Monterey Park City Council
June 21, 2023

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. Mortgagee Protection. No breach of this Agreement will defeat, render inva lid, 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. Notice of Default to Mortgagee: Right of Mortgagee to Cure. If Ci ty 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. Liability for Past Defaults and Obligations. Subje
ct 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

default under this Agreement.

D. Bankruptcy. Notwithstanding 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. DEFAU
LT AND REMEDIES.

A. Notice and Cure. In the event of failure by any Par ty 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. Time
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

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

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.

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. Amendment by Mutual Consent. Th
is 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. Amendment Exemptions. I
t 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. Amendment 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

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,

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.

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

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.

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]

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]

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

June 7, 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 signif icant environmental effects or

substantial increase in the severity of previously identified significant effects; (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. Approval 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.

Staff Report
June 21, 2023
ATTACHMENT 3
City Council Staff Report, dated June 7, 2023 (without attachments)

City Council Staff Report
DATE: June 7, 2023
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Jessica Serrano, Director of Community Development SUBJECT: A public hearing to consider the following: 1) Zoning Code Amendment (ZCA-23-03) to adopt the Market Place Specific Plan (SP-23-01); 2) Zone Change (ZA-23-01) to re-zone properties from the Regional Specialty Center (R-S) zone with the Planned Development Overlay (P-D) zone to the Market Place Specific Plan (MPSP) zone; and 3) Development Agreement (DA-23-01) to amend in its entirety a Development Agreement between Monterey Park Retail Partners, LLC and the City of Monterey Park for properties collectively operating as the Monterey Park Market Place, located at 2000-5500 Market Place Drive, also identified by Assessor’s Parcel Numbers 5275-003-024, 025, 027, 029, 030, 031, 037, and 038.

RECOMMENDATION:

It is recommended that the City Council consider:

1. Opening a public hearing and taking testimonial and documentary evidence;

2. After closing the public hearing and considering the evidence submitted during that public hearing:
a. Introducing and waiving first reading of an Ordinance implementing a Zone Change (ZA-23-01) from the Regional Specialty Center (R-S) zone with the Planned Development Overlay (P-D) zone to the Market Place Specific Plan (“MPSP”) zone (Exhibit B);
b. Introducing and waiving first reading of an Ordinance approving a Development Agreement (DA-23-01) for the subject property (Exhibit C); and

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

EXECUTIVE SUMMARY:

The Monterey Park Market Place development was originally approved through a Precise Plan (PP-12-01) that was intended to redevelop a brownfield site to help stimulate the local economy and create jobs while preserving the environment and public safety of the area. Since the creation and implementation of PP-12-01, Phase 1 is complete, but Phases 2 and 3 remains unbuilt. Phase 2 includes the wrap-around road south of the Leachate Treatment Plant (LTP) and Thermal Destruction Facility (TDF), and Phase 3 is the built-out of the area west of the LTP/TDF.

Public Hearing - 4E

Staff Report

June 7, 2023

In recent years, market forces changed the way in which consumers conduct business: a decreased need for traditional brick-and-mortar stores and an increased demand for last mile facilities, warehouses, auto dealerships, and sound stages for the entertainment industry emerged since the beginning of the COVID-19 pandemic. The applicant seeks to create flexibility to allow for land uses that help address the changing landscape of the commercial/service sector by providing a framework through the proposed Market Place Specific Plan (“MPSP”) to allow for such uses. No immediate construction or development is proposed at this time.

The Project includes the proposed adoption of the MPSP to address the eventual build- out of the Market Place; it supersedes the existing Precise Plan. The Specific Plan will be identified within the Monterey Park Municipal Code (“MPMC”) and the entire Market Place Project site will be re-zoned from the Regional Specialty Center with Planned Development Overlay, to the MPSP. Further, the amended and restated Development agreement between the City and the Applicant will help ensure that the eventual build- out of the Market Place will provide a public benefit to the community.

Most recently, the City Council consider ed a similar proposal of the site that was not approved at its April 19, 2023 meeting. Following that date, on May 15, 2023, the applicant submitted a new application. That application includes a revised Specific Plan that includes new uses that would be permitted at the site for additional Council consideration.

CEQA (California Environmental Quality Act):

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” to the draft Ordinances.

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.

TYPE OF ACTION (LEGISLATIVE; QUASI-JUDICIAL; OR ADVISORY)

Legislative: The proposed Ordinances are legislative policy actions that, combined, would allow completion of the Market Place development . For this project, the City Council is the Planning Agency in accordance with MPMC § 2.56.020(c). In considering the proposed actions, the City Council acts in its legislative capacity. For any proposed zone changes, the City Council must make these findings (MPMC § 21.38.050):

• That the proposed zone change is consistent with the goals, policies, and objectives of the General Plan;

• That the proposed zone change will not adversely affect surrounding properties; and

Staff Report

June 7, 2023

• That the proposed zone change promotes public health, safety, and general welfare and serves the goals and purposes of the MPMC’s zoning regulations.

These findings are included in the draft Ordinances; the facts upon which these findings rely are also included with the draft documents. Approving the proposed Development Agreement is completely within the City Council’s legislative discretion.

BACKGROUND:

The City Council approved the Market Place development on December 19, 2012 by adopting PP-12-01 to regulate its development. The Market Place property is comprised of 63.68 acres, with a General Plan land use designation of Commercial and zoning of Regional Specialty Center (R-S), with a Planned Development (P-D) overlay. Ten parcels make up the site that includes all current commercial development anchored by Costco and Home Depot, with several other retail and service businesses, and multiple commercial eating establishments or restaurants, some of which include drive-throughs.

The developed areas are accessed from Market Place Drive which is off Potrero Grande Drive in the city and Paramount Boulevard in Montebello. There are also existing Leachate Treatment Plant (LTP) and Thermal Destruction Facility (TDF) facilities (which are not part of the Monterey Park Market Place commercial development), but contained within the subject site and the MPSP. The western portion of the site, west of the LTP/TDF operations, remains vacant (Phase 3). The subject site is surrounded by Southern California Edison facilities to the north, west, and east, and the 60 Freeway to the south (see Figure 1).

Figure 1: Monterey Park Market Place Specific Plan Aerial

Staff Report

June 7, 2023

Zoning Code Amendment

The applicant requests that the City Council approve Zoning Code Amendment (ZCA-23- 03) to adopt the MPSP (SP-23-01). This will establish a Specific Plan Zone in the Municipal Code and include the regulatory document of the Specific Plan, that will govern development within the subject site. The MPSP represents a tool for development to systematically implement the General Plan and the individual development proposals in the Market Place Phase 3 project area.

Contained within the MPSP are development standards permitted within the subject site, including the additional development of Phase 3 to allow for uses which were not previously permitted or contemplated as part of PP-12-01. As identified in the Specific Plan, the uses listed below for Phase 3 of the project may include:

• Construction of a last mile distribution center of up to 97,000 square feet of floor area;
• Construction of a warehouse of up to 175,000 square feet of floor area; • Construction of an automobile dealership with a collision or service center totaling up to 100,000 square feet of floor area; or
• Construction of up to 150,000 square feet of floor area of retail uses.

When the PP 12-01 was approved, the anticipated build-out of Phase 3 included retail uses, which remains on the list of development options. However, as the commercial and retail market has changed in the last 10 years, the developer’s ability to build out with retail uses has become less easily achieved. The additional uses of a last-mile distribution center, a warehouse, or an automobile dealership are proposed alternate uses. The proposed Specific Plan sets up the framework to allow the above listed uses.

With the additional alternative uses proposed in the Market Place Specific Plan, the applicant has included a Level of Service and Vehicle Miles Traveled Screening Analysis to support an auto dealership which will result in fewer trips generated than the build-out of Phase 3 with retail uses analyzed as part of the FEIR and SEIR for the overall project.

In a case where, a last mile distribution center or warehouse use is proposed, a similar traffic analysis will be necessary to ensure that those developments are not exceeding the traffic that was contemplated in the SEIR.

The proposed Specific Plan is consistent with the applicable General Plan Elements of the Land Use, Circulation, Safety and Community Service, Resource, and housing Goals and Policies as analyzed in the General Plan. Overall, the Specific Plan contains unique development standards and design guidelines to ensure that commercial development will be compatible with the site and existing development around the Specific Plan Area.

This is accomplished through the inclusion of design guidelines addressing the architectural design for the future development at the Market Place.

Staff Report

June 7, 2023

Zone Change

With the creation of the MPSP Zone and its Specific Plan as described above, it is proposed that the entire site that includes 10 parcels and is 63.68 acres in size be rezoned from its current zoning of Regional Specialty Center (R-S), with a Planned Development (P-D) overlay, to the MPSP Zone (ZA-23-01). This new MPSP Zone is consistent with the General Plan Land Use Designation of Commercial, since the underlying uses permitted within the MPSP are a broad range of retail and service commercial uses. All uses that are currently existing at the site or have been previously approved will remain as permitted uses, with the additional uses listed in the Specific Plan being permitted as well.

Development Agreement

Chapter 21.44 of the MPMC requires Development Agreements (DA) for large scale projects that require multiple entitlements and long-term commitment of both public and private resources. The original approval of the Market Place included a DA that was approved in 2013. However, with the new scenarios presented in Phase 3 of the project, a new DA (DA-23-01) is proposed to allow for the uses proposed and an updated public benefit payment. While the MPMC generally imposes a term of five years for development agreements – which is intended to facilitate the prompt development of approved projects – the City Council may change the term in its discretion. Here, the draft DA proposes an initial term of five years with two automatic renewals of two years each; these renewals would occur unless the DA were terminated not later than 90 days before the anniversary date (Section 20 of the DA). As a result, the applicant would have an extended time within which to construct improvements and the City would receive additional public benefit payments as contemplated by Section 6(c) of the DA. Assuming that the DA were in effect for the full nine-year term and the development was fully built out, the City could receive up to approximately $1.6M in public benefit payments.

Previous Application

As the Council is aware, it previously considered this matter in April 2023. On April 19, 2023, the City Council voted 2-1-1 (Mayor pro tem Wong declared a conflict and was not counted as part of the quorum) to adopt the draft ordinances that would have approved a previous version of this project. California law requires an affirmative three votes to adopt an ordinance. Consequently, the ordinances were not adopted.

Ordinarily, when an application for a discretionary permit is denied, a new application cannot be filed for one year from the date of denial (MPMC § 21.32.140). Both this application – and its previous version – seek only legislative actions by the City Council.

Consequently, the one year moratorium on a substantially similar project for the same site does not apply.

Staff Report

June 7, 2023
FISCAL IMPACT:

Fiscal impacts associated with adopting the DA includes a public benefit payment during the term of the DA which could amount to a total amount of approximately $1.6M. This public benefit payment is separate from anticipated sales tax revenue generated from development within the Project site. Sales tax revenue generated from the Market Place is shared with the City of Montebello via a Sharing Sales Tax Agreement. Sales tax revenue payments are payable by Monterey Park to Montebello at a rate of 18% from the generated sales tax. There is no sunset to the sharing agreement.

Respectfully submitted by: Prepared by:

Jessica Serrano
Director of Community
Development
Beth Chow, AICP
Senior Planner
Reviewed by:

Martha Garcia
Director of Finance
Approved by:

Ron Bow
City Manager
Karl Berger
City Attorney
ATTACHMENTS:

1. Zone Change (ZA-23-01) - Adopting Rezoning of the Market Place from Regional Specialty Center with Planned Development Overlay to the Market Place Specific Plan Ordinance

2. Market Place Development Agreement (DA-23-01) Ordinance

City Council Staff Report
DATE: June 21, 2023
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Inez Alvarez, Assistant City Manager
SUBJECT: Authorize the City Manager to ex ecute a license agreement with Chinatown Service Center to utilize the Sierra Vista C ommunity Center as a temporary MPK Hope Resiliency Center to provide mental health and wellness services in the wake of the January 21st shooting RECOMMENDATION:

It is recommended that the City Council consider:

1. Authorizing the City Manager, or designee, to execute a license agreement, in a form approved by the City Attorney with Chinatown Service Center to utilize the Sierra Vista Community Center as a temporary MPK Hope Resiliency Center to provide mental health and wellness services;

2. Determining whether to advance the rental and janitorial costs of the Sierra Vista Community Center until Antiterrorism Emergency Assistance Program (AEAP) grant funds are disbursed; and

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

EXECUTIVE SUMMARY:

Beginning in January 2023 Chinatown Service Center (CSC) spearheaded the efforts to assist with the mental health and wellness of community members following the January 21, 2023 mass shooting at the Star Ballroom dance studio.

In March 2023 Chinatown Ser vice Center was invited to apply for the Antiterrorism Emergency Assistance Program (AEAP) grant from the Federal Office for Victims of Crime (OVC) to fund the establishment of a Community Resiliency Center to serve the victims and community members affected by the incident. This grant guarantees Resiliency Center funding to affected communities, however disbursement is not immediate and it can take up to 18 months for agencies to receive funds.

Chinatown Service Center is seeking a location for a tempora ry Community Resiliency Center while they work on identifying a permanent location. City staff have worked with CSC to find potential City facilities to house a temporary Community Resiliency Center and have identified the Sierra Vista Community Center as a site.

The City would like to execute a license agreement with Chinatown Service Center for use of the Sierra Vista Community Center until December 31, 2023 . As part of the Consent Calendar - 3H

Staff Report
June 21, 2023

license agreement, the City will provide the space for Chinatown Service Center to provide individual and group therapy, wellness activities, tai chi and meditation and other activities for the community.

Staff is recommending City Council authorize the City Manager, or designee, to execute a license agreement, in a form approved by the City Attorney , to use the Sierra Vista Community Center to provide a temporary Community Resiliency Center.

BACKGROUND:

In March 2023 Chinatown Service Center was invited to apply for the Antiterrorism Emergency Assistance Program grant by consultan ts of the Federal government with the Office for Victims of Crime (OVC). AEAP grants are available by OVC invitation only. Shortly after an event, OVC will contact officials in the jurisdiction where the incident occurred to discuss the scope of victims’ n eeds and explain what resources may be available. These grants are offered to communities where mass casualty incidents have occurred and provide funding for resources and services to victims and residents beyond the acute phase of an incident in the form of a Community Resiliency Center.

The Office for Victims of Crime describes the purpose of a Community Resiliency Center as, “providing a safe and supportive healing environment for affected individuals and groups seeking to improve their emotional and physical health related to the trauma they experienced due to a mass violence incident.”

Since the invitation, CSC conducted four large community stakeholder meetings and many additional meetings with individuals and organizations to gather information in order to complete a needs assessment for a Community Resiliency Center . Through these meetings, CSC concluded the Resiliency Center will best serve the community with the following core services: counseling (individual and group), outreach and engagement, wellness workshops and community activities. Special attention has also been given to healing practices of the diverse faith communities in Monterey Park and the surrounding areas such as Buddhist meditation, chanting and walking meditation.

CSC will lead the Resiliency Center operations and manage the core services identified.

CSC anticipates that the operations of the Resiliency Center and the services offered will evolve and adapt according to the community’s needs.

City staff and elected officials have been involved in the stakeholder meetings since their inception and have worked with CSC to identify a potential space within the City that meets their needs for a temporary center . Staff will also assist with identifying vacant commercial spaces in the City for a more long-term solution.

The ideal square footage is around 3,000 square feet and the space should accommodate the following operations:

Staff Report
June 21, 2023

• Individual rooms for therapy
• Multipurpose spaces to accommodate groups programs of at least 25 attendees • An office space for staff to manage operations and the facility • An outdoor space for activities such as yoga and tai chi • Storage space for supplies and materials
• An optional kitchen space
In late May, staff from CSC and the City toured two City facilit ies, El Encanto and the Sierra Vista Community Center, and identified the Sierra Vista Community Center as a potential temporary space for the MPK Hope Resiliency Center . The Sierra Vista Community Center measures 2,416 square feet and meets most of the ne eds identified by CSC. It has outdoor space, an office, storage space, a multipurpose space that can be split with an accordion wall, and public restroom facilities.

Following the identification of the Sierra Vista Community Center as a potential locatio n, Chinatown Service Center also provided a draft budget of their total operational costs for the first 20 months of the Resiliency Center . Estimated costs included staffing and benefits, travel, supplies, contracts, utilities, outreach, promotion, and insurance costs for Chinatown Service Center to operate the Resiliency Center.

FISCAL IMPACT:

The current market rate of commercial space in Monterey Park is $2.21 per square foot, as determined in a lease comps report prepared by the Economic Development Manager. At 2,416 square feet, the rental cost for the Sierra Vista Community Center is $5,339.00 per month. Janitorial services for the facility are estimated to b e $1,380 per month. The rental and janitorial costs would total $40,314 for a six-month term.

This cost would also include utilities for the building, landscaping costs, security cameras, and facility maintenance as in -kind contributions. The City can also offer use of some of fice furniture, offi ce equ ipment, advertising and marketing support and promotional assistance through City media channels to help offset start-up costs.

Chinatown Service Center is currently writing the Antiterrorism and Emergency Assistance Program (AEAP) grant which includes funding for r ental space for the Community Resiliency Center at market rate. However, the disbursement of funds may take up to 18 months from submission of the application.

Council may elect to postpone collection of the rental and jan itorial costs of the Sierra Vista Community Center totaling $40,314 until the AEAP grant funds are received.

Staff Report
June 21, 2023

Respectfully submitted by: Prepared by:

Inez Alvarez
Assistant City Manager
Diana Garcia
City Librarian
Prepared by: Reviewed by:
______________________________
Robert Aguirre
Recreation and Community
Services Director
Martha Garcia
Finance Director
Approved by:

Ron Bow
City Manager
Justin A. Tamayo
Deputy City Attorney
ATTACHMENT(S):

1. Draft License Agreement and Exhibit A

Staff Report
June 21, 2023
ATTACHMENT 1
Draft License Agreement and Exhibit A

LICENSE AGREEMENT BETWEEN THE

CITY OF MONTEREY PARK AND

CHINATOWN SERVICE CENTER
THIS LICENSE is made and executed this 21 st day of June 2023, between the CITY OF MONTEREY PARK, a general law city and municipal corporation (“CITY”), and CHINATOWN SERVICE CENTER, a California public benefit corporation (“LICENSEE”). The Parties agree as follows:

1. LICENSE; DESCRIPTION OF PROPERTY. CITY licenses LICENSEE to use, on the terms and conditions in this License, space indicated in attached “Exhibit A,” which is incorporated by reference, located at 311 RURAL DRIVE, 91754 commonly referred to as SIERRA VISTA COMMUNITY CENTER (“Property”). CITY’s action is not, and cannot be construed to be, a conveyance of a property interest or a lease; it is a license to use property only.

2. USE OF PROPERTY.

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

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

3. TERM. Except as provided in Section 4, the term of this license will begin on March 15, 2023 and end on December 31, 2023. Upon mutual written agreement between the parties, this License may be renewed for additional time.

4. TERMINATION.

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

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

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

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

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

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

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

7. HAZARDOUS/TOXIC WASTE. CITY has not, nor, to CITY’s knowledge, has any third party used, generated, stored or disposed of, or permitted the use, generation, storage or disposal of, any Hazardous Material (as defined below) on, under, about or within the Property in violation of any law or regulation. LICENSEE agrees that it will not use, generate, store or dispose of any Hazardous Material (as defined below) on, under, about or within the Property in violation of any law or regulation. LICENSEE agrees to defend and indemnify CITY, to the extent stated in Section 10, against any and all losses, liabilities, claims or costs arising from any breach of any warranty or agreement contained in this Section. As used in this Section, “Hazardous Material” means any substance, chemical or waste that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation (including petroleum and asbestos).

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

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

10. INDEMNIFICATION.

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

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

C. LICENSEE expressly agrees that this release, waiver, and indemnity agreement is

intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion is held invalid, it is agreed that the balance will, notwithstanding, continue in full legal force and effect.

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

E. The requirements as to the types and limits of insurance coverage to be maintained by LICENSEE as required by Section 11 below, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by LICENSEE pursuant to this License, including but not limited to the provisions concerning indemnification.

11. INSURANCE.

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

Type of Insurance Limits (combined single)
Commercial general liability: $2,000,000 per occurrence Workers compensation Statutory limits
B. Commercial general liability insurance will meet or exceed the requirements of the most current ISO Forms. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to name CITY, its officials, and employees as “additional insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be carried by CITY will be excess thereto. Such insurance will be on an “occurrence,” not a “claims made,” basis and will not be cancelable except upon 30 days prior written notice to CITY except for nonpayment of premiums which may be cancelable upon ten day notice.

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

mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.

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

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

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

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

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

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

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

18. NOTICES. Except as otherwise expressly provided by law, all notices or other communications required or permitted by this License or by law to be served on or given to either party to this License by the other party will be in writing and will be deemed served when personally delivered to the party to whom they are directed, or in lieu of the personal service, upon deposit in the United States Mail, certified or registered mail, return receipt requested, postage prepaid, addressed to LICENSEE at:

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

City of Monterey Park
Attention: City Manager, Ron Bow
320 W. Newmark Ave. Monterey Park, CA 91754
Either party may change its address for the purpose of this Section by giving written notice of the change to the other party.

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

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

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

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

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

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

24. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this License and to engage in the actions described herein. This License may be modified by written agreement. CITY’s city manager, or designee, may execute any such amendment on behalf of CITY.

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

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

CITY OF MONTEREY PARK LICENSEE,
_______________________ ___________________
Ron Bow, Peter Ng,
City Manager Chief Executive Officer
APPROVED AS TO FORM:
_________________________________
Karl H. Berger, City Attorney

Exhibit A: Map of Sierra Vista Community Center Located at 311 Rural Drive, Monterey Park, CA 91754

City Council Staff Report
DATE: June 21, 2023
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: Consideration of Map No. 71473 for a Subdivision of Single Lot to Facilitate a Four-Unit Residential Development, Located at the southeast corner of South Orange Ave and Pepper Street
RECOMMENDATION:

It is recommended that the City Council consider:

1. Adopting a resolution approving Parcel Map No. 71473;

2. Authorizing the City Manager to execute a Subdivision Improvement Agreement for Parcel Map No. 71473 in a form approved by the City Attorney;

3. Authorizing the Public Works Director, or designee, to sign Parcel Map No. 71473; and

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

CEQA (California Environmental Quality Act):

The Project was categorically exempt from the requirements of CEQA pursuant to CEQA Guidelines § 15332 as a Class 32 categorical exemption (Infill Development).

EXECUTIVE SUMMARY
The proposed Parcel Map was reviewed by the Public Works Director for compliance with applicable law. Except for the required public improvements, it meets all legal requirements. Because the subdivider is providing a subdivision improvement agreement, the Parcel Map must be approved by the City Council per Monterey Park Municipal Code § 20.22.220.

BACKGROUND
The project is a four-unit residential development located at the east side of South Orange Avenue, on the south side of Pepper Street. On June 26th, 2018, the Parcel Map for this Project was deemed approved, subject to all other sections within the Subdivision Map Act and applicable law. On May 17, 2023, the Parcel Map was approved for an extension (MPMC § 20.04.120 allows for such extensions).

The developer has not yet constructed the public improvements required by the tentative map. The public improvements include construction of a new curb, gutter, sidewalk, driveway aprons in the street right-of-way; planting trees; parkway landscaping; and irrigation system installation along the frontage of the site. Additionally, all on-site utility services will be placed underground. The developer is eager to record the final map and Consent Calendar - 3I

Staff Report

June 21, 2023

begin construction. To ensure completion of these improvements, the developer must enter into a subdivision improvement agreement. The developer provided acceptable sureties to guarantee construction of all on-site and off-site improvements, as follows:

Faithful Performance Labor and Materials
Public Improvement Bond $141,515.00 $70,758.00
Grading Bond $206,750.00 N/A

FISCAL IMPACT
The approval of this Parcel Map has no fiscal impact on the City beyond the additional property tax and sales tax this development will generate.

Respectfully submitted and prepared by: Prepared by:

Shawn Igoe
Director of Public Works

Vivian Chen
Civil Engineering Associate

Approved by:

Reviewed by:

Ron Bow
City Manager
Karl H. Berger
City Attorney

ATTACHMENT

1. Resolution

2. Subdivision Agreement

3. Subdivision Map

Staff Report
June 21, 2023

ATTACHMENT 1
Resolution

RESOLUTION NO.

A RESOLUTION APPROVING FINAL PARCEL MAP NO. 71473 FOR A

FOUR-UNIT RESIDENTIAL DEVELOPMENT PROJECT AT THE

SOUTHEAST CORNER OF SOUTH ORANGE AVENUE AND PEPPER
STREET

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

SECTION 1: The City Council finds as follows:

A. The Public Works Director reviewed a tentative parcel map for a four-unit residential project at the southeast corner of South Orange Avenue and Pepper Street (Parcel Map No. 71473);

B. Ordinarily, the Public Works Director may approve final parcel maps. Parcel Map No. 71473, however, requires a subidivision improvement agreement which must be authorized by the City Council in accordance with Monterey Park Municipal Code (“MPMC”) § 20.08.090(b); and

C. The 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”).

SECTION 2: Environmental Assessment. The Project is categorically exempt from additional environmental review pursuant to CEQA Guidelines §§ 15332 as a Class 32 categorical exemption (Infill Development).

SECTION 3: Final Parcel Map Findings. Based upon the entirety of the record including, without limitation, the staff report, the City Council approves Final Parcel Map No. 71473 for the following reasons:

A. The Final Parcel Map substantially conforms to the MPMC and Subdivision Map Act (Government Code §§66410, et seq.); and

B. The City Manager is authorized to execute the subdivision improvement agreement, in a form approved by the City Attorney, referenced in this Section.

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

Resolution No.

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

SECTION 6: Recordation. The Mayor, or presiding officer, is authorized to sign this Resolution signifying its adoption by the City Council of the City of Monterey Park and the City Clerk, or his duly appointed deputy, may attest thereto.

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

PASSED AND ADOPTED this 21st day of June, 2023.

____________________________
Jose Sanchez, Mayor

ATTEST:

________________________________
Maychelle Yee , City Clerk

APPROVED AS TO FORM:

________________________________
Karl H. Berger, City Attorney

Staff Report
June 21, 2023

ATTACHMENT 2
Subdivision Agreement

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City Clerk
City of Monterey Park
320 W Newmark Ave
Monterey Park, CA 91754
No fee per Government Code § 6103

SUBDIVISION IMPROVEMENT AGREEMENT
PARCEL MAP NO. 71473
THIS AGREEMENT ("Agreement") is made and entered into this 21st day of June, 2023, by and between the CITY OF MONTEREY PARK, a general law city and municipal corporation ("CITY") and Goldstar Development Inc., a California corporation ("SUBDIVIDER").

The Parties agree as follows:

1. RECITALS. This Agreement is made with reference to the following facts and objectives:

A. SUBDIVIDER presented CITY with a final subdivision map on land identified as Map No. 71437 ("Map").

B. SUBDIVIDER requested that CITY approve the Map before construction and completion of improvements including, without limitation, streets, highways, public ways, grading, fences, and public utility facilities ("Improvements") which are part of or appurtenant to the subdivision ("Subdivision") identified on the Map. The Improvements must be constructed in accordance with plans and specifications on file with CITY.

C. This Agreement is entered into in accordance with the Subdivision Map Act ("Act") and applicable ordinances adopted by CITY including, without limitation, as codified in the Monterey Park Municipal Code ("MPMC").

2. CONSTRUCTION OF IMPROVEMENTS. At its sole cost and expense, SUBDIVIDER agrees to furnish the equipment, labor and materials necessary to complete the Improvements on the Map set forth in attached

Exhibit "A," which is incorporated by reference, and such other improvements required by CITY ordinances and/or the City Council when approving the Map. All of the above work, together with appurtenances, contingencies and engineering costs, are more particularly shown on the improvement plans for the Map. In addition, SUBDIVIDER agrees that because of condition No. 19 in Planning Commission Resolution No. 10-18, that it will construct and maintain the public streets, up to the centerline along the entire property frontages, identified as "Orange Avenue" and "Pepper Street" (collectively, the "Street") in the manner set forth in plans entitled "Street Improvement Plan" included in Public Works Permit No. PW 18-00475.

If construction of the Street does not conform with CITY's standard specifications for public streets, SUBDIVIDER therefore agrees to provide a 10-year warranty for maintenance and reconstruction of the Street.

3. ESTIMATED COST OF IMPROVEMENTS.

A. The parties agree that the estimated cost of the improvement work, except for the Street, is $379,726.00.

B. The parties agree that the estimated cost of the Street is $212,273.00.

4. COMPLETION. SUBDIVIDER must complete all Improvements within 12 months after recording the Map or within such further time as may be granted by the City Council.

5. COMPLETION BY CITY. Should SUBDIVIDER fail to complete the Improvements within the time for completion, CITY, at its option, may enter onto SUBDIVIDER's property to complete the Improvements at SUBDIVIDER's cost.

6. WARRANTY OF IMPROVEMENT PLANS. SUBDIVIDER warrants that the plans and specifications for the Improvements comply with the tentative map approval and the master plan for the Subdivision previously approved by CITY's Planning Commission and the City Council, together with all conditions made a part of such approval(s). SUBDIVIDER further warrants that the plans and specifications can be relied upon to accomplish the improvement work covered by this Agreement in a good, workmanlike manner and in accordance with accepted construction practices. Should the plans and specifications at any time before final acceptance of the Improvements prove to be inadequate in any respect, SUBDIVIDER agrees to make such changes deemed necessary by CITY to accomplish improvement work in a good, workmanlike manner and in accordance with accepted construction practices. SUBDIVIDER further agrees to make or cause to be made such engineering, soils and other reports as may be required by CITY.

7. CITY NOT LIABLE FOR PLANS AND SPECIFICATIONS. CITY is not an insurer or surety for the design or construction of the Subdivision. And no CITY official, officer, or employee is liable or responsible for any claim arising during construction of the Subdivision or Improvements, unless it can be shown that such person specifically directed that the Subdivision or Improvement be accomplished in a manner contrary to the wishes and desires of SUBDIVIDER, and SUBDIVIDER filed a written objection with the City Engineer before commencing such work or Improvement.

8. WARRANTY OF WORK.

A. SUBDIVIDER warrants that the Improvements will be constructed in a manner consistent with CITY's specifications and the highest industry standards. Should any Improvement fail to comply with warranty or any other provision of this Agreement within one year after CITY's final acceptance, SUBDIVIDER must, without delay and without cost to CITY, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the improvements. Should SUBDIVIDER fail to act promptly or in accordance with this requirement or any other provision of this Agreement for 30 days after receipt of written notice from the City or should the exigencies of the case require repairs or replacements to be made before SUBDIVIDER can be notified, CITY may, at its option, make the necessary repairs or replacements or perform the necessary work and SUBDIVIDER must pay to CITY the actual cost of such repairs plus 15% for CITY's administrative overhead costs. This Section is not a waiver of any other right CITY may have for correcting faulty workmanship or defective materials.

B. As to the Street, SUBDIVIDER warrants that the Street will be constructed in a manner consistent with Condition No. 19 and specifications approved by CITY that are generally consistent with the highest industry standards. Should the Street fail to comply with this warranty or any other provision of this Agreement within 10 years after CITY's final acceptance, SUBDIVIDER must, without delay and without cost to CITY, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the Improvements. Should SUBDIVIDER fail to act promptly or in accordance with this requirement or should the exigencies of the case require repairs or replacements to be made before SUBDIVIDER can be notified, CITY may, at its option, make the necessary repairs or replacements or perform the necessary work and SUBDIVIDER must pay to CITY the actual cost of such repairs plus 15% for CITY's administrative

overhead costs. This Section is not a waiver of any other right CITY may have for correcting faulty workmanship or defective materials.

9. REPAIRS AND REPLACEMENTS. SUBDIVIDER must replace/repair, as appropriate, all pipes and monuments shown on the Map destroyed or damaged by SUBDIVIDER's actions and to replace/repair, as appropriate, any property damaged or destroyed by SUBDIVIDER. Any such repair or replacement must be completed to City's satisfaction and approval.

10. CITY'S RIGHT OF ENTRY. SUBDIVIDER grants City a license to enter SUBDIVIDER's property to inspect the improvements constructed by SUBDIVIDER and to ensure compliance with this Agreement.

II. CONTRACT SECURITY.

A. Concurrently with the execution of this Agreement, SUBDIVIDER must furnish:
i. A surety bond in an amount equal to at least 100% of the estimated cost of improvements as security for the faithful performance of this Agreement;
ii. A separate surety bond in an amount equal to at least 100% of the contract price for said improvements as security for the payment of all persons performing labor and furnishing materials in connection with this Agreement.

B. SUBDIVIDER agrees that the form of the bonds provided by City are substantially similar to Government Code §§ 66499.1 and 66499.2.

12. MAINTENANCE BONDS.

A. Except as to the Street, the bonds referred to in Section 11 will not be released until a surety bond guaranteeing the warranty requirements of Section 8 in the amount of at least 10% of the sum shown in Section 3 is filed with CITY. The maintenance bond will be released 1 year from the date of final acceptance of the Improvements.

B. As to the Street, the bonds referred to in Section 11 will not be released until a surety bond guaranteeing the warranty requirement of Section 8(B) in the amount of at least 110% of the sum shown in Section 3 as to the Street is filed with CITY. The maintenance bond will be released 10 years from the date of final acceptance of the Street.

13. PERFORMANCE BY CITY OR SURETY.

A. Should SUBDIVIDER fail to construct the improvements in the manner and at such locations as specified within the time requirements of this Agreement, or if SUBDIVIDER is not carrying out the intent of this Agreement, CITY may serve written notice upon SUBDIVIDER and the surety on SUBDIVIDER's faithful performance bond demanding satisfactory compliance with this Agreement.

B. Should CITY serve such written notice, CITY may do any one, or combination of the following:
i. Serve written notice upon the surety on its faithful performance bond demanding satisfactory compliance with this Agreement. In such event the surety must, within five days, assume control and construct the Improvements as SUBDIVIDER's successor;
ii. CITY may construct the improvements itself, or by contract at SUBDIVIDER's expense on a time a materials basis. In such event, CITY may take possession of and utilize in completing improvement construction, materials, appliances, and other property belonging to SUBDIVIDER as may be on the site of the work without liability to CITY. SUBDIVIDER's surety will be liable to CITY for any excess cost of damages incurred by CITY.

C. Nothing in this Section waives, or serves as a limitation upon, any additional remedy CITY may have under this Agreement or applicable law.

14. SURETY BOND TO INCLUDE LETTER OF CREDIT. The term "surety bond" also includes such other acceptable security, such as letters of credit or cash deposit agreements issued by responsible financial institutions, which are approved by the City Attorney. The term "surety" includes the issuer of any letter of credit or cash deposit agreement, which is acceptable to CITY as security for the performance of this Agreement. Sureties must be admitted to do business in California.

15. BEST MANAGEMENT PRACTICES. SUBDIVIDER agrees to use best management practices ("BMPs"), as that term is defined under applicable law including, without limitation, the Monterey Park Municipal Code, in constructing the improvements anticipated by this Agreement. SUBDIVIDER's failure to comply with the terms of this Section constitutes a material breach of this Agreement.

16. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by SUBDIVIDER under this Agreement are CITY's property. SUBDIVIDER may retain copies of said documents and materials as desired, but must deliver all original materials to CITY upon CITY's written notice.

17. INDEPENDENT CONTRACTOR. CITY and SUBDIVIDER agree that SUBDIVIDER will act as an independent contractor and will have control of all work and the manner in which it is performed. SUBDIVIDER will be free to contract for similar service to be performed for other employers while under contract with CITY. SUBDIVIDER is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct SUBDIVIDER as to the details of doing the work or to exercise a measure of control over the work means that SUBDIVIDER will follow the direction of CITY as to end results of the work only.

18. CASH CHARGES. SUBDIVIDER must pay to CITY in cash such subdivision fees that are established by ordinance or by the City Council in conferring approval or extension of time to the Subdivision.

19. INDEMNIFICATION.

A. SUBDIVIDER indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of this Agreement, or its performance. 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 this Agreement, or its performance, SUBDIVIDER must defend CITY (at CITY's request and with counsel satisfactory to CITY) and indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise.

B. For purposes of this section "CITY" includes CITY's officers, officials, employees, agents, representatives, and, certified volunteers.

C. The Parties agree that this section will remain in full force and effect for 10 years following substantial completion by SUBDIVIDER of the improvements.

D. The requirements as to the types and limits of insurance coverage to be maintained by SUBDIVIDER, and any approval of such

insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by SUBIDIVIDER pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.

20. INSURANCE.

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

Type of Insurance Limits (combined single)
Commercial general liability: $ 2,000,000
Professional Liability $ 2,000,000
Workers compensation statutory requirement
B. Commercial general liability insurance must meet or exceed the requirements of ISO-CGL Form No. CG 00 0111 85 or 88. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to name CITY, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by CITY will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88. Such insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon 30 days prior written notice to CITY.

C. Professional liability coverage will be on an "occurrence basis" if such coverage is available, or on a "claims made" basis if not available. When coverage is provided on a "claims made basis," SUBDIVIDER will continue to renew the insurance for a period of 3 years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover SUBDIVIDER for all claims made by CITY arising out of any errors or omissions of SUBDIVIDER, or its officers, employees or agents during the time this Agreement was in effect.

D. SUBDIVIDER must furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A.M.

Best Company Rating equivalent to at least a Rating of "A:Vll." Certificate(s) must reflect that the insurer will provide 30 day notice of any cancellation of coverage. SUBDIVIDER will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions.

21. NOTICES.

A. A. All notices given or required to be given pursuant to this Agreement will be in writing and may be given by personal delivery or by mail.

Notice sent by mail will be addressed as follows:

The City
City of Monterey Park
320 W. Newmark Ave.

Monterey Park, CA 91754
To Subdivider
Paul Cheung
Goldstar Developments Inc.
100 N. Brand Blvd, #418
Glendale, CA 91203
B. When addressed in accordance with this paragraph, notices will be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices will be deemed given at the time of actual delivery.

C. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.

22. COMPLIANCE WITH LAW. SUBDIVIDER will comply with all laws applicable to this Agreement including, without limitation, federal, state, and local laws requiring permitting and licenses. All such compliance will be at SUBDIVIDER's own cost.

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

24. SEVERABLE. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect.

25. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement.

26. WAIVER. Waiver of any provision of this Agreement will not be deemed to constitute a waiver of any other provision, nor will such waiver constitute a continuing waiver.

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

28. AUTHORITY/MODIFICATION. This Agreement is subject to and conditioned upon approval and ratification by the Monterey Park City Council. This Agreement is not binding upon CITY until executed by the City Manager.

The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written agreement. CITY's City Manager may execute any such amendment on behalf of CITY.

29. BINDING UPON SUCCESSORS. The terms of this Agreement constitute a burden and benefit upon the Property. Accordingly, this Agreement will be recorded and the term will run with the Property and become binding upon SUBDIVIDER's heirs, successors and assigns.

30. ENTIRE AGREEMENT. This Agreement constitutes the sole agreement between SUBDIVIDER and CITY respecting the maintenance of the Property's common areas and correctly sets forth the obligations of SUBDIVIDER and CITY. There are no other understandings, terms or other agreements expressed or implied, oral or written.

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

CITY OF MONTEREY PARK, Goldstar Development Inc.
a municipal corporation
Ron Bow, City Manager
City Council Approval:

ATTEST:

Maychelle Yee, City Clerk
APPROVED AS TO FORM:

KARL H. BERGER, CITY ATTORNEY
Justin A. Tamayo, Deputy City Attorney
Paul 06ung,
CEO-Goldstar Development Inc.

EXHIBIT A
Parcel Map No. 71473
All improvements marked are included:
(X) Public street improvements including grading, paving, curbs, gutter, sidewalks, traffic control devices, street name signs, street lights, street landscaping, and appurtenances.
(X) Public sanitary sewers including mains, laterals, and appurtenances. (X) Private sanitary sewers including mains, laterals, and appurtenances. (X) Domestic water supply system, including mains, service laterals, fire hydrants, and appurtenances.
(X) Natural gas supply system including mains, service laterals, and appurtenances. (X) Electric power distribution system including vaults, conduits, cables, conductors, service laterals, transformers, and appurtenances.
(X) Telephone system including vaults, conduits, cables, conductors, service laterals, and appurtenances.
(X) Cable television system, including vaults, conduits, cables, conductors, service laterals, and appurtenances.
(X) Public storm drains including channels, pipes, inlets, culverts, and appurtenances. (X) Private storm drains including swales, channels, pipes, inlets, and appurtenances. (X) Mailboxes.
(X) Lot grading, including land clearing, earth moving compaction, import or export of soil, and appurtenances.
(X) Walls including retaining walls, perimeter walls, and appurtenances. (X) Off-street landscaping including trees, bushes, shrubs, turf, irrigation system, and appurtenances.

Staff Report
June 21, 2023

ATTACHMENT 3
Subdivision Map

City Council Staff Report
DATE: June 21, 2023
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: Bear Electrical Solutions – Amendment No. 1
RECOMMENDATION:

It is recommended that the City Council consider:

1. Authorize the City Manager to execute the First Amendment to Agreement 2183- A, in a form approved by the City Attorney, with Bear Electrical Solutions, Inc., to retroactively increase the contract amount not to exceed $668,000 and to extend the term through June 30, 2024; and

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

EXECUTIVE SUMMARY:

The City’s traffic signal maintenance contract expires on June 30, 2023. Staff recommends exercising the City’s option to extend for an additional one-year term (July 1, 2023- June 30, 3024) with a revised contract amount of $668,000. The increased contract amount would cover maintenance services for FY23-24 and increased expenditures for the current fiscal year. As part of its traffic signal maintenance plan, the City anticipates a certain volume of call-outs. However, the City experienced an increased need for extraordinary, non-routine, maintenance during the 2022-23 fiscal year due to a high number of call-outs related to traffic accidents, damage to equipment, weather, and equipment malfunctions.

BACKGROUND:

The City of Monterey Park owns and operates 60 traffic signals and five pedestrian flashing beacons. The City’s traffic signal maintenance contract involves “routine” preventative maintenance and “extraordinary” maintenance. Routine maintenance is monthly inspection of the traffic signal equipment at all 60 locations and five pedestrian flashing beacons, and includes reviewing the signal timing and operation, and performing repairs as necessary. Extraordinary maintenance involves service call-outs of equipment failure or malfunction of the signal system whether caused by vehicle collision, vandalism, civil disorder, or natural disasters.

In September 2020, the City entered into Agreement 2183-A with Bear Electrical Solutions for a three-year term and a not to exceed amount of $324,000 for traffic signal maintenance. The Agreement is set to expire on June 30, 2023. Bear Electrical is highly qualified to perform traffic signal maintenance work and provided great service during the term of the contract. They have also provided valuable support to the City for ongoing traffic signal improvement projects.

Consent Calendar - 3J

Staff Report

June 21, 2023
Staff recommends
amending the agreement to extend the term for one additional year and to update the rate schedule (Attachment 1) as allowed by the contract. Due to an increased need for extraordinary maintenance, it is also recommended that the City increase the contract amount to $668,000. The revised amount would cover increased expenditures for FY 22-23 and the estimated costs for FY 23-24. The estimated cost for traffic signal maintenance for FY 23-24 is $205,000. This includes routine preventative maintenance and extraordinary maintenance and response due to service call-outs.

FISCAL IMPACT:

During FY 22-23, the City experienced an increased need for extraordinary, non-routine, maintenance during the year due to a high number of call-outs related to traffic accidents, damage to equipment, weather, and equipment malfunctions . The City will be using budgeted unexpended General Funds to cover the increased expenditures for these call- outs. Traffic signal maintenance is generally funded by the General Fund and Gas Tax Fund. The City will attempt to recover costs for call-outs related to damage as a result of a traffic collision.

Respectfully submitted by: Reviewed by:

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

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

1. Exhibit B – Rate Schedule

Staff Report
June 21, 2023
ATTACHMENT 1
Exhibit B – Rate Schedule

1252 STATE STREET
PO BOX 924
ALVISO, CA 95002
(408) 449-5178 MAIN
1(800)GOBEAR1 24-HOUR DISPATCH
(408) 449-5147 FAX
WWW.BEAR-ELECTRICAL.COM
May 30, 2023
City of Monterey Park, Public Works Department
320 W. Newmark Avenue
Monterey Park, CA 91754
ATTN: Mr. Ziad Mazboudi, Interim City Engineer Manager RE: Request to Amend & Extend – Traffic Signal Maintenance Agreement (Agreement No. 2183-A) Dear Mr. Mazboudi:

Reference is made to our current maintenance agreement with the City of Monterey Park, dated September 1, 2020, and CPI letter adjustment dated May 12, 2022.

Bear Electrical Solutions, Inc . is grateful to work with the City and its community and wishes to continue that relationship.

By way of this letter, we kindly request to amend and extend the current maintenance agreement with the same rates approved last year for another contract year term. Attached is our current rate sheet for the City.

Please feel fr ee to contact me directly via mobile phone at 408 -717-2448 or via email at Robert@Bear- Electrical.com
Sincerely,
Bear Electrical Solutions, Inc.

Robert Asuncion, TE
Vice President
Attachment

Description Unit Rate
I. 61.85$

27.13$
II. Schedule of Labor Rates Straight Time (off hours & Saturday)
(Sunday &
Holiday)
Operations Supertintendent 92.23$ 92.23$ 92.23$
Lead Signal Technician 119.35$ 162.75$ 206.15$
Signal Technician 108.50$ 151.90$ 195.30$
Lead Signalman (Utility Tech) 92.23$ 141.05$ 184.45$ Signalman (Utility Tech) 86.80$ 130.20$ 173.60$
Lab/Test Technician 92.23$ 92.23$ 92.23$
Engineer/System Technician 97.65$ 97.65$ 97.65$
Laborer 70.53$ 92.23$ 113.93$
III. Schedule of Equipment Rates*
Service Truck 27.13$
Service Ladder Truck
N/A - not OSHA
compliant
Hydraulic Man Lift Turck (under 32') 43.40$
Hydraulic Man Lift Turck (over 32') 43.40$
Boom Truck 43.40$
Compressor w/ Tools 43.40$
*Any Equipment not listed above will be charged at the local prevailing rental rates.

IV. Markup on Material 15.0%
V. Markup on Labor 0.00%
VI. Special Pricing
6x6 Inductive Loop Installed (1 to 4) 705.25$
6x6 Inductive Loop Installed (5 or more) 596.75$
LED Pedestrian module installed. (includes labor/equipment) 238.70$ Completed Cabinet Testing (new in your lab) 1,464.75$
Replace battery in battery back-up system (15/year) 265.83$ Underground Service Alert (Dig Alert Service) (per USA) 211.58$

END OF SECTION
Exhibit B - FY(2023-2024)
City of Monterey Park
Traffic Signal Maintenance - Proposed Rate Schedule
Routine Preventative Maintenance per intersection per month Routine Preventative Maintenance per flasher/ midblock signal PED per month Overtime
ROUTINE PM COST:
60 Intersections x $61.85 = $3,711
5 PED flashers x $27.13 = $135.65
M o n t h l y C o s t : $ 3 , 8 4 7
A n n u a l C o s t : $ 4 6 , 1 6 4
EXTRAORDINARY/RESPONSE COST*:

M onthly Estimate: $11,000
A n n u a l E s t i m a t e : $ 1 3 2 , 0 0 0
*Based on 3 year average
T O T A L E S T M A T E D : $ 1 7 8 , 1 6 4
W / 1 5 % C O N T I G E N C Y $ 2 0 5 , 0 0 0

City Council Staff Report
DATE: June 21, 2023
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: Southern California Edison 5-year Revocable Secondary Land Use License
RECOMMENDATION:

It is recommended that the City Council consider:

1. Authorizing the City Manager to execute a 5-year Revocable Secondary Land Use License with Southern California Edison (SCE) for the City’s 14” water main from the Delta Water Treatment Plant in the amount of $1,934.08; and

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

EXECUTIVE SUMMARY:

The City of Monterey Park owns and operates a 14” water main line that provides water to the City of Monterey Park residents and businesses which falls within Southern California Edison (SCE) property. A new 5-year Revocable Secondary Land Use License (License) is needed to allow the City to continue to operate the 14” water main line within the SCE property. Staff is recommending approval of the License.

BACKGROUND:

The City of Monterey Park owns and operates the Delta Water Treatment Plant located in the Cit y of Rosemead. Water is conveyed through a 14” water main line from this location to the City of Monterey Park and provides water to residents and businesses through an SCE property.

In 2018, the City re-lined the 14” water main line which required the City to enter into License Agreement 2091-AB with SCE. The existing License was for a term of five years and allows for extensions. With the original 5-year license coming to an end, it is recommended that the City renew the license to continue the use of the 14” water main line.

Staff has reviewed the License and recommends approval.

FISCAL IMPACT:

The total cost for the 5-year Revocable Secondary Land Use License is $1,934.08.

Funding for this License is available in the Water funds (401).

Consent Calendar - 3K

Staff Report

June 21, 2023
Respectfully submitted by: Reviewed by:

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

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

1. Revocable Secondary Land Use License

Staff Report
June 21, 2023
ATTACHMENT 1
Revocable Secondary Land Use License

SCE Doc. 25855, 26291, and 50666 Att. Contract No. 9.7127

Initial (_______)/(_____/______)
Licensor/Licensee
-1-

Rev9 2023-03-08 JR-KB

CITY OF MONTEREY PARK

L I C E N S E A G R E E M E N T

INDEX OF ARTICLES

1. USE

2. TERM

3. CONSIDERATION

4. INSURANCE

5. LICENSOR’S USE OF THE PROPERTY

6. LICENSEE’S IMPROVEMENTS

7. LICENSEE'S PERSONAL PROPERTY

8. HEIGHT LIMITATIONS AND VERTICAL CLEARANCES

9. ACCESS AND CLEARANCES

10. PARKING

11. WEEDS, BRUSH, RUBBISH AND DEBRIS (WEED ABATEMENT)

12. FLAMMABLES, WASTE AND NUISANCES

13. PESTICIDES AND HERBICIDES

14. HAZARDOUS MATERIALS AND WASTE

15. SIGNS

16. FENCING AND EXISTING FIXTURES

17. PARKWAYS AND LANDSCAPING

18. IRRIGATION EQUIPMENT

19. UNDERGROUND TANKS

20. UNDERGROUND FACILITIES

21. UTILITIES

22. TAXES, ASSESSMENTS AND LIENS

23. EXPENSE

24. ASSIGNMENTS

25. COMPLIANCE WITH LAWS AND REGULATIONS

26. GOVERNING LAW

27. INDEMNIFICATION; ASSUMPTION OF RISK; RELEASE

28. TERMINATION

29. EVENTS OF DEFAULT

30. REMEDIES

31. LICENSEE’S PERSONAL PROPERTY UPON TERMINATION OR EXPIRATION

32. LIMITATION OF LIABILITY

33. NON-POSSESSORY INTEREST

34. WAIVER

35. AUTHORITY

36. ELECTRIC AND MAGNETIC FIELDS

SCE Doc. 25855, 26291, and 50666 Att. Contract No. 9.7127

Initial (_______)/(_____/______)
Licensor/Licensee
-2-

Rev9 2023-03-08 JR-KB

37. INDUCED VOLTAGES

38. NOTICES

39. RECORDING

40. COMPLETE AGREEMENT

41. SIGNATURE AUTHORITY

42. SURVIVAL
APPENDIX: GUIDELINES FOR STANDARD LICENSEE IMPROVEMENTS

ADDENDUM(S)

POLELINE, PIPELINE OR UNDERGROUND CABLE

SCE Doc. 25855, 26291, and 50666 Att. Contract No. 9.7127 Initial (_______)/(_____/______)
Licensor/Licensee
-3-
Rev9 2023-03-08 JR-KB

LICENSE AGREEMENT
THIS AGREEMENT between SOUTHERN CALIFORNIA EDISON COMPANY, a corporation organized under the laws of the State of California, called "Licensor", and CITY OF MONTEREY PARK, called "Licensee";
WITNESSETH: That Licensor, for and in consideration of the faithful performance by Licensee of the terms, covenants and agreements hereinafter set forth to be kept and performed by Licensee, does hereby give to Licensee the license to use that certain real property solely for the purpose hereinafter specified, upon and subject to the terms, reservations, covenants and conditions hereinafter set forth, hereinafter designated as "Property” on the Exhibit "A" attached hereto and made a part hereof, being a portion of Assessor’s Parcel Numbers 5283-015-800, 5283 -015-801, 5283 -015-803, 5283 -015-805, 5283-015-806, 5284-006-800, 5284-006-802, 5284-006-803, 5284-006-805, 5284-012-801, and 5284- 020-801, situated in the City of Rosemead , County of Los Angeles , State of California, subject to any and all covenants, restrictions, reservations, exceptions, rights and easements, whether or not of record.

Acknowledgment of License and Disclaimer of Tenancy
Licensee acknowledges and agrees that the License constitutes a limited, revocable, non-possessory, personal and non-assignable privilege to use the Property solely for those permitted uses and activities expressly identified in the Agreement (the “License Privilege”). Licensee further acknowledges and agrees that:
● The consideration paid by Licensee pursuant to Article 3 of the Agreement is consistent with the value of the rights comprising the License Privilege; the consideration is not consistent with the higher market value for a greater right, privilege or interest (such as a lease) in the Property or similarly situated parcels. ● Licensee is not a tenant or lessee of Licensor and holds no rights of tenancy or leasehold in relation to the Property.
● The Agreement and/or any prior and/or future acts or omissions of Licensor shall not create (or be construed as creating) a leasehold, tenancy or any other interest in the Property.
● Licensor may terminate the License and revoke the License Privilege at any time, subject, if applicable, to a notice period agreed upon by the parties, as more particularly set forth in the Agreement.
● In consideration of Licensor’s grant of the License, Licensee specifically and expressly waives, releases and relinquishes any and all right(s) to assert any claim of right, privilege or interest in the Property other than the License. ● Licensee further acknowledges and agrees that without the representations and agreements set forth herein, Licensor would not enter into the Agreement.

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1. Use: Licensee will use the Property for water pipeline purposes only. Licensor makes no representation, covenant, warranty or promise that the Property , and any fixtures thereon, are fit or suitable for any particular use, including the use for which this Agreement is made and Licensee is not relying on any such representation, covenant, warranty or promise. Licensee’s use of the property for any other purpose and/or failure to utilize the Property in accordance with this License as determined by the Licensor in its sole discretion will be deemed a material default and grounds for immediate termination of this Agreement in accordance with Articles 28 and/or 30.

2. Term: Unless otherwise terminated as provided herein, this Agreement will be in effect for a term of five (5) years commencing on the first day of June, 2023 and ending on the last day of May, 2028. Licensee acknowledges that this Agreement does not entitle Licensee to any subsequent agreement, for any reason whatsoever, regardless of the use Licensee makes of the Property, the improvements Licensee places on or makes to the Property, or for any other reason.

3. Consideration: Licensee will pay to Licensor the sum of One Thousand Nine Hundred Thirty Four and 41/100 Dollars ($1,934.41) upon the execution and delivery of this Agreement for the full term of this Agreement. Payment to Licensor must be in the form of a check or money order payable to Southern California Edison Company. No cash payments will be accepted by Licensor.

All accounts not paid within 30 days of the agreed upon due date will be charged a late fee equal to ten percent (10%) of the full amount that was due on said date. To the extent a payment is not made within sixty (60) days, Licensor may increase the late fee to twenty percent (20%) of the full amount due.

Licensor shall further be entitled to any other costs associated with collection of the unpaid amounts.

All payments subsequent to the initial payment will be paid to the Southern California Edison Company, Post Office Box 800 Rosemead, California, 91770, and Attention: Corporate Accounting Department – Accounts Receivable.

4. Insurance: During the term of this Agreement, Licensee shall maintain the following insurance:
(a) Workers’ Compensation with statutory limits, under the laws of the State of California and Employer’s Liability with limits of not less than $1,000,000.00 each accident, disease/each employee, and d isease/policy limit. Licensee shall require its insurer to waive all rights of subrogation against Licensor, its officers, agents and employees, except for any liability resulting from the willful or grossly negligent acts of the Licensor. (b) Commercial General Liability Insurance , including co ntractual liability and products liability, with limits not less than $1,000,000.00 per occurrence and $1,000,000.00 in the aggregate. Such insurance shall: (i) name Licensor, its officers, agents and employees as additional insureds, but only for Licensee’s negligent acts or omissions; (ii) be primary for all purposes and (iii) contain separation of insureds or cross-liability clause, and (iv) require its insurer to waive all rights of subrogation against Licensor, its officers, agents and employees, except for any liability resulting from the willful or grossly negligent acts of the Licensor.
(c) Commercial Automobile Liability insurance with a combined single limit of $1,000,000.00. Such insurance shall cover the use of owned, non-owned and hired vehicles on the Property.

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(d) Self - Insurance: Licensee may self-insure all of the insurance requirements above if they belong to an approved Secondary Use Category and the self -insurance is maintained under a self -insurance program reaso nably satisfactory to Licensor. Water pipeline use is an approved Secondary Use Category; Licensee may submit written verification of self- insurance to meet the above insurance requirements.

The failure to maintain such insurance may be deemed by Licensor a material default of this Agreement and groun ds for immediate termination pursuant to Articles 28 and/or 30. Licensee shall provide Licensor with proof of such insurance by submission of certificates of insurance, pursuant to Article 38 “Notices”, at least ten days prior to the effective date of thi s Agreement, and thereafter at least ten days prior to each insurance renewal date. Licensee must provide Licensor at least thirty (30) days notice before any such insurance will be canceled, allowed to expire, or materially reduced. However, in the event insurance is canceled for the non -payment of a premium, Licensee must provide to Licensor at least ten (10) days’ prior written notice before the effective date of cancellation. The required insurance policies shall be maintained with insurers reasonably satisfactory to Licensor and shall be primary and non-contributory with any insurance or self-insurance maintained by Licensor.

5. Licensor's Use of the Property: Licensee agrees that Licensor, its successors and assigns, have the right to enter the Property, at all times, for any purpose, and the right to conduct any activity on the Property. Exercise of these rights by Licensor, its successors and assigns, will not result in compensation to Licensee for any damages whatsoever to personal prop erty, structures, and/or crops located on the Property , nor shall Licensee be entitled to any compensation for any loss of use of the Property or a portion thereof, and/or any related damages, as a result of Licensor’s activities under this Article.

6. Licensee's Improvements: Licensee must submit, for Licensor's prior written approval, complete improvement plans, including , but not limited to, grading, lighting, landscaping , grounding, and irrigation plans, - identifying all existing and proposed improvements, a minimum of sixty (60) days prior to making any use of the Property. Licensee’s conceptual plans for proposed improvements shall be developed in accordance with the guidelines contained in the Appendix to this License. It is understood and agreed that the general guidelines contained in the Appendix are intended to provide a framework for the development of conceptual plans only; and that Licensor may modify or add to the conditions contained in the Appendix hereto, based on individual site characteristics, Licensor’s existing or potential operating needs or Licensee’s proposed use(s). Licensee must submit, for Licensor's prior written approval plans for any modifications to such improvements. Written approval may be modified and/or rescinded by Licensor for any reason whatsoever.

To the extent Licensor reviews and/or approves any improvement plans, Licensor is doing so only for purposes of determining whether said improvements are compatible with Licensor’s use of the Property.

Under no circumstances shall such review and/or approval be construed as a warranty, representation, or promise that the Property is fit for the proposed improvements, or that said improvements comply with any applicable city, state, or county building requirements, o ther legal requirements, or the generally accepted standard of care.

At any time, Licensor may require Licensee to modify and/or remove any or all such previously approved improvements at Licensee’s risk and expense and without compensation from Licensor . Licensor is not required, at any time, to make any repairs, improvements, alterations, changes or additions of any nature whatsoever to the Property and/or any fixtures thereon. Licensee expressly acknowledges that

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any expenditures or improvements will in no way alter Licensor’s right to terminate in accordance with Articles 28, and/or 30.

7. Licensee's Personal Property: (i) Licensor grants Licensee permission to place Licensee’s personal property on the Property consistent with the use identified in Article 1 and other terms of this Agreement. Such permission granted by Licensor shall be revoked upon the earlier of the termination or expiration of this Agreement. All equipment and other property brought, placed or erected on the Property by Licensee shall be and remain the property of Licensee, except as otherwise set forth herein.

Licensee shall be responsible for any damage to the Property and/or Licensor’s personal property arising out of Licen see’s activities on the Property, includi ng its use and/or removal of Licen see’s personal property. Licensee further ackn owledges and agrees that Licensor is not responsible for Licensee’s personal property during the effectiveness of this Agreement, or upon termination or expiration. Licensor further assumes no duty or obligation to maintain or secure Licensee’s personal property at any time.

(ii) Unless as specifically provided for in an Addendum to this Agreement, Licensee shall not store on the Property, for a period longer than twenty-four (24) consecutive hours, any personal property owned by a non-party to this Agreement.

Licensee will defend and indemnify Licensor, its directors, officers, agents, subcontractors, and employees, and its successors and assigns, from any and all claims, loss , damage, actions, causes of action, expenses and/or liability arising from the storage of, damage to, and/or loss of use of such non- party’s personal property.

8. Height Limitations and Vertical Clearances : Any equipment used by Licensee or its agents, employees or contractors, on and/or adjacent to the Property, will be used and operated so as to maintain minimum clearance s from all overhead electrical conductors as designated in the table below:

Vehicle/ Equipment Vertical Clearance
500 kV 35 feet
220 kV – 66kV 30 feet
<66kV (Distribution facilities) 25 feet
Telecom 18 feet

All trees and plants on the Property will be maintained by Licensee at a maximum height of fifteen (15) feet. If requested by Licensor, Licensee will remove or relocate at Licensee’s expense, any tree and/or other planting.

9. Access and Horizontal Clearances: Licensee will provide Licensor with adequate access to all of Licensor's facilities on the Property and at no time will there be any interference w ith the free movement of Licensor's equipment , personnel, and materials over the Property. Licensor may require Licensee to provide and maintain access roads within the Property, at a minimum usable width of sixteen (16) feet, with commercial driveway apr ons and curb depressions capable of supporting a gross load of forty (40) tons on a three-axle vehicle. The minimum width of all roads shall be increased on curves by a distance equal to 400/inside radius of curvature. All curves shall have a radius of not less than 50 feet measured at the inside edge of the usable road surface. Unless otherwise specified in writing by Licensor, Licensee will make no use of the area directly underneath Licensor's towers and will maintain the following minimum clearances:

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a. A 50-foot-radius around suspension tower legs , H-Frames and poles and 100-foot radius around dead-end tower legs, H-Frames and poles.
b. A 25-foot-radius around all other poles.

NOTE: Additional clearance may be required by Licensor for structures.

10. Parking: Licensee will not park, store, repair or refuel any motor vehicles or allow parking, storage, repairing or refueling of any motor vehicles on the Property unless specifically approved in a writing executed by Licensor.

11. Weeds, Brush, Rubbish and Debris (Weed Abatement): Licensee will keep the Property clean, free from weeds, brush, rubbish and debris and in a condition satisfactory to Licensor.

12. Flammables, Waste and Nuisances : Unless permitted by Licensor in writing, Licensee will not, or allow others, to place , use, or store any flammable or combustible materials or waste materials on the Property or commit any waste or damage to the Property or allow any to be done.

Licensee will be responsible for the control of and will be liable fo r any damage or disturbance, caused by any trespasser, dust, odor, flammable or waste materials, noise or other nuisance disturbances.

Licensee will not permit dogs on the Property.

13. Pesticides and Herbicides: Any pesticide or herbicide applications and disposals will be made in accordance with all Federal, State, County and local laws. Licensee will dispose of all pesticides, herbicides and any other toxic substances declared to be either a health or environmental hazard , and all materials contaminated by such substances, including but not limited to, containers, clothing and equipment, in the manner prescribed by law.

14. Hazardous Material and Waste: Licensee will not engage in, or permit any other party to engage in, any activity on the Property that violates federal, state or local laws, rules or regulations pertaining to the use, management, storage, or disposal of waste, including, but not limited to hazardous, toxic or infectious materials. Unless permitted by Licensor in writing, Licensee will not, or allow others to, place, use, or store any hazardous, toxic or infectious materials and/or waste on the Property. Licensee will indemnify and hold Licensor, its directors, officers, agents and employees, and its successors and assigns, harmless from all claims, loss, damage, actions, causes of action, expenses and/or liability arising from leaks of, spills of, and/or contamination by or from hazardous materials as defined by applicable laws or regulations, which may occur during and after the Agreement term, and are attributable to the actions of, or failure to act by, Licensee or any person claiming under Licensee.

15. Signs: Licensee must obtain written approval from Licensor prior to the construction or placement of any sign, signboard or other form of outdoor advertising. Licensee shall within three (3) days from the date on which the Licensee learns of the graffiti remove any signs containing graffiti or shall otherwise remove such graffiti from the signs in a manner reasonably acceptable to Licensor.

Notwithstanding any other language in this Article, Licensee shall not advertise on any sign any product, service, or good which is (i) not directly related to Licensee’s use of th e Property, (ii) offensive to the public, or (iii) which Licensor, in its reasonable discretion, deems objectionable.

16. Fencing and Existing Fixtures : Licensor disclaims any and all express or implied warranties for any fencing and/or other fixtures affixed to the Property, and further disclaims any liability arising from any disrepair of the same. Licensee may install fencing on the Property with prior

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written approval from Licensor . Such fencing will include double drive gates, in locations specified by Licensor, a minimum of twenty (20) feet in width and designed to accommodate separate Licensor and Licensee locks. Licensee will maintain and repair all fencing and other fixtures affixed to the Property, including any grounding of the same as deemed necessary by Licensor, in a manner acceptable to Licensor. Grounding plans must be prepared and stamped by a licensed electrical engineer and submitted to Licensor.

17. Parkways and Landscaping: Licensee will keep parkway and sidewalk areas adjacent to the Property free of weeds, brush, rubbish and debris. Licensee will maintain parkways on the Property and provide landscaping that is compatible with adjoining properties and that is satisfactory to Licensor.

18. Irrigation Equipment : Any irrigation equipment located on the Property prior to the commencement of this Agreement, including but not limited to pipelines, well pumping equipment and other structures, is the property of Licensor and will remain on and be surrendered with the Property upon termination of this Agreement. Should Licensee desire to use the irrigation equipment, Licensee will maintain, operate, repair and replace, if necessary, all irrigation equipment at its own expense.

19. Underground and Above-Ground Tanks: Licensee will not install underground or above- ground storage tanks, as defined by any and all applicable laws or regulations, without Licensor's prior written approval in accordance with Article 6.

20. Underground Facilities : Any underground faciliti es must be approved by Licensor pursuant to Article 6. Licensee must contact Dig Alert and comply with the applicable processes, policies and/or procedures of Dig Alert, prior to any underground installation. Any underground facilities installed or maintained by Licensee on the Property must have a minimum cover of three feet from the top of the facility and be capable of withstanding a gross load of forty (40) tons on a three -axle vehicle.

Licensee will compact any earth excavated to a compaction of ninet y percent (90%). Licensee will relocate its facilities at its own expense so as not to interfere with Licensor's proposed facilities.

21. Utilities: Licensee will pay all charges and assessments for, or in connection with, water, electric current or other utilities which may be furnished to or used on the Property.

22. Taxes, Assessments and Liens: Licensee will pay all taxes and assessments which may be levied upon any crops, personal property, and improvements, including but not limited to, buildings, structures, and fixtures on the Property. Licensee will keep the Property free from all liens, including but not limited to, mechanics liens and encumbrances by use or occupancy by Licensee, or any person claiming under Licensee. If Licensee fails to pay the above-mentioned taxes, assessments or liens when due, Licensor may pay the same and charge the amount to the Licensee. All accounts not paid within thirty (30) days of the agreed upon due date will be charged a "late fee" on all amounts outstandi ng up to the maximum rate allowed by law.

23. Expense: Licensee will perform and pay all obligations of Licensee under this Agreement.

All matters or things required by Licensee will be performed and paid for at the sole cost and expense of Licensee, without obligation by Licensor to make payment or incur cost or expense for any such matters or things.

24. Assignments: This Agreement is personal to Licensee, and Licens ee will not assign, transfer or sell this Agreement or any privilege hereunder in whole or in part, and any attempt to do so will be void and confer no right on any third party.

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25. Compliance with Laws and Regulations: Licensee will comply with all applicable federal, state, county and local laws, all covenants, conditions and restrictions of record and all applicable ordinances, zoning restrictions, rules, regulations, orders and any requirements of any duly constituted public authorities now or hereafter in any manner affecting the Property or the streets and ways adjacent thereto. Licensee will obtain all permits and other governmental approvals required in connection with Licensee's activities hereunder. Licensee shall also comply with the requireme nts of every addendum attached hereto. Licensee shall hold harmless, defend and indemnify Licensor, its officers, agents and employees, and its successors and assigns, from and against all claims, loss, damage, actions, causes of actions, expense and/or liability arising from or resulting from any violation of this provision.

26. Governing Law : The existence, validity, construction, operation and effect of this Agreement and all of its terms and provisions will be determined in accordance with the laws of the State of California.

27. Indemnification; Assumption of Risk; Release: Licensee shall hold harmless, defend and indemnify Licensor, its officers, agents and employees, and its successors and assigns, from and against all claims, loss, damage, actions, causes of actions, expense and/or liability arising from or growing out of loss or damage to property, including that of Licensor, or injury to or death of persons, including employees of Licensor resulting in any manner whatsoever, directly or indire ctly, by reason of this Agreement or the use or occupancy of the Property by Licensee or any person claiming under Licensee.

Licensee agrees to assume all risk of loss by fire, flood, earthquake, theft, accident, or casualty of any kind, which may affect t he Property, any improvements constructed or installed thereon by Licensee, Licensee’s use of the Property, or exercise of the rights granted herein. Licensee releases and waives all claims against Licensor and each of the indemnified parties for loss or damage caused by, arising out of, or in any way connected with Licensor’s or Licensee’s use of the Property or the exercise of the rights granted herein.

28. Termination: Licensor or Licensee may terminate this Agreement, at any time, for any reason, upon thir ty (30) days notice in writing . Additionally, Licensor may immediately terminate this Agreement pursuant to Article 30. Termination does not release Licensee from any liability or obligation (indemnity or otherwise) which Licensee may have incurred. Upon termination, Licensor may immediately recover from Licensee all amounts due and owing hereunder, plus interest at the maximum rate permitted by law on such amounts until paid, as well as any other amount necessary to compensate Licensor for all the detriment proximately caused by Licensee’s failure to perform its obligations under this Agreement. Licensee's continued presence after termination shall be deemed a trespass. In the event of a termination for any reason other than non -payment of the License fee, Licensor shall refund any previously collected/pre -paid License fees covering the unused portion of the remaining term , to the extent such fees exceed any offset claimed by Licensor under the Agreement

29. Events of Default : In addition to material defaults otherwise described herein, the occurrence of any of the following shall constitute a material default and breach of this Agreement by Licensee:

(a) Any failure by Licensee to pay the consideration due under Article 3, or to make any other payment required to be made by Licensee when due.

(b) The abandonment or vacating of the Property by Licensee.

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(c) Any attempted assignment or subletting of this Agreement by Licensee in violation of Article 24.

(d) The violation by Licensee of any resolution, ordinance, statute, code, regulation or other rule of any governmental agency applicable to Licensee’s activities under this Agreement.

(e) Any attempt to exclude Licensor from the licensed premises.

(f) The making by Licensee of any general assignment for the benefit of creditors; the appointment of a receiver to take possession of substantially all of Licen see's assets located on the Property or of Licensee's privileges hereunder where possession is not restored to Licensee within five (5) days; the attachment, execution or other judicial seizure of substantially all of Licensee's assets located on the Prope rty or of Licensee's privileges hereunder, where such seizure is not discharged within five (5) days.

(g) Any case, proceeding or other action brought against Licensee seeking any of the relief mentioned in "clause f" of this Article which has not been stayed or dismissed within thirty (30) days after the commencement thereof.

(h) Any claim by Licensee that it has a possessory interest and/or irrevocable license in the Property.

(i) With respect to items not otherwise listed in Article 29.a -h, the failure by Licensee to observe and perform any other provision of this Agreement to be observed or performed by Licensee. Licensor shall provide written notice of such failure and Licensee shall be considered in material default where such failure continues for a total of ten (10) or more consecutive days from the date of the notice. Further, with respect to items not otherwise listed in Article 29.a-h, Licensee shall be considered in material default should Licensee fail to observe or perform any other provision of this Agreement for more than fifteen (15) days during the entire Term of the Agreement in the aggregate, after Licensor provides an initial written notice of such failure. After providing initial notice under this provision, Licensor will not be require d to provide any subsequent notice of breach of this Agreement.

30. Remedies: Notwithstanding the notice requirement in Article 28, in the event of any material default by Licensee, then in addition to any other remedies available to Licensor at law or in equity, Licensor shall have the option to immediately terminate this Agreement and all rights of Licensee hereunder by giving written notice of such immediate termination to Licensee.

31. Licensee’s Personal Property Upon Termination or Expiration : In the event that this Agreement is terminated, whether termination is effected pursuant to Article 28 and/or 30, or in the event this Agreement expires pursuant to Article 2, Licensee shall, at Licensee’s sole cost and expense and prior to the earlier of the effective termination date or expiration date, remove all weeds, debris, and waste from the Property and peaceably quit, surrender and restore the licensed Property to the condition it was in prior to the Licensee’s use of the Property, in a manner satisfactory to Licensor.

If Licensee fails o r refuses to remove any of Licen see’s personal property, building(s), fixture(s) or structure(s) from the Property prior to the earlier of the termination date or expiration date, said personal property, building(s), fixture(s) or structure(s) shall be deemed abandoned by the Licensee, and the

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Licensor shall have the right, but not the obligation, to remove, destroy, sell or otherwise dispose of them with no further notice to Licensee. Licensor shall not be required to seek and/or obtain judicial relief (including, but not limited to, the filing of an unlawful detainer action), nor shall Licensor be responsible for the value of Licensee’s personal property.

Licensor shall have the right to charge and recover from Licensee all costs and expenses incurred by Licensor related to (i) the removal, disposal or sale of Licensee’s personal property, building(s), fixture(s) or structure(s), (ii), the removal of any waste, weeds, or debris on the Property, (iii) environmental studies and environmental remediation and/or cleanup attributable to Licensee’s use of the Property, and (iv) the restoration of the Property to the condition it was in pri or to Licensor’s initial use of the Property.

Licensee agrees to pay such expenses to Licensor upon demand.

32. Limitation of Liability:

IN ORDER FOR LICENSEE TO OBTAIN THE BENEFIT OF THE FEE IDENTIFIED IN ARTICLE 3,

WHICH INCLUDES A LESSER ALLOWANCE FOR RISK FUNDING FOR LICENSOR, LICENSEE AGREES TO LIMIT LICENSOR’S LIABILITY PURSUANT TO THIS AGREEMENT. AS SUCH, IF LICENSEE IS ENTITLED TO ANY RELIEF FOR LICENSOR’S NEGLIGENCE, INCLUDING GROSS NEGLIGENCE, FOR DAMAGE OR DESTRUCTION OF LICENSEE’S PERSONAL PROPERTY,

BUILDING(S), STRUCTURE(S) OR FIXTURE(S) , THE TOTAL LIABILITY OF LICENSOR SHALL NOT

EXCEED THE TOTAL FEES ACTUALLY PAID BY LICENSEE TO LICENSOR DURING THE TERM OF THIS AGREEMENT.

FURTHER, IN NO EVENT SHALL LICENSOR BE LIABLE UNDER ANY CIRCUMSTANCES FOR INJURY OR DAMAGE TO LICENSEE’S BUSINESS, IF ANY, INCLUDING, BUT NOT LIMITED TO,

LOSS OF PROFIT S, LOSS OF RENTS OR OTHER EVENTS, LOSS OF BUSINESS OPPORTUNITY,

LOSS OF GOODWILL OR LOSS OF USE, IN EACH CASE, HOWEVER OCCURRING, RELATED TO THIS AGREEMENT. THE PROVISIONS OF THIS SECTION 32 SHALL EXPRSSLY SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT.

33. Non-Possessory Interest: Licensor retains full possession of the Property and Licensee will not acquire any possessory interest, whether temporary, permanent, or otherwise by reason of this Agreement, or by the exercise of the permission giv en herein. Licensee will make no claim to any such interest and Licensee will not claim that it has or ever had an irrevocable license in the Property.

34. Waiver: Licensor shall not be deemed to waive any provision of this Agreement orally or by conduct. Any waiver by Licensor of any provision of this Agreement must be in a writing signed by Licensor. No waiver by Licensor of any provision shall be deemed a waiver of any other provision or of any subsequent breach by Licensee of the same or any other provision. Licensor's consent to or approval of any act shall not be deemed to render unnecessary the obtaining of Licensor's consent to or approval of any subsequent act by Licensee. Licensor’s acceptance of payment after providing notice of termination to Licensee shall not constitute a waiver of Licensor’s termination of the Agreement.

35. Authority: This Agreement is executed subject to General Order No. 69-C of the Public Utilities Commission of the State of California dated and effective July 10, 1985, incorporated by this reference. As set forth in General Order 69 -C, this Licens e is made conditional upon the right of the Licensor either on order of the Pub lic Utilities Commission or on Grantor’s own motion to resume the use of that property (including, but not limited to the removal of any obstructions) whenever, in the interest of Licensor’s service to its patrons or consumers, it shall appear necessary or desirable to do so.

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Licensee agrees to comply with all federal, state and local laws and regulations. This Agreement should not be construed as a subordination of Licensor’s rights, title and interest in and to its fee ownership, nor should this Agreement be construed as a waiver of any of the provisions contained in said License or a waiver of any costs of relocation of affected Licensor facilities.

36. Electric and Magnetic Fields (“EMF”) : There are numerous sources of power frequency electric and magnetic field (“EMF”), including household or building wiring, electrical appliances and electric power transmission and distribution facilities. There have been numerous scientific studies about the potential health effects of EMF. Interest in a potential link between long -term exposures to EMF and certain diseases is based on this scientific research and public concerns.

While some 40 years of research have not established EMF as a health hazard, some health authorities have identified magnetic field exposures as a possible human carcinogen. Many of the questions about diseases have been successfully resolved due to an aggressive international research program. However, potentially important public health questions remain about whether there is a link between EMF exposures in homes or work and some diseases including childhood leukemia and a variety of other adult diseases (e.g. adult cancers and miscarriages). While scientific research is continuing on a wide range of questions relating to exposures at both work and in our communities, a quick resolution of the remaining scientific uncertainties is not expected.

Since Licensee plans to license or otherwise enter Licensor property that is in close proximity to Licensor electric facilities, Licensor wants to share with Licensee and those who may enter the property under this agreement, the information available about EMF. Accordingly, Licensor has attached to this document a brochure that explains some basic facts about EMF and that describes Licensor policy on EMF. Licensor also encourages Licensee to obtain other information as needed to assist in understanding the EMF regarding the planned use of this property.

37. Induced Voltages: Licensee hereby acknowledges that any structures (including, but not limited to, buildings, fences, light poles) that exist or may be constructed on the Property licensed herein, (hereinafter, the “Structures”) in close proximity to one or more high voltage (66 kilovolt or above) electric transmission lines and/or substation facilities may be susceptible to induced voltages, static voltages and/or related electric fault conditions (hereinafter collectively referred to as “Induced Voltages”) unless appropriate grounding or other mitigation measures are incorporated into the Structures. If not properly mitigated, Induced Voltages can cause a variety of safety and/or nuisance conditions including, but not limited to, electric shocks or other inju ries to individuals contacting the Structures or other utilities connected to the Structures (including, but not limited to, natural gas lines, water lines or cable television lines), or interference with or damage to sensitive electronic equipment in or a round the Structures. Measures to mitigate Induced Voltages, if required, will vary from case to case because of factors such as electric facility configuration and voltage, other utilities involved, or sensitivity of electronic equipment. Licensee will be responsible to determine what Induced Voltages mitigation measures should be undertaken regarding the Structures and to implement such mitigation measures at its sole cost and expense.

Licensee agrees for itself and for its contractors, agents, licensees , invitees, and employees, to save harmless and indemnify Licensor, its parent, subsidiaries and affiliated entities and their respective officers and employees against all claims, loss, damage, actions, causes of action, expenses and/or liability arising from or growing out of loss or damage to property, including Licensor’s own personal property, or injury to or death of persons, including employees of Licensor caused by or resulting from or connected to Induced Voltages on or related to the Structures.

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38. Notices: All notices required to be given by either party shall be made in writing and shall be deemed to have been given and received (a) when personally delivered, or delivered by same - day courier; or (b) on the third business day after mailing by registered or certified mail, postage prepaid, return receipt requested; or (c) upon delivery when sent by prepaid overnight express delivery service (e.g., FedEx, UPS); or (d) when sent by email and upon the receipt by the sending party of written confirmation by the receiving party. Notices shall be addressed as follows:

To Licensor: Southern California Edison Company
Vegetation & Land Management
Land Management – Metro Region West
2 Innovation Way
Pomona, CA 91768
Email: [email protected]

To Licensee: City of Monterey Park
320 West Newmark Avenue
Monterey Park, CA 91754
Email: [email protected]

Business Telephone No. (626) 307-1323

Notice will be deemed effective on the third calendar day after mailing. A party will immediately notify the other party in writing of any address change.

39. Recording: Licensee will not record this Agreement.

40. Complete Agreement: Licensor and Licensee acknowledge that the foregoing provisions and any appendix, addenda and exhibits attached hereto constitute the entire Agreement between the parties. Any appendices, addenda and exhibits attached hereto are incorporated herein and made an integral part hereof . This Agreement may not be modified, amended, contradicted, supplemented or altered in any way by any previous written or oral agreements or any subsequent oral agreements or unsigned written agreements. This Agreement may be modified or amended only by way of a writing executed by both parties. In case any provision in this Agreement shall be deemed invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only t o the extent of such invalidity, illegality or unenforceability.

41. Signature Authority : Each of the persons executing this Agreement warrants and represents that he or she has the full and complete authority to enter into this Agreement on behalf of the Party for which he or she is signing, and to bind said party to the agreements, covenants and terms contained herein.

42. Survival: Any provision of this Agreement that imposes an obligation after termination or expiration of this Agreement shall survive the termination or expiration of this Agreement.

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be execut ed in duplicate.

LICENSOR:

SOUTHERN CALIFORNIA EDISON COMPANY

By___________________________________________

LYNDSEY RASH
Real Estate Specialist
Land Management – Metro Region West
Vegetation & Land Managment

_____________________
Date

LICENSEE:

CITY OF MONTEREY PARK

By___________________________________________
RON BOW, City Manager

_____________________
Date

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APPENDIX

Guidelines for Standard Licensee Improvements

The following criteria are provided to aid in developing a conceptual plot plan to be submitted to Southern California Edison Company herein after referred to as “Licensor” for consideration and approval prior to the start of any construction on “Licensor” property.

Plans should be developed indicating the size and location of all planned improvements. The plan should specify the dimensions of all planned improvements and the distance of all planned improvements from property lines and all adjacent “Licensor” towers, poles, guy wires or other “Licensor” facilities.

The plan must show the locations of al l “Licensor” towers and poles, 16-foot-wide access roads, main water lines and water shut-off valves, electrical service lines and parking areas. All plans must indicate adjacent streets and include a “north arrow” and the Licensee’s name.

SHADE STRUCTURES
(Definition: A non-flammable frame covered on the top with a material designed to provide shade to aid in growing plants)

1. Shade structures must maintain minimum spacing of 50 feet between shade structure locations, should be placed perpendicular to Licensor’s overhead electrical conductors (wires) unless otherwise approved in writing by Licensor, and should not exceed maximum dimensions of:
a. 100 feet in length
b. 50 feet in width
c. 15 feet in height

2. Shade structures will not be permitted within the following areas reserved for Licensor’s access:
a. Within 2 feet from edge of 16-foot-wide access roads b. 50-foot radius around suspension tower legs, H-Frames, and poles c. 100-foot radius around dead-end tower legs, H-Frames, and poles d. 25-foot radius around anchors/guy wires, poles, and wood poles

3. Shade structures must utilize the following design:
a. Temporary/slip joint construction only
b. Non-flammable frame only
c. Adequately grounded in accordance with plans approved and sta mped by a California electrical engineer
d. Shade covering must be non-flammable and manufactured with non-hydrocarbon materials.

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SHADEHOUSES/HOTHOUSES
(Definition: A simple, non -flammable, enclosed structure designed to contr ol temperature without the benefit of heating and/or air conditioning units to aid in propagating and/or growing plants)

1. Shadehouses/hothouses must maintain minimum spacing of 50 feet between shadehouse/hothouse locations, should be placed in perpendicular to Licensor’s overhead electrical conductors (wires) unless otherwise approved in writing by Licensor, and should not exceed maximum dimensions of:
a. 100 feet in length
b. 50 feet in width
c. 15 feet in height

2. Shadehouses/hothouses will not be permitted within the following areas reserved for Licensor’s access:
a. Within 2 feet from edge of 16-foot-wide access roads b. 50-foot radius around suspension tower legs, H-Frames, and poles c. 100-foot radius around dead-end tower legs, H-Frames, and poles d. 25-foot radius around anchors/guy wires, poles, and wood poles

3. Shadehouses/hothouses must utilize the following design:
a. Temporary/slip joint construction only
b. Non-flammable frame only
c. Adequately grounded in accordan ce with plans approved and stamped by a California electrical engineer
d. Covering must be non-flammable and manufactured with non-hydrocarbon materials

GREENHOUSES
(Definition: An enclosed structure designed to control t emperature and/or humidity by the use of heating and/or air conditioning units to aid in propagating and/or growing plants) Greenhouses will be considered on a case-by-case basis.

IRRIGATION SYSTEMS / WELLS

1. Maximum diameter of pipe: 3 inches

2. All pipes must be plastic Schedule 40 or better

3. No irrigation system will be permitted within the following areas reserved for Licensor’s access:
a. Within 2 feet from edge of 16-foot-wide access roads b. 50 -foot radius around suspension tower legs, H-Frames, and poles

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c. 100-foot radius around dead-end tower legs, H-Frames, and poles

4. Sprinkler and drip irrigation controllers must be located at the edge of the right of way

5. Suitable identification markers will be required on main controllers and valves

6. Locations of main shut off valve will be provided and shown on a plot plan

7. Underground facilities must have a minimum cover of three feet

8. Earth disturbed must be compacted to ninety percent (90%)

LANDSCAPING

1. No trees will be permit ted under the overhead electrical conductors or within 20 feet of the area directly located under the outer circumference of the overhead conductors, which is commonly known as the “drip line.”

2. Trees must have slow to moderate growth, and must be of a variety that grows to a maximum height of only 40 feet and must be maintained by the Licensee at a height not to exceed 15 feet

3. Placement of large rocks (boulders) must be approved in writing by Licensor

4. Any mounds or change of grade must be approved in writing by Licensor

5. No cactus or thorny shrubs will be permitted

6. Retaining walls, planters, etc. may be considered on a case-by-case basis and must be approved in writing by Licensor

7. No crushed or freshly laid asphalt will be permitted

TRAILERS (Definition: Removable / portable office modules are not permitted without Licensor’s prior permission. Trailers must meet the following criteria to be considered: Trailers must meet the following criteria:
a. Must have axles and wheel and be able to be moved
b. Maximum length: 40 feet
c. Maximum height: 15 feet
d. Maximum width: 12 feet

2. No trailers will be permitted within the following areas reserved for Licensor’s access:
a. Within 2 feet from edge of 16-foot-wide access roads b. 50-foot radius around suspension tower legs, H-Frames, and poles c. 100-foot radius around dead-end tower legs, H-Frames, and poles d. 25-foot radius around anchors/guy wires, poles, and wood poles

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e. Under or within 10 feet of the conductor “drip lines”

3. Sewer or gas lines to trailers must be approved in writing by Licensor

4. Location of all electrical and telephone lines must be approved in writing by Licensor

5. Electrical lines must be installed by a licensed -general contractor.

6. Trailers shall not be used for residential purposes

7. Toxic or flammable materials will not be permitted in trailers

8. Adequately grounded in accordance with plans ap proved and stamped by a California electrical engineer

PARKING AREAS

Parking areas should not be designed under the overhead electrical conductors or within 10 feet of the “drip lines” without Licensor’s prior written approval. Parking spaces to be identified under the approved site plan. “No Parking” striping may be required in areas where additional clearance is required.

MATERIAL STORAGE

1. If an emergency occurs, Licensee must immediately relocate all materials specified by Licensor to provide Licensor clear access to its facilities.

2. Licensee must provide Licensor with a list of material stored on the right of way

3. No toxic or flammable materials will be permitted

4. No materials shall be stored within the following areas reserved for Licensor’s access:
a. Within 2 feet from edge of 16-foot-wide access roads b. 50 - foot radius around suspension tower legs, H-Frames, and poles c. 100 - foot radius around dead-end tower legs, H-Frames, and poles d. 25 feet from anchors/guy wires, poles and wood poles

5. Storage of materials not to exceed a maximum height of 15 feet

6. No storage of gasoline, diesel or any other type of fuel will be permitted

7. Any fencing around the storage areas must have Licensor’s prior written approval.

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A D D E N D U M

POLELINE, PIPELINE OR UNDERGROUND CABLE

A. Licensee must obtain prior written approval from the Licensor for the installation of any facilities, including any subsequent modifications. Licensee will maintain all facilities in a safe condition satisfactory to Licensor.

B. At any time, Licensor may require the removal, modification, or relocation of any portion of the facility. Licensee will remove, modify, or relocate same, at its expense, to a location satisfactory to Licensor within sixty (60) days after receiving notice to remove, modify, or relocate from Licensor.

C. Licensee will construct, use, maintain, or remove facilities so as not to damage, endanger or interfere with the construction, use and maintenance of existing facilities, including but not limited to, pipelines, underground cables, electric or telephone lines, and/or any subsequent modifications. Licensee must place its facilities at safe distance under or from existing pipelines and underground cables. Licensee must give Licensor ten (10) days prior written notice of the time and place of the commencement of any work to be performed on the Property.

D. Licensee must mark the location of all pipelines and underground cables with permanent markers. Licensee will maintain and repair the markers.

E. Pipelines and underground cables must be constructed and made of materials sufficient and safe for their intended use.

F. Pipelines must be constructed to withstand a pressure equal to at least one hundred and fifty percent (150%) of its maximum operating pressure. All pipelines must be tested upon completion of construction. Licensee must give Licensor twenty -four (24) hours prior written notice of the time and place of testing and provide a copy of the test results upon request.

G. No valves or controllers for the pipeline are allowed on the property.

H. Licensee agrees that pole line, pipeline or underground cable shall be removed upon cancellation or termination of this A greement. Licensee shall provide the following information on Pipelines to Licensor:

1. Material Safety Data Sheets (MSDS) for all oil products that have been moved in the pipeline.

2. Repair and replacement records.

3. Hydro Test Records.

4. Records on spills or releases.

5. Test results of the area beneath meter stations, valves, or other potential spill points for any area that has not always been over concrete.

6. Copies of correspondence with any state or local regulatory agency regarding the pipeline.

Staff Report
June 21, 2023 City Council Staff Report
DATE: June 21, 2023
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: Receive and File Staff Report Summarizing the Status of Emergency Repairs of the Monterey Pass Road Water Line
RECOMMENDATION:

It is recommended that the City Council consider:

1. Receive and File the staff report summarizing the status of emergency repairs of the Monterey Pass Road water line; and

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

BACKGROUND:

On August 17, 2022, City Council adopted Resolution No. 2022-R69 authorizing the City Manager to take necessary measures for emergency repair of a water main line on Monterey Pass Road. Recurring water main leaks in several areas within Monterey Pass Road between the intersections of Vagabond Drive and Brightwood street resulted in extensive infrastructure damage to the roadway and necessary water main pipe repairs to ensure continued water service to residences and businesses in the area.

The design phase was completed in December 2022 followed by research of available material and cost during the months of December and January to ensure the project could be expedited due to the significant material delivery delays. Construction started on March 2023 and is scheduled to be complete by October 2023.

As part of the City’s outreach efforts, the construction manager visited business along the project area prior to the start of the project to notify them of the upcoming construction.

The Economic Development Division also mailed out letters to businesses that may be impacted by this project. Message boards were placed within the project area prior to construction commencing to alert drivers of the impact to their commutes. The City will continue to provide project updates to the community for the duration of the project through the City website, social media, and City Council meetings. A dedicated webpage has been established on the city’s website as, www.Montereypark.ca.gov/Montereypass, to inform the public about the project and provide progress updates. Residents and businesses can also sign up to receive project updates by subscribing to NIXLE, by texting "MPSS" to 888777.

Consent Calendar - 3L

Staff Report

June 21, 2023

As of the week ending on June 16, the contractor will have completed approximately 69% of the project with the installation of 7,500 linear feet of 12” PVC water pipeline along Monterey Pass between Floral Dr and Vagabond Rd. Traffic control devices have provided a safe working condition for both contractor and the driving public. These devices are removed at the end of the day and proper temporary asphalt resurfacing of the trench has provided a seamless transition for vehicular traffic. Street sweeping is performed on a daily basis to provide a clean working environment during and after work. A map showing construction work through June 16
th is included as Attachment 1.

FISCAL IMPACT:

The Monterey Pass Road Emergency Water Main Improvements is included in the FY 22-23 Capital Improvement Plan as Project No. 99025. The following is an estimated cost for the project:

CIP 99025 – Monterey Pass Road Emergency Watermain
Engineering Design $ 131,000
Geotechnical $ 100,000
Construction Cost $ 4,800,000
Material Cost $ 1,600,000
Street Rehabilitation $ 950,000
Construction Management and Inspection $ 410,000
Total $7,991,000

Respectfully submitted by: Reviewed by:

Shawn Igoe,
Director of Public Works

Martha Garcia
Director of Finance

Approved by:

Reviewed by:

Ron Bow
City Manager
Karl H. Berger
City Attorney

ATTACHMENT:

1. Construction Map

Staff Report
June 21, 2023
ATTACHMENT 1
Construction Map

City Council Staff Report
DATE: June 21, 2023
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Jessica Serrano, Director of Community Development SUBJECT: A public hearing to consider adopting a resolution establishing city-wide fees related to the Inclusionary Housing Ordinance
RECOMMENDATION:

It is recommended that the City Council consider:

1. Continue the public hearing to the August 16, 2023 City Council meeting; and

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

EXECUTIVE SUMMARY:

Staff recommends that this item be continued to the August 16, 2023 City Council meeting.

Respectfully submitted by: Prepared by:

Jessica Serrano
Director of Community
Development
Beth Chow, AICP
Senior Planner
Approved by: Reviewed by:

Ron Bow
City Manager
Justin A. Tamayo
Deputy City Attorney
Public Hearing - 4A

City Council Staff Report
DATE: June 21, 2023
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: Resolution for the FY2023-24 Capital Improvement Plan RECOMMENDATION:

It is recommended that the City Council consider:

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

2. After closing the public hearing and considering the evidence, adopting a Resolution finding the FY2023-24 Capital Improvement Plan (“CIP”) conforms with the General Plan, Authorizing the City Engineer to Approve Plans and Specifications for Capital Improvement Projects, and Authorizing the Public Works Director to Solicit Bids for Capital Improvement Projects identified in the CIP; and

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

EXECUTIVE SUMMARY
The City’s FY2023-24 proposed budget includes an updated Capital Improvement Plan (“CIP”) outlining the City’s capital investments over a five-year period. Staff seeks the City Council’s adoption of a Resolution to approve the proposed CIP, grant authorization for the City Engineer to approve plans specifications for Capital Improvement Projects and authorization for the Director of Public Works to advertise projects for construction bids when required or needed.

BACKGROUND
The CIP generally identifies which capital improvement projects will be built during a five- year period; it is updated annually and approved by the City Council. The CIP includes major enhancements and repairs to critical public assets, including parks, City-owned facilities, streets, traffic signals, storm drains, sidewalks, bus stops, transportation, water and sewer facilities. Completion of CIP projects helps to enhance the overall quality of life in the City by improving the physical structures, systems, and facilities that provide services to the community. The Public Works Department is responsible for implementing the City’s CIP. Each year, Public Works, in conjunction with other Departments, reviews the City’s capital needs and prioritizes projects through the annual budget process.

It is recommended that the City Council adopt a resolution approving the proposed FY 2023-24 CIP list of projects. If the proposed Resolution is adopted, the CIP will be approved; the City Engineer will be authorized to approve plans/specifications (for design immunity purposes); and the Public Works Director will be authorized to solicit bids for CIP projects.

Public Hearing - 4B

Staff Report
June 21, 2023

FISCAL IMPACT
The FY2023-24 proposed budget includes a list of projects with estimated costs and funding sources. Any Capital Improvement Project fiscal impact will be provided before contract award.

Respectfully submitted by: Prepared by:

Shawn Igoe
Director of Public Works
Xochitl Tipan
Administrative Manager
Approved by: Reviewed by:

Ron Bow
City Manager
Karl H. Berger
City Attorney

ATTACHMENTS

1. Resolution

Staff Report
June 21, 2023
ATTACHMENT 1
Resolution

1 RESOLUTION NO. _____

A RESOLUTION FINDING THE FY 2023-24 CAPITAL IMPROVEMENT PLAN (“CIP”) CONFORMS WITH THE GENERAL PLAN; AUTHORIZING

THE CITY ENGINEER TO APPROVE PLANS AND SPECIFICATIONS
FOR CAPITAL IMPROVEMENT PROJECTS; AND AUTHORIZING THE

PUBLIC WORKS DIRECTOR TO SOLICIT BIDS FOR CAPITAL
IMPROVEMENT PROJECTS IDENTIFIED IN THE CIP.

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

SECTION 1: Planning Agency. Pursuant to Monterey Park Municipal Code (“MPMC”) §

2.56.020(B), the City Council is the Monterey Park Planning Agency for purposes of this Resolution. In accordance with Government Code § 65401, the Public Works Director prepared and submitted a capital improvement plan (“CIP”) to the Planning Agency as set forth in attached Exhibit “A,” which is incorporated by reference. Government Code § 65103(C) requires the Planning Agency to annually review the City’s CIP to determine whether the CIP is consistent with the Monterey Park General Plan. The City Council finds that the CIP is consistent with the Monterey Park General Plan. Among other things the CIP meets the following goals in the General Plan:

• Goal 2.0 of the Circulation Element: Provide a local street system that accommodates current and future traffic volumes;

• Goal 5.0 of the Circulation Element: Create and maintain a connected system of bicycle routes and pedestrian facilities that meets the need of City residents;

• Goal 6.0 of the Circulation Element: Ensure that all development projects provide well-designed parking facilities that are safe, convenient, and attractive;

• Goal 3.0 of the Safety and Community Services Element: Protect public and private properties from geologic hazards associated with steep slopes, unstable hillsides, and liquefaction-prone areas;

• Goal 13.0 of the Safety and Community Services Element: Provide adequate sewer, water, and drainage systems to meet the needs of City residents and businesses; and

• Goal 4.0 of the Resources Element: Conserve and protect groundwater supply and water resources.

SECTION 2: Design Immunity; City Engineer. The City Council wishes to obtain the immunities set forth in Government Code § 830.6 regarding the plans and construction of the CIP projects. Accordingly, the City Council authorizes the City Engineer to exercise discretionary approval for plans or designs for each project identified in the CIP

2 in advance of the construction or improvement. Such approval must conform with the following:

A. The City Engineer must determine that design and plans for the CIP projects are consistent with the City’s standards, guidelines, practices, or otherwise comply with applicable law and engineering standards, guidelines, or practices.

B. Approval must be in writing and be stamped by the City Engineer while exercising his or her discretion in accordance with California law.

C. The design approval must occur before a solicitation of bids is issued in accordance with this Resolution and before actual construction work construction commences.

D. The City Engineer is authorized to act on the City’s behalf in approving any alterations or modifications of approved design and plans.

SECTION 3: Solicitation of Bids; Public Works Director. For CIP projects exceeding the threshold in MPMC § 3.100.040 for informal bidding (at the time this Resolution was adopted, the threshold is $200,000 or more), the Public Works Director is authorized to solicit bids for projects identified in the CIP and in the current Budget Resolution without additional City Council authorization. Such solicitation for bids must comply with applicable California law including, without limitation, the Public Contract Code. The Public Works Director is required to bring all recommendations for award to the City Council.

SECTION 3: 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 4: 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 5: Effective Date. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.

PASSED AND ADOPTED this 21st day of June.

______________________________
Jose Sanchez, Mayor

3 ATTEST:

____________________________
Maychelle Yee, City Clerk

APPROVED AS TO FORM:

____________________________
Karl H. Berger, City Attorney

Five Year Capital Improvement Program
FY 2023-2024 Preliminary Budget
Year To Date New Funding
Appropriation Estimated FY 2022-2023 Request Planned Planned Planned Planned Total Project Project Fund Project Description Amount Expenditures Carryover Balance FY 2023-2024 FY 2024-2025 FY 2025-2026 FY 2026-2027 FY 2027-2028 Needs Enterprise Capital Projects
86005 411 SEWER MASTER PLAN $200,000.00 $0.00 $0.00 $0.00 $200,000.00 $0.00 $0.00 $0.00 $400,000.00 86005 419 SEWER MASTER PLAN $71,177.00 $0.00 $49,190.00 $0.00 $21,987.00 $0.00 $0.00 $0.00 $71,177.00 96007 411 SEWER REPAIRS & PIPE RELINING $609,235.00 $450,403.00 $158,832.00 $0.00 $0.00 $0.00 $0.00 $0.00 $609,235.00 99009 411 CHANDLER AVENUE PIPELINE REPLACEMENT $160,000.00 $149,773.75 $10,226.25 $0.00 $0.00 $0.00 $0.00 $0.00 $160,000.00 99010 411 EMERSON AVENUE PIPELINE RELINING $245,000.00 $0.00 $245,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $245,000.00 99011 411 EMERSON AVENUE PARALLEL PIPELINE $615,000.00 $0.00 $615,000.00 $1,015,000.00 $0.00 $0.00 $0.00 $0.00 $1,630,000.00 96001 411 N. ATLANTIC SEWER IMPROVEMENT $1,940,394.00 $736,539.15 $0.00 $0.00 $2,236,539.85 $0.00 $0.00 $0.00 $2,973,079.00 99014 411 CURED-IN PLACE PIPE RELINING- VARIOUS LOCATIONS (GARVEY) $887,000.00 $0.00 $887,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $887,000.00 99015 411 SPOT REPAIRS AT VARIOUS LOCATIONS $1,282,000.00 $659,268.84 $622,731.16 $0.00 $0.00 $0.00 $0.00 $0.00 $1,282,000.00 99016 411 CCTV FIELD EQUIPMENT UPGRADE $71,000.00 $33,868.85 $37,131.15 $0.00 $0.00 $0.00 $0.00 $0.00 $71,000.00 99020 411 SEWER SYSTEM INVENTORY & MAPPING AND STAFF TRAINING $0.00 $0.00 $0.00 $0.00 $156,435.00 $0.00 $0.00 $0.00 $156,435.00 99021 411 PIPELINE REPLACEMENT - CIPRIANO AND EL PORTAL $0.00 $0.00 $0.00 $0.00 $304,886.00 $0.00 $0.00 $0.00 $304,886.00 NEW 411 SEWER MANHOLE REHABILITATION $0.00 $0.00 $0.00 $300,000.00 $300,000.00 $300,000.00 $300,000.00 $0.00 $1,200,000.00 NEW 411 SEWER REPAIRS AT VARIOUS LOCATIONS $0.00 $0.00 $0.00 $1,500,000.00 $1,500,000.00 $1,500,000.00 $1,500,000.00 $0.00 $6,000,000.00 Sewer Sub-total $6,080,806.00 $2,029,853.59 $2,625,110.56 $2,815,000.00 $4,719,847.85 $1,800,000.00 $1,800,000.00 $0.00 $8,789,812.00 86007 401 WATER MASTER PLAN $286,809.00 $104,233.00 $182,576.00 $0.00 $0.00 $0.00 $0.00 $0.00 $286,809.00 99012 402 GROUNDWATER TREATMENT SYSTEM $105,541.02 $0.00 $105,541.02 $0.00 $0.00 $0.00 $0.00 $0.00 $105,541.02 99012 403 GROUNDWATER TREATMENT SYSTEM $6,837,000.00 $5,537,807.07 $1,299,192.93 $0.00 $0.00 $0.00 $0.00 $0.00 $6,837,000.00 99005 401 MIRA VALLE WATER PROJECT $540,000.00 $0.00 $0.00 $0.00 $540,000.00 $0.00 $0.00 $0.00 $540,000.00 99006 401 MPK GOLF COURSE WATER MAIN EXTENSION $630,000.00 $0.00 $0.00 $0.00 $630,000.00 $0.00 $0.00 $0.00 $630,000.00 99007 401 RUSSELL STREET RESERVOIR $1,199,625.00 $19,992.45 $0.00 $0.00 $2,315,007.55 $0.00 $0.00 $0.00 $3,514,632.55 96001 401 N. ATLANTIC WATER IMPROVEMENT $1,668,753.00 $10,175.00 $1,658,578.00 $0.00 $345,922.00 $0.00 $0.00 $0.00 $2,014,675.00 99022 409 PLC UPGRADE $387,341.00 $0.00 $387,341.00 $212,659.00 $0.00 $0.00 $0.00 $0.00 $600,000.00 99023 409 WATER MAIN REPLACEMENT - NORTHEAST $112,491.00 $13,032.00 $99,459.00 $0.00 $0.00 $0.00 $0.00 $0.00 $112,491.00 99023 401 WATER MAIN REPLACEMENT - NORTHEAST $2,602,305.00 $0.00 $2,602,305.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,602,305.00 99024 401 WATER METER REPLACEMENTS $5,000,000.00 $53,611.56 $4,946,388.44 $0.00 $4,000,000.00 $0.00 $0.00 $0.00 $9,000,000.00 99025 401 MONTEREY PASS RD WATER MAIN IMPROVEMENTS $8,241,000.00 $1,504,235.90 $6,736,764.10 $0.00 $0.00 $0.00 $0.00 $0.00 $8,241,000.00 NEW 401 WATER MAIN REPLACEMENT - NORTHEAST (PHASE 4) $0.00 $0.00 $0.00 $0.00 $2,400,000.00 $0.00 $0.00 $0.00 $2,400,000.00 NEW 401 WATER MAIN REPLACEMENT - NORTHEAST (PHASE 5) $0.00 $0.00 $0.00 $0.00 $0.00 $2,700,000.00 $0.00 $0.00 $2,700,000.00 NEW 401 DE LA FUENTE ST MAINLINE REPLACEMENT $0.00 $0.00 $0.00 $0.00 $0.00 $6,000,000.00 $0.00 $0.00 $6,000,000.00 NEW 401 MONTECHICO DR MAINLINE REPLACEMENT $0.00 $0.00 $0.00 $0.00 $0.00 $1,300,000.00 $0.00 $0.00 $1,300,000.00 NEW 401 RUSSELL BOOSTER STATION $0.00 $0.00 $0.00 $0.00 $0.00 $2,800,000.00 $0.00 $0.00 $2,800,000.00 NEW 401 BROCKWELL AVE MAINLINE REPLACEMENT $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $5,500,000.00 $0.00 $5,500,000.00 NEW 401 REPLACE DELTA SETTLING TANKS $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,700,000.00 $0.00 $2,700,000.00 NEW 401 EAST GRAVES AVE MAINLINE REPLACEMENT $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $670,000.00 $670,000.00 NEW 401 BRIGHTWOOD BOOSTER STATION REHAB $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,900,000.00 $1,900,000.00 NEW 401 GRAYLOCK AVE MAINLINE REPLACEMENT $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3,000,000.00 $3,000,000.00 NEW 401 PIPELINE SEISMIC UPGRADE $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $200,000.00 $200,000.00 NEW 401 DELTA BOOSTER STATION $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 NEW 401 DONCREST ST MAINLINE REPLACEMENT $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Water Sub-total $27,610,865.02 $7,243,086.98 $18,018,145.49 $212,659.00 $10,230,929.55 $12,800,000.00 $8,200,000.00 $5,770,000.00 $63,654,453.57 Enterprise Capital Projects Subtotal $33,691,671.02 $9,272,940.57 $20,643,256.05 $3,027,659.00 $14,950,777.40 $14,600,000.00 $10,000,000.00 $5,770,000.00 $72,444,265.57 R7

EXHIBIT A

Five Year Capital Improvement Program
FY 2023-2024 Preliminary Budget
Year To Date New Funding
Appropriation Estimated FY 2022-2023 Request Planned Planned Planned Planned Total Project Project Fund Project Description Amount Expenditures Carryover Balance FY 2023-2024 FY 2024-2025 FY 2025-2026 FY 2026-2027 FY 2027-2028 Needs Street Construction Capital Projects
96004 239 DOWNTOWN TRAFFIC SIGNAL IMPROV $343,744.00 $239,946.35 $103,797.65 $0.00 $0.00 $0.00 $0.00 $0.00 $343,744.00 96004 246 DOWNTOWN TRAFFIC SIGNAL IMPROV $932,500.00 $52,977.63 $879,522.37 $0.00 $0.00 $0.00 $0.00 $0.00 $932,500.00 96012 101 POTRERO GRANDE RENOVATION $3,588,858.60 $60,580.00 $3,528,278.60 $0.00 $0.00 $0.00 $0.00 $0.00 $3,588,858.60 96023 239 GARFIELD AVENUE CAPACITY IMPROVEMENT $700,000.00 $212.50 $699,787.50 $0.00 $0.00 $0.00 $0.00 $0.00 $700,000.00 96024 239 ATLANTIC AVENUE CAPACITY IMPROVEMENT $250,000.00 $212.50 $249,787.50 $1,650,000.00 $0.00 $0.00 $0.00 $0.00 $1,900,000.00 96025 239 RAMONA ROAD CAPACITY IMPROVEMENT $575,000.00 $2,096.00 $572,904.00 $175,000.00 $1,000,000.00 $650,000.00 $0.00 $0.00 $2,400,000.00 96026 239 ADAPTIVE TRAFFIC/TRAFFIC RESPONSIVE CONTROL SYSTEM $1,750,000.00 $15,608.50 $1,734,391.50 $2,250,000.00 $5,000,000.00 $0.00 $0.00 $0.00 $9,000,000.00 96027 601 PAVEMENT MANAGEMENT STUDY $94,269.00 $32,960.00 $61,309.00 $0.00 $90,000.00 $0.00 $0.00 $0.00 $184,269.00 96028 246 GARFIELD AVE TRAFFIC SIGNAL IMPROVEMENTS $537,200.00 $44,928.35 $492,271.65 $0.00 $0.00 $0.00 $0.00 $0.00 $537,200.00 96030 601 SLURRY SEAL - VARIOUS LOCATIONS $1,231,004.00 $805,265.65 $425,738.35 $1,032,933.00 $0.00 $0.00 $0.00 $0.00 $2,263,937.00 96031 601 STREET REHABILITATION -VARIOUS LOCATIONS $11,388,652.00 $1,962,846.90 $9,425,805.10 $7,029,985.00 $0.00 $0.00 $0.00 $0.00 $18,418,637.00 96031 101 STREET REHABILITATION-VARIOUS LOCATIONS $35,350.00 $0.00 $35,350.00 $0.00 $0.00 $0.00 $0.00 $0.00 $35,350.00 96034 281 SCHOOL AND CROSSWALK SAFETY ENHANCEMENT PROJECT $1,354,900.00 $0.00 $1,354,900.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,354,900.00 96034 239 SCHOOL AND CROSSWALK SAFETY ENHANCEMENT PROJECT $489,657.00 $69,398.00 $420,259.00 $0.00 $0.00 $0.00 $0.00 $0.00 $489,657.00 96035 239 CESAR CHAVEZ AVE. PAVING PROJECT $55,000.00 $0.00 $55,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $55,000.00 96036 237 STREET REHABILITATION -VARIOUS LOCATIONS (RMRA) $1,252,121.00 $5,889.13 $1,246,231.87 $0.00 $0.00 $0.00 $0.00 $0.00 $1,252,121.00 96038 240 MAT CYCLE 1- POTRERO GRANDE REGIONAL PROJECT $108,750.00 $0.00 $108,750.00 $1,646,112.00 $4,329,753.00 $281,610.00 $0.00 $0.00 $6,366,225.00 96039 242 SIDEWALK REPAIR PROJECT $922,672.00 $0.00 $922,672.00 $0.00 $0.00 $0.00 $0.00 $0.00 $922,672.00 96039 238 SIDEWALK REPAIR PROJECT $802,182.00 $0.00 $802,182.00 $0.00 $0.00 $0.00 $0.00 $0.00 $802,182.00 96039 236 SIDEWALK REPAIR PROJECT $174,946.00 $0.00 $174,946.00 $0.00 $0.00 $0.00 $0.00 $0.00 $174,946.00 96005 241 TRAFFIC SIGNAL UPGRADES $200,000.00 $0.00 $0.00 $200,000.00 $0.00 $0.00 $0.00 $0.00 $200,000.00 NEW 246 MONTEREY PASS STREET REHABILITATION $0.00 $0.00 $0.00 $1,064,323.00 $0.00 $0.00 $0.00 $0.00 $1,064,323.00 NEW 242 SLURRY SEAL $0.00 $0.00 $0.00 $500,000.00 $500,000.00 $500,000.00 $500,000.00 $500,000.00 $2,500,000.00 NEW 237 STREET REHABILITATION - VARIOUS STREETS $0.00 $0.00 $0.00 $1,500,000.00 $1,500,000.00 $1,500,000.00 $1,500,000.00 $150,000.00 $6,150,000.00 NEW 241 SIDEWALK REPAIRS - CITYWIDE $0.00 $0.00 $0.00 $179,557.00 $180,000.00 $180,000.00 $180,000.00 $180,000.00 $899,557.00 NEW 236 SIDEWALK REPAIRS - CITYWIDE $0.00 $0.00 $0.00 $70,443.00 $70,000.00 $70,000.00 $70,000.00 $70,000.00 $350,443.00 NEW 218 SAFE STREETS FPR ALL (SS4A) $0.00 $0.00 $0.00 $984,000.00 $0.00 $0.00 $0.00 $0.00 $984,000.00 NEW 239 SAFE STREETS FPR ALL (SS4A) $0.00 $0.00 $0.00 $246,000.00 $0.00 $0.00 $0.00 $0.00 $246,000.00 NEW 241 BUS STOP IMPROVEMENTS $0.00 $0.00 $0.00 $600,000.00 $0.00 $0.00 $0.00 $0.00 $600,000.00 NEW ALLEYS REHABILITATION $0.00 $0.00 $0.00 $0.00 $2,930,000.00 $2,544,000.00 $2,671,000.00 $2,804,000.00 $10,949,000.00 Street Sub-total $26,786,805.60 $3,292,921.51 $23,293,884.09 $19,128,353.00 $15,599,753.00 $5,725,610.00 $4,921,000.00 $3,704,000.00 $75,665,521.60 99003 248 EAST LA SUSTAINABLE MEDIAN STORMWATER $600,000.00 $600,000.00 $0.00 $600,000.00 $0.00 $0.00 $0.00 $0.00 1,200,000.00$ 96033 248 CATCH BASIN CPS UNITS $302,250.00 $8,068.06 $294,181.94 $0.00 $0.00 $0.00 $0.00 $0.00 302,250.00$ NEW 248 STORM DRAIN MASTER PLAN $0.00 $0.00 $0.00 $153,233.00 Drainage Sub-total $902,250.00 $608,068.06 $294,181.94 $753,233.00 $0.00 $0.00 $0.00 $0.00 $1,502,250.00 -$
Street Construction Capital Projects Subtotal $27,689,055.60 $3,900,989.57 $23,588,066.03 $19,881,586.00 $15,599,753.00 $5,725,610.00 $4,921,000.00 $3,704,000.00 $77,167,771.60 R7

Five Year Capital Improvement Program
FY 2023-2024 Preliminary Budget
Year To Date New Funding
Appropriation Estimated FY 2022-2023 Request Planned Planned Planned Planned Total Project Project Fund Project Description Amount Expenditures Carryover Balance FY 2023-2024 FY 2024-2025 FY 2025-2026 FY 2026-2027 FY 2027-2028 Needs Community Capital Improvement Projects
81401 502 IT EMERGENCY / MASTER PLAN $50,000.00 $0.00 $50,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $50,000.00 87001 101 COMPREHENSIVE GENERAL PLAN $346,632.27 $382,570.12 -$35,937.85 $0.00 $0.00 $0.00 $0.00 $0.00 $346,632.27 91401 502 NETWORK EQUIPMENT (ERP) $1,133,563.16 $999,933.32 $133,629.84 $0.00 $0.00 $0.00 $0.00 $0.00 $1,133,563.16 93004 363 CITYWIDE CAMERAS $1,312,127.00 $1,302,127.00 $10,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,312,127.00 93004 401 CITYWIDE CAMERAS $238,210.00 $238,210.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $238,210.00 93004 411 CITYWIDE CAMERAS $42,761.00 $42,761.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $42,761.00 93004 421 CITYWIDE CAMERAS $42,761.00 $42,761.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $42,761.00 93004 501 CITYWIDE CAMERAS $64,141.00 $62,940.31 $1,200.69 $0.00 $0.00 $0.00 $0.00 $0.00 $64,141.00 96018 101 DOWNTOWN PARKING LOT IMPROVEMENTS $567,153.00 $0.00 $567,153.00 $0.00 $0.00 $0.00 $0.00 $0.00 $567,153.00 96029 363 CITY HALL A/C UNITS REPLACEMENT $345,451.00 $51,045.00 $294,406.00 $0.00 $0.00 $0.00 $0.00 $0.00 $345,451.00 95011 231 LIBRARY STORYROOM EXPANSION AND STAINED GLASS $30,000.00 $0.00 $30,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $30,000.00 95011 363 LIBRARY STORYROOM EXPANSION AND STAINED GLASS $120,000.00 $0.00 $120,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $120,000.00 95013 231 BARNES GYM RESTROOMS UPGRADES $230,000.00 $6,333.00 $223,667.00 $0.00 $0.00 $0.00 $0.00 $0.00 $230,000.00 95014 231 LANGLEY RESTROOMS UPGRADES $200,000.00 $0.00 $200,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $200,000.00 95014 362 LANGLEY RESTROOMS UPGRADES $545,603.00 $0.00 $545,603.00 $0.00 $0.00 $0.00 $0.00 $0.00 $545,603.00 95016 363 GATE RAMP $60,000.00 $13,497.38 $46,502.62 $0.00 $0.00 $0.00 $0.00 $0.00 $60,000.00 95017 363 EDISON TRAILS PARK PLAYGROUND REPLACEMENT $300,000.00 $63,169.88 $236,830.12 $0.00 $0.00 $0.00 $0.00 $0.00 $300,000.00 95018 363 SEQUOIA PARK SMALL PLAYGROUND REPLACEMENT $220,000.00 $0.00 $220,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $220,000.00 95019 363 GARVEY RANCH PARK BIG PLAYGROUND REPLACEMENT $480,000.00 $0.00 $480,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $480,000.00 95020 363 GARVEY RANCH PARK SMALL PLAYGROUND REPLACEMENT $175,000.00 $0.00 $175,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $175,000.00 95021 363 BELLA VISTA PARK PLAYGROUND REPLACEMENT $200,000.00 $0.00 $200,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $200,000.00 95022 363 HIGHLANDS PARK SMALL PLAYGROUND REPLACEMENT $175,000.00 $0.00 $175,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $175,000.00 95023 363 LASER CUT BASEBALL FIELDS $30,000.00 $0.00 $30,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $30,000.00 95024 363 HIGHLANDS PARK BIG PLAYGROUND REPLACEMENT $450,000.00 $0.00 $450,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $450,000.00 95025 363 DUAL MODEM MDC'S $127,528.00 $97,968.89 $29,559.11 $0.00 $0.00 $0.00 $0.00 $0.00 $127,528.00 95026 363 CITY HALL GENERATOR $335,000.00 $1,701.00 $333,299.00 $0.00 $0.00 $0.00 $0.00 $0.00 $335,000.00 95027 387 SIERRA VISTA COURTS $27,500.00 $26,043.69 $1,456.31 $0.00 $0.00 $0.00 $0.00 $0.00 $27,500.00 95028 387 BARNES PARK AMPHITHEATER SEATING $188,492.00 $0.00 $188,492.00 $0.00 $0.00 $0.00 $0.00 $0.00 $188,492.00 95029 363 REKEYING OF CITY HALL DOORS $100,000.00 $0.00 $100,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $100,000.00 95030 363 DEMOLITION OF TRAINING TOWER $100,000.00 $0.00 $100,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $100,000.00 ### 501 PUBLIC SAFETY $60,000.00 $0.00 $60,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $60,000.00 ### 501 PUBLIC WORKS VEHICLE $150,000.00 $0.00 $150,000.00 $360,000.00 $0.00 $0.00 $0.00 $0.00 $510,000.00 ### 238 RECREATION AND COMMUNITY SERVICES VEHICLES $245,000.00 $0.00 $245,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $245,000.00 ### 401 PUBLIC WORKS VEHICLE (WATER) $70,000.00 $0.00 $70,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $70,000.00 NEW 362 PARK RESTROOM IMPROVEMENTS - BARNES PARK $0.00 $0.00 $0.00 $445,000.00 $0.00 $0.00 $0.00 $0.00 $445,000.00 NEW 362 PARK RESTROOM IMPROVEMENTS $0.00 $0.00 $0.00 $0.00 $400,000.00 $400,000.00 $400,000.00 $400,000.00 $1,600,000.00 NEW 101 AMBULANCE $0.00 $0.00 $0.00 $425,000.00 $0.00 $0.00 $0.00 $0.00 $425,000.00 NEW 101 ELDER GYM ROOF REPAIR $0.00 $0.00 $0.00 $433,000.00 $0.00 $0.00 $0.00 $0.00 $433,000.00 NEW 101 CITY HALL SKYLIGHTS ATRIUM REPLACEMENT $0.00 $0.00 $0.00 $300,000.00 $0.00 $0.00 $0.00 $0.00 $300,000.00 NEW 101 CITY HALL LROOF REPAIR $0.00 $0.00 $0.00 $693,000.00 $0.00 $0.00 $0.00 $0.00 $693,000.00 NEW 101 GARVEY RANCH PARK MUSEUM ROOF REPAIRS $0.00 $0.00 $0.00 $140,000.00 $0.00 $0.00 $0.00 $0.00 $140,000.00 NEW 101 LANGLEY CENTER ROOF $0.00 $0.00 $0.00 $100,000.00 $0.00 $0.00 $0.00 $0.00 $100,000.00 NEW 101 BARNES GYM ROOF $0.00 $0.00 $0.00 $100,000.00 $0.00 $0.00 $0.00 $0.00 $100,000.00 NEW 101 POLICE VEHICLE $0.00 $0.00 $0.00 $66,790.65 $200,000.00 $0.00 $0.00 $0.00 $266,790.65 Community Capital Improvement Projects Subtotal $8,966,379.93 $3,535,519.09 $5,430,860.84 $3,062,790.65 $600,000.00 $400,000.00 $400,000.00 $400,000.00 $13,829,170.58 R7

Five Year Capital Improvement Program
FY 2023-2024 Preliminary Budget
Year To Date New Funding
Appropriation Estimated FY 2022-2023 Request Planned Planned Planned Planned Total Project Project Fund Project Description Amount Expenditures Carryover Balance FY 2023-2024 FY 2024-2025 FY 2025-2026 FY 2026-2027 FY 2027-2028 Needs

TOTAL ALL FUNDS
101 GENERAL FUND $4,537,993.87 $443,150.12 $4,094,843.75 $2,257,790.65 $200,000.00 $0.00 $0.00 $0.00 $6,995,784.52 218 SS4A $0.00 $0.00 $0.00 $984,000.00 $0.00 $0.00 $0.00 $0.00 $984,000.00 231 PUBLIC/PARKS/LIBRARY DIF $460,000.00 $6,333.00 $453,667.00 $0.00 $0.00 $0.00 $0.00 $0.00 $460,000.00 236 TRANSPORTATION DEVELOPMENT ACT 3 $174,946.00 $0.00 $174,946.00 $70,443.00 $70,000.00 $70,000.00 $70,000.00 $70,000.00 $525,389.00 237 SB1 $1,252,121.00 $5,889.13 $1,246,231.87 $1,500,000.00 $1,500,000.00 $1,500,000.00 $1,500,000.00 $150,000.00 $7,402,121.00 238 PROP A $1,047,182.00 $0.00 $1,047,182.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,047,182.00 239 MEASURE R $4,163,401.00 $327,473.85 $3,835,927.15 $4,321,000.00 $6,000,000.00 $650,000.00 $0.00 $0.00 $15,134,401.00 240 Measure M $108,750.00 $0.00 $108,750.00 $1,646,112.00 $4,329,753.00 $281,610.00 $0.00 $0.00 $6,366,225.00 241 PROP C $200,000.00 $0.00 $0.00 $979,557.00 $180,000.00 $180,000.00 $180,000.00 $180,000.00 $1,699,557.00 242 GAS TAX $922,672.00 $0.00 $922,672.00 $500,000.00 $500,000.00 $500,000.00 $500,000.00 $500,000.00 $3,422,672.00 246 HIGHWAY SAFETY IMPROV PROGRAM $1,469,700.00 $97,905.98 $1,371,794.02 $1,064,323.00 $0.00 $0.00 $0.00 $0.00 $2,534,023.00 248 MEASURE W $902,250.00 $608,068.06 $294,181.94 $753,233.00 $0.00 $0.00 $0.00 $0.00 $1,502,250.00 362 CDBG $545,603.00 $0.00 $545,603.00 $445,000.00 $400,000.00 $400,000.00 $400,000.00 $400,000.00 $2,590,603.00 363 ARPA $4,530,106.00 $1,529,509.15 $3,000,596.85 $0.00 $0.00 $0.00 $0.00 $0.00 $4,530,106.00 379 MTA MONTEREY PASS BIKE GRANT $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 387 PER CAPITA 68 GRANT $215,992.00 $26,043.69 $189,948.31 $0.00 $0.00 $0.00 $0.00 $0.00 $215,992.00 401 WATER $20,476,702.00 $1,930,457.91 $16,196,611.54 $0.00 $10,230,929.55 $12,800,000.00 $8,200,000.00 $5,770,000.00 $56,307,631.55 402 WATER TREATMENT $105,541.02 $0.00 $105,541.02 $0.00 $0.00 $0.00 $0.00 $0.00 $105,541.02 403 WATER TREATMENT $6,837,000.00 $5,537,807.07 $1,299,192.93 $0.00 $0.00 $0.00 $0.00 $0.00 $6,837,000.00 409 WATER - DIF $499,832.00 $13,032.00 $486,800.00 $212,659.00 $0.00 $0.00 $0.00 $0.00 $712,491.00 411 SEWER $6,052,390.00 $2,072,614.59 $2,575,920.56 $2,815,000.00 $4,697,860.85 $1,800,000.00 $1,800,000.00 $0.00 $15,961,396.00 419 SEWER - DIF $71,177.00 $0.00 $49,190.00 $0.00 $21,987.00 $0.00 $0.00 $0.00 $71,177.00 421 REFUSE $42,761.00 $42,761.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $42,761.00 501 SHOP $274,141.00 $62,940.31 $211,200.69 $360,000.00 $0.00 $0.00 $0.00 $0.00 $634,141.00 502 TECHNOLOGY $1,388,020.66 $1,204,390.82 $183,629.84 $0.00 $0.00 $0.00 $0.00 $0.00 $1,388,020.66 601 STREET BONDS $12,713,925.00 $2,801,072.55 $9,912,852.45 $8,062,918.00 $90,000.00 $0.00 $0.00 $0.00 $20,866,843.00 621 SALES TAX BONDS $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 GRANT GRANTS $0.00 $443,150.12 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL ALL FUNDS $68,992,206.55 $17,152,599.35 $48,307,282.92 $25,972,035.65 $28,220,530.40 $18,181,610.00 $12,650,000.00 $7,070,000.00 $158,337,307.75 R7