Staff Report
May 3, 2023
ATTACHMENT 2
April 19, 2023 Staff Report
City Council Staff Report
DATE: April 19, 2023
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: Consideration and possible action to introduce an Ordinance amending Title 13, Chapter 12 of the Monterey Park Municipal Code (“MPMC”) in its entirety to regulate encroachments within the Public Right-of-Way RECOMMENDATION:
It is recommended that the City Council consider:
1. Introducing and waiving first reading of an Ordinance amending Title 13, Chapter 12 of the Monterey Park Municipal Code (“MPMC”) in its entirety regulating encroachments into public streets, easements, and right of ways; and
2. Taking such additional, related, action that may be desirable.
CEQA (California Environmental Quality Act):
This Ordinance was reviewed pursuant to CEQA. Adopting this Ordinance is exempt from further environmental review because it establishes rules and procedures for operation of existing facilities; minor temporary use of land; minor alterations in land use; new construction of small structures; and minor structures accessory to existing commercial facilities. The Ordinance, therefore, is categorically exempt from further environmental review under CEQA Guidelines §§ 15301; 15303, 15304(e); 15305; and 15311. F urther, adopting the ordinance is exempt from environmental review pursuant to CEQA Guidelines § 15061(b)(3) because the ordinance is for general policies and procedure - making. It can be seen with certainty that there is no possibility that the Ordinance m ay have a significant effect on the environment. Individual projects utilizing these regulations will each be separately subject to an environmental assessment. Finally, this Ordinance is exempt from further environmental review pursuant to CEQA Guidelines § 15269(a) because the protection of public and private property is necessary to maintain service essential to the public, health and welfare.
EXECUTIVE SUMMARY:
MPMC Chapter 13.12 regulates encroachments and construction within all public right of ways within the City . The regulations under this chapter were first implemented in the 1980s and are stale in comparison to industry standards. The proposed ordinance updates regulations for excavations and encroachments on, over, and under public rights- of-ways and public service easements.
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Staff Report
April 19, 2023
BACKGROUND:
Government Code Section 38775 permits the City to regulate and prohibit encroachments into and obstructions on public property. An encroachment includes, without limitation, the following:
Any construction work performed within public rights-of-ways or public service easements;
Any work other than construction work performed within a public right-of-way or public service easement that obstructs, or interferes with the use of, the public right-of-way or public service easement; and
Any structure or object that is placed or installed within a public right-of-way or within a public service easement in a manner that obstructs or otherwise interferes with the use of the public right-of-way or public service easement.
The proposed ordinance repeals and replaces current provisions and procedures under MPMC Chapter 13.12 and provides new permit requirements, including, exceptions to permits, procedures for permit application process, permit insurance requirements, guidelines for excavation in recently resurfaced public streets, requirements for traffic control plans and procedures for administrative review of permit decisions. The Ordinance also includes an encroachment permit application form and general conditions of approval applicable to all encroachments in the City.
FISCAL IMPACT:
None.
Respectfully prepared & submitted by:
Shawn Igoe
Director of Public Works
Approved by: Reviewed by:
Ron Bow
City Manager
Justin A. Tamayo
Deputy City Attorney
ATTACHMENTS:
1. Draft Ordinance
City Council Staff Report
DAT
E: May 3, 2023
AGENDA ITEM NO:
TO: T
he Honorable Mayor and City Council
FROM: Jessica Serrano, Director of Community Development SUBJECT: California Energy Commission California Automated Permit Processing (CalAPP) Program Grant
RECOMMENDATION:
It is recommended that the City Council consider:
1. Adopting a resolution retroactively authorizing the City Manager, or designee, to apply for, receive, and appropriate grant funds for the California Energy Commission’s California Automated Permit Processing (CalAPP) Program Grant; and
2. Taking such additional, related, action that may be desirable.
EXECUTIVE SUMMARY:
The California Energy Commission’s CalAPP Grant Program, funded by $20 million from the California Budget Act of 2021 authorized by Senate Bill 129, is intended to help cities and counties establish an online, automated solar permitting system. The City qualifies for a $60,000 grant to reimburse the City for staff or consultant time associated with implementing the solar permitting software, among others. Expediting solar permits will help the City comply with the Solar Access Act and will advance the City’s Going Green efforts towards promoting sustainability within the City.
Th
e application deadline was May 1, 2023 and funds are awarded on a first-come, first- served basis. Staff submitted our CalAPP Program Grant application on April 19, 2023 to meet this deadline. This is a reimbursable grant that allows for reimbursements through May 1, 2027.
lf
adopted, the proposed resolution would retroactively authorize the City Manager, or designee, to apply for the CalAPP Program Grant, to execute the grant agreement, and to implement a budget amendment if the City is awarded funds.
BACKGROUND:
In July 2021, $20 million from the California Budget Act of 2021, which was authorized by Senate Bill 129, was appropriated to the California Energy Commission to support a grant program to help cities and counties implement an online, automated solar permitting system.
Consent Calendar - 3J
Staff Report
May 3, 2023
In September 2022, the Solar Access Act was passed through Senate Bill 379, which requires that cities and counties automate the permitting process for certain solar installation projects by September 30, 2023 ( for cities and counties with populations greater than 50,000). This is intended to cut down the cost and wait times for obtaining a solar permit from cities.
The U.S. Department of Energy developed a solar permitting software called SolarAPP+.
This software will integrate with cities existing permitting software, is aimed at streamlining and automating applications, standardizes plans for most solar applications and provides an inspection checklist to assist with inspections.
The California Energy Commission administers the CalAPP Program Grant which is intended to assist local governments recover the cost of establishing an automated, online solar permitting system, including SolarAPP+ or a similar software. This grant can be used to reimburse staff or consultant time associated with implementing the solar permitting software, among others.
The maximum grant amount that a city can apply for is based on the latest estimated population available from the California Department of Finance (DOF). According to DOF’s estimates, the City’s population is 60,207 as of January 1, 2022. Cities with populations between 50,000 to 99,999 qualify for grant funding up to $60,000 on a first- come, first-served basis. The deadline to apply was May 1, 2023. Staff submitted our CalAPP Program Grant application to implement the SolarApp+ software on April 19, 2023 to meet this deadline. The City received an email on April 20, 2023 indicating that staff reviewed our application and is recommending approval by the Energy Commission.
FISCAL IMPACT:
The City may be granted up to $ 60,000 from the California Energy Commission to establish an online, automated solar permitting system . If grant funds are received, the attached resolution would allow the Finance Department to appropriate these funds.
Respectfully submitted by: Reviewed by:
Jessica Serrano
Director of Community
Development
Martha Garcia
Director of Finance
Staff Report
May 3, 2023
Approved by:
Reviewed by:
Ron Bow
City Manager
Karl H. Berger
City Attorney
ATTACHMENT:
1. Draft Resolution
Staff Report
May 3, 2023
ATTACHMENT 1
Draft Resolution
RESOLUTION NO.
A RESOLUTION RETROACTIVELY AUTHORIZING THE CITY
MANAGER, OR DESIGNEE, TO APPLY FOR, RECEIVE, AND
APPROPRIATE GRANT FUNDS FOR THE ENERGY COMMISSION’S
CALIFORNIA AUTOMATED PERMIT PROCESSING (CalAPP)
PROGRAM
BE IT RESOLVED by the Council of the City of Monterey Park as follows:
SECTION 1: The City Council finds and declares:
A. California Energy Commission’s CalAPP Grant Program, funded by $20 million from the California Budget Act of 2021 authorized by Senate Bill 129, is intended to help cities and counties establish an online, automated solar permitting system which will reduce the cost and wait times for obtaining a solar permit from the City.
B. The City qualifies for a $60,000 grant to reimburse the City for staff or consultant time associated with implementing the solar permitting software, among others.
C. If awarded, the CalAPP Program Grant must be expended by May 1, 2027.
D. Expediting solar permits will help the City comply with the Solar Access Act and will advance the City’s Going Green efforts towards promoting sustainability within the City.
SECTION 2: The City Council retroactively authorizes the City Manager, or designee, to execute documents to apply for, and potentially receive, up to $ 60,000 in grant monies from the California Energy Commission’s to be used for the implementation of an online, automated solar permitting system.
SECTION 3: The City Manager, or designee, is authorized to execute any required documents to receive the grant for the purposes identified above.
SECTION 4: The City Manager, or designee, is authorized to accept and spend the grant monies identified in this Resolution for the purposes set forth above.
SECTION 5: The City Council amends or supplements the City’s Budget to appropriate the monies identified by this Resolution to pay for the proposals made by the City in support of its grant application. The City Manager, or designee, is authorized to implement the purpose of this section.
SECTION 6: Severability. If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not
Resolution No.
affect the effectiveness of the remaining provision or application and, to this end, the provisions of this Resolution are severable.
SECTION 7: 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 8: Recordation. The Mayor, or presiding officer, is authorized to sign this Resolution signifying its adoption by the City Council of the City of Monterey Park and the City Clerk, or her duly appointed deputy, may attest thereto.
SECTION 9: Effective Date. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.
PASSED AND ADOPTED this 3
rd day of May, 2023.
________________________________
Jose Sanchez, Mayor
Attest:
__________________________
Maychelle Yee, City Clerk
Approved as to Form:
__________________________
Karl H. Berger, City Attorney
City Council Staff Report
DATE: May 3, 2023
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: HSIP Cycle 9 Garfield Avenue Traffic Signal Improvements Project – Award of Contract
RECOMMENDATION:
It is recommended that the City Council consider:
1. Authorizing the City Manager to execute a public works contract, in a form approved by the City Attorney, with PTM General Engineering Services, Inc. of Riverside in the contract amount of $428,028 for the HSIP Cycle 9 Garfield Avenue Traffic Signal Improvements, Specification No. 2022-016;
2. Authorizing the Director of Public Works to approve change orders and contingency up to $37,572, or 9% of the contract amount; and
3. Taking such additional, related action that may be desirable.
CEQA (California Environmental Quality Act):
The proposed project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations §15301 as a Class 1 categorical exemption (Existing Facilities). The project results in minor alterations to existing public facilities involving no significant expansion of the existing use. The Project is not anticipated to have any significant impacts with regards to traffic, noise, air quality or water quality.
EXECUTIVE SUMMARY
Per Resolution No. 2022-R32, the Public Works Director solicited bids for Capital Improvement Project No. 96028. The bid opening was held on March 23, 2023. Staff completed review of bids and recommends that the contract be awarded to PTM General Engineering Services, Inc., the lowest responsible bidder, in the amount of $428,028 plus 9% contingency.
BACKGROUND
In August 2018, the City submitted a grant application to be considered as part of HSIP Cycle 9 Program. The application included traffic signal improvements including installation of traffic signal hardware (lenses, backplates with reflective borders, mounting) and installation of pedestrian countdown signal heads and related improvements at all signalized intersections on Garfield Avenue between south city limit and north city limit.
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Staff Report
May 3, 2023
The City’s project was one of the 221 projects selected for funding and approved by City Council on December 18, 2019. This project is funded by HSIP Cycle 9 Grant budgeted in the 2022-2023 fiscal year Capital Improvement Program as Project No. 96028.
Staff opened bids on Tuesday, March 23, 2023 and has completed the review of all bids submitted. The bids are listed in the table below:
RANK BIDDER BASE BID AMOUNT
1 PTM General Engineering
Services, Inc. $428,028
The bid submitted by PTM General Engineering Services, Inc. is the lowest responsive bid from a responsible bidder. PTM General Engineering Services, Inc. license was verified with the California State Contractor’s License Board to be current, active , and in good standing. Registration with the California Departmen t of Industrial Relations (DIR) was verified. Staff also checked the contractor’s references and received positive feedback. Additionally, PTM has previously provided services to the City.
Since there was only one bid received for this project , staff conferred with Caltrans to verify that the bid results satisfied grant requirements . Staff followed all procedures to make this a competitive bid such as project advertising, days out on bidding, and bid opening. This information was submitted to Caltrans and confirmation was received that the bid received by PTM General Engineering Services, Inc. is acceptable as competitive for HSIP Cycle 9. Accepting this bid will avoid having to re-bid and receive higher construction costs.
FISCAL IMPACT
Funds for this project have been budgeted in Capital Improvement Project (CIP) No. 96028. There are sufficient funds for the contract amount of $428,028 and a contingency of $38,502 for a total of $466,530.
CIP No. 96004 – PROJECT TITLE
Base Bid $428,028.00
Contingency (9%) $38,502.00
Project/Construction Management/inspection (4.4%) $19,164.00 Total Estimated Project Cost $485,694.00
Project budget $485,694.00
.
Staff Report
May 3, 2023
Respectfully submitted and prepared by: Reviewed by:
Shawn Igoe
Director of Public Works
Martha Garcia
Director of Finance
Approved by:
Reviewed by:
Ron Bow
City Manager
Karl H. Berger
City Attorney
ATTACHMENT
1. PTM General Engineering Services, Inc. Proposal
Staff Report
May 3, 2023
ATTACHMENT 1
PTM General Engineering Services, Inc Proposal
City Council Staff Report
DATE: May 3, 2023
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Diana Garcia, City Librarian
SUBJECT: Reappointment to the Library Board of Trustees RECOMMENDATION:
It is recommended that the City Council consider:
1. Whether to reappoint one incumbent Library Board Trustee for a second term;
2. Taking such additional, related, action that may be desirable.
EXECUTIVE SUMMARY:
The term for the Library Board of Trustees is three years with the possibility of reappointment for one additional consecutive three-year term.
Jennifer Tang’s first term on the Library Board of Trustees will end June 30, 2023. If reappointed, she will serve through June 30, 2026.
BACKGROUND:
The Library Board of Trustees is an administrative body established pursuant to the California Education Code and Monterey Park Municipal Code (“MPMC”). MPMC Chapter
2.80 regulates the Library Board (in addition to applicable California law). The Library Board of Trustees is responsible for administering the Monterey Park Bruggemeyer Library.
Education Code § 18910 provides that:
“[t]he public library shall be managed by a board of library trustees, consisting of five members, to be appointed by the mayor … with the consent of the legislative body of the municipality.”
This is reflected in MPMC § 2.80.020 which provides that:
“[t]here is created and established a board of library trustees consisting of five members appointed by the mayor with the approval of the city council.” Pursuant to Education Code § 18911, the term of office for a trustee is three years. No person may serve more than two consecutive terms as a member of the board.
New Business - 5A
FISCAL IMPACT:
None.
Respectfully submitted by:
Diana Garcia
City Librarian
Approved by:
Reviewed by:
Ron Bow
City Manager
Karl H. Berger
City Attorney
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY PARK DECLARING MAY 6, 202 3 THE DAY OF INCLUSION OF THE 141ST ANNIVERSARY OF THE PASSAGE OF THE CHINESE
EXCLUSION ACT AND RECOGNIZING AND HONORING THE MONTH
OF MAY 202 3 AS ASIAN AMERICAN AND PACIFIC ISLANDER
HERITAGE MONTH
BE IT RESOLVED by the Council of the City of Monterey Park as follows:
SECTION 1: The City Council finds as follows:
A. On May 6, 1882, President Chester Arthur signed the Chinese Exclusion Act, the nation’s first law to prohibiting immigration solely based on ethnicity.
B. The Chinese Exclusion Act, renewed in 1892 and 1902, and made permanent in 1904, prevented Chinese lab orers from entering the U.S. and denied Chinese a pathway to citizenship for more than 60 years.
C. Chinese and Chinese Americans in the United States have suffered every moment, every action, every offense, and every heartbreak, as triggered and scripted by that Act.
D. The U.S. Senate in 2011 and the U.S. House of Representatives in 2012 unanimously condemned in Resolutions of the Chinese Exclusion Laws and affirmed Congress commitment to preserving the civil rights and constitutional protections for all people.
E. America is greater and more prosperous because we practice the ideals of inclusion, embracing everyone regardless of race, color, national origin, religion, or gender.
F. Asian Americans and Pacific Islanders strengthen our economy as entrepreneurs, busin ess owners, and employees who initiate and expand opportunities for their families, communities, and country. Their languages, art, cuisine, and other cultural elements have enriched the American experience .
Many have fearlessly responded to the call of du ty to defend our freedom as members of our Armed Forces.
G. Approximately 21 million residents of the United States identify themselves as Asian. About 1.5 million residents of the United States identify themselves as Native Hawaiian or other Pacific Islander, making up nearly 6 percent of the total United States population.
May 3, 2023
City Communications - 6A
Resolution No.
H. Congress chose the month of May to commemorate the Asian American and Pacific Islander Heritage Month because the first Japanese immigrants arrived in the United States on May 7, 1843 , and the transcontinental railroad was completed on May 10, 1869 , with substantial contributions from Chinese immigrants.
I. In 1977, Congress introduced a House resolution to proclaim the first ten days of May as Asian Pacific Heritage Week, a celebration of Asians and Pacific Islanders in the United States.
J. In October 1978, President Jimmy Carter signed a joint resolution designating this as an annual Asian Pacific Heritage Week.
K. In 1990, the month of May was chosen to commemorate the immigration of the first Japanese to the United States, which was in May 1843, and to mark the anniversary of the completion of the transcontinental railroad on May 10, 1869, in which the majority of the workers who laid the tracks were Chinese immigrants.
L. In 1990, Congress voted to expand Asian Pacific Heritage from a week to a month-long celebration . In May 1992, the month of May was permanently designated as Asian Pacific Heritage Month.
M. Understanding Asian and Pacific Islander history is essential for celebrating Asian American and Pacific Islander Heritage Month.
N. Asian Americans and Pacific Island ers have endured and overcome hardship and heartache. In the earliest years, tens of thousands of Gold Rush pioneers, coal miners, transcontinental railroad builders, a nd farm and orchard laborers were subject to unjust working conditions, prejudice, and d iscrimination, yet they excelled.
O. Even in the darkness of the Exclusion Act and Japanese Internment, Asian Americans and Pacific Islanders have persevered, providing for their families and creating opportunities for their children.
P. We acknowledge these A mericans for their contributions to government, industry and commerce, agriculture, science, literature, and the arts.
Q. California is one of the states with the most prominent Asian Americans and Pacific Islanders population . W e acknowledge the historical and cultural contributions of the Asian Pacific Americans in the development of the State of California and our nation.
R. The diversity of these groups includes Asian Indian, Bengali, Burmese, Cambodian, Chinese, Filipino, Guamanian, Hawaiian, Hmong, Indones ian, Japanese, Korean, Lao, Malayan, Okinawan, Pakistani, Samoan, Thai, Vietnamese, and others.
Resolution No.
SECTION 2: The City Council of Monterey Park declares the month of May 202 3 as Asian American and Pacific Islander Heritage Month. The people of the United States join together each May to pay tribute to the contributions of generations of Asian Americans and Pacific Islanders that enriched the history of the United States.
SECTION 3: The City Council of Monterey Park declares May 6, 202 3, the Day of Inclusion on the 14 1st anniversary of the passage of the Chinese Exclusion Act . We recognize the ramifications of the Chinese Exclusion Act , which caused racially discriminatory im migration measures, and honor the contributions of all Chinese Americans who have enriched our communities.
SECTION 4: 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 5: Recordation. The Mayor, or presiding officer, is authorized to sign this Resolution signifying its adoption by the City Council of the City of Monterey Park and the City Clerk, or her duly appointed deputy, may attest thereto.
SECTION 6: Effective Date. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.
PASSED AND ADOPTED this ___ day of ______________, 2023.
________________________________
Jose Sanchez, Mayor
Attest:
__________________________
Maychelle Yee, City Clerk
RES
OLUTION NO.
A RES
OLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY
PARK DECLARING MAY 18, 202 3 AS NATIONAL ASIAN AMERICAN
AND PACIFIC ISLANDER DAY AGAINST BULLYING AND HATE
BE
IT RESOLVED by the Council of the City of Monterey Park as follows:
SE
CTION 1: The City Council finds as follows:
A. Ma
y is Asian American and Pacific Islander (AAPI) Heritage Month.
B. May 18, 2023 would have been Vincent Chin’s 68th birthday. Vincent Chin was brutally murdered at the age of 27, in a 1982 hate crime and his life was cut short when two men brutally attacked him. His murder fueled a national Asian American activist movement that continues to this day.
C. Ther
e has been a rise in bullying, discrimination, and hate crimes against the Asian American and Pacific Islander (AAPI) community since the start of the COVID-19 pandemic.
D. Ev
ery day, kids of all ages suffer from being bullied in schools and online across the United States.
E. In t
he AAPI community, this problem is often compounded by cultural, religious, and linguistic barriers that can keep youth from seeking and receiving help. And certain AAPI groups – including South Asian, Muslim, Sikh, Micronesian, LGBTQ+, immigrant, and limited English proficient youth – are more likely to be the targets of bullying.
SE
CTION 2: The City Council of Monterey Park honors Asian Pacific American Heritage Month and Vincent Chin and declares May 18, 2023, as National AAPI Day Against Bullying and Hate.
SE
CTION 3: The City of Monterey Park joins Act To Change ( a national nonprofit dedicated to fighting bullying for Asian American and Pacific Islander youth) in sharing one vision - a world where all youth, including AAPI youth, have the opportunity to grow up feeling proud and supported in the development of their identities and sharing of their stories. The City of Monterey Park is committed to this important issue and encourages the public to foster dialogue, share resources, and learn more about what they can do to end bullying.
SE
CTION 4: 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.
SE
CTION 5: Recordation. The Mayor, or presiding officer, is authorized to sign this Resolution signifying its adoption by the City Council of the City of Monterey Park and the May 3, 2023
City Communications - 6B
Resolution No.
City Clerk, or her duly appointed deputy, may attest thereto.
SECTION 6: Effective Date. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.
PASSED AND ADOPTED this ___ day of ______________, 2023.
________________________________
Jose Sanchez, Mayor
Attest:
__________________________
Maychelle Yee, City Clerk