Competitive Bid - MEDICAL SUPPLIES
Release Date: Thursday, May 19, 2022
Purchasing Division
100 N. Garfield Ave., Room 328
Pasadena, CA 91101
(626) 744-6755
(626) 744-6757 Fax
13.2 Vendor Questionnaire (Form AA-1)
Affidavit of Equal Opportunity Employment & Non-segregation
By submitting this form you are declaring under penalty of perjury under the laws of the State of California and the laws of the United States that the information is true and correct. Furthermore, you are certifying that your firm will adhere to equal opportunity employment practices to assure that applicants and employees are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex or age. And, your firm does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. Additionally, no employees, consultants, or board members of your company or your subcontractors are current employees of the City of Pasadena.
Name of Company Telephone
Address Fax Number
(optional)
City State Zip
Contact Person E-mail Address
DBA (if applicable)
Active City of Pasadena Business License Number
Remit Address (if different)
Please state clearly and concisely the type(s) of goods and services your company would provide on this contract:
Required For All Public Works: Pursuant to Division 2, Part 7, Chapter 1 (commencing with section 1720) of the California Labor Code, you must provide your Registration Number under the Department of Industrial Relations:
Small and Micro Business Preference Program: If certified by California Department of General Services as a small or micro business, please provide DGS Reference Number: (Visit the Purchasing Division website for additional information)
The following section is OPTIONAL and is for statistical reporting purposes only. Ownership (please check all that apply):
African-
American Asian Armenian Hispanic
Native
American Disabled Female
Life-Assist, Inc.
800-824-6016
11277 Sunrise Park Drive
Rancho Cordova
CA
95742
Contracts Department
[email protected]
Medical Supplies for First Responders
N/A
Competitive Bid - MEDICAL SUPPLIES
Release Date: Thursday, May 19, 2022
13.3 Project Workforce Utilization (Form AA-2)
This form is to be included in all bid documents for projects involving labor or services valued at $25,000 or more.
Instructions: Please indicate the job titles/classifications to be used in the performance of this contract should it be awarded to your fi rm. Please indicate the number of employees in each job classification as well as the number of new hires, if any, as a result of this contract.
Name of Company: ___________________________________________ Project:___________________________________________
Job Titles/Classification Estimated number of existing staff to be employed in this classification if awarded the contract
Estimated number of new hires to be employed in this
classification if awarded the contract
Are any current employees or potential new hires Pasadena residents? If so, how many?
13.4 Current Permanent Workforce Utilization (Form AA-3) (OPTIONAL)
Competitive Bid - MEDICAL SUPPLIES
Release Date: Thursday, May 19, 2022
Name of Company: ___________________________________________
Project: ____________________________________________________
Completion of this form is OPTIONAL. Any information supplied by Proposers is for reporting purposes only and will not be factored into the award of any contract.
Instructions: Please indicate the number of employees in each Job Classification belonging to the following groups.
White (not of
Hispanic origin)
African-American
(not of Hispanic
origin)
Hispanic Asian/Pacific
Islander
Native
American
Armenian Male Female
CLASSIFICATION
Officials/Managers
Professionals
Technicians
Office/Clerical
Skilled Craft Workers
Operators (semi-skilled)
Laborers
Service Workers
TOTAL
Competitive Bid - MEDICAL SUPPLIES
Release Date: Thursday, May 19, 2022
Authorized Distributor List
Life-Assist, Inc. is an Authorized Distributor for over 100 manufacturers. Upon request Life-Assist will provide letters from the manufacturers labeling us as Authorized Distributors. 3M Healthcare
Abbot Diabetes Care
Alied Healthcare
Ambu
Aquability
Argon Medical Devices
Arkray USA
Arrow International
B. Braun Medical
Bard Medical
Becton Dickinson
Bionix
Bioseal
Cables and Sensors
Cardiac Science
CareFusion
Certa Dose, Inc.
Clorox Healthcare
Conmed
Covidien
DuPont
EKF Diagnostics
Elkay Plastics
EM Innovations
Emerson Healthcare
Energizer
Ethicon
Exel International
Flambeau
Flexicare
GE Healthcare
GMAX Industries
GOJO Industries
Graco
Graham-Field Health
Halyard Heatlh
Healthmark Industries
Hospira
HR Pharmaceuticals
Hudson RCI
Hydrox Laboratories
Hygenall
Kendall Healthcare
Kimberly-Clark
Laerdal Medical
Major Pharmaceuticals
Masimo
Medovations
Medtronic USA
Mercury Medical
Metrex Research
Motion Medical
NDC Inc
Nephron Pharmaceuticals
NicePak PDI
Oridion Medical
Owen Mumford
PAX Bags
PerSys Medical
PharmaCare
Philips Healthcare
Physio-Control
Prestan MAnikin
Prestige Medical
Purell
Puritan Medical Products
Retractable Tech
Sage Products
Salter Labs
Samson Strap
Sharps
Sion Biotext
Steris Corporation
Teleflex
Tyco Mallinckrodt
Valeant Pharmaceuticals
Vermed
Vyaire Medical
Welch Allyn
West-Ward Pharmaceuticals
Zoll Medical
Zyno Solutions
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
PRODUCER CONTACT
NAME:
FAXPHONE
(A/C, No):(A/C, No, Ext):
E-MAIL
ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT
OTHER: $
COMBINED SINGLE LIMIT $(Ea accident)
ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED
BODILY INJURY (Per accident) $AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $
OCCUR EACH OCCURRENCE
CLAIMS-MADE AGGREGATE $
DED RETENTION $
PER OTH-
STATUTE ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
LIFEA-1 OP ID: TB
12/29/2021
Tyla A Belton
Foothill Valley Insurance
13 Sierragate Plaza Ste.A
Roseville, CA 95678
Tyla A Belton
916-773-4560 916-773-4583
[email protected]
Admiral Insurance Company
Berkshire Hathaway Homestate
Life Assist, Inc.
11277 Sunrise Park Drive
Rancho Cordova, CA 95742
A X 1,000,000
X CA00000250021 01/01/2022 01/01/2023 100,000
5,000
1,000,000
2,000,000
X 2,000,000
1,000,000A
CA00000250021 01/01/2022 01/01/2023
X X
X 4,000,000
X
A
GX00000189704 01/01/2022 01/01/2023 4,000,000
0X
B
LIWC319947 01/01/2022 01/01/2023 1,000,000
1,000,000
1,000,000
RE: For Information Purposes Only
FORIN-1
For Information Purposes Only
916-773-4560
24856
20044
Staff Report
December 20, 2023
ATTACHMENT 2
Pasadena Authority for Pricing
City Council Staff Report
DATE: December 20, 2023
AGENDA ITEM
NO: Consent Calendar - 3F
TO: The H
onorable Mayor and City Council
FROM: Matthew Hallock, Fire Chief
SUBJECT: California Office of Emergency Services High Frequency Communications Equipment Program – Award of Contract to NVIS Communications, for the Purchase of High Frequency Radios RECOM
MENDATION:
It is recommended that the City Council consider:
1. Waiving bidding requirements pursuant to Monterey Park Municipal Code §3.20.050(2) and award the bid to NVIS Communications for the purchase of high frequency r
adios;
2. Authorizing the City Manager to execute an agreement in a form approved by the City Attorney; and
3. Taking such additional, related, action that may be desirable.
EXECUT
IVE SUMMARY:
In April 2021, the City of Monterey Park applied for and awarded a grant through the California Office of Emergency Services (“CAL-OES”) for the purchase of high frequency radios. The purpose of this grant is to ensure that local governments are included in an integrated high frequency radio network that utilizes frequencies authorized by the Federal Communications Commission ( “FCC”) and can be capable of communicating with other local, state and federal agencies.
BACKGROUND:
Monterey Park Fire Department was awarded a grant through CAL- OES and at the time of the grant application, staff identified Collins Aerospace as the vendor of choice for high frequency radios. However, after consulting with other agencies in the area and those awarded the same CAL- OES grant, staff identified NVIS Communications as the more appropriate vendor to purchase portable high frequency radios because the radios provided by NVIS Communications will seamlessly integrate with Verdugo Fire Communications (the dispatching agency for Monterey Park and surrounding cities). The portable radios will allow the Fire Chief and Battalion Chiefs the ability to communic ate with Verdugo and other local, state, and federal agencies in the event of a natural or manmade disaster.
Staff Report
December 20, 2023
FISCAL IM
PACT:
The City of Monterey Park received $60,000 for the 2022 grant year. Grant Funds of $60,000 have been budgeted in Fiscal Year 2023 -2024 budget. No additional funds are requested to cover the total cost of the purchase high frequency radios.
Respectfully submitted by: Prepared by:
Matthew Hallock
Fire Chief
Rebecca Bojorquez
Principal Management Analyst
Reviewed by:
Martha Garcia
Director of Finance
Approved by: Reviewed by:
Inez Alvarez
City Manager
Justin A. Tamayo
Deputy City Attorney
ATTACHMENT:
1. NVIS Communications Quote
Staff Report
December 20, 2023
ATTACHMENT 1
NVIS Communications Quote
Line Part Number Description Quantity Unit Price Amount 10 20 HF-PACKAGES 25,800.00 51,600.00
Codan FlyAway Kits - CalOES Grant Pricing
FLYK-125-SMART 3G ENVOY TRANSPORTABLE HF
Sub-items 30 to 280 belong to item 20
30 08-07520-001 2 EA
40 08-07218-002 2 EA
50 08-07000-001 2 EA
60 15-00149 2 EA
70 15-10469-000 2 EA
80 15-04177-EN 2 EA
90 78-20022 2 EA
100 67-90307 2 EA
110 08-07336-001 2 EA
120 08-07205-001 2 EA
130 78-01263 2 EA
140 15-04186-EN 2 EA
150 15-10593-000 2 EA
160 08-06952-002 2 EA
170 15-10595 2 EA
180 15-10597 2 EA
190 15-10645 2 EA
200 15-10561 2 EA
210 15-00765 2 EA
220 15-10618 2 EA
230 15-10622 2 EA
240 15-10630
Case, FLYK-125, Black
RF Unit, 2210 Envoy X2
Handset, 2220
Cradle, 2220
Opt F, Fan (Int fit)
Envoy Getting Started Guide
Tcvr Supply, 3020 c/w packaging
Cable, 3C Blk Mld IEC-US 2m
Envoy Smartlink, 2240
Cable, 2230/2240 to RF-Unit, 1m
Antenna, With Gimble WiFi RP-SMA
Reference Manual, Envoy Smartlink, 2240 Opt
3G ALE/DV/2G Data, 2210 (Int fit) Cable,
Data, 15way 2210 Tcvr to USB A 6m Upgrade,
AES-256 Encryption, 2210/2110 Upgrade,
Low Rate DV, 2210/2110
Opt, Digital Voice, Open Protocol
Opt GPS, 2210
GPS Rcvr, Envoy/SRx/AR Voice
Opt Free Tune TX 2210/2310/2410
Opt, XTEND App Enable 2210/2310/2410
Option,Virtual CP Enable, 2210/2310/2410
2 EA
Sub total 47,628.00
Total USD
All Prices Quoted in
United States Dollars
This Quotation is subject to Codan's Standard Terms and Conditions of Supply and International Product Warranty, copies of which are available at www.codancomms.com/terms. Codan is not required to supply The Purchaser following issuance of this Quotation unless and until The Purchaser formally submits an Order to Codan.By submitting an Order to Codan, The Purchaser warrants and represents to Codan that it has read and understood Codan's Standard Terms and Conditions of Supply and International Product Warranty, and agrees to comply with these in full.
QUOTATION
FORWARDING AGENT / MERCHANT / CARRIER
Freight Forwarder to be advised
Despatch Method Freight Method
Air Freight
Point of Delivery: DDP Monterey Park, CA USA
(INCOTERMS 2010 APPLY)
Delivery:
Customer Notes:
All freight and insurance quotes are only valid for 30
days from the Quote Date. If the quote is accepted 30
days after the Quote Date but is within Quotation
Validity, Codan Limited reserve the right to amend and
update all freight and insurance charges.
2 EA
Quote Date PagesQuote No.
NVIS 20056877 11/09/2023 1 of 2
Customer Order no. Quotation Valid to:
12/30/2022
Telephone:
1-408-712-1591
NVIS Representative
Feather Tippetts
NVIS Communications, LLC
28850 Shannon Court
Tehachapi, CA 93561
Telephone: 408-712-1591
[email protected]
PURCHASER:
Ryan Weddle
Monterey Park Fire Department
350 W. Newmark Avenue
Monterey Park, CA 91754
626.999-1051
[email protected]
CONSIGNEE:
Ryan Weddle
Monterey Park Fire Department
350 W. Newmark Avenue
Monterey Park, CA 91754
626.999-1051
[email protected]
The Company Bank is: J.P. Morgan Chase
270 Park Avenue, New York, NY 10017
SWIFT/BIC No: CHASUS33
USD ACCT 916300882
Routing No: 322271627
Payment Terms: 30 days from Invoice
Date
***EFT or Zelle Preferred, Credit Cards Accepted with a 3.5% fee on total.***
Line Part Number Description Quantity Unit Price Amount Sub total 53,054.00
1,335.27
172.69
Total USD 60,000.00
All Prices Quoted in
United States Dollars
This Quotation is subject to Codan's Standard Terms and Conditions of Supply and International Product Warranty, copies of which are available at www.codancomms.com/terms. Codan is not required to supply The Purchaser following issuance of this Quotation unless and until The Purchaser formally submits an Order to Codan.By submitting an Order to Codan, The Purchaser warrants and represents to Codan that it has read and understood Codan's Standard Terms and Conditions of Supply and International Product Warranty, and agrees to comply with these in full.
QUOTATION
Quote No. Quote Date Pages
NVIS 20056877 11/09/2023 2 of 2
Telephone:
1-408-712-1591
NVIS Representative
Feather Tippetts
NVIS Communications, LLC
28850 Shannon Court
Tehachapi, CA 93561
Telephone: 408-712-1591
[email protected]
400 TRAINING 1 EA 500.00 500.00
Monterey Park 10.25% Sales
Tax Freight
Insurance
5,438.04Radios are subject to Australian Government
Export Controls.
A signed End-User Declaration will be required.
250 05-06374 EA
260 08-07214-001 EA
270 67-90406 EA
280 15-04190-USB EA
290 78-13043 EA
300 78-01359 EA
310 08-05837-030 EA
320 HF-PACKAGES 1 EA 954.00 954.00
330 15-04178-USB 1 EA
340 15-04168-USB 1 EA
350 15-04171-USB 1 EA
360 15-06002-USB 1 EA
370 08-07214-001 1 EA
380 67-90406
Earth Braid, 5mm Holes, 1,5m
Cable, USB Programming, 222X / 2230 1,5M
Adaptor,microUSB Plug 2 USB Socket,153mm
Sprint Net Software, USB Package
Mast, Rolatube, 5m
Ant, Tactical Broadband (150W)
Cable, Coax UHF to N RG58 30m
HF-PROGRAMMING-PACKAGE
Sub-items 330 to 380 belong to item 320
TPS Software
Key Management Software, USB Package
Key Fill Software, USB Package
Virtual Control Point S/w,2210/2310/2410
Cable, USB Programming, 222X / 2230 1,5M
Adaptor,microUSB Plug 2 USB Socket,153mm
CBT (Computer Based Virtiual Envoy Radio)
@ 3 Licenses for 60 Days. TEAMS HF Basics
Training - Unlimited
1 EA
2 2
2 2
2 2
2
DATE:
Consent Calendar - 3GAGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Matthew Hallock, Fire Chief
SUBJECT: Recognition of January 11, 2024 as National Human Trafficking Awareness Day
RECOMMENDATION:
It is recommended that the City Council consider:
1. Adopting a Resolution recognizing January 11, 2024 as National Human Trafficking Awareness Day and;
2. Taking such additional, related, action that may be desirable.
EXECUTIVE SUMMARY:
National Human Trafficking Awareness Day, observed annually on January 11th, is a n initiative aimed at spotlighting the issue of human trafficking. The campaign seeks to educate communities, empower individuals to recognize signs of trafficking, and inspire collective action to prevent and combat this contemporary form of slavery. By des ignating a specific day, the initiative brings attention to the issue of human trafficking, encouraging diverse stakeholders, including government entities, law enforcement, non-profit organizations, businesses, and the general public, to actively engage in initiatives combating human trafficking.
On January 11, 2024 city staff, elected officials and residents are encouraged to wear blue attire in honor of National Human Trafficking Awareness Day, symbolizing unity and raising visibility for the cause. By combining awareness, education, community engagement, and strategic partnerships, the City actively contributes to the collective effort to eliminate this violation of human rights.
BACKGROUND:
The Blue Campaign was launched by the U.S. Department of Homeland Security in 2010 as a national public awareness effort dedicated to combating human trafficking. The campaign focuses on providing educational resources, training programs, and support services for victims, fostering collaboration, and engaging the private sector in ethical practices. Initiatives such as Wear Blue Day encourage public participation, symbolizing solidarity and raising awareness about human trafficking.
FISCAL IMPACT:
None.
City Council Staff Report
December 20, 2023
Respectfully submitted by: Prepared by:
Matthew Hallock
Fire Chief
Reymundo Lozano
Senior Code Enforcement Officer
Approved by: Reviewed by:
Inez Alvarez
City Manager
Jessica Estrella
Fire Marshal
ATTACHMENT:
1. Draft Resolution
Staff Report
December 20, 2023
ATTACHMENT 1
Draft Resolution
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MONTEREY PARK RECOGNIZING JANUARY 11, 2024 AS
NATIONAL HUMAN TRAFFICKING AWARENESS DAY
BE IT RESOLVED by the Council of the City of Monterey Park as follows:
SECTION 1: The City Council finds as follows:
A. Human trafficking is a heinous crime that violates the basic human rights of its victims, exploiting them for forced labor, sexual exploitation, and other forms of modern-day slavery.
B. The City of Monterey Park is committed to promoting awareness, preventing, and combating human trafficking within its borders.
C. National Human Trafficking Awareness Day is observed annually on January 11, serving as a vital reminder of the urgent need to address this global issue.
D. This day provides an opportunity for communities, organizations, and individuals to come together to raise awareness, educate the public, and take action to prevent and combat human trafficking.
E. It is crucial to acknowledge the tireless efforts of law enforcement, non -profit organizations, and advocates who work relentlessly to rescue victims, prosecute offenders, and raise awareness about human trafficking.
F. By recognizing National Human Trafficking Awareness Day, the City of Monterey Park aims to contribute to a collective effort to eliminate this grave violation of human dignity.
G. Promoting awareness is crucial to the prevention and elimination of human trafficking within our city and an informed community is better equipped to identify and report instances of human trafficking, support victims, and collaborate with law enforcement agencies and non-profit organizations
H. The City of Monterey Park encourages all residents, businesses, schools, and community organizations to participate in events, educational programs, and initiatives aimed at raising awareness about human trafficking and supporting efforts to combat it.
Resolution No.
I. The City of Monterey Park expresses its gratitude to all individuals and organizations actively working towards eradicating human trafficking and commits to continuing its efforts to create a community where the rights and dignity of every individual are upheld.
SECTION 2: 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 3: Recordation. The Mayor, or presiding officer, is authorized to sign this Resolution signifying its adoption by the City Council of the City of Monterey Park and the City Clerk, or her duly appointed deputy, may attest thereto.
SECTION 4: Effective Date. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.
PASSED AND ADOPTED this 20th day of December 2023.
________________________________
Jose Sanchez, Mayor
Attest:
__________________________
Maychelle Yee, City Clerk
Resolution No.
State of California )
County of Los Angeles) §.
City of Monterey Park )
I, Maychelle Yee, City Clerk of the City of Monterey Park, California, do hereby certify that the foregoing Resolution No. was duly and regularly adopted by the City Council of the City of Monterey Park at a regular meeting held on the 20th day of December, 2023, by the following vote:
Ayes: Council Members:
Noes: Council Members:
Absent: Council Members:
Abstain: Council Members:
Dated this 20th day of December 2023.
Maychelle Yee, City Clerk
Monterey Park, California
City Council Staff Report
DATE: December 20, 2023
AGENDA ITEM NO: Consent Calendar - 3H
TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: CIP 95030 Demolition of Fire Station Tower Project – Reject All Submitted Bids
RECOMMENDATION:
It is recommended that the City Council consider:
1. Rejecting all bids for Capital Improvement Project (CIP) No. 95030 – Demolition of Fire Station Tower Project; and
2. Taking such additional, related action that may be desirable.
EXECUTIVE SUMMARY
Per Resolution No. 2023-R52, the Public Works Director solicited bids for CIP 95030 – Demolition of Fire Station Tower Project. The bid opening was held on November 9, 2023.
The City received one bid from California Contractors. Staff recommends rejection of all bids due to the cost proposal exceeding the City’s budget for this project.
BACKGROUND
On October 16, 2023, staff advertised the bid for CIP 95030 – Demolition of Fire Station Tower Project. The bid opening was held on November 9, 2023, by the City Clerk’s Office and one bid was received from California Contractors. The proposed scope of work includes the demolition of the fire station tower and restoration of the roof.
RANK BIDDER BASE BID
AMOUNT
1 California Contractors $510,444.00
The only and apparent lowest responsible bidder, California Contractors, submitted a bid for $510,444.00. California Contractors’s proposal exceeds the City’s $100,000 budget for this project. Therefore, staff recommends that the City Council reject all bids. Staff is currently working on advertising for roof repairs at various City facilities and will incorporate the scope of work for this project in the bid package for more competitive pricing.
FISCAL IMPACT
There is no fiscal impact associated with rejecting the bid.
Staff Report
December 20, 2023
Respectfully submitted by:
Shawn Igoe
Director of Public Works
Approved by:
Reviewed by:
Inez Alvarez
City Manager
Karl H. Berger
City Attorney
ATTACHMENT
None
City Council Staff Report
DATE: December 20, 2023
AGENDA ITEM NO: Consent Calendar - 3I
TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: Second Amendment to Agreement 2273-A with National Business Furniture, LLC
RECOMMENDATION:
It is recommended that the City Council consider:
1. Authorizing the City Manager to execute a Second Amendment with National Business Furniture, LLC, in a form approved by the City Attorney, to purchase office furniture for various city departments for an amount of $175,000; and
2. Taking such additional, related, action that may be desirable.
EXECUTIVE SUMMARY:
In 2021, the City entered into an agreement with National Business Furniture, LLC (NBF) for the purchase of office furniture for the Police Department. A First Amendment to the agreement was executed to add the purchase of additional furniture for the Human Resources Department. It is recommended that City Council approve a Second Amendment to purchase office furniture for various other departments including, Community Development, Fire Prevention, Public Works and Finance. The estimated cost for the additional furniture is $175,000.
BACKGROUND:
Staff continuously evaluates City facilities and equipment, including office furniture. In recent years, several pieces of office furniture were replaced due to them reaching the end of their useful service life. It is recommended that new furniture be purchased to replace remaining equipment in Community Development, Fire Prevention, Public Works and Finance. The office furniture at these locations has reached its useful service life and needs to be replaced to accommodate current and future employees. Staff has met with NBF to obtain a cost estimate for needed furniture including desks, bookcases, file organizers, panels, etc. Their pricing is competitive, maintains a common theme, improves ergonomics, and reduces the need to have multiple parts available for future maintenance needs should alternative furniture products be purchased. The proposed Second Amendment would include the purchase of additional furniture for $175,000 and would extend the current agreement through December 31, 2024.
Staff Report
December 20, 2023
2023-2024 STRATEGIC PLAN GOAL:
The proposed amendment meets the City’s strategic goal of City Property/Facilities. The purchase of additional furniture will allow the City to replace outdated furniture in several departments. This will not only add consistency in office workstations throughout the City, but also provide for updated utility and long-term durability of office space for current and future employees.
FISCAL IMPACT:
The total cost to purchase additional office furniture for the various departments is $175,000.
Respectfully submitted by: Reviewed by:
Shawn Igoe
Director of Public Works
Martha Garcia
Director of Finance
Approved by:
Reviewed by:
Inez Alvarez
City Manager
Karl H. Berger
City Attorney
ATTACHMENT:
1. None
City Council Staff Report
DATE: December 20, 2023
AGENDA ITEM NO: Consent Calendar - 3J
TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: Amendment to Agreement 2360-A with Townsend Public Affairs RECOMMENDATION:
It is recommended that the City Council consider:
1. Authorizing the City Manager to execute Amendment No. 1 to Agreement 2360-A with Townsend Public Affairs Inc., in a form approved by the City Attorney ; to provide legislative advocacy and grant writing for an amount not to exceed $90,000; and
2. Taking such additional, related, action that may be desirable.
BACKGROUND:
Townsend Public Affairs, Inc. (TPA) is an experienced legislative advocacy and grant writing firm that provides local, regional, state, and federal service to public agencies.
TPA has provided services to over 300 clients and operates five (5) offices in California and Washington, DC.
In March 2023 the City entered into a limited-term contract for services with TPA to evaluate the various services provided by TPA. Since entering into the agreement with TPA, the City has received nearly $4 million in grants and earmark funding. It is anticipated that an additional $1.5 million will be awarded for additional projects early next year. They have additionally provided legislative advocacy and support for various items during this limited-term contract. It is recommended that City Council approve an amendment to extend their agreement through December 31, 2024 for an amount not to exceed $90,000.
2023-2024 STRATEGIC PLAN GOAL:
The proposed amendment supports various of the City’s strategic goals as the advocacy and grant writing provided by TPA can help the City secure grant funds for various projects, depending on funding availability and requirements. This can include items such as solar panel grants to meet sustainability goals, Police and Fire equipment to meet public safety and homelessness goals, along with many other opportunities.
FISCAL IMPACT:
The FY 23-24 budget has sufficient funds for the proposed amendment that will be shared between the various Departments. However, the anticipated grant funding received will
Staff Report
December 20, 2023
significantly offset the cost of the agreement. Funds for services in FY 24-25 will be budgeted through the City’s annual budget process.
Respectfully submitted by: Reviewed by:
Shawn Igoe,
Director of Public Works
Martha Garcia
Director of Finance
Approved by:
Reviewed by:
Inez Alvarez
City Manager
Karl H. Berger
City Attorney
ATTACHMENT:
1. Townsend PA Proposal
Staff Report
December 20, 2023
ATTACHMENT 1
Proposal
Proposal for Legislative Advocacy and Grant Funding Services | City of Monterey Park Page 1 Proposal for
Legislative Advocacy
and Grant Writing Services
December 8, 2023
Proposal for Legislative Advocacy and Grant Funding Services | City of Monterey Park Page 1
TABLE OF CONTENTS
Table of Contents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .......... 1
Cover Letter .................................................................................................................................. 2
Firm Overview .............................................................................................................................. 3
Client Service Team .................................................................................................................... 15
Scope of Services ....................................................................................................................... 30
Fee Schedule .............................................................................................................................. 35
Proposal for Legislative Advocacy and Grant Funding Services | City of Monterey Park Page 2
December 8, 2023
Inez Alvarez, City Manager
City of Monterey Park
320 West Newmark Ave.
Monterey Park, CA 91754
Dear Ms. Alvarez,
Thank you for the opportunity for Townsend Public Affairs, Inc. (“TPA”) to submit our proposal for Legislative Advocacy and Grant Funding Services to the City of Monterey Park (“City”).
Since its inception in 1998, TPA has earned the reputation as Champions for Better Communities by providing the experience, resources, and relationships expected from a premier legislative advocacy and grant writing firm while also giving clients the unique brand of customer service they deserve: personal attention, maximum accessibility, and passion for their mission.
Our strategic approach to advocacy and funding is ta ilored to meet the individual needs of each client by leveraging the breadth and depth of our team as well as our vast network of relationships with key stakeholders and decision makers.
Utilizing this method on behalf of our clients, TPA has shepherded over 100 legislative and regulatory proposals into law and secured over $2.9 billion in grants from state, federal, and local government agencies as well as nonprofit foundations and private companies.
Additionally, over the last 9 months, TPA is proud to have helped secure over $4.9 million in competitive grant funding and legislative directed spending on behalf of the City of Monterey Park.
Thank you again for your interest in our firm and your consideration of this proposal. Please contact us if you have any questions or need additional information. We would be honored to serve the City of Monterey Park.
Yours truly,
Christopher Townsend
President
Proposal for Legislative Advocacy and Grant Funding Services | City of Monterey Park Page 3
FIRM OVERVIEW
TPA is a state and federal legislative advocacy and grant writing firm that provides lobbying and funding services to public agencies and nonprofit organizations throughout California.
x Founder/Owner/President: Christopher Townsend
x Advocacy Success: Shepherded over 100 client-sponsor ed legislative proposals into law
x Funding Success: Over $2.9 billion in state, federal, and local government grants as well as grants from nonprofit organizations and private companies
x Longevity: 25 years (founded in 1998)
x Number of Employees: 21
x Number of Registered State and Federal Lobbyists and Grant Writers: 16
x Number of Offices: Five
o T P A S t a t e C a p i t o l O f f i c e , S a c r a m e n t o o T P A F e d e r a l O f f i c e , W a s h i n g t o n , D C o T P A N o r t h e r n C a l i f o r n i a O f f i c e , O a k l a n d o T P A C e n t r a l C a l i f o r n i a O f f i c e , F r e s n o o T P A S o u t h e r n C a l i f o r n i a O f f i c e , N e w p o r t B e a c h
x Types of Clients:
o C i t y G o v e r n m e n t s
o C o u n t y G o v e r n m e n t s
o W a t e r a n d S a n i t a t i o n D i s t r i c t s o T r a n s p o r t a t i o n D i s t r i c t s
o K – 1 2 S c h o o l D i s t r i c t s
o C o m m u n i t y C o l l e g e D i s t r i c t s
o P a r k s a n d R e c r e a t i o n D i s t r i c t s o F i r e P r o t e c t i o n D i s t r i c t s
o M u s e u m s , S c i e n c e C e n t e r s , a n d C u l t u r a l F a c i l i t i e s
x Areas of Specialization:
o L o c a l G o v e r n a n c e ( C i t i e s , C o u n t i e s , S p e c i a l D i s t r i c t s ) o T r a n s p o r t a t i o n P o l i c y a n d I n f r a s t r u c t u r e o W a t e r a n d S a n i t a t i o n P o l i c y a n d I n f r a s t r u c t u r e o E d u c a t i o n P o l i c y a n d I n f r a s t r u c t u r e o H o u s i n g a n d E c o n o m i c D e v e l o p m e n t o P a r k s a n d C o m m u n i t y F a c i l i t i e s ( R e c r e a t i o n a l , C u l t u r a l , H i s t o r i c a l ) o E n e r g y , E n v i r o n m e n t , a n d N a t u r a l R e s o u r c e s o P u b l i c S a f e t y
o B u d g e t a n d F i n a n c e
x Ranking by Revenue Reported to the California Secretary of State:
o 8 th of 491 Firms Registered for 2021–22 Legislative Session o 9 9 th Percentile
x More California public agencies have hired TPA to represent them in Washington, DC than any other advocacy firm in the nation.
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FIRM OVERVIEW
STATE LEGISLATIVE ADVOCACY ACHIEVEMENTS
Policy Sector Issue Outcome Of Lobbying Efforts
Local Governance
Local Control and Finance
x Public Facilities and Finance
x P u b l i c E m p l o y e e P r o g r a m s
x C o n t r a c t u a l A s s e s s m e n t P r o g r a m s x I n f r a s t r u c t u r e F i n a n c i n g O p p o r t u n i t i e s Public Employee Benefits
x P E P R A C o m p l i a n c e
x J P A B e n e f i t s
x M e d i c a l B e n e f i t s V e s t i n g
Cannabis x D r a f t i n g L o c a l a n d S t a t e C a n n a b i s R e g u l a t i o n s x Local Control
Transportation
Local Streets and Roads x S t a t e H i g h w a y R e l i n q u i s h m e n t s x L o c a l V e n u e S i g n a g e o n S t a t e H i g h w a y s State Highway System x S t a t e B o n d F u n d i n g f o r H i g h w a y P r o j e c t s x E x p a n s i o n o f T o l l L a n e s / T o l l R o a d s Water and Sanitation
Water Quality
x D r i n k i n g W a t e r P u b l i c H e a l t h R e g u l a t i o n s x Groundwater Pollution Liability
x G r o u n d w a t e r M a n a g e m e n t P l a n s x Direct/Indirect Potable Reuse
Water Infrastructure
x S t a t e B o n d F u n d i n g f o r W a t e r P r o j e c t s x L o c a l R e l i a b i l i t y P r o j e c t s
x W a t e r C o n s e r v a t i o n P r o g r a m s
Sanitation Infrastructure x I n t e g r a t e d R e g i o n a l W a t e r s h e d P r o j e c t s x A d v a n c e d W a t e r T r e a t m e n t F a c i l i t i e s Housing and
Community
Development
Affordable Housing x Developing Funding for Affordable Housing x E x p a n d i n g A f f o r d a b l e H o u s i n g E l i g i b i l i t y Economic Development
x Capital Investment Incentive Program Expansion
x Enterprise Zone Program Regulations
x Military Base Reuse Land Planning
Redevelopment
x A g e n c y D i s s o l u t i o n P r o c e s s
x Developing Post-RDA Funding Sources
x S t a t e L i a b i l i t y R e d u c t i o n
Recreation and Natural
Resources
Park Facilities
x Joint-Use Projects with School Districts
x State Bond Funding for Local Park Projects
(Propositions 11, 68, and 84)
Greenhouse Gas Reduction x T O D H o u s i n g t o S u p p o r t C a p a n d T r a d e O b j e c t i v e s x I n c r e a s e T r a n s i t A c c e s s i b i l i t y f o r A c t i v e T r a n s p o r t a t i o n Cultural and Historical
Resources Cultural Facilities x CA Cultural and Historical Endowment x C A N a t u r e E d u c a t i o n F a c i l i t i e s P r o g r a m Public Safety
Public Health
x A i r P o l l u t i o n R e d u c t i o n M e t h o d s x T r e a t m e n t o f t h e R e m a i n s o f a D e c e a s e d x V e t e r a n R e s o u r c e s
Crime Reduction x Sex Trafficking Control
x G u n C o n t r o l
Local Law Enforcement
x Increasing Local Police Presence/COPS
x P o l i c e B o d y C a m e r a s
x Regional Public Safety Task Force Initiatives
Education
Community College Districts
x V e t e r a n s R e s o u r c e s
x Alternative Energy Job Training
x A D A R e f o r m
K–12 School Districts x K – 1 2 S a f e t y P l a n n i n g P r o g r a m s x Joint Use Projects with Civic Agencies
School Facilities
x C h a r t e r S c h o o l F a c i l i t i e s F u n d i n g x C o m m u n i t y C o l l e g e F a c i l i t i e s F u n d i n g x K – 1 2 S c h o o l D i s t r i c t F a c i l i t i e s F u n d i n g
A DETAILED SCHEDULE OF OUR STATE, FEDERAL, AND LOCAL LEGISLATIVE
ADVOCACY ACHIEVEMENTS CAN BE PROVIDED UPON REQUEST
Proposal for Legislative Advocacy and Grant Funding Services | City of Monterey Park Page 5
FIRM OVERVIEW
FEDERAL LEGISLATIVE ADVOCACY ACHIEVEMENTS
Policy Sector Issue Outcome of Lobbying Efforts
Local Control and
Local Budget
COVID-19 Pandemic
Messaging
x H e l p e d l e a d t h e c r e a t i o n a n d p a s s a g e o f t h e C A R E S A c t a n d t h e American Rescue Plan (ARPA)
x C r a f t e d r e g i o n a l a d v o c a c y l e t t e r s t o u r g e f o r i n c r e a s e d l o c a l relief funding
x C o o r d i n a t e d w i t h N a t i o n a l L e a g u e o f C i t i e s a n d t h e W h i t e H o u s e to utilize and distribute TPA templates, models, and language regarding COVID-19 messaging
x Facilitated conversations betwee n the Department of Treasury and local public agencies regarding the implementation and reporting of CARES Act and ARPA funds
Wireless Infrastructure
x O b t a i n e d c o p y o f d r a f t t e x t o f w i r e l e s s i n f r a s t r u c t u r e b i l l t h a t threatened local control
x Using both statistics and anecdotal evidence, advocated against provisions that would challenge local control, resulting in mitigation of provisions upon introduction
Local Funding
x S u c c e s s f u l l y a d v o c a t e d f o r r e a u t h o r i z a t i o n a n d r e t u r n o f f u n d i n g for the Secure Rural Schools/Payment in Lieu of Taxes
programs
State and Local Tax
Deduction
x M o d i f i e d p r o v i s i o n f r o m t a x l e g i s l a t i o n t h a t w o u l d h a v e i m p a c t e d local public agency general fund budgets
Sober Living Homes
x N e g o t i a t e d p u b l i c m e s s a g i n g o n i s s u e x I n f l u e n c e d w i t n e s s e s a n d p r e m i s e f o r s o b e r l i v i n g h e a r i n g x P r o p o s e d a m e n d m e n t t o c i r c u m v e n t c o n t r o v e r s i a l p r o v i s i o n s ; amendment was adopted by House committee
x P u s h e d f o r H o u s e a n d S e n a t e p a s s a g e o f o p i o i d s p a c k a g e including sober living provision in each version—both packages passed with sober living provision intact
Transportation and
Infrastructure
Streets, Roads, Public
Transit, Highways, and
Airports
x S u c c e s s f u l l y a d v o c a t e d f o r c o n t i n u e d o r i n c r e a s e d f u n d i n g f o r four out of five federal transportation infrastructure programs between Fiscal Years 2018 and 2019, with the fifth program receiving a one-time tripling of funding in Fiscal Year 2018 Water Water
x S u c c e s s f u l l y a d v o c a t e d for an increase in funding for Bureau of Reclamation WaterSMART grant programs two fiscal years in a row
x A u t h o r i z e d m i l l i o n s o f d o l l a r s i n f u n d i n g f o r c l i e n t s t h r o u g h t h e 2022 WRDA process
Affordable
Housing,
Homelessness,
and Community
Development
Homelessness x S e c u r e d d i r e c t H U D f u n d i n g f o r i n n o v a t i v e p r o g r a m s t o p r o v i d e temporary housing and rehabilitation to homeless individuals Private Activity Bonds x Negotiated removal of provision from tax legislation that would have impacted key financing tool for new construction
Community
Development Block
Grants
x S u c c e s s f u l l y a d v o c a t e d f o r m a i n t a i n e d f u n d i n g f o r H U D Community Development Block Grants between Fiscal Years 2017 and 2019
Public Safety and
Emergency
Management
Anti-Crime Provisions
x Inserted rural gang priority language in House and Senate Appropriations Committee Report
x C r e a t e d r e g i o n a l c o a l i t i o n o f C e n t r a l C a l i f o r n i a c i t i e s a n d l a w enforcement agencies to advocate for prioritizing rural gang violence
Local Law Enforcement x I n c r e a s e d l o c a l p o l i c e p r e s e n c e t h r o u g h s e c u r i n g f u n d i n g f r o m the U.S. Department of Justice COPS program
Firefighter Grants x S u c c e s s f u l l y a d v o c a t e d f o r c o n t i n u a t i o n o f f u n d i n g f o r F E M A firefighter grants
Education Public Education
x A u t h o r i z e d $ 3 0 m i l l i o n f o r C a l i f o r n i a M a r i t i m e C e n t e r s o f Excellence through the 2022 National Defense Authorization Act (NDAA)
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FIRM OVERVIEW
EXAMPLES OF SUCCESSFUL STATE/FEDERAL EARMARKS
The following charts detail TPA’s success in securing state and federal earmarks over the past several years. In addition to the state budget funding secured for the City of Monterey Park listed below, TPA also helped secure a $1.5 million federal earmark that is currently pending in the House. We expect these funds to be included in the Fiscal Year 2023-24 budget once it is approved by Congress.
FY 2023–24 STATE BUDGET EARMARKS
Client Name Project Amount Awarded
City of Agoura Hills Bikeway Master Plan Implementation $500,000 City of Anaheim
Haskett Library Makerspace $300,000
Store One Upgrades $1,000,000
Mobile Family Resource Center Operations $1,500,000
City of Avalon Cabrillo Mole Phase II $2,000,000
City of Costa Mesa Behavioral Health Unit $750,000
City of Del Mar Sand Replenishment $500,000
City of El Monte Pioneer Park $500,000
City of Emeryville 40th Street Corridor Improvement $750,000 City of Fremont
Multi-Service Community Center At Central Park $1,000,000 Housing Navigation Center $500,000
Commercial District Wi-Fi Access Expansion Project $1,500,000 City of Gardena Rowley Park Gymnasium Renovation $3,000,000 Mas Fukai Park $2,000,000
City of Half Moon Bay Coastside Farmworker Housing Development $2,000,000 Affordable Housing Projects $1,250,000
City of Hayward
St. Rose Hospital Sub-Acute Facility $2,000,000
Stack Youth and Family Center Phase II $2,500,000
Hayward Evaluation and Response Teams (HEART) $1,212,000 City of Irvine Real Time Crime Center $2,000,000
Public Safety Enhancements $990,000
City of Kingsburg Fire Department Ladder Truck $350,000 City of La Habra Vista Grande Park $2,000,000
City of La Verne EOC Upgrades $200,000
City of Laguna Beach Moss Street Beach Access Improvements $1,225,000 Moulton Meadows Dog Play Area $300,000
City of Mendota Community Center $8,000,000
City of Modesto
Downtown Streets Teams $1,000,000
Awesome Spot Playground $400,000
Modesto MoBeautiful $250,000
City of Monterey Park Fire Station Rehab $2,000,000
City of Morro Bay Storm Drain Replacement - Sequoia Court $300,000 City of Newport Beach Trash Interceptor $1,600,000
City of Oakley East Cypress Road Widening $2,000,000
City of Oceanside OFD Training Center - Portable Buildings/Pump Facility $500,000 City of Orange Homeless Resource Center, Phase I $1,000,000 Homeless Resource Center, Phase II $2,000,000
City of Parlier Indoor/Outdoor Regional Sports Park $1,000,000 City of Pleasanton PFAS Water Treatment Project $1,000,000 City of Reedley Transitional Housing Facility Improvements $150,000 Sports Park Field Lighting $350,000
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FIRM OVERVIEW
EV Charging Facilities $100,000
City of San Leandro Nimitz Motel Acquisition $2,500,000 City of San Pablo San Pablo Recreation/Space Project $3,000,000 City of Santa Clara
SC Overnight Care Locations $1,800,000
Regional Public Safety Interoperable Radio
Communications $1,750,000
City of South San Francisco Great America Parkway $200,000 City of Temecula Ynez Road Improvements $1,000,000
City of Tulare Tulare Fire Department Equipment $1,000,000 City of Tustin Tustin Legacy Park $750,000
Consumnes Community
Services District Elk Grove Regional Veterans Memorial Wall $ 1,000,000 Contra Costa County Fire
Protection District Firefighter Peer Support & Crisis Referral Pilot $ 2,500,000 Discovery Cube Los
Angeles STEM Walk and Ride Trails Project $933,000
Hesperia Parks and
Recreation District Corporation Yard Relocation/Construction $2,000,000 Orange County Pacific
Symphony Education and Enrichment $2,000,000
TOTAL FY 2023–24 STATE BUDGET EARMARKS $73,910,000
FY 2022–23 STATE BUDGET EARMARKS
Client Name Project Amount Awarded
California Academy of
Sciences Thriving California Environmental Learning Plan $2,100,000 City of Agoura Hills Linear Park Project $6,000,000
City of Anaheim Boysen Park Rehabilitation $15,000,000
City of Berkeley Marina and Pier Projects $15,000,000
City of Buena Park Water System Improvements $5,000,000 City of Compton Artesia Boulevard Bridge Rehabilitation $12,000,000 City of Costa Mesa
Citywide Park Project $10,000,000
Ketchum Liboldt Park $1,200,000
Fairview Developmental Center $3,500,000
City of Del Mar Del Mar Bridge Replacement Project $2,200,000 City of Dinuba Fire Department Equipment and Training $2,000,000 City of Farmersville Fire Station Construction $7,000,000 City of Fremont
Teen Center Building Upgrades $8,000,000
Sabercat Bridge and Trail project open space
acquisition and planning $6,000,000
I-680 Sabercat Bridge Infrastructure $6,000,000
Housing Navigation Center $500,000
City of Fullerton Navigation Center Project $6,000,000
City of Gardena Broadband Infrastructure $4,000,000
Revitalization of Gardena Boulevard $2,000,000
City of Hayward Scattered Site Housing Model to Create Cost-Effective Permanent Housing for Unhoused Individuals $5,400,000
City of Huntington Beach Mental Health Crisis Unit $1,500,000 City of Irvine Sweet Shade Park $2,800,000
Mental Health Crisis Unit $1,500,000
City of La Habra Imperial/Coyote Creek Sinkhole $8,500,000
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FIRM OVERVIEW
City of Laguna Beach Mental Health Crisis Unit $1,500,000 City of Merced Merced Regional Fire Training Center $3,000,000 City of Oakland Teachers Rooted in Oakland (TRiO) Program $5,000,000 City of Palo Alto Replacement of Fire Station 4 $5,200,000 Newell Road Bridge Replacement $2,000,000
City of Parlier Parlier Police Station $2,500,000
City of Santa Clara Magical Bridge All-Inclusive Playground in Central Park $800,000 City of South San Francisco Linden Park Project $3,200,000 County of San Mateo Union Community Alliance $1,500,000 City of Tustin Centennial Park Rehab Project $4,800,000 Discovery Cube Los
Angeles Sustainability Park Project $5,000,000
Discovery Cube Orange
County Santiago Creek Sustainability Park $10,000,000
Imperial County Lithium Valley Specific Plan and PEIR $5,000,000 Land Conservancy of San
Luis Obispo County Camatta Ranch Preservation $2,500,000 North Orange County Public
Safety Task Force
Servicing the Public Safety Collaborative efforts within the cities of Anaheim, Brea, Buena Park, Fullerton, La
Habra, Stanton, and Placentia
$8,000,000
Oakland Museum of
California
Calli Americas Poster Collection Digitizing and
Cataloguing Project $250,000
Port of Hueneme eCrane - Electrical Crane Plug-In Infrastructure $5,000,000 Tri-Valley Cities Coalition Valley Link Rail Project (Environmental Study and Preliminary Engineering) $5,000,000
TOTAL FY 2022–23 STATE BUDGET EARMARKS $200,950,000
FY 2021–22 STATE BUDGET EARMARKS
Client Name Project Amount Awarded
City of Costa Mesa Regional Fire and Rescue Facility Improvements $2,500,000 City of Del Mar Del Mar Fairgrounds Operating Shortfall $3,500,000 City of Emeryville Affordable Housing Site Remediation $2,500,000 City of Farmersville Fire Engine Acquisition $750,000
City of Fremont Mission Blvd Interchange Modernization Project $7,200,000 City of Fullerton Hunt Library Restoration $2,750,000
Homelessness Recuperative Center $4,000,000
City of Half Moon Bay Carter Park Renovation Project $4,750,000 City of Hayward Hayward Navigation Center $662,000
South Hayward Youth Family Center Project $1,000,000
City of Irvine Bommer Canyon Fire Prevention Efforts $1,000,000 City of Lafayette Safe Pathway for Children Trail $238,000 City of Modesto Infrastructure Improvements to County Islands $5,000,000 City of Oakland
Oakland Fund for Public Innovation for the
California Entrepreneurship Capital in the
Community Initiative
$8,000,000
Local Jurisdiction Assistance for Cannabis Equity
Program
$9,905,020
Oakland MACRO Project $10,000,000
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FIRM OVERVIEW
Port of Oakland Freight and Passenger Infrastructure
Enhancements
$280,000,000
City of Pismo Beach Public Safety Communications Equipment $470,000 City of Reedley Olson/Kings River Sewer Main Replacement $2,800,000 City of San Leandro Memorial Park Rehabilitation Project $2,750,000 City of San Pablo Alternative Policing and Mental Health Program $2,000,000 City of Santa Ana Youth Facilities Improvements $4,000,000 City of South San Francisco Vehicle License Fee Adjustment $3,000,000 City of Tracy Multi-Generational Recreation Center $5,000,000 City of Tustin New Emergency Backup Generator $1,500,000 Discovery Science
Foundation
Discovery Cube of Orange County Re-Opening
Operating Expenses
$2,040,000
Discovery Cube of Los Angeles Re-Opening
Operating Expenses
$2,600,000
North Orange County Public
Safety Task Force
North Orange County Public Safety and Homelessness
Task Force Program Extension
$7,800,000
TOTAL FY 2021–22 STATE BUDGET EARMARKS $377,715,020
FY 2019–20 STATE BUDGET EARMARKS
Client Name Project Amount Awarded
City of Agoura Hills Stormwater Treatment Project $1,000,000 City of Avalon Underground Fuel Tank Removal and Replacement $500,000 City of Buena Park Historical Facilities Renovations $500,000 City of Costa Mesa Lions Community Park $1,000,000
City of Dinuba Water Well Replacement $1,000,000
City of Huntington Beach Multi-Use Blufftop Path $1,700,000 City of Laguna Beach Laguna Canyon Road Fuel Modification $1,000,000 City of Oakland Public Safety Projects $4,000,000
Bus Services $1,000,000
City of Selma Storm Drain, Storage, and Recharge $1,500,000 Discovery Cube of
Los Angeles Natural Resources Pavilion $5,000,000
Discovery Cube of
Orange County Property Acquisition/Parking Structure $10,000,000 East Contra Costa Fire
Protection District
Equipment, Vehicles, and Facilities
Acquisitions and Improvements $500,000
North County Transit District Del Mar Bluffs Stabilization Project $6,130,000 Tri-Valley Cities Coalition Dublin Sports Grounds All-Abilities Playground $1,400,000 TOTAL FY 2019–20 STATE BUDGET EARMARKS $36,230,000
CUMULATIVE TOTAL STATE BUDGET EARMARKS
FOR FY 2019–20, FY 2021–22, FY 2022–23, AND FY 2023–24:
$688,805,020
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FIRM OVERVIEW
FY 2023 FEDERAL APPROPRIATIONS EARMARKS
Client Project Amount Awarded
City of Avalon Pebbly Beach Road $2,000,000
Affordable Community
Living Veteran Housing Project $1,000,000
City of Berkeley Martin Luther King Junior Youth Services Center Renovation $750,000
City of Del Mar Shoreline Access Improvement Project $750,000 Discovery Cube Los
Angeles Community Pavilion and Gardens $2,000,000
Discovery Cube Orange
County Santiago Creek Festival Grounds Sustainability Park $2,000,000 City of Dinuba Well 21 $1,500,000
City of Emeryville Intergenerational Affordable Housing Project on San Pablo Avenue $500,000
City of Gardena Rosecrans Community Center $1,000,000
Guadalupe Union School
District Early Childhood Education Center $2,000,000
City of Half Moon Bay Highway 1/ Frenchman Creek Intersection and Bike/Ped Improvements $2,000,000
City of Hesperia Cedar Street $2,000,000
City of Lafayette School Street Safe Routes to Schools $3,100,000 Merced County Association
of Governments YARTS Fleet Replacement Project $3,680,000 City of Murrieta Keller Ave Interchange $2,600,000
North Orange County Public
Safety Collaborative Homelessness and Mental Health Recovery Services $5,000,000 City of Oakland
Coliseum Place Affordable Housing Project $750,000
Procedural Justice/Community Police Trust $646,000
Lincoln Center Resilience Hub $2,000,000
Orange County Housing
Finance Trust
Funding to Support Permanent Supportive and Low-
Income Housing $3,000,000
City of Ontario Active Seniors on the Go $439,094
City of Pleasanton PFAS Treatment and Well Rehabilitation Project $2,000,000 City of Palmdale Ave. M Grade Separation Project $2,000,000 Ave. M Grade Separation Project $1,500,000
City of Parlier Police Station Rehabilitation and Improvements $875,000 Rancho Santiago
Community College District
Workforce Development Pathways Targeting Dislocated
and At-Risk Populations $2,000,000
City of Santa Clara Fire Station Microgrid Project $500,000 Anna Drive Neighborhood Flood Protection Project $3,000,000 City of South El Monte Merced Avenue Greenway Project $3,000,000 Sunline Transit Agency Fueling Infrastructure Expansion $2,500,000 City of Tulare Water Delivery System $500,000
Emergency Homeless Shelter $1,500,000
Yorba Linda Water District Green Crest Lift Station $300,000 Yosemite Community
College District
Modesto Junior College Regional Fire Training Facility
Apparatuses and Props $2,000,000
TOTAL FY 2023 FEDERAL APPROPRIATIONS EARMARKS $60,390,094
Proposal for Legislative Advocacy and Grant Funding Services | City of Monterey Park Page 11
FIRM OVERVIEW
FY 2022 FEDERAL APPROPRIATIONS EARMARKS
Client Name Project Amount Awarded
Amity Foundation Mother's Hub Residence $2,838,521
Cities of Anaheim, Brea,
Buena Park, Fullerton,
Stanton, Placentia
North Orange County Public Safety and Homelessness
Task Force: Homelessness and Mental Health Recovery
Services
$5,000,000
Cities of Dublin, Livermore,
and Pleasanton AXIS Mental Health Urgent Care $450,000
City of Agoura Hills Community Center $1,000,000
City of Beaumont Pennsylvania Avenue Widening $1,500,000 City of Berkeley African American Holistic Resource Center $1,000,000 City of Brea Tracks at Brea Extension $2,000,000
City of Chino Hills Open Space Fuel Reduction $565,000
City of El Monte MacLaren Community Park Project $1,500,000 City of Emeryville Contaminated Remediation for Housing $2,000,000 City of Hesperia Maple Avenue Street Improvements $2,000,000 City of Huntington Beach
Sand Mitigation $15,500,000
Mobile Crisis Response Program $500,000
City of Murrieta Homeless Outreach Services Funding $500,000 City of Oakland
Mental Health Resilience Project $1,230,000
Mental Health Resilience Project $734,000
Broadway—Bus and Pedestrian Safety $2,000,000
Violence Prevention Project $200,000
City of Placentia Golden Avenue Bridge $2,200,000
City of San Ramon Iron Horse Trail Crow Canyon Road Iron Horse Trail Bic
ycle-Pedestrian Overcrossing $2,000,000
City of Santa Clara City of Santa Clara De La Cruz Blvd, Lick Mill Blvd, and Scott Blvd Bicycle Projects $2,725,000
City of Stanton Orangewood Parkette $850,000
Discovery Cube of
Orange County
Land Acquisition and Development for Sustainability
Festival $2,000,000
East Contra Costa Fire
Protection District Fire Station $1,500,000
Guadalupe Union School
District LeRoy Park $1,700,000
North County Transit District Hydrogen Fuel Cell Electric Bus Station $1,717,836 Rancho Santiago Community
College District RSCCD Digital Access Consortium $2,000,000 Town of Danville
Danville Townwide Traffic Signal Modernization $1,000,000 Iron Horse Trail Bridge, Nature Park, and Pedestrian
Safety Project $350,000
Yorba Linda Water District Heli-Hydrant $500,000
TOTAL FY 2022 FEDERAL APPROPRIATIONS EARMARKS $59,060,357
TOTAL FEDERAL APPROPRIATIONS EARMARKS
FOR FY 2022 and FY 2023:
$119,450,451
Proposal for Legislative Advocacy and Grant Funding Services | City of Monterey Park Page 12
FIRM OVERVIEW
GRANT FUNDING ACHIEVEMENTS
This table provides an overview of our grant funding achievements on behalf of our clients from state, federal, and local government agencies as well as private and nonprofit grant programs.
These amounts represent grants secured through a competitive and/or legislative process and do NOT include any funds awarded to clients via formulas or related forms of funding entitlements.
As part of TPA’s overall grant funding achievements, TPA helped secure a $1.4 million grant for the Monterey Park Bruggemeyer Library earlier this year.
Policy Area State Funding Federal Funding All Sources
Water and Sanitation $134.1 Million $13.2 Million $147.3 Million Transportation $704.7 Million $233.4 Million $938.2 Million Education $256.9 Million $49.9 Million $306.8 Million
Parks and Recreation $292.2 Million $30.6 Million $322.9 Million Cultural Resources $140.0 Million $14.2 Million $154.3 Million Housing and
Development $772.0 Million $36.4 Million $806.8 Million Public Safety $155.2 Million $80.1 Million $235.2 Million TOTAL $2.5 Billion $457.8 Million $2.9 Billion
A DETAILED 20-PAGE SCHEDULE OF OUR STATE, FEDERAL, AND LOCAL GRANT
FUNDING ACHIEVEMENTS CAN BE PROVIDED UPON REQUEST
Proposal for Legislative Advocacy and Grant Funding Services | City of Monterey Park Page 13
FIRM OVERVIEW
STATE GOVERNMENT RELATIONSHIPS
City’s State Legislative Delegation:
x S e n a t o r S u s a n R u b i o
x A s s e m b l y M e m b e r M i k e F o n g
Governor’s Administration and Agency Leadership:
x G o v e r n o r G a v i n N e w s o m
E x e c u t i v e S e c r e t a r y D a n a W i l l i a m s o n S e n i o r C o u n s e l o r J a s o n E l l i o t t x L i e u t e n a n t G o v e r n o r E l e n i K o u n a l a k i s x S t a t e T r e a s u r e r F i o n a M a
x S t a t e C o n t r o l l e r M a l i a C o h e n
x A t t o r n e y G e n e r a l R o b B o n t a
x S u p e r i n t e n d e n t o f P u b l i c I n s t r u c t i o n T o n y T h u r m o n d x S e c r e t a r y W a d e C r o w f o o t , N a t u r a l R e s o u r c e s A g e n c y x S e c r e t a r y T o k s O m i s h a k i n , C a l i f o r n i a S t a t e T r a n s p o r t a t i o n A g e n c y x S e c r e t a r y A m e l i a Y a n a G a r c i a G o n z a l e z , C a l i f o r n i a E n v i r o n m e n t a l P r o t e c t i o n A g e n c y x S e c r e t a r y T o m i q u i a M o s s , B u s i n e s s , C o n s u m e r S e r v i c e s , a n d H o u s i n g A g e n c y x D i r e c t o r A r m a n d o Q u i n t e r o , D e p a r t m e n t o f P a r k s a n d R e c r e a t i o n x D i r e c t o r K a r l a N e m e t h , D e p a r t m e n t o f W a t e r R e s o u r c e s x D i r e c t o r J o e S t e p h e n s h a w , D e p a r t m e n t o f F i n a n c e x D i r e c t o r G u s t a v o V e l a s q u e z , D e p a r t m e n t o f H o u s i n g a n d C o m m u n i t y D e v e l o p m e n t
State Legislative Leadership:
x S e n a t e P r e s i d e n t P r o T e m p o r e T o n i A t k i n s x S e n a t e P r e s i d e n t P r o T e m p o r e – D e s i g n e e M i k e M c G u i r e x S e n a t e R e p u b l i c a n L e a d e r B r i a n J o n e s x A s s e m b l y S p e a k e r R o b e r t R i v a s x A s s e m b l y S p e a k e r P r o T e m p o r e J i m W o o d x A s s e m b l y M a j o r i t y L e a d e r C e c i l i a A g u i a r - C u r r y x A s s e m b l y R e p u b l i c a n L e a d e r J a m e s G a l l a g h e r
Key Legislative Committee Leadership
• Senate Appropriations Chair Anthony Portantino
• Senate Budget Chair Nancy Skinner
• Senate Governance and Finance Committee Chair Anna Caballero • Senate Human Services Committee Chair Marie Alvarado-Gill • Senate Transportation Committee Chair Lena Gonzalez
• Assembly Transportation Committee Chair Lori Wilson
• Assembly Appropriations Chair Buffy Wicks
• Assembly Budget Chair Jesse Gabriel
• Assembly Local Government Committee Chair Juan Carrillo • Assembly Housing and Community Development Committee Chair Chris Ward • Assembly Water, Parks, and Wildlife Committee Chair Diane Papan
Proposal for Legislative Advocacy and Grant Funding Services | City of Monterey Park Page 14
FIRM OVERVIEW
FEDERAL GOVERNMENT RELATIONSHIPS
City’s Federal Legislative Delegation:
x S e n a t o r A l e x P a d i l l a
x S e n a t o r L a p h o n z a B u t l e r
x R e p r e s e n t a t i v e J u d y C h u
President’s Administration and Federal
Agencies:
x W h i t e H o u s e O f f i c e o f
Intergovernmental Affairs
E v a n W e s s e l , A s s o c i a t e
Director of Intergovernmental
Affairs
x D e p a r t m e n t o f A g r i c u l t u r e
H o m e r W i l k e s , U n d e r
Secretary Natural Resources
and Environment
C a r l o s S u a r e z , C a l i f o r n i a
State Conservationist
x D e p a r t m e n t o f C o m m e r c e
M i c h e l l M o r t o n , B r o a d b a n d
Program Specialist
x D e p a r t m e n t o f E d u c a t i o n
A d a m H o n e y s e t t , M a n a g i n g
Director, State and Local
Engagement
x D e p a r t m e n t o f H o m e l a n d S e c u r i t y x D e p a r t m e n t o f E n e r g y
C h r i s t i a n B a t o , R e g i o n a l
Intergovernmental and
External Affairs Specialist
x D e p a r t m e n t o f H o u s i n g a n d U r b a n Development
x D e p a r t m e n t o f t h e I n t e r i o r
x D e p a r t m e n t o f J u s t i c e
S h a n n o n L o n g , C O P S O f f i c e
x D e p a r t m e n t o f L a b o r
x D e p a r t m e n t o f T r a n s p o r t a t i o n L a n d o n B a i l e y , S p e c i a l
Assistant for Government
Affairs
W i l l R a s k y , A d v i s o r f o r
Governmental Affairs
x A r m y C o r p s o f E n g i n e e r s
x B u r e a u o f R e c l a m a t i o n
J a c k S i m e s , A r e a M a n a g e r ,
Southern California Area
Office
x F e d e r a l A v i a t i o n A d m i n i s t r a t i o n F a v i o l a G a r c i a , D e p u t y
Regional Administrator
N a t h a n M o r r i s s e y ,
FAASTeam Ops
x E c o n o m i c D e v e l o p m e n t
Administration
x E n v i r o n m e n t a l P r o t e c t i o n A g e n c y J a m i e P i z i a l i , M u n i c i p a l
Ombudsman
x F i s h a n d W i l d l i f e S e r v i c e
x N a t i o n a l M a r i n e F i s h e r i e s S e r v i c e x National Park Service
J o y B e a s l e y , A s s o c i a t e
Director, Cultural Resources,
Partnerships, and Science
M e a g a n B r o w n , C e r t i f i e d
Local Government
Coordinator
Key Congressional Legislative
Committees:
x S e n a t e A p p r o p r i a t i o n s C o m m i t t e e x S e n a t e C o m m e r c e , S c i e n c e , a n d Transportation Committee
x S e n a t e E n v i r o n m e n t a n d P u b l i c Works Committee
x H o u s e A p p r o p r i a t i o n s C o m m i t t e e x H o u s e T r a n s p o r t a t i o n a n d
Infrastructure Committee
A DETAILED LIST OF OUR STATE, FEDERAL, AND LOCAL
RELATIONSHIPS CAN BE PROVIDED UPON REQUEST
Proposal for Legislative Advocacy and Grant Funding Services | City of Monterey Park Page 15
CLIENT SERVICE TEAM
PROFESSIONALS
With a team of 16 registered state and federal legislative and funding advocates, TPA has the breadth and depth of experience AND the ability to deploy as many advocates as needed to maximize success for the City while minimizing the burden on City staff. TPA proposes a dedicated team of six people to perform state and federal advocacy and grant writing services for the City.
Christopher Townsend
President
Role: Managing Principal/Senior Strategic Advisor
Cori Takkinen
Vice President
Role: Legislative and Funding Advocate
Sean McReynolds
Senior Associate
Role: Legislative and Funding Advocate
Joseph Melo
Senior Associate
Role: Federal Legislative and Funding Advocate
Anastasia Heaton
Associate
Role: Funding Advocate/Grant Writer
Resumes for each member of the client service team can be found on the following pages.
Proposal for Legislative Advocacy and Grant Funding Services | City of Monterey Park Page 16
CLIENT SERVICE TEAM
Christopher Townsend, President: Christopher founded TPA in 1998 and has 40 years of experience in public affairs, legislative advocacy, and grant writing. Christopher and TPA have represented over 315 clients, including 250 local public agencies, such as cities, counties, transportation agencies, water and sanitation districts, elementary and secondary school districts, community college districts, park and recreation districts, and other special districts as well as nonprofit organizations.
Townsend Public Affairs, Inc.
President 1998–Present
Christopher provides leadership to a team of 16 advocates and grant writers while managing the development and implementation of strategies for the agendas of each client. His achievements include:
x U n d e r C h r i s t o p h e r ’ s l e a d e r s h i p , T P A h a s b e c o m e o n e o f t h e m o s t s u c c e s s f u l a d v o c a c y firms in California (and is continually recognized as a “top ten” firm registered with the California Secretary of State) while still providing the personalized attention and focus of a small boutique firm.
x U n d e r C h r i s t o p h e r ’ s l e a d e r s h i p , T P A h a s s h e p h e r d e d over 100 legislative and regulatory proposals into law over a wide range of policy areas, including local governance, water and sanitation, transportation, housing and economic development, parks and natural resources, historical and cultural resources, elementary and secondary education, higher education, and public safety. The bipartisan capabilities of the firm are evidenced by legislative and funding successes over the tenure of several federal and state administrations, including Presidents Bill Cl inton, George W. Bush, Barack Obama, and Donald Trump and Governors Pete Wilson, Gray Davis, Arnold Schwarzenegger, Jerry Brown, and Gavin Newsom.
x C h r i s t o p h e r a n d h i s t e a m h a v e s e c u r e d o v e r $2.9 billion in local, reg i onal, state, and federal government grants as well as private and nonprofit grants for a multitude of legacy projects in the policy sectors of water and sanitation, transportation, education, housing and economic development, parks and natural resources, historical and cultural resources, and public safety.
x C h r i s t o p h e r m a i n t a i n s c l o s e b i p a r t i s a n r e l a t i o n s h i p s w i t h s e v e r a l m e m b e r s o f t h e California Congressional delegation, including Senator Padilla and Representatives Torres, Porter, Levin, Correa, Lee, Swalwell, Napolitano, Garamendi, Carbajal, DeSaulnier, Sanchez, Lieu, Harder, Calvert, Garcia, Steel, and Kim.
x C h r i s t o p h e r m a i n t a i n s c l o s e b i - p a r t i s a n r e l a t i o n s h i p s w i t h a n u m b e r o f C a l i f o r n i a S t a t e Legislators, including Senators Laird, Gonzalez, Bradford, Newman, Min, Skinner, and Umberg, and Assembly Members Addis, Lowenthal, Gipson, Ting, Ta, and Petrie-Norris.
x C h r i s t o p h e r a n d T P A h a v e p a r t i c i p a t e d i n t h e d e v e l o p m e n t a n d i m p l e m e n t a t i o n o f s e v e r a l California bond propositions for the statewide ballot to provide capital funding for major infrastructure projects, including water and sanitation, transportation, education, housing and economic development, parks and natural resources, and historical and cultural
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CLIENT SERVICE TEAM
resources, including Propositions 1, 1B, 1C, 1D, 1E, 12, 13, 14, 40, 47, 50, 55, 68, and
84. Most recently, Christopher worked closely with the State Legislature and the Governor’s office on the drafting of SB 5 (De Leon), which authorized a $4 billion park bond that was approved on the November 2018 statewide ballot as Proposition 68.
x I n 1 9 9 9 , C h r i s t o p h e r w a s a p p o i n t e d b y A s s e m b l y S p e a k e r A n t o n i o V i l l a r a i g o s a t o s e r v e on the Speaker’s Commission on State and Local Government Finance.
x I n 1 9 9 7 , C h r i s t o p h e r w a s a p p o i n t e d b y A s s e m b l y S p e a k e r C r u z B u s t a m a n t e t o s e r v e o n the California Film Commission.
PepsiCo/Taco Bell Corp., Irvine, CA
Senior Director, Government & Community Affairs 1992–1998
Christopher managed and directed government and media relations, crisis management, internal communications, and marketing publicity. Christopher also managed the political action committee for state and federal political races. Additionally, Christopher managed community relations initiatives, corporate philanthropy, and the Taco Bell Foundation.
Stein-Brief Group, Inc., Dana Point, CA
Vice President, Public Affairs 1982–1992
Christopher directed government, community, and media relations at the local, state, and federal levels, including the management of a l l p o l i t i c a l , c i v i c , c h a r i table, and cultural activities.
Christopher provided land-use planning and en titlement process analysis for domestic and international projects. Christopher also managed activities with numerous state and federal agencies to ensure compliance with all applicable laws and regulations governing land use.
Finally, Christopher created and directed a political action committee that supported various local, state, and federal candidates and ballot initiatives.
JFK School of Government, Harvard University, Cambridge, MA Master of Public Administration 1991
Claremont McKenna College, Claremont, CA
Bachelor of Arts, Political Science, Magna cum Laude, Political Science Honors Prize 1982
Coro Fellow
Southern California 1981
Harry S. Truman Scholar
California 1980
Proposal for Legislative Advocacy and Grant Funding Services | City of Monterey Park Page 18
CLIENT SERVICE TEAM
Cori Takkinen, Vice President: Cori brings 15 years of legislative advocacy and public policy experience to TPA. Cori has extensive experience writing grants for various local, regional, state, and federal opportunities. Cori has expertise in the policy sectors of local governance, transportation, water resources, infrastructure, sanitation, parks and recreation, and economic development.
Townsend Public Affairs, Inc.
Vice President 2011–Present
Throughout her tenure at TPA, Cori has been responsible for securing millions in competitive grant funds for local public agency clients. In addition to her expertise on municipal issues, Cori has strong experience building coalitions, identif ying synergies, and leveraging all available opportunities to achieve success. Cori has a strong network of relationships with State Legislators, key staff, and various state agencies. Some of Cori’s accomplishments include:
Federal
x L e v e r a g i n g r e l a t i o n s h i p s w i t h t h e C a l i f o r n i a F e d e r a l d e l e g a t i o n , C o r i h a d o v e r $25 million in Community Project Funding (or earmarks) included in the nine appropriations bills that passed the House in FY 2022. In addition, Cori leveraged her relationships with Senator Padilla and Senator Feinstein to ensure the inclusion of several projects in the Senate Appropriations bills. Cori maintains a close relationship with Senator Padilla from his previous tenure in the State Senate as well as through his tenure on the Board of Directors of the Discovery Science Foundation, the founding client of Townsend Public Affairs.
x C o r i w o r k e d o n b e h a l f o f s e v e r a l c i t i e s i n N o r t h O r a n g e C o u n t y t o s e c u r e $5 million in funding for the North Orange County Public Safety Collaborative through the federal appropriations process in FY 2022. This was the largest community project award nationwide for the OBJ/Byrne JAG program at the federal level.
x C o r i w o r k e d w i t h t h e C i t y o f L a g u n a B e a c h t o s e c u r e $59,628 t h r o u g h t h e F E M A Assistance for Firefighters Grant program. Cori worked closely with FEMA program staff to secure funding for mobile radios and programming equipment that brought the Laguna Beach Fire Department up to P-25 compliance. Bringing the Fire Department into compliance has allowed increased coordination and activity with the California Office of Emergency Services and the State’s Master Mutual Aid Plan.
State
x I n t h e F Y 2 0 2 1 – 2 2 S t a t e B u d g e t , C o r i w o r k e d w i t h s e v e r a l m u n i c i p a l a n d n o n p r o f i t c l i e n t s to secure $54 million in budget earmarks for priority projects, including funding for mental health, public safety, infrastructure improvements, and parks and trails improvements.
x I n t h e F Y 2 0 1 9 – 2 0 S t a t e B u d g e t , C o r i w o r k e d w i t h f i v e m u n i c i p a l c l i e n t s a n d o n e n o n p r o f i t client to secure $20.2 million in budget earmarks for priority projects, including funding for a stormwater treatment facility, historical renovations, park and trail improvements, fire prevention, and children’s science education.
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CLIENT SERVICE TEAM
x L e v e r a g i n g r e l a t i o n s h i p s w i t h t h e S t a t e L e g i s l a t u r e , C o r i s e c u r e d a n e a r m a r k i n t h e F Y 2017–18 State Budget in the amount of $20 million to form the North Orange County Public Safety Collaborative. Since that time, Cori has identified additional funding opportunities at the state and federal level and the Collaborative has received a total of $40.8 million since 2017. These annual funds have been allocated to be used for programs to address youth violence prevention and intervention in K–12 schools, programs to promote and enhance the successful reentry of offenders into the community, and programs to address homeless outreach and intervention efforts.
x C o r i w o r k e d o n b e h a l f o f t h e C i t y o f L a H a b r a t o s e c u r e a d i r e c t f u n d i n g a l l o c a t i o n i n t h e FY 2021–22 State Budget in the amount of $8.5 million to repair an underground culvert in La Habra that collapsed due to a period of heavy rainfall. The culvert is a critical regional channel that provides drainage to the City of La Habra and a portion of North Orange County. This is a critical infrastructure project to protect public health and to protect one of North Orange County’s busiest traffic corridors.
x C o r i w o r k e d w i t h t h e C i t y o f S a n t a A n a t o s e c u r e a d i r e c t f u n d i n g a l l o c a t i o n i n t h e F Y 2018–19 State Budget in the amount of $4 million to upgrade water infrastructure within the City. TPA worked with the City’s legisl ative delegation, staff from the Assembly and Senate Budget Committees, and the Department of Finance to ensure funding was included in the State Budget for this critical project to allow the City’s water customers to have real-time access to their water usage, which will help facilitate water conservation and reduce customers’ utility bills.
x C o r i w o r k e d w i t h t h e O r a n g e C o u n t y W a t e r D i s t r i c t a n d t h e O r a n g e C o u n t y S a n i t a t i o n District to sponsor AB 2022 (Gordon). The bill allowed for limited bottling of the highly treated and recycled GWRS water for educational purposes. The bill was the first legislation in the nation that allowed for the direct bottling of advanced treated recycled water. TPA secured bipartisan support for the legislation and it was signed into law.
x C o r i w o r k e d c l o s e l y w i t h t h e S t a t e L e g i s l a t u r e a n d A d m i n i s t r a t i o n o n t h e d e v e l o p m e n t a n d implementation of Proposition 68, the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018. Cori worked in support of a variety of clients to create specific funding opportunities to achieve desired results. In addition to securing funding opportunities for municipalities, Cori’s efforts with Proposition 68 resulted in $4.8 million t o f u n d a c o n s e r v a t i o n p r o g r a m a t W e s t C o y o t e H i l l s i n Fullerton as well as $3.5 million to fund science education at the Discovery Cube Orange County.
x C o r i h a s b e e n a c t i v e l y e n g a g e d i n S t a t e f i r e p r e v e n t i o n l e g i s l a t i o n t o r e d u c e t h e r i s k o f fires caused by above ground utilities as well as to provide opportunities for local jurisdictions located in high fire hazard severity zones to receive priority for fire mitigation measures.
x C o r i w o r k e d w i t h t h e C i t y o f B r e a t o s e c u r e o v e r $10 million from local, state, and federal sources for the Tracks at Brea project. The proj ect is a four-mile multi-use rail to trail project that will traverse the City. Funding sources include the US Environmental Protection Agency, California Natural Resources Agency, Strategic Growth Council, California Transportation Commission, and the Southern California Association of Governments.
Proposal for Legislative Advocacy and Grant Funding Services | City of Monterey Park Page 20
CLIENT SERVICE TEAM
County of Orange, Board of Supervisors
Policy Advisor for Supervisor John Moorlach 2010
Cori served as a policy advisor for then-County of Orange Supervisor (and who is now a Senator in the State Legislature). Cori was responsible for research, analysis, and subsequent recommendations of all policy issues relating to Orange County Public Works as well as state and federal legislation. Cori served as a liaison between the Supervisor and County staff, constituents, and community groups.
Tom Campbell for US Senate Campaign 2010
Chapman University, Orange, CA
Master of Public Administration 2014
Claremont McKenna College, Claremont, CA
Bachelor of Arts Economics and Government with Leadership Sequence 2011
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CLIENT SERVICE TEAM
Sean McReynolds, Senior Associate: Sean brings 12 years of government affairs experience to TPA. Sean has both state and federal legislative experience in areas such as healthcare, water, natural resources, wildfire, veteran issues, budget, housing, and education. Sean has a strong network of relationships with staff and members of the California State and Federal Legislative Delegation.
Townsend Public Affairs, Inc.
Senior Associate 2019–Present
Since joining TPA, Sean has helped secure over $50 million in funding achievements for TPA clients. Sean has also worked with clients to develop their legislative advocacy agenda at both the state and federal levels. Some of his recent accomplishments include:
x O n b e h a l f o f t h e C i t y o f C o s t a M e s a , S e a n w o r k e d w i t h t h e c i t y ’ s A s s e m b l y m e m b e r , S t a t e Senator, and budget committee staff to secure $11.2 million in state budget funding. This funding will allow the City to complete several critical park projects, including Jack Hammett Sports Complex, TeWinkle Athletic C o m p l e x , K e t c h u m - L i b o l t P a r k , F a i r v i e w Park Mesa, and Shalimar Park.
x S e a n w o r k e d w i t h t h e C i t y o f T u s t i n t o r e s o l v e a r e g u l a t o r y a n d s t a t e l e g i s l a t i v e i s s u e related to the City’s housing element. Sean utilized his relationships with the executive staff at the Department of Housing and Community Development (HCD) to help shape legislation that incorporated the City’s housing preferences and priorities. Sean also advocated for the quick approval of the City’s housing element and secured extended deadlines that met the City’s needs.
x S e a n w o r k e d w i t h l e g i s l a t i v e s t a f f a n d l a w m a k e r s t o h e l p s e c u r e $2 million in state budget funding for the non-profit Pacific Symphony. This funding will allow the Symphony to expand its music education programs for at-risk communities and provide resources for schools and students to develop their classical music capabilities.
x O n b e h a l f o f t h e C i t y o f N e w p o r t B e a c h , S e a n h e l p e d t o s u c c e s s f u l l y s e c u r e a s t a t e a u d i t request of the State Department of Health Care Services (DHCS) and their management of sober living homes. Sean worked with city and state legislative staff to help craft the state audit request of DHCS and advocated to members of the Joint Legislative Audit Committee (JLAC). The request was approved unanimously by the JLAC and has directed the State Auditor to conduct its investigation to provide a resolution for the city, as well as other cities across the State.
x L e v e r a g i n g h i s a g e n c y r e l a t i o n s h i p s , S e a n h e l p e d s e c u r e o v e r $11 million in CalHOME grant funding for Affordable Community Living Corporation. This funding will help support the non-profit’s efforts to provide affordable manufactured housing for low-income individuals, as well as down-payment and mortgage assistance services to assist those most in need.
x I n t h e F Y 2 0 2 2 – 2 3 f e d e r a l b u d g e t c y c l e , S e a n w o r k e d w i t h f e d e r a l l a w m a k e r s a n d s t a f f t o help secure $750,000 f o r t h e C i t y o f D e l M a r f o r t h e C o a s t a l R e s i l i e n c y a n d A c c e s s
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CLIENT SERVICE TEAM
Improvement Project. This project will implement a city-wide flood mitigation plan, connect existing trails to expand pedestrian access, and create a scenic loop trail network throughout Del Mar.
x S e a n w o r k e d w i t h t h e C i t y o f C o s t a M e s a o n a m u l t i - y e a r e f f o r t t o t r a n s i t i o n a s t a t e - operated facility into a collaborative project that includes the City’s priorities. Sean set up meetings with key decision-makers, including the Director of the Department of General Services (DGS), to advocate for the City’s position regarding Fairview Developmental Center. Using his policy and legislative expertise, Sean helped the City craft trailer bill language that was ultimately adopted as part of the FY 2022-23 State Budget while simultaneously securing $3.5 million for the City.
Orange County Health Authority
Senior Policy Analyst 2016–2018
Sean was responsible for helping develop and implement CalOptima’s legislative agenda, strengthening relations with elected officials at every level of government, and improving the agency’s positive image in the community. Sean also worked with trade associations, lawmakers, and government agencies to further the agency’s goals and objectives.
U.S. House of Representatives, Office of Congressman Ed Royce Legislative Assistant/House Foreign Affairs Committee Liaison 2011–2015
Sean worked for Rep. Ed Royce in Washington, DC and was responsible for managing a legislative portfolio, advising the Congressm an on policy recommendations, and coordinating communications between the DC and California offices on House Committee actions.
California State University, Fullerton
Bachelor of Arts, Political Science 2012
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CLIENT SERVICE TEAM
Joseph Melo, Senior Associate: Joseph brings 10 years of federal legislative, funding, and public policy experience. Joseph has extensive experience managing legislative and funding activity, including bill analysis, research, and drafting, particularly for federal funding opportunities. Joseph has expertise in several policy areas including energy and commerce, technology, education, housing, foreign affairs, and local government governance.
Townsend Public Affairs, Inc.
Senior Associate 2023–Present
As a Senior Associate, Joseph is skilled in leveraging his extensive policy knowledge and relationships at both the state and federal levels to advocate for TPA clients and ensure legislative and funding success. Some of Joseph’s experience includes:
x J o s e p h s u c c e s s f u l l y a d v o c a t e d f o r t h e i n c l u s i o n o f t h r e e c o m m u n i t y c o l l e g e p r o j e c t s i n t h e FY 2024 community project funding process. These projects, which would support the priorities of Long Beach and Yosemite Community College Districts, were selected by multiple members of the House and Senate and approved by the full appropriations committees in each chamber.
x J o s e p h h a s w o r k e d c l o s e l y w i t h s e v e r a l T P A c l i e n t s t o p l a n f e d e r a l a d v o c a c y t r i p s a n d accompany personnel throughout their visit. These trips resulted in valuable meetings with the clients’ respective congressional delegations and federal agencies, leading to the identification of several funding and partnership opportunities.
x J o s e p h ’ s e x p e r i e n c e w o r k i n g f o r t w o C a l i f o r n i a C o n g r e s s i o n a l R e p r e s e n t a t i v e s h a s l e d t o an extensive network of relationships both on Capitol Hill and within federal agencies.
These relationships have led to many successes navigating program complexities, rules, and regulations at agencies such as the Departments of Education, Energy, Commerce, the Treasury, and EPA. His understanding of the regional and political dynamics of the California Congressional delegation and their interactions with other members of the Senate and House are key to successfully advocating for California-based clients.
x J o s e p h h a s e x t e n s i v e k n o w l e d g e a n d u n d e r s t a n d i n g o f t h e c u r r e n t f e d e r a l a p p r o p r i a t i o n s process and has experience in successfully securing millions of dollars’ worth of earmarks for California projects. While serving as Policy Advisor to Congressman McNerney, Joseph assisted in securing $27 million in community project funding for 15 community projects in Contra Costa and San Joaquin counties, greatly benefiting local California communities.
U.S. House of Representatives, Office of Congressman Jerry McNerney (CA-09) Policy Advisor, Legislative Assistant, Legislative Correspondent, Intern 2019–2023
As Policy Advisor, Joseph led the Congressman’s legislative portfolio on issues under the jurisdiction of the Energy & Commerce Committee (Subcommittees on Energy, Communications & Technology, and Consumer Protection & Commerc e) and the Science, Space & Technology Committee (Subcommittee on Energy). He assisted in staffing, advising, and preparing the Congressman’s questions and talking points for committee hearings and markups. Joseph co-led the Congressman’s appropriations process and initially helped to secure more than $27 million for
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fifteen community projects located in California’s Contra Costa County and San Joaquin County as well as managed the Congressman’s caucus work a s c o - c h a i r o f t h e A r t i f i c i a l I n t e l l i g e n c e Caucus and Wi-Fi Caucus. Prior to serving as the Congressman’s Policy Advisor, Joseph served as Legislative Assistant, Legislative Correspondent/Staff Assistant, and Intern, demonstrating expertise in a wide range of policy areas, including energy and commerce, technology, education, housing, foreign affairs, and local governance.
Save the Children Action Network
Public Policy and Advocacy Intern 2018
Joseph supported bipartisan federal, state, and local government relations efforts through research on elected officials, congressional candidates, and legislation. He also wrote memorandum on education programs and policies, and he drafted policy documents advocating for specific legislation and institutions relating to early childhood education.
Oracle Corporation
Enterprise Account Manager 2015–2017
While at Oracle, Joseph progressed from Business Development Consultant to Account Manager in under two years. As Enterprise Account Manager, Joseph supported Fortune 100 companies and associated subsidiaries in initiating, developing, and closing sales cycles with Oracle’s cloud portfolio as well as led meetings and managed relationships with executive leadership.
U.S. House of Representatives, Office of Congresswoman Nancy Pelosi (CA-12) District Intern 2014
Joseph assisted in casework and advocated for constituents by calling, emailing, and helping draft letters to federal agencies. Additionally, he worked alongside congressional aides to research and complete policy-focused projects.
University of California, Berkeley
Bachelor of Arts, Political Science 2015
The Wilson Center
Foreign Policy Fellowship Program Certificate 2022
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CLIENT SERVICE TEAM
Anastasia Heaton, Associate: Anastasia brings a variety of experience and knowledge to TPA, including five years of experience in public cultural and historical resources. Anastasia has grant writing experience in areas such as water, parks and recreation, cultural resources, and natural resources.
Townsend Public Affairs, Inc.
Associate 2021–Present
Since joining TPA, Anastasia has worked with clients to develop their funding proposals and secure competitive grant funding on projects. Anastasia has developed robust and strong relationships with the Department of Water Resources, California Natural Resources Agency, Governor’s Office of Planning and Research, California State Library, Go-BIZ, the Department of Parks and Recreation, and the National Endowment of the Arts. She has also worked to identify strategic funding resources that ensure her clients’ visions are transformed into reality. Some of her work includes:
x T h r o u g h t h e 2 0 2 2 S t a t e B u d g e t p r o c e s s , A n a s t a s i a w o r k e d t o a d v o c a t e f o r t h e i n c l u s i o n of $6 million for the City of Agoura Hills’ Linear Park construction. This park will provide critical recreation, social, and educational spaces for residents of the City of Agoura Hills.
x A n a s t a s i a a l o n g s i d e t h e C a l i f o r n i a W a t e r S e r v i c e , s e c u r e d $ 4 . 2 m i l l i o n in competitive Urban Community Drought Relief funding through the Department of Water Resources.
This funding will be used to consolidate several at risk and dangerous water systems to provide clean, accessible potable water to a disadvantaged area.
x A n a s t a s i a w o r k e d w i t h S t a t e D e p a r t m e n t o f W a t e r R e s o u r c e s s t a f f t o s e c u r e $2.3 million in Small Community Drought Relief Grants. This grant funding supported three projects in Kern County and Marin County, ranging in award amounts from $19,500 to $1.4 million.
These critical drought mitigation projects include a new intake facility and increased storage capacity for water districts hit the hardest by severe drought conditions.
x A n a s t a s i a w o r k e d c l o s e l y w i t h t he City of Palmdale to secure $1 million in competitive LA County Regional Park and Open Space District Measure A funding for Regional Recreation, Multi-Use Trails, and Accessibility projects. This grant funding will go towards the expansion of a beloved and critical swimming pool in the City’s Marie Kerr Park.
x T h r o u g h t h e B u i l d i n g F o r w a r d L i b r a r y I n f r a s t r u c t u r e P r o g r a m , A n a s t a s i a s e c u r e d a t o t a l of $2.7 million in state funding for various projects benefiting libraries throughout the state – from children’s wing expansion to HVAC and elevator repairs.
x A n a s t a s i a w o r k e d a l o n g s i d e t h e C i t y o f A g o u r a H i l l s a n d t h e S t a t e A s s e m b l y t o s e c u r e $6 million in funding for the Agoura Hills Linear Park through the State Budget process. This funding will be critical in constructing an innovative park space for the City.
x W i t h t h e C i t y o f M u r r i e t a , A n a s t a s i a s e c u r e d $2.4 million in Economic Development Agency competitive grant funding for the Murrieta Innovation Center, a life-science startup
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CLIENT SERVICE TEAM
incubator and community resource that will prove integral for job growth and economic development in the City.
x A l o n g s i d e M e r c e d U n i o n H i g h S c h o o l D i s t r i c t , A n a s t a s i a s e c u r e d $750,000 in Outdoor Equity Grant Funding through the California Department of Parks and Recreation for the District’s “Our Outdoors Program,” which will provide outdoor education excursions and career development for underserved students.
x W o r k i n g a l o n g s i d e G o l d e n S t a t e N a t u r a l R e s o u r c e s , A n a s t a s i a s e c u r e d $500,000 in US Department of Agriculture funding through the Wood Products Innovation Grant. This will fund planning-level funding of wood product innovation through alternative fuel development.
x O n b e h a l f o f t h e C i t y o f L a H a b r a , A n a s t a s i a s e c u r e d $320,000 in US Department of Transportation Safe Streets and Roads 4 All (SS4A) grant funding to fund the full implementation of a Safe Routes to Schools Plan, helping students in the region safely travel to and from school using active transportation methods.
x T h r o u g h L A M e t r o ’ s 5 3 1 0 G r a n t P r o g r a m , A n a s t a s i a , w i t h t h e C i t y o f S o u t h E l M o n t e , secured $230,000 in competitive funding for the acquisition of an electric shuttle vehicle to allow for increased, sustainable transit options for seniors and disabled residents of the City.
x A n a s t a s i a s u b m i t t e d a n a p p l i c a t i o n t o t h e 2 0 2 2 B u r e a u o f R e c l a m a t i o n ’ s W a t e r S M A R T Water and Energy Efficiency Program, securing $235,170 in grant funding to implement the California Water Service’s multi-region turf replacement program, replacing turfgrass with drought tolerant, California-friendly habitat.
x A n a s t a s i a s e c u r e d $81,045 in last-mile broadband access funding for the City of Palm Springs through the California Public Utilities Commission Broadband Adoption Account.
This funding will provide needed computer and broadband access infrastructure for the City of Palm Springs’ library.
x A n a s t a s i a s e c u r e d $10,000 in State Parks and Recreation funding for the City of Murrieta and the Murrieta Public Library through the Parks Pass Program. She then secured an additional $30,000 in Sustainable Libraries Grant funding on behalf of the Murrieta Public Library to augment the ongoing existing natural resources education initiatives and expand library reach. These grant funds will go towards the creation of outdoor activity kits and an Earth Day festival for Murrieta library patrons.
x A n a s t a s i a s e c u r e d $8,600 in LA County Arts Council Community in Action Arts Grants for the City of Palmdale’s Gabriel’s House Music and Kids Program, which offer musical education to underserved youth and public performance opportunities.
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CLIENT SERVICE TEAM
U.S. State Department and Indian Health Services Agency Research and Writing VSFS Intern 2020–2021
Anastasia worked as a researcher and writing intern for the U.S. State Department and Indian Health Services Agency, devising creative ways to translate and narrate information and data on cultural resources and public health.
Santa Barbara Mission Archive-Library
Archival Intern 2020
Anastasia worked to research and identify significant historical narratives and bring them to the public through community outreach and public education efforts. She provided key support on managing grant documentation and securing funding for the Mission Archive-Library.
Westmont College, Santa Barbara
Bachelor of Arts, History 2021
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LEGISLATIVE ADVOCACY SCOPE OF SERVICES
TPA will continue to utilize the following strategic and comprehensive approach to provide state and federal legislative advocacy services to the City:
x Conduct Detailed Re-onboarding: T P A u t i l i z e s a c o m p r e h e n s i v e p r o c e s s t h a t i n c l u d e s extensive meetings with various relevant members of City leadership and key City departments to help develop a strategic plan that is carefully tailored to satisfy the needs of the City and is designed for maximum success in the current political climate and funding environment.
x Refine Legislative Strategy: TPA will continue implementing the City’s legislative strategy that represents the City’s priorities in Sacramento and Washington, DC. These efforts will be shared with key stakeholders in the State Legislature and Governor’s Administration as well as Congress and the Biden Administration.
x Continue Implementing the Legislative Strategy: TPA will continue advocating for the City’s legislative agenda utilizing the following methods:
o Build and Strengthen Relevant Relationships: T P A h a s c u l t i v a t e d a n e t w o r k o f valuable relationships that will be leveraged to promote the City’s legislative agenda.
o Leverage Relationships for Strategic Advocacy Plan: T P A w i l l e n g a g e v a r i o u s techniques to leverage our network of key relationships on behalf of the City:
S c h e d u l e m e e t i n g s f o r t h e C i t y t o d i s c u s s r e l e v a n t l e g i s l a t i o n P r e p a r e a l l b r i e f i n g m a t e r i a l s a n d t a l k i n g p o i n t s f o r t h e C i t y B r i e f l e g i s l a t i v e o f f i c e s a n d s t a k e h o l d e r s o n t h e C i t y ’ s l e g i s l a t i v e a g e n d a F o l l o w - u p o n m e e t i n g s t o e n s u r e c o m m i t m e n t s a n d d e l i v e r a b l e s a r e b e i n g m e t
o Coordinate Advocacy Trips: TPA will work with the City to coordinate advocacy trips to Sacramento and Washington, DC to meet with the City’s legislative delegation, as well as legislators that serve on committees relevant to the City’s agenda.
Furthermore, whenever possible, TPA will also schedule site visits by legislators to the City.
o Track Legislation: TPA will identify, analyze, and monitor all bill introductions and amendments relevant to the City’s legislative platform and assess their potential impact on the City.
o Craft Testimony and Position Letters: TPA will prepare and submit written and verbal testimony regarding legislation relevant to the City. TPA will also draft and deliver position letters to legislators and key officials on specific bill language.
o Draft Bill Language: TPA will draft language and amendments for relevant legislation, as required to protect and promote the City’s agenda.
o State Budget Funding Opportunities: In an effort to maximize state funding, TPA will work with the City to identify projects and other funding priorities that may be suitable for funding through the State Budget. TPA will coordinate with the City to
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SCOPE OF SERVICES
develop supporting materials for the budget request. TPA will also work with members of the City’s state legislative delegation, along with the Assembly and Senate Budget Committees, to gain support for the inclusion of the City’s project in the final State Budget approved by the Legislature.
o Federal Earmark Opportunities: In an effort to maximize federal funding, TPA will work with the City to identify projects and other funding priorities that may be suitable for funding through the Federal Earmark process. TPA will coordinate with the City to develop supporting materials for the earmark request. TPA will also work with members of the City’s federal legislative delegation to gain support for the inclusion of the City’s project.
TPA has worked closely with the City over the last 9 months and has gained extensive knowledge of the City’s priority projects. TPA will continue to pursue state and federal earmark opportunities for projects such as EV charging stations, advanced metering infrastructure projects, and fire station upgrade funding.
x Provide Progress Reports: TPA will confer regularly with the City on our activities. TPA will provide timely electronic reports on the status of all legislative activity, such as bill language, amendments, and committee analyses. In addition to written reports, TPA will be available to the City for conference calls, in-person briefings, and meetings.
x Prepare and File Lobbying Disclosure Reports: TPA will prepare and file, on behalf of the City, all applicable state and federal lobbying disclosure reports.
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GRANT WRITING SCOPE OF SERVICES
TPA will continue utilizing a strategic and comprehensive approach to provide grant writing services to the City:
x Craft Strategic Funding Plan: TPA will continue coordinating with the City to develop a proactive and comprehensive strategic funding plan that serves the needs of the City’s priorities. The plan will outline and prioritize m u l t i p l e f u n d i n g o p t i o n s f o r e a c h p r o j e c t a n d develop a specific plan of work tailored for ea ch project. It will also identify key “strings attached” to help assess the cost/benefit ratio for each grant opportunity.
o Utilizing its knowledge of the City’s priority projects, TPA will continue its grant writing work to pursue competitive funding for projects such as household hazardous waste reduction, hillside stabilization, the emergency operation center, and Bearcat Medevac funding.
x Identify, Research, and Monitor Grant Funding Opportunities: TPA will utilize list-serve subscription programs, funding workshops, agency canvassing, and other networking tactics to ensure every potential opportunity is identified and reviewed for relevance with the City’s projects. TPA will then share these opportunities with the City for further assessment and determination if a grant application is warranted. The City will also receive a grant matrix of funding programs that is updated regularly as new opportunities arise.
x Community Outreach: TPA will assist the City with community outreach required for grant applications by ensuring the City is aware of specific requirements, helping develop materials that capture all elements required by the grant, and compiling the outreach data for inclusion in the application.
x Grant Application Development and Submittal: TPA will develop, draft, submit, and follow up on each City grant application through the following process:
o Establishment of Clear Accountabilities: TPA will coordinate with the City to ensure the assignment of responsibilities and tasks are made clear so that confusion and inefficiency are avoided, and the City is burdened as little as possible while TPA pursues a grant opportunity.
o Provide Overview of Full Application Requirements: For each grant application, TPA will provide the City with a detailed overview of the requirements for the grant program and corresponding application to ensure that the program is a strong fit for the City’s project. This will include:
A p p l i c a t i o n t i m e l i n e
E l i g i b l e p r o j e c t t y p e s
F u n d i n g a v a i l a b i l i t y a n d a ward maximums and minimums L i s t o f a p p l i c a t i o n c o m p o n e n t s , i n c l u d i n g p r o p o s a l q u e s t i o n s a n d a n y r e q u i r e d attachments
o Assemble Project Background and Details: TPA will conduct a detailed informational interview with City staff most involved with each project in order to gain
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SCOPE OF SERVICES
a full understanding of the project background and scope details necessary for developing the grant proposal and addressing all application questions.
o Coordinate Technical Project Details : For technical application components such as site plans, detailed cost estimates, project timelines, engineering plans, and cost- benefit analyses, TPA will coordinate with City staff to compile all necessary attachments and ensure consistency across all elements of the application.
o Draft Written Proposal: TPA will fully draft all narrative components of the application and, when applicable, will indicate where additional input or project detail from the City could be provided during the proposal review process.
o Incorporate Feedback to Finalize Proposal: Well ahead of the application deadline, TPA will provide the City with a full draft for review and feedback. TPA will incorporate any additional details or revisions provided during this process to finalize the grant application and will obtain City approval for the final version of the application prior to submission.
o Submit Completed Application: TPA will ensure that applications are submitted prior to the deadline, whether the submission is electronic or through hard copies, in accordance with submission instructions for each individual program. For hard copy submissions, TPA will print and package applications according to submission instructions and will ship applications through a reliable carrier service such as FedEx in order to provide the City with tracking and delivery confirmation for the application.
TPA will also obtain a receipt for proof of submission and provide the City with a final copy of all submitted application documents.
o Funding Advocacy: T h r o u g h o u t t h e g r a n t a p p l i c a t i o n p r o c e s s T P A w i l l l e v e r a g e relationships with relevant officials and program officers in various state and federal funding agencies to ensure that City grant applications are aligned with the goals of the specific grant program and that the applications are well-crafted and well- positioned for funding.
o State Budget Funding Opportunities: In an effort to maximize state funding, TPA will work with the City to identify projects and other funding priorities that may be suitable for funding through the State Budget. TPA will coordinate with the City to develop supporting materials for the budget request. TPA will also work with members of the City’s state legislative delegation, along with the Assembly and Senate Budget Committees, to gain support for the inclusion of the City’s project in the final State Budget approved by the Legislature.
o Federal Earmark Opportunities: In an effort to maximize federal funding, TPA will work with the City to identify projects and other funding priorities that may be suitable for funding through the Federal Earmark process. TPA will coordinate with the City to develop supporting materials for the earmark request. TPA will also work with members of the City’s federal legislative delegation to gain support for the inclusion of the City’s project.
x Post-Grant Submittal Advocacy: TPA will frequently contact legislators and agency officials to follow up on the status of a grant application and promote its need and urgency. This will
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include drafting letters of support after grant submissions and distributing them to legislators for their consideration. In addition, TPA will work with legislators to reach out to individual granting agencies to provide background on City’s projects and convey their support for those projects.
x Post-Award Grant Administration and Compliance: TPA will also assist, as needed, with post-award administration and compliance for all grant applications submitted by TPA on behalf of the City. This assistance will include interacting with granting agencies on behalf of the City, providing support for the drafting and submission of required reports and evaluations, and other tasks related to the successful monitoring of and compliance with the program requirements.
x Post-Award Services—Above and Beyond Advocacy: TPA has a track record of success with post-award grant administration and retention. TPA has worked on behalf of clients who, due to unforeseen circumstances, have needed to request an extension of the grant performance period to accomplish project deliverables. TPA is prepared to engage in the legislative process and work with legislators to get bills passed that would allow for the City to retain its grant funding after the performance period would have otherwise ended. Additionally, TPA is prepared to work directly with the City and agencies to secure scope of work changes to already awarded projects to ensure the City will not have to return any hard-won grant funding.
x Comprehensive Follow-Up on Unsuccessful Applications: Despite all best efforts, some grant applications are not selected for funding. In those instances where grant applications are unsuccessful, TPA will work with the relevant state and federal funding agencies to set up in-person or telephone debriefing sessions to discuss the grant applications and how to best revise the grant applications for the next funding round to ensure success.
x Provide Monthly Progress Reports: TPA will confer regularly with the City on our activities.
TPA will provide timely electronic monthly reports on the status of all funding activity, such as current funding opportunities, current applications, submitted applications, and post-grant submittal advocacy. In addition to written reports, TPA will be available to the City for conference calls, in-person briefings, and meetings.
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FEE SCHEDULE
ALL-INCLUSIVE RETAINER:
DESCRIPTION OF SERVICES MONTHLY FEE
Legislative Advocacy and Grant Writing Services: 1-Year Contract $7,500* State and Federal Legislative Advocacy
x C o n d u c t D e t a i l e d O r i e n t a t i o n Included x D e v e l o p L e g i s l a t i v e S t r a t e g y Included x I m p l e m e n t t h e L e g i s l a t i v e S t r a t e g y Included x B u i l d a n d S t r e n g t h e n R e l e v a n t R e l a t i o n s h i p s Included x L e v e r a g e R e l a t i o n s h i p s f o r S t r a t e g i c A d v o c a c y P l a n Included x C o o r d i n a t e A d v o c a c y T r i p s Included x T r a c k L e g i s l a t i o n Included
x C r a f t T e s t i m o n y a n d P o s i t i o n L e t t e r s Included x D r a f t B i l l L a n g u a g e Included
x S t a t e B u d g e t F u n d i n g O p p o r t u n i t i e s Included x F e d e r a l E a r m a r k O p p o r t u n i t i e s Included x P r o v i d e P r o g r e s s R e p o r t s Included x P r e p a r e a n d F i l e L o b b y i n g D i s c l o s u r e R e p o r t s Included Grant Writing
x C r a f t S t r a t e g i c F u n d i n g P l a n Included x I d e n t i f y , R e s e a r c h , a n d M o n i t o r G r a n t F u n d i n g O p p o r t u n i t i e s Included x G r a n t A p p l i c a t i o n D e v e l o p m e n t a n d S u b m i t t a l Included x E s t a b l i s h m e n t o f C l e a r A c c o u n t a b i l i t i e s Included x P r o v i d e O v e r v i e w o f F u l l A p p l i c a t i o n s R e q u i r e m e n t s Included x A s s e m b l e P r o j e c t B a c k g r o u n d a n d D e t a i l s Included x C o o r d i n a t e T e c h n i c a l P r o j e c t D e t a i l s Included x D r a f t W r i t t e n P r o p o s a l Included
x Incorporate Feedback to Finalize Proposal Included
x S u b m i t C o m p l e t e d A p p l i c a t i o n Included x F u n d i n g A d v o c a c y Included
x P o s t - G r a n t S u b m i t t a l A d v o c a c y Included x P o s t - A w a r d G r a n t A d m i n i s t r a t i o n a n d C o m p l i a n c e Included x P o s t - A w a r d S e r v i c e s — A b o v e a n d B e y o n d A d v o c a c y Included x C o m p r e h e n s i v e F o l l o w - U p o n U n s u c c e s s f u l A p p l i c a t i o n s Included *The monthly fee includes all reasonable business and travel expenses.
TPA does NOT institute a limit on the number of funding opportunities that we will pursue on behalf of a client. For this reason, TPA recommends our monthly fee option as a more cost-effective option for the City than a per-project or hourly fee.
Proposal for Legislative Advocacy and Grant Funding Services | City of Monterey Park Page 34
FEE SCHEDULE
DESCRIPTION OF SERVICES MONTHLY FEE
Legislative Advocacy and Grant Writing Services: 3-Year Contract $7,500* State and Federal Legislative Advocacy
x C o n d u c t D e t a i l e d O r i e n t a t i o n Included x D e v e l o p L e g i s l a t i v e S t r a t e g y Included x I m p l e m e n t t h e L e g i s l a t i v e S t r a t e g y Included x B u i l d a n d S t r e n g t h e n R e l e v a n t R e l a t i o n s h i p s Included x L e v e r a g e R e l a t i o n s h i p s f o r S t r a t e g i c A d v o c a c y P l a n Included x C o o r d i n a t e A d v o c a c y T r i p s Included x T r a c k L e g i s l a t i o n Included
x C r a f t T e s t i m o n y a n d P o s i t i o n L e t t e r s Included x D r a f t B i l l L a n g u a g e Included
x S t a t e B u d g e t F u n d i n g O p p o r t u n i t i e s Included x F e d e r a l E a r m a r k O p p o r t u n i t i e s Included x P r o v i d e P r o g r e s s R e p o r t s Included x P r e p a r e a n d F i l e L o b b y i n g D i s c l o s u r e R e p o r t s Included Grant Writing
x C r a f t S t r a t e g i c F u n d i n g P l a n Included x I d e n t i f y , R e s e a r c h , a n d M o n i t o r G r a n t F u n d i n g O p p o r t u n i t i e s Included x G r a n t A p p l i c a t i o n D e v e l o p m e n t a n d S u b m i t t a l Included x E s t a b l i s h m e n t o f C l e a r A c c o u n t a b i l i t i e s Included x P r o v i d e O v e r v i e w o f F u l l A p p l i c a t i o n s R e q u i r e m e n t s Included x A s s e m b l e P r o j e c t B a c k g r o u n d a n d D e t a i l s Included x C o o r d i n a t e T e c h n i c a l P r o j e c t D e t a i l s Included x D r a f t W r i t t e n P r o p o s a l Included
x I n c o r p o r a t e F e e d b a c k t o F i n a l i z e P r o p o s a l Included x S u b m i t C o m p l e t e d A p p l i c a t i o n Included x F u n d i n g A d v o c a c y Included
x P o s t - G r a n t S u b m i t t a l A d v o c a c y Included x P o s t - A w a r d G r a n t A d m i n i s t r a t i o n a n d C o m p l i a n c e Included x P o s t - A w a r d S e r v i c e s — A b o v e a n d B e y o n d A d v o c a c y Included x C o m p r e h e n s i v e F o l l o w - U p o n U n s u c c e s s f u l A p p l i c a t i o n s Included *The monthly fee includes all reasonable business and travel expenses.
City Council Staff Report
DATE: December 20, 2023
AGENDA ITEM NO: Public Hearing - 4A
TO: T
he Honorable Mayor and City Council
FROM: Jessica Serrano, Director of Community Development SUBJECT: A p ublic hearing to consider introduction and first reading of Zone Change No. ZC-23-02 (“ZC-23-02”), an Ordinance amending the zoning map for certain properties for consistency with the General Plan, Land Use and Urban Design 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, introducing and waiving f irst reading of Ordinance No. _____ amending the zoning map for certain properties for consistency with the General Plan, Land Use and Urban Design Element; and
3. Taking such additional, related, action that may be desirable.
EXECUTIVE SUMMARY:
The City recently began efforts in the Our City, Our Plan campaign to implement the General Plan Land Use and Urban Design Element (“ GPLU”) and the Housing Element (“HE”), which sets the vision for development within the City. The General Plan is implemented through the zoning regulations located in Title 21 of the Monterey Park Municipal Code (“MPMC”). Those regulations assign a zoning district to each property in the City, as governed by the Zoning Map. This proposed zone change will harmonize the zoning designations with the GPLU for certain properties on Monterey Pass Road, Corporate Center Drive and East Mabel Avenue.
Th
e Zone Changes will only impact the future development of these properties; existing structures and businesses are allowed to remain.
BOARD/COMMISSION REVIEW:
On November 14, 2023, by a 3- 0 vote (two commissioners were not present), the Planning Commission adopted a resolution recommending City Council adopt the attached Ordinance.
Th
e Planning Commission public hearing notice, report and resolution recommending approval erroneously identified five parcels that should not have been included and are not a part of this zone change ( Assessor’s Parcel Numbers (“APNs”): 5259- 014-053;
Staff Report
December 20, 2023
5259-014-054; 5259- 014-055; 5259 -014-056; and 5259- 014-057). The erroneously identified parcels are condominiums located at 221 South New Avenue and are consistent with the GPLU . A ccordingly, these parcels have been removed from the proposed Ordinance.
TYPE OF ACTION (LEGISLATIVE; QUASI-J UDICIAL; OR ADVISORY):
Legislative: The proposed Ordinance is legislative policy action intending to harmonize zoning designations with the GPLU. In considering such actions, the City Council acts in its legislative capacity. For the proposed zone change, the City Council must find, pursuant to MPMC § 21.38.050, that the proposed zone change:
• I s consistent with the goals, policies, and objectives of the General Plan;
• W ill not adversely affect surrounding properties; and
• P romotes public health, safety, and general welfare and serves the goals and purposes of the MPMC’s zoning regulations.
These findings , including supporting facts, are further described in the attached Ordinance.
CEQA (California Environmental Quality Act):
The City reviewed the environmental impacts of the proposed Ordinance pursuant to 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”). CEQA Guideline § 15168 provides that a Program EIR may be prepared to consider the environmental impacts of a series of actions that can be characterized as one large project that are related as logical parts in a chain of contemplated actions. The proposed Ordinance is within the scope of the City’s Focused General Plan Update to the Land Use and Urban Design Element which was evaluated under a Final Environmental Impact Report (“FEIR”) (SCH No. 2001-01-1074). The FEIR adequately describes and considers the proposed Ordinance for CEQA purposes.
Accordingly, the Ordinance is not subject to further environmental review.
BACKGROUND:
The GPLU was voter approved by Measure JJ in November of 2020. The HE was approved by the City Council in November 2022, and certified by the California State Department of Housing and Community Development (“HCD”) in March 2023. As part of the work to implement the GPLU and HE, staff is proposing a series of measures that will bring consistency between the GPLU , HE, Zoning Map, and the MPMC, collectively known as Our City, Our Plan.
ANAYLSIS:
If adopted, the Ordinance will make the Zoning Map consistent with the General Plan land use designation as established in Figure LU-3, Land Use Policy Map in compliance with
Staff Report
December 20, 2023
State law (Government Code § 65860). ZC -23-02 will affect certain properties on Monterey Pass Road, Corporate Center Drive and East Mabel Avenue.
The two areas on Monterey Pass Road and Corporate Center Drive that are included in ZC-23-02 have GPLU designations of Innovation/Technology and are currently zoned Shopping Center (S -C) and Commercial Services (C -S) as shown in Figure 1. The Innovation/Technology land use designation corresponds with the Office Professional (O- P) Zone; the proposed zone of the properties is shown in Figure 1.
The general areas where the zone change will occur identified in Table 1 include: 1) the properties on the south side of Monterey Pass Road, east of its intersection with S outh Fremont Avenue; and 2) properties generally bounded on the west of Corporate Center Drive, Davidson Drive to the north, Kern Avenue and Monterey Pass Road to the east, and Floral Drive to the south, including the north and south sides of Corporate Place, as detailed in Table 1. As developed, the properties feature a mix of commercial uses, with larger professional office type buildings along Corporate Center Drive and Corporate Place, and smaller commercial uses along Monterey Pass Road, which are consistent with the proposed O-P zone.
Figure 1: Existing Zoning Map – Corporate Center Drive, Monterey Pass Road
Staff Report
December 20, 2023
Figure 2: Proposed Zoning Map – Corporate Center Drive, Monterey Pass Road
Table 1: Proposed Office-Professional Zone by APN/Address
Assessor’s
Parcel Number(s) Address(es) Existing Zoning
Designation
Proposed Zoning
Designation
Existing General
Plan Land Use
Designation
5261-003-054
1166 West
Garvey
Avenue
Commercial
Services (C-S)
Office Professional
(O-P)
Innovation/
Technology
5261-003-016;
5261-003-017;
5261-003-018;
5261-003-019;
5261-003-020
212 - 270
Monterey
Pass Road
Commercial
Services (C-S)
Office Professional
(O-P)
Innovation/
Technology
5237-024-025;
5237-024-026;
5237-024-029;
5237-024-056
2525 - 2630
Corporate
Place
Shopping Center
(S-C)
Office Professional
(O-P)
Innovation/
Technology
5237-024-065;
5237-024-066;
5237-024-067;
5237-024-068;
5237-024-055;
5237-024-071;
5237-024-072
1200 – 1600
Corporate
Center Drive
Shopping Center
(S-C)
Office Professional
(O-P)
Innovation/
Technology
Staff Report
December 20, 2023
ZC-23-02 will also affect properties on E ast Mabel Avenue, which have a GPLU designation of High Density Residential and are currently zoned Commercial Services (C- S) with a Planned Development Overlay, as shown in Figure 3. The High- Density Residential land use designation corresponds with the High Density (R-3) Zone, which is shown as the proposed zone of the properties in Figure 4.
The general area of the zone change includes properties on the south side of East Mabel Avenue, east of Orange Avenue to the terminus of East Mabel Avenue as detailed in Table 2. As developed, the properties all feature residential uses, including single and multi-family developments which will are consistent uses within the proposed R-3 zone.
Figure 3 – Existing Zoning Map – East Mabel Drive
Staff Report
December 20, 2023
Figure 4 – Proposed Zoning Map – East Mabel Drive
Table 2: Proposed High Density Residential (R-3) by APN/Address
Assessor’s
Parcel Number(s) Address(es) Existing Zoning
Designation
Proposed Zoning
Designation
Existing General
Plan Land Use
Designation
5259-013-043;
5259-013-044;
5259-013-045;
5259-013-046;
200-204
South
Orange
Avenue
Commercial
Services (C-S)
with Planned
Development
(PD) Overlay
High Density
Residential (R-3)
High Density
Residential
5259-013-047;
5259-013-048;
5259-013-049;
5259-013-050;
5259-013-051;
5259-013-054;
5259-013-055;
5259-013-056;
5259-013-089;
5259-013-090;
5259-013-091;
5259-013-092;
5259-013-093;
5259-013-094;
5259-014-025;
5259-014-026;
5259-014-027;
710-928
East Mabel
Avenue
Commercial
Services (C-S)
with Planned
Development
(PD) Overlay
High Density
Residential (R-3)
High Density
Residential
Staff Report
December 20, 2023
Assessor’s
Parcel Number(s) Address(es) Existing Zoning
Designation
Proposed Zoning
Designation
Existing General
Plan Land Use
Designation
5259-014-028;
5259-014-029;
5259-014-050;
5259-014-051;
The changes proposed as part of the ZC-23-02 are the first set of zone changes that will be part of the Our City, Our Plan campaign in order to bring consistency between the General Plan and the zoning regulations. The Zone Changes will impact only the future development of these properties; existing structures and businesses are allowed to remain.
2023-2024 STRATEGIC PLAN GOAL:
The proposed Ordinance will advance the City Council’s Economic Development and Housing goals identified in the 2023-2024 strategic plan by creating consistency between the General Plan and the zoning regulations which will provide clearly defined development standards that encourage redevelopment and attract new businesses in the affected areas.
LEGAL NOTIFICATION:
The legal notice of this hearing was published in the Monterey Park Progress and posted at City Hall, Monterey Park Bruggemeyer Library, and Langley Center on December 7, 2023, with affidavits of posting on file. The legal notice of this hearing was mailed to 382 property owners within a 300-foot radius of the affected properties on December 7, 2023.
FISCAL IMPACT:
There are no identifiable fiscal impacts associated with adopting the Ordinance itself (other than costs associated with codifying the Ordinance).
Respectfully submitted and prepared by:
Jessica Serrano
Director of Community
Development
Staff Report
December 20, 2023
Approved by:
Reviewed by:
Inez Alvarez
City Manager
Justin A. Tamayo
Deputy City Attorney
ATTACHMENTS:
1. Ordinance No. ____ amending the zoning map for certain properties for consistency with the General Plan, Land Use and Urban Design Element, with attached Exhibit “A” Proposed Zoning Maps (enlarged) and Exhibit “B” FEIR (SCH No. 2001-01-1074
2. Existing Zoning Maps (enlarged)
3. Notice of Determination
Staff Report
December 20, 2023
ATTACHMENT 1
Ordinance, with Exhibits A and B
ORDINANCE NO. _
AN ORDINANCE AMENDING THE ZONING MAP (ZC-23-02) TO CHANGE THE
ZONING FOR CERTAIN PROPERTIES FOR CONSISTENCY WITH THE
GENERAL PLAN, LAND USE AND URBAN DESIGN ELEMENT
The City Council of the City of Monterey Park does ordain as follows:
SECTION 1: The City Council finds and declares that:
A. On November 3, 2020, the voters initiated changes to the zoning designations for properties generally located on Monterey Pass Road, Corporate Center Drive, and East Mabel Avenue for consistency between the General Plan and Zoning Map when it adopted the Land Use and Urban Design Element of the General Plan;
B. This Ordinance changes the zoning designation for several properties, identified in Section 2, to conform to the adopted Land Use and Urban Design Element of the General Plan.
C. This Ordinance was reviewed by the City Planner for, in part, consistency with the G eneral Plan, and conformity with the Monterey Park Municipal Code (“MPMC”);
D. In addition, 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 California Code Regulations §§ 15000, et seq., the “CEQA Guidelines”);
E. On November 14, 2023, the Planning Commission conducted a duly noticed public hearing to assess this Ordinance, considered all oral and written evidence, and adopted Resolution 07- 23 recommending that the City Council adopt this Ordinance.
F. The City Planner completed its review and scheduled a public hearing regarding this Ordinance before the City Council for December 20, 2023;
G. Notice of the Public Hearing before the City Council was duly given and published in the time, form, and manner as required by law;
H. On December 20, 2023, the City Council held a public hearing to receive public testimony and other evidence regarding the proposed re-zoning including, without limitation, information provided to the City Council by the City Planner and public testimony;
I. The findings in this Ordinance are made based on the entire administrative record including testimony and evidence presented to the Planning Commission on November 14, 2023; the City Council at its December 20, 2023 , public hearing
ORDINANCE NO.
PAGE 2 OF 7
including, without limitation, the staff reports submitted by the City Planner.
SECTION 2: Factual Findings and Conclusions. The City Council finds as follows:
A. The proposed zone change will:
1. Change the zoning designation for the following properties to Office Professional (O-P) zone:
The properties on the south side of Monterey Pass Road, east of its intersection with S outh Fremont Avenue, currently zoned Commercial Services (C-S):
Assessor’s
Parcel
Number(s)
Address
5261-003-054 1166 W. Garvey Avenue
5261-003-016;
5261-003-017;
5261-003-018;
5261-003-019;
5261-003-020
212 - 270 Monterey Pass Road
The properties on the north and south sides of Corporate Place, bounded by Davidson Drive to the north, Kern Avenue and Monterey Pass Road to the east, Floral Drive to the south, and Corporate Center Drive to the west, currently zoned Shopping Center (S-C):
Assessor’s
Parcel
Number(s)
Address
5237-024-025;
5237-024-026;
5237-024-029;
5237-024-056
2525 - 2630 Corporate Place
5237-024-065;
5237-024-066;
5237-024-067;
5237-024-068;
5237-024-055;
5237-024-071;
5237-024-072
1200 – 1600 Corporate Center
Drive
2. Change the zoning designation for the following properties to High Density Residential (R-3) zone:
ORDINANCE NO.
PAGE 3 OF 7
The properties on the south side of E ast Mabel Avenue, east of Orange Avenue to the terminus of E ast Mabel Avenue, currently zoned C -S with a Planned Development (PD) Overlay:
Assessor’s Parcel
Number(s) Address
5259-013-043;
5259-013-044;
5259-013-045;
5259-013-046;
200-204
South Orange Avenue
5259-013-047;
5259-013-048;
5259-013-049;
5259-013-050;
5259-013-051;
5259-013-054;
5259-013-055;
5259-013-056;
5259-013-089;
5259-013-090;
5259-013-091;
5259-013-092;
5259-013-093;
5259-013-094;
5259-014-025;
5259-014-026;
5259-014-027;
5259-014-028;
5259-014-029;
5259-014-050;
5259-014-051;
710-928
East Mabel Avenue
B. Resolution No.12213 certified the results of the voter approved proposition to revise the Monterey Park 2040 Land Use Element Proposition (Measure JJ).
C. Ordinance No. 2198 approved Measure JJ, which was approved by a vote of the people on November 3, 2020 to revise the Monterey Park 2040 Land Use and Urban Design Element.
D. Figure LU-3: Land Use Policy Map was adopted as part of the Monterey Park 2040 Land Use Element by the City Council and a vote of the people.
SECTION 3: Environmental Assessment . The City Council reviewed the environmental impacts of this proposed Ordinance pursuant to 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”). CEQA
ORDINANCE NO.
PAGE 4 OF 7
Guidelines § 15168 provides that a Program EIR may be prepared to consider the environmental impacts of a series of actions that can b e characterized as one large project that are related as logical parts in a chain of contemplated actions. The City Council finds as follows:
A. On December 5, 2019, the City Council adopted Resolution No. 12126 approving a Focused General Plan update to the City’s Land Use and Urban Design Element (“GPLU”) and Final Environmental Impact Report (“ FEIR”) (SCH No. 2001 -01- 1074).
B. The FEIR is a Program EIR that evaluated the environmental impacts resulting from the GPLU implementation which is attached as Exhibit B and incorporated by reference.
C. Changing the zoning designation for those properties within the Innovation/ Technology GPLU designation is an activity contemplated by the GPLU and analyzed under the FEIR.
D. Changing the zoning designation for those properties within the High Density GPLU designation is an activity contemplated by the GPLU and analyzed under the FEIR.
E. This zone change does not contemplate any changes which will require major revisions to the FEIR nor are there any substantial changes with respect to the circumstances under which the FEIR was undertaken.
F. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the FEIR was certified showing: (1) the zone change will have one or more significant effects not discussed in the FEIR; (2) significant effects previously examined will be substantially more severe than shown in the FEIR; (3) mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project; or (4) mitigation measures or alternatives which are considerably different from those analyzed in the FEIR would substantially reduce one or more significant effects on the environment.
SECTION
4: Zone Change Findings. Pursuant to MPMC §§ 21.38.050 and 21.42.010, the City Council finds as follows:
A. The zone change is consistent with the goals, policies and objectives of the General Plan and will create consistency between the General Plan Land Use designations and zone designations on the Zoning Map. The zone change affects areas that have a voter approved Land Use designation that implements the Monterey Park Land Use and Urban Design Element (Measure JJ). The correlations between the proposed zone changes and General Plan Land Use designations exist as follows:
ORDINANCE NO.
PAGE 5 OF 7
(1) The Monterey Park Land Use and Urban Design Element identifies Innovation/Technology designation as an area for primary uses related to research and development, light manufacturing, service commercials, professional offices, entertainment, and breweries/wineries/distilleries. The Monterey Park Land Use and Urban Design Element also identi fies retail and service commercial uses as support services within the Innovation/Technology designation.
(2) Monterey Park Land Use and Urban Design Element Policy 24.1 seeks to ensure that zoning regulations applicable to the Monterey Pass Road corridor permit the range of uses necessary to achieve land use goals and prohibit uses that conflict with those goals.
(3) The S-C – Shopping Center zone provides for the development of shopping and business centers that serve as major retail attraction for the broader community.
(4) The O -P – Office Professional zone provides for the development of integrated professional, office and limited retail areas that exhibit a diversity of business activity.
(5) The Monterey Park Land Use and Urban Design Element identifies High Density designation as an area for primary uses that include attached or detached residential units, with private common open space, at densities ranging from 16.1 to 30 units per acre.
(6) The C -S – Commercial Services zone provides for the development of commercial areas that promote retail and provide transition areas between the City and neighboring communities.
(7) The R-3 – High Density Residential zone provides high density res idential housing either attached or detached multiple-family units at a density of 25 units per acre.
B. The zone change will not adversely affect surrounding properties, as the types of uses currently developed at the properties will conform with the proposed zoning designations of their respective areas.
C. The proposed zone change promotes public health, safety, and general welfare and serves the goals and purposes of the MPMC’s zoning regulations since it will harmonize the zoning designations with the General Plan for certain properties on Monterey Pass Road, Corporate Center Drive and East Mabel Avenue.
Additionally, no development or construction is proposed as part of this zone change.
ORDINANCE NO.
PAGE 6 OF 7
SECTION 5: Notice of Determination. The Director of Community Development, or designee, is directed to file a Notice of Exemption in accordance with CEQA §§ 15094, and any other applicable law.
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: A
mendment. The City Council, based upon the evidence and staff report received at the public hearing adopts this Ordinance to amend the Zoning Map set forth in attached Exhibit “A,” which are incorporated by reference.
SECTION 8
: 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 9: E
nforceability. Repeal of any provision of the Monterey Park Municipal Code does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.
SECTION 10: R
eliance on Record. Each and every one of the findings and determinations in this Ordinance are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the matter. The determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole.
SECTION 11: Li
mitations. 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 limitati ons on analysis of the project is the City Council’s lack of knowledge of future events. In all instances, best efforts were made to form accurate assumptions. Somewhat related to this are the limitations on the City's ability to solve what are in effect regional, state, and national problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework.
SECTION 12:
Severability. If any part of this Ordinance or its Application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable.
ORDINANCE NO.
PAGE 7 OF 7
SECTION 13: El ectronic 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 14: Publications. 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 15: Effective Date. This Ordinance become s effective on the 30th day after second reading and adoption.
PASSED AND ADOPTED this ____ day of _________, 2023.
______
______________________
Jose Sanchez, Mayor
ATTEST:
______
__________________________
Maychelle Yee, City Clerk
APPR
OVED AS TO FORM:
Karl H. Berger, City Attorney
______
__________________________
Justin A. Tamayo,
Deputy City Attorney
Ex
hibit “A:” Proposed Zoning Maps
Exhibit “B:” FEIR (SCH No. 2001-01-1074)
Davidson Dr
Corporate Pl
1-----------------------Floral·0r--------t
East Los Angeles County abel Ave
Zone Change 23-02
Proposed Zoning Map
Zoning Legend
D Office Professional (0- Neighborhood Shopping Commercial/Professional Garlield Village - P) (N-S) (C-P) Neighbortiood Shopping
Zoning Shopping Center (S-C) Open Space (0-S) (GVC-N)
Single-Family Central Business Office Professional (0- City Boundaries Residential (R-1) Commercial (C-B) P} c:J Monterey Park Medium-Multiple Regional Specialty Garlield VIiiage - L--J Sphere of Inftuence Center (R-S) Commercial Services Residential (R-2) (GVC-S) Commercial Services (C-High-Density Residential S) (R-3) 0 w Mabel Ave
N
+
0.01 0.03 0.06 Miles
I
Exhibit "A"
Edgley Dr
Vl
0 o.1
::,
IC
<1)
)>
<
<1)
Vl
r---, High Density Residential
L......J IR-3)
Zoning
Single-Family Residential
(R-1)
Medium-Multiple
Residential (R-2)
E Garvey Ave
E Mabel Ave
,._/
�
E Newmark Ave
High-Density Residential
(R-3)
Neighborhood Shopping
(N·S)
Shopping Center (S-<:)
Central Business
Commercial (C-8)
Regional Specialty Center
(R-S)
Zone Change 23-02
Proposed Zoning Map
Zoning Legend
Commercial Services (C-S)
Commercial/Professional
(C·P)
Open Space (0-S)
Office Professional (0-P)
Gameld VIiiage •
Commercial Services
(GVC•S)
Garfield Vi lage -
Neighborhood Shopping
(GVC·N)
Overlay
ITI] Mccaslin E!uslness Park
(0-P Voter Enacted)
CJ PIQnned Development (P
D)
C::J Senior Citizen Housing {S-
C-H)
City Boundaries
c:::J Monterey Park
C: 1 Sphere of lnfh.ience
N
+
0 0.02 0.03
-c
ro
QJ
E
QJ
Vl
0 a::
Newmar
0.06 Miles
I
Exhibit "A"
Staff Report
December 20, 2023
Exhibit "B"
FEIR (SCH No. 2001-01-1074) is available at the
City Clerk's Office and online at the following
website:
https://www.montereypark.ca.gov/DocumentCenter/
View/9942/Monterey-Park-Focused-GPU-FEIR
Staff Report
December 20, 2023
ATTACHMENT 2
Existing Zoning Maps
Davidson Dr
Corporate Pl
1-----------------------Floral·0r--------t
East Los Angeles County abel Ave
- Commercial Services (C
S)
c:::::J Shopping Center (S-C)
Zoning
Single-Family
Residential (R-1)
Medium-Multiple
Residential (R-2)
Zone Change 23-02
Ex
isiting Zoning Map
Zoning Legend
High-Density Residential
(R-3)
Neighborhood Shopping
(N-S)
Shopping Center (S-C)
Central Business
Commercial (C-B)
Regional Specialty
Center (R-S)
Commercial Services (C
S)
Commercial/Professional
(C-P)
Open Space (0-5)
Office Professional (O
P)
Garlield VIiiage -
Commercial Services
(GVC-S)
Garlield Village
Neighborhood Shopping
(GVC-N)
City Boundaries
c:J Monterey Park
L-
-J Sphere of InHuence
0 w Mabel Ave
N
+
0.01 0.03 0.06 Miles
I
Edgley Dr
Vl
0 o.1
::,
IC
<1)
)>
<
<1)
Vl
� Commercial Services (C-S)
Zoning
Single-Family Residential
(R·l)
Medium-Multiple
Re,idential (R·2)
High-Density Residential
(R-3)
E Garvey Ave
E Mabel Ave
E Newmark Ave
Neighborhood Shopping
(N-S)
Shopping Center (S--C)
Central Business
Commercial (C·B)
Regional Specialty Center
(R-S)
Commercial Services (C-S)
Zone Change 23-02
Ex
isting Zoning Map
Zoning Legend
Commercial/Professional
(C-P)
Open Space (0-S)
Office Professional (0-P)
Garfield VIiiage •
Commercial Services
(GVC-S)
Garfield Vi lage -
Neighborhood Shopping
(GVC-N)
Overlay
ITI] Mccaslin E!uslness Park
(0-P Voter Enacted)
CJ Planned Development (P
D)
0 C::J Senior Citizen Housing {S-
C-H)
City Boundaries
c:::J Monterey Park
C: 1 Sphere of lnfh.ience
N
+
0.02 0.03
-c
ro
QJ
E
QJ
Vl
0 a::
Newmar
0.06 Miles
I
Staff Report
December 20, 2023
ATTACHMENT 3
Notice of Determination
were not]
was not]
_________________________________________
___________________________________________________________________________________ Notice of Determination
To:
Office of Planning and Research
U.S. Mail:
P.O. Box 3044
Sacramento, CA 95812-3044
Street Address:
1400 Tenth St., Rm 113
Sacramento, CA 95814
County Clerk
County of: _________________________________
Address: __________________________________
From:
Public Agency: ___________________________
Address: ________________________________
_______________________________________
Contact: ___________________________
Phone: __________________________________
Lead Agency (if different from above):
_______________________________________
Address: ________________________________
_______________________________________
Contact: _________________________________
Phone: __________________________________
SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code.
State Clearinghouse Number (if submitted to State Clearinghouse):______________________________ Project Title: _________________________________________________________________________ This is to advise that the ____________________________________________ has approved the above ( Lead Agency or Responsible Agency)
described project on _______________ and has made the following determinations regarding the above (date)described project.
1. The project [ will will not] have a significant effect on the environment.
2. An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA.
A Negative Declaration was prepared for this project pursuant to the provisions of CEQA.
3. Mitigation measures [ were made a condition of the approval of the project.
4. A mitigation reporting or monitoring plan [ was was not] adopted for this project.
5. A statement of Overriding Considerations [ was adopted for this project.
6. Findings [ were were not] made pursuant to the provisions of CEQA.
This is to certify that the final EIR with comments and responses and record of project approval, or the negative Declaration, is available to the General Public at:
Signature (Public Agency): _____________________________ Title: ____________________________ Date: _______________________________ Date Received for filing at OPR: ____________________ Authority cited: Sections 21083, Public Resources Code.
Reference Section 21000-21174, Public Resources Code. Revised 2011 ■
12400 Imperial Highway
Norwalk, CA 90650
Project Description:
The Project consists of Zone Changes
to selected properties on Monterey Pass Road, Corporate Center Drive, and East Mabel Avenue and proposed the Zone Change Ordinance is within the scope of the City’s Focused General Plan Update
to the Land Use and Urban Design Element which was evaluated under a Final Environmental Impact Report (“FEIR”) (SCH No. 2001-01-1074). The FEIR adequately describ
es and considers the proposed Ordinance for CEQA purposes. ■
City of Monterey Park
320 West Newmark Avenue
Monterey Park, CA 91754
Beth Chow, Interim Planning Manager
626-307-1318
Los Angeles
ZONE CHANGE NO. 23-02 (ZC-23-02 )
2001011074
• 1166 W. Garvey Avenue, Assessor's Parcel Number (APN) 5261-003-054; • 212 - 270 Monterey Pass Road, APNs 5261-003-016, 017, 018, 019, 020; • 2525 - 2630 Corporate Place, APNs 5237-024-025, 026, 029, 056; • 1200 – 1600 Corporate Center Drive, APNs 5237-024-065, 066, 067, 068, 055, 071, 072; • 200-204 S. Orange Avenue, APNs 5259-013-043, 044, 045, 046; and • 710-928 E. Mabel Avenue, APNs 5259-013-047, 048, 049, 050, 051, 054, 055, 056, 089, 090, 091, 092, 093, 094 and APNs 5259-014-025, 026, 027, 028, 029, 050, 051 Project Applicant: City of Monterey Park_____________________________________________________________________ Project Location (include c
ounty): City of Monterey Park, Los Angeles
City of Monterey Park
City of Monterey Park 320 West Newmark Abenue Montere y Park, CA 91754 Interim Planning Manager
4853-9695-8097 v3
City Council Staff Report
DATE: December 20, 2023
AGENDA ITEM NO: Public Hearing - 4B
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council
Jessica Serrano, Director of Community Development
A public hearing to consider possible action regarding Zoning Code Amendment No. 23-05 (ZCA-23-05) to comply with California law regarding medical cannabis delivery retailers
RECOMMENDATION:
It is recommended that the City Council consider:
1. Opening a public hearing and taking testimonial and documentary evidence;
2. After receiving verbal and written testimony, close the public hearing;
3. After discussing the evidence , adopt Urgency Ordinance No. _____ amending Monterey Park Municipal Code (“MPMC”) Chapter 6.35 (Commercial Cannabis Activities) and adding Chapters 6.36 (Medical Cannabis Delivery) and 21.27 (Cannabis-Related Uses); and
4. Introduce and waive first reading of an Ordinance amending MPMC Chapter 6.35 (Commercial Cannabis Activities ) and adding Chapters 6.36 (Medical Cannabis Delivery) and 21.27 (Cannabis-Related Uses) . Second reading and adoption would occur on January 17, 2024; and
5. Take such additional, related, action that may be desirable.
CEQA (California Environmental Quality Act):
The City reviewed the environmental impacts of this proposed Ordinance pursuant to 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”). No additional environmental review is required for this Ordinance pursuant to CEQA Guidelines § 15060(c)(2), § 15378(b)(5) § 15301 § 15303 and § 15061(b)(3). The proposed Ordinance is exempt from CEQA because it is a zonin g text amendment which permits delivery of medical cannabis in the City’s commercial zone, which will not have a direct or reasonably foreseeable indirect physical change in the environment and does not qualify as a “project” under CEQA because it will not make physical changes to the environment. The proposed Ordinance is also exempt pursuant
Staff Report
December 20, 2023
4853-9695-8097 v3
to CEQA Guidelines § 15301 and 15303 for activities that involve negligible or no expansion of use for existing facilities and for the conversion of existing small st ructure for another use. Finally, the proposed Ordinance is exempt from CEQA under the common sense exemption that it will not affect the environment.
The notice of exemption prepared for this project is contained in Attachment 4.
BOARD/COMMISSION REVIEW:
The Planning Commission, at its November 30, 2023 meeting reviewed the proposed ordinances. With a 3-0 vote, the Commission recommended to Council to adopt the draft Ordinance amending the City’s regulations governing regarding medical cannabis delivery retailers.
EXECUTIVE SUMMARY:
The California Legislature adopted Senate Bill 1886 (“SB 1186”) in 2022 which precludes cities from imposing regulations that have the effect of prohibiting medical cannabis delivery within the City and becomes effective on January 1, 2024. SB 1186 declares that any City regulation that does not allow a physical premises from which retail sale by delivery of medical cannabis may be conducted within the City has the effect of prohibiting medical cannabis delivery. Accordingly, the proposed ordinance will con ditionally allow non-store front locations for the sale by delivery of medical cannabis in the Commercial Services Zone and impose reasonable regulations.
BACKGROUND:
SB 1186 (2022) is intended to increase access to medical cannabis. The California Legislature stated that access to medical cannabis has been adversely impacted by the Medicinal and Adult Use Cannabis Regulation and Safety Act, which gave cities the ability to ban all cannabis activity, including medical cannabis.
The MPMC currently prohibi ts all commercial cannabis facilities, including medical cannabis. MPMC § 6.35.030 prohibits all “commercial cannabis activity” within the City. “Commercial cannabis activity” is defined as the “cultivation, possession, manufacture, processing, storing, la boratory testing, labeling, transporting, distribution, or sale of cannabis or a cannabis product.” MPMP § 6.35.040 defines a cannabis “facility” to include “medical marijuana collective[s].” Medical marijuana dispensaries are also prohibited in residential zones by MPMPC § 21.08.030.
ANALYSIS
Pursuant to SB 1186, a City may not impose regulation of any of the following type that has the effect of prohibiting the retail sale by delivery of medical cannabis:
Staff Report
December 20, 2023
4853-9695-8097 v3
1. The number of medical cannabis businesses authorized to deliver medical cannabis in the local jurisdiction.
2. The operating hours of medical cannabis businesses.
3. The number or frequency of sales by delivery of medical cannabis.
4. The types or quantities of medical cannabis authorized to be sold by delivery.
5. The establishment of physical premises from which retail sale by delivery of medical cannabis within the jurisdiction is conducted by a licensed non-storefront retailer.
However, SB 1186 allows the City to impose reasonable regulations on the retail sale by delivery of medical cannabis through the City’s police powers. Therefore, the City can adopt or enforce reasonable regulations on the non -storefront retail delivery of medical cannabis related to:
1. Zoning requirements.
2. Security or public health and safety requirements.
3. Licensing requirements.
4. Imposing or collecting applicable state or local taxes on retail sales of medical cannabis occurring within the City.
5. Regulations consistent with requirements or restrictions imposed on cannabis businesses by California law or regulations promulgated by the Department of Cannabis Control.
The proposed Ordinances will ensure that the MPMC is compliant with California law concerning medical cannabis effective on January 1, 2024, by:
1. Repealing MPMC § 9.102 (Medical Marijuana) which referenced a non- existent section of the MPMC;
2. Amending MPMC § 6.35.030 (Prohibition) to add a clause stating that all commercial cannabis activity is prohibited “without the permits required by this code”;
3. Adding a new Chapter 6.36 to the MPMC (Medical Cannabis Delivery) which imposes operational standards on physical premises from which retail sale by delivery of medical cannabis is conducted;
Staff Report
December 20, 2023
4853-9695-8097 v3
4. Adding MPMC § 21.02.015 (Consistency with State and Federal Law) to clarify that “no new use is permitted unless permitted by both State and Federal law”;
5. Repealing MPMC § 21.04.557 (Marijuana) which defined marijuana;
6. Repealing MPMC § 21.04.571 (Medical Marijuana Dispensary) which defined “medical marijuana dispensaries”; and
7. Adding Chapter 21.27 (Cannabis-Related Uses) to the MPMC to establish land use restrictions for where delivery-only medical cannabis retailers are permitted in the Commercial Services Zone with a conditional use permit.
Overall, the proposed Ordinances, if adopted, help to achieve goals and objectives set by City Council and the Housing Element, and is consistent with California law.
In order for the City to ensure compliance with SB 1186 – which takes effect January 1, 2024 – one of the recommendations is for the City Council to adopt an urgency ordinance (upon 4/5 vote) that would take effect immediately. Additionally, the City Council would introduce a regular ordinance; adoption would be scheduled for the regular January 17, 2024 City Council meeting.
FISCAL IMPACT:
There are no identifiable fiscal impacts associated with adopting the Ordinance s (other than administrative costs associated with codifying the Ordinance).
Respectfully submitted by: Prepared by:
Jessica Serrano
Director of Community
Development
Ephraim S. Margolin
Deputy City Attorney
Approved by: Reviewed by:
Inez Alvarez
City Manager
Karl H. Berger
City Attorney
ATTACHMENTS:
1. SB 1186 Legislative Text
2. Planning Commission Resolution No. 08-23
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December 20, 2023
4853-9695-8097 v3
3. Urgency Ordinance No. _____ amending Section 6.35 (Commercial Cannabis Activities) of the Monterey Park Municipal Code and adding Chapters 6.36 (Medical Cannabis Delivery) and 21.27 (Cannabis-Related Uses)
4. Ordinance No. _____ amending Section 6.35 (Commercial Cannabis Activities) of the Monterey Park Municipal Code and adding Chapters 6.36 (Medical Cannabis Delivery) and 21.27 (Cannabis-Related Uses)
5. Notice of Exemption
Staff Report
December 20, 2023
AT
TACHMENT 1
SB 1186 Legislative Text
11/17/23, 1:09 PM Bill Text - SB-1186 Medicinal Cannabis Patients’ Right of Access Act. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB1186 1/7 SHARE THIS:
Date Published: 09/20/2022 02:00 PM
SB-1186 Medicinal Cannabis Patients’ Right of Access Act. (2021-2022) Senate Bill No. 1186
CHAPTER 395
An act to amend Section 26200 of, and to add Chapter 26 (commencing with Section 26320) to Division 10 of, the Business and Professions Code, relating to cannabis. [ Approved by Governor September 18, 2022. Filed with Secretary of State September 18, 2022. ]
LEGISLATIVE COUNSEL'S DIGEST
SB 1186, Wiener. Medicinal Cannabis Patients’ Right of Access Act.
Existing law, the Compassionate Use Act of 1996, an initiative measure enacted by Proposition 215 at the November 6, 1996, statewide general election, declares that its purpose is, among other things, to ensure that seriously ill Californians have the right to obtain and use marijuana for medical purposes, as specified, and exempts from state criminal liability certain patients and their primary caregivers who possess or cultivate marijuana for the personal medical purposes of the patient. Existing law, known as the Medical Marijuana Program, establishes a voluntary registration program for qualified medicinal cannabis patients and their primary caregivers through a statewide identification card system maintained by the State Department of Public Health and sets forth guidelines for the possession of medicinal cannabis.
The Control, Regulate and Tax Adult-Use of Marijuana Act of 2016 (AUMA), an initiative measure approved as Proposition 64 at the November 8, 2016, statewide general election, established a comprehensive system to legalize, control, and regulate the cultivation, processing, manufacture, distribution, testing, and sale of nonmedical marijuana. AUMA reserved to a local jurisdiction specified powers regarding commercial adult-use cannabis activity, including adopting and enforcing local ordinances regulating commercial adult-use cannabis activity. Existing law, the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), among other things, consolidates the licensure and regulation of commercial medicinal and adult-use cannabis activities, including the retail sale of medicinal cannabis.
This bill would enact the Medicinal Cannabis Patients’ Right of Access Act, which, on and after January 1, 2024, would prohibit a local jurisdiction from adopting or enforcing any regulation that prohibits the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by medicinal cannabis businesses, as defined, or that has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers in a timely and readily accessible manner and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction, as specified. The bill, on and after January 1, 2024, would provide that the act may be enforced by an action for writ of mandate brought by a medicinal cannabis patient or their primary caregiver, a medicinal cannabis business, the Attorney General, or any other party otherwise authorized by law.
Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites
11/17/23, 1:09 PM Bill Text - SB-1186 Medicinal Cannabis Patients’ Right of Access Act. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB1186 2/7 This bill would incorporate additional changes to Section 26200 of the Business and Professions Code proposed by AB 2210 to be operative only if this bill and AB 2210 are enacted and this bill is enacted last.
To the extent this bill would impose additional duties on local jurisdictions, the bill would impose a state- mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: majority
Appropriation: no Fiscal Committee: yes Local Program: yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 26200 of the Business and Professions Code is amended to read:
26200. (a) (1) Except as set forth in the Medicinal Cannabis Patients’ Right of Access Act (Chapter 26 (commencing with Section 26320)), this division shall not be interpreted to supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances to regulate businesses licensed under this division, including, but not limited to, local zoning and land use requirements, business license requirements, and requirements related to reducing exposure to secondhand smoke, or to completely prohibit the establishment or operation of one or more types of businesses licensed under this division within the local jurisdiction. (2) Except as set forth in the Medicinal Cannabis Patients’ Right of Access Act (Chapter 26 (commencing with Section 26320)), this division shall not be interpreted to supersede or limit existing local authority for law enforcement activity, enforcement of local zoning requirements or local ordinances, or enforcement of local license, permit, or other authorization requirements.
(b) This division shall not be interpreted to require the department to undertake local law enforcement responsibilities, enforce local zoning requirements, or enforce local licensing, permitting, or other authorization requirements.
(c) A local jurisdiction shall notify the department upon revocation of any local license, permit, or authorization for a licensee to engage in commercial cannabis activity within the local jurisdiction. Within 60 days of being so informed, the department shall begin the process to determine whether a license issued to the licensee should be suspended or revoked pursuant to Chapter 3 (commencing with Section 26030). (d) For facilities issued a state license that are located within the incorporated area of a city, the city shall have full power and authority to enforce this division and the regulations promulgated by the department, if delegated by the state. Notwithstanding Sections 101375, 101400, and 101405 of the Health and Safety Code or any contract entered into pursuant thereto, or any other law, the city shall assume complete responsibility for any regulatory function pursuant to this division within the city limits that would otherwise be performed by the county or any county officer or employee, including a county health officer, without liability, cost, or expense to the county.
(e) (1) This division does not prohibit the issuance of a state temporary event license to a licensee authorizing onsite cannabis sales to, and consumption by, persons 21 years of age or older at a county fair event, district agricultural association event, or at another venue expressly approved by a local jurisdiction for the purpose of holding temporary events of this nature, provided that the activities, at a minimum, comply with all the following:
(A) The requirements of paragraphs (1) to (3), inclusive, of subdivision (g). (B) All participants who are engaged in the onsite retail sale of cannabis or cannabis products at the event are licensed under this division to engage in that activity. (C) The activities are otherwise consistent with regulations promulgated and adopted by the department governing state temporary event licenses.
(D) A state temporary event license shall only be issued in local jurisdictions that authorize such events.
11/17/23, 1:09 PM Bill Text - SB-1186 Medicinal Cannabis Patients’ Right of Access Act. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB1186 3/7 (E) A licensee who submits an application for a state temporary event license shall, 60 days before the event, provide to the department a list of all licensees that will be providing onsite sales of cannabis or cannabis products at the event. If any changes occur in that list, the licensee shall provide the department with a final updated list to reflect those changes. A person shall not engage in the onsite retail sale of cannabis or cannabis products, or in any way participate in the event, who is not included in the list, including any updates, provided to the department.
(2) The department may impose a civil penalty on any person who violates this subdivision, or any regulations adopted by the department governing state temporary event licenses, in an amount up to three times the amount of the license fee for each violation, consistent with Sections 26018 and 26038. (3) The department may require the event and all participants to cease operations without delay if in the opinion of the department or local law enforcement it is necessary to protect the immediate public health and safety of the people of the state. The department may also require the event organizer to immediately expel from the event any participant selling cannabis or cannabis products without a license from the department that authorizes the participant to sell cannabis or cannabis products. If the unlicensed participant does not leave the event, the department may require the event and all participants to cease operations immediately. (4) The order by the department for the event to cease operations pursuant to paragraph (3) does not entitle the event organizer or any participant in the event to a hearing or an appeal of the decision. Chapter 3 (commencing with Section 490) of Division 1.5 and Chapter 4 (commencing with Section 26040) of this division shall not apply to the order by the department for the event to cease operations pursuant to paragraph (3).
(5) The smoking of cannabis or cannabis products at temporary events authorized pursuant to this subdivision is prohibited in locations where smoking is prohibited. For purposes of this section, “smoking” has the same meaning as defined in subdivision (c) of Section 22950.5. (f) This division, or any regulations promulgated thereunder, shall not be deemed to limit the authority or remedies of a city, county, or city and county under any provision of law, including, but not limited to, Section 7 of Article XI of the California Constitution.
(g) Notwithstanding paragraph (1) of subdivision (a) of Section 11362.3 of the Health and Safety Code, a local jurisdiction may allow for the smoking, vaporizing, and ingesting of cannabis or cannabis products on the premises of a retailer or microbusiness licensed under this division if all of the following are met:
(1) Access to the area where cannabis consumption is allowed is restricted to persons 21 years of age or older. (2) Cannabis consumption is not visible from any public place or nonage-restricted area. (3) Sale or consumption of alcohol or tobacco is not allowed on the premises. (h) This division shall not be interpreted to supersede Section 6404.5 of the Labor Code.
SEC. 1.5. Section 26200 of the Business and Professions Code is amended to read:
26200. (a) (1) Except as set forth in the Medicinal Cannabis Patients’ Right of Access Act (Chapter 26 (commencing with Section 26320)), this division shall not be interpreted to supersede or limit the authority of a local jurisdiction to adopt and enforce local ordinances to regulate businesses licensed under this division, including, but not limited to, local zoning and land use requirements, business license requirements, and requirements related to reducing exposure to secondhand smoke, or to completely prohibit the establishment or operation of one or more types of businesses licensed under this division within the local jurisdiction. (2) Except as set forth in the Medicinal Cannabis Patients’ Right of Access Act (Chapter 26 (commencing with Section 26320)), this division shall not be interpreted to supersede or limit existing local authority for law enforcement activity, enforcement of local zoning requirements or local ordinances, or enforcement of local license, permit, or other authorization requirements.
(b) This division shall not be interpreted to require the department to undertake local law enforcement responsibilities, enforce local zoning requirements, or enforce local licensing, permitting, or other authorization requirements.
(c) A local jurisdiction shall notify the department upon revocation of any local license, permit, or authorization for a licensee to engage in commercial cannabis activity within the local jurisdiction. Within 60 days of being so
11/17/23, 1:09 PM Bill Text - SB-1186 Medicinal Cannabis Patients’ Right of Access Act. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB1186 4/7 informed, the department shall begin the process to determine whether a license issued to the licensee should be suspended or revoked pursuant to Chapter 3 (commencing with Section 26030). (d) For facilities issued a state license that are located within the incorporated area of a city, the city shall have full power and authority to enforce this division and the regulations promulgated by the department, if delegated by the state. Notwithstanding Sections 101375, 101400, and 101405 of the Health and Safety Code or any contract entered into pursuant thereto, or any other law, the city shall assume complete responsibility for any regulatory function pursuant to this division within the city limits that would otherwise be performed by the county or any county officer or employee, including a county health officer, without liability, cost, or expense to the county.
(e) (1) This division does not prohibit the issuance of a state temporary event license to a licensee authorizing onsite cannabis sales to, and consumption by, persons 21 years of age or older at a county fair event, district agricultural association event, or at another venue expressly approved by a local jurisdiction for the purpose of holding temporary events of this nature, provided that the activities, at a minimum, comply with all the following:
(A) The requirements of paragraphs (1) to (3), inclusive, of subdivision (g). (B) All participants who are engaged in the onsite retail sale of cannabis or cannabis products at the event are licensed under this division to engage in that activity. (C) The activities are otherwise consistent with regulations promulgated and adopted by the department governing state temporary event licenses, except as otherwise provided in paragraphs (6), (7), and (8). (D) A state temporary event license shall only be issued in local jurisdictions that authorize such events. (E) A licensee who submits an application for a state temporary event license shall, 60 days before the event, provide to the department a list of all licensees that will be providing onsite sales of cannabis or cannabis products at the event. If any changes occur in that list, the licensee shall provide the department with a final updated list to reflect those changes. A person shall not engage in the onsite retail sale of cannabis or cannabis products, or in any way participate in the event, who is not included in the list, including any updates, provided to the department.
(2) The department may impose a civil penalty on any person who violates this subdivision, or any regulations adopted by the department governing state temporary event licenses, in an amount up to three times the amount of the license fee for each violation, consistent with Sections 26018 and 26038. (3) The department may require the event and all participants to cease operations without delay if in the opinion of the department or local law enforcement it is necessary to protect the immediate public health and safety of the people of the state. The department may also require the event organizer to immediately expel from the event any participant selling cannabis or cannabis products without a license from the department that authorizes the participant to sell cannabis or cannabis products. If the unlicensed participant does not leave the event, the department may require the event and all participants to cease operations immediately. (4) The order by the department for the event to cease operations pursuant to paragraph (3) does not entitle the event organizer or any participant in the event to a hearing or an appeal of the decision. Chapter 3 (commencing with Section 490) of Division 1.5 and Chapter 4 (commencing with Section 26040) of this division shall not apply to the order by the department for the event to cease operations pursuant to paragraph (3).
(5) The smoking of cannabis or cannabis products at temporary events authorized pursuant to this subdivision is prohibited in locations where smoking is prohibited. For purposes of this section, “smoking” has the same meaning as defined in subdivision (c) of Section 22950.5. (6) (A) All licensees who are issued a state temporary event license allowed pursuant to this subdivision may, upon completion or cessation of the temporary event, reconcile unsold inventory of cannabis or cannabis products and return it to the licensee’s retail premises. (B) All unsold inventory of cannabis or cannabis products from the temporary event shall be noted in track and trace prior to transport.
(C) All unsold inventory of cannabis or cannabis products from the temporary event shall be in its original packaging in which it was placed pursuant to Chapter 12 (commencing with Section 26120).
11/17/23, 1:09 PM Bill Text - SB-1186 Medicinal Cannabis Patients’ Right of Access Act. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB1186 5/7 (7) The inventory of cannabis or cannabis products authorized to be sold by a state temporary event license pursuant to this subdivision shall only be transported to and from the temporary event by a licensed distributor or licensed microbusiness.
(8) The department shall not deny an application for a state temporary event license pursuant to this subdivision solely on the basis that there is a license issued pursuant to the Alcoholic Beverage Control Act (Division 9 (commencing with Section 23000)) for the proposed premises of the event. Furthermore, the Department of Alcoholic Beverage Control shall not take any disciplinary action against a person licensed pursuant to the Alcoholic Beverage Control Act on the basis of a state temporary event license issued by the department to a licensee pursuant to this subdivision that utilizes the same premises as the person licensed pursuant to the Alcoholic Beverage Control Act.
(A) All on- and off-sale privileges of alcoholic beverages at the venue shall be suspended for the day of the event and shall not resume until 6 a.m. on the day after the event has ended. (B) Alcohol consumption on the venue premises shall be strictly prohibited for the day of the event and shall not resume until 6 a.m. on the day after the event has ended. (f) This division, or any regulations promulgated thereunder, shall not be deemed to limit the authority or remedies of a city, county, or city and county under any provision of law, including, but not limited to, Section 7 of Article XI of the California Constitution.
(g) Notwithstanding paragraph (1) of subdivision (a) of Section 11362.3 of the Health and Safety Code, a local jurisdiction may allow for the smoking, vaporizing, and ingesting of cannabis or cannabis products on the premises of a retailer or microbusiness licensed under this division if all of the following are met:
(1) Access to the area where cannabis consumption is allowed is restricted to persons 21 years of age or older. (2) Cannabis consumption is not visible from any public place or nonage-restricted area. (3) Sale or consumption of alcohol or tobacco is not allowed on the premises. (h) This division shall not be interpreted to supersede Section 6404.5 of the Labor Code. (i) This section does not alter or affect the prohibition on the sale of alcoholic beverages by a licensee, as provided in Section 26054, on or at a venue premises licensed under this division.
SEC. 2.
Chapter 26 (commencing with Section 26320) is added to Division 10 of the Business and Professions Code, to read:
CHAPTER 26. Medicinal Cannabis Patients’ Right of Access Act 26320. The Legislature finds and declares as follows:
(a) Access to medicinal cannabis is an integral aspect of access to health care, and eliminating barriers to medicinal cannabis access is essential to promoting and preserving the health of Californians for whom physicians have recommended the use of cannabis or cannabis products. (b) It is the policy of the state and the intent of the Legislature to ensure that Californians throughout the state have timely and convenient access to safe, effective, and affordable medicinal cannabis. 26321. (a) This act shall be known, and may be cited, as the Medicinal Cannabis Patients’ Right of Access Act. (b) For purposes of this chapter:
(1) “Medicinal cannabis” means medicinal cannabis or medicinal cannabis products, as those terms are defined in paragraph (1) of subdivision (ai) of Section 26001.
(2) “Medicinal cannabis business” means a retailer authorized to engage in the retail sale by delivery of medicinal cannabis to medicinal cannabis patients pursuant to an M-license. (3) “Medicinal cannabis patient” means a qualified patient, as defined in Section 11362.7 of the Health and Safety Code, who possesses a physician’s recommendation that complies with Article 25 (commencing with Section 2525) of Chapter 5 of Division 2, or a qualified patient or primary caregiver for a qualified patient issued a valid identification card pursuant to Section 11362.71 of the Health and Safety Code.
11/17/23, 1:09 PM Bill Text - SB-1186 Medicinal Cannabis Patients’ Right of Access Act. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB1186 6/7 (4) “Regulation” means a local ordinance, regulation, policy, or practice. 26322. (a) A local jurisdiction shall not adopt or enforce any regulation that prohibits the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers, or that otherwise has the effect of prohibiting the retail sale by delivery within the local jurisdiction of medicinal cannabis to medicinal cannabis patients or their primary caregivers by licensed medicinal cannabis businesses in a timely and readily accessible manner, and in types and quantities that are sufficient to meet demand from medicinal cannabis patients within the local jurisdiction, including, but not limited to, regulation of any of the following that has the effect of prohibiting the retail sale by delivery of medicinal cannabis:
(1) The number of medicinal cannabis businesses authorized to deliver medicinal cannabis in the local jurisdiction.
(2) The operating hours of medicinal cannabis businesses. (3) The number or frequency of sales by delivery of medicinal cannabis. (4) The types or quantities of medicinal cannabis authorized to be sold by delivery. (5) The establishment of physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted by a licensed nonstorefront retailer, except that this paragraph shall not be construed to require the establishment of additional physical premises in a local jurisdiction that allowed medicinal cannabis retail as of January 1, 2022, and in which at least one physical premises engaged in the retail sale of medicinal cannabis, whether storefront or delivery, is already established. (b) Nothing in this chapter shall be construed to prohibit the adoption or enforcement of reasonable regulations on retail sale by delivery of medicinal cannabis, including, but not limited to, reasonable regulations related to:
(1) Zoning requirements that are not inconsistent with subdivision (a). If compliance with subdivision (a) would otherwise require a local jurisdiction to authorize a physical premises from which retail sale by delivery of medicinal cannabis within the jurisdiction is conducted, this paragraph shall not be construed to alter that requirement.
(2) Security or public health and safety requirements.
(3) Licensing requirements.
(4) The imposition, collection, and remittance of any applicable state or local taxes upon retail sales occurring within the local jurisdiction.
(5) Regulations consistent with requirements or restrictions imposed on cannabis businesses by this division or regulations issued under this division.
(c) Nothing in this chapter shall be construed to limit or otherwise affect the ability of a local jurisdiction to adopt or enforce any regulations on commercial cannabis operations other than retail sale by delivery of medicinal cannabis in the local jurisdiction.
(d) This section shall become operative on January 1, 2024. 26323. (a) This chapter may be enforced by an action brought pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure by any of the following parties, who shall be beneficially interested within the meaning of Section 1086 of the Code of Civil Procedure:
(1) A medicinal cannabis patient or their primary caregiver who seeks to purchase medicinal cannabis or medicinal cannabis products within the local jurisdiction. (2) A medicinal cannabis business that seeks to offer medicinal cannabis for sale within the local jurisdiction. (3) The Attorney General.
(4) Any other party otherwise authorized by law.
(b) This section shall not be construed to limit the availability of any other remedy otherwise available to enforce this chapter. The existence of any other remedy shall not restrict the availability of relief to enforce this chapter under Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure.
11/17/23, 1:09 PM Bill Text - SB-1186 Medicinal Cannabis Patients’ Right of Access Act. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB1186 7/7 (c) This section shall become operative on January 1, 2024. 26324. Nothing in this chapter shall be construed to limit or otherwise affect the ability or right of a local jurisdiction to regulate adult-use cannabis pursuant to Section 26200. 26325. This chapter addresses a matter of statewide concern and not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution.
SEC. 3. Section 1.5 of this bill incorporates amendments to Section 26200 of the Business and Professions Code proposed by both this bill and Assembly Bill 2210. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2023, (2) each bill amends Section 26200 of the Business and Professions Code, and (3) this bill is enacted after Assembly Bill 2210, in which case Section 1 of this bill shall not become operative.
SEC. 4.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
Staff Report
December 20, 2023
AT
TACHMENT 2
Planning Commission Resolution
Staff Report
December 20, 2023
ATTACHMENT 3
Urgency Ordinance
4864-3360-7057 v2
ORDI
NANCE NO. XXXX
AN URGENCY ORDINANCE ADOPTED PURSUANT TO GOVERNMENT
CODE § 36937 AND BUSINESS AND PROFESSIONS CODE § 26320
AMENDING MONTEREY PARK MUNICIPAL CODE CHAPTER S 6.35
AND 9.102, AND ADD ING NEW CHAPTERS 6.36 AND 21.27 TO
IMPLEMENT CALIFORNIA LAW GOVERNING MEDICAL CANNABIS
The City Council ordains as follows:
SECTION 1. Th e City Council finds and determines as follows:
A. Article XI, § 7 of the California Constitution empowers the City to enact and enforce ordinances regulating conditions that may be public nuisances or health hazards, or that promote social, economic, or aesthetic considerations.
B. The Federal Controlled Substances Act, 21 U.S.C. § 801, et seq., classifies cannabis as a Schedule 1 Drug, which is defined as a drug or other substance that has a high potential for abuse, that has no currently accepted medical use in treatment in the United States, and that has not been accepted as safe for use under medical supervision. The Federal Controlled Substances Act makes it unlawful under federal law for any person to cultivate, manufacture, distribute or dispense, or possess with intent to manufacture, distribute or dispense, cannabis.
C. The penalties for violating federal law include fines between $10,000 and $50,000 (21 U.S.C. § 841) for first time offenders. California law has similar provisions (see, e.g., Health and Safety Code §§ 11352 and 11379.6).
D. As of the effective date of this Ordinance, the City Council has not authorized any cannabis activity within its jurisdiction. To the contrary, Monterey Park Municipal Code (“MPMC”) § 6.35.030 explicitly prohibits all commercial cannabis activity in the City including, without limitation, medical cannabis dispensaries and medical cannabis delivery services.
E. A statewide initiative entitled the “Control, Regulate and Tax Adult Use of Marijuana Act” (“AUMA”) was approved by voters on the November 2016 ballot. AUMA does not, and cannot, affect federal regulations as to cannabis or its derivatives.
F. AUMA expressly preserves local control over the regulation of cannabis- related businesses and cannabis-related land uses (Business & Professions Code § 26200, et seq.).
G. In City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc. (2013) 56 Cal.4th 729, the California Supreme Court held that nothing
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tate cannabis law “expressly or impliedly limits the inherent authority of a local jurisdiction, by its own ordinances, to regulate the use of its land[.]” Additionally, in Maral v. City of Live Oak (2013) 221 Cal.App.4th 975, the Court of Appeal held that “there is no right – and certainly no constitutional right – to cultivate medical marijuana[.]” The Court in Maral affirmed the ability of a local governmental entity to prohibit the cultivation of cannabis under its land use authority.
H. It is in the public interest for the City to take appropriate actions to protect citizens and their property from conditions that threaten public health, safety, and welfare including, without limitation, matters that devalue real property.
I. On September 18, 2022, Governor Newsom signed Senate Bill (“SB”) 1186, known as the “Medicinal Cannabis Patients’ Right of Access Act” into law.
J. SB 1186 imposes restrictions on how cities may regulate the retail sale by delivery of medical cannabis within their jurisdiction.
K. The City Council is required by California law to enact this Ordinance to regulate how qualified delivery-only medical cannabis retailers may operate within the City in accordance with SB 1186.
L. On November 30, 2023, the Planning Commission recommended that the City Council adopt this Ordinance.
M. In accordance with Government Code §§ 36934 and 36937(b), the City Council finds that this Ordinance should be adopted on an urgency basis to preserve the public health, safety and welfare. This Ordinance’s immediate adoption is necessary to preserve the character of sensitive uses in the city, including, without limitation, residences, schools, and medical facilities. This will ensure compatibility between existing sensitive uses and commercial operations.
SECTION 2. MPMC
Chapter 9.102 is repealed.
SECTION 3. MPMC § 6.35.030 is amended to read as follows with additions denoted by underline and deletions with strikethrough:
“6.35.030 Prohibition.
Unless otherwise provided by California law, commercial cannabis activity is prohibited within the City of Monterey Park. No use permit, variance, building permit, or any other entitlement, license, or permit, whether ministerial or discretionary, may be issued or approved for any commercial
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cannabis activity in the City except as set forth in this code, and it is unlawful for any person to establish or conduct such activities in the City without the permits required by this code.”
SECTION 4. A new Chapter 6.36, entitled “Medical Cannabis Delivery,” is added to the MPMC read as follows:
“Chapter 6.36
Med
ical Cannabis Delivery
6.36.010 Intent and Purpose.
This chapter is adopted pursuant to the legal mandate imposed by the state of California via Business and Professions Code § 26320. Nothing in this chapter is intended to authorize any activity that is contrary to California law.
6.36.020 Su
nset Clause; Automatic Repeal.
The regulations in this chapter will be automatically repealed without additional action by the City Council should Business and Professions Code § 26322 be repealed by the California Legislature or be invalidated by a court of competent jurisdiction.
6.36.030 Re
sponsibility for Compliance.
The owners and operators of a delivery -only medical cannabis retailer , together with any person listed as the permittee or applicant on the delivery- only medical cannabis retailer application, are responsible for ensuring that the delivery-only medical cannabis retailer is, at all times, operating in a manner compliant with all applicable law.
6.36.040 De finitions.
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. Words and phrases undefined in this chapter have the same meaning as set forth in the Compassionate Use Act; the Medical Cannabis Program Act; the Control, Regulate and Tax Adult Use of Cannabis Act; or the Medicinal and Adult-use Cannabis Regulation and Safety Act. “Cannabis” is defined in Health and Safety Code § 11018. “Delivery” means the commercial transfer of nonmedical cannabis or nonmedical cannabis products from a dispensary or delivery-only medical cannabis retailer to a customer over 21 years of age, or the commercial transfer of medical cannabis or medical cannabis products to a primary
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egiver or qualified patient as defined in Health and Safety Code § 11362.7.
“Delivery” also includes the use by a dispensary or delivery-only medical cannabis retailer of any technology platform owned and controlled by the dispensary, delivery-only medical cannabis retailer, or independently licensed under California law, which enables customers or qualified patients or primary caregivers to arrange for or facilitate the commercial transfer by a licensed dispensary or delivery-only medical cannabis retailer of cannabis or cannabis products.
“Delivery-only medical cannabis retailer” means a non- storefront delivery retailer authorized to engage in the retail sale by delivery of medical cannabis to qualified patients pursuant to an M-license. “Delivery-only medical cannabis retailer permit” means a regulatory permit issued pursuant to this chapter.
“Identification card” means a document issued by the state of California that identifies a person authorized to engage in the medical use of cannabis and the person’s designated primary caregiver, if any.
“Medical cannabis” or “medical cannabis product” means a product containing cannabis, including , without limitation , concentrates and extractions, intended to be sold for use by medical cannabis patients in California pursuant to Health and Safety Code § 11362.5. “ Medical cannabis” does not include “industrial hemp” as defined by Food and Agricultural Code § 81000 or Health and Safety Code § 11018.5. “Medical cannabis dispensary” or “m edical marijuana dispensary” is a dispensary that offers or delivers medical cannabis and medical cannabis products for retail sale to qualified patients and primary caregivers. “Operations Plan” means an operating plan that implements the standard requirements of this chapter along with such additional, reasonable, criteria needed to protect public health and safety as determined by the Police Chief based upon the size and location of the proposed cannabis -related business.
“Person with an identification card” means an individual who is a qualified patient who has applied for and received a valid identification card pursuant to Health & Safety Code § 11362.7, et seq.
“Police Chief” means the Police Chief or any other individual appointed by the City Manager or approved pursuant to written agreement for law enforcement services executed pursuant to Government Code § 54981.
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“P
rimary caregiver” means the individual, designated by a qualified patient or by a person with an identification card, who has consistently assumed responsibility for the housing, health, or safety of that patient or person, and may include any of the following:
A. In any case in which a qualified patient or person with an identification card receives medical care or supportive services, or both, from a clinic licensed pursuant to Health and Safety Code § 1200, et seq., a health care facility licensed pursuant to Health and Safety Code § 1250, et seq., a residential care facility for persons with chronic life-threatening illness licensed pursuant to Health and Safety Code § 1568.01, et seq., a residential care facility for the elderly licensed pursuant to Health and Safety Code § 1569, et seq., a hospice, or a home health agency licensed pursuant to Health and Safety Code § 1725, et seq., the owner or operator, or no more than three employees who are designated by the owner or operator, of the clinic, facility, hospice, or home health agency, if designated as a primary caregiver by that qualified patient or person with an identification card.
B. An individual who has been designated as a primary caregiver by more than one qualified patient or person with an identification card, if every qualified patient or person with an identification card who has designated that individual as a primary caregiver resides in the same city or county as the primary caregiver.
C. An individual who has been designated as a primary caregiver by a qualified patient or person with an identification card who resides in a city or county other than that of the primary caregiver, if the individual has not been designated as a primary caregiver by any other qualified patient or person with an identification card.
D. A primary caregiver must be at least 18 years old, unless the primary caregiver is the parent of a minor child who is a qualified patient or a person with an identification card or the primary caregiver is a person otherwise entitled to make medical decisions under state law pursuant to Family Code §§ 6922, 7002, 7050, or 7120.
“Qualified patient” means a person who is entitled to the protections of Health and Safety Code § 11362.5.
6.36.050 De
livery-Only Medical Cannabis Retailer Permit Required to Engage in or Operate a Delivery-Only Medical Cannabis Retailer.
It is unlawful for any person to engage in or operate a del ivery-only medical cannabis retailer in the City unless the person posses a valid delivery-only medical cannabis retailer permit from the City; and complies with all
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cable law governing the delivery -only medical cannabis retailer , including the duty to obtain and maintain any required state license(s).
6.36.060 Ap plications.
A. Delivery-only medical cannabis retailer permit applications must be made on a form approved by the City Manager, or designee, and accompanied by all information requested on the application.
B. Each application must be accompanied by an application fee, the amount of which will be set by City Council resolution. Any application fee is in addition to any permit fee separately established by City Council resolution.
C. The application must identify the address of the location where the delivery-only medical cannabis retailer is proposed to operate.
D. No person may apply for a delivery-only medical cannabis retailer permit until and unless a conditional use permit issued pursuant to Title 21 authorizes a delivery-only medical cannabis retailer use at the subject location. A conditional use permit is required in addition to, and separately from, a delivery-only medical cannabis retailer permit required by this chapter. Before an application for a delivery-only medical cannabis retailer permit will be accepted by the City for processing, the applicant must provide, on a form approved by the City Manager, or designee, proof that the owner of the underlying property, or his/her/its authorized agent, authorized filing the application for a delivery-only medical cannabis retailer permit at the subject location. A copy of the conditional use permit authorizing a cannabis-related use on the subject property must accompany the application for a delivery-only medical cannabis retailer permit. Only one application per parcel will be accepted and processed by the City at a given time. If an application for a delivery-only medical cannabis retailer permit is denied, a subsequent application for a delivery- only medical cannabis retailer permit on the same parcel may be accepted by the City only after one year following the denial is final and all available administrative and judicial remedies are exhausted.
E. Completed applications must be submitted to the City Manager, or designee. Only complete applications will be considered. An application is complete if it is submitted with all of the information requested therein, together with full payment of the application fee. Applications will be considered in the order they are received. The City Manager, or designee, may require supplemental information from any applicant before deeming an application complete. Such information must be provided to the City Manager, or designee, within seven business days. Failure to provide the information results in the application losing its priority in the queue and will
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be considered “received” until the date that all requested supplemental information is provided to the City Manager, or designee.
F. The City Council may, by resolution, establish minimum threshold qualifications for all delivery-only medical cannabis retailer permit applicants including, without limitation, qualifications relating to previous relevant business experience, criminal history, minimum liquid assets, and/or net worth. Every application for a delivery-only medical cannabis retailer permit must be accompanied by credible evidence demonstrating that the applicant meets or exceeds each of the threshold requirements established by the City Council.
6.36.070 Ex
piration.
Each delivery-only medical cannabis retailer permit issued pursuant to this chapter must be activated within 30 days after the City approves the delivery-only medical cannabis retailer permit. Activation occurs when the permittee pays all fees required by this chapter ; accepts all conditions; provides evidence that it was issued a valid Conditional Use Permit; and provides evidence that it applied with the state of California for all required permits.
Each delivery-only medical cannabis retailer permit issued pursuant to this chapter expires twelve months after the date it is issued. Delivery -only medical cannabis retailer permits may be renewed as provided in this chapter.
6.36.080 Ren
ewals.
A. An application for renewal of a delivery-only medical cannabis retailer permit must be filed at least 60 calendar days before the expiration of the current permit.
B. The renewal application must contain all the information required for a new application.
C. The renewal application must be accompanied by a renewal fee established by City Council resolution.
D. The renewal application must be denied if any of the following circumstances exists:
1. The renewal application is filed less than 60 calendar days before expiration of the permit.
2. The delivery-only medical cannabis retailer permit is suspended at the time of the renewal application.
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3. The
delivery-only medical cannabis retailer has not been in regular and continuous operation in the four months before the renewal application.
4. The delivery-only medical cannabis retailer failed to conform to the requirements of this chapter, any regulations adopted pursuant to this chapter, or applicable state law.
5. The permittee does not possess a valid license from the State of California, if required by law.
E. The City Manager, or designee, is authorized to make all decisions concerning applications for renewal. The City Manager, or designee, may impose additional conditions on a renewal permit if he or she determines it is necessary to ensure compliance with state or local laws and regulations or to preserve and protect the public health, safety, or welfare.
F. If a renewal application is denied for any reason, the permittee will be barred from renewing the delivery-only medical cannabis retailer permit. If the permittee wishes to obtain another delivery-only medical cannabis retailer permit, they must file a new application as set forth in this chapter.
G. The City Manager’s decision with respect to a renewal application is the City’s final decision.
6.36.090 Pr
ohibition on Transfer of Delivery-Only Medical Cannabis Retailer Permits.
A. It is unlawful for any person to operate a delivery-onl y medical cannabis retailer at any location other than the location specifically authorized and identified on a City-issued delivery-only medical cannabis retailer permit.
B. No person may transfer an ownership interest, ownership, or control of a delivery-only medical cannabis retailer or transfer any delivery-only medical cannabis retailer permit issued under this chapter. It is unlawful for a delivery-only medical cannabis retailer permittee to sell or transfer a delivery-only medical cannabis retailer permit to another party. Any attempt to transfer an ownership interest or ownership of a delivery-only medical cannabis retailer, or of a delivery-only medical cannabis retailer permit, will automatically render the delivery-only medical cannabis retailer permit void.
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6.36.100 Cannabis Permit Fee.
In consideration of the privilege for obtaining a delivery -only medical cannabis retailer permit pursuant to this chapter, and in addition to any other requirements of this chapter, a permittee must pay to the City the following:
A. Permit Fee.
1. During the term of any permit, the permittee will pay the City an annual fee (the “permit fee”) as established by City Council resolution.
2. The permit fee is due and payable annually on the anniversary date of the permit without demand and upon filing of the report required by this section. Any fees or expenses charged to permittees by City pursuant to this section, or any other provision of the permit, unless disputed in good faith, must be paid when due or are deemed delinquent. Any undisputed delinquent amounts will accrue an interest rate of ten percent per annum. Any neglect, omission or refusal by permittee to pay any undisputed delinquent fee with any late charges, within 30 days of written demand for payment is grounds for the City to declare the permit forfeited pursuant to the procedures established by this chapter.
3. Payments must be made as determined by the City Manager, or designee. The permit fee must be paid annually during the term of the permit, including the year of granting the permit.
B. Annual Increase.
1. The amount of each annual payment of the permit fee is subject to an increase after the first year of the permit and each subsequent year.
2. The increase is based on the annual change in the Consumer Price Index (CPI), All Urban Consumers, for the Los Angeles- Riverside- Orange County area (1982-84 = 100), as published by the United States Bureau of Labor Statistics, Department of Labor, for the month of September immediately preceding the month in which payment is due and payable CPI for the year. If the Index is discontinued or revised during the term of this permit, such other governmental price index or computation with which it is replaced chosen by the City will be used in order to obtain substantially the same result as would be obtained if the Index had not been discontinued or revised.
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C. Repor
ts Required. A permittee must file with the City Clerk and Finance Director, on or before January 31st after the expiration of the calendar year, or fractional calendar year, following the date of the granting of this permit and on or before January 31st after the expiration of each calendar year thereafter, two copies of a report duly verified by the oath of the permittee or by the oath of a duly authorized representative of the permittee, showing for the immediately preceding permit period:
1. The total gross receipts received by the permittee from the sale of cannabis and the use, operation or possession of this permit during the preceding calendar year, or fractional calendar year.
D. Any neglect, omission or refusal by permittee to file the verified statement required by the permit, or to pay any required payments at the time and in the manner specified is grounds for the declaration of a forfeiture of this permit and of all rights and privileges of permittee hereunder, provided that permittee has not cured said neglect, omission, or refusal to file or pay within fifteen days following written notice from the City of failure to file or pay the required amount, or, if such neglect, omission or refusal is not reasonably subject to cure within such fifteen day period, permittee has not commenced to cure such neglect, omission or refusal within such fifteen day period and has not continued to prosecute such cure to completion.
E. The fee required by this section is in addition to any taxes imposed upon a cannabis business.
6.36.110 Ope
rations Plan Required.
A conditional use permit issued pursuant to this code for a delivery-only medical cannabis retailer permit must include, as a condition of approval, the operational standards set forth in this chapter . In addition, the conditional use permit must incorporate by reference an Operations Plan approved by the Police Chief, or designee.
6.36.120 Op
erational Standards.
A. To operate, a delivery-only medical cannabis retailer must obtain and maintain both the proper license from the state of California and a delivery-only medical cannabis retailer permit as set forth in this chapter.
B. Subject to the conditions imposed by this chapter, mobile delivery privileges may be suspended or terminated by the City Manager, or designee, as set forth in this chapter.
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C. It
is unlawful for alcohol or tobacco to be sold by a delivery-only medical cannabis retailer. Further, it is unlawful for smoking, vaporization, ingestion or consumption of alcohol, tobacco or cannabis in any form, to occur on the premises of a delivery-only medical cannabis retailer.
D. It is unlawful for cannabis or cannabis products to be publicly visible from the exterior of the property of a delivery-only medical cannabis retailer.
E. All cannabis and cannabis products sold or otherwise made available at a delivery-only medical cannabis retailer must be cultivated, manufactured, and transported by licensed facilities that maintain operations in full conformance with applicable law.
F. Each delivery-only medical cannabis retailer must provide the City Manager, or designee, with the name and telephone number of an on-site employee or owner to whom emergency notice can be provided. The telephone number provided must be capable of accepting recorded voice messages in the event the contact person does not answer.
G. It is unlawful for any person under 21 years of age to be allowed on the premises of a delivery-only medical cannabis retailer unless such person possesses a valid identification card issued by the state of California.
H. It is unlawful for any person to employ another person under the age of 21 at a delivery-only medical cannabis retailer.
I. Uniformed security personnel must be employed to monitor all entrances and exits of the delivery-only medical cannabis retailer and to serve as a visual deterrent to unlawful activities during all hours of operation. Every security guard employed by or provided by the delivery-only medical cannabis retailer must be currently licensed by the state of California and in possession of a valid “guard card.” The number of such security personnel must be set forth in the Operations Plan.
J. Odor control devices and techniques must be incorporated in a delivery- only medical cannabis retailer to ensure that odors from cannabis are not detectable outside of the delivery-only medical cannabis retailer or in any tenant space or area adjacent to the delivery-only medical cannabis retailer.
K. All law enforcement personnel seeking admission to the delivery-only medical cannabis retailer for the purpose of ascertaining compliance with the standards and regulations of this Code must always be given unrestricted access to all areas of the premises during hours of operation.
Consent to such unrestricted access must be acknowledged by the permittee and included within the Operations Plan.
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L. Al
l interior spaces of the retailer (except restrooms), and all entrances and exits to and from the premises, must be monitored by 24-hour video security surveillance of at least HD quality with night vision capability. The video security system must be compatible with software and hardware utilized by the City as determined by the Police Chief and set forth in the Operations Plan. Surveillance video must be recorded to a device that is securely located on the premises and all footage must be maintained for a minimum of 45 days. The video surveillance system specifications must be set forth in the Operations Plan before the City issues a certificate of occupancy for the delivery-only medical cannabis retailer.
M. A delivery-only medical cannabis retailer must have a professionally installed, maintained, and monitored alarm system as approved through the Operations Plan.
N. A delivery-only medical cannabis retailer must maintain a valid business license as required by this code.
O. All food products, food storage facilities, food-related utensils, equipment and materials must be approved, used, managed and handled in accordance with Health & Safety Code § 113700, et seq. All food products must be protected from contamination at all times, and all food handlers must be clean, in good health, and free from communicable diseases. The Los Angeles County Department of Public Health may inspect the delivery-only medical cannabis retailer at any time during business hours to ensure compliance with applicable law.
P. It is unlawful for a physician to be permitted in a delivery-only medical cannabis retailer at any time for the purpose of evaluating patients to issue a medical cannabis prescription or identification card.
Q. As part of the Operations Plan, permittees must execute an agreement in a form approved by the City Attorney that defends and indemnifies the City of Monterey Park, along with its officials, officers, and employees, from any claim or liability arising from the City approving a delivery-only medical cannabis retailer permit. Such agreement must be secured with sufficient insurance, as determined by the City Attorney, and a surety, as approved by the City Attorney, to adequately protect the City from any and all liability.
R. A delivery-only medical cannabis retailer permit is subject to all of the regulations and operational standards set forth in this section in addition to the conditions stated in the permit itself.
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S. Be
fore dispensing medical cannabis or medical cannabis products to any person under the age of 21, the delivery-only medical cannabis retailer must verify that the person possesses a valid identification card.
T. It is unlawful for any member of the public to be allowed on the premises of delivery-only medical cannabis retailer.
U. A delivery-only medical cannabis retailer may sell by delivery medical cannabis, medical cannabis products, and medical cannabis accessories to a person 18 years of age or older who possesses a valid identification card under Health and Safety Code § 11362.71 and a valid government- issued identification card.
6.36.130 Mi
nimum Age for Delivery Drivers.
It is unlawful for any person under the age of 21 to be allowed to serve as a delivery driver and no person or permittee can employ a person under the age of 21 for the purpose of making mobile deliveries of any cannabis product.
6.36.140 Dr
iver May Not Carry More Than $200.
No delivery driver may carry more than $200 in cash while engaged in the service of delivering medical cannabis or medical cannabis products.
6.36.150 En
forcement, Generally.
A violation of this chapter constitutes a misdemeanor. The City Attorney may, at his or her discretion, reduce a violation to an infraction. Any violation of this chapter may also be abated as a public nuisance. The remedies provided by this chapter are cumulative and in addition to any other criminal or civil remedies.
6.36.160 Re
vocation and Suspension.
A. In addition to any other penalty authorized by law, the City Manager, or designee, may suspend or revoke a delivery-only medical cannabis retailer permit for the following reasons:
1. Upon learning or discovering facts that require permit denial under this chapter that were not previously disclosed or reasonably discoverable;
2. If the permittee violates any condition imposed by this chapter or by the terms of the permit; or
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3. Vi
olation of any law of moral turpitude including, without limitation, a criminal conviction or civil liability arising from a complaint filed in a court of competent jurisdiction.
B. Notice of Suspension or Revocation. If after having determined that adequate grounds exist the City Manager, or designee, elects to suspend or revoke a delivery-only medical cannabis retailer permit, the City Manager, or designee, must serve a notice of suspension or revocation on the permittee. The notice must state the reason(s) for the action and provide information regarding the right to a hearing before the City Manager. Except as otherwise provided, the suspension or revocation of the permit does not become effective until the time for filing a request for hearing has passed or, if a request for hearing is timely filed, until the decision of the City Manager, or designee, is final.
C. The notice of suspension or revocation will be sent to the business address indicated on the permit. Service is deemed complete one business day after deposit in the United States Mail.
D. A permittee that has been served with a notice of suspension of revocation may, within five business days, request a hearing before the City Manager, or designee. The request must be made on a form approved by the City Manager or designee.
E. If a timely request for a hearing is made by the permittee, the City Manager, or designee, will schedule a hearing within 30 days. The hearing may be held in the office of the City Manager, or designee, or at an alternative location designated by the City Manager, or designee. The permittee will be notified of the time and place of the hearing at least ten days before the scheduled date.
F. If the City Manager, or designee, determines, in his or her sole discretion, that the continued operation of the delivery-only medical cannabis retailer presents an imminent threat to the public health, safety or welfare, the suspension or revocation becomes effective immediately upon notice thereof. In such a case, if the permittee requests a hearing before the City Manager, or designee, the hearing will be scheduled within seven business days. The permittee will be notified of the time and place of the hearing at least 48 hours before the scheduled date. Notice may be given by any means reasonably calculated to provide actual notice to the permittee including, without limitation, mailed notice or telephonic notice.
G. The permittee may present written and/or oral testimony and evidence at the hearing and will be provided 30 minutes for a presentation. Formal rules of evidence and procedure applicable in a court of law do not apply.
The City Manager, or designee, may, in his or her sole discretion, provide
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the
permittee additional time to present evidence, testimony and argument.
H. The City Manager, or designee, will issue a written decision within 10 business days of the hearing. If the suspension or revocation was made immediately effective, the City Manager’s written decision will be issued within five business days of the hearing. The City Manager’s, or designee’s, decision is the City’s final decision.
I. Effect of Revocation. If a delivery-only medical cannabis retailer permit is revoked, the former permittee is presumptively disqualified to apply for a new permit for a period of two years from the effective date of the revocation. This presumption may be overcome upon a showing of good cause as to why a permit should be issued following a revocation. Any such showing must be made to the City Manager’s, or designee’s, satisfaction.
SECTION 5. MP
MC § 21.02.015 is added to the Monterey Park Municipal Code to read as follows:
“21.02.015 Consistency with State and Federal Law.
Unl
ess otherwise specifically permitted by Title 21 of this Code, and notwithstanding any other provision to the contrary, no new use is permitted unless it is permitted by both State and Federal law.”
SECTION 6. MP
MC § 21.04.557 is repealed.
SECTION 7. MPMC § 21.04.571 repealed.
SECTION 8. Chapter 21.27 is added to the Monterey Park Municipal Code to read as follows:
“Chapter 21.27
CAN
NABIS-RELATED USES
21.27.010 Pur pose.
The purpose of this chapter is to establish land use restrictions for delivery- only medical cannabis retailers . Nothing in this chapter is intended to authorize any activity that is contrary to California law.
21.27.020 De finitions.
Unless otherwise provided herein, the terms used in this chapter have the same meaning as set forth in Chapter 6.36.
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21.27.030 Conditional Use Permit Required.
Except as otherwise provided by applicable law, it is unlawful for any person to maintain a cannabis-related use on any property in the City unless a valid conditional use permit authorizes the cannabis -related use on the subject property.
21.27.040 Loca tion Restrictions.
A. Delivery-only medical cannabis retailers are conditionally permitted in the C-S (Commercial Services) zone and are prohibited in all other zones.
B. No conditional use permit may be issued for a cannabis-related business located on a parcel that is within 600 feet of any other parcel containing a “sensitive use,” including, without limitation, schools, religious facilities, parks, licensed child daycare facilities, youth centers or licensed drug or alcohol rehabilitation facilities. For purposes of this section, “school” includes a pre-school, transitional kindergarten, K-12 school, whether public or private.
C. Within 1,000 feet of any other parcel upon which a delivery-only medical cannabis retailer is operating.
D. A delivery-only medical cannabis retailer permit may be renewed for a cannabis-related business located on a parcel that is within the distance limitations in this section if:
1. The sensitive use located to the area after the subject delivery-only medical cannabis retailer permit was first issued;
2. The subject delivery-only medical cannabis retailer permit has not lapsed for any period of time; and
3. The cannabis-related business was in continuous operation.
E. For purposes of this section, a temporary interruption of business activity due to fire, natural disaster or other force majeure is excused provided reasonable steps are taken by the permittee to resume business operations expeditiously. The prior, temporary suspension of the delivery- only medical cannabis retailer permit does not render a permit ineligible for renewal under this section provided the applicant otherwise qualifies for renewal pursuant to Chapter 6.36.
F. The delivery-only medical cannabis retailer will utilize fewer than the minimum off-street parking spaces established by this Code.
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21.27.050 Distance Measurements.
The distance between parcels will be the horizontal distance measured in a straight line from any property line of the sensitive use to the c losest property line of the parcel on which the cannabis -related business is to be located, without regard to any intervening structures.
21.27.060 Ope rations Plan Required.
In addition to any other conditions of approval deemed necessary and appropriate by the approving authority, an operations plan, including a detailed cash management plan is required as a condition of approval for any delivery-only medical cannabis retailer. If the operations and/or cash management plan include confidential and/or proprietary information the City will respect the confidentiality of the information submitted by the applicant. The required content of the operations plan is set forth in Chapter
6.36.”
SECTION 9. Ta
ble 21.10(A) of MPMC § 21.10.030 is amended to add delivery-only medical cannabis retailers as a conditionally permitted use in the C-S zone as follows (no other changes to Table 21.10(A) are intended):
“Table 21.10(A)
* *
*
Delivery-only medicinal cannabis retailer X X X X C X
* *
*”
SECTION 10. Env ironmental Review. The City reviewed the environmental impacts of this proposed Ordinance pursuant to 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”). No additional environmental review is required for this Ordinance pursuant to CEQA Guidelines § 15060(c)(2), § 15378(b)(5) § 15301 § 15303 and § 15061(b)(3). The proposed Ordinance is exempt from CEQA because it is a zoning text amendment which permits delivery of medicinal cannabis in the City’s commercial zone, which will not have a direct or reasonably foreseeable indirect physical change in the environment and does not qualify as a “project” under CEQA because it will not make physical changes to the environment. The proposed Ordinance is also exempt pursuant to CEQA Guidelines § 15301 and 15303 for activities that involve negligible or no expansion of use for existing facilities and for the conversion of existing small structure
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for
another use. Finally, the proposed Ordinance is exempt from CEQA under the common sense exemption that it will not affect the environment.
SECTION 11. Zoni ng Amendment. Pursuant to MPMC § 21.38.050, the City Council finds as follows:
A. The MPMC amendments in this Ordinance are consistent with the goals, pol
icies and objectives of the General Plan.
1. The Ordinance is consistent with Policy 14.1 (Second-Hand Smoke Exposure — Outdoor Public Areas) of the Healthy Community Element of the General Plan as it does not affect MPMC Chapter
6.20 (Smoking Prohibited) which prohibits publicly smoking cannabis in many areas of the City.
2. The Ordinance is consistent with Goal 1 (Commercial districts that allow a variety of retail, service, and entertainment uses and that accommodate flexibility over time) of the Land Use and Urban Design Element of the General Plan as it permits delivery-only medicinal cannabis retailers to operate in the C-S Zone with a conditional use permit, fulfilling Policy 1.1’s (Flexibility) goal of providing flexibility regarding allowed uses in the City and Policy 1.3 (Economic Development) by encouraging businesses to locate in the City.
3. The Ordinance is consistent with Goal 2 (Dynamic mix of businesses, uses, and employment that sustain a strong local economy and contributes to a fiscally sustainable tax base) of the Land Use and Urban Design Element of the General Plan and Policy 2.1 (Flexibility) and Policy 2.2 (Business Growth) by providing clear development and operational standards for delivery- only medicinal cannabis retailers to operate in and thrive economically.
4. The Ordinance is consistent with Goal 1 (Fiscal Balance) of the Economic Development Element of the General Plan, which has its goals of preserving, retaining, and building the City’s tax base. This Ordinance is consistent with Goal 1 and will meet Policy 1.2 as it will encourage the growth and relocation of industries that generate local tax and employment benefits to the City.
5. The Ordinance is consistent with Goal 2 (Business Attraction and Retention) of the Economic Development Element of the General Plan as this Ordinance will help attract new businesses to the City without the need for incentives.
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B. Thi
s Ordinance will not adversely affect surrounding properties. This Ordinance adopts reasonable regulations that will ensure that non- storefront medicinal cannabis facilities in the C-S (Commercial Services) zone do not adversely affect surrounding properties.
C. This Ordinance promotes public health, safety, and general welfare and serves the goals and purposes of the MPMC’s zoning regulations. This Ordinance implements State law governing medicinal cannabis delivery facilities in the City to bring the MPMC into compliance with State law.
Reasonable regulations are proposed to promote public health, safety, and general welfare in the City.
SECTION 12. Val
idity of Previous Code Sections. If the entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal of the MPMC or other regulation by this Ordinance will be rendered void and cause such MPMC provision or other regulation to remain in full force and effect for all purposes.
SECTION 13. Reli
ance on Record. Each and every one of the findings and
determinations in this Ordinance are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project. The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole.
SECTION 14. Limi
tations. The City Council’s analysis and evaluation of the project is based on the best information currently available. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the City Council’s lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are limitations on the City’s ability to solve what are in effect regional, state, and National problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework.
SECTION 15. Pres
ervation. Repeal or amendment of any previous Code Sections does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.
SECTION 16. Sev
erability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provision or application and, to this end, the provisions of this Ordinance are severable.
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SECTION 17. 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 18. Elect
ronic 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 19. The Cit
y 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 20. Effecti
ve Date. Based on the findings in Section 1, this urgency ordinance is adopted by a four-fifths vote for the immediate preservation of the public peace, health, safety and welfare and will become effective immediately upon adoption pursuant to Government Code § 36937(b).
ORDINANCE NO. ___ WAS DULY PASSED, APPROVED, AND ADOPTED BY THE CITY
COUNCIL OF THE CITY OF MONTEREY PARK AT ITS REGULAR MEETING OF DECEMBER 20, 2023.
Jose Sanchez, Mayor
ATTEST:
Maychelle Yee, City Clerk
APPROVED AS TO FORM:
KARL H. BERGER, CITY ATTORNEY
By:
Ephraim Margolin, Deputy City Attorney
Staff Report
December 20, 2023
ATTACHMENT 4
Ordinance
4895-4614-9014 v2
ORDI
NANCE NO. XXXX
AN ORDINANCE ADOPTED PURSUANT TO GOVERNMENT CODE §
36937 AND BUSINESS AND PROFESSIONS CODE § 26320 AMENDING MONTEREY PARK MUNICIPAL CODE CHAPTERS 6.35 AND 9.102,
AND ADD ING NEW CHAPTERS 6.36 AND 21.27 TO IMPLEMENT
CALIFORNIA LAW GOVERNING MEDICAL CANNABIS
The City Council ordains as follows:
SECTION 1. The City Council finds and determines as follows:
A. Article XI, § 7 of the California Constitution empowers the City to enact and enforce ordinances regulating conditions that may be public nuisances or health hazards, or that promote social, economic, or aesthetic considerations.
B. The Federal Controlled Substances Act, 21 U.S.C. § 801, et seq., classifies cannabis as a Schedule 1 Drug, which is defined as a drug or other substance that has a high potential for abuse, that has no currently accepted medical use in treatment in the United States, and that has not been accepted as safe for use under medical supervision. The Federal Controlled Substances Act makes it unlawful under federal law for any person to cultivate, manufacture, distribute or dispense, or possess with intent to manufacture, distribute or dispense, cannabis.
C. The penalties for violating federal law include fines between $10,000 and $50,000 (21 U.S.C. § 841) for first time offenders. California law has similar provisions (see, e.g., Health and Safety Code §§ 11352 and 11379.6).
D. As of the effective date of this Ordinance, the City Council has not authorized any cannabis activity within its jurisdiction. To the contrary, Monterey Park Municipal Code (“MPMC”) § 6.35.030 explicitly prohibits all commercial cannabis activity in the City including, without limitation, medical cannabis dispensaries and medical cannabis delivery services.
E. A statewide initiative entitled the “Control, Regulate and Tax Adult Use of Marijuana Act” (“AUMA”) was approved by voters on the November 2016 ballot. AUMA does not, and cannot, affect federal regulations as to cannabis or its derivatives.
F. AUMA expressly preserves local control over the regulation of cannabis- related businesses and cannabis-related land uses (Business & Professions Code § 26200, et seq.).
G. In City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc. (2013) 56 Cal.4th 729, the California Supreme Court held that nothing
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in s
tate cannabis law “expressly or impliedly limits the inherent authority of a local jurisdiction, by its own ordinances, to regulate the use of its land[.]” Additionally, in Maral v. City of Live Oak (2013) 221 Cal.App.4th 975, the Court of Appeal held that “there is no right – and certainly no constitutional right – to cultivate medical marijuana[.]” The Court in Maral affirmed the ability of a local governmental entity to prohibit the cultivation of cannabis under its land use authority.
H. It is in the public interest for the City to take appropriate actions to protect citizens and their property from conditions that threaten public health, safety, and welfare including, without limitation, matters that devalue real property.
I. On September 18, 2022, Governor Newsom signed Senate Bill (“SB”) 1186, known as the “Medicinal Cannabis Patients’ Right of Access Act” into law.
J. SB 1186 imposes restrictions on how cities may regulate the retail sale by delivery of medical cannabis within their jurisdiction.
K. The City Council is required by California law to enact this Ordinance to regulate how qualified delivery-only medical cannabis retailers may operate within the City in accordance with SB 1186.
L. On November 30, 2023, the Planning Commission recommended that the City Council adopt this Ordinance.
SECTION 2. MPMC Chapter 9.102 is repealed.
SECTION 3. MPMC § 6.35.030 is amended to read as follows with additions denoted by underline and deletions with strikethrough:
“6.35.030 Prohibition.
Unless otherwise provided by California law, commercial cannabis activity is prohibited within the City of Monterey Park. No use permit, variance, building permit, or any other entitlement, license, or permit, whether ministerial or discretionary, may be issued or approved for any commercial cannabis activity in the City except as set forth in this code, and it is unlawful for any person to establish or conduct such activities in the City without the permits required by this code.”
SECTION 4. A new Chapter 6.36, entitled “Medical Cannabis Delivery,” is added to the MPMC read as follows:
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“C
hapter 6.36
Medical Cannabis Delivery
6.36.010 Intent and Purpose.
This chapter is adopted pursuant to the legal mandate imposed by the state of California via Business and Profes sions Code § 26320. Nothing in this chapter is intended to authorize any activity that is contrary to California law.
6.36.020 Sunset Clause; Automatic Repeal.
The regulations in this chapter will be automatically repealed without additional action by the City Council should Business and Professions Code § 26322 be repealed by the California Legislature or be invalidated by a court of competent jurisdiction.
6.36.030 Responsibility for Compliance.
The owners and operators of a delivery -only medical cannabis retailer , together with any person listed as the permittee or applicant on the delivery- only medical cannabis retailer application, are responsible for ensuring that the delivery-only medical cannabis retailer is, at all times, operating in a manner compliant with all applicable law.
6.36.040 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. Words and phrases undefined in this chapter have the same meaning as set forth in the Compassionate Use Act; the Medical Cannabis Program Act; the Control, Regulate and Tax Adult Use of Cannabis Act; or the Medicinal and Adult-use Cannabis Regulation and Safety Act. “Cannabis” is defined in Health and Safety Code § 11018. “Delivery” means the commercial transfer of nonmedical cannabis or nonmedical cannabis products from a dispensary or delivery-only medical cannabis retailer to a customer over 21 years of age, or the commercial transfer of medical cannabis or medical cannabis products to a primary caregiver or qualified patient as defined in Health and Safety Code § 11362.7.
“Delivery” also includes the use by a dispensary or delivery-only medical cannabis retailer of any technology platform owned and controlled by the dispensary, delivery-only medical cannabis retailer, or independently licensed under California law, which enables customers or qualified patients
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or pr
imary caregivers to arrange for or facilitate the commercial transfer by a licensed dispensary or delivery-only medical cannabis retailer of cannabis or cannabis products.
“Delivery-only medical cannabis retailer” means a non- storefront delivery retailer authorized to engage in the retail sale by delivery of medical cannabis to qualified patients pursuant to an M-license. “Delivery-only medical cannabis retailer permit” means a regulatory permit issued pursuant to this chapter.
“Identification card” means a document issued by the state of California that identifies a person authorized to engage in the medical use of cannabis and the person’s designated primary caregiver, if any.
“Medical cannabis” or “medical cannabis product” means a product containing cannabis, including , without limitation , concentrates and extractions, intended to be sold for use by medical cannabis patients in California pursuant to Health and Safety Code § 11362.5. “ Medical cannabis” does not include “industrial hemp” as defined by Food and Agricultural Code § 81000 or Health and Safety Code § 11018.5. “Medical cannabis dispens ary” or “medical marijuana dispensary” is a dispensary that offers or delivers medical cannabis and medical cannabis products for retail sale to qualified patients and primary caregivers. “Operations Plan” means an operating plan that implements the standard requirements of this chapter along with such additional, reasonable, criteria needed to protect public health and safety as determined by the Police Chief based upon the size and location of the proposed cannabis -related business.
“Person with an identification card” means an individual who is a qualified patient who has applied for and received a valid identification card pursuant to Health & Safety Code § 11362.7, et seq.
“Police Chief” means the Police Chief or any other individual appointed by the City Manager or approved pursuant to written agreement for law enforcement services executed pursuant to Government Code § 54981. “Primary caregiver” means the individual, designated by a qualified patient or by a person with an identification card, who has consistently assumed responsibility for the housing, health, or safety of that patient or person, and may include any of the following:
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A. In a
ny case in which a qualified patient or person with an identification card receives medical care or supportive services, or both, from a clinic licensed pursuant to Health and Safety Code § 1200, et seq., a health care facility licensed pursuant to Health and Safety Code § 1250, et seq., a residential care facility for persons with chronic life-threatening illness licensed pursuant to Health and Safety Code § 1568.01, et seq., a residential care facility for the elderly licensed pursuant to Health and Safety Code § 1569, et seq., a hospice, or a home health agency licensed pursuant to Health and Safety Code § 1725, et seq., the owner or operator, or no more than three employees who are designated by the owner or operator, of the clinic, facility, hospice, or home health agency, if designated as a primary caregiver by that qualified patient or person with an identification card.
B. An individual who has been designated as a primary caregiver by more than one qualified patient or person with an identification card, if every qualified patient or person with an identification card who has designated that individual as a primary caregiver resides in the same city or county as the primary caregiver.
C. An individual who has been designated as a primary caregiver by a qualified patient or person with an identification card who resides in a city or county other than that of the primary caregiver, if the individual has not been designated as a primary caregiver by any other qualified patient or person with an identification card.
D. A primary caregiver must be at least 18 years old, unless the primary caregiver is the parent of a minor child who is a qualified patient or a person with an identification card or the primary caregiver is a person otherwise entitled to make medical decisions under state law pursuant to Family Code §§ 6922, 7002, 7050, or 7120.
“Qualified patient” means a person who is entitled to the protections of Health and Safety Code § 11362.5.
6.36.050 Delivery-Only Medical Cannabis Retailer Permit Required to Engage in or Operate a Delivery-Only Medical Cannabis Retailer.
It is unlawful for any person to engage in or operate a delivery-only medical cannabis retailer in the City unless the person posses a valid delivery-only medical cannabis retailer permit from the City; and complies with all applicable law governing the delivery -only medical cannabis retailer , including the duty to obtain and maintain any required state license(s).
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6.36 .060 Applications.
A. Delivery-only medical cannabis retailer permit applications must be made on a form approved by the City Manager, or designee, and accompanied by all information requested on the application.
B. Each application must be accompanied by an application fee, the amount of which will be set by City Council resolution. Any application fee is in addition to any permit fee separately established by City Council resolution.
C. The application must identify the address of the location where the delivery-only medical cannabis retailer is proposed to operate.
D. No person may apply for a delivery-only medical cannabis retailer permit until and unless a conditional use permit issued pursuant to Title 21 authorizes a delivery-only medical cannabis retailer use at the subject location. A conditional use permit is required in addition to, and separately from, a delivery-only medical cannabis retailer permit required by this chapter. Before an application for a delivery-only medical cannabis retailer permit will be accepted by the City for processing, the applicant must provide, on a form approved by the City Manager, or designee, proof that the owner of the underlying property, or his/her/its authorized agent, authorized filing the application for a delivery-only medical cannabis retailer permit at the subject location. A copy of the conditional use permit authorizing a cannabis-related use on the subject property must accompany the application for a delivery-only medical cannabis retailer permit. Only one application per parcel will be accepted and processed by the City at a given time. If an application for a delivery-only medical cannabis retailer permit is denied, a subsequent application for a delivery- only medical cannabis retailer permit on the same parcel may be accepted by the City only after one year following the denial is final and all available administrative and judicial remedies are exhausted.
E. Completed applications must be submitted to the City Manager, or designee. Only complete applications will be considered. An application is complete if it is submitted with all of the information requested therein, together with full payment of the application fee. Applications will be considered in the order they are received. The City Manager, or designee, may require supplemental information from any applicant before deeming an application complete. Such information must be provided to the City Manager, or designee, within seven business days. Failure to provide the information results in the application losing its priority in the queue and will not be considered “received” until the date that all requested supplemental information is provided to the City Manager, or designee.
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F. Th
e City Council may, by resolution, establish minimum threshold qualifications for all delivery-only medical cannabis retailer permit applicants including, without limitation, qualifications relating to previous relevant business experience, criminal history, minimum liquid assets, and/or net worth. Every application for a delivery-only medical cannabis retailer permit must be accompanied by credible evidence demonstrating that the applicant meets or exceeds each of the threshold requirements established by the City Council.
6.36.070 Expiration.
Each delivery-only medical cannabis retailer permit issued pursuant to this chapter must be activated within 30 days after the City approves the delivery-only medical cannabis retailer permit. Activation occurs when the permittee pays all fees required by this chapter ; accepts all conditions; provides evidence that it was issued a valid Conditional Use Permit; and provides evidence that it applied with the state of California for all required permits.
Each delivery-only medical cannabis retailer permit issued pursuant to this chapter expires twelve months after the date it is issued. Delivery -only medical cannabis retailer permits may be renewed as provided in this chapter.
6.36.080 Renewals.
A. An application for renewal of a delivery-only medical cannabis retailer permit must be filed at least 60 calendar days before the expiration of the current permit.
B. The renewal application must contain all the information required for a new application.
C. The renewal application must be accompanied by a renewal fee established by City Council resolution.
D. The renewal application must be denied if any of the following circumstances exists:
1. The renewal application is filed less than 60 calendar days before expiration of the permit.
2. The delivery-only medical cannabis retailer permit is suspended at the time of the renewal application.
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3. The
delivery-only medical cannabis retailer has not been in regular and continuous operation in the four months before the renewal application.
4. The delivery-only medical cannabis retailer failed to conform to the requirements of this chapter, any regulations adopted pursuant to this chapter, or applicable state law.
5. The permittee does not possess a valid license from the State of California, if required by law.
E. The City Manager, or designee, is authorized to make all decisions concerning applications for renewal. The City Manager, or designee, may impose additional conditions on a renewal permit if he or she determines it is necessary to ensure compliance with state or local laws and regulations or to preserve and protect the public health, safety, or welfare.
F. If a renewal application is denied for any reason, the permittee will be barred from renewing the delivery-only medical cannabis retailer permit. If the permittee wishes to obtain another delivery-only medical cannabis retailer permit, they must file a new application as set forth in this chapter.
G. The City Manager’s decision with respect to a renewal application is the City’s final decision.
6.36.090 Prohibition on Transfer of Delivery-Only Medical Cannabis Retailer Permits.
A. It is unlawful for any person to operate a delivery-only medical cannabis retailer at any location other than the location specifically authorized and identified on a City-issued delivery-only medical cannabis retailer permit.
B. No person may transfer an ownership interest, ownership, or control of a delivery-only medical cannabis retailer or transfer any delivery-only medical cannabis retailer permit issued under this chapter. It is unlawful for a delivery-only medical cannabis retailer permittee to sell or transfer a delivery-only medical cannabis retailer permit to another party. Any attempt to transfer an ownership interest or ownership of a delivery-only medical cannabis retailer, or of a delivery-only medical cannabis retailer permit, will automatically render the delivery-only medical cannabis retailer permit void.
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6.36 .100 Cannabis Permit Fee.
In consideration of the privilege for obtaining a delivery -only medical cannabis retailer permit pursuant to this chapter, and in addition to any other requirements of this chapter, a permittee must pay to the City the following:
A. Permit Fee.
1. During the term of any permit, the permittee will pay the City an annual fee (the “permit fee”) as established by City Council resolution.
2. The permit fee is due and payable annually on the anniversary date of the permit without demand and upon filing of the report required by this section. Any fees or expenses charged to permittees by City pursuant to this section, or any other provision of the permit, unless disputed in good faith, must be paid when due or are deemed delinquent. Any undisputed delinquent amounts will accrue an interest rate of ten percent per annum. Any neglect, omission or refusal by permittee to pay any undisputed delinquent fee with any late charges, within 30 days of written demand for payment is grounds for the City to declare the permit forfeited pursuant to the procedures established by this chapter.
3. Payments must be made as determined by the City Manager, or designee. The permit fee must be paid annually during the term of the permit, including the year of granting the permit.
B. Annual Increase.
1. The amount of each annual payment of the permit fee is subject to an increase after the first year of the permit and each subsequent year.
2. The increase is based on the annual change in the Consumer Price Index (CPI), All Urban Consumers, for the Los Angeles- Riverside- Orange County area (1982-84 = 100), as published by the United States Bureau of Labor Statistics, Department of Labor, for the month of September immediately preceding the month in which payment is due and payable CPI for the year. If the Index is discontinued or revised during the term of this permit, such other governmental price index or computation with which it is replaced chosen by the City will be used in order to obtain substantially the same result as would be obtained if the Index had not been discontinued or revised.
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C. Repor
ts Required. A permittee must file with the City Clerk and Finance Director, on or before January 31st after the expiration of the calendar year, or fractional calendar year, following the date of the granting of this permit and on or before January 31st after the expiration of each calendar year thereafter, two copies of a report duly verified by the oath of the permittee or by the oath of a duly authorized representative of the permittee, showing for the immediately preceding permit period:
1. The total gross receipts received by the permittee from the sale of cannabis and the use, operation or possession of this permit during the preceding calendar year, or fractional calendar year.
D. Any neglect, omission or refusal by permittee to file the verified statement required by the permit, or to pay any required payments at the time and in the manner specified is grounds for the declaration of a forfeiture of this permit and of all rights and privileges of permittee hereunder, provided that permittee has not cured said neglect, omission, or refusal to file or pay within fifteen days following written notice from the City of failure to file or pay the required amount, or, if such neglect, omission or refusal is not reasonably subject to cure within such fifteen day period, permittee has not commenced to cure such neglect, omission or refusal within such fifteen day period and has not continued to prosecute such cure to completion.
E. The fee required by this section is in addition to any taxes imposed upon a cannabis business.
6.36.110 Operations Plan Required.
A conditional use permit issued pursuant to this code for a delivery-only medical cannabis retailer permit must include, as a conditio n of approval, the operational standards set forth in this chapter . In addition, the conditional use permit must incorporate by reference an Operations Plan approved by the Police Chief, or designee.
6.36.120 Operational Standards.
A. To operate, a delivery-only medical cannabis retailer must obtain and maintain both the proper license from the state of California and a delivery-only medical cannabis retailer permit as set forth in this chapter.
B. Subject to the conditions imposed by this chapter, mobile delivery privileges may be suspended or terminated by the City Manager, or designee, as set forth in this chapter.
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C. It
is unlawful for alcohol or tobacco to be sold by a delivery-only medical cannabis retailer. Further, it is unlawful for smoking, vaporization, ingestion or consumption of alcohol, tobacco or cannabis in any form, to occur on the premises of a delivery-only medical cannabis retailer.
D. It is unlawful for cannabis or cannabis products to be publicly visible from the exterior of the property of a delivery-only medical cannabis retailer.
E. All cannabis and cannabis products sold or otherwise made available at a delivery-only medical cannabis retailer must be cultivated, manufactured, and transported by licensed facilities that maintain operations in full conformance with applicable law.
F. Each delivery-only medical cannabis retailer must provide the City Manager, or designee, with the name and telephone number of an on-site employee or owner to whom emergency notice can be provided. The telephone number provided must be capable of accepting recorded voice messages in the event the contact person does not answer.
G. It is unlawful for any person under 21 years of age to be allowed on the premises of a delivery-only medical cannabis retailer unless such person possesses a valid identification card issued by the state of California.
H. It is unlawful for any person to employ another person under the age of 21 at a delivery-only medical cannabis retailer.
I. Uniformed security personnel must be employed to monitor all entrances and exits of the delivery-only medical cannabis retailer and to serve as a visual deterrent to unlawful activities during all hours of operation. Every security guard employed by or provided by the delivery-only medical cannabis retailer must be currently licensed by the state of California and in possession of a valid “guard card.” The number of such security personnel must be set forth in the Operations Plan.
J. Odor control devices and techniques must be incorporated in a delivery- only medical cannabis retailer to ensure that odors from cannabis are not detectable outside of the delivery-only medical cannabis retailer or in any tenant space or area adjacent to the delivery-only medical cannabis retailer.
K. All law enforcement personnel seeking admission to the delivery-only medical cannabis retailer for the purpose of ascertaining compliance with the standards and regulations of this Code must always be given unrestricted access to all areas of the premises during hours of operation.
Consent to such unrestricted access must be acknowledged by the permittee and included within the Operations Plan.
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L. Al
l interior spaces of the retailer (except restrooms), and all entrances and exits to and from the premises, must be monitored by 24-hour video security surveillance of at least HD quality with night vision capability. The video security system must be compatible with software and hardware utilized by the City as determined by the Police Chief and set forth in the Operations Plan. Surveillance video must be recorded to a device that is securely located on the premises and all footage must be maintained for a minimum of 45 days. The video surveillance system specifications must be set forth in the Operations Plan before the City issues a certificate of occupancy for the delivery-only medical cannabis retailer.
M. A delivery-only medical cannabis retailer must have a professionally installed, maintained, and monitored alarm system as approved through the Operations Plan.
N. A delivery-only medical cannabis retailer must maintain a valid business license as required by this code.
O. All food products, food storage facilities, food-related utensils, equipment and materials must be approved, used, managed and handled in accordance with Health & Safety Code § 113700, et seq. All food products must be protected from contamination at all times, and all food handlers must be clean, in good health, and free from communicable diseases. The Los Angeles County Department of Public Health may inspect the delivery-only medical cannabis retailer at any time during business hours to ensure compliance with applicable law.
P. It is unlawful for a physician to be permitted in a delivery-only medical cannabis retailer at any time for the purpose of evaluating patients to issue a medical cannabis prescription or identification card.
Q. As part of the Operations Plan, permittees must execute an agreement in a form approved by the City Attorney that defends and indemnifies the City of Monterey Park, along with its officials, officers, and employees, from any claim or liability arising from the City approving a delivery-only medical cannabis retailer permit. Such agreement must be secured with sufficient insurance, as determined by the City Attorney, and a surety, as approved by the City Attorney, to adequately protect the City from any and all liability.
R. A delivery-only medical cannabis retailer permit is subject to all of the regulations and operational standards set forth in this section in addition to the conditions stated in the permit itself.
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S. Be
fore dispensing medical cannabis or medical cannabis products to any person under the age of 21, the delivery-only medical cannabis retailer must verify that the person possesses a valid identification card.
T. It is unlawful for any member of the public to be allowed on the premises of delivery-only medical cannabis retailer.
U. A delivery-only medical cannabis retailer may sell by delivery medical cannabis, medical cannabis products, and medical cannabis accessories to a person 18 years of age or older who possesses a valid identification card under Health and Safety Code § 11362.71 and a valid government- issued identification card.
6.36.130 Minimum Age for Delivery Drivers.
It is unlawful for any person under the age of 21 to be allowed to serve as a delivery driver and no person or permittee can employ a person under the age of 21 for the purpose of making mobile deliveries of any cannabis product.
6.36.140 Driver May Not Carry More Than $200.
No delivery driver may carry more than $200 in cash while engaged in the service of delivering medical cannabis or medical cannabis products.
6.36.150 Enforcement, Generally.
A violation of this chapter constitutes a misdemeanor. The City Attorney may, at his or her discretion, reduce a violation to an infraction. Any violation of this chapter may also be abated as a public nuisance. The remedies provided by this chapter are cumulative and in addition to any other criminal or civil remedies.
6.36.160 Revocation and Suspension.
A. In addition to any other penalty authorized by law, the City Manager, or designee, may suspend or revoke a delivery-only medical cannabis retailer permit for the following reasons:
1. Upon learning or discovering facts that require permit denial under this chapter that were not previously disclosed or reasonably discoverable;
2. If the permittee violates any condition imposed by this chapter or by the terms of the permit; or
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3. Vi
olation of any law of moral turpitude including, without limitation, a criminal conviction or civil liability arising from a complaint filed in a court of competent jurisdiction.
B. Notice of Suspension or Revocation. If after having determined that adequate grounds exist the City Manager, or designee, elects to suspend or revoke a delivery-only medical cannabis retailer permit, the City Manager, or designee, must serve a notice of suspension or revocation on the permittee. The notice must state the reason(s) for the action and provide information regarding the right to a hearing before the City Manager. Except as otherwise provided, the suspension or revocation of the permit does not become effective until the time for filing a request for hearing has passed or, if a request for hearing is timely filed, until the decision of the City Manager, or designee, is final.
C. The notice of suspension or revocation will be sent to the business address indicated on the permit. Service is deemed complete one business day after deposit in the United States Mail.
D. A permittee that has been served with a notice of suspension of revocation may, within five business days, request a hearing before the City Manager, or designee. The request must be made on a form approved by the City Manager or designee.
E. If a timely request for a hearing is made by the permittee, the City Manager, or designee, will schedule a hearing within 30 days. The hearing may be held in the office of the City Manager, or designee, or at an alternative location designated by the City Manager, or designee. The permittee will be notified of the time and place of the hearing at least ten days before the scheduled date.
F. If the City Manager, or designee, determines, in his or her sole discretion, that the continued operation of the delivery-only medical cannabis retailer presents an imminent threat to the public health, safety or welfare, the suspension or revocation becomes effective immediately upon notice thereof. In such a case, if the permittee requests a hearing before the City Manager, or designee, the hearing will be scheduled within seven business days. The permittee will be notified of the time and place of the hearing at least 48 hours before the scheduled date. Notice may be given by any means reasonably calculated to provide actual notice to the permittee including, without limitation, mailed notice or telephonic notice.
G. The permittee may present written and/or oral testimony and evidence at the hearing and will be provided 30 minutes for a presentation. Formal rules of evidence and procedure applicable in a court of law do not apply.
The City Manager, or designee, may, in his or her sole discretion, provide
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the
permittee additional time to present evidence, testimony and argument.
H. The City Manager, or designee, will issue a written decision within 10 business days of the hearing. If the suspension or revocation was made immediately effective, the City Manager’s written decision will be issued within five business days of the hearing. The City Manager’s, or designee’s, decision is the City’s final decision.
I. Effect of Revocation. If a delivery-only medical cannabis retailer permit is revoked, the former permittee is presumptively disqualified to apply for a new permit for a period of two years from the effective date of the revocation. This presumption may be overcome upon a showing of good cause as to why a permit should be issued following a revocation. Any such showing must be made to the City Manager’s, or designee’s, satisfaction.
SECTION 5. MPMC § 21.02.015 is added to the Monterey Park Municipal Code to read as follows:
“21.02.015 Consistency with State and Federal Law.
Unless otherwise specifically permitted by Title 21 of this Code, and notwithstanding any other provision to the contrary, no new use is permitted unless it is permitted by both State and Federal law.”
SECTION 6. MPMC § 21.04.557 is repealed.
SECTION 7. MPMC § 21.04.571 repealed.
SECTION 8. Chapter 21.27 is added to the Monterey Park Municipal Code to read as follows:
“Chapter 21.27
CANNABIS-RELATED USES
21.27.010 Purpose.
The purpose of this chapter is to establish land use restrictions for delivery- only medical cannabis retailers . Nothing in this chapter is intended to authorize any activity that is contrary to California law.
21.27.020 Definitions.
Unless otherwise provided herein, the terms used in this chapter have the same meaning as set forth in Chapter 6.36.
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21.2 7.030 Conditional Use Permit Required.
Except as otherwise provided by applicable law, it is unlawful for any person to maintain a cannabis-related use on any property in the City unless a valid conditional use permit authorizes the cannabis -related use on the subject property.
21.27.040 Location Restrictions.
A. Delivery-only medical cannabis retailers are conditionally permitted in the C-S (Commercial Services) zone and are prohibited in all other zones.
B. No conditional use permit may be issued for a cannabis-related business located on a parcel that is within 600 feet of any other parcel containing a “sensitive use,” including, without limitation, schools, religious facilities, parks, licensed child daycare facilities, youth centers or licensed drug or alcohol rehabilitation facilities. For purposes of this section, “school” includes a pre-school, transitional kindergarten, K-12 school, whether public or private.
C. Within 1,000 feet of any other parcel upon which a delivery-only medical cannabis retailer is operating.
D. A delivery-only medical cannabis retailer permit may be renewed for a cannabis-related business located on a parcel that is within the distance limitations in this section if:
1. The sensitive use located to the area after the subject delivery-only medical cannabis retailer permit was first issued;
2. The subject delivery-only medical cannabis retailer permit has not lapsed for any period of time; and
3. The cannabis-related business was in continuous operation.
E. For purposes of this section, a temporary interruption of business activity due to fire, natural disaster or other force majeure is excused provided reasonable steps are taken by the permittee to resume business operations expeditiously. The prior, temporary suspension of the delivery- only medical cannabis retailer permit does not render a permit ineligible for renewal under this section provided the applicant otherwise qualifies for renewal pursuant to Chapter 6.36.
F. The delivery-only medical cannabis retailer will utilize fewer than the minimum off-street parking spaces established by this Code.
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21.2 7.050 Distance Measurements.
The distance between parcels will be the horizontal distance measured in a straight line from any property line of the sensitive use to the closest property line of the parcel on which the cannabis -related business is to be located, without regard to any intervening structures.
21.27.060 Operations Plan Required.
In addition to any other conditions of approval deemed necessary and appropriate by the approving authority, an operations plan, including a detailed cash management plan is required as a condition of approval for any delivery-only medical cannabis retailer. If the operations and/or cash management plan include confidential and/or proprietary information the City will respect the confidentiality of the information submitted by the applicant. The required content of the operations plan is set forth in Chapter
6.36.”
SECTION 9. Table 21.10(A) of MPMC § 21.10.030 is amended to add delivery-only medical cannabis retailers as a conditionally permitted use in the C-S zone as follows (no other changes to Table 21.10(A) are intended):
“Table 21.10(A)
* * *
Delivery-only medicinal cannabis retailer X X X X C X
* * *”
SE
CTION 10. Environmental Review. The City reviewed the environmental impacts of this proposed Ordinance pursuant to 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”). No additional environmental review is required for this Ordinance pursuant to CEQA Guidelines § 15060(c)(2), § 15378(b)(5) § 15301 § 15303 and § 15061(b)(3). The proposed Ordinance is exempt from CEQA because it is a zoning text amendment which permits delivery of medicinal cannabis in the City’s commercial zone, which will not have a direct or reasonably foreseeable indirect physical change in the environment and does not qualify as a “project” under CEQA because it will not make physical changes to the environment. The proposed Ordinance is also exempt pursuant to CEQA Guidelines § 15301 and 15303 for activities that involve negligible or no expansion of use for existing facilities and for the conversion of existing small structure
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for
another use. Finally, the proposed Ordinance is exempt from CEQA under the common sense exemption that it will not affect the environment.
SECTION 11. Zoning Amendment. Pursuant to MPMC § 21.38.050, the City Council finds as follows:
A. The MPMC amendments in this Ordinance are consistent with the goals, policies and objectives of the General Plan.
1. The Ordinance is consistent with Policy 14.1 (Second-Hand Smoke Exposure — Outdoor Public Areas) of the Healthy Community Element of the General Plan as it does not affect MPMC Chapter
6.20 (Smoking Prohibited) which prohibits publicly smoking cannabis in many areas of the City.
2. The Ordinance is consistent with Goal 1 (Commercial districts that allow a variety of retail, service, and entertainment uses and that accommodate flexibility over time) of the Land Use and Urban Design Element of the General Plan as it permits delivery-only medicinal cannabis retailers to operate in the C-S Zone with a conditional use permit, fulfilling Policy 1.1’s (Flexibility) goal of providing flexibility regarding allowed uses in the City and Policy 1.3 (Economic Development) by encouraging businesses to locate in the City.
3. The Ordinance is consistent with Goal 2 (Dynamic mix of businesses, uses, and employment that sustain a strong local economy and contributes to a fiscally sustainable tax base) of the Land Use and Urban Design Element of the General Plan and Policy 2.1 (Flexibility) and Policy 2.2 (Business Growth) by providing clear development and operational standards for delivery- only medicinal cannabis retailers to operate in and thrive economically.
4. The Ordinance is consistent with Goal 1 (Fiscal Balance) of the Economic Development Element of the General Plan, which has its goals of preserving, retaining, and building the City’s tax base. This Ordinance is consistent with Goal 1 and will meet Policy 1.2 as it will encourage the growth and relocation of industries that generate local tax and employment benefits to the City.
5. The Ordinance is consistent with Goal 2 (Business Attraction and Retention) of the Economic Development Element of the General Plan as this Ordinance will help attract new businesses to the City without the need for incentives.
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B. Thi
s Ordinance will not adversely affect surrounding properties. This Ordinance adopts reasonable regulations that will ensure that non- storefront medicinal cannabis facilities in the C-S (Commercial Services) zone do not adversely affect surrounding properties.
C. This Ordinance promotes public health, safety, and general welfare and serves the goals and purposes of the MPMC’s zoning regulations. This Ordinance implements State law governing medicinal cannabis delivery facilities in the City to bring the MPMC into compliance with State law.
Reasonable regulations are proposed to promote public health, safety, and general welfare in the City.
SECTION 12. Validity of Previous Code Sections. If the entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal of the MPMC or other regulation by this Ordinance will be rendered void and cause such MPMC provision or other regulation to remain in full force and effect for all purposes.
SECTION 13. Reliance on Record. Each and every one of the findings and determinations in this Ordinance are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project. The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole.
SECTION 14. Limitations. The City Council’s analysis and evaluation of the project is based on the best information currently available. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the City Council’s lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are limitations on the City’s ability to solve what are in effect regional, state, and National problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework.
SECTION 15. Preservation. Repeal or amendment of any previous Code Sections does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.
SECTION 16. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provision or application and, to this end, the provisions of this Ordinance are severable.