Final Minutes Approved 11-28-23
CITY OF SOUTH EL MONTE
REGULAR CITY COUNCIL MEETING MINUTES
Tuesday, November 14, 2023 - 6:00 PM
1415 Santa Anita Avenue, South El Monte, California 91733 Mayor Olmos called the meeting to order at 6:00 PM.
1. ROLL CALL
PRESENT: Councilmember(s): Acosta, Bojorquez, Delgado, Mayor Pro Tem Angel, and Mayor Olmos
STAFF PRESENT: Rene Salas, City Manager; Anthony R. Taylor, City Attorney; Donna G. Schwartz, City Clerk; Masami Higa, Director of Finance; Guillermo Arreola, Director of Community Development; John Poehler, Director of Public Works; Ariana De La Cruz, Director of Community Services, and Robert Molina, Interim Deputy City Clerk.
STAFF ABSENT: Paola Lara, Deputy City Clerk and lyob Tessema, Interim Director of Human Resources & Risk Management.
Zoom was provided for the Public to participate during public comment via teleconference.
2. PLEDGE OF ALLEGIANCE — Mayor Pro Tem Angel, led the Pledge of Allegiance.
3. INVOCATION — Dr. Humberto Ramos, Epiphany Catholic Church, offered the Invocation.
4. PRESENTATIONS
4.a. Mayor Olmos and City Council presented a proclamation to Sandy Ross, President of California Protective Parents Association, Proclaiming November as " Family Court Awareness Month."
Mayor Olmos requested General Business item 9.a. be heard at this time. Council concurred.
GENERAL BUSINESS
9.a. CONSIDERATION AND APPROVAL OF THE CITY'S 2024 SPECIAL
EVENTS CALENDAR
Mayor Olmos announced the item and Ariana De La Cruz, Director of Community Services presented the staff report.
Council requested two days for the 4th of July event. One on Saturday, June 29, 2023, and one on the day of 4th of July.
A motion was made by Mayor Pro Tem Angel, seconded by Councilmember Acosta to approve the City's 2024 Special Events Calendar as amended. Motion passed 5-0, by the following vote: Vote next page.
AYES: Councilmember(s): Acosta, Bojorquez, Delgado, Mayor Pro Tem Angel, and Mayor Olmos
NAYS: Councilmember(s): None
PRESENTATIONS (CONTINUED)
4.b. Masami Higa, Director of Finance provided a presentation with a PowerPoint on the Fiscal Year 2023-24 1st Quarter Ended 9/30/23 Financial Update.
5. APPROVAL OF THE AGENDA AND WAIVER OF FULL READING OF
ORDINANCES
Anthony R, Taylor, City Attorney announced a walk-on item under "Councilmembers' Agenda" as item 12.b. Councilmember Bojorquez as:
Discussion and action/approval to invite the Valle Lindo School District on the City's Christmas Drive around town event.
Mr. Taylor also noted a correction to the Minutes of 10-24-23 under Councilmembers' Agenda, Councilmember Delgado, correcting Government Code Section to 820.9 through 820.4.
A motion was made by Councilmember Delgado, seconded by Councilmember Bojorquez to approve the agenda as amended. Motion passed 5-0, by the following vote:
AYES: Councilmember(s): Acosta, Bojorquez, Delgado, Mayor Pro Tem Angel, and Mayor Olmos
NAYS: Councilmember(s): None
6. PUBLIC COMMENT
Mayor Olmos opened public comment.
1. Edwarda Sauceda, resident, commented on the following: the conversion of Patrero School for women and children, acknowledging Ms. Clementina Burnals, Rustic and Chic violation, and transients digging in trash cans.
There being no more speakers, Mayor Olmos closed public comment.
7. CONSENT CALENDAR
A motion was made by Councilmember Bojorquez, seconded by Councilmember Delgado to approve Consent Calendar as amended. Motion passed 5-0, by the following vote:
AYES: Councilmember(s): Acosta, Bojorquez, Delgado, Mayor Pro Tem Angel, and Mayor Olmos
NAYS: Councilmember(s): None
7.a. Approved the Minutes of the October 24, 2023, Regular City Council meeting.
7.b. Adopted Resolution 23-101, authorizing payment of City expenditures for the period of October 25, 2023, through November 14, 2023, totaling $1,603,041.78.
7.c. Authorized to seek Request for Proposal (RFP) from qualified firms to provide Citywide Traffic Signal Maintenance Services.
7.d. Approved construction bid package and authorized to advertise for construction bids for the Aquatics Center Swimming Pool Replastering Project.
7.e. Approved finding that the proposed action is not a project subject to the California Environmental Quality Act (CEQA) pursuant to Section 20165 of CEQA and Sections 15060(c)(2), 15060(c)(3), and 15378 of the State CEQA Guidelines and, as such, no environmental document pursuant to CEQA is required, adopted Resolution No. 23-102, awarding awarding a Professional Services Agreement to West Coast Arborists, Inc. for Tree Maintenance Services in the amount of $900,000 and authorized the City Manager or designee to negotiate and execute the agreement.
7.f. Approved finding that the proposed action is not a project subject to the California Environmental Quality Act (CEQA) pursuant to Section 20165 of CEQA and Sections 15060(c)(2), 15060(c)(3), and 15378 of the State CEQA Guidelines and, as such, no environmental document pursuant to CEQA is required, adopted Resolution No. 23-103, awarding a PSA to LOC Architects for Architectural Design Services for New Temple Park Multi -Purpose/ Community Room, Snack Bar, and Restroom Rehabilitation in the amount of $138,400.00 and authorize the Mayor or designee to negotiate and execute the agreement.
7.g. Adopted Resolution No. 23-105, authorizing the City Manager to sign extensions to ongoing facility use agreements and to enter into new agreements for the use of city facilities.
CONSENT CALENDAR (CONTINUED)
7.h. Rejected the one bid received and approved readvertising Request for Proposal (RFP) for Architectural Design Services for the South El Monte City Hall Restrooms Rehabilitation.
7.i. Authorized to seek Request for Proposal (RFP) from qualified firms for Janitorial Maintenance Services.
7.j. Adopted Resolution No. 23-106, authorizing submittal of the grant application to the CalRecycle SB 1383 Local Assistance Grant Program and related authorizations and authorized City Manager or designee to execute all documents as the signature authority.
8. PUBLIC HEARINGS
8.a. 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
Mayor Olmos announced the item and opened the public hearing and public comment.
Public Comment
1. Edwarda Sauceda, resident, commented on the event business, location, parking, ABC license not obtained, next to a church and school yard, why not a non-profit, the appeal, code of ethics to run a business, should have processed the right way, consultant firm. merging with church, obstruction of city hall, and find a resolution.
There being no more speakers, Mayor Olmos closed public comment.
Mayor Olmos introduced Guillermo Arreola, Director of Community Development who presented the staff report.
Discussion ensued between Councilmember Delgado, staff and applicant (Sandra and John Mendez) with questions and concerns with business being conducted during process of the Conditional Use Permit (CUP), payment of citations, question of involvement by elected officials regarding process of a school permit/contract.
Motion by Councilmember Acosta, seconded by Mayor Pro Tem Angel to affirm the decision by the Planning Commission to grant the CUP. Motion passed 3-2, by the following vote:
AYES: Councilmember(s): Acosta, Mayor Pro Tem Angel, and Mayor Olmos NAYS: Councilmember(s): Bojorquez and Delgado
9. GENERAL BUSINESS
Item 9.a. was heard during PRESENTATIONS.
9.a. CONSIDERATION AND APPROVAL OF THE CITY'S 2024 SPECIAL
EVENTS CALENDAR
9.b COUNCIL TO REVIEW AND SELECT AN OPTION FOR THE ENERGY
EFFICIENCY AND MECHANICAL ENERGY EFFICIENCY PROJECT
FOR CITY FACILITIES
Mayor Olmos announced the item and Rene Salas, City Manager presented the staff report.
Councilmember Delgado suggested a budget adjustment and tapping into reserves to proceed with scope of work. Mayor Pro Tem Acosta and Councilmember Acosta agreed with Councilmember Delgado.
Motion by Councilmember Delgado, seconded by Mayor Pro Tem Angel to proceed with the original scope of work, previously approved on July 25, 2023, which covers all designated centers, to make a budget adjustment and look into utilizing reserve funds. Motion passed 5-0, by the following vote:
AYES: Councilmember(s): Acosta, Bojorquez, Delgado, Mayor Pro Tem Angel, and Mayor Olmos
NAYS: Councilmember(s): None
9.c. 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
Mayor Olmos announced the item and Anthony Taylor, City Attorney presented the staff report and noted the correction of the year on the ordinance.
Motion by Councilmember Delgado, seconded by Councilmember Acosta to 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 set said ordinance for adoption at the next regular city council meeting. Motion passed 5-0, by the following vote:
AYES: Councilmember(s): Acosta, Bojorquez, Delgado, Mayor Pro Tem Angel,
and Mayor Olmos
NAYS: Councilmember(s): None
10. COMMITTEE REPORTS, INCLUDING AB 1234 REPORTS
Councilmember Acosta announced he attended the City's Fall Festival event, Epiphany Church Car Show, and the City's Veterans Day event.
Councilmember Bojorquez announced he attended the City's Halloween luncheon and costume contest at the Senior Center, and the City's Veterans Day event.
Councilmember Delgado announced he attended the Los Angeles County Vector Control Board meeting where one of the topics was the Asian Tiger Mosquito and encouraged the public to be mindful.
Mayor Pro Tem Angel announced he attended the City's Halloween luncheon and costume contest at the Senior Center, the City's Veterans Day event and the Epiphany Church Car Show.
Mayor Olmos congratulated Councilmember Acosta for graduating from the WELL UnTapped Fellowship Program along with Senator Rubio and Assembly Member Blanca Rubio and President Doctor Sabrina Bow with Azusa Unified School District, announced she attended the City's Halloween luncheon and costume contest at the Senior Center, the City's Veterans Day event and the Epiphany Church Car Show. Thanked all Veterans and their families for serving, announced SEACCA still adopting pets and have started the Pets for Vets program and that the Sanitation District is having boat rides.
11. CORRESPONDENCE
11.a. 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)
Mayor Olmos announced the item.
Motion by Councilmember Acosta, seconded by Mayor Pro Tem Angel to adopt Resolution No. 23-107, casting vote(s) for Councilmember Valerie Munoz to represent cities without prescriptive pumping rights on the Board of the San Gabriel Basin Water Quality Authority. Motion passed 5-0, by the following vote:
AYES: Councilmember(s): Acosta, Bojorquez, Delgado, Mayor Pro Tem Angel, and Mayor Olmos
NAYS: Councilmember(s): None
12. COUNCILMEMBERS' AGENDA
12.b. heard before 12.a.
12.b. COUNCILMEMBER BOJORQUEZ
1. Discussion and action/approval to invite the Valle Lindo School District on the City's Christmas Drive around town event.
Councilmember Bojorquez asked Council to consider inviting Valle Lindo School District on the City's drive around town event.
Councilmember Acosta, Mayor Pro Tem Angel and Mayor Olmos feel this event was originally a City event and should be reserved for just Council noting that there would be extra costs involved for additional items/equipment/staff if other persons were added.
12.a. 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).
Mayor Olmos clarified not all fees are trying to be waived but if any fees were received during the time noted after the Planning Commission approved the CUP if those fees could be waived, City is here to be business friendly not to shut them down. Mayor asked Council if this is ok.
Councilmember Acosta agreed with Mayor Olmos.
Councilmember Delgado feels if these fees are waived it will set a precedent and wants businesses to comply.
Guillermo Arreola, Director of Community Development stated there were no citations issued during the time noted, only lack of payment of previously issued citations and late fees. Sandra and John Mendez (Applicant) did pay one of the prior citations with associated late fee in the amount of $4,691.25, which includes processing fees. Total amount of remaining citations to be paid is $12,000.
Mayor Olmos requested the item be tabled for further research.
Anthony Taylor, City Attorney pointed out the ordinance on the appeal process is unclear with this type of issue, and probably a good reason to continue the item to research it more in this particular situation.
13. CLOSED SESSION
At 7:43 p.m. Anthony R. Taylor, City Attorney, recessed Council into closed session.
13.a CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1) - (One Case) Civil Action No. 2:23-cv-04022-SCW(MRWx): Phillip Killgore v. CITY OF SOUTH EL MONTE, a municipal corporation; GARVEYKCVN HOLINDGS LLC; AND DOES 1-10 INCLUSIVE
At 8:08 p.m. Mayor Olmos reconvened the meeting with all Councilmembers present.
Anthony R. Taylor, City Attorney, announced City Council discussed Item 13.a. there is no reportable action.
14. ADJOURNMENT
There being no further business coming before this body, at 8:09 p.m. Mayor Olmos adjourned the meeting to a Regular City Council Meeting on Tuesday, November 28, 2023, at 6:00 p.m.
nna G. chwa , CMC, amity Clerk
loria Olmos, Mayor