01257.0001/867754.1 15
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 $_________ (___________________________ 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.
01257.0001/867754.1 16
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 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.
01257.0001/867754.1 17
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, 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
01257.0001/867754.1 18
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.
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]
01257.0001/867754.1 19
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:
If applicable, 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.
01257.0001/867754.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2024 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.
01257.0001/867754.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2024 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.
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)
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.
01257.0001/867754.1 A-1
EXHIBIT “A”
SCOPE OF SERVICES
III. Consultant will perform the following Services:
A.
B.
C.
IV. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:
A.
B.
C.
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:
A.
B.
C.
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:
A.
B.
C.
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.
01257.0001/867754.1 C-1
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.
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all services timely in accordance with the following schedule:
Days to Perform Deadline Date
A. Task A ______________ ______________
B. Task B ______________ ______________
C. Task C ______________ ______________
II. Consultant shall deliver the following tangible work products to the City by the following dates.
A.
B.
C.
III. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2.
ATTACHMENT D
CITYWIDE STRIPING MAINTENANCE ZONES
City Council Agenda Report
Agenda Item No. 7.f.
DATE: November 28, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: City Attorney
SUBJECT: ADOPTION OF ORDINANCE NO. 1270 TO AMEND
SIDEWALK VENDING REGULATIONS SET FORTH IN SOUTH
EL MONTE MUNICIPAL CODE CHAPTER 5.09
SUMMARY: On November 14, 2023, the City Attorney’s Office and City staff proposed certain amendments to South El Monte Municipal Code (“SEMMC”) Chapter 5.09, “Sidewalk Vending” to the City Council. Following the City Attorney’s Office and City Staff’s presentation, the City Council unanimously approved the first reading of Ordinance No. 1270.
RECOMMENDED ACTION: That the City Council:
1. Waive second reading and adopt Ordinance No. 1270, 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 Distances between Vendors, Keeping Sidewalks Clear of Obstructions and Cooking Waste, Restrictions on Cooking without Required LA County Health Permit, and Documents Required while Vending.” FISCAL/FINANCIAL IMPACT: None at this time.
DISCUSSION: Senate Bill 946, passed in September 2018, limits 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. Ordinance No. 1270 amends Chapter 5.09 of the SEMMC to address changes under SB 946, including permitting the City to impound sidewalk food vendors operating in violation of Los Angeles County Department of Health regulations.
If adopted, Ordinance No. 1270 will allow City staff to better administer sidewalk vending regulations in a more effective and efficient manner and protect the general health, safety, and welfare of City residents.
Ordinance No. 1270 was introduced for first reading by City Council by unanimous approval at its regular meeting on November 14, 2023. The Ordinance is provided as Attachment 1 to this report.
ATTACHMENT(S):
A. Ord No. 1270 Amending Sidewalk Vending Chapter
01257.0001/936038.1
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 able to administer thereof and increase protections of the general health, safety, and welfare of City residents.
01257.0001/936038.1
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.
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.
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.”
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 28th day of November 2023. ________________________________
Gloria Olmos, Mayor
ATTEST:
____________________________
Donna G. Schwartz, City Clerk
APPROVED AS TO FORM:
___________________________
Anthony R. Taylor, City Attorney
01257.0001/936038.1
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. 1270 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 28th day of November 2023 by the following vote:
AYES: Councilmember(s):
NOES: Councilmember(s):
ABSENT: Councilmember(s):
ABSTAIN: Councilmember(s):
_______________________________
Donna G. Schwartz, City Clerk
City Council Agenda Report
Agenda Item No. 7.g.
DATE: November 28, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Donna Schwartz, City Clerk
SUBJECT: CONSIDERATION OF AMENDING THE CITY'S CONFLICT OF
INTEREST CODE
SUMMARY: Regulations of the Fair Political Practices Commission require newly created, designated employee positions to be included in the City’s conflict of interest code, which tells them what financial interest they must disclose on their Statement of Economic Interests (Form 700). Local agencies may amend their conflict of interest code any time newly created, designated employee positions assume office.
RECOMMENDED ACTION: Staff recommends City Council proceed with the amendment of the City's Conflict of Interest Code and direct the City Clerk, City Attorney, and HR/Risk Manager to coordinate the execution of the required amendments.
FISCAL/FINANCIAL IMPACT: There is no fiscal impact.
DISCUSSION: Regulations of the Fair Political Practices Commission allow local agencies to amend its conflict of interest code to include new, designated employees/positions and tailor their disclosure categories based on their job descriptions and duties (18 CCR § 18734). Accordingly, Staff desires to amend the City’s Conflict of Interest Code to account for the new, designated positions of: Human Resources Analyst, Senior Accounting Specialist, Community Development Analyst, Recreation Manager, Transportation and Senior Services Manager, Director of Human Resources/Risk Manager, Planning Manager, Community Services Analyst, and Senior Public Works Analyst. This amendment will allow the City to comply with the regulations of the Fair Political Practices Commission and promote organizational efficiency and excellence.
ATTACHMENT(S):
None
City Council Agenda Report
Agenda Item No. 9.a.
DATE: November 28, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Donna Schwartz, City Clerk
SUBJECT: COUNCIL CONSIDERATION OF APPOINTMENT/REAPPOINTMENT OF A REPRESENTATIVE TO THE GREATER
LOS ANGELES COUNTY VECTOR CONTROL DISTRICT
BOARD OF TRUSTEES
SUMMARY: Per the Greater Los Angeles County Vector Control District Board of Trustees (GLACVCD) the term of office for Trustee Hector Delgado as a member of the Board is set to expire on January 1, 2024. Pursuant to Section 2024 of the State Health and Safety Code (SHSC) governing the dates of term of office of members appointed to the Board of Trustees, the City Council may consider reappointing Trustee Delgado or appointing a new trustee for a two or four-year term of the office, commencing at noon on the first Monday of January (i.e., January 1, 2024).
RECOMMENDED ACTION: Staff recommends City Council consider re-appointing Trustee Hector Delgado to a two or four-year term commencing on January 1, 2024.
FISCAL/FINANCIAL IMPACT: None.
DISCUSSION: City Council at a regular meeting held Tuesday, November 9, 2021, reappointed Councilmember Hector Delgado to the Greater Los Angeles County Vector Control District Board of Trustees for a two-year term which commenced on January 3, 2022. The current term is set to expire January 1, 2024.
ATTACHMENT(S):
A. Letter from GLACVCD dated September 28, 2023
City Council Agenda Report
Agenda Item No. 9.b.
DATE: November 28, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Iyob Tessema, Interim Director of Human Resources & Risk Management
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
23-111, ADOPTING A PEPPER SPRAY POLICY
SUMMARY: Staff is requesting the City Council consider adopting a pepper spray policy that allows for the use of pepper spray by code enforcement and public safety officers in certain limited self-defense situations. If this policy is approved by the City Council, city management will complete a required meet and confer with the bargaining unit for code enforcement officers. Next, code enforcement and public safety officers would receive training before being authorized to carry pepper spray.
RECOMMENDED ACTION: Staff has identified the following options for City Council consideration:
1. Consider adopting Resolution No. 23-111, adopting a policy allowing city code enforcement officers to receive training to carry and use pepper spray in certain limited self-defense situations;
2. Not approve the Pepper Spray Policy; or
3. Continue the item and provide additional directions for staff.
FISCAL/FINANCIAL IMPACT: There is no fiscal impact.
DISCUSSION: The City's code enforcement officers have requested that they be allowed by the City the option to carry pepper spray, after being trained for its use and in order to protect themselves in certain limited self-defense situations. Code enforcement officers have reported to city management that the need to protect themselves has become increasingly necessary in the performance of their duties for the City.
Prior to the issuance of pepper spray devices, Code Enforcement and Safety Officers will be required to take training offered by JPIA. The training involves the use of a qualified trainer that will demonstrate the proper use of the pepper spray and go over different selfdefence scenarios. The trainer will go over proper deescalation tactics that can be used before the need to use pepper spray.
Agency-authorized employees shall only possess pepper spray canisters that have been approved and issued by the City and may only use them while on duty and in accordance with the City policy and procedures. Employees shall use only the amount of pepper spray necessary to achieve the desired effects. Once the desired effects are achieved, employees shall discontinue the use of pepper spray.The employee must report discharge of pepper spray to the immediate supervisor, and also complete a written incident report of discharge of pepper spray and submit it to the employee’s Human Resources Department as soon as possible and when safe to do so.
ATTACHMENT(S):
A. Resolution No. 23-111
B. Exhibit A-Pepper Spray Policy
ATTACHMENT A
RESOLUTION NO. 23-111
A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL
ADOPTING A POLICY ALLOWING CITY CODE
ENFORCEMENT OFFICERS TO RECEIVE TRAINING TO
CARRY AND USE PEPPER SPRAY IN CERTAIN LIMITED
SELF-DEFENSE SITUATIONS.
WHEREAS, the City of South El Monte (the “City”) received a formal request by Code Enforcement Officers to be allowed by the City to carry pepper spray to protect themselves from potential physical altercation that may arise during the performance of their duties for the city; and WHEREAS, the City of South El Monte (the “City”) has to provide necessary training to its Code Enforcement Officers before they are allowed to carry pepper spray in their line of work; and
WHEREAS, the approval of the aforementioned pepper spray policy is subject to final approval through labor negotiations as a meet and confer item; and WHEREAS, the City Council finds that it is in the best interests of the City to adopt this pepper spray policy in furtherance of public health, safety and welfare including to provide code enforcement services in the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH EL MONTE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The aforementioned recitals are incorporated herein by reference as set forth in full herein.
SECTION 2. The City Council hereby adopts the Pepper Spray Policy attached hereto as Exhibit A, and made part of this Resolution, and that said exhibit is hereby approved and adopted.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 28th day of November 2023.
_____________________________
Gloria Olmos, Mayor
ATTEST:
_________________________
Donna G. Schwartz, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF SOUTH EL MONTE )
I, Donna G. Schwartz, City Clerk of the City of South El Monte, hereby certify that the foregoing Resolution, being Resolution No. 23-111 was duly passed and approved by the City Council of the City of South El Monte at a regular meeting of said Council held on the 28th day of November 2023, and that said Resolution was adopted by the following vote:
AYES: Councilmember(s):
NOES: Councilmember(s):
ABSENT: Councilmember(s):
ABSTAIN: Councilmember(s):
________________________________
Donna G. Schwartz, City Clerk
Attachment B
Exhibit A to Resolution No. 23-111
PEPPER SPRAY POLICY AND PROCEDURES
I. POLICY
Pepper spray defense is intended and designed to be used as a disabling agent, to attempt to stop attacks with less than lethal force.
Pepper spray contains Oleoresin Capsicum (“OC”), which is a naturally occurring mixture of oil and resin that is extracted from various tropical pepper plants.
In accordance with California Penal Code Section 22810, any person may purchase, possess, or use pepper spray, solely for self-defense purposes and subject to various restrictions. For example, no person convicted of a felony or any crime involving an assault, or a person addicted to any narcotic drug shall own, possess, or use pepper spray. However, no employee is authorized to use pepper spray during the course and scope of their employment unless specifically authorized by the City of South El Monte (hereinafter referred to as “the City”) to do so.
Only employees who have successfully completed a pepper spray education and training certification course approved by the City may be authorized to possess pepper spray in the course of their work.
Agency-authorized employees shall only possess pepper spray canisters that have been approved and issued by the City and may only use them while on duty and in accordance with the City policy and procedures.
The use of City-issued pepper spray by authorized City employees is restricted to:
1. Defensive purposes when protecting oneself from personal injury and/or to stop further physical injury to oneself or to others but only after all non-violent alternative methods and/or defensive procedures have been exhausted, in compliance with California Penal Code Sections 692, 693, and 694;
2. Responding to the direct order of a law enforcement officer; or
3. Coming to the aid or assistance of a law enforcement officer who is not able to give a direct order.
All incidents where pepper spray is deployed shall be documented and reported.
II. PROCEDURES
A. Authorization
The Human Resources/Risk Management Director should complete and document an assessment of job classifications and duties to determine the classifications approved to carry and use pepper spray.
After completing an assessment, the City has determined the following job classifications qualify for the carry and use of pepper spray:
Code Enforcement Supervisor
Code Enforcement Officer
Public Safety Officer
Employees who have been authorized by the Director of Human Resources/Risk Management Director in consultation with the City Manager may carry and use pepper spray in the course of their employment, consistent with the City’s policy.
1. Only employees who have successfully completed a pepper spray education and training certification approved by the City may be authorized to possess pepper spray in the course of their work.
2. Proof of pepper spray education and training shall be maintained in the employee’s personnel file at all times.
3. An employee whose pepper spray education and training certification has expired is not allowed to possess pepper spray while on duty. Each employee is responsible for maintaining their pepper spray education and training certification.
4. Request for pepper spray education and training shall be made to the employee’s Department Head. Priority for education and training shall be given to those employees who face an increased risk of aggression and/or violence due to the nature of their work duties (e.g., contact with disgruntled or aggressive people, working alone, working in high-crime areas, etc.).
5. Authorization to possess pepper spray while on duty may be revoked at any time at the discretion of the employee’s Department Head.
Exemptions:
1. If an employee has a medical condition or disability that affects the employee’s ability to use pepper spray, the employee should advise Human Resources of these limitations, and the Agency will engage in a good faith, interactive process to determine what, if any, reasonable accommodation(s)
can be provided to the employee. The employee will be required to provide documentation from their healthcare provider that articulates the limitations.
2. When the City determines that circumstances make it unnecessary to mandate carrying pepper spray.
B. Pepper Spray Type
The City shall consider each employee’s specific working conditions when selecting the appropriate pepper spray delivery method (e.g., stream, cone, vapor, fogger, foam, gel, spray, etc.).
C. Pepper Spray Usage
Employees shall use only the amount of pepper spray necessary to achieve the desired effects. Once the desired effects are achieved, employees shall discontinue the use of pepper spray.
1. If possible, an employee should avoid and/or withdraw from an aggressive and/or violent situation and call law enforcement or animal control to assist in keeping the peace while the employee’s work is performed.
2. If avoidance or withdrawal is not possible, the employee shall attempt to escape.
3. If the employee is unable to escape and other non-violent alternative methods have failed or would be ineffective, and an attack is imminent, then the employee is justified in using pepper spray for the purpose outlined herein.
4. An employee shall not attempt to restrain an individual or animal that has been sprayed unless no other choice is available.
D. Pepper Spray Storage
City-issued pepper spray shall be stored in a secure location and left at work when not on duty.
E. Reporting the Use of Pepper Spray
All incidents where pepper spray is deployed shall be documented and reported to a supervisor.
Any City employee against whom violence or any threat of violence has been directed in the workplace shall notify their supervisor as soon as it is safe to do so.
In the event that an employee uses pepper spray in the course of their work, the employee shall contact the appropriate law enforcement agency as soon as it is safe to do so.
The employee must also complete a written incident report of discharge of pepper spray and submit it to the employee’s Human Resources Department as soon as possible and when safe to do so.
F. Inspection and Replacement
1. Pepper spray devices shall be maintained in an operational and charged state by authorized employees or vendors.
2. Employees are responsible for following the manufacturer’s instructions for the care, storage, and disposal of the pepper spray container.
3. Employees are responsible for requesting replacement of a damaged, inoperable, or empty device.
G. Pepper Spray Decontamination Considerations
Medical assistance shall be promptly procured or provided for injured persons.
Typically, decontamination of a subject will be done by responding law enforcement, firefighters, paramedics, and/or emergency medical technicians. If first responders are not immediately available, employee shall at all times have a bottle of clean water available to supply to the affected person to cleanse the affected areas.
H. Training and Education
Annual pepper spray refresher training is recommended, as recertification is required every two years.
Refresher training within two months of an event is recommended for any City employee who uses pepper spray while on duty and during a self-defense situation.
I. Other Considerations
Employee assistance. Short-term counseling may help, including employee assistance program (EAP) referral services for employees and their household members.
Employee Acknowledgement of the Agency’s Pepper Spray Use Policy I hereby acknowledge that I have read, understand, and agree to follow the directions and procedures described in the following documents:
1. City of South El Monte Pepper Spray Use Policy
2. Oleoresin Capsicum (pepper spray) product label
Date: _______________________
Employee Printed Name: ___________________________________________ Employee Signature: ___________________________________________
REFERENCES
California Penal Code, Section 692
California Penal Code, Section 693
California Penal Code, Section 694
California Penal Code, Section 22810
SAMPLE INCIDENT REPORT
Employee Name: Click or tap here to enter text.
Employee Department and Classification: Click or tap here to enter text.
Employee’s Supervisor: Click or tap here to enter text.
Date of Incident: Click or tap here to enter text.
Time of Incident: Click or tap here to enter text.
Type of Pepper Spray Used: Click or tap here to enter text.
Where did incident occur? Click or tap here to enter text.
Address where incident occurred: Click or tap here to enter text.
Business Name, if applicable: Click or tap here to enter text.
Type of business: Click or tap here to enter text.
Name(s) of parties involved in incident: Click or tap here to enter text.
Did law enforcement take a report? ☐ Yes ☐ No
If yes, name of agency: Click or tap here to enter text.
Report number: Click or tap here to enter text.
Did law enforcement issue a citation or make an arrest? ☐ Yes ☐ No Witness(es):
Name and address: Click or tap here to enter text.
Name and address: Click or tap here to enter text.
Details of incident:
Describe circumstances leading to the use of pepper spray. Identify all participants involved in incident. Include any injuries, deaths, damages to all individuals and/or property.
Click or tap here to enter text.
I hereby declare under penalty of perjury, under the laws of the State of California, that the statements in this report are true and correct. I understand that all statements herein are subject to investigation.
Employee Signature:
City Council Agenda Report
Agenda Item No. 11.a.
DATE: November 28, 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: LETTER FROM EPIPHANY CATHOLIC CHURCH
REQUESTING A FEE WAIVER FOR A TEMPORARY USE
PERMIT AND CITY STAFF TIME FOR THEIR ANNUAL OUR
LADY OF GUADALUPE PILGRIMAGE WALK
SUMMARY: Epiphany Church is requesting a fee waiver for a Temporary Use Permit (TUP) and City staff time dedicated to public safety support for its annual pilgrimage walk during the "Our Lady of Guadalupe" processions, scheduled from Sunday, December 3, 2023, through Monday, December 11, 2023.
RECOMMENDED ACTION: Staff recommends City Council to discuss and consider approving the fee waiver request submitted by Epiphany Catholic Church, totaling $3,053.
FISCAL/FINANCIAL IMPACT: The fiscal impact of this action is to waive $3,053, compromising two components. The first is the fee associated with the Temporary Use Permit (TUP) amounting to $1,250. The second is $1,803 for City personnel labor costs dedicated to public safety purposes.
DISCUSSION: Epiphany Catholic Church annually hosts a pilgrimage for parishioners, celebrating the "Our Lady of Guadalupe" event. This year's nine-day event will run from December 3, 2023, to December 11, 2023. The pilgrimage walk will start at different times between 5:00pm and 5:45pm. The route covers various streets and extends for up to two hours. In support of these processions, Epiphany is seeking a fee waiver for the temporary use permit and the associated public safety staff time required to support the procession.
The work schedules of public safety and code enforcement officers will be modified to minimize the utilization of overtime when feasible to implement a traffic detail assistance plan to provide a safe route and to ensure the safety of participants. Epiphany Church completed and submitted a temporary use permit application that is compliant with the City’s Municipal Code. The church also submitted their certificate of liability insurance for the procession with the City identified as additionally insured. The temporary use permit
includes conditions the applicant shall follow to maintain compliance within the issued permit. Epiphany Church collaborated with City staff to establish a secure route for the procession, ensuring the safety of participants, the general public and South El Monte residents.
Staff report prepared by Andrés González, Senior Public Works Analyst.
ATTACHMENT(S):
A. Letter from Epiphany Catholic Church
B. Certificate of Liability Insurance
C. Procession Route 2023
ATTACHMENT A
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:
PRODUCER
(A/C, No, Ext): PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR WVDADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
11/10/2023
Arthur J. Gallagher Risk Management Services, LLC
595 Market Street
Suite 2100
San Francisco CA 94105
Jenny Borino 415-546-9300 415-536-8499 [email protected] License#: 0D69293 Safety National Casualty Corporation 15105 Archdiocese of LA Ins Company Roman Catholic Archbishop of Los Angeles,
a Corporation Sole
3424 Wilshire Boulevard
Los Angeles CA 90010
Munich-American Holding Corporation 80148108
B
C
X 10,000,000 X INCLUDED 5,000 10,000,000 10,000,000 X
ALAIC-2023-0001
N2A3FF000001211
7/1/2023
7/1/2023
7/1/2024
7/1/2024
INCLUDED LIQUOR LIABILITY INCLUDED
B
C
10,000,000 X
ALAIC-2023-0001
N2A3FF000001211
7/1/2023
7/1/2023
7/1/2024
7/1/2024
INCLUDED
A SP4067724 1/1/2023 1/1/2024
X
2,000,000 2,000,000 2,000,000
Workers' Compensation limit is inclusive of $1M retention. Auto Physical Damage deductible $300.
RE: Church of the Epiphany, 10911 Michael Hunt Dr., South El Monte, CA 91733 with respect to Processions from different parts of the parish to the parish church in annual novena celebration of Our Lady of Guadalupe on December 3-11, 2023 (30-45 minutes walk) beginning at 5:00 or 5:30 pm. City of South El Monte 1415 Santa Anita Avenue
South El Monte CA 91733
ATTACHMENT B
OUR LADY OF GUADALUPE 2023 PROCESSION ROUTE—EPIPHANY CATHOLIC CHURCH
DATE SECTOR COORDINATOR
INFORMATION
TIME
OF
MEET
STARTING POINT PRECESSION
ROUTE
MUSIC
FOR
PROCESSION
CAR
FLOAT
Sunday
12/03/22
#1 & #4 Araceli Angon
(626) 201-1863
(626) 444-5900
5:45 pm Burger Zone Parking lot
1603 Durfee Ave, South
El Monte, CA
*Michael Hunt Dr. Yes Yes
Monday
12/04/22
#2 Rosa Ramirez
(626) 216-6859
Juanita Vasquez
(626) 444-1437
5:20 pm 1715 Burkett Rd.
South El Monte, CA
*Burkett Rd.
*Thienes Ave.
*Cogswell Rd.
*Michael Hunt Dr.
Yes Yes
Tuesday
12/05/22
#3 Isabel Cervantez
626-500-5804
Rosario Acevez
(626) 539-6286
5:00 pm 2121 Parkway Dr.
El Monte, CA
*Thienes Ave.
* Cogswell Rd.
*Michael Hunt Dr.
Yes Yes
Wednesday
12/06/22
#5 Juvenal Juarez
(626) 665-2866
5:00 pm 2907 Allgeyer Ave.
El Monte, CA
*Magnolia St.
*Mount View Rd.
*Rush St.
*Cogswell Rd.
*Michael Hunt Dr.
Yes Yes
Thursday
12/07/22
#6 Felipa & Refugio
Elizarraras
(626) 421-5177
5:00 pm Floradale Ave
Corner of
Klingerman St.
*Klingerman St.
*Mountview Rd.
*Rush St
*Cogswell Rd.
*Michael Hunt Dr.
Yes Yes
Friday
12/08/22
#8 Amalia Popoca
(626) 426-7633
Adrian Ruiz
5:00 pm Elliot Ave.
Corner of
Fern St.
*Central Ave.
*Vacco St.
*Michel Hunt Dr.
Yes Yes
ATTACHMENT C
OUR LADY OF GUADALUPE 2023 PROCESSION ROUTE—EPIPHANY CATHOLIC CHURCH Saturday
12/09/22
#9 & #10 Maria Piceno
(626) 444-7524
(626) 353-9457
5:30 pm Central Ave.
Corner of
Lidcombe Ave.
*Lidcombe Ave.
*Michael Hunt Dr.
Yes Yes
Sunday
12/10/22
#11 Rosa Carrillo
(562) 241-5177
Maria Rodarte
(323) 423-6074
5:30 pm Shell Gas Station
1130 Peck Rd,
South El Monte, CA
91733
*Peck Rd
*Michael Hunt Dr.
Yes Yes
Monday
12/11/22
#12 Alicia Rodriguez
(626) 295-0663
Tavi Rosales
(626) 230-2473
5:30 pm 2435 Central Ave.
South El Monte, CA
*Vaco St
*Michael Hunt
Yes Yes
City Council Agenda Report
Agenda Item No. 12.a.
DATE: November 28, 2023
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY:
SUBJECT: MAYOR GLORIA OLMOS
1. Palm Tree Lights in the City
RECOMMENDATION: Discussion and/or action.
2. Safety Precautions on Michael Hunt/Pennmar and
Fawcett/Santa Anita
RECOMMENDATION: Discussion and/or action.
SUMMARY:
RECOMMENDED ACTION:
FISCAL/FINANCIAL IMPACT:
DISCUSSION:
ATTACHMENT(S):
None
Successor Agency Agenda Report
Agenda Item No. 19.a.
DATE: November 28, 2023
TO: Honorable Chairperson and Members of the Board
APPROVED BY: Rene Salas, Executive Director
SUBMITTED BY: Donna Schwartz, City Clerk
SUBJECT: CONSIDERATION AND APPROVAL OF THE SUCCESSOR
AGENCY MEETING MINUTES FOR OCTOBER 24, 2023
SUMMARY: Staff is requesting approval of the Minutes of the October 24, 2023 Successor Agency Meeting.
RECOMMENDED ACTION: Staff recommends the Board approve the Successor Agency Meeting Minutes of October 24, 2023.
FISCAL/FINANCIAL IMPACT:
DISCUSSION:
ATTACHMENT(S):
A. DRAFT SA Minutes 10-24-23
ATTACHMENT A
CITY OF SOUTH EL MONTE
SUCCESSOR AGENCY MEETING MINUTES
Tuesday, October 24, 2023 - 6:00 p.m.
1415 Santa Anita Ave., South El Monte, CA 91733
Successor Agency Meeting Immediately Followed Regular City Council Meeting
ANNOUNCEMENT BY THE CITY CLERK (PRIOR TO CONVENING THE SUCCESSOR
AGENCY MEETING)
Pursuant to Government Code Section 54952.3, Board Members do not receive any compensation or stipend for attending the Successor Agency meeting Chair Olmos called the meeting to order at 7:48 p.m.
16. CALL TO ORDER AND ROLL CALL
PRESENT: Board Member(s): Acosta, Bojorquez, Delgado, Vice Chair Angel, and Chair Olmos.
ABSENT: Board Member(s): None.
STAFF PRESENT: Rene Salas, Executive Director; Anthony R. Taylor, General Counsel; Donna G. Schwartz, Secretary, and Robert Molina, Interim Deputy City Clerk.
STAFF ABSENT: Paola Lara, Deputy City Clerk.
Zoom was provided for the Public to participate during public comment via teleconference.
17. APPROVAL OF AGENDA
A motion was made by Board Member Delgado, seconded by Vice Chair Angel to approve the agenda. Motion carried 5-0, by the following vote:
AYES: Board Member(s): Acosta, Bojorquez, Delgado, Vice Chair Angel, and Chair Olmos
NAYS: Board Member(s): None.
ABSENT: Board Member(s): None.
18. PUBLIC COMMENTS – NONE.
19. CONSENT CALENDAR
A motion was made by Vice Chair Angel, seconded by Board Member Delgado to approve the agenda. Motion carried 5-0, by the following vote:
AYES: Board Member(s): Acosta, Bojorquez, Delgado, Vice Chair Angel, and Chair Olmos
NAYS: Board Member(s): None.
19.a. Approved the Regular Successor Agency Meeting Minutes of September 26, 2023.
19.b. Approved going dark on Tuesday, December 26, 2023, due to the Christmas holiday.
20. EXECUTIVE DIRECTOR'S AGENDA – None
21. ADJOURNMENT OF SUCCESSOR AGENCY MEETING
There being no further business coming before this body, at 7:51 p.m. Chair Olmos adjourned the meeting.
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Donna G. Schwartz, Secretary Gloria Olmos, Chair