Monterey Park City Council
August 16, 2023

CITY COUNCIL OF MONTEREY PARK

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

REDEVELOPMENT AGENCY, THE HOUSING AUTHORITY, THE MONTEREY PARK FINANCING

AUTHORITY AND THE MONTEREY PARK GEOLOGIC HAZARD ABATEMENT DISTRICT AGENDA

REGULAR CITY COUNCIL MEETING

MONTEREY PARK CITY HALL COUNCIL CHAMBERS
320 W. NEWMARK AVENUE, MONTEREY PARK, CA 91754
W
ednesday
August 16, 2023
6:30 p.m.

G

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

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

P

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

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

Council Chambers are wheelchair accessible.

CALL TO ORDER Mayor
FLAG SALUTE The Monterey Park Police Explores
ROLL CALL Henry Lo, Vinh Ngo, Jose Sanchez, Thomas Wong, Yvonne Yiu

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

LAND ACKNOWLEDGMENT
We would like to acknowledge that the land we inhabit today was once known as Tovangaar, the home of the Gabrieleño- Tongva people. We show our respect to the Gabrieleño-Tongva people, as well as all Indigenous people, past, present, and future, and honor t heir labor as original caretakers of this land. We commit to uplifting the Gabrieleño-Tongva people, invite you to acknowledge the history, and join us in caring for this land.

Monterey Park City Council Agenda, August 16, 2023 - Page 2

AGENDA ADDITIONS, DELETIONS, CHANGES AND ADOPTIONS

PUBLIC COMMUNICATIONS:

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

STAFF COMMUNICATIONS:
• Police Department
• Recreation and Community Services

[1.] PRESENTATION

1-A. RESIDENT NEEDS ASSESSMENT SURVEY RESULTS

1-B. ZONING CODE UPDATES, OUTREACH AND ENGAGEMENT – “OUR CITY, OUR PLAN”

[2.] OLD BUSINESS

2-A. FIREARMS PLEDGE AND ORDINANCE PROHIBITING FIREARMS ON CITY -OWNED

PROPERTY
It is recommended that the City Council consider:
(1) Receiving and filing this report;
(2) Adopting a Resolution declaring the City Council’s intent to support federal, state and local gun regulation including adopting various city-wide policies; approving a related voluntary Firearms Pledge for all elected officials; and authorizing the City Manager to implement the City Council’s policies;
(3) Introducing and waiving first reading of an Ordinance prohibiting the possession of firearms, with certain exceptions, on City-owned public property; and (4) Taking such additional, related, action that may be desirable.

ENVIRONMENTAL ASSESSMENT:

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

Monterey Park City Council Agenda, August 16, 2023 - Page 3

2-B. CONSIDERATION AND POSSIBLE ACTION TO INTRODUCE AN ORDINANCE ADDING SECTION 9.58.050 ENTITLED “SAFE STORAGE” TO THE MONTEREY PARK MUNICIPAL CODE
It is recommended that the City Council consider:
(1) Introduce and waive first reading of Ordinance No. _____ adding § 9.58.050 entitled “Safe Storage” to the Monterey Park Municipal Code;
(2) Taking such additional, related, action that may be desirable.

ENVIRONMENTAL ASSESSMENT:

The City reviewed the environmental impacts of this Ordinance under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq . “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq ., the “CEQA Guidelines”). This Ordinance is not subject to further review environmental review because: (1) it will not result in a direct or reasonably foreseeable indirect physical change in the environment (14 Cal. Code Regs. § 15060(c)(2); (2) there is no possibility that the Ordinance itself may have a significant effect on the environment (14 Cal. Code Regs. § 15061(b)(3) ); and (3) the Ordinance, by itself, does not constitute a “project” as defined in the CEQA Guidelines (14 Cal.

Code Regs. § 15378). The Ordinance is for general policies and procedure- making. It can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.

[3.] CONSENT CALENDAR ITEM NOS. 3A-3H

All items under the Consent Calendar are considered by the City Council to be routine and will be enacted by one motion. Specific items may be removed from the Consent Calendar at the request of any member of the City Council for separate consideration.

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

3-B. CONTINUE TO EXTEND THE EXISTENCE OF AN EMPLOYMENT EMERGENCY FOR THE

CITY OF MONTEREY PARK
It is recommended that the City Council consider:
(1) Receiving and filing this report;
(2) Continuing to extend the existence of an employment emergency for the City of Monterey Park and authorizing the City Manager to take all practical actions needed to implement the efficient recruitment and retention of persons for employment; and (3) Taking such additional, related, action that may be desirable.

3-C. CONSIDERATION AND DIRECTION REGARDING SB 1186 - MEDICINAL CANNABIS PATIENTS’ RIGHT OF ACCESS ACT
It is recommended that the City Council consider:
(1) Receiving and filing this report;
(2) Direct the City Manager and City Attorney to draft proposed regulations for medical cannabis delivery facilities in accordance with SB 1186; and (3) Taking such additional, related, action that may be desirable.

Monterey Park City Council Agenda, August 16, 2023 - Page 4

3-D. STATE HOMELAND SECURITY PROGRAM – AWARD OF CONTRACT TO NAPPI

FABRICATIONS, FOR THE PURCHASE OF A CUSTOMIZED TRAILER
It is recommended that the City Council consider:
(1) Authorizing the Interim City Manager to execute an agreement with Nappi Fabrications, in a form approved by the City Attorney, to purchase a customized trailer, for the amount of $172,640.77;
(2) Taking such additional, related, action that may be desirable.

3-E. CITY PARKS PLAYGROUND REPLACEMENT PROJECT – AWARD OF CONTRACT It is recommended that the City Council consider:
(1) Authorizing the Interim City Manager to execute a public works contract, in a form approved by the City Attorney, with R.E. Schultz Construction, Inc . in the amount of $986,149 for City Parks Replacement Project, Specification No. 2023-007; (2) Authorizing the Director of Public Works to approve change orders and contingency up to $25,000 and the Interim City Manager up to $60,000;
(3) Authorizing the appropriation of an additional $286,700 from Development Impact Fund – 231 for this project; and
(4) Taking such additional, related, action that may be desirable.

CEQA (California Environmental Quality Act):

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

3-F. SOUTHERN CALIFORNIA EDISON 5 -YEAR REVOCABLE SECONDARY LAND USE

LICENSE FOR EDISON TRAILS PARK
It is recommended that the City Council consider:
(1) Authorizing the Interim City Manager to execute a 5-year Revocable Secondary Land Use License, in a form approved by the City Attorney, with Southern California Edison (SCE) for the City’s use of Edison Trails for park and public recreation purposes in the amount of $12,805.05; and
(2) Taking such additional, related, action that may be desirable.

CEQA (California Environmental Quality Act):

The proposed project is Class 1 Categorically Exempt pursuant to the California Environmental Quality Act (CEQA) (Existing Facilities). The Lease Agreement will not result in any change in operation or use of the existing park.

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

REPAIRS OF THE MONTEREY PASS ROAD WATER LINE
It is recommended that the City Council consider:
(1) Receive and File the staff report summarizing the status of emergency repair s of the Monterey Pass Road water line; and
(2) Taking such additional, related, action that may be desirable.

Monterey Park City Council Agenda, August 16, 2023 - Page 5

3-H. CURED-IN-PLACE PIPE (CIPP) LINING AT VARIOUS LOCATIONS – AWARD OF

CONTRACT
It is recommended that the City Council consider:
(1) Authorizing the Interim City Manager to execute a public works contract, in a form approved by the City Attorney, with Southwest Pipeline Trenchless Corp., in the amount of $823,699 for the CIPP Lining at Various Locations, Specification No. 2023-005; and (2) Taking such additional, related, action that may be desirable.

CEQA (California Environmental Quality Act):

The proposed project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations § 15301 as a Class 1 categorical exemption (Existing Facilities). The project results in minor alterations to existing public facilities involving no significant expansion of the existing use.

[4.] PUBLIC HEARING

4-A. A CONTINUED PUBLIC HEARING TO CONSIDER INTRODUCT ION AND FIRST READING OF ZONING CODE AMENDMENT NO. 22-01 (“ZCA-22-01”), AN ORDINANCE ADDING THE MONTEREY PARK MUNICIPAL CODE, CHAPTER 21.19, ENTITLED “INCLUSIONARY HOUSING” TO IMPLEMENT THE MONTEREY PARK HOUSING ELEMENT 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 to introduce and waive first reading of Ordinance No. _____ adding Chapter 21.19 (“Inclusionary Housing”) to the Monterey Park Municipal Code (“MPMC”) to implement the Monterey Park Housing Element; and
(3) Taking such additional, related, action that may be desirable.

CEQA (California Environmental Quality Act):

Pursuant to the California Environmental Quality Act (Public Resources Code § 21000, et seq.; “CEQA”) and its implementing regulations (14 Cal. Code of Regs. § 15000, et seq.; the "CEQA Guidelines”), the proposed Ordinance and Resolution (ZCA 22- 01) are exempt from further CEQA review for the following reasons: (1) they will not result in a direct or reasonably foreseeable indirect physical change in the environment (CEQA Guidelines § 15060(c)(2)); (2) there is no possibility that the Ordinance may have a significant effect on the environment because any potential, future, housing projects would undergo separate environmental review (CEQA Guidelines § 15061(b)(3)); and (3) the Ordinance and Resolution, by themselves, do not constitute a “project” as defined in the CEQA Guidelines because they involve a policy action that is legislative implementing affordable housing policy and affects prospective future housing development to comply with Housing Element Program 15 ( CEQA Guidelines § 15378). The notice of exemption prepared for this project is contained in Attachment 4.

4-B. A PUBLIC HEARING TO CONSIDER ADOP TING A RESOLUTION ESTABLISHING CITY -

WIDE FEES RELATED TO THE INCLUSIONARY HOUSING ORDINANCE It is recommended that the City Council consider:
(1) Continue the public hearing to the September 6, 2023 City Council meeting; and (2) Taking such additional, related, action that may be desirable.

Monterey Park City Council Agenda, August 16, 2023 - Page 6

[5.] NEW BUSINESS – None.

[6.] CITY COMMUNICATIONS (CITY COUNCIL)

6-A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY PARK,

CALIFORNIA, DENOUNCING ANTISEMITISM
It is recommended that the City Council consider:
(1) Adopting a Resolution of the City Council of the City of Monterey Park, California, denouncing antisemitism; and
(2) Taking such additional, related, action that may be desirable.

[7.] FUTURE AGENDA ITEMS

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

ADJOURNED

City Council Staff Report
DATE: August 16, 2023
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Inez Alvarez, Interim City Manager
Karl H. Berger, City Attorney
SUBJECT: Firearms Pledge and Ordinance prohibiting firearms on City-owned property RECOMMENDATION:

It is recommended that the City Council consider:

1. Receiving and filing this report;

2. Adopting a Resolution declaring the City Council’s intent to support federal, state and local gun regulation including adopting various city-wide policies; approving a related voluntary Firearms Pledge for all elected officials; and authorizing the City Manager to implement the City Council’s policies;

3. Introducing and waiving first reading of an Ordinance prohibiting the possession of firearms, with certain exceptions, on City-owned public property; and

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

EXECUTIVE SUMMARY:

On March 1, 2023, the City Council adopted Resolution No. 2023-R15 in response to the Mass Casualty Incident (“MCI”) on January 21, 2023 that killed 11 people and critically injured nine others. On July 19, 2023, the City Council adopted Ordinance No. 2233 on an urgency basis that added a new Chapter 21.55 to the Monterey Park Municipal Code (“MPMC”) establishing a Firearm Health Protection Zone regulating firearms dealers.

During the same meeting, the City Council gave direction on several additional items that were identified in Resolution No. 2023-R15. Among other things, the City Council directed that two ordinances be drafted: one requiring that trigger locks or storage devices be used for firearms; the other prohibiting firearms on City-owned property. The former ordinance is a separate agenda item; the latter is part of this agenda item.

Additionally, the City Council gave general policy directions for a myriad of firearms related matters that are reflected in the draft resolution accompanying this staff report.

Old Business - 2A

Staff Report
August 16, 2023

BACKGROUND:

Since January, the City Council undertook a series of actions aimed at protecting public health and safety from firearms related incidents. In addition to lending the City’s support to various federal and state legislation that , if adopted, would help curb the increase in gun violence, the City Council provided direction on matters under its own authority. Most of these are reflected in the staff report from July 19, 2023 which is attached (without any exhibits) for reference.

On July 19
th, the City Council gave specific policy direction in three categories:

1. Draft an ordinance requiring all firearms in residences be securely stored in a locked container or disabled with a trigger lock;

2. Draft an ordinance prohibiting the poss ession of firearms on all City-owned property; and

3. Implement various policies as to Gun Violence Restraining Orders (“GVRO”); standard conditions of approval for firearms dealers; ensure destruction of all seized weapons; implement a gun buyback program; support new legislation regarding MCIs and weapons regulation.

As to Item No. 1, that draft Ordinance is a separate (but related) agenda item. The reason for this is the caution expressed during the July 19
th meeting as to whether such
regulations would be legally defensible after two significant court decisions in 2022.1

For Item No. 2, it is plain that the City Council may control all City-owned property. The City has the same right as private landowners to “preserve the property under its control for the use to which it is lawfully dedicated.” This is reflected in California law which states that

“the legislative body having control of any property owned or controlled by the city may at any time withdraw the property from the personal access and use of members of the public, or limit the access or use in area or time or in any other reasonable manner deemed necessary. Any person thereafter using the property without permission or in a manner other than that prescribed is a trespasser. . . .”

If adopted, the proposed Ordinance would prohibit (with exceptions for law enforcement personnel) the possession of loaded firearms on any City-owned property. That would

1 New York State Rifle & Pistol Assoc., Inc. v. Bruen (2022) __ U.S. ___, 142 S.Ct. 2111; United States v.

Alaniz (9th Cir. 2023) 69 F.4th 1124; but see, Jackson v. City and County of San Francisco (9th Cir. 2014) 746 F. 3d 953.

Staff Report
August 16, 2023

include, without limitation, persons carrying concealed weapons in accordance with valid permits.

For Item No. 3, the draft Resolution would memorialize the City Council’s various policy directions and delegation of authority regarding, without limitation, firearms related legislation; GVROs; CUPs; and weapons destruction. As noted in the draft Resolution, the City Manager would be directed to participate in the “Increasing Access to Gun Violence Restraining Orders” campaign initiated by the Los Angeles County Board of Supervisors on August 8, 2023. The information provided to the Board of Supervisors on this matter is included as attachments. Additionally, the Resolution would incorporate by reference the prohibitions in AB 733 (2023 Fong) which is currently pending before the California Legislature. Specifically, the Resolution would direct the City Manager to destroy all weapons confiscated or acquired by the City that need not be preserved for evidentiary or other law enforcement purposes.

The draft Resolution includes a voluntary pledge for all elected officials in Monterey Park to dedicate themselves in taking all reasonable actions needed to protect the public from gun violence. That Pledge incorporates the City Council’s policy expressions during the past eight months since the MCI occurred.

FISCAL IMPACT:

There are no specific fiscal impacts identified with the proposed actions. Should the the Interim City Manager exercise her contracting authority – as set forth in the draft Resolution – the City Council would be informed either as an informational item or via a budget adjustment.

Respectfully submitted by: Reviewed by:

Inez Alvarez, Interim City Manager Karl H. Berger, City Attorney

ATTACHMENTS:

A. Staff report dated July 19, 2023 (without attachments) B. August 8, 2023 materials presented to the Los Angeles Board of Supervisors C. Current text of AB 733 (2023 Fong)
D. Proposed Ordinance
E. Proposed Resolution

Staff Report
August 16, 2023

ATTACHMENT A
Staff report dated July 19, 2023
(without attachments)

City Council Staff Report
DATE: July 19, 2023
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Inez Alvarez, Interim City Manager
Karl H. Berger, City Attorney
SUBJECT: Gun Regulations
RECOMMENDATION:

It is recommended that the City Council consider:

1. Receiving and filing this report;

2. If desirable, providing direction to the Interim City Manager and City Attorney regarding “next steps”; and

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

EXECUTIVE SUMMARY:

On March 1, 2023, the City Council adopted Resolution No. 2023-R15. Section 3(B) and (C) directed the City Manager and City Attorney to make recommendations regarding various regulations that, if adopted, might reduce the likelihood of an incident similar to that of the Mass Casualty Incident (“MCI”) on January 21, 2023 that killed 11 people, critically injured nine others, and profoundly impacted the entire Monterey Park community. This Staff Report provides the City Council with an overview of the matters that may be subject to local governance. The outline of this Staff Report is reconciled with that of Resolution No. 2023-R15.

BACKGROUND:

Reacting to the MCI, the City Council took several immediate actions to mitigate the long- term effects of that shooting in the community. Among other things, the City Council adopted Resolution No. 2023-R15 that provided a framework for considering various firearms related regulations that might be adopted by the City Council. The Ordinance drafted pursuant to Section 3(A) of that Resolution is part of a separate Agenda Item. This Staff Report considers the 12 specific categories of regulations listed in Section 3(B) and the “catch-all” language of Section 3(C).

Ø Overview of local firearm regulations
Article XI, section 7 of the California Constitution grants each city the power to “make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws.” This includes the power to enact Old Business -2A

Staff Report
July 19, 2023

regulations that “meet existing conditions of modern life and thereby keep pace with the social, economic, moral and intellectual evolution of the human race.”1 Accordingly, subject to the limitation that regulations avoid conflicts with California law, the police power of a city is as broad as the police power exercised by the state Legislature itself.

As to firearms regulations, California law preempts the City’s police powers in discrete areas but allows local government to govern other substantive areas. Accordingly, the City may not regulate the following:
• Registration or licensing of firearms;
• Manufacture, sale, or possession of imitation firearms; • Banning the manufacture, distribution, transportation, importation, and sale of assault weapons;
• Restrictions on handgun possession in an individual’s home, business, or private property;
• Storing handguns in unattended vehicles; and
• Restriction of certain ammunition sales.

California law does not preempt the following:
• Regulating the display and discharge of firearms by police officers; • Restricting gun dealerships to commercial areas and requiring land use and police permits; and
• Regulating the use of firearms in county parks and recreation areas.

Moreover, California law expressly authorizes cities to approve or deny permits to sell guns.

Ø Resolution No. 2023-R15 – Consideration of various regulations Resolution No. 2023-R15 provided direction in three categories: (1) a buffer zone ordinance; (2) “other” regulations; and (3) recommendations regarding items not considered in March 2023. The buffer zone ordinance is considered in a separate agenda item.
1 Miller v. City of Los Angeles (1925) 195 Cal. 477, 485.

Staff Report
July 19, 2023

It does, however, affect the analysis regarding the “other” regulations in category two.

Specifically, the the Firearm Health Protection Zone contemplated by that Ordinance would require a Conditional Use Permit (“CUP”) for firearms dealers. Such CUPs may include standard conditions of approval that could regulate the following (the numbering corresponds with Resolution No. 2023-R15):

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

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

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

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

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

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

7. Requiring signs to be displayed with specific language warning customers about the risk associated with access to firearms at any site where firearm sales or transfers are conducted within the City. Such warning signs would need to be carefully worded
and tailored to be factual.

Other potential regulations that the City Council considered as part of Resolution No. 2023-R15 are listed here:

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

There is a historical legal precedent for such regulations. Cases addressing this issue, however, were decided before a 2022 decision by the United States Supreme Court (“SCOTUS”)2 and a Ninth Circuit Appellate Court (“9th Circuit Court”) decision last month3 which altered the method for analyzing regulations affecting the Second Amendment. It is unclear, therefore, whether these regulations would be legally defensible. 2 New York State Rifle & Pistol Assoc., Inc. v. Bruen (2022) __ U.S. ___, 142 S.Ct. 2111. 3 United States v. Alaniz (9th Cir. 2023) 69 F.4th 1124.

Staff Report
July 19, 2023

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

The requirement to mandate insurance would be a case of first impression. Under general Second Amendment principles, the requirements could be legally permissible if they are drafted to not be overly burdensome and to be reasonable tailored to achieve the government’s goal. Factors to consider may include the cost it imposes on the firearm owner, the time and administrative burden on the firearm owner, and the development of evidence and reasoning for why the law is necessary and what the overall goal is for the law. If adopted, SB 8 (attached) would impose this requirement at a state level. It is recommended that the City Council postpone any consideration of local regulations.

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

Staff is researching the feasibility of creating a local data base of voluntary firearms registration with state and federal agencies that currently manage those data bases.

There is no current system that can classify ownership of firearms based on a geographical location (such as zip code).

It is unclear whether such regulations would be defensible under either Second Amendment principles or the strict confidentiality laws in California. This would require additional study if the Council wished to consider such regulations.

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

There is precedent that could arguably support such regulations. Based upon the 2022 SCOTUS and 2023 9
th Circuit Court decisions, however, it is not recommended that the City adopt such regulations.

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

Existing law would support such regulations. If desirable, the City Council may direct drafting of an ordinance that would implement this prohibition.

13. Provide such additional, practical, recommendations for changes in federal, state, or local laws that may help prevent a future MCI but also mitigate the aftershocks of such events. Such recommendations may include, for example, changes to the Internal Revenue Code that facilitate the creation of community funds that may accept – and disburse – tax exempt monies to persons affected by MCIs.

Supporting changes in federal, state, and/or local laws could help municipalities respond more quickly to the needs of their communities with legislation that provides

Staff Report
July 19, 2023

flexibility in funding collection to provide immediate relief to persons impacted by a MCI.

In addition, the creation of legislation that provides direct resources and/or funding reimbursement to be allocated to communities impacted by a MCI to help in response efforts, such as overtime for staff responding to the MCI and aftermath events/activities; activation of resource centers opened to support various services including mental health counseling and healing opportunities for community members; and to purchase various supplies/materials needed to respond to unforeseen expenses directly related to the MCI.

Ø Weapons Confiscation
On April 5, 2023, the City Council gave direction regarding what, if anything, the City could do to further reduce the number of weapons within its jurisdiction. A copy of that Staff Report is attached (without its exhibits).

In sum, there are three means by which weapons may be confiscated by law enforcement:
o Mental Condition (Welfare and Institutions Code §§ 5150 and 8102): law enforcement is required to confiscate firearms or other deadly weapons found to be in the possession or under the control of an individual, when there is probable cause to believe that the individual represents some danger to themselves and was taken into custody for examination of their mental condition.
o Domestic Violence (Penal Code § 18250): law enforcement officers witnessing domestic violence involving a threat to human life or physical assault where the officer reasonably believes that the return of the firearm or other deadly weapon would be likely to result in endangering the victim or the person reporting the assault or threat.
o Gun Violence Restraining Order (Penal Code §§ 18100-18205): this is a civil procedure for obtaining a court order, i.e., a Gun Violence Restraining Order. This involves petitioning the court when a person believes someone is an "immediate and present danger" to themselves or others. A judge may then order a person to temporarily give up possession of firearms and ammunition (including magazines) for 21 days, subject to a 1-year extension.

Note that California Senate Bill 320 (October 2021) amends Family Code § 6322.5 to allow for law enforcement agencies to confiscate firearms of a person found to be a “prohibited person” based on certain domestic violence, family law, and other felony convictions. The current program is managed by the Los Angeles District Attorney and requires enforcement form local jurisdictions where the prohibited lives.

Staff Report
July 19, 2023

FISCAL IMPACT:

The fiscal impact will depend upon what, if anything, the City Council directs as to additional regulations.

Respectfully submitted by: Reviewed by:

Inez Alvarez, Interim City Manager Karl H. Berger, City Attorney ATTACHMENTS:

1. SB 8

2. April 5, 2023 - Staff Report without Exhibits

Staff Report
August 16, 2023

ATTACHMENT B
August 8, 2023 materials presented to the
Los Angeles Board of Supervisors

AGENDA NO.

August 08, 2023

MOTION BY SUPERVISOR JANICE HAHN
AND HILDA L. SOLIS
Moving Forward with Improving Access to Gun Violence Restraining Orders A
2016 California law, known more commonly as the “red flag law,” allows certain eligible people, including law enforcement, family members, intimate partners, housemates, employers, co-workers, and school officials, to petition a court for a Gun Violence Restraining Order (GVRO).

If granted by the court, the GVRO would mandate that the subject of the petition, who is deemed a threat to themself or others, have firearms or ammunition removed from their possession for up to five years (with options to petition to the judge to lift the order once a year). It also prohibits those subject to a GVRO from purchasing firearms or ammunition, meaning a GVRO can be filed with respect to a person who does not currently possess a gun in order to prevent them from purchasing one in the future to inflict harm on themself or others.

While this law has great potential to prevent gun violence and save lives, it is drastically underutilized in Los Angeles County, especially by members of the public. In 2022, a total of only 66 GVROs were granted countywide, and only one of those was requested by a non-law enforcement party. This is in stark contrast to San Diego County, which issued more than 400 GVROs in 2022 despite having a population nearly one third the size of Los Angeles County.

This red flag law has the potential to save lives by preventing people from using firearms to harm themselves or other people, but in order for it to be effective there needs to be widespread SOLIS

MITCHELL

HORVATH
BARGER
HAHN
MOTION

awareness and understanding of the law and how to access GVROs. That is why the Los Angeles
County Board of Supervisors (Board) passed the motion “Improving Access to Gun Violence Restraining Orders” on February 28, 2023, directing the Department of Public Health - Office of Violence Prevention (OVP) to report back with a plan to implement a culturally and linguistically relevant public awareness campaign about GVROs, options to establish a process to collect data on GVROs, and recommendations for assigning responsibility within Los Angeles County for streamlining and enhancing the GVRO process.

On July 7, OVP released the report back to the motion that described the need to spread awareness about GVROs and support access to them in LA County. The report presented a series of recommendations that would designate OVP as the lead entity in coordinating the efforts to improve access to GVROs through a public awareness campaign, data collection, training and system navigation support, and communication and coordination with law enforcement and community partners. The recommendations are divided into two categories :
actions that can be done immediately within existing resources, and actions that will require additional financial and personnel resources.

This motion directs OVP to move forward with the plan laid out in the July 7 report back and implement the recommendations that can be done within existing resources. This includes beginning the public awareness campaign by launching a website and disseminating information about GVROs; collecting, synthesizing, and publicly sharing existing data on GVROs; advocating for better access to accurate data from the courts and law enforcement; and providing training on

GVROs that support both law enforcement and public access. The motion also directs the Chief Executive
Office to collaborate with OVP, the Los Angeles County Sheriff’s Department, and County Counsel to identify funding options for the additional recommendations laid out in the report that would increase the reach of the public awareness campaign and provide dedicated individuals to support members of the public who are seeking a GVRO. The process to petition for a GVRO can be very challenging and the decision to pursue one is not to be taken lightly, so having dedicated personnel housed in OVP to help navigate that system would be very beneficial.

Gun violence is an epidemic that has taken too many lives and continues to plague too many communities. The Board has taken multiple steps to combat this epidemic from all angles, including strengthening local gun regulations, advocating for stronger federal and state regulations, investing in community-based violence prevention programs, holding gun buy-back events, and creating various risk assessment and co-response programs. Another way that the Board can fight gun violence is to spread awareness and improve access to Gun Violence Restraining Orders under California’s “red flag” law. This is a vastly underutilized tool that can help save lives, so it is time for Los Angeles County to ensure that its residents are aware of this tool and have access to it when needed.

WE, THEREFORE, MOVE that the Board of Supervisors direct the Department of Public Health - Office of Violence Prevention (OVP) to do the following:

1. Implement an initial public awareness campaign that is culturally and linguistically relevant about Gun Violence Restraining Orders (GVROs). The campaign should include:

a. Creating a dedicated webpage on the OVP website to share information, answer questions, and provide resources related to GVROs, including:
i. Elements of the California GVRO law;
ii. Who is eligible to request a GVRO under the law;
iii. How to request a GVRO and what the process looks like; iv. Average time between submission of a request and implementation of an order;
v. Other kinds of restraining orders and gun relinquishment options; vi. Warning signs of suicide or mass shooting risk; and vii. Mental health action steps and resources
b. Creating flyers with information about GVROs; and
c. Working with community and county partners to design and implement targeted outreach strategies.

2. Collect and compile existing GVRO data from the California Department of Justice (DOJ), Los Angeles Superior Courts, and Los Angeles County Sheriff’s Department (LASD) and make the data publicly available on the OVP website in an accessible, understandable format;

3. Support efforts to expand access to GVRO data by doing the following:
a. Seeking permission from the California DOJ to access de-identified data from the California Restraining and Protective Orders;

b. Collaborating with LASD to ensure that LASD staff are being provided with regular information about the correct use of the statistical code used to identify GVROs; and
c. Requesting that LASD ask the California DOJ to add a code to the Armed and Prohibited Persons System to identify a person prohibited from owning a gun because of a GVRO.

4. Collaborate with County Counsel and LASD to coordinate and provide training (i.e., San Diego City Attorney training) and assistance related to GVROs to address the needs of both law enforcement and the public;
a. This should include collaborating with LASD to designate a trained representative/liaison at each patrol station to serve as a station resource for deputies regarding GVROs; and

5. Report back in writing in 90 days with progress made on the above directives and any additional recommendations to improve awareness and access to GVROs.

WE, FURTHER, MOVE that the Board of Supervisors direct the Chief Executive Office (CEO), in collaboration with the Department of Public Health - Office of Violence Prevention (OVP), Los Angeles County Sheriff’s Department (LASD), and County Counsel, to report back during the Fiscal Year (FY) 2023-24 Supplemental Budget phase on potential funding options to support efforts to expand Gun Violence Restraining Order (GVRO) awareness and assistance as described in the proposal included in the July 7, 2023, report back “Responding to Los Angeles

County’s Board Of Supervisors Motion: Increasing Access to Gun Violence Restraining orders.” The report back should specifically consider funding for the following:

1. A robust public awareness campaign on California’s GVRO law that includes creating a variety of materials on different platforms, implementing a marketing strategy, and engaging with various diverse partners;

2. Two System Navigator positions within OVP, subject to allocation by CEO Classification and Compensation, to provide support to members of the public requesting GVROs, work with county and community partners to develop and provide trainings on GVROs, and develop outreach plans to meet specific and most impacted populations; and

3. A Senior Deputy County Counsel position, subject to allocation by CEO Classification and Compensation dedicated to support GVRO filings by LASD and serve as counsel in GVRO hearings/proceedings.
# # #
JH:kc/cc

~ Pii1iC
0 He·aiih
BARBARA FERRER, Ph.D., M.P.H., M.Ed.

Director
MUNTU DAVIS, M.D., M.P.H.

County Health Officer
MEGAN McCLAIRE, M.S.P.H.

Chief Deputy Director
313 North Figueroa Street, Room 806
Los Angeles, California 90012
TEL (213) 288-8117 • FAX (213) 975-1273
www.publlchealth.lacounly.gov
July 7th, 2023
TO:

FROM:

Each Supervisor
Barbara ~er, Ph.D., Mf.H., M.Ed.

Director ~~

BOARD OF SUPERVISORS
HIida l. Solis
First Dislrict
Holly J. Mllchell
Second Dislrict
Undsey P. Horvath
Third Dislrict
Janice Hahn
Fourth District
Kathryn Barger
Fifth District
SUBJECT: RESPONDING TO LOS ANGELES COUNTY'S BOARD OF SUPERVISORS MOTION: INCREASING ACCESS TO GUN VIOLENCE RESTRAINING
ORDERS (ITEM 11, BOARD AGENDA OF MARCH 7, 2023)
This report is in response to the Board's March 7, 2023, motion by Supervisors Hahn and Solis directing the Department of Public Health (Public Health) - Office of Violence Prevention, in collaboration with the Chief Executive Office, County Counsel, Office of the District Attorney, Los Angeles County Superior Court, Sheriff's Department, Chief Executive Office - Chief Information Office, and all other relevant departments, to report back in 90 days with the following:

1. A plan to implement a culturally and linguistically relevant public awareness campaign about Gun Violence Restraining Orders (GVROs) that will, at a minimum, inform and educate the public on California's landmark GVRO law that took effect in 2016 including what GVROs are, how to apply for one, who can apply for one, the application process, and how to access resources that can provide assistance;

2. Options to establish a process to collect data on GVROs that are submitted in Los Angeles County including, but not limited to, the number of GVROs filed annually, the number of emergency GVROs, the number of petitions that result in an order after a court hearing, the number of firearms removed as a result of the GVRO, the relationship of petitioners to the subject, zip code and demographic data for petitioners and subjects;

3. Options and recommendations for assigning responsibility within Los Angeles County for streamlining the GVRO process, collecting data, providing training to law enforcement and the public, and assisting with both public-initiated and law enforcement-initiated GVRO petitions. These options should consider models implemented in other cities and counties (like San Diego's GVRO unit), look into best practices around California, and include what resources would be required for implementation.

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July 7th, 2023

This report starts with a brief overview of California's GVRO law and current research, followed by recommendations for each of the three areas in the motion, describing work that could be done with existing resources and additional work that could be implemented with funding.

Background
California's GVRO law (Penal Code section 18100, et seq.) was initially implemented in 2016 as a response to the Isla Vista, California mass shooting that took place on May 23, 2014. As of 2023, those eligible to request a GVRO include family members, household members/roommates, some employers, colleagues, teachers/school staff, people involved in a dating relationship, people who have a child together, and law enforcement. Members of these groups can petition a court to temporarily remove guns and ammunition from, and prohibit the purchase of guns and ammunition by, an individual who poses a significant risk of harm to themselves or others.

Either law enforcement or a designated member of the public can petition the court for an initial GVRO.
1 An initial GVRO is called either an emergency (law enforcement) or temporary (public) order, and if it is granted by the court, firearms and ammunition belonging to the subject of the order can immediately be removed.

Orders of this type, which are also known as extreme risk protection orders (ERPOs) or red-flag laws, have been implemented in 19 states and the District of Columbia, and have been shown to reduce gun violence, particularly firearm suicides. Despite the proven effectiveness of GVROS, they are drastically underutilized in California and Los Angeles County, particularly by members of the public. 2 During 2022, a total of 66 orders were granted countywide; and only one was requested by a non-law enforcement party.3
Directive 1: GVRO Public Awareness Campaign
A GVRO public awareness campaign is clearly needed. To maximize the value of the campaign, however, it must be designed to avoid unintended adverse consequences, notably exposure of Black and Brown individuals to increased criminal justice scrutiny or exposure of anyone requesting an order to retaliatory violence.

Research and community feedback reveal that GVROs can pose these risks, and that concern about these risks are barriers to use of GVROs by the general public, at present. Research shows that Black and Brown communities are particularly unlikely to be willing to petition for a GVRO. 4 This is most likely due to structural and historical racism, over-policing, and distrust of police and other government systems of power, including the courts. Appendix A - Journal article on ERPOs, race/ethnicity, and equity.
1 A law enforcement GVRO is a Temporary Emergency GVRO; a GVRO filed by a member of the public is an Ex Parte GVRO.
2 Pear VA, Pallin R, Schleimer JP, et al. lnj Prev 2022;28:465-471. 3 California Department of Justice, OpenJustice data portal. Available online: https://openjustice.doj.ca.gov/data 4 Pear VA, Schleimer JP, Aubel AJ, Buggs S, Knoepke CE, Pallin R, Shev AB, Tomsich E, Wintemute GJ, Kravitz-Wirtz N. Extreme risk protection orders, race/ethnicity, and equity: Evidence from California. Prev Med. 2022 Dec;165(Pt A):107181. doi: 10.1016/j.ypmed.2022.107181. Epub 2022 Aug 6. PMID: 35940474.

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July 7th, 2023

Taking these concerns into account, and drawing on insight garnered from a review of materials from other states as well as consultation with local experts, the content that emerges as most critical for an effective public awareness campaign is:
o Elements of the California GVRO law;
o Who is eligible to request a GVRO under the law;
o How to request a GVRO; what the process looks like;
o Average time between submission of a request and implementation of an order; o Other kinds of restraining orders and gun relinquishment options; o Warning signs of suicide or mass shooting risk;
o Mental health action steps and resources.

More details about information provided by other states are available in Appendix B.

We would add to these recommendations the use of simple (non-legalistic) language and an approach that combines broad public education with targeted efforts to reach groups experiencing elevated rates of firearm suicide (for example, seniors and veterans), and locations that are commonly threatened by mass shootings, including schools and businesses. 5 Public Awareness Campaign - Existing Resources
With current resources, OVP has the capacity to create a dedicated page on the OVP website that shares GVRO information as outlined above and can work with community and county partners to design and implement targeted outreach strategies.

Public Awareness Campaign - Additional Resources
Additional resources would permit a more robust public awareness campaign. The fact that approximately two-thirds of Californians have not heard of GVROs is undoubtedly related to the fact that from 2016-2018, fewer than 4% of petitions were filed by family or household members with 96% filed by law enforcement. 6 It is important that information about what a GVRO is and how to get one is available to members of the public. The objectives for a better resourced campaign would include:
o An increase in GVRO awareness.
o Development of a system for accurate and timely documentation of GVRO petitions and orders.
o Development of a system to clarify barriers to accessing GVROs. o Increased capacity to collect and analyze GVRO data by demographics and community of residence of both gun owner and petitioner and by the nature of their relationship (e.g., family member, neighbor, co-worker, etc.). 5 Zeoli, AM et.al. Extreme risk protection orders in response to threats of multiple victim/mass shooting in six U.S. states: A descriptive study. Preventive Medicine 165(2022) 107304. 6Pear VA, Pallin R, Schleimer JP, et al. Gun violence restraining orders in California, 2016-2018: case details and respondent mortality. lnj Prev 2022;28:465-471.

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A relatively modest but effective campaign can be implemented with a budget of $750,000. The budget would cover:
o Development of a compelling story, messaging and media pitches working with survivors of gun violence, to highlight the importance of GVROs to save lives. o Funding for stipends to engage partners, including residents, in development of materials.
o Creation of materials including videos, photos, and marketing materials to help inform, educate, and engage internal and external stakeholders. o Enhancement of the OVP website, making it a hub providing reproducible materials for county and community stakeholders.

Directive 2: Collecting GVRO Data
Currently, countywide data on GVROs can be obtained from two sources. The California Department of Justice's (CA DOJ) open data portal currently includes publicly available data on GVROs granted in California, including annual numbers of orders granted in each county by the type of order (emergency, temporary, order after hearing), and the type of petitioner (law enforcement, family, coworker, employer, schools). Additionally, the Los Angeles Superior Courts can provide the annual number of GVRO requests filed in the County.

Local law enforcement agencies also collect data on GVROs handled by their officers. The Los Angeles Sheriff Department (LASO) has a statistical code to identify the number of GVROs handled by their officers and is working to ensure that all staff are aware of the codes specific to GVROs. Once the code is used consistently, LASO will be able to provide information on the total number of GVROs handled by their officers. This will include both GVROs requested by LASO deputies, and GVROs requested by members of the public that are served by LASO. LASO will be able to provide the numbers by patrol station.

Even with these data sources, there is minimal data that is available related to GVROs in Los Angeles County. OVP would like to see an expanded list of data elements available for collection and sharing that includes all indicators developed by The Consortium for Risk-Based Firearms Policy.7 The Consortium has developed a broad list of data related to GVROs that could be used to measure the effectiveness of GVROs and the impact of GVROs among different populations.

For example, additional elements include demographics of the petitioner and the respondent and the reason why the GVRO was requested. A full list of suggested data elements can be found in Appendix C.

We know, however, that GVROs are not the only type of restraining order that can be deployed to reduce firearm violence and will not be the most appropriate tool for every situation. It is important, therefore, to collect data about other protective orders that can result in relinquishment of firearms. These include orders related to domestic violence, workplace violence, school violence, civil harassment, and elder abuse. 8 OVP recommends expanding the type of data 7 Consortium for Risk-Based Firearm Policy. Extreme Risk Protection Orders: New Recommendations. October 2020.
8 Giffords Law Center. Domestic Violence and Firearms in California. Available online:
https://giffords.org/lawcenter/state-laws/domestic-violence-and-firearms-in-california/

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collected to include data on the filing of other protective orders as well as data on understanding and reducing barriers to petitioning, incorporating non-law enforcement intervention professionals into the GVRO process, and investing in the social safety net.

GVRO Data Collection-Existing Resources
While current OVP resources for use in this area are limited, OVP could support immediate implementation of important steps. Given that, we propose that:

1. OVP collect existing GVRO data from CA DOJ and the LA Superior Courts.

2. OVP seek permission from CA DOJ to access de-identified data from the California Restraining and Protective Orders (CARPOS) system, which includes information on respondent demographics and location, and about which GRVOs are served.

3. LASO be instructed to provide regular information to their staff about the correct use of the statistical code used to identify GVROs.

4. Request that LASO ask that CA DOJ add a code to the Armed and Prohibited Persons System (APPS) to identify persons prohibited from owning a gun because of a GVRO.

LASO could then provide data on how many guns are removed from individuals subject to a GVRO.

5. OVP make data from CA DOJ and the LA Superior Courts publicly available on the OVP website in an accessible, understandable format. OVP should update this information annually and add additional information as other sources of data become available.

6. OVP investigate ways to gather data on other types of protective orders both locally (LASO, LA Superior Courts) and from CA DOJ.

GVRO Data Collection-Additional Resources
As described above, only minimal countywide data related to GVROs are currently available. We recommend the following actions to improve access to data on restraining orders to ensure transparency by making de-identified data available to the public in an easily accessible format.

1. OVP should collaborate with the Los Angeles Police Department (LAPD) and the Los Angeles County Police Chief's Association to determine if other law enforcement agencies are able to share data related to GVROs that their agencies handle.

2. OVP should work with the LA Superior Courts to determine if they are able to share information beyond total numbers of GVROs filed, for example, breakdowns by court district or type of petitioner.

3. OVP should work in collaboration with partners to identify future opportunities for statewide legislation to increase the amount and type of publicly available data on GVROs.

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July 7th, 2023

Directive 3: Assigning Responsibility for Data Collection, Training, and Assistance While both law enforcement and the public can request GVROs, these two groups do not require the same types of support. Accordingly, we recommend a hybrid model of collaboration with respect to data collection, training, and assistance in order to support both law enforcement and the public in filing and obtaining GVROs and other types of restraining orders.

Data Collection, Training and Assistance with GVROs- Existing Resources

1. We recommend that OVP be responsible for compiling countywide data related to GVROs and making this information publicly available on the OVP website.

2. We recommend a hybrid model to share responsibility for training and assistance related to GVROs to address the needs of both law enforcement and the public.

3. We recommend that LASO provide regular messages to staff about the appropriate statistical code to use when handling a GVRO versus a DVRO and designate a trained representative/liaison in each patrol station to serve as a station resource for deputies regarding GVROs. In addition, we recommend the LASO Chief, who has already been assigned, continue to coordinate, and oversee GVROs throughout LASO and serve as a liaison to OVP.

4. We recommend that County Counsel serve as a liaison to schedule GVRO training provided by the San Diego City Attorney. San Diego will provide the training in Los Angeles at no cost to the County. We recommend that designated representatives from County Counsel, LASO, OVP, and other relevant agencies be invited to attend.

5. We recommend OVP continue to work with existing county departments and community partners, including Hope and Heal Foundation, Speak for Safety, Everytown for Gun Safety, and UC Davis to coordinate efforts and share existing GVRO-related resources and materials as appropriate.

6. We recommend expanding support for self-help clinics within county courthouses and increasing access to legal self-help assistance that can be accessed remotely. This will ensure that individuals in need of a GVRO are able to get the support they need in a timely fashion.

7. We recommend support for legislation changes to expand access to GVROs. With a focus on suicide prevention, legislation allowing physicians and mental health professionals to request GVROs could increase the use of this tool for clients in crisis.

Data Collection, Training and Assistance with GVROs - Additional Resources While there is much that can be done to improve access to GVROs using existing resources, non­ funded efforts will be limited in scope and not provide the type of systems change needed to advance real transformation in terms of coordination, collaboration, and access to the right tool for the right situation to prevent firearm deaths. In order to implement a robust initiative that includes targeted public awareness, robust data collection, training, and technical assistance that

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July 7th, 2023

supports both law enforcement and the public, we recommend the following additional components and budget to increase access to GVROs in Los Angeles County.

System Navigators - A Key Component to Provide Support and Build Capacity OVP recommends funding two permanent full-time positions within OVP to act as System Navigators. These positions would provide support to members of the public requesting GVROs and provide training and resources to agencies and organizations countywide. Specific activities for these positions would include the following:

Provide direct one-to-one support to members of the public who are requesting a GVRO:
o Explaining the process, including how and when the courts/law enforcement need to be involved
o Helping to fill out court paperwork and providing connections to existing legal support services
o Providing in-person non-legal support during court appearances or during necessary interactions with law enforcement
o Helping to track court dates and understanding the process to request an extension of a long term GVRO.

Work with county and community partners to develop and provide trainings to raise awareness of how GVROs can be used as a tool for suicide prevention/means reduction and for prevention of mass shootings. These trainings should be developed for groups who would be most likely to encounter individuals who might need a GVRO.

Plan regular meetings to facilitate collaboration and coordination for GVRO activities across sectors, including law enforcement, health services, public health, mental health, legal aid agencies, the education system, and others.

Build relationships with community and faith-based organizations to increase awareness and to encourage agencies to serve as trusted communicators about GVROs in communities.

Develop an outreach plan for the gun-owning population, including working with gun dealers and shooting ranges, around roles and messaging.

Dedicated Senior Deputy County Counsel
Additional resources could be provided to County Counsel so that dedicated legal services can be provided to LASO in support of GVRO filings, including serving as counsel for hearings. For example, the San Francisco City Attorney has budgeted one full-time GVRO attorney position that is currently split among five attorneys.

Training and Technical Assistance
As OVP works with county and community partners to coordinate and synchronize efforts across law enforcement agencies, city and district attorneys, judicial officers, and community-based

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July 7th, 2023

agencies to improve efficiency in implementing GVROs, training and technical assistance will be critical to create a common framework and knowledge base. trainings should be developed for groups who would be most likely to encounter individuals who might need a GVRO. This could include physicians and mental health professionals, staff of senior centers and agencies serving veterans, school districts and teachers, human resource professionals and 211 and 988 staff.

Prooosed Annual Budget - GVRO Awareness and Assistance
Personnel {includes Benefits}
System Navigators (2 HPA II items at $186,468 each) $425,000 County Counsel Senior Deputy dedicated to support GVROs $552,000 Other Ex~enses
Contract for Public Awareness Campaign $750,000
Training and Technical Assistance $100,000
Printing and Materials $50,000
Computers/iPad/Mobile Phones/Software $10,000
Mileage $5,000
TOTAL $1,892,000
Summary
In this report, we have presented recommendations for GVRO work that can be done with existing County resources. This includes developing an OVP webpage that will: 1) share critical information about GVROs and other restraining orders with the public, 2) provide information about how to obtain a GVRO, 3) make county-level GVRO data publicly available, and 4) provide links to LA Superior Courts, legal aid agencies, and other county and community resources relevant to increasing access to GVROs. OVP will also request de-identified data from CARPOS, while LASO will provide staff with regular messaging about the statistical code to use for GVROs and will also request that APPS include an indicator for GVROs. We will also offer training and technical assistance to support community-based organizations who interface with those that might need assistance with GVROs. County Counsel will schedule a training to be provided by the San Diego City Attorney, while LASO will designate an individual from each patrol station who will be trained and will then be a GVRO contact/resource for local deputies.

These efforts, using existing resources, will help to increase awareness of GVROs, improve coordination and collaboration, and enhance data collection. However, a more impactful and robust initiative to increase access to GVROs as a tool to prevent gun violence will require resources. OVP recommends that the Board allocate funding in the amount of $1,892,000 to support a public awareness campaign, two system navigators and a dedicated attorney to assist individuals and families in accessing GVROs and other restraining orders.

A GVRO in and of itself is not enough to prevent gun violence. Access to culturally appropriate and place-based healing services, safe storage education, and opportunities for community connection are all essential strategies to consider before a GVRO is even filed. If not, a GVRO can exacerbate a culture of punishment and isolation. Integrating two System Navigators within the Office of Violence Prevention will allow for the type of nuanced assessment and assistance that will result in more effective support for community members and petitioners as well as helping

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to build capacity among county systems and community-based organizations to align and better coordinate efforts.

If you have any questions or would like additional information, please let me know.

BF:da:aw
Attachments
c: Chief Executive Office
County Counsel
Office of the District Attorney
Los Angeles County Superior Court
Los Angeles Sheriffs' Department
Executive Officer, Board of Supervisors

Staff Report
August 16, 2023

ATTACHMENT C
Current text of AB 733 (2023 Fong)

AMENDED IN SENATE JULY 3, 2023
AMENDED IN SENATE JUNE 29, 2023
AMENDED IN ASSEMBLY MAY 25, 2023
AMENDED IN ASSEMBLY APRIL 26, 2023
AMENDED IN ASSEMBLY MARCH 23, 2023
california legislature—2023–24 regular session
ASSEMBLY BILL No. 733
Introduced by Assembly Member Mike Fong
(Principal coauthor: Assembly Member Hart)
(Coauthor: Senator Becker)
February 13, 2023
An act to amend Sections 16288, 16520, 29810, and 34000 of, and to add Chapter 3 (commencing with Section 29550) to Division 8 of Title 4 of Part 6 of, the Penal Code, relating to firearms. legislative counsel’s digest
AB 733, as amended, Mike Fong. Firearms: sale by government entity.

Previous law authorized a law enforcement agency to dispose of seized, surrendered, abandoned, and unclaimed firearms by sale at a public auction or by destruction. Existing law requires these firearms to be disposed of by destruction.

Existing law prohibits the sale of a firearm on any state property, as specified.

94

This bill would, except as specifically exempted, prohibit any state or local government agency or department, as specified, to sell any firearm, ammunition, or body armor.

The bill would also make other conforming changes and technical corrections.

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

V ote: majority.

Appropriation: no. Fiscal committee: yes.​
State-mandated local program: no.​
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 16288 of the Penal Code is amended to line 2 read:
line 3 16288. As used in Sections 29550 and 31360, “body armor” line 4 means any bullet-resistant material intended to provide ballistic line 5 and trauma protection for the person wearing the body armor. line 6 SEC. 2. Section 16520 of the Penal Code is amended to read:
line 7 16520. (a)  As used in this part, “firearm” means a device, line 8 designed to be used as a weapon, from which is expelled through line 9 a barrel, a projectile by the force of an explosion or other form of line 10 combustion.
line 11 (b)  As used in the following provisions, “firearm” includes the line 12 frame or receiver of the weapon, including both a completed frame line 13 or receiver, or a firearm precursor part:
line 14 (1)   Section 136.2.
line 15 (2)   Section 646.91.
line 16 (3)   Sections 16515 and 16517.
line 17 (4)   Section 16550.
line 18 (5)   Section 16730.
line 19 (6)   Section 16960.
line 20 (7)   Section 16990.
line 21 (8)   Section 17070.
line 22 (9)   Section 17310.
line 23 (10)   Sections 18100 to 18500, inclusive.
line 24 (11)   Section 23690.
line 25 (12)   Section 23900 to 23925, inclusive.
line 26 (13)   Sections 26500 to 26590, inclusive.
line 27 (14)   Sections 26600 to 27140, inclusive.
94 — 2 — AB 733

line 1 (15)   Sections 27200 to 28490, inclusive.
line 2 (16)   Sections 29010 to 29150, inclusive.
line 3 (17)   Section 29185.
line 4 (18)   Section 29550.
line 5 (19)   Sections 29610 to 29750, inclusive.
line 6 (20)   Sections 29800 to 29905, inclusive.
line 7 (21)   Sections 30150 to 30165, inclusive.
line 8 (22)   Section 31615.
line 9 (23)   Sections 31700 to 31830, inclusive.
line 10 (24)   Sections 34355 to 34370, inclusive.
line 11 (25)   Sections 527.6 to 527.9, inclusive, of the Code of Civil line 12 Procedure.
line 13 (26)   Sections 8100 to 8108, inclusive, of the Welfare and line 14 Institutions Code.
line 15 (27)   Section 15657.03 of the Welfare and Institutions Code. line 16 (c)   As used in the following provisions, “firearm” also includes line 17 a rocket, rocket propelled projectile launcher, or similar device line 18 containing an explosive or incendiary material, whether or not the line 19 device is designed for emergency or distress signaling purposes:
line 20 (1)   Section 16750.
line 21 (2)   Subdivision (b) of Section 16840.
line 22 (3)   Section 25400.
line 23 (4)   Sections 25850 to 26025, inclusive.
line 24 (5)   Subdivisions (a), (b), and (c) of Section 26030. line 25 (6)   Sections 26035 to 26055, inclusive.
line 26 (d)  As used in the following provisions, “firearm” does not line 27 include an unloaded antique firearm:
line 28 (1)   Section 16730.
line 29 (2)   Section 16550.
line 30 (3)   Section 16960.
line 31 (4)   Section 17310.
line 32 (5)   Subdivision (b) of Section 23920.
line 33 (6)   Section 25135.
line 34 (7)  Chapter 6 (commencing with Section 26350) of Division 5 line 35 of Title 4.
line 36 (8)  Chapter 7 (commencing with Section 26400) of Division 5 line 37 of Title 4.
line 38 (9)   Sections 26500 to 26588, inclusive.
line 39 (10)   Sections 26700 to 26915, inclusive.
line 40 (11)   Section 27510.
94 AB 733 — 3 —

line 1 (12)   Section 27530.
line 2 (13)   Section 27540.
line 3 (14)   Section 27545.
line 4 (15)   Sections 27555 to 27585, inclusive.
line 5 (16)   Sections 29010 to 29150, inclusive.
line 6 (17)   Section 29180.
line 7 (e)   As used in Sections 34005 and 34010, “firearm” does not line 8 include a destructive device.
line 9 (f)  As used in Sections 17280 and 24680, “firearm” has the line 10 same meaning as in Section 922 of Title 18 of the United States line 11 Code.
line 12 (g)   As used in Sections 29180 to 29184, inclusive, “firearm” line 13 includes the completed frame or receiver of a weapon. line 14 SEC. 3. Chapter 3 (commencing with Section 29550) is added line 15 to Division 8 of Title 4 of Part 6 of the Penal Code, to read:
line 16
line 17 Chapter 3. Sale of Firearms by Governmental Entities line 18
line 19 29550. (a)  No agency or department of the state or any political line 20 subdivision thereof shall sell any firearm, ammunition, or body line 21 armor.
line 22 (b)   Subdivision (a) does not apply to either of the following:
line 23 (1)   The sale of a firearm made pursuant to subdivision (b) or line 24 (d) of Section 10334 of the Public Contract Code, or comparable line 25 sale of a firearm by a local agency under the same circumstances. line 26 (2)  The sale of a firearm relinquished to an agency by a line 27 prohibited person made to a third party on behalf of the owner of line 28 the firearm.
line 29 (3)   The sale of any firearm, body armor, or ammunition, to a line 30 law enforcement agency, or to a licensed firearm dealer who line 31 contractually agrees to resell the firearm firearm, body armor, or line 32 ammunition only to a law enforcement agency. However, any line 33 firearm .50 caliber or greater, excluding a shotgun, shall be subject line 34 to the provisions of Chapter 12.8 (commencing with Section 7070) line 35 of Division 7 of Title 1 of the Government Code. line 36 (4)  The sale of a curio or relic to a bona fide public or private line 37 nonprofit historical society, museum, or institutional collection, line 38 provided that the item will solely be used for educational, display, line 39 or preservation purposes.
94 — 4 — AB 733

line 1 (5)  The sale of a firearm or body armor by the public line 2 administrator, public guardian, or public conservator in the line 3 performance of their duties as personal representative of a line 4 decedent’s estate, or in the performance of the duties of a line 5 conservator or guardian over a person or their estate, in order to line 6 fulfill their obligations under state law.
line 7 (c)   This section does not prohibit the return of any previously line 8 purchased firearm, body armor, or ammunition to the original seller line 9 pursuant to any warranty, return policy, or other contract term, for line 10 a refund of the original purchase price.
line 11 SEC. 4. Section 29810 of the Penal Code is amended to read:
line 12 29810. (a)  (1)  Upon conviction of any offense that renders a line 13 person subject to Section 29800 or Section 29805, the person shall line 14 relinquish all firearms they own, possess, or have custody or control line 15 of, in the manner provided in this section.
line 16 (2)  The court shall, upon conviction of a defendant for an offense line 17 described in subdivision (a), instruct the defendant that they are line 18 prohibited from owning, purchasing, receiving, possessing, or line 19 having custody or control of, any firearms, ammunition, and line 20 ammunition feeding devices, including but not limited to line 21 magazines, and shall order the defendant to relinquish all firearms line 22 in the manner provided in this section. The court shall also provide line 23 the defendant with a Prohibited Persons Relinquishment Form line 24 developed by the Department of Justice.
line 25 (3)  Using the Prohibited Persons Relinquishment Form, the line 26 defendant shall name a designee and grant the designee power of line 27 attorney for the purpose of transferring or disposing of any line 28 firearms. The designee shall be either a local law enforcement line 29 agency or a consenting third party who is not prohibited from line 30 possessing firearms under state or federal law. The designee shall, line 31 within the time periods specified in subdivisions (d) and (e), line 32 surrender the firearms to the control of a local law enforcement line 33 agency, sell the firearms to a licensed firearms dealer, or transfer line 34 the firearms for storage to a firearms dealer pursuant to Section line 35 29830.
line 36 (b)  The Prohibited Persons Relinquishment Form shall do all line 37 of the following:
line 38 (1)   Inform the defendant that they are prohibited from owning, line 39 purchasing, receiving, possessing, or having custody or control line 40 of, any firearms, ammunition, and ammunition feeding devices, 94 AB 733 — 5 —

line 1 including but not limited to magazines, and that they shall line 2 relinquish all firearms through a designee within the time periods line 3 set forth in subdivision (d) or (e) by surrendering the firearms to line 4 the control of a local law enforcement agency, selling the firearms line 5 to a licensed firearms dealer, or transferring the firearms for storage line 6 to a firearms dealer pursuant to Section 29830.
line 7 (2)   Inform the defendant that any cohabitant of the defendant line 8 who owns firearms must store those firearms in accordance with line 9 Section 25135.
line 10 (3)  Require the defendant to declare any firearms that they line 11 owned, possessed, or had custody or control of, at the time of line 12 conviction, and require the defendant to describe the firearms and line 13 provide all reasonably available information about the location of line 14 the firearms to enable a designee or law enforcement officials to line 15 locate the firearms.
line 16 (4)   Require the defendant to name a designee, if the defendant line 17 declares that they owned, possessed, or had custody or control of, line 18 any firearms at the time of conviction, and grant the designee line 19 power of attorney for the purpose of transferring or disposing of line 20 all firearms.
line 21 (5)   Require the designee to indicate consent to the designation line 22 and, except a designee that is a law enforcement agency, to declare line 23 under penalty of perjury that they are not prohibited from line 24 possessing any firearms under state or federal law. line 25 (6)  Require the designee to state the date each firearm was line 26 relinquished and the name of the party to whom it was relinquished, line 27 and to attach receipts from the law enforcement officer or licensed line 28 firearms dealer who took possession of the relinquished firearms. line 29 (7)  Inform the defendant and the designee of the obligation to line 30 submit the completed Prohibited Persons Relinquishment Form line 31 to the assigned probation officer within the time periods specified line 32 in subdivisions (d) and (e).
line 33 (c)   (1)  When a defendant is convicted of an offense described line 34 in subdivision (a), the court shall immediately assign the matter line 35 to a probation officer to investigate whether the Automated line 36 Firearms System or other credible information, such as a police line 37 report, reveals that the defendant owns, possesses, or has custody line 38 or control of, any firearms. The assigned probation officer shall line 39 receive the Prohibited Persons Relinquishment Form from the line 40 defendant or the defendant’s designee, as applicable, and ensure 94 — 6 — AB 733

line 1 that the Automated Firearms System has been properly updated line 2 to indicate that the defendant has relinquished those firearms. line 3 (2)   Prior to final disposition or sentencing in the case, the line 4 assigned probation officer shall report to the court whether the line 5 defendant has properly complied with the requirements of this line 6 section by relinquishing all firearms identified by the probation line 7 officer’s investigation or declared by the defendant on the line 8 Prohibited Persons Relinquishment Form, and by timely submitting line 9 a completed Prohibited Persons Relinquishment Form. The line 10 probation officer shall also report to the Department of Justice on line 11 a form to be developed by the department whether the Automated line 12 Firearms System has been updated to indicate which firearms have line 13 been relinquished by the defendant.
line 14 (3)  Prior to final disposition or sentencing in the case, the court line 15 shall make findings concerning whether the probation officer’s line 16 report indicates that the defendant has relinquished all firearms as line 17 required, and whether the court has received a completed Prohibited line 18 Persons Relinquishment Form, along with the receipts described line 19 in paragraph (1) of subdivision (d) or paragraph (1) of subdivision line 20 (e). The court shall ensure that these findings are included in the line 21 abstract of judgment. If necessary to avoid a delay in sentencing, line 22 the court may make and enter these findings within 14 days of line 23 sentencing.
line 24 (4)  If the court finds probable cause that the defendant has failed line 25 to relinquish any firearms as required, the court shall order the line 26 search for and removal of any firearms at any location where the line 27 judge has probable cause to believe the defendant’s firearms are line 28 located. The court shall state with specificity the reasons for and line 29 scope of the search and seizure authorized by the order. line 30 (5)  Failure by a defendant to timely file the completed Prohibited line 31 Persons Relinquishment Form with the assigned probation officer line 32 shall constitute an infraction punishable by a fine not exceeding line 33 one hundred dollars ($100).
line 34 (d)  The following procedures shall apply to any defendant who line 35 is a prohibited person within the meaning of paragraph (1) of line 36 subdivision (a) who does not remain in custody at any time within line 37 the five-day period following conviction:
line 38 (1)   The designee shall dispose of any firearms the defendant line 39 owns, possesses, or has custody or control of, within five days of line 40 the conviction by surrendering the firearms to the control of a local 94 AB 733 — 7 —

line 1 law enforcement agency, selling the firearms to a licensed firearms line 2 dealer, or transferring the firearms for storage to a firearms dealer line 3 pursuant to Section 29830, in accordance with the wishes of the line 4 defendant. Any proceeds from the sale of the firearms shall become line 5 the property of the defendant. The law enforcement officer or line 6 licensed dealer taking possession of any firearms pursuant to this line 7 subdivision shall issue a receipt to the designee describing the line 8 firearms and listing any serial number or other identification on line 9 the firearms at the time of surrender.
line 10 (2)   If the defendant owns, possesses, or has custody or control line 11 of, any firearms to relinquish, the defendant’s designee shall submit line 12 the completed Prohibited Persons Relinquishment Form to the line 13 assigned probation officer within five days following the line 14 conviction, along with the receipts described in paragraph (1) of line 15 subdivision (d) showing the defendant’s firearms were surrendered line 16 to a local law enforcement agency or sold or transferred to a line 17 licensed firearms dealer.
line 18 (3)   If the defendant does not own, possess, or have custody or line 19 control of, any firearms to relinquish, the defendant shall, within line 20 five days following conviction, submit the completed Prohibited line 21 Persons Relinquishment Form to the assigned probation officer, line 22 with a statement affirming that they have no firearms to be line 23 relinquished.
line 24 (e)  The following procedures shall apply to any defendant who line 25 is a prohibited person within the meaning of paragraph (1) of line 26 subdivision (a) who is in custody at any point within the five-day line 27 period following conviction:
line 28 (1)   The designee shall dispose of any firearms the defendant line 29 owns, possesses, or has custody or control of, within 14 days of line 30 the conviction by surrendering the firearms to the control of a local line 31 law enforcement agency, selling the firearms to a licensed firearms line 32 dealer, or transferring the firearms for storage to a firearms dealer line 33 pursuant to Section 29830, in accordance with the wishes of the line 34 defendant. Any proceeds from the sale of the firearms shall become line 35 the property of the defendant. The law enforcement officer or line 36 licensed dealer taking possession of any firearms pursuant to this line 37 subdivision shall issue a receipt to the designee describing the line 38 firearms and listing any serial number or other identification on line 39 the firearms at the time of surrender.
94 — 8 — AB 733

line 1 (2)   If the defendant owns, possesses, or has custody or control line 2 of, any firearms to relinquish, the defendant’s designee shall submit line 3 the completed Prohibited Persons Relinquishment Form to the line 4 assigned probation officer, within 14 days following conviction, line 5 along with the receipts described in paragraph (1) of subdivision line 6 (e) showing the defendant’s firearms were surrendered to a local line 7 law enforcement agency or sold or transferred to a licensed firearms line 8 dealer.
line 9 (3)   If the defendant does not own, possess, or have custody or line 10 control of, any firearms to relinquish, the defendant shall, within line 11 14 days following conviction, submit the completed Prohibited line 12 Persons Relinquishment Form to the assigned probation officer, line 13 with a statement affirming that they have no firearms to be line 14 relinquished.
line 15 (4)   If the defendant is released from custody during the 14 days line 16 following conviction and a designee has not yet taken temporary line 17 possession of each firearm to be relinquished as described above, line 18 the defendant shall, within five days following release, relinquish line 19 each firearm required to be relinquished pursuant to paragraph (1) line 20 of subdivision (d).
line 21 (f)   For good cause, the court may shorten or enlarge the time line 22 periods specified in subdivisions (d) and (e), enlarge the time line 23 period specified in paragraph (3) of subdivision (c), or allow an line 24 alternative method of relinquishment.
line 25 (g)   The defendant shall not be subject to prosecution for line 26 unlawful possession of any firearms declared on the Prohibited line 27 Persons Relinquishment Form if the firearms are relinquished as line 28 required.
line 29 (h)   Any firearms that would otherwise be subject to line 30 relinquishment by a defendant under this section, but which are line 31 lawfully owned by a cohabitant of the defendant, shall be exempt line 32 from relinquishment, provided the defendant is notified that the line 33 cohabitant must store the firearm in accordance with Section 25135. line 34 (i)   A law enforcement agency shall update the Automated line 35 Firearms System to reflect any firearms that were relinquished to line 36 the agency pursuant to this section. A law enforcement agency line 37 shall retain a firearm that was relinquished to the agency pursuant line 38 to this section for 30 days after the date the firearm was line 39 relinquished. After the 30-day period has expired, the firearm is line 40 subject to destruction, retention, or other transfer by the agency, 94 AB 733 — 9 —

line 1 except upon the certificate of a judge of a court of record, or of line 2 the district attorney of the county, that the retention of the firearm line 3 is necessary or proper to the ends of justice, or if the defendant line 4 provides written notice of an intent to appeal a conviction for an line 5 offense described in subdivision (a), or if the Automated Firearms line 6 System indicates that the firearm was reported lost or stolen by line 7 the lawful owner. If the firearm was reported lost or stolen, the line 8 firearm shall be restored to the lawful owner, as soon as its use as line 9 evidence has been served, upon the lawful owner’s identification line 10 of the weapon and proof of ownership, and after the law line 11 enforcement agency has complied with Chapter 2 (commencing line 12 with Section 33850) of Division 11 of Title 4. The agency shall line 13 notify the Department of Justice of the disposition of relinquished line 14 firearms pursuant to Section 34010.
line 15 (j)   A city, county, or city and county, or a state agency may line 16 adopt a regulation, ordinance, or resolution imposing a charge line 17 equal to its administrative costs relating to the seizure, impounding, line 18 storage, or release of a firearm pursuant to Section 33880. line 19 (k)   This section shall become operative on January 1, 2018. line 20 SEC. 5. Section 34000 of the Penal Code is amended to read:
line 21 34000. (a)  Notwithstanding any provision of law or of any line 22 local ordinance to the contrary, when any firearm is in the line 23 possession of any officer of the state, or of a county, city, or city line 24 and county, or of any campus of the University of California or line 25 the California State University, and the firearm is an exhibit filed line 26 in any criminal action or proceeding which is no longer needed or line 27 is unclaimed or abandoned property, which has been in the line 28 possession of the officer for at least 180 days, the firearm shall be line 29 destroyed, as provided for in Section 18005.
line 30 (b)  This section does not apply to any firearm in the possession line 31 of the Department of Fish and Game, or which was used in the line 32 violation of any provision in the Fish and Game Code, or any line 33 regulation under that code.
line 34 SEC. 6. The Legislature finds and declares that the disposal of line 35 firearms by government entities is a matter of statewide concern line 36 and is not a municipal affair as that term is used in Section 5 of line 37 Article XI of the California Constitution. Therefore, Section 3 of 94 — 10 — AB 733

line 1 this act adding Section 29550 to the Penal Code applies to all cities, line 2 including charter cities.

O
94 AB 733 — 11 —

Staff Report
August 16, 2023

ATTACHMENT D
Proposed Ordinance

ORDINANCE NO.

AN ORDINANCE ADDING A NEW CHAPTER 13.18 TO THE MONTEREY

PARK MUNICIPAL CODE PROHIBITING THE PRESENCE OF
FIREARMS ON CITY-OWNED PROPERTY.

The City Council of the City of Monterey Park does ordain as follows:

SECTION 1: Findings. The City Council finds and declares that:

A. Article XI, section 7 of the California Constitution grants Monterey Park the power to “make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws.”

B. This includes the power to enact regulations that “meet existing conditions of modern life and thereby keep pace with the social, economic, moral and intellectual evolution of the human race.” Miller v. City of Los Angeles (1925) 195 Cal. 477.

C. California law preempts the City’s police powers in discrete areas but allows local government to govern other substantive areas. Fiscal v City & County of San Francisco (2008) 158 Cal.App. 4th 895.

D. The City’s right to control its own property – in the same way as private property owners – is well-established. See, e.g., District of Columbia v.

Heller (2008) 554 U.S. 570; Cornelius v. NAACP Legal Defense and Education Fund (1985) 473 U.S. 788 ( quoting Greer v. Spock (1976) 424 U.S. 828); Clark v. Burleigh (1992) 4 Cal.4
th 474; Calguns Found., Inc. v.

County of San Mateo (2013) 218 Cal.App. 4th 661; Government Code § 37359; Penal Code § 171b(a)(1).

E. City-owned property is intended to be used only for general governmental functions and service to the public. Except for law enforcement purposes, the presence of firearms on City-owned property serves neither a governmental function nor is it in the public interest. While the City Council recognizes the constitutional protections for individuals to possess weapons, such rights are not unlimited and do not supersede the City’s ability to control its own property.

F. The City reviewed this Ordinance pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et seq., the “CEQA Guidelines”). CEQA and the CEQA Guidelines are collectively referred to as “CEQA Regulations.”

Ordinance No.

SECTION 2: A new Chapter 13.18 entitled “Firearms Prohibited on Public Property” is added to the MPMC to read as follows:

“Chapter 13.18

Firearms Prohibited on Public Property

13.18.010. Purpose.

This chapter is adopted pursuant to Article XI, section 7 of the California Constitution for the purpose of prohibiting the possession of firearms on all City-owned property within the City of Monterey Park. The regulations set forth in this chapter are specifically intended to strike a reasonable balance between an individual’s Constitutional rights and the City’s obligations to protect public health and safety.

13.18.020. Definitions.

Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this chapter:

A. “Firearm” has the same meaning as Penal Code § 16520, as may be amended.

B. “Locked Container” means a locked container as defined in Penal Code § 16850, as may be amended, and is listed on the California Department of Justice Bureau of Firearms roster of approved firearm safety devices.

C. “Public Property” means all real property and facilities owned by the city in fee simple; all public ways as defined by Streets and Highways Code § 18609; all public service easements as defined in Streets and Highways Code § 8306; and all real property in which the City has a possessory interest. Public Property includes, without limitation, City Hall; the Bruggemeyer Library; the Corporation Yard; all parks and recreation facilities; all parking facilities; and all fire stations.

D. “Unloaded’ means that there is no ammunition in either the chamber or magazine of the firearm.

13.18.030. Prohibitions.

It is unlawful for any person to possess any firearm on public property. This prohibition includes, without limitation, persons who possess a concealed weapons permit issued in accordance with California law.

Ordinance No.

13.18.040. Exceptions. The prohibition in this chapter does not apply:

A. Where the United States or California Constitutions allow possession of a firearm.

B. To law enforcement officers authorized to carry a firearm.

C. Persons issued a concealed weapons permit by the Monterey Park Police Chief in accordance with California law.

D. Transportation of unloaded firearms in a locked container.”

SECTION 3: Environmental Assessment. This Ordinance was reviewed pursuant to CEQA. Adopting this Ordinance is exempt from further environmental review because it establishes rules and procedures for operation of existing facilities; minor temporary use of land; minor alterations in land use; new construction of small structures; and minor structures accessory to existing commercial f acilities. The Ordinance, therefore, is categorically exempt from further CEQA review under CEQA Guidelines §§ 15301; 15303, 15304(e); 15305; and 15311. Further, the adopting the ordinance is also exempt from review under CEQA pursuant to CEQA Guidelines § 15061(b)(3) because the ordinance is for general policies and procedure-making. It can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.

Individual projects utilizing these regulations will each be separately subject to an environmental assessment. Finally, this Ordinance is exempt from further review pursuant to CEQA Guidelines § 15269(a) because the protection of public and private property is necessary to maintain service essential to the public, health and welfare.

SECTION 4: Construction. This Ordinance must be broadly construed to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.

SECTION 5: Enforceability. Repeal of any provision of the MPMC does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties f or any violation occurring before this Ordinance ’s effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.

SECTION 6: Reliance on Record . Each and every one of the findings and determinations in this Ordinance are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project. The findings and determinations constitute the indep endent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole.

Ordinance No.

SECTION 7: Limitations. The City Council’s analysis and evaluation of the project is based on the best inf ormation currently available. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the City Council’s lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are limitations on the City’s ability to solve what are in effect regional, state, and National problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework.

SECTION 8: Summaries of Information. All summaries of information in the findings, which precede this section, are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.

SECTION 9: Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable.

SECTION 10: Recording. The City Clerk, or her duly appointed deputy, is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Monterey Park’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within 15 days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.

SECTION 11: Electronic Signatures. This Ordinance 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 12: Execution. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Ordinance signifying its adoption by the City Council of the City of Monterey Park, and the City Clerk, or duly appointed deputy, is directed to attest thereto.

Ordinance No.

SECTION 13: Effective Date. This Ordinance becomes effective on the 30th day following its passage and adoption.

PASSED AND ADOPTED this ____ day of _________, 2023.

____________________________
Jose Sanchez, Mayor

ATTEST:

________________________________
Maychelle Yee, City Clerk

APPROVED AS TO FORM:

________________________________
Karl H. Berger, City Attorney

Staff Report
August 16, 2023

ATTACHMENT E
Proposed Resolution

T1
RESOLUTION NO. __

A RESOLUTION DECLARING THE CITY COUNCIL’S COMMITMENT TO LEND THE CITY’S SUPPORT TO ALL REASONABLE FEDERAL, STATE AND

LOCAL LEGISLATION THAT IS INTENDED TO PROTECT PUBLIC HEALTH AND SAFETY WHILE MAINTAINING AN INDIVIDUAL’S CONSTITUTIONAL RIGHTS AS TO OWNING FIREARMS; APPROVING A PLEDGE FOR ALL ELECTED OFFICIALS REFLECT S THIS INTENT; APPROVING STANDARD CONDITIONS OF APPROVAL FOR CERTAIN CONDITIONAL USE PERMITS;

AND AU THORIZING THE CITY MANAGER TO IMPLEMENT THIS
RESOLUTION.

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

SECTION 1: Pledge. The City Council encourages all Monterey Park elected officials to sign the Firearms Pledge (the “Pledge”) attached as Exhibit “A,” and incorporated by reference. Executing the Pledge declares the intent of an elected official to engage in collective action and demonstrates an unwavering commitment to public safety, while forging a path toward reduced gun violence and increased peace of mind for all citizens.

SECTION 2: Legislative Change; Education. As part of the Pledge and this Resolution, the City Council declares its intent to lend the City’s support to all reasonable federal, state and local legislation that is intended to preserve public health and safety, while maintaining an individual’s Constitutional protections. As part of the City Council’s intent, the City Manager is directed to help educate the public regarding firearms safety and usage.

SECTION 3: Authorizations. The City Manager is authorized to promulgate administrative policies and procedures (“AP&P”) to implement the Pledge in accordance with this Resolution.

SECTION 4: Standard Conditions of Approval. Pursuant to MPMC §

21.55.050, standard conditions of approval are set forth below and must be included in all conditional use permits issued for firearms dealers (“Standard Conditions”):

A. The permittee must implement safety measures approved by the Police Chief, or designee, that restrict minors’ presence in gun and ammunition stores. Signage approved by the Police Chief, or designee must be posted at entrances to stores.

B. The permittee must maintain annual sales reports for all firearms sold at the establishment and make them available to law enforcement officers upon request during regular business hours.

C. The permittee must maintain a fingerprint log of persons purchasing

Resolution

August 16, 2023

firearms and make it available to law enforcement officers upon request during regular business hours.

D. The permittee must maintain and report inventory in real-time and make it available to law enforcement officers upon request during regular business hours.

E. The permittee must install and maintain security cameras and make video available to law enforcement officers immediately upon request during regular business hours.

F. The permittee must provide firearms purchasers with
documentation in a form approved by the Police Chief, or designee, regarding firearm owner responsibilities and firearms laws.

G. The permittee must submit a sign plan to be approved by the Police Chief, or designee, that warns customers about risks associated with access to firearms at any site where firearm sales or transfers are conducted within the City.

SECTION 5: Gun Violence Restraining Orders. The City Manager is directed to lend the City’s resources, including exercising the authority delegated in this Resolution, to participate in the “Increasing Access to Gun Violence Restraining Orders” campaign initiated by the Los Angeles County Board of Supervisors on August 8, 2023. To the extent feasible, the LA County campaign should be replicated within the City’s jurisdiction.

SECTION 6: Prohibitions on Sale of Firearms. The proposed prohibitions on selling any firearm, ammunition, or body armor in AB 733 (2023 Fong) are adopted by reference (see, draft Penal Code § 29550) as prohibitions within the City of Monterey Park. Any firearms acquired by the City must be destroyed in accordance with the City’s surplus property regulations (see, Resolution No. 11791, adopted October 7, 2015, Sections 2(D) and 3(A)).

SECTION 7: Contracting Authority. To implement the Pledge, the City Manager is authorized to solicit bids, award contracts, and execute on-call contracts for amounts in accordance with the MPMC for the following services needed to implement the Program:

A. Professional service agreements for lobbyists at the federal and state levels of government;

B. Professional service agreements for disposal services and buy- pack programs intended to reduce the number of firearms within the City’s jurisdiction; and

Resolution

August 16, 2023

C. Such additional professional or general services that may be required to implement this Resolution and in accordance with the Pledge.

SECTION 8: Environmental Review. This resolution is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA regulations (14 California Code of Regulations (“CCR”) §§ 15000, et seq.) because it establishes rules and procedures to clarify existing policies and practices related to government organization; does not involve any commitment to a specific project which could result in a potentially significant physical impact on the environment; and constitutes an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. Accordingly, this Resolution does not constitute a “project” that requires environmental review (see specifically 14 CCR § 15378(b)(4-5)).

SECTION 9: Conflicts. In the event of a conflict between the provisions of this Resolution and the provisions the MPMC, any other resolution, or any resolution, the provisions of this Resolution govern. The City Manager is authorized to resolve any ambiguities. Any such determination must be forwarded to the City Council as an informational item when practicable.

SECTION 10: 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 11: Construction. This Resolution must be broadly construed in order to achieve the purposes stated in this Resolution. It is the City Council’s intent that the provisions of this Resolution be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Resolution.

SECTION 21: 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 22: Effective Date . This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.

Resolution

August 16, 2023
PASSED AND ADOPTED this __ day of August 2023.
________________________
Jose Sanchez, Mayor
ATTEST:
______________________________
Maychelle Yee, City Clerk

APPROVED AS TO FORM
______________________________
Karl H. Berger, City Attorney

Resolution

August 16, 2023

FIREARMS PLEDGE
As an elected official for the City of Monterey Park, I make a solemn pledge to take all legal actions within my authority to help reduce the incidents of gun violence.

In making this Pledge, I acknowledge the importance of preserving the Constitutional rights of responsible citizens to own firearms in harmony with my obligation to promote public safety.

I Pledge to seek federal and state solutions for helping prevent criminals, domestic abusers, and persons experiencing mental health or substance abuse crises from accessing firearms. Such measures should be implemented to reduce gun violence within our community.

I vow to promote responsible gun ownership and safe stor age practices. Toward that end, I advocate for mandatory gun safety education for all prospective gun owners to ensure they are trained in the safe handling, storage, and usage of firearms. In this way, I hope to minimize accidental shootings and improper access to firearms.

With this Pledge, and my actions to implement it, I hope to create a more secure and harmonious community where Constitutional rights are preserved in balance with reasonable actions needed to protect the safety and welfare of every individual.
_________________________
Signature
_________________________
Name, Title
_________________________
Date
City of Monterey Park
Pride in the Past • Faith in the Future
Exhibit "A"

City Council Staff Report
DATE: August 16, 2023
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Justin A. Tamayo, Deputy City Attorney
SUBJECT: Consideration and possible action to introduce an Ordinance adding Section 9.58.050 entitled “Safe Storage” to the Monterey Park Municipal Code
RECOMMENDATION:

It is recommended that the City Council consider:

1. Introduce and waive first reading of Ordinance No. _____ adding § 9.58.050 entitled “Safe Storage” to the Monterey Park Municipal Code;

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

EXECUTIVE SUMMARY:

This Ordinance was drafted in accordance with Section 3(B)(8) of City Council Resolution No. 2023-R15, adopted March 1, 2023. That Section directed the City Manager and City Attorney to proposed amendments to the Monterey Park Municipal Code (“MPMC”) that, to the extent legally feasible, require all firearms in a residence be securely stored in a locked container or disabled with a trigger lock. If adopted, this Ordinance would add a new section to the MPMC requiring that firearms maintained in a residence be locked in a container or disabled with a trigger lock.

TYPE OF ACTION (LEGISLATIVE; QUASI-JUDICIAL; OR ADVISORY) Legislative: The recommended action involves a zoning code text amendment creating a Health Protection Zone. In considering such actions, the City Council acts in its discretionary legislative capacity (formulating rules that apply to all future uses).

ENVIRONMENTAL ASSESSMENT:

The City reviewed the environmental impacts of this Ordinance under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq., the “CEQA Guidelines”). This Ordinance is not subject to further review environmental review because: (1) it will not result in a direct or reasonably foreseeable indirect physical change in the environment (14 Cal. Code Regs. § 15060(c)(2); (2) there is no possibility that the Ordinance itself may have a significant effect on the environment (14 Cal. Code Regs. § 15061(b)(3)); and (3) the Ordinance, by itself, does not constitute a “project” as defined in the CEQA Guidelines (14 Cal. Code Regs. § 15378). The Old Business - 2B

Staff Report
August 16, 2023
P
age 2
Ordinance is for general policies and procedure-making. It can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.

BACKGROUND:

California law
makes it a crime for a gun owner to store a loaded firearm in a home, or within an area of the owner's control, and do so when the owner knows, or should know, that a child could access it without a parent's permission.1 This means if an owner knows that a child can access a stored gun, the owner should: (1) make certain that it is unloaded, and (2) store it in a place outside of the child's access (like a locked container with a combination lock or a key lock). A violation of the above law is a misdemeanor offense. The crime is punishable by up to one year in county jail. This punishment will increase if a child accesses the weapon and causes harm, great bodily injury, or death.2 California law also makes it a criminal offense for a firearm owner to: (1) store a loaded gun in a home, or within an area of the owner's control, and do so when the owner knows, or should know, that a person prohibited from possessing a firearm under state law or federal law could access it.3 This means if an owner knows that an adult who cannot possess a firearm can get to the stored weapon, the owner should: (1) make certain that it is unloaded, and (2) store it in a place outside of the adult's access (like in a locked container). A violation of the above law is charged as a misdemeanor. The crime is punishable by up to one year in county jail. This punishment increases if an adult accesses the weapon and causes harm, great bodily injury, or death.4 In such cases, the crime can be charged as a felony and lead to custody in state prison for up to three years. Several California jurisdictions have adopted "safe gun storage" ordinances to bolster firearm safety in the home.

The City Council reacted to the Mass Casualty Incident (“MCI”) on January 21, 2023 by taking a number of actions intended to both mitigate the impact of the MCI in the community and reduce the likelihood of future incidents. Among other things, the City Council adopted Resolution No. 2023-R15 (Attachment 2) directing the City Manager and City Attorney to make reco mmendations regarding a number of gun-related matters.

The proposed Ordinance is one of several of items considered by the City Council on July 19, 2023. At that time, the City Council directed that this Ordinance be drafted for consideration. If adopted, the Ordinance would add a new section 9.58.050 to the MPMC entitled “Safe Storage.” The proposed ordinance requires any person in a residence in within the City to store firearms in a locked container or disable them with an appropriate safety device in the home. Keeping a firearm locked when it is not be ing 1 Penal Code § 25100.
2 Id.
3 Id.
4 Id.

Staff Report
August 16, 2023

carried prevents unauthorized users, including children, from accessing and using firearms which can reduce unintentional discharges, firearm theft, and suicide.

The requirements of this ordinance do not apply when a firearm is legally carried on the person, or otherwise in his or her immediate possession and control, nor when the firearm is in the immediate possession and control of a peace officer. The ordinance as proposed does not create a substantial to burden to persons lawfully carrying and storing firearms in the home, but it requires safe firearm storage in an effort to decrease the risk of harm to children and the entire community.

FISCAL IMPACT:

None.

Respectfully submitted by:

Justin A. Tamayo
Deputy City Attorney
Reviewed by:

Karl H. Berger,
City Attorney
ATTACHMENTS:

1. Ordinance No. _______ adding § 9.58.050 to the Monterey Park Municipal Code.;

Staff Report
August 16, 2023
ATTACHMENT 1
Ordinance

ORDINANCE NO.

AN ORDINANCE ADOPTING SAFE FIREARM STORAGE WITHIN
THE CITY OF MONTEREY PARK.

The City Council for the City of Monterey Park does ordain as follows:

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

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

B. A review of the City’s records shows that the City does not presently regulate firearm storage within residences.

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

D. Since the beginning of 2023, there have been more than 300 MCIs in the United States including the one in our community on January 21, 2023.

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

That equates to approximately 124 people dying from a firearm-related injury each day. More than half of firearm-related deaths were suicides and more than 4 out of every 10 were firearm homicides (see “Fast Facts: Firearm Violence Prevention,” Centers for Disease Control and Prevention, May 4, 2022).

F. Studies demonstrate that child-access prevention (“CAP”) laws reduce unintentional firearm injuries and deaths among children (see, e.g., www.rand.org/research/gun-policy/analysis/child-access- prevention/unintentional-injuries.html; updated January 10, 2023).

Additionally, studies that examined effects on young adults or adults provide limited evidence that these laws may reduce unintentional firearm injuries and deaths among adults as well.

ORDINANCE NO. XX
PAGE 2 of 5

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

H. Firearm injuries have a significant adverse public health and safety impact nationally, regionally, and locally.

I. Improperly stored firearms may result in accidental firearm injuries and/or deaths, particularly in homes with children.

J. Having a loaded or unlocked firearm in the home has been associated with an increased risk of firearm-related injury and death, as well as the theft of the firearm.

SECTION 4: Environmental Assessment. The City reviewed the environmental impacts of this Ordinance under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. “CEQA”) and the regulations promulgated thereunder (14 Cal.

Code of Regs. §§ 15000, et seq., the “CEQA Guidelines”). This Ordinance is not subject to further review environmental review because: (1) it will not result in a direct or reasonably foreseeable indirect physical change in the environment (14 Cal. Code Regs. § 15060(c)(2); (2) there is no possibility that the Ordinance itself may have a significant effect on the environment (14 Cal. Code Regs. § 15061(b)(3)); and (3) the Ordinance, by itself, does not constitute a “project” as defined in the CEQA Guidelines (14 Cal. Code Regs. § 15378). The Ordinance is for general policies and procedure- making. It can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.

SECTION 5: Amendment. MPMC Chapter 9.84 (Weapons) is amended by adding a new section 9.84.050 (Safe Storage) to read as follows:

“9.85.050 Safe Storage

A. No person may keep a firearm within any residence unless the firearm is either (1) stored in a locked container; or (2) disabled with a trigger lock.

1. “Firearm” means any gun, rifle, pistol, or any other firearm as defined in Penal Code §16520, as may be amended from time to time.

ORDINANCE NO. XX
PAGE 3 of 5

2. “Locked Container” means a locked container as defined in Penal Code §16850, as may be amended from time to time, and is listed on the California Department of Justice Bureau of Firearms roster of approved firearm safety devices.

3. “Trigger Lock” means a trigger lock that is listed on the California Department of Justice’s roster of approved firearms safety devices and that is identified as appropriate for that firearm by reference to either the manufacturer and model of the firearm or to the physical characteristics of the firearm that match those listed on the roster for use with the device under Penal Code §23635.

4. “Residence” means any structure intended or used for human habitation, including, without limitation, houses, apartments, condominiums, rooms, in-law units, accessory dwelling units, motels, hotels, single-room occupancy units, time-shares, mobile homes, and recreational and other vehicles where human habitation occurs.

B. This Section does not apply when a firearm is carried on the person of, or is otherwise in the immediate control and possession of, an individual in accordance with applicable local, state, or federal laws.

C. This Section does not apply when a firearm is carried on the person of, or is otherwise in the immediate control and possession of, a peace officer (as defined in Penal Code § 830, et seq., as may be amended from time to time).

D. It is not the intention of this Section to regulate any conduct if the regulation of such conduct has been preempted by state or federal law.

E. Any person who owns or possesses a firearm must report the theft or loss of the firearm to the Police Chief, or designee, within 48 hours of the time the person suspected or knew that the firearm had been stolen or lost, if:

1. the person who owns or possessed the stolen or lost firearm resides in the city; or

2. the theft or loss of the firearm occurred in the City.” SECTION 6: Construction. This Ordinance must be broadly construed to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.

SECTION 7: Enforceability. Repeal of any provision of the Monterey Park Municipal Code does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance’s effective date. Any such repealed part will remain in full force and effect for

ORDINANCE NO. XX
PAGE 4 of 5

sustaining action or prosecuting violations occurring before the effective date of this Ordinance.

SECTION 8: Reliance on Record. Every one of the findings and determinations in this Ordinance are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the matter. The determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole.

SECTION 9: Limitations. The City Council’s analysis and evaluation of the project is based on the best information currently available. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the City Council’s lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are the limitations on the City's ability to solve what are in effect regional, state, and national problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework.

SECTION 10: Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable.

SECTION 11: 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 12: Publications. The City Clerk is directed to certify the passage and adoption of this Ordinance; make a note of the passage and adoption in the records of this meeting; and, within 15 days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.

SECTION 13: Recording. The City Clerk is directed to certify the passage and adoption of this Ordinance, cause it to be entered into the City of Monterey Park’s book of original ordinances, make a note of the passage and adoption in the records of this meeting, and, within fifteen days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.

SECTION 14: Effective Date. This Ordinance becomes effective on the 30th day following its passage and adoption.

ORDINANCE NO. XX
PAGE 5 of 5

ORDINANCE NO. ___ HAD ITS FIRST READING ON XX, ITS SECOND READING ON ____, AND WAS DULY PASSED, APPROVED, AND ADOPTED BY THE

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

Jose Sanchez, Mayor
ATTEST:

________________________________
Maychelle Yee, City Clerk

APPROVED AS TO FORM:

KARL H. BERGER, City Attorney

________________________________
Justin A. Tamayo, Deputy City Attorney

City Council Staff Report
DAT
E: August 16, 2023
AGENDA ITEM NO:

TO: T
he Honorable Mayor and City Council
FROM: Amy Lee, City Treasurer
SUBJECT: Monthly Investment Report – July 2023
RECO
MMENDATION:

It is recommended that the City Council consider:

1. Receiving and filing the monthly investment report; and

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

EXECU
TIVE SUMMARY:

As of June 30, 2023, invested funds for the City of Monterey Park total $78,417,445.03.

BA
CKGROUND:

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

Respectfully submitted by: Prepared by:

Amy Lee
City Treasurer
Martha Garcia
Finance Director
Approved by:

Inez Alvarez
Interim City Manager
ATT
ACHMENT:

1. Monthly Investment Report
Consent Calendar - 3A

Staff Report
August 16, 2023

ATTACHMENT 1
Monthly Investment Report

INVESTMENTS PORTFOLIO PROFILE:

TOTAL BALANCE AT 06/30/2023 78,417,445.03$

INVESTMENT COMPOSITION
(1) LA COUNTY POOLED INVESTMENT FUND ON DEMAND 3.430% 43,911,968.49$ (See Schedule A for LA County Pool Composition)
(2) LOCAL AGENCY INVESTMENT FUND ON DEMAND 2.870% 26,660,476.54$ Purchase Maturity Interest
(3) CERTIFICATES OF DEPOSIT Date Date Rate
1 PREFERRED BANK 09/03/22 09/03/23 2.51% 100,000
2 PREFERRED BANK 09/08/22 09/08/23 2.67% 150,000
3 SALLIE MAE BANK 08/11/21 08/12/24 0.70% 245,000
4 TOYOTA FINANCIAL SAVINGS BANK 09/16/21 09/16/24 0.65% 245,000 5 SYNCHRONY BANK 09/17/21 09/17/24 0.65% 245,000
6 UBS BANK USA 09/22/21 09/23/24 0.65% 245,000
7 STATE BANK OF INDIA 10/18/21 10/18/24 0.70% 245,000
8 MEDALLION BANK UTAH 01/28/22 01/28/25 1.25% 245,000
9 PENTAGON FEDERAL UNION 01/31/22 01/31/25 1.25% 245,000 10 BEAL BANK 02/02/22 01/29/25 1.15% 245,000
11 VALLIANCE BANK 03/18/22 03/18/25 1.40% 245,000
12 STATE BANK OF TEXAS 03/25/22 03/25/25 1.45% 245,000 13 FIRST FED SAVINGS & LOAN 03/30/22 03/31/25 2.00% 245,000 14 LAFAYETTE FEDERAL CREDIT UNION 03/30/22 03/31/25 2.20% 245,000 15 ALLY BANK 03/31/22 03/28/24 1.95% 245,000
16 COMENITY CAPITAL BANK 04/14/22 04/14/25 2.55% 245,000 17 AMERICU CREDIT UNION 04/21/22 04/21/25 2.30% 245,000 18 BALBOA THRIFT & LOAN 04/29/22 04/29/25 2.00% 245,000 19 CONNEXUS CREDIT UNION 05/26/22 05/28/24 2.65% 245,000 20 METRO CREDIT UNION 07/13/22 07/12/24 3.20% 245,000
21 FIRST TECHNOLOGY CREDIT UNION 08/05/22 08/05/24 3.25% 245,000 22 AUSTIN TELCO FEDERAL CREDIT UNION 12/16/22 12/16/24 5.00% 245,000 23 GREENWOOD MUNICIPAL FED CREDIT UNIO 01/27/23 01/27/25 4.80% 245,000 24 RAIZ CREDIT UNION 01/27/23 01/27/25 4.75% 245,000
25 WORKERS 01/27/23 01/27/25 4.70% 245,000
26 MANUF & TRADERS TRUST CO 01/31/23 01/31/26 4.25% 245,000 27 ALPINE BANK 01/31/23 01/31/25 4.55% 245,000
28 TECHNOLOGY FCU 02/10/23 02/24/25 5.00% 245,000
29 RED CROWN FCU 02/14/23 02/21/25 4.85% 245,000
30 UFIRST FEDERAL CREDIT UNION 02/15/23 02/25/25 4.85% 245,000 31 SEA COMM FEDERAL CREDIT UNION 02/23/23 03/03/25 4.90% 245,000 32 GLOBAL CREDIT UNION 05/02/23 05/12/25 4.85% 245,000 33 WESTERN ALLIANCE BANK 05/02/23 05/05/25 4.85% 245,000 Total CDs (33) 3.149% 7,845,000.00$
OTHER INFORMATION:

BANK BALANCE: (1)
$7,070,298.66
AVERAGE MATURITY DAYS 58
AVERAGE INTEREST RATE FOR THE MONTH 3.131%

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

THERE HAVE BEEN NO VARIANCES TO THE INVESTMENT POLICY.
(1) Bank balance is maintained to cover outstanding warrants, payroll checks and on-going operating costs.

CITY OF MONTEREY PARK

INVESTMENT REPORT
JULY 31, 2023

Pooled Specific
Surplus Purpose
PORTFOLIO PROFILE Investments Investments
Inventory Balance at 06/30/23
At Cost 54,574,147,314$ 306,217,419$
At Market 51,936,678,871$ 281,910,094$
Repurchase Agreements -$ -$ Reverse Repurchase Agreements -$ -$ Composition by Security Type:

Certificates of Deposit 5.41% 0.00%
United States Government
and Agency Obligations 69.41% 85.72%
Bankers Acceptances 0.00% 0.00%
Commercial Paper 25.11% 0.00%
Municipal Obligations 0.05% 0.81%
Corporate and Deposit Notes 0.02% 0.00%
Repurchase Agreements 0.00% 0.00%
Asset-Backed 0.00% 0.00%
Other 0.00% 13.47%
1-60 days 36.84% 0.00%
61 days-1 year 24.66% 28.19%
Over 1 year 38.50% 71.81%
Weighted Average Days to Maturity 753

POOLED SURPLUS AND SPECIFIC PURPOSE INVESTMENTS
AS OF JUNE 30, 2023

SCHEDULE A

City Council Staff Report
+
DATE: August 16, 2023
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Inez Alvarez, Interim City Manager
SUBJECT: Continue to extend the existence of an employment emergency for the City of Monterey Park
RECOMMENDATION:

It is recommended that the City Council consider:

1. Receiving and filing this report;

2. Continuing to extend the existence of an employment emergency for the City of Monterey Park and authorizing the City Manager to take all practical actions needed to implement the efficient recruitment and retention of persons for employment; and

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

EXECUTIVE SUMMARY:

Through City Council’s establishment of the employment emergency, to date the City has filled 83 full-time vacancies comprised of 35 promotional appointments, 8 part-time to full- time appointments, and 40 appointments. From June 2023 to date, the City has filled a hard to fill Water Production Supervisor, one IT Technician, two Senior Account Clerks, and 15 part-time staff for Recreation and Community Services for summer programs.

There are 26 full-time positions in the recruitment process along with 18 part-time recruitments. Staff recommends extending the employment emergency to allow the City to address these vacancies, which include 6 key positions in the Public Works Department; to address upcoming retirements in the Police and Fire Departments; and to continue working through the Personnel Rules and Regulations revision process.

BACKGROUND:

As the City makes progress with the labor negotiations process, the Personnel Rules and Regulations revisions will move forward to incorporate various updates and revisions related to the recruitment process and Human Resources/Risk Management Department processes. The revision process requires the City to meet and confer with the associations before the Personnel Rules and Regulations can be implemented.

FISCAL IMPACT:

None.

Consent Calendar - 3B

Staff Report

August 16, 2023

Respectfully submitted by:

Inez Alvarez
Interim City Manager

Review by:

Karl H. Berger
City Attorney

Attachment(s):

1. Resolution No. 2022-R49

Staff Report
August 16, 2023

ATTACHMENT 1
Resolution 2022-R49

RESOLUTION NO. 2022-R49

A RESOLUTION ADOPTED BY THE CITY COUNCIL FOR THE CITY OF

MONTEREY PARK DECLARING THE EXISTENCE OF A LOCAL

EMERGENCY DUE TO LACK OF EMPLOYEES AND AUTHORIZING THE

CITY MANAGER TO TAKE ALL REASONABLE ACTIONS TO ACCELERATE RECRUITMENT AND RETENTION OF PUBLIC EMPLOYEES.

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

SECTION 1: The City Council finds as follows:

A. Since the City Council officially terminated the COVID-19 local emergency in April, the City took ambituous actions to restore pre-pandemic levels of municipal services;

B. In reviewing personnel data from just the last six months, however, it is apparent that the City is seriously short-staffed.

C. The City of Monterey Park has 325 full time staff positions of which nearly 70 are currently vacant. Of these positions, multiple are critical to protecting public health and safety including, without limitation, Water Production Supervisor; Senior Water Production System Operator; Water Utility Maintenance Worker; Director of Public Works; Facilities Maintenance Supervisor; Finance Manager; Firefighter; Police Officer; Senior Accountant; and Lifeguard;

D. These are positions that directly respond to the public and/or essential to the smooth operation of municipal services including, for example, providing potable drinking water, and ensuring public safety;

E. The City Council notes that multiple sources of publicly available information (see, e.g., “Quantifying the Nation’s Workforce Crisis – State of American Business 2022 Update” [January 10, 2022] published by the United States Chamber of Commerce [www.uschamber.com/workforce/quantifying-the- nations-workforce-crisis-2022-state-of-american-business-update] and “COVID- 19 ends longest employment recovery and expansion in CES history, causing unprecedented job losses in 2020” June 2021 by the United States Bureau of Labor Statistics [www.bls.gov/opub/mlr/2021/article/covid-19-ends-longest- employment-expansion-in-ces-history.htm]) demonstrate that the challenges for recruiting qualified employees is nationwide;

F. Because of the City’s personnel rules and policies, however, a typical time period for securing an outstanding candidate for an open employee position is taking four to six months of processing. This includes the initial recruitment; testing; interviewing; and background check;

Resolution No. 2022-R49

G. In multiple instances, the City has lost interested candidates to the private sector or other public entities simply because the person did not want to continue waiting to be appointed;

H. Being able to accelerate the testing and interviewing will help make the City more attractive to individuals seeking public service. Additional work is needed regarding the titles of positions; compensation; and various fringe benefits. Moreover, a significant overhaul of the City’s personnel rules is crucial to becoming more efficient in the future;

I. In the interim, however, it is in the public interest to cut through the proverbial “red tape” in order to fill positions that are critical to providing municipal services to the public. Under these circumstances, it is apparent that there is an imminent threat to public health and safety that may result from the City’s inability to fill crucial positions in a timely and efficient manner;

J. Consequently, a local employment emergency is declared and the City Manager is authorized to take the actions set forth in this Resolution.

SECTION 2: Authorizations. The City Manager is authorized to take all reasonable and practicable actions to accelerate the process for recruiting, appointing, and retaining persons as City employees to fill all vacant positions. Such actions may include, without limitation, the following:

A. Suspend those portions of the City’s personnel rules that are interfering with the City’s ability to secure qualified candidates. For example, unnecessary testing and interview panels;

B. Temporarily appoint qualified persons to positions in accordance with Monterey Park Municipal Code (“MPMC”) § 2.28.100;

C. Execute agreements, in a form approved by the City Attorney, for the services listed in MPMC § 2.28.190;

D. Consider amendments to titles and classifications of various positions to make them more attractive to qualified candidates;

E. Consider compensation and benefits that will attract qualified candidates to public services; and

F. Commence a substantial overhaul to the City’s personnel rules.

SECTION 3: During the existence of this local emergency, the powers, functions, and duties of the City Manager and the emergency organization of this City will be those prescribed by California law, by ordinance, and resolutions of this City approved by the

Resolution No. 2022-R49

City Council. To the extent that the actions authorized by this Resolution require a meet and confer with the City’s bargaining units, those meetings will be held at the earliest practicable time pursuant to Government Code § 3504.5(b).

SECTION 4: The City Manager is designated as the authorized representative for public assistance and as the authorized representative for individual assistance of the City of Monterey Park for the purpose of receiving, processing, and coordinating all inquiries and requirements necessary to obtain available state and federal assistance.

SECTION 5: This local emergency will be reviewed by the City Council within 60 days in accordance with Government Code § 8630 to determine whether it should be extended by City Council Resolution.

SECTION 6: 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 7: This Resolution will take effect immediately upon adoption.

PASSED AND ADOPTED this 15
th day of June, 2022.

________________________________
Henry Lo, Mayor

ATTEST:

____________________________
Vincent D. Chang, City Clerk

APPROVED AS TO FORM:

____________________________
Karl H. Berger, City Attorney

Resolution No. 2022-R49

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §

CITY OF MONTEREY PARK )

I, Vincent D. Chang, City Clerk of the City of Monterey Park, California, do hereby certify that the foregoing Resolution No. 2022- R49 was duly adopted and passed at a regular meeting of the Monterey Park City Council on the 15 th day of June, 2022 by the
following vote:

Ayes: Council Members: Yiu, Chan, Liang, Lo
Noes: Council Members: None
Abstain: Council Members: None

Absent: Council Members: None

Dated this 15th day of June, 2022.

____________________________
Vincent D. Chang, City Clerk

City Council Staff Report
DATE: August 16, 2023
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Inez Alvarez, Interim City Manager
Karl H. Berger, City Attorney
SUBJECT: Consideration and direction regarding SB 1186 - Medicinal Cannabis Patients’ Right of Access Act
RECOMMENDATION:

It is recommended that the City Council consider:

1. Receive and file this report;

2. Direct the City Manager and City Attorney to draft proposed regulations for medical cannabis delivery facilities in accordance with SB 1186; and

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

EXECUTIVE SUMMARY:

At its meeting on August 2nd, the City Council posed questions regarding SB 1186 (2022 Wiener) which is attached for reference. In sum, SB 1186 prevents cities from prohibiting medicinal cannabis deliveries; it further requires cities to allow cannabis delivery facilities to be located within the local jurisdiction. SB 1186 does, however, allow the City to reasonably regulate the retail sale by delivery of medicinal cannabis including, without limitation: (1) zoning requirements that are consistent with California law; (2) security or public health and safety requirements; (3) licensing requirements; (4) tax collection; and (5) regulations consistent with requirements or restrictions imposed by California law.

These restrictions take effect January 1, 2024.

BACKGROUND:

In 2016, the City Council adopted Ordinance No. 2126 that added Chapters 9.102 and

21.46 to the Monterey Park Municipal Code (“MPMC”) prohibiting all commercial cannabis activity within the City – including delivery of medical cannabis.

Responding to changes in California law i n 2018, the City Council clarified and strengthened its prohibitions on retail cannabis sales by adopting Ordinance No. 2158 (adopted February 20, 2019) which renumbered Chapter 21.46 to Chapter 6.35, and made substantive changes.

Ordinance No. 2158 anticipated future changes in federal and state law by adding this language to the MPMC: “[u]nless otherwise provided by California law, commercial Consent Calendar - 3C

Staff Report

August 16, 2023
cannabis activity is prohibited within the City of Monterey Park” (emphasis added; MPMC § 6.35.030). A copy of the staff report and that Ordinance are attached for reference.

Based upon the emphasized language , the City Council may either (1) take no action – and still be compliant with SB 1186; or (2) adopt reasonable regulations as to zoning, security requirements, licensing, etc., as allowed by SB 1186. If the City Council does nothing, deliveries of medicinal cannabis, etc., would be allowed within the City’s jurisdiction in accordance with SB 1186. Additionally, applications for a delivery facility within the City would be processed in accordance with the MPMC’s existing zoning regulations.

Based upon the comments from the City Council on August 2 nd, it seems more likely that
the City Council prefers adopting reasonable regulations as allowed by SB 1186.

Accordingly, unless the City Council directs otherwise, the City Manager and City Attorney will begin drafting such regulations. Those draft regulations will be processed through the Planning Commission and then presented to the City Council later in the Fall.

FISCAL IMPACT:

There will be additional staff and legal costs associated with drafting the SB 1186 regulations.

Respectfully submitted by: Reviewed by:
_____________________ _______________________
Inez Alvarez, Interim City Manager Karl H. Berger, City Attorney ATTACHMENTS:

1. Various documents including SB 1186 and legislative analysis; February 2019 Staff Report; Ordinance No. 2158

ATTACHMENT 1
Various Documents
Staff Report
August 16, 2023

Senate Bill No. 1186
CHAPTER 395
An act to amend Section 26200 of, and to add Chapter 26 (commencing with Section 26320) to Division 10 of, the Business and Professions Code, relating to cannabis.
[Approved by Governor September 18, 2022. Filed with
Secretary of State September 18, 2022.]
legislative counsel’s digest
SB 1186, Wiener. Medicinal Cannabis Patients’ Right of Access Act.

Existing law, the Compassionate Use Act of 1996, an initiative measure enacted by Proposition 215 at the November 6, 1996, statewide general election, declares that its purpose is, among other things, to ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes, as specified, and exempts from state criminal liability certain patients and their primary caregivers who possess or cultivate marijuana for the personal medical purposes of the patient. Existing law, known as the Medical Marijuana Program, establishes a voluntary registration program for qualified medicinal cannabis patients and their primary caregivers through a statewide identification card system maintained by the State Department of Public Health and sets forth guidelines for the possession of medicinal cannabis.

The Control, Regulate and Tax Adult-Use of Marijuana Act of 2016 (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, established a comprehensive system to legalize, control, and regulate the cultivation, processing, manufacture, distribution, testing, and sale of nonmedical marijuana. AUMA reserved to a local jurisdiction specified powers regarding commercial adult-use cannabis activity, including adopting and enforcing local ordinances regulating commercial adult-use cannabis activity. Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities, including the retail sale of medicinal cannabis.

This bill would enact the Medicinal Cannabis Patients’ Right of Access Act, which, on and after January 1, 2024, would prohibit a local jurisdiction from adopting or enforcing any regulation that prohibits the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by medicinal cannabis businesses, as defined, or that has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers in a timely and readily

90

accessible manner and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction, as specified. The bill, on and after January 1, 2024, would provide that the act may be enforced by an action for writ of mandate brought by a medicinal cannabis patient or their primary caregiver, a medicinal cannabis business, the Attorney General, or any other party otherwise authorized by law.

This bill would incorporate additional changes to Section 26200 of the Business and Professions Code proposed by AB 2210 to be operative only if this bill and AB 2210 are enacted and this bill is enacted last.

To the extent this bill would impose additional duties on local jurisdictions, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

The people of the State of California do enact as follows:

SECTION 1.

Section 26200 of the Business and Professions Code is
amended to read:
26200. (a)  (1)  Except as set forth in the Medicinal Cannabis Patients’ Right of Access Act (Chapter 26 (commencing with Section 26320)), this division shall not be interpreted to supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances to regulate businesses licensed under this division, including, but not limited to, local zoning and land use requirements, business license requirements, and requirements related to reducing exposure to secondhand smoke, or to completely prohibit the establishment or operation of one or more types of businesses licensed under this division within the local jurisdiction.
(2)
Except as set forth in the Medicinal Cannabis Patients’ Right of Access Act (Chapter 26 (commencing with Section 26320)), this division shall not be interpreted to supersede or limit existing local authority for law enforcement activity, enforcement of local zoning requirements or local ordinances, or enforcement of local license, permit, or other authorization requirements.
(b)
This division shall not be interpreted to require the department to undertake local law enforcement responsibilities, enforce local zoning requirements, or enforce local licensing, permitting, or other authorization requirements.
(c)
A local jurisdiction shall notify the department upon revocation of any local license, permit, or authorization for a licensee to engage in commercial cannabis activity within the local jurisdiction. Within 60 days of being so informed, the department shall begin the process to determine 90 —
2 — Ch. 395

whether a license issued to the licensee should be suspended or revoked pursuant to Chapter 3 (commencing with Section 26030).
(d)  For facilities issued a state license that are located within the incorporated area of a city, the city shall have full power and authority to enforce this division and the regulations promulgated by the department, if delegated by the state. Notwithstanding Sections 101375, 101400, and 101405 of the Health and Safety Code or any contract entered into pursuant thereto, or any other law, the city shall assume complete responsibility for any regulatory function pursuant to this division within the city limits that would otherwise be performed by the county or any county officer or employee, including a county health officer, without liability, cost, or expense to the county.
(e)
(1)  This division does not prohibit the issuance of a state temporary event license to a licensee authorizing onsite cannabis sales to, and consumption by, persons 21 years of age or older at a county fair event, district agricultural association event, or at another venue expressly approved by a local jurisdiction for the purpose of holding temporary events of this nature, provided that the activities, at a minimum, comply with all the following:
(A)
The requirements of paragraphs (1) to (3), inclusive, of subdivision (g).
(B)  All participants who are engaged in the onsite retail sale of cannabis or cannabis products at the event are licensed under this division to engage in that activity.
(C)
The activities are otherwise consistent with regulations promulgated and adopted by the department governing state temporary event licenses. (D)  A state temporary event license shall only be issued in local jurisdictions that authorize such events.
(E)  A licensee who submits an application for a state temporary event license shall, 60 days before the event, provide to the department a list of all licensees that will be providing onsite sales of cannabis or cannabis products at the event. If any changes occur in that list, the licensee shall provide the department with a final updated list to reflect those changes. A person shall not engage in the onsite retail sale of cannabis or cannabis products, or in any way participate in the event, who is not included in the list, including any updates, provided to the department. (2)
The department may impose a civil penalty on any person who violates this subdivision, or any regulations adopted by the department governing state temporary event licenses, in an amount up to three times the amount of the license fee for each violation, consistent with Sections 26018 and 26038.
(3)
The department may require the event and all participants to cease operations without delay if in the opinion of the department or local law enforcement it is necessary to protect the immediate public health and safety of the people of the state. The department may also require the event organizer to immediately expel from the event any participant selling cannabis or cannabis products without a license from the department that 90 Ch.
395 — 3 —

authorizes the participant to sell cannabis or cannabis products. If the unlicensed participant does not leave the event, the department may require the event and all participants to cease operations immediately. (4)  The order by the department for the event to cease operations pursuant to paragraph (3) does not entitle the event organizer or any participant in the event to a hearing or an appeal of the decision. Chapter 3 (commencing with Section 490) of Division 1.5 and Chapter 4 (commencing with Section 26040) of this division shall not apply to the order by the department for the event to cease operations pursuant to paragraph (3). (5)
The smoking of cannabis or cannabis products at temporary events authorized pursuant to this subdivision is prohibited in locations where smoking is prohibited. For purposes of this section, “smoking” has the same meaning as defined in subdivision (c) of Section 22950.5. (f)
This division, or any regulations promulgated thereunder, shall not be deemed to limit the authority or remedies of a city, county, or city and county under any provision of law, including, but not limited to, Section 7 of Article XI of the California Constitution.
(g)
Notwithstanding paragraph (1) of subdivision (a) of Section 11362.3 of the Health and Safety Code, a local jurisdiction may allow for the smoking, vaporizing, and ingesting of cannabis or cannabis products on the premises of a retailer or microbusiness licensed under this division if all of the following are met:
(1)  Access to the area where cannabis consumption is allowed is restricted to persons 21 years of age or older.
(2)
Cannabis consumption is not visible from any public place or nonage-restricted area.
(3)  Sale or consumption of alcohol or tobacco is not allowed on the premises.
(h)  This division shall not be interpreted to supersede Section 6404.5 of the Labor Code.

SEC. 1.5. Section 26200 of the Business and Professions Code is amended to read:
26200. (a)  (1)  Except as set forth in the Medicinal Cannabis Patients’ Right of Access Act (Chapter 26 (commencing with Section 26320)), this division shall not be interpreted to supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances to regulate businesses licensed under this division, including, but not limited to, local zoning and land use requirements, business license requirements, and requirements related to reducing exposure to secondhand smoke, or to completely prohibit the establishment or operation of one or more types of businesses licensed under this division within the local jurisdiction.
(2)
Except as set forth in the Medicinal Cannabis Patients’ Right of Access Act (Chapter 26 (commencing with Section 26320)), this division shall not be interpreted to supersede or limit existing local authority for law enforcement activity, enforcement of local zoning requirements or local ordinances, or enforcement of local license, permit, or other authorization requirements.
90 —
4 — Ch. 395

(b)  This division shall not be interpreted to require the department to undertake local law enforcement responsibilities, enforce local zoning requirements, or enforce local licensing, permitting, or other authorization requirements.
(c)
A local jurisdiction shall notify the department upon revocation of any local license, permit, or authorization for a licensee to engage in commercial cannabis activity within the local jurisdiction. Within 60 days of being so informed, the department shall begin the process to determine whether a license issued to the licensee should be suspended or revoked pursuant to Chapter 3 (commencing with Section 26030).
(d)
For facilities issued a state license that are located within the incorporated area of a city, the city shall have full power and authority to enforce this division and the regulations promulgated by the department, if delegated by the state. Notwithstanding Sections 101375, 101400, and 101405 of the Health and Safety Code or any contract entered into pursuant thereto, or any other law, the city shall assume complete responsibility for any regulatory function pursuant to this division within the city limits that would otherwise be performed by the county or any county officer or employee, including a county health officer, without liability, cost, or expense to the county.
(e)
(1)  This division does not prohibit the issuance of a state temporary event license to a licensee authorizing onsite cannabis sales to, and consumption by, persons 21 years of age or older at a county fair event, district agricultural association event, or at another venue expressly approved by a local jurisdiction for the purpose of holding temporary events of this nature, provided that the activities, at a minimum, comply with all the following:
(A)
The requirements of paragraphs (1) to (3), inclusive, of subdivision (g).
(B)  All participants who are engaged in the onsite retail sale of cannabis or cannabis products at the event are licensed under this division to engage in that activity.
(C)
The activities are otherwise consistent with regulations promulgated and adopted by the department governing state temporary event licenses, except as otherwise provided in paragraphs (6), (7), and (8). (D)
A state temporary event license shall only be issued in local jurisdictions that authorize such events.
(E)  A licensee who submits an application for a state temporary event license shall, 60 days before the event, provide to the department a list of all licensees that will be providing onsite sales of cannabis or cannabis products at the event. If any changes occur in that list, the licensee shall provide the department with a final updated list to reflect those changes. A person shall not engage in the onsite retail sale of cannabis or cannabis products, or in any way participate in the event, who is not included in the list, including any updates, provided to the department. (2)
The department may impose a civil penalty on any person who violates this subdivision, or any regulations adopted by the department governing 90 Ch. 395 — 5 —

state temporary event licenses, in an amount up to three times the amount of the license fee for each violation, consistent with Sections 26018 and 26038.
(3)
The department may require the event and all participants to cease operations without delay if in the opinion of the department or local law enforcement it is necessary to protect the immediate public health and safety of the people of the state. The department may also require the event organizer to immediately expel from the event any participant selling cannabis or cannabis products without a license from the department that authorizes the participant to sell cannabis or cannabis products. If the unlicensed participant does not leave the event, the department may require the event and all participants to cease operations immediately. (4)  The order by the department for the event to cease operations pursuant to paragraph (3) does not entitle the event organizer or any participant in the event to a hearing or an appeal of the decision. Chapter 3 (commencing with Section 490) of Division 1.5 and Chapter 4 (commencing with Section 26040) of this division shall not apply to the order by the department for the event to cease operations pursuant to paragraph (3). (5)
The smoking of cannabis or cannabis products at temporary events authorized pursuant to this subdivision is prohibited in locations where smoking is prohibited. For purposes of this section, “smoking” has the same meaning as defined in subdivision (c) of Section 22950.5. (6)
(A) All licensees who are issued a state temporary event license allowed pursuant to this subdivision may, upon completion or cessation of the temporary event, reconcile unsold inventory of cannabis or cannabis products and return it to the licensee’s retail premises. (B)
All unsold inventory of cannabis or cannabis products from the temporary event shall be noted in track and trace prior to transport. (C)  All unsold inventory of cannabis or cannabis products from the temporary event shall be in its original packaging in which it was placed pursuant to Chapter 12 (commencing with Section 26120). (7)
The inventory of cannabis or cannabis products authorized to be sold by a state temporary event license pursuant to this subdivision shall only be transported to and from the temporary event by a licensed distributor or licensed microbusiness.
(8)
The department shall not deny an application for a state temporary event license pursuant to this subdivision solely on the basis that there is a license issued pursuant to the Alcoholic Beverage Control Act (Division 9 (commencing with Section 23000)) for the proposed premises of the event.

Furthermore, the Department of Alcoholic Beverage Control shall not take any disciplinary action against a person licensed pursuant to the Alcoholic Beverage Control Act on the basis of a state temporary event license issued by the department to a licensee pursuant to this subdivision that utilizes the same premises as the person licensed pursuant to the Alcoholic Beverage Control Act.
90 —
6 — Ch. 395

(A)  All on- and off-sale privileges of alcoholic beverages at the venue shall be suspended for the day of the event and shall not resume until 6 a.m. on the day after the event has ended.
(B)  Alcohol consumption on the venue premises shall be strictly prohibited for the day of the event and shall not resume until 6 a.m. on the day after the event has ended.
(f)
This division, or any regulations promulgated thereunder, shall not be deemed to limit the authority or remedies of a city, county, or city and county under any provision of law, including, but not limited to, Section 7 of Article XI of the California Constitution.
(g)
Notwithstanding paragraph (1) of subdivision (a) of Section 11362.3 of the Health and Safety Code, a local jurisdiction may allow for the smoking, vaporizing, and ingesting of cannabis or cannabis products on the premises of a retailer or microbusiness licensed under this division if all of the following are met:
(1)  Access to the area where cannabis consumption is allowed is restricted to persons 21 years of age or older.
(2)
Cannabis consumption is not visible from any public place or nonage-restricted area.
(3)  Sale or consumption of alcohol or tobacco is not allowed on the premises.
(h)  This division shall not be interpreted to supersede Section 6404.5 of the Labor Code.
(i)  This section does not alter or affect the prohibition on the sale of alcoholic beverages by a licensee, as provided in Section 26054, on or at a venue premises licensed under this division.

SEC. 2.

Chapter 26 (commencing with Section 26320) is added to
Division 10 of the Business and Professions Code, to read:

Chapter 26. Medicinal Cannabis Patients’ Right of Access Act 26320. The Legislature finds and declares as follows:
(a)  Access to medicinal cannabis is an integral aspect of access to health care, and eliminating barriers to medicinal cannabis access is essential to promoting and preserving the health of Californians for whom physicians have recommended the use of cannabis or cannabis products. (b)
It is the policy of the state and the intent of the Legislature to ensure that Californians throughout the state have timely and convenient access to safe, effective, and affordable medicinal cannabis.
26321.
(a)  This act shall be known, and may be cited, as the Medicinal Cannabis Patients’ Right of Access Act.
(b)  For purposes of this chapter:
(1)  “Medicinal cannabis” means medicinal cannabis or medicinal cannabis products, as those terms are defined in paragraph (1) of subdivision (ai) of Section 26001.
90 Ch.
395 — 7 —

(2)  “Medicinal cannabis business” means a retailer authorized to engage in the retail sale by delivery of medicinal cannabis to medicinal cannabis patients pursuant to an M-license.
(3)  “Medicinal cannabis patient” means a qualified patient, as defined in Section 11362.7 of the Health and Safety Code, who possesses a physician’s recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2, or a qualified patient or primary caregiver for a qualified patient issued a valid identification card pursuant to Section 11362.71 of the Health and Safety Code. (4)
“Regulation” means a local ordinance, regulation, policy, or practice. 26322. (a)  A local jurisdiction shall not adopt or enforce any regulation that prohibits the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers, or that otherwise has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by licensed medicinal cannabis businesses in a timely and readily accessible manner, and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction, including, but not limited to, regulation of any of the following that has the effect of prohibiting the retail sale by delivery of medicinal cannabis:
(1)
The number of medicinal cannabis businesses authorized to deliver medicinal cannabis in the local jurisdiction.
(2)  The operating hours of medicinal cannabis businesses. (3)  The number or frequency of sales by delivery of medicinal cannabis. (4)  The types or quantities of medicinal cannabis authorized to be sold by delivery.
(5)  The establishment of physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted by a licensed nonstorefront retailer, except that this paragraph shall not be construed to require the establishment of additional physical premises in a local jurisdiction that allowed medicinal cannabis retail as of January 1, 2022, and in which at least one physical premises engaged in the retail sale of medicinal cannabis, whether storefront or delivery, is already established. (b)
Nothing in this chapter shall be construed to prohibit the adoption or enforcement of reasonable regulations on retail sale by delivery of medicinal cannabis, including, but not limited to, reasonable regulations related to:
(1)
Zoning requirements that are not inconsistent with subdivision (a).

If compliance with subdivision (a) would otherwise require a local jurisdiction to authorize a physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted, this paragraph shall not be construed to alter that requirement. (2)
Security or public health and safety requirements.
(3)  Licensing requirements.
(4)  The imposition, collection, and remittance of any applicable state or local taxes upon retail sales occurring within the local jurisdiction. 90 — 8 — Ch. 395

(5)  Regulations consistent with requirements or restrictions imposed on cannabis businesses by this division or regulations issued under this division. (c)  Nothing in this chapter shall be construed to limit or otherwise affect the ability of a local jurisdiction to adopt or enforce any regulations on commercial cannabis operations other than retail sale by delivery of medicinal cannabis in the local jurisdiction.
(d)
This section shall become operative on January 1, 2024. 26323. (a)  This chapter may be enforced by an action brought pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure by any of the following parties, who shall be beneficially interested within the meaning of Section 1086 of the Code of Civil Procedure:
(1)
A medicinal cannabis patient or their primary caregiver who seeks to purchase medicinal cannabis or medicinal cannabis products within the local jurisdiction.
(2)
A medicinal cannabis business that seeks to offer medicinal cannabis for sale within the local jurisdiction.
(3)  The Attorney General.
(4)  Any other party otherwise authorized by law.
(b)  This section shall not be construed to limit the availability of any other remedy otherwise available to enforce this chapter. The existence of any other remedy shall not restrict the availability of relief to enforce this chapter under Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure.
(c)
This section shall become operative on January 1, 2024. 26324. Nothing in this chapter shall be construed to limit or otherwise affect the ability or right of a local jurisdiction to regulate adult-use cannabis pursuant to Section 26200.
26325.

This chapter addresses a matter of statewide concern and not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution.

SEC. 3.

Section 1.5 of this bill incorporates amendments to Section 26200 of the Business and Professions Code proposed by both this bill and Assembly Bill 2210. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 26200 of the Business and Professions Code, and (3) this bill is enacted after Assembly Bill 2210, in which case Section 1 of this bill shall not become operative.

SEC. 4.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

O
90 Ch.
395 — 9 —

SB 1186

SENATE THIRD READING
SB 1186 (Wiener)
As Amended August 22, 2022
Majority vote

SUMMARY
Prohibits local governments from banning, or effectively banning, the delivery of medicinal cannabis to patients or primary caregivers within their jurisdictions, enforceable through an action for writ of mandate.

Major Provisions
1) Prohibits a local jurisdiction from adopting or enforcing any regulation that prohibits the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers.
2) Additionally prohibits a local jurisdiction from adopting or enforcing any regulation that has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by licensed medicinal cannabis businesses in a timely and readily accessible manner, and in types and quantities sufficient to meet demand from medicinal cannabis patients within the local jurisdiction. 3) Expressly prohibits regulation of any of the following, to the extent that regulation has the effect of prohibiting the retail sale by delivery of medicinal cannabis:
a) The number of medicinal cannabis businesses authorized to deliver medical cannabis in the local jurisdiction.
b) The operating hours of medicinal cannabis businesses. c) The number or frequency of sales by delivery of medicinal cannabis. d) The types or quantities of medicinal cannabis authorized to be sold by delivery. e) The establishment of physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted by a licensed nonstorefront retailer, except in a local jurisdiction that allowed medicinal cannabis retail as of January 1, 2022, and in which at least one physical premises engaged in the retail sale of medicinal cannabis, whether storefront or delivery, is already established. 4) Clarifies that the bill does not prohibit the adoption or enforcement of reasonable regulations on retail sale by delivery of medicinal cannabis, including, but not limited to, reasonable regulations related to:
a) Zoning requirements that are not inconsistent with the prohibition against banning medicinal cannabis delivery; if compliance with that prohibition would otherwise require a local jurisdiction to authorize a physical premises from which delivery of medicinal cannabis within the jurisdiction is conducted, that requirement wouldn't be altered. b) Security or public health and safety requirements.

SB 1186

c) Licensing requirements.
d) The imposition, collection, and remittance of any applicable state or local taxes upon retail sales occurring within the local jurisdiction.
e) Regulations consistent with requirements or restrictions imposed on cannabis businesses under current law and regulations.
5) Clarifies that the bill does not limit or otherwise affect the ability of a local jurisdiction to adopt or enforce any regulations on commercial cannabis operations other than retail sale by delivery of medicinal cannabis in the local jurisdiction. 6) Delays the effective date of the bill's provisions relating to the prohibition against bans on medicinal cannabis delivery until January 1, 2024.
7) Beginning January 1, 2024, provides that this bill's provisions may be enforced by an action for writ of mandate by any of the following beneficially interested parties:
a) A medicinal cannabis patient or their primary caregiver who seeks to purchase medicinal cannabis or medicinal cannabis products within the local jurisdiction. b) A medicinal cannabis business that seeks to offer medicinal cannabis for sale within the local jurisdiction.
c) The Attorney General.
d) Any other party otherwise authorized by law.
8) Clarifies that the bill's provisions authorizing enforcement by an action for writ of mandate does not limit the availability of any other remedy otherwise available to enforce the law, and that the existence of any other remedy does not restrict the availability of relief. 9) Explicitly provides that the bill does not limit or otherwise affect the ability or right of a local jurisdiction to regulate adult-use cannabis.

COMMENTS
While the federal illegality of cannabis has historically limited clinical research, cannabis has long been believed to have therapeutic value and has been used as medicine by numerous cultures. Cannabinoids contained within the plant, including tetrahydrocannabinol (THC), have been demonstrated to be effective at treating chemotherapy-induced nausea, chronic pain, anorexia, and other conditions. During the height of the AIDS crisis in San Francisco in the 1980s, cannabis was commonly ingested to help alleviate the effects of wasting syndrome, with activists like "Brownie Mary" Rathbun and Dennis Peron championing access to the plant for patients. In 1995, the Legislature passed AB 1529 (Vasconcellos) to establish a medical necessity defense for patients using cannabis with a physician's recommendation; this bill was vetoed by Governor Pete Wilson.

Subsequently, in 1995, California became the first state to make the consumption of cannabis lawful when voters approved Proposition 215, the Compassionate Use Act, in 1996. Proposition 215 protected patients and caregivers from prosecution relating to the possession and cultivation

SB 1186

of cannabis for medicinal purposes, if recommended by a physician. The initiative prohibited physicians from being punished or denied any right or privilege for making a medicinal cannabis recommendation to a patient. Proposition 215 also included findings and declarations encouraging the federal and state governments to implement a plan to provide for the safe and affordable distribution of cannabis to patients with medical needs.

After several attempts to improve the state's regulation of cannabis, the Legislature passed the Medical Marijuana Regulation and Safety Act – subsequently retitled the Medical Cannabis Regulation and Safety Act (MCRSA) – in 2015. While entrusting state agencies to promulgate extensive regulations governing the implementation of the state's cannabis laws, MCRSA fully preserved local control. Under MCRSA, local governments may establish their own ordinances to regulate medicinal cannabis activity. Local jurisdictions could also choose to ban cannabis establishments altogether.

Not long after the Legislature enacted MCRSA, California voters passed Proposition 64, the Adult Use of Marijuana Act (AUMA), allowing for sales of cannabis for recreational use. In the spring of 2017, SB 94 (Committee on Budget and Fiscal Review) was passed to reconcile the distinct systems for the regulation, licensing, and enforcement of legal cannabis that had been established under the respective authorities of MCRSA and the AUMA. The single consolidated system established by this bill – known as the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA) – created a unified series of cannabis laws.

As of January 9, 2019, the collective and cooperative model for medical marijuana dispensaries, as authorized under Proposition 215, was formally sunset, and any dispensary that was in place under the Compassionate Use Act was required to obtain a license under MAUCRSA. In the months following that transition date, many expressed concern that the state's new regulatory framework insufficiently accommodated existing patients who use cannabis for medicinal purposes. Because the MAUCRSA allows localities to completely ban cannabis sales within their jurisdictions, many patients arguably have less access to cannabis than they did under the old Proposition 215 system.

According to data recently provided by the Department of Cannabis Control (DCC), 62% of local governments currently ban all forms of cannabis retail. While a handful of jurisdictions have specifically authorized only sales of medicinal cannabis goods, most local governments have taken an "all or nothing" approach to regulation, either allowing both adult use and medicinal cannabis activity or neither. This bill is intended to prevent local governments from making medicinal cannabis impossible to procure within their jurisdictions without in any way impacting their ability to ban adult use.

Further, this bill would only require medicinal cannabis to be made available through delivery.

No local government would be required to license or permit storefront retail, allowing cities and counties that have resisted the presence of cannabis businesses as contrary to the character and culture of their communities to continue banning brick and mortar establishments where cannabis may be purchased onsite. Instead, cannabis would be available, at a minimum, through either delivery from a non-storefront retailer located within the jurisdiction, or from a retailer located outside the jurisdiction, depending on how the local government chooses to comply with the law.

While this bill enumerates several general types of regulation that could be restricted, any ordinances would only be disallowed to the extent that they "have the effect of prohibiting the

SB 1186

retail sale by delivery of medicinal cannabis." For example, this bill's reference to local regulations of "the operating hours of medicinal cannabis businesses" would not prohibit a local government from placing reasonable restrictions on what hours a business can operate, and the DCC's existing regulations prohibiting retail activity between 10 p.m. and 6 a.m. would still apply. What a local government would not be authorized to do is, as an example, allow medicinal cannabis delivery to only occur for twenty minutes at 7 a.m. every fourth Tuesday.

Determination of what local regulations would "have the effect of prohibiting the retail sale by delivery of medicinal cannabis" would ultimately be the responsibility of the courts. Because the bill's primary enforcement mechanism would be actions for writ of mandate by private parties and the Attorney General, the petitioners would have to argue that while a local regulation does not expressly ban medicinal cannabis delivery, it contains restrictions that diminish access to the extent where obtaining medicinal cannabis through delivery is excessively impractical. This language would give local governments flexibility to determine precisely how they desire to meet the bill's requirements while safeguarding against the passage of draconian ordinances intended to circumvent the intent of the bill.

According to the Author
"Senate Bill 1186 provides Californians with access to safe and tested medical cannabis by requiring local jurisdictions to allow the sale of medical cannabis products by delivery. The bill only applies to delivery and only applies to medical cannabis. Moreover, this bill does not amend or in any way change Prop 64 and does not in any way subvert the will of the voters who supported Prop 64. Under SB 1186, jurisdictions may not prohibit the sale of medical cannabis and can remain in compliance with this bill by limiting the sale of medical cannabis to delivery only. SB 1186 also prohibits local jurisdictions from enacting restrictions on businesses providing medical cannabis products to patients and caregivers that have effect of prohibiting sales. SB 1186 respects the voters' intent, fixes a mistake made by the Legislature when consolidating medical and adult-use cannabis under one regulatory framework, and ensures that Californians have timely and convenient access to safe, effective, and affordable medicinal cannabis and cannabis products."
Arguments in Support
The California Cannabis Industry Association (CCIA) is sponsoring this bill. CCIA writes:
"Cancer patients looking for relief from painful symptoms and treatment; veterans looking for a nonpharmaceutical alternative for PTSD-related sleep issues and stress, and chronic pain sufferers looking for a safe, long-term alternative to opioids - these are the people for whom California wrote the Compassionate Care Act of 1996, and the people to whom we owe a duty of loyalty today. SB 1186 seeks to right this wrong and prioritize patient health by prohibiting local jurisdictions from adopting or enforcing any regulation that blocks the legal sale by delivery of legal cannabis products to qualified medicinal cannabis patients." Arguments in Opposition
The Public Health Institute opposes this bill, writing: "We are particularly concerned by the proposal to restrict the authority of local government to limit sale of certain more harmful products marketed by the cannabis industry, for example ones that imitate candies and food products, use flavors in the same way that Juul sold fruit-flavored vapes to attract youth, or imitate "alcopops" known to be used to initiate youth drinking. The Department of Cannabis Control has consistently failed to address these pressing problems, and Attorney General Bonta

SB 1186

has called attention to the problem of cannabis products imitating candies and food brands marketed to children."

FISCAL COMMENTS
According to the Assembly Appropriations Committee, minor and absorbable costs to the DCC; cost pressure possibly in the low hundreds of thousands of dollars in increased staff workload to the trial courts to hear and adjudicate Medicinal Cannabis Patients' Right of Access Act case; and costs to local governments of an unknown amount to meet the bill's requirements.

VOTES
SENATE FLOOR: 22-9-9
YES: Allen, Atkins, Becker, Bradford, Cortese, Dodd, Durazo, Eggman, Gonzalez, Hueso, Kamlager, Laird, Leyva, McGuire, Min, Pan, Portantino, Roth, Skinner, Stern, Wieckowski, Wiener
NO: Bates, Borgeas, Dahle, Grove, Jones, Melendez, Nielsen, Ochoa Bogh, Wilk ABS, ABST OR NV: Archuleta, Caballero, Glazer, Hertzberg, Hurtado, Limón, Newman, Rubio, Umberg

ASM BUSINESS AND PROFESSIONS: 13-2-4
YES: Berman, Mia Bonta, Gipson, Grayson, Irwin, Lee, McCarty, Medina, Calderon, Ting, Akilah Weber, Friedman, Wicks
NO: Megan Dahle, Fong
ABS, ABST OR NV: Flora, Chen, Cunningham, Cristina Garcia

ASM JUDICIARY: 9-2-0
YES: Stone, Cunningham, Bloom, Haney, Kalra, Maienschein, Reyes, Mia Bonta, Wicks NO: Davies, Kiley

ASM APPROPRIATIONS: 12-4-0
YES: Holden, Bryan, Calderon, Arambula, Mike Fong, Gabriel, Eduardo Garcia, Levine, Quirk, Robert Rivas, Akilah Weber, McCarty
NO: Bigelow, Megan Dahle, Davies, Fong

UPDATED
VERSION: August 22, 2022
CONSULTANT: Robert Sumner / B. & P. / (916) 319-3301 FN: 0003799

City Council Staff Report
DATE: February 6, 2019
AGENDA ITEM NO: Old Business
Agenda Item 2-A
TO: The Honorable Mayor and City Council
FROM: Natalie C. Karpeles, Deputy City Attorney
SUBJECT: Consideration and possible action to introduce Ordinance No. __ An Ordinance to amend the MPMC by enacting various provisions to enforce the City-Wide Prohibition upon cannabis activities not otherwise allowed by California law.

RECOMMENDATION:

It is recommended that the City Council consider:

1. Introducing and waiving first reading of an ordinance establishing various enforcement tools against unlicensed cannabis facilities. Second reading and adoption would be scheduled for February 20, 2019;

2. Alternatively, discuss and take other action related to this item.

EXECUTIVE SUMMARY:

If adopted, the draft ordinance declares unlicensed cannabis facilities to be public nuisances and authorizes the City Manager, City Attorney, and Building Official to abate such nuisances. Among other things, the ordinance would establish a maximum $5,000 daily fine for the continued operation of an unlicensed cannabis facility. Separately, effective January 1, 2019, Government Code § 53069.4 the City to enact an ordinance providing for the immediate imposition of administrative fines or penalties for violations of building, plumbing, electrical or other similar structural, health, safety or zoning regulations, where these violations exist as a result of, or to facilitate, illegal cannabis activities.

DISCUSSION:

While the MPMC prohibits commercial cannabis activities throughout the City, scofflaws often engage in illegal cannabis operations. To avoid detection, illegal cannabis cultivation operations often take place in homes, strip malls and warehouses and almost always include unlawful diverting or tampering with electricity and/or water; and the creation of health and safety hazards (such as risk of fire; unpermitted construction/alterations; inadequate ventilation; and mold growth).

To help combat such illegal activity, the draft ordinance would implement the following:

• It authorizes the Building Official to shut off utilities to unlicensed cannabis facilities;
• It authorizes a maximum daily penalty of $5,000 for failure to remove an unlicensed cannabis facility;
• It makes the person or persons creating, causing, committing or maintaining any an unlicensed cannabis facility including, without limitation, any person owning, leasing, occupying or having charge or possession of real property, responsible for removing the facility and paying the penalty; • Authorizes the City Attorney's office to enforce the regulations without further direction from the City Council and recover attorney's fees for such enforcement; and
• (Per Government Code § 53069.4 as effective January 1, 2019) allows the City immediately impose administrative fines or penalties for health and safety violations attributable to illegal cultivation of cannabis when all of the following are true:
➔ A tenant possesses the property that is subject to administrative action; ➔ The rental property owner or agent provides evidence that the rental or lease agreement prohibits cannabis cultivation; and
➔ The rental property owner or agent did not know the tenant was illegally cultivating cannabis and no complaint, property inspection or other information caused the rental property owner or agent to have actual notice of the illegal cannabis cultivation.

Nothing in the draft ordinance precludes the City from undertaking other enforcement efforts including, without limitation, criminal prosecution.

FISCAL IMPACT:

There are no identifiable fiscal impacts associated with the recommended action. for Natalie C. K~rpeles,
Deputy
City Attorney
ATTACHMENT 1: Draft Ordinance

CITY OF MONTEREY PARK
ORDINANCE NO. 2158

AN ORDINANCE ADOPTED PURSUANT TO THE CITY'S POLICE
POWERS AND GOVERNMENT CODE § 53069.4 TO AMEND THE

MONTEREY PARK MUNICIPAL CODE BY ENACTING VARIOUS

PROVISIONS TO ENFORCE THE CITY-WIDE PROHIBITION UPON

CANNABIS ACTIVITIES NOT OTHERWISE ALLOWED BY
CALIFORNIA LAW.

THE CITY COUNCIL DOES ORDAIN AS FOLLOWS:

SECTION 1: The City Council finds and determines as follows:

A. Article XI, § 7 of the California Constitution empowers the City to enact and enforce ordinances regulating conditions that may be public nuisances or health hazards, or that promote social, economic, or aesthetic considerations.

B. Government Code § 38771 permits general law cities to identify public nuisances by ordinance.

C. Code of Civil Procedure§ 731 permits civil actions to be brought in the name of the people of the state of California to abate public nuisances.

D. Government Code§ 53069.4 authorizes the City Council to subject violations of the MPMC to administrative fines or penalties. To impose such penalties, the Government Code generally requires that the City provide a reasonable time to remedy a violation before the fines can be imposed; especially where the violation pertains to building, plumbing, electrical or other similar issues (collectively, "uniform code violations").

E. Effective January 1, 2019, the City may also enact an ordinance providing for the immediate imposition of administrative fines or penalties for uniform code violations where these violations resulted from illegal cannabis cultivation.

F. The Federal Controlled Substances Act, 21 U.S.C. § 801, et seq., classifies cannabis as a Schedule 1 Drug, which is defined as a drug or other substance that has a high potential for abuse, that has no currently accepted medical use in treatment in the United States, and that has not been accepted as safe for use under medical supervision.

The Federal Controlled Substances Act makes it unlawful under federal law for any person to cultivate, manufacture, distribute or dispense, or possess with intent to manufacture, distribute or dispense, cannabis.

G. The penalties for violating federal law include fines between $10,000 and $50,000 (21 U.S.C. § 841) for first time offenders. California law

Ordinance No. 2158

has similar provisions (see, e.g., Health and Safety Code§§ 11372 and 11379.6).

H. As of the effective date of this Ordinance, the City has not authorized any commercial cannabis activity within its jurisdiction. To the contrary, Monterey Park Municipal Code ("MPMC") § 21.46.020 explicitly prohibits such activity.

I. The City's ability to abate public nuisances through its police powers is well-established (see, e.g., Civil Code§§ 3479, 3480; People ex rel.

Gallo v. Acuna (1997) 14 Cal.4th 1090; People v. Greene (1968) 264 Cal.App.2d 774).

J. City's ability to recover its nuisance abatement costs through local regulations, including, without limitation, reasonable attorney's fees, is also recognized (see City of Santa Paula v. Narula (2003) 114 Cal.App.4th 485, reh'g. den. 2004; City of Flagstaff v. Atchison, Topeka and Santa Fe Railway Co. (9th Cir. 1983) 719 F.2d 322).

K. A statewide initiative entitled the "Control, Regulate and Tax Adult Use of Marijuana Act" ("AUMA") was approved by voters on the November 2016 ballot. AUMA does not, and cannot, affect federal regulations as to cannabis or its derivatives.

L. AUMA expressly preserves local control over the regulation of cannabis-related businesses and cannabis-related land uses (Business & Professions Code§ 26200, et seq.).

M. In City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc. (2013) 56 Cal.4th 729, the California Supreme Court held that "[n]othing in the CUA or the MMP expressly or impliedly limits the inherent authority of a local jurisdiction, by its own ordinances, to regulate the use of its land .... " Additionally, in Mara/ v. City of Live Oak (2013) 221 Cal.App.4th 975, the Court of Appeal held that "there is no right - and certainly no constitutional right - to cultivate medical marijuana ..... " The Court in Maral affirmed the ability of a local governmental entity to prohibit the cultivation of cannabis under its land use authority.

N. It is in the public interest for the City to take appropriate actions to protect citizens and their property from conditions that threaten public health, safety, and welfare including, without limitation, matters that devalue real property.

0. A review of the Monterey Park Municipal Code ("MPMC") shows that it

Ordinance No. 2158

is desirable to update nuisance regulations including, without limitation, provisions prohibiting and abating unlicensed cannabis facilities.

SECTION 2: MPMC § 4.20.100 is amended as follows:
"4.20.100 Notice of violation/compliance order.

A. Before issuing an administrative citation for a violation of a building, plumbing, electrical, mechanical or zoning regulation that does not present an immediate danger to health or safety, the enforcement officer must first issue a written notice of violation/compliance order to the responsible person. The notice of violation/compliance order must contain all of the following:

1. The date on which, and geographic location where, the violation was observed;

2. The code section violated;

3. A description of the conditions causing the code violation;

4. A description of the action required to correct the violation;

5. A reasonable time period for the correction of the violation;

6. Notice that if the violation is not corrected by the date specified in the notice of violation/compliance order, that an administrative citation may be issued and administrative fines imposed for failure to correct violations by the date specified.

B. Notwithstanding the foregoing, if the responsible person is violating building, plumbing, electricaL or other similar structural or zoning regulations as a result of, or to facilitate, the prohibited cultivation of cannabis, the enforcement officer may immediately issue a citation unless all of the following are true:

1. 2.

3. A tenant is in possession of the property:

The property owner provides evidence that the rental or lease agreement prohibits cultivation of cannabis; and
The property owner could not have known of the illegal
cannabis cultivation.

C. This section does not apply for a second or subsequent violation of the

Ordinance No. 2158

same regulation within one year of the first violation." SECTION 3: California Building Code § 110.11, as adopted by Monterey Park Municipal Code ("MPMC") § 16.05.010, is amended to read as follows:
"110.11 Authority to Disconnect Utilities. The Building Official or Fire Marshal is authorized and empowered to cause or order the disconnection or discontinuance of utility service to a building, structure, premises, system, equipment, fixture, or device that is regulated by this Code or by the referenced codes and standards set forth in Section 101 .4, or elsewhere in the Bellflower Municipal Code ("MPMC") (i) when necessary to eliminate or mitigate an immediate hazard to life, health, safety, or property; or (ii) when such building, structure, system, equipment, fixture, or device, or any utility service thereto, has been installed, equipped, altered, or used without requisite approvals, permits, or inspections; or (iii)
when such building, structure, premises, system. equipment, fixture or device is found to be an unlicensed cannabis facility as provided by MPMC Chapter 6.35.

The Building Official or Fire Marshal must attempt to notify the serving utility, and wherever possible the owner and occupant of the building, structure, premises, system, equipment, fixture, or device, of the decision to disconnect before taking such action; provided that the Building Official or Fire Marshal may dispense with any attempt at prior notification if, in the sole discretion of the Building Official or Fire Marshal, the nature or severity of the hazard justifies such inaction. If not notified before disconnecting, the Building Official or Fire Marshal must notify the owner or occupant of the building, structure, premises, system, equipment, fixture, or device in writing of the disconnection as soon as practical thereafter.

The utility service must remain disconnected or discontinued until the Building Official or Fire Marshal releases the utility service. The Building Official or Fire Marshal cannot must not release the utility service until (i) the imminent hazard has been abated or eliminated; or (ii) all requisite approvals, permits, and inspections have been obtained for the building, structure, system, equipment, fixture, or device, or any utility service thereto."
SECTION 4: MPMC Chapter 21.46 is renumbered to Chapter 6.35 in Title 6 and amended in its entirety to read as follows:
"Chapter 6.35 COMMERCIAL CANNABIS ACTIVITIES

6.35.010 Purpose.

Ordinance No. 2158

This Chapter is adopted pursuant to the city's police powers; Government Code§§ 38771-38773.7, 53069.3, and 53069.4, including any successor statutes; and Civil Procedure Code § 731, including any successor statutes, for the purposes of designating unlicensed cannabis facilities as public nuisances; authorizing abatement of such nuisances; and imposing criminal and civil penalties upon persons for causing or permitting such public nuisances. Nothing contained in this chapter is intended to, nor will it, preclude the City from pursuing any other available civil or criminal remedies concurrently or in addition to the proceedings established by this chapter to enforce this Code.

6.35.020 Findings. The City Council finds as follows:

A. Unlicensed cannabis facilities result in blight, decrease property values and deprives surrounding residents and owners of the right to comfortable enjoyment of life and property.

B. Unlicensed cannabis facilities are obnoxious, constitute a public nuisance, and are in an immediate threat to public safety which must be abated to prevent their proliferation.

C. Unlicensed cannabis facilities must be removed as quickly as possible to minimize harm to persons and property in the community.

6.35.030
Prohibition.

Unless otherwise provided by California law, commercial cannabis activity is prohibited within the City of Monterey Park. No use permit, variance, building permit, or any other entitlement, license, or permit, whether ministerial or discretionary, may be issued or approved for any commercial cannabis activity in the City, and it is unlawful for any person to establish or conduct such activities in the City.

6.35.040 Definitions.

Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this chapter. Words and phrases undefined in this Code have the same meaning as set forth in the Compassionate Use Act; the Medical Cannabis Program Act; the Control, Regulate and Tax Adult Use of Cannabis Act; or the Medicinal and Adult-Use Cannabis Regulation and Safety Act:

A. "Commercial cannabis activity" includes cultivation, possession,

Ordinance No. 2158

manufacture, processing, storing, laboratory testing, labeling, transporting, distribution, or sale of cannabis or a cannabis product.

B. "Facility" means a building or other structure at which commercial cannabis activity occurs including, without limitation, a medical marijuana collective.

C. "Incidental expenses" include, without limitation, actual expenses, city administrative costs and other costs of the city of all previous code enforcement efforts, the preparation of the abatement work specifications, contracts, and staff time in inspecting the work, as well as the costs of printing, posting and mailings required by this chapter.

D. "Responsible person" means any person or persons creating, causing, committing or maintaining any public nuisance as defined by this chapter including, without limitation, any person owning, leasing, occupying or having charge or possession of real property.

E. "Unlicensed cannabis facility" means any facility engaging in commercial cannabis activity within the City.

6.35.050
Nuisances - Designated.

It is unlawful and it is declared to be a public nuisance for any responsible person to allow an unlicensed cannabis facility to operate on real property.

This section is not the exclusive definition or designation of what constitutes a nuisance within this city. It supplements and is in addition to other regulatory codes, statutes, and ordinances enacted by the city, state, or any other legal entity or agency having jurisdiction.

6.35.060
Abatement Authority.

The city manager, city attorney, building official, and fire chief are authorized to abate public nuisances summarily or otherwise in the manner provided by this chapter.

6.35.070 Abatement of Nuisance.

Except as specifically provided otherwise by this chapter, the procedural requirements set forth in Chapter 4.30 apply to abating unlicensed cannabis facilities.

6.35.080 Recovery of Costs from Responsible Person.

Ordinance No. 2158

The costs of abatement may be recovered as set forth in this chapter or other applicable law

6.35.090 Failure to Remove Unlicensed Cannabis Facility.

In addition to any abatement costs incurred by the city for closing or removing unlicensed cannabis facilities from private property, failure to voluntarily abate an unlicensed cannabis facility after notification will result in the penalties set forth in this chapter.

6.35.100 Penalty.

A. Any person who violates any provision of this chapter for which no other penalty is otherwise provided is guilty of a misdemeanor.

B. Any responsible person failing to cease operating an unlicensed cannabis facility or removing it upon direction by the city manager, or designee, within the prescribed time period may be liable to the city for a maximum civil penalty of $5,000 per violation per day.

C. Filing a suit for civil penalties is not a bar against, or a prerequisite for, taking other enforcement action, whether criminal, civil or administrative, against a responsible person.

6.35.110 Additional Recovery.

Nothing in this chapter is intended to limit the city's additional remedies for recovering taxes or damages in accordance with any applicable law including, without limitation:

A. Failure to pay business license taxes as required by this code B. Damages owed to the city pursuant for engaging in unlawful business practices in accordance with Business and Professions Code § 17200, et seq.

6.35.120 City Attorney Enforcement.

A. The City Attorney is authorized, without further direction from the City Council, to undertake any or all of the following as to unlicensed cannabis facilities:

1. Commencing a civil action in the superior court to enforce all or any of the provisions of any abatement order;

Ordinance No. 2158

2. Commencing a civil action to abate a public nuisance as an alternative to or in conjunction with an administrative proceeding pursuant to this chapter;

3. Filing a civil action to recover the amount of a confirmed accounting from a responsible person;

4. Filing a criminal action to enforce this Code;

5. Enjoining unlicensed cannabis facilities as unfair business practices that are presumed to nominally damage each and every resident of the community in which the unlicensed cannabis facility operates.

B. Any person acting for the interests of itself, its members, or the general public may bring an action for injunctive relief to prevent future violations or to recover actual damages.

C. The remedies provided by this chapter are cumulative and in addition to any other criminal or civil remedies.

D. Where a civil action is filed, the prevailing party is entitled to reasonable attorneys' fees, but is limited by the amount of attorneys' fees claimed by the city pursuant to Government Code § 38773.5. If the court issues an order or a judgment which finds a public nuisance to exist, and orders or approves the abatement of the public nuisance, or where the court validates an accounting, the court will also award the city its actual costs of abatement, including, without limitation, reasonable attorneys' fees incurred by the city in such judicial proceeding."
SECTION 5:

Environmental Assessment. The City Council finds that the Ordinance is not subject to review under the California Environmental Quality Act ("CEQA") under CEQA Guidelines section 15061 (b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment.

Adopting this Ordinance will not have the effect of deleting or substantially changing any regulatory standards or required findings. This Ordinance would not result in any development or changes to the physical environment. Following an evaluation of possible adverse impacts, it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment.

SECTION 6: Validity of Previous Code Sections. If the entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal of the MPMC or other regulation by this Ordinance will be rendered void and cause such MPMC provision or other regulation to remain in full force and effect for all purposes.

Ordinance No. 2158

SECTION 7: Reliance on Record. Each and every one of the findings and determinations in this Ordinance are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project. The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole.

SECTION 8: Limitations. The City Council's analysis and evaluation of the project is based on the best information currently available. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the City Council's lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are limitations on the City's ability to solve what are in effect regional, state, and National problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework.

SECTION 9: Preservation. Repeal or amendment of any previous Code Sections does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance's effective date.

Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.

SECTION 10: Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provision or application and, to this end, the provisions of this Ordinance are severable.

SECTION 11: Summaries of Information. All summaries of information in the findings, which precede this section, are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.

SECTION 12: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Monterey Park's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within ten (10) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.

SECTION 13: This Ordinance will take effect on the 30 th day following its final passage and adoption.

Ordinance No. 2158

PASSED, APPROVED, AND ADOPTED February 20, 2 19.
4A~~
Peter Crn, Mayor
ATTEST:

Clerk
APPROVED AS TO FORM:

MARK D. HENSLEY, City Attorney
By:

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.

CITY OF MONTEREY PARK )
I, Vincent

0. Chang, City Clerk of the City of Monterey Park, California, do hereby certify that the foregoing Ordinance No. 2158 was introduced, and placed upon its first reading at a regular meeting of the City Council of the City of Monterey Park, held on the 6th day of February, 2019. That thereafter on the 20th day of February, 2019, said Ordinance was duly passed, approved and adopted by the following vote:

Ayes:

Noes:

Absent:

Abstain:

Council Members: Lam, Ing, Liang, Chan
Council Members: Real Sebastian
Council Members: None
Council Members: None
Dated this 20th day of February, 2019.

Vincent D. an , Ci Clerk
City of Monterey Park, alifornia

City Council Staff Report
DATE: August 16, 2023
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Matthew Hallock, Fire Chief
SUBJECT: State Homeland Security Program – Award of Contract to Nappi Fabrications, for the Purchase of a Customized Trailer
RECOMMENDATION:

It is recommended that the City Council consider:

1. Authorizing the Interim City Manager to execute an agreement with Nappi Fabrications, in a form approved by the City Attorney, to purchase a customized trailer, for the amount of $172,640.77;

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

EXECUTIVE SUMMARY:

The County of Los Angeles is a Subgrantee of the State Homeland Security Program (SHSP) that is provided by the U.S. Department of Homeland Security. Per the subrecipient agreement, the County of Los Angeles is authorized to enter into a subrecipient agreement with the City of Monterey Park. A portion ($112,000) of the grant funds awarded to the City of Monterey Park for the 2021 SHSP grant year is earmarked for a customized trailer, Base of Operations.

In accordance with MPMC Chapter 3.20, staff completed a bidding process to identify a qualified vendor. The Request for Bids was advertised on the city’s website as well as disseminated to potential vendors. One bid was received, Nappi Fabrications. Nappi Fabrications has extensive experience in the field. Most notably, the vendor customized a trailer for the City of San Marino’s Police Department, as well as the Southern California Gas Company.

Staff recommends the City Council authorize the Interim City Manager to execute an agreement, in a form approved by the City Attorney, with Nappi Fabrications for an amount not to exceed $172,640 .77. The trailer will be used by Monterey Park’s Fire Department, Urban Search and Rescue crew during large-scale disasters, such as, but not limited to earthquakes, floods, and or search and rescue operations. The equipment will benefit both the residents of Monterey Park as well as Regional Task Force Four (4), which encompasses Glendale, Arcadia, Pasadena, Monrovia, San Gabriel and Alhambra.

Consent Calendar - 3D

Staff Report

August 16, 2023
BACKGROUND:

Monterey Park Fire Department must keep pace with public safety needs in the city and region. Per the subrecipient agreement, “this financial assistance is being provided to the Subrecipient in order to address the unique equipment, training, organization, exercise and planning needs of the Subrecipient, and to assist the Subrecipient in building effective prevention and protection capabilities to prevent, response to, and recover from threats or acts of terrorism.” Monterey Park Fire Department has been awarded SHSP grants in the past and seeks City Council approval for the purchase of a customized trailer, to deploy for emergency management operations.

FISCAL IMPACT:

The City of Monterey Park received $112,000 for the 2021 SHSP grant year.

Grant funds of $112,000 and General Funds have been budgeted in Fiscal Year 2023-2024 budget. No additional funds are requested to cover the total cost of the purchase, $172,640.77.

Respectfully submitted by: Prepared by:

Matthew Hallock
Fire Chief
Angela Loera
Principal Management Analyst
Reviewed by:

Martha Garcia
Director of Finance
Approved by: Reviewed by:

Inez Alvarez
Interim City Manager
Karl H. Berger
City Attorney
ATTACHMENT:

1. Bid – Nappi Fabrications

Staff Report
August 16, 2023
ATTACHMENT 1
Bid – Nappi Fabrications

Clty of Monterey Park
C.BID
The following:

Buitd in Submits its Price Quote for Project Name: Base of Operation, in compliance with the attached requirements as follows:

Total Price Quote "LUMP SUM": g lfG, fq0.zr
The prices must include any and all costs, including labor, materials, appurtenant expenses, taxes, royalties and any and all other incidental costs to complete the project, in compliance with this Bid and all applicable law and standards. All other work items not specifically listed in the above items and/or not shown on the Bid, but are necessary to complete the work per all applicable law and standards are assumed to be included in the bid prices.

Authorized Signature:
0n A/Name and Title:

Tel
Date: v 2"
b -74sz trah 4u lcrs mail.arnE-mail
Company Name: 0ns
APPENDIX I. CITY OF MONTEREY PARK Page A1.1

nryhraorearenDesgns
1291 N. PattStreet
Anaheim, CA 92801
U ltraH aulers@G mail.Com
www.UltraHaulers.om
Estimate
altrnEss
City of Monterey Park
320 West Newmark Avenue
Monterey Park, CA 91754-
2896
€HIP TO
City of Monterey Park
320 West Newmark Avenue
Monterey Park, CA 91754-
2896

ULTFIA-HAULEFISI
E$III'AIE # 3848
IIAIE 06t29t2023
tsl

ACTIVITY
Endosod ftdhr
Fifth wheel 36' 28+8 triple 7000# axles with
hydraulic drum brakes on slipper springs and
electric over hydraulic brake unit.
(Lifetime warranty) on chassis to original owner
as long as it's used for the original purpose for
the life of the unit)
€tandard.Fedures
Standard features include:

Minimum 6'6" headroom in the front room over
the fifthwheel
(ALL TUBE CHASSTS)
Main rails to be minimum 2 x 8 x .188
Floor joist to be 2 x 2 x .083 minimum 16" on
center
Roof and wall beams to be 1.5 x 1.5 x .065 x
minimum 24" on center
Ramp door 30001b. Cap. with spring assist and
stainless twist lock latches and triple grease
hinges
32 x 80 side entry door
1 Pc. seamless roof coil
3/4 plywood floor
Tandem axles with leaf spring suspension 1 with
brakes
235lB0fi6 Commercial truck trailer tires
2" king pin box
Dual safety chains with big hooks and spring
latch
Dual leg landing gear with individual leg control
switches
Foam core insulated
3M bonded smoolh side .040 full hard white
exterior
New 3" trim with radius bottom and fender drop
QTY
1 RATE
156,590.27

0.00 AMOUNT
156,590.277

0.0071

Ai]IIVI{Y
Parts
(2) 110V LED lights 1 ceiling light 12v AC heat
pump as listed in above body, Trailer will have 2
AC heai pump units
Pafts
U shape at desk height counter top 32" height
and 24" deep
CaHnetUlper
Overhead cabinet Will minor the U desk above
(3)2a x 18 x 18 (2)48 x 18 x 18 (Q2ax 18 x 18
All cabinets will have slam latches for security
while in transit.

Pafts
Under cabinet lighting (6) 1 10v or single LED
strip under each section withy dedicated switch
per section
Pails
Windows lobe 112 sliderwith screens
approximately 16" tall and 24" wide in specific
locations above desk or work bench height
Prrts
(6) 110v outlets all around the desk area
Parts
Cabinet on the back wall approximately 72" wide
24" deep locker style for teams personal gear
Parts
Mount customers TV and TV mount bracket
includlng all necessary wiring and 2 CAT 5
cables
Pads
lnsiall customers Radios electronics and
antennas and test
€endm
Exterior passenger side
Pads
Awning 20'passenger side starting from the
entry door back
PnEhts
(4) LED 12V 1 1" light bar in a custom powder
coated recessed pan. Mount at entry door height
under the awning height
Parb
(2) exterior outlets with weather resistant cover
20 Amp
Parts
Exterior TV provision with lift up door install
customers supplied TV and mount bracket
€aMees
Outside cabinet under fifth wheel
Pafts
lnside t he cabinet will house the generator
inverter (2) deep cycle batteries breaker and
(J i i
1 fiAll: AivlOl.lN i

0.007

0.007

0.007

0.007

0.007

0.007

0.007

0.007

0.007

0.007

0.007

0.007

0.007
1 7
1 2
6 1
1 1
2 1

0.007

ACTIVITY
outs
Pado
Walk on roof includes 3/4 plywood underlayment
PailD
Stabilizer Rear scissor jacks
llydnulb Jrokl2k(bx)
Dual Hydraulic Jack, 12k
A/CDeme&Brrsklsk
Brisk 15k Heating/Cooling Unit, White
3/C Oenhg-nssamW 15k $tgbzene. Il[rfre
Air Distribution Box, Ceiling Assembly, White
Pft&bb
LED 12V 1 1" light bar in a custom powder
coated recessed pan 4 on the pit side 2 DS and
2 over the ramp door
Parto
Exterior TV prevision recessed in the wall with a
flip up door on gas struts
Cein.Fleeifng
Coin Flooring, Black (Use 2 part epoxy) per Ft.
lnstalled complete floor and ramp
Panafng
White .040 aluminum panels (laminated)
includes carpeted upper corners and fenders per
Pc. (Foam core insulated)
Panenng
lnside driver side wall to be White (Dry Erase)
panels 1/8 (laminated)
Pads
Fold up work bench Approximately 18" x 96"
CaffietUlpet
Overhead cabinet approximately '1 6" tall lace 12"
deep and 8' long melamine doors and slam
latches
Parts
Desk height counter front room 12'
Pafts
40" height counter back room 14'
Pails
stair case to upper deck
PaItB
Devider wall with sliding door
Paft
Cubby style locker in front room
110V€ystam
1 10V System includes (6) LED ceiling lights
individually switched and labeled. Also includes
all necessary outlets, panel and power inlet,
power to AC units refrigerator TV's Etc. minimum
2 exterior outlets per side
OTY
13 RATE AMOUNT

0.007

0.007

0.007

0.007

0.007

0.007

0.007

0.007

0.007

0.007

0.007

0.007

0.007

0.007

0.007

0.007

0.007
1 2
2 2
8 1
44 20
10 2
3 12
14 0.007

ACTIVITY
Ov8ailery(I-Le5flus)
6V Battery, FLD, 225AH,447RC, ELPT, FLIP
BasaryBot("ey€fngb
Battery Box
Pafts
lnverter minumum 2000 watts with charging
included
Pafts
lnstall customers solar charging kit
Pails
lnstall customers Starlink satellite dish
Pails
lnstall customers TV and bracket includes all
necessary electrical connections
AenerabrZK GaaE\lAP
Gasoline Generator 7K Onan
GeneraW eoqparfirent
Sealed and insulated compartment with access
door
fu€t€y€lem
40 gallon ECI tank with the fill on the driver side
and the station on the pit side just in front of the
axle set includes Fillfeed gauge pump and
station
Peils
Awning 20'electric push button
WderSystam
Water System includes (2) 40 gallon fresh water
tank with gravity fill drain and water outlet to
hose bib or sink. Demand pump 45 PSI 3.0
GPM
€eniiees
(lnterior Main body of traile$
€entfoee
28'box
L shape work station at the front of trailer left
side of steps to the Sth wheel
Approximately 72" across the front and72"
down the driver side approximate depth to be
24" height to be 40" to the top.

CaEhet[8ase
Cabinet Base approximately with toe kick 40" tall
x 72" long 24 deep with melamine doors and
slam latches
Ca$fihotUn6nr
Overhead cabinet approximately 20" tall face 12"
deep and B'long melamine doors and slam
latches Approximately 72" across the front and
72" down the driver side approximate depth to
be 16" lnclude provision for customer supplied
microwave
Pafts
QTY
4 RATE AMOUNT

0.007

0.007

0.007

0.007

0.007

0.007

0.007

0.007

0.007

0.007

0.007

0.007

0.007

0.007
4 1
1 1
1 'l
2 2
4 0.007

ACTIVITY
Under cabinet lighting (2) 1 10v under each 72"
section withy dedicated switch per section
Psrts
Mount customers TV and TV mount bracket
including all necessary wiring and 2 CAT 5
cables
IbD@n 6e00#(B90zhl)
(8) Tie Down 6000# in the floor in specific
locations
Parto
lnstall customers antenna wires and run all
electronics wiring
Sendoes
(lnterior driver side)
Parts
Driver side wall to be dry erase as stated above
PaftE
(2) folding work stations '18" x 72" long to fold
down and latch in place. metal tube frame with
aluminum work top.

Pcrts
Note; (4) outlets above work stations included in
110V system 2 on their own circuit equally
spaced and elevated above work station.
€eniiees
(lnterior passenger side)
Pafts
(2) folding work stations '18" x 72" long to fold
down and latch in place. metaltube frame with
aluminum work top.

Peils
Note; (4) outlets above work stations included in
1 10V system 2 on their own circuit equally
spaced and elevated above work station.

CdlfnetUpper
Overhead cabinet approximately 24" talllace 18"
deep and 48" long melamine doors and slam
latches.

CaEnetU3per
Overhead cabinet approximately 24" tallface 18"
deep and 144" long melamine doors and slam
latches.

Pads
Under cabinet lighting (6) 1 10v or single LED
strip under each section withy dedicated switch
per section
Pafts
Mount customers TV and TV mount bracket
including all necessary wiring and 2 CAT 5
cables
€enfioes
Fifth wheel upper deck minimum 6'6" headroom

QTY RATE AMOUNT

0.007

0.007

0.007

0.007

0.007

0.007

0.007

0.007
I
1 2
1 2
1 2
T
T
T
1 0.007

ACTIVITY
fuse panels with main 12v power shut off
€enifees
Main switch panelconsists of
Pass cab, desk lights, 12v main, 12v office,
office LED, office cab, Ext DRV, EXT PAS, EXT
REAR
Main switch panelwillalso include Remote gen
start switch fuel gauge battery status gauge solar
controls and monitoring inverter controls and
monitoring
Sendeee
Exterior driver side
Pil&hts
LED 12V 1 1" light bar in a custom powder
coated recessed pan
Pails
Wash station servics cabinet close to the front of
the trailer vertical lift up door cabinet
approximately 36 x 36"
Pafts
(2) exterior weather resistant outlets 1 by wash
station (1) towards the rear
Pafts
Ramp door will be 8'tall and full width with
spring assist
PnEhts
LED 12V 1 1" light bar in a custom powder
coated recessed pan over ramp door
Pafts
Fold up screen railto enclose patio area
approximately 36" tall or per industry standard
Accepted By
OTY

SUBTOTAL
TAX (0ol")
TOTAL

RATE AMOUNT

0.00 0.007

0.007

0.007

0.007

0.007
156,590.27

0.00 $156,59027
1 2
1 2
2 T
Accepted Date

June27,2023 Page 2
ATTACHMENT I:

CITY OF MONTEREY PARK

REOUEST FOR BIDS
#MPKFDOOl
PROPOSALS ARE DUE: NOT LATER THAN 10:00 A.M. on July 3' 2023- The City of Monterey Park invites sealed proposals for: Base of Build Operation.

The City of Monterey Park is seeking proposals from qualified firms to provide firefighter uniforms. l. Retum original of Proposal to:

City of Monterey Park
City Clerk Attn:Fire Dept.
320 W. NewmarkAve.

Monterey Park, CA 91754
Proposer must honor proposal prices for sixty (60) days.

Proposals must include this Proposal form and be signed by the vendor's authorized representative.

Award of a contract will be made by the City Council based upon the criteria set forth in this RFP and will be made based upon the best qualified proposer rather than lowest price.

PROPOSER TO READ
I have, read, understood, and agree to the terms and conditions on all pages of this proposal. The this proposal as stated above.

2. 3.
5 undersisned asrees to furnish the
xlaDni FobricaltoNS
commodity or service stipulated on
. ftvt4.Cfr 1280 1
ilmp6n!
ame (Print)
Company Phone No.
3 Person Signing Bid

320 West Newmark Avenue . Monterey Park . Califomia I 1754-2896 www.monterevpa rk. ca.oov

AMENDMENT NUMBER I TO THE BID DOCUMENTS
Amendment Date: June 27,2023
BID DOCUMENT NUMBER #MPKF'DOOI

BASE OF OPERATION BUILD
Except as described below, the original bid document remains unchanged. The bid documents are modified and/or clarified, as follows:

1. Proiect Fundine Undate: The Base of Operation Build will be funded in whole or in part with federal f,yrd* to* tL" Deparbnent of Homeland Security. The awarded contractor is required to follow applicable federal, state, and local policies and requirements, including the OMB Uniform Guidance (2 cFR200).

2. ATTACHMENTS: The bid packet is amended to include the following documents, to be included in bid packet; Attachment (I) acknowledgement of requirements; Attachment (II) Bidder's Statement of Past Contract Disqualification.

If you need further directions regarding the location of this pre-bid conference, please contact Angela Loera at aloera@montereypark. ca. gov.

BIDDER MUST ACKNOWLEDGE THIS AMENDMENT BY SIGNING BELOW AND
C

CITY OF MONTEREY PARK
Company Name
Contact Person
Signature
Date
0n
A. This Amendment shall be considered part of the bid documents for the above'mentioned project as though it had been issued at the same time and shall be incorporated integrally therewith. Where provisions of the following supplementary data differ from those of the original bid documentso this Amendment shall govern and take precedence. BIDDERS MUST SIGN THE AMENDMENT AND SUBMIT IT WITII THEIR BIDS.

B. Bidders are hereby notified that they shall make any necessary adiustments in their estimates as a result of this Amendment. It will be construed that each bidder's proposal is submitted with full knowledge of all modifications and supplemental data herein. t+tr
Pide in the Past o Faith in the Future

CITY OF MONTEREY PARK
320 West Newmark Avenue . Monterey Park . Califomia 91754-2896 !r A ry.monleEvpe$.se.s9y
AMENDMENT NUMBtrR 2 TO THE BID DOCUMENTS
Amendment Date: June 2812023
BID DOCUMENT NUMBER #MPKFDOOI
BASE OF OPERATION BT]ILD
Except as described below, the original bid document remains unchanged. The bid documents are modified and/or clarified, as follows:

PERFORMANCE BOltlD: A Performance Bond will be required upon award of project. The Performance Bond amount will be l0% of the total cost to build the project. The cost of the Performance Bond should be included in the Bid Total Cost.

If you need further directions regarding the location of this pre-bid conference, please contact Angela Loera at aloera@montereypark. ca. gov.

BIDDER MUST ACKNOWLEDGE THIS AMENDMENT BY SIGNING BELOW AND ATTACHTNG THE SIGNF,D AMENDMENT TO THE BID FORM:

CompanyName
Contact Person
Date v
A. This Amendment shall be considered part of the bid documents for the above-mentioned project as though it had been issued at the same time and shall be incorporated integrally therewith. Where provisions of the fotlowing supplementary data differ from those of the original bid documents, this Amendment shall govern and take precedence. BIDDERS MUST SIGN THE AMEI\DMENT AI\D SUBMIT IT WITH TIIEIR BIDS.

B. Bidders are hereby notified that they shall make any necessary adjustments in their estimates as a result of this Amendment. It will be construed that each bidder's proposal is submitted with full knowledge of all modifications and data herein.

Pide in the Past o Faith in the Future

June27,2023
ATTACHEMENT II:

BIDDER'S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS
Please state all instances ofbeing disqualified, removed, or otherwise prevented from bidding on, or completing, a federal, stateo or local government project due to a violation of a law or safety regulation.

1. Have you ever been disqualified from any government contract?

Yes No

2. If yes, explain the circumstances:

X

FORMcoNrRoLNo. 1 5 0 6 7 3 5 SIGNATURE OF LICENSEE
HH!-",HH

VEHICLE
; ii
TLR
r$suED
TO
VALID
7 Lic. No.93420
A Public Service AgencY
30,2023Date lssued: MAY 1,2021
and displayed in the officeThis I
This license is valid for the period
at the address shown below, Pu

NAPPI FABRICATION
1291N PATT.ST

ANAHEIM CA

ONLY AT
CaliforniaLicense must be renewed prior to expi
11620 or 1171Code Sections 11105, 11105'6, 11204, 11410' 11

DISPLAY CONSPICUOUSLY AT PLACE OF BUSINESS FOR WHICH ISSUED

CALI FORNIA STATE BOARD OF EQUALIZATION
. SELLER'S PERMIT

ACCOUNTNUMBER
I stto/2016 sn EA 102-977709

DES I GNS
I

NAPP I FABRI CATI ON

JAISON V NAPPI
rzgt N PATT ST
NOTICETO PERMITTEE:

You ae required lo ohey all
Fedenl and Slale /avvs fhal
tegulate or conttol your
,Jusiness. fhis pemit does
not allow you lo do
olhelu,,se.ANAHEmI, CA 92801-2550
L I
IS HEREBY ATITHORIZED PURSUANI TO SALES AND USETAX I.AW TO ENGAGE II,I THE EUSII'IE$S CF SELLING T.AI'IGIBLE PERSOI{AL PROPERry AT THE ABOVE IOC,ATIOI.I.

Tl'lls PEBtllT lS v^LlD Ol.lLY AT THE ABOVE ADDIIESS,
TTIIS PENM]IT ls VALID.UNTII H€VOKED OR CANCELED AND !S NOIIRNNSFENABTE IF YOU SELL-YOIIB BUSINESS OR DROP OUTOF A PAFITNERSHIP. NOTIFY US ORYQU COULO BE FESPONSIBLE FOR SALES AND USE T&\€S OWED BY THE NEW OPERATOR OF THE EUSINESS.

Nol valicl at any other addrcss
For general tax questions, please call our Customer Service Center at 1.800-400-7115 fITf:711).

For lnformation;Qfi Vour rights, contact the Taxpayers' Rights Advocate office at 1-888-324-2798 or 1-916-324-2798.' BOF-442-R REV. 16 (1 1 -14)

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYN
01t31t2023
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

RED,thepolicy(ies)musthaveADDlTloNALlNsUREDprovislonsorbeendorsed. lf SUBROGATION lS WAIVED, subject to the terms and conditions of the policy, certain policies may requlre an endorsement. A statement on this certlficate does not confer rights to tho certlflcate holdor ]n lieu of such endoreement(s).

PROOUCER
Hawley lnsurance; PlAAfiiliate
2729 Satum Street St€ B
Brea cA 92821
Stephanie Fields
ljlP\l "-,.
(714) 528-e6oo AX
ArC Ndl: (714) 528-6s00
servic€@hawleyinsuranceservlces.com
INSURER{SI AFFORDING COVERAGE NAIC *
rNsuRER A : G€at American lnsurance Gompany of New York

INSURED
Jaison Nappi, DBA: Nappi Fabrication Designs/Uftra Haulers 1291 N PaftStreet
Anaheim cA 92801
lNsuRER a r Falls Lake Fire & Casualty Company 15884
INSURER C :

INSURER O r
INSURER E:

INSURER F:

CERTTFTCATENUMBER: CL23'13104848 NUMBER:

BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

LISTEDTHIS IS TO CERTIFYTHATTHE POLICIES OF
uulTsPOLICYNUMBERINSR

LTR TYPE OF INSURANCE
FACH OCCTIRRFNCF $ 1,000,000
c 100,000UAMASE IUKBNIEU
PRFMISFS aFa dmurcne)
MED EXP fAnv one oeMn) $ 5,000
PERSONAL&ADV INJURY $ 1,000,000
GFNERAL AGGREGATE $ 2,000,000
pRoDueiTs - coMp/oP AGG s 2,000,000
$
1YG425873D o'U18t2023 01t',t8t2024
Deductibles
A

COMMERCIAL GENERAL LIABILITY
ECLAIMS.T'ADE OCCUR
POLICY
OTHER:
$
BODILY INJURY (Per peFon) $
BODILY INJURY (Per accidont) $
G
$

ANYAUTO
OWNED

AUTOS ONLY
HIRED

AUTOS ONLY AUTOS ONLY

SCHEDULED
AUTOS
NON.OWNED

AUTOMOBILE UABILIIY
FA(1TI O(:(:I IRRFNCF s
$AGGREGA]E
UMBRELLA L!AB
EXCEgS LIAB
OCCUR
CLAIM$MADE
$DED RETENTION S
x
tsEK
STATI ITF OTH.

FFI
E L. EACH ACCIDENT $ 1,000,000
F.I . NISEASE - EA EMPLOYEE $ 1,000,000
F ! ntsFAsF - POt tcY I lMtT $ 1,000,000
NIA FLAo'1073+04 0112112023 0112112024B
WORKERS COMPEN$ATION

AND EMPLOYERS' LIABILITY

ANY PROPRIEIOFUPARTNERYEXECUTIVE
OFFICEFYMEMBER EXCLUDED?
(Mandalory ln l{H)
lfys, d€scribo undsr
DESCRIPTION OF OPERATIONS below
Y'
OESCRIPnONOFOPERATKTNS/LOGAnONS/VEHICLES (ACORDtol,AddiilonalRemarlGSchedulc,msybsattechodlfmoreEpaeiEruqulred) SHOULD ANY oF THE ABOVE DESGRIBED POUCIES BE CAI,ICELLEO BEFoRE

THE HXPIRANON DATE THEREOF, NOTICE WLL BE DELIVERED IN
AGCORDANCE wlTH THE POLICY PROVISIONS.

AUTHORZED REPRESENTATTVE
Proof of lnsuranc€
@ 1988-2015ACORD CORPORATION. All rights resowed.

The ACORD name and logo are reglslered marks of ACORDAcoRD 25 (2016/03)

City of Monterey Park

REFERENCES
Provide 3 references regarding your company's past performance in similar type of work.

Contract
Value
Date
Completed
Reference Project
NameReference Contact lnformation
client Name' S 0 CftL AkS b .

Contact Name and Title n
oTel No
soc^l
04t @m
hvi sE-mail: I S
575DK l--7
9>uvQas.fueraen4q
MobiL
LOnvrran d
Date
Completed
Reference Project
Name
Contract
ValueRefe rence Contact I nformation . (.ow
f6*n ft[erlu
Contact Name and Title:
relNo: Vilr.3$O - 01?2,
Client Nam
)5qtK s lzoz
ztf-l
wroler
DUI
Lomrvwu
ros+.

E-mair: Ti ebbeft gesrnpd,uf
Contract
Value
Date
CompletedRefe rence Contact I nformation Reference Project Name
crient Name, LeC Ta CkSln
hp'S&rys*d rit$r ck son
Tel No: b2-b. rzs.7b0s+
rln2:>#*a
t-
tJ6h
2oogs
E-mail bxu. 826.7712 -Tt
APPENDIX 1. CITY OF MONTEREY PARK Page A1.9

Attachment 1: Tax Adjustment

ITEM QUANTITY UNIT PRICE
1 1 156,590.27$
1 Tax Base Adjustment Rate of 10.25% 16,050.50$
172,640.77$

DESCRIPTION
Customized Fifth Wheel
BID PRICE TAX ADJUSTMENT FROM 0% TO 10.25%
TOTAL:

City Council Staff Report
DATE: August 16, 2023
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: City Parks Playground Replacement Project – Award of Contract RECOMMENDATION:

It is recommended that the City Council consider:

1. Authorizing the Interim City Manager to execute a public works contract, in a form approved by the City Attorney, with R.E. Schultz Construction, Inc. in the amount of $986,149 for City Parks Replacement Project, Specification No. 2023-007;

2. Authorizing the Director of Public Works to approve change orders and contingency up to $25,000 and the Interim City Manager up to $60,000;

3. Authorizing the appropriation of an additional $286,700 from Development Impact Fund – 231 for this project; and

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

CEQA (California Environmental Quality Act):

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

EXECUTIVE SUMMARY:

Per Resolution No. 2022-R52, the Public Works Director solicited bids for the City Parks Playground Replacement Project, Capital Improvement Project Nos. 95018, 95019, 95020, 95021, 95022, and 95024. The public bid opening for this project was held on July 27, 2023. One bid was received from R.E. Schultz Construction, Inc.

Staff recommends that the City Council authorize the Interim City Manager to execute a Public Works contract with R.E. Schultz Construction, Inc for the City Parks Playground Replacement Project in the amount of $986,149 plus $60,000 contingency. Additionally, staff recommends the City Council approve an additional appropriation of $286,700 from

Development Impact Fund – 231 to execute the proposed contract.

Consent Calendar - 3E

Staff Report

August 16, 2023

BACKGROUND:

On May 17, 2023, City Council approved the designs for playgrounds located at Bella Vista, Garvey Ranch, Highlands, and Sequoia Parks and approved a purchase order to procure playground equipment from Superior Recreation Products. Staff prepared a bid package for the installation of six playgrounds at the different parks. The City Parks Playground Replacement project was then advertised on July 13, 2023. The scope of this project includes the following work at each park:

Sequoia Park
The design of the concrete improvements includes the installation of approximately 134 square feet of 4” sidewalk repair; 2,680 square feet of poured-in-place surfacing; demolition and installation of new playground equipment a t Sequoia Park. This project will replace old playground equipment with new playground equipment.

Garvey Ranch Park
The design of the concrete improvements includes the installation of approximately 1,449 square feet of 4” sidewalk repair; 5,320 square feet of poured-in-place surfacing for the larger playground; 970 square feet of poured-in-place surfacing for a smaller playground; and demolition and installation of new playground equipment at Garvey Ranch Park. This project will replace old playground equipment with new playground equipment.

Bella Vista Park
The design of the concrete improvements includes the installation of approximately 830 square feet of 4” sidewalk repair; 2,390 square feet of poured-in-place surfacing for a playground; and demolition and installation of new playground equipment at Bella Vista Park. This project will replace old playground equipment with new playground equipment.

Highlands Park
The design of the concrete improvements includes the installation of approximately 227 square feet of 4” sidewalk repair; 4,820 square feet of poured-in-place surfacing for a larger playground; 1,000 sq demolition and installation of new playground equipment at Highlands Park. This project will replace old playground equipment with new playground equipment.

Staff opened bids on July 27, 2023, for the City Parks Playground Replacement Project, Specification 2023-007, and completed the review of the only bid submitted. The review resulted in the identification of a m athematical error when totaling all the individual bid schedules, showing the total bid to be $1,119,841.50 while it should be $980,17 3. The updated bid amount and the recommended addition of Alternate Bid #1 for $5,976 results in a total contract amount of $986,149. Because only one bid was received, the City may directly negotiate with the apparent successful bidder; the total bid price is, therefore, $986,149 (wth the Alternative Bid #1). R.E. Schultz Construction, Inc. contractor’s license was verified with the California State Contractor’s License Board to be current, active, and in good standing. Registration with the California Dep artment of Industrial Relations

Staff Report

August 16, 2023

(DIR) was verified. Staff also contacted contractor’s references and received positive feedback.

2023-2024 STRATEGIC PLAN GOAL:

The proposed contract supports the City’s goal to encourage the use of public parks and facilities by preserving existing park space and improving park amenities. The replacement of six playgrounds will provide the community access to new, safe, and modern playground improvements.

FISCAL IMPACT:

Funds for this project have been budgeted in Capital Improvement Project (CIP) No. 95018, 95019, 95020, 95021, 95022, and 95024. The estimated costs for this project are over the project’s budget. Therefore, it is recommended that an additional $286,700 from Development Impact Fund-231 be appropriated to the project budget.

CIP 95018, 95019, 95020, 95021, 95022, 95024 – CITY PARKS

PLAYGROUND REPLACEMENT PROJECT
Design & Playground Equipment $869,551.00
Base Bid Amount $980,173.00
Alternate Bid #1 Amount $5,976.00
Contingency $60,000.00
Project/Construction Management/Inspection $71,000.00
Total Estimated Project Cost $1,986,700.00
Project Budget $1,700,000.00
Additional Funding Request $286,700.00
New Proposed Budget $1,986,700.00

Respectfully submitted by:

Reviewed by:

Shawn Igoe
Director of Public Works

Martha Garcia
Director of Finance

Staff Report

August 16, 2023

Approved by:

Reviewed by:

Inez Alvarez
Interim City Manager
Karl H. Berger
City Attorney

ATTACHMENT:

1. R.E. Schultz Construction, Inc. Bid Proposal

Staff Report
August 16 2023

ATTACHMENT 1
R.E. Schultz Construction, Inc Bid Proposal

Consent Calendar - 3F

SCE Doc. 106529 & 212847 Att. Contract No. 9.2013
(Formerly Contract No. L1891)

I nitial (_______)/(_____/______)
Licensor/Licensee
-1-

Rev9 2023-03-08 JR-JC

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

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37.INDUCED VOLTAGES

38.NOTICES

39.RECORDING

40.COMPLETE AGREEMENT

41.SIGNATURE AUTHORITY

42.SURVIVAL
APPENDIX: GUIDELINES FOR STANDARD LICENSEE IMPROVEMENTS

ADDENDUM(S)

PARKING

PARK USE

NON-MOTORIZED BIKING AND HIKING TRAILS

TREES/LANDSCAPING

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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, A MUNICIPAL CORPORATION, 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 all of Assessor’s Parcel Numbers 5274-001-800 and 5274-001-801, situated in the City of Monterey Park, 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:

ŏ 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.

ŏ Licensee is not a tenant or lessee of Licensor and holds no rights of tenancy or leasehold in relation to the Property.

ŏ 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.

ŏ 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.

ŏ 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.

ŏ 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 . U se: Licensee will use the Property for park and public recreation 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 . T erm: 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 December, 2023 and ending on the last day of November, 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 Five Hundred Seventy Nine and 26/100 Dollars ($579.26) upon the execution and delivery of this Agreement with subsequent quarterly payments as specified below. 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. Payment schedule:

Year Term Yearly
Amount
Quarterly
Amount
Payment Due
First Day O
f
First Year Dec. 1, 2023-N ov. 30, 2024 $2,317.05 $579.26 2023 Dec.
2024
March/June/
Sept.

Second Year Dec. 1, 2024-N ov. 30, 2025 $2,433.00 $608.25 2024 Dec.
2025
March/June/
Sept.

Third Year Dec. 1, 2025-N ov. 30, 2026 $2,555.00 $638.75 2025 Dec.
2026
March/June/
Sept.

Fourth Year Dec. 1, 2026-N ov. 30, 2027 $2,683.00 $670.75 2026 Dec.
2027
March/June/
Sept.

Fifth Year Dec. 1, 2027-Nov. 30, 2028 $2,817.00 $704.25 2027 Dec.
2028
March/June/
Sept.

All accounts not paid by the agreed upon due date may be subject to a late fee of up to 20% of the amount that was due on the date.

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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 disease/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 contractual 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.

The failure to maintain such insurance may be deemed by Licensor a material default of this Agreement and grounds 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 this 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 property, 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

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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, other 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 Propertyand/or any fixtures thereon. Licensee expressly acknowledges that 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 Licensee’s activities on the Property, including its use and/or removal of Licensee’s personal property. Licensee further acknowledges 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.

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8 . H eight 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 clearances 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) 2 5 feet
Telecom 18 feet

A ll 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 . A ccess 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 with 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 aprons 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:

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.

1 0 . P a r k i n g : L i c e n s e e w i l l n o t p a r k , s t o r e , r e p a i r o r r e f u e l a n y m o t o r v e h i c l e s o r a l l o w parking, storage, repairing or refueling of any motor vehicles on the Property unless specifically approved in a writing executed by Licensor.

1 1 . W e e d s , B r u s h , R u b b i s h a n d D e b r i s ( W e e d A b a t e m e n t ) : L i c e n s e e w i l l k e e p t h e P r o p e r t y clean, free from weeds, brush, rubbish and debris and in a condition satisfactory to Licensor.

1 2 . F l a m m a b l e s , W a s t e a n d N u i s a n c e s : U n l e s s p e r m i t t e d b y L i c e n s o r i n w r i t i n g , L i c e n s e e 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 for 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.

1 3 . P e s t i c i d e s a n d H e r b i c i d e s : A n y p e s t i c i d e o r h e r b i c i d e a p p l i c a t i o n s a n d d i s p o s a l s w i l l b e made in accordance with all Federal, State, County and local laws. Licensee will dispose of all pesticides,

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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.

1 4 . H a z a r d o u s M a t e r i a l a n d W a s t e : L i c e n s e e w i l l n o t e n g a g e i n , o r p e r m i t a n y o t h e r p a r t y 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.

1 5 . S i g n s : L i c e n s e e m u s t o b t a i n w r i t t e n a p p r o v a l f r o m L i c e n s o r p r i o r t o t h e c o n s t r u c t i o n o r 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 the Property, (ii) offensive to the public, or (iii) which Licensor, in its reasonable discretion, deems objectionable.

1 6 . F e n c i n g a n d E x i s t i n g F i x t u r e s : L i c e n s o r d i s c l a i m s a n y a n d a l l e x p r e s s o r i m p l i e d 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 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.

1 8 . I r r i g a t i o n E q u i p m e n t : A n y i r r i g a t i o n e q u i p m e n t l o c a t e d o n t h e P r o p e r t y p r i o r t o t h e 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.

1 9 . U n d e r g r o u n d a n d A b o v e - G r o u n d T a n k s : L i c e n s e e w i l l n o t i n s t a l l u n d e r g r o u n d o r a b o v e - ground storage tanks, as defined by any and all applicable laws or regulations, without Licensor's prior written approval in accordance with Article 6.

2 0 . U n d e r g r o u n d F a c i l i t i e s : A n y u n d e r g r o u n d f a c i l i t i e s m u s t b e a p p r o v e d b y L i c e n s o r pursuant to Article 6. Licensee must contact Dig Alert and comply with the applicable processes, policies

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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 ninety percent (90%). Licensee will relocate its facilities at its own expense so as not to interfere with Licensor's proposed facilities.

2 1 . U t i l i t i e s : L i c e n s e e w i l l p a y a l l c h a r g e s a n d a s s e s s m e n t s f o r , o r i n c o n n e c t i o n w i t h , w a t e r , electric current or other utilities which may be furnished to or used on the Property.

2 2 . T a x e s , A s s e s s m e n t s a n d L i e n s : L i c e n s e e w i l l p a y a l l t a x e s a n d a s s e s s m e n t s w h i c h m a y 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 outstanding up to the maximum rate allowed by law.

2 3 . E x p e n s e : L i c e n s e e w i l l p e r f o r m a n d p a y a l l o b l i g a t i o n s o f L i c e n s e e u n d e r t h i s A g r e e m e n t .

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 Licensee 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.

2 5 . C o m p l i a n c e w i t h L a w s a n d R e g u l a t i o n s : L i c e n s e e w i l l c o m p l y w i t h a l l a p p l i c a b l e f e d e r a l , 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 requirements 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.

2 7 . I n d e m n i f i c a t i o n ; A s s u m p t i o n o f R i s k ; R e l e a s e : L i c e n s e e s h a l l h o l d h a r m l e s s , d e f e n d a n d 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 indirectly, 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 the Property, any improvements constructed or installed thereon by Licensee,

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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 thirty (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

2 9 . E v e n t s o f D e f a u l t : I n a d d i t i o n t o m a t e r i a l d e f a u l t s o t h e r w i s e d e s c r i b e d h e r e i n , t h e 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.

(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.

(d)  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 Licensee'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 Property 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.

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(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 required 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 eff ected 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 or refuses to remove any of Licensee’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 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 prior 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.

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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 PROFITS, 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.

3 3 . N o n - P o s s e s s o r y I n t e r e s t : L i c e n s o r r e t a i n s f u l l p o s s e s s i o n o f t h e P r o p e r t y a n d L i c e n s e e will not acquire any possessory interest, whether temporary, permanent, or otherwise by reason of this Agreement, or by the exercise of the permission given 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.

3 4 . W a i v e r : L i c e n s o r s h a l l n o t b e d e e m e d t o w a i v e a n y p r o v i s i o n o f t h i s A g r e e m e n t o r a l l y o r 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.

3 5 . A u t h o r i t y : T h i s A g r e e m e n t i s e x e c u t e d s ubject 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 License is made conditional upon the right of the Licensor either on order of the Public 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.

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.

3 6 . E l e c t r i c a n d M a g n e t i c F i e l d s ( “ E M F ” ) : T h e r e a r e n u m e r o u s s o u r c e s o f p o w e r f r e q u e n c y 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

SCE Doc. 106529 & 212847 Att. Contract No. 9.2013
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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.

3 7 . I n d u c e d V o l t a g e s : L i c e n s e e h e r e b y a c k n o w l e d g e s t h a t a n y s t r u c t u r e s ( i n c l u d i n g , b u t n o t 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 injuries 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 around 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.

3 8 . N o t i c e s : A l l n o t i c e s r e q u i r e d t o b e g i v e n b y e i t h e r p a r t y s h a l l b e m a d e i n w r i t i n g a n d 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
V egetation & Land Management
L and Management – Metro Region East
2 Innovation Way
P omona, CA 91768
E mail: [email protected]

To Licensee: City of Monterey Park
3 20 West Newmark Avenue
M onterey Park, CA 91754
Email: [email protected]

Business Telephone No. (626) 307-2506