Agenda packet — South El Monte City Council, January 24, 2023 (part 2 of 2)

The Executive Orders allowed the City Council and each of the City’s legislative bodies, commissions, and committees subject to the Brown Act to modify how meetings were conducted to protect the health and safety of the legislative bodies, staff, and the public, while ensuring transparency and accessibility for open and public meetings. However, those executive orders expired on October 1, 2021.

On September 16, 2021, Governor Newsom signed AB 361 into law. AB 361 was made effective October 1, 2021, to correspond to the timing of expiration of the executive orders.

AB 361 allows legislative bodies to continue to utilize remote/virtual platforms for meetings during a State of Emergency proclaimed by the Governor, provided that one of the following three criteria is met with respect to the meeting:
i) State or local officials have imposed or recommended measures to promote social distancing;
ii) The legislative body is meeting for the purpose of determining, by majority vote, whether as a result of the State of Emergency, meeting in person would present imminent risks to the health or safety of attendees; or
iii) The legislative body has previously determined, by majority vote, that, as a result of the State of Emergency, meeting in person would present imminent risks to the health or safety of attendees.

These provisions of AB 361 are effective until January 1, 2024. This means these provisions may be invoked any time there is a proclaimed State of Emergency by the Governor (e.g., wildfires) and the City Council can make at least one of the enumerated findings.

On October 26, 2021, City Council adopted Resolution No. 21-69 proclaiming a local emergency persists and authorizing the use of remote teleconference procedures by the City’s legislative bodies for the period of October 26 through November 25, 2021. To avoid a lapse in time between meetings and the effective date of Resolution No. 21-69, on November 9, 2021, City Council adopted Resolution No. 21-72 proclaiming a local emergency persists and authorizing the use of remote teleconference procedures by the City’s legislative bodies for the period of November 9 through December 9, 2021. Since then, City Council has adopted the following resolutions authorizing the same: Resolution No. 21-78 adopted on December 14, 2021 for the period of December 14, 2021 through January 12, 2022; Resolution No. 22-02 adopted on January 11, 2022 for the period of January 11, 2022 through February 9, 2022; Resolution No. 22-11 adopted February 8, 2022 for the period of February 8, 2022 through March 9, 2022; Resolution No. 22-18 adopted March 8, 2022 for the period of March 8, 2022 through April 6, 2022; Resolution No. 22-23 adopted April 12, 2022 for the period of April 12, 2022 through May 12, 2022; Resolution No, 22-33 adopted May 10, 2022 for the period May 10, 2022 through June 8, 2022; Resolution No. 22-39 adopted June 14, 2022 for the period of June 14, 2022 through July 13, 2022; Resolution No. 22-54 adopted July 12, 20222 for the period of July 12, 2022 through August 10, 2022; Resolution No. 22-66 adopted August 2, 2022 for the period through August 31, 2022; Resolution No. 22-72 adopted September 13, 2022 for the period through October 12, 2022; Resolution No. 22-82 adopted October 11, 2022 for the period through November 9, 2022; Resolution 22-87 adopted November 9, 2022 for the period through December 8,2022; and Resolution No. 22-92 for the period through January 11, 2023.

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In large part due to the Omicron variant, there has been a sharp surge of Covid-19 cases since December 2021. The CDC indicators and thresholds measuring community transmission of COVID-19 within the County of Los Angeles continue to be at a substantial level. The Omicron variant is the predominant strain in Los Angeles County and spreads more easily than the original virus. While the Omicron BA.1 variant is currently the dominant variant in Los Angeles County, there is a gradual increase in the level of the BA.2 subvariant in the County. The BA.2 subvariant is highly transmissible, and has become the dominant variant in many countries, including some that are facing renewed surges in cases and increased hospitalizations.

In light of the continuing COVID-19 emergency, and the continued threats to health and safety posed by indoor meetings with large attendance, staff recommends adoption of the proposed resolution making the findings required to invoke AB 361. Doing so will allow the meetings of the City Council and each of the City’s legislative bodies to continue to occur by teleconference, without adhering to the teleconferencing requirements set out in Government Code Section 54953(b)(3) that would otherwise apply absent invocation of AB 361.

Continued reliance on AB 361 will require adoption of a new resolution making the required findings every 30 days.

ATTACHMENT(S):

A. Resolution No. 23-11

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RESOLUTION NO. 23-11

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL

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 JANUARY
24, 2023 THROUGH FEBRUARY 15, 2023
WHEREAS, the City Council of the City of South El Monte is committed to preserving and nurturing public access, transparency, observation and participation in its meetings and the meetings of each of its legislative bodies (as that term is defined in Government Code section 54952, including commissions, boards and committees subject to the Brown Act); and WHEREAS, all meetings of the City’s legislative bodies are open and public, as required by the Ralph M. Brown Act, codified as Government Code section 54950 et seq., so that any member of the public may attend, participate, and observe the City’s legislative bodies conduct their business; and
WHEREAS, the Brown Act, as amended by Assembly Bill 361 (2021), amending Government Code section 54953(e) et seq., allows for remote teleconferencing observation and participation in meetings by members of a legislative body and members of the public, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and
WHEREAS, the initial required condition is a declaration of a state of emergency by the Governor pursuant to the California Emergency Services Act, Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state and within the boundaries of the City, as provided in Government Code section 8558; and
WHEREAS, on March 4, 2020, pursuant to Government Code section 8625, Governor Newsom declared the existence of a state of emergency for the State of California, in response to the outbreak of respiratory illness due to a novel coronavirus (a disease now known as COVID19); and WHEREAS, also on March 4, 2020, the County of Los Angeles followed suit and declared the existence of a state of emergency for the County of Los Angeles; and WHEREAS, on March 12, 2020, out of an abundance of caution to protect the health, safety, and welfare of the community, the Mayor of the City of South El Monte proclaimed a local emergency due to the public health threat caused by COVID-19; and WHEREAS, the Mayor’s proclamation found that conditions of extreme peril to the safety of persons and property have arisen within the City as a result of the COVID-19 virus and that these conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the City; and

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WHEREAS, on March 16, 2020, the City’s Director of Emergency Services declared a local emergency for the City pursuant to Chapter 2.32 of the South El Monte Municipal Code, finding that conditions of extreme peril to the safety of persons and property have arisen within the City as a result of the COVID-19 virus and that these conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of the City; and WHEREAS, on March 17, 2020, the City Council adopted Resolution No. 20-24, ratifying the proclamation of a local emergency in response to COVID-19; and WHEREAS, Government Code section 54953(e) further requires that state or local officials have imposed or recommended measures to promote social distancing; or, the legislative body of the City finds that meeting in person would present imminent risk to the health and safety of attendees; and
WHEREAS, the State of California and County of Los Angeles Department of Public Health officials have imposed or recommended measures to promote social distancing, County officials are requiring masking in an effort to slow the continuously high level of transmission of COVID-19 throughout Los Angeles County, and the Centers for Disease Control and Prevention (“CDC”) continue to recommend physical distancing; and
WHEREAS, in large part due to the Omicron variant, there has been a sharp surge of Covid-19 positive cases since December 2021. The CDC indicators and thresholds measuring community transmission of COVID-19 within the County of Los Angeles continue to be at a substantial level. The Omicron variant is the predominant strain in Los Angeles County and spreads more easily than the original virus. While the Omicron BA.1 variant is currently the dominant variant in Los Angeles County, there is a gradual increase in the level of the BA.2 subvariant in the County. The BA.2 subvariant is highly transmissible, and has become the dominant variant in many countries, including some that are facing renewed surges in cases and increased hospitalizations; and
WHEREAS, the Council hereby finds that such emergency conditions persist in the City, such that meeting in person for the meetings of the legislative bodies of the City would present imminent risk to the health and safety of attendees as a result of the increased risk of the spread of the COVID-19 virus among those in attendance; and
WHEREAS, the Council hereby finds that the state of emergency due to the COVID-19 virus and the conditions related thereto has caused, and will continue to cause, conditions of extreme peril to the safety of persons within the City that are likely to be beyond the control of services, personnel, equipment, and facilities of the City, and thereby affirms, authorizes, and proclaims that the existence of a local emergency persists throughout the City, and ratifies the proclamation of state of emergency by the Governor of the State of California; and WHEREAS, the Council hereby finds that, as a consequence of the existing local emergency, the legislative bodies of the City shall conduct their meetings without compliance with Government Code section 54953(b)(3), and shall instead comply with the remote teleconference meeting requirements as authorized by Government Code section 54953(e) et seq.; and WHEREAS, the Council affirms that the City will allow for observation and participation by Councilmembers, members of the City’s legislative bodies, and the public by allowing public participation and comment in real time via Zoom or by telephone, as well as allowing limited inPage 163 of 252 person attendance for certain legislative bodies of the City, as will be duly indicated in the agendas of the legislative bodies, respectively, in an effort to protect the constitutional and statutory rights of all attendees.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH EL MONTE FINDS, RESOLVES, AND ORDERS AS FOLLOWS:

Section 1. The Recitals set forth above are true and correct and are incorporated herein Resolution by reference.

Section 2. The Council hereby recognizes and affirms the existence and conditions of a state of emergency as proclaimed by the Governor, the existence of emergency conditions in the City, and affirms, authorizes, and proclaims that the existence of a local emergency persists throughout the City.

Section 3. The Council hereby ratifies the Governor of the State of California’s Proclamation of State of Emergency, effective as of its issuance date of March 4, 2020.

Section 4. Further, the Council finds that holding the meetings of the City’s legislative bodies in person with no limitations to attendance would present imminent risk to the health and safety of attendees as a result of the increased risk of the spread of the COVID-19 virus among those in attendance, and that the State of California and County of Los Angeles Department of Public Health officials have imposed or recommended measures to promote social distancing in connection with the COVID-19 emergency, as required by Government Code section 54953(e) et seq.

Section 5. The Interim City Manager and legislative bodies of the City are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, conducting open and public meetings via teleconference in accordance with Government Code section 54953(e) et seq. and other applicable provisions of the Brown Act.

Section 6. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) February 15, 2023, or (ii) such time the Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies (as that term is defined in Government Code §54952, including commissions, boards and committees subject to the Brown Act) of the City may continue to teleconference without compliance with Government Code section 54953(b)(3).

PASSED, APPROVED AND ADOPTED this 24th day of January 2023.

____________________________
Gloria Olmos, Mayor
ATTEST:
_____________________________
Donna G. Schwartz, City Clerk

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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. 23-11, 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 January 2023, and that said Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

______________________________
Donna G. Schwartz, City Clerk

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

DATE: January 24, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, Interim City Manager
SUBMITTED BY: Rene Salas, Interim City Manager
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
23-12, AMENDING RESOLUTION 23-04, CHANGING THE
PUBLIC HEARING DATE FOR METRO FISCAL YEAR 2023
FEDERAL TRANSIT ADMINISTRATION SECTION 5310

PROGRAM FOR ELIGIBLE PROJECTS
SUMMARY: On January 3, 2023, the City Council approved Resolution No. 23-04, calling for a public hearing on February 14, 2023. A new resolution needs to be adopted to Amend Resolution No 23-04, changing the public hearing date to February 22, 2023 in order to be in compliance with Metro’s 30-day public hearing notice.

RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 23-12, Amending Resolution No. 23-04, Calling for a Public Hearing on February 22, 2023, to Identify Nonprofit Organizations Readily Available to Provide Services for Public Transportation Projects Under the Federal Transit Administration Section 5310 Enhanced Mobility of Seniors and Individuals with Disabilities Program.

FISCAL/FINANCIAL IMPACT: There is no immediate fiscal impact associated with this action.

DISCUSSION: On January 3, 2023, the City Council approved Resolution No. 23-04 calling for a public hearing on February 14, 2023 to identify nonprofit organizations readily available to provide services for public transportation projects under the federal transit administration section 5310 enhanced mobility of seniors and individuals with disabilities program, as a required part of the grant application process to certify that there are no nonprofit organizations readily available in the area to provide transportation services for seniors and individuals with disabilities.

To qualify for a grant allocated by Metro under the Section 5130 Program, the local government authority must hold a public hearing to certify that there are no nonprofit organizations readily available in the area to provide transportation services for seniors and individuals with disabilities. Staff is recommending City Council adopt Resolution No. 23-12, amending the public hearing date from February 14, 2023 to February 22, 2023.

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This will ensure that the City is in compliance with Metro’s 30-day public hearing notice to afford the opportunity to nonprofits organizations to state that they wish to provide the services for which the City of South El Monte is seeking funds. If no agency or operator comes forward, the City of South El Monte can proceed with the application process.

Staff report prepared by Andrés González, Senior Services Supervisor.

ATTACHMENT(S):

A. Resolution No. 23-12 REDLINED
B. Final Resolution No. 23-12

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ATTACHMENT A
RESOLUTION NO. 23-0412

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL AMENDING RESOLUTION NO. 23-04, CALLING FOR A PUBLIC HEARING ON FEBRUARY 1022, 2023, TO IDENTIFY NONPROFIT ORGANIZATIONS READILY

AVAILABLE TO PROVIDE SERVICES FOR PUBLIC TRANSPORTATION

PROJECTS UNDER THE FEDERAL TRANSIT ADMINISTRATION SECTION 5310 ENHANCED MOBILITY OF SENIORS AND INDIVIDUALS WITH

DISABILITIES PROGRAM
WHEREAS, the City of South El Monte (“City”) provides transportation services to the community, including seniors and individuals with disabilities; and WHEREAS, the Federal Transit Administration Section 5310 Enhanced Mobility of Seniors and Individuals with Disabilities Program (“Section 5310 Program”) provides operating and capital assistance for public transportation projects that i) are planned, designed and carried out to meet the special needs of seniors (65+) and individuals with disabilities (any age) when public transportation is insufficient, inappropriate, or unavailable; ii) exceed the requirements of the Americans with Disabilities Act (ADA) of 1990; iii) improve access to fixed route service and decrease reliance on complementary paratransit, and/or iv) provide alternatives to public transportation projects for seniors (65+) and individuals with disabilities (any age); and
WHEREAS, the Federal Transit Administration grants Section 5310 Program funds to certified recipients under 49. U.S.C.A section 5310(b)(1), who may allocate funds received under the Program to subrecipients under 49. U.S.C.A section 5310(b)(2), including state and local governmental authorities, on a fair and equitable basis; and WHEREAS, under 49. U.S.C.A section 5310(b)(2), state and local governmental authorities may receive funds if they certify that there are no private nonprofit organizations readily available in the area to provide the public transportation services under the program; and
WHEREAS, the Los Angeles County Metropolitan Transportation Authority (“Metro”) is the designated recipient of Section 5310 Program funds apportioned for the areas in Los Angeles County that are within the urbanized areas of Los Angeles-Long Beach-Anaheim (UZA 60020), Lancaster-Palmdale (UZA 63570) and Santa Clarita (UZA 61770); and WHEREAS, Metro is currently accepting applications from potential subrecipients for Section 5310 Program funding for the 2023 Fiscal Year, with an application deadline of February 27, 2023; and
WHEREAS, the City wishes to enhance transportation services for seniors and individuals with disabilities by applying for Federal Transit Administration Section 5310 Program (“Section 5310 Program”) grant funds administered by Metro, and seeks to certify that there are no nonprofit organizations readily available in the area to provide the public transportation services under the program.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South El Monte as follows:

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SECTION 1. The City Council sets February 1422, 2023, at 6:00 p.m. or thereafter, as the date and time of a public hearing as required as part of the Section 5310 Program grant application process to certify that there are no nonprofit organizations readily available in the area to provide public transportations services for Seniors and Individuals with Disabilities, as defined under 29. U.S.C.A section 5310(a)(1). The City Clerk is hereby ordered to provide notice of such public hearing as required by law.

SECTION 2. If no nonprofit organizations who are readily available in the area to provide public transportation services, as defined under 29. U.S.C.A section 5310(a)(1), come forward at the public hearing, the City Council hereby authorizes and directs staff to proceed with Metro’s Section 5310 Program application process to receive funds as a subrecipient.

SECTION 3. The City Council hereby authorizes and directs the Interim City Manager to execute the Agreement for LA Metro's Federal Section 5310 Grant Program in a form approved by the City Attorney.

SECTION 4. The City Clerk shall certify to the adoption of this Resolution No. 23-

04. PASSED, APPROVED AND ADOPTED this 10th 24th day of January 2023.

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. 23-04 12 was passed and approved by the City Council of the City of South El Monte at a regular meeting of said Council held on the 10th 24th day of January 2023 and that said Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Donna G. Schwartz, City Clerk

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ATTACHMENT B
RESOLUTION NO. 23-12

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL AMENDING RESOLUTION NO. 23-04, CALLING FOR A PUBLIC HEARING ON FEBRUARY 22, 2023, TO IDENTIFY NONPROFIT ORGANIZATIONS READILY

AVAILABLE TO PROVIDE SERVICES FOR PUBLIC TRANSPORTATION

PROJECTS UNDER THE FEDERAL TRANSIT ADMINISTRATION SECTION 5310 ENHANCED MOBILITY OF SENIORS AND INDIVIDUALS WITH

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South El Monte as follows:

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SECTION 1. The City Council sets February 22, 2023, at 6:00 p.m. or thereafter, as the date and time of a public hearing as required as part of the Section 5310 Program grant application process to certify that there are no nonprofit organizations readily available in the area to provide public transportations services for Seniors and Individuals with Disabilities, as defined under 29. U.S.C.A section 5310(a)(1). The City Clerk is hereby ordered to provide notice of such public hearing as required by law.

SECTION 3. The City Council hereby authorizes and directs the Interim City Manager to execute the Agreement for LA Metro's Federal Section 5310 Grant Program in a form approved by the City Attorney.

SECTION 4. The City Clerk shall certify to the adoption of this Resolution No. 23-

04. PASSED, APPROVED AND ADOPTED this 24th day of January 2023.

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. 23-12 was 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 January 2023 and that said Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Donna G. Schwartz, City Clerk

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City Council Agenda Report
Agenda Item No. 8.a.

COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
FUNDS FOR FISCAL YEAR (FY) 2023–24
SUMMARY: Provide the Council with recommendations for the use of the City’s estimated FY 2023–24 CDBG allocation, acknowledging the priority of need and eligibility. The Public Notice was posted December 22, 2022.

RECOMMENDED ACTION: Staff recommends City Council:

1. Conduct a public hearing;

2. Take public testimony;

3. Adopt Resolution No. 23-13, Authorizing the Allocation of the Community Development Block Grant (CDBG) Funds for Fiscal Year 2023-24;

4. Authorizing Interim City Manager to execute agreement for the Fiscal Year 2022– 23 CDBG project with the Los Angeles County Development Authority (LACDA), subject to approved as to form by the City Attorney; and

5. Authorize Interim City Manager to adjust the project budget, as necessary, to account for final CDBG allocations and any amounts unexpended at the close of FY 2022-23.

FISCAL/FINANCIAL IMPACT: Funding for this project is provided by CDBG funds. Allocation for fiscal year 2023-24 is $238,745. Additionally, the City has approximately $231,271 in un-programmed CDBG funds. The total amount available for programming is approximately $470,016. Final numbers will be provided by the LACDA in early March 2023.

DISCUSSION: There are two (2) proposed projects. Staff is recommending programming its CDBG funds for the following programs/projects: (i) Public Facilities & Improvements - Upgrades to City Hall restrooms, and (ii) the Code Enforcement Program. Additional details are provided in Exhibit A.

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Staff report prepared by Angie Hernandez, Community Development Executive Assistant

ATTACHMENT(S):

A. Program Projects
B. Resolution No. 23-13

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Recommendation 1
Public Facilities and Improvements – City Hall Restrooms Upgrade Project Project 1: This project is being programmed under Fiscal Year 2023-2024. The project will be allocated $238,745 (CDBG funding).

The goal of programming these funds is to perform ADA restroom upgrade at City Hall. Staff recommends the funds be programmed to improve accessibility for the public to use when using this facility.

Recommendation 2
Code Enforcement Program
Project 2: Code Enforcement Program for $100,000. CDBG funds will be used for personnel and non-personnel costs associated with one Code Enforcement Officer dedicated to designated census tracks in South El Monte.

Total Budget Amount is estimated at $338,745.

ATTACHMENT A

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ATTACHMENT B
RESOLUTION NO. 23-13

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL,

AUTHORIZING THE ALLOCATION OF THE COMMUNITY

DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR FISCAL
YEAR 2023–24.

WHEREAS, the Community Development Block Grant (CDBG) Program has operated since 1974 to provide local governments the resources to meet the needs of persons of low-and moderate-income; and
WHEREAS, the City of South El Monte contracts with the Los Angeles County Development Authority (LACDA) for the disbursement of CDBG Funds, through the Small Cities Program; and
WHEREAS, the City of South El Monte will receive an estimated total of $338,745 in Fiscal Year 2023–24 in CDBG Funds; and
WHEREAS, the City Council has conducted a public hearing, with the required prior noticing to provide the public an opportunity to comment on the programs proposed for the Fiscal Year 2023–24 CDBG Funds Program, which include: (i) the Public Facilities & Improvements – City Hall restrooms upgrade project and (ii) the Code Enforcement Program.

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

SECTION 1. The City Council hereby approves the Community Development Block Grant (CDBG) Program budget for Fiscal Year 2023–24 in the amount of $338,745 and instructs staff to submit the necessary documents and a copy of this Resolution to the Los Angeles County Development Authority.

SECTION 2. The City Council authorizes City staff to adjust the Program budget as necessary throughout the Fiscal Year. This includes, but is not limited to, allocating amounts on a per project basis, adjusting project budgets, and implementing a new or cancelling existing activities to allow for the timely expenditure of CDBG-funds.

SECTION 3. The City Council authorizes the City Manager to take all actions necessary to effectuate and execute agreements with LACDA in connection with the 2023–24 CDBG projects, subject to the approval as to form by the City Attorney.

SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution.

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PASSED, APPROVED AND ADOPTED on this 24th day of January, 2023.

________________________
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. 23-13 was 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 January, 2023 and that said Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________
Donna G. Schwartz, City Clerk

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

DATE: January 24, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, Interim City Manager
SUBMITTED BY: Donna Schwartz, City Clerk
SUBJECT: APPOINTMENT OF COUNCIL DELEGATE TO THE

CALIFORNIA CONTRACT CITIES

ASSOCIATION
SUMMARY: Mayor to appoint a delegate to the California Contract Cities Association.

RECOMMENDED ACTION: Staff recommends City Council approve the Mayor’s appointment of a delegate to the California Contract Cities Association.

FISCAL/FINANCIAL IMPACT: None.

DISCUSSION: The current delegate was not re-elected during the City’s General Municipal Election held on November 8, 2022. Therefore, there is a vacancy for a delegate to the California Contract Cities Association. The Association is a statewide organization to promote legislation favorable to contract cities.

Under state law, an elected Mayor, with the approval of the city council, appoints the delegates and alternates. Government Code Section 40605 provides: "In general law cities where the office of mayor is an elective office pursuant to Article 5 (commencing with Section 34900) of Chapter 7 of Part 1 of Division 2 of Title 4, the mayor, with the approval of the city council, shall make all appointments to boards, commissions, and committees unless otherwise specifically provided by statute." The California Contract Cities Association, located at 17315 Studebaker Rd., Ste. 210, Cerritos, CA 90703, meets the third Wednesday of the month at 6:30 p.m. at various locations. There is no compensation for this organization.

ATTACHMENT(S):

None

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

DATE: January 24, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, Interim City Manager
SUBMITTED BY: Rene Salas, Interim City Manager
SUBJECT: UPDATE TO THE CONCEPT FOR THE ROSEMEAD

BOULEVARD CORRIDOR ENHANCEMENT PLAN AND THE

SAN GABRIEL VALLEY TRANSIT FEASIBILITY STUDY
SUMMARY: The City of South El Monte received funding from Caltrans through a Sustainable Communities Grant (State SB-1) to prepare planning level documents for the Rosemead Boulevard Corridor. The plan has conceptualized Rosemead Boulevard as a multi-modal corridor that engages participants in active and safe modes of transportation.

The project examined traffic calming strategies to increase pedestrian safety and improve the City’s existing bicycle network and quality of public transport. Suring this study, staff was aware of Metro’s and San Gabriel Valley Council of Government’s Transit Feasibility Study that included Rosemead Blvd.

RECOMMENDED ACTION: Staff recommends City Council:

1. Receive presentations by Metro/San Gabriel Valley Council of Government (SGVCOG) Staff and Alta consulting;

2. Provide comments on SGVCOG's Bus Rapid Transit BRT study and the Rosemead Blvd. Corridor Enhancement Study;

3. Instruct the Alta consultant to prepare the draft study that includes the City Council's comments to the design concept and present it before the community at the final outreach scheduled per the grant timeline; and

4. Alta Consulting to present the final draft before the City Council at the February 24, 2023 council meeting.

FISCAL/FINANCIAL IMPACT: The fiscal impact to the City is $340,000, of which $301,002 will be reimbursed by State Department of Transportation SB-1 competitive grant, and $38,998 will be reimbursed by Measure M funds.

DISCUSSION: This project provides a plan for future conceptual funding and use for the Rosemead Corridor. The major challenge with changing traffic patterns or incorporating new bike lanes and introducing new uses to any street will be the community outreach

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and participation conducted. In this case, that was a major focal point of this study. In order to engage in dialogue with the community, multiple outreach efforts were conducted using various methods to achieve the most successful community input. Below is a summary of the results:
• The consultant received 487 responses through the online survey. • Door-to-Door Canvassing on Rosemead
• Pop-up Events (4 locations)
• Text Banking (2,360 numbers sent)
• Lawn Sign distribution
• Social Media (1,880 impressions)
• Project Videos (155 views)
• 5,114 Individual Touch Points
• Virtual Engagement Reach: 4,882 People
• In-Person Engagement Reach: 262 People
• Survey Responses from SEM residents: 160
Based on the community outreach efforts, City Council, City staff and San Gabriel Valley Council of Government's input, the consultant narrowed down the design concepts to the two options attached here. Once a final concept is selected by both the City Council and the community, a final draft will be presented for approval.

Staff report prepared by Angie Hernandez, Community Development Executive Assistant

ATTACHMENT(S):

A. Metro/SGVCOG Presentation
B. Alta Planning and Design Presentation

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SAN GABRIEL VALLEY TRANSIT FEASIBILITY STUDY

CITY COUNCIL - CITY OF SOUTH EL MONTE
JANUARY 24, 2023

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San Gabriel Valley Transit Feasibility Study
Agenda
(888) 574-8264 https://www.sgvcog.org/transit-study [email protected] @sgvcog facebook.com/sgvcog @SGVCOG v Welcome (Roy Choi, San Gabriel Valley Council of Governments) v Purpose of SGV Transit Feasibility Study
v Phase One BRT Options
v Community Outreach Efforts (Claudia Mejia, Outreach Project Manager) v Working Draft Vision Plan
v Rosemead Blvd Corridor
v Garvey Ave Corridor

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San Gabriel Valley Transit Feasibility Study
Bus Rapid Transit Features

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San Gabriel Valley Transit Feasibility Study
15 Initial Concepts

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San Gabriel Valley Transit Feasibility Study
East-West Evaluation Results
(888) 574-8264 https://www.sgvcog.org/transit-study [email protected] @sgvcog facebook.com/sgvcog @SGVCOG

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San Gabriel Valley Transit Feasibility Study
Outreach
(888) 574-8264 574-8264 https://www.sgvcog.org https://www.sgvcog.org/transit-study / [email protected] [email protected] @sgvcog facebook.com/sgvcog facebook.com/sgvcog @SGVCOG @SGVCOG v Phase 1
Outreach efforts conducted in Eng., Span. Chinese
v 4 - Technical Advisory Committee (TAC)
Meetings
v 4 - Elected Officials Briefings
v 14 One-on-One City/Commission Briefings
including:
v City of So. El Monte – March 23, 2022
v City of El Monte – June 9, 2022
v 1 Key Stakeholder Briefing
v Interactive Outreach Map – 15 alternatives,
available from Feb. – Sept. 2022
v Public Outreach Survey – available from Dec.
2021 to Jan. 2022
v 2- Community Workshops – Feb. 2022
v Facebook Ad Campaigns
v Social Media Tool Kit
v Phase 2
Outreach efforts conducted in Eng., Span. Chinese
v 1 - Technical Advisory Committee (TAC) Meetings
v 2 - Elected Officials Briefings
v 20 - One-on-One City/Commission Briefings
including:
v City of So. El Monte – Nov. 7, 2022
v City of El Monte – Dec. 29, 2022
v City of So. El Monte – Jan. 19, 2023
v Interactive Outreach Map – Remaining
alternatives, available through Phase 2
v 1- Community Workshops – Sept. 2022
v Facebook Ad Campaigns
v Social Media Tool Kit
v 3-Pop-Up Events:
v City of South El Monte Harvest Festival – Oct.
2022

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San Gabriel Valley Transit Feasibility Study
Outreach
v Technical Advisory Committee
v Public Agencies / Elected Official Briefings
v Key Stakeholders / One-on-One Briefings
v Community Workshops
v Upcoming Community Pop-up Events
v Study Webpage Available – Ongoing Updates:
www.sgvcog.org/transit-study
v Interactive Maps
v Ongoing social media posts
v Submit Comments to [email protected]
v Call us at 888-574-8264
v Contact Roy Choi, Manager of
v Transportation, SGVCOG: [email protected]
(888) 574-8264 574-8264 https://www.sgvcog.org https://www.sgvcog.org/transit-study / [email protected] [email protected] @sgvcog facebook.com/sgvcog facebook.com/sgvcog @SGVCOG @SGVCOG DRAFT

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San Gabriel Valley Transit Feasibility Study
Working Draft Vision Plan
DRAFT

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San Gabriel Valley Transit Feasibility Study
Rosemead Blvd BRT Map
Station
DRAFT

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Rosemead Blvd Section C – Garvey Ave to Rush St
NB SB
NB SB
San Gabriel Valley Transit Feasibility Study

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Rosemead Blvd Section C – Garvey Ave to Rush St
NB SB
NB SB
San Gabriel Valley Transit Feasibility Study

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Rosemead Blvd Section C – Garvey Ave to Rush St
NB SB
NB SB
San Gabriel Valley Transit Feasibility Study

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Garvey - Valley Blvd BRT Map
San Gabriel Valley Transit Feasibility Study

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Garvey Ave – Atlantic Boulevard to New Ave
WB EB
WB EB
San Gabriel Valley Transit Feasibility Study

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WB EB
WB EB
San Gabriel Valley Transit Feasibility Study
Garvey Ave – Atlantic Boulevard to New Ave

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WB EB
WB EB
San Gabriel Valley Transit Feasibility Study
Garvey Ave – Atlantic Boulevard to New Ave

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WB EB
WB EB
San Gabriel Valley Transit Feasibility Study
Garvey Ave – Atlantic Boulevard to New Ave

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San Gabriel Valley Transit Feasibility Study

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Project Update
01/24/23
Rosemead
Boulevard
Corridor Study
City of South El
Monte

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Rosemead Boulevard Corridor Study
Reimagining Rosemead
Study Purpose:
● Identify ways to
reconfigure
Rosemead Boulevard
as new development
arrives
● Address the transfer
from Caltrans to South
El Monte
● Improve roadway safety
for all users
● Align with Bus Rapid
Transit plans
● Engage the

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Rosemead Boulevard Corridor Study
3 Project Overview
Phase 1: Introduction
& Existing Conditions
Phase 2: Design
Concepts
Phase 3:

Recommendations
We
are
here!
● Community Outreach #1
● City Staff Coordination
● Opportunities & Constraints
● Community Outreach #3
● City Council Approval
● Final Plan
✔ ✔
● Community Outreach #2
● Coordination with SGVCOG
San Gabriel Valley Transit
Feasibility Study
● Three Complete Street
Concepts

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4 Rosemead Boulevard Corridor Study
Community Outreach
Summary
Phase 1: Introduction
& Existing Conditions
April - May 2022
3 Phase 2: Design
Concepts
August - September 2022
Phase 3:

Recommendations
February 2023
(2 more pop-ups and 1 more video)
Outreach Methods
● Online Surveys (487 responses)
● Door-to-Door Canvassing on Rosemead
● Pop-up Events (4 locations)
● Text Banking (2,360 number sent)
● Lawn Sign distribution
● Social Media (1,880 impressions)
● Project Videos (155 views)
Total Engagement Reach
5,114 Individual Touch Points
● Virtual Engagement Reach: 4,882 People
● In-Person Engagement Reach: 262 People
Survey Responses from SEM residents: 160

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5 Rosemead Boulevard Corridor Study
Community Outreach
Summary Short-Term Design -
Community Preferences
● Physically separated bike
facilities (planter boxes or
flexible posts)
● More trees
● Wider sidewalks
68% of respondents want:

Long-Term Design -
Community
Preferences
● A dedicated space for biking
on one side of the street
● Wide planted park space on
one side of the street with
plants and amenities
● Wide sidewalks
44% of respondents want:

Community Feedback
Themes
South El Monte residents want
Rosemead Boulevard to:
● Be family-friendly
● Have lots of trees and
greenery
● Be clean & safe
● Have a mix of people walking
and biking
● Provide separation from cars
● Feel inviting

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Rosemead Boulevard Corridor Study
Community Outreach
Summary
6

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7 Rosemead Boulevard Corridor Study
Complete Street Design Concepts
Complete Street with Center Running BRT Complete Street with Side Running BRT Both concepts require converting one travel lane to bus-only use, a separated bicycle facility, and new street trees and parkways
In alignment SGVCOG Transit Feasibility Study

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8 Rosemead Boulevard Corridor Study
Option 1: Complete Street with Center Running
BRT
● Standard Bus Rapid
Transit (BRT) design
approach
● Left turning movements
will be controlled at
intersections to prevent
conflicts with buses
● Parking remains as-is
● Passengers would
board in median, at
existing
intersections/crossings
(Garvey and Rush)
● Design includes
separated bikeway,
similar to Durfee Ave

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9 Rosemead Boulevard Corridor Study
P P
Complete Street with Center Running BRT
Existing
Center Running BRT

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10 Rosemead Boulevard Corridor Study
● Less standard for BRT,
but more typical
roadway design
● Right turning
movements will be
controlled at
intersections to prevent
conflicts with buses
● Cars will need to cross
bus lane to park
● Parking will be lost at
bus loading zones
● Design includes
separated bikeway,
similar to Durfee Ave
Option 2: Complete Street with Side Running
BRT

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11 Rosemead Boulevard Corridor Study
Complete Street with Side Running BRT
Existing
Side Running BRT
P P

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Rosemead Boulevard Corridor Study
Center Running Side Running
Community Engagement Round #3:

Complete Street with Center or Side-Running
BRT?

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Rosemead Boulevard Corridor Study
1 13
Immediate
● ADA improvements for
curb ramps and
sidewalks
● Crossing upgrades
● New traffic signals
● New housing
development
Short Term (1-5 yrs)
● New painted bike
lanes
● Parklets
● New street trees
● Murals
Long-Term (With BRT*)
● BRT Lanes
● Separated bikeways
● Sidewalk enhancements
● Lighting
● Planted median with new
trees
2 3
Phased Approach Based on South El Monte
Priorities
*Bus Rapid Transit

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Rosemead Boulevard Corridor Study
Draft Study End of January
Take concepts and Draft
Study to community for
outreach Round #3
January 24, 2023
14 February 21, 2023
City Council approval of
concepts compatible with
SGVCOG BRT Study
Community
Engagement #3
Present Final Draft to City
Council
End of February
Final Deliverables
and Project Closeout
Final Study

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

DATE: January 24, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, Interim City Manager
SUBMITTED BY: Anthony R. Taylor, City Attorney
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
23-14, APPROVING THE APPOINTMENT OF RENE SALAS

AS CITY MANAGER AND APPROVAL OF CITY MANAGER

EMPLOYMENT AGREEMENT
SUMMARY: Staff is asking the City Council to consent to the appointment of Rene Salas as City Manager and approve his employment contract for services as City Manager.

RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 23-14, approving the employment agreement between the City and Rene Salas for the position of City Manager and authorizing the Mayor to execute the employment agreement. In the alternative, Staff recommends City Council provide additional direction regarding the attached employment agreement.

FISCAL/FINANCIAL IMPACT: If approved, Mr. Salas will receive a salary of $16,667.67 on a monthly basis. Any increases in subsequent years will be applied through performance reviews and/or salary adjustments pursuant to Mr. Salas’s employment contract. At this time, funds are available to administer the terms of the employment agreement.

DISCUSSION: Mr. Salas has been employed by the City since September 5, 2017 as Public Works Director. On December 11, 2019, Mr. Salas began overseeing the Community Development Department after the resignation of the prior Community Development Director, in addition to continuing to serve as Public Works Director. Mr.

Salas was appointed Deputy City Manager on September 22, 2020 and has been serving as Interim City Manager from July 12, 2022 to present, after the departure of the prior City Manager, Rachel Barbosa. Based on Mr. Salas’s executive and administrative qualifications and ability, the City Council directed the City Attorney to negotiate the terms of an employment agreement with Mr. Salas for the position of City Manager.

The City Manager is responsible for the efficient administration of all the affairs of the city which are under the City Manager’s control. The City Manager’s responsibilities include, but are not limited to: to see that the laws of the state are duly enforced, to direct all heads

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of departments, subordinate officers, and employees of the City, to exercise control over and supervise all departments of the City government, to keep the City Council at all times fully advised of the financial condition and needs of the City, to make reports and recommendations as may be desirable or as requested by the City Council, and to execute all written contract and conveyances, when authorized by the City Council.

Adoption of the attached resolution would appoint Mr. Salas as City Manager and approve the proposed employment agreement. If approved, Mr. Salas’s first day as City Manager will be January 25, 2023.

California Government Code section 54953(c)(3) requires an oral report in an open meeting summarizing the proposed final action on salaries, salary schedules, or compensation paid in the form of fringe benefits of a City Manager. Accordingly, the terms of Mr. Salas’s proposed employment agreement are outlined below and will be orally summarized at the January 24, 2023 Council meeting:

Term: January 25, 2023 to January 24, 2025 (two years).

Annual Salary: Base compensation shall be $200,000 annually, or $16,667.67 monthly.

Following an annual performance review, the City Council may increase his salary.

Evaluations: The City Council will have the opportunity to evaluate Mr. Salas after 6 months from his start date, and then approximately on the anniversary dates of his appointment as City Manager.

Employment Status: The City Manager position is at-will.

Severance: For termination without cause, the City shall pay Mr. Salas an amount equal six months of his monthly base salary, minus any applicable deductions.

Automobile Allowance: City will provide a Mr. Salas with a monthly automobile allowance of $600.00.

Cell Phone: Provided for City-related business.

Home Office Equipment: The City will advance up to total of $3,000.00 for a personal computer and other office equipment that Mr. Salas will use at home to work outside of normal business hours.

Medical, Dental, Vision, Other Insurance: Mr. Salas may enroll in the City’s medical insurance plan, or in lieu of enrollment, shall receive a deferred compensation payment of $600 per month. The City shall pay the monthly vision and dental insurance premiums for Mr. Salas and his eligible dependents. The City shall pay 100% of the cost of term life insurance, accidental death and dismemberment insurance, and long-term disability insurance.

Retirement Benefits (PERS): Mr. Salas will pay the mandatory CalPERS contribution rate for miscellaneous second tier “Classic” members as determined by CalPERS, which amount is currently 7.0%.

Retiree Medical: Should Mr. Salas retire from the City as a CalPERS eligible retiree, the City will contribute an amount toward the CalPERS medical premium that is equal to the

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amount required under the City's resolution electing coverage under the Public Employees Medical and Hospital Care Act (“PEMHCA”).

Vacation Leave: Mr. Salas may accrue up to a maximum of 320 hours of unused vacation leave. Upon reaching 320 hours, Employee shall earn no additional vacation accrual until his balance of accrued but unused vacation leave is reduced below 320 hours.

Sick Leave: Mr. Salas shall accrue sick leave at the rate of eight (8) hours of sick leave for each complete month of service.

Leave Cashouts: Vacation payouts must otherwise comply with any City rules and procedures pertaining to vacation leave cash-out. Mr. Salas shall be eligible to receive monetary compensation for any unused sick leave based on years of service.

Administrative Leave: Mr. Salas will be granted 40 hours of administrative leave per fiscal year.

Holidays, Bereavement Leave, Jury Duty and Witness Leave: Mr. Salas shall be entitled to bereavement leave for a period not exceeding three (3) workdays for deaths within their immediate family. The City shall grant up to 22 business days off to Mr. Salas if he is required to serve on jury duty, with compensation at his existing pay rate. The City shall provide Mr. Salas with the following holidays with pay: New Year 's Day; Martin Luther King Day; Presidents' Day; Cesar Chavez Day; Memorial Day; Independence Day; Labor Day; Columbus Day; Veterans' Day; Thanksgiving Day; Christmas Day; Mr. Salas’s Birthday; Juneteenth Day.

For further information on the agreement between the City and Rene Salas, see Attachment B.

ATTACHMENT(S):

A. Resolution No. 23-14
B. City Manager Employment Agreement

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01257.0001/851785.1

ATTACHMENT A
RESOLUTION NO. 23-14

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL

APPROVING AN EMPLOYMENT AGREEMENT BETWEEN

THE CITY AND RENE SALAS AS CITY MANAGER
WHEREAS, at its January 24, 2022 regular meeting, the City Council appointed Rene Salas (“Employee”) as the City Manager of the City of South El Monte subject to all of the terms and conditions for such employment being set forth by an employment agreement on a public agenda; and
WHEREAS, a City Manager Employment Agreement (the “Agreement”) has been prepared with all of said terms and conditions; and
WHEREAS, pursuant to South El Monte Municipal Code Section 2.08.020(A), “[t]he city manager shall be appointed by the Council solely on the basis of executive and administrative qualifications and ability and shall hold office at and during the pleasure of the council[;]” and WHEREAS, the City requires the services of a City Manager; and WHEREAS, Employee has served as the City’s Interim City Manager from July 12, 2022 to January 24, 2022; and
WHEREAS, Employee was appointed City Manager on January 24, 2022; and WHEREAS, Employee has the required level of education, experience, skills and expertise to serve as the City Manager of the City; and WHEREAS, based on Employee’s executive and administrative qualifications and ability, the City Council now desires to enter into the Agreement with Employee to serve as the City Manager; and
WHEREAS, Employee desires to perform and assume responsibility for the provision of City Manager services to the City; and
WHEREAS, the parties wish to establish the terms and conditions of Employee’s provision of City Manager professional services to the City through the Agreement; and WHEREAS, pursuant to Government Code § 36506, the City Council hereby fixes the compensation of the City Manager in the amount set forth in Section 2 of the Agreement.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH EL MONTE HEREBY RESOLVES AS FOLLOWS:

SECTION 1. The foregoing recitals are true and correct and are incorporated herein by reference as though set forth in full.

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01257.0001/851785.1
SECTION 2. The City Council appointed Rene Salas as City Manager, effective January 24, 2022.

SECTION 3. The City Council hereby approves the City Manager Employment Agreement between the City and Rene Salas that is attached hereto as Exhibit A and is incorporated herein by this reference. The City Manager’s annual salary shall be $200,000.00 and the benefits paid to the City Manager are as set forth in said Agreement. These amounts can be updated by future action of the City Council made in public at a subsequent council meeting.

SECTION 4. This resolution shall be effective immediately upon its adoption.

SECTION 5. The City Clerk shall certify to the passage and adoption of this Resolution.

PASSED, APPROVED AND ADOPTED this 24th day of January, 2023. _____________________________
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. 23-14 was passed and approved by the City Council of the City of South El Monte at a regular meeting of said Council held on the 24h day of January 2023 and that said Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________
Donna G. Schwartz, City Clerk

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01257.0004/850909.4

ATTACHMENT B

CITY OF SOUTH EL MONTE

CITY MANAGER EMPLOYMENT AGREEMENT
This City Manager EMPLOYMENT AGREEMENT (“Agreement”) is entered into and made effective the 24th day of January 2023, by and between the CITY OF SOUTH EL MONTE, a general law city and municipal corporation (“City”) and Rene Salas, an individual (“Employee”).

R E C I T A L S
WHEREAS, it is the desire of the City Council of the City of South El Monte (hereinafter the "City Council") to appoint an individual to serve in the position of City Manager, which position is prescribed by state law and the City’s Municipal Code; and WHEREAS, California Government Code Section 34852 provides that an ordinance establishing a city manager form of government shall define the powers and duties of the city manager; and
WHEREAS, the duties of the city manager of the City are set forth in South El Monte Municipal Code (“SEMMC”) Sections 2.08.060; and
WHEREAS, pursuant to SEMMC Section 2.08.020(A), “[t]he city manager shall be appointed by the council solely on the basis of executive and administrative qualifications and ability and shall hold office at and during the pleasure of the council[;]” and WHEREAS, the City requires the services of a City Manager; and WHEREAS, the duties of the City Manager are set forth in full in Exhibit “A” to this Agreement; and
WHEREAS, Employee was appointed as Public Works Director for the City on September 5, 2017 pursuant to an Employment Agreement entered into on September 12, 2017; and WHEREAS, Employee began serving as the City’s Interim Community Development Director on December 11, 2019 in addition to continuing to serve as Public Works Director; and WHEREAS, effective September 22, 2020, Employee was appointed to serve as the City’s Deputy City Manager pursuant to the terms and conditions of an employment agreement between Employee and the City (the “Deputy City Manager Employment Agreement”); and WHEREAS, Employee was appointed as Interim City Manager on July 12, 2022 pursuant to the Interim City Manager Employment Agreement between Employee and the City (the “Interim City Manager Employment Agreement”); and
WHEREAS, based on Employee’s executive and administrative qualifications and ability, the City Council desires to employ Employee to serve as the City Manager; and

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01257.0004/850909.4
2 WHEREAS, Employee has the required level of education, experience, skills and expertise to serve as the City Manager of the City; and
WHEREAS, Employee desires to perform and assume responsibility for the provision of City Manager services to the City; and
WHEREAS, the parties wish to establish the terms and conditions of Employee’s provision of City Manager professional services to the City through this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City and Employee hereby agree as follows:

AGREEMENT

1.0 EMPLOYMENT & DUTIES

1.1 Duties. City hereby employs Employee as City Manager for the City to perform the functions and duties of the City Manager position as set forth in Exhibit “A”, and to perform such other legally permissible and proper duties and functions as the City Council shall, from time-to-time, direct or assign. The City reserves the right to amend the job description for City Manager attached hereto as Exhibit "A", which defines City Manager functions and duties, as it deems necessary and appropriate, without requiring Employee’s acquiescence or an amendment of this Agreement. Employee agrees to perform all such functions and duties to the best of Employee’s ability and in an efficient, competent, and ethical manner.

1.2 Work Schedule. It is recognized that Employee is expected to engage in the hours of work that are necessary to fulfill the obligations of the position, must be available at all times, and must devote a great deal of time outside the normal office hours to the business of the City. Employee acknowledges that proper performance of the duties of City Manager will require Employee to generally observe normal business hours, as set by the City and may be duly revised from time-to-time (currently 7:00 a.m. to 5:30 p.m., Monday through Thursday), and will also often require the performance of necessary services outside of normal business hours.

Notwithstanding the foregoing, the City will permit Employee such reasonable “time off” as is customary for exempt employees of the City, so long as the time off does not interfere with normal business. Employee’s compensation (whether salary or benefits or other allowances) is not based on hours worked, and Employee shall not be entitled to any compensation for overtime.

1.3 Other Activities. Employee shall focus his professional time, ability, and attention to City business during the term of this Agreement. Employee shall not engage, without the express prior written consent of the City Council, in any other business duties or pursuits whatsoever, or directly or indirectly render any services of a business, commercial, or professional nature to any other person or organization, whether for compensation or otherwise, that is or may be competitive with the City, that might cause a conflict-of-interest with the City, or that otherwise might interfere with the business or operation of the City or the satisfactory performance of the functions and duties of City Manager.

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01257.0004/850909.4
3 1.4 Employment Status. Upon appointment to the City Manager position, Employee shall serve at the will and pleasure of the City Council and understands that he shall be an “at-will” employee without recourse to bumping or other demotion rights and shall be subject to summary dismissal without any right of notice or hearing except as expressly provided in this Agreement, including any so-called due process pre-disciplinary “Skelly” hearing. The City may terminate Employee at any time in accordance with Section 3.4 below.

1.5 City Documents. All data, studies, reports and other documents prepared by Employee while performing his duties during the term of this Agreement shall be furnished to and become the property of the City, without restriction or limitation on their use. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other materials either created by or provided to Employee in connection with the performance of this Agreement shall be held confidential by Employee to the extent permitted by applicable law, except as may be required by any governmental agency or court of competent jurisdiction. Such materials shall not be used by Employee, without the prior written consent of the City Council, for any purposes other than the performance of his duties. Additionally, no such materials may be disclosed to any person or entity not connected with the performance of services under this Agreement, except as required by (a) law, (b) any governmental agency, (c) subpoena, or (d) an order issued by a court of competent jurisdiction.

1.6 Exclusion from Classified Service. Employee understands, acknowledges and agrees that he is not included within the classified service of the City pursuant to South El Monte Municipal Code §2.64.010(H)(7).

1.7 FLSA Exempt Status. Employee acknowledges and agrees that his position is that of an exempt employee for the purposes of the Fair Labor Standards Act.

2.0 COMPENSATION

2.1 Compensation. For the services rendered pursuant to this Agreement, Employee’s base monthly compensation shall be Sixteen Thousand Six Hundred Sixty Six Dollars and Sixty Seven Cents ($16,666.67 per month to equal $200,000.00 annually) (the “Salary”), which shall be paid on a pro-rated basis bi-weekly at the same time as other employees of the City are paid. Such Salary shall be adjusted for payroll taxes, workers’ compensation, and other payroll-related liability costs.

2.2 Annual Salary Review. The City Council and Employee agree to conduct an annual salary review concurrently with any annual performance evaluation conducted pursuant to Section 5.2. Following the annual performance review, the City Council may, in its sole discretion, increase Employee’s salary. The City Council and/or the Employee reserve the right to defer or refuse any or all part of any base salary adjustment if either party determines that the fiscal state of the City warrants such action.

3.0 TERM

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01257.0004/850909.4
4 3.1 Commencement & Effective Date. Employee shall commence services as City Manager hereunder effective January 25, 2023, and such date will also be deemed the effective date of this Agreement (“Effective Date”). The Parties agree that upon Employee’s appointment to the position of City Manager, the Deputy City Manager Employment Agreement and Interim City Manager Employment Agreement shall automatically terminate and be of no further force and effect.

3.2 Term. The term of this Agreement will be for two (2) years following the Effective Date (“Term”) (i.e. from January 25, 2023 until January 24, 2025).

3.3 Termination by Employee. Employee may terminate this Agreement at any time, provided Employee provides the City Council with at least thirty (30) days’ advance written notice. In the event Employee terminates this Agreement, Employee expressly agrees that he shall not be entitled to any severance pay.

3.4 Termination by City. The City Council may terminate this Agreement at any time, with or without cause, by providing written notice to the Employee. The City Council’s right to terminate Employee pursuant to this Section 3.4 shall not be subject to or in any way limited by the City’s Personnel Rules or past City practices related to the employment, discipline or termination of the City’s employees. Employee expressly waives any rights provided for the City Manager under the City’s Personnel Rules, Municipal Code, or under other state or federal law to any other form of pre- or post-termination hearing, appeal, or other administrative process pertaining to termination. Nothing herein, however, shall be construed to create a property interest, where one does not exist by rule of law, in the position of City Manager. Upon appointment to the City Manager position, Employee shall be an at-will employee serving at the pleasure of the City Council.
(a) Termination by City For Cause. The City may terminate this Agreement for cause at any time by providing Employee with five (5) business days’ written notice of the termination for cause and the facts and grounds constituting such cause. The term “cause” shall be defined to include any misconduct materially related to performance of official duties, including but not be limited to any of the following: 1) Breach of this Agreement, 2) Willful or persistent material breach of duties, 3) Résumé fraud or other acts of material dishonesty, 4) Unauthorized absence or leave, 5) Conviction of a misdemeanor involving moral turpitude (i.e., offenses contrary to justice, honesty, or morality) or conviction of a felony under California law, 6) Violation of the City’s anti-harassment policies and/or a finding that legally prohibited personal acts of harassment against a City official or employee or legally prohibited personal acts of discrimination against a City official or employee has occurred, 7) Violation of the City’s Municipal Code, Ordinances, Rules, and Regulations, including but not limited to the City’s Personnel Rules, 8) Use or possession of illegal drugs, 9) Engaging in conduct tending to bring embarrassment or disrepute to the City, 10) Any illegal or unethical act involving personal gain, 11) A pattern of repeated, willful and intentional failure to carry out materially significant and legally constituted direction or policy decisions of the City Council, 12) Gross misfeasance or gross malfeasance, and 13) “abuse of office or position” as defined in Government Code §53243.4 (i.e., waste, fraud, and violation of the law under color of authority and crimes against public justice, including crimes involving bribery and corruption). For any of the foregoing, the City may, in its discretion, place Employee on paid or unpaid administrative leave until resolution. If

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01257.0004/850909.4
5 the City terminates for cause this Agreement and the services of Employee hereunder, the City shall have no obligation to pay severance.
(b) Termination by City Manager Without Cause. The City Council may terminate Employee at any time without cause but rather based upon management reasons such as implementing the City’s goals or policies, including but not limited to: (i) change of administration, or (ii) incompatibility of management styles. In the event Employee is terminated without cause, Employee expressly agrees that he shall not be entitled to any severance pay as the result of the termination of this Agreement except as provided in Section 4.1 below.

4.0 SEVERANCE

4.1 Severance Pay - Six Months. In the event Employee is terminated without cause and does not challenge such termination, including but not limited to by means of appeal or civil or administrative claim, then City shall pay to Employee severance in an amount equal to his monthly base Salary (as defined in Section 2 above) then in effect multiplied by six (6), less applicable deductions and excluding deferred compensation or the value of any other benefits.

Notwithstanding the foregoing, Government Code Section 53260 provides that all contracts of employment with a city must include a provision limiting the maximum cash settlement for the termination of the contract to the monthly salary (excluding benefits) multiplied by the number of months left on the unexpired term, but not more than 18 months if the unexpired term exceeds 18 months. Accordingly, should such proposed severance payment exceed the amount authorized to be paid under Government Code Section 53260, then the amount paid to Employee shall be reduced in the amount necessary to comply with such statute. (For example, if termination occurs with two (2) months left in the term, severance would be equal to the monthly base salary multiplied by two (2) rather than the six (6) months provided in this Section.)

4.2 No Severance Pay if Termination for Cause or Initiated by Employee. As provided in Section 3.4(a), should Employee be terminated for cause, the City shall have no obligation to pay the severance provided for in Section 4.1 above. As provided in Section 3.3, should Employee initiate termination of this Agreement, the City shall have no obligation to pay the severance provided for in Section 4.1 above. Furthermore, in the event this Agreement expires by its own term as provided in Section 3.2 above, then the City shall have no obligation to pay the severance provided for in Section 4.1 above.

4.3 Sole Rights. The severance rights provided in this Section 4.0 shall constitute the sole and only entitlement of Employee with respect to severance pay in the event of the termination, other than for cause. Employee expressly waives any and all other rights with respect to severance pay except as provided herein. Any and all severance rights are conditioned upon and in consideration for execution of the standard “Agreement of Separation, Severance, and General Release” attached hereto in form only as Exhibit “B.”

5.0 PERFORMANCE EVALUATIONS

5.1 Purpose. The performance review and evaluation process set forth herein is intended to provide review and feedback to Employee so as to facilitate a more effective

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6 management of the City. Nothing herein shall be deemed to alter or change the employment status of Employee (as set forth in Section 1.4 above), nor shall this Section 5.0 be construed as requiring “cause” to terminate this Agreement, or the services of Employee hereunder.

5.2 Evaluation. The City Council may, in its discretion, review and evaluate the performance of Employee within 180 days following the Effective Date, and thereafter within one month following each anniversary of the Effective Date. In addition, Employee shall submit for the City Council’s consideration, no later than December 1 of each year of the term of this Agreement, Employee’s proposed annual performance goals and objectives and incorporate the City Council’s suggestions. Such review and evaluation shall be conducted in accordance with the purpose noted in Section 5.1 above.

5.3 Written Summary. The City Council may, at its sole discretion, elect to provide a written summary of each performance evaluation to Employee within two (2) weeks following the conclusion of the review and evaluation process, and may, at its discretion, schedule at least one (1) closed personnel session with Employee to deliver and discuss the evaluation.

6.0 BENEFITS

6.1 Holidays. The City shall provide Employee with the following holidays with pay:

1. NewYear'sDay

2. Martin Luther King Day

3. Presidents' Day

4. Cesar Chavez Day

5. Memorial Day

6. Independence Day

7. Labor Day

8. Columbus Day

9. Veterans' Day

10. Thanksgiving Day

11. Christmas Day

12. Employee’s Birthday

13. Juneteenth Day
Cesar Chavez Day, Juneteenth Day, and Employee’s Birthday are not observed holidays. Employee shall earn one floating holiday for Cesar Chavez Day, Juneteenth Day and Employee’s Birthday. Employee may use the floating holidays on any scheduled workday with prior City Manager approval. Employee shall not accrue more than three (3) floating holidays.

Upon Employee’s separation from City service for any reason, the City shall compensate Employee for any accrued floating holidays. The value of accrued floating holidays shall be calculated using Employee’s prevailing pay rate on the date of Employee’s separation from City service.

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7 6.2 Administrative Leave. Employee will be granted 40 hours of administrative leave per fiscal year. Employee shall not accrue more than 40 hours of administrative leave. Employee shall not use less than one (1) hour of administrative leave at any one time. Administrative leave must be used and deducted from accruals on an hour by hour basis for time missed from normal work hours which for purposes of this section are deemed to be normal City operating hours. Upon Employee’s separation from City service for any reason, the City shall compensate Employee for any accrued administrative leave. The value of accrued administrative leave shall be calculated using Employee’s prevailing pay rate on the date of Employee’s separation from City service.

6.3 Bereavement Leave. Employee shall be entitled to
b e r e a v em e n t leave for a period not exceeding three (3) workdays for deaths within the Employee's immediate family. Immediate family is defined as any relative by blood or marriage who is a member of the Employee's household (under the same roof), and the Employee's spouse, registered domestic partner, parents or step-parents; spouse's parents or step-parents; brothers, step-brothers or half-brothers; sisters, step-sisters or half-sisters; Employee's grandparents; spouse's grandparents; grandchildren; aunts and uncles, in-laws, regardless of the residence ofthe deceased.

6.4 Time Off For Jury Duty. The City shall grant up to 22 business days off to Employee i f h e i s required to serve on jury duty, with compensation at Employee's existing pay rate. The Employee shall remit to the City any money paid to him by the court for jury service.

6.5 Health Benefits. The City, only while it participates in the California Public Employees' Retirement System Medical and Hospital Care Plan (“PERS Plan”), shall make the following contributions towards the cost of medical insurance for Employee: the City will contribute directly to PERS an amount to be applied to the applicable PERS Plan monthly premium.

The City will contribute an amount equal to the actual monthly premium for the plan and applicable number of dependents (employee only, employee & 1 dependent or employee & 2 or more dependents), not to exceed the monthly premium rate established by Kaiser Permanente for its Family Health Plan. Employee will pay any premium amount above the maximum City contribution by payroll deduction. If Employee does not enroll in any medical insurance plan offered by the City, then in lieu of the City contribution to health benefits provided pursuant to this section 6.5 Employee shall instead receive a deferred compensation payment of $600 per month. To be eligible for the $600 deferred compensation payment, Employee must submit to the City written proof of duplicate medical insurance coverage. The City reserves the right to enhance, reduce, terminate, and amend or to otherwise change its health and other benefit programs at any time.

6.6 Vision and Dental Insurance. The City shall pay the monthly vision and dental insurance premiums for Employee and his eligible dependents.

6.7 Life Insurance, Accidental Death Insurance and Long-Term Disability Insurance: The City shall pay 100% of the cost of term life insurance equal to Employee's annual salary, accidental death and dismemberment insurance equal to Employee 's annual salary, and long-term disability insurance equal to two-thirds of

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8 Employee's monthly salary. The long-term disability insurance plan shall provide a 30-day benefit exclusion and benefit payments until the age of 70 years.

6.8 California Public Employees' Retirement System (“CalPERS”).

Employee is a “Classic” local miscellaneous member, and accordingly is covered by the 2% @ 60 CalPERS retirement formula (Miscellaneous Second Tier). Employee will pay the mandatory CalPERS contribution rate for miscellaneous second tier “Classic” members as determined by CalPERS, which amount is currently 7.0%.

6.9 Retiree Health Benefits. Should Employee retire from the City as a CalPERS eligible retiree, the City will contribute an amount toward the CalPERS medical premium that is equal to the amount required under the City's resolution electing coverage under the Public Employees Medical and Hospital Care Act (“PEMHCA”), which is the minimum amount required by the PEMHCA. The City shall have no obligation to make such contribution in the event it no longer participates in the CalPERS medical and hospital care program.

Provided that Employee has reached the minimum age of 50 years of age and retired from the City as a CalPERS eligible retiree, he shall continue to be eligible to participate in the City's group medical, dental and vision care plans until age 65, contingent upon the health provider's acceptance. The full cost of any insurance selected by the retiree shall be borne by the retiree.

As long as the retiree is enrolled in an insurance plan his eligible dependents may also enroll in the insurance plans as provided above. The retiree and/or dependent shall pay any cost of dependent insurance benefits.

6.10 Purchase of Home Office Equipment. The City will advance up to a total of $3,000 to Employee for the purpose of acquiring a personal computer and appurtenant types of office equipment which the Employee will utilize at his home to facilitate work production outside normal business hours. More than one such advance may be made, but at no time may the combined total of all outstanding advances exceed $3,000. Funds will be advanced only after the need for the equipment is verified and approved by the City Council and a reimbursement agreement, approved by the City Attorney, is executed.

6.11 Reimbursement ForDamageToEmployeeVehicles. TheCity agrees to reimburse Employee in an amount not to exceed $200 per fiscal year for damages due to or caused by vandalism to Employee's vehicle while on City property during Employee's working hours. In order to be eligible for reimbursement, Employee must submit an incident report and a Sheriff’s report to the Risk Manager regarding the incident causing the damage to the vehicle.

6.12 Education Reimbursement. The City will reimburse Employee for the cost of all books and tuition incurred by Employee while attending an accredited educational institution for those courses directly related to the Employee's scope of employment or which are contained within an approved curriculum of study that is directly related to the Employee's scope of employment. Tuition shall be reimbursed at rates up to the tuition rates of the California State University system. As may be required by the City’s financial status, said reimbursement may be reduced at the City Council’s sole discretion wherein it adopts a City budget reducing this education reimbursement amount. The City will reimburse the Employee for all classes the Employee completes with a grade of "C" or better provided Employee: i) provides a list of classes to the City Council prior to each quarter or semester; ii) provides to the City Council verification of the cost for

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9 tuition and books; and iii) provides to the City Council certification of completion upon completion of the course(s).

6.13 Vacation Leave.
(a) Employee may accrue up to a maximum of 320 hours of unused vacation leave. Upon reaching 320 hours, Employee shall earn no additional vacation accrual until his balance of accrued but unused vacation leave is reduced below 320 hours. Upon a written administrative determination by the City Council that work demands prevent Employee from using vacation time on a timely basis, the City Council may permit Employee to exceed the maximum accrual cap by a specified amount and for a specified time, not to exceed 40 hours of vacation time and not to exceed a duration of 6 months. The City Council may also require a plan designed to bring Employee back into compliance with vacation accrual limitations. It is the responsibility of Employee to arrange for timely use or, to the extent available, cash conversion of vacation time well in advance of reaching the maximum accrual limit.
(b) Employee shall not use less than one (1) hour of vacation leave at any one time. Vacation leave must be used and deducted from accruals on an hour by hour basis for time missed from normal work hours which for purposes of this section are deemed to be normal City operating hours.
(c) If Employee has accrued in excess of 250 hours, he may be paid for the excess vacation on a dollar-for-dollar basis twice per year at the end of the fiscal year or end of the calendar yearsubject to the following:

1. Employee must have taken minimum hours of vacation in the fiscal year so that at the end of the fiscal year the vacation accrual does not exceed 320 hours.

2. The payout must otherwise comply with any City rules and procedures pertaining to vacation leave cash-out.

3. In the event vacation leave cash out procedures are changed for other City employees, then Employee shall be subject to such updated vacation leave cash out procedures.
(d) Employee shall be credited with vacation leave at the following rates based upon the length of service:

1. Eight hours per month (accrued at the rate of four hours bi-weekly for 24 of the 26 pay periods annually) during the first five years of service;

2. Ten hours per month (accrued at the rate of five hours bi-weekly for 24 of the 26 pay periods annually) during the sixth through the tenth years of service;

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10 3. Twelve hours per month (accrued at the rate of six hours bi-weekly for 24 of the 26 pay periods annually) during the 11th through 15th years of service; and

4. Thirteen hours per month (accrued at the rate of six and one-half hours bi-weekly for 24 of the 26 pay periods annually) during the 16th and following years of service.

6.14 SickLeave.
(a) Employee shall continue to accrue sick leave at the rate of eight (8) hours of sick leave for each complete month of service. (b) Employee may accrue an unlimited number of sick leave hours. Employee shall not use less than one (1) hour of sick leave at any one time. Sick leave must be used and deducted from accruals on an hour by hour basis for time missed from normal work hours which for purposes of this section are deemed to be normal City operating hours. (c) If Employee accrues in excess of 330 hours, Employee may opt to be paid for up to 80 hours on a dollar for-dollar basis one-time per fiscal year during the payroll that includes March 31st. In the event sick leave cash out procedures are changed for other City employees, then Employee shall be subject to such updated sick leave cash out procedures.
(d) Upon separation, Employee shall be eligible to receive monetary compensation for any unused sick leave based on the table below. Years of service shall be calculated based on the Employee's anniversary date.

Years of Service Value of Sick Leave
0-4 years 0%
5-10years 10%
11-15years 15%
16years and above 20%

6.15 Deferred Compensation. City shall contribute $300.00 per month into a qualified 457 plan.

6.16 Cellular Phone. At no cost to Employee, City shall provide Employee with the use of a City-owned cellular phone. Employee shall reimburse City for all cell phone charges incurred for personal use not related to the performance of his job.

6.17 Automobile Allowance.

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11 (a) City shall provide to Employee a monthly automobile allowance of $600.00. Such amount is intended to reimburse Employee for all costs associated with the use of Employee's automobile for City business, including but not limited to all applicable costs of automobile liability insurance, maintenance, operating expenses, depreciation and interest.
(b) Employee shall maintain all records required by applicable California and federal law concerning use of such automobile, including without limitation records to substantiate personal and City-related use of such automobile. (c) Employee shall maintain automobile liability insurance policy with $100,000/300,000/50,000 maximum coverage, combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts arising out of the operation of the automobile. Unless otherwise required by the City, Employee will maintain a policy with such coverage and limits throughout the term of this Agreement. If City requires Employee to secure and maintain an insurance policy with greater coverage than said coverage set forth in the insurance policy currently insuring Employee, and as a result of such requirement Employee's premium cost for such policy containing greater coverage is higher than the premium cost of his insurance policy, City shall pay the difference. Employee shall name City, and its Council members, officials and employees as additional insured on his policy; and deliver to City copies of such insurance endorsements and certificate of insurance.

Such insurance policy shall provide that the insurance coverage shall not be canceled, reduced or otherwise modified by Employee or by Employee 's insurance carrier without at least 30 days prior written notice, served on City personally by said insurance company.

6.18 Changes in Compensation and Benefits. Employee acknowledges that the City Council may in the future adopt a resolution establishing compensation and benefits for the City’s executive employees including the City Manager, which may apply to the City Manager and reduce the level of compensation (exclusive of Employee’s base salary) or benefits provided. In the event the level of compensation or benefits provided to Employee changes (whether by increase or decrease), the Parties agree that such changes shall not be deemed material or a breach of this Agreement.

7.0 EXPENSE REIMBURSEMENT
The City recognizes that Employee may incur certain expenses of a non-personal and jobrelated nature in performance of the duties of the position of City Manager. The City agrees to reimburse the actual cost of such expenses, which are authorized for reimbursement and incurred and submitted according to the City’s normal expense approval and reimbursement procedures.

To be eligible for reimbursement, all expenses must be supported by an appropriate receipt therefore and submitted within time limits established by the City, in accordance with AB 1234 and any applicable City ordinances, resolutions, rules, policies or procedures.

8.0 BONDS AND INDEMNIFICATION

8.1 Indemnification. To the extent mandated by the California Government Code, the City shall defend, hold harmless, and indemnify Employee against any tort, professional liability, claim or demand, or other legal action arising out of an alleged act or omission occurring in the performance of Employee’s services under this Agreement. This section shall not apply to

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12 any intentional tort or crime committed by Employee, to any action outside the course and scope of the services provided by Employee under this Agreement, or any other intentional or malicious conduct or gross negligence of Employee.

8.2 Bonds. City shall bear the full cost of any fidelity or other bonds, which may be required in the performance of Employee’s services under this Agreement.

9.0 GENERAL PROVISIONS

9.1 Entire Agreement. This Agreement represents the entire agreement between the parties and supersedes any and all other agreements, either oral or in writing, between the parties with respect to Employee’s employment by the City and contains all of the covenants and agreements between the parties with respect to such employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by either party, or anyone acting on behalf of either party, which are not embodied herein, and that no other agreement, statement or promises not contained in this Agreement shall be valid or binding upon either party.

9.2 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing, which amendment shall require City Council approval.

9.3 Notices. Any notice required or permitted by this Agreement shall be in writing and shall be personally served or shall be sufficiently given when served upon the other party as sent by United States Postal Service, postage prepaid and addressed as follows:

To City: To Employee:

Mayor Rene Salas
City of South El Monte [On file with Human Resources Dept.] 1415 Santa Anita Ave.

South El Monte, California 91733
With a copy to:

City Attorney of City of South El Monte
Aleshire & Wynder, LLP
18881 Von Karman Ave., Suite 1700
Irvine CA, 92612
Notices shall be deemed given as of the date of personal service or upon the date of deposit in the course of transmission with the United States Postal Service.

9.4 Conflicts Prohibited. During the term of this Agreement, Employee shall not engage in any business or transaction or maintain a financial interest which conflicts, or reasonably might be expected to conflict, with the proper discharge of Employee’s duties under this Agreement. Employee shall comply with all requirements of law, including but not limited

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13 to, Sections 87100 et seq., Section 1090 and Section 1125 of the Government Code, and all other similar statutory and administrative rules.

9.5 Effect of Waiver. The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by the other party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.

9.6 Partial Invalidity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

9.7 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, which are in full force and effect as of the date of execution and delivery by each party hereto.

9.8 AB 1344. Assembly Bill 1344, which was subsequently enacted as Government Code §§ 53243 - 53243.4, sought to provide greater transparency in local government and institute certain limitations on compensation paid to local government executives. These statutes also require that contracts between local agencies and its employees include provisions requiring an employee who is convicted of a crime involving an abuse of her/his office or position to provide reimbursement to the local agency for the following forms of payment: (i) paid leave salary; (ii) criminal defense costs; (iii) cash settlement payments; and (iv) any non-contractual settlement payments. Accordingly, the Parties agree that it is their mutual intent to fully comply with these Government Code sections and all other applicable law as it exists as of the date of execution of this Agreement and as such laws may be amended from time to time thereafter.

Specifically, the following Government Code sections are called out and hereby incorporated by this Agreement:
§53243. Reimbursement of paid leave salary required upon conviction of crime involving office or position.
§53243.1. Reimbursement of legal criminal defense upon conviction of crime involving office or position.
§53243.2. Reimbursement of cash settlement upon conviction of crime involving office or position.
§53243.3. Reimbursement of noncontractual payments upon conviction or crime involving office or position.
§53243.4. "Abuse of office or position" defined.

Employee represents that Employee has reviewed, is familiar with, and agrees to comply fully with each of these provisions if any of these provisions are applicable to Employee, including that Employee agrees that any cash settlement or severance related to a termination that Employee may receive from the City shall be fully reimbursed to the local agency if Employee is convicted of a

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14 crime involving an abuse of Employee's office or position. The Government Code provisions referenced in this section are attached hereto in Exhibit “C”.

9.9 Independent Legal Advice. The City and Employee represent and warrant to each other that each has received legal advice from independent and separate legal counsel with respect to the legal effect of this Agreement, or has had the opportunity to do so, and the City and Employee further represent and warrant that each has carefully reviewed this entire Agreement and that each and every term thereof is understood and that the terms of this Agreement are contractual and not a mere recital. This Agreement shall not be construed against the party or its representatives who drafted it or who drafted any portion thereof.

IN WITNESS WHEREOF, the City of South El Monte has caused this Agreement to be signed and executed on its behalf by its Mayor, and duly attested by its officers thereunto duly authorized, and Employee has signed and executed this Agreement, all in triplicate.

CITY OF SOUTH EL MONTE
_______________________________
Gloria Olmos, Mayor
ATTEST:
_____________________________
Donna G. Schwartz, City Clerk
APPROVED AS TO FORM:
_____________________________
Anthony Taylor, City Attorney

EMPLOYEE
____________________________________
Rene Salas

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15 EXHIBIT “A”
The City Manager reports directly to the City Council. The City Manager requires an ability to understand and relate to South El Monte as a highly urbanized, densely populated, bi-cultural and socio-economically challenged community. The expectation is for the City Manager to be active and engaged within the community and be aware of resident interests and concerns.

EXAMPLE OF DUTIES
Duties may include, but are not limited to, the following:
➢ Maintains a proactive communication and positive work relationship with both elected officials andCity staff.
➢ Ability to provide objective guidance and counsel along with creative and pragmatic alternativestotheCouncil.
➢ High expectation level to keep elected officials informed and aware of city operations and key projects.
➢ Provide operational leadership by employing strong management and administrative experience coupled with excellent interpersonal skills. ➢ Attend City Council meetings.
➢ Perform other duties as requested by the City Council.

EMPLOYMENT STANDARDS
Knowledge and Abilities:
➢ Strong background in the oversight of capital improvement projects, economic development initiatives and in working with various regional partners is required; ➢ Establish and maintain effective relationships with the City Council and other public officials; ➢ Ability to work within amulti-cultural community environment ➢ Plan, organize, and direct the work of the executive team; ➢ Represent the City in a variety of meetings;
➢ Communicate clearly and concisely, both orally and in writing; ➢ Analyze unusual situations and resolve them through application of management principles and finance practices; and
➢ Deal constructively with conflict and develop effective resolutions.

EXHIBIT “B”

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16 AGREEMENT OF SEPARATION, SEVERANCE, AND GENERAL RELEASE

1. PARTIES
This Agreement of Separation, Severance, and General Release (hereinafter referred to as the “AGREEMENT”) is entered into by and between the City of South El Monte, a general law city and municipal corporation (hereinafter referred to as “THE CITY”), and Rene Salas, an individual (hereinafter referred to as “EMPLOYEE”).

2. RECITALS

2.1. EMPLOYEE was hired by THE CITY as an at-will City Manager effective January 25, 2023, serving at the pleasure of the City Council of THE CITY pursuant to a written contract, a copy of which is attached hereto as Exhibit “A” (“THE CONTRACT”).

2.2. THE CITY and EMPLOYEE desire that EMPLOYEE resign and enter into a severance agreement whereby EMPLOYEE receives severance compensation in exchange for executing a general release and waiver of any and all claims that EMPLOYEE may have against THE CITY, including but not limited to its elected and non-elected officials, employees, attorneys, and agents. Accordingly, the parties hereto intend by this AGREEMENT to mutually conclude any and all employment relationships between THE CITY and EMPLOYEE by means of EMPLOYEE’s voluntary separation as of ______, ____. This AGREEMENT sets forth the full and complete terms and conditions concluding EMPLOYEE’s employment relationship with the CITY and any obligations related thereto, including any provided under THE CONTRACT.

2.3 In accordance with this AGREEMENT and with applicable state and federal laws, EMPLOYEE acknowledges that EMPLOYEE has been advised of EMPLOYEE’s postemployment rights, including but not limited to, EMPLOYEE’s rights under the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”), the Employee Retirement Income Security Act of 1974 (“ERISA”), and the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).

3. CONSIDERATION

3.1 EMPLOYEE shall receive payment to him at the time of his voluntary separation all earned salary, accrued fringe benefits as detailed in THE CONTRACT, and/or all other wage compensation/benefits owed to EMPLOYEE upon separation of employment, as required by law or THE CONTRACT or any other agreement with THE CITY.

3.2. In exchange for the waivers and releases set forth herein, THE CITY shall also cause to be paid to EMPLOYEE an additional compensatory payment by means of severance, settlement and release in the form of a lump sum amount of ___________________________ and __ cents ($______.00), as set forth in THE CONTRACT in the form of a check made payable to EMPLOYEE to be mailed to EMPLOYEE at EMPLOYEE’s home address via certified mail return receipt requested within ______ (__) business days after the EFFECTIVE DATE (as defined below) of this AGREEMENT.

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17 3.3 In exchange for the severance payment provided for herein, EMPLOYEE, and on behalf of EMPLOYEE’s spouse, heirs, representatives, successors, and assigns, hereby releases, acquits, and forever discharges THE CITY, and each of its predecessors, successors, assigns, officials, employees, representatives, agents, insurers, attorneys, and all persons and entities acting by, through, under, or in concert with any of them, and each of them (hereinafter referred to as “THE CITY PARTIES”), from any and all claims, charges, complaints, contracts, understandings, liabilities, obligations, promises, benefits, agreements, controversies, costs, losses, debts, expenses, damages, actions, causes of action, suits, rights, and demands of any nature whatsoever, known or unknown, suspected or unsuspected, which EMPLOYEE now has or may acquire in the future, or which EMPLOYEE ever had, relating to or arising out of any act, omission, occurrence, condition, event, transaction, or thing which was done, omitted to be done, occurred or was in effect at any time from the beginning of time up to and including _______ __, ____ (hereinafter referred to collectively as “CLAIMS”), without regard to whether such CLAIMS arise under the federal, state, or local constitutions, statutes, rules or regulations, or the common law. EMPLOYEE expressly acknowledges that the CLAIMS forever barred by this AGREEMENT specifically include, but are not limited to, claims based upon any alleged breach of THE CONTRACT or any other agreement of employment, any demand for wages, overtime or benefits, any claims of violation of the provisions of ERISA, COBRA or HIPAA, any alleged breach of any duty arising out of contract or tort, any alleged wrongful termination in violation of public policy, any alleged breach of any express or implied contract for continued employment, any alleged employment discrimination or unlawful discriminatory act, or any claim or cause of action including, but not limited to, any and all claims whether arising under any federal, state or local law prohibiting breach of employment contract, wrongful termination, or employment discrimination based upon age, race, color, sex, religion, handicap or disability, national origin or any other protected category or characteristic, and any and all rights or claims arising under the California Labor Code or Industrial Welfare Commission Wage Orders, the Federal Fair Labor Standards Act, the California Fair Employment and Housing Act, California Government Code §§12900 et seq., the Americans With Disabilities Act, Title VII of the Civil Rights Act of 1964, the Public Safety Officers Procedural Bill of Right Act, and any other federal, state, or local human rights, civil rights, or employment discrimination or employee rights statute, rule, or regulation.

4. SPECIFIC ACKNOWLEDGMENT OF WAIVER OF CLAIMS UNDER

ADEA AND OWBPA
The Age Discrimination in Employment Act of 1967 (hereinafter referred to as the “ADEA”) makes it illegal for an employer to discharge any individual or otherwise discriminate with respect to the nature and privileges of an individual’s employment on the basis that the individual is age forty (40) or older. The Older Workers Benefit Protection Act (hereinafter referred to as the “OWBPA,” 29 U.S.C. § 626 et seq., Pub L 101-433, 104 Stat. 978 (1990)) further augments the ADEA and prohibits the waiver of any right or claim under the ADEA, unless the waiver is knowing and voluntary. By entering into this AGREEMENT, EMPLOYEE acknowledges that he knowingly and voluntarily, for just compensation in addition to anything of value to which EMPLOYEE was already entitled, waives and releases any rights he may have under the ADEA and/or OWBPA. EMPLOYEE further acknowledges that he has been advised and understands, pursuant to the provisions of the ADEA and OWBPA, that:

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18 (a) This waiver/release is written in a manner understood by EMPLOYEE; (b) EMPLOYEE is aware of, and/or has been advised of, her/his rights under the ADEA and OWBPA, and of the legal significance of her/his waiver of any possible claims he currently may have under the ADEA, OWBPA and/or similar age discrimination laws; (c) EMPLOYEE is entitled to a reasonable time of at least twenty-one (21) days within which to review and consider this AGREEMENT and the waiver and release of any rights he may have under the ADEA, the OWBPA and similar age discrimination laws; but may, in the exercise of his own discretion, sign or reject this AGREEMENT at any time before the expiration of the twenty-one (21) days;
(d) The waivers and releases set forth in this AGREEMENT shall not apply to any rights or claims that may arise under the ADEA and/or OWBPA after the EFFECTIVE DATE of this AGREEMENT;
(e) EMPLOYEE has been advised by this writing that he should consult with an attorney prior to executing this AGREEMENT;
(f) EMPLOYEE has discussed this waiver and release with, and been advised with respect thereto by, his counsel of choice, and that he does not need any additional time within which to review and consider this AGREEMENT;
(g) EMPLOYEE has seven (7) days following his execution of this AGREEMENT to revoke the AGREEMENT;
(h) Notice of revocation within the seven (7) day revocation period must be provided, in writing, to THE CITY pursuant to Paragraph 8.9 herein, and must state, “I hereby revoke my acceptance of our Agreement of Severance and General Release;” and (i) This AGREEMENT shall not be effective until all parties have signed the AGREEMENT and ten (10) days have passed since EMPLOYEE’s execution (“EFFECTIVE DATE”).

5. UNKNOWN CLAIMS
In relation to the release provisions of Paragraphs 3 and 4 above, EMPLOYEE understands that California Civil Code section 1542 reads as follows:
“General Release--Claims Extinguished”
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
EMPLOYEE hereby waives the protection of California Civil Code section 1542.

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01257.0004/850909.4
19 6. WAIVER OF ADDITIONAL CLAIMS
EMPLOYEE hereby waives any provisions of state or federal law that might require a more detailed specification of the claims being released pursuant to the provisions of Paragraphs 3, 4, and 5 above.

7. REPRESENTATIONS AND WARRANTIES
Each of the parties to this AGREEMENT represents and warrants to, and agrees with, each other party as follows:

7.1. Advice of Counsel: The parties hereto have received independent legal advice from their respective attorneys concerning the advisability of entering into and executing this AGREEMENT or have been given the opportunity to obtain such advice. The parties acknowledge that they have been represented by counsel of their own choice in the negotiation of this AGREEMENT, that they have read this AGREEMENT; that they have had this AGREEMENT fully explained to them by such counsel, or have had such opportunity to do so and that they are fully aware of the contents of this AGREEMENT and of its legal effect.

7.2. No Fraud in Inducement: No party (nor any officer, agent, employee, representative, or attorney of or for any party) has made any statement or representation or failed to make any statement or representation to any other party regarding any fact relied upon in entering into this AGREEMENT, and neither party relies upon any statement, representation, omission or promise of any other party in executing this AGREEMENT, or in making the settlement provided for herein, except as expressly stated in this AGREEMENT.

7.3. Independent Investigation: Each party to this AGREEMENT has made such investigation of the facts pertaining to this settlement and this AGREEMENT and all the matters pertaining thereto, as it deems necessary.

7.4. Mistake Waived: In entering into this AGREEMENT, each party assumes the risk of any misrepresentation, concealment or mistake. If any party should subsequently discover that any fact relied upon by it in entering into this AGREEMENT was untrue, or that any fact was concealed from it, or that its understanding of the facts or of the law was incorrect, such party shall not be entitled to any relief in connection therewith, including without limitation on the generality of the foregoing any alleged right or claim to set aside or rescind this AGREEMENT. This AGREEMENT is intended to be, and is, final and binding between the parties, regardless of any claims of misrepresentation, promise made without the intent to perform, concealment of fact, mistake of fact or law, or any other circumstance whatsoever.

7.5. Later Discovery: The parties are aware that they may hereafter discover claims or facts in addition to or different from those they now know or believe to be true with respect to the matters related herein. Nevertheless, it is the intention of the parties that EMPLOYEE fully, finally and forever settle and release all such matters, and all claims relative thereto, which do now exist, may exist or have previously existed against THE CITY or THE CITY PARTIES. In furtherance of such intention, the releases given here shall be, and remain, in effect as full and complete releases of all such matters, notwithstanding the discovery or existence of any additional or different claims or facts relative thereto.

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01257.0004/850909.4
20 7.6. Indemnification: EMPLOYEE agrees to indemnify and hold harmless THE CITY or THE CITY PARTIES from, and against, any and all claims, damages, or liabilities sustained by them as a direct result of the violation or breach of the covenants, warranties, and representations undertaken pursuant to the provisions of this AGREEMENT. EMPLOYEE understands and agrees that he shall be exclusively liable for the payment of all taxes for which he is responsible, if any, as a result of her/his receipt of the consideration referred to in Paragraph 3 of this AGREEMENT. In addition, EMPLOYEE agrees fully to indemnify and hold the CITY PARTIES harmless for payment of tax obligations as may be required by any federal, state or local taxing authority, at any time, as a result of the payment of the consideration set forth in Paragraph 3 of this AGREEMENT.

7.7. Future Cooperation & Consultation fees: EMPLOYEE shall execute all such further and additional documents as shall be reasonable, convenient, necessary or desirable to carry out the provisions of this AGREEMENT. EMPLOYEE shall provide THE CITY with consultation services (including deposition or trial testimony) in any litigation involving THE CITY which is reasonably related to acts or occurrences transpiring during her/his employment. Said services shall be provided as needed by THE CITY at a rate of $100.00 per hour.

7.8. Return of Confidential Information and Property: Prior to the separation date, EMPLOYEE shall submit a written inventory of, and return to the City Clerk, all City keys, equipment, computer identification cards or codes, and other equipment or materials or confidential documents provided to or obtained by EMPLOYEE during the course of her/his employment with THE CITY.

7.9 No Pending Claims and/or Actions: EMPLOYEE represents that he has not filed any complaints or charges against THE CITY or THE CITY PARTIES with any local, state or federal agency or court; that he will not do so at any time hereafter for any claim arising up to and including the EFFECTIVE DATE of this AGREEMENT; and that if any such agency or court assumes jurisdiction of any such complaint or charge against THE CITY or THE CITY PARTIES on behalf of EMPLOYEE, whenever or where ever filed, he will request such agency or court to withdraw from the matter forthwith.

7.10. Ownership of Claims: EMPLOYEE represents and warrants as a material term of this AGREEMENT that EMPLOYEE has not heretofore assigned, transferred, released or granted, or purported to assign, transfer, release or grant, any of the CLAIMS disposed of by this AGREEMENT. In executing this AGREEMENT, EMPLOYEE further warrants and represents that none of the CLAIMS released by EMPLOYEE thereunder will in the future be assigned, conveyed, or transferred in any fashion to any other person and/or entity.

7.11 Enforcement Fees and Costs: Should any legal action be required to enforce the terms of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees and costs in addition to any other relief to which that party may be entitled.

7.12 Authority: Each party represents to the other that it has the right to enter into this AGREEMENT, and that it is not violating the terms or conditions of any other AGREEMENT to which they are a party or by which they are bound by entering into this AGREEMENT. The parties represent that they will obtain all necessary approvals to execute this AGREEMENT. It is further represented and agreed that the individuals signing this AGREEMENT on behalf of the respective

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01257.0004/850909.4
21 parties have actual authority to execute this AGREEMENT and, by doing so, bind the party on whose behalf this AGREEMENT has been signed.

8. MISCELLANEOUS

8.1. No Admission: Nothing contained herein shall be construed as an admission by THE CITY of any liability of any kind. THE CITY denies any liability in connection with any claim and intends hereby solely to avoid potential claims and/or litigation and buy its peace.

8.2. Governing Law: This AGREEMENT has been executed and delivered within the State of California, and the rights and obligations of the parties shall be construed and enforced in accordance with, and governed by, the laws of the State of California.

8.3. Full Integration: This AGREEMENT is the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions. This AGREEMENT may be amended only by a further agreement in writing, signed by the parties hereto.

8.4. Continuing Benefit: This AGREEMENT is binding upon and shall inure to the benefit of the parties hereto, their respective agents, spouses, employees, representatives, officials, attorneys, assigns, heirs, and successors in interest.

8.5. Joint Drafting: Each party agrees that it has cooperated in the drafting and preparation of this AGREEMENT. Hence, in any construction to be made of this AGREEMENT, the parties agree that same shall not be construed against any party.

8.6. Severability: In the event that any term, covenant, condition, provision or agreement contained in this AGREEMENT is held to be invalid or void by any court of competent jurisdiction, the invalidity of any such term, covenant, condition, provision or agreement shall in no way affect any other term, covenant, condition, provision or agreement and the remainder of this AGREEMENT shall still be in full force and effect.

8.7. Titles: The titles included in this AGREEMENT are for reference only and are not part of its terms, nor do they in any way modify the terms of this AGREEMENT.

8.8. Counterparts: This AGREEMENT may be executed in counterparts, and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one AGREEMENT, which shall be binding upon and effective as to all parties.

8.9. Notice: Any and all notices given to any party under this AGREEMENT shall be given as provided in this paragraph. All notices given to either party shall be made by certified or registered United States mail, or personal delivery, at the noticing party’s discretion, and addressed to the parties as set forth below. Notices shall be deemed, for all purposes, to have been given on the date of personal service or three (3) consecutive calendar days following deposit of the same in the United States mail.

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01257.0004/850909.4
22 As to EMPLOYEE:

At EMPLOYEE’s home address on file with THE CITY.

As to THE CITY:

Mayor
City of South El Monte
1415 Santa Anita Ave.

South El Monte, California 91733
IN WITNESS WHEREOF, THE CITY has caused this AGREEMENT to be signed and executed on its behalf by its Mayor and duly attested by its City Clerk, EMPLOYEE has signed and executed this Agreement, and the attorneys for THE CITY and EMPLOYEE, if any, have approved as to form as of the dates written below.

DATED: ________________ EMPLOYEE
By: _________________________________
Rene Salas

THE CITY
DATED: __________________ By: _________________________________ Mayor
ATTEST:
__________________________
City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
By: ________________________
Anthony Taylor, City Attorney
[EMPLOYEE’s LAW FIRM]
By: ________________________
[Counsel]

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01257.0004/850909.4
EXHIBIT “C”
GOVERNMENT CODE SECTION 53243-53243.4
53243. On or after January 1, 2012, any contract executed or renewed between a local agency and an officer or employee of a local agency that provides paid leave salary offered by the local agency to the officer or employee pending an investigation shall require that any salary provided for that purpose be fully reimbursed if the officer or employee is convicted of a crime involving an abuse of his or her office or position.
53243.1. On or after January 1, 2012, any contract executed or renewed between a local agency and an officer or employee of a local agency that provides funds for the legal criminal defense of an officer or employee shall require that any funds provided for that purpose be fully reimbursed to the local agency if the officer or employee is convicted of a crime involving an abuse of his or her office or position.
53243.2. On or after January 1, 2012, any contract of employment between an employee and a local agency employer shall include a provision which provides that, regardless of the term of the contract, if the contract is terminated, any cash settlement related to the termination that an employee may receive from the local agency shall be fully reimbursed to the local agency if the employee is convicted of a crime involving an abuse of his or her office or position. 53243.3. On or after January 1, 2012, if a local agency provides, in the absence of a contractual obligation, for any of the payments described in this article, then the employee or officer receiving any payments provided for those purposes shall fully reimburse the local agency that provided those payments in the event that the employee or officer is convicted of a crime involving the abuse of his or her office or position.
53243.4. For purposes of this article, "abuse of office or position" means either of the following:
(a) An abuse of public authority, including, but not limited to, waste, fraud, and violation of the law under color of authority.
(b) A crime against public justice, including, but not limited to, a crime described in Title 5 (commencing with Section 67) or Title 7 (commencing with Section 92) of Part 1 of the Penal Code.

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City Council Agenda Report
Agenda Item No. 11.a.

DATE: January 24, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, Interim City Manager
SUBMITTED BY: Rene Salas, Interim City Manager
SUBJECT: LETTER FROM SOUTH EL MONTE NATIONAL LITTLE

LEAGUE REQUESTING A FACILITY FEE WAIVER FOR THE

USE OF NEW TEMPLE PARK FIELDS AND THE COMMUNITY

CENTER GYM, CONSIDERATION TO WAIVE THE PARK

LIGHTING FEES, AND CONSIDERATION TO WAIVE THE

FEES FOR THE INSTALLATION AND TEAR DOWN OF THE

FIELD FENCES
SUMMARY: The South El Monte National Little League (SEMNLL) is requesting reservation facility fee waivers for the use of New Temple Park fields and the Community Center Gymnasium and requesting the City Council consider waiving the reservation light fees and the associated labor cost incurred to install and remove five (5) fences at New Temple Park.

RECOMMENDED ACTION: Staff recommend City Council discuss and consider the facility reservation fee waiver request for the use of the New Temple Park fields and Community Center Gymnasium, and discuss the request to waive the light fees and the associated labor cost incurred to install and remove five (5) fences at New Temple Park.

FISCAL/FINANCIAL IMPACT: If approved in accordance with the Facility Reservation Regulations and Fee Schedule, the City will waive the facility rental fees in the amount of $43,400.00 and the SEMNLL will be responsible for all remaining costs including, but not limited to, light fees, insurance coverage, fence installation, etc.

If the City Council approves waiving the light fees and/or the labor cost incurred to install and remove five (5) fences at New Temple Park, the waived amount will have to be allocated from the City General Fund. The estimated cost to waive the light fees is approximately $8,850.00 and the estimated cost to waive the labor cost incurred to install and remove five (5) fences is approximately $4,700.00
Please refer to Attachment A, Cost Details, summarizing the fees associated with the reservation.

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DISCUSSION: The City has been a long-time sponsor and supporter of SEMNLL. The City has designated SEMNLL as a City grandfathered-youth sports organization that has first-use-right refusal of the fields at the parks during their agreed-upon season. SEMNLL is a non-profit group composed of volunteers and services the City by providing an affordable baseball and softball program for children ages 6-15.

SEMNLL is requesting a reservation facility fee waiver for the use of New Temple Park fields to host their 2023 baseball and softball season's practices and games from February 1, 2023 to July 15, 2023. SEMNLL is also requesting a reservation facility fee waiver to use the Community Center Gymnasium on April 15, 2023 to host a comedy night fundraiser and on June 24, 2023 to host their end of the season banquet.

Additionally, SEMNLL is requesting the City Council consider waiving the reservation light fees and the associated labor cost incurred to install and remove five (5) fences at New Temple Park. The requested fee waiver includes the rental of the five (5) New Temple Park fields, Monday through Friday from 4:30 p.m. to 9:30 p.m. and Saturdays and Sundays from 7:30 a.m. to 6:30 p.m.

According to the current City Council approved Facility Reservation Regulations and Fee Schedule, community partners and non-profit organizations are permitted fee waiver requests which solely cover the facility's rental fees. All other related reservation fees, including but not limited to, staff time, security, alcohol insurance coverage, light fee, chalking, etc. are the responsibility of SEMNLL.

SEMNLL is requesting that the City Council consider waiving the light fees in the estimated amount of $8,850.00 and labor costs incurred to install and remove five (5) fences at New Temple Park in the estimated amount of $4,700.00. SEMNLL has paid for light fees for the last three seasons, as well as all other non-profit organizations renting the fields. The City Council has the discretion to approve or deny any request not approved in the Facility Reservation Regulations and Fee Schedule.

Staff report prepared by Jayson Perez, Recreation Coordinator

ATTACHMENT(S):

A. SEMNLL Reservation Cost Details
B. SEMNLL Reservation Application
C. SEMNLL Fee waiver Request Letter

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ATTACHMENT A
South El Monte National Little League Reservation Cost Details Waived Facility Rental Fee
Fee Description Units Total
New Temple Park Fields $50/hr x 842 hrs $42,100.00
Community Center Gym 4/15/23 $100/hr x 8 hrs $800.00
Community Center Gym $100/hr x 5 hrs $500.00
Total: $43,400.00
Non- Waived Fees
Fee Description Units Total
New Temple Park Refundable
Damage Deposit
$500.00 $500.00
New Temple Park Insurance
Coverage
Agency will Provide N/A
Community Center Gym
4/15/22 Reservation
Staff Time $16/hr x 3 staff x 5hrs $240.00
Security Guards $38/hr x 2 staff x 5 hrs $380.00
Alcoholic insurance Coverage $170.90
Cleaning Fee $300.00
Damage Deposit $600.00
Community Center Gym
6/24/23 Reservation
Staff Time $16/hr x 2 staff x 5hrs $160.00
Insurance Coverage Agency will provide N/A
Cleaning Fee $300.00
Damage Deposit $600.00
Total: $3,250.00
Special Request to Waive Light Fees
Fee Description Units Total
New Temple Park Light Fee $30/hr x 295 hrs $8,850.00
❖ Amount may vary due to additional request or cancellation Special Request to Waive Fence installation and Tear Down Fee Description Units Total
New Temple Park Fencing (5) fence installation and tear down
$4,700.00

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ATTACHMENT B

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ATTACHMENT C

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City Council Agenda Report
Agenda Item No. 19.a.

DATE: January 24, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, Interim City Manager
SUBMITTED BY: Donna Schwartz, City Clerk
SUBJECT: CONSIDERATION AND APPROVAL OF THE SUCCESSOR
AGENCY MEETING MINUTES FOR OCTOBER 25, 2022
SUMMARY: Staff is requesting approval of the Minutes of the October 25, 2022 Successor Agency Meeting.

RECOMMENDED ACTION: Staff recommends the Board approve the Successor Agency Meeting Minutes of October 25, 2022.

FISCAL/FINANCIAL IMPACT: None.

DISCUSSION: None.

ATTACHMENT(S):

A. Minutes

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CITY OF SOUTH EL MONTE

SUCCESSOR AGENCY MEETING MINUTES
TUESDAY, OCTOBER 25, 2022 - 6:00 p.m.

Successor Agency Meeting Immediately Followed Regular City Council Meeting

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

16. CALL TO ORDER AND ROLL CALL
Chair Olmos called the meeting to order at 9:06 p.m.

PRESENT: Board Member(s): Angel, Retamoza, Vice Chair Acosta, and Chair Olmos.

ABSENT: Board Member(s): Delgado
STAFF PRESENT: Rene Salas, Interim Executive Director; Anthony R. Taylor, General Counsel; Donna G. Schwartz, Secretary; and Paola Lara, Deputy City Clerk.

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

17. APPROVAL OF AGENDA
A motion was made by Board Member Angel, seconded by Vice Chair Acosta to approve the agenda. Motion carried 4-0-1, by the following vote:

AYES: Board Member(s): Angel, Retamoza, Vice Chair Acosta, and Chair Olmos.

NAYS: None.

ABSENT: Board Member(s): Delgado

18. PUBLIC COMMENTS

Chair Olmos opened public comment, there being none, closed public comment.

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19. CONSENT CALENDAR
A motion was made by Board Member Retamoza, seconded by Vice Chair Acosta to approve the Consent Calendar. Motion carried 4-0-1, by the following vote:

AYES: Board Member(s): Angel, Retamoza, Vice Chair Acosta, and Chair Olmos.

NAYS: None.

ABSENT: Board Member(s): Delgado

19.a. Approved the Regular Successor Agency Meeting Minutes of September 27, 2022.
19b. Approved going dark on Tuesday, November 22, 2022 and December 27, 2022 due to the Thanksgiving and Christmas holidays.

20. EXECUTIVE DIRECTOR'S AGENDA – None

21. ADJOURNMENT OF SUCCESSOR AGENCY MEETING
There being no further business coming before this body, at 9:07 p.m. Chair Olmos adjourned the meeting.
___________________________ _____________________
Donna G. Schwartz, Secretary Gloria Olmos, Chair

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South El Monte City CouncilJanuary 24, 2023

South El Monte City Council
January 24, 2023