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
Adrian Garcia, City Clerk
Masami Higa, Director of Finance
CITY OF SOUTH EL MONTE
REGULAR MEETING OF THE SOUTH EL MONTE CITY COUNCIL
REVISED AGENDA
December 10, 2024, 6:00 PM
LOCATION CHANGE: Senior Center, 1556 Central Avenue, South El Monte, CA 91733
PUBLIC COMMENT
Those wishing to participate during Public Comment may do so in person at the South El Monte City Hall Council Chambers, or may submit written public comments by emailing [email protected]. Emailed public comments are due by 5:00 p.m., and should be limited to no more than 250 words. Written public comments will be provided to the City Council and will be part of the record but will not be read aloud.
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.
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.
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:
Adrian Garcia, MMC, City Clerk
Ph (626) 443-4928
Cell (626) 926-3071
Sabrina A. Muhne, Deputy City Clerk
Ph (626) 652-3121
Cell (626) 374-1998
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
1. ROLL CALL
Councilmembers: Acosta, Angel, Delgado, Mayor Pro Tem Bojorquez, and Mayor Olmos
2. POSTING OF THE COLORS
By Sheriff Explorers
PLEDGE OF ALLEGIANCE
By Emma Ramos, Valle Lindo School District
3. INVOCATION
Pastor Ben Garrett, Faith Dominion Church
4. PRESENTATIONS - None
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.
7.a. CONSIDERATION AND APPROVAL OF RESOLUTION NO. 24-243, APPROVING WARRANTS FOR THE PERIOD OF NOVEMBER 13, 2024, THROUGH DECEMBER 10, 2024
Authorizing payment of City expenditures for the period of November 13, 2024, through December 10, 2024, totaling $2,678,406.81.
RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 24-243, authorizing payment of City expenditures.
Consent Calendar Items 7.b. and 7.c. next page.
CONSENT CALENDAR (CONTINUED)
7.b. CONSIDERATION AND APPROVAL OF RESOLUTION 24-244,
ENTERING INTO A GRANT AGREEMENT WITH THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD)
FOR THE MERCED AVENUE GREENWAY PROJECT (PHASE II)
The Merced Avenue Greenway is currently under construction to enhance the City's ability to clean and capture stormwater, reduce greenhouse gas emissions, and mitigate the urban heat island effect. It will also provide safe active transit connections to local parks, schools, and river access.
The northern end of the project (Phase II, from Rush St. to Fern St.) is currently in the design phase and is expected to go out to bid for construction in July 2025.
RECOMMENDED ACTION: Staff recommends City Council:
Adopt Resolution No. 24-244, entering into the 2023 U.S. HUD Community Project Funding Program Agreement ($3,000,000); and Authorize the City Manager or designee to negotiate and execute the Agreement.
7.c. CONSIDERATION OF APPROVAL OF RESOLUTION NO. 24-245
APPROVING BLANKET AUTHORITY TO FILE APPLICATIONS FOR
MEASURE A FUNDING AND THE MEASURE A ANNUAL
ALLOCATION GRANT AGREEMENT WITH THE LOS ANGELES
COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT
In November 2016, Los Angeles County voters approved Measure A, the Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure. Measure A funds are allocated annually to eligible public agencies, including the City of South El Monte, to support projects that enhance open spaces, recreational facilities, and environmental conservation. The City’s 2024-2025 portion of the annual special tax on property is estimated to be $97,552.36.
RECOMMENDED ACTION: Staff recommends City Council:
Adopt Resolution No. 24-245 to approve Blanket Authority to File Applications for Measure A Funding and the Measure A Annual Allocation Grant Agreement with the Los Angeles County Regional Park and Open Space District (RPOSD) to receive Measure A Program funding; and Authorize the City Manager or designee to negotiate and execute the agreement.
8. PUBLIC HEARINGS - None
General Business next page.
9. GENERAL BUSINESS
9.a. CONSIDERATION OF RESOLUTION NO. 24-246, RECITING THE FACT
OF THE GENERAL MUNICIPAL ELECTION HELD ON TUESDAY,
NOVEMBER 5, 2024 AND DECLARING THE RESULTS OF THAT
ELECTION AND SUCH OTHER MATTERS AS PROVIDED BY LAW
The City’s General Municipal Election was held on November 5, 2024. The votes in the election have been tabulated and canvassed by the Los Angeles County Registrar-Recorder/County Clerk. The canvass has determined that that Gloria Olmos has been re-elected as Mayor, Hector Delgado has been re-elected to the City Council, Larry Rodriguez has been elected to the City Council and Measure SEM has been adopted by the voters. The City Council must now take the final steps to formally declare the results of the election.
RECOMMENDED ACTION: Staff Recommends City Council:
1. Adopt Resolution No. 24-246, A Resolution of the South El Monte City Council reciting the Fact of the General Municipal Election held on Tuesday November 5, 2024 and declaring the results of that election and such other matters as provided by law.
9.b. CONSIDERATION AND ADOPTION OF ORDINANCE NO. 1275, AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SOUTH EL
MONTE, ADDING CHAPTER 3.05 TO TITLE 3 OF THE MUNICIPAL
CODE TO IMPOSE A TRANSACTIONS AND USE TAX TO BE
ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF TAX AND
FEE ADMINISTRATION
At the November 5, 2024 General Municipal Election, the voters adopted Measure SEM, which imposes a 0.25% transaction and use tax. Pursuant to state law, in order for this tax to become effective, the City Council must itself adopt the ordinance that imposes the tax.
RECOMMENDED ACTION: Staff Recommends City Council:
1. Find that the adoption of the ordinance is not a "project" subject to the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section §§21000 et seq.) and CEQA Guideline 15378(b)(4); and
2. Waive second reading and adopt Ordinance No. 1275, Adding Chapter
3.05 to Title 3 of the Municipal Code to impose a Transactions and Use Tax to be administered by the California Department of Tax And Fee Administration.
General Business Item 9.c. next page.
GENERAL BUSINESS (CONTINUED)
9.c. CONSIDERATION OF RESOLUTION NO. 24-247, AUTHORIZING CITY
MANAGER TO EXECUTE AGREEMENTS WITH THE CALIFORNIA
DEPARTMENT OF TAX & FEE ADMINISTRATION (CDTFA) FOR
IMPLEMENTATION OF A LOCAL TRANSACTIONS AND USE TAX
(MEASURE SEM); CONSIDERATION OF RESOLUTION NO. 24-248
AUTHORIZING THE EXAMINATION OF TRANSACTIONS & USE TAX
RECORDS; AND AUTHORIZING THE CITY MANAGER TO EXECUTE &
FILE ADDITIONAL AGREEMENTS, LETTERS AND FORMS WITH THE
CDTFA AND OTHER APPROPRIATE STATE AGENCIES AS
REQUIRED FOR IMPLEMENTATION OF THE LOCAL TRANSACTIONS
& USE TAX (MEASURE SEM) AND TO TAKE SUCH OTHER ACTIONS
NECESSARY TO IMPLEMENT THE LOCAL TRANSACTIONS & USE
TAX (MEASURE SEM)
Measure SEM, the City’s 0.25% transactions and use tax measure, was adopted by the voters at the November 5, 2024 General Municipal Election. The new tax will be administered for the City by the California Department of Tax and Fee Administration. This item recommends that the City Council take the necessary actions to allow the Department of Tax and Fee Administration to administer the tax.
RECOMMENDED ACTION: Staff recommends City Council:
1. Adopt Resolution No. 24-247, authorizing the City Manager to execute agreements with the California Department of Tax and Fee Administration (CDTFA) for the implementation of a local transaction and use tax (Measure SEM);
2. Adopt Resolution No. 24-248, authorizing City representatives and sales tax consultant to examine sales, transactions and use tax records pursuant to Revenue and Taxation Code Section 7056; and
3. Authorize City Manager to complete, execute, file additional agreements, letters, and forms with the CDTFA and other appropriate state agencies as required for the implementation of the City’s local transactions and use tax, and to take such other actions as may be necessary to implement the City’s local transactions and use tax.
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
13. CLOSED SESSION - None
14. PRESENTATION OF PLAQUE AND COMMENTS BY OUTGOING MEMBER
OF THE CITY COUNCIL
15. OATH OF OFFICE ADMINISTERED TO RE-ELECTED AND ELECTED
MEMBERS OF THE CITY COUNCIL
15.a. RE-ELECTED MAYOR - GLORIA OLMOS
Oath of Office to be Administered by Pastor Gary Clouse.
15.b. RE-ELECTED COUNCILMEMBER - HECTOR DELGADO
Oath of office to be Administered by To Be Announced.
15.c. ELECTED COUNCILMEMBER - LARRY RODRIGUEZ
Oath of office to be Administered by Mr. Robert Saldana.
16. PRESENTATIONS BY OUTSIDE ORGANIZATIONS
17. COMMENTS BY RE-ELECTED AND NEWLY ELECTED MEMBERS OF THE
CITY COUNCIL
18. ADJOURNMENT
NEXT REGULAR CITY COUNCIL MEETING:
Tuesday, January 14, 2025, at 6:00 p.m.
CERTIFICATION
I, Adrian Garcia, MMC, City Clerk of the City of South El Monte, or my designee, hereby certify under penalty of perjury that a true, accurate copy of the foregoing agenda was posted on this December 5, 2024, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at the following locations: City of South El Monte City Hall, Senior Center and Community Center and made available at www.cityofsouthelmonte.org.
Adrian Garcia, MMC
City Clerk