Final Minutes Approved 10-22-24
CITY OF SOUTH EL MONTE
REGULAR CITY COUNCIL MEETING MINUTES
Tuesday, October 8, 2024 - 6:00 PM
1415 Santa Anita Avenue, South El Monte, California 91733 Mayor Olmos called the meeting to order at 6:00 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; Guillermo Arreola, Director of Community Development; Ariana De La Cruz, Director of Community Services; 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 — Mayor Gloria Olmos led the Pledge of Allegiance.
3. INVOCATION — Pastor Ben Garrett, Faith Dominion Church offered the invocation.
4. PRESENTATIONS
Agenda Item 4.a. was requested to be moved to the end of Presentations. There being no objection, Agenda Item 4.a. was moved to be heard after 4.c.
4.b. Marc Tavera, Commander — Army, Veterans of Foreign Wars Post 10218, presented a Plaque of Appreciation to the Mayor and City Council for Meritorious and Distinguished Service in Furthering the Aims and Ideals of the Veterans of Foreign Wars of the United States.
4.c. Mayor and City Council presented Certificates of Recognition to Recipients of the 2023 "Good Corporate Citizens" Honored by Los Angeles County Sanitation Districts: Avoda Holding Company, dba Abacus Powder Coating, Bob Martin Company, Hong Kong Denim Design, Inc., International Medication Systems, Ltd. IMS, and Vita King Bean Sprout Item 4.a. was heard at this time.
4.a. Mackenzie Bolger, Sustainability Programs Manager, and Caitlin Sims, Manager of Local Programs, San Gabriel Valley Council of Governments, provided a presentation on the 2024 SGVCOG Update.
5. APPROVAL OF THE AGENDA AND WAIVER OF FULL READING OF
ORDINANCES
Anthony Taylor, City Attorney, conducted the second reading of ordinances on the Consent Calendar, reading the titles of Agenda Item 7.g. Ordinance No. 1276, "Amending Chapter 2.04 of Title 2 of the South El Monte Municipal Code Regarding Compensation of Mayor and Councilmembers," Agenda Item 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," and Agenda Item 7.i., 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 to Prohibit the Sale of Flavored Tobacco Products, Prohibit the Repackaging of Tobacco Products, and Establishing a Radius Requirement for Youth -Oriented Areas, and to Enforce all Federal and State Regulations of all Tobacco Products to the Fullest Extent Permitted by Law," and in light of a new law AB 3218 which passed since the first hearing of this item, additional language from the Los Angeles County Department of Public Health and from USC is being added to the definition of Characterizing Flavor in Section 2 of the ordinance, defining ""Characterizing flavor" means a taste or odor, distinguishable by an ordinary consumer either prior to or during the consumption of a tobacco product, other than the taste or odor of tobacco, including, but not limited to, tastes or odors relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, or spice, or a cooling sensation distinguishable by an ordinary consumer during the consumption of a tobacco product." The language is being provided to the City Clerk to be included in the final version of the ordinance and resolutions will be brought to the council within the next 30 days to address other specific requirements enumerated in the ordinance, such as the minimum pack size of little cigars.
Councilmember Acosta requested to pull Items 7.e. and 7.f. to highlight the projects to the community.
Councilmember Delgado requested to pull Agenda Items 7.d. and 7.e. for discussion.
Motion by Councilmember Acosta, seconded by Councilmember Delgado, to approve the agenda and ordinances 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 Olmos for her birthday.
1. Andrea Carrera, Community Engagement Coordinator, LAC+USC Medical Center Foundation, spoke in support of Agenda Item 7.i.
2. Dr. Julia Ruedas, Senior Program Manager & Policy Analyst, LAC+USC Medical Center Foundation, wished the Mayor Happy Birthday, acknowledged City Council's interest in hearing from the community and Breathe Clean South El Monte Coalition, provided a recap on statistics of and spoke in support of Agenda Item 7.i.
3. Sil Ruiz, Library Manager, South El Monte Library, promoted the "Cover to Cover Club" for children ages 4-12, and thanked everyone who submitted their entries for the Annual Bookmark Contest.
4. Raymond Andry, Ed.D., Superintendent, Mountain View School District, spoke in support of Agenda Item 7.i.
5. The Interim City Clerk read an emailed public comment from Gerson Leon in support of Agenda Item 7.i. 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.
7. CONSENT CALENDAR
Agenda Items 7.d. through 7.f. were heard prior to approval of the Consent Calendar.
7.d. CONSIDERATION AND APPROVAL OF RESOLUTION 24-229,
AUTHORIZING THE PURCHASE OF A TRANSPORTATION VEHICLE
FROM TESLA, INC.
Councilmember Delgado expressed concern on electric vehicle infrastructure, Testa reliability, and expressed support for hybrid vehicles or other cheaper vehicle brands with a larger passenger capacity. Discussion ensued on the topics of: future electric vehicle infrastructure, current electric vehicle fleet inventory, daily use of electric vehicle fleet, retirement and replacement plans of current vehicles, Prop A purchase requirements and fund surplus, the seniors and City mechanic supporting the Model Y after touring multiple vehicles, opportunities for innovation and to expand current infrastructure through grant funding, comparing other vehicle options, lifetime of fleet vehicles, introducing the seniors to other options and their feedback, the State's future EV requirements, Testa battery issues, and support for the purchase since the seniors toured multiple vehicles and preferred the Testa Model Y.
Motion by Councilmember Acosta, seconded by Councilmember Delgado with discussion requesting clarification on current availability of Prop A and shared information on the Caltrans Pilot Study to tax electric vehicles as well as gas vehicles, and to express support of the seniors' decision, to approve Resolution No. 24-229, approving the purchase of a Tesla Model Y from Tesla, Inc., and to authorize the City Manager to negotiate and execute all requisite documents for the purchase.
Substitute Motion by Mayor Pro Tem Bojorquez to continue the item. There being no second, the substitute motion failed.
A vote was taken on the main motion. 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.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
(MDO) TO ALLOW THEM TO USE SIX DESIGNATED ELECTRIC
VEHICLE CHARGING PARKING SPACES FOR THE OPERATION OF
AN ELECTRIC VEHICLE CAR SHARING PROGRAM
Councilmember Acosta expressed support for this program which is designed for individuals to rent electric vehicles and return to the charging spaces.
Councilmember Delgado expressed concern on the weekly cost of the carsharing program, the agreement term length of the car spaces being used indefinitely, use of the charging facilities by anyone with electric vehicles causing wear and tear on City property, and that despite grant funding, the City is losing control over the ability to control renovate, redevelop, or redesign future parking lot projects.
Other discussion topics included: concurring with Councilmember Delgado's concerns on the term length of the six spaces, grant funding requirements and what happens to the program when grant funding expires, similar projects in the past with E -Bikes that went bankrupt during Covid, and further questions on the agreement terms.
Motion by Councilmember Delgado, seconded by Mayor Pro Tem Bojorquez, to continue this item, providing direction to staff to explore agreement options, and for staff to provide further clarification on questions raised on the agreement terms related to outside electric vehicle users and revenue sharing options. 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
CONSENT CALENDAR (CONTINUED)
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 1-10 E -BIKE ACCESS PROJECT
Councilmember Acosta announced that through a grant partnership with the Los Angeles County Metropolitan Transportation Authority, this program allows rebates for individuals who want to buy E -Bikes and expressed support for this program.
Motion by Councilmember Acosta, seconded by Councilmember Delgado, to 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 1-10 E -Bike Access Project, and to authorize the City Manager or designee to execute the agreement. 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
CONSENT CALENDAR (CONTINUED)
Motion by Councilmember Acosta, seconded by Councilmember Delgado, to approve the balance of the Consent Calendar and ordinances 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
7.a. Approved the Minutes for the September 24, 2024, Regular City Council Meeting.
7.b. Approved the Minutes for the September 24, 2024, Special City Council Meeting.
7.c. Authorized payment of City expenditures for the period of September 25, 2024, through October 08, 2024, totaling $1,875,324.41.
7.d. This item was pulled and heard before approval of the Consent Calendar.
Approved Resolution No. 24-229, approving the purchase of a Tesla Model Y from Tesla, Inc., and authorized the City Manager to negotiate and execute all requisite documents for the purchase.
CONSENT CALENDAR (CONTINUED)
7.e. This item was pulled and heard before approval of the Consent Calendar and continued.
7.f. This item was pulled and heard before approval of the Consent Calendar.
Adopted Resolution No 24-231, approving the Memorandum of Agreement (MOA) with the San Gabriel Valley Council of Governments (SGVCOG) to implement the Metro ExpressLanes 1-10 E -Bike Access Project, and to authorize the City Manager or designee to execute the agreement
7.g. Adopted Ordinance No. 1276, Amending Chapter 2.04 of Title 2 of the South El Monte Municipal Code Regarding Compensation of Mayor and Councilmembers pursuant to California Government Code section 36516.
7.h. Adopted 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.
7.i. Adopted 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 to Prohibit the Sale of Flavored Tobacco Products, Prohibit the Repackaging of Tobacco Products, and Establishing a Radius Requirement for Youth -Oriented Areas, and to Enforce all Federal and State Regulations of all Tobacco Products to the Fullest Extent Permitted by Law, with additional language added to Section 2 of the ordinance defining "Characterizing flavor" means a taste or odor, distinguishable by an ordinary consumer either prior to or during the consumption of a tobacco product, other than the taste or odor of tobacco, including, but not limited to, tastes or odors relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, or spice, or a cooling sensation distinguishable by an ordinary consumer during the consumption of a tobacco product.
8. PUBLIC HEARINGS — None
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
Anthony Taylor, City Attorney, presented a report.
Motion by Councilmember Delgado, seconded by Councilmember Angel, to 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; waived further reading, to 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 authorized the City Manager to direct the Planning Division and Planning Commission to review the development standards for non- CAMTC massage establishments and massage practitioners and survey development standards for these types of businesses in other cities. 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. FINANCE WORKSHOP TO SEEK DIRECTION FROM CITY COUNCIL REGARDING TITLE 3 OF THE SOUTH EL MONTE MUNICIPAL CODE
Mayor Olmos introduced Rene Salas, City Manager, who introduced Masami Higa, Director of Finance, who provided a presentation on potential recommendations to modernize outdated ordinances within Title 3 of the Municipal Code. Staff recommendations include no changes to Chapters 3.04 through 3.12, to modernize parts of Chapter 3.16, such as updating the City Manager's approval threshold to a fixed target instead of a CPI -based moving target, to modernize parts of Chapter 3.18 adopting the State's Public Contract Code instead of adoption by ordinance, to repeal Chapters 3.20 through 3.36 because they are no longer legally required in accounting rules or the funds no longer exist, and to make no changes to Chapter 3.40.
Mayor and City Council expressed support in modernizing Title 3 of the South El Monte Municipal Code, asked for clarification on the purchasing policy and the current City Manager's approval threshold, requested a recommendation on the suggested new approval threshold amount, and provided direction to staff to bring back the recommended changes for approval.
No Motion made and no action taken.
10. COMMITTEE REPORTS, INCLUDING AB 1234 REPORTS
Councilmember Acosta announced he attended the following: the South El Monte High School's Modernization Project Ribbon -Cutting Ceremony, the final Summer Night Market, the final Community Bike Ride, and iPASAJE! musical play written by South El Monte High School students, and the San Gabriel Valley Public Affairs Network Mayors and City Councils Reception.
Pate 7 of 8
COMMITTEE REPORTS, INCLUDING AB 1234 REPORTS (CONTINUED) Mayor Pro Tem Bojorquez announced he attended the following: the final Summer Night Market, and the final Community Bike Ride.
Councilmember Delgado announced he attended the following: the South El Monte High School Pink Day Football Game, and Senator Susan Rubio's Women Inspiring the Next Generation of Sisterhood (WINGS) Seminar.
Councilmember Angel announced he attended the following: the iPASAJE! musical play written by South El Monte High School students, the final Summer Night Market, a meeting with the Valle Lindo School District for the New Temple Park Rehabilitation Project. and the San Gabriel Valley Public Affairs Network Mayors and City Councils Reception.
Mayor Olmos announced she attended the following: a meeting with the Valle Lindo School District for the New Temple Park Rehabilitation Project, the Los Angeles County Sanitation District No. 15 Board of Directors Regular Meeting and announced their upcoming San Jose Creek Water Reclamation Plant Tour, the Catalytic Converter Etch & Catch Event, the South El Monte/EI Monte Chamber of Commerce Meeting, the South El Monte High School's Modernization Project Ribbon -Cutting Ceremony, the San Gabriel Valley Public Affairs Network Mayors and City Councils Reception, Senator Susan Rubio's Women Inspiring the Next Generation of Sisterhood (WINGS) Seminar, the Disaster Council Meeting, the Greater El Monte Community Hospital Board Meeting, the San Gabriel Valley Council of Government Transportation Committee Meeting, the Summer Adult Basketball Championship Game, the final Summer Night Market, did a meet -and - greet at the final Community Bike Ride, and the iPASAJE! musical play written by South El Monte High School students.
11. CORRESPONDENCE — None
12. COUNCILMEMBERS' AGENDA — None
13. CLOSED SESSION — None
14. ADJOURNMENT
There being no further business coming before this body, at 7:39 p.m. Mayor Olmos adjourned the meeting in honor of Mr. Dennis Chiappetta, to a Regular City Council Meeting on Tuesday, October 22, 2024, at 6:00 p.m.
Sabrina Muhne, Deputy City Clerk
Gloria Olmos, Mayor