Agenda packet — South El Monte City Council, November 14, 2023 (part 4 of 4)

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time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise with Consultant. Consultant represents and warrants that the personnel used to provide services to the City pursuant to this Agreement are classified by Consultant as employees and that Consultant issues or will issue a W-2 to such personnel.

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

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE AND INDEMNIFICATION

5.1 Insurance Coverages.

Without limiting Consultant’s indemnification of City, and prior to commencement of any services under this Agreement, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City.
(a) General liability insurance. Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

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(b) Automobile liability insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Professional liability (errors & omissions) insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (d) Workers’ compensation insurance. Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor.

All coverages for subcontractors shall include all of the requirements stated herein. (f) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.

5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(b) Duration of coverage. Consultant shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, its agents, representatives, employees or subconsultants.
(c) Primary/noncontributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

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(d) City’s rights of enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (e) Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or that is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (g) Enforcement of contract provisions (non-estoppel). Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of noncompliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or limits contained in this section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant.

Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
(i) Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (j) Additional insured status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.
(k) Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.

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(l) Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (m) Pass through clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. (n) Agency’s right to revise specifications. The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (q) Additional insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

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

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Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
Consultant will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom;
In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

Consultant shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultant and shall survive termination or expiration of this Agreement.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Consultant shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of three (3) years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest. Notwithstanding the above, the Consultant shall fully cooperate with the City in

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providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom. Moreover, Consultant with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response

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to interrogatories or other information concerning the work performed under this Agreement.

Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under.

City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant.

However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California.

7.2 Disputes; Default.

In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default.

This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Consultant is in default, the City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.

7.3 Retention of Funds.

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Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.

7.4 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. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.

Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.5 Rights and Remedies are Cumulative.

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

7.6 Legal Action.

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

7.7 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of $_________

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(___________________________ Dollars) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit “D”). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages. Pursuant to Government Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the project when such delay was caused by the failure of the public agency or owner of the utility to provide for removal or relocation of utility facilities.

7.8 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

7.9 Termination for Default of Consultant.

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

7.10 Attorneys’ Fees.

If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs

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the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

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

8.2 Conflict of Interest.

Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which affects her/his financial interest or the financial interest of any corporation, partnership or association in which (s)he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other protected class.

8.4 Unauthorized Aliens.

Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens,

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Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of South El Monte, 1415 Santa Anita Avenue, South El Monte, California 91733 and in the case of the Consultant, to the person(s) at the address designated on the execution page of this Agreement.

Either party may change its address by notifying the other party of the change of address in writing.

Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.

9.2 Interpretation.

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

9.3 Counterparts.

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

9.4 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.5 Severability.

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

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9.6 Warranty & Representation of Non-Collusion.

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

Consultant further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Consultant’s Authorized Initials _______

9.7 Corporate Authority.

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

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

CITY:

CITY OF SOUTH EL MONTE, a municipal corporation
Gloria Olmos, Mayor
ATTEST:

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

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

Name:

Title:

By:

Name:

Title:

Address:

Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES SHALL BE

DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.

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01257.0001/867754.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
On __________, 2023 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

I. Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

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01257.0001/867754.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

II. Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

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01257.0001/867754.1 A-1
EXHIBIT “A”

SCOPE OF SERVICES
III. Consultant will perform the following Services:

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

V. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports:

VI. All work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City.

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

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01257.0001/867754.1 B-1
EXHIBIT “B”

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

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EXHIBIT “C”

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

RATE TIME SUB-BUDGET
A. __________ __________ __________ __________
B. __________ __________ __________ __________
C. __________ __________ __________ __________
D. __________ __________ __________ __________
II. A retention of ten percent (10%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services.

III. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.8.

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

A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate.

B. Line items for all materials and equipment properly charged to the Services.

C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.

D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services.

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

2.1 of this Agreement.

VI. The Consultant’s billing rates for all personnel are attached as Exhibit C-1.

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

DATE: November 14, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: John Poehler, Director of Public Works
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
23-106, AUTHORIZING THE SUBMISSION OF AN
APPLICATION TO THE CALRECYCLE SB 1383 LOCAL

ASSISTANCE GRANT PROGRAM
SUMMARY: Staff seeks authorization to apply for the CalRecycle SB 1383 Local Assistance Grant Program.

RECOMMENDED ACTION: Staff recommends City Council:

1. Adopt Resolution No. 23-106, authorizing submittal of the grant application to the CalRecycle SB 1383 Local Assistance Grant Program and related authorizations:
and

2. Authorize the City Manager or designee to execute all documents as the signature authority.

FISCAL/FINANCIAL IMPACT: There is no immediate fiscal impact associated with this action. Upon selection for the award, the San Gabriel Valley Council of Governments (SGVCOG) will receive $75,000 from the grant to serve as the City’s program partner, responsible for implementing and administering the program.

DISCUSSION: In September 2016, the passage of Senate Bill 1383 established statewide targets to reduce the disposal of organic waste from landfills and increase recovery of currently disposed edible food for human consumption. To recover 20 percent of edible food that would otherwise be sent to landfills by 2025, SB 1383 requires local jurisdictions to establish food recovery programs and strengthen their existing food recovery network.

City staff are working with the San Gabriel Valley Council of Governments (SGVCOG) to provide a regional approach for SB 1383 compliance. The Regional Food Recovery Program was established to help member agencies comply with SB 1383's food recovery mandates and reduce food waste in the San Gabriel Valley. Known as one of the largest

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regional food recovery programs in California, this program assesses commercial edible food waste generators, identifies, and fosters partnerships with local food recovery organizations, implements outreach and education endeavors, and develops and implements inspection protocols. The SGVCOG recently issued three grant awards to develop regional “food hubs” which will help recover and redistribute excess edible food to people experiencing food insecurity. 17 cities are currently participating in the Regional Food Recovery Program.

Given the difficulties in grant implementation, several participating cities and the SGVCOG advocate that the next SB 1383 Local Assistance grant lifts barriers around joint applications to allow cities to designate an administering body to provide regional solutions. CalRecycle recently released the guidelines and application for Round Two SB 1383 Local Assistance Grant Program. CalRecycle made several significant changes to the guidelines, many of which better support the Regional Food Recovery Program. Key changes are as follows:
• Joint Powers Authorities are now eligible to apply without all member agencies within that JPA participating in that application.
• Food Recovery Organizations (FROs) can now own equipment, which means the SGVCOG can award funds directly to the three Regional Food Recovery hubs and contract directly with them.

The City’s anticipated grant allocation is $75,000. The City, along with other participating cities, intends to join the SGVCOG’s regional application work with SGVCOG staff to craft the budget and narrative. Participating cities cannot submit separate applications upon joining the regional application. The application will include funding for the inspection and enforcement program, the hub development program to continue the recovery of excess edible food, and city-specific programs. Funding will also be included for SGVCOG staff and consultants to administer the program and provide technical assistance. Participating cities need to submit a Letter of Authorization allowing the SGVCOG to apply on their behalf.

Submitting a regional application for a regional program allows for simplified administration of the grant. The City will work with the SGVCOG to establish specific budget requests for the grant award. Cities may undertake their own activities and will receive a lump sum payment from the SGVCOG or invoice the SGVCOG for reimbursement. The initial grant application is due November 15, 2023, with Letters of Authorization to be submitted by December 20, 2023. Grants are anticipated to be awarded in March of 2024 with the grant term ending in April 2026.

In addition to the City of South El Monte, to date, the following 15 cities have expressed an interest in participating in the regional application:
• Arcadia
• Irwindale
• Azusa
• La Cañada
• Flintridge
• South Pasadena
• Baldwin Park

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• Monrovia
• Temple City
• Covina
• Monterey Park
• Walnut
• Duarte
• San Marino
• Glendora
• Sierra Madre
Staff report was prepared by Andrés González, Senior Public Works Analyst.

ATTACHMENT(S):

A. Resolution 23-106

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ATTACHMENT A
RESOLUTION NO. 23-106

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL

AUTHORIZING THE SUBMISSION OF AN APPLICATION TO
THE CALRECYCLE SB 1383 LOCAL ASSISTANCE GRANT

PROGRAM
WHEREAS, the City of South El Monte wishes to partner with the San Gabriel Valley Council of Governments (“SGVCOG”) to participate in the San Gabriel Valley Regional Food Recovery Program expansion to establish subregional food recovery hubs, increase the region’s food recovery capacity and infrastructure, and to continue to conduct outreach efforts to edible food waste generators, food recovery organizations, and residents about SB 1383 regulations; and
WHEREAS, the Department of Resources Recycling and Recovery (CalRecycle) established SB 1383 Local Assistance Grant Program to provide aid in the implementation of regulations adopted by CalRecycle pursuant to Chapter 395, Statutes of 2016 and SB170 Budget Act of 2021. The non-competitive grant program provides funding to local jurisdictions to assist with the implementation of regulation requirements associated with SB 1383, including but not limited to: capacity planning, collection, edible food recovery, education and outreach (includes organic waste & edible food recovery), enforcement and inspection, program evaluation/gap analysis, procurement requirements and record keeping; and WHEREAS, eligible applicants include cities, counties, city and counties, regional or joint power authorities, and special districts that provide solid waste collection services; and WHEREAS, CalReycle is currently accepting applications from Joint Powers Authorities, with an application deadline of November 15, 2023; and
WHEREAS, SB 1383 Local Assistance Grant Program guidelines require that the City Council take action authorizing the City to apply for the Program; and WHEREAS, the City wishes to partner with SGVCOG to participate in one of the largest regional food recovery programs in California; and
WHEREAS, the proposed application would provide the City with a program that assesses commercial edible food waste generators, identifies, and fosters partnerships with local food recovery organizations, implements outreach and education endeavors, and develops and implements inspection protocols: and

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

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

SECTION 2. The City Council hereby authorizes and directs staff to proceed with CalRecycle’ SB 1383 Local Assistance Grant Program application process to receive funds as a recipient.

SECTION 3. The City Council hereby authorizes and directs the City Manager to execute the Agreement for CalRecycle’ SB 1383 Local Assistance Grant Program in a form approved by the City Attorney.

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

PASSED, APPROVED and ADOPTED this 14th day of November 2023. _____________________________
Gloria Olmos, Mayor
ATTEST:
_____________________________
Donna G. Schwartz, City Clerk

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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF SOUTH EL MONTE )
I, Donna G. Schwartz, City Clerk of the City of South El Monte, do hereby certify that the foregoing Resolution, being Resolution No. 23-106 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 14th day of November 2023, and that said Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Donna G. Schwartz, City Clerk

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

DATE: November 14, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Guillermo Arreola, Director of Community Development SUBJECT: CITY COUNCIL APPEAL OF PLANNING COMMISSION'S
ACTION ADOPTING PC RESOLUTION NO. 23-04
APPROVING CONDITIONAL USE PERMIT NO. 23-03 FOR A

SPECIAL EVENT FACILITY (RUSTIC & CHIC) LOCATED AT
1703 FLORADALE AVENUE
SUMMARY: Councilmember's appeal to the Planning Commission decision to adopt Resolution No. 23-04, which approved Conditional Use Permit No. 23-03 for a special event facility (Rustic & Chic) located at 1703 Floradale Avenue in the Manufacturing (M) zone.

RECOMMENDED ACTION: Staff recommends the City Council:

1. Conduct a public hearing for the appeal; and

2. Take public testimony; and

3. Discuss the matter after receiving public testimony and decide whether or not to agree with or overturn the decision by the Planning Commission to grant the CUP. Options available to the City Council under municipal code section 17.74.070 include to affirm, reverse or modify the Planning Commission’s decision; remand the matter to the commission; or continue the matter.

FISCAL/FINANCIAL IMPACT: There is no fiscal impact anticipated from this appeal as the applicant has already paid for the permit.

DISCUSSION: On September 19, 2023, the Planning Commission held a public hearing to consider Conditional Use Permit No. 23-03, which would allow for a special event (banquet) facility in conjunction with an existing party rental business on property located at 1703 Floradale Avenue. The Commission recommended that the public hearing be continued to the October 17, 2023 Commission meeting to allow staff to follow up with the following agencies:
• City of Commerce
• City of Bell Gardens

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• Department of Alcoholic Beverage Control (ABC)
On October 17, 2023, the Planning Commission resumed the public hearing, whereby staff updated the Commission on the items listed above. The Planning Commission, after closing the public hearing, adopted Resolution No. 23-04, approving Conditional Use Permit No. 23-03.

On October 24th, at the request of Councilmember Delgado, CUP No. 23-03 was brought before the City Council for discussion. Discussion ensued regarding the business operations, the status of fines, an explanation of each citation, as well as clarification of the issue dates of each violation. The Council was informed that, per South El Monte Municipal Code Section 17.74.050 - Appeals -- Council Review, any two members of the City Council may call any decision of the commission for review by the city council by filing a written review request with the city clerk no later than ten calendar days after the effective date of the decision. On October 26, 2023, two city councilmembers submitted an appeal of the Planning Commission's decision.

Staff has been working closely with the applicant and informing them of the City Council appeal of their project. Staff met with the applicants and went over each of the conditions of approval. As such, the applicant submitted the required notarized affidavit agreeing to all of the conditions of approval. Staff also informed the applicant of the need to submit a signed parking agreement with the school district in order for the resolution to be effective.

The applicant indicated that the agreement will be signed should the conditional use permit be approved. The applicant has already submitted LEAD certificates for all of their employees, as required by the adopted resolution. Rustic & Chic will also require the security company to submit LEAD certificates for all security guards working any Rustic & Chic event. Also, the applicant began the business license process for the special event portion of their business, and on November 6, 2023, Planning staff approved the business license.

On November 6, 2023, the applicant paid Citation No. 2996 in full. The total amount paid, including processing fee, was $4,691.25.

ATTACHMENT(S):

A. PC Reso 23-04
B. PC Staff Report dated 9-19-23
C. PC Staff Report dated 10-17-23
D. SEM Muni Code Title 17, Ch 17.74, Sect. 17.74.050
E. Appeal Letter from Councilmembers
F. Letters of Support submitted for the 10-17-23 PC Meeting

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ATTACHMENT A

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01257.0005/922823.1
f
Planning Commission
Agenda Report
DATE: September 19, 2023
TO: Honorable Chairman and Members of the Planning Commission PREPARED BY: Guillermo Arreola, Director of Community Development SUBJECT: Consideration of Resolution No. 23-03 approving a Conditional Use Permit (CUP) (No. 23-03) to allow for a special event (banquet) facility (“Rustic & Chic”).

PUBLIC NOTICE: Notice was posted on September 7, 2023 for Public Hearing before the Planning Commission.

ENVIRONMENTAL
REVIEW: This project is exempt from environmental review pursuant to the guidelines of the California Environmental Quality Act (Public Resources Code, § 21080, subd. (b)(9); Administrative Code, Title 14, Chapter 3, § 15332, Class 32, In-Fill). This section specifically applies to small projects that are consistent with General Plan policies, zoning, occurs within the City limits on a site of no more than 5 acres, the site has no value as a habitat for endangered or rare species, would not result in any significant impacts relating to noise, traffic, water or air quality, and can be adequately served by all required utilities and pubic services.

PROJECT
LOCATION: Address: 1703 Floradale Avenue
Project Applicant: Jazmin Mora
Property Owner: John Lee
Zone: Manufacturing (M)
Lot Size: 19,300 sq. ft.

SURROUNDING ZONING AND LAND USE:

Zone General Plan Land Use
North Manufacturing (M) Industrial Plumbing Supply
South Manufacturing (M) Industrial Industrial
East Manufacturing (M) Industrial Food Processing
West Public-Facilities (P-F) Public Facilities Church/School BACKGROUND: The applicant, Jazmin Mora (“Applicant”), is applying to open a special event facility (“Project”) at 1703 Floradale Avenue, South El Monte, California 91733 (“Property”). The Property consists of one parcel having an area of approximately 19,300 square Agenda
Item No.
7a

ATTACHMENT B

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01257.0005/922823.1 2
feet and one existing 8,640 square foot warehouse building. The property is located at the end of the Floradale Avenue Cul-de-Sac, south of Thienes Avenue and zoned Manufacturing (M). The building is made up a combination of storage, offices, and restrooms.

The site is currently licensed for a party supply business (Rustic Rentals, LLC.), however, the City received reports that the business was operating as a special event facility (Rustic & Chic) during the weekends, without having obtained City approval. They were notified to stop all activities associated with the special event operation.

Since special event facilities are not specifically permitted or prohibited, such use requires a conditional use permit, so long as they are determined to be compatible with the permitted uses in the manufacturing zone. According to the applicant, the property will operate as a party supply rental business during the week, and an event center on the weekends.

Staff has received reports that the applicant has been conducting events at this site, without approval of a conditional use permit, which is before you for your review. The City’s Code Enforcement Division as well as Planning Staff, informed the applicant that they could not continue the use until the applied for, and received approval of a conditional use permit. Staff recently received a information that the site held a private event on Saturday, September 2, 2023.

In addition, the company’s website indicates that the site is available for rental purposes.

RECOMMENDATION: Staff RECOMMENDS that the Planning Commission adopt Resolution No. 23-03 approving CUP (No. 23-03).

ANALYSIS:

General Plan/Zoning Consistency
The Property is designated as “Industrial” in the City of South El Monte’s (“City”) General Plan and is zoned “M” (Manufacturing) in the City’s Zoning Code. The Project falls within the scope of the General Plan’s “Industrial” land use designation and is also a conditionally permitted use in the “M” Zone. When considering consistency with the General Plan, staff determined that the Project will help further the City’s goals and objectives found in the General Plan and satisfy all development requirements within the Zoning Code.

Land Use Element
Goal 1.0: Maintain a balanced mix and distribution of land uses throughout South El Monte by allowing for the establishment that does not currently existing in the area that can serve residents and businesses within the community.

Policy 1.4: Maintain a balanced mix and distribution of land uses throughout South El Monte and create opportunities for two types of commercial development: (1) commercial uses that meet the retail and service needs of the local resident and employee populations, and (2) regional-serving retail commercial businesses that capture revenues from a broader population base. This use will serve the area by providing an special event locale that can serve private parties for small to medium sized events in the City.

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01257.0005/922823.1 3
Economic Development Element
Goal 1.0: Continue to provide opportunities for a wide range of industries to operate in South El Monte by allowing the special event business which is uncommon for the area.

Conditional Use Permit
Chapter 18.18 of the South El Monte Municipal Code (SEMMC) lists are permitted uses allowed in the zone and there is no use similar to the proposed special event venue. Pursuant to section 17.18.050(L), “Conditional Use,” it states that any other use not specifically permitted or prohibited, which is determined to be compatible with the permitted uses of the manufacturing zone, may be allowed subject to a conditional use permit (CUP)
In order to grant a CUP, the Commission must make the following finding pursuant to SEMMC Section 17.68.040:

The commission shall find that the proposed use shall not be detrimental to persons or properties in the immediate vicinity nor to the city in general.

The parcels located north, south, and east of the Property are developed with industrial uses. The property to the west is developed with a church and school (Epiphany Catholic Church and Epiphany Catholic School). The school property is improved with a perimeter wall along the north property line, which prohibits vehicular and pedestrian access. In addition, the special event facility’s hours of operation (listed below) do not conflict with the school’s hours of operation.

The business will be required to comply with Chapter 8.20 – Noise Regulations.

Proposed Project
The site currently has a business license as a party rental business. However, as stated before, it has since been used for special events during the weekends. The special event business, Rustic & Chic is a venue to host special occasions, such as weddings, corporate events, bridal showers, anniversaries, birthdays, etc. There will be a maximum number of five employees (and five valet employees) during the largest shift.

There is no expansion proposed to the existing building. The front portion of the building will remain offices and restrooms, with two smaller storage rooms to remain. The remaining 5,300 square feet of warehouse area will used for assembly purposes. The site is improved with 11 parking spaces, with the current use requiring a total of 9 parking spaces. Based on a maximum occupancy of 354 persons, the proposed special event facility would require a total of 118 total parking spaces, however, the applicant has indicated that the maximum number of people allowed at any event will not exceed 120 persons, which would thus required 40 parking spaces. Parking will be provided off-site at Monte Vista Elementary School using a valet service. The maximum capacity of 120 person at any one event has been added as condition of approval. The applicant has entered into an agreement with Monte Vista Elementary School for the use of one of their parking lots. The on-site parking spaces will not be available during special events. While not immediately adjacent to any residentially zoned or developed properties, there are residential properterties located approximately 120 feet away (south east from the property) along Cogswell Road. Due to the proximity of these homes, staff has added a condition of approval that prohibits the rear parking lot for any outdoor events. In addition, all doors, including overhead doors, must

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01257.0005/922823.1 4
remain closed during these special events. Vehicular guest access to the rear portion of the lot will be prohibited. However, a gate will be available for pedestrian access.

The building will include some interior and exterior improvements. The building presently has two restrooms. The applicant proposes to increase the number of restrooms to six. In addition, there are two roll-up doors along the south and west elevations. These roll-up doors will be replaced with glass storefronts, with sidelights and double doors along the south elevation, and a single glass door and window along the west elevation. The applicant will be required to apply for, and obtain all necessary building permits, prior to the use of this site as a special event center.

Hours of Operation
The site will include the operations of a party rental business during the week, and a special event facility on the weekends. The existing hours of operation of the party rental equipment business will not overlap with the special event facility.

The operation of the party rental business are as follows:
• Monday – Friday: 8:00 a.m. – 5:00 p.m.

The proposed hours of operation for the Special Event business are as follows:
• Friday: 6:00 p.m. – 12:00 a.m.
• Saturday and Sunday: 4:00 p.m. to 12:00 a.m.

The hours of operation of the special event facility have been added to the attached Resolution as conditions of approval.

Parking and Valet service
As stated previously, the party rental business requires a total of nine parking spaces, however, eleven parking spaces are provided. This is the parking requirement for the site between Monday through Friday, 8:00 am through 5:00 p.m. The proposed special event facility will operate Friday through Sunday and will require a total of 118 parking spaces based on an occupant load of 354 persons. However, the applicant has indicated that the maximum number of attendees at any one event will not exceed 120 persons. Based on this limitation, the number of parking spaces will easily be accommodated at the off-site parking facility which will be located approximately a quarter mile from the site at Monte Vista Elementary School.

Valet service will be provided by Black Diamond Valet, and will provide valet services will operate as follows:

A temporary valet booth will be situated at the front of the main entrance of the site, and Black Diamond employees will take the cars to the off-site parking at Monte Vista Elementary. There will be five attendants for valet parking operations, one at the valet booth, three runners, and one shuttling the parking attendants. This parking lot, which is gated, will be accessed only by Black Diamond Valet, and no other person or vehicle will enter or exit the parking lot without direction and supervision from Black Diamond Valet. A condition of approval requires that a security guard be posted at the off-site parking during all special events. All Black Diamond Valet personnel will be required to have satisfactory driving records, and will also carry all necessary insurance

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01257.0005/922823.1 5
certificates naming the venue as additional insured. In addition, all drivers will be required to strictly follow the speed limits and the applicable City’s noise ordinance. At the end of each event, the temporary valet booth will be removed and stored, hidden from public view.

The CUP is contingent upon a parking agreement in good standing. Should the parking agreement between the school and Rustic & Chic ever be revoked, the CUP may be revoked, unless a similar parking agreement is obtained and a new CUP approved from the City’s Planning Commission.

Security
The applicant has contracted Superior Protection Services CA, Inc. to provide three (3) security guards. During weekend events, Rustic & Chic will provide two on-site security guards, one on foot to patrol the outside of the venue, including the venue’s parking lot, and one inside the venue.

In addition, there will be one security guard at the off-site parking lot during all special events.

In addition, per the Sheriff’s Department’s recommendation, the applicant will be required to provide security at the off-site parking location at Monte Vista Elementary School. A condition of approval has been added to this effect. Staff has also added a condition of approval that allows the Sheriff’s Department to amend or supplement their initial assessment should there be subsequent reviews of the proposed project.

Alcohol Service
The applicant has indicated that there will be no alcohol sold or served on the premises. However, the company’s website indicates that “access to bar table top only, one cooler (drinks and staff not included), which means that persons attending the event can bring their own alcoholic beverages.

Staff contacted the Department of Alcoholic Beverage Control (ABC) regarding this type of use, and according to ABC, Section 23399.1 of the Business and Profession’s Code states the following:

No license or permit shall be required for the serving and otherwise disposing of alcoholic beverages where all of the following conditions prevail:
• That there is no sale of an alcoholic beverage.
• That the premises are not open to the general public during the time alcoholic beverages are served, consumed or otherwise disposed of (private events only). • That the premises are not maintained for the purpose of keeping, serving, consuming or otherwise disposing of alcoholic beverages (storage of alcoholic beverages is prohibited).

As such, staff has added a condition of approval that limits the events at this facility as private events, prohibits the sale, storage, and service of any alcoholic beverages. The business’ website shall reflect the adopted conditions of approval, and shall reflect the maximum number of attendees, hours of operation, and that the business does not sell, store, or serve alcoholic beverages.

Sheriff’s Department
The Sheriff's Department reviewed the proposed conditional use permit application. The Sheriff’s Department has some safety concerns about the possibility of street exhibitions at the street culPage 473 of 574 01257.0005/922823.1 6
de-sac, as there is evidence of such activities from aerial photographs. In addition, the limited point of entry would also impact any emergency responses, since there is only one entry point to access the project site. As such, staff has added a condition approval that requires the applicant to submit a security plan for review and approval by the Sheriff’s Department that addresss issues including but not limited to street exhibitions, vandalism and burglaries. The Sheriff's Department also recommends incorporating in the CUP a requirment that the applicant comply with the general principles of Crime Prevention through Environmental Design (CPTED) . The goal of CPTED is to reduce opportunities for criminal activities by employing physical design features that discourage anti-social behavior, while encouraging the legitimate use of the site. The overall tenets of CPTED include defensible space, territoriality, surveillance, lighting, landscaping, and physical security.

As such, the required security plan shall incorporate the following:
• The installation of security cameras for a video monitoring system. Security cameras shall be required inside, as well as outside the building at each entry/exit point; • Exterior building security lights shall include motion sensors; • Appropriate gate hardware such as keypad/keycard access and automatic gate closers shall be implemented where feasible to limit unauthorized access, as well as for easy monitoring of the site;
• All roll-up doors shall remain closed during assembly events to avoid noise disturbance to surrounding neighbors;
• Outdoor events in the rear parking lot shall be prohibited. • Security guards shall be present during each event at the event facility and at the off-site parking area (Monte Vista Elementary School).

CORRESPONDENCE: On September 14, 2023, staff received correspondence opposed to the approval of the conditional use permit for a special event business at 1703 Floradale. The correspondence is attached as Attachment C.

CONCLUSION: Staff has reviewed the proposed Project and finds it meets the development standards with included conditions of approval to be consistent with the General Plan and Zoning Code. It is staff’s recommendation that Planning Commission adopt Resolution No. 23-03 approving the requested conditional use permit for a special event facility in conjunction with an existing party rental business.

ATTACHMENTS:

A – Resolution No. 23-03
B – Vicinity Maps/Aerials
C – Correspondence
D – Project Plans

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01257.0005/922824.1

PLANNING COMMISSION
RESOLUTION NO. 23-03

A RESOLUTION OF THE SOUTH EL MONTE PLANNING

COMMISSION APPROVING AN APPLICATION FOR

CONDITIONAL USE PERMIT FOR A SPECIAL EVENT

FACILITY IN CONJUNCTION WITH A PARTY RENTAL
BUSINESS AT 1703 FLORADALE AVENUE, OPERATING AS

RUSTIC & CHIC
WHEREAS, Jazmin Mora (“Applicant”), filed an application for a Conditional Use Permit (“CUP”) for a special event facility in conjunction with an existing party rental business (“Project” or “proposed Project”) located at 1703 Floradale Avenue, South El Monte, CA 91733 (“Property” or “project site”); and
WHEREAS, pursuant to South El Monte Municipal Code (“SEMMC”) Section

NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF SOUTH EL MONTE HEREBY FINDS AND RESOLVES AS FOLLOWS:

SECTION 1: Pursuant to Section 15301 (Class 1) of the California Environmental Quality Act (CEQA), the proposed Project is categorically exempt from environmental review and a Notice of Exemption has been prepared. The proposed Project qualifies for a Class 1 Categorical Exemption for the Project because the proposed Project is to be operated within existing facilities.

The criteria for a Class 1 Categorical Exemption is the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. The Planning Commission finds that the proposed Project meets this criteria and is exempt from the provisions of CEQA. The documents and other material, which constitute the record on which this decision is based, are located in the Department of Community Development and are in the custody of the Director of Community Development
SECTION 2: A record of the public hearing indicates the following:

A. With regard to the application for a CUP, SEMMC Section 17.68.040 requires that the Planning Commission find that the proposed use shall not be detrimental to persons or

ATTACHMENT A

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Resolution No. 23-03

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01257.0005/922824.1
properties in the immediate vicinity nor to the City in general. State law requires that the Project be compatible with surrounding uses.

B. The General Plan Land Use designation for the Property is “Industrial.” The Zoning Code designation is “M” (Manufacturing).

C. The proposed Project promotes the City’s goals and objectives stated in the General Plan. No goal or policy will be impaired with the conditions included in this resolution.

D. The special event facility should not become a nuisance to surrounding properties with the proposed conditions.

SECTION 3: Based on the record of the hearing, including all information presented at the hearing, including the Staff Report dated September 19, 2023 which is hereby incorporated into this Resolution 23-03 by reference, the Planning Commission hereby finds:

A. As conditioned, the Project represents a quality establishment that will be compatible with surrounding uses, the surrounding area, and the goals of the City. As a result, approving this application will not adversely affect the General Plan or the Zoning Ordinance.

B. Pursuant to SEMMC Section 17.68.040, the approval of the CUP will not be detrimental to persons or properties in the immediate vicinity or to the City in general, as conditioned. This is so because the conditions included will prevent the proposed Project from becoming a detriment through operational limits expressed in the Conditions of Approval.

C. The proposed Project, as conditioned, is consistent with the City’s General Plan.

The proposed Project is compatible with the objectives, policies, general land uses, economic development and programs specified in the General Plan which includes, but is not limited to, the following goals:

Land Use Element
(1) Goal 1.0: Maintain a balanced mix and distribution of land uses throughout South El Monte by allowing for the establishment of a use that does not currently exist in the area that can serve residents and businesses within the community; and
(2) Policy 1.4: Maintain a balanced mix and distribution of land uses throughout South El Monte” and “create opportunities for two types of commercial development: (1) commercial uses that meet the retail and service needs of the local resident and employee populations, and (2) regional-serving retail commercial businesses that capture revenues from a broader population base. This will serve the area by providing a special event facility that can serve private parties or businesses for small to medium sized events in the City; and

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Resolution No. 23-03

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01257.0005/922824.1
Economic Development Element
(3) Goal 1.0: Continue to provide opportunities for a wide range of industries to operate in South El Monte by allowing special event facility which is uncommon for the area.

SECTION 4: Based on the aforementioned findings, the Planning Commission hereby approves CUP (No 23-03) to operate special event facility subject to the following conditions:

General Conditions

1. The Applicant shall indemnify, defend and hold harmless the City, its officers, agents, employees, and volunteers from any and all claims, lawsuits or actions arising from the granting of, or the exercise of, the rights permitted by this approval, and from any and all claims or losses occurring or resulting to any person, firm, corporation or property for damage, injury, or death arising out of, or connected in anyway, with the performance of the use permitted hereby. The Applicant’s obligation to indemnify, defend, and hold harmless the City shall include, but not be limited to, paying all legal fees and costs incurred by legal counsel of the City’s choice in representing the City in connection with any such claims, losses, lawsuits or actions, and any award of damages or attorney’s fees in any such lawsuit or action.

2. The Applicant shall execute an Affidavit of Acceptance of these conditions in the presence of a Notary Public and return the Affidavit to the Director of Community Development within ten calendar days of the date of the Planning Commission’s approval.

3. The approval shall lapse and become void if the privilege authorized is not within two years from the date of this approval.

4. Applicant and its employees, agents and contractors shall comply with all laws, policies, rules and regulations including but not limited to the Municipal Code provisions.

Planning Conditions

5. The hours of operation shall be as follows:

The operation of the party rental business are as follows:
• Monday – Friday: 8:00 a.m. – 5:00 p.m.

The proposed hours of operation for the Special Event business are as follows:
• Friday: 6:00 p.m. – 12:00 a.m.
• Saturday and Sunday: 4:00 p.m. to 12:00 a.m.

6. Any graffiti painted or marked upon the Property or on any adjacent area under the control of the Applicant shall be removed or painted over within 24 hours of discovery or within 24 hours of notice from the City and shall be removed or painted over in compliance with all SEMMC requirements.

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Resolution No. 23-03

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01257.0005/922824.1

7. The Property shall be maintained in a safe and clean condition and the Applicant shall ensure that no trash or litter originating from the site is deposited on neighboring properties or the public right-of-way. At the end of each business day, the Applicant shall pick up any and all litter including but not limited to large discarded items that may have collected in the Property’s parking area and public right-of-way.

8. The Applicant shall not permit any loitering including any loitering on any property adjacent to the Property under control of the Applicant.

9. Noise associated with the special event business shall not negatively impact the surrounding properties, including those residential properties located on Cogswell Road.

The use shall comply with SEMMC Chapter 8.20.

10. The Applicant and all operators shall each take all necessary steps to ensure the orderly conduct of employees, patrons, and visitors when they are present on the Property.

11. The Applicant shall maintain all required permits and licenses in good standing.

12. This CUP limits the use of the facility to private events, and shall comply with the following:
• That there is no sale of an alcoholic beverage.
• That the premises are not open to the general public during the time alcoholic beverages are served, consumed or otherwise disposed of (private events only). • That the premises are not maintained for the purpose of keeping, serving, consuming or otherwise disposing of alcoholic beverages (storage of alcoholic beverages is prohibited).

5. The maximum number of people at the Property shall not exceed 120 attendees.

6. The maximum occupancy of the premise is 384 shall be prominently posted and monitored at all times. The maximum number of attendees at each event shall not exceed 120.

7. The front of the exterior of the premises, as well as all parking areas under control of the Applicant, shall be illuminated at all times while the premises is open for business. This shall be done in such a manner that persons standing outdoors at night are identifiable by law enforcement personnel while balancing the lighting so as not to unreasonably spill into and illuminate the window area of nearby properties.

8. All crimes occurring inside or outside of the location shall be reported to the Sherriff Department at the time of the occurrence.

9. At any time when the applicant licensee is absent from the premises, a responsible party shall be designated who can facilitate any Sherriff Department inquiries.

27. A copy of this approved resolution shall be kept on the premises at all times and presented to any Sheriff, or Business License or Planning Staff person.

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Resolution No. 23-03

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01257.0005/922824.1

28. The business’ website shall reflect the adopted conditions of approval, and shall reflect the maximum number of attendees, hours of operation, and that the business does not sell, store, or serve alcoholic beverages.

29. The Applicant understands that any violation of these conditions or any operation that constitutes a nuisance shall be grounds for the suspension or revocation of the Conditional Use Permit.

30. There shall be no exterior speakers and no live entertainment outside the building (including the parking lot) unless a Temporary Use Permit (TUP) is obtained from the City.

31. The temporary valet booth shall be removed and stored, hidden from public view, at the conclusion of each event.

32. The City shall review the conditions of the premises and business operations approved herein in approximately six months from the date of the City’s approval.

33. The parking agreement must be maintained, and any change to the parking agreement shall be brought before the Director of Community Development for approval before execution.

34. The valet service (Black Diamond Valet) shall:
• Carry all necessary insurance certificates;
• All drivers shall have satisfactory driving records;
• Comply with all traffic safety laws;
• Comply with the City’s noise ordinance.
• Limit access to the off-site parking area to Black Diamond Valet personnel only and security personnel associated with Rustic & Chic.
• There will be five attendants for valet parking operations at each event, one attendant at the valet booth, three runners, and one shuttling the parking attendants.

Sheriff Department Conditions

35. The applicant shall be required to submit a security plan to the Sheriff’s Department for review and approval, and shall contain the following:
• The installation of security cameras for a video monitoring system. Security cameras shall be required inside, as well as outside the building at each entry/exit point.Security cameras shall be in constant working order and directed towards ingress/egress points of the business. Recordings shall be retained for 60 days and allow to be reviewed by the Sheriff’s Department.
• Security lighting shall be installed, include motion sensors, and shielded to avoid light spillage onto adjacent properties.

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Resolution No. 23-03

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01257.0005/922824.1
• Appropriate gate hardware such as keypad/keycard access and automatic gate closers shall be implemented where feasible to limit unauthorized access as well as for easy monitoring of the site;
• Security guards shall be present during each event at the event facility and at the offsite parking area (Monte Vista Elementary School). • The special event business shall include a minimum of three security guards, one along the exterior of the, one within the venue, and one at the off-site parking area as requried in this CUP.

36. Allow access to Sheriff’s Department to the Property, building, and parking lot at all times including when business operaton are ocurring inlcuding special event activities. .

37. The Sheriff’s Department shall be allowed to modify the security plan should there be any future issues on site with notice to the permitee.

SECTION 5: Any interested party may appeal this decision to the City Council pursuant to SEMMC Section 17.74.050.

ADOPTED this 19th day of September, 2023.
_______________________________________
Chairman
ATTEST:
________________________________
Secretary

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES ) SS

CITY OF SOUTH EL MONTE )
I, Renee Reyes, Secretary to the Planning Commission of the City of South El Monte, do hereby certify that the foregoing Resolution, being Resolution No. 23-03 was duly passed and adopted by the Planning Commission of the City of South El Monte at a regular meeting of said Commission held on the 19th day of September 2023.

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Secretary

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ATTACHMENT B

MAPS/AERIAL
Vicinity Map

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Aerial - Subject Site
Zoning
Subject
Site

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Guillermo Arreola
From:

Sent:

To:

Cc:

Subject:

Importance:

ATTACHMENTC
Katie Owen •••••••••••
Thursday, September 14, 2023 2:37 PM
Guillermo Arreola
FW: Conditional Use Permit No. 23-03
High
CAUTION: This email originated from out side of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Good afternoon Mr. Arreola -
Thank you for your email. On behalf of Mike Owen I am responding to the Conditional Use Permit 20-03.

After thought and consideration, collectively we are opposed to the requested Conditional Use Permit No. 20-

03. As you're aware this proposed area of use is an industrial area and is not an appropriate place for this sort of event. Additionally, hosting an event with 120 guests poses a significant issue with parking which is already extremely problematic. We are very concerned with the exposure to break-ins, theft, property damage, graffiti etc. in general but even more so with the proposed event times specifically on the weekends. Finally, our tenants do not have traditional Monday- Friday 8am to Spm hours, rather several tenants hours of operation are nights and/or weekends.

The safety and security of our properties and tenants is of the utmost importance and this type of event compromises both significantly.

This is not just the position of 1702 Floradale, it is the shared stance of Jack Owen at Jenkins Industrial Properties, whom manages multiple other buildings on this street.

As property owners in this area, I trust this email and our position of the proposed Conditional Use Permit is respected.

Kindly,
Katie Owen
P.O. Box 1117
San Clemente, CA 92674
1

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STORAGE
OFFICE
BATH
BATH
BATH

OFFICE STORAGE
Electric
meter
location
269.81' 80.05'
107.04'
5'
R=55'
R=150'
218.67'

60.00'
1703 Floradele Ave. South El Monte, CA 91733

00.00.00 The Rustic & Chic Co. Mr. and Mrs. Mendez prepared for:

TSTitle Sheet & Existing Site Plan

00.00.00 2271 Lake Avenue _No. 6011 Altadena, CA 91001 t: 818.795.6025 c: 818.370.4841 www.parcarchitecture.com B-693901 C-26861 The Rustic & Chic
1703 F l o r a d a l e A v e n u e S o u t h E l M o n t e, C A 9 1 7 8 0 AIN No : 8114-025-021
EXISTING SITE PLAN Scale: 1/8"=1'
Building Summary:

Lot size: 19,300 SF (Per Assessors Map)
Building Area: 8,640 SF (Per Assessors website)
Lot Coverage: 45% Existing - No changes proposed
Current zone: M (Manufacturing)
Construction Type: Type-1 (Non-sprinklered)
Landscaping:

Existing: 396 SF
Proposed: 520 SF
Area Analysis:

Office areas: 785 SF/300 SF per person. Gross= 3 Occupants Assembly area: 5,300 SF/ 15 SF per person - Net= 354 Occupants Warehouse area: 1,300 SF/500 SF per person - Gross= 3 Occupants Parking Analysis:

Office areas: 1 parking per 300 SF = 3 parking spaces
Assembly areas: 1 parking per 3 occupants = 354/3 = 118 parking spaces Warehouse: 1 parking per 1,000 SF = 2 parking spaces
Total Parking Required:

During Business Hours
Parking provided: 11parking spaces. Including 1 van accessible parking space.

During Event Hours
Parking provided: 118 parking spaces provided off site.

CUP Submittal
SHEET INDEX:

TS TITLE SHEET/ EXISTING SITE PLAN
A-0.0 PROPOSED SITE PLANS MONDAY - FRIDAY
A-0.1 PROPOSED SITE PLANS FRIDAY - SUNDAY
A-0.2 EXISTING & PROPOSED FLOOR PLAN
A-0.3 EXISTING & PROPOSED ELEVATIONS
A-0.4 FRAMING DETAILS
A-0.5.1-.3 ACCESSIBILITY
GN-1 GENERAL NOTES

PARCEL MAP
April 5, 2023

ATTACHMENT D

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re
visio
n
s Design, Development, Oversight, Consultation, Due Diligence B-693901 C-26861 PLA
N

NERS ARCHITECTS REALTORS CO

NSTRUCTORS
INC. ALL IDEAS, DESIG

NS, ARRA
N

GEMENTS, A
ND PLA

NS INDICATED OR REPRESENTED

BY THIS DRAWIN
G
ARE O
W

NED BY, A
ND THE PROPERTY OF P.A.R.C., INC. A

ND WERE CREATED, EV

OLVED, A

ND DEVELOPED FOR USE O
N, A

ND IN CO
N
NECTIO
N
WITH THE SPECIFIC PROJECT. N
O

NE OF SUCH IDEAS, DESIG

NS, ARRA
N

GEMENTS, OR PLA

NS SHALL BE USED OR DISCLOSED TO
A

NY OTHER PERSO

N, FIRM, OR CORPORATIO

N FOR A
NY

LIVING AREA
FLORADALE AVE.
107.04'
6 feet hi CMU fence wall
12' W x 11'-6" H overhead door 16'-8" W x 10'-8" H overhead door Existing gate to remain
Proposed accessible
ramp
8 7
6 4
5 3
2 1
1 1
1 0
9 Va
n
A
c
c
e
s
sible

LIVING AREA
10' X 12' Trash
Container
Enclosure
Access aisle
Setback

STORAGE
OFFICE
BATH
BATH
BATH

OFFICE STORAGE
New landscaping
N
e
w land
s
c
a
ping
Existing
landscaping to
remain
Electric
meter
location
269.81'
8 0.0
5'
107.04'
5'
R=55'
R=150'
218.67'

60.00'
F.F. +32"
12' W
x 11'-6" H
o
v
erhe
a
d
d
o
or
5 9-6"
5 9-6"
142'-5"
142'-5"
5 9-6"
Existing
landscaping to
remain
E
xisting
land
s
c
a
ping to
re
m
ain
17 0
3 Flo
r
a
d
ele
A
v
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t
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El M
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A
917
3 3

00.00.00 T
h
e
R
u
s
tic
&
C
hic
C
o. M
r. a
n
d
M
r
s. M
e
n
d
e
z
pre
p
are
d for:

00.00.00 2271 Lake Avenue _No. 6011 Altadena, CA 91001
t: 818.795.6025 c: 818.370.4841 www.parcarchitecture.com B-693901 C-26861 A-0.0
P
r
o
p
o
s
e
d
Sit
e
Pla
n
M
o
n
d
a
y
-
F
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a
y
P
a
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kin
g
L
a
y
o
u
t
PROPOSED PARKING LAY-OUT DURING BUSINESS HOURS 9AM-5PM, MONDAY THROUGH FRIDAY Building Summary:

Existing: 396 SF
Proposed: 520 SF
Area Analysis:

Office areas: 785 SF/300 SF per person. Gross= 3 Occupants Warehouse area: 6,600 SF/500 SF per person - Gross= 13 Occupants Parking Analysis:

Office areas: 1 parking per 300 SF = 3 parking spaces
Warehouse: 1 parking per 1,000 SF = 8 parking spaces
Total Parking Required:

During Business Hours
Parking provided: 11parking spaces. Including 1 van accessible parking space.

CUP Submittal
April 5, 2023

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re
visio
n
s Design, Development, Oversight, Consultation, Due Diligence B-693901 C-26861 PLA
N

NERS ARCHITECTS REALTORS CO

NSTRUCTORS
INC. ALL IDEAS, DESIG

NS, ARRA
N

GEMENTS, A
ND PLA

NS INDICATED OR REPRESENTED

BY THIS DRAWIN
G
ARE O
W

NED BY, A
ND THE PROPERTY OF P.A.R.C., INC. A

ND WERE CREATED, EV

OLVED, A

ND DEVELOPED FOR USE O
N, A

ND IN CO
N
NECTIO
N
WITH THE SPECIFIC PROJECT. N
O

NE OF SUCH IDEAS, DESIG

NS, ARRA
N

GEMENTS, OR PLA

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A

NY OTHER PERSO

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PURPOSE WHATSOEVER WITHOUT WRITTEN PERMISSIO
N
OF P.A.R.C., INC. OR THE ARCHITECT OF RECORD. 2568 Saint Andrews Drive Glendale, CA 91206 t 818.795.6025 f 818.548.7837 w
w
w.parcarchitecture.com
s
h
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et d
e
s
criptio
n
proje
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ate
o
f
s
h
e
et
UP
UP
142'-5"
1'-6"
30'-0"
12'-5" approx.
2" 18'-6'
38'-6"
30'-0"
5 9'-6"
19'-3.5"
12' 9' 9' 9' 9' 9' 9' 10'
18'-2 1/4" 25' 18'-2 1/4"
9' 9' 9'
7'-9"
27'-5"
5'-0"
9'
3'-4"
19'
4'
11'-5" 7'-10"
15'-2"
5'-0" 19'-3"
7'-8"
8'
4' 5' 12' 4'
27'-4" X 18'-10"
FLORADALE AVE.
107.04'
Electric
meter
location
6 feet hi CMU fence wall
12' W x 11'-6" H overhead door 16'-8" W x 10'-8" H overhead door Existing gate to remain
Proposed accessible
ramp
8 7
6 4
5 3
2 1
1 1
1 0
9 Va
n
A
c
c
e
s
sible
10' X 12' Trash
Container
Enclosure
Access aisle
Existing warehouse to
remain
Proposed designated area
max. occupancy = 354
Setback

STORAGE

EXISTING STORAGE TO REMAIN

EXISTING OFFICES

TO REMAIN
BATH
BATH

EXISTING

BATHROOM

EXISTING

OFFICE TO
REMAIN

EXISTING

STORAGE TO
REMAIN

STORAGE

MEN RESTROOM
14'-7" X 11'-0"

WOMEN RESTROOM
14'-7" X 11'-0"
Install new aluminum frame storefront system and glazing within existing openings. Provide 6' wide x 7' feet height double door glass egress doors. 1 1
Note:
1 Existing
landscaping to
remain
New landscaping
N
e
w land
s
c
a
ping
269.81'
8 0.0
5'
107.04'
5'
R=55'
R=150'
218.67'

60.00'
F.F. +32"
12' W
x 11'-6" H
o
v
erhe
a
d
d
o
or
5 9-6"
5 9-6"
142'-5"
142'-5"
Existing
landscaped area
to remain
E
xisting
land
s
c
a
ping to
re
m
ain
17 0
3 Flo
r
a
d
ele
A
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o
u
t
h
El M
o
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t
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A
917
3 3

00.00.00 T
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R
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s
tic
&
C
hic
C
o. M
r. a
n
d
M
r
s. M
e
n
d
e
z
pre
p
are
d for:

00.00.00 2271 Lake Avenue _No. 6011 Altadena, CA 91001
t: 818.795.6025 c: 818.370.4841 www.parcarchitecture.com B-693901 C-26861
Monte Vista Elementary School
Parking Route (Distance: 1,875')
Valet Parking Drop- off/pick-up area
Valet Parking routing
A-0.1
P
r
o
p
o
s
e
d
Sit
e
Pla
n
F
rid
a
y
-
S
u
n
d
a
y
P
a
r
kin
g
L
a
y
o
u
t
PROPOSED PARKING LAY-OUT DURING EVENT HOURS 6PM-12AM, FRIDAY THROUGH SUNDAY 1 A-5.3
1 A-5.3
Building Summary:

Existing: 396 SF
Proposed: 520 SF
Area Analysis:

During Business Hours
Parking provided: 11parking spaces. Including 1 van accessible parking space. During Event Hours Parking provided: 118 parking spaces provided off site.

CUP Submittal
April 5, 2023

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revisions Design, Development, Oversight, Consultation, Due Diligence B-693901 C-26861 PLANNERS ARCHITECTS REALTORS CONSTRUCTORS INC. ALL IDEAS, DESIGNS, ARRANGEMENTS, AND PLANS INDICATED OR REPRESENTED BY THIS DRAWING ARE OWNED BY, AND THE PROPERTY OF P.A.R.C., INC. AND WERE CREATED, EVOLVED, AND DEVELOPED FOR USE ON, AND IN CONNECTION WITH THE SPECIFIC PROJECT. NONE OF SUCH IDEAS, DESIGNS, ARRANGEMENTS, OR PLANS SHALL BE USED OR DISCLOSED TO ANY OTHER PERSON, FIRM, OR CORPORATION FOR ANY PURPOSE WHATSOEVER WITHOUT WRITTEN PERMISSION OF P.A.R.C., INC. OR THE ARCHITECT OF RECORD. 2568 Saint Andrews Drive Glendale, CA 91206 t 818.795.6025 f 818.548.7837 www.parcarchitecture.com sheet description project date of sheet 59'-6" 59'-6" 142'-5" 8438 SQ FT LIVING AREA Offices Storage Office Storage roomBathroom Warehouse 6,600 SF 34" W x 8' H door 12' W x 11'-6" H overhead door 16'-8" W x 10'-8" H overhead door 12' W x 11'-6" H overhead door Bathroom Bathroom UP UP 142'-5" 59'-6" 7'-9" 27'-5" 3'-4" 19' 4' 11'-5" 7'-10" 15'-2" 5'-0" 19'-3" 7'-8" 8' 4'-2 7/16" 5' 142'-5" 59'-6" 12' Electric meter location 12' W x 11'-6" H overhead door 16'-8" W x 10'-8" H overhead door 10' X 12' Trash Container Enclosure Access aisle Proposed designated area max. occupancy = 354 New landscaping New landscaping 1 1Note: 1 Install new aluminum frame storefront system and glazing within existing openings. Provide 3' wide x 7' feet height double door glass egress doors. STORAGE EXISTING STORAGE TO REMAIN EXISTING OFFICES TO REMAIN EXISTING BATHROOM EXISTING OFFICE TO REMAIN EXISTING STORAGE TO REMAIN MEN RESTROOM 14'-7" X 11'-0" WOMEN RESTROOM 14'-7" X 11'-0" 269.81' 80.051'2' W x 11'-6" H overhead door 1703 Floradele Ave. South El Monte, CA 91733 00.00.00 The Rustic & Chic Co. Mr. and Mrs. Mendez prepared for: 00.00.00 2271 Lake Avenue _No. 6011 Altadena, CA 91001 PROPOSED FLOOR PLAN SCALE: 1/8"=1' t: 818.795.6025 c: 818.370.4841 www.parcarchitecture.com B-693901 C-26861 A-0.2 Existing & Proposed Floor Plan 3 A-5.1 3 A-5.1 NEW WALL EXISTING WALL DEMO WALL NOTE: ALL NEW WALLS TO BE 2X4 STUDS @16" O.C. U.O.N. D A B C D A B C 1 A-2.2 1 A-2.2 EXISTING & PROPOSED FLOOR PLAN EXISTING FLOOR PLAN SCALE: 1/8"=1' 11,17,21,22,27 A-5.2 11,17,21,22,27 A-5.2 CUP Submittal April 5, 2023

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revisions Design, Development, Oversight, Consultation, Due Diligence B-693901 C-26861 PLANNERS ARCHITECTS REALTORS CONSTRUCTORS INC. ALL IDEAS, DESIGNS, ARRANGEMENTS, AND PLANS INDICATED OR REPRESENTED BY THIS DRAWING ARE OWNED BY, AND THE PROPERTY OF P.A.R.C., INC. AND WERE CREATED, EVOLVED, AND DEVELOPED FOR USE ON, AND IN CONNECTION WITH THE SPECIFIC PROJECT. NONE OF SUCH IDEAS, DESIGNS, ARRANGEMENTS, OR PLANS SHALL BE USED OR DISCLOSED TO ANY OTHER PERSON, FIRM, OR CORPORATION FOR ANY PURPOSE WHATSOEVER WITHOUT WRITTEN PERMISSION OF P.A.R.C., INC. OR THE ARCHITECT OF RECORD. 2568 Saint Andrews Drive Glendale, CA 91206 t 818.795.6025 f 818.548.7837 www.parcarchitecture.com sheet description project date of sheet 1703 Floradele Ave. South El Monte, CA 91733 00.00.00 The Rustic & Chic Co. Mr. and Mrs. Mendez prepared for: 00.00.00 2271 Lake Avenue _No. 6011 Altadena, CA 91001 EXISTING ELEVATIONS SCALE: 1/4"=1' PROPOSED FLOOR PLAN SCALE: 1/4"=1' t: 818.795.6025 c: 818.370.4841 www.parcarchitecture.com B-693901 C-26861 A-0.3 Existing & Proposed Elevations 4'-6" T.O. TOP PLATE FINISH FLOOR 9' 16'-0" -30" +/- FINISHED GRADE T.O. PARAPET 13'-0" AC BD 4'-6" T.O. TOP PLATE FINISH FLOOR 9' 16'-0" -30" +/- FINISHED GRADE T.O. PARAPET 13'-0" AC BD Proposed accessible ramp Proposed storefront with double doors 4'-6" T.O. TOP PLATE FINISH FLOOR 9' 16'-0" -30" +/- FINISHED GRADE T.O. PARAPET 13'-0" 4'-6" T.O. TOP PLATE FINISH FLOOR 9' 16'-0" -30" +/- FINISHED GRADE T.O. PARAPET 13'-0" 3 A-5.1 3 A-5.1 Proposed accessible ramp EXISTING & PROPOSED ELEVATIONS Proposed storefront with egress door 2 A-5.1 2 A-5.1 2 A-5.1 2 A-5.1 3 A-5.1 3 A-5.1 No changes to exterior facade 3 A-5.1 3 A-5.1 Proposed accessible ramp Trash Enclosure CUP Submittal April 5, 2023

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FE EXIT

FE FE FE

XX XX XX
XX XX XX RFI 023 ATTACHED
TO HARD COPY PLAN RELOCATE CURB RAMP & LANDING MATCH LINE SEE RIGHT Location of off-site parking lot at the
Monte Vista
Elementary School
Refer to detail
for parking layout
146'-0"
447'-0"
241'-0"
Total Traveling
Distance = 834'-0" 1703 Floradale
Route for
Valet Parking 1
-

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revisions Design, Development, Oversight, Consultation, Due Diligence B-693901 C-26861 PLANNERS ARCHITECTS REALTORS CONSTRUCTORS INC. ALL IDEAS, DESIGNS, ARRANGEMENTS, AND PLANS INDICATED OR REPRESENTED BY THIS DRAWING ARE OWNED BY, AND THE PROPERTY OF P.A.R.C., INC. AND WERE CREATED, EVOLVED, AND DEVELOPED FOR USE ON, AND IN CONNECTION WITH THE SPECIFIC PROJECT. NONE OF SUCH IDEAS, DESIGNS, ARRANGEMENTS, OR PLANS SHALL BE USED OR DISCLOSED TO ANY OTHER PERSON, FIRM, OR CORPORATION FOR ANY PURPOSE WHATSOEVER WITHOUT WRITTEN PERMISSION OF P.A.R.C., INC. OR THE ARCHITECT OF RECORD. 2568 Saint Andrews Drive Glendale, CA 91206 t 818.795.6025 f 818.548.7837 www.parcarchitecture.com sheet description project date of sheet 8' 18' 20'-01" 3'-0" 18' 23'-0" 8' 27'-9" 17'-9" 16'-8" 8' 8' 27'-2" 8' 8' 4'-3 1/16" 8' 13'-7" 18' 40'-7" 17'-9" 8'-11" 3'-11" 21'-7" 25 EQUAL VALET PARKING SPACES MIN 8'-0" WIDE 22 EQUAL VALET PARKING SPACES MIN 8'-0" WIDE 15 EQUAL VALET PARKING SPACES MIN 8'-0" WIDE 12 EQUAL VALET PARKING SPACES MIN 8'-0" WIDE 23 EQUAL VALET PARKING SPACES MIN 8'-0" WIDE 9 EQUAL VALET PARKING SPACES MIN 8'-0" WIDE 7 EQUAL VALET PARKING SPACES MIN 8'-0" WIDE 630.26' 630.26' 1703 Floradele Ave. South El Monte, CA 91733 00.00.00 The Rustic & Chic Co. Mr. and Mrs. Mendez prepared for: 00.00.00 2271 Lake Avenue _No. 6011 Altadena, CA 91001 t: 818.795.6025 c: 818.370.4841 www.parcarchitecture.com B-693901 C-26861 Valet Parking Layout During Events A-0.2 Proposed M. V. Elementary School Parking Layout Friday-Sunday Parking Layout PROPOSED VALET PARKING LAY-OUT DURING EVENT HOURS 6PM-12AM, FRIDAY THROUGH SUNDAY Scale: 1"=20' Parking Layout During School Hours Scale: 1"=20' 1 CUP Submittal April 5, 2023

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re
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STORAGE

EXISTING STORAGE TO REMAIN

EXISTING OFFICES

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00.00.00 2271 Lake Avenue _No. 6011 Altadena, CA 91001
t: 818.795.6025 c: 818.370.4841 www.parcarchitecture.com B-693901 C-26861
Valet Parking Drop- off/pick-up area
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PROPOSED PARKING LAY-OUT DURING EVENT HOURS 6PM-12AM, FRIDAY THROUGH SUNDAY 1 A-5.3
1 A-5.3
CUP Submittal
April 5, 2023

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01257.0005/930090.2
f
Planning Commission
Agenda Report
DATE: October 17, 2023
TO: Honorable Chairman and Members of the Planning Commission PREPARED BY: Guillermo Arreola, Director of Community Development SUBJECT: Consideration of Resolution No. 23-03 approving a Conditional Use Permit (CUP) (No. 23-03) to allow for a special event (banquet) facility (“Rustic & Chic”).

PUBLIC NOTICE: Notice was posted on September 7, 2023 for Public Hearing before the Planning Commission.

BACKGROUND/DISCUSSION
On September 19, 2023, the Planning Commission held a public hearing for a proposed special event facility in conjunction with an existing party rental business. The Commission (“Commission”) recommended that the public hearing be continued to the October 17, 2023 Commission meeting to allow staff to review, research, and analyze matters that arose during the meeting. As such, staff has followed up with the following agencies:
• City of Commerce
• City of Bell Gardens
• Department of Alcoholic Beverage Control (ABC)
On September 23, 2023, at or around 10:30 p.m., Code Enforcement Supervisor Joe Martinez arrived at this location responoding to a call that an event was taking place at Rustic & Chic.

Supervisor Martinez approached the site and informed the person in charge that they were hosting an event without proper city approvals. Supervisor Martinez attended the September 19th Planning Commission meeting, so he was familiar with the details of the meeting. The gentleman in charge informed Supervisor Martinez that they understood what they were required to do; however, they proceeded to hold the event . Supervisor Martinez issued three citations; $1,000 violation per SEMMC 05.04.010 Business Activity without a license, $1,000 viloation per SEMMC17.18.060 Prohibited Use M-Zone, and $1,000 per SEMMC 17.18.050 Conditional Use Permit Required.

After the issuance of the citations totaling $3,000, the business representative promptly began shutting down the event. During the meeting, Staff informed the Commission that the applicant was not allowed to hold any events until the CUP was approved by the Commission and after the Building and Fire Departments conducted a final walk through with an approved final inspection.

City of Commerce
Staff spoke to the Code Enforcement Department regarding any complaints they may have received regarding the business operations of the Rustic & Chic located in its city. The City’s Agenda
Item No.
7a

ATTACHMENT C

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01257.0005/930090.2 2
Code Enforcement Department informed staff that it has not received any complaints regarding their operations.

City of Bell Gardens
Staff contacted the City of Bell Gardens regarding the operation of Rustic & Chic, however, Bell Gardens staff informed South El Monte staff that the business was no longer in operation.

According to its Code Enforcement Department, in 2021, Rustic & Chic was originally issued a business license for party rentals and photo shoots. However, similarly to its business in South El Monte, Rustic & Chic transformed into a special event facility. Bell Gardens staff informed the operators that the banquet facility was not permitted in that zone, and requested that the business operator discontinue the banquet facility operation. The City informed the business operators that they may apply for a zone change and that it could take as long as six months for the zone change, if approved, to take effect. However, the business operators continued the banquet operation.

Ultimately, the City of Bell Gardens took Rustic & Chic to court to have them stop the banquet operation and apply for a zone change. The business operators decided not to pursue and closed the entire business.

Department of Alcoholic Beverage Control
Staff reached out to the Department of Alcoholic Beverage Control (“ABC”) regarding the types of businesses that could operate similarly to that proposed by Rustic & Chic, i.e., where an ABC license is not required for clients to bring their own alcoholic beverages. The only other type of business that is similar, if not identical to this type of business, is a banquet facility. ABC concurred with the Planning Commission that a condition of approval could be added to the resolution requiring all staff take an on-line LEAD Program and be certified prior to the operation of the business. The LEAD program started on January 1, 1991, and continues today as a free, voluntary prevention and education program for retail licensees, their employees and applicants. The mission of the LEAD program is to provide free, effective and educational training on alcohol responsibility and the law to California retail licensees and their employees.

Staff has revised the attached resolution incorporating this condition of approval.

CONCLUSION: Staff has reviewed the proposed Project and finds it meets the development standards with included conditions of approval to be consistent with the General Plan and Zoning Code. It is staff’s recommendation that the Planning Commission adopt Resolution No. 23-03 approving the requested conditional use permit for a special event facility in conjunction with an existing party rental business.

ATTACHMENTS:

A – Resolution No. 23-03
B – September 19, 2023 Planning Commission Staff Report (includes plans)

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01257.0005/930065.1
RESOLUTION NO. 23-04

A RESOLUTION OF THE SOUTH EL MONTE PLANNING

COMMISSION APPROVING AN APPLICATION FOR

CONDITIONAL USE PERMIT FOR A SPECIAL EVENT

FACILITY IN CONJUNCTION WITH A PARTY RENTAL
BUSINESS AT 1703 FLORADALE AVENUE, OPERATING AS

17.18.050(L), the Project requires Planning Commission review and approval because the Project is not specifically permitted or prohibited, which is determined to be compatible with the permitted uses in the manufacturing zone; and
WHEREAS, a public hearing was held before the Planning Commission on September 19, 2023 to consider the application. All evidence, both written and oral, presented during the public hearing was considered by the Planning Commission in making its determination. On September 19, the Commission voted to continue the public hearing to the October 17, 2023 Planning Commission meeting to allow staff time to conduct additional research regarding the operation of the Applicant’s same business in other cities and request additional information from the Department of Alcohlic Beverage Control; and
WHEREAS, the public hearing was continued to the October 17, 2023 to allow the Planning Commission to further review the application and additional information provided by staff. All evidence, both written and oral, presented during the public hearing was considered by the Planning Commission in making its determination to continue the matter.

NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF SOUTH EL MONTE HEREBY FINDS AND RESOLVES AS FOLLOWS:

ATTACHMENT A

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Planning Commission
Resolution No. 23-04

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Department of Community Development and are in the custody of the Director of Community Development
SECTION 2: A record of the public hearing indicates the following:

A. With regard to the application for a CUP, SEMMC Section 17.68.040 requires that the Planning Commission find that the proposed use shall not be detrimental to persons or properties in the immediate vicinity or to the City in general. State law requires that the Project be compatible with surrounding uses.

B. The General Plan Land Use designation for the Property is “Industrial.” The Zoning Code designation is “M” (Manufacturing).

C. The proposed Project promotes the City’s goals and objectives stated in the General Plan. No goal or policy will be impaired with the conditions included in this resolution.

D. The special event facility should not become a nuisance to surrounding properties with the proposed conditions.

SECTION 3: Based on the record of the hearing, including all information presented at the hearings on September 19, 2023 and October 17, 2023, including the Staff Report dated September 19, 2023 and October 17, 2023, which are hereby incorporated into this Resolution 23- 03 by reference, the Planning Commission hereby finds:

C. The proposed Project, as conditioned, is consistent with the City’s General Plan.

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Planning Commission
Resolution No. 23-04

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commercial development: (1) commercial uses that meet the retail and service needs of the local resident and employee populations, and (2) regional-serving retail commercial businesses that capture revenues from a broader population base. This will serve the area by providing a special event facility that can serve private parties or businesses for small to medium sized events in the City; and
Economic Development Element
(3) Goal 1.0: Continue to provide opportunities for a wide range of industries to operate in South El Monte by allowing special event facility which is uncommon for the area.

SECTION 4: Based on the aforementioned findings, the Planning Commission hereby approves CUP (No 23-03) to operate special event facility subject to the following conditions:

General Conditions

3. The approval shall lapse and become void if the privilege authorized is not within two years from the date of this approval.

4. Applicant and its employees, agents and contractors shall comply with all laws, policies, rules and regulations including but not limited to the Municipal Code provisions.

Planning Conditions

5. The hours of operation shall be as follows:

The operation of the party rental business are as follows:
• Monday – Friday: 8:00 a.m. – 5:00 p.m.

The proposed hours of operation for the Special Event business are as follows:

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Planning Commission
Resolution No. 23-04

Page 4 of 7 ends

• Friday: 6:00 p.m. – 12:00 a.m.
• Saturday and Sunday: 4:00 p.m. to 12:00 a.m.

8. The Applicant shall not permit any loitering including any loitering on any property adjacent to the Property under control of the Applicant.

9. Noise associated with the special event business shall not negatively impact the surrounding properties, including those residential properties located on Cogswell Road.

10. The Applicant and all operators shall each take all necessary steps to ensure the orderly conduct of employees, patrons, and visitors when they are present on the Property.

11. The Applicant shall maintain all required permits and licenses in good standing.

13.All Rustic & Chic employees shall enroll and pass the State Department of Alcoholic Beverage Control LEAD program prior to working any future event at Rustic & Chic.

14. The maximum number of people at the Property shall not exceed 120 attendees.

15. The maximum occupancy of the premise of 384 shall be prominently posted and monitored at all times. The maximum number of attendees at each event shall not exceed 120.

16. The front of the exterior of the premises, as well as all parking areas under control of the Applicant, shall be illuminated at all times while the premises is open for business. This shall be done in such a manner that persons standing outdoors at night are identifiable by

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Planning Commission
Resolution No. 23-04

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law enforcement personnel while balancing the lighting so as not to unreasonably spill into and illuminate the window area of nearby properties.

17. All crimes occurring inside or outside of the location shall be reported to the Sherriff Department at the time of the occurrence.

18. At any time when the Applicant is absent from the premises, a responsible party shall be designated who can facilitate any Sherriff Department inquiries.

19. A copy of this approved resolution shall be kept on the premises at all times and presented to any Sheriff, or Business License or Planning Staff person.

20. The business’ website shall reflect the adopted conditions of approval, and shall reflect the maximum number of attendees, hours of operation, and that the business does not sell, store, or serve alcoholic beverages.

21. The Applicant understands that any violation of these conditions or any operation that constitutes a nuisance shall be grounds for the suspension or revocation of the Conditional Use Permit.

22. There shall be no exterior speakers and no live entertainment outside the building (including the parking lot) unless a Temporary Use Permit (TUP) is obtained from the City.

23. The temporary valet booth shall be removed and stored, hidden from public view, at the conclusion of each event.

24. The City shall review the conditions of the premises and business operations approved herein in approximately six months from the date of the City’s approval.

25. The parking agreement must be maintained, and any change to the parking agreement shall be brought before the Director of Community Development for approval before execution.

26. The valet service (Black Diamond Valet) shall:
• Carry all necessary insurance certificates;
• All drivers shall have satisfactory driving records;
• Comply with all traffic safety laws;
• Comply with the City’s noise ordinance.
• Limit access to the off-site parking area to Black Diamond Valet personnel only and security personnel associated with Rustic & Chic.
• There will be five attendants for valet parking operations at each event, one attendant at the valet booth, three runners, and one shuttling the parking attendants.

Sheriff Department Conditions

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Planning Commission
Resolution No. 23-04

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27. The applicant shall be required to submit a security plan to the Sheriff’s Department for review and approval, and shall contain the following:
• The installation of security cameras for a video monitoring system. Security cameras shall be required inside, as well as outside the building at each entry/exit point.Security cameras shall be in constant working order and directed towards ingress/egress points of the business. Recordings shall be retained for 60 days and allow to be reviewed by the Sheriff’s Department.
• Security lighting shall be installed, include motion sensors, and shielded to avoid light spillage onto adjacent properties.
• Appropriate gate hardware such as keypad/keycard access and automatic gate closers shall be implemented where feasible to limit unauthorized access as well as for easy monitoring of the site;
• Security guards shall be present during each event at the event facility and at the offsite parking area (Monte Vista Elementary School). • The special event business shall include a minimum of three security guards, one along the exterior of the, one within the venue, and one at the off-site parking area as requried in this CUP.

28. Allow access to Sheriff’s Department to the Property, building, and parking lot at all times including when business operaton are ocurring inlcuding special event activities.

29. The Sheriff’s Department shall be allowed to modify the security plan should there be any future issues on site with notice to the permitee.

SECTION 5: Any interested party may appeal this decision to the City Council pursuant to SEMMC Section 17.74.050.

PASSED, APPROVED AND ADOPTED this 17
th day of October, 2023.
_______________________________________
Chairman
ATTEST:
________________________________
Secretary

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES ) SS

CITY OF SOUTH EL MONTE )

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Planning Commission
Resolution No. 23-04

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I, Renee Reyes, Secretary to the Planning Commission of the City of South El Monte, do hereby certify that the foregoing Resolution, being Resolution No. 23-04 was duly passed and adopted by the Planning Commission of the City of South El Monte at a regular meeting of said Commission held on the 17
th day of October 2023.

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Secretary

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PUBLIC NOTICE: Notice was posted on September 7, 2023 for Public Hearing before the Planning Commission.

PROJECT
LOCATION: Address: 1703 Floradale Avenue
Project Applicant: Jazmin Mora
Property Owner: John Lee
Zone: Manufacturing (M)
Lot Size: 19,300 sq. ft.

SURROUNDING ZONING AND LAND USE:

ATTACHMENT B

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In addition, the company’s website indicates that the site is available for rental purposes.

RECOMMENDATION: Staff RECOMMENDS that the Planning Commission adopt Resolution No. 23-03 approving CUP (No. 23-03).

ANALYSIS:

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In order to grant a CUP, the Commission must make the following finding pursuant to SEMMC Section 17.68.040:

The commission shall find that the proposed use shall not be detrimental to persons or properties in the immediate vicinity nor to the city in general.

The business will be required to comply with Chapter 8.20 – Noise Regulations.

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01257.0005/922823.1 4
remain closed during these special events. Vehicular guest access to the rear portion of the lot will be prohibited. However, a gate will be available for pedestrian access.

The operation of the party rental business are as follows:
• Monday – Friday: 8:00 a.m. – 5:00 p.m.

The proposed hours of operation for the Special Event business are as follows:
• Friday: 6:00 p.m. – 12:00 a.m.
• Saturday and Sunday: 4:00 p.m. to 12:00 a.m.

The hours of operation of the special event facility have been added to the attached Resolution as conditions of approval.

Valet service will be provided by Black Diamond Valet, and will provide valet services will operate as follows:

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In addition, there will be one security guard at the off-site parking lot during all special events.

Staff contacted the Department of Alcoholic Beverage Control (ABC) regarding this type of use, and according to ABC, Section 23399.1 of the Business and Profession’s Code states the following:

Sheriff’s Department
The Sheriff's Department reviewed the proposed conditional use permit application. The Sheriff’s Department has some safety concerns about the possibility of street exhibitions at the street culPage 505 of 574 01257.0005/922823.1 6
de-sac, as there is evidence of such activities from aerial photographs. In addition, the limited point of entry would also impact any emergency responses, since there is only one entry point to access the project site. As such, staff has added a condition approval that requires the applicant to submit a security plan for review and approval by the Sheriff’s Department that addresss issues including but not limited to street exhibitions, vandalism and burglaries. The Sheriff's Department also recommends incorporating in the CUP a requirment that the applicant comply with the general principles of Crime Prevention through Environmental Design (CPTED) . The goal of CPTED is to reduce opportunities for criminal activities by employing physical design features that discourage anti-social behavior, while encouraging the legitimate use of the site. The overall tenets of CPTED include defensible space, territoriality, surveillance, lighting, landscaping, and physical security.

ATTACHMENTS:

A – Resolution No. 23-03
B – Vicinity Maps/Aerials
C – Correspondence
D – Project Plans

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01257.0005/922824.1

PLANNING COMMISSION
RESOLUTION NO. 23-03

A RESOLUTION OF THE SOUTH EL MONTE PLANNING

COMMISSION APPROVING AN APPLICATION FOR

CONDITIONAL USE PERMIT FOR A SPECIAL EVENT

FACILITY IN CONJUNCTION WITH A PARTY RENTAL
BUSINESS AT 1703 FLORADALE AVENUE, OPERATING AS

NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF SOUTH EL MONTE HEREBY FINDS AND RESOLVES AS FOLLOWS:

A. With regard to the application for a CUP, SEMMC Section 17.68.040 requires that the Planning Commission find that the proposed use shall not be detrimental to persons or

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Resolution No. 23-03

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01257.0005/922824.1
properties in the immediate vicinity nor to the City in general. State law requires that the Project be compatible with surrounding uses.

B. The General Plan Land Use designation for the Property is “Industrial.” The Zoning Code designation is “M” (Manufacturing).

C. The proposed Project promotes the City’s goals and objectives stated in the General Plan. No goal or policy will be impaired with the conditions included in this resolution.

D. The special event facility should not become a nuisance to surrounding properties with the proposed conditions.

C. The proposed Project, as conditioned, is consistent with the City’s General Plan.

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Resolution No. 23-03

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SECTION 4: Based on the aforementioned findings, the Planning Commission hereby approves CUP (No 23-03) to operate special event facility subject to the following conditions:

General Conditions

3. The approval shall lapse and become void if the privilege authorized is not within two years from the date of this approval.

4. Applicant and its employees, agents and contractors shall comply with all laws, policies, rules and regulations including but not limited to the Municipal Code provisions.

Planning Conditions

5. The hours of operation shall be as follows:

The operation of the party rental business are as follows:
• Monday – Friday: 8:00 a.m. – 5:00 p.m.

The proposed hours of operation for the Special Event business are as follows:
• Friday: 6:00 p.m. – 12:00 a.m.
• Saturday and Sunday: 4:00 p.m. to 12:00 a.m.

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Resolution No. 23-03

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01257.0005/922824.1

8. The Applicant shall not permit any loitering including any loitering on any property adjacent to the Property under control of the Applicant.

9. Noise associated with the special event business shall not negatively impact the surrounding properties, including those residential properties located on Cogswell Road.

The use shall comply with SEMMC Chapter 8.20.

10. The Applicant and all operators shall each take all necessary steps to ensure the orderly conduct of employees, patrons, and visitors when they are present on the Property.

11. The Applicant shall maintain all required permits and licenses in good standing.

5. The maximum number of people at the Property shall not exceed 120 attendees.

6. The maximum occupancy of the premise is 384 shall be prominently posted and monitored at all times. The maximum number of attendees at each event shall not exceed 120.

8. All crimes occurring inside or outside of the location shall be reported to the Sherriff Department at the time of the occurrence.

9. At any time when the applicant licensee is absent from the premises, a responsible party shall be designated who can facilitate any Sherriff Department inquiries.

27. A copy of this approved resolution shall be kept on the premises at all times and presented to any Sheriff, or Business License or Planning Staff person.

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Resolution No. 23-03

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01257.0005/922824.1

29. The Applicant understands that any violation of these conditions or any operation that constitutes a nuisance shall be grounds for the suspension or revocation of the Conditional Use Permit.

30. There shall be no exterior speakers and no live entertainment outside the building (including the parking lot) unless a Temporary Use Permit (TUP) is obtained from the City.

31. The temporary valet booth shall be removed and stored, hidden from public view, at the conclusion of each event.

32. The City shall review the conditions of the premises and business operations approved herein in approximately six months from the date of the City’s approval.

33. The parking agreement must be maintained, and any change to the parking agreement shall be brought before the Director of Community Development for approval before execution.

Sheriff Department Conditions

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Resolution No. 23-03

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36. Allow access to Sheriff’s Department to the Property, building, and parking lot at all times including when business operaton are ocurring inlcuding special event activities. .

37. The Sheriff’s Department shall be allowed to modify the security plan should there be any future issues on site with notice to the permitee.

SECTION 5: Any interested party may appeal this decision to the City Council pursuant to SEMMC Section 17.74.050.

ADOPTED this 19th day of September, 2023.
_______________________________________
Chairman
ATTEST:
________________________________
Secretary

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES ) SS

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Secretary

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ATTACHMENT A

MAPS/AERIAL
Vicinity Map

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Aerial - Subject Site
Zoning
Subject
Site

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Guillermo Arreola
From:

Sent:

To:

Cc:

Subject:

Importance:

Good afternoon Mr. Arreola -
Thank you for your email. On behalf of Mike Owen I am responding to the Conditional Use Permit 20-03.

After thought and consideration, collectively we are opposed to the requested Conditional Use Permit No. 20-

The safety and security of our properties and tenants is of the utmost importance and this type of event compromises both significantly.

This is not just the position of 1702 Floradale, it is the shared stance of Jack Owen at Jenkins Industrial Properties, whom manages multiple other buildings on this street.

As property owners in this area, I trust this email and our position of the proposed Conditional Use Permit is respected.

Kindly,
Katie Owen
P.O. Box 1117
San Clemente, CA 92674
1

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STORAGE OFFICE BATH BATH BATH OFFICE STORAGE
Electric meter location 269.81' 80.05' 107.04' 5' R=55' R=150' 218.67' 60.00' 1703 Floradele Ave. South El Monte, CA 91733 00.00.00 The Rustic & Chic Co. Mr. and Mrs. Mendez prepared for: TSTitle Sheet & Existing Site Plan 00.00.00 2271 Lake Avenue _No. 6011 Altadena, CA 91001 t: 818.795.6025 c: 818.370.4841 www.parcarchitecture.com B-693901 C-26861 The Rustic & Chic 1703 F l o r a d a l e A v e n u e S o u t h E l M o n t e, C A 9 1 7 8 0 AIN No : 8114-025-021 EXISTING SITE PLAN Scale: 1/8"=1' Building Summary: Lot size: 19,300 SF (Per Assessors Map) Building Area: 8,640 SF (Per Assessors website) Lot Coverage: 45% Existing - No changes proposed Current zone: M (Manufacturing) Construction Type: Type-1 (Non-sprinklered) Landscaping: Existing: 396 SF Proposed: 520 SF Area Analysis: Office areas: 785 SF/300 SF per person. Gross= 3 Occupants Assembly area: 5,300 SF/ 15 SF per person - Net= 354 Occupants Warehouse area: 1,300 SF/500 SF per person - Gross= 3 Occupants Parking Analysis: Office areas: 1 parking per 300 SF = 3 parking spaces Assembly areas: 1 parking per 3 occupants = 354/3 = 118 parking spaces Warehouse: 1 parking per 1,000 SF = 2 parking spaces Total Parking Required: During Business Hours Parking provided: 11parking spaces. Including 1 van accessible parking space. During Event Hours Parking provided: 118 parking spaces provided off site. CUP Submittal SHEET INDEX: TS TITLE SHEET/ EXISTING SITE PLAN A-0.0 PROPOSED SITE PLANS MONDAY - FRIDAY A-0.1 PROPOSED SITE PLANS FRIDAY - SUNDAY A-0.2 EXISTING & PROPOSED FLOOR PLAN A-0.3 EXISTING & PROPOSED ELEVATIONS A-0.4 FRAMING DETAILS A-0.5.1-.3 ACCESSIBILITY GN-1 GENERAL NOTES PARCEL MAP April 5, 2023

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WITH THE SPECIFIC PROJECT. N
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NS SHALL BE USED OR DISCLOSED TO
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NY

LIVING AREA
10' X 12' Trash
Container
Enclosure
Access aisle
Setback

STORAGE
OFFICE
BATH
BATH
BATH

OFFICE STORAGE
New landscaping
N
e
w land
s
c
a
ping
Existing
landscaping to
remain
Electric
meter
location
269.81'
8 0.0
5'
107.04'
5'
R=55'
R=150'
218.67'

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Existing: 396 SF
Proposed: 520 SF
Area Analysis:

Office areas: 785 SF/300 SF per person. Gross= 3 Occupants Warehouse area: 6,600 SF/500 SF per person - Gross= 13 Occupants Parking Analysis:

Office areas: 1 parking per 300 SF = 3 parking spaces
Warehouse: 1 parking per 1,000 SF = 8 parking spaces
Total Parking Required:

During Business Hours
Parking provided: 11parking spaces. Including 1 van accessible parking space.

CUP Submittal
April 5, 2023

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NY

STORAGE

EXISTING STORAGE TO REMAIN

EXISTING OFFICES

TO REMAIN
BATH
BATH

EXISTING

BATHROOM

EXISTING

OFFICE TO
REMAIN

EXISTING

STORAGE TO
REMAIN

STORAGE

MEN RESTROOM
14'-7" X 11'-0"

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Existing: 396 SF
Proposed: 520 SF
Area Analysis:

During Business Hours
Parking provided: 11parking spaces. Including 1 van accessible parking space. During Event Hours Parking provided: 118 parking spaces provided off site.

CUP Submittal
April 5, 2023

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revisions Design, Development, Oversight, Consultation, Due Diligence B-693901 C-26861 PLANNERS ARCHITECTS REALTORS CONSTRUCTORS INC. ALL IDEAS, DESIGNS, ARRANGEMENTS, AND PLANS INDICATED OR REPRESENTED BY THIS DRAWING ARE OWNED BY, AND THE PROPERTY OF P.A.R.C., INC. AND WERE CREATED, EVOLVED, AND DEVELOPED FOR USE ON, AND IN CONNECTION WITH THE SPECIFIC PROJECT. NONE OF SUCH IDEAS, DESIGNS, ARRANGEMENTS, OR PLANS SHALL BE USED OR DISCLOSED TO ANY OTHER PERSON, FIRM, OR CORPORATION FOR ANY PURPOSE WHATSOEVER WITHOUT WRITTEN PERMISSION OF P.A.R.C., INC. OR THE ARCHITECT OF RECORD. 2568 Saint Andrews Drive Glendale, CA 91206 t 818.795.6025 f 818.548.7837 www.parcarchitecture.com sheet description project date of sheet 1703 Floradele Ave. South El Monte, CA 91733 00.00.00 The Rustic & Chic Co. Mr. and Mrs. Mendez prepared for: 00.00.00 2271 Lake Avenue _No. 6011 Altadena, CA 91001 EXISTING ELEVATIONS SCALE: 1/4"=1' PROPOSED FLOOR PLAN SCALE: 1/4"=1' t: 818.795.6025 c: 818.370.4841 www.parcarchitecture.com B-693901 C-26861 A-0.3 Existing & Proposed Elevations 4'-6" T.O. TOP PLATE FINISH FLOOR 9' 16'-0" -30" +/- FINISHED GRADE T.O. PARAPET 13'-0" AC BD 4'-6" T.O. TOP PLATE FINISH FLOOR 9' 16'-0" -30" +/- FINISHED GRADE T.O. PARAPET 13'-0" AC BD Proposed accessible ramp Proposed storefront with double doors 4'-6" T.O. TOP PLATE FINISH FLOOR 9' 16'-0" -30" +/- FINISHED GRADE T.O. PARAPET 13'-0" 4'-6" T.O. TOP PLATE FINISH FLOOR 9' 16'-0" -30" +/- FINISHED GRADE T.O. PARAPET 13'-0" 3 A-5.1 3 A-5.1 Proposed accessible ramp EXISTING & PROPOSED ELEVATIONS Proposed storefront with egress door 2 A-5.1 2 A-5.1 2 A-5.1 2 A-5.1 3 A-5.1 3 A-5.1 No changes to exterior facade 3 A-5.1 3 A-5.1 Proposed accessible ramp Trash Enclosure CUP Submittal April 5, 2023

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FE EXIT

FE FE FE

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revisions Design, Development, Oversight, Consultation, Due Diligence B-693901 C-26861 PLANNERS ARCHITECTS REALTORS CONSTRUCTORS INC. ALL IDEAS, DESIGNS, ARRANGEMENTS, AND PLANS INDICATED OR REPRESENTED BY THIS DRAWING ARE OWNED BY, AND THE PROPERTY OF P.A.R.C., INC. AND WERE CREATED, EVOLVED, AND DEVELOPED FOR USE ON, AND IN CONNECTION WITH THE SPECIFIC PROJECT. NONE OF SUCH IDEAS, DESIGNS, ARRANGEMENTS, OR PLANS SHALL BE USED OR DISCLOSED TO ANY OTHER PERSON, FIRM, OR CORPORATION FOR ANY PURPOSE WHATSOEVER WITHOUT WRITTEN PERMISSION OF P.A.R.C., INC. OR THE ARCHITECT OF RECORD. 2568 Saint Andrews Drive Glendale, CA 91206 t 818.795.6025 f 818.548.7837 www.parcarchitecture.com sheet description project date of sheet 8' 18' 20'-01" 3'-0" 18' 23'-0" 8' 27'-9" 17'-9" 16'-8" 8' 8' 27'-2" 8' 8' 4'-3 1/16" 8' 13'-7" 18' 40'-7" 17'-9" 8'-11" 3'-11" 21'-7" 25 EQUAL VALET PARKING SPACES MIN 8'-0" WIDE 22 EQUAL VALET PARKING SPACES MIN 8'-0" WIDE 15 EQUAL VALET PARKING SPACES MIN 8'-0" WIDE 12 EQUAL VALET PARKING SPACES MIN 8'-0" WIDE 23 EQUAL VALET PARKING SPACES MIN 8'-0" WIDE 9 EQUAL VALET PARKING SPACES MIN 8'-0" WIDE 7 EQUAL VALET PARKING SPACES MIN 8'-0" WIDE 630.26' 630.26' 1703 Floradele Ave. South El Monte, CA 91733 00.00.00 The Rustic & Chic Co. Mr. and Mrs. Mendez prepared for: 00.00.00 2271 Lake Avenue _No. 6011 Altadena, CA 91001 t: 818.795.6025 c: 818.370.4841 www.parcarchitecture.com B-693901 C-26861 Valet Parking Layout During Events A-0.2 Proposed M. V. Elementary School Parking Layout Friday-Sunday Parking Layout PROPOSED VALET PARKING LAY-OUT DURING EVENT HOURS 6PM-12AM, FRIDAY THROUGH SUNDAY Scale: 1"=20' Parking Layout During School Hours Scale: 1"=20' 1 CUP Submittal April 5, 2023

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WITH THE SPECIFIC PROJECT. N
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NS, ARRA
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NS SHALL BE USED OR DISCLOSED TO
A

NY OTHER PERSO

N, FIRM, OR CORPORATIO

N FOR A
NY

STORAGE

EXISTING STORAGE TO REMAIN

EXISTING OFFICES

TO REMAIN
BATH
BATH

EXISTING

BATHROOM

EXISTING

OFFICE TO
REMAIN

EXISTING

STORAGE TO
REMAIN

STORAGE

MEN RESTROOM
14'-7" X 11'-0"

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ATTACHMENT D
South El Monte, California Municipal Code
Title 17 ZONING
Chapter 17.74 PUBLIC HEARINGS—PROCEDURE AND CONDUCT

17.74.050 Appeals—Council review.

A. Any person may appeal any decision of the planning commission to the city council by filing a writen appeal with the city clerk no later than ten calendar days a�er the effec�ve date of the decision; provided, however, that if City Hall is not open for business on the tenth day of the appeal period, the appeal period is extended to include the next business day.

B. Any two members of the city council may call any decision of the commission for review by the city council by filing a writen review request with the city clerk no later than ten calendar days a�er the effec�ve date of the decision. The request shall state: "The request for review has been filed because the subject mater of the decision pertains to a mater of city-wide importance that should be considered by the city’s elected officials."
C. The appeal or review request stays the effec�veness of the decision un�l the mater is resolved pursuant to Sec�on 17.74.070. (Ord. 1048 §1, 2003: Ord. 963 §§39, 41, 1995; Ord. 822 §1, 1989)

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ATTACHMENT E

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ATTACHMENT F

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

DATE: November 14, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Ariana De La Cruz, Director of Community Services SUBJECT: CONSIDERATION AND APPROVAL OF THE CITY'S 2024

SPECIAL EVENTS CALENDAR
SUMMARY: The City's 2024 Special Events Calendar includes recommended dates, times, and locations for the City-sponsored events held by the Community Services Department. All scheduled events are subject to modifications, date changes, and/or cancellations.

RECOMMENDED ACTION: Staff recommends City Council consider and approve the City's 2024 Special Events Calendar.

FISCAL/FINANCIAL IMPACT: Funding for the events scheduled from January 1, 2024 to June 30, 2024 are included in the City's approved Fiscal Year (FY) 2023/2024 Special Events and Summer Concerts budget in the projected amount of $83,000. The events scheduled from July 1, 2024 to December 31, 2024 will be discussed during budget sessions for (FY) 2024/2025.

DISCUSSION: In 2023, the City hosted approximately 35 special events and 17 Senior Services luncheons. The Community Services Department strives to host events that bring the community together to take place safely and successfully on its facilities, streets and in its parks. The department works with various organizations to provide support to the South El Monte community by providing information, sponsorships, and other resources.

The City’s 2024 Special Events Calendar includes City-sponsored events and Senior Services luncheons. Staff proposes the following changes to host certain events on nontraditional dates and locations:
2024 Night Markets
At the February 25, 2023 City Council meeting, the City Council discussed hosting a Night Market at the City-owned Kruse property by partnering with local businesses and community members to provide a friendly night out for the South El Monte

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community. City Council directed staff to present the estimated cost and logistics to host the proposed events.

Subsequently, at the July 25, 2023, City Council meeting, staff proposed two (2) Night Market events as part of a pilot program to measure community engagement and event feasibility. Night Market events were held on September 7, 2023, and October 5, 2023. Based on the tremendous success of both night markets, staff were directed to propose additional night market events to host in the Spring and Fall of 2024.

As a result of a successful pilot program, staff is proposing to host four (4) Night Market events in 2024 on the following dates:

Spring Night Market Events

1. April 4, 2024

2. May 2, 2024
Fall Night Market Events

1. September 5, 2024

2. October 3, 2024
The proposed Night Market events will continue to feature various entertainment activities, yard games, raffles, and a beer garden sponsored by South El Monte affiliated non-profit organizations. In addition, a large variety of vendors selling food, clothing, toys, and miscellaneous items will be available throughout the evening. Two of the night markets will feature a car show, another night market will feature a live boxing show, and the last night market will highlight an appearance and recognition to Fire Station 90 firefighters. The lively night markets will continue into the night with a live performance.

Cinco de Mayo Festival
The Cinco de Mayo Festival is growing in popularity and attendance every year. The event features live dancers, musical performances, a variety of vendors, interactive children’s activities, a play zone, and a live boxing show featuring 12 amateur bouts. Staff propose combining the Cinco de Mayo Festival with the May 2, 2023 Night Market where staff can provide a themed event featuring folklorico dancers, live band performances and the popular South El Monte Boxing show. Please refer to Attachment B – Cinco de Mayo Night Market Layout, for a visual site plan of the combined events.

Fire Station 90 Appreciation Day
For the past 4 years, the Fire Station 90 Appreciation Day event has lacked community and local fire department engagement. Prior to 4 years ago, the event was held at the fire station, which was open to the community to tour the facility and experience firsthand the equipment and fire engines housed at the station. Unfortunately, due to safety reasons, the City was unable to host the event at the station and moved it to City Hall's Front Lawn. In efforts to increase community participation, staff propose to incorporate the Fire Station 90 Appreciation Day with the September 5, 2024 Night Market. The Night Market will feature the participation of the Fire Station 90 team members and recognize them during the program with an appreciation plaque.

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Fourth of July Celebration
The Fourth of July Celebration is traditionally hosted on the actual July 4th date, regardless of the day of the week. In 2022 and 2023, the City explored a different option and the event was hosted on the Saturday prior to July 4th. In preparation of the 2024 Fourth of July Celebration, staff was tasked to gather input from the community through surveys completed in person and online in July of 2023. Based on the survey results, the community and staff recommend hosting the 2024 Fourth of July Celebration on Thursday, July 4, 2024.

Traditionally, the Fourth of July Celebration event concludes each year with a firework show that is launched from South El Monte High School. In preparation for hosting the 2024 firework show, staff have procured costs and availability from numerous firework companies. Currently, the cost of hosting a firework show on Thursday, July 4, 2024 is starting at $50,000 compared to hosting a firework show on Saturday, June 30, 2024 which would cost approximately $30,000. With the limited certified companies who still offer firework shows, the rates have doubled from previous years.

In order to host a firework show and a Fourth of July Celebration at a feasible cost, staff proposes to host the firework show and celebration event on two separate days. The fireworks show will be a stand-alone event, a Firework Show Viewing event, that can be held on Saturday, June 30, 2024, at the South El Monte High School. The show will be at a more affordable cost and will not compete with all the fireworks launched throughout the City on July 4th. The Fourth of July Celebration event will be held on Thursday, July 4, 2024 with the traditional festivities at New Temple Park including performances by two live bands.

ATTACHMENT(S):

A. City of South El Monte 2024 Special Events Calendar
B. Cinco De Mayo Night Market Proposed Layout

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ATTACMENT A

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City of South El Monte 2024 Special Events Calendar
Date Day Special Event Location Time
First Saturday of the month
between March and October
• Special Dates: July
13th and September
14th
Saturday Community Bike Rides Community Center Meeting Time: 8:30 a.m.

Departure: 9:00 a.m. to
11:00 a.m.

February 7, 2024 Wednesday Lunar New Year Luncheon Senior Center 10:30 a.m. to 12:30 p.m.

February 14, 2024 Wednesday Valentine’s Day Luncheon Senior Center 10:30 a.m. to 12:30 p.m.

March 13, 2024 Wednesday St. Patrick’s Day Luncheon Senior Center 11:30 a.m. to 12:30 p.m.

March 16, 2024 Saturday Baby Pageant Community Center 10:30 a.m. to 12:00 p.m.

March 27, 2024 Wednesday Easter Luncheon Senior Center 11:00 a.m. to 12:30 p.m.

March 30, 2024 Saturday Easter Pancake Breakfast City Hall Front Lawn 10:00 a.m. to 1:00 p.m.

April 4, 2024 Thursday Night Market Kruse Property 6:00 p.m. to 9:30 p.m.

April 17, 2024 Wednesday Volunteer Appreciation Dinner Senior Center 5:00 p.m. to 8:00 p.m.

May 1, 2024 Wednesday Cinco De Mayo Luncheon Senior Center 10:30 a.m. to 2:30 p.m.

May 2, 2024 Thursday National Day of Prayer Community Center 10:00 a.m. to 12:00 p.m.

May 2, 2024 Thursday Cinco De Mayo Night Market Kruse Property 6:00 a.m. to 9:30 a.m.

May 8, 2024 Wednesday Mother’s Day Luncheon Senior Center 10:45 a.m. to 2:30 p.m.

May 27, 2024 Monday Memorial Day Ceremony City Hall Front Lawn 11:00 a.m. to 1:00 p.m.

June 12, 2024 Wednesday Father’s Day Luncheon Senior Center 10:30 p.m. to 2:30 p.m.

June 13, 2024 Thursday 1
st Summer Concert City Hall Front Lawn 6:00 p.m. to 9:00 p.m.

June 20, 2024 Thursday 1
st Movie in the Park Mary Van Dyke Park 7:00 p.m. to 9:30 p.m.

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ATTACMENT A

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June 27, 2024 Thursday 2
nd Summer Concert City Hall Front Lawn 6:00 p.m. to 9:00 p.m.

June 29, 2024 Saturday Independence Day Firework
Show
South El Monte High
School
7:00 p.m. to 9:00 p.m.

July 3, 2024 Wednesday Fourth of July Luncheon Senior Center 11:30 a.m. to 2:00 p.m.

July 4, 2024 Thursday Fourth of July Festival New Temple Park 2:00 p.m. to 9:00 p.m.

July 11, 2024 Thursday 3
rd Summer Concert City Hall Front Lawn 6:00 p.m. to 9:00 p.m.

July 18, 2024 Thursday 2
nd Movie in the Park Mary Van Dyke Park 7:00 p.m. to 9:30 p.m.

July 24, 2024 Wednesday City’s Anniversary Luncheon Senior Center 11:30 p.m. to 12:30 p.m.

July 25, 2024 Thursday 4
th Summer Concert City
Anniversary Celebration
City Hall Front Lawn 6:00 p.m. to 9:00 p.m.

August 1, 2024 Thursday National Night Out & 3rd Movie
in the Park
Mary Van Dyke Park NNO 5:00 p.m. to 8:00 p.m.

Movie: 8:00 p.m.- 9:30 p.m.

August 8, 2024 Thursday 5
th Summer Concert City Hall Front Lawn 6:00 p.m. to 9:00 p.m.

August 21, 2024 Wednesday Senior Prom Senior Center 5:00 p.m. to 8:00 p.m.

August 22, 2024 Thursday 6
th Summer Concert City Hall Front Lawn 6:00 p.m. to 9:00 p.m.

September 4, 2024 Wednesday Grandparent’s Day Luncheon Senior Center 8:00 a.m. to 2:00 p.m.

September 5, 2024 Thursday Night Market / Fire Station
Appreciation Day
Kruse Property 6:00 p.m. to 9:30 p.m.

September 11, 2024 Wednesday 9/11 Memorial Ceremony Community Center Gym 11:00 a.m. to 12:00 p.m.

September 16, 2024 Monday Mexican Independence Day
Luncheon
Senior Center 10:30 a.m. to 2:30 p.m.

October 3, 2024 Thursday Night Market Kruse Property 6:00 p.m. to 9:30 p.m.

October 17, 2024 Thursday Walk to End Domestic Violence City Hall Front Lawn 6:00 p.m. to 8:30 p.m.

October 31, 2024 Thursday Halloween Luncheon Senior Center 11:30 a.m. to 2:30 p.m.

October 31, 2024 Thursday Harvest Festival City Hall Front Lawn 6:00 p.m. to 9:00 p.m.

November 6, 2024 Wednesday Veterans Day Luncheon City Hall Front Lawn 11:00 a.m. to 12:30 p.m.

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ATTACMENT A

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November 11, 2024 Monday Veterans Day Ceremony City Hall Front Lawn 11:00 a.m. to 1:00 p.m.

November 23, 2024 Saturday Turkey Dash 5k and 1k Trot City Hall Front Lawn 8:30 a.m. to 10:30 p.m.

November 25, 2024 Monday Thanksgiving Day Luncheon Senior Center 10:30 a.m. to 12:30 p.m.

December 5, 2024 Thursday Tree Lighting Ceremony City Hall Front Lawn 6:00 p.m. to 8:30 p.m.

December 14, 2024 Saturday Christmas Wish Toy Giveaway Community Center 11:00 a.m. to 6:00 p.m.

December 16
th
-18th M/T/W Santa Coming to Town Around City 6:00 p.m. to 7:00 p.m.

December 19, 2024 Thursday Christmas Luncheon Senior Center 10:00 a.m. to 12:30 p.m.

December 30, 2024 Monday New Year’s Day Luncheon Senior Center 11:30 a.m. to 2:30 p.m.

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Beer Garden Lawn Chair
Cinco de Mayo Night Market Proposed Layout
Vendors
Food Truck
Boxing Ring
Restrooms
Stage
Dance Floor
Inflatables
Barricades
Traffic Cones
Event Entrances
KEY

ATTACHEMENT B

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

ENERGY EFFICIENCY AND MECHANICAL ENERGY

EFFICIENCY PROJECT FOR CITY FACILITIES
SUMMARY: The City received Department of Energy (DOE) grants funds for lighting energy efficiency and mechanical energy efficiency upgrades. These upgrades were initially scheduled for the City's Community Center, Mini Center and Senior Center; however, a phased approach may now be required to complete the projects.

RECOMMENDED ACTION: Staff recommends City Council to consider and select from the following two options:

1. Proceeding with the original scope of work, previously approved on July 25, 2023, which covers all designated centers; or

2. Adopt a two-phase approach as outlined, beginning with the Senior Center and Community Center in Phase 1, and subsequently addressing the Mini Center in Phase 2.

FISCAL/FINANCIAL IMPACT: The projected total project cost for proceeding with the original scope of work amounts to $2,084,162 encompassing construction expenses and cost share contributions from various sources. This includes $747,494 in funding from the United States Department of Energy (DOE), $220,770 contributed by SoCalRen, $48,899 provided by Passive Logic, and an allocation of $299,155 from the General Fund Balance for FY 2023/24. Additionally, $35,459 in funding will be reallocated from Prop A to further support the project. To cover the remaining expenses of $732,385, the City will draw from the General Fund Balance.

By limiting the project's focus to the Senior Center and Community Center exclusively, the total projected cost is reduced to $1,897,616. The expenses include construction costs and cost share contributions from various sources, including $747,494 in funding from the United States Department of Energy (DOE), $220,770 from SoCalRen, $48,899 from Passive Logic, and an allocation of $299,155 from the General Fund Balance for FY

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2023/24. Additionally, $35,459 in funding will be reallocated from Prop A to further support the project. To cover the remaining expenses of $545,839, the City will draw from the General Fund Balance.

DISCUSSION: The City of South El Monte, in partnership with The Energy Coalition and Passive Logic, applied for a grant through the Building Technologies Proving Ground – Public Sector Field Validation Funding Opportunity, a program administered by United States Department of Energy (DOE), as Project No. 602. On June 4, 2021, DOE awarded the City $747,494 in reimbursable funds, which includes a cost share of $404,650 that the City is required to contribute towards the cost of the project. It's important to note that the City, in partnership with Passive Logic and SoCalRen, will collectively contribute towards the initial cost share amount of $404,650.

The initially proposed project and budget, as submitted to the Department of Administration, have undergone multiple revisions, most notably the expansion of the number of AC units to be installed in the buildings. Additionally, personnel changes within the project team have led to delays, which have been further compounded by the effects of inflation and the rising costs of materials. Collectively, these factors have had a substantial impact on the project's overall cost. As a result, a budget deficit of $714,795 is anticipated for the original scope of work, while a shortfall of $516,174 is expected for the two-phase approach that covers solely the Senior Center and Community Center in Phase I. The Mini Center would be rescheduled as part of Phase II and will commence once the City secures the requisite funding to proceed with the project.

The South El Monte Autonomous Building Controls Retrofit project will enhance the performance and energy efficiency of city facilities while reducing energy consumption and peak electricity demand. The primary goal remains to achieve deep energy savings and address long-deferred facility improvements. This innovative technology not only ensures enduring energy savings but also validates hardware compatibility with typical public sector building types, showcasing DOE data standardization's viability and the transformation of public sector buildings into grid-efficient interactive structures.

On July 25, 2023, the City Council granted approval and awarded contracts to Green Energy Innovations, Inc. for the implementation of lighting energy efficiency upgrades and to AC Pros, Inc. for the enhancement of mechanical energy efficiency (AC Units).

Staff recommends retaining the two vendors originally chosen to execute the energy efficiency upgrades at city facilities.

Staff requests that the City Council discuss and select one of these options that have been presented, subject to any project approval having to comply with all applicable laws including the California Environmental Quality Act (CEQA) before any binding commitment is made by the City for construction of a project. The City’s new project management team will work closely with the DOE and relevant stakeholders to reevaluate project timelines, costs, and specifications in accordance with this phased approach and scope adjustment. The Council's approval of this adjustment is sought to proceed accordingly.

Staff report prepared by Andrés González, Senior Public Works Analyst.

ATTACHMENT(S):

None

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

DATE: November 14, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: City Attorney
SUBJECT: CONSIDERATION AND APPROVAL OF ORDINANCE NO.
1270 OF THE SOUTH EL MONTE CITY COUNCIL AMENDING
CHAPTER 5.09 OF TITLE 5 OF THE SOUTH EL MONTE
MUNICIPAL CODE THEREBY AMENDING THE CITY’S

SIDEWALK VENDING REGULATIONS IN RELATION TO

REQUIREMENTS WHEN VENDING, INCLUDING REQUIRED

DISTANCE BETWEEN VENDORS, KEEPING SIDEWALKS

CLEAR OF OBSTRUCTIONS AND COOKING WASTE,

RESTRICTIONS ON COOKING WITHOUT REQUIRED LA

COUNTY HEALTH PERMIT, AND DOCUMENTS REQUIRED

WHILE VENDING
SUMMARY: Per the City Council's direction given at the October 24, 2023 City Council Meeting, the City Attorney's Office and City staff are presenting a proposed ordinance amending the South El Monte's Municipal Code Chapter 5.09 "Sidewalk Vending" in relation to requirements for vending.

RECOMMENDED ACTION: That the City Council:

1. Find that the amended ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to CEQA Regulation 15061(b)(3) and based on the analysis provided in the attached ordinance; waive first reading and introduce Ordinance No. 1270; and

2. Set said ordinance for adoption at the next regular city council meeting.

FISCAL/FINANCIAL IMPACT: None at this time.

DISCUSSION: During the October 24, 2023 City Council Meeting, staff presented Agenda Item 9.b to the City Council for review and discussion concerning sidewalk vendor laws and potential new regulations under the City’s municipal code. The presentation summarized the current status of sidewalk vendor laws and state protections under SB 946, passed in 2018, and SB 972, passed in 2022. The presentation

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also summarized the City’s current sidewalk vendor regulations and proposed amendments to the regulations to address concerns voiced by the City’s code enforcement department and City residents. Proposed amendments included requiring vendors to carry a form of ID when vending, requiring vendors to prevent customers from obstructing sidewalks, and prohibiting vendors from depositing harmful material or waste on public property.

At the October 24 meeting, the City Council directed staff to draft an ordinance amending the City’s sidewalk vendor regulations in line with staff’s recommended amendments.

The City Council further directed staff to draft amendments increasing the distance between operating sidewalk vendors from 200 feet to 500 feet between vendors, and address health and safety concerns caused by food vendors who operate without an LA County Health Permit when vending, when such a permit is required.

Staff has prepared the attached proposed Ordinance, addressing the City Council’s directions in the manner and extent permitted by law. To address health and safety concerns caused by food vendors who operate without an LA County Health Permit when vending, staff is proposing that the City Council amend the City’s sidewalk vending regulations to permit City enforcement officers to impound a vendor’s equipment, goods, and merchandise when operating in violation of the City’s sidewalk vending regulations in a manner that poses an immediate threat to health and safety. Impoundment could be exercised in connection with the City’s other enforcement mechanisms, including administrative citations and the revocation of any vending license or business license.

SEMMC Chapter 5.09, “Sidewalk Vending”
The City passed Ordinance 1233 in 2019 in response to SB 946 to ensure that the Municipal Code both complied with new state law and to maximize local control of sidewalk vending permitted under the law. (South El Monte Municipal Code (“SEMMC”) Chapter 5.09, Sidewalk Vending.)
Sidewalk vendors need a vending permit, a business license, and a California seller’s permit in order to operate legally under the South El Monte Municipal Code. If vending food, applicants for a vending license must have a food handler course certification and proof of required approvals by the LA County Department of Public Health. Under SB 972, the City can likely retain the requirement that sidewalk food vendors complete a food handler course, but certain CMFO vendors will not be required to have health permits or approvals by the County. Vendors must carry all required permits and licenses while vending. Failure to abide by the City’s sidewalk vending regulations may result in licenses and permits being revoked.

The City is prohibited under state law from banning sidewalk vending altogether.

However, the Municipal Code prohibits vendors from selling within certain parts of the City, including upon or within any roadway, median strip, or dividing section; within five hundred feet of a farmer’s market, swap meet, or any temporary special event; in any City parking lot; and within two hundred feet of another vendor. Stationary vendors are prohibited from vending in residential zones and in parks with existing concessions stands. All vendors are prohibited from vending to customers in moving vehicles or in a manner that obstructs vehicle or pedestrian traffic, and must leave at least three feet of clearance on all sidewalks or pedestrian areas. Sidewalk vendors selling food are still required to maintain sanitary conditions under the Health & Safety Code, LA County Health Services regulations and the Code.

Under the Municipal Code, violations of the street vending regulations are currently punishable by an administrative fine. Violations are not punishable as an infraction or misdemeanor. However, violation of the Municipal Code may also result in a revocation

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of a vendor’s business license and/or vending license.

Proposed Amendments to Sidewalk Vending Chapter:

The proposed ordinance would amend South El Monte Municipal Code (“SEMMC”) Chapter 5.09, “Sidewalk Vending,” in the following manner:
• Requiring vendors to maintain valid personal identification on their person at all times while vending, which may include a driver’s license, student ID, or other government-issued ID;
• Requiring that vendors maintain a distance of at least 500 feet from other vendors while operating;
• Prohibit vendors from depositing garbage, rubbish, or other waste on public property, including food grease and oil;
• Prohibit vendors from encouraging, directing, or allowing customers to congregate in a manner that obstructs the free movement of pedestrians and vehicles, including blocking sidewalks; and
• Permit City enforcement officers to impound equipment, carts, food, goods, or merchandise of a street vendor operating in violation of the City’s regulations and whose operations constitute an immediate threat, hazard, or danger to the public.

The City would be entitled to impound the items for up to 30 days before the items would be considered abandoned and disposable. Perishable or food items would be able to be disposed of immediately. Vendors may retrieve their items within 30 days of impoundment, so long as they can prove ownership of the item and pay any impoundment fees, which would reflect the City’s cost of impoundment.

Vendors would be able to appeal the impoundment to the City Manager.

ATTACHMENT(S):

A. (SEM) Draft Ordinance Amending Sidewalk Vending Chapter (1)

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01257.0001/936038.1

ATTACHMENT A
ORDINANCE NO. 1270

AN ORDINANCE OF THE SOUTH EL MONTE CITY COUNCIL
AMENDING CHAPTER 5.09 OF TITLE 5 OF THE SOUTH EL

MONTE MUNICIPAL CODE THEREBY AMENDING THE
CITY’S SIDEWALK VENDING REGULATIONS IN RELATION

TO REQUIREMENTS WHEN VENDING, INCLUDING

REQUIRED DISTANCE BETWEEN VENDORS, KEEPING

SIDEWALKS CLEAR OF OBSTRUCTIONS AND COOKING

WASTE, RESTRICTIONS ON COOKING WITHOUT

REQUIRED LA COUNTY HEALTH PERMIT, AND

DOCUMENTS REQUIRED WHILE VENDING
WHEREAS, the California State Legislature passed SB 946 in September 2018, which largely decriminalized sidewalk vending, except for sidewalk food vending. Under SB 946, local agencies still retain the authority to pass ordinances regulating certain aspects of sidewalk vending, such as time, place, and manner of vending in sensitive areas, but local agencies are prohibited from banning sidewalk vending altogether; and WHEREAS, in January 2019, the South El Monte City Council (“City Council”) passed and approved Ordinance No. 1233 in response to SB 946, adopting South El Monte Municipal Code (“SEMMC”) Chapter 5.09 “Sidewalk Vending” to regulate sidewalk vendors operating within South El Monte, maximize local regulations of sidewalk vendors permitted under SB 946, and comply with the new limitations under state law; and WHEREAS, the California State Legislature passed SB 972 in September 2022, which largely decriminalized sidewalk food vending in a similar manner as SB 946. The bill limited the City’s authority to regulate sidewalk food vendors by: (1) limiting punishment of local code violations to administrative fines and (2) loosening Health & Safety Code requirements as they apply to sidewalk food vendors; and
WHEREAS, the presence of sidewalk vendors on public sidewalks presents challenges to keeping sidewalks clear of obstructions and easily accessible to pedestrians and vehicles, as required by the SEMMC, state law, and federal law, caused by overcrowding, oversized vending equipment, oversized vending signage, garbage, waste, oil, and grease; and WHEREAS, the City has encountered various challenges in administering and enforcing its sidewalk vendor regulations, as many sidewalk vendors do not carry personal identification on their persons while vending, making it difficult for enforcement officers to cite vendors operating in violation of the SEMMC; and
WHEREAS, the City additionally desires to update its sidewalk vending regulations in order to address changes in state law under SB 946. including permitting the City to impound sidewalk food vendors operating in violation of Los Angeles County Department of Health regulations; and
WHEREAS, the City Council now desires to amend its sidewalk vending regulations provided in Chapter 5.09 of Title 5 of the SEMMC (“Chapter 5.09”) so that the City is better

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01257.0001/936038.1
able to administer thereof and increase protections of the general health, safety, and welfare of City residents.

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

SECTION 1. Recitals. The recitals set forth above are incorporated herein by this reference.

SECTION 2. CEQA. The City Council finds that the amended ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to CEQA Regulation 15061(b)(3).

CEQA Guidelines Section 15061(b)(3) includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The amended ordinance makes changes to the City’s sidewalk vending regulations in order to increase protections of the general health, safety, and welfare of City residents and improve administration of the City’s sidewalk vending regulations. As such, it can be seen with a certainty that there will be no impact upon the environment due to the approval of the amended ordinance.

SECTION 3. Amendment to Section 5.09.090 “Operating Requirements,” of Chapter

5.09 “Sidewalk Vending,” of Title 5 “Business Taxes, Licenses, and Regulations,” of the SEMMC.

Section 5.09.090 of Chapter 3.09 is hereby amended as follows (strikethroughs represent deletions and double underline represent additions):
“5.09.090 Operating requirements.

Sidewalk vendors shall comply with the following:

A. No sidewalk vendor shall vend in the following locations:

1. Within fifteen feet of any street intersection.

2. Within fifteen feet of any fire hydrant, fire call box, or other emergency facility.

3. Within ten feet of any curb which has been designated as white, yellow, green, blue, or red zone, or a bus zone.

4. Within ten feet of any driveway or driveway apron.

5. Upon or within any roadway, median strip, or dividing section.

6. Within five hundred feet of a permitted certified farmers’ market, a swap meet, or an area designated for a temporary special permit. This prohibition shall be limited to the operating hours of the farmers’ market or swap meet, or the limited duration of the temporary special permit.

7. In any city parking lot.

8. On private property without the consent of the property owner.

9. Within two five hundred feet of another vendor.

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01257.0001/936038.1
B. No sidewalk vendor shall vend to customers in moving operating vehicles, or in a manner that blocks or obstructs the free movement of pedestrians or vehicles. Sidewalk vendors must at all times provide a clearance of not less than three feet on all sidewalks or pedestrian areas so as to enable persons to freely pass while walking, running, or using mobility assistance devices. Sidewalk vendors may not encourage, direct, or allow customers to congregate in a manner which obstructs the free movement of pedestrians or vehicles, and/or does not provide a clearance of not less than three feet on all sidewalks or pedestrian areas.

C. Sidewalk vending is permitted between the hours of eight a.m. and ten p.m. daily, except as follows:

1. In residential areas, sidewalk vending shall be permitted between the hours of nine a.m. and six p.m.

2. In nonresidential areas, the limit on hours of operation shall not be more restrictive than the hours of operation of other businesses or uses on the same street.

3. In city parks, sidewalk vending shall be permitted only during hours open to the public.

D. Stationary sidewalk vendors shall not vend in areas that are zoned exclusively residential.

E. Stationary sidewalk vendors shall not vend at any park where the park operator has an agreement for concessions that exclusively permits the sale of food or merchandise by a concessionaire.

F. Sidewalk vendors shall provide a trash receptacle for customers and shall ensure proper disposal of customer trash. Vendors are prohibited from depositing or leaving waste on public property or in a place that might result in injury to any person, including but not limited to rubbish, garbage, food waste, paper, empty containers, and other waste items, including cooking waste such as oil and grease. Prior to leaving any vending location, the sidewalk vendor shall pick up, remove, and dispose of all trash generated by the vending operations or the vendor’s customers within a fifteen foot radius of the vending location.

G. Vendors of food or food products shall possess and display in plain view on the vending cart all applicable permits from Los Angeles County department of public health, including a valid and current mobile food facility permit.

H. Sidewalk vendors shall possess, at all times while vending, a valid permit issued pursuant to this chapter, as well as any other permit or license required by the city and any other appropriate governmental agency.

I. Sidewalk vendors shall possess, at all times while vending, a valid form of photo identification. Valid forms of photo identification include, but are not limited to, a driver’s license, a student identification card, or other state-issued identification card.

J. I. Sidewalk vendors shall possess, at all times while vending, current liability insurance.

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01257.0001/936038.1
K. J. Sidewalk vendors shall comply with all applicable state and local laws, including, without limitation, state food preparation, handling, and labeling requirements; fire codes and regulations; noise standards; and the Americans with Disabilities Act of 1990 and other disability access standards (both state and federal).

L. K. Vending carts shall not be chained, fastened, or affixed at any time to any building or structure, including, but not limited to, lampposts, parking meters, traffic signals, fire hydrants, benches, bus shelters, trash cans, street signs, trees, or other objects within the public right-of-way. No vending cart shall become a permanent fixture on the vending site or be considered an improvement to real property.

M. L. Vending carts shall not be left unattended or stored on public property or within the public right-of-way.”
SECTION 4. Addition of Section 5.09.110 “Impoundment,” of Chapter 5.09 “Sidewalk Vending,” of Title 5 “Business Taxes, Licenses, and Regulations,” of the SEMMC. Section

5.09.110 of Chapter 3.09 is hereby added to Chapter 5.09 as follows (strikethroughs represent deletions and double underline represent additions):
“5.09.110 Impoundment.

A. Any enforcement officer is authorized to impound equipment, carts, food, goods, or merchandise of a street vendor operating in violation of this Chapter and whose operations constitute an immediate threat, hazard, or danger to persons or property, pursuant to Chapter 8.26 of this Code.

B. The City shall store impounded vending equipment, carts, goods, or merchandise for a minimum of thirty (30) days. If the property is not claimed within that time period, the City may dispose of the property.

C. The City may immediately dispose of impounded materials that are perishable or cannot be safely stored.

D. The City Council may adopt impound fees by resolution, which shall reflect the city’s enforcement, investigation, administration, storage and impound costs.

E. Any owner of impounded vending equipment, carts, food, goods, or merchandise may, within fifteen days, appeal the impoundment in writing to the City Manager, or his or her designee. The appeal shall be filed with the city clerk within fifteen days following the date of the impoundment. The decision of the City Manager may be appealed to the City Council by filing the appeal in writing with the city clerk within fifteen days following the City Manager’s decision.

F. Prior to the expiration of the thirty (30) day holding period or before any appeal related to impoundment becomes final, any person claiming ownership of vending equipment, carts, goods, or merchandise that has been impounded may reclaim such materials upon payment in full of all applicable impound fees incurred and proper proof of ownership. Any unclaimed items will be considered abandoned and forfeited to the City after thirty (30) days following impoundment, and may, in the City Manager’s discretion, be destroyed or auctioned in accordance with applicable state law.”

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01257.0001/936038.1
SECTION 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase would be subsequently declared invalid or unconstitutional.

SECTION 6. Certification and publication. The ordinance shall take effect on January 1, 2024 and within (5) days after its passage, the City Clerk of the City of El Monte shall certify to the passage and adoption of this ordinance and to its approval by the Mayor and City Council and the Building Official shall cause the same to be filed with the California Building Standards Commission. And within (15) days after its passage, the City Clerk shall certify to the adoption of this ordinance and shall cause a summary of same to be published once in a newspaper of general circulation within the City of South El Monte.

PASSED, APPROVED, AND ADOPTED this __ day of ___ 2024.
_____________________________________
Gloria Olmos, Mayor
ATTEST:
__________________________________
Donna G. Schwartz, City Clerk
APPROVED AS TO FORM:
__________________________________
Anthony R. Taylor, City Attorney

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 ordinance, being Ordinance No. XXXX 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 ____ day of ___, 2024 by the following vote:

AYES: Councilmember(s):

NOES: Councilmember(s):

ABSENT: Councilmember(s):

ABSTAIN: Councilmember(s):
_______________________________

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01257.0001/936038.1
Donna G. Schwartz, City Clerk

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

DATE: November 14, 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 RESOLUTION 23-107,

CASTING VOTE(S) FOR COUNCILMEMBER TO REPRESENT

CITIES WITHOUT PRESCRIPTIVE PUMPING RIGHTS ON

THE BOARD OF THE SAN GABRIEL BASIN WATER QUALITY

AUTHORITY (WQA)
SUMMARY: City of South El Monte has two representatives representing the City of South El Monte who are Councilwoman Margaret Clark with City of Rosemead and Councilwoman Valerie Munoz with City of La Puente whose terms are ending, and the 13 cities must now vote for their representative for the new 4-year term that begins January 2024.

RECOMMENDED ACTION: City Council to adopt Resolution No. 23-107, casting vote(s) for Councilmember to represent cities without prescriptive pumping rights on the Board of the San Gabriel Basin Water Quality Authority.

FISCAL/FINANCIAL IMPACT: None.

DISCUSSION: The WQA is empowered by the State of California to protect and promote the beneficial use of groundwater supplies in the San Gabriel Valley. The focus is on coordinating and facilitating actions by local, state, and federal agencies to contain and clean up groundwater contamination and prevent its spread. The Board is composed of seven members with three appointed members from each of the three municipal water districts, one elected city council person from cities in the San Gabriel Basin with prescriptive pumping rights, and one elected city council person from cities in the San Gabriel Basin without prescriptive pumping rights, and two appointed members representing water producers. The nomination period for the elections of the WQA board member and alternate representing cities without prescriptive water pumping rights was closed on October 9, 2023, at 5:00 p.m. Votes will be officially counted during the Water Quality Authority’s regular meeting on December 20, 2023, at 12:00 p.m.

ATTACHMENT(S):

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A. Resolution No. 23-107, Votes for BM to WQA
B. SGBWQA Letter dated 10-30-23

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ATTACHMENT A
RESOLUTION NO. 23-107

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SOUTH EL MONTE, CALIFORNIA, CASTING ITS VOTE(S)
FOR COUNCILMEMBER _____________ TO REPRESENT

CITIES WITHOUT PRESCRIPTIVE PUMPING RIGHTS ON

THE BOARD OF THE SAN GABRIEL BASIN WATER

QUALITY AUTHORITY
WHEREAS, on September 22, 1992, Senate Bill 1679 was signed into law by Governor Pete Wilson authorizing the creation of the San Gabriel Basin Water Quality Authority; and WHEREAS, the Board of the San Gabriel Basin Water Quality Authority is composed of seven members with three appointed members from each of the three municipal water districts, one elected city council person from cities in the San Gabriel Basin with prescriptive pumping rights, and one elected city council person from cities in the San Gabriel Basin without prescriptive pumping rights, and two appointed members representing water producers; and WHEREAS, the City of South El Monte is one of the cities in the San Gabriel Basin without prescriptive pumping rights;
WHEREAS, the City of South El Monte may cast its vote(s) for a representative by resolution and delivered to the San Gabriel Basin Water Quality Authority no later than December 19, 2023 at 12:00 p.m.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH EL

MONTE, CALIFORNIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:

SECTION 1. The City Council of the City of South El Monte casts its full vote(s) for Councilmember ____________ as the representative for cities in the San Gabriel Basin without prescriptive pumping rights.

SECTION 2. The City Clerk shall certify to the adoption of this Resolution.

PASS, APPROVED AND ADOPTED this 14th day of November 2023. ______________________________
Gloria Olmos, Mayor
ATTEST:
____________________________
Donna G. Schwartz, City Clerk

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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF SOUTH EL MONTE )
I, Donna G. Schwartz, City Clerk of the City of South El Monte, do hereby certify that the foregoing Resolution, being Resolution No. 23-107, 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 14th day of November 2023 and that said Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

____________________________
Donna G. Schwartz, City Clerk

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ATTACHMENT B

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City Council Agenda Report
Agenda Item No. 12.a.

DATE: November 14, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Dianna Gomez, Executive Assistant
SUBJECT: MAYOR GLORIA OLMOS

1. Discussion on waiving any potential fines or penalties that Rustic & Chic receives, if any, between when the Planning Commission issued their CUP on October 17, 2023 through November 14, 2023 should the City Council affirm the decision of the Planning Commission at the public hearing (item 8.a).

RECOMMENDATION: Discussion and/or action
SUMMARY:

RECOMMENDED ACTION:

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

None

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South El Monte City CouncilNovember 14, 2023

South El Monte City Council
November 14, 2023