Monterey Park City Council
March 15, 2023

CITY COUNCIL OF MONTEREY PARK

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

REDEVELOPMENT AGENCY, THE HOUSING AUTHORITY, THE MONTEREY PARK FINANCING

AUTHORITY AND THE MONTEREY PARK GEOLOGIC HAZARD ABATEMENT DISTRICT AGENDA

REGULAR CITY COUNCIL MEETING

MONTEREY PARK CITY HALL COUNCIL CHAMBERS
320 W. NEWMARK AVENUE, MONTEREY PARK, CA 91754
W
ednesday
March 15, 2023
6:30 p.m.

G

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

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

P

UBLIC PARTICIPATION
You may speak up to 5 minutes on Agenda item. You may combine up to 2 minutes of time with another person’s speaking. No person may speak more than a total of 10 minutes. The Mayor and City Council may change the amount of time allowed for speakers. Written Communication will be accepted up to 24 hours before the meeting via email to [email protected].

P
er the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please call City Hall at (626) 307-1359 for reasonable accommodation at least 24 hours before a meeting.

Council Chambers are wheelchair accessible.

CA
LL TO ORDER Mayor
FLAG SALUTE The Monterey Park Fire Explorers
ROLL CALL Henry Lo, Vinh Ngo, Jose Sanchez, Thomas Wong, Yvonne Yiu A

GENDA ADDITIONS, DELETIONS, CHANGES AND ADOPTIONS

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

Monterey Park City Council Agenda, March 15, 2023 - Page 2 PUBLIC COMMUNICATIONS:

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

ST
AFF COMMUNICATIONS:
• Library
• Recreation and Community Services
[1
.] PRESENTATION
1-A. MA

RK KEPPEL HIGH SCHOOL ACADEMIC DECATHLON TEAM RECOGNITION 1-B. MO

NTEREY PARK COMMUNITY HEALING FUND UPDATE
1-C. GO

ING GREEN OUTREACH & SURVEY RESULTS
1-D. AU

TISM AWARENESS MONTH
[2
.] OLD BUSINESS
2-A. SIGNING HEALTHY WORKPLACE ENVIRONMENT PLEDGES IN ACCORDANCE WITH

THE MONTEREY PARK CODE OF CONDUCT
It is recommended that the City Council consider:
(1) Receiving and filing this report;
(2) Signing the Healthy Workplace Environment Pledge; and (3) Taking such additional, related, action that may be desirable. [3
.] CONSENT CALENDAR ITEM NOS. 3A-3J
3-A. MI
NUTES
It is recommended that the City Council consider:
(1) Approving the minutes from the special of January 31, 2023 and the special and regular meetings of February 15, 2023; and
(2) Taking such additional, related, action that may be desirable.

Monterey Park City Council Agenda, March 15, 2023 - Page 3

3-B. MONTHLY INVESTMENT REPORT – FEBRUARY 2023
It is recommended that the City Council consider:
(1) Receiving and filing the monthly investment report; and (2) Taking such additional, related, action that may be desirable.

3-C. CONSIDERATION AND POSSIBLE ACTION TO ADOPT A RESOLUTION TO RECORD A

NOTICE OF NUISANCE ABATEMENT LIEN AGAINST CERTAIN REAL PROPERTY IN THE CITY (APN 5254-002-031)
It is recommended that the City Council consider:
(1) Adopt a resolution to record a Notice of Nuisance Abatement Lien; and/or (2) Taking such additional, related, action that may be desirable.

CEQA (California Environmental Quality Act):

Adoption of the Resolution is exempt from the California Environmental Quality Act (“CEQA”) under CEQA Guidelines § 15061(b)(3) because it can be seen with certainty that there is no possibility that the action proposed by the proposed resolution would have a significant effect on the environment.

3-D. REINSTATING WATER SHUTOFFS IN ACCORDANCE WITH SENATE BILL 998 AND MUNICIPAL CODE 14.12.240
It is recommended that the City Council consider:
(1)
Receiving and filing this report notifying the City Council and public that the City will resume water shut -offs and late fees pursuant to Monterey Park Municipal Code (“MPMC”) §

14.12.240; and
(2) Taking such additional, related, action that may be desirable.

3-E. AUTHORIZE THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT WITH

CHINATOWN SERVICE CENTER TO UTILIZE SPACE WITHIN THE BRUGGEMEYER

LIBRARY TO PROVIDE MENTAL HEALTH AND WELLNESS SERVICES
It is recommended that the City Council consider:
(1) Authorizing the City Manager, or designee, to execute a license agreement, in a form approved by the City Attorney with Chinatown Service Center to utilize space within the Bruggemeyer Library to provide mental health and wellness services to the community; and
(2) Taking such additional, related, action that may be desirable.

3-F.

CALIFORNIA STATE LIBRARY 2023-2024 LIBRARY SERVICES TECHNOLOGY ACT (LSTA) LOCAL AND COLLABORATIVE GRANT
It is recommended that the City Council consider:
(
1) Adopting a resolution authorizing the City Manager, or designee, to apply for, receive, and appropriate grant funds for the California State Library’s 2023 -2024 LSTA Local and Collaborative Grant; and
(2) Tak ing such additional, related, action that may be desirable.

Monterey Park City Council Agenda, March 15, 2023 - Page 4

3-G. AUTHORIZE THE CITY MANAGER TO EXECUTE LICENSE AGREEMENTS WITH NON-

PROFIT YOUTH ATHLETIC ORGANIZATIONS FOR THEIR USAGE OF DESIGNATED

STORAGE UNITS AND SNACK BARS IN CITY PARKS
It is recommended that the City Council consider:
(1) Authorizing the City Manager, or designee, to execute license agreements, in a form approved by the City Attorney with the MPK Baseball and Softball Inc, and Socal Elite Soccer Club to utilize designated storage units and snack bars in City parks; and/or (2) Taking such additional, related, action that may be desirable.

3-H. FY 2022-23 SIDEWALK REPAIR PROJECT (SPEC NO. 2022-011) It is recommended that the City Council consider:
(1) Adopting a resolution to add the FY 2022-23 Sidewalk Repair Project to the CIP; (2) Appropriating $52,182 from Prop A Funds, $174,946 from TDA 3 Fund, and $122,672 from Gas Tax Fund to the FY 22-23 Budget to proceed with this project; and (3) Taking such additional, related, action that may be desirable.

CEQA (
California Environmental Quality Act):

The proposed project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations § 15301 as a Class 1 categorical exemption (Existing Facilities). The Project results in minor alterations to existing public facilities involving no significant expansion of the existing use. The Project is not anticipated to have any significant impacts regarding traffic, noise, air quality or water quality.

3-I.

RECEIVE AND FILE STAFF REPORT SUMMARIZING THE STATUS OF EMERGENCY

REPAIRS OF THE MONTEREY PASS ROAD WATER LINE
It is recommended that the City Council consider:
(1) Receive and f ile 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.

3-J. TASK ORDER TO RKA CONSULTANTS FOR PUBLIC WORKS INSPECTION SERVICES It is recommended that the City Council consider:
(1) Authorizing the City Manager to execute a Task Order, per Agreement 2283-A with RKA Consulting Group for Public Works inspections services, in a form approved by the City Attorney, not to exceed $218,000 annually; and
(2) Taking such additional, related, action that may be desirable.

Monterey Park City Council Agenda, March 15, 2023 - Page 5

[4.] PUBLIC HEARING

4-A. ANNUAL WEED ABATEMENT PROTEST HEARING
It is recommended that the City Council consider:
(1) Opening the public hearing, receiving public comment, closing the public hearing; (2) Adopting the attached Resolution with the Declaration List; and/or (3) Taking such additional, related, action that may be desirable.

[5.] NEW BUSINESS – None.

[6.] CITY COMMUNICATIONS (CITY COUNCIL)

6-A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY PARK, CALIFORNIA DECLARING THE MONTH OF MARCH AS WOMEN’S HISTORY MONTH, A

NATIONAL CELEBRATION THAT HIGHLIGHTS THE CONTRIBUTIONS OF WOMEN TO

EVENTS IN HISTORY AND CONTEMPORARY SOCIETY (REQUESTED BY MAYOR

SANCHEZ)
It is recommended that the City Council consider:
(1) Adopting a Resolution of the City Council of the City of Monterey Park, California declaring the month of March as Women’s History Month, a national celebration that highlights the contributions of women to events in history and contemporary society; and (2) Taking such additional, related, action that may be desirable.

[7.] FUTURE AGENDA ITEMS

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

ADJOURN

City Council Staff Report
DATE: March 15, 2023
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Inez Alvarez, Assistant City Manager
SUBJECT: Signing Healthy Workplace Environment Pledges in accordance with the Monterey Park Code of Conduct
RECOMMENDATION:

It is recommended that the City Council consider:

1. Receiving and filing this report;

2. Signing the Healthy Workplace Environment Pledge; and

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

EXECUTIVE SUMMARY:

A review of the City’s records shows that officials elected in November 2022 have not yet signed Healthy Workplace Environment pledge in accordance with Resolution No. 12184 (Council Members Lo and Yiu previously signed these pledges). As noted in the attached staff reports from 2019, 2020, and 2022 (all without attachments), the Code of Conduct applies to every elected and appointed public official and may be enforced in the manner stated within Resolution No. 12184.

Signing the attached pledge also demonstrates the officials’ voluntarily desire to comply with the Code of Conduct. Such action helps promote a healthy and professional work environment for all of us serving the City of Monterey Park.

FISCAL IMPACT:

There is no fiscal impact as a result of this action.

Respectfully submitted by: Approved by:
_____________________________ _____________________
Inez Alvarez, Assistant City Manager Ron Bow, City Manager Reviewed by:
_____________________________
Karl H. Berger, City Attorney
ATTACHMENTS:

1. Resolution No. 12184 and Staff Reports.

2. Healthy Workplace Environment Pledges.

Old Business - 2A

Staff Report
March 15, 2023
ATTACHMENT 1
Resolution No. 12184
Code of Conduct
and
Staff Reports (without attachments)

RESOLUTION NO. 12184
A

RESOLUTION ESTABLISHING A CODE OF CONDUCT AND RULES

FOR CONDUCTING CITY COUNCIL MEETINGS IN ACCORDANCE
WITH GOVERNMENT CODE § 36813.

Th
e City Council does resolve as follows:

SECTION 1: Code of Conduct; Core Principles. The City Council finds and declares that its members, and all members of appointed boards and commissions (collectively, “Public Officials”), will abide by the following Core Principles:

A. Pr
inciple 1: Public Officials should comply with both the letter and spirit of the laws and policies affecting the operations of government; B. Pr
inciple 2: Public Officials are expected by the public to be independent, impartial, and fair in their judgment and actions;
C. Pr
inciple 3: Serving in public office is a privilege and should be exercised in trust for the public good, not for personal gain; and D. Pr
inciple 4: Public deliberations and processes should be conducted openly, unless legally confidential, in an atmosphere of respect and civility.

SECTION 2: General Policies. Implementing the Core Principles is one of the guiding objectives in adopting this Resolution. Accordingly, in addition to all requirements of applicable law, the Public Officials must adhere to the following policies:

A. Con
duct of Public Officials
Th
e professional and personal conduct of Public Officials must be above reproach and avoid even the appearance of impropriety. Public Officials will refrain from abusive conduct, personal charges, or verbal attacks upon the character or motives of other Public Officials, City employees, or the public.

B. Res
pect for Process
Publ
ic Officials will perform their duties in accordance with the processes and rules of order established by the City Council governing the deliberation of public policy issues, meaningful involvement of the public, and implementation of policy decisions.

C. Conduc
t of Public Meetings
Publ
ic Officials will fully prepare themselves for public issues; listen courteously and attentively to all public discussions before the body; and focus on the

Resolution No. 12184

business at hand. They will refrain from interrupting other speakers, making personal comments not germane to the business of the body, or otherwise interfering with the orderly conduct of meetings.

D. Com
munication
Mem
bers will publicly share substantive information that is relevant to a matter under consideration by the City Council or boards, commissions, and committees, which they may have received from sources outside the public decision-making process.

E. Con
fidential Information
Publ
ic Officials must respect the confidentiality of information concerning City property, personnel, or proceedings of the City. They will neither disclose confidential information without proper legal authorization nor use such information to advance their personal interests.

F. Adv
ocacy
Wh
en presenting their individual opinions and positions, Public Officials will expressly state they do not represent their body or the City of Monterey Park, nor will they allow the inference that they do. All written correspondence expressing an individual opinion and position must be on personal stationery and not on City stationery.

G. Po
licy Role of Public Officials
Publ
ic Officials must respect and adhere to the council -manager structure of Monterey Park city government with respect to the City Manager’s relationship with the City Council. In this structure, the City Council determines the policies of the City with the advice, information and analysis provided by the public, boards, commissions, and committees and City staff. The City Manager implements that policy.

SECTION 3: Substance Abuse Policy.

A. Wh
ile acting in their official capacities, Public Officials will refrain from imbibing alcohol to the point that it impairs their judgment, physical coordination, speech, or mental process.

B. At
all times, Public Officials will refrain from the use of a controlled substance, narcotic, amphetamine, barbiturate, prescribed or over-the- counter medication in excess of the prescribed dosage, or other non- prescribed hallucinogenic substance.

Resolution No. 12184

C. Public Officials who have substance abuse problems are encouraged to make every effort to overcome such problems and to utilize the services of the Employee Assistance Program (EAP). Using the EAP is confidential.

SECTION 4: Anti-Harassment Policy.

A. Harassment of an applicant or employee by a Public Official on the basis of race, religious creed, color, national origin, ancestry, disability, medical condition, marital status, sexual orientation, gender identity, veteran or military status, sex, or age will not be tolerated.

B. Harassment on the basis of race, religious creed, color, national origin, ancestry, disability, medical condition, marital status, sexual orientation, gender identity, veteran or military status, sex, or age includes, without limitation, the following examples:

1. Verbal Harassment - Epithets, derogatory comments, or slurs on the basis of race, religious creed, color, national origin, ancestry, disability, medical condition, marital status, sexual orientation, gender identity, veteran or military status, sex, or age.

2. Physical Harassment - Assault, impeding or blocking movement, or any physical interference with normal work or movement when directed at an individual on the basis of race, religious creed, color, national origin, ancestry, disability, medical condition, marital status, sexual orientation, gender identity, veteran or military status, sex, or age.

3. Visual Forms of Harassment - Derogatory posters, notices, bulletins, cartoons, or drawings on the basis of race, religious creed, color, national origin, ancestry, disability, medical condition, marital status, sexual orientation, gender identity, veteran or military status, sex, or age.

4. Sexual Favors - Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that is conditioned upon employment benefit, unreasonably interferes with an individual’s work performance or creates an offensive work environment.

SECTION 5: Expected Conduct.

A. Public Officials will request administrative services only through the City Manager or designee.

Resolution No. 12184

1. Pu
blic Officials cannot direct, order, or make demands on any City employee, other than inquiries that can be answered routinely and without research.

2. Publ
ic Officials cannot attempt to reorganize an employee’s priorities or influence the manner by which City staff performs their assigned functions or duties.

3. Publ
ic Officials cannot retaliate or threaten to retaliate against employees as a result of disagreements over policy
recommendations.

4. Publ
ic Officials cannot threaten a City employee with disciplinary action.

B. Pu
blic Officials must act collectively in a properly noticed and constituted meeting; Public Officials do not have authority to make decisions or take actions on behalf of the body unless expressly authorized to do so.

1. Publ
ic Officials cannot make representations or promises to any third party regarding the future actions of the City or of the body of which they are a member, unless such representation or promise has been duly authorized by the appropriate body.

2. Wh
en making public utterances, Public Officials must make it clear whether they are authorized to speak on behalf of the body of which they are a member, or whether they are presenting their own views.

3. Publ
ic Officials cannot interfere with the manner by which the City Manager performs his or her duties.

C. Publ
ic Officials who are members of boards and commissions must limit their activities to matters within their subject matter jurisdiction.

1. Boar
ds and commissions can address only those matters
determined by the MPMC or by the City Council to be within their subject matter jurisdiction; staff need not place on an agenda, provide resources for or implement requests, directions or actions outside that jurisdiction. Unless directed otherwise by the City Council, Commissions and Boards must refrain from consideration of policy issues that are under active consideration by the City Council.

Resolution No. 12184

2. The City Council as a whole will provide direction and guidance to its subsidiary bodies.

D. City resources must be used solely for proper governmental purposes, and only with proper authorization.

1. City letterhead may only be used by Public Officials for official City business.

2. City employees cannot be asked or directed to spend time on non- City business.

3. Public Officials cannot use or disclose information obtained through City service for improper purposes.

SECTION 6: Commitment to Healthy Workplace Environment. While the Code of Conduct adopted by this Resolution is mandatory, elected and appointed public officials should help implement the Code of Conduct by committing to a Healthy Workplace Environment. To memorialize such commitment, the City Council believes that it is in the public interest for all Public Officials to enter into the acknowledgment attached as Exhibit “A” (the “Healthy Workplace Commitment”). The City Manager, or designee, is authorized to promulgate such administrative policies and procedures that will facilitate an alternative dispute resolution as contemplated in the Health Workplace Commitment.

Such a program may be referenced as the “Monterey Park Healthy Workplace Environment Program.”

SECTION 7: Ex Parte Policy. To implement Core Principles Nos. 2-4, the City Council adopts the “Ex Parte Communication Policy” attached as Exhibit “B,” and incorporated by reference.

SECTION 8: Enforcement. To enforce the Core Principles, and the polices set forth in this Resolution to implement those Core Principles, the City Council adopts the following requirements for enforcement:

A. A complaint regarding a violation of the Code of Conduct may be filed with the Mayor, the City Manager, or the City Attorney (collectively, the “Investigator”).

B. Upon receiving a complaint, the person receiving the complaint may take one of the following actions depending on the circumstances of the alleged violations of law or policy:

1. Take no action;

Resolution No. 12184

2. Conduct a preliminary investigation of the allegations before recommending any action. Following such a preliminary
investigation into the complaint, the Investigator may then either take no action or place the matter on a future City Council agenda with a recommendation for consideration; or

3. Pl
ace the matter on a future City Council agenda for consideration.

C. If
a complaint is placed on the City Council agenda, the City Council may take the following action:

1. Tak
e no action;

2. Ini
tiate an investigation of the allegations before considering any discipline identified in this Resolution; or

3. Bas
ed upon substantive evidence, take one of the disciplinary actions identified in this Resolution.

4. Not
hing in this policy precludes individual City Council Members from making public statements regarding alleged conduct.

D. In a
ddition to any other remedy provided by applicable law, the City Council may undertake one or more of the following actions after finding a violation of this Resolution occurred:

1. Adm
onition. This is the least severe form of action. An admonition may typically be directed to all members of the City Council, reminding them that a particular type of behavior is in violation of law or City policy. An admonition may be issued by the City Council before any findings of fact regarding allegations, and because it is a warning or reminder, would not necessarily require an investigation or separate hearings to determine whether the allegation is true.

2. Sanc
tion. This is the next most severe form of action. Sanction may be directed to a particular member of the City Council based on a particular action (or set of actions) that is determined to be in violation of law or City policy. A sanction is distinguished from censure in that it is not a punishment. A sanction may be issued based upon City Council review and consideration of a written allegation of a policy violation. The member accused of a violation will have an opportunity to provide a written response to the allegation. A sanction may be issued by the City Council and because it is not punishment or discipline, would not necessarily require an investigation or separate hearings.

Resolution No. 12184

3. Cens
ure. Censure is the most severe form of action. Censure is a formal statement of the City Council officially reprimanding one of its members. It is a punitive action, which serves as a penalty imposed for wrongdoing, but it carries no fine or suspension of the rights of the member as an elected official. Censure should be used for cases in which the City Council determines that the violation of law or policy is a serious offense. To protect the overriding right to freedom of speech, the City Council cannot impose censure on any of its members for the exercise of his or her First Amendment rights, no matter how distasteful the expression was to the City Council and the City. However, nothing can be construed to prohibit the City Council from collectively condemning and expressing their strong disapprobation of such remarks. A decision to censure requires the adoption of a Resolution making findings with regard to the specific charges, based on substantial evidence, and approved by a unanimous vote of the City Council.

SECTION 9: Amendment/Suspension. The City Council may amend or suspend these rules at any time upon majority vote of the City Council.

SECTION 10: Amendments to Existing Policies. Any existing policies – whether adopted by resolution or otherwise – governing the subject matter in this Resolution are amended to conform with this Resolution. Nothing in this Resolution is intended to, nor does it, supersede the City’s most recently adopted Conflict of Interest Code.

SECTION 11: Authority. The City Manager, or designee, is authorized to reproduce all City Council policies and procedures including, without limitation, this Resolution and its exhibits, in an appropriate font, form, and presentation (e.g., booklet format) for ease of use.

SECTION 12: 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 13: Effectiveness. This Resolution will become effective immediately upon adoption.

Resolution No. 12184

PA

SSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MONTEREY PARK THIS 5TH OF AUGUST, 2020.
______
__________________________
Hans Liang, Mayor
AT
TEST:
______
__________________________
Vincent D. Chang, City Clerk
APPRO
VED AS TO FORM:
______
__________________________
Karl H. Berger, Assistant City Attorney
Ex
hibits:

Ex
hibit A – Healthy Workplace Environment
Exhibit B – Ex parte Communication Policy

Resolution No. 12184

STA

TE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §

CITY OF MONTEREY PARK )
I, Vi
ncent D. Chang, City Clerk of the City of Monterey Park, California, do hereby certify that the foregoing Resolution No. 12184 was duly adopted by the City Council of the City of Monterey Park at a r egular meeting held on the 5th day of August, 2020, by the following vote:

Aye
s Council Members: Yiu, Lo, Sornoso, Chan, Liang
Noes: Council Members: None
Abstain: Council Members: None

Absent: Council Members: None
Dat
ed this 5th day of August, 2020.
______
____________________
Vincent D. Chang, City Clerk
City of Monterey Park, California

EXHIBIT A

MY COMMITMENT TO A HEALTHY WORK ENVIRONMENT
As
a Public Official of the City of Monterey Park, I am committed to the creation and support of a healthy work environment for all Public Officials and City Employees.

I und
erstand that positive, professional communications are critical to a healthy work environment and positive morale.

I
commit to hold myself accountable to adhere to the Code of Conduct as adopted by Resolution No.12184 on August 5, 2020 and demonstrate professional communications with all Public Officials, employees, residents, businesses and customers of the City of Monterey Park.

If
at any time it is brought to my attention that my behavior is not professional, I agree to listen to the feedback and commit to work on improving the issue brought to my attention.

I und
erstand that on-going negative communications are unacceptable.

I
commit to bring issues of un-professional communication to the attention of fellow Public Officials in a constructive manner.

Print Name Title
Signature Date
City of Monterey Park
Pr ide in the Past • Faith in the Future

1 EXHIBIT B

EX PARTE COMMUNICATION POLICY
Ex parte communication is evidence gathering that takes place outside of a properly noticed, quasi-judicial hearing. Ex parte communications include the transmission, receipt or exchange of oral, written or graphic information relevant to the merits of an adjudicatory or quasi-judicial proceeding. Ex parte communications also include any other type of sensory communication that can convey visual or auditory information. For example, the visual inspection of the site of a proposed project can reveal a great deal of information about the site that may not otherwise be evident from the materials otherwise available to the parties and the public in the administrative record.

1. Disclosure of ex parte communications is critical to ensure due process in quasi-judicial proceedings.

In the context of adjudicatory or quasi-judicial proceedings, the guarantee of procedural due process is of paramount concern. A fair hearing before an impartial decisionmaker is a fundamental component of due process. Due process requires the decisionmakers to act only upon evidence that has been introduced during the course of an adjudicatory hearing and prohibits decisionmakers from acting on their own information. Stated differently, the decisionmaking body must consider only the oral and documented evidence presented at the hearing by staff, the interested parties, and other interested individuals and groups. The body must then make its decision solely on the basis of evidence in the record of proceedings. When a decisionmaker uses ( i.e., relies upon or is influenced by) “evidence” outside of the record, there is a denial of a fair hearing “because, as to that ‘evidence,’ there has been no hearing at all, for the disadvantaged party has not been heard.”
The right to a hearing before an administrative tribunal would be meaningless if the tribunal were permitted to base its determination upon information received without the knowledge of the parties. A fair hearing requires that the parties be apprised of all the evidence known to each of the decision makers so that the party may have the opportunity to refute, test, and explain it before deliberations begin and a decision is made. Consequently, the detailed disclosure of all ex parte communications is necessary to avoid a due process violation. Detailed disclosure also aids in preserving the due process requirement of an unbiased tribunal and the related public interest in avoiding the appearance of bias on the part of public decisionmakers.

2. The types of ex parte communications that must be disclosed.

Information that is evidentiary in nature and acquired through ex parte communications must be disclosed if that same information is not already set forth in the administrative record and available to the parties and the public. Information is evidentiary in nature if it is considered by the decisionmaker for its bearing on the issues and his or her ultimate

2 decision on matter. Casual, non-substantive communications that do not bear on the ultimate decision do not potentially violate due process and, accordingly, do not need to be disclosed. For example, a constituent approaching a councilmember and expressing support or opposition for a particular project does not raise due process concerns if the constituent’s expression is not accompanied by factual information that may influence the councilmember’s decision-making process.

3. Recordkeeping requirements.

Presently, there is no legal requirement that you maintain written records of ex parte communications. However, it is strongly recommended that, to the extent feasible, you keep contemporaneous notes of the substance of all relevant ex parte communications, including the content of the communication, the names of those involved, and the date, time and place of the communication. Creating and maintaining contemporaneous notes of ex parte communications helps guard against forgetfulness and the resulting inadvertent failure to disclose. Keeping notes also helps ensure that the disclosure is thorough, i.e., that all relevant aspects of the communication are disclosed.

4. Timing, form and substance of disclosures.

Disclosure of ex parte communications should be detailed and complete. The substance of the information communicated, the name of the source, and the date, time and place of the communication should all be disclosed. If you wrote notes summarizing the details of ex parte communications and you choose to use those notes to refresh your recollection during a hearing, you will need to produce a photocopy of your notes and give them to the recording secretary for inclusion in the administrative record.

Disclosure must occur before the public comment period is opened at the subject hearing. Ideally, ex parte disclosures
are made by each decisionmaker immediately
after the staff presentation on the item is complete. This way, the interested parties and the public are given all of the relevant information and evidence at the same time and, in the event of a subsequent legal challenge, it will be easily located in the administrative record of the proceedings.

3 5. Obligation to refrain from ex parte communications after close of the public hearing and before final action is taken.

There can be no ex parte communications during the period between the closing of a public hearing and the final decision. This situation usually arises when the decisionmaking body closes the public hearing and then directs its staff to prepare written findings to bring back for consideration at a subsequent meeting. During this interim period, each decisionmaker must take care to avoid ex parte communications and must reject attempts by others to make ex parte contact with them on the subject matter of the closed hearing. Any decisionmaker who engages in ex parte communications or who comes into possession of new information or evidence during this interim period should immediately inform the City Attorney so that proper steps can be taken to preserve the integrity of the process.

Gity Gouncil Staff Report
DATE:

AGENDA ITEM NO:

August 5,2020
Old Business
Agenda ltem 2-B
TO:

FROM:

The Honorable City Council
Ron Bow, City Manager
Karl H. Berger, Assistant City
SUBJECT: Code of Conduct; Meeting Procedures; Healthy Workplace Environment
RECOMMENDATION:

It is recommended that the City Council consider:

1. Adopting a Resolution amending the City Council's existing policies and procedures to:
a. Add a Code of Conduct for elected and appointed public officials; b. Adopt a Healthy Workplace Environment policy; and

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

EXECUTIVE SUMMARY:

During the City Council's strategic planning meeting on July 11,2020, the Council determined that it wished to consider a Code of Conduct and Healthy Workplace Environment policy. These were originally considered by the City Council in August 2019. A copy of that staff report (without the attachments) is included for reference.

FISCAL IMPACT:

There is no fiscal impact as a result of this action
DISCUSSION:

The draft resolutions are substantially similar as those originally considered in 2019. An overview of these policies is included with the staff report from August 21, 2019.

Staff Report
August 5,2020

Respectfully submitted by:

Ron Bow
City Manager

ATTACHMENTS

1. August 21,2019 Staff Report (without attachments)

2. Draft resolution

City Council Staff Report
DATE: August 21,2019
AGENDA ITEM NO: Council Communications
Agenda ltem 6-A
The Honorable Clty Council
Mayor Hans Liang
Code of Conduct; Meeting Procedures; Healthy Workplace
Environment
TO:

FROM:

SUBJECT:

RECOMMENDATION:

It is recommended that the City Council consider:

1. Adopting a Resolution amending the City Council's existing policies and procedures to:
a. Add a Code of Conduct for elected and appointed public officials; b. Adopt a Healthy Workplace Environment policy; and

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

EXECUTTVE SUMMARY
At my mayoral installation, I announced several initiatives that I hoped to implement during my tenure as the City's Mayor. Among other things, I believe that it is imperative that Councilmembers lead by example while serving in positions of public trust, This extends not just to their service to constituents, but also to the hard-working men and women who serye the public's needs as City employees. Accordingly, I suggest that the City Council adopt a Code of Conduct along with a Healthy Workplace Environment policy to help facilitate professional, dedicated, and reliable public service.

FISCAL IMPACT
There is no fiscal impact as a result of this action.
prscussroN
At my request, City staff reviewed the City's existing policies and procedures affecting the conduct of elected and appointed public officials ahd current requirements as to conducting public meetings. ln addition to regulations within the Monterey Park Municipal Code ('MPMC"), it appears that one resolution regulates conduct and meeting procedures. lt was last updated in 2017.

Staff Report
August 21,2019

lf adopted, the draft resolution would establish rules regarding the conduct of all elected and appointed public officials. Additionally, the resolution would provide the consequences for violating these rules of conduct. Generally, discipline would include admonition, sanction, and censure. The last consequence is also the most severe and would be available to the City Council in only the most egregious of circumstances; it would require a 213 vote of the City Council to implement and only after substantive evidence of wrongdoing were included within the administrative record. Were the City Council to censure one of its members, it could also take additional disciplinary action including, without limitation, removing the privilege of free access within City Hall.

To help provide an alternative avenue for resolving workplace tensions, the draft resolution would also adopt a Healthy Workplace Environment policy. While the City Manager would be authorized to adopt policies and procedures to implement this Policy, elected and appointed officials would be encouraged to demonstrate their adherence to such a program - and to the Code of Conduct - by signing an acknowledgement that they willadhere to that policy.

Respectfu lly su bmitted,
/^,
g l
Attachments:

1. Draft Resolution

2. Exhibit A

3. Exhibit B

City Council Staff Report

DATE: March 1, 2022
AGENDA ITEM NO:

TO: City Boards and Commissions
FROM: Karl H. Berger, City Attorney
SUBJECT: City Code of Conduct and Social Media Policy

RECOMMENDATION:

This is an informational item only. No action may be taken other than receiving and filing the report.

BACKGROUND:

The City Attorney’s office was recently informed regarding activities on social media platforms undertaken by individuals appointed to the City’s various Boards and Commissions. As the City moves from emergency operations related to the Pandemic toward restoring “normalcy” in conducting the public’s business, it seems prudent to alert (or remind) public officials regarding the City’s Code of Conduct and Social Media Policy.

Please note that this is a very brief overview and intended only to remind public officials regarding the various rules and regulations that affect their public service. You may wish to seek additional clarification from the City Attorney’s office or your staff liaison.

Resolution No. 12184 establishes the City’s Code of Conduct; Resolution No. 12167 establishes the City’s Social Media Policy (both are attached for reference). As noted in both Resolutions, the Code of Conduct and Social Media Policy apply to all Monterey Park public officials, whether elected or appointed.

Mayor Hans Liang first proposed the Code of Conduct in 2019; the City Council adopted it on August 5, 2020. There are four Core Principles:

Principle 1: Public Officials should comply with both the letter and spirit of the laws and policies affecting the operations of government;

Principle 2: Public Officials are expected by the public to be independent, impartial, and fair in their judgment and actions;

Principle 3: Serving in public office is a privilege and should be exercised in trust for the public good, not for personal gain; and

Principle 4: Public deliberations and processes should be conducted openly, unless legally confidential, in an atmosphere of respect and civility.

Staff Report
March 1, 2022

The Code of Conduct implements these Core Principles with mandatory policies applying to all boards and com missions. Among other things, boards and commissions may only address matters determined by the Monterey Park Municipal Code or by the City Council to be within their subject matter jurisdiction. Moreover, unless directed otherwise by the City Council, boards and commissions must refrain from consideration of policy issues that are under active consideration by the City Council. When making public utterances, public officials must make it clear whether they are presenting their own views or those of the body upon which they sit.

Please note that while the Code of Conduct is mandatory, i.e., it applies to all elected and appointed public officials, public officials also acknowledge their voluntary compliance with the Code of Conduct when assuming office by signing the “My Commitment to a Healthy Work Environment” pledge. Those pledges are on file with the City Clerk’s office and available for public review.

As to the Social Media Policy, public officials are prohibited from using their title of public office when utilizing social media platforms. Moreover, all public officials should avoid using social media to discuss, deliberate or express opinions within the subject matter jurisdiction of their respective board or commission – even if they wish to do so in a personal capacity. This includes, without limitation, posting comments on social media whether through their own account or on a third-party’s feed.

Also note that all electronic communications prepared by public officials – whether using public or private accounts – are subject to the California Public Records Act and (unless otherwise exempted) must be disclosed upon request when they relate to City business.

This includes electronic mail, social media postings (whether in closed or open groups) , and posted comments.

The reasons for these policies are not only for good government, but also to avoid legal complications for the City of Monterey Park. Among other things, the policies were adopted to help reduce the likelihood that a public official’s conduct violates the Brown Act or Conflict of Interest laws; that the City complies with the Public Records Act; that the City complies with its records retention schedule; that due process rights are protected; and to avoid potential City liability in civil lawsuits.

An overview of these matters is provided in the Municipal Law Guidebook (last update is February 20, 2020) prepared by the City Attorney’s office. You should have received a copy of that document when you assumed office; copies are available in the City Clerk’s office.

Staff Report
March 15, 2023
ATTACHMENT 2
Healthy Workplace Environment
Pledges

MY COMMITMENT TO A HEALTHY WORK ENVIRONMENT
As a
Public Official of the City of Monterey Park, I am committed to the creation and support of a healthy work environment for all Public Officials and City Employees.

I unde
rstand that positive, professional communications are critical to a healthy work environment and positive morale.

I c
ommit to hold myself accountable to adhere to the Code of Conduct as adopted by Resolution No.12184 on August 5, 2020 and demonstrate professional communications with all Public Officials, employees, residents, businesses and customers of the City of Monterey Park.

If a
t any time it is brought to my attention that my behavior is not professional, I agree to listen to the feedback and commit to work on improving the issue brought to my attention.

I unde
rstand that on-going negative communications are unacceptable.

I c
ommit to bring issues of un-professional communication to the attention of fellow Public Officials in a constructive manner.

Print Name Title
Signature Date
City of Monterey Park
Pri de in the Past • Faith in the Future
Jose Sanchez Mayor
March 15, 2023

MY COMMITMENT TO A HEALTHY WORK ENVIRONMENT
As a
Public Official of the City of Monterey Park, I am committed to the creation and support of a healthy work environment for all Public Officials and City Employees.

I unde
rstand that positive, professional communications are critical to a healthy work environment and positive morale.

I c
ommit to hold myself accountable to adhere to the Code of Conduct as adopted by Resolution No.12184 on August 5, 2020 and demonstrate professional communications with all Public Officials, employees, residents, businesses and customers of the City of Monterey Park.

If a
t any time it is brought to my attention that my behavior is not professional, I agree to listen to the feedback and commit to work on improving the issue brought to my attention.

I unde
rstand that on-going negative communications are unacceptable.

I c
ommit to bring issues of un-professional communication to the attention of fellow Public Officials in a constructive manner.

Print Name Title
Signature Date
City of Monterey Park
Pri de in the Past • Faith in the Future
Thomas Wong Mayor pro tempore
March 15, 2023

MY COMMITMENT TO A HEALTHY WORK ENVIRONMENT
As a
Public Official of the City of Monterey Park, I am committed to the creation and support of a healthy work environment for all Public Officials and City Employees.

I unde
rstand that positive, professional communications are critical to a healthy work environment and positive morale.

I c
ommit to hold myself accountable to adhere to the Code of Conduct as adopted by Resolution No.12184 on August 5, 2020 and demonstrate professional communications with all Public Officials, employees, residents, businesses and customers of the City of Monterey Park.

If a
t any time it is brought to my attention that my behavior is not professional, I agree to listen to the feedback and commit to work on improving the issue brought to my attention.

I unde
rstand that on-going negative communications are unacceptable.

I c
ommit to bring issues of un-professional communication to the attention of fellow Public Officials in a constructive manner.

Print Name Title
Signature Date
City of Monterey Park
Pri de in the Past • Faith in the Future
Vinh Ngo Council Member
March 15, 2023

MY COMMITMENT TO A HEALTHY WORK ENVIRONMENT
As a P
ublic Official of the City of Monterey Park, I am committed to the creation and support of a healthy work environment for all Public Officials and City Employees.

I under
stand that positive, professional communications are critical to a healthy work environment and positive morale.

I com
mit to hold myself accountable to adhere to the Code of Conduct as adopted by Resolution No.12184 on August 5, 2020 and demonstrate professional communications with all Public Officials, employees, residents, businesses and customers of the City of Monterey Park.

If at a
ny time it is brought to my attention that my behavior is not professional, I agree to listen to the feedback and commit to work on improving the issue brought to my attention.

I under
stand that on-going negative communications are unacceptable.

I com
mit to bring issues of un-professional communication to the attention of fellow Public Officials in a constructive manner.

Print Name Title
Signature Date
City of Monterey Park
Pride in the Past • Faith in the Future
Amy Lee City Treasurer
March 15, 2023

MY COMMITMENT TO A HEALTHY WORK ENVIRONMENT
As a
Public Official of the City of Monterey Park, I am committed to the creation and support of a healthy work environment for all Public Officials and City Employees.

I unde
rstand that positive, professional communications are critical to a healthy work environment and positive morale.

I c
ommit to hold myself accountable to adhere to the Code of Conduct as adopted by Resolution No.12184 on August 5, 2020 and demonstrate professional communications with all Public Officials, employees, residents, businesses and customers of the City of Monterey Park.

If a
t any time it is brought to my attention that my behavior is not professional, I agree to listen to the feedback and commit to work on improving the issue brought to my attention.

I unde
rstand that on-going negative communications are unacceptable.

I c
ommit to bring issues of un-professional communication to the attention of fellow Public Officials in a constructive manner.

Print Name Title
Signature Date
City of Monterey Park
Pri de in the Past • Faith in the Future
Maychelle Yee City Clerk
March 15, 2023

City Council Staff Report
TO:

FROM:

The Honorable Mayor and City Council
SUBJECT: Minutes
RECOMMENDATION:

It is recommended that the City Council co nsider:

1. Approving the minutes from the special meeting of January 31, 2023 and special and regular meetings of February 15, 2023; and

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

EXECUTIVE SUMMARY:

None.

BACKGROUND:

None.

FIS
CAL IMPACT:

None.

Respectfully submitted,
Prepared by:

Maychelle Yee
City Clerk
Christine Sakata
Senior Clerk Typist
Approved By:

Ron Bow
City Manager
ATTACHMENT(S):

1. Draft Minutes
Maychelle Yee, City Clerk
DATE: March 15, 20 23
AGENDA ITEM NO: Consent Calendar - 3A

Staff Report
March 15, 2023
ATTACHMENT 1
Dra
ft Minutes

71-XX

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

MINUTES

MONTEREY PARK CITY COUNCIL

FINANCING AUTHORITY (MPFA)

HOUSING AUTHORITY (MPHA)

GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD)

SUCCESSOR AGENCY (SA)

SPECIAL MEETING
JANUARY 31, 2023

The City Council, the Financing Authority (MPFA), the Housing Authority (MPHA), the Geologic Hazard Abatement District (GHAD), and the Successor Agency (SA) of the City of Monterey Park held a Special Meeting of the Council in the Council Chamber, located at 320 West Newmark Avenue in the City of Monterey Par k, Tuesday, January 31, 2023 at 6:00 p.m.

CALL TO ORDER:

Mayor Sanchez called the meeting to order at 6:06 p.m.

FLAG SALUTE:

Mayor Sanchez conducted the flag salute.

ROLL CALL:

City Clerk Maychelle Yee called the roll:

Council Members Present: Henry Lo, Vinh Ngo, Jose Sanchez, Thomas Wong Council Members Absent: Yvonne Liu

ALSO PRESENT: City Attorney Karl Berger, City Manager Ron Bow, City Treasurer Amy Lee, Assistant City Manager Inez Alvarez, Police Chief Scott Wiese, Battalion Chief Ryan Weddle, City Librarian Diana Garcia, Director of Finance Martha Garcia, Director of Human Resources Christine Tomikawa , Interim Planning Director Jessica Serrano, Deputy City Clerk Cindy Trang

VIRTUALLY PRESENT: Director of Public Works Shawn Igoe, Director of Recreation & Community Services Robert Aguirre, Carol Bradford Worley (representative for California Community Foundation)

AGENDA ADDITIONS, DELETIONS, CHANGES AND ADOPTIONS
None

PUBLIC COMMUNICATIONS

- Maychelle Yee, resident and City Clerk , voiced a concern from a constituent regarding the city’s fire personnel not getting enough recognition for their heroic effort on the night of the mass shooting. She took a moment to thank the

71-XX
January 31, 2023
firefighters for their composure, resilience, and professionalism during this tragic event. She also reminded everyone that counseling services are available at the library.

1. N

EW BUSINESS

1A. ADOPT A RESOLUTION EXTENDING A LOCAL EMERGENCY RESULTING FROM THE MASS MURDER ON JANUARY 21, 2023 AND AUTHORIZING THE

CITY MANAGER TO ISSUE AN EXECUTIVE ORDER TO DIRECT THE

CALIFORNIA COMMUNITY FOUNDATION TO ADMINISTER THE

DISTRIBUTION OF DONATED FUNDS

On January 21, 2023, the Monterey Park community was traumatized by the murder of 11 individuals and the injury of nine others. In the aftermath of that horrific incident, the City’s resources are stretched thin. The Monterey Park Fire and Police Departments are the most affected by addressing the public safety of the community; the other City Departments, however, are also affected as we all are undergoing a “crash course” in learning how to react to this tragedy. Under the circumstances, it is apparent that the local emergency that was already in effect because of the 2023 Winter Storms must be broadened to include the mobilization of public resources to meet the community’s needs in healing from the January 21st incident.

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

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

SUPPLEMENTAL – LOCAL EMERGENCY RESULTING FROM MASS
CASUALTY INCIDENT ON JANUARY 21, 2023

A supplemental staff report for Item 1- A. Based upon conversations with representatives at the County of Los Angeles Office of Emergency Management (“OEM”) on January 31, 2023, it is recommended that the City Council declare a new local emergency resulting from the Mass Casualty Incident on January 21, 2023. This is in lieu of extending the local emergency already in effect for the Winter Storms of 2023. Changes reflecting this recommendation were made to the draft resolution and executive order; they accomp any to the Supplemental Staff Report in redline format for easy reference.

71-XX
January 31, 2023
Discussion: The Supplemental Staff Report was presented to the City Council and made available to the public. Carol Bradford Worley, Chief Legal Officer of California Community Foundation (CCF), provided general information on the role of the Foundation and how funds will be received and distributed. City Attorney Berger stated that the Emergency Policies and Protocols (EP&P) can be changed administratively to add additional Oversight Board members.

Recommendation: (1) Adopting a Resolution extending a local emergency resulting from the Mass Murder on January 21, 2023 and authorizing the City Manager to execute an Executive Order directing the California Community Foundation to administer the distribution of donated funds; and (2) Take such additional, related action that may be desirable.

Action Taken: The City Council adopted Resolution No. 2023-R7 declaring a new local emergency regarding the Mass Murder on January 21, 2023 and authorized the City Manager to execute an Executive Order directing the Califor nia Community Foundation to administer the distribution of donated funds as presented in the Supplemental Staff Report as amended to include the City Manager with concurrence of the Mayor as Fund Administrators and recommended the following individuals to the oversight board: Judge Bryant Yang, Judge Ed Chau, Rick Eng, and Gay Yuen, but ultimately leaving the decision to California Community Foundation to seat the Oversight Board.

Motion: Moved by Mayor Pro Tem Wong and seconded by Mayor Sanchez motion carried by the following vote:

Ayes: Council Members: Lo, Ngo, Wong, Sanchez
Noes: Council Members: None

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

Resolution No. 2023-R7:

A RESOLUTION ADOPTED BY THE CITY COUNCIL DECLARING A LOCAL EMERGENCY RESULTING FROM THE MASS MURDER ON JANUARY 21, 2023

AND AUTHORIZING THE CITY MANAGER TO EXECUTE AN EXECUTIVE ORDER DATED JANUARY 31, 2023

1B. FISCAL YEAR 2022 ASSISTANCE TO FIREFIGHTERS GRANTS (AFG)

PROGRAM

The City of Monterey Park Fire Department received Notice of Funding Opportunity (NOFO) from Federal Emergency Management Agency (FEMA) regarding a formal invitation to submit a full application for consideration of AFG funds. If the City is offered a grant award, the total proposed budget request is $92,577.35, which includes a federal share request of $84,161.23 and a required applicant

71-XX
January 31, 2023
match of $8,416.12. The application Activity Title is Personal Protective Equipment: Air Compressor/Fill Station/Cascade System Replacement.

Staff seeks City Council consideration and approval of the City of Monterey Park’s AFG application. The application due date is February 10, 2023. When the grant award decision is made and if the grant award is received, staff will inform City Council.

Action Taken: The City Council (1) approved the Fiscal Year 2022 Assistance to Firefighters Grant (AFG) Program for consideration of AFG funding; (2) authorized the City’s Finance Department to allocate $8,416.12 from the City Budget to fund the required applicant match if the grant is awarded; (3) adopted Resolution No. 2023-R8 authorizing the City Manager or designee, to apply for, recei ve, and appropriate grant funds for the Fiscal Year 2022 Assistance to Firefighters Grant Program.

Motion: Moved by Council Member Lo and seconded by Council Member Ngo, motion carried by the following vote:

Ayes: Council Members: Lo, Ngo, Wong, Sanchez
Noes: Council Members: None

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

Resolution No. 2023-R8:

A RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO

APPLY FOR, RECEIVE, AND APPROPRIATE GRANT FUNDS FOR THE FISCAL YEAR 2022 ASSISTANCE TO FIREFIGHTERS GRANTS PROGRAM –
PERSONAL PROTECTIVE EQUIPMENT: AIR COMPRESSOR/FILL

STATION/CASCADE SYSTEM REPLACEMENT

CITY COMMUNICATIONS (CITY COUNCIL)

Council Member Lo noted that he went to the Lunar New Year celebration in the City of Alhambra, where Brandon Tsay was honored for his heroic action on January 21, 2023 . He also mentioned, while Mayor at the time, he contacted Deborah Penrose, Mayor of Halfmoon Bay City, to offer condolences on their city’s recent tragedy and to offer assistance, if needed. He spoke on gun violence and how it should be on a future agenda, in addition to how the community should recover.

Council Member Ngo spoke about the recent suffering the City and the community has experienced over the past ten days as we grieve, heal and move on. He reported that he attended the Lunar New Year Festival in Alhambra and the Golden Dragon Parade in Chinatown, Los Angeles. He expressed his gratitude to the city personnel and first responders for their help.

71-XX
January 31, 2023

Mayor Pro Tem Wong voiced his solidarity with the community in mourning the tragedy that took place and will continue to foster a sense of community by offering the resources and services it requires. He stressed the need of assisting neighborhood organizations and local businesses to demonstrate that it is safe to venture outside. In addition, he wanted to reiterate what Council Member Ngo said and that this act of hatred will not define us, and that resources are available to meet the community’s needs. He said that it is very encouraging to see the support of the community and for everyone to come together through this healing process.

He also asked Karl about the new law of SP-1339.

Mayor Sanchez mentioned that Brandon Tsay will be honored by Monterey Park at the upcoming City Council meeting and urges everyone to attend and show their support. He also thanked the local businesses, congregations, and towns that have organized vigils over the past ten days. He said that he frequently attends these vigils and that he would be open to any additional invitations from other organizations. He expressed his happiness that local cities were still celebrating Lunar New Year. According to him, it is crucial to continue the celebration in order to honor our community’s diversity and culture as well as to maintain normalcy. He thanked city staff and first responders for all their efforts. He also commended Council Member Lo for serving as the Mayor during this tragedy and echoed the same sentiments regarding the essential improvements in this nation’s gun laws.

ADJOURNMENT
There being no further business for consideration, the meeting was adjourned at 7:21 p.m.

____________
Maychelle Yee
City Clerk

71-XX

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

MINUTES

MONTEREY PARK CITY COUNCIL

FINANCING AUTHORITY (MPFA)

HOUSING AUTHORITY (MPHA)

GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD)

SUCCESSOR AGENCY (SA)

SPECIAL MEETING
FEBRUARY 15, 2023

The City Council, the Financing Authority (MPFA), the Housing Authority (MPHA), the Geologic Hazard Abatement District (GHAD), and the Successor Agency (SA) of the City of Monterey Park held a Special Meeting of the Council in Room 266, located at 320 West Newmark Avenue in the City of Monterey Par k, Wednesday, February 15, 2023 at 5:30 p.m.

CALL TO ORDER:

Mayor Sanchez called the meeting to order at 5:35 p.m.

ROLL CALL:

Mayor Sanchez called the roll:

Council Members Present: Henry Lo, Yvonne Yiu, Vinh Ngo, Thomas Wong, Jose Sanchez
Council Members Absent: None

ALSO PRESENT: City Attorney Karl Berger and Deputy City Clerk Cindy Trang

ORAL AND WRITTEN COMMUNICATIONS: None.

1. OPEN SESSION

1-A. CONSIDERATION AND POSSIBLE ACTION TO ADOPT A RESOLUTION TO

RECORD A NOTICE OF SPECIAL ASSESSMENT FOR NUISANCE
ABATEMENT AT 229 E. MARKLAND DRIVE (APN 5265-007-007)

Pursuant to Monterey Park Municipal Code ("MPMC") § 4.30.150, the City may recover abatement -related costs by recording a special assessment upon real property located at 229 E. Markland Drive. The City has incurred abatement - related costs totaling $124,715.14. A special assessment for abatement related costs was previously recorded in the amount of $ 52,510.03, leaving a balance of $72,205.11. The property owner is deceased and the heirs to the estate have been absent from the legal proceedings and excused by the Court, obviating the need to provide an opportunity to either remit payment to the City or contest the costs incurred. This Resolution seeks another special assessment on the

71-XX
February 15, 2023
Property for the balance of abatement costs incurred by the City in the amount of $72,205.11.

CEQA (California Environmental Quality Act)
Adoption of this Resolution is exempt from the California Environmental Qu ality Act (“CEQA”) under CEQA Guidelines § 15061(b)(3) because it can be seen with certainty that there is no possibility that the Resolution may have a significant effect on the environment.

Action Taken: The City Council adopted Resolution No. 2023-R9 to record a Notice of Special Assessment for Nuisance Abatement.

Motion: Moved by Mayor Pro Tem Wong and seconded by Council Member Ngo motion carried by the following vote:

Ayes: Council Members: Lo, Yiu, Ngo, Wong, Sanchez
Noes: Council Members: None

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

Resolution No. 2023-R9:

A RESOLUTION TO RECORD A NOTICE OF SPECIAL ASSESSMENT FOR NUISANCE ABATEMENT AT 229 E. MARKLAND DRIVE (APN 5265-007-007)

2. CLOSED SESSION
The City Council adjourned to Closed Session at 5:35 p.m.

2-A. CONFERENCE WITH CITY’S LABOR NEGOTIATOR (GOVERNMENT CODE §54957.6): 1 item

Employee
Organization:

City Manager (unrepresented)

City Designated
Representative:

City Attorney

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

The meeting was adjourned at 6:21 p.m.

Action Taken: No reportable action taken.

_______________
Maychelle Yee
City Clerk

71-XXX

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

MINUTES

MONTEREY PARK CITY COUNCIL

FINANCING AUTHORITY (MPFA)

HOUSING AUTHORITY (MPHA)

GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD)

SUCCESSOR AGENCY (SA)

REGULAR MEETING
FEBRUARY 15, 2023

The City Council, the Financing Authority (MPFA), the Housing Authority (MPHA), the Geologic Hazard Abatement District (GHAD), and the Successor Agency (SA) of the City of Monterey Park held a Regular Meeting of the Council in the Council Chamber, located at 320 West Newmark Avenue in the City of Monterey Park, Wednesday, February 15 , 2023 at 6:30 p.m.

CALL TO ORDER:

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

FLAG SALUTE:

The Monterey Park Police Explorers

ROLL CALL:

City Clerk Maychelle Yee called the roll:

Council Members Present: H enry Lo, Vinh Ngo, Jose Sanchez, Thomas Wong, Yvonne Yiu
Council Members Absent: None

ALSO PRESENT: City Attorney Karl Berger, City Manager Ron Bow, City Treasurer Amy Lee, Assistant City Manager Inez Alvarez, Police Chief Scott Wiese, Fire Chief Matt Hallock, City Librarian Diana Garcia, Director of Public Works Shawn Igoe, Director of Recreations and Community Services Robert Aguirre, Director of Finance Martha Garcia, Director of Human Resources Christine Tom ikawa, Interim Planning Director Jessica Serrano, Battal ion Chief Chris Thompson, Economic Development Manager Joseph Torres, Finance Manager Laura Borjon, Deputy City Clerk Cindy Trang

VIRTUALLY PRESENT: None.

AGENDA ADDITIONS, DELETIONS, CHANGES AND ADOPTIONS
City Manager Bow announced that the December 7, 2022, council meeting minutes on agenda Item No. 3A will be pulled. He requested moving Presentation items to be heard after Public Communications, and added an additional presentation from City Tr easurer Lee under Staff Communications.

71-XXX
February 15, 2023

PUBLIC COMMUNICATIONS

- Sharon Woo, Darrin Chung, Roselyn Chin, and Kaitlyn Wong, from Mark Keppel High School, Parent Teacher Student Association (PTSA) and Mark Keppel High School Alliance expressed their appreciation to the first responders for their bravery on the mass casualty that happened on January 21, 2023.

- Andrew Yam and Bobbi Bruesch, members of the Garvey School Board, presented certificates of recognition to the Fire Department, Police Department, and Brandon Tsay for their heroism during the senseless tragedy that impacted the community.

- Adam Ma, represent ing Karen Bass, City of Los Angeles Mayor, presented certificates to Brandon Tsay, City of Monterey Park, the Monterey Park Fire and Police Departments.

- Janet Yam, Jimmy Ngan, Jenny Chen, Jaycan Ngan, and Jolie Ngan, residents, wanted to say a heartfelt thank you to the first responders for their service i n protecting the city and businesses. Janet Yam conveyed her support for the library strategic plan.

- Jennifer Tang, spoke on behalf of Assemblymember Mike Fong, expressed her profound gratitude towards the first responders.

- Larry and Carol Sullivan and Katherine Torres members of the Lions Club, Women’s Club, and Library Foundation offered a heartfelt sympathy to the family and friends that lost a loved one from the recent tragedy. Larry Sullivan voiced his support of the Bruggemeyer Library’s five-year plan and supported the ordinance for public hearing Item No. 4-A. He announced that on May 30, 2023, Lion’s Club will be having their Annual Pancake Breakfast since the pandemic.

- Dennis Guttierrez, President of the Lamp Optimist C lub, expressed his sincere appreciation to the leaders and team members of the Monterey Park Fire and Police Departments.

- Jaime Rodriguez, resident, communicated his gratitude to all the first responders.

He spoke about how his own personal experience with the first responders and the continuous support he has for them.

- Elizabeth Yang, resident, thanked the first responders for their bravery on keeping families safe in the city. She also expressed her support on the Library Strategic Plan and support for Item No. 4A.

71-XXX
February 15, 2023
- Caleb Kwok and Isabelle Wu, representing the Kiwanis Club of Monterey Park, expressed their gratitude to first responders for the services they provide to the community. Mr. Kwok spoke about his experience with first responders. He also thanked Brandon Tsay for demonstrating what it is to be a good citizen.

- Charles Stapleton, Monterey Park Chamber of Commerce, shared his story of starting a neighborhood watch program. He spoke on the responsibilities they all share with the first responders. He also spoke on the courage of Brandon Tsay and thanked the City Council for supporting the first responders.

- Shirley Hwong, Chairwomen for the Monterey Park Community Participation Commission, shared her history living in this city since 1976 and the commissions she served on. She mentioned how she was grateful to all the first responders and Brandon Tsay’s for his bravery.

- Scott Hara, representing Troop 329 Boy Scouts of America ( BSA), mentioned how he heard about the tragic news and expressed how much of an inspiration first responders have had on his troop.

- Ja de Sandoval, Girl Scout Troop 5631 , thanked all the first responders for keeping the city safe. She spoke about the Girl Scout organization and how funds are collected from cookie sales and distributed.

- Armen Sebastian, resident, relinquished his time to Teresa Real Sebastian.

- Teresa Real Sebastian, resident, offered her deepest condolences to those that lost friends and family members on the tragic night of January 21 st. She thanked
the Monterey Park Police and Fire Department. She reminded the public that Monterey Park has an Emergency Operations Center that is ready for any catastrophic event. She also thanked Brandon Tsay for his courage and acting without hesitation.

- Sarkis Antonian, resident, thanked the first responders for all that they have done for the community. He spoke about the history of Star Dance Studio, and how it was featured on “Dancing with the Stars” television show.

STAFF COMMUNICATIONS

This item was heard after Agenda Item No. 1, Presentations.

- Library Services: City Librarian Garcia provided updates on the upcoming programs and events the library is offering for March. She mentioned the programs are Drop-in counseling to provide support following the tragic events, Herstory 2 Exhibition, Spanish Bilingual Storytime, VITA Tax Clinic, and Novel- Tea.

71-XXX
February 15, 2023
- Police Department : William Estrada, Animal Control Officer , gave a brief presentation of coyote awareness and how to keep your pets and yourself safe.

Police Sergeant Arlene Chaidez invited the residents to the Public Safety Town Hall Meeting on Thursday February 16, 2023 at 6:00 P.M. at George Elder Park Community Room. She spoke on the topics that will be discussed during the meeting.

- Public Works: Director of Public Works Igoe, gave an update on the Spirit Bus , GoMPK app, and the community Clean- up event that took place on Saturday February 25, 2023 at George Elder Park from 8:00 a.m. – 12:00 p.m.

- Recreation and Community Services Department: Director of Recreation and Community Service Aguirre mentioned that Langley Center will be offering a free flu and Covid-19 vaccine clinic on Thursday, February 16 from 11:00 a.m. -1:00 p.m. He gave an update on the Valentine’s Celebration, Tree Memorial application, Electric Park, and Spring Egg Hunt.

- City Treasurer Lee presented an update on ways to donate to the Community Healing Fund. She also mentioned that the oversight board is independent from the Community Healing Fund.

1. PR

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

This item was heard after Public Communications.

1-A. BRANDON TSAY RECOGNITION

- Mayor Sanchez gave a presentation recognizing Brandon Tsay. Mayor Sanchez along with the City Council presented Brandon Tsay with a plaque conveying the city’s appreciation and gratitude for his courage and bravery on the tragic night of January 21, 2023.

- Mayor Pro Tem Wong thanked the first responders on their call of duty to one of the darkest moments of Monterey Park. He thanked Brandon Tsay for providing the inspiration and aspires to have the same courage and bringing that example to the community.

- Councilmember Ngo said a short poem to Brandon Tsay.

- Councilmember Yiu thanks the first responders for all their sacrifices.

- Councilmember Lo spoke about how proud he is of all the first responders. He said he was moved when President Biden recognize Brandon Tsay at the State of the Union Address.

71-XXX
February 15, 2023
1-B. FIRST RESPONDERS RECOGNITION

The Monterey Park City Council provided plaques and showed their sincere appreciation to all the Monterey Park first responders on their bravery and courage during the tragic event the night of January 21,2023.

The first responders from the Monterey Police Department: Sergeant Silverman , Corporal Alvarez , Officer Alcaraz , Officer Cienfuegos, Officer Contreras, O fficer Corona, Officer Crabtree, Officer Pena, Dispatcher Escandon, Dispatcher Luo, and Dispatcher Reza

The first responders from the Monterey Park Fire Department: Battalion Chief Khail
, Captain/Paramedic Birrell, Captain Blake, Captain/Paramedic I enni, Captain/Paramedic Kelley, Engineer Calloway, Engineer Chang, Engineer Gomory, Engineer Padilla, Firefighter Andrews, Firefighter/Paramedic Ayala, Firefighter Garcia, Firefighter Hart, Firefighter/Paramedic Kilburn, Firefighter McGee, Firefighter/Paramedic Respicio, Firefighter Trejo, and Firefighter/Paramedic Weissenberger

2. O
LD BUSINESS - None.

3. CO
NSENT CALENDAR ITEMS NOS. 3A- 3H

Matters listed under consent calendar are considered to be routine, ongoing business and are enacted by one motion unless specified.

Action Taken: The City Council approved and adopted Agenda Item No. 3B, 3D, 3F, 3G, and 3H on consent calendar, excluding item No. 3A, 3C, & 3E which were pulled for discussion, separate motion, reading resolutions and ordinances by the title only and waiving further reading thereof.

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

Ayes: Council Members: Lo, Yiu, Ngo, Wong, Sanchez
Noes: Council Members: None

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

3-A. MINUTES

Approving the minutes from the special and regular meetings of December 7, 2022 and December 21, 2022.

71-XXX
February 15, 2023
Action Taken: The City Council approved the minutes from the special and regular meeting of December 21, 2022, as amended to excluded the approval of special and regular meeting of December 7, 2022 on Consent Calendar.

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

Ayes: Council Members: Lo, Yiu, Ngo, Wong, Sanchez
Noes: Council Members: None

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

3-B. MONTHLY INVESTMENTS REPORT – JANUARY 2023

As of January 31, 202 3 invested funds for the City of Monterey Park is $76,524,523.89.

Action Taken: The City Council received and filed the monthly investment report for January 2023 on Consent Calendar.

3-C. FIVE-YEAR BRUGGEMEYER LIBRARY STRATEGIC PLAN

The Bruggemeyer Library is presenting a five- year strategic planning document which contains a mission, vision, values, roles and goals, and strategic imperatives for the Library. This plan was adopted by the Library Board of Trustees at their January 2023 meeting.

Public Speakers:

- Rose Scobie, resident, voiced her support for the Library Strategic Plan.

- Jennifer Tang, President of the Monterey Park Bruggemeyer Library Board of Trustees, shared her experience being on the board and voiced her support for the Library Strategic Plan.

- Travis Kaya, Vice President of the Monterey Park Bruggemeyer Library Board of Trustees, spoke in support for the Library Strategic Plan.

- Andy Yam, Monterey Park Bruggemeyer Library Board of Trustees, expressed his support for the Library Strategic Plan.

- City Clerk Yee received, filed , and read into the record four written communications from, Tara Kwan, Marrissa Kwok, Evelina Fernandez, and Linda Tang who all conveyed their support and their values of the strategic plan for the Library.

71-XXX
February 15, 2023
Action Taken: The City Council received and filed the Bruggemeyer Library’s 5 Year Strategic Planning Document.

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

Ayes: Council Members: Lo, Yiu, Ngo, Wong, Sanchez
Noes: Council Members: None

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

3-D. CONTINUE TO EXTEND THE EXISTENCE OF AN EMPLOYMENT

EMERGENCY FOR THE CITY OF MONTEREY PARK

City Council adopted Resolution No. 2022-R49 at the City Council meeting on June 15, 2022, declaring an employment emergency and authorized the City Manager to take all practical actions needed to implement the efficient recruitment and retention of persons for employment.

Since the employment emergency was declared, the City has been able to fill 37 key vacancies. An ongoing challenge, however, is recruiting qualified candidat es to fill vital vacancies within the Water Division. The City’s treatment system for potable water requires high level State approved certifications. These certifications are difficult to obtain and therefore results in a reduced pool of qualified applicants.

The City is recruiting for Water Utility Manager, Water Production System Supervisor, Senior Water Production System Operator, and Engineering Assistant.

While the City continues to expand its recruitment efforts for these positions, the staffing needs must be met. Operational Technical Services is providing the needed expertise to the City; the proposed Task Order No. 3 will extend its services until the City can fill its vacancies. These are positions that are directly responding to the public and/or essential to the smooth operation of municipal services including, providing potable drinking water.

Relatedly, the City continues to recruit for a Communications Dispatcher, Public Works Inspector, and Police Captain. Since December 2022, the City appointed a Police Captain, Communications Dispatcher, two Police Recruits, and Planning Technician.

It is recommended that the City Council continue to extend the employment emergency as to personnel recruitment. This will continue to allow the City Manager to (1) accelerate the testing and interview process for new employees (all candidates would continue to undergo the City’s background process); (2) after conferring with affected bargaining units, consider changing the titles of employment positions to discard outmoded descriptions and updates such titles to contemporary titles; and (3) immediately commence the review, revision, and negotiation with bargaining units regarding desirable changes to the City’s

71-XXX
February 15, 2023
personnel rules. Among other things, the City Manager would be able to temporarily appoint qualified persons to positions in accordance with Monterey Park Municipal Code § 2.28.100 and contract for the services listed in MPMC §

2.28.190.

Action Taken: The City Council (1) received and filed this report, (2) authorized the City Manager to execute Task Order No. 3 with Operational Technical Services to augment Water Division staff needs, not to exceed $285,000, (3) and continued to extend the existence of an employment emergency for the City of Monterey Park and authorized the City Manager to take all practical actions needed to implement the efficient r ecruitment and retention of persons for employment on consent calendar.

3-E. AWARDS OF CONTRACT TO RINCON CONSULTANTS INC., TO PROVIDE

CONSULTING SERVICES RELATED TO THE IMPLEMENTATION OF THE 2021-2029 HOUSING ELEMENT, INCLUDING MONTEREY PARK MUNICIPAL CODE AMENDMENTS AND TECHNICAL STUDIES RELATED TO THE CITY’S

SUSTAINABILITY PLAN

The City of Monterey Park adopted the 2021- 2029 Housing Element (“Housing Element”) on January 19, 2022 and adopted an amendment to the Housing Element on November 16, 2022. Staff is currently working with the State’s Housing and Community Development Department (HCD) to certify the Housing Element.

As part of the adoption of the latest Housing Element, a set of programs were adopted for the City to implement during the 8-year course of the Housing Element cycle to achieve specified housing goals, including the creation of diverse types housing at various affordability levels throughout the City. In order to implement the programs indicated in the Housing Element, staff is seeking professional services from Rincon.

Additionally, the City Council identified climate change as a Strategic Plan priority in 2021 and 2022. To implement the City Council’s direction, the City began efforts to develop a sustainability plan known as the Monterey Park Going Green Program and requires technical assistance in analyzing data related to greenhouse gas emissions and other quantifiable data to help develop forecasts to shape and monitor programs that will be recommended as part of the City’s overall sustainability efforts.

Action Taken: The City Council authorized the City Manager to execute an agreement in a form approved by the City Attorney, with Rincon Consultants (“Rincon”), Inc. in an amount not to exceed $301,562.50 ; and authorized budget appropriated of $70,000 from the American Rescue Plan Act (“ARPA”) Funds for the 2022-2023 fiscal year.

71-XXX
February 15, 2023
Motion: Moved by Mayor Pro Tem Wong and seconded by Council Member Lo, motion carried by the following vote:

Ayes: Council Members: Lo, Yiu, Ngo, Wong, Sanchez
Noes: Council Members: None

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

3-F. A CCEPT AN IN -KIND DONATION OF CHOCOLATE FROM SEE’S CANDIES WITH A RETAIL VALUE OF $56,992 ON BEHALF OF THE CITY OF

MONTEREY PARK

Pursuant to Resolution No. 11776, the City Council may accept donations with a value estimated at $25,000 or greater (Attachment 1 to the staff report). Therefore, it is requested that the City Council accept an in- kind donation of chocolate from See’s Candies.

Action Taken: The City Council accepted an in-kind donation of chocolates from See’s Candies with a retail value of $56,992 on behalf of the City of Monterey Park on consent calendar.

3-G. RECEIVE AND FILE STAFF REPORT SUMMARIZING THE STATUS OF

EMERGENCY REPAIRS OF THE MONTEREY PASS ROAD WATER LINE

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 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.

Action Taken: The City Council received and filed the staff report s ummarizing the status of emergency repairs of the Monterey Pass Road water line, and adopted Resolution No. 2023-R10 amended Resolution No. 2022-R32 to add the Monterey Pass Road Emergency Water Main Improvements as Project No. 99025 on consent calendar.

Resolution No. 2023-R10
A RESOLUTION AMENDING RESOLUTION NO. 2022 -R32 TO ADD THE

MONTEREY PASS ROAD EMERGENCY WATER MAIN IMPROVEMENTS AS PROJECT NO. 99025 TO THE CAPITAL IMPROVEMENT PLAN (“CIP”) AND

FINDING SUCH AMENDMENT CONFORMS WITH THE GENERAL PLAN

71-XXX
February 15, 2023
3-H. EMERGENCY REPAIR OF WATER MAIN ON LA MERCED ROAD - ADOPT A

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC WORKS CONTRACT WITH W.A. RASIC WITHOUT THE NEED FOR

COMPETITIVE BIDDING TO COMPLETE EMERGENCY WATER MAIN

REPAIRS

On December 13, 2022, Public Works staff responded to a water main break on La Merced Road in the City of Rosemead. Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a Public Works contract with W.A. Rasic Construction Company, Inc. for the main line repair work without the need for competitive bidding. The contract will be for an amount not to exceed $75,000.

CEQA (California Environmental Quality Act)
Since the proposed work is a minor alteration to an existing public faci lity, this project is Class 1 Categorically Exempt pursuant to the California Environmental Quality Act (CEQA).

Action Taken: The City Council adopted Resolution No. 2023-R 11 and authorized the City Manager to execute a Public Works contract with W.A Rasic Construction Company, Inc., in the amount of $75,000, without the need for competitive bidding to complete emergency repairs of the water main on La Merced Road; and appropriated $75,000 from the Water Operation Fund for the cost of the repair work on consent calendar.

Resolution No. 2023-R11

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
STANDARD PUBLIC WORKS AGREEMENT WITH W.A. RASIC
CONSTRUCTION COMPANY, INC. WITHOUT THE NEED FOR COMPETITIVE

BIDDING FOR THE EMERGENCY REPAIR OF THE WATER MAIN AT LA

MERCED ROAD

4. PUBLIC HEARING

4-A. A CONTINUED PUBLIC HEARING TO CONSIDER INTRODUCTION AND FIRST READING OF AN ORDINANCE (ZONING CODE AMENDMENT NO. 22 - 03) AMENDING TITLE 21 OF THE MONTEREY PARK MUNICIPAL CODE TO CLARIFY AND COMPLETE IMPLEMENTATION OF THE 2020 MONTEREY

PARK BUSINESS RECOVERY PROGRAM GOVERNING OUTDOOR DINING,

ALLOWABLE USES WITHIN THE CENTRAL BUSINESS (C- B) ZONING

DISTRICT AND ISSUING CERTIFICATES OF OCCUPANCY

Outdoor temporary event permit regulations were first adopted on July 15, 2020, as part of the 2020 Monterey Park Business Recovery Program (the “Program”).

The Outdoor temporary event permit regulations remain valid until May 31, 2023.

71-XXX
February 15, 2023
Staff prepared an Ordinance to adopt permanent regulations to enable outdoor dining uses to operate in commercial zones, subject to certain requirements.

Among other things, the Ordinance would expand allowable uses in the C-B zoning district; and clarify the Building Official’s authority to issue Certificates of Occupancy.

CEQA (California Environmental Quality Act):

Adopting this Ordinance is exempt from further environmental review because it establishes rules and procedures for operation of existing facilities; min or temporary use of land; minor alterations in land use; new construction of small structures; and minor structures accessory to existing commercial facilities. The Ordinance, therefore, is categorically exempt from further CEQA review under CEQA Guidelines §§ 15301; 15303, 15304(e); 15305; and 15311. Further, adopting the ordinance is also exempt from review under CEQA pursuant to CEQA Guidelines § 15061(b)(3) because the ordinance is for general policies and procedure-making. It can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment. Individual projects utilizing these regulations will each be separately subject to an environmental assessment. Finally, this Ordinance is exempt from further review pursuant to CEQA Guidelines § 15269(a) because the protection of public and private property is necessary to maintain service essential to the public, health and welfare.

Public Speakers:

- City Clerk Yee received, filed, and read into the record five written communications from Gregory Moss, Christine Lam, Karen Sam, Chuck Sam, and Joe Buonya who expressed their support for a ban on office space use on the ground floor level. City Clerk Yee also received four written communications which were received untimely from Cindy Yee, Tammy Sam, Carolina Zezatte, and Weihua Cheng who all voiced their support of the ban of office space use on the ground floor.

- Dora Leung, Greater Monterey Park Chamber of Commerce, spoke in favor of the proposal to allow both retail and office use on the ground floor.

- Sherry Cha relinquished her time to Tammy Sam.

- Lisa Yee, relinquished her time to Tammy Sam.

- Sarkis Antonian relinquished his time to Tammy Sam.

- Tammy Sam, Planning Commission Chair, stated that she is speaking for herself, and not as a Planning Commissioner. She communicated that there was an error on the February 15, 2023, City Council a genda. She said that the P lanning Commission voted 3- 1 to recommend O ffice Use on the ground floor of the

71-XXX
February 15, 2023
Commercial Business District, not 4 -0. She expressed her concern in adding office use on the ground floor.

- Maychelle Yee, resident, voiced her concern on the transparency of the st aff report and stated that it was difficult to understand. In addition, she mentioned that there are concerns from both sides and asked the City Council to hold off on making a decision and instead come up with other options.

Action Taken: The City Council opened the continued public hearing at 9:54 p.m. to take testimonial and documentary evidence; after closing the public hearing at 10:09 p.m. and consider ing the evidence submitted during that public hearing, introduced and waive first reading of an Ordinance amending Title 21 of the Monterey Park Municipal Code to clarify and complete implementation of the 2020 Monterey Park Business Recovery Program governed Outdoor Dining, allowable uses within the Central Business (C -B) zoning District, and issued certificates of occupancy, as amended to adopt a revised ordinance, that was distributed to the City Council and made available to the public, which removed all language referencing the allowable uses within the central business (C-B) zoning district and issuance of a certificates of occupancy.

Motion: Moved by Mayor Pro Tem Wong and seconded by Councilmember Ngo, motion carried by the following vote:

Ayes: Council Members: Lo, Yiu, Ngo, Wong, Sanchez
Noes: Council Members: None

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

Ordinance 1
st Reading, entitled:

AN OMNIBUS ORDINANCE AMENDING TITLE 21 OF THE MONTEREY PARK

MUNICIPAL CODE TO CLARIFY AND COMPLETE IMPLEMENTATION OF THE 2020 MONTEREY PARK BUSINESS RECOVERY PROGRAM GOVERNING

OUTDOOR DINING

4-B. PUBLIC HEARING AND APPROVAL OF THE SUBSTANTIAL AMENDMENT TO THE 2021- 2022 HUD ANNUAL ACTION PLAN TO RECEIVE AND

ADMINISTER THE HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) - AMERICAN RESCUE PLAN (ARP) PROGRAM

The U.S. Department of Housing and Urban Development provides funding to states, counties and cities in the form of Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) funds.

In 2021, the American Rescue Plan Act was enacted by Congress. The American Rescue Plan (ARP) provides funds to assist individuals or households who are homeless, at risk of homelessness, and other vulnerable populations, by providing

71-XXX
February 15, 2023
housing, rental assistance, supportive services, and non- congregate shelter, to reduce homelessness and increase housing stability across the country. These grant funds will be administered through HUD's HOME Investment Partnerships Program (HOME-ARP). Since the City of Monterey Park is an Entitlement City, the City is eligible to receive HOME-ARP funds.

Before Monterey Park can receive these funds, the City must develop a HOME - ARP Allocation Plan that meets the requirements in the HOME-ARP Notice.

To receive its HOME-ARP allocation, the City of Monterey Park must:

• Engage in consultation with at least the required organizations; • Provide for public participation including a 15- day public comment period and one public hearing, at a minimum; and
• Develop a plan that meets the requirements in the HOME-ARP Notice.

Action Taken: The City Council (1) opened the public hearing at 10:32 p.m., receiving no documentary or testimonial evidence; (2) closed the public hearing at 10:34 p.m. and approved the Substantial Amendment to the 2021- 2022 One-year Action Plan (Action Plan) to include the HOME-ARP Program (“HOME-ARP”); (3) directed staff to prepare and transmit the final documents to the U.S . Department of Housing and Urban Development (“HUD”); and (4) authorized the City Manager, or his designee, to take all actions necessary or desirable to implement the HOME- ARP Programs, and Subrecipient Agreements.

Motion: Moved by Councilmember Lo and seconded by Mayor Pro Tem Wong, motion carried by the following vote:

Ayes: Council Members: Lo, Yiu, Ngo, Wong, Sanchez
Noes: Council Members: None

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

5. NEW BUSINESS – None.

6. CITY COMMUNICATIONS (CITY COUNCIL)

Councilmember Lo said he attended and shared his experience representing Monterey Park at the State of the Union in Washington D.C on February 7, 2023.

He announced his attendance at a reception hosted by Congresswoman Judy Chu, who also serves as the Chair of the Caucus for Asian Pacific Americans.

Councilmember Yiu shared her 10-day trip to Egypt.

Councilmember Ngo expressed his excitement listening to Councilmember Lo’s stories from Washington D.C and representing Monterey Park. He spoke upon

71-XXX
February 15, 2023
three words: Grieve, Heal, and Recover. He thanked Nichol Whitmen, CEO of the Los Angeles Dodger’s Foundation, for paying respect to the fallen victims. He spoke on gathering of hope and prayers and emphasized that Monterey Park will recover from this tragedy.

Mayor Pro Tem Wong thanked Councilmember Lo for representing the city on his trip to Washington DC. He requested placing an i tem on a future council agenda or special session to discuss what the city could do to prevent this type of violence from occurring and steps needed to recovery and heal. He mentioned that constitutional a mendments w ere introduced in legislature to formally repeal Proposition 8 in California and inquired if staff could prepare a resolution to support ACA 5 for City C ouncil’s consideration at a future meeting. He said he attended the League of California Cities N ew Mayors and Council Members Academy in Universal City and found it to be informative and helpful as a new councilmember.

Mayor Pro Sanchez spoke on his meeting with John Tien, Deputy Secretary for the Department of Homeland Security. He announced that he attended other city’s Lunar New Year celebrations. He also reported that he attended a lunch meeting with the Anti-Defamation League who provided numerous resources and teaching on how to deal mass shooting in various situations. He stated his attendance at the Greater Monterey Park Chamber of Com merce’s Lunar New Year ev ent that honored a f ellow e ducator, Ten Tran, a Mark Keppel Teacher who has been teaching in the community for over 27 years. He mentioned that the 7/20 Memorial Foundation donated a wreath made with paper cranes that contained messages, including letters from similar organizations on mass shootings. He also requested that a gun control resolution be presented to Council at a future meeting in response to the mass shooting that occurred in the Monterey Park community.

7. FUTURE AGENDA ITEMS – None.

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

ADJOURNMENT
There being no further business for consideration, the meeting was adjourned at 10 :58 p.m.

__________________________
Maychelle Yee
City Clerk

City Council Staff Report
DATE: March 15, 2023
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Amy Lee, City Treasurer
SUBJECT: Monthly Investment Report – February 2023
RECOMMENDATION:

It is recommended that the City Council consider:

1. Receiving and filing the monthly investment report; and

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

EXECUTIVE SUMMARY:

As of February 28, 2023 invested funds for the City of Monterey Park is $76,629,652.39 BACKGROUND:

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

Respectfully submitted by: Prepared by:

Amy Lee
City Treasurer
Martha Garcia
Finance Director
Approved by:

Ron Bow
City Manager
ATTACHMENT:

1. Monthly Investment Report
Consent Calendar - 3B

Staff Report
March 15, 2023

ATTACHMENT 1
Monthly Investment Report

INVESTMENTS PORTFOLIO PROFILE:

TOTAL BALANCE AT 02/28/2023 76,629,652.39$

INVESTMENT COMPOSITION
(1) LA COUNTY POOLED INVESTMENT FUND ON DEMAND 3.150% 43,301,144.37$ (See Schedule A for LA County Pool Composition)
(2) LOCAL AGENCY INVESTMENT FUND ON DEMAND 2.425% 26,218,508.02$ Purchase Maturity Interest
(3) CERTIFICATES OF DEPOSIT Date Date Rate
1 PREFERRED BANK 09/03/22 09/03/23 2.51% 100,000
2 PREFERRED BANK 09/08/22 09/08/23 2.67% 150,000
3 SALLIE MAE BANK 08/11/21 08/12/24 0.70% 245,000
4 TOYOTA FINANCIAL SAVINGS BANK 09/16/21 09/16/24 0.65% 245,000 5 SYNCHRONY BANK 09/17/21 09/17/24 0.65% 245,000
6 UBS BANK USA 09/22/21 09/23/24 0.65% 245,000
7 STATE BANK OF INDIA 10/18/21 10/18/24 0.70% 245,000
8 MEDALLION BANK UTAH 01/28/22 01/28/25 1.25% 245,000
9 PENTAGON FEDERAL UNION 01/31/22 01/31/25 1.25% 245,000 10 BEAL BANK 02/02/22 01/29/25 1.15% 245,000
11 VALLIANCE BANK 03/18/22 03/18/25 1.40% 245,000
12 STATE BANK OF TEXAS 03/25/22 03/25/25 1.45% 245,000 13 FIRST FED SAVINGS & LOAN 03/30/22 03/31/25 2.00% 245,000 14 LAFAYETTE FEDERAL CREDIT UNION 03/30/22 03/31/25 2.20% 245,000 15 ALLY BANK 03/31/22 03/28/24 1.95% 245,000
16 COMENITY CAPITAL BANK 04/14/22 04/14/25 2.55% 245,000 17 AMERICU CREDIT UNION 04/21/22 04/21/25 2.30% 245,000 18 BALBOA THRIFT & LOAN 04/29/22 04/29/25 2.00% 245,000 19 CONNEXUS CREDIT UNION 05/26/22 05/28/24 2.65% 245,000 20 METRO CREDIT UNION 07/13/22 07/12/24 3.20% 245,000
21 FIRST TECHNOLOGY CREDIT UNION 08/05/22 08/05/24 3.25% 245,000 22 AUSTIN TELCO FEDERAL CREDIT UNION 12/16/22 12/16/24 5.00% 245,000 23 GREENWOOD MUNICIPAL FED CREDIT UNION 01/27/23 01/27/25 4.80% 245,000 24 RAIZ CREDIT UNION 01/27/23 01/27/25 4.75% 245,000
25 WORKERS 01/27/23 01/27/25 4.70% 245,000
26 MANUF & TRADERS TRUST CO 01/31/23 01/31/26 4.25% 245,000 27 ALPINE BANK 01/31/23 01/31/25 4.55% 245,000
28 TECHNOLOGY FCU 02/10/23 02/24/25 5.00% 245,000
29 RED CROWN FCU 02/14/23 02/21/25 4.85% 245,000
30 UFIRST FEDERAL CREDIT UNION 02/15/23 02/25/25 4.85% 245,000 31 SEA COMM FEDERAL CREDIT UNION 02/23/23 03/03/25 4.90% 245,000 Total CDs (31) 2.826% 7,355,000.00$
OTHER INFORMATION:

BANK BALANCE: (1)
19,901,676.33$
AVERAGE MATURITY DAYS 58
AVERAGE INTEREST RATE FOR THE MONTH 2.820%

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

INTEREST EARNINGS FOR 2nd QTR 2022-2023 528,767.96$
THERE HAVE BEEN NO VARIANCES TO THE INVESTMENT POLICY.
(1) Bank balance is maintained to cover outstanding warrants, payroll checks and on-going operating costs.

CITY OF MONTEREY PARK

INVESTMENT REPORT
FEBRUARY 28, 2023

Pooled Specific
Surplus Purpose
PORTFOLIO PROFILE Investments Investments
Inventory Balance at 12/31/22
At Cost 53,243,534,348$ 305,713,302$
At Market 50,512,279,305$ 281,853,624$
Repurchase Agreements -$ -$ Reverse Repurchase Agreements -$ -$ Composition by Security Type:

Certificates of Deposit 3.38% 0.00%
United States Government
and Agency Obligations 71.89% 85.85%
Bankers Acceptances 0.00% 0.00%
Commercial Paper 24.65% 0.00%
Municipal Obligations 0.06% 0.81%
Corporate and Deposit Notes 0.02% 0.00%
Repurchase Agreements 0.00% 0.00%
Asset-Backed 0.00% 0.00%
Other 0.00% 13.34%
1-60 days 33.28% 13.34%
61 days-1 year 30.16% 1.68%
Over 1 year 36.56% 84.98%
Weighted Average Days to Maturity 790

POOLED SURPLUS AND SPECIFIC PURPOSE INVESTMENTS
AS OF DECEMBER 31, 2022

SCHEDULE A

City Council Staff Report
DATE: Ma
rch 15, 2023
AGENDA ITEM NO:

TO: Honor
able Mayor and City Council
FROM: Justin A. Tamayo, Deputy City Attorney
SUBJECT: Consideration and possible action to adopt a R esolution to record a Notice of Nuisance Abatement Lien against certain real property in the City (APN 5254-002-031)
RECOM
MENDATION:

It i
s recommended that the City Council:

1. Adopt a resolution to record a Notice of Nuisance Abatement Lien; and/or

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

CEQA
(California Environmental Quality Act):

Adopt
ion of the Resolution is exempt from the California Environmental Quality Act (“CEQA”) under CEQA Guidelines § 15061(b)(3) because it can be seen with certainty that there is no possibility that the action proposed by the proposed resolution would have a significant effect on the environment.

EXECUT
IVE SUMMARY:

Adopt
ing the attached resolution will allow the City to recover costs, including attorney’s fees, incurred the City’s abatement of the public nuisance present on certain real property located in the City (Lot 1 of Tract No. 34875—APN 5254-002-031) (the “Property”) owned by Center Int’l I nvestments, Inc. (“CII”). The Resolution authorizes recording the associated Notice of Nuisance Abatement Lien in the amount of $2,012,197.41. This will be the fourth lien placed on the Property and covers expenses that the City incurred between October 1, 2022, and December 31, 2022. After recording this lien, the liens against the Property will total $10,321,660.21.

BACKGROUND A
ND DISCUSSION:

As t
he Council is aware, the City is abating the public nuisance on the Property in accordance with the Settlement Agreement voluntarily entered into by CII in the civil case captioned The People of the State of California, ex rel., Mark D. Hensley, City Attorney for the City of Monterey Park v. Center Int’l Investments, Inc. , et al. which was filed on December 31, 2015 (LASC Case No. BC605788).

Consent Calendar - 3C

Staff Report

March 15, 2023
On May 4, 2022, and August 1, 2022, the City authorized liens against the Property for nuisance abatement cost recovery. On January 31, 2023, Management Services Director Martha Garcia sent correspondence (Resolution Exhibit A) demanding CII’s payment of $2,012,197.41 to the City in abatement costs for Quarter 4 of 2022. This is in addition to liens already placed on the Property totaling $8,309,462.80. The City has not received any payments from CII. After recording this lien, the liens against the Property will total $10,321,660.21.

Pursuant to MPMC § 4.30.150 and Government Code § 38773.1, the City may recover its nuisance abatement costs by recording a lien against a subject property. The attached Resolution authorizes the City to record a Notice of Nuisance Abatement Lien against the Property. Under California law and upon recordation, the notice would constitute a lien against the Property with the force, effect, and priority of a judgment lien. The City can foreclose against the lien through an action for a money judgment. CII previously agreed to waive its notice and hearing rights in § 7 of the First Amendment to the Settlement Agreement.

FISCAL IMPACT:

The attached Resolution will allow the City to impose a lien on the Property in the amount of $2,012,197.41. This is one of several notices that will be continuing being brought to the City Council for consideration.

Respectfully submitted by:
____________________________
Justin A. Tamayo,
Deputy City Attorney
Approved by:

Karl H. Berger,
City Attorney
Attachment:

1. Resolution with exhibits

Staff Report
March 15, 2023

ATTACHMENT 1
Draft Resolution with exhibits

RESOLUTION NO.

A RESOLUTION AUTHORIZING THE RECORDATION OF A NUISANCE

ABATEMENT LIEN AGAINST CERTAIN REAL PROPERTY LOCATED
IN THE CITY (APN 5254-002-031).

The City Council does resolve as follows:

SECTION 1: T he City Council finds and declares as follows:

A. Center Int’l Investments, Inc. (“CII”) is the record owner of the real property described as Lot 1 of Tract No. 34875, in the City of Monterey Park, County of Los Angeles, State of California, as per map recorded in Book 932, Pages 16-18 of maps, in the office of the county Recorder of said county, and more commonly known as Los Angeles County assessor’s parcel number 5254- 002-031 (the “Property”), which is located in the City of Monterey Park (the “City”).

B. Despite years of City efforts to cause CII to remediate the dangerous hillside slope conditions on the Property, CII failed to make the Property safe despite its promise to do so via settlement agreement with the City and the People of the State of California (the “Settlement Agreement”) in the civil case captioned The People of the State of California, ex rel., Mark D.

Hensley, City Attorney for the City of Monterey Park v. Center Int’l Investments, Inc., et al. that was filed December 31, 2015 (LASC Case No.

BC605788).

C. The Settlement Agreement authorizes the City, on behalf of the People, to enter the Property, without additional CII consent, to remediate the Property’s nuisance conditions upon CII’s failure to timely develop the Property and abate the nuisance, at CII’s sole cost (Settlement Agreement § 2.A.vii, first amendment; § 2.b.5, second amendment).

D. Pursuant to Resolution Nos. (collectively, the “Emergency Resolutions”) 12255 (adopted June 16, 2021), Resolution No. 2022- R22 (adopted April 20, 2022), 2022- R34 (adopted May 18, 2022), Resolution No. 2022- R63 (adopted August 1, 2022), Resolution No. 2022-R101 (adopted December 21, 2022), and by minute order on March 1, 2023 the City is exercising emergency powers to abate a public nuisance on the Property in accordance with the Settlement Agreement in the civil case referenced in paragraph B, above. This abatement is identified as the Goodviews Abatement Project (“GAP”).

E. Due to CII’s ongoing failure to reimburse the City for costs incurred as a result of the GAP, as required under the Settlement Agreement, Management Services Director Martha Garcia sent correspondence dated

Resolution No.

January 31, 2023, demanding CII’s payment of $2,012,197.41 for the time period between October 1, 2022, and December 31, 2022, establishing a total of $ 10,321,660.21 in GAP costs owed to the City by CII. A true and correct copy of that correspondence is attached as Exhibit “A ,” and incorporated by reference.

F. Pursuant to Monterey Park Municipal Code (“MPMC”) § 4.30.150 and Government Code § 38773.1, the City may recover its nuisance abatement costs by recording a lien against a subject property.

G. The City Council approves the recordation of a lien against the P roperty through the Notice of Nuisance Abatement (“Notice”) attached as Exhibit “B,” and incorporated by reference. Aft er recording this lien, the liens against the Property will total $10,321,660.21.

H. CII agreed to waive its notice and hearing rights in § 7 of the first amendment to the Settlement Agreement

SECTION 2:

Approval; Direction.

A. The City Council approves the Notice and finds that it is true and correct.

B. The City Council directs the City Clerk to submit the Notice with the Los Angeles County Recorder for recordation, pursuant to Government Code § 38773.1(c) and MPPC § 4.30.150(c).

SECTION 4: S
everability. If any part fo this Resolution or its appliction is deemed invalid by a court of competent jurisdiction, the City Council intendds 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 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
: Recordation. The Mayor, or presiding officer, is authorized to sign this Resolution signifying its adoption by the City Council of the City of Monterey Park and the City Clerk, or her duly appointed deputy, may attest thereto.

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

PASSED
AND ADOPTED this 15th day of March, 2023.

Resolution No.

________________________________
Jose Sanchez, Mayor
ATTEST:
____________________________
Maychelle Yee, City Clerk
APPROVED AS TO FORM:

KARL H. BERGER, City Attorney
____________________________
Justin A. Tamayo, Deputy City Attorney
Attachments:

Exhibit A: January 31, 2023, Demand letter for City GAP costs Exhibit B: Notice of Nuisance Abatement Lien

Resolution No.

EXHIBIT “A”
JANUARY 31, 2023 DEMAND LETTER FOR

CITY GAP COSTS

Pride in the Past • Faith in the Future

CITY OF MONTEREY PARK

320 West Newmark Avenue • Monterey Park • California 91754-2896 www.montereypark.ca.gov

January 31, 2023

City Council
Henry Lo
Vinh Ngo
Jose Sanchez
Thomas Wong
Yvonne Yiu

City Clerk
Maychelle Yee

City Treasurer
Amy Lee
Center Int’l Investments
501 W. Garvey Ave. #207
Monterey Park, CA 91754
Attn: Karrie On

Re: NOTICE OF ABATEMENT COSTS
Property: Lot 1 of Tract No. 34875 (APN 5254-002-031)

To Whom It May Concern:

This letter is a follow-up to the City of Monterey Park’s letters dated February 16, 2022, April 1, 2022, July 1, 2022 , and September 30, 2022, regarding the nuisance abatement action affecting 1688 West Garvey Avenue , Monterey Park, CA (Lot 1 of Tract No. 34875 —APN 5254-002-031) (the “Property”). The underlying public nuisance is identified in the civil case captioned The People of the State of California, ex rel., Mark D. Hensley, City Attorney for the City of Monterey Park v. Center Int’l Investments, Inc., et al. that was filed December 31, 2015 (LASC Case No. BC605788).

The nuisance abatement activity, identified as the “Goodviews Abatement Project” or “GAP,” is being undertaken in accordance with the Settlement Agreement, as amended, executed by Center Int’l Investments, Inc. (“CII”).

Per the February 16, 2022 letter, abatement costs associated with the GAP will be recovered on a quarterly basis from CII. This is the fourth Notice for the time period between October 1, 2022 and December 31, 2022.

Attached to this Notice are the City’s abatement costs that were incurred by the City relating to the enforcement action against the Property. These abatement costs are imposed pursuant to Monterey Park Municipal Code (“MPMC”) Chapter 4.30. Please remit payment to the City within 30 days from the date of this letter.

This is a demand for payment in the amount of $ 2,012,197.41. This is in addition to the previously demanded $8,355,236.16 which remains unpaid and is accruing interest at 10 - percent per annum. Payment must be made not later than March 02, 2023. Failure to pay by that date will cause the City to charge interest at the statutory rate on this outstanding amount

GAP Invoice
January 31, 2023

(along with the unpaid amount). Additionally, the City will take action to collect its abatement costs in any manner allowed by law, including collection by special assessment or nuisance abatement lien (see MPMC § 4.30.150)

Be advised that CII waived all due process rights in this matter including, without limitation, appeals rights set forth in Monterey Park Municipal Code (“MPMC”) § 4.30.140. CII, therefore, waived any right to contest the notice of abatement costs. Consequently, this interim notice of abatement costs is final and binding for the time period stated above . This is not the total cost of the GAP; the City continues to incur costs on a daily basis.

Thank you for your prompt attention to this matter.

Sincerely,

Martha Garcia
Finance Director

C: Ron Bow, City Manager
Karl H. Berger, City Attorney
Alfred Fraijo Jr., Esq. @
Sheppard Mullin Richter & Hampton, LLP
333 South Hope Street
Los Angeles, CA 90071

Agent for Service of Process:

Willis Do
1648 Puente Avenue
Baldwin Park, CA 91706

Process/
Invoice
Date Reference Project# Invoice# CR & CK# Amount
Payments/
Reversal Balance
11/15/22 Burke, Williams & Sorensen 64004 293014 CK110592 (3,230.00) (3,230.00) (3,230.00) 11/15/22 Burke, Williams & Sorensen 64004 291551 CK110691 (3,022.50) (3,022.50) (6,252.50) 11/30/22 Burke, Williams & Sorensen 64004 3581 CK110637 (579,163.51) (579,163.51) (585,416.01) 09/30/22 C.A. Rasmussen Inc. 64004 3494 CK109860 (633,001.53) (633,001.53) (1,218,417.54) 10/31/22 C.A. Rasmussen Inc. 64004 3543 CK110322 (339,683.44) (339,683.44) (1,558,100.98) 12/30/22 City Expenses - Finance (523.56) (523.56) (1,558,624.54) 11/02/22 City Expenses - Legal Fees 64004 11048 CK110363 (1,645.00) (1,645.00) (1,560,269.54) 11/02/22 City Expenses - Legal Fees 64004 11048 CK110363 (11,760.00) (11,760.00) (1,572,029.54) 11/02/22 City Expenses - Legal Fees 64004 11048 CK110363 (2,660.00) (2,660.00) (1,574,689.54) 11/02/22 City Expenses - Legal Fees 64004 11048 CK110363 (7,560.00) (7,560.00) (1,582,249.54) 11/02/22 City Expenses - Legal Fees 64004 11048 CK110363 (2,520.00) (2,520.00) (1,584,769.54) 12/01/22 City Expenses - Legal Fees 64004 11061 CK110475 (2,930.84) (2,930.84) (1,587,700.38) 12/01/22 City Expenses - Legal Fees 64004 11061 CK110475 (173.50) (173.50) (1,587,873.88) 12/01/22 City Expenses - Legal Fees 64004 11061 CK110475 (70.00) (70.00) (1,587,943.88) 12/01/22 City Expenses - Legal Fees 64004 11061 CK110475 (1,440.00) (1,440.00) (1,589,383.88) 12/01/22 City Expenses - Legal Fees 64004 Pending (665.00) (665.00) (1,590,048.88) 12/30/22 City Expenses - Legal Fees 64004 Pending (10,721.50) (10,721.50) (1,600,770.38) 12/30/22 City Expenses - Legal Fees 64004 Pending (175.00) (175.00) (1,600,945.38) 12/30/22 City Expenses - Legal Fees 64004 Pending (1,960.00) (1,960.00) (1,602,905.38) 12/30/22 City Expenses - Legal Fees 64004 Pending (1,890.00) (1,890.00) (1,604,795.38) 12/02/22 Development Review / Phoenix Civil Engineering73008 22280 CK110602 (3,062.50) (3,062.50) (1,607,857.88) 10/20/22 Development Review / Phoenix Civil Engineering73008 22253 CK110832 (2,695.00) (2,695.00) (1,610,552.88) 11/30/22 Development Review / Phoenix Civil Engineering73008 22321 CK110832 (2,450.00) (2,450.00) (1,613,002.88) 10/17/22 Geosyntec Consultants, Inc. 64004 21488437 CK109896 (3,316.40) (3,316.40) (1,616,319.28) 10/17/22 Geosyntec Consultants, Inc. 64004 21488436 CK109896 (86,538.04) (86,538.04) (1,702,857.32) 11/15/22 Geosyntec Consultants, Inc. 64004 21491536 CK110360 (63,692.20) (63,692.20) (1,766,549.52) 11/15/22 Geosyntec Consultants, Inc. 64004 21491537 CK110360 (3,112.22) (3,112.22) (1,769,661.74) 12/16/22 Geosyntec Consultants, Inc. 64004 21495391 CK110679 (5,634.84) (5,634.84) (1,775,296.58) 12/16/22 Geosyntec Consultants, Inc. 64004 21495390 CK110679 (59,078.40) (59,078.40) (1,834,374.98) 09/30/22 KCM Group 64004 12037 CK109909 (44,774.43) (44,774.43) (1,879,149.41) 10/31/22 KCM Group 64004 12079 CK110373 (57,176.86) (57,176.86) (1,936,326.27) 11/30/22 KCM Group 64004 12100 CK110690 (57,981.59) (57,981.59) (1,994,307.86) 11/15/22 S.B.S Trust Deed Network 64004 2022-1945 Pending (17,889.55) (17,889.55) (2,012,197.41) Balance Due (2,012,197.41) (2,012,197.41)

Resolution No.

EXHIBIT “B”

NOTICE OF NUISANCE ABATEMENT LIEN

NOTICE OF NUISANCE ABATEMENT LIEN

NOTICE IS HEREBY GIVEN that, pursuant to Government Code § 38773.1 and Monterey Park Municipal Code § 4.30.150, the City of Monterey Park (“City”) seeks to impose a nuisance abatement lien against the real property (“Property”) described below for the City’s unreimbursed costs incurred in abating a public nuisance under a duly issued judicial abatement warrant. The Monterey Park City Council ordered the imposition of a nuisance abatement lien through its adoption of Resolution No. XXX on March 15, 2023 (attached as Exhibit “A”). Pursuant to a settlement agreement by and among the City the People of California, and the owner of the Property in the civil litigation captioned, The People of the State of California, ex rel., Mark D. Hensley, City Attorney for the City of Monterey Park v. Center Int’l Investments, Inc., et al. (LASC Case No. BC605788), the Property owner agreed to waive its notice and hearing rights in § 7 of the first amendment to such settlement agreement, which is on file with the City Clerk.

Recordation of this notice of nuisance abatement lien against the Property is made pursuant to Government Code § 38773.1(c) and Monterey Park Municipal Code §

4.30.150(c). Once recorded, this notice will constitute a lien against the Property with the force, effect, and priority of a judgment lien (Gov. Code, § 38773.1, subd. (c)). The City may foreclose on this nuisance abatement lien by a City action for a money judgment. (Ibid.) In accordance with § 38773.1(c)(1), the following apply to the Property and this notice of nuisance abatement lien:

Lien amount $2,012,197.41
Agency on whose behalf
the lien is imposed
City of Monterey Park
Property assessor’s
parcel number
5254-002-031
Property legal
description
LOT 1 OF TRACT NO. 34875, IN THE CITY OF MONTEREY

PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
AS PER MAP RECORDED IN BOOK 932, PAGES 16-18 OF

MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF

SAID COUNTY

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City of Monterey Park
Attn: City Clerk
320 W. Newmark Ave.

Monterey Park, CA 91754

No fee per Government Code § 27383

Address associated with
Property
No known address associated with the Property pursuant to Los Angeles County property and title records
Property record owner Center Int’l Investments Inc., a California Corporation Property owner address 846 East Garvey Avenue, #D, Monterey Park, CA 91755

Signed the day of March 2022. CITY OF MONTEREY PARK

_________________________
Ron Bow, City Manager

(NOTARIZED SIGNATURE REQUIRED)

EXHIBIT “A”

TO NUISANCE ABATEMENT LIEN

CERTIFIED MONTEREY CITY PARK
RESOLUTION NO. XX

DATE: March 15, 2023
AGENDA ITEM NO: A
TO: The Honorable Mayor and City Council
FROM: Martha Garcia, Director of Finance
Shawn Igoe, Director of Public Works
SUBJECT: Reinstating Water Shutoffs in accordance with Senate Bill 998 and Municipal Code 14.12.240
RECOMMENDATION:

It is recommended that the City Council consider:

1. Receiving and filing this report notifying the City Council and public that the City will resume water shut-offs and late fees pursuant to Monterey Park Municipal Code (“MPMC”) § 14.12.240; and

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

EXECUTIVE SUMMARY:

By executive order issued on April 2, 2020, Governor Newsom prohibited local agencies from shutting off water to residential and certain commercial establishments for failure to pay potable water invoices. The City complied. Additionally, while not required by the Governor’s order, the City also stopped applying late fee costs to delinquent accounts.

On June 3, 2020, the City Council adopted Ordinance No. 2175 which amended the MPMC to bring it into compliance with Health and Safety Code § 116900-116925 (added by Senate Bill 998). Among other things, Ordinance No. 2175 amended MPMC §

14.12.240 which requires the City to wait at least 60 days before terminating water service. Additionally, MPMC § 14.12.340 requires the City to notify low-income households with delinquent accounts regarding financial assistance programs that may assist in paying outstanding balances. All final shutoff notices must be in writing and affixed (usually with a door hanger) to the door of the property with a water account.

While the Governor’s order expired September 30, 2021, and the local emergency terminated in April 2022, the City has nevertheless extended the shutoff moratorium described above. Based upon the Governor’s proclamation terminating the statewide emergency on February 28, 2023, the City is now ready to resume shutoffs and collections in accordance with the MPMC.

BACKGROUND:

Governor Newsom’s Executive Order N-42-20, prevented public agencies from discontinuing water service during the COVID-19 pandemic. Under the Governor’s reopening plan, Executive Order N-08-21, the shutoff moratorium provisions within Executive Order N-42-20 expired on September 30, 2021.

City Council Staff Report
Consent Calendar - 3D

Staff Report

March 15, 2023
Many cities, including Alhambra, Monrovia, Azusa, and Garden Grove, reinstated water shutoffs and late fees, on accounts that are delinquent for 60 days or more based on each city’s policy.

As of March 1, 2023, the Finance Department had 1,199 single-family and multi-family accounts with past due balances for more than 60 days. Total owed by those accounts is $525,238.48. For Commercial accounts there are 51 accounts with past due balances for more than 60 days. Total owed by those accounts is $112,946.12. For LifeLine accounts, i.e., low-income households, there are 34 accounts with past due balances for more than 60 days. Total owed by those accounts is $15,593.72. Total outstanding balance is $653,778.32 and total delinquent accounts as of March 1, 2023 are 1284. That outstanding balance and accounts has nearly tripled from March 2020 when it was $256,259 and the number of past due accounts was 378.

In December of 2021, the City applied for the of Financial Assistance Water System Arrearage Program from the State Water Resources Control Board Division and was awarded $580K to pay off all accounts with arrears through December 2021. In January 2022, the funds were applied to all customer utility accounts with arrears bringing all accounts current.

The MPMC requires the City to offer payment plans for its customers with arrears. The City is also enrolled in the State’s LIHWAP. Water utility customers must go to the state website to apply: https://csd.ca.gov/Pages/WaterBill.aspx. The program is federally funded and offers a one-time payment to help pay past due water and wastewater bills.

The City is looking at more efficient ways to process utility bills and increase revenue continuity. This includes upgrading the City’s utility billing system, moving from bi- monthly billing to monthly billing and purchasing of an automated water metering infrastructure that provide accurate and real-time information to customers.

FISCAL IMPACT:

Before the COVID-19 pandemic, late fees amounted to approximately $75,000 annually.

Respectfully submitted by: Respectfully submitted by:

Martha Garcia
Finance Director
Shawn Igoe
Public Works Director
Approved by: Reviewed by:

Ron Bow
City Manager
Karl H. Berger
City Attorney
Attachment - None.

City Council Staff Report
DATE: March 15, 2023
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Diana Garcia, City Librarian
SUBJECT: Authorize the City Manager to execute a license agreement with Chinatown Service Center to utilize space within the Bruggemeyer Library to provide mental health and wellness services
RECOMMENDATION:

It is recommended that the City Council consider:

1. Authorizing the City Manager, or designee, to execute a license agreement, in a form approved by the City Attorney with Chinatown Service Center to utilize space within the Bruggemeyer Library to provide mental health and wellness services to the community; and

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

EXECUTIVE SUMMARY:

Beginning in January 2023, Chinatown Service Center has provided multilingual counselors and caseworkers in the Monterey Park Bruggemeyer Library to support the mental health and wellness of community members following the January 21 mass shooting. This partnership serves an ongoing need of the City which is expected to continue for the next several months or longer.

The City would like to execute a license agreement with Chinatown Service Center to document the usage of the space. As part of the license agreement, the City will continue to provide space for Chinatown Service Center to table and to provide on-site counseling. Chinatown Service Center will continue to be responsible for maintaining active status and good standing as a non-profit organization and ensuring the area stays clean and in usable condition.

Staff is recommending City Council authorize the City Manager, or designee, to execute a license agreement, in a form approved by the City Attorney to use designated space within the Library to provide outreach services.

FISCAL IMPACT:

None.

Consent Calendar - 3E

Staff Report

March 15, 2023
Respectfully submitted by:

Diana Garcia
City Librarian
Approved by: Reviewed by:

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

1. License Agreement

ATTACHMENT 1
License Agreement
Staff Report
March 15, 2023

LICENSE AGREEMENT BETWEEN THE

CITY OF MONTEREY PARK AND

CHINATOWN SERVICE CENTER

THIS LICENSE is made and executed this 15th day of March 2023, between the CITY OF MONTEREY PARK, a general law city and municipal corporation (“CITY”), and CHINATOWN SERVICE CENTER, a California public benefit corporation (“LICENSEE”). The Parties agree as follows:

1. LICENSE; DESCRIPTION OF PROPERTY. CITY licenses LICENSEE to use, on the terms and conditions in this License, space indicated in attached “Exhibi t A ,” which is incorporated by reference, located at 318 S. RAMONA AVENUE, 91754 commonly referred to as MONTEREY PARK BRUGGEMEYER LIBRARY (“Property”). CITY’s action is not, and cannot be construed to be, a conveyance of a property interest or a lease; it is a license to use property only.

2. USE OF PROPERTY.

A. LICENSEE may temporarily use the Property for the purposes of conducting outreach services, informing community members of available programs and services, providing counseling and connecting community members with resources.

B. CITY may change, amend, or terminate LICENSEE’s use of the Property at any time, and in its sole discretion, verbally or in writing.

3. TERM. Except as provided in Section 4, the term of this license will begin on March 15, 2023 and end on March 14, 2028. Upon mutual written agreement between the parties, this License may be renewed for additional time.

4. TERMINATION.

A. As stated above, CITY may terminate this License at any time with or without cause. Termination will be effective upon notification unless CITY specifies otherwise.

B. LICENSEE may terminate this License at any time in writing at least five days before the effective termination date.

C. By executing this document, LICENSEE waives any and all claims for damages that might otherwise arise from CITY’s termination under this Section.

D. U
pon termination, LICENSEE will remove all personal property and improvements from the Property within two days. The Property will be left in a clean and orderly

fashion.

5. RELOCATION BENEFITS. LICENSEE acknowledges that it has been informed that CITY is a public entity and that the Property was previously acquired by CITY for a public purpose.

LICENSEE further acknowledges that any rights acquired under this License arose after the date of acquisition of the Property and that said rights are subject to termination when space is needed by CITY. LICENSEE hereby acknowledges that at the time of said termination of this License by CITY, it will not be a “displaced person” entitled to any of the relocation assistance or benefits offered to displaced persons under State or Federal law.

6. ALTERATIONS. LICENSEE will not make, or cause to be made, any alterations to the Property, or any part thereof, without CITY’s prior written consent.

7. HAZARDOUS/TOXIC WASTE. CITY has not, nor, to CITY ’s knowledge, has any third party used, generated, stored or disposed of, or permitted the use, generation, storage or disposal of, any Hazardous Material (as defined below) on, under, about or within the Property in violation of any law or regulation. LICENSEE agrees that it will not use, generate, store or dispose of any Hazardous Material (as defined below) on, under, about or within the Property in violation of any law or regulation. LICENSEE agrees to defend and indemnify CITY, to the extent stated in Section 12, against any and all losses, liabilities, claims or costs arising from any breach of any warranty or agreement contained in this Section. As used in this Section, “Hazardous Material” means any substance, chemical or waste that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation (including petroleum and asbestos).

8. SIGNS. LICENSEE will not place any permanent sign upon the Property without CITY’s prior written consent. LICENSEE will pay for all costs of any approved signage and comply with all applicable sign codes and ordinances.

9. ASSIGNMENT. LICENSEE will not be permitted to assign this License or any interest therein.

10. INDEMNIFICATION.

A. LICENSEE will hold CITY harmless and free from any and all liability arising out of this License, or its performance. Should CITY be named in any suit, or should any claim be against it, by suit or otherwise, whether the same be groundless or not, arising out of this License, or its performance, pursuant to this License, LICENSEE will defend CITY (at CITY’s request and with counsel satisfactory to CITY ) and will indemnify it for any judgment rendered against it or any sums paid out in settlement or otherwise.

B. For purposes of this section “CITY” includes CITY’s officers, officials, employees, agents, representatives, and certified volunteers.

C. LICENSEE expressly agrees that this release, waiver, and indemnity agreement is intended to be as broad and inclusi ve as is permitted by the law of the State of California and that if any portion is held invalid, it is agreed that the balance will, notwithstanding, continue in full legal force and effect.

D. It is expressly understood and agreed that the foregoing provisions will survive termination of this License.

E. The requirements as to the types and limits of insurance coverage to be maintained by LICENSEE as required by Section 13 below, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by LICENSEE pursuant to this License, including but not limited to the provisions concerning indemnification.

11. INSURANCE.

A. Before commencing performance under this License, and at all other times this License is effective, LICENSEE will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:

Type of Insurance
Limits (combined single)

Commercial general liability: $2,000,000 per occurrence

Workers compensation Statutory limits

B. Commercial general liability insurance will meet or exceed the requirements of the most current ISO Forms. The am ount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to name CITY, its officials, and employees as “additional insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be carried by CITY will be excess thereto. Such insurance will be on an “occurrence,” not a “claims made,” basis and wi ll not be cancelable except upon 30 days prior written notice to CITY except for nonpayment of premiums which may be cancelable upon ten day notice.

C. LICENSEE will furnish to CITY duly authenticated Certificates of Insurance and Endorsements evidencing maintenance of the insurance required under this License and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equival ent to at least a Rating of “A:VII.” Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. CONTRACTOR will require its insurer to modify such

certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.

D. Should LICENSEE, for any reason, fail to obtain and maintain the insurance required by this License, CITY may obtain such coverage at LICENSEE’s expense and charge the cost of such insurance to LICENSEE under this License or terminate pursuant to Section 4.

12. COMPLIANCE WITH LAW. LICENSEE will, at its sole cost and expense, comply with all of the requirements of all federal, state, and local authorities now in force, or which may hereafter be in force, pertaining to the Property and will faithfully observe in the use of the Property all applicable laws. The judgment of any court of competent jurisdiction, or the admission of LICENSEE in any action or proceeding against LICENSEE, whether CITY be a party thereto or not, that LICENSEE has violated any such ordinance or statute in the use of the Property will be conclusive of that fact as between CITY and LICENSEE.

13. POSSESSORY INTEREST TAXES. This License is not intended to give LICENSEE a property interest in the Property. However, LICENSEE is informed by CITY pursuant to Revenue & Taxation Code § 107.6 that any property interest in the Property may be subject to property taxation if created and that LICENSEE may be subject to the payment of property taxes levied on such interest. LICENSEE may not deduct such amount from payments to CITY.

14. BREACH OF AGREEMENT . The violation of any of the provisions of this License will constitute a breach of this License by LICENSEE , and in such event said License will automatically cease and terminate.

15. WAIVER OF BREACH . Any express or implied waiver of a breach of any term of this License will not constitute a waiver of any further breach of the same or other term of this License.

16. ENTRY BY CITY AND PUBLIC. This License does not convey any property interest to LICENSEE. Except for areas restricted because of safety concerns, C ITY and the general public will have unrestricted access upon the Property for all lawful acts.

17. INSOLVENCY; RECEIVER. Either the appointment of a receiver to take possession of all or substantially all of the assets of LICENSEE, or a general assignment by the LICENSEE for the benefit of creditors, or any action taken or offered by LICENSEE under any insolvency or bankruptcy action, will constitute a breach of this License by LICENSEE , and in such event said License will automatically cease and terminate.

18. NOTICES. Except as otherwise expressly provided by law, all notices or other communications required or permitted by this License or by law to be served on or given to either party to this License by the other party will be in writing and will be deemed served when personally delivered to the party to whom they are directed, or in lieu of the personal service, upon

deposit in the United States Mail, certified or registered mail, return receipt requested, postage prepaid, addressed to LICENSEE at:

Chinatown Service Center
Attention: Peter Ng, CEO
767 N. Hill Street, Ste. 400
Los Angeles, CA, 90012

or to CITY at:

City of Monterey Park
Attention: City Manager, Ron Bow
320 W. Newmark Ave. Monterey Park, CA 91754

Either party may change its address for the purpose of this Section by giving written notice of the change to the other party.

19. ACCEPTANCE OF ELECTRONIC SIGNATURES. The Parties agree that agreements ancillary to this License and related documents to be entered into in connection with this License will be considered signed when the signature of a party is delivered by electronic transmission.

Such electronic signature will be treated in all respects as having the same effect as an original signature.

20. GOVERNING LAW. This License has been made in and will be construed in accordance with the laws of the State of California and exclusive venue for any action involving this License will be in Los Angeles County.

21. PARTIAL INVALIDITY. Should any provision of this License be held by a court of competent jurisdiction to be either invalid or unenforceable, the remaining provisions of this License will remain in effect, unimpaired by the holding.

22. ENTIRE AGREEMENT. This instrument and its Attachments constitute the sole agreement between CITY and LICENSEE respecting Property, the use of the Property by LICENSEE, and the specified License term, and correctly sets forth the obligations of CITY and LICENSEE. Any agreement or representations respecting LICENSEE or its licensing by CITY to the Property not expressly set forth in this instrument are void.

23. CONSTRUCTION. The language of each part of this License will be construed simply and according to its fair meaning, and this License will never be construed either for or against either party.

24. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this License and to engage in

the actions described herein. This License may be modified by written agreement. CITY’s city manager, or designee, may execute any such amendment on behalf of CITY.

25. COUNTERPARTS. This License may b e executed in any number or counterparts, each of which will be an original, but all of which together will constitute one instrument executed on the same date.

IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.

CITY OF MONTEREY PARK LICENSEE,

_______________________ ___________________
Ron Bow, Peter Ng,
City Manager Chief Executive Officer

APPROVED AS TO FORM:

_________________________________
Karl H. Berger, City Attorney

Exhibit A: License Agreement with Chinatown Service Center

Chinatown Service Center agrees to provide mental health and wellness outreach services to community members within the Monterey Park Bruggemeyer Library. St aff will have access to space in the public areas to set up a table and chairs and will also be able to access the Library’s study rooms to provide immediate counseling, if needed by members of the public. The schedule for these services is dependent on the needs of the community and the resources of Chinatown Service Center, but will be agreed upon in advance.

City Council Staff Report
DATE: March 15, 2023
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Diana Garcia, City Librarian
SUBJECT: California State Library 2023-2024 Library Services Technology Act (LSTA) Local and Collaborative Grant
RECOMMENDATION:

It is recommended that the City Council consider:

1. Adopting a resolution authorizing the City Manager, or designee, to apply for, receive, and appropriate grant funds for the California State Library’s 2023-2024 LSTA Local and Collaborative Grant; and

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

EXECUTIVE SUMMARY:

The California State Library’s LSTA Local and Collaborative Grant is an opportunity that provides competitive grants of up to $100,000 to local libraries to strengthen the ability of California libraries to design equitable programs and services in collaboration with their local communities.
lf adopted, the proposed resolution would authorize the City Manager, or designee, to apply for the Local and Collaborative Grant and to implement a budget amendment if the City is awarded funds. The deadline to apply is March 28, 2023, funds will be awarded in the summer of 2023 and the project completion date is June 30, 2024.

BACKGROUND:

One of the major goals of the Library’s Strategic Plan is to, “Extend Library services to hard to reach or underserved residents.” During the planning process, staff consistently received feedback from residents that they would like the Library to provide mobile services via bookmobile at parks, schools and events across the city.

Bookmobiles have historically been deployed to deliver services to people outside th e library’s physical building, allowing libraries to make themselves flexible. In the post- COVID world of public libraries, the flexibility that mobile services deliver is essential to providing education, information, entertainment and community services.

To meet the current need for outreach services, the Library offers alfresco programming and “pop-up” library services at several sites around the City, including the Langley Center, Barnes Park, schools and City events where staff provide storytimes, crafts, free wi-fi, library card sign up, and materials to browse, read and checkout. Currently staff Consent Calendar - 3F

Staff Report

March 15, 2023
utilizes personal vehicles, dollies and carts to move equipment for outdoor programming and popups, but a vehicle would extend the Library’s reach and make services more efficient.

If the City is awarded the Stronger Together grant, the funds will be used to purchase a small, electric mobile library vehicle. This outreach vehicle will enable library staff to take pop-up library services into the community to serve residents at parks, schools, senior living facilities and events. It will be equipped with staff laptops, public wi-fi and a collection of materials so that visitors will be able to do nearly everything that they are able to do inside the library, including make library cards, check out materials, enjoy storytimes, participate in crafts, read newspapers, use wi-fi, and attend talks and readings.

FISCAL IMPACT:

The City may request up to $100,000 from the California State Library to cover the costs of purchasing and customizing an electric outreach vehicle, maintaining the vehicle, personnel costs to manage the grant and staff outreach events, buying library materials for the outreach collection, and purchasing necessary equipment for pop-up library services.

A match is asked of grantees, which may be cash, in-kind, or a combination of both. There is no required percentage or amount for the match; grantees are being asked to provide good faith support for the project. The City may use already budgeted staff costs as in- kind and may also receive contributions from the Library Foundation or the Friends of the Library. If grant funds are received, the attached resolution would allow Finance to appropriate these funds.

Respectfully submitted by: Reviewed by:

Diana Garcia
City Librarian
Martha Garcia
Director of Finance
Approved by: Reviewed by:

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

1. Draft Resolution

Staff Report
March 15, 2023
ATTACHMENT 1
Draft Resolution

RESOLUTION NO.

A RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE,

TO APPLY FOR, RECEIVE, AND APPROPRIATE GRANT FUNDS FOR
THE CALIFORNIA STATE LIBRARY’S LIBRARY SERVICES AND

TECHNOLOGY ACT LOCAL AND COLLABORATIVE GRANT

BE IT RESOLVED by the Council of the City of Monterey Park as follows:

SECTION 1: The City Council finds and declares:

A. The California State Library (“CSL”) is responsible for administering the Library Services and Technology Act Local and Collaborative grant which strengthens the ability of California libraries to design equitable programs and services in collaboration with their local communities.

B. If awarded, the Local and Collaborative grant provides up to $100,000 to library agencies to be used by June 30, 2024.

C. The City is currently proposing the purchase of a new library outreach vehicle; maintenance on the vehicle; staffing costs; a collection of materials for the vehicle, including books and other media for all ages and in a variety of community languages; and equipment and furniture for the delivery of outdoor library services ("the Project").

SECTION 3: The City Council authorizes the City Manager, or designee, to ex ecute documents to apply for, and potentially receive, up to $100,000 in grant monies from the CSL related to the Project.

SECTION 4: The City Manager, or designee, is authorized to execute any required documents to receive the grant for the purposes identified above.

SECTION 5: The City Manager, or designee, is authorized to accept and spend the grant monies identified in this Resolution for the purposes set forth above.

SECTION 6: The City Council amends or supplements the City’s Budget for fiscal year 2022-23 to appropriate the monies identified by this Resolution to pay for the proposals made by the City in support of its grant application. The City Manager, or designee, is authorized to implement the purpose of this section.

SECTION 7: 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 provision or application and, to this end, the provisions of this Resolution are severable.

Resolution No.

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

SECTION 9: Recordation. The Mayor, or presiding officer, is authorized to sign this Resolution signifying its adoption by the City Council of the City of Monterey Park and the City Clerk, or her duly appointed deputy, may attest thereto.

SECTION 10: Effective Date. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.

PASSED AND ADOPTED this 15th day of March, 2023.

________________________________
Jose Sanchez, Mayor

Attest:

__________________________
Maychelle Yee, City Clerk

Approved as to Form:

__________________________
Karl H. Berger, City Attorney

City Council Staff Report
DATE: March 15, 2023
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Robert Aguirre, Director of Recreation & Community Services SUBJECT: Authorize the City Manager to execute license agreements with non- profit youth athletic organizations for their usage of designated storage units and snack bars in City parks.

RECOMMENDATION:

It is recommended that the City Council consider:

1. Authorizing the City Manager, or designee, to execute license agreements, in a form approved by the City Attorney with the MPK Baseball and Softball Inc., and SoCal Elite Soccer Club to utilize designated storage units and snack bars in City parks; and/or

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

EXECUTIVE SUMMARY:

The City of Monterey Park has a long history of providing the community with access to a variety of youth sports with the assistance of local non-profit organizations. These local non-profit organizations utilize City facilities to manage sports leagues, clinics and competitions focused on the development of young athletes. The City would like to continue working with the athletic organizations to provide recreational and competitive sports opportunities. To manage each of these sports the organizations store maintenance and athletic equipment that is housed in storage units located at each park for easy and consistent access. Some of the organizations also utilize designated snack bars to help raise funding to support their non-profit.

The City will continue to provide dedicated spaces for the storage units to be housed and maintain the area around each unit and provide access to designated snack bars for permitted use. Each organization will continue to be responsible for securely storing their equipment; maintaining active status and in good standing as a non-profit organization; and ensuring the site stays clean and in usable condition. The City is not responsible for the storage unit or its contents. Organizations operating a snack bar will be responsible for and in compliance with all County of Los Angeles Public Health Department’s health and safety standards. Even though these organizations have been active for many years and have stored equipment in City parks, the City would like to establish a license agreement with each organization to document the usage of the spaces.

Consent Calendar - 3G

Staff Report

March 15, 2023
Staff is recommending City Council authorize the City Manager, or designee, to execute license agreements, in a form approved by the City Attorney to use designated storage units and snack bars in City parks.

BACKGROUND:

The City of Monterey
Park provides a number of youth athletic organizations access to City parks and facilities to provide year-round leagues, clinics and competitions. These organizations store maintenance and athletic equipment at park sites for their daily usage. Some of the organizations also utilize designated snack bars to raise funds for their respective nonprofit.
• MPK Baseball and Softball Inc. is an active 501(c)(3) nonprofit that was established in 2015 and serves youth ages 3 - 14. The program offers recreational and competitive baseball and softball during the fall and spring seasons at Garvey Ranch Park.
• SoCal Elite Soccer Club is an active 501(c)(3) nonprofit established in 2018 and serves youth ages 5-18 years. The program offers player development and competitive soccer leagues at Barnes and Garvey Ranch parks.

The City would like establish license agreements with each organization to document the usage of the spaces.

FISCAL IMPACT:

None.

Respectfully submitted by:

Robert Aguirre
Director of Recreation &
Community Services
Approved by: Reviewed by:

Ron Bow
City Manager
Karl H. Berger
City Attorney
Attachment - None.

City Council Staff Report
DATE: March 15, 2023
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: FY 2022-23 Sidewalk Repair Project (Spec No. 2022-011) RECOMMENDATION:

It is recommended that the City Council consider:

1. Adopting a resolution to add the FY 2022-23 Sidewalk Repair Project to the CIP;

2. Appropriating $52,182 from Prop A Funds, $174,946 from TDA 3 Fund, and $122,672 from Gas Tax Fund to the FY 22-23 Budget to proceed with this project; and

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

CEQA (California Environmental Quality Act):

The proposed project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations § 15301 as a Class 1 categorical exemption (Existing Facilities). The Project results in minor alterations to existing public facilities involving no significant expansion of the existing use. The Project is not anticipated to have any significant impacts regarding traffic, noise, air quality or water quality.

EXECUTIVE SUMMARY:

Staff prepared a bid specification for the 2022-23 Sidewalk Repair project and requests the City Council’s authorization to add the proposed project to the City’s FY 22-23 Capital Improvement Plan (CIP). A budget appropriation of $52,182 from Prop A Funds, $174,946 from TDA 3 Fund, and $122,671 from Gas Tax Fund to the FY 22-23 Budget is requested to proceed with this project. This project will repair existing concrete infrastructure throughout the City.

BACKGROUND:

The City’s CIP for fiscal year 2022-23 includes several street improvement projects.

Typically, sidewalk repairs and concrete work are included as part of these road repair projects or annual maintenance. However, a recent needs assessment identified a collective concrete work project is needed to address the increased number of damaged sidewalks in several areas throughout the City. In November of 2022, staff conducted field reviews based on GoMPK service requests from residents and reports from various other sources including City staff. As a result, staff prepared bid specs for a potential Consent Calendar - 3H

Staff Report

May 15, 2023
project that would include replacement of damaged sidewalks, curb and gutters, bus pads, ADA curb ramps and removal and planting of trees.

If approved, the proposed scope of work would improve walkability in the community, eliminate tripping hazards and provide mobility in compliance with the American with Disabilities Act (ADA). In addition, the project includes the replacement of various damaged bus pads and the removal and replacement of trees in areas where roots resulted in uplifting and damaging sidewalks. The trees would be replaced at a ratio of

1.5:1. In other words, for every 2 trees removed, three trees will be planted.

Adopting the draft resolution will add the Sidewalk Repair Project to the City’s Capital Improvement Plan and authorize the City Engineer to approve the plans and specifications and advertise to bid.

FISCAL IMPACT:

The estimated project cost including contingency is $1,899,800.

FY 2022-23 Sidewalk Repair Project Specification No. 2022-011 Construction $ 1,644,795
Contingency $ 164,480
Construction Management and Inspection $90,525
Total Estimate $1,899,800
Funding for the proposed scope of work for this project is eligible through Prop A, TDA 3, and Gas Tax special revenue funds. Staff recommends using current savings of $1,550,000 from CIP 96013 – MTA Monterey Pass Bike for the proposed Sidewalk Repair project. Funding is available as a result of additional funding from the SR-710 Mobility Improvement Project Fund for the Monterey Pass Bike Project.

It is recommended that the City Council authorize an additional appropriation of $349,800 from the following funding sources: Prop A - $52,182; TDA 3 - $174,946; Gas Tax - $122,672. Final construction costs for this project will be identified upon receipt of bids.

Respectfully submitted by: Reviewed by:
__________________________
Martha Garcia, Finance Director
Reviewed by:
__________________________
Karl H. Berger, City Attorney
____________________________
Shawn Igoe, Public Works Director
Approved by:
___________________________
_ Ron Bow, City Manager
ATTACHMENT:

1. FY 2022-23 Sidewalk Repair Project Bid package

2. Draft Resolution

Staff Report
May 15, 2023
ATTACHMENT 1
2022-23 Sidewalk Repair Project Bid

City of Monterey Park Specification No. 2022-011
COVER

CITY OF MONTEREY PARK

BIDDING DOCUMENTS
For

FY 22-23 CONCRETE IMPROVEMENTS PROJECT

INCLUDING SIDEWALKS, CURB & GUTTERS, AND BUS
PADS

Specification No. 2022-011
Bid Due Date:

11:00 AM
April 6th, 2023

Submit bids to:

Quest Construction Data Network (QuestCDN)
www.questcdn.com

City of Monterey Park Specification No. 2022-011

APPROVAL PAGE

FY 22-23 CONCRETE IMPROVEMENTS PROJECT

INCLUDING SIDEWALKS, CURB & GUTTERS, AND

BUS PADS
Specification No. 2022-0011

Approved by: ____________________________
Rey Alfonso, PE
Assistant City Engineer
City of Monterey Park

Approved by: ____________________________
Okan Demirci, PE
Acting City Engineer
City of Monterey Park

City of Monterey Park Specification No. 2022-011
SECTION A. NOTICE INVITING FORMAL SEALED BIDS Page A. 1

TABLE OF CONTENTS

SECTION TITLE SECTION

NOTICE INVITING SEALED BIDS A

INSTRUCTIONS TO BIDDERS B
BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid)
C

STANDARD SPECIFICATIONS D

TECHNICAL SPECIFICATIONS E
APPENDIX 1. CITY OF MONTEREY PARK PUBLIC WORKS

CONTRACT
A1
APPENDIX 2. CONTRACT FOR SECURITY DEPOSITS IN LIEU OF

RETENTION
A2
APPENDIX 3. CONTACT INFORMATION A3
APPENDIX 4. CURB & GUTTER LOCATION INDEX A4
APPENDIX 5. SIDEWALK LOCATION INDEX A5
APPENDIX 6. GREEN PAVERS LOCATION INDEX A6
APPENDIX 7. BUS PAD LOCATION INDEX A7
APPENDIX 8. ADA RAMPS LOCATION INDEX A8
APPENDIX 9. ADA RAMP RELOCATION 396 E FLORAL DR A9

City of Monterey Park Specification No. 2022-011
SECTION A. NOTICE INVITING FORMAL SEALED BIDS Page A. 2

SECTION A. NOTICE INVITING SEALED BIDS

The City of Monterey Park is receiving and accepting sealed bids only via the online electronic bid service , Quest Construction Data Network (QuestCDN), www.questcdn.com, until 11:00 AM, April 6th, 2022, for the FY 22-23 Concrete Improvements Project including Sidewalks, Curb & Gutters, and Bus Pads Specification No. 2022-011. Late bids will not be accepted.

As described in the Bidding Documents, the bids are for a public works project which consists of the removal and replacement of concrete sidewalk, curb and gutter, and bus pads at various locations Citywide and related work as shown on the plans on file with the City’s Public Works Department. Bids will be public ly opened in approximately 15 minutes after the bid due date and time.

Copies of the Plans, Specifications and contract documents can be obtained as follows:

1. Prospective Bidders must purchase contract documents through Quest Construction Data Network (QuestCDN). This can be done via a link on the Public Works’ Bids & Proposal’s page at http://www.montereypark.ca.gov/444/Bids- Proposals and/or on the QUESTCDN website (www.questcdn.com). QuestCDN is a web -based platform for construction project advertisements, bid documents distribution an d plan holder lists. Prospective bidders will need the seven -digit QuestCDN project number (Quest Project #8326351) to locate the job on the QuestCDN website search page. There is a $ 30 nonrefundable cost for downloading the contract documents in PDF format, however documents may be viewed for free. Bids will not be accepted from any prospective bidder who has not purchased contract documents through QuestCDN.

Please contact QuestCDN Customer Support at 952-233-1632 or [email protected] for assistance in Regular membership registration, downloading and working with this digital information.

The terms and conditions for bidding on the Project are described in the attached Bidding Instructions.

SB 854 Requirements:

This project is subject to the requirements of SB 854. No prime contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered and qualified with the Department of Industrial Relations pursuant to Labor Code section 1725.5. No prime contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered and qualified with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring Commented [DI1]: Update
Commented [DI2]: Update

City of Monterey Park Specification No. 2022-011
SECTION A. NOTICE INVITING FORMAL SEALED BIDS Page A. 3 and enforcement by the Department of Industrial Relatio ns. The bid proposal must include a print out from the DIR registration website showing that the prime contractor and each subcontractor is currently registered and qualified. No bid proposals will be accepted nor any contract entered into with a prime contractor without proof of registration as required above. [Unless within the limited exceptions from this requirement for bid proposals only under Labor Code Section 1771.1(a)]
Prevailing Wages Required:

Prevailing wages shall be paid to all workers in ac cordance with California Labor Code 1771. A copy of the prevailing wages schedule is on file with the City.

DBE:

There is no mandatory DBE Participation requirement. All bidders are required to comply with all applicable competitive bidding and labor compliance laws including, but not limited to, active solicitation of subcontract bids from minority-owned businesses, women-owned businesses, and businesses owned by disabled veterans. The City hereby notifies all qualified bidders that it will affirmatively insure that qualified minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, religion, or handicap in consideration for an award. Attention is directed to the provisions of Section 1777.5 (Chapter 1411, Statutes of 1968) and 1777.5 of the Labor Code concerning the employment of apprentices by the Contractor’s or any such subcontractors under hire .

The bidders and the selected Contractor shall not allow discrimination in employment practices on the basis of race, color, national origin, ancestry, sex, religion, or handicap.

Note that the Project is subject to compliance monitoring and enforcement b y the California Department of Industrial Relations. Pursuant to California law, the City must find bids failing to comply with all applicable Labor Code requirements including, without limitation, Labor Code §§ 1725.5 and 1771.4, to be nonresponsive.

This project requires payment of State prevailing rates of wages for Los Angeles County.

The contractor shall post copies of the prevailing schedule at each job site. Copies of these rates of wages are available from the State of California Department of Ind ustrial Relations Prevailing Wage Unit, Telephone No. (415) 703 -4774. The website for this agency is currently located at www.dir.ca.gov.

The contractor to whom the contract is awarded must assist in locating, qualifying, hiring and increasing the skills of minority group employees and applicants for employment, as set forth in Executive Order 11246 and 11375.

A Bid Bond equal to minimum Ten Percent (10%) of the Bid Amount is required.

Engineer’s Estimate is in the range of $1,900,000
Construction Days is 60 working days.

City of Monterey Park Specification No. 2022-011
SECTION A. NOTICE INVITING FORMAL SEALED BIDS Page A. 4 Liquidated Damages is $1,000 per calendar day.

Required State of California Contractors License Classification is Class A.

Five percent (5%) will be deducted from each progress payment and retained by the City.

The remainder less the amount of all previous payments will be paid to the Contractor.

Pursuant to Public Contracts Code (“PCC”) § 22300, the Contractor may substitute securities for retention monies held by the City or request that the City place such monies into an escrow account. The Contractor is notified, pursuant to PCC § 22300, any such election will be at the Contractor own expense and will include costs incurred by the City to accommodate the Contractor’s request.

For questions, contact via e-mail only:

IVAN DAZA – [email protected]
DATED this March 16th, 2022.

--END OF SECTION--
Commented [DI3]: Update

City of Monterey Park Specification No. 2022-011
SECTION B. BIDDING INSTRUCTIONS Page B. 1
SECTION B. BIDDING INSTRUCTIONS

1. DEFINITIONS. Unless provided otherwise, the definitions in the Greenbook, Special Conditions, or other Contract Documents are applicable to all Bidding Documents.

1.1. “Addenda” means written or graphic instruments issued by the City before the Bid Deadline that modify or interpret the Bidding Documents by additions, deletions, clarifications, or corrections.

1.2. “Alternate” means a proposed change in the Work, as described in the Bidding Documents which, if accepted, may result in a change to either the Contract Sum or the Contract Time, or both.

1.3. “Bid Deadline” means the date and time designated in the Notice for Bids as the last date and time for receipt of Bids, as may be revised by Addenda.

1.4. “Bidder” means a person or firm that submits a Bid.

1.5. “Bidding Documents” means the construction documents prepared and issued for bidding purposes including all Addenda.

1.6. “Lump Sum Base Bid” means the sum stated in the Bid for which Bidder offers to perform the Work described in the Bidding Documents, but not including unit price items or Alternates.

1.7. “Unit Price” means an amount stated in the Bid for which Bidder offers to perform the Unit Price Work for a fixed price per unit of measurement.

2. BIDDER’S REPRESENTATIONS. By making its Bid, Bidder represents that:

2.1. Bidder read, understood, and made the Bid pursuant to the requirements in the Bidding Documents.

2.2. Bidder visited the Project site and is familiar with the conditions under which the Work will be performed and the local conditions as related to the Contract Documents.

2.3. The Bid is based upon the materials, equipment, and systems required by the Bidding Documents.

2.4. Bidder and all Subcontractors, regardless of tier, have the ap propriate current licenses issued by the State of California Contractor’s State License Board for the Work to be performed. If Bidder is a joint venture, the Bidder

City of Monterey Park Specification No. 2022-011
SECTION B. BIDDING INSTRUCTIONS Page B. 2
will have a joint venture license appropriate for the performance of the work, and each me mber of the joint venture will likewise have the appropriate license. Business and Professions Code §§ 7000-7191 establish licensing requirements for contractors. If a Bidder, that is a specialty contractor, submits a Bid involving 3 or more specialized building trades, the work of which is more than incidental and supplemental to the performance of the Work for which Bidder holds a specialty contractor license, Bidder shall also hold either (1) a specialty contractor “C” license in each such trade, (2) a General Engineering contractor “A” license, or (3) a General Building contractor “B” license. This requirement is applicable whether or not Bidder lists a Subcontractor for each such trade.

2.5. If licensure or proper licensure is controverted, then proof of licensure pursuant to this section shall be made by production of a verified certificate of licensure from the Contractors' State License Board which establishes that the individual or entity bringing the action was duly licensed in the proper classification of contractors at all times during the performance of any act or contract covered by the action. Nothing in this subdivision requires any person or entity controverting licensure or proper licensure to produce a verified certificate. When licensure or proper licensure is controverted, the burden of proof to establish licensure or proper licensure is on the licensee.

2.6. Bidder has the expertise and financial capacity to perform and complete all obligations under the Bidding Documents.

2.7. The person executing the Bid Form is duly authorized and empowered to execute the Bid Form on Bidder’s behalf.

2.8. Bidder is aware of and, if awarded the Contract, will comply with Applicable Code Requirements in its performance of the Work.

2.9. The Bidder has paid the City’s business license fee(s).

3. BIDDING DOCUMENTS.

3.1. Bidders may obtain complete sets of the Bidding Documents from the City’s Public Works Department for the sum stated in the Notice for Bids.

3.2. Bidders will use a complete set of Bidding Documents in preparing Bids.

3.3. The City makes copies of the Bidding Doc uments available, on the above terms, for the sole purpose of obtaining Bids for the Work and does not confer a license or grant permission for any other use of the Bidding Documents.

City of Monterey Park Specification No. 2022-011
SECTION B. BIDDING INSTRUCTIONS Page B. 3

4. INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS.

4.1. Before submitting i ts Bid, Bidder will carefully study and compare the various documents comprising the Bidding Documents and compare them with any other work being bid concurrently or presently under construction which relates to the Work for which the Bid is submitted; wil l examine the Project site, the conditions under which the Work is to be performed, and the local conditions; and will at once report to the City’s Representative errors, inconsistencies, or ambiguities discovered.

4.2. Requests for clarification or interpretation of the Bidding Documents will be addressed to the City’s Representative.

4.3. Clarifications, interpretations, corrections, and changes to the Bidding Documents will be made by Addenda. Clarifications, interpretations, corrections, and changes to the Bi dding Documents made in any other manner will not be binding and Bidders will not rely upon them.

5. PRODUCT SUBSTITUTIONS. No substitutions will be considered before award of Contract. Substitutions will only be considered after award of the Contract an d as provided for in the Contract Documents.

6. SUBCONTRACTORS.

6.1. Each Bidder will list in the Bid Form all first -tier Subcontractors that will perform work, labor or render such services. The Bid Form contains spaces for the following information when listing Subcontractors: (1) Work Activity; (2) name of Subcontractor; (3) city of Subcontractor’s business location.

Failure to list any of these items on the Bid Form will result in the City treating the Bid as if no Subcontractor was listed for the Work an d that Bidder represents to the City that it is fully qualified to perform that portion of the Work and will perform to do so.

6.2. Subcontractors listed in the Bid Form will only be substituted after the Bid Deadline with the City’s written consent in accordance with California law.

7. ADDENDA.

7.1. All addenda shall be written and issued by the City through www.QuestCDN.com. An email notification will be distributed by QuestCDN

City of Monterey Park Specification No. 2022-011
SECTION B. BIDDING INSTRUCTIONS Page B. 4
to all Plan holders regarding posting of Addenda, but it shall be the bidder’s responsibility to make inquiry as to Addenda issued. Failure of the bidder to receive any such Addenda shall not relieve the bidder from any obligation under his bid as submitted.

7.2. Copies of Addenda will be made available for inspection at the City’s Public Works Department.

7.3. The City will issue Addenda so that they are received by prospect ive Bidders not later than three (3) business days before the Bid Deadline.

Addenda that withdraw the request for Bids or postpone the Bid Deadline may be issued any time before the Bid Deadline.

7.4. Each Bidder is responsible for ensuring that it has receiv ed all issued Addenda before issuing a Bid.

8. PRE-BID CONFERENCE. When required, Bidder will attend a Pre -Bid Conference where the City will discuss the Bidding Documents, answer questions, accept comments, and conduct a Project site visit. The City requ ires all Pre-Bid Conference attendees to arrive for the meeting on time and to sign an attendance list which is used to determine if Bidders meet this requirement. Any Bidder not attending the Pre -Bid Conference in its entirety will be deemed to have not complied with the requirements of the Bidding Documents and its Bid will be rejected.

9. FORM AND STYLE OF BIDS.

9.1. Bids will be submitted on the Bid Form included with the Bidding Documents. Bids not submitted on the City’s Bid Form will be rejected.

9.2. All blanks on the Bid Form will be filled in legibly in ink or by typewriter.

9.3. Bidder’s failure to submit a price for any Alternate or unit price will result in the Bid being considered as nonresponsive. If Alternates are called for and no change in the Lump Sum Base Bid is required, enter “No Change.”

9.4. Each Bidder shall fill out the “Bidders Statement of Past Contract Disqualifications” form stating any and all instances of contract disqualifications due to a violation of a law or safety regulation. The Bidder shall explain the circumstances of each disqualification. The City may reject the bid based on such information.

9.5. Bidder will make no stipulations on the Bid Form nor qualify the Bid in any manner.

City of Monterey Park Specification No. 2022-011
SECTION B. BIDDING INSTRUCTIONS Page B. 5

9.6. The Bids will be based upon full completion of all the Work as shown on the plans and specifications. It is expressly understood that the plans are drawn with as muc h accuracy as is possible in advance, but should errors, omissions or discrepancies exist in the plans which show conditions that vary from those encountered in construction, the Bidder (if awarded the Contract) specifically agrees to construct a completed work ready for the use and in the manner which is intended. In the event of increasing or decreasing of work, the total amount of work actually done or materials or equipment furnished shall be paid for according to the unit or lump sum price established for such work under the contract, wherever such unit or lump sum price has been established. In the event no prices are named in the contract to cover such changes or alterations, the cost of such changes shall be covered as extra work.

9.7. The Bid Form will be signed by a person or persons legally authorized to bind Bidder to a contract. Bidder’s Representative will sign and date the Declaration included in the Bid Form. Failure to sign and date the declaration will cause the Bid to be rejected.

10. BID SECURITY.

10.1. Each Bid will be accompanied by Bid Security, in the amount of 10% of the Lump Sum Base Bid as security for Bidder’s obligation to enter into a Contract with the City on the terms stated in the Bid Form and to furnish all items required by the Bidding Documents. Bid Security will be a Bid Bond on the form provided by the City or a certified check made payable to “City of Monterey Park.” When a Bond is used for Bid Security, failure to use the City’s Bid Bond form will result in the rejection of the Bid.

10.2. If the apparent lowest responsible Bidder fails to sign the Agreement and furnish all items required by the Bidding Documents within the time limits specified in these Instructions to Bidders, the City will disqualify such Bidder and select the next apparent lowest responsible Bidder until all bids have been exhausted or the City may reject all bids. In such an event, the disqualified Bidder will be liable for and forfeit to the City the amount of the difference, not to exceed the amount of the Bid Security, between the amount of the disqualified Bid and the larger amount for which the City procures the Work.

10.3. If a Bid Bond is submitted and an attorney-in-fact executes the Bid Bond on behalf of the surety, a notarized and current copy of the power of attorney will be affixed to the Bid Bond. The surety issuing the Bid Bond will be listed in the latest published State of California, Department of Insurance list of, “Insurers Admitted to Transact Surety Insurance in This State.”

City of Monterey Park Specification No. 2022-011
SECTION B. BIDDING INSTRUCTIONS Page B. 6

10.4. The City will retain Bid Security until the occurrence of one of the following:

10.4.1. All items required by the Bidding Documents have been furnished and the Agreement has been signed by the successful Bidder and the City.

10.4.2. The specified time has elapsed during which Bids may be withdrawn.

10.4.3. All Bids have been rejected.

10.5. The Bid Form, Bid Security, and all other documents required to be submitted with the Bid will be submitted electronically via the online electronic bid serv ice, Quest Construction Data Network (QuestCDN), www.questcdn.com.

10.6. If the Bidder provides a copy of a Bid Security or a copy of a certified cashier’s check electronically via the online electronic bid service, the original must be provided to the City by t he end of the fifth business day after the bid opening. Not submitting the original Bid Security, the Bid will be considered as non-responsive bid.

10.7. Bidder will assume full responsibility for timely delivery at the location designated for receipt of Bids.

10.8. Oral, telephonic, facsimile, or telegraphic Bids are invalid and will not be accepted.

11. MODIFICATION OR WITHDRAWAL OF BID.

11.1. Before the Bid Deadline, a submitted Bid may be modified or withdrawn.

Notice of such action will be given to the City in writ ing and signed by the Bidder’s authorized representative. A change so made will be so worded as not to reveal the amount of the original Bid.

11.2. A withdrawn Bid may be resubmitted up to the Bid Deadline, provided that it then fully complies with the Bidding Requirements.

11.3. Bid Security will be in an amount sufficient for the Bid as modified or resubmitted.

11.4. Bids may not be modified, withdrawn, or canceled within sixty (60) days after the Bid Deadline unless otherwise provided in Supplementary Instructions to Bidders.

City of Monterey Park Specification No. 2022-011
SECTION B. BIDDING INSTRUCTIONS Page B. 7

12. OPENING OF BIDS. Bids submitted in the manner required by these instructions and are received on or before the Bid Deadline will be opened publicly.

13. REJECTION OF BIDS.

13.1. The City will have the right to reject all Bids.

13.2. The City will have the right to reject any Bid not accompanied by the required Bid Security or any other item required by the Bidding Documents, or a Bid which is in any other way materially incomplete or irregular.

14. AWARD.

14.1. The City may retain all bids f or a period of sixty (60) days for examination and comparison, and to delete any portion of the work from the contract.

14.2. The City will have the right to waive nonmaterial irregularities in a Bid and to accept the lowest responsive Bid as determined by The City.

14.3. The City will have the right to accept Alternates in any order or combination, unless otherwise specifically provided in the Bidding Documents.

14.4. The City will determine the low Bidder on the basis of the sum of the Lump Sum Base Bid plus all unit p rices multiplied by their respective estimated quantities as stated in the Bid Form, if any, plus the Contractor Delay Damages multiplied by the “multiplier” as stated in the Bid Form, plus the amounts of all accepted Alternates.

14.4.1. Inclusion of Contractor Delay Damages within the Bid Form is solely for the purpose of determining the low bidder and establishing the City’s maximum daily liability as a result of City delays to Contractor, if any, and City has no obligation to pay any daily Contractor Delay Damages except as provided for in these Contract Documents for Compensable Delays. In the event that City becomes liable to Contractor for compensable delays, City agrees to pay Contractor the daily Contractor Delay Damages set forth in the Proposal Form or Co ntractor’s actual daily delay damages, whichever is less, for each day of Compensable Delay as provided for by these Contract Documents.

14.5. The City will select the apparent lowest responsive and responsible Bidder and notify such Bidder within thirty (30) da ys (unless number of days is modified in Supplementary Instructions to Bidders) after the Bid Deadline or reject all bids. Within ten (10) days after receiving the City’s notice that Bidder was selected as the apparent lowest responsible Bidder, Bidder will submit to the City all of the following items:

City of Monterey Park Specification No. 2022-011
SECTION B. BIDDING INSTRUCTIONS Page B. 8

14.5.1. Three originals of the Agreement signed by Bidder.

14.5.2. Three originals of the Payment Bond.

14.5.3. Three originals of the Performance Bond.

14.5.4. Certificates of Insurance on form provided by the City.

14.5.5. Names of all Subcontractors, with their addresses, telephone number, facsimile number, trade on Bidders’ company stationery.

Evidence, as required by the City, of the reliability and responsibility of the proposed Subcontractors such as statements of experience, statements of financial condition, and references.

14.5.6. Preliminary Contract Schedule.

14.5.7. Selection of Retention Options and Escrow Agreement for Deposit of Securities in Lieu of Retention and Deposit of Retention.

If not submitted, the City will withhold retention.

14.5.8. Cost Breakdown.

14.6. Before award of the Contract, the City will notify Bidder in writing, if the City objects to a Subcontractor proposed by Bidder, in which case Bidder will propose a substitute acceptable to the City. Failure of the City to object to a proposed Subcontractor before award will not preclude the City from requiring r eplacement of any Subcontractor based upon information received subsequent to award, information which cannot be properly evaluated before award due to time constraints, or information relating to a failure to comply with the requirements of the Contract.

14.7. If Bidder submits the three original signed Agreements and all other items within ten (10) days after receiving the City’s notification, and all such items comply with the requirements of the Bidding Documents, the City will award the Contract to Bidder b y signing the Agreement and returning a signed copy of the Agreement to Bidder.

14.8. If the City consents to the withdrawal of the Bid of the apparent lowest responsible Bidder, or the apparent lowest responsible Bidder fails or refuses to sign the Agreement or submit to the City all of the items required by the Bidding Documents, within ten (10) days after receiving the City’s notification, or the City determines that the Bidder is not financially or otherwise qualified to perform the Contract, the City may r eject such Bidder’s Bid and select the next apparent lowest responsible Bidder, until all bids are exhausted, or reject all Bids.
--END OF SECTION--

City of Monterey Park Specification No. 2022-011
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 1 SECTION C. BIDDERS PROPOSAL
(Entire section C shall be submitted with the bid)

BIDDER’S NAME:__________________________________________________

In accordance with the City ’s Notice Inviting Sealed Bids, the undersigned BIDDER, hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated project as set forth in the Plans, Specifications, and contract documents therefore, and to perform all work in the manner and time prescribed therein.

BIDDER declares that this proposal is based upon careful examination of the work site, Plans, Specifications, Instructions to Bidders, and all other contract documents. If this proposal is accepted for award, BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to the City of Monterey Park of the guarantee accompanying this proposal.

BIDDER understands that a bid is required for the entire work. The contract will be awarded on the prices shown on the bid schedule. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties and fees. In the case of discrepancies in the amounts of bid, unit prices shall govern over extended amount, and words shall govern over figures.

If awarded the Contract, the undersigned further agrees that in the event of the BIDDER’S default in executing the required contract and filing the necessary bonds and insurance certificates within ten working days after the date of the City’s notice of award of contract to the BIDDER, the proceeds of the guarantee accompanying this bid shall become the property of the City and this bid and the acc eptance hereof may, at the City ’s option, be considered null and void.

BID SCHEDULE
To the Monterey Park’s City Council, herein called the “Council”.

Pursuant to and in compliance with your Notice Inviting Bids and the other documents relating thereto, the undersigned bidder, having familiarized himself with the work, and with the terms of the contract, the local conditions affecting the performance of the contract, and the cost of the work at the place where the work is done, and with the drawings and specifications and other contract documents, hereby proposes and agrees to perform, within the time stipulated, the contract, including all of its component parts, and everything required to be performed, and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all applicable taxes, utility and transportation services necessary to perform the contract and complete in a workmanlike manner, all in strict conformity with the Contract Documents on file at the office of the City Clerk of said City, per the following bid schedule:

City of Monterey Park Specification No. 2022-011
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 2

BID SCHEDULE
For FY 22-23 Concrete Improvements Project including Sidewalks, Curb & Gutters, and Bus Pads, Specification No. 2022-011
No. Bid Item Description Quantity Unit Unit Bid Total Bid 1 Remove existing and construct new PCC curb and
gutter per SPPWC, Std. Plan No: 120 -3, A2-8,
complete and in place . Locations as stated per
Sidewalk/Curb & Gutter Location Index (Appendix
A1).
422 LF $ $
2 Remove existing and construct new PCC Sidewalk,
4” thick per SPPWC, Std. Plan No. 112-2. Locations
as stated per Sidewalk/Curb & Gutter Location
Index (Appendix A4/A5).
17,442 SF $ $
3 Remove existing green pavers and construct new
PCC sidewalk, 4" thick per SPPWC, Std. Plan No.
112-2. Locations as stated per Paver Location Index
(Appendix A6).
6,451 SF $ $
4 Construct 1 2-inch PCC Bus Pad over 6-inch CAB
per SPPWC STD Plan 131 -3. Locations as stated
per Bus Pad Location Index (Appendix A7).
22 EA $ $
5 Construct PCC ADA ramps per SPPWC Standard
Plan No. 111-5 (Appendix A8/A9). 44 EA $ $
TOTAL BASE BID AMOUNT IN NUMBERS $
TOTAL BASE BID AMOUNT IN WORDS:

City of Monterey Park Specification No. 2022-011
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 3 The award of Contract shall be based on the TOTAL BASE BID AMOUNT.

In the case of discrepancies in the amount of bid, unit prices shall govern over extended amounts, and words shall govern over figures.

Full compensation for the items listed to
the right as Items A, B, C, D and E are
considered as inclusive in each Bid Item
listed above in the Bid Schedule as
applicable, and no additional and/or
separate compensation will be allowed.

A. Mobilization / Demobilization
B. Traffic Control
C. NPDES, WWECP, and Best
Management Practices (BMPs), Public
Convenience and Safety
D. Construction Staking by Land Surveyor
E. Clearing and Grubbing
The bid prices shall include any and all costs, including labor, materials, appurtenant expenses, taxes, royalties and any and all other incidental costs to complete the project, in compliance with the Bid and Contract Documents and all applicable codes and standards.

The City reserves the right to add, delete, increase or decrease the amount of any quantity shown and to delete any item from the contract and pay the contractor at the bid unit prices so long as the total amount of change does not exceed 25% (plus or minus) of the total bid amount for the entire project. If the change exceeds 25%, a change order may be negotiated to adjust unit bid prices.

All other work items not specifically listed in the bid schedule, but necessary to complete the work per bid and contract documents and all applicable codes and standards are assumed to be included in the bid prices.

A bid is required for the entire work, that the quantities set forth in the Bid Schedule are to calculate total bid amount, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed.

City of Monterey Park Specification No. 2022-011
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 4

DESIGNATION OF SUBCONTRACTORS
BIDDER proposes to subcontract certain portions of the work which are in excess of one- half of one percent of the bid and to procure materials and equipment from suppliers and vendors as follows:

Subcontractor Information Work to be Performed Dollar Amount Name:
$_________ Address:

Tel:

Name:
$_________ Address:

Tel:

Name:
$_________ Address:

Tel:

Name:
$_________ Address:

Tel:

Name:
$_________ Address:

Tel:

Name:
$_________ Address:

Tel:

Name:
$_________ Address:

Tel:

Total Subcontract Amount (shall not exceed 49% of Total Bid Amount) $_________

City of Monterey Park Specification No. 2022-011
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 5

REFERENCES
References shall be for projects constructed by the bidding company; references for other projects performed by principals or other individuals of the bidding company may not be included. References shall be either minimum from 3 Public Agencies; or minimum from 2 Public Agencies plus 2 Private Entities for which BIDDER has performed similar work within the past three years.

Reference 1
Agency Name
_________________________
Project Name and Brief Description

Contact Name and Title
_________________________
Tel:______________________
E-mail:___________________ Contract Value: $______ Year Completed:______

Reference 2
Agency Name
_________________________
Project Name and Brief Description

Contact Name and Title
_________________________
Tel:______________________
E-mail:___________________ Contract Value: $______ Year Completed:______

Reference 3
Agency Name
_________________________
Project Name and Brief Description

Contact Name and Title
_________________________
Tel:______________________
E-mail:___________________ Contract Value: $______ Year Completed:______

City of Monterey Park Specification No. 2022-011
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 6 Reference 4
Agency Name
_________________________
Project Name and Brief Description

Contact Name and Title
_________________________
Tel:______________________
E-mail:___________________ Contract Value: $______ Year Completed:______

SITE INSPECTION
The Bidder declares that he/she has carefully read and examined the plans, specifications, bid documents, and he/she has made a personal examination of the site (indicate name of the person, representing the bidder, who inspected the site and date below) and that he/she understands the exact scope of the Project without question.

Name of Person who inspected the site: _____________________ Date of Inspection: _____________________

ADDENDA ACKNOWLEDGMENT
The Bidder acknowledges receipt of the following Add enda and has included their provisions in this Proposal:

Addendum No.___________________ Dated________________
Addendum No.___________________ Dated________________
Addendum No.___________________ Dated________________
Addendum No.___________________ Dated________________
Addendum No.___________________ Dated________________
Addendum No.___________________ Dated________________

City of Monterey Park Specification No. 2022-011
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 7

EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE
BIDDER certifies that all previous contracts or subcontracts, all reports which may have been due under the requirements of any Agency, Site, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding.

AFFIRMATIVE ACTION CERTIFICATION
BIDDER certifies that affirmative action has been taken to seek out and consider minority business enterprises for those portions of work to be subcontracted, and that such affirmative actions have been fully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder. Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents.

City of Monterey Park Specification No. 2022-011
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 8

INSURANCE REQUIREMENTS
To be awarded this contract, t he successful bidder shall procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:

Type of Insurance Limits
Commercial general liability: $2,000,000
Business automobile liability $1,000,000
Workers compensation Statutory requirement.

Commercial general liability insurance shall meet or exceed the requirements of ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above shall be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies shall be endorsed to name the City, its officials, and employees as “addition al insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be carried by the City will be excess thereto. Such endorsement shall be reflected on ISO Form No. CG 20 10 11 85 o r 88, or equivalent. Such insurance shall be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City.

Automobile coverage shall be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto).

The Contractor shall furnish to the City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by the City from time to time. Insurance shall be placed with admitted insurers with a current A.M. Best Company Rating equivalent to at least a Rating of “A:VII.” Certificate(s) shall reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. The Contractor shall require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insure r to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.

By signing this form, the bidder certifies that it has read, understands, and will comply with these insurance requireme nts if it is selected as the City’s Contractor. Failure to provide this insurance will render the bidder’s proposal “nonresponsive.” Bidder’s Name: _______________________
Authorized Signature: _______________________
Name and Title: _______________________
Date: _______________________

City of Monterey Park Specification No. 2022-011
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 9 PUBLIC CONTRACT CODE SECTION 7106
Noncollusion Declaration by Bidder
The undersigned declares:

I am the ___________________________ of
_____________________________________, the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusiv e or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any pers on executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Bidder’s Name:

Authorized Signature:

Name and Title:

Date:

City of Monterey Park Specification No. 2022-011
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 10 PUBLIC CONTRACT CODE SECTION 10162
In conformance with the above Public Contract Code Section, the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder any officer of such bidder, or any employee of such bidder who has a proprietary interest in such bidder
has never been___ has been___ (indicate YES or NO after applicable answer) disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation, and if so to explain the circumstances.

If the answer is has been YES explain the circumstances below:

Bidder’s Name:

Authorized Signature:

Name and Title:

Date:

City of Monterey Park Specification No. 2022-011
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 11 PUBLIC CONTRACT CODE SECTION 10232
In conformance with above Public Contract Code Section , the bidder hereby declares under penalty of perjury under the laws of the State of California that no more than one final, unappealable finding of contempt of court by a federal court has not been____ has been____ (indicate YES or NO after applicable answer) issued against the bidder within the immediately preceding two -year period because of the contractor's failure to comply with an order of a federal court which orders the contractor to comply with an order of the National Labor Relations Board. For purposes of this section, a finding of contempt does not include any finding which has been vacated, dismissed, or otherwise removed by the court because the contractor has complied with the order which was the basis for the finding.

Bidder’s Name:

Authorized Signature:

Name and Title:

Date:

City of Monterey Park Specification No. 2022-011
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 12 PUBLIC CONTRACT CODE SECTION 10285.1
In conformance with above Public Contract Code Section , the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder or any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof
has never been___ has been___ (indicate YES or NO after applicable answer) convicted within the preceding three years by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including, for the purposes of this article, the Regents of the University of California or the Trustees of the California State University.

Bidder’s Name:

Authorized Signature:

Name and Title:

Date:

City of Monterey Park Specification No. 2022-011
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 13

BIDDER INFORMATION
Bidder’s Name:________________________________________________________ Address: _____________________________________________________________ Form of Legal Entity: _______________________________________________ If a Corporation, State of Incorporation: _______________________________ State Contractor’s Class and License No.: _______________________________ Contact Person Information:

Name:________________________________ Title:
______________________________
E-mail: _______________________________ Tel:
_______________________________
The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint venturers, and/or corporate officers having a principal interest in this proposal:
________________________________________________________________ ________________________________________________________________ ________________________________________________________________ The date(s) of any voluntary or involuntary bankruptcy judgements against any princip al having an interest in this proposal are as follows:
________________________________________________________________ ________________________________________________________________ All current and prior DBA’S, alias, and/or fictitious business names fo r any principal having an interest in this proposal are as follows:
________________________________________________________________ ________________________________________________________________ Previous contract performance history:

Was any contract terminated previously:_______
If the answer to the above is “yes”, provide the following information:

City of Monterey Park Specification No. 2022-011
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 14 Contract/project name and number: __________________________________ Date of termination:_______________________________________________ Reason for termination:____________________________________________ Owner’s name:___________________________________________________ Owner contact person and tel. no.: ___________________________________

IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles, hands, and seals of all aforementioned principals this ____ day of ___________, 20__.

BIDDER __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________

Subscribed and sworn to this _____ day of _______________, 20__.

NOTARY PUBLIC ______________________________________________________

City of Monterey Park Specification No. 2022-011
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 15

PROPOSAL GUARANTEE

BID BOND
Bond No.:_____________
KNOW ALL MEN BY THESE PRESENTS that _______________________________, as BIDDER, AND _____________________________, as SURETY, are held and firmly bound unto the City of Monterey Park, in the penal sum of _______________________ ($ )dollars, lawful money of the United States, which is 10 percent of the total amount bid by BIDDER to the City of Monterey Park for the FY 22-23 Concrete Improvements Project including Sidewalks, Curb & Gutters, and Bus Pads Specification No. 2022 -011 (“Public Project”), for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firm by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to the City of Monterey Park for the above stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of the City of Monterey Park.

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this ____ day of _______________, 20__.

SIGNED AND SEALED this day of , 20__.

PRINCIPAL SURETY

PRINCIPAL’s MAILING ADDRESS: SURETY’s MAILING ADDRESS:

NOTE: All signatures shall be acknowledged by a notary public.

City of Monterey Park Specification No. 2022-011
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 16

PROPOSAL GUARANTEE
CERTIFIED CHECK or CASHIER’S CHECK
As an Alternative to Bid Bond, Bidder can provide Certified Check or Cashier’s Check as follows

Accompanying this proposal is a certified check or a cashier's check payable to the order of the City of Monterey Park, in the amount of
________________________________________________($ ) dollars, lawful money of the United States, which is 10 percent of the total amount bid by BIDDER to the City of Monterey Park for the FY 22-23 Concrete Improvements Project including Sidewalks, Curb & Gutters, and Bus Pads Specification No. 2022 -011 (“Public Project”).

The proceeds of the same shall become the property of said City if, in case this proposal shall be accepted by said City through the City Council, the undersigned shall fail to execute a contract, with and furnish the insurance and bonds required by the City of Monterey Park within the specified time; otherwise, the same is to be returned to the undersigned as set forth in the Instructions to Bidders.

Bidder’s Name:

Authorized Signature:

Name and Title:

Date:

--END OF SECTION--

City of Monterey Park Specification No. 2022-011
SECTION D. STANDARD SPECIFICATIONS Page D.1
SECTION D. STANDARD SPECIFICATIONS

CITY OF MONTEREY PARK

PUBLIC WORKS DEPARTMENT

STANDARD SPECIFICATIONS

Except as modified by these Standard Specifications, the provisions of the latest edition of the “Standard Specifications for Public Works Construction” (“Greenbook”) and its supplements prepared and promulgated by the Southern California Chapters of the American Public Works Association and the Associated General Contractors of America, constitute the Standard Specifications for this project. THESE STANDARD

SPECIFICATIONS ARE INTENDED TO, AND DO, TAKE PRECEDENCE OVER ANY CONFLICTING PROVISION OF THE GREENBOOK.

1. NUMBERING OF SECTIONS

The numbering of these Standard Specifications is NOT intended to conform with the Greenbook. Rather, the numbering is specific for these Standard Specifications. As noted at the outset, however, the provisions contained within these Standard Specifications supersede any conflicting clauses within the Greenbook and govern the contractual relationship between the Parties.

2. MODIFICATIONS

To the extent that the provisions of the Contract Documents conflict with the Green Book, the Contract Documents take precedence.

3. DEFINITIONS

Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in these Standard Specifications.

Acceptance – The date on which the City Council accepts the Work as complete.

Architect, Design Engineers, Soils Engineer, Structural Engineers – Advisors employed by the City.

Bidder – Any individual, firm, partnership, corporation, or combination thereof, submitting a proposal for the work contemplated, acting directly or through a duly authorized representative.

Compensable Delay – a delay entitling the Contractor to an adjustme nt of the Contract Sum and an adjustment of the Contract Time in accordance with this Agreement.

Due Notice – A written notification, given in due time, of a proposed action where such notification is required by the contract to be given a specified interval of time (usually 48

City of Monterey Park Specification No. 2022-011
SECTION D. STANDARD SPECIFICATIONS Page D.2
hours or two working days) before the commencement of the contemplated act ion.

Notification may be from Public Works Director to Contractor or from Contractor to Public Works Director.

Public Works Director – The City Public Works Director, or designee, as defined in the Greenbook. Unless otherwise provided, all correspondence and decisions made relative to the contract will be by the City Public Works Director or designee.

PCC – California Public Contract Code.

Prompt – The briefest interval of time required for a considered reply, including time required for approval of a governing body.

(Check if applicable) State Standard Specifications - State of California Standard Specifications (https://dot.ca.gov/programs/design/ccs -standard-plans-and-standard- specifications).

Working Days – A working day is defined as any day, except Saturdays, Sundays, legal holidays and days when work is suspended by the Public Works Director.

4. ABBREVIATIONS
AAN American Association of Nurserymen
AGC Associated General Contractors of America
AISC American Institute of Steel Construction
APWA American Public Works Association
ASA American Standard Association
ASME American Society of Mechanical Engineers
IEEE Institute of Electric and Electronic Engineers
NEC National Electric Code
Greenbook The most current edition of the Standard Specifications for Public Works Construction, and subsequent supplements prepared by Public Works Standards, Inc.

WATCH Work Area Traffic Control Handbook
SPPWC Standard Plans for Public Works Construction by the American Public Works Association
SSPWC Standard Specifications for Public Works Construction by the American Public Works Association

5. ACCESS TO PROJECT SITE

Not later than the date designated in the City Notice to Proceed, the City will provide access to the real property and facilities upon which the Work is to be performed, including access to real property and facilities designated in the Contract Documents for the Contractor’s use.

6. SUBCONTRACTOR LISTING

City of Monterey Park Specification No. 2022-011
SECTION D. STANDARD SPECIFICATIONS Page D.3
Except as provided in PCC §§ 4100, et seq., each bidder will file with its bid the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor lic ensed by the State of California who, under subcontract to the prime contractor, specifically fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the prime contractor’s total bid. Only one subcontractor will be listed for each portion of the work, which portion will be defined in the bid. In each instance, the nature and extent of the work to be sublet will be described. The failure of the Contractor to specify a subcontractor, or the listing of more than one subcontractor for the same portion of the work, constitutes an agreement by the Contractor that it is fully qualified to perform that portion itself and that it will perform that portion itself.

The Contractor must have the City Council’s written consent to substitute a subcontractor other than that designated in the original bid, to permit any subcontract to be assigned or transferred, or to allow a subcontract to be p erformed by other than the original subcontractor.

Subcontracting of work for which no subcontractor was designated in the original bid, and which is more than one-half of one percent of the work, will be allowed only in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the City Council setting forth the facts constituting the emergency or necessity.

Violation of any of the above provisions will be considered a breach of the Contract, and the City may terminate the Contractor’s control over the Work, cancel the contract, or assess the Contractor a penalty of not more than 10 percent of the subcontract involved.

All persons engaged in the work, including subcontractors and their employees will be considered as employees of the Contractor. The Contractor will be solely responsible for and have control over construction means, methods, techniques, sequences, procedures, and the coordination of all portions of the Work. The City will deal directly with, and make all payments to, the prime Contractor.

When subcontracted work is not being prosecuted in a satisfactory manner, the Contractor will be notified to take corrective action. The Public Works Director may report the fac ts to the City Council. If the City Council so orders, and on receipt by the Contractor of written instructions from the Public Works Director, the subcontractor will be removed immediately from the Work. That subcontractor will not again be employed on the Work.

If licensure or proper licensure is controverted, then proof of licensure pursuant to this section must be made by production of a verified certificate of licensure from the Contractors’ State License Board which establishes that the individual or entity bringing the action was duly licensed in the proper classification of contractors at all times during

City of Monterey Park Specification No. 2022-011
SECTION D. STANDARD SPECIFICATIONS Page D.4
the performance of any act or contract covered by the action. Nothing in this subdivision requires any person or entity controver ting licensure or proper licensure to produce a verified certificate. When licensure or proper licensure is controverted, the burden of proof to establish licensure or proper licensure is on the licensee.

The Contractor will submit experience statements f or each subcontractor who will perform contract work that amounts to more than 10% of the Work.

7. CONTRACT BONDS

The Faithful Performance Bond and the Labor and Materials Bond must be paid and in effect for one year after the acceptance of the job by th e City in accordance with the guarantee required by the Greenbook.

The term “surety bond,” “guarantee,” and “bond” also includes such other acceptable security, such as letters of credit or cash deposit agreements issued by responsible financial institutions, which are approved by the City Attorney. Sureties must be admitted to do business in California.

8. CONTRACT DOCUMENTS

The Contractor will maintain the following at the Work site:

• One as-built copy of the Plans and Specifications, in good order and marked to record current changes and selections made during construction. As-built plans must be submitted to the City representative for approval before the City pays a final retention amount.

• The current accepted Contract Schedule.

• Shop Drawings, Product Data, and Samples.

• Approved permits from other agencies, including Cal -OSHA permits for trench shoring.

• All other required submittals.

The Plans, Specifications, and other Contract Documents will govern the Work. The Contract Documents are intended to be complementary and cooperative and to describe and provide for a complete project. Anything in the Specifications and not on the Plans, or on the Plans and not in the Specifications, will be as though shown or mentioned in both.

Payment for any items on the plans for which there is no specific bid item will be included in the various items of work or in any item to which it is appurtenant.

City of Monterey Park Specification No. 2022-011
SECTION D. STANDARD SPECIFICATIONS Page D.5
If the Contractor performs any work which it knows or should know involves an error, inconsistency, or omission without notifying and obtaining written consent from the Public Works Director, the Contractor will be responsible for the resulting losses, including, without limitation, the costs of correcting defective work.

9. PRECEDENCE OF CONTRACT DOCUMENTS

As the figured dimensions shown on the plans and in the specifications of the Contract may not in every case agree with scaled dimensions, the figured dimensions will be followed in preference to the scaled dimensions and plans to a large scale will be followed in preference to the plans to a small scale. Should it appear that the work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained in the Contract, the Co ntractor will apply to the Public Works Director for such further explanations as may be necessary and will conform thereto as part of the Contract so far as may be consistent with the terms thereof. Any items shown on drawings and not mentioned in the specifications will be of like effect as if shown or mentioned in both.

10. ACCURACY OF PLANS AND SPECIFICATIONS

Although it is believed that much of the information pertaining to conditions and existing utilities that may affect the cost of the Work will be shown on the Plans or indicated in the Specifications, the City does not warrant the completeness or accuracy of such information.

The Contractor will carefully study and compare each of the Contract Documents with the others and with information furnished by the City and will promptly report in writing to the Public Works Director any errors, inconsistencies, or omissions in the Contract Documents or inconsistencies with applicable law observed by the Contractor.

The Contractor will take field measurements, verify field conditions, perform soil investigations, and carefully compare with the Contract Documents such field measurements, conditions, and other information known to the Contractor before commencing the Work. Errors, inconsistencies, or omissions discovered at any time will be promptly reported in writing to the Public Works Director.

11. RIGHT-OF-WAY

When the Contractor arranges for additional temporary work areas and facilities, the Contractor will provide the City with proof that the additional work areas or facilities were left in a condition satisfactory to the owner(s) of said work areas or facilities before acceptance of the work.

12. SURVEYING

City of Monterey Park Specification No. 2022-011
SECTION D. STANDARD SPECIFICATIONS Page D.6
The Contractor will provide for all construction surveying required to layout, monitor and complete the work. The surveying will be performed by a Land Surveyor or Civil Engineer authorized to practice land surveying by the State of California.

The Contractor will establish all necessary control lines based on the plans and record information on file with the County of Los Angeles Surveyor and the Public Works Director.

It is the Contractor’s responsibility to protect the survey control as shown on the plans. If the survey control is destroyed or disturbed during construction, the Contractor will provide for resetting them and file appropriate documents with the County of Los Angeles at the direction of the Public Works Director.

Computations, survey notes, and other data used to accomplish the work will be neat, legible and accurate. Copies of all computations, survey notes, and other data (electronic format may be required) will be furnished to the Public Works Director before beginning work that requires their use.

13. MEASUREMENT AND PAYMENT

Construction Survey – Unless a separate bid item is provided, payment will be considered included in the other items of the bid and no additional payment will be made therefore.

14. BASIS FOR ESTABLISHING COSTS

Regardless of ownership, the rates to be used in determining the equipment usage costs will not exceed those listed for the same or similar equipment in the California State Department of Transportation publication of Labor Surcharge and Equipment Rates effective for the period of usage.

15. MARK UP

Work by Contractor. The following percentages will be added to the Contractor’s costs and will constitute the markup for all overhead and profits.

Labor .................................................... 20 Materials .................................................... 15 Equipment Rental .................................................... 15 Other Items and Expenditures .............................................. 15

To the sum of the costs and markups provided for in this subsection, 1 percent will be added as compensation for bonding. No other formula, e.g., the Eichleay or other method, may be used to calculate daily damages for office overhead, profit, or other purported loss.

City of Monterey Park Specification No. 2022-011
SECTION D. STANDARD SPECIFICATIONS Page D.7
Work by Subcontractors. When all or any part of the extra work is performed by a Subcontractor, the markup established in this Section will be applied to the Subcontractor’s actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor.

In the event that City becomes liable to Contractor for compensable delays, City agrees to pay Contractor the daily Contractor Delay Damages set forth in the Bid Form or Contractor’s actual daily delay damages, whichever is less, for each day of Compensable Delay as provided for by these Contract Documents.

16. DAILY REPORTS BY CONTRACTOR

If disagreement continues regarding extra work, the Contractor may seek compensation in accordance with the Claims procedure. Daily Reports required by this subsection must be made part of the Claim as supporting data for the Claim.

17. CHANGED CONDITIONS

If the Contractor encounters concealed or unknown conditions that differ materially from those anticipated or expected (“changed conditions”), the Contractor will immediately notify the Public Works Director in writing of such changed conditions (upon discovery and before disturbing such changed conditions), so that the Public Works Director can determine if such conditions require design details that differ from those design details shown in the Contract Documents. Notwithstanding any other time period, the Contractor is liable to City for any extra costs incurred as a result of the Contractor’s failure to promptly give such notice.

Changed conditions include, without limitation, the following:

• Subsurface or latent physical conditions differing materially from those represented in the Contract Documents;

• Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and

• Material differing from what is represented in the Contract which the Contractor believes may be hazardous waste as defined in California Health & Safety Code § 25117 that is required to be removed to a Class I, II, or III disposal site in accordance with applicable law.

The Public Works Director will promptly investigate conditions that appear to be changed conditions. The Public Works Director’s decision, and any dispute regarding that

City of Monterey Park Specification No. 2022-011
SECTION D. STANDARD SPECIFICATIONS Page D.8
decision, will be made in accord ance with the Greenbook except that the Public Works Director will render a decision promptly.

Any information provided pursuant to INFORMATION AVAILABLE TO BIDDERS is subject to the following provisions:

• The information is made available for the Bidders’ convenience and is not a part of the Contract.

• The City has not determined the accuracy or completeness of such information and all such information is made available to Bidders without any representation or warranty by the City whatsoever as to its accuracy, completeness, or relevancy.

• Bidders will independently evaluate such information for their use and will be solely responsible for use or interpretation of such information. Any such use or interpretation will not be the basis of any claim against the City.

18. DISPUTED WORK

If the Contractor and the City do not reach agreement on disputed work, the City may direct the Contractor to proceed with the work. Any payment for the disputed work will be determined pursuant to the claims procedures in these Standard Specifications.

Although not to be construed as proceeding under extra work provisions, the Contractor will keep and furnish records of disputed work as required by the Contract Documents.

19. INSPECTION REQUIREMENTS

Unless otherwise specified, inspection at the source of production for such materials and fabricated items as bituminous paving mixtures, structural concrete, fabricated metal products, cast metal products, welding, reinforced and unreinforced concrete pipe, application of protective coatings, and similar shop and plant operations is not required.

A certificate of compliance, signed by an authorized officer of the producer, certifying compliance with the contract documents will be submitted for all of the following materials: steel pipe, sizes less than 18 inches; vitrified clay pipe; asbestos cement pipe; cast iron pipe; reinforced concrete pipe; non -reinforced concrete pipe; and PVC sewer and water pipe; subject to sampling and testing by City.

Standard items of equipment, such as electric motors, conveyors, plumbing fittings and fixtures, lumber, plywood, and so on, are subject to inspection at the job site.

All other equipment items will be inspected and tested in accordance with the contract documents.

The City does not provide full time inspection. The C ontractor will provide 24 -hour minimum notice for each inspection required by the work unless other arrangements have been agreed upon, in writing, with the Public Works Director. Any inspection

City of Monterey Park Specification No. 2022-011
SECTION D. STANDARD SPECIFICATIONS Page D.9
required outside of normal working hours and days, including holidays, will be at the Contractor’s cost at rates established by the City.

20. INSPECTION OF MATERIALS NOT PRODUCED LOCALLY

Contractor purchased materials, fabricated items, and equipment, produced at sources located more than 50 miles outside the corporate limits of the City, and which are specified to be inspected in the Contract Documents, will be inspected by inspectors or testing laboratories arranged for and paid for by City. Report of such inspection must be submitted to the City. If any item ins pected fails to meet the specified criteria, the Contractor will pay all costs for reinspection, and such costs may be deducted from payments due to the Contractor.

21. TRADE NAMES OR EQUALS

Whenever any material, product, equipment, or service is specified by brand, trade, or proprietary name, the item so specified will be deemed to be followed by the words “or equal.”

For the City’s consideration of a proposed “equal” item, the Bidder must submit, a minimum of 10 calendar days before the date of the bid opening, documentation of the particulars of the proposed “equal item.” At a minimum, the submitted documentation will include:

• Written request with explanation of why the product should be considered as an equal product.
• Material specifications.
• Technical specifications.
• Test data.
• Samples.
• Comparison chart of key specifications of the “equal” item against similar specifications of the specified item.
• Work locations and reference telephone numbers of at least three (3) locations where the proposed “equal” item has been recently installed under similar conditions.
• Warranty data.

The Bidder will be notified by the Public Works Director whether or not the proposed “equal” product is acceptable to the City five calendar days before the date of the bid opening. Failure to submit all required documentation and/or submittal of incomplete documents may result in the City’s rejection of the proposed “equal” product without further consideration.

22. PROTECTION

City of Monterey Park Specification No. 2022-011
SECTION D. STANDARD SPECIFICATIONS Page D.10
If the Contractor, while performing the Work, discovers utility facilities not identified correctly or not shown in the contract plans or specifications by the City, the Contractor will immediately notify the City and utility owner in writing.

23. RESPONSIBILITY OF UTILITY REMOVAL OR RELOCATION

The City is responsible to arrange for the removal, repair, or relocation of existing utilities located within the project limits if such utilities are not correctly identified in the contract plans or specifications by the City. The City has sole discretion to perform repairs or relocation work or permit the Contractor to do such repairs or relocation.

24. DELAYS

Actual loss is understood to include no items of expense other than idle time of equipment and necessary payments for idle time of workers, cost of extra moving of equipment, and cost of longer hauls. Compensation for idle time of equipment and idle time of workers will be determined by these Standard Specifications and no markup will be added in either case for overhead and profit. The cost of extra moving of equipment and the cost of longer hauls will be paid for as extra work.

25. CALCULATING IDLE TIME

Equipment and worker idle time is calculated in accordance with these Standard Specifications and the Greenbook; it is based upon the actual normal working time during which the delay condition exists, but in no case will exceed 8 hours in any one day. The days for which compensation will be paid will be the calendar days, excluding Saturdays, Sundays and legal holidays, during the existence of the delay.

26. CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK

A. Pre-Construction Meeting:

After contract award, City will arrange for a pre -construction meeting to discuss the construction of the project. City will invite utility agencies and the contractor will arrange for all of its sub-contractors to attend the meeting.

B. Contract Schedule

After notification of award and before starting any work, the Contractor will submit a Contract Schedule to the Public Works Director for review, as required by these Standard Specifications within 15 calendar days of award.

C. Contract Schedule Content

The Contract Schedule, and any updated Contract Schedule, will meet the following requirements:

City of Monterey Park Specification No. 2022-011
SECTION D. STANDARD SPECIFICATIONS Page D.11

• Schedules must be suitable for monitoring progress of the Work. • Schedules must provide necessary data about the time for the Public Works Director’s decisions.
• Schedules must be sufficiently detailed to demonstrate adequate planning for the Work.
• Schedules must represent a practical plan to complete the Work within the Contract Time.
• Schedules must show the critical path method for completing the Work.

The Public Works Director’s review of the form and general content of the Contract Schedule and any updated Contract Schedules is only for the purpose of determining if the listed requirements are satisfied, nothing more.

D. Effect of Contract Schedule

The Contract Schedule, and any updated Contract Schedules, will represent a practical plan to complete the Work within the Contract Time. Extension of any schedule beyond the Contract Time will not be acceptable. Schedules showing the Work completed in less than the Contract may be acceptable if judged by the Public Works Director to be practical. Acceptance of such a schedule by the Public Works Director will not change the Contract Time. The Contract Time, not the Contract Schedule, will control in determining liquidated damages payable by the Contractor and in determining any delay.

If a schedule showing the Work completed in less than the Contract Time is accepted, the Contractor will not be entitled to extensions of the Contract Time for Excusable Delays or Compensable Delays or to adjustments of the Contract Sum for Compensable Delays until such delays extend the completion of the Work beyond the expiration of the Contract Time.

The Contractor will plan, develop, supervise, control, and coordinate the performance of the Work so that its progress and the sequence and timing of Work activities conform to the current accepted Contract Schedule. The Contractor will continuously obtain from Subcontractors information and data about the planning for and progress of the Work and the delivery of equipment, will coordinate and integrate such information and data into updated Contract Schedules, and will monitor the progress of the Work and the delivery of equipment. The Contractor will act as the expeditor of potential and actual delays, interruptions, hindrances, or disruptions for its own forces and those forces of Subcontractors. The Contractor will cooperate with the Public Works Director in developing the Contract Schedule and updated Contract Schedules.

The Public Works Director’s review and comments about any schedule or scheduling data will not relieve the Contractor from its sole responsibility to plan for, perform, and complete the Work within the Contract Time. Review and comments about any schedule will not transfer responsibility for any schedule to the Public Works Director or City nor

City of Monterey Park Specification No. 2022-011
SECTION D. STANDARD SPECIFICATIONS Page D.12
imply their agreement with (1) any assumption upon which such schedule is based or (2) any matter underlying or contained in such schedule.

The Public Works Director’s failure to discover errors or omissions in schedules that have been reviewed, or to inform the Contractor that the Contractor, Subcontractors, or others are behind schedule, or to direct or enforce procedures for complying with the Contract Schedule will not relieve the Contractor from its sole responsibility to perform and complete the Work within the Contract Time and will not be a cause for an adjustment of the Contract Time or the Contract Sum.

The Contractor will perform the Work in accordance with the currently accepted Contract Schedule.

E. Commencement of Contract Time

The Contract Time will commence when the City issues a Notice to Proceed. The Work will start on the date specified in the Notice to Proceed and within a maximum of 15 calendar days a fter the date of the Notice to Proceed and be diligently prosecuted to completion with the time provided in the Specifications.

27. DEFAULT BY CONTRACTOR

A. General

Should the Contractor fail to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fail to maintain the Work schedule (as determined by the current accepted Contract Schedule) which will ensure the City’s interest, or if the Contractor is not carrying out the intent of the Contract, the City may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract.

B. Termination of Contractor’s Control Over the Work

City may terminate the Contractor’s control over the Work without liability for damages when, in the City’s opinion, the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the City’s consent. Should such termination occur, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity and quality of the Work completed at the time of termination, less damages caused to the City by the Contractor’s action or inaction.

In the event of such termination of control, the City may do any one, or combination of, the following:

City of Monterey Park Specification No. 2022-011
SECTION D. STANDARD SPECIFICATIONS Page D.13
• Serve written notice upon the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. In such event the Surety will, within 5 days, assume control and perform the Work as successor to the Contractor; • The City may perform the Work itself and deduct the cost thereof from any payment due to the Contractor;
• The City may replace the Contractor with a different contractor to complete the work and deduct the cost thereof from any payment due to the Contractor.

Nothing herein will waive, or serve as a limitation upon, any additional remedy the City may have under these Contract Documents or applicable law.

C. Surety’s Assumption of Control

Should the Surety assume any part of the Work, it will take the Contractor’s place in all respects for that part and will be paid by the City for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default will be payable t o the Surety as the Work progresses, subject to the terms of the Contract.

If the Surety does not assume control and perform the Work within five days after receiving notice of cancellation, or fails to continue to comply, the City may exclude the Surety from the premises. The City may then take possession of all material and equipment and complete the Work by City’s forces, by letting the unfinished work to another contractor, or by a combination of such methods. In any event, the cost of completing the Work will be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the City. If the sums due under the Contract are insufficient for completion, the Contractor or Surety will pay to the City within five days of completion, all costs in excess of the sums due.

The provisions of this subsection will be in addition to all other rights and remedies available to the City under applicable law.

28. DELAYS AND EXTENSIONS OF TIME

A. General

If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays except as otherwise provided herein. Excusable delay may include war, earthquakes exceeding 3.5 on the Richter Scale, government regulation, labor disputes outside the contemplation of the parties, strikes outside the contemplation of the parties, f ires, floods, changes to the Work as identified herein, or other specific events that may be further described in the Specifications.

City of Monterey Park Specification No. 2022-011
SECTION D. STANDARD SPECIFICATIONS Page D.14
Delays to the project caused by labor disputes or strikes involving trades not directly related to the project, or involv ing trades not affecting the project as a whole will not warrant an extension of time.

The City will not grant an extension of time for a delay by the Contractor’s inability to obtain materials unless the Contractor furnishes to the Public Works Director documentary proof. The proof must be provided in a timely manner in accordance with the sequence of the Contractor’s operations and accepted construction schedule.

Should delays be caused by events other than those included herein, the Public Works Director may, but is not required to, deem an extension of time to be in the City’s best interests.

B. Extensions of Time

If granted, extensions of time will be based upon the effect of delays to the critical path of the Work as determined by the current accepted Contract Schedule. Delays to minor portions of the Work that do not affect the critical path will not be eligible for extensions of time.

C. Payment for Delays to Contractor

Any payment for compensable delay will be based upon actual costs excluding, without limitation, what damages, if any, the Contractor may have reasonably avoided. The Contractor understands that this is the sole basis for recovering delay damages and explicitly waives any right to calculate daily damages for office overhead, profit, or other purported loss, using different formulas including, without limitation, the Eichleay Formula.

D. Written Notice and Report

If the Contractor desires payment for a delay or an extension of time, it will give the Public Works Director written notice of such request not later than the time limit set forth in the Proposal for submitting a claim after the event or occurrence giving rise to a delay claim.

Failure to submit a written request within such amount of time will result in the Contractor waiving its delay claim.

Any claim for payment or an extension of time must be in the form required by the “Claims” sections of these Standard Specifications.

In no event will the City grant the Contractor an extension of time if the delay is within the Contract Time as identified by the Contract Documents.

WORKDAYS AND WORKING HOURS

City of Monterey Park Specification No. 2022-011
SECTION D. STANDARD SPECIFICATIONS Page D.15
City Hall is ordinarily open from Monday thru Thursday during normal working hours (8 a.m. to 6:00 p.m.). City Hall is closed on Fridays and on the following holidays:

New Year’s Day - January 1
Martin Luther King, Jr. Day - January 17
President’s Day - February 21
Memorial Day - May 30
Independence Day - July 4
Labor Day - September 05
Veterans’ Day - November 11
Thanksgiving - November 24
Christmas Eve - December 24
Christmas - December 25
New Year’s Eve - December 31

If the Contractor requests an inspection on a day when City Hall is closed, then the Contractor will have to reimburse the City for the costs of inspection. The Contractor must request such an inspection at least 48 hours in advance. City inspections during hours when City Hall is closed are subject to inspection overtime fees to be paid for by the Contractor. Friday work that does not require inspection can be done without an inspection fee and must be discussed with City staff before its occurrence. If the Contractor does construction on a Friday or a day when City Hall is closed, that day is counted as a project working day.

On workdays, Contractor’s activities will be confined to the hours between 7:00 a.m. and 4:00 p.m.

A. Night Work

Except as otherwise provided in the Technical Specifications or separate permit, City does not permit Work between the hours of 4 p.m. and 7 a.m. of the following day.

B. Weekend and Holiday Work

The Public Works Director may, but is not required to, allow the Contractor to work on Saturdays, Sundays and City Holidays.

30. COMPLETION AND ACCEPTANCE

The Work will be inspected by the Public Works Director for acceptance upon the Public Works Director receiving the Contractor’s written assertion that the Work is complete.

If, in the Public Works Director’s judgment, the Work is complete and is ready for acceptance, the Public Works Director will accept the Work on behalf of the City in the manner prescribed by the City. Once a Notice of Completion is issued, the Contractor is relieved from responsibility to protect the Work.

City of Monterey Park Specification No. 2022-011
SECTION D. STANDARD SPECIFICATIONS Page D.16

All work will be guaranteed by the Contractor against defecti ve workmanship and materials furnished by the Contractor for a minimum period of one year from the date the Work was completed. The Contractor will replace or repair any such defective work in a manner satisfactory to the Public Works Director, after notic e to do so from the Public Works Director, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the City may perform this work and the Contractor’s sureties will be liable for the cost thereof.

31. LIQUIDATED DAMAGES

If all the Work is not completed before or upon the expiration of the Contract Time, City will sustain damage. Since it is and will be impracticable to determine the actual damage which the City will sustain in the event of and by reason of such delay, it is agreed that the Contractor will pay to the City the sum specified in the Proposal for each and every calendar day beyond the time prescribed to complete the work not as a penalty, but as a predetermined liquidated damage. The Contractor agrees to pay such liquidated damages as are herein provided, and in case the same are not paid, agrees that the City may deduct the amount thereof from any money due or that may become due to the Contractor under the contract.

Unless otherwise specified, liquidated damages will be $1000 per calendar day.

32. DISPUTES AND CLAIMS; PROCEDURE

A. General

Consistent with PCC §§ 9204 and 10240.6, “Claim” means a written demand or assertion by the Contractor that seeks an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time, or other relief with respect to the Contract Documents, including a determination of disputes or matters in question between the City and the Contractor arising out of or related to the Contract Documents or the performance of the Work, and claims alleging an unforeseen condition or an act, error, or omission by the City, the Public Works Director, their agents or employees. “Claim” does not mean, and the Claims procedures herein do not apply, to the following:

• Claims respecting penalties for forfeitures prescribed by statute or regulations, which a government agency is specifically authorized to administer, settle, or determine.
• Claims respecting personal injury, death, reimbursement, or other compensation arising out of or resulting from liability for personal injury or death. • Claims respecting a latent defect, breach of warranty, or guarantee to repair. • Claims respecting stop notices.

If a Claim is subject to the Change Order procedures, the Claim arises upon the issuance of a written final decision denying in whole or in part the Contractor’s Change Order

City of Monterey Park Specification No. 2022-011
SECTION D. STANDARD SPECIFICATIONS Page D.17
Request. If a Claim is not subject to the Change Order Procedures, the Claim aris es when the Contractor discovers, or reasonably should discover, the condition or event giving rise to the Claim. The requirements of this Section are intended to supplement and implement PCC § 9204, a copy of which is attached for reference. Accordingly, pursuant to PCC § 9204(f), the parties agree to utilize these Standard Specifications.

B. Form

A Claim must include the following:

• A statement that it is a Claim and a request for a decision.

• A detailed description of the act, error, omission, unforeseen condition, event or other condition giving rise to the Claim.

• If the Claim is subject to the Change Order procedures, a statement demonstrating that a Change Order Request was timely submitted and denied.

• A detailed justification for any reme dy or relief sought by the Claim, including to the extent applicable, the following:

➢ If the Claim involves extra work, a detailed cost breakdown claimed. The breakdown must be provided even if the costs claimed have not been incurred when the Claim is submitted.

➢ To the extent costs have been incurred when the Claim is submitted, the Claim must include actual cost records (including, without limitation, payroll records, material and rental invoices) demonstrating that costs claimed have actually been incurred.

➢ To the extent costs have not yet been incurred at the time the Claim is submitted, actual cost records must be submitted on a current basis not less than once a week during any time period costs are incurred. A cost record will be considered current if submitted within seven calendar days of the date the cost reflected in the record is incurred. At the Public Works Director’s request, claimed extra costs may be subject to further verification procedures (such as having an inspector verify the performance of alleged extra work on a daily basis).

• If the Claim involves an error or omission in the Contract Documents:

➢ An affirmative representation that the error or omission was not discovered before submitting a bid for the Contract; and

City of Monterey Park Specification No. 2022-011
SECTION D. STANDARD SPECIFICATIONS Page D.18
➢ A detailed statement demonstrating that the error or omission reasonably should not have been discovered by the Contractor, its Subcontractors and suppliers, before submitting a bid for the Contract.

• If the Claim involves an extension of the Contract Time, written documentation demonstrating the Contractor’s entitlement to a time extension.

• If the Claim involves an adjustment of the Contract Sum for delay, written documentation demonstrating the Contractor’s entitlement to such an adjustment.

• A personal certification from the Contractor that reads as follows:

“I, , BEING THE (MUST BE AN

OFFICER) OF (CONTRACTOR
NAME),

DECLARE UNDER PENALTY OF PERJURY UNDER CALIFORNIA LAW, AND DO

PERSONALLY CERTIFY AND ATTEST THAT I HAVE THOROUGHLY REVIEWED THE

ATTACHED CLAIM FOR ADDITIONAL COMPENSATION OR EXTENSION OF TIME, AND KNOW ITS CONTENTS, AND SAID CLAIM IS MADE IN GOOD FAITH; THE SUPPORTING DATA IS TRUTHFUL AND ACCURATE; THAT THE AMOUNT

REQUESTED ACCURATELY REFLECTS THE CONTRACT ADJUSTMENT F OR WHICH THE CONTRACTOR BELIEVES CITY IS LIABLE; AND, FURTHER, THAT I AM FAMILIAR WITH CALIFORNIA PENAL CODE § 72 AND CALIFORNIA GOVERNMENT CODE § 12650, ET SEQ., PERTAINING TO FALSE CLAIMS, AND FURTHER KNOW

AND UNDERSTAND THAT SUBMITTING OR CERTIFYING A F ALSE CLAIM MAY LEAD TO FINES, IMPRISONMENT, AND OTHER SEVERE LEGAL CONSEQUENCES.”

C. Claims Submitted to Public Works Director

Within 30 calendar days after the circumstances giving rise to a Claim occur, the Contractor will submit its Claim to the Publi c Works Director for a decision. Regardless of any Claim submittal, or any dispute regarding a Claim, unless otherwise directed by the Public Works Director, the Contractor will not cause any delay, cessation, or termination of the Work, but will diligently proceed with the performing the Work in accordance with the Contract Documents. Except as otherwise provided, the City will continue to make payments in accordance with the Contract Documents.

D. Claim Is Prerequisite to Other Remedy

The Contractor certifies that it is familiar with PCC § 10240.2 and understands and agrees that submitting a Claim in accordance with these Specifications is an express condition precedent to the Contractor’s right to otherwise pursue a claim whether through alternative dispute resolution or by litigation. Should the Contractor fail to submit a claim in accordance with these Specifications, including the time limits set forth herein, it will waive any right to a remedy, whether in law or equity, it might other wise have pursuant to the Contract Documents or applicable law.

City of Monterey Park Specification No. 2022-011
SECTION D. STANDARD SPECIFICATIONS Page D.19

E. Decision on Claims

The Public Works Director will promptly review Claims submitted by the Contractor in accordance with these Standard Specifications. Should the Public Works Director require additional supporting evidence to evaluate the claim, the Public Works Director will request such additional information in writing. Any such requested data will be furnished not later than 10 calendar days after the Contractor receives the Public Works Director’s request.

The Public Works Director will render a decision not later than 30 calendar days after either receiving the Claim or the deadline for furnishing additional supporting data, whichever is later. If the Claim am ount is more than $50,000, the time period will be extended to 60 days. If the Public Works Director fails to render a decision within the time period established herein, then the Claim will be deemed denied. The Public Works Director’s decision will be final and binding unless appealed in accordance with these Specifications.

The Public Works Director’s decision on a Claim will include a statement substantially as follows:

“This is a decision pursuant to the Standard Specifications of your contract. If you are dissatisfied with the decision and have complied with the procedural requirements for asserting claims, you may have the right to alternative dispute resolution or litigation.

Should you fail to take appropriate action within 30 calendar days of the date of this decision, the decision will become final and binding and not subject to further appeal.”

F. Appeal of Public Works Director’s Decision

Should the Contractor dispute the Public Works Director’s decision, then the Contractor must appeal that decision to the City Manager within 30 calendar days of receiving the Public Works Director’s decision.

The City Manager will address disputes or claims within 30 calendar days after receiving such request and all necessary supporting data. The City Ma nager’s decision on the dispute or claim will be the City’s final decision.

If the Contractor disputes the City Manager’s decision, then the Contractor must demand alternative dispute resolution in accordance with this Section and the PCC within 30 calendar days of the City’s final decision.

G. Mediation

If the City and the Contractor agree, disputes between the parties may be submitted to non-binding mediation. If the parties cannot agree to an alternative form of mediation, then mediation will be administered by the American Arbitration Association (“AAA”) under its

City of Monterey Park Specification No. 2022-011
SECTION D. STANDARD SPECIFICATIONS Page D.20
Construction Industry Mediation Rules, unless the use of such rules are waived by mutual stipulation of both parties.

The parties may, but are not required to be, represented by counsel in mediation.

The requirement for mediation will not alter or modify the time limitations otherwise provided for claims and no conduct or settlement negotiation during mediation will be considered a waiver of the City’s right to assert that claim procedures were not followed.

H. Arbitration

If the City and Contractor do not agree to mediation, then disputes will be submitted to neutral non-binding (except as provided herein) arbitration. Arbitration will be conducted in accordance with PCC § 10240.3. Any decision rendered by an arbitrator will be consistent with PCC § 10240.8.

The exclusive venue for any arbitration will be in Los Angeles County.

The expenses and fees of the arbitrators and the administrative fees, if any, will be divided among the parties equally. Each party will pay its own counsel fees, witness fees, and other expenses incurred for its own benefit.

I. When Arbitration Decision Becomes Binding

The decision rendered by the arbitrator will become binding upon the parties unless appealed to the Los Angeles County Superior Court pursuant to PCC § 10240.12 within 30 calendar days of the decision. If subsequent litigation results in an award to the party appealing the arbitration that is less than or equal to that of the arbitration decision, or if the litigation results in a decision in favor of the nonappealing party, then the party appealing the arbitration will pay the nonappealing party’s attorney’s fees and court costs.

J. Appeal to Superior Court; Waiver of Jury Trial

Should a party timely object to the arbitration decision, it may file a petition with the Los Angeles County Superior Court in accordance with California Code of Civil Procedure (“CCP”) §§ 1285, et seq. Notwithstanding the limitations set forth in CCP § 1286.2, the court may vacate, correct, or adjust an arbitration award, and enter judgment in accordance with CCP § 1287.4, for any legal or equitable basis including, without limitation, error of law. The court will apply the substantial evidence standard of review when considering the appeal of an objecting party.

BY EXECUTING THESE CONTRACT DOCUMENTS, THE CONTRACTOR AGREES

TO HAVE DISPUTES OR CONTROVERSY CONCERNING THE CONSTRUCTION,

INTERPRETATION, PERFORMANCE, OR BREACH OF THESE CONTRACT

DOCUMENTS, INCLUDING CLAIMS FOR BREACH OF CONTRACT OR ISSUES OF

City of Monterey Park Specification No. 2022-011
SECTION D. STANDARD SPECIFICATIONS Page D.21
BAD FAITH DECIDED IN ACCORDANCE WITH THIS SECTION. BOTH THE CITY

AND THE CONTRACTOR WAIVE THEIR RIGHT TO A JURY TRIAL FOR THESE DISPUTES OR ISSUES.

33. PREVAILING WAGES

The Contractor will post at appropriate conspicuous points at the site of the project a schedule showing determinations of the Director of Industrial Relations of the prevailing rate of per diem wages. It w ill be the Contractor’s responsibility to obtain copies of the prevailing rate of per diem wages. One source that may be used is the California Department of Industrial Relations website which is currently located at www.dir.ca.gov, or by calling the Prevailing Wage Unit at (415) 703-4774.

Attention is directed to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the employment of apprentices by the Contractor or any subcontractor.

Labor Code § 1777.5 requires the Contractor or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except:

• When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 calendar days before the request for certificate, or

• When the number of apprentices in training in the area exceeds a ratio of one to five, or

• When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or

• When the Contractor provides evidence that the Contractor employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen.

The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if the Contractor employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions.

The Contractor and any subcontractor will comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices.

City of Monterey Park Specification No. 2022-011
SECTION D. STANDARD SPECIFICATIONS Page D.22
Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Rel ations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

34. RECORD OF WAGES PAID: INSPECTION

Every Contractor and subcontractor will keep an accurate cert ified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with the Work. The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Department of Industrial Relations. If requested by the City, the Contractor will provide copies of the records at its cost.

35. LIABILITY INSURANCE

Contractor must comply with City’s insurance requirements for public works projects which are adopted by City Council resolution (the “Insurance Matrix”). At the time of executing this contract, City Council Resolution No. 11750, adopted June 17, 2015, constitutes the Insurance Matrix for this contract. Contractor will provide endorsements or other proof of coverage for contractual liability in accordance with the Insurance Matrix.

The cost of such insurance will be included in the various items of work in the Contractor’s bid and no additional compensation for purchasing insurance or additional coverage needed to meet these requirements will be allowed.

In the event that any required insurance is reduced in coverage, cancelled for any reason, voided or suspended, Contractor agrees that City may arrange for insurance coverage as specified, and Contractor further agrees that administrative and premium costs may be deducted from payments due to the Contractor. Contractor will not be allowed to work until alternate coverage is arranged.

Coverage will not extend to any indemnity cove rage for the active negligence of the additional insured if the agreement to indemnify the additional insured would be invalid under Civil Code § 2782(b).

36. INDEMNIFICATION AND DEFENSE

In addition to all other provisions of the Contract Documents including, without limitation, the Greenbook, as between the City and Contractor, Contractor will take and assume all responsibility for the work as stated herein or shown on the plans.

The Contractor will bear all losses and damages directly or indirectly resulting to it, to the City, its officers, employees, and agents, or to others on account of the performance or character of the work, unforeseen difficulties, accidents, traffic control, job site maintenance, or any other causes whatsoever.

City of Monterey Park Specification No. 2022-011
SECTION D. STANDARD SPECIFICATIONS Page D.23

The Contractor will assume the defense of and indemnify and save harmless the City of Monterey Park, its officers, employees, and agents, from and against any and all claims, losses, damage, expenses and liability of every kind, nature, and description, directly or indirectly arising from the performance of the contract or work, regardless of responsibility for negligence, and from any and all claims, losses, damage, expenses, and liability, howsoever the same may be caused, resulting directl y, or indirectly from the nature of the work covered by the contract, regardless of responsibility for negligence, to the fullest extent permitted by law. In accordance with Civil Code § 2782, nothing in this Section will require defense or indemnification for death, bodily injury, injury to property, or any other loss, damage or expense arising from the sole negligence or willful misconduct of the City, or its agents, servants or independent contractors who are directly responsible to the City, or for defects in design furnished by such persons.

Moreover, nothing in this Section will apply to impose on the Contractor, or to relieve the City from, liability for active negligence of the City.

The City does not, and will not, waive any rights against the Contractor which it may have by reason of the aforesaid hold harmless agreements because of the acceptance by the City, or deposit with City by Contractor, of any insurance policies. This hold harmless agreement by the Contractor applies to all damages and claims for damages of every kind suffered or alleged to have been suffered by reasons of any of the aforesaid operations of Contractor, or any subcontractor, regardless of whether or not such insurance policies are determined to be applicable to any of such damages or claims for damages.

No act by the City, or its representatives in processing or accepting any plans, in releasing any bond, in inspecting or accepting any work, or of any other nature, will in any respect relieve the Contractor or anyone else from any legal responsibility, obligation or liability he might otherwise have.

37. PERMITS

The Contractor will apply for permits required by the City. These permits including, without limitation, a business license, will be issued on a “no -fee” basis. However, the Contractor must pay for and obtain all other permits from other governmental and utility agencies necessitated by their operations but cannot charge the City an administrative fee for obtaining such permits.

All bonding fees, (overweight and oversized vehicle permit fees) inspection permit fees or other fees charged or required for such permits must be paid by the Contractor. These costs will be included in the bid item provided. If no bid item is included, costs will be included in the various items of work, and no additional payment will be allowed.

38. CLEANUP AND DUST CONTROL

City of Monterey Park Specification No. 2022-011
SECTION D. STANDARD SPECIFICATIONS Page D.24
On any construction project requiring trenching within public streets and for which total trenching is in excess of 500 feet, the Contractor will be required to sweep the worksite utilizing a pick-up type of street sweeper a minimum of once daily.

39. WATERING

Water for dust control caused by Contractor’s operations or the passage of traffic through the work will be applied as necessary or as directed by the Public Works Director. Water for the above or other purposes may be obtained from any approved source. If the Contractor chooses to use a City fire hydrant upon placing deposits and fees as described in this contract, the Public Works Director will cause a meter to be installed.

All water used from the hydrant will be metered and charged to the Contractor at the prevailing rate plus the current daily meter rental rate. The Contractor will be charged a $15 reconnect fee if the Contractor wishes to move the meter to a different hydrant.

Costs of water to be used will be included in the cost of various bid items.

40. WATER POLLUTION CONTROL

The following requirements are added to establish storm water and urban runoff pollution prevention controls.

Storm or construction generated water containing sediment such as, construction waste, soil, slurry from concrete/asphalt concrete saw cutting operations, clean-up of concrete transit mixers or other pollutants from construction sites and parking areas will be retained or controlled on site and will not be permitted to enter the storm drain system.

Temporary sediment filtering systems such as sandbags, silt fences, or gravel berms will be utilized to trap sedime nt so that only filtered water enters the City’s storm drain system. Proper clean up and disposal of settled sediment and the filtering system will be the responsibility of the Contractor.

Discharge of concrete transit mixer wash water on to approved dirt areas (sub-grade area designated for new concrete construction for example) is acceptable. Discharge on to private property, parkway areas, or the street is not permitted.

Plastic or other impervious covering will be installed where appropri ate to prevent erosion of an otherwise unprotected area, along with any other runoff control devices deemed appropriate by the City.

Excavated soil stored on the site will be covered in a manner that minimizes the amount of sediments running into the storm drain system, street or adjoining properties.

No washing of construction or other industrial vehicles and equipment will be allowed adjacent to a construction site. During the rainy season (October 15 to April 15), Contractor will keep at the construction site sufficient materials and labor to install temporary sediment filtering systems and other water pollution prevention control

City of Monterey Park Specification No. 2022-011
SECTION D. STANDARD SPECIFICATIONS Page D.25
measures. These control measures will be in place and maintained by the Contractor on a daily basis on days when construction is not in progress due to rain.

All costs asso ciated with water pollution control will be borne by the Contractor. Any expense incurred by the City to expeditiously respond to storm drain contamination resulting from Contractor’s failure to implement water pollution control measures will be charged to the Contractor.

41. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS

Where existing traffic striping, pavement markings, and curb markings are damaged or their reflectively reduced by the Contractor’s operations, such striping or markings will also be considered as existing improvements and the Contractor will replace such improvements.

Relocations, repairs, replacements, or re -establishments will be at least equal to the existing improvements and will match such improvements in finish and dime nsions unless otherwise specified.

42. PUBLIC CONVENIENCE AND SAFETY

Unless otherwise specified all traffic control will be performed in accordance with the Work Area Traffic Control Handbook (WATCH) Latest Edition, published by Building News, 3055 Overland Avenue, Los Angeles, CA 90034, telephone 310-474-7771.

43. TRAFFIC AND ACCESS

The Contractor will notify the occupants of all affected properties at least 48 hours before any temporary obstruction of access. Vehicular access to property line will be maintained except as required for construction for a reasonable period of time. No overnight closure of any driveway will be allowed except as permitted by the Public Works Director.

At least one, 12 foot wide, traffic lane will be provided for ea ch direction of travel on all streets at all times except as permitted by the Public Works Director. The traffic lanes will be maintained on pavement and will remain unobstructed. All work requiring that a lane be closed, or a lane moved right or left will be noticed to the traveling public by use of City approved lighted arrow boards.

Clearances from traffic lanes will be five feet to the edge of any excavation and two feet to the face of any curb, pole, barricade, delineator, or other vertical obstruction.

One four-foot-wide paved pedestrian walkway will be maintained in the parkway area on each side of all streets. The clearance from the pedestrian walkway to any traffic lane will be five feet. Pedestrians and vehicles will be protected from all excavations, material storage, and/or obstructions by the placement of an adequate number of lighted barricades (minimum two) at each location, one at each end of the obstruction or

City of Monterey Park Specification No. 2022-011
SECTION D. STANDARD SPECIFICATIONS Page D.26
excavation), which will have flashing lights during darkness. Barricades will be Type I or Type II per Section 7-3 of the WATCH Manual and lights will be Type A per Section 7-6 of the “Work Area Traffic Control Handbook” (WATCH).

44. STREET CLOSURES, DETOURS, BARRICADES

Street closures will not be allowed except as specifically permitted by the Public Works Director.

The Contractor will prepare any traffic control or detour plans that may be required as directed by the Public Works Director. Lane transitions will not be sharper than a taper of 30 to one.

Temporary traffic channelization will be accomplished with barricades or delineators.

Temporary striping will not be allowed unless specifically permitted by the Public Works Director. The Contractor will prepare any plans that may be required for temporary striping to the satisfaction of the Public Works Director. In no event will temporary striping be allowed on finish pavement surfaces, which are to remain.

Where access to driveway or street crossings need to be maintained, minimum 1 1/4 - inch-thick steel plating will be used to bridge the trench. All steel plating will have temporary asphalt concrete 1:12 minimum sloped ramps to assist vehicles to cross comfortably over the plates and have a non -skid surface. Plates subject to vehicle high traffic speeds and in residential areas will be secured by welding at the discretion of the Public Works Director.

45. PROTECTION OF THE PUBLIC

It is part of the service required of the Contractor to make whatever provisions are necessary to protect the public. The Contractor will use foresight and will take such steps and precautions as his operations warrant to protect the public from danger, loss of life or loss of property, which would result from interruption or contamination of public water supply, interruption of other public service, or from the failure of partly completed work or partially removed facilities. Unusual conditions may arise on the Project which will require that immediate and unusual provisions be made to protect the public from danger or loss of life, or damage to life and property, due directly or indirectly to prosecution of work under this contract.

Whenever, in the opinion of the Public Works Director, an emergency exists against which the Contractor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures or property, which may be damaged by the Contractor’s operations and when, in the opinion of the Public Works Director, immediate action will be considered necessary in order to protect the public or property due to the Contractor’s operations under this contract, the Public Works Director will order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act on the situation immediately, the Public Works Director may provide suitable

City of Monterey Park Specification No. 2022-011
SECTION D. STANDARD SPECIFICATIONS Page D.27
protection to said interests by causing such work to be done and material to be furnished as, in the opinion of the Public Works Director, may seem reasonable and necessary.

The cost and expense of said labor and material, together with the cost and expense of such repairs as are deemed necessary, will be borne by the Contractor. All expenses incurred by the City for emergency repairs will be deducted from the progress payments and the final payment due to the Contractor. Such remedial measures by the City will not relieve the Contractor from full responsibility for public safety.

46. HAZARDOUS MATERIAL

For any excavation, which extends more than four feet below existing grade, t he Contractor will promptly, and before the conditions are disturbed, notify the Public Works Director, in writing, of 1) any material that the Contractor believes may be hazardous waste, as defined in Health and Safety Code § 25117, which is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law, 2) subsurface or latent physical conditions at the site differing from those indicated, or 3) unknown physical conditions at the site o f any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents.

After receiving notice from the Contractor, the Public Works Director will p romptly investigate any condition identified by the Contractor as being hazardous. The rights and obligations of the City and the Contractor with regard to such conditions (including, without limitation, the procedures for procuring change orders and filin g claims) will be specified by the provisions of these Standard Specifications regarding Changed Conditions.

If a dispute arises between the City and the Contractor whether the conditions materially differ, involve hazardous waste, or cause a change in the Contractor’s cost or time required for performance of the work, the Contractor will not be excused from any scheduled completion date provided for by the contract, but will proceed with all work to be performed under the contract.

If the Public Works Director determines that material called to the Public Works Director’s attention by the Contractor is hazardous waste, or if the Public Works Director otherwise discovers the existence of hazardous waste, the Contractor will be responsible for removal and disposal of the hazardous waste by qualified personnel and appropriate equipment in the manner required by law as directed by the Public Works Director.

47. LUMP SUM WORK

Items for which quantities are indicated as “Lump Sum,” “L.S.,” or “Job” will be paid for at the price indicated in the Proposal. Such payment will be full compensation for all costs for labor, equipment, materials and plant necessary to furnish, construct and install the lump sum item of work, complete, in place, and for all necessary appurtenant work,

City of Monterey Park Specification No. 2022-011
SECTION D. STANDARD SPECIFICATIONS Page D.28
including, but not limited to, all necessary cutting, patching, repair and modification of existing facilities, and clean-up of site.

Contractor will furnish three copies of a detailed schedule, which breaks down the lump sum work into its component parts and cost for each part, in a form and sufficiently detailed as to satisfy Public Works Director that it correctly represents a reasonable apportionment of the lump sum. This schedule is subject to approval by Public Works Director as to both the components into which the lump sum item is broken down, and the proportion of cost attributable to each component.

This schedule will be the basis for progress payments for the lump sum work.

48. PARTIAL AND FINAL PAYMENTS

The closure date for the purpose of making partial progress payments will be the last working day of each month. The Contractor will prepare the partial payment invoice with measurement of the work performed through the closure date and submit it to City for approval.

When work is complete, the Contractor will determine the final quantities of the work performed and prepare the final progress payment and submit it to the Public Works Director for approval.

It will take a minimum of 35 calendar days from the date of approving the Contractor’s invoice to make the payment to the Contractor. However, payments will be withheld pending receipt of any outstanding reports required by the contract documents, or legal release of filed Stop Payment Notices against the Contractor. In addition, the final progress payment will not be released until the Contractor returns the control set of Plans and Specifications showing the as-built conditions.

The full five percent (5%) retention will be deducted from all progress payments. The Contractor will make a payment request for the retained amount, for approval by the City, upon field acceptance of the work by the City Public Works Director. The City Public Works Director upon field acceptance and receipt of the final as-built plans and any other reports or documents required to be provided by the Contractor will process a recommendation to the City Council for acceptance of the work. Not less than 35 calendar days from the City Council acceptance of the work, the Contractor’s final payment will be made provided Stop Payment Notices or other claims have not been filed against the Contractor and/or the City by material suppliers, sub - contractors, other governmental agencies, and private property owners. Until these Stop Payment Notices are released, and claims are resolved the stop payment/claim amount will be withheld from the final payment.

The Contractor, however, may receive interest on the retention for the length of construction, or receive the retention itself as long as the retention is substituted with escrow holder surety or equal value.