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: E
nvironmental 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: A
mendment. 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
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2. “L ocked 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 AUGUST 16, 2023, ITS SECOND READING ON SEPTEMBER 6, 2023 , AND WAS DULY PASSED,
APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MONTEREY PARK AT ITS REGULAR MEETING OF SEPTEMBER 6, 2023.
Jose Sanchez, Mayor
ATTEST:
________________________________
Maychelle Yee, City Clerk
APPROVED AS TO FORM:
KARL H. BERGER, City Attorney
________________________________
Justin A. Tamayo, Deputy City Attorney
Staff Report
September 6, 2023
ATTACHMENT 2
August 16, 2023 , City Council Staff Report
(without attachments)
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.;
June 21, 2023
City Council Staff Report
DATE: September 6, 2023
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Jessica Serrano, Director of Community Development SUBJECT: Waive further reading and adopt an Ordinance amending the Monterey Park Municipal Code, Chapter 21.19, entitled “Inclusionary Housing” to implement the Monterey Park Housing Element (Zoning Code Amendment No. 22-01 (ZCA-22-01)).
RECOMMENDATION:
It is recommended that the City Council consider:
1. Waiving the second reading and adopting the proposed Ordinance; and
2. Taking such additional, related, action that may be desirable.
EXECUTIVE SUMMARY:
The Ordinance was introduced and received first reading at the August 16, 2023 City Council meeting. At the same meeting, City Council directed staff to seek out a consultant to conduct a financial evaluation of the inclusionary housing ordinance. The original staff report (from August 16, 2023) is attached for reference. Second reading and adoption of the Ordinance is recommended. If adopted, the Ordinance will take effect in 30 days.
Respectfully submitted by: Prepared by:
Beth Chow, AICP
Interim Planning Manager
Approved by: Reviewed by:
Inez Alvarez
Interim City Manager
Karl H. Berger
City Attorney
Jessica Serrano
Director of Community
Development
Consent Calendar - 3K
Staff Report
September 6, 2023
ATTACHMENTS:
1. Draft Ordinance – Zoning Code Amendment (ZCA-22-01) – Amending Chapter
21.19, entitled “Inclusionary Housing”
2. City Council Staff Report, dated August 16, 2023 (without attachments)
Staff Report
September 6, 2023
ATTACHMENT 1
Draft Ordinance – Zoning Code Amendment (ZCA-22-01) – Amending Chapter
21.19, entitled “Inclusionary Housing”
ORDINANCE NO.
AN ORDINANCE ADDING CHAPTER 21.19, ENTITLED
“INCLUSIONARY HOUSING,” TO THE MONTEREY PARK MUNICIPAL
CODE
The City Council of the City of Monterey Park does ordain as follows:
SECTION 1: The City Council finds and declares that:
A. On January 19, 2022, the City Council adopted the 2021-2029 Housing Element in accordance with California law. The Housing Element was certified on March 30, 2023.
B. Goal 4 of the City’s 2021-2029 Housing Element seeks to provide housing that meets the needs of all economic segments of the community.
C. Policy 4.1 of the Housing Element encourages the use of regulatory structures to facilitate affordable housing.
D. Program 15 of the Housing Element identifies Inclusionary Housing regulations as a method for increasing affordable housing.
E. To help implement the Housing Element, the City drafted the proposed Ordinance (“ZCA 22-01”) pursuant to Monterey Park Municipal Code (“MPMC”) § 21.38.020.
F. On September 7, 2022, the City Council discussed draft inclusionary housing regulations. At that meeting, the City Council gave direction to the Interim Community Development Director regarding how such regulations should be drafted.
G. On September 27, 2022, the Planning Commission conducted a duly noticed public hearing to assess the proposed MPMC amendments in ZCA 22-01.
H. On November 2, 2022, the City Council conducted a duly noticed public hearing regarding ZCA-22-01. Following the public hearing, the City Council referred the ordinance back to the Planning Commission for additional consideration, with direction to the Interim Community Development Director to include an option for land donation as part of the inclusionary housing regulations.
I. 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.
J. Notice of Public a Hearing before the Planning Commission was duly given and published in the time, form, and manner as required by law.
K. In Building Industry Association v. City of San Jose (2015) 61 Cal.4th 435, the California Supreme Court upheld cities’ ability to adopt inclusionary housing requirements utilizing their police powers.
L. Pursuant to Government Code §§ 65850 and 65850.1, cities may adopt ordinances requiring inclusionary housing requirements for rental residential developments so long as they offer alternative means of compliance.
M. On April 25, 2023, the Planning Commission conducted a duly noticed public hearing regarding ZCA 22-01. Thereafter, it adopted Planning Commission Resolution No. 02-23 recommending that the City Council adopt this Ordinance.
N. The findings in this Resolution are made based on the entire administrative record including testimony and evidence presented to the Planning Commission on September 27, 2022; the City Council at its November 2, 2022, public hearing; the April 25, 2023, public hearing before the Planning Commission; and the public hearing held by the City Council on including, without limitation, the staff reports submitted by the Community Development Director.
SECTION 2: Pursuant to MPMC § 21.38.050, the City Council finds as follows:
A. The MPMC regulations in this Ordinance are consistent with the goals, policies and objectives of the General Plan. Among other things, these regulations will provide housing opportunities for households in all income levels without constraining housing development in the City.
B. These regulations will not adversely affect surrounding properties. Such regulations will operate citywide and will not affect a change in the use or the intensity of use of property in any zone.
C. These regulations promote public health, safety, and general welfare and serve the goals and purposes of the MPMC’s zoning regulations. The inclusionary housing regulations will continue to promote the public health, safety, and general welfare while serving the goals and purposes of the zoning regulations. Among other things, the regulations will facilitate creation of housing to address the Legislature’s determination regarding a statewide housing shortage for households of very low-, low-, and moderate-incomes.
SECTION 3. Environmental Assessment. 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
Ordinance No.
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).
.
SECTION 4: A new Chapter 21.19 is added to the MPMC to read as follows:
“Chapter 21.19
INCLUSIONARY HOUSING
21.19.010 Purpose.
21.19.020 Definitions.
21.19.030 Applicability; Exemptions.
21.19.040 Inclusionary Housing Unit Requirements.
21.19.050 Alternative Compliance.
21.19.060 Standards for Inclusionary Housing Units.
21.19.070 Eligibility Requirements.
21.19.080 Inclusionary Housing Plan.
21.19.090 Inclusionary Housing Agreement.
21.19.100 Modifications or Waivers.
21.19.110 Administration and Enforcement.
21.19.010 Purpose.
This Chapter is adopted in accordance with Article XI, § 7 of the California Constitution and Government Code §§ 65850 and 65850.1 for the purpose of establishing requirements, standards, and procedures to facilitate affordable housing development for a range of households with varying income levels.
21.19.020 Definitions.
Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter:
A. “Affordable housing” means dwelling units made available to low-, very low-, or moderate-income households.
B. “Affordable housing cost” has the same meaning as set forth in Health and Safety
Ordinance No.
Code § 50052.5 and any successor statute or regulation.
C. “Affordable rent” has the same meaning as set forth in Health and Safety Code § 50053 and any successor statute or regulation.
D. “Area median income” means the median family income of a geographic area.
E. “Developer” means the person or persons seeking City approval of a project.
F. “Director” means the City Manager, or designee.
G. “Dwelling unit” means one or more rooms, designed, occupied, or intended for occupancy as separate living quarters, with full cooking, sleeping, and bathroom facilities for the exclusive use of a single household.
H. “Eligible household” means a household eligible to purchase or rent an inclusionary housing unit, as applicable.
I. “Health care facility” means a facility, place, or building, other than a hospital, which is maintained and operated as a residence for patients to provide them long-term medical care, and includes nursing homes, intermediate care facilities, extended care facilities, hospice homes, and similar facilities licensed by the California Department of Health Services pursuant to Health and Safety Code § 1200, et seq.
J. “HUD” means the United States Department of Housing and Urban Development.
K. “Inclusionary housing unit” means a dwelling unit built pursuant to the requirements of this chapter and made available to very low-, low-, or moderate-income households.
L. “Inclusionary housing in-lieu fee” is a fee adopted by city council resolution in accordance with this chapter the payment of which may satisfy a developer’s obligations in this chapter.
M. “Low-income household” means a household income that does not exceed 80% of area median income for Los Angeles County, as published periodically by HUD, pursuant to Health and Safety Code § 50079.5 and any successor statute or regulation.
N. “Market rate unit” means a dwelling unit where the rental rate or sales price is not restricted by applicable law.
O. “Moderate-income household” means a household income that does not exceed 120% of area median income for Los Angeles County, as published periodically by HUD, pursuant to Health and Safety Code § 50093 and any successor statute or regulation.
Ordinance No.
P. “Project” means any residential or mixed-use proposal for the creation of five or more new dwelling units.
Q. “Very low-income household” means a household income that does not exceed 50% of area median income for Los Angeles County, as published periodically by HUD, pursuant to Health and Safety Code § 50105 and any successor statute or regulation.
21.19.030 Applicability; Exemptions.
A. This chapter applies to projects for rent or sale, including the residential portions of mixed-use developments. It may also be incorporated as a public benefit into any development agreement approved pursuant to this code.
B. The following are exempted from this chapter’s requirements:
1. Any eligible project for which the City enters into a development agreement that provides comparable community benefits, as determined by the City Council.
2. Any eligible project that is 100% affordable for very low-, low-, or moderate- income households that will be deed-restricted for a period of at least 55 years for rental units or 45 years for for-sale units.
3. Development of emergency shelters, community care facilities, or health care facilities.
4. Reuse of a designated landmark or contributing structure for housing within a historic district.
5. Accessory dwelling units, junior dwelling units, or units created pursuant to Government Code §§ 65852.21 and 66411.7, provided that the replacement or restoration does not increase the number of existing units by five or more.
6. Residential building additions, repairs, or remodels, provided the work does not increase the number of existing units by five or more.
7. Replacement or restoration of residential units damaged or destroyed by fire, flood, earthquake, or other disaster, provided that the replacement or restoration does not increase the number of existing units by five or more.
8. Any eligible project otherwise exempt under state or federal law.
21.19.040 Inclusionary Housing Unit Requirements.
A. Inclusionary Units for Rent. Developers proposing a rental project must rent 15% of the units to affordable households at an affordable rent, as follows:
Ordinance No.
1. Nine percent to very low-income households or low-income households; and
2. Six percent moderate-income households.
B. Inclusionary Units for Sale. Developers with projects for sale must sell 15% of the units to moderate-income households at an affordable housing cost.
C. Calculation of Inclusionary Housing Units Fractional Units.
1. The percentage of inclusionary housing units required in this section will be applied to the project’s total number of proposed dwelling units.
2. If an inclusionary housing unit calculation in this section results in a fractional remainder, the developer may choose one of the following options: round up to the next whole number when the fraction is 0.5 or higher and provide the resulting unit on site; or pay the fractional amount of inclusionary housing in-lieu fees pursuant to this chapter.
21.19.050 Alternative Compliance.
A. Inclusionary Housing In-lieu Fee; Affordable Housing Trust Fund.
1. The inclusionary housing unit requirements of this chapter may be satisfied if the developer causes an inclusionary housing in-lieu fee to be paid to the City. This may be accomplished by providing some of the required inclusionary housing units onsite and paying an the in-lieu fee required under this section for any remaining, required inclusionary housing units.
2. The inclusionary housing in-lieu fee must be paid, in full, to the City before it issues a final certificate of occupancy for the project.
3. An affordable housing trust fund is created. All funds authorized in this chapter must be deposited into this inclusionary housing trust fund. The monies in such fund must be used exclusively for providing affordable housing in the City and for reasonable costs associated with the acquisition, development, maintenance, improvement, and oversight of affordable housing. Such additional uses may be designated by City Council resolution.
B. Off-site Units.
The Director may determine that a developer has met this chapter’s requirements if the developer develops, or causes a qualified third-party affordable housing developer to develop, allocated affordable housing units off-site on property located within the City’s jurisdiction in accordance with the following requirements:
Ordinance No.
1. Any third-party (e.g., a nonprofit housing agency) the developer associates with to create off-site units under this section must agree, in writing, to all the provisions of this chapter and be a signatory to the inclusionary housing agreement required under this chapter.
2. The off-site affordable units developed must at least be equal to the inclusionary housing units required for the project and consistent with the standards set forth in this chapter.
3. To ensure the creation of the off-site affordable units, developer must provide a surety, in a form approved by the City Attorney, equal to 25% of the total estimated cost to construct the off-site affordable units to ensure performance. Examples of sureties that may be acceptable include the following: performance bonds; surety bonds; cash deposits; money orders; letters of credit; and certificates of deposit.
The Director will relinquish the surety at the time that the Building Official issues a final certificate of occupancy for the last of the off-site affordable units.
4. The developer must pay an in-lieu fee in an amount required by this chapter to the City in the event the off-site units are not timely completed.
C. Land Dedication or Conveyance.
The Director may determine that a developer met this chapter’s requirements if the developer dedicates off-site real property in accordance with all the following requirements:
1. The property must be fully within the City’s jurisdiction.
2. The developer must identify and offer for dedication or conveyance the property subject to this section at the time of project application and concurrently provide proof to the Director’s satisfaction evidencing the property’s value and developer’s transferable, unencumbered interest in the property.
3. The developer must provide evidence to the Director’s satisfaction that shows the property is free from environmental contamination, has access to public streets, and utilities, and suitable for affordable housing development pursuant to applicable law.
4. The land must be transferred to the City or City-approved developer specializing in affordable housing development.
5. The land and constructed units thereupon must be deed restricted, in a manner approved by the City Attorney, that secures the units’ continued affordability.
6. The City Manager will make a recommendation to the City Council whether to accept or deny the proposed dedication or conveyance. The City has no obligation
Ordinance No.
to accept any proposed dedication or conveyance made in accordance with this subsection.
21.19.060 Standards for Inclusionary Housing Units.
A. Projects with inclusionary housing units are subject to the following requirements:
1. The developer must identify all contiguous property under common ownership or control in its project application. If the developer does not plan to develop all such property, then it must record a covenant, in a form approved by the City Attorney, requiring that such undeveloped property include inclusionary housing units or pay the in-lieu fee as required by this chapter at such future date that an application is filed for ministerial or discretionary approval of a residential development subject to this chapter. Such covenant must run with the land and be effective for at least 30 years pursuant to Civil Code § 885.030.
2. All inclusionary housing units must be reasonably dispersed throughout the project to avoid any concentration of inclusionary units within a project.
3. All inclusionary housing units must be comparable to market rate units included within a project in terms of number of bedrooms, design, materials, size, finished quality, appearance, or other material conditions.
4. All inclusionary housing units must be accessible to project amenities, utilities, and facilities available to market rate units at the same or lower cost chargeable, if at all, to market rate units.
5. All inclusionary housing units must be constructed before or concurrent with the construction of market rate units in the project, and in phased projects, inclusionary housing units may be constructed in proportion to the number of units in each phase of the residential development.
6. A developer must submit a written report to the Director, within 30 days of the Director’s written request, that identif ies the income and family size of the occupants of the inclusionary unit. The City may impose a fee established by city council resolution to recover its associated regulatory costs pursuant to this chapter.
B. Inclusionary housing units for sale are subject to the following restrictions:
1. Such for-sale units must be deed restricted to the target household income group for a minimum of 45 years.
2. The developer, property owner, and all subsequent owners of an inclusionary housing unit offered for sale must certify, in a form and content acceptable to the Director, the purchaser’s income.
Ordinance No.
3. An owner of such a for-sale unit is prohibited from leasing or renting the unit unless the City gives its prior written consent to such lease or rental based on economic hardship, shown by substantial evidence by the owner.
4. Except as otherwise provided, a purchaser of inclusionary housing units offered for sale must occupy the unit as a “principal residence” as such term is defined for federal tax purposes in the United States Internal Revenue Code . Upon good cause shown, supported by substantial evidence, the Director may allow a purchaser to rent inclusionary housing units to persons within the same household income category.
5. The City must approve subsequent owners of such for-sale units who must meet the same qualifications as the original owner.
6. Before the escrow closing for such a for-sale unit, the seller must provide written notice to the buyer of the affordability restrictions including, without limitation, resale price restrictions, in a document written in plain language and approved in writing by the Director.
7. Title in a for-sale unit may transfer because of changes in circumstance including, without limitation, death, marriage, and divorce. Except as otherwise provided, if such a changed circumstance results in a title transfer which causes a household to become ineligible for an inclusionary housing unit then the housing unit must be sold to an eligible household within nine months after such title transfer occurs.
8. Upon the death of one owner, title in the for-sale unit may transfer to the surviving joint tenant without respect to the joint tenant’s household income eligibility.
9. If a for-sale unit is sold for an amount more than the resale price authorized under this chapter, the buyer and seller are jointly liable to the City for the entire purchase price of the unit. Funds recovered by the Director must be deposited in the affordable housing trust fund. The foregoing notwithstanding, the Director may allow the buyer and seller up to 180 days to cure any violation of this chapter’s resale price restrictions upon the buyer and seller’s written request for such cure period.
C. Inclusionary housing units for rent are subject to the following restrictions:
1. Such rental units must be deed restricted to the target household income group for a minimum of 55 years.
2. The owner of the rental units must certify to the Director, in a form accept able to the City Attorney, the income of the tenant at the time of the initial rental and annually thereafter.
Ordinance No.
3. The renter of an inclusionary housing unit is prohibited from subleasing the unit unless the Director gave its prior written consent to such sublease based on demonstrated hardship by the renter as shown by substantial evidence. Any rent obtained through an unpermitted sublease of an inclusionary housing unit is forfeited to the City, and recovered funds must be deposited in the affordable housing trust fund.
4. The Director may require the execution and recording of whatever documents are necessary or useful in ensuring enforcement of this section, in a form approved by the City Attorney, which must be recorded against all applicable inclusionary units.
5. Before the escrow closing of an inclusionary housing unit for rent, the seller must provide written notice to the buyer of the affordability restrictions including, without limitation, to resale price restrictions in a document written in plain language and approved, in writing by the Director.
21.19.070 Eligibility Requirements.
A. Unless otherwise provided, only eligible households are authorized to occupy inclusionary housing units in this chapter.
B. Elected and appointed officials or employees of the City subject to the City’s conflict of interest code are ineligible to occupy an inclusionary housing unit created under this chapter.
21.19.080 Inclusionary Housing Plan.
No application for a project subject to this chapter’s requirements will be complete until the developer submits an inclusionary housing plan to the City in a form acceptable to the Director that contains all of the following, as applicable:
A. The number, type, and location of all inclusionary housing units for the project.
B. Any requested modifications or waivers and the basis therefore.
C. A detailed methodology for determining the rental rates or sale prices of all inclusionary housing units.
D. The affordability level and affordability term for each inclusionary housing unit.
E. Deed restrictions, including applicable sale and rent limitations set forth in this chapter.
F. A timeline of project phasing, including completion timelines for inclusionary housing units in relation to market rate units.
G. The financing for ongoing monitoring and administrative costs.
Ordinance No.
H. Enforcement mechanisms to ensure that inclusionary housing units are occupied by eligible households and are not sold, rented, leased, sublet, assigned, or otherwise transferred to non-eligible households.
I. The manner in which inclusionary housing units will be marketed and filled, inc luding the screening and qualifying of prospective renters or purchasers of inclusionary housing units.
21.19.090 Inclusionary Housing Agreement.
A. A written inclusionary housing agreement, in a form approved by the City Attorney, must be entered into between the developer and the City for any project providing onsite inclusionary housing units or off-site inclusionary housing units pursuant to this chapter.
B. The inclusionary housing agreement must include the following:
1. All information required for an inclusionary housing plan .
2. A clause authorizing the recovery of City costs, including, without limitation, attorney’s fees, incurred in any action taken to enforce compliance with the inclusionary housing agreement.
3. Any additional reasonable information the Director requires in ensuring compliance with this chapter.
C. The Building Official will not issue a building permit for a project subject to this section’s requirements until all of this chapter’s applicable requirements of are satisfied, including, without limitation, full execution of an inclusionary housing agreement.
D. The inclusionary housing agreement must be recorded with the Los Angeles County Recorder and will run with the land , binding any developer successor in interest , including bona fide purchasers.
21.19.100 Modifications or Waivers.
A. The Director may modify or waive this chapter’s requirements if the developer demonstrates for good cause shown and by substantial evidence to the Director that this chapter’s application would constitute a violation of applicable law or a taking of property in violation of the United States or California Constitutions.
B. Any developer requesting an adjustment or waiver of this chapter’s requirements must submit documentation concurrently with filing the project application that presents substantial evidence to support the adjustment or waiver request. This documentation
Ordinance No.
must set forth in detail the factual and legal basis for any such claim.
C. Before or in conjunction with a decision on the proposed project, the Director must render a written decision on the proposed adjustment or waiver of this chapter’s requirements. The Director’s decision may be appealed to the Planning Agency in a manner provided in this code.
21.19.110 Administration and Enforcement.
A. The City Council may establish fees or regulations by resolution for the City’s ongoing administration of this chapter.
B. Any public official, employee, or agent’s failure to fulfill this chapter’s requirements does not excuse any person, owner, household, or other party from complying with such requirements.
C. The Building Official may not issue a final certificate of occupancy for a project subject to this chapter’s requirements until all of this chapter’s applicable requirements are satisfied, unless otherwise provided in an inclusionary housing agreement.
D. In addition to the general remedies provided in this code and other applicable law, the City Attorney is authorized to take any appropriate enforcement action to ensure compliance with this chapter, including, without limitation:
1. Actions to revoke, deny, or suspend any permit, including a building permit, certificate of occupancy, or discretionary approval.
2. Actions to recover civil fines, restitution to prevent unjust enrichment for violating this chapter, and/or enforcement costs, including attorney’s fees.
3. Eviction or foreclosure.
4. Any other appropriate action for injunctive relief or damages.”
SECTION 5: 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 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: 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
Ordinance No.
provisions of this Ordinance are severable.
SECTION 8: Recordation. The City Clerk, or designee, 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, and cause it to be published or posted in accordance with California law.
SECTION 9: Effective Date. This Ordinance will become effective 30 days after second reading 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
________________________________
Justin A. Tamayo, Deputy City Attorney
Staff Report
September 6, 2023
ATTACHMENT 2
City Council Staff Report, dated August 16, 2023 (without attachments)
City Council Staff Report
DATE: August 16, 2023
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Jessica Serrano, Director of Community Development SUBJECT: A continued public hearing to consider introduction 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.
RECOMMENDATION:
It is recommended that the City Council consider:
1. Opening a public hearing and taking testimonial and documentary evidence;
2. After closing the public hearing and considering the evidence submitted during that public hearing 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.
BOARD/COMMISSION REVIEW:
The Planning Commission,
at its April 25, 2023 meeting, reviewed the Inclusionary Housing Ordinance (“IHO”), and recommended City Council approval, with a minor change. The Commission recommended that a change be made to the IHO so that in Public Hearing - 4A
Staff Report
August 16, 2023
cases where the number of required affordable units results in a fractional unit, the number would be rounded up to the next whole number for units to be provided on-site or the in-lieu fees be paid.
EXECUTIVE SUMMARY:
On June 7, 2023, the City Council reviewed the IHO and by a unanimous vote, continued the adoption of the IHO to August 16, 2023 for staff to further research. Thereafter, on June 21, 2023, the City Council by a unanimous vote continued the adoption of fees related to IHO to August 16, 2023. The staff report (without attachments) from the June 7, 2023 City Council meeting is contained in Attachment 2.
Staff amended the IHO related to rounding of fractional units for the calculation of inclusionary housing units or in-lieu fees as shown in Attachment 1.
Major findings from staff’s research and analysis include:
1. City would likely not be at a competitive disadvantage if an IHO is adopted, but a feasibility study can better evaluate the City’s market trends to ensure that the IHO does not deter housing production and that the correct in-lieu fee is established;
2. Funds from developer-paid-in-lieu fees may be used for a variety of uses to help leverage affordable housing, as determined by City Council;
3. Comparable community benefits may include facilities, improvements and programs which enhance quality of life for City residents;
4. In addition to the Density Bonus regulations, incentives, such as fee waivers, may be offered to encourage construction of lower income housing units;
5. IHO contains affordability requirements which may be best monitored through a housing consultant; and
6. Periodic review of IHO is recommended at 3-5 year intervals.
COUNCIL REQUESTED INFORMATION:
During the June 7, 2023 City Council meeting, the Council requested staff make changes to the IHO and provide additional related information such as:
1. Revise calculation of inclusionary housing fractional units;
2. Effects of IHO on the development community and will it help meet Regional Housing Needs Allocation (“RHNA”);
3. Use of in-lieu fees;
4. Examples of comparable community benefits;
5. Clarification of affordability term;
6. Incentivizing creation of units for lower income level; and
7. Enforcement and compliance.
Staff made the requested changes to the ordinance related to rounding of fractional units
Staff Report
August 16, 2023
for the calculation of inclusionary housing units or in-lieu fees. Additionally, staff conducted research to provide this analysis to the Council.
Development Trends and RHNA
According to a 2007 study by the Furman Center for Real Estate and Urban Policy – NYU
1, the effects of an IHO includes predictions that developers may build or invest in other jurisdictions that do not have IHO programs and they may make up for the lost revenues by raising prices on market rate units. However, it should be noted in the 6 th cycle of Housing Elements (2021-2029), many adjacent cities include programs to institute an inclusionary housing ordinance, such as San Gabriel and Montebello. Nearby cities, such as Alhambra, South Pasadena, and Pasadena already have IHOs in place.
In an article by Cal Matters
2, the author states that voluntary incentives generate more affordable housing, while housing mandates such as IHO’s increase cost and dampen housing production. The City’s recently updated Density Bonus regulation provides a menu of incentives from which developers may choose if a proposed project provides a minimum number of affordable units. Additionally, while some cities offer added density as an incentive for building affordable units, Monterey Park already allows unlimited density within its Mixed-Use land use designation, which is located in the Downtown and adjacent areas along the entire Garvey Avenue corridor, portions of Garfield Avenue and north Atlantic Boulevard
3. The City’s Density Bonus ordinance and unlimited density in the Downtown and adjacent areas help encourage housing production; other areas of the City where unlimited density is not allowed may be impacted by the IHO.
Whether the IHO will assist with meeting the City’s RHNA, the city of Pasadena may provide a case study since it adopted its IHO in 2001. According to Pasadena’s 2021- 2029 Housing Element
4, an evaluation of its progress with implementing their 5 th cycle Housing Element (2014-2021) was conducted. From 2014 to 2020, 432 inclusionary affordable units were built and $14,283,090 in developer-paid-in-lieu fees were added to its Inclusionary Housing Trust Fund. Pasadena’s lower income housing RHNA requirements was 547. It appears as through Pasadena fell short of meeting this requirement by 115 lower income units. Their Housing Element went on to describe changes to Pasadena’s IHO that were adopted in 2019 as follows:
1. Raised based inclusionary requirement from 15% to 20%;
2. Raised in-lieu fee to maximum levels supported by feasibility study;
3. Eliminated trade-down provisions, resulting in affordable units counting the same regardless of income level; and
4. Created concession menu as an alternative for applicants.
1 Been, Meltzer, & Schuetz. The Effects of Inclusionary Zoning on Local Housing Markets (2007). 2 Ward, Jazon. Affordable-housing production needs more sugar, less vinegar (2022). 3 Monterey Park Land Use and Urban Design Element (2020). 4 Pasadena 2021-2029 Housing Element (2022).
Staff Report
August 16, 2023
In summary, it does not appear that Monterey Park would be at a competitive disadvantage were it to adopt the IHO. A feasibility study, however, can better evaluate the City’s market trends to ensure that the IHO does not deter housing production and that the appropriate in-lieu fee is established.
In-Lieu Fee Usage
The proposed IHO provides an option to developers for paying in-lieu fees instead of providing on-site affordable units. These fees would be deposited into a fund created to leverage affordable housing units. The City Council will be able to set the priorities on the appropriate use of in-lieu fee funding. Potential uses of this funding may include:
1. Gap funding for pre-development or construction of affordable housing projects;
2. Subsidies to target specific income level units, special needs housing, homeless housing, or transitional housing;
3. Capital improvements or studies (e.g. infrastructure, environmental, or other types of studies) needed to facilitate the construction of affordable housing;
4. Affordability preservation of existing affordable units;
5. Rehabilitation of existing affordable units;
6. First-time homebuyers’ program;
7. Enforcement and compliance;
8. Administrative costs;
9. Annual membership fee for San Gabriel Valley Regional Housing Trust; and
10. Acquisition of parcels to facilitate the construction of affordable housing.
Comparable Community Benefits
The draft IHO includes a provision which exempts any eligible project from which the City enters into a development agreement that provides a comparable community benefit.
Community benefits are negotiated as part of development agreements for large-scale projects (e.g. housing projects with 10 or more units; hotels with more than 25 guest rooms; industrial projects on lots greater than one acre) and generally include developer paid facilities, improvements, or programs that can be enjoyed the community and enhance quality of life. Examples of comparable community benefits, include:
1. Infrastructure improvements (e.g. traffic lights, street paving, sidewalks, bike lanes, walking paths);
2. Park improvements;
3. Public facility improvements;
4. Public art;
5. Dedication of land for public use; and
6. Programs for the community.
Staff Report
August 16, 2023
Incentives
Recently, the City updated its Density Bonus regulations, which can be used in combination with the IHO and provides developers with incentives and concessions in exchange for building affordable units. The Density Bonus regulations allow developers to choose from a menu of incentives that include reduced setbacks, increased building height, reduced open space among others, while increasing the density on a project and lowering the parking requirements.
In addition to the Density Bonus regulations, other incentives that the City could explore to incentivize construction of lower income housing units include:
1. Expedited processing, and
2. Direct public subsidies.
Below is a graph (Figure 1) from a 2021 study (Wang & Balachandran 5) that shows other
incentives that can be combined with an IHO. The majority of cities nationwide (57%) offer Density Bonus as an incentive, but other types of incentives offered by cities drop off substantially.
Figure 1: Incentives by Percentage Survey
Affordability and Enforcement
The draft IHO requires that for-sale units remain affordable for a term of 45 years and that rental units remain affordable for a term of 55 years. If purchasing a unit, the owner must occupy the unit as a principal residence and the City must approve subsequent buyers to ensure they meet the income qualifications and resale price restrictions. For rental units,
5 Wang & Balachandran. Inclusionary Housing in the United States (2021)
Staff Report
August 16, 2023
the owner of the unit must certify to the City that the tenant is income qualifying at initial rental and annually thereafter.
Should the IHO be adopted, staff will calculate the number of affordable units and collect in-lieu fees, as applicable. However, as affordable units come on-line as part of the IHO, additional staff with insight and knowledge about tracking and evaluating affordable units and the maintenance of such affordability levels will be necessary to provide enforcement and monitoring. Staff recommends that a housing consultant be retained to help track, provide oversight and enforce the IHO and its projects.
Periodic review of the IHO is also desirable to measure whether or not the program is successful in creating and maintaining affordable housing units. Generally, periodic review of an IHO occurs sometime between 3-5 years to allow for projects to go from entitlement to construction completion to best measure the IHO’s effectiveness. The five- year mark also coincides with Government Code § 66001(d) that requires reporting of any funds collected, in this case, in-lieu fees, and City must make findings of funds collected and expended.
2023-2024 STRATEGIC PLAN GOAL:
The proposed ordinance supports the City’s goal of expanding housing opportunities for all. Adoption of the IHO will meet Program 15 of the Monterey Park Housing Element which states that the City Council will consider an inclusionary housing ordinance.
Additionally, the IHO will encourage the production of affordable housing units in new housing developments.
FISCAL IMPACT:
There no identifiable fiscal impacts associated with adopting the Ordinance itself (other than costs associated with codifying the Ordinance). Should the City Council adopt the IHO, an in -lieu fee will be considered at a subsequent meeting. The in -lieu fee will generate a funding source that can potentially be used for the creation or maintenance of affordable housing units within the City. At this time, City does not have an estimate of how much funding will be collected as it is dependent on how many projects are subject the IHO and how many developers will elect to use the in-lieu fee option.
Staff Report
August 16, 2023
Respectfully submitted by: Prepared by:
Beth Chow, AICP
Interim Planning Manager
Approved by:
Inez Alvarez
Interim City Manager
Karl H. Berger
City Attorney
ATTACHMENTS:
1. Redlined Ordinance No. _____ amending Title 21 (Zoning) of the Monterey Park Municipal Code to add Chapter 21.19, entitled “Inclusionary Housing” (with Planning Commission recommendation)
2. City Council Agenda Report dated, June 7, 2023
3. Planning Commission meeting comment/recommendation summary, dated September 27, 2022
4. Survey of Inclusionary Housing Ordinances in Surrounding Communities
5. Notice of Exemption
Jessica Serrano
Director of Community
Development
City Council Staff Report
DATE: September 6, 2023
AGENDA ITEM NO:
RECOMMENDATION:
It is recommended that the City Council consider:
(1) Adopting a resolution approving a Time Extension for Tentative Map No. 82607 (TM-20-03); and
(2) Taking such additional, related, action that may be desirable.
CEQA (California Environmental Quality Act):
The Project is consistent with the Mitigated Negative Declaration and Mitigation Monitoring Program adopted by City Council on July 21, 2021 under Resolution No. 12259. No additional environmental review is necessary.
EXECUTIVE SUMMARY:
The applicant, Jimmy Lee of LDC, Inc. on behalf of the property owner Greenstate Holding Inc., seeks a first, one-year time extension to record the final map related to the Whitmore Villas project. The project proposes to subdivide one lot into two lots. In addition, the project consists of construction of 63 new residential units and a subdivision of air rights for townhome purposes. The applicant timely filed this application request on July 6, 2023.
Pursuant to Monterey Park Municipal Code (“MPMC”) § 20.04.120, the City Council “will either approve, conditionally approve or deny extension requests. Each extension of tentative map approval or conditional approval may be allowed for a period not exceeding one year from the anniversary date of the map’s original approval. The total time of extensions cannot exceed six years from the initial expirat ion date.” It is recommended that the City Council determine whether good cause for the extension exists.
BACKGROUND:
On July 6, 2023, Jimmy Lee on behalf of Greenstate Holding Inc., applied for a one-year time extension for TM-20-03 to subdivide one lot into two lots located at the southeast corner of New Avenue and Whitmore Street. The property is zoned R-3 (High-Density Residential) and is designated High Density Residential (HDR) in the General Plan.
TO: Honorable Mayor and City Council
FROM: Jessica Serrano, Director of Community Development SUBJECT: One-year Time Extension for Tentative Map No. 82607 (TM-20-03) – 126 North New Avenue (Assessor’s Parcel No. (APN 5286-019-013)) Consent Calendar - 3L
Staff Report
September 6, 2023
Originally, on July 21, 2021, the City Council adopted Resolution No. 12259 approving Tentative Map No. 82607 (TM-20-03), which provided two years to record the final map, as permitted by Government Code § 66452.6. The map remained valid until July 21, 2023; the Applicant submitted an application, fees, and a request for an extension dated July 6, 2023.
The expiration is suspended until such time that the City Council makes a determination on this request.
Community Development Department staff reviewed the Applicant’s design plans and staff, as designated by the Director, approved the architectural design on January 30, 2023.
Construction plans have been submitted for plan check and have been approved by Fire Prevention, Building & Safety, and Planning Divisions. The various divisions approved the plans between late 2022 and early 2023. Building permits for the construction of the residential units have not yet been issued for this project.
This is the first one-year extension requested by the Applicant. Based on the above information provided on the project, the Applicant has been working with the City to move forward with their project. However, additional time is needed. Therefore, the recommended action to extend the tentative map includes consideration of an actions taken by the Applicant to complete the project. Pursuant to MPMC § 20.04.120, the City Council may extend a tentative, where such extensions do not exceed an aggregate of six years. If approved, TM- 20-03 will expire on July 21, 2024.
2023-2024 STRATEGIC PLAN GOAL:
The proposed time extension supports the City’s goal of housing. Adoption of the resolution will implement Goal 9 of the Monterey Park General Plan, Land Use and Urban Design Element which encourages the development of for-sale residential units, such as townhomes, to promote and produce homeownership opportunities.
FISCAL IMPACT
There are no identifiable fiscal impacts associated with the adoption of the Resolution.
Respectfully submitted by: Prepared by:
Jessica Serrano
Director of Community Development
Kevin Tan
Assistant Planner
Staff Report
September 6, 2023
Approved by: Reviewed by:
Inez Alvarez
Interim City Manager
Karl H. Berger
City Attorney
ATTACHMENTS:
1. TM-20-03 – Applicant’s time extension request letter; dated July 6, 2023 & updated letter dated August 29, 2023
2. Draft Resolution extending TM-20-03
Staff Report
September 6, 2023
ATTACHMENT 1
TM-20-03 – Applicant’s time extension request letter, dated July 6, 2023 & updated letter dated August 29, 2023
From: Jimmy Lee <[email protected]>
Sent: Thursday, July 6, 2023 9:34 AM
To: Tan, Kevin <[email protected]>
Cc: Feng Xiao <[email protected]>; Steve Hunter <[email protected]> Subject: RE: 126 N. New Ave. Tract Map 082607
[EXTERNAL EMAIL]
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
Kevin,
The time extension is required due to the fact that the project is currently going through plan check process through City Public Works; required bonds and subdivision agreements will be finalized once the improvement plans are approved as part of the final map recordation requirements. The owner is also working with the City on the project CC&R review as part of the final map clearance; therefore, additional time would be required to complete the required tasks in order to record the final map.
Thank you.
Jimmy Lee, Project Planner
Land Design Consultants, Inc.
800 Royal Oaks Drive, Suite 104
Monrovia, CA 91016
Ph.: 626-578-7000 x 2112
Email: [email protected]
Monday to Thursday
Staff Report
September 6, 2023
ATTACHMENT 2
Draft Resolution Extending TM-20-03
1 RESOLUTION NO.
A RESOLUTION APPROVING A FIRST ONE-YEAR EXTENSION FOR
TENTATIVE MAP NO. 82607 (TM-20-03) TO SUBDIVIDE ONE LOT INTO TWO LOTS LOCATED AT 126 NORTH NEW AVENUE
(ASSESSOR’S PARCEL NUMBER: 5286-019-013)
The City Council of the City of Monterey Park does resolve as follows:
SECTION 1: The City Council finds as follows:
A. On July 6 , 2023 , Jimmy Lee of LDC Inc, on behalf of property owner Greenstate Holding, Inc., submitted an application pursuant to Title 20 of the Monterey Park Municipal Code (“MPMC”) requesting approval of a one -year time extension for Tentative Map No. 82607 (TM-20-03) to subdivide one lot into two lots located at 126 North New Avenue (“Project”);
B. The proposed Project was reviewed by the City Planner for, in part, consistency with the General Plan and conformity with the MPMC;
C. In addition, the City reviewed the Project’s environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the “CEQA Guidelines”); and
D. The City Planner completed review and scheduled the matter regarding the proposed Project, before the City Council for September 6, 2023, pursuant to MPMC § 20.04.120.
SECTION 2: Factual Findings and Conclusions. Based upon the entire administrative record and the evidence provided during the public hearing, the City Council finds as follows:
A. On July 21, 2021, the City Council adopted Resolution No. 12259 approving Tentative Map No. 82607 (TM-20-03), which had an expiration date of July 21, 2023.
B. The Applicant seeks its first, one-year time extension to record the final map related to the construction of 63 new residential dwelling units and subdivision of air rights for townhome purposes. Applicant timely filed an application, payment, and written extension request on July 6, 2023.
C. The project site is zoned R-3 (High-Density Residential) and designated High Density Residential in the General Plan. The High-Density Land Use category allows for multi-family residential development.
2 D. The project site is located at the southeast corner of New Avenue and Whitmore Street. The surrounding land uses include multi-family residential developments to the north, south, east (in City of Rosemead) and west. The properties to the north and west are zoned High Density Residential (R -3) and the property south of the project site is zoned Commercial Services (C- S).
E. The time extension is necessary to allow additional time to complete the project, including beginning the construction of residential units and fulfilling the conditions of the tentative map . Applicant has made progress through the submittal of construction plans.
SECTION 3: Environmental Assessment. Because of the facts identified in Section 2 of this Resolution, the Project is consistent with the Mitigated Negative Declaration and Mitigation Monitoring Program adopted by City Council on July 21, 2021 under Resolution No. 12259.
SECTION 4: Determination. The City Council approves the one-year extension for Tentative Map No. 82607 (TM-20-23) to July 21, 2024.
SECTION 5: Reliance on Record. Each and every one of the findings and determinations in this Resolution 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 6: 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 7: Notice. The City Clerk is directed to provide a copy of this Resolution to the Planning Commission and any other person requesting a copy.
SECTION 8: Effective Date. This Resolution becomes effective immediately upon adoption and memorializes the City Council’s final decision made on September 6, 2023.
Note that persons dissatisfied with the City Council’s decision may appeal it in accordance with application law to the Los Angeles Superior Court within 90 days of the City Council’s decisions.
PASSED AND ADOPTED this ____ day of _________, 2023.
____________________________
Jose Sanchez, Mayor
3 ATTEST:
________________________________
Maychelle Yee, City Clerk
________________________________
Karl H. Berger, City Attorney
City Council Staff Report
DATE: September 6, 2023
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Kristin Olivarez, Interim City Librarian
SUBJECT: California State Library Zip Books Grant Fiscal Year 2023/24 RECOMMENDATION:
It is recommended that the City Council consider:
1. Accepting $3,776 in California State Library grant funding to purchase books and an Amazon Prime membership;
2. Appropriating the $3,776 funding into the 2023-24 Fiscal Year budget; and
3. Taking such additional, related, action that may be desirable.
EXECUTIVE SUMMARY:
The Library was notified of a $3,776 award from the California State Library. The grant funds will be utilized to continue to offer the Zip Books program, which allows library cardholders to request books that are not already owned by the Library and have them delivered directly to their home via Amazon Prime.
BACKGROUND:
This is the second year the Library has received the Zip Books grant. The Library received Zip Books grant funding in Fiscal Year 2022-23 and implemented the program with a goal of providing library patrons with quick and convenient access to books that are not already available in the Library’s coll ection. Requested books are shipped directly to the patron via Amazon Prime, then added to the Library’s collection when they are returned to the library so that others may check them out.
In 2022-23, 140 library patrons utilized the Zip Books program and 237 new books were added to the collection through the program. The grant funds will be used to continue to offer the Zip Books program to library patrons.
FISCAL IMPACT:
This is a single year grant and no matching funds are required for this grant. This item asks City Council to authorize the appropriation of $3,776 to the FY 2023-24 budget.
Consent Calendar - 3M
Staff Report
September 6, 2023
Respectfully submitted by: Reviewed by:
Kristin Olivarez
Interim City Librarian
Martha Garcia
Director of Finance
Approved by:
Reviewed by:
Inez Alvarez
Interim City Manager
Karl H. Berger
City Attorney
ATTACHMENT:
1. California State Library Zip Book Grant 2023-24 Award Letter
Staff Report
September 6, 2023
ATTACHMENT 1
2023-24 Zip Books Grant Award Letter
Library – Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov
July 31,2023
Ms. Diana Garcia, City Librarian
Monterey Park Bruggemeyer Library
318 S Ramona Ave
Monterey Park, CA, 91754
Subject: Zip Books Project ZIP23-61
Dear Ms. Diana Garcia:
We are pleased to approve the grant application for the Zip Book Project for a total of $3,776 in California Library Services Act funds to purchase books and prime membership. Over the 2023/24 grant period, please take steps to ensure that as many Zip Books as possible are added to your permanent library collection. These steps might include approving only those patron requests which meet your collection development guidelines and/or may appeal to your community.
Hard copies of this correspondence will not follow. Keep the entirety of the correspondence for your files and consider these award materials your original documents. For more information, please refer to the Zip Book Guidelines located on the State Library website.
Upon receipt of a completed claim form that is free of errors or inaccurate information, the State Library processes it for routing to the Office of the State Controller which ultimately issues the check. The total time for the claim form to be processed, routed, payment issued, and mailed can be up to eight weeks, but is often a shorter timeframe. If you still have not received payment after eight weeks, please contact your grant monitor.
The Grant Monitor assigned to your project is Monica Rivas. She is available to assist you throughout the year and she can be reached via email at [email protected].
Please stay in touch with your Grant Monitor throughout the award period. Read the enclosed award packet thoroughly and contact your Grant Monitor if you have any questions.
Best wishes for a successful project.
Respectfully yours,
Greg Lucas
California State Librarian
DocuSign Envelope ID: 4DF48FF1-5381-4412-BB39-0B7477699622 8/10/2023
In Process
Library – Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov
CC: Monica Rivas, [email protected]
Lena Pham, [email protected]
Michael Le, [email protected]
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STATE FUNDED GRANTS
AWARD AGREEMENT AND
CERTIFICATE OF COMPLIANCE
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TABLE OF CONTENTS
PROJECT SUMMARY
2 PROCEDURES AND REQUIREMENTS
A.
Term of the Agreement 3
B.
Scope of Work
3 C.
Budget Detail
3 D.
Narrative and Financial Reports
4 E.
Claim Form and Payment
5 EXHIBIT A: TERMS AND CONDITIONS
7 EXHIBIT B: CERTIFICATION AND COMPLIANCE FORM
22 Certification 25
EXHIBIT C: STATE REIMBURSABLE TRAVEL EXPENSES
27 DocuSign Envelope ID: 4DF48FF1-5381-4412-BB39-0B7477699622 In Process
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PROJECT SUMMARY
AWARD AGREEMENT BETWEEN THE STATE LIBRARY and Monterey Park Bruggemeyer Library for the project.
AWARD AGREEMENT NUMBER ZIP23-61
This Award Agreement (“Agreement”) is entered into on July 01,2023 by and between the California State Library (“State Library”) and, Monterey Park Bruggemeyer Library (“Grantee”).
This Award Agreement pertains to Grantee’s State-funded Zip Books project.
The Library Development Services Bureau (“LDS”) of the State Library administers state and federal funds in the form of awards.
The Grantee was selected by the State Library to receive state grant funds in the amount of $3,776 through the process adopted by the State Library in administering such grants.
The State Library and the Grantee, for the consideration and under the conditions hereinafter set forth in the Grant Agreement, agree as follows:
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PROCEDURES and REQUIREMENTS
A. Term of the Agreement
The Grant term begins on the date of execution of the Agreement by both parties, until June 30,2024. If completion of the project occurs prior to the end of the grant period, this will be the end date of the term of this agreement. Grant eligible program expenditures may begin no earlier than the start date. The project period ends on June 30,2024 and all eligible program costs must be incurred by this date.
B. Scope of Work
1. Grantee agrees to perform all activities specifically identified in the Grantee’s application and submitted to the State Library in response to the Zip Books Project.
2. The following activities and deliverables to be performed by the Grantee include, but are not limited to the following:
Maintain and keep records of expenditures related to the grant that are consistent with Generally Acceptable Accounting Practices (GAAP). Make financial records available to the State Library upon request. Work with the State Library staff to assure that funds are disbursed in compliance with the purpose of the grant.
Prepare and submit required narrative and financial reports. Procure equipment, and other supplies as needed for the project. Issue contracts for services, personnel, and consultants as needed for the project.
If applicable, make payments for services, including for hours worked and travel reimbursements, to consultants and contractors.
Oversee the implementation of project activities.
C. Budget Detail
The State Library shall provide the Grantee funding for the expenses incurred in performing the Scope of Work and activities specified in the Grantee’s application. The Grantee shall request the distribution of grant funding consistent with its proposal and the budget worksheet that was included with the application. Under no circumstances shall payments exceed the total grant amount identified in this Agreement.
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D. Narrative and Financial Reports
1. The Grantee shall be responsible for submission of interim and final narrative and financial reports on the progress and activities of the project, to the California State Library, using the sample report documents provided by the California State Library.
2. All the reports must be current, include all required sections and documents, and must be approved by the Grant Monitor before any payment request can be processed. Failure to comply with the specified reporting requirements may be considered a breach of this Agreement and result in the termination of the Agreement or rejection of the payment request and/or forfeiture by the Grantee of claims for costs incurred that might otherwise have been eligible for grant funding. Any problems or delays must be reported immediately to the Grant Monitor. The financial reports shall reflect the expenditures made by the Grantee under the Agreement and may be incorporated into the same reporting structure as the narrative reports.
3. The reports shall be submitted by the following dates:
Reporting Period Report Due Date
July 01- December
31,2023
1st Financial and Mid Project Program
Narrative Report Due
January 31, 2024
January 01–
Project End Date
June 30, 2024
Final Financial Report, Expenditure Detail
Report and Final Program Narrative Report
Due
July 31, 2024
4. Failure to submit timely reports with the appropriate documentation by the due date may result in rejection of the payment request and/or forfeiture by the Grantee of claims for costs incurred that might otherwise have been eligible for grant funding.
5. The Grantee agrees to maintain records and supporting documentation pertaining to the performance of this grant, subject to possible audit for a minimum of five (5) years after final payment date or grant term end date, whichever is later. Please refer to Exhibit A, Terms and Conditions for more information.
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E. Claim Form and Payment
1. The California State Library shall provide the Grantee payment as outlined in the payment schedule only if all requirements for claiming the funds as outline in this document have been met, and only for those activities and costs specified in the approved award application.
2. The Grantee shall complete, sign, and submit Certification of Compliance form (Exhibit B) and the Financial Claim form (included in your award packet), to the California State Library within 14 days of receiving this award packet. These forms will be issued, signed, and submitted using the online signature and agreement platform, DocuSign, unless DocuSign is unallowable or inconsistent with practices and policies of the local jurisdiction. If the use of DocuSign is not acceptable to your organization, please contact your grant monitor regarding alternate options.
3. Any of the sums appearing under the categories in the approved budget may be adjusted with prior authorization from the California State Library Grant Monitor. This would be to increase the allotment with the understanding that there will be corresponding decreases in the other allotments so that the total amount paid by the California State Library to the Grantee under this Agreement shall not exceed the awarded amount, which shall be expended/encumbered during the grant period.
4. If the payment amount made by the California State Library exceeds the actual expenses incurred during the term of this Agreement, as reflected in the financial reports to be filed by the Grantee, the Grantee shall immediately refund the excess payment amount to the California State Library.
5. The Award payments will only be made to the Grantee. It is the Grantee’s responsibility to pay all contractors and subcontractors for purchased goods and services.
6. The Final Payment of 10% (if applicable) will be withheld and retained by the California State Library until all conditions agreed upon in this Agreement, including submission and grant monitor approval of the interim and final narrative and financial reports, have been satisfied.
7. Prompt Payment Clause
The California State Library will make payments to the Grantee in accordance with the Prompt Payment Clause under Government Code, section 927, et. seq.
The Grantee may typically expect payment within 45 days from the date a grant payment request is properly submitted and approved by the Grant Monitor.
8. Budget Contingency Clause
a. It is mutually agreed that if the Budget Act of the current fiscal year or any subsequent years covered under this Agreement does not appropriate DocuSign Envelope ID: 4DF48FF1-5381-4412-BB39-0B7477699622 In Process
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sufficient funds for the program, this Agreement shall no longer be in full force and effect. In this event, the California State Library shall have no liability to pay any funds whatsoever to the Grantee or to furnish any other considerations under this Agreement and the Grantee shall not be obligated to perform any provisions of this Agreement.
b. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this Program, the California State Library shall have the option to either cancel this Agreement with no liability occurring to itself or offer an Agreement amendment to the Grantee to reflect the reduced amount.
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EXHIBIT A: TERMS and CONDITIONS
1. Accessibility: The State is responsible for ensuring that public websites are accessible to both the general public and state employees, including persons with disabilities. Grantee shall assist the State in meeting its responsibility. Therefore, all project materials generated by state funded programs must meet the California Accessibility Standards. Additionally, all project materials designed, developed, and maintained shall be in compliance with the California Government Code, sections 7405 and 11135, and the Web Content Accessibility Guidelines 2.0, or a subsequent version, as published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success criteria.
However, if for some reason project material is not generated to be in compliance to meet these standards, please still submit it to the State Library. When submitting the material make sure to note that the material is not accessible by including “NOT ACCESSIBLE” in the file name.
The California State Library reserves the right to post project materials to its website that are in compliance with these standards.
2. Acknowledgment: The State of California and the California State Library shall be acknowledged in all promotional materials and publications related to the Zip Books Project.
a. Grant award recipients must ensure that the State of California receives full credit as the source of funds and that the California State Library, likewise, is acknowledged as the administrator.
b. Publications and information releases about the project must credit the State of California. An appropriate statement for a publication or project press release is:
“This [publication/project] was supported in whole or in part by funding provided by the State of California, administered by the California State Library.”
Grantees must include the above statement in any publications, vehicle wraps, and promotional materials, including websites. If space is limited the State Library logo and the following shortened acknowledgement statement is acceptable:
“Funding provided by the State of California.”
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c. This credit line on products of a project, such as materials, is important to foster support from the public, and state funding sources. d. California State Library Logo: Use of the California State Library logo, which can be downloaded on the California State Library website, is required on any publication, vehicle wrap, or promotional material along with the above statement(s).
e. Photo Documentation: Digital photos are a great way to document the happenings of your project. It is recommended that you use a photo release form when taking photos of the public. You may use your library’s photo release form or contact your grant monitor for the State Library’s form.
3. Agency: In the performance of this Agreement the Grantee and its agents and employees shall act in an independent capacity and not as officers, employees, or agents of the California State Library. The Grantee is solely responsible for all activities supported by the grant. Nothing in this Agreement creates a partnership, agency, joint venture, employment, or any other type of relationship between the parties. The Grantee shall not represent itself as an agent of the California State Library for any purpose and has no authority to bind the State Library in any manner whatsoever.
4. Amendment: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties, and approved as required.
No oral understanding or agreement not incorporated into this Agreement is binding on any of the parties. This Agreement may be amended, modified, or augmented by mutual consent of the parties, subject to the requirements and restrictions of this paragraph.
5. Applicable law: The laws of the State of California shall govern all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder. The parties hereby waive any right to any other venue. The place where the Agreement is entered into and place where the obligation is incurred is Sacramento County, California.
6. Assignment, Successors, and Assigns: The Grantee may not assign this Agreement or delegate its performance to any third-party person or entity, either in whole or in part, without the California State Library’s prior written consent. The provisions of this Agreement shall be binding upon and inure to the benefit of the California State Library, the Grantee, and their respective successors and assigns.
7. Audit and Records Access: The Grantee agrees that the California State Library, the Department of General Services, the State Auditor, or their designated representatives shall have the right to review, audit, inspect and copy any records and supporting documentation pertaining to the performance of this Agreement. The Grantee agrees to maintain such records for possible audit for a minimum of five (5) years after the final payment, or grant term end date, whichever is later, unless a longer period of records retention is stipulated, or until DocuSign Envelope ID: 4DF48FF1-5381-4412-BB39-0B7477699622 In Process
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completion of any action and resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later. The Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Grantee agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement.
Examples of audit documentation may include, but not limited to, competitive bids, grant amendments, if any, relating to the budget or work plan, copies of any agreements with contractors or subcontractors if utilized, expenditure ledger, payroll register entries, time sheets, personnel expenditure summary form, travel expense log, paid warrants, contracts and change orders, samples of items and materials developed with grant funds, invoices and/or cancelled checks.
8. Authorized Representative: Grantee and the California State Library mutually represent that their authorized representatives have the requisite legal authority to sign on their organization’s behalf.
9. Communication: All communications from either party, including an interim check-in at any time during the grant term, shall be directed to the respective grant manager or representative of the California State Library or Grantee. For this purpose, the following contact information is provided below:
Monterey Park Bruggemeyer
Library
Ms. Diana Garcia
318 S Ramona Ave
Monterey Park, CA, 91754
[email protected]
California State Library
Ms. Monica Rivas
900 N Street
Sacramento, CA 95814
[email protected]
1. Confidentiality: Grantee will maintain as confidential any material it receives or produces that is marked Confidential or is inherently confidential or is protected by privilege. Grantee agrees to alert the State Library to this status in advance, and State Library agrees to maintain this status in conformity with the Public Records Act.
2. Contractor and Subcontractors: Nothing contained in this Grant Agreement or otherwise shall create any contractual relation between the State and any contractor or subcontractors, and no contract or subcontract shall relieve the Grantee of his or her responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the State for the acts and omissions of its contractors, subcontractors, volunteers, student interns and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee’s obligation to pay its DocuSign Envelope ID: 4DF48FF1-5381-4412-BB39-0B7477699622 In Process
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contractors and subcontractors is an independent obligation from the State’s obligation to make payments to the Grantee. As a result, the State shall have no obligation to pay or to enforce the payment of any monies to any contractor or subcontractor.
3. Copyright: Grantee owns and retains titles to any copyrights or copyrightable material from any original works that it creates within the scope of this Agreement in accordance with the federal Copyright Act. (17 U.S.C. 101, et seq.) Grantee is responsible for obtaining any necessary licenses, permissions, releases, or authorizations to use text, images, or other materials owned, copyrighted, or trademarked by third parties and for extending such licenses, permissions, releases, or authorizations to the California State Library pursuant to this section. Also, the California State Library may upload, post, or transmit copyrighted material produced or purchased with grant funds on a California State Library website for public access and viewing.
4. Discharge of Grant Obligations: The Grantee's obligations under this Agreement shall be deemed discharged only upon acceptance of the final report by California State Library. If the Grantee is a non-profit entity, the Grantee’s Board of Directors shall accept and certify as accurate the final report prior to its submission to California State Library.
5. Dispute Resolution: In the event of a dispute, Grantee will discuss the problem informally with the Grant Monitor. If unresolved, the Grantee shall file a written “Notice of Dispute” with the State Library Grant Monitor within ten (10) days of discovery of the problem. Within ten (10) days of receipt, the Grant Monitor shall meet with the Grantee for purposes of resolving the dispute. Any dispute arising under the terms of this Agreement which is not disposed of within a reasonable period of time, the Grantee may bring it to the attention of the State Librarian or the designated representative. The decision of the State Librarian or designated representative shall be final. Unless otherwise instructed by the Grant Monitor, the Grantee shall continue with its responsibilities under this Agreement during any dispute.
6. Drug-free Workplace: The Grantee certifies under penalty of perjury under the laws of California, that the Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et. seq.) and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about all of the following:
1) The dangers of drug abuse in the workplace.
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2) The Grantee’s policy of maintaining a drug-free workplace. 3) Any available counseling, rehabilitation, and employee assistance programs.
4) Penalties that may be imposed upon employees for drug abuse violations.
c. Require that every employee who works on the Agreement will:
1) Receive a copy of the Grantee’s drug-free workplace policy statement.
2) Agrees to abide by the terms of the Grantee’s statement as a condition of employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and grantee may be ineligible for award of any future state agreements if the California State Library determines that the grantee has made a false certification or violated the certification by failing to carry out the requirements as noted above.
7. Effectiveness of Agreement: This Agreement is of no force or effect until signed by both parties.
8. Entire Agreement: This Agreement supersedes all prior agreements, oral or written, made with respect to the subject hereof and, together with all attachments hereto, contains the entire agreement of the parties.
9. Exclusive Agreement: This is the entire Agreement between the California State Library and Grantee.
10. Executive Order N-6-22-Russia Sanctions: The Grantee shall comply with Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate grant agreements with, and to refrain from entering any new grant agreements with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Grantee advance written notice of such termination, allowing Grantee at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.
11. Extension: The State Librarian or designee may extend the final deadline for good cause. The Grantee’s request for an extension of the grant period must be made in writing and received by the California State Library at least 30 days prior to the final deadline.
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12. Failure to Perform: The grant being utilized by the Grantee is to benefit the Zip Books Project. If the Grant Monitor determines the Grantee has not complied with this Agreement, the Grantee may forfeit the right to reimbursement of any grant funds not already paid by the California State Library, including, but not limited to, the ten percent (10%) withhold.
13. Federal and State Taxes: The State Library shall not:
a. Withhold Federal Insurance Contributions Act (FICA) payments from Grantee’s payments or make FICA payments on the Grantee’s behalf; or
b. Make Federal or State unemployment insurance contributions on Grantee’s behalf; or
c. Withhold Federal or State income taxes from Grantee’s payments.
Grantee shall pay all taxes required on payments made under this Agreement including applicable income taxes and FICA.
14. Force Majeure: Neither the California State Library nor the Grantee, its contractors, vendors, or subcontractors, if any, shall be responsible hereunder for any delay, default, or nonperformance of this Agreement, to the extent that such delay, default, or nonperformance is caused by an act of God, weather, accident, labor strike, fire, explosion, riot, war, rebellion, sabotage, flood, or other contingencies unforeseen by the California State Library or the Grantee, its contractors, vendors, or subcontractors, and beyond the reasonable control of such party.
15. Forfeit of Grant Funds and Repayment of Funds Improperly Expended: If grant funds are not expended, or have not been expended, in accordance with this Agreement, the State Librarian or designee, at his or her sole discretion, may take appropriate action under this Agreement, at law or in equity, including requiring the Grantee to forfeit the unexpended portion of the grant funds, including, but not limited to, the ten percent (10%) withhold, and/or to repay to the California State Library any funds improperly expended.
16. Fringe Benefit Ineligibility: Grantee agrees that neither the Grantee nor its employees and contract personnel are eligible to participate in any employee pension, health benefit, vacation pay, sick pay or other fringe benefit plan of the State of California or the State Library.
17. Generally Accepted Accounting Principles: The Grantee is required to use Generally Accepted Accounting Principles in documenting all grant expenditures.
18. Grant Monitor: The Grant Monitor’s responsibilities include monitoring grant progress and reviewing and approving Grant Payment Requests and other documents delivered to the California State Library pursuant to this Agreement.
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The Grant Monitor may monitor Grantee performance to ensure Grantee expends grant funds appropriately and, in a manner, consistent with the terms and conditions contained herein. The Grant Monitor does not have the authority to approve any deviation from or revision to the Terms and Conditions (Exhibit A) or the Procedures and Requirements unless such authority is expressly stated in the Procedures and Requirements.
19. Grantee: the government or legal entity to which a grant is awarded, and which is accountable to the California State Library for the use of the funds provided. a. The grantee will make reports to the State Librarian in such form and containing such information as may be required to ensure the proper used of funds consistent with the grantee’s application and award agreement. The grantee will keep such records and afford such access as the California State Library may find necessary to assure the correctness and verification of such reports.
20. Grantee Accountability: The Grantee is ultimately responsible and accountable for the manner in which the grant funds are utilized and accounted for and the way the grant is administered, even if the Grantee has contracted with another organization, public or private, to administer or operate its grant program. In the event an audit should determine that grant funds are owed to the California State Library, the Grantee is responsible for repayment of the funds to the California State Library.
21. Grantee Funds: It is mutually agreed that the Grantee is responsible for furnishing funds beyond the grant award that may be necessary to complete the project.
22. Independent Action: Grantee reserves the right to fulfill its obligations under this Agreement in an independent manner, at any location and at any time within the agreed-upon timeline. Grantee’s employees or contract personnel shall perform all services required by this Agreement, but their time need not be devoted solely to fulfilling obligations under this Agreement. Grantee shall furnish all equipment and materials used to meet its obligations and complete the Project. The State Library shall not provide any personnel or other resources beyond the grant award and is not required to provide training in connection with this Agreement.
23. Indemnification: Grantee agrees to indemnify, defend and save harmless the State of California, the California State Library and its officers, employees, and agents, from any and all claims, losses, and liabilities accruing or resulting to any and all contractors, subcontractors, suppliers, laborers and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Grantee in the performance of this Agreement.
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24. License to Use: The California State Library reserves a fully paid-up, royalty-free, nonexclusive, sub-licensable and irrevocable license to reproduce, publish, prepare derivative works, distribute, or otherwise use, and to authorize third parties to use, any material received or maintained by Grantee in connection with this Agreement. This includes intellectual property, with or without third- party rights. All such usages will be for public library and State governmental purposes:
a. The copyright in any work developed under this grant, sub-grant, or contract under this grant or sub-grant; and
b. Any rights of copyright to which a Grantee, sub-grantee, or a contractor purchases ownership with grant support.
25. Limitation of Expenditure: Expenditure for all projects must conform to the grantee’s approved budget and with applicable State laws and regulations. The total amount paid by the California State Library to the Grantee under this agreement shall not exceed $3,776 and shall be expended/encumbered in the designated award period.
During the award period, the grantee may find that the awarded budget may need to be modified. Budget changes, requests for additional funds, or requests for reductions in award funding must be discussed with the assigned State Library Grant Monitor and a Grant Award Modification may be required to be submitted according to the instructions. Approval is by the State Librarian or their designee. Adjustments should be reported on the next financial report. Any adjustments in approved budgets must be documented and documentation retained in project accounts.
26. Lobbying: Grantee confirms that the grant funds will not be used for the purposes of lobbying or otherwise attempting to influence legislation, as those purposes are defined by the U.S. Internal Revenue Code of 1986.
27. Non-Discrimination Clause: During this grant period, the Grantee and the Grantee’s contractors, and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, or military and veteran status. Grantee shall insure that the evaluation and treatment of contractors, employees and applicants for employment are free from such discrimination and harassment.
Additionally, Grantee, contractors, and subcontractors, if applicable, shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, DocuSign Envelope ID: 4DF48FF1-5381-4412-BB39-0B7477699622 In Process
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§11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§ 11135-11139.5), and the regulations or standards adopted by the California State Library to implement such article.
Grantee shall permit access by representatives of the Department of Civil Rights and the California State Library upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or the California State Library shall require ascertaining compliance with this clause. Grantee, and its contractors, and subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Grantee shall include the non- discrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under the Agreement.
28. Notices: All notices and other communications in connection with this Agreement shall be in writing, and shall be considered delivered as follows:
a. Electronic Mail (E-mail): When sent by e-mail to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission.
b. DocuSign (e-signature platform): When sent via DocuSign a notification will be sent to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission.
c. Grants Management System: When sent via / uploaded to the California State Library’s Grants Management System a notification will be sent to the last e-mail address of the recipient known to the party giving notice.
Notice is effective upon transmission.
d. Personally: When delivered personally to the recipient’s physical address as stated in this Agreement.
e. U.S. Mail: Five days after being deposited in the U.S. Mail, postage prepaid, and addressed to recipient’s address as stated in this Agreement.
29. Order of Precedence: The performance of this Agreement shall be conducted in accordance with the Terms and Conditions, Procedures and Requirements, Certificate of Compliance, Project Summary, Activities Timeline, and Budget, of this Agreement, or other combination of exhibits specified on the Grant Agreement Coversheet attached hereto (collectively referred to as “Terms”).
Grantee’s California State Library-approved Application (Grantee’s Application) is hereby incorporated herein by this reference. In the event of conflict or inconsistency between the articles, exhibits, attachments, specifications, or DocuSign Envelope ID: 4DF48FF1-5381-4412-BB39-0B7477699622 In Process
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Zip Books Project
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provisions that constitute this Agreement, the following order of precedence shall apply:
a. Grant Agreement Coversheet and any Amendments thereto b. Terms and Conditions
c. Procedures and Requirements
d. Certificate of Compliance
e. Project Summary
f. Grantee’s Application (including Budget and Activities Timeline) g. All other attachments hereto, including any that are incorporated by reference.
30. Payment:
a. The approved Budget, if applicable, is attached hereto and incorporated herein by this reference and states the maximum amount of allowable costs for each of the tasks identified in the Project Summary and Activity Timeline included in the project application. California State Library shall provide funding to the Grantee for only the work and tasks specified in the Grantee’s Application at only those costs specified in the Budget and incurred in the term of the Agreement.
b. The Grantee shall carry out the work described in the Work Plan or in the Grantee’s Application in accordance with the approved Budget and shall obtain the Grant Monitor’s written approval of any changes or modifications to the Work Plan, approved project as described in the Grantee’s Application, or the approved Budget prior to performing the changed work or incurring the changed cost. If the Grantee fails to obtain such prior written approval, the State Librarian or designee, at his or her sole discretion, may refuse to provide funds to pay for such work or costs. c. The Grantee shall request funds in accordance with the funding schedule included in this agreement.
d. Ten percent (10%) will be withheld from the Payment Request (if applicable) and paid at the end of the grant term, when all reports and conditions stipulated in this Agreement have been satisfactorily completed. Failure by the grantee to satisfactorily complete all reports and conditions stipulated in this Agreement may result in forfeiture of any such funds withheld.
e. Lodgings, Meals and Incidentals: Grantee’s eligible costs are limited to the amounts authorized in the California State Administrative Manual (see Exhibit C or contact the Grant Monitor for more information). f. Payment will be made only to the Grantee.
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g. Reimbursable expenses shall not be incurred unless and until the grantee receives a Notice to Proceed as described in the Procedures and Requirements.
31. Personal Jurisdiction: The Grantee consents to personal jurisdiction in the State of California for all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties.
Native American Tribal grantees expressly waive tribal sovereign immunity as a defense to any and all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties.
32. Personnel Costs: Any personnel expenditures to be paid for with grant funds must be computed based on actual time spent on grant-related activities and on the actual salary or equivalent hourly wage the employee is paid for their regular job duties, including a proportionate share of any benefits to which the employee is entitled.
33. Pledge: This Agreement shall not be interpreted to create any pledge or any commitment by the State Library to make any other or further grants or contributions to Grantee, or any other person or entity in connection with the Project. It is mutually agreed that Grantee is responsible for furnishing funds beyond the grant award that may be necessary to complete outcomes or deliverables.
34. Privacy Protection: Both parties agree to protect the confidentiality of any non- public, personal information that may be contained in materials received or produced in connection with this Agreement, as required by Civil Code, section 1798, et. seq.
35. Prohibited Use: The expenditure under this program shall not be used to supplant Grantee efforts in other grant programs provided by the California State Library.
36. Public Records Act: Material maintained or used by the California State Library is considered “public record” under the Public Records Act (PRA) at Government Code, sections 6250, et. seq. This includes the Interim and Final reports, and any other written communications between the parties. Grantee agrees to ensure that all content contained in its written reports are appropriate for publication.
Said material, along with all other reports, documentation and data collected during the term of the Agreement, will be subject to disclosure unless it qualifies for exemption under the PRA in whole or in part. Grantee agrees to alert the State Library as to a basis for exemption if any exists.
37. Publicity Obligations: Grantee will notify the State Library of any promotional materials or publications resulting from the grant no later than five (5) days in advance of distribution, whether they are print, film, electronic, or in any other DocuSign Envelope ID: 4DF48FF1-5381-4412-BB39-0B7477699622 In Process
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format or medium. Copies of all promotional materials will be provided to the State Library. Grantee will acknowledge the State Library’s support as noted above. Grantee agrees that the State Library may include information about this grant and its outcomes in its own annual reports, with specific reference to Grantee, and may distribute such information to third parties.
38. Records: Communications, grant related documents, data, original receipts, and invoices must be maintained by Grantee and shall be made available to the State Library upon request. Grantee agrees to maintain adequate grant program records and adequate financial records consistent with generally accepted accounting practices, and to retain all records for at least five (5) years after the end-of-term. The State Library may monitor or conduct an onsite evaluation of Grantee’s operation to ensure compliance with this Agreement, with reasonable advance notice.
39. Reduction of Waste: In the performance of this Agreement, Grantee shall take all reasonable steps to ensure that materials purchased or utilized in the course of the project are not wasted. Steps should include, but not be limited to the use of used, reusable, or recyclable products; discretion in the amount of materials used; alternatives to disposal of materials consumed; and the practice of other waste reduction measures where feasible and appropriate.
40. Reimbursement Limitations: Under no circumstances shall the Grantee seek reimbursement pursuant to this Agreement for a cost or activity that has been or will be paid for through another funding source. The Grantee shall not seek reimbursement for any costs used to meet cost sharing or matching requirements of any other California State Library funded program.
41. Reports and Claims: It is the responsibility of the grantee make the required reports and claims to the California State Library.
a. The grantee shall be responsible for submitting to the State Library Narrative Reports detailing progress and activities. The reports are due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section.
b. The grantee shall be responsible for submitting to the State Library Financial Reports reflecting grantee expenditure activity. The reports are due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section.
c. To obtain payment hereunder the grantee shall submit authorized claims provided by the State Library for that purpose, on each of the following mentioned dates for payment, and the California State Library agrees to reimburse the library as soon thereafter as State fiscal procedures will permit.
DocuSign Envelope ID: 4DF48FF1-5381-4412-BB39-0B7477699622 In Process
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d. The final 10% of the grant award (if applicable) is payable only upon approval of all final reports and receipt of claim form. Failure to provide timely reports is a serious breach of an award recipient’s administrative duty under the award.
e. Payment will be provided to cover the expenditures incurred by the grantee for the project in the following manner:
o $3,776 upon execution of the agreement and submission of claim by the grantee organization.
o If applicable, final payment will be made upon approval of all final reports and receipt of claim form in the amount of $0.
42. Self-Dealing and Arm’s Length Transactions: All expenditures for which reimbursement pursuant to this Agreement is sought shall be the result of arm’s- length transactions and not the result of, or motivated by, self-dealing on the part of the Grantee or any employee or agent of the Grantee. For purposes of this provision, “arm’s-length transactions” are those in which both parties are on equal footing and fair market forces are at play, such as when multiple vendors are invited to compete for an entity’s business and the entity chooses the lowest of the resulting bids. “Self-dealing” is involved where an individual or entity is obligated to act as a trustee or fiduciary, as when handling public funds, and chooses to act in a manner that will benefit the individual or entity, directly or indirectly, to the detriment of, and in conflict with, the public purpose for which all grant monies are to be expended.
43. Severability: If any part of this Agreement is found to be unlawful or unenforceable, such provisions will be voided and severed from this Agreement, but the remainder of the provisions in the Agreement will remain in full force and effect.
44. Site Visits: The Grantee shall allow the California State Library to access and conduct site visits, with reasonable notice, at which grant funds are expended and related work being performed at any time during the performance of the work and for up to ninety (90) days after completion of the work, or until all issues related to the grant project have been resolved. A site visit may include, but not be limited to, monitoring the use of grant funds, provide technical assistance when needed, and to visit the State funded project.
45. Termination: The Agreement shall be subject to termination by the State Librarian or designee upon notice to the Grantee at least thirty (30) days prior to the effective date of termination. In the event this agreement is terminated, the Grantee shall deliver to the State Librarian copies of all reports, accounting, data, and materials prepared up to the date of termination. The State Librarian shall determine and pay the Grantee for necessary and appropriate DocuSign Envelope ID: 4DF48FF1-5381-4412-BB39-0B7477699622 In Process
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expenditures and obligations up to the date of termination which have not been covered by prior installments previously paid to the Grantee. Upon such termination, the unused portion of the grant award must be returned to the California State Library within 45 days. If funding has been advanced to the Grantee, any unobligated balances, as determined by the State Librarian, shall be returned to the State Library within 45 days of the notice of termination.
46. Timeline: Time is of the essence to this Agreement. It is mutually agreed between the parties that the grant application and the timeline included therein are part of the Agreement.
47. Unused Funds: At the end-of-term Grantee agrees to return any unexpended or unaccounted for funds to the State Library, or to submit a written request for an extension of the grant period. Funds will be considered unexpended or unaccounted if they were: (1) not used for their intended purpose, or (2) used inconsistent with the terms of this Agreement.
Funds will also be considered unaccounted for, and must be returned, if the proposal outcomes or deliverables are materially incomplete by the end-of-term or earlier termination, as determined by the State Library in its sole discretion.
48. Waiver of Rights: California State Library shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by California State Library. No delay or omission on the part of California State Library in exercising any rights shall operate as a waiver of such right or any other right. A waiver by California State Library of a provision of this Agreement shall not prejudice or constitute a waiver of California State Library’s right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by California State Library, nor any course of dealing between California State Library and Grantee, shall constitute a waiver of any of California State Library’s rights or of any of grantee’s obligations as to any future transactions. Whenever the consent of California State Library is required under this Agreement, the granting of such consent by California State Library in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of California State Library.
49. Work Products: Grantee shall provide California State Library with copies of all final products identified in the Work Plan and Application. Grantee shall also provide the State Library with copies of all public education and advertising material produced pursuant to this Agreement.
DocuSign Envelope ID: 4DF48FF1-5381-4412-BB39-0B7477699622 In Process
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Zip Books Project
2023-2024 ZIP23-61
50. Worker’s Compensation: The State of California will not provide Workers’ Compensation insurance for Grantee or Grantee’s employees or contract personnel. If Grantee hires employees to perform services required by this Agreement, Grantee shall provide Workers’ Compensation insurance for them.
The Grantee is aware of Labor Code Section 3700, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the Labor Code, and the Grantee agrees to comply with such provisions before commencing the performance of the work of this Agreement.
DocuSign Envelope ID: 4DF48FF1-5381-4412-BB39-0B7477699622 In Process
Monterey Park Bruggemeyer Library
Zip Books Project
2023-2024 ZIP23-61
EXHIBIT B: CERTIFICATION of COMPLIANCE FORM
1. AUTHORIZED REPRESENTATIVE: I certify that the authorized representative named below is the legally designated representative of the Grantee for this Grant Agreement and project and is authorized to receive and expend funds in order to administer this grant program.
2. I certify that all information provided to the California State Library for review in association with this award is correct and complete to the best of my knowledge, and as the authorized representative of the Grantee, I commit to the conditions of this award, and I have the legal authority to do so.
3. I certify that any or all other participants or contractors in the grant program have agreed to the terms of the application/grant award and have entered into an agreement(s) concerning the final disposition of equipment, facilities, and materials purchased for this program from the funds awarded for the activities and services described in the attached, as approved and/or as amended in the application by the California State Librarian.
4. The authorized representative, on behalf of the Grantee, certifies that the Grantee will comply with all applicable requirements of State and Federal laws, regulations, and policies governing this program, to include the requirements listed below in this Certification of Compliance Form.
5. The authorized representative, on behalf of the Grantee, hereby certifies to the California State Library, for an award of funds in the amount $3,776. This award will provide library services as set forth in the Project Application as approved and/or as amended by the California State Librarian.
6. STATEMENT OF COMPLIANCE: Grantee has, unless exempted, complied with the non-discrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102).
7. DRUG-FREE WORKPLACE REQUIREMENTS: Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug- free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
DocuSign Envelope ID: 4DF48FF1-5381-4412-BB39-0B7477699622 In Process
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2023-2024 ZIP23-61
1) The dangers of drug abuse in the workplace.
2) The person's or organization's policy of maintaining a drug-free workplace.
3) Any available counseling, rehabilitation, and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and,
2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.
Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Grantee may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Grantee has made false certification or violated the certification by failing to carry out the requirements as noted above. (Gov. Code § 8350 et. seq.)
8. CONFLICT OF INTEREST: Grantee needs to be aware of the following provisions regarding current or former state employees. If Grantee has any questions on the status of any person rendering services or involved with the Agreement, the California State Library must be contacted immediately for clarification.
Current State Employees (Pub. Contract Code § 10410):
a. No officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.
b. No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code § 10411):
a. For the two-year period from the date, he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. b. For the twelve-month period from the date, he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.
DocuSign Envelope ID: 4DF48FF1-5381-4412-BB39-0B7477699622 In Process
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2023-2024 ZIP23-61
If Grantee violates any provisions of above paragraphs, such action by Grantee shall render this Agreement void. (Pub. Contract Code § 10420).
Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub.
Contract Code § 10430 (e)).
9. LABOR CODE/WORKERS' COMPENSATION: Grantee needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code § 3700).
10. AMERICANS WITH DISABILITIES ACT: Grantee assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et. seq.)
11. RESOLUTION: For awards totaling $350,000 or more, a county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.
12. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all Grantees that are not another state agency or other governmental entity.
13. DRUG FREE WORKPLACE:
a. Continue to provide a drug-free workplace by complying with the requirements in 2 C.F.R. part 3186 (Requirements for Drug-Free Workplace (Financial Assistance)). In particular, the recipient must comply with drug- free workplace requirements in subpart B of 2 C.F.R. part 3186, which adopts the Government-wide implementation (2 C.F.R. part 182) of sections 5152-5158 of the Drug-Free Workplace Act of 1988 (P. L. 100-690, Title V, Subtitle D; 41 U.S.C. §§ 701-707).
b. This includes but is not limited to making a good faith effort, on a continuing basis, to maintain a drug-free workplace; publishing a drug- free workplace statement; establishing a drug-free awareness program for the employees; taking actions concerning employees who are convicted of violating drug statutes in the workplace.
14. ACCESSIBILITY: The organization receiving this award, as listed in the certification section below, and all program staff, will ensure all project materials will meet California accessibility standards.
15. NON-DISCRIMINATION: The organization receiving this award, as listed in the certification section below, and all program staff, agree to comply with all California non-discrimination laws.
DocuSign Envelope ID: 4DF48FF1-5381-4412-BB39-0B7477699622 In Process
Monterey Park Bruggemeyer Library
Zip Books Project
2023-2024 ZIP23-61
16. ACKNOWLEDGEMENT: The organization receiving this award, as listed in the certification section below, and all program staff, agree to comply with California State Library acknowledgement requirements.
Certification
ORGANIZATION
Name: Address (official and complete):
PROJECT COORDINATOR
Name:
Email: Phone:
GRANTTEE AUTHORIZED REPRESENTATIVE
Name: Title:
Email: Phone:
Signature: Date:
DocuSign Envelope ID: 4DF48FF1-5381-4412-BB39-0B7477699622 626-307-1418
Michael Le
Monterey Park Bruggemeyer Library
[email protected]
Diana Garcia
Interim Assistant Manager/City Librarian
8/10/2023
626-307-1399
318 S Ramona Ave
[email protected]
In Process
Monterey Park Bruggemeyer Library
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2023-2024 ZIP23-61
Authorized Representative Signature
ORGANIZATION
Name: Address (official and complete):
AUTHROIZED REPRESENTATIVE
Signature: Date:
Printed Name of Person Signing: Title:
STATE OF CALIFORNIA
Agency Name: California State Library Address: 900 N Street, Sacramento, CA 95814 Signature: Date:
Printed Name of Person Signing: Title: California State Librarian
DocuSign Envelope ID: 4DF48FF1-5381-4412-BB39-0B7477699622 Greg Lucas
8/10/2023
8/10/2023
318 S Ramona Ave, Monterey Park, CA 91754
Diana Garcia
Monterey Park Bruggemeyer Library
Interim Assistant City Manager/City Librarian
In Process
Monterey Park Bruggemeyer Library
Zip Books Project
2023-2024 ZIP23-61
EXHIBIT C: STATE REIMBURSABLE TRAVEL EXPENSES
Rates are subject to change per State of California, Department of Human Resources Please Check State of California, Department of Human Resources Website for updated expenses:
http://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx
Mileage:
Rate subject to change
$0.585 per mile – approved business/travel expense
Meals:
Receipts are required
$7.00 – Breakfast
$11.00 – Lunch
$23.00 – Dinner
$5.00 - Incidentals
Meals Note: Lunch can only be claimed if travel is more than 24 hours. Incidental charge may be claimed once for every 24-hour period and should cover incidental expenses, such as but not limited to, tip, baggage handling, etc.
Hotel:
Receipts are required
and MUST have a zero
balance.
$ 90.00 plus tax for all counties/cities not listed below $ 95.00 plus tax for Napa, Riverside, and Sacramento
Counties
$ 110.00 plus tax for Marin County
$ 120.00 plus tax for Los Angeles, Orange, and Ventura
Counties, and Edwards AFB. Excluding the city of Santa
Monica
$ 125.00 plus tax for Monterey and San Diego Counties
$ 140.00 plus tax for Alameda, San Mateo, and Santa
Clara Counties
$ 150.00 plus tax for the City of Santa Monica
$ 250.00 plus tax for San Francisco County
Out of State: Prior authorization must be obtained, as well as three print-out hotel quotes. Actual receipt must be included with authorization and additional quotes.
Hotel Note: If the above approved reimbursable hotel rates cannot be secured, please contact your grant monitor to obtain an excess lodging form. This form must be approved prior to actual travel.
AIRLINE TICKETS:
Itinerary and receipts are
required
Actual reasonable fees pertaining to airline travel will be reimbursed. Business, First Class, or Early Bird Check-in fee is not an approved reimbursable expense.
DocuSign Envelope ID: 4DF48FF1-5381-4412-BB39-0B7477699622 In Process
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Zip Books Project
2023-2024 ZIP23-61
April 25, 2022
RE: Contractor and Grantee Compliance with Economic Sanctions Imposed in Response to Russia’s Actions in Ukraine
Dear Grantee,
You are receiving this notification because you currently have an active grant through the California State Library.
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (EO) regarding sanctions in response to Russian aggression in Ukraine. The EO is located at https://www.gov.ca.gov/wp- content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf.
The EO directs all agencies and departments that are subject to the Governor’s authority to take certain immediate steps, including notifying all contractors and grantees of their obligations to comply with existing economic sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law.
This correspondence serves as a notice under the EO that as a contractor or grantee, compliance with the economic sanctions imposed in response to Russia’s actions in Ukraine is required, including with respect to, but not limited to, the federal executive orders identified in the EO and the sanctions identified on the U.S. Department of the Treasury website (https://home.treasury.gov/policy-issues/financial- sanctions/sanctions-programs-and-country-information/ukraine-russia-related-sanctions). Failure to comply may result in the termination of contracts or grants, as applicable.
Please note that for any agreements or grants valued at $5 million or more, a separate notification will be sent outlining additional requirements specified under the EO.
Annly Roman
California State Library
900 N Street
Sacramento, CA 95814
DocuSign Envelope ID: 4DF48FF1-5381-4412-BB39-0B7477699622 In Process
CALIFORNIA LIBRARY SERVICES ACT
FINANCIAL CLAIM
PAYMENT IN FULL
CERTIFICATION
I hereby certify under penalty of perjury: that I am the duly authorized representative of the claimant herein; that this claim is in all respects true, correct and in accordance with law and the terms of the agreement; and that payment has not previously been received for the amount claimed herein.
By
(Signature of the Authorized Representative)
(Print Name) (Title)
*Legal payee name must match the payee’s federal tax return. Warrant will be made payable to payee name. Payee discrepancies in name and/or address may cause delay in payment. If you need to change payee name and/or address, please contact Fiscal Services at [email protected].
State of California, State Library Fiscal Office
ENY: 2023 ITEM NO: 6120-211-0001, Chapter 12, Statutes of 2023 PURCHASING AUTHORITY NUMBER: CSL-6120 REPORTING STRUCTURE: 61202000 COA: 5432000 PROGRAM #: 5312
FAIN: N/A
By Date
(State Library Representative)
Grant Award #: ZIP23-61 Date:
Invoice #:
ZIP23-61-01 PO #:
6585
Payee Name: City of Monterey Park
(Legal name of authorized agency to receive, disburse and account for funds*) Complete Address:
Street Address, City, State, Zip Code (Warrant will be mailed to this address) Amount Claimed: $3,776 Type of Payment:
(Payable Upon Execution of Agreement) ☐ PROGRESS
Grantee Name: Monterey Park Bruggemeyer Library ☐ FINAL (Name on Award Letter and Agreement) ☒ IN FULL
Project Title: Zip Books Project ☐ AUGMENT
For Period From: upon execution to end of grant period
DocuSign Envelope ID: 4DF48FF1-5381-4412-BB39-0B7477699622 Diana Garcia
8/10/2023
Interim Assistant City Manager/City Librarian
318 W Newmark Ave, Monterey Park, CA 91754
In Process
STATE OF CALIFORNIA – DEPARTMENT OF FINANCE
PAYEE DATA RECORD
(Required when receiving payment from the State of California in lieu of IRS W-9 or W-7) STD 204 (Rev. 03/2021)
Section 1 – Payee Information
NAME (This is required. Do not leave this line blank. Must match the payee’s federal tax return) BUSINESS NAME, DBA NAME or DISREGARDED SINGLE MEMBER LLC NAME (If different from above) MAILING ADDRESS (number, street, apt. or suite no.) (See instructions on Page 2)
CITY, STATE, ZIP CODE E-MAIL ADDRES S
Section 2 – Entity Type
Check one (1) box only that matches the entity type of the Payee listed in Section 1 above. (See instructions on page 2) CORPORATION (see instructions on page 2)☐ SOLE PROPRIETOR / INDIVIDUAL ☐ MEDICAL (e.g., dentistry, chiropractic, etc.)☐ SINGLE MEMBER LLC Disregarded Entity owned by an individual ☐ PARTNERSHIP
☐ ESTATE OR TRUST
☐ LEGAL (e.g., attorney services)
☐ EXEMPT (e.g., nonprofit)
☐ ALL OTHERS
Section 3 – Tax Identification Number
Enter your Tax Identification Number (TIN) in the appropriate box. The TIN must match the name given in Section 1 of this form. Do not provide more than one (1) TIN.
The TIN is a 9-digit number. Note: Payment will not be processed without a TIN. •
•
•
•
•
•
For Individuals, enter SSN.
If you are a Resident Alien, and you do not have and are not eligible to get an SSN, enter your ITIN.
Grantor Trusts (such as a Revocable Living Trust while the grantors are alive) may not have a separate FEIN. Those trusts must enter the individual grantor’s SSN.
For Sole Proprietor or Single Member LLC (disregarded entity), in which the sole member is an individual, enter SSN (ITIN if applicable) or FEIN (FTB prefers SSN).
For Single Member LLC (disregarded entity), in which the s ole member is a business entity, enter the owner entity’s FEIN. Do not use the disregarded entity’s FEIN.
For all other entities including LLC that is taxed as a corporation or partnership, estates/trusts (with FEINs), enter the entity’s FEIN.
Social Security Number (SSN) or
Individual Tax Identification Number (ITIN)
___ ___ ___ -___ ___ - ___ ___ ___ __
_
OR
Federal Employer Identification Number
(FEIN)
___ ___ - ___ ___ ___ __
_ ___ ___ ___
Section 4 – Payee Residency Status (See instructions)
☐ CALIFORNIA RESIDENT – Qualified to do business in California or maintains a permanent place of business in California. ☐ CALIFORNIA NONRESIDENT – Payments to nonresidents for services may be subject to state income tax withholding. ☐No servic
es performed in California
☐Copy of Franc
hise Tax Board waiver of state withholding is attached.
Section 5 – Certification
I hereby certify under penalty of perjury that the information provided on this document is true and correct.
Should my residency status change, I will promptly notify the state agency below.
NAME OF AUTHORIZED PAYEE REPRESENTATIVE TITLE E-MAI L ADDRESS SIG
NATURE DATE TELE
PHONE (include area code)
Section 6 – Paying State Agency
Please return completed form to:
STATE AGENCY/DEPARTMENT OFFICE UN IT/SECTION
MAI
LING ADDRESS FAX TEL
EPHONE (include area code)
CITY ST ATE ZI P CODE E-M AIL ADDRESS
Print Form
Reset Form
DocuSign Envelope ID: 4DF48FF1-5381-4412-BB39-0B7477699622
Admin/AccoutningCa. State Library
916-603-7157
900 N Street
95814Sacramento CA
In Process
STATE OF CALIFORNIA – DEPARTMENT OF FINANCE
PAYEE DATA RECORD
(Required when receiving payment from the State of California in lieu of IRS W-9 or W-7) STD 204 (Rev. 03/2021)
GENERAL INSTRUCTIONS
Type or print the information on the Payee Data Record, STD 204 form. Sign, date, and return to the state agency/department office address shown in Section 6.
Prompt return of this fully completed form will prevent delays when processing payments.
Information provided in this form will be used by California state agencies/departments to prepare Information Returns (Form1099).
NOTE: Completion of this form is optional for Government entities, i.e. federal, state, local, and special districts.
A completed Payee Data Record, STD 204 form, is required for all payees (non-governmental entities or individuals) entering into a transaction that may lead to a payment from the state. Each state agency requires a completed, signed, and dated STD 204 on file; therefore, it is possible for you to receive this form from multiple state agencies with which you do business.
Payees who do not wish to complete the STD 204 may elect not to do business with the state. If the payee does not complete the STD 204 and the required payee data is not otherwise provided, payment may be reduced for federal and state backup withholding. Amounts reported on Information Returns (Form 1099) are in accordance with the Internal Revenue Code (IRC) and the California Revenue and Taxation Code (R&TC).
Section 1 – Payee Information
Name – Enter the name that appears on the payee's federal tax return. The name provided shall be the tax liable party and is subjec t to IRS TIN matching (when applicable).
• Sole Proprietor/Individual/Revocable Trusts – enter the name shown on your federal tax return. • Singl
e Member Limited Liability Companies (LLCs) that is disregarded as an entity separate from its owner for federal tax purposes - enter the name of the individual or business entity that is tax liable for the business in section 1. Enter the DBA, LLC name, trade, or fictitious name under Business Name. • Note: for the S
tate of California tax purposes, a Single Member LLC is not disregarded from its owner, even if they may be disregarded at the Federal level. • Partnerships, Estates/Trusts, or Corporations – enter the entity name as shown on the entity’s federal tax return. The name provided in Section 1 must match to the TIN provided in section 3. Enter any DBA, trade, or fictitious business names under Business Name.
Business Name – Enter the business name, DBA name, trade or fictitious name, or disregarded LLC name.
Mailing Address – The mailing address is the address where the payee will receive information returns. Use form STD 205, Payee Data Record Supplement to provide a remittance address if different from the mailing address for information returns, or make subsequent changes to the remittance address.
Section 2 – Entity Type
If the Payee in Section 1 is a(n)… THEN Select the Box for… Individual ● Sole Proprietorship ● Grantor (Revocable Living) Trust disregarded for federal tax purposes Sole Proprietor/Individual Limited Liability Company (LLC) owned by an individual and is disregarded for federal tax purposes Single Member LLC-owned by an individual Partnerships ● Limited Liability Partnerships (LLP) ● and, LLC treated as a Partnership Partnerships Estate ● Trust (other than disregarded Grantor Trust) Estate or Trust Corporation that is medical in nature (e.g., medical and healthcare services, physician care, nursery care, dentistry, etc. ● LLC that is to be taxed like a Corporation and is medical in nature Corporation-Medical
Corporation that is legal in nature (e.g. , services of attorneys, arbitrators, notary publics involving legal or law related matters, etc.) ● LLC that is to be taxed like a Corporation and is legal in nature Corporation-Legal
Corporation that qualifies for an Exempt status, including 501(c) 3 and domestic non-profit corporations. Corporation-Exempt Corporation that does not meet the qualifications of any of the other corporation types listed above ● LLC that is to be taxed as a Corporation and does not meet any of the other corporation types listed above Corporation-All Other
Section 3 – Tax Identification Number
The State of California requires that all parties entering into business transactions that may lead to payment(s) from the st ate provide their Taxpayer Identification Number (TIN). The TIN is required by R&TC sections 18646 and 18661 to facilitate tax com pliance enforcement activities and preparation of Form 1099 and other information returns as required by the IRC section 6109(a) and R&TC section 18662 and its regulations.
Section 4 – Payee Residency Status
Are you a California resident or nonresident?
• A corporation will be defined as a "resident" if it has a permanent place of business in California or is qualified through the Secretary of State to do business in California.
• A partnership is considered a resident partnership if it has a permanent place of business in California. • An es
tate is a resident if the decedent was a California resident at time of death. • A tr
ust is a resident if at least one trustee is a California resident. o For
individuals and sole proprietors, the term "resident" includes every individual who is in California for other than a temporary or transitory purpose and any individual domiciled in California who is absent for a temporary or transitory purpose. Generally, an individual who comes to California for a purpose that will extend over a long or indefinite period will be considered a resident. However, an individual who comes to perform a particular contract of short duration will be considered a nonresident.
For
information on Nonresident Withholding, contact the Franchise Tax Board at the numbers listed below:
Wi
thholding Services and Compliance Section: 1-888-792-4900 E-mail address: [email protected] For
hearing impaired with TDD, call: 1-800-822-6268 Website: ww w.ftb.ca.gov
Section 5 – Certification
Provide the name, title, email address, signature, and telephone number of individual completing this form and date completed. In the event that a SSN or ITIN is provided, the individual identified as the tax liable party must certify the form. Note: the signee may differ from the tax liable party in this situation if the signe e can provide a power of attorney documented for the individual.
Section 6 – Paying State Agency
This section must be completed by the state agency/department requesting the STD 204.
Privacy Statement
Section 7(b) of the Privacy Act of 1974 (Public Law 93-579) requires that any federal, state, or local governmental agency, which requests an individual to disclose their social security account number, shall inform that individual whether that disclosure is mandatory or voluntary, by which statutory or other authority such number is solicited, and what uses will be made of it. It is mandatory to furnish the information requested. Federal law requires that payment for which the requested information is not provided is subject to federal backup withholding and state law imposes noncompliance penalties of up to $20,000. You have the right to access records containing your personal information, such as your SSN. To exercise that right, please contact the business services unit or the accounts payable unit of the state agency(ies) with which you transact that business.
All questions should be referred to the requesting state agency listed on the bottom front of this form.
DocuSign Envelope ID: 4DF48FF1-5381-4412-BB39-0B7477699622 In Process
City Council Staff Report
DATE: September 6, 2023
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: Environmental Systems Research Institute (ESRI) Enterprise Agreement RECOMMENDATION:
It is recommended that the City Council consider:
1. Waiving the bidding requirements pursuant to Monterey Park Municipal Code §
3.20.050(2);
2. Authorizing the Interim City Manager to execute an agreement, in a form approved by the City Attorney, with Environmental Systems Research Institute, Inc. (ESRI), for Enterprise GIS software, maintenance and support in an amount of $170, 580; and
3. Taking such additional, related action that may be desirable.
EXECUTIVE SUMMARY:
ESRI is a Geographic Information System (GIS) software company. The City has been working with ESRI on a limited basis since 2008. ESRI’s software helps the City map infrastructure and City assets to prioritize operations and maintenance. As ESRI is the sole-source provider for ESRI products in the United States, staff recommends the City Council waive the bidding requirements pursuant to Monterey Park Municipal Code (MPMC) § 3.20.050(2), and authorize the Interim City Manager to execute a three-year agreement with ESRI to provide GIS software, maintenance, and support for the Department of Public Works at a cost of $ 56,860 per year or $170,580 total agreement cost.
BACKGROUND:
ESRI is a supplier of GIS management application software. GIS is a system designed to capture, store, analyze, manage, and present all types of geographical data. The Department of Public Works is heavily reliant on the availability of data to inform decision- making, manage day-to-day operations, optimize service delivery, and improve citizen engagement. An enterprise GIS is one of the largest and most impactful data sources utilized by numerous cities and businesses. GIS data is also used to create maps and manage critical underground infrastructure and City assets.
Consent Calendar - 3N
Staff Report
September 6, 2023
ArcGIS, one of ESRI’s GIS software platforms is commonly used worldwide. City staff began using ESRI software in 2008. Initially, this use was confined to single projects on a few desktops. As the benefits of GIS became more widely known, GIS software expanded to the Fire Department in 2010. The City uses ESRI software to provide layers of authoritative data, map services, and web applications. Currently, the Public Works, Fire, Community Development, and Police Departments use various applications of the GIS system for their operations. At the August 2, 2023 meeting, Public Works staff provided a presentation to City Council showing how the department is also using the system to communicate with the public on various capital improvement projects throughout the City.
To maximize the use of GIS, staff recommends entering into a three-year contract for the Small Government Departmental Enterprise Agreement (EA) as it is the most cost- effective service delivery method to best meet the City’s GIS needs. This departmental EA with ESRI will provide full GIS access via ArcGIS software to allow the various city departments to build successful and scalable enterprise GIS platforms. ESRI’s proposed agreement will include software, technical support, and upgrades/updates that will link the various divisions within Public Works with a familiar mapping interface, coordinating the work of the City.
The cost for the proposed EA, including two licenses for the ArcGIS Business Analyst subscription, is $56, 860 per year for a term of three years. ESRI is the sole-source provider of ESRI products. Staff recommends the City Council waive the bidding requirements, per MPMC 3.20.050 Exceptions to Bidding, authorize the City Manager to execute a three-year agreement with ESRI to provide GIS software, maintenance, and support for the City for $170,580 total agreement cost. 2023-2024 STRATEGIC PLAN GOAL:
The proposed agreement supports the City’s strategic plan goals of City Property/Facilities and Public Communications. ESRI provides staff with an efficient mechanism to track and manage improvements to City properties and facilities and to communicate with the community about capital improvement projects.
FISCAL IMPACT:
The FY 23-24 budget has sufficient funds in the Information Technology Division’s budget for year 1 of this contract. Future-year costs would be budgeted as part of the annual budget process.
Staff Report
September 6, 2023
Respectfully submitted by: Reviewed by:
Shawn Igoe Martha Garcia
Director of Public Works Director of Finance
Approved by: Reviewed by:
Inez Alvarez
Interim City Manager
Karl H. Berger
City Attorney
ATTACHMENTS:
1. ESRI Sole-Source Letter
2. ESRI Quote
Staff Report
September 6, 2023
ATTACHMENT 1
ESRI Sole-Source Letter
SOLE SOURCE LETTER
Environmental Systems Research Institute, Inc. (Esri)
380 New York Street
Redlands, CA 92373
J-8933-SGE/JR July 21, 2023
Esri 380 New York St., Redlands, CA 92373-8100, USA • TEL 909-793-2853 • FAX 909-793-5953 • E-MAIL [email protected] • WEB www.esri.com DATE: July 21, 2023
TO: City of Monterey Park
FROM: Jackie Ricks, Contracts Specialist I, Contracts and Legal Services Dept.
RE: Esri Sole Source Justification for Small Municipal and County Government Enterprise Agreement
This letter confirms Esri, as owner and manufacturer, is the sole source provider of all U.S. domestic Small Municipal and County Government Enterprise Agreements (EA). The Small Municipal and County Government EA is a bundled package of term limited software licenses and maintenance that includes the right to copy.
Subject to the disclosures set forth below, Esri is the only source that can grant a right to copy and deploy Enterprise Software within your organization (Enterprise). Also, domestically Esri is the only source of maintenance (updates and technical support) for all Esri ® software.
Esri has authorized certain resellers to resell Small Local Government Cloud-Based Enterprise Agreements for populations of less than 15,000.
If you have further questions, please feel free to call our Contracts and Legal Services Department at 909-793-2853, extension 1990.
Staff Report
September 6, 2023
ATTACHMENT 2
Quote
Quotation # Q-499887
Date: June 23, 2023
Environmental Systems Research Institute, Inc.
380 New York St
Redlands, CA 92373-8100
Phone: (909) 793-2853
DUNS Number: 06-313-4175 CAGE Code: 0AMS3
Customer # 571079 Contract #
City of Monterey Park
Public Works Dept
320 W Newmark Ave
Monterey Park, CA 91754-2818
To expedite your order, please attach a copy of ATTENTION: Ziad Mazboudi this quotation to your purchase order. PHONE:
Quote is valid from: 6/23/2023 To: 9/21/2023 EMAIL: [email protected]
Material Qty Term Unit Price Total
168179 1 Year 1 $56,700.00 $56,700.00
Populations of 50,001 to 100,000 Small Government Enterprise Agreement Annual Subscription 168179 1 Year 2 $56,700.00 $56,700.00
Populations of 50,001 to 100,000 Small Government Enterprise Agreement Annual Subscription 168179 1 Year 3 $56,700.00 $56,700.00
Populations of 50,001 to 100,000 Small Government Enterprise Agreement Annual Subscription Subtotal: $170,100.00
Sales Tax: $0.00
Estimated Shipping and Handling (2 Day Delivery): $0.00 Contract Price Adjust: $0.00
Total: $170,100.00
Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.
For questions contact:
Beth Taylor
Email:
[email protected]
Phone:
909-793-2853 ext 2137 x2137
The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri’s standard terms and conditions found at https://go.esri.com/MAPS apply to your purchase of that item. If any item is quoted with a multi-year payment schedule, then unless otherwise stated in this quotation, Customer is required to make all payments without right of cancellation. Third-party data sets included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. If Esri is unable to provide any such data set, Customer will not be responsible for any further payments for the data set. US Federal government entities and US government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri’s GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply to some US state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri’s offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin for customers located in the USA.
TAYLORB This offer is limited to the terms and conditions incorporated and attached herein.
Quotation # Q-499887
Date: June 23, 2023
Environmental Systems Research Institute, Inc.
380 New York St
Redlands, CA 92373-8100
Phone: (909) 793-2853
DUNS Number: 06-313-4175 CAGE Code: 0AMS3
Customer # 571079 Contract #
City of Monterey Park
Public Works Dept
320 W Newmark Ave
Monterey Park, CA 91754-2818
To expedite your order, please attach a copy of ATTENTION: Ziad Mazboudi this quotation to your purchase order. PHONE:
Quote is valid from: 6/23/2023 To: 9/21/2023 EMAIL: [email protected]
_________________________________________________________________________________________________________________________________ If you have made ANY alterations to the line items included in this quote and have chosen to sign the quote to indicate your acceptance, you must fax Esri the signed quote in its entirety in order for the quote to be accepted. You will be contacted by your Customer Service Representative if additional information is required to complete your request.
If your organization is a US Federal, state, or local government agency; an educational facility; or a company that will not pay an invoice without having issued a formal purchase order, a signed quotation will not be accepted unless it is accompanied by your purchase order.
In order to expedite processing, please reference the quotation number and any/all applicable Esri contract number(s) (e.g. MPA, ELA, SmartBuy, GSA, BPA) on your ordering document.
BY SIGNING BELOW, YOU CONFIRM THAT YOU ARE AUTHORIZED TO OBLIGATE FUNDS FOR YOUR ORGANIZATION, AND YOU ARE AUTHORIZING ESRI TO ISSUE AN INVOICE FOR THE ITEMS INCLUDED IN THE ABOVE QUOTE IN THE AMOUNT OF $___________, PLUS SALES TAXES IF APPLICABLE. DO NOT USE THIS FORM IF YOUR ORGANIZATION WILL NOT HONOR AND PAY ESRI'S INVOICE WITHOUT ADDITIONAL AUTHORIZING PAPERWORK.
Please check one of the following:
___ I agree to pay any applicable sales tax.
___ I am tax exempt, please contact me if exempt information is not currently on file with Esri.
___________________________________________ ________________________ Signature of Authorized Representative Date
___________________________________________
Name (Please Print)
___________________________________________
Title
_________________________________________________________________________________________________________________________________
The quotation information is proprietary and may not be copied or released other than for the express purpose of system selection and purchase/license. This information may not be given to outside parties or used for any other purpose without consent from Environmental Systems Research Institute, Inc. (Esri).
Any estimated sales and/or use tax reflected on this quote has been calculated as of the date of this quotation and is merely provided as a convenience for your organization's budgetary purposes. Esri reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing. If your organization is tax exempt or pays state tax directly, then prior to invoicing, your organization must provide Esri with a copy of a current tax exemption certificate issued by your state's taxing authority for the given jurisdiction.
Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.
For questions contact:
Beth Taylor
Email:
[email protected]
Phone:
909-793-2853 ext 2137 x2137
The items on this quotation are subject to and governed by the terms of this quotation, the most current product specific scope of use document found at https://assets.esri.com/content/dam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf, and your applicable signed agreement with Esri. If no such agreement covers any item quoted, then Esri’s standard terms and conditions found at https://go.esri.com/MAPS apply to your purchase of that item. If any item is quoted with a multi-year payment schedule, then unless otherwise stated in this quotation, Customer is required to make all payments without right of cancellation. Third-party data sets included in a quotation as separately licensed items will only be provided and invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions. If Esri is unable to provide any such data set, Customer will not be responsible for any further payments for the data set. US Federal government entities and US government prime contractors authorized under FAR 51.1 may purchase under the terms of Esri’s GSA Federal Supply Schedule. Supplemental terms and conditions found at https://www.esri.com/en-us/legal/terms/state-supplemental apply to some US state and local government purchases. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri’s offerings. Acceptance of this quotation is limited to the terms of this quotation. Esri objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. Unless prohibited by law, the quotation information is confidential and may not be copied or released other than for the express purpose of system selection and purchase/license. The information may not be given to outside parties or used for any other purpose without consent from Esri. Delivery is FOB Origin for customers located in the USA.
TAYLORB This offer is limited to the terms and conditions incorporated and attached herein.
Esri Use Only:
Cust. Name
Cust. #
PO #
Esri Agreement #
SMALL ENTERPRISE AGREEMENT
COUNTY AND MUNICIPALITY GOVERNMENT
(E214-3)
This Agreement is by and between the organization identified in the Quotation ("Customer") and Environmental Systems Research Institute, Inc. ("Esri").
This Agreement sets forth the terms for Customer's use of Products and incorporates by reference (i) the Quotation and (ii) the Master Agreement. Should there be any conflict between the terms and conditions of the documents that comprise this Agreement, the order of precedence for the documents shall be as follows: (i) the Quotation, (ii) this Agreement, and (iii) the Master Agreement. This Agreement shall be governed by and construed in accordance with the laws of the state in which Customer is located without reference to conflict of laws principles, and the United States of America federal law shall govern in matters of intellectual property. The modifications and additional rights granted in this Agreement apply only to the Products listed in Table A.
Table A
List of Products
Uncapped Quantities
Desktop Software and Extensions (Single Use)
ArcGIS Desktop Advanced
ArcGIS Desktop Standard
ArcGIS Desktop Basic
ArcGIS Desktop Extensions: ArcGIS 3D Analyst,
ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst,
ArcGIS Publisher, ArcGIS Network Analyst, ArcGIS
Schematics, ArcGIS Workflow Manager, ArcGIS Data
Reviewer
Enterprise Software and Extensions
ArcGIS Enterprise (Advanced and Standard)
ArcGIS Monitor
ArcGIS Enterprise Extensions: ArcGIS 3D Analyst,
ArcGIS Spatial Analyst, ArcGIS Geostatistical Analyst,
ArcGIS Network Analyst, ArcGIS Schematics, ArcGIS
Workflow Manager, ArcGIS Data Reviewer
Enterprise Additional Capability Servers
ArcGIS Image Server
Developer Tools
ArcGIS Runtime Standard
ArcGIS Runtime Analysis Extension
Limited Quantities
One (1) Professional subscription to ArcGIS Developer
Two (2) ArcGIS CityEngine Single Use Licenses
250 ArcGIS Online Viewers
250 ArcGIS Online Creators
37,500 ArcGIS Online Service Credits
250 ArcGIS Enterprise Creators
5 ArcGIS Insights in ArcGIS Enterprise
5 ArcGIS Insights in ArcGIS Online
50 ArcGIS Location Sharing for ArcGIS Enterprise
50 ArcGIS Location Sharing for ArcGIS Online
4 ArcGIS Parcel Fabric User Type Extensions (Enterprise) 4 ArcGIS Utility Network User Type Extensions (Enterprise) 4 ArcGIS Trace Network User Type Extensions (Enterprise)
OTHER BENEFITS
Number of Esri User Conference registrations provided annually 4 Number of Tier 1 Help Desk individuals authorized to call Esri 4 Maximum number of sets of backup media, if requested* 2 Five percent (5%) discount on all individual commercially available instructor-led training classes at Esri facilities purchased outside this Agreement
*Additional sets of backup media may be purchased for a fee
Customer may accept this Agreement by signing and returning the whole Agreement with (i) the Quotation attached, (ii) a purchase order, or (iii) another document that matches the Quotation and references this Agreement ("Ordering Document"). ADDITIONAL OR CONFLICTING TERMS IN CUSTOMER'S PURCHASE
ORDER OR OTHER DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL GOVERN. This Agreement is effective as of the date of Esri's receipt of an Ordering Document, unless otherwise agreed to by the parties ("Effective Date").
Term of Agreement: Three (3) years
This Agreement supersedes any previous agreements, proposals, presentations, understandings, and arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4— Product Updates, no modifications can be made to this Agreement.
Accepted and Agreed:
(Customer)
By:
Authorized Signature
Printed Name:
Title:
Date:
CUSTOMER CONTACT INFORMATION
Contact: Telephone:
Address: Fax:
City, State, Postal Code: E-mail:
Country:
Quotation Number (if applicable):
1.0—ADDITIONAL DEFINITIONS
In addition to the definitions provided in the Master
Agreement, the following definitions apply to this
Agreement:
"Case" means a failure of the Software or Online
Services to operate according to the Documentation
where such failure substantially impacts operational
or functional performance.
"Deploy", "Deployed" and "Deployment" mean to
redistribute and install the Products and related
Authorization Codes within Customer's
organization(s).
"Fee" means the fee set forth in the Quotation.
"Maintenance" means Tier 2 Support, Product
updates, and Product patches provided to Customer
during the Term of Agreement.
"Master Agreement" means the applicable master
agreement for Esri Products incorporated by this
reference that is (i) found at https://www.esri.com/en- us/legal/terms/full-master-agreement and available in
the installation process requiring acceptance by
electronic acknowledgment or (ii) a signed Esri
master agreement or license agreement that
supersedes such electronically acknowledged
master agreement.
"Product(s)" means the products identified in
Table A—List of Products and any updates to the list
Esri provides in writing.
"Quotation" means the offer letter and quotation
provided separately to Customer.
"Technical Support" means the technical
assistance for attempting resolution of a reported
Case through error correction, patches, hot fixes,
workarounds, replacement deliveries, or any other
type of Product corrections or modifications.
"Tier 1 Help Desk" means Customer's point of
contact(s) to provide all Tier 1 Support within
Customer's organization(s).
"Tier 1 Support" means the Technical Support
provided by the Tier 1 Help Desk.
"Tier 2 Support" means the Esri Technical Support
provided to the Tier 1 Help Desk when a Case
cannot be resolved through Tier 1 Support.
2.0—ADDITIONAL GRANT OF LICENSE
2.1 Grant of License. Subject to the terms and
conditions of this Agreement, Esri grants to
Customer a personal, nonexclusive,
nontransferable license solely to use, copy, and
Deploy quantities of the Products listed in
Table A—List of Products for the Term of
Agreement (i) for the applicable Fee and (ii) in
accordance with the Master Agreement.
2.2 Consultant Access. Esri grants Customer the
right to permit Customer's consultants or
contractors to use the Products exclusively for
Customer's benefit. Customer will be solely
responsible for compliance by consultants and
contractors with this Agreement and will ensure
that the consultant or contractor discontinues
use of Products upon completion of work for
Customer. Access to or use of Products by
consultants or contractors not exclusively for
Customer's benefit is prohibited. Customer may
not permit its consultants or contractors to install
Software or Data on consultant, contractor, or
third-party computers or remove Software or
Data from Customer locations, except for the
purpose of hosting the Software or Data on
Contractor servers for the benefit of Customer.
3.0—TERM, TERMINATION, AND EXPIRATION
3.1 Term. This Agreement and all licenses
hereunder will commence on the Effective Date
and continue for the duration identified in the
Term of Agreement, unless this Agreement is
terminated earlier as provided herein. Customer
is only authorized to use Products during the
Term of Agreement. For an Agreement with a
limited term, Esri does not grant Customer an
indefinite or a perpetual license to Products.
3.2 No Use upon Agreement Expiration or
Termination. All Product licenses, all
Maintenance, and Esri User Conference
registrations terminate upon expiration or
termination of this Agreement.
3.3 Termination for a Material Breach. Either party
may terminate this Agreement for a material
breach by the other party. The breaching party
will have thirty (30) days from the date of written
notice to cure any material breach.
3.4 Termination for Lack of Funds. For an
Agreement with government or government-
owned entities, either party may terminate this
Agreement before any subsequent year if
Customer is unable to secure funding through
the legislative or governing body's approval
process.
3.5 Follow-on Term. If the parties enter into
another agreement substantially similar to this
Agreement for an additional term, the effective
date of the follow-on agreement will be the day
after the expiration date of this Agreement.
4.0—PRODUCT UPDATES
4.1 Future Updates. Esri reserves the right to
update the list of Products in Table A—List of
Products by providing written notice to
Customer. Customer may continue to use all
Products that have been Deployed, but support
and upgrades for deleted items may not be
available. As new Products are incorporated into
the standard program, they will be offered to
Customer via written notice for incorporation into
the Products schedule at no additional charge.
Customer's use of new or updated Products
requires Customer to adhere to applicable
additional or revised terms and conditions in the
Master Agreement.
4.2 Product Life Cycle. During the Term of
Agreement, some Products may be retired or
may no longer be available to Deploy in the
identified quantities. Maintenance will be subject
to the individual Product Life Cycle Support
Status and Product Life Cycle Support Policy,
which can be found at
https://support.esri.com/en/other-
resources/product-life-cycle. Updates for
Products in the mature and retired phases may
not be available. Customer may continue to use
Products already Deployed, but Customer will
not be able to Deploy retired Products.
5.0—MAINTENANCE
The Fee includes standard maintenance benefits
during the Term of Agreement as specified in the
most current applicable Esri Maintenance and
Support Program document (found at
https://www.esri.com/en-
us/legal/terms/maintenance). At Esri's sole
discretion, Esri may make patches, hot fixes, or
updates available for download. No Software other
than the defined Products will receive Maintenance.
Customer may acquire maintenance for other
Software outside this Agreement.
a. Tier 1 Support
1. Customer will provide Tier 1 Support
through the Tier 1 Help Desk to all
Customer's authorized users.
2. The Tier 1 Help Desk will be fully trained in
the Products.
3. At a minimum, Tier 1 Support will include
those activities that assist the user in
resolving how-to and operational questions
as well as questions on installation and
troubleshooting procedures.
4. The Tier 1 Help Desk will be the initial point
of contact for all questions and reporting of a
Case. The Tier 1 Help Desk will obtain a full
description of each reported Case and the
system configuration from the user. This
may include obtaining any customizations,
code samples, or data involved in the Case.
5. If the Tier 1 Help Desk cannot resolve the
Case, an authorized Tier 1 Help Desk
individual may contact Tier 2 Support. The
Tier 1 Help Desk will provide support in such
a way as to minimize repeat calls and make
solutions to problems available to
Customer’s organization.
6. Tier 1 Help Desk individuals are the only
individuals authorized to contact Tier 2
Support. Customer may change the Tier 1
Help Desk individuals by written notice to
Esri.
b. Tier 2 Support
1. Tier 2 Support will log the calls received
from Tier 1 Help Desk.
2. Tier 2 Support will review all information
collected by and received from the Tier 1
Help Desk including preliminary documented
troubleshooting provided by the Tier 1 Help
Desk when Tier 2 Support is required.
3. Tier 2 Support may request that Tier 1 Help
Desk individuals provide verification of
information, additional information, or
answers to additional questions to
supplement any preliminary information
gathering or troubleshooting performed by
Tier 1 Help Desk.
4. Tier 2 Support will attempt to resolve the
Case submitted by Tier 1 Help Desk.
5. When the Case is resolved, Tier 2 Support
will communicate the information to Tier 1
Help Desk, and Tier 1 Help Desk will
disseminate the resolution to the user(s).
6.0—ENDORSEMENT AND PUBLICITY
This Agreement will not be construed or interpreted
as an exclusive dealings agreement or Customer's
endorsement of Products. Either party may publicize
the existence of this Agreement.
7.0—ADMINISTRATIVE REQUIREMENTS
7.1 OEM Licenses. Under Esri's OEM or Solution
OEM programs, OEM partners are authorized to
embed or bundle portions of Esri products and
services with their application or service. OEM
partners' business model, licensing terms and
conditions, and pricing are independent of this
Agreement. Customer will not seek any discount
from the OEM partner or Esri based on the
availability of Products under this Agreement.
Customer will not decouple Esri products or
services from the OEM partners' application or
service.
7.2 Annual Report of Deployments. At each
anniversary date and ninety (90) calendar days
prior to the expiration of this Agreement,
Customer will provide Esri with a written report
detailing all Deployments. Upon request,
Customer will provide records sufficient to verify
the accuracy of the annual report.
8.0—ORDERING, ADMINISTRATIVE
PROCEDURES, DELIVERY, AND
DEPLOYMENT
8.1 Orders, Delivery, and Deployment
a. Upon the Effective Date, Esri will invoice
Customer and provide Authorization Codes to
activate the nondestructive copy protection
program that enables Customer to download,
operate, or allow access to the Products. If this
is a multi-year Agreement, Esri may invoice the
Fee up to thirty (30) calendar days before the
annual anniversary date for each year.
b. Undisputed invoices will be due and payable
within thirty (30) calendar days from the date of
invoice. Esri reserves the right to suspend
Customer's access to and use of Products if
Customer fails to pay any undisputed amount
owed on or before its due date. Esri may charge
Customer interest at a monthly rate equal to the
lesser of one percent (1.0%) per month or the
maximum rate permitted by applicable law on
any overdue fees plus all expenses of collection
for any overdue balance that remains unpaid
ten (10) days after Esri has notified Customer of
the past-due balance.
c. Esri's federal ID number is 95-2775-732.
d. If requested, Esri will ship backup media to the
ship-to address identified on the Ordering
Document, FOB Destination, with shipping
charges prepaid. Customer acknowledges that
should sales or use taxes become due as a
result of any shipments of tangible media, Esri
has a right to invoice and Customer will pay any
such sales or use tax associated with the receipt
of tangible media.
8.2 Order Requirements. Esri does not require
Customer to issue a purchase order. Customer
may submit a purchase order in accordance with
its own process requirements, provided that if
Customer issues a purchase order, Customer
will submit its initial purchase order on the
Effective Date. If this is a multi-year Agreement,
Customer will submit subsequent purchase
orders to Esri at least thirty (30) calendar days
before the annual anniversary date for each
year.
a. All orders pertaining to this Agreement will be
processed through Customer's centralized point
of contact.
b. The following information will be included in
each Ordering Document:
(1) Customer name; Esri customer number, if
known; and bill-to and ship-to addresses
(2) Order number
(3) Applicable annual payment due
9.0—MERGERS, ACQUISITIONS, OR
DIVESTITURES
If Customer is a commercial entity, Customer will
notify Esri in writing in the event of (i) a
consolidation, merger, or reorganization of Customer
with or into another corporation or entity;
(ii) Customer's acquisition of another entity; or (iii) a transfer or sale of all or part of Customer's
organization (subsections i, ii, and iii, collectively
referred to as "Ownership Change"). There will be
no decrease in Fee as a result of any Ownership
Change.
9.1 If an Ownership Change increases the
cumulative program count beyond the maximum
level for this Agreement, Esri reserves the right
to increase the Fee or terminate this Agreement
and the parties will negotiate a new agreement.
9.2 If an Ownership Change results in transfer or
sale of a portion of Customer's organization, that
portion of Customer's organization will transfer
the Products to Customer or uninstall, remove,
and destroy all copies of the Products.
9.3 This Agreement may not be assigned to a
successor entity as a result of an Ownership
Change unless approved by Esri in writing in
advance. If the assignment to the new entity is
not approved, Customer will require any
successor entity to uninstall, remove, and
destroy the Products. This Agreement will
terminate upon such Ownership Change.
City Council Staff Report
DATE: September 6, 2023
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: Resolution Authorizing the Interim City Manager, or Designee, to Apply for, Submit applications, Receive and Appropriate Grant Funds for all CalRecycle Grants for which the City is eligible
RECOMMENDATION:
It is recommended that the City Council consider:
1. Adopting a Resolution authorizing the Interim City Manager, or designee, to apply for, submit applications, receive, and appropriate grant funds for all CalRecycle Grants for which the City is eligible; and
2. Taking such additional, related, action that may be desirable.
EXECUTIVE SUMMARY:
The California Department of Resources Recycling and Recovery (CalRecycle) requires all jurisdictions to adopt a resolution that authorizes the Interim City Manager or designee to submit applications and execute documents related to the administration of CalRecycle grants. CalRecycle administers the Household Hazardous Waste (HHW) Grant Program to provide local governments with opportunities to implement HHW programs for the collection, public education, source reduction, reuse, and/or recycling of HHW. It is recommended that the City Council adopt a resolution authorizing the Interim City Manager, or designee, to apply for, submit applications, receive, and appropriate grant funds for all CalRecycle Grants for which the City is eligible, including the FY 2023-2024 HHW Grant Program.
BACKGROUND:
Pursuant to Public Resources Code sections 48000, et seq., CalRecycle administers various grant programs in furtherance of the State of California’s efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment . One of CalRecycle’s grant programs is the HHW Grant Program which provides local governments with opportunities to implement HHW programs for the collection, public education, source reduction, reuse, and/or recycling of HHW. HHW is any product labeled toxic, poisonous, corrosive, flammable, combustible or irritant. HHW may include products such as batteries, electronic waste, paints, glues, adhesives, and household cleaners.
Consent Calendar - 3O
Staff Report
September 6, 2023
The proposed Resolution authorizes the City to submit an application for all CalRecycle Grants for which the City is eligible, and designates the Interim City Manager, or designee, as Signature Authority to execute all documents related to the grant programs, including the HHW grant program. If awarded the HHW grant, funding would be used to incorporate HHW collection during the City’s cleanup events and for the distribution of additional education and outreach materials at other community events. Currently, residents are directed to the county’s permanent collection centers or temporary events for proper disposal of HHW products.
2023-2024 STRATEGIC PLAN GOAL:
The proposed resolution meets the 2023-2024 Strategic Goal of Sustainability.
Participation in CalRecycle grant programs will provide the City resources to further its efforts to reduce, recycle and reuse solid waste, thereby diverting waste from landfills.
FISCAL IMPACT:
The City currently participates in the Beverage Container Recycling Grant, the SB1383 Local Assistance Grant, Used Oil Recycling Grant and is seeking to participate in the HHW Grant program. It is recommended that, if awarded, the City Council accept grant funds from the HHW Grant program and authorize the City’s Finance Department to appropriate grant funds in the City’s FY23-24 budget.
Respectfully submitted by: Prepared by:
Shawn Igoe
Director of Public Works
Xochitl Tipan
Administrative Manager
Reviewed by:
Martha Garcia
Director of Finance
Approved by: Reviewed by:
Inez Alvarez
Interim City Manager
Karl H. Berger
City Attorney
Attachment:
1. Resolution
Staff Report
September 6, 2023
ATTACHMENT 1
Resolution
RESOLUTION NO.
RESOLUTION AUTHORIZING SUBMITTAL OF APPLICATIONS FOR ALL
CALRECYCLE GRANTS FOR WHICH THE CITY OF MONTEREY PARK IS ELIGIBLE.
BE IT RESOLVED by the Council of the City of Monterey Park as follows:
SECTION 1: The City Council finds as follows:
A. Public Resources Code § 48000, et seq. authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant programs (grants) in furtherance of the State of California’s (state) efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment;
B. CalRecycle is required to establish necessary procedures governing the administration of the application, awarding, and management of the grant programs;
C. The Household Hazardous Waste Grant Program allows for individual grant projects; and
D. CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants.
SECTION 2: The City Council authorizes the Interim City Manager, or designee, to submit applications to CalRecycle for all grants for which the City of Monterey Park is eligible.
SECTION 3: The Interim City Manager, or designee, is authorized to execute in the name of the City of Monterey Park all grant documents including, without limitation, applications, agreements, amendments, and requests for payment, necessary to secure grant funds and implement the approved grant project.
SECTION 4: The Interim City Manager, or designee, is authorized to accept and spend the grant monies identified in this Resolution for the purposes set forth herein.
SECTION 5: The City Council hereby amends or supplements the City’s Budget for fiscal year 2023-24 to appropriate the monies identified herein to pay for the retention plan proposed by the City in support of i ts grant application. The Interim City Manager, or designee, is authorized to implement the purpose of this section.
SECTION 6: Severability. If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provision or application and, to this end, the provisions of this Resolution are severable.
Resolution No.
SECTION 7: Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 8: Recordation. The Mayor, or presiding officer, is authorized to sign this Resolution signifying its adoption by the City Council of the City of Monterey Park and the City Clerk, or his duly appointed deputy, may attest thereto.
SECTION 9: Effective Date. This Resolution will become effective immediately u pon adoption and will remain effective unless repealed or superseded.
PASSED AND ADOPTED this 6
th day of September 2023.
________________________________
Jose Sanchez, Mayor
Attest:
__________________________
Maychelle Yee, City Clerk
Approved as to Form:
__________________________
Karl H. Berger, City Attorney
City Council Staff Report
DATE: September 6, 2023
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: Amendment to CT&T Concrete Paving, Inc. Agreement 2373-AC, and Award of Contract for Sidewalk Repair Project
RECOMMENDATION:
It is recommended that the City Council consider:
1. Authorizing the Interim City Manager to execute the First Amendment, in a form approved by the City Attorney, to Agreement No. 23 73-AC with CT&T Concrete Paving, Inc., to increase the contract amount by $296,200, for additional concrete work for a total of $1,867,433 plus $186,743 in contingency; 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. The Project is not anticipated to have any significant impacts with regard to noise, air quality, or water quality.
EXECUTIVE SUMMARY:
On June 7, 2023, City Council approved a public works contract with CT&T Concrete Paving, Inc., to install curb ramps, sidewalks, curb & gutter, and bus pads throughout the City. The Public Works contract was for a total amount of $1,571,233, plus contingency up to $157,123 or 10% of the contract amount. Due to the competitive prices of CT&T Concrete Paving, Inc, staff recommends amending the current agreement with CT&T Concrete Paving, Inc. for additional installation of curb ramps, sidewalk, and curb & gutter at various location and installation of concrete stairs and handrails at the Barnes Park Amphitheater, increasing the approved contract amount from $ 1,571,233 to $1,867,433 plus $186,743 contingency.
BACKGROUND:
On June 7, 2023, City Council awarded a public works contract to CT&T Concrete Paving, Inc for Capital Improvement Project No. 96039 which includes the installation of approximately 422 linear feet of new curb and gutter, 24,013 square feet of sidewalk repair; 44 new curbs ramps, and replacement of various damaged bus pads throughout the city.
Consent Calendar - 3P
Staff Report
September 6, 2023
Staff recommends amending CT&T Concrete Paving, Inc ’s contract to add additional work for CIP 96043 – Sidewalk Repairs and CIP 95028 – Amphitheater Seating. CIP 96043 includes the installation of additional curb ramps, sidewalks and curbs and gutters.
This project was added to the City’s FY 23-24 Capital Improvement Plan as part of the City’s annual sidewalk repair program . The proposed additional work aims to improve walkability in the community, eliminate tripping hazards and provide mobility in compliance with the American with Disabilities Act (ADA). CIP 95028 includes the installation of concrete stairs and handrails at Barnes Park Amphitheater.
It is recommended that the additional scope of work from both projects be added to CT&T’s existing contract for anticipated savings in time and cost due to the scale of t he project. The proposed cost for the additional work will use the same unit prices presented in CT&T Concrete Paving, Inc. original bid submitted on May 11, 2023. Considering bidding separately for the additional installation of curb ramps, sidewalk and curb and gutter, may result in higher bid prices due to the smaller scope of work.
2023-2024 STRATEGIC PLAN GOAL:
The proposed amendment meets the strategic plan goal of City Property/Facilities. The additional scope of work will improve pedestrian facilities throughout the City and improve the Barnes Park amphitheater amenity.
FISCAL IMPACT:
The FY 23-24 budget includes funding for CIP 96043 – Sidewalk Repairs and CIP 95028 – Amphitheater Seat ing under each respective project . If approved, the proposed amendment would result in a new contract amount of $ 1,867,433 plus $186,743 contingency for a total of $2,054,176.
CT&T Agreement No. 2373-AC
Original Contract Amount Additional Scope of Work
Revised Contract
Amount
CIP 96039
Sidewalk
Repair Project
CIP 96043
Sidewalk
Repairs
CIP 95028
Amphitheater
Seating
Total
Contract Amount $1,571,233 $200,000 $96,200 $1,867,433
Contingency $157,123 $20,000 $9,620 $186,743
Total $1,728,356 $220,000 $105,820 $2,054,176
Staff Report
September 6, 2023
Respectfully submitted by: Reviewed by:
Shawn Igoe
Director of Public Works
Martha Garcia
Director of Finance
Approved by:
Reviewed by:
Inez Alvarez
Interim City Manager
Karl H. Berger
City Attorney
ATTACHMENT
1. CT&T Concrete Paving, Inc Bid Proposal
2. CT&T Concrete Paving, Inc Concrete Stairs Proposal
3. CT&T Concrete Paving, Inc Handrails & Guardrails Proposal
Staff Report
September 6, 2023
ATTACHMENT 1
CT&T Concrete Paving, Inc Bid Proposal
Staff Report
September 6, 2023
ATTACHMENT 2
CT&T Concrete Paving, Inc
Concrete Stairs Proposal
Staff Report
September 6, 2023
ATTACHMENT 3
CT&T Concrete Paving, Inc
Handrails & Guardrails Proposal
Date:
Project: Bid# 23002
Project
Address:
Email:
Qty. Total
1 LF 70 $ 280.00 $ 19,600.00 2 LS 1 $ 18,400.00 $ 18,400.00 3 LS 1 $ 4,500.00 $ 4,500.00 4 $ -
5 $ -
$ -
$ -
Unit
Description:
Description
Per city STD Plan
Submitted To:
Phone:
320 W Newmark Ave Monterrey Park
Ca
PROPOSAL
Company:
Address:
City of Monterrey Park
Barnes Park Amphitheater
August 14, 2023Ziad Mazboudi
Barnes Park Amphitheater
350 S Mcpherring Ave Monterrey Park
Ca
accepted within 15 days
Acceptance of the above prices, spec's and conditions are satisfactory and are hereby accepted
Jose Carvajal 909-821- 4769
[email protected]
We propose thereby to furnish material and labor Prevailing Wage complete in accordance with above specifications. All material is guaranteed to be as specified. All work to be completed in a workman like manner according to standard practices. Any alterations or deviation from above specifications involving extra cost will be executed only upon signed change orders, and will become an extra charge over and above the estimate. All agreements upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and necessary insurance. Our workers are fully covered by workers compensation insurance.
I hereby propose to furnish materials and labor to complete in accordance with the specification above for the some of:
$ 42,500.00 Authorized Signature Date
This proposal may be withdrawn by us if not
Perform the following work:
Phone 909.629.8000 Fax 909.629.8001 Lic. #875627 www.cttconstruction.com Concrete stairs repair Fax:
WE HEREBY SUBMIT SPECIFICATIONS AND ESTIMATE FOR THE FOLLOWING Fabrication and installation of guard rail to match exisitng tubular 2"x4" Rectngular tube on top and 3"1/2 Scquare post vertcal core drilled and install in 8" x12" Deep circular foooting Remove existing stair hand rail and re-install in kind at 4 stair locations 28' long Painting of existing Hand rails after reinstall
Scope of Work:
Unit Rate
324 S. Diamond Bar Blvd. PMB 275, Diamond Bar, CA 91765
City Council Staff Report
DATE: September 6, 2023
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: Receive and File Staff Report Summarizing the Status of Emergency Repairs of the Monterey Pass Road Water Line
RECOMMENDATION:
It is recommended that the City Council consider:
1. Receive and File the staff report summarizing the status of emergency repairs of the Monterey Pass Road water line; and
2. Taking such additional, related, action that may be desirable.
BACKGROUND:
On August 17, 2022, City Council adopted Resolution No. 2022-R69 authorizing the City Manager to take necessary measures for emergency repair of a water main line on Monterey Pass Road. Recurring water main leaks in several areas within Monterey Pass Road between the intersections of Vagabond Drive and Brightwood Street resulted in extensive infrastructure damage to the roadway and necessary water main pipe repairs to ensure continued water service to residences and businesses in the area.
The design phase was completed in December 2022 followed by research of available material and cost during the months of December and January to ensure the project could be expedited due to the significant material delivery delays. Construction started in March 2023 and is scheduled to be complete by December 2023.
As part of the City’s outreach efforts, the construction manager visited businesses along the project area prior to the start of the project to notify them of the upcoming construction.
The Economic Development Division also mailed out letters to businesses that may be impacted by this project. Message boards were placed within the project area prior to construction commencing to alert drivers of the impact to their commutes. The City will continue to provide project updates to the community for the duration of the project through the City website, social media, and City Council meetings. A dedicated webpage has been established on the city’s website as, www.Montereypark.ca.gov/Montereypass, to inform the public about the project and provide progress updates. Residents and businesses can also sign up to receive project updates by subscribing to NIXLE, by texting "MPSS" to 888777.
Consent Calendar - 3Q
Staff Report
September 6, 2023
The contractor has completed the installation of the 12-inch pipeline for the entire project from Floral Drive to Vagabond Road for a total length of 10,800 linear feet of pipeline.
This is the backbone of the water distribution system along Monterey Pass Road. The contractor also completed the installation of all interconnecting pipes including the connection at Vagabond Road. The contractor is continuing to work on installing 6-inch, 4-inch, 2-inch, and 1-inch diameter lateral service pipes for the fire hydrants, fire services, and water meters from Davidson Drive to Vagabond Road.
Traffic control devices have provided a safe working condition for both contractor and the driving public. These devices are removed at the end of the day and proper temporary asphalt resurfacing of the trench has provided a seamless transition for vehicular traffic.
Street sweeping is performed on a daily basis to provide a clean working environment during and after work. A map showing construction work through August 3, is included as Attachment 1.
FISCAL IMPACT:
The Monterey Pass Road Emergency Water Main Improvements project is included in the FY23-24 Capital Improvement Plan as Project No. 99025. The following is an estimated cost for the project:
CIP 99025 – Monterey Pass Road Emergency Watermain
Engineering Design $ 131,000
Geotechnical $ 100,000
Construction Cost $ 4,800,000
Material Cost $ 1,600,000
Street Rehabilitation $ 950,000
Construction Management and Inspection $ 410,000
Total $7,991,000
Respectfully submitted by: Reviewed by:
Shawn Igoe,
Director of Public Works
Martha Garcia
Director of Finance
Staff Report
September 6, 2023
Approved by:
Reviewed by:
Inez Alvarez
Interim City Manager
Karl H. Berger
City Attorney
ATTACHMENT:
1. Construction Map
Staff Report
September 6, 2023
ATTACHMENT 1
Construction Map
City Council Staff Report
DATE: September 6, 2023
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Martha Garcia, Director of Finance
SUBJECT: Public hearing to review and approve the Fiscal Year (FY) 2022-23 Consolidated Annual Performance and Evaluation Report (CAPER) for submittal to the U.S. Department of Housing and Urban Development (HUD).
RECOMMENDATION:
It is recommended that the City Council consider:
1. Opening the public hearing to receive testimonial and documentary evidence;
2. Approving the draft FY 2022-2023 Consolidated Annual Performance and Evaluation Report (CAPER) for the Community Development Block Grant ("CDBG"), and HOME Investment Partnerships ("HOME") Programs;
3. Directing staff to prepare and transmit the final documents to the U.S.
Department of Housing and Urban Development ("HUD");
4. Authorizing the Interim City Manager, or her designee, to take all actions necessary or desirable to complete and submit the CAPER; and
5. Taking such additional, related, action that may be desirable.
EXECUTIVE SUMMARY:
The U.S. Department of Housing and Urban Development provides funding to states, counties and cities in the form of Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) funds. Since the City of Monterey Park is an Entitlement City, the City is eligible to receive both CDBG and HOME funds which it has for many years.
As a condition of receiving federal grant funding, Federal regulations require the City to submit a Consolidated Annual Performance and Evaluation Report (CAPER) to the Department of Housing and Urban Development (HUD). The CAPER provides information to HUD documenting the City’s progress in meeting its Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) program goals.
The City of Monterey Park’s Housing Division has completed its Consolidated Annual Performance and Evaluation Report (Attachment 1) for the period July 1, 2022, through June 30, 2023. The CAPER describes the overall use of Federal Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) funds Public Hearing - 4A
Staff Report
September 6, 2023
received from the U.S. Department of Housing and Urban Development (HUD) in relationship to the needs of the community as outlined in its FY 2022 -23 Annual Action Plan. The City's overall objective in the CDB G and HOME programs is the development of viable communities by providing decent housing, a suitable living environment, and expansion of economic opportunities primarily for low -to-moderate income persons. It is recommended that the City Council conduct a Public Hearing to receive community feedback on the FY 2022-23 CAPER and approve its submission to HUD.
A copy of the draft CAPER was made available for public review on August 21, 2023, through September 5, 2023. All comments will be incorporated into the final CAPER.
BACKGROUND:
HUD allocates federal funds to Participating Jurisdictions (PJs) to further federal objectives in promoting, sustaining and securing affordable housing, providing suitable living environments, and expanding economic opportu nities. For the FY 2022-2023 Program Year, the City of Monterey Park again received CDBG and HOME funds which are used to support a variety of programs and activities.
The City submits a CAPER to HUD annually as one of the conditions of receiving federal funds under the CDBG and HOME programs. The CAPER outlines progress made in achieving goals established in the City's Five-Year Consolidated Plan and Annual Action Plan, including: 1) funds invested in projects and activities; 2) households and persons assisted; 3) actions taken to affirmatively further fair housing; and 4) other information relevant to grant -funded projects administered by the City that affect local housing and community development needs. The CAPER is an effective tool that is designed to ensure the City stays on track with its Five-Year Consolidated Plan and the Annual Action Plan.
The CAPER is also designed to provide a maximum amount of useful information to policymakers and residents.
The Public Hearing is an opportunity for the City Council and the Monterey Park community to review the accomplishments in the FY 2022 -23 CAPER in the various program areas. Upon conclusion of the Public Hearing, it is recommended that the City Council approve the submission of the CAPER to the U.S. Depa rtment of Housing and Urban Development to satisfy the reporting requirements for the year.
2023-2024 STRATEGIC PLAN GOAL:
The CAPER report outlines progress made in achieving the Housing Strategic Plan Goal by the development of viable communities by providing decent housing, a suitable living environment, and expansion of economic opportunities primarily for low -to-moderate income persons.
Staff Report
September 6, 2023
FISCAL IMPACT:
There is no impact to the General Fund for conducting a Public Hearing and submitting the CAPER to HUD.
Respectfully submitted by:
Martha Garcia
Director of Finance
Approved by:
Reviewed by:
Inez Alvarez
Interim City Manager
Karl H. Berger
City Attorney
ATTACHMENT
1. FY 2022-2023 Consolidated Annual Performance and Evaluation Report (CAPER)
Staff Report
September 6, 2023
ATTACHMENT 1
FY 2022-2023 Consolidated Annual
Performance and Evaluation Report
1 | Page
CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan.
91.520(a)
This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year.
The City of Monterey Park has prepared the 202 2-2023 Consolidated Annual Performance and Evaluation Report (CAPER) as required by the U.S. Department of Housing and Urban Development (HUD) which describes the use of federal Community Development Block Grant (CDBG) and HOME Investment Partnership funds during the second program year of the 2020- 2024 Consolidated Plan period, covering July 1, 2022 to June 30, 2023.
The City receives CDBG and HOME funds from HUD on a formula basis each year, and in turn, implements projects and awards grants to nonprofit, for -profit or public organizations for projects in furtherance of the adopted Consolidated Plan. The CDBG program generally provides for a range of eligible activities for the benefit of low - and moder ate-income Monterey Park residents.
The City’s CDBG mission statement, outlined in the Five -Year Consolidated Plan and voicing the City’s goals, is to enhance the quality of life for all its residents by maximizing the use of available resources in order to ass ure the availability of safe, decent and affordable housing. The City continues to face significant problems as the number of low -income Monterey Park residents increase and the costs of providing affordable housing skyrocket. The housing stock is aging a nd many residents continue to pay more than 50% of their income towards housing expenses. Yet, in spite of these obstacles, the City strives to develop a viable community principally for low - and moderate- income residents by preserving and rehabilitating existing housing stock, promoting affordable housing and expanding affordable housing stock.
The CDBG and HOME Programs made significant progress in meeting the annual goals. This report will demonstrate how the City achieved its housing non- housing priorities of fair housing and repayment of the Section 108 loan were met.
In evaluating the effectiveness of serving low - and moderate -income residents, the City is pleased to report that CDBG funds were expended on eligible activities benefiting low - and moderate-income residents . All HOME funding beneficiaries were persons of low and – moderate-income residents.
The City is proud of its achievements during PY 2022 and looks forward to serving its residents in PY 2023. We remain confident that we will increase our level of performance as we continue
2 | Page
exploring innovative opportunities to improve the quality of life of our low- and moderate- income citizens.
Under the 2020 federal stimulus plan - CARES Act, the City received $ 938,435 in CDBG-CV funds to be used for activities that prevent, prepare for, or respond to the impacts of COVID -
19. The City Council allocated those funds to an economic development program to assist small business suffering from hardship due to COVID - 19, assist low- and moderate -income persons to prevent, prepare for, and respond to COVID - 19, including housing instability services, homeless services and prevention activites, and health crisis outreach.
In 2021, the American Rescue Plan Act was enacted by Congress. The American Rescue Plan (ARP) provides funds to assist individuals or households who are homeless, at risk of homelessness, and other vulnerable populations, by providing housing, rental assistance, supportive services, and non- congregate shelter, to reduce homelessness a nd increase housing stability across the country. These grant funds will be administered through HUD's HOME Investment Partnerships Program (HOME -ARP). Since the City of Monterey Park is an Entitlement City, the City received $1,175,039 in HOME-ARP funds. The City plans on using these funds next program year.
Table 1 provides a summary of the five-year and one- year accomplishments for the period ending June 30, 2023, arranged by each of the Strategic Plan Goals included in the 2020 -2024 Strategic Plan of the Consolidated Plan.
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Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g)
Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals.
Goal
Category
2022-2023
Amount
Indicator
Unit of Measure 5-Year Strategic Plan 2022-2023 Program Year No. 3 Expected Actual Percent
Complete
Expected Actual Percent
Complete
Housing Strategy Goal #1 Affordable
Housing
HOME: $0
Tenant-based rental
assistance/Rapid
Rehousing
Households
Assisted
18 18
100% 0 0 0%
Housing Strategy Goal #2 Affordable
Housing
HOME:$254,161 Homeowner housing
Rehabilitated
Household
Housing Units
15 8 53% 3 1 30%
Housing Strategy Goal #3 Affordable
Housing
HOME: $50,883 CHDO
Other
Utility Assistance
Program
Households
Assisted
1 0 0% 0 0 0%
Homeless Strategy Homeless CDBG-CV:
$200,000
Overnight Shelter
Homelessness
Prevention
Persons Assisted 60 110 183% 30 84 280%
Special Needs Strategy Non-Homeless
Special Needs
$0 Special Needs Persons Assisted 0 0 0% 0 0 0%
Fair Housing Strategy Affordable
Housing
CDBG:$25,000
Other Persons
400 334 83% 100 122 120%
Community Development
Strategy Goal #1
Non-Housing
Community
Development
$0 Public Infrastructure
Activities other than
Low/Moderate Income
Housing Benefit
Projects 0 0 0% 0 0 0%
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Community Development
Strategy Goal #2
(Langley Center Restrooms will
begin in PY23-24)
Non-Housing
Community
Development
CDBG: $457,341 Public Facilities
Activities other than
Low/Moderate Income
Housing Benefit
Projects 1 0 0% 1 0 0%
Community Development
Strategy Goal #3
(includes Fair Housing and
Homeless numbers)
Non-Housing
Community
Development
$0 Public service
activities other than
Low/Moderate Income
Housing Benefit
Persons Assisted 500 444 88% 130 206 85%
Community Development
Strategy Goal #4
Economic
Development
$0 Expand the City’s
economic base and
promote greater
employment
opportunities.
Repayment of
Section 108
SBAP
2 65
2 39
100%
60%
0 0
0 0
100%
0%
Program Administration Planning and
Administration
CDBG:
$120,585
HOME: $33,888
CDBG-CV:
$187,151
This program provides
payment of reasonable
administrative costs
and carrying charges
related to the planning
and execution of the
CDBG, HOME, and
CDBG-CV programs.
Other 5 4 80% 1 1 100%
Table 1 - Accomplishments – Program Year & Strategic Plan to Date
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Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified.
The following narratives report the effectiveness of the City’s performance during the 2022-2023 reporting period in achieving its five -year strategy objectives and priorities. The City will continue to addres s t he needs of its underserved populations by promoting its housing and continuing to work with community service programs. The Priority Needs Summary Table, contained in the 2022-2023 Consolidated Plan, prioritizes activities to assist renters, homeowners and other persons with special needs who are in the very low -income to moderate -income categories.
During Program Year 20 22-2023, the City made progress toward accomplishing the goals of developing a viable community by providing affordable decent housi ng, a suitable living environment and expanding economic opportunity for low income persons as described in pertinent Consolidated Plan documents.
The highest priorities listed in the City’s Five Year Consolidated Plan cover:
• Improve, Maintain, and Expand Affordable Housing
• Promote Equal Housing Opportunity
• Support Economic Development Opportunities
• Planning and Administration
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2022-2023 Activities and Funding Overview
No. PY 2022-2023 Programs Funded Amount Expended
During PY
Total
Expended
CDBG
1 Administration - #609 $120,585.20 $57,708.79 $57,708.79 2 Fair Housing Foundation - #608 $25,000.00 $25,000.00 $25,000.00 Total $145,585.20 $82,708.79 $82,708.79
HOME
3 Administration -#607 $33,888.00 $30,542.04 $30,542.04 4 Residential Rehabilitation -#606 $254,161.00 $191,660.58 $191,660.58 5 CHDO $50,883.00 $0 $0
Total $338,932 $222,202.62 $222,202.62
CDBG-CV
6 CV – Administration - #592
$187,151.00
$10,986.75
$95,020.25
7 CV – Homeless Services and Prevention
Activities #605
$200,000.00
$67,076.86
$138,322.68
Total $387,151.00 $78,063.61 $233,342.93
COMBINED TOTAL $871,668.20 $382,975.02 $538,254.34
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CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted).
91.520(a)
CDBG HOME
White 20 1
American Indian/Alaskan Native 1 0
Asian 38 0
Black/African American 9 0
Multi-Racial 93 0
Asian and White 1
Native Hawaiian or Other Pacific Islander 0 0
Other 44
Total 206 1
Hispanic 116 1
Not Hispanic 90 0
Table 2 – Table of assistance to racial and ethnic populations by source of funds
Narrative
CDBG assisted 206 persons and HOME assisted 1 households during the reporting period. The chart above reflect the racial and ethnic status of families assisted.
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CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Resources Made
Available
Amount Expended
During Program Year
CDBG $602,926 $82,708.79
HOME $338,882 $30,542.04
CDBG-CV $938,435 $533,361.35
HOME-ARP $1,175,039 $0
Table 3 - Resources Made Available
Narrative
For Program Year 20 22-2023, the City received $602,926 in Community Development Block Grant (CDBG), and $338,882 in HOME Investment Partnership funds.
On April 2, 2020, the City received a notification of federal CARES Act funding from the U.S.
Department of Housing and Urban Development (HUD). The City received $938,435 in CDBG- CV funds. These funds were subm itted as amendments to the 2019-20 One-Year Annual Action Plan and approved by the City Council on May 18, 2021.
In 2021, the American Rescue Plan Act was enacted by Congress. The American Rescue Plan (ARP) provides funds to assist individuals or households who are homeless, at risk of homelessness, and other vulnerable populations, by providing housing, rental assistance, supportive services, and non- congregate shelter, to reduce homelessness and increase housing stability across the cou ntry. These grant funds will be administered through HUD's HOME Investment Partnerships Program (HOME -ARP). Since the City of Monterey Park is an Entitlement City, the City received $1,175,039 in HOME -ARP funds. The City plans on using these funds next program year.
Identify the geographic distribution and location of investments Target Area Planned Percentage of
Allocation
Actual Percentage of
Allocation
Narrative Description
Citywide 100% 100% Citywide Area
Table 4 – Identify the geographic distribution and location of investments
Narrative
The geographic area established for all proposed activities is the incorporated limits of the City of Monterey Park. All housing rehabilitation programs are administered City-wide.
The Cit y will not establish geographic priorities for investment for special needs populations.
CDBG funded supportive services will be designed to meet the national objective of benefiting low and moderate -income persons. The following groups of persons are currently presumed by
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HUD to be made up principally of low and moderate -income persons: elderly persons, homeless persons, severely disabled persons, victims of domestic violence and persons living with AIDS.
Is there a description of how any publicly owned land or property located within the jurisdiction was used to address the needs identified in the plan? (91.520(a)) The City does not own land or property located within the jurisdiction that may be used to address the needs identified in the plan.
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Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan.
The City of Monterey Park and HUD share a mutual interest in leveraging HUD resources to the maximum exte nt possible in order to deliver high- quality affordable housing, neighborhood improvement programs, supportive services, and economic development.
Entitlement Funds
- Leverage, in the context of CDBG funding, means bringing other local, state, and federal financial resources to maximize the reach and impact of the City’s U.S.
Department of Housing and Urban Development (HUD) funded programs. HUD, like many other federal agencies, encourages the recipients of federal monies to demonstrate that efforts are being made to strategically leverage additional funds in order to achieve greater results. Leverage is also a way to increase project efficiencies and benefit from economies of scale that often come with combining sources of funding for similar or expanded scopes. Funds will be leveraged if financial commitments toward the costs of a project from a source o ther than the originating HUD program are documented.
Other Federal Grant Programs - In a
ddition to the entitlement dollars listed above, the federal government has several other funding programs for community development and affordable housing activities. These include: the Section 8 Housing Choice Voucher Program, Section 202, the Affordable Housing Program (AHP) through the Federal Home Loan Bank, and others.
It should be noted that in most cases the City would not be the applicant for these funding sou
rces as many of these programs offer assistance to affordable housing developers rather than local jurisdictions.
State Housing and Community Development Sources - I n California, the Department of Housing and Community Development (HCD) and the California Housing Finance Agency (CalHFA) administer a variety of statewide public affordable housing programs that offer assistance to nonprofit affordable housing developers. Examples of HCD’s programs include the Multifamily Housing Program (MHP), Affordable Housing Innovation Fund (AHIF), Building Equity and Growth in Neighborhoods Program (BEGIN), and CalH ome. Many HCD programs have historically been funded by one-time State bond issuances and, as such, are subject to limited availability of funding. CalHFA o ffers multiple mortgage loan programs, down payment assistance programs, and funding for the construction, acquisition, and rehabilitation of affordable ow nership units. The State also administers the federal Low Income Housing Tax Credit (LIHTC) program, a widely used financing source for affordable housing projects. As with the other federal and state grant programs discussed above, the City would either have to
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competitively apply or affordable housing developers could apply for funding through these programs for particular developments in the City.
County and Local Housing and Community Development Sources - There are a variety of countywide and local resources that support housing and community development programs.
Some of these programs offer assistan ce to local affordable housing developers and community organizations while others provide assistance directly to individuals. The Mortgage Credit Certificates (MCC) Program provides assistance to first-time homebuyers by allowing an eligible purchaser to take 20 percent of their annual mortgage interest payment as a tax credit against federal income taxes. The County administers the MCC Program on behalf of the jurisdictions, including Monterey Park.
Is there a description of how HOME and ESG matching req uirements were satisfied? (91.520(a))
HOME: During PY 2022, the City expended $223,810.99. The disbursements requiring match is $191,660.58. The City’s met its match liability of $47,915.14 by using its excess match from prior Federal fiscal years.
ESG: The City does not receive any ESG funds; therefore, it has no match liability.
Do the dates the match was contributed fall within the correct Federal Fiscal Year for this reporting period (Column 2)? No dates provided?
During PY 2022, the City expended $223,810.99 in HOME funds. The disbursements requiring match is $191,660.58. The City’s met its match liability of $47,915.14 by using its excess match from prior Federal fiscal years. This amount covers July 1, 2022 through June 30, 2023.
Fiscal Year Summary – HOME Match
1. Excess match from prior Federal fiscal year $2,490,254.43
2. Match contributed during current Federal fiscal year 0
3. Total match available for current Federal fiscal year (Line 1 plus Line 2) $2,490,254.43
4. Match liability for current Federal fiscal year $47,915.14
5. Excess match carried over to next Federal fiscal year (Line 3 minus Line 4) $2,442,339.29 Table 5 – Fiscal Year Summary - HOME Match Report
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Match Contribution for the Federal Fiscal Year
Project
No. or
Other ID
Date of
Contribution
Cash
(non-
Federal
sources)
Foregone
Taxes,
Fees,
Charges
Appraised
Land/Real
Property
Required
Infrastructure
Site
Preparation,
Construction
Materials,
Donated
labor
Bond
Financing
Total
Match
N/A
Table 6 – Match Contribution for the Federal Fiscal Year
HOME MBE/WBE report
Program Income – Enter the program amounts for the reporting period Balance on hand
at beginning of
reporting period
$
Amount received
during reporting
period
$
Total amount
expended during
reporting period
$
Amount
expended for
TBRA
$
Balance on hand
at end of
reporting period
$
$0 $0 $ 0 $0 $0
Table 7 – Program Income
Minority Business Enterprises and Women Business Enterprises – Indicate the number and dollar value of contracts for HOME projects completed during the reporting period Total Minority Business Enterprises White Non-
Hispanic Alaskan
Native or
American
Indian
Asian or
Pacific
Islander
Black Non-
Hispanic
Hispanic
Contracts
Dollar
Amount 0 0 0 0 0 0
Number 0 0 0 0 0 0
Sub-Contracts
Number 0 0 0 0 0 0
Dollar
Amount 0 0 0 0 0 0
Total Women
Business
Enterprises
Male
Contracts
Dollar
Amount 0 0 0
Number 0 0 0
Sub-Contracts
Number 0 0 0
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Dollar
Amount 0 0 0
Table 8 – Minority Business and Women Business Enterprises
Minority Owners of Rental Property – Indicate the number of HOME assisted rental property owners and the total amount of HOME funds in these rental properties assisted Total Minority Property Owners White Non-
Hispanic Alaskan
Native or
American
Indian
Asian or
Pacific
Islander
Black Non-
Hispanic
Hispanic
Number 0 0 0 0 0 0
Dollar
Amount 0 0 0 0 0 0
Table 9 – Minority Owners of Rental Property
Relocation and Real Property Acquisition – Indicate the number of persons displaced, the cost of relocation payments, the number of parcels acquired, and the cost of acquisition Parcels Acquired 0 0
Businesses Displaced 0 0
Nonprofit Organizations
Displaced 0 0
Households Temporarily
Relocated, not Displaced 0 0
Households
Displaced
Total Minority Property Enterprises White Non-
Hispanic Alaskan
Native or
American
Indian
Asian or
Pacific
Islander
Black Non-
Hispanic
Hispanic
Number 0 0 0 0 0 0
Cost 0 0 0 0 0 0
Table 10 – Relocation and Real Property Acquisition
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CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate-income, and middle-income persons served.
One-Year Goal Actual
Number of Homeless households to be
provided affordable housing units 0 0
Number of Non-Homeless households to be
provided affordable housing units 0 0
Number of Special-Needs households to be
provided affordable housing units 0 0
Total 0 0
Table 11 – Number of Households
One-Year Goal Actual
Number of households supported through
Rental Assistance 0 0
Number of households supported through
The Production of New Units 0 0
Number of households supported through
Rehab of Existing Units 3 1
Number of households supported through
Acquisition of Existing Units 0 0
Total 3 1
Table 12 – Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting these goals.
The City assisted one homeowner during the program year . The City did not meet its goa l of assisting three. The City’s aggressive marketing during the fiscal year increased the number of applicants. The City will more than exceed its goal for the upcoming fiscal year.
Over the last two fiscal years, the City’ housing r ehabilitation loan program ha s not met its annual goals for various reasons. The primary reason is the impact of the COVID -19 pandemic.
For almost two years, the number of assisted households was impacted due to the program being closed down due to conce rns about the health impacts on the program participants. In addition, households approved at the start of the pandemic were all over the age of 80 and chose to delay the commencement of their projects. Finally, the cost increase of the materials was so significant, homeowner opted to secure more bids and there has been a lack of contractors
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agreeing to participate in the program. With low interest rates, private owners have been able to pull out equity for hoe repairs and contractors have been overloaded with private work.
Discuss how these outcomes will impact future annual action plans.
The City has made a concerted effort to successfully complete all of the rehabilitation loans over the five -year Consolidated Plan period. The City continues marketing of the Residential Rehabilitation program through flyers and its website. In addition to these methods, in June 2019 the City initiated the direct marketing of its Residential Rehabilitation program to all of its residents using inserts in its water bills. This method of marketing has been the most successful and will be continued during the next fiscal year. This program addresses the City’s priority of the preservation and rehabilitation of existing housing stock.
The City continues to receive an increased number of inquiries from Monterey Park residents that are interested in this program due to its mar keting efforts. Staff continues to promote the program, explain the program to residents, review and verify eligibility of applicant, and process loans.
Include the number of extremely low-i ncome, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity.
Number of Persons Served CDBG Actual HOME Actual
Extremely Low-income 181 0
Low-income 6 0
Moderate-income 5 1
Above Low-income 14 0
Total 206 1
Table 13 – Number of Persons Served
Narrative Information
Is the number of owner and renter households assisted meet the Section 215 definition of affordable housing included?
The City does do periodic site inspections checking the conditions of the affordable housing projects; however, no on-site inspections were completed. Currently, the City is creating a list of all HOME projects that are still under the affordability period and are therefore required to be inspected. Once the list is created, all properties will be inspected for compliance. Thereafter, a schedule will be created to ensure the inspections are conducted according to HOME regulations.
There were no households assisted with housing that meets the Section 215 definition of affordable housing for rental and home ownership during PY 2022-2023.
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CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through:
Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The City is located within the Los Angeles Homeless Services Authority (LAHSA) Continuum.
The continuum provides oversight of federal homeless assistance dollars and collaborates with local communities to provide the best service to our residents who are homeless. The Los Angeles Continuum conducts quarterly community meetings and the public is invited. The City is using a portion of its CDBG-CV funds to assist with the needs of the homeless.
In 2022, LAHSA reported that 101 unsheltered individuals are located in the City of Monterey Park. Fifty -three were living on the street , eighteen in their cars/vans, eight in RVs/Campers, and 22 in makeshift shelters. The City will continue its efforts in the prevention and reduction of homelessness by supporting the LAHSA and its outreach programs, and providing referrals to public assistance programs offered by the County. If additional CDBG funds become available the City will reconsider funding public service agencies that assist in the prevention and reduction of homelessness.
During 2022-2023, the City did not directly assist any homeless persons with CDBG or HOME funds. The City is using its CDBG -CV funds to assist the hom eless that have been impacted by the pandemic. The 2020 Coronavirus pandemic has caused social and economic instability in the City of Monterey Park. Due to the pandemic, homeless outreach teams have encountered an increase in homeless individuals seeking housing placement, employment, and food. The homeless clients have stated that their homeless situation is a direct result of th e pandemic and the loss of employment at the various businesses in the City.
The City allocated CDBG -CV funds to the Police Department’s Homeless Services and Prevention Program to assis t homeless individu als impacted by COV ID-19. This year, the Homeless services and Prevention Program has assisted 84 people with the following efforts:
rental assistance programs, f ood assistance programs, s treet outreach to respond to increased homelessness, and mitigate encampment locations , while providing linkages to available resources.
In 2021, the American Rescue Plan Act was enacted by Congress. The American Rescue Plan (ARP) provides funds to assist individuals or households who are homeless, at risk of homelessness, and other vulnerable populations, by providing housing, rental assistance, supportive services, and non- congregate shelter, to reduce homelessness and increase housing stability across the country. These grant funds will b e administered through HUD's HOME
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Investment Partne rships Program (HOME -ARP). Since the City of Monterey Park is an Entitlement City, the City received $1,175,039 in HOME -ARP funds. The City plans in using these funds next program year.
As a result of the ever -worsening homeless crisis which has greatly i mpacted the quality of life and public health of the Monterey Park community and first responders. The City of Monterey Park and the police department's leadership are committed to combating homelessness but continue to face challenges which include access to lack of bed availability and resources in the San Gabriel Valley along with lack of funding allocated to address the cultural competency of the unsheltered Monterey Park population and those on the verge of becoming homeless.
The City of Monterey Park and the police department have a need and desire to serve the most vulnerable in our community and increase ideas, resources and programs to be a part of a solution to this end. The HOME -ARP will provide funding for homeless engagement, with the objective to reduce homelessness and increase housing stability among individuals and families who are experiencing homelessness or on the verge of experiencing homelessness through support from a homeless service system that work in collaboration with the broader Continuum of Care (CoC) system in Los Angeles County. Interim housing in a motel/hotel setting with case management and supportive activities would assist the qualifying population with appropriate services to their specific situation to find a long-term solution.
The City will continue its efforts in addressing the emergency shelter and transitional housing needs of the homeless by collaborating with agencies that provide shelter for the homeless. If additional CDBG funds become available, the City will r econsider funding public service agencies that assist in the emergency shelter and transitional housing needs of homeless persons.
Addressing the emergency shelter and transitional housing needs of homeless persons The City will continue its efforts in ad dressing the emergency shelter and transitional housing needs of the homeless by collaborating with agencies that provide shelter for the homeless. If additional CDBG funds become available the City will reconsider funding public service agencies that ass ist in the emergency shelter and transitional housing needs of homeless persons.
Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs The City will continue its efforts in helping low-income individuals and families avoid becoming
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homeless. The City will also provide referrals to public assistance programs offered by other agencies in the County.
Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
The City will continue its efforts in help ing homeless persons make the transition to permanent housing and independent living by collaborating with agencies that provide shelter for the homeless. The City will also provide referrals to public assistance programs offered by other agencies to aid in preventing the recently homeless from becoming homeless again.
The number of homeless persons served?
During 2022-2023, the Homeless Services and Pr evention Program assisted 84 homeless individuals impacted by COVID-19.
The City will continue its efforts in addressing the emergency shelter and transitional housing needs of the homeless by collaborating with agencies that provide shelter for the homel ess. If additional CDBG funds become available, the City will reconsider funding public service agencies that assist in the emergency shelter and t ransitional housing needs of homeless persons.
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CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
There are no public housing units in the City of Monterey Park; therefore, this section does not apply.
Actions taken to encourage public housing residents to become more involved in management and participate in homeownership
There are no public housing units in the City of Monterey Park; therefore, this section does not apply.
Actions taken to provide assistance to troubled PHAs
There is no public housing authority in the City of Monterey Park. The City relies on the the County of Los Angeles Housing Authority, to address public housing needs and OCHA is not designated as troubled.
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CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) In the Housing Element Update, the City has established barrier removal goals, policies and programs. The following goals will be implemented:
• Remove or reduce governmental constraints on affordable housing development. • Continue efforts to streamline administrative procedures for granting approvals and permits. Review residential development standards, regulations, ordinances, review procedures and permitting fees related to the development of housing. Adjust, as appropriate, those that are determined to be a constraint to the development of housing. • Encourage the use of density bonuses and provide other regulatory concessions to facilitate affordable housing development.
• Provide appropriate definitions and zoning designations in the Zoning Ordinance to allow and facilitate the developmen t of housing for extremely low -income and special needs persons.
• Streamline the development process, particularly for affordable housing projects, which reduces the costs associated with holding on to land until it can be developed.
The City offers three different density bonus options to encourage the development of affordable housing, senior housing, and mixed-use projects.
As part of the Governmental Constraints analysis for the Housing Element update, revisions to the Monterey Park Zoning Ordinance wer e identified as appropriate to better facilitate the provision of a variety of housing types such as: emergency shelters, transitional housing, supportive housing, and single-room occupancy (SRO) units.
Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) Efforts to address obstacles to meeting underserved needs included:
• The City obtained data from the Housing Authority of the County of Los Angeles on the number of Section 8 households assisted b y race, ethnicity, age and disability status. The City will compare who is being served to the demographics characteristics of the community. In this way, the City is able to estimate more precisely underserved populations.
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• The City encouraged and supported the efforts of the Housing Authority of the County of Los Angeles to seek additional Section 8 Housing Choice Vouchers. • The City encouraged and supported the efforts of non- profit housing development corporations to seek funding from federal, state and local sources for special needs housing.
Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) Lead based paint abatement is encouraged through the use of HOME and CDBG funds. Staff has incorporated procedures in their rehabilitation pr ogram which ensure that the potential for lead - based paint hazards will be identified and addressed. Once properties have been deemed eligible for rehabilitation, staff selects a lead -based paint consultant to conduct a Lead- based Paint Evaluation Report prior to the bidding phase of the rehabilitation project. Once the Evaluation Report has been provided by the consultant, copies of the report are included in the bid package to bidding contractors. Based on the results of the tests, contractors include in their bid a work description and cost estimate for abatement either through their own company or an abatement sub-contractor. In addition, the City will continue to work with the County’s Childhood Lead Poisoning Prevention Program to provide information to City residents on l ead hazards, lead - poisoning prevention, and lead-based paint abatement.
Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) While the City has no control over the majority of the factors affecting poverty, it may be able to assist those living below the poverty line. The City supports other governmental, private, and non-profit agencies involved in providing services to low - and moderate -income residents and coordinates efforts with these groups where possible to allow for mor e efficient delivery of services.
During the Consolidated Plan period, the City will continue to implement its strategy to help impoverished families achieve economic independence and self -sufficiency. The City's anti - poverty str ategy utilizes existing C ounty job training and social service programs to increase employment marketability, household income, and housing options. As funds become available, the City will consider allocating CDBG funds to public service agencies that of fer supportive services in the fight against poverty.
Improved employment opportunities are important in reducing the number of people living in poverty. The City addresses this issue by increasing resident's employability through training, and increasing the number of higher pay ing local jobs. The City will coordinate with Mexican American Opportunity Foundation, Management Career Solutions, West San Gabriel WorkSource, and Asian Youth Center, and Chinatown Service Center in conjunction with the
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Employment Development Department, East Los Angeles Community College, and the County of Los Angeles Community Development Commission. These agencies provide job search services such as workshops, computer classes, phones, fax, computers with internet access, job leads, newspapers, and a r esource library for job seekers aged 18 and above. Similarly, employers use some of these agencies to recruit and advertise job openings as well as for job fairs, bringing together top local companies and job seekers.
During the Consolidated Plan period, the City's Management Services Department will foster economic growth by encouraging economic development opportunities that result in:
1. A job s/housing balance established through quality employment opportunities for residents;
2. An invigorated economic base through increased sales tax generation; and
3. Economic wealth by attracting external monies to the local economy.
As funding availability permits, the City will consider assistance to public agencies and nonprofit organizations providing neighborhood housing services, supportive services to the homeless, older adults with physical or mental impairment, the mentally ill, victims of domestic violence, and households with abused children, in addition to other services The City will also contin ue coordinating with public agencies providing job training, life skills training, lead poisoning prevention and remediation, and other community education programs.
Actions taken to develop institutional structure. 91.220(k); 91.320(j) The City’s Manage ment Services Department is the key department involved in the 5 year Consolidated Plan and Annual Action Plan process. The Management Services Department is responsible for administration of the CDBG and HOME programs, including the Annual Action Plan, CAPER and program monitoring.
Additionally, the City focuses on:
• Strengthening the working relationship with the Housing Authority of the County of Los Angeles by providing input to and coordinating with that organization. Efforts to strengthen the institutional structure involves reviewing the five-year and annual plans of the Housing Authority of the County of Los Angeles, encouraging the Authority to conduct outreach to local landlords, providing information to the Authority on the location of housing suitable for disabled persons, and other similar considerations.
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• Developing a working alliance with private institutions such as local lenders and associations of Realtors. Local lenders may be a source of referrals for applicant s to the Residential Rehabilitation Program. Local associations of Realtors may help the City to develop ways of increasing homeownership among all populations.
Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j)
The City has developed an inventory of public and private housing, health and social services agencies. The City regularly updates the inventory and maintains a point of contact for each agency. Additionally, the City obtains the agency -specific 5 -Year Consolidated and 1-Annual Action Plans and maintain these plans in a resource binder to facilitate coordination in future program years.
Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) The City completed its Analysis of Impediments in May 2015 which covers the period of 2015– 2019. It is important to note that carrying out this analysis alone is not considered sufficient to constitute fair housing action in and of itself. The City works with the Housing Rights Center to address the impediments indentified in the report.
One of the most common impediments to Fair Housing choice is discrimination towards race and familial status. The HRC uses a d iverse pool of skilled testers to investigate complaints. When an investigation is complete, each client is advised of the findings and available legal options.
Referrals are made to the U.S. Department of Housing and Urban Development (HUD) for complaints regarding lending discrimination, to the Department of Justice (DOJ) for class action cases, to the State Department of Fair Employment and Housing (DFEH), Small Claims Court and to private attorneys for other matters as appropr iate. HRC follows the de sired legal path selected by the Complainant and mediates the situation if requested to do so. Legal training seminars are available to property owners as a means to educate them on Fair Housing regulations and requirements.
The City of Monterey Park’s go al is to ensure that all available avenues are maximized to make sure there are fair housing opportunities for all residents within the City.
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CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements
This part describes the City’s complian ce with the five monitori ng requirements that are contained in 91.230. These requirements include topics such as standards and procedures and ensuring compliance with City housing codes.
1. Standards and Procedures - The City monitors each funded activity to ensure compliance with the CDBG and HOME regulations, national objectives, and subrecipient agreement. The City requires any sub -recipients to execute an agreement with specific performance measures prior to the release of funds. In addition, all recor ds must be maintained for a five -year period. Pursuant to the CDBG contract, progress reports are required to be submitted quarterly and one annual report. Staff conducts periodic site visits to ensure program records are in order and services are being provided in compliance with the sub- recipient agreements. The City further ensures compliance with the Strategic Plan and Action Plan by placing guidelines or conditions in its contracts with consultants that ensure implementation of the annual monitoring goals. All CDBG and HOM E funds are disbursed on a reimbursement basis. Invoices must be submitted for payment and must include a description of activities being reimbursed. Audit reports are further required at the close of the year.
2. Monitoring of Ci ty’s Performance - The pr eviously described Performance Measurement System will be used to monitor the City’s performance in meeting its goals and objectives as set forth in the Strategic Plan and Action Plan.
3. Ensuring Compliance with Planning and Monitoring Requirements - The City makes every effort to comply with all CDBG, HOME and Consolidated Plan regulations. The Citizen Participation Plan ensures input from the community prior to action to approve or amend the Consolidated Plan or Action Plan. Housing rehabilitation, construction and professional services agreements are prepared to guarantee compliance with applicable CDBG and HOME program regulations. CDBG subrecipient agreements also contain language consistent with the program regulations. Additionally, the City continues on- site monitoring of CDBG recipients and housing units assisted by HOME funds and subject to affordability covenants.
4. Compliance with Housing Codes and On- Site Inspections - The City has established program guidelines requiring all rental units must meet the City’s Housing Code, Building Code, and Zoning Code.
In order to verify compliance with property standards and the information submitted by owners on tenant’s incomes, rents and other requirements during a project’s period of affordability, the
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City conducts on-site inspections of HOME properties according to the total number of units in a project as follows:
1-4 units every 3 years
5-25 units every 2 years
25 or more units annually
5. Monitoring of Subrecipients - As previously described, the City requires sub- recipients to execute an agreement with specific performance measures prior to the release of funds. In addition, all records must be maintained for a five -year period. Progress reports are required to be s ubmitted quarterly and one annual report. Staff conducts periodic site visits to ensure program records are in order and services are being provided in compliance with the sub- recipient agreements.
Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports.
The City makes every effort to comply with all CDBG, HOME and Consolidated Plan regulations. The Citizen Participation Plan ensures input from the community prior to actio n to approve or amend the Consolidated Plan or Action Plan.
The City has made every effort to involve the community in this and every aspect of the CDBG and HOME programs. Public Participation has been encouraged in compliance wi th the City of Monterey P ark Citizen Participation Plan. The CAPER was available to citizens, community groups, and other interested parties for public review and comment for a period of fifteen (15) days. A copy of the notice can be found in Appendix A. No comments were received during the public review/comment period.
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CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.
The City did not amend its PY 2022-2023 Annual Action Plan.
The City amended its 2019- 2020 Annual Action plan to include CARES Act funds. Under the 2020 federal stimulus plan - CARES Act. Some of the CDBG -CV activities were administered during PY 2020-2021, PY 2021-2022, and PY 2022-23.
In 2021, the American Rescue Plan Act was enacted by Congress. The American Rescue Plan (ARP) provides funds to assist individuals or households who are homeless, at risk of homelessness, and other vulnerable populations, by providing housing, rental assistance, supportive services, and non-congregate shelter, to reduce homelessness and increase housing stability across the country. These grant funds will be administered through HUD's HOME Investment Partnerships Program (HOME -ARP). Since the City of Monterey Park is an Entitlement City, the City is eligible to receive HOME-ARP funds.
The City amended its 20 21-2022 Annual Action plan to include ARP funds. The HOME - ARP will provide funding for homeless engagement, with the objective to reduce homelessness and increase housing stability among individuals and families who are experiencing homelessness or on the verge of experiencing homelessness through support from a homeless service system that work in collaboration with the broader Continuum of Care (CoC) system in Los Angeles County. Interim housing in a motel/hotel setting with case management and supportive activities would assist the qualifying population with appropriate services to their specific situation to find a long-term solution.
CDBG, HOME, CDBG-CV, and HOME -ARP funds are making a significant impact on strategies to address the high priority needs identified in the 2020- 2024 Consolidated Plan Strategic Plan.
Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants?
No
[BEDI grantees] Describe accomplishments and program outcomes during the last year.
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CR-50 - HOME 91.520(d)
Include the results of on-site inspections of affordable rental housing assisted under the program to determine compliance with housing codes and other applicable regulations Please list those projects that should have been inspected on -site this program year based upon the schedule in §92.504(d). Indicate which of thes e were inspected and a summary of issues that were detected during the inspection. For those that were not inspected, please indicate the reason and how you will remedy the situation.
The City did not conduct the HOME on- site inspections. Currently, the City is creating a list of all HOME projects that are still under the affordability period and are therefore required to be inspected. Once the list is created, all properties will be inspected for compliance. Thereafter, a schedule will be created to ensure the inspections are conducted according to HOME regulations.
Provide an assessment of the jurisdiction's affirmative marketing actions for HOME units.
92.3 51(b)
The City maintains an affirmative marketing approach that consists of steps to provide information and attract eligible persons to available housing without regard to race, color, national origin, sex, religion, family status or disability. The C ity also uses marketing procedures that inform potential program participants about Federal fair housing laws and equal housing opportunities. Additionally, the City uses special public outreach programs that include its network of community -based organizations, real estate organizations, public service groups and employment centers to solicit applications and inform the public about eligible programs and available assistance.
For all HOME funded rental projects, the City has obtained, reviewed and approved Marketing Plans and Tenant Leases for compliance with HOME Program regulations.
Refer to IDIS reports to describe the amount and use of program income for projects, including the number of projects and owner and tenant characteristics Please review IDIS reports regarding this information.
Describe other actions taken to foster and maintain affordable housing. 91.220(k) (STATES ONLY: Including the coordination of LIHTC with the development of affordable housing).
91.320(j)
Monterey Park's annual CDBG and HOME entitlement allocations are limited. The City's HOME rehabilitation program assist with fostering and maintaining affordable housing to low- and moderate-income individuals and families with their housing needs. Another important
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element in the City ’s approach to decent housing is the use of Section 8 Rental Vouchers administered through the County of Los Angeles Housing Authority.
Is there a summary of the efforts to address “worst case needs”, and progress in meeting the needs of persons with disabilities? Worst-case housing needs are defined as low-income renter households who pay more than half of their income for rent, live in seriously substandard housing, which includes homeless people, or have been involuntarily displaced. The needs of persons with disability do not include beds in nursing homes or other service-centered facilities.
Efforts to Address Worst Case Needs - Households with worst case needs are defined as unassisted renters with incomes below 50 percent of the local median who pay more than half of their income for rent or live in severely substandard housing. The City did not a ddress “worst- case housing” needs during the program year. However, the City referred people to the Los Angeles Housing Authority which provides rental assistance to lower income households in the community.
The Needs of Persons with Disabilities - During 2022-2023, the City did not award CDBG funds for the needs of persons with disabilities.
A list of projects that should have been inspected on- site this program year based upon the schedule in §92.504(d)?
The City did not conduct the HOME on- site inspections. Currently, the City is creating a list of all HOME projects that are still under the affordability period and are therefore required to be inspected. Once the list is created, all properties will be inspected for compliance. Thereafter, a schedule will be created to ensure the inspections are conducted according to HOME regulations.
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Appendix A - Proof of Public Notice
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Appendix B - Summary of Citizen Participation Comments
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SUMMARY OF CITIZEN
PARTICIPATION COMMENTS
In compliance with the City’s approved Citizen Participation Plan and implementing regulation 24 CFR 91.105, a public noti ce was published on (see attached proof of publication) to solicit public comments from interested citizens regarding the draft 202 2-2023 CAPER. The draft CAPER was made available to the public for a period of 15 days in order to provide an opportunity for the public to review the document.
No written or oral comments were received.
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Appendix C – IDIS Reports
(PR03, PR06, PR23, PR26, PR27, PR33)
City Council Staff Report
DAT
E: September 6, 2023
AGENDA ITEM NO:
TO: T
he Honorable Mayor and City Council
FROM: Jessica Serrano, Director of Community Development SUBJECT: A continued public hearing to consider adopting a resolution establishing city-wide fees related to the Inclusionary Housing Ordinance RECO
MMENDATION:
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 adopt a resolution establishing the formula to calculate in- lieu fees and fees associated with the calculation of in -lieu fees for the Inclusionary Housing Ordinance; and
3. Taking such additional, related, action that may be desirable.
CE
QA (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 R egs. § 15000, et seq.; the "CEQA Guidelines”) , the proposed fee resolution is categorically 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 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 Resolution, by itself, does not constitute a “project” as defined in the CEQA Guidelines because it involves 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).
EXECU
TIVE SUMMARY:
The Inclusionary Housing O rdinance (IHO) had a 1st reading on August 16, 2023; it is scheduled for 2nd reading and potential adoption this evening. If adopted, the Ordinance will go into effect 30 days from the 2nd reading.
As
part of the IHO, one of the options to comply with the regulations is to pay in-lieu fees for developments subject to the IHO. The in- lieu fees would be used by the City to fund other affordable housing programs or projects. The proposed resolution will establish a method for calculating the inclusionary housing in -lieu fee and a consultant fee for Public Hearing - 4B
Staff Report
September 6, 2023
calculating an individualized in- lieu fee per project . Calculation of the in- lieu fee will be based on the “affordability gap” between the market and affordable rate for new for-sale or for -rent unit s. Developers opt ing to pay an in- lieu fee rather than provide on- site affordable units will be required to pay a fee equivalent to the “affordability gap” times the number of required affordable units.
BACKGROUND:
On August 16, 2023, the City Council held 1
st reading of the IHO, with a 2 nd reading
scheduled for consideration on September 6, 2023. If adopted, the Ordinance will take effect in 30 days.
Projects that propose five or more residential units are subject to the IHO, unless otherwise exempt. The IHO requires that 15% of total residential units be set aside for certain affordability levels in order to allow households within a range of income levels to live in the City.
The requirement can be met by several methods, or a combination of methods . These methods include: (1) actual construction of affordable units on-site; (2) payment of an in- lieu fee to the City that is commensurate with the cost of the “affordability gap” between the market and affordable rate for the new unit; (3) construction of affordable units at an off-site location within the City, and/or (4) dedication of land for the purpose of constructing affordable units within the City . This item addresses the second option that allows developers to pay an in-lieu fee to the City in order to provide programs or projects to maintain or create affordable housing units.
ANALYSIS
The City Council may adopt an in-lieu fee. In-lieu fees are paid when developers elect to satisfy the IHO, without direct construction of affordable units. There are several approaches to setting in- lieu fees . If the in -lieu fee is set too high, developers will be encouraged to build on-site affordable units. If the in- lieu fee is set too low, developers will be enticed to pay the fee rather than build affordable units. This will allow the City to collect the revenue to leverage other sources of funding to build off site affordable units.
Staff recommends that the in- lieu fee be based on the “affordability gap, ” which represents the gap between the market-rate price (sales or rent) and the affordable price (sales or rent) of the inclusionary unit. The in-lieu fee would be calculated individually per project as follows:
“Affordability Gap” * number of affordable units required by the IHO = In-Lieu Fee
Through this calculation methodology, a consultant will be needed to conduct individual “affordability gap” calculations that are tailored to projects and can address issues such as current development trends and new market trends that change suddenly.
Staff Report
September 6, 2023
On August 16, 2023, the City Council directed staff to seek out a consultant to conduct a financial evaluation of the City’s IHO to determine whether it is financially feasible and recommend in-lieu fees in cases where an IHO is feasible. The City contacted the San Gabriel Valley Council of Governments (SGVCOG) regarding support it provides to its member cities for financial evaluations for IHOs. In these initial discussions, the SGVCOG offered to assist the City’s efforts of implementing an IHO by having a financial evaluation completed by their consultants by the first quarter of 2024. The financial evaluation will inform the City about its housing market conditions , study the feasibility of the IHO, and provide an in-lieu fee analysis. The outcome of the financial evaluation may result in an alternative calculation methodology than what is contained in the attached resolution.
In revi
ewing projects that are currently in conceptual or entitlement phases, staff predicts that only a few housing projects subject to the IHO will be submitted or entitled between now and the time when the financial evaluation is estimated to be completed. Should the City receive a housing project from a developer that opts to pay an in-lieu fee rather than provide on-site affordable units before the financial evaluation is complete, the developer will have an option to have an individualized “affordability gap” in-lieu fee calculation prepared by a consultant. Staff recommends an amendment to the City’s fee schedule to add an “Inclusionary Housing In- Lieu Fee Calculation” fee to enable staff to collect the consultant cost, plus a 25.4% administrative fee, associated with developing an individualized calculation.
2023-2024 STRATEGIC PLAN GOAL:
The proposed in -lieu fee formula helps implement the Program 15 of the Housing Element, which included the creation of an IHO and helps address the City’s goals of providing housing options within the City. In-lieu fees will offer options for a developer to comply with the IHO and may help with the maintenance and creation of affordable housing units within the City.
FISCAL IMPACT:
In-lieu fees paid by housing developers will be deposited into an affordable housing fund and will generate a funding source for the creation or maintenance of affordable housing units within the City. At this time, City does not have an estimate of how much funding will be collected as it is dependent on how many projects are subject the IHO and how many developers will elect to use the in-lieu fee option.
Respectfully submitted by: Prepared by:
Beth Chow, AICP
Interim Planning Manager
Jessica Serrano
Director of Community
Development
Staff Report
September 6, 2023
Reviewed by:
Martha Garcia
Director of Finance
Approved by: Reviewed by:
Inez Alvarez
Interim City Manager
Justin A. Tamayo
Deputy City Attorney
ATTACHMENT:
1. Resolution No. _____ establishing the formula to calculate in-lieu fees and fees associated with the calculation of in-lieu fees for the Inclusionary Housing Ordinance.
Staff Report
September 6, 2023
ATTACHMENT 1
Resolution No. _____ establishing city-wide in-lieu
fees related to the Inclusionary Housing Ordinance
RESOLUTION NO.
A RESOLUTION APPROVING AN INCLUSIONARY HOUSING
IN-LIEU FEE
The Council of the City of Monterey Park does resolve as follows:
SECTION 1: The City Council finds and declares as follows:
A. On November 2, 2022, the City Council conducted a public hearing to consider an ordinance establishing inclusionary housing requirements (the “IHO”) in Monterey Park Municipal Code (“MPMC”) with alternate compliance, includi ng, without limitation payment of an in -lieu fee, which was referred back to the Planni ng Commission.
B. On April 25, 2023, the Planning Commission adopted a resol ution recommending that the City Council adopt a revised IHO rounding up fractional units to the next whole number.
C. On August 16, 202 3, the City Council unanimously voted to adopt the IHO, including establishing an in-lieu inclusionary housing fee.
D. MPMC § 21.19.110 authorizes the City Council to establish such an in-lieu fee by resolution.
E. The City Council seeks to establish a calculation for the inclusionary housing in -lieu fee sufficient to fulfill the financial impact or “affordability gap” that is created by the IHO.
F. MPMC § 21.19.050 establishes an Affordable Housing Trust Fund where the City must deposit the inclusionary housing in-lieu fees.
G. The in -lieu fees mus t be sufficient to generate revenues to cover the administrative costs associate d with the management and operation of the trust fund, monitoring, and enforcement activities associated with inclusionary units.
H. Affordable Housing Trust Fu nd’s monies must be used exclusively for providing affordable housing in the City and for reasonable costs associated with the acquisition, development, maintenance, improvement, and oversight of affordable housing.
I. Pursuant to MPMC § 21.19.050, the City Manager, or designee, is authorized to administer the Affordable Housing Trust Fund.
J. On August 16, 2023, the City Council opened the public hearing to receive public testimony and other evidence regarding the inclusionary housing regulations and fees, including without limitation, information provided to the City Council by the Director of Community Development.
K. Notices of public hearings before the City Council were duly given and published in the time, form, and manner as required by law.
L. This Resolution, and its findings, are made based upon all the evidence pres ented the City Council at its August 16, 2023, and September 6, 2023, hearings including, without limitation, the staff report submitted by the Community Development Director.
SECTION 2: In-Lieu Fee Calculation. The City Council declares the Inclusionary Housing In-Lieu Fee Calculation is as follows:
A. The projected market rate sales prices or rents are complied for the proposed project.
B. The maximum affordable price is calculated based on the IHO’s specified affordability standards.
C. The difference between the market rate price an d the defined affordable price represents the “affordability gap” associated with each income restricted unit required to be produced.
D. The affordability gap per income -restricted unit is multiplied times the number of units that must be income restricted.
E. The result equals the effective impact of the IHO’s affordabl e housing requirements; or the in-lieu fee that the City charge.
SECTION 3: Fee Schedule Amendment . The City fee schedule is am ended to include the fee in the attached Exhibit “A,” which is incorporated by reference.
SECTION 4: The City reviewed the environmental impacts of the Project 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 Resolution is exempt from review under the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000, et seq.; “CEQA”) and CEQA regulations (Cal. Code Regs. tit. 14, §§ 15000, et seq.) because it establishes, modifies, structures, res tructures, and approves rates and charges for meeting operating expenses; purchasing supplies, equipment, and mat erials; meeting financial requirements; and obtaining funds for capital projects needed to mai ntain service within existing
service areas. This Resolution, t herefore, is categorically exempt from further CEQA review under Cal. Code Regs. tit. 14, § 15273.
SECTION 5: Severability. If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affe ct the effectiveness of the remaining provision or application and, to this end, the provisions of this Resolution are severable.
SECTION 6: 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 7: Execution. 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 8: Electronic Signatures . This Resoluti on 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 s ame effect as an original signature.
SECTION 9: Effective Date. This Resolution will become effective immediately upon the effective date of Ordinance No. ______ and remain effective unless superseded by a subsequent resolution.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF
THE CITY OF MONTEREY PARK ON THIS ___ DAY OF __________ 2023.
__________________________
Jose Sanchez, Mayor
ATTEST:
_______________________________
Maychelle Yee, City Clerk
APPROVED AS TO FORM:
KARL H. BERGER, CITY ATTORNEY
________________________________
Justin Tamayo, Deputy City Attorney