3 Project Team
Colby Cataldi
Community Development
Director
Ian McAleese
City Project Manger
Elizabeth Dickson
Project Manager
Erika Van Sickel
Lead Planner
Angie Hernandez
Community Development
Executive Assistant
4 Overview
Project Overview
Local Context
Next Steps
Discussion
01 02
03 04
3 4
5 01 Project Overview
6 What is the General Plan?
5 6
7 What is the Housing Element?
A set of goals, policies, and actions that address the housing needs of all current and anticipated residents at all income levels over eight‐years (2021‐2029)
8 What is the purpose of the Housing Element?
Housing Needs
Fair Housing Analysis
Development Barriers
Available Land and Infrastructure
Goals, Policies, and Actions
7 8
9 02 Local Context
10 How is the housing need determined?
Determination
of "fair share" for each
region starts with the State
The Southern California Association of
Governments (SCAG) determines the
allocation within their 6 counties
9 10
11 How many housing units does South El Monte have to plan for? Imperial, 15,933
Los Angeles, 812,060 Orange, 183,861
Riverside, 167,351
San Bernardino,
138,110
Imperial
Los Angeles
Orange
Riverside
San Bernardino
577 Units
Los Angeles,
812,060 South El Monte,
577
Los Angeles South El Monte
and a buffer
12 What does the data show?
1970-1980 New 1Unit Per
1.74 Persons
Added
1990-2000 New 1Unit Per
4.52 Persons
Added
2010-2018 New 1Unit Per
3.32 Persons
Added
11 12
13 What does the data show?
Overcrowding
• Within Households
Changing
Population
• Changing Needs
• Older adults
Affordability
• Housing
Overpayment
Housing Options
• Housing Supply
• Low Vacancy
14 03 Next Steps
13 14
15 Housing Element Timeline
Phase 1
• Work with
regional
agency to
determine
housing
need
• Initiate
public
outreach
Phase 2
• Evaluate
existing
conditions
• Review
existing
plans and
programs
Phase 3
• Outreach
• Prepare
Draft
Housing
Element
Phase 4
• Public
Review
• State
Preliminary
Review
• Public
Hearings
Phase 5
• Final State
Review and
Certification
Ongoing Public Engagement
Jan. – Feb. 2021 Jan. – May 2021 April ‐ July 2021 July – Oct. 2021 Oct. 2021 – Jan. 2022 16 04 Discussion
15 16
17 Thank You
Further Questions?
Contact:
Ian McAleese, Assistant Planner
[email protected]
17
Page | 8 City of South El Monte Appendix F: Community Engagement
9.3 Online Survey Results
The responses and individual results of the online survey are provided below [Exhibit C].
City of South El Monte Housing Element Survey
1 / 36
Q1
What is your interest in housing in South El Monte? Check all that apply.
I am a current resident
Q2
How long have you lived in South El Monte?
10+ years
Q3
What is your age range
65+
Q4
How would you rate the physical condition of the home you live in?
Needs one or more major upgrade (e.g. new foundation,
new plumbing, new electrical, etc.)
Q5
Why have you chosen to live in South El Monte? Select all that apply.
Affordability,
Other (please specify):
n.a
Q6
Do you own or rent your home?
Own
Q7
If you wish to own a home in South El Monte, but do not, what issues are preventing you at this time? Mark all that apply.
I cannot currently find a home that suits my quality
standards
Q8
Select the type of housing that best describes your current living situation.
Single family home
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Exhibit C
City of South El Monte Housing Element Survey
2 / 36
Q9
Which best describes your household type?
Couple (no children in the home)
Q10
What type of housing is most needed in South El Monte?
Single family
Q11
What do you believe are the most urgent housing concern in South El Monte (select up to 3)?
Housing affordability,
Homelessness,
Overcrowding
Q12
What do you believe is the best way to address the living and housing needs of older adults or seniors?
Offer more rent-restricted, affordable senior housing
Q13
Sometimes changes in living conditions or a neighborhood may threaten to displace people from their home. Which is the most pressing displacement concern (select up to 3)? Sudden rent increase,
Maintenance issues not fixed,
Long-term residents can’t stay in community
Q14
The City of South El Monte is required to plan
for 577 additional housing units. What do you think is the best strategy for accommodating these homes? Mark all
that apply.
Allow more housing in single-family neighborhoods
City of South El Monte Housing Element Survey
3 / 36
Q1
What is your interest in housing in South El Monte? Check all that apply.
I am a current resident
Q2
How long have you lived in South El Monte?
10+ years
Q3
What is your age range
45-64
Q4
How would you rate the physical condition of the home you live in?
Needs one or more major upgrade (e.g. new foundation,
new plumbing, new electrical, etc.)
Q5
Why have you chosen to live in South El Monte? Select all that apply.
Born and raised here
Q6
Do you own or rent your home?
Own
Q7
If you wish to own a home in South El Monte, but do not, what issues are preventing you at this time? Mark all that apply.
Other/Does not apply to me (please specify):
I am a homeowner
Q8
Select the type of housing that best describes your current living situation.
Single family home
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City of South El Monte Housing Element Survey
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Q9
Which best describes your household type?
Multi-generational (3 or more generations in the same
home)
Q10
What type of housing is most needed in South El Monte?
Single family
Q11
What do you believe are the most urgent housing concern in South El Monte (select up to 3)?
Housing proximity to services and resources or high
paying jobs
,
Housing quality
Q12
What do you believe is the best way to address the living and housing needs of older adults or seniors?
Provide retrofitting assistance to make homes more
age-friendly
Q13
Sometimes changes in living conditions or a neighborhood may threaten to displace people from their home. Which is the most pressing displacement concern (select up to 3)? I'm not sure/Other (please specify):
Not sure
Q14
The City of South El Monte is required to plan
for 577 additional housing units. What do you think is the best strategy for accommodating these homes? Mark all
that apply.
Allow more housing in single-family neighborhoods,
Increase opportunities for backyard units (i.e. Granny
flats or Accessory Dwelling Units)
City of South El Monte Housing Element Survey
5 / 36
Q1
What is your interest in housing in South El Monte? Check all that apply.
I am a current resident,
I own property in South El Monte
Q2
How long have you lived in South El Monte?
2-5 years
Q3
What is your age range
25-44
Q4
How would you rate the physical condition of the home you live in?
Shows signs of minor deferred maintenance (e.g.
peeling paint, chipped stucco, etc.)
Q5
Why have you chosen to live in South El Monte? Select all that apply.
Close to family and friends,
Affordability,
City services and programs,
Close to work
Q6
Do you own or rent your home?
Own
Q7
If you wish to own a home in South El Monte, but do not, what issues are preventing you at this time? Mark all that apply.
Other/Does not apply to me (please specify):
Have home
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Q8
Select the type of housing that best describes your current living situation.
Single family home
Q9
Which best describes your household type?
Living alone
Q10
What type of housing is most needed in South El Monte?
Single family
Q11
What do you believe are the most urgent housing concern in South El Monte (select up to 3)?
Housing affordability,
Housing availability,
Homeownership
Q12
What do you believe is the best way to address the living and housing needs of older adults or seniors?
Support construction of more retirement communities
Q13
Sometimes changes in living conditions or a neighborhood may threaten to displace people from their home. Which is the most pressing displacement concern (select up to 3)? Neighborhood businesses closing
Q14
The City of South El Monte is required to plan
for 577 additional housing units. What do you think is the best strategy for accommodating these homes? Mark all
that apply.
Increase housing opportunities along commercial
corridors
,
Allow more housing in single-family neighborhoods,
Increase opportunities for backyard units (i.e. Granny
flats or Accessory Dwelling Units)
City of South El Monte Housing Element Survey
7 / 36
Q1
What is your interest in housing in South El Monte? Check all that apply.
I am a current resident,
I own property in South El Monte
Q2
How long have you lived in South El Monte?
10+ years
Q3
What is your age range
45-64
Q4
How would you rate the physical condition of the home you live in?
Shows signs of minor deferred maintenance (e.g.
peeling paint, chipped stucco, etc.)
Q5
Why have you chosen to live in South El Monte? Select all that apply.
Close to family and friends,
Affordability
Q6
Do you own or rent your home?
Own
Q7
If you wish to own a home in South El Monte, but do not, what issues are preventing you at this time? Mark all that apply.
I cannot find a home within my target price range
Q8
Select the type of housing that best describes your current living situation.
Single family home
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Q9
Which best describes your household type?
Couple with children in the home
Q10
What type of housing is most needed in South El Monte?
Accessory Dwelling Units (granny flat or guest house)
Q11
What do you believe are the most urgent housing concern in South El Monte (select up to 3)?
Housing affordability,
Housing availability,
Homeownership
Q12
What do you believe is the best way to address the living and housing needs of older adults or seniors?
Provide housing payment assistance
Q13
Sometimes changes in living conditions or a neighborhood may threaten to displace people from their home. Which is the most pressing displacement concern (select up to 3)? Sudden rent increase,
Sudden lease termination,
Eviction
Q14
The City of South El Monte is required to plan
for 577 additional housing units. What do you think is the best strategy for accommodating these homes? Mark all
that apply.
Allow more housing in single-family neighborhoods,
Increase opportunities for backyard units (i.e. Granny
flats or Accessory Dwelling Units)
,
Increase density (e.g. allow taller buildings with more housing units)
City of South El Monte Housing Element Survey
9 / 36
Q1
What is your interest in housing in South El Monte? Check all that apply.
I am a current resident,
I work in South El Monte
Q2
How long have you lived in South El Monte?
10+ years
Q3
What is your age range
18-24
Q4
How would you rate the physical condition of the home you live in?
Needs one or more modest rehabilitation improvements
(e.g. new roof, new siding, etc.)
Q5
Why have you chosen to live in South El Monte? Select all that apply.
Born and raised here
Q6
Do you own or rent your home?
Own
Q7
If you wish to own a home in South El Monte, but do not, what issues are preventing you at this time? Mark all that apply.
Other/Does not apply to me (please specify):
already live in one
Q8
Select the type of housing that best describes your current living situation.
Single family home
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Q9
Which best describes your household type?
Couple with children in the home
Q10
What type of housing is most needed in South El Monte?
Single family
Q11
What do you believe are the most urgent housing concern in South El Monte (select up to 3)?
Housing affordability,
Housing availability,
Overcrowding
Q12
What do you believe is the best way to address the living and housing needs of older adults or seniors?
Locate senior housing where services are within
walking distance
Q13
Sometimes changes in living conditions or a neighborhood may threaten to displace people from their home. Which is the most pressing displacement concern (select up to 3)? Sudden rent increase,
Sudden lease termination,
Eviction
Q14
The City of South El Monte is required to plan
for 577 additional housing units. What do you think is the best strategy for accommodating these homes? Mark all
that apply.
Increase housing opportunities along commercial
corridors
,
Allow more housing in single-family neighborhoods,
Increase opportunities for backyard units (i.e. Granny
flats or Accessory Dwelling Units)
City of South El Monte Housing Element Survey
11 / 36
Q1
What is your interest in housing in South El Monte? Check all that apply.
I am a current resident
Q2
How long have you lived in South El Monte?
10+ years
Q3
What is your age range
25-44
Q4
How would you rate the physical condition of the home you live in?
Needs one or more major upgrade (e.g. new foundation,
new plumbing, new electrical, etc.)
Q5
Why have you chosen to live in South El Monte? Select all that apply.
Born and raised here,
Close to work
Q6
Do you own or rent your home?
Own
Q7
If you wish to own a home in South El Monte, but do not, what issues are preventing you at this time? Mark all that apply.
I cannot find a home within my target price range,
I currently do not have the financial resources for an
adequate monthly mortgage payment
Q8
Select the type of housing that best describes your current living situation.
Single family home
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Q9
Which best describes your household type?
Multi-generational (3 or more generations in the same
home)
Q10
What type of housing is most needed in South El Monte?
Single family
Q11
What do you believe are the most urgent housing concern in South El Monte (select up to 3)?
Housing affordability,
Overcrowding,
Gentrification
Q12
What do you believe is the best way to address the living and housing needs of older adults or seniors?
Provide housing payment assistance
Q13
Sometimes changes in living conditions or a neighborhood may threaten to displace people from their home. Which is the most pressing displacement concern (select up to 3)? Sudden rent increase,
Long-term residents can’t stay in community
Q14
The City of South El Monte is required to plan
for 577 additional housing units. What do you think is the best strategy for accommodating these homes? Mark all
that apply.
Allow more housing in single-family neighborhoods,
Increase opportunities for backyard units (i.e. Granny
flats or Accessory Dwelling Units)
City of South El Monte Housing Element Survey
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Q1
What is your interest in housing in South El Monte? Check all that apply.
I am a current resident
Q2
How long have you lived in South El Monte?
0-2 years
Q3
What is your age range
25-44
Q4
How would you rate the physical condition of the home you live in?
Needs one or more major upgrade (e.g. new foundation,
new plumbing, new electrical, etc.)
Q5
Why have you chosen to live in South El Monte? Select all that apply.
Close to family and friends
Q6
Do you own or rent your home?
Live with other household (neither own or rent)
Q7
If you wish to own a home in South El Monte, but do not, what issues are preventing you at this time? Mark all that apply.
I cannot find a home that suits my needs (e.g. size,
disability accommodations, etc.)
,
I do not currently have the financial resources for an
appropriate down payment
,
I cannot currently find a home that suits my quality
standards
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Q8
Select the type of housing that best describes your current living situation.
Single family home
Q9
Which best describes your household type?
Couple (no children in the home)
Q10
What type of housing is most needed in South El Monte?
Single family
Q11
What do you believe are the most urgent housing concern in South El Monte (select up to 3)?
Housing affordability,
Overcrowding,
Housing quality
Q12
What do you believe is the best way to address the living and housing needs of older adults or seniors?
Provide retrofitting assistance to make homes more
age-friendly
Q13
Sometimes changes in living conditions or a neighborhood may threaten to displace people from their home. Which is the most pressing displacement concern (select up to 3)? Eviction,
Maintenance issues not fixed,
Long-term residents can’t stay in community
Q14
The City of South El Monte is required to plan
for 577 additional housing units. What do you think is the best strategy for accommodating these homes? Mark all
that apply.
Increase housing opportunities along commercial
corridors
,
Allow more housing in single-family neighborhoods
City of South El Monte Housing Element Survey
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Q1
What is your interest in housing in South El Monte? Check all that apply.
I am a current resident
Q2
How long have you lived in South El Monte?
5-10 years
Q3
What is your age range
25-44
Q4
How would you rate the physical condition of the home you live in?
Shows signs of minor deferred maintenance (e.g.
peeling paint, chipped stucco, etc.)
Q5
Why have you chosen to live in South El Monte? Select all that apply.
Close to family and friends,
Affordability,
Quality of local schools,
Close to work,
Other (please specify):
Parks
Q6
Do you own or rent your home?
Own
Q7
If you wish to own a home in South El Monte, but do not, what issues are preventing you at this time? Mark all that apply.
I cannot find a home within my target price range
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Q8
Select the type of housing that best describes your current living situation.
Single family home
Q9
Which best describes your household type?
Couple with children in the home
Q10
What type of housing is most needed in South El Monte?
Single family
Q11
What do you believe are the most urgent housing concern in South El Monte (select up to 3)?
Housing proximity to services and resources or high
paying jobs
,
Housing quality,
Homeownership
Q12
What do you believe is the best way to address the living and housing needs of older adults or seniors?
Connect seniors to creative living scenarios (e.g.,
shared living spaces)
Q13
Sometimes changes in living conditions or a neighborhood may threaten to displace people from their home. Which is the most pressing displacement concern (select up to 3)? Sudden rent increase,
Eviction,
Maintenance issues not fixed
Q14
The City of South El Monte is required to plan
for 577 additional housing units. What do you think is the best strategy for accommodating these homes? Mark all
that apply.
Increase housing opportunities along commercial
corridors
,
Increase opportunities for backyard units (i.e. Granny
flats or Accessory Dwelling Units)
,
Increase density (e.g. allow taller buildings with more housing units)
City of South El Monte Housing Element Survey
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Q1
What is your interest in housing in South El Monte? Check all that apply.
I am a current resident
Q2
How long have you lived in South El Monte?
10+ years
Q3
What is your age range
45-64
Q4
How would you rate the physical condition of the home you live in?
Shows signs of minor deferred maintenance (e.g.
peeling paint, chipped stucco, etc.)
Q5
Why have you chosen to live in South El Monte? Select all that apply.
Affordability
Q6
Do you own or rent your home?
Own
Q7
If you wish to own a home in South El Monte, but do not, what issues are preventing you at this time? Mark all that apply.
Other/Does not apply to me (please specify):
I own
Q8
Select the type of housing that best describes your current living situation.
Single family home
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Q9
Which best describes your household type?
Couple with children in the home
Q10
What type of housing is most needed in South El Monte? None, the last multifamily building did not add enough parking and now they are swamping the street. Leaving their trash and leaving no space to park in the street. NOT
ACCEPTABLE!!!
Other (please specify):
Q11
What do you believe are the most urgent housing concern in South El Monte (select up to 3)?
Overcrowding,
Gentrification,
Other/Does not apply to me (please specify):
There is not enough water. There is not enough electricity.
Stop growth is there is not enough resources.
Q12
What do you believe is the best way to address the living and housing needs of older adults or seniors?
No need, you are only burdening the tax payer which will refuse to want to live in South El Monte.
Other (please specify):
Q13
Sometimes changes in living conditions or a neighborhood may threaten to displace people from their home. Which is the most pressing displacement concern (select up to 3)? I'm not sure/Other (please specify):
This question is too vague. In regards to question 14, the City of South El Monte should not add additional housing.
But if they are forced by the county, they eminent domain Lake Lake park and convert it it to a high rise building with multi-use shopping. I choose none for question 14.
Q14
The City of South El Monte is required to plan
for 577 additional housing units. What do you think is the best strategy for accommodating these homes? Mark all
that apply.
Allow more housing in single-family neighborhoods
City of South El Monte Housing Element Survey
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Q1
What is your interest in housing in South El Monte? Check all that apply.
I am a current resident
Q2
How long have you lived in South El Monte?
10+ years
Q3
What is your age range
25-44
Q4
How would you rate the physical condition of the home you live in?
Needs one or more major upgrade (e.g. new foundation,
new plumbing, new electrical, etc.)
Q5
Why have you chosen to live in South El Monte? Select all that apply.
Close to family and friends
Q6
Do you own or rent your home?
Rent
Q7
If you wish to own a home in South El Monte, but do not, what issues are preventing you at this time? Mark all that apply.
I do not currently have the financial resources for an
appropriate down payment
,
I currently do not have the financial resources for an
adequate monthly mortgage payment
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Q8
Select the type of housing that best describes your current living situation.
Single family home
Q9
Which best describes your household type?
Couple with children in the home
Q10
What type of housing is most needed in South El Monte?
Single family
Q11
What do you believe are the most urgent housing concern in South El Monte (select up to 3)?
Housing affordability,
Housing availability,
Homelessness
Q12
What do you believe is the best way to address the living and housing needs of older adults or seniors?
Provide housing payment assistance
Q13
Sometimes changes in living conditions or a neighborhood may threaten to displace people from their home. Which is the most pressing displacement concern (select up to 3)? Maintenance issues not fixed
Q14
The City of South El Monte is required to plan
for 577 additional housing units. What do you think is the best strategy for accommodating these homes? Mark all
that apply.
Increase opportunities for backyard units (i.e. Granny
flats or Accessory Dwelling Units)
City of South El Monte Housing Element Survey
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Q1
What is your interest in housing in South El Monte? Check all that apply.
I am a current resident,
I own property in South El Monte
Q2
How long have you lived in South El Monte?
10+ years
Q3
What is your age range
45-64
Q4
How would you rate the physical condition of the home you live in?
Needs one or more modest rehabilitation improvements
(e.g. new roof, new siding, etc.)
Q5
Why have you chosen to live in South El Monte? Select all that apply.
Close to family and friends
Q6
Do you own or rent your home?
Own
Q7
If you wish to own a home in South El Monte, but do not, what issues are preventing you at this time? Mark all that apply.
I cannot find a home within my target price range,
I currently do not have the financial resources for an
adequate monthly mortgage payment
,
I do not qualify for a loan
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Q8
Select the type of housing that best describes your current living situation.
Single family home
Q9
Which best describes your household type?
Couple with children in the home
Q10
What type of housing is most needed in South El Monte?
Single family
Q11
What do you believe are the most urgent housing concern in South El Monte (select up to 3)?
Housing affordability,
Overcrowding,
Housing quality
Q12
What do you believe is the best way to address the living and housing needs of older adults or seniors?
Provide housing payment assistance
Q13
Sometimes changes in living conditions or a neighborhood may threaten to displace people from their home. Which is the most pressing displacement concern (select up to 3)? Neighborhood businesses closing
Q14
The City of South El Monte is required to plan
for 577 additional housing units. What do you think is the best strategy for accommodating these homes? Mark all
that apply.
Allow more housing in single-family neighborhoods
City of South El Monte Housing Element Survey
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Q1
What is your interest in housing in South El Monte? Check all that apply.
I am a current resident,
I work in South El Monte
Q2
How long have you lived in South El Monte?
0-2 years
Q3
What is your age range
25-44
Q4
How would you rate the physical condition of the home you live in?
Shows signs of minor deferred maintenance (e.g.
peeling paint, chipped stucco, etc.)
Q5
Why have you chosen to live in South El Monte? Select all that apply.
Born and raised here,
Close to family and friends
Q6
Do you own or rent your home?
Rent
Q7
If you wish to own a home in South El Monte, but do not, what issues are preventing you at this time? Mark all that apply.
Other/Does not apply to me (please specify):
Will inherit home currently living in.
Q8
Select the type of housing that best describes your current living situation.
Single family home
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24 / 36
Q9
Which best describes your household type?
Couple with children in the home
Q10
What type of housing is most needed in South El Monte?
Accessory Dwelling Units (granny flat or guest house)
Q11
What do you believe are the most urgent housing concern in South El Monte (select up to 3)?
Housing quality
Q12
What do you believe is the best way to address the living and housing needs of older adults or seniors?
Support construction of more retirement communities
Q13
Sometimes changes in living conditions or a neighborhood may threaten to displace people from their home. Which is the most pressing displacement concern (select up to 3)? Neighborhood businesses closing
Q14
The City of South El Monte is required to plan
for 577 additional housing units. What do you think is the best strategy for accommodating these homes? Mark all
that apply.
Increase housing opportunities along commercial
corridors
,
Allow more housing in single-family neighborhoods,
Increase opportunities for backyard units (i.e. Granny
flats or Accessory Dwelling Units)
,
Increase density (e.g. allow taller buildings with more housing units)
City of South El Monte Housing Element Survey
25 / 36
Q1
What is your interest in housing in South El Monte? Check all that apply.
I am a current resident
Q2
How long have you lived in South El Monte?
10+ years
Q3
What is your age range
25-44
Q4
How would you rate the physical condition of the home you live in?
Needs one or more modest rehabilitation improvements
(e.g. new roof, new siding, etc.)
Q5
Why have you chosen to live in South El Monte? Select all that apply.
Born and raised here
Q6
Do you own or rent your home?
Own
Q7
If you wish to own a home in South El Monte, but do not, what issues are preventing you at this time? Mark all that apply.
I do not currently have the financial resources for an
appropriate down payment
Q8
Select the type of housing that best describes your current living situation.
Single family home
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Q9
Which best describes your household type?
Couple with children in the home
Q10
What type of housing is most needed in South El Monte?
Single family
Q11
What do you believe are the most urgent housing concern in South El Monte (select up to 3)?
Housing availability,
Overcrowding,
Homeownership
Q12
What do you believe is the best way to address the living and housing needs of older adults or seniors?
Offer more rent-restricted, affordable senior housing
Q13
Sometimes changes in living conditions or a neighborhood may threaten to displace people from their home. Which is the most pressing displacement concern (select up to 3)? Sudden rent increase,
Maintenance issues not fixed
Q14
The City of South El Monte is required to plan
for 577 additional housing units. What do you think is the best strategy for accommodating these homes? Mark all
that apply.
Allow more housing in single-family neighborhoods
City of South El Monte Housing Element Survey
27 / 36
Q1
What is your interest in housing in South El Monte? Check all that apply.
I am a current resident
Q2
How long have you lived in South El Monte?
10+ years
Q3
What is your age range
45-64
Q4
How would you rate the physical condition of the home you live in?
Shows signs of minor deferred maintenance (e.g.
peeling paint, chipped stucco, etc.)
Q5
Why have you chosen to live in South El Monte? Select all that apply.
Born and raised here,
Close to family and friends,
Close to work
Q6
Do you own or rent your home?
Live with other household (neither own or rent)
Q7
If you wish to own a home in South El Monte, but do not, what issues are preventing you at this time? Mark all that apply.
I cannot find a home within my target price range,
I do not currently have the financial resources for an
appropriate down payment
Q8
Select the type of housing that best describes your current living situation.
Accessory dwelling unit (granny flat or guest house)
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Q9
Which best describes your household type?
Multi-generational (3 or more generations in the same
home)
Q10
What type of housing is most needed in South El Monte?
Single family
Q11
What do you believe are the most urgent housing concern in South El Monte (select up to 3)?
Housing affordability
Q12
What do you believe is the best way to address the living and housing needs of older adults or seniors?
Offer more rent-restricted, affordable senior housing
Q13
Sometimes changes in living conditions or a neighborhood may threaten to displace people from their home. Which is the most pressing displacement concern (select up to 3)? Long-term residents can’t stay in community
Q14
The City of South El Monte is required to plan
for 577 additional housing units. What do you think is the best strategy for accommodating these homes? Mark all
that apply.
Increase housing opportunities along commercial
corridors
City of South El Monte Housing Element Survey
29 / 36
Q1
What is your interest in housing in South El Monte? Check all that apply.
I am a current resident
Q2
How long have you lived in South El Monte?
5-10 years
Q3
What is your age range
45-64
Q4
How would you rate the physical condition of the home you live in?
Shows signs of minor deferred maintenance (e.g.
peeling paint, chipped stucco, etc.)
Q5
Why have you chosen to live in South El Monte? Select all that apply.
Affordability
Q6
Do you own or rent your home?
Rent
Q7
If you wish to own a home in South El Monte, but do not, what issues are preventing you at this time? Mark all that apply.
I cannot find a home within my target price range,
I do not currently have the financial resources for an
appropriate down payment
Q8
Select the type of housing that best describes your current living situation.
Multifamily Home (Apartment or Condo)
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Q9
Which best describes your household type?
Couple with children in the home
Q10
What type of housing is most needed in South El Monte?
Condominiums (multifamily ownership)
Q11
What do you believe are the most urgent housing concern in South El Monte (select up to 3)?
Housing affordability,
Housing availability,
Homeownership
Q12
What do you believe is the best way to address the living and housing needs of older adults or seniors?
Offer more rent-restricted, affordable senior housing
Q13
Sometimes changes in living conditions or a neighborhood may threaten to displace people from their home. Which is the most pressing displacement concern (select up to 3)? Sudden rent increase,
Sudden lease termination
Q14
The City of South El Monte is required to plan
for 577 additional housing units. What do you think is the best strategy for accommodating these homes? Mark all
that apply.
Increase housing opportunities along commercial
corridors
,
Increase opportunities for backyard units (i.e. Granny
flats or Accessory Dwelling Units)
City of South El Monte Housing Element Survey
31 / 36
Q1
What is your interest in housing in South El Monte? Check all that apply.
I am a current resident
Q2
How long have you lived in South El Monte?
10+ years
Q3
What is your age range
25-44
Q4
How would you rate the physical condition of the home you live in?
Shows signs of minor deferred maintenance (e.g.
peeling paint, chipped stucco, etc.)
Q5
Why have you chosen to live in South El Monte? Select all that apply.
Born and raised here
Q6
Do you own or rent your home?
Own
Q7
If you wish to own a home in South El Monte, but do not, what issues are preventing you at this time? Mark all that apply.
Other/Does not apply to me (please specify):
Does not apply to me
Q8
Select the type of housing that best describes your current living situation.
Single family home
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Q9
Which best describes your household type?
Couple with children in the home
Q10
What type of housing is most needed in South El Monte?
Single family
Q11
What do you believe are the most urgent housing concern in South El Monte (select up to 3)?
Housing affordability,
Homelessness,
Housing quality
Q12
What do you believe is the best way to address the living and housing needs of older adults or seniors?
Locate senior housing where services are within
walking distance
Q13
Sometimes changes in living conditions or a neighborhood may threaten to displace people from their home. Which is the most pressing displacement concern (select up to 3)? Sudden rent increase,
Maintenance issues not fixed,
Long-term residents can’t stay in community
Q14
The City of South El Monte is required to plan
for 577 additional housing units. What do you think is the best strategy for accommodating these homes? Mark all
that apply.
Allow more housing in single-family neighborhoods,
Increase opportunities for backyard units (i.e. Granny
flats or Accessory Dwelling Units)
City of South El Monte Housing Element Survey
33 / 36
Q1
What is your interest in housing in South El Monte? Check all that apply.
I am a current resident,
I own property in South El Monte
Q2
How long have you lived in South El Monte?
2-5 years
Q3
What is your age range
25-44
Q4
How would you rate the physical condition of the home you live in?
Excellent condition
Q5
Why have you chosen to live in South El Monte? Select all that apply.
Quality of housing,
Close to work
Q6
Do you own or rent your home?
Own
Q7
If you wish to own a home in South El Monte, but do not, what issues are preventing you at this time? Mark all that apply.
Other/Does not apply to me (please specify):
Does not apply to me
Q8
Select the type of housing that best describes your current living situation.
Single family home
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Q9
Which best describes your household type?
Couple (no children in the home)
Q10
What type of housing is most needed in South El Monte?
Condominiums (multifamily ownership)
Q11
What do you believe are the most urgent housing concern in South El Monte (select up to 3)?
Overcrowding,
Homeownership
Q12
What do you believe is the best way to address the living and housing needs of older adults or seniors?
Connect seniors to creative living scenarios (e.g.,
shared living spaces)
Q13
Sometimes changes in living conditions or a neighborhood may threaten to displace people from their home. Which is the most pressing displacement concern (select up to 3)? Sudden rent increase
Q14
The City of South El Monte is required to plan
for 577 additional housing units. What do you think is the best strategy for accommodating these homes? Mark all
that apply.
Increase opportunities for backyard units (i.e. Granny
flats or Accessory Dwelling Units)
,
Increase density (e.g. allow taller buildings with more housing units)
City of South El Monte Housing Element Survey
35 / 36
Q1
What is your interest in housing in South El Monte? Check all that apply.
I own property in South El Monte
Q2
How long have you lived in South El Monte?
10+ years
Q3
What is your age range
45-64
Q4
How would you rate the physical condition of the home you live in?
Needs one or more major upgrade (e.g. new foundation,
new plumbing, new electrical, etc.)
Q5
Why have you chosen to live in South El Monte? Select all that apply.
Born and raised here
Q6
Do you own or rent your home?
Own
Q7
If you wish to own a home in South El Monte, but do not, what issues are preventing you at this time? Mark all that apply.
Other/Does not apply to me (please specify):
N/a
Q8
Select the type of housing that best describes your current living situation.
Single family home
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36 / 36
Q9
Which best describes your household type?
Multi-generational (3 or more generations in the same
home)
Q10
What type of housing is most needed in South El Monte?
Single family
Q11
What do you believe are the most urgent housing concern in South El Monte (select up to 3)?
Housing affordability,
Housing availability,
Overcrowding
Q12
What do you believe is the best way to address the living and housing needs of older adults or seniors?
Provide retrofitting assistance to make homes more
age-friendly
Q13
Sometimes changes in living conditions or a neighborhood may threaten to displace people from their home. Which is the most pressing displacement concern (select up to 3)? Long-term residents can’t stay in community,
Neighborhood businesses closing,
I'm not sure/Other (please specify):
Too much industrial businesses
Q14
The City of South El Monte is required to plan
for 577 additional housing units. What do you think is the best strategy for accommodating these homes? Mark all
that apply.
Increase housing opportunities along commercial
corridors
,
Allow more housing in single-family neighborhoods,
Increase density (e.g. allow taller buildings with more housing units)
Page | 9 City of South El Monte Appendix F: Community Engagement
9.4 Planning Commission Public Meeting
The Planning Commission Public Meeting occurred on July 20, 2021. A copy of the PowerPoint used for the presentation is provided below [Exhibit D]. The PowerPoint provided an overview of the Housing Element’s components including a detailed description of the goals, policies, and potential programs.
2021
1 1
South El Monte Housing Element
PLANNING COMMISION MEETING JULY 20, 2021
2 Meeting Overview
Introductions
Project Review
Review of Goals & Policies
Next Steps
02 Planning Commission Discussion
03 04
05 01
1 2
Exhibit D
2021
2 3
01 Introductions
4 Meet the Team
ERIKA VAN SICKEL
Lead Planner
ELIZABETH DICKSON
Housing Planner
COLBY CATALDI
Community
Development Director
IAN MCALEESE
City Project Manger
3 4
2021
3 5
02 Project Review
6 Housing Element
A comprehensive strategy
to achieving the City’s
housing needs
5 6
2021
4 7
Housing Element
Stakeholder and Community Engagement
Review 5th Cycle and Background Documents
Sites Analysis
Goals, Policies, and Programs
8 Goals • Values and direction
• Statements that guide decision‐making to
implement the goals and overarching
vision
Policies
• Specified conditions that are
measurable steps toward
achieving goals
Objectives
• Procedures, programs, or
techniques that carry out
the policies
Programs
7 8
2021
5 9
Review of Goals and
03 Policies
10 Goals & Policy Examples
Goal 1: An adequate supply of a variety of housing types to meet the existing and future needs of City residents.
Policy: Provide adequate sites to facilitate the development of a diverse range of housing that fulfills its regional housing needs, including low‐, moderate‐ and higher‐density single‐family attached/detached units and multiple‐family units.
Policy: Facilitate the development of housing through the removal of local regulatory constraints, especially for housing that serves lower‐income households and those with special needs.
Policy: Facilitate the development of housing by connecting developers with requirements, standards, and other relevant information needed to apply for development permits in the City.
9 10
2021
6 11
Goals & Policy Examples
Goal 2: High quality residential neighborhoods that are enhanced and well‐maintained.
Policy: Promote the rehabilitation of substandard and deteriorated housing and pursue additional funds for currently unfunded rehabilitation program.
Policy: Increase home ownership rates and stabilize neighborhoods by encouraging low‐ and moderate‐income households to become first‐time home buyers.
Policy: Alleviate overcrowding by permitting owners to add bedrooms, bath, and additional living areas and encouraging development of ADU’s. 12 Goals & Policy Examples
Goal 3: Compatible land uses that meet the needs of residents, employers and employees.
Policy: Facilitate the orderly transition of residential uses in appropriate areas near industrial uses.
Policy: Provide new opportunities for housing in the City, such as through intensification in designated neighborhoods and other appropriate areas.
Policy: Encourage development of higher density housing in close proximity to public transportation, services, employment, recreation, and other resources and amenities.
11 12
2021
7 13
Goals & Policy Examples
Goal 4: Equal opportunities for all residents to reside in the housing of their choice.
Policy: Continue enforcing fair housing laws prohibiting arbitrary discrimination in the building, financing, selling or renting of housing on the basis of race, color, religion, national origin, sex, sexual preference, age, disability, family status, AIDS, or other such characteristics.
Policy: Implement practices that prevent displacement and discrimination through enforcement of existing requirements.
Policy: Connect residents and developers to information related to programs that provide housing support and guidance on Fair Housing resources. 14 04 Next Steps
13 14
2021
8 15
Housing Element
Complete Draft Housing Element
HCD Submittal and Public Review
Address Comments & Finalize Housing Element
Housing Element Adoption
HCD Certification
16 Planning Commission 05 Discussion
15 16
2021
9 17
Recap of Goals
Goal 1: An adequate supply of a variety of housing types to meet the existing and future needs of City residents.
Goal 2: High quality residential neighborhoods that are enhanced and well‐maintained.
Goal 3: Compatible land uses that meet the needs of residents, employers and employees.
Goal 4: Equal opportunities for all residents to
reside in the housing of their choice.
18 Are there any specific programs that you are
not willing to explore over the next 8‐years?
Are there other types of programs that you
would like to explore over the next 8‐years?
17 18
2021
10 19
What is the key housing concern that you have
for South El Monte?
Has this concern been discussed or mentioned
tonight?
Of the goals and policies discussed, what
speaks to you the most?
What do you see as the biggest housing
challenges ahead?
20 Planning Commission
Any last comments or
questions before we
wrap‐up?
19 20
2021
11 21
Thank You
21
Page | 10 City of South El Monte Appendix F: Community Engagement
9.5 Special Event Images and Survey Results
Images from the special event held on August 19, 2021 are featured below, including an interactive mapping display from the event [Exhibit E]. Following Exhibit E are the full survey results from the outreach done at the special event [Exhibit F].
Rusb,St•
Fair housing is the right to
choose housing free from
unlawful discrimination.
stab\liW
a.ualiW
oodiObS,
services
nealt\W,
ousing is the right to
e housing free from
ful discrimination,
is the f
ou
n
dation for stability
g
. life p..ccess to qualttv
cc
e::r'n goo
d sc
hools, good _jobs,
g 11 . and services
transit, sn
o
P
1 f
t
'
y
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ts oil our ab'
erous li"es7
Exhibit E
South El Monte Public Health and Safety, and Fair Housing Survey 1 / 63
Q1
What is ONE thing that would make you feel more
comfortable walking and biking.
Less Crime
Q2
Which of the following would MOST improve parks in your neighborhood?
More security (lights, enforcement) at existing parks
Q3
Do you contact the City when you have a problem? If not - why not?
Yes
Q4
Where do you get information about local resources and
events? Mark all that apply.
City Social Media (Facebook, Nextdoor)
Q5
Which is the MOST important in keeping people in South
El Monte safe?
Improving homes to better withstand extreme weather
Q6
Do you and/or a household member experience any of the
following housing challenges? (Select all that apply)
Housing with appropriate accommodations for my
household member with a disability is not affordable.
Q7
In the past five years have you had to move out of your residence when you did not want to move for any of the
following reasons? (Select all that apply)
Rent became unaffordable
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IP Address: 74.8.223.170
Exhibit F
South El Monte Public Health and Safety, and Fair Housing Survey 2 / 63
Q1
What is ONE thing that would make you feel more
comfortable walking and biking.
Less Crime
Q2
Which of the following would MOST improve parks in your neighborhood?
More security (lights, enforcement) at existing parks
Q3
Do you contact the City when you have a problem? If not - why not?
Yes
Q4
Where do you get information about local resources and
events? Mark all that apply.
City Social Media (Facebook, Nextdoor)
Q5
Which is the MOST important in keeping people in South
El Monte safe?
Improving homes to better withstand extreme weather
Q6
Do you and/or a household member experience any of the
following housing challenges? (Select all that apply)
Other (please specify):
Taxes
Q7
In the past five years have you had to move out of your residence when you did not want to move for any of the
following reasons? (Select all that apply)
Not Applicable
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Q1
What is ONE thing that would make you feel more
comfortable walking and biking.
Less or slower car traffic
Q2
Which of the following would MOST improve parks in your neighborhood?
Safer streets to get to existing parks
Q3
Do you contact the City when you have a problem? If not - why not?
Yes
Q4
Where do you get information about local resources and
events? Mark all that apply.
City Social Media (Facebook, Nextdoor)
Q5
Which is the MOST important in keeping people in South
El Monte safe?
Better warnings and outreach before an emergency or
extreme weather event
Q6
Do you and/or a household member experience any of the
following housing challenges? (Select all that apply)
I do not experience any housing challenges.
Q7
In the past five years have you had to move out of your residence when you did not want to move for any of the
following reasons? (Select all that apply)
Not Applicable
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South El Monte Public Health and Safety, and Fair Housing Survey 4 / 63
Q1
What is ONE thing that would make you feel more
comfortable walking and biking.
Places to go
Q2
Which of the following would MOST improve parks in your neighborhood?
More green space near my house
Q3
Do you contact the City when you have a problem? If not - why not?
Yes
Q4
Where do you get information about local resources and
events? Mark all that apply.
City Social Media (Facebook, Nextdoor)
Q5
Which is the MOST important in keeping people in South
El Monte safe?
Nature based solutions (such as: more trees, rain
gardens, etc.)
Q6
Do you and/or a household member experience any of the
following housing challenges? (Select all that apply)
The home I live in does not meet the needs of my
household member with a disability.
Q7
In the past five years have you had to move out of your residence when you did not want to move for any of the
following reasons? (Select all that apply)
Not Applicable
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South El Monte Public Health and Safety, and Fair Housing Survey 5 / 63
Q1
What is ONE thing that would make you feel more
comfortable walking and biking.
Improved streets (sidewalks/paving)
Q2
Which of the following would MOST improve parks in your neighborhood?
More security (lights, enforcement) at existing parks
Q3
Do you contact the City when you have a problem? If not - why not?
No - I am unsure who to contact
Q4
Where do you get information about local resources and
events? Mark all that apply.
City Social Media (Facebook, Nextdoor)
Q5
Which is the MOST important in keeping people in South
El Monte safe?
Better warnings and outreach before an emergency or
extreme weather event
Q6
Do you and/or a household member experience any of the
following housing challenges? (Select all that apply)
Housing with appropriate accommodations for my
household member with a disability is not affordable.
Q7
In the past five years have you had to move out of your residence when you did not want to move for any of the
following reasons? (Select all that apply)
Not Applicable
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Collector: Web Link 1 (Web Link)
Started: Thursday, August 19, 2021 3:20:32 PM
Last Modified: Thursday, August 19, 2021 5:44:24 PM
Time Spent: 02:23:52
IP Address: 166.137.163.40
South El Monte Public Health and Safety, and Fair Housing Survey 6 / 63
Q1
What is ONE thing that would make you feel more
comfortable walking and biking.
Less Crime
Q2
Which of the following would MOST improve parks in your neighborhood?
Safer streets to get to existing parks
Q3
Do you contact the City when you have a problem? If not - why not?
Yes
Q4
Where do you get information about local resources and
events? Mark all that apply.
My child's school,
My place of worship,
City Social Media (Facebook, Nextdoor)
Q5
Which is the MOST important in keeping people in South
El Monte safe?
Better warnings and outreach before an emergency or
extreme weather event
Q6
Do you and/or a household member experience any of the
following housing challenges? (Select all that apply)
I’m afraid my rent will go up if I make a request for an accommodation for my household member with a
disability.
Q7
In the past five years have you had to move out of your residence when you did not want to move for any of the
following reasons? (Select all that apply)
Rent became unaffordable,
Homeownership became unaffordable,
Landlord wanted to rent to a relative,
Landlord wanted to rent to someone else (non-relative)
#6
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Collector: Web Link 1 (Web Link)
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South El Monte Public Health and Safety, and Fair Housing Survey 7 / 63
Q1
What is ONE thing that would make you feel more
comfortable walking and biking.
Places to go
Q2
Which of the following would MOST improve parks in your neighborhood?
Safer streets to get to existing parks
Q3
Do you contact the City when you have a problem? If not - why not?
Yes
Q4
Where do you get information about local resources and
events? Mark all that apply.
City Social Media (Facebook, Nextdoor)
Q5
Which is the MOST important in keeping people in South
El Monte safe?
Nature based solutions (such as: more trees, rain
gardens, etc.)
Q6
Do you and/or a household member experience any of the
following housing challenges? (Select all that apply)
The home I live in does not meet the needs of my
household member with a disability.
Q7
In the past five years have you had to move out of your residence when you did not want to move for any of the
following reasons? (Select all that apply)
Not Applicable
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Last Modified: Thursday, August 19, 2021 5:45:07 PM
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South El Monte Public Health and Safety, and Fair Housing Survey 8 / 63
Q1
What is ONE thing that would make you feel more
comfortable walking and biking.
More trees and nature
Q2
Which of the following would MOST improve parks in your neighborhood?
More green space near my house
Q3
Do you contact the City when you have a problem? If not - why not?
No - I am unsure who to contact
Q4
Where do you get information about local resources and
events? Mark all that apply.
City Social Media (Facebook, Nextdoor)
Q5
Which is the MOST important in keeping people in South
El Monte safe?
Nature based solutions (such as: more trees, rain
gardens, etc.)
Q6
Do you and/or a household member experience any of the
following housing challenges? (Select all that apply)
I’m afraid my rent will go up if I make a request for an accommodation for my household member with a
disability.
Q7
In the past five years have you had to move out of your residence when you did not want to move for any of the
following reasons? (Select all that apply)
Rent became unaffordable
#8
COMPLETE
Collector: Web Link 1 (Web Link)
Started: Thursday, August 19, 2021 5:44:58 PM
Last Modified: Thursday, August 19, 2021 5:47:00 PM
Time Spent: 00:02:02
IP Address: 74.8.223.170
South El Monte Public Health and Safety, and Fair Housing Survey 9 / 63
Q1
What is ONE thing that would make you feel more
comfortable walking and biking.
Improved streets (sidewalks/paving)
Q2
Which of the following would MOST improve parks in your neighborhood?
More security (lights, enforcement) at existing parks
Q3
Do you contact the City when you have a problem? If not - why not?
No - I am unsure who to contact
Q4
Where do you get information about local resources and
events? Mark all that apply.
Other (please specify):
Websites
Q5
Which is the MOST important in keeping people in South
El Monte safe?
Creating public spaces to go in an emergency or
extreme weather event
Q6
Do you and/or a household member experience any of the
following housing challenges? (Select all that apply)
I do not experience any housing challenges.
Q7
In the past five years have you had to move out of your residence when you did not want to move for any of the
following reasons? (Select all that apply)
Not Applicable
#9
COMPLETE
Collector: Web Link 1 (Web Link)
Started: Thursday, August 19, 2021 5:45:53 PM
Last Modified: Thursday, August 19, 2021 5:49:23 PM
Time Spent: 00:03:29
IP Address: 74.8.223.170
South El Monte Public Health and Safety, and Fair Housing Survey 10 / 63
Q1
What is ONE thing that would make you feel more
comfortable walking and biking.
Places to go
Q2
Which of the following would MOST improve parks in your neighborhood?
Safer streets to get to existing parks
Q3
Do you contact the City when you have a problem? If not - why not?
Yes
Q4
Where do you get information about local resources and
events? Mark all that apply.
City Social Media (Facebook, Nextdoor)
Q5
Which is the MOST important in keeping people in South
El Monte safe?
Nature based solutions (such as: more trees, rain
gardens, etc.)
Q6
Do you and/or a household member experience any of the
following housing challenges? (Select all that apply)
I do not experience any housing challenges.
Q7
In the past five years have you had to move out of your residence when you did not want to move for any of the
following reasons? (Select all that apply)
Not Applicable
#10
COMPLETE
Collector: Web Link 1 (Web Link)
Started: Thursday, August 19, 2021 5:44:37 PM
Last Modified: Thursday, August 19, 2021 5:51:02 PM
Time Spent: 00:06:24
IP Address: 166.137.163.40
South El Monte Public Health and Safety, and Fair Housing Survey 11 / 63
Q1
What is ONE thing that would make you feel more
comfortable walking and biking.
Improved streets (sidewalks/paving)
Q2
Which of the following would MOST improve parks in your neighborhood?
More security (lights, enforcement) at existing parks
Q3
Do you contact the City when you have a problem? If not - why not?
No - I am unsure who to contact
Q4
Where do you get information about local resources and
events? Mark all that apply.
My child's school,
City Social Media (Facebook, Nextdoor)
Q5
Which is the MOST important in keeping people in South
El Monte safe?
Improving homes to better withstand extreme weather
Q6
Do you and/or a household member experience any of the
following housing challenges? (Select all that apply)
I’m afraid my rent will go up if I make a request for an accommodation for my household member with a
disability.
Q7
In the past five years have you had to move out of your residence when you did not want to move for any of the
following reasons? (Select all that apply)
Not Applicable
#11
COMPLETE
Collector: Web Link 1 (Web Link)
Started: Thursday, August 19, 2021 5:47:05 PM
Last Modified: Thursday, August 19, 2021 5:51:10 PM
Time Spent: 00:04:05
IP Address: 74.8.223.170
South El Monte Public Health and Safety, and Fair Housing Survey 12 / 63
Q1
What is ONE thing that would make you feel more
comfortable walking and biking.
Less Crime
Q2
Which of the following would MOST improve parks in your neighborhood?
More security (lights, enforcement) at existing parks
Q3
Do you contact the City when you have a problem? If not - why not?
Yes
Q4
Where do you get information about local resources and
events? Mark all that apply.
City Social Media (Facebook, Nextdoor)
Q5
Which is the MOST important in keeping people in South
El Monte safe?
Better warnings and outreach before an emergency or
extreme weather event
Q6
Do you and/or a household member experience any of the
following housing challenges? (Select all that apply)
I do not experience any housing challenges.
Q7
In the past five years have you had to move out of your residence when you did not want to move for any of the
following reasons? (Select all that apply)
Not Applicable
#12
COMPLETE
Collector: Web Link 1 (Web Link)
Started: Thursday, August 19, 2021 5:49:39 PM
Last Modified: Thursday, August 19, 2021 5:52:09 PM
Time Spent: 00:02:30
IP Address: 74.8.223.170
South El Monte Public Health and Safety, and Fair Housing Survey 13 / 63
Q1
What is ONE thing that would make you feel more
comfortable walking and biking.
Places to go
Q2
Which of the following would MOST improve parks in your neighborhood?
More amenities (water fountains, play equipment, picnic tables) at existing parks
Q3
Do you contact the City when you have a problem? If not - why not?
Yes
Q4
Where do you get information about local resources and
events? Mark all that apply.
City Social Media (Facebook, Nextdoor)
Q5
Which is the MOST important in keeping people in South
El Monte safe?
Better warnings and outreach before an emergency or
extreme weather event
Q6
Do you and/or a household member experience any of the
following housing challenges? (Select all that apply)
The home I live in does not meet the needs of my
household member with a disability.
Q7
In the past five years have you had to move out of your residence when you did not want to move for any of the
following reasons? (Select all that apply)
Not Applicable
#13
COMPLETE
Collector: Web Link 1 (Web Link)
Started: Thursday, August 19, 2021 5:51:10 PM
Last Modified: Thursday, August 19, 2021 5:52:37 PM
Time Spent: 00:01:26
IP Address: 166.137.163.40
South El Monte Public Health and Safety, and Fair Housing Survey 14 / 63
Q1
What is ONE thing that would make you feel more
comfortable walking and biking.
Less Crime
Q2
Which of the following would MOST improve parks in your neighborhood?
Safer streets to get to existing parks
Q3
Do you contact the City when you have a problem? If not - why not?
Yes
Q4
Where do you get information about local resources and
events? Mark all that apply.
Other (please specify):
Community and neighborhood watch
Q5
Which is the MOST important in keeping people in South
El Monte safe?
Other
Other (please specify):
Q6
Do you and/or a household member experience any of the
following housing challenges? (Select all that apply)
I do not experience any housing challenges.
Q7
In the past five years have you had to move out of your residence when you did not want to move for any of the
following reasons? (Select all that apply)
Not Applicable
#14
COMPLETE
Collector: Web Link 1 (Web Link)
Started: Thursday, August 19, 2021 5:51:21 PM
Last Modified: Thursday, August 19, 2021 5:54:16 PM
Time Spent: 00:02:55
IP Address: 74.8.223.170
South El Monte Public Health and Safety, and Fair Housing Survey 15 / 63
Q1
What is ONE thing that would make you feel more
comfortable walking and biking.
More trees and nature
Q2
Which of the following would MOST improve parks in your neighborhood?
More green space near my house
Q3
Do you contact the City when you have a problem? If not - why not?
Yes
Q4
Where do you get information about local resources and
events? Mark all that apply.
My place of worship
Q5
Which is the MOST important in keeping people in South
El Monte safe?
Creating public spaces to go in an emergency or
extreme weather event
Q6
Do you and/or a household member experience any of the
following housing challenges? (Select all that apply)
It is difficult for my household member with a disability to get around my neighborhood because there is a lack
of accessible paths of travel.
Q7
In the past five years have you had to move out of your residence when you did not want to move for any of the
following reasons? (Select all that apply)
Rent became unaffordable
#15
COMPLETE
Collector: Web Link 1 (Web Link)
Started: Thursday, August 19, 2021 5:53:45 PM
Last Modified: Thursday, August 19, 2021 5:54:29 PM
Time Spent: 00:00:44
IP Address: 166.137.163.40
South El Monte Public Health and Safety, and Fair Housing Survey 16 / 63
Q1
What is ONE thing that would make you feel more
comfortable walking and biking.
More trees and nature
Q2
Which of the following would MOST improve parks in your neighborhood?
Safer streets to get to existing parks
Q3
Do you contact the City when you have a problem? If not - why not?
No - I am unsure who to contact
Q4
Where do you get information about local resources and
events? Mark all that apply.
City Social Media (Facebook, Nextdoor)
Q5
Which is the MOST important in keeping people in South
El Monte safe?
Nature based solutions (such as: more trees, rain
gardens, etc.)
Q6
Do you and/or a household member experience any of the
following housing challenges? (Select all that apply)
I do not experience any housing challenges.
Q7
In the past five years have you had to move out of your residence when you did not want to move for any of the
following reasons? (Select all that apply)
Not Applicable
#16
COMPLETE
Collector: Web Link 1 (Web Link)
Started: Thursday, August 19, 2021 5:53:17 PM
Last Modified: Thursday, August 19, 2021 5:55:03 PM
Time Spent: 00:01:45
IP Address: 74.8.223.170
South El Monte Public Health and Safety, and Fair Housing Survey 17 / 63
Q1
What is ONE thing that would make you feel more
comfortable walking and biking.
More trees and nature
Q2
Which of the following would MOST improve parks in your neighborhood?
More amenities (water fountains, play equipment, picnic tables) at existing parks
Q3
Do you contact the City when you have a problem? If not - why not?
Yes
Q4
Where do you get information about local resources and
events? Mark all that apply.
City Social Media (Facebook, Nextdoor)
Q5
Which is the MOST important in keeping people in South
El Monte safe?
Better warnings and outreach before an emergency or
extreme weather event
Q6
Do you and/or a household member experience any of the
following housing challenges? (Select all that apply)
I’m afraid my rent will go up if I make a request for an accommodation for my household member with a
disability.
,
My landlord refuses to modify our unit to accommodate
my household member with a disability
#17
COMPLETE
Collector: Web Link 1 (Web Link)
Started: Thursday, August 19, 2021 5:55:17 PM
Last Modified: Thursday, August 19, 2021 5:58:17 PM
Time Spent: 00:02:59
IP Address: 74.8.223.170
South El Monte Public Health and Safety, and Fair Housing Survey 18 / 63
Q7
In the past five years have you had to move out of your residence when you did not want to move for any of the
following reasons? (Select all that apply)
Not Applicable
South El Monte Public Health and Safety, and Fair Housing Survey 19 / 63
Q1
What is ONE thing that would make you feel more
comfortable walking and biking.
Less Crime
Q2
Which of the following would MOST improve parks in your neighborhood?
More security (lights, enforcement) at existing parks
Q3
Do you contact the City when you have a problem? If not - why not?
Yes
Q4
Where do you get information about local resources and
events? Mark all that apply.
City Social Media (Facebook, Nextdoor)
Q5
Which is the MOST important in keeping people in South
El Monte safe?
Improving homes to better withstand extreme weather
Q6
Do you and/or a household member experience any of the
following housing challenges? (Select all that apply)
I do not experience any housing challenges.
Q7
In the past five years have you had to move out of your residence when you did not want to move for any of the
following reasons? (Select all that apply)
Not Applicable
#18
COMPLETE
Collector: Web Link 1 (Web Link)
Started: Thursday, August 19, 2021 5:55:00 PM
Last Modified: Thursday, August 19, 2021 5:58:43 PM
Time Spent: 00:03:43
IP Address: 74.8.223.170
South El Monte Public Health and Safety, and Fair Housing Survey 20 / 63
Q1
What is ONE thing that would make you feel more
comfortable walking and biking.
Less Crime
Q2
Which of the following would MOST improve parks in your neighborhood?
More security (lights, enforcement) at existing parks
Q3
Do you contact the City when you have a problem? If not - why not?
No - I am unsure who to contact
Q4
Where do you get information about local resources and
events? Mark all that apply.
My child's school
Q5
Which is the MOST important in keeping people in South
El Monte safe?
Better warnings and outreach before an emergency or
extreme weather event
Q6
Do you and/or a household member experience any of the
following housing challenges? (Select all that apply)
I do not experience any housing challenges.
Q7
In the past five years have you had to move out of your residence when you did not want to move for any of the
following reasons? (Select all that apply)
Not Applicable
#19
COMPLETE
Collector: Web Link 1 (Web Link)
Started: Thursday, August 19, 2021 5:54:57 PM
Last Modified: Thursday, August 19, 2021 6:01:03 PM
Time Spent: 00:06:05
IP Address: 166.137.163.40
South El Monte Public Health and Safety, and Fair Housing Survey 21 / 63
Q1
What is ONE thing that would make you feel more
comfortable walking and biking.
Less Crime
Q2
Which of the following would MOST improve parks in your neighborhood?
More green space near my house
Q3
Do you contact the City when you have a problem? If not - why not?
No - I do not think the City is going to help
Q4
Where do you get information about local resources and
events? Mark all that apply.
City Social Media (Facebook, Nextdoor)
Q5
Which is the MOST important in keeping people in South
El Monte safe?
Creating public spaces to go in an emergency or
extreme weather event
Q6
Do you and/or a household member experience any of the
following housing challenges? (Select all that apply)
I’m afraid my rent will go up if I make a request for an accommodation for my household member with a
disability.
Q7
In the past five years have you had to move out of your residence when you did not want to move for any of the
following reasons? (Select all that apply)
Rent became unaffordable
#20
COMPLETE
Collector: Web Link 1 (Web Link)
Started: Thursday, August 19, 2021 5:59:17 PM
Last Modified: Thursday, August 19, 2021 6:03:07 PM
Time Spent: 00:03:50
IP Address: 74.8.223.170
South El Monte Public Health and Safety, and Fair Housing Survey 22 / 63
Q1
What is ONE thing that would make you feel more
comfortable walking and biking.
Less Crime
Q2
Which of the following would MOST improve parks in your neighborhood?
More security (lights, enforcement) at existing parks
Q3
Do you contact the City when you have a problem? If not - why not?
Yes
Q4
Where do you get information about local resources and
events? Mark all that apply.
City Social Media (Facebook, Nextdoor)
Q5
Which is the MOST important in keeping people in South
El Monte safe?
Better warnings and outreach before an emergency or
extreme weather event
Q6
Do you and/or a household member experience any of the
following housing challenges? (Select all that apply)
I worry about losing my in-home health care
Q7
In the past five years have you had to move out of your residence when you did not want to move for any of the
following reasons? (Select all that apply)
Personal/family reasons
#21
COMPLETE
Collector: Web Link 1 (Web Link)
Started: Thursday, August 19, 2021 6:01:27 PM
Last Modified: Thursday, August 19, 2021 6:03:22 PM
Time Spent: 00:01:55
IP Address: 166.137.163.40
South El Monte Public Health and Safety, and Fair Housing Survey 23 / 63
Q1
What is ONE thing that would make you feel more
comfortable walking and biking.
Less Crime
Q2
Which of the following would MOST improve parks in your neighborhood?
Safer streets to get to existing parks
Q3
Do you contact the City when you have a problem? If not - why not?
Yes
Q4
Where do you get information about local resources and
events? Mark all that apply.
City Social Media (Facebook, Nextdoor)
Q5
Which is the MOST important in keeping people in South
El Monte safe?
Better warnings and outreach before an emergency or
extreme weather event
Q6
Do you and/or a household member experience any of the
following housing challenges? (Select all that apply)
I’m afraid my rent will go up if I make a request for an accommodation for my household member with a
disability.
,
I worry about losing my in-home health care
Q7
In the past five years have you had to move out of your residence when you did not want to move for any of the
following reasons? (Select all that apply)
Not Applicable
#22
COMPLETE
Collector: Web Link 1 (Web Link)
Started: Thursday, August 19, 2021 5:58:45 PM
Last Modified: Thursday, August 19, 2021 6:04:25 PM
Time Spent: 00:05:40
IP Address: 74.8.223.170
South El Monte Public Health and Safety, and Fair Housing Survey 24 / 63
Q1
What is ONE thing that would make you feel more
comfortable walking and biking.
Less Crime
Q2
Which of the following would MOST improve parks in your neighborhood?
Safer streets to get to existing parks
Q3
Do you contact the City when you have a problem? If not - why not?
Yes
Q4
Where do you get information about local resources and
events? Mark all that apply.
My place of worship
Q5
Which is the MOST important in keeping people in South
El Monte safe?
Improving homes to better withstand extreme weather
Q6
Do you and/or a household member experience any of the
following housing challenges? (Select all that apply)
It is difficult for my household member with a disability to get around my neighborhood because there is a lack
of accessible paths of travel.
Q7
In the past five years have you had to move out of your residence when you did not want to move for any of the
following reasons? (Select all that apply)
Homeownership became unaffordable
#23
COMPLETE
Collector: Web Link 1 (Web Link)
Started: Thursday, August 19, 2021 6:03:31 PM
Last Modified: Thursday, August 19, 2021 6:05:23 PM
Time Spent: 00:01:51
IP Address: 166.137.163.40
South El Monte Public Health and Safety, and Fair Housing Survey 25 / 63
Q1
What is ONE thing that would make you feel more
comfortable walking and biking.
Less Crime
Q2
Which of the following would MOST improve parks in your neighborhood?
Safer streets to get to existing parks
Q3
Do you contact the City when you have a problem? If not - why not?
Yes
Q4
Where do you get information about local resources and
events? Mark all that apply.
Other (please specify):
My friend
Q5
Which is the MOST important in keeping people in South
El Monte safe?
Creating public spaces to go in an emergency or
extreme weather event
Q6
Do you and/or a household member experience any of the
following housing challenges? (Select all that apply)
I do not experience any housing challenges.
Q7
In the past five years have you had to move out of your residence when you did not want to move for any of the
following reasons? (Select all that apply)
Not Applicable
#24
COMPLETE
Collector: Web Link 1 (Web Link)
Started: Thursday, August 19, 2021 6:03:22 PM
Last Modified: Thursday, August 19, 2021 6:05:30 PM
Time Spent: 00:02:07
IP Address: 74.8.223.170
South El Monte Public Health and Safety, and Fair Housing Survey 26 / 63
Q1
What is ONE thing that would make you feel more
comfortable walking and biking.
All
Other (please specify):
Q2
Which of the following would MOST improve parks in your neighborhood?
All
Other (please specify):
Q3
Do you contact the City when you have a problem? If not - why not?
No issues
Other (please specify):
Q4
Where do you get information about local resources and
events? Mark all that apply.
City Social Media (Facebook, Nextdoor)
Q5
Which is the MOST important in keeping people in South
El Monte safe?
All
Other (please specify):
Q6
Do you and/or a household member experience any of the
following housing challenges? (Select all that apply)
I do not experience any housing challenges.
Q7
In the past five years have you had to move out of your residence when you did not want to move for any of the
following reasons? (Select all that apply)
Not Applicable
#25
COMPLETE
Collector: Web Link 1 (Web Link)
Started: Thursday, August 19, 2021 6:05:37 PM
Last Modified: Thursday, August 19, 2021 6:08:34 PM
Time Spent: 00:02:56
IP Address: 74.8.223.170
South El Monte Public Health and Safety, and Fair Housing Survey 27 / 63
Q1
What is ONE thing that would make you feel more
comfortable walking and biking.
Places to go
Q2
Which of the following would MOST improve parks in your neighborhood?
More amenities (water fountains, play equipment, picnic tables) at existing parks
Q3
Do you contact the City when you have a problem? If not - why not?
Yes
Q4
Where do you get information about local resources and
events? Mark all that apply.
Other (please specify):
City staff
Q5
Which is the MOST important in keeping people in South
El Monte safe?
Walkable communities where I can live in a townhome and walk to commercial
Other (please specify):
Q6
Do you and/or a household member experience any of the
following housing challenges? (Select all that apply)
I do not experience any housing challenges.
Q7
In the past five years have you had to move out of your residence when you did not want to move for any of the
following reasons? (Select all that apply)
Not Applicable
#26
COMPLETE
Collector: Web Link 1 (Web Link)
Started: Thursday, August 19, 2021 6:05:43 PM
Last Modified: Thursday, August 19, 2021 6:08:40 PM
Time Spent: 00:02:56
IP Address: 166.137.163.40
South El Monte Public Health and Safety, and Fair Housing Survey 28 / 63
Q1
What is ONE thing that would make you feel more
comfortable walking and biking.
Less Crime
Q2
Which of the following would MOST improve parks in your neighborhood?
More green space near my house
Q3
Do you contact the City when you have a problem? If not - why not?
Yes
Q4
Where do you get information about local resources and
events? Mark all that apply.
My child's school,
City Social Media (Facebook, Nextdoor)
Q5
Which is the MOST important in keeping people in South
El Monte safe?
Nature based solutions (such as: more trees, rain
gardens, etc.)
Q6
Do you and/or a household member experience any of the
following housing challenges? (Select all that apply)
It is difficult for my household member with a disability to get around my neighborhood because there is a lack
of accessible paths of travel.
Q7
In the past five years have you had to move out of your residence when you did not want to move for any of the
following reasons? (Select all that apply)
Not Applicable
#27
COMPLETE
Collector: Web Link 1 (Web Link)
Started: Thursday, August 19, 2021 6:04:46 PM
Last Modified: Thursday, August 19, 2021 6:09:13 PM
Time Spent: 00:04:26
IP Address: 74.8.223.170
South El Monte Public Health and Safety, and Fair Housing Survey 29 / 63
Q1
What is ONE thing that would make you feel more
comfortable walking and biking.
More trees and nature
Q2
Which of the following would MOST improve parks in your neighborhood?
More amenities (water fountains, play equipment, picnic tables) at existing parks
Q3
Do you contact the City when you have a problem? If not - why not?
Yes
Q4
Where do you get information about local resources and
events? Mark all that apply.
City Social Media (Facebook, Nextdoor)
Q5
Which is the MOST important in keeping people in South
El Monte safe?
Creating public spaces to go in an emergency or
extreme weather event
Q6
Do you and/or a household member experience any of the
following housing challenges? (Select all that apply)
The home I live in does not meet the needs of my
household member with a disability.
,
It is difficult for my household member with a disability to get around my neighborhood because there is a lack
of accessible paths of travel.
,
Housing with appropriate accommodations for my
household member with a disability is not affordable.
#28
COMPLETE
Collector: Web Link 1 (Web Link)
Started: Thursday, August 19, 2021 6:09:38 PM
Last Modified: Thursday, August 19, 2021 6:12:08 PM
Time Spent: 00:02:29
IP Address: 74.8.223.170
South El Monte Public Health and Safety, and Fair Housing Survey 30 / 63
Q7
In the past five years have you had to move out of your residence when you did not want to move for any of the
following reasons? (Select all that apply)
Landlord wanted to rent to someone else (non-relative)
South El Monte Public Health and Safety, and Fair Housing Survey 31 / 63
Q1
What is ONE thing that would make you feel more
comfortable walking and biking.
Less Crime
Q2
Which of the following would MOST improve parks in your neighborhood?
More amenities (water fountains, play equipment, picnic tables) at existing parks
Q3
Do you contact the City when you have a problem? If not - why not?
No - I am unsure who to contact
Q4
Where do you get information about local resources and
events? Mark all that apply.
City Social Media (Facebook, Nextdoor)
Q5
Which is the MOST important in keeping people in South
El Monte safe?
Creating public spaces to go in an emergency or
extreme weather event
Q6
Do you and/or a household member experience any of the
following housing challenges? (Select all that apply)
Other (please specify):
Too many homeless on our street
Q7
In the past five years have you had to move out of your residence when you did not want to move for any of the
following reasons? (Select all that apply)
Not Applicable
#29
COMPLETE
Collector: Web Link 1 (Web Link)
Started: Thursday, August 19, 2021 6:08:43 PM
Last Modified: Thursday, August 19, 2021 6:13:16 PM
Time Spent: 00:04:33
IP Address: 74.8.223.170
South El Monte Public Health and Safety, and Fair Housing Survey 32 / 63
Q1
What is ONE thing that would make you feel more
comfortable walking and biking.
Respondent skipped this question
Q2
Which of the following would MOST improve parks in your neighborhood?
More security (lights, enforcement) at existing parks
Q3
Do you contact the City when you have a problem? If not - why not?
Yes
Q4
Where do you get information about local resources and
events? Mark all that apply.
City Social Media (Facebook, Nextdoor),
Other (please specify):
Newspaper
Q5
Which is the MOST important in keeping people in South
El Monte safe?
Nature based solutions (such as: more trees, rain
gardens, etc.)
Q6
Do you and/or a household member experience any of the
following housing challenges? (Select all that apply)
I worry about losing my in-home health care
Q7
In the past five years have you had to move out of your residence when you did not want to move for any of the
following reasons? (Select all that apply)
Not Applicable
#30
COMPLETE
Collector: Web Link 1 (Web Link)
Started: Thursday, August 19, 2021 6:08:54 PM
Last Modified: Thursday, August 19, 2021 6:15:33 PM
Time Spent: 00:06:38
IP Address: 166.137.163.40
South El Monte Public Health and Safety, and Fair Housing Survey 33 / 63
Q1
What is ONE thing that would make you feel more
comfortable walking and biking.
Places to go
Q2
Which of the following would MOST improve parks in your neighborhood?
Safer streets to get to existing parks
Q3
Do you contact the City when you have a problem? If not - why not?
Yes
Q4
Where do you get information about local resources and
events? Mark all that apply.
My place of worship,
City Social Media (Facebook, Nextdoor)
Q5
Which is the MOST important in keeping people in South
El Monte safe?
Creating public spaces to go in an emergency or
extreme weather event
Q6
Do you and/or a household member experience any of the
following housing challenges? (Select all that apply)
The home I live in does not meet the needs of my
household member with a disability.
,
I’m afraid my rent will go up if I make a request for an accommodation for my household member with a
disability.
#31
COMPLETE
Collector: Web Link 1 (Web Link)
Started: Thursday, August 19, 2021 6:12:26 PM
Last Modified: Thursday, August 19, 2021 6:16:12 PM
Time Spent: 00:03:45
IP Address: 74.8.223.170
South El Monte Public Health and Safety, and Fair Housing Survey 34 / 63
Q7
In the past five years have you had to move out of your residence when you did not want to move for any of the
following reasons? (Select all that apply)
Personal/family reasons
South El Monte Public Health and Safety, and Fair Housing Survey 35 / 63
Q1
What is ONE thing that would make you feel more
comfortable walking and biking.
More trees and nature
Q2
Which of the following would MOST improve parks in your neighborhood?
Safer streets to get to existing parks
Q3
Do you contact the City when you have a problem? If not - why not?
No - I am unsure who to contact
Q4
Where do you get information about local resources and
events? Mark all that apply.
City Social Media (Facebook, Nextdoor)
Q5
Which is the MOST important in keeping people in South
El Monte safe?
Nature based solutions (such as: more trees, rain
gardens, etc.)
Q6
Do you and/or a household member experience any of the
following housing challenges? (Select all that apply)
I do not experience any housing challenges.
Q7
In the past five years have you had to move out of your residence when you did not want to move for any of the
following reasons? (Select all that apply)
Respondent skipped this question
#32
COMPLETE
Collector: Web Link 1 (Web Link)
Started: Thursday, August 19, 2021 6:16:39 PM
Last Modified: Thursday, August 19, 2021 6:19:25 PM
Time Spent: 00:02:46
IP Address: 74.8.223.170
South El Monte Public Health and Safety, and Fair Housing Survey 36 / 63
Q1
What is ONE thing that would make you feel more
comfortable walking and biking.
Improved streets (sidewalks/paving)
Q2
Which of the following would MOST improve parks in your neighborhood?
More green space near my house
Q3
Do you contact the City when you have a problem? If not - why not?
Yes
Q4
Where do you get information about local resources and
events? Mark all that apply.
City Social Media (Facebook, Nextdoor)
Q5
Which is the MOST important in keeping people in South
El Monte safe?
Better warnings and outreach before an emergency or
extreme weather event
Q6
Do you and/or a household member experience any of the
following housing challenges? (Select all that apply)
I do not experience any housing challenges.
Q7
In the past five years have you had to move out of your residence when you did not want to move for any of the
following reasons? (Select all that apply)
Not Applicable
#33
COMPLETE
Collector: Web Link 1 (Web Link)
Started: Thursday, August 19, 2021 6:13:24 PM
Last Modified: Thursday, August 19, 2021 6:19:29 PM
Time Spent: 00:06:04
IP Address: 74.8.223.170
South El Monte Public Health and Safety, and Fair Housing Survey 37 / 63
Q1
What is ONE thing that would make you feel more
comfortable walking and biking.
More trees and nature
Q2
Which of the following would MOST improve parks in your neighborhood?
Safer streets to get to existing parks
Q3
Do you contact the City when you have a problem? If not - why not?
No - I am unsure who to contact
Q4
Where do you get information about local resources and
events? Mark all that apply.
City Social Media (Facebook, Nextdoor)
Q5
Which is the MOST important in keeping people in South
El Monte safe?
Nature based solutions (such as: more trees, rain
gardens, etc.)
Q6
Do you and/or a household member experience any of the
following housing challenges? (Select all that apply)
I do not experience any housing challenges.
Q7
In the past five years have you had to move out of your residence when you did not want to move for any of the
following reasons? (Select all that apply)
Not Applicable
#34
COMPLETE
Collector: Web Link 1 (Web Link)
Started: Thursday, August 19, 2021 6:19:40 PM
Last Modified: Thursday, August 19, 2021 6:19:54 PM
Time Spent: 00:00:14
IP Address: 74.8.223.170
South El Monte Public Health and Safety, and Fair Housing Survey 38 / 63
Q1
What is ONE thing that would make you feel more
comfortable walking and biking.
Less Crime
Q2
Which of the following would MOST improve parks in your neighborhood?
More amenities (water fountains, play equipment, picnic tables) at existing parks
Q3
Do you contact the City when you have a problem? If not - why not?
No - I am unsure who to contact
Q4
Where do you get information about local resources and
events? Mark all that apply.
City Social Media (Facebook, Nextdoor)
Q5
Which is the MOST important in keeping people in South
El Monte safe?
Nature based solutions (such as: more trees, rain
gardens, etc.)
Q6
Do you and/or a household member experience any of the
following housing challenges? (Select all that apply)
I do not experience any housing challenges.
Q7
In the past five years have you had to move out of your residence when you did not want to move for any of the
following reasons? (Select all that apply)
Not Applicable
#35
COMPLETE
Collector: Web Link 1 (Web Link)
Started: Thursday, August 19, 2021 6:19:41 PM
Last Modified: Thursday, August 19, 2021 6:22:26 PM
Time Spent: 00:02:45
IP Address: 74.8.223.170
South El Monte Public Health and Safety, and Fair Housing Survey 39 / 63
Q1
What is ONE thing that would make you feel more
comfortable walking and biking.
More trees and nature
Q2
Which of the following would MOST improve parks in your neighborhood?
More green space near my house
Q3
Do you contact the City when you have a problem? If not - why not?
Yes
Q4
Where do you get information about local resources and
events? Mark all that apply.
City Social Media (Facebook, Nextdoor)
Q5
Which is the MOST important in keeping people in South
El Monte safe?
Improving homes to better withstand extreme weather
Q6
Do you and/or a household member experience any of the
following housing challenges? (Select all that apply)
I do not experience any housing challenges.
Q7
In the past five years have you had to move out of your residence when you did not want to move for any of the
following reasons? (Select all that apply)
Not Applicable
#36
COMPLETE
Collector: Web Link 1 (Web Link)
Started: Thursday, August 19, 2021 6:20:19 PM
Last Modified: Thursday, August 19, 2021 6:25:41 PM
Time Spent: 00:05:22
IP Address: 74.8.223.170
South El Monte Public Health and Safety, and Fair Housing Survey 40 / 63
Q1
What is ONE thing that would make you feel more
comfortable walking and biking.
Less or slower car traffic
Q2
Which of the following would MOST improve parks in your neighborhood?
More amenities (water fountains, play equipment, picnic tables) at existing parks
Q3
Do you contact the City when you have a problem? If not - why not?
Yes
Q4
Where do you get information about local resources and
events? Mark all that apply.
City Social Media (Facebook, Nextdoor)
Q5
Which is the MOST important in keeping people in South
El Monte safe?
Better warnings and outreach before an emergency or
extreme weather event
Q6
Do you and/or a household member experience any of the
following housing challenges? (Select all that apply)
I do not experience any housing challenges.
Q7
In the past five years have you had to move out of your residence when you did not want to move for any of the
following reasons? (Select all that apply)
Not Applicable
#37
COMPLETE
Collector: Web Link 1 (Web Link)
Started: Thursday, August 19, 2021 6:16:46 PM
Last Modified: Thursday, August 19, 2021 6:25:49 PM
Time Spent: 00:09:02
IP Address: 166.137.163.40
South El Monte Public Health and Safety, and Fair Housing Survey 41 / 63
Q1
What is ONE thing that would make you feel more
comfortable walking and biking.
More trees and nature
Q2
Which of the following would MOST improve parks in your neighborhood?
More amenities (water fountains, play equipment, picnic tables) at existing parks
Q3
Do you contact the City when you have a problem? If not - why not?
No - I am unsure who to contact
Q4
Where do you get information about local resources and
events? Mark all that apply.
City Social Media (Facebook, Nextdoor)
Q5
Which is the MOST important in keeping people in South
El Monte safe?
Improving homes to better withstand extreme weather
Q6
Do you and/or a household member experience any of the
following housing challenges? (Select all that apply)
I do not experience any housing challenges.
Q7
In the past five years have you had to move out of your residence when you did not want to move for any of the
following reasons? (Select all that apply)
Not Applicable
#38
COMPLETE
Collector: Web Link 1 (Web Link)
Started: Thursday, August 19, 2021 6:24:19 PM
Last Modified: Thursday, August 19, 2021 6:25:56 PM
Time Spent: 00:01:36
IP Address: 74.8.223.170
South El Monte Public Health and Safety, and Fair Housing Survey 42 / 63
Q1
What is ONE thing that would make you feel more
comfortable walking and biking.
Less Crime
Q2
Which of the following would MOST improve parks in your neighborhood?
More green space near my house
Q3
Do you contact the City when you have a problem? If not - why not?
Yes
Q4
Where do you get information about local resources and
events? Mark all that apply.
City Social Media (Facebook, Nextdoor)
Q5
Which is the MOST important in keeping people in South
El Monte safe?
Better warnings and outreach before an emergency or
extreme weather event
Q6
Do you and/or a household member experience any of the
following housing challenges? (Select all that apply)
I do not experience any housing challenges.
Q7
In the past five years have you had to move out of your residence when you did not want to move for any of the
following reasons? (Select all that apply)
Not Applicable
#39
COMPLETE
Collector: Web Link 1 (Web Link)
Started: Thursday, August 19, 2021 6:26:17 PM
Last Modified: Thursday, August 19, 2021 6:28:27 PM
Time Spent: 00:02:09
IP Address: 74.8.223.170
South El Monte Public Health and Safety, and Fair Housing Survey 43 / 63
Q1
What is ONE thing that would make you feel more
comfortable walking and biking.
Places to go
Q2
Which of the following would MOST improve parks in your neighborhood?
More amenities (water fountains, play equipment, picnic tables) at existing parks
Q3
Do you contact the City when you have a problem? If not - why not?
Yes
Q4
Where do you get information about local resources and
events? Mark all that apply.
City Social Media (Facebook, Nextdoor)
Q5
Which is the MOST important in keeping people in South
El Monte safe?
Improving homes to better withstand extreme weather
Q6
Do you and/or a household member experience any of the
following housing challenges? (Select all that apply)
It is difficult for my household member with a disability to get around my neighborhood because there is a lack
of accessible paths of travel.
Q7
In the past five years have you had to move out of your residence when you did not want to move for any of the
following reasons? (Select all that apply)
Homeownership became unaffordable
#40
COMPLETE
Collector: Web Link 1 (Web Link)
Started: Thursday, August 19, 2021 6:28:52 PM
Last Modified: Thursday, August 19, 2021 6:31:43 PM
Time Spent: 00:02:51
IP Address: 74.8.223.170
South El Monte Public Health and Safety, and Fair Housing Survey 44 / 63
Q1
What is ONE thing that would make you feel more
comfortable walking and biking.
Less Crime
Q2
Which of the following would MOST improve parks in your neighborhood?
More green space near my house
Q3
Do you contact the City when you have a problem? If not - why not?
No - I am unsure who to contact
Q4
Where do you get information about local resources and
events? Mark all that apply.
My child's school,
City Social Media (Facebook, Nextdoor)
Q5
Which is the MOST important in keeping people in South
El Monte safe?
Nature based solutions (such as: more trees, rain
gardens, etc.)
#41
COMPLETE
Collector: Web Link 1 (Web Link)
Started: Thursday, August 19, 2021 6:32:27 PM
Last Modified: Thursday, August 19, 2021 6:35:02 PM
Time Spent: 00:02:34
IP Address: 74.8.223.170
South El Monte Public Health and Safety, and Fair Housing Survey 45 / 63
Q6
Do you and/or a household member experience any of the
following housing challenges? (Select all that apply)
The home I live in does not meet the needs of my
household member with a disability.
,
It is difficult for my household member with a disability to get around my neighborhood because there is a lack
of accessible paths of travel.
,
I’m afraid my rent will go up if I make a request for an accommodation for my household member with a
disability.
,
My landlord refuses to modify our unit to accommodate
my household member with a disability
Q7
In the past five years have you had to move out of your residence when you did not want to move for any of the
following reasons? (Select all that apply)
Not Applicable
South El Monte Public Health and Safety, and Fair Housing Survey 46 / 63
Q1
What is ONE thing that would make you feel more
comfortable walking and biking.
Less Crime
Q2
Which of the following would MOST improve parks in your neighborhood?
More security (lights, enforcement) at existing parks
Q3
Do you contact the City when you have a problem? If not - why not?
Yes
Q4
Where do you get information about local resources and
events? Mark all that apply.
City Social Media (Facebook, Nextdoor)
Q5
Which is the MOST important in keeping people in South
El Monte safe?
Creating public spaces to go in an emergency or
extreme weather event
Q6
Do you and/or a household member experience any of the
following housing challenges? (Select all that apply)
I do not experience any housing challenges.
Q7
In the past five years have you had to move out of your residence when you did not want to move for any of the
following reasons? (Select all that apply)
Not Applicable
#42
COMPLETE
Collector: Web Link 1 (Web Link)
Started: Thursday, August 19, 2021 6:30:00 PM
Last Modified: Thursday, August 19, 2021 6:36:16 PM
Time Spent: 00:06:15
IP Address: 166.137.163.40
South El Monte Public Health and Safety, and Fair Housing Survey 47 / 63
Q1
What is ONE thing that would make you feel more
comfortable walking and biking.
Less or slower car traffic
Q2
Which of the following would MOST improve parks in your neighborhood?
More security (lights, enforcement) at existing parks
Q3
Do you contact the City when you have a problem? If not - why not?
Yes
Q4
Where do you get information about local resources and
events? Mark all that apply.
City Social Media (Facebook, Nextdoor)
Q5
Which is the MOST important in keeping people in South
El Monte safe?
Improving homes to better withstand extreme weather
Q6
Do you and/or a household member experience any of the
following housing challenges? (Select all that apply)
I’m afraid my rent will go up if I make a request for an accommodation for my household member with a
disability.
Q7
In the past five years have you had to move out of your residence when you did not want to move for any of the
following reasons? (Select all that apply)
Not Applicable
#43
COMPLETE
Collector: Web Link 1 (Web Link)
Started: Thursday, August 19, 2021 6:25:56 PM
Last Modified: Thursday, August 19, 2021 6:36:39 PM
Time Spent: 00:10:42
IP Address: 74.8.223.170
South El Monte Public Health and Safety, and Fair Housing Survey 48 / 63
Q1
What is ONE thing that would make you feel more
comfortable walking and biking.
More trees and nature
Q2
Which of the following would MOST improve parks in your neighborhood?
More amenities (water fountains, play equipment, picnic tables) at existing parks
Q3
Do you contact the City when you have a problem? If not - why not?
Yes
Q4
Where do you get information about local resources and
events? Mark all that apply.
City Social Media (Facebook, Nextdoor)
Q5
Which is the MOST important in keeping people in South
El Monte safe?
Respondent skipped this question
Q6
Do you and/or a household member experience any of the
following housing challenges? (Select all that apply)
I do not experience any housing challenges.
Q7
In the past five years have you had to move out of your residence when you did not want to move for any of the
following reasons? (Select all that apply)
Not Applicable
#44
COMPLETE
Collector: Web Link 1 (Web Link)
Started: Thursday, August 19, 2021 6:36:56 PM
Last Modified: Thursday, August 19, 2021 6:40:54 PM
Time Spent: 00:03:57
IP Address: 74.8.223.170
South El Monte Public Health and Safety, and Fair Housing Survey 49 / 63
Q1
What is ONE thing that would make you feel more
comfortable walking and biking.
Less Crime
Q2
Which of the following would MOST improve parks in your neighborhood?
More amenities (water fountains, play equipment, picnic tables) at existing parks
Q3
Do you contact the City when you have a problem? If not - why not?
Yes
Q4
Where do you get information about local resources and
events? Mark all that apply.
City Social Media (Facebook, Nextdoor)
Q5
Which is the MOST important in keeping people in South
El Monte safe?
Better warnings and outreach before an emergency or
extreme weather event
Q6
Do you and/or a household member experience any of the
following housing challenges? (Select all that apply)
The home I live in does not meet the needs of my
household member with a disability.
Q7
In the past five years have you had to move out of your residence when you did not want to move for any of the
following reasons? (Select all that apply)
Not Applicable
#45
COMPLETE
Collector: Web Link 1 (Web Link)
Started: Thursday, August 19, 2021 6:36:47 PM
Last Modified: Thursday, August 19, 2021 6:41:40 PM
Time Spent: 00:04:52
IP Address: 166.137.163.40
South El Monte Public Health and Safety, and Fair Housing Survey 50 / 63
Q1
What is ONE thing that would make you feel more
comfortable walking and biking.
Less Crime
Q2
Which of the following would MOST improve parks in your neighborhood?
Safer streets to get to existing parks
Q3
Do you contact the City when you have a problem? If not - why not?
Yes
Q4
Where do you get information about local resources and
events? Mark all that apply.
My child's school
Q5
Which is the MOST important in keeping people in South
El Monte safe?
Creating public spaces to go in an emergency or
extreme weather event
Q6
Do you and/or a household member experience any of the
following housing challenges? (Select all that apply)
The home I live in does not meet the needs of my
household member with a disability.
Q7
In the past five years have you had to move out of your residence when you did not want to move for any of the
following reasons? (Select all that apply)
Homeownership became unaffordable
#46
COMPLETE
Collector: Web Link 1 (Web Link)
Started: Thursday, August 19, 2021 6:35:22 PM
Last Modified: Thursday, August 19, 2021 6:42:55 PM
Time Spent: 00:07:32
IP Address: 74.8.223.170
South El Monte Public Health and Safety, and Fair Housing Survey 51 / 63
Q1
What is ONE thing that would make you feel more
comfortable walking and biking.
More trees and nature
Q2
Which of the following would MOST improve parks in your neighborhood?
More green space near my house
Q3
Do you contact the City when you have a problem? If not - why not?
No - I am unsure who to contact
Q4
Where do you get information about local resources and
events? Mark all that apply.
My child's school,
City Social Media (Facebook, Nextdoor)
Q5
Which is the MOST important in keeping people in South
El Monte safe?
Nature based solutions (such as: more trees, rain
gardens, etc.)
Q6
Do you and/or a household member experience any of the
following housing challenges? (Select all that apply)
I’m afraid my rent will go up if I make a request for an accommodation for my household member with a
disability.
,
My landlord refuses to modify our unit to accommodate
my household member with a disability
,
I worry about losing my in-home health care
#47
COMPLETE
Collector: Web Link 1 (Web Link)
Started: Thursday, August 19, 2021 6:41:56 PM
Last Modified: Thursday, August 19, 2021 6:44:32 PM
Time Spent: 00:02:35
IP Address: 166.137.163.40
South El Monte Public Health and Safety, and Fair Housing Survey 52 / 63
Q7
In the past five years have you had to move out of your residence when you did not want to move for any of the
following reasons? (Select all that apply)
Respondent skipped this question
South El Monte Public Health and Safety, and Fair Housing Survey 53 / 63
Q1
What is ONE thing that would make you feel more
comfortable walking and biking.
Places to go
Q2
Which of the following would MOST improve parks in your neighborhood?
Respondent skipped this question
Q3
Do you contact the City when you have a problem? If not - why not?
No - I am unsure who to contact
Q4
Where do you get information about local resources and
events? Mark all that apply.
My child's school
Q5
Which is the MOST important in keeping people in South
El Monte safe?
Nature based solutions (such as: more trees, rain
gardens, etc.)
Q6
Do you and/or a household member experience any of the
following housing challenges? (Select all that apply)
I’m afraid my rent will go up if I make a request for an accommodation for my household member with a
disability.
,
Housing with appropriate accommodations for my
household member with a disability is not affordable.
#48
COMPLETE
Collector: Web Link 1 (Web Link)
Started: Thursday, August 19, 2021 6:44:24 PM
Last Modified: Thursday, August 19, 2021 6:44:36 PM
Time Spent: 00:00:12
IP Address: 74.8.223.170
South El Monte Public Health and Safety, and Fair Housing Survey 54 / 63
Q7
In the past five years have you had to move out of your residence when you did not want to move for any of the
following reasons? (Select all that apply)
Landlord wanted to rent to a relative
South El Monte Public Health and Safety, and Fair Housing Survey 55 / 63
Q1
What is ONE thing that would make you feel more
comfortable walking and biking.
Places to go
Q2
Which of the following would MOST improve parks in your neighborhood?
Water play or water park (like la mirador or Rosemead)
Other (please specify):
Q3
Do you contact the City when you have a problem? If not - why not?
Yes
Q4
Where do you get information about local resources and
events? Mark all that apply.
My child's school,
City Social Media (Facebook, Nextdoor)
Q5
Which is the MOST important in keeping people in South
El Monte safe?
Creating public spaces to go in an emergency or
extreme weather event
Q6
Do you and/or a household member experience any of the
following housing challenges? (Select all that apply)
I do not experience any housing challenges.
Q7
In the past five years have you had to move out of your residence when you did not want to move for any of the
following reasons? (Select all that apply)
Not Applicable
#49
COMPLETE
Collector: Web Link 1 (Web Link)
Started: Thursday, August 19, 2021 6:41:10 PM
Last Modified: Thursday, August 19, 2021 6:45:02 PM
Time Spent: 00:03:51
IP Address: 74.8.223.170
South El Monte Public Health and Safety, and Fair Housing Survey 56 / 63
Q1
What is ONE thing that would make you feel more
comfortable walking and biking.
Places to go
Q2
Which of the following would MOST improve parks in your neighborhood?
Respondent skipped this question
Q3
Do you contact the City when you have a problem? If not - why not?
No - I am unsure who to contact
Q4
Where do you get information about local resources and
events? Mark all that apply.
My child's school
Q5
Which is the MOST important in keeping people in South
El Monte safe?
Nature based solutions (such as: more trees, rain
gardens, etc.)
Q6
Do you and/or a household member experience any of the
following housing challenges? (Select all that apply)
I’m afraid my rent will go up if I make a request for an accommodation for my household member with a
disability.
,
Housing with appropriate accommodations for my
household member with a disability is not affordable.
#50
COMPLETE
Collector: Web Link 1 (Web Link)
Started: Thursday, August 19, 2021 6:44:56 PM
Last Modified: Thursday, August 19, 2021 6:45:05 PM
Time Spent: 00:00:09
IP Address: 74.8.223.170
South El Monte Public Health and Safety, and Fair Housing Survey 57 / 63
Q7
In the past five years have you had to move out of your residence when you did not want to move for any of the
following reasons? (Select all that apply)
Landlord wanted to rent to a relative
South El Monte Public Health and Safety, and Fair Housing Survey 58 / 63
Q1
What is ONE thing that would make you feel more
comfortable walking and biking.
Less Crime
Q2
Which of the following would MOST improve parks in your neighborhood?
More security (lights, enforcement) at existing parks
Q3
Do you contact the City when you have a problem? If not - why not?
Yes
Q4
Where do you get information about local resources and
events? Mark all that apply.
City Social Media (Facebook, Nextdoor)
Q5
Which is the MOST important in keeping people in South
El Monte safe?
Better warnings and outreach before an emergency or
extreme weather event
Q6
Do you and/or a household member experience any of the
following housing challenges? (Select all that apply)
I do not experience any housing challenges.
Q7
In the past five years have you had to move out of your residence when you did not want to move for any of the
following reasons? (Select all that apply)
Not Applicable
#51
COMPLETE
Collector: Web Link 1 (Web Link)
Started: Thursday, August 19, 2021 6:45:43 PM
Last Modified: Thursday, August 19, 2021 6:47:52 PM
Time Spent: 00:02:08
IP Address: 74.8.223.170
South El Monte Public Health and Safety, and Fair Housing Survey 59 / 63
Q1
What is ONE thing that would make you feel more
comfortable walking and biking.
Blank
Other (please specify):
Q2
Which of the following would MOST improve parks in your neighborhood?
Respondent skipped this question
Q3
Do you contact the City when you have a problem? If not - why not?
Yes
Q4
Where do you get information about local resources and
events? Mark all that apply.
My child's school,
City Social Media (Facebook, Nextdoor)
Q5
Which is the MOST important in keeping people in South
El Monte safe?
Improving homes to better withstand extreme weather
Q6
Do you and/or a household member experience any of the
following housing challenges? (Select all that apply)
The home I live in does not meet the needs of my
household member with a disability.
,
I’m afraid my rent will go up if I make a request for an accommodation for my household member with a
disability.
,
My landlord refuses to modify our unit to accommodate
my household member with a disability
#52
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Collector: Web Link 1 (Web Link)
Started: Thursday, August 19, 2021 6:45:32 PM
Last Modified: Thursday, August 19, 2021 6:49:37 PM
Time Spent: 00:04:05
IP Address: 166.137.163.40
South El Monte Public Health and Safety, and Fair Housing Survey 60 / 63
Q7
In the past five years have you had to move out of your residence when you did not want to move for any of the
following reasons? (Select all that apply)
Rent became unaffordable,
Homeownership became unaffordable
South El Monte Public Health and Safety, and Fair Housing Survey 61 / 63
Q1
What is ONE thing that would make you feel more
comfortable walking and biking.
Less or slower car traffic
Q2
Which of the following would MOST improve parks in your neighborhood?
More security (lights, enforcement) at existing parks
Q3
Do you contact the City when you have a problem? If not - why not?
Yes
Q4
Where do you get information about local resources and
events? Mark all that apply.
My child's school,
My place of worship,
City Social Media (Facebook, Nextdoor)
Q5
Which is the MOST important in keeping people in South
El Monte safe?
Nature based solutions (such as: more trees, rain
gardens, etc.)
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Collector: Web Link 1 (Web Link)
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Last Modified: Thursday, August 19, 2021 6:51:05 PM
Time Spent: 00:05:17
IP Address: 74.8.223.170
South El Monte Public Health and Safety, and Fair Housing Survey 62 / 63
Q6
Do you and/or a household member experience any of the
following housing challenges? (Select all that apply)
The home I live in does not meet the needs of my
household member with a disability.
,
It is difficult for my household member with a disability to get around my neighborhood because there is a lack
of accessible paths of travel.
,
I’m afraid my rent will go up if I make a request for an accommodation for my household member with a
disability.
,
Housing with appropriate accommodations for my
household member with a disability is not affordable.
Q7
In the past five years have you had to move out of your residence when you did not want to move for any of the
following reasons? (Select all that apply)
Not Applicable
South El Monte Public Health and Safety, and Fair Housing Survey 63 / 63
Q1
What is ONE thing that would make you feel more
comfortable walking and biking.
Less Crime
Q2
Which of the following would MOST improve parks in your neighborhood?
More green space near my house
Q3
Do you contact the City when you have a problem? If not - why not?
No - I am unsure who to contact
Q4
Where do you get information about local resources and
events? Mark all that apply.
City Social Media (Facebook, Nextdoor)
Q5
Which is the MOST important in keeping people in South
El Monte safe?
Better warnings and outreach before an emergency or
extreme weather event
Q6
Do you and/or a household member experience any of the
following housing challenges? (Select all that apply)
Housing with appropriate accommodations for my
household member with a disability is not affordable.
Q7
In the past five years have you had to move out of your residence when you did not want to move for any of the
following reasons? (Select all that apply)
Other (please specify):
No
#54
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Collector: Web Link 1 (Web Link)
Started: Thursday, August 19, 2021 6:51:38 PM
Last Modified: Thursday, August 19, 2021 7:07:04 PM
Time Spent: 00:15:25
IP Address: 74.8.223.170
ATTACHMENT D
RESOLUTION NO. 24-140
A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL
REPEALING RESOLUTION NO. 21-63 AND APPROVING
REVISIONS TO THE CITY’S 6TH CYCLE 2021-2029 HOUSING
ELEMENT IN RESPONSE TO COMMENTS BY THE
CALIFORNIA DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT: GENERAL PLAN
AMENDMENT NO. 21-01
WHEREAS, the City of South El Monte (“City”) is required to adopt an eight-year update to the Housing Element Sixth Cycle;
WHEREAS, the State of California requires every municipality to periodically update the Housing Element of its General Plan to review the housing needs of the community and revise its policies, programs and objectives to address those needs. The California Department of Housing and Community Development (“HCD”) reviews the Housing Element prior to adoption, and HCD is required to issue findings regarding whether, in its opinion, the element complies with the requirements of state law;
WHEREAS, a public hearing was held before the Planning Commission on September 21, 2021, which recommended that City Council adopt General Plan Amendment and Negative Declaration. All evidence, both written and oral, presented during said public hearing was considered by the Planning Commission in making its determination; and WHEREAS, a public hearing was held before the City Council on October 12, 2021, to consider the proposal. Based on all of the evidence, both written and oral, presented during said public hearing, City Council approved the Housing Element update.
WHEREAS, part of the approval process and compliance certification, HCD has requested that the City of South El Monte incorporate non-substantive revisions to the adopted Housing Element in order to obtain required agency certification. These minor revisions consisted of clarification to the applicable Housing Element programs in order to highlight the fair housing issue, contributing factor(s), and the program/action types appendices of the Housing Element into the Plan’s Goals, Policies, and Programs. These changes do not change the intent of the Housing Element or commit the City to any further actions throughout the planning period; and WHEREAS, in order to ensure that these non-substantive revisions are incorporated into and made part of the City’s adopted Housing Element that will be further reviewed by HCD for certification, the adoption of Resolution No. 24-140 is required so that the revised Housing Element is adopted by the City Council; and
WHEREAS, a public hearing was held before the City Council on March 12, 2024, to consider the proposal. The public hearing was opened and continued to the March 26, 2024, City
Council meeting to allow staff sufficient time to review the comments provided by the Department of Housing and Community Development; and
WHEREAS, on March 26,2024, the public hearing was continued from the March 12, 2024 meeting. All evidence, both written and oral, presented during said public hearing was considered by the City Council in making its determination.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH EL MONTE HEREBY FINDS, RESOLVES, AND ORDERS AS FOLLOWS:
Section 1. Pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq. (“CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.), and the City’s Local CEQA Guidelines, City staff had an initial study prepared of the potential environmental effects of the proposed General Plan amendment. Based on the information contained in the initial study, staff determined that there was less than substantial evidence that approval of the proposed re-designations may have significant environmental impact. Accordingly, the City prepared a Negative Declaration in accordance with Section 15070 of the State CEQA Guidelines. Notice of the preparation of the Negative Declaration was posted for the period of August 30, 2021, through September 19, 2021.
Pursuant to Section 15074(b) of said Guidelines, the Planning Commission independently reviewed and considered the contents of the initial study and the negative declaration prior to deciding whether to approve the proposed General Plan amendment.
Section 2. The City Council of the City of South El Monte hereby adopts the Negative Declaration and General Plan Amendment for adoption of the Housing Element.
Section 3. All evidence, both written and oral, presented during said public hearing was considered by the City Council in making its determination. Based on the record of the proceeding, the City Council hereby finds as follows:
1. In accordance with Government Code Section 65585, the City Council has reviewed the findings of HCD and finds that the Draft 2021-2029 Housing Element has been revised to fully address each of the findings made by HCD;
2. The proposed General Plan Amendment updating the Housing Element is necessary to comply with State law and is consistent with the General Plan;
3. The proposed General Plan amendment to the Housing Element is in accordance with State law requirements. The proposed General Plan amendment will not create or result in any significant impacts to the General Plan, Zoning Code, nor be in conflict with any applicable environmental plans or policies, be incompatible with existing land uses, affect agricultural resources, or disrupt the physical arrangement of the established community. Therefore, there will be no significant land use or planning impacts associated with this project;
4. The proposed General Plan amendment will consider updated population, employment and housing statistics. However, there will be no significant impacts to the regional or local population projections, nor induce substantial growth in the
City, nor displace existing housing (especially affordable housing) as the proposed General Plan amendment stresses the creation of new housing stock, the rehabilitation of existing housing units, and the conservation and preservation of existing housing units, all of which are consistent with the estimated growth of the City as identified in the General Plan;
5. The proposed General Plan amendment does not include any physical modifications or alterations of the existing land or structures. Any physical modifications or alterations to existing land and/or structures as a result of the amendment’s objectives will be addressed through separate environmental analysis consistent with CEQA. As such, the General Plan amendment does not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below selfsustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory.
Further, for this reason, the proposed General Plan amendment does not have impacts that are individually limited but cumulatively considerable, nor have environmental effects that would cause substantial adverse effects on human beings, directly or indirectly; and
6. For reasons discussed in the Initial Study, which is incorporated herein by reference, the General Plan amendment would not have any potential to achieve short-term, to the disadvantage of long-term, environmental goals, nor would the project have impacts which are individually limited, but cumulatively considerable.
Section 4. The City Council authorizes staff to make non-substantive changes to the Housing Element as necessary to make it internally consistent, compliant with HCD requirements, and in conformity with the final City Council action on the project. Should HCD require substantial changes to the Housing Element adopted herein, staff shall bring such changes back to City Council for review and adoption.
Section 5. Based on substantial evidence presented of the likelihood of the development or redevelopment on non-vacant sites provided in Appendix E, Sites Analysis and Inventory, of the Housing Element, the existing uses on the sites identified in the site inventory to accommodate the lower-income Regional Housing Needs Allocation are likely to be discontinued during the planning period, and therefore do not constitute an impediment to additional residential development during the planning period covered by the Housing Element.
Section 6. Any interested party may appeal this decision to the City Council pursuant to Section 17.22.110 of the South El Monte Municipal Code. The time within which judicial review, if available, of the City Council’s decision must be sought is governed by Section 1094.6 of the California Code of Procedure and Section 1.24.010 of the South El Monte Municipal Code, unless shorter tie is provided by other applicable law.
PASSED, APPROVED AND ADOPTED this 26th day of March 2024.
ATTEST:
Gloria Olmos, Mayor
Donna G. Schwartz, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF SOUTH EL MONTE )
I, Donna G. Schwartz, City Clerk of the City of South El Monte, do hereby certify that the foregoing Resolution, being Resolution No. 24-140 was passed and approved by the City Council of the City of South El Monte, at a meeting of said Council held on March 26, 2024, and that said Resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Donna G. Schwartz, City Clerk
City Council Agenda Report
Agenda Item No. 9.a.
DATE: March 26, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Anthony Taylor, City Attorney
SUBJECT: DISCUSSION AND POSSIBLE DIRECTION REGARDING
OPTIONS FOR ADDITIONAL RESTRICTIONS ON SMOKING
IN PUBLIC PLACES AND THE SALE OF TOBACCO IN THE
CITY
SUMMARY: At the February 13, 2024, City Council meeting, the City Council expressed interest in exploring its options to address smoking and tobacco sales in the City following a presentation discussing the same. Accordingly, by way of this staff report, the City Attorney’s Office further evaluated the matter to provide the City Council some options to address the regulation of smoking and prohibition of the sale of all tobacco products.
RECOMMENDED ACTION: (1) Continue to follow and enforce the City’s tobacco and electronic cigarette retail permitting regulations and smoking prohibitions pursuant to Chapters 8.40 and 8.42 of the South El Monte Municipal Code (“SEMMC”) as it adopts and implements provisions delineated by Federal and State law; and (2) Consider amending the SEMMC to ban the sale of flavored tobacco products and tobacco product flavor enhancers pursuant to Senate Bill 793.
FISCAL/FINANCIAL IMPACT: The fiscal impact cannot be estimated at this time.
DISCUSSION: On February 13, 2024, the City Council heard a presentation regarding reducing youth access to tobacco products by Dr. Julia Ruedas, Senior Program Manager and Policy Analyst with LAC-USC Medical Center Foundation. During her presentation, Dr. Ruedas explained that tobacco and vape use among youth continued to be a problem in Los Angeles County and advised the City Council that several cities have adopted Tobacco Retail Licensing policies, which help reduce youth access to tobacco products. Particularly, Dr. Ruedas stated that the cities of Beverly Hills and Manhattan Beach prohibited the sale of all tobacco products.
Governing Law
Federal Law
Under federal law it was illegal to sell tobacco products to anyone under the age of 18. (21 U.S.C. § 387 et seq.) However, in 2019 new legislation amending the Federal Food, Drug, and Cosmetic Act raised the federal minimum age for sale of tobacco products from 18 to 21 years. This legislation (known as “Tobacco 21” or “T21”) became effective immediately, and it is now illegal for a retailer to sell any tobacco product—including cigarettes, cigars, and e-cigarettes—to anyone under 21. The new federal minimum age of sale applies to all retail establishments and persons with no exceptions. Federal law also prohibits self-service displays of tobacco products, regulates the minimum package size of cigarettes, and prohibits the sale of individual cigarettes. (21 U.S.C. §§ 333, 372, 387a-1; 21 C.F.R. §§ 1140.14(a)-(b), 1140.16(c).)
The federal Prevent All Cigarette Trafficking Act (PACT) (See 15 U.S.C. §§375-378 and 18 U.S.C. §§ 2341-2346) blocks the shipment of cigarettes and smokeless tobacco products (including vapes, zero-nicotine e-liquids, tobacco-free nicotine e-cigarettes, and CBD/THC vape pens) via the US Postal Service, and several major US parcel carriers have vowed to honor the PACT Act including UPS, FedEx, DHL. However, this does not preclude all shipping options.
State Law (Including SB 793)
In California, it is illegal to sell tobacco products to persons under 21 or at least 18 years old with a valid military ID. (Cal. Penal Code § 308 (see additional discussion regarding enforcement under this statute, below); Cal. Bus. & Prof. Code, §§ 22952, 22957, 22958. Note, federal law now restricts sales to a minimum age of 21 years.) Although the State legislature has yet to update the relevant statute(s) to remove the military exemption for 18 year-olds, the California Department of Health has immediately implemented the 21 year old minimum for all sales consistent with the Tobacco 21 federal law.
Senate Bill 793 bans the sale of flavored tobacco products and tobacco product flavor enhancers, with exceptions for hookah tobacco, loose leaf tobacco, and premium cigars. (Cal. Health & Safety Code § 104559.5.) Retailers are fined $250 for each sale violating the law. (Id.)
Use of electronic cigarettes, including single-use e-cigarettes, is also prohibited wherever smoking is prohibited (with some exceptions) including, but not limited to:
• enclosed places of employment (Cal. Lab. Code § 6404.5); • family day care facilities (Cal. Health & Safety Code § 1596.795); • foster and group homes (Cal. Health & Safety Code § 1530.7); • within 25 feet of playgrounds or 250 feet of a youth sports events (Cal. Health & Safety Code § 104495(b), (d));
• in public buildings or within 20 feet of a main exit, entrance, or operable window of a public building, or in a state-owned passenger vehicle (Cal. Gov’t Code § 7597(a) and § 1286);
• in cars with minors (Cal. Health & Safety Code § 118948); • on public transportation (Cal. Health & Safety Code § 118925); • on passenger carriers (buses, trains, planes) (Cal. Pub. Util. Code § 561(a));
• on grounds of facilities under Department of Youth Authority jurisdiction (with the exception of residential staff housing where inmates or wards are not present) (Cal. Welf. & Inst. Code § 1712.5(b));
• in nonprofit charitable temporary food facilities,(Cal. Health & Safety Code § 114332.3(f));
• in outpatient health facilities (Cal. Health & Safety Code § 1234); • within 25 feet of the commerce area of certified farmers’ markets (Cal. Health & Safety Code § 114371(f)); and
• on a state beach or unit of the state park system (Cal. Pub. Res. § 5008.10(b).) Additionally, schools may not allow students to use tobacco products, including e-cigarettes, on campus or while attending school-sponsored activities. (Cal. Educ. Code § 48901(a).) In fact, school districts, charter schools and county offices of education are required to adopt and enforce policy prohibiting use of e-cigarettes. (Cal. Health & Safety Code § 104420(n)(2).) Use of nicotine delivery devices are also prohibited in county offices of education, charter schools, school/district buildings, school/district property, and school/district vehicles. (Cal. Health & Safety Code § 104559(a).) Finally, the landlord of a residential dwelling unit may (but is not required to) prohibit smoking of tobacco products, including e-cigarettes, on the property or any portion of the building. (Cal. Civ. Code § 1947.5.)
South El Monte Municipal Code
South El Monte Municipal Code (SEMMC) Chapter 8.40 provides for the licensing permitting of all retail sales of tobacco products and electronic cigarettes. SEMMC Chapter 8.42 prohibits smoking in or around city buildings; playgrounds; restaurants, bars, and open air dining areas; public parks, schools, and recreational facilities; city transportation service and city vehicles; family day care homes; and enclosed places of employment. The SEMMC currently has no provisions governing the sale of flavored tobacco products.
Beverly Hills Municipal Code & Manhattan Beach Municipal Code These cities have completely banned the sale of tobacco products within their city; however, the City of Beverly Hills has not updated its municipal code to reflect the total ban.
San Francisco Municipal Code
The City of San Francisco has banned the sale of all flavored tobacco products.
Conclusion
This can be a complex and constantly developing area of law that is continuing to evolve. As always, please contact the City Attorney’s Office if there are any legal questions regarding this matter.
ATTACHMENT(S):
A. South El Monte Municipal Code Chapters 8.40 & 8.42
B. Articles on Beverly Hills’ Ban on Tobacco Products
C. Manhattan Beach Municipal Code Chapter 4.118
D. San Francisco Municipal Code Article 19Q
§ 8.40.010. Definitions.
For purposes of this chapter, the following words and terms shall be defined as follows:
"Electronic cigarette" means an electronic or battery-operated device, the use of which may resemble smoking, which can be used to deliver an inhaled dose of nicotine or other substances, including any such device that is manufactured, distributed, marketed or sold as an electronic cigarette, e-cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah or by any other product name or descriptor. "Electronic cigarette" does not include any inhaler prescribed by a licensed physician. "Person" means any individual, partnership, copartnership, firm, association, joint stock company, corporation, or combination of the above in whatever form or character. "Proprietor" means a person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a ten percent or greater interest in the stock assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person can or does have, or can or does share ultimate control over the day-to-day operations of a business. "Self-service display" shall have the same meaning as such term is defined in subsection 5-17.01(c).
"Tobacco and electronic cigarette paraphernalia" includes cigarette papers or wrappers, pipes, electronic cigarettes and their component parts, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking or ingestion of tobacco or tobacco products.
"Tobacco and electronic cigarette retailer" means any person or business that operates a store, stand, booth, concession or other place at which the person or business sells, offers for sale, exchanges or offers to exchange for any form of consideration, tobacco products or tobacco and electronic cigarette paraphernalia, or both. "Tobacco and electronic cigarette retailing" means the selling, offering for sale, exchanging or offering to exchange for any form of consideration tobacco products or tobacco and electronic cigarette paraphernalia products for personal consumption or use. "Tobacco product" means any manufactured substance made from the tobacco plant, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco and smokeless tobacco, or products prepared from tobacco and designed for smoking or ingestion, including nicotine.
( Ord. 1185 §1, 2014)
§ 8.40.020. Requirement for tobacco and electronic cigarette retail permit.
A. It is unlawful for any person to act as a tobacco and electronic cigarette retailer without first obtaining and maintaining a valid tobacco and electronic cigarette retail permit pursuant to this chapter, for each location at which that activity is to occur.
B. The city shall not issue a permit to authorize tobacco and electronic cigarette retailing at other than a fixed location. For example, tobacco and electronic City of South El Monte, CA
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ATTACHMENT A
( Ord. 1185 §1, 2014)
§ 8.40.030. Application process.
cigarette retailing by persons on foot or from vehicles is prohibited.
C. It is a violation of a tobacco and electronic cigarette retail permit for a permittee or his or her agent or employee to violate any local, state, or federal tobacco or electronic cigarette-related law.
D. It is the responsibility of each proprietor to be informed of the laws affecting the issuance of a tobacco and electronic cigarette retail permit.
E. The issuance, suspension, and revocation of a tobacco and electronic cigarette retail permit, and all related procedures, shall be governed solely by this chapter.
A. Application for a tobacco and electronic cigarette retail permit shall be submitted in the name of each proprietor proposing to conduct retail tobacco or electronic cigarette sales, or both, and shall be signed by each proprietor or an authorized agent thereof. An application is required for each location where retail tobacco or electronic cigarette sales, or both, are to occur.
B. A permit that is issued in error or on the basis of false or misleading information supplied by a proprietor may be revoked pursuant to Section 8.40.090. All applications shall be submitted on a form supplied by the city and shall contain the following information:
1. The name, address and telephone number of each proprietor;
2. The business name, address and telephone number of the fixed location for which a tobacco and electronic cigarette retail permit is sought;
3. The name and mailing address authorized by each applicant to receive all permit-related communications and notices (the "authorized address"). Failure to supply an authorized address shall constitute consent to the provision of notice at the business address specified in subsection (B)(2) of this section;
4. Whether any applicant has previously been issued a permit pursuant to this chapter that is or was at any time suspended or revoked and, if so, the dates of the suspension period or the date of revocation; and
5. Such other information as the city deems necessary for the administration or enforcement of this chapter.
C. All information required to be submitted in order to apply for a tobacco and electronic cigarette retail permit shall be updated whenever the information changes. A tobacco and electronic cigarette retailer shall provide the city in writing with any updates within ten business days of a change.
D. The information specified in subsections (B)(2) and (B)(3) shall be available to the public for all currently permitted tobacco and electronic cigarette retailers. Upon request, the city shall provide a compilation of this information to any person within City of South El Monte, CA
§ 8.40.020 § 8.40.030
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( Ord. 1185 §1, 2014)
§ 8.40.040. Permit fees.
The city council may by resolution establish fees to cover the cost of administering this chapter. The fee shall be calculated so as to recover the total cost of both permit administration and permit enforcement, including, for example, issuing the permit, administering the permit program, retailer education, retailer inspection and compliance checks, documentation of violations and prosecution of violators. All fees shall be used exclusively to fund the program. Fees are nonrefundable except as may be required by law. Fees required by this chapter shall be in addition to any required under any other chapter of the South El Monte Municipal Code.
( Ord. 1185 §1, 2014)
§ 8.40.050. Issuance and renewal of permit.
a reasonable time and subject to a fee approximating the actual cost of compiling and presenting the information.
A. Upon receipt of both the application for a tobacco and electronic cigarette retail permit and the permit fee, the city manager or designee, shall issue a tobacco and electronic cigarette retail permit unless:
1. The application is incomplete or inaccurate;
2. The application seeks authorization for tobacco and electronic cigarette retailing by a proprietor who, pursuant to Section 8.40.090, has a suspended or revoked tobacco and electronic cigarette retail permit;
3. The application seeks authorization for tobacco and electronic cigarette retailing that is unlawful pursuant to this Code, or that is unlawful pursuant to any other local, state or federal law;
4. The city has information that the proprietor or his or her agent or employee has violated any local, state or federal tobacco or electronic cigarette control law within the preceding thirty-day period.
B. A permit shall be valid for one year and must be renewed prior to the expiration of the previous term. Each tobacco and electronic cigarette retailer shall apply for the renewal of his, her or its tobacco and electronic cigarette retail permit no later than thirty days prior to the expiration of the then current permit.
C. If the information required in the permit application pursuant to Section
8.40.030(B) changes, a new tobacco and electronic cigarette retail permit is required before the business may continue to act as a tobacco and electronic cigarette retailer. For example, if a proprietor to whom a permit has been issued changes business locations, the proprietor must apply for a new permit prior to acting as a tobacco and electronic cigarette retailer at the new location. If the business is sold, the new owner must apply for a permit for that location before acting as a tobacco and electronic cigarette retailer.
City of South El Monte, CA
§ 8.40.030 § 8.40.050
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( Ord. 1185 §1, 2014)
§ 8.40.060. Permits nontransferable.
A tobacco and electronic cigarette retail permit is nontransferable and is valid only for the person(s) and location specified in the permit application. If a proprietor to whom a permit has been issued changes business locations, that proprietor must apply for a new permit prior to acting as a tobacco and electronic cigarette retailer at the new location.
Similarly, if the proprietor to whom a permit has been issued sells the business, the new owner must apply for a permit before acting as a tobacco and electronic cigarette retailer. ( Ord. 1185 §1, 2014)
§ 8.40.070. Requirements and prohibitions on sale of tobacco and electronic cigarette products.
( Ord. 1185 §1, 2014)
§ 8.40.080. Compliance monitoring.
D. A tobacco and electronic cigarette retail permit that is not timely renewed shall expire at the end of its term. To reinstate a permit that has expired, or to renew a permit not timely renewed pursuant to subsection B, the proprietor must:
1. Submit the permit fee plus a reinstatement fee of ten percent of the permit fee; and
2. Submit a signed affidavit affirming that the proprietor has not sold and will not sell any tobacco and electronic cigarette product or tobacco and electronic cigarette paraphernalia after the permit expiration date and before the permit is renewed.
A. Display of Permit Required. Each permit shall be prominently displayed in a publicly and readily visible location at the permitted location.
B. Positive Identification Required. No person shall engage in tobacco and electronic cigarette retailing without first examining the identification of the purchaser if the purchaser reasonably appears under the age of thirty years old. No person shall engage in tobacco and electronic cigarette retailing without confirming that the proposed sale is to a purchaser who is at least the minimum age established by state law for being sold the tobacco and electronic cigarette product or tobacco and electronic cigarette paraphernalia.
C. Minimum Age for Persons Selling Tobacco and Electronic Cigarettes. No person who is younger than the minimum age established by state law for the purchase or possession of any tobacco and electronic cigarette product shall engage in tobacco and electronic cigarette retailing.
D. Self-Service Displays Prohibited. No person shall display, offer for sale, dispense or allow to be sold any tobacco and electronic cigarette product by means other than vendor-assisted sales.
City of South El Monte, CA
§ 8.40.050 § 8.40.080
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( Ord. 1185 §1, 2014)
§ 8.40.090. Suspension, revocation and issuance after revocation of permit.
A. Compliance with this chapter shall be monitored by the sheriff's department, or the city manager or designee. Any peace officer or code enforcement official may enforce the penal provisions of this chapter.
B. The sheriff's department or code enforcement officials should endeavor to check the compliance of each tobacco and electronic cigarette retailer at least one time per twelve-month period. The sheriff's department or code enforcement officials may check the compliance of tobacco and electronic cigarette retailers previously found to be in compliance a fewer number of times so that the enforcement agency may check the compliance of tobacco and electronic cigarette retailers previously found in violation of the permitting law a greater number of times. Nothing in this subsection shall create a right of action in any permittee or other person against the city or its agents by reason of such compliance checks.
C. Compliance checks shall determine, at a minimum, if the tobacco and electronic cigarette retailer is conducting business in a manner that complies with tobacco and electronic cigarette laws regulating youth access to tobacco and electronic cigarettes. When appropriate, the compliance checks shall determine compliance with other laws applicable to tobacco and electronic cigarette retailing.
D. The city shall not enforce any law establishing a minimum age for tobacco and electronic cigarette purchases or possession against a person who otherwise might be in violation of such law because of the person's age (hereinafter "youth decoy") if the potential violation occurs when:
1. The youth decoy is participating in a compliance check supervised by a peace officer or a code enforcement official of the city; or
2. The youth decoy is participating in a compliance check funded in part, either directly or indirectly through subcontracting, by the Los Angeles County health department or the California Department of Health Services.
A. Suspension. In addition to any other penalty authorized by law, a tobacco and electronic cigarette retail permit may be suspended if the city manager or designee finds, after notice to the permittee and opportunity to be heard, that the permittee or his or her agents or employees has violated the conditions of the permit imposed pursuant to Section 8.40.060 or 8.40.070.
1. Upon a finding by the city of a first permit violation, a written warning will be issued.
2. Upon a finding by the city of a second permit violation within a three-year period of the first violation, the permit may be suspended for up to thirty days.
3. If the second offense occurs within twelve months of the first, the permit may be suspended for up to ninety days.
City of South El Monte, CA
§ 8.40.080 § 8.40.090
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( Ord. 1185 §1, 2014)
§ 8.40.100. Appeal.
Any permittee aggrieved by any decision of the city manager or designee, with respect to the suspension or revocation of such permit, may appeal to the city council by filing a written notice of appeal with the city clerk within ten days of the date of suspension or revocation. The city clerk shall thereupon fix a time and place for hearing such appeal.
The city clerk shall give notice to such person of time and place of hearing by serving it personally or by depositing it in a United States Post Office in Los Angeles County, California, postage prepaid, addressed to the authorized address. The city council shall have the authority to rule on all questions raised during such appeal. ( Ord. 1185 §1, 2014)
§ 8.40.110. Tobacco and electronic cigarette retailing without a permit.
In addition to any other penalty authorized by law, if the city finds or any court of
4. Upon a finding by the city of a third violation within three years of the first violation, the permit may be suspended for up to ninety days.
B. Revocation. A tobacco and electronic cigarette retail permit may be revoked if the city manager or designee finds, after notice to the permittee and opportunity to be heard, that one of the following conditions exist:
1. The occurrence of four violations of the provisions in Section 8.40.060 or
8.40.070 within three years;
2. The application is incomplete for failure to provide the information required by Section 8.40.030(B);
3. The information contained in the application, including supplemental information, if any, is found to be false in any material respect; or
4. The application seeks authorization for a permit that is unlawful under other provisions of this Code, state or federal law.
C. During a period of permit suspension or revocation, the tobacco and electronic cigarette retailer must remove from public view all tobacco and electronic cigarette products and tobacco-and electronic cigarette-related advertising.
D. Issuance After Revocation. A person whose permit has been revoked may be issued a new permit in accordance with the following:
1. After revocation for a first violation of this chapter, no new permit may issue under this chapter for the location until three months have passed from the date of revocation.
2. After revocation for a second violation of this chapter at a location within any sixty-month period, no new permit may issue for the location until sixty months have passed from the date of revocation.
City of South El Monte, CA
§ 8.40.090 § 8.40.110
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competent jurisdiction determines, after notice and an opportunity to be heard, that any person has engaged in tobacco and electronic cigarette retailing at a location without a valid tobacco and electronic cigarette retailer's permit, either directly or through the person's agents or employees, the person shall be ineligible to apply for or be issued a tobacco and electronic cigarette retailing permit for that location as follows:
( Ord. 1185 §1, 2014)
§ 8.40.120. Settlement in lieu of hearing.
For a first or second alleged violation of this chapter within any sixty-month period, the city prosecutor may engage in settlement negotiations and may enter into a settlement agreement with a tobacco and electronic cigarette retailer alleged to have violated this chapter without approval from the city council. Notice of any settlement shall be provided to the sheriff's department and no hearing shall be held. Settlements shall not be confidential.
( Ord. 1185 §1, 2014)
§ 8.40.130. Enforcement.
A. After a first violation of this section within a sixty-month period, no new permit may be issued for the person at the location until thirty days have passed from the date of the violation.
B. After a second violation of this section within any sixty-month period, no new permit may be issued for the person at the location until six months have passed from the date of the violation.
C. After a third or subsequent violation of this section within any sixty-month period, no new permit may be issued for the person at the location until one year has passed from the date of the violation.
A. Violations of this chapter may, in the discretion of the city prosecutor, be prosecuted as infractions or misdemeanors.
B. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.
C. Violations of this chapter are hereby declared to be public nuisances.
D. Violations of this chapter are subject to a civil action brought by the city prosecutor punishable by a civil fine payable to the city not less than one hundred dollars and not exceeding five hundred dollars. For the purposes of the civil remedies provided in this chapter, each day such violation or violations occur or continue shall be a separate offense.
E. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall also constitute a violation of this chapter.
F. Whenever evidence of a violation of this chapter is obtained in any part through the participation of a person under the age of eighteen years old, such a person shall not City of South El Monte, CA
§ 8.40.110 § 8.40.130
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( Ord. 1185 §1, 2014)
be required to appear or give testimony in any civil or administrative process brought to enforce this chapter and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented.
G. In addition to other remedies provided by this chapter or by other law, any violation of this chapter may be enforced by a civil action brought by the city prosecutor, including for example, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief.
City of South El Monte, CA
§ 8.40.130 § 8.40.130
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§ 8.42.010. Definitions.
For purposes of this chapter, the following terms shall be defined as follows:
"Bar" means a cocktail lounge, nightclub or facility that sells alcohol for on-premises consumption.
"Electronic cigarette" means an electronic or battery-operated device, the use of which may resemble smoking, which can be used to deliver an inhaled dose of nicotine or other substances, including any such device that is manufactured, distributed, marketed or sold as an electronic cigarette, e-cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah or any other product name or descriptor. "Electronic cigarette" does not include any inhaler prescribed by a licensed physician. "Enclosed" means closed in by a roof and walls with appropriate openings for ingress and egress.
"Hotel" means any building, or portion thereof designed or used for lodging persons for a period of less than thirty consecutive days. Hotels shall include, without limitation, any establishment held out to the public as a hostel, inn, time share project, tourist court or motel, but shall not include hospitals or governmental buildings where persons are detained under legal restraint, such as jails or prisons. "Nonenclosed" means predominantly outdoor area that does not meet the definition of "enclosed," including, but not limited to, an open air dining area. "Open air dining area" means any nonenclosed area located on private or public property, including public right-of-way, made available to or customarily used by the general public that is designed, established or regularly used for consuming food or beverages or where food or beverages are served, whether or not for compensation. An open air dining area does not include open air dining areas that are immediately adjacent to and accessory to a private smokers' lounge, as that term is defined in Labor Code Section 6404.5 or its successor statute.
"Restaurant" means a facility that sells prepared foods and drinks for consumption on site.
"Smoke" means the gases, particles, or vapors released into the air as a result of combustion, electrical ignition or vaporization, when the apparent or usual purpose of the combustion, electrical ignition or vaporization is human inhalation of the byproducts, except when the combusting material contains no tobacco or nicotine and the purpose of inhalation is solely olfactory, such as, for example, smoke from incense. The term smoke includes, but is not limited to, tobacco smoke, electronic cigarette vapors, and marijuana smoke.
"Smoking" means engaging in an act that generates smoke, such as, for example:
possessing a lighted pipe or a lighted hookah pipe; operating an electronic cigarette, vaping, a lighted cigar, or a lighted cigarette of any kind; or lighting or igniting a pipe, an electronic cigarette, a hookah pipe, a cigar, or a cigarette of any kind. ( Ord. 1185 §2, 2014)
City of South El Monte, CA
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§ 8.42.020. Smoking in and around city buildings prohibited.
Smoking is prohibited inside any city building in the city, and in an outdoor area within twenty feet of a main exit, entrance or operable window of a city building. ( Ord. 1185 §2, 2014)
§ 8.42.030. Smoking in and around playgrounds and tot lot sandbox areas prohibited.
Smoking is prohibited in and within twenty-five feet of playgrounds and tot lot sandbox areas, as the terms are defined in California Health and Safety Code Section 104495(a). ( Ord. 1185 §2, 2014)
§ 8.42.040. Smoking in restaurants, bars and open air dining areas prohibited.
Smoking is prohibited in all restaurants, bars and open air dining areas and within five feet of all open air dining areas, except while actively passing an open air dining area on the way to another destination.
( Ord. 1185 §2, 2014)
§ 8.42.050. Posting or placing of signs.
Any restaurant, bar or business with an open air dining area subject to the prohibition set forth in Section 8.42.040 of this chapter shall post or cause to be posted and shall maintain "no smoking" signs in conspicuous locations within the open air dining area.
All "no smoking" signs shall be prominently displayed, shall clearly recite the phrase "no smoking" and shall cite Section 8.42.040 of this chapter. The "no smoking" signs shall be posted not less than five feet nor more than eight feet above floor level and shall be of sufficient number and location to cause the message of the signs to be clearly visible and readable and must be made of permanent, weather resistant materials. No person shall willfully mutilate or destroy any sign required by this section. ( Ord. 1185 §2, 2014)
§ 8.42.060. Rights and obligations of owners, operators and employers. ( Ord. 1185 §2, 2014)
§ 8.42.070. Landlords of residential dwelling units may prohibit smoking.
A landlord of a residential dwelling unit, as defined in California Civil Code Section 1940, or his or her agent, may prohibit smoking as provided by California Civil Code Section 1947.5 and sections amendatory or supplementary thereto.
A. Any person who owns, operates, manages or controls a business within the city may designate the entire business as a "no smoking" area.
B. The provisions of this chapter shall not be construed to require the owner, operator or manager of any existing business to make any structural or other physical alterations, modifications or improvements to the business, other than the posting or placing of signs required by Section 8.42.050 of this chapter.
City of South El Monte, CA
§ 8.42.020 § 8.42.070
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( Ord. 1185 §2, 2014)
§ 8.42.080. Smoking in public parks, schools and recreational facilities prohibited.
Smoking is prohibited in all public parks, public schools, public playgrounds or publicly operated recreational ground facilities or buildings. Smoking is prohibited within twenty-five feet of city parks and recreation facilities, except while actively passing on the way to another destination.
( Ord. 1185 §2, 2014)
§ 8.42.090. Smoking on city public transportation service and in city vehicles prohibited.
Smoking is prohibited on the city's public transportation service and in city vehicles. ( Ord. 1185 §2, 2014)
§ 8.42.100. Smoking in family day care homes prohibited.
Smoking is prohibited at all family day care homes, as defined in California Health and Safety Code Section 1596.78.
( Ord. 1185 §2, 2014)
§ 8.42.110. Smoking in enclosed places of employment prohibited.
Smoking is prohibited in all enclosed spaces at places of employment, as "places of employment" are defined in California Labor Code Section 6404.5(b). Smoking is not prohibited in an enclosed place of employment that is a permitted electronic cigarette retailer, unless otherwise limited by the land use limitations contained in the city's zoning ordinance.
( Ord. 1185 §2, 2014)
§ 8.42.120. Penalties and enforcement.
A. It is unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to the regulation under this chapter to fail to comply with its provisions.
B. It is unlawful for any person to smoke in any area restricted by the provisions of this chapter.
C. Any person who violates any provision of this chapter shall be guilty of a misdemeanor or may be prosecuted as an infraction in the discretion of the city prosecutor.
D. The city prosecutor, any peace officer or city code enforcement officer shall have the authority to enforce the provisions of this chapter.
E. Punishment under this chapter shall not preclude punishment pursuant to any other provision of law pertaining to electronic cigarette smoking. Nothing in this chapter precludes any person from seeking any other remedies, penalties or procedures City of South El Monte, CA
§ 8.42.070 § 8.42.120
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( Ord. 1185 §2, 2014)
provided by law. The remedies provided in this section are cumulative and in addition to any other remedies available at law or in equity.
City of South El Monte, CA
§ 8.42.120 § 8.42.120
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3/19/24, 1:32 PM Information for Businesses
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IN FO RM AT IO N FO R B US IN ES S ES IN FO RM AT IO N FO R B US IN ES S ES
BAN ON THE SAL E OF AL L TOBACCO PRODUCTS IN BEV ERLY HIL L S Beverly Hills Municipal Code - Smoking Regulations
On June 4, 2019, the Beverly Hills City Council unanimously approved an ordinance to prohibit the sale of tobacco products in the City starting on January 1, 2021.
The key provisions of the ordinance include:
A permanent exemption/carve out for three existing cigar lounges; Effective January 1, 2021, hotels, existing and future, may only sell to guests; §§
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GOVERNMENT RESIDENT B USINESS ART, CULTURE & EVENTS COMMUNITY I WANT TO
ATTACHMENT B
3/19/24, 1:32 PM Information for Businesses
https://www.beverlyhills.org/citymanager/smokinginformation/informationforbusinesses/#:~:text=Ban on the Sale of All Tobacco Products in Beverly Hil… 2/4 Effective January 1, 2021, all other businesses shall stop selling tobacco products; A hardship exemption provision for retailers that demonstrate the ban would cause undue hardship; and City Council review of the impacts on tourism in three years.
Notwithstanding of the January 1, 2021 date, the sale of flavored tobacco products is already prohibited. Please see additional information below.
REPORTS AND PUBL IC MEETINGS
Ordinance No. 19-O-2783 19-O-2783
2019-06-04 City Council Formal Meeting Report Video
2019-05-21 City Council Formal Meeting Report Video
2019-05-07 City Council Formal Meeting Report Video
2019-04-29 Health and Safety Commission Meeting
Report
Report
Video
2019-04-22 Health and Safety Commission Meeting
Report
Report
Video
2019-04-09 Health and Safety Commission Liaison Committee Meeting
Report Highlights
2019-03-25 Health and Safety Commission Meeting Report Video 2019-02-25 Health and Safety Commission Meeting Report Video 2019-02-05 City Council Study Session Report Video
BAN ON SALES OF F LAVORED TOBACCO PRODUCTS
As of December 21, 2018, the City of Beverly Hills prohibits the sale of flavored tobacco products. The law applies to all tobacco retailers within Beverly Hills. Any tobacco retailer that sells a flavored tobacco product is in violation of the requirements for operation under its Tobacco and Electronic Cigarette Retailer Permit. A first violation to a permit condition is $250. A second violation within a five-year period is $750 and the permit is suspended for 90 days. A third violation within a five-year period is $1,000 and the permit shall be revoked.
A flavored tobacco product is any tobacco product that imparts a characterizing flavor other than the taste or aroma of tobacco, including, but not limited to, menthol, mint, wintergreen, fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, or spice.
The flavor ban applies to all tobacco products such as cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, smokeless tobacco, and electronic cigarettes. Menthol cigarettes are included in the ban on flavored products. Products authorized by the United States Food and Drug Administration as a tobacco cessation product, such as nicotine gum, are not included in the ban.
For more information, please contact Code Compliance / Community Preservation (310)285-1119.
REPORTS AND PUBL IC MEETINGS
Final Ordinance Ordinance
3/19/24, 1:32 PM Information for Businesses
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PROSPECTIVE BUSINESSES
Generally speaking, the City treats e-cigarette and smoke shop use establishments the same if located in commercial zones where retail establishments are allowed. If you are a potential business owner interested in establishing a tobacco or ecigarette business, please contact:
Development Services
Phone: (310) 285-1141
CURRENT BUSINESSES
The City's local regulations require tobacco and e-cigarette retailers to annually apply for a city permit to sell such products.
The sales of such items from stand-alone vending machines are not allowed. For information about the tobacco and ecigarette permit process, please contact:
Business Tax / Regulatory Permit Division
Phone: (310) 285-2424
CODE VIOLATIONS
To report a code violation, please contact:
Beverly Hills Code Enforcement
Phone: (310) 285-1119
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3/19/24, 1:34 PM Manhattan Beach, CA Code of Ordinances about:blank 1/2
Chapter 4.118 - PROHIBITION OF THE RETAIL SALE OF TOBACCO PRODUCTS AND ELECTRONIC SMOKING
DEVICES
Footnotes:
--- (3) ---
Editor's note— Ord. No. 20-0007 , § 1, adopted February 18, 2020, repealed ch. 4.118, §§ 4.118.010—4.118.130 and enacted a new ch. 4.118 as set out herein. Former ch. 4.118 pertained to permits for retailers of tobacco products and/or electronic smoking devices and derived from Ord. No. 15-0020, § 1, adopted December 1, 2015.
4.118.010 - Definitions.
For the purposes of this chapter, the following definitions shall apply:
"Electronic smoking device" means (1) an electronic or battery-operated device that can deliver an inhalable dose of nicotine to the user or (2) any product intended or sold for use with such a device. "Electronic smoking device" includes any product meeting this definition, regardless of whether it is manufactured, distributed, marketed or sold as an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, electronic vape, vaping device, vaporizer, or any other product name or descriptor. "Electronic smoking device" also includes any liquid or substance containing nicotine, whether sold separately or sold in combination with any device that could be used to deliver an inhalable dose of nicotine to a person.
"Retailer" means any person who sells, exchanges, or offers to sell or exchange, for any form of consideration, tobacco products or electronic smoking devices. "Retailing" shall mean the doing of any of these things.
"Tobacco product" means any product containing, made, or derived from tobacco or nicotine, whether natural or synthetic, including but not limited to cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, snus, bidis, or any other preparation of tobacco that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body. "Tobacco product" does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence.
(§ 1, Ord. 20-0007, eff. January 1, 2021)
4.118.020 - Prohibitions.
It shall be unlawful for any person to sell a tobacco product or electronic smoking device in the city.
ATTACHMENT C
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A.
B.
C.
D.
E.
(§ 1, Ord. 20-0007, eff. January 1, 2021)
4.118.030 - Enforcement.
Any violation of this chapter is hereby declared to be a public nuisance.
Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall also constitute a violation of this chapter.
Violations of this chapter may be remedied by a civil action brought by the city, including, but not limited to, administrative or judicial nuisance abatement proceedings, civil code enforcement proceedings, and suits for injunctive relief. For the purposes of the civil remedies provided in this chapter, each day on which a tobacco product or electronic smoking device is offered for sale in violation of this chapter, and each individual retail tobacco product or electronic smoking device that is distributed, sold, or offered for sale in violation of this chapter, shall constitute a separate violation of this chapter.
The city prosecutor shall have discretion to prosecute violations of this chapter as infractions or misdemeanors.
The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.
(§ 1, Ord. 20-0007, eff. January 1, 2021)
ARTICLE 19Q:
PROHIBITING THE SALE OF FLAVORED TOBACCO PRODUCTS
Sec. 19Q.1. Findings.
Sec. 19Q.2. Definitions.
Sec. 19Q.3. Sale or Distribution of Flavored Tobacco Products Prohibited.
Sec. 19Q.4. Sale or Distribution of Flavored Cigarettes Prohibited.
Sec. 19Q.5. Administrative Regulations.
Sec. 19Q.6. Enforcement.
Sec. 19Q.7. No Conflict with Federal or State Law.
Sec. 19Q.8. Severability.
Editor’s Note:
This Article, comprising Sections 19Q.1 – 19Q.8, was added by Ord. 140-17, approved July 7, 2017, then suspended by the filing of a referendum petition. As part of Proposition E, it was adopted by the voters at the June 5, 2018 election, and became effective 30 days after the election results were declared.
SEC. 19Q.1. FINDINGS.
(a) Tobacco use remains the leading cause of preventable death in the United States, killing more than 480,000 people each year. It causes or contributes to many forms of cancer, as well as heart disease and respiratory diseases, among other health disorders. Tobacco use remains a public health crisis of the first order, in terms of the human suffering and loss of life it causes, the financial costs it imposes on society, and the burdens it places on our health care system. The financial cost of tobacco use in San Francisco alone amounts to $380 million per year in direct health care expenses and lost productivity. (b) Flavored tobacco products are commonly sold by California tobacco retailers. For example: 97.4% of stores that sell cigarettes sell menthol cigarettes; 94.5% of stores that sell little cigars sell them in flavored varieties; 84.2% of stores that sell electronic smoking devices sell flavored varieties; and 83.8% of stores that sell chew or snus sell flavored varieties. 70% of tobacco retailers within 1,000 feet of San Francisco schools sell flavored tobacco products other than menthol cigarettes, and nearly all sell menthol cigarettes. (c) Each day, about 2,500 children in the United States try their first cigarette; and another 400 children under 18 years of age become new regular, daily smokers. 81% of youth who have ever used a tobacco product report that the first tobacco product they used was flavored. Flavored tobacco products promote youth initiation of tobacco use and help young occasional smokers to become daily smokers by reducing or masking the natural harshness and taste of tobacco smoke and thereby increasing the appeal of tobacco products. As tobacco companies well know, menthol, in particular, cools and numbs the throat to reduce throat irritation and make the smoke feel smoother, making menthol cigarettes an appealing option for youth who are initiating tobacco use. Tobacco companies have used flavorings such as mint and wintergreen in smokeless tobacco products as part of a “graduation strategy” to encourage new users to start with tobacco products with lower levels of nicotine and progress to products with higher levels of nicotine. It is therefore unsurprising that young people are much more likely to use menthol-, candy- and fruit-flavored tobacco products, including not just cigarettes but also cigars, cigarillos, and hookah tobacco, than adults. Data from the National Youth Tobacco Survey indicate that more than two-fifths of U.S. middle school and high school smokers report using flavored little cigars or flavored cigarettes. Further, the Centers for Disease Control and Prevention has reported a more than 800% increase in electronic cigarette use among middle school and high school students between 2011 and 2015. Nicotine solutions, which are consumed via electronic smoking devices such as electronic cigarettes, are sold in thousands of flavors that appeal to youth, such as cotton candy and bubble gum. (d) Much as young people disproportionately use flavored tobacco products including menthol cigarettes, the same can be said of certain minority groups. In one survey, the percentage of people who smoke cigarettes that reported smoking menthol cigarettes in the prior month included, most dramatically, 82.6% of Blacks or African-Americans who smoke cigarettes. The statistics for other groups were: 53.2% of Native Hawaiians or Other Pacific Islanders who smoke cigarettes; 36.9% of individuals with multiracial backgrounds who smoke cigarettes; 32.3% of Hispanics or Latinos who smoke cigarettes; 31.2% of Asians who smoke cigarettes; 24.8% of American Indians or Alaska Natives who smoke cigarettes; and 23.8% of Whites or Caucasians who smoke cigarettes. People who identify as LGBT and young adults with mental health conditions also struggle with disproportionately high rates of menthol cigarette use. The disproportionate use of menthol cigarettes among targeted groups, especially the extremely high use among African-Americans, is troubling because of the long-term adverse health impacts on those groups. (e) Between 2004 and 2014, overall smoking prevalence decreased, but use of menthol cigarettes increased among both young adults (ages 18-25) and other adults (ages 26+). These statistics are consistent with the finding that smoking menthol cigarettes reduces the likelihood of successfully quitting smoking. Scientific modeling has projected that a national ban on menthol cigarettes could save between 300,000 and 600,000 lives by 2050.
(Added by Proposition E, 6/5/2018, Eff. 7/21/2018, Oper. 7/21/2018) SEC. 19Q.2. DEFINITIONS.
For purposes of this Article 19Q, the following definitions shall apply:
ATTACHMENT D
“Characterizing Flavor” means a Distinguishable taste or aroma or both, other than the taste or aroma of tobacco, imparted by a Tobacco Product or any byproduct produced by the Tobacco Product. Characterizing Flavors include, but are not limited to, tastes or aromas relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, or spice. A Tobacco Product shall not be determined to have a Characterizing Flavor solely because of the use of additives or flavorings or the provision of ingredient information. Rather, it is the presence of a Distinguishable taste or aroma or both, as described in the first sentence of this definition, that constitutes a Characterizing Flavor. “Cigarette” has the meaning set forth in 21 U.S.C. § 387(3), as may be amended from time to time. “Constituent” means any ingredient, substance, chemical, or compound, other than tobacco, water, or reconstituted tobacco sheet that is added by the manufacturer to a Tobacco Product during the processing, manufacture, or packing of the Tobacco Product. “Director” has the meaning set forth in Health Code Section 19H.2. “Distinguishable” means perceivable by either the sense of smell or taste. “Establishment” has the meaning set forth in Health Code Section 19H.2. “Flavored Cigarette” means a Cigarette that contains a Constituent that imparts a Characterizing Flavor. “Flavored Tobacco Product” means any Tobacco Product, other than a Cigarette, that contains a Constituent that imparts a Characterizing Flavor.
“Labeling” means written, printed, pictorial, or graphic matter upon any Tobacco Product or any of its Packaging. “Packaging” means a pack, box, carton, or container of any kind or, if no other container, any wrapping (including cellophane) in which a Tobacco Product is sold or offered for sale to a consumer. “Tobacco Product” has the meaning set forth in Health Code Section 19H.2. (Added by Proposition E, 6/5/2018, Eff. 7/21/2018, Oper. 7/21/2018) SEC. 19Q.3. SALE OR DISTRIBUTION OF FLAVORED TOBACCO PRODUCTS PROHIBITED.
(a) The sale or distribution by an Establishment of any Flavored Tobacco Product is prohibited. (b) There shall be a rebuttable presumption that a Tobacco Product, other than a Cigarette, is a Flavored Tobacco Product if a Manufacturer or any of the Manufacturer’s agents or employees, in the course of their agency or employment, has made a statement or claim directed to consumers or to the public that the Tobacco Product has or produces a Characterizing Flavor, including, but not limited to, text, color, and/or images on the product’s Labeling or Packaging that are used to explicitly or implicitly communicate that the Tobacco Product has a Characterizing Flavor.
(Added by Proposition E, 6/5/2018, Eff. 7/21/2018, Oper. 7/21/2018) SEC. 19Q.4. SALE OR DISTRIBUTION OF FLAVORED CIGARETTES PROHIBITED. (a) The sale or distribution by an Establishment of any Flavored Cigarette is prohibited. (b) There shall be a rebuttable presumption that a Cigarette is a Flavored Cigarette if a Manufacturer or any of the Manufacturer’s agents or employees, in the course of their agency or employment, has made a statement or claim directed to consumers or to the public that the Cigarette has or produces a Characterizing Flavor, including, but not limited to, text, color, and/or images on the product’s Labeling or Packaging that are used to explicitly or implicitly communicate that the Cigarette has a Characterizing Flavor. (Added by Proposition E, 6/5/2018, Eff. 7/21/2018, Oper. 7/21/2018) SEC. 19Q.5. ADMINISTRATIVE REGULATIONS.
The Director may adopt rules, regulations, or guidelines for the implementation and enforcement of this Article 19Q. (Added by Proposition E, 6/5/2018, Eff. 7/21/2018, Oper. 7/21/2018) SEC. 19Q.6. ENFORCEMENT.
The Director, or his or her designee, may enforce Sections 19Q.3 and 19Q.4 pursuant to Articles 19 et seq. of the Health Code, including but not limited to Article 19H.
(Added by Proposition E, 6/5/2018, Eff. 7/21/2018, Oper. 7/21/2018) SEC. 19Q.7. NO CONFLICT WITH FEDERAL OR STATE LAW.
Nothing in this Article 19.Q
1 shall be interpreted or applied so as to create any requirement, power, or duty that is preempted by federal or state law.
(Added by Proposition E, 6/5/2018, Eff. 7/21/2018, Oper. 7/21/2018)
CODIFICATION NOTE
1. So in Proposition E, 6/5/2018.
SEC. 19Q.8. SEVERABILITY.
If any section, subsection, sentence, clause, phrase, or word of this Article 19Q, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of the Article. The Board of Supervisors hereby declares that it would have passed this Article, and each section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this Article or application thereof would be subsequently declared invalid or unconstitutional. (Added by Proposition E, 6/5/2018, Eff. 7/21/2018, Oper. 7/21/2018)
City Council Agenda Report
Agenda Item No. 9.b.
DATE: March 26, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Rene Salas, City Manager
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION 24-141, APPROVING AMENDMENT NO. 1 TO CONTRACT SERVICES
AGREEMENT (CSA) WITH COUNCIL FOR WATERSHED
HEALTH FOR THE MERCED AVENUE GREENWAY
PROJECT
SUMMARY: On October 12, 2021, the City Council adopted Resolution 21-66 awarding a contract services agreement (CSA) to Council for Watershed Health (CWH) to provide project administration services for the Merced Avenue Greenway (Rush Street to Lerma Road) project in the amount of $412,447 funded through a California Natural Resource Agency Prop 68 grant to proceed with pre-construction activities including project administration, grant reporting, technical services supporting bid and award, WQ/LID planning documents and community engagement. The Merced Avenue Greenway Project in the City of South El Monte is a multi-benefit green street project which includes decentralized Low Impact Development (LID) Best Management Practices (BMPs) within the street right-of-way that slows, captures, treats, and infiltrate stormwater runoff.
RECOMMENDED ACTION: Staff recommends City Council: Adopt Resolution No. 24- 141, approving an amendment to the existing CSA with Council for Watershed Health to 1) increase the PSA value by $499,850 to authorize the full scope of project administration, technical services, LID/WQ monitoring program implementation and community engagement through construction and post-construction monitoring of the southern portion of the Merced Avenue Greenway project. These efforts are expressly identified within the funded agreements and line item budgets of the State Water Resource Control Board (SWRCB) Prop 1 and LA County Safe Clean Water Program (SCWP) Measure W grants; 2) edit PSA terms and conditions in Exhibit C to delete 10% retention requirement; and, 3) extend performance period to April 30, 2026.
FISCAL/FINANCIAL IMPACT:
The proposed amendment increases the contract services agreement to $912,297 and will be funded from the following sources:
CNRA (Prop 68) Grant $412,447
SWRCB (Prop 1) Grant $ 88,162
County SCWP (Measure W) Grant $411,688
Total Budget $912,297
The proposed not-to-exceed cost is within the approved project budget and results in no fiscal impact to the City.
DISCUSSION:
The first phase of the 1.1-mile Merced Avenue Greenway began construction activities in January 2024 to implement the southern .65-mile segment of the project between Rush Street and Lerma Road. This southern segment is funded through grants applied for and secured with the direct assistance of CWH and reflects the long-term partnership between the city and the non-profit organization, as well as, their community-based organization (CBO) partners Active SGV, and Climate Resolve. Together, these partners have been instrumental in conducting robust community engagement to inform the planning and design of this multi-purpose green infrastructure project. CWH was successful in assisting the City in securing $9.8M in grants from five (5) agencies representing local, state and federal funding sources.
On April 3, 2023, the Engineering Department solicited construction bids, with the lowest responsive bid submitted by Gentry Brothers, Inc. in the amount of $9,098,474. The bid results revealed a $2.1M funding gap related to escalation in construction costs resulting from the world-wide pandemic and inflation. CWH was further successful in securing a commitment from SWRCB to fill the gap and brought the total project budget up to $11.9M; thus, allowing the award of the construction contract at the July 25, 2023 Council meeting. The SWRCB grant was amended effective July 19, 2023.
This recommended contract amendment will fully fund the continuation of grant identified and intended project technical support activities of CWH and its sub-consultants (ex.
Active SGV, Climate Resolve, Herrera Environmental Consultants, TetraTech/Alta) through construction and post-construction phases, including, but not limited to: a) grant administration and project coordination support; b) A/E technical support; c) on-going and robust community outreach to provide construction updates and showcase educational benefits of the new greenway during construction; d) implement post-construction stewardship activities; e) WQ monitoring plan implantation including install support, training & equipment; f) WQ sampling and reporting; and, g) assist with plant health monitoring; and, h) preparation of an Urban Heat Island monitoring report.
This innovative partnership between the City of South El Monte (as the lead entity), Council for Watershed Health, ActiveSGV, and Climate Resolve along with the original technical design team (Tetra Tech/Alta) will ensure that the intended design is carried over efficiently through the construction and post-construction phase.
Council for Watershed Health (CWH) is a 501(c)3 non-profit organization with experience in watershed resource planning using GIS, green infrastructure, environmental assessment, and community engagement. CWH understands the complexities of engaging multiple City agencies, residents, and project stakeholders on large and complex infrastructure projects. It has technical expertise in the design and construction of public right-of-way green infrastructure and stormwater Low Impact Development (LID) projects. CWH serves as the project lead on water resource issues as they pertain to the
operations and maintenance of green infrastructure elements, pre- and post-construction project performance monitoring and reporting, and the use of native plants and climateappropriate plants in urban landscape projects.
ActiveSGV is a 501(c)3 community-based nonprofit organization focused on community, open streets, transit improvements, green infrastructure, and advocacy for a more sustainable, equitable and livable San Gabriel Valley. ActiveSGV staff has a long history working with community residents in the City of South El Monte and understands the needs of its members. ActiveSGV will serve as the lead technical advisor on community engagement and stewardship on the greenway. As was their role in the design phase, ActiveSGV staff will continue to help develop unified messaging and galvanize local support through information sharing about integrated water management and parallel community benefits.
ATTACHMENT(S):
A. (SEM) Reso re Council for Watershed Health Amend. No. 1 (2024)(970727.1) B. Original Council for Watershed Health Agreement
C. (SEM) Council for Watershed Amend. No. 1 (2024)(970697.1) D. Phase I Merced South Amendment 1 SEM CWH agreement March 2024 E. Phase I Merced South Contract Amendment 1 SEM_CWH_Letter_EAsigned
01257.0001/970727.1
ATTACHMENT A
RESOLUTION NO. 24-141
A RESOLUTION OF THE SOUTH EL MONTE CITY
COUNCIL APPROVING AN AMENDMENT TO A
CONTRACT SERVICES AGREEMENT WITH COUNCIL
FOR WATERSHED FOR THE MERCED AVENUE
GREENWAY
WHEREAS, on February 16, 2021, the City of South El Monte received approval of funding for the Merced Avenue Greenway Project (“Project”) from the State Water Resources Control Board in the amount of $2,589,214; and
WHEREAS, on July 17, 2021, the City received approval of funding from the California National Resources Agency in the amount of $3,000,000; and WHEREAS, the City on September 14, 2021, the City received approval of funding from the County of Los Angeles Measure W (Safe Clean Water Program) in the amount of $3,197,240; and
WHEREAS, on September 20, 2021, the City received approval of funding from the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy in the amount of $731,720; and
WHEREAS, on March 25, 2021, the United States Bureau of Reclamation (WaterSMART Program) awarded the City a grant in the amount of $299,953; and WHEREAS, the City’s Grant Agreement with California National Resources Agency, approved by City Council on July 17, 2021, allowed the Council for Watershed Health to commence work on pre-construction tasks; and
WHEREAS, on October 12, 2021, the City entered into a contract services agreement with Council for Watershed Health to provide project administration services for the Merced Avenue Greenway Project; and
WHEREAS, the City and Council for Watershed Health have negotiated and now desire to amend the scope of services, contract sum, and term of the October 2021 agreement.
NOW, THEREFORE, THE SOUTH EL MONTE CITY COUNCIL HEREBY
RESOLVES AS FOLLOWS:
Section 1. The above recitals are true and correct and incorporated by reference.
01257.0001/970727.1
Section 2. The City Council hereby authorizes the City Manager to take all actions necessary to effectuate and execute an amendment to the contract services agreement with Council for Watershed Health, subject to the City Attorney’s approval as to form.
Section 3. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 26th day of March 2024 _____________________________
Gloria Olmos, Mayor
ATTEST:
__________________________
Donna G. Schwartz, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
SS: CITY OF SOUTH EL MONTE )
I, Donna Schwartz, City Clerk of the City of South El Monte, do hereby certify that the foregoing Resolution, being Resolution No. 24-141, 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 26th day of March 2024 and that said Resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________
Donna G. Schwartz, City Clerk
RESOLUTION NO. 21- 66
A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL
AWARDING CONTRACT SERVICES AGREEMENT TO
COUNCIL FOR WATERSHED HEALTH TO PROVIDE
PROJECT ADMINISTRATION SERVICES FOR MERCED
AVENUE GREENWAY PROJECT
WHEREAS, On February 16, 202I, the City received approval of funding for the Merced Avenue Greenway Project in the amount of $2, 589, 214 from the State Water Resources Control Board; and
WHEREAS, On July 17, 2021, the City received funding in the amount of $3, 000, 000 from the California National Resources Agency ( CNRA); and WHEREAS, On September 14, 2021, the City received approval of funding in the amount of $3, 197,240 from the FY 21- 22 funding cycle of the County of Los Angeles Measure W (Safe Clean Water Program); and
WHEREAS, On September 20, 2021, the City received approval of funding in the amount of $731, 720 from the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy RMC); and
WHEREAS, On March 25, 2021, the City was awarded a grant in the amount of $299,953 from the United States Bureau of Reclamation (WaterSMART Program); and WHEREAS, The Grant Agreement for the California Natural Resources Agency (CNRA) Prop 68 grant award approved by City Council on July 17, 2021, specifically allows Council for Watershed Health to begin work on pre -construction tasks; and WHEREAS, the City needs to enter into agreement with Council for Watershed Health in order to implement the project.
NOW, THEREFORE, THE SOUTH EL MONTE CITY COUNCIL HEREBY RESOLVES AS FOLLOWS:
SECTION 1. The above recitals are true and correct and incorporated by reference.
SECTION 2. The City Council hereby authorizes the City Manager to execute a contract services agreement with Council for Watershed Health in the amount of $412,447. The Council further directs the City Manager or designee to take all actions necessary to effectuate the agreement.
SECTION 3. The City Cleric shall certify to the passage and adoption of this resolution.
PASSED, APPROVED and ADOPTED this 12'" day of October, 2021.
Gloria Olmos, Mayor
Attachment B
A '= T- Om.
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. 21- 66 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 12th day of October, 2021 and that said Resolution was adopted by the following vote:
AYES: Councilmember( s): Acosta, Retamoza, Mayor Pro Tern Angel, and Mayor Olmos NOES: None
ABSENT: Councilmember( s): Delgado
onna G. Schwa z, City k
CONTRACT SERVICES AGREEMENT
By and Between
CITY OF SOUTH EL MONTE
and
COUNCIL FOR WATERSHED HEALTH
01257. 00OU743426. 3 ANAVAII_ ALWP
AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF SOUTH EL MONTE AND
COUNCIL FOR WATERSEHD HEALTH
THIS AGREEMENT FOR CONTRACT SERVICES ( herein " Agreement") is made and entered into this 12th day of October , 2021 by and between the CITY OF SOUTH EL MONTE, a California, a municipal corporation (" City") and Council for Watershed Health, a California 501( c) 3 non-profit corporation (" Consultant"). City and Consultant may be referred to, individually or collectively, as " Party" or " Parties."
RECITALS
A. City submitted a proposal for the California Natural Resources Agency CNRA") Green Infrastructure Grant for the Merced Avenue Greenway Project. City' s Proposal is attached hereto as Exhibit A- 1.
B. The City was selected as a Grantee; and City and the CNRA entered into a Grant Agreement on July 20, 2021. The Grant Agreement is attached hereto as Exhibit E.
C. In the City' s proposal, the City listed Council for Watershed Health Consultant") as a sub -grantee to implement the proposal.
D. Pursuant to the City of South El Monte Municipal Code, City has authority to enter into and execute this Agreement.
E. The Parties desire to formalize sub -grantee Consultant' s performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1. 1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall provide those services specified in the " Scope of Services" attached hereto as Exhibit " A" and incorporated herein by this reference, which may be referred to herein as the " services" or work" hereunder. As a material inducement to the City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall 01257. 00OU743426. 3 ANAVAII_ ALWY I
follow the highest professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase " highest professional standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.
1. 2 Consultant' s Proposal.
The Scope of Services shall include the Consultant' s scope of work or bid which shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such proposal and this Agreement, the terms of this Agreement shall govern.
1. 3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.
1. 4 Licenses, Permits, Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement.
Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant' s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1. 5 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant ( i) has thoroughly investigated and considered the scope of services to be performed, ( ii) has carefully considered how the services should be performed, and ( iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which will materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant' s risk until written instructions are received from the Contract Officer.
1. 6 Care of Work.
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The Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/ or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City' s own negligence.
1. 7 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.
1. 8 Additional Services.
City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written order is first given by the Contract Officer to the Consultant, incorporating therein any adjustment in ( i) the Contract Sum for the actual costs of the extra work, and/ or ( ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Consultant. Any increase in compensation of up to ten percent ( 10%) of the Contract Sum or $ 25, 000, whichever is less; or, in the time to perform of up to one hundred eighty ( 180) days, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other Consultants. No claims for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.
1. 9 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the " Special Requirements" attached hereto as Exhibit ` B" and incorporated herein by this reference. In the event of a conflict between the provisions ofExhibit `B" and any other provisions of this Agreement, the provisions of Exhibit ` B" shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2. 1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the " Schedule of Compensation" attached hereto as Exhibit " C" and 01257. 000in43426. 3 ANAVAII ALWY 3
incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Four Hundred Twelve Thousand, Four Hundred Forty -Seven Dollars ($ 412, 447. 00) ( the " Contract Sum"), unless additional compensation is approved pursuant to Section 1. 9.
2. 2 Method of Compensation.
The method of compensation may include: ( i) a lump sum payment upon completion; ( ii) payment in accordance with specified tasks or the percentage of completion of the services, less contract retention; ( iii) payment for time and materials based upon the Consultant' s rates as specified in the Schedule of Compensation, provided that ( a) time estimates are provided for the performance of sub tasks, ( b) contract retention is maintained, and ( c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.
2. 3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4. 5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination ofthe performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.
2. 4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City' s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall contain all information specified in Exhibit " C", and shall detail charges for all necessary and actual expenses by the following categories: labor ( by sub -category), travel, materials, equipment, supplies, and subcontractor contracts. Sub -contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause Consultant to be paid within forty- five ( 45) days of receipt of Consultant' s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City for any invoice provided by the Consultant shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
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2. 5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.
ARTICLE 3. PERFORMANCE SCHEDULE
3. 1 Time of Essence.
Time is ofthe essence in the performance of this Agreement.
3. 2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period( s) established in the " Schedule of Performance" attached hereto as Exhibit " D" and incorporated herein by this reference. When requested by the Consultant, extensions to the time period( s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty ( 180) days cumulatively.
3. 3 Force Maieure.
The time period( s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/ or acts of any governmental agency, including the City, if the Consultant shall within ten ( 10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer' s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant' s sole remedy being extension of the Agreement pursuant to this Section.
3. 4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding three ( 3) years from the date hereof, except as otherwise provided in the Schedule of Performance Exhibit " D"). The City may, in its sole discretion, extend the Term for one ( 1) additional oneyear term.
ARTICLE 4. COORDINATION OF WORK
4. 1 Representatives and Personnel of Consultant.
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The following principals of Consultant (" Principals") are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
Eileen Alduenda Executive Director
Name) ( Title)
Jason Casanova Director of Planning
Name) ( Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the foregoing Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant' s staff and subcontractors, if any, assigned to perform the services required under this Agreement.
Consultant shall notify City of any changes in Consultant' s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.
4. 2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant' s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant' s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City' s employees. Consultant expressly waives any claim Consultant may have to any such rights.
4. 3 Contract Officer.
The Contract Officer shall be the Community Development Director, or such person as may be designated by the City Manager. It shall be the Consultant' s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City 01257. 00OU743426. 3 ANAVAII_ALWY 6
Manager, to sign all documents on behalf ofthe City required hereunder to carry out the terms of this Agreement.
4. 4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant' s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any 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 (" Ca1PERS") 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 ofthe. 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.
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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.
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.
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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 noncontributory 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.
d) Ci , ' 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 non-compliance 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 01257. 000in43426. 3 ANAVAH ALWY 9
by the Consultant. Any available insurance proceeds in excess of the specified minimum limits ofinsurance 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.
0) 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. 1) 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.
01257. 000in43426. 3 ANAVAII_ ALWY 10
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 ofthe 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:
a) 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;
b) 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;
c) 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 01257. 0001/ 743426. 3 ANAVAII ALWY I I
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 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 01257. 0001/ 743426. 3 ANAVAII ALWY 12
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 ofthis 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 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 01257. 00oin43426. 3 ANAVAII ALWY 13
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 ofthis Agreement.
7. 3 Retention of Funds.
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. 01257. 000in43426. 3 ANAVAII_ ALWY 14
7. 5 Riahts 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 parry 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 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 ofthe 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. 8 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 ofthe amounts owed the City as previously stated. 01257. 00OU743426. 3 ANAVAII_ ALWY 15
7. 9 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 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 ofthis 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, 01257. 0001/ 743426. 3 ANAVAII_ ALWY 16
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, 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 parry 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 01257. 00OU743426. 3 ANAVAII_ ALWY 17
DocuSign Envelope ID: 8547E46B- 2833- 4E69- BBD4- 27477BDDODC5 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 oftheir 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.
LL ISQ
Ds
Consultants Authorized Initials
9. 7 Corporate Authority.
The persons executing this Agreement on behalf ofthe 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. 00Oin43426. 3 ANAVAII_ ALWY 18
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first -above written.
ATTEST:
G. SchwArtz, City
APPROVED AS TO FORM:`
ALESHIRE & WYNDER, LLP
Se, A4f6
Anthony R. Taylor, City Attorney
CITY:
CITY OF SOUTH EL MONTE, a municipal
corporation
GloriaOlmos, Mayor '
b
CONSULTANT:
COUNCIL FOR WATERSHED HEALTH, a
nonprofit corporation
By:
Name: Eileen
Title: Executive Director
By:_
Name:
A,dress: 177 E. Colorado Blvd, Suite 200
Pasadena, CA 91105
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. 000in43426. 3 ANAVAII ALWY 19
DocuSign Envelope ID: 8547E46B- 2833- 4E69- BBD4- 27477BDDODC5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first -above written.
ATTEST:
See MAW"
Donna G. Schwartz, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Anthony R. Taylor, City Attorney
CITY:
CITY OF SOUTH EL MONTE, a municipal
corporation
Gloria Olmos, Mayor
CONSULTANT:
COUNCIL FOR WATERSHED HEALTH, a
nonprofit corporation
rD"'
sig" o by:
By: lo,F o
Name: Eileen Alduenda
Title: Executive Director
F
D- 31pned by:
By: QrA Wa
Name:
Ara awa
Title: Board President, council for watershed Health
Address: 177 E. Colorado Blvd, Suite 200
Pasadena, CA 91105
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. 000in43426. 3 ANAVAII ALWY 19
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT
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.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On , 2021 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.
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
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))
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER( S) OTHER THAN NAMED ABOVE
01257. 0001/ 743426. 3 ANAVAII_ ALWY
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity ofthe individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On , 2021 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.
Signature:
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CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
CORPORATE OFFICER
TITLE( S)
NMI
PARTNER( S) LIMITED
GENERAL
ATTORNEY - IN -FACT
TRUSTEE( S)
GUARDIAN/ CONSERVATOR
OTHER
SIGNER IS REPRESENTING:
NAME OF PERSON( S) OR ENTITY( IES))
DESCRIPTION OF ATTACHED DOCUMENT
TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER( S) OTHER THAN NAMED ABOVE
01257. 0001/ 743426. 3 ANAVAII_ ALWY
EXHIBIT " A"
SCOPE OF SERVICES
I. Consultant will perform the following project administration services for the Merced Avenue Greenway Project:
A. Project Administration and Contract Procurement:
Consultant will manage the subconsultants ( ActiveSGV, Climate Resolve, Tetra Tech/ Alta), who are tasked with engagement, outreach, education, monitoring, and training in the CNRA Prop 68 Grant ( Attached as Exhibit E).
Consultant will assist the City to coordinate with outside agencies and funders as needed per the grant.
Consultant will assist the City CIP Manager as requested in the management of the construction timeline and leading monthly project team meetings.
B. Construction Bid Package
Consultant will assist the City in the review ofthe construction bid documents to make sure that all requirements are included as it relates to Federal or State funding documentation.
Consultant will participate in the bid package advertisement, including pre -bid meetings as needed, review of bids, and make recommendations in the selection process as requested by the City.
C. Community Engagement:
Consultant will work with ActiveSGV, Climate Resolve, and with City staff to notify the community of the construction timeline and potential lane closures and neighborhood access ways.
ActiveSGV will establish a community advisory committee, hold engagement events to educate residents about the multiple benefits of the project and provide updates on project progress.
Consultant will maintain the construction website and means of communication so that residents can share concerns easily. 01257. 00OU743426. 3 ANAVAII ALWY A- 1
As an engagement exercise with residents, Active SGV will oversee bike and ped counts after construction is complete.
D. Construction Monitoring & Technical Services:
Consultant will review and monitor field activity with the City CIP Manager to ensure the scope of the construction specifications are met.
Consultant will photo document construction progress throughout this implementation phase.
E. Water Quality & Urban Heat Island ( UHI) Monitoring:
Consultant will monitor water quality and landscape health to evaluate successes and outcomes.
Consultant will develop a post -construction monitoring plan to measure the effectiveness of the BMP treatment train.
Consultant will monitor conditions for two years post construction in order to develop baseline data. Climate Resolve will be conducting a post - construction urban heat island ( LTHI) study to track shading and hardscape reduction improvements. As part of the grant requirements, the City will also be hiring the San Gabriel Conservation Corps to plant 130 street trees on Merced Avenue.
Consultant will work with the City CIP Manager and Construction contractor to provide hands- on training for planting the trees as well as care and maintenance.
II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City:
A. Reports as applicable to the tasks
B. Correspondence describing tasks and findings
III. 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. Regular e- mail updates
B. Verbal updates by phone or in person, as requested by the City IV. 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.
01257. 000in43426. 3 ANAVAII ALWY A- 2
V. Consultant will utilize the following personnel to accomplish the Services:
A. Eileen Alduenda, Executive Director
B. Jason Casanova, Director of Planning
C. Rumi Yanakiev, Director of Operations and Finance
D. Andrea Dell' Apa, Project Manager
E. Yareli Sanchez, Sr. Scientist
F. Drew Ready, Sr. Programs Manager
G. Elise Eberhard, GIS Analyst & Digital Communications H. Amanda Zeidner, Community Communications Coordinator I. Subcontractors: ActiveSGV, Climate Resolve, TetraTech, Alta Planning 01257. 0001/ 743426. 3 ANAVAII ALWY A- 3
EXHIBIT " B"
SPECIAL REQUIREMENTS
Superseding Contract Boilerplate)
Section, 4. 5, " Prohibition Against Subcontracting or Assignment" is deleted in its entirety.
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5. 1 Insurance Coverages.
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, 00O, 000 $ 1, 000, 000 per occurrence, $ 4, 000, 000 $ 3, 000, 000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability * hm has not been a'"' e~ aAny endorsement restricting standard ISO " insured contract" language will not be accepted. 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 orregulatory claims, damages topersons or property, losses, costs, penalties, obligations, errors, omissions orliabilities 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 ofthe work, operations or activities provided herein of Consultant, its officers, employees, agents, subcontractors, orinvitees, 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 ofthis Agreement, and in connection therewith: 0
1257. 0001/ 743426. 3 ANAVAII ALWY B- 1
Each party is responsible for, and will indemnify the other, for any damage to, or destruction of their own equipment, tools or other personal property and that of their employees regardless ofthe cause.
The City agrees to attempt reconciliation prior to bringing legal action by submitting a dispute to mediation by a neutral third party under the laws ofthe State of California and agreed to by both parties to the agreement. Ifany legal action is brought by any party to enforce anyprovision ofthis Agreement, theprevailing party shall be entitled to recoverfrom the other party reasonable attorneys' fees and court costs in such amount as shall be allowed by the court. For purposes ofthis provision, ` prevailing party' shall include a party which dismisses an action for recovery hereunder in exchange for payment ofthe sum allegedly due, performance ofthe covenants allegedly breached, or consideration substantially equal to the relief sought in the action or proceeding.
a) If mediation by a neutral third party fails to provide any resolution, 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;
b) If mediation by a neutral third party fails to provide any resolution, 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; c) 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, and ifmediation by a neutral third party fails to provide any resolution, 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 ofthis Agreement.
01257. 000in43426. 3 ANAVAII ALWY B- 2
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.
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 within the performance term ofthis agreement. 01257. 0001/ 743426. 3 ANAVAII ALWY B- 3
EXHIBIT " C"
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks at the following rates:
TASK SUB -
BUDGET
Task A Project Management $ 119, 624
Task B Construction Bid $ 44, 420
Package
Task C Community $ 92, 595
Engagement
Task D Construction $ 114, 940
Monitoring &
Technical Services
Task E Water Quality & $ 40, 868
Urban Heat Island
UHI) Monitoring
Total Cost $ 412, 447
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. 9.
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.
01257. 00OU743426. 3 ANAVAII ALWY C- 1