Gloria Olmos, Mayor
Manuel Acosta, Mayor Pro Tem
Richard Angel, Councilmember
Hector Delgado, Councilmember
Gracie Retamoza, Councilmember
Rene Salas, Interim City Manager
Donna G. Schwartz, City Clerk
Anthony R. Taylor, City Attorney
CITY OF SOUTH EL MONTE
REGULAR MEETING OF THE SOUTH EL MONTE CITY COUNCIL
AGENDA
December 13, 2022, 6:00 PM
LOCATION CHANGE: 1556 Central Avenue, Senior Center, 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. 1 of 7
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
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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 Patricia Garrett, Faith Dominion Church
4. PRESENTATIONS
4.a. Sheriff's Department Report for the Months of October and November
4.b. Code Enforcement and Public Safety Department Report for the Months of October and November
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.
7.a. – 7.g. next pages.
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CONSENT CALENDAR (CONTINUED)
7.a. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 22-90,
ADOPTING CERTIFICATE OF CANVASS CERTIFYING RESULTS FOR
THE CITY OF SOUTH EL MONTE'S GENERAL MUNICIPAL ELECTION HELD TUESDAY, NOVEMBER 8, 2022
On Tuesday, November 8, 2022, a General Municipal Election was held in the City of South El Monte consolidated with the Los Angeles County Registrar-Recorder/County Clerk, Elections Division to fill two four-year terms for Member of the City Council (currently held by Mayor Pro Tem Manuel Acosta and Councilwoman Gracie Retamoza) and to submit to the voters Measure “CM” and Measure “X”. Both Measure “CM” and Measure “X” pertain to the permitting, regulation, and taxation of cannabis uses within the City. Measure “CM” was submitted to the voters by the City Council and Measure “X” was submitted to the voters by voter-initiative.
The following individuals filed nomination papers for Member of the City Council: Manuel Acosta, Rudy Bojorquez and Gracie Retamoza.
Based upon the County of Los Angeles’ canvassing of the returns of votes cast for each elective office, Manuel Acosta was re-elected as Member of the City Council for the full term of four years; and Rudy Bojorquez was elected as Member of the City Council for a full term of four years.
Based upon the County of Los Angeles’ canvassing of the returns of votes cast, Measure “CM” received a majority approval from the City’s voters voting in the November 8, 2022, election while Measure “X” did not.
RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 22-90, reciting the facts of the November 8, 2022, General Municipal Election. This Resolution will certify that Manuel Acosta was reelected to the City Council, Rudy Bojorquez was elected to the City Council, Measure “CM” was passed by the voters, and Measure “X” was not passed by the voters.
7.b. CONSIDERATION AND APPROVAL OF THE ADJOURNED REGULAR CITY COUNCIL MEETING MINUTES OF NOVEMBER 9, 2022
Staff is requesting approval of Minutes for the November 9, 2022 Adjourned Regular City Council Meeting.
RECOMMENDED ACTION: Staff recommends City Council approve the Minutes of the Adjourned Regular City Council Meeting of November 9, 2022.
7.c. – 7.e. next page.
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CONSENT CALENDAR (CONTINUED)
7.c. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 22-91, APPROVING WARRANTS FOR THE PERIOD OF NOVEMBER 10, 2022
THROUGH DECEMBER 13, 2022
Authorizing payment of City expenditures for the period November 10, 2022 through December 13, 2022, totaling $1,520,982.02.
RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 22-91, authorizing payment of City expenditures.
7.d. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 22-92,
PROCLAIMING A LOCAL EMERGENCY PERSISTS AND
AUTHORIZING THE USE OF REMOTE TELECONFERENCE MEETING
PROCEDURES BY THE CITY'S LEGISLATIVE BODIES AS
AUTHORIZED BY GOVERNMENT CODE SECTION 54953(e) ET SEQ.
FOR THE PERIOD OF DECEMBER 13, 2022 THROUGH JANUARY 11, 2023
On September 16, 2021, Governor Newsom signed AB 361 into law. AB 361 was made effective October 1, 2021. Pursuant to AB 361, staff recommends consideration of Resolution No. 22-92, proclaiming a local emergency persists and authorizing the use of remote meeting procedures by the City’s legislative bodies, which can include meetings held via a virtual platform (e.g. Zoom), for the period of December 13, 2022 through January 11, 2023.
RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 22-92, 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 from December 13, 2022 through January 11, 2023.
7.e. CONSIDERATION AND APPROVAL OF THE CITY'S 2023 SPECIAL
EVENTS CALENDAR
The City's 2023 Events Calendar includes recommended dates and locations for the City-sponsored events held by the Community Services Department. All scheduled events are subject to modifications, date changes, or cancelations.
RECOMMENDED ACTION: Staff recommends City Council consider and approve the City's 2023 Special Events Calendar.
7.f. next page.
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CONSENT CALENDAR (CONTINUED)
7.f. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 22-93,
APPROVING PROJECT ACCEPTANCE AND NOTICE OF
COMPLETION FOR THE SANTA ANITA AVENUE AND KLINGERMAN
STREET, RUSH STREET, AND CENTRAL AVENUE TRAFFIC SIGNAL
MODIFICATION PROJECT, FUNDED BY HSIP, HSIPL-5352(019)
The Santa Anita Avenue and Klingerman Street, Rush Street, and Central Avenue Traffic Signal Modification Project was completed in compliance with the plans and specifications by KDC Inc. dba Dynaelectric L.A. The Project Scope included installation of traffic signals and lighting to include new poles, foundations, controllers, conduit, traffic striping, curb, gutter, sidewalk and curb ramps at Santa Anita Avenue and Klingerman Street, Santa Anita Avenue and Rush Street and Santa Anita Avenue and Central Avenue intersections. The final cost for the construction work completed by KDC Inc. dba Dynaelectric L.A. is $877,314.57.
RECOMMENDED ACTION: Staff recommends City Council:
1. Adopt Resolution No. 22-93, accepting the improvements for the Santa Anita Avenue and Klingerman Street, Rush Street, and Central Avenue Traffic Signal Modification Project;
2. Authorize City Clerk to send the Notice of Completion for recordation to the Los Angeles County Recorder’s Office; and
3. Release retention accordingly.
7.g. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 22-94,
APPROVING AWARD OF CONTRACT TO BUREAU VERITAS/NORTH
AMERICA (BV/NA) FOR BUILDING INSPECTION SERVICES
On September 29, 2022, the City issued a Request for Proposals (RFP) for Building Inspection Services. Staff reviewed the proposals and determined that of the five firms that submitted proposals, Bureau Veritas North America, Inc. (BVNA) best meets the needs of the City.
RECOMMENDED ACTION: Staff recommends City Council:
1. Adopt Resolution No. 22-94, approving award of contract to Bureau Veritas North America, Inc. (BV NA) for Building Inspection services; and
2. Authorize Interim City Manager to negotiate and execute the contract.
8. PUBLIC HEARINGS - None
9. GENERAL BUSINESS - None
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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 - None
14. COMMENTS BY OUTGOING MEMBERS OF THE CITY COUNCIL
15. OATH OF OFFICE ADMINISTERED TO RE-ELECTED AND ELECTED
MEMBERS OF THE CITY COUNCIL
15.a. RE-ELECTED COUNCILMEMBER - MANUEL ACOSTA
Oath of Office to be Administered by Mr. Acosta's Daughter Raquel Bianca Acosta.
15.b. ELECTED COUNCILMEMBER - RUDY BOJORQUEZ
Oath of office to be Administered by Mr. Bojorquez' Daughter Myranda Bojorquez.
16. PRESENTATIONS BY OUTSIDE ORGANIZATIONS
17. COMMENTS BY RE-ELECTED AND NEWLY ELECTED MEMBERS OF THE
CITY COUNCIL
18. ADJOURNMENT
Tuesday, January 10, 2023, 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 8 th day of December 2022.
City Clerk, CMC
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