City Council Staff Report
DATE: December 21, 2022
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Martha Garcia, Director of Finance
SUBJECT: Second Amendment to contract #2274 AD, Canon Solutions America RECOMMENDATION:
It is recommended that the City Council consider:
1. Authorizing the City Manager to execute second Amendment with Canon Solutions America, in a form approved by the City Attorney for Canon lease and maintenance from December 21, 2022, to November 30, 2023, for a cost of $108,205 annually; and
2. Taking such additional, related, action that may be desirable.
EXECUTIVE SUMMARY:
This second Amendment will consolidate existing Canon Agreements (1923 A-1, 2274 AD and 2274 First Amendment) established to replace outdated copy machines in the following departments: Library, Police Department, and Human Resources.
The second Amendment will also expand the Scope of Work by replacing outdated copy machines for the following areas: City Clerk’s Office, City Manager’s Office, Finance Department, Fire Department, Recreation and Community Services Department Planning Division, Police Records and Detective offices and Public Works Department.
Additionally, the second Amendment to Agreement 2274 AD, will merge all Lease and Maintenance costs (existing and new) into one Canon Solutions compensation plan, with individual department costs breakdown included in invoices.
Consolidating all Canon Lease and Maintenance Agreements and Compensation Plan into one, will streamline the contract process for all departments by preventing the duplication of work and will have a total Citywide cost increase of $468 per month.
BACKGROUND:
The City of Monterey Park contracts with Canon Solutions America for copy machine and printer needs. The City currently has three active contracts with Canon Solutions America.
Three departments replaced their outdated equipment within the past year. These leases are in the three active Canon Agreements. All other departments need to replace Consent Calendar - 3G
Staff Report
December 21, 2022
their older/outdated Canon equipment and two departments need to replace their older equipment and also add some new equipment.
Staff recommends that the City establish one Agreement with Canon Solutions America for all departments while replacing and adding equipment to the departments still in need. Consolidation into one Agreement, will streamline the contract process for all departments by preventing the duplication of work and will have a total Citywide cost increase of $468 per month.
FISCAL IMPACT:
The additional $468 monthly cost can be absorbed by Department’s corresponding budgets. No appropriation in needed.
Respectfully submitted by:
Martha Garcia
Director of Finance
Approved by:
Reviewed by:
Ron Bow
City Manager
Karl H. Berger
City Attorney
City Council Staff Report
+
DATE: December 21, 2022
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Ron Bow, City Manager
SUBJECT: Report submitted to the City Council pursuant to Government Code § 8630 regarding the City’s employment emergency (per Resolution Nos. 2022 -R49 and 2022-R67); continuance of such emergency
RECOM
MENDATION:
It is recommended that the City Council consider:
1. Receiving and filing this report;
2. Extending the Employment Emergency; and
3. Taking such additional, related, action that may be desirable.
EXECUTIVE SUMMARY:
As
of December 12, 2022, the City is in the recruitment process for Water Utility Manager, Water Production System Supervisor, Senior Water Production System Operator, Communications Dispatcher, Code Enforcement Officers, Recreation Manager, and Public Works Inspector. Since the last report from October 2022, the City filled two Water Utility Maintenance Workers, three Firefighters, Fire Marshal, Maintenance Worker, Administrative Secretary (promotional), Library Assistant, and various part-time vacancies for Police Cadet and Recreation Leader.
The City is recruiting for 39 vacant full-time positions. Staff recommends extending the employment emergency order due to the critical vacancies in the Water Treatment division and Police Communication Dispatch division.
Respectfully submitted by: Review by:
Ron Bow, City Manager Karl H. Berger, City Attorney
Consent Calendar - 3H
City Council Staff Report
+
DATE: December 21, 2022
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Christine Tomikawa, Director of Human Resources and Risk Management SUBJECT: Resolution delegating authority to the City Manager pursuant to Government Code § 21173 to perform all tasks regarding Disability Retirement of Safety Employees of the City
RECOMMENDATION:
It is recommended that the City Council consider:
1. Adopting a Resolution pursuant to Government Code § 21173 to delegate authority to the City Manager regarding disability retirements ; and
2. Tak
ing such additional, related, action that may be desirable.
EXECUTIVE SUMMARY:
Resolution No. 8363, adopted January 28, 1980, delegates authority to the City Manager for determining and approving disability retirements for Safety Employees. Changes in California law since that date make it desirable to update that authority. The draft Resolution, if adopted, would accomplish that task.
BACKGROUND:
The Disability Retirement regulations (commencing at Government Code § 21150) governs the manner by which public employees may retire from service because of disability. Ordinarily, this must be accomplished by the City Council in conjunction with the CalPERS Governing Board.
Government Code § 21173 allows the City Council to delegate these responsibilities to a subordinate officer including the City Manager. While this authority was previously delegated in 1980, it is recommended that this delegation be updated to reflect the changes in California law during the past 40 years.
FISCAL IMPACT:
None
Consent Calendar - 3I
Staff Report
December 21, 2022
Respectfully submitted by:
Christine Tomikawa
Director of Human Resources and
Risk Management
Approved by:
Reviewed by:
Ron Bow
City Manager
Karl H. Berger
City Attorney
ATTACHMENTS:
1. Proposed Resolution
Staff Report
December 21, 2022
ATTACHMENT 1
Proposed Resolution
RESOLUTION NO.
A RESOLUTION DELEGATING AUTHORITY TO THE CITY MANAGER
TO MAKE DETERMINATIONS REGARDING DISABILITY RETIREMENT
OF SAFETY EMPLOYEES IN ACCORDANCE WITH GOVERNMENT
CODE § 21173.
The City Council of the city of Monterey Park does resolve as follows:
SECTION 1: The City Council finds and declares as follows:
A. The City contracts with the California Public Employees Retirement System (CalPERS);
B. California law requires that the City determine whether a local safety employee is “disabled” for purposes of CalPERS and, if so, whether such disability is “industrial”; and
C. In 1980, the City Council adopted Resolution No. 8363 which delegated authority to the City Manager to make decisions regarding disability retirements. In the 40 years since that time, California law has changed. It is now desirable to update the City Manager’s authority.
SECTION 2: Delegation of Authority . Pursuant to Government Code § 21173, the City Council delegates authority to the City Manager to perform all functions regarding disability retirement of safety officers. Such autho rization includes determinations of disability; whether such disability is industrial; and to certi fy such determinations to CalPERS. Additionally, the City Manager may apply to CalPERS for disability retirement of employees who are classified as local safety members and initiat e reinstatements of such employees who are retired for disability.
SECTION 3: Procedures. The City Manager should utilize the following procedures to implement the authority granted in Section 2:
A. Determination of Disability. Whenever any party files an application for disability retirement with CalPERS for disability retirement of a local safety. member, the City Manager will conduct a duly noticed informal hearing to determine whether that employee is incapacitated physically or mentally for the performance of the duties of his position. When it is determined that·the employee is incapacitated, the employee may be t erminated or placed on disability retirement status.
B. Notice of Hearing. Written notice of a hearing must be given to the affected employee by United States Certified Mail, Return Receipt Requested, or by personal service, at least 10 days in advance of such hearing. Notice is complete upon its receipt by the employee.
Resolution No.
C. Representation at Hearing. The City may be represented at the hearing by the City Manager, or designee. The employee may be represented by a person of the employee’s choice.
D. Evidence of Disability. Before noticing the hearing, the City Manager will submit a list of not less than three medical doctors, chosen by the City Manager, or designee, from which the employee may select one . The employee will then promptly submit to a medical and/or psychiatric examination by that selected medical doctor, depending upon the alleged disability. The examination results must be submitted to, and considered by, the City Manager during the employee’s disability retirement hearing.
Additionally, either part may submit any other relevant evidence, either oral or documentary.
E. Decision. Based upon the evidence presented, the City Manager must determine whether such employee is incapacitated physically or mentally for the performance of the duties of the position and termination of employment for that position and immediately thereafter notify CalPERS of this decision. The decision of the City Manager is the City’s final decision.
SECTION 4: 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 5: The City Clerk will certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.
SECTION 6: This Resolution will become effective immediately upon adoption.
PASSED AND ADOPTED this 21
st day of December, 2022.
_______________________________
Henry Lo, Mayor
ATTEST:
____________________________
Maychelle Yee, City Clerk
Approved as to form:
____________________________
Karl H. Berger, City Attorney
City Council Staff Report
DATE: December 21, 2022
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: Receive and File Staff Report Summarizing the Status of Emergency Repairs of the Monterey Pass Road Water Line
RECOMMENDATION:
It is recommended that the City Council consider:
1. Receive and File the staff report summarizing the status of emergency repairs of the Monterey Pass Road water line; and
2. Taking such additional, related, action that may be desirable.
EXECUTIVE SUMMARY:
In August 2022, the City Council declared an emergency and authorized the City Manager to by-pass general bidding requirements under the Public Contract Code (PCC) for emergency replacement of approximately 4400 linear feet of water main line on Monterey Pass Road, between Vagabond Drive and Brightwood Street.
BACKGROUND:
On August 17, 2022, City Council adopted Resolution No. 2022-R69 authorizing the City Manager to take necessary measures for emergency repair of a water main line on Monterey Pass Road. Recurring water main leaks in several areas within Monterey Pass Road between the intersections of Vagabond Drive and Brightwood street have resulted in extensive infrastructure damage to the roadway and necessary water main pipe repairs to ensure continued water service to residences and businesses in the area.
Consequently, on August 29, 2022, the City contracted with Cannon Corporation for professional engineering services to prepare design plans and specifications for the water pipeline replacement. Cannon recently completed and provided the City with complete plans to replace the existing 12-inch water transmission line.
Staff has identified Ferreira Coastal Construction (Ferreira) as a qualified contractor for the construction phase of this project. Ferreira has experience working with other municipal agencies and the City currently contracts with Ferreira for as-needed maintenance for the City’s water distribution system. Ferreira is registered with the California Department of Industrial Relations (DIR), meets the insurance requirements of the City, and is able to expedite completion of this emergency work based on the City’s needs. Discussions with Ferreira on final construction cost and scheduling are still Consent Calendar - 3J
Staff Report
December 21, 2022
ongoing. However, to reduce the financial impact to the City, staff has proposed direct purchase of materials for the project. This would result in an estimated 15% reduction in materials costs.
The City will provide project updates to the community for the duration of the project through the City website, social media, and City Council meetings. Staff has already started working with the Economic Development department to conduct outreach to businesses that may be impacted by this project.
FISCAL IMPACT:
The Monterey Pass Road Emergency Water Main Improvements has been added to the FY 2023 Capital Improvement plan as Project No 99025. The City’s agreement with Cannon for design services is for $130,310. Construction and material costs have not yet been finalized. Staff will provide an update on estimated project costs when information is available.
Respectfully submitted by: Reviewed by:
Shawn Igoe,
Director of Public Works
Martha Garcia
Director of Finance
Approved by: Reviewed by:
Ron Bow
City Manager
Karl H. Berger
City Attorney
ATTACHMENT:
None
City Council Staff Report
DATE: December 21, 2022
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: Second Amendment to Professional Services Agreement with Kimley- Horn for Potrero Grande Intersections Signal Improvements RECOMMENDATION:
It is recommended that the City Council consider:
1. Authorizing the City Manager to execute a Second Amendment to Professional Services Agreement, in a form approved by the City Attorney, with Kimley-Horn, in an amount not to exceed $149,400, for Engineering Services for the Potrero Grande Intersections Signal Improvements; and
2. Taking such additional, related, action that may be desirable.
EXECUTIVE SUMMARY:
The City’s Capital Improvement Plan (CIP) for fiscal year 2022-23 includes Project No. 96012, Potrero Grande Intersection Improvements. The project consists of the construction of landscaped median islands and traffic signal improvements at two intersections along Potrero Grande Drive. Staff requests City Council approval to execute a Second Amendment to Agreement 2304-AA with Kimley-Horn, in an amount not to exceed $149,400, to prepare traffic signal and civil improvement plans for the Potrero Grande Intersection Improvements project.
BACKGROUND:
CIP No. 96012, Potrero Grande Intersection Improvements, aims to improve safety and operability for two intersections in the City: Potrero Grande Drive at Market Place Drive/Saturn Street and Potrero Grande Drive at Markland Drive. The proposed project will consider design options to increase capacity for the increased number of vehicles entering and exiting the Market Place shopping center and address issues with trucks turning at Markland Drive.
The City solicited proposals for engineering services including the preparation of traffic signal plans, specifications, and cost estimates, as well as traffic analyses for each intersection. The City received two proposals from Kimley-Horn and KOA Corporation.
Consent Calendar - 3K
Staff Report
December 21, 2022
RANK PROPOSER BASE BID
AMOUNT
1 Kimley-Horn $149,400
2 KOA Corporation $157,673
Kimley-Horn was the lowest responsible bidder for these services. Staff requests City Council’s approval to execute a Second Amendment to Agreement 2304-AA with Kimley- Horn, in an amount not to exceed $ 149,400, for Engineering Services for the Potrero Grande Drive Intersection Improvements, Capital Improvement Project No. 96012.
FISCAL IMPACT:
Funds for the Second Amendment to Agreement 2304-AA are budgeted as part of CIP No. 96012 and will be funded through the General Fund.
Respectfully submitted by: Reviewed by:
Shawn Igoe,
Director of Public Works
Martha Garcia
Director of Finance
Approved by:
Reviewed by:
Ron Bow
City Manager
Karl H. Berger
City Attorney
ATTACHMENT:
1. Kimley-Horn Proposal
Staff Report
December 2
1, 2022
ATTACHMENT 1
Proposal
kimley-horn.com 660 S Figueroa Street, Suite 2100, Los Angeles, CA 90017 213 261 4040
11/3/2022
Mr. Ziad Mazboudi, P.E.
City Engineering Manager
City of Monterey Park
320 W. Newmark Avenue,
Monterey Park, CA 91754
RE: Proposal for Signalized Intersection Safety Improvements in the City of Monterey Park
Dear Mr. Mazboudi:
Kimley-Horn and Associates, Inc. (Kimley-Horn) is pleased to submit this proposal to the City of Monterey Park (Client) to prepare traffic signal and civil improvement plans for signalized intersections in Monterey Park, California (Project).
Project Understanding
Kimley-Horn understands the City is looking to improve safety and operability through traffic signal improvements for two (2) intersections throughout the City:
1. Potrero Grande Drive at Market Place Drive/Saturn Street
2. Potrero Grande Drive at Markland Drive
Potrero Grande Drive at Market Place Drive/Saturn Street improvements include the widening of the East approach to accommodate a dual westbound left turn lane to increase capacity for the large number of vehicles entering the Costco shopping center.
Potrero Grande Drive at Markland Drive improvements include redesigning the intersection that currently faces issues with truck turning radii.
Our scope of services, schedule, and fee are below:
Scope of Services
Kimley-Horn will provide the following tasks:
Task 1: Project Management and Coordination
The City of Monterey Park shall be the lead agency for this project, and the designated City Project Manager will coordinate with the Kimley-Horn team. We anticipate the following activities:
a. Project Schedule: Kimley-Horn will prepare a project schedule noting timelines for task completion and / or deliverables, and task dependencies. A draft schedule will be prepared for review during the kick-off meeting. Following concurrence on the schedule, a finalized baseline schedule will be provided.
Mr. Ziad Mazboudi
November 3, 2022 Page 2
kimley-horn.com 660 S Figueroa Street, Suite 2100, Los Angeles, CA 90017 213 261 4040
b. Meetings: Kimley-Horn will schedule and conduct a project kick-off meeting within two weeks of the NTP to discuss project details, establish goals, review the project schedule, and coordinate efforts. A meeting notice, agenda, and meeting minutes noting all action items shall be prepared by Kimley-Horn for the kick-off meeting. We will have four (4) progress meetings through the duration of this project.
Task 2: Traffic Analysis
Kimley-Horn will assess traffic operations and intersection performance for each of the following (2) intersections:
Potrero Grande Drive at Market Place Drive/Saturn Street a. Collect weekday and Saturday peak hour turning movement counts at the intersection
b. Prepare a Synchro network that will include the following scenarios i. Existing conditions – this will note existing configuration and signal operation ii. Alternative 1 – assess operations under proposed lane configuration conditions and a protected-permissive signal operation
iii. Alternative 2 – assess operations with dual left turns and a split-phase signal operation
Potrero Grande Drive at Markland Drive
a. Collect weekday and Saturday peak hour turning movement counts at the intersection
b. Prepare a Synchro network that will include the following scenarios i. Existing conditions – this will note existing configuration and signal operation ii. Alternative 1 – assess operations under the existing lane configuration conditions and a protected-permissive signal operation
iii. Alternative 2 – assess operations with existing lane configurations and a split-phase operation
Kimley-Horn will prepare a technical memorandum that notes the conclusion of the research and summarizes the operations for each alternative.
Task 2 Submittals:
Two (2) technical memorandums
Mr. Ziad Mazboudi
November 3, 2022 Page 3
kimley-horn.com 660 S Figueroa Street, Suite 2100, Los Angeles, CA 90017 213 261 4040
Task 3: Research and Field Investigation
Kimley-Horn will lead a data collection effort to gather information to successfully complete the project tasks.
a. Existing Records Research: Obtain available as-built plans from the City including street improvement plans, existing utilities maps, and communications drawings. For other records, Kimley-Horn shall research readily available existing data reports and obtain and review available project-pertinent data needed to prepare a complete design package. b. Field Review: Perform a field review to record existing conditions at each of the project intersections, confirm data collected from existing plans and documentation, and to identify any additional unusual or special conditions that may affect the project design or construction. This task will reflect actual field conditions to support construction. Examples of data to be collected include:
Roadway geometry (street widths, curb return radii, access ramps, sidewalks) Pavement markings and signs
Types, sizes, and percent fill of conduits
Sizes and locations of pull boxes, signal poles, and cabinets Details of loops, sawcuts, and stubouts
Locations and sizes of catch basins, power poles, driveways, and service points Locations of utility manholes, meters, pull boxes, fire hydrants, valve covers and vaults
Curb height, expansion joints, gutter width, and sidewalk scorelines at locations with proposed ADA ramps
Task 4: Field Survey
Kimley-Horn will hire a qualified subconsultant to research survey records from the City and the County Surveyor's office for the following three (2) intersections:
1. Potrero Grande Drive at Market Place Drive/Saturn Street
2. Potrero Grande Drive at Markland Drive
For each intersection, surveys will cover up to 200’ in each direction. We anticipate the following activities:
a. Topographic Survey: Kimley horn’s sub-consultant will research survey records with the city and the County Surveyor's office. Establish horizontal and vertical control for topographic surveying purposes. Topographic survey to include the following features/locations. Prepare a labeled map. Provide an Adobe pdf and AutoCAD dwg format file. The survey will show the following information:
Existing utilities, catch basin structures, local depression inlets (no dips on manholes or catch basins)
Mr. Ziad Mazboudi
November 3, 2022 Page 4
kimley-horn.com 660 S Figueroa Street, Suite 2100, Los Angeles, CA 90017 213 261 4040
Centerline based on record data
Curb, gutter, sidewalk, landscaping, right-of-way, curb ramps, driveways, pavement delineations, markings, roadside signs, pull boxes, utility manholes/valves, power poles, fire hydrants
Dips on storm drain catch basins
b. Survey Drawings: Plot centerline and right of way based on record data and key survey monuments. Prepare a labeled contour map. Provide an Adobe PDF and AutoCAD .dwg format file.
Task 4 Submittals:
Survey in PDF and .dwg file
Task 5: Utility Coordination
Kimley-Horn will notify utility owners provided by City staff within the limits of the project. Kimley-Horn will request from the utility agencies existing underground and overhead utilities, including high-risk utilities. Kimley-Horn will coordinate with utility companies to obtain available right-of-way information, existing underground, and overhead utility lines that might interfere with the proposed traffic signal poles. Utility information received from utility companies will be included on the project base plans.
Kimley-Horn will compile the information in a matrix format to include dates of notification, person/utility notified, and responses received from each utility company. Copies of this information will be updated upon completion of effort and provided to the City during progress meetings.
Task 5 Submittals:
Utility notification and coordination matrix
Task 6: Conceptual Layout
Kimley-Horn will provide conceptual layout for the following two intersections:
Potrero Grande Drive at Market Place Drive/Saturn Street Potrero Grande Drive at Markland Drive
For each intersection two (2) iterations will be provided. The concept layout will identify major constraints and key design features. Truck turning templates will determine the appropriate curb return radius. The selected concept on each intersection will be further progressed in PS&E package.
A preliminary cost estimate will be provided.
Task 6 Submittals:
Four (4) conceptual layouts
Two (2) preliminary cost estimates
Mr. Ziad Mazboudi
November 3, 2022 Page 5
kimley-horn.com 660 S Figueroa Street, Suite 2100, Los Angeles, CA 90017 213 261 4040
Task 7: Street Improvement Plans
Kimley-Horn will prepare street improvement plans for the construction of roadway improvements for the following two (2) intersections:
Potrero Grande Drive at Market Place Drive/Saturn Street a. Curb alignment modifications for southeast and southwest corners of the intersection b. Two curb ramps
c. One crosswalk
d. Relocation of one existing catch basin at southeast corner of the intersection e. Relocation of two existing street light poles
f. Relocation of three existing traffic signal poles
g. Retaining wall design at southeast corner
h. Relocation of the existing sign in the center median i. Coordination with utility company to relocate the existing utility cabinet at southeast corner of the intersection
j. Relocation of existing fire hydrant at southeast corner of the intersection Potrero Grande Drive at Markland Drive
a. Curb alignment modifications for southeast and southwest corners of the intersection b. Two curb ramps
c. One crosswalk
d. Relocation of two existing catch basin at southwest and southeast corners of the intersection
e. Coordination with Southern California Edison (SCE) to relocate the existing cabinet and associated infrastructure located at the southeast corner of the intersection f. Relocation of two existing street light poles
g. Relocation of three existing traffic signal poles
h. Shell gas station driveway modification
i. Existing southeast bus pad redesign
j. Relocation of existing fire hydrant at southwest corner Roadway plans will be prepared at 20-scale (1” = 20’) horizontal. Vertical design information will be shown on plans with elevation call outs. We will use the field surveying from Task 3 for base mapping. Plan preparation will be coordinated with the City. We assume the City will provide one (1) set of consolidated comments for each submittal.
Kimley-Horn will also prepare signing and striping plans at 40-scale (1” = 40’) for the project locations.
The plans will show both existing striping configurations and proposed striping configurations. The plans will be prepared in accordance with current City of Monterey Park and Caltrans standards.
Task 7 Submittals:
60% submittal in PDF format
90% submittal in PDF format
100% submittal in PDF format
Mr. Ziad Mazboudi
November 3, 2022 Page 6
kimley-horn.com 660 S Figueroa Street, Suite 2100, Los Angeles, CA 90017 213 261 4040
Task 8: Storm Drain Modification Plans
Kimley-Horn will prepare storm drain modifications plans at the (2) project intersections. Kimley Horn will submit plans and calculations to County of Los Angeles for their review and approval.
Task 8 Submittals:
60% submittal in PDF format
90% submittal in PDF format
100% submittal in PDF format
Task 9: Traffic Signal Modification Plans
Kimley-Horn will prepare traffic signal modification plans for new installations at (2) project intersections. The traffic signal plans will be prepared in accordance with current City of Monterey Park and Caltrans standards and will be prepared at 20-scale (1” = 20’).
Task 9 Submittals:
60% submittal in PDF format
90% submittal in PDF format
100% submittal in PDF format
Task 10: Traffic Signal Timing Sheets
Kimley-Horn will prepare updated traffic signal timing sheets for the (2) project intersections.
The updated timing sheets will include proposed signal timing parameters such as minimum bicycle greens, all-red times, walk times, flashing don’t walk times, and yellow times. For each intersection, recommended phase timing parameters will be calculated by referencing the latest version of the CA MUTCD, Caltrans Traffic Signal Operations Manual, City of Monterey Park requirements, and recent aerial imagery measurements. For the intersections with new protected left turn phases, the phase diagrams on the updated traffic signal timing sheets will be updated to reflect the new phasing. The format of the updated timing sheets will be consistent with the proposed traffic controllers.
Task 10 Submittals:
Updated traffic signal timing sheets in electronic Excel and PDF format Task 11: Specifications and Opinions of Probable Construction Costs (OPCC) Kimley-Horn will prepare construction specifications for bidding, and an opinion of probable construction cost (OPCC) for City use.
a. Specifications: Kimley-Horn will prepare a construction specifications document consistent with City format Construction specifications specific to the project. Submittal of specifications will be delivered to the City at 90% complete and final. We will provide a digital file for the specification package in Microsoft Word format at the project completion.
Mr. Ziad Mazboudi
November 3, 2022 Page 7
kimley-horn.com 660 S Figueroa Street, Suite 2100, Los Angeles, CA 90017 213 261 4040
b. Bid Schedule and OPCC: Our team will prepare an itemized construction bid schedule and OPCC. Estimates will be provided with each plan submittal. The unit costs will be based upon the most current cost information for recent similar projects in the area that are approved by the City. Quantities will be developed from the plans and will help develop an engineer- estimated bid quantity. Our Opinion of Probable Construction Estimate will be delivered to the City at 90% complete and final in spreadsheet format.
Task 11 Submittals:
90% Specifications and Estimates
Final Specifications and Estimates in Microsoft Word and Excel format Task 12: Caltrans Encroachment Permit Coordination
Kimley-Horn will prepare a Caltrans Encroachment Permit package on behalf of the City for the Potrero Grande Drive and Markland Drive intersection. Our team will coordinate and address plan check correction comments.
Task 13: Construction Support
Kimley-Horn will assist the city during the construction phase by responding to the Contractor’s RFIs, preparing addenda, and providing clarifications. Changes in the overall design concept are not part of this scope. A six-month construction duration is assumed. We have included up to 10 RFIs, up to five Contractor submittal reviews, one field observations, and up to two addenda. We will prepare record drawings by updating the approved design drawings based on one set of redline markups provided by the Contractor or City staff. Independent verification is not included in this scope. Significant deviations from the original design documents are not accounted for in this scope. The purpose of the record drawings is to create a deliverable that will represent the built condition for the City’s records, as recorded by the Contractor.
Assumptions
Plans will be developed in AutoCAD Civil 3D 2022 at full size sheets, 24” x 36” Following items are not included in the scope:
Geotechnical evaluation, hydrology/hydraulics analysis, and WQMP/LID Potholing services
Right of way acquisitions and easements
No dips on manholes or catch basins are included
Street lighting plans
Landscape and Irrigation plans
Utility relocation beyond what was mentioned above
Protected left-turn phasing warrant analysis
Mr. Ziad Mazboudi
November 3, 2022 Page 8
kimley-horn.com 660 S Figueroa Street, Suite 2100, Los Angeles, CA 90017 213 261 4040
Additional Services
Any services not specifically described in the above scope, as well as any changes in the scope the Client requests, will be considered Additional Services.
Additional services we can provide, if requested, include the following:
Preparation of signal interconnect plans
Preparation of utility relocation plans
Preparation of landscape and irrigation plans
Preparation of traffic control plans
Potholing for pole locations
Attendance at meetings with City staff
Schedule
Kimley-Horn will provide our services as expeditiously as practicable with the goal of meeting a mutually agreed-to schedule. We anticipate 3 months from receiving Notice to Proceed to submit the 1st Submittal to the City for review. Once we receive consolidated comments from the City, we anticipate up to 20 business days to address the comments. We anticipate up to three (3) submittals.
Fee and Billing
Kimley-Horn will perform the services described in Tasks 1 - 13 in the Scope of Services for a lump sum fee of $174,400.00. All permitting, application, and similar project fees will be paid directly by the Applicant.
Fees and expenses will be invoiced monthly based, as applicable, upon the percentage of services completed or actual services performed and expenses incurred as of the invoice date. Payment will be due within 25 days of the date of the invoice.
Closure
We appreciate the opportunity to provide these services to you. Please feel free to contact me at (818) 970-2048 or [email protected] if you have any questions or if you need additional information.
Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.
Jean Fares, P.E.
Project Manager
City Council Staff Report
DATE: December 21, 2022
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Joseph Torres, Economic Development Manager
SUBJECT: Public hearing to approve the 2022 Annual Report and the levy of assessments for Downtown Business Improvement District No. 1 for program year 2023.
RECOMMENDATION:
It is recommended that the City Council consider:
1. Opening the public hearing, receiving both written and oral comments, and closing the public hearing.
2. Adopting the resolution confirming the 2022 Annual Report and the levy of assessments for Business Improvement District No. 1 for program year 2023; and
3. Taking such additional, related, action that may be desirable.
EXECUTIVE SUMMARY:
On December 7, 2022, the City Council set a continuance date of December 21, 2022, for a public hearing regarding the assessment of businesses within Business Improvement District No. 1 (BID). BID assessment revenues will fund beautification, promotional activities, and special events to benefit the downtown BID businesses.
This hearing was noticed in the Monterey Park Press newspaper and every business in the BID was sent a hearing notice in Chinese, English, and Spanish. At the conclusion of this public hearing, the Council can choose to adopt the resolution confirming the levy of assessments for the BID or adjust as needed.
BACKGROUND:
Based on its November 21, 2022, Annual Meeting, the Business Improvement District Advisory Committee (BIDAC) requested that the City Council set the date for a public hearing to consider the 2023 levy of assessment fees for the BID.
BIDAC is the advisory board to the City Council, entrusted with providing it with feedback on the needs of the businesses within the BlD . ln addition, it is responsible for providing an annual report to the City Council. The BID was originally managed by an independent Public Hearing - 4A
Staff Report
December 21, 2022
business association but was later replaced by the City Council with a City committee consisting of business owners within the assessed area.
Funding from Business Improvement Districts provides an avenue for BID businesses to enhance services to their area above those provided by the City. Services such as increased sidewalk cleaning, custodial services, marketing services, street furniture and Holiday decorations are some examples of ways BID funds may be used.
The law governing BIDs provides an opportunity for all potential assessees to protest the proposed renewal or change to the assessments. If written protests are received by the owners of the businesses in the BID area that pay 50% or more of the total asse ssment amount to be levied, the proposed assessment cannot occur. If the protests received do not amount to 50% or less, then the Council may adopt the resolution confirming the levy of assessments. This will allow the BID to continue benefitting from the promotions and public improvements as proposed in the 2023 BID budget.
ln accordance with Business Improvement District law, the BIDAC submitted to Council its 2022 Annual Report for Business lmprovement District No. 1 that identifie d activities and expenditures during the 2022 Program Year and described the proposed programs and budget for the upcoming 2023 Program year.
On November 1, 2022, the BIDAC conducted its annual members meeting , which was held at Jardin El Encanto. Notices were sent to all BID merchants inviting them to attend the meeting and express their concerns or idea s for programming and budgeting. The purpose of the meeting was to review the Annual Report and receive feedback on the 2022 expenditures and the proposed 2023 budget and assessment fee schedule.
The significant expenditure in 2022 was the installation of Holiday decorations for Garvey Avenue and janitorial services for the downtown area. In addition, a new janitorial services contractor was secured in late 2020. Up until 2021, the BID had experienced several years of expenditures exceeding the annual revenue, mainly due to the escalating costs of janitorial services provided by Chrysalis Enterprises. In December 2020, the City took steps to reduce BID expenditures by terminating the Chrysalis maintenance contract. The City then added the BID janitorial services to the City’s existing contract with Valley Maintenance Corporation effective December 1, 2020, through December 31, 2023, providing the BID area with janitorial ser vices four days a week at a significant cost reduction of 64% year-over-year. In 2022, the City added the cleaning of the Downtown parking lot on Garvey and Garfield to the Valley Maintenance contract with the same significantly reduced rate. As of September 2022, the BID has received approximately $41,841.00 in assessments and expects not to exceed its annual revenue with September 2022 year-to-date expenditures at $34,768.39.
The BIDAC’s proposed 2023 BID programs and budget are included in the 2022 Annual Report.
Staff Report
December 21, 2022
Several goals for the upcoming 2023 BID program include, without limitation:
• Continue to work with the Downtown Garvey - Garfield businesses on ways they can assist in keeping the area attractive.
• Continue Valley Maintenance Corporation janitorial services at a reduced cost for the BID area.
• Install holiday decorations along Garve y Avenue, then remove and place in storage.
• Work with the City to provide workshops and other business assistance activities for businesses in the BID area.
• Support city projects that benefit the BID area such as discussions on the need for assisting businesses in the downtown area post -pandemic, signage, and maintenance.
The 2022 Annual Report includes a map of the area to be assessed, the 2022 and 2023 budget, and the Fee Schedule for the 2023 program year. Exhibit E of the Annual Report reflects the Fee Schedule recommended by the BIDAC and is the amount needed to bring annual revenue to a level that covers annual expenditures. This Fee Schedule is the same as in the previous 2022 program year. The annual report is available for review at the City Clerk's counter since October 19, 2022.
Staff would administer the BID funds consistent with the approved 2023 budget and seek recommendations of the BIDAC and appropriate City Council approvals to carry out BID activities.
FISCAL IMPACT:
All costs related to Business lmprovement District No. 1 come from the BID assessments and not the general fund.
Respectfully prepared and submitted by:
Joseph Torres
Economic Development Manager
Staff Report
December 21, 2022
Approved by:
Reviewed by:
Ron Bow
City Manager
Karl H. Berger
City Attorney
ATTACHMENT:
1. Resolution Levying 2023 BID Assessments
2. 2022 Annual Report
Staff Report
December 21, 2022
ATTACHMENT 1
Resolution Levying 2023 BID Assessments
RESOLUTION NO. __________
A RESOLUTION LEVYING ASSESSMENTS FOR BUSINESS IMPROVEMENT DISTRICT NO. 1 FOR PROGRAM YEAR 2023 IN ACCORDANCE WITH GOVERNMENT CODE § 36624.
The City Council for the City of Monterey Park does resolve as follows:
SECTION 1: Findings. The City Council finds as follows:
A. Cities are authorized under the Property and Business Improvement District Law of 1994 (Streets & Highways Code §§36600, et seq.) to establish business improvement districts (“BID”) within their jurisdictions for the purpose of funding certain services.
B. Business Improvement Area No. 1 was established by Ordinance No. 1604 on October 10, 1983, and modified by Ordinance No. 1656 on March 10, 1986.
C. As required by applicable law, the City prepared an Annual Report for Program Year 2022 for Business Improvement Area No. 1 (“Report”) and submitted it to the City Council.
D. Based upon the Report, the City Council proposes to levy assessments Business Improvement Area No. 1 for Program Year 2023 as calculated in the Report which is incorporated by reference. A true and correct copy of the Report is available for public review in the City Clerk’s office.
E. On November 16, 2022, the City Council adopted Resolution No. 2022-R88 giving notice of its intent to levy and collect assessments within Business Improvement District No. 1 for Program Year 2013; and
F. On December 21, 2022, the City Council considered public testimony and documentary evidence during a public hearing regarding the levy of assessments for Business Improvement District No. 1. This Resolution, and its findings, is based upon the entirety of the record considered by the City Council at its December 21st public hearing.
SECTION 2: Protests. The dollar value of valid protests required to prevent adoption of the proposed assessments is $51,188. Because the number of valid protests received by the City does, does not represent a majority of persons eligible t o protest, the City Council may, may not, adopt the proposed assessments.
SECTION 3: Approval. If, pursuant to Section 2, the City Council may adopt the proposed assessments in accordance with the applicable sections of Property and Business Improvement District Law of 1994 (Streets & Highways Code §§36600, et seq.),
then the City Council adopts an annual assessment within the BID as set forth in attached Exhibit “A,” which is incorporated by reference.
SECTION 4: Authorization. The City Manager, or designee, is directed to take such actions that are needed to collect this assessment.
SECTION 5: Budget. The BID Annual Budget for 2023, as set forth in the Report, is approved. The City Manager, or designee, is authorized to implement the BID Annual Budget for 2023 as set forth in the Report.
SECTION 6: Reliance on Record. Each and every one of the findings and determinations in this Resolution are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project. The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole.
SECTION 7: Summaries of Information. All summaries of information in the findings, which precede this section, are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.
SECTION 8: Effectiveness. This Resolution will become effective immediately upon adoption.
PASSED AND ADOPTED this 21st day of December 2022.
_____________________________________
Henry Lo
Mayor
ATTEST:
_________________________________
Maychelle Yee
City Clerk
APPROVED AS TO FORM:
By: ______________________________
Karl H. Berger
City Attorney
State of California)
County of Los Angeles) ss.
City of Monterey Park)
I, Maychelle Yee, 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 21st day of December 2022 by the following vote:
Ayes: Council Members:
Nays: Council Members:
Absent: Council Members:
Abstain: Council Members:
Dated this 21st day of December 2022
___________________________________
Maychelle Yee, City Clerk
City of Monterey Park, California
EXHIBIT:
A: 2023 BID Fee Schedule
EXHIBIT A
2023 BID Fee Schedule
Business Type Fee Employee/Seat Formula
Retail $105.17 $13.52
Service (Includes Financial) $105.17 $13.52
Restaurant
Without ABC $105.17 $ 6.57 (1)
With ABC $105.17 $ 7.87 (2)
Professional (inc. Insurance) $105.17 $13.52
Theater $105.17
Wholesale $105.17
Manufacturing $105.17
Contractor $105.17
Commercial Rental $23.00 + .006574 sq. ft. (3)
Residential Rental $23.00 (4)
Hotel $23.00 per unit
Laundromat $105.17
(1) 20 seats or less, no seat assessment fees. Over 20 seats, $6.57 per seat starting with Seat
21. Eg. For 50 seats, total charge is $105.17 (base fee) + $197.10 (30 seats x $6.57) = $302.27.
(2) 20 seats or less, no seat assessment fees. Over 20 seats, $7.87 per seat starting with Seat
21. Eg. For 50 seats, total charge is $105.17 (base fee) + $236.10 (30 seats x $7.87) = $341.27.
(3) Base fee is $23.00 per unit. For every additional sq. ft. over 2,000; multiply excess by $.006574. Eg. 2,500 sq. ft., total charge is $23.00 + $3.29 (500 sq. ft. x $0.006574) = $26.29 (calculations are rounded up)
(4) If you own 1-3 units, there is no charge. If you own more than 3 units, you pay $23.00 per unit more than 3 units. Eg. You own 5 units. You pay $23.00 x 2 (5 units – 3 units) = $56.00
Staff Report
December 21, 2022
ATTACHMENT 2
2022 Annual Report
CITY OF MONTEREY PARK
BUSINESS IMPROVEMENT DISTRICT NO. 1
2022 ANNUAL REPORT
JANUARY 2022 – DECEMBER 2022
DOWNTOWN
Garvey – Garfield
VISION STATEMENT
The Downtown Business Improvement District (BID) No. 1
was established to improve and preserve the business
community in the “heart” of the City.
The Downtown area of the City is an important destination point for the business community and residents of Monterey Park. Through continued efforts in organization, beautification, promotion, and revitalization, the City leaders and its business community will work together to preserve and improve the quality of life for future generations.
OVERVIEW
The Business Improvement District Advisory Board (BIDAC) meets quarterly and during special meetings to discuss issues of concern to businesses located within the BID area. Programs addressing cleanliness, promotions, and marketing are all reflected in the budget for the BID. In addition to the issues discussed, the Board also researches and plans innovative ways to promote businesses and maintain the goals and budget outlined in the Annual Report.
HISTORY
The Monterey Park Business Improvement District No. 1 encompasses the area extending along Garvey Avenue from Ramona Avenue to Nicholson Avenue and on Garfield Avenue from south of Newmark Avenue to Emerson Avenue (refer to Exhibit A). The Monterey Park City Council established the BID in 1986 at the request of local businesses in the area and the Downtown Merchants Association (DMA) under the California Streets and Highway Code Section 36500 et seq.
The primary responsibility of the BIDAC is to make recommendations to the City Council on the methods and ways by which revenues derived from the annual assessment are used for the betterment of the BID businesses and the BID area.
The BIDAC comprises five (5) members appointed by the City Council for one year and may serve for up to eight (8) years if reinstated by a Council member. Each City Council member appoints one Committee member. The BIDAC meets quarterly and as needed and hosts an annual meeting of the BID members- at-large at the end of the year, before the following year’s assessments.
ACCOMPLISHMENTS
This section of the Annual Report reflects the activities during 2022 to promote or enhance the BID area and its businesses.
Holiday Promotion
Holiday decorations were installed and displayed along Garvey Avenue and the medians to provide a bright seasonal atmosphere for shoppers in the downtown BID.
Janitorial Services
Effective December 1, 2020, Valley Maintenance Corporation, taking over Chr ysalis Corporation, was contracted to perform the janitorial services in the BID area four days a week at a significantly reduced rate. In 2022, the City added the cleaning of the Downtown parking lot on Garvey and Garfield to the Valley Maintenance contract with the same significantly reduced rate.
BUDGET
2023 Program Year
The Annual Report contains an estimated budget for the BID for January 1, 2023, to December 31, 2023, and is tied to programs and activities scheduled during the calendar year.
As of September 2022, the City received approximately $41,841.00 in revenue from the BID for the calendar year 2022. Exhibit B reflects the estimated expenditures for the calendar year 2022 . Exhibit C shows the actual expenditures as of September 2022, and Exhibit D reflects the BID’s Estimated Annual Program Budget for the program year 2023.
GOALS for 2023
This section of the Annual Report shows the programs or activities intended for 2023. • Continue to work with the Downtown BID businesses on ways they can assist in keeping the area attractive.
• Continue janitorial services for the BID area.
• Install holiday decorations along Garvey Avenue, remove them, and place them in storage. • Work with the City to provide resources, workshops, and other business assistance activities for businesses in the BID area.
• Support City projects that benefit the BID area, such as discussions on the need for a parking structure in the BID, signage, and maintenance; identify ways to promote businesses in the BID.
Exhibits:
A: BID Area Map
B: 2022 Estimated Expenditures
C: 2022 Actual Expenditures
D: 2023 Estimated Budget
E: 2023 Fee Schedule
EXHIBIT A
BUSINESS IMPROVEMENT DISTRICT NO. 1 MAP
EXHIBIT B
Business Improvement District No. 1
2022 Estimated Expenditures
Budget Item Description 2022 Est.
Expenditures
Administration Postage $ 600.00
Business Cards $225.00
Translation Services $1,200.00
Office Supplies $300.00
Street Banners 20 Large Banners 30” x 96” $3,380.00
34 Small Banners $3,740.00
1 Across the Street Banner $1,400.00
Single & Double Brackets $6,912.00
Holiday Decoration Holiday light bulb replacement $500.00 Edison $625.00
Holiday light storage & installation $5,577.00
Trash Receptacles Liners & lids $200.00
Landscaping Additional planting supplies $1,000.00
Custodial Contract Maintenance of the BID area $ 21,840.00 Pressure Washing $7,360
TOTAL EST. EXPENDITURES: $54,859.00
EXHIBIT C
Business Improvement District No. 1
2022 Actual Expenditures as of September 2022
Beginning Fund Reserves Balance: $136,151.12
Budget Item Description 2023 Estimated
Budget
Administration Postage $613.21
Business Cards $0.00
Translation Services $0.00
Office Supplies $0.00
Holiday Decoration Holiday light bulb $0.00
Edison Poles Adapters $1,050.18
Holiday light storage & installation $9,425.00
Trash Receptacles Additional liners & lids $0.00
Landscaping Additional planting supplies $0.00
Custodial Contract Maintenance of the BID area $23,680.00
TOTAL EXPENDITURES: $34,768.39
Revenue as of 09/2022 $41,841.23
Reserves as of 09/2022 $187,010.53
EXHIBIT D
Business Improvement District No. 1
2023 Estimated Budget
Budget Item Description 2023 Estimated
Budget
Administration Postage $1,500.00
Business Cards $150.00
Translation Services $1,200.00
Office Supplies $300.00
BID Promotion Incentives, marketing, & promotions $5,500.00
Holiday Decoration Holiday light bulb replacement $500.00 Edison $600.00
Holiday light storage & installation $5,577.00
Trash Receptacles Additional liners & lids $200.00
Landscaping Additional planting supplies $1,000.00
Custodial Contract Maintenance of the BID area $21,840.00 Pressure Washing $7,360.00
Downtown Parking Lot Cleaning $15,120.00
TOTAL: $60,847.00
EXHIBIT E
2023 BID Fee Schedule (same as last year)
Business Type Fee Employee/Seat Formula
Retail $105.17 $13.52
Service (Includes Financial) $105.17 $13.52
Restaurant
Without ABC $105.17 $ 6.57 (1)
With ABC $105.17 $ 7.87 (2)
Professional (inc. Insurance) $105.17 $13.52
Theater $105.17
Wholesale $105.17
Manufacturing $105.17
Contractor $105.17
Commercial Rental $23.00 + .006574 sq. ft. (3)
Residential Rental $23.00 (4)
Hotel $23.00 per unit
Laundromat $105.17
(5) 20 seats or less, no seat assessment fees. Over 20 seats, $6.57 per seat starting with Seat
21. Eg. For 50 seats, total charge is $105.17 (base fee) + $197.10 (30 seats x $6.57) = $302.27.
(6) 20 seats or less, no seat assessment fees. Over 20 seats, $7.87 per seat starting with Seat
21. Eg. For 50 seats, total charge is $105.17 (base fee) + $236.10 (30 seats x $7.87) = $341.27.
(7) Base fee is $23.00 per unit. For every additional sq. ft. over 2,000; multiply excess by $.006574. Eg. 2,500 sq. ft., total charge is $23.00 + $3.29 (500 sq. ft. x $0.006574) = $26.29 (calculations are rounded up)
(8) If you own 1-3 units, there is no charge. If you own more than 3 units, you pay $23.00 per unit more than 3 units. Eg. You own 5 units. You pay $23.00 x 2 (5 units – 3 units) = $56.00