate business listings and distribution.
 Task D: Promoting the Community
 Maintain up-to-date website with pertinent community information with links to the City
 Distribute unlimited city flyers and calendars (as provided) via email blasts to Chamber membership
 Progressive social media presence on Facebook & instagram promoting the City, businesses and local events
 Welcome and recognize new businesses in the community  Work with local businesses to coordinate charity fundraisers and assist City in sponsoring/hosting events
 Facilitate Ribbon Cuttings/Grand Openings with the city to save city labor costs and time
 Task E: Community Activities - Showcase City dignitaries, employees and businesses at Chamber Events
 Ribbon Cutting Ceremonies
Coordinate and produce Ribbon Cutting ceremonies
complete with City and elected official certificates and city dignitary appearance
 Installation and Awards Event
Coordinate and produce event
 Give a Toy, Give a Joy Toy Drive
Coordinate and produce the event that raises funds
and donations to local charities
 Taste and Sounds of El Monte/South El Monte
Coordinate and produce the event to promote local restaurants and talent.
 Christmas Tree Lighting Ceremony
Presentation of Chamber ornament representing the businesses  Elected Official Legislative Luncheons

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Coordinate and produce these events to showcase the City of South El Monte and host elected officials for exposure to our businesses and residents.
 Work with the Chamber’s Non-Profit Organization fund-raising efforts and endorsements – South El Monte/El Mote Chamber of Commerce Educational Foundation
 Principal for a Day - Produce and coordinate the annual event with the El Monte Union High District (EMUHSD)
 Back to School Resource Fair - Assist South El Monte’s event by providing school supplies (crayons, folders, notebook
 Car Show – sometime in September at Community Center Parking lot  Classic Golf Tournament – California Country Club
 Task F: Educational Programs
Chamber will coordinate workshops specific to the needs of the community on a as-needed basis. Partial list of topics include: CPR Certification, Workers Compensation Fraud, Recycling and your Business, Small Business Administration Loans, Disaster Preparedness, State Board of Equalization, Financial Workshops, Fire Hydrant use
 South El Monte/El Monte Chamber of Commerce Educational Foundation – Administrator
 Ms. And Mr. Friendly El Monte/South El Monte Pageant Scholarships for our local students.
 Task G: Legislative Involvement
Chamber will be actively involved with local elected officials to maintain awareness and advise City staff of topics of interest. This includes a working Legislative Committee (business and elected official’s representatives) who meet monthly on the third Thursday of the month.
 Chairperson of the San Gabriel Valley Legislative Coalition of Chambers.

Meets monthly on the second Thursday of the month.
 Through the Legislative Committee, provide business information to Chamber members and serve as a forum for City, County, State and Federal interrelationships and dialogue.
 Review and recommend proposed business legislation and concerns to the City
 Write correspondence per requests of staff regarding special interests  Environmental Justice participant with CalEPA
 Work with local utilities (SCE,So Cal Gas, Metro, Metropolitan Water) with their legislative efforts

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I. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:

A. Semi- Annual updates at City Council Meetings
II. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City updated of the status of performance by delivering the following status reports:

A. Semi-Annual updates at the City Council meetings
III. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.

IV. Consultant will utilize the following personnel to accomplish the Services:

A. Christine Knight, Director of Membership and Marketing

01257.0001/792153.1 B-1
EXHIBIT “B”

SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
The Agreement is amended as provided herein. Deleted text is indicated in strikethrough and added text in bold italics.

Section 6.4

6.4 Ownership of Documents. All studies, surveys, data, notes, computer files, reports, records, drawings, specifications, maps, designs, photographs, documents and other materials (the “documents and materials”) prepared by Consultant in the performance of this Agreement shall be the property of the Consultant (if the City of South El Monte (City) pays for the full amount of the event, services or documents and materials, City will be entitled to the documents and materials, if this condition is met) and shall be delivered to the City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by the City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

C-1
01257.0001/792153.1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Consultant shall perform the following Services at the following rates:

Tasks A-H: Paid quarterly in the amount of $5,000 for a maximum annual compensation of $20,000.

II.

III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task sub-budget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 2.3.

IV. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:

A. Line items for all the work performed.

V. The total compensation for the Services shall not exceed the Contract Sum as provided in Section 2.1 of this Agreement.

D-1
01257.0001/792153.1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following schedule:

The schedule
shall be
determined
upon mutual
agreement of
the parties
II. Consultant shall deliver the following tangible work products to the City by the following dates.

A. Quarterly Reports detailing all tasks accomplished during the quarter served on the City in conjunction with the invoice.

B.

C.

III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.

ATTACHMENT C

EL MONTE/SOUTH EL MONTE

CHAMBER OF COMMERCE
“Building Business & Supporting Community”

CHAMBER MISSION STATEMENT
The mission of the El Monte/South El Monte
Chamber of Commerce is to be ambassadors
to the business community and a positive
voice in local economic development, while
advocating strength in education, membership
and government legislation.
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MEMBERSHIP STATISTICS
100 Years Perfecting Business
• Total Chamber of Commerce membership is 450 members.
• 72 members are South El Monte businesses.
• Member retention rate is 85%.
• Chamber of Commerce average is 80%.
• Membership Recruitment using Business License List.
3

LEGISLATION INVOLVEMENT
2020-2022
• Provide feedback, updates and assistance to City Council and City Manager regarding business information and legislative issues. • Provide updates on business, local, state and federal legislative bills. • Legislative forums
• Advocating for issues associated with education, environment & Utilities, infrastructure, labor and regulations.
• Actions of the Legislative Committee is to vote, write letters when necessary and receive reports for our elective representatives. • Host the Legislative Luncheon with state dignitaries.

ECONOMIC DEVELOPMENT
COVID-19 SUPPORT
2020-2022
• Small Business Administration – (EIDL)
• Los Angeles Development Corp.
• Small Business Development Center
• California Relief Grant
• California Small Business Relief Grant
• Los Angeles Regional COVID Fund Grant
• Small Business Administration Restaurant Revitalization • Los Angeles County Business Federation (BIZFED)
• ICSC
• Los Angeles County Health Department
• Center for Disease Control (CDC)
• San Gabriel Valley Legislated Coalition of Chambers
• State Dignities Zoom/Webinars
5

ECONOMIC BUSINESS DEVELOPMENT
The Chamber of Commerce has successfully in the past & will in the future, make every effort to keep the
City of South El Monte progressing in every way.
• Facilitated meeting with Mayor Olmos and Cardinal President Larry Felix in anticipation of selling South El Monte location.
• Tour/Introduction of B.I.G. Enterprises with Mayor Olmos and City Council. • Facilitated meeting of El Monte Wholesale Meats with Mayor Olmos. • Tour/Lunch Introduction of IMS with Mayor Olmos and City Council. • Facilitated Meeting of Cole Lightening with Mayor Olmos, City Council and City Staff.
• Tour/Introduction of Ted Levine Drum Co.
• Tour/Introduction of Leaders Industries Inc.
• Linco Coasters helped with company employments, grants, SBA-Hub Zone Program
• Tour/Introduction with AMRO Fabricating with Mayor Olmos and City Council. • Tour/Introduction of Vacco Industries.
• Greater El Monte Community Hospital monetary donation for Staff Appreciation Day.
6

CHAMBER ACTIVITIES
JANUARY 2020 – DECEMBER 2020
• Events scheduled for 2020, cancelled due to COVID–19
• Stayed Open Normal Operating Hours
• Contacted all chamber members/non-members regarding testing, loans etc… • Chamber members received Chamber Grants regarding membership • Arranged COVID-19 testing for several large businesses within South El Monte • Updated companies on CDC compliance.
• Supplied hand sanitizers, masks, social distance stickers, etc. • Aided companies with Small Grant Application with the SBDC, PPP, EILD loans 7

CHAMBER ACTIVITIES
JANUARY 2021 – DECEMBER 2021
• January: SBDC Application/Webinars
• February 10: Meeting with Mayor Olmos
• February 19: Chamber Golf Tournament, golf by appointment COVID-19 style • Delivered 9 X 9 COVID-19 social distance floor stickers to South El Monte businesses • Zoom meeting with Luis Portilla
• April 24: South El Monte Foster Program
• May 8: Mediator for South El Monte Inspire
• July 14: Chamber Classic Car Show - South El Monte
• August 18: South El Monte High School ribbon cutting
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CHAMBER ACTIVITIES
JANUARY 2022 – MARCH 2022
• January 5: Chamber Morning Breakfast Meeting
• January 14: SGV Conservation Corp Ribbon Cutting
• January 21: Coffee with the Captain
• January 29: CGI Agency Ribbon Cutting
• January, February, March, April and May: SBDC Webinar Wednesday Series • February 2: Chamber Morning Breakfast Meeting
• February 16: Lunch Meeting with Mayor Olmos and SGVE Partnership CEO Luis Portillo • March 2: Chamber Morning Breakfast Meeting
• March 3: Planning Lunch Meeting for SOTC Mayor Olmos/Cater • March 9: Met with City Manager Rachel Barbosa and Deputy City Manager Rene Salas “SOTC” • March 14: Lunch Meeting with Mayor Olmos “SOTC”
• March 16: SOTC Planning Committee Meeting
• March 22: Circus Chamber Mixer
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10 CHAMBER ACTIVITIES
APRIL 2022 – MAY 2022
• EMSEMCA - Mountain View High School Resource Fair
• April 23: El Monte/South El Monte Chamber Centennial Gala- 100 Years Perfecting Business
• April 29: Ice Cream Donation for El Monte Union High School District Appreciation Day
• May 4: Business Building Brunch, Speaker Southern California Edison - Sal Ramirez
• May 5: Prayer Meeting South El Monte
• Kick-Off Multi-Chamber Mixer LA County Fair
• May 14: La Michoacan Ribbon Cutting
• May 18: Meet the Sheriff
• May 25: OnBoard CoWorking Chamber Mixer

PARTNER AGENCIES
• California Chamber of Commerce
• Los Angeles County Federation of Business (BIZ FED)
• San Gabriel Valley Economic Partnership
• San Gabriel Valley Legislative Coalition of Chambers
• Valley Association of Chamber Executives (VACE)
• International Council of Shopping Centers (ICSC)
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QUESTIONS & ANSWERS
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CHAMBER CONTACT INFORMATION
Ken Rausch, CEO: [email protected]
Chris Knight, Director of Marketing & Membership:

[email protected]
El Monte/South El Monte Chamber of Commerce: www.emsem.biz (626) 443-0180
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City Council Agenda Report
Agenda Item No. 9.c.

DATE: May 24, 2022
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rachel Barbosa, City Manager
SUBMITTED BY: William Fox, Interim Finance Director
SUBJECT: CONSIDERATION AND APPROVAL TO ESTABLISH A
SECTION 115 TRUST WITH THE PUBLIC AGENCY

RETIREMENT SERVICES (PARS) AND PROPOSE

ENTERING INTO AN AGREEMENT
SUMMARY: The City currently has an unfunded Other Post-Employment Benefits (OPEB) liability of $1.928 million based upon the most recently completed actuary report.

This liability results from not setting aside funds to meet future obligations for employee medical premiums. To address this liability, the City is proposing to enter into an agreement with Public Agency Retirement Services (PARS) to establish an IRS Section 115 Trust and to manage funds on behalf of the City. PARS was determined to be the most qualified Fund Manager based on achieving the highest investment earnings and personalized care for their clients. The City desires to establish an IRS Section 115 Trust and develop a funding plan prior to the end of the current fiscal year.

RECOMMENDED ACTION: Staff recommends City Council consider and approve staff engaging with PARS to establish a Section 115 Trust and funding strategy to address the unfunded OPEB liability. The contract and funding strategy will be brought back to City Council for final approval prior to implementation.

FISCAL IMPACT: The implementation of a Section 115 Trust and funding strategy will immediately reduce the unfunded OPEB liability of $1.928 million. The transferring of funds into a trust account provides an earnings opportunity for interest income, which will then lower the amount of future payouts to be made for retiree medical premiums. Due to the higher market interest rates currently being experienced, the overall savings to the City is estimated to be $300,000 to $400,000 in lower payouts being made for retiree medical premiums.

DISCUSSION: The Public Employees' Medical & Hospital Care Act (PEMHCA) governs the CalPERS Health Program, which enables agencies to provide a quality health benefits program for employees while reducing financial risk. The program covers State employees by law. Local public agencies and school employers can contract to have

CalPERS provide these benefits for their employees, regardless of whether they contract with the CalPERS retirement program. The City has been participating in the CalPERS Health Program for its employees as well as the retiree medical premiums under PEMHCA. For 2022, the City has been funding 14 retirees on a "pay-as-you-go" basis at a rate of $149 per month per retiree. There are an additional 56 employees that, upon retirement, would qualify to participate. The City has not set any funds aside for future premium payments, thus creating the unfunded OPEB liability of $1.928 million.

The City engaged Kosmont Transaction Services (Kosmont) to assist in analyzing Section 115 Trust providers. Kosmont contacted three (3) well known providers to obtain background information, investing options, and historical interest earnings on investments. As part of their analysis, key metrics were developed and used to compare the three fund providers. The areas of focus were total assets under management, total agencies under contract, trustee fees, and the types of investments the City's funds would be placed in. When doing the comparison of the key metrics, PARS demonstrated the highest 10-year rate of return at 10.83% in the capital appreciation fund. PARS is also the second largest Section 115 trust manager in California. The selection of a well qualified 115 Trust provider will strengthen the City's financial health and provide certainty that the funds will be available in the future to fund the retiree medical payment obligations.

The implementation and funding of the Section 115 Trust follows financial best practices and demonstrates to employee labor groups that the City cares about and recognizes retirees for their past service. By implementation of the Section 115 Trust, the State Auditor in their annual Statewide assessment, will recognize that the City has addressed this past deficiency.

ATTACHMENT(S):

A. Section 115 Trust Presentation

1601 N. Sepulveda Blvd., #382
Manhattan Beach, CA 90266
TEL: 424-297-1070 | URL: www.KosmontTransactions.com
South El Monte, CA
Section 115 Trust Provider Comparison & Direction
Requested to Proceed to Implement a Trust
MAY 24, 2022

EXECUTIVE SUMMARY
 City of South El Monte (City) provides Other Post Employment Benefits (OPEB) to its employees but has not developed a funding approach to address payment of future benefits.  The City is interested in setting up an investment fund (a “Section 115 Trust”) to save for and manage OPEB expenses going forward.
 Kosmont Transactions Services (KTS) was requested for information related to available options for establishing the Section 115 Trust.
 KTS contacted three (3) well known Section 115 Trust providers to obtain some basic information about the available options for this type of service.
 This presentation summarizes the key metrics obtained by KTS to compare the three providers and aid the City with its decision-making process about how best to proceed with establishing its Section 115 Trust.  PARS is being recommended to be the City’s Trust Fund Administrator based upon outperforming their peers.

Kosmont Transactions Services | Proprietary Do Not Duplicate | 2 [1] Data as of March 31, 2022

CITY’S UNFUNDED OPEB LIABILITY
 City employees with five or more years of service and retire from the City are eligible for a lifetime medical benefit. For 2022, the lifetime monthly payment amount is $149.  Hired Prior to January 1, 2013 Eligibility: Age 50 & 5 years of CalPERS service.  Hired After January 1, 2013 Eligibility: Age 52 & 5 years of CalPERS service.  The most recent actuary report shows the City’s estimated OPEB liability is $1,928,000. This amount goes up each year since funds are not currently being set aside to meet future payments on behalf of employees.
 The City is currently funding 14 employees on a “pay-as-you-go basis” each month.  There are 56 fulltime active employees where the future liability is being recognized on the City’s books, but funding has not been set aside.
 The State Auditor gave the City a ZERO score last year in their annual financial assessment for not having a Section 115 Trust in place.

CALPERS
 Largest Section 115 Trust Manager in California
 Total Assets Under Management: $17.2 Billion
 Total Agencies Under Contract: 586
 California Employers’ Retiree Benefit Trust
(CERBT) has Three Funding Strategies:
 CERBT 1 – Aggressive
 CERBT 2 – Moderate
 CERBT 3 – Conservative
 Assets are pooled, Agencies do not have separate
ownership of securities in the investment portfolio
Kosmont Transactions Services | Proprietary Do Not Duplicate | 4 [1] Data as of March 31, 2022
CalPERS
Fund CERBT 1 CERBT 2 CERBT 3
Inception 6/1/2007 10/1/2011 1/1/2012
1 Year Net Return 6.02% 4.71% 4.35%
3 Year Net Return 10.64% 8.75% 7.23%
5 Year Net Return 9.16% 7.73% 6.39%
10 Year Net Return 7.97% 6.73% 5.55%
Since Inception (Net) 5.85% 7.58% 5.89%
AUM  $   14,413,849,796   $   1,961,648,198   $   842,594,189 Operating Expense 0.10% 0.10% 0.10%

PARS
 Second Largest Section 115 Trust Manager in
California
 Total Assets Under Management: $6.4 Billion
 Total Agencies Under Contract: 366
 115 Trust Services is a core business activity
 One of only two Fund Managers with the
ability to Prefund both OPEB & Pensions in
the same trust
 Can reimburse Agency for up to 2 years of
OPEB expenses (vs. 1 year for CalPERS)
 Total Annual Management Fee for Assets
Under Management for a $2 million portfolio
is $12,000.

Kosmont Transactions Services | Proprietary Do Not Duplicate | 5 [1] Data as of December 31, 2021
* Subject to change due to rebalancing, as fees are waived for plan assets in First American Funds (money market) PARS
Fund Capital Appreciation Balanced Moderate Moderately Conservative Conservative 1 Year Net Return 14.96% 11.44% 9.31% 5.15% 2.20%
3 Year Net Return 17.30% 14.99% 13.26% 9.82% 7.36%
5 Year Net Return 12.15% 10.80% 9.56% 7.17% 5.43%
10 Year Net Return 10.83% 9.45% 8.39% 6.34% 4.75%
Operating Expense Structure:

0.25% 0.20% 0.15% 0.10%
$0-10MM $10-15MM $15-50MM >$50MM
Trustee/Investment
Management Fee Structure:*

0.35% 0.25% 0.20% 0.15% 0.10%
<$5MM $5-10MM $10-15MM $15-50MM >$50MM

CHANDLER ASSET MANAGEMENT
 Total Assets Under Management: $220 Million
 Total Agencies Under Contract: 8
 No multi-employer Trust offered, instead City
would establish Trust in its own name
 Nominal custody or trustee fees in addition to
Operating Expense (dependent on bank selected)
 Exchange Traded Fund Fees of 0.05% not
included in Operating Expense
 Section 115 Trust Activity is one of the core lines
of business where they are trying to increase
market share.

Kosmont Transactions Services | Proprietary Do Not Duplicate | 6 [1] Data as of March 31, 2022
Chandler AM
Fund Multi Asset Class (MAC)
Inception 11/30/2009
1 Year Net Return 2.75%
3 Year Net Return 9.13%
5 Year Net Return 8.02%
10 Year Net Return 7.44%
Since Inception (Net) 7.81%
Operating Expense 0.25%

CONCLUSION
 The City does not have a Section 115 Trust which is needed to reduce liability and follow best practices.  The ranking of largest to smallest Fund Managers: CalPERS > PARS > Chandler AM  PARS and Chandler AM offer Active/Customized portfolios vs. Passive portfolios offered by CalPERS.  CalPERS offers lowest fee structure, but their performance historically lags behind PARS.  PARS has historically achieved the highest interest earned on investments.  PARS offers flexibility in investment strategies, subaccounts, and access to funds.  Chandler AM and PARS have no risk sharing across employers. Each Agency is individually managed.  City Council is being requested to direct staff to work with PARS to develop a funding strategy, contractual agreement, and resolution for final approval.

Kosmont Transactions Services | Proprietary Do Not Duplicate | 7

City Council Agenda Report
Agenda Item No. 9.d.

DATE: May 24, 2022
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rachel Barbosa, City Manager
SUBMITTED BY: Colby Cataldi, Community Development Director SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO. 22- 36, APPROVING A MEMORANDUM OF AGREEMENT (MOA)

BETWEEN COUNCIL FOR WATERSHED HEALTH (CWH)

AND THE CITY OF SOUTH EL MONTE - MERCED AVENUE

GREENWAY PROJECT
SUMMARY: The Merced Avenue Greenway Project in the City of South El Monte is a multi-benefit green street project which includes decentralized Low Impact Development (LID) Best Management Practices (BMPs) within the street right-of-way that slow, capture, treat, and infiltrate storm water runoff. Council for Watershed Health is a recipient of the U.S. Department of the Interior’s WaterSMART Program funding for the implementation of the Merced Avenue Greenway project administrated by the U.S.

Bureau of Reclamation. This Memorandum of Agreement (MOA) is to establish a mutual agreement between CWH and the City of South El Monte to comply with the grant requirements.

RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 22- 36, approving an MOA between the Council for Watershed Health (CWH) and the City of South El Monte for the Merced Avenue Greenway Project and authorizing the City Manager and/or designee to execute the MOA with Council for Watershed Health.

FISCAL IMPACT: There is no fiscal impact on the City’s General Fund.

DISCUSSION: On October 12, 2021, the City Council awarded a contract to the Council for Watershed Health to Provide Project Administration Services for Merced Avenue Greenway Project for the amount of $412,447.

The City has worked to develop long-term partners in the Merced Avenue Greenway Project, including non-profit organizations of Council for Watershed Health, Active SGV, and Climate Resolve, who all worked with the City to develop and submit a series of grant applications which were recently awarded for a total of $9.8 Million. These grants will support the entire construction of the greenway as well as the partners’ engagement,

monitoring, technical assistance, and training activities around implementation.

On March 25, 2021, the Council for Watershed Health coordinated a grant application and received funds in the amount of $299,953 from the United States Bureau of Reclamation (WaterSMART Program). CWH is a recipient of the U.S. Department of the Interior’s WaterSMART Program funding for the implementation of the Merced Avenue Greenway project administrated by the U.S. Bureau of Reclamation. The MOA is required to establish a mutual agreement between CWH and the City of South El Monte to comply with these grant requirements. Per this MOA, the City’s awarded construction contractor will directly invoice CWH for up to $300,000.00 under the “Water Quality Treatments” section of the construction budget.

ATTACHMENT(S):

A. Resolution No. 22-10
B. Memorandum of Understanding

ATTACHMENT A

RESOLUTION NO. 22-36

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL

APPROVING A MEMORANDUM OF AGREEMENT

BETWEEN THE CITY AND COUNCIL FOR WATERSHED

HEALTH TO PROVIDE PROJECT ADMINISTRATION

SERVICES FOR MERCED AVENUE GREENWAY PROJECT
THE SOUTH EL MONTE COUNCIL HEREBY RESOLVES AS FOLLOWS:

Section 1. The City Council hereby authorizes the City Manager to execute the proposed Memorandum of Agreement (“MOA”), with the Council for Watershed Health (“CWH”) to provide project administration services, in substantially the form attached to the staff report.

Section 2. The City Council hereby authorizes the City Manager to execute the MOA with CWH relating to the U.S. Department of the Interior’s WaterSMART Program funding for the implementation of the Merced Avenue Greenway project administrated by the U.S. Bureau of Reclamation.

Section 3. The City Council further directs the City Manager or designee to take all actions necessary to effectuate the agreement.

Section 4. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 24th day of May, 2022.

Gloria Olmos, Mayor
ATTEST:

Donna G. Schwartz, City Clerk

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF SOUTH EL MONTE )
I, Donna G. Schwartz, City Clerk of the City of South El Monte, hereby certifies that the foregoing Resolution, being Resolution No. 22-36, was duly passed and approved by the City Council of the City of South El Monte at a regular meeting of said Council held on the 24th day of May 2022, and that said Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Donna G. Schwartz, City Clerk

Attachment B

01257.0006/791870.1 1

MEMORANDUM OF AGREEMENT

BETWEEN COUNCIL FOR WATERSHED

AND THE CITY OF SOUTH EL MONTE
This Memorandum of Agreement (“MOA”) is made and entered into this _______________ by and between the Council for Watershed Health (“CWH”) and City of South El Monte (SEM). CWH and SEM are sometimes herein referred to individually as a “Party” or collectively as the “Parties.” This MOA is made based on the following facts:

CWH is a 501 (c)(3) nonprofit organization, founded in 1996, which brings together representatives from water and public works agencies, land conservancies, citizen groups and businesses with interests in using a watershed approach to achieve multiple benefits. CWH has served the Los Angeles region for more than 20 years and works to improve area water supplies, water quality and flood protection measures by advancing the health and sustainability of the region's watersheds through science-based research, education and inclusive stakeholder engagement; and,
CWH works to accomplish its mission through supporting agency, community and private sector collaboration in the areas of improving water quality and supply, fostering a watershed approach to landscaping and landscape design, and facilitating integrated planning and management. CWH has also created a repository for watershed information that is disseminated to the public, built partnerships and beneficial solutions for watershed issues, developed comprehensive public education/outreach forums and professional training, provided scientific and technical research on watershed management principles to inform public policy, and sought funds to accomplish the goals and objectives of numerous restoration projects; and,
CWH brings a new perspective to urban infrastructure that generates ideas, techniques, projects for implementation, and other opportunities that incorporate natural urban systems and community engagement into capital projects with water quality elements.

CWH and SEM have partnered, amongst other government and NGO entities, to design and construct the Merced Avenue Greenway (Phase I - Southern Residential Corridor). This project will capture and treat urban stormwater runoff to improve the water quality downstream within the Alhambra-Rio Hondo Watershed in South El Monte, a highly urbanized and economically underserved community located in the San Gabriel Valley of Los Angeles County.

The project is an element of both the Enhanced Watershed Management Plan for the Upper Los Angeles River Watershed and the Greater Los Angeles County Integrated Regional Watershed Management Program. The project design was developed and will be completed with significant community involvement and engagement. Major project elements include tree planting and vegetation, installation of permeable pavement and underground infiltration chambers to capture and passively filter urban runoff along 0.65 miles of Merced Avenue, reducing urban pollution loads discharged downstream into the Rio Hondo River, the San Gabriel River, and Legg Lake within Whittier Narrows Recreation Area, and contributing to groundwater augmentation of the San Gabriel East Basin.

CWH is a recipient of the U.S. Department of the Interior’s WaterSMART Program funding for the implementation of the Merced Avenue Greenway project administrated by the U.S. Bureau of Reclamation.

The Assistance Agreement R22AP00277-00 between the U.S. Department of the Interior Bureau of Reclamation and the Council for Watershed Health is made part of this Memorandum of Agreement (ATTACHMENT A).

01257.0006/791870.1   2
Both CWH and SEM accept the responsibility to and certify that both Parties will comply with all applicable clauses of Assistance Agreement R22AP00277-00 between the U.S. Department of the Interior Bureau of Reclamation and the Council for Watershed Health (ATTACHMENT A).

NOW, THEREFORE, the Parties hereto mutually agree as follows:

Section 1. RESPONSIBILITIES OF SEM.

1. SEM agrees to select a consultant to construct the water quality features of the project via a competitive bidding process according to the U.S. Bureau of Reclamation’s requirements described in the Procurement Standard Sections 200.318 through 200.327 of Assistance Agreement R22AP00277-00 (ATTACHMENT A).

2. SEM agrees to provide all documents, records, and information related to the bidding process to CWH.

3. Upon selecting a consultant, SEM shall execute consultant’s contract in which it would be specified that the consultant will directly invoice CWH for up to $300,000.00 under the “Water Quality Treatments” section of the Construction budget.

Section 2. RESPONSIBILITIES OF CWH.

1. CWH will act as a fiscal sponsor of up to $300,000.00 for the water quality elements construction of the project, and will be responsible for paying the consultant selected by the City of South El Monte via a competitive bidding process.

Any correspondence related to invoicing shall be directed to:

CWH Project Manager – Jason Casanova ([email protected]). 177 E. Colorado Blvd., Suite 200
Pasadena, CA 91105-1955
Phone: 213-229-9945
Section 3. LIABILITY. Except as provided in Section 10, below, neither Party shall incur any liability for the execution of, or participation in any activities arising out of or in connection with this MOA. Except as provided in Section 10, below, each Party shall bear their own defense, investigation, funding and legal representation in the result of any claim being instituted in contract, tort, or any other theory of liability.

Section 4. TERM. This MOA will expire June 30, 2024, unless terminated as provided under Section 5 or extended by an amendment to this MOA that is signed by both Parties.

Section 5. TERMINATION. Either party shall have the right to terminate this MOA, in whole or in part, by giving the other party thirty (30) days written notice.

Section 6. CONTACT PERSONS — PROPER ADDRESSES — NOTIFICATION. All notices shall be made in writing and may be given by personal delivery, regular mail, or electronic mail. Notices sent by

01257.0006/791870.1   3
regular mail should be registered or certified and sent to the designated contact person for each party and addressed as follows:

To Council for Watershed Health:

Eileen Alduenda, Executive Director
Council for Watershed Health
177 E. Colorado Blvd.

Pasadena, CA 91105
[email protected]
Office: 213.229.9945
To CITY OF SOUTH EL MONTE:

City of South El Monte
Public Works Department
1415 Santa Anita Avenue
South El Monte, CA 91733
Email: [email protected]
Phone: 626-579-6540
Section 7. ENTIRE AGREEMENT. This MOA contains all of the agreements, representations, and understandings of the Parties hereto, and supersedes and/or incorporates any previous understandings, proposals, commitments, or agreements, whether oral or written. This MOA may not be modified except by a writing signed by both Parties.

Section 8. SEVERABILITY. If any provision of this MOA is held illegal, invalid, or unenforceable, in whole or in part, then that provision will be modified to the minimum extent necessary to make it legal, valid and enforceable, and the legality, validity, and enforceability of the remaining provisions shall not be affected.

Section 9. DISPUTES, JURISDICTION AND VENUE. The parties shall attempt to resolve any dispute, claim, controversy or disagreement arising out of or relating to this MOA (“Dispute”) in a prompt, equitable, and amicable manner. This MOA is made and will be interpreted under the laws of the State of California, Venue for any action will be the Superior Court of Los Angeles County, California.

Section 10. INDEMNIFICATION
Except to the extent of the active negligence or willful misconduct of CHW, or any of its Boards, Officers, Agents, Employees, Assigns and Successors in Interest, CITY OF SOUTH EL MONTE undertakes and agrees to defend, indemnify and hold harmless CWH and any of its Boards, Officers, Agents, Employees, Assigns and Successors in Interest from and against all suits and causes of action, claims, losses, demands and expenses, including, but not limited to, attorney's fees (both in house and outside counsel) and cost of litigation (including all actual litigation costs incurred by CWH, including but not limited to, costs of experts and consultants), damage or liability of any nature whatsoever, for death or injury to any person, including CITY OF SOUTH EL MONTE's employees and agents or damage or destruction of any property of either party hereto or of third parties, arising in any manner by reason of the negligent acts, errors, omissions or willful misconduct incident to the performance of this MOA by CITY OF SOUTH EL MONTE or its subcontractors of any tier. Rights and remedies available to CWH under this provision are cumulative of those provided for elsewhere in this MOA and those allowed under the laws of the United States, the State of California. The provisions of this paragraph shall survive expiration or termination of this MOA.

01257.0006/791870.1   4

COUNCIL FOR WATERSHED HEALTH
By: __________________________________
Eileen Alduenda, Executive Director

CITY OF SOUTH EL MONTE
By: __________________________________
Rachel Barbosa, City Manager

ATTACHMENT A

 





 
 


 

 
 



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