Cities Index.
Agenda packet

South El Monte City Council
June 16, 2026

Document
Agenda packet
Meeting
June 16, 2026
Body
South El Monte City Council
Pages
280
Original file
22.1 MB
Text extracted from the city's file for reading and search. Open the original on southelmonteca.api.civicclerk.com. That file is the official record.

of execution and delivery by each party hereto.

9.9 AB 1344. Assembly Bill 1344, which was subsequently enacted as Government Code §§ 53243 - 53243.4, sought to provide greater transparency in local government and institute certain limitations on compensation paid to local government executives. These statutes also require that contracts between local agencies and its employees include provisions requiring an employee who is convicted of a crime involving an abuse of her/his office or position to provide reimbursement to the local agency for the following forms of payment: (i) paid leave salary; (ii) criminal defense costs; (iii) cash settlement payments; and (iv) any non-contractual settlement payments. Accordingly, the Parties agree that it is their mutual intent to fully comply with these Government Code sections and all other applicable law as it exists as of the date of execution of this Agreement and as such laws may be amended from time to time thereafter.

Specifically, the following Government Code sections are called out and hereby incorporated by this Agreement:
§53243. Reimbursement of paid leave salary required upon conviction of crime involving office or position.
§53243.1. Reimbursement of legal criminal defense upon conviction of crime involving office or position.
§53243.2. Reimbursement of cash settlement upon conviction of crime involving office or position.
§53243.3. Reimbursement of noncontractual payments upon conviction or crime involving office or position.
§53243.4. "Abuse of office or position" defined.

Employee represents that Employee has reviewed, is familiar with, and agrees to comply fully with each of these provisions if any of these provisions are applicable to Employee, including that Employee agrees that any cash settlement or severance related to a termination that Employee may receive from the City shall be fully reimbursed to the local agency if Employee is convicted of a crime involving an abuse of Employee's office or position. The Government Code provisions referenced in this section are attached hereto in Exhibit “C”.

9.10 Independent Legal Advice. The City and Employee represent and warrant to each other that each has received legal advice from independent and separate legal counsel with respect to the legal effect of this Agreement, or has had the opportunity to do so, and the City and Employee further represent and warrant that each has carefully reviewed this entire Agreement and that each and every term thereof is understood and that the terms of this Agreement are contractual and not a mere recital. This Agreement shall not be construed against the party or its representatives who drafted it or who drafted any portion thereof.

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IN WITNESS WHEREOF, the City of South El Monte has caused this Agreement to be signed and executed on its behalf by its Mayor, and duly attested by its officers thereunto duly authorized, and Employee has signed and executed this Agreement, all in triplicate.

CITY OF SOUTH EL MONTE
Gloria Olmos, Mayor
ATTEST:

Adrian Garcia, MMC, City Clerk
APPROVED AS TO FORM:

Susie Altamirano, City Attorney

EMPLOYEE
Ariana De La Cruz

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EXHIBIT “A”

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15 EXHIBIT “A” Job description

CITY OF SOUTH EL MONTE

DIRECTOR OF COMMUNITY SERVICES
Exempt

DEFINITION
Under general direction of the City Manager, plans, directs, manages, and oversees the activities and operations of the Community Services Department including development, maintenance, and operations of city programs within recreation center and senior center services. The Director ensures all resources within each division are properly allocated and managed; provides long-range planning for department programs, projects, and needs; coordinates assigned activities with other departments and outside agencies; and provides highly responsible and complex administrative support to the City Manager.

SUPERVISION RECEIVED AND EXERCISED
Supervision is received from the City Manager. Supervision is exercised over Community Services Department staff.

ESSENTIAL DUTIES
Duties may include, but are not limited to, the following:
• Assumes full management responsibility for all Community Services Department services and activities including planning, development, and delivery of recreation and senior center services.
• Engage in strategic thinking to analyze and evaluate the present and future needs for community service programs, facilities and park areas.
• Formulate and recommend Department policies, priorities and objectives that will offer Lasting experiences, and foster human development, health and wellness. • Continuously monitor and evaluate the efficiency and effectiveness of programs and services delivery methods, based on desired outcomes.
• Assess workloads, administrative support systems, and internal working relationships to identify opportunities for improvement.
• Plans, directs, and coordinates, through subordinate level staff, the Community Services Department’s work plan; assigns projects and programmatic areas of responsibility. • Reviews and evaluates work methods and procedures; meets with key staff to identify and resolve problems.
• Selects, trains, motivates, and evaluates assigned personnel; provides or coordinates staff training; works with employees to correct deficiencies; implements discipline and termination procedures.

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16 • Approves the forecast of funds needed for staffing, equipment, materials, and supplies; approves expenditures and implement budgetary adjustments as appropriate and necessary.
• Oversees the planning, development, and delivery of a comprehensive recreation and senior center programs; identifies community needs and directs staff in delivery of programs.
• Works close with other departments such as public works maintenance staff to develop facility improvements, maintenance programs, and annual budget development for the same.
• Identifies grant and other funding opportunities; prepares grant applications and administers grant programs.
• Prepare and present verbal and written reports to City Council, Commissions, governmental agencies and community groups.
• Represents the Community Services Department to other departments, elected officials, and outside agencies including community organizations. • Explains, justifies, and defends department programs, policies, and activities; negotiates and resolves sensitive and controversial issues.
• Provide advisory support to the Recreation Commission and act as liaison to other citizen committees, community agencies and governmental agencies to facilitate recreation and senior center programs and services.
• Attends and participates in professional group meetings; maintains awareness of new trends and developments in the fields of recreation and senior center services. • Responds to and resolves difficult and sensitive citizen inquiries and complaints. • Performs related duties as required.

JOB REQUIREMENTS
Knowledge:
• City Municipal Code, Personnel Rules, County regulation on recreation programs and senior center operations.
• State and Federal regulations and legislation.
• Adept regulation research and interpretation skills.
• Technology systems and applications.
• Budget development and management
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.

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17 • 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 (4) years increasingly responsible experience Community Services Education:

Bachelor’s degree in recreation area, public administration, or a closely related field. A Master’s degree is desired.

Licenses and Certificates
Possession of or ability to obtain a valid Class C California State Driver's License.

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.

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18 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 fiel

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EXHIBIT “B”

AGREEMENT OF SEPARATION, SEVERANCE, AND GENERAL RELEASE

1. PARTIES
This Agreement of Separation, Severance, and General Release (hereinafter referred to as the “AGREEMENT”) is entered into by and between the City of South El Monte, a general law city and municipal corporation (hereinafter referred to as “THE CITY”), and Ariana De La Cruz, an individual (hereinafter referred to as “EMPLOYEE”).

2. RECITALS

2.1. EMPLOYEE was hired by THE CITY as an at-will Director of Community & Senior Services effective September 03, 2025, serving at the pleasure of the City Manager of THE CITY pursuant to a written contract, a copy of which is attached hereto as Exhibit “A” (“THE CONTRACT”).

2.2. THE CITY and EMPLOYEE desire that EMPLOYEE resign and enter into a severance agreement whereby EMPLOYEE receives severance compensation in exchange for executing a general release and waiver of any and all claims that EMPLOYEE may have against THE CITY, including but not limited to its elected and non-elected officials, employees, attorneys, and agents. Accordingly, the parties hereto intend by this AGREEMENT to mutually conclude any and all employment relationships between THE CITY and EMPLOYEE by means of EMPLOYEE’s voluntary separation as of ______, ____. This AGREEMENT sets forth the full and complete terms and conditions concluding EMPLOYEE’s employment relationship with the CITY and any obligations related thereto, including any provided under THE CONTRACT.

2.3 In accordance with this AGREEMENT and with applicable state and federal laws, EMPLOYEE acknowledges that EMPLOYEE has been advised of EMPLOYEE’s postemployment rights, including but not limited to, EMPLOYEE’s rights under the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”), the Employee Retirement Income Security Act of 1974 (“ERISA”), and the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).

3. CONSIDERATION

3.1 EMPLOYEE shall receive payment at the time of her voluntary separation all earned salary, accrued fringe benefits as detailed in THE CONTRACT, and/or all other wage compensation/benefits owed to EMPLOYEE upon separation of employment, as required by law or THE CONTRACT or any other agreement with THE CITY.

3.2. In exchange for the waivers and releases set forth herein, THE CITY shall also cause to be paid to EMPLOYEE an additional compensatory payment by means of severance, settlement and release in the form of a lump sum amount of ______as set forth in THE CONTRACT in the form of a check made payable to EMPLOYEE to be mailed to EMPLOYEE at EMPLOYEE’s home address via certified mail return receipt requested after the EFFECTIVE DATE (as defined below) of this AGREEMENT.

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3.3 In exchange for the severance payment provided for herein, EMPLOYEE, and on behalf of EMPLOYEE’s spouse, heirs, representatives, successors, and assigns, hereby releases, acquits, and forever discharges THE CITY, and each of its predecessors, successors, assigns, officials, employees, representatives, agents, insurers, attorneys, and all persons and entities acting by, though, under, or in concert with any of them, and each of them (hereinafter referred to as “THE CITY PARTIES”), from any and all claims, charges, complaints, contracts, understandings, liabilities, obligations, promises, benefits, agreements, controversies, costs, losses, debts, expenses, damages, actions, causes of action, suits, rights, and demands of any nature whatsoever, known or unknown, suspected or unsuspected, which EMPLOYEE now has or may acquire in the future, or which EMPLOYEE ever had, relating to or arising out of any act, omission, occurrence, condition, event, transaction, or thing which was done, omitted to be done, occurred or was in effect at any time from the beginning of time up to and including the date of this AGREEMENT (hereinafter referred to collectively as “CLAIMS”), without regard to whether such CLAIMS arise under the federal, state, or local constitutions, statutes, rules or regulations, or the common law. EMPLOYEE expressly acknowledges that the CLAIMS forever barred by this AGREEMENT specifically include, but are not limited to, claims based upon any alleged breach of THE CONTRACT or any other agreement of employment, any demand for wages, overtime or benefits, any claims of violation of the provisions of ERISA, COBRA or HIPAA, any alleged breach of any duty arising out of contract or tort, any alleged wrongful termination in violation of public policy, any alleged breach of any express or implied contract for continued employment, any alleged employment discrimination or unlawful discriminatory act, or any claim or cause of action including, but not limited to, any and all claims whether arising under any federal, state or local law prohibiting breach of employment contract, wrongful termination, or employment discrimination based upon age, race, color, sex, religion, handicap or disability, national origin or any other protected category or characteristic, and any and all rights or claims arising under the California Labor Code or Industrial Welfare Commission Wage Orders, the Federal Fair Labor Standards Act, the California Fair Employment and Housing Act, California Government Code §§12900 et seq., the Americans With Disabilities Act, Title VII of the Civil Rights Act of 1964, the Public Safety Officers Procedural Bill of Right Act, and any other federal, state, or local human rights, civil rights, or employment discrimination or employee rights statute, rule, or regulation to the extend allowed by applicable law.

4. SPECIFIC ACKNOWLEDGMENT OF WAIVER OF CLAIMS UNDER

ADEA AND OWBPA
The Age Discrimination in Employment Act of 1967 (hereinafter referred to as the “ADEA”) makes it illegal for an employer to discharge any individual or otherwise discriminate with respect to the nature and privileges of an individual’s employment on the basis that the individual is age forty (40) or older. The Older Workers Benefit Protection Act (hereinafter referred to as the “OWBPA,” 29 U.S.C. § 626 et seq., Pub L 101-433, 104 Stat. 978 (1990)) further augments the ADEA and prohibits the waiver of any right or claim under the ADEA, unless the waiver is knowing and voluntary. By entering into this AGREEMENT, EMPLOYEE acknowledges that he knowingly and voluntarily, for just compensation in addition to anything of value to which EMPLOYEE was already entitled, waives and releases any rights he may have under the ADEA and/or OWBPA. EMPLOYEE further acknowledges that he has been advised and understands, pursuant to the provisions of the ADEA and OWBPA, that:

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(a) This waiver/release is written in a manner understood by EMPLOYEE; (b) EMPLOYEE is aware of, and/or has been advised of, her/his rights under the ADEA and OWBPA, and of the legal significance of her/his waiver of any possible claims he currently may have under the ADEA, OWBPA and/or similar age discrimination laws; (c) EMPLOYEE is entitled to a reasonable time of at least twenty-one (21) days within which to review and consider this AGREEMENT and the waiver and release of any rights he may have under the ADEA, the OWBPA and similar age discrimination laws; but may, in the exercise of her own discretion, sign or reject this AGREEMENT at any time before the expiration of the twenty-one (21) days;
(d) The waivers and releases set forth in this AGREEMENT shall not apply to any rights or claims that may arise under the ADEA and/or OWBPA after the EFFECTIVE DATE of this AGREEMENT;
(e) EMPLOYEE has been advised by this writing that he should consult with an attorney prior to executing this AGREEMENT;
(f) EMPLOYEE has discussed this waiver and release with, and been advised with respect thereto by, her counsel of choice, and that he does not need any additional time within which to review and consider this AGREEMENT;
(g) EMPLOYEE has seven (7) days following her execution of this AGREEMENT to revoke the AGREEMENT;
(h) Notice of revocation within the seven (7) day revocation period must be provided, in writing, to THE CITY pursuant to Paragraph 8.9 herein, and must state, “I hereby revoke my acceptance of our Agreement of Severance and General Release;” and (i) This AGREEMENT shall not be effective until all parties have signed the AGREEMENT and ten (10) days have passed since EMPLOYEE’s execution (“EFFECTIVE DATE”).

5. UNKNOWN CLAIMS
In relation to the release provisions of Paragraphs 3 and 4 above, EMPLOYEE understands that California Civil Code section 1542 reads as follows:
“General Release--Claims Extinguished”
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

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EMPLOYEE hereby waives the protection of California Civil Code section 1542.

6. WAIVER OF ADDITIONAL CLAIMS
EMPLOYEE hereby waives any provisions of state or federal law that might require a more detailed specification of the claims being released pursuant to the provisions of Paragraphs 3, 4, and 5 above to the extent allowed under applicable law.

7. REPRESENTATIONS AND WARRANTIES
Each of the parties to this AGREEMENT represents and warrants to, and agrees with, each other party as follows:

7.1. Advice of Counsel: The parties hereto have received independent legal advice from their respective attorneys concerning the advisability of entering into and executing this AGREEMENT or have been given the opportunity to obtain such advice. The parties acknowledge that they have been represented by counsel of their own choice in the negotiation of this AGREEMENT, that they have read this AGREEMENT; that they have had this AGREEMENT fully explained to them by such counsel, or have had such opportunity to do so and that they are fully aware of the contents of this AGREEMENT and of its legal effect.

7.2. No Fraud in Inducement: No party (nor any officer, agent, employee, representative, or attorney of or for any party) has made any statement or representation or failed to make any statement or representation to any other party regarding any fact relied upon in entering into this AGREEMENT, and neither party relies upon any statement, representation, omission or promise of any other party in executing this AGREEMENT, or in making the settlement provided for herein, except as expressly stated in this AGREEMENT.

7.3. Independent Investigation: Each party to this AGREEMENT has made such
investigation of the facts pertaining to this settlement and this AGREEMENT and all the matters pertaining thereto, as it deems necessary.

7.4. Mistake Waived: In entering into this AGREEMENT, each party assumes the risk of any misrepresentation, concealment or mistake. If any party should subsequently discover that any fact relied upon by it in entering into this AGREEMENT was untrue, or that any fact was concealed from it, or that its understanding of the facts or of the law was incorrect, such party shall not be entitled to any relief in connection therewith, including without limitation on the generality of the foregoing any alleged right or claim to set aside or rescind this AGREEMENT.

This AGREEMENT is intended to be, and is, final and binding between the parties, regardless of any claims of misrepresentation, promise made without the intent to perform, concealment of fact, mistake of fact or law, or any other circumstance whatsoever.

7.5. Later Discovery: The parties are aware that they may hereafter discover claims or facts in addition to or different from those they now know or believe to be true with respect to the matters related herein. Nevertheless, it is the intention of the parties that

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EMPLOYEE fully, finally and forever settle and release all such matters, and all claims relative thereto, which do now exist, may exist or have previously existed against THE CITY or THE CITY PARTIES. In furtherance of such intention, the releases given here shall be, and remain, in effect as full and complete releases of all such matters, notwithstanding the discovery or existence of any additional or different claims or facts relative thereto.

7.6. Indemnification: EMPLOYEE agrees to indemnify and hold harmless THE CITY or THE CITY PARTIES from, and against, any and all claims, damages, or liabilities sustained by them as a direct result of the violation or breach of the covenants, warranties, and representations undertaken pursuant to the provisions of this AGREEMENT. EMPLOYEE understands and agrees that he shall be exclusively liable for the payment of all taxes for which he is responsible, if any, as a result of her/his receipt of the consideration referred to in Paragraph 3 of this AGREEMENT. In addition, EMPLOYEE agrees fully to indemnify and hold the CITY PARTIES harmless for payment of tax obligations as may be required by any federal, state or local taxing authority, at any time, as a result of the payment of the consideration set forth in Paragraph 3 of this AGREEMENT.

7.7. Future Cooperation & Consultation fees: EMPLOYEE shall execute all such further and additional documents as shall be reasonable, convenient, necessary or desirable to carry out the provisions of this AGREEMENT. EMPLOYEE shall provide THE CITY with consultation services (including deposition or trial testimony) in any litigation involving THE CITY which is reasonably related to acts or occurrences transpiring during her/his employment.

Said services shall be provided as needed by THE CITY at a rate of $100.00 per hour.

7.8. Return of Confidential Information and Property: Prior to the separation date, EMPLOYEE shall submit a written inventory of, and return to the Human Resources Division, all City keys, equipment, computer identification cards or codes, and other equipment or materials or confidential documents provided to or obtained by EMPLOYEE during the course of her/his employment with THE CITY.

7.9 No Pending Claims and/or Actions: EMPLOYEE represents that he has not filed any complaints or charges against THE CITY or THE CITY PARTIES with any local, state or federal agency or court; that he will not do so at any time hereafter for any claim arising up to and including the EFFECTIVE DATE of this AGREEMENT; and that if any such agency or court assumes jurisdiction of any such complaint or charge against THE CITY or THE CITY PARTIES on behalf of EMPLOYEE, whenever or where ever filed, he will request such agency or court to withdraw from the matter forthwith.

7.10. Ownership of Claims: EMPLOYEE represents and warrants as a material term of this AGREEMENT that EMPLOYEE has not heretofore assigned, transferred, released or granted, or purported to assign, transfer, release or grant, any of the CLAIMS disposed of by this AGREEMENT. In executing this AGREEMENT, EMPLOYEE further warrants and represents that none of the CLAIMS released by EMPLOYEE thereunder will in the future be assigned, conveyed, or transferred in any fashion to any other person and/or entity.

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7.11 Enforcement Fees and Costs: Should any legal action be required to enforce the terms of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees and costs in addition to any other relief to which that party may be entitled.

7.12 Authority: Each party represents to the other that it has the right to enter into this AGREEMENT, and that it is not violating the terms or conditions of any other AGREEMENT to which they are a party or by which they are bound by entering into this AGREEMENT. The parties represent that they will obtain all necessary approvals to execute this AGREEMENT. It is further represented and agreed that the individuals signing this AGREEMENT on behalf of the respective parties have actual authority to execute this AGREEMENT and, by doing so, bind the party on whose behalf this AGREEMENT has been signed.

8. MISCELLANEOUS

8.1. No Admission: Nothing contained herein shall be construed as an admission by THE CITY of any liability of any kind. THE CITY denies any liability in connection with any claim and intends hereby solely to avoid potential claims and/or litigation and buy its peace.

8.2. Governing Law: This AGREEMENT has been executed and delivered within the State of California, and the rights and obligations of the parties shall be construed and enforced in accordance with, and governed by, the laws of the State of California.

8.3. Full Integration: This AGREEMENT is the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions. This AGREEMENT may be amended only by a further agreement in writing, signed by the parties hereto.

8.4. Continuing Benefit: This AGREEMENT is binding upon and shall inure to the benefit of the parties hereto, their respective agents, spouses, employees, representatives, officials, attorneys, assigns, heirs, and successors in interest.

8.5. Joint Drafting: Each party agrees that it has cooperated in the drafting and preparation of this AGREEMENT. Hence, in any construction to be made of this AGREEMENT, the parties agree that same shall not be construed against any party.

8.6. Severability: In the event that any term, covenant, condition, provision or agreement contained in this AGREEMENT is held to be invalid or void by any court of competent jurisdiction, the invalidity of any such term, covenant, condition, provision or agreement shall in no way affect any other term, covenant, condition, provision or agreement and the remainder of this AGREEMENT shall still be in full force and effect.

8.7. Titles: The titles included in this AGREEMENT are for reference only and are not part of its terms, nor do they in any way modify the terms of this AGREEMENT.

8.8. Counterparts: This AGREEMENT may be executed in counterparts, and

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when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one AGREEMENT, which shall be binding upon and effective as to all parties.

8.9. Notice: Any and all notices given to any party under this AGREEMENT shall be given as provided in this paragraph. All notices given to either party shall be made by certified or registered United States mail, or personal delivery, at the noticing party’s discretion, and addressed to the parties as set forth below. Notices shall be deemed, for all purposes, to have been given on the date of personal service or three (3) consecutive calendar days following deposit of the same in the United States mail.

As to EMPLOYEE:

At EMPLOYEE’s home address on file with THE CITY.

As to THE CITY:

City Manager
City of South El Monte
1415 Santa Anita Ave.

South El Monte, California 91733

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IN WITNESS WHEREOF, THE CITY has caused this AGREEMENT to be signed and executed on its behalf by its Mayor and duly attested by its City Clerk, EMPLOYEE has signed and executed this Agreement, and the attorneys for THE CITY and EMPLOYEE, if any, have approved as to form as of the dates written below.

DATED: EMPLOYEE
By:

Ariana De La Cruz

THE CITY
DATED: By:

City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

Susie Altamirano, City Attorney

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EXHIBIT “C”
GOVERNMENT CODE SECTION 53243-53243.4
53243. On or after January 1, 2012, any contract executed or renewed between a local agency and an officer or employee of a local agency that provides paid leave salary offered by the local agency to the officer or employee pending an investigation shall require that any salary provided for that purpose be fully reimbursed if the officer or employee is convicted of a crime involving an abuse of his or her office or position.
53243.1. On or after January 1, 2012, any contract executed or renewed between a local agency and an officer or employee of a local agency that provides funds for the legal criminal defense of an officer or employee shall require that any funds provided for that purpose be fully reimbursed to the local agency if the officer or employee is convicted of a crime involving an abuse of his or her office or position.
53243.2. On or after January 1, 2012, any contract of employment between an employee and a local agency employer shall include a provision which provides that, regardless of the term of the contract, if the contract is terminated, any cash settlement related to the termination that an employee may receive from the local agency shall be fully reimbursed to the local agency if the employee is convicted of a crime involving an abuse of his or her office or position. 53243.3. On or after January 1, 2012, if a local agency provides, in the absence of a contractual obligation, for any of the payments described in this article, then the employee or officer receiving any payments provided for those purposes shall fully reimburse the local agency that provided those payments in the event that the employee or officer is convicted of a crime involving the abuse of his or her office or position.
53243.4. For purposes of this article, "abuse of office or position" means either of the following:
(a) An abuse of public authority, including, but not limited to, waste, fraud, and violation of the law under color of authority.
(b) A crime against public justice, including, but not limited to, a crime described in Title 5 (commencing with Section 67) or Title 7 (commencing with Section 92) of Part 1 of the Penal Code.

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ATTACHMENT C
RESOLUTION NO. 26-045

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL

APPROVING A NEW EMPLOYMENT AGREEMENT WITH

MASAMI HIGA, FINANCE DIRECTOR
WHEREAS, pursuant to the South El Monte Municipal Code §2.64.030, appointment of City department heads “… shall be made by the city manager, subject to the consent of the city council[;]” and
WHEREAS, the position of Finance Director serves as department head of the City’s Finance Department; and
WHEREAS, on February 28, 2023, the City of South El Monte (“City”) approved an employment agreement with Masami Higa for the position of Finance Director for a three (3) year term which expired February 12, 2026; and
WHEREAS, the City Manager has reviewed the Employee’s performance and desires to enter into a new Employment Agreement with Masami Higa for continued service as Finance Director under revised terms and conditions; and
WHEREAS, the proposed Employment Agreement establishes updated compensation, benefits, and other terms and conditions of employment for Employee’s continued service to the City; and
WHEREAS, the City Manager finds that entering int the Employment Agreement will promote continuity in leadership, support the effective administration and operation of the Community & Senior Services Department, and serve the best interests of the City; and WHEREAS, the City Manager recommends approval of the Employment Agreement; and WHEREAS, the City Council has reviewed the proposed Employment Agreement and desires to consent to the Employee’s continued appointment as Finance Director in accordance with the Municipal Code.

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

SECTION 1. The aforementioned recitals are incorporated herein by reference as set forth in full herein.

SECTION 2. The City Council hereby approves the Employment Agreement between the City of South El Monte and Masami Higa for a term of three (3) years commencing on June 16, 2026 with updated compensation, benefits and other terms and conditions of employment.

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

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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 16th day of June 2026.

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 certify that the foregoing Resolution, being Resolution No. 26-045, 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 16th day of June 2026, and that said Resolution was adopted by the following vote:

AYES: Councilmember(s):

NOES: Councilmember(s):

ABSENT: Councilmember(s):

ABSTAIN: Councilmember(s):

Adrian Garcia, MMC, City Clerk

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CITY OF SOUTH EL MONTE

DIRECTOR OF FINANCE EMPLOYMENT AGREEMENT
This Director of Finance EMPLOYMENT AGREEMENT (“Agreement”) is entered into on the 16th day of June 2026, by and between the CITY OF SOUTH EL MONTE, a general law city and municipal corporation (“City”) and Masami Higa, an individual (“Employee”).

R E C I T A L S
WHEREAS, it is the desire of the City Manager of the City of South El Monte (hereinafter the "City Manager") to continue Employee’s appointment to serve in the position of Director of Finance effective as of June 16, 2026; and
WHEREAS, pursuant to South El Monte Municipal Code §2.64.030, appointment of City department heads “. . . shall be made by the city manager, subject to the consent of the city council[;]” and
WHEREAS, the position of Director of Finance is the department head of the City’s Finance Department; and
WHEREAS, pursuant to South El Monte Municipal Code §2.64.030, City department heads hold employment “at and during the pleasure of the city manager [;]” and WHEREAS, the City requires the continued services of a Director of Finance; and WHEREAS, the duties of the Director of Finance are set forth in Exhibit “A” to this Agreement; and
WHEREAS, Employee was initially hired as Finance Director on February 13, 2023 for a term of three (3) years which expired on February 12, 2026 ; and WHEREAS, based on Employee’s executive and administrative qualifications and abilities, the City Manager desires to renew Employee’s employment to continue serving as the Director of Finance; and
WHEREAS, Employee desires to continue performing and assuming responsibility for the provision of Director of Finance to the City; and
WHEREAS, the parties wish to establish the terms and conditions governing Employee’s continued employment as Director of Finance through this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City and Employee hereby agree as follows:

AGREEMENT

ATTACHMENT D

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1.0 EMPLOYMENT & DUTIES

1.1 Duties. City hereby continues to employ Employee as Director of Finance for the City to perform the functions and duties of the Director of Finance position as described in Exhibit “A,” and to perform such other legally permissible and proper duties and functions as the City Manager shall, from time-to-time, direct or assign. The City reserves the right to adopt and/or amend the job description and functions and duties for the position of Director of Finance, as it deems necessary and appropriate, without requiring Employee’s acquiescence or an amendment of this Agreement. Employee agrees to perform all such functions and duties to the best of Employee’s ability and in an efficient, competent, and ethical manner.

1.2 Work Schedule. It is recognized that Employee is expected to engage in the hours of work that are necessary to fulfill the obligations of the position, must be available at all times, and must devote a great deal of time outside the normal office hours to the business of the City. Employee acknowledges that proper performance of the duties of Director of Finance will require Employee to generally observe normal business hours, as set by the City and may be duly revised from time-to-time (currently 7:00 a.m. to 5:30 p.m., Monday through Thursday), and will also often require the performance of necessary services outside of normal business hours.

Notwithstanding the foregoing, the City will permit Employee such reasonable “time off” as is customary for exempt employees of the City, so long as the time off does not interfere with normal business. Employee’s compensation (whether salary or benefits or other allowances) is not based on hours worked, and Employee shall not be entitled to any compensation for overtime.

1.3 Other Activities. Employee shall focus his professional time, ability, and attention to City business during the term of this Agreement. Employee shall not engage, without the express prior written consent of the City Manager, in any other business duties or pursuits whatsoever, or directly or indirectly render any services of a business, commercial, or professional nature to any other person or organization, whether for compensation or otherwise, that is or may be competitive with the City, that might cause a conflict-of-interest with the City, or that otherwise might interfere with the business or operation of the City or the satisfactory performance of the functions and duties of Director of Finance.

1.4 Employment Status. Upon the renewal of Employee’s appointment to the position of Director of Finance, Employee shall serve at the will and pleasure of the City Manager and understands that she shall be an “at-will” employee without recourse to bumping or other demotion rights and shall be subject to summary dismissal without any right of notice or hearing except as expressly provided in this Agreement, including any so-called due process predisciplinary “Skelly” hearing. The City may terminate Employee at any time in accordance with Section 3.4 below.

1.5 City Documents. All data, studies, reports and other documents prepared by Employee while performing his duties during the term of this Agreement shall be furnished to and become the property of the City, without restriction or limitation on their use. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other materials either created by or provided to Employee in connection with the performance of this Agreement shall be held confidential by Employee to the extent permitted by applicable law, except as may be required by any

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governmental agency or court of competent jurisdiction. Such materials shall not be used by Employee, without the prior written consent of the City Manager, for any purposes other than the performance of her duties. Additionally, no such materials may be disclosed to any person or entity not connected with the performance of services under this Agreement, except as required by (a) law, (b) any governmental agency, (c) subpoena, or (d) an order issued by a court of competent jurisdiction.

1.6 Exclusion from Classified Service. Employee understands, acknowledges, and agrees that he is not included within the classified service of the City pursuant to South El Monte Municipal Code § 2.64.010(H)(7).

1.7 Exempt Status. Employee acknowledges and agrees that his position is that of an exempt employee for the purposes of the Fair Labor Standards Act and any other applicable state or federal law or regulation.

2.0 COMPENSATION

2.1 Compensation. For the services rendered pursuant to this Agreement, Employee’s base compensation shall be Two Hundred Six Thousand, One Hundred Twenty-One Dollars ($206,121) annually (“Salary”), which shall be paid on a pro-rated basis bi-weekly at the same time as other employees of the City are paid. Such Salary shall be adjusted for payroll taxes, workers’ compensation, and other payroll-related liability costs.

2.2 Annual Salary Review. The City Manager and Employee agree to conduct an annual salary review concurrently with any annual performance evaluation conducted pursuant to Section 5.2. Following the annual performance review, the City Manager may increase Employee’s salary within the Council-approved salary range for the position of Director of Finance.

The City Manager and/or the Employee reserve the right to defer or refuse any or all part of any base salary adjustment if either party determines that the fiscal state of the City warrants such action.

3.0 TERM

3.1 Commencement & Effective Date. Employee shall commence his services hereunder June 16, 2026, which will also be deemed the effective date of this Agreement (“Effective Date”).

3.2 Term. The term of this Agreement will be for three (3) years following the Effective Date (“Term”) (i.e., until June 16, 2029) and, thereafter, the term of this Agreement may be extended for one additional one (1) year term(s) as Employee and City Manager mutually agree, as evidenced by a writing signed by both parties.

3.3 Termination by Employee. Employee may terminate this Agreement at any time, provided Employee provides the City Manager with at least thirty (30) days’ advance written notice. In the event Employee terminates this Agreement, Employee expressly agrees that he shall not be entitled to any severance pay.

3.4 Termination by City. The City Manager may terminate this Agreement at

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any time with or without cause, by providing written notice. The City Manager’s right to terminate Employee pursuant to this Section 3.4 shall not be subject to or in any way limited by the City’s Personnel Rules or past City practices related to the employment, discipline, or termination of the City’s employees. Employee expressly waives any rights provided for the Finance Director under the City’s Personnel Rules, Municipal Code, or under other state or federal law to any other form of pre- or post-termination hearing, appeal, or other administrative process pertaining to termination. Nothing herein, however, shall be construed to create a property interest, where one does not exist by rule of law, in the position of Finance Director. Upon appointment to the Finance Director position, Employee shall be an at-will employee serving at the pleasure of the City Manager.
(a) Termination by City for Cause. The City may terminate this Agreement for cause at any time by providing Employee with five (5) business days’ written notice of the termination for cause and the facts and grounds constituting such cause. The term “cause” shall be defined to include any misconduct materially related to performance of official duties, including but not be limited to any of the following: 1) Breach of this Agreement, 2) Willful or persistent material breach of duties, 3) Résumé fraud or other acts of material dishonesty, 4) Unauthorized absence or leave, 5) Conviction of a misdemeanor involving moral turpitude (i.e., offenses contrary to justice, honesty, or morality) or conviction of a felony under California law, 6) Violation of the City’s anti-harassment policies and/or a finding that legally prohibited personal acts of harassment against a City official or employee or legally prohibited personal acts of discrimination against a City official or employee has occurred, 7) Violation of the City’s Municipal Code, Ordinances, Rules, and Regulations, including but not limited to the City’s Personnel Rules, 8) Use or possession of illegal drugs, 9) Engaging in conduct tending to bring embarrassment or disrepute to the City, 10) Any illegal or unethical act involving personal gain, 11) A pattern of repeated, willful and intentional failure to carry out materially significant and legally constituted direction or policy decisions of the City Manager, 12) Gross misfeasance or gross malfeasance, and 13) “abuse of office or position” as defined in Government Code §53243.4 (i.e., waste, fraud, and violation of the law under color of authority and crimes against public justice, including crimes involving bribery and corruption). For any of the foregoing, the City may, in its discretion, place Employee on paid or unpaid administrative leave until resolution. If the City terminates for cause this Agreement and the services of Employee hereunder, the City shall have no obligation to pay severance.
(b) Termination by City Manager Without Cause. The City Manager may terminate Employee at any time without cause but rather based upon management reasons such as implementing the City’s goals or policies, including but not limited to: (i) change of administration, or (ii) incompatibility of management styles. In the event Employee is terminated without cause, Employee expressly agrees that he shall not be entitled to any severance pay as the result of the termination of this Agreement except as provided in Section 4.1 below.

4.0 SEVERANCE

4.1 Severance Pay. In the event Employee is terminated without cause within one (1) year of the Effective Date and does not challenge such termination, including but not limited to by means of civil or administrative claim, then City shall pay to Employee severance in an amount equal to his monthly base Salary (as defined in Section 2 above, calculated on a per diem basis) then in effect multiplied by one (1), less applicable deductions and excluding deferred

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compensation or the value of any other benefits. If Employee is terminated without cause at any time later than one (1) year after the Effective Date and does not challenge such termination, including but not limited to by means of appeal or civil or administrative claim, then City shall pay to Employee severance in an amount equal to the monthly base salary of Employee then in effect multiplied by nine (9) excluding the value of any benefits.

Notwithstanding the foregoing, Government Code Section 53260 provides that all contracts of employment with a city must include a provision limiting the maximum cash settlement for the termination of the contract to the monthly salary (excluding benefits) multiplied by the number of months left on the unexpired term, but not more than 18 months if the unexpired term exceeds 18 months. Accordingly, should such proposed severance payment exceed the amount authorized to be paid under Government Code Section 53260, then the amount paid to Employee shall be reduced in the amount necessary to comply with such statute. (For example, if termination occurs with two (2) months left in the term, severance would be equal to the monthly base salary multiplied by two (2) rather than the three (3) months provided in this Section.)

4.2 No Severance Pay if Termination for Cause or Initiated by Employee. As provided in Section 3.4(a), should Employee be terminated for cause, the City shall have no obligation to pay the severance provided for in Section 4.1 above. As provided in Section 3.3, should Employee initiate termination of this Agreement, the City shall have no obligation to pay the severance provided for in Section 4.1 above. Furthermore, in the event this Agreement expires by its own term as provided in Section 3.2 above, then the City shall have no obligation to pay the severance provided for in Section 4.1 above.

4.3 Sole Rights. The severance rights provided in this Section 4.0 shall constitute the sole and only entitlement of Employee with respect to severance pay in the event of the termination, other than for cause. Employee expressly waives any and all other rights with respect to severance pay except as provided herein. Any and all severance rights are conditioned upon and in consideration for execution of the standard “Agreement of Separation, Severance, and General Release” attached hereto in form only as Exhibit “B.”

5.0 PERFORMANCE EVALUATIONS

5.1 Purpose. The performance review and evaluation process set forth herein is intended to provide review and feedback to Employee so as to facilitate a more effective management of the Finance Department of the City. Nothing herein shall be deemed to alter or change the employment status of Employee (as set forth in Section 1.4 above), nor shall this Section

5.0 be construed as requiring “cause” to terminate this Agreement, or the services of Employee hereunder.

5.2 Annual Evaluation. The City Manager may, at his/her sole discretion, review and evaluate the performance of Employee annually within thirty (30) days after each anniversary of the Effective Date. In addition, Employee shall submit for the City Manager’s consideration, no later than December 1 of each year of the term of this Agreement, Employee’s proposed annual performance goals and objectives and incorporate the City Manager’s suggestions. Such review and evaluation, if any, will be conducted concurrently with an annual salary review, and in accordance with the purpose noted in Section 5.1 above.

5.3 Written Summary. The City Manager may, at his/her sole discretion, elect to

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provide a written summary of each performance evaluation to Employee within two (2) weeks following the conclusion of the review and evaluation process.

6.0 BENEFITS

6.1 Holiday. The City shall provide Employee with the following holidays with pay:

1. New Year 's Day

2. Martin Luther King Day

3. Presidents' Day

4. Cesar Chavez Day

5. Memorial Day

6. Independence Day

7. Labor Day

8. Columbus Day

9. Veterans' Day

10. Thanksgiving Day

11. Christmas Day

12. Employee's Birthday

13. Juneteenth Day
Cesar Chavez Day, Juneteenth Day, and Employee’s Birthday are not observed holidays.

Employee shall earn one floating holiday for Cesar Chavez Day, Juneteenth Day, and Employee’s Birthday. Employee may use the floating holidays on any scheduled workday with prior City Manager approval. Employee shall not accrue more than three (3) floating holidays. Upon Employee’s separation from City service for any reason, the City shall compensate Employee for any accrued floating holidays. The value of accrued floating holidays shall be calculated using Employee’s prevailing pay rate on the date of Employee’s separation from City service.

6.2 Administrative Leave. Employee will be granted 80 hours of administrative leave per fiscal year. Employee shall not accrue more than 80 hours of administrative leave.

Employee shall not use less than one (1) hour of administrative leave at any one time.

Administrative leave must be used and deducted from accruals on an hour-by-hour basis for time missed from normal work hours which for purposes of this section are deemed to be normal City operating hours. Upon Employee’s separation from City service for any reason, the City shall compensate Employee for any accrued administrative leave. The value of accrued administrative leave shall be calculated using Employee’s prevailing pay rate on the date of Employee’s separation from City service.

6.3 Bereavement Leave. Employee shall be entitled to bereavement leave for a period not exceeding three (3) workdays for deaths within the Employee's immediate family.

Immediate family is defined as any relative by blood or marriage who is a member of the Employee's household (under the same roof), and the Employee's spouse, registered domestic partner, parents or stepparents; spouse's parents or stepparents; brothers, stepbrothers or halfbrothers; sisters, step-sisters or half- sisters; Employee's grandparents; spouse's grandparents; grandchildren; aunts and uncles, in-laws, regardless of the residence of the deceased. For purposes of compliance with Government Code section 12945.7, Employee shall be entitled to two additional

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days of bereavement leave (totaling five days), which will be unpaid unless Employee elects to use accrued vacation, sick, administrative, or floating holiday leave for pay on these days.

6.4 Time Off For Jury Duty. The City shall grant up to 22 business days off to Employee if he is required to serve on jury duty, with compensation at Employee's existing pay rate. The Employee shall remit to the City any money paid to him by the court for jury service.

6.5 Health Benefits. The City, only while it participates in the California Public Employees' Retirement System Medical and Hospital Care Plan (“PERS Plan”), shall make the following contributions towards the cost of medical insurance for Employee: the City will contribute directly to PERS an amount to be applied to the applicable PERS Plan monthly premium.

The City will contribute an amount equal to the actual monthly premium for the plan and applicable number of dependents (employee only, employee & 1 dependent or employee & 2 or more dependents), not to exceed the monthly premium rate established by Kaiser Permanente for its Family Health Plan. Employee will pay any premium amount above the maximum City contribution by payroll deduction. If Employee does not enroll in any medical insurance plan offered by the City, then in lieu of the City contribution to health benefits provided pursuant to this section 6.5 Employee shall instead receive a deferred compensation payment of $600 per month. To be eligible for the $600 deferred compensation payment, Employee must submit to the City written proof of duplicate medical insurance coverage. The City reserves the right to enhance, reduce, terminate, and amend or to otherwise change its health and other benefit programs at any time.

6.6 Vision and Dental Insurance. The City shall pay the monthly vision and dental insurance premiums for Employee and his eligible dependents.

6.7 Life Insurance, Accidental Death Insurance and Long-Term Disability Insurance: The City shall pay 100% of the cost of term life insurance equal to Employee's annual salary, accidental death and dismemberment insurance equal to Employee 's annual salary, and long-term disability insurance equal to two-thirds of Employee's monthly salary. The long-term disability insurance plan shall provide a 30-day benefit exclusion and benefit payments until the age of 70 years.

6.8 California Public Employees' Retirement System (“CalPERS”).

Employee is a “Classic” local miscellaneous second tier member, and accordingly is covered by the 2% @ 60 CalPERS retirement formula. Employee will pay the mandatory CalPERS contribution rate for “Classic” second tier members as determined by CalPERS.

6.9 Retiree Health Benefits. Should Employee retire from the City as a CalPERS eligible retiree, the City will contribute an amount toward the CalPERS medical premium that is equal to the amount required under the City's resolution electing coverage under the Public Employees Medical and Hospital Care Act (“PEMHCA”), which is the minimum amount required by the PEMHCA. The City shall have no obligation to make such contribution in the event it no longer participates in the CalPERS medical and hospital care program. Provided that Employee has reached the minimum age of 50 years of age and retired from the City as a CalPERS eligible retiree, he shall continue to be eligible to participate in the City's group medical, dental and vision care plans until age 65, contingent upon the health provider's acceptance. The full cost of any insurance selected by the retiree shall be borne by the retiree. As long as the retiree is enrolled in an insurance plan his eligible dependents may also enroll in the insurance plans as provided above. The retiree

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and/or dependent shall pay any cost of dependent insurance benefits.

6.10 Purchase of Home Office Equipment. The City will advance up to a total of $3,000 to Employee for the purpose of acquiring a personal computer and appurtenant types of office equipment which the Employee will utilize at his home to facilitate work production outside normal business hours. More than one such advance may be made, but at no time may the combined total of all outstanding advances exceed $3,000. Funds will be advanced only after the need for the equipment is verified and approved by the City Manager and a reimbursement agreement is approved and executed by the City Attorney.

6.11 Reimbursement for Damage To Employee Vehicles. The City agrees to reimburse Employee in an amount not to exceed $200 per fiscal year for damages due to or caused by vandalism to Employee's vehicle while on City property during Employee's working hours. In order to be eligible for reimbursement, Employee must submit an incident report and a Sheriff’s report to the City Manager and Risk Manager regarding the incident causing the damage to the vehicle.

6.12 Education Reimbursement. The City will reimburse Employee for the cost of all books and tuition incurred by Employee while attending an accredited educational institution for those courses directly related to the Employee's scope of employment or which are contained within an approved curriculum of study that is directly related to the Employee's scope of employment. Tuition shall be reimbursed at rates up to the tuition rates of the California State University system. The City will reimburse the Employee for all classes the Employee completes with a grade of "C" or better provided Employee: i) provides a list of classes to the City Manager prior to each quarter or semester; ii) provides the City Manager verification of the cost for tuition and books; and iii) provides to the City Manager certification of completion upon completion of the course(s).

6.13 Vacation Leave.
(a) Employee may accrue up to a maximum of 320 hours of unused vacation leave. Upon reaching 320 hours, Employee shall earn no additional vacation accrual until his balance of accrued but unused vacation leave is reduced below 320 hours. Upon a written administrative determination by the City Manager that work demands prevent Employee from using vacation time on a timely basis, the City Manager may permit Employee to exceed the maximum accrual cap by a specified amount and for a specified time, not to exceed 40 hours of vacation time and not to exceed a duration of 6 months. The City Manager may also require a plan designed to bring Employee back into compliance with vacation accrual limitations. It is the responsibility of Employee to arrange for timely use or, to the extent available, cash conversion of vacation time well in advance of reaching the maximum accrual limit. (b) Employee shall not use less than one (1) hour of vacation leave at any one time. Vacation leave must be used and deducted from accruals on an hour-by-hour basis for time missed from normal work hours, which for purposes of this section are deemed to be normal City operating hours.
(c) If Employee has accrued in excess of 250 hours, he may be paid

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for the excess vacation on a dollar-for-dollar basis twice per year at the end of the fiscal year or end of the calendar year subject to the following:

1. Employee must have taken minimum hours of vacation in the fiscal year so that at the end of the fiscal year the vacation accrual does not exceed 320 hours.

2. The payout must otherwise comply with any City rules and procedures pertaining to vacation leave cash out.

3. In the event vacation leave cash-out procedures are changed for other City employees, then Employee shall be subject to such updated vacation leave cash out procedures.
(d) Employee shall be credited with vacation leave at the following rates based upon the length of service:

1. Eight hours per month (accrued at the rate of four hours biweekly for 24 of the 26 pay periods annually) during the first five years of service;

2. Ten hours per month (accrued at the rate of five hours biweekly for 24 of the 26 pay periods annually) during the sixth through the tenth years of service;

3. Twelve hours per month (accrued at the rate of six hours biweekly for 24 of the 26 pay periods annually) during the 11th through 15th years of service; and

4. Thirteen hours per month (accrued at the rate of six and onehalf hours bi-weekly for 24 of the 26 pay periods annually) during the 16th and following years of service.

6.14 Sick Leave.
(a) Employee shall accrue sick leave at the rate of eight (8) hours of sick leave for each complete month of service.
(b) Employee may accrue an unlimited number of sick leave hours.

Employee shall not use less than one (1) hour of sick leave at any one time. Sick leave must be used and deducted from accruals on an hour-by-hour basis for time missed from normal work hours, which for purposes of this section are deemed to be normal City operating hours. (c) If Employee accrues in excess of 330 hours, Employee may opt to be paid for up to 80 hours on a dollar for-dollar basis one-time per fiscal year during the payroll that includes March 31st. In the event sick leave cash-out procedures are changed for other City employees, then Employee shall be subject to such updated sick leave cash out procedures. (d) Upon separation, Employee shall be eligible to receive monetary compensation for any unused sick leave based on the table below. Years of service shall be calculated based on the Employee's anniversary date.

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Years of Service Value of Sick Leave
0-4 years 0%
5 - 10 years 10%
11 - 15 years 15%
16 years and above 20%

6.15 Deferred Compensation. City shall contribute $400.00 per month into a qualified 457 plan.

6.16 Cellular Phone. At no cost to Employee, City shall provide Employee with the use of a City-owned cellular phone. Employee shall reimburse City for all cell phone charges incurred for personal use not related to the performance of her job.

6.17 Automobile Allowance.
(a) City shall provide to Employee a monthly automobile allowance of $600. Such amount is intended to reimburse Employee for all costs associated with the use of Employee's automobile for City business, including but not limited to all applicable costs of automobile liability insurance, maintenance, operating expenses, depreciation, and interest. (b) Employee shall maintain all records required by applicable California and federal law concerning use of such automobile, including without limitation records to substantiate personal and City-related use of such automobile. (c) Employee shall maintain automobile liability insurance policy with $100,000/300,000/50,000 maximum coverage, combined single limit coverage against any injury, death, loss, or damage as a result of wrongful or negligent acts arising out of the operation of the automobile. Unless otherwise required by the City, Employee will maintain a policy with such coverage and limits throughout the term of this Agreement. If City requires Employee to secure and maintain an insurance policy with greater coverage than said coverage set forth in the insurance policy currently insuring Employee, and as a result of such requirement Employee's premium cost for such policy containing greater coverage is higher than the premium cost of his insurance policy, City shall pay the difference. Employee shall name City, and its Council members, officials, and employees as additional insured on his policy; and deliver to City copies of such insurance endorsements and certificate of insurance. Such insurance policy shall provide that the insurance coverage shall not be canceled, reduced, or otherwise modified by Employee or by Employee 's insurance carrier without at least 30 days prior written notice, served on City personally by said insurance company.

6.18 Changes in Compensation and Benefits. Employee acknowledges that the City Council may in the future adopt a resolution establishing compensation and benefits for the City’s executive employees, including Employee and department heads, which may reduce the level of compensation (exclusive of Employee’s base salary), or benefits provided. In the event the level of compensation or benefits provided to Employee changes (whether by increase or decrease), the Parties agree that such changes shall not be deemed material or a breach of this Agreement.

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7.0 EXPENSE REIMBURSEMENT
The City recognizes that Employee may incur certain expenses of a non-personal and jobrelated nature in performance of the duties of the position of Director of Finance. The City agrees to reimburse the actual cost of such expenses, which are authorized for reimbursement and incurred and submitted according to the City’s normal expense approval and reimbursement procedures. To be eligible for reimbursement, all expenses must be supported by an appropriate receipt therefore and submitted within time limits established by the City, in accordance with AB 1234 and any applicable City ordinances, resolutions, rules, policies or procedures.

8.0 BONDS AND INDEMNIFICATION

8.1 Indemnification. To the extent mandated by the California Government Code, the City with legal counsel of City’s choosing shall defend, hold harmless, and indemnify Employee against any tort, professional liability, claim or demand, or other legal action arising out of an alleged act or omission occurring in the performance of Employee’s services under this Agreement. This section shall not apply to any intentional tort or crime committed by Employee, to any action outside the course and scope of the services provided by Employee under this Agreement, or any other intentional or malicious conduct or gross negligence of Employee.

8.2 Bonds. City shall bear the full cost of any fidelity or other bonds, which may be required in the performance of Employee’s services under this Agreement.

9.0 GENERAL PROVISIONS

9.1 Entire Agreement. This Agreement represents the entire agreement between the parties and supersedes any and all other agreements, either oral or in writing, between the parties with respect to Employee’s employment by the City and contains all of the covenants and agreements between the parties with respect to such employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by either party, or anyone acting on behalf of either party, which are not embodied herein, and that no other agreement, statement or promises not contained in this Agreement shall be valid or binding upon either party.

9.2 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing, which amendment shall require City Council approval, except where City Manager approval is expressly authorized herein.

9.3 Notices. Any notice required or permitted by this Agreement shall be in writing and shall be personally served or shall be sufficiently given when served upon the other party as sent by United States Postal Service, postage prepaid and addressed as follows:

To City: To Employee:

City Manager Masami Higa
City of South El Monte [Employee Adress]
1415 Santa Anita Ave.

South El Monte, California 91733

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Notices shall be deemed given as of the date of personal service or upon the date of deposit in the course of transmission with the United States Postal Service.

9.4 Conflicts Prohibited. During the term of this Agreement, Employee shall not engage in any business or transaction or maintain a financial interest which conflicts, or reasonably might be expected to conflict, with the proper discharge of Employee’s duties under this Agreement. Employee shall comply with all requirements of law, including but not limited to, Sections 87100 et seq., Section 1090 and Section 1125 of the Government Code, and all other similar statutory and administrative rules.

9.5 Effect of Waiver. The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by the other party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power or waiver for all or any other times.

9.6 Agreement to Mediation. Before initiating litigation over any dispute about matters covered by this Agreement, the City and Employee agree that they will submit to voluntary mediation in accordance with procedures to be mutually agreed by them. Nothing herein shall be construed to relieve either party or be deemed to constitute a waiver by either part of their respective rights and obligations under Government Code section 810 et seq.

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

9.8 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, which are in full force and effect as of the date of execution and delivery by each party hereto.

9.9 AB 1344. Assembly Bill 1344, which was subsequently enacted as Government Code §§ 53243 - 53243.4, sought to provide greater transparency in local government and institute certain limitations on compensation paid to local government executives. These statutes also require that contracts between local agencies and its employees include provisions requiring an employee who is convicted of a crime involving an abuse of her/his office or position to provide reimbursement to the local agency for the following forms of payment: (i) paid leave salary; (ii) criminal defense costs; (iii) cash settlement payments; and (iv) any non-contractual settlement payments. Accordingly, the Parties agree that it is their mutual intent to fully comply with these Government Code sections and all other applicable law as it exists as of the date of execution of this Agreement and as such laws may be amended from time to time thereafter.

Specifically, the following Government Code sections are called out and hereby incorporated by this Agreement:
§53243. Reimbursement of paid leave salary required upon conviction of crime involving office or position.
§53243.1. Reimbursement of legal criminal defense upon conviction of crime involving office or position.

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§53243.2. Reimbursement of cash settlement upon conviction of crime involving office or position.
§53243.3. Reimbursement of noncontractual payments upon conviction or crime involving office or position.
§53243.4. "Abuse of office or position" defined.

Employee represents that Employee has reviewed, is familiar with, and agrees to comply fully with each of these provisions if any of these provisions are applicable to Employee, including that Employee agrees that any cash settlement or severance related to a termination that Employee may receive from the City shall be fully reimbursed to the local agency if Employee is convicted of a crime involving an abuse of Employee's office or position. The Government Code provisions referenced in this section are attached hereto in Exhibit “C”.

9.10 Independent Legal Advice. The City and Employee represent and warrant to each other that each has received legal advice from independent and separate legal counsel with respect to the legal effect of this Agreement, or has had the opportunity to do so, and the City and Employee further represent and warrant that each has carefully reviewed this entire Agreement and that each and every term thereof is understood and that the terms of this Agreement are contractual and not a mere recital. This Agreement shall not be construed against the party or its representatives who drafted it or who drafted any portion thereof.

IN WITNESS WHEREOF, the City of South El Monte has caused this Agreement to be signed and executed on its behalf by its Mayor, and duly attested by its officers thereunto duly authorized, and Employee has signed and executed this Agreement, all in triplicate.

CITY OF SOUTH EL MONTE
Gloria Olmos, Mayor
ATTEST:

Adrian Garcia, MMC, City Clerk
APPROVED AS TO FORM:

Susie Altamirano, City Attorney

EMPLOYEE
Masami Higa

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EXHIBIT “A”

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01257.0004/857797.6
15 EXHIBIT “A”
The Director of Finance, under the direction of the City Manager, serves as a member of the City's executive management team; plans, directs, organizes and oversees the activities and operations of the City of South El Monte’s Finance Department, including accounting, payroll, budget management, revenue collection, business licensing, purchasing, and information systems; directs and oversees operations, employees and functions of City’s Human Resources/Risk department; participates in the development of policies and procedures related to financial transactions, reporting requirement, accounting systems and budget development directives; reviews and addresses issues, questions and concerns related to fiscal and accounting management; provides highly responsible and complex administrative support to the City Council; performs other duties as assigned.

SUPERVISION RECEIVED AND EXERCISED
Supervision is provided by the City Manager. Supervision is exercised over professional, technical, and administrative support staff assigned to the Finance and Human Resources/Risk Departments.

ESSENTIAL DUTIES:

Duties may include, but are not limited to the following:
• Directs the fiscal management program of the City and the South El Monte Business Improvement District including budget preparation and monitoring, collection and disbursement of revenues, accounting, financial reporting and auditing, business licensing, grant administration, and investment of funds.
• Plans, directs, and coordinates City finance and data processing activities and services. • Ensures fiscal activities comply with established laws, codes, regulations, internal controls, standards, requirements, policies and procedures; recommends policies and implements procedures to conduct activities.
• Organizes, directs and oversees Human Resources and Risk Management staff, functions, operations and activities.
• Develops comprehensive plans to satisfy future needs for department services; supervises the collection of the business revenue.
• Directs the preparation and administration of the budget for the Finance Department; directs the development and preparation of the City's Annual Budget. • Reviews procurement and processes for purchase orders. • Oversees the posting and reconciliation of ledgers and accounts. • Directs the preparation of State and federal reports, including tax reports; oversees payroll and accounts payable processing.
• Oversees billings to Third Parties.
• Plans and develops accounting procedures for bookkeeping and processing of purchases, expenditures, salary warrants, receipts, and subventions. • Supervises the disbursement of all monies and ensures that budget appropriations are not exceeded; audits and approves various bills, invoices, and payrolls before payments.

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01257.0004/857797.6
16 • Reviews investments and cash flow; develops policies governing the investment of City funds and administers the investment program.
• Manages City bond issues.
• Serves as the Chief Financial Advisor to the City Manager. • Plans and organizes workflow; develops and establishes work methods and standards. • Supervises and evaluates the performance of assigned personnel; interviews and selects employees and recommend transfers, reassignment, termination, and disciplinary actions; assigns employee duties and review work to assure accuracy, completeness, and compliance with established standards, requirements and procedures; assures staff understanding of established requirements; conducts or directs staff training and development.
• Establishes and maintains internal control procedures and assures adherence to State and national standard accounting procedures.
• Prepares a complete financial statement and report for review by independent auditors. • Supervises the collection of taxes, fees, and other receipts in accordance with laws and regulations.
• Maintains financial records and prepares financial reports; oversees the central computerized financial and management information system of the City. • Develops financial studies and plans; forecasts, estimates, and monitors the financial condition of the City to assure the fiscal wellbeing of the City. • Serves as Chief Fiscal Officer to the Business Improvement District. • Communicates with administrators, personnel, and outside organizations to exchange information, coordinate activities and programs, and resolve issues or concerns. • Operates a variety of office equipment including a computer and assigned software. • Performs related duties as assigned.

JOB REQUIREMENTS
Knowledge:
• Municipal accounting and finance administration principles, practices, and systems. • Laws, regulations and reporting requirements pertaining to municipal finance, including GASB – 34.
• Principles and practices of public administration including budgeting practices. • Cash management and investment programs.
• Public purchasing regulations and inventory control.
• Data processing applications in a public agency.
• Principles and practices of administration, supervision and training. • Organizational functions, and key personnel.
• General office practices, procedures, and equipment.
• Telephone techniques and etiquette.
• Interpersonal skills using tact, patience, and courtesy.

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01257.0004/857797.6
17 • Handling and communicating of confidential and secure information. • Establish and maintain effective working relationships with city staff, public groups, and other agencies.
• Physical and electronic filing and record-keeping systems and techniques. • Basic Microsoft Office Word, Excel, and Outlook.

Competencies:
• Organizational Savvy – Understands the inner workings and interrelationships of the organization.
• Organizational Design and Structure – Prescribes roles and responsibilities, budgetary accountability, and organizational boundaries. Ensures functional checks and balances where needed.
• Fiscal Acumen – Forecasts and carefully monitors budget usage and makes needed adjustments to ensure that vital costs will be covered. • Process Improvement – Controlling and Improving processes and workflow. • Managing Change – Maintains a high level of communication about the reasons, benefits, opportunities, and difficulties of change.
• Strategic View – Maintaining the big picture and long-range objectives as a guide for decisions
• Leadership – Creates a positive work environment in which all are motivated to do their best.
• Developing Others – Shares knowledge and expertise willingly. • Group Facilitation – Summarizes key points, clarifies issues, and identifies action items. • Negotiating – Reaching mutually satisfying agreements and compromises and works from a strong knowledge base.
• Influencing – Convincingly explains the benefits of a course of action or advantages over alternatives, providing examples to illustrate points.
• Presentation Skill – Delivers clear, organized, and persuasive messages. • Legal and Regulatory Navigation – Knowing the paths and boundaries of the legal/regulatory environment.
• Mathematical Agility – Senses erroneous quantitative conclusions in reports, propositions, or arguments and provides the definitive correct solution. • Continuous Learning – Develops knowledge, skills, and abilities that are presently needed in their job.
• Professional & Technical Expertise – Applying technical subject matter to the job. • Using Technology – Working with electronic hardware and software applications. • Self-Management – Showing personal organization, self-discipline, and dependability. • Bilingual Communication – Speaking, reading, writing in a second language. • Customer Focus – Attending to the needs and expectation of customers. • Handling Conflict – Managing interpersonally strained situations. • Professional Impact – Presenting self as a positive representative of the organization. • Bilingual Facility – Uses a second language with ease and precision. • Cultural Proficiency – Modeling communications and interactions that respect and include all individuals and their languages, abilities, religions and cultures.

MINIMUM QUALIFICATIONS

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01257.0004/857797.6
18 Experience:

Five (5) years of increasingly responsible municipal accounting experience, including at least two (2) years of supervisory experience at the mid-management level.

Education:

Bachelor's Degree in public or business administration, accounting, or closely related field. A Master's Degree is preferred.

Additional Requirements/Information:

Certified Public Accountant License (CPA) is preferred and may be substituted for two years’ experience.

Licenses and Certifications:

Possession of or ability to obtain a valid Class C California State Driver's License and an acceptable driving record.

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 10 pounds.
• Vision abilities required to include close vision, distance vision, peripheral vision, depth perception, and the ability to adjust focus.

Working Conditions:
• Work is performed mostly indoors, in office settings. • Some outdoor work is required in the inspection of various City property and facilities.

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EXHIBIT “B”

AGREEMENT OF SEPARATION, SEVERANCE, AND GENERAL RELEASE

1. PARTIES
This Agreement of Separation, Severance, and General Release (hereinafter referred to as the “AGREEMENT”) is entered into by and between the City of South El Monte, a general law city and municipal corporation (hereinafter referred to as “THE CITY”), and Masami Higa, an individual (hereinafter referred to as “EMPLOYEE”).

2. RECITALS

2.1. EMPLOYEE was hired by THE CITY as an at-will Director of Finance effective September 03, 2025, serving at the pleasure of the City Manager of THE CITY pursuant to a written contract, a copy of which is attached hereto as Exhibit “A” (“THE CONTRACT”).

2.2. THE CITY and EMPLOYEE desire that EMPLOYEE resign and enter into a severance agreement whereby EMPLOYEE receives severance compensation in exchange for executing a general release and waiver of any and all claims that EMPLOYEE may have against THE CITY, including but not limited to its elected and non-elected officials, employees, attorneys, and agents. Accordingly, the parties hereto intend by this AGREEMENT to mutually conclude any and all employment relationships between THE CITY and EMPLOYEE by means of EMPLOYEE’s voluntary separation as of ______, ____. This AGREEMENT sets forth the full and complete terms and conditions concluding EMPLOYEE’s employment relationship with the CITY and any obligations related thereto, including any provided under THE CONTRACT.

2.3 In accordance with this AGREEMENT and with applicable state and federal laws, EMPLOYEE acknowledges that EMPLOYEE has been advised of EMPLOYEE’s postemployment rights, including but not limited to, EMPLOYEE’s rights under the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”), the Employee Retirement Income Security Act of 1974 (“ERISA”), and the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).

3. CONSIDERATION

3.1 EMPLOYEE shall receive payment at the time of her voluntary separation all earned salary, accrued fringe benefits as detailed in THE CONTRACT, and/or all other wage compensation/benefits owed to EMPLOYEE upon separation of employment, as required by law or THE CONTRACT or any other agreement with THE CITY.

3.2. In exchange for the waivers and releases set forth herein, THE CITY shall also cause to be paid to EMPLOYEE an additional compensatory payment by means of severance, settlement and release in the form of a lump sum amount of ______ as set forth in THE CONTRACT in the form of a check made payable to EMPLOYEE to be mailed to EMPLOYEE at EMPLOYEE’s home address via certified mail return receipt requested after the EFFECTIVE DATE (as defined below) of this AGREEMENT.

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3.3 In exchange for the severance payment provided for herein, EMPLOYEE, and on behalf of EMPLOYEE’s spouse, heirs, representatives, successors, and assigns, hereby releases, acquits, and forever discharges THE CITY, and each of its predecessors, successors, assigns, officials, employees, representatives, agents, insurers, attorneys, and all persons and entities acting by, though, under, or in concert with any of them, and each of them (hereinafter referred to as “THE CITY PARTIES”), from any and all claims, charges, complaints, contracts, understandings, liabilities, obligations, promises, benefits, agreements, controversies, costs, losses, debts, expenses, damages, actions, causes of action, suits, rights, and demands of any nature whatsoever, known or unknown, suspected or unsuspected, which EMPLOYEE now has or may acquire in the future, or which EMPLOYEE ever had, relating to or arising out of any act, omission, occurrence, condition, event, transaction, or thing which was done, omitted to be done, occurred or was in effect at any time from the beginning of time up to and including the date of this AGREEMENT (hereinafter referred to collectively as “CLAIMS”), without regard to whether such CLAIMS arise under the federal, state, or local constitutions, statutes, rules or regulations, or the common law. EMPLOYEE expressly acknowledges that the CLAIMS forever barred by this AGREEMENT specifically include, but are not limited to, claims based upon any alleged breach of THE CONTRACT or any other agreement of employment, any demand for wages, overtime or benefits, any claims of violation of the provisions of ERISA, COBRA or HIPAA, any alleged breach of any duty arising out of contract or tort, any alleged wrongful termination in violation of public policy, any alleged breach of any express or implied contract for continued employment, any alleged employment discrimination or unlawful discriminatory act, or any claim or cause of action including, but not limited to, any and all claims whether arising under any federal, state or local law prohibiting breach of employment contract, wrongful termination, or employment discrimination based upon age, race, color, sex, religion, handicap or disability, national origin or any other protected category or characteristic, and any and all rights or claims arising under the California Labor Code or Industrial Welfare Commission Wage Orders, the Federal Fair Labor Standards Act, the California Fair Employment and Housing Act, California Government Code §§12900 et seq., the Americans With Disabilities Act, Title VII of the Civil Rights Act of 1964, the Public Safety Officers Procedural Bill of Right Act, and any other federal, state, or local human rights, civil rights, or employment discrimination or employee rights statute, rule, or regulation to the extend allowed by applicable law.

4. SPECIFIC ACKNOWLEDGMENT OF WAIVER OF CLAIMS UNDER

ADEA AND OWBPA
The Age Discrimination in Employment Act of 1967 (hereinafter referred to as the “ADEA”) makes it illegal for an employer to discharge any individual or otherwise discriminate with respect to the nature and privileges of an individual’s employment on the basis that the individual is age forty (40) or older. The Older Workers Benefit Protection Act (hereinafter referred to as the “OWBPA,” 29 U.S.C. § 626 et seq., Pub L 101-433, 104 Stat. 978 (1990)) further augments the ADEA and prohibits the waiver of any right or claim under the ADEA, unless the waiver is knowing and voluntary. By entering into this AGREEMENT, EMPLOYEE acknowledges that he knowingly and voluntarily, for just compensation in addition to anything of value to which EMPLOYEE was already entitled, waives and releases any rights he may have under the ADEA and/or OWBPA. EMPLOYEE further acknowledges that he has been advised and understands, pursuant to the provisions of the ADEA and OWBPA, that:

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(a) This waiver/release is written in a manner understood by EMPLOYEE; (b) EMPLOYEE is aware of, and/or has been advised of, her/his rights under the ADEA and OWBPA, and of the legal significance of her/his waiver of any possible claims he currently may have under the ADEA, OWBPA and/or similar age discrimination laws; (c) EMPLOYEE is entitled to a reasonable time of at least twenty-one (21) days within which to review and consider this AGREEMENT and the waiver and release of any rights he may have under the ADEA, the OWBPA and similar age discrimination laws; but may, in the exercise of her own discretion, sign or reject this AGREEMENT at any time before the expiration of the twenty-one (21) days;
(d) The waivers and releases set forth in this AGREEMENT shall not apply to any rights or claims that may arise under the ADEA and/or OWBPA after the EFFECTIVE DATE of this AGREEMENT;
(e) EMPLOYEE has been advised by this writing that he should consult with an attorney prior to executing this AGREEMENT;
(f) EMPLOYEE has discussed this waiver and release with, and been advised with respect thereto by, her counsel of choice, and that he does not need any additional time within which to review and consider this AGREEMENT;
(g) EMPLOYEE has seven (7) days following her execution of this AGREEMENT to revoke the AGREEMENT;
(h) Notice of revocation within the seven (7) day revocation period must be provided, in writing, to THE CITY pursuant to Paragraph 8.9 herein, and must state, “I hereby revoke my acceptance of our Agreement of Severance and General Release;” and (i) This AGREEMENT shall not be effective until all parties have signed the AGREEMENT and ten (10) days have passed since EMPLOYEE’s execution (“EFFECTIVE DATE”).

5. UNKNOWN CLAIMS
In relation to the release provisions of Paragraphs 3 and 4 above, EMPLOYEE understands that California Civil Code section 1542 reads as follows:
“General Release--Claims Extinguished”
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

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EMPLOYEE hereby waives the protection of California Civil Code section 1542.

6. WAIVER OF ADDITIONAL CLAIMS
EMPLOYEE hereby waives any provisions of state or federal law that might require a more detailed specification of the claims being released pursuant to the provisions of Paragraphs 3, 4, and 5 above to the extent allowed under applicable law.

7. REPRESENTATIONS AND WARRANTIES
Each of the parties to this AGREEMENT represents and warrants to, and agrees with, each other party as follows:

7.1. Advice of Counsel: The parties hereto have received independent legal advice from their respective attorneys concerning the advisability of entering into and executing this AGREEMENT or have been given the opportunity to obtain such advice. The parties acknowledge that they have been represented by counsel of their own choice in the negotiation of this AGREEMENT, that they have read this AGREEMENT; that they have had this AGREEMENT fully explained to them by such counsel, or have had such opportunity to do so and that they are fully aware of the contents of this AGREEMENT and of its legal effect.

7.2. No Fraud in Inducement: No party (nor any officer, agent, employee, representative, or attorney of or for any party) has made any statement or representation or failed to make any statement or representation to any other party regarding any fact relied upon in entering into this AGREEMENT, and neither party relies upon any statement, representation, omission or promise of any other party in executing this AGREEMENT, or in making the settlement provided for herein, except as expressly stated in this AGREEMENT.

7.3. Independent Investigation: Each party to this AGREEMENT has made such
investigation of the facts pertaining to this settlement and this AGREEMENT and all the matters pertaining thereto, as it deems necessary.

7.4. Mistake Waived: In entering into this AGREEMENT, each party assumes the risk of any misrepresentation, concealment or mistake. If any party should subsequently discover that any fact relied upon by it in entering into this AGREEMENT was untrue, or that any fact was concealed from it, or that its understanding of the facts or of the law was incorrect, such party shall not be entitled to any relief in connection therewith, including without limitation on the generality of the foregoing any alleged right or claim to set aside or rescind this AGREEMENT.

This AGREEMENT is intended to be, and is, final and binding between the parties, regardless of any claims of misrepresentation, promise made without the intent to perform, concealment of fact, mistake of fact or law, or any other circumstance whatsoever.

7.5. Later Discovery: The parties are aware that they may hereafter discover claims or facts in addition to or different from those they now know or believe to be true with respect to the matters related herein. Nevertheless, it is the intention of the parties that

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EMPLOYEE fully, finally and forever settle and release all such matters, and all claims relative thereto, which do now exist, may exist or have previously existed against THE CITY or THE CITY PARTIES. In furtherance of such intention, the releases given here shall be, and remain, in effect as full and complete releases of all such matters, notwithstanding the discovery or existence of any additional or different claims or facts relative thereto.

7.6. Indemnification: EMPLOYEE agrees to indemnify and hold harmless THE CITY or THE CITY PARTIES from, and against, any and all claims, damages, or liabilities sustained by them as a direct result of the violation or breach of the covenants, warranties, and representations undertaken pursuant to the provisions of this AGREEMENT. EMPLOYEE understands and agrees that he shall be exclusively liable for the payment of all taxes for which he is responsible, if any, as a result of her/his receipt of the consideration referred to in Paragraph 3 of this AGREEMENT. In addition, EMPLOYEE agrees fully to indemnify and hold the CITY PARTIES harmless for payment of tax obligations as may be required by any federal, state or local taxing authority, at any time, as a result of the payment of the consideration set forth in Paragraph 3 of this AGREEMENT.

7.7. Future Cooperation & Consultation fees: EMPLOYEE shall execute all such further and additional documents as shall be reasonable, convenient, necessary or desirable to carry out the provisions of this AGREEMENT. EMPLOYEE shall provide THE CITY with consultation services (including deposition or trial testimony) in any litigation involving THE CITY which is reasonably related to acts or occurrences transpiring during her/his employment.

Said services shall be provided as needed by THE CITY at a rate of $100.00 per hour.

7.8. Return of Confidential Information and Property: Prior to the separation date, EMPLOYEE shall submit a written inventory of, and return to the Human Resources Division, all City keys, equipment, computer identification cards or codes, and other equipment or materials or confidential documents provided to or obtained by EMPLOYEE during the course of her/his employment with THE CITY.

7.9 No Pending Claims and/or Actions: EMPLOYEE represents that he has not filed any complaints or charges against THE CITY or THE CITY PARTIES with any local, state or federal agency or court; that he will not do so at any time hereafter for any claim arising up to and including the EFFECTIVE DATE of this AGREEMENT; and that if any such agency or court assumes jurisdiction of any such complaint or charge against THE CITY or THE CITY PARTIES on behalf of EMPLOYEE, whenever or where ever filed, he will request such agency or court to withdraw from the matter forthwith.

7.10. Ownership of Claims: EMPLOYEE represents and warrants as a material term of this AGREEMENT that EMPLOYEE has not heretofore assigned, transferred, released or granted, or purported to assign, transfer, release or grant, any of the CLAIMS disposed of by this AGREEMENT. In executing this AGREEMENT, EMPLOYEE further warrants and represents that none of the CLAIMS released by EMPLOYEE thereunder will in the future be assigned, conveyed, or transferred in any fashion to any other person and/or entity.

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7.11 Enforcement Fees and Costs: Should any legal action be required to enforce the terms of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees and costs in addition to any other relief to which that party may be entitled.

7.12 Authority: Each party represents to the other that it has the right to enter into this AGREEMENT, and that it is not violating the terms or conditions of any other AGREEMENT to which they are a party or by which they are bound by entering into this AGREEMENT. The parties represent that they will obtain all necessary approvals to execute this AGREEMENT. It is further represented and agreed that the individuals signing this AGREEMENT on behalf of the respective parties have actual authority to execute this AGREEMENT and, by doing so, bind the party on whose behalf this AGREEMENT has been signed.

8. MISCELLANEOUS

8.1. No Admission: Nothing contained herein shall be construed as an admission by THE CITY of any liability of any kind. THE CITY denies any liability in connection with any claim and intends hereby solely to avoid potential claims and/or litigation and buy its peace.

8.2. Governing Law: This AGREEMENT has been executed and delivered within the State of California, and the rights and obligations of the parties shall be construed and enforced in accordance with, and governed by, the laws of the State of California.

8.3. Full Integration: This AGREEMENT is the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions. This AGREEMENT may be amended only by a further agreement in writing, signed by the parties hereto.

8.4. Continuing Benefit: This AGREEMENT is binding upon and shall inure to the benefit of the parties hereto, their respective agents, spouses, employees, representatives, officials, attorneys, assigns, heirs, and successors in interest.

8.5. Joint Drafting: Each party agrees that it has cooperated in the drafting and preparation of this AGREEMENT. Hence, in any construction to be made of this AGREEMENT, the parties agree that same shall not be construed against any party.

8.6. Severability: In the event that any term, covenant, condition, provision or agreement contained in this AGREEMENT is held to be invalid or void by any court of competent jurisdiction, the invalidity of any such term, covenant, condition, provision or agreement shall in no way affect any other term, covenant, condition, provision or agreement and the remainder of this AGREEMENT shall still be in full force and effect.

8.7. Titles: The titles included in this AGREEMENT are for reference only and are not part of its terms, nor do they in any way modify the terms of this AGREEMENT.

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8.8. Counterparts: This AGREEMENT may be executed in counterparts, and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one AGREEMENT, which shall be binding upon and effective as to all parties.

8.9. Notice: Any and all notices given to any party under this AGREEMENT shall be given as provided in this paragraph. All notices given to either party shall be made by certified or registered United States mail, or personal delivery, at the noticing party’s discretion, and addressed to the parties as set forth below. Notices shall be deemed, for all purposes, to have been given on the date of personal service or three (3) consecutive calendar days following deposit of the same in the United States mail.

As to EMPLOYEE:

At EMPLOYEE’s home address on file with THE CITY.

As to THE CITY:

City Manager
City of South El Monte
1415 Santa Anita Ave.

South El Monte, California 91733
[intentionally left blank. signature page follows]

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IN WITNESS WHEREOF, THE CITY has caused this AGREEMENT to be signed and executed on its behalf by its Mayor and duly attested by its City Clerk, EMPLOYEE has signed and executed this Agreement, and the attorneys for THE CITY and EMPLOYEE, if any, have approved as to form as of the dates written below.

DATED: EMPLOYEE
By:

Masami Higa

THE CITY
DATED: By:

City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

Susie Altamirano, City Attorney

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EXHIBIT “C”
GOVERNMENT CODE SECTION 53243-53243.4
53243. On or after January 1, 2012, any contract executed or renewed between a local agency and an officer or employee of a local agency that provides paid leave salary offered by the local agency to the officer or employee pending an investigation shall require that any salary provided for that purpose be fully reimbursed if the officer or employee is convicted of a crime involving an abuse of his or her office or position.
53243.1. On or after January 1, 2012, any contract executed or renewed between a local agency and an officer or employee of a local agency that provides funds for the legal criminal defense of an officer or employee shall require that any funds provided for that purpose be fully reimbursed to the local agency if the officer or employee is convicted of a crime involving an abuse of his or her office or position.
53243.2. On or after January 1, 2012, any contract of employment between an employee and a local agency employer shall include a provision which provides that, regardless of the term of the contract, if the contract is terminated, any cash settlement related to the termination that an employee may receive from the local agency shall be fully reimbursed to the local agency if the employee is convicted of a crime involving an abuse of his or her office or position. 53243.3. On or after January 1, 2012, if a local agency provides, in the absence of a contractual obligation, for any of the payments described in this article, then the employee or officer receiving any payments provided for those purposes shall fully reimburse the local agency that provided those payments in the event that the employee or officer is convicted of a crime involving the abuse of his or her office or position.
53243.4. For purposes of this article, "abuse of office or position" means either of the following:
(a) An abuse of public authority, including, but not limited to, waste, fraud, and violation of the law under color of authority.
(b) A crime against public justice, including, but not limited to, a crime described in Title 5 (commencing with Section 67) or Title 7 (commencing with Section 92) of Part 1 of the Penal Code.

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1 ATTACHMENT E
RESOLUTION NO. 26-046

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL

APPROVING A REVISED CLASS SPECIFICATION AND

POSITION TITLE FOR CITY CLERK/DIRECTOR OF

GENERAL SERVICES AND APPROVING THE FIRST

AMENDED AND RESTATED CITY CLERK/DIRECTOR OF

GENERAL SERVICES EMPLOYMENT AGREEMENT
WHEREAS, on October 21, 2024, the City of South El Monte (“City”) entered into an employment agreement with Adrian Garcia (“Employee”) for service as City Clerk; and WHEREAS, the City has determined that additional executive and administrative oversight of the City’s General Services functions is necessary to support efficient municipal operations; and
WHEREAS, the City desires to revise and expand the existing City Clerk classification to include additional executive and administrative responsibilities related to the General Services operations of the City; and
WHEREAS, the City Manager recommends that a revised class specification and expanded position title to City Clerk/ Director of General Services be adopted to reflect the additional duties and responsibilities assigned to the position; and WHEREAS, pursuant to South El Monte Municipal Code section 2.64.040, appointment of City department heads “… shall be made by the city manager, subject to the consent of the city council[;]” and
WHEREAS, it is the desire of the City Manager to appoint Adrian Garcia to serve in expanded role of City Clerk/ Director of General Services beginning on June 16, 2026, and approve the presented job specification and employment agreement; and WHEREAS, Mr. Garcia possesses the education, experience, skills, and expertise to serve as the City Clerk/ Director of General Services of the City; and WHEREAS, Mr. Garcia desires to accept the expanded responsibilities and continue serving the City in the position of City Clerk/ Director of General Services; and WHEREAS, the City and Mr. Garcia desire to amend and restate the employment agreement approved on October 21, 2024, in order to reflect the revised classification, expanded duties and responsibilities, updated compensation and benefits, revised term, and other terms and conditions of employment associated with the position of City Clerk/ Director of General Services; and
WHEREAS, the proposed First Amendment and Restated Employment agreement attached hereto as Exhibit “B” amends, restates, supersedes, and replaces in its entirety the employment agreement approved on October 21, 2024.

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

SECTION 1. The aforementioned recitals are incorporated herein by reference as set forth in full herein.

SECTION 2. The South El Monte City Council hereby approves and adopts the class specification for the position of City Clerk/ Director of General Services, a copy of which is attached hereto as Exhibit “A” effective as of the date of the adoption of this resolution.

SECTION 3. The City Council hereby consents to the appointment of Adrian Garcia as City Clerk/Director of General Services pursuant to South El Monte Municipal Code section

2.64.030. The City Council authorizes the City Manager to execute the First Amended and Restated Employment Agreement of Adrian Garcia as City Clerk/Director of General Services in substantially the same form as the attached employment agreement that is approved through this resolution.

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 16th day of June 2026. ____________________________
Gloria Olmos, Mayor
ATTEST:
___________________________
Adrian Garcia, MMC, City Clerk

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3 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 certify that the foregoing Resolution, being Resolution No. 26-046, 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 16th day of June 2026, and that said Resolution was adopted by the following vote:

AYES: Councilmember(s):

NOES: Councilmember(s):

ABSENT: Councilmember(s):

ABSTAIN: Councilmember(s):

____________________________
Adrian Garcia, MMC, City Clerk

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CITY OF SOUTH EL MONTE

FIRST AMENDED AND RESTATED CITY CLERK/DIRECTOR OF GENERAL

SERVICES EMPLOYMENT AGREEMENT
This First Amended and Restated City Clerk/ Director of General Services EMPLOYMENT AGREEMENT (“Agreement”) is entered into the 16th day of June 2026, by and between the CITY OF SOUTH EL MONTE, a general law city and municipal corporation (“City”) and Adrian Garcia, an individual (“Employee”).

R E C I T A L S
WHEREAS, on October 21, 2024, Employee was appointed as City Clerk pursuant to an employment agreement between the City and Employee for a three (3) year term set to expire on October 20, 2027 (“Original Agreement”); and
WHEREAS, pursuant to South El Monte Municipal Code §2.64.030, appointment of City department heads “. . . shall be made by the city manager, subject to the consent of the city council[;]” and
WHEREAS, pursuant to South El Monte Municipal Code §2.64.030, City department heads hold employment “at and during the pleasure of the city manager [;]” and WHEREAS, since Employee’s appointment as City Clerk, the City Manager of the City of South El Monte (hereinafter “City Manager”) has determined that Employee will assume additional executive and administrative responsibilities related to the oversight and operation of the City’s General Services functions; and
WHEREAS, in recognition of the Employee’s expanded duties and responsibilities, the City Manager desires to expand Employee’s title from City Clerk to City Clerk/ Director of General Services effective June 16, 2026; and
WHEREAS, the City and Employee desire to amend and restate the Original Agreement in its entirety in order to reflect Employee’s expanded title, duties, responsibilities, compensation, benefits, and other terms and conditions of employment; and WHEREAS, the duties of the City Clerk/ Director of General Services are set forth in Exhibit “A” to this Agreement; and
WHEREAS, based on Employee’s executive and administrative qualifications, skills, and experience, the City Manager desires that Employee continue serving the City in the expanded role of City Clerk/ Director of General Services for the City; and WHEREAS, Employee desires to continue serving the City and to accept the expanded responsibilities associated with the position pursuant to the terms and conditions set forth herein; and

ATTACHMENT F

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WHEREAS, the parties desire that this Agreement amend, restate, and supersede the Original Agreement in its entirety as of the Effective Date.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree that the Original Agreement is hereby amended and restated in its entirety to read as follows:

AGREEMENT

1.0 EMPLOYMENT & DUTIES

1.1 Duties. City hereby employs Employee as City Clerk/ Director of General Services for the City to perform the functions and duties of the City Clerk/ Director of General Services position as described in Exhibit “A,” and to perform such other legally permissible and proper duties and functions as the City Manager shall, from time-to-time, direct or assign. The City reserves the right to adopt and/or amend the job description and functions and duties for the position of City Clerk/ Director of General Services, as it deems necessary and appropriate, without requiring Employee’s acquiescence or an amendment of this Agreement. Employee agrees to perform all such functions and duties to the best of Employee’s ability and in an efficient, competent, and ethical manner.

1.2 Work Schedule. It is recognized that Employee is expected to engage in the hours of work that are necessary to fulfill the obligations of the position, must be available at all times, and must devote a great deal of time outside the normal office hours to the business of the City. Employee acknowledges that proper performance of the duties of City Clerk/ Director of General Services will require Employee to generally observe normal business hours, as set by the City and may be duly revised from time-to-time (currently 7:00 a.m. to 5:30 p.m., Monday through Thursday), and will also often require the performance of necessary services outside of normal business hours. Notwithstanding the foregoing, the City will permit Employee such reasonable “time off” as is customary for exempt employees of the City, so long as the time off does not interfere with normal business. Employee’s compensation (whether salary or benefits or other allowances) is not based on hours worked, and Employee shall not be entitled to any compensation for overtime.

1.3 Other Activities. Employee shall focus his professional time, ability, and attention to City business during the term of this Agreement. Employee shall not engage, without the express prior written consent of the City Manager, in any other business duties or pursuits whatsoever, or directly or indirectly render any services of a business, commercial, or professional nature to any other person or organization, whether for compensation or otherwise, that is or may be competitive with the City, that might cause a conflict-of-interest with the City, or that otherwise might interfere with the business or operation of the City or the satisfactory performance of the functions and duties of City Clerk/ Director of General Services.

1.4 Employment Status. Upon appointment to the City Clerk/ Director of General Services position, Employee shall serve at the will and pleasure of the City Manager and understands that he shall be an “at-will” employee without recourse to bumping or other demotion rights and shall be subject to summary dismissal without any right of notice or hearing except as expressly provided in this Agreement, including any so-called due process pre-disciplinary “Skelly” hearing. The City may terminate Employee at any time in accordance with Section 3.4

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below.

1.5 City Documents. All data, studies, reports and other documents prepared by Employee while performing his duties during the term of this Agreement shall be furnished to and become the property of the City, without restriction or limitation on their use. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other materials either created by or provided to Employee in connection with the performance of this Agreement shall be held confidential by Employee to the extent permitted by applicable law, except as may be required by any governmental agency or court of competent jurisdiction. Such materials shall not be used by Employee, without the prior written consent of the City Manager, for any purposes other than the performance of his duties. Additionally, no such materials may be disclosed to any person or entity not connected with the performance of services under this Agreement, except as required by (a) law, (b) any governmental agency, (c) subpoena, or (d) an order issued by a court of competent jurisdiction.

1.6 Exclusion from Classified Service. Employee understands, acknowledges, and agrees that he is not included within the classified service of the City pursuant to South El Monte Municipal Code § 2.64.010(H)(7).

1.7 Exempt Status. Employee acknowledges and agrees that his position is that of an exempt employee for the purposes of the Fair Labor Standards Act and any other applicable state or federal law or regulation.

2.0 COMPENSATION

2.1 Compensation. For the services rendered pursuant to this Agreement, Employee’s base compensation shall be One Hundred Eighty-Four Thousand Nine Hundred ThirtyThree Dollars ($184,933) annually (“Salary”), which shall be paid on a pro-rated basis bi-weekly at the same time as other employees of the City are paid. Such Salary shall be adjusted for payroll taxes, workers’ compensation, and other payroll-related liability costs.

2.2 Annual Salary Review. The City Manager and Employee agree to conduct an annual salary review concurrently with any annual performance evaluation conducted pursuant to Section 5.2. Following the annual performance review, the City Manager may increase Employee’s salary within the Council-approved salary range for the position of City Clerk/ Director of General Services. The City Manager and/or the Employee reserve the right to defer or refuse any or all part of any base salary adjustment if either party determines that the fiscal state of the City warrants such action.

3.0 TERM

3.1 Commencement & Effective Date. Employee shall serve the City as City Clerk/ Director of General Services hereunder on June 16, 2026, which will also be deemed the effective date of this Agreement (“Effective Date”). The parties acknowledge that Employee’s employment with the City has been continuous and uninterrupted since his appointment as City Clerk on October 21, 2024, and this Agreement reflects Employee’s expanded title, duties, responsibilities, and compensation.

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3.2 Term. The term of this Agreement will be for five (5) years following the Effective Date (“Term”) (i.e. until on June 16, 2031) and, thereafter, the term of this Agreement may be extended for two additional one (1) year term(s) as Employee and City Manager mutually agree, as evidenced by a writing signed by both parties.

3.3 Termination by Employee. Employee may terminate this Agreement at any time, provided Employee provides the City Manager with at least thirty (30) days’ advance written notice. In the event Employee terminates this Agreement, Employee expressly agrees that he shall not be entitled to any severance pay.

3.4 Termination by City. The City Manager may terminate this Agreement at any time with or without cause, by providing written notice. The City Manager’s right to terminate Employee pursuant to this Section 3.4 shall not be subject to or in any way limited by the City’s Personnel Rules or past City practices related to the employment, discipline, or termination of the City’s employees. Employee expressly waives any rights provided for the City Clerk/ Director of General Services under the City’s Personnel Rules, Municipal Code, or under other state or federal law to any other form of pre- or post-termination hearing, appeal, or other administrative process pertaining to termination. Nothing herein, however, shall be construed to create a property interest, where one does not exist by rule of law, in the position of City Clerk/ Director of General Services.

Upon appointment to the City Clerk/ Director of General Services position, Employee shall be an at-will employee serving at the pleasure of the City Manager. (a) Termination by City for Cause. The City may terminate this Agreement for cause at any time by providing Employee with five (5) business days’ written notice of the termination for cause and the facts and grounds constituting such cause. The term “cause” shall be defined to include any misconduct materially related to performance of official duties, including but not be limited to any of the following: 1) Breach of this Agreement, 2) Willful or persistent material breach of duties, 3) Résumé fraud or other acts of material dishonesty, 4) Unauthorized absence or leave, 5) Conviction of a misdemeanor involving moral turpitude (i.e., offenses contrary to justice, honesty, or morality) or conviction of a felony under California law, 6) Violation of the City’s anti-harassment policies and/or a finding that legally prohibited personal acts of harassment against a City official or employee or legally prohibited personal acts of discrimination against a City official or employee has occurred, 7) Violation of the City’s Municipal Code, Ordinances, Rules, and Regulations, including but not limited to the City’s Personnel Rules, 8) Use or possession of illegal drugs, 9) Engaging in conduct tending to bring embarrassment or disrepute to the City, 10) Any illegal or unethical act involving personal gain, 11) A pattern of repeated, willful and intentional failure to carry out materially significant and legally constituted direction or policy decisions of the City Manager, 12) Gross misfeasance or gross malfeasance, and 13) “abuse of office or position” as defined in Government Code §53243.4 (i.e., waste, fraud, and violation of the law under color of authority and crimes against public justice, including crimes involving bribery and corruption). For any of the foregoing, the City may, in its discretion, place Employee on paid or unpaid administrative leave until resolution. If the City terminates for cause this Agreement and the services of Employee hereunder, the City shall have no obligation to pay severance.
(b) Termination by City Manager Without Cause. The City Manager may terminate Employee at any time without cause but rather based upon management reasons

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such as implementing the City’s goals or policies, including but not limited to: (i) change of administration, or (ii) incompatibility of management styles. In the event Employee is terminated without cause, Employee expressly agrees that he shall not be entitled to any severance pay as the result of the termination of this Agreement except as provided in Section 4.1 below.

4.0 SEVERANCE

4.1 Severance Pay. In the event Employee is terminated without cause within one (1) year of the Effective Date and does not challenge such termination, including but not limited to by means of civil or administrative claim, then City shall pay to Employee severance in an amount equal to his monthly base Salary (as defined in Section 2 above, calculated on a per diem basis) then in effect multiplied by one (1), less applicable deductions and excluding deferred compensation or the value of any other benefits. If Employee is terminated without cause at any time later than one (1) year after the Effective Date and does not challenge such termination, including but not limited to by means of appeal or civil or administrative claim, then City shall pay to Employee severance in an amount equal to the monthly base salary of Employee then in effect multiplied by nine (9) excluding the value of any benefits.

Notwithstanding the foregoing, Government Code Section 53260 provides that all contracts of employment with a city must include a provision limiting the maximum cash settlement for the termination of the contract to the monthly salary (excluding benefits) multiplied by the number of months left on the unexpired term, but not more than 18 months if the unexpired term exceeds 18 months. Accordingly, should such proposed severance payment exceed the amount authorized to be paid under Government Code Section 53260, then the amount paid to Employee shall be reduced in the amount necessary to comply with such statute. (For example, if termination occurs with two (2) months left in the term, severance would be equal to the monthly base salary multiplied by two (2) rather than the three (3) months provided in this Section.)

4.2 No Severance Pay if Termination for Cause or Initiated by Employee. As provided in Section 3.4(a), should Employee be terminated for cause, the City shall have no obligation to pay the severance provided for in Section 4.1 above. As provided in Section 3.3, should Employee initiate termination of this Agreement, the City shall have no obligation to pay the severance provided for in Section 4.1 above. Furthermore, in the event this Agreement expires by its own term as provided in Section 3.2 above, then the City shall have no obligation to pay the severance provided for in Section 4.1 above.

4.3 Sole Rights. The severance rights provided in this Section 4.0 shall constitute the sole and only entitlement of Employee with respect to severance pay in the event of the termination, other than for cause. Employee expressly waives any and all other rights with respect to severance pay except as provided herein. Any and all severance rights are conditioned upon and in consideration for execution of the standard “Agreement of Separation, Severance, and General Release” attached hereto in form only as Exhibit “B.”

5.0 PERFORMANCE EVALUATIONS

5.1 Purpose. The performance review and evaluation process set forth herein is

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intended to provide review and feedback to Employee so as to facilitate a more effective management of the City Clerk/General Services Department of the City. Nothing herein shall be deemed to alter or change the employment status of Employee (as set forth in Section 1.4 above), nor shall this Section 5.0 be construed as requiring “cause” to terminate this Agreement, or the services of Employee hereunder.

5.2 Annual Evaluation. The City Manager may, at his/her sole discretion, review and evaluate the performance of Employee annually within thirty (30) days after each anniversary of the Effective Date. In addition, Employee shall submit for the City Manager’s consideration, no later than December 1 of each year of the term of this Agreement, Employee’s proposed annual performance goals and objectives and incorporate the City Manager’s suggestions. Such review and evaluation, if any, will be conducted concurrently with an annual salary review, and in accordance with the purpose noted in Section 5.1 above.

5.3 Written Summary. The City Manager may, at his/her sole discretion, elect to provide a written summary of each performance evaluation to Employee within two (2) weeks following the conclusion of the review and evaluation process.

6.0 BENEFITS

6.1 Holiday. The City shall provide Employee with the following holidays with pay:

1. New Year 's Day

2. Martin Luther King Day

3. Presidents' Day

4. Cesar Chavez Day

5. Memorial Day

6. Independence Day

7. Labor Day

8. Columbus Day

9. Veterans' Day

10. Thanksgiving Day

11. Christmas Day

12. Employee's Birthday

13. Juneteenth Day
Cesar Chavez Day, Juneteenth Day, and Employee’s Birthday are not observed holidays. Employee shall earn one floating holiday for Cesar Chavez Day, Juneteenth Day, and Employee’s Birthday. Employee may use the floating holidays on any scheduled workday with prior City Manager approval. Employee shall not accrue more than three (3) floating holidays.

Upon Employee’s separation from City service for any reason, the City shall compensate Employee for any accrued floating holidays. The value of accrued floating holidays shall be calculated using Employee’s prevailing pay rate on the date of Employee’s separation from City service.

6.2 Administrative Leave. Employee will be granted 80 hours of administrative leave per fiscal year. Employee shall not accrue more than 80 hours of administrative leave.

Employee shall not use less than one (1) hour of administrative leave at any one time.

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Administrative leave must be used and deducted from accruals on an hour-by-hour basis for time missed from normal work hours which for purposes of this section are deemed to be normal City operating hours. Upon Employee’s separation from City service for any reason, the City shall compensate Employee for any accrued administrative leave. The value of accrued administrative leave shall be calculated using Employee’s prevailing pay rate on the date of Employee’s separation from City service.

6.3 Bereavement Leave. Employee shall be entitled to bereavement leave for a period not exceeding three (3) workdays for deaths within the Employee's immediate family.

Immediate family is defined as any relative by blood or marriage who is a member of the Employee's household (under the same roof), and the Employee's spouse, registered domestic partner, parents or stepparents; spouse's parents or stepparents; brothers, stepbrothers or halfbrothers; sisters, step-sisters or half- sisters; Employee's grandparents; spouse's grandparents; grandchildren; aunts and uncles, in-laws, regardless of the residence of the deceased. For purposes of compliance with Government Code section 12945.7, Employee shall be entitled to two additional days of bereavement leave (totaling five days), which will be unpaid unless Employee elects to use accrued vacation, sick, administrative, or floating holiday leave for pay on these days.

6.4 Time Off For Jury Duty. The City shall grant up to 22 business days off to Employee if he is required to serve on jury duty, with compensation at Employee's existing pay rate. The Employee shall remit to the City any money paid to his by the court for jury service.

6.5 Health Benefits. The City, only while it participates in the California Public Employees' Retirement System Medical and Hospital Care Plan (“PERS Plan”), shall make the following contributions towards the cost of medical insurance for Employee: the City will contribute directly to PERS an amount to be applied to the applicable PERS Plan monthly premium.

The City will contribute an amount equal to the actual monthly premium for the plan and applicable number of dependents (employee only, employee & 1 dependent or employee & 2 or more dependents), not to exceed the monthly premium rate established by Kaiser Permanente for its Family Health Plan. Employee will pay any premium amount above the maximum City contribution by payroll deduction. If Employee does not enroll in any medical insurance plan offered by the City, then in lieu of the City contribution to health benefits provided pursuant to this section 6.5 Employee shall instead receive a deferred compensation payment of $600 per month. To be eligible for the $600 deferred compensation payment, Employee must submit to the City written proof of duplicate medical insurance coverage. The City reserves the right to enhance, reduce, terminate, and amend or to otherwise change its health and other benefit programs at any time.

6.6 Vision and Dental Insurance. The City shall pay the monthly vision and dental insurance premiums for Employee and his eligible dependents.

6.7 Life Insurance, Accidental Death Insurance and Long-Term Disability Insurance: The City shall pay 100% of the cost of term life insurance equal to Employee's annual salary, accidental death and dismemberment insurance equal to Employee 's annual salary, and long-term disability insurance equal to two-thirds of Employee's monthly salary. The long-term disability insurance plan shall provide a 30-day benefit exclusion and benefit payments until the age of 70 years.

6.8 California Public Employees' Retirement System (“CalPERS”).

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Employee is a “Classic” local miscellaneous second tier member, and accordingly is covered by the 2% @ 60 CalPERS retirement formula. Employee will pay the mandatory CalPERS contribution rate for “Classic” second tier members as determined by CalPERS.

6.9 Retiree Health Benefits. Should Employee retire from the City as a CalPERS eligible retiree, the City will contribute an amount toward the CalPERS medical premium that is equal to the amount required under the City's resolution electing coverage under the Public Employees Medical and Hospital Care Act (“PEMHCA”), which is the minimum amount required by the PEMHCA. The City shall have no obligation to make such contribution in the event it no longer participates in the CalPERS medical and hospital care program. Provided that Employee has reached the minimum age of 50 years of age and retired from the City as a CalPERS eligible retiree, he shall continue to be eligible to participate in the City's group medical, dental and vision care plans until age 65, contingent upon the health provider's acceptance. The full cost of any insurance selected by the retiree shall be borne by the retiree. As long as the retiree is enrolled in an insurance plan his eligible dependents may also enroll in the insurance plans as provided above. The retiree and/or dependent shall pay any cost of dependent insurance benefits.

6.10 Purchase of Home Office Equipment. The City will advance up to a total of $3,000 to Employee for the purpose of acquiring a personal computer and appurtenant types of office equipment which the Employee will utilize at his home to facilitate work production outside normal business hours. More than one such advance may be made, but at no time may the combined total of all outstanding advances exceed $3,000. Funds will be advanced only after the need for the equipment is verified and approved by the City Manager and a reimbursement agreement, approved by the City Attorney, is executed.

6.11 Reimbursement for Damage To Employee Vehicles. The City agrees to reimburse Employee in an amount not to exceed $200 per fiscal year for damages due to or caused by vandalism to Employee's vehicle while on City property during Employee's working hours. In order to be eligible for reimbursement, Employee must submit an incident report and a Sheriff’s report to the City Manager and Risk Manager regarding the incident causing the damage to the vehicle.

6.12 Education Reimbursement. The City will reimburse Employee for the cost of all books and tuition incurred by Employee while attending an accredited educational institution for those courses directly related to the Employee's scope of employment or which are contained within an approved curriculum of study that is directly related to the Employee's scope of employment. Tuition shall be reimbursed at rates up to the tuition rates of the California State University system. The City will reimburse the Employee for all classes the Employee completes with a grade of "C" or better provided Employee: i) provides a list of classes to the City Manager prior to each quarter or semester; ii) provides to the City Manager verification of the cost for tuition and books; and iii) provides to the City Manager certification of completion upon completion of the course(s).

6.13 Vacation Leave.
(a) Employee may accrue up to a maximum of 320 hours of unused vacation leave. Upon reaching 320 hours, Employee shall earn no additional vacation accrual until his balance of accrued but unused vacation leave is reduced below 320 hours. Upon a written

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administrative determination by the City Manager that work demands prevent Employee from using vacation time on a timely basis, the City Manager may permit Employee to exceed the maximum accrual cap by a specified amount and for a specified time, not to exceed 40 hours of vacation time and not to exceed a duration of 6 months. The City Manager may also require a plan designed to bring Employee back into compliance with vacation accrual limitations. It is the responsibility of Employee to arrange for timely use or, to the extent available, cash conversion of vacation time well in advance of reaching the maximum accrual limit. (b) Employee shall not use less than one (1) hour of vacation leave at any one time. Vacation leave must be used and deducted from accruals on an hour-by-hour basis for time missed from normal work hours which for purposes of this section are deemed to be normal City operating hours.
(c) If Employee has accrued in excess of 250 hours, he may be paid for the excess vacation on a dollar-for-dollar basis twice per year at the end of the fiscal year or end of the calendar year subject to the following:

1. Employee must have taken minimum hours of vacation in the fiscal year so that at the end of the fiscal year the vacation accrual does not exceed 320 hours.

2. The payout must otherwise comply with any City rules and procedures pertaining to vacation leave cash out.

3. In the event vacation leave cash-out procedures are changed for other City employees, then Employee shall be subject to such updated vacation leave cash out procedures.
(d) Employee shall be credited with vacation leave at the following rates based upon the length of service:

1. Eight hours per month (accrued at the rate of four hours biweekly for 24 of the 26 pay periods annually) during the first five years of service;

2. Ten hours per month (accrued at the rate of five hours biweekly for 24 of the 26 pay periods annually) during the sixth through the tenth years of service;

3. Twelve hours per month (accrued at the rate of six hours biweekly for 24 of the 26 pay periods annually) during the 11th through 15th years of service; and

4. Thirteen hours per month (accrued at the rate of six and onehalf hours bi-weekly for 24 of the 26 pay periods annually) during the 16th and following years of service.

6.14 Sick Leave.
(a) Employee shall accrue sick leave at the rate of eight (8) hours of sick leave for each complete month of service.

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(b) Employee may accrue an unlimited number of sick leave hours.

Employee shall not use less than one (1) hour of sick leave at any one time. Sick leave must be used and deducted from accruals on an hour-by-hour basis for time missed from normal work hours which for purposes of this section are deemed to be normal City operating hours. (c) If Employee accrues in excess of 330 hours, Employee may opt to be paid for up to 80 hours on a dollar for-dollar basis one-time per fiscal year during the payroll that includes March 31st. In the event sick leave cash-out procedures are changed for other City employees, then Employee shall be subject to such updated sick leave cash out procedures. (d) Upon separation, Employee shall be eligible to receive monetary compensation for any unused sick leave based on the table below. Years of service shall be calculated based on the Employee's anniversary date.

Years of Service Value of Sick Leave
0-4 years 0%
5 - 10 years 10%
11 - 15 years 15%
16 years and above 20%

6.15 Deferred Compensation. City shall contribute $400.00 per month into a qualified 457 plan.

6.16 Cellular Phone. At no cost to Employee, City shall provide Employee with the use of a City-owned cellular phone. Employee shall reimburse City for all cell phone charges incurred for personal use not related to the performance of his job.

6.17 Automobile Allowance.
(a) City shall provide to Employee a monthly automobile allowance of $300. Such amount is intended to reimburse Employee for all costs associated with the use of Employee's automobile for City business, including but not limited to all applicable costs of automobile liability insurance, maintenance, operating expenses, depreciation, and interest. (b) Employee shall maintain all records required by applicable California and federal law concerning use of such automobile, including without limitation records to substantiate personal and City-related use of such automobile. (c) Employee shall maintain automobile liability insurance policy with $100,000/300,000/50,000 maximum coverage, combined single limit coverage against any injury, death, loss, or damage as a result of wrongful or negligent acts arising out of the operation of the automobile. Unless otherwise required by the City, Employee will maintain a policy with such coverage and limits throughout the term of this Agreement. If City requires Employee to secure and maintain an insurance policy with greater coverage than said coverage set forth in the

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insurance policy currently insuring Employee, and as a result of such requirement Employee's premium cost for such policy containing greater coverage is higher than the premium cost of his insurance policy, City shall pay the difference. Employee shall name City, and its Council members, officials, and employees as additional insured on his policy; and deliver to City copies of such insurance endorsements and certificate of insurance. Such insurance policy shall provide that the insurance coverage shall not be canceled, reduced, or otherwise modified by Employee or by Employee 's insurance carrier without at least 30 days prior written notice, served on City personally by said insurance company.

6.18 Changes in Compensation and Benefits. Employee acknowledges that the City Council may in the future adopt a resolution establishing compensation and benefits for the City’s executive employees, including Employee and department heads, which may reduce the level of compensation (exclusive of Employee’s base salary), or benefits provided. In the event the level of compensation or benefits provided to Employee changes (whether by increase or decrease), the Parties agree that such changes shall not be deemed material or a breach of this Agreement.

7.0 EXPENSE REIMBURSEMENT
The City recognizes that Employee may incur certain expenses of a non-personal and jobrelated nature in performance of the duties of the position of City Clerk/ Director of General Services. The City agrees to reimburse the actual cost of such expenses, which are authorized for reimbursement and incurred and submitted according to the City’s normal expense approval and reimbursement procedures. To be eligible for reimbursement, all expenses must be supported by an appropriate receipt therefore and submitted within time limits established by the City, in accordance with AB 1234 and any applicable City ordinances, resolutions, rules, policies or procedures.

8.0 BONDS AND INDEMNIFICATION

8.1 Indemnification. To the extent mandated by the California Government Code, the City with legal counsel of City’s choosing shall defend, hold harmless, and indemnify Employee against any tort, professional liability, claim or demand, or other legal action arising out of an alleged act or omission occurring in the performance of Employee’s services under this Agreement. This section shall not apply to any intentional tort or crime committed by Employee, to any action outside the course and scope of the services provided by Employee under this Agreement, or any other intentional or malicious conduct or gross negligence of Employee.

8.2 Bonds. City shall bear the full cost of any fidelity or other bonds, which may be required in the performance of Employee’s services under this Agreement.

9.0 GENERAL PROVISIONS

9.1 Entire Agreement. This Agreement represents the entire agreement between the parties and supersedes any and all other agreements, either oral or in writing, between the parties with respect to Employee’s employment by the City and contains all of the covenants and agreements between the parties with respect to such employment. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by either party, or anyone acting on behalf of either party, which are not embodied

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herein, and that no other agreement, statement or promises not contained in this Agreement shall be valid or binding upon either party. Effective as of the Effective Date, this Agreement amends, restates, supersedes, and replaces in its entirety that certain Employment Agreement dated October 21, 2024, between the City and Employee.

9.2 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing, which amendment shall require City Council approval, except where City Manager approval is expressly authorized herein.

9.3 Notices. Any notice required or permitted by this Agreement shall be in writing and shall be personally served or shall be sufficiently given when served upon the other party as sent by United States Postal Service, postage prepaid and addressed as follows:

To City: To Employee:

City Manager Adrian Garcia
City of South El Monte
1415 Santa Anita Ave.

South El Monte, California 91733
Notices shall be deemed given as of the date of personal service or upon the date of deposit in the course of transmission with the United States Postal Service.

9.4 Conflicts Prohibited. During the term of this Agreement, Employee shall not engage in any business or transaction or maintain a financial interest which conflicts, or reasonably might be expected to conflict, with the proper discharge of Employee’s duties under this Agreement. Employee shall comply with all requirements of law, including but not limited to, Sections 87100 et seq., Section 1090 and Section 1125 of the Government Code, and all other similar statutory and administrative rules.

9.5 Effect of Waiver. The failure of either party to insist on strict compliance with any of the terms, covenants, or conditions of this Agreement by the other party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power or waiver for all or any other times.

9.6 Agreement to Mediation. Before initiating litigation over any dispute about matters covered by this Agreement, the City and Employee agree that they will submit to voluntary mediation in accordance with procedures to be mutually agreed by them. Nothing herein shall be construed to relieve either party or be deemed to constitute a waiver by either part of their respective rights and obligations under Government Code section 810 et seq.

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

9.8 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, which are in full force and effect as of the date of execution and delivery by each party hereto.
[Employee Adress on file with
Human Resources Dept.]

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9.9 AB 1344. Assembly Bill 1344, which was subsequently enacted as Government Code §§ 53243 - 53243.4, sought to provide greater transparency in local government and institute certain limitations on compensation paid to local government executives. These statutes also require that contracts between local agencies and its employees include provisions requiring an employee who is convicted of a crime involving an abuse of her/his office or position to provide reimbursement to the local agency for the following forms of payment: (i) paid leave salary; (ii) criminal defense costs; (iii) cash settlement payments; and (iv) any non-contractual settlement payments. Accordingly, the Parties agree that it is their mutual intent to fully comply with these Government Code sections and all other applicable law as it exists as of the date of execution of this Agreement and as such laws may be amended from time to time thereafter.

Specifically, the following Government Code sections are called out and hereby incorporated by this Agreement:
§53243. Reimbursement of paid leave salary required upon conviction of crime involving office or position.
§53243.1. Reimbursement of legal criminal defense upon conviction of crime involving office or position.
§53243.2. Reimbursement of cash settlement upon conviction of crime involving office or position.
§53243.3. Reimbursement of noncontractual payments upon conviction or crime involving office or position.
§53243.4. "Abuse of office or position" defined.

Employee represents that Employee has reviewed, is familiar with, and agrees to comply fully with each of these provisions if any of these provisions are applicable to Employee, including that Employee agrees that any cash settlement or severance related to a termination that Employee may receive from the City shall be fully reimbursed to the local agency if Employee is convicted of a crime involving an abuse of Employee's office or position. The Government Code provisions referenced in this section are attached hereto in Exhibit “C”.

9.10 Independent Legal Advice. The City and Employee represent and warrant to each other that each has received legal advice from independent and separate legal counsel with respect to the legal effect of this Agreement, or has had the opportunity to do so, and the City and Employee further represent and warrant that each has carefully reviewed this entire Agreement and that each and every term thereof is understood and that the terms of this Agreement are contractual and not a mere recital. This Agreement shall not be construed against the party or its representatives who drafted it or who drafted any portion thereof.

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IN WITNESS WHEREOF, the City of South El Monte has caused this Agreement to be signed and executed on its behalf by its Mayor, and duly attested by its officers thereunto duly authorized, and Employee has signed and executed this Agreement, all in triplicate.

CITY OF SOUTH EL MONTE
Gloria Olmos, Mayor
ATTEST:

Sabrina Muhne, MMC, Deputy City Clerk
APPROVED AS TO FORM:

Susie Altamirano, City Attorney

EMPLOYEE
Adrian Garcia

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EXHIBIT “A”

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CITY OF SOUTH EL MONTE

CITY CLERK / DIRECTOR OF GENERAL SERVICES

DEFINITION
The City Clerk organizes and directs the preparation and maintenance of official documents and records of the City; coordinates procedures relating to municipal elections; maintains official City records; provides advice and consultation to management and City Council; and provides administrative support to the City Manager.

The Director of General Services plans, organizes, directs and administers the activities and operations of General Service functions: such as but not limited to Code Enforcement, Parking Enforcement and as well as oversees the IT Services Contract for the City. Under administrative direction from City Manager, also coordinates assigned activities with other City Departments and outside agencies, performing other related tasks and duties.

CLASS CHARACTERISTICS
The City Clerk / Director of General Services is a single-position management level classification.

SUPERVISION RECEIVED Works under the general supervision of the City Manager.

SUPERVISION EXERCISED Supervises a Deputy City Clerk and other clerical personnel in the City Clerk Department, as well as, all Code Enforcement, Parking Enforcement and IT staff.

ESSENTIAL DUTIES OF CITY CLERK
Essential duties include, but are not limited to, the following:

Maintains custody of official records and archives of the City including ordinances, resolutions, contracts, agreements, deeds, insurance documents, minutes, and City Seal; maintains City’s law library; certifies copies as required; maintains and updates the City’s Municipal Code; coordinates records retention and destruction; receives and processes public information requests.

Attends meetings of the City Council, Financing Authority, District Board, Presentations, and Sheriffs; records legislative actions including City ordinances, resolutions, and minutes; and prepares and distributes agendas, minutes, and other materials for these meetings.

Prepares and publishes official notices, ordinances, and other documents as required by law; attests to the proper execution of all public documents; and serves as signatory for transfer of City funds.

Serves as the City elections official; issue nomination papers, candidate statements, ballot measures, arguments, legal advertising, and voter registration; distributes and processes financial and campaign disclosure statements; ensures compliance with State conflict of interest and campaign reporting laws.

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Administers oaths and affirmations to City employees and officers.

Supervises contract bid openings and contract agreements; accepts and records claims, summons, and lawsuits for the City.

Prepares City Clerk and Elections budgets and monitors expenditures.

Supervises, trains, and evaluates assigned staff.

ESSENTIAL DUTIES OF DIRECTOR OF GENERAL SERVICES
Essential duties include, but are not limited to, the following Under administrative direction, plans, organizes, directs and administers the activities and operations of the Code Enforcement/Parking Enforcement Division, as well as oversees the IT Services Contract for the City. Coordinates any/all other general services activities with other City Departments and outside agencies; and performs other related duties as assigned.

Oversee IT services contract, licensing, and technology procurement Coordinate implementation and maintenance of City technology initiatives and digital services Coordinates day-to-day operations of the City's Code Enforcement and Parking Enforcement function including scheduling work, monitoring performance of assigned staff, and providing direction regarding complex cases; oversees administrative functions related to Code Enforcement and Parking Enforcement and coordinates with the City Attorney on necessary administrative actions.

Responds to complaints and questions related to City/department operations; provides information, researches problems, and initiates problem resolution.

Develops and enforces departmental policies, rules, regulations, procedures, and employee related functions.

Receives and investigates citizen complaints regarding employee conduct and departmental procedures.

Establishes the public relations functions of the department as they pertain to public awareness, citizen inquiries, inter-agency cooperation, and effectiveness.

Plans, organizes, and develops, in a cooperative manner, crime and fire prevention, investigation, inspection activities, and department services.

Works collaboratively with citizen and other public groups, agencies, other city departments, and organizations to bring about the coordinated and effective delivery of services.

Makes recommendations for process improvement.

Develops and implements safety related special events.

Performs other related duties as required.

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CITY CLERK / DIRECTOR OF GENERAL SERVICES 2

QUALIFICATIONS GUIDELINES
Knowledge, Skills, and Abilities
Knowledge of the principles of municipal administration and community relations; State laws pertaining to municipal meetings, elections, and government officers reporting requirements, and public records; report preparation; and methods and techniques of supervision.

Knowledge and experience of municipal Code Enforcement and/or Public Safety Administration, as well as experience managing IT Services in the public sector.

Ability to: perform complex administrative and analytical work requiring sensitivity to issues; interpret and apply related laws, ordinances, and polices; conduct research; prepare and present reports; provide liaison and information to other city personnel, elected officials, other agencies, and the public; work independently; establish and maintain cooperative working relationships; communicate effectively both orally and in writing; direct the work of others involved in related activity.

Education and/or Experience
Any combination of education and/or experience that has provided the knowledge, skills, and abilities necessary. Example combinations include:

Five years of progressively responsible experience in a City Clerk’s office. Completion of a four-year college curriculum in public administration or a related field is desirable.

Five years of progressively responsible management experience in Code Enforcement, Public Safety, IT or a related field is desirable, making recommendations for the solution of problems or organization, procedure, or program.

Required Licenses and Certificates
Certification of a Certified Municipal Clerk (CMC) or the ability to obtain the certification within a reasonable time is also desirable. Possession of or ability to obtain an appropriate California driver's license and a satisfactory driving record may be required.

PHYSICAL DEMANDS AND WORK ENVIRONMENT
The physical demands and work environment 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
Employees perform sedentary work. While performing the duties of this job, employees are required to sit, talk and hear. Employees are occasionally required to stand, walk, stoop, crouch and reach with hands and arms. Employees occasionally must lift and/or move up to 25 pounds. Specific vision abilities required by these positions are those required to perform office machine operations.

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Work Environment
Incumbents are not substantially exposed to adverse environmental conditions.

CITY CLERK / DIRECTOR OF GENERAL SERVICES
June 2026

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EXHIBIT “B”

AGREEMENT OF SEPARATION, SEVERANCE, AND GENERAL RELEASE

1. PARTIES
This Agreement of Separation, Severance, and General Release (hereinafter referred to as the “AGREEMENT”) is entered into by and between the City of South El Monte, a general law city and municipal corporation (hereinafter referred to as “THE CITY”), and Adrian Garcia, an individual (hereinafter referred to as “EMPLOYEE”).

2. RECITALS

2.1. EMPLOYEE was hired by THE CITY as an at-will City Clerk/ Director of General Services effective September 03, 2025, serving at the pleasure of the City Manager of THE CITY pursuant to a written contract, a copy of which is attached hereto as Exhibit “A” (“THE CONTRACT”).

2.2. THE CITY and EMPLOYEE desire that EMPLOYEE resign and enter into a severance agreement whereby EMPLOYEE receives severance compensation in exchange for executing a general release and waiver of any and all claims that EMPLOYEE may have against THE CITY, including but not limited to its elected and non-elected officials, employees, attorneys, and agents. Accordingly, the parties hereto intend by this AGREEMENT to mutually conclude any and all employment relationships between THE CITY and EMPLOYEE by means of EMPLOYEE’s voluntary separation as of ______, ____. This AGREEMENT sets forth the full and complete terms and conditions concluding EMPLOYEE’s employment relationship with the CITY and any obligations related thereto, including any provided under THE CONTRACT.

2.3 In accordance with this AGREEMENT and with applicable state and federal laws, EMPLOYEE acknowledges that EMPLOYEE has been advised of EMPLOYEE’s postemployment rights, including but not limited to, EMPLOYEE’s rights under the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”), the Employee Retirement Income Security Act of 1974 (“ERISA”), and the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).

3. CONSIDERATION

3.1 EMPLOYEE shall receive payment to him at the time of his voluntary separation all earned salary, accrued fringe benefits as detailed in THE CONTRACT, and/or all other wage compensation/benefits owed to EMPLOYEE upon separation of employment, as required by law or THE CONTRACT or any other agreement with THE CITY.

3.2. In exchange for the waivers and releases set forth herein, THE CITY shall also cause to be paid to EMPLOYEE an additional compensatory payment by means of severance, settlement and release in the form of a lump sum amount of ______as set forth in THE CONTRACT in the form of a check made payable to EMPLOYEE to be mailed to EMPLOYEE at EMPLOYEE’s home address via certified mail return receipt requested after the EFFECTIVE DATE (as defined below) of this AGREEMENT.

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3.3 In exchange for the severance payment provided for herein, EMPLOYEE, and on behalf of EMPLOYEE’s spouse, heirs, representatives, successors, and assigns, hereby releases, acquits, and forever discharges THE CITY, and each of its predecessors, successors, assigns, officials, employees, representatives, agents, insurers, attorneys, and all persons and entities acting by, though, under, or in concert with any of them, and each of them (hereinafter referred to as “THE CITY PARTIES”), from any and all claims, charges, complaints, contracts, understandings, liabilities, obligations, promises, benefits, agreements, controversies, costs, losses, debts, expenses, damages, actions, causes of action, suits, rights, and demands of any nature whatsoever, known or unknown, suspected or unsuspected, which EMPLOYEE now has or may acquire in the future, or which EMPLOYEE ever had, relating to or arising out of any act, omission, occurrence, condition, event, transaction, or thing which was done, omitted to be done, occurred or was in effect at any time from the beginning of time up to and including the date of this AGREEMENT (hereinafter referred to collectively as “CLAIMS”), without regard to whether such CLAIMS arise under the federal, state, or local constitutions, statutes, rules or regulations, or the common law. EMPLOYEE expressly acknowledges that the CLAIMS forever barred by this AGREEMENT specifically include, but are not limited to, claims based upon any alleged breach of THE CONTRACT or any other agreement of employment, any demand for wages, overtime or benefits, any claims of violation of the provisions of ERISA, COBRA or HIPAA, any alleged breach of any duty arising out of contract or tort, any alleged wrongful termination in violation of public policy, any alleged breach of any express or implied contract for continued employment, any alleged employment discrimination or unlawful discriminatory act, or any claim or cause of action including, but not limited to, any and all claims whether arising under any federal, state or local law prohibiting breach of employment contract, wrongful termination, or employment discrimination based upon age, race, color, sex, religion, handicap or disability, national origin or any other protected category or characteristic, and any and all rights or claims arising under the California Labor Code or Industrial Welfare Commission Wage Orders, the Federal Fair Labor Standards Act, the California Fair Employment and Housing Act, California Government Code §§12900 et seq., the Americans With Disabilities Act, Title VII of the Civil Rights Act of 1964, the Public Safety Officers Procedural Bill of Right Act, and any other federal, state, or local human rights, civil rights, or employment discrimination or employee rights statute, rule, or regulation to the extend allowed by applicable law.

4. SPECIFIC ACKNOWLEDGMENT OF WAIVER OF CLAIMS UNDER

ADEA AND OWBPA
The Age Discrimination in Employment Act of 1967 (hereinafter referred to as the “ADEA”) makes it illegal for an employer to discharge any individual or otherwise discriminate with respect to the nature and privileges of an individual’s employment on the basis that the individual is age forty (40) or older. The Older Workers Benefit Protection Act (hereinafter referred to as the “OWBPA,” 29 U.S.C. § 626 et seq., Pub L 101-433, 104 Stat. 978 (1990)) further augments the ADEA and prohibits the waiver of any right or claim under the ADEA, unless the waiver is knowing and voluntary. By entering into this AGREEMENT, EMPLOYEE acknowledges that he knowingly and voluntarily, for just compensation in addition to anything of value to which EMPLOYEE was already entitled, waives and releases any rights he may have under the ADEA and/or OWBPA. EMPLOYEE further acknowledges that he has been advised and understands, pursuant to the provisions of the ADEA and OWBPA, that:

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(a) This waiver/release is written in a manner understood by EMPLOYEE; (b) EMPLOYEE is aware of, and/or has been advised of, her/his rights under the ADEA and OWBPA, and of the legal significance of her/his waiver of any possible claims he currently may have under the ADEA, OWBPA and/or similar age discrimination laws; (c) EMPLOYEE is entitled to a reasonable time of at least twenty-one (21) days within which to review and consider this AGREEMENT and the waiver and release of any rights he may have under the ADEA, the OWBPA and similar age discrimination laws; but may, in the exercise of his own discretion, sign or reject this AGREEMENT at any time before the expiration of the twenty-one (21) days;
(d) The waivers and releases set forth in this AGREEMENT shall not apply to any rights or claims that may arise under the ADEA and/or OWBPA after the EFFECTIVE DATE of this AGREEMENT;
(e) EMPLOYEE has been advised by this writing that he should consult with an attorney prior to executing this AGREEMENT;
(f) EMPLOYEE has discussed this waiver and release with, and been advised with respect thereto by, his counsel of choice, and that he does not need any additional time within which to review and consider this AGREEMENT;
(g) EMPLOYEE has seven (7) days following his execution of this AGREEMENT to revoke the AGREEMENT;
(h) Notice of revocation within the seven (7) day revocation period must be provided, in writing, to THE CITY pursuant to Paragraph 8.9 herein, and must state, “I hereby revoke my acceptance of our Agreement of Severance and General Release;” and (i) This AGREEMENT shall not be effective until all parties have signed the AGREEMENT and ten (10) days have passed since EMPLOYEE’s execution (“EFFECTIVE DATE”).

5. UNKNOWN CLAIMS
In relation to the release provisions of Paragraphs 3 and 4 above, EMPLOYEE understands that California Civil Code section 1542 reads as follows:
“General Release--Claims Extinguished”
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

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EMPLOYEE hereby waives the protection of California Civil Code section 1542.

6. WAIVER OF ADDITIONAL CLAIMS
EMPLOYEE hereby waives any provisions of state or federal law that might require a more detailed specification of the claims being released pursuant to the provisions of Paragraphs 3, 4, and 5 above to the extend allowed under applicable law.

7. REPRESENTATIONS AND WARRANTIES
Each of the parties to this AGREEMENT represents and warrants to, and agrees with, each other party as follows:

7.1. Advice of Counsel: The parties hereto have received independent legal advice from their respective attorneys concerning the advisability of entering into and executing this AGREEMENT or have been given the opportunity to obtain such advice. The parties acknowledge that they have been represented by counsel of their own choice in the negotiation of this AGREEMENT, that they have read this AGREEMENT; that they have had this AGREEMENT fully explained to them by such counsel, or have had such opportunity to do so and that they are fully aware of the contents of this AGREEMENT and of its legal effect.

7.2. No Fraud in Inducement: No party (nor any officer, agent, employee, representative, or attorney of or for any party) has made any statement or representation or failed to make any statement or representation to any other party regarding any fact relied upon in entering into this AGREEMENT, and neither party relies upon any statement, representation, omission or promise of any other party in executing this AGREEMENT, or in making the settlement provided for herein, except as expressly stated in this AGREEMENT.

7.3. Independent Investigation: Each party to this AGREEMENT has made such
investigation of the facts pertaining to this settlement and this AGREEMENT and all the matters pertaining thereto, as it deems necessary.

7.4. Mistake Waived: In entering into this AGREEMENT, each party assumes the risk of any misrepresentation, concealment or mistake. If any party should subsequently discover that any fact relied upon by it in entering into this AGREEMENT was untrue, or that any fact was concealed from it, or that its understanding of the facts or of the law was incorrect, such party shall not be entitled to any relief in connection therewith, including without limitation on the generality of the foregoing any alleged right or claim to set aside or rescind this AGREEMENT.

This AGREEMENT is intended to be, and is, final and binding between the parties, regardless of any claims of misrepresentation, promise made without the intent to perform, concealment of fact, mistake of fact or law, or any other circumstance whatsoever.

7.5. Later Discovery: The parties are aware that they may hereafter discover claims or facts in addition to or different from those they now know or believe to be true with respect to the matters related herein. Nevertheless, it is the intention of the parties that

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EMPLOYEE fully, finally and forever settle and release all such matters, and all claims relative thereto, which do now exist, may exist or have previously existed against THE CITY or THE CITY PARTIES. In furtherance of such intention, the releases given here shall be, and remain, in effect as full and complete releases of all such matters, notwithstanding the discovery or existence of any additional or different claims or facts relative thereto.

7.6. Indemnification: EMPLOYEE agrees to indemnify and hold harmless THE CITY or THE CITY PARTIES from, and against, any and all claims, damages, or liabilities sustained by them as a direct result of the violation or breach of the covenants, warranties, and representations undertaken pursuant to the provisions of this AGREEMENT. EMPLOYEE understands and agrees that he shall be exclusively liable for the payment of all taxes for which he is responsible, if any, as a result of her/his receipt of the consideration referred to in Paragraph 3 of this AGREEMENT. In addition, EMPLOYEE agrees fully to indemnify and hold the CITY PARTIES harmless for payment of tax obligations as may be required by any federal, state or local taxing authority, at any time, as a result of the payment of the consideration set forth in Paragraph 3 of this AGREEMENT.

7.7. Future Cooperation & Consultation fees: EMPLOYEE shall execute all such further and additional documents as shall be reasonable, convenient, necessary or desirable to carry out the provisions of this AGREEMENT. EMPLOYEE shall provide THE CITY with consultation services (including deposition or trial testimony) in any litigation involving THE CITY which is reasonably related to acts or occurrences transpiring during her/his employment.

Said services shall be provided as needed by THE CITY at a rate of $100.00 per hour.

7.8. Return of Confidential Information and Property: Prior to the separation date, EMPLOYEE shall submit a written inventory of, and return to the Human Resources Division, all City keys, equipment, computer identification cards or codes, and other equipment or materials or confidential documents provided to or obtained by EMPLOYEE during the course of her/his employment with THE CITY.

7.9 No Pending Claims and/or Actions: EMPLOYEE represents that he has not filed any complaints or charges against THE CITY or THE CITY PARTIES with any local, state or federal agency or court; that he will not do so at any time hereafter for any claim arising up to and including the EFFECTIVE DATE of this AGREEMENT; and that if any such agency or court assumes jurisdiction of any such complaint or charge against THE CITY or THE CITY PARTIES on behalf of EMPLOYEE, whenever or where ever filed, he will request such agency or court to withdraw from the matter forthwith.

7.10. Ownership of Claims: EMPLOYEE represents and warrants as a material term of this AGREEMENT that EMPLOYEE has not heretofore assigned, transferred, released or granted, or purported to assign, transfer, release or grant, any of the CLAIMS disposed of by this AGREEMENT. In executing this AGREEMENT, EMPLOYEE further warrants and represents that none of the CLAIMS released by EMPLOYEE thereunder will in the future be assigned, conveyed, or transferred in any fashion to any other person and/or entity.

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7.11 Enforcement Fees and Costs: Should any legal action be required to enforce the terms of this AGREEMENT, the prevailing party shall be entitled to reasonable attorneys’ fees and costs in addition to any other relief to which that party may be entitled.

7.12 Authority: Each party represents to the other that it has the right to enter into this AGREEMENT, and that it is not violating the terms or conditions of any other AGREEMENT to which they are a party or by which they are bound by entering into this AGREEMENT. The parties represent that they will obtain all necessary approvals to execute this AGREEMENT. It is further represented and agreed that the individuals signing this AGREEMENT on behalf of the respective parties have actual authority to execute this AGREEMENT and, by doing so, bind the party on whose behalf this AGREEMENT has been signed.

8. MISCELLANEOUS

8.1. No Admission: Nothing contained herein shall be construed as an admission by THE CITY of any liability of any kind. THE CITY denies any liability in connection with any claim and intends hereby solely to avoid potential claims and/or litigation and buy its peace.

8.2. Governing Law: This AGREEMENT has been executed and delivered within the State of California, and the rights and obligations of the parties shall be construed and enforced in accordance with, and governed by, the laws of the State of California.

8.3. Full Integration: This AGREEMENT is the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and discussions. This AGREEMENT may be amended only by a further agreement in writing, signed by the parties hereto.

8.4. Continuing Benefit: This AGREEMENT is binding upon and shall inure to the benefit of the parties hereto, their respective agents, spouses, employees, representatives, officials, attorneys, assigns, heirs, and successors in interest.

8.5. Joint Drafting: Each party agrees that it has cooperated in the drafting and preparation of this AGREEMENT. Hence, in any construction to be made of this AGREEMENT, the parties agree that same shall not be construed against any party.

8.6. Severability: In the event that any term, covenant, condition, provision or agreement contained in this AGREEMENT is held to be invalid or void by any court of competent jurisdiction, the invalidity of any such term, covenant, condition, provision or agreement shall in no way affect any other term, covenant, condition, provision or agreement and the remainder of this AGREEMENT shall still be in full force and effect.

8.7. Titles: The titles included in this AGREEMENT are for reference only and are not part of its terms, nor do they in any way modify the terms of this AGREEMENT.

8.8. Counterparts: This AGREEMENT may be executed in counterparts, and

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when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterparts, shall constitute one AGREEMENT, which shall be binding upon and effective as to all parties.

8.9. Notice: Any and all notices given to any party under this AGREEMENT shall be given as provided in this paragraph. All notices given to either party shall be made by certified or registered United States mail, or personal delivery, at the noticing party’s discretion, and addressed to the parties as set forth below. Notices shall be deemed, for all purposes, to have been given on the date of personal service or three (3) consecutive calendar days following deposit of the same in the United States mail.

As to EMPLOYEE:

At EMPLOYEE’s home address on file with THE CITY.

As to THE CITY:

City Manager
City of South El Monte
1415 Santa Anita Ave.

South El Monte, California 91733

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IN WITNESS WHEREOF, THE CITY has caused this AGREEMENT to be signed and executed on its behalf by its Mayor and duly attested by its City Clerk, EMPLOYEE has signed and executed this Agreement, and the attorneys for THE CITY and EMPLOYEE, if any, have approved as to form as of the dates written below.

DATED: EMPLOYEE
By:

Adrian Garcia

THE CITY
DATED: By:

City Manager
ATTEST:

City Clerk
APPROVED AS TO FORM:

Susie Altamirano, City Attorney

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EXHIBIT “C”
GOVERNMENT CODE SECTION 53243-53243.4
53243. On or after January 1, 2012, any contract executed or renewed between a local agency and an officer or employee of a local agency that provides paid leave salary offered by the local agency to the officer or employee pending an investigation shall require that any salary provided for that purpose be fully reimbursed if the officer or employee is convicted of a crime involving an abuse of his or her office or position.
53243.1. On or after January 1, 2012, any contract executed or renewed between a local agency and an officer or employee of a local agency that provides funds for the legal criminal defense of an officer or employee shall require that any funds provided for that purpose be fully reimbursed to the local agency if the officer or employee is convicted of a crime involving an abuse of his or her office or position.
53243.2. On or after January 1, 2012, any contract of employment between an employee and a local agency employer shall include a provision which provides that, regardless of the term of the contract, if the contract is terminated, any cash settlement related to the termination that an employee may receive from the local agency shall be fully reimbursed to the local agency if the employee is convicted of a crime involving an abuse of his or her office or position. 53243.3. On or after January 1, 2012, if a local agency provides, in the absence of a contractual obligation, for any of the payments described in this article, then the employee or officer receiving any payments provided for those purposes shall fully reimburse the local agency that provided those payments in the event that the employee or officer is convicted of a crime involving the abuse of his or her office or position.
53243.4. For purposes of this article, "abuse of office or position" means either of the following:
(a) An abuse of public authority, including, but not limited to, waste, fraud, and violation of the law under color of authority.
(b) A crime against public justice, including, but not limited to, a crime described in Title 5 (commencing with Section 67) or Title 7 (commencing with Section 92) of Part 1 of the Penal Code.

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City Council Agenda Report
Agenda Item No. 10.d.

DATE: June 16, 2026
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Masami Higa, Director of Finance
SUBJECT: FISCAL YEAR (FY) 2026-2027 ANNUAL BUDGET ADOPTION SUMMARY: The City held its FY26-27 Annual Budget Study Session on June 2, 2026. City Council and staff discussed the City's proposed budget and the 5-year financial forecast, with the General Fund deficit of $728,476 expected to grow over the next 5 years, mainly due to the significant decrease in the City's estimated sales tax revenues while expenditures expected to rise. City Council directed staff to continue this item until June 16, 2026, and the City Manager informed City Council that additional costcutting measures would be proposed to adopt a balanced budget on June 16, 2026.

RECOMMENDED ACTION: Staff recommends City Council adopt Resolution No. 26- 047, adopting an annual budget for FY26-27, which is now balanced with a General Fund surplus of $82,932. However, because the General Fund's 5-year financial forecast shows a deficit over future years, staff will continue to monitor and update City Council and seek direction.

FISCAL/FINANCIAL IMPACT: Should City Council adopt the recommended annual budget for Y26-27, the fiscal impact on the General Fund is expected to be a surplus of $82,932 which will be added to reserves.

DISCUSSION: The City held its FY26-27 Annual Budget Study Session on June 2, 2026. City Council and staff discussed the City's proposed budget and the 5-year financial forecast, with the General Fund deficit of $728,476 expected to grow over the next 5 years, mainly due to the significant decrease in the City's estimated sales tax revenues while expenditures expected to rise. City Council directed staff to continue this item until June 16, 2026, and the City Manager informed City Council that additional costcutting measures would be proposed to adopt a balanced budget on June 16, 2026.

The City's management revisited the drawing board to eliminate the $728,476 General Fund deficit for FY26-27 as follows:

1. Reduce fee waivers by $50,000.

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2. Eliminate two Full-Time Maintenance Worker II positions, reducing labor cost by $291,372.

3. Eliminate Muni Temp Staff in Human Resources, reducing contractor costs by $100,000.

4. Reduce Regular Part-Time Recreation Leaders from 39 to 35, reducing labor costs by $87,093.

5. Reduction in Community Services events and programs non-labor costs of $75,000.

6. Reduce Seasonal Part-Time Recreation Leaders from 41 to 35, reducing labor costs by $51,439.

7. Postpone Carasoft scanning services within the IT budget to FY27-28 of $46,307.

8. Eliminate two Part-Time Maintenance Aid positions, reducing labor cost by $45,207.

9. Postpone CPS scanning services within the IT budget to FY27-28 of $40,000.

10. Postpone Accella software upgrade within the IT budget to FY27-28 of $35,000.

11. Reduction in City Council's Conference/Seminars cost of $27,000.

12. Eliminate ClearGov software within the IT budget of $17,922.

13. For the two Full-Time Coordinator and two Full-Time Maintenance Worker II positions eliminated, provide medical insurance coverage for two fiscal years at an annual cost estimated at $40,781 for the two Full-Time Coordinator positions and $64,150 for the two Full-Time Maintenance Worker II positions.

In total, General Fund's revenues were adjusted $50,000 and expenditures were adjusted $761,409 to achieve a balanced budget with a surplus of $82,932 for FY26-

27. However, because the General Fund's 5-year financial forecast shows a deficit over future years, staff will continue to monitor and update City Council and seek direction.

ATTACHMENT(S):

A. FY2026-2027 Annual Budget Adoption_06102026
B. Resolution No. 26-047 Adopting FY2026-27 Budget
C. Exhibit A - Recommended Budget Adustments Worksheet_06102026

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FY2026-2027
Annual Budget Adoption

CITY OF SOUTH EL MONTE
June 16, 2026

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5-Year Forecast Presented at the June 2, 2026,
Annual Budget Study Session
Additional Revenue Increases and Cost Cutting
Measures Proposed
Revised 5-Year Forecast
Additional Information
2 OVERVIEW

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FY 25-26 FY 25-26 FY 26-27 FY 27-28 FY 28-29 FY 29-30 FY 30-31 Budget Forecast Proposed Forecast Forecast Forecast Forecast General Fund
Revenues 26,453,304 26,771,610 27,844,694 27,451,032 27,957,892 28,553,415 28,995,046 Expenditures 26,352,434 25,957,764 28,573,171 30,461,014 30,923,968 32,378,272 33,893,533 Net Surplus (Deficit) 100,870 813,845 (728,476) (3,009,982) (2,966,076) (3,824,856) (4,898,488) Beginning Fund Balance 18,046,617 18,046,617 17,674,180 16,945,704 13,935,722 10,969,646 7,144,789 Net Surplus (Deficit) 100,870 813,845 (728,476) (3,009,982) (2,966,076) (3,824,856) (4,898,488) Reserves Applied * (1,186,282)
Ending Fund Balance 18,147,487 17,674,180 16,945,704 13,935,722 10,969,646 7,144,789 2,246,302 % of Expenditures 68.9% 68.1% 59.3% 45.8% 35.5% 22.1% 6.6% * Reserves Applied is for $510,000 Water Main Extension and $676,282 Pylon Sign. 3 5-YEAR FORECAST PRESENTED AT THE
JUNE 2, 2026, ANNUAL BUDGET STUDY SESSION

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4 ADDITIONAL REVENUE INCREASES AND

COST CUTTING MEASURES PROPOSED

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FY 25-26 FY 25-26 FY 26-27 FY 27-28 FY 28-29 FY 29-30 FY 30-31 Budget Forecast Proposed Forecast Forecast Forecast Forecast General Fund
Revenues 26,453,304 26,771,610 27,894,694 27,501,032 28,007,892 28,603,415 29,045,046 Expenditures 26,352,434 25,957,764 27,811,762 29,910,214 30,102,569 31,515,803 32,987,941 Net Surplus (Deficit) 100,870 813,845 82,932 (2,409,182) (2,094,677) (2,912,388) (3,942,895) Beginning Fund Balance 18,046,617 18,046,617 17,674,180 17,757,113 15,347,931 13,253,254 10,340,866 Net Surplus (Deficit) 100,870 813,845 82,932 (2,409,182) (2,094,677) (2,912,388) (3,942,895) Reserves Applied * (1,186,282)
Ending Fund Balance 18,147,487 17,674,180 17,757,113 15,347,931 13,253,254 10,340,866 6,397,971 % of Expenditures 68.9% 68.1% 63.8% 51.3% 44.0% 32.8% 19.4% * Reserves Applied is for $510,000 Water Main Extension and $676,282 Pylon Sign. 5 REVISED 5-YEAR FORECAST

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6 ADDITIONAL INFORMATION
Cost reduction in Community Services achieved as follows:
§ City Events
§ National Day of Prayer $3,000
§ Baby Pageant $5,000
§ Harvard Academy $5,000
§ St. Patrick’s Day $4,000
§ Night Markets $48,000 (Remove one event in April, one event in June, one event in July, and one event in August)
§ Recreation Programs
§ Baby Lab $6,000
§ Adult Volleyball $4,000
§ Labor
§ 4 Regular Part-Time Recreation Leaders $87,093
§ 6 Seasonal Part-Time Recreation Leaders $51,439

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7 ADDITIONAL INFORMATION (CONTINUED)

UTILITY USERS TAX
• An UUT Ordinance usually exempts low-income (senior or disabled) households from payment of this tax.
• It is estimated that a 10% UUT will generate $4 million per year for the City of South El Monte.

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8 ADDITIONAL INFORMATION (CONTINUED)

SPECIAL WAREHOUSE PARCEL TAX
 Below slide was presented on June 11, 2025.
 Estimates were added to the right.

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9 Questions

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RESOLUTION NO. 26-047

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL ADOPTING THE FISCAL YEAR (FY) 2026-27 ANNUAL BUDGET
WHEREAS, the City of South El Monte (the “City”) finds it desirous to adopt an overall City Budget consisting of the General Fund and Special Revenue Funds for the 2026-27 fiscal year; and
WHEREAS, the City held an overall budget review sessions open to the public on June 2, 2026, and June 16, 2026; and
WHEREAS, the City has made changes to the City Manager’s Recommended FY2026- 27 budget.

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

Section 1. The above recitals, and each of them, are true and correct.

Section 2. The City Manager’s Recommended FY 2026-27 General Fund Budget and Special Revenue Funds Budget as set forth in Exhibit “A” and is hereby approved as the City of South El Monte FY 2026-27 Budget.

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

PASSED, APPROVED AND ADOPTED this 16th day of June 2026.

_____________________________
Gloria Olmos, Mayor
ATTEST:
_________________________________
Adrian Garcia, MMC, City Clerk

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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. 26-047 was duly passed and approved by the City Council of the City of South El Monte at an adjourned regular meeting of said Council held on the 16th day of June 2026, and that said Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Adrian Garcia, MMC, City Clerk

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Exhibit A
City of South El Monte
Fiscal 2026-2027 Budget
Recommended Budget Adjustments Worksheet
General Fund Revenues
Proposed Budget Discussed at the 6/2/2026 Annual Budget Study Session $ 27,844,694 Adjustments
Reduce fee waivers 50,000
Adjusted General Fund Revenues 27,894,694
General Fund Expenditures
Proposed Budget Discussed at the 6/2/226 Annual Budget Study Session (28,573,171) Adjustments
Eliminate two Full-Time Maintenance Worker II positions 291,372 Eliminate Muni Temp Staff in Human Resources 100,000
Reduce Regular Part-Time Recreation Leaders form 39 to 35 87,093 Reduction in Community Services Events & Programs Non-Labor costs 75,000 Reduce Seasonal Part-Time Recreation Leaders from 41 to 35 51,439 Reduce donations to community requests 50,000
Postpone Carasoft scanning services within IT budget to FY 2027-2028 46,307 Eliminate two Part-Time Maintenance Aid positions 45,207 Postpone CPS scanning services within IT budget to FY 2027-2028 40,000 Postpone Accela upgrades within IT budget to FY 2027-2028 35,000 Reduce City Council's Conferences/Seminars budget 27,000 Eliminate ClearGov software within IT budget 17,922
Provide medical insurance to two eliminated Coordinator positions (40,781) Provide medical insurance to two eliminated Maintenance Worker II positions (64,150) Total adjustments 761,409
Adjusted General Fund Expenditures (27,811,762)
General Fund Net Surplus $ 82,932
Special Revenue Funds Revenues
Proposed Budget Discussed at the 6/2/26 Annual Budget Study Session $ 16,284,434 Special Revenue Funds Expenditures
Proposed Budget Discussed at the 6/2/26 Annual Budget Study Session (21,359,806) Special Revenue Funds Net Deficit $ (5,075,372) *
* Deficit due to timing differences of when resources are received and spent.

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City Council Agenda Report
Agenda Item No. 10.e.

DATE: June 16, 2026
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Masami Higa, Director of Finance
SUBJECT: CONSIDERATION AND APPROVAL OF RESOLUTION NO.
26-048, ADOPTING THE CITY'S FISCAL YEAR (FY) 2026-27

GANN APPROPRIATION LIMIT
SUMMARY: A Resolution to approve the FY 2026-27 for the City of South El Monte pursuant to Article XIIIB of the State of California Constitution.

RECOMMENDED ACTION: Staff recommends that the City Council adopt Resolution No. 26-048 establishing the City’s Appropriation (Gann) Limit at $204,620,656 for FY 2026-27.

FISCAL/FINANCIAL IMPACT: No fiscal impact. This is a statutory calculation to adopt the City’s annual General Fund spending limit.

DISCUSSION: In November 1979, the California voters approved Proposition 4, which created Article XIIIB of the State Constitution that imposed restrictions on the amount of revenue that may be appropriated in any fiscal year. This annual calculation is referred to as the “Appropriation Limit”, or more commonly as the “Gann Limit”, named after Paul Gann, who sponsored Proposition 4 and was also the co-author of Proposition 13.

Because the language in Article XIIIB was extremely vague and did not allow for the substantial economic changes that occurred in the State during the late 1980’s, California voters approved Proposition 111 eliminating much of the ambiguity and it provided new adjustment factors that made the appropriation limit more responsive to the local growth issues.

Staff has prepared the FY 2026-27 Gann Limit calculation using the appropriation limit adjustment factors and has summarized them. The City’s spending limit is substantially less than the statutory limit. The adoption of this spending limit is an administrative requirement that is required by State law.

ATTACHMENT(S):

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A. Resolution No. 26-048 - FY2026-27 Appropriation Limit B. Exhibit A to Resolution

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RESOLUTION NO. 26-048

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL
ESTABLISHING THE FISCAL YEAR 2026-27

APPROPRIATIONS LIMIT FOR THE CITY PURSUANT TO

ARTICLE XIIIB OF THE CALIFORNIA CONSTITUTION
WHEREAS, the voters of the State of California in November 1979 added Article XIIIB (Proposition 4) to the State Constitution placing various limitations on the appropriations of the State and local governments; and
WHEREAS, the voters of the State of California in June 1990 modified Article XIIIB by approving Proposition 111, which revised the annual adjustment factors to be applied to the 1986- 87 limit and each year thereafter; and
WHEREAS, the City of South El Monte has complied with all provisions of Article XIIIB in determining the Appropriation Limit for the 2026-27 fiscal year.

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

SECTION 1. The Appropriation Limit for the 2026-27 Fiscal Year shall be $204,620,656 for the City as determined by Exhibit A attached hereto.

SECTION 2. The Fiscal Year 2026-27 appropriation limit was calculated using the increase in the County of Los Angeles population as the population factor and the increase in the California per capita personal income as the price factor.

SECTION 3. The population factor and the price factor used are as reported by the State Department of Finance.

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

PASSED, APPROVED AND ADOPTED this 16th day of June 2026.

________________________________
Gloria Olmos, Mayor
ATTEST:
_____________________________
Adrian Garcia, MMC, City Clerk

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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. 26-048, was duly passed and approved by the South El Monte City Council at a Regular meeting of said Council held on the 16th day of June 2026, and that said Resolution was adopted by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________________
Adrian Garcia, MMC, City Clerk

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Exhibit A to Resolution
CITY of SOUTH EL MONTE
Article XIIIB Appropriations Limit
Fiscal Year 2026-2027
Appropriations Limit
A. Fiscal Year 2025-2026 Limit 195,006,820
B. Adjustment Factors:

1. Population % 0.99980

2. Inflation % 1.04950
Total Adjustment % 1.04930
C. Annual Adjustment $ 9,613,836
D. Fiscal Year 2026-2027 Limit 204,620,656

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Percentage Change in Population % Change Factor
City of South El Monte -0.02% 0.99980
County of Los Angeles -0.64% 0.99360
Population Factor Selected:

City of South El Monte 0.99980
Percent Change in Price % Change Factor
California Per Capita Personal Income 4.95% 1.04950
Non-Residential Assessed Valuation 2.47% 1.02470
Price Factor Selected:

California Per Capita Personal Income 1.04950
CITY of SOUTH EL MONTE
Article XIIIB Appropriations Limit
Fiscal Year 2026-2027
Appropriation Limit Adjustment Factors

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May 1, 2026
Dear Fiscal Officer:

Price Factor and Population Information
Appropriations Limit
California Revenue and Taxation Code section 2227 requires the Department of Finance to transmit an estimate of the percentage change in population to local governments.

Each local jurisdiction must use their percentage change in population factor for January 1, 2026, in conjunction with a change in the cost of living, or price factor, to calculate their appropriations limit for fiscal year 2026–27. Attachment A provides the change in California’s per capita personal income and an example for utilizing the factors to calculate the 2026–27 appropriations limit. Attachment B provides the city and unincorporated county population percentage change. Attachment C provides the population percentage change for counties and their summed incorporated areas. The population percentage change data excludes federal and state institutionalized populations and military populations.

Population Percent Change for Special Districts
Some special districts must establish an annual appropriations limit. California Revenue and Taxation Code section 2228 provides additional information regarding the appropriations limit. Article XIII B, section 9(C) of the California Constitution exempts certain special districts from the appropriations limit calculation mandate. Special districts required by law to calculate their appropriations limit must present the calculation as part of their annual audit. Any questions special districts have on this requirement should be directed to their county, district legal counsel, or the law itself. No state agency reviews the local appropriations limits.

Population Certification
The population certification program applies only to cities and counties. California Revenue and Taxation Code section 11005.6 mandates Finance to automatically certify any population estimate that exceeds the current certified population with the State Controller’s Office. Finance will certify the higher estimate to the State Controller by June 1, 2026. Please note: The prior year’s city population estimates may be revised.

The per capita personal income change is based on historical data.

If you have any questions regarding this data, please contact the Demographic Research Unit at (916) 323-4086.
/s Erika Li
Attachment

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May 2026
Attachment A
A. Price Factor: Article XIII B specifies that local jurisdictions select their cost of living factor to compute their appropriation limit by a vote of their governing body. The cost of living factor provided here is per capita personal income. If the percentage change in per capita personal income is selected, the percentage change to be used in setting the fiscal year 2026–27 appropriation limit is:

Per Capita Personal Income
Fiscal Year Percentage change
(FY) over prior year
2026-27 4.95
B. Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 2026–27 appropriation limit.
2026–27:

Per Capita Cost of Living Change = 4.95 percent
Population Change = -0.14 percent
Per Capita Cost of Living converted to a ratio: 4.95 + 100 = 1.0495 100
Population converted to a ratio: -0.14 + 100 = 0.9986
100
Calculation of factor for FY 2026–27: 1.0495 x 0.9986 = 1.0480

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About the Data
FISCAL YEAR 2026-27
Attachment B
Annual Percent Change in Population Minus Exclusions*
January 1, 2025 to January 1, 2026, and Total Population January 1, 2026 City County Percent Change 25-26 Population Minus Exclusions 1-1-25 Population Minus Exclusions 1-1-26 Total Population 1-1-26 South El Monte Los Angeles -0.02 19,493 19,489 19,489
*Exclusions include residents on federal military installations and group quarters residents in state mental institutions, state and federal correctional institutions and veteran homes.

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About the Data
FISCAL YEAR 2026-27
Attachment C
Annual Percent Change in Population Minus Exclusions*
January 1, 2025 to January 1, 2026, and Total Population January 1, 2026 City County Percent Change 25-26 Population Minus Exclusions 1-1-25 Population Minus Exclusions 1-1-26 Total Population 1-1-26 County Total Los Angeles -0.64 9,889,470 9,825,852 9,837,286 *Exclusions include residents on federal military installations and group quarters residents in state mental institutions, state and federal correctional institutions and veteran homes.

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                                                                                 
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      

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City Council Agenda Report
Agenda Item No. 12.a.

DATE: June 16, 2026
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Rene Salas, City Manager
SUBJECT: LETTER FROM FAITH DOMINION CHURCH REQUESTING A

FACILITY FEE WAIVER AND CONSIDERATION TO WAIVE

ALL THE FEES ASSOCIATED WITH THE RESERVATION FOR

THE USE OF THE SOUTH EL MONTE COMMUNITY CENTER

AMPHITHEATER
SUMMARY: The Faith Dominion Church is requesting a facility reservation fee waiver for the use of the South El Monte Community Center Amphitheater to host Sunday Services for members of the community from June 14, 2026 to September 6, 2026. In addition, they are requesting to waive all the fees associated with the reservation.

RECOMMENDED ACTION: Staff recommends City Council:

1. Discuss and consider the facility reservation fee waiver for the use of the South El Monte Community Center Amphitheater in the amount of $1,925.00; and

2. Discuss the request to waive the staff time and damage deposit in the amount of $1,116.00.

FISCAL/FINANCIAL IMPACT: If approved in accordance with the Facility Reservation Regulations and Fee Schedule, the City will be waiving the facility reservation fee from the in the amount of $1,925.00 and Faith Dominion Church will be responsible for all remaining costs, including but not limited to staff time and the refundable damage deposit.

Additionally, if the City Council waives the staff time and refundable damage deposits, the City will be waiving an extra $1,116.00. This amount may vary based on the updates or further changes to the reservation. Any increase in the requested waived amount will require City Council approval.

Please see the chart below summarizing the fees associated with the reservation.

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Fee
Description
Units Total
Community
Amphitheater
$50/hour x 38.5
Hours
$1,925.00
Staff Time $16/hour x 38.5
Hours
$616.00
Damage
Deposit
$500.00
(Refundable)
$500.00
Insurance
Coverage
Agency will
Provide
$0.00
Total: $3,041.00
DISCUSSION: The Faith Dominion Church is requesting a facility waiver and consideration to waive all the reservation fees for the use of the Community Center Amphitheater every Sunday beginning June 14, 2026, to September 6, 2026, from 9:00 a.m. to 12:30 p.m.

ATTACHMENT(S):

A. Fee Waiver Request Letter
B. Faith Dominion Reservation Application

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City Council Agenda Report
Agenda Item No. 12.b.

DATE: June 16, 2026
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY: Dianna Gomez, Sr. Executive Assistant to City Council/Community Liaison
SUBJECT: CORRESPONDENCE FROM THE MOUNTAIN VIEW SCHOOL

DISTRICT, IN SUPPORT OF THE TASTE OF RIO EVENT
JUNE 18, 2026, FUNDS FROM THE TASTE OF RIO SUPPORT

EDUCATIONAL PROGRAMS FOR LOCAL STUDENTS
SUMMARY: A Taste of Río will take place Thursday, June 18, 2026, on the beautiful Río Hondo College Campus beginning at 6:00 pm. This popular and festive event, produced by the Río Hondo College Foundation, brings together more than 500 guests for an evening of delicious foods, fine wine and craft beer, delightful entertainment, and a silent auction. Musical entertainment adds to the festive atmosphere. The evening raises funds to support scholarships, programs and equipment that promote student success at Rio Hondo College.

RECOMMENDED ACTION: Staff recommends that the City Council select from the following options attached in the Rio Hondo flyer.

FISCAL/FINANCIAL IMPACT: Tickets are purchased from the City Council meeting expense budget. Last year the city purchased five VIP tickets totaling $625.00.

DISCUSSION: This is an opportunity to support a program that is making a meaningful difference in the lives of students in the Mountain View School District. The Rio Hondo College Foundation’s annual Taste of Rio event raises funds that directly benefit educational programs and opportunities for local students, including many of our own.

Through our partnership with Rio Hondo College, Mountain View School District eighthgrade students can earn their first college credits through extended learning experiences and college-focused programming. These opportunities help students build confidence, develop a college-going mindset, and increase their likelihood of pursuing higher education and future career pathways.

The Mountain View School District encourages you to consider attending the Taste of Rio event or making a donation to support the Rio Hondo College Foundation. Your

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investment helps expand access to transformative educational experiences that can have a lasting impact on our students and community.

ATTACHMENT(S):

A. A Taste of Río 2026 - Campaign

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A TASTE OF RÍO
Thursday, June 18, 2026 • 6:00 pm
Río Hondo College Lower Quad, 3600 Workman Mill Road, Whittier, CA SHARE 0  SIGN IN

GET TICKETS

DONATE NOW

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About the Event
A Taste of Río will take place Thursday, June 18, 2026 on the beautiful Río Hondo College Campus beginning at 6:00 pm.

This popular and festive event, produced by the Río Hondo College Foundation, brings together more than 500 guests for an evening of delicious foods, fine wine and craft beer, delightful entertainment, and silent auction. Musical entertainment adds to the festive atmosphere.

The evening raises funds to support scholarships, programs and equipment that promote student success at Río Hondo College.

Must be 21 years of age or older to attend event.
**CLICK HERE TO PURCHASE RAFFLE TICKETS**
Tickets/Sponsorships
Tickets will not be sold at the event.

General Admission $75.00
Admission includes, beer, wine, restaurant tastings, live music, and access to raffles.

VIP Admission $125.00
VIP Admission includes wine, beer and restaurant tasting, music, and access to raffle. In addition, all VIP guests receive complimentary cocktail tastings, and access to premium wine tastings.

Signature Sponsor $25,000.00
– Recognition as Signature Sponsor
– Special logo recognition
– Two-page center acknowledgment in program
– Prominent signage at event, and on website
& social media
– Twenty (20) admission tickets (includes Preview admission) Platinum Sponsor $15,000.00
– Recognition as Signature Sponsor
– Special logo recognition
– Half-page acknowledgment in program
– Prominent signage at event, and on website
& social media
– Ten (10) admission tickets (includes Preview admission) Diamond Sponsor $10,000.00
– Recognition as Signature Sponsor
– Special logo recognition
– Quarter-page acknowledgment in program
– Signage at event, and on website & social media
– Eight (8) admission tickets (includes Preview admission) Gold Sponsor $5,000.00
– Quarter-page acknowledgment in program
– Signage at event, and on website & social media

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– Four (4) admission tickets (includes Preview admission Silver Sponsor $2,500.00
– Acknowledgment in program
– Logo at event, website & social media
– Three (3) admission tickets (includes Preview admission) Emerald Sponsor $1,500.00
– Acknowledgment in program
– Logo at event, website & social media
– Two (2) admission tickets (includes Preview admission) Bronze Sponsor $500.00
– Acknowledgment in program
– Listed on website & social media
– One (1) admission tickets (includes Preview admission) Get Tickets
Copyright ©2026 • All rights reserved • Privacy Notice • Terms of Use • Cookie Statement • DMCA Policy Have an account? Sign in • Rio Hondo College Foundation
3600 Workman Mill Rd
Whittier, CA 90601 US
5624636654
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Donor Support
[email protected]

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City Council Agenda Report
Agenda Item No. 13.a.

DATE: June 16, 2026
TO: Honorable Mayor and Members of the City Council
APPROVED BY: Rene Salas, City Manager
SUBMITTED BY:

SUBJECT: MAYOR GLORIA OLMOS
Request that staff provide more context and definitions to the Minutes.

SUMMARY:

RECOMMENDED ACTION:

FISCAL/FINANCIAL IMPACT:

DISCUSSION:

ATTACHMENT(S):

None

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← All documents from this meeting