Final Minutes Approved 11-14-23
CITY OF SOUTH EL MONTE
REGULAR CITY COUNCIL MEETING MINUTES
Tuesday, October 24, 2023 - 6:00 PM
1415 Santa Anita Avenue, South El Monte, California 91733 Mayor Olmos called the meeting to order at 6:01 PM.
1. ROLL CALL
PRESENT: Councilmember(s): Acosta, Bojorquez, Delgado, Mayor Pro Tem Angel, and Mayor Olmos
ABSENT: Councilmember(s): None
STAFF PRESENT: Rene Salas, City Manager; Anthony R. Taylor, City Attorney; Masami Higa, Director of Finance; Guillermo Arreola, Director of Community Development; lyob Tessema, Interim Director of Human Resources & Risk Management; Donna G. Schwartz, City Clerk, and Robert Molina, Interim Deputy City Clerk.
STAFF ABSENT: Paola Lara, Deputy City Clerk.
Zoom was provided for the Public to participate during public comment via teleconference.
2. PLEDGE OF ALLEGIANCE — Mayor Gloria Olmos, led the Pledge of Allegiance.
3. INVOCATION — Mayor Gloria Olmos, offered the Invocation.
4. PRESENTATIONS
4.c. City Council received a report from the Sheriffs Department for the Month September. This item was heard after the approval of the agenda.
4.d. City Council received a report from Code Enforcement and Public Safety Department for the Month of September.
5. APPROVAL OF THE AGENDA AND WAIVER OF FULL READING OF
ORDINANCES
City Attorney Anthony R. Taylor announced consent calendar item 7.e. is being pulled, read item 7.c. Ordinance No. 1269 by title and read item 7.d. employment terms and compensation of the director of public works employee agreement.
A motion was made by Councilmember Delgado, seconded by Mayor Pro Tem Angel to approve the agenda as amended. Motion passed 5-0, by the following vote: Vote next page.
AYES: Councilmember(s): Acosta, Bojorquez, Delgado, Mayor Pro Tem Angel, and Mayor Olmos
NAYS: Councilmember(s): None
6. PUBLIC COMMENT
Mayor Olmos opened public comment.
1. Edwarda Sauceda, resident, commented on the following: PC Resolution 23- 04, CM Measure, money recovered by the Sheriff's Department, cannabis business, thanked sheriff's for keeping riverbed clean, home or location for homeless to go bathe, resources for homeless, kits for women that are homeless, Measure H, homeless academic, and taking care of the people.
2. Jack Owens, commented on the CUP 23-03 from last planning commission meeting voicing his concern about alcohol on premises, parking, liability and exposure on the city, operating without an ABC license, drinking before and after the event, venue near school with minors nearby and asked city to reconsider.
Mayor Olmos, there being no more public comment, closed public comment.
At this time City Manager Rene Salas presented newly appointed Public Works Director John Poehler who introduced himself.
7. CONSENT CALENDAR
A motion was made by Mayor Pro Tem Angel, seconded by Councilmember Acosta to approve the Consent Calendar as amended. Motion passed 5-0, by the following vote:
AYES: Councilmember(s): Acosta, Bojorquez, Delgado, Mayor Pro Tem Angel, and Mayor Olmos
NAYS: Councilmember(s): None
7.a. Approved Minutes of the October 10, 2023, Regular City Council meeting.
7.b. Adopted Resolution No. 23-97, authorizing payment of City expenditures for the period of October 11, 2023, through October 24, 2023, totaling $512,079.82.
7.c. Adopted Ordinance No. 1269, to repeal Title 2, Chapter 2.52 "Traffic Commission."
7.d. Adopted Resolution No. 23-98, approving the employment agreement between the City and John Poehler for the position of Director of Public Works and authorized the City Manager to execute agreement.
CONSENT CALENDAR (CONTINUED)
This item was pulled.
7.e. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 23-100,
AUTHORIZING THE CITY MANAGER TO SIGN EXTENSIONS TO
ONGOING FACILITY USE AGREEMENTS AND TO ENTER INTO NEW
AGREEMENTS FOR THE USE OF CITY FACILITIES
8. PUBLIC HEARINGS — None.
9. GENERAL BUSINESS
9.a. PUBLIC OUTREACH PRESENTATION AND APPROVAL OF CONCEPT
PLANS FOR CIVIC CENTER AND INTERJURISTICTIONAL BICYCLE
LANES PROJECT
Mayor Olmos announced the item and City Manager Rene Salas introduced Amy Wong with ActiveSGV who presented a PowerPoint on the Civic Center and Interjurisdictional Bicycle Lanes Project and design of the proposed improvements and announced the designer Aryo Rad with CR Associates was in attendance for any questions.
Motion by Councilmember Acosta, seconded by Councilmember Bojorquez to receive and file the presentation and directed staff to proceed with the final design of the proposed improvements. Motion passed 550, by the following vote:
AYES: Councilmember(s): Acosta, Bojorquez, Delgado, Mayor Pro Tem Angel, and Mayor Olmos
NAYS: Councilmember(s): None
9.b. DISCUSSION AND DIRECTION CONCERNING SIDEWALK VENDOR
LAWS AND POTENTIAL NEW REGULATIONS
Mayor Olmos announced the item and City Attorney Anthony R. Taylor presented the staff report and reviewed the options noting if Council wanted to proceed with amending the municipal code chapter 5.09 it can be brought back with an ordinance for a first and second reading.
Discussion ensued between City Attorney and Council regarding sidewalk vendors; recent legislation SB 946 & SB 972 that limit a city's ability to enforce criminal penalties and other regulations against sidewalk vendors; proposed changes to municipal code; questions on what vendors can do; LA County's requirements; proposed increasing distance requirements; vendors to obtain permits/license; code enforcement; vendors behavior; public health & safety and differences between the County and State requirements.
Motion was to continue. Consensus by Council to continue item with City Attorney bringing back an amended ordinance.
GENERAL BUSINESS (CONTINUED)
9.c. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 23-101, IN
SUPPORT OF LAWSUIT FILED BY TWELVE CALIFORNIA CITIES
AGAINST ZERO -BAIL POLICY
Mayor Olmos announced the item and City Attorney Anthony R. Taylor presented the staff report.
At 7:05 p.m. Mayor Pro Tem Angel left the chambers.
At 7:06 p.m. Mayor Pro Tem Angel returned to the chambers.
Motion by Councilmember Delgado, seconded by Councilmember Acosta to adopt Resolution No. 23-101, in support of the lawsuit filed by twelve cities against the LA Superior Court zero -bail policy. Motion passed 5-0, by the following vote:
AYES: Councilmember(s): Acosta, Bojorquez, Delgado, Mayor Pro Tern Angel, and Mayor Olmos
NAYS: Councilmember(s): None
10. COMMITTEE REPORTS, INCLUDING AB 1234 REPORTS
Councilmember Acosta announced he attended the "Walk to End Domestic Violence" event.
Councilmember Bojorquez had nothing to report.
Councilmember Delgado had nothing to report.
Mayor Pro Tem announced he attended the "Walk to End Domestic Violence" event and the memorial services for the City of El Monte's Police Chief Benjamin Lowry.
Mayor Olmos announced she attended the "Walk to End Domestic Violence" event and thanked Senator Susan Rubio and others who were in attendance who told their story, thanked all the vendors and Shively Middle School Saints and noted that SEACCA is still adopting pets.
11. CORRESPONDENCE — None.
12. COUNCILMEMBERS' AGENDA
12.a. COUNCILMEMBER HECTOR DELGADO
1. Discussion an Planning Commission's Decision from the Planning Commission Meeting on October 17, 2023, regarding Resolution No. 23-04, Conditional Use Permit (CUP) No. 23-03.
RECOMMENDATION: Direction and/or action.
Councilmember Delgado presented his discussion on the planning commission's decision approving CUP 23-03 (1703 Floradale), feels other issues should have been addressed such as violations and outstanding fines.
Discussion ensued between Councilmember Delgado, City Attorney, and staff.
Mr. Delgado voiced concern with prior legal issues vendor had elsewhere. City Attorney Anthony R. Taylor stated this can be addressed when applicant is present to defend themselves. Mr. Delgado would like this item to be brought back for reconsideration through an appeal so additional information can be provided to the commission for a more informative decision. Mr. Delgado feels it all comes down to liability. City Attorney Anthony Taylor stated, with regard to liability, if it occurs on city property but for private property the city is protected per Government Code Section 820.9 through 821.4.
Mr. Delgado motioned to bring the item back through an appeal for Council consideration, feel numerous red flags have been raised and would allow applicant to come back and answer some of the issues.
City Attorney Anthony Taylor provided information regarding the appeal process.
Councilmember Bojorquez asked for clarification of the zoning code referenced on the citations.
Mayor Pro Tem Angel stated City has no priority or control over schools and responded to the comment made by Mr. Owens during public comment regarding "alcohol and schools don't mix" stating that the events are at night and feels other businesses should be closed due to violations, owes fines and are not so why close this business and give them a chance.
Councilmember Acosta noted a concerted effort to shutdown a small business that is not bothering anyone the events are family events, applicants have been doing everything they have been asked to do, why need an ABC license if they don't sell alcohol.
Pace 5 of 6
COUNCILMEMBERS' AGENDA (CONTINUED)
Mayor Olmos noted the Planning Commission was aware of the citations. The business is a family -oriented business, school district would have priority if there was a function, not sure why they are being shut down after complying over and over again and has been given a lot of restrictions, feels if given to one then give to all. City is not in the business of closing businesses but to welcome them. And agrees with Planning Commission's decision.
12.b. MAYOR GLORIA OLMOS
1. More User Friendly with Business License Process through HdL.
RECOMMENDATION: Direction and/or action.
Mayor Olmos discussed her item of a more friendly business license process and asked staff to adopt criteria that is easy to follow and to work with HdL to be more specific on the process so that applicants don't have to keep coming back as well as the building permit process.
13. CLOSED SESSION — None.
14. RECESS COUNCIL MEETING:
Mayor Olmos recessed the meeting at 7:48 p.m.
Mayor Olmos adjourned the Successor Agency meeting at 7:50 p.m.
15. ADJOURNMENT
At 7:51 p.m. Mayor Olmos adjourned the meeting in memory of City of El Monte's Police Chief Benjamin Lowry to a Regular City Council Meeting on Tuesday, November 14, 2023, at 6:00 p.m.
Gloria Olmos, Mayor