Agenda, regular meeting, first session — Monterey Park City Council, April 5, 2023 (part 3 of 3)

Monterey Park Market Place SEIR Mitigation Monitoring ProgramCity of Monterey Park  Page 11 S:\PLANNING\PC\STAFF REPORTS\2012\09-25-12\Market Place Mitigation Monitoring Program.docP:\CMP-02.0E\FEIR\MMP.doc|Printed: 9/17/2012 8:39 AM11/1/2011 10:29 AM

3. Mitigation Monitoring Requirements

3.1 CATEGORIZED MITIGATION MEASURES/MATRIX
Project-specific mitigation measures and project design features (PDFs) have been categorized in matrix format, as shown in Table 3-1. The matrix identifies the environmental factor, specific mitigation measures, schedule, and responsible monitor. The mitigation matrix will serve as the basis for scheduling the implementation of, and compliance with, all mitigation measures.

A supplemental EIR only discusses new environmental impacts that would result from a change in the project description between the original and revised projects and it only needs to contain the information necessary to make the previous EIR adequate for the project as revised (CEQA Guidelines Section 15163). To avoid certain environmental impacts, the City of Monterey Park has included certain PDFs, which are considered part of the proposed project. The PDFs are mandatory and will be adopted by the City of Monterey Park as part of the project’s conditions of approval. Both the PDFs and mitigation measures are part of the MMP to be implemented by the City of Monterey Park. To provide a complete matrix that may be used for monitoring and enforcement, this mitigation monitoring program includes mitigation measures and project design features associated with the new impacts caused by the proposed project, as well as all mitigation measures which remain effective from the previously certified 2000 MPTP EIR.

3.2 LONG-TERM MONITORING
Long-term monitoring related to several mitigation measures will be required, including fire safety inspections.

Postconstruction fire inspections are conducted on a routine basis by the City of Monterey Park Fire Department.

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5.1 AESTHETICS
PDF 1-1 Signs shall accentuate the architecture of the project and contribute to a lively and visually stimulating experience.

Project applicant Prior to approval of first
certificate of occupancy
Community Development
Department

PDF 1-2 Wayfinding signage shall be located to orient pedestrians to the project site and local transit options and its surroundings. The appearance of directory signs should contribute to the identity of the project.

Project applicant Prior to approval of first
certificate of occupancy
Community Development
Department

PDF 1-3 The location, size and appearance of tenant identification and storefront signs shall lend support to retail activity, complementing the architecture of the building and overall character of the project.

Project applicant Prior to approval of first
certificate of occupancy
Community Development
Department

PDF 1-4 Off-site signs and LED signs shall not be oriented towards residential areas.

Project applicant Prior to approval of first
certificate of occupancy
Community Development
Department

PDF 1-5 Lighting fixtures including lighted signs shall be state-of-the-art and energy-efficient, shall be focused down on buildings and in parking lot areas, and light spill beyond parking lots or roadways on the perimeter of the site shall not be greater than 0.5 footcandles. Light sources shall be shielded and focused to reduce visibility from residential areas and the adjacent freeway.

Project applicant Prior to the issuance of a
building permit
Public Works Department
PDF 1-6 To minimize the impact of lighted parking areas, the lighting system shall be designed with full cut-off designs (downcast) and should be equipped with the ability to control light fixtures for individual areas at different lighting levels, such as from active operation to security mode.

Project applicant Prior to the issuance of a
building permit
Public Works Department
PDF 1-7 Prior to the approval of improvement plans for the surface parking areas, the project applicant shall submit a parking and sign lighting plan for review and approval by the Department of Public Works. The lighting plan shall include the amount, location, height, and intensity of sign and parking-area lighting, designed in a manner to reduce potential for light and glare and incidental spillover into adjacent residential properties to the maximum extent feasible, while maintaining public safety and adequate lighting to ensure sign visibility.

Project applicant Prior to the issuance of a
building permit
Public Works Department
PDF 1-8 Rooftop equipment (e.g. HVAC units, vents, etc.) should be enclosed in architecturally treated parapets that extend at least 12 inches Project applicant Prior to the issuance of a
building permit
Community Development
Department

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5.2 AIR QUALITY
PDF 2-1 The landscape concept for the project is urban in nature and has elements associated both with the “Prairie Style” design and Southern California décor. Landscape selections shall be made to accentuate the design style, but issues such as long-term life span of the trees, drought tolerance, colors, and maintenance requirements shall also be incorporated into the overall design. Landscape plans are subject to the approval of the Planning Division and Design Review process.

1. Plant Materials – All plant materials shall be drawn from the list of suitable plant materials provided in the following table and as stipulated in the Conditions of Approval. Exceptions for the use of other plant materials shall be allowed. Interior trees shall have minimum height of approximately 8-feet during installation, measured to the top of the branches from ground service at tree trunk, with maximum growth height of approximately 30-feet. Exterior trees located along the entryways of the Market Place shall have minimum height of approximately 10-feet installation, and a maximum growth height of approximately 50-feet. SCE has a 15-foot height limit for any plant material under the overhead power lines.

2. Planting Design – Landscaping would be provided along project roadways to accent the entrance and create a framework for the entry that would follow through the entire project site. Various trees would be planted for aesthetic value, as well for shade in the parking areas.

Additional landscaping would be placed near proposed buildings to accentuate its architecture style. Landscaping and irrigation plans signed by a landscape architect and/or landscape contractor shall be submitted, subject to the review and approval of the Planning Division of the City. The design patterns of the project’s landscaping will provide both formal and informal groupings of deciduous and evergreen shade trees, flowering shrubbery, and ground cover. The following measures incorporate the landscape design character and visual qualities for development with the project.

Project applicant Prior to the issuance of a
building permit
Community Development
Department

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b. Landscape plans shall include plans for the Landfill Cap area, where no water percolation is permitted. Raised planters and pots shall be used to introduce trees, shrubs and floral materials in this area. Raised planters shall be designed to drain into the storm water drainage system.

c. The plans shall show the location of turf, trees, shrubs, walks, fences, and any ponds, fountains or other decorative landscaping features:

i. Indicate soils preparation where necessary;

ii. Provide a typical planting detail for trees and shrubs;

iii. List the botanical and common names of all plants with the quantity of each and their container size;

iv. Clearly portray the location, coverage and specifications of the permanent automatic irrigation system.

d. Landscaping and irrigation systems shown on approved plans shall be installed as required by the Planning Division.

e. An automatic irrigation system shall be installed in all landscaped areas to insure proper maintenance year round. The developer will provide all irrigation systems. These will be segregated into metering zones with individual meters and timers that will provide appropriate irrigation for landscaping throughout the site. These systems will also have rain and moisture detectors in order to prevent over irrigation. All

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PDF 2-2 For proper waste management practices, trash enclosures and/or equipment will be strategically located in the rear of each building as feasible. Solid steel gates shall be utilized as well. Most major tenants will have their own waste management areas within their building footprints in order to maintain the proper visual aesthetics of the center. Public waste management will be accomplished by placing on-site furniture, such as waste receptacles and ash urns, throughout the center. To minimize solid waste generated by the project, the following measures are to be implemented:

1. Construction Phase – During project construction, the following practices should be implemented by the project applicant:

a. Off-site locations for construction waste exported from the project and options for disposal of excess material should be identified.

These options may include recycling of materials on-site, sale to a broker or contractor, sale to a project in the vicinity, or transport to an environmentally-cleared landfill.

b. The project applicant should offer recyclable building materials, such as asphalt or concrete for sale or removal by private firms or public agencies for use in construction of other projects if all cannot be reused on the project site.

2. Operation Phase – During project operations, the following practices should be implemented by the project tenants within their buildings and will be specified in lease agreements with the project applicant:

a. Recovery of materials such as aluminum and cardboard;

b. Collection of office paper for recycling;

Project applicant

Project
applicant/construction
contractor

Project applicant/tenants
Prior to approval of first
certificate of occupancy

During construction

During operation
Community Development
Department

Public Works Department

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d. Collection of glass, plastics, kitchen grease, laser printer toner cartridges, oil, batteries, and scrap metal for recycling or recovery.

3. Design Features – The project applicant, tenants, and/or property owner are strongly encouraged but not required, to implement design features to support solid waste reduction programs, suggestions include:

a. Detailing the location and design of on-site recycling facilities;

b. Providing on-site recycling receptacles to encourage recycling;

c. Facilitating cardboard recycling (especially in retail areas) by providing adequate space and centralized locations for collection and bailing;

d. Providing trash compactors for non-recycling materials to reduce the total volume of solid waste and the number of trips required for collection;

e. Providing on-site recycling receptacles in feasible locations accessible to the public to encourage recycling of all business, employees, and patrons.

PDF 2-3 Reduction of trip and travel demand measures are provided in accordance with State Government Code Sections 65089 and 65089.3 (Ord. 1852 § 3(2), 1993). Prior to approval of any development project, the project applicant shall make provision for all of the following applicable transportation demand management and trip reduction measures to promote better air quality. Development Standards for Nonresidential Development of one hundred thousand square feet or more shall comply with this section, and shall additionally provide all of the following measures to the satisfaction of the Planning and Engineering Divisions.

Project applicant Prior to approval of first
certificate of occupancy

Community Development
Department

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1. Displayed Information – A bulletin board, display case, or kiosk displaying transportation information located where the greatest number of employees are likely to see it. Information shall include, but is not limited to, the following:

a. Current maps, routes and schedules for public transit routers serving the site;

b. Telephone numbers for referrals on transportation information, including numbers for regional ridesharing agency and local transit operators;

c. Ridesharing promotional materials supplied by commuter-oriented organizations;

d. Bicycle route and facility information, including regional/local bicycle maps and bicycle information;

e. A listing of facilities available for car-poolers, vanpoolers, bicyclists, transit riders and pedestrians at the site.

2. Vanpool – Not less than 10 percent of employee parking area shall be located as close as practical to the employee entrance(s), and shall be reserved for use by potential carpool/vanpool vehicles, without displacing handicapped and customer parking needs. A statement that preferential carpool/vanpool spaces for employees are available and a description of the method for obtaining such spaces must be included on the required transportation information board.

This occurs primarily at the rear of the major retail tenants.

a. Spaces will be signed/striped as demand warrants;

b. At all times at least one space for projects of fifty thousand square feet to one hundred thousand square feet shall be provided;

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d. Adequate turning radii and parking space dimensions shall also be included in van pool parking areas.

3. Bicycles – Bicycle racks or other secure bicycle parking shall be provided to accommodate four bicycles per the first fifty thousand square feet of nonresidential development;

a. Bicycle racks shall accommodate one additional bicycle per each additional fifty thousand square feet of nonresidential development.

Calculations which result in a fraction of 0.5 or higher shall be rounded up to the nearest whole number.

b. A bicycle parking facility may also be fully enclosed space or locker accessible only to the owner or operator of the bicycle, which protects the bike from inclement weather;

c. Specific facilities and location (e.g. provision of racks, lockers, or locked room) shall be to the satisfaction of the Director of Community Development.

4. Safety – A safe and convenient zone in which vanpool and carpool vehicles may deliver or board their passenger.

5. Sidewalks – Sidewalks or other designated pathways following direct and safe routes from the external pedestrian circulation system to each building in the development;

6. Bus Stop – The City will consult with the local bus service providers in determining appropriate improvements. When locating bus stops and/or planning building entrances, entrances must be designed to provide safe efficient access to nearby transit stations/stops.

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7. Circulation – Safe and convenient access from the external circulation system to bicycle parking facilities on site.

8. Employee parking – Employee parking shall be adequately provided within the total number of parking spaces planned for this center. This primarily is located to the rear of the major retail tenants.

During peak shopping periods, off-site parking for employees may be installed.

MM 2-1 The construction contractor shall water a minimum of three times daily for dust control (preferably using reclaimed water) during ground-disturbing activities.

Construction contractor During construction (ground-
disturbing activities)
Construction
contractor/Public Works
Department

MM 2-2 The construction contractor shall operate PM10-efficient street sweepers or roadway washing trucks on adjacent roadways to remove dirt dropped by construction vehicles or dried mud carried off by trucks moving or bringing construction materials at least once a day during ground disturbing activities.

Construction contractor During construction Construction contractor/Public Works
Department

MM 2-3 The construction contractor shall cover trucks or wet down loads of any dirt hauled to or from the project site. A minimum of 24 inches of freeboard shall be maintained on any soil haul truck.

Construction contractor During construction Construction contractor/Public Works
Department

MM 2-4 The construction contractor shall perform low-NOx emissions tune-ups on onsite equipment operating onsite for more than 60 days.

Construction contractor During construction Construction contractor/Public Works
Department

MM 2-5 The construction contractor shall utilize electrical line power instead of portable construction equipment, where feasible.

Construction contractor During construction Construction contractor/Public Works
Department

MM 2-6 The construction contractor shall implement a congestion relief program. The congestion relief program shall require the construction contractor to implement the following:

1. Rideshare incentives, such as bus passes, shall be provided for construction personnel by Operating Industries Incorporated or the Construction Contractor.

2. Off-street parking for construction contractors and employees shall be provided.

Construction contractor During construction Construction contractor/Public Works
Department

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3. Lane closures shall be limited to non-peak traffic hours, as approved by the affected jurisdiction.

4. Receipt of construction materials shall be scheduled for non-peak traffic periods where possible. In addition, receipt of construction materials shall be limited to between the hours of 7 AM and 7PM on weekdays, the hours of 9 AM and 6 PM on Saturdays, and prohibited on Sundays and holidays in accordance with the Monterey Park Municipal Code.

MM 2-7 The construction contractor shall utilize off-road construction equipment that conforms to Tier 3 of the United States Environmental Protection Agency, or higher emissions standards for construction equipment over 50 horsepower that are commercially available during site preparation (i.e., grading, trenching). The construction contractor shall be made aware of this requirement prior to the start of construction activities. Use of commercially available Tier 3 or higher off-road equipment, or:
 year 2006 or newer construction equipment for engines rated equal to 175 horsepower (hp) and greater;
 year 2007 and newer construction equipment for engines rated equal to 100 hp but less than 175 hp; and
 2008 and newer construction equipment for engines rated equal to or greater than over 50 hp.

The use of such equipment shall be stated on all grading plans. The construction contractor shall maintain a list of all operating equipment in use on the project site during site preparation (e.g., grading, trenching). The construction equipment list shall state the makes, models, and numbers of construction equipment on-site.

Construction contractor During construction Construction contractor/Public Works
Department

MM 2-8 Preferential parking spaces for employee carpools and vanpools shall be provided onsite. The location of preferential parking for employees carpool/vanpools shall be shown on the parking plans/Precise Plan for the project to the satisfaction of the Community Services Department.

Project applicant Prior to recordation of Final
Map
Community Development
Department

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Project applicant Prior to recordation of Final
Map
Community Development
Department

MM 2-10 The applicant shall construct an on-street bus shelter(s) subject to the approval of transit agency staff. A pedestrian pathway from the bus shelter(s) to the project site shall be illuminated to ensure a safe path of travel. The location of the bus shelter, pedestrian pathways, and lighting shall be submitted to the City on the circulation plan and/or lighting plans to the satisfaction of the Community Development Department.

Project applicant Prior to approval of first
certificate of occupancy
Community Development
Department

MM 2-11 The applicant shall connect onsite Class III bicycle lanes with off-site bicycle lanes that will link the facility to designated bicycle paths in Monterey Park. Bicycle circulation shall be shown on circulation plans for the project to the satisfaction of the Community Development Department.

Project applicant Prior to recordation of Final
Map
Community Development
Department

MM 2-12 Bicycle parking facilities, such as bicycle lockers and racks for shoppers and employees, shall be provided onsite to the satisfaction of the Community Development Department. The location of bicycle facilities (e.g., lockers and racks) shall be shown on the Precise Plan for the project.

Project applicant Prior to approval of first
certificate of occupancy
Community Development
Department

MM 2-13 The applicant shall construct onsite pedestrian facilities improvements, such as building access that is physically separated from street and parking lot traffic and walk paths. The circulation plan shall include pedestrian connectivity onsite, and the plan shall be prepared to the satisfaction of the Public Works Department.

Project applicant Prior to approval of first
certificate of occupancy
Public Works Department
MM 2-14 The applicant shall synchronize or cause to be synchronized traffic signals on intersections abutting the development prior to approval of the first occupancy permit.

Project applicant Prior to approval of first
certificate of occupancy
Public Works Department

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Project applicant During project operation Community Development Department

MM 2-16 The applicant shall provide onsite truck loading zones that are shielded from offsite residential areas. The location of loading zones shall be shown on the Precise Plan to the satisfaction of the Community Development Department.

Project applicant Prior to recordation of Final
Map
Community Development
Department

MM 2-17 The applicant shall work with the City to implement or contribute to public outreach programs, which promote alternative methods of transportation such as information kiosks.

Project applicant During project operation Community Development Department

MM 2-18 During all grading activities, the construction contractor shall apply chemical soil stabilizers on inactive areas (i.e., disturbed areas within the site that are unused for four consecutive days).

Construction contractor During construction grading Public Works Department MM 2-19 Grading operations shall be suspended when wind speeds exceed 25 miles per hour.

Construction contractor During construction grading Public Works Department

5.3 GREENHOUSE GAS EMISSIONS
MM 3-1 End-of-trip facilities, such as showers, lockers, and changing spaces, shall be provided for every 80 employee parking spaces, and separate facilities for each gender shall be provided for projects with 160 or more parking spaces. Such facilities shall be incorporated into the site plan prior to issuance of a building permit to the satisfaction of the Community Development Department.

Project applicant Prior to the issuance of a
building permit
Community Development
Department

MM 3-2 Two preferential parking spaces for alternative-fueled vehicles, including electric vehicles (EVs) and/or compressed natural gas (CNG) shall be incorporated into the site plan prior to issuance of a building permit to the satisfaction of the Community Development Department. The spaces shall be equipped with vehicle recharging stations with both conductive and inductive charging capabilities.

Project applicant Prior to the issuance of a
building permit
Community Development
Department

MM 3-3 Applicants for new developments shall coordinate with construction contractors to integrate locally made building materials for construction of the proposed project, where feasible.

Construction contractor During project construction Community Development Department

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Project applicant Prior to the issuance of a
building permit
Community Development
Department

MM 3-5 Prior to issuance of a building permit, plans shall show the use of materials that minimize the absorption of solar heat and subsequent transfer of heat to its surrounding environment. Cool pavement materials shall be used for any roadway or walkways as shown on the landscaping plan of the Precise Plan. Examples of materials that could be used include lighter-colored pavement materials, porous materials, or permeable or porous pavement. Additional examples of cool pavement materials are available at:

http://www.epa.gov/heatisld/images/extra/level3_pavingproducts/.html or similar websites.

Project applicant Prior to the issuance of a
building permit
Community Development
Department

5.4 NOISE
MM 4-1 4-1 During construction, the construction site supervisor shall ensure that the following minimum operating distances for construction equipment and the buildings located along
Neil Armstrong Drive are maintained:
 Loaded trucks and jackhammers – 20 feet
 Large construction equipment (equivalent to a
large bulldozer) – 40 feet
Construction site
supervisor/construction
contractor
During construction Public Works Department

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5.5 TRANSPORTATION AND CIRCULATION (PROPOSED PROJECT AND SMALL-BOX RETAIL ALTERNATE LAND USE PLAN) MM 5-1 During project construction, over-sized transport vehicles used to haul construction materials and/or debris shall be prohibited from using SR-60 without a transportation permit issued by Caltrans. In addition, over-sized truck trips entering and leaving the project site shall avoid the peak commute periods (7 to 9 AM and 4 to 6 PM). The construction contractor shall monitor all over-sized vehicle activities to ensure compliance with these restrictions.

Construction
contractor/Project Applicant
During construction Public Works Department

MM 5-2 Prior to issuance of the first Certificate of Occupancy, the Applicant shall pay the costs of constructing the following mitigation unless otherwise provided for in a Development Agreement with the City or a Disposition and Development Agreement with the Redevelopment Agency, which the City and Redevelopment Agency may or may not provide for alternative funding for mitigation through these agreements in their sole and absolute discretion.
 Markland Drive/Potrero Grande Drive
o Convert the northbound right turn lane to a free right turn lane (no widening of eastbound return lanes required).
 Saturn Street–Greenwood Avenue/Potrero Grande Drive
o Restripe eastbound approach to include a dedicated right turn lane (no widening required).
o Restripe westbound approach to include a dedicated right turn lane (no widening required).

Project Applicant/Public
Works Department

Prior to issuance of the first
certificate of occupancy
Public Works Department

MM 5-3 Modify existing traffic signal to provide overlap right turn phasing for the northbound approach to Wilcox Avenue/Via Campo Intersection.

Project Applicant/Public
Works Department
Prior to issuance of the first
certificate of occupancy
Public Works Department

MM 5-4 Prior to issuance of the first certificate of occupancy, the Applicant shall pay the costs of constructing the following mitigation unless otherwise provided for in a Development Agreement with the City or a Disposition and Development Agreement with the Redevelopment Agency or unless an established fee program is in place to fund such mitigation, in which case the Applicant shall pay the applicable fees or fair share of the cost of such mitigation. The provision for funding of mitigation through a Development Agreement or Disposition and Project Applicant/Public
Works Department

Prior to issuance of the first
certificate of occupancy
Public Works Department

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Mitigation Monitoring Requirements
Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
Development Agreement or through a fee program may or may not be provided for in the City's and Redevelopment Agency's sole and absolute discretion.
 Garfield Avenue/Pomona Boulevard
o Widen northbound approach and add a second (dual) left turn lane.
o Restripe northbound shared left plus through lane to a dedicated through lane.
 Garfield Avenue/Via Campo
o Restripe the second eastbound through lane to a shared through plus right turn lane.
 Wilcox Avenue/Via Campo
o Modify existing traffic signal to provide overlap right turn phasing for the northbound approach.
 Markland Drive–Vail Drive/Via Campo
o Widen eastbound approach and add a dedicated left turn lane, OR convert the inside westbound through return
lane to a left turn lane, which would not require any
roadway widening. Two westbound return lanes are not
required at this intersection.
o Restripe eastbound shared left plus through lane to a dedicated through lane.
 Paramount Boulevard/SR-60 westbound ramps–Market Place Drive
o Widen eastbound approach to have: 1) left turn lane; and 2) two dedicated right turn lanes.
o Provide a second (dual) left turn on the northbound
approach.
o Widen the westbound approach to provide a second
(dual) left turn lane, one through lane, and a dedicated right turn lane.
 Paramount Boulevard/SR-60 eastbound ramps–Town Center Drive

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Mitigation Monitoring Requirements
Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
o Widen eastbound approach to have: 1) left turn lane; 2) shared left plus through lane; 3) shared through plus right turn lane; and 4) dedicated right turn lane.
o Widen the westbound approach to have: 1) left turn lane; 2) shared left plus right turn lane; and 3) dedicated right turn lane.
 Paramount Boulevard/Montebello Boulevard
o Consistent with the mitigation measures in the “Traffic Impact Study: Montebello Hills Specific Plan” (KOA
2009), implement Intelligent Transportation System
measures such as signal coordination with the adjacent
ramp intersections, and provide improved overhead
signage to direct off-ramp traffic.
 Montebello Boulevard/Beverly Boulevard
o Restripe the northbound right turn lane to a shared
through plus right turn lane for a total of three through lanes through the intersection.
o Stripe a third northbound through lane on Montebello
Boulevard that can be tapered back to two lanes before
Victoria Avenue. On-street parking on the east side of
Montebello Boulevard will have to be prohibited, at least during the PM peak hour.

MM 5-5 Prior to issuance of the last certificate of occupancy, the Applicant shall pay the costs of constructing the following mitigation unless otherwise provided for in a Development Agreement with the City or a Disposition and Development Agreement with the Agency, which the City and Agency may or may not provide for alternative funding for mitigation through these agreements in their sole and absolute discretion:
 Wilcox Avenue/Pomona Boulevard
Prohibit on-street parking for 200 feet on the north side of Pomona Boulevard and restripe the parking lane to a dedicated westbound right turn lane.

Project Applicant/Public
Works Department

Prior to issuance of the last
certificate of occupancy
Public Works Department

MM 5-6 Prior to issuance of the last Certificate of Occupancy, the Applicant Project Applicant/Public Prior to issuance of the last Public Works Department

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Mitigation Monitoring Requirements
Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
shall pay the costs of constructing the following mitigation unless otherwise provided for in a Development Agreement with the City or a Disposition and Development Agreement with the Agency or unless an established fee program is in place to fund such mitigation, in which case the Applicant shall pay the applicable fees or fair share of the cost of such mitigation. The provision for funding of mitigation through a Development Agreement or Disposition and Development Agreement or through a fee program may or may not be provided for in the City's and Agency's sole and absolute discretion.  Garfield Avenue/Pomona Boulevard
o Widen northbound approach and add a second (dual) left turn lane.
o Restripe northbound shared left plus through lane to a dedicated through lane.
o Restripe the #2 southbound through lane to a shared
through plus right turn lane.
 Garfield Avenue/Via Campo
o Restripe the second eastbound through lane to a shared through plus right turn lane.
 Markland Drive–Vail Drive/Via Campo
o Restripe southbound approach to include a dedicated
right turn lane (no widening required).
o The project’s fair-share percentage is 17.4 percent (PM peak hour)
 San Gabriel Boulevard–Paramount Boulevard/Hill Drive
o Restripe southbound approach to include a dedicated
right turn lane (no widening required).
 Paramount Boulevard/SR 60 westbound ramps–Market Place Drive
o Widen eastbound approach to have: 1) left turn lane; and 2) two dedicated right turn lanes.
o Provide a second (dual) left turn on the northbound
approach.

Works Department

certificate of occupancy

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Mitigation Monitoring Requirements
Mitigation Measure
Responsibility for
Implementation Timing
Responsibility for
Monitoring
Monitor
(Signature Required)
(Date of Compliance)
o Widen the westbound approach to provide a second
(dual) left turn lane, one through lane, and a dedicated right turn lane.
o Modify signal to provide overlap right turn phasing for the northbound, eastbound, and westbound approaches.
 Paramount Boulevard/SR 60 eastbound ramps–Town Center Drive
o Widen the eastbound (off-ramp) approach and add a
shared through plus right turn lane.
 Paramount Boulevard/Montebello Boulevard
o Consistent with the mitigation measures in the Traffic Impact Study – Montebello Hills Specific Plan (KOA
2009), implement Intelligent Transportation System
measures such as signal coordination with the adjacent
ramp intersections, and provide improved overhead
signage to direct off-ramp traffic.
 Montebello Boulevard/Beverly Boulevard
o Restripe the northbound right turn lane to a shared
through plus right turn lane for a total of three through lanes through the intersection.
o Stripe a third northbound through lane on Montebello
Boulevard that can be tapered back to two lanes before
Victoria Avenue. On-street parking on the east side of
Montebello Boulevard will have to be prohibited, at least during the PM peak hour.

5.6 UTILITIES AND SERVICE SYSTEMS
MM 6-1 The project applicant shall upgrade 1,000 feet of the 8-inch water line in Saturn Street between South Orange Avenue and Potrero Grande Drive to a 16-inch line.

Project applicant Prior to issuance of first
occupancy permit
Public Works Department
MM 6-2 The project applicant shall install automatic sprinkler systems with adequate pressure to irrigate landscaping. The sprinkler system shall have the capacity to be connected to future recycled water distribution systems when they become available and be programmed to operate Project applicant Prior to issuance of first
occupancy permit
Public Works
Department/Community
Development Department

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MM 6-3 The project applicant shall use drought-tolerant, low-water-consuming plant varieties to reduce irrigation water consumption in new landscaped areas. Should recycled water become available for the project site, all planted areas shall be irrigated with recycled water.

Project applicant Prior to issuance of first
occupancy permit
Public Works
Department/Community
Development Department

MM 6-4 Prior to the issuance of first occupancy permit, the project applicant shall demonstrate that efficient irrigation systems have been installed, minimizing runoff and evaporation and maximizing the amount of water that reaches plant roots.

Project applicant Prior to the issuance of first
occupancy permit
Public Works
Department/Community
Development Department

MM 6-5 Prior to the issuance of first occupancy permit, the project applicant shall demonstrate that water-efficient design features, including but not limited to lower-volume water faucets (2 gallon per minute), low- flow toilets (1.28 average gallons per flush), waterless water heaters, waterless urinals, automatic on and off water faucets, and water- efficient appliances, have been installed in new construction.

Project applicant Prior to the issuance of first
occupancy permit
Public Works
Department/Community
Development Department

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Project applicant Prior to the issuance of first
occupancy permit
Public Works Department
MM 6-7 Prior to issuance of the first certificate of occupancy, the project applicant shall upgrade the 1,500 feet of 8-inch water main in Potrero Grande Drive east of Atlas Avenue with a 12-inch water main.

Project applicant Prior to the issuance of first
occupancy permit
Public Works Department
MM 6-8 Prior to issuance of the first certificate of occupancy, the project applicant shall upgrade approximately 500 feet of the 12-inch water main in Greenwood Avenue with a 16-inch water main from Potrero Grande Drive to the terminus of Greenwood Avenue.

Project applicant Prior to the issuance of first
occupancy permit
Public Works Department
MM 6-9 Prior to issuance of the first certificate of occupancy, the project applicant shall replace approximately 300 feet of the 6-inch water main with a 12-inch main between Taylor Drive and the existing 12- inch main in Orange Avenue.

Project applicant Prior to the issuance of first
occupancy permit
Public Works Department
MM 6-10 The City shall continue to collaborate with the San Gabriel Valley Municipal Water District (SGVMWD) to ensure that available water supplies meet anticipated demand in accordance with both the City’s and SGVMWD’s 2010 Urban Water Management Plans.

Public Works
Department/Community
Development Department
Ongoing Public Works
Department/Community
Development Department

MM 6-11 Prior to issuance of first occupancy permits, the project applicant shall prepare a water conservation comparison that demonstrates how the project can reduce water consumption by 5 percent over the 20x2020 requirements, for a 25 percent total reduction when compared to the project’s water demand on Table 5.6-6 of the DEIR. The reduction in water consumption shall be demonstrated through the use of project design features that include, but are not limited to, the features described in Mitigation Measures 6-1 through 6-6 and described in the City’s 2010 mandatory conservation ordinance.

Project applicant Prior to the issuance of first
occupancy permit
Public Works
Department/Community
Development Department

MM 6-12 The project applicant shall install time controlled systems for exterior building lights, parking areas, and outdoor signs to reduce energy consumption. These systems shall be programmed to account for variations in seasonal daylight times.

Project applicant Prior to the issuance of first
occupancy permit
Public Works
Department/Community
Development Department

MM 6-13 The applicant shall use lighter-colored or earth-toned building material and landscaping to reduce energy use, as shown in the Precise Plan.

Project applicant Prior to the issuance of a
building permit
Community Development
Department

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MM 6-14 High-efficiency lamps shall be installed for all street and parking lot lighting to reduce electricity consumption.

Project applicant Prior to the issuance of first
occupancy permit
Public Works Department
MITIGATION MEASURES INCORPORATED FROM THE 2000 MONTEREY PARK TOWNE PLAZA EIR

3.4 GEOLOGY/SEISMICITY
MM 3.4-1 As a precursor to initiation of the Proposed Action, closure of the North Parcel of the OII Landfill must be completed in accordance with USEPA and CIWMB requirements. As part of the Superfund process, the USEPA shall require the applicant to submit additional work plans, predesign, and construction related documents for the proposed project. The USEPA shall conduct detailed technical reviews of the documents, and subject to approval, can authorize commencement of remedial activities which are a prerequisite for development activities.

The applicant shall also include an analysis of the impacts to the project of a catastrophic failure of the South Parcel OII Landfill slope (parallel to and immediately south of the Pomona Freeway) as suggested by the USEPA. Final USEPA approval shall be provided to the City of Monterey Park prior to approval of grading permits for the landfill area of the site.

Project applicant Prior to issuance of grading
permits
Public Works Department
MM 3-4.2 Prior to the issuance of a grading permit for the project, a complete geotechnical report, subject to approval from the City of Monterey Park Building and Safety Division, shall be prepared by a California certified engineering geologist and a California registered geotechnical engineer with experience at landfill sites and previously contaminated sites. In addition to using the available site information the report will require supplemental field investigation, testing, and analysis to provide geotechnical design parameters for all aspects of the project. Included in the report shall be an analysis of the effects of settlement on the development in the closed landfill area of the site, and recommendations for on-going maintenance as needed.

Project applicant Prior to issuance of grading
permits
Public Works Department
MM 3-4.3 The project shall adhere to the recommendations of the RAP and the project geotechnical reports as approved by the Building and Safety Project applicant Prior to issuance of grading
permits
USEPA and Public Works
Department

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MM 3.4-4 The geotechnical report shall require in-grading geologic inspections to locate geologic faults exposed in cut slopes and excavation services. Recommendations shall be made by the geotechnical engineer with regard to the need for measures to prevent negative effects to project structures from seismically induced differential movement across those faults. Similar recommendations shall be made with regard to construction over cut/fill transition zones.

Project applicant Prior to issuance of grading
permits
Public Works Department
MM 3.4-5 The applicant shall complete freeway berm removal work in accordance with an approved work plan detailing the lead-soil excavation, handling and placement. The USEPA and California DTSC shall approve said work plan prior to the issuance of grading permits in the affected areas. Where possible, aerially lead impacted soil shall be disposed of within the final closed North Parcel OII landfill in accordance with the DTSC lead variance. If the lead concentration exceeds the amount allowable under the lead variance, then the lead impacted soil shall be disposed of in a Class I landfill.

Project applicant Prior to issuance of grading
permits
Public Works Department

HAZARDS AND HAZARDOUS MATERIALS
MM 3.5-1 Since the final permeable landfill cap will be penetrated by both gas collection wells and foundation support piles, the cap shall be designed to provide a seal around these penetrations. Cap design around both wells and piles shall be able to maintain its seal as the landfill materials settle, as much as 2.5 feet, plus any appropriate factor of safety. Designs for penetration shall be reviewed by a certified engineering geologist and a certified hydrogeologist prior to being submitted to the USEPA for approval.

Project applicant Prior to issuance of grading
permits
Public Works Department

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For areas of the project site outside the landfill area, risk based remediation shall be considered. It is also possible that passive remediation techniques (natural attenuation, bio-venting, or others) can be applied with regulatory agency approval. Application of these remediation techniques for impacted soils could eliminate the need to excavate and transport contaminated soil to the landfill, and thus reduce the potential for adverse impacts.

Differential settlement of the landfill surface has the potential to rupture lateral collection pipes or sever connections to monitoring probes. Proposed inspection procedures for passive gas collection system must insure proper operation of this system. In addition to risers, the inspection system must insure the structural integrity of collection lateral pipes. Periodic injection and extraction tests should be conducted to determine actual flow continuity and confirm sensor operation.

Project applicant Prior to issuance of grading
permits
Public Works Department

FIRE PROTECTION
MM 3.11-1 The project applicant shall pay the required Public Safety Impact Fee. Project applicant Prior to issuance of a building permit
Community Development
Department

MM 3.11-2 Building permits issued for the project shall be consistent with the most recently adopted Uniform Building Code (UBC) and the City Fire Project applicant Prior to issuance of a
building permit
Community Development
Department

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MM 3.11-3 All structures associated with the proposed project shall be completely installed with sprinklers, with standpipe spacing plans to be reviewed and approved by the Fire Department. Plans and specifications for the sprinkler system shall be submitted to the Fire Department for review and approval prior to construction plan approval.

Project applicant Prior to issuance of a
building permit
Fire Department
MM 3.11-4 Access points for the purpose of rescue shall be provided within all structures associated with the proposed project. The access points shall be reviewed and approved by the Fire Department prior to construction plan approval.

Project applicant Prior to issuance of a
building permit
Fire Department
MM 3.11-5 Fire hydrants shall be placed at approximately 300-foot intervals around the entire project site. Exact fire flow requirements and fire hydrant locations shall be first determined by the Fire Department.

Project applicant Prior to the issuance of first
occupancy permit
Fire Department
MM 3.11-6 Fire resistant construction meeting City requirements shall be incorporated into the building design.

Project applicant Prior to issuance of a
building permit
Community Development
Department

POLICE PROTECTION
MM 3.12-1 The project applicant shall pay the required Public Safety Impact Fee. Project applicant Prior to issuance of a building permit
Community Development
Department

MM 3.12-2 Prior to construction of the proposed project, the MPPD shall be consulted and included in the planning of the following project components:
 Landscaping
 Parking structure lighting
 Placement of security monitors
 Building design
 Restroom design and location
 Parking availability and restrictions surrounding the facility Project applicant Prior to issuance of a
building permit
Police Department
MM 3.12-3 An on-site security system, which includes security guards, alarms, and access limits after hours, shall be provided for the proposed project. The project applicant shall consult with MPPD regarding the features of this system.

Project applicant Prior to the issuance of first
occupancy permit
Police Department
MM 3.12-4 Visually isolated pockets within the development shall be minimized.

Emergency exit doors that have partially enclosing angled walls shall Project applicant Prior to issuance of a
building permit
Police Department

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MM 3.12-5 Project landscaping shall utilize irrigation systems to deter loitering or sleeping in such areas.

Project applicant Prior to issuance of a
building permit
Public Works Department
MM 3.12-6 Street and landscape lighting acceptable to the City Engineer shall be installed along the streets on each side of the development. Such lighting should be designed to minimize illumination impacts to adjacent residents.

Project applicant Prior to the issuance of a
building permit
Public Works Department
MM 3.12-7 The surface parking lot shall be well illuminated. Such lighting should be designed to minimize illumination impacts on adjacent residents.

Project applicant Prior to the issuance of a
building permit
Community Development
Department

MM 3.12-8 Upon completion of the proposed project, the applicant shall provide the MPPD with a site plan of the project. The plan shall include access routes, unit and/or building numbers, and any information that in the judgment of the Police Department might facilitate police response and/or minimize service requirements.

Project applicant Prior to the issuance of first
occupancy permit
Police Department
MM 3.12-9 Clearly identifiable address indicators shall be provided on all buildings.

Project applicant Prior to the issuance of first
occupancy permit
Public Works Department
MM 3.12-10 Project tenants shall discourage loitering of people and vehicles in parking areas.

Project tenants During operation Police Department
MM 3.12-11 The project applicant shall erect appropriate and aesthetically pleasing barriers (i.e. gates, fences, shrubbery) along property boundaries to minimize human intrusion into landscaped buffer areas.

Project applicant Prior to the issuance of first
occupancy permit
Public Works Department

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4. Mitigation Monitoring Reports
Mitigation monitoring reports are required to document compliance with the Mitigation Monitoring Program and to dispute arbitration enforcement resolution. Specific reports include:
 Field Check Report
 Implementation Compliance Report
 Arbitration/Enforcement Report

4.1 FIELD CHECK REPORT
Field check reports are required to record in-field compliance and conditions.

4.2 IMPLEMENTATION COMPLIANCE REPORT
The Implementation Compliance Report (ICR) is prepared to document the implementation of mitigation measures on a phased basis, based on the information in Table 3-1. The report summarizes implementation compliance, including mitigation measures, date completed, and monitor’s signature.

4.3 ARBITRATION/ENFORCEMENT REPORT
The Arbitration/Enforcement Report (AER) is prepared to document the outcome of arbitration committee review and becomes a portion of the ICR.

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5. Report Preparation

5.1 LIST OF PREPARERS
The Planning Center
William Halligan, Esq.

Vice President, Environmental Services

Leah Boyer
Associate Planner
City of Monterey Park
Jim Basham
Development Services Director

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6. Report Preparation

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Appendices

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ATTACHMENT 2
Market Place Development Agreement (DA-22-01) Ordinance Staff Report
April 5, 2023

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ORDINANCE NO. _____

AN ORDINANCE APPROVING AN AMENDED AND RESTATED

DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MONTEREY

PARK AND MONTEREY PARK RETAIL PARTNERS, LLC TO

FACILITATE THE DEVELOPMENT OF THE MONTEREY PARK

MARKET PLACE

THE CITY COUNCIL DOES ORDAIN AS FOLLOWS:

SECTION 1. Re
citals. The City Council finds and declares as follows:

A. Monterey Park Retail Partners, LLC, a California Limited Liability Company (“Developer”) entered into a development agreement dated January 16, 2013 (the “Development Agreement") with the City of Monterey Park (“City”), in connection with developing a commercial retail shopping center consisting of approximately 500,000 square feet and a minimum of 1,924 parking spaces on the Oil Cleanup/Edison site (the “Property”), as further described in the precise plan and tentative map approved in conjunction with the Development Agreement, known and referred to as the Monterey Park Market Place (the “Approved Project”).

B. Developer and its affiliates propose to amend and restate the Development Agreement (the “Amended and Restated Development Agreement”) in connection with possible revisions to the Approved Project to allow the development of its final phase with retail, auto dealership, last mile distribution, and/or warehouse uses, parking, and related improvements, as further described in the specific plan (“Specific Plan”) being considered in conjunction with the Amended and Restated Development Agreement (the “Project”) . The Amended and Restated Development Agreement is attached to this Ordinance as Exhibit “A,” and incorporated by reference.

C. T he City reviewed the Project’s environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the “CEQA Guidelines”).

D. On April 5, 2023, the City Council conducted a duly noticed public hearing to consider the Amended and Restated Development Agreement. Notice of the time, place and purpose of the public hearing was duly provided in accordance with Government Code §§ 65867, 65090 and 65091 and Monterey Park Municipal Code (“MPMC”) § 21.32.070.

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City of Monterey Park
Ordinance No. XXXX

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E. This Ordinance, and its findings, are based upon the entire administrative record considered during the April 5, 2023 public hearing including, without limitation, the staff report and accompanying documents.

SECTION 2. P
lanning Agency. Pursuant to MPMC § 2.56.020(C), the City Council is the Monterey Park Planning Agency for purposes of this Ordinance.

SECTION 3. Fi
ndings. Pursuant to Government Code § 65867.5, the City Council finds the following:

The Amended and Restated Development Agreement is consistent with the General Plan of the City of Monterey Park. The Amended and Restated Development Agreement furthers the goals of the General Plan and is in the interest of the general community welfare in that the Amended and Restated Development Agreement will, among other things, facilitate the development of the Property, which is consistent with the following General Plan policies:

1. Land Use (“LU”) Element Goal 1 [Commercial districts that allow a variety of retail, service, and entertainment uses and that accommodate flexibility over time];

2. LU Goal 2 [Dynamic mix of businesses, uses, and employment that sustains a strong local economy and contributes to a fiscally sustainable tax base];

3. LU Policy 2.1 [Provide flexible and clear development standards to allow commercial, professional, industrial, institutional, and hospitality businesses and uses to expand and thrive economically];

4. LU Goal 12 [High design quality in all new commercial developments and rehabilitation projects];

5. LU Policy 12.1 [Compatibility. Require new, infill, and rehabilitation projects in commercial districts be compatible with existing contexts in terms of site design, scale, building design, materials, and architectural approaches];

6. LU Goal 14 [The Market Place as a regional destination for diverse shopping, dining and entertainment experiences];

7. LU Policy 14.1 [Flexibility. Ensure that zoning regulations applicable to the Market Place properties provide focus for the uses the City looks to attract, while providing ﬂexibility to accommodate emerging new uses and markets over time];

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Ordinance No. XXXX

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8. LU Policy 14.2 [Traffic. Work with property owners and property managers to address and manage traffic associated with the Market Place, so that visitors avoid traveling through adjacent residential neighborhoods]; and

9. LU Policy 14.3 [High Design Quality. Insist upon high design quality and landscape treatments upon establishment and over time].

B. The Amended and Restated Development Agreement is also consistent with Economic Development Goal 7.0 and Policies 7.1 through 7.5.

C. The Development Agreement also provides certainty in planning and construction as well as orderly development, while providing assurance to the Applicant that it may construct the Project.

D. T he Amended and Restated Development Agreement complies with the conditions, requirements, restrictions, and terms of MPMC § 21.44.030, in that it includes all mandatory provisions required by Government Code § 65865.2 and does not include any provisions that are not authorized by the Development Agreement Act (Government Code §§ 65864 - 65869.5).

SECTION 4. E
nvironmental Assessment . Because of the facts set forth above, the Project is consistent with the Supplemental Environmental Impact Report (“ SEIR”) and Statement of Overriding Considerations certified (and adopted) by the City Council on December 19, 2012 via Resolution No. 11548 (State Clearinghouse No. 1999051058).

None of the elements set forth in Public Resources Code § 21166 or CEQA Guidelines § 15162 exists. Accordingly, no subsequent or supplemental Environmental Impact Report, Mitigated Negative Declaration or Addendum is required to be prepared before adopting the Project. The Notice of Consistency is attached as Exhibit “B,” and incorporated by reference. Implementation of mitigation measures identified in the SEIR will be monitored as called for in the Mitigation Monitoring and Reporting Program adopted on December 19, 2012.

SECTION 5. N
otice of Determination. The C ity Manager, or designee, is directed to file a notice of determination in accordance with CEQA §§ 21152, 21167(f); CEQA Guidelines § 15094; and any other applicable law.

SECTION 6. Pu
blic Benefits. The Development Agreement provides for public benefits including, without limitation:

A. The
Project will promote the public convenience, health, interest, safety, or welfare of the City and will not adversely affect the orderly development of property or the preservation of property values. Among other things, the Amended and Restated Development Agreement provides for a high- quality

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Ordinance No. XXXX

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mixed-use development, while preserving the City’s authority to impose health and safety regulations on the Project. The Monterey Park Market Place facilitates the utilization of a key site within the City strategically placed near the 60 Freeway to attract significant national and regional tenants and which is anticipated to attract and generate additional jobs and economic activity in the City, thereby preserving or raising adjacent property values and generating significant additional revenue for the City in the form of additional sales tax and/or property tax.

B. The Project facilitates the development of the Monterey Park Market Place development
on an underutilized site within the City and includes provisions intended to
ensure that such development will be of high-q uality architectural design with successful and high-quality tenants. It also permits construction of a significant commercial/distribution/warehouse project on a site designated in the General Plan for such a project.

C. A public benefits fee of at least $25,000 per year during the term of the Development Agreement (up to $175,000 annually during the term) that may be utilized by the City for any purpose.

SECTION 7. Incorporation of Amended and Restated Development Agreement ; Changes; Execution. In accordance with Government Code §§ 65864, et seq. this Ordinance approves the Amended and Restated Development Agreement in substantially the form attached as Exhibit “ A,” and incorporated into this Ordinance by reference.

A. The Am
ended and Restated Development Agreement may be changed before execution as authorized by the City Council during the public hearings for the Project.

B. The Am
ended and Restated Development Agreement may be changed before execution for minor clarifications and technical, clerical, corrections as approved by the City Attorney including, without limitation, completion of references, status of planning approvals, and completion and conformity of all exhibits to the Amended and Restated Development Agreement.

C. The Ci
ty Council authorizes the Mayor to execute the Amended and Restated Development Agreement on the City’s behalf in a form approved by the City Attorney . The City Manager, or designee, is authorized to execute amendments or operating memoranda as permitted by the Amended and Restated Development Agreement, in a form approved by the City Attorney.

SECTION 8. Construction. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of

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Ordinance No. XXXX

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this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.

SECTION 9. E
nforceability. Repeal of any provision of the Monterey Park Municipal Code does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.

SECTION 10.

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

SECTION 11.

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

SECTION 12.

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

SECTION 13.

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 14.

Publications. The City Clerk is directed to certify the passage and adoption of this Ordinance; make a note of the passage and adoption in the records of this meeting; and, within 15 days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.

SECTION 15.

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

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Ordinance No. XXXX

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SECTION 16. Effective Date. This Ordinance becomes effective on the 30 th day following its passage and adoption.

O
RDINANCE NO. ___ HAD ITS FIRST READING ON APRIL 5, 2023, ITS SECOND READING ON ____, AND WAS DULY PASSED, APPROVED, AND

ADOPTED BY THE CITY COUNCIL OF THE CITY OF MONTEREY PARK AT ITS REGULAR MEETING OF ______.

Jose Sanchez, Mayor
ATTEST:

________________________________
Maychelle Yee, City Clerk

APPROVED AS TO FORM:

________________________________
Karl H. Berger, City Attorney

Exhibit A: Development Agreement 22-01
Exhibit B: Notice of Consistency

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EXHIBIT A

AMENDED AND RESTATED

DEVELOPMENT AGREEMENT
This Amended and Restated Development Agreement (the “Agreement”) is made this ___ day of _______, 2023, by and between the CITY OF MONTEREY PARK, a general law city and municipal corporation (the “City”); MONTEREY PARK RETAIL PARTNERS, LLC, a California limited liability company (“MPRP”); MPRP Tract 1, LLC, a California limited liability company, MPRP Tract 2, LLC California limited liability company; and MPRP Tract 3, LLC, California limited liability company (collectively, “ Developer”). City and Developer may be collectively referred to as the “Parties” and each may be referred to as a “Party.” The Parties agrees as follows:

1. RECITALS. The Parties enter into this Agreement with reference to the following:

A. Government Code § 65864, et seq. and Monterey Park Municipal Code (“MPMC”) Chapter 21.110 (collectively, the “DA Regulations”) authorize City to enter into development agreements with persons having legal or equitable interests in real property for the development of such real property.

B. Developer owns approximately 51.1 acres of real property located in City’s jurisdiction which is legally described in attached Exhibit “A,” and is incorporated by reference (the “Property”).

C. MPRP and City previously entered into a development agreement dated January 16, 2013 (the “2013 Agreement”) which authorizes development of a commercial retail shopping center consisting of approximately 500,000 square feet and a minimum of 1,924 parking spaces on the Property known and referred to as the Monterey Park Market Place (the “Approved Project”). During the term of the 2013 Agreement, MPRP transferred portions of the Property to its three affiliates (the other Parties listed above).

D. The Approved Project is also described in the Final Environmental Impact Report and Supplemental Environmental Impact Report identified by State Clearinghouse Number 1999051058 (collectively, the “EIR”) and prepared pursuant to the requirements of CEQA.

E. Developer constructed approximately ______ square feet of commercial development on the Property. An approximately eight-acre portion of the Property located north of the 60 Freeway and west of Market Place Drive remains undeveloped. Developer proposes to develop this portion of the Property with retail, auto dealership, last mile distribution, warehouse uses, and/or parking, and related improvements, and from time to time renovate, improve, and/or modify the existing commercial development, all as further described in the Monterey Park Market Place Specific Plan (“Specific Plan”) being considered in conjunction with this Agreement (collectively, the “Project”).

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F. Developer and City desire to amend and restate the 2013 Agreement in connection with the adoption of the Specific Plan to allow the development of the Project.

G. Developer filed the following applications with City (the “Project Applications”):

i. An Application for the Specific Plan; and

ii. An application for approval of this Agreement.

H. This Agreement assists with land use planning certainty and provides for the orderly development of the Project in a manner consistent with Applicable Law including, without limitation, the MPMC and the General Plan.

I. All actions taken by City were undertaken in accordance with Applicable Law including the California Environmental Quality Act (Public Resources Code §§ 21000, et. seq.) (“CEQA”), and all of the other requirements of notice, public hearings, findings, votes and other procedural matters.

J. On ________, 2023, the City Council held a public meeting and took the following actions after making appropriate findings:

i. Resolution No. ____ finding that no subsequent or supplemental EIR is required for the Project and that the EIR remains the appropriate CEQA document for the Project;

ii. Introduced and waived first reading of Ordinance No. ____, approving the Specific Plan. Second reading and adoption occurred on ______, 2023.

That Ordinance becomes effective 30 days afterward.

2. DEFINITIONS. Unless the contrary is stated or clearly appears from the context, or is defined elsewhere within this Agreement, the following definitions govern the construction of the words and phrases used in this Agreement. Words and phrases not defined by this Agreement have the meanings stated in the MPMC and any successor statutes or regulations.

"Anniversary Date” means that date each yearly anniversary of the Effective Date.

“Applicable Law ” means all federal, state and local law including, without limitation, the MPMC, uncodified ordinances, resolutions adopted by the City Council, the Specific Plan, and all other regulations affecting the Property in effect on the Effective Date.

“CE
QA” means t he California Environmental Quality Act ( California Public Resources Code §§ 21000, et seq .) and the CEQA Guidelines (California Code of Regulations, title 14, §§ 15000, et seq.), as amended.

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“Conditions of Approval” means those conditions of approval imposed by City in connection with the Specific Plan.

“Development Impact Fees” or “DIF” means all City-adopted fees and monetary exactions that are designed to pay for new or expanded public facilities needed to serve, or to mitigate the adverse effects of, a given development project and that are imposed by City as a condition of approval of discretionary or ministerial permits for, or in connection with the implementation of, that development project.

The term “Development Impact Fees” does not include processing fees and charges as described in this Agreement . The term “Development Impact Fees” also does not include requirements that development be served by a public utility even if that public utility imposes a capital improvement fee or similar charge as a condition of providing service. The estimated DIFs to be paid for the Project are as set forth on attached Exhibit “B,” which is incorporated by reference.

“Director” means the City Manager, or designee. This Agreement anticipates that the Director will ordinarily be City’s Community Development Director.

“Discretionary Action(s)” or “Discretionary Approval(s)” means a City action requiring the exercise of judgment, deliberation or discretion on the part of City, including any board, agency, commission or department and any officer or employee thereof, in the process of approving or disapproving a particular activity, as distinguished from an activity which merely requires City, including any board, commission or department or any officer or employee thereof, to determine whether there has been compliance with Applicable Law.

“Effective Date” means, except as provided below, the date this Agreement which is the same as when the Enacting Ordinance (hereafter defined”) becomes effective.

Execution of this Agreement by the parties does not bind the Project or th e Developer to actually use or develop the Project pursuant to the terms of this Agreement until the Effective Date. Notwithstanding the foregoing, the indemnity obligations of Developer take effect as of the date this Agreement is executed.

“Enacting Ordinance” means Ordinance No. _____, adopted by the City Council on ________, approving this Agreement.

“Exactions” means all exactions, in -lieu fees or payments, dedications or reservation requirements, obligations for on- site or off- site improvements, construction requirements for public improvements, facilities, or services called for in connection with the development of or construction on the Property , whether such requirements constitute subdivision improvements, mitigation measures in connection with environmental review of any project, or impositions made under any applicable ordinance or in order to make a project approval consistent with the anticipated land use policies of the General Plan.

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“General Plan” means the Monterey Park General Plan as of the Effective Date except that the Housing Element to the General Plan may become effective after the Effective Date, and is incorporated into the “General Plan” for purposes of this Agreement upon its certification by the California Department of Housing and Community Development in accordance with Applicable Law.

“Minor Change” means changes, modifications or adjustments which are consistent with the overall intent of the Specific Plan and which do not materially alter the overall nature, scope, or design of the Project including, without limitation, construction or provision of additional parking spaces within any Parking Areas ; relocation of the existing Leachate Treatment Plant ; redevelopment of that parcel; and/or the configuration of internal circulation elements.

“Mortgage” means any mortgage, deed of trust, encumbrance, sale leaseback or other security interest encumbering all or any portion of the Property, given by Developer for the purpose of securing funds to be used for financing the acquisition of the Property or any portion thereof, the construction of improvements thereon and/or any other expenditures reasonably necessary and appropriate to develop and/or operate the Project.

“Mortgagee” means the holder of the beneficial interest under any Mortgage.

“Parking Areas” means the areas dedicated for parking, as set forth in the Specific Plan.

“Permitted Uses” means those uses that are specifically permitted by the Specific Plan or, alternatively, the MPMC.

“Processing Fees” means all processing fees and charges required by the City that are applied uniformly to all construction or development related activity including, without limitation , fees for land use applications ; building permit applications ; building permits; grading permits; shoring and excavation permits; hauling permits; encroachment permits; demolition permits ; subdivision or parcel maps ; lot line adjustments; street vacations; inspections; certificates of occupancy and plan check.

Processing Fees do not mean or include DIFs.

“Project Buildings” means all the buildings permitted under the Specific Plan.

“Project Facilities and Infrastructure” means public and semi- public facilities and infrastructure (including associated grading, engineering, design, construction, and supervision) only to the extent such facilities and infrastructure serve the Project.

“Specific Plan” means that certain specific plan approved for the Project by City Council as part of Ordinance No. ____ on______ , 2023.

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“Uniform Codes” means those Uniform Codes adopted by reference in the MPMC in accordance with Government Code §§ 50022.2, et seq. as required by applicable law including, without limitation, Health and Safety Code § 18944.5 and Title 24 of the California Code of Regulations. The Uniform Codes govern building and construction standards including, without limitation, the building, plumbing, electrical, mechanical, grading, sign, and fire standards.

“Zoning Regulations” means the zoning regulations in the MPMC that are part of the Applicable Law.

3. GENERAL ACKNOWLEDGMENTS. The Parties acknowledge that: (a) City entered into this Agreement pursuant to Applicable Law and City’s police powers under the California Constitution to, in part, address the need for public facilities and infrastructure in connection with the Project and other property in the area; and (b) nothing in this Agreement may be construed to limit or restrict the exercise by City of its police powers including, without limitation, those of eminent domain.

4. APPLICABILITY OF THIS AGREEMENT. This Agreement does not: (a) grant density or intensity exceeding that otherwise established in the Specific Plan; (b) eliminate future City approvals relating to the Project if applications seeking such approvals are initiated and submitted by the Developer after the Effective Date; (c) guarantee that Developer will receive any profits from the Project; (d) prohibit the Project’s participation in any benefit assessment district that is generally applicable to the surrounding properties; or (e) amend the General Plan.

This Agreement has a fixed term. Furthermore, City may apply any law in effect at the time of Developer’s future application for Project approvals.

5. INTEREST OF DEVELOPER. Developer represents to City that, as of the Effective Date, Developer has a legal or equitable interest in the Property subject only to encumbrances, easements, covenants, conditions, restrictions, and other matters of record.

6. DEVELOPMENT OF THE PROJECT. The Parties agree that:

A. General Development. Any development of the Project on the Property must be conducted in accordance with the terms and conditions of this Agreement.

B. Permitted Uses. The permitted uses of the Project, the density and intensity of use, the maximum height and size of proposed buildings, provisions for reservation or dedication of land for public purposes and location of public improvements, and other terms and conditions of development applicable to the Project must be those set forth in Applicable Law including, without limitation, the Specific Plan, Conditions of Approval, and this Agreement.

C. Public Benefits Payments. On or before the first Anniversary Date and each subsequent Anniversary Date during the Term, Developer must make a payment (the “Public Benefit Payment”) equal to the sum of (a) $25,000; (b) $1.00 multiplied by the square feet of net new floor area of any new Project Building

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that was completed following the immediately preceding Anniversary Date (as evidenced by the City’s issuance of a final certificate of occupancy therefor); and (c) ten percent of any rent (as calculated on a triple new basis) actually collected by Developer from the lessee of any new parking lot or parking facility completed on the Property since the immediately preceding Anniversary Date, less any free rent or rent credits granted to such lessee. Notwithstanding the foregoing, (y) the Public Benefit Payment may not exceed $175,000 in any given year, and (z) any Project Building intended for the following uses are exempt from payment of the Public Benefits Payment: sale or provision of retail goods or services including, without limitation, retail warehouse stores and discount clubs; banks; restaurants; grocery stores and supermarkets; department stores; retail eating establishments; art galleries; beauty/ health spas; fitness centers/gyms/health clubs; florist/nurseries; gas stations; Computer / Software / Technology; temporary/seasonal stores and kiosks; indoor amusement/entertainment/arcades; Medical/Professional/Administrative/Service Offices; or automotive uses, all as permitted under the Specific Plan. If a Project Building includes a mix of exempt and non-exempt uses, the Public Benefits Payment for that Project Building is based on the square footage of net new floor area of the non-exempt uses only.

D. Future Approvals. City agrees that land uses set forth in the Specific Plan and Conditions of Approval are approved or will be approved pursuant to the terms of this Agreement and Applicable Law, provided that Developer satisfactorily complies with all preliminary procedures, actions, payments and criteria applicable as of the Effective Date and generally required of developers by City for processing applications for land developments at such time. City agrees to grant and implement the necessary land use, zoning, site plan or subdivision approvals and to grant other approvals and permits, including ministerial approvals, that will accomplish or facilitate development of the Project for the uses and to the density or intensity of development described and shown in the Specific Plan, Conditions of Approval, and/or this Agreement pursuant to Applicable Law. Any future development of the Property not contemplated by this Agreement requires all discretionary approvals required by the Applicable Law (collectively, the “Future Conditions of Approval”).

E. Applicable Law. Subject to the limitations set forth in this Agreement, Developer may develop the Property in accordance with, and to the extent of, the Specific Plan, Conditions of Approval and this Agreement. City may impose reasonable conditions in connection with any subsequent discretionary permit actions, but such conditions and actions must not prevent development of the Project as contemplated by this Agreement, or place burdensome or restrictive measures on Developer in connection with the development of the Project.

F. Amendment to Applicable Law. In the event the MPMC is amended by City in a manner which provides more favorable site development standards than those in effect as of the Effective Date, Developer may notify City in writing of its desire to be subject to the new standards for the remaining term of this Agreement. If

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City agrees, by resolution of the City Council or by the Director’s approval, such new standards will become applicable to the Property.

G. Exception for Uniform Codes. Notwithstanding any part of this Agreement to the contrary, the Project is subject to the City’s enforcement of the “uniform codes” regulating building or construction standards which will apply to the Project at the time the City issues building permits.

H. Approval of Subsequent Tentative and Final Maps. Although the Applicable Law determines the standards for granting or withholding approval of tentative, vesting tentative and final maps and tentative, vesting tentative and final parcel maps, the procedures for processing approval of all such maps must be governed by regulations as may then be applicable.

I. Changes in State and Federal Rules and Regulations. Nothing in this Agreement precludes the application to the Project of changes in Applicable Law, the terms of which are specifically mandated and required by changes in state or federal laws or regulations as provided in Government Code § 65869.5. If City or Developer believes that such a change or addition required by California or federal law or regulation exists, then that Party must provide the other with a copy of such California or federal law or regulation and a statement of the nature of its conflict with the provisions of the Applicable Law and/or of this Agreement.

J. Permitted Fees and Exactions. Except as otherwise provided in this Agreement, and specifically excluding fees set by entities not controlled by City that are collected by City (e.g., schools fees), City may only charge and impose those Development Impact Fees and Exactions including, without limitation, dedications and any other fee or tax (including excise, construction or any other tax) relating to development or the privilege of developing, which are in effect on a Citywide basis as of the Effective Date. This Agreement will not be construed to limit the authority of City to charge processing fees for land use approvals, building permits or other similar permits or entitlements which are in force and effect on a Citywide basis at the time application is made for such permits or entitlements and which are designed to reimburse City’s expenses attributable to such application. Developer takes notice pursuant to Government Code § 66020(d) that City is imposing exactions upon the Project in accordance with the Mitigation Fee Act (Government Code § 66000, et seq.). Developer is informed that it may protest exactions in accordance with Government Code § 66020.

K. Term of Map(s) and Other Conditions of Approval. Pursuant to Government Code §§ 66452.6(a) and 65863.9, the term of any subdivision or parcel map that has been or may in the future be processed on all or any portion of the Property and the term of each of the Conditions of Approval will be extended for a period of time through the scheduled termination date of this Agreement.

L. Interpretation. Except for such changes as may in the future be mutually agreed

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upon between City and Developer or as otherwise provided in this Agreement, Developer intends to develop the Project in accordance with the Specific Plan, Applicable Law, the Conditions of Approval, and the terms and conditions of this Agreement. In the event of any conflict between the provisions in this Agreement, the Specific Plan, and Applicable Law, such conflict will be resolved in the following order of priority: (i) first, the Specific Plan; (ii) then, the Applicable Law; and (iii) finally, this Agreement.

7. OPERATING MEMORANDA.

A. The Parties acknowledge that the provisions of the Agreement require a close degree of cooperation and that new information and future events may demonstrate that changes are appropriate with respect to the details of performance of the Parties under this Agreement. The Parties desire, therefore, to retain a certain degree of flexibility with respect to the details of performance for those items covered in general terms under this Agreement. If and when, from time to time, the Parties find that refinements or adjustments are desirable, such refinements or adjustments will be accomplished through operating memoranda or implementation agreements approved by the Parties which, after execution, will be attached to this Agreement as addenda and become a part hereof.

B. Execution of Memoranda. Operating memoranda or implementation agreements may be executed on behalf of City by the City Manager and the City Attorney. In the event a particular subject requires notice or hearing, such notice or hearing will be appropriately given. Any modification to the terms of performance under this Agreement, other than a Minor Change, will be processed as an amendment of this Agreement in accordance with this Agreement and must be approved by the City Council

8. DEVELOPER’S RIGHTS. Developer has and is vested with the right, during the term of this Agreement, including any extensions, to develop the Project as set forth in the Specific Plan.

9. MATERIAL PROJECT MODIFICATIONS. Developer may apply to City for permits, variances, or other approvals to develop portions of the Project in a manner which may be materially inconsistent with the Specific Plan. In such event, such portions of the Project may be reviewed and approved pursuant to the rules, regulations, and procedures of City in effect at the time Developer makes application to City for such development, and to the extent any such application is inconsistent with this Agreement, such application must include an application to amend this Agreement.

10. NON-APPLICATION OF CHANGES IN APPLICABLE LAW. City’s subsequent adoption of any applicable general or specific plan, zoning, subdivision, or building regulation after the Effective Date of this Agreement, or any change in, or addition to, the Applicable Law (other than changes in Processing Fees as provided in this Agreement) including, without limitation, any changes in the General Plan or zoning regulations (including any regulation relating to the timing, sequencing, or phasing of the Project or construction of all or any part of the Project),

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adopted after the Effective Date of this Agreement including, without limitation, any such change by means of ordinance, initiative, resolution, motion, policy, order or moratorium, initiated or instituted for any reason whatsoever and adopted by any board, agency, commission or department of City, or by the electorate, as the case may be, which would, absent this Agreement, otherwise be applicable to the Project and which would conflict in any way with or be more restrictive than the Applicable Law or Developer’s entitlements under the Specific Plan, may not be applied to the Project during the term of this Agreement unless such changes constitute a change in Uniform Codes.

11. DISCRETIONARY APPROVALS. City will not require Developer to obtain any approvals or permits for the development of the Project in accordance with this Agreement other than those permits or approvals that are required by the Specific Plan or Applicable Law. However, any subsequent Discretionary Approval initiated by Developer that is not permitted by the Specific Plan or Applicable Law are subject to all applicable law then in effect. Approval of any off-site signs, digital signs, or signs otherwise not permitted pursuant to the MPMC and Applicable Law is not authorized by the Specific Plan and is not considered (for purposes of this Agreement) part of the Project.

12. TIMING OF DEVELOPMENT. To the maximum extent permitted by law, it is the Parties’ express intention that the Project will not be subject to any subsequently enacted initiative or ordinances adopted in response to an initiative which in conflict with the Specific Plan, Conditions of Approval and/or this Agreement including, without limitation, any subsequently enacted initiative or ordinance adopted regarding consistency with the Project and/or Conditions of Approval with the General Plan. Without limiting the foregoing, it is the further intention of the parties that development of the Property be exempt from any subsequently enacted initiative or ordinances adopted in response to an initiative or City Council action that limits the number of building permits which may be issued in any year or otherwise seeks to limit the Developer’s development plan. Because the California Supreme Court held in Pardee Construction Co. v.

City of Camarillo (1984) 37 Cal.3d 465, that the failure of the parties therein to provide for the timing of development resulted in a later-adopted initiative restricting the timing of development to prevail over the parties’ agreement, it is the parties’ intent to cure that deficiency by acknowledging and providing that, subject to any infrastructure phasing requirements that may be required by the Conditions of Approval, Developer may (without obligation) develop the Property in such order and at such rate and at such times as Developer deems appropriate within the exercise of its subjective business judgment. Notwithstanding this total exemption of the Property from local ordinances regulating the number of building permits which may be issued per year, if there is a judicial determination as a result of proceedings instituted by anyone not a party to this Agreement that the Property is subject to a subsequently adopted ordinance or initiative regulating the number of building permits which may be issued, then Developer shall be entitled to construct the amount of square feet of Project Buildings specified in the Conditions of Approval. As a material part of this Agreement, City agrees that it will not (except as otherwise specifically authorized herein) determine, or seek to have a judicial determination made, that the Property is subject to any subsequently enacted ordinance or initiative regulating the number of building permits which may be issued in any year. This commitment is necessary and in the best interests of the parties in order to provide the open space, parks, public facilities

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infrastructure necessary to meet the requirements of the Conditions of Approval, if any, and the needs of City.

13. PERMITTED USES. Permitted uses of the Property, the density and intensity of such uses, the maximum heights and sizes of the Project Buildings and improvements to be constructed on the Property, and the reservation and dedication of land for public purposes, if any, required in connection with the development of the Property are as set forth in and consistent with the Specific Plan, and this Agreement does not authorize construction of any building or improvement exceeding the maximum density or building heights set forth in or otherwise required by the Specific Plan, as it may be lawfully amended by Developer from time to time.

14. COVENANTS RUNNING WITH THE LAND. As of the Effective Date for any portion of the Property and continuing for the Term provided in this Agreement, the terms and provisions of this Agreement are enforceable by the Parties as equitable servitudes affecting such portion of the Property, constituting covenants running with such portion pursuant to California law including, without limitation, Civil Code § 1468. Each covenant herein to act or refrain from acting is for the benefit of or a burden upon such portion of the Property, run with such portion, and be binding upon Developer and the successors and assigns of Developer during their respective ownerships of such portion of the Property.

15. 2013 AGREEMENT. Upon full execution of this Agreement by the Parties, the 2013 Agreement is superseded in its entirety and is of no further force or effect.

16. OBLIGATIONS OF CITY. In consideration of Developer entering into this Agreement, City agrees to the following with respect to the development of the Property:

A. Processing. City recognizes that expeditious processing of ministerial permits and approvals and discretionary actions, if any, and any other approvals or actions required for the Project can be helpful to the Project. In recognition of this value, City agrees to reasonably cooperate with Developer to establish time frames for processing and reviewing such ministerial permits and approvals and discretionary actions and to comply with any timeframes established in the Conditions of Approval. Upon satisfactory completion by Developer of all required preliminary actions and payments of appropriate processing fees, if any, City must promptly commence and diligently proceed to complete all required steps necessary for the implementation of this Agreement and the development by Developer of the Property in accordance with the other Conditions of Approval including, without limitation, the following:

i. the holding of all required public hearings; and

ii. the processing and approval of all ministerial approvals and related matters as necessary for the completion of the development of the Project.

In this regard, Developer will, in a timely manner, provide City with all documents, applications, plans and other information necessary for City to carry out its obligations hereunder as required by the Applicable Law and

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must cause Developer’s planners, engineers and all other consultants to submit in a timely manner all required materials and documents therefore as required by the Applicable Law.

iii. Standard of Review. The rules, regulations and policies that apply to any ministerial approvals which must be secured before the construction of any portion of the Project must be the Applicable Law. Any ministerial approval, including without limitation a building permit, must be approved by City within a reasonable period of time after application is made therefor.

iv. Contract Services. If requested by Developer, at Developer’s expense, City must obtain outside contractual services as necessary to ensure prompt processing of all Conditions of Approval.

17. REIMBURSEMENT FOR CITY’S EFFORTS ON BEHALF OF DEVELOPER. To the extent that City, on behalf of (and requested by) Developer, attempts to enter into binding agreements with other entities in order to assure the availability of certain permits and approvals or services necessary for development of the Project as described in this Agreement, Developer must reimburse City for all costs and expenses incurred in connection with seeking and entering into any such agreement. Any fees, assessments or other amounts payable by City pursuant to any such agreement described herein must be borne by Developer, except where Developer has notified City in writing, before City entering into such agreement, that it does not desire for City to process an application from any third-party entity.

18. OTHER GOVERNMENTAL PERMITS. City agrees to cooperate with Developer in Developer’s endeavors to obtain permits and approvals as may be required from other governmental or quasi-governmental agencies having jurisdiction over the Property or portions thereof (such as, for example, without limitation, public utilities or utility districts and agencies having jurisdiction over transportation facilities and air quality issues), so long as the cooperation by City will not require City to incur any cost, liability or expense without adequate indemnity against or right of reimbursement therefor from Developer.

19. SIGN APPROVAL. Developer acknowledges that off-site signs and digital signs are currently prohibited in City and that any amendment to the MPMC prohibiting such signs must be submitted for voter approval. If Developer requests an amendment to the MPMC and the City Council, in its sole and absolute discretion, elects to submit any such measure to City’s electorate which would have the effect of permitting off-site and/or digital signs in City, Developer agrees to pay for any and all City fees and costs related to the potential preparation and election costs related to the ballot measure. In addition, Developer must defend and indemnify City against any legal challenge related to or arising from the proposed ballot measure.

20. TERM OF AGREEMENT. This Agreement is binding upon the Effective Date and, except as otherwise provided, remains in effect for a period of five years commencing from the issuance of the first Certificate of Occupancy for the Property unless terminated earlier by its terms or extended under this Section 20 (the “Term”). Pursuant to MPMC § 21.44.020(E), and except

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otherwise provided, this Agreement will automatically renew twice for an additional two-year Term, not to exceed a total Term of nine years. That automatic renewal will occur on the anniversary of the Effective Date unless either Party opts, in writing, not to renew the Agreement not less than 90 days before that renewal date. Nothing in this Section prevents Developer from applying to extend the Term for an period of time by providing a written extension notice to City within thirty days of the end of the Term, provided that there is no uncured default of any of Developer’s material obligations under this Agreement at the time. Expiration or termination of this Agreement does not invalidate any prior permits or approvals on the Property issued by City before such expiration or termination, nor does such expiration affect any right City may have by reason of Developer’s covenants to dedicate land or provide public improvements in conjunction with any portion of the Property which is under construction at such time.

21. PUBLIC BENEFITS. The Parties acknowledge and agree that Developer’s agreement to perform and abide by the covenants and obligations of Developer set forth herein is material consideration for City’s agreement to perform and abide by the covenants and obligations of City set forth herein, including without limitation the following specific public benefits for this Agreement:

22. MITIGATION MEASURES. Developer must comply with the Mitigation Measure and Reporting Plan (“MMRP”) adopted via Resolution No. XXXX on XXXX, 2022 is incorporated by reference into this Agreement as if fully set forth. Failure to comply with the MMRP constitutes a material breach of this Agreement.

23. GREEN CONSTRUCTION. Developer agrees to analyze the feasibility of incorporating green construction practices, materials and features that are environmentally sustainable into new Project Buildings.

24. NEXUS/REASONABLE RELATIONSHIP CHALLENGES. Developer consents to and waives any rights it may have now or in the future to challenge the legal validity of, the conditions, requirements, policies or programs required by the Applicable Law or this Agreement including, without limitation, any claim that they constitute an abuse of the police power, violate substantive due process, deny equal protection of the laws, effect a taking of property without payment of just compensation, or impose an unlawful tax.

25. OTHER GOVERNMENTAL PERMITS. Developer must apply in a timely manner for such other permits and approvals from other governmental or quasi-governmental agencies having jurisdiction over the Property as may be required for the development of, or provision of services to, the Project.

26. CONSTRUCTION AND FUNDING OF PROJECT FACILITIES AND
INFRASTRUCTURE. Developer must construct or fund the construction of any Project Facilities and Infrastructure at the time such Project Facilities and Infrastructure are needed to satisfy the requirements of the Specific Plan. Except as otherwise provided, Developer has no responsibility for the operation, maintenance, repair or replacement of Project Facilities and Infrastructure.

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27. IMPROVEMENT SECURITY. To the extent any Project Facilities and Infrastructure are not financed by a State agency and are being constructed following approval of the relevant final subdivision map, Developer must provide appropriate improvement security pursuant to Government Code §§ 66499, et seq. Any such improvement security must be released in the manner provided by Government Code § 66499.7. City agrees to use reasonable efforts to ensure the partial release of any improvement security provided by Developer upon the partial performance of the secured act or City’s good faith acceptance of the secured Project Facilities and Infrastructure as completion of such improvements progresses.

28. DEDICATIONS. To the extent that rights-of-way or other interests in real property owned by Developer within the Property are needed for the construction, operation or maintenance of Project Facilities and Infrastructure, Developer must dedicate such right-of-way or other interest in real property to City (or other appropriate entity) at the time such land is actually needed for Project Facilities and Infrastructure. Any public improvements constructed by Developer and dedicated to City, and any right-of-way or other real property dedicated to City, will be dedicated free and clear of any liens unacceptable to the City. City must consider accepting each offer of dedication of the Project Facilities and Infrastructure required by this Agreement or the Specific Plan within 60 days of such offer by Developer, provided that the applicable improvements are completed consistent with the Applicable Law. All other Developer offers of dedication required by this Agreement or the Project Approvals must be accepted by the City within a reasonable time, provided that the applicable improvements are completed consistent with Applicable Law.

29. REVIEW OF COMPLIANCE. City will conduct a review of this Agreement as set forth in the following subsections.

A. A
nnual Review. City must review the extent of good faith compliance by Developer with the terms of this Agreement at least once every 12-month period from the Effective Date of this Agreement.

B. P rocedure. Such annual review must be conducted in accordance with the MPMC.

C. N otice. City must notify Developer in writing of the date of review at least 30 days prior thereto.

D. G ood-faith Compl iance. During each annual review, Developer is required to demonstrate good faith compliance with the material terms of this Agreement.

Developer agrees to furnish reasonable evidence of good faith compliance as City, in the exercise of its reasonable discretion, may require. If requested by Developer, City agrees to provide to Developer, a certificate that Developer, or a duly authorized assignee, transferee or successor in interest, is in compliance with the terms of this Agreement, provided Developer reimburses City for all reasonable and direct costs and fees incurred by City with respect thereto.

E. P
roduction of Documents and Other Evidence. Developer agrees to furnish such reasonable evidence and adequate documentation of good faith compliance as

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City, in the exercise of its reasonable discretion, may require.

F. C ost of Annual Review. The actual and reasonable costs incurred by City in connection with the annual review must be borne by Developer.

G. F ailure to Conduct Annual Review. City’s failure to perform an annual review does not constitute a Developer default.

H. S pecial Reviews. In addition, the City Council may order a special periodic review of Developer’s compliance with this Agreement at any time. The cost of such special reviews will be borne by City, unless such special review demonstrates that Developer is not acting in good faith compliance with the material provisions of this Agreement. In such cases, Developer must reimburse City for all actual and reasonable costs, direct and indirect, incurred in conjunction with the special review.

I. P
rocedure for Review. The Director will conduct the review contemplated by this Section to ascertain whether Developer has reasonably complied in good faith with the material terms and conditions of this Agreement during the period for which the review is conducted. The Director will give Developer notice that any such review has been commenced, and give Developer at least 20 days after Developer’s receipt of such notice to provide the Director such information as Developer deems relevant to such review. In addition, upon the written request of the Director, Developer must furnish such documents or other information as reasonably requested by the Director.

J. F
inding of Compliance . If, following such a review, the Director finds good faith compliance by Developer with the material terms and conditions of this Agreement, the Director will issue to Developer an executed certificate of compliance, certifying Developer’s good faith compliance with the terms and conditions of this Agreement through the period of such review.

K. F
inding of Non-Compliance. If, following such a review, the Director finds that Developer has not complied in good faith with the material terms and conditions of the Agreement, the Director will provide notice to Developer detailing such non-compliance. Upon receipt of such notice, Developer (or a Mortgagee, if any, as provided in Section 30.B) may commence to cure the stated non-compliance in accordance with the terms of this Agreement. If Developer (or a Mortgagee, if any) fails to cure the non-compliance pursuant to the terms of this Agreement, the Director must notify the City Council that the Agreement be terminated.

Developer (or a Mortgagee, if any) may dispute any such claim of non- compliance or failure to cure at a public hearing before such termination.

L. E ffect on Default Procedures. Nothing in this Section may be interpreted to prevent City from providing Developer (and any Mortgagee that has requested such notice pursuant to Section 30.B) with a notice of default hereunder at any

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time, including any time other than during a periodic review under this Section, or from terminating this Agreement pursuant to the provisions of this Agreement.

30. MORTGAGES.

A. M
ortgagee Protec tion. No breach of this Agreement will defeat, render invalid, diminish or impair the lien of any Mortgage and any acquisition or acceptance of title or any right or interest in or with respect to the Property or any portion thereof pursuant to a Mortgage, foreclosure, trustee’s sale, deed in lieu of foreclosure or otherwise is subject to all of the terms and conditions contained in this Agreement and entitled to all of its benefits. City may not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement and does not, in City’s sole determination, diminish City’s benefits in this Agreement or the security for those benefits.

B. N
otice of Default to Mortgagee: Right of Mortgagee to Cure . If City receives notice from a Mortgagee requesting a copy of any notice of default given hereunder and specifying the address for service thereof, and the Mortgagee has recorded a copy of such request in the official records of Los Angeles County in the manner required under Civil Code § 2924b with respect to Requests for Notices of Default, then City must deliver to such Mortgagee, concurrently with service thereon to the applicable Party, any notice given to the applicable Party with respect to any claim by such Party that it has not complied in good faith with the material terms of this Agreement or has committed an event of default. Each Mortgagee has the right (but not the obligation) for a period of 90 days after the receipt of such notice from such Party to cure or remedy, or to commence to cure or remedy, the claimed default or act of noncompliance set forth in such Party’s notice. If the default is of a nature which can only be remedied or cured by such Mortgagee upon obtaining possession, such Mortgagee may (but is not obligated to) seek to obtain possession with diligence and continuity through foreclosure, a receiver or otherwise, and may (but is not obligated to) thereafter remedy or cure the default or noncompliance within 30 days after obtaining possession. If any such default or noncompliance cannot, with diligence, be remedied or cured within such 30-day period, then such Mortgagee may have such additional time as may be reasonably necessary to remedy or cure such default or noncompliance if such Mortgagee commences cure during such 30 day period, and thereafter diligently pursues and completes such cure.

C. L
iability for Past Defaults and Obligations . Subject to the foregoing, any Mortgagee, including the successful bidder at a foreclosure sale, who comes into possession of the Project or the Property or any part thereof pursuant to foreclosure, eviction or otherwise, will take such property subject to the terms of this Agreement and in no event will any such property be released from any obligations associated with its use and development under the provisions of this Agreement. Nothing prevents City from exercising any remedy it may have for a

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default under this Agreement.

D. B ankruptcy. N otwithstanding the foregoing provisions of this Section 9, if any Mortgagee is prohibited from commencing or prosecuting foreclosure, or other appropriate proceedings in the nature thereof, by any injunction issued by any court or by reason of any action by any court having jurisdiction of any bankruptcy or insolvency proceeding involving Developer, the times specified in Section 30.B for commencing or prosecuting foreclosure or other proceedings will be extended for the period of the prohibition.

31. DEFAULT AND REMEDIES.

A. N otice and Cure . In the event of failure by any Party substantially to perform any material terms, covenant or condition of this Agreement, which is required on its part to be performed, the non-defaulting Party has those rights and remedies provided in this Agreement, provided that such non-defaulting Party has first sent a notice of default, identifying with specificity the nature of the alleged default.

B. T
ime to Cure. In the case of a monetary default by Developer, Developer must promptly commence to cure the identified default and shall complete the cure of such default within 20 business days after receipt by Developer of the notice of default. In the case of a non-monetary default by either Party, the alleged defaulting Party must promptly commence to cure the identified default and complete the cure within 60 days after receipt of the notice of default. The 60-day cure period for a non-monetary default will be extended as is reasonably necessary to remedy such default, provided that the alleged defaulting Party commences such cure promptly after receiving the notice of default and continuously and diligently pursues such remedy at all times until such default is cured.

32. REMEDIES FOR MONETARY DEFAULT. In the event of default by Developer in the performance of any of its monetary obligations under this Agreement which remains uncured 20 business days after receipt by Developer of a notice of default from City and after expiration of Mortgagee’s cure period (if a Mortgagee of Developer has delivered a Request for Notice to City), City has available any right or remedy provided in this Agreement, at law or in equity. All of said remedies are cumulative and not exclusive of one another, and the exercise of any one or more of said remedies does not constitute a waiver or election in respect to any other available remedy.

33. REMEDIES FOR NON-MONETARY DEFAULT. In the event of non-monetary default by either Party hereunder which remains uncured (i) after expiration of all applicable notice, cure periods and other conditions contained in Section 31.B above , and (ii) in the case of a default by Developer, in addition to the foregoing and after the expiration of Mortgagee’s cure period (if a Mortgagee of Developer has delivered a Request for Notice to the City), the non-defaulting Party has available any right or remedy provided in this Agreement, or provided at law or in equity, except as prohibited by this Agreement. All of said remedies are cumulative and not exclusive of

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one another, and the exercise of any one or more of said remedies does not constitute a waiver or election in respect to any other available remedy.

A. City and Developer acknowledge that monetary damages and remedies at law generally are inadequate and that specific performance, including injunctive relief is an appropriate remedy for the enforcement of this Agreement. Therefore, the remedy of specific performance, including injunctive relief, is available to both City and Developer under this Agreement in the event of a non-monetary Default.

B. City does not have the right to sue for monetary damages as a result of a non- monetary default under this Agreement. Developer does not have the right to sue for monetary damages for any default under this Agreement.

34. TERMINATION OF AGREEMENT BY CITY. If City (a) finds and determines, on the basis of substantial evidence, that Developer has not been in good faith compliance with the material terms and conditions of this Agreement, or City finds and determines that there has been a default by Developer of its obligations under this Agreement; and (b) City provided notice and Developer (or a Mortgagee, if applicable) has not cured such default within the applicable cure period, City may commence proceedings to terminate this Agreement. The procedures for termination of this Agreement by City are as follows:

A. City must provide notice to Developer (and to any Mortgagee of Developer which has delivered a Request for Notice to City) of its intention to terminate this Agreement. The notice must contain the time and place of a public hearing to be held by the City Council on the determination of City to proceed with termination or modification of this Agreement. The public hearing may not be held earlier than: (i) 31 days after delivery of the notice to Developer, or (ii) if a Mortgagee has delivered a Request for Notice, the day following the expiration of the Mortgagee’s cure period.

B. If, following the conclusion of the public hearing, the City Council: (i) determines that Developer is in default of its obligations under this Agreement beyond the applicable rights, remedies and cure periods set forth in this Agreement or has not been in good faith compliance with this Agreement, as applicable, beyond the applicable rights, remedies and cure periods set forth therein; and (ii) further determines that Developer (or the Mortgagee, if applicable) has not cured the acts or omissions that constitute the basis of the determination under subsection (i) or, if those acts or omissions could not be reasonably remedied before the public hearing, that Developer (or the Mortgagee) has not in good faith commenced to cure or correct such acts or omissions before the public hearing or is not diligently and continuously proceeding therewith to completion, the City Council may terminate this Agreement.

35. TERMINATION OF AGREEMENT BY DEVELOPER. In the event that (i) City breaches this Agreement and has not cured such default within the applicable cure period, or (ii) as

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otherwise permitted under this Agreement, Developer may terminate this Agreement by providing notice to City. Termination is effective upon City’s receipt of Developer’s notice.

36. REQUIRED ACTIONS OF PARTIES; FURTHER ASSURANCES. City and Developer must execute all such instruments and documents and take in good faith all actions necessary or convenient to consummate the actions herein contemplated.

37. ASSIGNMENT. Developer may transfer or assign its rights under this Agreement in whole or in part to any person acquiring all or any portion of the Property and provide notice of such assignment to City. The terms, covenants, and conditions of this Agreement are binding upon any transferee whether or not such an assignment and assumption agreement is signed by the assignee upon acquiring the Property. Express assumption of Developer’s obligations under this Agreement by any such transferee or assignee releases Developer from the obligations so assigned, and City will look solely to the transferee or assignee for performance of the assigned obligations under this Agreement.

38. NEGATION OF AGENCY. Each Party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between City and Developer is that of a government entity regulating the development of private property by the owner of such property.

39. CONSIDERATION. City and Developer acknowledge and agree that there is good, sufficient and valuable consideration flowing to City and to Developer pursuant to this Agreement and more particularly set forth in the Recitals of this Agreement. The Parties further acknowledge and agree that the exchanged consideration hereunder is fair, just, and reasonable.

40. RECORDATION. As provided in Government Code § 65868.5, the City Clerk must record a copy of this Agreement with the Registrar-Recorder of the County of Los Angeles within 10 days following execution by both Parties. Developer must reimburse City for all costs of such recording, if any.

41. NOTICES. All notices under this Agreement must be in writing and are effective when personally delivered or upon receipt after deposit in the United States mail as registered or certified mail, postage prepaid, return receipt requested, to the following representatives of the Parties at the addresses indicated below or to such other addresses as one Party may provide to the other from time to time:

If to the City:

City of Monterey Park
320 West Newmark Avenue
Monterey Park, CA 91754
Attention: City Manager
With a copy to:

Burke, Williams & Sorensen, LLP
444 South Flower Street, Suite 2400
Los Angeles, CA 90071-2953
Attention: Karl H. Berger, Esq.

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If to Developer:

Monterey Park Retail Partners, LLC
1260 Stelton Road
Piscataway, NJ 08854
Attn: Jack Morris

and

Monterey Park Retail Partners, LLC
160 Essex Street
Lodi, NJ 07644
Attn: Joseph Marino

With a copy to:

The Weingarten Law Firm, LLC
1260 Stelton Road
Piscataway, NJ 08854
Attn: Sheryl Weingarten, Esq.

42. AMENDMENT OR CANCELLATION.

A. A
mendment by Mutual Consent. This Agreement may be amended from time to time by mutual written consent of the original parties or their successors in interest, with City’s actual and reasonable costs payable by amendment applicants, in accordance with the provisions of Government Code §§ 65867 and 65868 and provided that: (i) any amendment to this Agreement which does not relate to the term, permitted uses, density or intensity of use, height or size of buildings, provisions for reservation and dedication of land, conditions, terms, restrictions and requirements relating to subsequent discretionary actions, monetary contributions by Developer or any conditions or covenants relating to the use of the Property, does not require notice or public hearing before the parties may execute an amendment hereto; and (ii) any other amendment of this Agreement will follow the MPMC.

B. A
mendment Exemptions. It is contemplated by City and Developer that Developer may, from time to time, seek amendments to one or more of the Conditions of Approval and Future Conditions of Approval. Any such amendments are contemplated by City and Developer as being within the scope of this Agreement as long as they are consistent with the Applicable Law and will, upon approval by City, continue to constitute the Conditions of Approval as referenced herein. The parties agree that any such amendments do not constitute an amendment to this Agreement nor require an amendment to this Agreement.

C. A
mendment of Development Permits . Upon the written request of Developer, any Development Approval, including the Vesting Map and the Specific Plan may from time to time be amended or modified in the manner set forth in this

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Agreement, the Applicable Law and applicable State laws.

43. WAIVER. No waiver of any provision of this Agreement is effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought and referring expressly to this Section. No waiver of any right or remedy in respect of any occurrence or event is deemed a waiver of any right or remedy in respect of any other occurrence of event.

44. SUCCESSOR AND ASSIGNS. The provisions of this Agreement are binding upon and inure to the benefit of the Parties, and any subsequent owners of all or any portion of the Property and their respective successors and assigns. Any successors in interest to City are subject to the provisions set forth in Government Code §§ 65865.4 and 65868.5.

45. INTERPRETATION AND GOVERNING STATE LAW. This Agreement and any dispute arising hereunder are governed and interpreted in accordance with the laws of the State of California. This Agreement must be construed as a whole according to its fair language and common meaning to achieve the objective and purposes of the Parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party may not be employed in interpreting this Agreement, both Parties having been represented by counsel in the negotiation and preparation hereof. All legal actions brought to enforce the terms of this Agreement must be brought and heard in the Superior Court of the State of California, County of Los Angeles.

46. CONSTRUCTIVE NOTICE AND ACCEPTANCE. Every person who, now or hereafter, owns or acquires any right, title or interest in or to any portion of the Property is conclusively deemed to have consented and agreed to every provision contained herein, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Property.

47. NO THIRD PARTY BENEFICIARIES. This Agreement is made and entered into for the sole protection and benefit of the Parties and their mortgagee(s), successors and assigns. No other person or entity has any right of action based upon any provision of this Agreement.

48. COUNTERPARTS. This Agreement may be executed in two or more identical counterparts, each of which is deemed to be an original and each of which is deemed to be one and the same instrument when each Party signs each such counterpart.

49. INCORPORATION OF ATTACHMENTS. All recitals and attachments to this Agreement, including all Exhibits referenced herein, and all subparts thereto, are incorporated by this reference.

50. DETERMINATIONS. Whenever in this Agreement the consent or approval of any Party to this Agreement is required, such consent or approval may not be unreasonably withheld, conditioned, or delayed. In addition, unless a contrary standard or right is set forth herein, whenever any Party is granted a right to take action, exercise discretion, or make an allocation,

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judgment or other determination, each Party must act reasonably, in good faith and in accordance with the requirements of this Agreement.

51. HOLD HARMLESS AGREEMENT.

A. Developer hereby agrees to, and must defend, save and hold City and its elected and appointed boards, commissions, officers, agents, and employees harmless from, any and all claims, costs and liability for any damages, personal injury or death, which may arise, directly or indirectly, from Developer’s or Developer’s contractors’, subcontractors’, agents or employees’ operations under this Agreement, whether such negligent operations be by Developer or by any of Developer’s contractors, subcontractors, agents or employees. The foregoing hold harmless provision does not apply to any claims, costs or liability arising from the negligence or willful misconduct of City or City’s contractors, subcontractors, agents or employees.

B. Developer agrees to indemnify and hold City harmless from and against any claim, action, damages, costs (including, without limitation, reasonable attorney’s fees), injuries, or liability, arising from City’s approval of the Project, this Agreement, and all procedures with approving this Agreement (collectively, “Project Approvals”). Should City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the Project Approvals, Developer agrees to defend City (at City’s request and with counsel satisfactory to City) and will indemnify City for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this Section “City” includes the City of Monterey Park’s elected officials, appointed officials, officers, and employees. This defense and indemnification obligation specifically excludes any claims arising from City’s negligence or willful actions or omissions and any claims arising from the sole negligence or willful actions or omissions of the Oil Site Custodial Trust (“Trust”) related to existing and ongoing environmental remediation of the Property or actions taken in furtherance of the Trust’s duty to maintain and keep safe the Property before the time that Developer took possession or control of all or a portion of the Property.

C. This indemnification, hold harmless and defense requirement survives termination of this Agreement.

D. Absent a court order, the filing of any lawsuit(s) by a third party (not a Party to this Agreement) after the Effective Date against City and/or Developer relating to this Agreement or to other development issues affecting the Project does not delay or stop City’s processing or issuing any permit or authorization necessary for development of the Project, unless City in good faith determines that such delay is legally required or could potentially subject the City to monetary damages.

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52. ESTOPPEL CERTIFICATE. Either Party may, at any time, and from time to time, (but not more frequently than two times in any calendar year) deliver notice to the other Party requesting such party to certify in writing that, to the knowledge of the certifying Party, (i) this Agreement is in full force and effect and a binding obligation of the Parties, (ii) this Agreement has not been amended or modified either orally or in writing, or if so amended, identifying the amendments, and (iii) the requesting Party is not in default in the performance of its obligations under this Agreement, or if in default, to describe therein the nature and amount of any such defaults. A Party receiving a request hereunder must execute and return such certificate or give a written detailed response explaining why it will not do so within 30 days following the receipt thereof.

Each Party acknowledges that such a certificate may be relied upon by third parties acting in good faith. A certificate provided by City establishing the status of this Agreement with respect to the Property will be in recordable form and may be recorded with respect to the affected parcels at the expense of the recording Party. Failure to deliver such a certificate or a written denial within the time specified above constitutes a rebuttable presumption against the Party failing to provide the certificate that this Agreement is in full force and effect, without modification, except as may be represented by the requesting Party; and that there are no uncured defaults in the performance of the requesting Party except as may be so represented. All costs incurred in providing the notice(s) anticipated by this Section 52 including reasonable attorney’s fees are borne by the requesting Party.

53. AUTHORIZED DELAYS. Performance by any Party of its obligations hereunder is excused during any period of Excusable Delay, as hereinafter defined, provided that the Party claiming the delay gives notice of the delay to the other Parties within 30 days after the commencement of same has been ascertained. For purposes hereof, “Excusable Delay” means delay that directly affects, and is beyond the reasonable control of, the Party claiming the delay including, without limitation: (a) pandemic, (b) civil commotion or act(s) of terrorism; (c) riot; (d) strike, picketing or other labor dispute; (e) shortage of materials or supplies; (f) damage to work in progress by reason of fire, flood, earthquake or other casualty; (g) failure, delay or inability of City to provide adequate levels of public services, facilities or infrastructure to the Property including, by way of example only, the lack of water to serve any portion of the Property due to drought; (h) delay caused by governmental entities; or (i) litigation brought by a third party attacking the validity of this Agreement, the Specific Plan, or any other action necessary for development of the Project. Except for an Excusable Delay under clause (i) above, the payment of fees or monies by Developer under this Agreement is not excused or delayed during any period of Excusable Delay. The condition of the world, country, state or local economy does not constitute an Excusable Delay.

54. TIME IS OF THE ESSENCE. Time is of the essence of this Agreement and of each and every term and condition.

55. ENFORCEABILITY OF AGREEMENT. City and Developer agree that unless this Agreement is amended or terminated pursuant to the provisions of this Agreement and the Applicable Law, this Agreement is enforceable by any Party hereto notwithstanding any change hereafter in any Applicable Law
adopted by City which change, alter or amend the Applicable Law governing the development of the Property as of the Effective Date, as provided by Government Code §§ 65866 and 65867.5, unless City determines that the failure to apply such

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change would place the residents of City in a condition dangerous to their health or safety, or both. This Agreement does not prevent City from denying or conditionally approving any subsequent development project application by a third party not a successor-in-interest hereto on the basis of such existing or new rules, regulations and policies.

56. SINGULAR AND PLURAL; GENDER. Except where the context requires otherwise, the singular of any word includes the plural and vice versa, and pronouns inferring the masculine gender includes the feminine gender and vice versa.

57. ENFORCEMENT OF COVENANTS. All of the provisions of this Agreement are enforceable as equitable servitudes and constitute covenants running with the land pursuant to applicable law, including without limitation, Civil Code §1468.

58. ADMINISTRATION OF AGREEMENT. Any decision by City concerning the interpretation and administration of this Agreement and development of the Property in accordance herewith may be appealed by Developer to the City Council in accordance with the MPMC. Developer may not seek judicial review of any administrative decision without first having exhausted its remedies pursuant to this Section.

59. SEVERABILITY. If any article, section, subsection, term or provision of this Agreement, or the application thereof to any party or circumstance, to any extent, is invalid or unenforceable, the remainder of the article, section, subsection, term or provision of this Agreement, or the application of the same to parties or circumstances other than those to which it is held invalid or unenforceable, will not be affected thereby, and each remaining article, section, subsection, term or provision of this Agreement is valid and enforceable to the fullest extent permitted by law.

60. ENTIRE AGREEMENT. This Agreement supersedes any prior understanding or written or oral agreements between the Parties hereto respecting the within subject matter and contains the entire understanding between the Parties with respect thereto.

61. ELECTRONIC SIGNATURES. This Agreement 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.

62. AUTHORIZATION. Each person executing this Agreement represents and warrants that he or she is authorized and has the legal capacity to execute and deliver this Agreement on behalf of the Party for which execution has been made.

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CITY

CITY OF MONTEREY PARK,
A municipal corporation
By:_________________________________
Title: _______________________________

DEVELOPER

MONTEREY PARK RETAIL PARTNERS, LLC,
a California limited liability company
By:_________________________________
Title: _______________________________
MPRP TRACT 1, LLC, a California limited
liability company
By:_________________________________
Title: _______________________________

MPRP TRACT 2, LLC California limited
liability company
By:_________________________________
Title: _______________________________

MPRP TRACT 3, LLC, California limited
liability company
By:_________________________________
Title: _______________________________

[NEEDS CAO SIGNATURE LINE]

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EXHIBIT "A"

LEGAL DESCRIPTION OF PROPERTY

(Per Title Report)

Real property in the City of Monterey Park, County of Los Angeles, State of California, described as follows:

[TO BE ADDED]

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EXHIBIT B
Finding of Consistency with the Supplemental Environmental Impact Report for the Market Place Development (State Clearinghouse No. 1999051058)

April 5, 2023

On September 16, 2021, Monterey Park Retail Partners Tract 3, LLC, submitted a request for a conditional use permit (“CUP”) to add a fourth drive through restaurant at the Market Place development that the City Council approved December 19, 2012 (the “Project”).

The Market Place Precise Plan allowed up to three drive-through restaurants be approved ministerially; any subsequent drive- throughs require a CUP. The general layout, uses, parking, and traffic patterns are all the same as originally contemplated by the City Council on December 19, 2012.

The Project is considered a “ project” under the California Environmental Quality Act (“CEQA”). Accordingly, environmental review is required pursuant to CEQA (Public Resources Code §§ 21000, et seq.) and the CEQA Guidelines ( 14 Cal. Code of Regulations §§ 15000, et seq.).

Background

On December 19, 2012, the Monterey Park City Council adopted Resolution No. 11548 certifying the Final Supplemental Environmental Impact Report ( SEIR) for the Market Place project and adopting a Statement of Overriding Considerations (see Final EIR/EIS at State Clearinghouse No. 1999051058 ). Implementation of mitigation measures identified in the SEIR will be monitored as called for in the Mitigation Monitoring and Reporting Program adopted on December 19, 2012.

The circumstances, impacts, and mitigation requirements identified in the SEIR remain applicable to the proposed Project; there are no new issues and the level of environmental impacts identified in the SEIR is static.

Environmental Analysis

CEQA Guidelines § 15168(c)(2) states that if a project is proposed which has been the subject of a prior certified EIR, and “[i]f the [City] finds that pursuant to Section 15162, no new effects could occur or new mitigation measures would be required, the agency can approve the activity as being within the scope of the project covered by the … EIR, and no new environmental document would be required.”

CEQA Guidelines § 15162 defines the conditions under which a subsequent EIR would be required for a project as follows:

(1) Substantial changes are proposed in the project which require major revisions of the EIR due to the involvement of new significant environmental effects or substantial increase in the severity of previously identified significant effects;

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(2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and/or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was adopted, shows any of the following:

1. The revised project will have one or more significant effects not discussed in the previous EIR;

2. Significant effects previously examined will be substantially more severe than shown in the previous EIR;

3. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more signific ant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or

4. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

As stated above, the Project will not result in any new environmental effect not already considered in the SEIR.

Findings

Based on the above analysis, the City Council of Monterey Park makes the following findings:

1. On December 19, 2012, the City Council adopted Resolution No. 11548 and certified a Supplemental EIR for the project.

2. The Project will not facilitate the creation of any development beyond that anticipated and accounted for by the certified Supplemental EIR.

3. A pproval of the Project will not result in any new or increased environmental effects, and no new mitigation measures are required.

4. Pursuant to CEQA Guidelines § 15168(c)(2), no new environmental documentation is required for approval of the Project.

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City Council Staff Report
DATE: April 5, 2023
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Ron Bow, City Manager
SUBJECT: Receive and File Staff Report Summarizing The President of the United States Visit to Monterey Park
RECOMMENDATION:

It is recommended that the City Council consider:

1. Receiving and filing this staff report summarizing the President of the United States visit to Monterey Park;

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

EXECUTIVE SUMMARY:

On January 21, 2023, 11 people were murdered, and nine were injured as the result of a shooting spree. This tragedy is unprecedented in the City’s history and will affect our community for many years in the future.

In response to the tragedy, on Wednesday, January 25, 2023, the Vice President of the United States, Kamala D. Harris, traveled to Monterey Park to visit the site, laid flowers to honor the victims of the shooting, visited with victim’s families , and met with first responders and local elected officials.

On Tuesday, March 14, 2023, the President of the United States, Joseph R. Biden, Jr. (POTUS), traveled to Monterey Park to visit with the victim’s families, hosted a press conference regarding firearm legislation, and met with first responders and local elected officials.

In preparation for the POTUS’ visit, City staff worked diligently to create an incident action plan. It took various actions to ensure the community’s safety during this historic visit.

Staff recommends City Council consider receiving and filing this report documenting the preparation and response taken.

BACKGROUND:

Below is a summary of preparations and actions taken during the POTUS’ visit:

New Business - 5A

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Staff Report

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April 5, 2023

Pre-Planning
• March 8th - Monterey Park Police Department (MPPD) is notified by U.S. Secret Service (USSS) of a pending POTUS visit. The Library was identified as a potential site for the President to meet with VIPs and victims’ family members and the White House Advance team reached out to discuss preparations. • March 9th - Police Sergeant is embedded with USSS and attended all pre-planning meetings and accompany POTUS when he lands at Los Angeles International Airport (LAX). Members of the White House Advance Team and Secret Service visited and toured the Library to evaluate the space and make plans for what they would need to prepare and secure the building. The Initial Incident Action Plan (IAP) is completed by MPPD staff and on file at the City Clerk’s Office for reference. • March 9th - March 13th: Library staff and Public Works (PW) staff worked with the White House and Secret Service to prepare and secure the building; telecommunications equipment was set up, Secret Ser vice staff assessed the building and all its systems for security, a route through the building was established for the President, furniture was moved, and rooms were rearranged to accommodate meetings, Secret Service teams cleared and secured the building , a large tent was set up in the alleyway between the Library and Boys & Girls Club of the West San Gabriel Valley & Eastside for the President’s arrival. • MPPD receives verification that POTUS will visit Monterey Park on Tuesday, March 14th. He will be conducting a speech and press conference at the Boys & Girls Club and then meeting with the victims’ families in the Library. • Monterey Park Fire Department (MPFD) attended briefings and prep meetings. • MPFD performed fire safety inspections of involved buildings. • MPFD acquired additional communications equipment for EOC operations. • All off-duty MPPD personnel are notified of mandatory work on Tuesday, the 14th. • Supplemental traffic personnel are requested for mutual aid partners throughout the county.
• Additional SWAT resources and an armored rescue vehicle are requested from Pasadena PD.
• March 13th – City staff prepared and disseminated notices to affected properties, including residential and commercial.
• PW staff set out 125 long boards, 18 water barriers and 10 barricades at various intersections in preparation for street closures. Additionally, four (4) message boards were set out advising traffic delays.

Tuesday, March 14th, 2023
• 5:30 a.m. – Press begins arriving on Ramona Ave. Parking Officers begin closing surrounding streets and removing all parked vehicles.
• 6:00 a.m. – SWAT personnel briefing and site walk-through. o Staff arrived to work with White House and Secret Service teams to ensure preparations were finalized at the Library.
o MPFD Provided liaison support in the involved buildings.

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Staff Report

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April 5, 2023

o MPFD managed fire alarm detection and suppression systems within the involved buildings.
o MPFD secured HAZMAT team assistance from neighboring department. o MPFD provided a Safe House location at FS61.
o MPFD provided Fire & EMS protection within the secured area as well as the rest of the City of Monterey Park.
o Provided tactical medics to MPPD SRT team
o PW staff began support operations with MPPD for street closures.

• 7:00 a.m. – All MPPD personnel briefing in City Hall Council Chambers. • 7:30 a.m. – Canteen for all personnel established in the city hall lobby. Breakfast & Lunch
• 8:00 a.m. – The Emergency Operation Center (EOC) is activated by MPFD and MPPD and staffed with key City personnel to ensure adequate response. • 8:30 a.m. – Traffic personnel (assisting agencies) briefing – Council Chambers • 9:30 a.m. - MPPD begins closing all streets surrounding the venue. Invited guests start arriving.
• MPPD personnel are embedded in both venues to assist USSS with screening and security.
• 12:28 p.m. – POTUS arrives at LAX from San Diego.
• All streets surrounding the venues are locked down, and all traffic is restricted. • Garfield Avenue is closed from 10 freeway to Graves Ave. • 1:20 p.m. – POTUS arrives in Monterey Park.
o SWAT surrounds both venues and limits foot and vehicle traffic. o POTUS visited the Library following the speech at the B oys & Girls Club and stayed for approximately 3 hours to meet with elected officials and victims’ families.
• 3:30 p.m. – Departure traffic control has been established. • 4:30 p.m. – POTUS motorcade begins departure N/B on Garfield Ave. • 4:34 p.m. - POTUS departs Monterey Park.
• All traffic control points begin breaking down.
• EOC is closed for the event.
• 5:00 p.m. – All City personnel de-briefing in the Council Chambers.

FISCAL IMPACT:

Unknown at this time.

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Staff Report

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April 5, 2023
Respectfully submitted by: Prepared by:

Ron Bow
City Manager
Inez Alvarez
Assistant City Manager
Reviewed by:

Karl H. Berger
City Attorney

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City Council Staff Report
DATE: April 5, 2023
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Thomas Wong, Mayor Pro Tem
SUBJECT: Request for future agenda item regarding Gun Violence Restraining Orders (“GVRO”) and Potential Actions for Reducing Weapons within the City’s jurisdiction
RECOMMENDATION:

It is recommended that the City Council consider:

1. Receive and file this report;

2. Direct the City Manager and City Attorney to propose potential actions on a future meeting agenda regarding what the City can do to increase public awareness regarding GVROs and/or take action to reduce the number of guns within the City’s jurisdiction; and

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

EXECUTIVE SUMMARY:

After the mass shooting in January, the City Council took a number of actions to make a difference in reducing the incidents of gun violence within the Monterey Park community.

Among other things, the City Council adopted Resolution No. 2023-R15 on March 1, 2023 (see attached) which directs the City Manager and City Attorney to draft an ordinance for the City Council’s consideration and provide a report on what more might be done to reduce gun violence.

We should do more. Attached for the City Council’s review is information regarding GVROs and how one may obtain them. We should find out if the City can do anything to help inform the public about this resource and, if so, how.

Additionally, we should ask for a report regarding whether the City can step up efforts to legally remove weapons from the community. Since 2018, only 13 weapons were either accepted or removed (by California law) by the Police Department from individuals identified as having potential mental health issues. Is there something more that can be done? And how much would that cost?
Please join me in providing this direction to the City Manager and City Attorney.

City Communications - 6A

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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

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

City Clerk
Maychelle Yee

City Treasurer
Amy Lee

Re: SUPPORT FOR GUN LEGISLATION

On January 21, 2023, the City of Monterey Park became yet another of a growing list of communities to experience the tragedy of a mass shooting. An individual shot 20 individuals, killing 11. The shooter subsequently killed himself.

While our community continues to heal, the City Council believes it is vital that state and federal representatives take all action necessary to reduce the opportunity for another person to use a firearm to commit mass murder. To demonstrate the City’s support for such action, the City Council adopted Resolution No. 2023-R15 on March 1, 2023. A copy is enclosed.

As may be read, the City Council directed the City Manag er and City Attorney to make recommendations that may be adopted locally. Additionally, the City Council fully endorses enactment of the following proposed legislation at the state and federal levels: S14 (Feinstein); S25 (Feinstein); SB 2 (Portantino); SB 241 (Min); AB 28 (Gabriel) and AB 732 (Fong).

As leaders, we all are duty bound to protect our communities from harm. We are doing what we can on a local level. On behalf of all residents within our community, the City Council urges you to do the same and vote for these proposed laws.

_______________________ ___________________________
Jose Sanchez Thomas Wong
Mayor Mayor pro tem

______________________ ________________________ ______________________ Vinh Ngo Yvonne Yiu Henry Lo Councilmember Councilmember Councilmember

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RESOLUTION NO. 2023-R15

A RESOLUTION ADOPTED BY THE CITY COUNCIL SUPPORTING CERTAIN

PROPOSED FEDERAL AND STATE LEGISLATION REGULATING THE SALE

AND AVAILABILITY OF FIREARMS AND DIRECTING THE CITY MANAGER

AND CITY ATTORNEY TO PROVIDE OPTIONS FOR CITY REGULATIONS

NEEDED TO PROTECT PUBLIC HEALTH AND SAFETY FROM MASS
CASUALTY INCIDENTS (AS DEFINED).

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

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

A. On January 21, 2023, 11 people were murdered and nine were severely injured as the result of a shooting spree by an individual using a modified firearm that may be classified as an assault weapon.

B. For this Resolution, the City Council identifies a mass casualty incident (“MCI”) as one occurring in a relatively public place, involving four or more deaths – not including the shooter(s) – and shooters who select victims somewhat indiscriminately. The violence in these cases is not a means to an end – the shooters do not pursue criminal profit or kill in the name of terrorist ideologies (see “Public Mass Shootings in the United States:

Selected Implications for Federal Public Health and Safety Policy,” Congressional Research Service, April 16, 2013, pp.2-3).

C. The City Council recognizes that the regulation of firearms is controversial.

It cannot ignore, however, that the United States has less than 5% of the world’s population but 46% of the world’s civilian-owned guns (see, e.g., “U.S. Gun Policy: Global Comparisons,” Masters, Jonathan, Council on Foreign Relations, June 10, 2022). It ranks number one in firearms per capita (Id.) The United States also has the highest homicide-by-firearm rate of the world’s most-developed nations (Id.). Consequently, this matter is a national and regional health concern that requires immediate, realistic, and practical responses.

D. Since the beginning of 2023, there have been 73 MCIs in the United States including the one our community on January 21, 2023.

E. According to the Centers for Disease Control and Prevention (“CDC”), there were 45,222 firearm-related deaths in the United States in 2020.

That equates to approximately 124 people dying from a firearm-related injury each day. More than half of firearm-related deaths were suicides and more than 4 out of every 10 were firearm homicides (see “Fast Facts:

Firearm Violence Prevention,” Centers for Disease Control and Prevention, May 4, 2022).

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Resolution No. 2023-R15

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F. It is vital that the City Council act to the greatest extent possible to protect this community from violence resulting from firearms. While the City of Monterey Park’s ability to regulate firearms may be limited, it is empowered by the California Constitution to enact laws to protect public health and safety. Accordingly, this Resolution is adopted in accordance with the City’s police powers as enshrined in Article XI, § 7 of the California Constitution.

SECTION 2: Endorsements. The City Council endorses the following legislative proposals and authorizes the Mayor and City Manager to take all appropriate action to ensure that this draft legislation is adopted:

A. Federal Legislation. The City Council endorses enactment of the following Bills in the United States Senate:

1. S14 (Feinstein): A Bill to amend Title 18 of the United States Code to prohibit the purchase of certain firearms by individuals under 21 years of age, and for other purposes
(https://www.congress.gov/bill/118th-congress/senate-bill/14/text).

2. S25 (Feinstein): A Bill to regulate assault weapons, to ensure that the right to keep and bear arms is not unlimited, and for other purposes (see https://www.congress.gov/bill/118th-
congress/senate-bill/25/text).

B. California Legislation. The City Council endorses enactment of the following Bills in the California Senate:

1. SB 2 (Portantino): Concealed Weapons Permits
(https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=2 02320240SB2).

2. SB 241 (Min): Minimum training for firearm dealers (attached as Exhibit “A” for reference).

3. AB 732 (Fong): Relinquishment of firearms following conviction under the Penal Code.

SECTION 3: Direction. The City Council directs the City Manager and City Attorney to take the following actions within 90 days following adoption of this Resolution:

A. Draft an ordinance amending the Monterey Park Municipal Code (“MPMC”) in a manner substantially similar to that proposed by the Los Angeles County Board of Supervisors on February 7, 2023 adopting zoning regulations with a 1000 foot buffer zone between firearm dealers

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Resolution No. 2023-R15

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and sensitive areas (e.g., “child safety zones”) and between firearm dealers and other firearm dealers;

B. Propose amendments to the MPMC that, to the extent legally feasible, implement the following:

1. Restrict minors’ presence in gun and ammunition stores and requires corresponding signage to be posted at entrances to stores;

2. Require firearms dealers to maintain annual sales reports and make them available to law enforcement upon request;

3. Require firearms dealers to maintain a fingerprint log and make it available to law enforcement upon request;

4. Require firearms dealers to maintain and report inventory in real- time and make it available to law enforcement upon request;

5. Require firearms dealers to install and maintain security cameras and make footage available to law enforcement immediately upon request;

6. Require firearms and ammunition dealers to provide purchasers a letter regarding gun owner responsibilities and firearms laws;

7. Requiring signs to be displayed with specific language warning customers about the risk associated with access to firearms at any site where firearm sales or transfers are conducted within the City;

8. Requiring all firearms in a residence be securely stored in a locked container or disabled with a trigger lock;

9. Mandate liability insurance for firearms owners in the City;

10. The feasibility of implementing a City firearms database that may be accessed by first responders to protect the health and safety of those individuals and the larger community;

11. Banning the sale of .50 caliber handguns and ammunition in City; and

12. Prohibiting carrying/possession of firearms on all City owned property.

C. Provide such additional, practical, recommendations for changes in federal, state, or local laws that may help prevent a future MCI but also

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Resolution No. 2023-R15

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mitigate the aftershocks of such events. Such recommendations may include, for example, changes to the Internal Revenue Code that facilitate the creation of community funds that may accept – and disburse – tax exempt monies to persons affected by MCIs.

SECTION 4: Validity. If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Resolution are severable.

SECTION 5: Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5 and Monterey Park Municipal Code Chapter 3.95. Such electronic signatures will be treated in all respects as having the same effect as an original signature.

SECTION 6: Effectiveness. This Resolution will take effect immediately upon adoption.

PASSED AND ADOPT
ED this 1st day of March, 2023.
______________________________________
Jos
e Sanchez,
Mayor
ATTEST:
______________________________________
Maychelle Yee, City Clerk
APPROVED AS TO FORM:
___________________________
Karl H. Berger, City Attorney
Exhibits:

A – S B 241 (Min)

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Resolution No. 2023-R15

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State of California )
County of Los Angeles ) §
City of Monterey Park )

I, Maychelle Yee, City Clerk of the City of Monterey Park, California, do hereby certify that the foregoing Resolution No. 2023-R15 was duly and regularly adopted by the City Council of the City of Monterey Park at a meeting held on the 1 st day of March, 2023 by
the following vote:

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

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

Dated this 1
st day of March, 2023.

___________________________________
Maychelle Yee, City Clerk
City of Monterey Park, California

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Monterey Park City CouncilApril 5, 2023

Monterey Park City Council
April 5, 2023