3 5. COMPENSATION
The Firm’s fees will be charged on an hourly basis for all time actually expended. The City agrees to the following hourly rates and annual increases for the provision of all the foregoing legal services:
Personnel Rate
Partners/Of Counsel $ 275
Senior Associates $ 265
Associates $ 255
Paralegals/Law Clerks $ 175
Special Projects $ 325
During the course of the Firm’s representation of the City, the Firm may be asked to provide service on Special Projects, which may include research, preparation of various matters, inclusive of land use and zoning matters, public financing, public contracts and construction, general liability and CEQA litigation, collection of performance bonds, and collection of monies due to the City, and cost-recovery from third-parties benefitting from the City’s legal services, such as developers.
Commencing as of January 1, 2026, and on each January 1st thereafter, the then-effective hourly rates set forth above (hereinafter, the “Approved Rate Schedule”) shall be automatically increased (but not decreased) by a percentage equal to the less of the following: (i) the annual percentage increase in the October Consumer Price Index (“CPI”) for the Los Angeles-Long Beach-Anaheim California Metropolitan Area for the year immediately preceding; or (ii) five percent (5%). The City shall pay sums due on all invoices within thirty (30) days from date of receipt.
6. COSTS AND OTHER CHARGES
The Firm may incur various costs and expenses in rendering the legal services required by this Agreement, which, if customary and necessary for the performance of legal services hereunder, shall be reimbursable by City. Those costs and expenses are described in more detail in Exhibit “A”, attached hereto and incorporated by reference. The City agrees to reimburse the Firm for these costs and expenses in addition to the hourly fees for legal services described above.
Reimbursable costs shall not include any overhead or administrative charge by the Firm or the Firm’s cost of equipment or supplies except as provided herein.
The Firm may determine it necessary or appropriate to use one or more outside investigators, consultants, or experts in rendering the legal services required (particularly if a matter goes into litigation). The City will be responsible for paying such fees and charges. The Firm will not, however, retain the services of any outside investigators, consultants, or experts without the prior agreement of the City. The Firm will select any investigators, consultants, or experts to be hired only after consultation with the City.
4 Extraordinary travel expenses, including transportation, meals, and lodging, when incurred on behalf of City, shall be reimbursed by City only with the prior agreement of City.
7. STATEMENTS AND PAYMENT
The Firm shall render to the City a statement for fees, costs, and expenses incurred on a monthly basis. Such statement(s) shall indicate the basis of the fees, including the hours worked, the hourly rate(s), and a brief description of the work performed. Separate billing categories can be established to track costs associated with City funding categories or to track project costs, or for such other basis as City may direct. Reimbursable costs shall be separately itemized.
Payments shall be made by City within thirty (30) days of receipt of the statement in accordance with the Approved Rate Schedule, except for those specific items on an invoice which are contested or questioned and are returned by City with a written explanation of the question or contest, within thirty (30) days of receipt of the invoice. Payments made more than ninety (90) days after the due date shall draw interest at a rate of ten percent (10%).
8. INDEPENDENT CONTRACTOR
The Firm shall perform all legal services required under this Agreement as an independent contractor of the City, and shall remain, at all times as to the City, a wholly independent contractor with only such obligations as are required under this Agreement. Neither the City, nor any of its employees, shall have any control over the manner, mode, or means by which the Firm, its agents or employees, render the legal services required under this Agreement, except as otherwise set forth. The City shall have no voice in the selection, discharge, supervision or control of the Firm’s employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service.
9. INSURANCE
The Firm shall maintain professional liability insurance during the term of this Agreement and any extensions thereof. The Firm’s current professional liability insurance policy limits are Three Million Dollars ($3,000,000.00) per claim and Three Million Dollars ($3,000,000.00) aggregate.
10. INDEMNIFICATION
The Firm agrees to indemnify, defend and hold harmless the City, its officers, employees and agents, against any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the work, operations or activities of the Firm, its agents, employees, subcontractors, or invitees, provided for herein or arising from the acts or omissions of the Firm hereunder, or arising from the Firm’s performance of or failure to perform any term, provision, covenant or condition of this Agreement, except to the extent such claims or liabilities arise from the negligence or willful misconduct of the City, its officers, agents or employees.
The City agrees to indemnify, defend and hold harmless the Firm, its partners, officers, employees, agents, representatives, consultants, and contractors (collectively, “Indemnitees”)
5 from and against all third party allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation reasonable attorneys’ fees and costs) arising out of, resulting from, or in connection with the services contemplated by this Agreement, except to the extent such claims or liabilities arise from the willful misconduct of Indemnitees.
11. NOTICES
Notices required pursuant to this Agreement shall be given by personal service upon the Party to be notified, or by delivery of same into the custody of the United States Postal Service, or its lawful successor; postage prepaid and addressed as follows:
CLIENT: City of South El Monte
1415 Santa Anita Avenue
South El Monte, CA 91733
Tel: (562) 220-2000
Attention: Rene Salas, City Manager
FIRM: Olivarez Madruga Law Organization, LLP
500 South Grand Avenue – 12th Floor
Los Angeles, CA 90071
Tel: (213) 744-0099
Fax: (213) 744-0093
Attention: Susie Altamirano, Interim City Attorney
Service of a notice by personal service shall be deemed to have been given as of the date of such personal service. Notice given by deposit with the United States Postal Service shall be deemed to have been given two (2) consecutive business days following the deposit of the same in the custody of said Postal Service. Either Party hereto may, from time to time, by written notice to the other, designate a different address or person which shall be substituted for that specified above.
12. NON-DISCRIMINATION
In connection with the execution of this Agreement, the Firm shall not discriminate against any employee or applicant for employment because of race, religion, marital status, color, sex, handicap, sexual persuasion, or national origin. The Firm shall take affirmative action to ensure that applicants are employed, and that employees are treated fairly during their employment, without regard to their race, religion, color, sex, marital status, handicap, sexual persuasion, or national origin. Such actions shall include, but not be limited to, the following: employment, promotion, demotion, transfer, duties assignment; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
6 13. TERM, DISCHARGE AND WITHDRAWAL
This Agreement shall commence on the date it is executed by City, and shall remain in full force and effect until terminated by either Party hereto. City may discharge the Firm at any time.
The Firm and the assigned personnel shall have no right to hearing or notice, and may be discharged with or without notice. The Firm may withdraw from City’s representation at any time, to the extent permitted by law, and the Rules of Professional Conduct, upon at least sixty-days (60) notice to City.
In the event of such discharge or withdrawal, City will pay the Firm’s professional fees and costs, in accordance with this Agreement, for all work done (and costs incurred) through the date of cessation of legal representation. City agrees to execute, upon request, a stipulation in such form as to permit the Firm to withdraw as City’s attorneys of record in any legal action then pending. The Firm shall deliver all documents and records of City to City, or to counsel designated by City, and assist, to the fullest extent possible, in the orderly transition of all pending matters to City’s new counsel.
14. CONFLICTS
The Firm has no present or contemplated employment which is adverse to City. The Firm agrees it shall not represent clients in matters either involving litigation or non-litigation against City. However, the Firm may have past and present clients or may have future clients, which, from time to time, may have interests adverse to City, and the Firm reserves the right to represent such clients in matters not connected with its representation of City.
If a potential conflict of interest arises in the Firm’s representation of two clients, if such conflict is only speculative or minor, then the Firm shall seek waivers from each client with regard to such representation. However, if real conflicts exist, then the Firm would withdraw from representing either client in the matter, and assist them in obtaining outside legal counsel.
15. INTERPRETATION OF AGREEMENT AND FORUM
This Agreement shall be construed and interpreted both as to validity and performance of the Parties in accordance with the laws of the State of California. In the event of any dispute hereunder, forum shall be the Superior Court, Los Angeles County.
16. INTEGRATED AGREEMENT; AMENDMENT
This Agreement contains all of the agreement of the Parties and cannot be amended or modified except by written agreement. No prior oral or written understanding shall be of any force or effect with respect to those matters covered in this Agreement. This Agreement may be amended at any time by the mutual consent of the Parties by an instrument in writing.
17. NO WAIVER
No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing
7 or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the Party making the waiver.
18. AUTHORITY
The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that in so executing this Agreement the Parties hereto are formally bound to the provisions of this Agreement. [SIGNATURES ON NEXT PAGE]
8 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date of execution by City.
Dated: , 2025 CITY OF SOUTH EL MONTE
By:
Rene Salas, City Manager
Dated: , 2025 OLIVAREZ MADRUGA LAW ORGANIZATION, LLP
By:
Rick R. Olivarez, Managing Partner
9 EXHIBIT A
STATEMENT OF BILLING PRACTICES
The Firm’s fees are charged on an hourly basis for all time actually expended and are generally billed monthly with payment due within thirty (30) days after the date of the bill. The current hourly design rate for the attorneys and staff working on this matter will be set forth in the billing statement. It should be understood that hourly rates are reviewed, and when appropriate, adjusted to reflect increases in seniority and experience as well as inflationary factors. These increases are generally made on an annual basis effective at the beginning of each calendar year.
The Firm shall be reimbursed for all out-of-pocket costs and expenses advanced by the Firm. Said costs and expenses shall include, but not be limited to, filing fees, deposition fees, witness fees, on-line legal research (e.g., Westlaw), costs for investigation, service of process fees and other related court costs, mileage, travel fees and costs of accommodations for matters on behalf of City, parking fees, copy fees, facsimile costs and other related travel costs. All such costs shall be submitted to City for approval as part of the monthly billing statement.
Except as established by contract, travel costs, including mileage (current IRS rate), parking, airfare, lodging, meals, and incidentals, are charged in connection with administrative or judicial proceedings, or when traveling outside of Los Angeles County. Travel time may also be charged in connection with such proceedings. In addition, City will be responsible for paying the fees of consultants and other outside experts who are retained after consultation with City.
The monthly billing statements for fees and costs shall indicate the basis of the fees, including a detailed and auditable breakdown of the hours worked, the billable rates charged and description of the work performed. All bills are expected to be paid within thirty (30) days from the date of the billing statement. In the event any statement remains unpaid for more than thirty (30) days after the date of the statement, interest thereon at the rate of ten percent (10%) per annum shall be due and payable thereafter on the unpaid balance.
Registration fees for attorneys attending conferences and seminars are paid by the Firm and are never charged to City (unless expressly requested by City).
City Council Agenda Report
Agenda Item No. 9.g.
DATE: January 14, 2025
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
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
25-004, ADOPTING AN INJURY AND ILLNESS PREVENTION
PROGRAM OR PLAN (“IIPP”)
SUMMARY: California Code of Regulations, Title 8, Chapter 4, Section 3203 of the General Industry Safety Orders & Section 1509 of the Construction Safety Orders require the establishment of an Injury and Illness Prevention Program (“IIPP” or “Plan”).
RECOMMENDED ACTION: Staff recommends City Council consider adopting Resolution No. 25-004, adopting an Injury and Illness Prevention Program or Plan ("IIPP").
FISCAL/FINANCIAL IMPACT: There is no fiscal impact.
DISCUSSION: The maintenance of a safe and healthy work environment is imperative for the successful operation of the City of South El Monte’s (“City”). For this reason, safety requirements are considered fundamental to the design and construction of City facilities and worksites.
The City is committed to safety and the prevention of injury and/or illness in the workplace, and as such, has therefore established this Plan which outlines its efforts, policies and procedures aimed at providing and maintaining a safe and healthful workplace. To achieve our objectives, all City employees will be trained and thereafter expected to comply with all applicable City health and safety policies and practices.
Cal/OSHA requires effective health and safety training for supervisors and employees that allows all City staff to learn their job properly, bring new ideas into the workplace and reinforce existing ideas and practices. Training will occur promptly after the adoption of the proposed IIPP.
ATTACHMENT(S):
A. Resolution No. 25-004
B. Injury and Illness Prevention Program
01257.0004/1031301.1
ATTACHMENT A
RESOLUTION NO. 25-004
A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL
ADOPTING AN INJURY AND ILLNESS PREVENTION
PROGRAM (“IIPP” or “PLAN”) TO COMPLY WITH TITLE 8 OF
THE CALIFORNIA CODE OF REGULATIONS & ARTICLE
1509 OF THE CONSTRUCTION SAFETY ORDER
WHEREAS, the California Code of Regulations, Title 8, Chapter 4, Section 3203 of the General Industry Safety Orders and Section 1509 of the Construction Safety Orders, requires the establishment of an Injury and Illness Prevention Program (“IIPP” or “Plan”); and WHEREAS, on the City had previously created an IIPP to be fully compliant with the California Code of Regulations, Title 8, Chapter 4, Section 3203 of the General Industry Safety Orders and Section 1509 of the Construction Safety Orders; and WHEREAS, the City recognizes and understands that the maintenance of a safe and healthy work environment is imperative for the successful operation of its business; and WHEREAS, the City recognizes and understands that safety requirements are considered fundamental to the design and construction of City facilities and worksites; and WHEREAS, the City is committed to safety and the prevention of injury and/or illness within the workplace; and
WHEREAS, the City will provide training to all employees with the expectation that all employees fully comply with all City policies, practices and procedures aimed at health and safety; and
WHEREAS, the City Council finds that it is in the best interest of the City to adopt a revised IIPP in furtherance of public health, safety and welfare services in the City and general workplace safety for its employees.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH EL MONTE DOES HEREBY FIND, RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The aforementioned recitals are incorporated herein by reference as set forth in full herein.
SECTION 2. The City Council hereby adopts the IIPP attached hereto as Exhibit A, and made part of this Resolution, and that said exhibit is hereby approved and adopted.
SECTION 3. This resolution is exempt from the California Environmental Quality Act (“CEQA”) under Section 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only
01257.0004/1031301.1
applies to projects that have the potential for causing a significant effect on the environment.
Where, as here, it can be seen with certainty that there is no possibility that the activity in question would have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 4. If any section, subsection, sentence, clause, or phrase of this resolution is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this resolution.
The City Council hereby declares that it would have passed this resolution, and each and every section, subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 5. The City Clerk shall certify to the adoption of this Resolution.
SECTION 6. The Resolution shall take effect immediately upon its adoption by City Council.
PASSED, APPROVED AND ADOPTED this 14th day of January 2025. _________________________
Gloria Olmos, Mayor
ATTEST:
___________________________
Adrian Garcia, MMC, City Clerk
01257.0004/1031301.1
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF SOUTH EL MONTE )
I, Adrian Garcia, City Clerk of the City of South El Monte, hereby certify that the foregoing Resolution, being Resolution No. 24-004 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 14th day of January 2025, and that said Resolution was adopted by the following vote:
AYES: Councilmember(s):
NOES: Councilmember(s):
ABSENT: Councilmember(s):
ABSTAIN: Councilmember(s):
Adrian Garcia, MMC, City Clerk
01257.0004/1031301.
1
01257.0004/1033720.1
CITY OF SOUTH EL MONTE
INJURY AND ILLNESS PREVENTION PROGRAM
ATTACHMENT B
01257.0004/1033720.1 i
TABLE OF CONTENTS
Page
Introduction ......................................................................................................................................2 Responsibility ..................................................................................................................................2 Compliance ......................................................................................................................................2 Communication ................................................................................................................................3 Hazard Assessment ..........................................................................................................................3 Accident/Exposure Investigations ...................................................................................................4 Hazard Correction ............................................................................................................................4 Training and Instruction ...................................................................................................................4 Recordkeeping .................................................................................................................................6
01257.0004/1033720.1
Introduction
The City of South El Monte (“City”) has established this Injury and Illness Prevention Program (“IIPP” or “Plan”) in accordance with California Code of Regulations, Title 8, Chapter 4, Section 3203 of the General Industry Safety Orders and Section 1509 of the Construction Safety Orders.
This document encompasses the City’s IIPP.
The maintenance of a safe and healthy work environment is imperative for the successful operation of the City’s business. For this reason, safety requirements are considered fundamental to the design and construction of City facilities and worksites. To achieve our objectives, all City employees are trained and are expected to comply with all applicable health and safety policies and practices.
Responsibility
The HR Director or designee has the authority and the responsibility for implementing and maintaining this Plan on behalf of the City. Managers and supervisors are responsible for implementing and maintaining the Plan within their designated work areas and for answering employee questions about the Plan. Copies of this Plan will be readily available for employees upon request to a Department Head.
Compliance
All employees, including managers and supervisors, are responsible for complying with safe and healthful work practices including, but not limited to, adhering to all City implemented directives, policies and procedures aimed at maintaining a safe work environment. To reinforce compliance with the City’s health and safety practices, the City shall:
• Inform all employees, including temporary workers, of the provisions of its Plan and supporting policies and procedures.
• Evaluate the safety performance of all workers.
• Recognize employees verbally and on written performance evaluations who perform safe and healthful work practices.
• Provide training to employees whose safety performance is deficient. • Discipline employees for failure to comply with safe and healthful work practices and/or for failure to comply with City policies, procedures and guidelines.
Employees who observe or are aware of unsafe behavior and conduct within the workplace are expected to report the observed behavior to their supervisor, manager or anonymously by using a Hazard Report form, Attached herein as Attachment A.
01257.0004/1033720.1
Communication
Management, including the HR Director, will ensure that Occupational Safety and Health Administration (“OSHA”) compliance training is provided to all employees in a format readily understandable to its employees. The City’s communication system encourages all employees to inform their managers and/or supervisors about workplace hazards without fear of reprisal. The City has a strict no-retaliation policy and instances of retaliation are to be promptly reported to a member of the City’s Human Resources Department.
The City’s communication system includes the following:
• New employee orientation including, but not limited to, a discussion of safety and health policies and procedures.
• Review of the IIPP.
• Regularly scheduled safety meetings.
• Quarterly scheduled staff meetings.
• Posted or distributed safety information.
• A system for employees to anonymously inform management about workplace hazards. • Job performance feedback.
• Training programs.
Hazard Assessment
The HR Director or designee will conduct periodic inspections to identify and evaluate workplace hazards.
Periodic inspections are performed according to the following schedule:
• When the IIPP is first established.
• When the IIPP is substantively revised.
• When new substances, processes, procedures or equipment which present potential new hazards are introduced into the workplace.
• When new, previously unidentified hazards are recognized. • When occupational injuries and illnesses occur.
• Whenever workplace conditions warrant an inspection.
01257.0004/1033720.1
Accident/Exposure Investigations
The HR Director or designee is responsible for investigating workplace accidents and hazardous substance exposures. Employees shall promptly report all incidents, accidents and near misses to their supervisor.
Procedures for investigating workplace accidents and hazardous substance exposures include the following:
• Visiting the accident or exposure scene as soon as safe and practicable. • Interviewing injured workers and witnesses, including local law enforcement and security personnel as appropriate.
• Examining the workplace for factors associated with the accident/exposure. • Wherever practicable, determining the cause of the accident/exposure. • Taking corrective action to prevent the accident/exposure from reoccurring. • Recording the findings and corrective actions taken on the appropriate forms.
Hazard Correction
Unsafe or unhealthy work conditions, practices or procedures shall be corrected in a timely manner based upon the severity of the hazards. All corrective actions taken and the dates in which the action is completed shall be documented. Hazards shall be corrected according to the following procedures:
• When observed and or discovered.
• When an imminent hazard exists which cannot be immediately abated without endangering employee(s) and/or property, the City will remove all exposed workers from the area except those necessary to correct the existing condition. Workers who are required to correct the hazardous condition shall be provided with the necessary protection, e.g., personal protective equipment (“PPE”) and training.
Training and Instruction
All employees, including managers and supervisors, shall be provided training and instruction on general and job-specific safety and health practices. Training and instruction is provided:
• When the IIPP is first established and when substantive changes are made. • To all new workers, except for construction workers who are provided training through a construction industry occupational safety and health training program approved by Cal/OSHA.
01257.0004/1033720.1
• To all workers given new job assignments for which training was not previously provided.
• Whenever new substances, processes, procedures or equipment are introduced to the workplace and present a new hazard.
• Whenever the City is made aware of a new or previously unrecognized hazard. • To supervisors to familiarize them with the safety and health hazards to which workers under their immediate direction and control may be exposed. • To all workers with respect to hazards specific to each employee's job assignment.
The City’s general workplace safety and health practices include, but are not limited to, the following:
• Implementation and maintenance of the IIPP and general measures for reporting unsafe conditions, work practices and injuries or illnesses.
• Emergency action and fire prevention plans.
• Provisions for medical services and first aid including, but not limited to, emergency procedures.
• Prevention of musculoskeletal disorders, including, but not limited to, proper lifting techniques.
• Proper housekeeping, such as keeping stairways and aisles clear, work areas neat and orderly and promptly cleaning up spills.
• Prohibiting horseplay, scuffling, or other acts that tend to adversely influence safety. • Proper storage to prevent stacking goods in an unstable manner and storing goods against doors, exits, fire extinguishing equipment and/or electrical panels. • Proper reporting of hazards and accidents to supervisors. • Hazard communication, including worker awareness of potential chemical hazards, and proper labeling of containers.
• Proper storage and handling of toxic and hazardous substances including prohibiting eating or storing food and beverages in areas where they can become contaminated. • Use of appropriate clothing, including, but not limited to, gloves, footwear and PPE. • City’s Workplace Violence Prevention Plan (“WVPP”) and AB 1234 Ethics Code of Compliance.
01257.0004/1033720.1
Recordkeeping
The City has taken the following steps to implement and maintain its IIPP:
We are a local governmental entity (county, city, district, or and any public or quasi-public corporation or public agency) and we are not required to keep written records of the steps taken to implement and maintain our IIP Program.
HISTORY
Adopted:
_________________________
Rene Salas
City Manager
Enclosures:
Attachment A – Hazard Report Form
Attachment B – Hazard Assessment and Correction Record
Attachment C – Accident/Exposure Investigation Report
Attachment D – Employee Training and Instruction Record
01257.0004/1033720.1
ATTACHMENT A – HAZARD REPORT
FORM
01257.0004/1033720.1
HAZARD REPORT FORM
Reporting Employee (Do not include name or position/title if you anonymously reporting):
Employee Name: ___________________________
Position/Title: ______________________________
Date: ______________________________
TYPE OF HAZARD/SAFETY CONCERN
Check all that apply.
□ GENERAL HEALTH & SAFETY □ ENVIRONMENTAL
□ SECURITY □ OTHER
□ FIRE CODE
DESCRIPTION OF HAZARD/SAFETY CONCERN
Location/Building of Concern: ___________________________________________ Date of Hazard/Concern:________________________________________________ Approximate Time of Hazard/Concern: ____________________________________ (1) Please describe the unsafe condition or unsafe action you observed, the date and time you observed it and any action(s) you have taken to address it:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ (2) Please describe any suggestions regarding how a process or duty you perform in your work environment can be performed more safely.
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Send completed form to Human Resources Director for review.
01257.0004/1033720.1
If this is an anonymous report place in a repurposed “Suggestion Box” located at City Hall next to Employee bathrooms, Community Center inside of the Employee Break/Clock room, Senior Center inside of the Employee Break Room, the Public Works Maintenance Yard outside the employees break room and the Public Safety Office at front lobby area. --------------------------------------------------------------------------------------------------------- To be completed by Human Resources Director or designee.
IIPP Implementation Official Action
Date Reviewed: ___________Assigned to (Name): ___________________________________ Resolution:____________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ RESOLUTION COMPLETE ________________________ ___________________ Signature Date
Reporter Advised of Resolution (If Anonymous Report, No Advisement Necessary) :
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________
01257.0004/1033720.1
ATTACHMENT B - HAZARD ASSESSMENT
AND CORRECTION RECORD
01257.0004/1033720.1
HAZARD ASSESSMENT AND CORRECTION RECORD
Date of
Inspection:
Person Conducting Inspection:
Unsafe Condition or Work Practice:
Corrective Action Taken:
Date of
Inspection:
Person Conducting Inspection:
Unsafe Condition or Work Practice:
Corrective Action Taken:
Date of
Inspection:
Person Conducting Inspection:
01257.0004/1033720.1
Unsafe Condition or Work Practice:
Corrective Action Taken:
01257.0004/1033720.1
ATTACHMENT C - ACCIDENT/EXPOSURE
INVESTIGATION REPORT
01257.0004/1033720.1
ACCIDENT/EXPOSURE INVESTIGATION REPORT
Date & Time of Accident:
Location:
Accident Description:
Workers Involved:
Preventive Action Recommendations:
Corrective Actions Taken:
01257.0004/1033720.1
Manager Responsible: Date Completed
01257.0004/1033720.1
ATTACHMENT D - EMPLOYEE TRAINING
AND INSTRUCTION RECORD
01257.0004/1033720.1
EMPLOYEE TRAINING AND INSTRUCTION RECORD
Employee's Name: Training Dates Type of
Training
Trainers
City Council Agenda Report
Agenda Item No. 9.h.
DATE: January 14, 2025
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
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION 25-005,
ADOPTING AND APPROVING THE WORKPLACE VIOLENCE
PREVENTION POLICY
SUMMARY: SB 553 was enacted on September 30, 2023. The bill requires covered employers to create, implement and maintain a Workplace Violence Prevention Plan(“WVPP” or “Plan”) by July 1, 2024. Staff is requesting the City Council consider adopting a Workplace Violence Prevention Plan that addresses the hazards known to be associated with the four types of workplace violence as defined by state law. The purpose of this Plan is to provide guidelines for City employees to follow in preventing and reporting workplace violence, as it is the City’s goal to maintain a violence-free working environment. If this Workplace Violence Prevention Plan is approved by the City Council, City management will initiate and complete the required meet and confer with both Bargaining Units within the City and will timely provide required training regarding the adopted Workplace Violence Prevention Plan.
RECOMMENDED ACTION: Staff recommends City Council consider adopting Resolution No. 25-005, adopting and approving the Workplace Violence Prevention Policy.
FISCAL/FINANCIAL IMPACT: There is no fiscal impact.
DISCUSSION: Workplace violence does not include lawful acts of self-defense or defense of others; but does include four (4) types of violence identified and defined by law. The four (4) types of violence includes:
Type 1 Violence: Workplace violence committed by a person who has no legitimate business at the worksite, and includes violent acts by anyone who enters the workplace or approaches employees with the intent to commit a crime;
Type 2 Violence: Workplace violence directed at employees by customers, clients, patients, students, inmates, or visitors;
Type 3 Violence: Workplace violence against an employee by a present or former employee, supervisor, or manager;
Type 4 Violence: Workplace violence committed in the workplace by a person who does not work there, but has or is known to have had a personal relationship with an employee.
Comprehensive Workplace Violence and Active Shooter training was provided to City Staff on February 19, 2024. Training specific to the City’s WVPP is outstanding and will be timely provided after the adoption of the Workplace Violence Prevention Plan.
ATTACHMENT(S):
A. Resolution No. 25-005
B. Workplace Violence Prevention Plan
01257.0004/1023794.1
ATTACHMENT A
RESOLUTION NO. 25-005
A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL
ADOPTING A WORKPLACE VIOLENCE PREVENTION PLAN
TO COMPLY WITH THE REQUIREMENTS OF SENATE BILL
553
WHEREAS, Senate Bill 553 enacted on September 30, 2023 requires covered employers to establish, implement and maintain a Workplace Violence Prevention Plan; and WHEREAS, Senate Bill 553 amended Labor Code Section 6401.7 to require a workplace violence prevention plan conforming to the requirements of Labor Code Section 6409.1; and WHEREAS, on September 10, 2024 the City Council adopted Resolution No. 24-212 to be fully compliant with Senate Bill 553; and
WHEREAS, the City Council seeks to remain in compliance with Senate Bill 553 and finds the need to repeal Resolution No. 24-212 and the action then taken by City Council on September 10, 2024 as part of agenda item 7e; and
WHEREAS, the purpose of the Workplace Violence Prevention Plan is to address the hazards known to be associated with the four types of workplace violence as defined by State Law; and
WHEREAS, the purpose of this Workplace Violence Prevention Plan is to provide guidelines for City employees to follow aimed at preventing and reporting workplace violence, as it is the City’s goal to maintain a violence-free working environment; and WHEREAS, the City Council finds that it is in the best interests of the City to adopt a Workplace Violence Prevention Plan in furtherance of public health and safety and welfare services in the City and general workplace safety for its employees.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH EL MONTE DOES HEREBY FIND, RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The aforementioned recitals are incorporated herein by reference as set forth in full herein.
SECTION 2. Resolution No. 24-212 and the Workplace Violence Prevention Plan made part of that resolution is hereby repealed in its entirety.
01257.0004/1023794.1
SECTION 3. The Workplace Violence Prevention Plan, attached hereto as Exhibit A, is hereby approved and adopted to create a comprehensive workplace violence protection program for purposes of protecting employees from violence in the workplace.
SECTION 4. The Workplace Violence Prevention Plan attached hereto as Exhibit A, conforms to the requirements of Labor Code Section 6401.7 and Labor Code Section 6409.1.
SECTION 5. This resolution is exempt from the California Environmental Quality Act (“CEQA”) under Section 15061(b)(3) of the CEQA Guidelines, which provides that CEQA only applies to projects that have the potential for causing a significant effect on the environment.
Where, as here, it can be seen with certainty that there is no possibility that the activity in question would have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 6. If any section, subsection, sentence, clause, or phrase of this resolution is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each and every section, subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 7. The City Clerk shall certify to the adoption of this Resolution.
SECTION 8. The Resolution shall take effect immediately upon its adoption by City Council.
PASSED, APPROVED AND ADOPTED this 14th day of January 2025. ____________________________
Gloria Olmos, Mayor
ATTEST:
_____________________________
Adrian Garcia, MMC, City Clerk
01257.0004/1023794.1
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF SOUTH EL MONTE )
I, Adrian Garcia, City Clerk of the City of South El Monte, hereby certify that the foregoing Resolution, being Resolution No. 25-005, 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 14th day of January 2025, and that said Resolution was adopted by the following vote:
AYES: Councilmember(s):
NOES: Councilmember(s):
ABSENT: Councilmember(s):
ABSTAIN: Councilmember(s):
Adrian Garcia, MMC, City Clerk
01257.0004/1023794.
1
CITY OF SOUTH EL MONTE
WORKPLACE VIOLENCE PREVENTION PLAN
ATTACHMENT B
01257.0004/1021550.2
TABLE OF CONTENTS
Page
PURPOSE ........................................................................................................................................1 DEFINITIONS .................................................................................................................................1 RESPONSIBILITY..........................................................................................................................2 EMPLOYEE ACTIVE INVOLVEMENT ......................................................................................3 EMPLOYEE COMPLIANCE .........................................................................................................3 COMMUNICATION WITH EMPLOYEES ...................................................................................4 COORDINATION WITH OTHER EMPLOYERS ........................................................................5 WORKPLACE VIOLENCE INCIDENT REPORTING PROCEDURE ........................................5 EMERGENCY RESPONSE PROCEDURES .................................................................................5 WORKPLACE VIOLENCE HAZARD IDENTIFICATION AND EVALUATION ....................6 WORKPLACE VIOLENCE HAZARD CORRECTION ...............................................................7 PROCEDURES FOR POST-INCIDENT RESPONSE AND INVESTIGATION .........................9 TRAINING AND INSTRUCTION ...............................................................................................11 EMPLOYEE ACCESS TO THE WRITTEN WVPP ....................................................................12 RECORDKEEPING ......................................................................................................................13 EMPLOYEE ACCESS TO RECORDS ........................................................................................13 REVIEW AND REVISION OF THE WVPP ................................................................................13 EMPLOYER REPORTING RESPONSIBILITIES ......................................................................14
01257.0004/1021550.2 1
PURPOSE
The City of South El Monte’s (“City”) Workplace Violence Prevention Plan (“WVPP” or “Plan”) addresses the hazards known to be associated with the four (4) types of workplace violence as defined by law. The purpose of this Plan is to provide guidelines for City employees to follow in preventing and reporting workplace violence, as it is the City’s goal to maintain a violence-free working environment. All employees are required to comply with the Plan. Failure to comply with this Plan will be appropriately disciplined, including, but not limited to, termination of employment.
DEFINITIONS
Emergency - Unanticipated circumstances that can be life threatening or pose a risk of significant injuries to employees or other persons.
Engineering controls - An aspect of the built space or a device that removes a hazard from the workplace or creates a barrier between the employee and the hazard.
Log - The violent incident log required by LC section 6401.9.
Plan - The workplace violence prevention plan required by LC section 6401.9.
Serious injury or illness - Any injury or illness occurring in a place of employment or in connection with any employment that requires inpatient hospitalization for other than medical observation or diagnostic testing, or in which an employee suffers an amputation, the loss of an eye, or any serious degree of permanent disfigurement, but does not include any injury or illness or death caused by an accident on a public street or highway, unless the accident occurred in a construction zone.
Threat of violence - Any verbal or written statement, including, but not limited to, texts, electronic messages, social media messages, or other online posts, or any behavioral or physical conduct, that conveys an intent, or that is reasonably perceived to convey an intent, to cause physical harm or to place someone in fear of physical harm, and that serves no legitimate purpose.
Workplace violence - Any act of violence or threat of violence that occurs in a place of employment.
Workplace violence includes, but is not limited to, the following:
• The threat or use of physical force against an employee that results in, or has a high likelihood of resulting in, injury, psychological trauma, or stress, regardless of whether the employee sustains an injury.
• An incident involving a threat or use of a firearm or other dangerous weapon, including the use of common objects as weapons, regardless of whether the employee sustains an injury.
01257.0004/1021550.2 2
• The following four workplace violence types:
Type 1 violence - Workplace violence committed by a person who has no legitimate business at the worksite, and includes violent acts by anyone who enters the workplace or approaches employees with the intent to commit a crime.
Type 2 violence - Workplace violence directed at employees by customers, clients, patients, students, inmates, or visitors.
Type 3 violence - Workplace violence against an employee by a present or former employee, supervisor, or manager.
Type 4 violence - Workplace violence committed in the workplace by a person who does not work there, but has or is known to have had a personal relationship with an employee.
Workplace violence does not include lawful acts of self-defense or defense of others.
Work practice controls - Procedures and rules which are used to effectively reduce workplace violence hazard.
RESPONSIBILITY
The City Manager (“WVPP administrator”), has the authority and responsibility for implementing the provisions of this plan on behalf of the City. Managers and supervisors are responsible for implementing and maintaining the WVPP within their respective work areas and for fielding employee questions about the WVPP.
Job Title/Position WVPP Responsibilities Phone No. Email Address City Manager
Overall responsibility for the plan; approves the final plan and any major changes.
626-652-3116 [email protected]
Director
of Human Resources
and Risk Management
Responsible for employee involvement
and trainings; organizes safety meetings, updates
training materials and handles reports of workplace
violence.
626-579-6540 [email protected]
Emergency Operations
Coordinator
Responsible for emergency response, hazard
identification, and coordination with other employers;
conducts safety inspections, coordinates emergency
response procedures, and communicates with other
employers about the plan.
626-652-3117 [email protected]
01257.0004/1021550.2 3
EMPLOYEE ACTIVE INVOLVEMENT
The City implements the following policies and procedures to obtain the active involvement of employees and authorized employee representatives in developing and establishing the Plan:
• All employees will follow all workplace violence prevention plan directives, policies, and procedures and assist in maintaining a safe and inclusive work environment in accordance with relevant City policies and procedures, including, but not limited to, the Workplace Harassment Policy, the Injury and Illness Prevention Program and AB 1234 Ethics Conduct and Compliance.
• Management will work with and allow employees and authorized employee representatives to actively participate in:
o Identifying, evaluating, and determining appropriate corrective measures to prevent workplace violence by conducting safety meetings aimed at the identification of workplace violence-related concerns/hazards, evaluation and remediation.
o Designing and implementing training sessions relevant to identifying a threat of violence or assault and the City’s reporting policy and procedures.
o Reporting and investigating workplace violence incidents based on the City’s internal reporting procedures.
• Management will ensure that all workplace violence policies and procedures within this written policy are clearly communicated and understood by all City employees.
Managers and supervisors will enforce the rules fairly and uniformly. • The Plan shall be in effect at all times and in all work areas and be specific to the hazards and corrective measures for each of the City’s work areas and operations.
EMPLOYEE COMPLIANCE
The City’s system to ensure that its employees comply with the rules and work practices that are designed to make the workplace more secure and do not engage in threats or physical actions which create a security hazard for others in the workplace, includes at a minimum:
• Ensuring employees, supervisors and managers are properly trained regarding the City’s Plan.
• Developing effective procedures to ensure supervisory and nonsupervisory employees comply with the City’s Plan through training, monitoring and evaluations. • Providing retraining to employees whose safety performance is deficient in accordance with the City’s Plan.
01257.0004/1021550.2 4
• Recognizing employees who demonstrate safe work practices that promote the City’s Plan through monthly email blasts and/or notices and verbal and/or written commendations.
• Disciplining employees who fail to comply with the Plan in accordance with the City’s disciplinary policy as outlined within its respective Memorandums of Understanding and the City’s Personnel Rules.
COMMUNICATION WITH EMPLOYEES
The City recognizes that open, two-way communication between management and staff about and/or regarding workplace violence issues is essential to a safe and productive workplace. As such, the following communication system is designed to facilitate a continuous flow of workplace violence prevention information between management and staff in a form that is readily understandable by all employees, and may consist of one or more of the following:
• New employee orientation including workplace violence prevention policies and procedures.
• Workplace violence prevention training programs.
• Regularly scheduled meetings that address security issues and potential workplace violence hazards
• Effective communication between employees and supervisors about workplace violence prevention and violence concerns through training aimed at warning signs of workplace violence and communicating in an employee’s first language whenever practicable.
• Posted and distributed workplace violence prevention information. • Permitting and encouraging employees to report a violent incident, threat, or other workplace violence concern to the City or directly to law enforcement without fear of reprisal or adverse action through anonymous reporting. • Employees will not be prevented from accessing their mobile or other communication devices to seek emergency assistance, assess the safety of a situation, or communicate with a person to verify their safety. Employees’ concerns will be investigated in a timely manner and they will be informed of the results following the conclusion of the hazard-related investigation.
• Sharing training materials and sample incident reports to ensure adequate reporting procedures and methods and developing coordinated responses to incidents. • Updates during quarterly meetings with other employers in the building (at or near and around the same worksite) to discuss the plan and any updates. These meetings could involve sharing updates to the plan, discussing recent incidents, and coordinating training sessions.
01257.0004/1021550.2 5
COORDINATION WITH OTHER EMPLOYERS
The City will implement procedures to ensure non-City employers (i.e., contractors, subcontractors, temporary staffing agencies etc.) coordinate implementation of the City’s Plan and understand their respective roles, as provided for within the Plan. The effective procedures include at a minimum:
• Ensuring all employees are trained on workplace violence prevention. • Ensuring all workplace violence incidents involving any employee are reported, investigated, and recorded. This can be accomplished by reporting to the City Manager and/or Human Resources Department or their designee, via email at [email protected], [email protected], phone call at 626-579-6540, or inperson reporting.
WORKPLACE VIOLENCE INCIDENT REPORTING PROCEDURE
The City will implement the following effective procedures to ensure that:
• All threats or acts of workplace violence are reported to an employee’s supervisor or manager who will inform the City Manager or their designee. This will be accomplished by reporting via email to [email protected], phone call at 626-652- 3116, or in-person reporting.
• To maintain anonymity, City employees may also anonymously report incidents through the repurposed “Suggestion Boxes” located at City Hall next to the employee bathrooms, the Community Center inside of the employee break/clock room, the Senior Center inside of the employee break room, the Public Works Maintenance Yard outside the employee break room and the Public Safety Office at the front lobby area. Anonymous reporting forms are attached herein as Attachment B. The suggestion boxes will be reviewed monthly by the HR Department. • Direct automated alerts to Sheriff’s Department coordinated through the City Manager.
EMERGENCY RESPONSE PROCEDURES
The City has in place the following specific measures to handle actual or potential workplace violence emergencies:
• Effective means to alert employees of the presence, location, and nature of workplace violence emergencies through Al Users automatic alerts system. • City will have in place up-to-date evacuation routes, emergency exits, procedures and guidelines for sheltering for all City facilities, attached herein as Attachment C. • Guidelines regarding how to obtain help from staff, security personnel or law enforcement. The City will post information for response staff and local law
01257.0004/1021550.2 6
enforcement in common areas within City facilities and worksites. In the event that there is an immediate danger, employees are to call for emergency assistance by dialing 9-1-1 and then notify the City Manager or their designee, where practicable.
WORKPLACE VIOLENCE HAZARD IDENTIFICATION AND EVALUATION The following policies and procedures are established and required to be conducted by the City to ensure that workplace violence hazards are promptly identified and evaluated:
• Inspections shall be conducted when the Plan is first established, after each workplace violence incident and whenever the City is made aware of a new or previously unrecognized hazard.
• The City shall review all submitted and/or reported concerns of potential hazards at least weekly and more frequently as determined by necessity.
Periodic Inspections
Periodic inspections of workplace violence hazards will identify unsafe conditions and work practices. This may require assessment for more than one type of workplace violence. Periodic Inspections shall be conducted at least annually.
Periodic inspections to identify and evaluate workplace violence and hazards will be performed by the following designated personnel in the following areas of the workplace:
Specific Person Name/Job Title Area/Department/Specific Location City Manager City Hall
Emergency Operations Coordinator City Hall
Public Works Director All Facilities
Public Works Supervisor All Facilities
Code Enforcement Superviser All Facilities
Inspections for workplace violence hazards may include assessing:
• The exterior and interior of the workplace for its attractiveness to robbers. • The need for violence surveillance measures, such as mirrors and cameras. • Procedures for employees response during a robbery or other criminal act, including the City’s policy prohibiting employees, who are not security guards, from confronting violent persons or persons committing a criminal act on City property or within the workplace.
• Procedures for reporting suspicious persons or activities.
01257.0004/1021550.2 7
• Effective location and functionality of emergency buttons, alarms and procedures that warn of actual or potential workplace violence dangers or that summon assistance. • Posting of emergency telephone numbers for law enforcement, fire, and medical services.
• Whether employees have access to a telephone with an outside line. • Whether employees have effective escape routes from the workplace or designated safe areas to retreat during an emergency.
• Adequacy of workplace security systems, such as door locks, entry codes or badge readers, security windows, physical barriers and restraint systems. • Frequency and severity of threatening or hostile situations that may lead to violent acts by persons who are service recipients of the City. • Employees’ skill in safely handling threatening or hostile service recipients (example:
security guards).
• The use of work practices such as the "buddy" system for specified emergency events.
• How well management and employees communicate with each other. • Access to and freedom of movement within the workplace by non-employees, including recently discharged employees or persons with whom one of our employees is having a dispute.
• Frequency and severity of employees’ reports of threats of physical or verbal abuse by managers, supervisors, or other employees.
• Any prior violent acts, threats of physical violence, verbal abuse, property damage or other signs of strain or pressure in the workplace.
WORKPLACE VIOLENCE HAZARD CORRECTION
Workplace violence hazards will be evaluated and corrected in a timely manner by the City Manager or designee. The City will implement the following effective procedures to correct workplace violence hazards that are identified:
• If an imminent workplace violence hazard exists that cannot be immediately abated without endangering employee(s), all exposed employee(s) will be removed from the situation except those necessary to correct the existing condition. Employees necessary to correct the hazardous condition will be provided with the necessary protective equipment and training.
01257.0004/1021550.2 8
• All corrective actions taken will be documented and dated on the appropriate City forms.
• Corrective measures for workplace violence hazards will be specific to a given work area.
• Enhance workplace security by:
o Improving lighting around and at the workplace.
o Posting signs notifying the public that limited cash is kept on the premises and that cameras are monitoring the facility.
o Installing and utilizing surveillance measures, such as cameras and mirrors, to provide information as to what is going on outside and inside of the workplace, with the goal of dissuading criminal activity. o Hiring security guards and having them patrol the workplace interior and perimeter.
• Provide workplace violence systems, such as door locks, violence windows, physical barriers, emergency alarms and restraint systems by:
o Ensuring the adequacy of workplace violence systems.
o Posting emergency telephone numbers for law enforcement, fire and medical services.
o Controlling access to and freedom of movement within the workplace by non-employees, include recently discharged employees or persons with whom one of our employees is having a dispute.
o Installing effective systems to warn others of a violence danger or to summon assistance, e.g., alarms or panic buttons.
o Ensuring employees have access to a telephone with an outside line o Provide employee training/re-training (refreshers) on the WVPP, which could include but is not limited to the following:
Recognizing and handling threatening or hostile situations that may lead to violent acts by persons who are service recipients of our establishment.
Ensuring that all reports of violent acts, threats of physical violence, verbal abuse, property damage or other signs of strain or pressure in the workplace are handled effectively
01257.0004/1021550.2 9
by management and that the person making the report is not subject to retaliation by the person making the threat. Improving how well our establishment's management and employees communicate with each other.
Implementing procedures for reporting suspicious persons, activities and packages.
Providing and/or reviewing employee, supervisor and
management training on emergency action procedures.
• Ensure adequate employee escape routes.
• Increase awareness by employees, supervisors and managers of the warning signs of potential workplace violence through de-escalation training. At management discretion, the City may designate additional training as required. • Ensure that employee disciplinary and discharge procedures address the potential for workplace violence in accordance with the City’s Disciplinary Procedures listed within its Personnel Rules.
• Establish a policy for prohibited practices; including, but not limited to, the Drug & Alcohol Free Workplace Policy and Discrimination and Harassment Policy. • Limit the amount of cash on hand and use time access safes for large bills. • Provide procedures for a "buddy" system for specified emergency events.
PROCEDURES FOR POST-INCIDENT RESPONSE AND INVESTIGATION After a workplace incident, the City Manager or their designee will implement the following post-incident procedures:
• Visit the scene of an incident as soon as safe and practicable. • Interview all involved parties, including, but not limited to, City employees, witnesses, law enforcement and/or public safety enforcement officers. • Review security footage of existing security cameras if applicable. • Examine the workplace for security risk factors associated with the incident, including any previous reports of inappropriate behavior by the perpetrator. • Determine the cause of the incident.
• Record investigation findings and take necessary and appropriate corrective action to prevent similar incidents from occurring.
01257.0004/1021550.2 10
• Obtain any reports completed by law enforcement.
• The violent incident log will be used for every workplace violence incident (Attached herein as Attachment A) and will include information, such as:
o The date, time, and location of the incident.
o The workplace violence type(s) involved in the reported incident. o A detailed description of the incident.
o A classification of who committed the violence, including whether the perpetrator was a client or customer, family or friend of a client or customer, stranger with criminal intent, coworker, supervisor or manager, partner or spouse, parent or relative, or other perpetrator. o A classification of circumstances at the time of the incident, including, but not limited to, whether the employee was completing their usual job duties, working in a poorly lit area(s), rushed, working during a low staffing level, isolated or alone, unable to get help or assistance, working in a community setting, or working in an unfamiliar or new location. o A classification of where the incident occurred, such as in the workplace, parking lot or other area outside of the workplace.
o The type of incident, including, but not limited to, whether it involved any of the following:
Physical attack without a weapon, including, but not limited to, biting, choking, grabbing, hair pulling, kicking, punching, slapping, pushing, pulling, scratching or spitting.
Attack with a weapon or object, including, but not limited to, a firearm, knife or other object.
Threat of physical force or threat of the use of a weapon or other object.
Sexual assault or threat, including, but not limited to, rape, attempted rape, physical display or unwanted verbal or
physical sexual contact.
Animal attack.
Other.
o Consequences of the incident, including, but not limited to:
01257.0004/1021550.2 11
Whether security or law enforcement was contacted and their response.
Actions taken to protect employees from a continuing threat or from any other hazards identified as a result of the incident. Information about the person completing the log, including their name, job title and the date completed.
• Reviewing all previous incidents.
• Offer staff individual trauma counseling resources.
Ensure that no personal identifying information is recorded or documented in the written investigation report. This includes information which would reveal identification of any person involved in a violent incident, such as the person’s name, address, electronic mail address (“email”), telephone number, social security number or other information that, alone or in combination with other publicly available information, reveals the person’s identity.
TRAINING AND INSTRUCTION
All employees, including managers and supervisors, will have training and instruction on general and job-specific workplace violence practices and the subsequent risks associated with workplace violence. The City will provide training material appropriate in content and vocabulary to the educational level, literacy and language of its employees. These training sessions may include presentations, discussions and practical exercises. Training and instruction will be provided as follows:
• When the WVPP is first established.
• Annually to ensure all employees understand and comply with the Plan. • Whenever a new or previously unrecognized workplace violence hazard has been identified and when changes are made to the Plan. The additional training may be limited to addressing the new workplace violence hazard or changes to the Plan. • When new equipment or work practices and/or procedures are introduced.
The City will provide its employees with training and instruction on the definitions found on pages 1-2 of this Plan and the requirements listed below:
• The City’s WVPP, how to obtain a copy of the City’s Plan at no cost and how to participate in the development and implementation of the City’s Plan. • How to report workplace violence incidents or concerns to the City or law enforcement without fear of reprisal.
01257.0004/1021550.2 12
• Workplace violence hazards specific to the employees’ job, the corrective measures the City has implemented, how to seek assistance to prevent or respond to violence and strategies to avoid physical harm.
• The violent incident log and how to obtain copies of records pertaining to hazard identification, evaluation and correction, training records and violent incident logs. • Opportunities the City has for interactive questions and answers with a person knowledgeable about the City’s Plan.
• Strategies to avoid or prevent workplace violence and physical harm, such as:
o How to recognize workplace violence hazards including the risk factors associated with the four types of workplace violence.
o Ways to defuse hostile or threatening situations.
• How to recognize alerts, alarms or other warnings about emergency conditions and how to use identified escape routes or locations for sheltering. • Employee routes of escape.
• Emergency medical care provided in the event of any violent act upon an employee. • Post-event trauma counseling for employees desiring such assistance.
Employees assigned to respond to alerts, alarms or systems that are in place to warn others will receive additional training that may include:
• General and personal safety measures.
• Aggression and violence-predicting factors.
• The assault cycle.
• Characteristics of aggressive and violent persons.
• Verbal intervention and de-escalation techniques and physical maneuvers to defuse and prevent violent behavior.
• Strategies to prevent physical harm.
• An opportunity to practice the taught maneuvers and techniques, including a debriefing session.
EMPLOYEE ACCESS TO THE WRITTEN WVPP
The City ensures that its Plan shall be in writing and shall be available and easily accessible to its employees, authorized employee representatives, and representatives of Cal/OSHA at all times.
01257.0004/1021550.2 13
This will be accomplished by providing employees with a copy at their time of hire and subsequent hardcopies being provided to each Department head.
RECORDKEEPING
The City will:
• Create and maintain records of workplace violence hazard identification, evaluation and correction for a minimum of five (5) years.
• Create and maintain training records for a minimum of one (1) year and include the following:
o Training dates.
o Contents or a summary of the training sessions.
o Names and qualifications of persons conducting the training. o Names and job titles of all persons attending the training sessions. • Maintain violent incident logs for a minimum of five (5) years. • Maintain records of workplace violence incident investigations for a minimum of five (5) years.
o The records shall not contain medical information per subdivision (j) of section 56.05 of the Civil Code.
• All records of workplace violence hazard identification, evaluation and correction; training, incident logs and workplace violence incident investigations as required by law, shall be made available to Cal/OSHA upon its request for examination and copying.
EMPLOYEE ACCESS TO RECORDS
The following records shall be available to employees and/or their representatives, upon request and without cost, for examination and copying within 15 calendar days of a request:
• Records of workplace violence hazard identification, evaluation and correction. • Training records.
• Violent incident logs.
REVIEW AND REVISION OF THE WVPP
The City’s WVPP will be reviewed for effectiveness:
01257.0004/1021550.2 14
• At least annually.
• When a deficiency is observed or becomes apparent.
• After a workplace violence incident.
• As needed.
Review and revision of the WVPP will include the procedures listed in the above Employee Active Involvement section of this Plan, as well as the following procedures to obtain the active involvement of employees and authorized employee representatives in reviewing the plan’s effectiveness:
• Review of City’s WVPP should include, but is not limited to:
o Review of incident investigations and the violent incident log. o Assessment of the effectiveness of security systems, including alarms, emergency response, and security personnel availability (if applicable). • Review that violence risks are being properly identified, evaluated, and corrected.
Any necessary revisions are made promptly and communicated to all employees.
Necessary revisions could include changes to procedures, updates to contact information, and additions to training materials.
EMPLOYER REPORTING RESPONSIBILITIES
In accordance with the law, the City will immediately report to Cal/OSHA any serious injury, illness, or death (including any due to workplace violence) of an employee occurring in a place of employment or in connection with any employment.
Employee Assistance Program
The City maintains an Employee Assistance Program (“EAP”), which provides help to employees and their families who suffer from personal or emotional issues. The EAP provides professional counseling on a strictly confidential basis. The City encourages its employees to seek professional help for any personal issues involving interpersonal problems or anger management issues that may arise.
For All Employees
To access services, contact Human Resources at 626-580-3579 or utilize the City’s Human Resources webpage at https://www.cityofsouthelmonte.org/169/Human-Resources.
01257.0004/1021550.2 15
HISTORY
Adopted:
_________________________
Rene Salas
City Manager
Enclosures:
Attachment A – Workplace Violence Incident Log
Attachment B – Workplace Violence Incident Report Form
Attachment C – City Evacuation Plans, Emergency Exits and Shelter-in-Place Procedures Attachment D – Injury and Illness Prevention Program
01257.0004/1021550.2 16
ATTACHMENT A – WORKPLACE
VIOLENCE INCIDENT LOG
01257.0004/1021550.2 17
Violent Incident Log
This log must be used for every workplace violence incident that occurs in our workplace. At a minimum, it will include the information required by law.
The information that is recorded will be based on:
• Information provided by the employees who experienced the incident of violence. • Witness statements.
• All other investigation findings.
All information that personally identifies the individual(s) involved will be omitted from this log, such as:
• Names
• Addresses – physical and electronic
• Telephone numbers
• Social security number
Date the incident occurred: ______________________________________________________ Approximate time that the incident occurred: ________________________________________ Location(s) of Incident:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Workplace Violence Type (Indicate which type(s), Type 1, 2,3,4):
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Notate which of the following describes the type(s) of incident, and explain in detail:
Note: It’s important to understand that “Workplace Violence Type” and “Type of Incident” have separate requirements. For this part of the log, “Type of Incident” specifically refers to the nature or characteristics of the incident being logged. It does not refer to the type of workplace violence.
• Physical attack without a weapon, including, but not limited to, biting, choking, grabbing, hair pulling, kicking, punching, slapping, pushing, pulling, scratching, or spitting.
01257.0004/1021550.2 18
• Attack with a weapon or object, including, but not limited to, a firearm, knife, or other object.
• Threat of physical force or threat of the use of a weapon or other object. • Sexual assault or threat, including, but not limited to, rape, attempted rape, physical display, or unwanted verbal or physical sexual contact. • Animal attack.
• Other.
Explain (Provide a detailed description of the incident and any additional information on the violence incident type and what it included. Continue on separate sheet of paper if necessary.).:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________
01257.0004/1021550.2 19
Workplace violence committed by (For confidentiality, only include the classification of who committed the violence, including whether the perpetrator was a client or customer, family or friend of a client or customer, stranger with criminal intent, coworker, supervisor or manager, partner or spouse, parent or relative, or other perpetrator.):
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Circumstances at the time of the incident (write/type what was happening at the time of the incident, including, but not limited to, whether the employee was completing usual job duties, working in poorly lit areas, rushed, working during a low staffing level, isolated or alone, unable to get help or assistance, working in a community setting, or working in an unfamiliar or new location.):
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Where the incident occurred (Where the incident occurred, such as in the workplace, parking lot or other area outside the workplace, or other area.):
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Consequences of the incident, including, but not limited to:
01257.0004/1021550.2 20
• Whether security or law enforcement was contacted and their response. • Actions taken to protect employees from a continuing threat or from any other hazards identified as a result of the incident (Include information on what the consequences of the incident were.).
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ o Were there any injuries? Yes or No. Please explain (Indicate here if there were any injuries, if so, provide description of the injuries.).:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ o Were emergency medical responders other than law enforcement contacted, such as a Fire Department, Paramedics, On-site First-aid certified personnel? Yes or No. If yes, explain below:
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________
01257.0004/1021550.2 21
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ o Did the severity of the injuries require reporting to Cal/OSHA? If yes, document the date and time this was done, along with the name of the Cal/OSHA representative contacted.
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ A copy of this violent incident log needs to be provided to the City. Indicate method and date it was provided and to whom.
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ This violent incident log was completed by:
______________________________________________________________________________ Name Position Date
_______________________________
Signature of Person Completing Log
01257.0004/1021550.2 22
ATTACHMENT B - WORKPLACE
VIOLENCE INCIDENT REPORT FORM
01257.0004/1021550.2 23
WORKPLACE VIOLENCE INCIDENT REPORT FORM
Reporting Employee (Do not include name or position/title if you anonymously reporting):
Employee Name: ___________________________
Position/Title: ______________________________
Date: ______________________________
TYPE OF VIOLENCE/THREAT OF VIOLENCE CONCERN
Check all that apply.
□ VIOLENCE COMMITTED BY PERSON WITH NO LEGITIMATE BUSINES AT
WORKSITE, INCLUDING VIOLENT ACTS BY PERSO WHO ENTERS
WORKPLACE OR APPROACHES EMPLOYEES WITH THE INTENT TO COMMIT
A CRIME
□ VIOLENCE DIRECTED AT EMPLOYEES BY CUSTOMERS, CLIENTS, PATIENTS,
STUDENTS, INMATES OR VISITORS
□ VIOLENCE AGAINST AN EMPLOYEE BY A CURRENT OR FORMER CITY
EMPLOYEE, SUPERVISOR OR MANAGER
□ VIOLENCE COMMITTED IN THE WORKPLACE BY A PERSON WHO DOES NOT
WORK AT/FOR THE CITY BUT HAS OR IS KNOWN TO HAVE HAD A
PERSONAL RELATIONSHIP WITH A CITY EMPLOYEE
□ THREAT OF VIOLENCE
DESCRIPTION OF VIOLENCE/THREAT OF VIOLENCE CONCERN
Location/Building Incident Occurred: ____________________________________________ Date Incident Occurred: __________________________
Approximate Time Incident Occurred: ___________________________________ (1) Provide a detailed description of the incident and any additional information relevant to the violent incident type or perceived threat of violence.
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________
01257.0004/1021550.2 24
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ (2) Who was the workplace violence committed by?
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ (3) Describe the circumstances at the time of the incident (What was happening at time of incident, were employees engaged job duties, describe the work environment, including lighting, staffing levels, working in a new position etc.).
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ (4) Describe where the incident occurred.
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Send completed form to City Manager for review.
If this is an anonymous report place in a repurposed “Suggestion Box” located at City Hall next to the employee bathrooms, Community Services Building inside of the employee break/clock room, Senior Center inside of the employee break room, the Public Works Maintenance Yard outside the employee break room and the Public Safety Office at the front lobby area.
--------------------------------------------------------------------------------------------------------- To be completed by City Manager or designee.
WVPP Implementation Official Action
Date Reviewed: ___________Assigned to (Name): ___________________________________
01257.0004/1021550.2 25
Resolution:____________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ RESOLUTION COMPLETE ________________________ ___________________ Signature Date
Reporter Advised of Resolution (If Anonymous Report, No Advisement Necessary) :
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________
01257.0004/1021550.2 26
ATTACHMENT C – CITY EVACUATION
PLANS, EMERGENCY EXITS AND
SHELTER-IN-PLACE PROCEDURES
01257.0004/1021550.2 27
ATTACHMENT D – INJURY AND ILLNESS
PREVENTION PROGRAM
01257.0004/1033720.1
CITY OF SOUTH EL MONTE
INJURY AND ILLNESS PREVENTION PROGRAM
01257.0004/1033720.1 i
TABLE OF CONTENTS
Page
Introduction ......................................................................................................................................2 Responsibility ..................................................................................................................................2 Compliance ......................................................................................................................................2 Communication ................................................................................................................................3 Hazard Assessment ..........................................................................................................................3 Accident/Exposure Investigations ...................................................................................................4 Hazard Correction ............................................................................................................................4 Training and Instruction ...................................................................................................................4 Recordkeeping .................................................................................................................................6
01257.0004/1033720.1
Introduction
The City of South El Monte (“City”) has established this Injury and Illness Prevention Program (“IIPP” or “Plan”) in accordance with California Code of Regulations, Title 8, Chapter 4, Section 3203 of the General Industry Safety Orders and Section 1509 of the Construction Safety Orders.
This document encompasses the City’s IIPP.
The maintenance of a safe and healthy work environment is imperative for the successful operation of the City’s business. For this reason, safety requirements are considered fundamental to the design and construction of City facilities and worksites. To achieve our objectives, all City employees are trained and are expected to comply with all applicable health and safety policies and practices.
Responsibility
The HR Director or designee has the authority and the responsibility for implementing and maintaining this Plan on behalf of the City. Managers and supervisors are responsible for implementing and maintaining the Plan within their designated work areas and for answering employee questions about the Plan. Copies of this Plan will be readily available for employees upon request to a Department Head.
Compliance
All employees, including managers and supervisors, are responsible for complying with safe and healthful work practices including, but not limited to, adhering to all City implemented directives, policies and procedures aimed at maintaining a safe work environment. To reinforce compliance with the City’s health and safety practices, the City shall:
• Inform all employees, including temporary workers, of the provisions of its Plan and supporting policies and procedures.
• Evaluate the safety performance of all workers.
• Recognize employees verbally and on written performance evaluations who perform safe and healthful work practices.
• Provide training to employees whose safety performance is deficient. • Discipline employees for failure to comply with safe and healthful work practices and/or for failure to comply with City policies, procedures and guidelines.
Employees who observe or are aware of unsafe behavior and conduct within the workplace are expected to report the observed behavior to their supervisor, manager or anonymously by using a Hazard Report form, Attached herein as Attachment A.
01257.0004/1033720.1
Communication
Management, including the HR Director, will ensure that Occupational Safety and Health Administration (“OSHA”) compliance training is provided to all employees in a format readily understandable to its employees. The City’s communication system encourages all employees to inform their managers and/or supervisors about workplace hazards without fear of reprisal. The City has a strict no-retaliation policy and instances of retaliation are to be promptly reported to a member of the City’s Human Resources Department.
The City’s communication system includes the following:
• New employee orientation including, but not limited to, a discussion of safety and health policies and procedures.
• Review of the IIPP.
• Regularly scheduled safety meetings.
• Quarterly scheduled staff meetings.
• Posted or distributed safety information.
• A system for employees to anonymously inform management about workplace hazards. • Job performance feedback.
• Training programs.
Hazard Assessment
The HR Director or designee will conduct periodic inspections to identify and evaluate workplace hazards.
Periodic inspections are performed according to the following schedule:
• When the IIPP is first established.
• When the IIPP is substantively revised.
• When new substances, processes, procedures or equipment which present potential new hazards are introduced into the workplace.
• When new, previously unidentified hazards are recognized. • When occupational injuries and illnesses occur.
• Whenever workplace conditions warrant an inspection.
01257.0004/1033720.1
Accident/Exposure Investigations
The HR Director or designee is responsible for investigating workplace accidents and hazardous substance exposures. Employees shall promptly report all incidents, accidents and near misses to their supervisor.
Procedures for investigating workplace accidents and hazardous substance exposures include the following:
• Visiting the accident or exposure scene as soon as safe and practicable. • Interviewing injured workers and witnesses, including local law enforcement and security personnel as appropriate.
• Examining the workplace for factors associated with the accident/exposure. • Wherever practicable, determining the cause of the accident/exposure. • Taking corrective action to prevent the accident/exposure from reoccurring. • Recording the findings and corrective actions taken on the appropriate forms.
Hazard Correction
Unsafe or unhealthy work conditions, practices or procedures shall be corrected in a timely manner based upon the severity of the hazards. All corrective actions taken and the dates in which the action is completed shall be documented. Hazards shall be corrected according to the following procedures:
• When observed and or discovered.
• When an imminent hazard exists which cannot be immediately abated without endangering employee(s) and/or property, the City will remove all exposed workers from the area except those necessary to correct the existing condition. Workers who are required to correct the hazardous condition shall be provided with the necessary protection, e.g., personal protective equipment (“PPE”) and training.
Training and Instruction
All employees, including managers and supervisors, shall be provided training and instruction on general and job-specific safety and health practices. Training and instruction is provided:
• When the IIPP is first established and when substantive changes are made. • To all new workers, except for construction workers who are provided training through a construction industry occupational safety and health training program approved by Cal/OSHA.
01257.0004/1033720.1
• To all workers given new job assignments for which training was not previously provided.
• Whenever new substances, processes, procedures or equipment are introduced to the workplace and present a new hazard.
• Whenever the City is made aware of a new or previously unrecognized hazard. • To supervisors to familiarize them with the safety and health hazards to which workers under their immediate direction and control may be exposed. • To all workers with respect to hazards specific to each employee's job assignment.
The City’s general workplace safety and health practices include, but are not limited to, the following:
• Implementation and maintenance of the IIPP and general measures for reporting unsafe conditions, work practices and injuries or illnesses.
• Emergency action and fire prevention plans.
• Provisions for medical services and first aid including, but not limited to, emergency procedures.
• Prevention of musculoskeletal disorders, including, but not limited to, proper lifting techniques.
• Proper housekeeping, such as keeping stairways and aisles clear, work areas neat and orderly and promptly cleaning up spills.
• Prohibiting horseplay, scuffling, or other acts that tend to adversely influence safety. • Proper storage to prevent stacking goods in an unstable manner and storing goods against doors, exits, fire extinguishing equipment and/or electrical panels. • Proper reporting of hazards and accidents to supervisors. • Hazard communication, including worker awareness of potential chemical hazards, and proper labeling of containers.
• Proper storage and handling of toxic and hazardous substances including prohibiting eating or storing food and beverages in areas where they can become contaminated. • Use of appropriate clothing, including, but not limited to, gloves, footwear and PPE. • City’s Workplace Violence Prevention Plan (“WVPP”) and AB 1234 Ethics Code of Compliance.
01257.0004/1033720.1
Recordkeeping
The City has taken the following steps to implement and maintain its IIPP:
We are a local governmental entity (county, city, district, or and any public or quasi-public corporation or public agency) and we are not required to keep written records of the steps taken to implement and maintain our IIP Program.
HISTORY
Adopted:
_________________________
Rene Salas
City Manager
Enclosures:
Attachment A – Hazard Report Form
Attachment B – Hazard Assessment and Correction Record
Attachment C – Accident/Exposure Investigation Report
Attachment D – Employee Training and Instruction Record
01257.0004/1033720.1
ATTACHMENT A – HAZARD REPORT
FORM
01257.0004/1033720.1
HAZARD REPORT FORM
Reporting Employee (Do not include name or position/title if you anonymously reporting):
Employee Name: ___________________________
Position/Title: ______________________________
Date: ______________________________
TYPE OF HAZARD/SAFETY CONCERN
Check all that apply.
□ GENERAL HEALTH & SAFETY □ ENVIRONMENTAL
□ SECURITY □ OTHER
□ FIRE CODE
DESCRIPTION OF HAZARD/SAFETY CONCERN
Location/Building of Concern: ___________________________________________ Date of Hazard/Concern:________________________________________________ Approximate Time of Hazard/Concern: ____________________________________ (1) Please describe the unsafe condition or unsafe action you observed, the date and time you observed it and any action(s) you have taken to address it:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ (2) Please describe any suggestions regarding how a process or duty you perform in your work environment can be performed more safely.
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Send completed form to Human Resources Director for review.
01257.0004/1033720.1
If this is an anonymous report place in a repurposed “Suggestion Box” located at City Hall next to Employee bathrooms, Community Center inside of the Employee Break/Clock room, Senior Center inside of the Employee Break Room, the Public Works Maintenance Yard outside the employees break room and the Public Safety Office at front lobby area. --------------------------------------------------------------------------------------------------------- To be completed by Human Resources Director or designee.
IIPP Implementation Official Action
Date Reviewed: ___________Assigned to (Name): ___________________________________ Resolution:____________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ RESOLUTION COMPLETE ________________________ ___________________ Signature Date
Reporter Advised of Resolution (If Anonymous Report, No Advisement Necessary) :
______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________
01257.0004/1033720.1
ATTACHMENT B - HAZARD ASSESSMENT
AND CORRECTION RECORD
01257.0004/1033720.1
HAZARD ASSESSMENT AND CORRECTION RECORD
Date of
Inspection:
Person Conducting Inspection:
Unsafe Condition or Work Practice:
Corrective Action Taken:
Date of
Inspection:
Person Conducting Inspection:
Unsafe Condition or Work Practice:
Corrective Action Taken:
Date of
Inspection:
Person Conducting Inspection:
01257.0004/1033720.1
Unsafe Condition or Work Practice:
Corrective Action Taken:
01257.0004/1033720.1
ATTACHMENT C - ACCIDENT/EXPOSURE
INVESTIGATION REPORT
01257.0004/1033720.1
ACCIDENT/EXPOSURE INVESTIGATION REPORT
Date & Time of Accident:
Location:
Accident Description:
Workers Involved:
Preventive Action Recommendations:
Corrective Actions Taken:
01257.0004/1033720.1
Manager Responsible: Date Completed
01257.0004/1033720.1
ATTACHMENT D - EMPLOYEE TRAINING
AND INSTRUCTION RECORD
01257.0004/1033720.1
EMPLOYEE TRAINING AND INSTRUCTION RECORD
Employee's Name: Training Dates Type of
Training
Trainers
City Council Agenda Report
Agenda Item No. 11.a.
DATE: January 14, 2025
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: LETTER FROM THE MONTEBELLO BREWERS
CORPORATION REQUESTING A FACILITY FEE WAIVER
FOR THE USE OF DEAN L. SHIVELY PARK FIELD AND NEW
TEMPLE PARK FIELDS AND CONSIDERATION TO HOST
TWO BASEBALL TOURNAMENTS IN 2025
SUMMARY: The Montebello Brewers Baseball Corporation ("Brewers") is requesting a facility fee waiver for the use of Dean L. Shively Park ("Shively") field and New Temple Park ("New Temple") fields to host their 2025 season's practices and games. In addition, the Brewers are requesting approval to host two (2) baseball tournaments.
RECOMMENDED ACTION: Staff recommends City Council discuss and consider:
1. The facility fee waiver request for the use of Shively Park and New Temple Park fields for the estimated amount of $35,425.00; and
2. Approval to host two baseball tournaments.
FISCAL/FINANCIAL IMPACT: If approved in accordance with the Facility Reservation Regulations and Fee Schedule, the City will waive the facility rental fees in the estimated amount of $35,425.00 and the Brewers are responsible for all remaining costs associated with the reservation, including but not limited to, light fees, insurance coverage, and refundable damage deposits.
This amount may change based on modifications to the reservation. However, any increases in the requested fee waiver amounts will require City Council approval and must be submitted in a timely manner by the Brewers in writing.
Please reference Attachment A - Cost Details, summarizing the cost details associated with the fee waiver request.
DISCUSSION: The Brewers are a certified non-profit organization that invites boys between the ages of eight to sixteen (8 -16) to try out for their competitive travel baseball
program. In recent years, the City has sponsored the program by waiving the facility use fees for the fields at Shively Park and New Temple Park.
The Brewers are requesting a fee waiver for the use of the fields at Shively and New Temple Park to host their 2025 season's practices, games, and tournaments. The fee waiver includes the rental of the five (5) fields at New Temple Park and one (1) field at Shively Park for the estimated amount of $35,425.00. The Brewers requested dates are as follows:
Dates: March 3, 2025 to June 28, 2025
Park: Dean L. Shively Park
Days: Monday to Saturday
Times: Monday to Friday - 6:00 p.m. to 8:30 p.m. / Saturdays - 8:00 a.m. to 6:00 p.m.
Dates: July 7, 2025 to July 28, 2025
Park: Dean L. Shivley
Days: Mondays, Fridays, and Saturday
Times: Mondays and Fridays - 6:00 p.m. to 8:30 p.m. / Saturdays - 8:00 a.m. to 6:00 p.m.
Date: August 4, 2025 to December 5, 2025
Park: New Temple Park
Days: Monday, Fridays, and Saturdays
Times: Mondays and Fridays - 6:00 p.m. to 8:30 p.m. / Saturdays - 8:00 a.m. to 6:00 p.m.
In addition, the Brewers are requesting to host two (2) baseball tournaments. The proposed Breast Cancer Awareness Tournament is scheduled from Friday, October 17, 2025, to Sunday, October 19, 2025, which will raise funds that will be donated to the City of Hope Hospital. The proposed Toys for Tots Tournament is scheduled from Saturday, December 6, 2025, to Sunday, December 7, 2025, which collects toys that will be donated to the South El Monte Christmas Wish Toy Giveaway event.
At the January 9, 2024 City Council Meeting, the City Council approved an amended Facility Reservations Regulations and Fee Policy adding additional criteria to non-profit agencies in order to qualify to request a reservation fee waiver. The criteria specifies that the non-profit agencies:
• must have a South El Monte address registered in the state of California; and • must have "South EL Monte" in the name or title; and
• must have 25% participation of South El Monte residents.
However, the City Council approved that the amended provisions do not apply to the Brewers, making them eligible to request a reservation fee waiver.
If the Brewers request is granted, the Brewers must allow use of the fields to any South El Monte-based organization or program during their approved reservation time.
ATTACHMENT(S):
A. Brewers Reservation Cost Details
B. Brewers Facility Reservation Applications
C. Brewers Fee Waiver Request Letter
ATTACHMENT A
Waived Facility Rental Fees
Fee Description Units Total
Shively Park Reservation Fee $50/hour x 382 hours $19,100.00 New Temple Park Reservation Fee $50/hour x 280 hours $14,000.00 New Temple Park Reservation FeeBaseball Tournaments$50/hour x 46.5 hours $2,325.00 Total Waived Fees: $35,425.00
Non-Waived Fees
Light Fees Full Price Units Total
Shively Park Light Fee $30/hour x 233 hours $6,990.00
New Temple Park Light Fee $30/hour x 200 hours $6,000.00 New Temple Park Light Fee- Base
Ball Tournament
$50/hour x 19.5 hours $975.00
Total Light Fees: $13,965.00
Fee Description Units Total
New Temple Park Damage Deposit: $500.00 $500.00
Shively Park Damage Deposit: $500.00 $500.00
Total Damage Deposit Fees: $1,000.00
ATTACHMENT B
City of South El Monte Recreation Services Department
1530 Central Avenue, South El Monte, CA 91733
Phone: (626) 579-2043
www.ci.south-el-monte.ca.us
RECREATION SERVICES FACILITY & PARK
RENTAL APPLICATION AND AGREEMENT
**APPLICANT MUST BE PRESENT AT ALL TIMES DURING THE EVENT** **ALL EVENING PERMITS CONCLUDE AT 12:00 MIDNIGHT**
RESERVATION INFORMATION
FACILITY REQUESTED:
1. COMMUNITY CENTER 2. SENIOR CENTER 3. AQUATICS CENTER 4. PARKS ___ Kitchen ___ Dining Room ___ Main Pool Mary Van Dyke ___ Gymnasium ___ Arts and Craft Room ___ Wading Pool ___Community Room ___ Amphitheater ___ Game Room I ___ Locker Rooms ___ Gazebo ___ Dance Room ___ Game Room II New Temple
____________ Field
Shively Park
_____X_______ Field
Date of Event: March 3, 2025 to
June 28, 2025
Day(s): Monday to Saturdays Estimated
Attendance:
__100______
Purpose of Event/Function: Baseball Games and Practices Reservation Time Mon to Fri: 6:00 pm__ to 8:30 pm to
Reservation Time Saturday: _8:00 am_ to 6:00 pm__ Clean up Time: to Will the event be open to the public? Yes
Will there be entertainment? No If yes, what type?
______________________________________
Will food be served? No If yes, name of caterer?
I, the undersigned, on behalf of the above named organization/business, do hereby agree to indemnify and hold harmless the City of South El Monte and any of its officers, agents or employees from any liability, claim or legal action for damages resulting from or in any way arising out of this application and agreement and will agree to abide and enforce the Rules, Regulations and Policies governing the facility set forth by the City of South El Monte. Said organization/business will accept all responsibility for any damage to premises, furniture, equipment or grounds resulting from use of facility.
I have read, signed and agree to comply with the Facility Rules and Regulations.
Signature of Applicant: ______________________________________________ Date: ________________________ ---------------------------------------------------------------- OFFICE USE ONLY -------------------------------------------------------------------- APPROVED DENIED Recreation Services Designee _______________________ Date: ___________
APPLICANT INFORMATION
Name: Leo Briones Organization/Business: Montebello Brewers Baseball Inc.
Address: City: Zip Code:
Home Phone: Work Phone:
Cell Phone: Email:
City of South El Monte Recreation Services Department
APPLCIANT NAME: Montebello Brewers Baseball_________________ ______ DATE OF USE: 3/3/25 to 6/28/25____ FACILITY: Dean L. Shively Park Field _________
FACILITY FEE WORK SHEET
The following fee schedule applies to general use of the facility. The City of South El Monte, other governmental entities, and South El Monte-recognized Community Service/Non-Profit Organizations may be granted priority use and may be exempt from fees.
**IMPORTANT INFORMATION**
NO CONFETTI OF ANY SORT IS PERMITTED – SET-UP IS ON YOUR OWN NOTE: FLOORS ARE COVERED WITH CARPET
Field Rental Fee $ 50 Per Hour x 356 Hours $ 17,800.00
Light Fee $ 30 Per Hour x 210 Hours $ 6,300.00
Security Guard Fee $ __________x _______ # Guard (s) x ______ Hours $ NA Kitchen Fee $ NA
Clean Up Fee $ NA
Damage Deposit $ 500.00
Insurance Premium Certificate Agency will provide $ 0.00 Liquor Premiums $ Na
ABC Permit Agency will provide $ NA
TOTAL: $ 24,600.00
# of Round Tables: _________ Table and Chair Ratio
# of Rectangle Tables: _________ 8 inch Round Table = 8 chairs # of Chairs _________ 6x6 Rectangle Table = 8 chairs
BALANCE DUE DATE: _________________________
Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Security Deposit Refund: Invoice #:_______________
Full refund: Yes__________ No __________ Account#:________________ Reservation Info:
If No, reason:
_______________________________________________________________________________________ _______________________________________________________________________________________ Amount refunded: $____________ Warrant Request Made on: ______________
City of South El Monte Recreation Services Department
1530 Central Avenue, South El Monte, CA 91733
Phone: (626) 579-2043
www.ci.south-el-monte.ca.us
RECREATION SERVICES FACILITY & PARK
RENTAL APPLICATION AND AGREEMENT
**APPLICANT MUST BE PRESENT AT ALL TIMES DURING THE EVENT** **ALL EVENING PERMITS CONCLUDE AT 12:00 MIDNIGHT**
RESERVATION INFORMATION
FACILITY REQUESTED:
1. COMMUNITY CENTER 2. SENIOR CENTER 3. AQUATICS CENTER 4. PARKS ___ Kitchen ___ Dining Room ___ Main Pool Mary Van Dyke ___ Gymnasium ___ Arts and Craft Room ___ Wading Pool ___Community Room ___ Amphitheater ___ Game Room I ___ Locker Rooms ___ Gazebo ___ Dance Room ___ Game Room II New Temple
____________ Field
____________ Picnic Area
Shively Park
______x______ Field
____________ Picnic Area
Date of Event: July 7, 2025 to July
28, 2025
Day(s): Monday, Friday,
Saturday
Estimated
Attendance:
__100______
Purpose of Event/Function: Baseball Practices and Games Mondays and Fridays Time: 6:00 pm__ to 8:30 pm Set up Time: to Time Saturday and Sunday: 8:00 am to 6:00 pm Clean up Time: to Will the event be open to the public? Yes
Will there be entertainment? No If yes, what type? ______________________________________ Will food be served? Yes If yes, name of caterer?
Portable Stage needed? No
I, the undersigned, on behalf of the above named organization/business, do hereby agree to indemnify and hold harmless the City of South El Monte and any of its officers, agents or employees from any liability, claim or legal action for damages resulting from or in any way arising out of this application and agreement and will agree to abide and enforce the Rules, Regulations and Policies governing the facility set forth by the City of South El Monte. Said organization/business will accept all responsibility for any damage to premises, furniture, equipment or grounds resulting from use of facility.
I have read, signed and agree to comply with the Facility Rules and Regulations.
APPLICANT INFORMATION
Name: Leo Briones Organization/Business: Montebello Brewers Inc.
Address: City: Zip Code:
Home Phone: Work Phone:
Cell Phone: Email:
City of South El Monte Recreation Services Department
APPLCIANT NAME: Montebello Brewers Baseball______________________ ______ DATE OF USE: 7/7/25 to 12/28/25_ FACILITY: __Shively Park Field _________
FACILITY FEE WORK SHEET
The following fee schedule applies to general use of the facility. The City of South El Monte, other governmental entities, and South El Monte-recognized Community Service/Non-Profit Organizations may be granted priority use and may be exempt from fees.
**IMPORTANT INFORMATION**
NO CONFETTI OF ANY SORT IS PERMITTED – SET-UP IS ON YOUR OWN NOTE: FLOORS ARE COVERED WITH CARPET
Field Rental Fee $ 50 Per Hour x 26 Hours $ 1,300.00
Lighting Fee $ 30 Per Hour x 23 hours $ 690.00
Security Guard Fee $ __________x _______ # Guard (s) x ______ Hours $ NA Kitchen Fee $ NA
Clean Up Fee $ NA
Damage Deposit $ NA
Insurance Premium Certificate Agency will provide $ 0.00 Liquor Premiums $ NA
ABC Permit $ NA
TOTAL: $ 1,990.00
# of Round Tables: _________ Table and Chair Ratio
# of Rectangle Tables: _________ 8 inch Round Table = 8 chairs # of Chairs _________ 6x6 Rectangle Table = 8 chairs
BALANCE DUE DATE: _________________________
Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Security Deposit Refund: Invoice #:_______________
Full refund: Yes__________ No __________ Account#:________________ Reservation Info:
If No, reason:
_______________________________________________________________________________________ _______________________________________________________________________________________ Amount refunded: $____________ Warrant Request Made on: _____________
City of South El Monte Recreation Services Department
1530 Central Avenue, South El Monte, CA 91733
Phone: (626) 579-2043
www.ci.south-el-monte.ca.us
RECREATION SERVICES FACILITY & PARK
RENTAL APPLICATION AND AGREEMENT
**APPLICANT MUST BE PRESENT AT ALL TIMES DURING THE EVENT** **ALL EVENING PERMITS CONCLUDE AT 12:00 MIDNIGHT**
RESERVATION INFORMATION
FACILITY REQUESTED:
1. COMMUNITY CENTER 2. SENIOR CENTER 3. AQUATICS CENTER 4. PARKS ___ Kitchen ___ Dining Room ___ Main Pool Mary Van Dyke ___ Gymnasium ___ Arts and Craft Room ___ Wading Pool ___Community Room ___ Amphitheater ___ Game Room I ___ Locker Rooms ___ Gazebo ___ Dance Room ___ Game Room II New Temple
_____X_______ Field
Shively Park
____________ Field
Date of Event: August 4, 2025 to
December 5,2025
Day(s): Monday, Friday, and
Saturdays
Estimated
Attendance:
__100______
Purpose of Event/Function: Baseball Games and Practices Reservation Time Mon to Fri: 6:00 pm__ to 8:30 pm to
Reservation Time Saturday: _9:00 pm_ to 6:00 pm__ Clean up Time: to Will the event be open to the public? Yes
Will there be entertainment? No If yes, what type?
______________________________________
Will food be served? No If yes, name of caterer?
I, the undersigned, on behalf of the above named organization/business, do hereby agree to indemnify and hold harmless the City of South El Monte and any of its officers, agents or employees from any liability, claim or legal action for damages resulting from or in any way arising out of this application and agreement and will agree to abide and enforce the Rules, Regulations and Policies governing the facility set forth by the City of South El Monte. Said organization/business will accept all responsibility for any damage to premises, furniture, equipment or grounds resulting from use of facility.
I have read, signed and agree to comply with the Facility Rules and Regulations.
Signature of Applicant: ______________________________________________ Date: ________________________ ---------------------------------------------------------------- OFFICE USE ONLY -------------------------------------------------------------------- APPROVED DENIED Recreation Services Designee _______________________ Date: ___________
APPLICANT INFORMATION
Name: Leo Briones Organization/Business: Montebello Brewers Baseball Inc.
Address: City: Zip Code:
Home Phone: Work Phone:
Cell Phone: Email:
City of South El Monte Recreation Services Department
APPLCIANT NAME: Montebello Brewers Baseball______________________ ______ DATE OF USE: 8/4/25 to 12/5/25_ FACILITY: __New Temple Park Fields _________
FACILITY FEE WORK SHEET
The following fee schedule applies to general use of the facility. The City of South El Monte, other governmental entities, and South El Monte-recognized Community Service/Non-Profit Organizations may be granted priority use and may be exempt from fees.
**IMPORTANT INFORMATION**
NO CONFETTI OF ANY SORT IS PERMITTED – SET-UP IS ON YOUR OWN NOTE: FLOORS ARE COVERED WITH CARPET
Field Rental Fee $ 50 Per Hour x 280 Hours $ 14,000.00
Lighting Fee $ 30 Per Hour x 200 hours $ 6,000.00
Security Guard Fee $ __________x _______ # Guard (s) x ______ Hours $ NA Kitchen Fee $ NA
Clean Up Fee $ NA
Damage Deposit $500.00
Insurance Premium Certificate Agency will provide $ 0.00 Liquor Premiums $ NA
ABC Permit $ NA
TOTAL: $20,500.00
# of Round Tables: _________ Table and Chair Ratio
# of Rectangle Tables: _________ 8 inch Round Table = 8 chairs # of Chairs _________ 6x6 Rectangle Table = 8 chairs
BALANCE DUE DATE: _________________________
Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Security Deposit Refund: Invoice #:_______________
Full refund: Yes__________ No __________ Account#:________________ Reservation Info:
If No, reason:
_______________________________________________________________________________________ _______________________________________________________________________________________ Amount refunded: $____________ Warrant Request Made on: _____________
City of South El Monte Recreation Services Department
1530 Central Avenue, South El Monte, CA 91733
Phone: (626) 579-2043
www.ci.south-el-monte.ca.us
RECREATION SERVICES FACILITY & PARK
RENTAL APPLICATION AND AGREEMENT
**APPLICANT MUST BE PRESENT AT ALL TIMES DURING THE EVENT** **ALL EVENING PERMITS CONCLUDE AT 12:00 MIDNIGHT**
RESERVATION INFORMATION
FACILITY REQUESTED:
1. COMMUNITY CENTER 2. SENIOR CENTER 3. AQUATICS CENTER 4. PARKS ___ Kitchen ___ Dining Room ___ Main Pool Mary Van Dyke ___ Gymnasium ___ Arts and Craft Room ___ Wading Pool ___Community Room ___ Dance Room ___ Game Room II New Temple
_____X_______ Field
Shively Park
____________ Field
Date of Event: 10/17 to 10/19/25 Day(s)
:
Friday, Saturday, Sunday Estimated
Attendance:
__200______
Purpose of Event/Function: Striking Out Cancer Baseball Tournament Reservation Time Mon to Fri: 6:00 pm__ to 8:30 pm Sunday 9:00 am to 9:00 pm Reservation Time Saturday: _9:00 am_ to 9:00 pm__ Clean up Time: to Will the event be open to the public? Yes
Will there be entertainment? No If yes, what type?
______________________________________
Will food be served? No If yes, name of caterer?
I, the undersigned, on behalf of the above named organization/business, do hereby agree to indemnify and hold harmless the City of South El Monte and any of its officers, agents or employees from any liability, claim or legal action for damages resulting from or in any way arising out of this application and agreement and will agree to abide and enforce the Rules, Regulations and Policies governing the facility set forth by the City of South El Monte. Said organization/business will accept all responsibility for any damage to premises, furniture, equipment or grounds resulting from use of facility.
I have read, signed and agree to comply with the Facility Rules and Regulations.
Signature of Applicant: ______________________________________________ Date: ________________________ ---------------------------------------------------------------- OFFICE USE ONLY -------------------------------------------------------------------- APPROVED DENIED Recreation Services Designee _______________________ Date: ___________
APPLICANT INFORMATION
Name: Leo Briones Organization/Business: Montebello Brewers Baseball Inc.
Address: City: Zip Code:
Home Phone: Work Phone:
Cell Phone: Email:
City of South El Monte Recreation Services Department
APPLCIANT NAME: Montebello Brewers Baseball_________ ______ DATE OF USE: 10/17/25 to 10/19/25_ FACILITY: __New Temple Park Fields _________
FACILITY FEE WORK SHEET
The following fee schedule applies to general use of the facility. The City of South El Monte, other governmental entities, and South El Monte-recognized Community Service/Non-Profit Organizations may be granted priority use and may be exempt from fees.
**IMPORTANT INFORMATION**
NO CONFETTI OF ANY SORT IS PERMITTED – SET-UP IS ON YOUR OWN NOTE: FLOORS ARE COVERED WITH CARPET
Field Rental Fee $ 50 Per Hour x 26.5 Hours $ 1,325.00
Lighting Fee $ 30 Per Hour x 11.5 hours $ 345.00
Security Guard Fee $ __________x _______ # Guard (s) x ______ Hours $ NA Kitchen Fee $ NA
Clean Up Fee $ NA
Damage Deposit $
Insurance Premium Certificate Agency will provide $ 0.00 Liquor Premiums $ NA
ABC Permit $ NA
TOTAL: $1,670.00
# of Round Tables: _________ Table and Chair Ratio
# of Rectangle Tables: _________ 8 inch Round Table = 8 chairs # of Chairs _________ 6x6 Rectangle Table = 8 chairs
BALANCE DUE DATE: _________________________
Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Security Deposit Refund: Invoice #:_______________
Full refund: Yes__________ No __________ Account#:________________ Reservation Info:
If No, reason:
_______________________________________________________________________________________ _______________________________________________________________________________________ Amount refunded: $____________ Warrant Request Made on: _____________ City of South El Monte Recreation Services Department
1530 Central Avenue, South El Monte, CA 91733
Phone: (626) 579-2043
www.ci.south-el-monte.ca.us
RECREATION SERVICES FACILITY & PARK
RENTAL APPLICATION AND AGREEMENT
**APPLICANT MUST BE PRESENT AT ALL TIMES DURING THE EVENT** **ALL EVENING PERMITS CONCLUDE AT 12:00 MIDNIGHT**
RESERVATION INFORMATION
FACILITY REQUESTED:
1. COMMUNITY CENTER 2. SENIOR CENTER 3. AQUATICS CENTER 4. PARKS ___ Kitchen ___ Dining Room ___ Main Pool Mary Van Dyke ___ Gymnasium ___ Arts and Craft Room ___ Wading Pool ___Community Room ___ Dance Room ___ Game Room II New Temple
_____X_______ Field
Shively Park
____________ Field
Date of Event: 12/6 to 12/7/25 Day(s)
:
Friday, Saturday, Sunday Estimated
Attendance:
__200______
Purpose of Event/Function: Toys for Tots Baseball Tournament Reservation Time Mon to Fri: NA__ to NA Sunday 9:00 am to 9:00 pm Reservation Time Saturday: _9:00 am_ to 9:00 pm__ Clean up Time: to Will the event be open to the public? Yes
Will there be entertainment? No If yes, what type?
______________________________________
Will food be served? No If yes, name of caterer?
I, the undersigned, on behalf of the above named organization/business, do hereby agree to indemnify and hold harmless the City of South El Monte and any of its officers, agents or employees from any liability, claim or legal action for damages resulting from or in any way arising out of this application and agreement and will agree to abide and enforce the Rules, Regulations and Policies governing the facility set forth by the City of South El Monte. Said organization/business will accept all responsibility for any damage to premises, furniture, equipment or grounds resulting from use of facility.
I have read, signed and agree to comply with the Facility Rules and Regulations.
Signature of Applicant: ______________________________________________ Date: ________________________ ---------------------------------------------------------------- OFFICE USE ONLY -------------------------------------------------------------------- APPROVED DENIED Recreation Services Designee _______________________ Date: ___________
APPLICANT INFORMATION
Name: Leo Briones Organization/Business: Montebello Brewers Baseball Inc.
Address: City: Zip Code:
Home Phone: Work Phone:
Cell Phone: Email:
City of South El Monte Recreation Services Department
APPLCIANT NAME: Montebello Brewers Baseball_________ ______ DATE OF USE: 12/6/25 to 12/7/25_ FACILITY: __New Temple Park Fields _________
FACILITY FEE WORK SHEET
The following fee schedule applies to general use of the facility. The City of South El Monte, other governmental entities, and South El Monte-recognized Community Service/Non-Profit Organizations may be granted priority use and may be exempt from fees.
**IMPORTANT INFORMATION**
NO CONFETTI OF ANY SORT IS PERMITTED – SET-UP IS ON YOUR OWN NOTE: FLOORS ARE COVERED WITH CARPET
Field Rental Fee $ 50 Per Hour x 20 Hours $ 1,000.00
Lighting Fee $ 30 Per Hour x 8 hours $ 240.00
Security Guard Fee $ __________x _______ # Guard (s) x ______ Hours $ NA Kitchen Fee $ NA
Clean Up Fee $ NA
Damage Deposit $
Insurance Premium Certificate Agency will provide $ 0.00 Liquor Premiums $ NA
ABC Permit $ NA
TOTAL: $1,240.00
# of Round Tables: _________ Table and Chair Ratio
# of Rectangle Tables: _________ 8 inch Round Table = 8 chairs # of Chairs _________ 6x6 Rectangle Table = 8 chairs
BALANCE DUE DATE: _________________________
Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Deposit(s): Date: _____________Receipt # _____________Payment $ ____________Balance $ __________ Security Deposit Refund: Invoice #:_______________
Full refund: Yes__________ No __________ Account#:________________ Reservation Info:
If No, reason:
_______________________________________________________________________________________ _______________________________________________________________________________________ Amount refunded: $____________ Warrant Request Made on: _____________
CITY BUILDINGS POLICY AND PROCEDURES
City of South El Monte (“City”) Facilities may be used for recreation, social, educational, or governmental functions. The City reserves the right to cancel any reservation at a moment’s notice if the facility is needed by the City. However, reasonable effort will be made to relocate/reschedule the event. The City reserves the right of full access to all activities at any time during their occurrence to see that all rules, regulations, and City, State, and Federal Laws are not violated.
Facility use does not suggest City endorsement or sponsorship of any event. Applicant’s publicity of event shall clearly and accurately identify the name of the sponsoring organization or individual.
If any provision of this agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
APPLICATION PROCESS:
1. Applicant must be at least 21 years of age. Proof of residency for City residents is required at time of application.
2. A facility is not considered rented until (1) applicant delivers to the City the facility Rental Application and Agreement, rental fee, deposit(s), and any other items deemed necessary by the City; and (2) the City’s Recreation Department Supervisor or his/her designee in his/her sole discretion, approves such rental in writing.
3. The approval process takes a maximum of 14 working days. DO NOT advertise your event or print invitations prior to receiving written approval.
4. Reservations will not be accepted more than one year or less than 30 days in advance of date requested.
5. Time requested must include decorating, event and clean-up time.
6. Clean-up, Damage and Security deposits are due at time of application. Full fees must be paid 30 days prior to the event to avoid termination of application. Payments can be made by cash, check, money order, or credit card. Checks must be made payable to the “City of South El Monte”.
7. For events involving the general public, the applicant is required to procure Special Event Liability Insurance. The applicant shall furnish to the City appropriate certificates of public liability and property damage insurance in the amount of $1,000,000.00 naming the City as an additional insured under the policy. Such insurance shall be maintained and kept in force during all such times that the applicant uses the City Facilities. All insurance certificates required above shall provide that such certificates shall not be cancelled or materially changed without at least 30 days’ prior written notice to the City.
APPLICANT RESPONSIBILITIES:
1. Applicant must be present during the entire event.
2. All activities must cease, and the facility completely vacated by 1:00 a.m. Amplified music must be terminated no later than 12:00 a.m. (midnight).
3. The group must appear within 30 minutes of time specified or permit will be cancelled and all fees forfeited.
4. Applicant cannot exceed the number attending on the application.
5. Activities for minors must be supervised by responsible adults on the ration of at least one adult for every 20 minors.
6. Applicant must secure services of at least two private security guards for supervision of teenage (ages 13-20) events.
Security services will be added into total fees.
7. Groups using kitchen facilities shall furnish own dishes, silverware, cooking utensils, towels, soap, ice, serving trays, etc.
8. Applicant is responsible for facility clean-up. Facility must be left in a reasonably clean condition (as determined by the City) to receive a full deposit refund.
9. Applicant must conduct a walkthrough of the facility with staff prior to and at the conclusion of the event to review the condition of the facility. The Facility Condition Report must be signed to receive a deposit refund.
10. Applicant is responsible for the supervision of small children. They must remain in the reserved area.
DECORATIONS/SET-UP:
1. Staples, nails or any drilling are prohibited on all surfaces including walls, glass, tables, windows and doors.
2. The use of candles, open flame, smoke, bubble machines or fog machines is strictly prohibited.
3. All decorations must be removed by the applicant at the conclusion of the event.
4. Applicant is responsible for own set-up and tear down. City staff will assist with tear down of City owned tables and chairs only.
5. Hay and confetti of any sort are prohibited.
PROHIBITED:
1. No alcoholic beverages (unless proper permits are obtained) or illegal substances are permitted on City property.
Violation will result in the closure of the event and forfeiture of all fees.
2. Use of glass containers is prohibited at all facilities unless otherwise approved by the Recreation Services Supervisor or his/her designee.
3. Smoking is not permitted on City property.
4. No profane language or disorderly or unseemly conduct is permitted in any City facility.
PROHIBITED CONTINUED:
5. No advertisements, circulations or petitions, solicitations, nor entry fees are permitted without written approval from the City.
6. Guests may not take food into the hallways/restrooms or any other areas that are not rented.
7. No storage of private property is permitted on City premises.
8. City Facilities cannot be used for commercial purposes without written approval.
9. Bounce houses and petting zoos are not permitted on City facilities.
10. City equipment shall not be removed from any City facility.
11. No animals are permitted at the facility, with the exception of seeing-eye dogs, service animals, or animals pre-approved for use in special exhibits.
12. Applicant shall not admit a larger number of individuals than can lawfully, safely, and freely move about the facility.
13. Only D/J and small bands are allowed to play in the facility. Staff will determined appropriate volume levels.
14. The use of candles, open flame, smoke, bubble machines or fog machines is strictly prohibited.
REFUND OF SECURITY DEPOSIT:
1. Refund of security deposit will take approximately 2-6 weeks after the conclusion of your event, provided the City determines no deductions of the security deposit are necessary.
2. There will be a deduction from your security deposit for the following items: damage to floors, walls, or any other part of the facility, additional cleaning, repair or replacement, deviation from the rental agreement, extra staff time cost, or disturbances requiring law enforcement.
3. If Applicant violates any part of this agreement or reports false information to the City, the City may refuse applicant further use of the facility; and applicant shall forfeit a portion of or all of the rental fees and/or deposit.
CANCELLATION POLICY:
1. Reservations must be cancelled at least five days prior to event in order to receive full deposit refund
2. All other cancellations subject to a $25 administration fee.
CANCELLATION, RULES AND REGULATION POLICY
I, the undersigned applicant, have read, understood, received a copy of, and agree to abide by and enforce the cancellation, rules, regulations, and policies governing this facility as set forth by the City of South El Monte. I understand that by signing this document, I accept all responsibility for any damages to premises, furniture, equipment or grounds resulting from use of the facility. I further agree that any violation of the Facility Rules and Regulations can result in immediate cancellation of the reservation and forfeiture of all fees and deposits.
Applicant’s Signature: _________________________________________ Date: ______________________
ATTACHMENT C
City Council Agenda Report
Agenda Item No. 12.a.
DATE: January 14, 2025
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY:
SUBJECT: Mayor Gloria Olmos
1. For Southern California Edison to cruise and fix streetlights that are out.
2. Have Code Enforcement contact the owner of the Chaparrito Restaurant area to fix all burnt-out lights in the parking lot; it is extremely dark there.
3. Have Code Enforcement cruise the area and ensure all political signs are down.
RECOMMENDATION: Discussion and/or action.
SUMMARY:
RECOMMENDED ACTION:
FISCAL/FINANCIAL IMPACT:
DISCUSSION:
ATTACHMENT(S):
None
City Council Agenda Report
Agenda Item No. 12.b.
DATE: January 14, 2025
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY:
SUBJECT: Councilmember Larry Rodriguez
1. Consideration of establishing a Homelessness Commission.
2. Consideration of Implementing the Flags of Valor Memorial to City Events.
RECOMMENDATION: Discussion and/or action.
SUMMARY:
RECOMMENDED ACTION:
FISCAL/FINANCIAL IMPACT:
DISCUSSION:
ATTACHMENT(S):
None
City Council Agenda Report
Agenda Item No. 12.c.
DATE: January 14, 2025
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY:
SUBJECT: Councilmember Hector Delgado
1. Discussion/Action/Direction on considering changing city council meeting days to the first and third Tuesdays of the month.
2. Consideration/Action on support for the El Monte/South El Monte Emergency Resources Association request for funding.
3. Consideration/Action on support for South El Monte Beat the Streets Wrestling Program request for funding.
SUMMARY:
RECOMMENDED ACTION:
FISCAL/FINANCIAL IMPACT:
DISCUSSION:
ATTACHMENT(S):
A. ERA