South El Monte City Council
April 11, 2023

Gloria Olmos, Mayor
Richard Angel, Mayor Pro Tem
Manuel Acosta, Councilmember
Rudy Bojorquez, Councilmember
Hector Delgado, Councilmember
Rene Salas, City Manager
Donna G. Schwartz, City Clerk
Anthony R. Taylor, City Attorney

CITY OF SOUTH EL MONTE

REGULAR MEETING OF THE SOUTH EL MONTE CITY COUNCIL
AGENDA
April 11, 2023, 6:00 PM
1415 Santa Anita Avenue, South El Monte, CA 91733

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

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

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

AMERICANS WITH DISABILITIES ACT
In accordance with the Americans with Disabilities Act of 1990, if you require a disability-related modification or accommodation to attend or participate in this meeting, including auxiliary aids or services, please call the City Clerk’s office at (626) 652-3180 or (626) 652-3121 at least 72 hours prior to the meeting.

GENERAL COMMENT
Members of the public wishing to submit a general comment or a comment on an agenda item, can email [email protected] or call (626) 652-3180 to leave a voicemail message. All comments received an hour before the scheduled meeting will be read during public comment and made part of the record.

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

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

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

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

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

Donna G. Schwartz, CMC, City Clerk
Ph (626) 652-3180
Cell (626) 274-4842
Paola Lara, Deputy City Clerk
Ph (626) 652-3121
Cell (626) 374-1998

AGENDA BEGINS ON THE FOLLOWING PAGE

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

2. PLEDGE OF ALLEGIANCE
Councilmember Hector Delgado

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

4. PRESENTATIONS

4.a. Proclamation Presented to Kim Sinclair, Executive Director, Autism Society of Los Angeles, Proclaiming "April 2023 as Autism Acceptance Month"

4.b. Proclamation Presented to Pauline Guevarra, OneLegacy Ambassador, Kidney Recipient and Donor, Proclaiming "April 2023 as Donate Life Month"

4.c. Certificates of Recognition Presented to the South El Monte Youth Basketball Co-Ed League Youth Participants for Placing 2nd at the Southern California Municipal Athletic Federation (SCMAF) San Gabriel Valley Youth Basketball Tournament

4.d. Certificates of Recognition Presented to the South El Monte High School Academic Decathlon Team Congratulating Their Top 10 Ranking in the 2023 Los Angeles County of Education Academic Decathlon Competition

4.e. Certificate of Recognition Presented to Gabriela M. Negrete, Principal, Epiphany Catholic School for Being Selected "Woman of the Year" by Assemblymember Lisa Calderon, District 56

4.f. Presentation by Amy Wong, Program Director, David Diaz, Executive Director and Carlos Vasquez, Managing Director, Active San Gabriel Valley (ActiveSGV) on South El Monte Rush Street- Sustainable Transportation Equity Project (STEP)

4.g. Update on Measure ES Funds by Masami Higa, Finance Director, City of South El Monte

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

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

6. PUBLIC COMMENT
Speakers may provide public comments on any matter within the subject matter jurisdiction of the City Council, including items on the agenda. Each speaker will be limited to five minutes. Unless a majority of the Council objects, the Mayor may provide speakers more or less time to speak. All comments or queries shall be addressed to the Council as a body and not to any specific member thereof. Pursuant to Government Code Section 54954.2(a)(2), the Ralph M. Brown Act, no action or discussion by the City Council shall be undertaken on any item not appearing on the posted agenda, except to briefly provide information, ask for clarification, provide direction to staff, or schedule a matter for a future meeting.

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

7.a. CONSIDERATION AND APPROVAL OF THE REGULAR CITY
COUNCIL MEETING MINUTES OF MARCH 28, 2023

Staff is requesting approval of Minutes for the March 28, 2023 Regular City Council Meeting.

RECOMMENDED ACTION: Staff is requesting approval of Minutes for the March 28, 2023 Regular City Council Meeting.

7.b. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 23-29, APPROVING WARRANTS FOR THE PERIOD OF MARCH 29, 2023
THROUGH APRIL 11, 2023

Authorizing payment of City expenditures for the period of March 29, 2023 through April 11, 2023, totaling $1,351,582.05.

RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 23-29 authorizing payment of City expenditures.

7.c. and 7.d. next page.

CONSENT CALENDAR (CONTINUED)

7.c. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 23-30,

APPROVING AUTHORIZATION TO ENTER INTO ADDITIONAL NATIONAL

OPIOID SETTLEMENTS WITH TEVA, ALLERGAN, WALMART, WALGREENS,

AND CVS
At this time, a new settlement is proposed with Teva, Allergan, Walmart, Walgreens, and CVS, who are additional defendants that are retailers and manufacturers of opioids (for the purposes of this submittal, Teva, Allergan, Walmart, Walgreens, and CVS are collectively referred to as the “2023 Settling Defendants”). The terms of the 2023 Settlement Agreements are similar to the 2021 Settlement Agreements, which includes the requirement that a critical mass of participation is required, provides for a broad release of the 2023 Settling Defendants from liability relating to opioids, and, further, direct or indirect payment of settlement funds to the various local agencies agreeing to participate.

RECOMMENDED ACTION: Staff recommends City Council:

1. Approve Settlement Agreements and Participation Forms for the City’s participation in the National Opioid Settlement Agreements with Teva, Allergan, Walmart, Walgreens, and CVS;

2. Approve the California State-Subdivision Agreements Regarding Distribution and Use of Settlement Funds relating to the National Opioid Settlement Agreements with Teva, Allergan, Walmart, Walgreens, and CVS; and

3. Adopt Resolution No. 23-30, approving and authorizing the City Manager to carry out all necessary acts such that the City can participate in the National Opioid Settlements with Teva, Allergan, Walmart, Walgreens, and CVS, including signing necessary documents and transmittal thereof as necessary.

7.d. CONSIDERATION OF RESOLUTION NO. 23- 31, AUTHORIZING EXECUTION OF AMENDMENT NO. 2 TO THE MEMORANDUM OF AGREEMENT WITH

THE SAN GABRIEL VALLEYCOUNCIL OF GOVERNMENTS (SGVCOG) FOR

PARTICIPATION IN THE SAN GABRIEL VALLEY REGIONAL VEHICLE

MILEAGE TRAVELED ANALYSIS MODEL
On March 24th, 2020, the City Council approved an Memorandum of Agreement (MOA) with the SGVCOG to participate in the San Gabriel Valley Regional VMT Analysis Model. This Amendment No. 2 will add a web-based Regional VMT Analysis Tool ("Analysis Tool") to the scope of work, increase the compensation to be paid to SGVCOG by $ 2,750 and extend the term of the MOA to April 1, 2028. The 2nd Amendment will also require a payment not to exceed $15,000 from each City, which will go toward completing the model VMT analysis with more up to date data.

RECOMMENDED ACTION: Staff recommends City Council

1. Adopt Resolution No. 23-31, approving Amendment No. 2 to the existing Memorandum of Agreement (MOA) with the San Gabriel Valley Council of Governments extending the term of the MOA until April 2028, and increasing compensation under the MOA and incorporating the Analysis Tool to the scope of work, for an amount not to exceed $15,000.00 for the implementation of the San Gabriel Valley Regional Vehicle Miles Traveled (VMT) Analysis Model & Tool Update; and

2. Authorize City Manager to execute the amendment.

8. PUBLIC HEARINGS - None

9. GENERAL BUSINESS

9.a. AUTHORIZATION FOR 2023 STAFF DEVELOPMENT AND TEAM

BUILDING EVENT

The City Council supported the first Staff Development and Team Building Event previously held on April 30, 2022 at New Temple Park. This year, staff is seeking the support from the City Council to host another Staff Development and Team Building Event on Saturday, April 29, 2023.

RECOMMENDED ACTION: Staff recommends City Council approve a 2023 Staff Development and Team Building Event and allocate $5,000.00 from the General Fund to the Human Resources Recognition account 01- 100-1050-5940 to host the event.

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

11. CORRESPONDENCE

11.a. LETTER FROM EL MONTE/ SOUTH EL MONTE JETS REQUESTING A

FACILITY FEE WAIVER FOR THE USE OF THE COMMUNITY CENTER, NEW TEMPLE PARK AND DEAN L. SHIVELY PARK FIELDS,

CONSIDERATION TO WAIVE THE PARK LIGHT FEES, AND

CONSIDERATION OF A MONETARY DONATION

The El Monte/ South El Monte Jets (Jets) are requesting a facility reservation fee waiver for the use of the City Community Center, New Temple Park fields, and Dean L. Shivley Park field to host football practices, cheerleading practices, sports physicals, and season banquets.

Additionally, the Jets are also requesting the City Council consider waiving the park light fees and consider a monetary donation up to $4,900.00.

RECOMMENDED ACTION: Staff recommends City Council discuss and consider the facility reservation fee waiver for the use of the Community Center, fields at Dean L. Shively Park and New Temple Park in the amount of $42,352.00, the request to waive the park light fees in the estimated amount of $15,097.50, and request of a monetary donation up to $4,900.00.

12. COUNCILMEMBERS’ AGENDA - None

13. CLOSED SESSION

13.a. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(d)(2) – (two cases)

14. ADJOURNMENT
Tuesday, April 25, 2023, at 6:00 p.m.

I Donna G. Schwartz, hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted not less than 72 hours at the following locations: City of South El Monte City Hall, Senior Center and Community Center and made available at www.cityofsouthelmonte.org on this 6
th day of April 2023.

City Clerk, CMC

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

DATE: April 11, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Donna Schwartz, City Clerk
SUBJECT: Proclamation Presented to Kim Sinclair, Executive Director, Autism Society of Los Angeles, Proclaiming "April 2023 as Autism Acceptance Month"
SUMMARY:

RECOMMENDED ACTION:

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

A. Proclamation

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

DATE: April 11, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Donna Schwartz, City Clerk
SUBJECT: Proclamation Presented to Pauline Guevarra, OneLegacy Ambassador, Kidney Recipient and Donor, Proclaiming "April 2023 as Donate Life Month"
SUMMARY:

RECOMMENDED ACTION:

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

A. Proclamation

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

DATE: April 11, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Ariana De La Cruz, Recreation Supervisor
SUBJECT: Certificates of Recognition Presented to the South El Monte Youth Basketball Co-Ed League Youth Participants for Placing 2 nd at the Southern California Municipal Athletic Federation (SCMAF) San Gabriel Valley Youth Basketball Tournament
SUMMARY:

RECOMMENDED ACTION:

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

None

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

DATE: April 11, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Donna Schwartz, City Clerk
SUBJECT: Certificates of Recognition Presented to the South El Monte High School Academic Decathlon Team Congratulating Their Top 10 Ranking in the 2023 Los Angeles County of Education Academic Decathlon Competition
SUMMARY:

RECOMMENDED ACTION:

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

None

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

DATE: April 11, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Dianna Gomez, Executive Assistant
SUBJECT: Certificate of Recognition Presented to Gabriela M. Negrete, Principal, Epiphany Catholic School for Being Selected "Woman of the Year" by Assemblymember Lisa Calderon, District 56 SUMMARY:

RECOMMENDED ACTION:

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

None

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

DATE: April 11, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Rene Salas, City Manager
SUBJECT: Presentation by Amy Wong, Program Director, David Diaz, Executive Director and Carlos Vasquez, Managing Director, Active San Gabriel Valley (ActiveSGV) on South El Monte Rush Street- Sustainable Transportation Equity Project (STEP) SUMMARY:

RECOMMENDED ACTION:

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

A. Presentation

Presentation on South El Monte Rush
Street- Sustainable Transportation
Equity Project (STEP)
4/11/23

Outline

1. Project Information

2. Implementation Plan

3. Funding Opportunities

4. Final Report and Project CloseOut

Project Vision
● A more sustainable and resilient
South El Monte
○ Increase in multimodal
transportation
○ Promotion of safety and
comfort for all users
○ Exploration of urban forest,
transit-oriented development,
and housing

Project Schedule
● Project Kick-Off Meeting— March 24, 2022
● Community Workshop #1— June 9, 2022
● Community Workshop #2— October 27, 2022
● Community Workshop #3— February 23, 2023
● Presentations to City Council— March and April
2023
● Project Close-Out— March/ April 2023

Community Outreach Efforts Completed
● Website: RushStreetSEM.org
● 3 community workshops
● 3 rounds of door-to-door outreach along Rush Street
● 12 pop-ups at local community spots
● 23,907 texts sent out to South El Monte residents
● 4 mailers sent to homes and businesses within 0.5- 1.5 miles of Rush ● 7 stakeholder interviews
● 256 community surveys from first round
● 357 community surveys from second round

Implementation Plan
● Phase 1
● Introduce a center two-way left turn lane
● Reduce existing lanes of traffic from two lanes in each direction, to one
● Shift existing on-street parking towards center of street ● Remove some of existing on-street parking to
accommodate sidewalk extensions

Implementation Plan
● Phase 2
● Extend existing sidewalk
● Connect new sidewalk with existing drainage and electrical infrastructure
● Integrate new sidewalk with existing driveway aprons

Implementation Plan
● Phase 3
○ Install buffer between on-street parking and new bike lane ○ Stripe Class II Bike Lane on extended sidewalk
○ Introduce new tree planters between new bike lane and pedestrian pathway

Funding Opportunities
Grant/ Program Source Agency
STEP Implementation Grant State California Air Resources Board California Active Transportation Program State/ Federal CalTrans Net Toll Grant Program Regional Metro
CalTrans Clean CA State CalTrans
Measure M - Local Return Regional Metro
Measure M - Subregional Regional LACMTA
Greenlining the Block Regional Page 25 of 100 The Greenlining Institute Final Report and Project Close-Out
● Final Report will be made available on RushStreetSEM.org ● Implementation of corridor is dependent on funding
● Pursue funding opportunities to implement Rush Street project, per City Council direction

Thank you!
Contact us if you have questions: [email protected]
RushStreetSEM.org

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

DATE: April 11, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Masami Higa, Finance Director
SUBJECT: Update on Measure ES Funds
SUMMARY:

RECOMMENDED ACTION:

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

A. Presentation

Update on Measure ES Funds
Presentation

CITY OF SOUTH EL MONTE
April 11, 2023

 On July 9, 2019, City Council adopted Resolution No. 19-55 adopting the Fiscal 19-20 General Fund Budget.
§ The estimated deficit for the General Fund was $806,525. § However, the actual audited increase in fund balance for the fiscal year was $438,054.
§ These variances are believed to be caused by vacancies not filled and additional cost not incurred as initially expected.
2 GENERAL FUND
FY19-20 BUDGET

 On June 29, 2020, City Council adopted Resolution No. 20-73 adopting the Fiscal 20-21 General Fund Budget.
§ Estimated deficit for the General Fund was $2,384,001, with an increasing annual deficit expected into the future.
3 GENERAL FUND
FY20-21 BUDGET

 In order to make the City’s General Fund sustainable, the City placed Measure ES on the November 3, 2020 general municipal election, asking its voters to vote on a quarter percent general transactions and use tax, which passed.  Impartial Analysis of Measure ES states:
§ Measure “ES” is a general tax and would generate approximately $1,000,000 annually for funding of general City services until ended by voters. Funds generated would be placed in the City’s general fund, are unrestricted, and may be used for any City general fund purposes, such as:
§ Maintaining 911 emergency response times, Sheriff’s neighborhood patrols, gang prevention
§ Maintaining streets;
§ Keeping public areas safe/clean;
§ Maintaining afterschool programs (e.g., youth/senior services) § Public safety
§ Parks and recreation services
§ Maintaining infrastructure (e.g., streets, sidewalks, parks, City facilities) § Other City services
4 MEASURE ES

 On June 22, 2021, City Council adopted Resolution No. 21-42 adopting the Fiscal 21-22 General Fund Budget.
§ Estimated deficit for the General Fund was $0, with an increasing annual deficit expected into the future.
5 GENERAL FUND
FY21-22 BUDGET

 On June 28, 2022, City Council adopted Resolution No. 22-48 adopting the Fiscal 22-23 General Fund Budget.
§ Estimated surplus for the General Fund was $4,803,568, due to one-time ARPA funds being applied towards the Sheriff contract, with an increasing annual deficit expected into the future.
6 GENERAL FUND
FY22-23 BUDGET

 The City Manager kicked-off the FY23-24 budget preparation early on January 2, 2023.
§ Staff is currently reviewing the FY23-24 budget and preparing to conduct a budget workshop with City Council.
7 GENERAL FUND
FY23-24 BUDGET

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

DATE: April 11, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Donna Schwartz, City Clerk
SUBJECT: CONSIDERATION AND APPROVAL OF THE REGULAR CITY COUNCIL MEETING MINUTES OF MARCH 28, 2023
SUMMARY: Staff is requesting approval of Minutes for the March 28, 2023 Regular City Council Meeting.

RECOMMENDED ACTION: Staff is requesting approval of Minutes for the March 28, 2023 Regular City Council Meeting.

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

A. Minutes

CITY OF SOUTH EL MONTE

REGULAR CITY COUNCIL MEETING MINUTES
TUESDAY, MARCH 28, 2023 - 6:00 PM

1. ROLL CALL
Mayor Olmos called the meeting to order at 6:00 PM
PRESENT: Councilmember(s): Acosta, Bojorquez, Mayor Pro Tem Angel, and Mayor Olmos
ABSENT: Councilmember(s): Delgado
STAFF PRESENT: Rene Salas, City Manager; Anthony R. Taylor, City Attorney; Donna G. Schwartz, City Clerk; Masami Higa, Interim Finance Director; Guillermo Arreola, Planning Manager; and Paola Lara, Deputy City Clerk.

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

2. PLEDGE OF ALLEGIANCE – Councilmember Rudy Bojorquez led the Pledge of Allegiance.

3. INVOCATION – Laura Lozano, Permit Technician, City of South El Monte, offered the Invocation.

4. PRESENTATIONS
Mayor Olmos requested Item 12.a.1. be moved up for discussion and action at this time. Council concurred.

12.a. Councilmember Rudy Bojorquez

1. Discussion in Regards to the "Sacrifice & Service" Event During the Week of Memorial Day.

Item 12.a..1 was discussed in combination with item 4.a.

Larry Rodriguez, resident, Joe Leal, County Representative for Veterans, Marc Tavera, VFW Post 10218, and Heliodoro Duarte Jr., American Legion Post 16, requested City Council’s support of the American Flag Project during the week of Memorial Day to be held in front of Shively School. Mr. Duarte asked if the city could provide lighting during the evening of the event.

Councilmember Bojorquez announced he has been collaborating with the presenters on this project and requested the city promote the event in the city’s newsletter, on social media, and on the city hall marquee.

City council supported Councilman Bojorquez’ request and directed staff to promote the event and bring back to Council a staff report with the cost for lighting.

PRESENTATIONS (CONTINUED)

4.a. Item 4.a. was discussed along with item 12.a.1. after Invocation.

4.b. City Council presented a plaque to Magdalena “Maggie” Valdivia, Community Services Liaison, Los Angeles County Fire Department on her retirement and 17 years of service.

Crystal Lopez, Representing Senator Susan Rubio’s Office, presented a Certificate of Recognition to Maggie Valdivia.

At 6:26 p.m. Mayor Olmos called for a recess. At 6:38 p.m. Mayor Olmos reconvened the meeting.

4.c. Amanda Mejia, Director of Government Affairs, Athens Services, presented a PowerPoint to City Council on updates and upcoming events.

4.d. Christina Monzer, The Robert Group, presented a PowerPoint on the Puente Hills Land Fill Park.

4.e. City Council received a report from the Sheriff's Department and discussed matters concerning law enforcement in the City for the month of February.

4.f. City Council received a report from Code Enforcement Officer Raul Rodriguez on code enforcement and public safety activities for the month of February.

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

ORDINANCES
A motion was made by Councilmember Acosta, seconded by Councilmember Bojorquez to approve the agenda. Motion passed 4-0-1, by the following vote:

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

6. PUBLIC COMMENT
Mayor Olmos opened public comment.

1. Eduardo Saucedo, South El Monte resident, voiced his concern with individuals who rummage through resident trash cans, thanked the Sheriff’s department for deterring crime and suggested having a substation for them.

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

7. CONSENT CALENDAR
A motion was made by Mayor Pro Tem Angel, seconded by Councilmember Acosta to approve the Consent Calendar. Motion passed 4-0-1, by the following vote:

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

7.a. Approved the Minutes of the Regular City Council Meeting of March 14, 2023.

7.b. Adopted Resolution No. 23-24, authorizing payment of City expenditures for the period of March 15, 2023, through March 28, 2023, totaling $600,093.43.

7.c. Approved an RFP for mechanical and lighting energy efficiency upgrade services for South El Monte Autonomous Building Controls Retrofit Project and authorized staff to solicit proposals.

7.d. Received and filed the City of South El Monte housing element annual progress report.

8. PUBLIC HEARINGS – None.

9. GENERAL BUSINESS

9.a. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 23-25, APPROVING AMENDMENT NO. 1 TO THE LEASE AGREEMENT WITH

AKITOI LEARNING CENTER, LLC
Mayor Olmos announced the item.

A motion was made by Mayor Pro Tem Angel, seconded by Councilmember Acosta to adopt Resolution No. 23-25, approving Amendment No. 1 entering into a three-year extension to the lease agreement with Akitoi Learning Center, LLC and authorizing the City Manager or designee to execute the lease amendment.

Motion passed 4-0-1, by the following vote:

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

9.b. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 23-26, APPROVING AMENDMENT NO. 1 TO AGREEMENT WITH WEST

COAST ARBORIST FOR TREE MAINTENANCE SERVICES
Mayor Olmos announced the item.

A motion was made by Mayor Pro Tem Angel, seconded by Councilmember Bojorquez to adopt Resolution No. 23-26, amending the contract with West Coast Arborists for an additional three months to complete tree timing work for fiscal year 2022/23 and increase the annual budget in the amount of $200,000.

Motion passed 4-0-1, by the following vote:

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

9.c. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 23-27,

APPROVING A MEMORANDUM OF UNDERSTANDING (MOU)

BETWEEN THE CITY OF SOUTH EL MONTE AND MVP SOUTH EL

MONTE I, LLC FOR A PROPOSED DEVELOPMENT OF PROPERTY
LOCATED AT 825 LEXINGTON-GALLATIN ROAD ("PROPERTY")
Mayor Olmos announced the item.

A motion was made by Mayor Pro Tem Angel, seconded by Councilmember Bojorquez to adopt Resolution No. 23-27, approving an MOU with MVP South El Monte I, LLC for a proposed development of property located at 825 LexingtonGallatin Road and authorized the City Manager or designee to negotiate and execute the MOU. Motion passed 4-0-1, by the following vote:

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

9.d. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 23-28, APPROVING AMENDMENT NO. 1 TO THE COOPERATIVE

PURCHASING AGREEMENT WITH GAMETIME - PLAYCORE
WISCONSIN, INC. - FOR THE PURCHASE AND INSTALLATION OF

NEW PLAYGROUND EQUIPMENT AND SAFETY SURFACING AT

SHIVELY PARK
Mayor Olmos announced the item.

A motion was made by Councilmember Acosta, seconded by Mayor Pro Tem Bojorquez to adopt Resolution No. 23-28, amending the Cooperative Purchasing Agreement with Gametime - Playcore Wisconsin, Inc. for the purchase and installation of new playground equipment Shively Park and increase compensation by $44,196.06; and approve the use of $44,196.06 of In-Lieu funds; and authorize the City Manager to negotiate a Memorandum of Understanding with the Valle Lindo School District for a Cost Share Agreement to receive reimbursement in the amount of $18,032.00 from the Valle Lindo School District for the project. Motion passed 4-0-1, by the following vote:

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

10. COMMITTEE REPORTS, INCLUDING AB 1234 REPORTS
Councilmember Acosta announced his attendance at the Water Education for Latino Leaders Workshop, the City’s “State of the City,” the City’s T-Ball Opening Day, and invited the public to the Community Bike Ride on Saturday, April 1st.

Councilmember Bojorquez, announced his attendance at the City’s Employee All-Staff meeting, the City’s “State of the City,” and tour of the Valle Lindo School District.

Mayor Pro Tem Angel announced his attendance at the Senior Center’s St.

Patrick’s Day Luncheon, the City’s T-Ball Opening Day, the City’s “State of the City,” and announced the new Librarian of the South El Monte Library was in the attendance. Ms. Sil Ruiz introduced herself.

Mayor Olmos announced her attendance at the City’s “State of the City,” the City’s T-Ball Opening Day, the City’s Employee All-Staff meeting, and the Senior Center’s St. Patrick’s Day Luncheon.

11. CORRESPONDENCE

11.a. CORRESPONDENCE REGARDING SISTER CITIES PROGRAM

BETWEEN CITY OF SOUTH EL MONTE AND GOMEZ PALACIO,

DURANGO, MEXICO
Mayor Olmos announced the item and City Manager Rene Salas presented the staff report.

City Manger Rene Salas suggested the City send Gomez Palacio, Durango, Mexico, our city profile to continue communication as a sister city. Council concurred.

11.b. CORRESPONDENCE FROM KUNSHAN, CHINA, FOREIGN AFFAIRS

OFFICE WISHING TO RECONNECT INTERNATIONAL RELATIONS

THROUGH FRIENDSHIP WITH THE CITY OF SOUTH EL MONTE
Mayor Olmos announced the item.

Mayor Pro Tem Angel directed the City Manager to call Kunshan, China, Foreign Affairs Office to gather more information on what they are requesting. Council concurred.

11.c. CORRESPONDENCE FROM CONSULATE GENERAL OF THE

PEOPLE'S REPUBLIC OF CHINA IN LOS ANGELES, REQUESTING

TO RENEW SISTER CITY RELATIONSHIP BETWEEN CHINESE CITY

XIANGTAN AND SOUTH EL MONTE
Mayor Olmos announced the item.

Mayor Pro Tem Angel directed the City Manager to call People’s Republic of China in Los Angeles, to gather more information on what they are requesting.

Council concurred.

ITEM 12.a.1. DISCUSSED UNDER PRESENTATIONS

12. COUNCILMEMBERS’ AGENDA

12.a. MAYOR GLORIA OLMOS
Discussion in Regards to the "Sacrifice & Service" Event During the Week of Memorial Day

12.a.1. was discussed after Invocation.

13. CLOSED SESSION – None.

14. RECESS COUNCIL MEETING
Mayor Olmos recessed the meeting at 7:35 p.m.

Mayor Olmos adjourned the Successor Agency meeting at 7:42 p.m.

Mayor Olmos Reconvened the City Council meeting at 7:42 p.m.

15. ADJOURNMENT
At 7:42 p.m. Mayor Olmos adjourned the meeting to a Regular City Council Meeting on Tuesday, April 11, 2023, at 6:00 p.m.
______________________________ ______________________
Donna G. Schwartz, CMC, City Clerk Gloria Olmos, Mayor

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

DATE: April 11, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Masami Higa, Finance Director
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
23-29, APPROVING WARRANTS FOR THE PERIOD OF
MARCH 29, 2023 THROUGH APRIL 11, 2023
SUMMARY: Authorizing payment of City expenditures for the period of March 29, 2023 through April 11, 2023, totaling $1,351,582.05.

RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 23-29 authorizing payment of City expenditures.

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

A. Resolution No. 23-29
B. Warrant Register

ATTACHMENT A

RESOLUTION NO. 23-29

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL

ALLOWING CERTAIN CLAIMS AND DEMANDS FOR THE
PERIOD OF MARCH 29, 2023, THROUGH APRIL 11, 2023,
TOTALING $1,351,582.05.

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

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

CLAIMANT CLAIM PERIOD WARRANT #’S AMOUNT
FY 22/23 Electronic Warrants 3/29/23-4/11/23 DFT0000535-582 $157,234.19 FY 22/23 Regular Warrants 3/29/23-4/11/23 12030-12100 $1,042,819.79 Payroll Check PPE 4/01/23 1350-1358 $8,406.49
Payroll Direct Deposit PPE 4/01/23 3606-3702 $143,121.58 TOTAL EXPENDITURES RESOLUTION NO. 23-29 $1,351,582.05
PASSED, APPROVED, AND ADOPTED this 11th day of April 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. 23-29, 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 11th day of April 2023, and that said Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________
Donna G. Schwartz, City Clerk

Vendor Name Amount
NATIONWIDE RETIREMENT SOLUTIONS 12030 03/27/2023STANDARD INSURANCE 12031 03/27/2023STANDARD INSURANCE 12031 03/27/2023STANDARD INSURANCE 12032 03/27/2023STANDARD INSURANCE 12032 03/27/2023STATE OF CA FRANCHISE TAX BOARD 12033 03/27/2023VONS CREDIT UNION 12034 03/27/2023VONS CREDIT UNION 12034 03/27/2023RENE SALAS 12035 03/28/2023ABSOLUTE SECURITY INTERNATIONAL 12036 04/05/2023ALEJANDRO MIRAMONTES DE ANDA 12037 04/05/2023ALESHIRE & WYNDER, LLP 12038 04/05/2023AMAZON CAPITAL SERVICES, INC 12039 04/05/2023AMAZON CAPITAL SERVICES, INC 12039 04/05/2023AMAZON CAPITAL SERVICES, INC 12039 04/05/2023AMAZON CAPITAL SERVICES, INC 12039 04/05/2023AMAZON CAPITAL SERVICES, INC 12039 04/05/2023AMAZON CAPITAL SERVICES, INC 12039 04/05/2023AMAZON CAPITAL SERVICES, INC 12039 04/05/2023ARIANA GUTIERREZ 12040 04/05/2023AUTOZONE 12041 04/05/2023AUTOZONE 12041 04/05/2023AUTOZONE 12041 04/05/2023AUTOZONE 12041 04/05/2023AUTOZONE 12041 04/05/2023AUTOZONE 12041 04/05/2023AUTOZONE 12041 04/05/2023AUTOZONE 12041 04/05/2023AUTOZONE 12041 04/05/2023AUTOZONE 12041 04/05/2023AUTOZONE 12041 04/05/2023AUTOZONE 12041 04/05/2023B&M LAWN & GARDEN CENTER 12042 04/05/2023B&M LAWN & GARDEN CENTER 12042 04/05/2023BASE HILL, INC. 12043 04/05/2023BLANCA M. FIGUEROA 12044 04/05/2023BROTHERS AWARDS & TROPHIES 12045 04/05/2023BSN SPORTS LLC 12046 04/05/2023BUCKNAM INFRASTRUCTURE GROUP, INC 12047 04/05/2023BUREAU VERITAS NORTH AMERICAN INC. 12048 04/05/2023BUREAU VERITAS NORTH AMERICAN INC. 12048 04/05/2023BUREAU VERITAS NORTH AMERICAN INC. 12048 04/05/2023BUREAU VERITAS NORTH AMERICAN INC. 12048 04/05/2023

ATTACHMENT B

01.0140.1440.5215 2/7/23 INSPECTION SVCS MILEAGE REIMB 111.9301.0140.1440.5215 FEB'23 BLDG INSPECTOR SVCS 7,036.9138.0900.9000.5974 FEB'23 PROP C- PAVEMENT MGMT PRGM #627 1,140.0001.0140.1440.5215 2/15-2/22 BLDG OFFICIAL SVCS 775.0001.0140.1440.5215 2/17-2/27 BUSINESS LICENSE INSPECTION 1,210.0001.0151.1541.5956 T-BALL UNIFORMS 1,737.7501.0170.1020.5515 MAR'23 JANITORIAL SVCS 7,339.0001.0150.1515.5204 MAR'23 PATRIOTIC MEETING 100.0001.0150.1530.5952 YRS VOL SVC PLAQUE/ J. GONZALEZ 55.0001.0170.1770.5525 LEFT REAR BREAK LIGHT BULB #8 16.5301.0170.1750.5505 DECK BLADES & SCALP REPLACEMENT 215.5101.0170.1750.5505 E.V EDGER BLADE & SCREWS 55.4844.0800.8010.5525 #100 CORE RETURN (22.00)44.0800.8010.5525 #100 CORE RETURN (22.00)01.0170.1770.5525 RETURN PART VALVE COVER #9 (41.88)01.0170.1770.5525 T-7 BROKEN TAILER LIGHTS REPLACEMENT 53.1244.0800.8010.5525 REPLACED 3 BAD BATTERIES #100 638.3144.0800.8010.5525 #100 CORE RETURN (22.00)01.0170.1770.5525 REPLACED VALVE COVER GROMETS #9 835.5201.0170.1770.5525 PERFORM TRANSMISSION SHOCKS #9 260.5301.0170.1770.5525 GAS CAP REPLACEMENT #15 10.3501.0151.1543.5952 BALLOON GARLAND/ STATE OF THE CITY 175.0001.0170.1770.5525 VALVE COVER GASKET #9 41.8801.0170.1770.5525 REPLACE HEATER CORE HOSES #9 217.0901.0100.1050.5406 FILE FOLDERS 197.4501.0130.1310.5406 WKSTATION RECOMMENDED SUPPS 199.4801.0140.1430.5406 COM DEV DEPT SUPPLIES 68.4601.0150.1530.5430 ARTIFICIAL FLOWES/ APRIL'S CRAFT 88.7601.0140.1430.5406 COM DEV DEPT SUPPLIES 446.3601.0130.1310.5406 WKSTATION RECOMMENDED SUPPS 61.7601.0150.1515.5204 MAR'23 PATRIOTIC MEETING 100.0001.0100.1030.5215 2/3 COVID-19 LEGAL SVCS #505 261.3001.0151.1543.5952 STATE OF THE CITY SUPPLIES 121.5201.0000.0000.2240 PPE: 03/04/23 44.25

01.0100.1020.5912 3/14 MEETING/ REVIEW COUNCIL AGENDA 42.0001.0150.1540.5954 3/18 UNARMED SECURITY/ CCTR 570.0001.0000.0000.2224 MAR'23 LIFE AD&D & SUPPLEMENTAL 252.2301.0000.0000.2270 A. REYES GARNISHMENT 3/18/23 8.1501.0000.0000.2240 PPE: 03/18/23 44.2501.0000.0000.2225 APR23 LIFE & AD&D 493.8601.0000.0000.2225 MAR'23 LIFE & AD&D 840.3601.0000.0000.2224 APR'23 LIFE AD&D & SUPPLEMENTAL LIFE 409.65 Warrant Register
South El Monte, CA Council Meeting 04/11/23
Account Number Payment Number Payment Date Description (Item)

01.0000.0000.2230 PPE: 03/18/23 4,765.00

CALIFORNIA COMMUNICATION 12049 04/05/2023
CALIFORNIA COMMUNICATION 12049 04/05/2023CALIFORNIA COMMUNICATION 12049 04/05/2023CALIFORNIA COMMUNICATION 12049 04/05/2023CALIFORNIA COMMUNICATION 12049 04/05/2023CHRISTINA NAVARRO 12050 04/05/2023CHRISTINE CRUZ 12051 04/05/2023CHRISTINE CRUZ 12051 04/05/2023CONCENTRA 12052 04/05/2023CORONA CLAY COMPANY 12053 04/05/2023CRAFCO, INC 12054 04/05/2023DRIFTWOOD DAIRY, INC 12055 04/05/2023DRIFTWOOD DAIRY, INC 12055 04/05/2023DRIFTWOOD DAIRY, INC 12055 04/05/2023DRIFTWOOD DAIRY, INC 12055 04/05/2023DRIFTWOOD DAIRY, INC 12055 04/05/2023DRIFTWOOD DAIRY, INC 12055 04/05/2023DRIFTWOOD DAIRY, INC 12055 04/05/2023DRIFTWOOD DAIRY, INC 12055 04/05/2023ELSA PAYAN 12056 04/05/2023EWING IRRIGATION 12057 04/05/2023EWING IRRIGATION 12057 04/05/2023GOT PROPANE INC 12058 04/05/2023GRAINGER 12059 04/05/2023HASA INC. 12060 04/05/2023HDL COREN & CONE 12061 04/05/2023HINDERLITER, DE LLAMAS & ASSOC 12062 04/05/2023HUNTINGTON CULINARY 12063 04/05/2023HUNTINGTON CULINARY 12063 04/05/2023HUNTINGTON CULINARY 12063 04/05/2023HUNTINGTON CULINARY 12063 04/05/2023HUNTINGTON CULINARY 12063 04/05/2023HUNTINGTON CULINARY 12063 04/05/2023HYDRAULICS & GASKETS 12064 04/05/2023JAIRO VALLE 12065 04/05/2023JCL TRAFFIC SERVICES 12066 04/05/2023JCL TRAFFIC SERVICES 12066 04/05/2023JCL TRAFFIC SERVICES 12066 04/05/2023JCL TRAFFIC SERVICES 12066 04/05/2023JCL TRAFFIC SERVICES 12066 04/05/2023JOHNSTONE SUPPLY 12067 04/05/2023JOSE TEJEDA 12068 04/05/2023KIMLEY-HORN AND ASSOCIATES, INC. 12069 04/05/2023L.A. COUNTY DEPT OF PUBLIC WORKS 12070 04/05/2023L.A. COUNTY SHERIFF'S DEPT. 12071 04/05/2023L.A. COUNTY SHERIFF'S DEPT. 12071 04/05/2023L.A. COUNTY SHERIFF'S DEPT. 12071 04/05/2023L.A. COUNTY SHERIFF'S DEPT. 12071 04/05/2023LAB1419 12072 04/05/2023MAINTENANCE SUPERINTENDENTS ASSOCIATION 12073 04/05/2023MRC SMART TECHNOLOGY SOLUTIONS 12074 04/05/2023 MRC SMART TECHNOLOGY SOLUTIONS 12074 04/05/2023MRC SMART TECHNOLOGY SOLUTIONS 12074 04/05/2023

01.0130.1330.5950 10/30/21-1/29/22 COPY OVERAGE 2,008.1101.0130.1330.5950 1/30/22-4/29/22 COPY OVERAGE 2,502.4001.0130.1330.5950 4/30/22-7/29/22 COPY OVERAGE 3,448.5201.0110.1110.5610 LIABILITY INSURANCE 47,008.7701.0150.1540.5956 COMMUNITY SVCS JACKETS 257.9901.0170.1020.5908 TRAFFIC CONTROL TRAINING 425.0001.0110.1110.5220 FEB'23 GRANT SPL ASSIGN DEPUTY 17,604.7501.0110.1110.5220 FEB'23 LAW ENFORCEMENT SVCS 309,319.3601.0110.1110.5220 FEB'23 SPL ASSIGN DEPUTY 100,428.3201.0170.1740.5962 PTFE TAPE & ANGLE SLIP JOINT 12.7940.0900.9000.5974 FEB'23 HSIP 5352 (021) PJT MGMT #296 4,629.4901.0170.1475.5215 22-23 CIMP COST SHARE 28.9001.0160.1650.5520 CLOSE SIGN & BARRICADE/ NTP 657.2001.0150.1530.6020 MATERIALS/ SCTR WALL PJT- MULTI PURPOSE ROOM 109.7245.0900.9000.5977 NO PARKING SIGNS- RD & ST MNTC/ CITYWIDE 196.2501.0160.1640.5520 POSTED SIGNS/ POOL 650.2501.0100.1050.5934 3/27 LIVESCAN REIMB 25.0001.0160.1650.5520 BLOCK DRIVEWAY SIGNS/ NTP 135.8345.0900.9000.5977 REPAIR SUPPLIES/ RD & ST MNTC/ CITYWIDE 1,775.9106.0300.3010.5215 3/20-3/24 CI & CII NUTRITION PRGM 3,191.2506.0300.3020.5215 3/20-3/24 CI & CII NUTRITION PRGM 423.5001.0170.1770.5525 BOBCAT BREAKER & HOSES REPLACEMENT 407.9306.0300.3020.5215 3/6-3/10/23 CI & CII NUTRITION PRGM 423.5006.0300.3010.5215 3/13-3/17 CI & CII NUTRITION PRGM 3,634.0006.0300.3020.5215 3/13-3/17 CI & CII NUTRITION PRGM 423.5001.0130.1310.5903 JULY'22-MAR'23 PROPERTY TAX SVCS 6,525.0001.0130.1310.5903 JAN-MAR'23 CONTRACT & AUDIT SVCS 3,127.6806.0300.3010.5215 3/6-3/10/23 CI & CII NUTRITION PRGM 3,369.5001.0170.1770.5525 PROPANE/ FORKLIFT 34.5601.0170.1740.5962 METAL DETECTOR KIT 722.3201.0160.1640.5520 3/14 CHEMICAL DELIVERY 319.4301.0000.0000.4554 MVD DAMAGE REFUND 3/25/23 50.00

45.0900.9000.5977 PARTS/ SANTA ANITA MEDIAN IRRIGATION- RD & ST MTNC 126.7701.0170.1750.5520 ROUNDUP/ PROMAX PESTICIDE 117.1006.0300.3020.5430 FOOD SUPPLIES FOR CII PRGM 21.3006.0300.3010.5430 FOOD SUPPLIES FOR CI PRGM 174.3206.0300.3020.5430 FOOD SUPPLIES FOR CII PRGM 19.3606.0300.3010.5430 FOOD SUPPLIES FOR CI PRGM 213.5406.0300.3020.5430 FOOD SUPPLIES FOR CII PRGM 23.7206.0300.3010.5430 FOOD SUPPLIES FOR CI PRGM 191.7545.0900.9000.5977 POT HOLE ASPHALT LAYER/ CITYWIDE ST & RD MNTC 314.2106.0300.3010.5430 FOOD SUPPLIES FOR CI PRGM 111.1406.0300.3020.5430 FOOD SUPPLIES FOR CII PRGM 12.3401.0000.0000.4554 MVD RENTAL REFUND/ CITY CANCELLATION 3/19/23 200.0001.0100.1050.5936 3/8 NEW HIRE PHYS 235.0001.0160.1660.5520 MIX DIRT/ BASEBALL FIELDS- NTP 1,742.6801.0130.1330.5215 3/1/23-4/1/23 WIRELESS BRIDGE-MVD/YRD/NTP/SFTY CTR 680.0001.0130.1310.5910 3/22/23 MILEAGE REIMB/ LASERFICHE WORKSHOP 108.4001.0000.0000.4554 MVD DAMAGE REFUND 3/19/23 50.0001.0130.1330.5215 9/8/21-3/7/23 SURVEILLANCE SVCS/ CCTR 2,527.6801.0130.1330.5215 9/8/22-3/8/23 SURVEILLANCE SVCS/ MCTR 1,518.5401.0130.1330.5215 9/17/22-3/17/23 SURV SVCS- NTP/MVD/SKATE PARK 2,616.9601.0130.1330.5215 9/8/21-3/8/22 SURVEILLANCE SVCS/ CHALL 1,965.60

MRC SMART TECHNOLOGY SOLUTIONS 12074 04/05/2023
MRC SMART TECHNOLOGY SOLUTIONS 12074 04/05/2023NAOMI LOPEZ 12075 04/05/2023NAPA AUTO PARTS 12076 04/05/2023NATIONWIDE COST RECOVERY SERVICES, LLC. 12077 04/05/2023NATIONWIDE COST RECOVERY SERVICES, LLC. 12077 04/05/2023NATIONWIDE COST RECOVERY SERVICES, LLC. 12077 04/05/2023OFFICE DEPOT 12078 04/05/2023OFFICE DEPOT 12078 04/05/2023OFFICE DEPOT 12078 04/05/2023PHOENIX GROUP INFORMATION SYSTEMS 12079 04/05/2023PHOENIX GROUP INFORMATION SYSTEMS 12079 04/05/2023PLAYCORE WISCONSIN INC 12080 04/05/2023QUENCH USA, INC. 12081 04/05/2023REGISTRAR-RECORDER/COUNTY CLERK 12082 04/05/2023ROBERTO SANCHEZ 12083 04/05/2023RUDY LOPEZ 12084 04/05/2023SCMAF 12085 04/05/2023SCMAF 12085 04/05/2023SCMAF-SAN GABRIEL VALLEY 12086 04/05/2023SCORE SPORTS 12087 04/05/2023SOUTHCOAST BOBCAT 12088 04/05/2023SOUTHEAST CONSTRUCTION PRODUCTS,INC 12089 04/05/2023SOUTHEAST CONSTRUCTION PRODUCTS,INC 12089 04/05/2023SOUTHEAST CONSTRUCTION PRODUCTS,INC 12089 04/05/2023SOUTHEAST CONSTRUCTION PRODUCTS,INC 12089 04/05/2023SOUTHEAST CONSTRUCTION PRODUCTS,INC 12089 04/05/2023SOUTHEAST CONSTRUCTION PRODUCTS,INC 12089 04/05/2023SOUTHEAST CONSTRUCTION PRODUCTS,INC 12089 04/05/2023SOUTHEAST CONSTRUCTION PRODUCTS,INC 12089 04/05/2023SOUTHEAST CONSTRUCTION PRODUCTS,INC 12089 04/05/2023SOUTHEAST CONSTRUCTION PRODUCTS,INC 12089 04/05/2023SOUTHEAST CONSTRUCTION PRODUCTS,INC 12089 04/05/2023SOUTHEAST CONSTRUCTION PRODUCTS,INC 12089 04/05/2023SOUTHEAST CONSTRUCTION PRODUCTS,INC 12089 04/05/2023SOUTHEAST CONSTRUCTION PRODUCTS,INC 12089 04/05/2023SOUTHEAST CONSTRUCTION PRODUCTS,INC 12089 04/05/2023SPRAGUES READY MIX 12090 04/05/2023SUNBELT RENTALS, INC. 12091 04/05/2023SUPERIOR COURT OF CA, COUNTY OF LA 12092 04/05/2023SUPERIOR WAREHOUSE GROCERS 12093 04/05/2023SUPERIOR WAREHOUSE GROCERS 12093 04/05/2023SUPERIOR WAREHOUSE GROCERS 12093 04/05/2023SUPERIOR WAREHOUSE GROCERS 12093 04/05/2023SUPERIOR WAREHOUSE GROCERS 12093 04/05/2023SUPERIOR WAREHOUSE GROCERS 12093 04/05/2023SUPERIOR WAREHOUSE GROCERS 12093 04/05/2023SUPERIOR WAREHOUSE GROCERS 12093 04/05/2023TAG/AMS, INC. 12094 04/05/2023THE SAUCE CREATIVE SERVICES CORP. 12095 04/05/2023THOMAS FRANCO 12096 04/05/2023 THOMAS FRANCO 12096 04/05/2023

01.0150.1515.5204 VALERIE BECHTOLD 12097 04/05/2023 MAR'23 PATRIOTIC MEETING 100.0001.0100.1040.5921 APR'23 NEWSLETTER 4,846.7701.0000.0000.4554 MVD RESERVATION DAMAGE REFUND 3/18 50.0001.0000.0000.4554 MVD RENTAL REFUND/ CITY CANCELLATION 3/18 200.0006.0300.3010.5430 BREAD & TORTILLAS/ CI & CII NUTRITION PRGM 38.6106.0300.3020.5430 BREAD & TORTILLAS/ CI & CII NUTRITION PRGM 4.2901.0100.1050.5936 2/1 RANDOM DRUG TEST 90.0006.0300.3020.5430 3/15 TORTILLAS CI & CII NUTRITION PGRM 3.1906.0300.3010.5430 BREAD & TORTILLAS/ CI & CII NUTRITION PRGM 34.2306.0300.3020.5430 BREAD & TORTILLAS/ CI & CII NUTRITION PRGM 3.8006.0300.3010.5430 BREAD FOR CI & CII NUTRITION PRGM 53.8406.0300.3020.5430 BREAD FOR CI & CII NUTRITION PRGM 5.9806.0300.3010.5430 3/15 TORTILLAS CI & CII NUTRITION PGRM 28.7345.0900.9000.5977 CONCRETE/ REPAIR SIDEWALK & CURB- LIDCOMBE 1,573.8201.0151.1546.5406 VEHICLE RENTAL/ SANTA'S SLEIGH RIDE 1,851.1501.0140.1100.5215 FEB'23 CITATION REVENUE 5,114.0045.0900.9000.5977 10X10 DIRT TAMPER/ LIDCOMBE SIDEWALK & CURB REPAIR 84.7801.0170.1020.5956 BLACK PVC BOOTS 20.9501.0170.1760.5540 SAND/ FIRESTATION 262.7501.0170.1760.5540 SAND/ FIRESTATION 183.7402.0170.1760.5962 SLEDGE HAMMER- HAMMER HANDLE & HAMMER WEDGE 90.3501.0170.1760.5540 SAND/ FIRESTATION 79.0145.0900.9000.5977 CLEAR SPRAY PAINT- ST MARKING/ SIDEWALK & CURB RPR 41.0102.0170.1760.5962 KNEE PADS-GLOVES & FLOAT HOOK 164.5501.0170.1760.5540 SAND/ FIRESTATION 118.5145.0900.9000.5977 SAND & OIL/ LIDCOMBE SIDEWALK & CURB REPAIR 59.8145.0900.9000.5977 PREMIX CEMENT/ LIDCOMBE SIDEWALK & CURB REPAIR 79.0145.0900.9000.5977 PREMIX CEMENT/ LIDCOMBE SIDEWALK & CURB REPAIR 79.0145.0900.9000.5977 PREMIX CEMENT/ LIDCOMBE SIDEWALK & CURB REPAIR 79.0101.0170.1770.5525 BOBCAT & HOSE COUPLER REPLACEMENT 136.6245.0900.9000.5977 LUMBER & FLAT STEEL STEAKS/ LIDCOMBE CURB REPAIR 334.5645.0900.9000.5977 CONCRETE & SAW BLADE/ LIDCOMBE SIDEWALK & CURB RPR 111.64

01.0151.1541.5430 23 YOUTH BBALL FINALS 260.0001.0151.1541.5430 23 SGV BASKETBALL TOURNAMENT 420.0001.0151.1541.5956 YOUTH BBALL ALL-STAR UNIFORMS 730.6201.0100.1050.5934 3/28 LIVESCAN REIMB 57.0001.0150.1515.5204 MAR'23 PATRIOTIC MEETING 100.0001.0151.1541.5430 2023 TEAM REGISTRATION/ YOUTH BBALL 9.0068.0900.9020.5968 NTP/MVD INSTALL PLYGRND EQUIP & SFTY SURFACE #252 423,911.8001.0160.1620.5520 APR'23 WATER FILTER/ SCTR 59.9601.0120.1220.5205 NOV 8, 22 ELECTION COST 30,134.4001.0170.1710.5406 SUPPLIES/ CHALL 666.5601.0140.7020.5215 FEB'23 CITE PROCESSING SVCS 443.3701.0140.1100.5215 FEB'23 PSO CITE PROCESSING SVCS 3,431.8501.0140.1440.5273 19-23 FORECLOSURE REGISTRATION- SATIRE AVE 230.0001.0120.1210.5406 OFFICE SUPPLIES 52.3201.0120.1210.5406 OFFICE SUPPLIES 17.4101.0170.1770.5525 TOOLS/ BOBCAT 102.3901.0140.1440.5273 OCT'22 FORECLOSURE REGISTRATION FEE 230.0001.0140.1440.5273 NOV'22 FORCLOSURE REGISTRATION FEE 230.0001.0130.1330.5950 7/30/22-10/29/22 COPY OVERAGE 2,986.0401.0130.1330.5950 10/30/22-1/29/23 COPY OVERAGE 2,133.4401.0150.1515.5204 MAR'23 PATRIOTIC MEETING 100.00

VALERIE BECHTOLD 12097 04/05/2023
VICTORIA MORA 12098 04/05/2023WINDOW TINTS EVERYTHING, INC 12099 04/05/2023WINNER INTERNATIONAL INC. 12100 04/05/2023WINNER INTERNATIONAL INC. 12100 04/05/2023WINNER INTERNATIONAL INC. 12100 04/05/2023BLUE SHIELD OF CA LIFE & HEALTH DFT0000535 03/27/2023CALPERS DFT0000536 03/27/2023CALPERS DFT0000536 03/27/2023CALPERS DFT0000536 03/27/2023CALPERS DFT0000536 03/27/2023CALPERS RETIREMENT DFT0000537 03/23/2023CALPERS RETIREMENT DFT0000537 03/23/2023CALPERS RETIREMENT DFT0000537 03/23/2023CALPERS RETIREMENT DFT0000538 03/23/2023DEPARTMENT OF THE TREASURY DFT0000539 03/24/2023DEPARTMENT OF THE TREASURY DFT0000539 03/24/2023DEPARTMENT OF THE TREASURY DFT0000539 03/24/2023EMPLOYMENT DEVELOPMENT DEPT. DFT0000540 03/23/2023EMPLOYMENT DEVELOPMENT DEPT. DFT0000540 03/23/2023EMPLOYMENT DEVELOPMENT DEPT. DFT0000540 03/23/2023EXPERT PAY - STATE DISBURSEMENT UNIT DFT0000541 03/24/2023EXPERT PAY - STATE DISBURSEMENT UNIT DFT0000541 03/24/2023EXPERT PAY - STATE DISBURSEMENT UNIT DFT0000541 03/24/2023EXPERT PAY - STATE DISBURSEMENT UNIT DFT0000541 03/24/2023SAN GABRIEL VALLEY WATER DFT0000542 03/23/2023SAN GABRIEL VALLEY WATER DFT0000543 03/23/2023SAN GABRIEL VALLEY WATER DFT0000544 03/22/2023SAN GABRIEL VALLEY WATER DFT0000545 03/22/2023SAN GABRIEL VALLEY WATER DFT0000546 03/22/2023SAN GABRIEL VALLEY WATER DFT0000547 03/23/2023SAN GABRIEL VALLEY WATER DFT0000548 03/22/2023SAN GABRIEL VALLEY WATER DFT0000549 03/22/2023SAN GABRIEL VALLEY WATER DFT0000550 03/22/2023SAN GABRIEL VALLEY WATER DFT0000551 03/23/2023SAN GABRIEL VALLEY WATER DFT0000552 03/22/2023SAN GABRIEL VALLEY WATER DFT0000553 03/22/2023SAN GABRIEL VALLEY WATER DFT0000554 03/22/2023SOUTHERN CALIFORNIA EDISON DFT0000555 03/23/2023SOUTHERN CALIFORNIA EDISON DFT0000556 03/23/2023EXPERT PAY - STATE DISBURSEMENT UNIT DFT0000557 03/29/2023SAN GABRIEL VALLEY WATER DFT0000558 03/28/2023SAN GABRIEL VALLEY WATER DFT0000559 03/28/2023SAN GABRIEL VALLEY WATER DFT0000560 03/28/2023SAN GABRIEL VALLEY WATER DFT0000561 03/28/2023SAN GABRIEL VALLEY WATER DFT0000562 03/28/2023SAN GABRIEL VALLEY WATER DFT0000563 03/30/2023SAN GABRIEL VALLEY WATER DFT0000564 03/28/2023SAN GABRIEL VALLEY WATER DFT0000565 03/28/2023SAN GABRIEL VALLEY WATER DFT0000566 03/28/2023SAN GABRIEL VALLEY WATER DFT0000567 03/28/2023 SAN GABRIEL VALLEY WATER DFT0000568 03/28/2023SAN GABRIEL VALLEY WATER DFT0000569 03/28/2023

01.0170.1730.5720 2/7-3/13 1556 N CENTRAL 399.7101.0170.1730.5720 2/7-3/13 1530 N CENTRAL 293.5001.0170.1730.5720 2/7-3/13 1819 N CENTRAL 280.2201.0170.1730.5720 2/7-3/13 1707 N MERCED 30.6001.0170.1730.5720 2/7-3/13 1500 N CENTRAL 2,484.1301.0170.1730.5720 2/7-3/13 1415 N SANTA ANITA 315.6301.0170.1730.5720 2/13-3/15 2620 ROSEMEAD 220.8601.0170.1730.5720 2/7-3/13 2022 N CENTRAL 76.5001.0170.1730.5720 2/7-3/13 2000 IRRIG SANTA ANITA 76.5001.0170.1730.5720 2/7-3/13 N LERMA/ MILLET 271.3701.0170.1730.5720 2/7-3/13 1824 N CENTRAL 439.5401.0170.1730.5710 2/14-3/15 1530 CENTRAL 1,814.4701.0130.1310.6110 INTEREST EXPENSE 2,245.8001.0170.1730.5720 2/7-3/13 MERCED N/W SA 59.1701.0170.1730.5720 2/3-3/7 1660 IRRIG DURFEE 136.7801.0170.1730.5720 2/3-3/7 1508 IRRG PECK 236.6001.0170.1730.5710 2/14--3/15 1824 CENTRAL AVE 258.0301.0170.1730.5720 2/3-3/7 1109 IRRIG PECK 218.9001.0170.1730.5720 2/4-3/28 1903 IRRIG DURFEE 136.7801.0170.1730.5720 2/3-3/7 1628 IRRIG DURFEE 241.0301.0170.1730.5720 2/4-3/8 1926 IRR DURFEE 249.8801.0170.1730.5720 2/3-3/7 1502 IRRIG PECK 258.7301.0170.1730.5720 2/3-3/7 1710 IRRIG DURFEE 218.9001.0170.1730.5720 2/3-3/7 FARDON- PECK 68.4001.0170.1730.5720 2/3-3/7 THIENES/ PARKWAY 27.3601.0170.1730.5720 2/3-3/7 1222 IRRIG PECK 267.5801.0000.0000.2270 CASE 200000002135289 780.5001.0170.1730.5720 2/4-3/8 2018 DURFEE 223.3201.0170.1730.5720 2/4-3/8 11016 GOMEZ PALACIO 27.3601.0000.0000.2270 CASE 1457313 603.5001.0000.0000.2270 CASE 200000002163990 359.0001.0000.0000.2270 CASE 0980438 150.00

01.0000.0000.2210 PPE 3/18/23 STATE WTHD'G 4,736.9301.0000.0000.2215 PPE 3/18/23 MEDICARE 4,933.4201.0000.0000.2030 PPE 3/18/23 UI TAX WTHD'G 724.7301.0000.0000.2030 PPE 3/18/23 TNG WTHD'G 36.2301.0000.0000.2020 MAR'23 RATE PLAN 27216 322.2401.0000.0000.2205 PPE 3/18/23 FEDERAL 14,643.4901.0000.0000.2215 PPE 3/18/23 FICA 21,094.6201.0000.0000.2020 PPE 3/18/23 RATE PLAN 23047 1,648.9801.0000.0000.2020 PPE 3/18/23 RATE PLAN 685 8,926.1401.0000.0000.2020 PPE 3/18/23 RATE PLAN 27216 10,432.5701.0100.1050.5941 APR'23 ADMIN FEE/ ACTIVE 219.0201.0100.1050.5941 APR'23 ADMIN FEE/ RETIRED 23.3801.0100.1050.5945 APR'23 EMPLOYER SHARE OF RETIRED PREMIUM 1,057.0001.0151.1543.5952 DECORATIONS/ EASTER PANCAKE BFAST EVENT 78.1901.0000.0000.2255 APR'23 VISION INSURANCE 804.0401.0000.0000.2250 APR'23 ACTIVE EMPLOYEE PREMIUM 66,368.5901.0160.1610.5520 REMOVE & REPLACE GRAFFITI FILM/ CCTR ENTRANCE 2,500.0001.0150.1530.5952 TABLES CLOTH/ J. GONZALEZ LUNCHEON 74.8601.0150.1530.5952 TABLE CLOTH & BALLOONS/ EASTER LUNCHEON 93.5501.0100.1050.5934 3/27 LIVE SCAN REIMB 25.0001.0110.1170.5966 2/22-3/15 MILEAGE REIMB 39.30

SAN GABRIEL VALLEY WATER DFT0000570 03/30/2023
SAN GABRIEL VALLEY WATER DFT0000571 03/29/2023SAN GABRIEL VALLEY WATER DFT0000572 03/29/2023SAN GABRIEL VALLEY WATER DFT0000573 03/28/2023SAN GABRIEL VALLEY WATER DFT0000574 03/28/2023SAN GABRIEL VALLEY WATER DFT0000575 03/28/2023SAN GABRIEL VALLEY WATER DFT0000576 03/28/2023SAN GABRIEL VALLEY WATER DFT0000577 03/28/2023SAN GABRIEL VALLEY WATER DFT0000578 03/27/2023SOUTHERN CALIFORNIA EDISON DFT0000579 03/28/2023SOUTHERN CALIFORNIA EDISON DFT0000580 03/28/2023JCB FINANCE, PROG. BANK OF THE WEST DFT0000581 03/15/2023SAM'S CLUB DIRECT DFT0000582 04/04/2023SAM'S CLUB DIRECT DFT0000582 04/04/2023SAM'S CLUB DIRECT DFT0000582 04/04/2023 Grand Total

01.0170.1710.5406 COUNCIL REFRESHMENTS/ CHALL 287.22
1,200,053.98

01.0150.1540.5431 AFTER SCHOOL PROGRAM SUPP 245.4201.0170.1710.5406 COUNCIL REFRESHMENTS/ CHALL 221.8701.0170.1730.5710 2/14-3/15 1415 SANTA ANITA 3,020.9001.0170.1770.5950 MAR'23 TRACTOR LEASE 1,694.6701.0170.1730.5720 2/7-3/13 1900 N CENTRAL 173.8601.0170.1730.5720 2/6-3/9 1675 IRRIG DURFEE 150.0501.0170.1730.5710 2/14-3/15 1824 CENTRAL AVE 986.0201.0170.1730.5720 2/7-3/13 N/E MERCED SA 250.3301.0170.1730.5720 2/7-3/13 10452 E RUSH 94.2101.0170.1730.5720 2/7-3/13 1652 IRRIG TYLER 183.9501.0170.1730.5720 2/9-3/14 2004 IRRIG RSMD 27.3601.0170.1730.5720 2/9-3/14 2218 ROSEMEAD 136.8001.0170.1730.5720 2/7-3/13 1819 N MERCED 142.8901.0170.1730.5720 2/13-3/15 2464 ROSEMEAD 176.61

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

DATE: April 11, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Anthony R. Taylor, City Attorney
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
23-30, APPROVING AUTHORIZATION TO ENTER INTO

ADDITIONAL NATIONAL OPIOID SETTLEMENTS WITH

TEVA, ALLERGAN, WALMART, WALGREENS, AND CVS
SUMMARY: At this time, a new settlement is proposed with Teva, Allergan, Walmart, Walgreens, and CVS, who are additional defendants that are retailers and manufacturers of opioids (for the purposes of this submittal, Teva, Allergan, Walmart, Walgreens, and CVS are collectively referred to as the “2023 Settling Defendants”). The terms of the 2023 Settlement Agreements are similar to the 2021 Settlement Agreements, which includes the requirement that a critical mass of participation is required, provides for a broad release of the 2023 Settling Defendants from liability relating to opioids, and, further, direct or indirect payment of settlement funds to the various local agencies agreeing to participate.

RECOMMENDED ACTION: Staff recommends City Council:

1. Approve Settlement Agreements and Participation Forms for the City’s participation in the National Opioid Settlement Agreements with Teva, Allergan, Walmart, Walgreens, and CVS;

2. Approve the California State-Subdivision Agreements Regarding Distribution and Use of Settlement Funds relating to the National Opioid Settlement Agreements with Teva, Allergan, Walmart, Walgreens, and CVS; and

3. Adopt Resolution No. 23-30, approving and authorizing the City Manager to carry out all necessary acts such that the City can participate in the National Opioid Settlements with Teva, Allergan, Walmart, Walgreens, and CVS, including signing necessary documents and transmittal thereof as necessary.

FISCAL/FINANCIAL IMPACT: None. Any funds allocated will automatically be transferred to the County of Los Angeles.

DISCUSSION: In 2021, the City entered into settlement agreements with McKesson Corporation, Cardinal Health, Inc., and AmerisourceBergen Corporation. (collectively, the “Distributors”) and Johnson & Johnson, Janssen Pharmaceuticals, Inc., Ortho-McNeilJanssen Pharmaceuticals, Inc., and Janssen Pharmaceutical, Inc. (collectively, the “Manufacturer”) (for purposes of this submittal, the Distributors and Manufacturer are collectively referred to as the “2021 Settling Defendants”). The 2021 settlement agreement related to litigation (the City was not a party to this litigation) by various States, cities, and counties relating to the 2021 Settling Defendants’ manufacture and distribution of opioids and, in particular, the impact of such activities upon the national opioid epidemic (“2021 Settlement Agreements”). The 2021 Settlement Agreements required that a “critical mass” of public agencies participate in order for it to become effective, which was achieved in 2022.

At this time, a new settlement is proposed with Teva, Allergan, Walmart, Walgreens, and CVS, who are additional defendants that are retailers and manufacturers of opioids (for the purposes of this submittal, Teva, Allergan, Walmart, Walgreens, and CVS are collectively referred to as the “2023 Settling Defendants”). The terms of the 2023 Settlement Agreements are similar to the 2021 Settlement Agreements, which includes the requirement that a critical mass of participation is required, provides for a broad release of the 2023 Settling Defendants from liability relating to opioids, and, further, direct or indirect payment of settlement funds to the various local agencies agreeing to participate. Additional information about these settlements can be found here:
www.nationalopioidsettelment.com.

With respect to the release, as indicated above, it is a very broad release covering any activities by the 2023 Settling Defendants relating to opioids, such as those relating to manufacture, distribution, or sale opioids within the city.

With respect to the settlement funds, the 2023 Settlement Agreements could provide up to approximately $1.8 billion to California. This amount assumes maximum participation.

Similar to the 2021 Settlement Agreements, the more local agencies that participate, the more funds will be available to California. Further, the City’s share of this amount is distributed over a 5 to 15 year period depending on the settlement agreement; however, the City’s share has yet to be determined as it is dependent upon participation levels. It must be emphasized that this $1.8 billion amount is an estimate of what California as a whole (State, cities, and counties) may collectively receive and assumes a best-case scenario where all local agencies participate. As stated, the actual amount will not be known until the process has completed. Similar to the 2021 Settlement Agreements, the use of the funds is restricted to opioid remediation (e.g., addiction treatment programs). By default, these funds are allocated to the County, but the City is able to elect to receive a direct distribution at any time, provided that the election is made at least 60 days prior to a distribution date; however, use of the funds also requires strict accounting requirements. These requirements only apply to the City if it elects to receive direct distribution and does not apply to the City if the funds go to the County. In terms of enforcement, the State enforces the expenditure requirements.

Because of this, it is recommended that the funds be allocated to the County. Approval of Recommendation Nos. 1 and 2 would authorize the City to participate in the National Opioid Settlements with the 2023 Settling Defendants on the terms and conditions of those settlement agreements and, further, approve agreements with the State of California on the distribution of settlement funds, consistent with the 2023 Settlement Agreements. (Attachments 1, 2, and 3). Council approval and authorization to execution,

submission, and receipt of all required documents must be completed before April 18, 2023.

ATTACHMENT(S):

A. Resolution No. 23-30

01257.0003/871098.2
RESOLUTION NO. 23-30

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL

AUTHORIZING THE CITY OF SOUTH EL MONTE TO ENTER

INTO THE MASTER SETTLEMENT AGREEMENTS WITH

CVS, ALLERGAN, TEVA, WALMART, AND WALGREENS
(INCLUDING THE RELATED PARTICIPATION
AGREEMENTS); AGREE TO THE TERMS OF THE RELATED

STATE-SUBDIVISION AGREEMENTS AND AUTHORIZE

ENTRY INTO THE RELATED STATE-SUBDIVISION

ALLOCATION AGREEMENTS WITH THE ATTORNEY
GENERAL; AND AUTHORIZING THE CITY MANAGER TO

CARRY OUT FURTHER RELATED ACTS
WHEREAS, the United States is facing an ongoing public health crisis of opioid abuse, addiction, overdose, and death, forcing the State of California and California counties and cities to spend billions of dollars each year to address the direct consequences of this crisis; and WHEREAS, pending in the U.S. District Court for the Northern District of Ohio is a multidistrict litigation (“MDL”) being pursued by numerous public entity plaintiffs against the manufacturers and distributors of various opioids based on the allegation that the defendants’ unlawful conduct caused the opioid epidemic; and
WHEREAS, on or about November 14, 2022, a proposed nationwide tentative settlement was reached between the plaintiffs in the MDL and Walmart Inc. (“Walmart”); and WHEREAS, on or about November 22, 2022, a proposed nationwide tentative settlement was reached between the plaintiffs in the MDL and Teva Pharmaceutical Industries Ltd. and all of its respective past and present direct or indirect parents, subsidiaries, divisions, affiliates, joint ventures, predecessors, successors, assigns, including but not limited to Teva Pharmaceuticals USA, Inc., Actavis LLC (f/k/a Actavis Inc.), Actavis Elizabeth LLC, Actavis Kadian LLC, Actavis Pharma, Inc. (f/k/a Watson Pharma, Inc.), Actavis Kadian LLC, Actavis Laboratories UT, Inc. (f/k/a Watson Laboratories, Inc. – Utah), Actavis Mid Atlantic LLC, Actavis Totowa LLC, Actavis Laboratories FL, Inc. (f/k/a Watson Laboratories, Inc. – Florida), Actavis South Atlantic LLC, Warner Chilcott Company LLC, and Watson Laboratories, Inc., and Anda Inc. (collectively, “Teva”); and
WHEREAS, on or about November 22, 2022, a proposed nationwide tentative settlement was reached between the plaintiffs in the MDL and Allergan Finance, LLC (f/k/a Actavis, Inc., which in turn was f/k/a Watson Pharmaceutics, Inc.) and Allergan Limited (f/k/a Allergan plc, which, in turn, was f/k/a Actavis plc)(collectively, “Allergan”); and WHEREAS, on or about December 9, 2022, a proposed nationwide tentative settlement was reached between the plaintiffs in the MDL and CVS Health Corporation and CVS Pharmacy, Inc. and all of their past and present direct and indirect parent and subsidiaries (collectively, “CVS”); and
WHEREAS, on or about December 9, 2022, a proposed nationwide tentative settlement was reached between the plaintiffs in the MDL and Walgreen Co. (“Walgreens”); and

01257.0003/871098.2
WHEREAS, CVS, Teva, Walgreens, Walmart, and Allergan shall be referred in this Resolution as “Settling Defendants”; and
WHEREAS, as part of the settlements with the Settling Defendants, local subdivisions, including certain cities, that are not plaintiffs in the MDL may participate in the settlements in exchange for a release of the Settling Defendants (“Participating Subdivision”); and WHEREAS, copies of the proposed terms of those proposed nationwide settlements have been set forth in the Master Settlement Agreements with the Settling Defendants; and WHEREAS, the Master Settlement Agreements provide, among other things, for the payment of a certain sum to settling government entities in California including to the State of California and Participating Subdivisions upon occurrence of certain events as defined in the Master Settlement Agreements (“California Opioid Funds”); and WHEREAS, in order to become a Participating Subdivision, the City must enter into “Participation Agreements” which allow participation in the Master Settlement Agreements; and WHEREAS, California local governments in the MDL have engaged in extensive discussions with the State Attorney General’s Office (“AGO”) as to how the California Opioid Funds will be allocated, which has resulted in the Proposed California State-Subdivision Agreements Regarding Distribution and Use of Settlement Funds (“Allocation Agreements”) from the settlements with the Settling Defendants; and
WHEREAS, the Allocation Agreements allocate the California Opioid Funds as follows:
15% to the State Fund; 70% to the Abatement Accounts Fund; and 15% to the Subdivision Fund.

For the avoidance of doubt, all funds allocated to California from the Master Settlement Agreements shall be combined pursuant to the Allocation Agreements, and 15% of total from each settlement shall be allocated to the State of California (the “State of California Allocation”), 70% to the California Abatement Accounts Fund (“CA Abatement Accounts Fund”), and 15% to the California Subdivision Fund (“CA Subdivision Fund”); and WHEREAS, under the Master Settlement Agreements, certain local subdivisions that did not file a lawsuit against the Settlement Defendants may qualify to participate in the settlements and obtain funds from the Abatement Account Fund; and
WHEREAS, the City is eligible to participate in the Master Settlement Agreements and become a CA Participating Subdivision; and
WHEREAS, the funds in the CA Abatement Accounts Fund (the 70% allocation) will be allocated based on the allocation model developed in connection with the proposed negotiating class in the National Prescription Opiate Litigation (MDL No. 2804), as adjusted to reflect only those cities and counties that are eligible, based on population or litigation status, to become a CA Participating Subdivision (those above 10,000 in population). The percentage from the CA Abatement Accounts Fund allocated to each CA Participating Subdivision is set forth in Appendix 1 to the Allocation Agreements and provided to the City Council with this Resolution. The City’s share of the CA Abatement Accounts Fund will be a product of the total in the CA Abatement Accounts Fund multiplied by the City’s percentage set forth in Appendix 1 of the Allocation Agreements (the “Local Allocation”); and

01257.0003/871098.2
WHEREAS, a CA Participating Subdivision that is a city will be allocated its Local Allocation share as of the date on which it becomes a Participating Subdivision. The Local Allocation share for a city that is a CA Participating Subdivision will be paid to the county in which the city is located, unless the city elects to take a direct election of the settlement funds, so long as: (a) the county is a CA Participating Subdivision, and (b) the city has not advised the Settlement Fund Administrator that it requests direct payment at least 60 days prior to a Payment Date; and
WHEREAS, it the intent of this Resolution is to authorize the City to enter into the Master Settlement Agreements with the Settling Defendants by executing the Participation Agreements and to enter into the Allocation Agreements by executing the signature pages to those agreements.

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

SECTION 1: The above recitals are true and correct and incorporated by reference.

SECTION 2: The City Manager is hereby approved and authorized to settle and release the City’s claims against the Settling Defendants in exchange for the consideration set forth in the Master Settlement Agreements, Participation Agreements, and Allocation Agreements.

SECTION 3: The City Manager is hereby authorized to carry out all necessary acts such that the City can participate in the Master Settlement Agreements, including, without limitation, execution (as necessary) of the Participation Agreements, Master Settlement Agreements, Allocation Agreements, and all related documents; and the transmittal of thereof as necessary and appropriate.

SECTION 4: All actions heretofore taken by the City Council and other appropriate public officers and agents of the City with respect to the matters contemplated under this Resolution are hereby ratified, confirmed and approved.

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

PASSED, APPROVED AND ADOPTED this 11th day of April, 2023. _____________________________
Gloria Olmos, Mayor
ATTEST:
_____________________________
Donna G. Schwartz, City Clerk

01257.0003/871098.2

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. 23-30 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 11th day of April, 2023, and that said Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Donna G. Schwartz, City Clerk

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

DATE: April 11, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Rene Salas, City Manager
SUBJECT: CONSIDERATION OF RESOLUTION NO. 23-31,
AUTHORIZING EXECUTION OF AMENDMENT NO. 2 TO THE

MEMORANDUM OF AGREEMENT WITH THE SAN GABRIEL

VALLEYCOUNCIL OF GOVERNMENTS (SGVCOG) FOR

PARTICIPATION IN THE SAN GABRIEL VALLEY REGIONAL

VEHICLE MILEAGE TRAVELED ANALYSIS MODEL
SUMMARY: On March 24th, 2020, the City Council approved an Memorandum of Agreement (MOA) with the SGVCOG to participate in the San Gabriel Valley Regional VMT Analysis Model. This Amendment No. 2 will add a web-based Regional VMT Analysis Tool ("Analysis Tool") to the scope of work, increase the compensation to be paid to SGVCOG by $ 2,750 and extend the term of the MOA to April 1, 2028. The 2nd Amendment will also require a payment not to exceed $15,000 from each City, which will go toward completing the model VMT analysis with more up to date data.

RECOMMENDED ACTION: Staff recommends City Council:

1. Adopt Resolution No. 23-31, approving Amendment No. 2 to the existing Memorandum of Agreement (MOA) with the San Gabriel Valley Council of Governments extending the term of the MOA until April 2028, and increasing compensation under the MOA and incorporating the Analysis Tool to the scope of work, for an amount not to exceed $15,000.00 for the implementation of the San Gabriel Valley Regional Vehicle Miles Traveled (VMT) Analysis Model & Tool Update; and

2. Authorize City Manager to execute the amendment.

FISCAL/FINANCIAL IMPACT: After receiving confirmation from 24 cities to participate in the study, the SGVCOG confirmed that the total cost per city to participate in the study would not exceed $15,000 for the entirety of the five-year contract (including the update phase and maintenance and SGVCOG project management costs). Staff will utilize Measure M Fund balance to cover the cost.

DISCUSSION: The passage of SB 743 (Steinberg, 2013) changes how transportation impacts are measured under the California Environmental Quality Act (CEQA) in the review of land use and transportation plans and projects. SB 743 removed automobile

delay as the primary measure of transportation impacts of environmental significance and required the Governor’s Office of Planning and Research (OPR) to develop revisions to CEQA Guidelines establishing criteria for determining the significance of transportation impacts. OPR subsequently selected VMT as the preferred metric to comply with SB 743.

As a result of these changes, lead agencies under CEQA were required to analyze project-related VMT to determine whether transportation impacts from a given development would constitute a significant environmental impact under CEQA beginning July 1, 2020. In order to properly evaluate impacts, it was necessary for local agencies to establish methodologies and quantified thresholds from which to determine levels of significance.

After receiving requests from a majority of the San Gabriel Valley cities to lead a regional effort to assist cities with completing these VMT requirements, the San Gabriel Valley Council of Governments (SGVCOG) conducted a comprehensive Request-for-Proposals (RFP) process. As a result, Fehr & Peers was selected as the most qualified firm to provide professional consultant services to complete the San Gabriel Valley Regional VMT Analysis Model. This project analyzed existing traffic conditions in the region to arrive at a baseline standard from which to determine significance thresholds for future land use and transportation projects. It resulted in recommendations for establishing methodology, thresholds, and technical tools and procedures for CEQA analysis and transportation impacts of land use and transportation projects and plans in 27 San Gabriel Valley cities, including City of South El Monte. Following interest from cities and a contract amendment, Fehr & Peers also created a web-based tool to allow cities to assess whether a proposed development would trigger significant impacts under CEQA, given their set thresholds and the requirements of SB 743. Fehr & Peers has been contracted to continue maintaining that tool until July 2025.

The existing VMT model, thresholds, and web-based tool are based on the SCAG RTP Model (2016), which is a TransCAD model. The SCAG RTP Model (2020), which is an activity-based model (ABM), was not available prior to the regulatory deadline of July 1, 2020 for implementing SB 743. CEQA requires the most currently available data be used for conducting environmental impact analyses. Therefore, the model, thresholds, and web-based tool must be updated to reflect the current SCAG RTP Model (2020), along with the updated CAPCOA Handbook for Analyzing Greenhouse Gas Emission Reductions, Assessing Climate Vulnerabilities, and Advancing Health and Equity (December 2021). SGVCOG has worked with our consultant, Fehr & Peers, to draft a new scope of work to perform this update and continued maintenance of the tool for five years.

Given that the new work will begin before the term of the previous contract has concluded (July 2025), there will be two years of maintenance work. Therefore, cities who choose to participate in this update will be credited a proportionate amount for the unused budget from those two years.

ATTACHMENT(S):

A. Resolution No. 23-31
B. Amendment No. 2
C. Amendment No. 1
D. Original Memorandum of Agreement

01257.0001/872508.1

ATTACHMENT A
RESOLUTION NO. 23-31

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL
APPROVING AMENDMENT NO. 2 TO THE MEMORANDUM

OF AGREEMENT (MOA) WITH THE SAN GABRIEL VALLEY

COUNCIL OF GOVERNMENTS (SGVCOG) FOR

PARTICIPATION IN THE SAN GABRIEL VALLEY

REGIONAL VEHICLE MILEAGE TRAVELED (VMT)
ANALYSIS MODEL AND ALLOCATION OF $15,000 IN

MEASURE M FUNDS FOR ADDITIONAL SERVICES
WHEREAS, the passage of SB 743 (Steinberg, 2013) changes how transportation impacts are measured under the California Environmental Quality Act (CEQA) in the review of land use and transportation plans and projects, and the Governor’s Office of Planning and Research (OPR) selected Vehicle Miles Traveled (VMT) as the preferred metric to comply with SB 743; and WHEREAS, on March 24th, 2020, the City Council approved an MOA with the SGVCOG to participate in the San Gabriel Valley Regional Vehicle Miles Traveled (VMT) Analysis Model to assist the City of South El Monte (“City”) with completing VMT requirements under SB 743; and
WHEREAS, the VMT Analysis Model will be utilized to analyze project related VMT to determine whether transportation impacts from proposed developments will constitute a significant environmental impact under the California Environmental Quality Act (CEQA); and WHEREAS, this amendment (Amendment No. 2) to the MOA allows for updates to the model and the scope of work under the MOA, and requires an increase in the contract of $15,000; and
WHEREAS, Amendment No. 2 also extends the term of the MOA up to and including April 1, 2028; and
WHEREAS, the South El Monte City Council now wishes to approve Amendment No. 2 to the MOA with SGVCOG.

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

SECTION 1. The City Council finds that the above recitals are true and correct and are hereby incorporated by reference.

SECTION 2. The City Council hereby approves Amendment No. 2 to the MOA for participating in the Regional VMT Analysis and direct the City Manager to take all actions necessary to effectuate the Amendment No. 2.

01257.0001/872508.1
SECTION 3. The City Council hereby approves the use of Measures M fund balance to cover the cost of $15,000 for the services required by Amendment No. 2. The City Council further directs the City Manager to take all actions necessary to effectuate the use of Measure M funds for these services.

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

PASSED, APPROVED AND ADOPTED this 11th day of April, 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. 23-31 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 11th day of April 2023 and that said Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Donna G. Schwartz, City Clerk

ATTACHMENT B
AMENDMENT NO. 2
TO

MEMORANDUM OF AGREEMENT MEMORANDUM OF AGREEMENT BETWEEN

THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS AND THE CITY OF

SOUTH EL MONTE FOR PARTICIPATION OF THE SAN GABRIEL VALLEY

REGIONAL VMT ANALYSIS MODEL
This Second Amendment to Memorandum of Agreement (“Amendment No. 2”) is made and entered into as of date executed by both parties, by and between the San Gabriel Valley Council of Governments, a joint powers authority (“SGVCOG”) and the City of South El Monte (“City”) with reference to the following:

A. The SGVCOG and the City entered into that certain Memorandum of Agreement dated as of March 24, 2020, which is incorporated herein by this reference (the “MOA”).

B. The MOA assigned various responsibilities to the parties wherein the SGVCOG was to retain a consultant to create a program for cities, including the City, to implement a Regional VMT Analysis Model (PROGRAM) to streamline the City’s VMT-related impact analyses and ensure successful compliance with Senate Bill 743.

C. The SGVCOG’s consultant performed analysis and created a Regional VMT Model and Assessment Tool which the City was able to utilize for the purposes set forth in the MOA, which was based on the Southern California Associated Governments (SCAG) RTP Model (2016).

D. SCAG has adopted a new model, the RTP Model (2020), which was not available prior to the regulatory deadline for implementing Senate Bill 743 and at the time the SGVCOG’s consultant created the Regional VMT Model and Assessment Tool were created.

E. The effect of SCAG’s adoption of the new model is that the Regional VMT Model and Assessment Tool created by the SGVCOG’s consultant, if used by the City, may not meet requirements of the California Environmental Quality Act (CEQA), which requires the most current available data when a project’s environmental impacts are being analyzed.

F. The SGVCOG and the City desire to have the SGVCOG’s consultant update the Regional VMT Model and Assessment Tool so it can continue to be used to fulfill the purpose set forth in the MOA.

NOW, THEREFORE, the parties hereby agree as follows:

1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the MOA.

2. Revised Scope of Services. Exhibit "A" of the Agreement entitled “Scope of Work”, is modified to include additional services as outlined in Exhibit “A”, attached hereto and incorporated herein by this reference.

3. Term of MOA. The term of the MOA as set forth in Article I, thereof, shall be extended up to and including April 1, 2028.

4. Responsibilities of the Parties.

Article II.A setting forth SGVCOG’s responsibilities shall be amended to add the following:
“8. Amend the contract with its consultant to update the PROGRAM based on the SCAG RTP Model (2020) to fulfill the purpose of the MOA.

9. Submit three invoices to the City, in an amount that does not exceed $29,979.00, as follows:
• The payment of the first invoice will be due within thirty (30) days upon the City’s receipt of the first invoice for $12,229.00. • The payment of the second invoice will be due by September 30, 2020 for an amount that does not exceed $2,750.00.
• The payment of the third invoice will be due by July 31, 2023 for an amount that does not exceed $15,000.00.”

5. Other Terms and Conditions. Article VII of the MOA shall be amended to add the following:

N. Should the data utilized to update the PROGRAM as set forth in this Amendment No. 2 be revised at some point in the future in such a manner that the SGVCOG reasonably determines has rendered the PROGRAM noncompliant with CEQA, the SGVCOG may discontinue the PROGRAM or upon further amendment to the MOA, the SGVCOG and City may agree to update the PROGRAM.

6. Integration. This Amendment No. 2 and all attachments hereto (if any) shall integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This Amendment No. 2 amends, as set forth herein, the Agreement and except as specifically amended hereby, the Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Amendment No. 2 and the terms and provisions of the Agreement, the terms and provisions of this Amendment No. 2 shall control.

IN WITNESS hereof, the parties enter into this Amendment No. 2 on the date executed by both parties.

“CITY” “SGVCOG”
By: By:

Rene Salas, City Manager Marisa Creter, Executive Director

Date: __________________________ Date: __________________________ APPROVED AS TO FORM: APPROVED AS TO FORM:
_________________________
Anthony R. Taylor , City Attorney David DeBerry, General Counsel

Exhibit A
Scope of Work
A. Consultant Work
For purposes of this Scope of Work, the term “Client” shall mean the SGVCOG and those member agencies which have entered into an agreement with SGVCOG to share in the cost of the Scope of Work set forth herein. During the term of the Agreement, and pursuant to its terms and conditions, F&P agrees to provide to Client the following services and deliverables:

Work Product
F&P will perform tasks necessary to update the VMT Assessment Tool. F&P will also perform tasks necessary to update existing city thresholds for VMT impacts under CEQA, as required by SB 743. SGVCOG’s VMT Assessment Tool was developed in 2020 and is based on the SCAG RTP Model (2016), which is a TransCAD model. The SCAG RTP Model (2020), which is an activity-based model (ABM), was not available prior to the regulatory deadline of July 1, 2020 for implementing SB 743. CEQA requires the most currently available data be used for conducting environmental impact analyses, as such, this scope of work describes updates to the SGVCOG VMT Assessment Tool to reflect the current SCAG RTP Model (2020) and the updated CAPCOA Handbook for Analyzing Greenhouse Gas Emission Reductions, Assessing Climate Vulnerabilities, and Advancing Health and Equity (December 2021) (GHG Handbook).

TASK 8: PROJECT MANAGEMENT, COORDINATION, AND MEETINGS
Task 8.1 Kickoff Meeting
Fehr & Peers will attend a kick-off meeting with SGVCOG staff. The purpose of the meeting will be to discuss the goals, objectives, and member cities’ expectations for the study.

This meeting will cover an overview of the scope, schedule and deliverables for the Project as follows:
• Staffing
• Schedule
• Subarea engagement
• Actions local jurisdictions may need to consider (e.g., potential changes to thresholds and baselines)
F&P will also discuss and outline the key questions that will need to be addressed as part of this effort:
• How will the change to ABM affect VMT estimates and forecasts? • What VMT reduction strategies are considered feasible for mitigation purposes under the updated CAPCOA Guidance?
• How will the Tool be updated to reflect these changes to VMT calculations/forecasts and mitigation options?
• If the SGVCOG member agencies, SCAG, and/or Metro implement a VMT bank option, can the Tool be updated to calculate the VMT fee to mitigate a project? Additionally, F&P will discuss communications protocol, invoicing requirements, and other key items to ensure the project is initiated correctly.
• Deliverable 1.1.1: Kickoff Meeting documentation and action items

Task 8.2 Regular Status Update Meetings
Fehr & Peers staff will prepare for and attend up to twelve (12) internal meetings, coinciding with Tasks 2, 3, and 4, with the SGVCOG Project Manager (and other SGVCOG staff as identified) (once to twice a month depending on activity), which will be conducted by Teams calls. These meetings will cover status updates on deliverables, any upcoming meetings with cities/subareas, and budget/invoicing. F&P have found that such meetings are critical to making decisions over the course of the project.
• Deliverable 1.2.1: Twelve (12) Monthly Meeting agendas, minutes, and action items Task 8.3 Agency Coordination
In addition to the kick-off meeting and internal status update meetings, Fehr & Peers will participate in five (5) meetings with member agency staff to discuss the outcome of Task 2.

Notes on action items and project decisions shall be documented and provided to the SGVGOC Project Manager within two weeks of the meeting. Agendas will be prepared by mutual agreement between Fehr & Peers and the SGVCOG Project Manager and distributed by SGVCOG. Meeting arrangements will also be made by SGVCOG. • Deliverable 1.3.1: Five (5) Stakeholder Meeting agendas, presentations, meeting minutes, and list of action items
TASK 9: PREPARE DATA FOR VMT TOOL UPDATE
Task 9.1 SCAG Coordination and Development of VMT Methodology Using SCAG ABM The initial step will be to review the current baseline data derived from the SCAG ABM model for Los Angeles County and compare it with data derived from the SCAG 2016 RTP (TransCAD model). The comparison will cover existing and future VMT data for the following metrics:
• Citywide VMT
• VMT per capita
• Household VMT per capita
• Work VMT per employee
• VMT per service population
This analysis will require close coordination with SCAG staff to appropriately convert the ABM outputs (using scripts) for incorporation into the SGVCOG VMT Assessment Tool. This review and comparison will provide the basis for assessing and potentially updating the preferred VMT screening and threshold options in the subsequent portions of this task.

The VMT accounting between the SCAG ABM Model and the 2016 RTP TransCAD model are different. For example, the 2016 RTP TransCAD model uses home-based trips in the VMT per capita calculation (trip-based VMT) and the ABM model uses the home-based tours in the calculation, as illustrated in the following graphics. F&P will provide a detailed description of each metric and describe the differences in the calculations derived from the two models. • Deliverable 2.1.1: SCAG RTP 2020 baseline model run
• Deliverable 2.1.2: SCAG RTP 2040 model run
• Deliverable 2.1.3: Comparison of SCAG RTP 2016 (existing model runs prepared for SGVCOG Tool) to SCAG RTP 2020 model runs
• Deliverable 2.1.4: Draft Technical Memorandum on Baseline VMT Methodology and Baseline Data Comparison of the SCAG 2016 RTP and SCAG 2020 RTP model outputs. The memo will include documentation of coordination with SCAG.

• Deliverable 2.1.5: Final Technical Memorandum on Baseline VMT Methodology and Baseline Data Comparison of the SCAG 2016 RTP and SCAG 2020 RTP model outputs. The memo will include documentation of coordination with SCAG.

Task 9.2 Develop VMT by Zone and Regional Averages
Fehr & Peers, in coordination with SCAG, will develop VMT outputs by traffic analysis zone (TAZ), city, subarea, and the SGVCOG region using the SCAG 2020 RTP/SCS Activity Based Model (ABM). This effort will require development, review, and approval of scripts, review of TAZ VMT outputs, and aggregation of TAZ VMT outputs to develop city, subarea, and subregional averages by VMT type.
• Deliverable 2.2.1: SCAG Coordination Meeting Notes
• Deliverable 2.2.2: Excel file with ABM outputs for each member agency, each subarea, SGVCOG region, and SCAG region
• Deliverable 2.2.3: Draft Memorandum documenting SCAG 2020 RTP/SCS ABM Outputs for different jurisdictional boundaries (city, subarea, and SGVCOG region) • Deliverable 2.2.4: Final Memorandum documenting SCAG 2020 RTP/SCS ABM Outputs for different jurisdictional boundaries (city, subarea, and SGVCOG region)
Task 9.3 Summary of SCAG 2020 ABM Updated VMT Metrics
Fehr & Peers will prepare information that will be shared with each participating member city to provide the differences in the VMT outputs (SCAG 2016 vs SCAG 2020). In addition, F&P will produce maps to show where the VMT screening outcome is different between SCAG 2016 vs SCAG 2020 (for example, places that were VMT efficient under SCAG 2016 and are not longer under the SCAG 2020 ABM model and visa versa). Note that the Task 1.3 Agency Coordination meeting would happen as part of this sub-task to discuss the next steps and whether changes to their thresholds would be needed (see Task 3).
• Deliverable 2.3.1: Technical Memorandum and Maps Template • Deliverable 2.3.2: Twenty-eight (28) Technical Memorandums (one for each participating member agency) with maps documenting the comparison of SCAG 2016 RTP/SCS TransCAD and SCAG 2020 RTP/SCS ABM VMT outputs for different jurisdictional boundaries (city, subarea, SGVCOG region, and SCAG region)
Task 9.4 Review List of TDM Strategies To Support Updating the VMT Assessment Tool To Reflect the 2021 CAPCOA GHG Handbook
The existing SGVCOG VMT Assessment Tool incorporated the CAPCOA guidance from 2010 into the mitigation function of the tool. CAPCOA identified a number of GHG/VMT reduction strategies (e.g., travel demand management or TDM measures) accompanied by methods to estimate VMT reduction. This guidance has since been superseded by the new CAPCOA Handbook for Analyzing Greenhouse Gas Emission Reductions, Assessing Climate Vulnerabilities, and Advancing Health and Equity (December 2021). The new guidance reduces the number of VMT reduction options, and it generally reflects a more conservative VMT estimation for various TDM options. Fehr & Peers will provide a summary of the changes between the 2010 and 2021 CAPCOA guidance and provide recommendations for updates needed in the VMT Assessment Tool to reflect the latest guidance. • Deliverable 2.4.1: Draft Technical Memorandum Describing Changes in CAPCOA

Guidance and Recommendations for Updating the VMT Assessment Tool with the current data.
• Deliverable 2.4.2: Final Technical Memorandum Describing Changes in CAPCOA Guidance and Recommendations for Updating the VMT Assessment Tool with the current data.

TASK 10: VMT THRESHOLDS AMENDMENTS FOR PARTICIPATING CITIES Fehr & Peers will share and discuss the results of Task 2 with participating cities (indicated as the Task 1.3 Agency Coordination meetings). These discussions will focus on similarities or differences between the VMT estimates calculated by each model. In addition, F&P will discuss the changes in CAPCOA guidance and recommendations for updating the VMT Assessment Tool. F&P will prepare recommendations for each city, which may include revisions to adopted baseline (e.g., city, subarea, SGVCOG region), updates to project screening, and/or changes to the adopted thresholds. In addition, F&P will confirm which TDM measures from the CAPCOA 2021 GHG Handbook should be included.

F&P will also discuss the state of the practice as it relates to establishing VMT thresholds throughout the State of California and within the Southern California Region.

Based on the outcome of Task 2 some participating cities may wish to update their VMT baseline, significance thresholds, or the geographic area that the thresholds are based on. The following tasks are provided for those participating agencies that wish to make changes and/or present the new findings to stakeholders/elected officials.

Task 10.1 Staff Reports and Public Hearings Support
For participating cities that request changes to their baseline or significance thresholds, Fehr & Peers will support amendments to adopted thresholds by assisting with staff reports, preparing presentations for public hearings, and/or presenting at public hearings. • Deliverable 3.1.1: VMT threshold recommendations for each participating city provided as a brief memorandum (executive summary of the Task 2 deliverables with brief recommendations tailored to each city)
• Deliverable 3.1.2: Staff report/presentation support for up to 28 participating cities • Deliverable 3.1.3: Presentations at 56 public hearings for up to 28 participating cities (56 virtual meetings)
Task 10.2 Update Thresholds of Significance in the VMT Assessment Tool As part of Task 4 (VMT Assessment Tool Updates), Fehr & Peers will incorporate changes to baseline or significance thresholds requested by participating cities. All Tool updates will be completed at one time for all cities that request a change to ensure the most efficient use of programming time.
• Deliverable 3.2.1: Update VMT thresholds in the SGVCOG VMT Assessment Tool Task 10.3 Update TIA Guidelines
Fehr & Peers will update the TIA guidelines for each of the participating cities (as-needed) to reflect changes to VMT baselines or thresholds of significance. • Deliverable 3.3.1: Update the VMT sections of the TIA guidelines for each participating city, as needed to reflect amendments to VMT significance thresholds.

TASK 11: VMT ASSESSMENT TOOL UPDATE
Fehr & Peers will utilize the results of Tasks 2 and 3 to update the SGVCOG VMT Assessment Tool.

Task 11.1 Prepare Data for Tool Update
Fehr & Peers will use the results of Task 2 to update the VMT data in the SGVCOG VMT Assessment Tool.
• Deliverable 4.1.1: Summary of Data Scripts
Task 11.2 VMT Assessment Tool Updates
Fehr & Peers will update the VMT Assessment Tool to reflect the changes. In addition, the tool documentation will be updated to reflect changes to the tool. This task assumes one round of review and revisions of updated tool.
• Deliverable 4.2.1: Update the SGVCOG VMT Assessment Tool’s (version 1.0) documentation (metadata) to reflect updates
• Deliverable 4.2.2: Update the SGVCOG VMT Assessment Tool (version 1.0) to reflect the 2020 RTP/SCS ABM and the 2021 CAPCOA guidance (based on Task 4.1 data preparation)
• Deliverable 4.2.3: Provide Beta version of the tool (SGVCOG VMT Assessment Tool version 2.0
- beta) for review by participating cities.
• Deliverable 4.2.4: Updated “for publish” SGVCOG VMT Assessment Tool version

2.0 based on 1 round of comments on the Beta version (up to 12 staff hours).

TASK 12: VMT ASSESSMENT TOOL DOCUMENTATION, HOSTING, UPDATES, AND MAINTENANCE; AND TECHNICAL USER (HELPDESK) SUPPORT
Task 12.1 Website Development
Modify the SGVCOG VMT Assessment Tool website to reflect updates to references (SCAG RTP 2020 and CAPCOA 2021), updates to metadata, and any other changes requested by SGVCOG and/or its participating member agencies.
• Deliverable 5.1.1: Update the VMT Assessment Tool website to reference updates Task 12.2 Documentation, Regular Maintenance, and Annual Assessor Parcel Number updates
Fehr & Peers will continue to host, update, and maintain the current SGVCOG VMT Assessment Tool up until the updated Tool is available. F&P will document all changes to the Tool and provide this information to all Tool users. Due to changes implemented by ESRI, F&P are required to host the tool in a cloud hosted environment with its own license F&P will manage for SGVCOG. The annual cost of hosting will be passed through directly to SGVCOG with no mark-ups by Fehr & Peers. The new cloud-based format is anticipated to provide more stability, faster computing, and a safer environment for the SGVCOG VMT Assessment Tool and provides opportunity for SGVCOG to host additional spatial resources in the same environment only for the cost of production. Fehr & Peers will manage the ESRI licensing requirements, monitor and maintain the tool, provide all data updates in the tool, and implement and manage the hosting agreement with Azure. SGVCOG requested a five-year hosting agreement; however, given the unknown potential cost updates that either ESRI or Azure may implement each year, the costs for these are shown as actual year one costs only. Future year invoices for software and hosting by ESRI and Azure, respectively, will be passed through directly to SGVCOG. The budget shows an estimate for future year costs, but this is only an estimate.

At the end of the 5-year period, Fehr & Peers will prepare the SGVCOG VMT Assessment Tool for Transfer to SGVCOG unless a contract extension is executed. Note that major updates that are not already addressed in this scope (such as incorporating new versions of the model data/new TDM measure guidance in upcoming years) will require a separate scope/budget.

F&P anticipate that there will be updates necessary to reflect the 2024 SCAG So Cal Connect Plan since the model will be updated as part of the process. F&P anticipate that the model will remain an activity-based model (ABM) in the same modeling platform as used for the 2020 SCAG RTP/SCS. F&P expect that updating the tool with the 2024 RTP data will be relatively straightforward and that F&P can use the same scripts that are developed in Tasks 2.1/2.2 to convert the 2024 model output into the format needed to flow into the tool. F&P have included some additional budget for updating to the 2024 model data. Note that this scope does not include major updates resulting from the model type/version changing, or if the results from the model drastically change requiring additional coordination with cities. • Deliverable 5.2.1: Continue to host, update, and maintain the SGVCOG VMT Assessment Tool
V.1.0 until the Update is completed
• Deliverable 5.2.2: Host, update, and maintain the SGVCOG VMT Assessment Tool (V.2.0) in new cloud environment for five years beginning on the date of public release. Maintenance includes updating the tool to reflect the 2024 SCAG So Cal Connect Plan (assuming that the data is available within the five-year maintenance period)
Task 12.3 Technical (Helpdesk) Support
This contract includes approximately 24 staff hours per year over the 5-year period for technical support. F&P will notify the project manager when they have utilized 16 hours in a given year.

Helpdesk will be billed on an hourly basis.
• Deliverable 5.3.1: Operate Helpdesk
• Deliverable 5.3.2: Document helpdesk requests and responses for inclusion in progress reports that accompany invoices
B. SGVCOG Work
During the term of the Agreement, and pursuant to its terms and conditions, SGVCOG agrees to provide participating member cities the following services related to project management and administration:

Services
Project Management for the life of the 5-year contract
• Coordinating meetings and communication with participating cities • Overseeing consultant work
• Tracking program budget
• Contract monitoring and enforcement
• Accounting and invoicing
• Contract execution and amendments as necessary
C. Compensation

The City’s share of the overall costs, which is inclusive of SGVCOG’s project management fees, to complete the tasks is as follows:

Task Description Not to Exceed Amount
Development of the
Original VMT Analysis
Model
$12,229.00
Tasks 1 – 7
Web-Based Regional
VMT Analysis Tool
$2,750.00
Task 8 – 12 VMT Assessment Model
& Tool Update
$15,000.00
TOTAL $29,979.00

AMENDMENT NO. 1
TO

MEMORANDUM OF AGREEMENT BETWEEN THE SAN GABRIEL VALLEY

COUNCIL OF GOVERNMENTS AND THE CITY OF SOUTH EL MONTE FOR

PARTICIPATION OF THE SAN GABRIEL VALLEY REGIONAL VMT ANALYSIS MODEL
This Amendment No. 1 (" Amendment") to the Memorandum of Agreement Between the San Gabriel Valley Council of Governments ( the " SGVCOG") and the City of South El Monte ( the City") For Participation of the San Gabriel Valley Regional VMT Analysis Model, dated March 24, 2020 (the " MOA") shall be effective upon the date executed by both Parties hereto (" Effective Date").

RECITALS
A. SGVCOG and City entered into the MOA to develop the San Gabriel Valley Regional VMT Analysis Model; and
B. SGVCOG and City hereby agree to amend the MOA pursuant to this Amendment to add a web -based Regional VMT Analysis Tool (" Analysis Tool") to the scope of work, increase the compensation to paid to SGVCOG by $ 2, 750 and extend the term of the MOA to July 31, 2025.

C. SGVCOG and City hereby agree to amend the Agreement under Amendment 01 to add a web -based Regional VMT Analysis Tool (" Analysis Tool"), which will include individual city data bases with VMT decision points as adopted by City, update on a quarterly basis the Los Angeles County Assessor Parcel data, and associated web -based mapping.

Standard maintenance on all data and applications will be provided and data will be updated when new versions become available.

NOW THEREFORE, the Parties agree to amend the Agreement amended as follows:

I. Article I. Term, shall be deleted in its entirety and replaced with the following:

The term of this MOA shall commence upon execution of the MOA by the Parties and shall continue through July 31, 2025. Such term may be extended upon written agreement of both parties to this Agreement."
II. Article 11. Responsibilities ofthe Parties, Section A. Subsections 1, 5, and 7 shall be deleted in their entirety and replaced with the following:

1. Undertake procurement and management of consultant( s) to complete the Model and maintain the Analysis Tool. Execute contracts with the consultant for the development of the Model and maintenance of the Analysis Tool.
1506398. 1 1

ATTACHMENT C

5. Manage ongoing coordination of project calls with the Parties and the consultant throughout the development of the Model and maintenance of the Analysis Tool.

7. Submit two invoices to the City, in an amount that does not exceed $ 14, 979. 00, as follows:

The payment of the first invoice will be due within thirty ( 30) days upon the City' s receipt of the first invoice for $ 12, 229. 00.

The payment of the second invoice will be due by September 30, 2020 for an amount that does not exceed $ 2, 750. 00."
111. Article 11. Responsibilities of the Parties, Section B. Subsections 1 and 3 shall be deleted in their entirety and replaced with the following:

I. Participate in coordination calls and meetings with all parties and consultant throughout the development of the Model and maintenance of the Analysis Tool, as necessary.

3. Actively engage in the development of the Model and maintenance of the Analysis Tool including, but not limited to, promptly responding to all correspondence ( phone calls and e- mail communications), responding to data requests, and attending any necessary meetings."
IV. Article IV. Section A, shall be deleted in its entirety and replaced with the following:

A " Default" under this MOA is defined as any one or more of the following: ( i) failure of either Party to comply with the terms and conditions contained in this MOA; and/ or ( ii) failure of either Party to perform its obligations set forth herein satisfactorily or make sufficient progress towards completion of the Model and maintenance of the Analysis Tool."
V. Integration. This Amendment amends, as set forth herein, the MOA and except as specifically amended hereby the MOA shall remain in full force and effect. To the extent there is any conflict between this Amendment and the MOA, the terms and provisions of this Amendment shall control. This Amendment and the MOA, including any exhibits attached to the MOA, integrate all the terms and conditions of the Parties' agreement and supersede all negotiations with respect hereto.
1506398AI 2

The Parties hereby enter into this Amendment No. I upon the Effective Date as is set forth above.

CITY OF SOUTH EL MONTE
By:

Name:

Title: C
Date: I ( C5 I
Approved as to Form:

City Attorney
1506398. 1

SAN GABRIEL VALLEY COUNCIL OF

GOVERNMENTS
By:

Name: G: s/
Title: c;;;:-- 4 V
Date:

DocuSign Envelope ID: 70183AF5- 2B02- 4256- 808F- 8C60EF25023D

MEMORANDUM OF AGREEMENT

BETWEEN THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS

AND THE CITY OF SOUTH EL MONTE FOR PARTICIPATION OF THE SAN

GABRIEL VALLEY REGIONAL VMT ANALYSIS MODEL
This Memorandum of Agreement (" MOA" or " Agreement") is made as of March 24, 2020 by and between the City of South El Monte, a
municipal corporation (" City"), and the San Gabriel
Valley Council of Governments, a California joint powers authority (" SGVCOG"). City and SGVCOG may be referred to herein collectively as the " Parties" or individually as a " Party." A. SGVCOG was established to have a unified voice to maximize resources and advocate for regional and member interests to improve the quality of life in the San Gabriel Valley by the member cities and other local governmental agencies.

B. City seeks to participate in the San Gabriel Valley Regional Vehicle Miles of Travel VMT) Analysis Model ( Model).

C. City and SGVCOG desire to set forth the terms of their ongoing collaboration with respect to this effort in this MOA.

NOW, THEREFORE, the Parties agree as follows:

The term of this MOA shall commence upon execution of the MOA by the Parties and shall continue through the completion of all work completed under this MOA. The term of this MOA may be extended by mutual written agreement of the Parties.

A. SGVCOG.

SGVCOG will:

1. Undertake procurement and management of consultant( s) to complete the Model. Execute a contract with the consultant for the development of the Model.

2. Manage all invoicing and billing.

3. Review draft deliverables prepared by the consultant for accuracy prior to submission to City.

4. Coordinate with the consultant to ensure consultant' s participation in calls and meetings.

5. Manage ongoing coordination of project calls with the Parties and the consultant throughout the development of the Model.

6. Review and provide comments on draft communications and documents related to MOA products.

7. Submit one invoice to the City, in the amount that does not exceed $ 14, 855. 00, 01257. 0006/ 636901. 1

ATTACHMENT D

DocuSign Envelope ID: 70183AF5- 2B02- 425B- 808F- 8C60EF25023D as follows:

The payment of the invoice will be due within thirty ( 30) days upon the City' s receipt of the invoice for one hundred percent ( 100%) of the total cost.

B. City.

City will:

1. Participate in coordination calls and meetings with all parties and consultant throughout the development of the Model, as necessary.

2. Provide a point -of -contact with name, title, and contact information. If the point -of -contact is reassigned or no longer with the City, a new point -of - contact must be designated within five ( 5) business days.

3. Actively engage in the development of the Model including, but not limited to, promptly responding to all correspondence ( phone calls and e- mail communications), responding to data requests, and attending any necessary meetings.

4. Review and provide comments to consultant on deliverables as identified in the scope of work from the RFP for the Model, attached hereto as Exhibit " A" and incorporated herein by this reference.

5. Participate in check- in calls and/or meetings with consultant. Participate in coordination calls with all Parties, as necessary.

6. Approve within five ( 5) business days any deliverables that can be approved by staff or ten ( 10) business days any items that need to be approved by city attorney or city manager.

7. Pay the invoice submitted by the SGVCOG within thirty ( 30) days.

III. PROJECT MANAGEMENT:

A. Project Managers.

1. For the purposes of this MOA, SGVCOG designates the following individual as its Project Manager: Alexander Fung, Management Analyst.

2. For the purposes of this MOA, the City designates the following individual as its Project Manager: Rene Salas — Public Works/ Planning Director Either Party may change the designations set forth herein upon written notice to the other Party.
1M4 "" 011" I 1
A. Default. A " Default" under this MOA is defined as any one or more of the following: ( i) failure of either Party to comply with the terms and conditions contained in this MOA; and/ or 00 failure of either Party to perform its obligations set forth herein satisfactorily or make sufficient progress towards completion of the Model.

B. Remedies. In the event of a Default by either Party, the non -defaulting Party 01257. 0006/ 636901. 1

DocuSign Envelope ID: 70183AF5- 2B02- 425B- 808F- 8C60EF25023D will provide a written notice of such Default and thirty ( 30) days to cure the Default. In the event that the defaulting Party fails to cure the Default, or commit to cure the Default and commence the same within such 30 -day period and to the satisfaction of the non -defaulting Party, the non -defaulting Party may terminate this MOA. Such termination shall be effective immediately. The remedies described herein are non- exclusive. In the event of a Default by either Party, the non -defaulting Party shall have the right to seek any and all remedies available at law or in equity.

V. INDEMNIFICATION:

A. City agrees to defend, indemnify, and hold free and harmless the SGVCOG, its elected and appointed boards, officials, officers, agents, employees, members, and volunteers, at City' s sole expense, from and against any and all claims, actions, suits, or other legal proceedings brought against the SGVCOG, its elected and appointed boards, officials, officers, agents, employee members, and volunteers arising out of or relating to the acts or omissions of City in connection with this Agreement.

B. SGVCOG agrees to defend, indemnify, and hold free and harmless the City, its elected officials, officers, agents, employees, and volunteers, at SGVCOG' s sole expense, from and against any and all claims, actions, suits, or other legal proceedings brought against the City, its elected officials, officers, agents, employees, and volunteers arising out of or relating to the acts or omissions of SGVCOG in connection with this Agreement.

VI. INSURANCE:

A. City and SGVCOG shall maintain and keep in full force and effect during the term of this MOA insurance or a program of self-insurance against claims for injuries to persons or damages to property which may arise in connection with City' s or SGVCOG' s performance of its obligations hereunder.

VII. 0THER TERNIS AND CONDITIONS:

A. Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by electronic mail or certified mail, postage prepaid and return receipt requested, addressed as follows:

To SGVCOG: Alexander Fung
Management Analyst
1000 S. Fremont Avenue, Unit 42
Building A- ION, Suite 10- 210
Alhambra, CA 91803
626) 457- 1800
afung_Ca, sgvcog orQ
01257.0006/636901. 1

DocuSign Envelope ID: 70183AF5- 2B02- 425B- 808F- 8C60EF25023D with a copy to: Marisa Creter
Executive Director
1000 S. Fremont Avenue, Unit 42
Building A- lON, Suite 10- 210
Alhambra, CA 91803
626) 457- 1800
mcreter@sgvcog. org
To City: Rachel Barbosa
City Manager
1415 Santa Anita Ave.

South El Monte, CA 91733
626) 579- 6540
rbwbosa@soehnonte. org
with a copy to: Rose Juarez
City Clerk
1415 Santa Anita Ave.

South EI Monte, CA 91733
626) 579-6540
Juarez@soelmonte. org
with a copy to: City Attorney of South EI Monte
Anthony Taylor
Aleshire & Wynder, LLP
18881 Von Karman Ave., Suite 1700
Irvine CA 92612
B. No Partnership. This Agreement is not intended to be, and shall not be construed as, an agreement to form a partnership, agency relationship, or a joint venture between the Parties. Except as otherwise specifically provided in the Agreement, neither Party shall be authorized to act as an agent of or otherwise to represent the other Party.

C. Entire Agreement. This Agreement constitutes the entire understanding between the Parties with respect to the subject matter herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the Parties in interest at the time of such modification.

D. Governing Law. This Agreement shall be governed by and construed under California law and any applicable federal law without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the Parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Los Angeles County, California.

E. Attorneys' Fees. In the event that there is any litigation or other legal proceeding between the Parties in connection with this Agreement, each Party shall bear its own 01257. 000&( 636901. 1

DocuSign Envelope ID: 70183AF5- 2B02- 4256- 808F- 8C60EF25023D costs and expenses, including attorneys' fees.

F. Excusable Delays. Neither Party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of any such obligation is prevented or delayed by unforeseen causes including acts of God, floods, earthquakes, fires, acts of a public enemy, and government acts beyond the control and without fault or negligence of the affected Party. Each Party hereto shall give notice promptly to the other of the nature and extent of any such circumstances claimed to delay, hinder, or prevent performance of any obligations under this Agreement.

G. Waiver. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought.

H. Headinas. The section headings contained in this Agreement are for convenience and identification only and shall not be deemed to limit or define the contents to which they relate.

I. Assignment. Neither Party may assign its interest in this Agreement, or any part thereof, without the prior written consent of the other Party. Any assignment without consent shall be void and unenforceable.

J. Severability. If any provision of 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.

K. Authority to Execute. The person executing this Agreement on behalf of a Party warrant that they are duly authorized to execute this Agreement on behalf of said Party, and that by doing so said Party is formally bound to the provisions of this Agreement.
01257.0006/636901. 1

DocuSign Envelope ID: 70183AF5- 2802- 4256- 808F- 8C60EF25023D IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the day and year first above written.

FOR THE CITY OF South El Monte
By: — V4FrRachel Barbosa
City Manager /
Date:

ATTE
City Clerk
APPROVED AS TO FORM:

Anthony R. Taylor
City Attorney
01257. 0006/ 636901. 1

FOR THE SAN GABRIEL VALLEY

COUNCIL OF GOVERNMENTS
By: 1aiSa cr
Marisa Creter
Executive Director
Date:
04/ 14/ 2020
ATTEST:

M44S'% ( lab 4
Marisa Creter, Secretary
APPROVED AS TO FORM:
111 DOWN L...
llllCGeneral Counsel

DocuSign Envelope ID: 70183AF5- 2B02- 425B- 808F- 8C60EF25023D

EXHIBIT A

SCOPE OF WORK FOR

SAN GABRIEL VALLEY REGIONAL VMT ANALYSIS MODEL
Task 1 - Project Management
Task 1. 1- Kickoff Meeting. The Consultant shall conduct a kickoff meeting. The primary objectives will be to review scope, schedule, project goals and key issues.

Task 1. 1 Deliverables: Meeting Notes and Materials for Kickoff Meeting.

Task 1. 2 - Project Team Coordination. Monthly project team meetings, regular phone and email check -ins, and other communications will ensure the tasks listed in this SOW stay on schedule and within budget.

Task 1. 2 Deliverables: Monthly Meeting Notifications, Agendas, and Notes.

Task 1. 3- Invoicing and Contracts. The Consultant shall provide monthly invoices to the SGVCOG and coordinate any contracting paperwork/ logistics.

Task 1. 3 Deliverables: Monthly Invoices and Coordination on Contracts.

Task 2 - Methodology for Vehicle Miles Traveled
The Consultant shall review tools for estimating VMT in the study area. Based on this review, the Consultant shall develop a methodology for measuring Vehicle Miles Traveled ( VMT) based on a method supported by the State of California Office of Planning and Research ( OPR) in the implementation of SB 743 guidelines, including VMT screening. The findings and recommendations will be presented as a memorandum, and will consider projects' effect on both baseline and cumulative conditions, using separate methodologies if appropriate. The Consultant shall explore and depict existing practices and methodologies utilized by cities in regions similar to the San Gabriel Valley in the memorandum, explore options for dividing the San Gabriel Valley by districts or areas with different methodology tailored to each district/ area ( dependent on the intensity and type of existing land uses), and discuss options for capitalizing on multi -modal opportunities in a built -out community. This includes identifying applications when to institute VMT for purposes of evaluating incoming development.

Task 2 Deliverable: Memorandum Outlining Methodology for Vehicle Miles Traveled.

Task 3 - Develop VMT Thresholds and Mitigation Measures For each participating City, the Consultant shall develop and establish VMT thresholds of significance for project - specific and cumulative impacts ( Land- Use, Land -Use Plan, and Transportation projects) that promote ( 1) reduction of greenhouse gas emissions; ( 2) development of multi modal transportation networks; and ( 3) a diversity of land uses. Thresholds shall be for existing and proposed land uses that will be used for analyzing transportation impacts in CEQA analyses. The Consultant shall provide mitigation measures compliant with CEQA Guidelines Section 15064. 3. The mitigation measures shall be developed based on Transportation Demand Management strategies available to reduce VMT as documented by State agencies and best practice research. Mitigation measures shall then be refined through application of specific 01257. 00061636901. 1

DocuSign Envelope ID: 70183AF5- 2B02- 4256- 808F- 8C60EF25023D Transportation Demand Management measures to quantifiably mitigate potential VMT impacts.

The Consultant shall identify ranges of effectiveness for the mitigation measures appropriate for each City, including transit, Transportation Demand Management, Active Transportation, and other trip/travel reduction strategies. The Consultant shall then coordinate with each City to determine which measures will be required as part of the project entitlement process and what measures will be optional. These items shall be presented in memorandum, with graphics and tables to present topics and concepts when appropriate.

Task 3 Deliverable: Memorandum on VMT Thresholds and Mitigation Measures for each participating City.

Task 4 - Develop VMT Evaluation Tool for Incoming Development Projects To be able to assess VMT project -specific and cumulative impacts for incoming developments on individual projects, the Consultant shall prepare an interactive spreadsheet for each City that will assess VMT impacts based on land use type and VMT reduction strategies ( e. g., multimodal infrastructure improvements, number of parking spaces constructed/ utilized, and Transportation Demand Management programs to be instituted as part of the project). The interface should be simple for City employees and developers alike to easily understand impacts for projects submitted and to quantify the effectiveness of mitigation measures on reducing VMT.

Task 4 Deliverable: Interactive Spreadsheet to Assess VMT Impacts for Incoming Development Projects.

Task 5 - Sample Projects
The Consultant shall work with each participating City to identity projects to test through the significance criteria. Potential mitigation measures and realistic assessments of effectiveness in VMT reduction will be identified for various geographies and project types.

Task 5 Deliverable: Memorandum on Sample Projects.

Task 6 - Trak Impact Analysis Guidelines
The Consultant shall update each City' s Traffic Impact Analysis Guidelines to include VMT analysis for CEQA purposes, in addition to retaining Level of Service ( LOS) methodology for General Plan compliance. This should include an evaluation of potential enhancements and recommended changes to the existing LOS -based guidelines.

Task 6 Deliverable: Updated Traffic Impact Analysis Guidelines.

Task 7 - Public Hearing Support
The Consultant shall attend and participate in one public meeting for each participating City.

This will include attending, presenting, and responding to questions at either a City Council, Commission, Committee, or other public meeting/ hearing.

Task 7 Deliverable: Public Meeting Attendance
01257. 0006/ 636901. 1

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

DATE: April 11, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Rene Salas, City Manager
SUBJECT: AUTHORIZATION FOR 2023 STAFF DEVELOPMENT AND

TEAM BUILDING EVENT
SUMMARY: The City Council supported the first Staff Development and Team Building Event previously held on April 30, 2022 at New Temple Park. This year, staff is seeking the support from the City Council to host another Staff Development and Team Building Event on Saturday, April 29, 2023.

RECOMMENDED ACTION: Staff recommends City Council approve a 2023 Staff Development and Team Building Event and allocate $5,000.00 from the General Fund to the Human Resources Recognition account 01-100-1050-5940 to host the event.

FISCAL/FINANCIAL IMPACT: The fiscal impact of the Staff Development and Team Building Event is as follows (01-100-1050-5940 Human Resources Employee Recognition):

Estimated Cost to Host Event:

Item Description Cost
Food Food for 150 participants $2,400.00
Rental Equipment Canopies, Tables, Chairs,
Inflatables
$2,300.00
Entertainment DJ Services $300.00
Total: $5,000.00
DISCUSSION: In 2022, City employees and their families enjoyed a day full of games, activities, and food at the Staff Development and Teaming Building Event. The purpose of the event is the development of staff by creating a neutral environment where employees socialize and engage with their colleagues outside of the work space.

Employees also participate in team-building activities such as relay races, puzzles, and group games, all focused on team work and fun. The Staff Development and Team

Building Event is family oriented and provides age-appropriate activities for children, which includes inflatables and sports games.

Staff report prepared by Jayson Perez, Recreation Coordinator.

ATTACHMENT(S):

None

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

DATE: April 11, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Rene Salas, City Manager
SUBJECT: LETTER FROM EL MONTE/ SOUTH EL MONTE JETS

REQUESTING A FACILITY FEE WAIVER FOR THE USE OF

THE COMMUNITY CENTER, NEW TEMPLE PARK AND DEAN
L. SHIVELY PARK FIELDS, CONSIDERATION TO WAIVE THE

PARK LIGHT FEES, AND CONSIDERATION OF A

MONETARY DONATION
SUMMARY: The El Monte/ South El Monte Jets (Jets) are requesting a facility reservation fee waiver for the use of the City Community Center, New Temple Park fields, and Dean L. Shivley Park field to host football practices, cheerleading practices, sports physicals, and season banquets. Additionally, the Jets are also requesting the City Council consider waiving the park light fees and consider a monetary donation up to $4,900.00.

RECOMMENDED ACTION: Staff recommends City Council discuss and consider the facility reservation fee waiver for the use of the Community Center, fields at Dean L.

Shively Park and New Temple Park in the amount of $42,352.00, the request to waive the park light fees in the estimated amount of $15,097.50, and request of a monetary donation up to $4,900.00.

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 $42,352.00 and the Jets are responsible for all remaining costs including, but not limited to, light fees, insurance coverage, and staff time, etc.

If the City Council approves waiving the light fees, the waived amount will have to be allocated from the City General Fund in the estimated amount of $15,097.50.

Additionally, the Jets are requesting a monetary donation up to $4,900.00, and if approved, funds will have to be allocated from the City General Fund.

These amounts may vary based upon updates or changes to the reservation. Any increases in the requested waiver amounts will require City Council approval and should

be submitted in a timely order by the Jets in a letter format.

Please refer to Attachment A- Jets Reservation Fee Details, summarizing the fees associated with the reservation request.

DISCUSSION: The City has been a long-time sponsor and supporter of the Jets. The City has designated the Jets as a City- grandfathered- youth sports organization with first- use- right refusal to the fields at Dean L. Shivley and New Temple Park during their agreed-upon season. The Jets are a non-profit organization composed of volunteers, who serve the City by providing affordable flag football, tackle football, and cheerleading program to children ages 5-12. The Jets have three (3) requests for the City Council's consideration:

The Jets are requesting a facility reservation fee waiver for the use of Dean L. Shivley Park, New Temple Park, and the Community Center Gym, Amphitheater, and Dance Room for their 2023 season functions and activities. For a more detailed breakdown of the specific dates and activities, please refer to Attachment B- Jets Reservations Dates.

In addition, the Jets are requesting the City Council to consider waiving light fees at Dean L. Shively and New Temple Park for the entirety of their reservation. For the last two (2) seasons, the Jets have paid light fees for field use during practices and games. According to the current City Council approved Facility Reservation Regulation and Fee Schedule, community partners and non-profit organizations are permitted a fee waiver request which solely covers the facility rental fees. All other fees related to the reservation including, but not limited to, light fees, insurance coverage, staff time, etc. are the responsibility of the Jets. If approved, an estimated amount of $15,097.50 will have to be allocated from the City General Fund. The City Council has the discretion to approve or deny any request not included in the Facility Reservation Regulations and Fee Schedule.

Lastly, the Jets are requesting the City Council to consider a monetary donation up to $4,900.00 to cover the reservation cost of hosting football games at South El Monte High School. If approved, the City Council can determine the donation amount and allocate it from the City General Fund.

Staff report prepared by Jayson Perez, Recreation Coordinator.

ATTACHMENT(S):

A. Jets Reservation Fee Details
B. Jets Reservation Dates
C. Jets Request Letter
D. Jets Reservation Applications

Jets Reservation Fees Details
Fee Description Units Total
Shively Park Field Rental Fee $50/hour x 105 hours $5,250.00 New Temple Park Rental Fee $50/hour x 607.5 hours $30,275.00 Community Center Gym Rental
Fee
$100/hour x 7 hours $700.00
Community Center
Amphitheater Rental Fee
$50/hour x 123.75 hours $6,187.00
Community Center Dance
Room Rental Fee
$20/hour x 6 hours $120.00
Total Waived Fees $42,352.00
Fee Description Units Total
Shively Park Light Fee $30/hour x 28 hours $3,840.00
New Temple Park Light Fee $30/hour x 372.25hours $11,257.50 Community Center Gym Rental
Staff Time
$16/hour x 7 hours (1) staff $112.00
Community Center
Amphitheater Rental Staff Time
$16/hour x 7 hours (1) staff $112.00
Community Center Dance
Room Rental
$16/hour x 6 hours x (1) staff $96.00
Shively Park Field Damage
Deposit
$500.00 (Refundable) $500.00
New Temple Park Damage
Deposit
$500.00 (Refundable) $500.00
Community Center Gym
Damage Deposit
$600.00 (Refundable) $600.00
Community Center
Amphitheater Damage Deposit
$600.00 (Refundable) $600.00
Insurance Coverage Agency will Provide -
Total Non- Waived Fees $17,617.50
Total fees waived: $42,352.00
Total fees charged to Jets Organization: $17,617.00

ATTACHMENT A

Jets Reservation Dates
Shively Park Field
Dates: July 5, 2023 to July 31, 2023
Days: Monday to Sunday
Time: 5:30 p.m. to 8:45 p.m.

Activity: Football and Cheer Practice
New Temple Park Field
Date: August 1, 2023 to November 30, 2023
Days: Monday to Sunday
Time: 5:30 p.m. to 8:45 p.m.

Activity: Football and Cheer Practice
Community Center Amphitheater
Dates: November 1, 2023 to February 29, 2024
Days: Tuesday, Wednesday, Thursday
Time: 6:00 p.m. to 8:45 p.m.

Activity: Cheer Practices
Community Center Dance Room
Date: May 15, 2023; June 25, 2023; July 7, 2023
Time: 6:00 pm to 8:00 pm
Activity: Cheer Uniforms Fittings
Community Center Gymnasium
Date: June 24, 2023
Day: Saturday
Time: 7:00 a.m. to 2:00 p.m.

Activity: Football Coaches Clinic

ATTACHMENT B

ATTACHMENT C

ATTACHMENT D