Agenda packet — South El Monte City Council, October 8, 2024 (part 1 of 2)

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Gloria Olmos, Mayor
Rudy Bojorquez, Mayor Pro Tem
Manuel Acosta, Councilmember
Richard Angel, Councilmember
Hector Delgado, Councilmember
Rene Salas, City Manager
Anthony R. Taylor, City Attorney
Sabrina Muhne, Interim City Clerk
Masami Higa, Director of Finance

CITY OF SOUTH EL MONTE

REGULAR MEETING OF THE SOUTH EL MONTE CITY COUNCIL
AGENDA
October 8, 2024, 6:00 PM
1415 Santa Anita Avenue, South El Monte, CA 91733

PUBLIC COMMENT
To participate during public comment via teleconference, see below:

Link: https://us02web.zoom.us/j/86581711880
Webinar ID: 865 8171 1880
Or call in: 1 669 900 6833, when prompted, enter 86581711880#

LIVE STREAMING OF MEETINGS
The City of South El Monte live streams the City Council Meetings over the Internet at https://www.cityofsouthelmonte.org/129/City-Council-Agendas-Minutes after the meetings, recordings are immediately posted. NOTE: Your attendance at this public meeting may result in the streaming and recording of your image and/or voice.

AMERICANS WITH DISABILITIES ACT
In accordance with the Americans with Disabilities Act of 1990, if you require a disability-related modification or accommodation to attend or participate in this meeting, including auxiliary aids or services, please call the City Clerk’s office at (626) 579-6540 at least 72 hours prior to the meeting.

GENERAL COMMENT
Members of the public wishing to submit a general comment or a comment on an agenda item, can email [email protected] or call (626) 579-6540 to leave a voicemail message. All comments received an hour before the scheduled meeting will be read during public comment and made part of the record.

MEETINGS
The City Council holds regular meetings on the second and fourth Tuesday of every month. Regular meetings start at 6 p.m. in the Council Chambers at City Hall, 1415 Santa Anita Avenue, South El Monte, California. Special and Adjourned Regular meetings start time are to be determined.

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POSTING LOCATIONS OF AGENDA AND/OR CANCELLATION NOTICES Regular meeting agendas will be posted at least 72 hours before the meeting (GC 54954(a)(1)).

Agenda and Cancellation Notices can be viewed online and are also posted at the following three (3) locations: City Hall located at 1415 Santa Anita Avenue, Senior Center located at 1556 Central Avenue and the Community Center located at 1530 Central Avenue, South El Monte, California.

VIEWING OF AGENDA PACKETS
Full agenda packet can be viewed either at www.cityofsouthelmonte.org/129/CityCouncil-Agendas-Minutes or in the City Clerk’s Office during normal business hours Monday through Thursday, 7:00 a.m. to 5:30 p.m. Closed on Fridays and major holidays.

ISSUES RELATED TO AGENDA
For issues related to the agenda, including a disability-related accommodation necessary to participate in this meeting, please contact:

Sabrina Muhne, Interim City Clerk
Ph (626) 579-6540
Cell (626) 374-1998
Robert Molina, Interim Deputy City Clerk
Ph (626) 579-6540
Cell (626) 816-2907

LEVINE ACT DISCLOSURE
Pursuant to the Levine Act (Govt Code Section 84308), any party to a permit, license, contract, or other entitlement before the City Council is required to disclose on the record any campaign contribution, including aggregated contributions, of more than $250 made by the party or the party's agents within the preceding 12 months to any City official. Participants and agents are requested to make this disclosure as well. The disclosure should be made when the agenda item is called and must include the name of the party, participant, or agent, and any other person making the contribution, the name of the recipient, the amount of the contribution, and the date the contribution was made. Council Members are also required to make such disclosures and recuse themselves.

CONFLICT OF INTEREST
City Council Members with a conflict of interest under the Political Reform Act are required to make disclosure of financial interest when the item is called and recuse themselves.

AGENDA BEGINS ON THE FOLLOWING PAGE

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1. ROLL CALL
Councilmembers: Acosta, Angel, Delgado, Mayor Pro Tem Bojorquez, and Mayor Olmos

2. PLEDGE OF ALLEGIANCE
Mayor Gloria Olmos

3. INVOCATION
Pastor Ben Garrett, Faith Dominion Church

4. PRESENTATIONS

4.a. Presentation by Mackenzie Bolger, Sustainability Programs Manager, and Caitlin Sims, Manager of Local Programs, San Gabriel Valley Council of Governments on the 2024 SGVCOG Update

4.b. Presentation of Plaque by the Veterans of Foreign Wars Post 10218 to the City of South El Monte

4.c. Presentation of Certificates of Recognition to Recipients of the 2023 "Good Corporate Citizens" Honored by Los Angeles County Sanitation Districts

5. APPROVAL OF THE AGENDA AND WAIVER OF FULL READING OF

ORDINANCES
By motion of the City Council, this is the time to notify the public of any changes to the agenda, remove items from the consent calendar for individual consideration and/or rearrange the order of the agenda.

6. PUBLIC COMMENT
Speakers may provide public comments on any matter within the subject matter jurisdiction of the City Council, including items on the agenda. Each speaker will be limited to five minutes. Unless a majority of the Council objects, the Mayor may provide speakers more or less time to speak. All comments or queries shall be addressed to the Council as a body and not to any specific member thereof.

Pursuant to Government Code Section 54954.2(a)(2), the Ralph M. Brown Act, no action or discussion by the City Council shall be undertaken on any item not appearing on the posted agenda, except to briefly provide information, ask for clarification, provide direction to staff, or schedule a matter for a future meeting.

7. CONSENT CALENDAR
Items on the consent calendar are considered to be routine and customary and are enacted by a single motion with the exception of items previously removed by a member of the City Council during "Approval of the Agenda" for individual consideration. Any items removed shall be individually considered immediately after taking action on the Consent Calendar.

Consent Calendar Items 7.a. through 7.d. next page.

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CONSENT CALENDAR (CONTINUED)

7.a. CONSIDERATION AND APPROVAL OF THE REGULAR CITY
COUNCIL MEETING MINUTES OF SEPTEMBER 24, 2024

Staff is requesting approval of Minutes for the September 24, 2024, Regular City Council Meeting.

RECOMMENDED ACTION: Staff is requesting approval of Minutes for the September 24, 2024, Regular City Council Meeting.

7.b. CONSIDERATION AND APPROVAL OF THE SPECIAL CITY COUNCIL MEETING MINUTES OF SEPTEMBER 24, 2024

Staff is requesting approval of Minutes for the September 24, 2024, Special City Council Meeting.

RECOMMENDED ACTION: Staff is requesting approval of Minutes for the September 24, 2024, Special City Council Meeting.

7.c. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 24-228, APPROVING WARRANTS FOR THE PERIOD OF SEPTEMBER 25,
2024, THROUGH OCTOBER 8, 2024

Authorizing payment of City expenditures for the period of September 25, 2024, through October 08, 2024, totaling $1,875,324.41.

RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 24-228, authorizing payment of City expenditures.

7.d. CONSIDERATION AND APPROVAL OF RESOLUTION 24-229,

AUTHORIZING THE PURCHASE OF A TRANSPORTATION VEHICLE
FROM TESLA, INC.

The Senior Services and Transportation Division ("Division") is committed to improving mobility for seniors and individuals with disabilities by offering safe and efficient transportation services. The Division seeks approval to purchase a Tesla Model Y Long Range Pack ("Tesla Model Y") with funding allocated through the Prop A - Dispatch Implementation Plan account included in the City's approved Fiscal Year (FY) 2024-2025 Budget.

RECOMMENDED ACTION: Staff recommends City Council:

1. Approve Resolution No. 24-229, approving the purchase of a Tesla Model Y from Tesla, Inc.; and

2. Authorize the City Manager to negotiate and execute all requisite documents for the purchase.

Consent Calendar Items 7.e. and 7.f. next page.

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CONSENT CALENDAR (CONTINUED)

7.e. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 24-230,

AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE

AN AGREEMENT WITH MOBILITY DEVELOPMENT OPERATIONS,

LLC (MOD) TO ALLOW THEM TO USE SIX DESIGNATED ELECTRIC

VEHICLE CHARGING PARKING SPACES FOR THE OPERATION OF
AN ELECTRIC VEHICLE CAR SHARING PROGRAM.

Staff seeks City Council approval to execute an agreement with Mobility Development Operations, LLC (MDO) to allow them to use six designated electric car charging parking spaces for the operation of an electric vehicle car sharing program.

RECOMMENDED ACTION: Staff recommends City Council:

1. Adopt Resolution No. 24-230 to execute an Agreement for the use of six electric vehicle charging stations with Mobility Development Operations, LLC: and

2. Authorize the City Manager or designee to execute the agreement.

7.f. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 24-231,

APPROVING THE MEMORANDUM OF AGREEMENT (MOA) BETWEEN

THE CITY OF SOUTH EL MONTE AND THE SAN GABRIEL VALLEY

COUNCIL OF GOVERNMENTS (SGVCOG) TO IMPLEMENT THE
METRO EXPRESSLANES I-10 E-BIKE ACCESS PROJECT

The City of South El Monte received a grant through the Metro ExpressLanes Net Toll Revenue Reinvestment Grant Program to enhance the GoSGV E-Bike Share program in the city and other surrounding areas by purchasing additional cargo e-bikes and accessories, providing discounted GoSGV memberships and e-bike rebates to eligible residents, hosting e-bike demonstration events and safety classes, and completing an evaluation of GoSGV. The City will partner with the San Gabriel Valley Council of Governments (SGVCOG) to implement the Metro
ExpressLanes I-10 E-Bike Access Project.

RECOMMENDED ACTION: Staff recommends City Council:

1. Adopt Resolution No 24-231, approving the Memorandum of Agreement (MOA) with the San Gabriel Valley Council of
Governments (SGVCOG) to implement the Metro ExpressLanes I-10 E-Bike Access Project; and

2. Authorize the City Manager or designee to execute the agreement.

Consent Calendar Items 7.g. and 7.h. next page.

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CONSENT CALENDAR (CONTINUED)

7.g. ADOPTION OF ORDINANCE NO. 1276, AMENDING CHAPTER 2.04 OF TITLE 2 OF THE SOUTH EL MONTE MUNICIPAL CODE REGARDING

COMPENSATION OF MAYOR AND COUNCILMEMBERS

California Government Code Section 36516(a)(4) provides that cities may increase the salary of councilmembers five percent (5%) for each calendar year from the operative date of the last adjustment. The proposed amendment for the change in salary shall become effective when one or more councilmembers commences a new term on or about December 10, 2024.

RECOMMENDED ACTION: Staff recommends City Council waive second reading and adopt Ordinance No. 1276, regarding the compensation of Councilmembers pursuant to California Government Code section 36516.

7.h. ADOPTION OF ORDINANCE NO. 1277, ADDING CHAPTER 8.22 TO TITLE 8 OF THE SOUTH EL MONTE MUNICIPAL CODE THEREBY
AMENDING THE CITY’S HEALTH AND SAFETY REGULATIONS IN

RELATION TO CAMPING AND STORAGE OF PERSONAL PROPERTY

The City Attorney’s Office and City staff are presenting proposed Ordinance No. 1277, “An Ordinance of the South El Monte City Council Adding Chapter 8.22 of Title 8 of the South El Monte Municipal Code Thereby Amending the City’s Health and Safety Regulations in Relation to Camping and Storage of Personal Property (Ordinance No. 1277).” RECOMMENDED ACTION: Staff recommends City Council:

1. Find that the ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to CEQA Regulation 15061(b)(3); and

2. Based on the analysis provided in the attached ordinance, waive second reading and adopt Ordinance No. 1277
Consent Calendar Item 7.i. next page.

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CONSENT CALENDAR (CONTINUED)

7.i. ADOPTION OF ORDINANCE NO. 1278, AMENDING CHAPTER 8.40 OF TITLE 8 OF THE SOUTH EL MONTE MUNICIPAL CODE REGARDING

TOBACCO AND ELECTRONIC CIGARETTE RETAIL PERMITTING

REGULATIONS

On September 24, 2024, the City Attorney’s Office and City staff proposed certain amendments to South El Monte Municipal Code (“SEMMC”) Chapter 8.40, Tobacco and Electronic Cigarette Retail Permitting Regulations. Following the City Attorney’s Office and City staff’s presentation, the City Council unanimously approved the first reading of Ordinance No. 1278.

RECOMMENDED ACTION: Staff recommends City Council:

1. Find that exemptions under the California Environmental Quality Act (CEQA) based on Public Resources Code section 21065 and State CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), and 15378 apply; and

2. Approve the second reading of and adopt Ordinance No. 1278, amending SEMMC Chapter 8.40 to prohibit the sale of flavored tobacco and electronic cigarettes products, the repackaging of tobacco products, and establishing a radius requirement between a tobacco retailer and youth-oriented areas in order to preserve the health, safety, and welfare of all community members (especially minors) and to enforce all Federal and State tobacco regulations to the fullest extent permitted by law.

8. PUBLIC HEARINGS - None
General Business next page.

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9. GENERAL BUSINESS

9.a. AN UNCODIFIED INTERIM URGENCY ORDINANCE OF THE CITY

COUNCIL OF THE CITY OF SOUTH EL MONTE, CALIFORNIA,

ENACTED PURSUANT TO CALIFORNIA GOVERNMENT CODE
SECTION 65858 ESTABLISHING A 45-DAY TEMPORARY

MORATORIUM ON NON-CAMTC OPERATING MASSAGE

ESTABLISHMENTS AND MASSAGE PRACTITIONERS WITHIN CITY
LIMITS DURING THE PENDENCY OF THE CITY’S STUDY AND
DEVELOPMENT OF REASONABLE REGULATIONS; AND

DECLARING THE URGENCY THEREOF

The proposed moratorium would prohibit the operation of non-California Massage Therapy Council (CAMTC) massage establishments and practitioners within the City for 45 days (unless extended) while City staff reviews and develops appropriate regulations for such businesses.

RECOMMENDED ACTION: Staff recommends City Council:

1. Find that exemptions under the California Environmental Quality Act (CEQA) based on Public Resources Code section 21065 and State CEQA Guidelines Sections 15001, 15061(b)(3), and 15378 apply;

2. Waive further reading, and adopt Urgency Ordinance No. 1279-U, establishing a 45-days temporary moratorium on non-CAMTC operating massage establishments and massage practitioners within City limits during the pendency of the City’s review and development of reasonable regulations for such uses; and

3. Authorize the City Manager to direct the Planning Division and Planning Commission to review the development standards for nonCAMTC massage establishments and massage practitioners and survey development standards for these types of businesses in other cities.

9.b. FINANCE WORKSHOP TO SEEK DIRECTION FROM CITY COUNCIL REGARDING TITLE 3 OF THE SOUTH EL MONTE MUNICIPAL CODE

Finance Workshop to seek direction from City Council regarding Title 3 of the South El Monte Municipal Code.

RECOMMENDED ACTION: Staff seeks direction from City Council to help modernize certain outdated sections of the City's code.

10. COMMITTEE REPORTS, INCLUDING AB 1234 REPORTS
AB 1234, section 53232.3(d) requires Members of a legislative body to provide brief reports on meetings attended at the expense of the local agency (i.e., League of California Cities Conferences, ICSC conferences, etc.) at the next regular meeting of the legislative body.

11. CORRESPONDENCE - None

12. COUNCILMEMBERS’ AGENDA - None

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13. CLOSED SESSION - None

14. ADJOURNMENT
Tuesday, October 22, 2024, at 6:00 p.m.

I, Sabrina Muhne, hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted not less than 72 hours at the following locations: City of South El Monte City Hall, Senior Center and Community Center and made available at www.cityofsouthelmonte.org on this October 3, 2024.

Sabrina Muhne

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City Council Agenda Report
Agenda Item No. 4.a.

DATE: October 8, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY:

SUBJECT: Presentation by Mackenzie Bolger, Sustainability Programs Manager, and Caitlin Sims, Manager of Local Programs, San Gabriel Valley Council of Governments on the 2024 SGVCOG Update
SUMMARY:

RECOMMENDED ACTION:

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

A. 2024 SGVCOG Update

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2024 Update

SAN GABRIEL VALLEY

COUNCIL OF GOVERNMENTS
PRESENTED BY:

MACKENZIE BOLGER,

SUSTAINABILITY PROGRAM

MANAGER
& CAITLIN SIMS, LOCAL

PROGRAMS MANAGER

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LEADERSHIP
TimHepburn
President
EdReece
1stVicePresident
April Verlato
2ndVicePresident
CoryMoss
3rdVicePresident

SANGABRIELVALLEY

COUNCILOFGOVERNMENTS

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SAN GABRIEL VALLEY

COUNCIL OF GOVERNMENTS

SAFE & CLEAN

ENVIRONMENTS
Fire Prep SGV

FRESH SGV
Neighborhood Coyote
Regional Broadband
SoCalREN / Energy
ULAR & Water Studies

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MOVING US FORWARD
57/60 Confluence Project
Alameda Corridor-East Project
ESGV Sustainable Multimodal Improvement Project
Measure M Subregional Program
Open Streets Program
SGV Regional Bikeshare Program (GoSGV)
SGV Bus Corridor Transit Improvements Project
Vehicle Miles Traveled Model & Tool

SAN GABRIEL VALLEY

COUNCIL OF GOVERNMENTS

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A PLACE TO

CALL HOME
Affordable Housing Incubator Program / REAP 1.0
City Homelessness Programs
Housing Navigator & Locator
Housing Linkage Working Group
Pipeline Funding
Revolving Loan Fund
Rapid Housing Development Program
Tiny Home Bridge Housing

SAN GABRIEL VALLEY

COUNCIL OF GOVERNMENTS

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NEIGHBORS

IN NEED
Regional Outreach & Supportive Services
SGV CARE / Mobile Crisis
Village 143
SGV Works

SAN GABRIEL VALLEY

COUNCIL OF GOVERNMENTS

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FY 2023-24

ACCOMPLISHMENTS
Broke Ground on the
Montebello Corridor &
Turnbull Canyon Road Grade
Separation Projects
3 Food Recovery Hubs Opened
1900+ Vulnerable Residents Reached
by L.A. CADA & 88 Clients Housed
Revolving Loan Fund Supported 242
Units & 16 Affordable Homeownership
Opportunities*

SAN GABRIEL VALLEY

COUNCIL OF GOVERNMENTS
*SGVRHT

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Awarded $5,671,500.00
in Measure M Subregional Funds
GoSGV Expansion
Subsidized GoSGV memberships and
e-bike rebates for eligible residents
LA CADA Homelessness
Outreach
Proactive outreach and services
connections for residents

CITY OF

SOUTH EL MONTE
Program & Project Highlights

SAN GABRIEL VALLEY

COUNCIL OF GOVERNMENTS

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WEISENHAM

TECH SOLUTIONS

SAN GABRIEL VALLEY

COUNCIL OF GOVERNMENTS
FY 2024-25

LOOKING AHEAD
Complete SGV Broadband Strategic
Plan & SGV Regional Community
Wildfire Protection Plan
Begin Implementation of Jump-Start
Bus Corridor Improvements Ahead of
2028 Olympics
Award $6 Million in Loan Funds to Support
Construction of ~120 Affordable Units*
Use Rapid Housing Development Funds to
Permanently House 76 Individuals & Support
67 Interim Housing Units in 3 Cities
*SGVRHT

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POLICY

COMMITTEE

WALL OF FAME
(FY24)

SAN GABRIEL VALLEY

COUNCIL OF GOVERNMENTS
EENR / Water
Carlos Goytia
David Fredendall
Jen Guess
Jennifer Stark*
John Ebiner
Julie Carver
Margaret Clark
Michael Allawos
Michael Cacciotti
Michael Flores Jr.

Sandy Costandi
Sergio Jimenez
Stan Liu
Tamala Kelly
Tony Ding
Vinh Truong
Homelessness
Andrew Leon
April Verlato
Becky Shevlin*
Daniella Urbina
Donyielle Holley
H. Manuel Ortiz
Jed Leano
Jody Schulz
John Ebiner
Karen Davis
Manuel Carrillo
Margaret Clark
Michael Cacciotti
Rene Salas
Robert Gonzales
Vanessa Sedano
William Huang
SGVRHT
Adele Andrade
Stadler
Alma Martinez
Anne Turner
Becky Shevlin
Emmanuel Estrada
Gary Boyer
Jed Leano*
Patty Cortez
Thomas Wong
Transportation
Adele Andrade-Stadler
Ashley Avery
Cory Moss
Dave Perry
David Liu
Dennis Beckwith
Ed Reece*
Gloria Olmos
Jenny Cristales-Cevallos
Kim Bowman
Larry Spicer
Ryan Serrano
Samuel Kang
Steven Mateer
Tim Sandoval
Tony Ding
City Managers’
Steering
Adam Raymond
Armine Chaparyan
Bryan Cook
Chris Constantin
Dan Fox
Dominic Lazzaretto
Dylan Feik
Enrique Zaldivar
Jessica Binnquist*
Josh Nelson
Kevin Kearney
Mark Lazzaretto
Rene Salas
Sergio Gonzalez
Executive
April Verlato
Becky Shevlin
Cory Moss
Ed Reece
Jennifer Stark
Jessica Binnquist
Tim Hepburn*
Tim Sandoval
CPCC
Becky Shevlin
Cory Moss
David Torres
Ed Reece
Tim Hepburn*
Tim Sandoval
Hilda Solis
Ruth Low
Sean Dang

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y
ou
Thank
[email protected] | [email protected] Contact me!

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City Council Agenda Report
Agenda Item No. 4.b.

DATE: October 8, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY:

SUBJECT: Presentation of Plaque by the Veterans of Foreign Wars Post 10218 to the City of South El Monte
SUMMARY:

RECOMMENDED ACTION:

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

None

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City Council Agenda Report
Agenda Item No. 4.c.

DATE: October 8, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY:

SUBJECT: Presentation of Certificates of Recognition to Recipients of the 2023 "Good Corporate Citizens" Honored by Los Angeles
County Sanitation Districts
SUMMARY:

RECOMMENDED ACTION:

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

None

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

DATE: October 8, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Sabrina Muhne, Interim City Clerk
SUBJECT: CONSIDERATION AND APPROVAL OF THE REGULAR CITY COUNCIL MEETING MINUTES OF SEPTEMBER 24, 2024
SUMMARY: Staff is requesting approval of Minutes for the September 24, 2024, Regular City Council Meeting.

RECOMMENDED ACTION: Staff is requesting approval of Minutes for the September 24, 2024, Regular City Council Meeting.

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

A. DRAFT Reg CC Minutes 9-24-24

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CITY OF SOUTH EL MONTE

REGULAR CITY COUNCIL MEETING MINUTES
Tuesday, September 24, 2024 - 6:00 PM
1415 Santa Anita Avenue, South El Monte, California 91733 Mayor Olmos called the meeting to order at 6:02 P.M.

1. ROLL CALL
PRESENT: Councilmember(s): Acosta, Angel, Delgado, Mayor Pro Tem Bojorquez, and Mayor Olmos
ABSENT: Councilmember(s): None
STAFF PRESENT: Rene Salas, City Manager; Anthony R. Taylor, City Attorney; Sabrina Muhne, Interim City Clerk; Masami Higa, Director of Finance; Ariana De La Cruz, Director of Community Services (via Zoom); Iyob Tessema, Director of Human Resources & Risk Management; John Poehler, Director of Public Works; and Robert Molina, Interim Deputy City Clerk.

Zoom was provided for the Public to participate during public comment via teleconference.

2. PLEDGE OF ALLEGIANCE – Councilmember Hector Delgado led the Pledge of Allegiance.

3. INVOCATION – Pastor Charlie Corum, South El Monte Community Outreach, offered the invocation.

4. PRESENTATIONS

4.a. Mayor and City Council presented a Proclamation proclaiming Childhood Cancer Awareness Month.

4.b. Mayor and City Council acknowledged the Finance department for receiving the Government Finance Officers Association's Certificate of Achievement for Excellence in Financial Reporting.

4.c. Chris Knight, Chief Executive Officer, provided a presentation on the El Monte/South El Monte Chamber of Commerce Second Quarter Update, and presented a 2024 Community Profile & Business Resource Guide.

4.d. Mayor and City Council received the Sheriff's Department Report for the Months of July and August 2024.

4.e. Mayor and City Council received the Code Enforcement and Public Safety Department Report for the Months of July and August 2024.

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PRESENTATIONS (CONTINUED)

4.f. Josh Vredevoogd, Steering Committee Member, Streets for All, provided a presentation on the Hill to Sea Corridor and requested a letter of support for the project.

5. APPROVAL OF THE AGENDA AND WAIVER OF FULL READING OF

ORDINANCES
Anthony Taylor, City Attorney, announced matters that are publicly available but modify the existing agenda that was posted. Agenda Item 9.c., the City Clerk Employment Agreement is publicly available and the item has been updated, under Agenda Item 9.d. there is a corrected ordinance, the anti-camping ordinance, is publicly available, and under Agenda Item 9.e., the tobacco regulatory ordinance, there were additional discussions and analysis, adding another section to add the intent to add additional protections for minors, and to prevent discounts that would cause minors to buy tobacco products when they shouldn’t, and the addition reads as, “A retailer is prohibited from selling any tobacco product to a consumer through an individual tobacco product discount or otherwise provide any such tobacco product discount to a consumer for less than the full price in consideration for the purchase of any tobacco product being sold separately from the original packaging from the manufacturer. The required minimum package size for tobacco products can be established by the City Council through a resolution,” and a request to hear Agenda Item 9.e. to be moved up and heard after Public Comment.

Motion by Councilmember Delgado, seconded by Mayor Pro Tem Bojorquez, to approve the agenda as amended. Motion passed 5-0, by the following vote:

AYES: Councilmember(s): Acosta, Angel, Delgado, Mayor Pro Tem Bojorquez, and Mayor Olmos
NAYS: Councilmember(s): None

6. PUBLIC COMMENT
Mayor Olmos opened public comment.

Staff presented a cake to Mayor Pro Tem Bojorquez for his birthday.

1. Estella Pineda, resident and member of the Breathe Clean Coalition South El Monte, spoke in support of Agenda Item 9.e.

2. Manuela Saldaña, resident and member of the Breathe Clean Coalition South El Monte, spoke in support of Agenda Item 9.e.

3. Yaneth Rodriguez, Keck School of Medicine, University of Southern California, shared information from a research article that was emailed to Mayor and City Council, and spoke in support of Agenda Item 9.e. The supplemental email is on file in the City Clerk's Office.

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PUBLIC COMMENT (CONTINUED)

4. Dr. Julia Ruedas, Senior Program Manager & Policy Analyst, LAC+USC Medical Center Foundation, thanked Council for allowing their team to present during the last City Council meeting, acknowledged the Breathe Clean Coalition South El Monte and Healthy South El Monte Leadership Council for their support, and spoke in support of Agenda Item 9.e.

5. Cindy Wu, Mountain View School District Board of Education Member, and member of the Breathe Clean Coalition South El Monte, spoke in support of Agenda Item 9.e.

6. Sil Ruiz, Library Manager, South El Monte Library, thanked the Mayor and City Council for their support and for recognizing the contributions of student volunteers during the last City Council meeting, promoted the 45th Annual Bookmark Contest for children in kindergarten through 12th grade to design a bookmark for Los Angeles County libraries, and announced library events and programs.

7. Eduardo Sauceda, resident, commended the Los Angeles County Sheriff’s Department, and spoke on asking kids to lead the Pledge of Allegiance during City Council meetings, the Hill to Sea presentation, and on The Rustic & Chic Co.

8. Juliette Martinez, Vice President of Community Impact, American Heart Association, spoke in support of Agenda Item 9.e.

9. The Interim City Clerk read an emailed public comment from Gerson Leon in support of Agenda Item 9.e. A printout of the email is available for public viewing in the City Clerk’s Office.

There being no further public comment, Mayor Olmos closed public comment.

Agenda Item 9.e. was heard at this time.

9.e. CONSIDERATION AND APPROVAL OF ORDINANCE NO. 1278,
AMENDING CHAPTER 8.40 OF TITLE 8 OF THE SOUTH EL MONTE

MUNICIPAL CODE REGARDING TOBACCO AND ELECTRONIC

CIGARETTE RETAIL PERMITTING REGULATIONS
Anthony Taylor, City Attorney, presented a report.

Motion by Councilmember Angel, seconded by Councilmember Delgado, to find that California Environmental Quality Act (CEQA) in accordance with Section 21065 of CEQA and State CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), and 15378 applies, conducted the first reading of Ordinance No. 1278 to amend SEMMC Chapter 8.40 to prohibit the sale of flavored tobacco and electronic cigarettes products, the repackaging of tobacco products, and establishing a radius requirement between a tobacco retailer and youth-oriented areas in order

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to preserve the health, safety, and welfare of all community members (especially minors) and to enforce all Federal and State tobacco regulations to the fullest extent permitted by law, and to set adoption of said ordinance at the next regular city council meeting. Motion passed 5-0, by the following vote:

AYES: Councilmember(s): Acosta, Angel, Delgado, Mayor Pro Tem Bojorquez, and Mayor Olmos
NAYS: Councilmember(s): None

7. CONSENT CALENDAR
Motion by Councilmember Acosta, seconded by Councilmember Delgado, to approve the Consent Calendar. Motion passed 5-0, by the following vote:

AYES: Councilmember(s): Acosta, Angel, Delgado, Mayor Pro Tem Bojorquez, and Mayor Olmos
NAYS: Councilmember(s): None

7.a. Approved the Minutes for the September 10, 2024, Regular City Council Meeting.

7.b. Authorized payment of City expenditures for the period of September 11, 2024, through September 24, 2024, totaling $2,386,159.42.

7.c. Adopted Resolution No. 24-224, approving Amendment No. 1 to the existing agreement Subaward ENP242509 between the City and County, and authorized the City Manager or designer to execute the agreement.

7.d. Approved the construction bid package to solicit bids for the South El Monte Safe Routes to School Pedestrian Safety Project, ATP Cycle 5.

7.e. Adopted Resolution No. 24-225 approving a professional services agreement with San Gabriel Valley Conservation Corps to plant 133 trees, as part of its youth job training program, for the Merced Avenue Greenway South Project, and authorized the City Manager or designee to negotiate and execute the agreement.

8. PUBLIC HEARINGS – None

9. GENERAL BUSINESS

9.a. CONSIDERATION AND APPROVAL OF ORDINANCE NO. 1276,
AMENDING CHAPTER 2.04 OF TITLE 2 OF THE SOUTH EL MONTE

MUNICIPAL CODE REGARDING COMPENSATION OF MAYOR AND

COUNCILMEMBERS
Anthony Taylor, City Attorney, read the title of the ordinance and presented a report.

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Motion by Councilmember Angel, seconded by Councilmember Delgado, to waive first reading and introduce Ordinance No. 1276, regarding the compensation of Councilmembers pursuant to California Government Code section 36516. Motion passed 5-0, by the following vote:

AYES: Councilmember(s): Acosta, Angel, Delgado, Mayor Pro Tem Bojorquez, and Mayor Olmos
NAYS: Councilmember(s): None

9.b. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 24-226,

APPROVING COST OF LIVING ADJUSTMENTS FOR JOB

CLASSIFICATIONS NOT SUBJECT TO A MEMORANDUM OF

UNDERSTANDING
Mayor Olmos introduced Rene Salas, City Manager, who presented a report.

Motion by Councilmember Acosta, seconded by Mayor Pro Tem Bojorquez, to adopt Resolution No. 24-226, approving cost of living adjustments of 5% for the City’s executive and part-time non-represented employees for FY 2024-25, FY 2025-26, and FY 2026-27. Motion passed 5-0, by the following vote:

AYES: Councilmember(s): Acosta, Angel, Delgado, Mayor Pro Tem Bojorquez, and Mayor Olmos
NAYS: Councilmember(s): None

9.c. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 24-227,

CONSENTING TO THE APPOINTMENT OF ADRIAN GARCIA AS CITY

CLERK AND APPROVAL OF CITY CLERK EMPLOYMENT

AGREEMENT
Anthony Taylor, City Attorney, announced the key terms of the agreement’s compensation and benefits. Rene Salas, City Manager, introduced Adrian Garcia who was in attendance.

Motion by Councilmember Angel, seconded by Councilmember Delgado, to.

Motion passed 5-0, by the following vote:

AYES: Councilmember(s): Acosta, Angel, Delgado, Mayor Pro Tem Bojorquez, and Mayor Olmos
NAYS: Councilmember(s): None

9.d. CONSIDERATION AND APPROVAL OF ORDINANCE NO. 1277,
ADDING CHAPTER 8.22 OF TITLE 8 OF THE SOUTH EL MONTE
MUNICIPAL CODE THEREBY AMENDING THE CITY’S HEALTH AND

SAFETY REGULATIONS IN RELATION TO CAMPING AND STORAGE

OF PERSONAL PROPERTY
Anthony Taylor, City Attorney, read the title of the ordinance and presented a report.

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Motion by Councilmember Acosta, seconded by Councilmember Delgado, to find that the ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to CEQA Regulation 15061(b)(3), based on the analysis provided in the attached ordinance, waive first reading and introduce Ordinance No. 1277, set adoption of said ordinance at the next regular city council meeting.

Motion passed 5-0, by the following vote:

AYES: Councilmember(s): Acosta, Angel, Delgado, Mayor Pro Tem Bojorquez, and Mayor Olmos
NAYS: Councilmember(s): None

9.e. CONSIDERATION AND APPROVAL OF ORDINANCE NO. 1278,
AMENDING CHAPTER 8.40 OF TITLE 8 OF THE SOUTH EL MONTE

MUNICIPAL CODE REGARDING TOBACCO AND ELECTRONIC

CIGARETTE RETAIL PERMITTING REGULATIONS
This item was skipped due to being heard earlier in the meeting, before General Business Item 9.a.

10. COMMITTEE REPORTS, INCLUDING AB 1234 REPORTS
Councilmember Acosta announced he attended the following: the grand opening of the Susan Rubio Zocalo Park & Civic Center Plaza in Baldwin Park, the 8th Annual Rosemead Moon Festival, and the Community Bike Ride to Celebrate Women and Girls.

Mayor Pro Tem Bojorquez announced he attended the following: the 9/11 Memorial Ceremony, Mexican Independence Day Fiesta, and the Planning Commission Meeting.

Councilmember Delgado announced he attended the following: the Greater Los Angeles County Vector Control District Board of Trustees Meeting, the 9/11 Memorial Ceremony, and the Mexican Independence Day Fiesta.

Councilmember Angel announced he attended the following: the grand opening of the Susan Rubio Zocalo Park & Civic Center Plaza in Baldwin Park, the 9/11 Memorial Ceremony, the Mexican Independence Day Fiesta, and the swearing in of South El Monte Seniors 3L Club Officers.

Mayor Olmos announced she attended the following: the 9/11 Memorial Ceremony, the grand opening of the Susan Rubio Zocalo Park & Civic Center Plaza in Baldwin Park, the Mexican Independence Day Fiesta, the swearing in of South El Monte Seniors 3L Club Officers, the Planning Commission Meeting, the California Contract Cities Association Board of Directors Meeting, the Southeast Area Animal Control Authority (SEACCA) Commission Meeting, and the Latina Golfers Association Golf 101 event.

11. CORRESPONDENCE – None

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12. COUNCILMEMBERS’ AGENDA – None

13. CLOSED SESSION
At 8:10 p.m. Anthony R. Taylor, City Attorney, recessed Council into closed session.

13.a. CONFERENCE WITH LEGAL COUNSEL – POTENTIAL INITIATION OF

LITIGATION
Pursuant to Government Code Section 54956.9(d)(4) – (one case) At 8:36 p.m. Mayor Olmos reconvened the meeting with all Councilmembers present.

Anthony R. Taylor, City Attorney, announced City Council discussed Item 13.a., no reportable action.

14. ADJOURNMENT
There being no further business coming before this body, at 8:38 p.m. Mayor Olmos adjourned the meeting to a Regular City Council Meeting on Tuesday, October 8, 2024, at 6:00 p.m.
___________________________ ______________________
Sabrina Muhne, Interim City Clerk Gloria Olmos, Mayor

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

DATE: October 8, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Sabrina Muhne, Interim City Clerk
SUBJECT: CONSIDERATION AND APPROVAL OF THE SPECIAL CITY COUNCIL MEETING MINUTES OF SEPTEMBER 24, 2024
SUMMARY: Staff is requesting approval of Minutes for the September 24, 2024, Special City Council Meeting.

RECOMMENDED ACTION: Staff is requesting approval of Minutes for the September 24, 2024, Special City Council Meeting.

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

A. DRAFT Spec CC Minutes 9-24-24

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Page 1 of 2 ends

CITY OF SOUTH EL MONTE

SPECIAL CITY COUNCIL MEETING MINUTES
Tuesday, September 24, 2024 - 7:30 PM
1415 Santa Anita Avenue, South El Monte, California 91733 Mayor Olmos called the meeting to order at 8:39 P.M.

Zoom was provided for the Public to participate during public comment via teleconference.

2. APPROVAL OF THE AGENDA AND WAIVER OF FULL READING OF

ORDINANCES
Motion by Councilmember Delgado, seconded by Councilmember Acosta, to approve the agenda. Motion passed 5-0, by the following vote:

AYES: Councilmember(s): Acosta, Angel, Delgado, Mayor Pro Tem Bojorquez, and Mayor Olmos
NAYS: Councilmember(s): None

3. PUBLIC COMMENT – None
Mayor Olmos opened public comment.

There being no public comment, Mayor Olmos closed public comment.

4. CONSENT CALENDAR – None

5. GENERAL BUSINESS

5.a. CONSIDERATION AND APPROVAL OF REQUIRED STATEMENT OF

RESIDENCY FORM FOR ALL EXISTING COMMISSIONERS AND

REVIEW OF UPDATES TO APPLICATION FOR APPOINTMENT TO

COMMISSION FOR FUTURE COMMISSIONERS
Anthony Taylor, City Attorney, summarized that based on council’s direction at the prior regular meeting, a statement of residency form was drafted for discussion

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Page 2 of 2 ends

and direction, as well as draft changes were made to the application for future commissioners, needing approval or further direction.

Discussion ensued among City Council on the topics of: clarification if City Councilmembers also have to sign the affidavit, the process of removing councilmembers via the Attorney General’s authority versus removing commissioners via City authority, clarification on AB 1234 Ethics training and Form 700 filing requirements, initiation of legal action and potential criminal consequences, specific language in the penalty of perjury statement, clarification of affidavit fields, definition of residency, changing the word of residency to residence, commissioners accepting stipends when not local residents and its potential criminal consequences, clarification on the affidavit fields, standards of residency requirements at other districts, further changes to the application draft, and the requirements of a driver’s license and utility bill are sufficient with the statement of signing under penalty of perjury with the application.

Motion by Councilmember Angel, seconded by Councilmember Acosta, to update the Application for Appointment to Commission by adding required proof of residence with a driver’s license and a utility bill, and to include a statement made under penalty of perjury to the application. Motion passed 5-0, by the following vote:

Anthony Taylor, City Attorney, requested clarified that this motion does not include requiring the affidavit
AYES: Councilmember(s): Acosta, Angel, Delgado, Mayor Pro Tem Bojorquez, and Mayor Olmos
NAYS: Councilmember(s): None

6. CLOSED SESSION – None

7. ADJOURNMENT
There being no further business coming before this body, at 9:08 p.m. Mayor Olmos adjourned the meeting to a Regular City Council Meeting on Tuesday, October 8, 2024, at 6:00 p.m.
___________________________ ______________________
Sabrina Muhne, Interim City Clerk Gloria Olmos, Mayor

Page 34 of 198 ends

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

DATE: October 8, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Masami Higa, Director of Finance
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
24-228, APPROVING WARRANTS FOR THE PERIOD OF
SEPTEMBER 25, 2024, THROUGH OCTOBER 8, 2024
SUMMARY: Authorizing payment of City expenditures for the period of September 25, 2024, through October 08, 2024, totaling $1,875,324.41.

RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 24- 228, authorizing payment of City expenditures.

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

A. Resolution No. 24-228
B. Expense Approval Report 10.08.24

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Page 1 of 2 ends

ATTACHMENT A

RESOLUTION NO. 24-228

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL

ALLOWING CERTAIN CLAIMS AND DEMANDS FOR THE
PERIOD OF SEPTEMBER 25, 2024, THROUGH OCTOBER 8,
2024, TOTALING $1,875,324.41.

THE CITY COUNCIL OF THE CITY OF SOUTH EL MONTE DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1: That in accordance with Section 37202 of the Government Code, the Finance Director hereby certifies to the accuracy of the following demands and the availability of funds for payment thereof.
_____________________________________
Finance Director
SECTION 2: That the following claims and demands have been audited as required by law and that the same are hereby allowed in the amount hereafter set forth.

CLAIMANT CLAIM PERIOD WARRANT #’S AMOUNT
FY 24/25 Electronic Warrants 09/11/24-09/24/24 DFT0002123-2192 $201,352.86 FY 24/25 Regular Warrants 09/11/24-09/24/24 15139-15236 $1,290,478.24 Payroll Check PPE 09/14/24 1922-1927 $4,794.27
Payroll Direct Deposit PPE 09/14/24 7860-8024 $199,517.75 Payroll Manual Check PPE 09/14/24 1928-1930 $2,448.94
Payroll Check PPE 09/28/24 1937-1943 $5,959.32
Payroll Direct Deposit PPE 09/28/24 8025-8145 $170,773.03 TOTAL EXPENDITURES RESOLUTION NO. 24-228, $1,875,324.41 PASSED, APPROVED, AND ADOPTED this 8th day of October 2024. __________________________________
Gloria Olmos, Mayor
ATTEST:
________________________________
Sabrina Muhne, Interim City Clerk

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Attachment: Exhibit A – Expense Report

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF SOUTH EL MONTE )
I, Sabrina Muhne, Interim City Clerk of the City of South El Monte, do hereby certify that the foregoing Resolution, being Resolution No. 24-228, was duly passed and approved by the City Council of the City of South El Monte at a regular meeting of said Council held on the 8th day of October 2024, and that said Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

_________________________________
Sabrina Muhne, Interim City Clerk

Page 37 of 198 ends

Vendor Name
CALIFORNIA TEAMSTERS LOCAL 911CALIFORNIA TEAMSTERS LOCAL 911STATE OF CA FRANCHISE TAX BOARDVONS CREDIT UNIONALLIANT INSURANCE SERVICESALLIANT INSURANCE SERVICESALLIANT INSURANCE SERVICESALLIANT INSURANCE SERVICESALLIANT INSURANCE SERVICESAARON REYESJOHN POEHLERLIGHT & POWER INTERNATIONALLIGHT & POWER INTERNATIONALMARCO CUELLARNORMA RODRIGUEZ ORTIZSAUL GUARDADOT-MOBILE USA INCZUMAYA RENTALS2010 OFFICE FURNITURE, INCA & R SAFE & LOCK CORP.ALEJANDRO MIRAMONTES DE ANDAALLIANT INSURANCE SERVICESAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCAMAZON CAPITAL SERVICES, INCANDY TRUONGARIANA GUTIERREZAUTO ACCESSORIES EMERGENCY LIGHT INCAUTO ACCESSORIES EMERGENCY LIGHT INCAUTO ACCESSORIES EMERGENCY LIGHT INCAUTOZONEAUTOZONEBEAR ELECTRICAL SOLUTIONS, INCBEAR ELECTRICAL SOLUTIONS, INC Amount

ATTACHMENT B

44.0800.8010.5525 15159 10/02/2024 #21 NEW INVERTER 349.6902.0170.1760.5535 15160 10/02/2024 JUN'24 TRAFFIC SIG ROUTINE 2,225.0002.0170.1760.5535 15160 10/02/2024 JUN'24 TRAFFIC SIG MAINT 9,985.0001.0170.1770.5525 15158 10/02/2024 #27 NEW PA SYSTEM 649.6801.0170.1770.5525 15158 10/02/2024 #23 NEW PA SYSTEM 649.6844.0800.8010.5525 15159 10/02/2024 HIGH LAMP CIRCUT BREAKER 40.4101.0170.1770.5525 15158 10/02/2024 #30 NEW PA SYSTEM 649.6801.0150.1530.5430 15155 10/02/2024 SOCIAL BINGO SUPPLIES 72.7401.0170.1770.5525 15156 10/02/2024 #007 VEHICLE REPAIRS 733.0101.0151.1543.5952 15157 10/02/2024 9/11 CERMONY DECORATIONS 250.0001.0100.1050.5406 15155 10/02/2024 PRINTER INK 733.2501.0170.1170.5956 15155 10/02/2024 CROSSING GUARD HATS 76.0501.0140.1430.5406 15155 10/02/2024 DEPT SUPPLIES 94.5301.0160.1650.5520 15155 10/02/2024 USA FLAG 40.7401.0160.1660.5520 15155 10/02/2024 USA FLAG 40.7401.0160.1670.5520 15155 10/02/2024 USA FLAG 40.7401.0150.1530.5430 15155 10/02/2024 BACK SUPPORT/ CHAIR BICYCLE MACHINE 44.02

01.0150.1530.5430 15155 10/02/2024 POKER TABLE/ SOCIAL ACTIVITIES 205.0001.0170.1170.5956 15155 10/02/2024 CROSSING GUARD HATS 76.0501.0140.1430.5406 15155 10/02/2024 DEPT SUPPLIES 40.5601.0150.1530.5406 15155 10/02/2024 WHITE BOARD/ CRAFT ROOM 207.4901.0100.1050.5908 15155 10/02/2024 SNACKS FOR TRAINING/ 9/18/24 125.0701.0170.1710.5520 15152 10/02/2024 KEYS FOR CHALL 101.9801.0150.1515.5204 15153 10/02/2024 SEPT'24 PC MEETING 100.0001.0151.1543.5952 15154 10/02/2024 10/3/24 NIGHT MARKET EVENT INSURANCE 463.0001.0130.1330.5715 15149 10/01/2024 8/21-9/20/24 CITY CELL PHONES 4,582.9401.0151.1543.5952 15150 10/01/2024 10/3/24 NIGHT MARKET EQUIP RENTALS 1,000.00

01.0100.1050.5406 15151 10/02/2024 BOOKCASE - HR 1,882.0601.0151.1541.5215 15146 10/01/2024 10/2/24 BBALL OFFICIAL SVCS 105.0001.0150.1530.5430 15147 10/01/2024 SEPT'24 FOLKLORICO DANCE LESSONS 300.0001.0151.1541.5215 15148 10/01/2024 10/2/24 BBALL OFFICIAL SVCS 105.0001.0170.1020.5910 15144 10/01/2024 OCT'24 JPIA CONFERENCE/ PER DIEM 280.0001.0170.1100.6015 15145 10/01/2024 SAFETY CENTER OFFICE IMPROVEMENTS 14,350.0001.0170.1100.6015 15145 10/01/2024 SAFETY CENTER OFFICE IMPROVEMENTS 1,800.0001.0151.1543.5952 15142 09/25/2024 8/22/24 SPECIAL EVENT INSURANCE 463.0001.0151.1543.5952 15142 09/25/2024 8/8/24 NIGHT MARKET INSURANCE 463.0001.0151.1543.5952 15143 10/01/2024 10/3/24 NIGHT MARKET BAND PERFORMANCE 1,850.0001.0151.1543.5952 15142 09/25/2024 6/20/24 SPECIAL EVENT INSURANCE 329.0001.0151.1543.5952 15142 09/25/2024 6/27/24 NIGHT MARKET INSURANCE 463.0001.0151.1544.5210 15142 09/25/2024 FOURTH OF JULY EVENT INSURANCE 329.0001.0000.0000.2245 15139 09/23/2024 SEPT'24 MISC 520.00

01.0000.0000.2270 15140 09/23/2024 A.R GARNISHMENT PPE 9/14/24 8.1501.0000.0000.2240 15141 09/23/2024 SEPT'24 114.00 Warrant Register
South El Monte, CA Council Meeting 10/8/24
Account Number Payment Number Payment Date Description (Item)

01.0000.0000.2245 15139 09/23/2024 SEPT'24 ADMIN 1,672.00

Page 38 of 198 ends

BEAR ELECTRICAL SOLUTIONS, INC
BEAR ELECTRICAL SOLUTIONS, INCBLANCA M. FIGUEROABRIANNA MENABUREAU VERITAS NORTH AMERICAN INC.BUREAU VERITAS NORTH AMERICAN INC.BUREAU VERITAS NORTH AMERICAN INC.CITY OF DOWNEYCITY OF EL MONTE-FINANCE DEPT.CITY OF EL MONTE-FINANCE DEPT.CITY OF EL MONTE-FINANCE DEPT.COSTAR REALTY INFORMATION, INCDAVID FLORESDONATO VALLE ACEVEDOECOLAB PEST ELIM. DIVISIONEL MONTE ORNAMENTAL SUPPLY, INC.EL MONTE PRINTINGEMILY LARESEWING IRRIGATIONEWING IRRIGATIONFORD OF MONTEBELLOGABRIELA CHACONGENTRY BROTHERS INCGENTRY BROTHERS INCGENTRY BROTHERS INCGENTRY BROTHERS INCGENTRY BROTHERS INCGENTRY BROTHERS INCGOT PROPANE INCGRAINGERGRANT'S TRUE VALUE HARDWAREGRANT'S TRUE VALUE HARDWAREGRANT'S TRUE VALUE HARDWAREGRANT'S TRUE VALUE HARDWAREGRANT'S TRUE VALUE HARDWAREGRANT'S TRUE VALUE HARDWAREGRANT'S TRUE VALUE HARDWAREGRANT'S TRUE VALUE HARDWAREGREEN PUBLIC AFFAIRS & CAMPAIGNSHAJOCA CORPORATIONHERC RENTALS INCHUNTINGTON CULINARYHUNTINGTON CULINARYINDUSTRIAL PIPE & STEELINDUSTRIAL PIPE & STEELJASMINE CHAVEZJCL TRAFFIC SERVICESJCL TRAFFIC SERVICESJCL TRAFFIC SERVICESJCL TRAFFIC SERVICESJCL TRAFFIC SERVICES

02.0170.1760.5520 15186 10/02/2024 ADHESIVE FOR STREETS CITY WIDE 248.06

02.0170.1760.5540 15186 10/02/2024 STREET NO PARKING SIGNS 2,488.0701.0151.1545.5499 15186 10/02/2024 NIGHT MARKET SAFETY RENTALS 2,850.0001.0160.1640.5520 15186 10/02/2024 POOL SIGNAGE 171.2201.0151.1545.5430 15186 10/02/2024 CLASS 3 VESTS NIGHT MRKET 262.1701.0160.1610.5520 15184 10/02/2024 DOOR REPAIR CCTR 1.4801.0160.1610.5520 15184 10/02/2024 BRACKETS FOR CCTR DOOR 4.1001.0000.0000.4560 15185 10/02/2024 SWIM LESSON: SESSION 1 NON-RESIDENT RFND 50.0002.0170.1760.5540 15182 10/02/2024 ARIEL LIFT RENTAL 2,523.3506.0300.3010.5215 15183 10/02/2024 9/9-9/13/24 MEALS/ CI NUTR PRGM 5,341.5006.0300.3020.5215 15183 10/02/2024 9/9-9/13/24 MEALS/ CII NUTR PRGM 611.0501.0120.1210.5215 15180 10/02/2024 PUBLIC EDU EFFOPT. SEM MEASURE 9,000.00

01.0160.1660.5520 15181 10/02/2024 WATER FILTER/ SHIVELY 26.2901.0160.1630.5520 15179 10/02/2024 SUPP FOR TOILET REPAIRS MCTR 42.8701.0160.1640.5520 15179 10/02/2024 CAGE HARDWARE/ POOL 106.0001.0160.1650.5520 15179 10/02/2024 CAMERA/POWER SEALANT NTP 26.3701.0170.1740.5962 15179 10/02/2024 LONG DRILL BITS 17.5801.0170.1710.5520 15179 10/02/2024 KEYS/ PSO 30.2501.0160.1610.5520 15179 10/02/2024 HARDWARE/ CCTR 6.9544.0800.8010.5525 15179 10/02/2024 #21 #16 AMP INSTRALL 66.2401.0170.1710.5520 15179 10/02/2024 CRIMPING TOOL FOR CHALL 98.9968.0900.9000.5968 15176 10/02/2024 AUG'24 CON/RET GRNWY#407 (50,193.96)01.0170.1770.5525 15177 10/02/2024 FORKLIFT PROPANE 79.2901.0160.1670.5520 15178 10/02/2024 FLUSH VALVE/ MVD 240.7468.0900.9000.5968 15176 10/02/2024 AUG'24 CON/GREENWAY#407 106,180.0068.0900.9000.5968 15176 10/02/2024 AUG'24 CON/GREENWAY#407 350,072.9068.0900.9000.5968 15176 10/02/2024 AUG'24 CON/GREENWAY#407 439,626.3001.0000.0000.4554 15175 10/02/2024 7/28/24 AQUA RESERVATION DAMAGE DEPOSIT RFND 500.0068.0900.9000.5968 15176 10/02/2024 AUG'24 CON/GREENWAY#407 90,000.0068.0900.9000.5968 15176 10/02/2024 AUG'24 CON/GREENWAY#407 18,000.0001.0170.1750.5520 15173 10/02/2024 IRR REPAIRS/ DURFEE/PECK 351.2541.0810.8110.6025 15173 10/02/2024 IRR REPAIRS AT THEINES 86.6101.0170.1770.5525 15174 10/02/2024 #41 #42 STEP ASSIST 1,315.8801.0170.1770.5525 15170 10/02/2024 YARD GATE REMOTES 181.9101.0151.1546.5406 15171 10/02/2024 CHRISTMAS WISH DONATION LETTERS 418.9501.0140.1410.5204 15172 10/02/2024 SEPT'24 PC MEETING 150.0001.0150.1510.5204 15167 10/02/2024 SEPT'24 PC MEETING 100.0001.0150.1530.5406 15168 10/02/2024 3 SINGLE SOFA CHAIRS/ MULTIPURPOSE ROOM 1,650.00

01.0160.1610.5520 15169 10/02/2024 8/30 PEST CONTROL CCTR 79.2001.0170.1770.5525 15165 10/02/2024 JULY'24 CNG FUEL 102.5001.0170.1770.5525 15165 10/02/2024 AUG'24 CNG FUEL 67.9601.0140.1430.5931 15166 10/02/2024 SEPT-NOV'24 SOFTWARE LICENSE 2,765.67

01.0140.1440.5215 15163 10/02/2024 AUG'24 BLDG OFFICIAL SVCS 225.0001.0130.1460.5215 15164 10/02/2024 FY24-25 ANIMAL CTRL & SHELTERING SVCS 73,059.50

01.0170.1770.5525 15165 10/02/2024 JUNE'24 CNG FUEL 59.4701.0000.0000.4554 15162 10/02/2024 9/1/24 MVD RESERVATION DAMAGE DEPOSIT RFND 50.0001.0140.1440.5215 15163 10/02/2024 AUG'24 BLDG INSPECTOR SVCS 8,406.4101.0140.1440.5215 15163 10/02/2024 AUG'24 BLDG OFFICIAL SVCS 375.0002.0170.1760.5535 15160 10/02/2024 AUG'24 TRAFFIC SIG ROUTINE 2,225.0002.0170.1760.5535 15160 10/02/2024 AUG'24 TRAFFIC SIG CALL OUT 7,539.0001.0150.1515.5204 15161 10/02/2024 SEPT'24 PC MEETING 100.00

Page 39 of 198 ends

JCL TRAFFIC SERVICES
JCL TRAFFIC SERVICESJCL TRAFFIC SERVICESJCL TRAFFIC SERVICESJEFFREY MICHAEL ORTIZJOHN L. HUNTER AND ASSOCIATES, INC.JOHN L. HUNTER AND ASSOCIATES, INC.JOHN L. HUNTER AND ASSOCIATES, INC.JOHN L. HUNTER AND ASSOCIATES, INC.KB HOME GREATER LOS ANGELESKENNETH EUEKHEANG TANGKIMLEY-HORN AND ASSOCIATES, INC.KIMLEY-HORN AND ASSOCIATES, INC.L.A. COUNTY FIRE DEPARTMENTL.A. COUNTY FIRE DEPARTMENTLARRY RODRIGUEZLEONEL A. BARRERA JRLOS ANGELES COUNTY ASSESSORMAKE IT LA LLCMARITZA HERNANDEZMARTINEZ PUMPING SERVICE, INCMARTINEZ PUMPING SERVICE, INCMARTINEZ PUMPING SERVICE, INCMEISTER SEALCOAT & SUPPLIES, LLCMID-VALLEY AUTOMATIC FIRE SYSTEMSMID-VALLEY AUTOMATIC FIRE SYSTEMSMID-VALLEY AUTOMATIC FIRE SYSTEMSMID-VALLEY AUTOMATIC FIRE SYSTEMSMID-VALLEY AUTOMATIC FIRE SYSTEMSMID-VALLEY AUTOMATIC FIRE SYSTEMSMID-VALLEY AUTOMATIC FIRE SYSTEMSMONIQUE GARCIAMORENO AUTO BODY REPAIR INC.MOSS, LEVY & HARTZHEIM, LLPNADA BUS, INC.NAOMI LOPEZNAPA AUTO PARTSONYX ARCHITECTS, INCONYX ARCHITECTS, INCPETE'S ROAD SERVICE, INC.PETRA CERDAPHOENIX GROUP INFORMATION SYSTEMSPHOENIX GROUP INFORMATION SYSTEMSPLUMBING HEROES, LLCPOST ALARM SYSTEMSPOST ALARM SYSTEMSPOST ALARM SYSTEMSPOST ALARM SYSTEMSPOST ALARM SYSTEMSPOST ALARM SYSTEMS

01.0170.1710.5520 15212 10/02/2024 OCT'24 ALARM SVCS / CHALL 133.10 POST ALARM SYSTEMS

01.0160.1640.5520 15212 10/02/2024 OCT'24 ALARM SVCS / POOLS 49.8601.0160.1650.5520 15212 10/02/2024 OCT'24 ALARM SVCS/ NTP 103.7601.0160.1670.5520 15212 10/02/2024 OCT'24 ALARM SVCS / MVD 103.7601.0160.1610.5520 15212 10/02/2024 OCT'24 ALARM SVCS / CCTR 49.8601.0160.1620.5520 15212 10/02/2024 OCT'24 ALARM SVCS / SCTR 49.8601.0160.1630.5520 15212 10/02/2024 OCT'24 ALARM SVCS / MCTR 49.8601.0170.7020.5215 15210 10/02/2024 AUG'24 ADMIN CITE SVCS 154.8001.0170.1100.5215 15210 10/02/2024 AUG'24 PARKING CITE SVCS 2,644.8701.0160.1630.5520 15211 10/02/2024 WATERLINE REPAIR MCTR 1,450.0068.0900.9000.6025 15207 10/02/2024 AUG'24 CHALL RSTRM/PROF SVCS#252 2,191.75

01.0170.1770.5525 15208 10/02/2024 TIRE FOR TRACTOR 416.0901.0000.0000.4554 15209 10/02/2024 9/29/24 MVD RESERVATION DAMAGE DEPOSIT RFND 50.0001.0150.1515.5204 15205 10/02/2024 SEPT'24 PC MEETING 100.0001.0170.1770.5525 15206 10/02/2024 NEW LOCK BAR FOR TRUCK BED 109.9539.0900.9000.6025 15207 10/02/2024 AUG'24 CHALL RSTRM/PROF SVCS#637 2,191.75

01.0170.1770.5525 15202 10/02/2024 #5 DAMAGE HOOD & PAINT 1,200.0001.0130.1310.5906 15203 10/02/2024 INTERIM AUDIT YEAR END 6/30/24 15,000.0044.0800.8020.5215 15204 10/02/2024 6/21/24 SENIOR SVCS EXCURSIONS 1,170.00

01.0000.0000.4554 15201 10/02/2024 9/21/24 MVD RESERVATION DAMAGE DEPOSIT RFND 50.0001.0160.1650.5520 15200 10/02/2024 RANGE GUARD CERTIFIED 278.0001.0160.1650.5520 15200 10/02/2024 EXHAUST FAN CLEANING/ NTP 425.0001.0160.1620.5520 15200 10/02/2024 EXHAUST CLEANING/ SCTR 495.0001.0160.1650.5520 15200 10/02/2024 EXHAUST FAN CLEANING/ NTP 425.0001.0160.1620.5520 15200 10/02/2024 RANGE GUARD CERTIFIED/ SCTR 308.0001.0160.1620.5520 15200 10/02/2024 EXHAUST CLEANING/ SCTR 495.0001.0160.1620.5520 15198 10/02/2024 SENIOR CENTER REPAIRS 175.0002.0170.1760.5540 15199 10/02/2024 POTOLE PATCH 1,249.5401.0160.1650.5520 15200 10/02/2024 RANGE GUARD CERTIFIED 278.0001.0000.0000.4554 15197 10/02/2024 9/22/24 MVD RESERVATION DAMAGE DEPOSIT RFND 50.0001.0160.1650.5520 15198 10/02/2024 NTP REPAIRS 125.0001.0160.1660.5520 15198 10/02/2024 SINK REPAIR/ SHIVELY 125.0001.0140.1410.5204 15194 10/02/2024 SEPT'24 PC MEETING 150.0001.0100.1020.5405 15195 10/02/2024 CITY MAP 8.0701.0150.1540.5956 15196 10/02/2024 STAFF SWEATERS 1,523.0001.0170.1720.5520 15192 10/02/2024 7/1/24-6/30/25 HAZ MAT PRGM/ YARD 2,014.0001.0170.1710.5520 15192 10/02/2024 7/1/24-6/30/25 HAZ MAT PRGM/ CHALL 1,166.0001.0140.1410.5204 15193 10/02/2024 SEPT'24 PC MEETING 150.0001.0140.1410.5204 15190 10/02/2024 SEPT'24 PC MEETING 150.0040.0900.9000.5968 15191 10/02/2024 JUL'24 PS&E SVCS #296 1,664.7401.0000.0000.2430 15191 10/02/2024 AUG'24 2222 RSMD PEER REVIEW SVCS 19,477.5701.0170.1475.5215 15188 10/02/2024 JULY'24 LAND DEVELOPMENT PRGM SVCS 1,062.0025.0550.5510.5215 15188 10/02/2024 JULY'24 USED OIL RECYCLING 596.50

01.0000.0000.4250 15189 10/02/2024 INCORRECT PLAN CHECK FEE REFUND 1,778.9401.0140.1410.5204 15187 10/02/2024 SEPT'24 PC MEETING 150.0001.0170.1475.5215 15188 10/02/2024 JULY'24 IW PRGM SVCS 3,315.7570.0900.9020.5215 15188 10/02/2024 JULY'24 NDPES PRGM SVCS 1,248.4002.0170.1760.5540 15186 10/02/2024 STREET REPAIR SUPPLIES 926.6501.0151.1545.5499 15186 10/02/2024 BARRRICADE / OPEN SIGN 926.1002.0170.1760.5540 15186 10/02/2024 STREET SIGN SUPPLIES 1,132.0502.0170.1760.5540 15186 10/02/2024 WALKING STREET STRIPPER 252.58

Page 40 of 198 ends

POST ALARM SYSTEMS
POST ALARM SYSTEMSPOST ALARM SYSTEMSPREMIER JANITORIAL SERVICESPRINT XPRESSIONSQUENCH USA, INC.QUENCH USA, INC.QUENCH USA, INC.RENE BURGUANROSEMARY RACHEL TAVERASONRISE ELECTRIC INCSOUTHEAST CONSTRUCTION PRODUCTS,INCSOUTHEAST CONSTRUCTION PRODUCTS,INCSOUTHEAST CONSTRUCTION PRODUCTS,INCSOUTHEAST CONSTRUCTION PRODUCTS,INCSOUTHEAST CONSTRUCTION PRODUCTS,INCSOUTHEAST CONSTRUCTION PRODUCTS,INCSOUTHEAST CONSTRUCTION PRODUCTS,INCSOUTHEAST CONSTRUCTION PRODUCTS,INCSOUTHEAST CONSTRUCTION PRODUCTS,INCSOUTHEAST CONSTRUCTION PRODUCTS,INCSOUTHEAST CONSTRUCTION PRODUCTS,INCSOUTHEAST CONSTRUCTION PRODUCTS,INCSOUTHEAST CONSTRUCTION PRODUCTS,INCSOUTHERN TIRE MART LLCSTEPHANIE RODRIGUEZSTUDIO9D8, INCSUPERIOR COURT OF CA, COUNTY OF LASUPERIOR WAREHOUSE GROCERSSUPERIOR WAREHOUSE GROCERSSUPERIOR WAREHOUSE GROCERSSUPERIOR WAREHOUSE GROCERSSUPERIOR WAREHOUSE GROCERSSUPERIOR WAREHOUSE GROCERSSUPERIOR WAREHOUSE GROCERSSUPERIOR WAREHOUSE GROCERSSUPERIOR WAREHOUSE GROCERSSUPERIOR WAREHOUSE GROCERSSUPERIOR WAREHOUSE GROCERSSUPERKLEEN CARWASH, INC.T & G GLOBAL LLCTAG/AMS, INC.THE SAUCE CREATIVE SERVICES CORP.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRANSTECH ENGINEERING, INC.TRUE AUTO WERXULINEULINEULINE

01.0170.1720.5520 15231 10/02/2024 PARKING STOPS/ TRANSPO YARD 470.72

01.0170.1720.5520 15231 10/02/2024 YARD UMBRELLA 60.0001.0170.1750.5520 15231 10/02/2024 LANDSCAPE UMBRELLAS 180.0001.0140.1440.5215 15229 10/02/2024 JULY'24 BLDG PLAN CHECK SVCS 31,775.7468.0900.9000.6025 15229 10/02/2024 JUL'24 PLAN CK ENG SVCS#252 1,960.0044.0800.8010.5525 15230 10/02/2024 #16PWER & GRIND NEW HARNESS 70.0001.0100.1040.5921 15228 10/02/2024 OCT'24 NEWSLETTER 6,298.3601.0170.1105.5215 15229 10/02/2024 MAY'24 ATP CYCLE 6 GRANT ASSISTANCE 121.0001.0170.1105.5215 15229 10/02/2024 JUNE'24 ATP CYCLE 6 GRANT ASSISTANCE 148.5044.0800.8010.5525 15225 10/02/2024 8/26-9/5/24 CAR WASHES 185.9601.0151.1543.5952 15226 10/02/2024 DECORATIONS/ CITY CHRISTMAS TREE & EVENTS 22,701.2501.0100.1050.5936 15227 10/02/2024 JULY'24 RANDOM DRUG TEST 95.0006.0300.3020.5430 15224 10/02/2024 TORTILLAS CII NUTR PRGM 3.9906.0300.3010.5430 15224 10/02/2024 TORTILLAS & BREAD/CI NUTR PRGM 114.8606.0300.3020.5430 15224 10/02/2024 TORTILLAS & BREAD/CII NUTR PRGM 12.7606.0300.3010.5430 15224 10/02/2024 TORTILLAS CI NUTR PRGM 39.5406.0300.3020.5430 15224 10/02/2024 TORTILLAS CII NUTR PRGM 4.3906.0300.3010.5430 15224 10/02/2024 TORTILLAS CI NUTR PRGM 35.9106.0300.3020.5430 15224 10/02/2024 FIBER BREAD CII NUTR PRGM 13.7506.0300.3010.5430 15224 10/02/2024 FIBER BREAD CI NUTR PRGM 60.2706.0300.3020.5430 15224 10/02/2024 FIBER BREAD CII NUTR PRGM 6.6901.0170.1100.5215 15223 10/02/2024 AUG'24 CITATION REVENUE 4,546.0001.0150.1540.5908 15224 10/02/2024 REFRESHMENTS/ STAFF TRAINING 42.7506.0300.3010.5430 15224 10/02/2024 DOUBLE FIBER BREAD CI NUTR PRGM 123.8401.0170.1770.5525 15220 10/02/2024 TRACTOR TIRES 405.5101.0000.0000.4554 15221 10/02/2024 9/28/24 MVD RESERVATION DAMAGE DEPOSIT RFND 50.0001.0151.1543.5952 15222 10/02/2024 PARTICIPANT SHIRTS/ WOMEN & GIRLS BIKE RIDE 600.0041.0810.8110.6025 15219 10/02/2024 CRUSHED ROCK THEINES GATEWAY 163.9602.0170.1760.5540 15219 10/02/2024 WATER COVER AND PLATE 95.3741.0810.8110.6025 15219 10/02/2024 THEINES GATEWAY PROJECT SUPPLIES 205.51

02.0170.1760.5540 15219 10/02/2024 9722 RUSH SIDEWALK REPAIR 267.4141.0810.8110.6025 15219 10/02/2024 THEINES GATEWAY PROJECT 81.9841.0810.8110.6025 15219 10/02/2024 THIENES GATEWAY PROJECT 993.7641.0810.8110.6025 15219 10/02/2024 THEINES PROJECT 379.9241.0810.8110.6025 15219 10/02/2024 THEINES GATEWAY PROJECT 163.9601.0170.1750.5520 15219 10/02/2024 CRUSHED ROCK THEINES GATEWAY 81.9841.0810.8110.6025 15219 10/02/2024 CRUSHED ROCK THEINES GATEWAY 163.9601.0160.1650.5520 15219 10/02/2024 GREEN MARKING PAINT/ NTP 9.5402.0170.1760.5520 15219 10/02/2024 BATTERY FOR HEAD LAP 3.0341.0810.8110.6025 15219 10/02/2024 SEALANT FORM/ THEINES 38.3701.0150.1530.5430 15216 10/02/2024 10/23/24 BAND PERFORMANCE/ SR EVENT 1,700.00

01.0150.1515.5204 15217 10/02/2024 SEPT'24 PC MEETING 100.0001.0160.1620.5520 15218 10/02/2024 MARQUEE REPAIRS/ SCTR 1,584.0001.0100.1020.5405 15215 10/02/2024 OCT'24 WATER FILTER/ CHALL 128.5101.0160.1620.5520 15215 10/02/2024 OCT'24 WATER FILTER/ SCTR 56.2301.0160.1610.5520 15215 10/02/2024 OCT'24 WATER FLTR/CCTR 38.5901.0170.1720.6025 15212 10/02/2024 YARD ACCESS GATE DEPOSIT 12,734.7301.0151.1545.5499 15213 10/02/2024 MARKET MARKET EQUIP 2,593.3906.0300.3010.5430 15214 10/02/2024 TABLES CLOTHS/ NUTR PRGM TABLES 401.7401.0170.1710.5520 15212 10/02/2024 OCT'24 ALARM SVCS / PSO 100.0001.0170.1720.5520 15212 10/02/2024 OCT'24 ALARM SVCS / YARD 138.60

Page 41 of 198 ends

ULINE
UNISHIELDUNISHIELDWAXIE SANITARY SUPPLYWHITTIER FERTILIZERWHITTIER FERTILIZERXEROX CORPORATIONXEROX CORPORATIONXUEHONG HUANGSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSOUTHERN CALIFORNIA EDISONSOUTHERN CALIFORNIA EDISONSOUTHERN CALIFORNIA EDISONUS BANK VOYAGER FLEET SYSCALPERS RETIREMENTCALPERS RETIREMENTCALPERS RETIREMENTCALPERS RETIREMENTDEPARTMENT OF THE TREASURYDEPARTMENT OF THE TREASURYDEPARTMENT OF THE TREASURYEMPLOYMENT DEVELOPMENT DEPT.EMPLOYMENT DEVELOPMENT DEPT.EMPLOYMENT DEVELOPMENT DEPT.EXPERT PAY - STATE DISBURSEMENT UNITEXPERT PAY - STATE DISBURSEMENT UNITEXPERT PAY - STATE DISBURSEMENT UNITEXPERT PAY - STATE DISBURSEMENT UNITHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICES

01.0170.1710.5520 DFT0002141 09/26/2024 METAL TRIM REPAIR SUPPLIES 13.12

01.0170.1720.5520 DFT0002141 09/26/2024 DRYWALL SUPPLIES 47.1501.0160.1640.5425 DFT0002141 09/26/2024 CHLORINATING LIQUID 66.0601.0160.1650.5520 DFT0002141 09/26/2024 TOTE 8.8001.0170.1520.5430 DFT0002141 09/26/2024 EMERGENCY SUPPLIES 77.2001.0160.1610.5520 DFT0002141 09/26/2024 PAINT SUPPLIES 128.5101.0160.1620.5520 DFT0002141 09/26/2024 SUPPLIES/ SCTR 89.6401.0160.1630.5520 DFT0002141 09/26/2024 THERMOSTAT/ MCTR 134.0501.0151.1545.5499 DFT0002141 09/26/2024 NIGHT MARKET EQUIPMENT 90.3201.0160.1610.5520 DFT0002141 09/26/2024 WATER FOUNTAIN INSTALL SUPPLIES 55.4601.0160.1610.5520 DFT0002141 09/26/2024 PAINT/ BOXING GYM 78.8801.0151.1543.5952 DFT0002141 09/26/2024 NIGHT MARKET SUPPLIES 430.2001.0151.1545.5499 DFT0002141 09/26/2024 NIGHT MARKET SUPPLIES 84.0001.0151.1545.5499 DFT0002141 09/26/2024 NIGHT MARKET EQUIPMENT 96.0101.0000.0000.2270 DFT0002140 09/20/2024 CASE 0980438 150.0001.0000.0000.2270 DFT0002140 09/20/2024 CASE 200000002135289 780.5001.0151.1541.5499 DFT0002141 09/26/2024 NIGHT MARKET EQUIPMENT 439.9001.0000.0000.2210 DFT0002139 09/20/2024 PPE 9/14/24 STATE WTHD'G 6,758.1501.0000.0000.2270 DFT0002140 09/20/2024 CASE 1457313 402.5001.0000.0000.2270 DFT0002140 09/20/2024 CASE 200000002163990 359.0001.0000.0000.2215 DFT0002138 09/19/2024 PPE 9/14/24 MEDICARE 6,574.0401.0000.0000.2030 DFT0002139 09/20/2024 PPE 9/14/24 TNG WTHD'G 12.6701.0000.0000.2030 DFT0002139 09/20/2024 PPE 9/14/24 UI TAX WTHD'G 253.4201.0000.0000.2020 DFT0002137 09/20/2024 RATE PLAN 685 9,062.1501.0000.0000.2205 DFT0002138 09/19/2024 PPE 9/14/24 FEDERAL 18,620.3301.0000.0000.2215 DFT0002138 09/19/2024 PPE 9/14/24 FICA 28,110.3001.0000.0000.2020 DFT0002136 09/20/2024 RATE PLAN 27216 353.9601.0000.0000.2020 DFT0002137 09/20/2024 RATE PLAN 23047 2,092.1601.0000.0000.2020 DFT0002137 09/20/2024 RATE PLAN 27216 20,132.4102.0170.1760.5537 DFT0002133 09/18/2024 7/17-8/14/24 STREET LIGHTS 1,896.0001.0170.1730.5710 DFT0002134 09/16/2024 AUG'24 2028 CENTRAL AVE 293.5202.0170.1760.5966 DFT0002135 09/19/2024 7/24-8/23/24 FUEL-CITY TRANSPORTATION 6,708.7601.0170.1730.5720 DFT0002131 09/17/2024 7/23-8/20/24 1450 LIDCOMBE AVE 356.8802.0170.1760.5725 DFT0002132 09/18/2024 AUG'24 STREET LIGHTS 3,588.7001.0170.1730.5720 DFT0002129 09/17/2024 7/23-8/20/24 1819 CENTRAL AVE 982.4101.0170.1730.5720 DFT0002130 09/17/2024 7/23-8/20/24 1556 CENTRAL AVE 415.8701.0170.1730.5720 DFT0002126 09/17/2024 7/23-8/20/24 1500 CENTRAL AVE 991.9301.0170.1730.5720 DFT0002127 09/17/2024 7/23-8/20/24 1450 LIDCOMBE AVE 6,387.3301.0170.1730.5720 DFT0002128 09/17/2024 7/23-8/20/24 1402 LERMA 5,114.78

01.0170.1730.5720 DFT0002123 09/17/2024 7/23-8/20/24 1530 CENTRAL AVE 430.1501.0170.1730.5720 DFT0002124 09/17/2024 7/23-8/20/24 1415 SANTA ANITA AVE 901.4801.0170.1730.5720 DFT0002125 09/17/2024 7/23-8/20/24 1341 ISLAND/ SANTA ANITA 43.9001.0130.1330.5950 15235 10/02/2024 7/30-8/29/24 COPIER LEASE 282.6301.0130.1330.5950 15235 10/02/2024 8/30-9/29/24 COPIER LEASE 282.6301.0000.0000.4560 15236 10/02/2024 SWIM LESSON SESSION 5 RFND 50.0001.0170.1740.5435 15233 10/02/2024 DISINFECTANT FOAM 549.0501.0160.1650.5520 15234 10/02/2024 TOP SOIL/ NTP 30.8701.0170.1710.5520 15234 10/02/2024 GORILLA HAIR FOR CHALL 670.3201.0170.1760.5540 15231 10/02/2024 STREETS UMBRELLAS 120.0001.0160.1620.5420 15232 10/02/2024 9/3/24 FIRST AID SUPPLIES 243.9201.0160.1610.5520 15232 10/02/2024 SHIPPING FEE FOR ICE PACKS CCTR 109.95

Page 42 of 198 ends

HOME DEPOT CREDIT SERVICES
HOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESHOME DEPOT CREDIT SERVICESSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSO CAL GASSO CAL GASSO CAL GASSO CAL GASSO CAL GASSO CAL GASSOUTHERN CALIFORNIA EDISONSPARKLETTSSPARKLETTSU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATION

01.0170.1770.5525 DFT0002152 09/06/2024 #5 DMV REGISTRATION/ PLATE U.S. BANK NATIONAL ASSOCIATION 27.00

01.0160.1660.5520 DFT0002152 09/06/2024 ZORO TOOLS RETURN CREDIT (2,207.18)01.0170.1740.5435 DFT0002152 09/06/2024 AMRPO CCTR FLOOR CLEANER 345.8101.0170.1770.5525 DFT0002152 09/06/2024 #5 DMV PROCESSING FEE 0.5701.0130.1330.5932 DFT0002152 09/06/2024 APPLE ICLOUD SUBSCRIPTION 2.9901.0130.1330.5932 DFT0002152 09/06/2024 APPLE ICLOUD SUBSCRIPTION 2.9901.0151.1543.5952 DFT0002152 09/06/2024 NIGHT MARKET STAFF TRAINING MEALS 265.1001.0151.1543.5952 DFT0002152 09/06/2024 NNO SUPPLIES 186.8801.0151.1545.5430 DFT0002152 09/06/2024 8/8/24 SOCIAL MEDIA AD/ NIGHT MARKET 13.7201.0130.1330.5932 DFT0002152 09/06/2024 APPLE ICLOUD SUBSCRIPTION 9.9901.0130.1330.5931 DFT0002152 09/06/2024 CREATIVE CLOUD SOFTWARE CREDIT (193.25)01.0150.1540.5431 DFT0002152 09/06/2024 JULY'24 SPOTIFY SUBSCRIPTION 19.9901.0151.1543.5952 DFT0002152 09/06/2024 NNO SUPPLIES 19.2201.0151.1543.5952 DFT0002152 09/06/2024 SPECIAL EVENT SUPPLIES 129.5001.0151.1545.5499 DFT0002152 09/06/2024 NIGHT MARKET SUPPLIES 117.0001.0151.1545.5499 DFT0002152 09/06/2024 NIGHT MARKET SUPPLIES 364.4001.0150.1540.5431 DFT0002152 09/06/2024 UNIFORMS RETURN CREDIT (372.72)

01.0150.1540.5431 DFT0002152 09/06/2024 SUMMER CAMP SUPPLIES 123.0601.0150.1540.5431 DFT0002152 09/06/2024 SUMMER CAMP FIELD TRIP TICKETS 3,800.0001.0150.1540.5431 DFT0002152 09/06/2024 SUMMER CAMP SUPPLIES 395.8601.0150.1540.5431 DFT0002152 09/06/2024 SUMMER CAMP SUPPLIES 125.7001.0150.1540.5431 DFT0002152 09/06/2024 UNIFORMS RETURN CREDIT (30.87)01.0130.1330.5931 DFT0002152 09/06/2024 ADOBE ACROBAT YEARLY SUBSCRIPTION 239.8801.0130.1330.5932 DFT0002152 09/06/2024 ADOBE CREDIT REFUND (178.59)01.0150.1540.5431 DFT0002152 09/06/2024 UNIFORMS 403.5901.0100.1020.5932 DFT0002152 09/06/2024 ZOOM MONTHLY SUBSCRIPTION 339.9001.0100.1040.5922 DFT0002152 09/06/2024 JULY'24 EMPLOYEE RECONITION 38.7501.0170.1020.5406 DFT0002152 09/06/2024 MISC PURCHASES/ REIMBURSED 77.8501.0100.1020.5912 DFT0002152 09/06/2024 SOUTH PASADENA CONF/ MEETING MEALS 89.4801.0100.1020.5912 DFT0002152 09/06/2024 L.A DEPT OF TRANSPO CEREMONY PARKING 2.0001.0100.1020.5932 DFT0002152 09/06/2024 SGV NEWS SUBSCRIPTION 26.0001.0170.1730.5710 DFT0002150 09/23/2024 8/9-9/9/24 1459 SANTA ANITA AVE 570.3401.0170.1100.5406 DFT0002151 09/24/2024 AUG'24 WATER SVCS 23.9801.0170.7020.5406 DFT0002151 09/24/2024 AUG'24 WATER SVCS 23.9801.0170.1730.5705 DFT0002147 09/24/2024 8/14-9/16/24 1824 CENTRAL AVE 88.2101.0170.1730.5705 DFT0002148 09/24/2024 8/14-9/16/24 1500 CENTRAL AVE 645.6101.0170.1730.5705 DFT0002149 09/24/2024 8/14-9/16/24 1900 CENTRAL AVE 41.29

01.0170.1730.5705 DFT0002144 09/24/2024 8/14-9/16/24 1450 LIDCOMBE AVE 88.2101.0170.1730.5705 DFT0002145 09/24/2024 8/14-9/16/24 1556 CENTRAL AVE 296.2001.0170.1730.5705 DFT0002146 09/24/2024 8/14-9/16/24 1530 CENTRAL AVE 111.6701.0170.1730.5720 DFT0002143 09/24/2024 9/1-10/1/24 1900 CENTRAL AVE 116.3101.0170.1760.5545 DFT0002141 09/26/2024 PAINT STRAINER 40.0102.0170.1760.5962 DFT0002141 09/26/2024 STELL HAND TRUCKS 142.2201.0170.1730.5720 DFT0002142 09/24/2024 9/1-10/1/24 1415 SANTA ANITA AVE 77.5401.0170.1740.5962 DFT0002141 09/26/2024 HEADLIGHTS 198.0901.0170.1740.5962 DFT0002141 09/26/2024 STELL HAND TRUCKS 142.2201.0170.1750.5962 DFT0002141 09/26/2024 STELL HAND TRUCKS 142.2201.0170.1720.5520 DFT0002141 09/26/2024 STELL HAND TRUCKS 142.2301.0170.1740.5435 DFT0002141 09/26/2024 JANITORIAL SUPPLIES 92.0301.0170.1740.5962 DFT0002141 09/26/2024 SMALL TOOLS 72.6701.0170.1720.5520 DFT0002141 09/26/2024 MICROWAVE/ LUNCH ROOM 77.27

Page 43 of 198 ends

U.S. BANK NATIONAL ASSOCIATION
U.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATION

01.0130.1330.5932 DFT0002152 09/06/2024 ADOBE CREDIT (10.00)

01.0170.1020.5406 DFT0002152 09/06/2024 CHALL SUPPLIES 372.5201.0100.1010.5912 DFT0002152 09/06/2024 CITY COUNCIL MTG MEALS 13.5001.0100.1040.5922 DFT0002152 09/06/2024 CITY TILES 121.0001.0100.1010.5912 DFT0002152 09/06/2024 PANERA BREAD/ CITY COUNCIL MTG MEALS 198.5701.0100.1010.5912 DFT0002152 09/06/2024 INTERNSHIP LUNCHEON MEETING 257.9601.0100.1010.5908 DFT0002152 09/06/2024 NALEO EDU ANNUAL MEMBERSHIP 100.0001.0100.1010.5912 DFT0002152 09/06/2024 PANERA BREAD/ STAFF 139.4601.0100.1010.5912 DFT0002152 09/06/2024 CITY COUNCIL MTG MEALS 226.1501.0100.1010.5406 DFT0002152 09/06/2024 CITY COUNCIL SUPPLIES 157.5401.0100.1010.5406 DFT0002152 09/06/2024 CITY COUNCIL SUPPLIES 36.4601.0100.1010.5406 DFT0002152 09/06/2024 CITY COUNCIL SUPPLIES 39.7801.0100.1050.5912 DFT0002152 09/06/2024 LUNCH FOR INTERVIEW RATERS 44.9801.0100.1010.5406 DFT0002152 09/06/2024 CITY COUNCIL SUPPLIES 433.2201.0100.1010.5406 DFT0002152 09/06/2024 CITY COUNCIL SUPPLIES 7.5801.0100.1050.5910 DFT0002152 09/06/2024 AUG'24 JPIA LEADERSHIP ACADEMY FLIGHT CHARGES 118.8701.0100.1050.5910 DFT0002152 09/06/2024 JPIA TRANSPORTATION CHARGES 79.9801.0100.1050.5910 DFT0002152 09/06/2024 JPIA TRANSPORTATION CHARGES 32.2001.0151.1545.5430 DFT0002152 09/06/2024 NIGHT MARKET SUPPLIES 11.0501.0100.1050.5908 DFT0002152 09/06/2024 TRAINING MEALS 262.8301.0100.1050.5908 DFT0002152 09/06/2024 TRAINING MEALS 181.9201.0151.1543.5952 DFT0002152 09/06/2024 EVENING WITH A DEPUTY SUPPLIES 154.7601.0151.1543.5952 DFT0002152 09/06/2024 MOVIES IN THE PARK SUPPLIES 1,935.0001.0151.1545.5430 DFT0002152 09/06/2024 NIGHT MARKET SUPPLIES 48.4001.0151.1542.5499 DFT0002152 09/06/2024 BOXING SUPPLIES 409.3901.0151.1543.5952 DFT0002152 09/06/2024 BIKE RIDE SUPPLIES 95.1401.0151.1543.5952 DFT0002152 09/06/2024 BIKE RIDE SUPPLIES 107.3101.0150.1540.5431 DFT0002152 09/06/2024 SUMMER CAMP SUPPLIES 30.9401.0151.1542.5499 DFT0002152 09/06/2024 BOXING SUPPLIES 171.0101.0151.1542.5499 DFT0002152 09/06/2024 BOXING EQUIPMENT 198.4901.0150.1540.5431 DFT0002152 09/06/2024 SUMMER CAMP SUPPLIES 2,696.5601.0150.1540.5431 DFT0002152 09/06/2024 SUMMER CAMP SUPPLIES 38.8701.0150.1540.5431 DFT0002152 09/06/2024 SUMMER CAMP SUPPLIES 148.0001.0150.1540.5406 DFT0002152 09/06/2024 OFFICE SUPPLIES 18.7301.0150.1540.5406 DFT0002152 09/06/2024 OFFICE SUPPLIES 36.9801.0150.1540.5431 DFT0002152 09/06/2024 SUMMER CAMP SUPPLIES 107.8901.0170.1020.5910 DFT0002152 09/06/2024 SEPT'24 PWX EXPO FLIGHT CHARGES 408.9501.0170.1020.5910 DFT0002152 09/06/2024 APWA SEMINAR REGISTRATION 100.0001.0150.1540.5406 DFT0002152 09/06/2024 AQUATICS SUPPLIES 9.3801.0151.1543.5952 DFT0002152 09/06/2024 PROM DECOR SUPPLIES 518.3106.0300.3010.5430 DFT0002152 09/06/2024 HAIR NETS RETURN CREDIT (11.00)

01.0170.1020.5406 DFT0002152 09/06/2024 DEPT SUPPLIES 82.5201.0150.1530.5952 DFT0002152 09/06/2024 STEAMER FOR SPECIAL EVENTS DECOR 71.6501.0150.1530.5952 DFT0002152 09/06/2024 SPECIAL EVENT SUPPLIES 96.9501.0150.1530.5952 DFT0002152 09/06/2024 PLACEMENT RETURN CREDIT (15.42)

01.0150.1530.5952 DFT0002152 09/06/2024 PLACEMENT RETURN CREDIT (15.42)

01.0150.1530.5952 DFT0002152 09/06/2024 PARKING CHARGES 2.0001.0150.1530.5952 DFT0002152 09/06/2024 PROM DECOR SUPPLIES 30.6701.0150.1530.5430 DFT0002152 09/06/2024 COOKIES/ BDAY SOCIAL 169.9501.0100.1010.5910 DFT0002152 09/06/2024 JUNE'24 NAELO CONF/ REGISTRATION 900.0001.0100.1040.5922 DFT0002152 09/06/2024 ADOBE MONTHLY SUB CREDIT (0.33)

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01.0130.1310.5406 DFT0002152 09/06/2024 FINANCE OFFICE SUPPLIES 159 U.S. BANK NATIONAL ASSOCIATION .73

01.0100.1020.5405 DFT0002152 09/06/2024 CHALL OFFICE SUPPLIES 37.4301.0130.1310.5406 DFT0002152 09/06/2024 FINANCE OFFICE SUPPLIES 21.9101.0130.1310.5406 DFT0002152 09/06/2024 FINANCE OFFICE SUPPLIES 92.7401.0151.1543.5952 DFT0002152 09/06/2024 BOXING GYM EQUIPMENT 175.0001.0151.1543.5952 DFT0002152 09/06/2024 SUMMER CONCERT EVENTS SUPPLIES 4.4101.0151.1543.5952 DFT0002152 09/06/2024 SUMMER CONCERT EVENTS SUPPLIES 68.7601.0151.1543.5952 DFT0002152 09/06/2024 SUMMER CONCERT EVENTS SUPPLIES 76.7901.0151.1543.5952 DFT0002152 09/06/2024 SPECIAL EVENT DONUTS 47.9801.0151.1543.5952 DFT0002152 09/06/2024 NATIONAL NIGHT OUT EVENT SUPPLIES 962.2401.0151.1543.5952 DFT0002152 09/06/2024 SUMMER CONCERT EVENTS SUPPLIES 115.0001.0151.1543.5952 DFT0002152 09/06/2024 SPECIAL EVENT PIZZA 189.5901.0151.1543.5952 DFT0002152 09/06/2024 SPECIAL EVENT PIZZA 94.7901.0151.1543.5952 DFT0002152 09/06/2024 SPECIAL EVENT DONUTS 157.4301.0151.1543.5952 DFT0002152 09/06/2024 SUMMER CONCERT EVENTS SUPPLIES 271.6601.0151.1543.5952 DFT0002152 09/06/2024 NATIONAL NIGHT OUT EVENT SUPPLIES 472.3701.0151.1543.5952 DFT0002152 09/06/2024 SUMMER CONCERT EVENTS SUPPLIES 236.0901.0150.1540.5431 DFT0002152 09/06/2024 SUMMER CAMP PRGM SUPPLIES 105.8401.0150.1540.5431 DFT0002152 09/06/2024 SUMMER CAMP PRGM SUPPLIES 105.2601.0150.1540.5431 DFT0002152 09/06/2024 SUMMER CAMP PRGM SUPPLIES 38.6101.0150.1540.5908 DFT0002152 09/06/2024 DRINKS & SNACKS/ STAFF MEETING 390.3101.0150.1540.5908 DFT0002152 09/06/2024 FOOD/ STAFF MEETING 28.2601.0150.1540.5956 DFT0002152 09/06/2024 AQUATIC UNIFORMS 659.2001.0150.1540.5431 DFT0002152 09/06/2024 SUMMER CAMP PROGRAM SUPPLIES 76.8501.0150.1540.5431 DFT0002152 09/06/2024 SUMMER CAMP PROGRAM SUPPLIES 171.4601.0150.1540.5908 DFT0002152 09/06/2024 FOOD/ STAFF MEETING 234.8501.0150.1540.5431 DFT0002152 09/06/2024 SUMMER CAMP PROGRAM SUPPLIES 84.1201.0150.1540.5431 DFT0002152 09/06/2024 BABY LAB PROGRAM SUPPLIES 78.7101.0150.1540.5431 DFT0002152 09/06/2024 SUMMER CAMP PROGRAM SUPPLIES 73.3101.0150.1540.5431 DFT0002152 09/06/2024 SNACKS/ STAFF TNG & WELLNESS 140.0001.0150.1540.5431 DFT0002152 09/06/2024 SUMMER CAMP PROGRAM SUPPLIES 116.2401.0150.1540.5431 DFT0002152 09/06/2024 SUMMER CAMP PROGRAM SUPPLIES 90.9401.0150.1540.5431 DFT0002152 09/06/2024 SUMMER CAMP PROGRAM SUPPLIES 348.5501.0150.1540.5431 DFT0002152 09/06/2024 SUMMER CAMP PROGRAM SUPPLIES 228.6801.0150.1540.5431 DFT0002152 09/06/2024 SUMMER CAMP PROGRAM SUPPLIES 62.2501.0150.1540.5431 DFT0002152 09/06/2024 SUMMER CAMP EXCURSION DEPOSIT 504.99

01.0150.1540.5431 DFT0002152 09/06/2024 SUMMER CAMP PROGRAM SUPPLIES 409.0301.0150.1540.5431 DFT0002152 09/06/2024 SUMMER CAMP PROGRAM SUPPLIES 365.5301.0150.1540.5431 DFT0002152 09/06/2024 SUMMER CAMP PROGRAM SUPPLIES 60.5301.0150.1540.5431 DFT0002152 09/06/2024 SUMMER CAMP PROGRAM SUPPLIES 9.9101.0150.1540.5431 DFT0002152 09/06/2024 SUMMER CAMP PROGRAM SUPPLIES 8.3706.0300.3010.5430 DFT0002152 09/06/2024 CI NUTR PRGM SUPPLIES 115.4006.0300.3010.5430 DFT0002152 09/06/2024 CI NUTR PRGM SUPPLIES 515.2901.0150.1540.5431 DFT0002152 09/06/2024 SUMMER CAMP PROGRAM SUPPLIES 115.6001.0150.1530.5430 DFT0002152 09/06/2024 JULY SOCIAL/ ICE CREAM 126.3101.0150.1530.5952 DFT0002152 09/06/2024 SENIOR PROM SUPPLIES 31.5101.0150.1530.5952 DFT0002152 09/06/2024 DRAPING FOR SENIOR PROM 140.0001.0150.1530.5406 DFT0002152 09/06/2024 FRONT LOBBY DECORATIONS 276.4801.0150.1530.5406 DFT0002152 09/06/2024 FRONT LOBBY DECORATIONS 65.2401.0150.1530.5430 DFT0002152 09/06/2024 AUGUST CRAFT SUPPLIES 128.0801.0100.1010.5912 DFT0002152 09/06/2024 2024 LUNCHEON LEADERSHIP SERIES MTG 50.00

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U.S. BANK NATIONAL ASSOCIATION
U.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONU.S. BANK NATIONAL ASSOCIATIONATHENS SERVICESCALPERS RETIREMENTCALPERS RETIREMENTDEPARTMENT OF THE TREASURYDEPARTMENT OF THE TREASURYDEPARTMENT OF THE TREASURYDEPARTMENT OF THE TREASURYDEPARTMENT OF THE TREASURYEMPLOYMENT DEVELOPMENT DEPT.QUADIENT LEASING USA, INC.SAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATER

01.0170.1730.5720 DFT0002183 10/01/2024 8/6-9/10/24 1926 DURFEE AVE 479.84

01.0170.1730.5720 DFT0002184 10/01/2024 8/8-9/12/24 10452 RUSH ST 128.8701.0170.1730.5720 DFT0002185 10/01/2024 8/8-9/12/24 1900 CENTRAL AVE 194.9601.0170.1730.5720 DFT0002180 10/01/2024 8/8-9/12/24 2022 N CENTRAL AVE 145.3801.0170.1730.5720 DFT0002181 10/01/2024 8/8-9/12/04 1824 CENTRAL AVE 1,019.6201.0170.1730.5720 DFT0002182 10/01/2024 8/8-9/12/24 MERCED N/W SANTA ANITA 73.0301.0170.1730.5720 DFT0002177 09/30/2024 8/5-9/9/24 1508 PECK RD 353.1701.0170.1730.5720 DFT0002178 10/01/2024 8/7-9/11/24 1450 LIDCOMBE 612.0301.0170.1730.5720 DFT0002179 10/01/2024 8/8-9/12/24 1556 CENTRAL AVE 545.9501.0170.1730.5720 DFT0002174 10/01/2024 8/6-9/10/24 2018 DURFEE AVE 276.0501.0170.1730.5720 DFT0002175 10/01/2024 8/8-9/12/24 1530 CENTRAL AVE 358.6701.0170.1730.5720 DFT0002176 09/30/2024 8/5-9/9/24 1502 PECK RD 325.6201.0170.1730.5720 DFT0002171 10/01/2024 8/6-9/10/24 11016 GOMEZ PALACIO DR 28.6201.0170.1730.5720 DFT0002172 10/01/2024 8/8-9/12/24 N/E MERCED SANTA ANITA 202.2801.0170.1730.5720 DFT0002173 10/01/2024 8/8-9/12/24 1652 TYLER AVE 218.8101.0170.1730.5720 DFT0002168 09/30/2024 8/5-9/9/24 1109 PECK RD 265.0301.0170.1730.5720 DFT0002169 10/01/2024 8/8-9/12/24 1415 SANTA ANITA AVE 678.1301.0170.1730.5720 DFT0002170 10/01/2024 8/8-9/12/24 1819 N MERCED AVE 321.6401.0170.1730.5720 DFT0002167 10/01/2024 8/8-9/12/24 2000 SANTA ANITA AVE 84.8001.0170.1730.5720 DFT0002164 10/01/2024 8/7-9/11/24 1675 DURFEE AVE 202.2801.0170.1730.5720 DFT0002165 10/01/2024 8/6-9/10/24 1903 DURFEE AVE 163.7301.0170.1730.5720 DFT0002166 10/01/2024 8/8-9/12/24 1500 N CENTRAL AVE 1,383.1401.0170.1730.5720 DFT0002161 09/30/2024 8/5-9/9/24 1710 DURFEE AVE 292.5601.0170.1730.5720 DFT0002162 09/30/2024 8/5-9/9/24 FARNDON-PECK 90.3101.0170.1730.5720 DFT0002163 10/01/2024 8/8-9/12/24 N LERMA/ MILLET 276.0501.0100.1020.5916 DFT0002158 09/11/2024 7/15-8/12/24 POSTAGE CHARGES 435.7001.0170.1730.5720 DFT0002159 09/30/2024 8/5-9/9/24 THIENES/ PARKWAY 30.89

01.0170.1730.5720 DFT0002160 09/30/2024 8/5-9/9/24 1222 PECK RD 397.2201.0000.0000.2215 DFT0002156 09/26/2024 9/26/24 RETRO/ FICA 6,791.08

01.0000.0000.2215 DFT0002156 09/26/2024 9/26/24 RETRO/ MEDICARE 1,588.2201.0000.0000.2210 DFT0002157 09/27/2024 7/1-9/14/24 RETRO/ STATE WTHD'G 517.0901.0000.0000.2215 DFT0002155 09/24/2024 PPE 9/28/24 MEDICARE 7.6601.0000.0000.2215 DFT0002155 09/24/2024 PPE 9/28/24 FEDERAL 32.7401.0000.0000.2205 DFT0002156 09/26/2024 9/26/24 RETRO/ FEDERAL 2,554.33

02.0170.1760.5550 DFT0002153 09/16/2024 SEPT'24 SWEEPER SVCS 7,057.9201.0000.0000.2020 DFT0002154 09/27/2024 RATE PLAN 685 2,997.8501.0000.0000.2020 DFT0002154 09/27/2024 RATE PLAN 27216 6,044.7201.0130.1310.5914 DFT0002152 09/06/2024 TVALUE ONLINE ANNUAL SUBSCRIPTION 60.0001.0130.1330.5932 DFT0002152 09/06/2024 ADOBE CLOUD APPS SUBSCRIPTION 437.8901.0130.1330.5932 DFT0002152 09/06/2024 ADOBE CLOUD APPS SUBSCRIPTION 162.5501.0130.1330.5931 DFT0002152 09/06/2024 APPLE RE-OCCURING CHARGES 10.9901.0130.1330.5931 DFT0002152 09/06/2024 APPLE RE-OCCURING CHARGES 1.9901.0130.1330.5931 DFT0002152 09/06/2024 APPLE RE-OCCURING CHARGES 9.9901.0130.1330.5932 DFT0002152 09/06/2024 ICLOUD STORAGE MONTHLY CHARGE 9.9901.0130.1330.5932 DFT0002152 09/06/2024 ICLOUD STORAGE MONTHLY CHARGE 2.9901.0130.1330.5932 DFT0002152 09/06/2024 TELENYX PLATFORM 113.1501.0130.1330.5215 DFT0002152 09/06/2024 JULY'24 STAMPLI CHARGES 2,317.5001.0130.1330.5715 DFT0002152 09/06/2024 6/3-7/2/24 CITY CELL PHONE- FIRSTNET 3,899.2901.0130.1330.5932 DFT0002152 09/06/2024 ICLOUD STORAGE MONTHLY CHARGE 2.9901.0130.1330.5215 DFT0002152 09/06/2024 CABLE & INTERNET SVCS 154.9801.0130.1330.5215 DFT0002152 09/06/2024 JULY'24 INTERNET SVCS 327.04

Page 46 of 198 ends

SAN GABRIEL VALLEY WATER
SAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSAN GABRIEL VALLEY WATERSECTRAN SECURITY INC.SOUTHERN CALIFORNIA EDISONSOUTHERN CALIFORNIA EDISON Grand Total

01.0170.1730.5710 DFT0002192 09/30/2024 8/15-9/15/24 1415 SANTA ANITA 2,513.35 $ 1,491,831.10

01.0170.1730.5720 DFT0002189 09/30/2024 8/5-9/9/24 1628 DURFEE AVE 303.5801.0130.1310.5280 DFT0002190 09/26/2024 SEPT'24 ARMORED SVCS 202.1701.0170.1730.5710 DFT0002191 09/30/2024 8/15-9/15/24 1824 CENTRAL AVE 1,528.3201.0170.1730.5720 DFT0002186 09/30/2024 8/5-9/9/24 1660 DURFEE AVE 163.7301.0170.1730.5720 DFT0002187 10/01/2024 8/8-9/12/24 1707 N MERCED AVE 171.8301.0170.1730.5720 DFT0002188 10/01/2024 8/8-9/12/24 1819 N CENTRAL AVE 342.15

Page 47 of 198 ends

Page 48 of 198 ends

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

DATE: October 8, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Ariana De La Cruz, Director of Community Services SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION 24-229,

AUTHORIZING THE PURCHASE OF A TRANSPORTATION
VEHICLE FROM TESLA, INC.

SUMMARY: The Senior Services and Transportation Division ("Division") is committed to improving mobility for seniors and individuals with disabilities by offering safe and efficient transportation services. The Division seeks approval to purchase a Tesla Model Y Long Range Pack ("Tesla Model Y") with funding allocated through the Prop A - Dispatch Implementation Plan account included in the City's approved Fiscal Year (FY) 2024-2025 Budget.

RECOMMENDED ACTION: Staff recommends City Council:

1. Approve Resolution No. 24-229, approving the purchase of a Tesla Model Y from Tesla, Inc.; and

2. Authorize the City Manager to negotiate and execute all requisite documents for the purchase.

FISCAL/FINANCIAL IMPACT: The City will be utilizing Prop A funds to purchase this new electric transportation vehicle. The total cost for the Tesla Model Y is $53,524.30.

The amount has been budgeted in the Prop A Fund (44-800-8015-6010) for FY 2024- 2025.

DISCUSSION: The Division operates a comprehensive Dial-A-Ride transportation program that provides curb-to-curb, demand-response transportation services for individuals 60 or older, as well as for legally disabled residents of any age. Passengers are transported to any destination within the City limits, and up a 15-mile radius outside the city limits for medical appointments only. Other services include transportation of youth who participate in the City’s sponsored after-school and seasonal camp programs.

On a limited basis, bus services are provided for youth and senior excursions, and for special events that are sponsored by the City.

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With the goal of converting the transportation fleet into all electric in the near future, the Division has identified the Tesla Model Y Long Range Pack as a vehicle compatible with the Division's needs. The Model Y is a mid-size SUV that can transport multiple five (5) individuals in a standard configuration. The vehicle is centered lower on the ground, allowing easy access for the aging population, individuals with disabilities, and younger commuters. The Model Y is rear-wheel drive with an average range of 320 miles on a full charge. It includes features such as autopilot, front/side/and rear-facing cameras, traffic awareness control, and twelve (12) full vehicle ultrasonic sensors. Purchasing an electric vehicle is cost-beneficial and environmentally conscientious. The purchase of the Model Y vehicle will be using Prop A funds, which originated from a local half-cent sales tax dedicated to funding transportation projects and improvements in the amount of $53,524.30. In order to proceed with the purchase of this specific vehicle, staff has obtained a letter from Tesla (Attachment C) stating that Tesla, Inc. is the sole source vendor for the Tesla Model Y to fulfill the City's purchasing requirements.

ATTACHMENT(S):

A. Resolution No. 24-229
B. Vehicle Order Agreement
C. Tesla Sole Source Vendor Letter
D. Tesla Model Y Cost Estimate

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ATTACHMENT A
RESOLUTION NO. 24-229

A RESOLUTION OF THE SOUTH EL MONTE CITY

COUNCIL AUTHORIZING THE PURCHASE OF A
TRANSPORTATION VEHICLE FROM TESLA, INC.

WHEREAS, the City received an estimate for a potential vehicle purchase as detailed and identified in the staff report and related attachments. The vehicle is described as a Tesla Model Y Long Range Pack; and
WHEREAS, Section 3.16.120 of the South El Monte Municipal Code outlines the exceptions to the City’s bidding requirements; and
WHEREAS, Section 3.16.120(A) of the South El Monte Municipal Code exempts the purchase of services, supplies, or equipment upon the city manager’s finding that such services, supplies or equipment are unique because of the quality, durability, availability, or fitness for a particular use and are available from only one source; and WHEREAS, the city manager has determined that Tesla, Inc. is the sole source vendor of the Model Y vehicle; and
WHEREAS, the City will be utilizing Prop A funds for the purchase of this vehicle in the amount of $53,524.30.

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

SECTION 1: The above recitals are true and correct.

SECTION 2: The City Council hereby approves of the purchase of the vehicle.

SECTION 3: The City Council authorizes the City Manager to negotiate and execute the agreement with Tesla, Inc. for the purchase of a Tesla Model Y Long Range Pack in the amount of $53,524.30.

SECTION 4. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED this 8th day of October 2024. _________________________
Gloria Olmos, Mayor
ATTEST:
____________________________
Sabrina Muhne, Interim City Clerk

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01257.0001/1020789.1

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF SOUTH EL MONTE )
I, Sabrina Muhne, Interim City Clerk of the City of South El Monte, hereby certifies that the foregoing Resolution being Resolution No. 24-229, was adopted by the City Council of the City of South El Monte at a regular meeting of said Council held on the 8th day of October 2024, and that said Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

____________________________
Sabrina Muhne, Interim City Clerk

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Motor Vehicle Order Agreement (US v.20240604) Page 1 of 4 Tesla, Inc. ®2024
Motor Vehicle Order Agreement
Terms & Conditions
Documentation. Your Motor Vehicle Order Agreement (the “Agreement”) is made up of the following documents:

1. Vehicle Configuration: The Vehicle Configuration describes the vehicle that you configured and ordered, including pricing (excluding taxes and official or government fees).

2. Final Price Sheet: The Final Price Sheet will be provided to you as your delivery date nears. It will include final pricing based on your final Vehicle Configuration and will include taxes and official or governmental fees.

3. Terms & Conditions: These Terms & Conditions are effective as of the date you place your order and make your Order Fee (the “Order Date”).

Agreement to Purchase. You agree to purchase the vehicle (the “Vehicle”) described in your Vehicle Configuration from Tesla, Inc. or its affiliate (“we,” “us” or “our”), pursuant to the terms and conditions of this Agreement. Your Vehicle is priced and configured based on features and options available at the time of order and you can confirm availability with a Tesla representative. Options, features or hardware released or changed after you place your order may not be included in or available for your Vehicle. If you are purchasing a used Vehicle, it may exhibit signs of normal wear and tear in line with its respective age and mileage.

Purchase Price, Taxes and Official Fees. The purchase price of the Vehicle is indicated in your Vehicle Configuration. This purchase price does not include taxes and official or government fees, which could amount to up to 10% or more of the Vehicle purchase price.

Because these taxes and fees are constantly changing and will depend on many factors, such as where you register the Vehicle, they will be calculated closer to the time of delivery and indicated on your Final Price Sheet. You are responsible for paying these additional taxes and fees. If Tesla is registering your Vehicle, this will be due when you pay the purchase price. If you are registering your Vehicle in a self-registration state, the sales tax and state-applicable registration fees may be due at time of registration. If you present a check for any payment, we may process the payment as a normal check transaction, or we may use information from your check to make a one-time electronic fund transfer from your account, in which case your bank account will reflect this transaction as an Electronic Fund Transfer. If you are purchasing a used Vehicle, your Order Deposit will be applied to your Purchase Price.

Order Process; Cancellation; Changes. After you submit your completed order, we will begin the process of preparing and coordinating your Vehicle delivery. At this point, you agree that any paid Order Fee, Order Deposit and Transportation fee have been earned. If you cancel your order or breach this Agreement and we cancel your order, you agree that we may retain as liquidated damages the Order Fee, Order Deposit and Transportation Fee, to the extent not otherwise prohibited by law. You acknowledge that the Order Fee, Order Deposit and Transportation Fee are a fair and reasonable estimate of the actual damages we have incurred or may incur in transporting, remarketing, and reselling the Vehicle, costs which are otherwise impracticable or extremely difficult to determine. If you make changes to your order, you may be subject to potential price increases for any pricing adjustments made since your original Order Date. Any changes made by you to your Vehicle Configuration, including changes to the delivery location or estimated delivery date, will be reflected in a subsequent Vehicle Configuration that will form part of this Agreement. The Order Fee, Order Deposit, Transportation Fee and this Agreement are not made or entered into in anticipation of or pending any conditional sale contract.

Delivery; Transfer of Title. If you are picking up your Vehicle in a state where we are licensed to sell the Vehicle, we will notify you of when we expect your Vehicle to be ready for delivery at your local Tesla Delivery Center, or other location as we may agree to. You agree to schedule and take delivery of your Vehicle within three (3) days of this date. If you do not respond to our notification or are unable to take delivery within the specified period, your Vehicle may be made available for sale to other customers. For new vehicles, if you do not take delivery within fourteen (14) days of our first attempt to notify you, Tesla may cancel your order and keep your Order Fee.

If you wish to pick up your Vehicle in a state where we are not licensed to sell the Vehicle, you agree that the sale is transacted in the state listed in the Seller’s address above (the “Contracting State”). In such a case, the risk of loss of the Vehicle transfers to you in the Contracting State, and legal title to the Vehicle transfers to you in the Contracting State, at the time that Tesla receives your final payment in its entirety. If available, Tesla may, on your behalf and at your cost, coordinate the shipment of your Vehicle to you, generally from our factory in California or another state where we are licensed to sell the Vehicle. In such a case, you agree that this is a shipment contract under which Tesla will coordinate the shipping of the Vehicle to you via a third-party common carrier or other mode of transport. Upon the transfer of title, your Vehicle will be insured at no cost to you, and you will be the beneficiary of any claims for damage to the Vehicle or losses occurring while the Vehicle is in transit. To secure your final payment and performance

ATTACHMENT B

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Motor Vehicle Order Agreement (US v.20240604) Page 2 of 4 Tesla, Inc. ®2024
under the terms of this Agreement, we will retain a security interest in the Vehicle and all proceeds therefrom until your obligations have been fulfilled.

The estimated delivery date of your Vehicle, if provided, is only an estimate as we do not guarantee when your Vehicle will actually be delivered. Your actual delivery date is dependent on many factors, including your Vehicle’s configuration and manufacturing availability.

Incentives. Tesla makes no promises, warranties or guarantees regarding fund availability or your eligibility for any incentives, rebates and tax credits (the “Incentives”) related to the Vehicle. If Tesla has credited your Purchase Price for the amount of an Incentive, but you do not qualify for the Incentive, you shall reimburse Tesla for the amount of the credit. Failure to reimburse Tesla will constitute a default under this Agreement at which time Tesla may exercise any remedies available to it, including repossession of the Vehicle.

Agreement to Arbitrate. Please carefully read this provision, which applies to any dispute between you and Tesla, Inc. and its affiliates, (together “Tesla”).

If you have a concern or dispute, please send a written notice describing it and your desired resolution to [email protected].

If not resolved within 60 days, you agree that any dispute arising out of or relating to any aspect of the relationship between you and Tesla will not be decided by a judge or jury but instead by a single arbitrator in an arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. This includes claims arising before this Agreement, such as claims related to statements about our products. You further agree that any disputes related to the arbitrability of your claims will be decided by the court rather than an arbitrator, notwithstanding AAA rules to the contrary.

To initiate the arbitration, you will pay the filing fee directly to AAA and we will pay all subsequent AAA fees for the arbitration, except you are responsible for your own attorney, expert, and other witness fees and costs unless otherwise provided by law. If you prevail on any claim, we will reimburse you your filing fee. The arbitration will be held in the city or county of your residence. To learn more about the Rules and how to begin an arbitration, you may call any AAA office or go to www.adr.org.

The arbitrator may only resolve disputes between you and Tesla, and may not consolidate claims without the consent of all parties.

The arbitrator cannot hear class or representative claims or requests for relief on behalf of others purchasing or leasing Tesla vehicles.

In other words, you and Tesla may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any class or representative action. If a court or arbitrator decides that any part of this agreement to arbitrate cannot be enforced as to a particular claim for relief or remedy, then that claim or remedy (and only that claim or remedy) must be brought in court and any other claims must be arbitrated.

If you prefer, you may instead take an individual dispute to small claims court.

You may opt out of arbitration within 30 days after signing this Agreement by sending a letter to: Tesla, Inc.; P.O. Box 15430; Fremont, CA 94539-7970, stating your name, Order Number or Vehicle Identification Number, and intent to opt out of the arbitration provision.

If you do not opt out, this agreement to arbitrate overrides any different arbitration agreement between us, including any arbitration agreement in a lease or finance contract.

Connectivity. Standard Connectivity is included in your Vehicle, at no additional cost, for eight (8) years beginning on the first day your Vehicle was delivered as new by Tesla, or the first day it is put into service (for example used as a demonstrator or company vehicle), whichever comes first. A trial of Premium Connectivity will be included following delivery of the Vehicle. Once this trial is over as detailed at www.tesla.com/support/connectivity, you may subscribe to Premium Connectivity or your Vehicle will return to Standard Connectivity. Features included in Premium Connectivity are subject to change and may be limited or unavailable due to Obsolete Hardware. You understand and agree that the cellular or other network needed for any Connectivity is provided by your local telecommunications company and other external providers, and that we are not liable for any parts, software, upgrades or any other costs (including labor) needed to use or maintain network connectivity or compatibility with any features or services externally supplied to the Vehicle. Any connectivity issues (including for quality, functionality or coverage) or gaps in service unrelated to a hardware fault or failure are not covered by Tesla warranties.

Obsolete Hardware and Future Firmware Updates. The Vehicle will regularly receive over-the-air software updates that add new features and enhance existing ones over Wi-Fi. Future software updates may not be provided for your Vehicle, or may not include all

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Motor Vehicle Order Agreement (US v.20240604) Page 3 of 4 Tesla, Inc. ®2024
existing or new features or functionality, due to your Vehicle’s age, configuration, data storage capacity or parts, after the expiration of your Warranty. We are not liable for any parts or labor or any other cost needed to update or retrofit the Vehicle so that it may receive these updates, or any Vehicle issues occurring after the installation of any software updates due to obsolete, malfunctioning (except as covered by your Warranty) or damaged hardware.

Privacy Policy; Payment Terms for Services; Supercharger Fair Use Policy. Tesla’s Customer Privacy Policy; Payment Terms for Services and Supercharger Fair Use Policy are incorporated into this Agreement and can be viewed at www.tesla.com/about/legal.

Warranty. You will receive access to the Tesla New Vehicle Limited Warranty or the Tesla Used Vehicle Limited Warranty, as applicable, at or prior to the time of Vehicle delivery or pickup. The warranty version applicable to your Vehicle is that which was in effect when the Vehicle was first delivered or picked up from Tesla directly, including by any previous owners. You may also obtain a written copy of your warranty from us upon request and view the current version at our website.

Limitation of Liability. We are not liable for any incidental, special or consequential damages arising out of this Agreement. Your sole and exclusive remedy under this Agreement will be limited to reimbursement of your Order Fee, Order Deposit and Transportation Fee.

No Resellers; Discontinuation; Cancellation. Tesla and its affiliates sell cars directly to end-consumers, and we may unilaterally cancel any order that we believe has been made with a view toward resale of the Vehicle or that has otherwise been made in bad faith, and we’ll keep your Order Fee, Order Deposit and Transportation Fee. This includes orders for which a third-party is facilitating or brokering the sale, or if the vehicles are to be exported to somewhere other than where you tell us you will be registering the Vehicle. We may also cancel your order and refund your Order Fee, Order Deposit and Transportation Fee if we discontinue a product, feature or option after the time you place your order. We work to fulfill your order as quickly as we can. If you become unresponsive to us or fail to complete a requested action to progress towards delivery of your Vehicle, we may cancel your order and keep your Order Fee, Order Deposit and Transportation Fee. Alternatively, Tesla may give you the option to reconfigure your Vehicle at the current pricing.

Default and Remedies. You will be in default and/or breach of this Agreement if any one of the following occurs (except as prohibited by law): you fail to perform an obligation that you have undertaken in the Agreement; or we, in good faith, believe that you cannot, or will not pay or perform the obligations you have agreed to in this Agreement. You will also be in default and/or breach of this Agreement if you provide false or misleading information in your order, or do anything else the law says is a default. If you are in default, we may, after any legally required notice or waiting period: (i) do anything to protect our interest in the Vehicle, including repossessing the Vehicle using legally permitted means, (ii) locate and disable the Vehicle electronically using our remote dynamic vehicle connection described in our Privacy Policy, (iii) sue you for damages or to get the Vehicle back, and/or (iv) charge you for amounts we spend taking these actions, including but not limited to attorney fees and costs.

Governing Law; Integration; Assignment. Except as provided below, the terms of this Agreement are governed by, and to be interpreted according to, the laws of the State in your address indicated on your Vehicle Configuration. Prior agreements, oral statements, negotiations, communications or representations about the Vehicle sold under this Agreement are superseded by this Agreement. Terms relating to the purchase not expressly contained herein are not binding. We may assign this Agreement at our discretion to one of our affiliated entities.

State-Specific Provisions. You acknowledge that you have read and understand the provisions applicable to you in the State-Specific Provisions attachment to this Agreement.

This Agreement is entered into and effective as of the date you accept this Agreement, by electronic means or otherwise. By confirming and accepting this Agreement, you agree to the terms and conditions of this Agreement.

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Motor Vehicle Order Agreement (US v.20240604) Page 4 of 4 Tesla, Inc. ®2024
State Specific Provisions
For NEW YORK residents: If the Vehicle is not delivered in accordance with the Agreement within 30 days following the estimated delivery date, you have the right to cancel the Agreement and receive a full refund, unless the delay in delivery is attributable to you.

If this motor vehicle is classified as a used motor vehicle, the dealer named above certifies that the entire vehicle is in condition and repair to render, under normal use, satisfactory and adequate service upon the public highway at the time of delivery.

The dealer named above further certifies that this vehicle complies with the inflatable restraint system requirements found in section 419-a of New York State Vehicle and Traffic Law.

The amount indicated on the sales contract or lease agreement for registration and title fees is an estimate. In some instances, it may exceed the actual fees due the Commissioner of Motor Vehicles. The dealer will automatically, and within 60 days of securing such registration and title, refund any amount overpaid for such fees.

For MASSACHUSETTS residents: ATTENTION PURCHASER: All vehicles are WARRANTED as a matter of state law. They must be fit to be driven safely on the roads and must remain in good running condition for a reasonable period of time.

If you have significant problems with the Vehicle or if it will not pass a Massachusetts inspection, you should notify us immediately. We may be required to fix the car or refund your money. THIS WARRANTY IS IN ADDITION TO ANY OTHER WARRANTY GIVEN BY US.

For MICHIGAN residents and purchasers: The terms of this Agreement are governed by, and are to be interpreted according to, Michigan law. The sale of your vehicle will be transacted outside of Michigan, and in a state in which Tesla has a license to sell vehicles, as explained in the body of the Agreement.

For WASHINGTON, D.C. residents:

NOTICE TO PURCHASER

IF, AFTER A REASONABLE NUMBER OF ATTEMPTS, THE MANUFACTURER, ITS AGENT, OR AUTHORIZED DEALER IS

UNABLE TO REPAIR OR CORRECT ANY NON-CONFORMITY, DEFECT, OR CONDITION WHICH RESULTS IN SIGNIFICANT

IMPAIRMENT OF THE MOTOR VEHICLE, THE MANUFACTURER, AT THE OPTION OF THE CONSUMER, SHALL REPLACE THE

MOTOR VEHICLE WITH A COMPARABLE MOTOR VEHICLE, OR ACCEPT RETURN OF THE MOTOR VEHICLE FROM THE

CONSUMER AND REFUND TO THE CONSUMER THE FULL PURCHASE PRICE, INCLUDING ALL SALES TAX, LICENSE FEES, REGISTRATION FEES, AND ANY SIMILAR GOVERNMENT CHARGES. IF YOU HAVE ANY QUESTIONS CONCERNING YOUR RIGHTS, YOU MAY CONTACT THE DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRS.

Seller certifies that the information contained in the itemization of the purchase price, including the Vehicle Configuration, and required by Chapter 3 (Buying, Selling and Financing Motor Vehicles) of Title 16 of the Code of D.C.

Municipal Regulations, is true to the best of our knowledge.

For RHODE ISLAND residents: Rhode Island law requires that all motor vehicles sold at retail must be in such condition as to pass a State safety inspection at the time of sale so as to protect consumers.

For VIRGINIA residents: IF YOU ARE FINANCING THIS VEHICLE, PLEASE READ THIS NOTICE: YOU ARE PROPOSING TO ENTER INTO A RETAIL INSTALLMENT SALES CONTRACT WITH THE DEALER. PART OF YOUR CONTRACT INVOLVES FINANCING THE PURCHASE OF YOUR VEHICLE. IF YOU ARE FINANCING THIS VEHICLE AND THE DEALER INTENDS TO TRANSFER YOUR FINANCING TO A FINANCE

PROVIDER SUCH AS A BANK, CREDIT UNION OR OTHER LENDER, YOUR VEHICLE PURCHASE DEPENDS ON THE FINANCE PROVIDER'S APPROVAL OF YOUR PROPOSED RETAIL INSTALLMENT SALES CONTRACT. IF YOUR RETAIL INSTALLMENT SALES CONTRACT IS

APPROVED WITHOUT A CHANGE THAT INCREASES THE COST OR RISK TO YOU OR THE DEALER, YOUR PURCHASE CANNOT BE CANCELLED. IF YOUR RETAIL INSTALLMENT SALES CONTRACT IS NOT APPROVED, THE DEALER WILL NOTIFY YOU VERBALLY OR IN WRITING. YOU CAN THEN DECIDE TO PAY FOR THE VEHICLE IN SOME OTHER WAY OR YOU OR THE DEALER CAN CANCEL YOUR

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Motor Vehicle Order Agreement (US v.20240604) Page 5 of 4 Tesla, Inc. ®2024
PURCHASE. IF THE SALE IS CANCELLED, YOU NEED TO RETURN THE VEHICLE TO THE DEALER WITHIN 24 HOURS OF VERBAL OR WRITTEN NOTICE IN THE SAME CONDITION IT WAS GIVEN TO YOU, EXCEPT FOR NORMAL WEAR AND TEAR. ANY DOWN PAYMENT OR TRADE-IN YOU GAVE THE DEALER WILL BE RETURNED TO YOU. IF YOU DO NOT RETURN THE VEHICLE WITHIN 24 HOURS OF

VERBAL OR WRITTEN NOTICE OF CANCELLATION, THE DEALER MAY LOCATE THE VEHICLE AND TAKE IT BACK WITHOUT FURTHER

NOTICE TO YOU AS LONG AS THE DEALER FOLLOWS THE LAW AND DOES NOT CAUSE A BREACH OF THE PEACE WHEN TAKING THE VEHICLE BACK. IF THE DEALER DOES NOT RETURN YOUR DOWN PAYMENT AND ANY TRADE-IN WHEN THE DEALER GETS THE

VEHICLE BACK IN THE SAME CONDITION IT WAS GIVEN TO YOU, EXCEPT FOR NORMAL WEAR AND TEAR, THE DEALER MAY BE LIABLE TO YOU UNDER THE VIRGINIA CONSUMER PROTECTION ACT.

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ATTACHMENT C
1 Tesla Road, Austin, TX 78725
P 650 681 5100 F 650 681 5101
Dear City of South El Monte,
Tesla is a vertically integrated company that wholly owns its showrooms and galleries. Tesla does not use a dealership network and the only way to purchase a new Tesla vehicle is directly from Tesla. Vertical integration and regionalization help us source materials responsibly and have more control over supply. Further, it allows us to ensure that customers receive consistent pricing across North America.

Thank you for considering Tesla in your transition to a sustainable energy future.

Sincerely,
Mac Dunmire
Senior Account Manager | Government and Business Fleet
Tesla Vertical Integration
08/21/2024

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ATTACHMENT D
45500 Fremont Blvd
Fremont, CA 94538
Attn: Mac Dunmire
240-821-3055
Ite
m # Description
Quanti
ty
Units of
Measure Unit Price Total Value
1 Car - Tesla Model Y Long Range 1 EACH $44,990.00 $44,990.00 320 mile range Rear Wheel Drive
Color: Pearl White Multi-Coat 1 EACH $1,000.00 $1,000.00 Autopilot 1 EACH $0.00 $0.00
Power Doors 1 EACH $0.00 $0.00
Center console with storage, 4 USB-C
ports and wireless charging for 2 1 EACH $0.00 $0.00
Power Windows 1 EACH $0.00 $0.00
Carpeted Flooring Front and Rear 1 EACH $0.00 $0.00
19" Dark Gemini Wheels 1 EACH $0.00 $0.00
All Black Interior 1 EACH $0.00 $0.00
Synthetic Leather Seats 1 EACH $0.00 $0.00
Tinted glass roof with ultraviolet and
infrared protection 1 EACH $0.00 $0.00
Rear View Camera 1 EACH $0.00 $0.00
Tilt Steering Wheel 1 EACH $0.00 $0.00
Keys (2 Keys Standard) 1 EACH $0.00 $0.00
12-way power adjustable front and rear 1 EACH $0.00 $0.00 Front License Plate Holder 1 EACH $0.00 $0.00
Mirrors, Power folding, auto-dimming, 1 EACH $0.00 $0.00 Glass, Privacy 1 EACH $0.00 $0.00
Interior floor mats 1 EACH $0.00 $0.00
Traffic Aware Cruise Control 1 EACH $0.00 $0.00
LED fog lamps 1 EACH $0.00 $0.00
Eight surround cameras and 12 ultrasonic 1 EACH $0.00 $0.00 Premium audio –14 speakers, 1
subwoofer, 2 amps, and immersive sound 1 EACH $0.00 $0.00 Back Up Alarm 1 EACH $0.00 $0.00
A/C, High Capacity Front/Rear 1 EACH $0.00 $0.00
Fee- Destination 1 EACH $1,390.00 $1,390.00
Order Fee 1 EACH $250.00 $250.00
$ 47,630.00 $ 47,630.00
Registration 1 EACH $313.00 $313.00
Standard Equipment Features
Subtotal excluding tax

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Electronic Reg / Title Filing Fee 1 EACH $33.00 $33.00
Tire Fee 1 EACH $7.00 $7.00
License Fee 1 EACH $302.00 $302.00
North Carolina Sheriff Association
Contract Fee 1 EACH $357.23 $357.23
Sales Tax 1 EACH $4,882.08 $4,882.08
$ 53,524.30 $ 53,524.30
Ite
m # Description
Quanti
ty
Units of
Measure Unit Price Total Value
2 Accessories EACH
All-Weather Floor liners 1 EACH $225.00 $225.00
Cupholder Tray 1 EACH $35.00 $35.00
Window Shader 1 EACH $105.00 $105.00
$365.00 $365.00
Current Est. Delivery: August - September 2024
Total excluding tax
Total including est. taxes and fees

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

DATE: October 8, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: John Poehler, Director of Public Works
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
24-230, AUTHORIZING THE CITY MANAGER OR HIS

DESIGNEE TO EXECUTE AN AGREEMENT WITH MOBILITY

DEVELOPMENT OPERATIONS, LLC (MOD) TO ALLOW

THEM TO USE SIX DESIGNATED ELECTRIC VEHICLE

CHARGING PARKING SPACES FOR THE OPERATION OF
AN ELECTRIC VEHICLE CAR SHARING PROGRAM.

SUMMARY: Staff seeks City Council approval to execute an agreement with Mobility Development Operations, LLC (MDO) to allow them to use six designated electric car charging parking spaces for the operation of an electric vehicle car sharing program.

RECOMMENDED ACTION: Staff recommends City Council:

1. Adopt Resolution No. 24-230 to execute an Agreement for the use of six electric vehicle charging stations with Mobility Development Operations, LLC: and

2. Authorize the City Manager or designee to execute the agreement.

FISCAL/FINANCIAL IMPACT: There are no immediate financial impacts to the City. The estimated total investment to purchase six electric vehicles is approximately $180,000.

Mobility Development Operations, LLC (MDO) will use grant funds from the California Air Resources Board's Clean Mobility Options (CMO) Voucher Pilot Program to cover the cost of purchasing and maintaining the vehicles. The City will not incur any financial costs for providing the program, as the cost to utilize the service will be covered by car share members.

DISCUSSION: In October 2020, the City of South El Monte (City) endorsed The Energy Coalition's (TEC) application to participate in the California Air Resources Board's Clean Mobility Options (CMO) Voucher Pilot Program. This program aims to enhance access to clean transportation and expand zero-emission mobility choices for disadvantaged and low-income communities. CMO provides funding for mobility projects that increase residents’ access to key destinations by providing various clean transportation options.

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In 2021, TEC received notification that its application had been approved for funding by the California Air Resources Board (CARB). However, due to an unforeseen increase in the cost of insurance, TEC was compelled to postpone the project until additional funding could be secured. In November 2023, TEC successfully secured an additional $500,000 from CARB to meet the required project total of $1,500,000. Alongside TEC, the grant enables the City to collaborate with Active San Gabriel Valley (ActiveSGV) and Mobility Development Operations, LLC, leveraging their expertise to launch an Electric Carshare Program and to install eight public Level-2 chargers.

MDO is requesting the allocation of six (6) designated parking spaces in the Civic Center parking lot, located behind the Community Center, for the exclusive use of its electric car share vehicles. These spaces will be marked and reserved for the program, ensuring adequate access to the car share vehicles for program members. The location was selected based on its proximity to high-demand areas and ease of access for both residents and visitors.

The electric car sharing program will feature Chevrolet Bolt EV and EUV models. The total cost for six vehicles is approximately $180,000, fully funded by a grant from the California Air Resources Board (CARB). Maintenance is included in the CARB-approved budget and will be conducted monthly. Additionally, a local company will be used to check, clean, and charge the vehicles on a weekly basis or as needed. Residents and visitors will be able to rent the vehicles through the SGV Carshare app, which allows users to sign up, reserve vehicles, and manage the entire rental process. The cost to rent includes a one-time application fee of $20, a daily rate of $40 plus tax, and a weekly rate of $220 plus tax. The first 150 miles are free, with an additional charge of $0.40 per mile thereafter.

Benefits of the EV Car Share Program
Sustainability: The introduction of an electric car share program reduces the reliance on single-occupancy vehicles and lowering greenhouse gas emissions.

Equitable Access: This program will provide an affordable transportation option to residents and visitors who may not own personal vehicles, fostering greater mobility equity within the community.

Convenience: The location of the Civic Center parking lot offers strategic access for users, enhancing the overall effectiveness and attractiveness of the program.

Community Engagement: By offering this service, the City demonstrates its commitment to fostering innovation and embracing clean technologies that benefit residents and visitors alike.

The car-sharing concept will reduce the number of vehicles and corresponding carbon emissions in the community. Additionally, it will continue sustainable transportation solutions to residents and visitors providing people with a cost-effective alternative to automobile ownership.

Staff recommends that the City Council authorize the City Manager or their designee to execute an agreement with Mobility Development Operations, LLC (MOD) to use six designated electric vehicle charging parking spaces for the operation of an electric vehicle car sharing program in the rear parking lot of the Community Center, located at 1530 Central Avenue, South El Monte, CA 91733.

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

ATTACHMENT(S):

A. Resolution No. 24-230
B. MDO Agreement for Provision of EV Carsharing Parking Spaces S El Monte

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01257.0006/1020769.1

ATTACHMENT A
RESOLUTION NO. 24-230

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL

AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO

EXECUTE AN AGREEMENT WITH MOBILITY DEVELOPMENT

OPERATIONS, LLC (MDO) TO ALLOW THEM TO USE SIX

DESIGNATED ELECTRIC VEHICLE CHARGING PARKING

SPACES FOR THE OPERATION OF AN ELECTRIC VEHICLE
CAR SHARING PROGRAM.

WHEREAS, in October 2020, the City of South El Monte (“City”) endorsed The Energy Coalition's (“TEC”) application to participate in the California Air Resources Board's Clean Mobility Options (“CMO”) Voucher Pilot Program to cover the expenses associated with the installation of EV charging stations in the City; and
WHEREAS, the estimated total investment for the purchase of six electric vehicles is approximately $180,000. Mobility Development Operations, LLC (MDO) will utilize grant funds received from the California Air Resources Board's Clean Mobility Options (CMO) Voucher Pilot Program to cover the cost of purchasing and maintaining the vehicles, and no local match is required; and
WHEREAS, the City desires to enter into an agreement with MDO to allow them to use six designated electric car charging parking spaces for the operation of an electric vehicle car sharing program during the agreement term; and
WHEREAS, the proposed agreement will provide an affordable transportation option to residents and visitors who may not own personal vehicles, fostering greater mobility equity within the community.

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 and directs the City Manager or his designee to execute an agreement with Mobility Development Operations, LLC to use six designated electric vehicle charging parking spaces for the operation of an electric vehicle car sharing program in the Community Center’s rear parking lot, located at 1530 Central Avenue, South El Monte, CA 91733.

SECTION 3. The Interim City Clerk shall certify to the passage and adoption of this resolution.

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01257.0006/1020769.1
PASSED, APPROVED and ADOPTED this 8th day of October 2024. _____________________________
Gloria Olmos, Mayor
ATTEST:
____________________________
Sabrina Muhne, Interim City Clerk

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF SOUTH EL MONTE )
I, Sabrina Muhne, Interim City Clerk of the City of South El Monte, do hereby certify that the foregoing Resolution, being Resolution No. 24-230, 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 8th day of October 2024, and that said Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________
Sabrina Muhne, Interim City Clerk

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ATTACHMENT B
Agreement between
Mobility Development Operations
and
City of South El Monte
for Provision of EV Carsharing Parking Spaces
This Agreement (the “Agreement”) dated _____________, 2024 between the City of South El Monte with the address of 1415 Santa Anita Avenue, S El Monte, CA 91733 and Mobility Development Operations, LLC (“MDO”), an Illinois Limited Liability Company, with a mailing address at 2650 West Montrose Ave, Suite 113, Chicago Illinois 60618, together known as the “Parties”. City of South El Monte shall be referred to as “City” for the purposes of this Agreement.

Background
This Agreement is entered between the Parties for the purpose of permitting MDO to use six (6) electric car charging stations (with capacity to charge six (6) vehicles for the operation of an electric vehicle car sharing program (the ”Program”).

Period of Performance
The Program shall commence on _______________ __, 2024 and shall continue through __________, 2028. The Agreement shall automatically renew for one-year terms after the initial period. Either of the Parties may rescind and withdraw from the Agreement by notifying the other Party in writing with sixty (60) days’ notice.

City Responsibilities

1. City shall provide six (6) dedicated parking spaces, with access to level 2 EV charging infrastructure to be installed (by a third party) at the City Community Center through the Clean Mobility Options (CMO) Voucher Pilot Program, located at 1530 Central Avenue, South El Monte CA, 91733 (Community Center’s rear parking lot). The six (6) designated parking spaces shall be used solely for parking of and the use of charging stations for up to six (6) of the MDO’s vehicles and for no other purpose except as may be agreed upon by City in writing in its sole and absolute discretion.

2. City shall provide the Program access to the dedicated spaces 24 hours per day, 7 days per week for the purposes of operating a car sharing program as a community benefit.

3. City shall provide a point of contact for MDO in the event of emergency, and for routine program communications.

4. City will allow MDO and outreach partners to post signage, distribute user materials, and conduct outreach events (in coordination with City) in locations approved by City so long as these activities do not interfere with day-to-day City operations. City shall have the right to approve all signage and materials used on its property prior to printing.

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MDO Responsibilities

1. MDO shall seek approval, from City, of signage and design and pay the cost of signage identifying the Program’s dedicated spaces, as designated by City.

2. Notwithstanding anything herein to the contrary, MDO agrees that (a) MDO and its customers’ use of the parking spaces shall comply with all applicable laws, ordinances, orders, rules, regulations and requirements and (b) neither it nor its customers will conduct any activities with respect to the parking spaces which result in the generation, storage or release of any toxic, hazardous or similar substances (as those terms may be defined from time to time in any federal, state or local law, rule or regulation).

3. MDO will be responsible for the purchase/leasing, insurance, cleaning and maintenance of the vehicles.

4. Program membership will be open to City staff who are 21+ years of age (a Program requirement).

MDO will waive all membership application fees and provide a $20 driving credit for all approved City staff.

5. MDO, its employees, customers, agents and guests shall comply with all rules and regulations of the City. Employees of MDO shall not be considered employees of City and shall possess appropriate identification as an employee of MDO while on City property.

6. MDO represents that it is qualified to perform the Program and has obtained all requisite licenses and permits, as may be required, to perform those services.

7. Alterations: MDO may not make any alterations, installations, additions, or improvements in or to the parking spaces or charging stations without the prior written consent of City, which consent may be withheld or conditioned in City’s sole and absolute discretion. No degradation or damage to the parking spaces or charging stations shall be permitted.

Detailed Conditions

LIABILITY
In no event shall City be liable for any damage to or loss of personal property or equipment or personal injury sustained by MDO and/or the MDO’s customers, whether or not it is insured, unless such loss is caused by the gross negligence of City, its employees, officers, directors, or agents. Any property of any kind brought on the parking spaces or charging stations by MDO and/or MDO’s customers shall be at their sole risk and shall be promptly removed at the expiration of this agreement.

INSURANCE
Without limiting MDO’s indemnification of City of South El Monte, and prior to commencement of work, MDO shall obtain, provide, and maintain at its own expense during the term of this Agreement, policies of insurance of the types and amounts described below and in a form that is satisfactory to City of South El Monte.

1. General liability insurance. MDO shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

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2. Automobile liability insurance. MDO 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 MDO arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than $5,000,000 combined single limit for each accident.

3. Umbrella or excess liability insurance. [If required to meet higher limits]. MDO shall obtain and maintain an umbrella liability insurance policy with limits that will provide bodily injury, personal injury, and property damage liability coverage, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:

A. A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason, other than bankruptcy or insolvency of said primary insurer;
B. “Pay on behalf of” wording as opposed to “reimbursement”; C. Concurrency of effective dates with primary policies.

Should MDO obtain and maintain an excess liability policy, such policy shall be excess over commercial general liability, automobile liability, and employer’s liability policies. Such policy or policies shall include wording that the excess liability policy follows the terms and conditions of the underlying policies.

4. Workers’ compensation insurance. MDO shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). MDO shall submit to City of South El Monte, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City of South El Monte, its officers, agents, employees, and volunteers.

5. Cyber Liability Insurance. MDO shall procure and maintain insurance with limits of $1,000,000 per occurrence/loss, $2,000,000 general aggregate, which shall include the following coverage:

A. Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including but not limited to personally identifiable information (PII), protected health information (PHI), security codes, access codes, passwords, etc.

B. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems, including hacker or denial of service attacks.

C. Liability arising from introducing a computer virus into or otherwise causing damage to vendor (first-party) or customer’s (third party) computer, computer system, network, or similarly related property and the data, software, and programs.

D. Liability arising from professional misconduct or lack of the requisite skill required for performing services defined in the contract or agreement.

E. Costs associated with restoring, updating, or replacing data.

F. Costs associated with a privacy breach, including notification costs, customer support, forensics, crises management, public relations consulting, legal services of a privacy attorney, credit monitoring, and identity fraud resolution services for affected individuals.

If coverage is maintained on a claims-made basis, MDO shall maintain such coverage for an additional three (3) years following termination of the contract.

5. Other provisions or requirements
A. Proof of insurance. MDO shall provide certificates of insurance and required endorsements to City of South El Monte as evidence of the insurance coverage required herein. Insurance certificates and endorsements must be approved by City of South El Monte’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on

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01257.0006/1000946.5
file with City of South El Monte for the contract period and any additional length of time required thereafter. City of South El Monte reserves the right to require complete, certified copies of all required insurance policies, at any time.

B. Duration of coverage. MDO shall procure and maintain for the contract period, and any additional length of time required thereafter, insurance against claims for injuries to persons or damages to property, or financial loss which may arise from or in connection with the performance of the Work hereunder by MDO, their agents, representatives, employees, or subconsultants.

C. Primary/non-contributing. Coverage provided by MDO shall be primary and any insurance or self-insurance procured or maintained by City of South El Monte shall not be required to contribute with it.

D. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City of South El Monte before the City of South El Monte’s own insurance or self- insurance shall be called upon to protect it as a named insured.

E. 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 of South El Monte has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by City of South El Monte will be promptly reimbursed by MDO or City of South El Monte will withhold amounts sufficient to pay premium from MDO payments. In the alternative, City of South El Monte may cancel this Agreement.

F. Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or 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 VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City of South El Monte’s Risk Manager.

G. Waiver of subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City of South El Monte, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow MDO or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. MDO hereby waives its own right of recovery against City of South El Monte and shall require similar written express waivers and insurance clauses from each of its subconsultants.

H. Enforcement of contract provisions (non estoppel). MDO acknowledges and agrees that any actual or alleged failure on the part of the City of South El Monte to inform MDO of noncompliance with any requirement imposes no additional obligations on the City of South El Monte nor does it waive any rights hereunder.

I. 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 MDO maintains higher limits than the minimums shown above, the City of South El Monte requires and shall be entitled to coverage for the higher limits maintained by MDO. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of South El Monte.

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01257.0006/1000946.5
J. Notice of cancellation. MDO agrees to oblige its insurance agent or broker and insurers to provide the City of South El Monte 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. If any of MDO’s insurers are unwilling to provide such notice, then MDO shall have the responsibility of notifying the City of South El Monte immediately in the event of MDO’s failure to renew any of the required insurance coverages or insurer’s cancellation or non-renewal.

K. Additional insured status. General liability, automobile liability, and umbrella/excess liability insurance policies shall provide or be endorsed to provide that City of South El Monte and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies.

L. 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 of South El Monte and approved of in writing.

M. Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that MDO’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.

N. Pass through clause. MDO agrees to ensure that its subconsultants, subcontractors, and any other party who is brought onto or involved in the project/service by MDO (hereinafter collectively “subcontractor”), provide the same minimum insurance coverage and endorsements required of MDO. MDO 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. However, in the event MDO’s subcontractor cannot comply with this requirement, which proof must be submitted to the City of South El Monte, MDO shall be required to ensure that its subcontractor provide and maintain insurance coverage and endorsements sufficient to the specific risk of exposure involved with subcontractor’s scope of work and services, with limits less than required of MDO, but in all other terms consistent with MDO’s requirements under this agreement. This provision does not relieve MDO of its contractual obligations under the agreement and/or limit its liability to the amount of insurance coverage provided by its subcontractors. This provision is intended solely to provide MDO with the ability to utilize a subcontractor who may be otherwise qualified to perform the work or services but may not carry the same insurance limits as required of MDO under this agreement given the limited scope of work or services provided by the subcontractor.

MDO agrees that upon request, all agreements with subcontractors, and others engaged in the project, will be submitted to City of South El Monte for review.

O. Right to revise specifications. The City of South El Monte reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving MDO ninety (90) days advance written notice of such change. If such change results in substantial additional cost to MDO, the City of South El Monte and MDO may renegotiate MDO’s compensation.

P. Self-insured retentions. Any self-insured retentions must be declared to and approved by City of South El Monte. City of South El Monte reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible, or require proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention through confirmation from the underwriter.

Q. Timely notice of claims. MDO shall give City of South El Monte prompt and timely notice of claims made or suits instituted that arise out of or result from MDO’s performance under this

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Agreement, and that involve or may involve coverage under any of the required liability policies.

R. Additional insurance. MDO shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.

ELECTRICITY COSTS
Responsibility for electricity costs resulting from charging of electric cars shall be with EVCS, a subcontractor to the CMO Carshare program. Specifics related to electricity costs, revenue share, etc can be found in Site host Agreement executed May 30, 2024. (#8 Utility Charges - “EVCS shall be responsible for all electricity costs associated with both the operation of the Equipment and the charging of electric vehicles from the Equipment.”

INDEMNIFICATION
MDO shall indemnify, defend, and hold harmless the City of South El Monte, and its officers, employees, and agents (“City of South El Monte indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable attorney’s fees and costs of litigation (“claims”), arising out of MDO’s performance of its obligations under this agreement or out of the operations conducted by MDO, including the City of South El Monte’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City of South El Monte. In the event the City of South El Monte indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from MDO’s performance of this agreement MDO shall provide a defense to the City of South El Monte indemnitees or at the City of South El Monte’s option reimburse the City of South El Monte indemnitees their costs of defense, including reasonable attorney’s fees, incurred in defense of such claims.

TERMINATION
Failure to comply with terms of this Agreement. In the event that the City fails to comply with any term in this Agreement, MDO shall provide a written notice requesting that the City address the issue to comply with the Agreement terms. If the City is not in compliance with the Agreement terms within thirty (30) days after delivery of such notice from MDO, MDO reserves the right to repossess the vehicles, and any other equipment or property provided and to terminate this Agreement.

Termination for other reasons. MDO reserves the right to terminate this Agreement upon thirty (30) days’ prior written notice to City for failure to secure a continuation contract from the Energy Coalition or California Air Resources Board for future funding or in the case that site assessments for installation of Stations come in outside of a reasonable budget (at MDO’s discretion), or for any other matter outside of MDO control or which materially adversely affects the ability of MDO to perform this Agreement.

SUCCESSORS AND ASSIGNS
MDO’s rights under this Agreement are for the benefit of MDO only. MDO shall not assign, sublicense, or transfer any of its rights under this Agreement. City may transfer its rights and obligations under this Agreement to a successor owner of the facility.

MISCELLANEOUS
This Agreement contains all the agreements between the Parties with respect to the Program, and may be amended only in writing by an instrument signed by both of the Parties hereto. No provision of this

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Agreement shall be deemed to have been waived by either Party unless such waiver is in writing and is signed by the Party to be charged.

CONTROLLING LAW
This Agreement shall be construed and interpreted in accordance with the laws of the State of California. All disputes shall be resolved in a court of competent jurisdiction situated in the State of California.

NOTICES
Any notice, statement, demand or other communication required to be given, rendered or made by either party to the other, shall be in writing and shall be deemed to have been properly given, rendered or made, if sent by recognized overnight courier or by registered or certified mail, return receipt requested, addressed to the other party at the other party’s address as set forth below and shall be deemed to have been given, rendered or made when received or when delivery is refused.

If to City: Rene Salas, City Manager
1415 Santa Anita Avenue
South El Monte, CA 91733
With a copy to: Anthony R. Taylor
City Attorney for the City of South El Monte
1 Park Plaza, Suite 1000
Irvine, CA 92614
If to MDO: James Delgado, Chief Operating Officer
777 N Pershing Ave, Suite 2B
Stockton CA 95203
Either party may, by notice to the other, designate a different address or addresses for notices, statements, demands or other communications intended for it.

ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties with respect to the Program, and may be amended only upon the mutual, written consent of City and MDO. No provision of this Agreement shall be deemed to have been waived by either party unless such waiver is in writing and is signed by the party to be charged.

AUTHORITY TO ENTER INTO LICENSE AGREEMENT
City and MDO each represent and warrant that they each are duly authorized to enter into this Agreement, and that the person or persons executing this Agreement has or have full authority to do so and to fully bind their respective Parties.

IN WITNESS WHEREOF, The Parties below have caused this Agreement to be effective as of the first date written above:

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Signature:___________________________ Signature:_______________________

Rene Salas
City Manager
City of South El Monte Mobility Development Operations, LLC Date: ____/____/______ Date: ___/___/______
Attested to:
---------------------------------________
Sabrina Muhne. Interim City Clerk
Approved as to form:
-------------------------------------------
Anthony R. Taylor, City Attorney

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

SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS
(SGVCOG) TO IMPLEMENT THE METRO EXPRESSLANES I10 E-BIKE ACCESS PROJECT SUMMARY: The City of South El Monte received a grant through the Metro ExpressLanes Net Toll Revenue Reinvestment Grant Program to enhance the GoSGV E-Bike Share program in the city and other surrounding areas by purchasing additional cargo e-bikes and accessories, providing discounted GoSGV memberships and e-bike rebates to eligible residents, hosting e-bike demonstration events and safety classes, and completing an evaluation of GoSGV. The City will partner with the San Gabriel Valley Council of Governments (SGVCOG) to implement the Metro ExpressLanes I-10 E-Bike Access Project.

RECOMMENDED ACTION: Staff recommends City Council:

1. Adopt Resolution No 24-231, approving the Memorandum of Agreement (MOA) with the San Gabriel Valley Council of Governments (SGVCOG) to implement the Metro ExpressLanes I-10 E-Bike Access Project; and

2. Authorize the City Manager or designee to execute the agreement.

FISCAL/FINANCIAL IMPACT: There is no cost for the City to implement the Metro ExpressLanes I-10 E-Bike Access Project. As part of the City's agreement with the SGVCOG, the SGVCOG will be responsible for implementing all aspects of the project, in partnership with ActiveSGV. The SGVCOG will also complete the grant reporting to minimize the demand on City staff time. For any staff time that is necessary, the City can be reimbursed for up to $45,000 for project administration.

DISCUSSION: The City of South El Monte currently participates in the SGVCOG’s GoSGV E-Bike Share Program. The program provides 840 pedal assist e-bikes, 828

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standard e-bikes and 12 cargo e-bikes, that are available for all residents of the San Gabriel Valley to “check-out” through a monthly subscription. For a monthly rate, GoSGV members can check-out an e-bike for a month at a time and receive a battery-powered pedal assist e-bike, a battery charger, and a high-quality lock. The program is operated by ActiveSGV, a local nonprofit focused on improving active transportation options and livability in the San Gabriel Valley. The idea of the program is to reduce barriers for residents of the San Gabriel Valley to use an e-bike for transportation and by extension, reduce greenhouse gas reductions (GHG) from vehicle miles traveled (VMT) in the region.

While customer payments are intended to support the operation of the Program, ActiveSGV and the SGVCOG have identified several grants that will allow for the expansion of the program. In 2023, Metro released its call for applications for the Metro ExpressLanes Net Toll Revenue Reinvestment Grant Program. The program reinvests net toll revenues to eligible projects located within three miles of the ExpressLanes corridor from which the revenues were generated. Eligible projects included transit uses (e.g., purchase of new buses; station enhancements; fare/operating subsidies; rideshare/vanpool programs), system connectivity/active transportation (e.g., first-last mile projects; complete streets; bike infrastructure; operating subsidy for bike parking, bike share, or car share); and roadway improvements (e.g., demand-management intelligent transportation systems; on/off ramp improvements; graffiti removal). The SGVCOG identified that a proposal to enhance the GoSGV Program along the ExpressLanes corridor would be a strong fit for the grant’s system connectivity/active transportation project type.

Only local jurisdictions are eligible to apply for the ExpressLanes program, so the SGVCOG and ActiveSGV identified a local city partner, the City of South El Monte, where GoSGV first launched to partner on this application. The three agencies developed an application designed to build upon the successes of the existing program and expand Program access and e-bike access for residents in South El Monte and along the I-10 ExpressLanes corridor. The proposed project provides low-cost GoSGV memberships to eligible members, expands residents’ access to e-bikes with the purchase of additional program e-bikes, demonstration and safety events/classes, and e-bike vouchers for those that are looking to purchase a cargo e-bike and allows for the SGVCOG and ActiveSGV to evaluate the VMT and other impacts of the program.

Specifically, the project includes the following elements, with each partner undertaking different elements of the project:
• E-bike equity memberships: Provide up to 200 annual GoSGV memberships to eligible residents in South El Monte and cities along the I-10 ExpressLanes corridor at a cost of $6.26 per month. This task would be completed by ActiveSGV.
• E-bike rebates: Provide rebates of up to $2500 for up to 250 eligible area residents for the purchase of a family or cargo e-bike and associated accessories. This task would be completed by the SGVCOG.
• E-Bike Demonstration Events/Safety Classes: Hold 30 demonstration events/classes across the project area to allow attendees to try-out e-bikes. This task would be completed by ActiveSGV.

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• E-Bike Safety Public Outreach Campaign: Focused campaign to educate/inform the public about safe e-bike purchase and usage, including social media outreach, community booths, presentations. This task would be completed by ActiveSGV. • Purchase of additional cargo e-bikes: Purchase of e-family/cargo bikes for corridor resident sharing and demo events, as well as accessories (e.g. high-quality locks; cargo racks/accessories; GPS tracking devices; repair supplies). This task would be completed by the SGVCOG.
• Printing: Printing flyers, posters, mailers, information sheets for the program. This task would be completed by ActiveSGV.
• Data Collection and VMT Evaluation: Collect data on program participation and ridership and evaluate the Program’s VMT impacts. This task would be completed by an external partner.
• Administration: Submit project invoices and reports as required. This task would be completed by the City of South El Monte and the SGVCOG.

In October 2023, the Metro Board of Directors recommended approval of the application.

After several months of negotiation and discussion with Metro staff, the City of South El Monte received its grant agreement with Metro in March 2024, which it expects to execute in the coming months.

To implement the project in the most administratively efficient way possible, staff is recommending that the City of South El Monte execute an MOA with the SGVCOG to allow for the completion of the tasks listed above. This will keep South El Monte from having to execute and manage two contracts with two entities, considering the SGVCOG has an existing agreement with ActiveSGV to implement the program. The MOA scope of work would include all tasks listed above, including those proposed for completion by ActiveSGV and an external partner.

Staff report prepared by Nancy Rodriguez, Community Services Analyst.

ATTACHMENT(S):

A. Resolution 24-231
B. Memorandum of Agreement (MOA)
C. Executed Metro ExpressLanes Net Toll Revenue Reinvestment Funding Agreement

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ATTACHMENT A
01257.0001/1021159.2
RESOLUTION NO. 24-XXX

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL

APPROVING THE MEMORANDUM OF AGREEMENT
(“MOA”) BETWEEN THE CITY OF SOUTH EL MONTE AND

THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS
(SGVCOG) TO IMPLEMENT THE METRO EXPRESSLANES I10 BIKE ACCESS PROJECT WHEREAS, in 2023, the Los Angeles County Metropolitan Transportation Authority (“Metro”) released its call for applications for the Metro ExpressLanes Net Toll Revenue Reinvestment Grant Program. The program reinvests net toll revenues to eligible projects located within three miles of the ExpressLanes corridor from which the revenues were generated. Eligible projects included transit uses (e.g., purchase of new buses; station enhancements; fare/operating subsidies; rideshare/vanpool programs), system connectivity/active transportation (e.g., first-last mile projects; complete streets; bike infrastructure; operating subsidy for bike parking, bike share, or car share); and roadway improvements (e.g., demand-management intelligent transportation systems; on/off ramp improvements; graffiti removal); and WHEREAS, the City of South El Monte partnered with the San Gabriel Valley Council of Governments (“SGVCOG”) and Active San Gabriel Valley (“ActiveSGV”) to expand the impact and availability of the GoSGV E-Bike Share Regional Program in South El Monte and surrounding communities by applying for the Metro ExpressLanes Net Toll Reinvestment Grant Program; and
WHEREAS, on October 26, 2023, the Board of Directors of Metro awarded the Net Toll Revenue Reinvestment Grant funds to the City of South El Monte; and WHEREAS, to implement the project in the most administratively efficient way possible, the City of South El Monte wishes to enter a MOA with the SGVCOG.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH EL MONTE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:

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

SECTION 2. The City Manager or their designee is authorized to and shall execute the Memorandum of Agreement on behalf of the City in the form approved by the City Attorney.

SECTION 3. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED this 8th day of October, 2024.

_____________________________
Gloria Olmos, Mayor
ATTEST:

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01257.0001/1021159.2 Page 2 of 2
_________________________
Sabrina Muhne, Interim City Clerk

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF SOUTH EL MONTE )
I, Sabrina Muhne, Interim City Clerk of the City of South El Monte, hereby certify that the foregoing Resolution, being Resolution No. 23-116 was duly passed and approved by the City Council of the City of South El Monte at a regular meeting of said Council held on the 8th day of October 2024, and that said Resolution was adopted by the following vote:

AYES: Councilmember(s):

NOES: Councilmember(s):

ABSENT: Councilmember(s):

ABSTAIN: Councilmember(s):
________________________________
Sabrina Muhne, Interim City Clerk

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01257.0001/998709.1

MEMORANDUM OF MOA

BETWEEN THE SAN GABRIEL VALLEY COUNCIL OF

GOVERNMENTS AND THE CITY OF SOUTH EL MONTE FOR

IMPLEMENTATION OF THE EXPRESSLANES PROGRAM
This Memorandum of Agreement (“MOA”) is dated for identification purposes as of October 8, 2024 by and between the City of South El Monte, a municipal corporation (“City”), and the San Gabriel Valley Council of Governments, a California joint powers authority (“SGVCOG”). City and SGVCOG may be referred to herein collectively as the “Parties” or individually as a “Party.”
RECITALS:

A. The SGVCOG re-launched the GoSGV regional e-bike share program in 2022, through which participants can check-out an e-bike or cargo e-bike for their exclusive use by way of a monthly membership (“GoSGV”).

B. The SGVCOG executed a contract with ActiveSGV to operate GoSGV.

C. The City submitted a grant application through the Metro ExpressLanes Net Toll Revenue Reinvestment Grant Program (“Grant”) for the “I-10 E-Bike Access Project” to enhance GoSGV in the City and other surrounding cities by purchasing additional cargo e-bikes and accessories, providing discounted GoSGV memberships and e-bike rebates to eligible residents, hosting e-bike demonstration events and safety classes, and completing an evaluation of GoSGV (the “Project”).

D. The City was awarded $1,725,000 from the Los Angeles County Metropolitan Transportation Authority (“Metro”) to implement the Project and the City and Metro entered into a Funding Agreement dated December 7, 2023 (the “Funding Agreement”), which is attached as Attachment B hereto and incorporated herein by reference.

E. The City seeks to contract with the SGVCOG to implement the Project on its behalf.

F. City and SGVCOG desire to set forth the terms of their ongoing collaboration with respect to this effort in this MOA and further agree as follows:

I. RECITALS
The above Recitals are made a substantive part of this MOA.

II. TERM:

The term of this MOA shall commence on October 8, 2024 and shall continue through the completion of all work completed under this MOA. The term of this MOA may be extended by mutual written consent of the Parties.

III. COMPENSATION:

ATTACHMENT B

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The total amount payable to the SGVCOG under the terms of this MOA shall not exceed One Million Six-Hundred Eighty Thousand Dollars and 00/100 ($1,680,000.00). Forty-Five Thousand Dollars ($45,000) is being retained by the City to reimburse its Project administration costs in accordance with the Funding Agreement.

IV. RESPONSIBILITIES OF THE PARTIES:

A. SGVCOG Responsibilities:

1. Execute agreements with sub-contractors that are in accordance with the Funding Agreement and otherwise comply with all requirements therein for subcontracts.

2. Timely implement the Project in accordance and compliance with the Funding Agreement.

3. Administer all agreements with sub-contractors to implement the Project as set forth in the Scope of Work, which is attached hereto as Attachment C and incorporated herein by reference.

4. Review and otherwise manage all invoicing and payments to be made to a sub-contractor.

5. Manage ongoing coordination with the City and the sub-contractors throughout the implementation of the Project.

6. Prior to any purchase, submit to the City written requests to purchase any equipment necessary to implement the Scope of Work and purchase such equipment only after receipt of City’s written approval.

7. Submit quarterly invoices to the City for eligible Project expenses meeting the requirements for such invoices as set forth in the Funding Agreement on or before July 31st, October 31st, January 31st, and April 30th, of each year of the MOA term. Such invoices shall include the demonstration of the local match and all other expenses incurred by the SGVCOG for the preceding quarter, e.g., the July invoice shall be for the period from April 1 – June 30. Should an invoice exceed $500,000 in a single month, the SGVCOG will submit an invoice to the City within 30 days of any such month, with appropriate documentation for City’s submission to Metro. Eligible Project expenses are set forth in the Funding Agreement and as summarized in Attachment A hereto, which is incorporated herein by reference.

8. Maintain records and cooperate with the City and Metro in conducting any audits to the extent the City is required to do so under the Funding Agreement.

B. City Responsibilities:

1. Oversee and administer the Funding Agreement and take such actions required by the Funding Agreement to be taken by the City for implementation of the Project.

2. Designate a Project Manager with name, title, and contact information who will serve as the City’s representative throughout the Project. If the Project Manager is reassigned or no longer with the City, a new Project Manager will be designated within fourteen (14) calendar days.

3. Promptly respond to all correspondence (phone calls and e-mail

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communications) and participate in check-in calls and/or meetings with the sub-contractors and/or the SGVCOG as necessary.

4. Submit Quarterly Progress/Expenditure Reports to Metro by November 30, February 28, May 31, and August 31 of each year, in accordance with the Funding Agreement and take all additional reasonable steps to ensure payment from Metro in order to reimburse the SGVCOG for its invoiced costs.

5. Within three (3) business days of written requests from the SGVCOG that require Metro review and/or approval, submit such requests to Metro, including but not limited to requests to purchase equipment.

6. Approve within five (5) business days of the SGVCOG’s written request, any necessary deliverables that can be approved by the Project Manager.

7. Pay invoices referenced in III. above within thirty (30) days of receipt of payment from Metro for such invoices. Should City dispute any invoiced amounts submitted by the SGVCOG, it shall provide prompt written notice to the SGVCOG detailing the nature of the dispute.

V. AMENDMENTS:

A. For any change which materially affects the Project Scope of Work, or in any way modifies any term or condition included under this MOA, an amendment to the MOA shall be prepared and executed by the City and by the SGVCOG for such change to be effective.

B. Minor changes to the Project Scope of Work or budget may be approved by the SGVCOG’s Project Manager, who shall in writing and in his or her reasonable discretion determine whether the change is minor. Any increase to the not to exceed amount of this MOA shall require an amendment.

VI. PROJECT MANAGEMENT:

A. Project Managers.

1. For the purposes of this MOA, SGVCOG designates the following individual as its Project Manager: Caitlin Sims, Manager of Local Projects, whose contact information is set forth below.

2. For the purposes of this MOA, the City designates the following individual as its representative: Ariana de La Cruz, Director of Community Services, whose contact information is set forth below.

Ariana de la Cruz
Director of Community Services
1415 Santa Anita Ave.

South El Monte, CA 91733
(626) 579-6540 ext. 3261
[email protected]

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Either Party may change the designations set forth herein upon written notice to the other Party.

VII. DEFAULT; REMEDIES:

A. Default. A “Default” under this MOA is defined as any one or more of the following: (i) failure of either Party to comply with the terms and conditions contained in this MOA; and/or (ii) failure of either Party to perform its obligations set forth herein satisfactorily or make sufficient progress towards completion of the Project .

B. Remedies. In the event of a Default by either Party, the non-defaulting Party will provide a written notice of such Default and thirty (30) days to cure the Default. In the event that the defaulting Party fails to cure the Default, or commit to cure the Default and commence the same within such 30-day period and to the satisfaction of the non-defaulting Party, the non-defaulting Party may terminate this MOA. Such termination shall be effective immediately upon the provision of written notice by the non-defaulting Party to the defaulting Party. The remedies described herein are non-exclusive. In the event of a Default by either Party, the non-defaulting Party shall have the right to seek any and all remedies available at law or in equity.

VIII. INDEMNIFICATION:

A. City agrees to defend, indemnify, and hold free and harmless the SGVCOG, its member agencies, and their respective elected and appointed boards, officials, officers, agents, employees, and volunteers, at City’s sole expense, from and against any and all claims, actions, suits, or other legal proceedings brought against the SGVCOG, its member agencies, and their respective elected and appointed boards, officials, officers, agents, employees, and volunteers arising out of or relating to the acts or omissions of City in connection with this MOA.

B. SGVCOG agrees to defend, indemnify, and hold free and harmless the City, its employees, and volunteers, at SGVCOG’s sole expense, from and against any and all claims, actions, suits, or other legal proceedings brought against the City, its employees, and volunteers arising out of or relating to the acts or omissions of SGVCOG in connection with this MOA.

IX. INSURANCE:

A. City and SGVCOG shall maintain and keep in full force and effect during the term of this MOA insurance or a program of self-insurance against claims for injuries to persons or damages to property which may arise in connection with City’s or SGVCOG’s performance of its obligations hereunder.

X. OTHER TERMS AND CONDITIONS:

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A. Notices. All notices required herein shall be sent by email, except for a notice of termination, default, or failure to cure, which shall be sent by certified mail, postage pre-paid, return receipt requested. Either Party may change its contact upon written notice to the other Party and shall promptly update the other Party in writing of any such changes.

To SGVCOG: Caitlin Sims
Manager of Local Programs
1333 S. Mayflower Ave., Suite 360
Monrovia, CA 91016
(626) 457-1800
[email protected]
With a copy to: Marisa Creter
Executive Director
1333 S. Mayflower Ave., Suite 360
Monrovia, CA 91016
(626) 457-1800
[email protected]
To City: Rene Salas
City Manager
1415 Santa Anita Ave.

South El Monte, CA 91733
(626) 579-6540 ext. 3215
[email protected]
With a copy to: Anthony R. Taylor
City Attorney
1 Park Plaza, Suite 1000
Irvine, CA 92614
B. No Partnership. This MOA is not intended to be, and shall not be construed as, an agreement to form a partnership, agency relationship, or a joint venture between the Parties. Except as otherwise specifically provided in the MOA, neither Party shall be authorized to act as an agent of or otherwise to represent the other Party.

C. Entire MOA. This MOA constitutes the entire understanding between the Parties with respect to the subject matter herein and supersedes any and all other prior writings and oral negotiations. This MOA may be modified only in writing and signed by the Parties in interest at the time of such modification.

D. Governing Law. This MOA shall be governed by and construed under California law and any applicable federal law without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this MOA, the Parties hereto agree that the sole and exclusive venue

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shall be a court of competent jurisdiction located in Los Angeles County, California.

E. Excusable Delays. Neither Party shall be considered in default in the performance of its obligations hereunder to the extent that the performance of any such obligation is prevented or delayed by unforeseen causes including acts of God, floods, earthquakes, fires, acts of a public enemy, pandemic, epidemic, and government acts beyond the control and without fault or negligence of the affected Party. Each Party hereto shall give notice promptly to the other of the nature and extent of any such circumstances claimed to delay, hinder, or prevent performance of any obligations under this MOA.

F. Waiver. Waiver by any Party to this MOA of any term, condition, or covenant of this MOA shall not constitute a waiver of any other term, condition, or covenant. No waiver of any provision of this MOA shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought.

G. Headings. The section headings contained in this MOA are for convenience and identification only and shall not be deemed to limit or define the contents to which they relate.

H. Assignment. Neither Party may assign its interest in this MOA, or any part thereof, without the prior written consent of the other Party. Any assignment without consent shall be void and unenforceable.

I. Severability. If any provision of this MOA is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

J. Authority to Execute. The person executing this MOA on behalf of a Party warrant that they are duly authorized to execute this MOA on behalf of said Party, and that by doing so said Party is formally bound to the provisions of this MOA.

K. Counterparts. This MOA may be executed in multiple counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.

L. Electronic Signatures. This MOA may be executed with electronic signatures in accordance with Government Code Section 16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.

IN WITNESS WHEREOF, the Parties hereto have caused this MOA to be executed

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and to be effective on the date it has been fully executed by the Parties as set forth below.

FOR THE CITY OF SOUTH EL MONTE:

By:___________________________
Rene Salas
City Manager
Date:__________________________
ATTEST:
______________________________
Donna Schwartz
City Clerk
APPROVED AS TO FORM:
_______________________________
Anthony R. Taylor
City Attorney

FOR THE SAN GABRIEL VALLEY
COUNCIL OF GOVERNMENTS:

By: ____________________________
Marisa Creter
Executive Director
Date:___________________________
APPROVED AS TO FORM:
________________________________
David DeBerry
General Counsel

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01257.0001/998709.1

ATTACHMENT A

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ATTACHMENT B: FUNDING AGREEMENT

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ATTACHMENT C - SCOPE OF WORK
TASK 1: PROJECT ADMINISTRATION
Task 1.1 – Project Reporting and Invoicing
The SGVCOG shall complete the Quarterly Progress/Expenditure Report and any additional required reports, in the format approved by L.A. Metro, and submit to the City.

Deliverables:
● Quarterly Progress/Expenditure Reports
TASK 2: GO SGV MEMBERSHIPS & ENGAGEMENT
The purpose of this task is to purchase e-bikes that could be utilized in the Project Area, as defined in Attachment D.

Task 2.1 – E-Bike Purchase
The SGVCOG shall purchase up to 25 cargo e-bikes and associated equipment (e.g. high-quality locks; cargo racks/accessories; tracking devices) to support the project. A portion of these e-bikes will be transported to demonstration events and available for free test rides, and another portion of these e-bikes will be available for check-out in the Project Area through the GoSGV project. The SGVCOG shall ensure that all requirements of Agreement #920000000MX202307 between the City of South El Monte and L.A. Metro are met.

Deliverables
● Procurement Materials & Invoices for Equipment Purchases ● Photos of Purchase E-Bikes
TASK 3: GO SGV MEMBERSHIPS & ENGAGEMENT
The purpose of this task is to promote the GoSGV project and the safe usage of e-bikes and to provide up to 600 annual reduced-price equity memberships to Project Area residents.

Task 3.1 – Demonstration Events and Classes
ActiveSGV, contracted by SGVCOG, will host 30 demonstration events/classes across the Project Area. Demonstration events will include a variety of e-family/cargo bike models for free public test rides. Classes will focus on safe, e-bike/trike usage.

Deliverables
● Photos from 30 demonstration events/classes
Task 3.2 – E-Bike Safety Public Outreach Campaign
ActiveSGV, contracted by SGVCOG, will develop and implement a focused campaign to educate/inform the public about safe e-bike purchase and usage. The campaign will include social media outreach, community booths, and presentations. Topics will include battery standards/UL safety certification, charging best practices, rules of the road, and where e-bikes can be used within the Project Area (e.g., Class I paths).

Deliverables
● Campaign collateral (social media posts; flyers)

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● Printed materials
● Photos of community booths
Task 3.3 – Equity Memberships
ActiveSGV, contracted by SGVCOG, will provide up to 600 annual memberships to eligible residents of South El Monte and the Project Area. The cost for each membership would be $6.26 per month (approximately $75 per year), and residents would also receive drop-off and pick-up of their e-bike at no cost. Residents would be responsible for paying the $75 deposit to check-out the e-bikes.

Deliverables
● Membership Log
TASK 4: E-BIKE REBATES
Task 4.1 – E-Bike Rebates
The SGVCOG shall administer an e-bike rebate program that will provide a point-of-sale rebate of up to $2,500 to 250 eligible Project Area residents for the purchase of an eligible family/cargo e-bike and associated accessories. All e-bikes would be required to be high-quality e-bikes that are UL-certified and include integrated front and rear lights. The SGVCOG would work with local dealers to establish the point-of-sale program. Participants would be required to participate in a study evaluating the vehicle miles traveled (VMT) impact of the Project and commit to keeping the e-bike for 3 years. The SGVCOG will work with ActiveSGV and the City to establish eligibility guidelines and the rebate approach (e.g. graduated incentives based on need) Deliverables
● Rebate Program Guidelines
● Rebate Log
TASK 5: DATA COLLECTION & EVALUATION
Task 5.1 – Data Collection & Evaluation Report
The SGVCOG and ActiveSGV shall work with a qualified entity to evaluate the impacts of the Program, including but not limited to the VMT impacts.

Deliverables:
● Evaluation Approach
● Evaluation Report

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ATTACHMENT D: PROJECT AREA

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ATTACHMENT C

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Nicole Englund For:

Chief of Staff
8/20/2024

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04/02/24

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

DATE: October 8, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Iyob Tessema, Director of Human Resources & Risk Management, Masami Higa, Director of Finance
SUBJECT: ADOPTION OF ORDINANCE NO. 1276, AMENDING
CHAPTER 2.04 OF TITLE 2 OF THE SOUTH EL MONTE

MUNICIPAL CODE REGARDING COMPENSATION OF

MAYOR AND COUNCILMEMBERS
SUMMARY: California Government Code Section 36516(a)(4) provides that cities may increase the salary of councilmembers five percent (5%) for each calendar year from the operative date of the last adjustment. The proposed amendment for the change in salary shall become effective when one or more councilmembers commences a new term on or about December 10, 2024.

RECOMMENDED ACTION: Staff recommends City Council waive second reading and adopt Ordinance No. 1276, regarding the compensation of Councilmembers pursuant to California Government Code section 36516.

FISCAL/FINANCIAL IMPACT: The last adjustment was adopted for calendar year 2022. The current adjustment is for calendar years 2023 and 2024, or two years for a total of 10%, until the next election cycle. Councilmembers currently receive a monthly salary of $1,133. $1,133 increased by 10% is $1,247, or an increase of $114. The fiscal impact is $6,840 calculated as follows:
$114 x 12 months x 5 councilmember = $6,840.

DISCUSSION: California Government Code Section 36516(a)(4) provides that cities may increase the salary of councilmembers five (5) percent for each calendar year from the operative date of the last adjustment. Further, California Government Code Section 36516.5 allows for an increase in compensation for the entirety of the Council "whenever one or more members of the city council becomes eligible for a salary increase by virtue of the council member beginning a new term of office." The new term of office for newly elected council members (after the November election) will begin on December 10, 2024.

In the past few COVID years, inflation has caused the cost of goods and services to rise,

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affecting the lives of all employees, including elected officials.

California Government Code section 35616 explains that an ordinance increasing the salary of councilmembers must occur in open session during at least two (2) council meetings. The first open session considering and discussing this item took place during the City Council meeting on September 24, 2024. Accordingly, staff is bringing this item before City Council for consideration, discussion, and adoption during this second open session.

Please be advised that the last adjustment occurred on September 13, 2022, with the adoption of Ordinance No. 1259.

ATTACHMENT(S):

A. Ordinance No. 1276

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ORDINANCE NO. 1276

AN ORDINANCE OF THE CITY OF SOUTH EL MONTE

REGARDING COMPENSATION OF COUNCILMEMBERS

AND AMENDING THE SOUTH EL MONTE MUNICIPAL
CODE

RECITALS
A. California Government Code Section 36516(a)(4) provides that cities may increase the salary of councilmembers five percent for each calendar year from the operative date of the last adjustment.

B. California Government Code Section 36516.5 allows for an increase in compensation for the entirety of the Council "whenever one or more members of the city council becomes eligible for a salary increase by virtue of the council member beginning a new term of office." The new term of office for newly elected council members (after the November election) will begin on December 10, 2024.

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

SECTION 1: The Council hereby deletes and replaces in its entirety Subsection B of Section 2.04.160 of Chapter 2.04 (City Council) of Title 2 (Administration and Personnel) of the South El Monte Municipal Code relating to councilmember salary to read as follows:
"B. Effective on or about December 10, 2024, the monthly salary for each member of the city council shall be one thousand-two-hundred forty-seven dollars.” SECTION 2: The change in salary shall become effective when one or more councilmembers commences a new term on or about December 10, 2024.

SECTION 3: The Interim City Clerk shall attest and certify to the passage and adoption of the Ordinance.

PASSED, APPROVED AND ADOPTED this 8th day of October 2024. ____________________________
Gloria Olmos, Mayor
ATTEST:
____________________________
Sabrina Muhne, Interim City Clerk
APPROVED AS TO FORM:
________________________________
Anthony R. Taylor, City Attorney

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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF SOUTH EL MONTE )
I, Sabrina Muhne, Interim City Clerk of the City of South El Monte, do hereby certify that the foregoing Ordinance, being Ordinance No. 1276, was duly passed and approved by the City Council of the City of South El Monte at a regular meeting of said Council held on the 8th day of October 2024, by the following vote:

AYES: Councilmember(s):

NOES: Councilmember(s):

ABSENT: Councilmember(s):

ABSTAIN: Councilmember(s):

Sabrina Muhne, Interim City Clerk

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

DATE: October 8, 2024
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Anthony Taylor, City Attorney
SUBJECT: ADOPTION OF ORDINANCE NO. 1277, ADDING CHAPTER

8.22 TO TITLE 8 OF THE SOUTH EL MONTE MUNICIPAL
CODE THEREBY AMENDING THE CITY’S HEALTH AND

SAFETY REGULATIONS IN RELATION TO CAMPING AND

STORAGE OF PERSONAL PROPERTY
SUMMARY: The City Attorney’s Office and City staff are presenting proposed Ordinance No. 1277, “An Ordinance of the South El Monte City Council Adding Chapter 8.22 of Title 8 of the South El Monte Municipal Code Thereby Amending the City’s Health and Safety Regulations in Relation to Camping and Storage of Personal Property (Ordinance No. 1277).”
RECOMMENDED ACTION: Staff recommends City Council:

1. Find that the ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to CEQA Regulation 15061(b)(3); and

2. Based on the analysis provided in the attached ordinance, waive second reading and adopt Ordinance No. 1277
FISCAL/FINANCIAL IMPACT: There is no fiscal impact.

DISCUSSION: The City of South El Monte recognizes the need to protect the public health, safety and welfare against the adverse impacts caused by unlawful camping and storage of personal property on public and private property. These activities can lead to serious health, safety, and accessibility concerns, contribute to conditions of blight, and deteriorate private and public property and City facilities.

The primary purpose of regulating camping and storage of personal property on public and private property is to protect the public health, safety, and welfare against adverse impacts caused by these activities. This ordinance is intended to create standards to ensure that private property, public streets, and public areas within the City are used for

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their intended purposes and are readily accessible and available to City residents and the general public.

ATTACHMENT(S):

A. Ordinance 1277

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ORDINANCE 1277

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

SOUTH EL MONTE, COUNTY OF LOS ANGELES,
CALIFORNIA, ADDING CHAPTER 8.22 TO TITLE 8 OF THE

SOUTH EL MONTE MUNICIPAL CODE REGULATING

CAMPING AND STORAGE OF PERSONAL PROPERTY ON

PRIVATE AND PUBLIC PROPERTY

RECITALS
WHEREAS, pursuant to the police power granted in Article XI, Section 7 of the California Constitution, the City may enact and enforce ordinances that protect the health, safety, and welfare of the community; and
WHEREAS, there is a need to protect the public health, safety and welfare against adverse impacts caused by unlawful camping and storage of personal property on private and public property. These activities can lead to serious health, safety, and accessibility concerns, contribute to conditions of blight, and deteriorate private and public property and City facilities; and WHEREAS, the City recognizes the need to have standards applicable to all using public and private space and for such standards to apply in a manner which balances access with the desire for a clean, orderly, welcoming, and comfortable community where the public peace, health, and safety tend to be preserved; and
WHEREAS, the City considers the needs and abilities of residents in programs, services, and regulations to ensure fair and balanced application and such application does not interfere with the rights of others to use public and private facilities for the purposes for which they were intended, and creates a hazard to the public health and safety through the creation of unsanitary and unsafe conditions; and
WHEREAS, the application of this Ordinance considers the needs for those without means or alternatives and accounts for the programs and services the City and its partners offer to facilitate an overall healthy and safe environment for all; and WHEREAS, the City seeks to adopt measures to regulate camping and storage of personal property on private and public property to preserve the public peace, health and safety of all.

NOW, THEREFORE, the CITY COUNCIL of the CITY OF SOUTH EL MONTE, California, does ordain as follows:

SECTION 1. NEW CHAPTER. A new chapter is hereby added to the South El Monte Municipal Code to read as follows:

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Ordinance 1277 Page 2

CAMPING AND STORAGE OF PERSONAL PROPERTY
Chapter 8.22

CAMPING AND STORAGE OF PERSONAL PROPERTY ON PRIVATE AND PUBLIC

PROPERTY
Sections:
§ 8.22.010 Purpose.
§ 8.22.020 Definitions.
§ 8.22.030 Locations where camping is prohibited.
§ 8.22.040 Applicability to persons without available shelter. § 8.22.050 Prohibition citywide against living in motor vehicles. § 8.22.060 Prohibition against obstructing public property or doorways. § 8.22.070 Unlawful storage of personal property.
§ 8.22.080 Removal of camp facilities and paraphernalia. § 8.22.090 Offer of housing, shelter and services.
§ 8.22.100 Exceptions.

8.22.010 Purpose.

The purpose of this chapter is to protect the public health, safety and welfare against adverse impacts caused by unlawful camping, unlawful storage of personal property, unlawful fires, littering, and loitering on private and public property. These activities can lead to serious health, safety, and accessibility concerns, contribute to conditions of blight, and deteriorate private and public property and City facilities. This chapter is meant to create standards to ensure that private property, public streets and public areas within the City are used for their intended purposes and are readily accessible and available to City residents and the general public.

8.22.020 Definitions.

The following definitions shall apply in this chapter:

A. “Available shelter” means an indoor sleeping space or a space at a permitted camping location where the person in question (i) would be lawfully permitted to sleep overnight, (ii) has the means to relocate to the shelter, and (iii) would not face any barriers to entering the shelter, including, but not limited to, required fees that the person cannot pay or required participation in religious programming to which the person objects.

B. “Camp” or “camping” means residing in or using any property for living accommodation purposes, such as sleeping or making preparations to sleep (including laying down bedding for the purpose of sleeping), setting up or occupying camp facilities, storing personal property, making any fire, regularly cooking meals, or setting up or using any camp paraphernalia. These activities constitute camping when it reasonably appears, in light of all the circumstances, that a person is using the property as a living accommodation with the intent to camp.

C. “Camp facilities” include, but are not limited to, tents, huts, or similar temporary shelters consisting of any material with a top or roof or any other upper covering or that is otherwise enclosed by sides that are of sufficient size for a person to fit underneath or inside while sitting or lying down, including the use of a tarp or other material tied or affixed to a structure or bush to create an enclosed area.

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Ordinance 1277 Page 3

CAMPING AND STORAGE OF PERSONAL PROPERTY
D. “Camp paraphernalia” means but is not limited to tarps, cots, beds, sleeping bags, other bedding, hammocks, or non-city-designated cooking facilities or heating equipment and similar equipment.

E. “County” means Los Angeles County.

F. “Enforcement officer” means a law enforcement officer, a city code enforcement officer, or any other person authorized by the city to enforce this code.

G. “Flood zones” means flood areas as determined by the current Flood Insurance Rate Map (FIRM) published by the Federal Emergency Management Agency (FEMA).

H. “Personal property” means any tangible property and includes, but is not limited to, goods, materials, merchandise, tents, tarps, bedding, blankets, sleeping bags, and personal items such as household items, luggage, backpacks, clothing, food, documents, and medication.

I. “Prohibited public place” means any of following locations:

1. Any portion of public property such as streets, sidewalks, plazas, parks, parking lots, empty lots owned or leased by the City or another public entity and any similar public property;

2. All City-owned or leased buildings and facilities, as well as the entire parcel or parcels on which they are located, including but not limited to:
(a) Civic Center;
(b) City Hall;
(c) Community Center;
(d) Senior Citizen/Community Center;
(e) Recreation Center;
(f) City Yard;

3. City parks and all structures located therein;

4. All County-owned or leased and School District-owned or leased property within the City, including but not limited to the Los Angeles County Public Library and parks, unless camping is authorized on the property by the County or School District;

5. On, under, or within 500 feet of bridges and highway underpasses, with the exception of property that is part of a state highway;

6. Locations on public property with a high fire damage; and

7. Flood zones.

J. “Public property” means any City owned or leased property, County owned or leased property, School District owned or leased property, all public right-of-way, and any other publicly owned, operated, or maintained property in the City, with the exception of state highways.

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K. “Sidewalk” means that portion of a street between the curb line and the adjacent property line, whether hard-surfaced or not, or an easement or right-of-way held by the City across the front of private property, and intended for use of pedestrians.

L. “Street” means and includes all streets, highways, avenues, boulevards, alleys, courts, places, squares or other public ways in the City which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of the State.

M. “Store” means, in light of all of the circumstances, to put aside or accumulate for use when needed, to put for safekeeping, or to place or leave in a location. “Store” does not include keeping one’s personal property next to one’s person while lawfully camping, or while lawfully sitting or standing in a public place.

Section 8.22.030 Locations where camping is prohibited.

A. It is unlawful to camp on any public property in the City, with the exception of

1. City-designated campsites, or

2. with respect to County-owned property, any property on which the County allows camping, or
Section 8.22.040 Prohibition citywide against living in motor vehicles.

A. It shall be unlawful for any person to sleep overnight in, bathe in, cook in, or otherwise use as a place of residence or habitation any parked trailer, camper shell, motor home, or any other vehicle as defined by Vehicle Code Section 670 anywhere in the city.

B. This section does not apply to vehicles that are lawfully parked in an authorized location within the City such as on private property.

Section 8.22.050 Prohibition against obstructing public property or doorways.

A. No person in the City shall obstruct the public right-of-way, including but not limited to streets and sidewalks, or pedestrian and/or vehicle access by sitting, lying, sleeping, storing, using, maintaining, or placing personal property:

1. In a manner that impedes passage required by the Americans with Disabilities Act of 1990, as amended from time to time;

2. Within fifteen (15) feet of any operational or utilizable driveway, or loading dock;

3. Within fifteen (15) feet of any operational or utilizable building entrance or exit;

4. Within fifteen (15) feet of any fire hydrant, fire plug, or other fire department connection; or

5. On or in any prohibited public place.

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CAMPING AND STORAGE OF PERSONAL PROPERTY
B. Any person creating an obstruction in violation of this Section shall move their person or property immediately in a way that removes the obstruction upon the request of an enforcement officer.

C. Any unattended item of personal property that is creating an obstruction in violation of this Section may be immediately moved by an enforcement officer to a nearby location where it will no longer create an obstruction.

Section 8.22.060 Unlawful storage of personal property.

A. It shall be unlawful for any person to store personal property on any public property. Nothing herein shall be construed to allow storage where otherwise prohibited by this code.

B. An enforcement officer may remove personal property stored in violation of subsection (A) as follows:

1. The location of any illegally stored personal property shall be posted with a written notice including the date and the following: "It is illegal to store personal property on public property, such as parks and sidewalks. If this personal property is not removed within 48 hours of the date of this posting, it will be removed by the City."

2. An enforcement officer may remove any personal property unlawfully stored or remaining in a public place after the posting period has expired.

3. Personal property that poses an imminent threat to public health or safety, may result in pollutants entering storm drains or other illegal discharge into water, is contraband, or is evidence of a crime shall not be subject to the above notice requirements and may be removed immediately by an enforcement officer and stored or destroyed, in accordance with the provisions below, or other applicable laws.

C. Notice. In the event that personal property is removed by an enforcement officer, the enforcement officer shall leave a notice in a prominent place at or near the location where the property was located. The notice shall contain the address and phone number of where the property is being stored, the hours during which the property may be retrieved, and the length of time that the property will be stored before being disposed of.

D. Following removal of unlawfully stored personal property, City personnel shall do the following:

1. Maintain a log containing information about the property that will facilitate identification by the owner. Such log may include an inventory of some or all of the property, information about where the property was located, the date the property was taken by the City, and the name of any person who has previously claimed ownership of the property or whose identification was found with the property;

2. Store the property in a manner facilitating identification by City personnel, which reasonably protects such property from damage or theft; and

3. Store the property in an area designated by the City for a period of 90 days.

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CAMPING AND STORAGE OF PERSONAL PROPERTY
E. Personal property may only be retrieved during regular City business hours.

F. Personal property stored by the City, that is claimed within 90 days from removal, shall be released to the person claiming ownership at no charge, provided the person reasonably identifies the property and the approximate location where the property was left, unless there is clear evidence that the property does not belong to such person. Any person retrieving personal property from the City under this chapter shall retrieve all of their personal property at one time. Any items belonging to the person that are left in the custody of the City will be deemed abandoned and may be thrown away or otherwise disposed of.

G. Any property that is not claimed after the 90-day storage period may be disposed of without further notice.

H. Notwithstanding any other provision of this chapter, the City shall not be required to store items that are hazardous, decaying or rotting, or otherwise unsafe to store or transport.

Section 8.22.080 Removal of camp property and paraphernalia.

In the event camp property or camp paraphernalia in violation of this chapter are found by an enforcement officer, a notice shall be provided to the occupants of the camp of the City’s intent to remove the camp property or paraphernalia at least 48 hours in advance of any action. Notice shall be provided in writing and shall be served personally on the occupant(s) of the camp facility present when the enforcement officer attempts to serve notice. In addition, the enforcement officer shall post the notice in a prominent place on or near the property, so as to reasonably communicate the notice to persons living at the camp who are not present during the attempt to serve notice. The notice shall contain the following information:

A. A statement that the camp property and/or paraphernalia are in violation of this chapter.

B. An advisement that the City will remove the camp property and/or paraphernalia 48 hours after the date and time of the notice, or any longer period of time determined by the City.

C. The date and time notice was served and posted.

D. The address and phone number of where any removed personal property will be stored and the hours of when the property can be retrieved.

E. That the camp property and/or paraphernalia will be stored for 90 days and will be discarded thereafter if not claimed.

F. Information about any housing or shelter and unhoused services available for the occupants of the camp and contact information for obtaining the housing, shelter, or other health services.

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Section 8.22.090 Offer of housing, shelter and services.

Prior to taking any enforcement action against any person under this chapter, the enforcement officer shall offer information to such person regarding any available housing or shelter and other health and human services that the enforcement officer reasonably believes are relevant to the person’s individual circumstances. However, failure to offer such information shall not be grounds to invalidate or challenge any enforcement action.

Section 8.22.100 Exceptions.

The provisions of this chapter shall not apply in the event of an emergency, including a Citydeclared emergency or natural disaster, such as a fire or earthquake, nor to any persons participating in City-authorized recreational activities in parks within the City, the Civic Center area, or any other public place or facility, nor to camping in public areas legally established and clearly designated for camping purposes, nor to any employee of the City or any public utility or governmental agency who is required to enter or be in said areas in the course of their employment.

SECTION 2. CEQA DETERMINATION. The City Council hereby finds and determines that it can be seen with certainty that there is no possibility that this ordinance may have a significant adverse effect on the environment. Thus, the adoption of this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines.

SECTION 3. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsection, subdivision, sentence, clause, phrase, or portion thereof be declared invalid or unconstitutional.

SECTION 4. EFFECTIVE DATE AND PUBLICATION. This Ordinance shall take effect 30 days after its final passage. The City Clerk shall certify the adoption of this Ordinance and cause the same to be posted and/or published as required by law.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of South El Monte this 8th day of October 2024 __________________________________
Mayor Gloria Olmos
ATTEST: APPROVED AS TO FORM:
____________________________ ___________________________ Sabrina Muhne, Interim City Clerk Anthony R. Taylor, City Attorney

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CAMPING AND STORAGE OF PERSONAL PROPERTY

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF SOUTH EL MONTE )
I, Sabrina Muhne, Interim City Clerk of the City of South El Monte, do hereby certify that the foregoing Ordinance being Ordinance No. 1277, was duly passed and approved by the South El Monte City Council at a regular meeting of said Council held the 8th day of October 2024, and that said Ordinance was passed by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________
Sabrina Muhne, Interim City Clerk

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

MUNICIPAL CODE REGARDING TOBACCO AND

ELECTRONIC CIGARETTE RETAIL PERMITTING

REGULATIONS
SUMMARY: On September 24, 2024, the City Attorney’s Office and City staff proposed certain amendments to South El Monte Municipal Code (“SEMMC”) Chapter 8.40, Tobacco and Electronic Cigarette Retail Permitting Regulations. Following the City Attorney’s Office and City staff’s presentation, the City Council unanimously approved the first reading of Ordinance No. 1278.

RECOMMENDED ACTION: Staff recommends City Council:

FISCAL/FINANCIAL IMPACT: None.

DISCUSSION: SEMMC Chapter 8.40 currently regulates tobacco and electronic cigarette retailers through a permitting process. This Chapter requires that retailers which sell any amount of tobacco or electronic cigarette to apply to the City for a tobacco and electronic cigarette retail permit. This system allows the City to regulate these retailers, ensure compliance with federal and state law, and enforce violations of local, federal, or

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state laws.

CEQA
The action proposed herein is not a project subject to the California Environmental Quality Act (CEQA) in accordance with Section 21065 of CEQA and State CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), and 15378. Preparing an ordinance regarding tobacco retailing is an administrative action that would not cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Therefore, the proposed action is not a “project” subject to CEQA, as defined in Section 21065 of CEQA and Section 15378 of the State CEQA Guidelines.

Since the action is not a project subject to CEQA, no environmental document is required.

Ordinance No. 1278
Upon its adoption, Ordinance No. 1278 will protect the health, safety, and welfare of the City and its community members—especially minors—by pprohibiting the sale of flavored tobacco and electronic cigarette products, the repackaging of tobacco products, and establishing a radius requirement between a tobacco retailer and youth-oriented areas.

This Ordinance provides that a required minimum package size for tobacco products can be establish by City Council through a resolution. After the second reading of the ordinance, City staff will present a resolution for consideration by the City Council at a future city council meeting establishing specific regulations regarding the minimum cigar and cigarillos pack size..

Under this Ordinance, to the maximum extent permitted by law, all businesses and retailers in the City shall be subject to fines and enforcement as permitted by the municipal code and applicable law for violation of any Federal or State law or regulation as currently enacted, or enacted in the future, by Congress or federal regulators or by the State Legislature or a State agency concerning the sale or use of tobacco products of any kind or type in order to provide for the maximum protection permitted by law to all individuals in South El Monte from the effects of tobacco products and to protect the public health, safety and welfare to the fullest extent permitted by law.

Ordinance No. 1278 was introduced for first reading and unanimously approved by the City Council at its regular meeting on September 24, 2024. This Ordinance is provided at Attachment A to this Staff Report.

ATTACHMENT(S):

A. Ordinance No. 1278
B. South El Monte Municipal Code Chapters 8.40 & 8.42
C. Baldwin Park Municipal Code Chapter 125
D. El Monte Municipal Code Chapter 8.10
E. Pico Rivera Municipal Code Chapter 5.75
F. Los Angeles County Code Chapter 11.35

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i
01257.0011/981167.3
ORDINANCE NO. 1278

AN ORDINANCE OF THE CITY OF SOUTH EL MONTE

AMENDING SOUTH EL MONTE MUNICIPAL CODE
CHAPTER 8.40 (TOBACCO AND ELECTRONIC CIGARETTE

RETAIL PERMITTING REGULATIONS) TO PROHIBIT THE
SALE OF FLAVORED TOBACCO PRODUCTS; PROHIBIT
THE REPACKAGING OF TOBACCO PRODUCTS;
ESTABLISHING A RADIUS REQUIREMENT FOR YOUTHORIENTED AREAS; AND TO ENFORCE FEDERAL AND

STATE REGULATIONS OF ALL TOBACCO PRODUCTS TO

THE FULLEST EXTENT PERMITTED BY LAW
WHEREAS, pursuant to Article XI, Section 7 of the California Constitution, the City of South El Monte (“City”) has the police power to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and WHEREAS, the City regulates tobacco and electronic cigarette retail through South El Monte Municipal Code (“SEMMC”) Chapter 8.40, Tobacco and Electronic Cigarette Retail Permitting Regulations; and
WHEREAS, Chapter 8.40 regulates this industry through a permitting process, allowing the City to ensure compliance with federal and state law; and WHEREAS, the City Council finds that a local licensing system for tobacco retailers is appropriate to ensure that retailers comply with tobacco control laws and business standards of the City Council, to protect the health, safety, and welfare of its residents; and WHEREAS, approximately 480,000 people die in the United States from smokingrelated diseases and exposure to secondhand smoke every year, making tobacco use the nation’s leading cause of preventable death; and
WHEREAS, the World Health Organization (WHO) estimates that tobacco kills 8 million people and causes over 1.4 trillion dollars in economic damage each year;1 and WHEREAS, despite the state’s efforts to limit youth access to tobacco, youth are still able to access tobacco products, as evidenced by the following:

In California, research indicates over 67% of current and former adult smokers started by the age of 18 and almost 100% start by age 26;2
In California, from 2017 to 2018, approximately 13% of high school students reported using tobacco;3
Disparities in tobacco use exist among California high school students, with higher rates found among LGBTQ, American Indian, and Pacific Islander youth;3 Unless smoking rates decline, an estimated 441,000 of all California youth who are alive today will die prematurely from smoking-related diseases;4 In 2017, 22.8% of high school students in California had tried cigarette smoking;5

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Between 2014 and 2018, electronic smoking device use among California youth increased from 14.1% to 46.2%;6 and
WHEREAS, the tobacco industry encourages youth and young adult tobacco initiation through predatory targeting7, as evidenced by the following:

Tobacco companies target young adults ages 18 to 24 to increase their frequency of tobacco use and encourage their transition to habitual users;8 Tobacco industry documents state that if “a man has never smoked by the age of 18, the odds are three-to-one he never will. By age 24, the odds are twenty-to-one”;9 The tobacco industry spends an estimated $496 million annually to market tobacco products to California residents;10 and
WHEREAS, California retailers continue to sell tobacco to underage consumers, evidenced by the following:

9.3% of high school students in California reported buying their own electronic cigarette from a store;5

9.1% of California tobacco retailers unlawfully sold tobacco products to underage persons in 2018; and3
WHEREAS, although federal and state law ban the sale of individual cigarettes,11,12 neither federal nor California state laws restrict the sale of individual little cigars and cigars; and
WHEREAS, many retailers sell little cigars and cigars individually, making them more affordable and appealing to youth.13 Additionally:

78.3% of California tobacco retailers sell a popular brand of youth-friendly cigars for less than $1.00;13
Between 2012 and 2016, annual sales of cigarillos increased by 78% overall and by 155% for “concept-flavored” (e.g., Jazz) cigarillos;14 and WHEREAS, research indicates that the density and proximity of tobacco retailers increase smoking behaviors, including number of cigarettes smoked per day,15 particularly in neighborhoods experiencing poverty;15,16–18 and
WHEREAS, the density of tobacco retailers near adolescents’ homes has been associated with increased youth smoking rates19 and initiation of noncigarette tobacco product use;20 and
WHEREAS, adults who smoke are likely to have a harder time quitting when residential proximity to tobacco retailers is closer21 and density is higher;22–24 and

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WHEREAS, tobacco retailers are more prevalent in underserved communities, especially in neighborhoods with a higher proportion of African American or Hispanic residents;25–30 and
WHEREAS, tobacco retailer density is higher in urban compared to rural areas, except for low income communities, which have higher tobacco retailer densities regardless of geography, and Hispanic communities, which are associated with variable retailer densities across geography;29,31 and
WHEREAS, policies to reduce tobacco retailer density have been shown to be effective32–35 and can reduce or eliminate inequities in the location and distribution of tobacco retailers;32–35 and
WHEREAS, 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; and
WHEREAS, flavored tobacco products have been shown to be “starter” products for youth who begin using tobacco and that these products help establish tobacco habits that can lead to long-term addiction; and
WHEREAS, the Center for Disease Control and Prevention has reported in 2020, 8 in 10 youth who used e-cigarettes reported using a flavored product, which was an increase from about 7 in 10 youth who reported this in 2019; and
WHEREAS, in 2020, the Center for Disease Control and Prevention reported the most commonly used disposable e-cigarettes reported among youth were flavored among current users of flavored disposable e-cigarettes, the most commonly used flavor types were fruit (82.7%), mint (51.9%), candy, desserts, or other sweets (41.7%), and menthol (23.3%); and WHEREAS, according to the Center for Disease Control and Prevention reported youth and young adults are more likely to use flavored tobacco products than adults; and WHEREAS, the potential failure of tobacco retailers to comply with tobacco control laws, particularly laws prohibiting the sale of tobacco products to minors, presents a threat to the public health, safety, and welfare of the residents of the City; and WHEREAS, the City now wishes to revise its regulations of tobacco and electronic cigarette retail to include a prohibition on the sale of flavored tobacco and electronic cigarette products; and
WHEREAS, California Environmental Quality Act (CEQA) in accordance with Section 21065 of CEQA and State CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), and 15378 applies.

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

SECTION 1. The recitals above are true and correct and incorporated herein by reference and the City Council finds that this ordinance is exempt from CEQA under Section 21065 of CEQA and State CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), and 15378.

Preparing an ordinance regarding tobacco retailing is an administrative action that would not cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Therefore, the proposed action is not a “project” subject

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to CEQA, as defined in Section 21065 of CEQA and Section 15378 of the State CEQA Guidelines. Since the action is not a project subject to CEQA, no environmental document is required.

SECTION 2. Section 8.40.010 (Definitions) of Chapter 8.40 (Tobacco and Electronic Cigarette Retail Permitting Regulations) of Title 8 (Health and Safety) of the South El Monte Municipal Code is hereby amended by adding the following new definitions and such Section

8.40.010 shall be reorganized upon the inclusion of such additional definitions to ensure that all definitions therein are set forth in alphabetical order (additions marked in bold, italics):
“"Characterizing flavor” means a taste or aroma, other than the taste or aroma of tobacco, imparted either prior to or during consumption of a tobacco product or any byproduct produced by the tobacco product, including, but not limited to, tastes or aromas relating to menthol, mint, wintergreen, fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, or spice. Characterizing flavor includes flavor in any form, mixed with, or otherwise added to, any tobacco product or nicotine delivery device, including electronic smoking devices.
“Flavored tobacco product" means any tobacco product, as defined in this Chapter 8.40, which imparts a characterizing flavor. There shall be a rebuttable presumption that a tobacco product is a flavored tobacco product if a tobacco manufacturer or any of the manufacturer’s agents or employees has: (i) made a public statement or claim that the tobacco product imparts a characterizing flavor; (ii) used text and/or images on the tobacco product’s labeling or packaging to explicitly or implicitly indicate that the tobacco product imparts a characterizing flavor; or (iii) taken action directed to consumers that would be reasonably expected to cause consumers to believe the tobacco product imparts a characterizing flavor. “Manufacturer” means any person, including any repacker or relabeler, who manufactures, fabricates, assembles, processes, or labels a tobacco or electronic cigarette product; or imports a finished tobacco or electronic cigarette product for sale or distribution into the United States. “Package” or “Packaging” means a pack, box, carton, or container of any kind of, if no other container, any wrapping (including cellophane) in which a tobacco or electronic cigarette product is sold or offered for sale. “Self-service display” means the open display or storage of tobacco products in a manner that is physically accessible in any way to the general public without the assistance of the retailer or employee of the retailer and a direct face-to-face transfer between the purchaser and the retailer or employee of the retailer. A vending machine is a form of self-service display. “Youth-Oriented Area” means a parcel in the city that is occupied by:
(1) a private or public kindergarten, elementary, middle, junior high, or high school;
(2) a library open to the public;
(3) a playground open to the public;

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(4) a youth center, defined as a facility where children, ages 6 to 17, inclusive, come together for programs and activities;
(5) a recreation facility open to the public, defined as an area, place, structure, or other facility that is used either permanently or temporarily for community recreation, even though it may be used for other purposes; (6) a park open to the public or to all the residents of a private community; or
(7) a licensed child-care facility or preschool, other than a smallfamily day care home or a large-family day care home as defined by California Health & Safety Code section 1596.78. ”
SECTION 3. Section 8.40.070 (Requirements and prohibitions on sale of tobacco and electronic cigarette products) of Chapter 8.40 (Tobacco and Electronic Cigarette Retail Permitting Regulations) of Title 8 (Health and Safety) of the South El Monte Municipal Code is hereby amended as follows (deletions marked in strikethrough, additions marked in bold, italics):
“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 vendorassisted sales.

E. Flavored Tobacco Prohibited. No person shall sell or offer for sale, or possess with the intent to sell or offer for any flavored tobacco product or any component, part, or accessory intended to impart or imparting a characterizing flavor in any form, to any tobacco product or nicotine delivery device, including electronic smoking devices. There shall be a rebuttable presumption that a person in possession of four or more flavored tobacco products, including but not limited to individual flavored tobacco products, packages of flavored tobacco products, or any combination thereof, possesses such flavored tobacco products with intent to sell or offer for sale.

F. Repackaging of Products Prohibited. No person shall sell any tobacco or electronic cigarette product unless such product: (1) is sold in the original manufacturer’s packing intended for sale; (2) conforms to all applicable federal and state labeling requirements; and (3) conforms to all applicable child-resistant packaging requirements.

Tobacco products shall not be sold or repackaged individually. A retailer is prohibited from selling any tobacco product to a consumer through an individual tobacco product discount or otherwise provide any such tobacco product discount to a consumer for less than the full price in consideration for the purchase of any tobacco product being sold separately from

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the original packaging from the manufacturer. The required minimum package size for tobacco products can be established by the City Council through a resolution.

G. Proximity to Youth-Oriented Areas. No tobacco and electronic cigarette retail permit may issue, and no existing permit may be renewed, to authorize tobacco and electronic cigarette retailing within 500 feet of a youth-oriented area as measured by a straight line from the nearest point of the property line of the parcel on which the youthoriented area is located to the nearest point of the property line of the parcel on which the applicant’s business is located. To comply with Federal and State laws, the City Council may exclude certain businesses or locations from this section by resolution.

H. Federal and State Regulations. To the maximum extent permitted by law, all businesses and retailers in the City shall be subject to fines and enforcement as permitted by the municipal code and applicable law for violation of any Federal or State law or regulation as currently enacted, or enacted in the future, by Congress or federal regulators or by the State Legislature or a State agency concerning the sale or use of tobacco products of any kind or type in order to provide for the maximum protection permitted by law to all individuals in South El Monte from the effects of tobacco products and to protect the public health, safety and welfare to the fullest extent permitted by law.

SECTION 4. Inconsistent Provisions. Any provision of the South El Monte Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to the extent necessary to implement the provisions of this Ordinance.

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

SECTION 6. The Interim City Clerk shall attest and certify to the passage and adoption of this Ordinance.

PASSED, APPROVED, AND ADOPTED this 8th day of October 2024.

_____________________________
Gloria Olmos, Mayor
ATTEST:
_________________________________
Sabrina Muhne, Interim City Clerk
APPROVED AS TO FORM:
_________________________________
Anthony R. Taylor, City Attorney

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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF SOUTH EL MONTE )
I, Sabrina Muhne, Interim City Clerk of the City of South El Monte, do hereby certify that the foregoing ordinance, being Ordinance No. 1278, was passed and approved by the City Council of the City of South El Monte at an regular meeting of said Council held on the 8th day of October 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

_____________________________
Sabrina Muhne, Interim City Clerk

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REFERENCES
1 World Health Organization. WHO Report on the Global Tobacco Epidemic, 2019: Offer Help to Quit Tobacco Use. 2019. Available at:
https://apps.who.int/iris/handle/10665/326043.
2 California Tobacco Control Program. California Tobacco Facts and Figures 2016. Sacramento, CA: California Department of Public Health. 2016. 3 California Tobacco Control Program. California Tobacco Facts and Figures 2019. Sacramento, CA: California Department of Public Health. 2019. Available at: https://www.cdph.ca.gov/Programs/CCDPHP/DCDIC/CTCB/CDPH%20Docu ment%20Library/ResearchandEvaluation/FactsandFigures/CATobaccoFactsand Figures2019.pdf.
4 U.S. Department of Health and Human Services. The Health Consequences of Smoking: 5 Years of Progress. A Report of the Surgeon General. Atlanta, GA:

U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health. 2014. Available at:
https://www.ncbi.nlm.nih.gov/books/NBK179276/pdf/Bookshelf_NBK179276.pdf. 5 Kann L, McManus T, Harris WA, et al. Youth Risk Behavior Surveillance — United States, 2017. MMWR Surveill Summ. 2018;67(8):1-114 and Supplementary Tables 52-93. doi: 10.15585/mmwr.ss6708a1. 6 Lin C, Baiocchi M, Halpern-Felsher B. Longitudinal trends in e-cigarette devices used by Californian youth, 2014–2018. Addict Behav. 2020;108:106459. doi:

10.1016/j.addbeh.2020.106459.
7 United States v. Philip Morris USA, Inc., 449 F. Supp. 2d 1 (D.D.C. 2006), aff’d in part, vacated in part, 566 F.3d 1095 (D.C. Cir. 2009), and order clarified, 778 F. Supp. 2d 8 (D.D.C. 2011).
8 Ling PM, Glantz SA. Why and How the Tobacco Industry Sells Cigarettes to Young Adults: Evidence From Industry Documents. Am J Public Health. 2002;92(6):908-916. doi: 10.2105/ajph.92.6.908.
9 Burrows, D.S. “Estimated Change in Industry Trend Following Federal Excise Tax Increase.” UCSF Library Truth Tobacco Industry Documents. Date Mod.

Industry, Apr. 17, 2012: https://www.industrydocumentslibrary.ucsf.edu/tobacco/ docs/nnnw0084. Accessed May 12, 2020.
10 Campaign for Tobacco-Free Kids. The Toll of Tobacco in California. https://www.tobaccofreekids.org/problem/toll-us/ california. Accessed May 12, 2020.
11 21 C.F.R. § 1140.16(b).
12 Cal. Penal Code § 308.3(a).
13 Schleicher NC, Johnson T, Rigdon J, et al. California Tobacco Retail Surveillance Study, 2017. Available at:
https://www.cdph.ca.gov/Programs/CCDPHP/DCDIC/CTCB/CDPH%20Document

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14 Gammon DG, Rogers T, Coats EM, et al. National and state patterns of concept-flavoured cigar sales, USA, 2012-2016. Tob Control. 2019;28(4):394- 400. doi: 10.1136/tobaccocontrol-2018-054348.
15 Chuang YC, Cubbin C, Ahn D, Winkleby MA. Effects of neighbourhood socioeconomic status and convenience store concentration on individual level smoking. J Epidemiol Community Health. 2005;59(7):568-573. doi: 10.1136/ jech.2004.029041.
16 Golden SD, K T-M, Kong AY, et al. County-level associations between tobacco retailer density and smoking prevalence in the USA, 2012. Prev Med Rep. 2020; Mar:17:101005. doi: 10.1016/j.pmedr.2019.101005. 17 Leas EC, Schleicher NC, Prochaska JJ, Henriksen L. Place-Based Inequity in Smoking Prevalence in the Largest Cities in the United States. JAMA Intern Med. 2019;179(3):442-444. doi: 10.1001/jamainternmed.2018.5990. 18 Farley SM, Maroko AR, Suglia SF, Thorpe LE. The Influence of Tobacco Retailer Density and Poverty on Tobacco Use in a Densely Populated Urban Environment. Public Health Rep. 2019;134(2):164-171. doi:

10.1177/0033354918824330.
19 Finan LJ, Lipperman-Kreda S, Abadi M, et al. Tobacco Outlet Density and Adolescents’ Cigarette Smoking: A Me ta-Analysis. Tob Control. 2019;28(1):27-

33. doi: 10.1136/tobaccocontrol-2017-054065.
20 Abdel Magid HS, Halpern-Felsher B, Ling PM, et al. Tobacco Retail Density and Initiation of Alternative Tobacco Prod uct Use Among Teens. J Adolesc Health. 2020;66(4):423-430. doi: 10.1016/j.jadohealth.2019.09.004. 21 Reitzel LR, Cromley EK, Li Y, et al. The effect of tobacco outlet density and proximity on smoking cessation. Am J Public Health. 2011;101(2):315-320. doi:

10.2105/AJPH.2010.191676.
22 Cantrell J, Anesetti-Rothermel A, Pearson JL, Xiao H, Vallone D, Kirchner TR.

The impact of the tobacco retail outlet environment on adult cessation and differences by neighborhood poverty. Addiction. 2015;110(1):152-161. doi:

10.1111/ add.12718
23 Vyas P, Tsoh JY, Gildengorin G, et al. Disentangling individual and neighborhood differences in the intention to quit smoking in Asian American male smokers. Prev Med Rep. 2020;18:101064. doi:

10.1016/j.pmedr.2020.101064.
24 Shareck M, Datta GD, Vallee J, Kestens Y, Frohlick KL. Is Smoking Cessation in Young Adults Associated With Tobacco Retailer Availability in Their Activity Space? Nicotine Tob Res. 2020;22(4):512-521. doi: 10.1093/ntr/nty242.

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25 Siahpush M, Jones PR, Singh GK, Timsina LR, Martin J. Association of availability of tobacco products with so cio-economic and racial/ethnic characteristics of neighbourhoods. Public Health. 2010;124(9):525-529. doi:

10.1016/j. puhe.2010.04.010.
26 Lee JG, Sun DL, Schleicher NM, Ribisl KM, Luke DA, Henriksen L.

Inequalities in tobacco outlet density by race, ethnicity and socioeconomic status, 2012, USA: results from the ASPiRE Study. J Epidemiol Community Health. 2017;71(5):487-492. doi: 10.1136/jech-2016-208475. 27 Loomis BR, Kim AE, Goetz JL, Juster HR. Density of tobacco retailers and its association with sociodemographic char acteristics of communities across New York. Public Health. 2013;127(4):333-338. doi: 10.1016/j.puhe.2013.01.013. 28 Yu D, Peterson NA, Sheffer MA, Reid RJ, Schnieder JE. Tobacco outlet density and demographics: analysing the rela tionships with a spatial regression approach. Public Health. 2010;124(7):412-416. doi: 10.1016/j.puhe.2010.03.024. 29 Rodriguez D, Carlos HA, Adachi-Mejia AM, Berke EM, Sargent JD. Predictors of tobacco outlet density nationwide: a geographic analysis. Tob Control. 2013;22(5):349-355. doi: 10.1136/tobaccocontrol-2011-050120. 30 Fakunle DO, Curriero FC, Leaf PJ, Furr-Holden DM, Thorpe RJ. Black, White, or Green? The Effects of Racial Com position and Socioeconomic Status on Neighborhood-Level Tobacco Outlet Density. Ethn Health. 2019;1-16. 31 Rodriguez D, Carlos HA, Adachi-Mejia AM, Berke EM, Sargent J. Retail tobacco exposure: using geographic analysis to identify areas with excessively high retail density. Nicotine Tob Res. 2014;16(2):155-165. doi:

10.1093/ntr/ntt126.
32 Ribisl KM, Luke DA, Bohannon DL, Sorg AA, Moreland-Russell S. Reducing Disparities in Tobacco Retailer Density by Banning Tobacco Product Sales Near Schools. Nicotine Tob Res. 2017;19(2):239-244. doi: 10.1093/ntr/ntw185. 33 HG, Henry KA, Scheeres A, et al. Tobacco Retail Licensing and Density 3 Years After License Regulations in Philadel phia, Pennsylvania (2012-2019). Am J Public Health. 2020;110(4):547-553. doi: 10.2105/AJPH.2019.305512. 34 Myers AE, Hall MG, Isgett LF, Ribisl KM. A comparison of three policy approaches for tobacco retailer reduction. Prev Med. 2015;74:67-73. doi:

10.1016/j.ypmed.2015.01.025.
35 Luke DA, Hammond RA, Combs T, et al. Tobacco Town: Computational Modeling of Policy Options to Reduce Tobacco Retailer Density. Am J Public Health. 2017;107(5):740-746. doi: 10.2105/AJPH.2017.303685.190; Henriksen L, Schle icher NC, Ababseh K, Johnson TO, Fortmann SP. Marijuana as a ‘concept’ flavour for cigar products: availability and price near California schools. Tob Control. 2017. doi: 10.1136/tobaccocontrol-2017-053961.

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§ 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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§ 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
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§ 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.

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§ 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.

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.

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§ 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.

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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.

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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.

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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)
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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.

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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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CHAPTER 125: TOBACCO RETAIL LICENSING
Section
125.010 Definitions
125.020 Requirements and prohibitions
125.030 Limits on eligibility for a tobacco retailer license 125.040 Application procedure
125.050 Issuance of license
125.060 License renewal and expiration
125.070 Licenses nontransferable
125.080 License conveys a limited, conditional privilege 125.090 Fee for license
125.100 Compliance monitoring
125.110 Revocation of license
125.120 Tobacco retailing without a license
125.130 Enforcement
§ 125.010 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ARM’S LENGTH TRANSACTION. A sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for which a significant purpose is avoiding the effect of the violations of this chapter is not an arm’s length transaction.

CHARACTERIZING FLAVOR. A taste or aroma, other than the taste or aroma of tobacco, imparted either prior to or during consumption of a tobacco product or any by-product produced by the cannabis or tobacco product, including, but not limited to, tastes or aromas relating to menthol, mint, wintergreen, fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, cotton candy, herb, bubble gum, spice, or any other flavor that is designed to mask the aroma and flavor of natural cannabis or tobacco or tobacco related products. Characterizing flavor includes flavor in any form, mixed with, or otherwise added to, any tobacco product or nicotine delivery device, including electronic smoking devices.

DEPARTMENT. Community Development Department, and any agency or person designated by the Chief Executive Officer to enforce or administer the provisions of this chapter.

ELECTRONIC SMOKING DEVICE. Any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, or vape pen. ELECTRONIC SMOKING DEVICE includes any component, part, or accessory of the device, and also includes any substance that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine. ELECTRONIC SMOKING DEVICE does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose.

FLAVORED TOBACCO PRODUCT. Any tobacco product, which imparts a characterizing flavor. There shall be a rebuttable presumption that a tobacco product is a flavored tobacco product if a tobacco retailer or any employee or agent of a tobacco retailer has: (i) made a public statement or claim that the tobacco product imparts a characterizing flavor; (ii) used text and/or images on the tobacco retail product’s labeling or retail packaging to explicitly or implicitly indicate that the tobacco product imparts a characterizing flavor; or (iii) taken action directed to consumers that would be reasonably expected to cause consumers to believe the tobacco product imparts a characterizing flavor.

PERSON. Any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.

PROPRIETOR. A person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a 10% 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 share ultimate control over the day-to-day operations of a business.

SELF-SERVICE DISPLAY. The open display or storage of tobacco products or tobacco paraphernalia in a manner that is physically accessible in any way to the general public without the assistance of the retailer or employee of the retailer and a direct person-to-person transfer between the purchaser and the retailer or employee of the retailer. A vending machine is a

ATTACHMENT C

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form of self-service display.

SMOKING. Possessing a lighted tobacco product, lighted tobacco paraphernalia, or any other lighted weed or plant (including a lighted pipe, cigar, hookah pipe, or cigarette of any kind) and means the lighting of a tobacco product, tobacco paraphernalia, or any other weed or plant (including a pipe, cigar, hookah pipe, or cigarette of any kind).

TOBACCO PARAPHERNALIA. Any item designed or marketed for the consumption, use, or preparation of tobacco products.

TOBACCO PRODUCT.
(1) Any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, and snuff; (2) Any electronic smoking device that delivers nicotine and other substances to the person inhaling from the device, including, but not limited to an electronic device, cigarette, electronic cigar, electronic pipe; or (3) Any component, part, or accessory intended or reasonably expected to be used with a tobacco product, whether or not sold separately or any of these contains tobacco or nicotine.

TOBACCO PRODUCT does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose.

TOBACCO RETAILER. Any person who sells from a retail establishment, offers for sale from a retail establishment, or does or offers to exchange for any form of consideration, tobacco, tobacco products, or tobacco paraphernalia from a retail establishment. TOBACCO RETAILING shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco products or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange.

TOBACCO RETAILING. The doing of any of the activities mentioned in the definition of tobacco retailer. This definition is without regard to the quantity of tobacco, tobacco products, or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange.
(Ord. 1321, passed 10-1-08; Am. Ord. 1463, passed 11-3-21; Am. Ord. 1501, passed 4-5-23) § 125.020 REQUIREMENTS AND PROHIBITIONS.
(A) Tobacco retailer license required. It shall be unlawful for any person to act as a tobacco retailer in the city without first obtaining and maintaining a valid tobacco retailer's license pursuant to this chapter for each location at which that activity is to occur. Tobacco retailing without a valid tobacco retailer's license is a nuisance as a matter of law. (B) Lawful business operation. In the course of tobacco retailing or in the operation of the business or maintenance of the location for which a license issued, it shall be a violation of this chapter for a licensee, or any of the licensee's agents or employees, to violate any local, state, or federal law applicable to tobacco products, tobacco paraphernalia, or tobacco retailing.
(C) Display of license. Each tobacco retailer license shall be prominently displayed in a publicly visible location at the licensed location.
(D) Positive identification required. No person engaged in tobacco retailing shall sell or transfer a tobacco product or tobacco paraphernalia to another person who appears to be under the age of 27 years without first examining the identification of the recipient to confirm that the recipient is at least the minimum age under state law to purchase and possess the tobacco product or tobacco paraphernalia.
(E) Minimum age for persons selling tobacco. No person who is younger than the minimum age established by state law for the purchase or possession of tobacco products shall engage in tobacco retailing. (F) Self-service displays prohibited. Tobacco retailing by means of a self-service display is prohibited. (G) False and misleading advertising prohibited. A tobacco retailer or proprietor without a valid tobacco retailer license, including, for example, a person whose license has been revoked:
(1) Shall keep all tobacco products and tobacco paraphernalia out of public view. The public display of tobacco products or tobacco paraphernalia in violation of this provision shall constitute tobacco retailing without a license under § 125.010; and
(2) Shall not display any advertisement relating to tobacco products or tobacco paraphernalia that promotes the sale or distribution of such products from the tobacco retailer’s location or that could lead a reasonable consumer to believe that such products can be obtained at that location.
(H) No tobacco retailer shall sell or offer for sale or possess with the intent to sell or offer for retail sale in the City of Baldwin Park, any flavored tobacco product or any component, part, or accessory intended to impart or imparting a characterizing flavor in any form, to any tobacco product or nicotine delivery device, including electronic smoking devices.

There shall be a rebuttable presumption that a tobacco product is a flavored tobacco product if a tobacco retailer or any employee or agent of a tobacco retailer has:

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(1) Made a public statement or claim that the tobacco product imparts a characterizing flavor; (2) Used text and/or images on the tobacco product’s retail labeling or retail packaging to explicitly or implicitly indicate that the tobacco product imparts a characterizing flavor; or (3) Taken action directed to consumers in the retail business that would be reasonably expected to cause consumers to believe the tobacco product imparts a characterizing flavor. (Ord. 1321, passed 10-1-08; Am. Ord. 1463, passed 11-3-21; Am. Ord. 1501, passed 4-5-23) § 125.030 LIMITS ON ELIGIBILITY FOR A TOBACCO RETAILER LICENSE. (A) No license may be issued to authorize tobacco retailing at other than a fixed location. For example, tobacco retailing by persons on foot or from vehicles is prohibited.
(B) No license may be issued to authorize tobacco retailing at any location that is exclusively zoned for residential uses (R-1, RG or R3 zones).
(C) No license may be issued to authorize tobacco retailing at any location that is licensed under state law to serve alcoholic beverages for consumption on the premises (such as an "on-sale" license issued by the California Department of Alcoholic Beverage Control) and no license may be issued to authorize tobacco retailing at any location offering food for sale for consumption on the premises. For example, and without limitation, tobacco retailing is prohibited in bars and restaurants.

This provision shall take effect on November 1, 2009, which is one year after the effective date of the ordinance adopting this chapter.
(Ord. 1321, passed 10-1-08)
§ 125.040 APPLICATION PROCEDURE.
(A) (1) Application for a tobacco retailer's license shall be submitted in the name of each proprietor proposing to conduct tobacco retailing and shall be signed by each proprietor or an authorized agent thereof. (2) It is the responsibility of each proprietor to be informed regarding all laws applicable to tobacco retailing, including those laws affecting the issuance of a tobacco retailer's license. No proprietor may rely on the issuance of a license as a determination by the city the proprietor has complied with all laws applicable to tobacco retailing. A license issued contrary to this chapter, contrary to any other law, or on the basis of false or misleading information supplied by a proprietor shall be revoked pursuant to § 125.080 of this chapter. Nothing in this chapter shall be construed to vest in any person obtaining and maintaining a tobacco retailer's license any status or right to act as a tobacco retailer in contravention of any provision of law. (3) All applications shall be submitted on a form supplied by the Department and shall contain the following information:
(a) The name, address, and telephone number of each proprietor of the business seeking a license. (b) The business name, address, and telephone number of the single, fixed location for which a license is sought. (c) A single name and mailing address authorized by each proprietor to receive all communications and notices (the "authorized address") required by, authorized by, or convenient to the enforcement of this chapter. If an authorized address is not supplied, each proprietor shall be understood to consent to the provision of notice at the business address specified in division (b) above.
(d) Proof the location for which a tobacco retailer's license is sought has been issued a valid state tobacco retailer's license by the California Board of Equalization.
(e) Whether or not any proprietor or any agent of the proprietor has admitted violating, or has been found to have violated, this chapter and, if so, the dates and locations of all such violations within the previous five years. If person filing the application for a tobacco retailer does not disclose past violations and a license is issued, the license can be revoked as soon as the past violations are discovered pursuant to § 125.110 below. (f) Such other information as the Chief Executive Officer deems necessary for the administration or enforcement of this chapter as specified on the application form required by this section. (B) A licensed tobacco retailer shall inform the Department in writing of any change in the information submitted on an application for a tobacco retailer's license within ten business days after a change. (C) All information specified in an application pursuant to this section shall be subject to disclosure under the California Public Records Act (California Government Code § 6250 et seq.) or any other applicable law, subject to the laws' exemptions.
(Ord. 1321, passed 10-1-08)
§ 125.050 ISSUANCE OF LICENSE.

Upon the receipt of a completed application for a tobacco retailer's license and the license fee required by this chapter, the Department shall issue a license unless substantial evidence demonstrates that one or more of the following bases for denial exist:

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(A) The information presented in the application is inaccurate or false. Intentionally supplying inaccurate or false information shall be a violation of this chapter.
(B) The application seeks authorization for tobacco retailing at a location for which this chapter prohibits issuance of tobacco retailer licenses. However, this subparagraph shall not constitute a basis for denial of a license if the applicant provides the city with documentation demonstrating by clear and convincing evidence the applicant has acquired or is acquiring the location or business in an arm’s length transaction. (C) The application seeks authorization for tobacco retailing for a proprietor to whom this chapter prohibits a license to be issued.
(D) The application seeks authorization for tobacco retailing that is prohibited pursuant to this chapter, that is unlawful pursuant to this code, including, without limitation, the zoning ordinance, building code, and business license tax ordinance, or that is unlawful pursuant to any other law.
(Ord. 1321, passed 10-1-08)
§ 125.060 LICENSE RENEWAL AND EXPIRATION.
(A) Renewal of license. A tobacco retailer's license is invalid if the appropriate fee has not been timely paid in full or if the term of the license has expired. The term of a tobacco retailer license is one year. Each tobacco retailer shall apply for the renewal of his or her tobacco retailer's license and submit the annual license fee no later than 30 days prior to expiration of the term.
(B) Expiration of license. A tobacco retailer's license that is not timely renewed shall expire at the end of its term. To renew a license not timely renewed pursuant to division (A), the proprietor must:
(1) Submit the license fee and application renewal form; and (2) Submit a signed affidavit affirming the proprietor:
(a) Has not sold and will not sell any tobacco product or tobacco paraphernalia after the license expiration date and before the license is renewed; or
(b) Has waited the appropriate ineligibility period established for tobacco retailing without a license, as set forth in § 125.120(A) of this chapter, before seeking renewal of the license. (Ord. 1321, passed 10-1-08)
§ 125.070 LICENSES NONTRANSFERABLE.
(A) A tobacco retailer's license may not be transferred from one person to another or from one location to another. A new tobacco retailer's license is required whenever a tobacco retailing location has a change in proprietor(s). (B) Notwithstanding any other provision of this chapter, prior violations at a location shall continue to be counted against a location and license ineligibility periods shall continue to apply to a location unless:
(1) The location has been fully transferred to a new proprietor or fully transferred to entirely new proprietors; and (2) The new proprietor(s) provide the city with clear and convincing evidence the new proprietor(s) have acquired or is acquiring the location in an arm’s length transaction.
(Ord. 1321, passed 10-1-08)
§ 125.080 LICENSE CONVEYS A LIMITED, CONDITIONAL PRIVILEGE.

Nothing in this chapter shall be construed to grant any person obtaining and maintaining a tobacco retailer's license any status or right other than the limited conditional privilege to act as a tobacco retailer at the location in the city identified on the face of the permit. For example, nothing in this chapter shall be construed to render inapplicable, supercede, or apply in lieu of, any other provision of applicable law, including but not limited to, any provision of this Code, including, without limitation, the zoning ordinance, building codes, and business license tax ordinance, or any condition or limitation on smoking in an enclosed place of employment pursuant to Cal. Lab. Code § 6404.5. For example, obtaining a tobacco retailer license does not make the retailer a "retail or wholesale tobacco shop" for the purposes of Cal. Lab. Code § 6404.5. (Ord. 1321, passed 10-1-08)
§ 125.090 FEE FOR LICENSE.

The fee to issue or to renew a tobacco retailer's license shall be established from time to time by resolution of the City Council. The fee shall be annual and shall be calculated so as to recover the cost of administration and enforcement of this chapter, including, for example, issuing a license, administering the license program, retailer education, retailer inspection and compliance checks, documentation of violations, and prosecution of violators, but shall not exceed the cost of the regulatory program authorized by this chapter. All fees and interest upon proceeds of fees shall be used exclusively to fund the program. Fees are nonrefundable except as may be required by law. (Ord. 1321, passed 10-1-08)

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§ 125.100 COMPLIANCE MONITORING.
(A) Compliance with this chapter shall be monitored by the Department. In addition, any peace officer may enforce the penal provisions of this chapter. The city may designate any number of additional persons to monitor compliance with this chapter.
(B) The Department or other person designated to enforce the provisions of this chapter shall check the compliance of each tobacco retailer at least as often as established by the Chief Executive Officer which could be as often as three times per a 12-month period. The Department may check the compliance of tobacco retailers previously found to be in compliance a fewer number of times so the Department may check the compliance of new licensees and tobacco retailers previously found in violation of the licensing law more frequently. Nothing in this section shall create a right of action in any licensee or other person against the city or its agents.
(C) Compliance checks shall be conducted so as to allow the Department to determine, at a minimum, if the tobacco retailer is conducting business in a manner that complies with laws regulating youth access to tobacco. When the Department deems appropriate, the compliance checks shall determine compliance with other laws applicable to tobacco retailing.
(D) The city shall not enforce any law establishing a minimum age for tobacco 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;
(2) The youth decoy is acting as an agent of a person designated by the city to monitor compliance with this chapter; or (3) 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. (Ord. 1321, passed 10-1-08)
§ 125.110 REVOCATION OF LICENSE.
(A) Revocation of license for violation. In addition to any other penalty authorized by law, a tobacco retailer's license shall be revoked if any court of competent jurisdiction determines, or the Department finds based on a preponderance of the evidence, after the licensee is afforded notice and an opportunity to be heard, the licensee, or any of the licensee's agents or employees, has violated any of the requirements, conditions, or prohibitions of this chapter or has pleaded guilty, "no contest" or its equivalent, or admitted to a violation of any law designated in § 125.020 above. (B) New license after revocation.
(1) After revocation for a first violation of this chapter at a location within any five-year period, no new license may issue for the location until ten days have passed from the date of revocation. (2) After revocation for a second violation of this chapter at a location within any five-year period, no new license may issue for the location until 30 days have passed from the date of last revocation. (3) After revocation for a third violation of this chapter at a location within any five-year period, no new license may issue for the location until 90 days have passed from the date of last revocation. (4) After revocation for four or more violations of this chapter at a location within any five-year period, no new license may be issued for the location until five years have passed from the date of the last revocation. (C) Appeal of revocation. A decision of the Department to revoke a license is appealable to the Chief Executive Officer and must be filed with City Clerk within ten days after mailing of the Department's decision. If such an appeal is made, then it shall stay enforcement of the appealed action. An appeal to the Chief Executive Officer is not available for a revocation made pursuant to division (D) below. The decision by the Chief Executive Officer shall be the final decision of the city. (D) Revocation of license wrongly issued. A tobacco retailer's license shall be revoked if the Department finds, after the licensee is afforded notice and an opportunity to be heard, one or more of the bases for denial of a license under § 125.050 existed at the time application was made or at any time before the license issued. The decision by the Department shall be the final decision of the city. Such a revocation shall be without prejudice to the filing of a new license application. (Ord. 1321, passed 10-1-08)
§ 125.120 TOBACCO RETAILING WITHOUT A LICENSE.
(A) In addition to any other penalty authorized by law, if a court of competent jurisdiction determines, or the Department finds based on a preponderance of evidence, after notice and an opportunity to be heard, any person has engaged in tobacco retailing at a location without a valid tobacco retailer's license, either directly or through the person's agents or employees, then the person shall be ineligible to apply for, or to be issued, a tobacco retailing license as follows:
(1) After a first violation of this section at a location within any five-year period, no new license may be issued for the person or the location (unless ownership of the business at the location has been transferred in an arm’s length

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South El Monte City CouncilOctober 8, 2024

South El Monte City Council
October 8, 2024