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8.38.3.1.1 Subrecipient acknowledges County is required to verify directly with clients that they have
received the Services specified in this
Agreement and billed by Subrecipient to County.
Subrecipient must provide all client contact
information upon request.
8.38.3.1.2 Failure to provide client verification or other information as requested by County, or its
representatives, will be considered
noncompliance. Noncompliance penalties
include sanctioning, which may consist of
suspension, withholding of invoice payments
and/or disallowed costs, and all other rights
County reserves in noncompliance situations as
established in this Agreement, up to and
including termination.
8.38.3.2 County will monitor Subrecipient's Services provided under this Subaward on a regular basis and County may conduct unannounced site visits to ensure Subrecipient's compliance with this Subaward. County will summarize the results of the monitoring efforts in written reports, which will be supported with documented evidence of follow-up actions taken to
correct areas of non-compliance. Monitoring activities may include, but are not limited to interviewing Subrecipient employees and, when applicable, Clients; entering any
premises or any site in which any of the Services or activities funded are being conducted or in which any records of
Subrecipient are kept; etc. All information will be maintained in a confidential manner in accordance with any and all Federal, State, and local laws.
8.38.3.3 Subrecipient must be responsible for monitoring the activities of any approved Lower Tier Subrecipient(s) providing
Services under this Subaward. Subrecipient must conduct on-site fiscal and program monitoring reviews which must be documented and maintained on file according to the record retention requirements provided in this Subparagraph 8.38.
Subrecipient must ensure that Lower Tier Subrecipient(s) adheres to all requirements for correcting areas of noncompliance, and implements the corrective action plan which has been approved by Subrecipient.
8.38.4 Independent Audit Requirements
8.38.4.1 Title 45 Code of Federal Regulations Part 75.500 et seq. and Title 2 Code of Federal Regulations Part 200.500 et seq. requires that organizations which expend seven hundred fifty
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thousand dollars ($750,000) or more in a year in Federal awards, including pass-through awards, must obtain an
annual single audit. When Subrecipient's organization meets this requirement (as specified in Title 45 Code of Federal Regulations Part 75.500 et seq. and Title 2 Code of Federal Regulations Part 200.500 et seq.), Subrecipient must ensure that such audit will be conducted by an independent auditor in accordance with the requirements outlined in Title 45 Code of Federal Regulations Part 75.500 et seq. and Title 2 Code of Federal Regulations Part 200.500 et seq. (and any
amendments or supplements thereto). Subrecipient must
submit an audit engagement letter as confirmation of the audit to be conducted by the independent auditor and such letter must be submitted to County's Compliance Manager in the time and manner as directed by County. Upon auditor's completion of the single audit, Subrecipient must obtain both the data collection form and the reporting package (i.e., auditor's report), as described in Title 45 Code of Federal Regulations Part 75.500 et seq. and Title 2 Code of Federal Regulations Part 200.500 et seq., from the auditor for each audit period (i.e., each Fiscal Year or Program Year).
Subrecipient must submit a copy of the auditor's report to County's Compliance Manager within thirty (30) days after receipt of auditor's report but no later than nine (9) months following the end of the audit period.
8.38.4.2 When the requirements provided above for obtaining an annual audit do not apply to Subrecipient for any Fiscal Year (or Program Year), Subrecipient must make its records
available for review or audit by County and any of its duly authorized representatives (which may include State
authorities, Federal agencies (including, but not limited to, Comptroller of the United States, Office of the Inspector General and General Accounting Office) and/or any of their duly authorized representatives).Such review or audit may include but is not limited to financial audits, performance audits, evaluations, inspections, monitoring, etc. as
determined by County and/or by any other oversight agency that is responsible for overseeing Subaward Sums, the
Program and Services. Subrecipient must comply with the review and audit requirements which must be identified in writing by County and/or its duly authorized representatives.
8.38.4.3 In the event that an audit of Subrecipient is conducted specifically regarding this Subaward by any Federal or State auditor, or by any auditor or accountant employed by
Subrecipient or otherwise, then Subrecipient must file a copy of such audit report with County's Compliance Manager
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within thirty (30) days of Subrecipient's receipt thereof, unless otherwise provided by applicable Federal or State law or under this Subaward. Subject to applicable law, County will make a reasonable effort to maintain the confidentiality of such audit report(s).
8.38.4.4 If, at any time during the term of this Subaward or during the authorized retention period of this Subaward as noted in Subparagraph 8.38.1, representatives of County conduct an audit of Subrecipient regarding the Work performed under this Subaward, and if such audit finds that County's dollar liability for any such Work is less than payments made by County to Subrecipient, then the difference will be either: a) repaid by Subrecipient to County by cash payment upon
demand; or, b) at the sole option of County of Los Angeles Department of Auditor-Controller, deducted from any
amounts due to Subrecipient from County, whether under
this Subaward or otherwise. If such audit finds that County's dollar liability for such Work is more than the payments made by County to Subrecipient, then the difference will be paid to Subrecipient by County by cash payment, provided that in no event will County's maximum obligation for this Subaward exceed the funds appropriated by County for the purpose of this Subaward.
8.38.5 Failure to Comply with Requirements
8.38.5.1 Failure on the part of Subrecipient to comply with any of the provisions of this Subparagraph 8.38 will constitute a material breach of this Subaward upon which County may terminate or suspend this Subaward.
8.39 RECYCLED BOND PAPER
8.39.1 Consistent with the Board policy to reduce the amount of solid waste deposited at Los Angeles County landfills, Subrecipient agrees to use recycled-content paper to the maximum extent possible on this Subaward.
8.40 LOWER TIER SUBAWARD
8.40.1 Subrecipient will not delegate the requirements of this Subaward to a thirdparty ("Lower Tier Subrecipient") without the advance written approval of County. Any attempt by Subrecipient to enter into a Lower Tier Subaward for that purpose without the prior written consent of County will be deemed a material breach of this Subaward. Subrecipient must provide a draft copy of the proposed Lower Tier Subaward to County's Contract Manager, and must allow County up to sixty (60) days to complete its review process. As such, Subrecipient must ensure that it provides the Lower Tier Subaward to County well in advance of its intended date to execute the Lower Tier
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Subaward (i.e., in order for Subrecipient to meet its target date for executing the Lower Tier Subaward, Subrecipient must factor up to sixty (60) days into its timeline to account for County's review process).
8.40.2 If Subrecipient desires to enter into a Lower Tier Subaward for the purpose of delegating any of the requirements of this Subaward, Subrecipient must complete Exhibit T (List of Lower Tier Subawards) and at County's request must promptly provide the following information either on or along with Exhibit T (List of Lower Tier Subawards):
8.40.2.1 Lower Tier Subrecipient's name and contact information; a description of the Work to be performed by Lower Tier
Subrecipient; Lower Tier Subaward number; and Lower Tier Subaward amount.
8.40.2.2 A draft copy of the proposed Lower Tier Subaward.
8.40.2.3 Other pertinent information and/or certifications requested by County.
8.40.3 Subrecipient must indemnify, defend, and hold County harmless with respect to the activities of each and every Lower Tier Subrecipient in the same manner and to the same degree as if such Lower Tier Subrecipient(s) was Subrecipient's employee.
8.40.4 Subrecipient will remain fully responsible for all performances required of it under this Subaward, including those that Subrecipient has determined to grant through a Lower Tier Subaward, notwithstanding County's approval of Subrecipient's proposed Lower Tier Subaward.
8.40.5 County's consent to allow Subrecipient to enter into a Lower Tier Subaward with a third-party will not waive County's right to prior and continuing approval of any and all personnel, including Lower Tier Subrecipient employees, providing Services under this Subaward.
Subrecipient is responsible for notifying any approved Lower Tier Subrecipients of this County right.
8.40.6 County's Contract Manager is authorized to act for and on behalf of County with respect to approval of any Lower Tier Subaward and Lower Tier Subrecipient employees. After County's approval of the Lower Tier Subaward, Subrecipient must forward a copy of the fully executed Lower Tier Subaward to County's Contract Manager within five (5) days of its execution.
8.40.7 Subrecipient will be solely liable and responsible for all payments or other compensation to all Lower Tier Subrecipients and their officers, employees, agents, and successors in interest arising through Services performed hereunder, notwithstanding County's consent to allow Subrecipient to enter into such Lower Tier Subaward(s).
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8.40.8 Subrecipient must obtain current valid certificates of insurance, which establish that each Lower Tier Subrecipient maintains all the programs of insurance required by County in accordance with Subparagraph 8.24.9 (Lower Tier Subrecipient Insurance Coverage Requirements). In addition to meeting the requirements noted in Subparagraph 8.24 (General Provisions for All Insurance Coverage) and Subparagraph 8.25 (Insurance Coverage), such certificates of insurance must also indicate the Lower Tier Subaward number for each Lower Tier Subrecipient. Before any Lower Tier Subrecipient employee performs any Work hereunder, Subrecipient must ensure delivery of all such documents to County's Contract Manager or designee.
8.40.9 Amending a Lower Tier Subaward may be initiated by either Subrecipient or County. When an amendment is initiated by County, County will outline the reason(s) for the amendment and Subrecipient must comply with County's request. All Lower Tier Subaward amendments are subject to review and must be approved in writing by County before they are executed. Subrecipient must provide a draft copy of the proposed amendment to County's Contract Manager, and must allow County up to thirty (30) days to complete its review process. After County's approval of Subrecipient's amendment, Subrecipient must forward a copy of the fully executed amendment to County's Contract Manager within five (5) days of its execution.
8.40.10 Subrecipient must adhere to all applicable Federal, State and/or County requirements for the procurement of a Lower Tier Subrecipient(s) and/or vendor services using Subaward Sums.
8.40.11 In the event County approves Subrecipient's request to delegate any part of the requirements of this Subaward through a Lower Tier Subaward, all applicable provisions, and requirements of this Subaward must be made applicable to such Lower Tier Subaward. To this end, Subrecipient must include the following provision in the Lower Tier Subaward: This agreement is a Lower Tier Subaward under the terms of a prime Subaward (identified as Subaward Number ENP242509) with County of Los Angeles Aging and Disabilities Department and will be subject to all of the provisions of such prime Subaward. All representations and warranties under this Lower Tier Subaward must inure to the benefit of County of Los Angeles.
8.40.12 Pursuant to the provisions of this Subaward, County has the right to review and consent (or not consent) to Subrecipient's use of Lower Tier Subrecipients that have been procured in compliance with State and/or federal guidelines applicable to the funding source(s) identified in Subparagraph 5.1.2 (Funding Allocations). County's approval of the proposed Lower Tier Subaward will not be deemed as validation of the procurement method used by Subrecipient, and only reflects County's approval as to the form of the Lower Tier Subaward terms and conditions as well as the services being provided under such agreement.
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8.40.13 When entering into a Lower Tier Subaward with a qualified organization, Subrecipient must maintain documentation that supports/justifies the procurement method and evaluation process used by Subrecipient to select the qualified vendor for a Lower Tier Subaward. County's continuing consent to a Lower Tier Subaward is contingent upon Subrecipient's assurance that the procurement process was compliant with the requirements noted herein as well as all other Subaward requirements, and that the Lower Tier Subrecipient continues to retain staff and infrastructure experienced with providing the necessary services.
8.40.14 This Subaward and any approved Lower Tier Subaward are subject to monitoring and/or review by County, State, and/or federal funding authorities. If Subrecipient executes a Lower Tier Subaward that is deemed non-compliant with the requirements of this Subaward or applicable federal, State, or County regulations, any costs incurred under that Lower Tier Subaward may be disallowed, resulting in Subrecipient's liability to County for the repayment of any charged costs and/or not being reimbursed for any of those incurred costs yet to be billed.
8.40.15 Subrecipient must ensure that any approved Lower Tier Subrecipient(s) complies with the requirements of California Public Contract Code Section 2010 by submitting a completed Exhibit L (California Civil Rights Laws Certification) for Lower Tier Subrecipient(s) as a condition of executing this Subaward.
8.41 TERMINATION FOR BREACH OF WARRANTY TO MAINTAIN COMPLIANCE
WITH COUNTY'S CHILD SUPPORT COMPLIANCE PROGRAM
8.41.1 Failure of Subrecipient (that is, "Contractor") to maintain compliance with the requirements set forth in Subparagraph 8.14 (Contractor's Warranty of Adherence to County's Child Support Compliance Program), will constitute default under this Subaward (that is, "Contract"). Without limiting the rights and remedies available to County under any other provision of this Contract, failure of Contractor to cure such default within ninety (90) calendar days of written notice will be grounds upon which County may terminate this Contract pursuant to Subparagraph 8.43 (Termination for Default) and pursue debarment of Contractor, pursuant to County Code Chapter 2.202.
8.42 TERMINATION FOR CONVENIENCE
8.42.1 County may terminate this Subaward, in whole or in part, from time to time or permanently, when such action is deemed by County, in its sole discretion, to be in its best interest. Termination of Work hereunder will be effected by notice of termination to Subrecipient specifying the extent to which performance of Work is terminated and the date upon which such termination becomes effective. The date upon which such termination becomes effective will be no less than thirty (30) calendar days after the notice is sent.
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8.42.2 After receipt of a notice of termination and except as otherwise directed by County, Subrecipient must:
8.42.2.1 Stop Work under this Subaward on the date and to the extent specified in such notice;
8.42.2.2 Complete performance of such part of the Work as would not have been terminated by such notice;
8.42.2.3 Transfer title and deliver to County all completed Work and Work in progress.
8.42.3 All material including books, records, documents, or other evidence bearing on the costs and expenses of Subrecipient under this Subaward must be maintained by Subrecipient in accordance with Subparagraph
8.38 (Record Retention, Inspection and Audit Settlement).
8.43 TERMINATION FOR DEFAULT
8.43.1 County may, by written notice to Subrecipient, terminate the whole or any part of this Subaward, if, in the judgment of County:
8.43.1.1 Subrecipient has materially breached this Subaward; or
8.43.1.2 Subrecipient fails to timely provide and/or satisfactorily perform any task, deliverable, Service, or other work required under this Subaward; or
8.43.1.3 Subrecipient fails to demonstrate a high probability of timely fulfillment of performance requirements under this Subaward, or of any obligations of this Subaward and in either case, fails to demonstrate convincing progress toward a cure within five (5) business days (or such longer period as County may
authorize in writing) after receipt of written notice from County specifying such failure.
8.43.2 In the event that County terminates this Subaward in whole or in part as provided in Subparagraph 8.43.1, County may procure, upon such terms and in such manner as County may deem appropriate, goods and Services similar to those so terminated. Subrecipient will be liable to County for any and all excess costs incurred by County, as determined by County, for such similar goods and Services. Subrecipient will continue the performance of this Subaward to the extent not terminated under the provisions of this Subparagraph 8.43.
8.43.3 Except with respect to defaults of any Lower Tier Subrecipient, Subrecipient will not be liable for any such excess costs of the type identified in Subparagraph 8.43.2 if its failure to perform this Subaward arises out of causes beyond the control and without the fault or negligence of Subrecipient. Such causes may include, but are not limited to acts of
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nature or of the public enemy, acts of County in either its sovereign or contractual capacity, acts of Federal or State governments in their sovereign capacities, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather; but in every case, the failure to perform must be beyond the control and without the fault or negligence of Subrecipient. If the failure to perform is caused by the default of a Lower Tier Subrecipient, and if such default arises out of causes beyond the control of both Subrecipient and Lower Tier Subrecipient, and without the fault or negligence of either of them, Subrecipient will not be liable for any such excess costs for failure to perform, unless the goods or Services to be furnished by the Lower Tier Subrecipient were obtainable from other sources in sufficient time to permit Subrecipient to meet the required performance schedule. As used in this Subparagraph 8.43, the term "Lower Tier Subrecipient(s)" means Lower Tier Subrecipient(s) at any tier.
8.43.4 If, after County has given notice of termination under the provisions of this Subparagraph 8.43, it is determined by County that Subrecipient was not in default under the provisions of this Subparagraph 8.43, or that the default was excusable under the provisions of subparagraph 8.43.3, the rights and obligations of the parties will be the same as if the notice of termination had been issued pursuant to Subparagraph 8.42 (Termination for Convenience).
8.43.5 The rights and remedies of County provided in this Subparagraph 8.43, will not be exclusive and are in addition to any other rights and remedies provided by law or under this Subaward.
8.44 TERMINATION FOR IMPROPER CONSIDERATION
8.44.1 County may, by written notice to Subrecipient (that is "Contractor"), immediately terminate the right of Contractor to proceed under this Subaward (that is, "Contract") if it is found that consideration, in any form, was offered or given by Contractor, either directly or through an intermediary, to any County officer, employee, or agent with the intent of securing this Contract or securing favorable treatment with respect to the award, amendment, or extension of this Contract or the making of any determinations with respect to Contractor's performance pursuant to this Contract. In the event of such termination, County will be entitled to pursue the same remedies against Contractor as it could pursue in the event of default by Contractor.
8.44.2 Contractor must immediately report any attempt by a County officer, employee, or agent to solicit such improper consideration. The report must be made to Los Angeles County Fraud Hotline at (800) 544-6861 or https://fraud.lacounty.gov/.
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8.44.3 Among other items, such improper consideration may take the form of cash, discounts, services, the provision of travel or entertainment, or tangible gifts.
8.45 TERMINATION FOR INSOLVENCY
8.45.1 County may terminate this Subaward forthwith in the event of the occurrence of any of the following:
8.45.1.1 Insolvency of Subrecipient. Subrecipient will be deemed to be insolvent if it has ceased to pay its debts for at least sixty (60) days in the ordinary course of business or cannot pay its debts as they become due, whether or not a petition has been filed under the Federal Bankruptcy Code and whether or not Subrecipient is insolvent within the meaning of the Federal Bankruptcy Code;
8.45.1.2 The filing of a voluntary or involuntary petition regarding Subrecipient under the Federal Bankruptcy Code;
8.45.1.3 The appointment of a Receiver or Trustee for Subrecipient; or
8.45.1.4 The execution by Subrecipient of a general assignment for the benefit of creditors.
8.45.2 The rights and remedies of County provided in this Subparagraph 8.45 will not be exclusive and are in addition to any other rights and remedies provided by law or under this Subaward.
8.46 TERMINATION FOR NON - ADHERENCE OF COUNTY LOBBYIST ORDINANCE
8.46.1 Subrecipient (that is, "Contractor") and each County Lobbyist or County Lobbying firm, as defined in Los Angeles County Code Section 2.160.010, retained by Contractor must fully comply with County's Lobbyist Ordinance, Los Angeles County Code Chapter 2.160. Failure on the part of Contractor or any County Lobbyist or County Lobbying firm retained by Contractor to fully comply with County's Lobbyist Ordinance will constitute a material breach of this Subaward (that is, "Contract"), upon which County may in its sole discretion, immediately terminate or suspend this Contract.
8.47 TERMINATION FOR NON - APPROPRIATION OF FUNDS
8.47.1 Notwithstanding any other provision of this Subaward, County will not be obligated for Subrecipient's performance hereunder or by any provision of this Subaward during any of County's future Fiscal Years unless and until County's Board appropriates funds for this Subaward in County's budget for each such future Fiscal Year. In the event that funds are not appropriated for this Subaward, then this Subaward will terminate as of June 30 of the last Fiscal Year for which funds were appropriated. County
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will notify Subrecipient in writing of any such non-allocation of funds at the earliest possible date.
8.48 VALIDITY
8.48.1 If any provision of this Subaward or the application thereof to any person or circumstance is held invalid, the remainder of this Subaward and the application of such provision to other persons or circumstances will not be affected thereby.
8.49 WAIVER
8.49.1 No waiver by County of any breach of any provision of this Subaward will constitute a waiver of any other breach or of such provision. Failure of County to enforce at any time, or from time to time, any provision of this Subaward will not be construed as a waiver thereof. The rights and remedies set forth in this Subparagraph 8.49, will not be exclusive and are in addition to any other rights and remedies provided by law or under this Subaward.
8.50 WARRANTY AGAINST CONTINGENT FEES
8.50.1 Subrecipient warrants that no person or selling agency has been employed or retained to solicit or secure this Subaward upon any agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by Subrecipient for the purpose of securing business.
8.50.2 For breach of this warranty, County will have the right to terminate this Subaward and, at its sole discretion, deduct from the Subaward Sum or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.
8.51 WARRANTY OF COMPLIANCE WITH COUNTY'S DEFAULTED PROPERTY TAX
REDUCTION PROGRAM
8.51.1 Subrecipient acknowledges that County has established a goal of ensuring that all individuals and businesses that benefit financially from County through contract are current in paying their property tax obligations (secured and unsecured roll) in order to mitigate the economic burden otherwise imposed upon County and its taxpayers. Unless Subrecipient qualifies for an exemption or exclusion, Subrecipient warrants and certifies that to the best of its knowledge it is now in compliance, and during the term of this Subaward will maintain compliance, with Los Angeles County Code Chapter 2.206.
Prior to the commencement of this Subaward, Subrecipient will complete Exhibit V (Certification of Compliance with County’s Defaulted Property Tax Reduction Program) and submit it to County’s Contract Analyst in the time and manner as designated by County.
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8.52 TERMINATION FOR BREACH OF WARRANTY TO MAINTAIN COMPLIANCE
WITH COUNTY' S DEFAULTED PROPERTY TAX REDUCTION PROGRAM
8.52.1 Failure of Subrecipient to maintain compliance with the requirements set forth in Subparagraph 8.51 (Warranty of Compliance with County's Defaulted Property Tax Reduction Program), will constitute default under this Subaward. Without limiting the rights and remedies available to County under any other provision of this Subaward, failure of Subrecipient to cure such default within ten (10) days of notice will be grounds upon which County may terminate this Subaward and/or pursue debarment of Subrecipient, pursuant to Los Angeles County Code Chapter 2.206. Prior to the commencement of this Subaward, Subrecipient must complete Exhibit V (Certification of Compliance with County’s Defaulted Property Tax Reduction Program) and submit it to County’s Contract Manager in the time and manner as designated by County.
8.53 TIME OFF FOR VOTING
8.53.1 Subrecipient must notify and provide its employees, and must require each Lower Tier Subrecipient to notify and provide its employees, information regarding the time off for voting law pursuant to California Elections Code Section 14000. Not less than ten (10) days before every statewide election, Subrecipient and any approved Lower Tier Subrecipient(s) must keep posted conspicuously at the place of work, if practicable, or elsewhere where it can be seen as employees come or go to their place of work, a notice setting forth the provisions of Section 14000.
8.54 COMPLIANCE WITH COUNTY'S ZERO TOLERANCE HUMAN TRAFFICKING POLICY
8.54.1 Subrecipient (that is, "Contractor") acknowledges that County has established a Zero Tolerance Human Trafficking Policy which prohibits Contractor and member of Contractor's staff from engaging in human trafficking.
8.54.2 If Contractor or member of Contractor's staff is convicted of a human trafficking offense, County will require that Contractor or member of Contractor's staff be removed immediately from performing Services under this Subaward (that is, "Contract"). County will not be under any obligation to disclose confidential information regarding the offense(s) other than those required by law.
8.54.3 Disqualification of Contractor or member of Contractor's staff pursuant to this Subparagraph 8.54 will not relieve Contractor of its obligation to complete all Work in accordance with the terms and conditions of this Contract.
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8.55 INTENTIONALLY OMITTED
8.56 COMPLIANCE WITH FAIR CHANCE EMPLOYMENT PRACTICES
8.56.1 Subrecipient (that is, "Contractor"), and its Lower Tier Subrecipient(s) must comply with fair chance employment hiring practices set forth in California Government Code Section 12952. Contractor's violation of this Subparagraph 8.56 may constitute a material breach of this Subaward (that is, "Contract"). In the event of such material breach, County may, in its sole discretion, terminate this Contract.
8.57 COMPLIANCE WITH COUNTY POLICY OF EQUITY
8.57.1 Subrecipient acknowledges that County takes its commitment to preserving the dignity and professionalism of the workplace very seriously, as set forth in County Policy of Equity (CPOE) (https://ceop.lacounty.gov/).
Subrecipient further acknowledges that County strives to provide a workplace free from discrimination, harassment, retaliation, and inappropriate conduct based on a protected characteristic, and which may violate the CPOE. Subrecipient, its employees and Lower Tier Subrecipient(s) acknowledge and certify receipt and understanding of the CPOE. Failure of Subrecipient, its employees or any approved Lower Tier Subrecipient(s) to uphold County's expectations of a workplace free from harassment and discrimination, including inappropriate conduct based on a protected characteristic, may subject Subrecipient to termination of contractual agreements as well as civil liability.
8.58 PROHIBITION FROM PARTICIPATION IN FUTURE SOLICITATION(S)
8.58.1 A Proposer, or a Subrecipient (that is, "Contractor") or its subsidiary or Lower Tier Subrecipient (that is, "Subcontractor") ("Proposer/Contractor"), is prohibited from submitting a bid or proposal in a County solicitation if Proposer/Contractor has provided advice or consultation for the solicitation. A Proposer/Contractor is also prohibited from submitting a bid or proposal in a County solicitation if Proposer/Contractor has developed or prepared any of the solicitation materials on behalf of County. A violation of this provision will result in the disqualification of Proposer/Contractor from participation in County solicitation or the termination or cancellation of any resultant County contract.
8.59 INJURY AND ILLNESS PREVENTION PROGRAM
8.59.1 Subrecipient will be required to comply with the State of California’s Cal OSHA’s regulations. California Code of Regulations Title 8 Section 3203 requires all California employers to have a written, effective Injury and Illness Prevention Program (IIPP) that addresses hazards pertaining to the particular workplace covered by the program.
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8.60 CAMPAIGN CONTRIBUTION PROHIBITING FOLLOWING FINAL DECISION IN
SUBAWARD PROCEEDING
8.60.1 Pursuant to Government Code Section 84308, Subrecipient and its Lower Tier Subrecipients, are prohibited from making a contribution of more than $250 to a County officer for twelve (12) months after the date of the final decision in the proceeding involving this Subaward. Failure to comply with the provisions of Government Code Section 84308 and of this subparagraph, may be a material breach of this Subaward as determined in the sole discretion of the County.
9.0 NIQUE TERMS AND CONDITIONS
9.1 ALLEGATIONS OF FRAUD AND/OR ABUSE
9.1.1 Fraud Prevention Reporting
9.1.1.1 Subrecipient's staff working on this Subaward must immediately report all suspected or actual instances of fraud as designated in Exhibit Q (Accounting, Administration and Reporting
Requirements).
9.1.2 Child Abuse Reporting
9.1.2.1 Subrecipient's staff working on this Subaward must comply with the Child Abuse and Neglect Reporting Act (California Penal Code (PC) Section 11164 et seq.), and must report all known and suspected instances of child abuse to an
appropriate child protective agency, as mandated by the referenced Penal Code. Additionally, Subrecipient's staff working on this Subaward must also report such abuse to the County of Los Angeles Department of Children and Family Services by calling the hotline at (800) 540-4000 within twenty-four (24) hours of discovering or suspecting the abuse.
Subrecipient's staff must submit all required information to the appropriate authorities in accordance with PC Sections 11166 and 1116
9.1.3 Elder and Dependent Adult Abuse R7.eporting
9.1.3.1 Subrecipient's staff working on this Subaward must comply with the Elder Abuse and Dependent Adult Civil Protection Act (California Welfare and Institutions Code (WIC) Section 15600 et seq.), and must report all known or suspected
instances of physical abuse of elders and dependent adults either to an appropriate County adult protective services agency or to a local law enforcement agency, as mandated by the referenced Welfare and Institutions Code.
Subrecipient's staff working on this Subaward must report the
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abuse and must submit all required information in
accordance with WIC Sections 15630, 15633 and 15633.5.
9.1.4 Withholding of Payment
9.1.4.1 In the event that allegations of fraud and/or abuse are levied against Subrecipient or any individual or entity performing Work under this Subaward on behalf of Subrecipient, County reserves the right to withhold either ten percent (10%) of the Subaward Sum allocated for any Fiscal Year under this
Subaward or the entire amount of the final year-end invoice, whichever is greater, until a determination is issued in writing by County that withheld funds will be released to Subrecipient.
For purposes of this Subaward, fraud and abuse will include but are not limited to the following: misapplication of funds; embezzlement; forgery; theft; solicitation and receipt of bribes; falsification of records; inauditable records;
unsupported or undocumented Subaward expenditures;
inaccurate fiscal and/or Program reports; misuse of fixed assets or non-fixed assets purchased with Subaward Sums (when the procurement of such assets are authorized in this Subaward); violation of conflict of interest requirements; etc.
9.2 AMERICANS WITH DISABILITIES ACT (ADA)
9.2.1 Subrecipient must abide by all applicable Federal, State, and local laws including the Americans with Disabilities Act (ADA) and its requirement to provide reasonable accommodations and auxiliary aids or services, unless compliance with the ADA would place an undue financial burden on, or would fundamentally alter the nature of, Subrecipient's operations.
Subrecipient must submit demonstrable evidence of such undue financial burden to County in such circumstances.
9.3 CONTRACTOR'S CHARITABLE ACTIVITIES COMPLIANCE
9.3.1 The Supervision of Trustees and Fundraisers for Charitable Purposes Act regulates entities receiving or raising charitable contributions. The "Nonprofit Integrity Act of 2004" (Senate Bill 1262, Chapter 919) increased Charitable Purposes Act requirements. By requiring Subrecipient (that is, "Contractor") to complete Exhibit J (CharitableContributions Certification), County seeks to ensure that all County contractors which receive or raise charitable contributions comply with California law in order to protect Los Angeles County and its taxpayers. When Contractor receives or raises charitable contributions without complying with its obligations under California law, Contractor commits a material breach subjecting it to termination of this Subaward (that is, "Contract"), debarment proceedings or both (County Code Chapter 2.202). Prior to the commencement of this Contract, Contractor must submit the completed Exhibit J (Charitable
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Contributions Certification) to County's Contract Manager in the time and manner as designated by County.
9.4 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (HIPAA)
9.4.1 County is subject to the Administrative Simplification requirements and prohibitions of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 ("HIPAA"), and regulations promulgated thereunder, including the Privacy, Security, Breach Notification, and Enforcement Rules which are outlined in Title 45 Code of Federal Regulations Sections 160 and 164 (collectively "HIPAA Rules"). Under this Subaward, Subrecipient provides Services to County and Subrecipient creates, has access to, receives, maintains, or transmits Protected Health Information as defined in Exhibit I (Business Associate Agreement Under the Health Insurance Portability and Accountability Act of 1996 (HIPAA)) in order to provide those Services. County and Subrecipient therefore agree to the terms of Exhibit I (Business Associate Agreement Under the Health Insurance Portability and Accountability Act of 1996 (HIPAA)).
9.5 FIXED ASSETS, NON-FIXED ASSETS AND SUPPLIES
9.5.1 Subrecipient may use Subaward Sums to purchase Fixed Assets, NonFixed Assets and Supplies, which are defined in Exhibit S (Purchase, Inventory and Disposal Requirements for Fixed Assets, Non-Fixed Assets and Supplies) contingent upon County's prior approval. Subrecipient must adhere to the purchase, inventory and disposal requirements for all Fixed Assets, Non-Fixed Assets and Supplies purchased with Subaward Sums, as provided by Federal and State regulations as well as the requirements outlined in Exhibit S (Purchase, Inventory and Disposal Requirements for Fixed Assets, Non-Fixed Assets and Supplies).
9.5.2 This Subaward involves the furnishing of equipment, materials and/or supplies. As such, it is unlawful for Subrecipient when engaged in business within the State to use any article or product as a "loss leader" as defined in the Business and Professions Code Section 17030.
9.6 LIMITATION ON CORPORATE ACTS
9.6.1 Subrecipient must not amend its articles of incorporation or bylaws, move to dissolve, or transfer any assets obtained using Subaward Sums, or take any other steps which may materially affect the performance of this Subaward without first notifying County in writing no less than thirty (30) days prior to said action. Subrecipient must notify County's Contract Manager immediately in writing of any change in Subrecipient's corporate name.
9.6.2 If, in County's sole discretion, the steps taken by Subrecipient are determined to materially affect Subrecipient's performance of this
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Subaward, County may, at its sole discretion, take any (or all) of the following actions:
9.6.2.1 Require Subrecipient to remedy the areas that affect Subrecipient's ability to perform its obligations under this Subaward.
9.6.2.2 Suspend Subrecipient from performing (and receiving payment for) Subaward tasks until a remedy has been
reached.
9.6.2.3 Terminate this Subaward pursuant to Subparagraph 8.43 (Termination for Default).
9.7 INTENTIONALLY OMITTED
9.8 MANDATORY REQUIREMENT TO REGISTER ON COUNTY'S WEBVEN
9.8.1 Subrecipient represents and warrants that it has registered in Los Angeles County's vendor registration system ("WebVen"). The WebVen contains Subrecipient's business profile and identifies the goods/services being provided by Subrecipient. Subrecipient must ensure that it updates its vendor profile whenever changes occur to Subrecipient's operations by accessing the WebVen site located on-line at:
http://camisvr.co.la.ca.us/webven/. County will use the data obtained from Subrecipient's WebVen profile to ensure that Subrecipient's information is consistent with Subaward records (e.g., Subrecipient's legal name, as reflected in its WebVen profile, will be used in all Subaward documents).
9.9 MODIFICATIONS
9.9.1 Modifications to this Subaward
9.9.1.1 This Subaward fully expresses the agreement of the parties.
Any modification to this Subaward must be by means of a separate written document approved by County. No oral
conversation between any officer, employee or agent of the parties must modify or otherwise amend this Subaward in any way. For purposes of this Subparagraph 9.9, a
Modification:
9.9.1.1.1 Is a mechanism that allows Subrecipient to
revise its Budget(s) or Services during the
Fiscal Year or Program Year without adversely
affecting Subrecipient's ability to fulfill its
obligations under this Subaward (i.e., such
Modification must not materially change
Subrecipient's obligation to provide the Services
outlined in Exhibit A (Statement of Work and
Attachments)).
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9.9.1.1.2 Allows Subrecipient to fully utilize Subaward Sums to fulfill the requirements of this
Subaward and adequately cover the provision
of Services.
9.9.1.1.3 Is approved by County in writing, must be in the best interests of County and Subrecipient must
adhere to it in its entirety.
9.9.1.2 Any Modification, as described below, will not change the terms, goals, or requirements of this Subaward. Such
Modification provides Subrecipient some flexibility to operate within the terms of this Subaward in order to fully utilize Subaward Sums and to achieve Subrecipient's performance goals. Subrecipient's request for Modifications, either budgetary or programmatic, must be submitted in writing to either County's Contract Manager or County's Program
Manager, respectively. Subrecipient must not request a
Modification during the first quarter and during the last two (2) months of the current Fiscal Year or Program Year (except where a written waiver is requested by Subrecipient and granted by County).
9.9.2 Budget Modifications
9.9.2.1 The movement of funds within an approved Budget(s) from one line item to another line item is classified as a Budget Modification. For the entirety of any Fiscal Year or Program Year, a Budget Modification must not exceed twenty percent (20%) of the baseline amount allocated to the line items being modified (i.e., Subrecipient's movement of funds among line items must not cause one line item to be reduced or
increased by more than twenty percent (20%) of its baseline amount). For purposes of this Subparagraph 9.9, baseline is defined as the original amount allocated at the beginning of a Fiscal Year or Program Year; for Fiscal Years or Program Years following the first Fiscal Year or Program Year, such amount may differ from what is reflected in the original Subaward. A Budget Modification will not change the
Subaward Sum allocated for any Fiscal Year or Program
Year under this Subaward. Subrecipient must notify County's Contract Manager in writing to request authorization prior to submitting a Budget Modification. On the date County
approves a Budget Modification, such Budget Modification must supersede any prior Budget Modification(s) approved by County within the same Fiscal Year or Program Year (i.e., when Subrecipient's Budget Modification number two (2) is approved by County, it becomes effective upon the approval
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date and Subrecipient's Budget Modification number one (1) is no longer effective as of that same date).
9.9.3 Program Modifications
9.9.3.1 The movement of Services from one Service category (as defined in Exhibit A (Statement of Work and Attachments)) to another is classified as a Program Modification. Subrecipient must notify County's Program Manager in writing to request authorization prior to submitting a Program Modification. On the date County approves a Program Modification, such
Program Modification will supersede any prior Program
Modification(s) approved by County within the same Fiscal Year or Program Year (i.e., when Subrecipient's Program Modification number two (2) is approved by County, it
becomes effective upon the approval date and Subrecipient's Program Modification number one (1) is no longer effective as of that same date).
9.10 NEPOTISM
9.10.1 Subrecipient certifies that it will not hire nor permit the hiring of any person in a position funded under this Subaward if a member of the person's immediate family is employed in an administrative capacity by Subrecipient. For purposes of this Subparagraph 9.10, the term "immediate family" means spouse (common law or otherwise, and including domestic partner), child, mother, father, brother, sister, brotherin- law, sister-in-law, son-in-law, daughter-in-law, mother-in-law, father-inlaw, aunt, uncle, niece, nephew, step-parent, step-child, or such other relationship which would give rise to a substantial appearance of impropriety if the person were to be hired by Subrecipient. The term "administrative capacity" means a position that has overall administrative responsibility for the Program, including but not limited to selection, hiring, or supervisory responsibilities.
9.11 OWNERSHIP OF MATERIALS, SOFTWARE AND COPYRIGHT
9.11.1 County will be the sole owner of all right, title, and interest, including copyright, in and to all software, plans, diagrams, facilities, and tools ("materials") which are originated or created through Subrecipient's Work pursuant to this Subaward. Subrecipient, for valuable consideration herein provided, must execute all documents necessary to assign and transfer to, and vest in County all of Subrecipient's right, title and interest in and to such original materials, including any copyright, patent and trade secret rights which arise pursuant to Subrecipient's Work under this Subaward.
9.11.2 During the term of this Subaward and during the authorized retention period of this Subaward, Subrecipient must maintain and provide security for all of Subrecipient's working papers prepared under this Subaward.
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County will have the right to inspect, copy and use at any time during the term of this Subaward and during the authorized retention period of this Subaward, any and all such working papers and all information contained therein.
9.11.3 Any and all materials, software and tools which are developed or were originally acquired by Subrecipient outside the scope of this Subaward, which Subrecipient desires to use hereunder, and which Subrecipient considers to be proprietary or confidential, must be specifically identified by Subrecipient to County's Contract Manager as proprietary or confidential, and must be plainly and prominently marked by Subrecipient as "Proprietary" or "Confidential" on each appropriate page of any document containing such material.
9.11.4 County will use reasonable means to ensure that Subrecipient's proprietary and/or confidential items are safeguarded and held in confidence. County agrees not to reproduce, distribute, or disclose to nonCounty entities any such proprietary and/or confidential items without the prior written consent of Subrecipient.
9.11.5 Notwithstanding any other provision of this Subaward, County will not be obligated to Subrecipient in any way under Subparagraph 9.11.4 for any of Subrecipient's proprietary and/or confidential items which are not plainly and prominently marked with restrictive legends as required by Subparagraph 9.11.3 or for any disclosure which County is required to make under any Federal or State law or order of court.
9.11.6 Notwithstanding any other provision of this Subaward, County and Subrecipient agree that County will have all ownership rights of software or modification thereof and associated documentation designed, developed, or installed using Federal financial participation. The Federal government will have a royalty-free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use and to authorize others to use for Federal government purposes, such software, modifications, and documentation. Notwithstanding any other provision of this Subaward, proprietary operating/vendor software packages, which are provided at established catalog or market prices and sold or leased to the general public, will not be subject to the ownership provisions of this Subparagraph
9.11. 9.12 PATENT, COPYRIGHT AND TRADE SECRET INDEMNIFICATION
9.12.1 Subrecipient must indemnify, hold harmless and defend County from and against any and all liability, damages, costs, and expenses, including, but not limited to, defense costs and attorneys' fees, for or by reason of any actual or alleged infringement of any third-party's patent or copyright, or any actual or alleged unauthorized trade secret disclosure, arising from or related to the operation and utilization of Subrecipient's Work under this Subaward. County will inform Subrecipient as soon as practicable of any
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claim or action alleging such infringement or unauthorized disclosure, and will support Subrecipient's defense and settlement thereof.
9.12.2 In the event any equipment, part thereof, or software product becomes the subject of any complaint, claim, or proceeding alleging infringement or unauthorized disclosure, such that County's continued use of such item is formally restrained, enjoined, or subjected to a risk of damages, Subrecipient, at its sole expense, and providing that County's continued use of the system is not materially impeded, will either:
9.12.2.1 Procure for County all rights to continued use of the questioned equipment, part, or software product; or
9.12.2.2 Replace the questioned equipment, part, or software product with a non-questioned item; or
9.12.2.3 Modify the questioned equipment, part, or software so that it is free of claims.
9.12.3 Subrecipient will have no liability if the alleged infringement or unauthorized disclosure is based upon a use of the questioned product, either alone or in combination with other items not supplied by Subrecipient, in a manner for which the questioned product was not designed nor intended.
9.13 PROBATION AND SUSPENSION
9.13.1 Subrecipient may be placed on probation, suspension or a combination thereof when County determines that Subrecipient is not in compliance with any Service, Work, task, deliverable or requirement outlined in this Subaward and/or when Subrecipient has demonstrated a consistent and significant lack of achievement of the Subaward goals (including, but not limited to, meeting the requirements for Program performance, the Budget(s), expenditures, staffing, administration, etc.). County will notify Subrecipient in writing in the event that Subrecipient is placed on probation, suspension or a combination thereof.
9.13.2 Probation
9.13.2.1 Probation as used herein will mean a specified period of time (as determined by County) during which Subrecipient must remedy all areas of non-compliance which have been
identified by County or its duly authorized representative(s).
County will monitor Subrecipient's adherence to such
remedy(ies) during the probation.
9.13.2.2 When County places Subrecipient on probation, County will provide Subrecipient a written notice indicating the reasons for the probation (which will include a description of the areas of Subrecipient's non-compliance), the date upon which this
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probation will become effective, the date upon which
Subrecipient must fully remedy all areas of non-compliance and a determination as to whether or not Subrecipient may continue to provide Services during the probation.
9.13.2.3 Subrecipient's ability to obtain future funding may be impacted when Subrecipient does not remedy its noncompliance during its probation and/or when Subrecipient is placed on multiple probations (as determined by County at County's sole discretion).
9.13.3 Suspension
9.13.3.1 Suspension as used herein will mean a specified period of time (as determined by County) during which County will withhold payment from Subrecipient (i.e., suspension of payment(s)), County will institute a temporary curtailment of the Services provided by Subrecipient and any approved
Lower Tier Subrecipient(s), if any, (i.e., suspension of Work) or a combination thereof. This Subaward may be suspended in whole or in part, from time to time, when such action is deemed by County in its sole discretion to be in County's best interest. During the suspension, Subrecipient has a
continuing obligation to remedy the areas of non-compliance which have been identified by County or its duly authorized representative(s). County will monitor Subrecipient's
adherence to such remedy(ies) during the suspension.
9.13.3.2 When County suspends Subrecipient, County will provide Subrecipient a written notice indicating the type of
suspension, the reasons for such suspension (which will include a description of the areas of Subrecipient's noncompliance), the date upon which this suspension will become effective, the date upon which Subrecipient must fully remedy all areas of non-compliance and a determination as to whether or not Subrecipient may continue to provide Services which are not suspended during the suspension.
When County institutes a temporary curtailment of Services, the written notice will include a description of the Service(s) being suspended.
9.13.3.3 At County's sole discretion, when Subrecipient's payment(s) and/or Services are suspended, County may also elect to transfer suspended Services from Subrecipient to another subrecipient for a period of time that will be determined solely by County. Subrecipient's ability to obtain future funding may be impacted when Subrecipient does not remedy its noncompliance during its suspension and/or when Subrecipient
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is placed on multiple suspensions (as determined by County at County's sole discretion).
9.13.3.4 Upon receipt of a notice of suspension of Services and except as otherwise directed by County, Subrecipient must:
9.13.3.4.1 Stop providing Services under this Subaward on the date and to the extent specified in such
notice.
9.13.3.4.2 Complete performance of such part of the
Services that is not suspended by such notice.
9.13.3.5 Subrecipient will be promptly paid for Services properly completed up until the time of suspension. Such payment is contingent upon Subrecipient properly completing and timely submitting its invoice(s) for Services completed up until the effective date of suspension.
9.13.3.6 Suspension will continue for the period specified in the written notice of suspension provided to Subrecipient unless County provides written notice to resume Services at an earlier date.
9.13.3.7 All other terms and remedies provided in this Subaward, including provisions for Termination, will remain valid during any period of suspension.
9.13.4 In response to the notice of probation or suspension, Subrecipient must submit a written Corrective Action Plan to County's Compliance Manager within ten (10) days of the postmark date indicated on the notice from County. Subrecipient's Corrective Action Plan must address all of the deficiencies noted by County.
9.13.5 County will review Subrecipient's Corrective Action Plan and will determine whether it meets the requirements for County's approval. County reserves the right to suspend/deduct payments for or to terminate all or any part of this Subaward (and/or any of Subrecipient's other contracts with County) when Subrecipient submits a Corrective Action Plan that is not acceptable to County.
9.13.6 Subrecipient must implement the Corrective Action Plan upon receiving County's final written approval of the Corrective Action Plan.
Subrecipient's failure to comply with an approved Corrective Action Plan will be cause for material breach of this Subaward upon which County may pursue the remedies for default of Subaward, including, but not limited to, reimbursement for all debt collection costs incurred by County.
9.14 TRANSITION OF SUBAWARD SERVICES
9.14.1 Completion of Subaward
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9.14.1.1 Within sixty (60) calendar days prior to the expiration of this Subaward (or shorter time period if notified in writing by County), County will provide Subrecipient written notice of the time period that Subrecipient must allow County or a newly selected subrecipient a transition period for orientation purposes and the orderly transition of Subrecipient's current Services without additional costs to County. Subrecipient must continue to provide Services timely and accurately so that the Services are current at the expiration of this Subaward.
9.14.1.2 Subrecipient must fulfill all responsibilities required under this Subaward including, but not limited to, completing the
closeout procedures identified in Subparagraph 9.21.2
(Closeout Reporting Requirements), implementing the
approved Transition Plan, and performing any other
requirement(s) that County deems as reasonably necessary to effectuate the successful transition of Program Services to another Service provider. County will not be unreasonable in its request(s).
9.14.2 Transition Plan
9.14.2.1 If this Subaward (or any part thereof) is terminated pursuant to any of the termination provisions outlined herein or if it expires pursuant to Paragraph 4.0 (Term of Subaward),
Subrecipient must provide a Transition Plan to County.
Subrecipient must submit said Transition Plan to County's Contract Manager within the timeframe designated by County in the notice of termination or Subrecipient must submit it at least sixty (60) days prior to the expiration of this Subaward as noted in Paragraph 4.0 (Term of Subaward).
9.14.2.2 County will review Subrecipient's Transition Plan and will determine whether it meets the requirements for County's approval. County reserves the right to suspend/deduct
payments under this Subaward and/or under any of
Subrecipient's other contracts with County when
Subrecipient submits a Transition Plan that is not acceptable to County. Subrecipient must adhere to the Transition Plan which, at a minimum, will include all of the elements outlined below.
9.14.3 Elements of the Transition Plan
9.14.3.1 Description of how Clients will be notified about the change in their Service provider.
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9.14.3.2 Subrecipient's method to communicate with other organizations that can assist in locating alternative Services.
9.14.3.3 Subrecipient's method to inform community referral sources of the pending termination of Services and what alternatives, if any, exist for future referrals.
9.14.3.4 Subrecipient's method to evaluate Clients in order to assure appropriate placement that will allow Clients to receive Services.
9.14.3.5 Subrecipient's method to transfer any confidential medical and Client records to the new subrecipient in accordance with applicable provisions of the Health Insurance Portability and Accountability Act of 1996 or other Federal, State, or local laws and regulations.
9.14.3.6 Subrecipient's method to dispose of confidential records, which fall outside of the retention period noted in
Subparagraph 8.38 (Record Retention, Inspection and Audit Settlement), in accordance with applicable laws and
regulations, and the terms of this Subaward.
9.14.3.7 Subrecipient's plan to ensure provision of adequate staff to provide continued care through the remaining term of this Subaward.
9.14.3.8 A fully documented inventory of all Fixed and Non-Fixed Assets as well as a method to dispose, transfer or return to County all Fixed and Non-Fixed Assets purchased with
Subaward Sums during the entire term of this Subaward.
9.14.3.9 Any additional information which may be necessary to affect a safe transition of Clients to other community service providers.
9.14.4 Implementation of the Transition Plan
9.14.4.1 Subrecipient must implement the Transition Plan that is approved by County. Subrecipient's failure to provide and/or implement the Transition Plan as prescribed herein will mean that County will provide Subrecipient a Transition Plan and Subrecipient will implement the Transition Plan provided by County. County will monitor Subrecipient's progress in
carrying out all elements of the Transition Plan.
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9.15 TRAVEL EXPENSES
9.15.1 Subrecipient must obtain prior written approval from County's Contract Manager for any expenses under this Subaward related to travel outside of Los Angeles County (out-of-town travel).
9.15.2 Subrecipient must maintain written documentation evidencing that all outof-town travel expenses are specifically related to providing Services under this Subaward, in conformity with the document retention requirements specified in Subparagraph 8.38 (Record Retention, Inspection and Audit Settlement).
9.15.3 Subrecipient must ensure that no more than two (2) of its staff incur any out-of-town travel expenses at any time.
9.15.4 Subrecipient will not invoice County if out-of-town travel expenses are incurred without proper documentation evidencing County's prior written approval.
9.15.5 Subrecipient's non-compliance with the requirements of this Subparagraph 9.15 will result in these costs being disallowed, payments being withheld, or other remedy being applied as County will determine to be appropriate.
9.16 DRUG-FREE WORKPLACE
9.16.1 Subrecipient and any approved Lower Tier Subrecipient(s) must adhere to the requirements outlined in the California Drug-Free Workplace Act of 1990, as amended (California Government Code Section 8350 et seq.).
Subrecipient and any approved Lower Tier Subrecipient(s) must also adhere to the requirements outlined in the Federal Drug-Free Workplace Act of 1988, including its implementing regulations (Title 41 United States Code Section 701 et seq.). Subrecipient and any approved Lower Tier Subrecipient(s) must provide and maintain a drug-free workplace for all of their employees, and must have a documented anti-drug policy and a drug-free awareness program. Violation of or non-compliance with these requirements by Subrecipient, any approved Lower Tier Subrecipient or both will subject Subrecipient to remedies available under the terms of this Subaward. Such remedies will include suspending Subrecipient’s payments, placing Subrecipient on probation or suspension, terminating this Subaward or other available remedies which will be determined by County at County's sole discretion.
9.16.2 Subrecipient must provide a written drug-free workplace policy statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and stating the specific actions that will be taken for violations.
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9.16.3 The ongoing drug-free awareness program must inform employees about the following: the dangers of drug abuse; available drug counseling, rehabilitation, and employee assistance programs; penalties that may be imposed; and, that employees are to be aware that Subrecipient and any approved Lower Tier Subrecipient(s) operate a drug-free workplace.
9.16.4 Subrecipient must require its employees to report in writing any conviction for a violation of a criminal drug statute occurring in the workplace.
Subrecipient must provide written notice to County's Contract Manager within ten (10) days of having received such notice from employee(s).
Within thirty (30) days of receiving the notice of a conviction, Subrecipient must have taken appropriate action against the employee(s) or have required employee's participation in a drug abuse assistance or rehabilitation program.
9.17 INFORMATION TECHNOLOGY, SECURITY AND PRIVACY REQUIREMENTS
9.17.1 In the course of completing the Work and providing Services under this Subaward, Subrecipient must use any Information Technology Systems (ITS) as designated by County. This Subparagraph 9.17 and Exhibit K (Information Security and Privacy Requirements) set forth the requirements for the ITS which Subrecipient must use. This Subparagraph
9.17 and Exhibit K (Information Security and Privacy Requirements) also set forth the security procedures for these systems which Subrecipient must have in place by the effective date of this Subaward and which Subrecipient must maintain throughout the Subaward term. They present a minimum standard only. Subrecipient must implement appropriate administrative, physical, and technical measures to secure its systems and data to protect and ensure the privacy, confidentiality, integrity, and availability of County Information Assets (PSCI) as defined in Subparagraph 9.17.5 (County Information Assets) against internal and external threats, vulnerabilities, and risks. Subrecipient must also continuously review and revise those measures to address ongoing threats, vulnerabilities, and risks.
9.17.2 Subrecipient's failure to comply with the minimum standards set forth herein will constitute a material, non-curable breach of this Subaward, entitling County, in addition to and cumulative of all other remedies available to it at law, in equity, or under this Subaward, to immediately terminate this Subaward.
9.17.3 Information Technology Systems - Management Information System
9.17.3.1 Data Entry
9.17.3.1.1 County has implemented use of the
Management Information System (MIS), a
computerized database system that is used to
record and track Service delivery, Program data
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and Client information. Subrecipient must use
the MIS and all other systems identified by
County, including but not limited to State and
Federal programs, applications, software, etc.,
to report Program data as outlined herein and
as directed by County.
9.17.3.1.2 Subrecipient must ensure the accuracy and
authenticity of the number of eligible Client
Services provided each day. Subrecipient must
track, document, and report the actual date
when Services are rendered. Subrecipient must
complete direct data entry of the required
Program, Service delivery and Client data
(including but not limited to, the total number of
Clients served, the type and number of Services
provided to Client and the date(s) of Service)
into the MIS on the day when the Service(s) is
provided to Client and must ensure that Service
recording is accurate each day (i.e., to ensure
accurate reporting, Subrecipient must enter
Program, Service delivery, and Client data into
MIS on the day when the Service(s) is provided
to Client). Subrecipient must not back-date any
data and any attempts to do so may subject
Subrecipient to appropriate remedies as
determined by County at County's sole
discretion.
9.17.3.2 Data Records
9.17.3.2.1 Subrecipient's failure to submit the required MIS data within the time and manner as designated
by County may subject Subrecipient to
appropriate remedies as determined by County
at County's sole discretion. Remedies will
remain in effect until Subrecipient becomes
compliant. County will consider Subrecipient's
non-compliance during future funding
decisions.
9.17.3.2.2 Subrecipient must maintain all records and
reports, consistent with Subparagraph 8.38
(Record Retention, Inspection and Audit
Settlement), and must make them available for
audit, assessment, or inspection by County and
any of its duly authorized representatives
(including, but not limited to, State authorities,
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Federal agencies and/or any of their duly
authorized representatives).
9.17.3.2.3 All information, records, data elements and
printouts collected and maintained for the
operation of the Program and pertaining to
Clients (including paper and electronic data)
must be protected from unauthorized
disclosures in accordance with Subparagraph
7.6 (Confidentiality), California Welfare and
Institutions Code Section 10850, Title 45 Code
of Federal Regulations Part 205.50, California
Information Practices Act of 1977, and all other
applicable laws and regulations.
9.17.3.3 MIS Personnel
9.17.3.3.1 Subrecipient must assign an employee to have the primary responsibility for data entry into the
MIS. This employee will be the primary contact
person for data issues and problems. This
employee will also be assigned a password to
log-in and enter Program, Service delivery and
Client data. Subrecipient must designate a
secondary/back-up employee who can act on
behalf of the primary MIS employee contact in
the event of his or her absence. Subrecipient
must ensure that its users do not share their
user identification and password information.
9.17.3.3.2 Subrecipient must provide the names of
Subrecipient's primary and secondary MIS
employees using Exhibit E (Subrecipient's
Administration). Subrecipient must submit the
completed Exhibit E (Subrecipient's
Administration) in the time and manner as
directed by County. In the event of any changes
to the information provided in Exhibit E
(Subrecipient's Administration), Subrecipient
must update Exhibit E (Subrecipient's
Administration) and submit the revised
document to County within two (2) weeks of any
reassignment or substitution. Only those
Subrecipient employees who have been
designated by Subrecipient and assigned a
password by County will be allowed to access
the MIS system.
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9.17.3.3.3 Subrecipient must ensure that the primary and secondary MIS employees are properly trained
to operate the MIS and attend all MIS training
provided by County to ensure that MIS
operations are in compliance with all applicable
regulations.
9.17.4 County Information Assets
9.17.4.1 County Information Assets are PSCI and include (but are not limited to):
9.17.4.1.1 Information that is stored in hard copy or
electronic format and may include but is not
limited to the following: reports; notes; forms;
computers, laptops, cellphones, printers,
scanners; networks (LAN, WAN, WIFI) servers,
switches, routers; storage media, hard drives,
flash drives, cloud storage; data, applications,
databases; etc.
9.17.4.1.2 Information that is collected, transmitted and/or accessed in the administration of the Program
and in the provision of Services.
9.17.4.1.3 Personal Information as defined in California Civil Code Section 1798.29(g).
9.17.4.1.4 Protected Health Information as defined in
Health Insurance Portability and Accountability
Act of 1996.
9.17.4.1.5 Medical Information as defined in California Civil Code Section 56.05(j).
9.17.5 Data Destruction
9.17.5.1 When Subrecipient has maintained, processed, or stored County Information Assets, implied or expressed, and such County Information Assets are no longer required to be
retained by Subrecipient under this Subaward and applicable law, County will have sole authority to determine when
Subrecipient must destroy any such County Information
Assets as described herein. Subrecipient must only proceed with the destruction of County Information Assets (which may be stored on purchased, leased, or rented electronic storage equipment (e.g., printers, hard drives, etc.) and electronic devices (e.g., servers, workstations, etc.) that are
geographically located within Los Angeles County or external
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to Los Angeles County's boundaries) upon receiving written authorization from County.
9.17.5.2 Subrecipient must destroy such County Information Assets by:
9.17.5.2.1 Cross-cut shredding or otherwise destroying
paper, film, disk drives or other hard copy media
so that PSCI cannot be read or otherwise
reconstructed.
9.17.5.2.2 Clearing, purging or destroying electronic media containing PSCI consistent with National
Institute of Standards and Technology ("NIST")
Special Publication ("SP") 800-88 (Guidelines
for Media Sanitization) which is available on-line
at: http://csrc.nist.gov/publications/draftpubs#SP-800-88-Rev._%201 and United States Department of Defense 5220.22-M data
sanitization and clearing directive such that the
PSCI cannot be retrieved.
9.17.5.3 Subrecipient will have the sole responsibility to certify that the County Information Assets have been appropriately
destroyed consistent with the requirements outlined herein.
9.17.5.4 Subrecipient must provide County with written certification validating that any and all County Information Assets were placed in one (1) or more of the following stored states:
unusable, unreadable and/or indecipherable. Subrecipient must submit such certification to County's Contract Manager no later than ten (10) days after the occurrence of this event.
9.17.5.5 Lower Tier Subrecipient must provide County with written certification validating that any and all County Information Assets were destroyed and are in one (1) or more of the following states: unusable, unreadable and/or
undecipherable. Lower Tier Subrecipient must submit such certification to County's Contract Manager no later than ten (10) days after the removal of any electronic storage
equipment and devices and the destruction of the County Information Assets.
9.17.6 Encryption on Workstations and Portable Computing Devices
9.17.6.1 Subrecipient and any approved Lower Tier Subrecipient must use software and/or hardware encryption methods for
confidential County Information Assets stored on all
electronic media in accordance with the following standards:
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9.17.6.1.1 Federal Information Processing Standard
Publication ("FIPS") 140-2.
9.17.6.1.2 NIST SP 800-57 (Recommendation for Key
Management - Part 1: General (Revision 3).
9.17.6.1.3 NIST SP 800-57 (Recommendation for Key
Management - Part 2: Best Practices for Key
Management Organization).
9.17.6.1.4 NIST SP 800-111 (Guide to Storage Encryption Technologies for End User Devices).
9.17.6.1.5 At a minimum, Subrecipient must use Advanced Encryption Standard ("AES") with cipher
strength of 256-bit
9.17.6.1.6 Prior to use of remote servers (e.g., cloud
storage, Software-as-a-Service (SaaS), etc.) for
storage of County Information Assets,
Subrecipient must obtain written approval from
County's Contract Manager.
9.17.6.2 Subrecipient and any approved Lower Tier Subrecipient must use software and/or hardware encryption methods for
transmitted (i.e., through network transmission) confidential County Information Assets in accordance with the following standards:
9.17.6.2.1 NIST SP 800-52 (Guidelines for the Selection and Use of Transport Layer Security
Implementations).
9.17.6.2.2 NIST SP 800-57 (Recommendation for Key
Management - Part 3: Application-Specific Key
Management Guidance).
9.17.6.3 Subrecipient and any approved Lower Tier Subrecipient must have operational policies, procedures and practices which protect County Information Assets (PSCI) as specified in the State Administrative Manual Sections 5300 to 5365.3;
California Government Code Section 11019.9; Department of General Services Management Memo (MM 06-12);
Department of Finance Budget Letter (06-34); California Department of Aging Program Memorandum (PM 07-18(P));
Statewide Health Information Policy Manual; and, County's Board Policy Number 5.200 (Contractor Protection of
Electronic County Information).
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9.17.6.4 Subrecipient and any approved Lower Tier Subrecipient must encrypt PSCI which are stored on all electronic media
(including workstations, portable computing devices
(including, but not limited to, workstations, servers, mobile devices, wearables, tablets, laptops, personal digital
assistants, notebook computers, and backup media) and/or portable electronic storage media (including, but not limited to, discs, thumb/flash drives, external/portable hard drives, and backup media)).
9.17.6.5 Subrecipient must certify its compliance with the encryption standards noted herein as a condition of executing this Subaward. Subrecipient provide such certification by
completing and submitting Exhibit O (Subrecipient's
Compliance with Encryption Requirements) in the form and manner as determined by County. Subrecipient must
maintain compliance with this policy during the term of this Subaward and for as long as Subrecipient maintains or is in possession of County Information Assets. In addition to the foregoing certification, Subrecipient must maintain any validation/attestation reports that the data encryption product generates, and such reports will be subject to audit in accordance with the requirements outlined in Subparagraph
8.38 (Record Retention, Inspection and Audit Settlement). In the event of Subrecipient's non-compliance with these
requirements, County will require Subrecipient to develop and execute a corrective action plan. Subrecipient's failure to comply with this policy may subject Subrecipient to
suspension or termination of this Subaward, denial of access to County information technology resources and/or other remedies which are deemed appropriate by County.
9.17.7 Software Maintenance and Operational Management
9.17.7.1 Subrecipient must deploy up-to-date anti-virus software with current definitions on all computer systems on which County Information Assets are stored and/or transmitted.
9.17.7.2 Subrecipient and any approved Lower Tier Subrecipient must ensure that all security patches, software updates/upgrades, etc. are applied in a timely manner to all computer systems on which County Information Assets are stored, accessed and/or transmitted.
9.17.7.3 Subrecipient must deploy adequate back-up facilities to ensure that its essential business information can be
promptly recovered in the event of a disaster or media failure.
9.17.8 Security Incident Reporting
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9.17.8.1 A security incident occurs when County Information Assets are or reasonably believed to have been accessed, modified, destroyed, or disclosed without proper authorization or are lost or stolen. A security incident includes (but is not limited to) instances in which Subrecipient employees access
systems in excess of their user rights or use the systems inappropriately, data is breached, etc. Subrecipient and any approved Lower Tier Subrecipient must comply with
California Department of Aging's security incident reporting procedure which is available online at
http://www.aging.ca.gov/ProgramsProviders/#Resources.
9.17.8.2 Notification of Security Breach to County
9.17.8.2.1 Subrecipient must immediately report all
security incidents to County's Program Manager
but in no event must the report be made more
than two (2) business days after its detection.
Subrecipient must initiate the contact by
telephone and followed by written letter of any
potential or actual security attacks or security
incidents.
9.17.8.2.2 Subrecipient's notification of the security
incident must include the approximate date and
time of its occurrence and a summary of the
relevant facts, including a description of
measures being taken to address the
occurrence.
9.17.8.3 Notification of Security Breach to Clients
9.17.8.3.1 Subrecipient and any approved Lower Tier
Subrecipient must give written notice to any
Client or data subject whose PSCI may have
been breached in accordance with HIPAA, the
Information Practices Act of 1977, and State
policy.
9.17.9 Electronic Backups
9.17.9.1 Subrecipient and any approved Lower Tier Subrecipient must ensure that all electronic County Information Assets are protected by performing regular backups of automated files and databases, and ensure the availability of County
Information Assets for continued business. Subrecipient and any approved Lower Tier Subrecipient must ensure that all data, files, and backup files are encrypted.
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9.17.10 Subrecipient must ensure that any approved Lower Tier Subrecipient(s) adheres to all of the provisions included in this Subparagraph 9.17 and Exhibit K (Information Security and Privacy Requirements).
9.18 REMEDIES FOR NON-COMPLIANCE
9.18.1 Subrecipient agrees to comply with the requirements set forth in the entirety of this Subaward as well as the requirements contained in supporting Program legislation and all applicable directives, Program memoranda, notices, guidelines, and instructions issued by or on behalf of Federal, State or County authorities. Subrecipient's failure to comply with such requirements will subject Subrecipient to remedies which are available under this Subaward and as provided by law. These remedies include but are not limited to the following: probation; suspension of payment(s); suspension of Services; assessment and collection of liquidated damages; de-obligation of Subaward Sums (for purposes of this Subaward, de-obligation is the partial or full removal of Subaward Sums from Subrecipient); re-obligation of Subaward Sums (for purposes of this Subaward, re-obligation is the allocation of de-obligated Subaward Sums to another current subrecipient(s) and/or to a new subrecipient); debarment; and/or termination of this Subaward. County will have the sole discretion to determine which remedy(ies) will be applied as a result of Subrecipient's non-compliance.
9.19 PAYMENT AND PERFORMANCE GUARANTIES
9.19.1 Throughout the entire term of this Subaward, including the original term and any renewals or extensions thereto, County, at its sole discretion, reserves the right to require Subrecipient to provide a Payment Guaranty, Performance Guaranty, or both ("Guaranty(ies)") in the amount and form as directed by County. County will determine whether or not Subrecipient will be required to obtain a Guaranty(ies) when Subrecipient's performance under this Subaward reveals potential liability to County in an aggregate amount of twenty-five thousand dollars ($25,000) or more resulting from, but not limited to, the following incidents: disallowed costs, unsubstantiated costs, non-payment of Lower Tier Subrecipients, etc. (i.e., if County determines that Subrecipient has disallowed costs, unsubstantiated costs, non-payment of Lower Tier Subrecipients, etc. which total twenty-five thousand dollars ($25,000) or more in potential liability when added together then County will require Subrecipient to obtain a Payment Guaranty, Performance Guaranty or both).
9.19.2 Payment Guaranty
9.19.2.1 The Payment Guaranty is Subrecipient's surety/guarantee to County that Subrecipient will meet its obligations to faithfully pay any approved Lower Tier Subrecipients in a manner that is timely, satisfactory, and acceptable to County, as
determined by County at its sole discretion. The purpose of
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the Payment Guaranty is to provide all Lower Tier
Subrecipients who supply labor, materials, services, etc. to Subrecipient a recourse if they do not get paid by
Subrecipient. In such case, the Payment Guaranty allows Lower Tier Subrecipient to file a claim with the surety company that issued the Guaranty in the event that
Subrecipient does not reimburse the Lower Tier Subrecipient for goods and/or services provided by Lower Tier
Subrecipient.
9.19.2.2 Subrecipient acknowledges that County may also make a determination that Subrecipient's non-payment of any
approved Lower Tier Subrecipients is a violation of the terms and conditions of this Subaward which may subject
Subrecipient to obtain both the Payment Guaranty and
Performance Guaranty.
9.19.2.3 The Payment Guaranty must only take the form of a surety bond. More information concerning surety bonds and
companies may be obtained from the Surety Association of America (www.surety.org), the Surety Information Office (www.sio.org), state insurance departments, the U.S. Small Business Administration and U.S. Department of the
Treasury.
9.19.2.4 The Payment Guaranty must be executed by a corporate surety which is licensed to transact business as a surety in the State of California. The corporate surety must have an A.M. Best Rating of not less than A:VII, unless otherwise approved by County.
9.19.3 Performance Guaranty
9.19.3.1 The Performance Guaranty is Subrecipient's
surety/guarantee to County that Subrecipient will meet its obligations to perform the terms and conditions of the
resulting Subaward. The purpose of the Performance
Guaranty is to provide County a recourse to recover
Subaward monies which would otherwise be lost due to
Subrecipient's negligent actions. This Performance Guaranty will provide for the payment of monies to County for
transactions which are incurred by Subrecipient, including but not limited to: liquidated damages, late penalty payments, County's reimbursement, etc. County's determination to
require Subrecipient to obtain the Performance Guaranty would occur after the resolution process has been completed and "questioned costs" have been determined to be
unsubstantiated costs, disallowed costs, etc.
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9.19.3.2 The Performance Guaranty will take any of the following forms:
9.19.3.2.1 Surety Bond: More information concerning
surety bonds and companies may be obtained
from the Surety Association of America
(www.surety.org), the Surety Information Office
(www.sio.org), state insurance departments, the
U.S. Small Business Administration and U.S.
Department of the Treasury. The performance
guaranty may not allow the bond surety to
substitute another person to perform Services.
9.19.3.2.2 Letter of Credit: Refer to Exhibit N (Criteria and Standards for Letters of Credit and Certificates
of Deposit) for information.
9.19.3.2.3 Certified Check or Certificate of Deposit: This form of Guaranty must list/identify County of Los
Angeles as an authorized party that can
withdraw on the account. Refer to Exhibit N
(Criteria and Standards for Letters of Credit and
Certificates of Deposit) for additional
information on the certificate of deposit.
9.19.3.2.4 Cash
9.19.3.3 The Performance Guaranty must be executed by a corporate surety which is licensed to transact business as a surety in the State of California. The corporate surety must have an A.M. Best Rating of not less than A:VII, unless otherwise approved by County.
9.19.4 When County determines that Subrecipient must obtain and maintain a Guaranty(ies), County will inform Subrecipient of this requirement and will provide Subrecipient at least fifteen (15) days to comply with County's determination. Once Subrecipient has obtained the required Guaranty(ies), County will re-evaluate the need for Subrecipient to continue maintaining the Guaranty(ies) for any subsequent Fiscal Year of the Subaward term.
9.19.5 The costs to obtain and maintain the Guaranty(ies) are potentially allowable and reimbursable under the terms of this Subaward. However, no additional funding will be allocated to the Subaward Sums in order for Subrecipient to pay for these costs. If Subrecipient intends to use existing Subaward Sums to offset the costs of the Guaranty(ies), this action requires a redistribution of Subaward Sums which will be initiated through a budget modification. This budget modification must be completed and submitted by Subrecipient for approval by County as noted in Subparagraph 9.9.2 (Budget Modifications). Prior to submitting this budget
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modification, Subrecipient will ensure that it will be able to adhere to all other required tasks, performance measures and other duties of this Subaward even after the Subaward Sums are redistributed (i.e., Subrecipient must continue to provide the required level of Services which would include the Guaranty(ies) for the same level of funding).
9.20 SUBAWARD DOCUMENT DELIVERABLES
9.20.1 Prior to the execution of this Subaward and throughout the entire term of this Subaward, Subrecipient must obtain and maintain current and appropriate licenses, permits and certificates which are required by all applicable County, State and/or Federal laws, regulations, guidelines, Program memoranda and directives for the operation of its facility(ies) and for the provision of Services hereunder. Prior to the execution of this Subaward and annually thereafter (or as otherwise established by County), Subrecipient must submit evidence/documentation (Subaward Document Deliverables) of its compliance with this requirement in the form and manner that is prescribed by County. Subrecipient must provide to County's Contract Manager, by the deadline imposed by County, current copies of these deliverables which must be complete (without missing pages) and legible, and will include:
9.20.1.1 Subaward Compliance Documents (as described in Subparagraph 9.20.3)
9.20.1.2 Business Forms (as described in Subparagraph 9.20.4)
9.20.1.3 Reporting Documents (as described in Subparagraph 9.20.5)
9.20.1.4 Other Documents: During the term of this Subaward, County or its designee(s) may request from time-to-time additional documents from Subrecipient, and Subrecipient must adhere to County's request for such documents.
9.20.2 Subrecipient must submit copies of all new or renewed licenses, permits, and certificates to County's Contract Manager within five (5) business days of the license, permit or certification award or renewal. Subrecipient must immediately notify County of any lapses or expirations of these items.
Subrecipient's failure to maintain and/or timely submit documents required or requested by County may result in County imposing remedies as determined by County in its sole discretion.
9.20.3 Subaward Compliance Documents
9.20.3.1 Business License
9.20.3.1.1 When the local governing authority requires
Subrecipient's organization to obtain a license
to operate and conduct business within its local
governing authority's jurisdiction, Subrecipient
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must obtain such license to perform the
Services outlined in this Subaward. The local
governing authority may be either the local city
government for entities doing business within its
city limits or County of Los Angeles for entities
located outside of city limits (i.e., unincorporated
areas or designated cities). Subrecipient must
ensure that the license is current throughout the
entire term of this Subaward. Subrecipient must
provide a current copy of its license to County
annually (or upon expiration, as noted on the
license).
9.20.3.2 Certificate of Insurance
9.20.3.2.1 The certificate must evidence Subrecipient's compliance with the insurance requirements
outlined in Subparagraph 8.24 (General
Provisions for all Insurance Coverage) and
Subparagraph 8.25 (Insurance Coverage).
Subrecipient must also provide copies of the
certificate of insurance as it relates to any
approved Lower Tier Subrecipient(s).
9.20.3.3 Fire Department Inspection Report
9.20.3.3.1 For each Service site that Client will visit, Subrecipient must obtain a fire inspection of its
facility(ies). The inspection must be conducted
by the Los Angeles County Fire Department or
by Subrecipient’s local fire department.
Subrecipient must obtain a written report of the
inspection which must be provided to County at
the beginning of the first Fiscal Year or Program
Year of this Subaward, or upon the opening of
each new Service site. In the event that
violations are noted on the inspection report,
Subrecipient must ensure that it complies with
all corrective measures as directed by the fire
department. Subrecipient must provide to
County written evidence of its compliance within
five (5) days of receiving the evidence from the
fire department. The fire inspection report must
be current within the most recent twelve (12)
month period. Subrecipient is responsible for
knowing and understanding their local fire
department requirements and guidelines and
must ensure ongoing compliance with fire
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inspection pursuant to local ordinances and
regulations.
9.20.3.4 Public Health Permit
9.20.3.4.1 For every Service site where Contractor
provides Services that require a Permit issued
by County of Los Angeles Department of Public
Health, Subrecipient must provide a current
copy of such permit annually (or upon expiration,
as noted on the permit).
9.20.3.5 Health Department Inspection Report
9.20.3.5.1 For each Service site where Contractor
provides Services that require an inspection by
County of Los Angeles Department of Public
Health (such as a central kitchen, Congregate
Meal Site, etc.), Subrecipient must annually
provide a current copy of such inspection report
(report must be current within the most recent
twelve (12) month period). In the event that
violations are noted on the report, Contractor
shall ensure that it complies with all corrective
measures as directed by the Department of
Public Health. Subrecipient must provide to
County written evidence of its compliance within
five (5) days of receiving the evidence from
Public Health.
9.20.3.6 Vehicle Smog Certification
9.20.3.6.1 For each vehicle(s) purchased with the
Subaward Sum(s) under this Subaward and/or
under a Predecessor Agreement that is used in
the operation of the Program (i.e., Countyowned vehicle(s)), Subrecipient must ensure that such vehicle(s) undergo a certified smog
inspection as required under applicable State
and Los Angeles County laws. Subrecipient
must receive evidence of a passing inspection
(i.e., smog certificate) for each vehicle and shall
submit a copy of the smog certificate to County's
Contract Manager on an annual basis in the
manner and timeframe designated by County.
When the vehicle(s) is not required to undergo
a smog inspection during any year, Subrecipient
must provide evidence (copy of vehicle
registration, etc.) indicating that the inspection is
not warranted for the specified year.
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9.20.4 Business Forms
9.20.4.1 Articles of Incorporation
9.20.4.1.1 This document, which evidences the legal
formation of Subrecipient's organization, must
reflect Subrecipient's current legal name; and
County will use this document as verification of
Subrecipient's name. In the event there are any
amendments or addendums to the articles of
incorporation, Subrecipient must provide copies
of such amendments/addendums to County
within five (5) days of said
amendments/addendums being finalized.
9.20.4.1.2 When Subrecipient's organization is a local
government or a consortium of local
governments, Subrecipient must provide either
a city charter or a joint powers agreement
respectively, in lieu of the articles of
incorporation.
9.20.4.2 Board of Directors' Resolution
9.20.4.2.1 A resolution from Subrecipient's Board of
Directors, which evidences Authorized
Representative's authority to act on behalf of
Subrecipient in matters related to this Subaward
(Subparagraph 8.3.3 (Board of Directors'
Resolution)). Subrecipient must submit its
Board of Directors' resolution in the time and
manner as designated by County.
9.20.4.3 Board of Directors Roster
9.20.4.3.1 The roster must include the individuals who
comprise Subrecipient's Board of Directors. In
the event that the roster is updated,
Subrecipient must provide an updated roster to
County within five (5) days of it being approved
or finalized.
9.20.4.4 Bylaws
9.20.4.4.1 This document must reflect the internal rules which govern Subrecipient's organization.
These rules are generally concerned with the
operation of the organization, and setting out
the form, manner, or procedure in which the
organization should operate. In the event that
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the bylaws are amended, Subrecipient must
provide such amendments to County within five
(5) days of them being approved.
9.20.4.5 Complaint Policies and Procedures
9.20.4.5.1 Subrecipient's policies and procedures for
receiving, investigating, and responding to
Client complaints must be prepared and
submitted to County pursuant to the
requirements outlined in Subparagraph 8.5
(Complaints).
9.20.4.6 Organization Chart
9.20.4.6.1 The chart must provide an outline of the
hierarchy, relationships, and relative ranks of
Subrecipient's organizational parts and
positions/jobs as it related to the operations of
this Subaward. In the event that Subrecipient
revises its organization chart, a copy must be
provided to County within five (5) days of any
change in its organization chart.
9.20.4.7 Lower Tier Subaward
9.20.4.7.1 This executed third-party agreement (as defined in Subparagraph 8.40 (Lower Tier Subaward))
and any amendments or addendums thereto,
must be provided to County within five (5) days
of the execution of that agreement,amendment
and addendum.
9.20.4.8 Tax Exempt Status Letter
9.20.4.8.1 Written documentation that is obtained from the Internal Revenue Service as evidence of
Subrecipient's tax exempt status. When
Subrecipient is a non-profit entity, such
evidence must reflect Subrecipient's tax exempt
status. In the event Subrecipient's tax exempt
status changes, Subrecipient must provide
County a copy of its new status within five (5)
days of any change in its tax-exempt status.
9.20.5 Reporting Documents
9.20.5.1 Cost Allocation Plan
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9.20.5.1.1 This Plan must adhere to the requirements
outlined in Subparagraph 9.21.1 (Cost
Allocation Plan for Cost Reimbursement
Activities).
9.20.5.2 Closeout Report
9.20.5.2.1 This report must adhere to the requirements
outlined in Subparagraph 9.21.2 (Closeout
Reporting Requirements).
9.20.5.3 Other Reporting Documents
9.20.5.3.1 From time-to-time, County or its designee(s) may request other documents relating to
Subrecipient's performance, Work, and/or
Services under this Subaward. County will not
be unreasonable in its request and Subrecipient
must adhere to County's request for such
documents.
9.21 FISCAL REPORTING REQUIREMENTS
9.21.1 Cost Allocation Plan for Cost Reimbursement Activities
9.21.1.1 Subrecipient acknowledges that as a condition of receiving this Subaward, Subrecipient must submit its organizationwide Cost Allocation Plan to County no later than sixty (60) days after the start date of the Subaward term. This Cost Allocation Plan is included herein by reference.
9.21.1.2 The Cost Allocation Plan must adhere to the requirements outlined in the following: County directives (including but not limited to AD directive CCD-18-01 (Cost Allocation and
Indirect Cost Requirements for AD Subawards)) which may be obtained at Cost-Allocation-and-Indirect-CostRequirements-CCD-18-01-043024.pdf (lacounty.gov) , Exhibit Q (Accounting, Administration and Reporting
Requirements), Title 45 Code of Federal Regulations Part 75 et seq. and Title 2 Code of Federal Regulations Part 200 et seq. At a minimum, the Plan must include the following
information:
9.21.1.2.1 Description of Subrecipient's organization (i.e., non-profit, for-profit, public/government, etc.).
9.21.1.2.2 Description of Subrecipient's general
accounting policies, including its basis of
accounting.
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9.21.1.2.3 List of all the funded programs.
9.21.1.2.4 An organizational chart that identifies the
various services and/or functions for each unit.
9.21.1.2.5 A detailed listing of all shared and pooled direct and indirect costs that will be allocated.
9.21.1.2.6 Identification of the Subaward year term for any information/documentation related to the Plan.
9.21.1.2.7 A thorough description of the methods used to allocate all shared or pooled direct or indirect
costs and the auditable documentation for
supporting each basis for allocation.
9.21.1.3 Every cost included in the Cost Allocation Plan must be supported by formal, documented accounting records, and the basis for its distribution must be calculated by actual usage (e.g., time distribution, number of Clients served, square footage, etc.) - arbitrary percentages or estimates are not allowed.
9.21.1.4 In order to certify the accuracy of the Cost Allocation Plan, Subrecipient must sign the Cost Allocation Plan and any revisions made thereto.
9.21.1.5 By May 1 of each Subaward year after the first Subaward year in a multi-year term (or upon extension of the term as provided in Paragraph 4.0 (Term of Subaward), Subrecipient must submit written confirmation that its Cost Allocation Plan methodology described in Subparagraph 9.21.1.2.7 will
remain in effect throughout the following Subaward year. In the event that this Cost Allocation Plan methodology must be revised for the following Subaward year then Subrecipient must submit the revised methodology to County's
Compliance Manager by May 1 of the current Subaward year.
The Cost Allocation Plan methodology may only be revised once during any Subaward year.
9.21.1.6 In the event that the information provided in the Cost Allocation Plan as it relates to Subparagraphs 9.21.1.2.1 -
9.21.1.2.6 must be revised at any time during the Subaward term then Subrecipient must submit the revisions to County's Compliance Manager within thirty (30) days of completing the revisions.
9.21.1.7 Upon receipt of the revisions made to Subrecipient's Cost Allocation Plan, County will review these revisions. Neither Subrecipient's submission of these revisions to its Cost
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SUBAWARD NUMBER ENP242509
Allocation Plan nor County's receipt of these revisions to Subrecipient's Cost Allocation Plan will constitute County's acceptance or approval of the Cost Allocation Plan revisions.
County reserves the right to either accept or reject any revision(s) to the Cost Allocation Plan that County deems is unacceptable. County will notify Subrecipient in writing whether the revisions are approved or rejected. Upon
rejection of the revisions, Subrecipient must take the required actions needed to correct its revisions. Subrecipient's failure to adhere to County's requirements will subject Subrecipient to remedies available under this Subaward.
9.21.2 Closeout Reporting Requirements
9.21.2.1 The closeout is a process that takes place upon the expiration or termination of the period in which Program Services are provided which includes the end of the
Subaward term, the end of the Fiscal Year or any other period when the Subaward is terminated. The purpose of closeout is to ensure that final reports are received and evaluated, allowable costs are determined and amounts due to either County or to Subrecipient are determined and payment
arrangements made.
9.21.2.2 Subrecipient must complete and submit a mandatory Closeout Report in the form and manner designated by
County. The Closeout Report must include the reporting of expenses and accruals incurred through the last day of the Fiscal Year or Program Year. County will notify Subrecipient of the deadline for submission of the Closeout Report.
9.21.2.3 Subrecipient must ensure that all invoices are submitted and finalized prior to the submission of its Closeout Report.
County will not pay invoices that are received after
Subrecipient has submitted the Closeout Report. Once
County has reviewed and accepted Subrecipient's Closeout Report, the data reflected on the Closeout Report will be reported to State as final. Any subsequent revisions will require the written signature and authorization of Authorized Representative.
9.21.2.4 If this Subaward is terminated or cancelled prior to June 30th of any Fiscal Year, the Closeout Report will be for that Subaward period which ends on the termination or
cancellation date. Subrecipient must submit the Closeout Report after the termination/cancellation date in the manner and timeframe designated by County.
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9.21.2.5 At the end of the funding cycle/during the closeout, Subrecipient must ensure that all of the following items match:
9.21.2.5.1 The Subaward Sum allocated by line items on
Subrecipient's final approved Budget(s), where
the Subaward Sum is the funding allocated for
any Fiscal Year under this Subaward and it is
distributed using the line items/cost categories
reflected in Subrecipient's final approved
Budget(s).
9.21.2.5.2 The Grant Share, which is allocated by line
items on Subrecipient's Closeout Report, where
the Grant Share is the actual Subaward Sum
that Subrecipient has budgeted by line
items/cost categories on its organization's
accounting/fiscal records (i.e., general ledgers,
etc.).
9.21.2.5.3 The Amount Received by line item as reported on Subrecipient's Closeout Report, where the
Amount Received is the actual Subaward Sum
reimbursed to Subrecipient for its line items.
9.21.2.6 In the event that the line item amounts reflected as the Subaward Sum on the final approved Budget(s), the Grant Share on the Closeout, and the Amount Received on the
Closeout do not match at the time of closeout, for purposes of the closeout only, County will allow a maximum of ten percent (10%) variance between the Subaward Sum and
Grant Share (specifically, the variance between the
Subaward Sum line items reported on the final approved
Budget(s) and the Grant Share line items reported on the Closeout Report).
9.21.2.6.1 For example, during the closeout, if the line item, Space, reflects a Subaward Sum of $100 on the
final approved Budget(s) then the Grant Share
amount reflected on the Closeout Report for
Space will be $100, and the Amount Received
reflected on the Closeout Report for Space will
be $100. Alternatively, if the Subaward Sum for
Space is reflected on the final approved
Budget(s) as $100 but the Grant Share for
Space is reflected on the Closeout Report as
$95, and the Amount Received for Space is
reflected on the Closeout Report as $95 then
the $5 variance (which is five percent (5%) of
the Subaward Sum amount for the Space line
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SUBAWARD NUMBER ENP242509
item) is within the allowable ten percent (10%)
variance.
9.21.2.7 Subrecipient must ensure that the total Grant Share and the total Amount Received, which are reflected on the Closeout Report, do not exceed the total Subaward Sum reflected on the final approved Budget(s).
9.21.3 Program Income Requirements
9.21.3.1 Program Income includes, but is not limited to:
9.21.3.1.1 Voluntary contributions received from Client or other party for Services received.
9.21.3.1.2 Income from usage or rental fees of real or
personal property acquired with Subaward
Sums.
9.21.3.1.3 Royalties received on patents and copyrights from Subaward-supported activities.
9.21.3.1.4 Proceeds from the sale of items created under this Subaward.
9.21.3.2 Subrecipient must adhere to the Program Income requirements outlined herein and in Title 45 Code of Federal Regulations Part 75 et seq. and Title 2 Code of Federal Regulations Part 200 et seq.
9.21.3.3 Subrecipient must use Program Income to expand baseline Program Services.
9.21.3.4 Subrecipient must report Program Income in Budget exhibit(s) and must expend Program Income under the same terms and conditions as the Subaward Sums from which it is generated.
The use of Program Income is restricted to the funding
source or Service that was provided and contributed towards.
9.21.3.5 Program Income must be used to pay for current allowable Program costs in the same Fiscal Year or Program Year that the Program Income is earned. If Program Income is earned in excess of the amount reported in Budget exhibit(s) then County will recapture the balance of the unexpended
Program Income or pursue any other remedies available to County under this Subaward.
9.21.3.6 Subrecipient will not use Program Income to meet the match contribution requirement of this Subaward.
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SUBAWARD NUMBER ENP242509
9.21.3.7 Subrecipient will provide a disposition of all Program Income received and expended as part of the Closeout reporting process in the form, manner and timeline as designated by County.
9.22 UNIVERSAL IDENTIFIER AND SYSTEM FOR AWARD MANAGEMENT (SAM)
9.22.1 Pursuant to the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282) and Title 2 Code of Federal Regulations Part 25, Subrecipient will be responsible for obtaining and maintaining a Universal Identifier. The Universal Identifier is a Unique Entity ID (UEI) comprised of a unique twelve-character alpha numeric identification number assigned by SAM and is site-specific. Therefore, each distinct physical location of Subrecipient's organization (such as branches, divisions, and headquarters) will have its own, UEI number. Subrecipient may register for a UEI number at https://sam.gov/content/entityregistration. Subrecipient must comply with the requirements outlined in this Subparagraph 9.22.
9.22.2 Subrecipient must provide a valid UEI number using Exhibit E (Subrecipient's Administration) and must submit the completed Exhibit E (Subrecipient's Administration) in the time and manner as directed by County. Subrecipient must register the UEI number and maintain an "Active" status within the federal System for Award Management available online at https://sam.gov/content/status-tracker. If County cannot access or verify "Active" status for Subrecipient's UEI information, which is related to this Subaward on the Federal Funding Accountability and Transparency Act Subaward Reporting System, County will notify Subrecipient and Subrecipient must immediately update the information as required.
9.22.3 Subrecipient's failure to adhere to applicable UEI and SAM requirements may result in County imposing remedies as determined by County in its sole discretion.
9.23 UNUSUAL OCCURRENCES AND CRIME
9.23.1 Unusual occurrences such as natural disasters (including earthquakes, floods, landslides, wildfires, extreme heat/cold), man-made emergencies (such as epidemic outbreaks, bio-terrorism, food-borne illness, fire, major accidents, death from unnatural causes or other catastrophes), and unusual occurrences which threaten the welfare, safety or health of Clients, Subrecipient personnel or visitors to Subrecipient's facility(ies) must be reported by Subrecipient within twenty-four (24) hours to the local health officer by telephone and in writing, and to County by telephone and also in writing or by email.
9.23.2 Crime related occurrences, such as theft or vandalism, must be reported by Subrecipient within twenty-four (24) hours to the local police or sheriff by filing a police report and to County by telephone, and in writing or by
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SUBAWARD NUMBER ENP242509
email. Subrecipient must also prepare and retain an incident report on file, and must include a copy of the filed police report.
9.23.3 Subrecipient must maintain all incident reports in a manner consistent with Subparagraph 8.38 (Record Retention, Inspection and Audit Settlement).
Subrecipient must furnish such other pertinent information related to such occurrence as the local authorities and/or County may require.
9.24 FEMA PROVISIONS
9.24.1 In the event of an emergency (defined as a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services) and Federal Emergency Management Agency (FEMA) funds are made available under this Subaward, Subrecipient must comply with all requirements outlined in Exhibit M (FEMA Provisions).
Subrecipient must complete the Lobbyist Certification attached to this Exhibit and submit it to County's Contract Manager in the time and manner as designated by County.
9.25 INTENTIONALLY OMITTED
9.26 REDUCING SINGLE-USE PLASTICS
9.26.1 Reduce Single Use Plastics
9.26.1.1 Subrecipient a acknowledges that County places a high priority on the implementation of Board Policy 3.185, Reduce Single-Use Plastics, and must eliminate the use of single-use plastic in County facilities as required by Board Policy 3.185.
9.26.2 Procurement Data Reporting
9.26.2.1 Subrecipient will keep a monthly record of purchases of single-use products including product type, brand name, quantity purchased, and unit cost. Data will be provided to the County’s Project Monitor along with other regular reports and be available upon request.
10.0 SURVIVAL
10.1 In addition to any terms and conditions of this Subaward that expressly survive expiration or termination of this Subaward by their terms, the following provisions shall survive the expiration or termination of this Subaward for any reason:
Paragraph 1 (Applicable Documents)
Paragraph 2 (Definitions and Headings)
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SUBAWARD NUMBER ENP242509
Paragraph 3 (Work)
Subparagraph 5.4 (No Payment for Services Provided Following Expiration or Termination of Subaward)
Subparagraph 7.6 (Confidentiality)
Subparagraph 8.1 (Amendments)
Subparagraph 8.2 (Assignment and Delegation/Mergers or Acquisitions) Subparagraph 8.6.2 (Compliance with Applicable Laws)
Subparagraph 8.19 (Fair Labor Standards)
Subparagraph 8.20 (Force Majeure)
Subparagraph 8.21 (Governing Law, Jurisdiction, and Venue) Subparagraph 8.23 (Indemnification)
Subparagraph 8.24 (General Provisions for all Insurance Coverage) Subparagraph 8.25 (Insurance Coverage)
Subparagraph 8.26 (Liquidated Damages)
Subparagraph 8.34 (Notices)
Subparagraph 8.38 (Record Retention and Inspection and Audit Settlement) Subparagraph 8.42 (Termination for Convenience)
Subparagraph 8.43 (Termination for Default)
Subparagraph 8.48 (Validity)
Subparagraph 8.49 (Wavier)
Subparagraph 8.58 (Prohibition from Participation in Future Solicitation(s)) Subparagraph 8.60 (Campaign Contribution Prohibition Following Final Decision in Contract Proceeding)
Subparagraph 9.11 (Ownership of Materials, Software and Copyright) Subparagraph 9.12 (Patent, Copyright and Trade Secret Indemnification) Paragraph 10.0 (Survival)
//
//
//
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SUBAWARD NUMBER ENP242509
IN WITNESS WHEREOF, Subrecipient has executed this Subaward or caused it to be duly executed, and the County of Los Angeles, by order of its Board, has caused this Subaward to be executed on its behalf by the Director of Aging and Disabilities Department, on the day, month and year first above written. The person(s) signing on behalf of Subrecipient warrants under penalty of perjury that he or she is authorized to bind Subrecipient. Subrecipient and County acknowledge that this Subaward will not be deemed to be active until such time that the document is executed by the respective authorized representatives of both Subrecipient and County.
COUNTY OF LOS ANGELES
By
Dr. Laura Trejo, Director Date
County of Los Angeles
Aging and Disabilities Department
SUBRECIPIENT
City of South El Monte
Subrecipient’s Legal Name
ENP242509
Subaward Number
By
Name of Authorized Date
Representative
Title
Approved as to Form:
Signature
OFFICE OF COUNTY COUNSEL
Dawyn R. Harrison, County Counsel
By
Name of Authorized Date
By Representative
Lawrence M. Green
Senior Deputy County Counsel
Title
Signature
City Council Agenda Report
Agenda Item No. 7.d.
DATE: May 6, 2025
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Danilo Batson, Interim Director of Public Works SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
25-042, ACCEPTANCE OF OFFER OF DEDICATION OF
RIGHT-OF-WAY EASEMENT FOR PUBLIC STREETS AND
PUBLIC UTILITY PURPOSES AND APPURTENANT
FACILITIES AT 11214 RUSH STREET
SUMMARY: Rexford Industrial – 11234 Rush LLLP (“Applicant”) has offered twenty-five feet dedication of right-of-way easement for Public Streets and Public Utility Purposes and Appurtenant Facilities adjacent to 11214 Rush Street (“Property” or “project site”).
The applicant filed an application for a Conditional Use Permit No. 23-06 (“CUP”) to construct a 103,108 square foot warehouse, and office building (“Project” or “proposed Project”) at the project site. The CUP was approved on August 20, 2024, by the adoption of Resolution No. 24-05.
RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 25- 042 for the offer of dedication of right-of-way easement adjacent to 11214 Rush Street and authorize the City Clerk to record the acceptance.
FISCAL/FINANCIAL IMPACT: There will be no fiscal impact with this action.
DISCUSSION: Prior to the Planning Commission approval of the CUP on August 20, 2024, the dedication was reviewed and approved by the Planning Department. Project plans were provided as Attachment C which provided preliminary details of the dedication of right-of-way. Engineering staff has reviewed the dedication of right-of-way adjacent to 11214 Rush Street.
ATTACHMENT(S):
A. Resolution No. 25-042
B. Planning Commission Agenda Report, August 20,2024, Agenda Item No. 7.a C. 11214 Rush Street Dedication
D. Planning Commission Resolution 24-05 - CUP 23-06
ATTACHMENT A
RESOLUTION NO. 25-042
A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL
ACCEPTING DEDICATION OF RIGHT-OF-WAY EASEMENT
FOR PUBLIC STREETS AND PUBLIC UTILITY PURPOSES
AND APPURTENANT FACILITIES AT 11214 RUSH STREET
WHEREAS, Rexford Industrial – 11234 Rush LLLP (“Owners”), are the owners of the property commonly known as 11214 Rush Street, South El Monte, California; and WHEREAS, on August 20, 2024, the Conditional Use Permit No. 23-06 (“CUP”) was approved by the adoption of Resolution No. 24-05. Within the same Planning Commission Report for Resolution No. 24-05, the Project Plans (“Attachment C”) provided the preliminary details of the dedication of right-of-way; and
WHEREAS, pursuant to the City’s Purchasing Manual, City Staff may secure three (3) written quotes from vendors for the purchase of supplies, equipment, and services; and WHEREAS, the City Council has determined that acceptance of the right-of-way easement dedication satisfies the requirements of the Code and serves an important public purpose.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH EL MONTE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. The City Council hereby declares its intent to accept the dedication of rightof-way.
SECTION 2. The City Clerk is hereby directed to file this resolution with the Recorder of Los Angeles County.
PASSED, APPROVED AND ADOPTED this 6th day of May 2025.
_____________________________
Gloria Olmos, Mayor
ATTEST:
_____________________________
Adrian Garcia, MMC, City Clerk
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. 25-042, 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 6th day of May 2025, and that said Resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Adrian Garcia, MMC City Clerk
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Planning Commission
Agenda Report
DATE: August 20, 2024
TO: Honorable Chairman and Members of the Planning Commission APPROVED BY: Guillermo Arreola, Director of Community Development PREPARED BY: Gerardo Marquez, Planning Manager
SUBJECT: Adoption of Resolution No. 24-05 approving Conditional Use Permit (CUP 23-06) To allow for the development of a new approximately 103,000 square foot warehouse building located at 11214 Rush Street.
PUBLIC NOTICE: Notice of public hearing was posted on August 8, 2024 and mailed to all property owners within 300 feet of the project site.
DATE: August 20, 2024
ENVIRONMENTAL
DETERMINATION:
Categorical Exemption, Section 15332 Class 32 – In Fill Development.
PROJECT
LOCATION: Address: 11214 Rush Street
Project Applicant: Rexford Industrial – 11234 Rush, LLLP Property Owner: Rexford Industrial – 11234 Rush, LLLP
Zone: “M” (Manufacturing)
Lot Size: 213,444 square feet (4.90 acres)
SURROUNDING ZONING AND LAND USE:
Zone General Plan Land Use
North “M” (Manufacturing) Industrial Wholesale/Manufacturing South “M” (Manufacturing) Industrial Warehousing
East “M” (Manufacturing) Industrial Wholesale
West “P-F” (Public Facilities) Public Facility School
Agenda
Item No.
7.a.
ATTACHMENT B
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BACKGROUND: The property located at 11214 Rush Street (“Property”) is currently made up of five (5) separate parcels measuring approximately 213,444 square feet on the west side of Rush Street just north of Frank Stiles Street between Peck Road and Penn Mar Avenue in the City of South El Monte (“City”). In years past, the Property was utilized as a truck and trailer repair facility and was being utilized for parking until laying vacant. There are currently five (5) vacant structures on the property which are scheduled to be demolished. The proposed Project is being developed as a 103,108 square foot speculative warehouse building which will also provide site improvements such as trash enclosures, site lighting, concrete screen walls and hardscape/landscape improvements per city standards. There have not been any public records requests for this property within the last year.
RECOMMENDATION: Staff recommends that the Planning Commission adopt Resolution No. 24-05, approving Conditional Use Permit No. 23-06, as conditioned.
ANALYSIS:
General Plan/Zoning Consistency
The Property is designated as “Industrial” in the City’s General Plan and is zoned “M” (Manufacturing) in the City’s Zoning Code. The construction of a 103,108 square foot warehouse, building (“Proposed use” or “Project”) falls within the scope of the General Plan’s “Industrial” land use designation and is also a conditionally permitted use in the “M” zone. When considering consistency with the General Plan, staff determined that the Project will help further the City’s goals and objectives found in the General Plan and satisfy all development requirements within the Zoning Code. Additionally, the site is almost entirely surrounded by similar uses and would provide a new facility on a lot that is underutilized.
The establishment of a new warehouse building will be a viable asset to the City’s economy. With the newly adopted zone text amendment to the zoning section of the South El Monte Municipal Code, the potential uses of the site have been expanded and provide the opportunities for new businesses to flourish. The Project will also promote a balanced and dynamic economic growth in the area as well as the City as a whole. Considering all of the above, the Project is consistent with both the General Plan and the Zoning Code.
Proposed Project
The Applicant is proposing to build a 103,108 square foot warehouse and office building. The development shall provide multiple tenant spaces and shall provide ancillary office space. The building will mainly be utilized as a warehouse with 89,836 square feet being dedicated to this use with the remaining 13,272 square feet being utilized as ancillary office area. The proposed warehouse use will provide 12 dock doors for the delivery of items.
Off-Street Parking
As the majority use of the building is warehousing, SEMMC Section 17.16 states that parking shall be provided at one parking space for every one thousand square feet and office requires one parking space per three hundred square feet. The proposed Project satisfies the minimum parking requirements per the following figure below:
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Proposed Use Size of Area Required
Warehouse 89,836 sq. ft. (1/1,000) = 90
Office 13,272 sq. ft. (1/300) = 45
Total Proposed
Total Required
135
135
Landscaping
The Project provides landscaping along the Property’s frontage, near the warehouse entrance, along the south of the building and Property, and all along the north and northeast portion of the Property. This is sufficient to satisfy the City’s landscaping requirements found in SEMMC Section 17.09.070. This section requires the front five feet of the Property and five percent of the parking area to be landscaped. The parking lot area is approximately 26,040 square feet in size, which requires 1,302 square feet of landscaping in the parking lot area. The Applicant has proposed to landscape 11,156 square feet or 42 percent of the parking lot area exceeding the required amount.
Circulation and Loading
The Project will be accessible via two driveways along Rush Street. The northern driveway will provide truck access while the southern driveway will provide access to passenger cars. For the northern driveway, trucks would be able to enter through right-in and left-in turn movements, while only being able to exit through a right-out turn movement. For the southern driveway, passenger vehicles are restricted to right-in and right-out movements. There will be gates present on the Project site enclosing and securing the truck court during non-operational hours. These gates will remain open during business hours, allowing for free traffic flow without restriction.
Impacts on Surrounding Uses and Properties
The Property is surrounded by a mixture of industrial uses and underdeveloped land. The Project will not significantly increase the amount of industrial activities and therefore the Project’s potential impact on surrounding properties would be slight. Additionally, the Project would restore existing street pavement along the length of the property frontage and side to the centerline of the street on Rush Street and Leafdale Avenue. Sidewalk, curb ramps, curb and gutter, and driveways would be newly constructed. City staff reviewed a traffic and circulation study and concluded that traffic generated by the Project will not result in any significant effects relating to traffic.
CONDITIONAL USE PERMIT
In order to grant a CUP, the Commission must make the following finding pursuant to South El Monte Municipal Code (“SEMMC”) Section 17.03.060:
1. The commission shall find that the proposed use shall not be detrimental to persons or properties in the immediate vicinity nor to the city in general.
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The parcels directly adjacent to the Property are developed with warehouses that perform warehousing or wholesale with ancillary office space. The approval of the CUP will not be detrimental to persons or properties in the immediate vicinity nor to the City in general because of the conditions that are included in the resolution, as well as many of the surrounding parcels being utilized as industrial.
Land Use Element
Policy 1.5: Continue to provide opportunities for establishment and expansion of a broad range of industrial businesses within those areas of the City designated for industrial. This Project will serve the area by creating a single location for storage, wholesale, and operations for new businesses to establish their operations within the area. This new development along with the newly adopted zoning code will allow new businesses to flourish in the City.
Goal 2: Focus new revenue-generating development in those areas of the City with high visibility.
The proposed Project will in-fill an underutilized parcel and provide a new warehouse/wholesale development to complement the existing adjacent sites along the already established Rush Street industrial corridor.
Goal 3.0: Accommodate new development that is compatible with and complements existing land uses by allowing for the establishment of a warehouse, office, and wholesale that fits with the surrounding uses. Adjacent to north, south, and east of the Project site similar uses and types of buildings are already established. The proposed Project will complement existing development and will provide facilities for similar types of uses.
Goal 6.0: Provide for the revitalization of deteriorating land uses and properties. The new development will not only provide a new 103,108 square foot building on a property that has lain vacant for many years but, will also provide off street improvements by restoring existing street pavement along the length of the property frontage and side to the centerline of the street on Rush Street and Leafdale Avenue and new sidewalk, curb ramps, curb and gutter, and driveways would be newly constructed as well.
ENVIRONMENTAL REVIEW: This proposed Project is categorically exempt from environmental review pursuant to the guidelines of the California Environmental Quality Act (Public Resources Code §21080(b)(9); Administrative Code, Title 14, Chapter 3, §15332, Class 32, In-Fill Development Projects). Class 32 consists of projects characterized as in-fill development. The Project falls within the criteria of consisting of less than five acres and falls within city limits.
CONCLUSION: Staff has reviewed the Applicant’s request and has determined that the Project meets all of the development standards as set forth in SEMMC Chapters 17.03 and 17.09.
Approval of the Conditional Use Permit, as conditioned, will not be detrimental to persons or properties in the immediate vicinity nor to the City in general. Staff recommends the Planning Commission adopt Resolution 24-05 to approve Conditional Use Permit No. 23-06 for the proposed 103,108 square foot industrial building.
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ATTACHMENTS:
A – Draft Resolution No. 24-05
B– Vicinity Map/Aerials
C – Project Plans
PLANNING COMMISSION
RESOLUTION NO. 24-05
A RESOLUTION OF THE SOUTH EL MONTE PLANNING
COMMISSION APPROVING AN APPLICATION FOR
CONDITIONAL USE PERMIT (NO. 23-06) ALLOWING FOR
THE CONSTRUCTION OF A 103,108 SQUARE FOOT
WAREHOUSE AND OFFICE BUILDING LOCATED AT 11214
RUSH STREET
WHEREAS, Rexford Industrial – 11234 Rush, LLLP (“Applicant”), filed an application for a Conditional Use Permit (“CUP”) to construct a 103,108 square foot warehouse, and office building (“Project” or “proposed Project”) located at 11214 Rush Street, South El Monte, CA 91733 (“Property” or “project site”); and
WHEREAS, pursuant to South El Monte Municipal Code (“SEMMC”) Section 17.03.060, the Project requires Planning Commission review and approval because the Project consists of request for a CUP; and
WHEREAS, a public hearing was held before the Planning Commission on August 20, 2024, to consider the application. All evidence, both written and oral, presented during said public hearing was considered by the Planning Commission in making its determination.
THE PLANNING COMMISSION OF THE CITY OF SOUTH EL MONTE HEREBY FINDS, RESOLVES, AND ORDERS AS FOLLOWS:
SECTION 1: The Planning Commission hereby finds that the adoption of Resolution 24- 05 is exempt from environmental review pursuant to the guidelines of the California Environmental Quality Act (Public Resources Code §21080(b)(9); Administrative Code, Title 14, Chapter 3, §15332, Class 32, In-Fill Development Projects). Class 32 consists of projects characterized as in-fill development. The Planning Commission finds that the Project is exempt from the provisions of CEQA. The documents and other material, which constitute the record on which this decision is based, are located in the Department of Community Development and are in the custody of the Director of Community Development.
SECTION 2: A record of the public hearing indicates the following:
A. With regard to the application for a CUP, SEMMC Section 17.03.060 requires that the Planning Commission find that the proposed Project shall not be detrimental to persons or properties in the immediate vicinity nor to the City in general. State law requires that the Project be compatible with surrounding uses.
B. The General Plan Land Use designation for the Property is “Industrial.” The Zoning Code designation is “M” (Manufacturing).
C. The proposed Project promotes the City’s goals and objectives stated in the General Plan. No goal or policy will be impaired.
D. The construction and operation of the warehouse, and office building should not become a nuisance to surrounding properties.
ATTACHMENT A
Resolution No. 24-05
SECTION 3: Based on the record of the hearing, including all information presented at the hearing, including the Staff Report dated August 20, 2024, which is hereby incorporated into this Resolution 24-05 by reference, the Planning Commission hereby finds:
A. As conditioned, the Project meets the requirements of SEMMC Chapter 17.09 and will not be detrimental to the public health, safety, or welfare, nor will it adversely affect property values or the present or future development of the surrounding areas. The conditions that are included in this resolution, as well as the fact that many of the surrounding parcels are industrial uses, ensures that this will hold true in the future.
B. Pursuant to SEMMC Section 17.03.060, the approval of the CUP will not be detrimental to persons or properties in the immediate vicinity nor to the City in general. This is because the Project will be required to operate in a way that does not negatively impact the area through conditions imposed.
C. As conditioned, the Project represents a quality establishment that will be compatible with surrounding commercial and manufacturing uses, the surrounding area, and the goals of the City. The proposed Project will contribute to the general well-being of the City in that the Project benefits neighboring uses and will be an asset to the surrounding area, as well as to the rest of the City. As a result, approving this application will not adversely affect the General Plan or the Zoning Ordinance.
D. As conditioned, the proposed Project is consistent with the City’s General Plan.
The proposed Project is compatible with the objectives, policies, general land uses, economic development and programs specified in the General Plan which includes, but is not limited to, the following goals:
Land Use Element
a) Policy 1.5: Continue to provide opportunities for establishment and expansion of a broad range of industrial businesses within those areas of the City designated for industrial. This Project will serve the area by creating a single location for storage, wholesale, and operations for new businesses to establish their operations within the area.
This new development along with the newly adopted zoning code will allow new businesses to flourish in the City.
b) Goal 2: Focus new revenue-generating development in those areas of the City with high visibility. The proposed Project will in-fill an underutilized parcel and provide a new warehouse/wholesale development to complement the existing adjacent sites along the already established Rush Street industrial corridor.
c) Goal 3.0: Accommodate new development that is compatible with and complements existing land uses by allowing for the establishment of a warehouse, office, and wholesale that fits with the surrounding uses. Adjacent to north, south, and east of the Project site similar uses and types of buildings are already established. The proposed Project will complement existing development and will provide facilities for similar types of uses. d) Goal 6.0: Provide for the revitalization of deteriorating land uses and properties.
The new development will not only provide a new 103,108 square foot building on a
Resolution No. 24-05
property that has lain vacant for many years but, will also provide off street improvements by restoring existing street pavement along the length of the property frontage and side to the centerline of the street on Rush Street and Leafdale Avenue and new sidewalk, curb ramps, curb and gutter, and driveways would be newly constructed as well.
SECTION 4: Based on the aforementioned findings, the Planning Commission hereby approves CUP (No 23-06) to construct a 103,108 square foot warehouse, and office, building subject to the following conditions:
General Conditions
1. The Applicant and the business entity allowed for hereunder shall indemnify, defend, and hold harmless the City, its officers, agents, employees, and volunteers from any and all claims, lawsuits, or actions arising from the granting of, or the exercise of, the rights permitted by this approval, and from any and all claims or losses occurring or resulting to any person, firm, corporation, or property for damage, injury, or death arising out of, or connected in anyway, with the performance of the use permitted hereby. The Applicant’s obligation to indemnify, defend, and hold harmless the City shall include, but not be limited to, paying all legal fees and costs incurred by legal counsel of the City’s choice in representing the City in connection with any such claims, losses, lawsuits, or actions, and any award of damages or attorney’s fees in any such lawsuit or action.
2. The Applicant and the business entity allowed for hereunder shall execute an Affidavit of Acceptance of these conditions in the presence of a Notary Public and return the Affidavit to the Director of Community Development within ten calendar days of the date of the Planning Commission’s approval.
3. The approval shall lapse and become void if the privilege authorized is not utilized or where some form of construction pursuant to issuance of a building permit has not commenced within two years from the date of this approval.
4. Applicant and its employees, agents and contractors shall comply with all Municipal Code provisions.
Planning Conditions
5. All buildings and walls must be finished with graffiti resistant materials. Any graffiti painted or marked upon the Property or on any adjacent area under the control of the Applicant shall be removed or painted over within 48 hours of discovery or notice from the City.
6. The Property shall be maintained in a safe and clean condition and the Applicant shall ensure that no trash or litter originating from the site is deposited on neighboring properties or the public right-of-way. At the end of each business day, the Applicant shall pick up any and all litter including but not limited to large, discarded items that may have collected in the Property’s parking area and public right-of-way.
7. The Applicant shall maintain all required permits and licenses in good standing.
Resolution No. 24-05
8. The Applicant understands that any violation of the foregoing conditions shall be grounds for the suspension or revocation of the CUP.
9. The construction site shall always be kept in a clean manner prior, during, and after construction.
10. The Applicant shall develop the Property as shown in the site plan and landscaping plan approved by the Planning Commission.
11. The Applicant shall provide a detailed landscape and irrigation plan, prepared by a registered Landscape Architect to the Community Development Director for review and approval prior to submitting the plans to the Building Division.
12. The Applicant shall install drought tolerant landscaping in strict compliance with a landscape plan prepared by a Landscape Architect drawn at a minimum scale of 1”=10’ which will include all proposed softscape elements (included areas of ornamental plantings and turf areas), with the perimeter planting design for the exterior of building. The Applicant shall incorporate the following into the landscape plan:
a. Enclose all planters within parking lot areas with raised six-inch P.C.C. curbs, except at sidewalks.
b. Provide an automated underground irrigation system for all landscaped areas. c. Provide adequate landscaping to completely screen all ground mounted mechanical equipment
13. All exterior doors shall be lit with a minimum of one-foot candle power of intensity and constructed of tamper-resistant fixtures.
14. The Applicant shall have no outside storage of material or equipment during or after hours in the required parking lot areas or near the front entrance of the Property visible from Rush Street.
15. There shall be no loading or unloading of materials on the public right of way (Rush Street).
16. There shall be no queuing or parking of vehicles on or along Rush Street as a result of this development.
17. At no time shall the site store inoperable freight trucks or vehicles in its parking areas either within the vehicle spaces or the freight truck spaces.
18. No repair of vehicles or freight trucks shall occur at any time.
19. All exterior lights on the property shall be LED and shall be directed, positioned, and/or shielded such that they do not illuminate surrounding properties and/or the public right of way.
20. For security purposes, lighting shall be placed in such a way as to illuminate the area surrounding the trash enclosure(s), transformer, and all vehicle parking spaces. This lighting shall be un-switched and photo sensor controlled.
Resolution No. 24-05
21. Any bollards on the site visible from the public right of way shall be decorative in nature and shall be approved by the Director of Community Development or designee.
22. Noise generated from the site shall comply with the South El Monte Municipal Code 8.20.
23. The Applicant must incorporate a copy of these conditions of approval into the approved set of building plans.
24. The consolidation of parcels shall be finalized and recorded prior to the issuance of building permits.
Public Works Conditions
PW1. The second sheet of building plans, grading plans and/or offsite improvement plans shall list all conditions of approval and to include a copy of the Planning Commission Decision letter. This information shall be incorporated into the plans prior to the first submittal for plan check.
PW2. A geotechnical and soils investigation report is required. The duties of the soils engineer of record, as indicated on the first sheet of the approved plans, shall include the following:
a) Observation of cleared areas and benches prepared to receive fill; b) Observation of the removal of all unsuitable soils and other materials; c) The approval of soils to be used as fill material;
d) Inspection of compaction and placement of fill;
e) The testing of compacted fills; and
f) The inspection of review of drainage devices.
PW3. The owner shall retain the soils engineer preparing the Preliminary Soils and/or Geotechnical Investigation accepted by the City for observation of all grading, site preparation, and compaction testing. Observation and testing shall not be performed by another soils and/or geotechnical engineer unless the subsequent soils and/or geotechnical engineer submits and has accepted by the Public Works Department, a new Preliminary Soils and/or Geotechnical Investigation.
PW4. A grading and drainage plan shall be approved prior to the issuance of the building permit.
The grading and drainage plan shall indicate how all storm drainage including contributory drainage from adjacent lots is carried to the public way or drainage structure approved to receive storm water.
PW5. LID review shall be completed prior to submitting grading plans for plan review. Grading plans shall be submitted including the proof of approval of LID or exemption of LID.
PW6. Replace the existing curb ramp and cross gutter at the corner of Rush Street & Leafdale Avenue with new curb ramp and cross gutter in accordance with SPPWC Standard Plans and as directed by the City Engineer or his/her designee.
Resolution No. 24-05
PW7. No portion of the driveway and/or parkway drain shall encroach to the frontage of the adjacent property.
PW8. Reconstruct the driveway approach located at 11214 Rush St in accordance with SPPWC Standard Plan 110-2 and as directed by the City Engineer or his/her designee.
PW9. Close existing driveway approach and install necessary improvements (parkway, landscape, sidewalk, curb and gutter, any others as applicable) to match required adjacent sections, and as directed by the City Engineer or his/her designee.
PW10. Remove and replace sidewalk along the length of the property frontage in accordance with SPPWC standard plan 113-2 and as directed by the City Engineer or his/her designee.
PW11. Install an irrigation system and landscape the designated parkway area and as directed by the City Engineer and/or his/her designee.
PW12. Protect and maintain existing street trees through the duration of the Project. Existing street trees must be maintained in healthy condition through the duration of any planning and construction. Trees should be deemed healthy and in good condition upon the conclusion of any construction in order for the Project to be accepted as completed by the Public Works Department.
PW13. Remove and replace curb and gutter along the length of the property frontage in accordance with SPPWC Standard Plan 120-2 and as directed by the City Engineer or his/her designee.
PW14. The approved building address shall be painted on the curb to the City’s standards as required by the Public Works Inspector prior to final inspection.
PW15. Relocate water meter from the sidewalk as directed by the City Engineer or his/her designee.
PW16. Rehabilitate existing AC street pavement along the length of the property frontage and side to the centerline of the street on Rush Street and as directed by the City Engineer or his/her designee. Grind existing pavement to a depth of 2” and overlay new AC or pay an in-lieu fee in the amount of a City approved Engineer’s Estimate prepared by the Project Engineer of Record for the required AC rehab to the City. ADA, sidewalk, curb ramps, curb and gutter, and driveway approaches shall be constructed to facilitate drainage and comply with ADA regulations.
PW17. Underground all utility services to the property and adjacent to the property along Rush Street.
PW18. The Project shall be reviewed and approved by the City Traffic Engineer prior to the issuance of permits. Any mitigation measures shown on the traffic study if any shall be made at the sole cost to the property owner/developer. The designer should consider the largest design vehicle that is likely to use that facility in determining the radii required at intersections, roadways, and driveways. Scaled truck turning templates shall be used to delineate the swept width and tracking width of the design vehicle.
Resolution No. 24-05
PW19. When planting or constructing walls or fences be aware that each side of Project driveways should have clear corner sight distance with low vegetation (less than 36” drivers height sitting in a car) and walls that do not obscure the view of exiting vehicles or trucks.
PW20. Submit a Focused Access and Parking analysis memo which addresses the comments provided in the Traffic Assessment comments from March 15, 2024.
PW21. Refresh the red curb on Rush Street.
Building Division Conditions
B1. Plans prepared in compliance with the current Codes shall be submitted to Building Division for review prior permit issuance.
B2. The second sheet of building plans is to list all conditions of approval and to include a copy of the Planning Commission Decision letter. This information shall be incorporated into the plans prior to the first submittal for plan check.
B3. Fees shall be paid to the County of Los Angeles Sanitation District prior to issuance of the building permit.
B4. The building shall be addressed as 11214 Rush Street, and an application to assign unit numbers shall be filed with City prior to plan check submittal.
B5. In accordance with paragraph 5538(b) of the California Business and Professions Code, plans are to be prepared and stamped by a licensed architect.
B6. Structural calculations prepared under the direction of an architect, civil engineer or structural engineer shall be provided.
B7. A geotechnical and soils investigation report is required, the duties of the soils engineer of record, as indicated on the first sheet of the approved plans, shall include the following:
a) Observation of cleared areas and benches prepared to receive fill; b) Observation of the removal of all unsuitable soils and other materials; c) The approval of soils to be used as fill material;
d) Inspection of compaction and placement of fill;
e) The testing of compacted fills; and
f) The inspection of review of drainage devices.
B8. The owner shall retain the soils engineer preparing the Preliminary Soils and/or Geotechnical Investigation accepted by the City for observation of all grading, site preparation, and compaction testing. Observation and testing shall not be performed by another soils and/or geotechnical engineer unless the subsequent soils and/or geotechnical engineer submits and has accepted by the Public Works Department, a new Preliminary Soils and/or Geotechnical Investigation.
Resolution No. 24-05
B9. A grading and drainage plan shall be approved by Engineering Division prior to issuance of the building permit. The grading and drainage plan shall indicate how all storm drainage including contributory drainage from adjacent lots is carried to the public way or drainage structure approved to receive storm water.
B10. Prior submitting grading plans to Engineering Department, LID review shall be completed.
B11. An allowable building area analysis shall be provided in accordance with Chapter 5 of the Building Code to justify the proposed building qualifies for Type IIIB construction. Shall the building be upgraded to a fire-resistance rated construction such as Type IIIA, the exterior walls, including the joints between the precast concrete wall panels, shall meet the fire-resistance rating requirements per Table 601 if the Building Code.
B12. All State of California disability access regulations for accessibility shall be complied with.
B13. The property has been surveyed and the boundaries marked by a land surveyor licensed by the State of California.
B14. Foundation inspection will not be made until the excavation has been surveyed and the depth of the footings has been determined to be in accordance with the approved plans by a land surveyor licensed by the State of California. THIS NOTE IS TO BE PLACED ON THE FOUNDATION PLAN IN A PROMINENT LOCATION.
B15. Electrical plan check is required.
B16. Mechanical plan check is required.
B17. Plumbing plan check is required.
B18. Plumbing fixtures shall be provided as required by the Chapter 4 of the California Plumbing Code. Additional fixtures may be required if not in compliance.
B19. Project shall comply with the CalGreen Non-Residential mandatory requirements.
B20. Electrical vehicle charging stations (EVCS), including accessible EVCS, and EV facilitation, including medium and heavy-duty charging, shall be provided as required by Section 5.106.5 of the CalGreen Code.
B21. No form work or other construction materials will be permitted to encroach into adjacent property without written approval of the affected property owner.
B22. Demolition permit is required for any existing buildings which are to be demolished.
B23. A separate permit is required for each detached structure, including but not limited to perimeter fences and gates.
Resolution No. 24-05
B24. All fire sprinkler hangers must be designed, and their location approved by an engineer or an architect. Calculations must be provided indicating that the hangers are designed to carry the tributary weight of the water filled pipe plus a 250-pound point load. A plan indication this information must be stamped by the engineer or the architect and submitted for approval prior to issuance of the building permit.
B25. Separate permit is required for Fire Sprinklers.
B26. City records indicate the proposed site is a combination of lots under common ownership.
A parcel merger by document shall be processed prior to issuance of the building permit.
Los Angeles County Fire Department Conditions
1. Submitted plans shall correspond with the plans approved by the County of Los Angeles Fire Department Fire Prevention Division Land Development Unit.
2. Install four (4) private 6”x 4”x 2 ½” Fire Hydrants conforming to American Waterworld Association Standard C503. Required Fire Flow 4,000 GPM @ 20PSI for Four (4) hours.
County of Los Angeles Sheriff’s Department Conditions
1. Installation of security cameras and building lights with motion sensors shall be placed around the proposed development where feasible to reduce opportunities of criminal activities. Cameras and lighting shall be placed in such a way where law enforcement can adequately identify vehicle license plates upon entry/exit to the site.
2. Height of hedge-type plants shall be limited to allow visibility from the street.
Landscaping shall not block building addresses from street patrol car line of sight.
3. Provide numerical addresses in a font size on the corner of the building that can be easily viewed and read from the street.
4. During construction of the Project emergency access shall be maintained at all times.
SECTION 5: Any interested party may appeal this decision to the City Council pursuant to Section 17.03.060 of the South El Monte Municipal Code.
PASSED, APPROVED AND ADOPTED this 20th day of August 2024. _____________________________
Chairman
ATTEST:
________________________________________________
________________________________
Secretary
STATE OF CALIFORNIA )
Resolution No. 24-05
COUNTY OF LOS ANGELES ) SS
CITY OF SOUTH EL MONTE )
I, Renee Reyes, Secretary to the Planning Commission of the City of South El Monte, do hereby certify that the foregoing Resolution, being Resolution No. 24-05 was duly passed and adopted by the Planning Commission of the City of South El Monte at a regular meeting of said Commission held on the 20th day of August 2024.
AYES:
NOES:
ABSENT:
ABSTAIN: ____________________________________
Secretary
-6-
Attachment B
11214 Rush Street
-7-
Peck Road
-8-
Attachment C
EV CHARGING ONLY EV CHARGING ONLY EVCS EVCS EVCS EV CAP. EV CAP. EV CAP. EV CAP. EV CAP. EV CAP. EVCS EVCS EV CAP. EV CAP. EVCS EV CAP. EV CAP. EV CAP. EVCS EVCS EV CAP. EV CAP. EV CAP. EV CAP. EV CAP. EV CAP. EV CAP.
EV CAP. 620'-4"
330'-7"
10' H SCREEN WALL 620'-4"
R U S H S T R E E T 50'-2" BUFFER 91'-3" 513'-11" 8' H SCREEN WALL 105'-9" 28'-0"
DRIVEWAY
40'-0"
DRIVEWAY 56'-6" 40'-0" 7@9'=63'-0" 10'-0" 7@9'=63'-0" 35'-6" 4@9'=36'-0" 47'-6" 6@9'=54'-0" 26'-0" 60'-0" 20'-0" 4'-0" 7@9'=63'-0" 6'-0" 10@9'=90'-0" 6'-0" 10@9'=90'-0" 6'-0" 5@9'=45'-0" 18'-0" 7@9'=63'-0" 6'-0" 5@9'=45'-0" 8'-0" 23'-7" 24@9'=216'-0" 23'-7" 6'-0" 8@9'=72'-0" 9' 20'-0" 205'-6" 70'-0" 1'-6"
72'-9" 72'-9" 60'-0" 18'-0" 34'-0" 18'-0" 28'-0" 1'-4" 51'-6" 551'-0" 16'-6" 33'-6" 56'-0" 65'-0" 65'-0" 56'-0" 56'-0" 65'-0" 65'-0" 56'-0" 33'-6" 6 DOCK DOORS 6 DOCK DOORS 55'-0" 5'-0" 52'-0"
18'-0" 40'-0" 6'-0"
7'-5"
18'-0" 6'-0" 28'-0" 18'-0"
1'-7"
7@9'=63'-0" 28' WIDE FIRE LANE 28' WIDE FIRE LANE
28' WIDE FIRE LANE
UTILITY
EASEMENT
64'-0"
70'-0" 18'-0" 28'-0" 5'-6" PROPERTY LINE PROPERTY LINE
PROPERTY LINE
PROPERTY LINE TYP. TYP. TYP.
55'-0" 5'-0" 52'-0" TYP. 24'-6" 8"
24'-8"
24'-0"
71'-5" 19'-6" 22@9'=18'-0"10'-3" 6@9'=54'-0" 10'-3"2@9'=18'-0" ELECTRICAL ROOM TELEPHONE ROOM R38'-0" R25'-0"
R10'-0"
R3'-0"
9"
18'-0" 1'-5" PUMP ROOM 26'-0" 35'-6" OFFICE TENANT A OFFICE TENANT B OFFICE TENANT C OFFICE TENANT D 9'-0" 11@9'=99'-0" TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. ARCHITECTURAL OVERALL SITE PLAN 1" = 30'-0" DRC-A1.01 SCALE OVERALL SITE PLAN 1 CHECKED SHEET TITLE SHEET NUMBER JOB No. DRAWN 23-064 No. ISSUANCE DATE REN. 12-31-25 NO. C-33677I HO L RC ST O TE A F CA LI E ED SNE STC VE K . A IA FORN IT H TC NGE STEVE HONG CONSULTANTS S T E V E K H O N G A R C H I T E C T STEVE HONG 4 0 0 0 W E S T E R L Y P L A C E S U I T E 1 0 0 NEWPORT BEACH C A L I F O R N I A 9 2 6 6 0 PROJECT MANAGER: STEVE HONG 714 - 822 - 1171, [email protected] CIVIL ENGINEER LANDSCAPE ARCHITECT HUNTER LANDSCAPE INC. 711 S. FEE ANA ST. PLACENTIA CA 92870 [email protected] ATTN: NATHALIE MEJIA KIMLEY-HORN 245 E. THIRD STREET LONG BEACH, CA 90802 562 549 2141 EMAIL: [email protected] ATTN: HUNTER STARKEY MECHANICAL ENGINEER PLUMBING ENGINEER ELECTRICAL ENGINEER STRUCTURAL ENGINEER HSA AND ASSOCIATES, INC. 301 NORTH LAKE AVENUE 5TH FLOOR PASADENA, CA 91101 EMAIL: [email protected] ATTN: RAFIK GERGES RPM ENGINEERS, INC. 102 DISCOVERY IRVINE, CA 92618 949-450-1229 EMAIL: [email protected] ATTN: JOSE BELTRAN K2M ENGINEERING 23276 SOUTH POINTE DR., UNIT 102 LAGUNA HILLS, CA 92653 949-419-9908 EMAIL: [email protected] ATTN: KEN MELGOZA RPM ENGINEERS, INC. 102 DISCOVERY IRVINE, CA 92618 949-450-1229 EMAIL: [email protected] ATTN: MAURICE YEE GENERAL NOTES SITE PAVING WITH HEAVY BROOM FINISH. SEE CIVIL FOR PAVEMENT THICKNESS. 1KEYNOTES DECORATIVE PAVEMENT AT ENTRY - COLORED CONCRETE W/ SAW CUT PATTERN. SEE DETAIL 13/DRC-A4.01 23 PRIMARY BUILDING. 4 PEDESTRIAN CONCRETE WALKWAY WITH MEDIUM BROOM FINISH. 56 8'H & 10'H CONCRETE SCREEN WALL. 8'H BLACK PAINTED VEHICULAR ROLLING GATE WITH KNOX PAD LOCK. MANUALLY OPERATED. PROVIDE CONDUITS FOR FUTURE OPERATOR. 7 5'-6" X 6' X 4" THICK CONCRETE LANDING PAD AT ALL EXTERIOR MANDOORS WITH MEDIUM BROOM FINISH. 89 FUTURE MONUMENT SIGN WITH ELEC. CONDUITS. 11 TRASH ENCLOSURE. SEE DETAIL 1/DRC-A4.01 13 EXTERIOR CONCRETE STAIR. APPROXIMATE LOCATION OF ELEC. TRANSFORMER WITH BOLLARD PROTECTION AND LANDSCAPE SCREENING. 14 LEGEND 1. ALL DIMENSIONS ARE TO FACE OF CONCRETE WALL, FACE OF CONCRETE CURB OR GRID LINES UNLESS NOTED OTHERWISE, 2. ENTIRE PROJECT SHALL BE PERMANENTLY MAINTAINED WITH A SMART AUTOMATIC IRRIGATION SYSTEM. 3. SEE CIVIL DRAWINGS FOR ADDITIONAL INFORMATION REGARDING SITE DRAINAGE, TOPOGRAPHY AND UTILITIES. 4. FOR PAVING SECTIONS, CONCRETE CURBS, SWALES AND GUTTERS SEE CIVIL DRAWINGS. 5. PROPERTY LINE ARE REFERENCE ONLY. REFER TO CIVIL DRAWINGS FOR HORIZONTAL CONTROL. 6. LANDSCAPE AREAS SHALL BE DELINEATED WITH A MIN. 6" CONCRETE CURB. 16 SHORT TERM - BICYCLE RACK 8% OF PARKING STALL. 17 DESIGNATED SMOKING AREA - 25' AWAY FROM ANY ENTRY. PROPERTY LINE ACCESSIBLE PATH OF TRAVEL. MAX 5% SLOPE AND MAX 2% CROSS SLOPE WITH 48" MIN. CLEAR, UNLESS NOTED OTHERWISE WITH ADA ACCESSIBLE RAMP LANDSCAPE, SEE LANDSCAPE DRAWINGS APPLICANT/OWNER PROJECT ADDRESS / APN REXFORD INDUSTRIAL 555 ANTON BLVD. SUITE 910 COSTA MESA, CA 92626 CONTACT: [email protected] ATTN: STEPHEN NORMAN PROJECT DESCRIPTION COMPLETE DEMO OF (5) EXISTING STRUCTURES AND SITE TOTALING 4.6 ACRES IN PREPARATION FOR NEW DEVELOPMENT. NEW CONSTRUCTION FOR (1) SPECULATIVE 103,108 S.F. TYPE III-B, S-1/B OCCUPANCY WAREHOUSE WITH ESFR FIRE SPRINKLER SYSTEM. PROPOSED SITE IMPROVEMENTS CONSIST OF TRASH ENCLOSURE, SITE LIGHTING STANDARDS, CONCRETE SCREEN WALL AND HARDSCAPE/LANDSCAPE IMPROVEMENTS PER CITY STANDARDS. ANTICIPATED CONSTRUCTION START: Q4 2024 PROJECT DATA VICINITY MAP EV CHARGIN STATION 11214 RUSH STREET SOUTH EL MONTE CA 91733 APN: 8114-013-007, 008, 009, 010, 010 18 OUTDOOR PATIO. SCREENING PLANTER, SEE DETAIL 15/DRC-A4.01 STANDARD PARKING STALL 9' X 18' ADA PARKING VAN 12' X 18' OR STANDARD 9' X 18' WITH 5' CLR AISLE VAN (12'X18') / STANDARD ACCESSIBLE (9'X18') EVCS WITH ISA SIGN AND MARKING "EV CHARGING ONLY" WITH 5' ACCESSIBLE AISLE.
EV CHARGING
ONLY STANDARD EVCS PARKING STALL 9' X 18' EVCS EV CAP. EVCS STANDARD EV CAPABLE PARKING STALL 9' X 18' RUSH ST TYLER AVE DURFEE AVE 60 FWY 605 FWY PROJECT SITE TRUE NORTH PROJECT NORTH
R U S H S T R E E T
40'-0"
DRIVEWAY
TRUCK / AUTO 0' 3
40'-0" PROPERTY LINE PROPERTY LINE
PROPERTY LINE
PROPERTY LINE 106'-9" ON-SITE STACKING DISTANCE L T TR ARCHITECTURAL CIRCULATION PLAN 1" = 30'-0" DRC-A1.02 SCALE OVERALL CIRCULATION PLAN 1 CHECKED SHEET TITLE SHEET NUMBER JOB No. DRAWN 23-064 No. ISSUANCE DATE REN. 12-31-25 NO. C-33677I HO L RC ST O TE A F CA LI E ED SNE STC VE K . A IA FORN IT H TC NGE STEVE HONG CONSULTANTS S T E V E K H O N G A R C H I T E C T STEVE HONG 4 0 0 0 W E S T E R L Y P L A C E S U I T E 1 0 0 NEWPORT BEACH C A L I F O R N I A 9 2 6 6 0 PROJECT MANAGER: STEVE HONG 714 - 822 - 1171, [email protected] CIVIL ENGINEER LANDSCAPE ARCHITECT HUNTER LANDSCAPE INC. 711 S. FEE ANA ST. PLACENTIA CA 92870 [email protected] ATTN: NATHALIE MEJIA KIMLEY-HORN 245 E. THIRD STREET, LONG BEACH, CA 90802 562 549 2141 EMAIL: [email protected] ATTN: HUNTER STARKEY MECHANICAL ENGINEER PLUMBING ENGINEER ELECTRICAL ENGINEER STRUCTURAL ENGINEER TRUE NORTH PROJECT NORTH
R U S H S T R E E T
28'-0"
DRIVEWAY
AUTO ONLY
40'-0"
DRIVEWAY
TRUCK / AUTO R24'-0" R35'-0" R10'-0"
R3'-0"
40'-0" PROPERTY LINE PROPERTY LINE
PROPERTY LINE
PROPERTY LINE 106'-9" ON-SITE STACKING DISTANCE (4) VISITOR PARKING SPACES (4) VISITOR PARKING SPACES (4) VISITOR PARKING SPACES (4) VISITOR PARKING SPACES 138 PARKING SPACES 16 VISITOR PARKING SPACES REMAINDER FOR EMPLOYEE PARKING NO TRAILER PARKING 40'-0"
GATE TO REMAIN OPEN
DURING BUSINESS HOURS
28'-0"
GATE TO REMAIN OPEN
DURING BUSINESS HOURS LINE OF SIGHT TRIANGLE 7' / 50' LINE OF SIGHT TRIANGLE 7' / 50' LINE OF SIGHT TRIANGLE 7' / 50' TYP. ARCHITECTURAL CIRCULATION PLAN 1" = 30'-0" DRC-A1.02 SCALE OVERALL CIRCULATION PLAN 1 CHECKED SHEET TITLE SHEET NUMBER JOB No. DRAWN 23-064 No. ISSUANCE DATE REN. 12-31-25 NO. C-33677I HO L RC ST O TE A F CA LI E ED SNE STC VE K . A IA FORN IT H TC NGE STEVE HONG CONSULTANTS S T E V E K H O N G A R C H I T E C T STEVE HONG 4 0 0 0 W E S T E R L Y P L A C E S U I T E 1 0 0 NEWPORT BEACH C A L I F O R N I A 9 2 6 6 0 PROJECT MANAGER: STEVE HONG 714 - 822 - 1171, [email protected] CIVIL ENGINEER LANDSCAPE ARCHITECT HUNTER LANDSCAPE INC. 711 S. FEE ANA ST. PLACENTIA CA 92870 [email protected] ATTN: NATHALIE MEJIA KIMLEY-HORN 245 E. THIRD STREET, LONG BEACH, CA 90802 562 549 2141 EMAIL: [email protected] ATTN: HUNTER STARKEY MECHANICAL ENGINEER PLUMBING ENGINEER ELECTRICAL ENGINEER STRUCTURAL ENGINEER TRUE NORTH PROJECT NORTH
551'-0" 33'-6" 56'-0" 65'-0" 65'-0" 56'-0" 56'-0" 65'-0" 65'-0" 56'-0" 33'-6" 551'-0" 33'-6" 56'-0" 65'-0" 65'-0" 56'-0" 56'-0" 65'-0" 65'-0" 56'-0" 33'-6" 205'-6"
45'-6" 40'-0" 60'-0" 60'-0"
205'-6"
45'-6" 40'-0" 60'-0" 60'-0"
21'-0" 3'-0" 3'-0"9'-2"
3'-0"9'-4" 3'-0" 20'-10" 6'-0" 12'-3" 12'-3" 6'-0" 15'-4" 3'-0" 19'-9" 3'-0" 3'-0" 19'-9" 3'-0" 15'-4" 1'-4" 1'-8" 3'-0" 22'-4" 19'-2" 3'-0" 3'-0" 1'-10" TYP. TYP. TYP. POTENTIAL OFFICE POTENTIAL OFFICE 6 DOCK DOORS TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. 6 DOCK DOORS TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. POTENTIAL OFFICE TYP. TYP. TYP. TYP. TYP. TYP. TYP. 4'-2" 3'-0" 4'-2" 3'-0"TYP. TYP. 65'-0" 56'-0" 33'-6" 7'-6" 6'-6" 1'-6"2'-6" 22'-6" 4'-0" 3'-0" 4'-6" 3'-9" 6'-0" 8'-3" 2'-6"
5'-0"
3'-0"
45'-6"
2'-6" 2'-6" 4'-0" 22'-6" 16'-6"
4'-6" TYP. POTENTIAL OFFICE TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. 3'-0" 2" 3'-0" 3'-4" 46'-0" TYP. TYP. TYP.
9'-2" 8'-11" 5'-0" 1'-6" 54'-6" ARCHITECTURAL OVERALL FLOOR PLAN DRC-A2.01 CHECKED SHEET TITLE SHEET NUMBER JOB No. DRAWN 23-064 No. ISSUANCE DATE REN. 12-31-25 NO. C-33677I HO L RC ST O TE A F CA LI E ED SNE STC VE K . A IA FORN IT H TC NGE STEVE HONG CONSULTANTS S T E V E K H O N G A R C H I T E C T STEVE HONG 4 0 0 0 W E S T E R L Y P L A C E S U I T E 1 0 0 NEWPORT BEACH C A L I F O R N I A 9 2 6 6 0 PROJECT MANAGER: STEVE HONG 714 - 822 - 1171, [email protected] CIVIL ENGINEER LANDSCAPE ARCHITECT HUNTER LANDSCAPE INC. 711 S. FEE ANA ST. PLACENTIA CA 92870 [email protected] ATTN: NATHALIE MEJIA KIMLEY-HORN 245 E. THIRD STREET, LONG BEACH, CA 90802 562 549 2141 EMAIL: [email protected] ATTN: HUNTER STARKEY MECHANICAL ENGINEER PLUMBING ENGINEER ELECTRICAL ENGINEER STRUCTURAL ENGINEER GENERAL NOTES 1 CONCRETE TILT UP PANEL. KEYNOTES 2 STRUCTURAL STEEL BUILDING COLUMN STOREFRONT SYSTEM AND GLAZING SEE ELEVATION FOR SPECIFICATION 3 CONCRETE RAMP WITH 42" H CONC. TILT UP GUARD WALL OR BUILDING WALL 4 9'X10' X 24 GA OVER HEAD ROLL UP DOOR, COUNTER BALANCED WITH 24" X 6" VISION PANEL. STANDARD GRADE WITH WHITE FACTORY FINISH 5 12'X14' X 24 GA OVER HEAD ROLL UP DOOR, COUNTER BALANCED WITH 24" X 6"VISION PANEL STANDARD GRADE WITH WHITE FACTORY FINISH. 67 3'X7' HOLLOW METAL DOOR AND FRAME. 8 PROTECTIVE BOLLARD 9 CONCRETE STAIR 10 LONG TERM INTERIOR BICYCLE RACK 11 ROOF ACCESS LADDER 12 ELECTRICAL ROOM 1. REFER TO CIVIL DRAWINGS FOR SLAB ON GRADE FINISH FLOOR ELEVATION ANY DIRECTION OF SLOPE IF ANY. 2. SLOPE POUR STRIP 12" TO EXTERIOR AT ALL MAN DOORS AND DOCK DOORS. SEE STRUCTURAL DRAWINGS FOR POUR STRIP LOCATIONS. 3. ALL DIMENSIONS ARE TO FACE OF CONCRETE PANEL WALL, GRID LINE OR FACE OF STUD UNLESS NOTED OTHERWISE. 4. REFER TO CIVIL DRAWINGS FOR POINT CONNECTION TO OFF-SITE UTILITIES AND CONTRACTOR TO VERIFY ACTUAL UTILITY LOCATIONS. 5. CONTRACTOR TO PROTECT AND KEEP FLOOR SLAB CLEAN. ALL EQUIPMENT TO BE DIAPERED INCLUDING CARS AND TRUCKS TO PREVENT OIL SPILLS. 6. CONCRETE SLAB TO HAVE STEEL FLOAT TROWEL BURNISHED FINISH. 7. ALL FLOOR SLAB NAIL OR BRACE FRAME HOLES SHALL BE FILLED WITH APPROVED 2 PART EPOXY COMPOUND TO MATCH CONCRETE COLOR. 8. PROVIDE MM-EP-90 AT CONTROL/EXPANSION JOINTS AT THE SPEEDBAY ONLY. PAINT NOTES 1. INTERIOR CONCRETE WALL: SINGLE COAT OF ACRYLIC PAINT ON INTERIOR WALLS. SHERWIN WILLIAMS, "SNOWBOUND" SW 7004 - FLAT SHEEN. 2. ALL STRUCTURAL STEEL MEMBER INCLUDING COLUMNS, LEDGERS, JOISTS, GIRDERS SHALL RECEIVE LIGHT GRAY SHOP PRIMER. ANY FIELD WELDS SHALL BE TOUCHED UP TO MATCH SHOP PRIMER. 3. STRUCTURAL COLUMNS SHALL, SHALL RECEIVE A COAT OF OSHA YELLOW SAFETY WARNING COLOR, PAINT UP TO 12' ABOVE FINISH FLOOR. 4. ARCHITECTURAL COATINGS REQUIRE USE OF HVLP SPRAYING EQUIPMENT OR MINIMUM TRANSFER RATE OF AT LEAST 50% OR MANUAL APPLICATION TECHNIQUE. 5. PAINT SHALL BE OF "SUPER COMPLIANT" LOW VOC PER SCAQMD RULE 1113. 1/8" = 1'-0" SCALE ENLARGED FLOOR PLAN 2 1" = 30'-0" SCALE OVERALL FLOOR PLAN 1 TRUE NORTH PROJECT NORTH TRUE NORTH PROJECT NORTH
TYP. 551'-0" 33'-6" 56'-0" 65'-0" 65'-0" 56'-0" 56'-0" 65'-0" 65'-0" 56'-0" 33'-6" 551'-0" 33'-6" 56'-0" 65'-0" 65'-0" 56'-0" 56'-0" 65'-0" 65'-0" 56'-0" 33'-6" 205'-6"
45'-6" 40'-0" 60'-0" 60'-0"
205'-6"
45'-6" 40'-0" 60'-0" 60'-0"
20'-0" 10'-0" 20'-0" 10'-0" 20'-0" 25'-6" 10'-0" 20'-0" 30'-0" 20'-0" MIN. TO DRAIN
SLOPE 1/4" PER FT.
MIN. TO DRAIN
SLOPE 1/4" PER FT.
MIN. TO DRAIN
SLOPE 1/4" PER FT.
MIN. TO DRAIN
SLOPE 1/4" PER FT. 36'-0" 20'-0" 20'-0" 36'-0"
2'-0"
2'-0"
2'-0"
2'-0"
2'-0"
2'-0"
4'-0"
2'-10"
2'-0"
2'-0"
2'-10"
4'-0" 2'-0" 2'-0" 2'-0" 2'-0"
2'-0"
2'-0"
20'-0" 23'-6" 10'-0" 22'-0" 34'-0" 6'-0" 32'-0" 27'-0" 5'-0" 40'-0" 20'-0" 20'-0" 36'-0" 4'-0" 32'-0" 20'-0" 20'-0" 40'-0" 5'-0" 27'-0" 32'-0" 6'-0" 34'-0" 22'-0" 10'-0" 23'-6" RIDGE LINE RIDGE LINE TYP. TYP. TYP. TYP. TYP. TYP. 2'-0"
2'-0"
2'-0"
2'-0"
2'-0"
2'-0" 2'-0" 2'-0" 2'-0" 2'-0" TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. 26'-0" 346'-0" 16'-0" 14'-0" 6'-0" 14'-0" 10'-0" 14'-0" 6'-0" 30'-0" ARCHITECTURAL OVERALL ROOF PLAN DRC-A2.10 CHECKED SHEET TITLE SHEET NUMBER JOB No. DRAWN 23-064 No. ISSUANCE DATE REN. 12-31-25 NO. C-33677I HO L RC ST O TE A F CA LI E ED SNE STC VE K . A IA FORN IT H TC NGE STEVE HONG CONSULTANTS S T E V E K H O N G A R C H I T E C T STEVE HONG 4 0 0 0 W E S T E R L Y P L A C E S U I T E 1 0 0 NEWPORT BEACH C A L I F O R N I A 9 2 6 6 0 PROJECT MANAGER: STEVE HONG 714 - 822 - 1171, [email protected] CIVIL ENGINEER LANDSCAPE ARCHITECT HUNTER LANDSCAPE INC. 711 S. FEE ANA ST. PLACENTIA CA 92870 [email protected] ATTN: NATHALIE MEJIA KIMLEY-HORN 245 E. THIRD STREET, LONG BEACH, CA 90802 562 549 2141 EMAIL: [email protected] ATTN: HUNTER STARKEY MECHANICAL ENGINEER PLUMBING ENGINEER ELECTRICAL ENGINEER STRUCTURAL ENGINEER OVERALL ROOF PLAN 1" = 30'-0" SCALE 1 GENERAL NOTES 1KEYNOTES 4 PLY, CLASS "A" BUILT UP ROOFING, JOHNS MANVILLE 4GNC OR EQUAL. PROVIDE 15 YEAR NO DOLLAR WARRANTY WITH 20 YEAR ALTERNATE. 2 EXHAUST FAN PER MECHANICAL. 4 MECHANICAL ROOF TOP EQUIPMENT PER MECHANICAL/STRUCTURAL. 5 LEGEND 1. VERIFY THAT ALL AREAS HAVE A POSITIVE 14" PER FOOT MIN DRAINAGE PRIOR TO INSTALLATION UNLESS NOTED BY THE STRUCTURAL DRAWINGS 2. COORDINATE WITH STRUCTURAL DRAWINGS FOR ROOF ELEVATIONS. 3. CONTRACTOR SHALL VERIFY ALL MECHANICAL UNIT LOCATIONS, CURBS AND HOOK UPS WITH SUBCONTRACTORS, MECHANICAL / STRUCTURAL ENGINEERS AND ARCHITECT PRIOR TO INSTALLATION. 4. BEFORE SETTING AND ANCHORING OF ANY ROOF MOUNTED EQUIPMENT. CONTRACTOR TO CHECK IF SUCH EQUIPMENT ARE VISIBLE FROM PUBLIC WAY. ALERT THE ARCHITECT IF VISIBLE. 5. PROVIDE INVERTED CAP SHEET CRICKETS ALONG UPPER SLOPE OF ALL SKYLIGHTS, MECHANICAL EQUIPMENT UNITS AND OTHER OPENINGS TO FACILITATE POSITIVE DRAINAGE. 6. WHEN REQUIRED BY LOCAL JURISDICTION AND PRIOR TO TRUSS INSTALLATION, TRUSS MANUFACTURE TO SUBMIT PLANS TO BUILDING DEPARTMENT FOR APPROVAL. 7. CONTRACTOR SHALL INSURE PRIOR JOB-SITE STORAGE OF MATERIALS TO MINIMIZE EXPOSURE TO MOISTURE DURING THE CONSTRUCTION CYCLE. 8. CONTRACTOR TO VERIFY ALL ROOF DEPRESSIONS PER STRUCTURAL DRAWINGS. 9. REFER TO PLUMBING DRAWINGS FOR ROOF DRAIN AND SIZING. 10. ALL ROOF FASTENERS SHALL MEET ALL LOCAL CODE AND REGULATIONS AND REQUIREMENTS. PRIOR REQUIREMENTS ARE IN PROJECT JURISDICTION AND ALSO FACTORY MUTUAL WIND UPLIFT PRESSURE REQUIREMENTS. 11. WHEN APPLICABLE, FUSEABLE LINKS FOR SMOKE VENTS SHALL BE ONE TEMPERATURE RANGE HIGHER THAN THE ESFR SPRINKLER SYSTEM. 12. WHEN APPLICABLE, SMOKE VENTS SHALL BE REQUIRED IF AREAS FOR "POTENTIAL OFFICES" WILL BE USED FOR HIGH PILE COMBUSTIBLE STORAGE. 13. ROOF DRAINS, OVERFLOW DRAINS AND RAINWATER PIPING WITHIN THE INTERIOR OF THE BUILDING SHALL BE TESTED IN ACCORDANCE WITH THE PROVISIONS OF THE PLUMBING CODE FOR TESTING DRAIN, WASTE, AND VENT SYSTEMS. 14. ROOF DRAINS, OVERFLOW DRAINS AND PIPING WITHIN THE BUILDING SHALL UTILIZE APPROVED DRAINAGE FITTINGS. 15. MANUFACTURE ROOF DRAINS AND OVERFLOWS SHALL BE IAPMO LISTED. 16. REFER TO 5/A9.20 FOR MINIMUM CLEARANCE REQUIREMENT. 17. AT THE END OF CONSTRUCTION, CLEAR ALL CONSTRUCTION DEBRIS ON ROOF AND AROUND ROOF DRAINS AND SCUPPERS PLUMBING VENT PIPE PER PLUMBING. 6 STRUCTURAL JOIST/GIRDER BELOW 3 CONCRETE PARAPET WALL PER STRUCTURAL. PAINT INSIDE FACE AND TOP OF PARAPET WALL WITH DOMINANT BUILDING COLOR WITH ELASTOMERIC PAINT. TOP OF PARAPET SHALL BE SACKED SMOOTH. 5' WIDE WALK PAD, JOHNS MANVILLE DYNATRED OR EQ. 78910 EXTERIOR DOWN SPOUT AND OVERFLOW SCUPPERS. 11 INTERIOR ROOF DRAIN AND OVERFLOW SCUPPERS. 12 INTERIOR ROOF DRAIN AND OVERFLOW DRAIN. WHITE SCRIM UNDER ROOF DECK 13 ROOF ADDRESS NUMBER, 4'H TEXT, BLACK STENCIL CONCRETE PARAPET RETURN 4'X8' CURB MOUNTED SKYLIGHTS ICC ESR 3177. BRISTOLITE T4896-SS-CM-1-HS1 OR EQUAL 14 30" X 54" ACCESS ROOF HATCH WITH 42" BUILT IN GUARD RAIL. SKYLIGHT & SMOKE HATCH SOLAR READY AREA CALC. 4'X8' CURB MOUNTED SMOKE HATCH UL - 793 - 12/A6.10 ARCRALIGHT SOLAR, S-ULSV2D SOLAR READY AREA, SEE SOLAR READY CALCULATION BELOW ROOF AREA: 97,108 S.F. 32' CLEAR MIN FROM 1ST COLUMN LINE + 6" SMOKE HATCH PROVIDED: 0.5% - 480 S.F. (15 EACH) SKYLIGHTS PROVIDED: 2.0% - 1,920 S.F. (60 EACH) TOTAL: 2.5% - 2,400 S.F. (75 EACH) BURGLAR BARS REQUIRED: YES 15% OF ROOF AREA REQUIRED TO BE SOLAR READY ROOF AREA: 97,108 S.F. AREA OF SMOKE/SKYLIGHTS: 2,400 S.F. (ROOF AREA - AREA OR SMOKE/SKYLIGHTS) X 0.15 = NET AREA REQ 97,108 S.F. - 2,400 S.F. X 0.15 = 14,206 S.F. REQUIRED SOLAR READY AREA PROVIDED: 14,206 S.F. PROVIDED TRUE NORTH PROJECT NORTH
60'-0" 60'-0" 40'-0" 45'-6" 205'-6"
42'-0"
40'-0" TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. 36" TYP.
36" TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. 33'-6" 56'-0" 65'-0" 65'-0" 56'-0" 56'-0" 65'-0" 65'-0" 56'-0" 33'-6" 42'-0" 551'-0"
42'-0" TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP.
36" TYP. TYP.
36" TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. 45'-6" 40'-0" 60'-0" 60'-0" 205'-6" 40'-0"
42'-0" TYP. TYP.
36'' TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. 33'-6" 56'-0" 65'-0" 65'-0" 56'-0" 56'-0" 65'-0" 65'-0" 56'-0" 33'-6" 551'-0" 40'-0"
40'-0" TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. 18"
36"
36"
18" TYP. TYP. TYP. TYP.
42'-0"
10'-0" 5'-0" 10'-0" 17'-0" F.F. T.O.P. 33'-6" 56'-0" 65'-0" 3'-0" 26'-6" 2'-6" 26'-6" 28'-0" 23'-0" 23'-0" 6'-6" 7'-6" 1'-6"
1'-6"
1'-6" TVTVTV TV TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. TYP. 2'-0"
3'-6" TV TVTVTV TVTVTV TVTVTV TSTSTSTSTSTS TVTV TVTVTSTS 1'-6" 1'-6" 5'-0" TYP. 1'-6" TV TSTSTS TYP. TYP. TYP.
5'-6" TV
36'' TYP. TYP. TVTVTSTSTVTV 60'-0"
40'-0" TYP. TYP. TYP. TYP. TYP. 60'-0"
40'-0" TYP. TYP. TYP. TYP. 60'-0"
40'-0" TYP. TYP. TYP. TYP.TYP. 60'-0"
40'-0" TYP. TYP. TYP. TYP. TYP. ARCHITECTURAL ELEVATIONS DRC-A3.01 CHECKED SHEET TITLE SHEET NUMBER JOB No. DRAWN 23-064 No. ISSUANCE DATE REN. 12-31-25 NO. C-33677I HO L RC ST O TE A F CA LI E ED SNE STC VE K . A IA FORN IT H TC NGE STEVE HONG CONSULTANTS S T E V E K H O N G A R C H I T E C T STEVE HONG 4 0 0 0 W E S T E R L Y P L A C E S U I T E 1 0 0 NEWPORT BEACH C A L I F O R N I A 9 2 6 6 0 PROJECT MANAGER: STEVE HONG 714 - 822 - 1171, [email protected] CIVIL ENGINEER LANDSCAPE ARCHITECT HUNTER LANDSCAPE INC. 711 S. FEE ANA ST. PLACENTIA CA 92870 [email protected] ATTN: NATHALIE MEJIA KIMLEY-HORN 245 E. THIRD STREET, LONG BEACH, CA 90802 562 549 2141 EMAIL: [email protected] ATTN: HUNTER STARKEY MECHANICAL ENGINEER PLUMBING ENGINEER ELECTRICAL ENGINEER STRUCTURAL ENGINEER 1/8" = 1'-0" SCALE ENLARGED NORTH ELEVATION 9 1" = 20'-0" SCALE NORTH ELEVATION 1 GENERAL NOTES 1KEYNOTES 2 CONCRETE PANEL JOINT 3 PAINTED CONCRETE REVEAL. 4 9' X 10' OVER HEAD DOCK HIGH DOOR 12' X 14' OVER HEAD GRADE LEVEL DOOR 5 ALUMINUM STOREFRONT GLAZING SYSTEM. SEE GLAZING LEGEND 67 3'X7' HOLLOW METAL DOOR AND FRAME. GLAZING LEGEND 1. ALL PAINT COLOR CHANGES TO OCCUR AT INSIDE CORNERS UNLESS NOTED OTHERWISE. 2. ALL PAINT FINISHES ARE TO BE FLAT UNLESS NOTED OTHERWISE. 3. STOREFRONT CONSTRUCTION: GLASS, METAL ATTACHMENTS AND LINTELS SHALL BE DESIGNED TO RESIST WIND EXPOSURE "C" WINDS. CONTRACTOR SHALL SUBMIT SHOP DRAWINGS PRIOR TO INSTALLATION. 4. CONTRACTOR SHALL FULL PAINT ONE CONCRETE PANEL WITH SELECTED COLORS. ARCHITECT AND OWNER SHALL APPROVE PRIOR TO PAINT REMAINDER OF BUILDING. 5. BACK SIDE OF PARAPETS TO HAVE SMOOTH FINISH AND BE PAINTED WITH ELASTOMERIC PAINT. 6. FOR SPANDREL GLAZING, ALLOW SPACE BEHIND SPANDREL TO BREATH BY PROVIDING A MINIMUM 34" DIAMETER HOLE ON THE CORNER. 7. USE ADHESIVE BACK WOOD STRIPS FOR ALL REVEAL FORMS. 8. FIRST COAT OF PAINT TO BE ROLLED-ON AND THE SECOND COAT TO BE SPRAYED ON. 9. WATER BLAST EXTERIOR FACE OF BUILDING WALLS PRIOR TO PAINT. 10. ALL CONCRETE PANEL JOINTS SHALL BE CLEARED OF DEBRIS BY PRESSURING WASHING THE CAVITY AND GRIND ANY SHARP EDGES PRIOR TO APPLY PANEL CAULK JOINT. 11. ALL EXTERIOR DOORS AND LOUVERS SHALL BE FABRICATED AND WEATHER STRIPPED TO WITHSTAND WIND EXPOSURE "C" 12. CONTRACTOR TO PROVIDE MOCK UP PAINT FOR OWNER AND ARCHITECT'S APPROVAL PRIOR TO COMMENCING THE WORK. CONCRETE TILT UP WALL, SEE PAINT AND FINISH LEGEND BELOW 8 4'X8' PAINTED METAL LOUVER 9 ROOF DRAIN BLUE TEMPERED VISION GLASS BLUE TEMPERED CONCRETE BACKED SPANDREL GLASS OFFICE / POTENTIAL OFFICE AREAS: VITROGLAZING, VISTACOOL (2) PACIFICA + SOLARBAN 60 (3) VLT: 26, SHGC: 0.17, U VALUE: 0.29 1" INSULATED UNIT WITH 12" AIRSPACE AND (2) 14" UNITS WAREHOUSE GLAZING AREA: SINGLE PANE 14" VITROGLAZING VISTALCOOL PACIFICA. COLOR / FINISH LEGEND CANOPY: ALUCOBOND BRUSHED CARBON PAINTED CONCRETE SHERWIN-WILLIAMS SW 7003 TOQUE WHITE PAINTED CONCRETE SHERWIN-WILLIAMS SW 761 ON THE ROCKS PAINTED CONCRETE SHERWIN-WILLIAMS SW 7087 CITYSCAPE PAINTED CONCRETE SHERWIN-WILLIAMS SW 7069 IRON ORE CANOPY: ALUCOBOND SILVER METALIC 10 ROOF LINE BEYOND WALL MOUNTED EXTERIOR LIGHT FIXTURE. MODEL; LITHONIA LIGHTING, D-SERIES AREA SIZE 1, COLOR TEMP; 4000K. SEE DETAIL 14/DRC-A4.01 11 1" = 20'-0" SCALE WEST ELEVATION 2 1" = 20'-0" SCALE SOUTH ELEVATION 5 1" = 20'-0" SCALE EAST ELEVATION 6 1" = 20'-0" SCALE 3 1" = 20'-0" SCALE 4 1" = 20'-0" SCALE 7 1" = 20'-0" SCALE 8 NORTHWEST ELEVATION NORTHWEST ELEVATION NORTHEAST ELEVATION NORTHEAST ELEVATION
34" MAX JOINT PER STRUCTURAL PAINT JOINT CAULKING OVER BACKING. POWER WASH, CLEAN AND DRY PRIOR TO APPLYING CAULKING. ENSURE THAT NO DEBRIS IS BETWEEN THE JOINTS 34" CHAMFER TYPICAL 34" MAX JOINT PER STRUCTURAL ALTERNATE CONDITION AT BUTT ENDS, SEE FLOOR PLANS REFER TO STRUCTURAL DRAWINGS FOR ADDITIONAL DETAILS. PROVIDE 3HR RATED PANEL CAULK JOINT WHERE AT ALL REQUIRED EXTERIOR WALLS AS NOTED ON THE FLOOR PLAN 1 1/2" CONCRETE TILT PANEL AS OCCUR CONC. TILT TYP. PANEL JOINT 1 1/2"=1'-0" SCALE 12 HINGE AT GATE 3"=1'-0" SCALE 11 CONCRETE TILT PANEL PER STRUCTURAL AND ELEVATION #4 REBARS @ EACH HINGE POINT 4.5" X 4.5" X 12" CONTINUOUS STEEL EMBED ANGLE STEEL HINGES, WELD TO EMBED ANGLE. 3"X3"X1.5" STEEL ANGLE FRAME WELDED TO HINGES 18 GA X 1.5" DEEP STEEL DECKING WELD TO STEEL FRAME WITH 1.5" X 1.5" X 14" STEEL ANGLE CROSS BRACE GRIND SMOOTH ALL WELDS, SAND, PRIME AND PAINT PER ELEVATION LATCH AND CANE BOLT 3"=1'-0" SCALE 10 58" DIA. X 8" LONG STEEL PIN LATCH WITH 4" LONG HANDLE. 3 - 34" DIM. STEEL HOLLOW PIPE X 1 LONG WELD TO GATE. 2 - 58" DIA. X 10" MIN LONG STEEL CANE BOLT WITH 2" LONG HANDLE 34" DIA. 2" LONG STEEL HOLLOW PIPE WELD TO GATE GRIND SMOOTH ALL WELD, SAND, PRIME AND PAINT ALL ACCESSORIES LATCH CANE BOLT 1" 2" 1" 3" 1" 1/2" 1/2" 1 3/4" 1" 2" 2" C12 @ PERIMETER STRUCTURAL COLUMN ATTACH TO CONCRETE TILT PANEL SEE STRUCTURAL DRAWINGS CONCRETE TILT WALL AS OCCUR GRIND SMOOTH ALL WELDS, SAND, PRIME AND PAINT ALL STRUCTURAL STEEL MEMBERS PER ELEVATION4 20 GA GALVANIZED METAL DECK SCALE RIBS TO RUN DIRECTION OF SLOPE 3'-0" 1/2"=1'-0" SLOPE 14" PER 12" TRASH ENCLOSURE CANOPY SECTION ℄ OF COLUMN = ℄ OF PANEL ℄ OF COLUMN = ℄ OF PANEL PER STRUCTURAL MECH. SCREENING / PARAPET 1/2"=1'-0" SCALE 20 FINISH FLOORHVAC UNIT TOP OF PARAPET 42'-0"
VARIES, SEE ELEVATION 2" REVEAL A
1'-10" 2" 5'-1" 2" 4'-9" 2" 4'-10" 2" 4'-10" 2" 4'-8" 2" 2'-0" 3'-0" 2" 4'-9" 2" 4'-9" 2" 10'-0" 5'-0" 10'-0" GRID 2" MULLION 2" MULLION 2" MULLION 2" MULLION 2" MULLION 2" MULLION 2" MULLION 2" MULLION CANOPY 4'-0" 34" DIAMETER X 2" DEEP DRILLED HOLES IN SLAB FOR CANE BOLTS FOR EACH FATE AND ALSO HOLES FOR THE CAN BOLTS WITH THE GATES IN THE OPEN POSITION CONCRETE TILT UP PANELS PER STRUCTURAL DRAWINGS. SACK AND PATCH SMOOTH AND FINISH WITH PRIME AND PAINT PER ELEVATION 6" THICK MIN. CONCRETE SLAB WITH CONTROL JOINTS AS REQUIRED AND MEDIUM BROOM FINISH 12" EXPANSION JOINT MATERIAL AT INTERIOR PERIMETER WALL 6"H X 6"W CONCRETE CURB FOR WALL PROTECTION ORGANIC 3CU YARD BID 6'X3' RECYCLABLE 3CU YARD BID 6'X3' REFUSE 3CU YARD BID 6'X3' SLAB SLOPE @ 1% MAX 11'-3" EQ EQ 4'-0"
4'-0" 7'-0"
6'-2" TRASH ENCLOSURE METAL CANOPY MITERED CORNERS SEE DETAIL 12 STRUCTURAL STEEL CANOPY SEE DETAIL 3 AND 4 CONCRETE TILT UP PANELS PER STRUCTURAL DRAWINGS. SACK AND PATCH SMOOTH AND FINISH WITH PRIME AND PAINT PER ELEVATION METAL GATE WITH 1.5" X 1.2" X 14" STEEL ANGLE HORIZONTAL BRACE FOR SUPPORT. GRIND SMOOTH ALL WELD, PRIME AND PAINT PER ELEVATION FINISH SURFACE 1010 11 8" 8" EQ EQ
5'-6"
3" 12"L X 6"H REFLECTED PORCELAIN ENAMELED STEEL SIGH WITH 1" HIGH BLACK LETTERS ON A WHITE BACKGROUND TYP EXTEND OF METAL DECK TYP. MITERED CORNERS TYP #10 SMS WITH NEOPRENE WASHERS @ EVERY 4TH FLUE 20 GA GALANIZED METAL DECK WITH 1.5" DEEP RIBS, SHIP LAP MIN 8" 4X4 HSS PER STRUCTURAL C12 @ PERIMETER PER STRUCTURAL SLOPE 14" PER 12" 11'-9" EQ EQ ℄ ℄ ℄ 10" 10" 12'-6" 11'-6"
12'-3"
10" 10" ℄ ℄ 4 GRIND SMOOTH ALL WELDS, SAND, PRIME AND PAINT ALL STRUCTURAL STEEL MEMBERS 3/8"=1'-0" SCALE 1 CONCRETE TILT TRASH ENCLOSURE 3/8"=1'-0" SCALE TRASH ENCLOSURE ELEVATION 2 3/8"=1'-0" SCALE 3 2 SWALE PER CIVIL DRAWINGS REFER TO SOIL'S REPORT FOR SLAB PREPARATION AND REINFORCEMENT FOR SLAB AS REQUIRED CONCRETE TILT UP PANEL 6" THICK COCNRETE SLAB WITH MEDIUM BROOM FINISH. PROVIDE CONTROL JOINTS AS REQUIRED 12" EXPANSION JOINT MATERIAL 6"H CONCRETE CURB 3/8"=1'-0" CONCRETE APRON PER CIVIL TRASH ENCLOSURE SECTION FOOTING PER STRUCTURAL SCALE 5 34" CHAMFER AT ALL OUTSIDE CORNERS TYP FOR COMMERCIAL EDIBLE FOOD GENERATORS, PLEASE REFER TO SAMC SECTION 16-37 FOR CITY'S REQUIREMENT PROVIDE ANTI-GRAFFITI COATING FOR THE TRASH ENCLOSURE 2'-0" 2'-0" 8" 8" 3'-6"
3'-6" 2'-0" MIN. FOR SHORT PLANTINGS 2'-0" 1"
1'-7" 8" 8" 3" 1'-0" 1'-0" PLANTER DRAINAGE CONNECTED TO EITHER ADJACENT ROOM DRAIN OR DRAIN PIPE TO CURB FACE TRITON STONE BLACK SLATE TILE VENEER CONCRETE WALL BITCHUTHANE WATERPROOFING MEMBRANE ON PLANTER WALL COMPACTED SUB-GRADE #4 VERT. REBAR@ 24" O.C. ALT. BEND AT FOOTING #4 REBAR @24" O.C. HORIZONTAL CONCRETE FOOTING ADJACENT PAVING OUTDOOR BREAK AREA SURFACE L5X5X1/4 FRAME TYP TUB 1X2X1/4 TUBULAR TYP WOOD PLANKS GENERAL NOTES: PLANTER WALL TO BE CONCRETE. 3/8"=1'-0" SCALE STANDARD 42" PLANTER WALL 15 CONTROL JOINTS MIN. 1/2" DEEP, TYP. 4'-0"
TYP. 3'-0" TYP. 12" 20'-0" SAND BLAST TOPCAST FINISH NATURAL COLOR CONCRETE THROUGHOUT STANDARD ENHANCED DRIVEWAY 1/16"=1'-0" SCALE 13 PROPERTY LINE PROPERTY LINE BUILDING LANDSCAPE LANDSCAPE 6" CONC. CURB - REFER TO "C" DWGS. WALL MOUNT EXTERIOR LIGHT N.T.S. SCALE 14 ARCHITECTURAL ONSITE TRASH ENCLOSURE DRC-A4.01 CHECKED SHEET TITLE SHEET NUMBER JOB No. DRAWN 23-064 No. ISSUANCE DATE REN. 12-31-25 NO. C-33677I HO L RC ST O TE A F CA LI E ED SNE STC VE K . A IA FORN IT H TC NGE STEVE HONG CONSULTANTS S T E V E K H O N G A R C H I T E C T STEVE HONG 4 0 0 0 W E S T E R L Y P L A C E S U I T E 1 0 0 NEWPORT BEACH C A L I F O R N I A 9 2 6 6 0 PROJECT MANAGER: STEVE HONG 714 - 822 - 1171, [email protected] CIVIL ENGINEER LANDSCAPE ARCHITECT HUNTER LANDSCAPE INC. 711 S. FEE ANA ST. PLACENTIA CA 92870 [email protected] ATTN: NATHALIE MEJIA KIMLEY-HORN 245 E. THIRD STREET, LONG BEACH, CA 90802 562 549 2141 EMAIL: [email protected] ATTN: HUNTER STARKEY MECHANICAL ENGINEER PLUMBING ENGINEER ELECTRICAL ENGINEER STRUCTURAL ENGINEER
ATTACHMENT C
ATTACHMENT D
City Council Agenda Report
Agenda Item No. 7.e.
DATE: May 6, 2025
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Danilo Batson, Interim Director of Public Works SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
25-043, AUTHORIZING THE PURCHASE OF THREE (3) FORD
F-150 VEHICLES FOR THE PUBLIC WORKS DEPARTMENT
FROM KEN GRODY FORD OF BUENA PARK, CALIFORNIA
SUMMARY: The Public Works Department is responsible for the oversight and maintenance of the City’s infrastructure, including city roadways, public buildings, landscaped areas, and vehicles. The Department seeks approval to purchase three (3) new 2025 Ford F-150 Pick-up Trucks this fiscal year instead of next fiscal year due to inflation and supply chain issues expected from the recent global tariffs, utilizing General Fund Public Works Department Vehicle Maintenance Division – Vehicle Expenditures (Account No. 01.01.0170.6010), as the General Fund will still be balanced for the current year.
RECOMMENDED ACTION: Staff recommends City Council:
1. Approve Resolution No. 25-043, approving the purchase of three (3) F-150 Ford Pick-up Trucks from Ken Grody Ford of Buena Park, California; and
2. Authorize the City Manager to negotiate and execute all requisite documents for the purchase.
FISCAL/FINANCIAL IMPACT: The City will be utilizing General Fund Balance to purchase these new 2025 F-150 Pick-up Trucks. Three (3) vehicles have a total estimated cost of $134,683.00 plus tax and license, for one (1) Ford F-150 Super Crew and two (2) F-150 Regular Cab. The amount will come from General Fund under Public Works Department Vehicle Maintenance Division – Vehicle Expenditures (Account No.
01.0170.1770.6010) for FY 2024-2025.
DISCUSSION: The Public Works Department is responsible for the oversight and maintenance of the City’s infrastructure, including city roadways, public buildings and landscaped areas. In order to continue to maintain and care for the City’s infrastructure, as well as, providing essential services to the community, the Department needs a
reliable fleet of vehicles. The proposed three (3) new vehicles will replace three (3) aging vehicles.
Due to inflation and supply chain issues expected from the recent global tariffs, staff is recommending the purchase of the new 2025 Ford F-150 Vehicles be made this fiscal year rather than next fiscal year to save cost. The amount will come from General Fund Public Works Department Vehicle Maintenance Division – Vehicle Expenditures (Account No. 01.0170.1770.6010) for FY 2024-2025, as the General Fund will still be balanced for the current year. Staff obtained three (3) bids to comply with the City’s purchasing policy and municipal code. Quotes were obtained from Ken Grody Ford (Buena Park), Villa Ford (Tustin) and Ford of Montebello (Montebello) (see attached Vendor Quotes). Staff recommends Ken Grody Ford as the best qualified vendor pursuant to the City’s purchasing policy.
The Resolution authorizes the City Manager to negotiate and execute the agreement with Ken Grody Ford for the purchase of three (3) 2025 Ford F-150 Vehicles in the amount of $134,683.00.
ATTACHMENT(S):
A. Resolution No. 25-043
B. F-150 Procurement
ATTACHMENT A
RESOLUTION NO. 25-043
A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL
AUTHORIZING THE PURCHASE OF THREE (3) PUBLIC
WORKS VEHICLES FROM KEN GRODY FORD, BUENA
PARK, CALIFORNIA
WHEREAS, the City of South El Monte (“City”), Public Works Department, operates and maintains a fleet of work vehicles for the purpose of inspecting, maintaining, and operating City facilities, utilities and related infrastructure; and
WHEREAS, among the City’s fleet of work vehicles, there are three vehicles that are aging and need to be replaced to ensure that City staff may continue to efficiently, timely and safely maintain public services; and
WHEREAS, Chapter 3.16 of the South El Monte Municipal Code and Purchase Manual govern the purchase of supplies, equipment, and services; and WHEREAS, pursuant to the City’s Purchasing Manual, City Staff may secure three (3) written quotes from vendors for the purchase of supplies, equipment, and services; and WHEREAS, City staff secured quotes from Ken Grody Ford, Villa Ford, and Ford of Montebello for three (3) public works vehicles; and
WHEREAS, City staff determined Ken Grody Ford was the best qualified vendor with the lowest purchase price pursuant to the City’s Purchasing Policy; and WHEREAS, City staff now requests approval of the purchase of three (3) F-150 Pick-up Trucks in the amount of $134,683.00
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH EL MONTE HEREBY RESOLVES:
SECTION 1. The above recitals are true and correct.
SECTION 2. The City Council hereby approves the purchase of the three (3) F-150 Pickup Trucks in the amount of $134,683.00f rom Ken Grody Ford.
SECTION 3. The City Council authorizes the City Manager to negotiate and execute the agreement with Ken Grody Ford for the purchase of the three (3) 2025 Ford F-150 Vehicles in the amount of $134,683.00.
SECTION 4. The City Council hereby approves the use of the General Fund for the purchase of the three (3) 2025 Ford F-150 Vehicles in the amount of $134,683.00.
PASSED, APPROVED AND ADOPTED this 6th day of May 2025.
_____________________________
Gloria Olmos, Mayor
ATTEST:
_____________________________
Adrian Garcia, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF SOUTH EL MONTE )
I, Adrian Garcia, MMC, City Clerk of the City of South El Monte, hereby certifies that the foregoing Resolution, being Resolution No. 25-043, was adopted by the City Council of the City of South El Monte at a regular meeting of said Council held on the 6th day of May 2025, and that said Resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Adrian Garcia, MMC, City Clerk
ATTACHMENT B
City Council Agenda Report
Agenda Item No. 7.f.
DATE: May 6, 2025
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Adrian Garcia, MMC, City Clerk, Susie Altamirano, Interim City Attorney
SUBJECT: CONSIDERATION AND ADOPTION OF SECOND READING
OF ORDINANCE NO. 1281, ESTABLISHING A CITY
HOMELESS COMMISSION.
SUMMARY: Staff is seeking City Council to adopt second reading of Ordinance No. 1281, Establishing a City Homeless Commission.
RECOMMENDED ACTION: Staff recommends City Council waive second reading and adopt Ordinance No. 1281, Establishing a City Homeless Commission FISCAL/FINANCIAL IMPACT: Staff estimates a total of $500 fiscal impact in this Fiscal Year. Staff will budget $6,000 in FY 2025-2026.
DISCUSSION: At its Regular City Council Meeting of March 18, 2025, the City Council provided staff direction to bring back an Ordinance establishing a City Homeless Commission with five (5) members and shall hold meetings monthly. The item was introduced for first reading at its April 15, 2025 City Council Meeting.
ATTACHMENT(S):
A. Ordinance No. 1281
ORDINANCE NO. 1281
AN ORDINANCE OF THE CITY OF SOUTH EL
MONTE ESTABLISHING A CITY HOMELESS
COMMISSION
THE CITY COUNCIL OF THE CITY OF SOUTH EL MONTE DOES HEREBY ORDAIN AS FOLLOWS:
Section 1 : Chapter 2.52 (Homeless Commission) is hereby added to Title 2 (ADMINSTRATION AND PERSONNEL) of the South El Monte Municipal Code to read as follows:
Chapter 2.52
HOMELESS COMMISSION
2.52.010 Commission created.
The City of South El Monte hereby creates a homeless commission to act in an advisory capacity to the City Council.
2.52. 020 Membership.
The homeless commission shall consist of five (5) city residents appointed by a majority of the city council. No city employee is eligible to serve as a member of the commission. No person shall remain a member if that person ceases being a resident of the city. The term of office for members shall be one (1) year. Notwithstanding the foregoing, a member shall continue to serve until a qualified successor assumes that member's seat. If a vacancy occurs during the term, the council shall appoint a qualified successor to serve the remainder of the term. A majority of the council may remove a member at any council meeting.
2.52.030 Compensation of members.
Each member of the homeless commission shall be compensated at such rate as the city council may from time to time fix by resolution.
2.52.040 Absence from meetings.
If, without cause, a member of the homeless commission is absent from three (3) successive meetings of the commission, other than by permission of the commission expressed in its official minutes, the office of such a member shall be deemed to be vacant and the term of such member terminated. The homeless commission shall immediately inform the city council of such termination.
2.52.050 Absence for cause.
An absence due to illness or an unavoidable absence from the city shall be deemed absence for cause if written notice thereof is sent to the homeless commission on or before the day of any regular meeting of the commission.
2.52.060 Regular meeting.
A regular meeting as provided by law or by rule of the homeless commission shall be deemed a regular meeting for the purpose of this chapter.
2.52.070 Organization.
The homeless commission shall elect its chairperson from among its appointed members for a term of one year, and subject to other provisions of law, may create and fill such other offices as it may determine. The homeless commission shall adopt rules for transaction of business and shall keep a record of the resolutions, transactions, findings and determinations, which record shall be a public record.
2.52.080 Purpose.
A. The homeless commission shall act in an advisory capacity to the city council in all matters and efforts to address, assist and alleviate the growing population of unhoused individuals, or those on the verge of becoming unhoused, residing in the City.
B. To accomplish its purpose, the homeless commission may:
1. Identify short-term and long-term strategies to decrease the homelessness and provide guidance and direction to the city council regarding the adoption and/or implementation of policies respective to those issues;
2. Confer with local, state and federal organizations and programs in response to homelessness and disseminate information regarding relevant policies, organizations or events to help strengthen the city’s own policies and strategies; and
3. Provide a platform for the city to directly engage and foster cooperation with the homeless population in the community.
2.52.090 Amendment by Ordinance.
This chapter may be amended by Ordinance of the City Council Section 2: The City Clerk shall certify to the adoption of this ordinance.
PASSED, APPROVED AND ADOPTED this 6th day of May 2025.
____________________________
Gloria Olmos, Mayor
ATTEST:
____________________________
Adrian Garcia, MMC, City Clerk
APPROVED AS TO FORM:
________________________________
Susie A. Altamirano, Interim City Attorney
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, do hereby certify that the foregoing Ordinance No. 1281, was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 15th day of April 2025 and that thereafter, said Ordinance was duly passed and adopted by the City Council of the City of South El Monte at a regular meeting of said Council held on the 6th day of May 2025, by the following vote:
AYES: Councilmember(s):
NOES: Councilmember(s):
ABSENT: Councilmember(s):
Adrian Garcia, MMC, City Clerk
City Council Agenda Report
Agenda Item No. 7.g.
DATE: May 6, 2025
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Masami Higa, Director of Finance
SUBJECT: CONSIDERATION AND ADOPTION OF SECOND READING
OF ORDINANCE NO. 1282, AMENDING CHAPTER 3.16 OF
TITLE 3 OF THE SOUTH EL MONTE MUNICIPAL CODE
REGARDING THE PURCHASE OF SUPPLIES, EQUIPMENT,
AND SERVICES
SUMMARY: Purchasing Ordinance Amendment
RECOMMENDED ACTION: Staff recommends City Council waive second reading and adopt Ordinance No. 1282, amending Chapter 3.16 of Title 3 of the South El Monte Municipal Code regarding the purchase of supplies, equipment, and services.
FISCAL/FINANCIAL IMPACT: No fiscal impact.
DISCUSSION: On December 8, 2015, the City adopted Ordinance No. 1199, amending Chapter 3.16 of Title 3 of the South El Monte Municipal Code regarding purchase of supplies, equipment, and services. Section 3.16.025 currently states (italicized below):
3.16.025 – Currently adjusted maximum.
The “currently adjusted maximum” is the maximum unit price of an individual item that the city manager may purchase without submitting to formal competitive bidding procedures as defined in this chapter. The currently adjusted maximum shall have an initial limitation of $25,000. Annually, commencing July 1, 2016 and each July 1 thereafter, the currently adjusted maximum shall be adjusted based upon the increase or decrease in the cost of living as determined by the April report of the Consumer Price Index For Urban Consumers (CPI-U) for the Los Angeles-Riverside-Orange County CMSA as issued by the Bureau of Labor Statistics, rounded to the nearest 100 dollars. On or before June 15 of each year, the finance director shall calculate the increase or decrease in the Consumer Price Index, and shall send a memorandum to the city council, with copies to the city clerk and city attorney, notifying them of the currently adjusted maximum to take effect on July 1 of that year.
Unfortunately, the consumer price index referenced in Section 3.16.025 has not been in
publication since 2017, so in practice, the City has been using the CPI-U for Los AngelesLong Beach-Anaheim instead to estimate the “currently adjusted maximum” without officially adopting a new one each fiscal year. However, this moving target creates a problem as the City cannot know for sure what the “currently adjusted maximum” is. Using the February 2025 CPI-U for Los Angeles-Long Beach-Anaheim, the “currently adjusted maximum” would be $34,484.24, while inflation is expected to rise in the future should the U.S. tariffs go into effect.
Also, there are a few other sentences in Chapter 3.16 of which the City no longer follows. For example, Section 3.16.080 regarding purchase orders states, “All purchases of materials, supplies and services shall be by serially numbered purchase orders authorized by the signature of the ordering department head and the city manager or his or her designee,” with few exceptions. However, in practice, the City solicits quotes and bids from vendors, and accepts those quotes and bids, sometimes without a purchase order. The City issues a purchase order when its facilities have already received a quote. Also, under contract law, a purchase order is considered an “offer” without the other components of a legally enforceable, binding contract, such as acceptance, consideration, delivery, and title transfer.
In order to streamline the purchasing practice of the City by reducing confusion, redundancy, and having a clear threshold for all users to know and follow, staff is recommending the City Council consider and approve amending Chapter 3.16 of the South El Monte Municipal Code redlined as Attachment A.
On April 15, 2025, the City Council waived the first reading and approved the adoption of Ordinance No. 1282, amending Chapter 3.16 of Title 3 of the South El Monte Municipal Code regarding the purchase of supplies, equipment, and services.
ATTACHMENT(S):
A. Ordinance No. 1282 Purchasing Supplies, Equipment, Services_04032025
ORDINANCE NO. 1282
AN ORDINANCE OF THE CITY OF SOUTH EL MONTE
AMENDING CHAPTER 3.16 OF THE SOUTH EL MONTE MUNICIPAL
CODE REGARDING THE PURCHASE OF SUPPLIES, EQUIPMENT, AND
SERVICES
THE CITY COUNCIL OF THE CITY OF SOUTH EL MONTE DOES ORDAIN AS FOLLOWS:
Section 1. Chapter 3.16 (“Purchase of Supplies and Equipment”) of Title 3 (“Revenue and Finance”) of the South El Monte Municipal Code is hereby amended to read as follows:
“Chapter 3.16 – PURCHASE OF SUPPLIES, EQUIPMENT, AND SERVICES Sections:
3.16.010 Policy.
3.16.015 Applicability.
3.16.020 Authority and responsibility.
3.16.025 Currently adjustment maximumCity manager approval threshold.
3.16.030 Written contract requirements for services.
3.16.040 Formal contract procedure.
3.16.050 Open market procedure.
3.16.060 Use of vendors selected by another agency.
3.16.070 Professional Services.
3.16.080 Purchase ordersForm contracts.
3.16.090 Confirming purchase ordersEmergency purchases.
3.16.100 Payment of invoices.
3.16.110 Sale of obsolete personal property.
3.16.120 Exceptions.
3.16.130 Inspection and testing.
3.16.140 Preference to local businesses.
3.16.010 – Policy.
It shall be the policy of the city to secure services, supplies and equipment at the lowest possible cost commensurate with quality needed, to exercise positive financial control over purchases and to assure the quality of purchases.
3.16.015 – Applicability.
The procedures set forth in this chapter shall not apply to contracts for “public projects” or “maintenance work” as defined in California Public Contract Code Section 22002 or any successor statute, which are governed by the procedures set forth in Chapter 3.18 (Public Projects) of this title.
2 3.16.020 – Authority and responsibility.
The authority and responsibility for the purchase of services, supplies, and equipment for the city shall be vested in the city manager or his or her designee. The city manager or his or her designee shall purchase services, supplies and equipment in accordance with the procedures prescribed in this chapter.
3.16.025 – Currently adjusted maximumCity manager approval threshold.
The “currently adjusted maximumCity manager approval threshold” is the maximum unit price of an individual item that the city manager may purchase without submitting to formal competitive bidding procedures as defined in this chapter. The currently adjusted maximum shall have an initial limitation of $25,000. Annually, commencing July 1, 2016 and each July 1 thereafter, the currently adjusted maximum shall be adjusted based upon the increase or decrease in the cost of living as determined by the April report of the Consumer Price Index For Urban Consumers (CPI-U) for the Los Angeles-Riverside-Orange County CMSA as issued by the Bureau of Labor Statistics, rounded to the nearest 100 dollars. On or before June 15 of each year, the finance director shall calculate the increase or decrease in the Consumer Price Index, and shall send a memorandum to the city council, with copies to the city clerk and city attorney, notifying them of the currently adjusted maximum to take effect on July 1 of that year.The city manager approval threshold shall be $50,000.
3.16.030 – Written contract requirements for services.
A. Written Contract Required. The provision of services of an estimated value greater than the currently adjusted maximum$50,000 shall be by written contract awarded in accordance with the procedures set forth in this chapter.
B. Special Procedures. The following special procedures shall apply to the provision of services:
1. Performance of Services on Private Property. Notwithstanding the provisions of subsection A of this section, where the provision of services requires the service provider to perform work on private property, regardless of the dollar amount of the proposed work, such services shall be by written contract, which shall include, but not be limited to, insurance and indemnity requirements satisfactory to the city attorney, awarded in accordance with the procedures set forth in this chapter.
2. Protection of City. Notwithstanding the provisions of subsection A of this section, a written contract shall be required for the provision of services, regardless of the dollar amount of the proposed services, if, in the opinion of the city manager or department director, a written contract is necessary to protect the city from increased liability that could arise from the performance of those services. Any written contract required pursuant to this subsection shall include, but not be limited to, insurance and indemnity requirements satisfactory to the city attorney.
3 3.16.040 – Formal contract procedure.
A. Purchases of supplies and equipment and provision of services of an estimated value greater than the currently adjusted maximum$50,000 shall be by written contract with the bidder who, after notice, offers the city, as determined by the city council in its sole discretion, the best combination of price and quality. For the purposes of this chapter, “notice” shall mean a notice inviting formal written competitive bids in accordance with the provisions of this section.
B. Any notice required by this section shall be published in a newspaper of general circulation printed and published in the city, or if there is none then in a newspaper serving the area. The city manager shall also mail a copy of such notice to anyone who has requested to be so notified.
C. All notices required by this section shall be published not less than ten days prior to the date specified for the opening of the bids.
D. When deemed necessary by the city manager, bidder’s security may be prescribed in the public notices inviting bids. Bidders shall be entitled to the return of bid security, provided that a successful bidder shall forfeit its bid security upon refusal or failure to execute the contract within ten days after the notice of award of contract has been mailed. The time to sign the agreement before forfeiting the bidder’s security shall be extended for delay caused by the city.
E. The city council shall award all bids under this section. On refusal or failure of the successful bidder to execute the contract, the council may award the bid to another bidder based upon the appropriate criteria provided in subsection A of this section. If for that reason the council awards the contract to another bidder, the amount of the first awardee’s security shall be applied by the city to the difference in the amount of the bid between the first awardee and the second awardee, and the surplus, if any, shall be returned to the first awardee.
F. Bids shall be submitted to the city clerk and shall be so identified on the envelope.
Bids shall be submitted in writing and must be received prior to the bid closing date to be considered. Bids shall be opened at the time and place specified in the notice inviting sealed bids. The city clerk shall retain copies of all bids received by the city manager and shall make the bids available for public inspection during regular business hours for not less than two years following the bid opening. Notwithstanding the foregoing, bidder proprietary information shall not be available for public inspection.
G. The council may reject any and all bids, waive any irregularity in any bid, or re-advertise for bids.
H. If two or more bids received for supplies and equipment are for the same total amount or unit price, the council may accept the bid it considers best meets the needs of the city.
3.16.050 – Open market procedure.
Provision of services or purchase of supplies and equipment of an estimated value of the currently adjusted maximum$50,000 or less may be made by the city manager in the open
4 market without observing the formal bid procedure prescribed by Section 3.16.040 of this chapter, in accordance with the following procedures:
A. The city manager may purchase services, supplies, and equipment of an estimated value of the currently adjusted maximum$50,000 or less in the open market. Purchases in excess of five thousand dollars but less than or equal to the currently adjusted maximum$50,000 shall be based on at least three informal bids solicited annually and shall be awarded as follows:
1. Bids for the purchase of supplies and equipment shall be awarded to the lowest responsible and responsive bidder as reflected in the informal bids. The city manager may reject any and all bids, waive any irregularity in any bid, or re-solicit bids.
2. Bids for services shall be awarded to the bidder who, after the informal bid process, offers the city, as determined by the city manager in his or her sole discretion, the best combination of price and quality.
B. Informal Bid Defined. For the purposes of this chapter, “informal bid” means bids solicited by the city manager or his or her designee either by direct mail request or orally by telephone. If a bidder provides a bid orally, the city manager or his or her designee shall maintain written notes or documentation confirming the receipt and content of such oral bids and shall require the bidder to provide a facsimile transmission or other written documentation confirming the substance of the oral bid. Copies of all written proposals received and the city manager’s or his or her designee’s written documentation or notes confirming oral bids and the confirming documentation provided by the bidder(s) shall be retained for public inspection during regular business hours for not less than two years after receipt. Notwithstanding the foregoing, vendor proprietary data shall not be open for public inspection.
3.16.060 – Use of vendors selected by another agency.
The city manager may purchase services, supplies and equipment for which the city would normally follow its own bid procedures from a vendor awarded a bid by another public agency if the agency utilized procedures substantially the same as those normally utilized by the city. The amount of the purchase shall be based on the price bid in the other jurisdiction.
3.16.070 – Professional Services.
The services of attorneys, physicians, architects, engineers, consultants, auditors, or other individuals or organizations possessing a high degree of professional, specialized technical skill or expertise, may be made without following bid procedures.
3.16.080 – Purchase ordersForm contracts.
A. The city attorney shall approve as to form, the general forms of contracts, notice inviting bids, general provisions of bid specifications, request for proposals, and other purchasing forms, as needed, to be used by the cityAll purchases of materials, supplies and services shall be by serially numbered purchase orders authorized by the signature of the ordering department head and the city manager or his or her designee. Except in cases of emergency, the city manager shall not issue any purchase order unless there exists an
5 unencumbered appropriation in the fund account against which the purchase is to be charged.
Use of a purchase order to streamline the ordering process is encouraged but not required. The following exceptions are allowed:
1. All pPurchases of less than twenty-five hundred dollars that are processed by the presentation of an invoice acceptable to and approved by the finance department;
2. Utility bills, rents and lease purchasespayments;
3. Purchases made by credit cards authorized by the city council and issued to those employees approved by the city manager, provided such purchases conform to the written policy established by the city manager or his or her designee. The customer’s copy of the invoice shall be delivered to the finance director for approval for payment;
4. Purchases of supplies and equipment over the currently adjusted maximum$50,000 shall be by written contract;
5. Purchases of services shall conform to the applicable procedures set forth in Section 3.16.030 of this chapter.
B. Multiple individual purchases not to exceed three thousand dollars each may be on a single open purchase order. The city manager may authorize open purchase orders for those vendors who are a convenient source of supply by reason of economy, proximity, delivery, or quality of services. Multiple purchases may be made by requisition on these purchase orders by any city department subject to the dollar restriction placed on single purchases and the maximum multiple limitation of $15,000 per city fiscal year. Notwithstanding the foregoing, the city council may authorize purchase orders with a maximum multiple limitation in excess of $15,000.
Purchases on an open monthly purchase order, or from central stores when and if established by the city, shall be made by the individual authorized to make such purchases utilizing a requisition form prescribed by the finance director. The requisition form shall be dated and signed or electronically approved through the city’s electronic purchasing software by the department head or an authorized representative. The single purchase limitations set forth in this subsection shall not apply to purchase orders issued for ongoing services where the city manager or the city council, as specified herein, have found that the use of a particular vendor to perform such services is in the best interests of the city as provided in Section 3.16.130(D) of this chapter.
3.16.090 – Confirming purchase ordersEmergency purchases.
Emergency purchases required due to natural disasters or other unforeseen circumstances may be made by a confirming purchase order if so noted on the purchase order formaccording to the city’s emergency operations plan. Prior approval must be given by the city manager, if available, or by the assistant city manager if the city manager is absent.
3.16.100 – Payment of invoices.
A. All invoices requiring a purchase order shall be submitted directly to the department head by the supplier of the equipment, supplies or services. Each invoice shall be
6 dated and signed by the department head or his or her designee and submitted to the finance director for payment.
B. Payment disputes will be resolved by the finance director.
3.16.110 – Sale of obsolete personal property.
The city manager shall sell worn-out, scrap, or obsolete personal property, or exchange the same for, or trade in the same on new supplies and equipment, including property of all departments, by soliciting bids. No bids will be accepted from city employees or contractors. If the value of the property to be sold is of a value of $2,000 or less, the sale shall be approved by the city manager. In the event the value of the property to be sold is more than $2,000, the sale shall be subject to the approval of the city council.
3.16.120 – Exceptions.
Sections 3.16.040 and 3.16.050 of this chapter shall not apply to the purchase of services, supplies and equipment under any of the following circumstances:
A. The city manager finds that such services, supplies or equipment are unique because of the quality, durability, availability, or fitness for a particular use and are available from only one source; or
B. The city manager finds that exigent circumstances require the immediate purchase of such services, supplies or equipment;
C. The city council finds that due to the nature of the services, supplies or equipment, bidding is not likely to result in the lowest price; or D. The city manager or the city council, as specified herein, determines that, due to unique circumstances or unusual factors, the award for the purchase of services, supplies or equipment from a source other than the lowest responsible bidder is in the best interest of the city.
3.16.130 – Inspection and testing.
The city manager shall require that all services, supplies and equipment are inspected and in conformity with the specifications set forth in the order or contract. The city manager shall have authority to require chemical and physical tests of samples submitted with the bids and samples of deliveries which are necessary to determine their quality and conformance with specifications.
3.16.140 – Preference to local businesses.
A. Notwithstanding Sections 3.16.040 and 3.16.050, in the evaluation of all bids and/or costs estimates for city purchase contracts for materials, supplies, equipment or services pursuant to this chapter, or in selecting a contractor for a city contract in which the city selects a business for the contract on the basis of comparison of the price of bids or estimates, the city
7 shall provide local businesses with a preference as shall be determined by resolution of the city council.
B. For purposes of this section, “local business” shall mean any business which has or maintains a fixed office, distribution point, or place of business within the city and whose business address is not a post office box, and which is shown by records maintained by the city’s finance department as having secured and paid all necessary business licenses and applicable fees and taxes imposed by the city.
C. This section shall not be applicable in the following circumstances:
1. Where application of this chapter would violate or be prohibited by any applicable state or federal law;
2. Where the awarding authority finds the preference to be an unacceptable loss of government revenue or funding;
3. Where payment is made in whole or in part from sources other than city funds.
D. No person shall make any intentional misstatement or misrepresentation in order to obtain a preference under this section.”
Section 2. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
Section 3. The City Clerk is directed to certify to the passage and adoption of this ordinance and to cause this ordinance to be posted or published as required by law.
PASSED, APPROVED AND ADOPTED this 15th day of April, 2025. ________________________________
Gloria Olmos, Mayor
ATTEST:
____________________________
Adrian Garcia, City Clerk
8 APPROVED AS TO FORM:
_____________________________
Susie Altamirano, Interim City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF SOUTH EL MONTE )
I, Rose Juarez, City Clerk of the City of South El Monte, do hereby certify that the foregoing Ordinance being Ordinance No. 1199, was duly passed and approved by the City Council of South El Monte, at a regular meeting of said Council held the 15th day of April, 2025 and that said Ordinance was passed by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Adrian Garcia, City Clerk
City Council Agenda Report
Agenda Item No. 7.h.
DATE: May 6, 2025
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Adrian Garcia, MMC, City Clerk
SUBJECT: CONSIDERATION AND APPROVAL OF CANCELLATION OF
THE REGULAR CITY COUNCIL MEETING OF MAY 20, 2025
SUMMARY: Staff is requesting the City Council cancel the City Council Meeting of Tuesday, May 20, 2025, as the City Council will be attending a business conference.
RECOMMENDED ACTION: Staff recommends the City Council cancel the City Council Meeting of Tuesday, May 20, 2025.
FISCAL/FINANCIAL IMPACT: None.
DISCUSSION: City Council will be attending a business conference.
ATTACHMENT(S):
None
City Council Agenda Report
Agenda Item No. 7.i.
DATE: May 6, 2025
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Danilo Batson, Interim Director of Public Works SUBJECT: DESIGNATION OF APPLICANT’S AGENT RESOLUTION FOR
THE AUTHORIZATION TO THE STATE OF CALIFORNIA
OFFICE OF EMERGENCY SERVICES
SUMMARY: Per the Office of the California Governor’s Office of Emergency Services (Cal OES) grant funding authorities, a Designation of Applicant’s Agent Resolution must be approved by the governing body in order to apply for federal and state funding. This includes approving authorized representatives to engage with Federal Emergency Management Agency (FEMA) and the Cal OES.
RECOMMENDED ACTION: Staff recommends City Council adopt the Designation of Applicant’s Agent Resolution for Non-State Agencies and designate as the Governing Board Representatives: City Manager Rene Salas, Senior Executive Assistant to City Council/Community Liaison Dianna Gomez and Administrative Coordinator Eric Diaz.
FISCAL/FINANCIAL IMPACT: There is no fiscal impact.
DISCUSSION: Approval of the Designation of Applicant’s Agent Resolution for Non-State Agencies will help secure available funding and grant opportunities for city disasters in the City of South El Monte.
The Resolution authorizes the City of South El Monte to designate authorized agents and execute under the laws of the State of California, with the California Governor’s Office of Emergency Services, for the purpose of obtaining federal financial assistance for any existing or future grant program.
ATTACHMENT(S):
A. SEM Ca-OES Designation of Applicant
CITY OF SOUTH EL MONTE
1415 SANTA ANITA AVENUE
SOUTH EL MONTE, CALIFORNIA 91733
(626) 579-6540
May 6, 2025
Governor’s Office of Emergency Services
Grants Management
3650 Schriever Avenue
Mather, CA 95655
SUBJECT: City of South El Monte Designation of Applicant Resolution Dear CA OES Grants Management Division,
On May 6, 2025, the City Council of the City of South El Monte designated the following individuals to the “Universal” Designation Applicant’s Agent Resolution (OES Form 130) due to personnel changes in the organization. The purpose of this letter is to update and inform you of the changes to the organization and properly submit the City’s OES Form 130.
• City Manager: Rene Salas
• Sr. Executive Assistant to City Council/Community Liaison: Dianna Gomez • Administrative Coordinator: Eric Diaz
Please make note of the personnel designation above in correspondence to the City of South El Monte CAL OES 130 Designation of Applicant’s Agent Form. Please get in touch with our office if you required further information.
Sincerely,
Adrian Garcia
City Clerk
City of South El Monte
[email protected]
Enclosure
DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR NON-STATE AGENCIES
BE IT RESOLVED BY THE OF THE
(Governing Body) (Name of Applicant)
THAT , OR
(Title of Authorized Agent)
, OR
(Title of Authorized Agent)
(Title of Authorized Agent)
is hereby authorized to execute for and on behalf of the , (Name of Applicant)
a public entity established under the laws of the State of California, this application and to file it with the California Governor’s Office of Emergency Services for the purpose of obtaining federal financial assistance for any existing or future grant program, including, but not limited to any of the following:
- Federally declared Disaster (DR), Fire Mitigation Assistance Grant (FMAG), California State Only Disaster (CDAA), Immediate Services Program (ISP), Hazard Mitigation Grant Program (HMGP), Building Resilient Infrastructure and Communities (BRIC), Legislative Pre-Disaster Mitigation Program (LPDM), under - Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act.
- Flood Mitigation Assistance Program (FMA), under Section 1366 of the National Flood Insurance Act of 1968.
- National Earthquake Hazards Reduction Program (NEHRP) 42 U.S. Code 7704 (b) ((2) (A) (ix) and 42 U.S. Code 7704 (b) (2) (B) National Earthquake Hazards Reduction Program, and also The Consolidated Appropriations Act, 2018, Div. F, Department of Homeland Security Appropriations Act, 2018, Pub. L. No. 115-141 - California Early Earthquake Warning (CEEW) under CA Gov Code – Gov, Title 2, Div. 1, Chapter 7, Article 5, Sections 8587.8, 8587.11, 8587.12 That the , a public entity established under the
(Name of Applicant)
laws of the State of California, hereby authorizes its agent(s) to provide to the Governor’s Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required.
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
Cal OES ID No: _____________
Rev. 10-2022 Page 1 of 4 OES-FPD-130
Please check the appropriate box below
This is a universal resolution and is effective for all open and future disasters/grants declared up to three (3) years following the date of approval.
This is a disaster/grant specific resolution and is effective for only disaster/grant number(s):
Passed and approved this __day of , 20
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
CERTIFICATION
I, , duly appointed and of
(Name) (Title)
, do hereby certify that the above is a true and
(Name of Applicant)
correct copy of a resolution passed and approved by the (Governing Body)
of the on the day of , 20 .
(Name of Applicant)
(Signature) (Title)
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
Rev. 10-2022 Page 2 of 4 OES-FPD-130
Cal OES Form 130 Instructions
A Designation of Applicant’s Agent Resolution for Non-State Agencies is required of all Applicants to be eligible to receive funding. A new resolution must be submitted if a previously submitted resolution is older than three (3) years from the last date of approval, is invalid, or has not been submitted.
When completing the Cal OES Form 130, Applicants should fill in the blanks on pages 1 and 2. The blanks are to be filled in as follows:
Resolution Section:
Governing Body: This is the group responsible for appointing and approving the Authorized Agents.
Examples include: Board of Directors, City Council, Board of Supervisors, Board of Education, etc.
Name of Applicant: The public entity established under the laws of the State of California.
Examples include: School District, Office of Education, City, County or Non-profit agency that has applied for the grant, such as: City of San Diego, Sacramento County, Burbank Unified School District, Napa County Office of Education, University Southern California.
Authorized Agent: These are the individuals that are authorized by the Governing Body to engage with the Federal Emergency Management Agency and the California Governor’s Office of Emergency Services regarding grants for which they have applied.
There are two ways of completing this section:
1. Titles Only: The titles of the Authorized Agents should be entered here, not their names. This allows the document to remain valid if an Authorized Agent leaves the position and is replaced by another individual. If “Titles Only” is the chosen method, this document must be accompanied by either a cover letter naming the Authorized Agents by name and title, or the Cal OES AA Names document. The supporting document can be completed by any authorized person within the Agency (e.g., administrative assistant, the Authorized Agent, secretary to the Director). It does not require the Governing Body’s signature.
2. Names and Titles: If the Governing Body so chooses, the names and titles of the Authorized Agents would be listed. A new Cal OES Form 130 will be required if any of the Authorized Agents are replaced, leave the position listed on the document, or their title changes.
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
Rev. 10-2022 OES-FPD-130 Page 3 of 4
Checking Universal or Disaster-Specific Box: A Universal resolution is effective for all past disasters and for those declared up to three (3) years following the date of approval. Upon expiration it is no longer effective for new disasters, but it remains in effect for disasters declared prior to expiration. It remains effective until the disaster goes through closeout unless it is superseded by a newer resolution.
Governing Body Representative: These are the names and titles of the approving Board Members.
Examples include: Chairman of the Board, Director, Superintendent, etc. The names and titles cannot be one of the designated Authorized Agents. A minimum of three (3) approving board members must be listed. If less than three are present, meeting minutes must be attached in order to verify a quorum was met.
Certification Section:
Name and Title: This is the individual in attendance who recorded the creation and approval of this resolution.
Examples include: City Clerk, Secretary to the Board of Directors, County Clerk, etc. This person cannot be one of the designated Authorized Agents or Approving Board Member. If a person holds two positions (such as City Manager and Secretary to the Board) and the City Manager is to be listed as an Authorized Agent, then that person could sign the document as Secretary to the Board (not City Manager) to eliminate “Self-Certification.”
STATE OF CALIFORNIA
CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)
RECOVERY DIRECTORATE
FINANCIAL PROCESSING DIVISION
Rev. 10-2022 Page 4 of 4 OES-FPD-130
City Council Agenda Report
Agenda Item No. 8.a.
DATE: May 6, 2025
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Gerardo Marquez, Interim Director of Community Development SUBJECT: APPEAL OF PLANNING COMMISSION REVOCATION OF
CONDITIONAL USE PERMIT (CUP 23-03)
SUMMARY: Appeal of Planning Commission Resolution No. 24-12.
RECOMMENDED ACTION:
Staff recommends City Council uphold the Planning Commission decision approving Resolution No. 25-044, Planning Commission Resolution 24-12 revoking Conditional Use Permit No. 23-03, which allows the operation of a special event facility (banquet facility) located at 1703 Floradale Avenue.
FISCAL/FINANCIAL IMPACT: No Fiscal Impact Anticipated
DISCUSSION:
At its October 17, 2023 meeting, the Planning Commission adopted Resolution No. 23- 04 that allowed for establishment of a special event facility in conjunction with a Party Rental business (“Project”). Conditional Use Permit (“CUP”) No. 23-03 detailed all conditions applicable to the business, Rustic & Chic, located at 1703 Floradale Avenue (“Property”). The requirement for a three-month review was established to allow for the Planning Commission to review how the business has operated after the establishment of a use and to evaluate whether the use negatively impacts surrounding uses.
On November 14, 2023, based upon an appeal brought by some members of the City Council, the City Council reviewed the CUP and voted to uphold the Planning Commission’s decision approving the CUP.
On March 19, 2024, staff provided an update on the progress of the Project and found that the applicant had fulfilled the following:
• Parking agreement with the school district
• Established payment plan to pay-off fines
• Submit plans to finalize proposed improvements to the facility • Removed parking lot equipment.
On October 15, 2024, staff provided an update on the progress of the Project and presented tasks that the applicant has not completed and not in compliance with the established conditions of approval:
• Building permits have not been issued for the tenant improvements. The applicant has received approval for improvements but has yet to pull permits to commence work. At the Planning Commission meeting the applicant stated that they are working with the landlord to secure a long-term lease before they invest the money in making the improvements.
• Business license – The banquet facility lacks a City business license. The L.A.
County Fire Department will not sign off on the business license application until all the required improvements have been made.
• Condition of Approval #29: There is a balance of $3,000 remaining on the citations they have been issued. The original amount was approximately $16,500. They indicated that they would be paying $1,000 a month, with final payment in December. According to the business owner, prior to the approval of the CUP, they have not operated in 11 months, which is why they have not continued with paying off the remaining balance. The applicant stated that the time they were closed prior to conditional use permit approval caught up to them financially and they have not been able to recover.
• Condition of Approval #30. The business has not submitted a security plan approved by Los Angeles Sheriff’s Department (LASD). On October 29th, the applicant submitted a rough draft of a security plan, however, staff returned the plan with required revisions and comments. The plans were returned to staff and are currently being reviewed by the Los Angeles County Sheriff’s Department.
Staff was directed by the Planning Commission to provide additional information regarding the Project at the next Planning Commission meeting. The requested information included:
• Provide a timeline of plan check of the Project;
• Provide outstanding fees for plan check and citations; • Provide code enforcement route taken on daily or is enforcement route based off complaints.
On November 19, 2024, Staff provided an update on the progress of the Project and presented updates to the Planning Commission pertaining to:
• Plan Check Approvals and Fees (Plans Approved)
• Outstanding Citations (Paid)
Fees and Citations
For the building permit (tenant improvements and alterations), the total fees due are $1,787.06. A total of $794.34 are due for plumbing permit fees.
The applicant was provided a payment plan for outstanding citation fees assessed at $16,500. Fees were to be paid in full within one year of Planning Commission approval.
Staff reached out to Code Enforcement to check on the progress on the payment of the citation balance and as of November 14, 2024, there is an outstanding balance of $3,000
dollars that has yet to be paid. There were four citations issued to the applicant. Citation No. 2754 was a $3,000 citation that has been paid in full. Citation No. 2913 carries a balance of $4,500, which has yet to be paid. Citation No. 2996 carried a balance of $4,500 and has been paid in full. Finally, Citation No. 2998 carried a balance of $4,500 and has been partially paid off with a remaining balance of $1,500. The latest payment received was for the sum of $3,000, which was paid on November 13, 2024. On November 18, 2024, Code Enforcement staff indicated that the applicant had fully paid off all outstanding citations.
ANALYSIS: Staff was directed by the Planning Commission to provide a resolution revoking CUP 23-04, which is attached as Resolution No. 24-12.
After the November Planning Commission meeting, the applicant reached out to staff on December 3, 2024 requesting that the item be moved to the January meeting due to emergency circumstances.
The applicant stated that they would not be able to attend the December 17th Planning Commission meeting. The Planning Commission continued the item to the January 21, 2025 meeting, which was then continued to February 25, 2025. The Planning Commission revoked CUP No. 23-03 on February 25, 2025 via Resolution 24-12.
FINDINGS: The applicant has not been able to satisfy certain conditions of approval of the originally approved Resolution No. 23-04. These conditions include:
• Condtion 11. The applicant shall maintain all required permits and licenses in good standing.
1. The applicant has not acquired building permits to commence construction to convert the existing warehouse into a special event facility, although all plans have been approved and permits are ready to be issued. The applicant has been operating without proper building safety approvals.
Additionally, the applicant has not completed the business license process which includes receiving Los Angeles County Fire Department clearance. • CONDITION 20. The business website shall reflect the adopted conditions of approval, and shall reflect the maximum number of attendees, hours of operation, and that the business does not sell, store, or serve alcoholic beverages.
1. After reviewing the applicant’s website as of May 1, 2025, the adopted conditions of approval were not available online.
• CONDITION 30. The applicant shall be required to submit a security plan to the Sheriff’s Department for review and approval.
1. The applicant submitted a safety plan which staff forwarded over to the Los Angeles County Sheriff’s Department for review on November 14, 2024.
Comments were provided and forwarded to the applicant to address on December 16, 2024. The applicant has not resubmitted updated plans.
RECENT DEVELOPMENTS:
On March 5, 2025, the applicant filed an appeal of the Planning Commission’s decision.
On May 6, 2025, the City Council will hold a duly noticed public hearing to review and
consider all facts and evidence, both written and testimonial, pertaining to the revocation of CUP No. 23-03.
CONCLUSION: Staff recommends the City Council deny the appeal and revoke CUP No. 23-03 via Resolution No. 25-044.
ATTACHMENT(S):
A. Resolution No. 25-044
B. Conditional Use Permit Resolution No. 23-04
C. Planning Commission's CUP Revocation Resolution 24-12
ATTACHMENT A
RESOLUTION 25-044
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SOUTH EL MONTE, CALIFORNIA, DENYING AN APPEAL
OF PLANNING COMMISSION RESOLUTION NO. 24-12
REVOKING CONDITIONAL USE PERMIT NO. 23-03, TO
ALLOW FOR ESTABLISHMENT OF A SPECIAL EVENT
FACILITY IN CONJUNCTION WITH A PARTY RENTAL
BUSINESS LOCATED AT 1703 FLORADALE AVENUE
WHEREAS, Jazmin Mora (“Applicant”) filed an application for a Conditional Use Permit for a special event facility in conjunction with an existing party rental business, known as Rustic & Chic (“Project”), located at 1703 Floradale Avenue, South El Monte, CA 91733 (“Property”);
WHEREAS, Pursuant to Section 15301 (Class 1) of the California Environmental Quality Act (“CEQA”), the Project is categorically exempt from environmental review and a Notice of Exemption was prepared. The Project qualified for a Class 1 Categorical Exemption as it involves the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. The Planning Commission found that the Project was exempt from the provisions of CEQA. The documents and other material, which constitute the record on which this decision is based, are located in the Department of Community Development and are in the custody of the Director of Community Development;
WHEREAS, a public hearing was held before the Planning Commission on September 19, 2023, to consider the application. All evidence, both written and oral, presented during said public hearing was considered by the Planning Commission in making its determination. On that date, the Commission voted to continue the public hearing to the October 17, 2023 Planning Commission meeting to allow staff time to conduct additional research regarding the operation of the same business in other cities and request additional information from the Department of Alcoholic Beverage Control;
WHEREAS, the public hearing was continued to the October 17, 2023 Planning Commission meeting to consider the application and additional information provided by staff.
All evidence, both written and oral, presented during said public hearing was considered by the Planning Commission in making its determination to approve Conditional Use Permit No. 23-03 (“CUP”);
WHEREAS, on November 14, 2023, based upon an appeal brought by some members of the City Council, the City Council reviewed the CUP and voted to uphold the Planning Commission’s decision approving the CUP;
WHEREAS, on October 15, 2024, staff provided the Planning Commission with an update on the Applicant’s compliance with the conditions of approval and identified several outstanding issues, including failure to obtain building permits, the absence of a City business license, absence of conditions on website, and the lack of an approved security plan; WHEREAS, on November 19, 2024, the Planning Commission directed staff to provide
a resolution revoking the CUP after a review of progress regarding compliance with the established conditions of approval in Resolution No. 23-04; WHEREAS, a public hearing was held before the Planning Commission on December 17, 2024, to consider revoking the Project. The public hearing was opened and the item was then continued to the December 17, 2024 meeting based upon Applicant’s request since the Applicant was unable to attend the public hearing;
WHEREAS, a public hearing was held before the Planning Commission on December 17, 2024, to consider revoking the Project. The public hearing was opened and the item was then continued to the January 21, 2025 and subsequently to the February 25, 2025 Planning Commission meeting;
WHEREAS, the Planning Commission held a duly noticed public hearing on February 25, 2025, at which time all interested persons were given a full opportunity to be heard and present evidence;
WHEREAS, prior to taking action, the Planning Commission heard, was presented with, and/or reviewed all of the information and data which constitutes the administrative record for the above-mentioned approvals, including all oral and written evidence presented to the City during all Project meetings and hearings;
WHEREAS, the Planning Commission, by Resolution 24-12, revoked CUP No. 23-03 on February 25, 2025;
WHEREAS, Applicant submitted an appeal of the Planning Commission decision on March 5, 2025;
WHEREAS, on May 6, 2025, the City Council held a duly noticed public hearing, reviewed and considered all facts and evidence, both written and testimonial, pertaining to the revocation of CUP No. 23-03; and
WHEREAS, after close of such public hearing, the City Council adopted Resolution No. 25-XXX to deny Applicant’s appeal and upheld the Planning Commission’s decision to adopt Resolution 24-12 revoking CUP No. 23-03.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of South El Monte, California, resolves, finds, determines, and orders as follows:
SECTION 1: The above recitals are all true and correct and are incorporated herein by this reference.
SECTION 2: After considering all testimony, both written and oral, presented at that hearing, including the Staff Report dated May 6, 2025, which are hereby incorporated into this Resolution 25-XXX by reference, the City Council hereby denies the appeal of Resolution No. 24-12 for the revocation of Conditional Use Permit No. 23-03.
SECTION 3: Based on the findings set forth above, and all written and oral testimony presented at the public hearing on May 6, 2025, which are all incorporated herein by this reference, the City Council hereby revokes Conditional Use Permit No. 23-03.
SECTION 4: The administrative record, inclusive of the documents and records for the Project, shall be kept with the City’s Department of Community Development located at 1415 Santa Anita Avenue, South El Monte, California and kept within the custody of the Director of Community Development.
SECTION 5: If any portion of this Resolution is declared invalid, illegal or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Resolution shall continue in full force and effect.
SECTION 6: This resolution shall become effective immediately.
SECTION 7: The City Council’s decision through the adoption of this Resolution is final.
PASSED, APPROVED, AND ADOPTED this 6th day of May 2025. _______________________________________
Gloria Olmos, Mayor
ATTEST:
___________________________________
Adrian Garcia, MMC, City Clerk
APPROVED AS TO FORM:
_________________________________
Susie Altamirano, Interim City Attorney
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. 25-044, 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 6th day of May 2025, and the said Resolution was adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Adrian Garcia, MMC, City Clerk
ATTACHMENT B
ATTACHMENT C
City Council Agenda Report
Agenda Item No. 9.a.
DATE: May 6, 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: CONTINUED FROM THE APRIL 15, 2025 REGULAR CITY
COUNCIL MEETING - CONSIDERATION AND APPROVAL OF
RESOLUTIONS 25-038 AND 25-039 CREATING NEW
CLASSIFICATIONS AND UPGRADING A CERTAIN JOB
DESCRIPTION & PAY
SUMMARY: Approval of the attached resolutions would create the new classification of Director of Economic Development, and associated compensation ranges. The position of Director of Community Development would be upgraded to include Public Works and compensation increased.
RECOMMENDED ACTION: Staff recommends City Council adopt Resolutions No. 25- 038 and 25-039, creating the position of Director of Economic Development and upgrading the existing position of Director of Community Development to the Director of Community Development & Public Works with an expanded job description and adjusted compensation.
FISCAL/FINANCIAL IMPACT: Both Department Head positions are Unclassified, “AtWill, Exempt” positions governed by respective Employment Agreements (“Employment Contracts”). The Salary Ranges and position titles of the Unclassified, Exempt At-Will positions are as follows:
UNCLASSIFIED, EXEMPT, AT-WILL MONTHLY SALARY
1. Director of Economic Development $12,155 - $16,666
2. Director of Community Development &Public Works $12,155 - $16,666 Assuming the positions are filled at “Step E”, with benefits averaging 35%, the fiscal impacts are as follows:
Director of Economic Development: $16,666 x 12 = $200,000 x 1.35 = $270,000.
Director of Community Development &
Public Works: $16,666 x 12 = $200,000 x 1.35 = $270,000.
DISCUSSION: The following positions are recommended for changes:
Director of Economic Development – Create a new classification with a proposed compensation range of $12,155/month – $16,666/month. The class specification is an Executive Management position (Department Head) responsible for all Economic Development Services; such as but not limited to: Advanced planning, capital projects, land use, courting new businesses, negotiating contractual agreements with grantors, developers, and brokers. The creation of this new classification became necessary due to the overall re-structuring of City Administration to better meet the specific needs of City governance.
Director of Community Development & Public Works – The former Executive Management position of Director of Community Development (Department Head) is proposed to be upgraded and restructured to incorporate oversight of the Department of Public Works, forming a new, consolidated role: Director of Community Development & Public Works. This revised classification carries a proposed salary range of $12,155/month to $16,666/month. The updated class specification encompasses full management responsibility for functions related to both Community Development and Public Works, including but not limited to Planning, Building Safety and Construction Management, Engineering, Streets, Grant Administration, and serving as a liaison to various Commissions and Committees. This reclassification is part of a broader reorganization of City Administration aimed at more effectively meeting the operational and governance needs of the City.
ATTACHMENT(S):
A. Resolution No. 25-038, Director of Economic Development B. Exhibit A to Resolution 25-038, Director of Economic Development Class Spec C. Resolution No. 25-039, Director of Community Development & Public Works.
D. Exhibit A to Resolution No. 25-039, Director of Community Development & Public Works Class Spec
ATTACHMENT A
RESOLUTION NO. 25-038
A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL
CREATING THE POSITION OF DIRECTOR OF ECONOMIC
DEVELOPMENT & ADOPTING THE CLASS SPECIFICATION
WHEREAS, pursuant to City of South El Monte (“City”) Municipal Code section
2.64.040 the City Manager is responsible for preparation and maintenance of a classification plan consisting of job specifications for all classifications in the City’s classified service; and WHEREAS, the City Manager recommends creating the position of Director of Economic Development in an effort to restructure the organization to better meet the present and future needs of the City; and
WHEREAS, the City Manager recommends the City adopt the class specification and salary range for the position of Director of Economic Development through the budget process; and
WHEREAS, the City has or will meet and confer with any affected employee organization regarding the implementation of the class specification, salary range, and any other substantial changes.
NOW, THEREFORE, THE SOUTH EL MONTE CITY COUNCIL DOES HEREBY RESOLVES, DETERMINES AND ORDERS AS FOLLOWS:
SECTION 1. The aforementioned recitals are incorporated herein by reference as set forth in full herein.
SECTION 2. The South El Monte City Council hereby approves the creation the classification of Director of Economic Development, and adopts the job description for the position, a copy of which is attached hereto as Exhibit A.
SECTION 3. The South El Monte City Council hereby approves the compensation range of $12,155- $16,666.
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 15th day of April 2025.
________________________________
Gloria Olmos, Mayor
ATTEST:
Adrian Garcia, MMC, City Clerk
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, do hereby certify that the foregoing Resolution, being Resolution No. 25-038, was passed and approved by the City Council of the City of South El Monte, at a regular meeting of said Council held on the 15th day of April 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, City Clerk
CITY OF SOUTH EL MONTE
DIRECTOR OF ECONOMIC DEVELOPMENT
At-Will, Exempt
DEFINITION
Under direction from the City Manager, serves as a member of the City's executive management team; plans, directs, organizes, budgets, coordinates and oversees the programs, projects, activities and operations of the Economic Development Department. He/She will establish and maintain liaison to the Planning Commission, capital improvement projects, other committees as needed, and the general public. He/She assures the integrity of all Economic Development services; is well versed in the principles methods and practices of economic development that includes strong negotiating and facilitation skills; has familiarity with the fundamentals of real-estate analysis including financial and economic review processes; and oversees the administration of professional consulting services contracts. Provides leadership regarding departmental strategies, resource requirements and competing priorities to attain community needs. Performs other duties as assigned.
SUPERVISION RECEIVED AND EXERCISED
Supervision is received from the City Manager.
ESSENTIAL DUTIES
Assume full management responsibilities for Economic Development Departmental Services and Duties may include, but are not limited to, the following:
• Plans, organizes, and directs Economic Development operations including current and advanced planning, environmental planning (CEQA compliance). • Reviews major land use, businesses, construction and building projects with other Staff, Managers, Commissions, Committees, City Manager and City Council to enhance and maintain successful programs and projects to help shape the growth and development of the City.
• Facilitates private development in the City through meetings and outreach to developers, brokers, and retail tenants.
• Obtain and manage state and federal grant monies for private development and other projects.
• Understand Budgetary practices and economics in the field of economic development, direct the forecast of funds needed for staffing, equipment, materials, and supplies, monitor and approve expenditures and implement mid-year adjustments. • Represents the Economic Development Department to other line departments, elected officials, and outside agencies and organizations.
• Courts developers and businesses and negotiate contracts and agreements. • Supervise and coordinate the technical research required in the economic development review process.
• Develop and Present highly technical & analyzed information, studies and reports, as well as ordinances, resolutions, and staff report clearly and concisely to various divisions, commissions, City Council and lay groups orally and in writing.
ATTACHMENT B
Exhibit A to Resolution 25-038
• Hires, trains, motivates, evaluates, disciplines, plans and organizes workloads for assigned staff and consultants.
• Analyzes local, State and Federal legislation; advises and develops City policy in the areas economic development,
• Engages intergovernmental organizations and represents the City in Economic Development forums.
• Perform a variety of public relations and outreach work related to Economic development, redevelopment activities.
• Generates private sector investment and economic development interest in the revitalization of properties in the City by working with real estate brokers, merchant builders and private investment firms.
• Evaluates business processes and implements modernization strategies, where needed, develops and leads staff to implement short and long-range plans and projects related to economic development.
• Responds to public inquiries about economic development, regulations, and ordinances. • Perform other duties as assigned by the City Manager.
JOB REQUIREMENTS
Knowledge:
• Principles and practices of Public Administration, Organization and Management. • Principles, methods, and procedures of Economic Development. • Budget Techniques.
• City Municipal Code, General Plan, Subdivision Map Act. • State and Federal regulations and legislation.
• Principles of urban design, planning and zoning laws, land develop process. • Adept regulation research, English Language usage, writing and interpretation skills. • Marketing and Public Relations, principles and techniques. • Technology systems and relevant software applications. • Supervise, evaluate, and direct assigned staff.
• Initiate, negotiate, and/or review complex development proposals. • Adapt in a high-volume, fast-paced working atmosphere with multiple priorities. • Develop comprehensive plans to meet future City needs/services. • Deal constructively with conflict and develop effective resolutions. • Coordinates with developers and brokers effectively.
Competencies:
• Project Management – Ensures clear definition of project goal and criteria for success. • Strategic View – Focuses on the future and where current trends will lead. • Managing Change – Involves key stakeholder in planning and decision making. • Process Improvement – Controlling and Improving processes and workflow. • Organizational Design and Structure – Evaluates alternative organizational designs and selects the one best suited to meeting customer needs.
• Organizational Savvy – Understands the inner workings and interrelationships of the organization.
• Fiscal Acumen – Spends organizational funds wisely and strategically. • Managing Performance – Sets and aligns individual performance goals with the goals of the unit and the overall organization.
• Empowering Others – Allocates responsibility to others according to their abilities and opportunities for development.
• Leadership – Creates a positive work environment in which all are motivated to do their best.
• Handling Conflict – Deals with interpersonally or politically challenging situations calmly and diplomatically, diffusing tension.
• Influencing – Persuades others to consider and adopt a new position or attitude on a topic.
• Presentation Skill – Delivers clear, organized, and persuasive messages. • Innovation – Readily spots/identifies current opportunities for improvement. • Gathering and Analyzing Data – Organizes, codes, aggregates, and disaggregates data for analysis and produces data that can be trusted.
MINIMUM QUALIFICATIONS
Experience:
Five (5) years increasingly responsible experience in urban planning, Public Administration, Economics, Engineering, or closely related field. A Master’s Degree in an applicable field is highly desirable. At least three years of increasingly responsible professional experience in the public service sector, and in supervisory management capacity. Demonstrated commitment to collaboration, innovation, open and transparent communication, and fiscal management.
Management certifications from accredited universities or institutions is also a plus.
Education:
Bachelor’s degree in Urban and/or Regional planning, Geography, public administration, or a closely related field. A Master’s degree is preferred.
Licenses and Certificates
Possession of a valid Class C California State Driver's License at the time of employment and continuously throughout employment.
PHYSICAL DEMANDS AND WORKING CONDITIONS
The physical demands and working conditions described here are representative of those that must be met by an employee to successfully perform the essential functions of this job.
Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.
Physical Demands:
• Hand-eye coordination is necessary to operate computers and various pieces of office equipment.
• Frequently required to talk or hear.
• Sit; use hands to finger, handle, feel or operate objects, tools, or controls. • Reach with hands and arms.
• Occasionally required to stand or walk.
• Occasionally lift and/or move up to 25 pounds.
• Vision abilities required for close vision, distance vision, peripheral vision, depth perception, and the ability to adjust focus.
Working Conditions:
• Sedentary, office settings.
• Some outdoor work is required in the inspection of various land use developments and construction sites.
• Exposure to weather conditions including wet and/or humid conditions, or airborne particles.
• Noise level in the work environment is usually quiet in the office, and moderate in the field. • Ability to work extended hours, including evenings, weekends, and holidays in order to complete projects,
ATTACHMENT C
RESOLUTION NO. 25-039
A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL
UPGRADING THE POSITION OF DIRECTOR OF
COMMUNITY DEVELOPMENT TO BE RENAMED
DIRECTOR OF COMMUNITY DEVELOPMENT & PUBLIC
WORKS & ADOPTING THE EXPANDED CLASS
SPECIFICATION
WHEREAS, pursuant to the City of South El Monte (“City”) Municipal Code section
2.64.040 the City Manager is responsible for preparation and maintenance of a classification plan consisting of job specifications for all classifications in the City’s classified service; and WHEREAS, the City previously approved and adopted class specifications and a salary range for the position of Director of Community Development through the budget process; and WHEREAS, the City Manager recommends upgrading of the position of Director of Community Development to be renamed the Director of Community Development & Public Works, and adopt the expanded class specification and a salary range for the position of Director of Community Development & Public Works through the budget process; and WHEREAS, the City Manager recommends the upgraded position of the Director of Community Development & Public Works in an effort to restructure the organization to better meet the present and future needs of the City; and
WHEREAS, the City has or will meet and confer with any affected employee organization regarding the implementation of the class specification, salary range, and any other substantial changes.
NOW, THEREFORE, THE SOUTH EL MONTE CITY COUNCIL DOES HEREBY RESOLVES, DETERMINES AND ORDERS AS FOLLOWS:
SECTION 1. The aforementioned recitals are incorporated herein by reference as set forth in full herein.
SECTION 2. The South El Monte City Council hereby approves upgrading the position of Director of Community Development, and adopts the job description for the upgraded position of Director of Community Development & Public Works, a copy of which is attached hereto as Exhibit A.
SECTION 3. 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 4. The City Clerk shall certify to the adoption of this Resolution.
SECTION 5. The Resolution shall take effect immediately upon its adoption by City Council.
PASSED, APPROVED AND ADOPTED this 15th day of April 2025.
________________________________
Gloria Olmos, Mayor
ATTEST:
Adrian Garcia, MMC, City Clerk
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, do hereby certify that the foregoing Resolution, being Resolution No. 25-039, was passed and approved by the City Council of the City of South El Monte, at a regular meeting of said Council held on the 15th day of April 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, City Clerk
CITY OF SOUTH EL MONTE
DIRECTOR OF COMMUNITY DEVELOPMENT & PUBLIC WORKS
At-Will, Exempt
DEFINITION
Under direction from the City Manager, serves as a member of the City's executive management team; plans, directs, supervises, and coordinates the activities of the Community Development and Public Works Departments, which includes Planning, Building and Safety, Housing, Code Enforcement, Public Safety, Municipal Engineering, Field Services, Facilities, Fleet Management, Capital Improvement, Landscape, and Street Maintenance. He/She will develop and administer the department budget; establishes and maintains liaison to the Planning Commission and other committees as needed, and the general public.
SUPERVISION RECEIVED AND EXERCISED
Supervision is received from the City Manager.
ESSENTIAL DUTIES
Assume full management responsibility for both Departmental Services and Duties may include, but are not limited to, the following:
• Plans, organizes, and directs Community Development operations including current and advanced planning, environmental planning (CEQA compliance), building and safety plan check, permitting, public service counter operations, building and grading inspections, business license program and inspections, and housing programs to achieve goals within available resources;
• Enhance and maintain successful programs and projects to help shape the growth and development of the City’s infrastructure;
• Obtain and manage state and federal grant monies for these and other projects; • Oversee and review the engineering services activities including engineering design, development review, CIP planning and construction management; • Understand Budgetary practices and economics in the field of Planning, direct the forecast of funds needed for staffing, equipment, materials and supplies, monitor and approve expenditures and implement mid-year adjustment. • Develop specifications and bid documents for a variety of public works and public utilities-related designs, constructions and maintenance projects, recommend contract awards, negotiate contract provisions and coordinate, review, inspect, monitor, and approve contractor’s performance;
• Manage the application process for acquiring and administering County, State, and Federal Grants;
• Represents the Community Development and Public Works Departments to other line departments, elected officials, and outside agencies and organizations; • Supervise and coordinate the technical research required in public works review process.
ATTACHMENT D
Exhibit A to Resolution 25-039
2 Director of Community Development and Public Works
• Develop and Present highly technical & analyzed information, studies and reports, as well as ordinances, resolutions, and staff reports clearly and concisely to various divisions, commissions, City Council and lay groups orally and in writing; • Serves as Executive Officer of the City’s Planning Commission; provide full administration and management of the agenda and projects in accordance with the rules as set forth in the Brown Act;
• Hires, trains, motivates, evaluates, disciplines, plans and organizes workloads for assigned staff and consultants;
• Analyzes local, State and Federal legislation, advises and develops City policy in the areas of planning, public works and public infrastructure; • Oversees Citywide regulatory programs including the compliance reporting to various State and federal agencies; maintains the City’s General Plan and Zoning Code; • Engages intergovernmental organizations and represents the City in Community Development and Public Works forums;
• Perform a variety of public relations and outreach work related to community development, planning and public works activities.
• Oversee code enforcement and public safety activities and ensure compliance with appropriate laws, ordinances, and regulations.
• Evaluates business processes and implements modernization strategies where needed; develops and leads staff to implement short and long-range plans and projects; assigns and coordinates staff to support year-round City and non-City special events; • Manages the City’s Housing Programs including the implementation of State grant funds;
• Responds to public inquiries about community development, planning/building, Public Works and zoning regulations and ordinances;
• Attend evening and weekend events and/or meetings; and • Perform other duties as assigned by the City Manager.
JOB REQUIREMENTS
Knowledge:
• Principles and practices of Public Administration, Organization Management; • Principles, methods, and procedures of City Planning, municipal public works, designing, maintenance, construction, Streets, Utilities and maintenance programs; • Budget Techniques;
3 Director of Community Development and Public Works
• City Municipal Code, General Plan, Subdivision Map Act; • State and Federal regulations and legislation;
• Principles of urban design, planning and zoning laws, land develop process; • Adept regulation research, English Language usage, writing and interpretation skills; • Marketing and public Relations, principles, and techniques; • Technology systems and relevant software applications; • Supervise, evaluate, and direct assigned staff;
• Initiate, negotiate, and/or review complex development proposals; • Adapt in a high-volume, fast-paced working atmosphere with multiple priorities; • Develop comprehensive plans to meet future City needs/services; • Deal constructively with conflict and develop effective resolutions; and • Oversee and coordinate consulting engineers effectively.
Competencies:
• Project Management – Ensures clear definition of project goal and criteria for success. • Strategic View – Focuses on the future and where current trends will lead. • Managing Change – Involves key stakeholder in planning and decision making. • Process Improvement – Controlling and Improving processes and workflow. • Organizational Design and Structure – Evaluates alternative organizational designs and selects the one best suited to meeting customer needs.
• Organizational Savvy – Understands the inner workings and interrelationships of the organization.
• Fiscal Acumen – Spends organizational funds wisely and strategically. • Managing Performance – Sets and aligns individual performance goals with the goals of the unit and the overall organization.
• Empowering Others – Allocates responsibility to others according to their abilities and opportunities for development.
• Leadership – Creates a positive work environment in which all are motivated to do their best.
• Handling Conflict – Deals with interpersonally or politically challenging situations calmly and diplomatically, diffusing tension.
• Influencing – Persuades others to consider and adopt a new position or attitude on a topic. • Presentation Skill – Delivers clear, organized, and persuasive messages. • Innovation – Readily spots/identifies current opportunities for improvement. • Gathering and Analyzing Data – Organizes, codes, aggregates, and disaggregates data for analysis and produces data that can be trusted.
MINIMUM QUALIFICATIONS:
Experience:
Five (5) years increasingly responsible experience in urban planning. Public Administration, Economics, Engineering or closely related field. A Master’s Degree in an applicable field is highly desirable. At least three years of increasingly responsible professional experience in the public service sector, and in supervisory management capacity. Demonstrated commitment to collaboration, innovation, open and transparent communication, and fiscal management.
4 Director of Community Development and Public Works
Management certifications from accredited universities or institutions in also a plus.
Education:
Bachelor’s degree in land-use planning, urban planning, public administration, or a closely related field. A Master’s degree is preferred.
Licenses and Certificates:
Possession of a valid Class C California State Driver’s License at the time of employment and continuously throughout employment.
PHYSICAL DEMANDS AND WORKING CONDITIONS
The physical demands and working conditions described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.
Physical Demands:
• Hand-eye coordination is necessary to operate computers and various pieces of office equipment.
• Frequently required to talk or hear.
• Sit; use hands to finger, handle, feel or operate objects, tools, or controls. • Reach with hands and arms.
• Occasionally required to stand or walk.
• Occasionally lift and/or move up to 25 pounds.
• Vision abilities required for close vision, distance vision, peripheral vision, depth perception, and the ability to adjust focus.
Working Conditions:
• Sedentary, office settings.
• Some outdoor work is required in the inspection of various land use developments and construction sites.
• Exposure to weather conditions including wet and/or humid conditions, or airborne particles.
• Noise Level in the work environment is usually quiet in the office, and moderate in the field.
City Council Agenda Report
Agenda Item No. 10.a.
DATE: May 6, 2025
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Masami Higa, Director of Finance
SUBJECT: CONTINUED FROM THE APRIL 15, 2025, REGULAR CITY
COUNCIL MEETING - SEEK DIRECTION FROM CITY
COUNCIL REGARDING STATE OF THE CITY EVENT
DONATIONS
SUMMARY: Staff seek direction from City Council regarding State of the City event donations.
RECOMMENDED ACTION: Staff recommends City Council discuss and provide direction to staff regarding State of the City event donations.
FISCAL/FINANCIAL IMPACT: No fiscal impact.
DISCUSSION: On March 27, 2025, the City held a State of the City event. As of April 8, 2025, the City has received $27,300 in cash donations.
In the prior year, such donations were awarded as scholarships to the South El Monte community’s students as follows:
South El Monte High School $1,000 x 22 students $22,000 Sheriff Academy $1,000 x 1 student $1,000
Shively $100 x 7 students $700
Epiphany $100 x 7 students $700
Miramonte $100 x 8 students $800
Monte Vista $100 x 8 students $800
Total $26,000
Staff recommends City Council discuss and provide direction to staff regarding how to award scholarships to students during the current year.
ATTACHMENT(S):