Monterey Park City Council
November 2, 2022

City of Monterey Park Specification No. 2022-004
SECTION D. CERTIFICATIONS FOR FEDERAL – AID CONTRACTS (Entire section D shall be submitted with the bid) Page D. 6
Business Name:

Date: By:

Name and Title of Authorized
Representative

Signature of Authorized Representative

Carrier
10/3/2022
Brian Lockridge
Sales Manager

City of Monterey Park Specification No. 2022-004
SECTION D. CERTIFICATIONS FOR FEDERAL – AID CONTRACTS (Entire section D shall be submitted with the bid) Page D. 7

DOMESTIC PREFERENCE CERTIFICATION FOR FEDERAL-AID CONTRACTS It is the policy of the City to encourage a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders.

CONTRACTOR agrees to use its best efforts to comply with 2 CFR 200.322 to the fullest extent possible consistent with the efficient performance of this contract.

RECOVERED MATERIALS CERTIFICATION FOR FEDERAL-AID CONTRACTS CONTRACTOR shall comply with 2 CFR 200.322 and procure only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000.

CONTRACTOR certifies that the percentage of recovered materials to be used in the performance of this Agreement will be at least the amount required by applicable specifications or other contractual requirements. For contracts over $100,000 in total value, CONTRACTOR shall estimate the percentage of total material utilized for the performance of the project that is recovered materials and shall provide such estimate to CITY upon request.

Business Name:

Date: By:

Name and Title of Authorized
Representative

Signature of Authorized Representative

Carrier
10/3/2022
Brian Lockridge
Sales Manager

City of Monterey Park Specification No. 2022-004
SECTION D. CERTIFICATIONS FOR FEDERAL – AID CONTRACTS (Entire section D shall be submitted with the bid) Page D. 8

CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT

CERTIFICATION FOR FEDERAL-AID CONTRACTS

CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401-7671q.

CONTRACTOR agrees to report each violation to the USDA and the appropriate EPA Regional Office.

CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1387). CONTRACTOR agrees to report each violation to the USDA and the appropriate EPA Regional Office.

Business Name:

Date: By:

Name and Title of Authorized
Representative

Signature of Authorized Representative

Carrier
Brian Lockridge
Sales Manager
10/3/2022

City of Monterey Park Specification No. 2022-004
SECTION D. CERTIFICATIONS FOR FEDERAL – AID CONTRACTS (Entire section D shall be submitted with the bid) Page D. 9

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER

RESPONSIBILITY MATTERS
Primary Covered Transactions

This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 13 CFR Part 145. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211).

(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE)

1. The CONTRACTOR certifies to the best of its knowledge and belief that it and its principals:

(a) Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default.

2. Where the CONTRACTOR is unable to certify to any of the statements in this certification, such CONTRACTOR shall attach an explanation to this certification.

Indicate to whom it applies, initiating agency, and dates of action.

City of Monterey Park Specification No. 2022-004
SECTION D. CERTIFICATIONS FOR FEDERAL – AID CONTRACTS (Entire section D shall be submitted with the bid) Page D. 10
Business Name:

Date: By:

Name and Title of Authorized
Representative

Signature of Authorized Representative

Carrier
10/3/2022
Brian Lockridge
Sales Manager

City of Monterey Park Specification No. 2022-004
SECTION D. CERTIFICATIONS FOR FEDERAL – AID CONTRACTS (Entire section D shall be submitted with the bid) Page D. 11

INSTRUCTIONS FOR CERTIFICATION

1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default.

4. The prospective primary participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations (13 CFR Part 145).

6. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transactions," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines

City of Monterey Park Specification No. 2022-004
SECTION D. CERTIFICATIONS FOR FEDERAL – AID CONTRACTS (Entire section D shall be submitted with the bid) Page D. 12
the ineligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List.

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause.

The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default.

City of Monterey Park Specification No. 2022-004
SECTION D. CERTIFICATIONS FOR FEDERAL – AID CONTRACTS (Entire section D shall be submitted with the bid) Page D. 13

NON-LOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS

The CONTRACTOR certifies, by signing and submitting this contract, to the best of his or her knowledge and
belief, that:

(l) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement,
the undersigned shall complete and submit Standard Form-LLL, "Disclosure of
Lobbying Activities," in conformance with its instructions.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code.

Any person who fails to file the required certification shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such failure.

The CONTRACTOR also agrees by submitting his or her bid or proposal that he or she shall require that the language
of this certification be included in all lower tier
subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.

Business Name:

Date: By:

Name and Title of Authorized
Representative

Signature of Authorized Representative

Carrier
10/3/2022
Brian Lockridge
Sales Manager

City of Monterey Park Specification No. 2022-004
SECTION D. CERTIFICATIONS FOR FEDERAL – AID CONTRACTS (Entire section D shall be submitted with the bid) Page D. 14

DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352

1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:

a. contract

a. bid/offer/application

a. initial
b. grant b. initial award b. material change
c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee year _____ quarter ______
f. loan insurance date of last report __________

4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime:

Prime Subawardee
Tier _____, if known

Congressional District, if known: ________ Congressional District, if known: ________

6. Federal Department/Agency: 7. Federal Program Name/Description:

CFDA Number, if applicable ___________________

8. Federal Action Number, if known: 9. Award Amount, if known:

$

10.a. Name and Address of Lobby Registrant 10.b. Individuals Performing Services (If individual, last name, first name, MI) (including address if different from No. 10) (last name, first name, MI)

(attach Continuation Sheet(s) if necessary)

11. Information requested through this form is
authorized by Title 31 U.S.C. Section 1352. This
disclosure of lobbying activities is a material
representation of fact upon which reliance was
placed by the tier above when his transaction was
made or entered into. This disclosure is required
pursuant to 31 U.S.C. 1352. This information will
be available for public inspection. Any person who
fails to file the required disclosure shall be subject
to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.

Signature: __________________________________

Print Name: _________________________________

Title: ___________ ___________________________

Telephone No.: __________ Date:

Authorized for Local Reproduction
Federal Use Only: Standard Form – LLL (Rev. 7-97)

City of Monterey Park Specification No. 2022-004
SECTION D. CERTIFICATIONS FOR FEDERAL – AID CONTRACTS (Entire section D shall be submitted with the bid) Page D. 15

INSTRUCTIONS FOR COMPLETING SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES

This disclosure form shall be completed by the reporting entity, whether subawardee or prime federal recipient at the initiation or receipt of covered federal action or a material change to previous filing pursuant to title 31 U.S.C. Section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered federal action.

Attach a continuation sheet for additional information if the space on the form is inadequate.

Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.

1. Identify the type of covered federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered federal action.

2. Identify the status of the covered federal action.

3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered federal action.

4. Enter the full name, address, city, state, and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to: subcontracts, subgrants, and contract awards under grants.

5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state, and zip code of the prime federal recipient. Include Congressional District, if known.

6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard.

7. Enter the federal program name or description for the covered federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments.

8. Enter the most appropriate federal identifying number available for the federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the federal agency). Include prefixes, e.g., "RFP-DE-90-001."

9. For a covered federal action where there has been an award or loan commitment by the Federal agency, enter the federal amount of the award/loan commitments for the prime entity identified in item 4 or 5.

City of Monterey Park Specification No. 2022-004
SECTION D. CERTIFICATIONS FOR FEDERAL – AID CONTRACTS (Entire section D shall be submitted with the bid) Page D. 16

10. (a) Enter the full name, address, city, state, and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in Item 4 to influence the covered federal action.
(b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (Ml).

11. The certifying official shall sign and date the form, print his/her name, title, and telephone number.

According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503.

--END OF SECTION--

Staff Report
November 2, 2022
ATTACHMENT 2
F.M. Thomas Air Conditioning, Inc. Proposal

City Council Staff Report
DATE: November 2, 2022
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: Modification to Agreement No. 2077-A with Mobile Source Air Pollution Review Committee (MSRC) and purchase of a CNG Asphalt Truck RECOMMENDATION:

It is recommended that the City Council consider:

1. Authorizing the City Manager or designee to submit a request for modification to Agreement No. 2077-A with Mobile Source Air Pollution Review Committee (MSRC) for the purchase of a CNG Asphalt Truck;

2. Authorizing the purchase of a CNG Asphalt Truck from PC Loader, through Sourcewell Contract No. 052417-PBL;

3. Appropriating $327,405 from the AQMD 2766 Subvention Fund (247) for the purchase of this vehicle; and

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

EXECUTIVE SUMMARY:

The City has a current agreement with the Mobile Source Air Pollution Review Committee (MSRC) for the purchase of CNG bus as part of its 2017 Local Government Partnership Program. Staff recommends City Council approve the repurposing of grant funds to purchase a CNG Asphalt Truck under the MSRC program. If approved, the City would submit a request to the MSRC to modify the project’s scope of work and request an extension to complete the purchase of the vehicle and other grant requirements.

BACKGROUND:

On February 2018, City Council authorized the City’s participation in the MSRC Local Government Partnership Program for the purchase of a CNG bus for a potential new Spirit Bus route. The bus would be funded through MSRC grant funds of $25,000 and a local match of $135,000. Since there was no additional route added to the City’s Spirit Bus service, the proposed CNG bus was not purchased. The MSRC Agreement required vehicle procurement within 22 months of the contract execution and five years of service prior to the end of the contract, currently February 2026. To use the grant funds awarded to the City, staff recommends City Council approve the repurposing of grant funds to purchase a CNG Asphalt Truck under the MSRC program. The CNG Asphalt Truck is an eligible purchase under this grant and would replace the current 2013 Asphalt vehicle which has reached its useful service life and is in need of replacement. If approved, the Consent Calendar - 3E

Staff Report

October 19, 2022
City would submit a request to the MSRC program to modify the project’s scope of work and request an extension to complete the purchase and other grant requirements.

The proposed Asphalt Truck is a 2023 Freightliner M2. It is a vehicle built specifically for asphalt application on road surfaces and is of the latest design in the industry with an estimated service life of at least 10 years. This vehicle will be used on a regular basis by the Public Works Street Maintenance Division in the repair of asphalt streets and boulevards. The current asphalt truck (Unit 091) has been out of service and under repairs for the majority of 2022 and is now deemed as failing to produce proper production return value based on service costs.

The purchase of the CNG Asphalt Truck meets the program’s requirement to procure a near-zero emission heavy-duty alternative fuel vehicle under MSERC’s 2017 Local Government Partnership Program. It will also support the City’s efforts to contribute to the South Coast Air Quality Management District’s (AQMD) implementation of its Air Quality Management Plan (AQMP) and AB2766 program aimed to reduce vehicle emissions and complying with state and federal clean air obligations.

FISCAL IMPACT:

The total cost for the CNG Asphalt truck is approximately $327,405. If the City’s MSRC modification request is granted, the City will receive $25,000 from the MSRC grant program to purchase the vehicle. The City would use AQMD 2766 Subvention funds for the remaining balance of $302,405. Should MSRC not approve the City’s modification request, the City has sufficient funds in its AQMD Subvention fund for the full purchase of the vehicle. Staff recommends City Council appropriate $327,405 from its AQMD Fund (247) for the purchase of the vehicle.

Respectfully submitted by: Reviewed by:

Shawn Igoe
Director of Public Works
Martha Garcia
Director of Management Services

Approved by:

Reviewed by:

Ron Bow
City Manager
Karl H. Berger
City Attorney

ATTACHMENT:

1. February 21, 2018 Staff Report

2. Sourcewell Quote

Staff Report
November 2, 2022
ATTACHMENT 1
February 21, 2018 Staff Report

Gity Gouncil Staff Report
TO:

FROM:

SUBJECT:

DATE: February 21,2018
AGENDA ITEM NO: New Business
Agenda ltem 6.A.

The Honorable Mayor and City Council
Mark A. McAvoy, Director of Public WorksiCity Engineer
Authorize Participation in the Mobile Source Air Pollution Reduction Review Committee (MSRC)'s 2017 Local Government Partnership Program and submittal of Project and Application for Clean Transportation Funding from the MSRC
RECOMMENDATION:

It is recommended that the City Council:

1. Authorize the City Manager, or designee, to participate in the MSRC's 2017 Local Government Paftnership Program and submit an online application;

2. Approve proposed project eligible for MSRC Clean Transportation Funds;

3. Receive the reserved MSRC Clean Transportation funding amount up to $80,240 and allocate the necessary matching funds; and

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

EXECUTIVE SUMMARY
The City of Monterey Park is eligible for Clean Transportation Funding from the Mobile Source Air Pollution Reduction Review Committee (MSRC). The MSRC has a reserved funding amount of $80,240 for the City of Monterey Park to partner with in reducing motor vehicle air pollution through the Local Government Partnership Program. The City is currently receiving AB 2766 Subvention Funds and eligible to participate in the MSRC's 2017 Local Government Partnership Program.
ln order to receive the MSRC Clean Transportation funding, the City Council must authorize participation in the 2017 Local Government Partnership Program, approve the proposed project, allocate the necessary matching funds, acknowledge the MSRC- supplied presentation materials, and submit an online application by March 2,2018.

BACKGROUND:

The MSRC's Local Government Partnership Program is designed to forge partnerships between the MSRC and cities and counties within the South Coast to jumpstart implementation of the South Coast Air Quality Management District (AQMD)'s 2016 Air Quality Management Plan (AOMP). The 2016 AQMP was adopted by the AQMD

Staff Report - MSRC Local Government Program Participation

Governing Board on March 3,2017 and is the official roadmap for meeting our state and federal clean air obligations.

This Local Government Partnership Program is not a competitive procurement or grant process. The MSRC has already set aside a funding amount for each city and county to participate. The funding allocation is based upon the amount of AB 2766 Subvention Funding each jurisdiction receives and distributed on a population basis.

The Program requires matching funds from the City for a proposed project to utilize the reserved funds. One of the eligible project categories is purchase of near-zero emission heavy-duty alternative fuel vehicle such as CARB-certified CNG buses. This specific MSRC funding can be used to fund up to a maximum of 25o/o of a qualifying vehicles' net purchase price, or up to $25,000 per vehicle, whichever is less. The goal of the MSRC is to have the proposed project completed within 60 months of contract execution.

The City is proposing to add one more bus route to service the Gold Line Station, Market Place and Potrero Grande area once the Market Place is open. Therefore, one additional CNG bus is required to service this route. Staff recommends that the MSRC Clean Transportation funds be utilized for this bus purchase. The net cost of a 2017 20- seat CNG bus, similar to what the Spirit Bus line is currently operating, is approximately $160,000. Since the MSRC Clean Transportation funds can be used to fund up to $25,000 per vehicle, the City will need to provide a matching fund amount of $135,000.

The City has sufficient Prop A and Measure M funds to cover the local match.

FISGAL IMPACT:

The City will use $25,000 from the AQMD Fund for this CNG bus purchase and use $67,500 from Prop A (0109) and $67,500 from Measure M (0112) funds as the required city matching fund.

Staff Report - MSRC Local Government Program Participation

Respectfully submitted by:

Mark A. McAvoy, P
Director of Public Works/
City Engineer
Prepared by
Annie aung
Director of Management
Services lo
&
Bonnie Tam
Principal Management Analyst
Haes
Public Works
Maintenance Manager
Approved by Reviewed
rl
City Manager Assistan Attorney
Attachment:

1. MSRC Clean Transportation 2017 Local Government Partnership Program Opportunity Notice & lnvitation to Negotiate

2. MSRC Local Government Partnership Program Presentation

ATTACHMENT 1
MSRC Clean Transportation 2017 Local
Government Partnership Program Opportunity
Notice & lnvitation to Negotiate

Attachment I
eanFunding from lhe MSRC
Mobllê $ource Air Pôllut¡Õrì Radr"¡rllon llçview Crmm¡ltåê Announcing the MSRC's Clean Transportation Funding"
2077 Locol Government
Partnership Progrcrm
A Funding Partnership with Cities & Counties to "Jumpstart" lmplementation of the
SCAQMD's 2016 Air Quality Management Plan
Program Opportunity Notice & Invitation to Negotiate
PON2018-01
September 1, 2OI7
Cr Tlansportatlon

MSRC Clean Transpoñation FundingrM
Local Government Partnership/AQMP Jumpstart Program

INTRODUCTION
Since the inception of the MSRC's Clean Transportation Program more than 25 years ago, signif¡cant progress has been made in reducing emissions from motor vehicles, especially as it pertains to vehicle exhaust emissions.

Emissions from motor vehicles, including light, medium, and heavy-duty vehicles, are on the order of 9O% cleaner today as compared to 25 years ago, and overall air quality has improved measurably within the South Coast AQMD.

While measureable progress has been made in reducing vehicle emissions, the South Coast region still fails to meet federally mandated air quality standards. These standards for smog-forming pollutants will become even stricter by year 2023 - only eight years away. According to the South Coast AQMD, air pollutant emissions must be reduced by an additionalT5% in order to meet the 2023 federal ozone standard.

While our air quality challenges are daunting, a roadmap to achieve these mandated reductions in smog-forming pollutants exists. The 2016 Air Quality Management Plan (AQMP) is the regional blueprint for achieving the federal air quality standards for healthful air.

The 20L6 AQMP recognizes the cr,itical importance of working with other agencies to develop funding and incentives that encourage the accelerated transition to cleaner vehicles and mobility strategies. As a means to "jumpstart" the awareness of, and, most importantly, the implementation of proven air quality improvement measures as outlined in the 2016 AQMP, the MSRC is offering to partner directly with cities and counties within the South Coast AQMD on a new, innovative Local Government Partnership Program. This new program emphasizes an accelerated transition to zero and near-zero vehicles along with essential supporting i nfrastructu re.

The Local Government Partnership Program represents an evolution of prior MSRC programs such as the Local Government Match Program. While the Local Government Match Program was successfully implemented for over 17 years, the new Local Government Partnership Program seeks to improve upon the prior program in the following ways:
¡ lncreases participation of cities and counties within the South Coast District -while both the prior Local Match and the new Partnership Program are voluntary, the Local Government PartnershipProgram 5EI5

ASIDE A PRO-RATA SHARE OF MSRC FUNDING FOR EACH CITY AND COUNTY WITHIN THE SOUTH COAST AQMD WHO PARTICIPATE IN THE AB 2766 MOTOR VEHICLE REGISTRATION FEE PROGRAM. o Directly supports implementation of the South Coast District's 2016 AQMP by FOCUSING MSRC INVESTMENTS ON AQMP MEASURES.
o Educates local government leadership on our air quality challenges and the regional blueprint for achieving healthful air for all residents.
¡ Leverages other sources of available funding
This document explains - step by step - how to partner with the MSRC and secure funding to implement clean air projects in your jurisdiction. lt is designed to place a minimum administrative burden on localgovernment staff while having the necessary safeguards built in to ensure integrity of the RB 2766 motor vehicle registration fee programs. Each city and county that chooses to accept the MSRC's partnership offer will be directly

MSRC Clean Transportation FundingrM
Local Government Partnership/AQMP Jumpstart Program
supporting the South Coast District's AQMP measures and will contribute a direct and tangible air pollution reduction benefit to our region.

PARTNERSH P OPPORTUNITY
The purpose of this Program Opportunity Notice and lnvitation to Negotiate is to partner with cities and counties that already part¡cipate in the AB 2766 Subvention Fund Program and to offer MSRC Clean Transportation Funding, also known as AB 2766 Discretionary Funding, as a means to leverage both funds to implement 2016 AQMP measures.

This Local Government PartnershipProgram is unique in that it is a not a competitive procurement -the MSRC has already set aside a pro-rata funding amount for each city and county to participate. This funding allocation is based upon the amount of A82766 Subvention Funds each jurisdiction receives, subject to an adjustment factor explained below. Note that A82766 Subvention Funds are distributed on a population basis as opposed to the number of vehicle registrations within a given jurisdiction.

The 2016 South Coast AQMP places a strong emphasis on accelerating the transition to zero and near-zero motor vehicles. For that reason, this funding opportun¡ty from the MSRC has a focus on zero and near-zero emission vehicles and their supporting infrastructure. However, the MSRC recognizes that smaller jurisdictions that receive a relatively smaller A82766 funding allocation may not be positioned to pursue azero emission fleet transition at this time. For this reason, the MSRC affords smaller jurisdictions greater flexibility to pursue air quality improvement strategies in addition to zero and near-zero emission vehicles and infrastructure. This is explained is subsequent sections of the Program Opportunity Notice. ln addition to the direct air quality benefits that will be achieved through participation in the MSRC Local Government Partnership Program, the MSRC also wants to use this opportunity as a means to educate local governments on the MSRC's mission, the SCAQMD's 2016 AQMP and its air quality improvement measures, and to increase awareness of other sources of incentive funding available to leverage AB 2766 funds and local jurisdictions' general funds to further and more rapidly implement the SCAQMD's clean air roadmap. Thus, a key element of the Local Government Partnership Program is the Education component. Working together, the MSRC and local governments can leverage local, state, and federal funding opportunities to more broadly and more rapidly realize the goals of the 2016 AQMP on a broad, regional basis.

A. How the MSRC Funding is Allocated
MSRC Funding available under the Local Government Partnership Program is allocated to cities and counties on a population basis, subject to the following modifications:
o Cities and Counties that receive an annual allocation of A82766 Subvention Funds less than $50,000 are eligible to receive an MSRC Partnership match of S50,000. Thus, the MSRC increases the amount of funding for small jurisdictions to ensure sufficient funds are available to implement a meaningful air pollution reduction project(s);
Larger jurisdictions that receive a population-based AB2166 Subvention Fund allocation greaterthan or equal to 550,000 are eligible to receive a "dollar for dollar" MSRC funding allocation; 2 a

MSRC Clean TranspoÉat¡on FundingrM
Local Government Partnership/AQM P Jumpstart Program
a The maximum amount of funding any single city or county will receive from the MSRC is 53,000,000; thus, the MSRC Partnership match is capped at S3M.

B. Eligible Project Categories
The following are the eligible project types for which an MSRC Funding contribution can be sought by participating cities and counties. Note that there are two categories of eligible projects - those for cities and counties that are eligible to receive MSRC funding at the 550,000 level, and those cities and counties with larger populations that are eligible to receive a greater pro-rata funding share.

1. Cities and Counties Elieible for an MSRC Fundins Contribution Greater than 550.000: Cities and counties with larger populations are required to propose projects related to the purchase and/or support of zero and near-zero emission vehicles. The following are eligible project categories:

Light-duty Zero Emission Vehicle Purchases or Leases - This supports cities' and counties' acquisition of zero emission light duty fleet vehicles, including battery-electric and fuel cell vehicles.

MSRC funding can be used to fund up to a maximum of 50% of a qualifying vehicle's netl purchase price, or up to S10,000 per vehicle, whichever is less. For the purpose of this eligible project category, "light-duty" is defined as having a gross vehicle weight rating (GVWR) of 8,500 pounds or less.

Medium & Heavy-Duty Zero Emission Vehicle Purchases - This supports cities and counties in acquiring medium and heavy-duty fleet vehicles, including utility vehicles, transit-style electric buses, etc. MSRC funding can be used to fund up to a maximu m of 50% of a qualifying vehicle's net purchase price, or up to 5100,000 per vehicle, whichever is less. For the purpose of this eligible project category, vehicles must have a GVWR of 8,501 pounds or greater.

Near-Zero Emission Heavy-Duty Alternative Fuel Vehicle Purchases & Repowers - This supports cities and counties in acquiring heavy-duty fleet vehicles equipped with an engine certified by the California Air Resources Board to the Optional NOx standard of 0.02 g/bhp-hr. MSRC funding can be used to fund up to a maximum of 5O% of a qualifying vehicle's net purchase price, or up to 525,000 per vehicle, whichever is less. For the purpose of th¡s eligible project category, vehicles must have a GVWR of L4,00L pounds or greater.

Electric Vehicle Charging lnfrastructure (EVSE) lnstallation - including the costs to purchase and install EVSE to support increasing numbers of electric and plug-in hybrid vehicles. For the purpose of this eligible category, the MSRC will contribute:
- Up to 50% of the total EVSE cost for private access EVSE, which is for the dedicated use of the proposing entities(s), and;
- Up lo75% of the cost of publicly accessible EVSE.

Alternative Fuel Refueling lnfrastructure New Construction or Expansion - including the costs to purchase and construct natural gas or hydrogen refueling infrastructure, including expansion of I Purchase price after any manufacturer, federal, and State rebates and incentives a
a
a
a
J

MSRC Clean Transportation FundingrM
Local Government Partnership/AQM P Jumpstart Program
exist¡ng natural gas or hydrogen refueling infrastructure, to support low-emission and near-zero natural gas vehicles and zero emission fuel cell vehicles. Forthe purpose of this eligible category, the MSRC will contribute:
- Up to 25% of the total cost for private access refueling infrastructure, up to a maximum MSRC contribution of S350,000 per station, and;
- Up to 5O% of the cost of publicly accessible refueling infrastructure, up to a maximum MSRC contribution of S500,000 per station.

2. Cities & Counties Elisible for a Maximum MSRC Fundine Contribution of 550,000: Cities and counties with smaller populations as described in Section A may propose to implement any of the zero and near- zero vehicle and infrastructure eligible projects discussed under subsection 1., above. ln addition, smaller jurisdictions are also entitled to request MSRC funds for the following additional eligible project categories:

Traffic Signal Coordination and Synchronization Projects - including arterial corridor traffic signal coordination, multi-jurisdictional traffic signal coordination, adaptive onramp metering, and expansion and limited upgrades to existing traffic management/operations centers.

Bicycle Active Transportation Projects - including the following bicycle projects: a) Class l, ll, and lV bicycle facility installations; b) Bike share programs; c) Bicycle detection system installations at intersections; d) Bike stations, including bicycle lockers and racks; and e) Bicycle Campus projects.

First Mile/Last Mile Strategies - This category is limited to transportation strategies that provide transportation connectivity options to increase utilization of public transportation for the benefit of the general public. Note that this category is not intended to support employee rideshare programs.

When implementing a project(s) from this subsection, jurisdictions are required to provide total project co-funding of at least 50%.

C. Match Funding Requirements - Project Contributions from Participating Cities & Counties As noted above, the MSRC will contribute a portion of an eligible project's total cost - the balance of a project's cost must be borne by the participating city or county. lt is the express desire of the MSRC that participating cities and counties use - to the maximum extent possible - their AB 2766 Subvention Funds as a match to MSRC funds. However, there is no restriction on the source of match funding brought to a project by a participating city or county.

Also, the MSRC encourages participating cities and counties to seek additional sources of incentive funding to augment project implementation. Multiple incentive programs are available at the local, state, and federal level to support the acquisition of zero and near-zero emission vehicles. The goal is to leverage additional funding sources to accelerate implementation of AQMP measures. A listing of relevant additional funding sources can be found on the MSRC's website at www.cleantransportationfunding.org. a
a
a
4

MSRC CIean Transportation Funding rM
Local Government Partnersh¡piAQMP Jumpstart Program
ilt LOCAL GOVERNMENT PARTNERSHIP/AQMP JUMPSTART PROGRAM - REQUIREMENTS &

CONDITIONS
The MSRC's LocalGovernment Partnership Program has been designed to reduce administrative burdens on city and county staff while ensuring conformance to all applicable SCAQMD regulations and MSRC policies. The following requirements and conditions apply to each city and county that chooses to participate in the AQMP Jumpstart Program:
'J.. Earliest Date for an MSRC Co-funded Project to Commence - The release date of this lnvitation to Negotiate, September L,2Ot7, is the earliest date work on a project can commence and be potentially eligible for MSRC funding. This only applies to project implementation costs for which MSRC funding is sought - previous coordination planning or other project components conducted using other funding sources are not subject to this requirement.

Please note that any expenditure made in anticipation of an award of MSRC funding prior to contract execution is solely at the applicant's risk. lf no contract is executed, neither the MSRC nor SCAQMD is liable for payment of any funds expended in anticipation of a contract. Please note that in the event a contract is executed, reimbursement for any costs incurred by the proposer in anticipation of the contract is at the discretion of the MSRC and SCAQMD,

2. Ef igibility Requirements - Cities and counties that have opted in to the AB 2766 Subvention Fund motor vehicle registration fee program are eligible to participate in the MSRC's Local Government Partnership Program. The South Coast AQMD has predetermined the eligibility status of each city and county within the South Coast region. The SCAQMD is the responsible public agency for the disbursement of AB 2766 Subvention Fund revenues.

3. Partnering with Other Jurisdictions - Teaming by cities and/or counties, and the pooling of MSRC Local Government Partnership funds is allowable as a means to implement joint projects of mutual benefit to the participating jurisdictions. Please note that a lead team member must be designated for the purpose of application submittal and contracting. lf desired, multiple cities and/or counties may form a Joint Powers Authority (JPA) for the purpose of application submittal and contracting. Please note that all members of theJPA must meetthe eligibility requirements of the preceding paragraphs. A letterdesignatingthe lead agency and authorizing such agency to act on behalf of a jurisdiction's interests must be submitted from each participating city and/or county as an element of .the project application.

4. Project Completion Deadlines - All projects should be designed such that they can be fully implemented within 60 months of contract execution.

5. Reporting Requirements - The reporting requirements established for the Program are intended to ensure adequate monitoring of the use of public funds, while avoiding the imposition of excessive reporting burdens on the funding recipients. lndividual reporting requirements will be a function of the type of project proposed; however, reporting typically includes quarterly progress reports as well as a concise Final Report.

6. Audit Requirements - ln accordance with state law, all projects funded with MSRC Clean Transportat¡on Funding'" are subject to audit. lt is highly recommended that applicants employ standard government accounting practices when administering their MSRC co-funded project. 5

MSRC Glean Transportation Funding rM
Local Government Partnership/AQMP Jumpstart Program

7. Additional Requirements & Conditions on MSRC Local Government Partnership Program Funding o Projects funded under the MSRC Local Government Partnership Program are not eligible to receive additional MSRC funds under any other current or future MSRC Work Program solicitation; ¡ Projects awarded MSRC funding under a previous Work Program are not eligible to receive additional MSRC funding under this Program;
¡ MSRC funding over and above the original contract amount will not be available for any reason, including project cost overruns. Participating cities, counties, and JPAs must use funding sources otherthan MSRC funds to cover foreseen or unforeseen project cost increases; ¡ Project management costs necessary to implement demonstration projects are allowable; however, the MSRC reserves the right to reduce or delete project management costs that appear excessive; ¡ MSRC funds will be distributed on a reimbursement basis upon completion of the approved project milestone and submittal of all required reports and invoices; ¡ Certificate of lnsurance or Letter of Self lnsurance - All cities, count¡es, and JPAs that accept an MSRC funding award must provide a Certificate of lnsurance or Letter of Self lnsurance within 45 days of notification of a funding award.

IV HOW TO PARTICIPATE - STEP BY STEP INSTRUCTIONS
ln order to participate in the MSRC Local Government Partnership Program, jurisdictions must complete the following Program Application steps:

1.. Participate in the MSRC Hosted Applicant Workshop/Webcast - this webcast will explain in more detail the requirements to participate in the MSRC's Local Government Partnership/AQMD Jumpstart Program. Note that participation in the webca sT is voluntory; however, participation is encouraged.

The webinar will take place on Tuesday, October 3 at 10:00 am. Access information will be posted on the MSRC website pr¡or to the meeting. Alternatively, prospective participants may attend in person in Conference Room GB at the SCAqMD headquarters at 21865 Copley Drive, Diamond Bar, California.

2. Download the MSRC-provided PowerPoint Presentation from the MSRC Website at www.Cleantransportationfunding.org. This brief presentation must be presented to each participating City Council or Board of County Supervisors to be eligible to receive MSRC funding.

3. Obtain a Resolution or Minute Action Documentation - All applications submitted under the Local Government Partnership Program must include a copy of an approved Resolution or Minute Action from the City Council or County Board of Supervisors of the lead agency that:
a) Acknowledges receipt of the MSRC-supplied presentation from city or county staff; b) Authorizes the proposed project; and
c) Allocates the necessary matching funds.

4. Prepare a Project lmplementation Plan - This application element outlines the specific projects or programs for which MSRC funding is sought, subject to the eligible project categories outlined in Section 6

MSRC Clean Transportation FundingrM
Local Government Partnership/AQMP Jumpstart Program
ll.B, above. The information provided will be the primary source material for the development of a sole- source contract Statement of Work.

5. Proposed Budget - This application element delineates how the participating city or county proposes to invest their allocation of MSRC Clean Transportation Funding'" in support of eligible AQMP measures.

It is preferred that cities and counties provide cost information at the "per project" level. Note that the goal of the MSRC is to significantly leverage Clean Transportation Funding'"; thus, participating cities and counties are encouraged to maximize the use of other funding sources to expand project scope and accelerate implementation of South Coast AQMP measures.

6. lmplementation Schedule - This final application element requests the su bmittal of a schedule depicting keymilestones,anticipatedprojectcompletiondates,etc. ThegoaloftheMSRCistohaveallprojects completed within 60 months of contract execution.

V APPLICATION SUBMITTAT
Applications to participate in the MSRC's Local Government Partnership Program can be submitted by a city, county, or eligibleJPA between the dates of September L,2Ot7 and March 2,2018. As this is a sole source solicitation, the MSRC reserves the right to modify the proposal acceptance period at their discretion, including granting additional proposal preparation time without penalty.

Applications must be submitted electronically in PDF format using the MSRC Website. We believe this benefits the applicant, the MSRC staff, and the environment. A tutorial has been developed to walk applicants step by step through the electronic application submittal process. This tutorial is available on the MSRC Website at www.cleantransportationfunding.org. Look for the tutorial on the "Proposal Process - Upload Proposal" page.

VI PART¡CIPAT¡ON APPLICATION REVIEW, ACCEPTANCE, & CONTRACTING A Subcommittee of the MSRC Technical Advisory Committee (MSRC-TAC) will evaluate each application received for conformance to Program requirements. The Subcommittee will make recommendations to the full MSRC- TAC, who will in turn advise the MSRC. Upon approval by the MSRC, a sole-source contract will be negotiated between the SCAQMD on behalf of the MSRC and each participating city, county, and JPA. Applications will be evaluated as received.
lf you have any questions regarding this funding opportunity or this Program Opportunity Notice and lnvitation to Negotiate, please contact one of the MSRC staff members listed below:

Cynthia Ravenstein
Cravenstein@aq md.eov
(909) 396-3269
Ray Gorski
[email protected]
(eoel396-2479
7

ATTACHMENT 2
MSRC Local Government Partnership
Program Presentation

CFunding from lhe MSRC
Mobilô Source A¡r P€llul¡on Qeducllon R€vlêw Cornmiltee

LOCAL GOVERNMENT PARTNERSHIP PROGRAM
A Funding Opportunity to lmprove Air Qual¡ty
in Your Community
Þcr
cr
Þo
o
Þ
rT
N)

Mobile Source Air Pollution Reduction Review Committee, aka "The MSRC'
The MSRC was Established by the California Legislature in L990
Sole Mission is to lnvest Funds to Reduce Air Pollution Generated by Mobile Sources (i.e ., cãrs, trucks, buses, etc.) Ò Funds Generated by Surcharge on Motor Vehic:le Registrations T
The MSRC Works Closely with the South Coast Air Quality Management District; However, the MSRC ¡s NOT a
Regu latory Agency
Ò The MSRC Invests in Clesn Air Projects thqt Support SCAQMD Objectives & Priorities
Crcan TransportatlonFunding from lhe MSRC

SIGNIFICANT AIR QUALITY CHALLENGES IN
OUR REGION...

AecoRDlNG TO THE SOUTH COAST AQMD...

South Coast Region is EXTREME NON-ATTAINMENT for OZONE
Ozone Causes RESPIRATORY AILMENTS and is a Primary
Component of 5MlÕ6
Crcan TnansportatlonFunding from lhe MSRC
Extreme
Moderate
Serious
Serious
Extreme
Extreme
75 ppb
tzVglnf
rs ¡rg/rf
80 ppb
12o ppb
2fn6 24+our PM2.5
2OlIAnnu¡¡FM¿s
2fn88.hflrrû¿orn
lftlt7 8.hÕurOzorn
t9?9 l-h$urOzone
Latest Attainrnent
YearConcentrationStandard Classificåtion

MANDATORY AIR POLLUTION REDUCTIONS
ARE NEEDED fI'OW...
5m
5m
4m
3m
2m
1m
{tâ
a,È
oF
\t
Basin Total NOx Emissions
ì +
¿t5tÉ
Re*¡cdoo 55tÉ
f,¡ûrtim-
0 ^,dl"d}"s}rÉd-"drf "rd"$.""dÞ"dF.rd"rdF"d"s,."d".,*rd"d,."dl ¡ Baseline I Carrying Copscíty
r NOx is a Precursor to Ozone (SMOG) Formation...
t From Todøy's Levels - NOx Emissions Need to be Reduced 45% by 2O23 - Thøt's Only o Few Yeørs Awøy...

C¡can TrnansportatlonFundinE lrom lhe MSRC

HOW DO WE REDUCE NOx EMISSTONS BY 45%?
By Implementing the
Clean Air Measures
Outlined in the South Coast
AQMD's 2016 A¡r Quality
Management Plan
The AQMP is the Roadmap for How to Meet Our Mandated
Crcan Transportatlon

SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT
FINAL 2OI6

AIR QUALITY MANAGEMENT PLAN
g
mwH
Glean Air Obligations
Funding from lhe MSRC

THE MSRC IS PARTNERING WITH THE SOUTH COAST
AqMD AND WANTS TO PARTNER W|TH yOLl...
...To lmplement High Priority AQMP Strategies
./ AQM P includes Traditional Regulatory Measures & lncentive-based Strategies
,/ lncentive-Based Programs will Accelerate the lntroduction of Key AQMP Technologies including Zero & Nea r-Zero Emission Vehicles The MSRC Has Reserved lncentive Funding for Your
Jurisd¡ction under the Local Government Partnership
Program
CrcanFunding ¡ fom lhe MSRC

This is a great opportunity to receive funding to
implement projects your jurisdiction needs to be
part of our clean air future
Participation is LOO% voluntary
Funding is already reserved for your jurisdiction
Please ask your staff to work with the MSRC to
develop projects that jumpstart implementation of
the AQMP & help ¡mprove air quality for all
residents
Crcan TrransportatlonFunding from lhe MSRC

Staff Report
November 2, 2022
ATTACHMENT 2
Sourcewell Quote

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QUOTATION
NO.11232R1

CITY OF MONTEREY PARK
!20 W NEWMARK AVE
I'ONTEREY PARK, CA 9I
'54.2198 SOURCEWETI MEMBÉR ID NO.
'92'2
OATE: 7n5nÙ22
IERMS: NET 30
F-O.B: FRESNO
MFG PRODUCÎ SEE SELOW
BELOW
5'l 53,1-00
602,t-00
5054(L00
543740
5437.00
5015G24
MODS4T
5(Þ35-00
5063F10
700s36
7000-20
2001-t0
coMP-02
702041
MODS-10
5396-00
702441
50640{0
7t 0Gt 1
't 30-0E
7807-00
MODS-23
6SS240
695458V
MOD9.36
8t-t-'t0G15
MODg73
5532G.35
5438-00
CUSTOM
597&30
PE TOADER COIIIRACT NO,052,11l+BL
SO{'RCEWEI.I CONÍRACI - LI:¡TED PRICES
PATCHER BOX T ACCESSORIÊS
MODEL &4 (4 CUB¡C YARD CAPACITÐ

ABOVE MOOEL EOUIPPED WTH RADIANT HEATER,
THERMG9TAÏCALLY CONTROLLED LPG BURNER, }íYDRAULIC
TOP LIDS AND DOORS. MODEL 310 SHOVELING APRON,
NTEA CLASS 50 HOIST, HAND IORCH, 25 GAL. LPG IANK

INSTALLATION AND PAINT BLACK
THÊRMOMÊÎER GæO

SOLVENT PUMP &WANO
HOSE REEL.3/E" X 25'FOR SOLVENT
HOSE REEL.98'X 25'FOR TORCH
sPotls BtN 24'- 2/3 S|ZE
.1
2' \i\¡ORK PLATFORM/CATWALK \i\ôTH I{AND RAILS AND LAODERS cAB CONTROLS CrOP L|DS)

DUAL CONTROLS
tooL Box 36'

TOOL BASKET
STAINLES$STEEL SPRING ASPHALT LUTE HOLDER
AIR COMPRESSOR & EOUIPMENl
ABOVE DECK AIR COMPRESSOR. SULLIVAN PALATEK MODEL
olSsUDZAIR-COOLED ROTARY SCREWCOMPRESSOR PROOUC|Nc 185 CFM @ 100 PSIG, E0'LG X 35'WX 55.39'H, TIER ¿l OIESEL ÊNGINE, ruúN SCREWAIR END, 11/rO (2) 3y,t. SERVICE CONNECÌIONS, 25 GAL. STEEL FUEL IANK, OIGITAL READoUTS FOR: COMPRESSOR TEMPERATURE, ENGINE OIL PRESSURE.

ENGINE TEMPERAIURE, VOLIMETER, TACHOMEÎER, FUEL LEVEL, LOWFUEL WARNING AND SHUTDOIA/N, AIR RECEIVER, FLOWCONTROL VALVES ANO II+,LINE LUBRICATOR.

AIR HAMMER APT 90* WASPHALT CUTTER AND TAMPER PAD

FRONT BUMPER AIR VANAIR OUTLET
HûSE REEL - 3/4'X 50'FOR AIR HAMMER

LOCKABLE HAMMER HANGER
COMPACÍOR PLATE . MBW - AP2OOOH
8 GAL POLY WATER TANK W IO' HOSE & SPIGOÎ
V'/TIELEN MODEL L31HAF STROBE WL3ôOBGB BRANCH GUARD
VV}IELEN LED MICRONS MCRNSA
VTIIELÊN sOOV LED 5V3A
ECCO K¡0008 BACKUP CAMÊRA SYSTEM (MONITOR + 1 CAM)
TRUCK COOLING SYSTEM, YSTRAINER. FILT EASKET.

HYDRAULICALLY POI,ì/ERED, 15 GAL. SOLVÉNTTANK, E5 GAL.

EMULSION, WAND WTH 25' HOSE, AUXILIARY ELECTRIC HEAT
SYSÌÊM, INSTALLATION AND PAINT BLACK

DRAW OFF VALVE
BOLT.ON CLEAN-OUT FOR BH EMULSION TANK
HOSE REEL. 1/2" X 25'FOR EMULSION
MARKÊT PRICED ITEMS
BEHIND CAB UGHI RACK FOR L3I BEACONS
'l 12 CHASSIS 3,1,000 GV\ ,R, CUM LoN 300 HP, ALLISON
EOUIVALENT, LEAF SPRING SUSPENSION, STEEL W{EELS. PAINT \A/I-IITE.

NOTES:

1.LEAD TIME FOR BODY PRODUCTION IS ,I20 DAYS. WTH AN ADOIÍIONAL 12G.I50

OAYS TO INSTALL AFTER RECIEPT OF CHASSISAND BODY,

2. PB LOAOER REQUIRES A 168'CAB TO AXLE, REOUIREMENI MUST BE MUTUALLY AGREEO UPON WIH PB LOADÊR PRIOR TO OROÊRING THÊ CHASSI6. PB LOAOER

WLL NOT BE RESPONSIBLE FOR FRAME CHANGES DUE TO INSUFFICIENI CHASSIS FRAME SPACÊ.

3. LEAD ÍIME SUBJECT TO CHANGE AT TIME OF ORDER

4. C¡I]{SSIS REQU'RES PTO AND AUXILIARY SI/VITCHES IN OASH.

5. DELIVERY DATE FOR CHASSIS TO PB LOAOER MUST BE MUIUALLYAGREEO UPON 5'AIR BLOWWANO
MARKÊT PRICE CHA6SIS
UGH'S¡ ¡I SAFETY EOUIPMENÎ
W.{ELEN TA45B72 (LÊD) 72'WDE

EMULSION AYSIEM A ACCESSORIES
PB MODEL BH-,IOS,I5 EMULSION SPRAY
COi,IPACTOR UFI & ACCE9SORIES

COMPACTOR LIFT PLATFORM - HYDMULIC
lotAL t fltH
ÎRAFFIC ADMSOR W/ TACTLS CTRL

UNIT HEATED BY
AUB TOTAL:
3t6 AOURCE$rEt!
WTH PIO PROVISIOII,60 DIESEL GÂLLON
2023
t1,704.00
$s73.00
$803.00
6140.00
wz5,4u5.w
$2,000.00
$E2,r74.00
w{.00

31.379.00
¡477.O0
s477.00
$2,066.00
s2.556.00
s€60.00
$1,E89.00
t1.002.00
¡837.00
62E0.00
¡47,757.00
¡2,328.00
¡853.00
$1,05f.00
t333.00
$3,128.00
s3,220.00
$376.00
u,9E8.00
$,40a.0o
sl,14{t.00
t3,212.00
s96s.00
$12,150.00
¡537.00
$179.333.00
(9s,379.00)
t1,035.00
$616.00
$1,f9,E00.00
¡76,t.00
$816.00
PB Loader Corporation
5778 W. Barctow . Fresno, California 93722-5024. Telephone (5591277-7370 . Fax (5591277-7375 Tollfree 800-350-8521 . Web www.pbloader.com

t- 1t-''
ogt

QUOTATION
NO.11232R

CITY OF MONTEREY PARK
320 W NEWMARK AVE
MONTEREY PARK, CA 91754.2896
SOURCEWELL MEMBER ID NO. 39242
DATE: 6t3t2o22
TERMS: NET3O
F.O.B: FRESNO
lvlFc PRODUCT: SEE B€LOW
1 I
1 2
1 I
I
1 1
1 1
1 1
1 2
1 1
1 1
I
1 1
15l 534-00
6024,00
50560-00
5437{0
5437{0
50150,24
MODS€t
50635-00
s0635-10
7000,36
7000-20
2001-1 0
coMP-02
702011
MODS- t0
539640
7024-O1
5oat0-00
7100-1 1
130-08
7E0740
MODS-23
695-2,10
695-05EV
MODS-36
MODS-73
55320-35
s¡l3E{0
BH-100-1 5
CUSTOM
5978-30

PATCHER BOX & ACCESSORIES
MODEL 84 (4 CUErC YARD CAPACtfY)

ABOVE MODEL EQUIPPED WIIH RADIANT HEATER,
fHERMOSTATICALLY CONTROLLED LPG BURNER. HYDRAULIC
IOP LIDS ANO DOORS. MODEL 316 SHOVELING APRON,
NTEA CLASS 50 HOIST. HAND TORCH. 25 GAL, LPG TANK.

INSTALTATION AND PAINT BLACK
THER¡¡OMETER O.30O

SOLVENT PUMP & WAND
HOSE RÉEL - 3/8" X 25'FOR SOLVENT
HOSE REEL - 3/8" X 25'FOR TORCH
sPotLs atN 24" -23 stzE
12" WORK PLAÍFORM/CATWALK WIIH HAND RAILS ANO LADDERS
cAB CONTROLS CÍOP LtDS)

DUAL CONTROLS
TOOL BOX 36"
TOOL BASKEf
STAINLESS.SfEÉL SPRING ASPHALT LUIE HOLDER
AIR COMPRESSOR & EOUIPMENf

ABOVE OECK AIR COMPRESSOR, SULLIVAN PALATEK MODEL
D1 65UDZ AtR-COOLED ROTARY SCREW COMPRESSOR PRODUC|NG 185 CFM @ IOO PSIG, 80" LG X 35" W X 55,39" H, TIER 4 DIESEL ENGINE. TwlN SCREW AIR END, IWO (2) 3/4" SERVTCE CONNÉCTtONS,25 cAL. STEEL FUEL TANK, OIGITAL READ-OUTS FORi COMPRESSOR TEMPERATURE. ENGINE OIL PRESSURE.

ENGINE TEMPERATURE, VOLTMETER, TACHOMETER, FIJEL LÉVEL, LOW FUEL

WARNING AND SHUTDOWN, AIR RECEIVER, FLOW CONTROL VALVES AND IN-LINE LUBRICAIOR.

AIR HAMMER APT 90# W/ ASPHALT CUTTER AND TAMPER PAD
FRONT EUMPER AIR VANAIR OUTLÊI
HOSE REEL.3,/4'X 50'FOR AIR HAMMÊR

LOCKABLE HAMMER HANGER

COMPACTOR UFI & ACCESSORIES

COMPACTOR LIFT PLATFORM - HYORAULIC
COMPACTOR PLATE . MBW - AP2OOOH
8 GAL POLY WATER fANK W/ 10'HOSE & SPIGOÍ

UGHTS & SAFETY EOUIPMENT
WHELEN T445872 (LED) 72- W|OE TRAFFTC AOVTSOR w/ TACTLs CTRL WITELEN MODEL L31HAF STROBE WL36OBGB BRANCH GUARD

WHELEN LED MICRONS MCRNSA
WHELEN sOOV LED 5V3A
ECco K70008 BACKUP CAMERA SYSTEM (MONITOR + 1 CAM)

EMULSION SYSTEM & ACCESSORIES
PB MODEL BH-1OO-15 EMULSION SPRAY UNIf HEATEO BY

TRUCK COOLING SYSTEM, Y STRAINER, FILL BASKET,
HYDRAULICALLY POWERED. 15 GAL. SOLVENT TANK, E5 GAL,
EMULSION. WAND WTH 25'HOSE, AUXILIARY ELECIRIC HEAT

SYSTEM, INSTALLATION AND PAINT BLACK

DRAW OFF VALVE

BOLT-ON CLEAN-OUT FOR BH EMULSION TANK
HOSE REEL . 112" X 25' FOR EMULSION

MARKET PRICED IIEMS
BEHIND CAB LIGHT RACK FOR 131 EEACONS
5' AIR BLOW WAND
NOTES:
,I.LEAO TIME FOR BODY PRODUCTION IS 120 DAYS. WÌH AN ADOITIONAL I20-150 DAYS TO INSTALL AFTER RECIEPf OF CHASSIS AND BODY

2. PA LOADER REQUIRES A 168" CAB TO AXLE. REQUIREMENT MUST 8E MUTUALLY AGREEO UPON WITH PB LOADER PRIOR fO ORDERING IHE CHASSIS, PB LOADER W¡LL NOT BE RESPONSIBLE FOR FRAME CHANGES DUE TO INSUFFICIENT CIIASSIS FRAME SPACE.

3. LEAD TIME SUBJECT TO CHANGE AT TIME OF ORDER

4. CHASSIS REOUIRES PTO AND AUXILIARY SWITCHES IN DASH. 5, DELIVERY DATE FOR CHASSIS TO PB LOAOER MUST BE MUTUALLY AGREÊD UPON tkvlid6 eeåødde

MARKET PRICE CHASSIS
2023 FORD F.750 CHASSIS 33,OOO GVWR. 7.31 V8 GASOLINE 335HP ENGINE.

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City Council Staff Report
DATE: November 2, 2022
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: Professional Service Agreement with AKM Consulting Engineers for On- Call Engineering Services
RECOMMENDATION:

It is recommended that the City Council consider:

1. Authorizing the City Manager to execute a 3-year professional service agreement with AKM Consulting Engineers, 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 an on-call professional services agreement with AKM Consulting Engineers (AKM) for on-call water and sewer engineering services. AKM is an experienced firm with expertise in planning, design, and construction management of water, recycled water, and wastewater projects. Through its work on the City’s Water Master Plan update, AKM has become a subject matter expert on the City’s water system and infrastructure, making them the most qualified firm to meet the City’s current needs.

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

BACKGROUND:

The Public Works department is responsible for completing the City’s Capital Improvement Program (CIP) and also reviewing all private residential and commercial development projects. Due to the complexity of certain projects and the increased demand on Public Works for other unplanned, high-priority, and sometimes emergency projects, the City contracts with outside professional firms for assistance with various engineering services. Staff recommends adding AKM as an on-call engineering firm for support with water and sewer hydraulic modeling to support system evaluations for new development and/or changes to land uses. Other possible tasks may include feasibility studies, fire flow monitoring, sub-area master plans, model maintenance, update of water and sewer GIS, preparing and/or updating guidance documents, and any other related municipal engineering support. Services would be provided on an as-need basis and each individual task order will not exceed $60,000.

AKM currently supports other public agencies such as the City of Signal Hill, City of Camarillo, West Basin Municipal Water District, and Montebello Land & Water Company.

It is a knowledgeable and well-respected engineering firm. Staff has recently worked with Consent Calendar - 3F

Staff Report
November 2, 2022

AKM on the development of the City’s Water Master Plan Update. During this project, AKM staff was professional and provided excellent performance. AKM personnel also became subject matter experts on the City’s water system and infrastructure. For this reason, staff recommends AKM as the most qualified firm to meet the City’s needs in water and sewer engineering services.

FISCAL IMPACT:

AKM will be used on an as-needed basis and paid out of the project budget as it is assigned. In addition, costs for any services provided to review development projects would be passed on to the private developers. Attached to this staff report is AKM’s proposal which includes its rate sheet.

Respectfully submitted by: Prepared by:

Shawn Igoe
Director of Public Works
Xochitl Tipan
Principal Management Analyst
Reviewed by:

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

Ron Bow
City Manager
Karl H. Berger
City Attorney
ATTACHMENT(S):

1. AKM Proposal: On-Call Water and Sewer Engineering Services

Staff Report
November 2, 2022
ATTACHMENT 1
AKM Proposal

Wate
r Resources
Infrastructure
Construction Management
AK
M Consulting Engineers
553 Wald
Irvine, CA 92618
Telephone: 949.753.7333 Facsimile: 949.753.7320
www.akmce.com
AKM Prop. 22-1103 1
October 3, 2022
City of Monterey Park
320 W. Newmark Avenue
Monterey Park, CA 91754
Subject: Proposal to Provide On-Call Water and Sewer Engineering Services In response to your request , AKM Consulting Engineers (AKM) is pleased to submit this proposal to provide on-call water and sewer engineering services for the City of Monterey Park (City). Our proposal reflects our understanding of the scope of work based upon the discussions with City staff. Contact information for this proposal is:

Diann Pay, P.E., Principal - AKM Consulting Engineers, Inc. - 553 Wald, Irvine, CA 92618 Phone: 949-753-7333 – FAX: 949-753-7320 – email: [email protected] Included in our proposal are the following items: Executive summary, table of contents, identification of proposer, staffing resources , experience and technical competence, proposed method to accomplish work, fee schedule, sample insurance certificate and resumes.

AKM, a Small Business Enterprise, has assembled a Project Team with extensive experience and expertise in all facets of planning, design, and construction management of water, recycled water, and wastewater projects. We work exclusively on public agency water resources projects. AKM has a long and distinguished record of providing on-call professional services to public agencies, and pledges the timely deployment of resources to successfully undertake any task that the City may assign. Our proposal will be valid for 12 months from the date of this submittal.

We appreciate the opportunity to submit our proposal and look forward to being of service to the City of Monterey Park on this most important project. Should you have any questions regarding our submittal or require additional information, please do not hesitate to contact the undersigned.

Sincerely,
AKM Consulting Engineers
Di
ann Pay, P.E.

Principal Engineer

Ci ty of Monterey Park
On-Call Water and Sewer Engineering Services
AKM Prop. 22-1103 2
SECTION 1: EXECUTIVE SUMMARY
The C
ity of Monterey Park (City) owns and operates its own potable water and sewer systems. The City has requested a proposal for On-Call Engineering Services for water and sewer hydraulic modeling primarily to support system evaluations for new development and/or changes to land uses. Other possible tasks may include feasibility studies; fire flow monitoring; sub- area master plans, model maintenance, update of water and sewer GIS; and preparing and/or updating guidance documents. Services will be provided on an “as-needed” basis with individual task scopes developed and authorized over the term of an agreement.

AKM Consulting Engineers (AKM) has been in business for over 32 years. Master Plans, hydraulic modeling, and planning projects have always been a core part of AKM’s scope of services, as it has always been considered and essential part of owning and operating water and sewer systems. We understand the importance of modeling systems and using the models to predict how and if a system will be able to accommodate future developments or changes in operations. We have had multiple on- call engineering contracts over the years and have helped clients with their planning studies and decisions.

The proposal sections are as follows:

Section 1: “Executive Summary” summarizes the content of this submittal.

Section 2: “Identification of Proposer” provides AKM’s company information.

Section 3: “Staffing Resources” describes staffing of the project, key personnel, our Project Team Organization, resumes, and brief biographies of staff who will work directly with the City.

Section 4: “ Experience and Technical Competence” describes the Project Team’s experience and technical competence. This section also includes a description of AKM’s scope of services, on- call services contracts, five (5) references for whom AKM provided similar services, AKM’s local experience and knowledge of the City, and a description of the t hree (3) most relevant contracts held by AKM within the last five years.

Section 5: “Proposed Method to Accomplish the Work” describes AKM’s technical and management approach to provide on -call services to the City. A sample proposal for an on-call services sewer study is included.

Section 6: “Fee Schedule” contains AKM’s hourly rate schedule for the next five (5 ) years, as well as charges for out of pocket expenses, subcontractors, and mileage.

Section 7: “Sample Insurance Certificate” includes AKM’s current insurance coverage.

Section 8: “Resumes” are provided for the primary engineering staff TA

BLE OF CONTENTS

SECTION PAGE
Cov
er Letter .............................................................................................................................................................................. 1

1. Executive Summary .................................................................................................................................................................. 2

2. Identification of Proposer ......................................................................................................................................................... 3

3. Staffing Resources .................................................................................................................................................................... 3

4. Experience and Technical Competence ................................................................................................................................... 5

5. Proposed Method to Accomplish Work ................................................................................................................................... 10

6. Fee Schedule .......................................................................................................................................................................... 12

7. Sample Insurance Certificate .................................................................................................................................................. 13

8. Resumes ................................................................................................................................................................................. 13

City of Monterey Park
On-Call Water and Sewer Engineering Services

AKM Prop. 22-1103 3

SECTION 2: IDENTIFICATION OF PROPOSER
AKM, a SBA Certified Small Business Enterprise, is a multi -disciplined professional organization that specializes in providing water resource infrastructure engineering and related services to public agencies. AKM has a current staff of thirty (30). The scope of services offered by AKM includes all facets of planning, design and construction management and inspection of public works infrastructure. The focus of our experience is within Southern California, and all key project team members are fully acquainted with the local and regional issues affecting the planning, design and construction of water resources infrastructure in the area. This, along with the technical and managerial depth of the team, will ensure the successful implementation the project. Firm information is as follows:

QUALIFICATIONS
AKM Consulting Engineers, by virtue of its extensive relevant experience, specialized training, local knowledge, and technical competence, can provide the City with high quality engineering services, quickly, and at a lower overall cost than our competitor s. Our staff members possess experience directly related to all facets water, recycled water, and sewer facilities including wells, treatment plants, pipelines, pumping facilities, and storage facilities.

Because AKM is a full service engineering firm, our team has an extremely well rounded background in all facets of public infrastructure engineering, many having worked on multiple design and master planning assignments. This level of experience enables our team to approach construction projects on a much deeper level since they understand design and overall planning implications on City infrastructure and systems as a whole.

Full client satisfaction is a corporate commitment at AKM. This is reflected in a very high repeat client base (over 90%), our st anding in the industry as a premier public infrastructure engineering company, low insurance rates, and a very stable work force.

SECTION 3: STAFFING RESOURCES
AKM Consulting Engineers provides an in-house multi-disciplinary staff of professionals who are recognized specialists in their areas of expertise. The key staff members proposed for the On- call Water and Sewer Engineering Services project have superb technical training and academ ic backgrounds. Furthermore, they regularly attend technical seminars to keep abreast of the professional developments in their fields.

The organization of our Project Team is illustrated in the chart to the right. Zeki Kayiran will serve as the principal in charge and quality control manager. Diann Pay, Jon Nitta, and Haly Herrera will be the three persons principally responsible for working with the City. Diann Pay will serve as the project manager for the various assigned tasks. Jon Nitta and Haly Herrera will serve as the project engineers. AKM also has several staff engineers that will be assigned to tasks as needed. Brief descriptions of each team member’s experience are provided in this section.

Resumes can be found at the end of the proposal.

The following subconsultants may be called upon to perform the following functions, as needed:
a. DCSE (dcse.com) – GIS Services
b. ADS Environmental (adsenv.com) – Flow Monitoring Services c. Empire Pipe Cleaning and Equipment (empirepipcleaning.com) – Closed Circuit Television Inspection Services
Legal Name of Firm AKM Consulting Engineers, Inc. - 553 Wald, Irvine, CA 92618 Year Firm Established 1990
Contact Information Ms. Diann Pay, P.E. (Principal) – [email protected] Telephone: 949-753-7333 Fax: 949-753-7320
General Description California Corporation Business License No. C1569366 Federal Employer ID: 33-0422066
DIR Number: 10000059371
Number of Employees 30

City of Monterey Park
On-Call Water and Sewer Engineering Services

AKM Prop. 22-1103 4

Zeki Kayiran, P.E. | Principal-in-Charge and Quality Control Manager Registration: RCE, CA (C29330)

Zeki Kayiran, P.E., will be the Principal-in-Charge and Quality Control Manager . He will be the responsible representative of AKM. In this capacity, Mr. Kayiran will provide project technical oversight and management direction. His responsibilities will include:
 Exploring innovative technical approaches from the beginning of the project.  Providing technical guidance to the project team throughout the project.  Collaborate in resolving technical issues.
 Review submitted work to ensure its accuracy and timely completion.  Coordination with Project Manager.

Mr. Kayiran has over 48 years of water resources engineering experience including 46 water and recycled water master plans; 38 wells; 44 water and recycled water pump stations; 60 sewer pump stations, 16 reservoirs; 25 pressure reducing stations; over 1,000,000 feet of transmission and distribution pipelines; and 15 treatment plants.

His background has a blend of consulting engineering and academic experience, which includes part -time instruction in fluid mechanics and hydraulic design at California State University, Long Beach; and in water system planning, and well and treatment plant design for UC Irvine’s Senior Project Design class. He has served as the Principal in Charge on numerous projects for the City.

DIANN PAY, P.E. – Project Manager
Professional Registration: Registered Civil Engineer, California C60298; NASCCO PACP, MACP, LACP (U-1003-947)

Diann Pay, P.E., an AKM Principal, serves as the Company’s Director of Planning. She has served as Project Engineer or Project Manager during the preparation of twenty -nine (29) water master plans and master plan updates, and twelve (12) recycled water master plans/updates. She developed calibrated models for nearly all of these projects, including water quality models for some. She has also been responsible for conducting hydraulic analyses leading to pump selections for wells and pump stations, pressure reducing station valve selections, development of operational procedures for scheduled shutdown of major sources of supply; preparing model user manuals and training agency staff in model development and use; and conducting special studies as needed by AKM clients. Her planning group at AKM maintains the hydraulic water models and sewer models for multiple clients in Southern California. Ms. Pay is a NASSCO Certified pipeline, manhole, and lateral assessor. She is the project manager for the City’s 2022 Water Master Plan project..

Ms. Pay will serve as the Project Manager for the various assigned tasks. She will ensure that adequate and appropriate resources shall remain available to the project for the entire duration. She will participate in the overall schedule and project development process and will be available to contribute in all project -related matters.

JON NITTA, P.E. – Project Engineer, Water and Sewer Studies Professional Registration: Registered Civil Engineer, California C69987 ; NASCCO PACP, MACP, LACP (U -1106-4046)

Jon Nitta, P.E. is an expert in developing calibrated models of water, recycled water, sewer, and stormwater systems, master planning, and conducting special studies with the use of the models. He has served as Lead Engineer or Project Engineer during the preparation of fourteen (14) water master plans and master plan updates, and five (5) recycled water master plans/updates. He has conducted hydraulic analyses leading to pump selections for wells and water and stormwater pump selections, developing operational procedures for scheduled shutdown of major sources of supply; and utilizing the models for selecting sampling sites for Initial Distribution System Evaluation (IDSE) in compliance with the Stage 2 Disinfectants/Disinfection Byproducts Rule. He is a NASSCO Certified pipeline and manhole assessor. He has been responsible for the design of water pump stations, as well as pipelines and treatment facilities. Mr. Nitta will serve as a Project Engineer for the various water and sewer related tasks.

City of Monterey Park
On-Call Water and Sewer Engineering Services

AKM Prop. 22-1103 5
HALY HERRERA, PE – Project Engineer, Water and Sewer Studies Professional Registration: Registered Civil Engineer, California C92354; NASCCO PACP, MACP and LACP Certified [U -1014- 06022537]

Haly Herrera is a Senior Engineer with AKM Consulting Engineers. She has specialized in the planning of water, recycled/non-domestic water, and sewer systems. She developed and calibrated the system models, performed hydraulic analyses, and developed recommendations for improvements for the Moulton Niguel Water District, Irvine Ranch Water District, City of Norwalk, Mesa Water District, East Orange County Water District and Montebello Land and Water Company’s potable water/recycled water/sewer models. She completed condition assessment and asset management assignments for Irvine Ranch Water District, Moulton Niguel Water District, East Orange County Water District, and Long Beach Water Department. She conducted condition assessment of Irvine Ranch Water District’s wastewater collection system facilities, including the pump stations, prepared likelihood of failure and consequence of failure analyses usi ng Infomaster, and prioritized the
repair/rehabilitation/replacement projects. She will serve as a Project Engineer for the various water and sewer related tasks.

SECTION 4 : EXPERIENCE AND TECHNICAL COMPETENCE

SCOPE OF SERVICES
The scope of services offered by AKM includes all facets of planning, design and construction management/inspection for potable water, recycled water, wastewater, and stormwater projects. We have a long and distinguished record of providing on- call services to public agencies, including the City of Monterey Park. A full listing of services offered by AKM is as follows:

POTABLE WATER, RECYCLED WATER, WASTEWATER, AND STORMWATER  Master Plans
 Water Treatment
 Water Reclamation
 Odor Control
 Solids Handling
 Outfalls
 Collection Facilities
 Pump and Lift Stations
 Storm Drains and Channels
 Detention Basins
 Permitting and Regulatory Compliance
 Pipeline and Transmission Facilities
 Wells
 Storage Facilities
 Deficiency Reports and Inventories
 Condition Assessment
 Capital and Facilities Plans
 Improvement Plans
 Hydraulic Analysis
 Hydraulic Structures
 Reservoirs and Lakes
 Water Quality

PLANNING
 Project Planning
 Potable Water, Recycled Water, Wastew ater, and
Storm Water Master Plans
 Facility Planning
 Economic and Financial Planning
 Conjunctive Use Planning
 Sewer System Management Plans (SSMP)
 Rate Studies
 Urban Water Management Plans
 Water Supply Assessments

TECHNICAL SERVICES
 Supervisory Control and Data Acquisition (SCADA)
 Geographic Information Systems (GIS)
 Operations and Maintenance
 Scheduling
 CADD (Microstation, AutoCAD)
 Expert Witness

CONSTRUCTION SUPPORT
 Contract Administration
 Inspection
 Construction Management
 Resident and Field Services
 Procurement
 Start-Up and Acceptance
 Project Close-Out
 Estimating

ON-CALL SERVICES CONTRACTS
AKM has been business for over 32 years. AKM’s first sewer and water master plan services date back to the early 1990’s. The core planning staff at AKM has been developing and calibrating hydraulic models for over 26 years. The software and technology ha s

City of Monterey Park
On-Call Water and Sewer Engineering Services

AKM Prop. 22-1103 6
changed over the years and AKM has continued to progress at the same time, always finding new and better ways to develop and calibrate hydraulic models. And this in turn has led to more accurate analyses and improved recommendations.

AKM entered into on-call contracts for planning, modeling, and design with the following agencies in the last 5 years:

ON-CALL SERVICES CONTRACTS IN THE LAST 5 YEARS
Agency Year Started
and Completed
Type of
Service
Project Description
City of Camarillo / Camarillo
Sanitary District
2017-Current On-Call Water, Recycled Water, Wastewater Planning, Model Maintenance/Update, Special Studies, Design
City of Signal Hill 2017-Current On-Call Water and Recycled Water Planning, Design, Studies Water Replenishment District 2018-Current On-Call Engineering Services and Construction Mgt. and Inspection City of Ontario 2019-Current On-Call Professional Engineering Services for Utility Engineering – Potable Water, Recycled Water, Wastewater
West Basin Municipal Water District 2019-Current On-Call Water and Recycled Water Studies and Design and Construction Management/Inspection
East Orange County Water District 2019-Current On-Call Sewer Studies Moulton Niguel Water District 2016-2022 On-Call Hydraulic Modeling Support Services Montebello Land & Water Co. 2020-Current On-Call Water Planning, Design, Studies Long Beach Water Dept. 2021-Current On-Call Water, Recycled Water, Wastewater Planning, Design, Studies
City of Claremont 2021-Current On-Call Sewer Studies
City of Brea 2019-2022 On-Call Sewer Studies

REFERENCES

ON-CALL ENGINEERING SERVICES FOR WATER, RECYCLED WATER, WASTEWATER PLANNING, MODEL MAINTENACNE/UPDATE, SPECIAL STUDIES, DESIGN (2017-CURRENT) CITY OF CAMARILLO – 601 CARMEN DRIVE, CAMARILLO, CA 93010 CONTACT: LUCIA MCGOVERN, DEPUTY DIRECTOR/ENVIRONMENTAL ENGINEER (805) 388-5334 [email protected]
AKM STAFF: Z. KAYIRAN (PIC), J. LOAGUE (PM/PE), D. PAY (PE), J.. NITTA, G. HOBSON

ON-CALL ENGINEERING SERVICES FOR SEWER STUDIES (2019-CURRENT) EAST ORANGE COUNTY WATER DISTRICT - 185 N. McPherson Road, Orange, CA 92869 CONTACT: JEFF SMYTH, ENGINEERING MANAGER (714) 538-5815 [email protected] AKM STAFF: Z. KAYIRAN (PIC), D. PAY (PM), J. NITTA (PE), HERRERA (STAFF ENGINEER)

ON-CALL ENGINEERING SERVICES FOR HYDRAULIC MODELING SUPPORT AND TRAINING (2016-2022) MOULTON NIGUEL WATER DISTRICT: 26161 GORDON ROAD, LAGUNA HILLS, CA 92653 CONTACT: MR. RODNEY S. WOODS, DIRECTOR OF ENGINEERING – (949) 831-2500 [email protected] AKM STAFF: Z. KAYIRAN (PIC), D. PAY (PM), J. NITTA (PE), H. HERRERA (LEAD ENGINEER)

ON-CALL ENGINEERING SERVICES FOR WATER PLANNING, DESIGN, AND STUDIES (2020-CURRENT) MONTEBELLO LAND AND WATER COMPANY – 344 E. MADISON AVENUE MONTEBELLO, CA 90640 CONTACT: KOREY BRADBURY, GENERAL MANAGER (323) 722-8654 [email protected] AKM STAFF: Z. KAYIRAN (PM), D. BAKER (PE), H. HERRERA (LEAD ENGINEER)

ON-CALL ENGINEERING SERVICES FOR WATER, RECYCLED WATER, WASTEWATER PLANNING , DESIGN, AND STUDIES (2021-CURRENT)
LONG BEACH WATER DEPARTMENT - 1800 E. WARDLOW ROAD, LONG BEACH, CA 90805 CONTACT: JINNY C. HUANG-UY, P.E., SENIOR PROGRAM MANAGER (562) 570-2346 [email protected] AKM STAFF: Z. KAYIRAN (PIC), D. PAY (PM), J. NITTA (PE), HERRERA (STAFF ENGINEER)

City of Monterey Park
On-Call Water and Sewer Engineering Services

AKM Prop. 22-1103 7

PROJECT SPECIFIC EXPERIENCE
AKM Consulting Engineers has a long and distinguished track record in providing quality engineering services, especially with respect to planning, design, and construction support of water, recycled water, and wastewater systems. Specific examples of AKM's experience related to on-call water engineering services are listed below.

ON-CALL UTILITY ENGINEERING SUPPORT SERVICES
City of Ontario – 1425 S. Bon View Avenue, Ontario, CA 92761 Contact: Christy Stevens (909) 395-2025 [email protected] Role: Prime A/E Fee: $440,000 Years of Service: 2018-2022 AKM Staff: Z. Kayiran (PIC), D. Pay (PM), J. Nitta (PE), H. Herrera, C. Valle Scope of Services: Utility Engineering Support Services Involving Planning, Development, and Other Utility Engineering Programs Support; Special Sewer and Water Studies; Hydraulic Modeling Sewer Analysis Studies
AKM Staff: Z. Kayiran, D. Pay, J. Nitta, H. Herrera, C. Valle Description: Updating the model to include new development loads and providing potential capacity deficiencies and system recommendations
Projects:
• Review of Meredith Sewer Capacity Analysis (2019)
• Analysis of Inland Empire Blvd and Cedar Siphon (2019) • Mill Creek – Edenglen Specific Plan Amendment (2020)
• Ontario Center Specific Plan – Piedmonte Overlay (2020) • The Avenue Specific Plan Land Use Change Study (2020) • Subarea 29 Specific Plan Amendment (2021)
• Downtown C-D Block (2022)
• Downtown G-K Block (2022)
• Euclid and Walnut (2022)
Water Analysis Studies:

AKM Staff: Z. Kayiran, D. Pay, J. Nitta, H. Herrera
Description: Updating the model to include new development loads and providing potential capacity deficiencies and system recommendations
Projects:
• City of Chino Interconnection (2018)
• 925 Zone Pressure Discrepancy (2019)
• Parkside (2020)
• TM-20316 (2020)
• Ontario Airport 12-inch Outage (2020)
• Ontario Ranch West Phase 2 (2019-2020)
• Ontario Center Specific Plan (2020)
• Ontario Business Park Specific Plan (2020)
• CDA Outage (2020)
• Interim Model Scenario (2021)
• Chino and Grove PRS (2021)

City of Monterey Park
On-Call Water and Sewer Engineering Services

AKM Prop. 22-1103 8

ON-CALL ENGINEERING SERVICES
Moulton Niguel Water District – 26880 Aliso Viejo Parkway, Aliso Viejo, CA 92656 Contact: Rodney S. Woods, Director of Engineering [email protected] Role: Prime A/E Fee: $65,000 from 2019-2022; Time and Materials 2016-2019 Years of Service: 2016-2022 AKM Staff: Z. Kayiran (PIC), D. Pay (PM), J. Nitta, H. Herrera Scope of Services: As-needed Hydraulic Modeling Support and Training Water Analysis Studies:

AKM Staff: Z. Kayiran, D. Pay, J. Nitta, H. Herrera
Description: The recycled water model was used to evaluate and analyze the 690 Zone for recycled water and provide a recommendation on how to operate the Zone as a closed system. AKM also developed a desktop tool that allowed for the analysis of monthly recycled water supply and demand conditions to determine what size DPR was plausible throughout the year, what amount of seasonal storage would be needed, and what pumping capacity would be needed to replenish MNWD’s seasonal storage volume in Upper Oso reservoir during the low demand months. Then the hydraulic model was run to simulate the effect of a potential DPR facility on the actual hydraulics of the system.

Projects:
• 690 Zone Recycled Water Evaluation (2019)
• Review of Potable Water Model (2021)
• Direct Potable Reuse Desktop Analysis (2021)
• Direct Potable Reuse Modeling Analysis (2021)
Sewer Analysis Studies:

AKM Staff: Z. Kayiran, D. Pay, J. Nitta, H. Herrera
Description: Evaluated the feasibility of diversion of wastewater flows to North Aliso Creek Sewage Lift Station for further conveyance to the 3A treatment plant.

Projects:
• Tributary Flow to JB Latham Treatment Plant (2016)
• Valencia Lift Station Feasibility Study (2017)
• North Aliso Creek Lift Station Evaluation (2019)
• Inflow and Infiltration Analysis (2019-2022)

ON-CALL PLANNING SERVICES (2019-Current)
East Orange County Water District – 185 N. McPherson Road, Orange, CA 92869 Contact: Jeff Smyth, Engineering Manager (714) 538-5815 [email protected] Role: Prime A/E Fee: Time and Materials Years of Service: 2019-2022 AKM Staff: Z. Kayiran (PIC), D. Pay (PM), J. Nitta (PE), H. Herrera (PE) Scope of Services: On-Call Sewer Planning Services
Sewer Hydraulic Model Analyses:

Description: Utilizing the hydraulic model to evaluate the sewer capacity as new developments are requested and as CIP projects are conducted.
• Projects: B Street and I-5 Freeway Crossing (2019)
• School’s First (2019)
• Clearwater Living (2019)
• Tract 15591, Cole Lane (2019)
• Lafayette Walgreens (2019)
• Tustin Raquet Club, Ranch Hills Community (2020)
• Cowan Ranch (2020)
• 19051 Fowler Avenue (2021)
• 1941 El Camino Real (2021)
• 19102 E. Smiley Dr (2021)
• 17802 Irvine Blvd (2021)
• 15771 Redhill Ave (2021)

City of Monterey Park
On-Call Water and Sewer Engineering Services

AKM Prop. 22-1103 9

TECHNICAL COMPETENCE

COMPUTER APPLICATIONS
The achievement of superior engineering services is assisted by the continued implementation of advanced computer applications, modeling software, techniques and products. The office maintain s in-house CADD capabilities, and engineering design work and computations are computer based. An in- house library of standard software application packages is maintained and continually updated. AKM also owns multiple ArcGIS, InfoWaterPro, InfoSewer, and InfoAsset software licenses making it possible for staff members to work simultaneously on multiple planning/modeling assignments, if necessary.

TECHNICAL STAFF
The staff presented in the Staffing Resources section of this proposal are the core planning and modeling staff at AKM. The entire technical staff of AKM is comprised of recognized experts in water resources planning, design, construction, operations and management. As needed, other AKM staff will be called upon for their expertise in any given project. Every assignment is managed by principals of the firm to ensure that the project receives detailed attention. All work is thoroughly reviewed by senior company officers prior to any milestone submittal or issuance of project documents.

STRENGTH AND STABILITY OF THE FIRM
AKM Consulting Engineers has been providing water resources engineering planning, condition assessment, design, and construct ion management/inspection services for over 31 years. Over 95% of our work has consistently been with repeat clients, which is a testament to the quality of our work. AKM has no bankruptcy, planned office closure or impending mergers that may impede AKM’s ability to complete the project.

Our staff is made up of seasoned professionals who have worked together on numerous projects. They have been with the company for many years and have worked together even longer. They are experts in their fields. Our work is of very high quality, resulting in minimal, if any, change orders in implementation. We have been retained as expert witness by several public agencies on Waste Discharge Requirements related issues, construction defects, and flooding issues.

We provide as -needed/on-call planning, engineering, and construction m anagement/inspection services to many agencies involving potable water, recycled water, wastewater, and stormwater projects. We maintain the hydraulic water and sewer models of several of our clients and conduct analyses for them in support of facility operation, pump selection, alternatives evaluation, and impact of future development on the systems.

We utilize the services of several specialty subconsultants in providing complete project delivery to our clients. We have worked with these subconsultants on many successful pipeline, pump station, well, reservoir, treatment plant, and other facility improvement projects, as well as special planning studies.

WHY AKM IS THE BEST CHOICE IN PROVIDING SERVICES
• AKM’s Project Team has directly related experience in all elements of the services requested by the City. • Our work product is of outstanding quality and is performed by and under the direction of senior staff who have been with AKM for many years.
• Our planning and hydraulic modeling work is very detailed and well documented. • AKM has successfully provided on call services to numerous agencies on time and within budget .

PROJECT MANAGEMENT
AKM Consulting Engineers employs an "integrated project management" approach for each project. To ensure that the project delivers successful results, a work plan is established at the inception, and resource loaded work elements and a schedule are prepared. This schedule and work elements are integrated with the special needs of the project and the Client. Regular reporting of project status is accomplished by routine monitoring of progress against the established work elements and resource allocations by task. Any s lips in schedule, technical difficulties, or unforeseen conditions are promptly recognized, quantified and addressed, and the Client is appraised.

This approach results in technically superior work products completed within schedule and budget to full satisfaction of the clients.

City of Monterey Park
On-Call Water and Sewer Engineering Services

AKM Prop. 22-1103 10
SECTION 5: PROPOSED METHOD TO ACCOMPLISH THE WORK
AKM’s approach to each project assigned is specifically tailored to the established goals, objectives, schedules, and budgets identified by our clients. Our work plans are detailed and specific to each project’s unique requirements. However, fundamental core values and principals are integrated into and employed on each and every project AKM undertakes.

Developing proper insight into the project and its goal, obtaining the proper data for use on the project, and close coordination with the City are essential to completing successful projects. These elements minimize the possibility of errors, promote timely exchange of information and identification of issues, and formulation of solutions. Staffing the project with the most qualified team members is another essential part of its success. Our Project Team is fully equipped to address the scope of work of all the expected services .

PROJECT IDENTIFICATION, COST ESTIMATES, AND SCHEDULES
Requests to review proposed developments and its impact on the City’s water and sewer systems will be reviewed by principals/principal engineers of the City to assess how AKM can best respond to both the technical requirements of the work and the desired schedule.

This principal/principal engineer of the company will be not only responsible for preparation of the cost estimate to review the proposed development, but will also participate in the work until completion. The principal/principal engineer will be responsible for thoroughly reviewing the task requirements, ask questions as necessary, in order to develop thorough insight into the study and all required scope elements. .

Typically, the information needed to conduct an analysis of the effect of a proposed development is as follows:

1. Location of development

2. Land use description – type of land use, acreage, type and number of dwelling units, square footage of buildings, etc.

3. Estimated number of residents or employees

4. Water or sewer estimates, if any

5. Site plan of development

6. Development utilities plan showing points of connection to the City’s water and sewer system

7. Confirmation of planned fire sprinkler system

8. Pump information if flow is planned to be pumped into the City’s sewer system

9. As-built plans for City’s water and sewer system

10. Flow monitoring data

11. Fire flow test data
It will be helpful if this information is provided when the City requests AKM to develop a cost estimate to analyze the proposed development impacts. A letter outlining the scope of work, budget and schedule to complete the task will be submitted to the City following each request.

PROJECT INITIATION
Once the City provides a notice to proceed and any requested data to AKM, the project will be initiated. Meetings will be held on an as- needed basis. Data collection will always be the initial step of a project. If not provided prior to project initiation, we will meet with City staff to determine what information is available and how it can be provided for the study.

PROJECT PROGRESS
We will provide weekly or bi-weekly check-ins, as deemed by the City Project Manager. This check-in will be in the form telephone call, virtual call/meeting, or email to the City’s Project Manager. The check-in shall include current project status, tasks or items completed since the last project update, tasks and items expected to be completed in the coming weeks, any issues that may affect project status, and any action items.

For assignments with durations longer than one month, we will provide monthly status reports and invoices. The status report wil l include a brief description of the activities completed, upcoming activities, budget status, data requests/action items, and description of any issues that may affect project status.

WORKING WITH EXISTING HYDRAULIC MODELS
Water Model
The City’s existing hydraulic model and service criteria developed during the 2012 Water Master Plan project will initially be utilized for water analyses. Prior to the first analysis assigned, AKM will make the following adjustments to the existing model:

City of Monterey Park
On-Call Water and Sewer Engineering Services

AKM Prop. 22-1103 11

1. Globally adjust the demands in the model to match the latest production/purchase information to account for the water conservation that has occurred in the past ten years.

2. Update the pipe diameters for the pipes replaced since 2012 (City staff provided locations and sizes for current Master Plan work)
When the water model update is completed for the 2022 Water Master Plan project, the new model will be used to conduct analyses of the water system.

The following tasks are the typical analyses to be run when evaluating a proposed development:

1. Data collection and review

2. Calculate average and maximum day demands based on proposed land use and recommended unit demand factor

3. Determine required fire flow based on proposed land use

4. Run maximum day and maximum day demand plus fire scenarios

5. Identify any system deficiencies due to proposed development (i.e. low residual pressure or high velocities during fire event)

6. Develop recommendations for system improvements as needed

7. Provide City with summary letter report
Sewer Model
The City currently does not have a hydraulic model of the system for use. The data available is sewer atlas maps showing sewer pipe and manhole locations, pipe size, and direction of flow. In lieu of a hydraulic model, we will select flow monitoring locations downstream of the proposed development to check system flows and depths at those select locations. We will keep in mind hydraulic deficiency areas previously identified in the 1996 Sewer Master Plan report. If these sewers are downstream of the proposed development, they should definitely be selected for monitoring. If any locations have depths of flow exceeding the City depth to diameter ratio criteria, further investigation may be requested to determine the extent of the deficiencies. This may be in the form of as -built plans and/or additional flow monitoring.

The City is planning on developing a sewer model during a future Sewer Master Plan project. When the sewer model is completed, it will be utilized for all development studies to determine capacities downstream of a proposed development.

The following tasks are the typical analyses to be run when evaluating a proposed development:

1. Data collection and review

2. Select flow monitoring locations downstream of development

3. Calculate average sewage load based on proposed land use and recommended unit flow factor

4. Run peak dry weather scenario in sewer model (i.e. spreadsheet model)

5. Review any flow monitoring data and compare to model results; adjust model as needed

6. Identify any system deficiencies due to proposed development (i.e. PDWF d/D ratio exceeds criteria)

7. Develop recommendations for system improvements as needed

8. Provide City with summary letter report

DELIVERABLES
Deliverables will typically be a summary letter report in Acrobat format following the completion of the assigned project. The summary letter will describe the analysis and state whether or not the proposed development can be served by the City’s current water and sewer system. If deficiencies in the water and/or sewer system are discovered, recommendations for improvements will be made so that the proposed development can be provided proper water and sewer service.

City of Monterey Park
On-Call Water and Sewer Engineering Services

AKM Prop. 22-1103 12

SECTION 6 FEE SCHEDULE
AKM’s proposed Fee Schedule is shown below.

Labor Classification
Hourly
Rate
Hourly
Rate
Hourly
Rate
Hourly
Rate
Hourly
Rate
2022 2023 2024 2025 2026
Principal $250 $258 $265 $273 $281
Principal Engineer $250 $258 $265 $273 $281
Project Manager $245 $252 $260 $268 $276
Project Engineer $221 $227 $234 $241 $248
Senior Construction Manager $205 $211 $217 $224 $231 Construction Manager $175 $180 $186 $191 $197
Senior Engineer $203 $209 $215 $221 $228
Senior Field Engineer / Inspector $170 $175 $180 $186 $191 Field Engineer / Inspector $155 $160 $164 $169 $174 Associate Engineer $155 $160 $164 $169 $174
Staff Engineer $140 $144 $148 $153 $157
Financial Analyst $128 $132 $136 $140 $144
Senior Designer / Senior CADD
Technician $110 $114 $117 $121 $124
Designer / CADD Technician $102 $105 $109 $112 $115 Assistant Engineer $101 $104 $107 $111 $114
Engineering Technician $93 $96 $99 $102 $105
Engineering Aide $79 $81 $84 $86 $89
Office Support $79 $81 $84 $86 $89
Data or Word Processing $77 $79 $81 $84 $86

City of Monterey Park
On-Call Water and Sewer Engineering Services

AKM Prop. 22-1103 13
SECTION 7: SAMPLE INSURANCE CERTIFICATE
A sample certificate of liability insurance for AKM is shown below:

SECTION 8: RESUMES
Resumes are provided on the following pages.

ZEKI KAYIRAN

PRINCIPAL IN CHARGE

48 YEARS OF EXPERIENCE
31 YEARS WITH AKM

PROFESSIONAL REGISTRATION
Registered Civil Engineer, California (C29330)

EDUCATION
Master of Science, Civil Engineering – CSU, Long Beach
Bachelor of Science, Civil Engineering – Robert College Mr. Kayiran provides comprehensive technical and management expertise in the planning, design and construction management/inspection of water resources engineering projects. His professional background includes a blend of consulting engineering and academic experience, including a part -time instruction in the field of fluid mechanics and hydraulic design at California State University, Long Beach. For the past 13 years, he has been teaching water system planning, groundwater well and treatment facility design as part of the s enior project design class at University of California, Irvine. His experience covers planning, design, and construction support, construction management and inspection services for recycled water, potable water, sewer, and storm water projects. His previous experience includes:
• Water and Recycled Water Master Plans (46)
• Development of Hydraulic Models and Model Calibration • Water and Recycled Water Supply Analyses
• Water and Recycled Water Market and Demand Assessment • Water and Recycled Water Seasonal Storage Analyses
• Preliminary Design Reports, Alignment Studies, Plan Preparation, Specifications, Estimates, Construction Management and Inspection, and Construction Support for
 Water and Recycled Water Pump Station Designs (44)
 Transmission and Distribution Pipelines (over 1,000,000 ft)  Reservoirs (16) and Wells (28)
 Storm Water Pump Stations (19)
 Sewer Pump Stations (60)
 Treatment Plants (15)
• Condition Assessment of Pump Stations and Reservoirs
• Expert Witness Services to Public Agency Clients
• Sewer Master Plans and Sewer System Management Plans (39) • Sewer Hydraulic Model
 Sewer Geodatabase and Model Geometry
 Flow Monitoring, Sewer Unit Flow Factors, Sewer Return Ratios, Peaking Relationships
 Model Calibration and System Analysis
 Capital Improvement Program
• Flow Monitoring Studies
• Rain Dependent Inflow and Infiltration Analyses
• Gravity Sewer Condition Assessment (CCTV)
• Sewer Risk Assessment
• Sewer Pump Station Condition Assessment
• Overflow Emergency Response Plan (7)
• Operation and Maintenance Programs (27)
• FOG Discharge Manuals (8)
• Regional Connection Studies (BOD5 and TSS Loads)
• Sewer Development Hydraulic Analyses
• Agency Expert for Agency Lawsuits
His experience related to this project includes:

WATER MASTER PLANS/ MODEL

DEVELOPMENTS/HYDRAULIC ANALYSIS
• Monterey Park – Principal in Charge
• Tustin – Principal in Charge
• Compton – Principal in Charge
• Rowland Water District – Principal in Charge
• PFAS Treatment Plant Tustin – Principal in Charge
• Compton – Principal in Charge
• Ontario – Principal in Charge
• Long Beach Water District – Principal in Charge
• Bellflower Somerset MWC – Principal in Charge
• Buena Park – Principal in charge
• Camarillo –Principal in Charge
• Irvine Ranch Water District – Principal in Charge
• Norwalk – Principal in Charge
• Mesa Water District – Principal in Charge
• Port Hueneme – Principal in Charge
• Manhattan Beach – Project Manager

RECYCLED WATER MASTER PLANS/ MODEL

DEVELOPMENTS/HYDRAULIC ANALYSIS
• Moulton Niguel Water District – Principal in Charge
• San Clemente – Principal in Charge
• West Basin Municipal WD – Principal in Charge
• Irvine Ranch Water District – Principal in Charge

SEWER MASTER PLANS/ MODEL

DEVELOPMENTS/HYDRAULIC ANALYSIS
• Brea – Principal in Charge
• Ontario– Principal in Charge
• East Orange County WD – Principal in Charge
• Seal Beach – Principal in Charge
• Garden Grove SD – Principal in Charge
• Culver City – Principal in Charge
• Irvine Ranch Water District – Principal in Charge
• Claremont – Principal in Charge
• Redondo Beach – Principal in Charge
• El Segundo – Principal in Charge
• Stanton – Principal in Charge

SEWER CONDITION/RISK ASSESSMENTS
• Garden Grove Sanitary District – Principal in Charge
• Redondo Beach – Principal in Charge
• East Orange County WD – Principal in Charge
• Garden Grove Sanitary District – Principal in Charge
• Irvine Ranch Water District – Principal in Charge

DIANN PAY, P.E.

PROJECT MANAGER

26 YEARS OF EXPERIENCE
26 YEARS WITH AKM

PROFESSIONAL REGISTRATION
Registered Civil Engineer, California (C60298)
NASCCO PACP, MACP, LACP (U-1003-947)

EDUCATION
Master of Science, Environmental Water Resources - UC, Berkeley Bachelor of Science, Civil Engineering - UC, Los Angeles

Mr. Pay is the Director of Planning for AKM Consulting Engineers. In this capacity she specializes in planning and design of potable water, recycled water and wastewater systems. She has served as Project Manager, Project Engineer or Lead Engineer during the preparation of twenty -nine (29) water master plans/updates, twelve (12) recycled water master plans/updates, and thirty -three (34) sewer master plans/updates. She is a certified pipeline, manhole, and lateral assessor by the NASSCO Pipeline Assessment and Certification Program. Ms. Pay’s experience includes the following:
• Water Master Plans (29)
• Recycled Water Master Plans (12)
• Development of Water Models
 Model Geometry, Demand Allocation, Diurnal Patterns, Peaking Relationships
 Model Calibration
 System Hydraulic Analyses
 Preparation of Model User Manual and Training
• Water and Recycled Water Market and Demand Assessment  Evaluation of Irrigation and Commercial Customers
 Analyze System Supply Restrictions
 Comparison to Potable Water Costs
• Water and Recycled Water Seasonal Storage Analyses
• Hydraulic Analysis for Pump Selections for Pump Stations and Wells • Risk Assessments (i.e. Likelihood of Failure and Consequence of Failure) • Recycled Water Pipeline Hydraulic Feasibility Studies • Sewer Master Plans and Sewer System Management Plans (34) • Development of Sewer Models
 Model Geometry, Load Allocation, Flow Monitoring, Sewer Unit Flow Factors, Sewer Return Ratios, Peaking Relationships
 Model Calibration
 System Hydraulic Analyses
 Preparation of Model User Manual and Training
• Rain Dependent Inflow and Infiltration Analyses
• Sewer Condition Assessment (over 10 million feet of sewer pipe) • Sewer Feasibility Studies (31)
• Septic Tank Conversion Evaluations
• Overflow Emergency Response Plans (5)
• Operation and Maintenance Programs (21)
• FOG Discharge Manuals (4)
• Regional Connection Studies (BOD5 and TSS Loads)
• Interagency Shared Facility Studies

Her experience related to this project:

WATER MASTER PLANS/ MODEL

DEVELOPMENTS/HYDRAULIC ANALYSIS
• Monterey Park – Project Manager
• Tustin – Project Manager
• Compton – Project Manager
• Rowland Water District – Project Manager
• PFAS Treatment Plant Tustin – Project Manager
• Compton – Project Manager
• Ontario – Project Manager
• Long Beach Water Department – Project Manager
• Bellflower Sommerset MWC – Project Manager
• Buena Park– Project Manager
• Camarillo–Project Manager
• Irvine Ranch Water District – Project Manager
• Norwalk – Project Manager
• Mesa Water District – Project Manager

RECYCLED WATER MASTER PLANS/ MODEL

DEVELOPMENTS/HYDRAULIC ANALYSIS
• Moulton Niguel Water District – Project Manager
• San Clemente – Project Manager
• West Basin Municipal WD – Project Manager
• Irvine Ranch Water District – Project Manager

SEWER MASTER PLANS/ MODEL

DEVELOPMENTS/HYDRAULIC ANALYSIS
• Brea – Project Manager
• Ontario – Project Manager
• East Orange County Water District - Project Manager
• Seal Beach – Project Manager
• Garden Grove Sanitary District – Project Manager
• Culver City – Project Manager
• Irvine Ranch Water District – Project Manager
• Claremont – Project Manager
• Redondo Beach – Project Manager
• El Segundo – Project Manager
• Stanton – Project Engineer
• Norwalk – Project Engineer

SEWER CONDITION/RISK ASSESSMENTS
• Garden Grove Sanitary District – Staff Engineer
• Redondo Beach – Staff Engineer
• East Orange County Water District – Staff Engineer
• Garden Grove Sanitary District – Staff Engineer
• Irvine Ranch Water District – Staff Engineer

JON NITTA, P.E.

PROJECT ENGINEER

WATER AND SEWEWR STUDIES

20 YEARS OF EXPERIENCE
20 YEARS WITH AKM

PROFESSIONAL REGISTRATION
Registered Civil Engineer, California (C69987)
NASCCO PACP, MACP, LACP (U-1106-4046)

EDUCATION
Bachelor of Science, Civil Engineering
University of California, Los Angeles

Mr. Nitta is a Senior Engineer with AKM Consulting Engineers. He is an expert in developing calibrated hydraulic models and conducting system analyses using those models. He served as a Project Engineer or a Lead Engineer for the preparation of potable water, recycled water and sewer master plans; conducted alignment and feasibility studies for numerous pipeline projects, as well as condition assessment of linear and vertical assets for public agencies.

His experience includes:
• Water Master Plans and Updates (16)
• Recycled Water Master Plans and Updates (9)
• Development of Hydraulic Models
 GIS Geodatabase, Model Geometry, Demand Allocation, Diurnal Patterns, Peaking Relationships
 Model Calibration to Field and SCADA Data, System Hydraulic Analysis, Model Manual Development, Capital Improvement Program
• Recycled Water Market and Demand Assessment
• Likelihood of Failure, Consequence of Failure, and Risk Assessments (Artificial Intelligence and Machine Learning)
• Conducted Hydraulic Analyses Leading to Pump Selections for Pump Stations and Wells
• Water and Sewer Rate Studies
• Recycled Water Pipeline Plan Preparation, Specification and Estimates • Sewer Master Plans and Sewer System Management Plans (16) • Sewer Hydraulic Model
 Sewer Geodatabase, Model Geometry,Flow Monitoring, Sewer Unit Flow Factors, Sewer Return Ratios, Peaking Relationships  Model Calibration, System Analysis, and Capital Improvement Program
• Flow Monitoring Studies
• Rain Dependent Inflow and Infiltration Analyses
• Sewer Condition Assessment (CCTV) and Risk Assessment • Sewer Pump Station Condition Assessment
• Overflow Emergency Response Plans (7)
• Operation and Maintenance Programs (11)
• FOG Discharge Manuals (8)

His experience related to this project:

WATER MASTER PLANS/ MODEL

DEVELOPMENTS/HYDRAULIC ANALYSIS
• Compton – Project Engineer
• Rowland Water District – Project Engineer
• Bellflower Somerset MWC – Project Engineer
• Long Beach Water Department – Project Engineer
• Ontario – Project Engineer
• Buena Park – Project Engineer
• Camarillo – Project Engineer
• Mesa Water District – Project Engineer
• Norwalk – Project Engineer
• Irvine Ranch Water District - Project Engineer
• Seal Beach – Project Engineer
• Port Hueneme – Project Engineer
• Manhattan Beach – Project Engineer
• Whittier – Staff Engineer

RECYCLED WATER MASTER PLANS/ MODEL

DEVELOPMENTS/HYDRAULIC ANALYSIS
• Moulton Niguel Water District – Project Engineer
• San Clemente – Project Engineer
• West Basin Municipal WD – Project Engineer
• Irvine Ranch Water District – Project Engineer

SEWER MASTER PLANS/ MODEL

DEVELOPMENTS/HYDRAULIC ANALYSIS
• Ontario – Project Engineer
• East Orange County WD – Project Engineer
• Seal Beach – Project Engineer
• Irvine Ranch Water District – Project Engineer
• Garden Grove Sanitary District – Project Engineer
• Redondo Beach – Project Engineer
• Newport Beach – Staff Engineer
• Stanton – Staff Engineer
• Norwalk – Staff Engineer
• Camarillo Sanitary District – Staff Engineer
• Brea –– Staff Engineer
• Cypress – Staff Engineer
• Fountain Valley – Staff Engineer
• Los Angeles – Staff Engineer
• Seal Beach – Staff Engineer

HALY HERRERA, P.E.

PROJECT ENGINEER

WATER AND SEWER STUDIES

9 YEARS OF EXPERIENCE
9 YEARS WITH AKM

PROFESSIONAL REGISTRATION
Registered Civil Engineer California (C92354)
NASSCO PACP, MACP, LACP (U-1014-06022537)

EDUCATION
Bachelor of Science, Environmental Engineering -
University of California, Irvine

Ms. Herrera is a lead engineer for AKM Consulting Engineers. In this capacity she has specialized in the planning of water, recycled/non- domestic water, and wastewater systems. She is also a certified pipeline and manhole assessor by the NASSCO Pipeline Assessment and Certification Program. Her related experience includes:
• Water Master Plans and Updates (9)
• Recycled Water Master Plans and Updates (4)
• Development of Hydraulic Models
 GIS Geodatabase, Model Geometry, Demand Allocation, Diurnal Patterns, Peaking Relationships
 Model Calibration to Field and SCADA Data, System Hydraulic Analysis, Model Manual Development, Capital Improvement Program
• Recycled Water Market and Demand Assessment
• Likelihood of Failure, Consequence of Failure, and Risk Assessments (Artificial Intelligence and Machine Learning)
• Conducted Hydraulic Analyses Leading to Pump Selections for Pump Stations and Wells
• Sewer Master Plans (8)
• Sewer Hydraulic Model
 Sewer Geodatabase and Model Geometry
 Flow Monitoring, Sewer Unit Flow Factors, Sewer Return Ratios, Peaking Relationships, Loading Diurnal Pattrens
 Wet Weather Flows and Analysis
 Model Calibration
 System Analysis – Extended period and steady state
 Capital Improvement Programs
• Flow Monitoring Studies
• Sewer Feasibility Studies
• Gravity Sewer Condition Assessment (CCTV)
• Septic Tank Conversion Evaluations
• Sewer Risk Assessments
• Operation and Maintenance Programs
• Sewer System Management Plan Audits
• Sewer Pump Station Condition Assessments
• Vertical Asset Register Population and Assessments

WATER MASTER PLANS/ MODEL

DEVELOPMENTS/HYDRAULIC ANALYSIS
• Monterey Park – Project Engineer (ongoing)
• Glendora – Project Engineer (ongoing)
• Tustin – Project Engineer
• Montebello Land and Water Company – Project
Engineer
• Ontario – Staff Engineer
• Buena Park – Staff Engineer
• Camarillo – Staff Engineer
• Mesa Water District – Staff Engineer
• Norwalk – Staff Engineer

RECYCLED WATER MASTER PLANS/ MODEL

DEVELOPMENTS/HYDRAULIC ANALYSIS
• Moulton Niguel Water District – Project Engineer
• San Clemente – Staff Engineer
• West Basin Municipal Water District – Staff
Engineer
• Irvine Ranch Water District – Staff Engine

SEWER MASTER PLANS/ MODEL

DEVELOPMENTS/HYDRAULIC ANALYSIS
• Ontario – Project Engineer
• East Orange County Water District – Project
Engineer
• Brea – Staff Engineer
• Irvine Ranch Water District – Staff Engineer
• Culver City – Staff Engineer
• Seal Beach – Staff Engineer
• Claremont – Staff Engineer
• El Segundo – Staff Engineer

SEWER CONDITION/RISK ASSESSMENTS
• Garden Grove Sanitary District – Staff Engineer
• Redondo Beach – Staff Engineer
• East Orange County Water District – Staff
Engineer
• Garden Grove Sanitary District – Staff Engineer
• Irvine Ranch Water District – Staff Engineer

City Council Staff Report
DATE
: November 2, 2022
AGENDA ITEM NO:

TO: T
he Honorable Mayor and City Council
FROM: Steve Sizemore, Interim Director of Community Development Jessica Serrano, Planning Manager
SUBJECT: A public hearing to consider introduction and first reading of an Ordinance (Zoning Code No. 22-01) adding Chapter 21.19 (Inclusionary Housing) to Title 21 (Zoning) of the Monterey Park Municipal Code to implement the Monterey Park Housing Element ; and adoption of a Resolution establishing an in-lieu inclusionary housing fee calculation.

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. Introduce and waive first reading of Ordinance No. _____ adding Chapter

21.19 (Inclusionary Housing) to Monterey Park Municipal Code Title 21 (Zoning) to implement the Monterey Park Housing Element b. Adopt Resolution No. _____ establishing an in-lieu inclusionary housing fee calculation; and

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

EXECUTIVE SUMMARY:

The Monterey Park Housing Element provides that the Cit y Council will consider an inclusionary housing ordinance before the end of 2022. A draft Ordinance and Resolution establishing an in-lieu inclusionary housing fee calculation was prepared for City Council consideration.

The O
rdinance (Attachment 1) would encourage the production of affordable units in new housing developments. This is accomplished by several methods, or a combination of methods: (1) require actual construction of affordable units; (2) payment of an in-lieu fee to the City that commensurate with the cost of a the “affordability gap” between the market and affordable rate for the new unit or the construction of off -site affordable units within the City; and/or (3) construction of affordable units at an off-site location within the City.

The R
esolution (Attachment 2), establishes an in- lieu inclusionary housing fee calculation. This would equate to the financial impact or “affordability gap” that is created by the Ordinance’s inclusionary housing requirement s. In-lieu fees would be deposited into an affordable housing trust fund. Separate from the City’s General Fund, the Public Hearing - 4A

affordable housing trust fund monies must be used exclusively for encouraging affordable housing in the City.

CEQA (California Environmenta l Quality Act):

Pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq.; “CEQA”) and its implementing guidelines (California Code of Regulations , Title 14, Division 6, Chapter 3, the "CEQA Guidelines”) , the proposed Ordinance and Resolution (ZCA 22-01) are exempt from further CEQA review for the following reasons:
(1) they will not result in a direct or reasonably foreseeable indirect physical change in the environment ( CEQA Guidelines § 15060(c)(2) ); (2) there is no possibility that the Ordinance or Resolution may have a significant effect on the environment because any potential, future, housing projects would undergo separate environmental review (CEQA Guidelines § 15061(b)(3)); and (3) the Ordinance and Resolution, by themselves, do not constitute a “project” as defined in the CEQA Guidelines because they involve a policy action that is legislative implementing affordable housing policy and affects prospective future housing development to comply with Housing Element Program 15 ( CEQA Guidelines § 15378). The notice of exemption prepared for this project is contained in Attachment 4.

BACKGROUND:

The City adopted the 2021- 2029 Housing Element of the General Plan on January 19, 2022. Housing Element Program 15 provides that the City Council will consider a n inclusionary housing program. Such programs require certain residential and mixed-use developments to designate a percentage of units within the development as affordable housing. Alternatively, a developer may construct off-site units or pay a fee.

On September 7, 2022, the City Council held a discussion on potential inclusionary housing standards. The Council generally supported inclusionary housing requirements and directed staff to develop an ordinance.

On September 27, 2022, the Planning Commission adopted a resolution recommending that the City Council adopt the draft Ordinance and Resolution. Additionally, the Planning Commission recommend ed the City Council consider the following Ordinance amendments:
• Lower percentage of required affordable units to 10% -12%; instead of 15% as proposed;
• If a developer provides more affordable units beyond what is required, then the City may offer incentives. For example, if the percentage is X and a developer provides X + 1%, then the development can get one or more incentives on development standards;
• If a development contains units for extremely low - and very low -income households, it can receive a credit and reduce the overall number of affordable units required (see City of Alhambra’s approach in the survey in Attachment 3).

This would be an optional incentive rather than a requirement; • When applying the percentage of required affordable units, if the number of required units results in a fraction, the proposed ordinance should be equitable in either requiring the developer to provide the unit or paying the full in- lieu fee

amount instead of allowing the developer to pay a fraction of the in- lieu fee for a unit.

Once created, the proposed affordable housing trust fund would receive $100,000 in seed money from the City. This money stems from the Celadon mixed-use project that the City Council approved earlier this year and constitutes one of the developer’s public benefit obligations within the Development Agreement. The City Council anticipated the creation of this trust fund at that time and expected the developer to assist the City with implementing the Housing Element’s objectives.

Proposed Ordinance:

Attachment 3 contains a summary of some of the inclusionary housing ordinances that were reviewed when preparing the draft Ordinance. The following table provides a summary of the major components of the proposed Ordinance:

Applicability Projects creating 5 or more dwelling units Affordability Levels* For rent projects:
- 9% Low-Income Households
- 6% Moderate-Income Households
For sale projects:
- 15% Moderate-Income Households
Alternative
Compliance Methods
- Inclusionary Housing In-lieu Fee prior to issuance of certificate of occupancy
- Off-Site Units
Standards for For-
Sale Units
- Must be affordable for 45 years
- Must certify purchaser’s income
- City consent required prior to leasing or renting
inclusionary unit
- Purchaser of inclusionary units must occupy as “principal residence”
- Affordability restrictions must be disclosed to new owners Standards for Rental
Units
- Must be affordable for 55 years
- Must certify renter’s income
- Renter cannot sublease without City approval
- Affordability restrictions must be disclosed to new owners Standards - Inclusionary Housing Units must be comparable to market rate units and dispersed throughout development
- Certification of continuing occupancy of inclusionary unit by eligible households
Agreement Inclusionary Housing Agreement required between developer and City prior to building permit issuance
Modifications or
Waivers
- Modifications or waivers to requirements may be allowed under certain circumstances, subject to Director approval - Director’s approval may be appealed to Planning Agency * Income levels are established on an annual basis by California law and published by the California Housing and Community Development Department (HCD).

Proposed In-Lieu Fee Calculation:

The draft Ordinance offers an option for housing developers to pay an in- lieu fee as an alternative to providing affordable housing units within a new development. The calculation methodology contained in the Resolution ( Attachment 2 ) is summarized below:

1. Compile projected market rate prices/rents for proposed project.

2. Calculate the maximum affordable price/rents.

3. Market Rate prices/rents – Affordable price/rent = “Affordability Gap”

4. (Affordability Gap) x (Number of Affordable Units required) = Financial Impact/In-Lieu Fee

FISCAL IMPACT:

There no identifiable fiscal impacts associated with adopting the Ordinance and Resolution (other than administrative costs associated with codifying the Ordinance).

Respectfully submitted by: Prepared by:

Steve Sizemore
Interim Director of Community
Development

Jessica Serrano
Planning Manager

Approved by:

Reviewed by:

Ron Bow
City Manager
Joaquin Vazquez
Deputy City Attorney

ATTACHMENTS:

1. Ordinance No. _____ amending Title 21 (Zoning) of the Monterey Park Municipal Code to add Chapter 21.19, entitled “Inclusionary Housing,” to implement the Monterey Park Housing Element

2. Resolution No. _____ establishing an in-lieu inclusionary housing fee calculation

3. Survey of Inclusionary Housing Ordinances in Surrounding Communities

4. Notice of Exemption

ATTACHMENT 1
Draft Inclusionary Housing Ordinance

ORDINANCE NO.

AN ORDINANCE AMENDING MONTEREY PARK MUNICIPAL CODE
TITLE 21 (ZONING) TO ADD CHAPTER 21.19 , ENTITLED
“INCLUSIONARY HOUSING,” TO IMPLEMENT THE MONTEREY PARK
HOUSING ELEMENT.

The City Council of the City of Monterey Park does ordain as follows:

SECTION 1: T
he City Council finds and declares that:

A. The California (“State”) Legislature declared that cities must use their vested powers to facilitate housing development “for the housing needs of all economic segments of the community” (Gov. Code § 65580, subd. (d)).

B. In Building Industry Association v. City of San Jose (2015) 61 Cal.4th 435, the California Supreme Court upheld cities’ ability to adopt inclusionary housing requirements utilizing their police powers.

C. Pursuant to Government Code §§ 65850 and 65850.1, cities may adopt ordinances requiring inclusionary housing requirements for rental residential developments so long as they offer alternative means of compliance.

D. January 19, 2022, the City Council adopted the 2021- 2029 Housing Element to develop a comprehensive strategy for providing safe, decent and affordable housing within the community.

E. Goal 4 of the adopted Housing Element for the city of Monterey Park (“City”) commits to assist in providing housing that mee ts the needs of all economic segments of the community.

F. Housing Element Policy 4.1 encourages using regulations to facilitate affordable housing development.

G. Housing Element Program 15 commits to the City’s consideration of inclusionary housing regulations to bolster the City’s affordable housing stock.

H. The California Legislature declared that California is experiencing a housing shortage for households of very low -, low- , and moderate- incomes which is detrimental to the public health, safety, and welfare. This Ordinance utilizes the City’s police power to regulate land use and ensure the limited supply of the City’s developable land provides housing opportunities for households of all income levels without constraining housing development.

I. The City initiated this code am endment by this Ordinance (“ZCA 22 -01”) pursuant to Monterey Park Municipal Code (“MPMC”) § 21.38.020.

Ordinance No.

J. On September 27, 2022, the Planning Commission conducted a duly noticed public hearing to assess the proposed MPMC amendments in ZCA 22- 01, considered all oral and written evidence, and adopted Resolution _____ recommending that the City Council adopt this Ordinance.

SECTION 2: P ursuant to MPMC § 21.38.050, the City Council finds as follows:

A. The MPMC amendments in this Ordinance are consistent with the goals, policies and objectives of the General Plan. Among other things, these regulations will provide housing opportunities for households in all income levels without constraining housing development in the City.

B. These regulations will not adversely affect surrounding properties. Such regulations will operate citywide and will not affect a change in the use or the intensity of use of property in any zone.

C. These regulations promote public health, safety, and general welfare and serve the goals and purposes of the MPMC’s zoning regulations. The inclusionary housing regulations will continue to promote the public health, safety, and general welfare while serving the goals and purposes of the zoning regulations. Among other things, the regulations will fa cilitate creation of housing to address the Legislature’s determination regarding a statewide housing shortage for households of very low -, low -, and moderate-incomes.

SECTION 2: Env
ironmental Review. The City Council finds and determines that this ordinance is not subject to further review under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq .; “CEQA”) for the following reasons: (1) it will not result in a direct or reasonably foreseeable indirect physical change in the environment (14 Cal. Code Regs. § 15060(c)(2); (2) there is no possibility that the ordinance may have a significant effect on the environment (14 Cal. Code Regs. § 15061(b)(3); and (3) the ordinance, by itself, does not constitute a “project” as defined in the CEQA Guidelines (14 Cal. Code Regs. § 15378).

SECTION 3: A
new Chapter 21.19 is added to the MPMC to read as follows:

“Chapter 21.19

INCLUSIONARY HOUSING

21.19.010 Purpose.

21.19.020 Definitions.

21.19.030 Applicability; Exemptions.

21.19.040 Inclusionary Housing Unit Requirements.

21.19.050 Alternative Compliance.

Ordinance No.

21.19.060 Standards for Inclusionary Housing Units.

21.19.070 Eligibility Requirements.

21.19.080 Inclusionary Housing Plan.

21.19.090 Inclusionary Housing Agreement.

21.19.100 Modifications or Waivers.

21.19.110 Administration and Enforcement.

21.19.010 Purpose.

This Chapter is adopted in accordance with Article XI, § 7 of the California Constitution and with reference to Governm ent Code §§ 65850 and 65850.1 for the purpose of establishing requirements, standards, and procedures to facilitate affordable housing development for a range of households with varying income levels to implement the goals and objectives of the City’s Housing Element.

21.19.020 Definitions.

Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter:

A. “Affordable housing” means dwelling units made available to low -, very low -, or moderate-income households.

B. “Affordable housing cost” means the maximum monthly amount allowed for an owner or renter to pay for an allocated unit in accordance with Health and Safety Code §§ 50052.5 and 50053, or successor statutes or regulations, adjusted for household size and income level, less the appropriate allowance for utilities.

C. “ Affordable housing trust fund” is described in § 21.19.050.

D. “Area median income” means the median family income of a geographic area.

E. “Developer” means the person or persons seeking City approval of a project

F. “Director” means the City Manager or designee.

G. “Dwelling unit” means one or more rooms, designed, occupied, or intended for occupancy as separate living quarters, with full cooking, sleeping, and bathroom facilities for the exclusive use of a single household.

H. “Eligible household” means a household eligible to purchase or rent an inclusionary housing unit, as applicable.

I. “Health care facility” means a facility, place, or building, other than a hospital, which is maintained and operated as a residence for patients to provide them long -term

Ordinance No.

medical care, and includes nursing homes, intermediate care facilities, extended care facilities, hospice homes, and similar facilities licensed by the California Department of Health Services, pursuant to Health and Safety Code § 1200 et seq.

J. “HUD” means the U.S. Department of Housing and Urban Development.

K. “Inclusionary housing unit” means a dwelling unit built pursuant to the requirements of this chapter and made available to low-, very low-, or moderate-income households.

L. “Inclusionary housing in- lieu fee” is a fee adopted by city council resolution in accordance with this chapter the payment of which may satisfy a developer’s obligations in this chapter.

M. “Low-income household” means a household income that does not exceed 80% of area median income for Los Angeles County, as published periodically by HUD, pursuant to Health and Safety Code § 50 079.5 and any successor statute or regulation.

N. “Market rate unit” means a dwelling unit where the rental rate or sales price is not restricted by applicable law.

O. “Moderate-income household” means a household income that does not exceed 120% of area median income for Los Angeles County, as published periodically by HUD, pursuant to Health and Safety Code § 50 093 and any successor statute or regulation.

P. “Project” means any residential or mixed-use proposal for the creation of five or more new dwelling units.

Q. “Very low-income household” means a household income that does not exceed 50% of area median income for Los Angeles County, as published periodically by HUD, pursuant to Health and Safety Code § 50105 and any successor statute or regulation.

21.19.030 Applicability; Exemptions.

A. This chapter applies to projects creating five or more dwelling units for rent or sale, including the residential portions of mixed- use developments. It may also be incorporated as a public benefit into any development agreement approved pursuant to this code.

B. The following are exempted from this chapter’s requirements:

1. Any eligible project for which the City enters into a development agreement, pursuant this code that provides comparable community benefits, as determined by the City Council.

Ordinance No.

2. Any eligible project that is 100% affordable for low-, very low-, or moderate- income households that will be deed- restricted for a period of at least 55 years for rental units or 45 years for for-sale units.

3. Development of emergency shelters, community care facilities, or health care facilities.

4. Reuse of a designated landmark or contributing structure for housing within a historic district.

5. Accessory dwelling units, junior dwelling units, or units created pursuant to Government Code §§ 65852.21 and 66411.7, provided that the replacement or restoration does not increase the number of existing units by five or more.

6. Residential building additions, repairs, or remodels, provided the work does not increase the number of existing units by five or more.

7. Replacement or restoration of residential units damaged or destroyed by fire, flood, earthquake, or other disaster, provided that the replacement or restoration does not increase the number of existing units by five or more.

8. Any eligible project otherwise exempt under state or federal law.

21.19.040 Inclusionary Housing Unit Requirements.

A. Inclusionary Units for Rent. Developers with projects creating five or more units must rent 15% of the units to affordable households as follows:

1. Nine percent to very low-income households or low-income households; and

2. Six percent moderate-income households.

B. Inclusionary Units for Sale. Developers with projects creating five or more must sell 15% of the units to moderate-income households.

C. Calculation of Inclusionary Housing Units Fractional Units.

1. The percentage of inclusionary housing units required in this section will be applied to the project’s total number of proposed dwelling units.

2. If an inclusionary housing unit calculation in this section results in a fractional remainder, the developer may choose one of the following options:

a. Round up to the next whole number and provide the resulting unit onsite; or

Ordinance No.

b. Pay the fractional amount above the whole number as an inclusionary housing in-lieu fee pursuant to this chapter.

21.19.050 Alternative Compliance.

A. Inclusionary Housing In-lieu Fee; Affordable Housing Trust Fund.

1. The inclusionary housing unit requirements of this chapter may be satisfied if the developer causes an inclusionary housing in- lieu fee to be paid to the City. This may be accomplished by providing some of the required inclusionary housing units onsite and paying an the in-lieu fee required under this section for any remaining, required inclusionary housing units

2. The inclusionary housing in-lieu fee must be paid, in full, to the City before it issues a final certificate of occupancy for the project, unless otherwise prohibited by law.

3. A n affordable housing trust fund is created. A ll funds authorized in this chapter must be deposited into this inclusionary housing trust fund. The monies in such fund must be used exclusively for providing affordable housing in the City and for reasonable costs associated with the acquisition, development, maintenance, improvement, and oversight of affordable housing.

B. Off-site Units.

The Director may determine that a developer met the requirements of this chapter if the developer develops, or causes a qualified third-party affordable housing developer to develop, allocated affordable housing units off -site on property located within the City’s jurisdiction in accordance with the following requirements:

1. Any third-party (e.g., nonprofit housing agency) the developer associates with to create off-site units under this section must agree, in writing, to all the provisions of this chapter and be a signatory to the inclusionary housing agreement required under this chapter.

2. The off-site affordable units developed must at least be equal to the inclusionary housing units required for the project and consistent with the standards set forth in this chapter.

3. To ensure the creation of the off -site affordable units, developer must provide a surety, in a form approved by the City Attorney, equal to 25% of the total estimated cost to construct the off-site affordable units to ensure performance. Examples of sureties that may be acceptable include the following: performance bonds; surety bonds; cash deposits; money orders; letters of credit; and certificates of deposit.

The Director will relinquish the surety at the time that the Building Official issues a final certificate of occupancy for the last of the off-site affordable units.

Ordinance No.

4. The developer must pay an in-lieu fee in an amount required by this chapter to the City in the event the off-site units are not timely completed.

21.19.060 Standards for Inclusionary Housing Units.

A. Projects with inclusionary housing units are subject to the following requirements:

1. The developer must identify all contiguous property under common ownership or control in its project application. If the developer does not plan to develop all such property, then it must record a covenant, in a form approved by the City Attorney, requiring that such undeveloped property include inclusionary housing units or pay the in-lieu fee as required by this chapter at such future date that an application is filed for ministerial or discretionary approval of a residential development subject to this chapter. Such covenant must run with the land and be effective for at least 30 years pursuant to Civil Code § 885.030.

2. All inclusionary housing units must be reasonably dispersed throughout the project to avoid any concentration of inclusionary units within a project.

3. All inclusionary housing units must be c omparable to market rate units included within a project in terms of number of bedrooms, design, materials, size, finished quality, appearance, or other material conditions.

4. All inclusionary housing units must be accessible to project amenities, utilities, and facilities available to market rate units at the sam e or lower cost chargeable, if at all, to market rate units.

5. All inclusionary housing units must be constructed before or concurrent with the construction of market rate units in the project, and in phased projects, inclusionary housing units may be constructed in proportion to the number of units in each phase of the residential development.

6. A developer must submit a written report to the Director, within 30 days of the Director’s written request, that identif ies the income and family size of the occupants of the inclusionary unit. The City may impose a fee established by city council resolution to recover its associated regulatory costs pursuant to this chapter.

B. I nclusionary housing units for sale are subject to the following restrictions:

1. Such for-sale units must be deed restricted to the target household income group for a minimum of 45 years.

2. The developer, property owner, and all subsequent owners of an inclusionary housing unit offered for sale must certify, in a form and content acceptable to the Director, the purchaser’s income.

Ordinance No.

3. An owner of such a for-sale unit is prohibited from leasing or renting the unit unless the City gives its prior written consent to such lease or rental on the basis of a demonstrated hardship by the owner.

4. Except as otherwise provided, a purchaser of inclusionary housing units offered for sale must occupy the unit as a “principal residence” as such term is defined for federal tax purposes in the United States Internal Revenue Code. Upon good cause show, supported by substantial evidence, the Director may allow a purchaser to rent inclusionary housing units to persons within the same household income category.

5. The City must approve subsequent owners of such for -sale units who must meet the same qualifications as the original owner.

6. Before the escrow closing for such a for -sale unit, the seller must provide written notice to the buyer of the affordability restrictions including , without limitation, resale price restrictions, in a document written in plain language and approved, in writing, by the Director.

7. Title in a for-sale unit may transfer because of changes in circumstance including, without limitation, death, marriage, and divorce. Except as otherwise provided, if such a changed circumstance results in a title transfer which causes a household to become ineligible for an inclusionary housing unit then the housing unit must be sold to an eligible household within nine months after such title transfer occurs.

8. Upon the death of one owner, title in the for-sale unit may transfer to the surviving joint tenant without respect to the joint tenant’s household income eligibility.

9. If a for-sale unit is sold for an amount more than the resale price authorized under this chapter, the buyer and seller are jointly liable to the City for the entire purchase price of the unit. Funds recovered by the Director must be deposited in the affordable housing trust fund. The foregoing notwithstanding, the Director may allow the buyer and seller up to 180 days to cure any violation of this chapter’s resale price restrictions upon the buyer and seller’s written request for such cure period.

C. Inclusi onary housing units for rent are subject to the following restrictions:

1. Such rental units must be deed restricted to the target household income group for a minimum of 55 years.

2. The owner of the rental units must certify to the Director, in a form acceptable to the City Attorney, the income of the tenant at the ti me of the initial rental and annually thereafter.

Ordinance No.

3. The renter of an inclusionary housing unit is prohibited from subleasing the unit unless the Director gave its prior written consent to such sublease on the basis of a demonstrated hardship by the renter. Any rent obtained through an unpermitted sublease of an inclusionary housing unit is forfeited to the City, and recovered funds must be deposited in the affordable housing trust fund.

4. The Director may require the execution and recording of whatever documents are necessary or useful in ensuring enforcement of this section which must be recorded against all applicable inclusionary units.

5. Before the escrow closing of an inclusionary housing unit for rent, the seller must provide written notice to the buyer of the affordability restrictions including, without limitation, to resale price restrictions in a document written in plain language and approved, in writing by the Director.

21.19.070 Eligibility Requirements.

A. U nless otherwise provided, o nly eligible households are authorized to occupy inclusionary housing units in this chapter.

B. Elected and appointed officials or employees of the City subject to the City’s conflict of interest code are ineligible to occupy an inclusionary housing unit created under this chapter.

21.19.080 Inclusionary Housing Plan.

No application for a project subject to this chapter’s requirements will be complete until the developer submits an inclusionary housing plan to the City in a form acceptable to the Director that contains all of the following, as applicable:

A. The number, type, and location of all inclusionary housing units for the project.

B. Any requested modifications or waivers and the basis therefore.

C. A detailed methodology for determining the rental rates or sale prices of all inclusionary housing units.

D. The affordability level and affordability term for each inclusionary housing unit.

E. Deed restrictions, including applicable sale and rent limitations set forth in this chapter.

F. A timeline of project phasing, including completion timelines for inclusionary housing units in relation to market rate units.

G. The financing for ongoing monitoring and administrative costs.

Ordinance No.

H. Enforcement mechanisms to ensure that inclusionary housing units are occupied by eligible households and are not sold, rented, leased, sublet, assigned, or otherwise transferred to non-eligible households.

I. The manner in which inclusionary housing units will be marketed and filled, including the screening and qualifying of prospective renters or purchasers of inclusionary housing units.

21.19.090 Inclusionary Housing Agreement.

A. A written inclusionary housing agreement, in a form approved by the City Attorney, must be entered into between the developer and the City for any project providing onsite inclusionary housing units or off-site inclusionary housing units pursuant to this chapter.

B. T he inclusionary housing agreement must include the following:

1. All information required for an inclusionary housing plan.

2. A clause authorizing the recovery of City costs, including , without limitation , attorney’s fees, incurred in any action taken to enforce compliance with the inclusionary housing agreement.

3. Any additional reasonable information the Director requires in ensuring compliance with this chapter.

C. The Building Official will not issue a building permit for a project subject to this section’s requirements until all of this chapter’s applicable requirements of are satisfied, including , without limitation, full execution of an inclusionary housing agreement.

D. The inclusionary housing agreement must be recorded with the Los Angeles County Recorder and will run with the land, binding any developer successor in interest , including bona fide purchasers.

21.19.100 Modifications or Waivers.

A. The City may modify or waive this chapter’s requirements if the developer demonstrates for good cause shown and by substantial evidence to the Director that this chapter’s application would constitute a violation of applicable law or a taking of property in violation of the United States or California Constitutions.

B. Any developer requesting an adjustment or waiver of this chapter’s requirements must submit documentation concurrently with filing the project application that presents substantial evidence to support the adjustment or waiver request. This documentation must set forth in detail the factual and legal basis for any such claim.

Ordinance No.

C. Before or in conjunction with a decision on the proposed project, the Director must render a written decision on the proposed adjustment or waiver of this chapter’s requirements. The Director’s decision may be appealed to the Planning Agency in a manner provided in this code.

21.19.110 Administration and Enforcement.

A. The City Council may establish fees or regulations by resolution for the City’s ongoing administration of this chapter.

B. Any public official, employee, or agent ’s failure to fulfill this chapter’s requirements does not excuse any person, owner, household, or other party from complying with such requirements.

C. The Building Official will not issue a final certificate of occupancy for a project subject to this chapter’s requirements until all of this chapter’s applicable requirements are satisfied, unless otherwise provided in an inclusionary housing agreement.

D. In addition to the general remedies provided in this code and other applicable law, the City Attorney is authorized to take any appropriate enforcement action to ensure compliance with this chapter, including, without limitation:

1. Actions to revoke, deny, or suspend any permit, including a building permit, certificate of occupancy, or discretionary approval.

2. Actions to recover civil fines, restitution to prevent unjust enrichment for violating this chapter, and/or enforcement costs, including attorney’s fees.

3. Eviction or foreclosure.

4. Any other appropriate action for injunctive relief or damages.”

SECTION 4: E
lectronic Signatures . This Ordinance 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 5: C
onstruction. This Ordinance must be broadly construed to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.

SECTION 6: S
everability. If any part of this Ordinance or its Application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable.

Ordinance No.

SECTION 7: R
ecordation. The City Clerk, or designee, is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Monterey Park’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within 15 days after the passage and adoption of this Ordinance, and cause it to be published or posted in accordance with California law.

SECTION 8: E
ffective Date. This Ordinance will become effective 30 days after second reading and adoption.

P
ASSED AND ADOPTED this ____ day of _________, 2022.

____________________________
Heny Lo, Mayor

ATTEST:

________________________________
Vincent D. Chang, City Clerk

APPROVED AS TO FORM:

KARL H. BERGER, CITY ATTORNEY

________________________________
Joaquin Vazquez, Deputy City Attorney

ATTACHMENT 2
Resolution for In-Lieu Inclusionary Housing Fee Calculation

RESOLUTION NO.

A RESOLUTION APPROVING AN INCLUSIONARY HOUSING

IN-LIEU FEE CALCULATION, PURSUANT TO MONTEREY
PARK MUNICIPAL CODE § 21.19.050.

The Council of the City of Monterey Park does resolve as follows:

SECTION 1: The City Council finds and declares as follows:

A. On November 16, 2022, the City Council conducted a second reading and approved an ordinance establishing inclusionary housing requirements (the “IHO”) in Monterey Park Municipal Code (“MPMC”) Chapter 21.19 with alternate compliance, includi ng, without limitation payment of an in-lieu fee.

B. MPMC § 21.19.050(A)(3) authorizes the City Council to establish such an in-lieu fee by resolution.

C. T he City Council seeks to establish a calculation for the inclusionary housing in- lieu fee sufficient to fulfill the financial impact or “affordability gap” that is created by the IHO’s inclusionary housing requirements.

D. MPMC § 21.19.050(A)(5) establishes an Affordable Housing Trust Fund where the City must deposit the inclusionary housing in-lieu fees.

E. The in -lieu fees must be sufficient to generate revenues to cover the administrative costs associated with the management and operation of the trust fund, monitoring, and enforcement activities associated with inclusionary units.

F. Affordable Housing Trust Fund’s monies must be used exclusively for providing affordable housing in the City and for reasonable costs associated with the acquisition, development, maintenance, improvement, and oversight of affordable housing.

G. Pursuant to MPMC § 21.19.110, t he City Manager, or designee, is authorized to administer the Affordable Housing Trust Fund.

SECTION 2: In-Lieu Fee Calculation. The City Council declares the Inclusionary Housing In-Lieu Fee Calculation as follows:

A. The projected market rate sales prices or rents are complied for the proposed project.

B. The maximum affordable price is calculated based on the IHO’s specified affordability standards.

C. The difference between the market rate price and the defined affordable price represents the “affordability gap” associated with each income restricted unit required to be produced.

D. The affordability gap per income- restricted unit is multiplied times the number of units that must be income restricted.

E. The result equals the effective impact of the IHO ’s affordabl e housing requirements; or the in-lieu fee that the City charge.

SECTION 3: Severability. If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affe ct the effectiveness of the remaining provision or application and, to this end, the provisions of this Resolution are severable.

SECTION 4: Execution. 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 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.

SECTION 6: Effective Date. This Resolution will become effective immediately upon the effective date of Ordinance No. ______ and remain effective unless superseded by a subsequent resolution.

PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF
THE CITY OF MONTEREY PARK ON THIS ___ DAY OF __________ 2022.

__________________________
Henry Lo, Mayor
ATTEST:

_______________________________
Vincent D. Chang, City Clerk

APPROVED AS TO FORM:

KARL H. BERGER, CITY ATTORNEY

By: ________________________________
Joaquin Vazquez, Deputy City Attorney

ATTACHMENT 3
Survey of Inclusionary Housing Ordinances

Survey of Inclusionary Housing Ordinances

Jurisdiction Threshold
Units
Inclusionary
Percentage
In
Lieu
Fee
Other
Alternatives
Rental-Units Income
Category
For-Sale Units Income
Category
Term of
Affordability
Monterey
Park
(Proposed)
5+ unit
residential
development
15% Yes • Off-site units • 9% low-income
households
• 6% moderate-income
• Moderate-Income
households
45 years
Alhambra 5+ unit
residential
development
15% Yes • Off-site units
• Land donation
• 9% low-income
households
• 6% moderate-income
households
May be reduced if:
• Very low-income units in
lieu of low-income =
credit of 1.5 units/unit
• Very low-income units in
lieu of moderate-income
= credit of 2 units/unit
• Low-income units in lieu
of moderate-income =
credit of 1.5 units/unit
• 9% low-income
households
• 6% moderate-income
households
May be reduced if:
• Very low-income units
in lieu of low-income =
credit of 1.5 units/unit
• Very low-income units
in lieu of moderate-
income = credit of 2
units/unit
• Low-income units in
lieu of moderate-
income = credit of 1.5
units/unit
45 years
Duarte 4+ unit
residential
development
15% Yes NA • very low, low or
moderate-income
households
• 40% of inclusionary units
must be for very low-
income households
May be reduced if:
• Very low-income units in
lieu of moderate-income
= credit of 2 units/unit
• Low-income units in lieu
of moderate-income =
credit of 1.5 units/unit
• Moderate-Income
households
May be reduced if:
• Very low-income units
in lieu of moderate-
income = credit of 2
units/unit
• Low-income units in
lieu of moderate-
income = credit of 1.5
units/unit
• Rental
Units: 55
years
• For-Sale
Units: 45
years

Survey of Inclusionary Housing Ordinances

Jurisdiction Threshold
Units
Inclusionary
Percentage
In
Lieu
Fee
Other
Alternatives
Rental-Units Income
Category
For-Sale Units Income
Category
Term of
Affordability
La Habra* 10+ unit
residential
development
15% Yes • Off-site units
• Land donation
• Acquire and
reconstruct
existing units
• Combination
of options
allowed
• 6% low-income
households
• 9% moderate-income
households

Households earning no
more than 110% AMI**
• Rental
Units: 55
years
• For-Sale
Units: 45
years
Los Angeles
County
5+ unit
residential
development
Rental (< 15 units):
• 40% AMI or less =
5%
• 65% AMI or less =
7%
• 80% AMI or less =
10%
Rental (15 units or >):
• 40% AMI or less =
10%
• 65% AMI or less =
15%
• 80% AMI or less =
20%
For-Sale (< 15 units):
• 135% AMI or less =
7%
For-Sale (15 units or
>):
• 135% AMI or less =
15%
No • Off-site units

Extremely low, very low,
low or moderate-income
households
Moderate or middle
income households
• Rental
Units: in
perpetuity
• For-Sale
Units:
determined
by equity-
sharing
agreement

Survey of Inclusionary Housing Ordinances

Jurisdiction Threshold
Units
Inclusionary
Percentage
In
Lieu
Fee
Other
Alternatives
Rental-Units Income
Category
For-Sale Units Income
Category
Term of
Affordability
Pasadena 10+ unit
residential
development
20% Yes • Off-site units
• Land donation
• Off-site units
when very low,
low or
moderate-
income
households
are displaced
• 5% very low-income
households
• 5% very low or low-
income households
• 10% very low, low or
moderate-income
households
very low, low or
moderate-income
• Rental
Units: in
perpetuity
• For-Sale
Units: 45
years
South
Pasadena
3+ unit
residential
development
20% Yes • Off-site units
• Rehabilitation/
conversion of
equivalent
number of
existing units
to affordable
units
• Land donation
• ≤10 Units – 2 units lower
income, or 1 very low &
1 non-above moderate
income
• 11+ Units – 50%
extremely low or very
low and 50% lower
income
Moderate-income 55 years
* Outside of the San Gabriel Valley.
** AMI = Area Median Income means the median family income of a geographic area.

ATTACHMENT 4
Notice of Exemption

Notice of Exemption From: City of Monterey Park Planning 320 W. Newmark Avenue
To: Monterey Park, CA 91754
Office of Planning and Research
1400 Tenth Street, Room 121
Sacramento, CA 95814
Los Angeles, County Clerk
Environmental Filings
12400 Imperial Highway #1201
Norwalk, CA 90650
Attn: Business Filings and Registration

Project Title: Zoning Code Amendment (ZCA 22-01)
Project Location - Specific: Citywide
Project Location - City: Monterey Park
Project Location - County: Los Angeles

Description of Project:

Approval of a code amendment to Title 21 (Zoning) of the Monterey Park Municipal Code to add Chapter 21.19, entitled “Inclusionary Housing,” to implement the Monterey Park Housing Element.

Name of Public Agency Approving Project: City of Monterey Park Name of Person or Agency Carrying Out Project: City of Monterey Park

Exempt Status: (check one)
Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Categorical Exemption. State type and section number:
x Statutory Exemptions. State code number: 15061(b)(3); 15061(b)(3); and 15378

Reasons why project is exempt:

Code amendment (ZCA 22-01) is exempt from further CEQA review for the following reasons: (1) it will not result in a direct or reasonably foreseeable indirect physical change in the environment (14 Cal. Code Regs. § 15060(c)(2); (2) there is no possibility that the ordinance may have a significant effect on the environment because this is a non -discretionary review of proposed legislation and any potential, associated housing projects would undergo discrete environmental review (14 Cal. Code Regs. § 15061(b)(3); and (3) the ordinance, by its elf, does not constitute a “project” as defined in the CEQA Guidelines because it involves a policy action that is administrative in nature relating to affordable housing requirements and prospective future development to comply with Housing Element Program 15 (14 Cal. Code Regs. § 15378).

Lead Agency Contact Person: Jessica Serrano Telephone (626) 307-1315

If filed by applicant:

1. Attach certified document of exemption finding.

2. Has a notice of exemption been filed by the public agency approving the project? Yes
No

Signature: ____________________________ _____ Date: Title: Planning Manager

Signed by Lead Agency Date received for filing at OPR:

Signed by Applicant

City Council Staff Report
DATE: November 2, 2022
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Martha Garcia, Director of Management Services
SUBJECT: Public Hearing and Adoption of a Resolution Authorizing the Application and Receipt of Grant Funds for the Permanent Local Housing Allocation Program through the California Department of Housing and Community Development
RECOMMENDATION:

It is recommended that the City Council consider:

1. Opening the public hearing to receive testimonial and documentary evidence;

2. After closing the public hearing and considering the evidence, adopt a Resolution authorizing the City Manager, or designee, to apply for and accept grant funding in the amount of $1,913,226 from the California Department of Housing and Community Development's Permanent Local Housing Allocation Program;

3. Authorize the City Manager, or designee, to prepare and transmit the final documents to the California Department of Housing and Community Development ("HCD");

4. Authorize the City Manager or designee to execute and submit the Standard Agreement for this grant, including amendments, in a form approved by the City Attorney;

5. Authorize the City Manager or designee to take all actions necessary or desirable implement the proposed Permanent Local Housing Allocation Program five-year plan;

6. Authorize City Manager or designee to appropriate $814,496 to the FY22-23 budget; and

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

EXECUTIVE SUMMARY:

On August 17, 2022, the California Department of Housing and Community Development (HCD) issued a Notice of Funding Availability (NOFA) for Permanent Local Housing Allocation Program Entitlement funds. This NOFA provides the City with an opportunity to apply for $1,359,916 in 2019, 2020 and 2021 Permanent Local Housing Allocation (PLHA) Program funds. The PLHA Program provides a permanent source of funding to Public Hearing - 4B

Staff Report

November 2, 2022

cities and counties to help meet the unmet need for affordable housing and increase the supply of affordable housing units.

Before Monterey Park can receive these funds, the City must submit an application to HCD not later than November 30, 2022. The application includes a five-year plan (2019to 2023) for the proposed use of the PLHA Program funds. The estimated available PLHA funds for this five-year period is $1,913,226. However, only the 2019, 2020 and 2021 dollar amounts totaling $1,359,916 are identifiable. Consequenlty, only those three years can be included in the current application . Separate streamlined applications for the additional two years (2022 and 2023) will be submitted when a Notice of Funding Availability for the funds is issued by HCD. Additional action by the City Council to submit an application for the additional two years of the five-year period is not required unless the activities being recommended below for approval by City Council in this application are amended. The attached Resolution includes the estimate total for all five years and will be used for future streamlined applications.

Staff is recommending that the PLHA application for the five-year period include the following eligible activit ies related to assisting persons who are experiencing homelessness:

1. Outreach Services costs associated with providing essential services necessary to reach out to unsheltered homeless people; connect them with emergency shelter, housing, or critical services; and provide urgent, nonfacility-based care to unsheltered homeless people who are unwilling or unable t o access emergency shelter, housing, or an appropriate health facility;

2. Supportive/case management services that allow people to obtain and retain housing; and

3. Rapid re-housing that will provide first and last month’s rental deposits and monthly rental assistance for up to the maximum period allowed by the State.

All of the above activities will focus on individuals and families experiencing or at risk of homelessness with incomes at or below 30% AMI with a goal of assisting a minimum of 10 households per year with retaining and/or securing permanent housing.

BACKGROUND:

Under the PLHA Program, funding is provided through formula grants to entitlement jurisdictions (i.e., metropolitan cities with populations of at least 50,000) based on the formula prescribed under federal law for the Community Development Block Grant (CDBG) Program over a five-year funding period. The City is an entitlement jurisdiction and is eligible to receive an allocation of $1,359,916 in 2019, 2020 and 2021 funds. The allocations for remaining two years (2022 and 2023) are not included because the funds are calculated from recording fees for real estate transactions paid to the County of Los Angeles. Those dollar amounts are not known yet. However, HCD estimates that the total allocation over the five-year period (2019, 2020, 2021, 2022 and 2023) to be $1,913,226.

It is important to note that the amount included in the Resolution is only an estimate since annual PLHA amounts are subject to change. This is because funding for the PLHA

Staff Report

November 2, 2022

Program is generated through a fee on real estate transactions, which may fluctuate from year to year.

The application deadline for this allocation of PLHA Program grant funds is November 30, 2022 (which was extended from October 31, 2022). It is anticipated that the State will issue grant awards on or about February 28, 2023.

There are specific thresholds that the City must meet to be eligible for the grant funds as follows:

1. Conduct a public hearing to receive input on the proposed use of funds. This public hearing satisfies this requirement.

2. Housing Element compliance no later than the award of the grant funds which is estimated to be no later than February 28, 2023 . The Housing Element was adopted by the City Council in January 2022 and is currently under review by the State of California.

3. Submittal of the Housing Element Annual Performance Report (APR) for each corresponding application funding year s (2019, 2020 and 2021) no later than November 30, 2022. The 2019 and 2020 APRs were submitted. The 2021 APR will be submitted not later than November 30, 2022.

Upon City Council approval of the application, staff will be actively working with the State of California Housing Policy Division to obtain compliance of the City’s Housing Element.

In addition, staff will be completing the 2021 APR. Once both of these items are complete, the PLHA application will be uploaded and formally submitted to the State no later than November 30, 2022.

Proposed Activities

The City intends to utilize the PLHA Program grant funding assisting persons who are experiencing or at risk of homelessness including, without limitation, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing.

The public notice was published on October 6, 2022 , in the Monterey Park Progress newspaper to inform the public of the 10-day public review period Public Hearing for discussions on the 2019-2025 PLHA Plan. The draft PLHA Plan was available for public review from October 6, 2022 through October 19, 2022. At the time of preparing this staff report, City staff has not received any written comments concerning the PLHA Plan.

FISCAL IMPACT:

Staff Report

November 2, 2022

The revenue source of PLHA Program entitlement funds is derived from recording fees for real estate transactions paid to the County of Los Angeles. Therefore, there is no fiscal impact to the General Fund.

Respectfully submitted by:

Martha Garcia
Director of Management Services

Approved by:

Reviewed by:

Ron Bow
City Manager
Karl H. Berger
City Attorney

ATTACHMENTS:

1. Draft Resolution

2. Permanent Local Housing Program Application

3. Draft Permanent Local Housing Program Five-Year Plan

Staff Report
November 2, 2022
AT
TACHMENT 1
Draft Resolution

RESOLUTION NO.

A RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE,

TO APPLY FOR, RECEIVE AND APPROVE GRANT FUNDS FOR THE

PERMANENT LOCAL HOUSING ALLOCATION PROGRAM
The City Council of the City of Monterey Park does resolve as follows:

SECTION 1: Findings. The City Council finds and declares that the City Manager is authorized to complete and implement the document provided by the California Department of Housing and Community Development attached as Exhibit “A,” and incorporated by reference (“HCD Document”).

SECTION 2: Authorizations. The Mayor, City Clerk, and City Attorney are additionally authorized to affix their signatures as may be needed to effectuate the approval process outlined in the HCD Document. The HCD Document may be separately submitted to the California Department of Housing and Community Development as an official instrument of the City of Monterey Park.

SECTION 4: Expenditures. The City Manager, or designee, is authorized to accept and spend the grant monies identified in this Resolution for the purposes set forth herein.

SECTION 5: Budget. The City Council amends or supplements the City’s Budget for fiscal year 2022-23 to appropriate the monies identified. The City Manager, or designee, is authorized to implement the purpose of this section.

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. 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: Severability. If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Resolution are severable.

SECTION 9: Effective Date. This Resolution becomes effective immediately upon adoption and will remain effective until repealed or superseded.

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.

Approved and adopted this 2nd day of November, 2022.

Henry Lo, Mayor
ATTEST:

Vincent D. Chang, City Clerk
APPROVED AS TO FORM:
___________________________
Karl H. Berger, City Attorney
State of California )
County of Los Angeles) ss.

City of Monterey Park )
I, Vincent D. Chang, City Clerk of the City of Monterey Park, 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 meeting held on the 2nd day of November 2022, by the following vote:

Ayes: Council Members:

Noes: Council Members:

Absent: Council Members:

Abstain: Council Members:

Dated this ____ day of November, 2022.

Vincent D. Chang, City Clerk Monterey Park, California

_____________
___________________________________________________________ AUTHORIZING RESOLUTION OF _______________________________

AUTHORIZING THE APPLICATION AND ADOPTING THE PLHA PLAN FOR THE

PERMANENT LOCAL HOUSING ALLOCATION PROGRAM
________________________________________________ of the ________________________________________________________ of __________________________________________________________________ _ _____________________________hereby consents to, adopts, and ratifies the following resolution:
_
A. WHEREAS, the Department is authorized to provide up to $304 million under the SB 2 Permanent Local Housing Allocation Program Formula Component from the Building Homes and Jobs Trust Fund for assistance to Cities and Counties (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2)).

B. WHEREAS the State of California (the “State”), Department of Housing and Community Development (“Department”) issued a Notice of Funding Availability (“NOFA”) dated 5/3/2021 under the Permanent Local Housing Allocation (PLHA) Program;
C. WHEREAS _______________________________ is an eligible Local government who has applied for program funds to administer one or more eligible activities, or a Local or Regional Housing Trust Fund to whom an eligible Local government delegated its PLHA formula allocation.

D. WHEREAS the Department may approve funding allocations for PLHA Program, subject to the terms and conditions of the Guidelines, NOFA, Program requirements, the Standard Agreement, and other contracts between the Department and PLHA grant recipients;
NOW THEREFORE BE IT RESOLVED THAT:

1. If Applicant receives a grant of PLHA funds from the Department pursuant to the above referenced PLHA NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the PLHA Program, as well as any and all contracts Applicant may have with the Department.

2. Applicant is hereby authorized and directed to receive a PLHA grant, in an amount not to exceed the five-year estimate of the PLHA formula allocations, as stated in Appendix C of the current NOFA ______________________ in accordance with all applicable rules and laws.

Exhibit A
(Resolution in State HCD Format)

3. Applicant hereby agrees to use the PLHA funds for eligible activities as approved by the Department and in accordance with all Program requirements, Guidelines, other rules and laws, as well as in a manner consistent and in compliance with the Standard Agreement and other contracts between the Applicant and the Department.

4. Pursuant to Section 302(c)(4) of the Guidelines, Applicant’s PLHA Plan for the 2019-2023 Allocations is attached to this resolution, and Applicant hereby adopts this PLHA Plan and certifies compliance with all public notice, public comment, and public hearing requirements in accordance with the Guidelines.

5. If applicable: Applicant certifies that it was delegated by [insert name of the delegating local government] to submit an application on its behalf and administer the PLHA grant
award for the formula allocation of PLHA funds, pursuant to Guidelines Section 300(c) and 300(d), and the legally binding agreement between the recipient of the PLHA funds and the Applicant is submitted with the PLHA application.

6. If applicable: Applicant certifies that it has or will subgrant some or all of its PLHA funds to another entity or entities. Pursuant to Guidelines Section 302(c)(3), “entity” means a housing developer or program operator, but does not mean an administering Local government to whom a Local government may
delegate its PLHA allocation.

7. If applicable: Applicant certifies that its selection process of these subgrantees was or will be accessible to the public and avoided or shall avoid any conflicts of interest.

8. If applicable: Pursuant to Applicant’s certification in this resolution, the PLHA funds will be expended only for eligible Activities and consistent with all program requirements.

9. If applicable: Applicant certifies that, if funds are used for the acquisition, construction or rehabilitation of for-sale housing projects or units within for-sale housing projects, the grantee shall record a deed restriction against the property that will ensure compliance
with one of the requirements stated in Guidelines Section 302(c)(6)(A),(B) and (C).

10. If applicable: Applicant certifies that, if funds are used for the development of an Affordable Rental Housing Development, the Local government shall make PLHA assistance in the form of a low-interest, deferred loan to the Sponsor of the Project, and such loan shall be evidenced through a Promissory Note secured by a Deed of Trust and a Regulatory Agreement shall restrict occupancy and rents in accordance with
a Local government-approved underwriting of the Project for a term of at least 55 years.

11. Applicant shall be subject to the terms and conditions as specified in the Standard Agreement, the PLHA Program Guidelines and any other applicable SB 2 Guidelines published by the Department.

12. ______________________________________ is/are authorized to execute the PLHA Program Application, the PLHA Standard Agreement and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program
or the PLHA grant awarded to Applicant, as the Department may deem appropriate.

PASSED AND ADOPTED at a regular meeting of the __________________________ this day of, 2022, by the following vote:

AYES: ABSTENTIONS: NOES: ABSENT:

Signature of Approving Officer:_______________________________ ___________________________________________
INSTRUCTION: The
attesting officer cannot be the person identified in the r esolution as the authorized signor

CERTIFICATE OF THE ATTESTING OFFICER
The undersigned, Officer of _________________________________ does hereby attest and certify that the ________________________ Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of the
__________________________________
which was duly convened and held
on the date
stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.

ATTE
ST:

Signature of Attesting Officer
_________________________

Staff Report
November 2, 2022
ATTACHMENT 2
Pernament Local Housing Program Application

Eligible Applicant Type: Entitlement.

Local Government Recipient of PLHA Formula Allocation: Monterey Park 2020 PLHA NOFA Formula Allocation Amount:

Zip Code:
(626) 307-1349
Contact Name:

City:

Phone:

Address:

Address:
320 West Newmark Avenue
Contact Email: [email protected]
City:
91754 Los AngelesState:

Monterey Park
[email protected] Rep. Email:

Title: Director of Mgmt Services Contact Phone:

Monterey Park State:
$318,871 2020 NOFA Allowable Local Admin (5%): $15,944
Eligible Applicants §300
§300(a) and (b) Eligible Applicants for the Entitlement and Non-Entitlement formula component described in Section §100(b)(1) and (2) are limited to the metropolitan cities and urban counties allocated a grant for the federal fiscal year 2017 pursuant to the federal CDBG formula specified in 42 USC, Section §5306 and Non-entitlement local governments.

Applicant: City of Monterey Park
County:
(626) 307-1349
91754
Auth Rep Name: Ron Bow
City: Monterey Park CA Zip:

Zip Code:
2022 PLHA NOFA Formula Allocation Amount: $545,420 2022 NOFA Allowable Local Admin (5%): $27,271 Yes
§301(a)(10) Fiscal incentives made by a county to a city within the county to incentivize approval of one or more affordable housing Projects, or matching funds invested by a county in an affordable housing development Project in a city within the county, provided that the city has made an equal or greater investment in the Project. The county fiscal incentives shall be in the form of a grant or low-interest loan to an affordable housing Project. Matching funds investments by both the county and the city also shall be a grant or low-interest deferred loan to the affordable housing Project. §301(a)(9) Homeownership opportunities, including, but not limited to, down payment assistance. §301(a)(8) Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments.

N/A
File Name:

Pursuant to section 302(c)(4) of the Guidelines, Applicant’s PLHA Plan for 2019-2023 allocations is attached to this resolution, and Applicant certifies compliance with all public notice, comment, and hearing requirements in accordance with the Guidelines.

No
App1 TIN
Application and Adopting the
PLHA Plan (2019-2023
Allocations) Reso
Included?§301(a) Eligible activities are limited to the following:

File Name:

Uploaded to HCD? N/A
Uploaded to
HCD?Yes
Yes
File Name:
§302(c)(4) Applicant certified in the Resolution submitted with this application that the application include a Plan in accordance with §302(c)(4)? Signature Date
Certifications
Applicant agrees to adhere to §503, Reporting. Yes
Applicant agrees to adhere to §502, Cancellation/Termination.

Authorized Representative Printed Name Title
Yes
On behalf of the entity identified below, I certify that: The information, statements and attachments included in this application are, to the best of my knowledge and belief, true and correct and I possess the legal authority to submit this application on behalf of the entity identified in the signature block.

YesApplicant agrees to adhere to §501, Audits/Monitoring of Project Files.

YesApplicant agrees to adhere to §500, Accounting Records.

Applicant Delegation Agreement Legally binding agreement between Delegating and Administering Local Governments (sample provided—just click on icon in row 17, column AI) Yes
§302(c)(5) Applicant certified in the Resolution submitted with this application that the Plan submitted is for a term of five years (2019-2023). Local Governments agree to inform the Department of changes made to the Plan in each succeeding year of the term of the Plan. Yes §302(c)(6) Applicant certified in the Resolution submitted with this application that it will ensure compliance with §302(c)(6) if funds are used for the acquisition, construction, or rehabilitation of for-sale housing projects or units within for-sale housing projects.

Yes
Yes
Administration
§302(c)(4)(D) Applicant certified in the Resolution submitted with this application that the Plan was authorized and adopted by resolution by the Local Government and that the public had an adequate opportunity to review and comment on its content. §302(c)(7) Applicant certified in the Resolution submitted with this application that it will ensure that the PLHA assistance is in the form of a low-interest, deferred loan to the Sponsor of the Project, if funds are used for the development of an Affordable Rental Housing Development. The loan shall be evidenced through a Promissory Note secured by a Deed of Trust and a Regulatory Agreement shall restrict occupancy and rents in accordance with the Local government-approved underwriting of the Project for a term of at least 55 years.

Yes
File Name: Reuse Plan Program Income Reuse Plan describing how repaid loans or accrued interest will be used for eligible activities in Section 301.

Narrative uploaded
to HCD? Yes
§302(c)(8) Has Applicant attached a program income reuse plan describing how repaid loans or accrued interest will be reused for eligible activities specified in Section Yes
§302(c)(3) Applicant certified in the Resolution submitted with this application that, if the Local Government proposes allocation of funds for any activity to another entity, the Local government’s selection process had no conflicts of interest and was accessible to the public. §302(c)(2) Applicant certified in the Resolution submitted with this application that submission of the application was authorized by the governing board of the Applicant.

Eligible Activities, §301
Title:
91754
Yes
§302(a) The Applicant's Housing Element and Delegating Local Government's Housing Element (if applicable) was/were adopted by the Local Government’s governing body by the application submittal date subsequently determined to be in substantial compliance with state Housing Element Law pursuant to Government Code Section 65585.

Yes
§301(a)(3) Matching portions of funds placed into Local or Regional Housing Trust Funds.

State: CA
Address:

Martha Garcia
City Manager
320 West Newmark Avenue
Yes
Threshold Requirements, §302
§302(b) Applicant or Delegating Local Government has submitted the current or prior year's Annual Progress Report to the Department of Housing and Community Development pursuant to Government Code Section 65400. Yes §300(d) If Applicant answered "Yes" above, has the Applicant attached the legally binding agreement required by §300 (c) and (d)? A sample agreement can
be found by double clicking
on the icon to the right
Local Government Formula Allocation for New Applicants Rev. 2/16/22 320 West Newmark Avenue
§301(a)(2) The predevelopment, development, acquisition, rehabilitation, and preservation of affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high-cost areas. ADUs shall be available for occupancy for a term of no less than 30 days.
§301(a)(1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live-work, rental housing that is affordable to Extremely low-,Very low-, Low-, or Moderate-income households, including necessary operating subsidies. §301(a)(7) Accessibility modifications in Lower-income Owner-occupied housing. §301(a)(6) Assisting persons who are experiencing or At-risk of homelessness, including, but not limited to, providing rapid re-housing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing. §301(a)(5) Capitalized Reserves for services connected to the preservation and creation of new permanent supportive housing. §301(a)(4) Matching portions of funds available through the Low- and Moderate-Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176.

Instructions: If the Local Government Recipient of the PLHA Formula Allocation delegated its PLHA formula allocation to a Local Housing Trust Fund or to another Local Government, the Applicant (for which information is required below) is the Local Housing Trust Fund or administering Local Government. The PLHA award will be made to the Applicant (upon meeting threshold requirements) and the Applicant is responsible for meeting all program requirements throughout the term of the Standard Agreement.

The 302(c)(4) Plan template worksheet requires first choosing one or more of the Eligible Activities listed below. If "Yes" is clicked, the 302(c)(4) Plan worksheet opens a series of questions about what precise activities are planned. Some specific activities, such as providing downpayment assistance to lower-income households for acquisition of an affordable home, could be included under either Activity 2 or 9. Please only choose one of those Activities; don't list the downpayment assistance under both Activities.

If the PLHA funds are used for the same Activity but for different Area Median Income (AMI) level, select the same Activity twice (or more times) and the different AMI level the Activity will serve. Please enter the percentage of funds allocated to the Activity in only the first Activity listing to avoid double counting the funding allocation.

For each year (2019-2023), allocations must equal 100% annually including the allowable administrative costs of up to 5%. 2021 PLHA NOFA Formula Allocation Amount: $495,625 2021 NOFA Allowable Local Admin (5%): $24,781 Uploaded to HCD?
§300(d) Is Applicant delegated by another Local government to administer on its behalf its formula allocation of program funds? CA
YE
S
YES
YE
S
YE
S
YE
S
YE
S
YE
S
YES
YES
YES
SAMPLE -Legally
Binding Agreement
PLHA Page 1 Formula Allocation Application
ATTACHMENT 2
APPLICATION - PERMANENT LOCAL HOUSING PROGRAM - 2019, 2020, 2021, 2022 AND 2023

Staff Report
November 2, 2022
ATTACHMENT 3
Draft Pernament Local Housing Program
Five-Year P
lan

§301(a)(6) Assisting persons who are experiencing or At risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.
§302(c)(4)(C) Provide a description of how the Plan is consistent with the programs set forth in the Local Government’s Housing Element.

Providing funds for case management and rental assistance to rapidly rehouse unsheltered residents is consistent with the City’s Housing Element by expanding housing opportunities for homeless individuals and families. Goal 2 of Removing Governmental Constraints, Program 4 sets out to facilitate housing for special needs populations that include homeless individuals and families, including operating the Neighborhood Engagement Team that employs a social worker and housing navigator to better serve the needs of the homeless. §302(c)(4) Plan Rev. 2/16/22
§302(c)(4)(A) Describe the manner in which allocated funds will be used for eligible activities.

The City of Monterey Park will use allocated funds to assist persons who are experiencing homelessness by providing rapid rehousing and rental assistance to individuals and families, including case management and housing navigation services that allow people to obtain and retain housing. The City will also allocate funds to add clinical case management services to the City-funded Neighborhood Engagement Team (homeless outreach team) and for administration of the program. Additional services will include rental assistance with case management and supportive activities would assist the qualifying population with appropriate services to their specific situation to find a long-term solution. §302(c)(4)(B) Provide a description of the way the Local government will prioritize investments that increase the supply of housing for households with incomes at or below 60 percent of Area Median Income (AMI).

Homeless individuals and families are classified as “Presumed Beneficiaries” under the Department of Housing and Urban Development (HUD) guidelines, meaning they are considered to be “Very-Low Income”’ at 30% or less of area AMI. Prioritizing PLHA dollars to rapidly rehouse unhoused individuals and families will help to increase the supply of housing available to those households. By providing six to twelve months of rental assistance, clinical case management, housing navigation, and ongoing support to obtain and retain housing, households are better positioned to maintain housing in cases where the rental subsidy ends.

Activities Detail (Activities Detail (Must Make a Selection on Formula Allocation Application worksheet under Eligible Activities, §301)) 2022
The City of Monterey Park will allocate funds to assist persons who are experiencing homelessness by providing the following services:

1. Street outreach services provided through the City’s Neighborhood Engagement Team operating within the City’s Police Department.

2.Rapid rehousing to individuals and families, including first and last months rent, six to twelve months of rental assistance, case management, and ongoing support services, and housing navigation services that allow people to obtain and retain housing.

3.Fund at least one additional Social Worker in the Neighborhood Engagement Team to provide needed clinical case management services to unsheltered individuals living on the streets, in encampments.

4.A maximum of 5% of the annual grant will be allocated to Administration (Five-year estimate: $95,661). The budget below excludes the 5% administration portion of the grant funds.

Complete the table below for each proposed Activity to be funded with 2019-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annual funding allocated to the Activity one time (to avoid double counting). 2020 2021 2021

60.00% 20.00% 15.00%
Rapid
Rehousing
Street
Outreach
Supportive/
Case
Manageme
nt Services
§302(c)(4)(E)(i) Percentage of
Funds Allocated for the
Proposed Activity

35.00% 20.00% 40.00% 20.00% 15.00%
Rapid
Rehousing
Street
Outreach
Supportive/
Case
Manageme
nt Services
Rapid
Rehousing
Funding Allocation Year 2019 2019 2019 2020 2020 2022 2023 20232021 2022 Rapid
Rehousing
Street
Outreach
Supportive/
Case
Manageme
nt Services
30% 30% 30% TOTAL30% 30% 30% 30% 30% 30%§302(c)(4)(E)(ii) Area Median Income Level Served 30% 30%
Upon approval of Monterey Park’s PLHA application from the State, the City will expand its homeless outreach services provided through the Neighborhood Engagement Team. The City has solicited proposals from local housing service providers and has selected Family Promise to assist the Neighborhood Engagement Team with the homeless services. To monitor programs funded with PLHA, staff will require that subrecipients submit quarterly reports that include numbers served, income levels, and a narrative, as well as a sources and uses report detailing funds expended. §302(c)(4)(E)(i) Provide a detailed and complete description of how allocated funds will be used for the proposed Activity. §302(c)(4)(E)(ii) Unmet share of
the RHNA at AMI Level
Note: complete for years
2019, 2020, 2021 only
205 205 205 205 205 1025
30% 30% 30%
Street
Outreach
Supportive/
Case
Manageme
nt Services

35.00% 40.00% 55.00%60.00% 30.00% 30.00%
Type of Activity for Persons
Experiencing or At Risk of
Homelessness
20 20 20 20 310
§302(c)(4)(E)(iv) Period of
Affordability for the Proposed
Activity (55 years required for
rental housing projects)

N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A §302(c)(4)(E)(ii) Projected
Number of Households Served 30 20 20 30 20 20 30 20 20 20 Street
Outreach
Supportive/
Case
Manageme
nt Services
§302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of the Activity.

PLHA Page 1 302(c)(4) Plan
ATTACHMENT 3
FIVE-YEAR PLAN - PERMANENT LOCAL HOUSING PROGRAM - 2019, 2020, 2021, 2022 AND 2023

City Council Staff Report
DAT
E: November 2, 2022
AGENDA ITEM NO:

TO:

The Honorable Mayor and City Council
FROM: Steve Sizemore, Interim Director of Community Development Matt Hallock, Fire Chief
SUBJECT: Consideration and possible action to read by title only, waive further reading, and introduce Ordinance amending Titles 16 and 17 of the Monterey Park Municipal Code by adopting the 2022 Edition of The California Building Standards Code and the Monterey Park Amendments to the California Building Standards Code ; set public hearing for November 16, 2022.

RECOMMENDATION:

It is recommended that the City Council consider:

1. Reading by title only, waiving further reading, and introducing the proposed Ordinance;

2. Scheduling a public hearing on November 16, 2022 for the second reading and adoption of the Ordinance; and/or

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

EXECUTIVE SUMMARY:

Ev
ery three years, the State of California adopts new uniform codes that apply to all jurisdictions within California. These are codified in Title 24 of the Code of California Regulations and are commonly referred to as “uniform codes” or the California Building Standards Code (“CBSC”). The 2022 CBSC takes effect on January 1, 2023. California law allows local governments to make limited amendments the CBSC based upon local climatic, topographical, and geological conditions, or for administrative reasons.

If
adopted, the proposed Ordinance would incorporate the uniform codes by reference into the MPMC. Additionally, the Ordinance would make limited amendments to these regulations based upon local conditions.

CEQA (California Environmental Quality Act):

Pur
suant to the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines, the proposed Ordinance affects commercial development or businesses and is not subject to further review under CEQA for the following reasons: (1) the Ordinance is an action being taken for enhanced environmental protection (14 Cal.

Code Regs. § 15308); (2) there is no possibility that the ordinance may have a significant effect on the environment (14 Cal. Code Regs. § 15061(b)(3)); and (3) it will New Business - 5A

not result in a direct or reasonably foreseeable indirect physical change in the environment (14 Cal. Code Regs. § 15060(c)(2)). The notice of exemption prepared for this project is cont ained in Attachment 2.

TYPE OF ACTION (LEGISLATIVE)
The recommended action is to amend MPMC Titles 16 and 17 by adopting the 2022 Edition of the CBSC. In considering such action, the City Council acts in its discretionary legislative capacity (formulating rules that apply to all future cases). For the proposed amendments, the City Council must find that they are reasonably necessary because of local climatic, geological or topographical conditions (Health and Safety Code § 17958.7).

These findings, and the facts upon which they rely, are included with in the draft Ordinance.

BACKGROUND:

The California Building Standards Commission is authorized by Health and Safety Code §§
18901 through 18949.31 to administer the processes governing to adoption, approval, publication, and implementation of California’s uniform codes every three years.

These uniform codes – which are codified in Title 24 to the California Code of Regulations – constitute a compilation of different types of criteria from three sources:
• Bui
lding standards that are adopted by state agencies with change from building standards contained in national model codes;
• Bui
lding standards that are adopted and adapted from the national model code standards to meet California conditions; and
• Bui
lding standards, authorized by the California legislature, that constitute extensive additions not covered by the model codes that have been adopted to address particular California concerns.

An ex
ample of a uniquely California requirement would be earthquake readiness.

Altogether, 2022 Edition of the California Building Standards Code (CBSC) includes the following:

1. The Cal
ifornia Building Code, 2022 Edition - Vol. I & II as published in Title 24, Part 2 of the California Code of Regulations;

2. The Cal
ifornia Residential Code, 2022 Edition, as published in Title 24, Part 2.5 of the California Code of Regulations;

3. The Cal
ifornia Electrical Code, 2022 Edition, as published in Title 24, Part 3 of the California Code of Regulations;

4. The Cal
ifornia Mechanical Code, 2022 Edition, as published in Title 24, Part 4 of the California Code of Regulations;

5. The Cal
ifornia Plumbing Code, 2022 Edition, as published in Title 24, Part 5 of the California Code of Regulations;

6. The Cal
ifornia Energy Code, 2022 Edition, as published in Title 24, Part 6 of the California Code of Regulations;

7. The Cal
ifornia Historical Building Code, 2022 Edition, as published in Title 24, Part 8 of the California Code of Regulations;

8. The Cal
ifornia Existing Building Code, 2022 Edition, as published in Title 24, Part 10 of the California Code of Regulations;

9. The Cal
ifornia Green Building Standards Code, 2022 Edition, as published in Title 24, Part 11 of the California Code of Regulations; and

10. The Cal
ifornia Referenced Standards Code, 2022 Edition, as published at Title 24, Part 12, of the California Code of Regulations.

California law does allow each local jurisdiction to make limited amendments to the CBSC to govern unique issues within that jurisdiction. For example, coastal cities may make changes to address coastal erosion. In Monterey Park, the primary issues are fire prone open
and inhabited areas, combined with steep topography, and seasonal high winds
. Additionally, like virtually every other jurisdiction in California, the City must be prepared for
earthquake activity. To address these local challenges, the proposed Ordinance makes local amendments to the CBSC.

Since the City is incorporating the CBSC into the Monterey Park Municipal Code (“MPMC”), Government Code § 5002.3 requires that the City Council conduct a
public hearing before adopting the Ordinance. Accordingly, if the Ordinance is introduced, a public hearing would be noticed for the November 16, 2022 City Council meeting.

The City
Council should also be aware that there are several project applications that are being reviewed by
the City. It is unclear whether the City will issue building permits before t
he end of 2022 for these projects. Pursuant to the overall objective of the 2020 Monterey
Park Business Recovery Program – which is to facilitate construction to boost economic health within the City – the Ordinance would allow pending project applications to comply with the 2019 uniform codes if the City issues a building permit for
those projects by April 1, 2023 (90 days from January 1, 2023). Without that provision, all projects would need to comply with the CBSC on January 1, 2023. That could result in a significant delay (and cost) to developers applying for building permits based upon the 2019 uniform
codes.

FISCAL
IMPACT:

There no identifiable fiscal impacts associated with adopting the Ordinance and Resoluti
on (other than administrative costs associated with codifying the Ordinance).

Respectfully submitted by: Respectfully submitted by:

Steve Sizemore
Interim Director of Community
Development
Matt Hallock,
Fire Chief
Prepared by:

Dennis Tarango,
Acting Building Official
Approved by: Reviewed by:

Ron Bow
City Manager
Joaquin Vazquez
Deputy City Attorney
ATTA
CHMENTS:

1. Ordinanc
e and Exhibit “A” – Findings - Local Amendments to the 2022 California Building Standards Code

2. Notice of Exemption

ATTACHMENT 1
Ordinance

ORDINANCE NO. ____

AN ORDINANCE ADOPTING THE 2022 EDITIONS OF THE CALIFORNIA

BUILDING CODE, THE CALIFORNIA RESIDENTIAL CODE, THE

CALIFORNIA ELECTRICAL CODE, THE CALIFORNIA MECHANICAL

CODE, THE CALIFORNIA PLUMBING CODE, THE CALIFORNIA ENERGY

CODE, THE CALIFORNIA HISTORICAL CODE, THE CALIFORNIA FIRE

CODE, THE CALIFORNIA EXISTING BUILDING CODE, THE CALIFORNIA

GREEN BUILDING STANDARDS CODE, THE CALIFORNIA

REFERENCED STANDARDS CODE, THE CALIFORNIA BUILDING

STANDARDS ADMINISTRATIVE CODE, MAKING CERTAIN
AMENDMENTS BASED UPON LOCAL CONDITIONS; AND AMENDING

THE MONTEREY PARK MUNICIPAL CODE TO REFLECT SUCH
CHANGES.

The City Council for the City of Monterey Park does ordain as follows:

SECTION 1: Findings. The City Council finds as follows:

A. The City may adopt model codes by reference pursuant to Government Code §§ 50022.2, et seq.;

B. Health and Safety Code § 17958 requires the City to adopt certain codes that are set forth in Health and Safety Code § 17922 and published in the California Code of Regulations.

C. In accordance with Health and Safety Code § 17958.7, it is in the public interest to adopt the most recent codes published by the California Building Standards Commission.

D. Notice of public hearing to consider this Ordinance was duly published and posted pursuant to Government Code §§ 6066 and 50022.3 on November 3 and 10, 2022.

E. Pursuant to Government Code § 50022. 6, at least one copy of all codes adopted by reference were filed with the City Clerk and available for publ ic inspection at least 15 days before the public hearing.

F. Pursuant to Government Code § 50022.9, the City Council intends to adopt by reference, with local amendments, the following 2022 codes in their entirety as if set forth in full herein:

1. The California Building Code, 2022 Edition - Vol. I & II as published in Title 24, Part 2 of the California Code of Regulations;

2. The California Residential Code, 2022 Edition, as published in Title 24, Part 2.5 of the California Code of Regulations;

3. The California Electrical Code, 2022 Edition, as published in Title 24,

Part 3 of the California Code of Regulations;

4. The California Mechanical Code, 2022 Edition, as published in Title 24, Part 4 of the California Code of Regulations;

5. The California Plumbing Code, 2022 Edition, as published in Title 24, Part 5 of the California Code of Regulations;

6. The California Energy Code, 20 22 Edition, as published in Title 24, Part 6 of the California Code of Regulations;

7. The California Historical Building Code, 2022 Edition, as published in Title 24, Part 8 of the California Code of Regulations;

8. The California Fire Code, 2022 Edition, as published in Title 24, Part 9 of the California Code of Regulations;

9. The California Existing Building Code, 2022 Edition, as published in Title 24, Part 10 of the California Code of Regulations;

10. The California Green Building Standards Code, 20 22 Edition, as published in Title 24, Part 11 of the California Code of Regulations;

11. The California Referenced Standards Code, 20 22 Edition, as published at Title 24, Part 12, of the California Code of Regulations;

SECTION 2: In accordance with Health and Safety Code § 17958.7, the City Council finds that there are local climatic, geographic, and topographic conditions justifying the various local amendments to the California Building Standards Code as set forth in attached Exhibit “A,” which is adopted by the City Council and incorporated by reference.

SECTION 3: Monterey Park Municipal Code (“MPMC”) § 16.01.010 is amended to read as follows:
“16.01.010 Adoption of specific codes—Copies on file.
(a) Except as otherwise provided in this chapter, the following codes are adopted by reference:

1. The California Building Code, 2022 Edition - Vol. I & II as published in Title 24, Part 2 of the California Code of Regulations;

2. The California Residential Code, 2022 Edition, as published in Title 24, Part 2.5 of the California Code of Regulations;

3. The California Electrical Code, 2022 Edition, as published in Title 24, Part 3 of

the California Code of Regulations;

4. The California Mechanical Code, 2022 Edition, as published in Title 24, Part 4 of the California Code of Regulations;

5. The California Plumbing Code, 20 22 Edition, as published in Title 24, Part 5 of the California Code of Regulations;

6. The California Energy Code, 2022 Edition, as published in Title 24, Part 6 of the California Code of Regulations;

7. The California Historical Building Code, 20 22 Edition, as published in Title 24, Part 8 of the California Code of Regulations;

8. The California Existing Building Code, 2022 Edition, as published in Title 24, Part 10 of the California Code of Regulations;

9. The California Green Building Standards Code, 20 22 Edition, as published in Title 24, Part 11 of the California Code of Regulations;

10. The California Referenced Standards Code, 2022 Edition, as published at Title 24, Part 12, of the California Code of Regulations;
(b) In accordance with Health and Safety Code Section 18942, one copy of the above-referenced codes will remain on file in the office of the city clerk.” SECTION 4: The definition of “Code” or Codes” in MPMC § 16.01.020 is amended to read as follows:
“Code” or “codes” means the applicable version of the codes adopted by reference in this title.”
SECTION 5: Section 110.3 in MPMC § 16.01.040 is amended to read as follows:

“110.3 Required inspections . The Building Official, upon notification, must make the inspections set forth in Sections 110.3.1 through 110.3.11.”

SECTION 6: Chapter 16.05 of the MPMC is amended in its entirety to read as follows:

“Chapter 16.05 BUILDING CODE

16.05.010 Building Code adopted by reference.

Pursuant to Government Code § 50022.9, the city council incorporates by reference Chapter 1, Division I and Chapter 2 through Chapter 35 and Appendices C, F, H, I, J

and O of the California Building Code, 2022 Edition, as published in Title 24, Parts 2, Volumes 1 and 2 of the California Code of Regulations.

16.05.020 Building Code Amended

Chapter 9 and 15 of the California Building Code, 2022 Edition are amended, deleted or added as follows:

a. Chapter 9 of the Building Code is deleted in its entirety and replaced with Chapter 9 of the California Fire Code as adopted and amended by Monterey Park Municipal Code Title 17 Fire Code.

b. Table 1505.1 amended, by the deletion of Table 1505.1 and the addition of a new Table 1505.1 thereto, to read as follows:

TABLE 1505.1

MINIMUM ROOF COVERING CLASSIFICATIONS

TYPES OF CONSTRUCTION

IA IB IIA IIB IIIA IIIB IV VA VB

A A A A A A A A A

c. Section 1505.1.2 is amended to read as follows:

1505.1.2 Roof coverings within all other areas. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, will be a fire-retardant roof covering that is at least Class A.

SECTION 7: Chapter 16.06 of the MPMC is amended in its entirety to read as follows:

“Chapter 16.06 RESIDENTIAL CODE

16.06.010 Residential Code adopted by reference.

Pursuant to Government Code § 50022.9, the City Council adopts and incorporates by reference chapters 2 through 10, chapter 44 and appendices AH, AJ, AQ,and AS of the California Residential Building Code, 20 22 Edition, as published in Title 24, Part 2.5 of the California Code of Regulations.

16.06.020 Residential Code Amended

Chapter 3 of the California Residential Code, 2022 Edition is amended, deleted or added as follows:

a. Section 301.1.3.2 is amended to read as follows;

R301.1.3.2 Wood Frame Structures. Pursuant to Business and Profession Code §§ 5537 and 6737.1, construction documents must be approved and stamped by a California licensed architect or engineer for all dwellings of wood frame construction more than two stories and basement in height located in Seismic Design Category A, B, or C and more than one story in height or with a basement located in Seismic Design Category D0, D1, or D2 or E.

b. Section R313 of the Residential Code is deleted in its entirety and replaced with Chapter 9 of the California Fire Code as adopted and amended by Monterey Park Municipal Code Title 17 Fire Code.”

SECTION 8: Section 16.07.010 of Chapter 16.07 of the MPMC is amended in its entirety to read as follows:

“16.07.010 Electrical Code adopted by reference.

Pursuant to Government Code Section 50022.9, the city council adopts and incorporates by reference the California Electrical Code and Annexes A, B, C, D, E, F, G, H, I and J, 2022 Edition, as published in Title 24, Part 3 of the California Code of Regulations.”

SECTION 9: MPMC § 16.08.010 is amended to read as follows:

“16.08.010 Mechanical Code adopted by reference.

Pursuant to Government Code § 50022.9, the city council adopts and incorporates by reference the California Mechanical Code, 2022 Edition, as published in Title 24, Part 4 of the California Code of Regulations.”

SECTION 10: MPMC § 16.09.010 is amended to read as follows:

“16.09.010 Plumbing Code adopted by reference.

Pursuant to Government Code § 50022.9, the city council adopts and incorporates by reference the California Plumbing Code, 2022 Edition, as published in Title 24, Part 5 of the California Code of Regulations.”

SECTION 11: MPMC § 16.10.010 is amended to read as follows:

“16.10.010 Energy Code adopted by reference.

Pursuant to Government Code Section 50022.9, the city council adopts and incorporates by reference the California Energy Code, 2022 Edition, as published in Title 24, Part 6 of the California Code of Regulations.”

SECTION 12: MPMC § 16.11.010 is amended to read as follows:

“16.11.010 Historical Building Code adopted by reference.

Pursuant to Government Code § 50022.9, the city council adopts and incorporates by reference the California Historical Building Code, 2022 Edition, as published in Title 24, Part 8 of the California Code of Regulations.”

SECTION 13: MPMC § 16.12.010 is amended to read as follows:

“16.12.010 Existing Building Code adopted by reference.

Pursuant to Government Code § 50022.9, the city council adopts and incorporates by reference the California Existing Building Code, 2022 Edition, as published in Title 24, Part 10 of the California Code of Regulations.”

SECTION 14: MPMC § 16.13.010 is amended to read as follows:

“16.13.010 Green Building Standards Code adopted by reference.

Pursuant to Government Code § 50022.9, the city council adopts and incorporates by reference the California Green Building Standards Code, 2022 Edition, as published in Title 24, Part 11 of the California Code of Regulations.”

SECTION 15: MPMC § 16.14.010 is amended to read as follows:

“16.14.010 Referenced Standards Code adopted by reference.

Pursuant to Government Code § 50022.9, the city council adopts and incorporates by reference the California Referenced Standards Code, 2022 Edition, as published in Title 24, Part 12 of the California Code of Regulations.”

SECTION 16: Chapters 17.01 and 17.02 of the MPMC are amended in their entirety to read as follows:

“Chapter 17.01. CALIFORNIA FIRE CODE

17.01.010 Fire Code adopted by reference.

Pursuant to Government Code § 50022.9, the City Council incorporates by reference the California Fire Code, 2022 Edition (“CFC”), as published at Title 24, Part 9, of the California Code of Regulations. The CFC, as adopted by the MPMC, includes Appendices Chapter 4, B, C, D, and O.”

“Chapter 17.02 LOCAL AMENDMENTS TO CALIFORNIA FIRE CODE

17.02.010 Amendment—Application of Residential Code.

Section 102.5 is amended to read as follows:

102.5 Application of Residential Code. Where structures are designed and constructed in accordance with the International Residential Code, the provisions of this code apply as follows:

1. Construction and designed provisions: Provisions of this code pertaining to the exterior of the structure will apply including, without limitation, premises identification, fire apparatus access and water supplies. Provisions of this code pertaining to the interior of the structure when specifically required by this code including, without limitation, Section 903 where interior or exterior systems or devices are installed, construction permits required by Section 105.6 of this code will also apply.

2. Administrative, operational, and maintenance provisions: All such provisions of this code will apply.

17.02.020 Addition—Police Powers.

Section 103.4 is added to read as follows:

103.4 Police Powers. The fire marshall and deputies have the powers of sworn police officers in performing their duties under this code. When requested to do so by the fire marshall, the chief of police of the jurisdiction is authorized to assign such available police officers as necessary to assist the fire marshall in enforcing the provisions of this code.

17.02.030 Reserved

17.02.040 Amendment—Appeals.

Section 111, including its subparts is amended in its entirety to reads as follows:

111.1 Grounds for Appeal. Any aggrieved party may appeal any of the following decisions of the Fire Chief:

1. Disapproval of any application.

2. Refusal to grant any permit applied for when it is claimed that the provisions of this California Fire Code do not apply.

3. Interpretation of this California Fire Code.

4. Determination of suitability of alternate materials or types of construction or materials to types of construction or methods.

111.2 Written Decision. Any such decision must be in writing and a copy thereof will be served upon the applicant, if any, by mail. Any such decision will be final, unless an appeal will be filed there from, within the time and in the manner prescribed by this section.

111.3 Appeal Procedure. Any person dissatisfied with any such determination or decision of the Fire Chief has the right of appeal via the Administrative Civil Review Process established under the provisions of Section 5.48.220 of this code.

17.02.050 Amendment—Definition added.

Section 202 is amended by adding the following definition:

ALL WEATHER SURFACE. A road surface constructed to the minimum standards approved by the jurisdiction capable of supporting loads of 80,000 pounds.

17.02.060 Amendment—Definitions revised.

Section 202 is amended by revising the following definitions:

“FIRE CODE OFFICIAL” means the Fire Chief or Fire Marshall, or designee, who is authorized by the Fire Chief to administer and enforce the Code.

17.02.070. Amendment—Combustible Waste Material.

Section 304.1.2 is amended to read as follows:

304.1.2 Vegetation. Weeds, grass, vines or other growth that is capable of being ignited and endangering property, must be cut down and removed by the owner or occupant of the premises. Vegetation clearance requirements in areas deemed a fire hazard by the Fire Chief or Fire Code Official must maintain a defensible space around all buildings and structures as follows:

Ground clearance. The space surrounding every building or structure must be maintained in accordance with the following:

Any person that owns, leases, controls, operates, or maintains any building or structure in, upon, or adjoining any mountainous area or forest-covered lands, brush covered lands, or grass-covered lands, or any land which is covered with flammable material, must at all times do the following:

(1) Maintain around and adjacent to such building or structure a firebreak made by removing and clearing away, for a distance of not less than 30 feet on each side thereof or to the property line, whichever is nearer, all flammable vegetation or other combustible growth. This section does not apply to single specimens of trees, ornamental shrubbery, or similar plants which are used as ground cover, if they do not form a means of rapidly transmitting fire from the native growth to any building or structure.

(2) Maintain around and adjacent to any such building or structure additional fire protection or fire-break made by removing all bush, flammable vegetation, or combustible growth which is located from 30 to 100 feet from such building or structure or to the property line, whichever is nearer, as required by the enforcing agency if he finds that, because of extra hazardous conditions, a fire break of only 30 feet around

such building or structure is not sufficient to provide reasonable fire safety. Grass and other vegetation located more than 30 feet from such building or structure and less than 18 inches in height above the ground may be maintained where necessary to stabilize the soil and prevent erosion.

17.02.080 Amendment—Open burning.

Section 307.1 is amended to reads as follows:

307.1 Bonfires, Weed Abatement, Religious Burning, and Outdoor Rubbish Fires.

No person may build, light, maintain, or cause or permit to be built, lighted or maintained, any open or outdoor fire; use, or cause or permit to be used, any fire for clearing land; burn or cause or permit to be burned, any brush, trash, rubbish, stubble, or other flammable or combustible material, unless he complies with the regulations set forth in this section as follows:

1. Applicant must first secure from the Fire Chief, or designee, a written permit for such burning.

2. Such burning must be in accordance with the following:
a. Each recipient of a written permit for burning must follow all rules shown.

Acceptance of a burning permit will constitute an agreement that the holder will be responsible for all damages resulting from burning.
b. Any such fire must be maintained in one small pile or area that can be readily controlled.
c. At least one adult person must be in actual attendance and in charge of such fire at all times during its burning. He/she must have on hand at all such times water, garden hose, shovels, or other fire extinguishing equipment. d. Such burning will be permitted only at a safe distance from all structures or other combustible material.
e. Burning will be permitted only if there is no appreciable wind. f. Upon completion of any such burning, all resultant embers must be extinguished and hot ashes must be thoroughly wet down.

3. The Fire Chief may prohibit any or all outdoor fires or burning at any time he/she deems that atmospheric conditions or local circumstances will make such a fire hazardous.

17.02.090 Reserved

17.02.100 Amendment—Automatic sprinkler systems.

Section 903 is amended as follows:

Amend Section 903.1.2 to read as follows:

903.1.2 Partial Automatic Fire Suppression Systems Prohibited.

Whenever an automatic fire suppression system is installed for any portion of any building or structure, an automatic fire suppression system must be installed for the entire building or structure.

Amend Section 903.2 to read as follows:

903.2 Where required. Approved automatic extinguishing systems must be installed:

1. In all new buildings regardless of the type of construction or occupancy.

Exceptions:

A) Detached Group U occupancies, providing the floor area does not exceed 1000 square feet.

B) Unmanned facilities and/or minor buildings and/or occupancies as approved by the Fire Chief.

2. In existing buildings with an occupancy change as required by other sections of the Fire Code.

Amend Section 903.6 as follows:

903.6 Existing Occupancies. An automatic sprinkler system will be installed in existing occupancies as follows:

1. In all commercial and industrial buildings greater than 5000 square feet in area when enlarged by an addition to the existing structure or as required by the Fire Chief.

2. In all commercial and industrial buildings equal to or less than 5000 square feet in area, when enlarged by an addition to the existing structure, exceeds 5000 square feet or as required by the Fire Chief.

3. In all commercial and industrial buildings when an addition to the existing area exceeds fifty percent (50%) within any twelve-month period.

4. In all residential occupancies when an addition to the existing living area exceeds fifty percent (50%) within any twelve-month period.

5. As required by the Fire Code due to a change in occupancy.

6. As required by the Fire Code in Chapter 11.

Amend Section 903.3.1.1 as follows:

903.3.1.1 NFPA 13 sprinkler systems. In other than Group R buildings that are not over two stories in height, automatic sprinkler systems will be designed and installed in

accordance with the NFPA 13, 2022 Edition as amended in Chapter 80 except as provided in Sections 903.3.1.1.1, 903.3.1.1.2, and 903.3.1.1.3.

Add Section 903.3.1.1.4 to read as follows:

903.3.1.1.4 Riser room location. In structures over three stories in height or served by more than two fire sprinkler risers, a dedicated Fire Sprinkler Riser Room must be provided at an a pproved location. The riser room must be accessible to emergency personnel from the exterior of the building.

Amend Section 903.3.1.2 as follows:

903.3.1.2. NFPA 13R sprinkler systems. Where allowed in buildings of Group R, up to and including two storie s in height, automatic sprinkler systems will be installed throughout in accordance with NFPA 13R, 2022 Edition as amended in Chapter 80.

Add Section 903.3.1.2.4 to read as follows:

903.3.1.2.4 Basement spaces. In residential buildings with automatic sprinkler systems designed and installed in accordance with NFPA 13R, basements used for living or storage purposes must be fully sprinklered with residential type heads.

Add Section 903.3.1.3 to read as follows:

903.3.1.3. NFPA 13D sprinkler systems. Where allowed, automatic sprinkler systems will be installed in one- and two-family dwellings will be installed throughout in accordance with NFPA 13D, 2022 Edition as amended in Chapter 80.

Add Section 903.3.1.3.1 to read as follows:

903.3.1.3.1. Detailed requirements. Automatic sprinkler system protection for one and two-family dwellings will be designed and installed in accordance with NFPA 13D, 2022 Edition with the following modifications:

1. A local water flow alarm must be provided for all sprinkler systems.

2. Attics and basements used for storage purposes must be fully sprinklered with residential type heads.

3. Overhead piping must be hydrostatically tested for leakage at 200 psi for two hours and inspected before drywall or insulation installation.

4. A minimum of three spare representative sprinkler heads and installation wrench must be provided at an approved location.

Amend Section 903.3.5 as follows:

903.3.5 Water Supplies. Water supplies for automatic sprinkler systems must comply with this section and the standards referenced in section 903.3.1. The potable water supply must be protected against backflow in accordance with the Health and Safety

Code and the Monterey Park Municipal Code. Hydraulic calculations for systems designed per NFPA 13, 13D, or 13R will include a ten percent (10%) reduction from the available supply source.

17.02.110 Addition—Multiple fire alarm and detection systems.

Section 907.1.6 is added to read as follows:

907.1.6 Multiple Fire Alarm Systems. Multiple fire alarm systems within single protected premises must be interconnected and must transmit signals as one system.

17.02.120 Amendment—Emergency Responder Radio Coverage

Section 1103.2 is amended to read as follows:

1103.2 Emergency responder radio coverage in existing buildings. Existing buildings that do not have approved radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety communication systems of the jurisdiction at the ex terior of the building, must be equipped with such coverage according to one of the following:

1. Whenever an existing wired communication system cannot be repaired or is being replaced, or where not approved in accordance with Section 5101, Exception 1.

2. Whenever total additions result in an increase of more than 6,000 square feet in the total floor area, including mezzanines or additional stories, regardless of ownership.

Additions must be cumulative with each application for a building permit from January 1, 2011.

3. Whenever the value of alternations requiring permits exceed $500,000 in valuation.

Alterations values must be cumulative with each application for a building permit from January 1, 2011.

17.02.130 Amendment—Explosive materials.

Sections 5601.2 and 5601.3 are amended to read as follows:

5601.2 The manufacture, possession, storage, sale, transportation and use of explosive materials will be prohibited, unless it is authorized by the State Fire Marshal. This will not apply to hand loading of small arms ammunition for personal use when not for resale.

5601.3 Non explosive materials must be bolts, explosive rivets or cartridges for explosive- actuated power tasks in quantities involving less than 500 pounds.

17.02.140 Addition—Fireworks display.

Sections 5608.1.2 and 5608.1.3 are added to read as follows:

5608.1.2 Permits. It is unlawful for any person to present or conduct any public display of fireworks within the City of Monterey Park without first having obtained a permit there from the Fire Chief or their representative.

5608.1.3 Detailed Requirements. The public display of fireworks within the City of Monterey Park must be in accordance with Section 5608.1 of this Code and all of the following:

1. The Fire Chief is authorized to grant permits for supervised public displays of fireworks to be conducted by the city or by other organizations. Every such display must be personally supervised by a competent, licensed pyrotechnic operator approved by the Fire Chief. Each such display must be held at an approved location and must be so discharged or fired as, in the opinion of the Fire Chief after proper investigation, not to be hazardous to property or to endanger any person.

2. Applications for permit must be made in writing at least ten days in advance of the date of the display. After such permit will have been granted, the sale, possession, use, and/or distribution of fireworks for such display will be lawful for the permitted activity and time frame only. No permit granted under this code will be transferable.

3. The permittee must furnish a bond or certificate of insurance in an amount deemed adequate by the Fire C hief for the payment of all damages which may be caused either to a person or persons or to property by reason of the permitted display and arising from any acts of the permittee, agents, employees, or subcontractors.

4. When required by the Chief, the pyr otechnic operator will employ and provide additional personnel whose sole duty will be the enforcement of crowd control around the display area. Unauthorized persons will not be allowed to enter the discharge site until the site has been inspected and clea red after conclusion of the display by the pyrotechnic operator.

5. The Fire Chief is authorized to require rope barriers, fences, signs or other devices to be installed around the display area to aid in crowd control.

6. The Fire Chief is authorized to ad opt such additional rules and regulations not inconsistent herewith as are reasonably required to prevent injury to persons and/or property, including without limitation the requirement for standby fire personnel or apparatus at the firing site.

7. If the Fire Chief or appointed designee determines that there is a lack of crowd control or that the crowd is in danger, the display will be immediately discontinued.

If at any time high winds or wet weather creates a danger, the display will be postponed until weather conditions are acceptable to the Chief.

8. The entire firing site must be inspected immediately following a display and before allowing public access for the purpose of locating unexploded aerial shells and/or hazardous debris. Unexploded shells will not be handled within 15 minutes after the time of their firing. Such shells must then be doused thoroughly with water, allowed to stand for at least 5 minutes, and then be submersed in a full bucket of water.

17.02.150 Addition—Fireworks manufacturing.

Section 5614 is added to read as follows:

SECTION 5614

FIREWORKS MANUFACTURING

5614.1 It is unlawful to manufacture fireworks within the City of Monterey Park.

5614.2 The Fire Chief is authorized to seize, take, remove or cause to be removed, at the expense of the owner, all stocks of fireworks or explosives offered or exposed for sale, or stored or held in violation of this section.

17.02.160 Addition—Sale of fireworks.

Section 5615 is added to read as follows:

SECTION 5615

SALE OF FIREWORKS

5615.1 Sales of Fireworks. The sale of “Safe and Sane” fireworks within the City of Monterey Park city limits will be in accordance with Section 3301 of the Code, Chapter

5.48 of the Monterey Park Municipal Code, and all of the following:

5615.1.1 It is unlawful for any person to sell, or to cause or permit to be sold, within the city, any fireworks at retail without first securing a permit to do so from the Fire Chief. A separate permit must be obtained for each separate or distinct place of business or stand.

Any person having a permit, who fails to comply with the conditions of the permit as provided for by this section, will be deemed to be operating without a permit. Application must be made no earlier than April 1 and no later than May 15 of each calendar year.

5615.1.2 The maximum number of permits, which may be issued will be (20) during any one calendar year.

If the number of applications exceed the number of permits to be issued, the permittees, who did not violate any requirements of this chapter during the preceding year, will have first priority for the available permits until April 15, provided each permittee represents the same participating organization which operated under the permit during the preceding year.

If there are any additional permits available, such additional permits will be granted by a drawing supervised by the license officer, or other municipal officer designated by the City Council.

1. The following qualifications must be met by each application for a permit:
a. No permit will be issued to any person, firm, or corporation, except any veterans organization or any auxiliary of such organization chartered by the Congress of the United States, maintaining a charter and meeting place in the City whose membership is compos ed of members now and/or heretofore serving in the armed forces of the United States; or, any nonprofit associations or corporations organized primarily for civic betterment or youth activities, charitable, or religious purposes.

b. Each such organization must have its principal and permanent meeting place within the city limits of Monterey Park, and must have been organized and established within the city limits of Monterey Park, and must have been organized and established within such city limits for a mi nimum of one year continuously preceding the filing of an application for a permit. c. No organization may receive more than one permit for fireworks sales during any one calendar year.
d. No stand will be within 500 feet of another stand.

2. Each applican t for a permit must take out and maintain in force, while any such fireworks stand is open, public liability insurance in an amount of not less than $1,000,000 for injury to one person, and not less than $1,000,000 for any one occurrence, and one million d ollars ($1,000,000) for damage to property. The City of Monterey Park must be named as “additional insured” on all policies required hereunder. Before the issuance of a permit hereunder, each applicant must furnish evidence satisfactory in form and substan ce to the city that such insurance is in force, and adequate legal assurance that the carrier will give the city at least thirty days’ prior written notice of the cancellation of the policy, during the effective period of the permit.

3. Applicants for a permit hereunder must pay a permit fee in accordance with the City of Monterey Park Master Schedule of Fees and Charges for each fireworks stand.

4. It will be unlawful for any person to sell at retail “dangerous fireworks,” as defined in the California State Fireworks Law.

5. No “safe and sane” fireworks, as defined in the California State Fireworks Law, will be sold or offered for sale at retail within the City, except from 12:00 noon on June 28 to 9:00 p.m. on July 4 of each year. In addition, the discharg e of fireworks is limited to 10 a.m. to 10 p.m. on only July 4.

6. No “safe and sane” fireworks will be sold or offered for sale at retail unless the fuses or other igniting devices are protected by approved protective caps, or each item or group of items is enclosed or sealed in a package bearing the California State Fire Marshal’s Seal of Registration, upon which the wholesaler’s license number appears.

7. The Fire Chief is authorized to promulgate reasonable additional rules and regulations for the oper ation of fireworks stands, in order to eliminate or reduce to a minimum the risk of fire or injury to persons or damage to property. A copy of any such rules and regulations must be posted in a prominent place in each fireworks stand. Failure to comply wit h said rules and regulations will be grounds for the immediate revocation of any permit granted under this section.

17.02.170 Amendment—Locations where aboveground tanks are prohibited.

Section 5704.2.9.6.1 is amended to read as follows:

5704.2.9.6.1 The storage of Class I and II liquids in above ground tanks outside of buildings is prohibited within the limits established by law as the limits of districts in which such storage is prohibited.

1. Class I and II liquids must be stored in above ground tanks outside of buildings only at locations in the city zoned or used for Manufacturing purposes, as designated in the Monterey Park Municipal Code and the zoning map o f the City of Monterey Park.

Exception: Above ground storage tanks dispensing Class I and II liquids will not be allowed in motor fuel service stations.

2. The storage of Class I and II liquids in above ground tanks may be permitted in other zones if the Fire Chief finds that such use in a particular installation will not create an unreasonable risk of injury to person or property after consideration of special factors; such as, topographical conditions, nature of occupancy and proximity to buildings or adjoining property, and height and character of construction of such buildings, capacity and construction of proposed tanks and character of liquids to be stor ed, degree of private fire protection to be provided, and facilities of the Fire Department available to cope with flammable or combustible liquid fires.

17.02.180 Amendment—Liquefied petroleum gases—Location of containers.

Section 6104.2 is amended to read as follows:

6104.2 Liquefied petroleum gas may be stored only at locations zoned or used for Manufacturing Development purposes, as designated in the Monter ey Park Municipal Code and the zoning map of the City of Monterey Park.

Such storage, however, may be permitted in other zones if the fire code official finds that such use in a particular installation will not create an unreasonable risk of injury to person or property, after consideration of the special features; such as, topographical conditions, nature of occupancy and proximity to building or adjoining property and height and character of construction of such buildings, capacity and construction of proposed tanks, and character of liquids to be stored, degree of private fire protection to be provided, and facilities of the Fire Department to cope with flammable or combustible liquid fires.

17.02.190 Amendment—Appendix Chapter D Dead ends.

Section D103.4 of Appendix Chapter D is amended to read as follows:

D103.4 Dead Ends. Dead-end fire apparatus access roads in excess of 150 feet must be provided with width and turnaround provisions to the minimum standards adopted by the jurisdiction.

17.02.200 Amendment — Appendix Chapter O Haunted Houses

Section O101.2 of Appendix Chapter O is amended to read as follows:

O101.2 Permits. An operational permit must be required for haunted houses, ghost walks, or similar amusement uses in accordance with Appendix O101.2.

EXCEPTION: Haunted houses, ghost walks, or similar amusement uses in Group R-3 occupancies.”

SECTION 17: Construction. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.

SECTION 18: Enforceability. Repeal of any provision of the Monterey Park Municipal Code does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of pe nalties for any violation occurring before this Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.

SECTION 19: Validity of Previous Code Sections . If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the MPMC or other city ordinance by this Ordinance will be rendered void and cause such previous MPMC provision or other the city ordinance to remain in full force and effect for all purposes.

SECTION 20: Environmental Assessment. The City Council finds that adoption of this Ordinance is exempt from review under the California Environmental Quality A ct (Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the “CEQA Guidelines”) because it consists only of minor revisions and clarifications to an existing code of construction-related regulations and specification of procedures related thereto and will not have the effect of deleting or substantially changing any regulatory standards or findings required therefor, and therefore does not have the potential to caus e significant effects on the environment. In addition, this ordinance is an action being taken for enhanced protection of the environment and is exempt from further review under CEQA Guidelines § 15308.

SECTION 21: Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the city council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable.

SECTION 22: Publication. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Monterey Park’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within 15 days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.

SECTION 23: Effective Date. This Ordinance will become effective on January 1,

2023. Projects for which a building permit application and building plans were submitted before the effective date of this Ordinance, and for which building permits are obtained within 90 days from the effective date of this Ordinance, are exempt from the regulations in the 2022 code update including the codes adopted by reference in this Ordinance.

Should, however, the building permit expire, all building plans must comply with this Ordinance.

SECTION 24: Filing with Building Standards Commission. The City Clerk must file a certified copy of this Ordinance with the California Building Standards Commission.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Monterey Park, held on the 16th day of November, 2022.

Henry Lo, Mayor

ATTEST:

______________________________
Vincent D. Chang, City Clerk

I HEREBY CERTIFY that the above and foregoing ordinance was duly passed and adopted by the Monterey Park City Council at its regular meeting held on 16th day of November, 2022, by the following vote, to wit:

AYES;
NOES;
ABSENT:

APPROVED AS TO FORM:

KARL H. BERGER, CITY ATTORNEY

By: ______________________________
Joaquin Vazquez, Deputy City Attorney

EXHIBIT A

Findings - Local Amendments
To The
2022 California Models Codes

The City Council finds as follows:

SECTION 1: Pursuant to the requirements of Health and Safety Code §17958.7, the City Council finds that there are local climatic, geographic, an d topographic conditions justifying the various local amendments to the California Model Codes as set forth herein.

SECTION2: Specifically, the City Council finds:

A. Climatic Conditions

1. The City of Monterey Park is a densely populated area within a climate system capable of producing major winds, fire and rain related disasters, including but not limited to those caused by the Santa Ana winds and El Niño (or La Niña) subtropical -like weather.

This region is especially susceptible to more active termite and wood attacking insects and microorganisms.

2. Hot, dry Santa Ana winds are common to all areas within the City of Monterey Park. These winds, which can cause small fires which spread quickly, are a contributing factor to the high fire danger in the area, and create the need for an increased level of fire protection.

This added protection will supplement normal fire department response available and provide immediate protection for life and safety of multiple occupancy occupants during fire occurrences.

3. Los Angeles County and the City of Monterey Park are located in a semi-arid Mediterranean type climate which predisposes all fuels, including wood shingles to rapid ignition and spread of fire.

Therefore, there exists a need for additional fire protection measures.

4. The warm, dry climate is conducive to swimming pools which creates a higher probability of child drowning where pools are unprotected.

B. Geological Conditions

1. The City of Monterey Park is a densely populated area having buildings and structures constructed over and near a vast array of fault systems capable of producing major earthquakes, including but not limited to the 1994 Northridge Earthquake, the 1987 Whittier

Narrows Earthquake, the 1971 San Fernando Earthquake and the 1933 Long Beach Earthquake.

2. The October 17, 1989, Santa Cruz earthquake resulted in only one major San Francisco fire in the Marina district. But, when combined with the 34 other fires and over 500 responses, the department was taxed to its full capabilities. The Marina fire was difficult to contain because mains supplying water to the district burst during the earthquake. lf more fires had been ignited by the earthquake, it would have been difficult for the fire department to contain them. This situation creates the need for both additional fire protection measures and automatic on -site fire protection for building occupants since a multitude of fires may result from breakage of gas and electric lines as a result of an earthquake. As noted by "Planning Scenario on a Major Ear thquake Department on of the Newport - lnglewood Fault Zone, 1988, State Conservation," "unfortunately meeting the minimum earthquake standards of building codes barely places a building on the verge of being legally unsafe."

3. Traffic and circulation congest ion presently existing in the City of Monterey Park often challenges fire department response times.

This condition will be exacerbated by any major disaster, including any earthquake wherein damage to the highway system will occur.

This condition makes th e need for additional on -site protection for property occupants necessary.

4. Placement of multiple occupancy buildings, location of arterial roads, and fire department staffing constraints due to recent revenue - limiting state legislation have made it diffic ult for the fire department to locate additional fire stations and provide manpower sufficient to concentrate fire companies and personnel to control fires in high density apartment or condominium buildings. Fire Department equipment does not allow easy access to areas of buildings greater than 55 feet above the level of Fire Department vehicle access.

These conditions create the need for built -in onsite fire protection systems to protect occupants and property until firefighting apparatus and personnel arrive on the scene.

5. The City of Monterey Park is located in an area subject to a climatic condition of high winds and low humidity. This combination of events creates an environment which is conducive to rapidly spreading fires.

Control of such fires requir es rapid response. Obstacles generated by a strong wind, such as fallen trees, street lights and utility poles, and the requirement to climb 75 feet vertically up flights of stairs will greatly impact the response time to reach an incident scene.

Additionally, ASCE -7, Section 6, Figure 6 - 2 Height Adjustment

Table identifies a significant increase in the amount of wind force at 60 feet above the ground. Use of aerial type firefighting apparatus above this height would place rescue personnel at increased ri sk of injury.

6. The City of Monterey Park is located in the middle of a seismically active area. The viability of the public water system would be questionable at best after a major seismic event. This would leave tall buildings vulnerable to uncontrolled fires due to a lack of available water and an inability to pump sufficient quantities of any available water to floors above the 55 -foot level. A severe seismic event has the potential to negatively impact any rescue or fire suppression activities because i t is likely to create obstacles similar to those indicated under the high wind section above. With the probability of strong aftershocks, there exists a need to provide increased protection for anyone on upper floors.

7. Untreated wood roofs cause or contribute to serious fire hazard and to the rapid spread of fires when such fires are accompanied by high winds. Pieces of burning wooden roofs become flying brands and are carried by the wind to other locations and thereby spread fire quickly.

C. Topographic Conditions

1. The City of Monterey Park is in an area that has a high percentage of structures on hillsides. Access for fire or rescue response and staging for firefighting are made challenging and difficult due to the terrain.

SECTION 3: Because of the local climatic, geologic and topographic conditions, the following local amendments are needed:

2022 California Building Code
Code Section Finding
Chapter 9 A-1, A-2, B-4, C-1
Table 15.05.1 A-1, A-2, B-4, C-1

2022 California Residential Code
Code Section Finding
Section R301.1.3.2 B-1
Section R313 A-1, A-2, B-4, C-1

2022 California Fire Code
Code Section Finding
102.5 Administrative

103.4 Administrative
111 Administrative
202 Administrative
304.1.2 A,B,C
307.1 A,B,C
903 A,B,C
907.1.6 A,B,C
1103.2 A,B,C
5601 A,B,C
5608 A,B,C
5614 A,B,C
5615 A,B,C
5704.2.9.6.1 A,B,C
6104.2 A,B,C
D103.4 A,B,C
O101.2 A,B,C

ATTACHMENT 2
Notice of Exemption

Notice of Exemption From: City of Monterey Park Planning 320 W. Newmark Avenue
To: Monterey Park, CA 91754
 Office of Planning and Research
1400 Tenth Street, Room 121
Sacramento, CA 95814
 Los Angeles, County Clerk
Environmental Filings
12400 Imperial Highway #1201
Norwalk, CA 90650
Attn: Business Filings and Registration

Project Title: Code Amendment – Amending Titles 16 and 17 of the Monterey Park Municipal Code Project Location - Specific: Citywide
Project Location - City: Monterey Park
Project Location - County: Los Angeles

Description of Project:

Approval of a code amendment to Title s 16 and 17 of the Monterey Park Municipal Code by adopting the 2022 Edition of the California Building Standards Code and the Monterey Park Amendments to the California Building Standards Code.

Name of Public Agency Approving Project: City of Monterey Park Name of Person or Agency Carrying Out Project: City of Monterey Park

Exempt Status: (check one)
 Ministerial (Sec. 21080(b)(1); 15268);
 Declared Emergency (Sec. 21080(b)(3); 15269(a));
 Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
 Categorical Exemption. State type and section number:
x Statutory Exemptions. State code number: 15060(c)(2); 15061(b)(3); and 15308

Reasons why project is exempt:

This Code Amendment is exempt from further CEQA review for the following reasons: (1) the ordinance is an action being taken for enhanced environmental protection (14 Cal. Code Regs. § 15308); (2) there is no possibility that the ordinance may have a significant effect on th e environment (14 Cal. Code Regs. § 15061(b)(3)); and (3) it will not result in a direct or reasonably foreseeable indirect physical change in the environment (14 Cal. Code Regs. § 15060(c)(2)).

Lead Agency Contact Person: Jessica Serrano Telephone (626) 307-1315

If filed by applicant:

1. Attach certified document of exemption finding.

2. Has a notice of exemption been filed by the public agency approving the project?  Yes  No

Signature: ______________________________ ___ Date: Title: Planning Manager

 Signed by Lead Agency Date received for filing at OPR:
 Signed by Applicant