CITY OF SOUTH EL MONTE

REGULAR MEETINGS OF THE SOUTH EL MONTE CITY COUNCIL AND THESUCCESSOR AGENCY TO THE SOUTH EL MONTE IMPROVEMENT DISTRICT

AGENDA

JUNE 25, 2019, 6:00 PM

COUNCIL CHAMBERS1415 N. SANTA ANITA AVENUESOUTH EL MONTE, CA 91733

GLORIA OLMOS, MAYOR/CHAIRPERSONMANUEL ACOSTA, MAYOR PRO TEM/VICE CHAIRPERSON

RICHARD ANGEL, COUNCILMEMBER/COMMISSIONER HECTOR DELGADO, COUNCILMEMBER/COMMISSIONER GRACIE RETAMOZA, COUNCILWOMAN/ COMMISSIONER

MICHAEL ESTRADA, CITY ATTORNEY/GENERAL COUNSELRACHEL BARBOSA, INTERIM CITY MANAGER/INTERIM EXECUTIVE DIRECTOR

ROSE JUAREZ, CITY CLERK/SECRETARY

In accordance with the Americans with Disabilities Act of 1990, ifyou require a disability-related modification or accommodation toattend or participate in this meeting, including auxiliary aids orservices, please call the City Clerk’s office at (626) 579-6540 at least48 hours prior to the meeting. Any public writings distributed by theCity of South El Monte to a least a majority of the City Councilregarding any item on this regular meeting agenda will be madeavailable at the Receptionist Counter at City Hall located at aboveaddress during normal business hours.

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1. ROLL CALL Councilmembers: Acosta, Angel, Delgado, Retamoza, (Mayor) Olmos

2. PLEDGE OF ALLEGIANCE Councilmember Hector Delgado

3. INVOCATION Mr. Alex Miramontes, Epiphany Catholic Church

4. PRESENTATIONS

4.a. PATTY CORTEZ, UPPER SAN GABRIEL VALLEY MUNICIPAL WATERDISTRICT DIRECTOR OF GOVERNMENT AND COMMUNITYAFFAIRS, TO PRESENT STATE OF THE DISTRICT AND LOCALWATER SUPPLY UPDATE

State of the District

5. APPROVAL OF THE AGENDA AND WAIVER OF FULL READING OFORDINANCES

By motion of the City Council, this is the time to notify the public of any changes to theagenda, remove items from the consent calendar for individual consideration and/orrearrange the order of the agenda.

6. PUBLIC COMMENT

Speakers may provide public comments on any matter that is within the subjectmatter jurisdiction of the City Council, including items on the agenda. Each speakermay speak for up to five minutes. With respect to non-public hearing agenda items,speakers shall provide their comments at this time. With respect to public hearingagenda items, speakers are encouraged to speak during the public hearing if theywant their comments to be included in the record of the public hearing. Unless amajority of the Council objects, the Mayor may provide to speakers more or less timeto speak. Any documents for review should be presented to the City Clerk fordistribution.

7. CONSENT CALENDAR

Items on the consent calendar are considered to be routine and customary and areenacted by a single motion with the exception of items previously removed by amember of the City Council during "Approval of the Agenda" for individualconsideration. Any items removed shall be individually considered immediately aftertaking action on the consent calendar.

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7.a. MINUTES

Staff seeks City Council approval of the Minutes of the Special Meeting ofJune 5, 2019, and Minutes of the Adjourned Regular and Regular Meetingsof June 11, 2019.

RECOMMENDED ACTION: Staff recommends that the City Councilapprove the above referenced minutes.Minutes

7.b. WARRANTS

Authorizing payment of City expenditures for the period of June 12, 2019through June 25, 2019 totaling $686,495.94.

RECOMMENDED ACTION: Staff recommends that the City Counciladopt Resolution No. 19-44, authorizing payment of CityExpenditures.Resolution No. 19-44

7.c. CITY MANAGER'S WEEKLY INFORMATIONAL REPORT

Report on staff activities beginning the week of June 3, 2019 and ending theweek of June 13, 2019.

RECOMMENDED ACTION: Staff recommends that the City Councilreceive and file the reports.Weekly Informational Items

7.d. TREASURER’S REPORT FOR THE MONTH OF MAY 2019

In compliance with the California Government Code, Section 53646, asTreasurer of the City of South El Monte, the following Report provides therevenue and investment positions of the City for the month of May 2019. Such revenues and investments are sufficient to meet the City’s budgetedexpenditures for the upcoming month.

RECOMMENDED ACTION: Staff recommends that the City Councilreceive and file the Treasurer’s Report for the month of May 2019.May Treasurer's Report

7.e. ADOPT RESOLUTION NO. 19-45 ACCEPTING THE TYLER AVENUEAND THIENES AVENUE TRAFFIC SIGNAL AND LIGHTING PROJECTAND AUTHORIZING THE CITY CLERK TO RECORD OF THE NOTICEOF COMPLETION

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The City Engineer has determined that the Tyler Avenue and ThienesAvenue Traffic Signal and Lighting Project HSIPL-5352(014) wascompleted in compliance with the plans and specifications by CaliforniaProfessional Engineering, Inc. The work included installation of a new trafficsignal and lighting system, concrete curb ramps, curb, gutter, markings,striping and related work. The final cost for the construction work completedby California Professional Engineering, Inc. is $324,296.34.

RECOMMENDED ACTION: Staff recommends that the City Counciladopt Resolution No. 19-45 accepting the improvements for the TylerAvenue and Thienes Avenue Traffic Signal and Lighting ProjectHSIPL-5352(014) and authorize the City Clerk to record the Notice ofCompletion. Upon approval, staff will file standard Notice ofCompletion at County Recorder’s Office and release retentionaccordingly.Attachment A - Resoluton 19-45Attachment B - Notice of Completion

7.f. ADOPT RESOLUTION NO. 19-46 APPROVING THE PROFESSIONALSERVICES AGREEMENT FOR CITATION PROCESSING ANDADMINISTRATIVE CITATION PROCESSING SERVICES BETWEENTHE CITY AND PHOENIX GROUP INFORMATION SYSTEMS

Since September 1, 2010, Phoenix Group Information Systems hasprovided citation processing services for the City’ Code and Public SafetyDivisions. The City and Phoenix Group Information Systems is requesting toextend the Agreement through March 1, 2021 while requesting amodification to the fee structure. The agreement will include automaticrenewals for subsequent one-year periods until March 1, 2024.

RECOMMENDED ACTION: Staff recommends that the City Counciladopt Resolution No. 19-46 approving the Professional Services Agreement for Citation Processing Services between the City andPhoenix Group Information Systems.Attachment A - Resolution No. 19-46 Attachment B - Phoenix PSA Contract

7.g. ADOPT RESOLUTION NO. 19-47, CALLING A PUBLIC HEARING FORMETRO FISCAL YEAR 2019 FEDERAL SECTION 5310 PROGRAMFOR ELIGIBLE PROJECTS

LA Metro has opened the project-call for the Federal Section 5310 Programthat supports Enhanced Mobility of Seniors and Individuals with Disabilities. The Public Hearing is a necessary aspect of the grant process for public

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input to identify potential transportation enhancements to our existingtransportation program that supports Seniors and Individuals withDisabilities.

RECOMMENDED ACTION: Staff recommends that the City Counciladopt Resolution No. 19-47, calling a public hearing for Metro FiscalYear 2019 Federal Section 5310 Program for eligible projects. Resolution No. 19-47

7.h. ADOPT RESOLUTION NO. 19-48, AN AMENDED AND RESTATEDEMPLOYMENT AGREEMENT BETWEEN THE CITY OF SOUTH ELMONTE AND ROSE JUAREZ

The Employment Agreement between the City of South El Monte and CityClerk, Rose Juarez is for the period beginning July 1, 2019 and ending June30, 2022.

RECOMMENDED ACTION: Staff recommends that the City Counciladopt Resolution No. 19-48, approving an amended and restatedEmployment Agreement between the City of South El Monte andRose Juarez, City Clerk.Attachment A - Resolution No. 19-48 Attachment B - Amendment No. 2 to City Clerk Agreement

7.i. ADOPT RESOLUTION NO. 19-50 RE-APPROVING THE CITY OFSOUTH EL MONTE’S TITLE VI PROGRAM UPDATE TO SATISFYFEDERAL TRANSIT ADMINISTRATION (FTA)

On November 13, 2013, the City Council approved the City’s Title VIProgram. On September 13, 2016, the City Council reapproved the City’sTitle VI program. The City's Title VI Program was created to establishguidelines to effectively monitor and ensure that City’s services meet therequirements set forth in the FTA Title Circular, 4702.1B. Per FTArequirements, it is necessary to reapprove and submit the FTA Title VIReport every three years. To ensure compliance with the FTA's Title VICircular, 4702.1B, it is necessary that the City Council reaffirm that theguidelines set forth in the City's Title VI Program satisfy Title VI requirementsby reapproving the City's Title VI Program.

RECOMMENDED ACTION: Staff recommends that the City Counciladopt Resolution No. 19-50 re-approving the City's Title VI Programto reaffirm that the City meets the requirements set forth in the FTA'sTitle VI Circular 4702.1B. Attachment A - Resolution - City of South El Monte Title VI Program

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Attachment B - City of South El Monte Title VI Program

7.j. APPROVAL OF SEVERANCE AGREEMENT AND GENERALRELEASE FOR JENNIFER E. VASQUEZ

Severance and General Release Agreement for Jennifer E. Vasquez,stating the terms and conditions of her termination from the City of South ElMonte.

RECOMMENDED ACTION: Staff recommends that the City Councilapprove the Severance Agreement and General Release.Attachment A - Severance Agreement and General Release

8. PUBLIC HEARINGS None.

9. GENERAL BUSINESS

9.a. ADOPT RESOLUTION NO. 19-43, APPROVING THE FOURTHAMENDMENT TO THE AMENDED AND RESTATED AGREEMENTBETWEEN THE CITY OF SOUTH EL MONTE AND ATHENSSERVICES, PROVIDING FOR AN ORGANICS RECYCLINGPROGRAM, AND APPROVING A RATE INCREASE FOR THEORGANICS RECYCLING PROGRAM

Commercial and Residential refuse collection is provided by AthensServices on a contract basis. Assembly Bill 1826 is a state mandaterequiring an organics recycling program for commercial and multi-familycustomers. The proposed Fourth Amendment to the Collection Agreementwith Athens would provide for implementation of an Organics Recyclingprogram, and authorize a 22.8% refuse collection rate increase forCommercial and Multi-Family customers to comply with AB 1826 statemandates for Organics Recycling.

RECOMMENDED ACTION: Staff recommends that the City Counciladopt Resolution No. 19-43, approving the Fourth Amendment to theAmended and Restated Agreement between the City of South ElMonte and Athens Services, providing for an Organics RecyclingProgram, and approving a Rate Increase for the Organics RecyclingProgram.Attachment A - Customer TotalsAttachment B - Resolution No. 19-43Attachment C - 4th Amendment

9.b. FACILITY RESERVATION FEE WAIVER REQUESTED BY THE ELMONTE/SOUTH EL MONTE JETS FOOTBALL ORGANIZATION (JETS)

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FOR THE USE OF NEW TEMPLE PARK FIELDS, COMMUNITYCENTER AMPHITHEATER, AND GYMNASIUM

The Jets are requesting a fee waiver for the use of the New Temple ParkFields to host the 2019 season's practices and games from July 10, 2019 -November 22, 2019, Community Center Amphitheater to host cheer leadingpractices from July 10, 2019 - February 23, 2020, and the CommunityCenter Gymnasium to host the organization's fundraiser event on October19, 2019.

RECOMMENDED ACTION: Staff recommends that the City Councildiscuss and take action on the facility reservation fee waiverrequested by the Jets in the amount of $36,700.00.Attachment A- Fee Wavier Jets Foot Ball Fiscal Impact ChartsAttachment B - Fee Waiver Jets Reservation DatesAttachment C - Reservation ApplicationsAttachment D - City Letter - Donation (Fees waived) Jets

9.c. ADOPT RESOLUTION NO. 19-49 CLARIFICATION OF THEENGINEERING DEPARTMENT SCHEDULE OF APPROVED FEES

On October 24, 2017, Resolution 17-100 was approved which updated theCity of South El Monte fee schedule. Since the adoption of the Schedule ofApproved Fees, clarification has been requested as to the applicability ofthe Engineering Fees (plan check, permit issuance, and inspection fees) toprivate development and improvements within the right-of-way and themetrics of the fees in relation to the improvement quantities and constructionschedule. For this reason, clarifications to the Engineering Fee Schedulehave been prepared.

RECOMMENDED ACTION: Staff recommends that the City Counciladopt Resolution No. 19-49, clarifying the Engineering DepartmentPortion of the South El Monte Fee Schedule with any amendments tothe clarifications that the City Council finds necessary.Attachment A - Resolution No. 19-49Attachment B - Clarification to Engineering Fees 2019Attachment C - Engineering Department Scheduled of Approved FeesAttachment D - Extra Legal Transportation Permit Fee Letter

10. COMMITTEE REPORTS, INCLUDING AB 1234 REPORTS:

AB 1234 requires that councilmembers must briefly report, orally or in writing, onmeetings attended at City expense (for example, Contract City and League ofCalifornia Cities Conferences, ICSC conferences, etc.) at the City Council meetingfollowing the meeting.

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11. CORRESPONDENCE

11.a. CORRESPONDENCE FROM MOUNTAIN VIEW HIGH SCHOOLFOOTBALL TEAM REQUESTING SPONSORSHIP IN THEIR ANNUALFOOTBALL PROGRAM

The Mountain View High School football team is seeking funds for support oftheir 2019-2020 annual football program. The amounts range from $50.00 -$450.00 depending on the size of the ad chosen.

RECOMMENDED ACTION: Staff recommends the City Council reviewthe request from the Mountain View High School Football Team for aProgram Ad.Request Letter

12. COUNCILMEMBERS' AGENDA

12.a. COUNCILMEMBER HECTOR DELGADO

1. Status Update on Recruitment for the City Manager Position

2. RFP for City Attorney Services Update

12.b. COUNCILMEMBER RICHARD ANGEL

1. Consideration of Re-sanding, Polishing and Repairs to the CommunityCenter Amphitheater Stage Floor and Kitchen

13. CLOSED SESSION

13.a. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATIONGOVERNMENT CODE SECTION 54956.9(D)(2)

A point has been reached where, in the opinion of the City Council on theadvice of the City Attorney, based on existing facts and circumstances, thereis a significant exposure to litigation against the City.

Number of Cases: 1

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13.b. PUBLIC EMPLOYEE APPOINTMENT - GOVERNMENT CODESECTION 54957

Title: Interim City Attorney

14. RECESS COUNCIL MEETING

15. ANNOUNCEMENT OF CITY CLERK (PRIOR TO CONVENING THESUCCESSOR AGENCY MEETING)

Pursuant to Government Code Section 54952.3, the City Clerk will announce thatBoard Members do not receive any compensation or stipend for attending theSuccessor Agency meeting.

16. SUCCESSOR AGENCY MEETING - CALL TO ORDER AND ROLL CALL

Board Members: Acosta, Angel, Delgado, Retamoza, (Chairperson) Olmos

17. APPROVAL OF AGENDA

This is the time for the Board to remove any items from the consent calendar forindividual consideration, table, continue, add items, or to make a motion to rearrangethe order of this agenda.

18. PUBLIC COMMENTS

Persons wishing to address the Board on any item on the agenda, or any othermatter, are invited to do so at this time. Pursuant to the Brown Act, the Board cannotdiscuss or take action on items not on the agenda. Matters brought before the Boardthat are not on the agenda may, at the Board's discretion, be referred to staff orplaced on the next agenda.

19. CONSENT CALENDAR

19.a. MINUTES

Staff seeks Agency Board approval of the Minutes of the Regular Meeting ofMay 28, 2019.

RECOMMENDED ACTION: Staff recommends that the Agency Boardapprove the above referenced minutes.

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Minutes

19.b. TREASURER'S REPORT FOR THE MONTH OF MAY 2019

In compliance with the California Government Code, Section 53646, asTreasurer of the Successor Agency to the South El Monte ImprovementDistrict, the following Report provides the revenue and investment positionsof the Agency for the month of May 2019. Such revenues and investmentsare sufficient to meet the Agency’s budgeted expenditures for the upcomingmonth.

RECOMMENDED ACTION: Staff recommends that the Agency Boardreceive and file the Treasurer’s Report for the month of May 2019.May Treasurer's Report

20. EXECUTIVE DIRECTOR'S AGENDA None.

21. ADJOURNMENT OF SUCCESSOR AGENCY MEETING

22. RECONVENE AND ADJOURN COUNCIL MEETING July 9, 2019, 5:30 p.m.

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State of the District

June 25, 2019South El Monte Council Meeting

Upper San Gabriel ValleyMunicipal Water District

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Upper San Gabriel Valley MWD Special district & wholesale water supplier formed

in 1960

Provides supplemental water to San Gabriel Valley communities

Metropolitan Water District member agency

Service Area: 144 square miles & 18 cities

Population Served: 950,000

Water Retailers: 27

Total water demand: 200,000 acre feet/yr.

Imported Water Delivery: 30,000 acre feet/yr.

2018/2019 Operating Budget: $27.4 million

Division 3Director Ed Chavez

Division 2Director Charles Treviño

Division 1Director Anthony R. Fellow

www.upperdistrict.org

Division 4Director Alfonso Contreras

Division 5Director Jennifer Santana

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Strategic Plan

The Board developed goal areas that represent the key Upper District commitments:

GOAL 1: Water Reliability• Provide reliable water services that meet the needs of the communities we serve.

GOAL 2: Financial Integrity • Effectively and efficiently manage the financial resources entrusted to Upper District.

GOAL 3: Workforce and Governance • Maintain a trained and motivated workforce, an informed and engaged Board of

Directors, and effective business processes to achieve our goals.

GOAL 4: Community Representation and Engagement • Provide responsive local governance, value, legislative engagement, and outreach to

the Producers and the communities we serve.13

Where does our water supply come from?

Northern California

Colorado River

Local Water Supply

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Update on Imported Resources

• State Water Project• Rainfall: 68.4 inches water year to date• Snowpack Peak: 48.7 inches deep (Northern Sierra)• Statewide Snowpack Measurement: 163% of April 1 average • Runoff Forecast: 137% of average (Sacramento River)• SWP Exporter Allocation: 75%

• Colorado River• Rainfall: 29.6 inches water year to date • Snowpack Peak: 21.1 inches deep • Snowpack Measurement: 133% of April 1 average• Runoff Forecast: 124% of average• CRA Exporter Allocation: 78%

*MWD Water Supply Conditions Report as of 6/6/19

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Update on MWD Storage Reserves

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Update on Local Resources – San Gabriel Valley

23.5 in.Water year

to date97%

stormwater captured in

the SGV

*Data from Oct 1st through May 31st

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Baldwin Park Key Well

Current Elevation: 196.7 ft. (as of June 14, 2019 )

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Baldwin Park Key WellHistoric Low:

169.4 ft. (Nov.21,2018)

Historic High: 295.3 ft.* (July 20, 1983)*Since entry of judgment, 1973

March 2019: US Drought Monitor announced CA out of drought

2014: Governor declared statewide drought emergency 2017: Emergency lifted

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OneBasinOneSGVWater Efficiency is Vital for the Sustainability of our

Groundwater Basin!

• Conservation Programs and Educational Outreach• Turf Removal, Leak Detection and Smart Gardening Classes• Watershed Restoration Events • Residential/Commercial Rebates: socalwatersmart.com - $2/sqft• Residential Plant Voucher Pilot Program• Water Bottle Fill Station Pilot Program • City partnership for outreach community booths & materials

• 60th Year Anniversary • WaterFest 2019 • Special ceremonial events to recognize Upper District’s trailblazers and

historical achievements20

Patty CortezDirector of Government and

Community Affairs

Director Ed Chavez, Division 3Board President

Upper San Gabriel Valley MWD626-443-2297

patty@usgvmwd.orgupperdistrict.org

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Aerial Photo of the San Gabriel Basin

South Pasadena

Monrovia

Puente Hills

San Dimas

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San Gabriel River Watershed

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Precipitation in California vs. U.S.

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City Council Agenda ReportAgendaItem No.

7.a

DATE: June 25, 2019

TO: Honorable Mayor and Members of the City Council

APPROVED BY: Rachel Barbosa, Interim City Manager

SUBMITTED BY: Rose Juarez, City Clerk

SUBJECT: MINUTES

SUMMARY: Staff seeks City Council approval of the Minutes of the Special Meeting ofJune 5, 2019, and Minutes of the Adjourned Regular and Regular Meetings of June 11,2019.

RECOMMENDATION: Staff recommends that the City Council approve the abovereferenced minutes.

ATTACHMENTS:Minutes

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CITY OF SOUTH EL MONTESPECIAL MEETING MINUTES

JUNE 5, 2019 5:00 P.M.COUNCIL CHAMBERS

1415 N. SANTA ANITA AVENUESOUTH EL MONTE, CA 91733

1. CALL TO ORDER AND ROLL CALL

Mayor Olmos called the meeting to order at 5:04 p.m.

PRESENT:Councilmembers: Acosta, Angel, Delgado, and Olmos.ABSENT: Councilmember: Retamoza.

Also Present: (City Attorney) Quinn Barrow, (Interim City Manager) Rachel Barbosa, (City Clerk) Rose Juarez, and (Deputy City Clerk) Paola Lara.

2. APPROVAL OF AGENDA

A motion was made by Angel, seconded by Acosta and carried (4 - 0, Retamoza "absent") to approve the agenda.

AYES: Councilmembers: Acosta, Angel, Delgado, and Olmos.NAYS: None.ABSENT:Councilmember: Retamoza.

3. PUBLIC COMMENTS

Mayor Olmos opened public comments.

Jack Owen, South El Monte Property Owner, thanked the City Attorney for his years of service to the City and spoke in favor of the City keeping him as the City's Attorney.

After determining there was no one else wishing to speak, Mayor Olmos closed public comments.

Councilwoman Retamoza arrived to the meeting at 5:07 p.m.

4. CLOSED SESSION

a. Public Employee Dismissal - Government Code Section 54957 Title: City Attorney

b. Public Employee Appointment - Government Code Section 54957 Title: Interim City Attorney

The City Attorney announced pursuant to Government Code Section 54957 the City Council would go into closed session to discuss the two items identified on the agenda.

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The City Council recessed to closed session at 5:08 p.m. and reconvened to open session at 8:45 p.m.

5. DECLARATION OF ANY ACTIONS TAKEN IN CLOSED SESSION

The City Attorney announced the City Council went into Closed Session to discuss the item identified on the agenda. By a 3-2 vote they accepted Quinn Barrow's resignation and appointed Mike Estrada as the City Attorney. The two "No" votes were Acosta and Olmos. There is no other reportable action taken.

6. ADJOURNMENT

There being no further business coming before this body, Mayor Olmos adjourned the meeting at 8:48 p.m.

_____________________________ ______________________________ Rose Juarez, City Clerk Gloria Olmos, Mayor

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CITY OF SOUTH EL MONTEADJOURNED REGULAR MEETING MINUTES

JUNE 11, 2019 5:30 P.M.COUNCIL CHAMBERS

1415 N. SANTA ANITA AVENUESOUTH EL MONTE, CA 91733

1. ROLL CALL

Mayor Olmos called the meeting to order at 5:34 p.m.

PRESENT:Councilmembers: Acosta, Angel, and Olmos.ABSENT: Councilmembers: Delgado, and Retamoza.

Also present: (City Attorney) Michael Estrada, (Interim City Manager) Rachel Barbosa, (City Clerk) Rose Juarez, (Deputy City Clerk) Paola Lara, (Community Development Director) Jose Jimenez, and (Public Works Director) Rene Salas.

The City Clerk announced Councilwoman Retamoza requested to be excused from the meeting due to personal reasons and Councilmember Delgado would not be present for the meeting.

2. APPROVAL OF AGENDA

A motion was made by Angel, seconded by Acosta and carried (3 - 0, Delgado, and Retamoza "absent") to to approve the agenda.

AYES: Councilmembers: Acosta, Angel, and Olmos.NAYS: None.ABSENT:Councilmembers: Delgado, and Retamoza.

3. PUBLIC COMMENT

Mayor Olmos opened and closed public comment after determining there was no one wishing to speak.

4. CLOSED SESSION

a. CONFERENCE WITH LABOR NEGOTIATOR Government Code Section 54957.6

City Representative: Interim City Manager

Employee: City Clerk

The City Attorney announced the City Council would recess to closed session to discuss the item identified on the agenda.

The City Council recessed to closed session at 5:35 p.m. and reconvened to open session at 6:00 p.m.

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The City Attorney announced the City Council provided direction to the labor negotiator, there was no reportable action.

Councilmember Delgado arrived to the meeting at 6:02 p.m.

5. ADJOURNMENT

There being no further business coming before this body, Mayor Olmos adjourned the meeting at 6:03 p.m.

_____________________________ ______________________________ Rose Juarez, City Clerk Gloria Olmos, Mayor

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CITY OF SOUTH EL MONTEREGULAR CITY COUNCIL MEETING MINUTES

JUNE 11, 2019 6:00 P.M.COUNCIL CHAMBERS

1415 N. SANTA ANITA AVENUESOUTH EL MONTE, CA 91733

1. ROLL CALL

Mayor Olmos called the meeting to order at 6:04 p.m.

PRESENT:Councilmembers: Acosta, Angel, Delgado, and Olmos.ABSENT: Councilmember: Retamoza.

The City Clerk announced Councilwoman Retamoza requested to be excused from the meeting due to personal reasons.

Also present: (City Attorney) Michael Estrada, (Interim City Manager) Rachel Barbosa, (City Clerk) Rose Juarez, (Community Development Director) Jose Jimenez, (Public Works Director) Rene Salas, and (Recreation Coordinator) Jayson Perez.

2. PLEDGE OF ALLEGIANCE

Councilmember Angel led the Pledge of Allegiance.

3. INVOCATION

Pastor David Torres, Calvary Assembly of God, offered the Invocation.

4. PRESENTATIONS

a. HELEN ROMERO-SHAW FROM SO. CAL. GAS WILL PROVIDE INFORMATION ON THE PROPOSED RESOLUTION IN SUPPORT OF BALANCED ENERGY SOLUTIONS AND LOCAL CHOICE

Ms. Romero-Shaw provided an overview on Balanced Energy Solutions and Local Choice, spoke of the need to allow businesses and residents the choice to decide if they want to utilize natural gas, and requested the Council adopt Resolution No. 19-36.

5. APPROVAL OF THE AGENDA AND WAIVER OF FULL READING OF ORDINANCES

Mayor Olmos announced staff requested to continue Item 9.a. to the June 25th meeting. The Interim City Manager announced memos containing revisions to Agenda Items 7.i. and 7.j. were distributed to the City Council and Public.

A motion was made by Delgado, seconded by Acosta and carried (4 - 0, Retamoza "absent") to approve the agenda as amended, continue Item 9.a. to the June 25,

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2019 meeting and accept the revisions included in the memos for Agenda Items 7.i. and 7.j., and waive full reading of ordinances.

AYES: Councilmembers: Acosta, Angel, Delgado, and Olmos.NAYS: None.ABSENT:Councilmember: Retamoza.

6. PUBLIC COMMENT

Mayor Olmos opened public comment.

Carla Boggs, representing the Office of Senator Susan Rubio, announced Senator Rubio secured the following funding: $10 million for English Language Learners Road Map Initiative, $500,000 for the Breakfast After the Bell Program, and $5.6 million for Homeless Initiatives and Housing Crisis in the San Gabriel Valley.

Sal Ramirez, Southern California Edison, spoke against Resolution No. 19-36, Agenda Item 7.d., and requested that the resolution be tabled until more information and research on the matter can be provided to the City Council.

Sandra Lopez, South El Monte Resident, spoke of the need to replant trees, address illegal fireworks on Edwards and Central, trash and bulky items that are left on the street and suggested that City staff assist with the clean up of the streets.

Angie Macias-Mendez, South El Monte Library, provided information on the Summer Reading Program and Lunch Program being offered by the library.

Juan Salcedo, Bobby Salcedo Memorial Foundation, spoke of the donations and scholarships the Foundation has provided to schools, stated the firework stand has been operating in South El Monte for approximately 20 years and all proceeds go back to the school districts.

Joshua Ortega, South El Monte Resident, spoke in support of the Bobby Salcedo Memorial Foundation, against the fee waiver request by the Brewers Baseball, and of the need to address the homeless issues in the City.

After determining there was no one else wishing to speak, Mayor Olmos closed public comment.

7. CONSENT CALENDAR

a. MINUTES

Staff seeks City Council approval of the Adjourned Regular and Regular Meeting Minutes of May 28, 2019.

b. WARRANTS

Authorizing payment of City expenditures for the period of May 29, 2019 through June 11, 2019 totaling $948,601.68.

c. CITY MANAGER'S WEEKLY INFORMATIONAL REPORTS

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Report on staff activities beginning the week of May 20, 2019 and ending the week of May 30, 2019.

d. ADOPT RESOLUTION NO. 19-36 IN SUPPORT OF BALANCED ENERGY SOLUTIONS AND LOCAL CHOICE

A number of state agencies are increasingly proposing new legislation and regulations looking to eliminate energy choices and mandating solutions to fully electrify homes and businesses in the future. These mandates eliminate local control and customer choice which suppresses innovation, reduces reliability, and unnecessarily increases costs to residents.

e. APPROVAL OF RESOLUTION NO. 19-37 AND AMENDMENT NO. 4 AMENDING LOWER TIER SUBAWARD AGREEMENT BETWEEN HUNTINGTON CULINARY AND THE CITY OF SOUTH EL MONTE FOR THE ELDERLY NUTRITION PROGRAM

Staff seeks to amend the Lower Tier Subaward Agreement with Huntington Culinary for the Elderly Nutrition Program to extend the term of the Agreement by one year, for an amount not to exceed $235,654.20 for FY 19-20, matching the FY 18-19 award amount of $235,654.20.

f. RESOLUTION NO. 19-38, AUTHORIZE EXECUTION OF A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) AND THE CITY OF SOUTH EL MONTE REGARDING THE GO HUMAN EVENT

In early 2017 and in response to a Call for Projects, the City of South El Monte applied for a Sustainability Planning Grant through the SCAG. On February 2, 2017, the City was awarded a grant in the amount of $275,000, to co-host a Go Human community event, which engages the community's participation in Sustainability Planning and Active Transportation through interactive demonstrations.

g. ADOPTION OF RESOLUTION NO. 19-39, ORDERING A REPORT AND CALLING A PUBLIC HEARING FOR JUNE 25, 2019 FOR THE LEVY AND COLLECTION OF THE SEWER SERVICE FEE FOR FISCAL YEAR 2019-20

The adoption of Resolution No. 19-39 orders a report and calls for a date for a public hearing for the levy and collection of the Sewer Service Fee for Fiscal Year 2019-20 (the "Fee"). Sewer fees collected by the City can only be used for the upgrade or repair of the City's sewer lines, whereby a sewer fee increase must be reviewed and either approved or denied by the City Council. At the current time, City staff will not propose a sewer fee increase, rather continue to collect fees at the previously established rate.

h. ADOPTION OF RESOLUTION NO. 19-40 CONTINUING THE FISCAL YEAR (FY) 2018-2019 BUDGET UNTIL THE ADOPTION OF THE FY 2019-2020 BUDGET

To present more comprehensive and up-to-date financial data, staff is recommending that the City Council delay the FY 2019-2020 Budget review and approval until the first meeting in July.

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i. APPROVAL OF RESOLUTION NO. 19-41, RATIFYING AND ADOPTING THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF SOUTH EL MONTE AND THE SOUTH EL MONTE EMPLOYEES' ASSOCIATION (SEMEA)

The MOU between the City of South El Monte and SEMEA is for the period beginning July 1, 2018 and ending June 30, 2020.

j. APPROVAL OF RESOLUTION NO. 19-42, RATIFYING AND ADOPTING THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF SOUTH EL MONTE AND THE SOUTH EL MONTE EXECUTIVE MANAGEMENT TEAM ASSOCIATION (SEMEMTA)

The MOU between the City of South El Monte and SEMEMTA is for the period beginning July 1, 2018 and ending June 30, 2020.

A motion was made by Acosta, seconded by Angel and carried (4 - 0, Retamoza "absent") to approve the Consent Calendar.

AYES: Councilmembers: Acosta, Angel, Delgado, and Olmos.NAYS: None.ABSENT:Councilmember: Retamoza.

8. PUBLIC HEARINGS None

9. GENERAL BUSINESS

a. ADOPT RESOLUTION 19-43, APPROVING THE FOURTH AMENDMENT TO THE AMENDED AND RESTATED AGREEMENT BETWEEN THE CITY OF SOUTH EL MONTE AND ATHENS SERVICES, PROVIDING FOR AN ORGANICS RECYCLING PROGRAM, AND APPROVING A RATE INCREASE FOR THE ORGANICS RECYCLING PROGRAM

Item 9.a. was continued to the June 25, 2019 meeting.

b. FACILITY RESERVATION FEE WAIVER REQUESTED BY BREWERS BASEBALL FOR THE USE OF SHIVELY PARK AND NEW TEMPLE PARK

The Recreation Coordinator presented the staff report.

A motion was made by Angel, seconded by Acosta and carried (4 - 0, Retamoza "absent") to approve the facility reservation fee waiver in the amount of $15,210.00 and deny the fee waiver request of $2,160.00 for the operation of the lights.

AYES: Councilmembers: Acosta, Angel, Delgado, and Olmos.NAYS: None.ABSENT:Councilmember: Retamoza.

c. 2019 FOURTH OF JULY FIREWORK STAND PERMITS

The Community Development Director presented the staff report.

Mayor Olmos allowed public comments.

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Mr. Maury Dym, representing Phantom Fireworks, confirmed South El Monte High School Football will be utilizing the Auto Zone property for the firework stand.

A motion was made by Acosta, seconded by Delgado and carried (4 - 0, Retamoza "absent") to approve the firework stand permit locations for the Bobby Salcedo Memorial Foundation at 1954 Durfee Avenue, South El Monte High School Football at 1957 Durfee Avenue, and Centro Cristiano Agape at 1634 Tyler Avenue.

AYES: Councilmembers: Acosta, Angel, Delgado, and Olmos.NAYS: None.ABSENT:Councilmember: Retamoza.

10. COMMITTEE REPORTS, INCLUDING AB 1234 REPORTS AB 1234

Councilmember Acosta provided a report on his attendance at Mayor Garcetti's Round Table, South El Monte High School Graduation, and the Sheriff's Academy.

Councilmember Delgado provided a report on his attendance at the South El Monte High School graduation, City's Memorial Day Ceremony, and Foothill Governing Board meeting.

Councilmember Angel provided a report on his attendance at the South El Monte High School graduation, Mayor Garcetti's Round Table, and City's T-ball Awards Ceremony.

Mayor Olmos provided a report on her attendance at Mayor Garcetti's Round Table, South El Monte High School graduation, City Memorial Day Ceremony, T-Ball Awards Ceremony, and Sheriff's Academy.

11. CORRESPONDENCE None.

12. COUNCILMEMBERS’ AGENDA

a. COUNCILMEMBER RICHARD ANGEL

1. HIRE SPECIAL LEGAL COUNSEL TO WORK ON MISCELLANEOUS PROJECTS

Councilmember Angel requested staff hire special legal counsel to work on miscellaneous projects, correct certain matters, and bring back the findings for City Council discussion.

The Interim City Manager stated if the requested services fall within her legal signing authority of $26,800 she can sign a contract, otherwise, staff will bring back an RFP for the City Council's consideration.

A motion was made by Angel, seconded by Delgado and carried (4 - 0, Retamoza "absent") to authorize staff to hire Special Legal Counsel to work on miscellaneous projects, correct certain matters, and bring back the findings for discussion by the City Council.

AYES: Councilmembers: Acosta, Angel, Delgado, and Olmos.NAYS: None.

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ABSENT:Councilmember: Retamoza.

Agenda Items 12.a.2. and 12.a.3. were discussed simultaneously.

2. CORRECT REPORTABLE CITY COUNCIL ACTION FROM JUNE 5, 2019 SPECIAL MEETING REGARDING THE SELECTION OF REPLACEMENT CITY ATTORNEY

3. OPTION TO SEND 30 DAY TERMINATION NOTICE TO CITY ATTORNEY FIRM RICHARDS, WATSON, GERSHON

Councilmember Angel stated the announcement the previous City Attorney made after the City Council met in Closed Session was incorrect and he requested staff read the announcement from the transcribed minutes.

The City Clerk read into the record the announcement made by the previous City Attorney at the June 5th Special City Council meeting: The City Attorney announced the City Council went into Closed Session to discuss the item identified on the agenda. By a 3-2 vote they accepted Quinn Barrow's resignation and appointed Mike Estrada as the City Attorney. The two "No" votes were Acosta and Olmos. There is no other reportable action taken.

Councilmember Angel stated it has been confirmed that the announcement regarding the appointment was not correct and that it was the decision of the City Council to have Stephanie Cao represent the City. His recommendation, due to the previous City Attorney's inability to comply with what was discussed and agreed upon in closed session, is to send a 30 day termination notice to Richards, Watson, Gershon.

The City Attorney stated he spoke to Mr. Barrow and his comment was that he misspoke, should have said "The Council has accepted my resignation and Mike Estrada will be designated as City Attorney per the contract on a 3-2 vote, no other reportable action taken."

In response to Councilmember Delgado's question, the City Attorney stated the City Council has the ability under the contract to designate whomever at the firm they want as City Attorney.

A motion was made by Angel, seconded by Acosta and carried (3 - 1, Delgado "no", Retamoza "absent") to send a 30 Day Termination Notice to the City Attorney firm Richards, Watson, Gershon.

AYES: Councilmembers: Acosta, Angel, and Olmos.NAYS: Councilmember: Delgado.ABSENT:Councilmember: Retamoza.

b. MAYOR GLORIA OLMOS

1. CONSIDER APPOINTING A REPRESENTATIVE FOR THE EL MONTE PROMISE FOUNDATION

Mayor Olmos recommended that Councilmember Delgado serve as the City's representative on the El Monte Promise Foundation.

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Councilmember Delgado accepted the appointment to serve on the El Monte Promise Foundation as the City's representative and announced it is voluntary and not a paid position.

13. CLOSED SESSION None

14. ADJOURNMENT

There being no further business coming before this body, Mayor Olmos adjourned the meeting at 7:28 p.m. to June 18, 2019, 6:00 p.m.

_____________________________ ______________________________ Rose Juarez, City Clerk Gloria Olmos, Mayor

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City Council Agenda ReportAgendaItem No.

7.b

DATE: June 25, 2019

TO: Honorable Mayor and Members of the City Council

APPROVED BY: Rachel Barbosa, Interim City Manager

SUBMITTED BY: Christina Navarro, Accounting Technician

SUBJECT: WARRANTS

SUMMARY: Authorizing payment of City expenditures for the period of June 12, 2019through June 25, 2019 totaling $686,495.94.

RECOMMENDATION: Staff recommends that the City Council adopt Resolution No.19-44, authorizing payment of City Expenditures.

ATTACHMENTS:Resolution No. 19-44

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City Council Agenda ReportAgendaItem No.

7.c

DATE: June 25, 2019

TO: Honorable Mayor and Members of the City Council

APPROVED BY: Rachel Barbosa, Interim City Manager

SUBMITTED BY: Maria Cardoso, Senior Executive Assistant

SUBJECT: CITY MANAGER'S WEEKLY INFORMATIONAL REPORT

SUMMARY: Report on staff activities beginning the week of June 3, 2019 and ending theweek of June 13, 2019.

RECOMMENDATION: Staff recommends that the City Council receive and file thereports.

ATTACHMENTS:Weekly Informational Items

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City Council Agenda ReportAgendaItem No.

7.d

DATE: June 25, 2019

TO: Honorable Mayor and Members of the City Council

APPROVED BY: Rachel Barbosa, Interim City Manager

SUBMITTED BY: Angela Chiaromonte, Accounting Manager

SUBJECT: TREASURER’S REPORT FOR THE MONTH OF MAY 2019

SUMMARY: In compliance with the California Government Code, Section 53646, asTreasurer of the City of South El Monte, the following Report provides the revenue andinvestment positions of the City for the month of May 2019. Such revenues andinvestments are sufficient to meet the City’s budgeted expenditures for the upcomingmonth.

RECOMMENDATION: Staff recommends that the City Council receive and file theTreasurer’s Report for the month of May 2019.

ATTACHMENTS:May Treasurer's Report

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City Council Agenda ReportAgendaItem No.

7.e

DATE: June 25, 2019

TO: Honorable Mayor and Members of the City Council

APPROVED BY: Rachel Barbosa, Interim City Manager

APPROVED AS TO FORM: Michael Estrada, City Attorney

SUBMITTED BY: Rene Salas, Public Works Director

SUBJECT: ADOPT RESOLUTION NO. 19-45 ACCEPTING THETYLER AVENUE AND THIENES AVENUE TRAFFICSIGNAL AND LIGHTING PROJECT AND AUTHORIZING THE CITY CLERK TO RECORD OF THE NOTICE OFCOMPLETION

SUMMARY: The City Engineer has determined that the Tyler Avenue and Thienes AvenueTraffic Signal and Lighting Project HSIPL-5352(014) was completed in compliance withthe plans and specifications by California Professional Engineering, Inc. The work includedinstallation of a new traffic signal and lighting system, concrete curb ramps, curb, gutter,markings, striping and related work. The final cost for the construction work completed byCalifornia Professional Engineering, Inc. is $324,296.34.

RECOMMENDATION: Staff recommends that the City Council adopt Resolution No.19-45 accepting the improvements for the Tyler Avenue and Thienes Avenue Traffic Signaland Lighting Project HSIPL-5352(014) and authorize the City Clerk to record the Notice ofCompletion. Upon approval, staff will file standard Notice of Completion at CountyRecorder’s Office and release retention accordingly.

FISCAL IMPACT: The project was completed within the established budget, and there isno additional fiscal impact. The final cost for the construction work completed by CaliforniaProfessional Engineering, Inc. is $324,296.34, which is well within the approved contractamount.

DISCUSSION: None Required

ATTACHMENTS:75

Attachment A - Resoluton 19-45

Attachment B - Notice of Completion

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ATTACHMENT A

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RESOLUTION NO. 19-45

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL ACCEPTING THE TYLER AVENUE AND THIENES AVENUE TRAFFIC SIGNAL AND LIGHTING PROJECT HSIPL-5352(014)AS COMPLETE AND AUTHORIZING THE CITY CLERK TO FILE THE NOTICE OF COMPLETION WITH THE LOS ANGELES COUNTY RECORDER

WHEREAS, the final cost for the construction work completed by California Professional Engineering, Inc. is $324,296.34, which is well within the approved contract amount;

WHEREAS, the project is completed satisfactorily;

THE SOUTH EL MONTE CITY COUNCIL HEREBY RESOLVES AS FOLLOWS:

SECTION 1: The City Council hereby adopts and approves a Resolution accepting the work performed by California Professional Engineering, Inc. for the Tyler Avenue and Thienes Avenue Traffic Signal and Lighting Project HSIPL-5352(014).

ADOPTED this 25th day of June, 2019.

_____________________________Gloria Olmos, Mayor

ATTEST:

_____________________________Rose Juarez, City Clerk

STATE OF CALIFORNIA )COUNTY OF LOS ANGELES ) SS:CITY OF SOUTH EL MONTE )

I, Rose Juarez, City Clerk of the City of South El Monte, hereby certifies that the foregoing Resolution No. 19-45, was adopted by the South El Monte City Council at a duly noticed council meeting held on June 25, 2019, by the following vote:

AYES:NOES:ABSENT:ABSTAIN:

_____________________________Rose Juarez, City Clerk

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ATTACHMENT B

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RECORDING REQUESTED BYAND WHEN RECORDED MAIL TO:

CITY CLERKCITY OF SOUTH EL MONTE1415 Santa Anita AvenueSouth El Monte, CA 91733

Free recording requested per Gov’t Code 27383 Space above this line for Recorder’s use

NOTICE OF COMPLETION

Notice pursuant to Civil Code Section 9204, must be filed within 15 days after completion.

Notice is hereby given that:

1. The undersigned is owner and corporate officer of the owner of the interest or estate stated below in the property hereinafter described.

2. The full name of the owner is: CITY OF SOUTH EL MONTE3. The full address of the owner is: 1415 Santa Anita Avenue, South El Monte, CA 917334. The nature of the title is: Fee5. The full names and full addresses of all persons, if any, who hold this with the undersigned as joint

tenants or as tenants in common are:

NAMES ADDRESSESNONE

6. The full names and full addresses of the predecessors in interest of the undersigned. IF the property was transferred subsequent to the commencement of the work or improvements herein referred to:

NAMES ADDRESSESNONE

7. A work of improvement on the property hereinafter described was completed on 05/31/2019. The work was: installation of a new traffic signal and lighting system, concrete curb ramps, curb, gutter, markings, striping and related work.

8. The name of the contractor, if any, for such work of improvement was _____________________________________________________________________________(IF NO CONTRACTOR FOR WORK OF IMPROVEMENT AS A WHOLE, INSERT ‘NONE’) (DATE OF CONTRACT)

9. The property on which the work of improvement was completed is in South El Monte, County of Los Angeles, State of California, and is described as follows: Intersection of Tyler Avenue and Thienes Avenue, at City of South El Monte.

10. The street address of the property is _________________________________________________ (IF NO STREET ADDRESS HAS BEEN OFFICIALY ASSIGNED, INSERT ‘NONE’)

Dated: _______________ CITY OF SOUTH EL MONTE

By:________________________ Rene Salas Public Works Director

VERIFICATION

I, the undersigned, say: I am the Public Works Director of the City of South El Monte, the declarant of the foregoing notice of completion; I have read said notice of completion and know the content thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.

Executed on: ___________________, at _____________________________________________________________(CITY) (STATE)

_____________________________________________________________________________________________(PERSONAL SIGNATURE OF THE INDIVIDUAL WHO IS SWEARING THAT THE CONTENTS OF THE NOTICE OF COMPLETION ARE TRUE.))

California Professional Engineering, Inc. 10/24/2017

NONE

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A notary public or other officer completion this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of CaliforniaCounty of ____________

Subscribed and sworn to (or affirmed) before me on this ______day of ______________, 20__, by __________________________________________________________________________,proved to me on the basis of satisfactory evidence to be theperson(s) who appeared before me.

(Seal) Signature_____________________

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City Council Agenda ReportAgendaItem No.

7.f

DATE: June 25, 2019

TO: Honorable Mayor and Members of the City Council

APPROVED BY: Rachel Barbosa, Interim City Manager

APPROVED AS TO FORM: Michael Estrada, City Attorney

SUBMITTED BY: Jose Jimenez, Community Development Director

SUBJECT: ADOPT RESOLUTION NO. 19-46 APPROVING THEPROFESSIONAL SERVICES AGREEMENT FORCITATION PROCESSING AND ADMINISTRATIVECITATION PROCESSING SERVICES BETWEEN THECITY AND PHOENIX GROUP INFORMATION SYSTEMS

SUMMARY: Since September 1, 2010, Phoenix Group Information Systems has providedcitation processing services for the City’ Code and Public Safety Divisions. The City andPhoenix Group Information Systems is requesting to extend the Agreement through March1, 2021 while requesting a modification to the fee structure. The agreement will includeautomatic renewals for subsequent one-year periods until March 1, 2024.

RECOMMENDATION: Staff recommends that the City Council adopt Resolution No.19-46 approving the Professional Services Agreement for Citation Processing Servicesbetween the City and Phoenix Group Information Systems.

FISCAL IMPACT: The budget for FY 2019-2020 will remain at the current funding level of$93,000 currently split with fees due to the Superior Court for parking citation revenue. Theimpact at the end of the fiscal year is dependent upon the amount of citations processedand fees collected.

DISCUSSION: Acting under the provisions of 3.16.070 - Professional Services, Theservices of attorneys, physicians, architects, engineers, consultants, auditors, or otherindividuals or organizations possessing a high degree of professional, specializedtechnical skill or expertise, may be made without following bid procedures. In this case,when considering the option to renew, staff specifically decided to continue with Phoenixbecause of their specialized expertise. The City's citation process, including notices and

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citations specifically reference Phoenix as contact on certain matters. Therefore, staffdecided to proceed with Phoenix as a sole-provider of this type of service.

Staff report prepared by Angie Hernandez, Community Development DepartmentExecutive Assistant.

ATTACHMENTS:Attachment A - Resolution No. 19-46

Attachment B - Phoenix PSA Contract

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Attachment A

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RESOLUTION NO. 19-46

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL APPROVING THEPROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY AND PHOENIXGROUP INFORMATION SYSTEMS, INC. FOR CITATION PROCESSING ANDADMINISTRATIVE CITATION PROCESSING SERVICES DATED MARCH 01,2019.THE SOUTH EL MONTE CITY COUNCIL HEREBY RESOLVES ASFOLLOWS:

SECTION 1. The City Council hereby approves an agreement with Phoenix GroupInformation Systems, Inc. for citation processing services for the City, at a not to exceed figure of $55,000.00 (the “Agreement”).

SECTION 2. The City Council hereby authorizes and directs the CityManager to execute the Agreement in substantially the form attached as Attachment A to the June 25, 2019 staff report accompanying this Resolution. The Council further directs the City Manager to take all actions necessary to effectuate the Agreement.

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

ADOPTED this 25th day of June, 2019.

ATTEST:

Rose Juarez, City Clerk

STATE OF CALIFORNIA )COUNTY OF LOS ANGELES ) SS:CITY OF SOUTH EL MONTE )

Gloria Olmos, Mayor

I, Rose Juarez, City Clerk of the City of South El Monte, do hereby certify that theforegoing Resolution, being Resolution No. 19-46, was passed and approved by theCity Council of the City of South El Monte, at a regular meeting of said Council heldon the 25th day of June 2019, and that said Resolution was adopted by the followingvote:

AYES:NOES:ABSENT:ABSTAIN:

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City Clerk

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Attachment B

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PROFESSIONAL SERVICES AGREEMENT

This Professional Services Agreement (“Agreement”) is dated June 25, 2019(“Effective Date”) and is between the City of South El Monte, a California municipalcorporation (“City”) and PHOENIX GROUP INFORMATION SYSTEMS, a Californiacorporation (“Consultant”). City and Consultant are sometimes referred to herein as the“Parties”, and individually as a “Party”.

RECITALS

A. City desires to utilize the services of Consultant as an independentcontractor to provide Citation processing and Administration Citation processingservices.

B. Consultant represents that it is fully qualified to perform such services byvirtue of its experience and the training, education and expertise of its principals andemployees.

C. City desires to retain Consultant and Consultant desires to serve City toperform these services in accordance with the terms and conditions of this Agreement.

The Parties therefore agree as follows:

1. Consultant’s Services.

A. Scope of Services. Consultant shall perform the services described in theScope of Services (the “Services”) for ongoing Citation processing and AdministrationCitation processing services, attached as Exhibit A. City may request, in writing,changes in the Scope of Services to be performed. Any changes mutually agreed uponby the Parties, and any increase or decrease in compensation, shall be incorporated bywritten amendments to this Agreement.

B. Party Representatives. For the purposes of this Agreement, the CityRepresentative shall be the City Manager, or such other person designated in writing bythe City Manager (the “City Representative”). For the purposes of this Agreement, theConsultant Representative shall be Claire Murphy, Executive Vice President (the“Consultant Representative”). The Consultant Representative shall directly manageConsultant’s Services under this Agreement. Consultant shall not change theConsultant Representative without City’s prior written consent.

C. Time for Performance. Consultant shall commence the Services on theEffective Date and shall perform all Services by the deadline established by the CityRepresentative or, if no deadline is established, with reasonable diligence.

D. Standard of Performance. Consultant shall perform all Services under thisAgreement in accordance with the standard of care generally exercised by like

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professionals under similar circumstances and in a manner reasonably satisfactory toCity.

E. Personnel. Consultant has, or will secure at its own expense, allpersonnel required to perform the Services required under this Agreement. All of theServices required under this Agreement shall be performed by Consultant or under itssupervision, and all personnel engaged in the work shall be qualified to perform suchServices.

F. Compliance with Laws. Consultant shall comply with all applicable federal,state and local laws, ordinances, codes, regulations and requirements.

G. Permits and Licenses. Consultant shall obtain and maintain during theAgreement term all necessary licenses, permits and certificates required by law for theprovision of Services under this Agreement, including a business license.

2. Term of Agreement. The term of this Agreement shall be from the EffectiveDate through June 25, 2021, unless sooner terminated as provided in Section 12 ofthis Agreement or extended. This agreement will include automatic renewals forsubsequent one-year periods until March 01, 2024.

3. Compensation.

A. Compensation. As full compensation for Consultant’s Servicessa t i s fac to r i l y rende red under this Agreement, City shall pay Consultant the totalsum of $55,000 (the “Maximum Compensation”), as set forth in the Approved FeeSchedule attached hereto as Exhibit B.” In no event shall Consultant be paid more than $55,000.

B. Expenses. The amount set forth in paragraph 3.A. above includesreimbursement for all expenditures incurred in the performance of this Agreement.

C. Unauthorized Services and Expenses. City will not pay for any servicesnot specified in the Scope of Services, unless the City Council or the CityRepresentative, if applicable, and the Consultant Representative authorize suchservices in writing prior to Consultant’s performance of those services or incurrence ofadditional expenses. Any additional services or expenses authorized by the City Councilor the City Representative shall be compensated at the rates set forth in Exhibit B,or, if not specified, at a rate mutually agreed to by the Parties. City shall make paymentfor additional services and expenses in accordance with Section 4 of this Agreement.

4. Method of Payment.

A. Invoices. Consultant shall submit to City an invoice, on a monthly basis,for the Services performed pursuant to this Agreement. Each invoice shall itemize theServices rendered during the billing period, hourly rates charged, if applicable, and the

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amount due. City shall review each invoice and notify Consultant in writing within tenBusiness Days of receipt of any disputed invoice amounts.

B. Payment. City shall pay all undisputed invoice amounts within 30 calendardays after receipt up to the Maximum Compensation set forth in Section 3 of thisAgreement. City does not pay interest on past due amounts. City shall not withhold federalpayroll, state payroll or other taxes, or other similar deductions, from payments madeto Consultant.

C. Audit of Records. Consultant shall make all records, invoices, time cards,cost control sheets and other records maintained by Consultant in connection with thisAgreement available during Consultant’s regular working hours to City for review andaudit by City.

5. Independent contractor.

A. Consultant is an independent contractor and not an employee of the City.All services provided pursuant to this Agreement shall be performed by Consultant orunder its supervision. Consultant will determine the means, methods, and details ofperforming the services. Any additional personnel performing services under thisAgreement on behalf of Consultant shall also not be employees of City and shall at alltimes be under Consultant’s exclusive direction and control. Consultant shall pay allwages, salaries, and other amounts due such personnel in connection with theirperformance of services under this Agreement and as required by law. Consultant shallbe responsible for all reports and obligations respecting such additional personnel,including, but not limited to: social security taxes, income tax withholding,unemployment insurance, disability insurance, and workers’ compensation insurance.

B. Consultant shall indemnify and hold harmless City and its elected officials,officers, employees, servants, designated volunteers, and agents serving asindependent contractors in the role of City officials, from any and all liability, damages,claims, costs and expenses of any nature to the extent arising from Consultant’spersonnel practices. City shall have the right to offset against the amount of any feesdue to Consultant under this Agreement any amount due to City from Consultant as aresult of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section.

6. Information and Documents.

A. Consultant covenants that all data, reports, documents, discussion, orother information (collectively “Data”) developed or received by Consultant or providedfor performance of this Agreement are deemed confidential and shall not be disclosedor released by Consultant without prior written authorization by City. City shall grantsuch authorization if applicable law requires disclosure. Consultant, its officers,employees, agents, or subcontractors shall not without written authorization from theCity Manager or unless requested in writing by the City Attorney, voluntarily provide

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declarations, letters of support, testimony at depositions, response to interrogatories orother information concerning the work performed under this Agreement or relating toany project or property located within the City. Response to a subpoena or court ordershall not be considered “voluntary,” provided Consultant gives City notice of such courtorder or subpoena.

B. Consultant shall promptly notify City should Consultant, its officers,employees, agents or subcontractors be served with any summons, complaint,subpoena, notice of deposition, request for documents, interrogatories, request foradmissions or other discovery request, court order or subpoena from any partyregarding this Agreement and the work performed thereunder or with respect to anyproject or property located within the City. City may, but has no obligation to, representConsultant or be present at any deposition, hearing or similar proceeding. Consultantagrees to cooperate fully with City and to provide City with the opportunity to review anyresponse to discovery requests provided by Consultant. However, City’s right to reviewany such response does not imply or mean the right by City to control, direct or rewritethe response.

C. All Data required to be furnished to City in connection with this Agreementshall become City’s property, and City may use all or any portion of the Data submittedby Consultant as City deems appropriate. Upon completion of, or in the event oftermination or suspension of this Agreement, all original documents, designs, drawings,maps, models, computer files containing data generated for the Services, surveys,notes, and other documents prepared in the course of providing the Services shallbecome City’s sole property and may be used, reused or otherwise disposed of by Citywithout Consultant’s permission. Consultant may take and retain copies of the writtenproducts as desired, but the written products shall not be the subject of a copyrightapplication by Consultant.

D. Consultant’s covenants under this Section shall survive the expiration ortermination of this Agreement.

7. Conflicts of Interest. Consultant and its officers, employees, associates andsubcontractors, if any, shall comply with all conflict of interest statutes of the State ofCalifornia applicable to Consultant’s Services under this Agreement, including thePolitical Reform Act (Gov. Code § 81000, et seq.) and Government Code Section 1090.During the term of this Agreement, Consultant may perform similar Services for otherclients, but Consultant and its officers, employees, associates and subcontractors shallnot, without the City Representative’s prior written approval, perform work for anotherperson or entity for whom Consultant is not currently performing work that would requireConsultant or one of its officers, employees, associates or subcontractors to abstainfrom a decision under this Agreement pursuant to a conflict of interest statute.Consultant shall incorporate a clause substantially similar to this Section into anysubcontract that Consultant executes in connection with the performance of thisAgreement.

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8. Indemnification, Hold Harmless, and Duty to Defend.

A. Indemnities.

1) To the fullest extent permitted by law, Consultant shall, at its solecost and expense, defend, hold harmless and indemnify City and its elected officials,officers, attorneys, agents, employees, designated volunteers, successors, assigns andthose City agents serving as independent contractors in the role of City officials(collectively “Indemnitees”), from and against any and all damages, costs, expenses,liabilities, claims, demands, causes of action, proceedings, expenses, judgments,penalties, liens, and losses of any nature whatsoever, including fees of accountants,attorneys, or other professionals and all costs associated therewith and the payment ofall consequential damages (collectively “Liabilities”), in law or equity, whether actual,alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relateto the acts or omissions of Consultant, its officers, agents, servants, employees,subcontractors, materialmen, consultants or their officers, agents, servants oremployees (or any entity or individual that Consultant shall bear the legal liability thereof)in the performance of this Agreement, including the Indemnitees’ active or passivenegligence, except for Liabilities arising from the sole negligence or willful misconductof the Indemnitees as determined by court decision or by the agreement of the Parties.Consultant shall defend the Indemnitees in any action or actions filed in connectionwith any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs andexpenses, including all attorneys’ fees and experts’ costs actually incurred in connectionwith such defense. Consultant shall reimburse the Indemnitees for any and all legalexpenses and costs incurred by Indemnitees in connection therewith.

2) Consultant shall pay all required taxes on amounts paid toConsultant under this Agreement, and indemnify and hold City harmless from any andall taxes, assessments, penalties, and interest asserted against City by reason of theindependent contractor relationship created by this Agreement. Consultant shall fullycomply with the workers’ compensation law regarding Consultant and Consultant’semployees. Consultant shall indemnify and hold City harmless from any failure ofConsultant to comply with applicable workers’ compensation laws. City may offsetagainst the amount of any fees due to Consultant under this Agreement any amountdue to City from Consultant as a result of Consultant’s failure to promptly pay to Cityany reimbursement or indemnification arising under this subparagraph A.2).

3) Consultant shall obtain executed indemnity agreements withprovisions identical to those in this Section from each and every subcontractor or anyother person or entity involved by, for, with or on behalf of Consultant in theperformance of this Agreement. If Consultant fails to obtain such indemnity obligations,Consultant shall be fully responsible and indemnify, hold harmless and defend theIndemnitees from and against any and all Liabilities at law or in equity, whether actual,alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relateto the acts or omissions of Consultant’s subcontractor, its officers, agents, servants,

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employees, subcontractors, materialmen, consultants or their officers, agents, servantsor employees (or any entity or individual that Consultant’s subcontractor shall bear thelegal liability thereof) in the performance of this Agreement, including the Indemnitees’active or passive negligence, except for Liabilities arising from the sole negligence orwillful misconduct of the Indemnitees as determined by court decision or by theagreement of the Parties.

B. Workers’ Compensation Acts not Limiting. Consultant’s indemnificationsand obligations under this Section, or any other provision of this Agreement, shall not belimited by the provisions of any workers’ compensation act or similar act. Consultantexpressly waives its statutory immunity under such statutes or laws as to City, itsofficers, agents, employees and volunteers.

C. Insurance Requirements not Limiting. City does not, and shall not, waiveany rights that it may possess against Consultant because of the acceptance by City, orthe deposit with City, of any insurance policy or certificate required pursuant to thisAgreement. The indemnities in this Section shall apply regardless of whether or not anyinsurance policies are determined to be applicable to the Liabilities, tax, assessment,penalty or interest asserted against City.

D. Survival of Terms. Consultant’s indemnifications and obligations underthis Section shall survive the expiration or termination of this Agreement.

9. Insurance.

A. Minimum Scope and Limits of Insurance. Consultant shall procure and atall times during the term of this Agreement carry, maintain, and keep in full force andeffect, insurance as follows:

1) Commercial General Liability Insurance with a minimum limit of$1,000,000.00 per occurrence for bodily injury, personal injury and property damageand a general aggregate limit of $1,000,000.00 per project or location. If Consultant is alimited liability company, the commercial general liability coverage shall be amended sothat Consultant and its managers, affiliates, employees, agents and other personsnecessary or incidental to its operation are insureds.

2) Automobile Liability Insurance for any owned, non-owned or hiredvehicle used in connection with the performance of this Agreement with a combinedsingle limit of $1,000,000.00 per accident for bodily injury and property damage. IfConsultant does not use any owned, non-owned or hired vehicles in the performance ofServices under this Agreement, Consultant shall obtain a non-owned auto endorsementto the Commercial General Liability policy required under subparagraph A.1) of thisSection.

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3) Workers’ Compensation Insurance as required by the State ofCalifornia and Employer’s Liability Insurance with a minimum limit of $1,000,000.00 peraccident for bodily injury or disease. If Consultant has no employees while performingServices under this Agreement, workers’ compensation policy is not required, butConsultant shall execute a declaration that it has no employees.

4) Professional Liability/Errors and Omissions Insurance withminimum limits of $1,000,000.00 per claim and in aggregate.

B. Acceptability of Insurers. The insurance policies required under this Sectionshall be issued by an insurer admitted to write insurance in the State of California with arating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide.Self-insurance shall not be considered to comply with the insurance requirementsunder this Section.

C. Additional Insured. The commercial general and automobile liabilitypolicies shall contain an endorsement naming City, its officers, employees, agents andvolunteers as additional insureds.

D. Primary and Non-Contributing. The insurance policies required under thisSection shall apply on a primary non-contributing basis in relation to any other insuranceor self-insurance available to City. Any insurance or self-insurance maintained by City,its officers, employees, agents or volunteers, shall be in excess of Consultant’sinsurance and shall not contribute with it.

E. Consultant’s Waiver of Subrogation. The insurance policies required underthis Section shall not prohibit Consultant and Consultant’s employees, agents orsubcontractors from waiving the right of subrogation prior to a loss. Consultant herebywaives all rights of subrogation against City.

F. Deductibles and Self-Insured Retentions. Any deductibles or self-insuredretentions must be declared to and approved by City. At City’s option, Consultant shalleither reduce or eliminate the deductibles or self-insured retentions with respect to City,or Consultant shall procure a bond guaranteeing payment of losses and expenses.

G. Cancellations or Modifications to Coverage. Consultant shall not cancel,reduce or otherwise modify the insurance policies required by this Section during theterm of this Agreement. The commercial general and automobile liability policies requiredunder this Agreement shall be endorsed to state that should the issuing insurer cancelthe policy before the expiration date, the issuing insurer will endeavor to mail 30 days’prior written notice to City. If any insurance policy required under this Section is canceledor reduced in coverage or limits, Consultant shall, within two Business Days of noticefrom the insurer, phone, fax or notify City via certified mail, return receipt requested, ofthe cancellation of or changes to the policy.

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H. City Remedy for Noncompliance. If Consultant does not maintain thepolicies of insurance required under this Section in full force and effect during the termof this Agreement, or in the event any of Consultant’s policies do not comply with therequirements under this Section, City may either immediately terminate this Agreementor, if insurance is available at a reasonable cost, City may, but has no duty to, take outthe necessary insurance and pay, at Consultant’s expense, the premium thereon.Consultant shall promptly reimburse City for any premium paid by City or City maywithhold amounts sufficient to pay the premiums from payments due to Consultant.

I. Evidence of Insurance. Prior to the performance of Services under thisAgreement, Consultant shall furnish the City Clerk with a certificate or certificates ofinsurance and all original endorsements evidencing and effecting the coveragesrequired under this Section. The endorsements are subject to City’s approval.Consultant may provide complete, certified copies of all required insurance policies toCity. Consultant shall maintain current endorsements on file with the City Clerk.Consultant shall provide proof to the City Clerk that insurance policies expiring duringthe term of this Agreement have been renewed or replaced with other policies providingat least the same coverage. Consultant shall furnish such proof at least two weeks priorto the expiration of the coverages.

J. Indemnity Requirements not Limiting. Procurement of insurance byConsultant shall not be construed as a limitation of Consultant’s liability or as fullperformance of Consultant’s duty to indemnify City under Section 8 of this Agreement.

K. Subcontractor Insurance Requirements. Consultant shall require each ofits subcontractors that perform Services under this Agreement to maintain insurancecoverage that meets all of the requirements of this Section.

10. Mutual Cooperation.

A. City’s Cooperation. City shall provide Consultant with all pertinent Data,documents and other requested information as is reasonably available for Consultant’sproper performance of the Services required under this Agreement.

B. Consultant’s Cooperation. In the event any claim or action is broughtagainst City relating to Consultant’s performance of Services rendered under thisAgreement, Consultant shall render any reasonable assistance that City requires.

11. Records and Inspections. Consultant shall maintain complete and accuraterecords with respect to time, costs, expenses, receipts, correspondence, and other suchinformation required by City that relate to the performance of the Services. All suchrecords shall be maintained in accordance with generally accepted accountingprinciples and shall be clearly identified and readily accessible. Consultant shall providefree access to City, its designees and representatives at reasonable times, and shallallow City to examine and audit the books and records, to make transcripts therefrom asnecessary, and to inspect all work, data, documents, proceedings and activities related

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to this Agreement. Such records, together with supporting documents, shall bemaintained for a period of three years after receipt of final payment.

12. Termination of Agreement.

A. Right to Terminate. City may terminate this Agreement at any time, at will,for any reason or no reason, after giving written notice to Consultant at least fivecalendar days before the termination is to be effective. Consultant may terminate thisAgreement at any time, at will, for any reason or no reason, after giving written notice toCity at least 60 calendar days before the termination is to be effective.

B. Obligations upon Termination. Consultant shall cease all work under thisAgreement on or before the effective date of termination specified in the notice oftermination. In the event of City’s termination of this Agreement due to no fault or failureof performance by Consultant, City shall pay Consultant based on the percentage ofwork satisfactorily performed up to the effective date of termination. In no event shallConsultant be entitled to receive more than the amount that would be paid to Consultantfor the full performance of the Services required by this Agreement. Consultant shallhave no other claim against City by reason of such termination, including any claim forcompensation.

13. Force Majeure. Consultant shall not be liable for any failure to perform itsobligations under this Agreement if Consultant presents acceptable evidence, in City’ssole judgment, that such failure was due to acts of God, embargoes, inability to obtainlabor or materials or reasonable substitutes for labor or materials, governmentalrestrictions, governmental regulations, governmental controls, judicial orders, enemy orhostile governmental action, civil commotion, fire or other casualty, or other causesbeyond Consultant’s reasonable control and not due to any act by Consultant.

14. Default.

A. Consultant’s failure to comply with the provisions of this Agreement shallconstitute a default. In the event that Consultant is in default for cause under the termsof this Agreement, City shall have no obligation or duty to continue compensatingConsultant for any work performed after the date of default.

B. In addition to the right to terminate pursuant to Section 12, if the CityManager determines that Consultant is in default in the performance of any of the termsor conditions of this Agreement, City shall serve Consultant with written notice of thedefault. Consultant shall have ten calendar days after service upon it of the notice inwhich to cure the default by rendering a satisfactory performance. In the event thatConsultant fails to cure its default within such period of time, City may, notwithstandingany other provision of this Agreement, terminate this Agreement without further noticeand without prejudice to any other remedy to which it may be entitled at law, in equity orunder this Agreement.

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15. Notices. Any notice, consent, request, demand, bill, invoice, report or othercommunication required or permitted under this Agreement shall be in writing andconclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery bycourier service during Consultant’s and City’s regular business hours, or (c) threeBusiness Days after deposit in the United States mail, by first class mail, postageprepaid, and addressed to the Party to be notified as set forth below:

If to City: If to Consultant:

Attn: Rachel Barbosa Attn: Claire MurphyCity of South El Monte Phoenix Group Information Systems1415 Santa Anita Avenue 2670 N Main Street, Suite #200South El Monte, California 91733 Santa Ana, California 92705Telephone: (626) 579-6540 Telephone: (714) 460-7200Email: rbarbosa@soelmonte.org Email: clientrelations@phxgis.com

With a courtesy copy to:

Michael Estrada, City Attorney Richards, Watson &Gershon355 South Grand Avenue, 40th FloorLos Angeles, CA 90071Telephone: (213) 626-8484Email: mestrada@rwglaw.com

16. Non-Discrimination and Equal Employment Opportunity. In the performanceof this Agreement, Consultant shall not discriminate against any employee,subcontractor or applicant for employment because of race, color, religious creed, sex,gender, gender identity, gender expression, marital status, national origin, ancestry,age, physical disability, mental disability, medical condition, genetic information, sexualorientation or other basis prohibited by law. Consultant will take affirmative action toensure that subcontractors and applicants are employed, and that employees are treatedduring employment, without regard to their race, color, religious creed, sex, gender,gender identity, gender expression, marital status, national origin, ancestry, age,physical disability, mental disability, medical condition, genetic information or sexualorientation.

17. Prohibition of Assignment and Delegation. Consultant shall not assign any ofits rights or delegate any of its duties under this Agreement, either in whole or in part,without City’s prior written consent. City’s consent to an assignment of rights under thisAgreement shall not release Consultant from any of its obligations or alter any of itsprimary obligations to be performed under this Agreement. Any attempted assignmentor delegation in violation of this Section shall be void and of no effect and shall entitleCity to terminate this Agreement. As used in this Section, “assignment” and“delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer

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of all or any portion of the rights, obligations, or liabilities in or arising from this Agreementto any person or entity, whether by operation of law or otherwise, and regardlessof the legal form of the transaction in which the attempted transfer occurs.

18. No Third-Party Beneficiaries Intended. This Agreement is made solely for thebenefit of the Parties to this Agreement and their respective successors and assigns,and no other person or entity may have or acquire a right by virtue of this Agreement.

19. Waiver. No delay or omission to exercise any right, power or remedy accruing toCity under this Agreement shall impair any right, power or remedy of City, nor shall it beconstrued as a waiver of, or consent to, any breach or default. No waiver of anybreach, any failure of a condition, or any right or remedy under this Agreement shall be(1) effective unless it is in writing and signed by the Party making the waiver,(2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, orright or remedy, or (3) deemed to constitute a continuing waiver unless the writingexpressly so states.

20. Final Payment Acceptance Constitutes Release. The acceptance byConsultant of the final payment made under this Agreement shall operate as and be arelease of City from all claims and liabilities for compensation to Consultant for anythingdone, furnished or relating to Consultant’s work or services. Acceptance of paymentshall be any negotiation of City’s check or the failure to make a written extracompensation claim within ten calendar days of the receipt of that check. However,approval or payment by City shall not constitute, nor be deemed, a release of theresponsibility and liability of Consultant, its employees, subcontractors and agents forthe accuracy and competency of the information provided and/or work performed; norshall such approval or payment be deemed to be an assumption of such responsibilityor liability by City for any defect or error in the work prepared by Consultant, itsemployees, subcontractors and agents.

21. Corrections. In addition to the above indemnification obligations, Consultantshall correct, at its expense, all errors in the work which may be disclosed during City’sreview of Consultant’s report or plans. Should Consultant fail to make such correctionin a reasonably timely manner, such correction may be made by City, and the costthereof shall be charged to Consultant. In addition to all other available remedies, Citymay deduct the cost of such correction from any retention amount held by City or maywithhold payment otherwise owed Consultant under this Agreement up to the amount ofthe cost of correction.

22. Non-Appropriation of Funds. Payments to be made to Consultant by City forservices performed within the current fiscal year are within the current fiscal budget andwithin an available, unexhausted fund. In the event that City does not appropriatesufficient funds for payment of Consultant’s services beyond the current fiscal year, thisAgreement shall cover payment for Consultant’s services only to the conclusion of the

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last fiscal year in which City appropriates sufficient funds and shall automaticallyterminate at the conclusion of such fiscal year.

23. Exhibits. Exhibits A and B constitute a part of this Agreement and areincorporated into this Agreement by this reference. If any inconsistency exists or arisesbetween a provision of this Agreement and a provision of any exhibit, or between aprovision of this Agreement and a provision of Consultant’s proposal, the provisions ofthis Agreement shall control.

24. Entire Agreement and Modification of Agreement. This Agreement and allexhibits referred to in this Agreement constitute the final, complete and exclusivestatement of the terms of the agreement between the Parties pertaining to the subjectmatter of this Agreement and supersede all other prior or contemporaneous oral orwritten understandings and agreements of the Parties. No Party has been induced toenter into this Agreement by, nor is any Party relying on, any representation or warrantyexcept those expressly set forth in this Agreement. This Agreement may not be amended,nor any provision or breach hereof waived, except in a writing signed by both Parties.

25. Headings. The headings in this Agreement are included solely for convenienceof reference and shall not affect the interpretation of any provision of this Agreement orany of the rights or obligations of the Parties to this Agreement.

26. Word Usage. Unless the context clearly requires otherwise, (a) the words “shall,”“will” and “agrees” are mandatory and “may” is permissive; (b) “or” is not exclusive; and(c) “includes” or “including” are not limiting.

27. Time of the Essence. Time is of the essence in respect to all provisions of thisAgreement that specify a time for performance; provided, however, that the foregoingshall not be construed to limit or deprive a Party of the benefits of any grace or useperiod allowed in this Agreement.

28. Business Days. “Business Days” means days South El Monte City Hall is openfor business.

29. Governing Law and Choice of Forum. This Agreement, and any disputearising from the relationship between the Parties to this Agreement, shall be governedby and construed in accordance with the laws of the State of California, except that anyrule of construction to the effect that ambiguities are to be resolved against the draftingparty shall not be applied in interpreting this Agreement. Any dispute that arises underor relates to this Agreement (whether contract, tort or both) shall be resolved in asuperior court with geographic jurisdiction over the City of South El Monte.

30. Attorneys’ Fees. In any litigation or other proceeding by which a Party seeks toenforce its rights under this Agreement (whether in contract, tort or both) or seeks adeclaration of any rights or obligations under this Agreement, the prevailing Party shall

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be entitled to recover all attorneys’ fees, experts’ fees, and other costs actually incurredin connection with such litigation or other proceeding, in addition to all other relief towhich that Party may be entitled.

31. Severability. If a court of competent jurisdiction holds any provision of thisAgreement to be illegal, invalid or unenforceable for any reason, the validity of andenforceability of the remaining provisions of this Agreement shall not be affected andcontinue in full force and effect.

32. Counterparts. This Agreement may be executed in multiple counterparts, all ofwhich shall be deemed an original, and all of which will constitute one and the sameinstrument.

33. Corporate Authority. Each person executing this Agreement on behalf of his orher Party warrants that he or she is duly authorized to execute this Agreement on behalfof that Party and that by such execution, that Party is formally bound to the provisions ofthis Agreement.

[SIGNATURE PAGE FOLLOWS]

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The Parties, through their duly authorized representatives are signing thisAgreement on the date stated in the introductory clause.

City:

City of South El Monte,a California municipal corporation

By:Name: Rachel BarbosaTitle: Interim City Manager

ATTEST:

By:Name: Rose JuarezTitle: City Clerk

APPROVED AS TO FORM:

By:Name: Michael EstradaTitle: City Attorney

Consultant:

Phoenix Group Information Systems,a California Corporation

By:Name: Claire MurphyTitle: Executive Vice President

By:Name:Title:

PROOF OF AUTHORITY TO BIND CONTRACTINGPARTY REQUIRED

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EXHIBIT ASCOPE OF SERVICES

PHOENIX GROUP Information Systems, a California Corporation Date: 2/27/2019 2670N. Main Street, Suite 200Santa Ana, CA 92705(Hereinafter referred to as “PHX”)

Agrees to provide to:

City of South El Monte1415 N. Santa Anita Avenue SouthEl Monte, CA 91733(Hereinafter referred to as “AGENCY”)

Ongoing Citation Processing and adding Administration Citation Processing in accordancewith the following terms and conditions:

PARKING CITATIONS

1.0 PROCESSING SERVICES PROVIDEDPHX shall receive from the AGENCY and process parking citations issued to California andout-of-state vehicles. PHX will provide the AGENCY with a citation processing managementsystem and access to the database using the Internet and Wincite.net.

a.1 Citation referral and Reconciliation: The AGENCY will forward citations to PHX daily orweekly via electronic communication or hard copy. Statistics reporting will provide detail ofthe information received by issue date. The AGENCY will also include payment informationas well as cancellations, dismissals, voids, corrections and/or other relevant informationpertaining to the citation(s) status. PHX will update the AGENCY on a monthly basis regardingstatus of payment updates. The AGENCY may also update to the database remotely.

a.2 Registered Owner Information: PHX will be responsible for maintaining on-linecommunications with the California DMV. This communication is required as part of thisagreement to request registered owner information. Further, PHX will be responsible forcommunicating and purchasing registration information with DMV offices out-of- state. If PHXis unable to obtain the information necessary, the citation may be returned to AGENCY forresearch and follow up.

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a.3 Delinquent Notices: PHX will generate and mail the notices for citations that have beenreferred to PHX by AGENCY. The mailed notice will include:

• citation number• date and time of issuance• violation and description• the amount of fine/fee due• how to pay the citation and• return address for payment

a.4 Notices: Notices are sent to the owner that DMV has on record at the time the citation iswritten.

2.0 PAYMENT PROCESSINGAll payments processed by PHX will be based on the directions and instructions provided bythe Agency. Details of the process may change as needed and will be directed by the AGENCY.Payment processing and deposits will be made within 24 - 48 hours of receipt of payment.The monies will be deposited into an account controlled by the Agency. PHX will makedeposits on behalf of the AGENCY for payments received by PHX. All payments collected byAGENCY will be entered remotely or reported to PHX by AGENCY.

2.1 Revenue Reporting: PHX will forward revenue reports to balance the deposits for themonth. The reports will list all citations paid by citation number and all deposits made by day.

2.2 Changes to Payment Processing ProceduresThe AGENCY retains the right to change the banking procedure. Changes to the procedureswill be negotiated with PHX to the extent that the banking procedures remain within thescope of services provided by PHX. Changes to the process will be finalized in writingbetween the AGENCY and PHX.

2.3 Credit Card PaymentsCredit Card processing: PHX will provide the option for the public to pay citations throughCredit Cards processing by telephone or Internet. The Violator may select credit card paymentto Discover, Master Card, Visa, or AMX. The system will provide real time access to thecitation data, including the balance due. The Secure site will verity the credit card, approvethe payment and update the citation record in real time. The violator is charged a conveniencefee of $3.95 or 3.25%, whichever is greater, that is retained by Phoenix Group for processingand merchant fees. The violator is instructed on how much to pay for the citation and howmuch they are charged as a convenient fee and alternative methods for payment. NOadditional costs are passed on to the AGENCY.

The credit card option will be set up and maintained by Phoenix Group with no additionalcosts charged to the County. The services include:

a. Set up a custom header and footer page based on graphics approved by theAgency

b. All merchant feesc. Internet security and website fees

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3.1 ONLINEINQUIRYSystem inquiry will provide to the AGENCY:

• Electronic facsimile of the original citation• All citation information, including VIN.• Current status of the citation, DMV inquiry, holds, and release information.• Delinquent notice information, due date, mailing date.• Administrative review, hearing court appeals, and disposition information.• Payment information, including all date, amounts and payment codes, and• Registered owner information.

The citation data is accessible by citation number, vehicle license number, name, or VIN number.3.1 Equipment Requirements:

AGENCY will provide a standard Personal Computer that will run Microsoft Internet Explorer6.0 or greater, and Windows 2000, Windows XP Pro or greater. PHX will provide Wincite.netto the AGENCY for citation data and reporting access. Any licensing which is required tooperate Microsoft products will be the responsibility of the AGENCY.

4.0 REMOTE DATA ENTRY4.1 Remote Data Entry: Remote data entry will be provided through the Internet, using InternetExplorer and Wincite.net. Each operator would be set up with a unique password and SecurityLevel. Individual function levels will include view only, edit, add and dismiss/void capabilities.

4.2 User accounts: Accounts may be established by the AGENCY and/or PHX. Accessis limited to employees of the AGENCY only. This limitation specifically excludes contractorsand/or consultants. Exceptions to the limitation must be approved in writing by PHX.

5.1 REPORTINGPHX will supply AGENCY with electronic monthly reporting. The reports will be supplied tothe AGENCY in a PDF format available for access using Adobe Reader with the option toexport to Excel. The reports will include at least the following:

A. Officer Summary ReportB. Officer Summary Y-T-D Monthly RecapC. Void/Dismiss ReportD. Habitual Offender Hot Sheet ReportE. Habitual Offender Detail ReportF. DMV Monthly ReportsG. Out of State Revenue Detail ReportH. Revenue Collection Detail ReportI. Daily Deposit ReportJ. Revenue Distribution (Surcharge) Report

The production/management reports will be reviewed with AGENCY to establish the monthlyreports required to provide adequate Information and detail. The monthly production reportschedule may change as needed. Reporting information is also provided to the AGENCY inExcel formats.

Phoenix Group Information Systems Service Agreement Phone: (714) 460-7200clientrelations@phxgis.com

6.0 HAND HELD TICKET WRITING EQUIPMENT – WINCITE MOBILE

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The AGENCY may incorporate the purchase, lease and/or installation of Enforcement hardwareand software at any time during this agreement. The inclusion of any handheld ticket writingequipment by PHX to AGENCY shall be on a monthly basis, and may be terminated by eitherparty upon thirty (60) days written notice. Costs for the hardware and software will be quotedin advance and approved in writing by the City before installation or any charges to the city.

7.0 SURCHARGES It is the responsibility of the AGENCY to outline the surcharges that requiremonthly reporting to PHX. PHX will provide the monthly surcharge disbursement report to theAGENCY as part of the monthly reports as identified in Section 5. The AGENCY will make alldisbursements to the County.

8.0 OWNERSHIP OF SOFTWAREAgency acknowledges that the software and software programs used by the AGENCY weredeveloped by PHX and PHX is the sole property owner. AGENCY obtains no right or interestin the software by virtue of this agreement.

9.0 DATA RETENTION POLICY9.1 Computer data files: Data will be removed/archived from the system every July. Data archivedfrom the system will be retained by PHX on electronic copy and it will be retained from 24months from the date of archival. The AGENCY has the option to receive a copy of the dataon electronic copy per request of the AGENCY. Criteria for removal/archival of data will be:

Closed citations: Any citation date older than 18 months, and has been closed for a periodof one year.Open citations: Any citations open that is not on DMV hold, and older than 24 months. Regardlessof age open citations that are on DMV files with a hold on the registration will remain on thesystem until DMV clears the citation.

9.2 Hard copy data: Hard copy files will be returned to the AGENCY twice a year whichwill contain citations older than six months old. For example citation hard copies from January-June will be returned to the AGENCY the next January. These files will consist of theoriginal citations and payment receipts. PHX will provide computer generated citation data forcitations on the system provided they have not been archived to electronic copy.

10.0 TERM AND RENEWALS:Exhibits. Exhibits A and B constitute a part of this Agreement and are incorporated into thisAgreement by this reference. If any inconsistency exists or arises between a provision of thisAgreement and a provision of any exhibit, or between a provision of this Agreement and a provisionof Consultant’s proposal, the provisions of this Agreement shall control.

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10.1 Ownership of Data: All citations, electronic and handwritten; reports; electronic media,and any other documents, including copies and reproductions assembled or prepared byPHX employees, agents, officers; in connection with the Agreement shall be the property ofthe AGENCY and shall be delivered to the AGENCY upon either the completion of this Agreement or the termination of this Agreement.

10.2 Exclusivity: AGENCY agrees to utilize only the services of PHX during the term of thisagreement for the processing of citations. AGENCY also agrees during the term of agreementto not directly or indirectly assist a competitor of PHX in the performance of the servicesprovided by PHX under this agreement, and not to divulge the trade secrets or property of PHXto any unauthorized person or entity. This Non-Disclosure obligation shall survive the terminationof this agreement.

10.3 Books and Records: PHX will maintain adequate books and records for parking citationsforwarded to PHX for processing. Upon two week prior notice, such books or records, relatedprocessing data, and AGENCY bank records shall be available for inspection or audit byAGENCY at PHX’s location during regular working hours.

11.0 LIMITATION OF LIABILITY

PHX’s sole liability to AGENCY or any third party for claims, regardless of form, arising out oferrors or omissions in the services provided, shall be to furnish a correct report or data andto correct AGENCY files, provided that AGENCY promptly advised PHX thereof. PHX shallnot have any liability under this Agreement for any money damages resulting from claims madeby AGENCY for the unavailable services or for errors, omissions, interruptions or delays in theservices provided.

12.0 INSURANCEPHX shall procure and maintain for the durations of the contract the following insurance againstclaims for injuries to persons or damages of property, which may arise from or in connection withthe performance of the Contract by PHX, his agents, representatives, employees orsubcontractors:

d. General Liability: $1,000,000 combined single limit for each occurrence.e. Workers’ Compensation as required by the Labor Code of the State of California.

13.0CONFIDENTIAL/FILESECURITYReasonable security provisions will be provided by PHX to insure the access to AGENCY computerrecords and files will be available only to AGENCY. PHX cannot guarantee against loss oralteration of computer records, but will take reasonable precautions to prevent suchoccurrences. PHX will hold all AGENCY data in strict confidence and shall not provide anydata to any other party unless directed by AGENCY in writing or as ordered by any LawfulAgency.

14.0SECTION HEADINGS

Section headings appearing in this Agreement are inserted for convenience of referenceonly and shall not be construed to be interpretations of text.

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15.0 MISCELLANEOUS15.1 This Agreement shall be governed and construed in accordance with the laws of theState of California.

15.2 The waiver of any breach of any provision of this Agreement shall not constitute awaiver of any subsequent breach of the same or other provisions of this agreement.

15.3 If any provision of this Agreement shall not be enforceable, the remainder of thisAgreement shall remain in full force.

15.4 All provision of this Agreement shall be binding upon both parties.

15.5 The Agreement contains the entire understanding between PHX and AGENCY with respectto citation processing, and upon the commencement date, supersedes and replaces all prioragreements, negotiations, proposals, or representations regarding warranty or Services.

15.6 PHX agrees that it is an independent contractor and that its officers and employees arenot employees of AGENCY, not are they entitled to any benefits as AGENCY employees as aresult of the execution of this contract.

16. COMMENCEMENT OF WORKWork shall not commence under the Contract until a fully executed agreement has beenreceived by PHX and PHX has been given approval to proceed.

17.0 PARKING CITATIONMANAGEMENT COSTS

Monthly Fee $150.00 Minimum monthly fee

Cost per handwritten $0.80 Cost per handwritten citation.

Cost per electronic citation $0.62 Cost per citation issued

Notice ofViolation /DelinquentNotice

$1.42(includesPOSTAG

E)

A notice of violation (delinquent notice) is sent afteran INDIVIDUAL received the initial citation as acourtesy reminder. If applicable, A second noticeof delinquency is sent if the payment is not madeby the initial due date. ($0.88 for notices + $0.54postage)

Out of State citations 32%Out of State processing includes any costscharged by the state for the registered owner.The percentage is only for citations that arecollected.

Credit Card Payments No ChargeA credit card processing fee of $3.95 or 3.25%,whichever is greater, will be charged to theINDIVIDUAL at no cost to the AGENCY.

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Special Custom Letter $1.25Special letters are custom notices used asfollow-up for hearing dates, review results,hearing results, collections, FTB or habitualviolations (Scofflaw). PHX will not implementprocessing special letters without the consent ofthe AGENCY.

FTB (Franchise Tax Board) 35%Franchise Tax Board Collections: ActivatedBased on age of collections.

Online Contesting $50.00

Monthly Fee - This service will provide an onlinecontesting application that provides, disputeinstructions, forms, and information as aconvenient portal to the public.

Payment Processing NoCharge

Payment processing is charged for eachpayment collected (not per citationissued)

AB503 Payment PlanProcessing

$245.00Monthly fee for the creation, processing andmonitoring of all payment plans in compliancewith legislative bill 503.

Refunds $5.00Bank account must be controlled byPHOENIX. The AGENCY will approve eachrefund in advance of disbursement.

Bank Returned Checks $10.00

Bank returned items are charged to the AGENCYin the event that the bank returns a citationpayment uncollected. These charges are usuallypassed on to the violator. There is no charge toreopen a citation.

Chargebacks $30.00If applicable, citation will be reopened and feewill be added to the citation as anadministrative fee.

Hardware/SoftwareMaintenance

$160.00Remote support and follow-up trainingConfiguration adjustments on bothhardware and software interfacesInterface, mediation and correspondence withhardware providers and repair facilities.

Phoenix Group Information Systems Service Agreement Phone: (714) 460-7200clientrelations@phxgis.com

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Collection Services:

Expedited Collections 26%If bail amount is recovered after 90 days and before 14months from citation period.

Special Collections 30%Special collections: Activated Based on age of collections.

Performing & ProcessingAdmin Reviews

$6.00 perreview

PHX will provide a review examiner to complete reviews,enter the decision in the system and notify the citizen

Hearing Officer$75.00

per hour

PHX will provide an impartial hearing officer to appear atscheduled hearings, make a fair determination, enter thedecision in the system and send out the decision letter.Three-hour minimum.

Hearing Scheduling $0.00Hearings will be scheduled as directed by the City. PHX willsend out hearing schedule letters, handle reschedules andnotification to the city and the citizen.

ADMINISTRATIVE CITATIONS

Phoenix Group will provide services to process Administrative Citations issued by the

City of South El Monte.

1.0 Citation Data:All citation data, including the name and address obtained at the site of the violation

will be entered into the data system. Phoenix will provide (pre- numbered) batch

cards for tracking and controlling the citations sent to our office. Any variations

will be researched by PHX and the CITY would be notified of any discrepancies.

2.0 Fine ScheduleThe CITY will provide the Fine schedule along with associated late fees,and associated due dates.

3.1 Notice of Violation (Letters)

The notice of violation will be generated by PHX and include:

• Amount due for the violation issued,

• Applicable late fees,• How to contest the citation,

• Warning of intent to notify a Third Party Collection Agency for non-compliance.

Phoenix Group Information Systems Service Agreement Phone: (714) 460-7200clientrelations@phxgis.com

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The notice will include the information contained within the citation (i.e., citation number, violation

number, violation description and Location) and consequences for non-payment, and/or any

additional information required by the code section. The notice of violation is prepared in letter

format with a remittance return portion for payment and return envelope. Second and Final

Warning letters are mailed prior to notification to a third party Collection Agency. The letters

provided for this program include:

a) First Notice after Violation; Title: Notice of Administration Violationb) Second Notice and Warning letter after Violation; Title: Warning Collection

Notification-Final Notice

4.0 Payments

All citation payments will be made to the order of City of South El Monte. The payments will

be processed within the current guidelines established between the CITY and PHX in Section2.0 of the agreement.

Credit Card Payments: The public will be charged a convenience fee of $3.95 or 3.25% whichever

is greater for all citation payments made by Visa, Master Card, Discover, or AMEX. Noadditional costs will be charged to the CITY.

Disbursement of the citation revenue is made to the CITY the following month with detailedreporting to reflect and balance to citation activity.

CITY will have the ability to set up payment plans with violators for installments for citations.

The amount of the fine and the final due date is custom per citation and determined by the

CITY.

5.0 Website Set up

A Website for the Administrative citations will be created for obtaining citation information, makingpayments and contesting instructions. The website will be integrated with the website alreadyin place for the parking citation program. The contesting information will be directed and/or

provided by the CITY. The CITY shall be responsible to specify content updates if or when anyinformation on the website changes.

6.0 Collections and FTBIf Authorized by AGENCY, PHX will pursue INDIVIDUALS with unpaid citations that meetthe criteria of special collections and/or Franchise Tax Board collections (FTB). PHXCollections Criteria includes: Not paid, Not suspended, and in an OPEN status. PHX will mailout a delinquent letter of warning. If the citation remains unpaid PHX will use one or severalcollections efforts including but not limited to: Special Collections and/or FTB Collections.

All payment updates by FTB will be forwarded to PHX by AGENCY for updating and reporting.

Phoenix Group Information Systems Service Agreement Phone: (714) 460-7200clientrelations@phxgis.com

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7.0ADMINISTRATIVECITATIONMANAGEMENT COSTS

MonthlyFee $150.00 Minimum monthly fee

Cost per citation $1.75 Per citationprocessed

Notice of Violation$0.95 +Postage

A notice of violation letter is charged perletter for each citation that reaches thedelinquentperiod.

LettersIssued$1.25 +Postage

Cost per letter sent plus First Class Postage Rate

Payment Processing/Updates No ChargePayment processing is charged foreach payment collected (not percitation issued)

Custom Development$150.00per

hourAdditional Custom Development after/duringinitial set-up

One Time Set-Up Fee $0.00One-time fee to add base agencybusiness logic to system

Collection Services:

Expedited Collections 26%If fine amount is recovered after 90days and before 14 months fromcitation period.

Special Collections 30% Special collections: Activated Based on ageof collections.

FTB (Franchise Tax Board)35%

Franchise Tax Board Collections:Activated Based on age of collections.

Special Custom Letter$1.25

Special letters are custom notices usedas follow-up for hearing dates, reviewresults, hearing results, collections, FTBor habitual violations (Scofflaw). PHXwill not implement processing specialletters without the consent of the AGENCY.

Hearing Officer$75.00

Per hour

PHX will provide an impartial hearingofficer to appear at scheduled hearings,make a fair determination, enter thedecision in the system and send out thedecision letter. 3 hour minimum. Optional.

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Hearing Scheduling $0.00Hearings will be scheduled as directed bythe City. PHX will send out hearingschedule letters, handle reschedules and

Refunds $5.00Bank account must be controlled byPHX. The AGENCY will approve each

Chargebacks $30.00If applicable, citation will bereopened and fee will be added tothe citation as an administrative fee.

Bank Returned Checks$10.00

Bank returned items are charged to theAGENCY in the event that the bankreturns a citation payment uncollected.These charges are usually passed on to theviolator. There is no charge to reopen acitation.

8.0 CANCELLATIONAGENCY and PHX reserves the right to cancel this Agreement at any time upon ninety (90)days written notice to the other party to the address listed in this Agreement. At such time,PHX agrees to provide AGENCY with all AGENCY data plus an electronic file of all AGENCYdata.

Accepted:PHOENIXGROUPInformation Systems

SIGNATURE

TYPED OR PRINTED NAME

TITLE

DATE

Accepted:City of South El Monte

SIGNATURE

TYPED OR PRINTED NAME

TITLE

DATE

Phoenix Group Information Systems Service Agreement Phone: (714) 460-7200clientrelations@phxgis.com

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EXHIBIT BAPPROVED FEE SCHEDULE

B-1

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City Council Agenda ReportAgendaItem No.

7.g

DATE: June 25, 2019

TO: Honorable Mayor and Members of the City Council

APPROVED BY: Rachel Barbosa, Interim City Manager

APPROVED AS TO FORM: Michael Estrada, City Attorney

SUBMITTED BY: Rene Salas, Public Works Director

SUBJECT: ADOPT RESOLUTION NO. 19-47, CALLING A PUBLICHEARING FOR METRO FISCAL YEAR 2019 FEDERALSECTION 5310 PROGRAM FOR ELIGIBLE PROJECTS

SUMMARY: LA Metro has opened the project-call for the Federal Section 5310 Programthat supports Enhanced Mobility of Seniors and Individuals with Disabilities. The PublicHearing is a necessary aspect of the grant process for public input to identify potentialtransportation enhancements to our existing transportation program that supports Seniorsand Individuals with Disabilities.

RECOMMENDATION: Staff recommends that the City Council adopt Resolution No.19-47, calling a public hearing for Metro Fiscal Year 2019 Federal Section 5310 Programfor eligible projects.

FISCAL IMPACT: There is no fiscal impact associated with this action item.

DISCUSSION: The goal of the Section 5310 Enhancement Mobility of Seniors andIndividuals with Disabilities (Section 5310) Program are to improve mobility for seniorsand individuals with disabilities by removing barriers to transportation services andexpanding the transportation mobility options available when public transit is insufficient,inappropriate, or unavailable by a) exceeding the requirements of the Americans withDisabilities Act (ADA) of 1990; b) improving access to fixed route services anddecreasing reliance on complementary paratransit; and c) provide alternatives to publictransportation.

LA Metro is the agency responsible for awarding and distributing the Federal 5310 fundingprogram. Potential funded projects can include the acquisition of accessible buses or vans,

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vehicle rehabilitation or overhaul, preventative maintenance, radios and communicationequipment, vehicle wheelchair lifts, computer hardware or software, transit relatedintelligent transportation systems (ITS), dispatch systems, and fare collection systems.

City Staff is in the process of review all potential project funding opportunities to enhanceour current Transportation program for Seniors and Individuals with Disabilities. Staff willpresent the projects during the July 23, 2019 Public Hearing.

ATTACHMENTS:Resolution No. 19-47

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RESOLUTION NO. 19-47

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL CALLING FOR A PUBLIC HEARING ON JULY 23, 2019 FOR LA METRO’S FEDERAL SECTION 5310 ENHANCED MOBILITY OF SENIORS AND INDIVIDUALSWITH DISABILITIES GRANT PROGRAM

THE SOUTH EL MONTE CITY COUNCIL HEREBY RESOLVES AS FOLLOWS:

SECTION 1. The City provides transportation needs to the community, including seniors and individuals with disabilities.

SECTION 2. The City wishes to enhance transportation services for seniors and individuals with disabilities by applying for Federal 5310 grant funds administered by LA Metro.

SECTION 3. The City Council sets July 23, 2019 at 6:00 p.m. as the date and time of a public hearing as required as part of the Federal 5310 grant application process to receive input from the public on potential enhancements for the transportation program serving seniors and individuals with disabilities. The City Clerk is hereby ordered to provide notice of such public hearing as required by law.

SECTION 4. The City Council hereby authorizes and directs the City Manager to execute the Agreement for LA Metro’s Federal Section 5310 Grant Program in a form approved by the City Attorney.

SECTION 5. The City Clerk shall certify to the adoption of this Resolution No. 19-47.

PASSED, APPROVED AND ADOPTED this 25th day of June, 2019.

_____________________________Gloria Olmos, Mayor

ATTEST:

_____________________________ Rose Juarez, City Clerk

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STATE OF CALIFORNIA )COUNTY OF LOS ANGELES ) SS:CITY OF SOUTH EL MONTE )

I, Rose Juarez, City Clerk of the City of South El Monte, hereby certify that the foregoing Resolution, being Resolution No. 19-47 was duly passed and approved by the City Council at a regular meeting of said Council held on the 25th day of June, 2019 and that said Resolution was adopted by the following vote:

AYES:NOES:ABSENT:ABSTAIN:

_____________________________ Rose Juarez, City Clerk

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City Council Agenda ReportAgendaItem No.

7.h

DATE: June 25, 2019

TO: Honorable Mayor and Members of the City Council

APPROVED BY: Rachel Barbosa, Interim City Manager

APPROVED AS TO FORM: Michael Estrada, City Attorney

SUBMITTED BY: Diana Lopez, Personnel Analyst

SUBJECT: ADOPT RESOLUTION NO. 19-48, AN AMENDED ANDRESTATED EMPLOYMENT AGREEMENT BETWEENTHE CITY OF SOUTH EL MONTE AND ROSE JUAREZ

SUMMARY: The Employment Agreement between the City of South El Monte and CityClerk, Rose Juarez is for the period beginning July 1, 2019 and ending June 30, 2022.

RECOMMENDATION: Staff recommends that the City Council adopt Resolution No.19-48, approving an amended and restated Employment Agreement between the City ofSouth El Monte and Rose Juarez, City Clerk.

FISCAL IMPACT: The fiscal impact will be accounted for in the 2019-2020 fiscal yearbudget as well as the 2020-2021 and 2021-2022 fiscal year budgets. Funds are availableto administer the terms of the agreement.

DISCUSSION: The City and the City Clerk, Rose Juarez have come to an agreementbased on negotiations regarding the previous 2016 Amendment to the AmendedEmployment Agreement. The attached Amendment No. 2 reflects the changes that havebeen made. On June 11, 2019, the Council approved the following changes:

- Effective July 1, 2019, the City shall pay the City Clerk for the performance of her duties, agross monthly salary of $9,722.66, less any legally required deductions.-Effective July 1, 2020, the gross monthly salary shall be $10,208.79.-Effective July 1, 2021, the gross monthly salary shall be $10,719.23.-Effective July 1, 2019, the City Clerk will begin receiving an auto allowance of $400.00 permonth.

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-Effective, July 1,2019, at no cost to the City Clerk, the City shall provide her with the use ofa City-owned cellular phone.

Except as set forth in Amendment No. 2 to the amended agreement, all other terms andprovisions of the 2013 Agreement shall remain in full force and effect.

ATTACHMENTS:Attachment A - Resolution No. 19-48

Attachment B - Amendment No. 2 to City Clerk Agreement

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RESOLUTION NO. 19-48

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL APPROVING AN AMENDMENT TO THE EMPLOYMENT AGREEMENT BETWEEN THE CITY OF SOUTH EL MONTE AND CITY CLERK ROSE JUAREZ

THE SOUTH EL MONTE CITY COUNCIL HEREBY RESOLVES AS FOLLOWS:

SECTION 1. Rose Juarez has been employed as the South El Monte City Clerk pursuant to a series of employment agreements, the most recent of which is that certain amended and restated employment agreement (“2016-2019 Agreement”) that expires on June 30, 2019.

SECTION 2. The South El Monte City Council would like to extend the terms and conditions of the 2016-2019 Amended Agreement to June 30, 2022 and to increase the Employee’s base monthly salary.

SECTION 3. The South El Monte City Council would like to provide the City Clerk with a $400.00 per month auto allowance, effective July 1, 2019.

SECTION 4. The South El Monte City Council would like to provide the City Clerk with a City-owned cellular phone, at no cost to the Employee, effective July 1, 2019.

SECTION 5. The City Council hereby authorizes and directs the Mayor to execute the Agreement in substantially the form attached as Attachment B to the June 25, 2019 staff report accompanying this Resolution. The City Council further directs the City Manager to take all actions necessary to effectuate Agreement.

SECTION 6. The Deputy City Clerk shall certify to the passage and adoption of this resolution.

PASSED, APPROVED AND ADOPTED this 25th day of June 2019.

_____________________________ Gloria Olmos, Mayor

ATTEST:

___________________________ Paola Lara, Deputy City Clerk

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STATE OF CALIFORNIA )COUNTY OF LOS ANGELES ) SS:CITY OF SOUTH EL MONTE )

I, Paola Lara, Deputy City Clerk of the City of South El Monte, do hereby certify that the foregoing Resolution, being Resolution No. 19-48 was duly passed and approved by the South El Monte City Council at a regular meeting of said Council held on the 25th day of June 2019 and that said Resolution was adopted by the following vote:

AYES: NOES: ABSENT: ABSTAIN:

______________________________

Paola Lara, Deputy City Clerk

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1

AMENDMENT NO. 2 TO THE AMENDED ANDRESTATED EMPLOYMENT AGREEMENT BETWEENTHE CITY OF SOUTH EL MONTE AND ROSE JUAREZ

THIS AMENDMENT NO. 2 to the AMENDED AND RESTATED EMPLOYMENTAGREEMENT ("Agreement") is made and entered into June 25, 2019 by and between the Cityof South El Monte, a municipal corporation ("City") and Rose Juarez ("Employee"). In this Amendment, City and Employee are referred to collectively as "the parties."

R E C I T A L S

A. The City hired Employee as Acting City Clerk on August 12, 2009 per anemployment agreement ("2009 Agreement").

B. On October 26, 2010, the parties agreed to an Amendment 1 to the 2009Agreement, which extended the ending date of the term of the 2009 Agreement from January 31,2010 to October 31, 2011.

C. Effective July 10,2012, the parties entered into that certain amended and restatedemployment agreement (''2012 Agreement") extending the ending date of the term of the 2009Agreement to September 30, 2014; increasing Employee's base monthly salary to $5,488.35, increasing Employee's severance pay to six month's salary; providing for a salary increase inAugust 2012; and setting forth benefits.

D. Effective December 10, 2013, the parties entered into that certain amended andrestated employment agreement ("2013 Agreement") extending the ending date of the term ofthe 2012 Agreement to June 30, 2016; increasing Employee's base monthly salary to $6,454.28,effective July 1,2013, and making certain other changes.

E. Effective July 26, 2016, the parties entered into that certain amended and restatedemployment agreement ("2016 Agreement") extending the ending date of the term of the 2013Agreement to June 30, 2019; increasing Employee's base monthly salary to $8,728.14, effectiveJuly 1,2016, and making certain other changes.

F. The parties wish to extend the ending date of the term of the 2016 Agreement toJune 30, 2022 and to increase Employee's base monthly salary as set forth below.

NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, theparties agree as follows:

Section 1. The term of the 2016 Agreement and Employee's employment with theCity is hereby extended to June 30, 2022.

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2

Section 2. Effective July 1, 2019, City shall pay Employee for the performance of herduties under this Agreement a gross monthly salary of $9,722.66, less any legally requireddeductions. Effective July 1, 2020, City shall pay Employee for the performance of her dutiesunder this Agreement a gross monthly salary of $10,208.79, less any legally required deductions.Effective July 1, 2021, City shall pay Employee for the performance of her duties under thisAgreement a gross monthly salary of $10,719.23, less any legally required deductions.

Section 3. Section 7.N. will be added to the 2013 Agreement and is amended toread as follows:

"N. Cellular Phone. At no cost to Employee, City shall provide Employee with theuse of a City-owned cellular phone. Employee shall reimburse City for all cell phone chargesincurred for personal use not related to the performance of her job.”

Section 4. Section 7.O. will be added to the 2013 Agreement and is amended toread as follows:

“O. Automobile Allowance.

(1) City shall provide to Employee a monthly automobile allowance of $400.Such amount is designed to reimburse Employee for all costs associated with the useof Employee 's automobile for City business, including but not limited to all applicablecosts of automobile liability insurance,maintenance,operating expenses, depreciation andinterest.

(2) Employee shall maintain all records required by applicable California andfederal law concerning use of such automobile , including without limitation records tosubstantiate personal and City-related use of such automobile.

(3) Employee shall maintain automobile liability insurance policy with $100,000/300,000/50,000 maximum coverage, combined single limit coverage againstany injury, death, loss or damage as a result of wrongful or negligent acts arising out of theoperation of the automobile. Unless otherwise required by the City, Employee willmaintain 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 greatercoverage 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 containinggreater coverage is higher than the premium cost of his insurance policy, City shall paythe difference. Employee shall name City, and its Council members, officials andemployees 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 theinsurance coverage shall not be canceled, reduced or otherwise modified by Employee orby Employee 's insurance carrier without at least 30 days prior written notice, served onCity personally by said insurance company.”

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3

Section 5. Except as set forth herein, all other terms and provisions of the 2013Agreement, as previously amended by Amendment No. 1, shall remain in full force and effect.

CITY OF SOUTH EL MONTE (City) ROSE JUAREZ (Employee)

Gloria Olmos, Mayor

ATTEST:

APPROVED AS TO FORM:

Rachel Barbosa, Interim City Manager Michael Estrada, City Attorney

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City Council Agenda ReportAgendaItem No.

7.i

DATE: June 25, 2019

TO: Honorable Mayor and Members of the City Council

APPROVED BY: Rachel Barbosa, Interim City Manager

APPROVED AS TO FORM: Michael Estrada, City Attorney

SUBMITTED BY: Andres Gonzalez, Senior Services Supervisor

SUBJECT: ADOPT RESOLUTION NO. 19-50 RE-APPROVING THECITY OF SOUTH EL MONTE’S TITLE VI PROGRAMUPDATE TO SATISFY FEDERAL TRANSITADMINISTRATION (FTA)

SUMMARY: On November 13, 2013, the City Council approved the City’s Title VIProgram. On September 13, 2016, the City Council reapproved the City’s Title VI program.The City's Title VI Program was created to establish guidelines to effectively monitor andensure that City’s services meet the requirements set forth in the FTA Title Circular,4702.1B. Per FTA requirements, it is necessary to reapprove and submit the FTA Title VIReport every three years. To ensure compliance with the FTA's Title VI Circular, 4702.1B, itis necessary that the City Council reaffirm that the guidelines set forth in the City's Title VIProgram satisfy Title VI requirements by reapproving the City's Title VI Program.

RECOMMENDATION: Staff recommends that the City Council adopt Resolution No.19-50 re-approving the City's Title VI Program to reaffirm that the City meets therequirements set forth in the FTA's Title VI Circular 4702.1B.

FISCAL IMPACT: None

DISCUSSION: The FTA Title VI is a Federal statute that states "no person shall, on thegrounds of race, color, or national origin, be excluded from participation in, be denied thebenefits of, or be subjected to discrimination under any program or activity receivingFederal financial assistance." The program serves to prohibit recipients of Federalfinancial assistance from discriminating on the basis of race, color, or national origin intheir programs or activities, and obligates Federal funding agencies to enforcecompliance.

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To be compliant with Title VI, recipients must satisfy the following requirements:

1. Notify Beneficiaries of Protections Under Title VI a. The City informs members of the public of their Title VI protection rights by postingbilingual Civil Rights Notice at various locations.2. Develop Title VI Complaint Procedures and Complaint Form a. The City has made these forms available to the public by incorporating complaintforms and notices on the City's website.3. Record and Report Transit-Related Title VI Investigations, Complaints, and Lawsuits a. The City will maintain a list of Title VI investigations, complaints, and lawsuits andinclude said list in the City's Title VI Submitted to FTA every three years. 4. Promote Inclusive Public Participation a. The City promotes inclusive Public Participation by encouraging the public toparticipate in the City's decision-making process by attending City meetings. All itemspertaining to City meetings are posted online on the City website and copies can berequested at City Hall. 5. Provide Meaningful Access to Limited English Proficient (LEP) Persons a. The City has provided LEP Persons meaningful access by providing said personswith bilingual oral and written language services.6. Minority Representation on Planning and Advisory Bodies a. The City encourages participation of minorities on bodies that make decisionsregarding transportation.7. Provide Additional Information upon Request a. The City Manager or his/her designee will be available to provide additionalinformation as needed, and to respond to any verbal or written complaint.8. Determination of Site or Location of Facilities a. The City has not used any FTA funds for construction of a facility.

As stated in the City's 2016 Title VI Program, the City has satisfied all of theserequirements. After reviewing the U.S. Census data for the City, the City determined thatthere was no significant change in demographics since the last approval of its Title VIProgram. Additionally, since the approval of the City's Title VI Program, the City has notconducted any additional outreach specific to transportation. As a result of the absence ofsignificant changes in the City's demographics and transportation outreach efforts, the onlyaction required by the City to ensure compliance with FTA Title VI Circular 4702.IB.

Approval of Resolution No. 19-50 serves solely to reaffirm that the City is compliant with theabove requirements and is authorized to resubmit its Title VI Program, as required by theTitle VI Program every three years.

ATTACHMENTS:Attachment A - Resolution - City of South El Monte Title VI Program

Attachment B - City of South El Monte Title VI Program

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ATTACHEMENT A

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RESOLUTION NO. 19-50A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL APPROVING THE 2019 TITLE VI PROGRAM UPDATE AND AUTHORIZING ITS SUBMITTAL TO THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY (METRO)

WHEREAS, Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basisof race, color, and national origin in programs and activities receiving federal financial assistance; and

WHEREAS, as a recipient of Federal Transit Administration (FTA) funding, the City ofSouth El Monte is required to implement a Title VI Program that demonstrates that notransit program or service provided by the City creates discrimination toward anydemographic of the population served by that program or service; and

WHEREAS, the City’s current Title VI Program was adopted in September 2016, and isrequired to be updated every three years; and

WHEREAS, staff has prepared a new Title VI Program in accordance with FTA Circular 4702.1B, dated June 25, 2019; and

WHEREAS, the City is committed to ensuring that no person is excluded fromparticipation in, denied the benefits of, or otherwise subjected to discrimination underany of its programs, activities, or services on the basis of race, color, or national origin.

THE CITY COUNCIL OF THE CITY OF SOUTH EL MONTE DOES HEREBY RESOLVE AS FOLLOWS:

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

SECTION 2: The proposed Title VI Program, in the form attached to the agenda report accompanying this resolution, is hereby approved.

SECTION 3: The Council further directs the City Manager, or his designee to forward a copy of the Title VI Program to the Los Angeles County Metropolitan Transportation Authority for approval as the pass-through agency for the Federal Transit Authority.

SECTION 4: The City Clerk shall certify to the adoption of this Resolution

PASSED, APPROVED AND ADOPTED this ______________________.

______________________________ Gloria Olmos, Mayor

ATTEST:

____________________________ Rose Juarez, City Clerk 130

STATE OF CALIFORNIA )COUNTY OF LOS ANGELES ) SS:CITY OF SOUTH EL MONTE )

I, Rose Juarez, City Clerk of the City of South El Monte, do hereby certify that the foregoing Resolution, being Resolution No. 19-50 was passed and approved by the City Council of the City of South El Monte at a regular meeting of said Council held on the 25th day of June 2019 and that said Resolution was adopted by the following vote:

AYES:NOES:ABSENT:ABSTAIN:

____________________________ Rose Juarez, City Clerk

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ATTACHEMENT B

132

City of South El MonteTitle VI Program

Page 1

CITY OF SOUTH EL MONTE

Subject: Title VI Program

Effective Date: June 25, 2019 Approved by:Interim City Manager

________________

Rachel Barbosa

TABLE OF CONTENTS

PageTITLE VI PROGRAM .......................................................................................... 1

TITLE VI REQUIREMENTS WITHIN THE PROGRAM....................................... 1

1. Requirement to Notify Beneficiaries of Protection under Title VI .......... 1

2. Requirement to Develop Title VI Complaint Procedures and Complaint Form.................................................................................... 2

3. Requirement to Record and Report Transit-Related Title VI Investigations, Complaints, and Lawsuits..................................................................... 2

4. Promoting Inclusive Public Participation............................................... 2

5. Requirement to Provide Meaningful Access to LEP Persons ............... 2

6. Minority Representation of Decision and Advisory Bodies ................... 3

7. Requirement to Provide Additional Information upon Request ............. 3

EXHIBIT A: Title VI Notice to the Public and List of Locations ........................ 4EXHIBIT B: Title VI Policy and Procedures...................................................... 7EXHIBIT C: Civil Rights Complaint Form ......................................................... 15EXHIBIT D: List of Transit-Related Title VI Investigations, Complaints,

and Lawsuits ................................................................................ 19EXHIBIT E: Limited English Proficiency (LEP) Plan......................................... 20EXHIBIT F: Decision Making Bodies................................................................ 26EXHIBIT G: Public Participation Plan............................................................... 28EXHIBIT H: City of South El Monte Transportation Survey.............................. 31

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City of South El MonteTitle VI Program

Page 2

CITY OF SOUTH EL MONTETitle VI Program

Reference: FTA Circular 4702.1B Title VI Requirements and Guidelines for Federal Transit Administration (FTA) Recipients (October 1, 2012).

INTRODUCTIONThe purpose of this Title VI Program is to establish guidelines to effectively monitor and ensure that the City of South El Monte’s service are in compliance with FTA Title VI requirements.

Title VI states that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” The FTA is required to ensure that federally-supported transit services and related benefits are provided consistent with Title VI. The Title VI Report requires an update every three years.

The City of South El Monte will ensure that its programs, policies, and activities comply with Department of Transportation’s (DOT) Title VI Regulations (49 CFR Part 21) and with Limited English Proficient (LEP) Persons requirements (70 FR 74087, December 14, 2005). The City is committed to creating and maintaining a public transportation system that is free of all forms of discrimination. The City will take necessary preventive corrective and disciplinary actions to stem behavior that violates this policy or the rights and privileges it is designed to protect. FTA requires recipients to documentcompliance with DOT Title VI regulations by submitting a Title VI Program to their FTA regional civil rights officer once every three years.

TITLE VI REQUIREMENTS

1. Requirement to Notify Beneficiaries of Protection under Title VIIn order to comply with 49 CFR, Section 21.9(d), the City shall provide information to the public regarding the City’s obligations under DOT’s Title VI regulations and apprise members of the public of the protections against discrimination afforded to them by Title VI.

The City of South El Monte informs members of the public of their Title VI protection rights by in Exhibit B. A list of locations where notices are several means, including posting of a Title VI Notice to the Public and providing bilingual complaint procedures, as shown in Exhibits A and B. The City also provides a bilingual complaint form and posts a Title VI bilingual notice for public viewing at several locations, as shown posted is reflected in Exhibit A.

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2. Requirement to Develop Title VI Complaint Procedures and Complaint FormThe City is required to develop procedures for investigating and tracking Title VI complaints filed against the City and to make these procedures for filing a complaint available to the general public.

3. Requirement to Record and Report Transit-Related Title VI Investigations, Complaints, and LawsuitsThe City is required to prepare and maintain a list of investigations, complaints, or lawsuits that pertain to allegations of discrimination on the basis of race, color, and/or national origin in transit-related activities and programs and that pertain to the entity submitting the report, not necessarily the larger agency or department of which the entity is a part.

The City of South El Monte Assistant City Manager/ Personnel Analyst will maintain a list of Title VI investigations, complaints, and lawsuits utilizing the form shown in Exhibit D, including a comprehensive summary and description of actions taken by the City, as required by the Title VI regulations The list shall include the date that the investigation, lawsuit, or complaint was filed; a summary of the allegations(s); the status of the investigation; lawsuit, or complaint; and actions taken by the City in response, or final findings related to the investigation, lawsuit, or complaint. The list shall be included in the City’s Title VI submittal to FTA every three years.

4. Promoting Inclusive Public Participation and Language Assistance PlanThe City is required to develop a public participation plan that includes an outreach plan to engage minority and limited English proficient populations, as well as a summary of outreach efforts made since the last Title VI Program submission. The City also must have a language assistance plan for providing language assistance to persons with limited English proficiency (LEP).

The City’s Public Participation Plan is reflected in the “CITY OF SOUTH EL MONTE Transportation Services Limited English Proficiency Plan” under “Outreach Techniques” and more thoroughly in Exhibit G. The City’s public participation activities, public meetings, and participation in community activities are described in the LEP Plan.

The City’s Language Assistance Plan is reflected in the City’s LEP Plan and includes language assistance measures. The City’s approach includes a number of options available to LEP persons, including both oral and written language services. Specific details are included in the City’s LEP Plan in Exhibit E.

5. Requirement to Provide Meaningful Access to LEP PersonsTitle VI and its implementing regulations require that FTA recipients take responsible steps to ensure meaningful access to the benefits, services,

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information, and other important portions of their programs and activities for individuals who are LEP.

The City of South El Monte web site posts Transportation information. The City’s web site provides material in both English and Spanish. The City also provides easy access to bilingual (English and Spanish) administrative staff and drivers at the City’s City Hall during operating hours to answer questions for those LEP passengers who utilize the City’s bus system.

6. Minority Representation on Planning and Advisory BodiesThe City will encourage participation of minorities on bodies that make decisions regarding transportation.

7. Requirement to Provide Additional Information upon RequestAt the discretion of the FTA, information other than that required by the referenced circular, may be requested in writing from a recipient in order to investigate complaints of discrimination or to resolve concerns about possible noncompliance with Title VI requirements.

The City Manager or his/her designee will be available to provide additional information, as needed, and to respond to any verbal or written complaint.

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EXHIBIT A

CITY OF SOUTH EL MONTETitle VI Notice & Complaint Process

The City of South El Monte is committed to ensuring that no person is excluded from

participation in or denied the benefits of its services on the basis of race, color, or

national origin as provided by Title VI of the Civil Rights Act of 1964. Any person who

believes that he or she has been subjected to discrimination under Title VI on the basis

of race, color, national origin, disability, age, or gender may file a Title VI complaint with

the City within 180 calendar days from the date of the alleged discrimination.

Complaints may be filed with the City in writing and may be addressed to:

City of South El Monte

City Manager

1415 N. Santa Anita Ave.

South El Monte, CA 91733

A copy of the Title VI Complaint Form (in English or Spanish) and additional information

may be obtained from the City’s web site at “ http://www.ci.south-el-monte.ca.us/ ”

(under “City Departments & Services – Community Services – Senior Services and

Transportation Services”) or by calling 626-579-6540. The City will provide appropriate

assistance to complainants who are limited in their ability to communicate in English.

If information is needed in another language please call 626-579-6540.137

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CIUDAD DE SOUTH EL MONTETítulo VI Noticia y Proceso de Quejas

La Ciudad de South El Monte, se compromete a garantizar que ninguna persona sea excluida

de participar o denegar los beneficios de servicios basado por raza, color, o origen nacional

según lo dispuesto en el Título VI de la Ley de Derechos Civiles de 1964. Cualquier persona

que cree que él o ella ha sido objeto de discriminación en virtud del Título VI basado por raza,

color, origen nacional, discapacidad, edad o género puede presentar una queja del Título VI

con la Ciudad dentro de 180 días del calendario a partir de la fecha de la supuesta

discriminación.

Las quejas pueden ser presentadas en la Ciudad por escrito y pueden ser dirigidas a:

City of South El Monte

City Manager

1415 N. Santa Anita Ave.

South El Monte, CA 91733

Una copia del Título VI Formulario de Queja (en Inglés o Español) y la información adicional se

puede obtener desde el sitio web de la Ciudad en “ http://www.ci.south-el-monte.ca.us/ ” (en

“City Departments & Services – Community Services – Senior Services and Transportation

Services”) o llamando al 626-579-6540. La Ciudad proveerá asistencia apropiada para los

denunciantes que sean limitados en su capacidad de comunicarse en inglés.

Si se necesita información en otro idioma, por favor llame a 626-579-6540.138

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CITY OF SOUTH EL MONTETitle VI List of Locations

The following is a list of locations where transit-related bilingual Title VI Public Notices are posted:

City of South El Monte

Web Site City Hall Fire Station Senior Center Community Center

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EXHIBIT B

CITY OF SOUTH EL MONTETitle VI Policy and Procedures

POLICY STATEMENTThe City of South El Monte is committed to ensuring that no person is excluded from participation in, or denied the benefits of its service on the basis of race, color or national origin under Title VI of the Civil Rights Act of 1964.

PURPOSEThis policy ensures that City programs (including fares, routing, scheduling, and quality of transportation services) are operated without regard to race, color, or national origin.

APPLICATIONThis policy applies to all City of South El Monte employees, contractors, vendors, and customers.

1.0 GENERALThe City of South El Monte is committed to ensuring that no person is excluded from participation in its services, or subject to denial of City benefits on the basis of race, color, or national origin. The City is also committed to promoting environmental justice. The City will accomplish its goals by:

Ensuring that the level and quality of service is provided without regard to race, color, or national origin.

Promoting full and fair participation by all potentially affected populations in services provided by the City decision making;

Preventing denial, reduction or delay in the benefits of City programs and activities on the basis of race, color, or national origin.

Preventing denial, reduction, or delay of benefits related to programs and activities affecting minority and low-income populations; and

Providing meaningful access to City services, programs, and activities by persons with limited English proficiency (LEP).

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2.0 PROCEDURESAny person who believes that he/she may have been discriminated against on the basis of race, color, or national origin.

Patrons with limited English proficiency, who need assistance, may contact the City of South El Monte, located at 1415 N. Santa Anita Avenue, CA 91733 or call (626)579-6540..

2.1 ReportingThe complaint must be filed within 180 days of the date of the alleged discrimination. Written complaints may be sent to City Manager, City of South El Monte, 1415 N. Santa Anita Avenue, South El Monte, CA 91733, or an online Civil Rights Complaint Form may be accessed at the City’s website at http://www.ci.south-el-monte.ca.us/. Once completed, the complaint should be forwarded to the City Manager.

Any City employee who becomes aware of a discrimination complaint should immediately contact the City Manager for handling.

2.2 ReviewingThe City will review the complaint to determine whether it is within City jurisdiction based on the following criterion: whether Complainant has alleged discriminatory treatment or harassment based on race, color, ornational origin.

If the City determines it has jurisdiction, an investigator will be assigned to conduct an investigation within 24 hours of the review. The Complainant will receive an acknowledgement letter informing her/him whether the complaint will be investigated. All complaints will be investigated promptly and handled in a confidential manner.

If jurisdiction is found not to exist in the Civil Rights Policy, the complaint will be forwarded to the appropriate department for resolution. The City will be notified of the steps taken to resolve the complaint.

2.3 Investigation ProcessThe investigator will take the followings steps to investigate the alleged discriminatory act:

Contacting the department management where the alleged discrimination took place to determine if a departmental investigation has been initiated and the results of the investigation;

Identifying and reviewing all relevant documents, practices and procedures to determine appropriate resolution; and

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Identifying and interviewing persons with knowledge of the alleged discrimination, such as the Complainant; witnesses; others identified by the Complainant; people who may have been subject to similar activity; or others with relevant information.

The investigation process and final investigative report is generally completed within 120 days. If no policy violation is found, and the Complainant wants to appeal the decision, he/she may appeal directly to the City Manager’s Office.

2.4 Subsequent Complaints and Amended ChargesAny subsequent complaint or amended charge should be filed utilizing the Civil Rights Complaint Form. Amended charges can also be submitted via email or other written format. The City will review each subsequent complaint or amendment to determine whether the subsequent complaint should stand on its own or be incorporated into the original complaint and investigation.

2.5 Completion of InvestigationUpon completion of the investigation, the Investigator prepares a final investigative report for the City with a copy to the City Attorney. All principle parties receive written notification of the investigative findings.

2.6 Implementation of Remedial ActionsIf a policy violation exists, appropriate remedial steps will be taken immediately.

3.0 DEFINITION OF TERMS

Title VI – Title VI of the 1964 Civil Rights Act prohibits discrimination on the basis of race, color, or national origin by recipients of federal financial assistance.

Equal Opportunity – requirement of non-discrimination in City services with regard to race, color, or national origin in accordance with Title VI of the 1964 Civil Rights Act, as amended. The City also prohibits discrimination based on sex, age and disability religion, medical condition, marital status, or sexual orientation.

Discrimination – any act or failure to act, whether intentional or unintentional, which has the purpose or effect of limiting, excluding, or denying a person transit services or benefits because of race, color, or national origin.

Environmental Justice – efforts made to prevent minority communities and low-income communities from being subject to disproportionately high and adverse environmental effects.

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4.0 RESPONSIBILITIES

The Human Resources Department maintains a log of all complaints received. The log includes the date the complaint was filed; a summary of the allegations; the status of the complaint; and actions taken by the City to resolve the complaint.

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CIUDAD DE SOUTH EL MONTEPóliza y Procedimientos Titulo VI

DECLARACION DE POLIZALa Ciudad de South El Monte se compromete a garantizar que ninguna persona sea excluida al participar en, o le sean negados los servicios de beneficios basados en raza, color, o origen nacional por el Acta de Derechos Civiles de 1964 del Título VI.

PROPOSITOEsta póliza asegura que los programas de la Ciudad (incluyendo precios, rutas, horarios y calidad de los servicios de la transportación) sean dirigidos sin distinción de raza, color, o origen nacional.

APLICACIÓNEsta póliza se aplica a todos los empleados de la Ciudad de South el Monte, contratistas, proveedores y clientes.

1.0 GENERAL La Ciudad de South El Monte se compromete a garantizar que nadie sea excluido al participar en servicios, o los beneficios sean negados basados en raza, color, o origen nacional. La Ciudad también se ha comprometido a promover el cuidado ambiental. La Ciudad va a lograr sus objetivos a través de:

Asegurarse de que el nivel y la calidad de los servicios sean proporcionados sin distinción de raza, color, o origen nacional.

Promover completa y equitativa participación entre todas las comunidades potencialmente afectadas por los servicios ofrecidos por decisiones tomadas por la Ciudad;

Prevenir el negar y la reducción o retraso en los beneficios de los programas y actividades de la Ciudad basados en raza, color, o origen nacional.

Prevenir el negar y la reducción o retraso en los beneficios de los programas y actividades que afecten a comunidades minoritarias y de bajos ingresos, y

Proporcionar acceso significativo de los servicios, programas y actividades de la Ciudad a personas con conocimiento limitado en el Inglés (LEP).

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2.0 PROCEDIMIENTOSCualquier persona que se sienta que él o ella ha sido objeto de discriminación por motivos de raza, color, o origen nacional puede presentar una queja al Departamento del Administrador de la Ciudad.

Personas con conocimientos limitados en el Inglés, que necesiten ayuda, comunicarse con la Ciudad, localizado en 1415 N. Santa Anita Ave, South El Monte, CA 91733 o llamar al (626) 579-6540.

2.1 NotificandoLa queja se debe presentar dentro de los 180 días siguientes a la fecha de la supuesta discriminación. Quejas por escrito pueden ser enviadas a la Ciudad de South el Monte, City Manager, 1415 N. Santa Anita Ave, South El Monte, CA 91733, o por el Sitio Web, formulario de Quejas de Derechos Civiles, que se puede encontrar en la Página Web de la Ciudad, http://www.ci.south-el-monte.ca.us/. Cuando se haya completado, la queja debe ser enviada al Departamento del Administrador de la Ciudad.

Cualquier empleado de la Ciudad que se entere de una queja de discriminación deberá comunicarse inmediatamente con el Departamento del Administrador de la Ciudad.

2.2 RevisandoLa Ciudad revisara la queja para determinar si está dentro de la jurisdicción de la Ciudad basándose en el siguiente criterio: Si dicho demandante ha alegado trato discriminatorio o de acoso por razones relacionadas a raza, color, o origen nacional.

Si la Ciudad determina que está dentro de la jurisdicción, un investigador será asignado para conducir una investigación durante las 24 horas de la Revisión. El demandante recibirá una carta de notificación informándole si se investigara la queja. Todas las quejas serán investigadas con prontitud y tratadas de manera confidencial.

Si se encuentra que no existe jurisdicción de la Póliza de Derechos Civiles, la queja será enviada al departamento correspondiente para su resolución. La Ciudad será notificada de la determinación tomada para resolver la queja/reclamo.

2.3 Proceso de InvestigaciónEl investigador tomara las medidas/pasos siguientes para investigar el presunto acto discriminatorio:

Ponerse en contacto con el departamento donde la supuesta discriminación ocurrió para determinar si se ha iniciado una investigación y conocer los resultados de la investigación;

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Identificar y revisar todos los documentos pertinentes, como las prácticas y procedimientos para determinar la resolución adecuada, y

Identificar y entrevistar personas relacionadas con la presunta discriminación, como el demandante; testigos; otras personas identificadas por el demandante; personas que hayan sido objeto de una actividad similar u otras personas con información relacionada.

El proceso de investigación y el reporte final, por lo general, se concluye dentro de los 120 días. Si no se encuentra ninguna violación y el demandante desea apelar la decisión, él o ella puede apelar directamente a el Departamento del Administrador de la Ciudad.

2.4 Reclamaciones Subsecuentes y Modificación de CargosCualquier reclamación posterior o carga modificada deben presentarse utilizando el formulario de queja de derechos civiles. Modificación de los cargos también se pueden enviar por correo electrónico o cualquier otro formato escrito. La Ciudad revisará cada queja o modificación posterior para determinar si la denuncia posterior debe valerse por sí misma o ser incorporado en la denuncia y la investigación inicial.

2.5 Conclusión de la InvestigaciónAl término de la investigación, el investigador prepara un informe para la Ciudad, con una copia para el Abogado de la Ciudad. Todos los partidos principales relacionados reciben una notificación por escrito acerca de las conclusiones de la investigación.

2.6 Implementación de Acciones Correctivas Si existe una violación, se tomaran inmediatamente las medidas correctivas apropiadas.

3.0 DEFINICIONES DE TÉRMINOS

Titulo VI - El Titulo VI del Acta de Derechos Civiles de 1964 prohíbe la discriminación por motivos de raza, color, origen/nacionalidad de los beneficios de la asistencia financiera federal.

Igualdad de Oportunidades – Requisito de No-discriminación en los servicios de la Ciudad por raza, color, origen/nacionalidad de acuerdo con el Titulo VI del Acta de Derechos Civiles de 1964, según enmendada.

Discriminación - cualquier acto u falta de actuación, intencional o no intencional, que tiene por objeto o efecto limitar, excluir o negar a una persona servicios de tránsito o beneficios debido a su raza, color, o origen nacional.

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Justicia/Cuidado Ambiental - Los esfuerzos realizados para impedir que las comunidades minoritaria y las de bajos ingresos estén sujetas a efectos excesivamente altos y adversos del medio ambiente.

4.0 RESPONSABILIDADES

El Departamento de Recursos Humos mantiene un registro de todas las quejas recibidas. El registro incluye la fecha cuando la queja fue entablada, un resumen de las declaraciones, estado actual de la queja y las medidas adoptadas por la Ciudad para resolver la queja.

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EXHIBIT C

CITY OF SOUTH EL MONTETitle VI Complaint Form

The City of South El Monte is committed to ensuring that no person is excluded from participation in or denied the benefits of its services on the basis of race, color or national origin, as provided by Title VI of the Civil Rights Act of 1964, as amended.

The following information is necessary to assist us in processing your complaint. If you require any assistance in completing this form, please contact City Hall at 626-579-6540. The completed form must be returned to City of South El Monte, City ManagerOffice, 1415 N. Santa Anita Ave., South El Monte, CA 91733.

Name:

Street Address:

Phone: Alternative Phone:

Date of Incident: Time of Incident: _______

Which of the following best describes the reason for the alleged discrimination?

_____ Race _____ Color _____ National Origin _____ Other (Please explain below)

Please describe the alleged discrimination incident. Explain what happened, whom you believe was responsible, and other specific relevant information. Please use the next page of this form if additional space is required.

Have you filed a complaint with any other federal, state or local agencies (Check one) _____ Yes _____ NO

If yes, list agency or agencies and contact information below: 148

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Agency:

Street Address:

Phone:

Contact Name:

Agency:

Street Address:

Phone:

Contact Name:

I affirm that I have read the above charge, and it is true to the best of my knowledge.

Complainant’s Signature Date

Print or Type Name of Complainant

Date Received:

Received By:

The complaints related to Title VI of the Federal Transit Administration (FTA) may also be submitted directly to:

Federal Transit AdministrationOffice of Civil Rights, Region IX,201 Mission Street, Suite 1650,

San Francisco, California 94105-1839

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CIUDAD DE SOUTH EL MONTEFormulario de Quejas Titulo VI

La Ciudad de South El Monte centra sus esfuerzos en garantizar que nadie sea excluido de la participación en sus servicios ni que nieguen los beneficios de estos, con base en raza, color o origen nacional, en conformidad con las disposiciones del Título VI de la Ley de Derechos Civiles de 1964 y enmiendas.

La información siguiente es necesaria para ayudarnos en el procesamiento de su queja. Si requiere ayuda para llenar este formulario, por favor llame por teléfono a 626-579-6540. El formulario completo debe devolverse a City of South El Monte, City Manager’s Office, 1415 N. Santa Anita Ave., South El Monte, CA 91733.

Nombre:

Dirección:

Teléfono: Segundo Teléfono:

Fecha del incidente: Hora del incidente:

¿Cuál de los siguientes describe mejor la razón por la supuesta discriminación?

_____ Raza _____ Color _____ Origen nacional _____ Otra razón (Por favor explique)

Por favor, describa el supuesto incidente de discriminación. Explique lo sucedido; quien considera que fue responsable; y otra información específica pertinente. Por favor, use el reverso de este formulario si requiere espacio adicional.

¿Ha presentado alguna queja ante otra agencia federal, estatal o local con respecto a este incidente? (Marque Uno) _____ Si _____ No

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Si la respuesta es afirmativa, por favor, a continuación enumere la agencia o agencias y la información de contacto:

Agencia:

Dirección:

Teléfono:

Nombre de contacto:

Agencia:

Dirección:

Teléfono:

Nombre de contacto:

Confirmo que he leído el cargo que se indica arriba y que es verdadero hasta donde tengo conocimiento.

Firma del declarante Fecha

Imprima o escriba el nombre del declarante

Fecha de recepción: Recibido por:

Las quejas relacionadas con Título VI de la Administración Federal de Tránsito (FTA) también prodran ser presentadas directamente a:

Federal Transit AdministrationOffice of Civil Rights, Region IX,201 Mission Street, Suite 1650,

San Francisco, California 94105-1839

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EXHIBIT D

CITY OF SOUTH EL MONTEList of Title VI

Investigations, Complaints and Lawsuits

ActionDate

(Month, Day, Year)

Summary (basis of complaint: race, color, or

national origin) Status Action(s) TakenInvestigations (None)

Lawsuits (None)

Complaints (None)

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EXHIBIT E

CITY OF SOUTH EL MONTE Transportation Services

Limited English Proficiency (LEP) Plan 2019

IntroductionThis Limited English Proficiency (LEP) Plan has been prepared to address the City of South El Monte Transportation Services responsibilities as a recipient of federal financial assistance as they relate to the needs of individuals with limited English language skills. The plan has been prepared in accordance with Title VI of the Civil Rights Act of 1964, Federal Transit Administration Circular 4702.1A dated May 13, 2007, which state that no person shall be subjected to discrimination on the basis of race, color, or national origin.

Executive Order 13166, titled Improving Access to services for Persons with Limited English Proficiency, indicated that differing treatment based upon a person’s inability to speak, read, write, or understand English is a type of national origin discrimination. It directs each federal agency to publish guidance for its respective recipients clarifying their obligation to ensure that such discrimination does not take place. This order applies to all State and local agencies which receive federal funds.

BackgroundThe South El Monte Transportation Division administers the transit services that are operated within the City. The South El Monte City Council is the policymaking body for the system. The South El Monte Transportation Service consists of a Dial-a-Ride service for Senior Citizens (age 60 and over) and for Disabled residents, transporting children to their after school program at the Mini Center, transporting Senior Citizens to the Senior Center for their nutritional lunch, and transportation during City events. TheCity of South El Monte Transportation Services has developed this LEP Plan to help identify reasonable steps for providing language assistance to persons with limited English proficiency who wish to access services provided by the City. As defined by Executive Order 13166, LEP persons are those who do not speak English as their primary language and have limited ability to read, speak, write, or understand English.

This plan outlines how to identify a person who may need language assistance, the ways in which assistance may be provided, and how to notify LEP persons that assistance is available.

In order to prepare this plan, the City of South El Monte Transportation Services staff undertook the U.S. Department of Transportation (U.S. DOT) four-factor LEP analysis which considers the following factors:

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1. The number or proportion of LEP persons in the service area who may be served or are likely to encounter the City of South El Monte Transportation Services.

2. The frequency with which LEP persons come in contact with the City of South El Monte Transportation Services.

3. The nature and importance of programs, activities, or services provided by the City of South El Monte Transportation Services to the LEP population.

4. Resources available to the City of South El Monte Transportation Services and overall cost to provide LEP assistance.

A summary of the results of the City of South El Monte Transportation Services four-factor analysis is in the following section.

Four-Factor Analysis1. The number or proportion of LEP persons in the service area who may be

served or are likely to encounter the City of South El Monte Transportation Services.

The South El Monte Transportation Services staff reviewed the 2010 U.S. Census and determined that, out of a population of 18,359 residents, 7,948 (43.3%) of City of South El Monte residents speak a language other than English less than very well. In the City of South El Monte of those persons with limited English proficiency, 37.4% speak Spanish being the majority within the City. (DP02) Asian and Pacific Islanders who speak English less than very well accounted for only 5.8% of the LEP population. In addition to using the 2010 U.S. Census, the City also conducted a rider survey (Exhbit H) from May 27, 2019 to June 7, 2019 and it indicated that 83% of our riders were Hispanic or Latino, 3% were Native Americans and the remaining 14% were White or Caucasian. A survey will be conducted every year to monitor if any changes need to be addressed.

2. The frequency with which LEP come in contact with South El Monte Transportation Services.

The City transportation services are provided through-out the City. A high percentage of Hispanic/Latino individuals therefore come in contact with the program. The rider survey data collected included how often survey respondents are riding; and it reflected that 71% of respondents utilize South El Monte Transportation Services three to five days per week and 7% one to two days per week; and 22% do not utilize City transportation services. The schedule also reflected that majority (42%) of the respondents use City transportation five days per week. The Senior Services Supervisor, the Senior Services Specialist and the Senior Recreation Leader have also spoken with staff about their contact with LEP individuals and have concluded that at the moment the City only gets Spanish Speaking customers. Staff will continue to speak with the Transportation Services Department regarding language assistance.

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3. The nature and importance of programs, activities, or services provided by the South El Monte Transportation Services to the LEP population.

The majority of LEP individuals in the City are Spanish-speaking elderly. On-board ridership surveys (Exhibit H) were conducted from May 27, 2019 to June 7, 2019 by the City and they indicated that 78 percent are captive transit riders, and 22 percent could have made their trip by another means. The South El Monte Transportation Services are important to these residents because the transportation can only be used for medical appointments, paying bills, the Nutrition Program at the Senior Center and it is limited to leisure purposes. The transportation is also used to transport children to their after-school program, and City events.

4. The resources available to the South El Monte Transportation Services and overall cost to provide LEP assistance.

The South El Monte Transportation Services staff has access to a variety of resources that can help in outreaching and providing LEP assistance at low or no cost. Community-based resources include:

City of South El Monte City Hallo Offers Spanish translation in oral and written form

City of South El Monte Senior Centero Offers Spanish translation in oral and written form

City of South El Monte Community Centero Offers Spanish translation in oral and written form

San Gabriel Valley Service Centero Offers Consumer Affairs to assist individuals to complete legal

documents o Utility assistanceo Special service for Groups Older Adults Program

The above community resources will be used on a regular basis to assist in identifying needs of the City’s LEP population. They will also serve as a means to widely disseminate bilingual transit service information and announcements and to notify the LEP population of planned workshops and outreach efforts.

Based on the four-factor analysis, the City of South El Monte will develop its LEP Plan as outlined in the following section.

Identification of LEP PopulationSouth El Monte Transportation Services have developed several possible ways to assist in identifying LEP populations within the City, including:

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1. Examine records to see if requests for language assistance have been received in the past, either at meetings or over the phone, to determine whether language assistance might be needed at future events or meetings.

2. Have a staff greet participants as they arrive to City sponsored events. By informally engaging participants in conversation it is possible to gauge each attendee’s ability to speak and understand English.

3. At meetings relating to South El Monte Transportation Services we will develop identification cards that indicate primary language spoken, as appropriate. This will assist the City in identifying language assistance needs for future events and meetings.

4. Survey vehicle operators and other front-line staff, like dispatchers, Dial-A-Ride schedulers, and service development planners on their experience concerning any contacts with LEP persons.

Language Assistance MeasuresThere are plans for a number of language assistance options available to LEP persons, including both oral and written language services. There are also various ways in which the City of South El Monte Transportation Services staff can respond to LEP persons, whether in person, by telephone, or in writing.

Placement of statements in notices and publications that interpreter services are available for these meetings.

Survey bus drivers and other front-line staff, Dial-A-Ride schedulers, and service development planners on their experience concerning any contacts with LEP persons during the year. Staff surveys will be conducted once a year in June.

The Senior Services Supervisor, the Senior Services Specialist and Senior Recreation Leader have spoken with staff about their contact with LEP individuals and have concluded that at the moment the City only gets Spanish Speaking customers. Staff will continue to speak with the Transportation Services Department regarding language assistance

Post the Title VI Policy and Procedures and LEP plan on the City website, www.ci.south-el-monte.ca.us/

When an interpreter is needed, for a language other than Spanish, in person or on the telephone, staff will attempt to access language assistance services from a professional translation service or qualified community volunteers.

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Various Title VI documents have also been translated into Spanish: Title VI Notice & Complaint Process, Title VI Complaint Form, and the Title VI Policy and Procedures.

All Transportation Services staff will be trained on the updated version of the Title VI Policy and Procedures and the LEP Plan no later than July 1, 2019. Staff training will begin as soon as the Title VI Program is adopted by City Council.

Outreach TechniquesWhen staff prepares a document or schedules a meeting, for which the target audience is expected to include LEP individuals, documents, meeting notices, flyers, and agendas will be printed in an alternative language based on the known LEP population. Interpreters will be available as needed. The City currently uses a variety of outreach approaches, as described below.

Public Outreach ActivitiesThe City of South El Monte web site posts Transportation Services information. The City’s web site provides material in both English and Spanish. The City also provides easy access to bilingual (English and Spanish) administrative staff and drivers at the City’s Transit office during operating hours to answer questions during their regular shift schedules for those LEP passengers who use the City’s transportation system.

The City reaches out to the community directly through meetings with agency and community staff and their clients, as needed. Information regarding the City’s transit services is disseminated at these meetings. Information is also made available at a variety of locations throughout the community and on the Transportation Servicessystem.

Public MeetingsThe City Council holds regular meetings on the second and fourth Tuesday of the month. Regular meetings convene at 6:00 p.m. in the Council Chambers at City Hall, 1415 N. Santa Anita Avenue, South El Monte. Special meetings are convened at other times as announced. The public is encouraged to participate in the City's decision-making process and is invited to attend City Council Meetings.

The Community Services Commission acts in an advisory capacity to the City Council in all matters pertaining to social programming, health and welfare, child development, public recreation facilities and leisure activities. The seven-member Community Services Commission meets on the first Tuesday of each month at 6:00 p.m. in the City Council Chambers.

Senior Advisory Board holds meetings on matters pertaining to the Senior Center and its services. The three-member Senior Advisory Board meets every third Wednesday at 10:00 a.m. in the Senior Center.

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Participation in Community Activities & SurveysThe City engages in community activities that promote its transit services. These activities include functions where a broad cross-section of the community can access available transit information, including schedules, brochures and fliers. In addition, the City will also be surveying residents in regard to transportations services every June.

AssurancesThe City of South El Monte Transportation Services will ensure that no person, on the grounds of race, color, national origin, disability, age, or gender as provided by Title VI of the Civil Rights Act of 1964, will be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination. Further, the City will notify the public of protections against discrimination afforded them by Title VI Regulations and will take preventive corrective and disciplinary action necessary to stem behavior that violates the rights and privileges the regulations are designed to protect.

The City will post information on its web site and ensure that it reflects up to date information consistent with the requirements of 49 CFR Section 21.9(d).

Monitoring and Updating the LEP PlanThe City of South El Monte will update the LEP as required by U.S. DOT. At a minimum, the plan will be reviewed and updated when more data from the 2020 U.SCensus is available, or when it is clear that higher concentrations of LEP individuals are present in the City of South El Monte.

Availability of Title VI DocumentsThe City of South El Monte LEP Plan, Title VI Policy and Procedures, and the Title VI Complaint form are included on the City’s website at www.ci.south-el-monte.ca.us. Any person or agency with internet access will be able to access and download the plan from the City website. Alternatively, any person or agency may request a copy of the plan via email or in person and shall be provided a copy of the plan at no cost. Questions or comments regarding the LEP Plan may be submitted to the City Manager’s Office or the City of South El Monte Transportation Services Department:

Contact 1:City of South El MonteCity Manager’s Office

1415 N. Santa Anita AveSouth El Monte, CA 91733

Phone: 626-579-6540Fax: 626-579-2409

Email: rbarbosa@soelmonte.org

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Contact 2:City of South El MonteTransportation Division

1556 Central AveSouth El Monte, CA 91733

Phone: 626-448-0131Fax: 626-448-6979

Email: agonzalez@soelmonte.org

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EXHIBIT F

CITY OF SOUTH EL MONTENon-Elected Decision Making Bodies

At the City of South El Monte Transportation Services, decisions regarding policy, service changes, capital programming and facility locations are made by an elected Mayor and four City Council Members. To help to guide decisions the City also has an appointed Community Services Commission and an elected Senior Advisory Board.

Community Services CommissionThe Community Services Commission acts in an advisory capacity to the City Council in all matters pertaining to social programming, health and welfare, child development, public recreation facilities and leisure activities. The seven-member Community Services Commission meets on the first Tuesday of each month at 6:00 p.m. in the CityCouncil Chambers. The members are appointed by a majority of the City Council and they serve a one-year term.

BodyWhite or

CaucasianHispanic or

Latino

Black or African

American

Native American

Asian or Pacific

IslanderCommunity Services Commission

0 8 0 0 0

Encourage the Participation of MinoritiesSeveral measures are taken to encourage the participation of everyone within the City. When chairs are about to become available on the commission the City will publish a notice on the City newspaper, “South El Monte News”. Notices are also posted at City Hall, Senior Center, the library, and the City website. Notices are posted on all platforms twice before selections are made by the City Council. The City Council appoints commissioners based on who is best fit to represent the community and its needs.

Also, within the South El Monte Municipal Code it states, “the Community Services Commission shall consist of seven city residents appointed by a majority of the City Council, including one seniors sixty years of age or older and two youths between the ages of sixteen and twenty-five.”

In addition, the South El Monte Municipal Code under section 2.48.080 Purpose also encourages participation by all groups within the community to accomplish its purpose and it may do this by:

Encouraging the involvement of all resident and business groups to foster mutual regard and understanding among all racial, religious, and socioeconomic and ethnic groups in the community.

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Holding conferences and other public meetings in the interest of resolving tensions of producing possible discrimination and irritation in the community, and issue such publications and reports as will tend to effectuate said purposes.

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EXHIBIT G

CITY OF SOUTH EL MONTETransportation ServicesPublic Participation Plan

Key PrinciplesThe City of South El Monte Transportation Services Public Participation Plan (PPP) has been prepared to ensure that no one is precluded from participating. It ensures that:

Potentially affected community members will have an appropriate opportunity to participate in decisions about a proposed transportation related activity that will affect their environment and/or health;

The public’s contribution can and will influence the City’s decision making; The concerns of all participants involved will be considered in the decision-

making process; and The City will seek out and facilitate the involvement of those potentially affected

through public meetings and public surveys.

Through an open public process, the City has developed a public participation plan to encourage and guide public involvement efforts and enhance access to transportation decision-making process by minority and Limited English Proficient (LEP) populations. In addition, the City will also be conducting surveys to answer questions, evoke discussion, base decisions on objective information, and compare results. A rider survey was conducted on May 27, 2019 through June 16, 2013 and new surveys will be conducted every year in June to monitor changes within the community. The yearly surveys will help base decisions on transportation services. The public participation plan describes the overall goals, guiding principles and outreach methods that the Cityuses to reach its riders.

Limited English Proficient (LEP):LEP refers to persons for whom English is not their primary language and who have a limited ability to read, write, speak, or understand English. It includes people who reported to the U.S. Census that they speak English less than very well, not well, or not at all.

The steps outlined in the public participation plan offer meaningful opportunities for the public to be involved in the identification of social, economic and environmental impacts of proposed transportation decisions at the City. It is a guide for how Transportation Services engages its diverse community. The City may continue to improve its public participation methods over time based on feedback from all of its riders and community members including low-income, minority and LEP populations as well as customer and community-based organizations.

Goals of the Public Participation PlanThe overarching goals of Transportation Services Public Participation Plan include:

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Clarity in Potential for Influence - The process clearly identifies and communicates where and how participants can have influence and direct impact on decision making.

Consistent Commitment - The South El Monte Transportation Servicescommunicates regularly, develops trust with riders and our community and builds community capacity to provide public input.

Diversity - Participants represent a range of socioeconomic, ethnic and cultural perspectives.

Accessibility - Every reasonable effort is made to ensure that opportunities to participate are physically, geographically, temporally, linguistically, and culturally accessible.

Relevance - Issues are framed in such a way that the significance and potential effect is understood by participants.

Participant Satisfaction - People who take the time to participate feel it is worth the effort to join the discussion and provide feedback.

Quality Input and Participation - That comments received by South El Monte Transportation Services are useful, relevant and constructive, contributing to better plans, projects, strategies and decisions. This includes all comments during meetings and written comments within surveys.

South El Monte Transportation Services Public Participation ProcessThe PPP includes many new mediums extending beyond the traditional approach which relied on legal notices and newspaper coverage. While the plan maintains these elements to its outreach program along with traditional seat-drop flyers and website notices, the City has availed itself of the communication methods more widely used by members of our community and riders. The City will continue to notify residents of public participation with notices throughout the City, the newspaper, and the City website.

MeetingsThe City Council holds regular meetings on the second and fourth Tuesday of the month. Regular meetings convene at 6:00 p.m. in the Council Chambers at City Hall, 1415 N. Santa Anita Avenue, South El Monte. Special meetings are convened at other times as announced. The Community Services Commission meets on the first Tuesday of each month at 6:00 p.m. in the City Council Chambers. The Community Services Commission is also encouraged to hold special meetings with various groups of the community to better serve the City and its needs. The Senior Advisory Board holds monthly meetings every third Wednesday of the month at 10:00 a.m. at the Senior Center which is an ADA complaint building.

The public is encouraged to participate in the City's decision-making process and is invited to attend all City meetings. The meetings, agendas and minutes are also posted online at the City website and copies can be requested at City Hall.

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While there may be minor variation in the outreach process from time-to-time, the outline below provides the general steps for engaging riders in the decision making process.

Transportation SurveysThe City of South El Monte has already conducted a survey of its riders from May 27, 2019 to June 7, 2019 (Exhibit H) and it will continue to survey its residents every year in June to better address decision making. The surveys will answer questions, evoke discussion, base decisions on objective information, and compare results.

Process In Motion1. A proposal is developed internally or as a result of public comment or as a result

of survey information;2. An internal review by the appropriate bodies is conducted;3. A Title VI review of the proposal is conducted;4. All City Council and Community Services Commission meetings have a public

comment period;5. Public outreach venues, dates and times are determined with consideration of

the proposed changes and their impact on specific locations/populations within the service area;

6. Bilingual (English and Spanish) public outreach materials and a program are developed;

7. Outreach In advance of public information sessions is released;8. A summary package is presented detailing the outcome of the public participation

process along with staff recommendations;

List of Outreach Events within the Last Three Years1. Bi-Monthly City Council Meetings2. Monthly Community Services Commission Meetings3. Monthly Senior Advisory Board Meetings4. Transportation Survey from May 27, 2019 to June 7, 2019

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EXHIBIT H

City of South El MonteTransportation Survey(Senior Citizens and Disability)

Services are needed for: Senior 60+ Legally Disable Escort / Caregiver

Ethnicity Translation Needed Yes No

White or Caucasian Lives Alone Yes No

Black or African American Low Income Yes No

Native American Medi-Cal Yes No

Hispanic or Latino SSI /SSP Yes No

Asian or Pacific Islander Veteran Yes No

AS (Asian Indian) JA (Japanese) Do you own a Car Yes No CA (Cambodian) KO (Korean) CH (Chinese) LA (Laotian) FI (Filipino) SA (Samoan) GU (Guamanian) VI (Vietnamese) HA (Hawaiian) O (Other) How often do you use City transportation services per week? _____

For each of the following statements, please rate every item from 1 to 5 by circling the appropriate rating.Use the following scale: 1= Strongly Disagree, 2= Disagree, 3= Neither Agree Nor Disagree, 4= Agree, and 5= Strongly Agree

1. South El Monte Transportation Services are important to our community 1 2 3 4 5

2. South El Monte Transportation Services meet our community needs 1 2 3 4 5

3. It is important for Senior Citizens and Disabled residents to have transportation for their medical needs 1 2 3 4 5

4. It is important for Senior Citizens and Disabled residents to have transportation for leisure time 1 2 3 4 5

5. It is important for Senior Citizens and Disabled residents to have transportation to pay their bills 1 2 3 4 5

6. It is important for Senior Citizens to have transportation to visit the Senior Center 1 2 3 4 5

7. It is important for South El Monte Transportation Services information to be provided in Spanish 1 2 3 4 5

8. It is important for City staff to be bilingual 1 2 3 4 5

9. South El Monte Transportation Services provide service in a timely manner 1 2 3 4 5

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10. South El Monte Transportation Services provide service in a friendly manner 1 2 3 4 5

Additional Comments:

Para-Transit Program for Senior Citizens (age 60 and over) and Disabled residents of the City of South El Monte. Parts of our fleet are wheelchair capable and may be used for trips to the banks, medical appointments, nutrition site and shopping. Hours of operation are 8:30 a.m. to 4:00 p.m., Monday through Friday. No weekend and holiday, service. Assistance companions of elderly and disabled riders may also ride free.

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City Council Agenda ReportAgendaItem No.

7.j

DATE: June 25, 2019

TO: Honorable Mayor and Members of the City Council

APPROVED BY: Rachel Barbosa, Interim City Manager

APPROVED AS TO FORM: Michael Estrada, City Attorney

SUBMITTED BY: Diana Lopez, Personnel Analyst

SUBJECT: APPROVAL OF SEVERANCE AGREEMENT ANDGENERAL RELEASE FOR JENNIFER E. VASQUEZ

SUMMARY: Severance and General Release Agreement for Jennifer E. Vasquez, statingthe terms and conditions of her termination from the City of South El Monte.

RECOMMENDATION: Staff recommends that the City Council approve the SeveranceAgreement and General Release.

FISCAL IMPACT: The proposed total 12-month severance amount of $183,600 has beenincluded in the Fiscal Year 2018-2019 budget as well as the Fiscal Year 2019-2020budget.

DISCUSSION: On March 3, 2008, the City employed Jennifer E. Vasquez as its AssistantCity Manager. On August 24, 2016, the City appointed her as Interim City Manager and onJune 27, 2017 she was promoted to City Manager. At that time, the City and Ms. Vasquezentered into an employment agreement, with an expiration date of June 30, 2020. TheAgreement provided that if the City terminated this Agreement (thereby terminatingEmployee’s employment with the City) without cause during the term of the Agreement, theCity would pay Ms. Vasquez an amount up to a maximum of 12 months of her then-monthlybase salary as severance pay.

After a properly noticed closed session held on May 2, 2019, the City Council terminatedthe Agreement. The City Attorney announced that by a 3-2 vote, with CouncilmembersDelgado and Retamoza voting no, the Agreement would be terminated.

The City Attorney prepared a severance agreement with the following key provisions:167

A. On or before May 30, 2019, the City shall pay Jennifer E. Vasquez:

(1) $4,832.75, for all properly accrued and unused sick leave to which she is entitled,under City’s rules, through the effective date of her separation; and

(2) $25,068.46, for all properly accrued and unused vacation leave to which she isentitled, under City’s rules, through the effective date of her separation.

B. On or before June 30, 2019, the City shall pay Vasquez, $91,800, which equals sixmonths of her most recent salary as follows:

(1) Providing a check in the amount of $76,425 to her;

(2) Depositing, pursuant to her request, $15,375, into her deferred compensation plan.

C. The City shall pay Vasquez, on or before June 30, 2020, $91,800, which equals sixmonths of her current salary. Vasquez may direct some of this severance payment to her457 deferred compensation plan, subject to the maximum contribution limit. The Cityagrees to cooperate with Vasquez in allocating such deferral as she directs. Vasquez isresponsible for assuring that the timing of such deferral meets legal requirements for thedeferred compensation plan and that the deferral is permissible under the Internal RevenueCode and applicable regulations. The City makes no representation regarding theavailability of the deferral or the tax effect of such deferral.

D. The City will withhold federal and state payroll deductions from the amountsprovided pursuant to subsections A (1) and (2), B (1) and C.

The numbers listed above are subject to confirmation and are equal to the base salary thatthe City would have paid Ms. Vasquez for a 12-month period if she continued as the CityManager with the City. If there is any change, staff will inform the Council and the public at aCouncil meeting.

The agreement also contains standard release and waiver language and vacation leavepayout required by state law.

The agreement has been provided to Ms. Vasquez for her review.

ATTACHMENTS:Attachment A - Severance Agreement and General Release

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12402-0005\2298198v3.doc

SEVERANCE AGREEMENT AND GENERAL RELEASE

This writing is a severance agreement (“Agreement”) and general release between JENNIFER VASQUEZ, an individual (hereinafter “Vasquez”) and the CITY OF SOUTH EL MONTE, a municipal corporation (hereinafter “City”).

RECITALS

1. On June 30, 2017, City and Vasquez entered into an Employment Agreement, with an expiration date of June 30, 2020, under which Vasquez served as City Manager.

2. Section 9.A. of the Agreement states: “If City terminates this Agreement (thereby terminating Employee’s employment with City) without cause during the term of this Agreement, City shall pay Employee an amount up to a maximum of 12 months of her then-monthly base salary as severance pay….”

3. On May 2, 2019, the City Council terminated the Agreement.

4. City and Vasquez desire to amicably resolve and settle any and all controversies, disputes, or claims that exist, or may exist, between them according to the terms of this Agreement, arising from her employment with the City any other facts or causes existing prior to the execution date of this Agreement.

NOW, THEREFORE, in consideration of the foregoing recitals and of the mutual promises and covenants hereinafter set forth, the Parties hereby agree:

1. Payments.

A. On or before May 30, 2019, City shall pay Vasquez:

(1) $4,832.75, for all properly accrued and unused sick leave to which she is entitled, under City’s rules, through the effective date of her separation; and

(2) $25,068.46, for all properly accrued and unused vacation leave to which she is entitled, under City’s rules, through the effective date of her separation.

B. On or before June 30, 2019, City shall pay Vasquez, $91,800, which equals six months of her most recent salary as follows:

(1) Providing a check in the amount of $76,425 to her;

(2) Depositing, pursuant to her request, $15,375, into her deferred compensation plan.

C. City shall pay Vasquez, on or before June 30, 2020, $91,800, which equals six months of her current salary. Vasquez may direct some of this severance payment to her 457 deferred

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compensation plan, subject to the maximum contribution limit. Employer agrees to cooperate with Employee in allocating such deferral as she directs. Employee is responsible for assuring that the timing of such deferral meets legal requirements for the deferred compensation plan and that the deferral is permissible under the Internal Revenue Code and applicable regulations. City makes no representation regarding the availability of the deferral or the tax effect of such deferral.

D. The City will withhold federal and state payroll deductions from the amounts provided pursuant to subsections A (1) and (2), B (1) and C.

2. Release.

Upon the effective date of this Agreement, Vasquez hereby releases and discharges City and its respective past and present elected officials, appointed officials, agents, employees, managers, representatives, officers, directors, attorneys, accountants, partners, insurers, predecessors-in-interest, advisors, partnerships, successors, assigns, and affiliated persons, organizations, and entities (hereinafter “Released Parties”) from any and all claims, causes of action, liabilities, expenses of any kind or nature that Vasquez has or may have had. This release does not extend to rights that may not be waived as a matter of law, including unwaivable rights that Vasquez may have, if any, under the California Labor Code.

Vasquez specifically acknowledges that she is aware of, and familiar with, the provisions of California Civil Code Section 1542, which provides as follows:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HIS SETTLEMENT WITH THE

DEBTOR.”

Vasquez, being aware of this statute and its meaning and effect, expressly waives and relinquishes all rights and benefits she may have as well as any other rights or benefits derived from any statutes or common law principles of similar effect arising out of her employment with City and/or the termination of her employment with City.

3. General Provisions.

A. This Agreement constitutes the final, complete and exclusive agreement between the parties. All prior discussions and negotiations have been and are merged and integrated into, and are superseded by, this Agreement. City and Employee hereby acknowledge that they have neither made nor accepted any other promise or obligation with respect to her employment or the termination of her employment. This Agreement may be amended only by mutual written agreement approved by the City Council.

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B. If any provision or any portion of this Agreement is held to be unconstitutional, invalid or unenforceable, the remainder of the Agreement shall be deemed severable and shall not be affected and shall remain in full force and effect.

C. Employee acknowledges that she has had the opportunity and has conducted an independent review of the financial and legal effects of this Agreement. Employee acknowledges that she has made an independent judgment upon the financial and legal effects of this Agreement and has not relied upon any representation of City, its officers, agents or employees other that those expressly set forth in the Agreement.

IN WITNESS WHEREOF the parties have executed this Agreement on May , 2019.

CITY

By: __________________________________ Rachel Barbosa, Interim City Manager

ATTEST:

______________________________________ Rose Juarez, City Clerk

APPROVED AS TO FORM:

______________________________________ Michael Estrada, City Attorney

JENNIFER VASQUEZ

By: __________________________________ Jennifer E. Vasquez

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City Council Agenda ReportAgendaItem No.

9.a

DATE: June 25, 2019

TO: Honorable Mayor and Members of the City Council

APPROVED BY: Rachel Barbosa, Interim City Manager

APPROVED AS TO FORM: Michael Estrada, City Attorney

SUBMITTED BY: Rene Salas, Public Works Director

SUBJECT: ADOPT RESOLUTION NO. 19-43, APPROVING THEFOURTH AMENDMENT TO THE AMENDED ANDRESTATED AGREEMENT BETWEEN THE CITY OFSOUTH EL MONTE AND ATHENS SERVICES,PROVIDING FOR AN ORGANICS RECYCLINGPROGRAM, AND APPROVING A RATE INCREASE FORTHE ORGANICS RECYCLING PROGRAM

SUMMARY: Commercial and Residential refuse collection is provided by Athens Serviceson a contract basis. Assembly Bill 1826 is a state mandate requiring an organics recyclingprogram for commercial and multi-family customers. The proposed Fourth Amendment tothe Collection Agreement with Athens would provide for implementation of an OrganicsRecycling program, and authorize a 22.8% refuse collection rate increase for Commercialand Multi-Family customers to comply with AB 1826 state mandates for OrganicsRecycling.

RECOMMENDATION: Staff recommends that the City Council adopt Resolution No.19-43, approving the Fourth Amendment to the Amended and Restated Agreementbetween the City of South El Monte and Athens Services, providing for an OrganicsRecycling Program, and approving a Rate Increase for the Organics Recycling Program.

FISCAL IMPACT: The franchise fee (rate) paid to the City would not change. What wouldchange is the increase in franchise revenue to the city with this rate increase, estimated tobe around an additional $100,000 annually.

DISCUSSION: AB 1826, signed into law by former Governor Brown, requires all cities andcounties to introduce organics recycling in 2016, with the largest generators of organic

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waste required to begin first. Under AB 1826, all businesses generating eight or morecubic yards of organic material per week (identified as Tier 1) were required to beginorganics recycling in April 2016. Businesses generating four yards of organic material perweek (identified as Tier 2) are required to begin in January 2017, and businessesgenerating four or more cubic yards of solid waste per week (identified as Tier 3) arerequired to begin in January 2019.

Table 1, in Attachment A, shows the amount of businesses that fall in each Tierclassification within South El Monte.

AB 1826 requires that businesses, including multifamily complexes with 5 units or more,either subscribe to an organics recycling program that includes diverting the organics fromdisposal at the landfill, recycle its organic waste onsite, or self-haul the organics to arecycling facility. AB 1826 phases in compliance requirements between 2016 and 2020based on the amount of organic material generated. Organic waste is defined as foodwaste, green waste, landscape and pruning waste, nonhazardous wood waste, and foodsoiled paper waste that is mixed with food waste.

Staff has been working with Athens Services to roll out an organics recycling program tomeet the requirements of AB 1826. The 22.8% refuse rate increase for all multi-family (5units or more) and commercial customers will include all education and outreach to ensurea successful program. In addition, the increase will enable any multifamily and commercialcustomer the opportunity to call Athens up to request an organics barrel(s). Athens willassign a recycling coordinator to work with the customer to determine adequate equipmentand service frequency, as well as provide training to the customer and their staff. The ratewill include enough barrels to ensure the customer is compliant with AB1826. A separateorganics route will be created to collect organics in South El Monte, and the material will betransferred to the Athens composting facility, American Organics, in Victorville.

AB 1594 eliminated the ability to consider yard trimmings and pruning’s that are used aslandfill cover as being “diverted” from landfills. Many cities including South El Monte, reliedon green waste used as daily cover at landfills to be counted as diversion. Without this, wewill not meet our diversion goals. The only solution to count green waste is to send it tocompost facility. Athens has agreed in maintaining residential green waste as a diversioncredit by composting the residential green waste.

Staff recommends approval of the proposed Fourth Amendment, including Athen’sproposed 22.8% refuse collection rate increase for commercial and multi-family customersto comply with AB 1826. For residential customers (3 units or less), Athens will continue tohonor the current contract Section 3.4.2 to collect and process residential green waste sothat it is diverted from disposal at the landfill, at no cost to residential customers. Thegreen waste will be delivered to their composting facility, American Organics in Victorville. All Organic customer will be charged a monthly fee of $5 for cleaning and Maintenance ofthe organics barrel to allow customers to request replacement/cleaning at any time uponrequest. A $250 Organics Contamination Charge would be given to those customer thathabitually toss non organic items into the organics barrel.

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ATTACHMENTS:Attachment A - Customer Totals

Attachment B - Resolution No. 19-43

Attachment C - 4th Amendment

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ATTACHMENT A

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Table 1 – Customer Totals

Customer Requirement CountTier 1 Generate 8 or more cubic yards of organic material per week 5Tier 2 Generate 4 cubic yards of organic material per week 16Tier 3 Generate 4 or more cubic yards of solid waste per week 321

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ATTACHMENT B

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RESOLUTION NO. 19-43

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH EL MONTE, APPROVING THE FOURTH AMENDMENT TO THE AMENDED AND RESTATED AGREEMENT FOR THE COLLECTION OF SOLID WASTE, RECYCLABLES, YARD WASTE AND OTHER COMPOSTABLES WITH ARAKELIAN ENTERPRISES, INC., DBA ATHENS SERVICES, AND DIRECTING THE MAYOR TO EXECUTE THE FOURTH AMENDMENT

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

SECTION 1. The City and Arakelian Enterprises, Inc., dba Athens Services (Athens) entered into the Amended and Restated Agreement for the Collection of Solid Waste, Recyclables, Yard Waste and Other Compostables dated September 13, 2000, which agreement was amended in 2006, 2008, and again in 2014 (as amended, the "Agreement").

SECTION 2. In response to Assembly Bill 1826, which requires that the City implement an organics recycling program, the City and Athens have negotiated an organics recycling program for commercial/industrial premises. In response to Assembly Bill 1594, which eliminated the use of green waste as alternative daily cover from being counted as diversion from the landfill, Athens has agreed to deliver all green waste from residential premises to a composting facility.

SECTION 3. The City Council considered the proposed Fourth Amendment, which includes the maximum permitted rates for the organics recycling program, at a regularly noticed public meeting on June 11, 2019. Based on the evidence presented at that meeting, the City Council finds that the proposed Fourth Amendment is in the best interests of the City.

SECTION 4. The City Council hereby approves the proposed Fourth Amendment. The Mayor is directed to execute the Fourth Amendment, substantially in the form attached to the agenda report for this item. The Mayor and City Manager are hereby directed to take all actions necessary to effectuate this resolution.

SECTION 5. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 11th day of June 2019.

_____________________________Gloria Olmos, Mayor

ATTEST:

_____________________________ Rose Juarez, City Clerk

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STATE OF CALIFORNIA )COUNTY OF LOS ANGELES ) SS:CITY OF SOUTH EL MONTE )

I, Rose Juarez, City Clerk of the City of South El Monte, do hereby certify that the foregoing Resolution, being Resolution No. 19-43, was passed and approved by the City Council of the City of South El Monte at a regular meeting of said Council held on the 11th day of June, 2019, and that said Resolution was adopted by the following vote:

AYES:NOES:ABSENT:ABSTAIN:

_____________________________ Rose Juarez, City Clerk

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City Council Agenda ReportAgendaItem No.

9.b

DATE: June 25, 2019

TO: Honorable Mayor and Members of the City Council

APPROVED BY: Rachel Barbosa, Interim City Manager

APPROVED AS TO FORM: Michael Estrada, City Attorney

SUBMITTED BY: Jayson Perez, Recreation Coordinator

SUBJECT: FACILITY RESERVATION FEE WAIVER REQUESTED BYTHE EL MONTE/SOUTH EL MONTE JETS FOOTBALLORGANIZATION (JETS) FOR THE USE OF NEW TEMPLEPARK FIELDS, COMMUNITY CENTER AMPHITHEATER,AND GYMNASIUM

SUMMARY: The Jets are requesting a fee waiver for the use of the New Temple ParkFields to host the 2019 season's practices and games from July 10, 2019 - November 22,2019, Community Center Amphitheater to host cheer leading practices from July 10, 2019- February 23, 2020, and the Community Center Gymnasium to host the organization'sfundraiser event on October 19, 2019.

RECOMMENDATION: Staff recommends that the City Council discuss and take action onthe facility reservation fee waiver requested by the Jets in the amount of $36,700.00.

FISCAL IMPACT: The Facility Rental fees are based on a "Resident" status under theCity approved Facility Reservation Regulations and Fees Schedule of 2018.

Please See Attachment A, Cost Break Down of Park Reservation Fees, for a tabledemonstrating the fees associated with the reservations.

DISCUSSION: The City of South El Monte has been a long time supporter of the JetsOrganization. The local non-profit group services the City of South El Monte andneighboring communities through their flag football, tackle football, and cheer programs.Jets provide a safe environment for children ages 5-13 to learn the skills of football andcheer. The Jets' football programs will meet at New Temple Park beginning July 10, 2019to November 22, 2019 for practices and games.

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In addition, Jets is requesting the use of the South El Monte Community CenterAmphitheater to host cheer practices from Monday to Friday beginning in July from 6:00p.m. to 9:00 p.m. and use of the Community Center Gymnasium to host the league's annualfundraiser event on Saturday, October 19, 2019 from 12:00 p.m. to 1:00 a.m.

The Jets Organization is responsible to pay fees that include field lights, City staff fees, anddamage deposits in the total amount of $5,580.00. In addition, Jets are responsible toprovide proof of insurance, liquor license, and hiring security guards as applicable.

ATTACHMENTS:Attachment A- Fee Wavier Jets Foot Ball Fiscal Impact Charts

Attachment B - Fee Waiver Jets Reservation Dates

Attachment C - Reservation Applications

Attachment D - City Letter - Donation (Fees waived) Jets

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ATTACHMENT A

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Cost Break Down of Park Reservation Fees

New Temple FieldsFee Description Units TotalFields Fee: $50/hour 207 hours $10,350.00Park Lighting Fee: $30/hour x 116 hours $3,480.00Liability Insurance Premium: (agency provided) $0.00Damage Deposit: $500.00 $500.00

Light Fees are for any hours after 8:00 p.m. in the months of July- September and after 6:00 p.m. in the months of October - December

Community Center Amphitheater Fee Description Units TotalBuilding Fee: $50/hour x 501 hours $25,050.00Staff Fee: $0/hour x 0 hours $0.00Liability Insurance Premium: (agency provided) $0.00Damage Deposit: $500.00 $500.00

Community Center Gymnasium Fee Description Units TotalBuilding Fee: $100/hour x 13 hours $1,300.00Staff Fee: ($12/hour x 1 staff x 7 hours) +

($12/hour x 3 staff x 6 hours)$300.00

Liability Insurance Premium: (agency provided) 0.00Damage Deposit: $500.00 $500.00Clean up Fee: $300.00 $300.00

Total fees waived: $36,700.00Total fees charged to Jets Organization: $5,580.00

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ATTACHMENT B

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Jets Football and Cheer Requested Dates

Park: New Temple Park

Months: July 15, 2019 -August 9, 2019

Days: Monday, Tuesday, Wednesday, Thursday, and Friday- Hours: 6:00 p.m.- 9:00 p.m.

Months: August 12, 2019 – November 21, 2019

Day: Tuesday, Wednesday, and Thursday- Hours: 6:00 p.m.-9:00 p.m.- Days: Saturdays- Hours: 8:00 a.m.-2:00 p.m.

Facility: Community Center Amphitheater

Months: July 2019 – November

- Days: Tuesday, Wednesday, and Thursday- Hours: 6:00 p.m. – 9:00 p.m.

Months: November 2019 – February 2020

- Days: Monday, Tuesday, Wednesday, Thursday, and Friday- Hours: 6:00 p.m.-9:00 p.m.

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Attachment D

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El Monte/South El Monte (EMSEM) Jets a

Jr. All American Football and Cheer Youth Organization - 2 0 1 9 Season

P.O. Box 3175 South El Monte, CA 91733-0175

Tel: (626) 975-5197 Email: emsemjets@gmail.com

www.emsemjets.com

501 (c)(3) Tax ID #: 91-2162658

May 1, 2019

City of South El Monte,

This letter is to inform you, and the City of South El Monte, that Billy Valencia was elected to serve as the new President of the El Monte/South El Monte (EMSEM) Jets Jr. All American Football and Cheer Youth Organization. His role is crucial as he ensures that the organization runs smoothly and effectively for our upcoming 2019-2020 season. Beginning January 1, 2019, Billy Valencia is responsible in executing all EMSEM Jets football and cheer related business. This includes, and is not limited to, all financial related affairs.

In the cities of El Monte and South El Monte, there is nothing more important than fostering responsible, hard working and respectful citizens. This journey, for many of our participants, begins with the El Monte/South El Monte (EMSEM) Jets Youth Football and Cheer program. With over 50 years of visibility throughout our joint communities, the EMSEM Jets have become a staple in our cities.

The purpose of the EMSEM Jets is to teach our athletes the responsibilities of sportsmanship, self-esteem, teamwork and academic achievement. Our dedicated coaches and volunteers are our first line of support, donating countless hours of their time to ensure we have a competitive and successful season. Established with the San Gabriel Valley Jr. All American Football Conference (SGVJAAFC) in 1964, the EMSEM Jets program is a a 501 (c) (3) non-profit league.

We are formally asking for your support with our training facilities. We are planning on using the South El Monte Community Center and New Temple Park to host practices and events. We hope that we can count on the the city of South El Monte to help us celebrate over 50 years of Jets football and cheer tradition!

Sincerely,

EMSEM Jets Jr. All American Football & Cheer Youth Organization

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City Council Agenda ReportAgendaItem No.

9.c

DATE: June 25, 2019

TO: Honorable Mayor and Members of the City Council

APPROVED BY: Rachel Barbosa, Interim City Manager

APPROVED AS TO FORM: Michael Estrada, City Attorney

SUBMITTED BY: Rene Salas, Public Works Director

SUBJECT: ADOPT RESOLUTION NO. 19-49 CLARIFICATION OFTHE ENGINEERING DEPARTMENT SCHEDULE OFAPPROVED FEES

SUMMARY: On October 24, 2017, Resolution 17-100 was approved which updated theCity of South El Monte fee schedule. Since the adoption of the Schedule of ApprovedFees, clarification has been requested as to the applicability of the Engineering Fees (plancheck, permit issuance, and inspection fees) to private development and improvementswithin the right-of-way and the metrics of the fees in relation to the improvement quantitiesand construction schedule. For this reason, clarifications to the Engineering Fee Schedulehave been prepared.

RECOMMENDATION: Staff recommends that the City Council adopt Resolution No.19-49, clarifying the Engineering Department Portion of the South El Monte Fee Schedulewith any amendments to the clarifications that the City Council finds necessary.

FISCAL IMPACT: None. Clarification to the existing Engineering Department feeschedule is being provided.

DISCUSSION: On October 24th, 2017, Resolution 17-100 was approved which updatedthe City of South El Monte fee schedule. Attachment C is the Engineering DepartmentSchedule of Approved Fees excerpt from this current master fee schedule. Since theadoption of the Schedule of Approved Fees, various agencies, utilities, and developershave requested clarification as to the applicability of the Engineering Fees (plan check,permit issuance, and inspection fees) to private development and improvements within theright-of-way and the metrics of the fees in relation to the improvement quantities and

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construction schedule. See Attachment B – Clarification of the Engineering DepartmentSchedule of Approved Fees.

Also, a letter addressed to the City from the California Trucking Association was receivednoting a fee violation of Extra Legal Transportation Permit Fees (Wide Load and OverWeight Permits). See Attachment D - Extra Legal Transportation Permit Fee Letter. Theletter states that per California Law, the City may charge a single trip or annual permit feenot to exceed the fee developed by the Department of Transportation. Clarification is nowprovided regarding the single trip and annual Extra Legal Transportation Permits fees.

Staff report prepared by Michael Ackerman, City Engineer.

ATTACHMENTS:Attachment A - Resolution No. 19-49

Attachment B - Clarification to Engineering Fees 2019

Attachment C - Engineering Department Scheduled of Approved Fees

Attachment D - Extra Legal Transportation Permit Fee Letter

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Attachment A

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RESOLUTION NO. 19-49

A RESOLUTION OF THE SOUTH EL MONTE CITY COUNCIL CLARIFYING THE ENGINEERING DEPARTMENT PORTION OF THE SOUTH EL MONTE FEE SCHEDULE

THE CITY COUNCIL OF THE CITY OF SOUTH EL MONTE DOES RESOLVE AND FIND AS FOLLOWS:

WHEREAS, the City approved and adopted Resolution 17-100 on October 24th, 2017Updating the City of South El Monte Fee Schedule.

WHEREAS, since the adoption of the Schedule of Approved Fees, various agencies, utilities, and developers have requested clarification as to the applicability of the Engineering Department fees to public and private improvements and the metrics of the fees in relation to the improvement quantities and the construction schedule.

WHEREAS, per California Law, the City may charge a single trip or annual permit fee not to exceed the fee developed by the Department of Transportation. Clarification is now provided regarding the single trip and annual Extra Legal Transportation Permits fees.

THE SOUTH EL MONTE CITY COUNCIL HEREBY RESOLVES AS FOLLOWS:

SECTION 1: The City Council hereby adopts and approves Resolution 19-49 clarifying the Engineering Department portion of the South El Monte Fee Schedule.

SECTION 2: This Resolution shall be effective July 1, 2019.

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

PASSED, APPROVED AND ADOPTED this 25th day of June, 2019.

_____________________________Gloria Olmos, Mayor

ATTEST:

_____________________________Rose Juarez, City Clerk

STATE OF CALIFORNIA )COUNTY OF LOS ANGELES ) SS:CITY OF SOUTH EL MONTE )

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I, Rose Juarez, City Clerk of the City of South El Monte, hereby certifies that the foregoing Resolution No. 19-49, was adopted by the South El Monte City Council at a duly noticed council meeting held on June 25, 2019, by the following vote:

AYES:NOES:ABSENT:ABSTAIN:

_____________________________Rose Juarez, City Clerk

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Attachment B

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ENGINEERING DEPARTMENT (R.O.W. and Private Development Fees)

Fee Name

Permit Issuance FeeRenewal or Extension of an existing PermitResidential Driveway (Up to 3 Inspections) (Each, Plan Check & Inspection)

Commercial Driveway (Up to 3 Inspections) (Each, Plan Check & Inspection)

Sidewalks Up to 300 sq. ft. (Plan Check & Inspection)

Each additional sq. ft in excess of 300 ft (Plan Check & Inspection)

Curbs, Gutters, and Monolithic Curbs & Gutters (up to 50 sqft) (Plan Check & Inspection)

Each additional sq. ft in excess of 50 ft (Plan Check & Inspection)

Yard Drains / Curb Drains (Each Location, Plan Check & Inspection)

Excavation in Public Right-of-Way (Each Location, Plan Check & Inspection)

Irrigation Systems in Public R.O.W. (Each Location, Plan Check & Inspection)

Material Storage in Public R.O.W. (Each Location, Plan Check & Inspection)

Temporary Fencing in Public R.O.W. (Each Location, Plan Check & Inspection)

Street Cut Permits Up to 300 sq. ft. (Plan Check & Inspection)

Each additional sq. ft in excess of 300 ft (Plan Check & Inspection)

Street Closures (per day for block parties, special events, etc) (Plan Check & Inspection)

Construction Canopies in Public R.O.W. (Each Location, Plan Check & Inspection)

Permit Rider / Special Deposit (Issuance / Processing)

Grading Permit (Plan Review) (Inspection per Hour)

Erosion Control in Public R.O.W. Plan Check (min. 1 hour) (10% of grading fee) Inspection (min. 2 hours) (15% of grading fee)Engineering fee for a new "Y" or Lateral (Each, Plan Check & Inspection)

News Rack permit

(Items in iatalics added for clarification, June 2019)

$ 189.00

$ 505.00 $ 202.00

$ 3,659.00

$ 202.00 $ 202.00

$ 252.00 $ 13.00

Schedule of Approved Fees

Approved Fees

$ 76.00 $ 63.00 $ 221.00 $ 315.00

$ 202.00 $ 2.00 $ 221.00

$ 252.00

$ 3.00 $ 32.00 $ 505.00 $ 252.00

2 of 17

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ENGINEERING DEPARTMENT (R.O.W. and Private Development Fees)

Fee Name

Filing and Processing (per Rack) (Plan Check & Inspection)

Annual Renewal of News Rack permit (per rack) (Plan Check & Inspection)

Street Vacation, Light, Air Easement (Plan Check)

Curb Painting (Each Location, Plan Check & Inspection)

Encroachment Permit (incl. Plan Check & Insp) (Misc. Work)

Painting House Numbers on Curb (Each, Plan Check & Inspection)

Temporary Closure of Street (per Day, Inspection of Temporary Traffic Control Devices)

Sign Posting in Public R.O.W. (Each, Plan Check & Inspection)

Wide Load or Over Weight Permit (Each, $90 Annual, No Permit Issuance Fee for this Permit)

Banner Hanging in Public R.O.W. (Each, Plan Check & Inspection)

Hydrology (0-1,500 sq.ft) (Plan Check & Inspection)

Traffic Control Plan Check - Over CounterTraffic Control Plan Check - per hourReview Studies and Reports (per hour)Trenching in Public R.O.W. (Each Location, Plan Check & Inspection)

Well Monitoring (Each Location, Plan Check & Inspection)

Filming in Public R.O.W. (per Day, Plan Check & Inspection)

Any Other Work in Public R.O.W. (per Hour, Plan Check & Inspection)

Boring within Public R.O.W. same (Each Location, Plan Check & Inspection)

Removing / Closing existing Driveway (Each, Plan Check & Inspection)

Relocate Existing Drainage (Each Location, Plan Check & Inspection)

New Streets (Public & Private) Submittal Fee Minimum Plan Check Fee (0-10,000 Sq. ft) 10,001+ sq. ft. ($0.05/sq. ft.) Inspection Fee (minimum fee 0-10,000 Sq. ft) (10,001+ sq. ft. ($0.05/sq. ft.))

$ 16.00

Schedule of Approved Fees

Approved Fees

$ 202.00 $ 76.00 $ 1,703.00 $ 50.00 $ 757.00 $ 189.00 $ 202.00 $ 16.00

(Items in iatalics added for clarification, June 2019)

$ 970.00

$ 76.00 $ 1,451.00 $ 63.00 $ 126.00 $ 126.00 $ 252.00 $ 221.00 $ 568.00 $ 126.00 $ 378.00 $ 252.00

$ 378.00 $ 1,500.00 $ 0.05 $ 378.00

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ENGINEERING DEPARTMENT (R.O.W. and Private Development Fees)

Fee Name

Easements (Each, Plan Check & Inspection)

Geotechnical Site Review (Plan Check & Inspection)

Final Clearance / Verification of Conditions Tract Map Parcel MapSubdivision Improvement Agreement (Tract or Parcel Map)Monument Inspection (per Monument)Map Analysis for Tracts (Plan Check)

Updating City Maps (up to 3 reviews; $16/ lot in excess of 10 lots) 1-10 Lots (Plan Check)

11-25 Lots (Plan Check)

4th & 5th Submittal of Originals (Plan Check)

6th & 7th Submittal of Originals (Plan Check)

8th & each subsequent submittal of original (Plan Check)

Tract Closeout

After final inspection, review / apporve "as-built" plans, review files/ agreements / release securities & prepare staff report for City Council acceptanceMap Monuments requiring survey check (per hour)

$ 400.00

Schedule of Approved Fees

Approved Fees

$ 1,199.00 $ 378.00

$ 750.00

(Items in iatalics added for clarification, June 2019)

$ 140.00

$ 505.00 $ 252.00

$ 315.00 $ 5,046.00 $ 10,093.00 $ 2,019.00 $ 1,514.00 $ 1,514.00

$ 1,009.00

4 of 17

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Attachment C

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2 of 17

ENGINEERING DEPARTMENT

Fee NameApproved

FeesPermit Issuance Fee $ 76.00 Renewal or Extension of an existing Permit 63.00$ Residential Driveway (Up to 3 Inspections) 221.00$ Commercial Driveway (Up to 3 Inspections) 315.00$ Sidewalks

Up to 300 sq. ft. $ 202.00 Each additional sq. ft in excess of 300 ft 2.00$

Curbs, Gutters, and Monolithic Curbs & Gutters (up to 50 sqft) 221.00$ Each additional sq. ft in excess of 50 ft 3.00$

Yard Drains / Curb Drains 32.00$ Excavation in Public Right-of-Way $ 505.00 Irrigation Systems in Public R.O.W. $ 252.00 Material Storage in Public R.O.W. $ 202.00 Temporary Fencing in Public R.O.W. $ 202.00 Street Cut Permits

Up to 300 sq. ft. $ 252.00 Each additional sq. ft in excess of 300 ft $ 13.00

Street Closures (per day for block parties, special events, etc) $ 505.00 Construction Canopies in Public R.O.W. $ 202.00 Permit Rider / Special Deposit $ 252.00 Grading Permit (Plan Review) $ 3,659.00 Erosion Control in Public R.O.W.

Plan Check (min. 1 hour) (10% of grading fee)Inspection (min. 2 hours) (15% of grading fee)

Engineering fee for a new "Y" or Lateral $ 189.00 News Rack permit

Schedule of Approved Fees

EXHIBIT A

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ENGINEERING DEPARTMENT

Fee NameApproved

Fees

Schedule of Approved Fees

Filing and Processing (per Rack) $ 202.00 Annual Renewal of News Rack permit (per rack) $ 76.00

Street Vacation, Light, Air Easement $ 1,703.00 Curb Painting $ 50.00 Encroachment Permit (incl. Plan Check & Insp) $ 757.00 Painting House Numbers on Curb $ 189.00 Temporary Closure of Street $ 202.00 Sign Posting in Public R.O.W. $ 16.00 Wide Load or Over Weight Permit $ 16.00 Banner Hanging in Public R.O.W. $ 76.00 Hydrology (0-1,500 sq.ft) $ 1,451.00 Traffic Control Plan Check - Over Counter 63.00$ Traffic Control Plan Check - per hour $ 126.00 Review Studies and Reports (per hour) $ 126.00 Trenching in Public R.O.W. $ 252.00 Well Monitoring $ 221.00 Filming in Public R.O.W. $ 568.00 Any Other Work in Public R.O.W. $ 126.00 Boring within Public R.O.W. same $ 378.00 Removing / Closing existing Driveway $ 252.00 Relocate Existing Drainage $ 970.00 New Streets (Public & Private)

Submittal Fee $ 378.00 Minimum Plan Check Fee (0-10,000 Sq. ft) 1,500.00$ 10,001+ sq. ft. ($0.05/sq. ft.) 1,500.00$ Inspection Fee (minimum fee 0-10,000 Sq. ft) $ 378.00

EXHIBIT A

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4 of 17

ENGINEERING DEPARTMENT

Fee NameApproved

Fees

Schedule of Approved Fees

Easements $ 1,199.00 Geotechnical Site Review $ 378.00 Final Clearance / Verification of Conditions

Tract Map 750.00$ Parcel Map 400.00$

Subdivision Improvement Agreement (Tract or Parcel Map) $ 505.00 Monument Inspection (per Monument) $ 252.00 Map Analysis for TractsUpdating City Maps (up to 3 reviews; $16/ lot in excess of 10 lots) $ 315.00

1-10 Lots $ 5,046.00 11-25 Lots $ 10,093.00 4th & 5th Submittal of Originals $ 2,019.00 6th & 7th Submittal of Originals $ 1,514.00 8th & each subsequent submittal of original $ 1,514.00

Tract Closeout After final inspection, review / apporve "as-built" plans, review files/ agreements / release securities & prepare staff report for City Council acceptance

$ 1,009.00

Map Monuments requiring survey check (per hour) 140.00$

EXHIBIT A

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Attachment D

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March 1, 2019 Mayor Gloria Olmos City of South El Monte 1415 Santa Anita Ave. El Monte, California 91733 Re: Extra Legal Transportation Permit Fee Dear Mayor Olmos: The California Trucking Association is a non-profit trade organization representing 1,100 trucking companies operating into and out of California. It is our understanding that your city is charging a minimum fee of $92.00 for an oversized transported load to travel through your city. This is in direct violation of California law. Your city may charge a fee of $16.00 (single trip) and $90.00 (annual permit fee) for vehicles that require an extra legal load permit. Vehicle Code Section 35795 states: (b) “The fee shall be calculated to produce a total estimated revenue that is not more estimated total cost incurred by the local authority in administering its authority under this Article and shall not exceed the fee developed by the Department of Transportation pursuant to subdivision (a). The fee for the issuance of permits shall be developed in consultation with representatives of local government and the commercial trucking industry.

Your city permit program is in direct conflict with California law. For those vehicles that are oversized or overweight that are required to obtain a permit from your city, you are assessing permit fees that are higher than the fee schedule adopted by Caltrans. We are asking that you cease and desist the following unlawful business practice of assessing an increase to the state mandated fee to travel through your city. If you have any questions you may reach me at (916) 373-3562. Sincerely,

Eric Sauer Senior Vice President of Government Affairs California Trucking Association Chairperson, Caltrans Transportation Permit Advisory Council (CTPAC) CC: Council Member Richard Angel, Council Member Hector Delgado, and Council Member Gracie Retamoza 233

City Council Agenda ReportAgendaItem No.

11.a

DATE: June 25, 2019

TO: Honorable Mayor and Members of the City Council

APPROVED BY: Rachel Barbosa, Interim City Manager

APPROVED AS TO FORM: Michael Estrada, City Attorney

SUBMITTED BY: Dianna Gomez, Executive Assistant

SUBJECT: CORRESPONDENCE FROM MOUNTAIN VIEW HIGHSCHOOL FOOTBALL TEAM REQUESTINGSPONSORSHIP IN THEIR ANNUAL FOOTBALLPROGRAM

SUMMARY: The Mountain View High School football team is seeking funds for support oftheir 2019-2020 annual football program. The amounts range from $50.00 - $450.00depending on the size of the ad chosen.

RECOMMENDATION: Staff recommends the City Council review the request from theMountain View High School Football Team for a Program Ad.

FISCAL IMPACT: The requested sponsorship is not included in the Fiscal Year 2018/19budget. Should the Council approve the sponsorship request, an amount not to exceed$450.00 will be appropriated from available fund reserve balance.

DISCUSSION: The Mountain view high school football program seeks to raise $20,000 tosupport all expeses of the team including tournaments, trainings, equipment etc. There are9 options in sponsorship levels ranging from $50 for business card size ad to - $450 for afull page ad and banner in every program. The add will be featured in 5 home games andany home playoff games.

ATTACHMENTS:Request Letter

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Successor Agency Agenda Report

AgendaItem No.

19.a

DATE: June 25, 2019

TO: Honorable Chairperson and Members of the Board

APPROVED BY: Rachel Barbosa, Interim Executive Director

SUBMITTED BY: Rose Juarez, City Clerk

SUBJECT: MINUTES

SUMMARY: Staff seeks Agency Board approval of the Minutes of the Regular Meeting ofMay 28, 2019.

RECOMMENDATION: Staff recommends that the Agency Board approve the abovereferenced minutes.

FISCAL IMPACT: None.

ATTACHMENTS:Minutes

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CITY OF SOUTH EL MONTESUCCESSOR AGENCY MEETING MINUTES

MAY 28, 2019 6:00 P.M.COUNCIL CHAMBERS, 1415 N. SANTA ANITA

SOUTH EL MONTE, CA 91733

CALL TO ORDER AND ROLL CALL

The City Clerk announced that the Board Members do not receive any compensation or stipend for attending the Successor Agency meeting.

Chairperson Olmos called the meeting to order at 6:49 p.m.

PRESENT:Commissioners Acosta, Angel, Olmos, and Retamoza.ABSENT: Commissioner Delgado.

Also Present: (General Counsel) Quinn Barrow, (Interim Executive Director) Rachel Barbosa, (Secretary) Rose Juarez, (Deputy City Clerk) Paola Lara, (Public Works Director) Rene Salas, and (Community Development Director) Jose Jimenez.

APPROVAL OF THE AGENDA

A motion was made by Angel, seconded by Acosta and carried (4 - 0, Delgado "absent") to approve the agenda.

AYES: Commissioners: Acosta, Angel, Olmos, and Retamoza.NAYS: None.ABSENT:Commissioner: Delgado.

PUBLIC COMMENTS

Chairperson Olmos opened and closed public comments after determining there was no one wishing to speak.

CONSENT CALENDAR

a. MINUTES

Regular Meeting - April 23, 2019

b. WARRANTS

Authorizing payment of Successor Agency expenditures.

RESOLUTION NO. SA 19-06

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE SOUTH EL MONTE IMPROVEMENT DISTRICT ALLOWING

1

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CERTAIN CLAIMS AND DEMANDS FOR THE PERIOD OF APRIL 24, 2019 THROUGH MAY 28, 2019 TOTALING $13,099.09

c. TREASURER'S REPORT FOR THE MONTH OF APRIL 2019

In compliance with the California Government Code, Section 53646, as Treasurer of the Successor Agency to the South El Monte Improvement District, the following Report provides the revenue and investment positions of the Agency for the month of April 2019. Such revenues and investments are sufficient to meet the Agency's budgeted expenditures for the upcoming month.

d. PROPOSED DARK SUCCESSOR AGENCY MEETING DATE

Staff is requesting that the Board "go dark" on August 27, 2019 as the Board will be taking a recess during the month of August.

A motion was made by Angel, seconded by Acosta and carried (4 - 0, Delgado "absent") to approve the Consent Calendar.

AYES: Commissioners: Acosta, Angel, Olmos, and Retamoza.NAYS: None.ABSENT:Commissioner: Delgado.

EXECUTIVE DIRECTOR’S AGENDA None.

ADJOURNMENT OF SUCCESSOR AGENCY MEETING

There being no further business coming before this body, Chairperson Olmos adjourned the meeting at 6:50 p.m.

_____________________________ ______________________________ Rose Juarez, Secretary Gloria Olmos, Chairperson

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239

Successor Agency Agenda Report

AgendaItem No.

19.b

DATE: June 25, 2019

TO: Honorable Chairperson and Members of the Board

APPROVED BY: Rachel Barbosa, Interim Executive Director

SUBMITTED BY: Angela Chiaromonte, Accounting Manager

SUBJECT: TREASURER'S REPORT FOR THE MONTH OF MAY 2019

SUMMARY: In compliance with the California Government Code, Section 53646, asTreasurer of the Successor Agency to the South El Monte Improvement District, thefollowing Report provides the revenue and investment positions of the Agency for themonth of May 2019. Such revenues and investments are sufficient to meet the Agency’sbudgeted expenditures for the upcoming month.

RECOMMENDATION: Staff recommends that the Agency Board receive and file theTreasurer’s Report for the month of May 2019.

FISCAL IMPACT: There is adequate cash to meet the requirements of the SuccessorAgency.

ATTACHMENTS:May Treasurer's Report

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