Cities Index.
Agenda, first session

Monterey Park City Council
January 19, 2022

Document
Agenda, first session
Meeting
January 19, 2022
Body
Monterey Park City Council
Pages
17
Original file
4.0 MB
Text extracted from the city's file for reading and search. Open the original on montereyparkca.api.civicclerk.com. That file is the official record.

CITY COUNCIL OF MONTEREY PARK

THE CITY COUNCIL ACTING ON BEHALF OF THE SUCCESSOR AGENCY OF THE FORMER

REDEVELOPMENT AGENCY, THE HOUSING AUTHORITY, THE MONTEREY PARK FINANCING

AUTHORITY AND THE MONTEREY PARK GEOLOGIC HAZARD ABATEMENT DISTRICT AGENDA

REGULAR CITY COUNCIL MEETING
Wednesday
January 19, 2022
6:30 p.m.

GENERAL INFORMATION
Documents related to an Agenda item are available to the public in the City Clerk’s Office located at 320 West Newmark Avenue, Monterey Park, CA 91754, during normal business hours and the City’s website at http://www.montereypark.ca.gov/AgendaCenter/City-Council-17.

The public may watch the meeting live on the city’s cable channel MPKTV (AT&T U -verse, channel 99 or Charter Communications, channel 182) or by visiting the city’s website at http://www.montereypark.ca.gov/133/City-Council-Meeting-Videos.

PUBLIC PARTICIPATION
In accordance with Government Code § 54953(e) and City Council resolution, remote public participation is allowed in the following ways:

Via Email (Written Communications)
Public comment will be accepted up to 24 hours before the meeting via email to [email protected]. Written communications (if any) will be briefly summarized and include the name of each individual that submitted a comment; the summary will be read via prerecorded video and played during the Public Comment section of the City Council meeting. To view the full text of written communications, please visit www.montereypark.ca.gov/AgendaCenter. All written communications are provided to the City Council and filed as part of the City’s administrative record.

ASSEMBLY BILL NO. 361
These meetings will be conducted pursuant to Government Code § 54953(e) as implemented by City Council Resolution.

Accordingly, Councilmembers will be provided with electronic meeting login information; they will not be physically present at Council Chambers.

Pursuant to City Council resolution, the public may provide public comment utilizing the methods set forth below.

Note that City Hall is currently closed to the public. You will not be admitted to City Hall.

MISSION STATEMENT
The mission of the City of Monterey Park is to provide excellent services to enhance the quality of life for our entire community.

Monterey Park City Council and Successor Agency Agenda, January 19, 2022 - Page 2 Via Telephone
Public comment may be submitted via telephone during the meeting, before the close of public comment, by calling (888) 788-0099 or (877) 853-5247 and entering Zoom Meeting ID: 289 222 5995 then press pound (#). When prompted to enter participation ID number press pound (#) again. If participants would like to make a public comment they will enter “*9” then the Clerk’s office will be notified, and you will be in the rotation to make a public comment. Press “ *6” to unmute yourself when called upon to speak.

Participants are encouraged to join the meeting 15 minutes before the start of the meeting. You may speak up to 5 minutes on Agenda item. Speakers will not be allowed to combine time. The Mayor and City Council may change the amount of time allowed for speakers. As part of the virtual meeting protocols, anonymous persons will not be allowed to provide public comment.

Important Disclaimer
When a participant calls in to join the meeting, their name and/or phone number will be visible to all participants. Note that all public meetings will be recorded.

CALL TO ORDER Mayor
FLAG SALUTE Mayor
ROLL CALL Peter Chan, Hans Liang, Henry Lo, Fred Sornoso, Yvonne Yiu

AGENDA ADDITIONS, DELETIONS, CHANGES AND ADOPTIONS
PUBL
IC COMMUNICATIONS:

While all comments are welcome, the Brown Act does not allow the City Council to take action on any item not on the agenda. The Council may briefly respond to comments after Public Communications is closed. Persons may, in addition to any other matter within the City Council's subject-matter jurisdiction, comment on Agenda Items at this time. If you provide public comment on a specific Agenda item at this time, however, you cannot later provide comments at the time the Agenda Item is considered.

STAFF COMMUNICATIONS: NONE.
[1.] PRESENTATION
1-A. NEW FLASHING YELLOW ARROW TRAFFIC SIGNALS
1-B. POTRERO GRANDE IMPROVEMENTS UPDATE
[2.] OLD BUSINESS – NONE.
[3.] CONSENT CALENDAR ITEM NOS. 3A-3F
3-A. MINUTES
It is recommended that the City Council consider:
(1) Approving the minutes from the regular meetings of December 1, 2021 and December 15, 2021; and the special meetings of December 15, 2021 and December 28, 2021; and (2) Taking such additional, related, action that may be desirable.

Monterey Park City Council and Successor Agency Agenda, January 19, 2022 - Page 3

3-B. MONTHLY INVESTMENT REPORT – DECEMBER 2021
It is recommended that the City Council consider:
(1) Receiving and filing the monthly investment report; and (2) Taking such additional, related, action that may be desirable.

3-C. DEVELOPMENT IMPACT FEES FOR FISCAL YEAR 2020-2021
It is recommended that the City Council consider:
(1) Reviewing and filing the Annual Report on Development Impact Fees for Fiscal Year 2020- 2021; and
(2) Taking such additional, related, action that may be desirable.

3-D. ADOPT A RESOLUTION RATIFYING CERTAIN ACTIONS COMPLETED BY THE CITY MANAGER REGARDING COVID-19 PANDEMIC; CONTINUE TO EXTEND THE EXISTENCE OF A LOCAL EMERGENCY; AND AUTHORIZE PUBLIC MEETINGS VIA

TELECONFERENCING
It is recommended that the City Council consider:
(1) Adopting a resolution ratifying certain actions completed by the City Manager regarding COVID-19 Pandemic, continue to extend the existence of a local emergency and authorize public meetings via teleconferencing; and
(2) Taking such additional, related, action that may be desirable.

California Environmental Quality Act (CEQA)
The Resolution itself and the actions anticipated by the Resolution were reviewed pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et seq ., the “CEQA Guidelines”). Based upon that review, this action is exempt from further review pursuant to CEQA Guidelines § 15269(a) because the protection of public and private property is necessary to maintain service essential to the public, health and welfare. 0F
1 3-E. CITY HALL FIRE ALARM PANEL REPLACEMENT
It is recommended that the City Council consider:
(1) Authorizing the City Manager to execute an Amendment, in a form approved by the City Attorney, to the Fire Alarm System Maintenance Agreement with Johnson Controls Fire Protection LP in the amount of $136,000;
(2) Appropriating an additional $112,000 from the General Fund balance to replace the existing City Hall fire alarm panel; and
(3) Taking such additional, related, action that may be desirable.

1 CEQA findings regarding an anticipated imminent emergency are valid (see CalBeach Advocates v. City of Solana Beach (2002) 103 Cal.App.4th 529).

Monterey Park City Council and Successor Agency Agenda, January 19, 2022 - Page 4

3-F. PROFESSIONAL SERVICE AGREEMENTS FOR ON -CALL GENERAL ENGINEERING

SERVICES
It is recommended that the City Council consider:
(1) Authorizing the City Manager, or designee, to execute 3 -year professional service agreements, with KOA Corporation, Transtech Engineers, RKA Consulting, and Valued Engineering to provide On- Call Engineering Services, in a form approved by the City Attorney; and
(2) Taking such additional, related, action that may be desirable.

[4.] PUBLIC HEARING

4-A. CONTINUATION OF THE MONTEREY PARK GEOLOGIC HAZARD ABATEMENT DISTRICT (“MPK GHAD”)
It is recommended that the Board of Directors consider:
(1) Continuing the continued public hearing to March 2, 2022; and (2) Taking such additional, related, action that may be desirable.

4-B. CONSIDERATION OF RESOLUTIONS OF THE CITY COUNCIL OF THE CITY OF

MONTEREY PARK ADOPTING AN ADDENDUM TO THE FINAL ENVIRONMENTAL IMPACT

REPORT (FOCUSED GENERAL PLAN UPDATE FINAL EIR, STATE CLEARINGHOUSE NUMBER 2001011074, DATED JUNE 2019) AND APPROVING THE GENERAL PLAN AMENDMENTS FOR THE UPDATE OF THE HOUSING (GPA 21 -01), SAFETY AND COMMUNITY SERVICES ELEMENT (GPA 21-02) AND ADDING A NEW ENVIRONMENTAL JUSTICE ELEMENT (GPA 21-03) OF THE MONTEREY PARK GENERAL PLAN It is recommended that the City Council consider:
(1) Opening a public hearing and taking testimonial and documentary evidence; (2) After closing the public hearing and considering the evidence submitted during that public hearing:
a. Adopt Resolution No. _____ approving an Addendum to the Final Environmental Impact Report certified in 2019 for the Land Use Element to the General Plan (Focused General Plan
Update Final EIR, State Clearinghouse Number
2001011074, dated June 2019);
b. Adopt Resolution No. _____ revising the Housing Element (GPA 21- 01) to the Monterey Park General Plan. Resolution No. ____ would also delegate authority to the City Manager, or des ignee, to make technical changes and other, non- substantive, edits to the 2021-2029 Housing Element, in a form approved by the City Attorney, that may result from HCD's review for final certification of the Housing Element, without further City Council consideration or re-adoption of the 2021-2029 Housing Element;
c. Adopt Resolution No. _____ revising the Safety and Community Services Element (GPA 21-02) to the Monterey Park General Plan;
d. Adopt Resolution No. _____ adding a new Environmental Justice Element ( GPA 21-03) to the Monterey Park General Plan: and
(3) Taking such additional, related, action that may be desirable.

Monterey Park City Council and Successor Agency Agenda, January 19, 2022 - Page 5

California Environmental Quality Act (CEQA)
The City prepared a comprehensive update to the Housing Element, a revision of the existing Safety and Community Services Element, and drafted a new Environmental Justice Element to the City of Monterey Park General Plan (collectively, the “Project).

After considering the Project, the Interim City Planner determined that the Final Environmental Impact Report (State Clearinghouse No. 2001011074, dated June 2019) certified by the City Council in 2019 for the Land Use Element (the “FEIR”), is of continuing informational value under the California Environmental Quality Act (“CEQA”). Consequently, an Addendum was drafted for City Council consideration in accordance with CEQA Guidelines § 15164 and is incorporated as Exhibit 1 to the draft Resolution. If adopted, the Resolution would approve the Addendum to the FEIR for purposes of analyzing the Project.

[5.] NEW BUSINESS

5-A.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY PARK,

CALIFORNIA APPOINTING COUNCIL REPRESENTATIVES TO SPECIFIC

ORGANIZATIONS
It is recommended that the City Council consider:
(1) Adopting a Resolution appointing representatives to specific organizations; and (2) Taking such additional, related, action that may be desirable.

[6.] CITY COMMUNICATIONS (CITY COUNCIL)

6-A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY PARK APPROVING

THE MEMORANDUM OF UNDERSTANDING OF FRIENDSHIP CITY PARTNERSHIP

BETWEEN THE CITY OF MONTEREY PARK AND PHU MY TOWN, BA RIA -VUNG TAU PROVINCE, SOCIALIST REPUBLIC OF VIETNAM (Requested by Council Member Peter Chan)
It is recommended that the City Council consider:
(1) Adopting a Resolution approving the Memorandum of U nderstanding of Friendship City partnership between the City of Monterey Park and Phu My Town, Ba Ria- Vung Tau Province, Socialist Republic of Vietnam; and
(2) Taking such additional, related, action that may be desirable.

[7.] FUTURE AGENDA ITEMS

[8.] CLOSED SESSION (IF REQUIRED; CITY ATTORNEY TO ANNOUNCE)

ADJOURN
City Council Staff Report
DATE: January 19, 2022
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Vincent D. Chang, Cit
y Clerk
SUBJECT: Minutes
RECOMMENDATION:

It is recommended that the City Council consider:

1. Approving the minutes
from the regular meetings of December 1, 2021 and
December 15, 2021; and t he special meetings of December 15, 2021 and December 28, 2021; and

2. Taking such additional, related, action that may be desirable.

EXECUTIVE SUMMARY:

None.

BACKGROUND:

None.

FISCAL IMPACT:

None.

Respectfully submitted,
Prepared by:

Vincent D. Chang
City Clerk

Viridiana Martinez
Senior Clerk Typist
Approved By:

Ron Bow
City Manager
ATTACHMENT(S):

1. Draft Minutes
Consent Calendar No. 3A
Staff Report
January 19, 2022

ATTACHMENT 1
Draft Minutes

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MINUTES

MONTEREY PARK CITY COUNCIL

FINANCING AUTHORITY (MPFA)

HOUSING AUTHORITY (MPHA)

GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD)

SUCCESSOR AGENCY (SA)
DECEMBER 1, 2021

The City Council, the Financing Authority (MPFA), the Hous ing Authority (MPHA) and the Geologic Hazard Abatement District (GHAD) of the City of Monterey Park held a Regular Teleconference Meet ing via Zoom on Wednesday, December 1, 2021 at 6:30 p.m. The regular meeting was conducted pursuant to Govern ment Code § 54953(e), as implemented by City Council Re solution. Accordingly, Council Members were provided a meeting login number and conference call number and were not physically present at Council Chambers.

The minutes include items considered by the City Council acting on behalf of the Successor Agency of the former Monterey Park Redevelopment Agency, which dissolved February 1, 2012. Successor Agency matters will include the notation of “SA” next to the Agenda Item Number.

PUBLIC PARTICIPATION

In accordance with Govern ment Code § 54953 (e) and gu idance from the California Department of Public Health on gatherings, remote public participation was allowed in the following ways:

Via Email

Public comment will be accepted up to 24 hours before the meeting via email to [email protected]
. Written communications (if any) will be briefly
summarized and include the name of each indi vidual that submitted a comment; the summary will be read via prerecorded vid eo and played during the Public Comment section of the City Council meet ing. To view the full text of written communications, please visit www.montereypark.ca.gov/AgendaCenter. All written communications are provided to the City Council and filed as part of the City’s administrative record.

Via Telephone

Public comment may be submitted via telephone during the meeting, before the close of public comment, by calling (888) 788-0099 or (877) 853-5247 and entering Zoom Meeting ID: 289 222 5995 then press pound (#). When prom pted to enter participation ID number press pound (#) again. If participant s would like to make a public comment they will enter “*9” then the Clerk’s office will be notified, and you will be in the rotation to make a public comment. Press “* 6” to unmute yourself when called upon to speak.

Participants are encouraged to jo in the meeting 15 minutes before the start of the meeting. You may speak up to 5 minutes on Agenda item. Speakers will not be allowed to combine time. The Mayo r and City Council may change the amount of time allowed

MISSION STATEMENT
The mission of the City of Monterey Park is to provide excellent services to enhance the quality of life for our entire community
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December 1, 2021
for speakers. As part of the virtual meet ing protocols, anonymous persons will not be allowed to provide public comment.

Important Disclaimer
– When a participant calls in to join the meeting, their name and/or phone number will be visible to a ll participants. Note that all public meetings will be recorded.

CALL TO ORDER:

Mayor Yiu called the meeting to order at 6:30 p.m.

FLAG SALUTE:

Mayor Yiu led the Flag Salute.

ROLL CALL:

City Clerk Vincent Chang called the roll:

Council Members Present: Peter Chan, H ans Liang, Henry Lo, Fred Sornoso, Yvonne Yiu
Council Members Absent: None

ALSO PRESENT: City Treasurer Joseph Leon, City M anager Ron Bow, City Attorney Karl Berger, Assistant City Manager Inez Alva rez, Fire Chief Matt Hallock, Police Chief Kelly Gordon, City Librari an Diana Garcia, Director of Public Works Frank Lopez, Director of Human Resources & Risk Managem ent Christine Tomikawa, Director of Recreation & Community Services Robert A guirre, Director of Management Services Martha Garcia, Interim Director of Comm unity & Economic Development Steve Sizemore, Economic Development Manage r Joseph Torres, Water Utility Manager Richard Gonzales, Police Sergeant Bob Hung, Deputy City Attorney Joaquin Vazquez, Deputy City Clerk Cindy Trang, Assistant Deputy City Clerk Helena Cho, Community Communications Coordinator Randy Ishino, Senior Clerk Typist Viridiana Martinez

AGENDA ADDITIONS, DELETIONS, CHANGES AND ADOPTIONS

City Manager Bow announced t hat Police Chief Gordon would be providing a presentation on Holiday Safety Tips during Staff Communications.

PUBLIC COMMUNICATIONS

Public Speaker Disclaimer: Meetings are held virtually and the information listed for the speakers may or may not reflect the correct spelling of their respective name.

- J rovided his input on Agenda Item No. 3D from the
November 17, 2021 City Council meeting.
oseph Leon, City Treasurer, p

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- City Clerk Chang received, filed, and pl ayed a prerecorded audio of a written communication from speaker Mr. Chu regarding Agenda Item No. 5B, he inquired about updates being made to the Water Master Plan.

TAFF COMMUNICATIONS
n December 9, 2021 from 4:00 p.m. to 9:00 p.m. at George Elder Park.

S

- The Recreation & Community Services De partment invited Santa Claus to remind the Community that the ‘Letters to Santa’ mailbox will be located at Langley Center until December 3, 20 21 and gave an update on the Holiday Snow Village taking place o

- Police Chief Gordon provided a presentation on Holiday Safety Tips.

1. PRESENTATION
- None
Matters listed under presentation are for informational content and discussion only.

2. OLD BUSINESS – None

3. CONSENT CALENDAR ITEMS NOS. 3A-3H
Matters listed under consent calendar ar e considered to be routine, ongoing business and are enacted by one motion unless specified.

Action Taken: The City Council approved and adopted Agenda Items Nos. 3A. 3D, 3E, and 3G on Consent Calendar, ex cluding Agenda Item Nos. 3B, 3C, 3F, and 3H which were pulled for discussion a nd separate motion reading resolutions and ordinances by the title only and waiving further reading thereof.

Motion: Moved by Council Member Liang and seconded by Council Member Chan, motion carried by the following vote:

Ayes: Council Members: Chan, Liang, Sornoso, Lo, Yiu Noes: Council Members: None

Absent: Council Members: None
Abstain: Council Members: None

3A. WAIVE FURTHER READING AND ADOPT AN ORDINANCE AMENDING THE MONTEREY PARK MUNICIPAL CODE (“MPMC”) TO ADD CHAPTER 6.15

MANDATING REDUCTION OF ORGANIC WASTE DISPOSAL

The Ordinance was introduced and receiv ed first reading at the November 17, 2021 City Council meeting. The original st aff report (from Nove mber 17, 2021) is attached to the staff report for reference. Second reading and adoption of this Ordinance is recommended. If adopted, the Ordinance will take effect in 30 days.

Action Taken: The City Council waived the second reading and adopted Ordinance No. 2216 on Consent Calendar.
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Ordinance No. 2216, entitled:

AN ORDINANCE ADDING CHAPTER 6.15 TO THE MONTEREY PARK

MUNICIPAL CODE REGARDING MANDATORY ORGANIC WASTE DISPOSAL

REDUCTION

3B. WAIVE FURTHER READING A ND ADOPT AN ORDINANCE AMENDING THE MONTEREY PARK MUNICI PAL CODE CHAPTER 2. 28 REGULATING THE

PERSONNEL BOARD

The Ordinance was introduced and receiv ed first reading at the November 17, 2021 City Council meeting. The original st aff report (from Nove mber 17, 2021) is attached to the staff report for reference. Second reading and adoption of this Ordinance is recommended. If adopted, the Ordinance will take effect in 30 days.

Action Taken: The City Council wavied the second reading and adopted Ordinance No. 2217 amending Chapt er 2.28 of Monterey Park Municipal Code (“MPMC”) regulating the Personnel Board responsibilities.

Motion: Moved by Council Member Liang and seconded by Mayor Yiu, motion carried by the following vote:

Ayes: Council Members: Chan, Liang, Sornoso, Lo, Yiu Noes: Council Members: None

Absent: Council Members: None
Abstain: Council Members: None

Ordinance No. 2217, entitled:

AN ORDINANCE AMENDING MONTER EY PARK MUNICIPAL CODE CHAPTER

2.28 REGULATING THE PERSONNEL BOARD

3C. A RESOLUTION APPROVING TH E CITY’S PARTIC IPATION IN TWO

NATIONAL OPIOID LITIGATION SETTLEMENTS AND AUTHORIZING CITY

MANAGER EXECUTION OF RELATED PARTICIPATION AND SUBDIVISION

AGREEMENTS

Proposed Resolution would ap prove the City’s participation in a global settlement for national opioid litigation and facilita te a maximum $494,000 funding allocation disbursement for the City to be used fo r remediating opioid abuse remediation, subject to spending restrictions and accounting requirements.

This item was heard after Agenda Item No. 4A.

Action Taken: The City Council adopted Resolution No. 12282 approving the City’s participation in two national opioid litigation sett lements and authorized the City Manager’s execution of related participation and subdivision agreements.

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Motion: Moved by Council Member Chan and seconded by Mayor Yiu, motion carried by the following vote:

Ayes: Council Members: Chan, Liang, Sornoso, Lo, Yiu Noes: Council Members: None

Absent: Council Members: None
Abstain: Council Members: None

Resolution No. 12282, entitled:

A RESOLUTION APPROVING PARTICI PATION IN TWO NA TIONAL OPIOID

LITIGATION SETTLEMENTS AND AUTHORIZING CITY MANAGER EXECUTION

OF RELATED PARTICIPATION AND SUBDIVISION AGREEMENTS

3D. LEGAL SERVICES AGREEMENT WITH ARMSTRONG & SIGEL, LLP (WORKERS COMPENSATION)

The City utilizes specialized legal counsel for assistance with litigated workers compensation claims. Carolyn Beliso has been with Armstrong & Sigel, LLP since 1998. Staff recommends that City Council au thorize the City Manager to execute a standard retainer agreement with this firm to confirm its representation of the City of Monterey Park for selected workers compensation claims.

Action Taken: The City Council authorized t he City Manager to execute a standard legal retainer with Armstrong & Sigel, LLP, in a form approved by the City Attorney, for on-call workers compensation legal services on Consent Calendar.

3E. POLICE DEPARTMENT AND HUM AN RESOURCES OFFICE FURNITURE

The American Rescue Plan Act (ARPA) was signed into law in March of 2021.

ARPA addressed serious financial relief for a ll state, local, tribal, and territorial governments known as the Coronavirus State and Local Fiscal Recovery Funds (SLFRF). From these funds, the City of Monterey Park has been awarded $15,043,184. These funds provide substant ial flexibility for each government, in how the funds are used, to meet local needs.

SLFRF Funds are available to protec t and address the needs of government employees due to the COVID-19 pandemic.

The Police Department’s and Human Resources’ office furniture has reached its usable life, needs replacement, and doesn’t meet the current needs for the protection of employees from the spread of COVI D-19. The installation of the new workstations will decrease the chance of COVID-19 spre ading among the employees. Therefore, staff recommends the purchase and installation of new office workstations with paneled partiti ons throughout the po lice department and human resources totaling approximately $265,000.

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Action Taken: The City Council aut horized the City Manager to execute an agreement with National Business Furnit ure, in a form approved by the City Attorney, to purchase office furnit ure for the Police Department and Human Resources on Consent Calendar.

3F. CITY FACILITIES SECURITY SYSTEM

The City of Monterey Park’s current secu rity surveillance system is an antiquated patchwork of cameras from various vendor s that does not meet the security needs of the City. Many City facilities including the parks do not have any security camera coverage.

Public Speakers:
- Ted Alben, Resia Elden, and Danny Shul man, representatives of Verkada Inc. were available for questions.

Action Taken: The City Council (1) waived bi dding requirements pursuant to Monterey Park Municipal Code § 3.20.050(5) and author ized the City Manager to execute an agreement with Verkada Inc., in a form approved by the City Attorney, to purchase a security surveillance came ra system through Relevant-IT, a certified partner and Verkada assigned distributor for $775,374.66; (2) adopted Resolution No. 12283 to authorize solicitation of bids to install two hundred and forty-eight (248) new Verkada cameras, associated net work, and electrical services at the various designated sites (estimated at $874,204.00); and (3) authorized a budget augmentation in the amount of $1,700,000 from the Enterprise, Shop, and American Rescue Plan Act (APRA) funds.

Motion: Moved by Council Member Chan and seconded by Council Member Liang, motion carried by the following vote:

Ayes: Council Members: Chan, Liang, Sornoso, Lo, Yiu Noes: Council Members: None

Absent: Council Members: None
Abstain: Council Members: None

Resolution No. 12283, entitled:

A RESOLUTION APPROVING THE DESI GN AND PLANS FOR THE VERKADA SECURITY CAMERA PROJECT PURSUANT TO GOVERNMENT CODE § 830.6

AND ESTABLISHING A PROJECT PAYMENT ACCOUNT

3G. CONSIDERATION OF AWARD OF CONTRACT TO AKM CONSULTING

ENGINEERS FOR THE WATER MASTER PLAN UPDATE

The City’s Water Master Plan was last updated in April 2012. In February 2021, the Water Division released a request for propos al to update the City’s Water Master Plan. Staff is requesting that City award contract to AKM Consulting Engineers. 69-XX
December 1, 2021
Action Taken: The City Council authorized the City Manager to execute an agreement, in a form approved by the City Attorney, with AKM Consulting Engineers, in an amount not to exc eed $300,000 for the Water Master Plan Update; and appropriated $20,0 00 in Water Operations Funds for the project on Consent Calendar.

3H. TRAFFIC SIGNAL IMPROVEMENTS, HSIP CYCLE 7 (HSIPL-5231(016)) –

AUTHORIZATION TO ADVERTISE CONSTRUCTION BID PACKAGE

Staff has prepared a construction bid pack age (plans and specifications) for the Traffic Signal Improvements, HSIP C ycle 7 (HSIPL-5231(016)) project and is requesting the City Council ’s authorization to advertise the project for construction bids.

CEQA (California Environmental Quality Act):

The proposed project is categorically exempt from the requirements of the California Environmental Quality Act (C EQA) pursuant to 14 California Code of Regulations § 15301 as a Class 1 categorical exemption (Existing Facilities).

Action Taken: The City Council adopted Resolution No. 12284 approving the design and plans for the Traffic Si gnal Improvements, Highway Safety Improvement Program (HSIP) Cycle 7 (H SIPL- 5231(016)) project; and authorized solicitation of bids.

Motion: Moved by Council Member Chan and seconded by Council Member Liang, motion carried by the following vote:

Ayes: Council Members: Chan, Liang, Sornoso, Lo, Yiu Noes: Council Members: None

Absent: Council Members: None
Abstain: Council Members: None

Resolution No. 12284, entitled:

A RESOLUTION APPROVING THE DESIGN AND PLANS FOR THE TRAFFIC SIGNAL IMPROVEMENTS , HSIP CYCLE 7 (HSI PL-5231(016)) PROJECT PURSUANT TO GOVERNMENT CODE § 830.6 AND ESTABLISHING A

PROJECT PAYMENT ACCOUNT

4. PUBLIC HEARING

4A. PUBLIC HEARING TO RECEIVE T ESTIMONY REGARDING REDRAWING COUNCIL DISTRICT BOUND ARIES PURSUANT TO ELECTIONS CODE § 21601

In 2019, the City transitioned to district-based elections. In accordance with the Fair and Inclusive Redistrict ing for Municipalities and Po litical Subdivisions (FAIR MAPS) Act (Elections Code § 21601-21609), following the federal decennial 69-XX
December 1, 2021
census every ten years, districts boundaries must be redrawn so that each district is substantially equal in population. It is important in ensuring that each City Councilmember represents about the same number of constituents. The maps must meet certain requirements and has a total deviation of less than 10% difference.

At the second public hearing on Octo ber 20, 2021, National Demographics Corporation (NDC) presented the findings fr om the “Still Balance Analysis” using the 2020 Census adjusted data and concluded that the ex isting district map meets the FAIR MAPS Act criteria with a deviation of 2.84%.

The City Council received and filed public co mments, took action to move forward with the existing map (Option A), and scheduled the third pub lic hearing for November 17, 2021; fourth public hear ing and introduction of an ordinance to adopt final map for Decem ber 1, 2021; and scheduled December 15, 2021 for adoption of the ordinance and the final map.

This item was heard after Agenda Item No. 3B.

Action Taken: The City Council (1) opened the public hearing at 7:01 p.m., to receive testimony on redrawing council di strict boundaries pursuant to Elections Code § 21601; (2) closed the public hear ing at 7:06 p.m. wit h no registered public speakers.; and (3) introduced and waived the first reading of an Ordinance maintaining the existing City Council District boundaries.

Motion: Moved by Council Member Liang and seconded by Mayor Yiu, motion carried by the following vote:

Ayes: Council Members: Chan, Liang, Sornoso, Lo, Yiu Noes: Council Members: None

Absent: Council Members: None
Abstain: Council Members: None

4B. PUBLIC HEARING FOR CONSIDERATION OF A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF MONTER EY PARK, CALIFORNIA CONFIRMING THE 2021 ANNUAL REPORT AND TH E LEVY OF ASSESSMENTS FOR DOWNTOWN BUSINESS IMPROVEMENT DISTRICT NO. 1 FOR PROGRAM YEAR 2022

On October 20, 2021, the City Council set the date for a public hearing regarding the assessment of businesses within Bu siness Improvement District No. 1. BID Assessment revenues will fund pr omotional activities and special events to benefit downtown businesses.

This hearing was noticed in the Monterey Park Pr ogress newspaper and every business in the BID was sent a hearing notice in Chinese, English, and Spanish. At the conclusion of this public hearing, the Council can choose to adopt the 69-XX
December 1, 2021
resolution confirming the levy of assessment s for the BID or ma ke adjustments as needed.

The Business lmprovement District No. 1 (BlD) was established in 1986 in accordance with the Parking and Busine ss lmprovement Area Law of 1989 (Streets and Highways Code §§ 36000-36004). The BID in the following discussion is business-based, meaning that an asse ssment is collected from businesses based upon fees rather than real property.

California law requires the BID to file an annual report with the City Clerk’s office summarizing its activities and expenditures for the past year and proposing its budget for the upcoming year. The law also requires the BID assessments to be renewed annually after conducting a public hearing. The Advisory Committee to the BID requested that the City Council set a public hearing to consider the 2022 Levy of Assessment Fees. The BID Advisory Committee is not seeking an increase in assessments for the 2022 program year to help the businesses in the BID weather the financial burdens brought on by the COVID-19 pandemic.

Annual revenue and expendit ures may be found within the 2021 Annual Report attached as Attachment 2 to the staff report or at the City Clerk's office where it is available for viewing.

This item was heard Agenda Item No. 3H.

Action Taken: The City Council (1) reopened the co ntinued public hearing at 8:24 p.m.; receiving both written and oral co mments; (2) closed the public hearing at 8:28 p.m., with no regist ered public speakers; and (3) adopted Resolution No. 12285 confirming the 2018-2021 Annual Repor t and the levy of assessments for Business Improvement District No. 1 fo r Program Year 2022, as amended to correct the typographical errors on the page referencing ‘2021 Actual Expenditures as of 10/2021’, “Ending Reserves as of 10/2021: $136,151.12” and the page referencing the ‘2022 Estimated Expendi tures’, “Reserves as of 10/2021:
$136,151.12” the amounts do not match, direction was given to make the changes to reflect the correct amount.

Motion: Moved by Council Member Liang and seconded by Council Member Sornoso, motion carried by the following vote:

Ayes: Council Members: Chan, Liang, Sornoso, Lo, Yiu Noes: Council Members: None

Absent: Council Members: None
Abstain: Council Members: None

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December 1, 2021
Resolution No. 12285, entitled:

A RESOLUTION LEVYING ASSESSMENTS FOR BU SINESS IMPROVEMENT DISTRICT NO. 1 FOR THE PROGRAM YEAR 2022 IN AC CORDANCE WITH GOVERNMENT CODE § 36624

5. NEW BUSINESS

5A. ADOPT A RESOLUTION TO CAST VOTE S FOR A REPRESENTATIVE OF THE

SAN GABRIEL BASIN WATER QUALITY AUTHORITY BOARD

The San Gabriel Basin Wate r Quality Authority (WQA) was established by the State Legislature (SB 1679) in 199 2 to develop, finance and implement groundwater treatment programs in the San Gabriel Valle y. The WQA is under the direction and leadership of a 7-member board, one member of each of the three overlying municipal water districts, one from a city with prescriptive water pumping rights, one from a city without prescr iptive water pumping rights, and two representing water producers in the San Gabriel Basin.

According to the bylaws of the San Gabriel Basin Water Quality Authority, a city with prescriptive water pumping rights, of which Monterey Park falls under, may nominate and elect a representative to the Water Quality Authority Board. All votes cast must be for only one candidate.

Each City with pumping rights has one vote for each 10,000 residents or majority thereof, as determined by U.S. Census Da ta. The City of Monterey Park has six votes to be cast. The term of the board me mber and alternate r epresenting cities with pumping rights will expire January 1, 2022. An election for this seat will take place on December 15, 2021 at 12:00 p.m. at the WQA office.

Action Taken: The City Council adopted Resolu tion No. 12286 voting for ROBERT GONZALEZ from the Cit y of Azusa to represent cities with prescriptive pumping rights on the Board of the San Gabriel Basin Water Quality Authority; and directed the City Clerk’s office to send a copy of Resolution No. 12886 to the San Gabriel Basin Water Quality Authority to receive no later than December 14th, 2021, at 12:00 p.m.

Motion: Moved by Mayor Pro Tem Lo and se conded by Council Member Liang, motion carried by the following vote:

Ayes: Council Members: Chan, Liang, Sornoso, Lo, Yiu Noes: Council Members: None

Absent: Council Members: None
Abstain: Council Members: None

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December 1, 2021
Resolution No. 12286, entitled:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY PARK,

CALIFORNIA, AUTHORIZING THE CASTING OF ITS VOTES FOR

COUNCILMEMBER ROBERT GONZALEZ TO REPRESENT CITIES WITH

PRESCRIPTIVE PUMPING RIGHTS ON THE BOARD OF THE SAN GABRIEL

BASIN WATER QUALITY AUTHORITY

6. CITY COMMUNICATIONS (CITY COUNCIL)

6A. A RESOLUTION IN SUPPORT OF THE CITY OF MONTEREY PARK’S DECLARATION OF NOVEMBER 14 – 20, 2021 AS “UNITED AGAINST HATE WEEK”

Action Taken: The City Council adopted Reso lution No. 12287 declaring November 14-30, 2021 as “Untied Against Hate Week”.

Motion: Moved by Mayor Pro Tem Lo and seconded by Council Member Sornoso, motion carried by the following vote:

Ayes: Council Members: Chan, Liang, Sornoso, Lo, Yiu Noes: Council Members: None

Absent: Council Members: None
Abstain: Council Members: None

Council Communications:

Council Member Chan attended the flag ra ising at Station 62 and attended the Coffee with a Cop event at Williams Donuts on the corner of Garfield and Newmark Avenues.

Council Member Liang attende d the flag raising at St ation 62, as well as an informal meeting at Sierra Vista Park with Asians Ta king Action LA. He reminded the Community to stay vigilant of the new COVID-19 variants and to continue to stay safe.

Council Member Sornoso thanked Fire Chief Hallock for inviting his Uncle Frank to raise the flag at Station 62 and for inviting both of them to lunch at Station 61. He inquired about the activities that will be available at the Holiday Snow Village on December 9, 2021.

Mayor Pro Tem Lo acknowledge Ru fus Sprague who he appointed to the Commission of Aging. He reported that he was invited by the San Gabriel Valley Council of Governments (COG) to tour and spend the night at Esperanza Village, a village of tiny homes to provide shelter to the homeless community.

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December 1, 2021
Mayor Yiu announced that she will be delivering 200 small Christmas gifts for City staff that were put together by her sister and her mother.

7. FUTURE AGENDA ITEMS – None

8. CLOSED SESSION (IF REQUIRED ; CITY ATTORNEY TO ANNOUNCE) None.

ADJOURNMENT

There being no further business for consider ation, the meeting was adjourned at 8:49 p.m.

__________________________
Vincent D. Chang
City Clerk

69-XX

MISSION STATEMENT
The mission of the City of Monterey Park is to provide excellent services to enhance the quality of life for our entire community

MINUTES

MONTEREY PARK CITY COUNCIL

FINANCING AUTHORITY (MPFA)

HOUSING AUTHORITY (MPHA)

GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD)

SUCCESSOR AGENCY (SA)
DECEMBER 15, 2021

The City Council, the Financing Authority (MPFA), the Hous ing Authority (MPHA) and the Geologic Hazard Abatement District (GHAD) of the City of Monterey Park held a Regular Teleconference Meeting via Zoom on Wednesday, December 15, 2021 at 6:30 p.m. The regular meeting was conducted pursuant to Govern ment Code § 54953(e), as implemented by City Council Re solution. Accordingly, Council Members were provided a meeting login number and conference call number and were not physically present at Council Chambers.

The minutes include items considered by the City Council acting on behalf of the Successor Agency of the former Monterey Park Redevelopment Agency, which dissolved February 1, 2012. Successor Agency matters will include the notation of “SA” next to the Agenda Item Number.

PUBLIC PARTICIPATION

In accordance with Govern ment Code § 54953 (e) and gu idance from the California Department of Public Health on gatherings, remote public participation was allowed in the following ways:

Via Email

Public comment will be accepted up to 24 hours before the meeting via email to [email protected]. Written communications (if any) will be briefly summarized and include the name of each indi vidual that submitted a comment; the summary will be read via prerecorded vid eo and played during the Public Comment section of the City Council meet ing. To view the full text of written communications, please visit www.montereypark.ca.gov/AgendaCenter. All written communications are provided to the City Council and filed as part of the City’s administrative record.

Via Telephone

Public comment may be submitted via telephone during the meeting, before the close of public comment, by calling (888) 788-0099 or (877) 853-5247 and entering Zoom Meeting ID: 289 222 5995 then press pound (#). When prom pted to enter participation ID number press pound (#) again. If participant s would like to make a public comment they will enter “*9” then the Clerk’s office will be notified, and you will be in the rotation to make a public comment. Press “ *6” to unmute yourself when called upon to speak.

Participants are encouraged to jo in the meeting 15 minutes before the start of the meeting. You may speak up to 5 minutes on Agenda item. Speakers will not be allowed to combine time. The Mayo r and City Council may change the amount of time allowed 69-XX
December 15, 2021

for speakers. As part of the virtual meet ing protocols, anonymous persons will not be allowed to provide public comment.

Important Disclaimer
– When a participant calls in to join the meeting, their name and/or phone number will be visible to a ll participants. Note that all public meetings will be recorded.

CALL TO ORDER:

Mayor Yiu called the meeting to order at 6:30 p.m.

FLAG SALUTE:

Mayor Yiu led the Flag Salute.

ROLL CALL:

City Clerk Vincent Chang called the roll:

Council Members Present: Peter Chan, H ans Liang, Henry Lo, Fred Sornoso, Yvonne Yiu
Council Members Absent: None

ALSO PRESENT: City Treasurer Joseph Leon, City M anager Ron Bow, City Attorney Karl Berger, Assistant City Manager Inez Alva rez, Fire Chief Matt Hallock, Police Chief Kelly Gordon, City Librari an Diana Garcia, Director of Public Works Frank Lopez, Director of Human Resources & Risk Managem ent Christine Tomikawa, Director of Recreation & Community Services Robert A guirre, Director of Management Services Martha Garcia, Interim Director of Comm unity & Economic Development Steve Sizemore, Economic Development Manager Joseph Torres, Interim Risk Manager Danielle Tellez, Deputy City Clerk Ci ndy Trang, Community Communications Coordinator Randy Ishino, Senior Clerk Typist Viridiana Martinez

AGENDA ADDITIONS, DELETIONS, CHANGES AND ADOPTIONS

City Manager Bow requested to pull Agenda Item No. 3E for a separate discussion.

PUBLIC COMMUNICATIONS

Public Speaker Disclaimer: Meetings are held virtually and the information listed for the speakers may or may not reflect the correct spelling of their respective name.

- City Treasurer Leon, informed the Community on tips to prevent mosquitoes during this rainy season. He encouraged the Comm unity to reach out to the San Gabriel Valley Vector Control at (626)814-9466 if they have any questions or concerns.

- Charles Leon, SEIU 721 representative, st ated that SEIU 721 would like to build a relationship with City Council and work t ogether for the employees of Monterey Park.
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December 15, 2021

- Jesus Hernandez, Monterey Park Building Maintenance employee, recognized the SEIU representatives present at the Council meeting an d inquired about employee concerns.

- Simboya Wright, SEIU 721 representative, inquired about working with the City Council regarding employee concerns.

STAFF COMMUNICATIONS - None

1. PRESENTATION
- None
Matters listed under presentation are for informational content and discussion only.

2. OLD BUSINESS – None

3. CONSENT CALENDAR ITEMS NOS. 3A-3G
Matters listed under consent calendar ar e considered to be routine, ongoing business and are enacted by one motion unless specified.

Action Taken: The City Council approved and adopted Agenda Items Nos. 3A, 3B, 3C, 3D, 3F and 3G on Consent Ca lendar, excluding Agenda Item No. 3E which was pulled for discussion and sepa rate motion reading resolutions and ordinances by the title only and waiving further reading thereof.

Motion: Moved by Council Member Chan and seconded by Council Member Liang, motion carried by the following vote:

Ayes: Council Members: Chan, Liang, Sornoso, Lo, Yiu Noes: Council Members: None

Absent: Council Members: None
Abstain: Council Members: None

3A. MINUTES

Action Taken: The City Council approved the mi nutes from the regular meetings of November 3, 2021 and November 17, 2021 on Consent Calendar.

3B. MONTHLY INVESTMENT REPORT – NOVEMBER 2021

As of November 30, 2021 invested funds for the City of Monterey Park is $79,239,481.11.

Action Taken: The City Council received and file d the monthly investment report on Consent Calendar.

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December 15, 2021

3C. [SA] RESOLUTION ADOPTING TH E RECOGNIZED OBL IGATION PAYMENT SCHEDULE AND ADMINISTRATIVE BUDGET FOR JULY 1, 2022 – JUNE 30, 2023

Existing law requires the Monterey Park Successor Agency (SA) to formulate Recognized Obligation Pa yment Schedules (ROPS) under which the SA makes payments for eligible obligations of the former Redevelopment Agency. The ROPS are considered by the Successor Agency Board, pnjhroposed to the Oversight Board (OB) and, if approved by the OB, pr ovided to the California Department of Finance for review.

The ROPS is required to be prepared for an entire 12 months. Staff requests that the City Council, acting on behalf of th e SA for the former Monterey Park Redevelopment Agency, consider and adopt the ROPS 22-23 A&B and the related administrative budget for the period covering July 1, 2022 – June 30, 2023.

Action Taken: The City Council (1) adopted Resolution No. SA-183 approving the Recognized Obligation Pa yment Schedule (ROPS 22- 23 A&B) for the period between July 1, 2022 – J une 30, 2023; (2) approv ed the Successor Agency Administrative Budget for July 1, 2022 – June 30, 2023; and (3) directed staff to post and transmit the ROPS and Administrati ve Budget to the appropriate public agencies on Consent Calendar.

Resolution No. SA-183, entitled:

A RESOLUTION OF THE SUCCESSO R AGENCY TO THE MONTEREY PARK

REDEVELOPMENT AGENCY ADOPTI NG RECOGNIZED OBLIGATION
PAYMENT SCHEDULES PURSUANT TO HEALTH AND SAFETY CODE § 34177

3D. WAIVE FURTHER READING AND ADOPTING DISTRICT MAPS FOR THE CITY OF MONTEREY PARK’S BY-DISTRICT ELECTIONS

The Ordinance was introduced and received first reading at the December 1, 2021 City Council meeting. The original staff report (from December 1, 2021) is attached for reference to the staff report. Second reading and adopti on of this Ordinance is recommended. If adopted, the Ordinance will take effect in 30 days.

Action Taken: The City Council waived the second reading and adopted Ordinance No. 2218 on Consent Calendar.

Ordinance No. 2218, entitled:

AN ORDINANCE ADOPTING DISTRICT MAPS FOR TH E CITY OF MONTEREY PARK’S BY-DISTRICT ELECTIONS

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December 15, 2021

3E. ADOPT A RESOLUTION RATIFYING CERTAIN ACTIONS COMPLETED BY THE CITY MANAGER REGARDING CO VID-19 PANDEMIC; CONTINUE TO EXTEND THE EXISTENCE OF A LO CAL EMERGENCY; AND AUTHORIZE

PUBLIC MEETINGS VIA TELECONFERENCING

As the City Council was previously info rmed, Assembly Bill (AB) No. 361 became effective on September 16, 2021. It amends the Brown Act in several ways but also allows the City to extend its virtual meetings for 30 day increments if a state or local emergency requires social distanc ing. The City Council previously adopted resolutions on October 6, 2021 and Nove mber 17, 2021 which allow for the ongoing use of videoconferencing for public meetings.

ENVIRONMENTAL ASSESSMENT:

The Resolution itself and the actions anticipated by the Resolution were reviewed pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq ., “CEQA”) and the regulations pr omulgated thereunder (14 Cal.

Code of Regulat ions §§15000, et seq., the “CEQA Guidelines”). Based upon that review, this action is exempt from further review pursuant to CEQA Guidelines § 15269(a) because the protection of public and private property is necessary to maintain service essential to the public, health and welfare. 1

Action Taken: The City Council adopted Resoluti on No. 12288 ratifying certain actions completed by the City Manager re garding COVID-19 Pandemic, continue to extend the existence of a local emer gency and authorize pu blic meetings via teleconferencing; as amended to direct sta ff to conduct a hybrid meeting for the special meeting of December 28, 2021.

Motion: Moved by Council Member Liang and seconded by Council Member Chan, motion carried by the following vote:

Ayes: Council Members: Chan, Liang, Sornoso, Lo, Yiu Noes: Council Members: None

Absent: Council Members: None
Abstain: Council Members: None

Resolution No. 12288, entitled:

A RESOLUTION RATIFYING CERTAIN ACTIONS COMPLETED BY THE CITY MANAGER; EXTENDING THE EXISTENC E OF A LOCAL EMERGENCY; AND

AUTHORIZING PUBLIC MEETINGS VIA TELECONFERENCING

1 CEQA findings regarding an anticipated imminent emergency are valid (see CalBeach Advocates v. City of Solana Beach (2002) 103 Cal.App.4th 529).
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December 15, 2021

3F. FISCAL YEAR 2021 ASSISTANCE TO FIREFIGHTERS GRANTS (AFG)

PROGRAM

The City of Monterey Park Fire Department received Notice of Funding Opportunity (NOFO) from Federal Emergency Management Agency (FEMA) regarding a formal invitation to submit a full application for c onsideration of AFG funds. If the City is offered a grant award, the total pr oposed budget request is $90,312.07, which includes a federal share request of $82, 101.88 and a required applicant match of $8,210.19. The application Activity Title is Modification to Facility: Vehicle Exhaust Systems Upgrade.

Staff seeks City Council consideration and appr oval of the City of Monterey Park’s AFG application. The application due date is December 17, 2021. When the grant award decision is made and if the grant aw ard is received, staff will inform City Council.

Action Taken: The City Council (1) approved the Fiscal Year 2021 Assistance to Firefighters Grant (AFG) Progr am for consideration of AFG funding; (2) authorized the City’s Management Services Department to allocate $8,210.19 from the City budget to fund the required a pplicant match if the gran t is awarded; (3) adopted Resolution No. 12289 authorizing the City Manager, or designee, to apply for, receive, and appropriate grant funds for the Fiscal Year 2021 Assistance to Firefighters Grants Program on Consent Calendar.

Resolution No. 12289, entitled:

A RESOLUTION AUTHORIZING THE CI TY MANAGER, OR DESIGNEE, TO

APPLY FOR, RECEIVE, AND APPROPRIATE GRANT FUNDS FOR THE FISCAL YEAR 2021-22 ASSISTANCE TO FIREFIGHTERS GRANTS PROGRAM — MODIFICATION OF FACILITY, FIRE STATION 61

3G. 2019 STATE HOMELAND SECURITY G RANT PROGRAM – COST SAVINGS

PROJECTS

The City of Monterey Park Fire Department was notified that the City would receive an increase of $50,000 for the 2019 State Homeland Se curity Grant Program (SHSP 2019 Grant). As per Resolution No. 11740 ado pted by the City Council on May 6 2015, staff is reporting to the Cit y Council the type of money obtained and the project details.

Action Taken: The City Council received and filed the report on Consent Calendar.

4. PUBLIC HEARING
– NONE

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December 15, 2021

5. NEW BUSINESS

5A. AUTHORIZE CITY MANAGER TO AM END AGREEMENT NO. 1925-A WITH

CARNIVAL MIDWAY ATTRACTIONS AND PROVIDE DIRECTION REGARDING

THE PLAY DAYS PARADE

The City of Monterey Park traditionally celebrates it s “birthday” each May with a fourday celebration in Barnes Park, “Happy Birthday Monterey Park, Play Days.” As part of the festivities, the City c ontracts with an amusem ent contractor to provide rides, game booths, and concessions at Barnes Park. In addition to the carnival, the four-day event includes live entertainment, food trucks, and the annual Play Days Parade.

Agreement No. 1925-A between the City of Monterey Park and Carnival Midway Attractions allowed for services to be provided at the annua l Happy Birthday Monterey Park Play Days carnival held in 2019, 2020, and 2021.

However, due to the COVID-19 pandemic, the 2020 and 2021 Play Days festivities were cancelled. Carnival Midway Attrac tions has requested that the City consider an amendment to Agreement No. 1925-A to extend the term since the 2020 and 2021 events were cancelled. If approv ed, Agreement No. 1925-A would be amended to allow for a two-year extension for carnivals to be held in 2022 and 2023.

The annual Play Days parade is partially funded by revenue generated at the Play Days carnival. Any additional funds needed for the operation of the parade and the carnival directly impact city departm ent budgets, which include Recreation and Community Services, Police, and Public Works. Over the years the costs associated with the parade have increased and the number of s pectators at the parade has decreased.

Action Taken: The City Council aut horized the City Manager to execute an amendment to Agreement No. 1925-A to ext end the term for two years, in a form approved by the City Attorney, with Carnival Midway Attractions to provide carnival services for the Happy Birthday Monterey Park Play Days carnival on dates to be determined by the City; and pr ovided direction to staff to forgo the annual Happy Birthday Monterey Park Play Days Parade for the upcoming 2022 Play Days event.

Motion: Moved by Council Member Liang and seconded by Council Member Chan, motion carried by the following vote:

Ayes: Council Members: Chan, Liang, Sornoso, Lo, Yiu Noes: Council Members: None

Absent: Council Members: None
Abstain: Council Members: None

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December 15, 2021

6. CITY COMMUNICATIONS (CITY COUNCIL)

Council Member Chan report ed he attended the Internationa l Council of Shopping Centers (ICSC) convention in Las Vegas, the Holiday Snow Vi llage at George Elder Park, and the Chinese American Military Support (CAMS) Fundraiser Dinner.

He wished the Community a Happy Holidays and reminded everyone to stay safe.

Council Member Liang repor ted that he attended the International Council of Shopping Centers (ICSC) co nvention in Las Vegas and he also attended the Chinese American Military Support (CAM S) Fundraiser Dinner. Council Member Liang wished everyone a Happy Holidays.

Council Member Sornoso reported that he attended the Holiday Snow Village at George Elder Park, the International Council of Shoppin g Centers (ICSC) convention in Las Vegas, and the Chin ese American Military Support (CAMS) Fundraiser Dinner. He stated th at he is looking forward to Fire Chief Hallock’s swearing-in ceremony. Council Member Sor noso reported that he participated in the ‘Letters to Santa’ ran by the Re creation & Community Services Department and received a response back. He thanked Mayor Yiu for her tenure as the City’s Mayor and that he is looking forward to the Mayor installation on December 28, 2021. He informed the Community that on January 15, 2022 at George Elder Park there will be a Community Clean Up Event from 8:00 a.m. to 1:00 p.m. Council Member Sornoso wished everyone a Happy Holiday.

Mayor Pro Tem Lo thanked Mayor Yiu fo r her leadership as Mayor during a pandemic. He reported that he attended the Holiday Snow Village at George Elder Park, the Distinguished Citizens Award Gala for the Boy Scouts of America event, and the Chinese American Mili tary Support (CAMS) Fundr aiser Dinner. He stated that he participated in a workshop hosted by Asian Pacific Islander (API) Forward Movement and Community members were able to give their input on how to make Atlantic Boulevard and Garfield more pedestrian friendly.

Mayor Yiu reported that she attended t he International Council of Shopping Centers (ICSC) convention in Las Vegas and the Leag ue of California Cities Christmas celebration. She stated this wa s her last time hosti ng a regular meeting and is looking forward to giving her outgoi ng remarks at the Mayor Installation on December 28, 2021. Mayor Yiu read a sma ll biography of Mont erey Park Police Detective Brian Andrus, who passed away on Monday, December 13, 2021.

7. FUTURE AGENDA ITEMS – None

8. CLOSED SESSION (IF REQUIRED ; CITY ATTORNEY TO ANNOUNCE) None.

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December 15, 2021

ADJOURNMENT
There being no further business for consider ation, the meeting wa s adjourned at 7:30 p.m in memory of Monterey Park Police Detective Brian Andrus.

__________________________
Vincent D. Chang
City Clerk

69- XX

MISSION STATEMENT
The mission of the City of Monterey Park is to provide excellent services to enhance the quality of life for our entire community

MINUTES

MONTEREY PARK CITY COUNCIL

FINANCING AUTHORITY (MPFA)

HOUSING AUTHORITY (MPHA)

GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD)

SUCCESSOR AGENCY (SA)

SPECIAL MEETING
DECEMBER 15, 2021

The City Council, the Financing Authority (MPFA), the Hous ing Authority (MPHA), and the Geologic Hazard Abatement District (GHAD) of the City of Monterey Park held a Special Teleconference Meeting via Zoom on Wednesday, December 15, 2021 at 5:30 p.m. The special meeting was conducted pur suant to Assembly Bill No. 361. This meeting was conducted pursuant to Governm ent Code § 54953(e) as implemented by City Council Resolution. Accordingly, Counci l Members were provided a meeting login number and conference call number and were not physically present at Council Chambers.

The minutes include items considered by the City Council acting on behalf of the Successor Agency of the former Monterey Park Redevelopment Agency, which dissolved February 1, 2012. Successor Agency matters will include the notation of “SA” next to the Agenda Item Number.

PUBLIC PARTICIPATION

In accordance with Government Code § 54953( e) and guidance from the California Department of Public Health on gatherings, remote public participation was allowed in the following ways:

Via Email

Public comment was accepted up to 24 hours before the m eeting via email to [email protected] and read into the record during public comment, when feasible. We request that written communications be limited to not more than 50 words.

Via Telephone

Public comment may be submitted via telephone during the meeting, before the close of public comment, by calling (888) 788-0099 or (877) 853-5247 and entering Zoom Meeting ID: 829 5129 2679 then pre ss pound (#). When prompted to enter participation ID number press pound (#) again. If participant s would like to make a public comment they will enter “*9” then the Clerk’s office will be notified and you will be in the rotation to make a public comment. Press “ *6” to unmute yourself when called upon to speak.

Participants are encouraged to jo in the meeting 15 minutes before the start of the meeting. You may speak up to 5 minutes on Agenda item. Speakers will not be allowed to combine time. The Mayor and City Counc il may change the amount of time allowed for speakers. As part of the virtual meetin g protocols, anonymous persons will not be allowed to provide public comment.
69- XX
December 15, 2021
The Special Meeting will not be televised on the city’s cable channel MPKTV (AT&T U- Verse, channel 99 or Charter Communications, channel 182) or by visiting the city’s website at http://www.montereypark.ca.gov/133/City-Council-Meeting-Videos.

Important Disclaimer
– When a participant calls in to join the meeting, their name and/or phone number will be visible to all participants. Note that all public meetings will be recorded.

CALL TO ORDER:

Mayor Yiu called the meeting to order at 5:30 p.m.

ROLL CALL:

Deputy City Clerk Cindy Trang called the roll:

Council Members Present: Peter Chan, H ans Liang, Henry Lo, Fred Sornoso, Yvonne Yiu
Council Members Absent: None

ALSO PRESENT: City Manager Ron Bow, City Attor ney Karl Berger, Assistant City Manager Inez Alvarez, Directo r of Management Services Martha Garcia, Deputy City Clerk Cindy Trang, Executive Vice President of Kidder Matthews Linda Lee, Senior Vice President of Kidder Matthew s Scott Unger, Executive Vice President of Kidder Matthews Bill Boyd

PUBLIC COMMUNICATIONS
- None

ORAL AND WRITTEN COMMUNICATIONS
– None

1. CLOSED SESSION
The City Council adjourned to Closed Session at 5:31 p.m.

1A. CONFERENCE WITH REAL PR OPERTY NEGOTIATORS - GOVERNMENT CODE § 54956.8: one item

Properties: 1977 Saturn St, AIN 5265-026-054
City
Negotiators:

Ron Bow, City Manager
Karl H. Berger, City Attorney
Inez Alvarez, Assistant City Manager
Martha Garcia, Management Services Director
Negotiating
Parties:
1977 Saturn St – BRE California Saturn LLC DBA C/O Connie Ellis

Under
Negotiation:

Price and terms of payment
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December 15, 2021

RECONVENE & ADJOURNMENT
The City Council reconvened from Closed Se ssion with all Council Members present.

The meeting was adjourned at 6:23 p.m.

Action Taken: No reportable action taken in Closed Session.

__________________________
Vincent D. Chang
City Clerk

69-XX

MISSION STATEMENT
The mission of the City of Monterey Park is to provide excellent services to enhance the quality of life for our entire community

MINUTES

MONTEREY PARK CITY COUNCIL

FINANCING AUTHORITY (MPFA)

HOUSING AUTHORITY (MPHA)

GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD)

SUCCESSOR AGENCY (SA)

SPECIAL MEETING
DECEMBER 28, 2021

The City Council, the Financing Authority (MPFA), the Hous ing Authority (MPHA) and the Geologic Hazard Abatement District (GHAD) of the City of Monterey Park held a Special Teleconference Meeting via Zoom on Wednesday, December 28, 2021 at 6:30 p.m. The special meeting was conducted pursuant to Govern ment Code § 54953(e), as implemented by City Council Re solution. Accordingly, Council Members were provided a meeting login number and conference call number and were not physically present at Council Chambers.

The minutes include items considered by the City Council acting on behalf of the Successor Agency of the former Monterey Park Redevelopment Agency, which dissolved February 1, 2012. Successor Agency matters will include the notation of “SA” next to the Agenda Item Number.

PUBLIC PARTICIPATION

In accordance with Govern ment Code § 54953 (e) and gu idance from the California Department of Public Health on gatherings, remote public participation was allowed in the following ways:

Via Email

Public comment will be accepted up to 24 hours before the meeting via email to [email protected]. Written communications (if any) will be briefly summarized and include the name of each indi vidual that submitted a comment; the summary will be read via prerecorded vid eo and played during the Public Comment section of the City Council meet ing. To view the full text of written communications, please visit www.montereypark.ca.gov/AgendaCenter. All written communications are provided to the City Council and filed as part of the City’s administrative record.

Via Telephone

Public comment may be submitted via telephone during the meeting, before the close of public comment, by calling (888) 788-0099 or (877) 853-5247 and entering Zoom Meeting ID: 289 222 5995 then press pound (#). When prom pted to enter participation ID number press pound (#) again. If participant s would like to make a public comment they will enter “*9” then the Clerk’s office will be notified, and you will be in the rotation to make a public comment. Press “ *6” to unmute yourself when called upon to speak.

Participants are encouraged to jo in the meeting 15 minutes before the start of the meeting. You may speak up to 5 minutes on Agenda item. Speakers will not be allowed 69-XX
December 28, 2021
to combine time. The Mayo r and City Council may change the amount of time allowed for speakers. As part of the virtual meet ing protocols, anonymous persons will not be allowed to provide public comment.

Important Disclaimer
– When a participant calls in to join the meeting, their name and/or phone number will be visible to a ll participants. Note that all public meetings will be recorded.

CALL TO ORDER:

Mayor Yiu called the meeting to order at 6:30 p.m.

FLAG SALUTE:

Mayor Yiu led the Flag Salute.

ROLL CALL:

City Clerk Vincent Chang called the roll:

Council Members Present: Peter Chan, H ans Liang, Henry Lo, Fred Sornoso, Yvonne Yiu
Council Members Absent: None

ALSO PRESENT: City Manager Ron Bow, City Attor ney Karl Berger, Assistant City Manager Inez Alvarez, Fire Chief Matt Hallock, Police Chief Kelly Gordon, City Librarian Diana Garcia, Director of Public Works Frank Lopez, Director of Human Resources & Risk Management Christine Tomikawa, Di rector of Management Services Martha Garcia, Interim Director of Community & Economic Development Steve Sizemore, Economic Development Manager Joseph Torres, Assistant Deputy City Clerk Helena Cho, Community Communications Coordinator Randy Ishino, Senior Clerk Typist Viridiana Martinez

AGENDA ADDITIONS, DELETIONS, CHANGES AND ADOPTIONS - None

PUBLIC COMMUNICATIONS
Public Speaker Disclaimer: Meetings are held virtually and the information listed for the speakers may or may not reflect the correct spelling of their respective name.

STAFF COMMUNICATIONS - None

69-XX
December 28, 2021

1. PRESENTATION
Matters listed under presentation are for informational content and discussion only.

1A. OUTGOING MAYOR YVONNE YIU ADDRESS

Mayor Yiu presented a PowerPoint high lighting the achievements that were accomplished between City Council and Cit y staff during her term. She thanked residents for their support and is looking fo rward to working with Incoming Mayor Henry Lo.

2. OLD BUSINESS

2A. REORGANIZATION OF MO NTEREY PARK CITY COUNCIL

Appoint the Mayor and Mayor Pro Tem in accordance with Re solution Nos. 12155 and 12195.

Action Taken: The City Council appointed the Mayor and Mayor Pro Tem in accordance with City Council policy estab lished by Resolution Nos. 12155 and 12195.

Motion: Moved by Council Member Liang and seconded by Council Member Chan, motion carried by the following vote:

Ayes: Council Members: Chan, Liang, Sornoso, Lo, Yiu Noes: Council Members: None

Absent: Council Members: None
Abstain: Council Members: None

OATH OF OFFICE FOR INCOMING MAYOR PRO TEM FRED SORNOSO
The Oath of Office for Incoming Mayor Pro Tem Fred Sornoso was conducted by City Clerk Vincent Chang.

MAYORAL INSTALLATION CEREMONY OF HENRY LO
The Oath of Office for Inco ming Mayor Henry Lo was c onducted by Speaker Anthony Rendon.

MAYOR ADDRESS
Incoming Mayor Lo shared his excitement for his mayoral term. He thanked his fellow Council Members for their support and Speaker Anthony Rendon for presenting the Oath of Office. He praised City staff fo r their resilience and accomplishments during the COVID-19 pandemic. Incoming Mayor Lo addressed his plans for his mayoral term.

69-XX
December 28, 2021

ADJOURNMENT
There being no further business for consider ation, the meeting wa s adjourned at 7:16 p.m.

Action Taken: The City Council approved the motion to adjourn the meeting at 7:16 p.m.

Motion: Moved by Council Member Chan and seconded by Council Member Liang, motion carried by the following vote:

Ayes: Council Members: Chan, Liang, Yiu, Sornoso, Lo Noes: Council Members: None

Absent: Council Members: None
Abstain: Council Members: None

__________________________
Vincent D. Chang
City Clerk

City Council Staff Report
DATE:

AGENDA ITEM NO:

January 19, 2022
TO: The Honorable Mayor and City Council
FROM: Joseph Leon, City Treasurer
SUBJECT: Monthly Investment Report – December 2021
RECOMMENDATION:

It i
s recommended that the City Council consider:

1. R eceiving and filing the monthly investment report; and

2. T aking such additional, related, action that may be desirable.

EXECUTIVE SUMMARY:

As of December 31, 2021 invested funds for the City of Monterey Park is $77,239,481.11.

BACKGROUND:

I
n accordance with the City’s Investment Policy, a monthly investment report is presented to the City Council showing the types of investments, dates of maturities, amounts of deposits, rates of interest, and the current market values for securities with maturity more than 12 months. The attached monthly investment report includes a summary investment report for the LA County Pooled Investment Fund, which displays the composition by type for the entire pooled investment fund.

Respectfully submitted by: Prepared by:

Joseph Leon
City Treasurer
Martha Garcia
Director of Management Services
Approved by:

Ron Bow
City Manager
Consent Calendar No. 3B
Staff Report
January 19, 2022

Attachment 1
Monthly Investment Report
INVESTMENTS PORTFOLIO PROFILE:

TOTAL BALANCE AT 12/31/2021 77,239,481.11$

INVESTMENT COMPOSITION
(1) LA COUNTY POOLED INVESTMENT FUND ON DEMAND 0.520% 37,738,626.14$ (See Schedule A for LA County Pool Composition)
(2) LOCAL AGENCY INVESTMENT FUND ON DEMAND 0.210% 36,800,854.97$ Purchase Maturity Interest
(3) CERTIFICATES OF DEPOSIT Date Date Rate
1 PREFERRED BANK 09/03/21 09/03/22 0.51% 100,000
2 PREFERRED BANK 09/08/21 09/08/22 0.51% 150,000
3 MORGAN STANLEY BANK 02/27/20 02/28/22 1.70% 245,000 4 MORGAN STANLEY PRIVATE BANK 02/27/20 02/28/22 1.70% 245,000 5 AMERICAN FIRST CREDIT UNION 03/06/20 03/07/22 1.60% 245,000 6 SALLIE MAE BANK 08/11/21 08/12/24 0.70% 245,000
7 GOLDMAN SACHS BANK 08/11/21 08/12/24 0.60% 245,000
8 TOYOTA FINANCIAL SAVINGS BANK 09/16/21 09/16/24 0.65% 245,000 9 BMW BANK NORTH AMERICA 09/17/21 09/17/24 0.65% 245,000 10 SYNCHRONY BANK 09/17/21 09/17/24 0.65% 245,000
11 UBS BANK USA 09/22/21 09/23/24 0.65% 245,000
12 STATE BANK OF INDIA 10/18/21 10/18/24 0.70% 245,000 Total CDs (12) 0.885% 2,700,000.00$
OTHER INFORMATION:

BANK BALANCE: (1)
4,626,530.54$
AVERAGE MATURITY DAYS 24
AVERAGE INTEREST RATE FOR THE MONTH 0.386%

THE CITY'S INVESTMENT HAS SUFFICIENT LIQUIDITY TO MEET THE CITY'S EXPENDITURE REQUIREMENTS FOR THE NEXT 180 DAYS. THE 180-DAY LIQUIDITY DISCLOSURE IS REQUIRED PER GOVERNMENT CODE 53646.

INTEREST EARNINGS FOR 2ND QUARTER 2021-2022 $72,702
THERE HAVE BEEN NO VARIANCES TO THE INVESTMENT POLICY.
(1) Bank balance is maintained to cover outstanding warrants, payroll checks and on-going operating costs.

CITY OF MONTEREY PARK

INVESTMENT REPORT
DECEMBER 31, 2021
Pooled Specific
Surplus Purpose
PORTFOLIO PROFILE Investments Investments
Inventory Balance at 11/30/21
At Cost 39,731,247,202$ 117,106,174 $
At Market 39,386,428,881$ 116,977,482 $
Repurchase Agreements - $ -$ Reverse Repurchase Agreements -$ -$ Composition by Security Type:

Certificates of Deposit 4.53% 0.00%
United States Government
and Agency Obligations 68.87% 62.68%
Bankers Acceptances 0.00% 0.00%
Commercial Paper 26.32% 0.00%
Municipal Obligations 0.07% 2.73%
Corporate and Deposit Notes 0.21% 0.00%
Repurchase Agreements 0.00% 0.00%
Asset-Backed 0.00% 0.00%
Other 0.00% 34.59%
1-60 days 44.01% 34.59%
61 days-1 year 18.01% 0.00%
Over 1 year 37.98% 65.41%
Weighted Average Days to Maturity 998

POOLED SURPLUS AND SPECIFIC PURPOSE INVESTMENTS
AS OF NOVEMBER 30, 2021

SCHEDULE A
City Council Staff Report
DATE: January 19, 2022
AGENDA ITEM NO: Consent Calendar No. 3C
TO: The Honorable Mayor and City Council
FROM: Martha Garcia, Director of Management Services
SUBJECT: Development Impact Fees for Fiscal Year 2020-2021 RECOMMENDATION:

It is recommended that the City Council consider:

1. Reviewing and filing the Annual Report on Development Impact Fees for Fiscal Year 2020-2021; and

2. Taking such additional, related, action that may be desirable.

EXECUTIVE SUMMARY:

In accordance with Section 66006 of California Government Code the City is required to annually report on the status of Development Impact Fees, including the collection of revenue and expenditures of these funds. This report summarizes the required financial information for Fiscal Year 2020-2021.

BACKGROUND:

The California Government Code Sections 66000 through 66006 contain certain procedural requirements that apply to the collection of development impact fees and the expenditure of these revenues. Section 66006 of the California Government Code specifies accountability and annual reporting requirements pertaining to development impact fees. The report must include a description of the fee type in the account, the amount of the fee, beginning and ending balances, fee and interest income, expenditures by improvement, a description of interfund loans or transfers, including purpose, interest rate and term, and any refunds. The report must also determine whether funds are available to construct improvements while also identifying construction dates for projects with adequate funding.

This report presents a review only of the development impact fee activity, by account, for the fiscal year. It does not include any recommendations for any fee changes.

FISCAL IMPACT:

There is no fiscal impact to receive and file the Annual Report on Development Impact Fees for Fiscal Year 2020-2021.

Staff Report

Page 2 of 2 ends

January 19, 2022
Respectfully submitted by:

Martha Garcia
Director of Management Services
Approved by: Reviewed by:

Ron Bow
City Manager
Karl H. Berger
City Attorney
ATTACHMENT:

1. Development Impact Fees Annual Report Fiscal Year 2020 -2021

Staff Report
January 19, 2022
ATTACHMENT 1
Development Impact Fees Annual Report
Fiscal Year 2020-2021

Development Impact Fees
Annual Report
Fiscal Year 2020-2021

City of Monterey Park
Development Impact Fees Annual Report
Fiscal Year 2020-2021
January 19, 2022

Page 2 of 9 ends

SUMMARY:

Pursuant to Chapter 3.110 of the Monterey Park Municipal Code ("MPMC") and Government Code Section 66006, et seq. (the Mitigation Fee Act), local agencies are authorized to condition approval of development projects on the payment of development impact fees for the purpose of defraying all or a portion of the cost of public facilities related to the development project.

Any local agency that imposes a development impact fee is required to make available to the public a summary of each mitigation fee account on an annual basis. At this time, the City imposes nine types of development impact fees on development projects: (1) Law enforcement; (2) Fire suppression/medic; (3) Public meeting facilities; (4) Library facilities and collection; (5) Water distribution; (6) Sewer collection; (7) Aquatics facilities; (8) Park land and improvements; (9) Circulation.

BACKGROUND:

The Mitigation Fee Act, regulates the means by which public agencies collect, maintain, and spend development impact fees imposed on development projects. The regulations include specific requirements pertaining to governmental accounting, spending, and annual reporting of development impact fees. Each year, within the first 180 days following the previous fiscal year, the City is required to make available to the public a summary of each mitigation fee account (“Annual Report”).

REPORTING REQUIRMENTS:

The City imposes nine types of development impact fees on development projects . The City records the nine fees in five funds : (1) Circulation; (2) Law enforcement and Fire suppression/medic; (3) Facilities ( library, public meeting, and aquatics) and P ark land and improvement; (4) Water d istribution; and (5) Sewer collection. Accordingly, as required in the Mitigation Fee Act, the City must make an Annual Report which includes:

1) A brief description of the type of fee in the account or fund;

2) The amount of the fee;

3) The beginning and ending balance of the account or fund;

4) The amount of the fees collected, and interest earned;

5) Identification of each public improvement on which fees were expended and the total amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees;

6) An identification of an approximate date by which the construction of the public improvement will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, and the public improvement remains incomplete;

City of Monterey Park
Development Impact Fees Annual Report
Fiscal Year 2020-2021
January 19, 2022

Page 3 of 9 ends

7) A
description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan; and 8) T
he amount of any refunds made pursuant to Government Code Section 66001(e) and the amount of any allocations pursuant to Government Code Section 66001(f).

F
urthermore, Government Code Section 66008 provides that a local agency must expend a fee for public improvements solely and exclusively for the purpose for which it is collected. The fee may not be levied, collected, or imposed for general revenue purposes nor may it be comingled with any other account (see, MPMC section 3.110.070).

FUND BALANCE AT JUNE 30, 2021:

Fund No. Fund Name Fund Balance
204 Circulation $334,345
205 Law Enforcement and Fire Suppression/Medic ($130,495) 231 Facilities (Park, Library, Public Meeting and
Aquatics), Park Land and Improvements $497,976
409 Water Distribution $462,016
419 Sewer Collection $65,865
CIRCULATION FEES:

Pursuant to MPMC Chapter 3.110, the Circulation Fee is collected to fund traffic circulation (streets, signals and bridges) infrastructure improvements. The objective of the Circulation Development Impact Fee is to improve street lanes, intersections, and traffic management, thus mitigating traffic impacts which are contributed from all new development.

Circulation
(Streets, Signals, Bridges) Unit/Square Foot
Detached Dwelling Units $1,791 Per dwelling unit
Attached Dwelling Units $1,129 Per dwelling unit
Commercial Lodging Units $942 Per dwelling unit
Retail/Services/Office Uses $3.216 Per square foot
Manufacturing/Industrial Uses $1.305 Per square foot
Institutional Uses $0.879 Per square foot
City of Monterey Park
Development Impact Fees Annual Report
Fiscal Year 2020-2021
January 19, 2022

Page 4 of 9 ends

)

Circulation Fees Revenue and Expenditures:

Fiscal Beginning Fund Fees Interest Ending
Year Balance Collected Earned Expenditures Transfers Balance 2018-2019 $0 $277,992 $1,306 $0 $0 $279,298
2019-2020 $279,298 $22,349 $5,417 $0 $0 $307,064
2020-2021 $307,064 $26,208 $1,073 $0 $0 $334,345

The City will identify Circulation i mprovement projects in FY 2022-2023. No transfers or loans occurred in fiscal years reported on this report. There were no refunds or allocations pursuant to Government Code Section 66001.

LAW ENFORCEMENT AND FIRE SUPPRESSION/MEDIC FEES:

Pursuant to MPMC Chapter 3.110, these fees finance capital costs, including Police facilities, vehicles, equipment, Fire Suppression facilities and Fire equipment, to minimize the impact that new development has on the City's public services and public facilities.

Pursuant to MPMC Chapter 3.110, the Fees are updated based upon the gross square footage of nonresidential development and number of residential dwelling units as follows:

Law
Enforcement
Fire
Suppression/Medic
Unit/Square
Foot
Detached Dwelling Units $526 $640 Per dwelling unit
Attached Dwelling Units $503 $418 Per dwelling unit
Commercial Lodging Units $191 $381 Per lodging unit
Retail/Services/Office Uses $0.370 $0.350 Per square foot Manufacturing/Industrial Uses $0.050 $0.019 Per square foot Institutional Uses $0.073 $0.053 Per square foot

Law Enforcement and Fire Suppression/Medic Revenues and Expenditures:

Beginning Fees Interest Ending Fund
Fiscal Year Fund Balance Collected Earned Expenditures Transfers Balance

2018-2019 $592,482 $315,999 $24,943 $62,053 $0 $871,371 2019-2020 $871,371 $21,554 $6,392 $311,521 $0 $587,796 2020-2021 $587,796 $37,189 ($143) $755,337 $0 ($130,495)

City of Monterey Park
Development Impact Fees Annual Report
Fiscal Year 2020-2021
January 19, 2022

Page 5 of 9 ends

F
Y 2018-2019 Expenditures:

Object Code Object Code Description Description Expenditures 5220 Verdugo Dispatch Fire Radio Equipment $62,053
$62,053
F
Y 2019-2020 Expenditures:

Object Code Object Code Description Description Expenditures 5220 Verdugo Dispatch Fire Radio Equipment $82,799
5501 Capital Expenditure Fire Emergency Communication System $137,590 5501 Capital Expenditure Police Mobile Video & Data Storage $61,132 5607 Capital Lease Police CAD System $30,000
$311,521
F
Y2020-2021 Expenditures:

Object Code Object Code Description Description Expenditures 5220 Verdugo Dispatch Fire Radio Equipment $85,799
5501 Capital Expenditure Police In-Car Camera System $116,097 5501 Capital Expenditure Fire Station 62 Replacement $523,441 5607 Capital Lease Police CAD System $30,000
$755,337
F
Y2021-2022 Budget Allocation:

Object Code Object Code Description Description Amount Allocated 5501 Capital Expenditure Police In-Car Camera System $116,097 5220 Verdugo Dispatch Fire Radio Equipment $85,799
$201,896
S
tatus of Projects:

Total DIF
Expenditures
at 6/30/2021
Total Other Funds
Expenditures at
6/30/2021
Total Project
Expenditures
at 6/30/2021
DIF
Percent
of Total Status
Fire Station 62
Replacement $523,441 $3,656,428 $4,179,869 12.52%
To be completed
2021-22
Police CAD System $60,000 $2,428,013 $2,488,013 2.41% Completed Police In-Car Camera
System $177,229 $88,000 $265,229 66.82% Ongoing
Fire Radio Equipment $230,651 $230,651 $461,302 50.00% Ongoing Fire Emergency
Communication System $137,590 $0 $137,590 100.00% Completed City of Monterey Park
Development Impact Fees Annual Report
Fiscal Year 2020-2021
January 19, 2022

Page 6 of 9 ends

The City is not planning on making any further purchases until this fund is cured and the fund balance is positive. No transfers or loans occurred in fiscal years reported on this report. There were no refunds or allocations pursuant to Government Code Section 66001.

FACILITIES (LIBRARY, PUBLIC MEETING AND AQUATICS) PARK LAND AND IMPROVEMENT FEES:

Pursuant to MPMC Chapter 3.110, the Facilities and Park land/improvement f ees are collected to fund facility (library, public meeting, and aquatics) improvements/infrastructure and park land improvements/acquisition. The objective of the Facilities (library, public meeting, and aquatics), and Park land/improvement fees is to provide parks, support facility improvements and additional park land acquisition to serve the needs of new residents.

Park Land
Acquisition
& Improvements

Library

Public Meeting
Facilities

Aquatics

Unit/Square
Foot
Detached Dwelling Units $3,677 $191 $1,660 $732 Per dwelling unit Attached Dwelling Units $3,730 $194 $1,684 $743 Per dwelling unit Commercial Lodging Units $17 Per dwelling unit
Retail/Services/Office Uses $0.064 Per square foot
Manufacturing/Industrial

$0.032 Per square foot
Institutional Uses $0.161 Per square foot

Facilities (Park, Library, Public and Aquatics) Revenues and Expenditures:

Fiscal Beginning Fund Fees Interest Ending Fund
Year Balance Collected Earned Expenditures Transfers Balance

2018-2019 $392,348 $587,899 $11,950 $15,064 $0 $977,133 2019-2020 $977,133 $81,136 $17,123 $72,227 $0 $1,003,165 2020-2021 $1,003,165 $46,541 $1,657 $553,387 $0 $497,976

FY 2018-2019 Expenditures:

Object Code Object Code Description Description Expenditures 5501 Capital Expenditure Langley Fitness Court $15,064
$15,064

City of Monterey Park
Development Impact Fees Annual Report
Fiscal Year 2020-2021
January 19, 2022

Page 7 of 9 ends

FY 2019-2020 Expenditures:

Object Code Object Code Description Description Amount 5501 Capital Expenditure Pool Equipment $16,209
5501 Capital Expenditure Langley Fitness Court $14,938
5501 Capital Expenditure Barnes Park Playground Equipment $41,080 $72,227

FY2020-2021 Expenditures:

Object Code Object Code Description Description Expenditures 5501 Capital Expenditure Barnes Park Playground Equipment $547,898 5501 Capital Expenditure Network System - Recreation Admin $5,489 $553,387

FY2021-2022 Budget Allocation:

Object
Code Object Code Description Description Amount Allocated 5501 Capital Expenditure Recreation Equipment Replacement $18,000 5501 Capital Expenditure Langley Restroom ADA Door $10,000 $28,000

Status of Projects:

No transfers or loans occurred in fiscal years reported on this report. There were no refunds or allocations pursuant to Government Code Section 66001.

Description
Total DIF
Expenditures
at 6/30/2021
Total Other
Funds
Expenditures
at 6/30/2021
Total Project
Expenditures
at 6/30/2021
DIF
Percent
of Total Status
Langley Fitness Court $30,002 $0 $30,002 100.00% Completed Pool Equipment $16,209 $0 $16,209 100.00% Completed
Barnes Park Playground Equipment $588,978 $0 $588,978 100.00% Completed Recreation Equipment Replacement $5,489 $0 $23,489 23.37% Ongoing Langley Restroom ADA Door $0 $0 $0 0.00%
To be
completed
2021-22
City of Monterey Park
Development Impact Fees Annual Report
Fiscal Year 2020-2021
January 19, 2022

Page 8 of 9 ends

WATER DISTRIBUTION FEES:

Pursuant to MPMC Chapter 3.110, the Water Distribution Fees are collected to fund water system infrastructure improvements, including reservoirs, treatment plants, pump stations, SCADA system, wells, utility office rehabilitation, water valves, and fire protection upgrades.

The objective of the fees is to meet all water demands with appropriate water operation and treatment facilities to mitigate development impacts on the existing water system infrastructure.

Water
Distribution
Unit/Square
Foot
Detached Dwelling Units $2,786 Per dwelling unit
Attached Dwelling Units $2,570 Per dwelling unit
Commercial Lodging Units $1,672 Per dwelling unit
Retail/Services/Office Uses $0.769 Per square foot
Manufacturing/Industrial Uses $0.386 Per square foot
Institutional Uses $0.528 Per square foot

Water Distribution Revenues and Expenditures:

Beginning
Fund Fees Interest Ending Fund
Fiscal Year Balance Collected Earned Expenditures Transfers Balance

2018-2019 $28,860 $370,798 $3,229 $0 $0 $402,887
2019-2020 $402,887 $34,771 $237 $0 $0 $437,895
2020-2021 $437,895 $24,097 $24 $0 $0 $462,016

The City will identify Water System Improvement projects in FY2022-2023. No transfers or loans occurred in fiscal years reported on this report . There were no refunds or allocations pursuant to Government Code Section 66001.

SEWER COLLECTION FEES:

Pursuant to MPMC Chapter 3.110, the Sewer Collection Development Impact Fees are collected to fund construction and system management improvements of the sewer collection system, including sanitary sewer system map book updates, GPS inventory, a computerized maintenance management system, FOG program, closed- circuit television, asset management plan, sewer master plan update, sewer field equipment upgrade, database/system training, emergency overflow plan, flow monitoring, sewer upgrades, and annual inspection program. The objective of the fees is to upgrade sewer collection system, thus mitigati ng development -generated growth- needs which impact to the City sewage service.

City of Monterey Park
Development Impact Fees Annual Report
Fiscal Year 2020-2021
January 19, 2022

Page 9 of 9 ends

Sewer Collection
Unit/Square
Foot
Detached Dwelling Units $385 Per dwelling unit
Attached Dwelling Units $356 Per dwelling unit
Commercial Lodging Units $231 Per dwelling unit
Retail/Services/Office Uses $0.138 Per square foot
Manufacturing/Industrial Uses $0.069 Per square foot
Institutional Uses $0.095 Per square foot

Sewer Collection Revenues and Expenditures:

Beginning
Fund Fees Interest Ending Fund
Fiscal Year Balance Collected Earned Expenditures Transfers Balance

2018-2019 $4,526 $52,252 $753 $0 $0 $57,531
2019-2020 $57,531 $4,802 $71 $0 $0 $62,403
2020-2021 $62,403 $3,452 $9 $0 $0 $65,865

The City will identify Sewer Collection Improvement projects in FY2022- 2023. No transfers or loans occurred in fiscal years reported on this report . There were no refunds or allocations pursuant to Government Code Section 66001.

City Council Staff Report
DATE: January 19, 2022
AGENDA ITEM NO: Consent Calendar No. 3D
TO: The Honorable Mayor and City Council
FROM: Ron Bow, City Manager & Director of Emergency Services SUBJECT: Adopt a Resolution ratifying certain actions completed by the City Manager regarding COVID-19 Pandemic; continue to extend the existence of a local emergency; and authorize public meetings via teleconferencing.

RECOMMENDATION:

It is recommended that the City Council consider:

1. Adopting a resolution ratifying certain actions completed by the City Manager regarding COVID-19 Pandemic, continue to extend the existence of a local emergency and authorize public meetings via teleconferencing; and

2. Taking such additional, related, action that may be desirable.

ENVIRONMENTAL ASSESSMENT:

The Resolution
itself and the actions anticipated by the Resolution were reviewed pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et seq., the “CEQA Guidelines”). Based upon that review, this action is exempt from further review pursuant to CEQA Guidelines § 15269(a) because the protection of public and private property is necessary to maintain service essential to the public, health and welfare.
1 EXECUTIVE SUMMARY:

As the
City Council was previously informed, Assembly Bill (AB) No. 361 became effective on September 16, 2021. It amends the Brown Act in several ways but also allows the City to extend its virtual meetings for 30 day increments if a state or local emergency requires social distancing. The City Council previously adopted resolutions on October 6, 2021, November 17, 2021, and December 15, 2021, which allow for the ongoing use of videoconferencing for public meetings.
1 CEQA findings regarding an anticipated imminent emergency are valid (see CalBeach Advocates v. City of Solana Beach (2002) 103 Cal.App.4th 529).

Staff Report

Page 2 of 3 ends

January 19, 2022

BACKGROUND:

To continue utilizing videoconferencing, the City Council must undertake the following:

• The legislative body has reconsidered the circumstances of the emergency; and

• Either of the following circumstances exist:
i) The state of emergency continues to directly impact the ability of members to meet safely in person.
ii) ii) State or local officials continue to impose or recommend social distancing measures.

On November 10, 2021, the Governor extended the COVID -19 statewide emergency to March 31, 2022. Based upon that declaration – and the most recent Orders from the Los Angeles County Health Department – it is apparent that the local emergency will continue well into 2022. Accordingly, it appears that the continued use of videoconferencing is in the public’s best interest. City Council meetings will continue to be conducted pursuant to Government Code § 54953(e) as implemented by City Council Resolution.

The draft resolution, if adopted, would also ratify certain actions taken by the City Manager utilizing his emergency powers under the Monterey Park Municipal Code. A listing of those actions is included as an exhibit to the resolution.

FISCAL IMPACT:

The final fiscal impacts are unknown at this time. The City Manager will provide a final report when the City Council takes action to end the emergency.

Staff Report

Page 3 of 3 ends

January 19, 2022

Respectfully Submitted by:

____________________________
Ron Bow
City Manager

Reviewed by: Reviewed by:

____________________________ __________________________ Kelly Gordon Matt Hallock
Police Chief Fire Chief

Reviewed by:

____________________________
Karl H. Berger
City Attorney

ATTACHMENT:

1. Draft Resolution

Staff Report
January 19, 2022
ATTACHMENT 1
Draft Resolution

RESOLUTION NO. A RESOLUTION RATIFYING CERTAIN ACTIONS COMPLETED BY THE CITY MANAGER; EXTENDING THE EXISTENCE OF A LOCAL EMERGENCY; AND AUTHORIZING PUBLIC MEETINGS VIA TELECONFERENCING. BE IT RESOLVED by the Council of the City of Monterey Park as follows: SECTION 1: The City Council finds as follows: A. On March 18, 2020, the City Council adopted Resolution No. 12142 which confirmed the existence of a local emergency related to the COVID-19 Pandemic (the “COVID-19 Pandemic”). Section 4 of Resolution No. 12142 authorizes the City Manager to undertake all actions needed to preserve public health and safety in accordance with applicable law. B. The Governor’s March 4, 2020 Proclamation of Emergency (see paragraph 8) suspended the reporting and extension requirements of Government Code § 8630 for the duration of the COVID-19 Pandemic. C. Notwithstanding the Governor’s Proclamation of Emergency, however, the City Council regularly reviewed and ratified actions undertaken by the City Manager when exercising his emergency powers. Accordingly, the City Council adopted a series of resolutions ratifying the City Manager’s actions and extending the existence of a local emergency prompted by the COVID-19 Pandemic. D. Responses to the COVID-19 Pandemic continue to occur on nearly a daily basis since the City Council last considered this local emergency. As a result, the City Manager undertook a number of actions that are listed in attached Exhibit “A,” which is incorporated by reference (“Approved Actions”). E. Effective September 16, 2021, Assembly Bill No. 361 took effect which (among other things) amends certain provisions of the Ralph M. Brown Act governing open meetings and imposes a requirement to consider teleconferencing of meetings every 30 days. F. Effective November 10, 2021, the Governor extended the statewide COVID-19 emergency until March 31, 2022 (via Executive Order N-21-21). G. Government Code § 54953(e) allows the City to continue utilizing teleconferencing (which includes internet based video conferencing) to conduct public meetings under certain circumstances.

Resolution No. Page 2 of 3 SECTION 2: Ratification; Continuation of Local Emergency. The City Council reviewed the state of the community and continues to extend the COVID-19 Pandemic emergency. The Approved Actions are ratified and approved. Based upon the verbal and written reports of the City Manager regarding the COVID-19 Pandemic, the City Council is satisfied that the local emergency will continue for the foreseeable future. SECTION 3: Teleconferencing. A. Pursuant to Government Code § 54953(e), the City Council finds as follows: 1. The state of California continues to be in a declared state of emergency pursuant to Government Code § 8625 (the California Emergency Services Act; see Government Code § 54953(e)(3); see also Governor’s Proclamation dated March 4, 2020 and Executive Order N-21-21 dated November 10, 2021); and 2. Based upon the recommendations of the Police Chief, Fire Chief, and City Manager, along with the most recent Order of the Health Officer for County of Los Angeles Department of Public Health, masks and social distancing continue to be necessary to curb the spread of the COVID-19 virus (Government Code § 54953(e)(3)(B)(ii)). B. Accordingly, to protect public health and safety the City Council finds that it is in the public interest to conduct public meetings of its legislative bodies via teleconference as defined by Government Code § 54953. C. The City will adhere to all requirements of Government Code § 54953 governing teleconferencing during the emergency including, without limitation, posting agendas; allowing for real-time public comment via either call-in or internet-based; allowing for written communications that will be either read or summarized into the record during the meeting as determined by the City Council; and protecting the statutory and constitutional rights of all persons appearing before the legislative body. No physical location will be provided for persons wishing to provide real-time public comment. SECTION 4: Reporting. Every 30 days following adoption of this Resolution, the City Council will reconsider the extension of the teleconferencing method of public meetings in accordance with Government Code § 54953(e)(3). Such determinations may take the form of a minute order and be placed on the consent calendar. SECTION 5: Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.

Resolution No.

Page 3 of 3 ends

SECTION 6: Recordation. The Mayor, or presiding officer, is authorized to sign this Resolution signifying its adoption by the City Council of the City of Monterey Park and the City Clerk, or her duly appointed deputy, may attest thereto.

SECTION 7: Effective Date. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.

PASSED AND ADOPTED this 19th day of January, 2022.

________________________________
Henry Lo, Mayor
ATTEST:

____________________________
Vincent D. Chang, City Clerk

APPROVED AS TO FORM:

____________________________
Karl H. Berger, City Attorney

Attachments:

Exhibit A: Approved Actions

EXHIBIT A

APPROVED ACTIONS
SINCE DECEMBER 2021

• City Manager authorized temporar y suspension of all indoor Bruggemeyer Library services and Recreation and Community Services programming through January 31, 2022.

City Council Staff Report
DATE: January 19, 2022
AGENDA ITEM NO: Consent Calendar No. 3E
TO: The Honorable Mayor and City Council
FROM: Frank A. Lopez, Director of Public Works / City Engineer SUBJECT: City Hall Fire Alarm Panel Replacement
RECOMMENDATION:

It is recommended that the City Council consider:

1. Authorizing the City Manager to execute an Amendment, in a form approved by the City Attorney, to the Fire Alarm System Maintenance Agreement with Johnson Controls Fire Protection LP in the amount of $136,000;

2. Appropriating an additional $112,000 from the General Fund balance to replace the existing City Hall fire alarm panel; and

3. Taking such additional, related action that may be desirable EXECUTIVE SUMMARY:

The existing City Hall fire alarm panel is unreliable. It is currently maintained by Johnson Controls Fire Protection LP (Johnson Controls) which is the only supplier for the system.

Based upon information from Johnson Controls, it is apparent that parts and software are no longer available for the existing system; it requires a routine upgrade with a replacement panel.

Infrastructure for the fire alarm remains in place and is proprietary with Johnson Controls’s equipment. Maintaining the fire panel is contemplated as part of the scope of work in the contract with Johnson Control; the cost needed to upgrade the fire panel, however, was not included within the contract amount. If authorized by the City Council, Johnson Controls will upgrade the City’s Simplex 4100+ panel with a 4100ES and ensure that existing smoke detectors remain operable. The proposed work will likely be completed within 12 weeks of approval. A budget appropriation of $112,000 is needed from the City’s General Fund balance for the additional maintenance costs.

BACKGROUND:

The City has a current contract with Johnson Controls for fire alarm system maintenance.

Due to the age of the alarm system, various components such as the fire alarm panel, have reached or surpassed their service life expectancy. In recent months, the system experienced several dozen false alarms due to the malfunctioning components. During a recent assessment, the vendor advised that the City Hall main fire alarm panel had reached the end of its service life and was no longer supported.

Johnson Controls proposed to replace the current Simplex 4100+ panel with a 4100ES and replace all non-compatible duct detectors and smoke detectors with new compatible

Staff Report
January 19, 2022

Page 2 ends

models for $102,000. This work is required to ensure that the fire alarm system continues to be in a safe and operable condition. The ongoing maintenance of the fire alarm system and replacement of panel(s) is essential for the protection of City Hall facilities. It is recommended, therefore, that the City amend the maintenance agreement with Johnson Controls to include the replacement of the fire alarm panel for $102,000, for a total contract amount of $136,000. This would include a 10% contingency for this project.

FISCAL IMPACT:

A budget appropriation of $1 12,000 from the General Fund balance to Account No. 1014210-5254, Repair and Maintenance Machinery and Equipment, is required to cover the fire panel replacement and remaining expenses for ongoing maintenance, thereby increasing the total Repair and Maintenance Machinery and Equipment budget to $147,000.

Respectfully submitted by: Prepared by:

Frank A. Lopez
Director of Public Works
City Engineer
Chris Reyes
Public Works Manager
Reviewed by:

Martha Garcia
Director of Management Services
Approved by: Reviewed by:

Ron Bow
City Manager
Karl H. Berger
City Attorney
ATTACHMENT:

1. Johnson Controls Proposal

Staff Report January 19, 2022 ATTACHMENT 1 Johnson Controls Proposal Johnson Controls Fire Protection LP Quotation
To:

City of Montere
y Park
320 West Newmark Avenue
Monterey Park, CA 91754-2896

Project: Monterey Park City Hall - FACP Replacement-
CPQ-130817
Johnson Controls Reference:
650130817
Proposal #: 1
Date: 01/06/2022
Page: 1 of 9

Johnson Controls is pleased to offer for your consideration this quotation for the above project Scope of W
ork
CSLB# 986047
DIR# 1000000576
If contract is awarded please issue to Johnson Controls Fire Protection LP .

Proposal is based off the site walk on 10-06-2021 & 01-05-2022 with no plans and no specifications. Existing Simplex 4100+ is obsolete and no longer supported so it will be replaced by a 4100ES. Panel replacement will not trigger a full Fire Marshall code enforcement as all devices will be listed and compatible.

Subject to field verification and acceptance from the AHJ, this project is for panel replacement, cellular dialer with field devices that are found to not be compatible with new panel. Existing field devices found non-operational will have to be replaced at additional cost not listed in this quote.

Existing wiring to be reused if wiring is found to have faults then additional charges will be incurred.

Mounting and weatherproofing of duct smoke detectors to duct work by JCI.

Scope includes wiring terminations, equipment, programming, pre testing, IOR testing and final testing for the fire alarm system.

Johnson Control Fire Protection LP will install all fire alarm devices as depicted on this proposal. **Conduit and back boxes excluded
Johnson Controls Fire Protection LP
12728 Shoemaker A
ve
Santa Fe Springs , CA 90670
+1 562 405 3939

Fire, Security, Communications, Sales & Service
Offices & Representativ
es in Principal Cities throughout North America
© 2020 Johnson Controls Fire Protection LP. ALL RIGHTS RESERVED **Pull strings shall be provided by the electrical contractor for fire alarm system.

Included:

All construction ef
forts to be coordinated with Project Manager.

Labor rate based on PREVAILING WAGES.

Johnson Control Fire Protection LP will safe-off the existing devices but contractor is responsible for the actual demolition of conduits, back boxes and wiring.

Only item and services specifically listed are to be construed as included.

Detailed construction schedule required prior to scheduling labor forces. Including one-week prior notice for installation and service programming.

Lead time for field equipment is 2 to 4 weeks from the time the order is processed.

Shop drawings lead time is 6 to 8 weeks from the Johnson Control Fire Protection LP receives the AutoCAD files.

Drawing CAD backgrounds are e-mailed directly to [email protected]. Note where applicable: Design drawings are subject to the approval of Fire Department. Submitted drawing approval time is subject to AHJ scheduling. Pretest documentation to be submitted prior to scheduling a final test.

Exclusions:
120VAC wiring
Asbestos abatement not included
Any and all items not listed
After hour testing and labor associated with this testing After hour permits
Union, PSA, PLA, Federal/DBRA
DSA Fees and Engineering Stamps are excluded
Structural calculations or PE stamp
Troubleshooting of existing panel troubles
Central station monitoring
Conduit and Back Boxes
Free-air wiring installation
Johnson Controls Fire Protection LP
12728 Shoemaker A
ve
Santa Fe Springs , CA 90670
+1 562 405 3939

Fire, Security, Communications, Sales & Service
Offices & Representativ
es in Principal Cities throughout North America
© 2020 Johnson Controls Fire Protection LP. ALL RIGHTS RESERVED MC Cable installation
Fire watch
Patching and painting.

Fiber (SM or MM)
Underground wiring, overhead/exterior wiring
Demolition
Scaf
folding or lifts required
Delays, Costs and Extensions of Time
JCI's time for performance of the Work shall be extended for such reasonable time as JCI is delayed due to causes reasonably beyond JCI's control, whether such causes are foreseeable or unforeseeable, including pandemics such as coronavirus (provisionally named SARS- CoV-2, with its disease being named COVID-19) including, without limitation, labor, parts or equipment shortages. To the extent JCI or its subcontractors expend additional time or costs related to conditions or events set forth in this provision, including without limitation, expedited shipping, hazard pay associated with site conditions, additional PPE requirements, additional time associated with complying with social distancing or hygiene requirements, or additional access restrictions, the Contract Sum shall be equitably adjusted.

Johnson Controls Fire Protection LP
12728 Shoemaker A
ve
Santa Fe Springs , CA 90670
+1 562 405 3939

Fire, Security, Communications, Sales & Service
Offices & Representativ
es in Principal Cities throughout North America
© 2020 Johnson Controls Fire Protection LP. ALL RIGHTS RESERVED QTY
MODEL

NUMBER DESCRIPTION

1 2975-9443

3 BAY BB/GDOOR/DRESS PNL RED

2 2081-9271

BATTERY 33AH

1 TG-7FS-LTE

CELLULAR DIALER

15 4098-9756

DUCT SENSOR HOUSING-4-WIRE

25 4098-9857

"SAMPLING TUBE 73"", PLASTIC"

10 4098-9845

DUCT WEATHERPROOF ENCLOSURE

50 4098-9714

PHOTO SENSOR

50 4098-9792

SENSOR BASE

1 4100-9701

ES-PS MSTR CTRLR 2X40

1 4100-6080

SERIAL DACT SIDE MOUNT

1 41002153

3Bay Glass Dr Pkg Factory Only

1 4100-5013

8 POINT ZONE/RELAY MODULE

1 4100-5131

ES-PS FAN MODULE

6 4100-5450

NAC CARD

1 4100-6078

NETWORK IFC CARD, MODULAR

2 4100-6056

NETWORK MEDIA CARD WIRED

1 4100-3206

8 POINT 3 AMP AUX RELAY MODULE

1 4100-3117

MSTR CTLR IDNET2, FACTORY ONLY

1 41007905

FACTORY BUILT-MAIN CONFIGURED

2 4100-0644

120V ES-PS PDM HARNESS

1 4100-0634

POWER DISTRIBUTION MODULE 120V

1 4100-2300

EXPANSION BAY (PHASE 10 ONLY)

1 4100-5401

ES-PS POWER SUPPLY

8 4100-1279

2 BLANK DISPLAY MODULE

1 4100-2302

8 SLOT EXP BAY FILLER PANEL

DSGN LAB

DESIGN LABOR

CAD LAB

CAD LABOR

PM LAB

PROJECT/CONSTRUCTION MGMT

COMM LAB

COMMISSIONING LABOR

INST LAB

INSTALLATION LABOR

DPMLZ

INSTALLATION MOBILIZATION

DPSVC

DP SVCS (PERMITS/FEES/BONDS)

Project: Monterey Park City Hall - FACP Replacement- CPQ-130817 Johnson Controls Reference:
650130817
Proposal #: 1
Date: 01/06/2022
Page: 4 of 9

Fire, Security, Communications, Sales & Service
Offices & Representativ
es in Principal Cities throughout North America
© 2020 Johnson Controls Fire Protection LP. ALL RIGHTS RESERVED Total net selling price, FOB shipping point, $98,000.00 T
otal Price with Sales Tax $102,000.00
The aforementioned quote includes estimated sales tax, if any, and any additional sales tax will be charged in addition to this quote where applicable.

Project: Monterey Park City Hall - FACP Replacement- CPQ-130817 Johnson Controls Reference:
650130817
Proposal #: 1
Date: 01/06/2022
Page: 5 of 9

Fire, Security, Communications, Sales & Service
Offices & Representativ
es in Principal Cities throughout North America
© 2020 Johnson Controls Fire Protection LP. ALL RIGHTS RESERVED TERMS AND CONDITIONS (Rev. 11/21)

1.Payment.

All payments are due net thirty (30) days
from the date of invoice. Invoicing disputes must be
identified in writing within 21 days of the invoice date.

Payments of any disputed amounts are due and
payable upon resolution. All other amounts remain
due within thirty (30) days from the date of the
invoice. Work performed on a time and material
basis shall be at Company’s then-prevailing rate for
material, labor, and related items, in effect at the time supplied under this Agreement. Company shall
invoice Customer for progress payments to 100%
percent based upon equipment delivered or stored,
and services performed. In the event project duration
exceeds one month, Company reserves the right to
submit partial invoices for progress payments for work
completed at the project site. Customer agrees to pay
any progress invoices in accordance with the
payment terms set forth herein. In exchange for close-
out documents to be provided by Company, Customer
agrees to pay Company the remaining project
balance when on-site labor is completed and prior to
any final inspections. Customers without established
satisfactory credit and Customers who fail to pay
amounts when due may be required to make
payments of cash in advance, upon delivery or as
otherwise specified by Company. Company reserves
the right to revoke or modify Customer’s credit in its
sole discretion. Customer’s failure to make payment
when due is a material breach of this Agreement and
will give Company, without prejudice to any other right or remedy, the right to (a) stop performing any
Services and/or withhold further deliveries of
Equipment and other materials; terminate or suspend
any unpaid software licenses; and/or terminate this
Agreement; and (b) charge Customer interest on the
amounts unpaid at a rate equal to the lesser of 1.5%
per month or the maximum rate permitted under
applicable law, until payment is made in full.

Customer agrees to pay all of Company’s reasonable
collection costs, including legal fees and expenses.

2.Deposit. Unless prohibited by law, Customer
agrees to pay a deposit equal to 30% of the project
sell price (pre-tax) prior to Company providing any
labor or materials on the project. Company will
generate an invoice for the 30% deposit after
Company’s receipt of a written agreement or order
from Customer. Company will not commence work
until receipt of the deposit.

3.Pricing. The pricing set forth in this Agreement is
based on the number of devices to be installed and
services to be performed as set forth in the Scope of
Work (“Equipment” and “Services”). If the actual
number of devices installed or services to be
performed is greater than that set forth in the Scope
of Work, the price will be increased accordingly. If this Agreement extends beyond one year, Company may
increase prices upon notice to the Customer.

All stated prices are exclusive of and Customer
agrees to pay any taxes, fees, duties, tariffs, false
alarm assessments, installation or alarm permits, and
levies or other similar charges imposed and/
or enacted by a government, however designated or
imposed, including but not limited to value-added and
withholding taxes that are levied or based upon the
amounts paid under this Agreement.

Prices in any quotation or proposal from Company are
subject to change upon notice sent to Customer at
any time before the quotation or proposal has been
accepted. Prices for products covered by this
Agreement may be adjusted by Company, upon
notice to Customer at any time prior to shipment and
regardless of Customer’s acceptance of the
Company’s proposal or quotation, to reflect any
increase in Company’s cost of raw materials (e.g.,
steel, aluminum) inability to secure Products, changes
or increases in law, labor, taxes, duties, tariffs or
quotas, acts of government, any similar charges, or to
cover any extra, unforeseen and unusual cost
elements.

4.Alarm Monitoring Services. Any reference to
alarm monitoring services in this Agreement is
included for pricing purposes only. Alarm monitoring
services are performed pursuant to the terms and
conditions of Company’s standard alarm monitoring
services agreement.

5. Code Compliance. Company does not undertake
an obligation to inspect for compliance with laws or
regulations unless specifically stated in the Scope of
Work. Customer acknowledges that the Authority
Having Jurisdiction (e.g. Fire Marshal) may establish
additional requirements for compliance with federal,
state/provincial and local codes. Any additional
services or equipment required will be provided at an
additional cost to Customer.

6. Limitation of Liability; Limitations of Remedy. It
is understood and agreed by the Customer that
Company is not an insurer and that insurance
coverage shall be obtained by the Customer and
that amounts payable to company hereunder are
based upon the value of the services and the
scope
of liability set forth in this Agreement and
are unrelated to the value of the Customer’s
property and the property of others located on the
premises. Customer agrees to look exclusively to
the Customer’s insurer to recover for injuries or
damage in the event of any loss or injury and that
Customer releases and waives all right of
recovery against Company arising by way of
subrogation. Company makes no guaranty or
Warranty, including any implied warranty of
merchantability or fitness for a particular purpose
that equipment or services supplied by Company
will detect or avert occurrences or the
consequences therefrom that the equipment or
service was designed to detect or avert. It is
impractical and extremely difficult to fix the actual
damages, if any, which may proximately result
from failure on the part of Company to perform
any of its obligations under this Agreement.

Accordingly, Customer agrees that, Company
shall be exempt from liability for any loss, damage
or injury arising directly or indirectly from
occurrences, or the consequences therefrom,
which the equipment or service was designed to
detect or avert. Should Company be found liable
for any loss, damage or injury arising from a
failure of the equipment or service in any respect,
Company’s liability shall be limited to an amount
equal to the Agreement price (as increased by the
price for any additional work) or where the time
and material payment term is selected,
Customer’s time and material payments to
Company to be calculated with reference to
payments made at the time the loss is sustained.

Where this Agreement covers multiple sites,
liability shall be limited to the amount of the
payments allocable to the site where the incident
occurred. Such sum shall be complete and
exclusive. In no event shall Company be liable for
any damage, loss, injury, or any other claim
arising from any servicing, alterations,
modifications, changes, or movements of the
Covered System(s) or any of its component parts
by Customer or any third party. To the maximum
extent permitted by law, in no event
shall Company and its affiliates and their
respective personnel, suppliers and vendors be
liable to Customer or any third party under any
cause of action or theory of liability, even if
advised of the possibility of such damages, for
any (a) special, incidental, consequential,
punitive or indirect damages of any kind; (b) loss
of profits, revenues, data, customer opportunities,
business, anticipated savings or goodwill; (c)
business interruption; or (d) data loss or other
losses arising from viruses, ransomware, cyber-
attacks or failures or interruptions to network
systems. The limitations of liability set forth in
this Agreement shall inure to the benefit of all
parents, subsidiaries and affiliates of Company,
whether direct or indirect, Company’s employees,
agents, officers and directors.

7. Reciprocal Waiver of Claims (SAFETY
Act). Certain of Company’s systems and services
have received Certification and/or Designation as
Qualified Anti-Terrorism Technologies (“QATT”) under
the Support Anti-terrorism by Fostering Effective
Technologies Act of 2002, 6 U.S.C. §§ 441-444 (the
“SAFETY Act”). As required under 6 C.F.R. 25.5 (e),
to the maximum extent permitted by law, Company
and Customer hereby agree to waive their right to
make any claims against the other for any losses,
including business interruption losses, sustained by
either party or their respective employees, resulting
from an activity resulting from an “Act of Terrorism” as defined in 6 C.F.R. 25.2, when QATT have been
deployed in defense against, response to, or recovery
from such Act of Terrorism.

8. General Provisions. Customer has selected the
service level desired after considering and balancing
various levels of protection afforded, and their related costs. All work to be performed by Company will be
performed during normal working hours of normal
working days (8:00 a.m. – 5:00 p.m., Monday through
Friday, excluding Company holidays), as defined by
Company, unless additional times are specifically
described in this Agreement. Company will perform
the services described in the Scope of Work section
(“Services”) for one or more system(s) or equipment
as described in the Scope of Work section or the
listed attachments (“Covered System(s)”). The
Customer shall promptly notify Company of any
malfunction in the Covered System(s) which comes to
Customer’s attention. This Agreement assumes the
Covered System(s) are in operational and
maintainable condition as of the Agreement date. If,
upon initial inspection, Company determines that
repairs are recommended, repair charges will be
submitted for approval prior to any work. Should such
repair work be declined Company shall be relieved
from
any and all liability arising therefrom. UNLESS

OTHERWISE SPECIFIED IN THIS AGREEMENT,

ANY INSPECTION (AND, IF SPECIFIED, TESTING)

PROVIDED UNDER THIS AGREEMENT DOES NOT

INCLUDE ANY MAINTENANCE, REPAIRS,

ALTERATIONS, REPLACEMENT OF PARTS, OR

ANY FIELD ADJUSTMENTS WHATSOEVER, NOR

DOES IT INCLUDE THE CORRECTION OF ANY

DEFICIENCIES IDENTIFIED BY COMPANY TO
CUSTOMER. COMPANY SHALL NOT BE

RESPONSIBLE FOR EQUIPMENT FAILURE

OCCURRING WHILE COMPANY IS IN THE

PROCESS OF FOLLOWING ITS INSPECTION

TECHNIQUES, WHERE THE FAILURE ALSO

RESULTS FROM THE AGE OR OBSOLESCENCE

OF THE ITEM OR DUE TO NORMAL WEAR AND
TEAR. THIS AGREEMENT DOES NOT COVER

SYSTEMS, EQUIPMENT, COMPONENTS OR

PARTS THAT ARE BELOW GRADE, BEHIND

WALLS OR OTHER OBSTRUCTIONS OR

EXTERIOR TO THE BUILDING, ELECTRICAL
WIRING, AND PIPING.

9. Customer Responsibilities. Customer shall
furnish all necessary facilities for performance of its work by Company, adequate space for storage and
handling of materials, light, water, heat, heat tracing, electrical service, local telephone, watchman, and
crane and elevator service and necessary permits.

Where wet pipe system is installed, Customer shall
supply and maintain sufficient heat to prevent freezing of the system. Customer shall promptly notify
Company of any malfunction in the Covered
System(s) which comes to Customer’s attention. This
Agreement assumes any existing system(s) are in
operational and maintainable condition as of the
Agreement date. If, upon initial inspection, Company
determines that repairs are recommended, repair
charges will be submitted for approval prior to any
work. Should such repair work be declined Company
shall be relieved from any and all liability arising
therefrom. Customer shall further:
• supply required schematics and drawings unless
they are to be supplied by Company in
accordance with this Agreement;
• Provide a safe work environment, in the event of
an emergency or Covered System(s) failure, take
reasonable safety precautions to protect against
personal injury, death, and property damage,
continue such measures until the Covered
System(s) are operational, and notify Company as
soon as possible under the circumstances.
• Provide Company access to any system(s) to be
serviced,
• Comply with all laws, codes, and regulations
pertaining to the equipment and/or services
provided under this Agreement.

Customer is solely responsible for the establishment,
operation, maintenance, access, security and other
aspects of its computer network (“Network”) and shall
supply Company secure Network access for providing
its services. Products networked, connected to the
internet, or otherwise connected to computers or
other devices must be appropriately protected by
Customer and/or end user against unauthorized
access. Customer is responsible to take appropriate
measures, including performing back-ups, to protect
information, including without limit data, software, or files (collectively “Data”) prior to receiving the service or products.

10. Excavation. In the event the Work includes
excavation, Customer shall pay, as an extra to the
contract price, the cost of any additional work
performed by Company dues to water, quicksand,
rock or other unforeseen condition or obstruction
encountered or shoring required.

11. Structure and Site Conditions. While employees
of Company will exercise reasonable care in this
respect, Company shall be under not responsibility for
loss or damage due to the character, condition or use
of foundations, walls, or other structures not erected
by Company or resulting from the excavation in
proximity thereto, or for damage resulting from
concealed piping, wiring, fixtures, or other equipment
or condition of water pressure. All shoring or
protection of foundation, walls or other structures
subject to being disturbed by any excavation required
hereunder shall be the responsibility of Customer.

Customer shall have all things in readiness for
installation including, without limitation, structure to support the sprinkler system and related equipment
(including tanks), other materials, floor or suitable
working base, connections and facilities for erection at the time the materials are delivered. In the event
Customer fails to have all things in readiness at the
time scheduled for receipt of materials, Customer
shall reimburse Company for all expenses caused by
such failure. Failure to make areas available to
Project: Monterey Park City Hall - FACP Replacement- CPQ-130817 Johnson Controls Reference:
650130817
Proposal #: 1
Date: 01/06/2022
Page: 6 of 9

Fire, Security, Communications, Sales & Service
Offices & Representativ
es in Principal Cities throughout North America
© 2020 Johnson Controls Fire Protection LP. ALL RIGHTS RESERVED Company during performance in accordance with
schedules
that are the basis for Company’s proposal
shall be considered a failure to have things in
readiness in accordance with the terms of this
Agreement.

12. Confined Space. If access to confined space by
Company is required for the performance of Services,
Services shall be scheduled and performed in
accordance with Company’s then-current hourly rate.

13. Hazardous Materials. Customer represents that,
except to the extent that Company has been given
written notice of the following hazards prior to the
execution of this Agreement, to the best of
Customer’s knowledge there is no:
• Space in which work must be performed that,
because of its construction, location, contents or
work activity therein, accumulation of a hazardous
gas, vapor, dust or fume or the creation of an
oxygen-deficient atmosphere may occur,
• “permit confined space,” as defined by OSHA for
work performed by Company in the United States,
• risk of infectious disease,
• need for air monitoring, respiratory protection, or
other medical risk,
• asbestos, asbestos-containing material,
formaldehyde or other potentially toxic or
otherwise hazardous material contained in or on
the surface of the floors, walls, ceilings, insulation
or other structural components of the area of any
building where work is required to be performed
under this Agreement.

All of the above are hereinafter referred to as
“Hazardous Conditions”. Company shall have the
right to rely on the representations listed above. If
hazardous conditions are encountered by Company
during the course of Company’s work, the discovery
of such materials shall constitute an event beyond
Company’s control and Company shall have no
obligation to further perform in the area where the
hazardous conditions exist until the area has been
made safe by Customer as certified in writing by an
independent testing agency, and Customer shall pay
disruption expenses and re-mobilization expenses as
determined by Company. This Agreement does not
provide for the cost of capture, containment or
disposal of any hazardous waste materials, or
hazardous materials, encountered in any of the
Covered System(s) and/or during performance of the
Services. Said materials shall at all times remain the
responsibility and property of Customer. Company
shall not be responsible for the testing, removal or
disposal of such hazardous materials.

14. COVID-19 Vaccination. Company expressly
disclaims any requirement, understanding or
agreement, express or implied, included directly or
incorporated by reference, in any Customer purchase
order, solicitation, notice or otherwise, that any of
Company’s personnel be vaccinated against Covid-19
under any federal, state/provincial or local law,
regulation or order applicable to government contracts
or subcontracts, including, without limitation,
Presidential Executive Order 14042 (“Ensuring
Adequate COVID Safety Protocols for Federal
Contractors”) and Federal Acquisition Regulation
(FAR) 52.223-99 (“Ensuring Adequate COVID Safety
Protocols for Federal Contractors”). Any such
requirement shall only apply to Company’s personnel
if and only to the extent contained in a written
agreement physically signed by an authorized officer
of Company.

15. Occupational Health and Safety/OSHA
Compliance. Customer shall indemnify and hold
Company harmless from and against any and all
claims, demands and/or damages arising in whole or
in part from the enforcement of applicable laws
regarding occupational health and safety for work
performed in Canada or the Occupational Safety
Health Act for work performed by Company in the
United States. (and any amendments or changes
thereto) unless said claims, demands or damages are
a direct result of causes within the exclusive control of Company.

16. Interferences. Customer shall be responsible to
coordinate the work of other trades (including but not
limited to ducting, piping, and electrical) and for and additional costs incurred by Company arising out of
interferences to Company’s work caused by other
trades.

17. Modifications and Substitutions. Company
reserves the right to modify materials, including
substituting materials of later design, providing that
such modifications or substitutions will not materially affect the performance of the Covered System(s).

18. Changes, Alterations, Additions. Changes,
alterations and additions to the Scope of Work, plans,
specifications or construction schedule shall be invalid unless approved in writing by Company. Should
changes be approved by Company, that increase or
decrease
the cost of the work to Company, the parties
shall agree, in writing, to the change in price prior to performance of any work. However, if no agreement is
reached prior to the time for performance of said
work, and Company elects to perform said work so as
to avoid delays, then Company’s estimate as to the
value of said work shall be deemed accepted by
Customer. In addition, Customer shall pay for all
extra work requested by Customer or made
necessary because of incompleteness or inaccuracy
of plans or other information submitted by Customer
with respect to the location, type of occupancy, or
other details of the work to be performed. In the
event the layout of Customer’s facilities has been
altered, or is altered by Customer prior to the
completion of the Work, Customer shall advise
Company, and prices, delivery and completion dates
shall be changed by Company as may be required.

19. Commodities Availability. Company shall not be
responsible for failure to provide services, deliver
products, or otherwise perform work required by this
Agreement due to lack of available steel products or
products made from plastics or other commodities. In
the event Company is unable, after reasonable
commercial efforts, to acquire and provide steel
products, or products made from plastics or other
commodities, if required to perform work required by
this Agreement, Customer hereby agrees that
Company may terminate the Agreement, or the
relevant portion of the Agreement, at no additional
cost and without penalty. Customer agrees to pay
Company in full for all work performed up to the time
of any such termination.

20. Project Claims. Any claim of failure to perform
against Company arising hereunder shall be deemed
waived unless received by Company, in writing
specifically setting forth the basis for such claim,
within ten (10) days after such claims arises.

21. Back charges. No charges shall be levied against
Company unless seventy-two (72) hours prior written
notice is given to Company to correct any alleged
deficiencies which are alleged to necessitate such
charges and unless such alleged deficiencies are
solely and directly caused by Company.

22. System Equipment. The purchase of equipment
or peripheral devices (including but not limited to
smoke detectors, passive infrared detectors, card
readers, sprinkler system components, extinguishers
and hoses) from Company shall be subject to the
terms and conditions of this Agreement. If, in
Company’s sole judgment, any peripheral device or
other system equipment, which is attached to the
Covered System(s), whether provided by Company or
a third party, interferes with the proper operation of
the Covered System(s), Customer shall remove or
replace such device or equipment promptly upon
notice from Company. Failure of Customer to remove
or replace the device shall constitute a material
breach of this Agreement. If Customer adds any third
party device or equipment to the Covered System(s),
Company shall not be responsible for any damage to
or failure of the Covered System(s) caused in whole
or in part by such device or equipment.

23. Reports. Where inspection and/or test services
are selected, such inspection and/or test shall be
completed on Company’s then current Report form,
which shall be given to Customer, and, where
applicable, Company may submit a copy thereof to
the local authority having jurisdiction. The Report and recommendations by Company are only advisory in
nature and are intended to assist Customer in
reducing the risk of loss to property by indicating
obvious defects or impairments noted to the system
and equipment inspected and/or tested. They are not
intended to imply that no other defects or hazards
exist or that all aspects of the Covered System(s),
equipment, and components are under control at the
time of inspection. Final responsibility for the condition and operation of the Covered System(s) and
equipment and components lies with Customer

24. Limited Warranty. Subject to the limitations
below, Company warrants any equipment (as
distinguished from the Software) installed pursuant to
this Agreement to be free from defects in material and
workmanship under normal use for a period of one (1)
year from the date of first beneficial us or all or any part of the Covered System(s) or 18 months after
Equipment shipments, whichever is earlier, provided
however, that Company’s sole liability, and
Customer’s sole remedy, under this limited warranty
shall be limited to the repair or replacement of the
Equipment or any part thereof, which Company
determines is defective, at Company’s sole option and
subject to the availability of service personnel and
parts, as determined by Company. Company warrants
expendable items, including, but not limited to, video
and print heads, television camera tubes, video
monitor displays tubes, batteries and certain other
products in accordance with the applicable
manufacturer’s warranty. Company does not warrant
devices
designed to fail in protecting the System,
such as, but not limited to, fuses and circuit
breakers. Company warrants that any Company
software described in this Agreement, as well as
software contained in or sold as part of any
Equipment described in this Agreement, will
reasonably conform to its published specifications in
effect at the time of delivery and for ninety (90) days after delivery. However, Customer agrees and
acknowledges that the software may have inherent
defects because of its complexity. Company’s sole
obligation with respect to software, and Customer’s
sole remedy, shall be to make available published
modifications, designed to correct inherent defects,
which become available during the warranty period. If
Repair Services are included in this Agreement,
Company warrants that its workmanship and material
for repairs made pursuant to this Agreement will be
free from defects for a period of ninety (90) days from the date of furnishing.

EXCEPT AS EXPRESSLY SET FORTH HEREIN,

COMPANY DISCLAIMS ALL WARRANTIES,

EXPRESS OR IMPLIED, INCLUDING BUT NOT

LIMITED TO ANY IMPLIED WARRANTIES OF

MERCHANTABILITY OR FITNESS FOR A

PARTICULAR PURPOSE WITH RESPECT TO THE

SERVICES PERFORMED OR THE PRODUCTS,

SYSTEMS OR EQUIPMENT, IF ANY, SUPPORTED
HEREUNDER.

Warranty service will be performed during Company’s
normal working hours. If Customer requests warranty
service at other than normal working hours, service
will be performed at Company’s then current rates for
after ours services. All repairs or adjustments that are or may become necessary shall be performed by and
authorized representative of Company. Any repairs,
adjustments or interconnections performed by
Customer or any third party shall void all warranties.

Company makes no and specifically disclaims all
representations or warranties that the services,
products, software or third party product or software
will be secure from cyber threats, hacking or other
similar malicious activity, or will detect the presence of, or eliminate, treat, or mitigate the spread
transmission, or outbreak of any pathogen, disease,
virus or other contagion, including but not limited to
COVID-19.

25.Indemnity. Customer agrees to indemnify, hold
harmless and defend Company against any and all
losses, damages, costs, including expert fees and
costs, and expenses including reasonable defense
costs, arising from any and all third party claims for
personal injury, death, property damage or economic
loss, including specifically any damages resulting
from the exposure of workers to Hazardous
Conditions whether or not Customer pre-notifies
Company of the existence of said hazardous
conditions, arising in any way from any act or
omission of Customer or Company relating in any way
to this Agreement, including but not limited to the
Services under this Agreement, whether such claims
are based upon contract, warranty, tort (including but
not limited to active or passive negligence), strict
liability or otherwise. Company reserves the right to
select counsel to represent it in any such action.

26. Insurance . Customer shall name Company, its
officers, employees, agents, subcontractors,
suppliers, and representatives as additional insureds
on Customer’s general liability and auto liability
policies.

27.Termination. Any termination under the terms of
this Agreement shall be made in writing. In the event
Customer terminates this Agreement prior to
completion for any reason not arising solely from
Company’s performance or failure to perform,
Customer understands and agrees that Company will
incur costs of administration and preparation that are
difficult to estimate or determine. Accordingly, should Customer terminate this Agreement as described
above, Customer agrees to pay all charges incurred
for products and equipment installed and services
performed, and in addition pay an amount equal to
twenty (20%) percent of the price of products and
equipment not yet delivered and Services not yet
performed, return all products and equipment
delivered and pay a restocking fee of twenty (20%)
percent the price of products or equipment
returned. Company may terminate this Agreement
immediately at its sole discretion upon the occurrence
of any Event of Default as hereinafter defined.

Company may also terminate this Agreement at its
sole discretion upon notice to Customer if Company’s
performance of its obligations under this Agreement
becomes impracticable due to obsolescence of
equipment at Customer’s premises or unavailability of
parts.

28. Default. An Event of Default shall be (a) failure of Customer to pay any amount when due and payable,
(b) abuse of the System or the Equipment, (c)
Project: Monterey Park City Hall - FACP Replacement- CPQ-130817 Johnson Controls Reference:
650130817
Proposal #: 1
Date: 01/06/2022
Page: 7 of 9

Fire, Security, Communications, Sales & Service
Offices & Representativ
es in Principal Cities throughout North America
© 2020 Johnson Controls Fire Protection LP. ALL RIGHTS RESERVED dissolution, termination, discontinuance, insolvency or business
failure of Customer. Upon the occurrence of
an Event of Default, Company may pursue one or
more of the following remedies: (i) discontinue
furnishing Services and delivering Equipment, (ii)) by
written notice to Customer declare the balance of
unpaid amounts due and to become due under this
Agreement to be immediately due and payable; (iii)
receive immediate possession of any Equipment for
which Customer has not paid; (iv) proceed at law or
equity to enforce performance by Customer or
recover damages for breach of this Agreement, and
(v) recover all costs and expenses, including without
limitation reasonable attorneys’ fees, in connection
with enforcing or attempting to enforce this
Agreement.

29. Exclusions. Unless expressly included in the
Scope of Work, this Agreement expressly excludes,
without limitation, testing inspection and repair of duct detectors, beam detectors, and UV/IR equipment;
provision of fire watches; clearing of ice blockage;
draining of improperly pitched piping; replacement of
batteries; recharging of chemical suppression
systems; reloading of, upgrading, and maintaining
computer software; system upgrades and the
replacement of obsolete systems, equipment,
components or parts; making repairs or replacements
necessitated by reason of negligence or misuse of
components or equipment or changes to Customer’s
premises, vandalism, corrosion (including but not
limited to micro-bacterially induced corrosion (“MIC”)), power failure, current fluctuation, failure due to non- Company installation, lightning, electrical storm, or
other severe weather, water, accident, fire, acts of
God or any other cause external to the Covered
System(s). Repair Services provided pursuant to this
Agreement do not cover and specifically excludes
system upgrades and the replacement of obsolete
systems, equipment, components or parts. All such
services may be provided by Company at Company’s
sole discretion at an additional charge. If Emergency
Services are expressly included in the scope of work
section, the Agreement price does not include travel
expenses.

30. No Option to Solicit. Customer shall not, directly
or indirectly, on its own behalf or on behalf of any
other person, business, corporation or entity, solicit or employ any Company employee, or induce any
Company employee to leave his or her employment,
for a period of two years after termination of this
Agreement.

31. Force Majeure; Delays. Company shall not be
liable, nor in breach or default of its obligations under this Agreement, for delays, interruption, failure to
render services, or any other failure by Company to
perform an obligation under this Agreement, where
such delay, interruption or failure is caused, in whole or in part, directly or indirectly, by a Force Majeure
Event. A “Force Majeure Event” is a condition or
event that is beyond the reasonable control of
Company, whether foreseeable or unforeseeable,
including, without limitation, acts of God, severe
weather (including but not limited to hurricanes,
tornados, severe snowstorms or severe rainstorms),
wildfires, floods, earthquakes, seismic disturbances,
or other natural disasters, acts or omissions of any
governmental authority (including change of any
applicable law or regulation), epidemics, pandemics,
disease, viruses, quarantines, or other public health
risks and/or responses thereto, condemnation,
strikes, lock-outs, labor disputes, an increase of 5% or more in tariffs or other excise taxes for materials to be used on the project, fires, explosions or other
casualties, thefts, vandalism, civil disturbances,
insurrection, mob violence, riots, war or other armed
conflict (or the serious threat of same), acts of
terrorism, electrical power outages, interruptions or
degradations in telecommunications, computer,
network, or electronic communications systems, data
breach, cyber-attacks, ransomware, unavailability or
shortage of parts, materials, supplies, or
transportation, or any other cause or casualty beyond
the reasonable control of Company. If Company’s
performance of the work is delayed, impacted, or
prevented by a Force Majeure Event or its continued
effects, Company shall be excused from performance
under the Agreement. Without limiting the generality
of the foregoing, if Company is delayed in achieving
one or more of the scheduled milestones set forth in
the Agreement due to a Force Majeure Event,
Company will be entitled to extend the relevant
completion date by the amount of time that Company
was delayed as a result of the Force Majeure Event,
plus such additional time as may be reasonably
necessary to overcome the effect of the delay. To the
extent that the Force Majeure Event directly or
indirectly increases Company’s cost to perform the
services, Customer is obligated to reimburse
Company for such increased costs, including, without
limitation, costs incurred by Company for additional
labor, inventory storage, expedited shipping fees,
trailer
and equipment rental fees, subcontractor fees
or other costs and expenses incurred by Company in
connection with the Force Majeure Event.

32. One-Year Claims Limitation; Choice of
Law. For Customers located in the United States, the
laws of Wisconsin shall govern the validity,
enforceability, and interpretation of this
Agreement, without regard to conflicts of law. For
customers located in Canada, this agreement shall be
governed by and be construed in accordance with the
laws of Ontario. The parties agree that any disputes
arising under this Agreement shall be determined
exclusively by the Ontario courts and that no action or legal proceedings of any nature shall be filed or
commenced in any other court pertaining to any
dispute arising out of or in relation to this Agreement.

The parties also hereby waive any objection to the
exclusive jurisdiction of the Ontario courts, including any objection based on forum non conveniens. No
claim or cause of action, whether known or unknown,
shall be brought against Company more than one
year after the claim first arose. Except as provided for herein, Company’s claims must also be brought within
one year. Claims not subject to the one-year limitation include claims for unpaid: (a) contract amounts, (b)
change order amounts (approved or requested) and
(c) delays and/or work inefficiencies.

33.Assignment. Customer may not assign this
Agreement without Company’s prior written consent.

Company may assign this Agreement to an affiliate
without obtaining Customer’s consent.

34.Entire Agreement . The parties intend this
Agreement, together with any attachments or Riders
(collectively the “Agreement) to be the final, complete and exclusive expression of their Agreement and the
terms and conditions thereof. This Agreement
supersedes all prior representations, understandings
or agreements between the parties, written or oral,
and shall constitute the sole terms and conditions of
sale for all equipment and services. No waiver,
change, or modification of any terms or conditions of
this Agreement shall be binding on Company unless
made in writing and signed by an Authorized
Representative of Company.

35.Severability. If any provision of this Agreement is
held by any court or other competent authority to be
void or unenforceable in whole or in part, this
Agreement will continue to be valid as to the other
provisions and the remainder of the affected
provision.

36.Legal Fees. Company shall be entitled to recover
from the customer all reasonable legal fees incurred
in connection with Company enforcing the terms and
conditions of this Agreement.

37.Software and Digital Services. Use,
implementation, and deployment of the software and
hosted software products (“Software”) offered under
these terms shall be subject to, and governed by,
Company’s standard terms for such Software and
Software related professional services in effect from
time to time at https://www.johnsoncontrols.com/
techterms (collectively, the “Software Terms”).

Applicable Software Terms are incorporated herein by
this reference. Other than the right to use the
Software as set forth in the Software Terms, Company
and its licensors reserve all right, title, and interest (including all intellectual property rights) in and to the Software and improvements to the Software. The
Software that is licensed hereunder is licensed
subject to the Software Terms and not sold. If there is a conflict between the other terms herein and the
Software Terms, the Software Terms shall take
precedence and govern with respect to rights and
responsibilities relating to the Software, its
implementation and deployment and any
improvements thereto. Notwithstanding any other
provisions of this Agreement and unless otherwise
agreed to by the parties in writing, the following terms apply to Software that is provided to Customer on a
subscription basis (i.e., a time limited license or use right), (each a “Software Subscription”): Each
Software Subscription provided hereunder will
commence on the date the initial credentials for the
Software are made available (the “Subscription Start
Date”) and will continue in effect until the expiration of the subscription term noted herein. At the expiration
of the Software Subscription, such Software
Subscription will automatically renew for consecutive
one (1) year terms (each a “Renewal Subscription
Term”), unless either party provides the other party
with a notice of non-renewal at least ninety (90) days
prior to the expiration of the then-current term. To the extent permitted by applicable law, Software
Subscriptions purchases are non-cancelable and the
sums paid nonrefundable. Fees for Software
Subscriptions shall be paid annually in advance,
invoiced on the Subscription Start Date and each
subsequent anniversary thereof. Unless otherwise
agreed by the parties in writing, the subscription fee
for each Renewal Subscription Term will be priced at
JCI’
s then-applicable list price for that Software
offering. Any use of Software that exceeds the scope,
metrics or volume set forth in this Agreement will be
subject to additional fees based on the date such
excess use began.

38. Electronic Media. Electronic Media. Either party
may scan, fax, email, image, or otherwise convert this
Agreement into an electronic format of any type or
form, now known or developed in the future. Any
unaltered or unadulterated copy of this Agreement
produced from such an electronic format will be
legally binding upon the parties and equivalent to the
original for all purposes, including litigation. JCI may rely upon Customer’s assent to the terms and
conditions of this Agreement, if Customer has signed
this Agreement or demonstrated its intent to be bound
whether by electronic signature or otherwise.

39. Lien Legislation. Notwithstanding anything to the
contrary contained herein, the terms of this
Agreement shall be subject to the lien legislation
applicable to the location where the work will be
performed, and, in the event of conflict, the applicable lien legislation shall prevail.

40. Privacy. Company as Processor: Where
Company factually acts as Processor of Personal
Data on behalf of Customer (as such terms are
defined in the DPA) the terms
at www.johnsoncontrols.com/dpa (“DPA”) shall
apply. Company as Controller: Company will collect,
process and transfer certain personal data of
Customer and its personnel related to the business
relationship between it and Customer (for example
names, email addresses, telephone numbers) as
controller and in accordance with Company’s Privacy
Notice at https://www.johnsoncontrols.com/privacy.

Customer
acknowledges Company’s Privacy Notice
and strictly to the extent consent is mandatorily
required under applicable law, Customer consents to
such collection, processing and transfer. To the extent consent to such collection, processing and transfer by
Company is mandatorily required from Customer’s
personnel under applicable law, Customer warrants
and represents that it has obtained such consent.

41. License Information (Security System
Customers): AL Alabama Electronic Security Board of
Licensure 7956 Vaughn Road, Pmb 392,
Montgomery, Alabama 36116 (334) 264-9388: AR
Regulated by: Arkansas Board of Private
Investigators And Private Security Agencies, #1 State
Police Plaza Drive, Little Rock 72209 (501)618-8600:

CA Alarm company operators are licensed and
regulated by the Bureau of Security and Investigative
Services, Department of Consumer Affairs,
Sacramento, CA, 95814. Upon completion of the
installation of the alarm system, the alarm company
shall thoroughly instruct the purchaser in the proper
use of the alarm system. Failure by the licensee,
without legal excuse, to substantially commence work
within 20 days from the approximate date specified in
the agreement when the work will begin is a violation
of the Alarm Company Act: NY Licensed by N.Y.S.

Department of the State: TX Texas Commission on
Private Security, 5805 N. Lamar Blvd., Austin,
78752-4422, 512-424-7710.License numbers
available at www.johnsoncontrols.com or contact your
local Johnson Controls office.

Project: Monterey Park City Hall - FACP Replacement- CPQ-130817 Johnson Controls Reference:
650130817
Proposal #: 1
Date: 01/06/2022
Page: 8 of 9

Fire, Security, Communications, Sales & Service
Offices & Representativ
es in Principal Cities throughout North America
© 2020 Johnson Controls Fire Protection LP. ALL RIGHTS RESERVED

IMPOR TANT NOTICE TO CUSTOMER
This Agreement is contingent on credit approval, which may be checked at JCI’s discretion and requires final approval of a JCI authorized manager before any equipment/ services may be provided. Should credit and/or approval be declined, this Agreement will be terminated and JCI’s only obligation to customer will be to notify Customer of such termination and refund any amounts paid in advance. In accepting this Proposal, Customer agrees to the terms and conditions contained herein and any attachments or riders attached hereto that contain additional terms and conditions. It is understood that these terms and conditions shall prevail over any variation in terms and conditions on any purchase order or other document that the Customer may issue. Any changes in the system requested by the Customer after the execution of this Agreement shall be paid for by Customer and such changes shall be authorized in writing. ATTENTION IS DIRECTED TO THE LIMITATION OF LIABILITY, WARRANTY, INDEMNITY AND OTHER CONDITIONS ON THE PRECEDING PAGES. This proposal shall be void if not accepted in writing within 30 days from the date of the Proposal.

For Customers located in Canada, this Fire Domain Sale and Installation Agreement has been drawn up and executed in English at the request of and with the full concurrence of Customer. Ce contrat a été rédigé en anglais à la demande et avec l’assentiment du client.

Offered By:

Johnson Controls Fire Protection LP
12728 Shoemaker A
ve
Santa Fe Springs , CA 90670
Telephone: +1 562 405 3939
Representative: \s2__________________________________
Email: [email protected]
Accepted By: (Customer)
Company: _____________________________________
Address: ____________________________________
Signature:
\s1___________________________________
T
itle: ____________________________________
P.O.#: __________________ Date: _______________
Project: Monterey Park City Hall - FACP Replacement- CPQ-130817 Johnson Controls Reference:
650130817
Proposal #: 1
Date: 01/06/2022
Page: 9 of 9

Fire, Security, Communications, Sales & Service
Offices & Representativ
es in Principal Cities throughout North America
© 2020 Johnson Controls Fire Protection LP. ALL RIGHTS RESERVED City Council Staff Report
DATE: January 19, 2022
AGENDA ITEM NO: Consent Calendar No. 3F
TO: The Honorable Mayor and City Council
FROM: Frank A. Lopez, Director of Public Works / City Engineer SUBJECT: Professional Service Agreements for On-Call General Engineering Services
RECOMMENDATION:

It is recommended that the City Council consider:

1. Authorizing the City Manager, or designee, to execute 3-year professional service agreements, with KOA Corporation, Transtech Engineers, RKA Consulting, and Valued Engineering to provide On-Call Engineering Services, in a form approved by the City Attorney; and

2. Taking such additional, related, action that may be desirable.

EXECUTIVE SUMMARY:

Staff recommends executing on-call professional services agreements with KOA Corporation, Transtech Engineers, RKA Consulting and Valued Engineering. Three out of the four firms have previously been under contract with the City to assist staff in delivering the City’s Capital Improvement Program (CIP) projects on an as-needed basis, as well as the occasional temporary staffing needs. These firms have provided exceptional services which include civil, structural, geotechnical, traffic engineering, land surveying, building and landscape architecture services. The fourth firm is a highly qualified and experienced Engineering firm deemed suitable to meet the City’s needs.

Individual task orders assigned to each firm will not exceed $60,000, however multiple task orders may be issued.

BACKGROUND:

One of the primary responsibilities of the Engineering Division is to complete all projects in the City’s annual Capital Improvement Program (CIP). The list of budgeted CIP projects may include street, sewer, water, park and building improvements and/or equipment upgrades requested by various city departments. The Engineering Division typically takes the lead in coordinating with each department, preparing bid specifications, administering the contracts, and managing construction.

During the course of any given year, there are often many unplanned, high-priority and sometimes emergency projects that are added to the CIP. The increased demand on the engineering staff can make it very challenging to keep up with the day-to-day responsibilities that include reviewing all private residential and commercial development projects, issuing public works permits, providing inspections, responding to all traffic

Staff Report January 19, 2022 Page 2 related issues, attending to the public counter as well as requests from other agencies and utility companies and providing engineering support to all other City departments. As such, having the ability to contract with pre-approved engineering firms on an as needed basis would help relieve staff and better serve the public. Services to be provided by the consultant firms would be on an as-needed basis and generally include preparation of engineered design drawings, construction specifications, cost estimates, construction management, project management, traffic engineering support, plan checking and any related municipal engineering support. Over the years, the City has utilized KOA Corporation, Transtech Engineers, and RKA Consulting to help complete the City’s CIP projects and provide other engineering support services. Recently, staff has worked successfully with consultants to prepare construction drawings, bid specifications and provide construction management including, but not limited to, the City’s $5M Water System Improvements in the Northeast Area and North Atlantic Traffic Corridor, the Highway Safety Improvement Program (HSIP) and Various Street Resurfacing Projects 2020-2022. These firms have provided exceptional services which include civil, structural, geotechnical, traffic engineering, land surveying, building and landscape architecture. Due to their excellent performance and reliable personnel, staff recommends entering into new 3-year professional service agreements with these firms. Additionally, staff recommends entering into a 3-year professional service agreement with Valued Engineering for similar engineering services. Valued Engineering is based in Upland, CA and provides a comprehensive range of professional engineering services to public agencies. It has assisted nearby agencies including the cities of Montclair, Chino, Ontario and Glendora, and is highly regarded in its field. Valued Engineering’s proposal includes assisting the City of Monterey Park with on-call Civil design services, plan check services, and survey and mapping services. Each of the proposed firms is well rounded and highly qualified to meet the City’s needs. Entering into professional service agreements with the four firms would be beneficial as it would give staff the flexibility to utilize firms with different specialties or based on availability at certain times due to workloads. Furthermore, continuing on-call Engineering services with firms that the City has previously contracted with is beneficial for the smooth continuity of services as they have experience working with City staff, have working knowledge of Monterey Park’s projects, processes, and community needs. FISCAL IMPACT: The firms will be used on an as-needed basis and paid out of the specific Capital Improvement Project budget as they are assigned. In addition, any plan check services provided by these firms would be passed on to the private developers. Attached are the rate schedules for each of the recommended firms.

Staff Report
January 19, 2022

Page 3 ends

Respectfully submitted by: Reviewed by:

Frank A. Lopez
Director of Public Works, City
Engineer
Martha Garcia
Director of Management
Services

Approved by:

Reviewed by:

Ron Bow
City Manager
Karl H. Berger
City Attorney

ATTACHMENT(S):

1. Attachment 1 – Rate Fee Schedules

Staff Report
January 19, 2022
ATTACHMENT 1
Rate Fee Schedules
Professional Services 2022 Rates 2023 Rates 2024 Rates 2025 Rates President/CEO 325.24$ 341.50 $ 358.57 $ 376.50 $ Principal II 306.77$ 322.11 $ 338.21 $ 355.13 $ Principal I 260.47$ 273.49 $ 287.16 $ 301.52 $ Senior Engineer II 248.89$ 261.33 $ 274.40 $ 288.12 $ Senior Engineer I 208.37$ 218.79 $ 229.73 $ 241.22 $ Senior Associate Engineer II 162.07$ 170.17 $ 178.68 $ 187.61 $ Senior Associate Engineer I 144.70$ 151.94 $ 159.54 $ 167.51 $ Associate Engineer II 133.13$ 139.78 $ 146.77 $ 154.11 $ Associate Engineer I 115.76$ 121.55 $ 127.63 $ 134.01 $ Senior Designer II 150.49$ 158.02 $ 165.92 $ 174.21 $ Senior Designer I 133.13$ 139.78 $ 146.77 $ 154.11 $ Associate Designer II 115.76$ 121.55 $ 127.63 $ 134.01 $ Associate Designer I 86.82$ 91.16 $ 95.72 $ 100.51 $ Senior Planner II 248.89$ 261.33 $ 274.40 $ 288.12 $ Senior Planner I 208.37$ 218.79 $ 229.73 $ 241.22 $ Senior Associate Planner II 162.07$ 170.17 $ 178.68 $ 187.61 $ Senior Associate Planner I 144.70$ 151.94 $ 159.54 $ 167.51 $ Associate Planner II 133.13$ 139.78 $ 146.77 $ 154.11 $ Associate Planner I 115.76$ 121.55 $ 127.63 $ 134.01 $ Senior Construction Manager 198.45$ 208.37 $ 218.79 $ 229.73 $ Construction Manager 165.38$ 173.64 $ 182.33 $ 191.44 $ Senior Construction Inspector 152.15$ 159.75 $ 167.74 $ 176.13 $ Construction Inspector 146.63$ 153.96 $ 161.66 $ 169.75 $ Administrative Assistant II 98.40$ 103.32 $ 108.48 $ 113.91 $ Administrative Assistant I 76.03$ 79.83 $ 83.82 $ 88.01 $ Intern 63.67$ 66.85 $ 70.20 $ 73.71 $ General Provisions:
* Project reimbursable expenses are billed at cost.
* Project expenses include: Non-commuter automobile mileage ($0.575 per mile) or current IRS rate, postage and special courier expenses, travel expenses, reproduction, subcontractor services and other direct project expenses as requested by the client. * Telephone, equipment, and fax are included in the above hourly costs. * Direct expenses including blacklining, commercial CAD plotting, sub-consultant expense, issuance of specially endorsed insurance certificate, and direct costs are billed at cost plus 5% unless stated otherwise in the proposal.

KOA Corporation
2022 - 2025 Hourly Billing Rates
Professional Engineering Services
City of Monterey Park, California

HOURLY RATE SCHEDULE

HOURLY RATE SCHEDULE

RKA proposes to provide any requested professional engineering support services on a “time and materials” basis per the Hourly Rate Schedule shown below.

Project Principal $ 170.00

Project Manager $ 140.00

Assistant Project Manager $ 130.00

Project Engineer/Designer $ 115.00

Plan Check Engineer $ 140.00

Engineering Technician $ 75.00

Public Works Inspector $ 85.00

Public Works Inspector (Prevailing Wage) $ 105.00

Administrative/Clerical $ 60.00

 All charges for subcontracted services will be in the same amounts as actually invoiced to and paid by RKA Consulting Group, plus a 15% markup.

 All charges for reimbursable expenses, such as reproductions, will be billed at direct cost, plus a 15% markup.

 RKA recalibrates its billing rates for professional time each calendar year and reserves the right to raise the billing rate for one or more professional categories by no more than 3% once in twelve calendar months.

5. FEE SCHEDULE 5.1
Proposal

ON-CALL GENERAL ENGINEERING SERVICES
T R A N S T E C H E N G I N E E R S , I N C .

S C H E D U L E O F H O U R L Y R A T E S
E f f e c t i v e t h r o u g h J u n e 3 0 , 2 0 2 2

E N G I N E E R I N G C O N S T R U C T I O N

M A N A G E M E N T

B U I L D I N G & S A F E T Y
Field Technician $80 Labor Compliance Analyst $135 Permit Technician $85 Engineering Technician $95 Funds Coordinator $140 Plan Check Technician $90 Assistant CAD Drafter $115 Utility Coordinator $150 Building Inspector $110 Senior CAD Drafter $135 Office Engineer $135 Senior Inspector $125 Associate Designer $140 Construction Inspector $135 Plans Examiner/Checker $135 Senior Designer $150 Senior Construction Inspector $145 Plan Check Engineer $150 Design Project Manager $185 Construction Manager $185 Deputy Building Official $150 Assistant Engineer $120 Resident Engineer $185 Building Official $160 Staff/Associate Civil Engineer $145 P U B L I C W O R K S I N S P E C T I O N P L A N N I N G Senior Civil Engineer $195 Public Works Inspector $135 Community Development Technician $80 Traffic Analyst Technician $110 Senior Public Works Inspector $145 Planning Technician $85 Associate Traffic Analyst $130 Supervising PW Inspector $150 Assistant Planner $120 Senior Traffic Analyst $150 S U R V E Y A N D M A P P I N G Associate Planner $135 Professional Transportation Planner $165 Survey Analyst $135 Senior Planner $155 Traffic Engineer Technician $95 Senior Survey Analyst $145 Planning Manager $165 Associate Traffic Engineer $145 2-Man Survey Crew $310 A D M I N I S T R A T I V E S T A F F Traffic Engineer $165 Survey & Mapping Specialist $175 Administrative/Clerical $65 Senior Traffic Engineer $185 Licensed Land Surveyor $190 Project Accountant $80 Project Manager $170 F U N D I N G & G R A N T W R I T I N G Senior Project Manager $185 Funds Analyst $130
Deputy City Engineer $160 Senior Funds Analyst $140
City Engineer $175 Graphic & Rendering Designer $125
Principal Engineer $195 Grant Writer $155
Funds & Grant Project Manager $175

The rates are increased each year July 1st automatically by the percentage change Los Angeles-Long Beach-Anaheim California Consumer Price Index-All Urban Consumers (“CPI-U”) for the preceding twelve-month period as calculated for February by the U.S. Department of Labor Bureau of Labor Statistics and published by the United States Bureau of Labor Statistic On-Call Professional Services

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Hourly Rates
The following are the hourly rates for each classification, effective October 1, 2021 Staff Member Rates per hour
Principle Licensed Engineer/Surveyor, CEO $170
Jeff Meiter
Project Manager / Senior Civil Engineer $140
Jorge Alvarado
Lead Civil Engineer $130
David Hwan
Design Engineer $110
Joshua Hernandez
CAD Drafter / Designer $100
Chuefeng Moua
Junior Engineer $85
Kantkaw Kyaw
Senior Administrative Assistant $65
Belinda Meiter
Administrative Assistant $50
Kim Gonzales
Two-man survey party $225
Two-man survey party (prevailing wage) $265
Aerial photogrammetric survey Project basis
*A calendar increase of 3% will be applied to the hourly rates, unless previously negotiated.

Monterey Park GHAD Board Staff Report
DATE: January 19, 2022
AGENDA ITEM NO: Public Hearing No. 4A
TO: The Honorable Chairperson and Board of Directors
FROM: Jon Turner, Acting City Planner
SUBJECT: Continuation of the Monterey Park Geologic Hazard Abatement District (“MPK GHAD”)
RECOMMENDATION:

It is recommended that the Board of Directors consider:

1. Continuing the continued public hearing to March 2, 2022; and

2. Taking such additional, related action that may be desirable.

EXECUTIVE SUMMARY
On November 3, 2021, the City Council continued the public hearing item determining whether the assessment identified in the Engineer’s Report approved by City Council at the September 15, 2021 meeting may be imposed upon the GHAD’s jurisdiction to January 19, 2022. Staff is requesting the continuation of this item to the March 2, 2022 meeting.

Respectfully prepared and submitted by:

Jon Turner, PE
Acting City Planner
Approved by: Reviewed by:

Ron Bow
Executive Director
Karl H. Berger
General Counsel

ATTACHMENTS

1. November 3, 2021 - Staff Report
Joaquin Vazquez, Deputy General Counsel for
Staff Report
January 19, 2022

ATTACHMENT 1
November 3, 2021 – Staff Report
Monterey Park GHAD Board Staff Report
DATE: November 3, 2021
AGENDA ITEM NO:

TO: The Honorable Chairperson and Board of Directors
FROM: Jon Turner, Acting City Planner
SUBJECT: Monterey Park Geologic Hazard Abatement District (“MPK GHAD”) RECOMMENDATION:

It is recommended that the Board of Directors consider:

1. Opening the public hearing;

2. Receiving documentary and testimonial evidence;

3. Closing the public hearing;

4. Adopting a Resolution levying assessments within the District (Attachment 1); and

5. Taking such additional, related action that may be desirable.

CEQA (California Environmental Quality Act):

The Resolution is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “ CEQA” ) and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.) because it establishes rules and procedures to implement government funding mechanisms; does not involve any commitment to a specific project which could result in a potentially significant physical impact on the environment; and constitutes an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. Accordingly, this Resolution does not constitute a “ project” that requires environmental review (see specifically 14 CCR § 15378(b)(4-5)).

EXECUTIVE SUMMARY
Following formation of the GHAD on September 15, 2021, the GHAD Board of Directors adopted a Resolution setting the date for a public hearing to determine whether the assessment identified in the Engineer’s Report may be imposed upon the GHAD’s jurisdiction. November 3rd is the public hearing date for that determination.

BACKGROUND
On September 15, 2021 , the Board of Directors held a public hearing regarding the GHAD installation of the maintenance activities and reimbursement and set a public hearing for November 3, 2021 imposing the assessments as outlined in the Engineer’s Report. A Proposition 218 ballot was mailed out to the pr operty owner outlining the Consent Calendar
Agenda Item 4A
Staff Report

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November 3, 2021
proposed assessments. As set forth in the Engineer’s report, the assessment is $275,000 per year.

Notice regarding the public hearing was sent to all property owners affected by the proposed assessment. If, at the close of the public hearing, there is a majority of property owners that vote against the assessment, then the assessment will not become effective.

Here, one property owner is affected by the proposed assessment.

FISCAL IMPACT
There is no fiscal impact for the Board of Directors. The developer of the Good Views development is required to reimburse the Board of Directors for all costs associated with forming the MPK GHAD.

Respectfully prepared and submitted by:

Jon Turner, PE
Acting City Planner
Approved by: Reviewed by:

Ron Bow
Executive Director
Karl H. Berger
General Counsel

ATTACHMENTS

1. Resolution levying the assessments of the MPK GHAD

Staff Report
November 3, 2021
ATTACHMENT 1
Draft Resolution – GHAD Assessments

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MPK GHAD RESOLUTION NO. ___

A RESOLUTION ADOPTED BY THE BOARD OF DIRECTORS FOR THE

MONTEREY PARK GEOLOGIC HAZARD ABATEMENT DISTRICT LEVYING ASSESSMENTS WITHIN THE DISTRICT.

The Board of Directors of the Monterey Park Geologic Hazard Abatement District (“MPK GHAD”) does resolve as follows:

SECTION 1: The Board of Directors finds as follows:

A. The Monterey Park Geologic Hazard Abatement District (“ MPK GHAD ”) was established for the purpose of preventing, mitigating, abating and controlling geologic hazards, pursuant to Public Resources Code §§ 26500, et seq.

B. The MPK GHAD Board of Directors was presented with an Engineer’s Report for the District prepared by a registered professional engineer certified in the State of California in compliance with Public Resources Code § 26651(a) and § 4(b) of Article XIIID of the California Constitution. The Engineer’s Report is attached to Resolution No. 12267, adopted Wednesday, September 15, 2021, and incorporated by reference.

C. The Engineer’s Report describes the administration, monitoring and maintenance of improvements related to geologic hazards management within the MPK GHAD and explains the estimated budget, the total assessment that will be chargeable to the entire MPK GHAD , the assessment to be levied against each parcel of property within the boundaries of the MPK GHAD, and a description of the method used in formulating the assessment.

D. The MPK GHAD Board of Directors approved the Engineer's Report pursuant to MPK GHAD Resolution No. 12267 on Wednesday, September 15, 2021, and found that a reliable source of funding is required to pay for the cost and expenses of maintaining and operating MPK GHAD improvements acquired or constructed for the MPK GHAD pursuant to Public Resources Code §§ 26500, et seq.

E. The special benefit derived from the MPK GHAD by each parcel is proportionate to the entire costs of the MPK GHAD, and the amount of the assessment is proportional to, and no greater than, the benefits conferred on each parcel. The assessment does not exceed the reasonable c ost of the proportional special benefit conferred on each parcel.

F. Public Resources Code §§ 26650, et seq. authorize, after a noticed public hearing, the levy and collection of an assessment upon specially benefited

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property within the MPK GHAD to pay for the maintenance and operation of MPK GHAD improvements. Article XIIID of the California Constitution imposes additional requirements for the levy and collection of an assessment.

G. On Wednesday, November 3 , 2021 , the Board held a public hearing to consider the results of a protest proceeding conducted in accordance with California Constitution Article XIIID, § 4.

H. The Board further finds that levying assessments on the lots and parcels within MPK GHAD is exempt from environmental review under Public Resources Code §§ 26601 and 21080(b)(4), as the California Environmental Quality Act does not apply to actions necessary to prevent or mitigate an emergency and all activities in furtherance of the MPK GHAD are deemed necessary to prevent or mitigate an emergency.

I. It is in the public interest for the MPK GHAD to levy the assessments described in this Resolution.

SECTION 2: The total number of protest ballots mailed or provided to property owners eligible to file a protest ballot was one. The number of valid protest ballots received by the MPK GHAD at the end of the public hearing was _______________. Because the valid number of protests received by the MPK GHAD did not represent a majority protest, the Board is authorized to levy the assessment.

SECTION 3: Assessments. The Board of Directors orders the levy and collection of the annual assessment against the lots and parcels within MPK GHAD as set forth in the Engineer's Report.

SECTION 4: Recording. The Board of Directors directs the Clerk to file, in the office of the County Recorder for the County of Los Angeles, a copy of the assessment diagram, and comply with all other requirements set forth in Streets and Highways Code § 3114.

SECTION 5: Collection. The assessments set forth in the Engineer's Report will be collected by the County Tax Collector in accordance with the procedures set forth in Public Resources Code § 26654.

SECTION 6: Separate Fund. The revenues received by the MPK GHAD as a result of the assessments to be levied pursuant to this resolution will be placed in a fund identified as the "Monterey Park Geologic Hazard Abatement District Fund." Payments from this fund can only be used in accordance with applicable law.

SECTION 7: Environmental Assessment. The Resolution is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “ CEQA” ) and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.) because it establishes rules and procedures to implement government funding

Page 3 of 3 ends

mechanisms; does not involve any commitment to a specific project which could result in a potentially significant physical impact on the environment; and constitutes an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. Accordingly, this Resolution does not constitute a “ project” that requires environmental review (see specifically 14 CCR § 15378(b)(4-5)).

SECTION 8: Electronic Signatures. Pursuant to Monterey Park Municipal Code §

3.95.020, this Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.

SECTION 9: The Clerk is directed to certify the adoption of this Resolution.

SECTION 10: This Resolution becomes effective immediately upon adoption.

PASSED, APPROVED AND ADOPTED this __ day of ____ 2021.

Yvonne Yiu, Chairperson

ATTEST:

Vincent D. Chang, Clerk

APPROVED AS TO FORM:

Karl H. Berger, General Counsel

City Council Staff Report
DATE: January 19, 2022
AGENDA ITEM NO: Public Hearing No. 4B
TO: The Honorable Mayor and City Council
FROM: Steve Sizemore, Interim Director of Community Development SUBJECT: Consideration of Resolutions of the City Council of the City of Monterey Park adopting an Addendum to the Final Environmental Impact Report (Focused General Plan Update Final EIR, State Clearinghouse Number 2001011074, dated June 2019) and approving General
Plan Amendments for the update of the Housing Element (GPA 21-01), Safety and Community Services Element (GPA 21-02) and adding a new Environmental Justice Element (GPA 21-03) of the Monterey Park General Plan
RECOMMENDATION:

It is recommended that the City Council consider:

1. Opening a public hearing and taking testimonial and documentary evidence;

2. After closing the public hearing and considering the evidence submitted during that public hearing:
a. Adopt Resolution No. _____ approving an Addendum to the Final Environmental Impact Report certified in 2019 for the Land Use Element to the General Plan (Focused General Plan Update Final EIR, State Clearinghouse Number 2001011074, dated June 2019);
b. Adopt Resolution No. _____ revising the Housing Element (GPA 21-01) to the Monterey Park General Plan. Resolution No. ____ would also delegate authority to the City Manager, or designee, to make technical changes and other, non-substantive, edits to the 2021-2029 Housing Element, in a form approved by the City Attorney, that may result from HCD's review for final certification of the Housing Element, without further City Council consideration or re-adoption of the 2021-2029 Housing Element; c. Adopt Resolution No. _____ revising the Safety and Community Services Element (GPA 21-02) to the Monterey Park General Plan;
d. Adopt Resolution No. _____ adding a new Environmental Justice Element (GPA 21-03) to the Monterey Park General Plan: and

3. Take such additional, related, action that may be desirable.

Staff Report

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January 19, 2022
CEQA (California Environmental Quality Act)
The City prepared a comprehensive update to the Housing Element, a revision of the existing Safety and Community Services Element, and drafted a new Environmental Justice Element to the City of Monterey Park General Plan (collectively, the “Project).

After considering the Project, the Interim City Planner determined that the Final Environmental Impact Report (State Clearinghouse No. 2001011074, dated June 2019) certified by the City Council in 2019 for the Land Use Element (the “FEIR”), is of continuing informational value under the California Environmental Quality Act (“CEQA”).

Consequently, an Addendum was drafted for City Council consideration in accordance with CEQA Guidelines § 15164 and is incorporated as Exhibit 1 to the draft Resolution. If adopted, the Resolution would approve the Addendum to the FEIR for purposes of analyzing the Project.

EXECUTIVE SUMMARY:

California law requires counties and cities to prepare and adopt a housing element as part of its General Plan. The Housing Element must provide goals, policies, quantified objectives, and scheduled programs to preserve, improve, and develop housing.

Additionally, the Housing Element must identify and analyze existing and projected housing needs for all economic segments of the community.

Separately, the Safety and Community Services Element is being updated to bring the General Plan into compliance with current California law.

The Government Code requires the City to add an Environmental Justice Element when the City Council concurrently updates two or more General Plan Elements. The Environmental Justice Element includes goals, policies, and objectives that aim to reduce health risks to any identified disadvantaged communities, promote civic engagement, and prioritize the needs of disadvantaged communities.

In accordance with these mandates, the City prepared the required documents, conducted public outreach and is now submitting to the City Council for its consideration.

BACKGROUND:

The Project consists of a comprehensive update to the Housing Element, a revision of the existing Safety and Community Services Element, and addition of a new Environmental Justice Element to the City of Monterey Park General Plan.

California law requires that housing elements be updated every eight years (Government Code Sections 65580 to 65589.8). The Project would update to the City of Monterey Park Housing Element as part of the sixth cycle of housing element updates. For Monterey Park, the planning period runs from October 15, 2021 through October 15, 2029. The 2021 Housing Element Update identifies residential dwelling unit sites adequate to accommodate a variety of housing types for all household income levels and needs of Staff Report

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January 19, 2022
special population groups, as defined under Government Code Section 65583. Among other things, the Project analyzes governmental constraints to housing maintenance, improvement, and development; addresses conservation and improvement of the condition of existing affordable housing stock; and outlines policies that promote housing opportunities for all persons.

The draft Housing Element establishes objectives, policies, and programs to assist the City in achieving state-mandated housing goals. Any rezoning or other land use changes would be considered in the future. Those, along with any proposed development, would require separate environmental evaluation as potential impacts are location-specific and cannot be assessed in a meaningful way until a project site and development proposal are identified.

The Project also includes revisions to the Safety and Community Services Element to be consistent with California law regulating evacuation routes and climate change vulnerability. Further, the Project includes a new Environmental Justice Element consistent with Government Code § 65302.

This Element includes goals, policies, and objectives that aim to reduce health risks to any identified disadvantaged communities; promote civic engagement; and prioritizes the needs of disadvantaged communities as defined by Government Code § 65302(h)(4)(A) and Health and Safety Code § 39711.

CEQA requires the City to conduct an environmental assessment of a project that is subject to CEQA and make an appropriate environmental determination. The City certified a Final Environmental Impact Report for the 2019 Land Use Element that was approved by the City Council and ratified by a vote of the residents of Monterey Park.

For this Project, the Interim City Planner determined that only minor or technical changes to the previously certified FEIR are necessary and that that preparation of an Addendum pursuant to CEQA Guidelines Section 15164 is appropriate.

HOUSING ELEMENT
The Housing Element is one of eight State-mandated elements in the General Plan.

California law requires that housing elements be updated every eight years (Government Code Sections 65580 to 65589.8). The Housing Element identifies the City’s housing conditions and needs, and establishes the goals, objectives, and policies that comprise the City’s housing strategy to accommodate projected housing needs.

This includes facilitating development of adequate housing for low-income households and for special-needs populations (e.g., unhoused people, seniors, single-parent households, large families, and persons with disabilities). The Housing Element is being updated as part of California’s 6th cycle Regional Housing Needs Assessment (RHNA) allocation. For Monterey Park, the planning period runs from October 15, 2021 through October 15, 2029.

Staff Report

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January 19, 2022
The 2021-2029 Housing Element would bring the Element into compliance with California law enacted since the City’s adoption of the 2013-2021 Housing Element and with the current Southern California Association of Governments’ (SCAG’s) Regional Housing Needs Assessment (RHNA).

The 2021-2029 Housing Element includes the following components, as required by California law:
 An assessment of the City’s population, household, and housing stock characteristics, existing and future housing needs by household types, and special needs populations.
 An analysis of resources and constraints related to housing production and preservation, including governmental regulations, infrastructure requirements and market conditions such as land, construction, and labor costs as well as restricted financing availability.
 Identification of the City’s quantified objectives for the 2021-2029 RHNA and inventory of sites determined to be suitable for housing.  Opportunities for Conservation in Residential Development: California law requires cities to identify opportunities for energy conservation in residential development.  Review of the 2013-2021 Housing Element to identify progress and evaluate the effectiveness of previous policies and programs.
 A Housing Plan to address the City’s identified housing needs, including housing goals, policies, and programs to facilitate the 2021 Housing Element Update (6th Cycle).

An important component of the Housing Element is the assignment of regional housing (RHNA) needs by the Southern California Association of Governments (SCAG). SCAG determined a final RHNA Allocation of 5,257 units for the City of Monterey Park.

Of these units, 2,146 must be affordable to lower-income households as shown in Table

1. TABLE 1
City of Monterey Park
6th Cycle Regional Housing Needs Allocation by Income
Income Category
RHNA Housing Units
Low Moderate Above
Moderate Total Units
2,146 848 2,263 5,257
Staff Report

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January 19, 2022
California law requires local jurisdictions to identify enough future housing sites inventory to not only cover the jurisdiction’s 6th Cycle RHNA but to also provide for an additional buffer capacity above the RHNA. The buffer capacity is required to accommodate realistic production rates of affordable housing units; plus having the buffer can allow for instances when a smaller residential project may have to be considered for a given property.

The “No Net Loss” Law (Government Code Section 65863) requires maintenance of sufficient sites to meet the RHNA for all income levels throughout the planning period.

With this required buffer, the number of housing units identified in the Housing Element is approximately 5,262.

Monterey Park anticipates meeting its RHNA requirements for the 6 th Cycle planning period. Changes to zoning is not currently required for Monterey Park to accommodate any shortfall of sites. The draft Housing Element does, however, commit the City to consider amending the Monterey Park Municipal Code, if necessary, to allow 30 dwelling units per acre in the R-3 zone. The Sites Inventory shows a surplus of 295 lower income units, approximately 15 percent above the RHNA allocation after subtracting RHNA credits.

The City’s lower-income household RHNA will be met through underutilized nonvacant sites. Moderate and above moderate income RHNA allocation will be met through vacant and underutilized nonvacant units. The results of the residential sites inventory are presented in Table 2.

Table 2
Monterey Park Adequacy of Residential Sites Inventory
Lower
Income
Moderate
Income
Above
Moderate
Income TOTAL
RHNA Allocation 2,146 848 2,263 5,257
Planned and
Approved Units 56 0 173 229
ADUs Anticipated 68 12 48 128
Remaining RHNA 2,022 836 2,042 4,900
Units on Vacant Sites 18 0 64 82
Units on Nonvacant
Sites 2,299 851 1,989 5,139
Total Units 2,317 851 2,053 5,221
Total Unit Surplus 295 15 11 321
Staff Report

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The Housing Element update also includes a Housing Plan to address the City’s identified housing needs, which establishes the City’s housing goals, policies, and implementing programs. Some of the implementing programs include specific recommendations for amending the Monterey Park Municipal Code (MPMC). These include:
 Increase the density in the R-3 zone to 30 du/ac and increase the height limit to the extent allowed by City Council authority.
 Change the North Atlantic, Mid Atlantic and Garvey-Garfield Specific Plans and replace them with zone districts consistent with the Land Use Element.  As needed, provide updates to multi-family residential parking standards and parking standards in the Central Business Commercial Zoning District.  Allow, by right, a mix of multifamily dwelling types and sizes that are compatible in scale and form with detached single-family homes, such as duplexes, triplexes, fourplexes, courtyard buildings, and townhouses within low density residential zones.
 Sites Used in Previous Planning period Housing Element: allow by-right approval for housing developments proposed for non-vacant sites included in one previous housing elements inventory and vacant sites included in two previous housing elements.
 Mixed Use Sites: establish a minimum percentage of residential development in zoning districts allowing a mix of residential and commercial uses.  Affordable Housing Development Incentives: reflect the Density Bonus requirements of Government Code § 65915 and 65400.

Community participation is an important component of the development of the Housing Element. The Government Code states that the local government must make “a diligent effort to achieve public participation of all economic segments of the community in the development of the housing element.” Monterey Park provided opportunities to solicit input from stakeholders and community members through interviews, community workshops, a project-specific website, a participatory mapping activity, and public meetings.

To reach the largest and broadest spectrum of community members and stakeholders, The City mailed postcards to all residents in Monterey Park announcing the Housing Element update providing a website link and contact information, in English, Spanish and Chinese. Postcards were sent to approximately 23,000 addresses. The City also utilized regular posts to the City’s social media accounts, regular “e-blasts” to interested parties, distributed printed workshop flyers to libraries, City Hall, and community center, and as part of Lunches for Seniors program, and an advertisement in Cascades Newspaper mailed to all addresses within City limits.

In addition to the above outreach, three small group interviews of Community members were conducted on July 20, and July 22, 2021 and a virtual workshop was hosted via Zoom on August 5, 2021. On November 4, 2021, a second virtual workshop was hosted Staff Report

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January 19, 2022
via Zoom. In addition, the City created a separate project website dedicated to the Housing Element update. The project website provided detailed background information on the Housing Element, frequently asked questions, and related housing resources.

Project materials associated with the Housing Element update were regularly posted on the project website, including flyers for upcoming workshops, and virtual workshop PowerPoint presentations and video recordings.

A link on the website enabled people to sign up for project email updates and provide comment at any time throughout the project process. Website content was available in eight languages, including English, Chinese Japanese, Korean, Vietnamese, Filipino, Russian, and Spanish. A presentation on the Housing Element update was provided to the City Council at a regularly scheduled City Council meeting on July 21, 2021 and October 6, 2021. Also, the draft Housing Element update was posted to the project website and made available for public comment from October 1-December 6, 2021.

Unlike other elements in the General Plan, the Housing Element is subject to review by the California Department of Housing and Community Development (“HCD”). The Legislature empowered HCD to review and, if appropriate, certify housing elements submitted by counties and cities across California. HCD’s certification of the Housing Element helps ensure that the City is eligible for various state grants and also assists the City in defending against any challenges to its land use decisions affecting housing.

The Housing Element was forwarded to HCD for a mandatory 60-day review on October 7, 2021. On December 6, 2021, the City received HCD's findings letter that outlined proposed changes to the draft 2021-2029 Housing Element. HCD's comments were incorporated into the draft Housing Element under consideration.

Should the City Council adopt the proposed Housing Element, then it will be submitted for HCD’s final review. HCD will then issue its opinion as to whether the adopted Housing Element complies with California’s housing laws. HCD has 90 days to complete its review of the adopted Housing Element.

To ensure a timely completion of the Housing Element, the draft Resolution proposes to delegate authority to the City Manager, or designee, to make non-substantive edits to the Housing Element to secure final certification of the Housing Element by HCD.

SAFETY AND COMMUNITY SERVICES ELEMENT
The amendments to the Safety and Community Services Element would update the Element in accordance with California law. Review of the Safety Element is ordinarily required every eight years, concurrent with the City’s adoption of either the Housing Element or the City’s Local Hazard Mitigation Plan. Additionally, the City is required to identify and update information related to seismic and geologic hazards, evacuation routes, flood hazards, and fire hazards with each update to the Safety Element. Updates must also include a vulnerability assessment resulting from climate change and, separately, to identify and evaluate evacuation routes.

Staff Report

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January 19, 2022
The proposed amendment to the Safety and Community Element satisfies the requirements of California as set forth in the draft Resolution.

As to climate change, the draft Safety and Community Services Element finds that the City is expected to experience more frequent extreme heat events and warmer summer nights; intense precipitation events; extended drought; and degraded air quality.

ENVIRONMENTAL JUSTICE ELEMENT
California law requires the City to add an Environment Justice Element to the General Plan whenever two or more other elements are concurrently amended. The Environmental Justice Element includes goals, policies, and objectives that aim to reduce health risks to any identified disadvantaged communities (as defined by California law); promote civic engagement; and prioritize the needs of disadvantaged communities.

California defines “environmental justice” as “the fair treatment and meaningful involvement of people of all races, cultures and incomes, and national origins, with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies” (Government Code § 65040.12).

Environmental justice includes the following:
 Availability of a healthy environment for all people;  Deterrence, reduction, and elimination of pollution burdens for populations and communities experiencing the adverse effects of that pollution, so that the effects of the pollution are not disproportionately borne by those populations and communities;
 Implementing technical assistance to populations and communities most impacted by pollution to promote their meaningful participation in all phases of the environmental and land use decision-making process; and  The meaningful consideration of recommendations from populations and communities most impacted by pollution into environmental and land use decisions.

Disadvantaged communities are based on geographic, socioeconomic, public health, and environmental hazard criteria. The California Environmental Protection Agency uses CalEnviroScreen to identify disadvantaged communities throughout California.

Based upon this screening, there is one census tract (out of 15) that includes a disadvantaged community: Census Tract 6037530400. This disadvantaged community is located along the southwestern edge of the City’s jurisdictional boundaries adjacent to the community of East Los Angeles (and East Los Angeles College).

The draft Environmental Justice Element includes goals and policies related to ensuring environmental justice in the City, particularly for the designated disadvantaged community.

Staff Report

Page 9 of 10 ends

January 19, 2022
The City is committed in ensuring that decisions related to environmental laws, regulations and policies are made in an equitable manner and take into consideration the health and well-being of the City’s most vulnerable populations. Issues identified in the Element include:
 Meaningful Public Participation and Engagement
 Land Use and Pollution Exposure
 Creating Active and Passive Green Spaces
 Public Facilities
 Food Equity
 Healthy and Affordable Housing
 Emergency Response
The proposed Environmental Justice Element adds new policy to the General Plan focused to improve public health and the environment within disadvantaged neighborhoods. Many of the new policies were derived from existing policy and focus on environmental justice. However, there are also new policies created to fully meet state requirements and address community concerns as it relates to Environmental Justice.

Staff’s review of the document has determined that new environmental justice policies do not create conflict with existing Land Use Element policies or with policies in the remaining elements of the General Plan.

The General Plan updates reflect the Communities values and have been prepared to be consistent with State law. On this basis, staff is recommending approval of all three General Plan Amendments and the associated Addendum to the FEIR.

FISCAL IMPACT:

The Community Development Department 2022/2023 budget will include a work program to implement the programs identified in the Element updates. Costs and funding sources will be outlined in the work program.

Approved by:

Ron Bow
City Manager
Karl H. Berger
City Attorney
Staff Report

Page 10 of 10 ends

January 19, 2022
Respectfully submitted by: Prepared by:

Steve Sizemore
Interim Director of Community
Development
Inez Alvarez
Assistant City Manager
ATTACHMENT(S):

1. Addendum Resolution

2. Housing Element Resolution

3. Safety and Community Services Element Resolution

4. Environmental Justice Element Resolution

Resolution _______
January 19, 2022
ATTACHMENT 1
Addendum Resolution
RESOLUTION NO ____

A RESOLUTION APPROVING AN ADDENDUM TO THE FINAL

ENVIRONMENTAL IMPACT REPORT (FOCUSED GENERAL PLAN UPDATE FINAL EIR, STATE CLEARINGHOUSE NUMBER 2001011074, DATED JUNE 2019) FOR THE UPDATE TO THE HOUSING ELEMENT (GPA 21-01); AN UPDATE TO THE SAFETY AND COMMUNITY SERVICES ELEMENT (GPA 21- 02); AND A NEW ENVIRONMENTAL JUSTICE ELEMENT (GPA 21-03) OF THE

MONTEREY PARK GENERAL PLAN
The City Council of the City of Monterey Park does resolve as follows:

SECTION 1: The City Council finds and declares that:

A. The Interim City Planner prepared amendments to Monterey Park General Plan consisting of an update to the Housing Element; an update to the Safety and Community Services Element; and a new Environmental Justice Element (collectively, the “Project”);
B. In addition, the Interim City Planner reviewed the Project’s environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the “CEQA Guidelines”); C. Notices of Public Hearings before the City Council were duly given and published in the time, form and manner as required by law; and on January 19, 2022, the City Council held a public hearing regarding the Project; D. This Resolution, and its findings, is adopted based upon the evidence set forth in the entire record including, without limitation, documentary testimonial evidence; the staff report; and such additional information set forth in the entire administrative record that is too voluminous to reference but is on file with the City Clerk's office.

SECTION 2: Planning Agency. Pursuant to MPMC § 2.56.020(A), the City Council will act as the Monterey Park Planning Agency for purposes of considering the Project.

SECTION 3: Environmental Assessment. The City Council finds that the following facts exist and makes the following conclusions:

A. The City of Monterey Park certified the Monterey Park Focused General Plan Update Final EIR (2019 General Plan EIR, State Clearinghouse Number 2001011074, dated August 2019) for an update to the Land Use Element at a public hearing conducted on December 5, 2019 (the “FEIR”). A copy of the FEIR, Draft EIR and and Addendum is is available at
https://www.montereypark.ca.gov/DocumentCenter/View/12568/MontereyPark_CE QA_Addendum_with-EIR and incorporated by this reference as it is too voluminous to include;
Resolution No. ______

Page 2 of 4 ends

B. Pursuant to CEQA Guidelines § 15164, the FEIR is of continuing informational value;
C. Only minor or technical changes to the FEIR are necessary. Consequently, preparation of this Addendum pursuant to CEQA Guidelines § 15164 is appropriate.

SECTION 4: Findings and Conclusions. In considering the potential environmental impacts of the Project, the City Council finds:

A. The Project identifies a range of tentatively reserved property sites that could be developed to meet the City’s sixth cycle RHNA. Development, however, would occur in the same areas as those allowed in the Land Use Element of the General Plan, i.e., there would be no changes to the land use designations or land use maps and no change to the General Plan boundaries;
B. New dwelling units identified in the Project would not adversely affect impacts related to wildfire in the General Plan Area to a greater extent than buildout under the General Plan and analyzed in the FEIR. Accordingly, impacts would remain less than significant, i.e., the same as impacts identified in the 2019 General Plan EIR; C. The Safety and Community Services Element Update would update information related to hazards and would provide policies related to risk reduction, emergency preparedness, and evacuation and would therefore not have adverse impacts; D. The housing units identified under the Housing Element update to satisfy the City’s RHNA obligation are within the growth allowed under the General Plan and assessed in the FEIR.

E. The Safety and Community Services Element Update and Environmental Justice Element would update or add information and goals, policies, and objectives to be consistent with California law and would not change growth assumptions or buildout assessed in the FEIR;
F. The Project would not result in new or more severe impacts (direct or indirect) than were analyzed in the FEIR. The PROJECT would not result in impacts (direct or indirect) beyond those addressed or analyzed in the FEIR, nor would the Project present new information that shows new or more severe impacts than those described in the FEIR. Consequently, the Project is within the scope of the FEIR and no additional environmental assessment is required.

SECTION 5: Actions. The City Council approves the Addendum to the FEIR which is incorporated by reference and available in the link provided in Section 3 of this resolution.

Except as updated by the Addendum, the FEIR remains unamended.

SECTION 6: Reliance on Record . Each and every one of the findings and determinations in this Resolution are based on the competent and substantial evidence, both oral and Resolution No. ______

Page 3 of 4 ends

written, contained in the entire record relating to the City Council and applicable law. The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole.

SECTION 7: Summaries of Information. All summaries of information in the findings, which precede this Section, are based on the substantial evidence in the record including, without limitation, verbal and documentary evidence submitted to the Successor Agency.

The absence of any fact from any such summary is not an indication that a particular finding is not based in part on that fact.

SECTION 8: Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.

SECTION 9: This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.

PASSED, APPROVED, AND ADOPTED this 19th day of January 2022. __________________________________
Henry Lo, Mayor
ATTEST:
___________________________
Vincent D. Chang, City Clerk
APPROVED AS TO FORM:
_________________________________
Karl H. Berger, City Attorney

Resolution _______
January 19, 2022
ATTACHMENT 2
Housing Element Resolution
RESOLUTION NO. ______
A RESOLUTION APPOVING GENERAL PLAN AMENDMENT NO 21-
01(GPA 21-01) ADOPTING THE DRAFT 2021-2029 HOUSING

ELEMENT OF TO MONTEREY PARK GENERAL PLAN
The City Council of the City of Monterey Park does resolve as follows:

SECTION 1. The City Council finds and declares that:

A. The Interim City Planner prepared an amendment to the Housing Element of the Monterey Park General Plan (the “Housing Element” or “Project”). Because of its volume, the Housing Element is available for public review at https://www.montereypark.ca.gov/DocumentCenter/View/12599/Housing- Element_CityCouncilDraft_011322-1
While not attached to this Resolution as an exhibit, the Project is nevertheless incorporated by reference as if fully set forth;
B. In addition, the Interim City Planner reviewed the Project’s environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the “CEQA Guidelines”);
C. The Interim City Planner completed review and scheduled a public hearing regarding the Project before the City Council for January 19, 2022. Notice of the public hearing was posted and mailed as required by the Monterey Park Municipal Code (“MPMC”); D. January 19, 2022, the City Council opened the public hearing to receive public testimony and other evidence regarding the proposed Project including, without limitation, information provided to the City Council by City staff and public testimony, and representatives of the Applicant;
E. This Resolution and its findings are made based upon the entire administrative record including, without limitation, testimony and evidence presented to the City Council at its January 19, 2022 public hearing including, without limitation, the staff report submitted by the Interim City Planner.

SECTION 2. Planning Agency. Pursuant to MPMC § 2.56.020(A), the City Council will act as the Monterey Park Planning Agency for purposes of considering the Project.

SECTION 3. Factual Findings and Conclusions. The City Council finds that the following facts exist and makes the following conclusions:

A. As noted comprehensively within the Project, the City solicited public input for completing the Project over a period of 10 months;
B. Additionally, the City sought review and comment from the California Department of Housing and Community Development (“HCD”) as contemplated by the California Resolution No. ______

Page 2 of 3 ends

Legislature and required by California law. A draft was provided to HCD on October 27, 2021;
C. The City's share of the regional housing need was established at 5,257 units in the Regional Housing Needs Assessment (RHNA) Plan prepared and adopted by the Southern California Association of Governments (SCAG) on March 4, 2021. The allocation establishes the number of new units needed, by income category, to accommodate Monterey Park’s assigned housing needs during the 2021-2029 planning period.

D. The 2021 Housing Element Update identifies residential sites adequate to accommodate a variety of housing types for all income levels and needs of special population groups, defined under California law (Government Code § 65583).

E. No rezoning of sites or formal land use changes or physical development is proposed at this time. Future changes would require environmental evaluation as potential impacts are location-specific and cannot be assessed in a meaningful way until a project site and development proposal are identified.

SECTION 4. Environmental Assessment. The findings and conclusions of Resolution No. ______, adopted January 19, 2022, are incorporated by reference. As set forth in that Resolution, the Addendum fully analyzes the environmental impacts of the Project for purposes of CEQA.

SECTION 5. Approval The City Council approves the Housing Element. If required by law, the City Manager, or designee, is directed to submit the Project to the State of California for certification.

SECTION 6. Delegation of Authority . The City Manager is authorized to make clerical corrections; minor technical changes; and other non-substantive edits to the Housing Element, in a form approved by the City Attorney, to ensure the Housing Element receives final certification from the State of California. Unless substantive changes are required, no additional City Council action is required to ratify such changes.

SECTION 7. Reliance on Record. Each and every one of the findings and determinations in this Resolution are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project. The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole.

SECTION 8. Limitations. The City Council’s analysis and evaluation of the project is based on the best information currently available. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the City Council’s lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions.

Somewhat related to this are the limitations on the City's ability to solve what are in effect Resolution No. ______

Page 3 of 3 ends

regional, state, and national problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework.

SECTION 9. Summaries of Information. All summaries of information in the findings, which precede this section, are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.

SECTION 10. Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.

SECTION 11. This Resolution will remain effective until superseded by a subsequent resolution.

ADOPTED AND APPROVED this _____ day of ______ 2022.

Henry Lo, Mayor
ATTEST:
__________________________________
Vincent D. Chang, City Clerk
APPROVED AS TO FORM:
_________________________
Karl H. Berger, City Attorney

Resolution _______
January 19, 2022
ATTACHMENT 3
Safety and Community Services Element Resolution
RESOLUTION NO. ______
A RESOLUTION APPOVING GENERAL PLAN AMENDMENT NO 21-
02(GPA 21-02) THE DRAFT SAFETY AND COMMUNITY SERVICES

ELEMENT TO THE MONTEREY PARK GENERAL PLAN
The City Council of the City of Monterey Park does resolve as follows:

SECTION 1. The City Council finds and declares that:

A. The Interim City Planner prepared a new Safety and Community Services Element to the Monterey Park General Plan (the “Safety Element” or “Project”). Because of its volume, the Safety Element is available for public review at https://www.montereypark.ca.gov/DocumentCenter/View/12570/Monterey- Park_SafetyElementUpdate_01132022 . While not attached to this Resolution as an exhibit, the Project is nevertheless incorporated by reference as if fully set forth; B. In addition, the Interim City Planner reviewed the Project’s environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the “CEQA Guidelines”); C. The Interim City Planner completed review and scheduled a public hearing regarding the Project before the City Council for January 19, 2022. Notice of the public hearing was posted and mailed as required by the Monterey Park Municipal Code (“MPMC”);
D. On January 19, 2022, the City Council opened the public hearing to receive public testimony and other evidence regarding the proposed Project including, without limitation, information provided to the City Council by City staff and public testimony, and representatives of the Applicant;
E. This Resolution and its findings are made based upon the entire administrative record including, without limitation, testimony and evidence presented to the City Council at its January 19, 2022 public hearing including, without limitation, the staff report submitted by the Interim City Planner.

SECTION 2. Planning Agency. Pursuant to MPMC § 2.56.020(A), the City Council will act as the Monterey Park Planning Agency for purposes of considering the Project.

SECTION 3. Factual Findings and Conclusions. The City Council finds that the following facts exist and makes the following conclusions:

A. As noted comprehensively within the Project, the City solicited public input for completing the Project over a period of 10 months;
B. The Safety Element update is required to meet the requirements of California law with the adoption of the update to the Housing Element. Among other things, California law requires the City to analyze effects of climate-change; Resolution No. ______

Page 2 of 5 ends

C. Government Code § 65302(g) requires the City to identify and update information related to seismic and geologic hazards, evacuation routes, flood hazards, and fire hazards with each update of the Element;
D. California law requires local agencies to identify evacuation routes and evaluate their capacity, safety, and viability under a range of emergency scenarios and identify residential developments in hazard areas that do not have at least two emergency evacuation routes;
E. Additionally, California law requires local agencies to identify evacuation routes and evaluate their capacity, safety, and viability under a range of emergency scenarios and identify residential developments in hazard areas that do not have at least two emergency evacuation routes.

SECTION 4. Environmental Assessment. The findings and conclusions of Resolution No. ________, adopted January 19, 2022, are incorporated by reference. As set forth in that Resolution, the Addendum fully analyzes the environmental impacts of the Project for purposes of CEQA.

SECTION 5. Approval The Cit y Council approve s the Safet y Element to the Monterey Park General Plan.

SECTION 6. Reliance on Record. Each and every one of the findings and determinations in this Resolution are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project. The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole.

SECTION 7. Limitations. The City Council’s analysis and evaluation of the project is based on the best information currently available. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the City Council’s lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are the limitations on the City's ability to solve what are in effect regional, state, and national problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework.

SECTION 8. Summarie s of Information. All summarie s of information in the findings, which precede thi s section, are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.

SECTION 9. Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.

Resolution No. ______

Page 3 of 5 ends

SECTION 10. This Resolution will remain effective until superseded by a subsequent resolution.

ADOPTED AND APPROVED this _____ day of ______ 2022.

Henry Lo, Mayor
ATTEST:
__________________________________
Vincent D. Chang, City Clerk
APPROVED AS TO FORM:
_________________________
Karl H. Berger, City Attorney

Resolution _______
January 19, 2022
ATTACHMENT 4
Environmental Justice Element Resolution
RESOLUTION NO. ______
A RESOLUTION APPOVING GENERAL PLAN AMENDMENT NO 21-
03(GPA 21-03) ADOPTING THE DRAFT ENVIRONMENTAL JUSTICE

ELEMENT TO THE MONTEREY PARK GENERAL PLAN
The City Council of the City of Monterey Park does resolve as follows:

SECTION 1. The City Council finds and declares that:

A. The Interim City Planner prepared a new Environmental Justice Element to the Monterey Park General Plan (the “Environmental Justice Element” or “Project”).

Because of its volume, the Environmental Justice Element is available for public review at
https://www.montereypark.ca.gov/DocumentCenter/View/12571/MontereyPark_En vironmentalJusticeElement_01132022 . While not attached to this Resolution as an exhibit, the Project is nevertheless incorporated by reference as if fully set forth; B. In addition, the Interim City Planner reviewed the Project’s environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the “CEQA Guidelines”);
C. The Interim City Planner completed review and scheduled a public hearing regarding the Project before the City Council for January 19, 2022. Notice of the public hearing was posted and mailed as required by the MPMC;
D. January 19, 2022, the City Council opened the public hearing to receive public testimony and other evidence regarding the proposed Project including, without limitation, information provided to the City Council by City staff and public testimony, and representatives of the Applicant;
E. This Resolution and its findings are made based upon the entire administrative record including, without limitation, testimony and evidence presented to the City Council at its January 19, 2022 public hearing including, without limitation, the staff report submitted by the Interim City Planner.

SECTION 2. Planning Agency. Pursuant to MPMC § 2.56.020(A), the City Council will act as the Monterey Park Planning Agency for purposes of considering the Project.

SECTION 3. Factual Findings and Conclusions. The City Council finds that the following facts exist and makes the following conclusions:

A. As noted comprehensively within the Project, the City solicited public input for completing the Project over a period of 10 months;
B. The City is in the process of updating the Housing and Safety and Community Services Elements of the Monterey Park General Plan. California law requires the City to prepare and maintain an Environmental Justice Element or to incorporate Resolution No. ______

Page 2 of 3 ends

environmental justice-related goals, policies, and implementation programs in the General Plan’s other elements;
C. The City drafted an Environmental Justice Element incorporating environmental justice-related goals, policies, and implementation programs in the Monterey Park General Plan;
D. The Environmental Justice Element is consistent with the provisions of the Monterey Park General Plan General Plan and is in compliance with applicable requirements of California law;
SECTION 4. Environmental Assessment. The findings and conclusions of Resolution No. _______, adopted January 19, 2022, are incorporated by reference. As set forth in that Resolution, the Addendum fully analyzes the environmental impacts of the Project for purposes of CEQA.

SECTION 5. Approval. The City Council approves the Environmental Justice Element to the Monterey Park General Plan.

SECTION 6. Reliance on Record. Each and every one of the findings and determinations in this Resolution are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project. The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole.

SECTION 7. Limitations. The City Council’s analysis and evaluation of the project is based on the best information currently available. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the City Council’s lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions.

Somewhat related to this are the limitations on the City's ability to solve what are in effect regional, state, and national problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework.

SECTION 8. Summaries of Information. All summaries of information in the findings, which precede this section, are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.

SECTION 9. Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.

SECTION 10. This Resolution will remain effective until superseded by a subsequent resolution.

Resolution No. ______

Page 3 of 3 ends

ADOPTED AND APPROVED this _____ day of ______ 2022.

Henry Lo, Mayor
ATTEST:
__________________________________
Vincent D. Chang, City Clerk
APPROVED AS TO FORM:
_________________________
Karl H. Berger, City Attorney

City Council Staff Report
DATE: January 19, 2022
AGENDA ITEM NO: New Business No. 5A
TO: T
he Honorable Mayor and City Council
FROM: Ron Bow, City Manager
SUBJECT: A Resolution of the City Council of the City o f Monterey Park, California Appointing Council Representatives to Specific Organizations RECOMMENDATION:

It is recommended that the City Council consider:

1. Adopt in
g a Resolution appointing representatives to specific organizations; and

2. Taking such additional, related, action that may be desirable.

EXECUTIVE SUMMARY:

The City Council generally appoints representatives to various regional and community organizations annually. Appointments are recommended by the Mayor and confirmed by the City Council.

BACKGROUND:

There are c urrently 11 associations/organizations requiring a City Counci l representative. One organization, the Los Angeles County Sanitation District, requires the Mayor to be the Council representative. The alternate representative has traditionally been the Mayor Pro Tem. Attached for reference is Resolution No. 12239 which lists the current appointments . The proposed Resolution would set forth the updated appointments.

FISCAL IMPACT:

None.

Respectfully submitted by: Prepared by:

Ron Bow
City Manager
Cindy H. Trang
Deputy City Clerk

Staff Report
January 19, 2022

Page 2 ends

Reviewed by:

Reviewed by:

Inez Alvarez
Assistant City Manager
Joaquin Vazquez
Deputy City Attorney

ATTACHMENTS

1. Resolution No. 12239

2. Draft Resolution

Staff Report
January 19, 2022

ATTACHMENT 1

Resolution No. 12239
RESOLUTION NO. 12239

A RESOLUTION ASSIGNING CITY COUNCILMEMBERS
TO SPECIFIC ORGANIZATIONS.

The City Council does resolve as follows:

SECTION 1. The City Council finds and declares that:

A. The City Council of the City of Monterey Park supports Elected Official representation in local associations and organizations.

B. These specific local associations and organizations require Elected Official and/or staff representation.

C. The City Cou ncil reviews all Committee/Organization assignments annually, and a ppointments are made at the recommendation of the Mayor, with City Council Approval.

SECTION 2. Council Members are appointed to the following local associations and organizations:

Board of Education/City Council Joint Use
Committee (Alhambra School District)
Representative: Henry Lo
Representative: Hans Liang
Staff
Representative:

Director of Recreation
and Community
Services

California Contract Cities Association Representative: Yvonne Yiu Alternate: Henry Lo

Independent Cities Association Representative: Yvonne Yiu Alternate:

League of California Cities Representative: Fred Sornoso Alternate: Yvonne Yiu

Los Angeles County Sanitation District Representative: Mayor Alternate: Mayor Pro Tem

Resolution No. 12239

Page 2 of 3 ends

San Gabriel Valley Council of Governments Representative: Peter Chan Alternate: Henry Lo

San Gabriel Valley Economic Partnership Representative: Fred Sornoso Alternate: Yvonne Yiu

San Gabriel Valley Mosquito Abatement
District
Representative: Joseph Leon

Sister City Commission Representative: Peter Chan
Alternate: Hans Liang

Southern California Association of
Governments (SCAG)
Representative: Hans Liang

LAX Roundtable Representative: Yvonne Yiu
Alternate: Henry Lo

SECTION 3. This Resolution takes effect immediately upon its adoption. The City Clerk is directed to c ertify to the adoption of this Resolution and enter it into the book of original Resolutions.

SECTION 4. Electronic Signatures . This Resol ution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.

PASSED, APPROVED, AND ADOPTED this 21
st day of April, 2021.

Yvonne Yiu, Mayor

ATTEST:

___________________________
Vincent D. Chang, City Clerk
APPROVED AS TO FORM:

________________________________
Karl H. Berger, City Attorney

Resolution No. 12239

Page 3 of 3 ends

State of California )
County of Los Angeles) §.

City of Monterey Park )

I, Vincent D. Chang, City Clerk of the City of Monterey P ark, California, do hereby certify that the foregoing Resolution No. 12239 was duly and regularly adopted by the City Council of the City of Monterey Park at a regular meeting held on the 21 st
day of April, by the following vote:

Ayes: Council Members: Chan, Liang, Sornoso, Lo, Yiu
Noes: Council Members: None

Absent: Council Members: None
Abstain: Council Members: None

Dated this 21
st day of April, 2021.

Vincent D. Chang, City Clerk
Monterey Park, California

Staff Report
January 19, 2022

ATTACHMENT 2

Draft Resolution

RESOLUTION NO.

A RESOLUTION APPOINTING CITY COUNCILMEMBERS
TO SPECIFIC ORGANIZATIONS.

The City Council does resolve as follows:

SECTION 1. The City Council finds and declares that:

A. The City Council of the City of Monterey Park supports e lected official representation in certain local associations and organizations.

B. These specific local associations and organizations require e lected official and/or staff representation.

C. The City Cou ncil reviews all committee/organization assignments annually, and appo intments are made at the recommendation of the Mayor with City Council approval.

SECTION 2. Council Members and staff are appointed to the following local associations and organizations:

Board of Education/City Council Joint Use
Committee (Alhambra School District)
Representative:

Representative:

Staff
Representative:

California Contract Cities Association Representative:

Alternate:

Independent Cities Association Representative:

Alternate:

League of California Cities Representative:

Alternate:

Los Angeles County Sanitation District Representative: Mayor Alternate: Mayor Pro Tem

Resolution No.

Page 2 of 3 ends

San Gabriel Valley Council of Governments Representative:

Alternate:

San Gabriel Valley Economic Partnership Representative:

Alternate:

San Gabriel Valley Mosquito Abatement
District:

Representative:

Sister City Commission Representative:

Alternate:

Southern California Association of
Governments (SCAG)
Representative:

LAX Roundtable Representative:

Alternate:

SECTION 3. This Resolution takes effect immediately upon its adoption. The City Clerk is directed to certify to the adoption of this Resolution and enter it into the book of original Resolutions.

SECTION 4. Electronic Signatures . This Res olution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.

PASSED, APPROVED, AND ADOPTED this day of , 2022.

Henry Lo, Mayor

ATTEST:

___________________________
Vincent D. Chang, City Clerk
APPROVED AS TO FORM:

________________________________
Joaquin Vazquez, Deputy City Attorney

Resolution No.

Page 3 of 3 ends

State of California )
County of Los Angeles) §.

City of Monterey Park )

I, Vincent D. Chang, City Clerk of t he City of Monterey Par k, California, do hereby certify that the foregoing Resolution No. was duly and regularly adopted by the City Council of the City of Monterey Park at a regular meeting held on the day of , 2022 by the following vote:

Ayes: Council Members:

Noes: Council Members:

Absent: Council Members:

Abstain: Council Members:

Dated this day of 2022.

Vincent D. Chang, City Clerk
Monterey Park, California

RESOLUTION NO. ____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY

PARK APPROVING THE MEMORANDUM OF UNDERSTANDING OF

FRIENDSHIP CITY PARTNERSHIP BETWEEN THE CITY OF

MONTEREY PARK AND PHU MY TOWN, BA RIA- VUNG TAU

PROVINCE, SOCIALIST REPUBLIC OF VIETNAM
BE IT RESOLVED by the Council of the City of Monterey Park as follows:

SECTION 1: The City Council finds as follows:

A. Phu My Town, Ba Ria- Vung Tau Province, Socialist Republic of Vietnam agreed to establish a mutual friendship city partnership with the City of Monterey Park, California, in United States of America.

B. In 2018, then Mayor Peter Chan met with representatives from Phu My Town, Ba Ria-Vung Tau Province, Socialist Republic of Vietnam to discuss a memorandum of understanding to f oster further responsive relations and cooperation in promoting mutual understanding and friendship. The City Council will designate Councilmember Peter Chan to sign this Memorandum of
Understanding.

C. Mont
erey Park has historically formed Friendship Cities with several cities overseas to establish better relations and understanding with the culture, foster better communication and exchanges of economic benefits and growth, and to improve development and education.

D. The f
riendship city partnership will e ncourage representative of both cities to visit each other at regular intervals and seek cooperation in the fields of economy, education and culture on the basis of friendship.

E. The attached memorandum of understanding establishing the friendship city partnership will be signed by both parties in the near future.

SECTION 2: The City Council further declares:

A. The City of Monterey Park has established a friendship city partnership with Phu My Town, Ba Ria- Vung Tao Province, Socialist Republic of Vietnam.

SECT
ION 3: This Resolution takes effect immediately upon its adoption.

PASSED AND ADOPTED this 19th day of January 2022.

Henry Lo, Mayor
Date: January 19, 2022
Agenda Item No. 6A

MEMORANDUM OF UNDERSTANDING

BETWEEN

GOVERNMENT OF MONTEREY PARK CITY,

CALIFORNIA STATE,

THE UNITED STATES OF AMERICA
AND

THE PEOPLE'S COMMITTEE OF PHU MY TOWN, BA RIA-VUNG TAU PROVINCE,

SOCIALIST REPUBLIC OF VIETNAM

ABOUT FRIENDSHIP CITY PARTNERSHIP ESTABLISHMENT

The People's Committee of Phu My Town, Ba Ria- Vung Tau Province, Socialist Republic of Viet Nam and Government of Monterey Park City, California, United States of America, hereinafter referred to individually as " each Party” and collectively as “Parties”;

On the basis of the comprehensive friendship city partnership between Vietn am and the United States of America;

Based on the aspiration to strengthen the friendly and cooperative relationship between the two Parties: Derived from the requirem ents of cooperation in economic development, science and technology; culture and education between the two Parties; especially in the field of investment cooperation, promoting the development of trade, tourism, and logistics services, creating a favorable environment for the development between enterprises of the two localities as well as between enterprises of Vietnamese and enterprises of the United States of America.

Agreed as follows:

Article 1
Purpose

The People's Committee of Phu My Town, Ba Ria -Vung Tau Province, The Socialist Republic of Vietnam and the City Government of Monterey Park City, California, the United States of America signed this Memorandum of Understanding with the aim of enhancing cooperation, for the development of the two localities, and at the same time, strengthen friendly relations and mutual understanding.

Article 2
Fields of Cooperation

Cooperation between the People's Committee of Phu My Town, Ba Ria- Vung Tau Province, the Socialist Republic of Vietnam and the Governme nt of Monterey Park City, California, the United States of America includes the following areas:

(1) Promoting economic development, especially promoting trade and investment activities, especially in the field of import and export of goods; Logistics ser vices for seaports and airports; and tourism.

(2) Education, health, vocational training - human resource development;

(3) Cultural exchanges, sports, tourism;

(4) Science, technology and digital technology cooperation.

Article 3
Other regulations

1. The People's Committee of Phu My town, Ba Ria- Vung Tau province, the Socialist Republic of Vietnam and City Government of Monterey Park, California, the United States of America will establish a w orking team of the two sides to develop a specific actio n plan to implement the cooperation contents of this Memorandum of Understanding, including a plan to exchange and update information on the situation of the two localities, and a plan to regularly exchange delegations as requirements of both parties and evaluate progress in the cooperation process.

2. This Memorandum of Understanding may be amended or supplemented according to the written agreement of the two parties. Amendments and supplements are an integral part of the Memorandum of Understanding.

3. This Memorandum of Understanding takes effect from the date of signing. This Memorandum of Understanding may be terminated at any time when either Party gives written notice of its intention to withdraw from the cooperation agreement at least six months before withdrawing from the Memorandum of Understanding.

The Memorandum of Understanding is made in four copies (Two in Vietnamese and two in English). Each party keeps two copies (one in Vietnamese and one in English) with equal legal validity. In case there are different interpretations, the Vietnamese text will be used as the basis.

_______________________________ ________________________________

ON BEHALF OF THE GOVERNMENT OF

MONTEREY PARK CITY,

CALIFORNIA STATE,

THE UNITED STATES OF AMERICA

COUNCIL MEMBER

PETER CHAN

ON BEHALF OF PEOPLE'S COMMITTEE

OF PHU MY TOWN

BA RIA-VUNG TAU PROVINCE

SOCIALIST REPUBLIC OF VIETNAM

CHAIRMAN

______________________________ _______________________________ Date Date

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