Monterey Park City Council
January 17, 2024

RFP #818

CUSTODIAL SERVICES
F. Contractor shall comply with the requirements of the Displaced Janitor Opportunity Act, set forth in California Labor Code section 1060 et seq., which in part states that Contractor "shall retain, for a 60-day transition employment period, employees who have been employed b y the terminated contractor or its subcontractors, if any, for the preceding four months or longer at the site or sites covered by the successor service contract unless the successor contractor or successor subcontractor has reasonable and substantiated cause not to hire a particular employee based on that employee's performance or conduct while working under the terminated contract." (California Labor Code section 1061(b)(1).)

10. All materials and services included in the contract shall be in compliance with all Federal and State OSHA laws.

11. I nsurance: The contractor shall provide a copy of their existing liability insurance in the amounts of $2,000,000 per occurrence naming the City of Monterey Park and Its employees and officers, as additionally named insured. Before a contract is entered into with the successful vendor, the bidder shall present evidence in writing to the City that he has current Liability, Vehicle, and Workers Compensation Insurance {if applicable).

12. The City reserves the right to negotiate for higher level, lower level, or additional services.

13. The term of this contract shall be thirty-six (36) months from the date of signing, provided the service remains satisfactory and the Contractor adheres to the conditions of the maintenance contract. The contract may be renewed for an additional twenty-four (24) months upon mutual consent. At any time, however, this agreement may be terminated by either party by giving written notice of such termination at least thirty (30) days prior to the date of termination.

14. Inspections of the City facilities involved in this contract will be performed at least once a week by the Maintenance Manager or his Designated Monitors for the area to be cleaned.

When contract violations or discrepancies occur, the first warning will be verbal, and the second violation for the same type of offense will be a written warning. Unless satisfactory corrective action occurs within eight (8) hours for major health problem violations or within twenty-four (24) hours of notification for successive violations, a Written Notice of Violation will be created. The Written Notice of Violation will be a permanent part of the contractual record, and can be referenced for a possible termination of the contract. If more than three (3) Written Notices of Violation occur within a month for the same type offense, particularly related to health violations (such as not cleaning restrooms, kitchen areas, etc.), this will be considered Noncompliance Default of Contract and the contract can be terminated.

15. The City may by written notice terminate the contract for Contractor's default if the contractor refuses or fails to comply with the provisions of the maintenance contract.

Also, if the contractor falls to cure or correct services not handled properly within the time specified, or within any written extension time given by the City, the City may secure the service elsewhere, and the Contractor shall be liable to the City for any excess costs incurred. The City reserves the right to prorate monthly payment for areas not cleaned according to bid specifications.

16. At the discretion of the City, the Contractor may be required to fill out and initial forms provided by the City to indicate the completion of duties required on a daily, weekly, monthly and quarterly basis. Failure to utilize or provide accurate information on the forms supplied by the City may result in termination of the contract.

RFP #818

CUSTODIAL SERVICES

17. Contractor shall indemnify, defend, keep, and hold the City harmless from any and all costs, liability, damage, or expenses by anyone by reason of injury to or death of persons, damage to or destruction of property, including property of Contractor, arising out of Contractor's transportation, sale and delivery to the Point(s) of Delivery as a proximate result of the acts or omissions of Contractor and Contractor's subcontractors of any tier and its or their directors, officers, servants, agents, employees, or their successors.

CUSTODIAL SERVICES

JAIL FACILITIES CUSTODIAL SPECIFICATIONS
A. DAILY SERVICES - Provide a person seven days a week from 5:00 a.m. to 10:00 a.m.:

1. Scrub and mop all concrete floors with an approved disinfectant cleaner,

2. Empty all trash containers and remove trash to pickup areas. Maintain and replace plastic liners.

3. Thoroughly clean with a germicidal solution all counters, water fountains, shower stall, cell bars located in booking area, and all cells.

4. Wipe down all mattresses with a germicidal solution.

5. Keep all tiled surfaces including tile joints, corners and edges free of dirt, stains, and soap or mineral deposits.

6. Clean, polish and sanitize all stainless steel surfaces in the jail.

B. THREE TIMES WEEKLY - (days to be designated by Jail Supervisor):

1. Scrub down all Jail surfaces with a germicidal solution including all walls, light fixtures, and diffusers and ceilings.

2. Sweep Sally Port area and remove all trash to pickup areas.

RFP #818

CUSTODIAL SERV ICES
V. PROPOSAL REQUIREMENTS AND CONTENTS
Each vendor shall meet all of the specifications. Non-substantial deviations may be considered provided the vendor submits a full description and explanation of, and justifications, for the proposed deviations.

Final determination of any proposed deviation will be made by the City of Monterey Park.

The City of Monterey Park, California, reserves the right to purchase the proposal, which in our opinion represents the best value to the City for the duty to be performed.

The proposals submitted for this project are to follow the outline described below and must address all requested information. Any additional information that the vendor wishes to include should be included in an appendix to the proposal.

SECTION 1 - Introduction
Provide a brief description of the vendor and a statement of qualifications for performing the requested services.

SECTION 2 - Experience
Provide a summary of the vendor's prior experience with similar projects. This section should include specific and detailed descriptions of similar projects performed previously, project results, client name, contact information, and year completed.

SECTION 3 - Project Overview
Provide a narrative description of the project, based on the scope of work presented in the RFP. Include any issues that you believe will require special consideration for this project. Also identify any unique approaches or strengths your fir m may have related to this project. City staff will assess your understanding of all aspects of the project based on the overview.

SECTION 4 - Detailed Work Plan
Respond to all requirements defined in the scope of work. If any of the requirements cannot be supported, provide a recommendation for an alternative approach. Provide a description of the required tasks for the implementation and post-implementation support. Include the tasks needed to complete the project and any recommended additions to the requirements. Also document assumptions used in development of the work tasks, including assistance needed from City staff, and required hardware and software.

SECTION 5 - Project Schedule
Include a project schedule for each key focus area of the project, as identified in the scope of work and a date for completion and to "go live."
SECTION 6 - Project Cost
Provide a cost proposal identifying costs related to the location specified in this RFP, implementation, and ongoing costs. This cost proposal must specify the Monthly and Annual cost for the location listed in the proposal.

SECTION 7 - Project Alternatives
Describe how the cost of the proposal could be reduced if necessary. Identify the tasks that would be eliminated or scaled back.

SECTION 8 - Project Team
Identify the project team (including proposed sub-consultants), with key tasks and associated responsible personnel. Provide an organization chart depicting the project team members proposed by the vendor.

Also identify the geographic locations of the vendor and key personnel.

RFP #818

CUSTODIAL SERVICES
SECTION 9 - Conflicts of Interest
Vendors submitting a proposal in response to this RFP must disclose any actual, apparent, direct, indirect, or potential conflicts of interest that may exist with respect to the vendor, management, or employees of the vendor or other persons relative to the services to be provided. If a vendor has no conflicts of interest, include a statement to that effect in the proposal.

SECTION 10 - Insurance
Provide summary of the vendors (and sub-consultant's) insurance coverage. Requirements for minimum limits and types of insurance are identified in the sample contract attached as EXHIBIT A.

SECTION 11 - Signatures
The proposal must be signed by an official authorized to bind the vendor and must expressly state that the proposal is valid for 90 days.

SECTION 12 - Sample Billing
Please provide a sample billing to indicate how your bills would be presented to the City clearly showing the work provided and the specific locations for the service being provided.

VI. PROPOSAL SU BM ITT AL
Submit three (3) copies of the proposal to;
City of Monterey Park Police Department
Attention: Sergeant Paul Villalobos
Re: RFP No. 818
320 W Newmark Avenue
Monterey Park, CA 91754
The proposal shall be enclosed in an envelope, which shall be sealed and addressed as stated above. Only one proposal per envelope. Additionally, the completed proposal should be clearly labeled with the proposal title and name of proposing vendor.

The deadline for submittal is by and no later than 2:00 p.m. on October 13, 2016. Proposals delivered after the deadline or to the wrong location may be rejected and returned un-opened.

VII. PROPOSAL TERMS AND CONDITIONS
There is no expressed or implied obligation of the City of Monterey Park to reimburse responding firms for any expenses incurred in preparing proposals in response to this request. Materials submitted by respondents are subject to public inspection under the California Public Records Act (Government Code Sec. 6250 et. seq.), unless exempt.

The City of Monterey Park reserves the right to reject any or all proposals submitted and/or waive any irregularity.

During the evaluation process, the City of Monterey Park City reserves the right, where it may serve the City's best interest, to request additional information or clarifications from proposers, or to allow corrections of errors or omissions. At the discretion of the City, firms submitting proposals may be requested to make oral presentations as part of the evaluation process.

This RFP does not constitute any form or offer to contract.

RFP #818

CUSTODIAL SERVICES
Part of the contract process will include a standard livescan background fingerprinting for a criminal history check is made on all potential custodians through the completion of a Department of Justice (DOJ) Live Scan. Only those custodians that have gone through the Live Scan process and have been approved by the Monterey Park Police Department will receive approval to work at City Locations according to the specifications of this contract.

VIII TIMELINE (Dates are approximates and are subject to change) Request for Proposal Release
*Mandatory Conference/Walk-Through
Proposals Due
September 15, 2016
September 29, 2016, at 10:00 a.m.

October 13, 2016, by 2:00 p.m.
*Mandatory Conference/Walk-Through
Location: City Hall Community Room
320 W. Newmark Ave.

Monterey Park. CA. 91754
IX. SAMPLE CONTRACT See Exhibit A

RFP #818

CUSTODIA L SERVICES
Proposal Due Date: October 13, 2016, by 2:00 p.m.

SEND TO:

City of Monterey Park Police Department
Attention: Sergeant Paul Villalobos
Re: Bid No. 818
320 W Newmark Avenue
Monterey Park, CA 91754

Staff Report
January 17, 2024
ATTACHMENT 2
Proposal from Efficient Janitorial Services

~ .I "'
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.....

REQUEST FOR PROPOSAL RFP NO. 818
For Custodial Services for the Monterey Park Police Jail Facility Efficient Janitorial Services
Ezequiel Lopez Velasco
[email protected]
Tel. (626) 232~2594

Table of Contents
I. Introduction Page3
II. Experience Page3
Ill. Project Overview Page4
IV. Detailed Work Plan Page5
V. Project Schedule Page9
VI. Project Cost, Page 9
VII. Project Alternatives Page 10
VIII. Project Team Page 10
IX. Conflicts of Interest Page 10
X. Insurance Page 10
XI. Signatures Page 11
XII. Sample Billing Page 11

I. Introduction
My name is Ezequiel Lopez Velasco and I have performed custodial services for the Police Department of Monterey Park for the past 20 years through different custodial companies. I know that I am well qualified for the opening contracting position because of my vast years of experience.

When it comes to performing janitorial services, I know not to disturb papers on desk and/or invade the police officers personal/private property. I am competent with the Building Regulations governing admittance into facilities.

II. Experience
Throughout the past 20 years I have complied with the jail facilities custodial specifications. The specifications that I have performed are as follows:

City of Monterey Park- September 5, 2016- Current 2016
Contact Information: 320 W. Newmark Ave Monterey Park, CA 91754 Tel. 626.307.1435 Daily Services:

Sweep and mop the hallways of the prison cell/facilities this includes rooms starting from the entrance to the end of the prison cell room/facilities. Clean the showers and restroom with germicidal solutions. Also clean dispatch room; this includes cleaning sink, mirror and toilet with germicidal solutions. Sweep and mop floors and vacuum carpet area. Empty trash containers and replaced with new trash bag. When the dispatch room is being clean it is done with minimal noise and distraction to the workers due to the severity of their job. Additional cleaning that I do for the premises Police Department of Monterey Park includes:

1. Scrub and mop all concrete floors with approved disinfecting cleaners.

2. Emptying all trash containers and removing trash to pick up areas. Maintaining and replacing plastic liners.

3. Using germicidal solutions to clean all counters, water fountains, shower stalls, cell bars located in booking areas, and all cells.

4. Wipe down all mattresses with germicidal solutions.

5. Keep all tile surfaces including tile joints, corners and edges free of dirt, stains, and soap or mineral deposits.

6. Cleaning, polishing, sanitizing all stainless steel surfaces in the jail.

Every other day Services:

1. Scrubbing down all jail surfaces with germicidal solutions including all walls, light fixtures, and diffusers in ceilings.

2. Sweeping sally port area and removing all trash to pick up areas.

Come Land Maintenance Company- 2003-2016
Contact Information: 1419 N. San Fernando Blvd. #250 Burbank, CA 91504 Tel. 818.567.2455
Sweep and mop the hallways of the prison cell/facilities this includes rooms starting from the entrance to the end of the prison cell room/facilities. Clean the showers and restroom with germicidal solutions. Also clean dispatch room; this includes cleaning sink, mirror and toilet with germicidal solutions. Sweep and mop floors and vacuum carpet area. Empty trash containers and replaced with new trash bag. When the dispatch room is being clean it is done with minimal noise and distraction to the workers due to the severity of their job. Additional cleaning that I do for the premises Police Department of Monterey Park includes:

Daily Services:

1. Scrub and mop all concrete floors with approved disinfecting cleaners.

2. Emptying all trash containers and removing trash to pick up areas. Maintaining and replacing plastic liners.

3. Using germicidal solutions to clean all counters, water fountains, shower stalls, cell bars located in booking areas, and all cells.

4. Wipe down all mattresses with germicidal solutions.

5. Keep all tile surfaces including tile joints, corners and edges free of dirt, stains, and soap or mineral deposits.

6. Cleaning, polishing, sanitizing all stainless steel surfaces in the jail.

Every other day Services:

1. Scrubbing down all jail surfaces with germicidal solutions including all walls, light fixtures, and diffusers in ceilings.

Ill. Project Overview
It is my intent to provide Custodial Services for the City's Police Jail Facility. All the services I provide shall be in a professional manner in conformance with standard and acceptable business practices. I understand that the City's Jail F~cility will provide materials, supplies, and equipment. I will keep the space orderly and clean to conform with requirements for safety and fire prevention. I will not keep combustible materials stored in buildings. The dust mops and treated clothes shall be stored in Underwriters Lab Approved containers once finished with their use. I understand that all permanently installed fixtures become property of the City at the termination of the service agreement. I will report emergency conditions immediately and will divert from my regular duties, if necessary, to clean-up. No additional charges will be made unless I use extra labor to meet norma r assignments. I will provide coverage for emergencies ·1 i I' ,

(refer to section IV number 6 under detailed work plan). I will provide the best custodial services even if they are not listed under the requirements. My work schedule will adhere to the Jailer's schedule. Please refer to Section IV number 9 regarding my understanding of Contractor's Employees. I am competent with all Federal and State OSHA laws. My insurance adheres to the required liability insurance necessary to obtain contract. I am aware that the City reserves the right to negotiate for higher level, lower level, or additional services. I understand all terms of contract and the process of renewal or termination. I have a full understanding of the contract violations and discrepancies and how there will be verbal and or written warnings. I understand that the City holds a right to terminate my contract if I refuse or fail to comply with the provisions of the maintenance contract and prorate monthly payment for areas not cleaned, according to my bid specifications. If the City chooses to provide forms that indicate the completion of duties, I will fill out and initial. I shall indemnify, defend, keep, and hold the City harmless from any and all costs, liability, damage, or expenses by anyone by reason of injury to or death of persons, damage to or destruction of property, including my property, arising out of my transportation, sale and delivery to the Point(s) of Delivery as a proximate result of the acts or omissions of Contractor and Contractor's subcontractors of any tier and its or their directors, officers, servants, agents, employees, or their successors.

I will provide daily services of scrubbing and moping all concrete floors with approved disinfecting cleaners. I will empty all trash containers and remove trash to pick up areas.

I will maintain and replace plastic liners. I will use germicidal solutions to clean all counters, water fountains, shower stalls, cell bars located in booking areas, and all cells.

I will wipe down all mattresses with germicidal solutions. I will keep all tile surfaces including tile joints, corners and edges free of dirt, stains, and soap or mineral deposits.

I will clean, polish, sanitize all stainless steel surfaces in the jail. Every other day I will scrub down all jail surfaces with germicidal solutions including all walls, light fixtures, and diffusers in ceilings. I will also sweep sally port area and removing all trash to pick up areas.

Relating to this project, after 20 years of experience, I know I am competent enough to perform the custodial services that the City requests. I have acquired the skills to work fast and efficiently.

IV. Detailed Work Plan
Response to Requirements and Scope of Work:

1. It is the intent of this specifications to provide custodial services for the City's Police Jail facility.
a. Understood.

2. All services shall be performed by trained and supervised staff in a professional manner in conformance with standard and acceptable business practices.

Materials, supplies, and equipment furnished by the contractor shall be of equal quality to the most suitable grade of each article as it used in standard acceptable building maintenance operations and are subject to the approval of the city.
a. Understood.

3. The city will furnish:
a. electrical power and hot and cold water
b. all necessary cleaning supplies (mops, mop heads, brooms, cleaners, disinfectants, trashcan liners, hand soaps, toilet tissue, paper towels, etc.) c. Understood both a and b.

4. Unlimited amount of storage space for contractor's tools, equipment, and supplies shall be provided by the city. This space shall be kept orderly and clean by the contactor and shall conform to requirements for safety and fire prevention.

Combustible materials shall not be stored in buildings, dust mops and treated clots shall be stored in underwriter's lab. Contractor shall provide additional shelfs, hooks, racks etc. necessary for proper storage of tools, equipment and supplies. All permanently installed fixtures become property of the city at the termination of the service agreement.
a. Understood.

5. Emergency conditions brought about by plumbing failure, etc., shall be reported promptly in accordance with instructions furnished the contractor. Contractor's employees shall be diverted from their regular duties to clean up in the event of emergencies. No additional charge should be made for such diversions unless extra labor is required to meet normal assignments.
a. Understood.

6. Contractors shall provide coverage for emergencies. Proposals must include an hourly cost breakdown for extra labor in case of an emergency coverage or additional service that may be required.
a. Understood.

Emeraencies Hourly
Within business hours 5:00 am-
10:00 am $0.00
After business hours 5:00 am-
110:00 am $25.00 everv hour

7. Contractor will furnish all qualified labor to satisfactorily perform the custodial services specify herein at the frequencies and during the time shown. It is intended that the services include all functions normally considered consistent with satisfactory custodial work, whether or not specifically listed herein. a. Understood.

8. Contractor must be willing to work with the Jailer regarding work schedule. a. Understood.

9. Contractors employees
6 I 1' ,, ,.!. ,.

a. General: employees are not to disturb papers on desk; open drawers, cabinets, files or book cases; refrigerators or use telephones, computers, offices machines, kitchen appliances, televisions, games, etc. b. Compliance with Building Regulation: Employees hall comply with all regulations issued by the city governing admittance.
c. Employee Qualifications: All employees assigned by the contractor shall be fully capable, experienced, and trained in the work they are employed to perform. They shall be physically able to do their work and be free from any communicable disease. The contractor shall submit names and addresses of all employees engaged in work specified herein or having access to the building inspecting or supervisory capacity and will require the completion of application of fingerprint cards as required. d. Clearance of Personnel: The city shall and exercise full and complete control over granting, denying, withholding, or terminating clearances for contractor's employees. Employees whom the city deems careless, discourteous, or otherwise objectionable or who do not meet standards required for security or other reasons, will be prohibited from entering the building to perform work.
e. Prior to the execution of the maintenance agreement, contractor must provide proof of employee bonding to the city clerk in the amount of not less than $5000 per employee who will be working in cities police jail. f. Contractor shall comply with the requirements of the Displaced Janitor Opportunity Act, set forth in California Labor Code section 1060 et seq., which in part states that Contractor "shall retain, for a 60 day transition employment period, employees who have been employed by that terminated contractor or its subcontractors, if any, for the preceding four months or longer at the site or sites covered by the successors service contract unless the successor contractor or successor subcontractor has reasonable and substantiated cause not to hire a particular employee based on that employees performance or conduct while working under the terminated contract." (California labor code section 1061(b)(1).) g. a--f, Understood.

10.AII materials and services included in the contract shall be in compliance with all federal and state OSHA laws.
a. Understood.

11. Insurance: The Contractor shall provide a copy of their existing liability insurance in the amount of $2 million per occurrence naming the City of Monterey Park and its employees and officers, as additionally named insured. Before a contract is entered into the successful vendor, the bidder shall present evidence in writing to the City that he has current Liability, Vehicle, and Workers Compensation Insurance (if applicable).
a. Understood, but no vehicle insurance will be covered.

12. The city reserves the right to negotiate for a higher level, lower level, or additional services.
a. Understood.

13. The term of this contract shall be 36 months from the date of signing, provided the service remains satisfactory and the Contractor adheres to the conditions of the maintenance contract. The contract may be renewed or an additional 24 months upon mutual consent. At any time, however, this agreement may be terminated by either party by giving written notice of such termination at least 30 days prior to the date of termination.
a. Understood.

14. Inspections of the city facilities involved in this contract will be perform at least once a week by the maintenance manager or his designated monitors or the area to be clean. When contract violations or discrepancies occur, the first warning will be verbal, and the second violation for the same type of offense will be written warning. Unless satisfactory corrective action occurs within eight hours for major health problem violations or within 24 hours of notification for successive violations, a written Notice of Violation will be created. The Written Notice of Violation will be a permanent part of the contractual record, and can be referenced for a possible termination of the contract. If more than three Written Notice of Violation occur within a month for the same type offense, particularly related to health violations (such as not cleaning restrooms, kitchen areas, etc.), this will be considered Noncompliance Default of Contract and the contract can be terminated.
a. Understood.

15. The City may by written notice terminate the contract for Contractor's default if the contractor refuses or fails to comply with the provisions of the maintenance contract. Also, if the contractor fails to cure or correct services not handled properly within the time specified, or within any written extension time given by the City, the City may secure the service elsewhere, and the Contractor shall be liable to the City for any excess costs incurred. The City reserves the right to prorate monthly payment for areas not cleaned according to bid specifications. a. Understood.

16. At the discretion of the city, the contractor may be required to fill out and initial forms provided by the city to indicate the completion of duties required on a daily, weekly, monthly and quarterly basis. Failure to utilize or provide accurate information on the form supplied by the city may result in termination of the contract.
a. Understood.

17. Contractor shall indemnify, defend, keep, and hold the City harmless from any and all costs, liability, damage, or expenses by anyone by reason of injury to or death of persons, damage to or destruction of property, including property of Contractor, arising out of Contractor's transportation, sale and delivery to the Point(s) of Delivery as a proximate result of the acts or omissions of Contractor

and Contractor's subcontractors of any tier and it's or their directors, officers, servants, agents, employees, or their successors.
a. Understood.

V. Project Schedule
To go live once hired by City of Monterey Park Police Department ·-·- --·
Work Hours consist of seven daYs a week from 5:00 am to 10:00 am Time
Q!IJJY- Services management_
Scrub and moE!_ all concrete floors with an a20roved disinfectant cleaner 30 minutes Emptying alt trash containers and removing trash to pick up areas. Maintaining and ··-
re2lacin9 ~lastic liners 20 minutes
Using germicidal solutions to clean all counters, water fountains, shower stalls, cell -- ·- bars located in booking areas, and all cells 45 minutes .. "'[Jee down all mattresses with germicidal solutions. 45 minutes Keep all tile surfaces including tile joints, corners and edges free of dirt, stains, and soaQ or mineral deposits. 20 minutes
S Jelaning. QOlishing, sanitizing all stainless steel surfaces in the jail. 30 minutes _Qispatch Room 30 minutes
.!!'lree times w~ekly
"'Scrubbing down all jail surfaces with germicidal solutions including all walls, light fixtures, and diffusers in ceilings. 1 hour *Sweeping sally port area and removing all trash to pick up areas. 20 minutes -· - "Time management subject to change to accommodate weekly duties. Total 5 hours Vt. Project Cost
Custodial Services for the Monterey Park Police Jail Facility (Including services found in "Section V. Project Schedule" of this proposal) Project Cost Proposal
Monthly cost $2,585.42
Annually cost $31,025.00
Emerqencv Cost Hourlv
Within business hours 5:00 am-10:00
am $0.00
After business hours 5:00 am- 10:00 am $25.00 every hour

H. Proiect Alternatives
?rocosai NO. 818 Custodial Services for the Monterev Park Police Jail =aciiitv did not include disoatch room. As a Janitor for the Monterey Park ;)olice Jail Facilitv mv duties included cleaning the dispatch room. Before NorKInq with the Monterey Park Jail Facility I was working for Come Land 0i1aintenance Comoanv that also included cleaning the dispatch room. My proJect cost includes the disoatch room. The cost of orooosal can be reduced if necessary by eliminating cleaning of the disoatch room". "Project Alternative Cos(
$2,326.60 I
27,922.Su.

VIII. Project Team
There will be no sub-consultants or project team. I am self-employed and if hired I will be completing Custodial Services for the Monterey Park Police Jail Facility. I will have a designated person to work in my place in case of an emergency, if I become ill, or if vacation time arises. The person that would fill in for my shifts would meet the requirement that the City of Monterey Park requires upon entrance into the premises of the Police Jail Facility.

IX. Conflicts of Interest
There is no conflict of interest.

X. I nsurance
i- - TAke into effect
I l~ oo~ ~ ~ .

City of Monterey
Park Police
Tap_co Insurance Services (CA License # 0G63253) DeQartment Location: Ameego Insurance (Lie #OF97597) 10954 Valley
Mall El Monte, CA 91732 Tel. 626.452.9252
Coverage I General Liability:

General Aoor~,aate $2 000 000.00
]3! rsonal lnjurk'.IAdvertising lnjurv $2 000,000.00 ..

Each Occurrence Limit $2,000,000.00
<
Damage to Premises Rented to You $100,000.00
Medical Pa~ments $5,000.00
81/PD/P&AI Deductible Per Claimant $500.00

XI. Signatures
The proposal must be signed by an official authorized to bind the vendor and must expressly state that the proposal is valid for 90 days a. Agree and understood.

XII. Sample of Billing
Efficient Janitorial Services
Ezequiel Lopez Velasco
Tel. (626) 232.2594
[email protected]
···-- -- ------------------------ -.------ -.

Invoice #01
.. -·-·- .. --- Se- rv- ic_e_s_R-endei For Cus-todial Services for the Monterey _ Park Police Jail Facility Date: Every 1st
320 W. Newmark Avenue Monterev Park. CA 91754 of the Month Daily Services: Description

1. Scrub and mop all concrete floors with approved disinfecting cleaners.

Emptying all trash containers and removing trash to pick up areas. Maintaining and reolacina olastic liners. ,____ ___,:_;.,;...._....;c..;..;.:~ J......:..;....;-'-',.C-...."----- ---- ----- -+ ------ 1 Using germicidal solutions to clean all counters, water fountains, shower stalls, cell bars located in booking areas, and all cells.

2. 3.

4. Wipe down all mattresses with germicidal solutions.
5 Keep all tile surfaces including tile joints, corners and edges free of dirt stains and soap or mineral deposits. -·•- ------- __, .___ _ _.._ __ __,__ ._._ -t

6. Cleaning, polishing, sanitizing all stainless steel surfaces in the jail.
1- __ 7_. _, ... _D ........ is.......,oat;..;.c....;h....;;.R_o~o .... m_ .. ., ._~--· ThJe~ times weekly Services: DescriQ!i_c:>-'n -t- _

1. Scrubbing down all jail surfaces with germicidal solutions including all walls, light fi~!ure~. and diffusers in ceilings.

Sweeping sally port area and removing all trash to pick up areas.

2. Monday-Sunday 5:00 am -10:00 am
Job total: * Monthly
$2,585.42
"Based on Project Cost Proposal subject to change if Project Alternative is chosen ll j F .Jg •:

City Council Staff Report
DATE: January 17, 2024
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: Preferential Parking District: E. Hellman Avenue from N. Alhambra Avenue to N. Nicholson Avenue.

RECOMMENDATION:

It is recommended that the City Council consider:

1. Adopting a Resolution designating E. Hellman Avenue from N. Alhambra Avenue to N. Nicholson Avenue among the preferential parking districts; and

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

EXECUTIVE SUMMARY
The City received a petition to designate a preferential parking district along E. Hellman Avenue from N. Alhambra Avenue to N. Nicholson Avenue. Staff investigated the proposed parking district and the surrounding street parking conditions. It is recommended that City Council adopt a resolution designating E. Hellman Avenue from N. Alhambra Avenue to N. Nicholson Avenue as a preferential parking district.

BOARD/COMMISSION REVIEW:

On August 17, 2023, staff presented the request for a permit parking district on E. Hellman Avenue from N. Alhambra Avenue to N. Nicholson Avenue to the Traffic Commission.

Staff provided an overview of the request and survey findings which did not support the establishment of a parking district . It was recommended that a dditional monitoring be conducted as the parking surveys were completed during the time that the neighboring school, Mark Keppel High School, was not in session. On October 19, staff presented the results of the secondary monitoring and recommended that the City Council designate a preferential parking district along E. Hellman Avenue from N. Alhambra Avenue to N.

Nicholson Avenue.

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 § 15 303 exempts activity that results in new construction or conversion of small structures. The Resolution creates a preferential parking district governing parking within a designated area and which requires installation Consent Calendar - 3H

Staff Report
January 17, 2024

of pedestrian level street signage. Accordingly, the Resolution is exempt from further review.

BACKGROUND
On December 6, 2023 the City adopted Ordinance 2238, amending the Monterey Park Municipal Code (“MPMC”) by adding Chapter 10.68 entitled “Preferential Parking Permits” which provides a process for residents to petition the City to establish a permit parking area, and the criteria for considering residential parking districts.

The residents of E. Hellman Avenue from N. Alhambra Avenue to N. Nicholson Avenue petitioned the City for the establishment of a preferential parking area due to the excess number of vehicles from outside of the neighborhood taking up limited street parking. The petition included signatures from ten residents occupying the twelve dwelling unitswithin the proposed parking area. This meets the minimum 6 6% requirement that the petition be signed by not less than residents living in at least 66% of the dwelling units in the proposed specified area.

E. Hellman Avenue is considered a local roadway and it is approximately 32 feet wide with one travel lane in each direction and parking on both sides of the road. Hel lman Avenue North of the centerline is in the City of Alhambra right of way. Parking is allowed on the proposed street segment at all times except on Thursdays from 8:00 a.m. to noon due to street sweeping and two existing 20-feet of red curb at both ends of the proposed segments. Land use along the studied segment is multi-family residential. Designation as a permit parking area may provide practical and convenient parking benefits to the residents and add to their quality of life. All of the properties fronting the proposed segment of Hellman have on-site parking, with long driveways. The City of Alhambra does not allow overnight parking on city streets, so it is common for Alhambra residents to park on Monterey Park streets.

Staff performed monitoring upon receipt of the petition for permit parking. However , the results of the initial monitoring did not support the petition . It was recommended that additional monitoring be conducted as the parking surveys were completed during the time that the neighboring school, Mark Keppel High School, was not in session. Additional monitoring of cars parked along the proposed segment was conducted at various times of the day and night when school was back in session and it was determined that during 70% of the days evaluated, 50% or more of the cars parked along the studied segment were out of the area. In addition, the field monitoring determined that throughout the overall study, 62% of the cars during the monitoring were out of the area.

If approved by the City Council, the proposed parking district on E. Hellman Avenue would restrict parking 24 hours a day, seven days a week adjacent to the residential area. The limits of the permit parking will start from N. Alhambra Avenue to N. Nicholson Avenue.

Staff Report
January 17, 2024

E. Hellman Avenue from N. Alhambra Avenue to N. Nicholson Avenue – Location map

PROPOSED HELLMAN ST. PERMIT PARKING
Address No. Street
631 N. Alhambra
314 Hellman
316 Hellman
322 Hellman
326 Hellman
330 Hellman
630 N. Nicholson

No other changes are recommended.

FISCAL IMPACT
Residents living in the parking districts receive up to four free parking permits per property. The cost to replace a lost parking permit is $30. While there is an initial fiscal impact due to costs incurred by the permit issuance, this will be offset by the revenue from violations. The cost for a restricted parking citation is currently $60. The table below shows the number of citations issued and associated revenue for the last three fiscal years.

Staff Report
January 17, 2024

Citations Revenue
(includes late fees)
FY 2020-21 694 $42,044
FY 2021-22 1,303 $84,344
FY 2022-23 1,060 $73,392

Respectfully submitted by: Prepared By:

Shawn Igoe
Public Works Director
Ziad Mazboudi, PE
Engineering Manager

Approved by:

Reviewed by:

Inez Alvarez
City Manager
Justin A. Tamayo
Deputy City Attorney

ATTACHMENTS

1. Parking District Petition

2. August 17, 2023 Traffic Commission Staff Report (without exhibits)

3. Resolution

Staff Report
January 17, 2024
ATTACHMENT 1

PARKING DISTRICT PETITION

PARKING DISTRICT PETITION

Staff Report
January 17, 2024

ATTACHMENT 2
AUGUST 17, 2023 TRAFFIC COMMISSION

STAFF REPORT (WITHOUT EXHIBITS)

Traffic Commission Staff Report

PROPOSAL
The Commission is asked to consider a request for residential permit parking district on E.

Hellman from N. Alhambra to N. Nicholson Avenue.

FACTS

1. The Engineering Department received a petition from the residents on E. Hellman from N. Alhambra to N. Nicholson Avenue, requesting the creation of residential permit parking and restricting parking along the street segment, 24 hours a day, seven days a week.

2. The residents state that vehicles from outside of the neighborhood and will park on the street for the entire day, taking up limited street parking and occasionally leaving trash upon the street.

3. The signatures collected on the petition represent 9 out of 12 properties residents within the segment in the affected area, and meets the required 67% of resident approval in the described limits.

FINDINGS
Staff investigated the proposed permit limits and the surrounding street parking conditions.

Non-district resident vehicles have been observed parking along the requested segment due to limited street parking. These vehicles along with the existing residences compete for limited available parking. However there appear to be plenty of available parking spaces for residents, during the day even with out of district cars parked.

A petition from the adjacent property residents was submitted to the City which has signatures from 9 residents representing the 6 properties within the area proposed for designation as a permit parking area. This exceeds the minimum 67% required in order to establish a preferential permit parking district.

DATE: $XJXVW , 2023
AGENDA ITEM NO: 4-C
TO: T r a f f i c C o m m i s s i o n
FROM: Z i a d Y . M a z b o u d i , P E , E n g i n e e r i n g M a n a g e r SUBJECT:

REQUEST FOR PERMIT PARKING DISTRICT ON E. HELLMAN
AVENUE FROM N. ALHAMBRA AVENUE TO N. NICHOLSON
AVENUE

ANALYSIS

Hellman Avenue is considered a local roadway and it is approximately 32’ (feet) wide with one travel lane in each direction and parking on both sides of the road. Helman Avenue North of the centerline is in the City of Alhamb ra right of way. Parking is allowed on the proposed street segment at all times except on Thursdays from 8:00 a.m. to noon due to street sweeping. and two existing 20-feet of red curb at both ends of the proposed segments. Land use along the studied segment is Multi-family Residential. Designation as a permit parking area may provide practical and convenient parking benefits to the residents and add to their quality of life if deemed necessary. All of the properties fronting the proposed segment of Hellman have on site parking, with long driveways.

Staff performed 14 days of monitoring of cars parked along proposed segment at various times of the day and determined that 50% of the days evaluated, at least 50% or more of the cars parked along the studied segment were out of the area. In addition, the field monitoring determined that 43% of the cars during the 14 days of monitoring were out of the district. However, there are 20 available parking spaces along the frontage of E. Hellman Avenue from N. Alhambra to N. Nicholson Avenue.

Day Cars out
of MP
Cars
from
MP
Total
cars
parked
Total Available
parking spaces
empty parking
spaces
1 4 4 8 20 12
2 4 5 9 20 11
3 6 6 12 20 8
4 4 7 11 20 9
5 2 9 11 20 9
6 5 7 12 20 8
7 2 4 6 20 14
8 3 9 12 20 8
9 4 4 8 20 12
10 7 7 14 20 6
11 5 10 15 20 5
12 8 8 16 20 4
13 7 5 12 20 8
14 8 6 14 20 6

Staff was informed following the completion of the investigation that it is possible that the data gathered does not show the problem because the investigation took place when the school is out, and was not done at night. Staff informed the residents that a follow-up investigation can be completed once the school is open, and include night survey. If it is determined that the problem is different than what was discovered during the initial investigation, then staff will bring the item back to the Traffic Commission with a different recommendation.

RECOMMENDATION

It is recommended the Commission move to deny the proposed residential permit parking on E. Hellman from N. Alhambra to N. Nicholson Avenue, and to recommend that staff continue working with the residents affected and perform additional investigation to determine if night time parking and parking during regular school days justify the request for permit parking.

Staff Report
January 17, 2024

ATTACHMENT 3

RESOLUTION

RESOLUTION NO.

A RESOLUTION DESIGNATING A PREFERENTIAL PARKING
DISTRICT ALONG E. HELLMAN AVENUE

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

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

A. In July 2023 the residents of E. Hellman Avenue from N. Alhambra Avenue to N. Nicholson Avenue petitioned the City for the establishment of a preferential parking area (the “Petition”).

B. This Resolution is adopted in accordance with Vehicle Code § 22507 and Monterey Park Municipal Code (“MPMC”) Chapter 10.68 , which regulates permit parking in specified areas within the City’s jurisdiction , and creates a preferential parking district along the south side of E. Hellman Avenue, between N. Alhambra Avenue and N. Nicholson Avenue (the “Hellman District”).

C. This Resolution was reviewed by the Director of Public Works for consistency with the Monterey Park Municipal Code (“MPMC”).

D. The City reviewed this Resolution’s environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”), the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et set., the “CEQA” Guidelines”), and the City’s Environmental Guidelines.

E. This Resolution is adopted based upon the entirety of the administrative record including, without limitation, the staff reports submitted to the Traffic Commission and City Council.

SECTION 2: Findings. Pursuant to MPMC 10.68.160, the City Council makes the following findings:

A. The petition included signatures from ten residents occupying the twelve dwelling units within the proposed parking area.

B. The north side of E. Hellman Avenue, between N. Alhambra Avenue and N.

Nichols Avenue, is within the City of Alhambra’s jurisdiction. The City of Alhambra does not allow overnight parking on city streets, so it is common for Alhambra residents to park on Monterey Park streets.

C. The Hellman District is one continuous parking block.

D. Vehicles owned or operated by persons who are not residents substantially and regularly interfere with the use of the majority of available public street parking spaces in the proposed specified area by adjacent residents.

Residents on the north side of Hellman Avenue regularly park their vehicles along the south side of the street to avoid the City of Alhambra’s parking regulations. Such residents leave their vehicles parked in the Hellman District for extended periods of time which reduces parking for City residents and precludes them from enjoying convenient parking.

E. Interference by such vehicles occurs in the Hellman District at regular and significant daily and weekly intervals. Monitoring of cars parked along the Hellman District was conducted at various times of the day and night when Mark Keppel High School was in session and, during 70% of the days, 50% or more of the cars parked in the Hellman District were from out of the area.

C. Residents within the Hellman District are unable to reasonably and conveniently utilize parking spaces that are adjacent to their dwelling units because there are a limited number of off-street parking spaces that are constantly being utilized by residents living along the north side of the street in the City of Alhambra.

SECTION 3: Creation of Preferential Parking Area. The City Council establishes the Hellman District as follows:

A. 24-hours per day, 7 days a week.

B. The south side of E. Hellman Avenue, between N. Alhambra Avenue and N.

Nicholson Avenue.

SECTION 4: Environmental Assessment. 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 § 15303 exempts activity that results in new construction or conversion of small structures. The Resolution creates a preferential parking district governing parking within a designated area and which requires installation of pedestrian level street signage. Accordingly, the Resolution is exempt from further review.

SECTION 5: Notification. The Public Works Director, or designee, is authorized to erect such street signs as are needed to properly notify the general public of the restrictions on parking in the preferential parking zone created through this Resolution.

SECTION 6: Supersession. Supersession of previous preferential parking zones does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Resolution’s effective date.

Any such superseded part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Resolution;

SECTION 7: Notice of Exemption. The Director of Public Works, or designee, is directed to file a Notice of Exemption in accordance with CEQA §§ 15062, and any other applicable law.

SECTION 8: Limitations. The City Council ’s analysis and evaluation of the project is based on the best information currently available. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limita tions 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 9: 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 10:Construction. This Resolution must be broadly construed to achieve the purposes stated in this Resolution. It is the City Council’s intent that the provisions of this Resolution be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Resolution.

SECTION 11: Severability. If any part of this Resolution or its Application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Resolution are severable.

SECTION 12: 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 13: Effective Date. This Resolution will become effective immediately upon adoption and will remain in effect unless repealed or superseded.

PASSED AND ADOPTED this ___ day of ______________, 2024.

________________________________
Jose Sanchez, Mayor

Attest:

__________________________
Maychelle Yee, City Clerk

Approved as to Form:

KARL H. BERGER, CITY ATTORNEY

__________________________
Justin A. Tamayo, Deputy City Attorney

Staff Report
January 17, 2024 City Council Staff Report
DATE: January 17, 2024
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: Approval of Haulers Qualified for a Waste Collection and Recycling Franchise and Authorization to Release Request for Applications RECOMMENDATION:

It is recommended that the City Council consider:

1. Approving the list of haulers qualified to submit proposals for a waste collection and recycling franchise for residential and/or commercial services;

2. Authorizing the release of the Request for Applications (RFA) to the list of qualified haulers; and

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

EXECUTIVE SUMMARY:

On October 18, 2023 the City Council approved the release of a Request for Qualifications (RFQ) as the first step to solicit proposals for new solid waste franchise agreements. Ten companies responded to the RFQ and submitted Statements of Qualifications (SOQ).

With the assistance of HF&H consultants, the City evaluated the SOQs and determined that eight companies are qualified to apply for both a residential franchise and a commercial franchise.

It is recommended that City Council approve the list of qualified haulers and authorize the release of the Request for Applications ( RFA) for a waste collection and recycling franchise.

BACKGROUND:

Monterey Park Municipal Code (“MPMC”) Chapter 6.09 requires the City to award solid waste franchises on a competitive basis. The City contracted with HF&H consultants for assistance with the solid waste Request for Applications (“RFA”) and new solid waste contracts. The RFQ was the first step in a four -step process leading to the selection of one or more franchisees to provide waste management services in the City.

Step 1: Interested companies submit statements of qualification to the City.

Step 2: The City evaluates the submittals and develops a list of qualified companies.

Consent Calendar - 3I

Staff Report

January 17, 2024
Step 3: The qualified companies are invited to submit applications and service rates for a residential franchise, a commercial franchise, or both.

Step 4: The City evaluates the applications in relation to the stated criteria and selects the companies to be awarded franchises to the lowest bidders that are willing to execute the City’s contracts.

On October 18, 2023 the City Council approved the release of a Request for Qualifications (RFQ) for new residential and commercial waste collection and recycling franchises that included the following qualification criteria:

The company must be currently providing waste collection, recycling, and disposal services in at least three franchise areas in California. If the company desires to be considered for a residential franchise in Monterey Park, it must be currently providing services relatively similar to those described in the residential service plan in at least three residential franchise areas in California. If the company desires to be considered for a commercial franchise in Monterey Park, it must be currently providing services relatively similar to those described in the commercial service plan in at least three commercial franchise areas in California. These franchises must have been awarded by a California city, county, regional agency that provides waste services, or municipal service agency or district.

The residential service plan include s, without limitation, the weekly collection, recycling, and disposal of waste from approximately 14,000 single-family and multifamily residences either through a 2 -cart system (Mixed Waste and Mixed Organics) or 3 -cart system (Refuse, Recyclable materials, and Mixed Organics) ; diversion of at least 50% of refuse materials collected through approved CalRecycle diversion methods; provision of labeled containers to customers; provision of collection services for four cleanup events per year, billing customers for services on a bi-monthly basis; bulky item collection; and customer outreach and education.

The commercial service plan includes, without limitation, the collection, recycling, and disposal of waste from approximately 1,000 commercial and industrial businesses in the City; diversion of at least 50% of refuse materials collected through approved CalRecycle diversion methods and at l east 65% of construction and demolition debris; disposal of non-recyclable waste at fully-permitted disposal facilities; provision of labeled containers to customers ; provision of collection services for City facilities and public containers; billing customers for services; and customer outreach and education.

Both the residential and commercial service plans also include services in compliance with California law and CalRecycle regulations such as contamination monitoring; route reviews and inspections; food recovery assistance ; waiver assistance ; organic waste recovery education and outreach; recordkeeping and reporting requirements ; and Recovered Organic Waste Product (ROWP) Procurement.

Staff Report

January 17, 2024
The City received SOQs from eight companies for the residential franchise and ten companies for a commercial franchise.

Responses to the RFQ: Qualified for
Residential
Franchise
Qualified for
Commercial
Franchise
1 American Reclamation, Inc N/A X
2 Athens Services ✔ ✔
3 Burrtec Waste Industries, Inc ✔ ✔
4 CR&R Incorporated

✔ ✔
5 Key Disposal and Recycling, Inc. N/A X
6 Republic Services ✔ ✔
7 Valley Vista Services, Inc ✔ ✔
8 Ware Disposal Inc ✔ ✔
9 Waste Management Collection and
Recycling, Inc.
✔ ✔
10 Waste Resources Incorporated ✔ ✔

All eight companies that requested to be considered for a residential franchise were evaluated and determined to meet the approved qualification criteria.

Of the ten companies that requested to be considered for a commercial franchise, two did not meet the approved qualification criteria. The companies that did not meet the qualification criteria were American Reclamation, Inc. and Key Disposal and Recycling, Inc. American Reclamation, Inc . listed having at least three commercial franchises ; however, their largest commercial franchise is not of similar size to the City’s commercial customer base. Their largest account is Altadena which compares to approximately 53% of Monterey Park’s commercial customers . Key Disposal also had at least three commercial franchises, but its largest franchise is composed of 54 customers which equates to 5% of Monterey Park’s commercial customers. Since these two companies are not currently providing services relatively similar to those described in the commercial service plan in at least three commercial franchises comparable to Monterey Park, it was determined that they did not meet the qualification criteria and they were disqualified for consideration.

Companies that identified any litigation history or instances of non -compliance with the terms and conditions of a contract or other franchise within the past five years were requested to provide additional information including the notices for each instance of non- compliance. Details of reported information are provided in Attachment 2.

Based on the City’s evaluation of submitted SOQs , staff recommends Council approve the list of haulers (Attachment 1) qualified to apply for a franchise in the City and proceed

Staff Report

January 17, 2024
with Step 3 of the RFP process. Step 3 for this RFP is to release an RFA to those companies that have been deemed qualified to apply.

MPMC § 6.09.070 states that "the city council must award any franchise based upon the applicant proposing the lowest proposed monthly rates to the customer." The proposed RFA includes forms to be completed by the applicants that will automatically calculate each applicant's monthly rate for each service level, thereby providing the City Council with a basis for awarding the franchises.

The program parameters specified in the RFA are as follows:
 An exclusive franchise will be awarded for residential waste collection and recycling services.
 Either a single exclusive or up to three non-exclusive franchises will be awarded for commercial waste collection and recycling services.  The term of all franchises will be seven years with no renewals.  Customer rates can be adjusted annually by the change in the Consumer Price Index for all urban consumers in Los Angeles-Long Beach-Anaheim area.  Haulers can submit proposals for a 2-cart or 3-cart system for residential and commercial customers.
 Franchisees must achieve and maintain a waste diversion rate of at least 50%, using CalRecycle’s per capita generation and Disposal data.

A copy of the proposed franchise agreement for the residential program and the commercial program will be distributed with the RFA. Final agreements will be in a form approved by the City Attorney.
2023-2024 STRATEGIC PLAN GOAL:

The RFA meets the City’s goal of Sustainability. Awarding franchise agreements to qualified waste management companies provides the City with oversight and regulation of the collection, storage, transportation, processing, and disposal of refuse, recyclables, and construction and demolition debris. This not only ensures the City meets state requirements but also supports the City’s continued success of recycling and organic waste diversion programs.

FISCAL IMPACT:

There is no fiscal impact in approving the list of qualified haulers nor the release of the RFA.

Respectfully submitted by: Prepared by:

Shawn Igoe
Director of Public Works
Xochitl Tipan
Administrative Manager

Staff Report

January 17, 2024
Approved by: Reviewed by:

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

1. List of Qualified Haulers

2. Instances of Non-compliance and Litigation History

Staff Report
January 17, 2024
ATTACHMENT 1
List of Qualified Haulers

Request for Qualifications for a Residential and Commercial Waste Collection and Recycling Franchise
City of Monterey Park, CA

Residential Franchise:

Row Proposer Residential Agency and Weekly Customers
Does proposer
have at least
three residential
franchises?
Is the largest residential franchise of
similar size or larger than the City
based on number of customers?
(City of Monterey Park has approx.
13,975 residential customers)
Qualified for
Residential
Franchise

1. Athens Services Norwalk - 18,000 - 22,000 Customers
Azusa - 8,800 Customers
Covina - 8,000 - 12,000 Customers
Monrovia - 7,000 – 7,500 Customers
South El Monte - 2,800 - 3,200 Customers
Irwindale - 300 - 500 Customers
Yes Yes Yes

2. Burrtec Waste
Industries, Inc.

Santa Clarita - 52,140 Customers
Santa Clarita/LA County - 12,734 Customers
East Pasadena/LA County - 11,632 Customers
La Crescenta/LA County - 5,033 Customers
Duarte - 4,662 Customers
Bradbury - 327 Customers
Yes Yes Yes

3. CR&R
Incorporated
Orange – 27,033 Customers
Bellflower - 11,300 Customers
Artesia - 3,325 Customers
Santa Fe Springs - 952 Customers
Yes Yes Yes

4. Republic
Services
Alhambra - 12,786 Customers
Rosemead - 10,905 Customers
Bell - 5,186 Customers
Yes Yes Yes

5. Valley Vista
Services, Inc

El Monte - 15,500 Customers
LA County (Hacienda Heights) - 14,000 Customers
LA County (Valinda/Basset/San Jose Hills) - 13,250
Customers
Cypress - 12,883 Customers
Walnut - 8,677 Customers
La Puente - 6,500 Customers
Industry - 250 Customers
Yes Yes Yes

Request for Qualifications for a Residential and Commercial Waste Collection and Recycling Franchise
City of Monterey Park, CA

Row Proposer Residential Agency and Weekly Customers
Does proposer
have at least
three residential
franchises?
Is the largest residential franchise of
similar size or larger than the City
based on number of customers?
(City of Monterey Park has approx.
13,975 residential customers)
Qualified for
Residential
Franchise

6. Ware Disposal
Inc.

LA County (South Whittier) - 13,650 Customers
LA County (East Charter Oak) - 3,610 Customers
LA County (Lennox Garbage Disposal District) - 2,213
Customers
Yes Yes Yes

7. Waste
Management
Collection and
Recycling, Inc.

Chino Hills - 21,586 Customers
Diamond Bar - 17,651 Customers
San Dimas - 12,030 Customers
Arcadia - 11,200 Customers
Malibu - 2,643 Customers
Yes Yes Yes

8. Waste
Resources
Incorporated

Carson - 21,996 Customers
Gardena - 12,998 Customers
Lynwood - 9,546 Customers
Hawaiian Gardens - 1,892 Customers
Yes Yes Yes

Request for Qualifications for a Residential and Commercial Waste Collection and Recycling Franchise
City of Monterey Park, CA

Commercial Franchise:

Row Proposer Commercial Agency and Weekly Customers
Does proposer
have at least
three commercial
franchises?
Is the largest commercial franchise
of similar size or larger than the City
based on number of customers?
(City of Monterey Park has approx. 1,100
permanent commercial customers)
Qualified for
Commercial
Franchise

1. American
Reclamation, Inc
Altadena/LA County – 600+ Customers
Pasadena (Dept. of Public Works) - 239 Customers
LAUSD - 176 Customers
Montrose - 156 Customers
La Crescenta/LA County - 108 Customers
Montebello - 64 Customers
LA County (Unicorp.) - 49 Customers
Vernon (Dept. of Public Works) - 30 Customers
Burbank-Glendale-Pasadena Airport Authority - 13
Customers
Santa Clarita - 10 Customers
Yes

Altadena (County of LA) is the largest
commercial account with 600+
customers which is approx. 53% of
the City of Monterey Park
Commercial Customers.

No

2. Athens Services South El Monte - 2,500 - 3,500 Customers Azusa - 2,000 - 2,500 Customers
Covina - 1,000 - 1,500 Customers
Monrovia - 800 - 1,200 Customers
Norwalk - 800 - 1,000 Customers
Irwindale - 350 - 450 Customers
Yes Yes Yes

3. Burrtec Waste
Industries, Inc.

Santa Clarita - 1,625 Customers
Duarte - 359 Customers
Santa Clarita - 47 Roll-off Customers
Yes Yes Yes

4. CR&R
Incorporated
Bellflower - 1,700 Customers
Artesia - 364 Customers
Santa Fe Springs - 566 Customers
Yes Yes Yes

5. Key Disposal and
Recycling, Inc.

Vernon - 54 Customers
Newport Beach - 1 Customer
Irvine - 1 Customer
Yes Vernon is the largest commercial
account with 5 customers. No

Request for Qualifications for a Residential and Commercial Waste Collection and Recycling Franchise
City of Monterey Park, CA

Row Proposer Commercial Agency and Weekly Customers
Does proposer
have at least
three commercial
franchises?
Is the largest commercial franchise
of similar size or larger than the City
based on number of customers?
(City of Monterey Park has approx. 1,100
permanent commercial customers)
Qualified for
Commercial
Franchise

6. Republic
Services
Alhambra - 2,152 Customers
Rosemead - 735 Customers
Bell - 656 Customers
Yes Yes Yes

7. Valley Vista
Services, Inc

Industry - 8,750 Customers
La Puente - 3,700 Customers
El Monte - 2,500 Customers
Cypress - 969 Customers
Diamond Bar - 259 Customers
Walnut - 236 Customers
Yes Yes Yes

8. Ware Disposal
Inc.

Los Angeles (SE Zone) - 1,950 Customers
LA County (San Gabriel Valley West) - 788
Customers
LA County (Lennox Garbage Disposal District) -
317 Customers
Irvine - 300 Customers
Monterey Park - 75 Customers
Pasadena - 35 Customers
Yes Yes Yes

9. Waste
Management
Collection and
Recycling, Inc.

Corona – 1918 Customers
Oceanside – 1750 Customers
Palmdale – 1607 Customers
Chino – 1472 Customers
Malibu - 800 Customers
Torrance - 741 Customers
San Dimas - 474 Customers
Arcadia - 397 Customers
Chino Hills - 298 Customers
El Segundo - 141 Customers
Yes Yes Yes

Request for Qualifications for a Residential and Commercial Waste Collection and Recycling Franchise
City of Monterey Park, CA

Row Proposer Commercial Agency and Weekly Customers
Does proposer
have at least
three commercial
franchises?
Is the largest commercial franchise
of similar size or larger than the City
based on number of customers?
(City of Monterey Park has approx. 1,100
permanent commercial customers)
Qualified for
Commercial
Franchise

10. Waste
Resources
Incorporated

Carson - 2,078 Customers
Gardena - 1,646 Customers
Glendale - 1,384 Customers
Lynwood - 1,034 Customers
Hawaiian Gardens - 278 Customers
Yes Yes Yes

Staff Report
January 17, 2024
ATTACHMENT 2
Instances of Non-compliance
and Litigation History

Request for Qualifications for a Residential and Commercial Waste Collection and Recycling Franchise
City of Monterey Park, CA

Instances of Non-Compliance and Litigation
Row Proposer
Instances of Non-Compliance with terms and conditions of a contract or franchise with any city or county in Southern California within the past five years
Litigation History within the past ten
years

1. American
Reclamation,
Inc
None reported. None reported.

2. Athens Services City of Los Angeles - Athens paid a total of approximately $80,300 in liquidated damages for minor items related to the commercial RecycLA contract for the period March 2018 to January 2023. City issued four notice of violations (NOVs) related to missed collection, lack of notice of a route change, and security breach in connection with gate access at a property.

City of Glendale -Athens paid approximately $1,600 in liquidated damages related to customer call resolution in Oct and Nov 2022.

Note: Athens had received other notices related to its various solid waste agreements, permits, and franchises in the cities of El Segundo, Monterey Park, and Temple City. None were notices of violations or defaults and were remedied with the respective party.

City of Montebello - Arakelian
Enterprises, Inc. (dba Athens) had past
litigation with the City for the status of
the residential franchise agreement
and filed a counterclaim for damages.

Both parties reached a settlement and
actions were dismissed in 2018.

Request for Qualifications for a Residential and Commercial Waste Collection and Recycling Franchise
City of Monterey Park, CA

Instances of Non-Compliance and Litigation (cont.)
Row Proposer Instances of Non-Compliance with terms and conditions of a contract or franchise with any city or county in Southern California within the past five years Litigation History within the past ten
years

3. Burrtec
Waste
Industries,
Inc.

County of Riverside - Burrtec paid $15,000 to the County for two incidents (hydraulic fluid spill and oil spill) that occurred in 2020.

City of Santa Clarita - Burrtec paid the City approximately $10,000 per quarter for commercial franchise (from Nov 2018 to June 2023) and $17,553 for roll-off franchise (from 2019 to 2022) for not reaching 50% diversion. Burrtec indicated that the original scope of the contract included developing and building a MRF to process and divert recyclable materials. Due to ongoing challenges with siting a location, the MRF was never constructed, impacting Burrtec's ability to reach 50% diversion.

None Reported.

4. CR&R
Incorporated
DTSC/CUPA - CR&R paid $8,772 for NOV related to missing site plan paperwork in Oct 2018 and missing paperwork provided to agency.

Riverside Dept. of Env. Health/CUPA - CR&R paid $3,000 for NOV related to missing site plan paperwork in Aug 2019 and missing paperwork provided to agency.

Santa Ana RWQCB - CR&R was issued a NOV for storm water run-off concerns. Site was cleaned and NOV rescinded.

Riverside Dept. of Env. Health/CUPA - CR&R paid $20,000 for NOV related to missing site plan paperwork in Jan 2022 and missing paperwork provided to agency.

Laguna Woods - CR&R paid approximately $1,350 in liquidated damages for incomplete bin exchange and missed collections that occurred from Nov 2022 through May 2023.

Riverside County - CR&R has one auto
related civil action matter consisting of
consolidated cases that resulted in a
load fire in Calimesa, initially filed in
Oct 2019. Ongoing.

Request for Qualifications for a Residential and Commercial Waste Collection and Recycling Franchise
City of Monterey Park, CA

Instances of Non-Compliance and Litigation (cont.)
Row Proposer Instances of Non-Compliance with terms and conditions of a contract or franchise with any city or county in Southern California within the past five years Litigation History within the past ten
years

5. Key Disposal
and
Recycling, Inc.

None reported. None reported.

6. Republic
Services
County of Los Angeles, Dept. of Public Works, Environmental Programs Division - Republic ordered to comply for alleged violation relating to rain diversion system in Jan 2019. Pending.

CARB - Republic received a NOV (no payment) for allegation of 47 violations of the TB regulation for failure to meet Engine Model Year Compliance Schedule requirements for diesel vehicles; 199 violations of the PSIP regulation; 168 violations of the Off-Road regulation in Mar 2020. Resolved.

County of Los Angeles, Dept. of Public Works, Environmental Programs Division - Republic received NOV and ordered to comply (no payment) for alleged failure to sign designated operator reports for Jul to Dec 2019 and Mar to Aug 2020 and misreporting of multiple sensor alarms in May 2021. Resolved.

South Coast Air Quality, Management District (SCAQMD) - Republic received NOV (no payment) for alleged mud track violation in Dec 2022. Pending.

City of Paramount Public Works - Republic received NOV (no payment) for alleged non-stormwater discharge into draining system and accumulation of debris (dirt, gravel, sediment) on streets in May 2023. Pending.

None reported.

7. Valley Vista
Services, Inc

None reported. None reported.

Request for Qualifications for a Residential and Commercial Waste Collection and Recycling Franchise
City of Monterey Park, CA

Instances of Non-Compliance and Litigation (cont.)
Row Proposer Instances of Non-Compliance with terms and conditions of a contract or franchise with any city or county in Southern California within the past five years Litigation History within the past ten
years

8. Ware Disposal
Inc.

City of Los Angeles - Ware Disposal was assessed a disposal target LD in the amount of $465,000 for not diverting textile tonnage in Jun 2023. However, per Ware Disposal, there currently is not a textile market. Appealed.

None reported.

9. Waste
Management
Collection and
Recycling, Inc.

None reported. CAL OSHA (Moreno Valley) - WM
investigated for employee injury in Dec
2020. Settled.

CAL OSHA (San Gabriel) - WM
investigated for employee injury in Oct
2022. Settled.

10. Waste
Resources
Incorporated

None reported. None reported.

City Council Staff Report
DATE: January 17, 2024
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: Receive and File summary of the status of emergency repairs to the Monterey Pass Road water line
RECOMMENDATION:

It is recommended that the City Council consider:

1. Receiving and Filing the staff report summarizing the status of emergency repairs to the Monterey Pass Road water line; and

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

BACKGROUND:

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

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

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

The Economic Development Division also mailed out letters to businesses that may be impacted by this project. Message boards were placed within the project area prior to construction commencing to alert drivers of the impact to their commutes.

The construction portion of the project is 100% complete. The contractor has:
x Installed the 12-inch pipeline for the entire project from Floral Drive to Vagabond Road for a total length of 10,800 linear feet of pipeline; x Installed all interconnecting pipes including the connection at Vagabond Road; x Installed all the lateral pipelines for the water services, fire services, and fire hydrants for the project;
x Completed hydrostatic pressure testing of the pipeline.

Consent Calendar - 3J

Staff Report

January 17, 2024
Staff is finalizing the as-built plans and processing the final invoice prior to filing a Notice of Completion for this project. The Notice of Completion will be presented to City Council to receive and file, along with a presentation of the project, in February 2024.

FISCAL IMPACT:

The Monterey Pass Road Emergency Water Main Improvements project is included in the 2023-2024 fiscal year Capital Improvement Plan as Project No. 99025. The following is an estimated cost for the project:

CIP 99025 – Monterey Pass Road Emergency Water Main
Engineering Design $ 131,000
Geotechnical $ 100,000
Construction Cost $ 4,800,000
Material Cost $ 1,600,000
Street Rehabilitation $ 950,000
Construction Management and Inspection $ 460,367
Total $8,041,367
The City applied for funding from CalTrans Federal Transportation Improvement Program (“FTIP”) to pay for the street rehabilitation improvements along the Monterey Pass Road project area. The City anticipates receiving $1,064,323 in FTIP funding for this project in early 2024.

Respectfully submitted by: Reviewed by:

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

Inez Alvarez
City Manager
Justin A. Tamayo
Deputy City Attorney

City Council Staff Report
DATE: January 17, 2024
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Karl H. Berger, City Attorney
SUBJECT: Continued Public Hearing to consider adopting an Ordinance Incorporating by Reference Chapter 7.46 of Los Angeles County Code Title 7 – Business Licenses into a new Chapter 5.90 of the Monterey Park Municipal Code (“MPMC”)
RECOMMENDATION:

It is recommended that the City Council consider:

1. Opening the continued public hearing to receive both written and oral testimony , closing the continued public hearing;

2. Waiving second reading and adopting an Ordinance that would incorporate by reference Los Angeles County Code Title 7, Chapter 7.46 regarding the regulation of gun dealers within the City of Monterey Park (“City”); and

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

CEQA DETERMINATION
This Ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.) in that it is not a “project” for purposes of CEQA, as that term is defined by CEQA Guidelines § 15378. Specifically, this Ordinance constitutes creation of government regulations which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. In addition, this Ordinance is an organizational or administrative activity that will not result in a direct or indirect physical change in the environment.

EXECUTIVE SUMMARY
On December 20, 2023, the City Council introduced and waived first reading of an ordinance, if adopted, would add a new Chapter to the Monterey Park Municipal Code (“MPMC”) requiring gun dealers to acquire a police permit to operate within the City of Monterey Park. The City Council continued the scheduled public hearing to the January 17, 2024 council meeting.

Public Hearing - 4A

BACKGROUND
At the December 20, 2023
meeting the City Council was provided with information
regarding the significant strides taken to enhance gun and ammunition regulations within the City, including the adoption of several resolutions, ordinances, and city policies.

The City Council may wish to adopt an ordinance adding a new Chapter 5.90 to the MPMC amending the Los Angeles County Code (“LACC”) governing licenses required by gun dealers within the County’s jurisdiction . The Monterey Park Police Department (“MPPD”) would then administer the permitting process for gun dealers located within the City’s jurisdiction.

Revisions to the draft ordinance were made at the December 20, 2023 Council meeting and those changes have been incorporated into the draft ordinance and is attached to this staff report.

FISCAL IMPACT
A public hearing regarding permit fees will be scheduled for a future date.

Respectfully submitted and prepared by: Reviewed by:
_____________________________ _____________________________ Karl H. Berger, City Attorney Inez Alvarez, City Manager Reviewed by: Reviewed by:
_____________________________ _____________________________ Martha Garcia, Director of Finance Scott Wiese, Police Chief

ATTACHMENTS

1. Draft Ordinance

2. December 20, 2023 staff report (without attachments)

Staff Report
January 17, 2024
ATTACHMENT 1
Draft Ordinance

CITY OF MONTEREY PARK
ORDINANCE NO. ____

AN ORDINANCE INCORPORATING LOS ANGELES COUNTY CODE
CHAPTER 7.46 INTO THE MONTEREY PARK MUNICIPAL CODE BY
ADDING CHAPTER 5.90 GOVERNING TO GUN DEALER LICENSES.

THE CITY COUNCIL DOES ORDAIN AS FOLLOWS:

SECTION 1. Inc orporation of Los Angeles County Code. A new Chapter 5.90 is added to the Monterey Park Municipal Code (“MPMC”) to read as follows:
“Chapter 5.90
GUN DE

ALER LICENSES

5.90.010 PURPOSE. The purpose of this chapter is to regulate Gun and Ammunition Dealers located within the City to protect public health, safety, and welfare, and ensure consistency with California law.

5.90.020 INCORPORATING LOS ANGELES COUNTY CODE CHAPTER 7.46:

Pursuant to Government Code § 50022.9, the City Council incorporates Los Angeles County Code (“LACC”) Chapter 7.46, entitled Gun Dealers, as amended by this chapter.

This chapter prevails over any conflicting provisions the LACC.

5.90.030 AMENDMENTS TO LOS ANGELES COUNTY CODE. The following provisions of LACC Chapter 7.46 are amended:

A. LACC § 7.46.040. “Licensee” means any person or entity issued a police permit by the Police Chief, or designee.

B. LACC § 7.46. 040. “Sheriff” means the Police Chief, or designee.

C. LACC § 7.46.040. “Unincorporated Area” includes in its true geographical location the jurisdictional boundaries for the City of Monterey Park.

D. Whenever in LACC Chapter 7.46 the words “Board” or “Commission” are used, they refer to the City Council.

E. Whenever in LACC Chapter 7.46 the words “Commissioner” or “Director of Public Works” are used they refer to the City Manager, or designee.

F. Whenever in LACC Chapter 7.46 the word “County” is used, it refers to the City of Monterey Park.

5.90.040 GENERAL PENALTY. Any person violating any provision of this title is guilty of a misdemeanor unless otherwise provided in this title.”

seq.) in that it is not a “project” for purposes of CEQA, as that term is defined by CEQA Guidelines § 15378. Specifically, this Ordinance constitutes creation of government regulations which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. In addition, this Ordinance is an organizational or administrative activity that will not result in a direct or indirect physical change in the environment.

SECTION 3. Construction. This Ordinance must be broadly construed in order 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. The City Council intends to incorporate LACC Chapter 7.46 as amended by the Board of Supervisors by ordinance adopted on November 7, 2023. A copy of the November 7, 2023 Los Angeles County ordinance is attached as Exhibit A” for reference.

SECTION 4. Enforceability. Repeal or supersession of any provision of the MPMC 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 or superseded part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.

SECTION 5. Validity of Previous Code Sections. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the BMC or other ordinance by this Ordinance will be rendered void and cause such previous BMC provision or other the city ordinance to remain in full force and effect for all purposes.

SECTION 6: Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable.

SECTION 7: Electronic Signatures. This Ordinance may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.

SECTION 8: The City Clerk, or her duly appointed deputy, is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Bellflower’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within 15 days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.

SECTION 9: This Ordinance will become effective thirty days following its passage and adoption.

ADOPTED BY THE CITY COUNCIL OF THE CITY OF MONTEREY PARK AT ITS REGULAR MEETING OF ________, 2023.

Jose Sanchez, Mayor
ATTEST
Maychelle Yee, City Clerk
APPROVED AS TO FORM:

Karl H. Berger, City Attorney

HOA.
104321635.29
ORDINANCE NO.

An ordinance amending Title 7 – Business Licenses of the Los Angeles County Code by adding Ammunition Dealers to Chapter 7.46 – Gun Dealers to regulate both Gun and Ammunition Dealers in the Unincorporated Areas of Los Angeles County. The ordinance establishes the regulations, fees, and penalties for implementing, administering, and enforcing Chapter 7.46.

The Board of Supervisors of the County of Los Angeles ordains as follows:

SECTION 1. Chapter 7.46 is hereby amended to read as follows:

Chapter 7.46 GUN DEALERSGUN AND AMMUNITION DEALERS.

SECTION 2. Section 7.46.010 is hereby amended to read as follows:

7.46.010 Gun dealer defined.Purpose and Intent.
"Gun dealer" means any person, firm or corporation who sells or otherwise transfers to the public any pistol, revolver, rifle, shotgun, or other firearm, including those persons required by Section 12070(a) of the California Penal Code to obtain a license under California Penal Code Section 12071. "Gun dealer" also includes any person, firm or corporation who purchases, takes in trade or accepts on consignment from the public any firearm of any type, including, but not limited to pistols, revolvers, rifles and shotguns.

The purpose of this Gun and Ammunition Dealers Ordinance is to enhance the regulation of Gun and Ammunition Dealers in the interest of public health, safety, and welfare, and ensure consistency with State law.

EXHIBIT A

HOA.104321635.29 2
SECTION 3. Section 7.46.020 is hereby amended to read as follows:

7.46.020 License—Requi red.Short Title.

Every gun dealer shall first procure a license and pay an annual license fee in the amount set forth in Section 7.14.010 of this title, under the appropriate heading.

This Chapter shall be known as the "Gun and Ammunition Dealers Ordinance." SECTION 4. Section 7.46.030 is hereby amended to read as follows:

7.46.030 License—Granted subject to specific
conditions.Applicability.

If a license is granted under this chapter, it shall be subject to the conditions set forth in Penal Code Section 12071, for breach of any of which the license shall be subject to forfeiture.

The provisions of this Chapter apply to the licensing of Gun and Ammunition Dealers in the business of selling, transferring, leasing, trading, accepting on consignment, or advertising for sale, transfer, lease, trade, or consignment to the public Guns and Ammunition in the Unincorporated Areas of the County.

Gun and Ammunition buyback programs hosted by the Sheriff or other law enforcement agencies, in which individuals or entities sell or transfer Guns and Ammunition to law enforcement agencies, are not governed by this Chapter.

SECTION 5. Section 7.46.040 is hereby amended to read as follows:

7.46.040 Records and reporti ng requirement.Definitions.

In addition to properly maintaining all records and documents required by state and federal laws, a gun dealer, upon purchasing, taking in trade or accepting on

HOA.104321635.29 3
consignment from the public any firearm of any type, shall comply with buy-form requirements as enumerated in Part 7 of Chapter 7.76 of this title, beginning with Section 7.76.310. A gun dealer shall also be required to report every sale, lease, or other transfer of a firearm to the sheriff on a form prescribed by the sheriff.

For purposes of this Chapter, "may" is permissive and "must" is mandatory. The terms used in this ordinance have the following meanings:

A. "Ammunition" means one or more loaded cartridges consisting of a primed case, propellant, and with one or more projectiles. "Ammunition" includes but is not limited to, any bullet, cartridge, magazine clip, speed loader, autoloader, ammunition feeding device, or projectile capable of being fired from a firearm with a deadly consequence. "Ammunition" does not include blanks.

B. "Ammunition Dealer" means any per son, firm, corporation, or other business enterprise that holds a current ammunition vendor license issued pursuant to California Penal Code section 30385. A Gun Dealer licensed pursuant to this Chapter and California Penal Code sections 26700 to 26915 is deemed a licensed Ammunition Dealer.

C. "Gun" means any portable firearm including a rifle, shotgun, or revolver, accessory, component, or any device designed, modified, or capable of being used as a weapon, from which is expelled through a barrel a projectile by the force of an explosion or other form of combustion.

D. "Gun Dealer" means any person, fi rm, corporation, or other business enterprise required by California Penal Code sectio n 26500 to obtain a license to

HOA.104321635.29 4
engage in the business of selling, transferring, leasing, trading, accepting on consignment, or advertising for sale, transfer, lease, trade, or consignment to the public, any Gun. A Gun Dealer licensed pursuant to this Chapter and California Penal Code sections 26700 to 26915 is deemed a licensed Ammunition Dealer.

E. "Licensee" means any person or ent ity issued a Business License by the Tax Collector or County license issuer and holding a current Business License while engaged in the business of selling, leasing, trading, accepting on consignment, or otherwise transferring any Gun or Ammunition, at a place of Business Licensed under this Chapter.

F. "Renewal" means a Licensee completes and submits an Application with the required fee payment for approval of a subsequent Gun and Ammunition Dealers Business License.

G. "Sheriff" means the Los Angeles C ounty Sheriff or the Sheriff's designated representative.

H. "Unincorporated Area" means any area in Los Angeles County outside the jurisdictional boundaries of incorporated cities.

SECTION 6. Section 7.46.050 is hereby amended to read as follows:

7.46.050 Inspection.Busi ness License Required.

Upon the request of any designated sheriff representative or any peace officer, a gun dealer shall (1) furnish all records pertaining to the gun dealer's transactions, including, but not limited to, all records required to be maintained by law, and (2) shall

HOA.104321635.29 5
permit an inspection of those portions of the licensed premises where the firearms and firearm accessories are located.

A. Every business engaged in selling, trans ferring, leasing, trading, accepting on consignment, or advertising for sale, transfer, lease, trade, or consignment to the public any Gun or Ammunition within the Unincorporated Area of the County must, before engaging in such business, procure a Business License and pay an annual Business License fee pursuant to the amounts set forth in Section 7.14.010, payable to the Tax Collector.

B. Gun and Ammunition Dealers Business Li censes are valid for one (1) year from the date of issuance. Licensees must apply for Renewal of their Business License on an annual basis prior to expiration of the Business License.

C. An Applicant must apply for a Gun and Ammunition Dealers Business License, including Renewal, in the format prescribed by the Tax Collector, with payment of the annual fee amount, signed under penalty of perjury. The Applicant must provide all required application documentation to the Tax Collector and Sheriff to demonstrate compliance with this Chapter, including, but not limited to the following:

1. The Applicant's name, including any aliases or prior names used, birth date, and address;

2. The Applicant's federal firea rms license and California firearms dealer or ammunition vendor numbers;

HOA.104321635.29 6

3. The address of the business for which the Business License is sought, the business name, and the name of any corporation, partnership or other entity that has any ownership in, or control over, the business;

4. The names, birth dates, and addresse s of all persons who will have access to, or control of, the Applicant's stock of Guns or Ammunition, including, but not limited to, the Applicant's employees and agents;

5. A certificate of elig ibility from the California Department of Justice under California Penal Code section 26710 for the Applicant and for each individual identified in Subsection C.4 of Section 7.46.050, demonstrating that the person is not prohibited by State or federal law from possessing Guns or Ammunition;

6. Proof of the right to occupy or possess the property where the business is proposed to be conducted, as owner, lessee, or other legal occupant;

7. A floor plan of the proposed busin ess that illustrates the Applicant's compliance with the security provisions outlined in Section 7.46.110;

8. Certification of compliance with this Code and all applicable State and federal business licensing laws;

9. Information relating to every lic ense to sell, lease, transfer, purchase, or possess Guns or Ammunition that has been sought by the Applicant within the last five (5) years, or by any individual identified in Subsection C.4 of Section 7.46.050, from any jurisdiction in the United States, including, but not limited to, the date of each application for the license and whether it resulted in any denial, revocation, or suspension, and the date and circumstances;

HOA.104321635.29 7

10. The Applicant's agreement to in demnify, defend, and hold harmless the County, its officers, elected officials, agents, and employees from and against all claims, losses, costs, damages, and liabilities of any kind arising from the operation of the business, in any manner, from the negligence or intentional or willful misconduct of:
(a) the Applicant; (b) the Applicant's officers, employees, and agents; and (c) if the business is a corporation, partnership, or other entity, the officers, directors, or partners of such business entity;

11. Policy of insurance issued by an insurance company admitted to do business in the State demonstrating compliance with the insurance requirements of this Chapter for Applicants applying for a Business License; and

12. The date, location, and nature of any criminal convictions of the Applicant and of any individuals identified in Subsection C.4 of Section 7.46.050, and any other information requested by the Tax Collector needed to confirm the eligibility of the Applicant for a Business License under this Chapter.

D. When requested by the Tax Collect or or any other County department during the Business License application process, an Applicant must show their driver's license, passport, or other government-issued identification card bearing a photograph of the Applicant.

E. The Sheriff, with the assistance of any other County department requested to assist, must conduct an investigation of the Applicant's criminal history and background. The Sheriff must receive from an Applicant a complete set of the Applicant's fingerprints and a signed authorization for release of records pertinent to the

HOA.104321635.29 8
investigation, in addition to the fingerprints and signed authorizations of each of the Applicant's employees and agents identified under Subsection 5 of this Section, to determine for the protection of the public health and safety whether the Applicant may be issued a Business License or Renewal.

F. Prior to issuance of a Business License or Renewal, the Tax Collector, Sheriff, or other County department may inspect the place of business to ensure compliance with this Chapter.

G. The Tax Collector may issue a Business License or Renewal if the Applicant or Licensee is in compliance with this Code and all applicable State, federal and local laws, and none of the grounds for Business License denial or revocation set forth in Section 7.46.065 exist.

SECTION 7. Section 7.46.060 is hereby amended to read as follows:

7.46.060 Conditions for granting license.Place of Business and Operating Hours.

No license or renewal licens e shall be issued under th is chapter unless, in addition to the requirements se t forth in Section 7.46.030 and Section 7.46.040 above, the gun dealer sati sfies each of the following conditions:

A. The gun dealer, and all officers, employees, and agents of said gun dealer, are at least 21 years of age;
B. Neither the gun dealer, nor any officer, employee , or agent of said gun dealer, has had a similar type license previously revok ed or denied within the immediately preceding two years;

HOA.104321635.29 9
C. Neither the gun dealer, nor any officer, employee , or agent of said gun dealer, has been convicted of:

1. Any offense disqualifying sa id individual from owning or possessing a firearm under applicable federal, state, or local laws,

2. Any offense relating to the ma nufact ure, sale, possession, use, or registration of any firearm or dangerous or deadly weapon,

3. Any offense involving the use of force or v iolence upon the person of another,

4. Any offense involving thef t, fraud, dishones ty, or deceit,

5. Any offense involving the manufa ctur e, sale, possession, or use of any controlled substance as de fined by the California Health and Safety Code, as said definition now reads or may hereafter be amend ed to read; D. The gun dealer has a fixed place of business where all licensed activities will be conducted as required by Section 7.04.060 of this code. The storing of all firearms and munitions shall occur at said fixed place of business. Under no circumstance may the address of the fixed pl ace of business be either a United States Post Office box or a pr ivate commercial mailbox. The gun dealer shall provide evidence as owner, lessee or other legal occ upant of said fixed pl ace of business. The license shall specify the Post Office address of said fixed place of business; E. The gun dealer's fixed place of business shall not be located in any area or district that is z oned for residential use;

HOA.104321635.29 10
F. The gun dealer has agr eed to indemnify, defend and hold harmless the county of Los Angeles, its officers, agents and employees, from cl aims arising from the negligent or intentional acts of said gun dealer;
G. In connection with every firearm sold, leased, or otherwise transferred by a gun dealer, said gun dealer must also sell or ot herwise provide a trigger lock or similar device reviewed and approved by the sher iff that is designed to prevent the unintentional discharge of the firearm;
H. The gun dealer has obtained a policy of insurance as provided in Section

7.46.070 below; and
I. The gun dealer has complied with the se curity requirements as provided A. A Licensee must maintain a fixed place of business where all Guns and Ammunition must be stored. Under no circumstance may the address on the Business License or application of the fixed place of business be either a United States Postal Service post office box or a private commercial mailbox. The Licensee must provide evidence as owner, lessee, or other legal occupant of the fixed place of business. The License must specify the United States Postal Service street address of the fixed place of business.

B. A Licensee's fixed place of business must not be located in any area or district that is zoned for residential use in accordance with Title 22 of this Code.

C. In accordance with Title 22 of this Code, the property boundary of a Licensee must not be within one thousand (1,000) feet of the property boundary of a park, school, library, or child care center, or another Gun and Ammunition Dealer. Gun

HOA.104321635.29 11
and Ammunition Dealers that are licensed and in compliance with this Chapter and the County Code may remain in their present location, subject to the provisions of Chapter 22.172, except that the termination period enumerated in Subsection B.1.e of Section 22.172.050 does not apply.

D. The business operating hours of any Licensee must be limited to hours between 8:00 a.m. and 8:00 p.m. each day the business is open to the public.

SECTION 8. Section 7.46.065 is hereby added to read as follows:

7.46.065 Grounds for License Denial or Revocation.

The Tax Collector may deny the issuance of a Business License or Renewal, or may revoke or suspend an existing Business License, if the operation of the business would not or does not comply with this Code or any applicable State or federal law, or if any of the following conditions exist:

A. The Applicant, or any individua l identified in Subsection C of Section 7.46.050, is under twenty-one (21) years of age; B. The Applicant is not licensed under all applicable State and federal laws; C. The Applicant has failed to fully comply with the application requirements set forth in this Chapter;
D. The Applicant has made a false or mi sleading statement of a material fact, or omitted a material fact, in the application or in any other document submitted to the Tax Collector or the Sheriff under this Chapter. If a Business License is denied on this ground, the Applicant is prohibited from reapplying for a Business License for a period of five (5) years from the date of denial;

HOA.104321635.29 12
E. The Applicant, or any individua l identified in Subsection C of Section 7.46.050, has had a license to sell, lease, transfer, purchase, or possess any Gun or Ammunition from any jurisdiction in the United States revoked, suspended, or denied for good cause within the immediately preceding five (5) years; F. The Applicant, or any individua l identified in Subsection C of Section 7.46.050, has been convicted of:

1. An offense that disqualifies t he person from owning or possessing a Gun under State or federal law, including, but not limited to, the offenses listed in California Penal Code sections 29800 through 29875 and 29900 through 29905;

2. An offense relating to the manufacture, sale, possession, or use of a Gun or other dangerous or deadly weapon or Ammunition;

3. An offense involving the use of force or violence upon another person;

4. An offense involving theft, fraud, dishonesty, or deceit; or

5. A felony offense within the last ten (10) years involving the illegal manufacture or sale of a controlled substance as defined by the California Health and Safety Code.

G. The Applicant is within a class of persons defined in California Welfare and Institutions Code section 8100 or 8103.

HOA.104321635.29 13
SECTION 9. Section 7.46.070 is hereby amended to read as follows:

7.46.070 Liability Insurance.Compliance with State Law.

A. No license or renewal license shall be issued u nder this chapter unless the gun dealer carries and maintains in full fo rce and effect a policy of insurance, as described in this subsection , in a form approved by the county of Los Angeles and executed by an insurance co mpany admitted to do business in the state of California.

This policy of insurance s hall insure the gun dealer against liability for damage to property and for inju ry to or death of any person as a result of the sale, lease, or transfer, or the offering for sale, lease, or transfer, of a firearm. The minimum liability limits shall not be less than $1,000,000.00 fo r each incident of damage to property or incident of injury or death to a person. The policy shal l name the county of Los Angeles as an addi tional insured.

B. The policy of insurance shall contai n an endorsement providing that said policy shall not be canceled until notice in writing has been given to the office of the treasurer and tax collec tor at least 30 days prior to th e time the cancellation becomes effective.

C. If at any time the gun dealer's policy of insurance expires, said gun dealer's license under this chapter will automatically be suspended pursuant to Section 7.08.240 and Section 7.08.250 of this code.

Issuance of a Business License under this Chapter is subject to an Applicant's or Licensee's compliance with the requirements of California Penal Code sections 26700

HOA.104321635.29 14
through 27140, the breach of any one of which is a ground for License denial, revocation, or suspension.

SECTION 10. Section 7.46.080 is hereby amended to read as follows:

7.46.080 Security Requirements.Records and Reporting
Requirements.

A. No license or renewal license shall be issued u nder this chapter unless the gun dealer adheres to security measures as required by the sheriff. These security measures shall include, but not be limited to, the following:

1. The provision of adequate lighting, secure locks, windows, and doors, and fire and thef t alarms, as each such item is specified and approved by both the sheriff and the fi re department; and

2. The storing of all fi rearms and munitions on the premises out of reach of customers in secure, locked facilit ies, so that access to firearms and munitions shall be controlled by the gun dealer or employee s of the gun dealer to the exclusion of all others.

B. Upon written request by the gu n dealer, the sheriff may approve alternative security measur es which he/she determines will provide equivalent or superior security to the premises as the measures required under subsection A above.

A. A Licensee must maintain at the Li censee's place of business an inventory list of Guns by make, model, and serial number, capable of being updated in real-time with each transaction. This inventory list must be made available for inspection upon request by the County or State, federal, or local law enforcement agency.

HOA.104321635.29 15
B. In addition to properly maintaining a ll records required by this Chapter and any applicable State and federal laws, a Licensee, upon purchasing, taking in trade, or accepting on consignment from the public a Gun of any type, must comply with the buy- form requirements of the State for the purpose of recording and furnishing to the Sheriff the required information relative to purchases, pledges, or consignments.

C. A Licensee must prepare and maintain a report of Gun and Ammunition sales or transfers on an annual basis as follows:

1. Within the first five (5) business days of February of each year, a Licensee must prepare a report of all Gun sales or transfers by make, model, and serial number for the period of the immediately preceding calendar year;

2. A Licensee must comply with Cali fornia Penal Code section 30352 by recording the annual sales or transfers of Ammunition.

3. The Licensee must maintain a copy of the annual report of sales at the business premises;

4. The report of sales must include a declaration stating that the report is true and correct with acknowledgement by Licensee's signature under penalty of perjury; and

5. The Licensee must maintain a copy of the report at the Licensee's place of business for a period of not less than five (5) years from the date of the report, and must make the copy available for inspection upon request by the County or State, federal, or local law enforcement agency.

HOA.104321635.29 16
D. A Licensee must comply with Cali fornia Penal Code sections 26885 and 30363 regarding reporting the loss or theft of a Gun or Ammunition.

SECTION 11. Section 7.46.090 is hereby amended to read as follows:

7.46.090 Compliance by existing dealers.Inspection of Records and Premises.

Any gun dealer licens ed to engage in the sale of firearms prio r to the effective date* of the amendments to this chapter shall within 90 days after said effective date comply with the provisi ons of these amendments.

Upon the request of the County, State, federal, or local agency, a Licensee must permit inspection of all records pertaining to the Licensee's transactions, including, but not limited to, all records required to be maintained by law, and those portions of the licensed premises where Guns, Gun parts, components, and accessories, and Ammunition are located.

SECTION 12. Section 7.46.095 is hereby deleted in its entirety.

7.46.095 Officers, employees and agents of gun dealers defined.

Any reference in this chapter to an of ficer, employee or agent of a gun dealer shall apply only to those persons who directly participate in firearm sale transactions.

SECTION 13. Section 7.46.100 is hereby amended to read as follows:

7.46.100 Penalty.Liability Insurance.

Any gun dealer violating the provisions of this chapter is guilty of a misdemeanor, punishable by a fine not to exc eed $1,000.00, or imprisonment for a term not to exceed six months, or both. This penal ty is in addition to all other penalties

HOA.104321635.29 17
provided by law, and to the immediate revocation of the gun deal er's license granted under this chapter.

A. A Licensee must carry and maintain in full force and effect throughout the term of a Business License a policy of insurance, as described in this Section, for the minimum insurance coverage type and limit requirements approved by the Risk Management Division of the County's Chief Executive Office and executed by an insurance company admitted to do business in the State. The policy of insurance must insure the Licensee against liability for damage to property and for injury to, or death of, any person as a result of the sale, lease, or transfer, or the offering for sale, lease, or transfer, of any Gun. The liability limit must be at least one million dollars ($1,000,000) for each incident of damage to property or incident of injury or death to a person. The policy must name the County as an additional insured.

B. The policy of insurance must waive t he rights of recovery of the Licensee and its insurance company against the County for any loss arising from or relating to the Licensee's activities. The Licensee must execute any waiver of subrogation endorsements which may be necessary to affect such waiver.

C. The policy of insurance must cont ain an endorsement providing that the policy cannot be canceled until notice in writing has been given to the Tax Collector at least thirty (30) days prior to the time the cancellation becomes effective.

D. If at any time the Licensee's policy of insurance expires, the Business License issued under this Chapter will be suspended pursuant to Division 1 of this Title.

HOA.104321635.29 18
SECTION 14. Section 7.46.110 is hereby amended to read as follows:

7.46.110 Severability.Security Requirements.

If any provision of this chapter or the application t hereof to any person or circumstance is held invalid, th e remainder of the chapter, and the application of such provision to other persons or circumstances, shall no t be affected thereby.

A. No Business License or Renewal may be issued under this Chapter unless the Gun and Ammunition Dealer complies with the security measures required by this Chapter and applicable State and federal law. These security measures include, but are not limited to, the following:

1. Every place of Business licens ed under this Chapter must be a secure facility within the meaning of California Penal Code section 17110;

2. The provision of adequate light ing; secure locks, windows, and doors; and fire and theft alarms, as specified and approved by the Tax Collector, County Fire, or Sheriff; and

3. The storing of all Guns and A mmunition on the premises out of reach of customers in secure, locked facilities, so that access to Guns and Ammunition is controlled by the Licensee or their employees to the exclusion of all others.

B. Upon written request by the Licensee, the Sheriff may approve alternative security measures determined by the Sheriff to provide at least equivalent security to the premises as the measures required under Subsection A above and the California Penal Code.

HOA.104321635.29 19
C. A Licensee must comply with Cali fornia Penal Code sections 17110 and 26890 regarding securing inventory Guns and Ammunition when the Licensee is not open for business.

D. The Licensee must ensure that t he business location or premises is monitored by video surveillance and audio recording systems that meet the following requirements:

1. The systems must include cameras, monitors, digital video and audio recorders, and necessary cabling to meet the requirements of this Section.

2. The number and location of the cameras are subject to the approval of the Sheriff. At a minimum, the cameras must be sufficient in number to monitor all areas in or on the business premises where Guns or Ammunition are stored, handled, sold, transferred, or carried, including, but not limited to, counters, safes, vaults, cabinets, shelves, cases, entryways, and parking lots. The video surveillance system must operate continuously, without interruption, whenever the Licensee is open for business. Whenever the Licensee is not open for business, the system must be triggered by a motion detector and begin recording immediately upon detection of any motion within the monitored area.

3. The sale or transfer of Guns or Ammunition to persons who are not sworn peace officers must be recorded by the video surveillance system in such a way that the facial features of the purchaser or transferee are clearly visible when the recording is replayed. The sale or transfer of Guns or Ammunition to persons who are not sworn peace officers must be recorded by the audio recording system in such a way

HOA.104321635.29 20
that the voices of the purchaser or transferee and the Licensee or Licensee's employee or agent are clearly audible when the recording is replayed.

4. When recording, the video surveillance system must record continuously and store color images of the monitored area at a frequency of not less than fifteen (15) frames per second. The system must produce retrievable and identifiable images and video recordings on media approved by the Sheriff that can be enlarged through projection or other means and that can be made a permanent record for use in a criminal investigation. The system must be capable of delineating on playback the activity in, and physical features of, the premises.

5. The stored images and audio recordings must be maintained on the business premises of the Licensee for a period of not less than one (1) year from the date of recording and must be made available and accessible to the Sheriff or other law enforcement agency designated by the Tax Collector immediately upon request for review and copying, without the need for a search warrant, subpoena, or court order.

6. The video surveillance system a nd audio recording system must be maintained in proper working order at all times. If the system becomes inoperable, it must be repaired or replaced within seventy-two (72) hours. The Licensee must inspect the system at least weekly to ensure that it is operational and that images and voices are being recorded and retained as required by this Section. The Licensee must notify the Tax Collector and Sheriff if the system becomes inoperable as soon as practicable after discovering the inoperability. The Licensee must allow the Tax Collector or Sheriff to inspect the video surveillance system and audio recorder to ensure operability.

HOA.104321635.29 21

7. The Licensee must post a sign in a conspicuous place at each entrance to the premises that states in block letters not less than one (1) inch in height as follows:

THESE PREMISES ARE UNDER VIDEO AND AUDIO SURVEILLANCE.

YOUR IMAGE AND VOICE MAY BE RECORDED.

E. Where Gun or Ammunition sales activity is the primary business performed at the business premises, a Licensee or Licensee's agent or employee must not allow a minor under eighteen (18) years of age to enter into, or remain on, the premises unless accompanied by the minor's parent or legal guardian. Where Gun or Ammunition sales activity is not the primary business performed at the business premises, a minor under eighteen (18) years of age may enter into, or remain on, the premises unaccompanied by the minor's parent or legal guardian so long as all Guns and Ammunition are wholly kept, displayed, or offered within a separate room or enclosure from which minors are excluded. A sign at each entrance to such a room or enclosure must be posted containing the language in Subsection E.2, below.

1. The Licensee is responsible fo r requiring valid proof of age and identity of persons to prevent the entry of minors. Valid proof of age and identity includes, but is not limited to, a passport, a motor vehicle operator's license, a State issued identification card, an armed forces identification card, or an employment identification card containing the bearer's signature, photograph, and birth date, or any similar documentation providing reasonable assurance of the identity and age of the individual.

HOA.104321635.29 22

2. The Licensee must post a sign in a conspicuous place at each entrance to the premises stating in block letters not less than one (1) inch in height as follows:

MINORS UNDER THE AGE OF 18 ARE NOT PERMITTED TO ENTER OR REMAIN

ON THESE PREMISES UNLESS ACCOMPANIED BY A PARENT OR LEGAL GUARDIAN.

F. Where Gun and Ammunition sales ac tivity is the primary business performed at the business premises, a Licensee or Licensee's agent or employee must not allow any person to enter, or remain on, the premises who the Licensee or the Licensee's agent or employee knows or has reason to know is prohibited from possessing or purchasing Guns under State or federal law. Where Gun or Ammunition sales activity is not the primary business performed at the business premises, a Licensee or Licensee's agent or employee must not allow any person who the Licensee or Licensee's agent or employee knows or has reason to know is prohibited from possessing or purchasing Guns under State or federal law, or to enter the separate room or enclosure in which Guns and Ammunition are kept, displayed, or offered in accordance with this Section.

SECTION 15. Section 7.46.120 is hereby added to read as follows:

7.46.120 Fingerprinting, Warning Notices and Signs, and Firearm Safety Devices.

A. The sale or transfer of any Gun re quires the purchaser or transferee to provide their right thumbprint on the California Department of Justice Dealer Record of

HOA.104321635.29 23
Sale of Firearm worksheet signed by the purchaser or transferee. The thumbprint must be recorded at the time that the worksheet is signed by the purchaser or transferee. For sales or transfers of Ammunition, the thumbprint must be recorded in the manner prescribed by the Sheriff.

B. The thumbprint record for the sale or transfer of a Gun or Ammunition must be maintained on the premises of the Licensee for the same period that the Licensee is required to maintain the Dealer Record of Sale. Such record must be made available for inspection at any time during normal business hours in accordance with Section 7.46.090.

C. No person may knowingly fail to obtain a required thumbprint, or knowingly fail to maintain the record of a thumbprint required by this Section. No person may refuse to permit the County, State, federal, or local agency to examine any record prepared in accordance with this Section during any inspection conducted pursuant to Section 7.46.090, or refuse to permit access to, or the use of, any such record or information in such record by a law enforcement agency.

D. The requirements of this Section do not apply when the purchaser or transferee is any of the following:

1. Any person described in California Penal Code section 18800 or 30330;

2. Any off-duty peace officer who displays proper agency identification that identifies him or her as an active-service peace officer;

HOA.104321635.29 24

3. Any security guard licens ed under California Penal Code section 26030(d); or

4. Any Gun and Ammunition Dealer who has been issued a federal firearms license, a certificate of eligibility by the State, and a Business License by the County.

E. A Licensee must comply with California Penal Code section 23640 regarding warning notices on firearm packaging and descriptive material accompanying firearms sold or transferred by a Licensee.

F. A Licensee must comply with California Penal Code section 26835 regarding the posting of warning signs with respect to gun safety, safe storage, access to firearms by minors, reporting loss or theft of a firearm, taking physical possession of a purchased firearm, and limitations on the purchase and delivery of firearms.

G. A Licensee must post warning signs conspicuously so that they can be easily viewed by persons to whom firearms are sold or transferred. Signs must be posted by the entrance and in one additional location where sales occur. Each sign must be at least eight and a half (8.5) inches high by eleven (11) inches wide, written in black text not less than least one (1) inch high, against a white background, as follows:

WARNING: ACCESS TO A FIREARM IN THE HOME SIGNIFICANTLY INCREASES

THE RISK OF SUICIDE, HOMICIDE, DEATH DURING DOMESTIC DISPUTES AND UNINTENTIONAL DEATHS TO CHILDREN, HOUSEHOLD MEMBERS AND OTHERS.

IF YOU OR A LOVED ONE IS EXPERIENCING DISTRESS AND/OR DEPRESSION,

HOA.104321635.29 25
CALL THE SUICIDE PREVENTION LIFELINE AT (800) 273-8255
OR THE NATIONAL SUICIDE HOTLINE AT 988.

H. For every Gun sold, leased, or tr ansferred by a Licensee, the Licensee must comply with California Penal Code section 23635 by providing an approved firearm safety device upon delivery of the Gun to the purchaser, lessee, or transferee.

SECTION 16. Section 7.46.125 is hereby added to read as follows:

7.46.125. Penalties and Enforcement.

A. A violation of any provision of this Chapter is a ground for denial, revocation, or suspension of a Business License.

B. If a Business License is suspended or revoked the name on the Business License will be publicly posted on the Tax Collector's webpage.

C. A violation of any provision of this Chapter is a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the County jail for not more than six (6) months, or by both fine and imprisonment. Each separate day, or portion of a day, during which any violation of this Chapter occurs or continues constitutes a separate offense punishable, upon conviction, as provided in this Subsection.

D. Any person who violates any provision of this Chapter may be subject to a civil action by the County, including, but not limited to, an injunction and other equitable remedies, and will be liable for a civil penalty of up to two thousand five hundred dollars ($2,500) per violation, per day, as well as attorneys' fees. The entire amount of any civil penalty collected must be paid to the Tax Collector for deposit in the General Fund.

HOA.104321635.29 26
E. Any Person who violates any provision of this Chapter may be subject to administrative fines and other remedies pursuant to Chapter 1.25 of the County Code, up to the Gun and Ammunition Dealers Business License fee amount.

F. The penalties and remedies provided for in this Chapter are nonexclusive and are cumulative with any other remedy available to the County as provided for by law.

SECTION 17. Section 7.46.130 is hereby added to read as follows:

7.46.130 Compliance by Existing Dealers – 180 Days.

Any Gun and/or Ammunition Dealer licensed on the effective date of this ordinance will have one hundred and eighty (180) days to come into full compliance with this Chapter and reapply for a Gun and Ammunition Dealers Business License.

SECTION 18. Section 7.46.140 is hereby added to read as follows:

7.46.140 Severability and General Provisions.

A. If any Section, Subsection, sentence, clause, or phrase of this Chapter is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision will not affect the validity of the remaining provisions.

B. The Board of Supervisors hereby dec lares that it would have adopted this Chapter, Section, and each Subsection, sentence, clause, and phrase thereof not declared invalid or unconstitutional, without regard to whether any portion would subsequently be declared invalid or unconstitutional.

HOA.104321635.29 27
SECTION 19. Section 7.46.150 is hereby added to read as follows:

7.46.150 Implementation.

The Tax Collector is responsible for administration of this Chapter and promulgating regulations consis tent with the provisions of this Chapter and the County Code.

SECTION 20. Section 7.46.160 is hereby added to read as follows:

7.46.160 Effective Date.

This ordinance will take effect thirty (30) days from the date of final passage by the Board of Supervisors.

SECTION 21. Section 7.14.010 is hereby amended to read as follows:

7.14.010 – Fee Schedule.

The license fees requ ired to be paid to perform, carry on, conduct, or engage in any businesses, occupations or ac tivities set forth in this Title 7, are as stated in this Chapter.

ANNUAL/ONE YEAR FEES AND

RENEWALS
First
Year
Annual
Renewal
. . .

GUN DEALERGUN AND AMMUNITION

DEALERS
$739$954 $279$577
…
[CH746EMCC]

Staff Report
January 17, 2024
ATTACHMENT 2
December 20, 2023 Staff Report

City Council Staff Report
DATE: December 20, 2023
AGENDA ITEM NO: Public Hearing - 4C
TO: The Honorable Mayor and City Council
FROM: Karl H. Berger, City Attorney
SUBJECT: An Ordinance Incorporating by Reference Chapter 7.46 of Los Angeles County Code Title 7 – Business Licenses into a new Chapter 5.90 of the Monterey Park Municipal Code (“MPMC”)
RECOMMENDATION:

It is recommended that the City Council consider:

1. Introducing and waiving first reading, and continuing the scheduled public hearing from December 20, 2023 to January 17, 2024 (pursuant to Government Code § 50022.3) to adopt an Ordinance that would incorporate by reference Los Angeles County Code Title 7, Chapter 7.46 regarding the regulation of gun dealers within the City of Monterey Park (“City”); and

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

EXECUTIVE SUMMARY
Since January, the City Council undertook a series of action in response to the mass shooting that killed 11 individuals and wounded nine others. It was the worst shooting in Los Angeles County history. In August, the City Council adopted Resolution No. 2023- R67 which, among other things, gave direction to the City Manager and City Attorney to take actions needed to support reasonable gun regulation. The draft ordinance, if adopted, would add a new Chapter to the Monterey Park Municipal Code (“MPMC”) requiring gun dealers to acquire a police permit to operate.

CEQA DETERMINATION
This Ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.) in that it is not a “project” for purposes of CEQA, as that term is defined by CEQA Guidelines § 15378. Specifically, this Ordinance constitutes creation of government regulations which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. In addition, this Ordinance is an organizational or administrative activity that will not result in a direct or indirect physical change in the environment.

BACKGROUND

The City Council took significant strides to enhance gun and ammunition regulations within the City. This includes adopting two ordinances be drafted: one requiring that trigger locks or storage devices be used for firearms; the other prohibiting firearms on City-owned property. On August 16, 2023, City Council, in accordance with Section 3(B)(8) of Resolution No. 2023-R15, adopted Ordinance § 9.58.050 entitled “Safe Storage” to the MPMC. City Council also adopted Resolution No. 2023-R67, declaring the City Council’s intent to support federal, state, and local gun regulation, including adopting various city-wide policies and authorizing the City Manager to implement the City Council’s policies. Resolution No. 2023-R67 declared City Council’s commitment to lend the City’s support to all reasonable legislation that is intended to protect public health and safety while maintaining an individual’s constitutional rights as to owning firearms. In addition, through Resolution No. 2023-R67, City Council approved a pledge for all elected officials, approved standard conditions of approval for certain conditional use permits (“CUP”), and authorized the city manager to implement this resolution.

On November 7, 2023, the Los Angeles Board of Supervisors adopted an ordinance amending the Los Angeles County Code (“LACC”) governing licenses required by gun dealers within the County’s jurisdiction. LACC Title 7 is comprised of two Divisions:

Division 1 contains the general administrative framework, including application requirements, processing information, enforcement provisions, and a schedule of fees; and Division 2 sets forth the specific business licensing requirements and prerequisites for the business activities the licensed by the County.

A review of the LACC, as amended on November 7
th, suggests that the City Council may
wish to incorporate the County regulations into the MPMC by reference. The Monterey Park Police Department (“MPPD”) would then administer the permitting process for gun dealers located within the City’s jurisdiction.

The draft Ordinance would add a new Chapter 5.90 to the MPMC that would accomplish the following:

• Requires Gun and Ammunition Dealers apply for a police permit and to annually those permits;

• Requires security camera systems consistent with the Penal Code;

• Restricts minors' presence where guns and ammunition are sold;

• Requires signs warning of risks associated with Guns be displayed;

• Requires an approved firearm safety device upon delivery of any gun sold, leased, or transferred;

• Requires Gun and Ammunition Dealers secure and maintain on the business premises a record of every gun and ammunition purchaser's thumbprint;

• Requires the maintenance of annual sales reports of Guns and Ammunition sold on the business premises for five years and the maintenance of inventory in real-time; and

• Requires the names of suspended and revoked permittees to be publicly posted.

Some of these requirements are duplicative of regulations already adopted by the City Council.

IMPLEMENTATION OF STRATEGIC PLAN GOALS

The recommended action supports the City’s strong desire to heighten safety standards and regulations affecting the use and purchase of firearms in the City.

FISCAL IMPACT

A public hearing to set a permit fee will be noticed for January 17, 2023. Any such fees will offset the costs associated with issuing and enforcing the proposed permits. The fees are based on full cost recovery and include administration and enforcement of the program, salaries, employee benefits, indirect costs, and services and supplies.

Respectfully submitted and prepared by:

_____________________________
Karl H. Berger, City Attorney

Reviewed by: Reviewed by:

_____________________________ _____________________________ Inez Alvarez, City Manager Scott Wiese, Police Chief

ATTACHMENTS

1. Draft Ordinance

City Council Staff Report
DATE: January 17, 2024
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Diana Garcia, Assistant City Manager
SUBJECT: A Resolution of the City Council of the City of Monterey Park, California Appointing Council Representatives to Specific Organizations RECOMMENDATION:

It is recommended that the City Council consider:

1. Adopting a Resolution appointing representatives to specific organizations; and

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

EXECUTIVE SUMMARY:

The City Council generally appoints representatives to various regional and community organizations annually. Appointments are recommended by the Mayor and confirmed by the City Council.

BACKGROUND:

There are currently 11 associations/organizations requir ing a City Council representative or designee. One organization, the Los Angeles County Sanitation District, requires that the Mayor be the Council representative. The alternate representative has traditionally been the Mayor Pro Tem.

At the November 1, 2023 City Council meeting, the City Council appointed Joseph Leon as the City’s Representative to the San Gabriel Valley Mosquito and Vector Control District for a term of two years pursuant to Health and Safety Code § 2024(a).

Attached for reference is Resolution No. 2023-R6, which lists the current appointments.

FISCAL IMPACT:

None.

New Business - 5A

Staff Report
January 17, 2024

Respectfully submitted by: Prepared by:

Diana Garcia
Assistant City Manager
Cindy H. Trang
Deputy City Clerk

Reviewed by:

Reviewed by:

Inez Alvarez
City Manager
Karl H. Berger
City Attorney

ATTACHMENTS

1. Resolution No. 2023-R6

2. Organizations Description and Meeting Dates /Times

3. Draft Resolution

Staff Report
January 17, 2024

ATTACHMENT 1
Resolution No. 2023-R6

RESOLUTION NO. 2023-R6

A RESOLUTION APPOINTING CITY COUNCILMEMBERS
TO SPECIFIC ORGANIZATIONS.

The City Council does resolve as follows:

SECTION 1. The City Council finds and declares that:

A. T he City Council of the City of Monterey Park supports e lected official representation in certain local associations and organizations.

B. These specific local associations and organizations require e lected official and/or staff representation.

C. T he City Council review s all committee/organization assignments annually, and appointments are made at the recommendation of the Mayor with City Council approval.

SECTION 2. Council Members and staff are appointed to the following local associations and organizations:

Board of Education/City Council Joint Use
Committee (Alhambra School District)
Representative
Alternate:

Jose Sanchez
Henry Lo
Staff
Representative:

City Manager or
Designee

California Contract Cities Association Representative: Yvonne Yiu Alternate: Vinh Ngo

Independent Cities Association Representative: Henry Lo Alternate: Jose Sanchez

League of California Cities Representative: Jose Sanchez Alternate: Henry Lo

Los Angeles County Sanitation District Representative: Mayor Alternate: Mayor Pro Tem

Resolution No. 2023-R6

San Gabriel Valley Council of Governments Representative: Yvonne Yiu Alternate: Henry Lo

San Gabriel Valley Economic Partnership Representative: Thomas Wong Alternate: Vinh Ngo

San Gabriel Valley Mosquito Abatement
District:

Representative: Joseph Leon

Sister City Commission Representative: Yvonne Yiu
Alternate: Vinh Ngo

Southern California Association of
Governments (SCAG)
Representative:

Alternate:

Thomas Wong
Jose Sanchez

LAX Roundtable Representative: Henry Lo
Alternate: Jose Sanchez

SECTION 3. This Resolution takes effect immediately upon its adoption. The City Clerk is directed to certify to the adoption of this Resolution and enter it into the book of original Resolutions.

SECTION 4. Electronic Signatures . This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.

PASSED, APPROVED, AND ADOPTED this 18
th day of January, 2023.

Henry Lo, Mayor

ATTEST:

___________________________
Maychelle Yee, City Clerk

APPROVED AS TO FORM:

________________________________
Karl H. Berger, City Attorney

Resolution No. 2023-R6

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. 2023-R6 was duly and regularly adopted by the City Council of the City of Monterey Park at a meeting held on the 18 th day of January,
2023 by the following vote:

Ayes: Council Members: Yiu, Ngo, Wong, Sanchez, Lo
Nays: Council Members: None
A bsent: Council Members: None
Abstain: Council Members: None

Dated this 18
th day of January, 2023.

___________________________________
Maychelle Yee, City Clerk
City of Monterey Park, California

Staff Report
January 17, 2024

ATTACHMENT 2
Organizations Description and Meeting Dates/Times

Updated: 12/19/2023
Summary of Organizations

• Board of Education/City Council Joint Use Committee (Alhambra Unified School District) is a joint committee to share ideas and discuss joint use efforts between the City and the Alhambra Unified District to promote safety and well-being of the children attending the schools in the City. Meetings: Varies.

• C alifornia Contract Cities Association (CCCA) is a collection of member cities united for a common cause. The general purpose is to serve as a rallying point for cities contracting for municipal services to ensure constituents the best service at the minimum cost. Through municipal seminars, education, exchange of ideas and information, the association combines resources to influence policy decisions affecting its member cities. These cities band together to form a collective voice.

Meetings: CCCA Board of Directors meetings are typically held on the third Wednesday of each month at 6:00 p.m. The location of meetings varies and rotates to member cities. More information, please visit: www.contractcities.org/.

• I ndependent Cities Association (ICA) is made up of nearly 40 member cities in the Southern California area and focuses on public safety, education, infrastructure, legislative advocacy, intergovernmental relationships, and other major issues that transcend the boundaries of its member cities. ICA holds two Annual Seminars bringing together city council members, city officials and business partners for the purpose of collaboration, networking, and knowledge exchange. The Winter Seminar (held in January) addresses public safety and the Summer Seminar (held in July) focuses on contemporary issues. Meetings: 2nd Thursday and due to the COVID- 19 pandemic, all board meetings will be virtual until further notice . For more information about this organization, please visit: www.icacities.org/.

• Le ague of California Cities is an association of California city officials who work together to enhance their knowledge and skills, exchange information, and combine resources so that they may influence policy decisions that affect cities. The Los Angeles County Division is made up of 86 cities within Los Angeles County and provides members with the opportunity to exchange ideas and information and share the advantages of cooperative advocacy. The LA County Division holds general membership meetings at various times throughout the year. Meetings vary and details can be found at https://www.calcities.org/los -a ngeles-county-division. F or more information about this organization, please visit https://www.cacities.org/.

• Los Angeles County Sanitation District #2 is a public agency focused on converting waste into resources like recycled water, energy and recycled materials. The agency consists of 24 independent special districts serving about 5.6 million people in Los Angeles County. The service areas in the map below cover approximately 850 square miles and encompasses 78 cities and unincorporated areas in the county. The LA County Sanitation District #2 requires that the Mayor be the Council representative.

The alternate representative has traditionally been the Mayor Pro Tem. Meetings are hybrid and are held on the 2nd Wednesdays at 1:30 p.m. and held at 1955 Workman Mill Rd., Whittier and via Zoom. For more information about this organization, please visit, www.lacsd.org.

Updated: 12/19/2023
• San Gabriel Valley Council of Governments (SGVCOG) is a joint powers authority made up of representatives from 30 cities, 3 Los Angeles County Supervisorial Districts, and the 3 Municipal Water Districts located in the San Gabriel Valley. The SGVCOG serves as a regional voice for its member agencies and works to improve the quality of life for the more than 2 million residents living in the San Gabriel Valley.

The SGVCOG works on issues of importance to its member agencies, including transportation, homelessness, the environment, and water, and seeks to address these regionally. Meetings are held on the 3rd Thursday of each month at 4 p.m. at the SGVCOG Monrovia Office, 3 rd Floor, 1333 S. Mayflower Ave, Suite #360, Monrovia. For more information about this organization, please visit www.sgvcog.org.

• San Gabriel Valley Economic Partnership reflect the growing and broad membership including business, local government, colleges, and universities and non- profit organizations committed to the mission of advancing the economic vitality and quality of life of the San Gabriel Valley. Meeting dates and time vary. For more information about this organization, please visit www.sgvpartnership.org/.

• S an Gabriel Valley Mosquito & Vector Control District is a public health agency that provides ongoing mosquito and vector control from the San Gabriel Mountain foothills to the 26 cities in the San Gabriel Valley . Meetings are held on the 2nd Friday of each month at 7:00 a.m. at the District’s offices located at 1145 N.

Azusa Canyon Road, West Covina. For more information about this organization, please visit www.sgvmosquito.specialdistrict.org.

• Sister Cities Commission is a City's commission to promote friendship, goodwill and a communication amongst the Sister Cities of Monterey Park by participate in the exchange of cultures bringing about productive and lasting friendships, cultural events, and programs promoting the exposure of each five Sister Cities cultures.

Meetings are held quarterly on the 1
st Tuesday of January, April, July and
October at 7 p.m. at the Monterey Park Bruggemeyer Library. For more information, please visit www.montereypark.ca.gov/651/Sister-Cities-Commission

• Southern California Association of Governments (SCAG) is a Joint Powers Authority under California state law, established as an association of local governments and agencies that voluntarily convene as a forum to address regional issues. Under federal law, SCAG is designated as a Metropolitan Planning Organization (MPO) and under state law as a Regional Transportation Planning Agency and a Council of Governments. Regional Council meetings are hybrid and are held on the 1
st Thursday of each month at 12:00- 2:00 p.m. at the SCAG Offices located at 900 Wilshire Blvd. Ste. 1700, Los Angeles or via Zoom. For more information about this organization, please visit www.scag.ca.gov.

• LAX/Community Noise Roundtable was created in September 2000 to provide an interactive forum to address current aircraft noise issues associated with aircraft operations to, from and at Los Angeles International Airport. Membership of the Roundtable consists of local elected officials and staff, representatives of congressional offices, members of recognized community groups, the FAA, the airlines and LAWA. This forum provides a mechanism to identify and address noise concerns by recommending courses of action to LAWA, the FAA, or other responsible

Updated: 12/19/2023
entity that could reduce noise over affected communities. The Roundtable currently meets on the 3rd Wednesday of every odd numbered month and may schedule additional meetings as needed and held via video conference until further notice. For more information about this organization, please visit www.lawa.org/lawa-
environment/noise-management/lawa-noise-management-lax/community-noise- roundtable.

Staff Report
January 17, 2024

ATTACHMENT 3
Draft Resolution

RESOLUTION NO.

A RESOLUTION APPOINTING CITY COUNCILMEMBERS
TO SPECIFIC ORGANIZATIONS.

The City Council does resolve as follows:

SECTION 1. The City Council finds and declares that:

A. The City Council of the City of Monterey Park supports elected official representation in certain local associations and organizations.

B. These specific local associations and organizations require elected official and/or staff representation.

C. The City Council reviews all committee/organization assignments annually, and appointments are made at the recommendation of the Mayor with City Council approval.

SECTION 2. Council Members and staff are appointed to the following local associations and organizations:

Board of Education/City Council Joint Use
Committee (Alhambra School District)
Representative:

Alternate:

Staff
Representative:

City Manager or
Designee

California Contract Cities Association Representative:

Alternate:

Independent Cities Association Representative:

Alternate:

League of California Cities Representative:

Alternate:

Los Angeles County Sanitation District Representative: Mayor Alternate: Mayor Pro Tem

Resolution No.

San Gabriel Valley Council of Governments Representative:

Alternate:

San Gabriel Valley Economic Partnership Representative:

Alternate:

San Gabriel Valley Mosquito Abatement
District:

Representative: Joseph Leon

Sister City Commission Representative:

Alternate:

Southern California Association of
Governments (SCAG)
Representative:

Alternate:

LAX Roundtable Representative:

Alternate:

SECTION 3. This Resolution takes effect immediately upon its adoption. The City Clerk is directed to certify to the adoption of this Resolution and enter it into the book of original Resolutions.

SECTION 4. Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.

PASSED, APPROVED, AND ADOPTED this 17
th day of January, 2024.

Jose Sanchez, Mayor

ATTEST:

___________________________
Maychelle Yee, City Clerk

APPROVED AS TO FORM:

________________________________
Karl H. Berger, City Attorney

City Council Staff Report
DATE: January 17, 2024
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Robert Aguirre, Director of Recreation & Community Services SUBJECT: Requesting direction from the City Council regarding the structure of the Sister Cities Commission
RECOMMENDATION:

It is recommended that the City Council consider:

1. Providing direction to the City Manager regarding the structure of the Sister Cities Commission; and

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

EXECUTIVE SUMMARY:

Resolution No. 10281 established a Sister Cities Commission in 1998 (Attachment 1). A subsequent Resolution (No. 10549) added a new sister city (Yeongdeungpo-Gu Seoul, South Korea) and expanded the Sister Cities Commission membership (Attachment 2).

The Sister Cities Commission is comprised of three members from each Sister Cities Associations, one of which is the Association President. This Commission operates differently than the City’s other Commissions, with a set of by-laws developed specifically for this Commission. In 2013, the City Council exempted the Commission from the regulations generally governing the City’s boards and commissions in Monterey Park Municipal Code Chapter 2.82 (Attachment 3).

Representatives from the Sister Cities Commission expressed the desire to continue with utilizing a separate set of by-laws and board members. The Commission members are not appointed by City Councilmembers and the Commission is not subject to MPMC Chapter 2.82, making oversight of the Commission by the City Council challenging . The City Manager and Recreation and Community Services Director have asked representatives from the Commission to establish a nonprofit corporation separate from the City.

Since 2021, the Sister Cities Commission has met five times out of the fifteen scheduled meetings due to lack of quorum. A quorum for the Sister Cities Commission is defined as one member from three of the five cities and at least seven members total. The Commission has not been involved in any of the City’s events or programs and the City New Business - 5B

Staff Report

January 17, 2024
has looked to the Community Participation Commission for support at City activities. The Director requested updated information from each of the Sisters City Associations and found that one of the Associations (Nachikatsurra, Japan) has Active nonprofit status, but none of them possess General Liability Insurance.

BACKGROUND:

Founded in 1956 by President Eisenhower, Sister Cities International is a non-profit organization that unites cities worldwide through cultural programs, business opportunities, and educational exchanges. Monterey Park currently associates itself with five Sister Cities:
• Quanzhou, China, Sister City Association
• Nachikatsurra, Japan, Sister City Association
• New Taipei City (formerly Yung-Ho) Taiwan, Sister City Association • Morelia, Mexico, Sister City Association
• Yeongdeungpo-Gu, Seoul, South Korea Sister City Association These associations are independent organizations. In the past, these associations have planned and implemented student exchange programs and fundraising events. The stated mission of the Sister Cities Commission includes fostering friendship, goodwill and communication among the Sister Cities; participating in the exchange of cultures through events; participating in City of Monterey Park cultural events and programs; and serving as cultural ambassadors to sister city visitors. Before 2020, the Sister Cities Commission planned a cultural event/fundraiser, a Mardi Gras event, a Look-A-Like talent show, and a fundraising dinner.

Since 2021, the City Commission has met five times out of the fifteen scheduled meetings due to lack of quorum. A quorum for the Sister Cities Commission is defined as one member from three of the five cities and at least seven members total . The Sister Cities Commission has not been involved with any City events or programs for several years.

FISCAL IMPACT:

No fiscal impact

Staff Report

January 17, 2024
Respectfully submitted by:

Robert Aguirre
Director of Recreation &
Community Services
Approved by: Reviewed by:

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

1. Resolution 10281

2. Resolution 10549

3. Monterey Park Municipal Code Chapter 2.82

ATTACHMENT 1
Resolution 10281
Staff Report
January 17, 2024

..

RESOLUTION NO. 10281
.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF MONTEREY PARK, CALIFORNIA, ESTABLISHING A

SISTER CITY COMMISSION
WHEREAS, the Sister City Commission is created to promote friendship, goodwill and a communication between the Sister Cities of Monterey Park by learning and accepting the beauty and uniqueness of each other's cultures; and
WHEREAS, at the City Meeting of June 17, 1998, the Council of the City of Monterey Park adopted the establishment of the Sister City Commission. • NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEREY PARK DOES HEREBY RESOLVE, DECLARE, AND DETERMINE AS FOLLOWS:

SECTION I. Establish the Sister City Commission to fall under the jurisdiction of the City Manager's Office.

SECTION 2. The Sister City Commission is authorized to establish its own bylaws, elect its own officers and submit an annual report to the City Council.

SECTION 3. The Sister City Commission shall not be subject to the regulation set forth under the Monterey Park Municipal Code Chapter 2.82.

SECTION 4. The Mission Statement of the Sister City Commission is:
(a) to foster friendship, goodwill and a communication among the Sister Cities of Monterey Park through direct personal contact. (b) to participate in the exchange of cultures bringing about productive and lasting friendships.
(c) to participate in the City of Monterey Park's cultural events and programs promoting the exposure of their culture.
(d) to serve as cultural ambassadors to sister city visitors, thus bringing recognition to the City of Monterey Park.

SECTION 5. Members of the Sister City Commission, presently, shall be the President and one (I) member of each of the four ( 4) Sister City Associations, constituting an eight (8) member commission plus a corresponding/minutes secretary. However, should the City establish any new Sister City relationships, then those Associations shall automatically become members with their respective President and one (1) member being seated on the Commission.

Resolution No.

Page No. Two
10281
SECTION 6. The Sister City Commission shall presently be composed of the following Monterey Park Sister City Associations:
(a) Quanzhou, China Sister City Association
(b) Nachikasuura, Japan Sister City Association
(c) Yung-Ho, Taiwan Sister City Association
(d) Morelia, Mexico Sister City Association
SECTION 6. The Sister City Commission will select a Council Member to attend the meetings in an advisory capacity for the City of Monterey Park.

PASSED, APPROVED, AND ADOPTED this 17th day of June, 1998 .

Attest:
dl{r:d&::c{J~.

City of Monterey Park
California
.
1~~
Francisco Alonso, Mayor
City of Monterey Park,
California

..

Resolution No. 10281
Page No. Three
State of California )
County of Los Angeles) ss.

City of Monterey Park )
I, David M. Barron, City Clerk of the City of Monterey Park, California, do hereby certify that the foregoing Resolution No.10281 was duly and regularly adopted by the City Council of the City of Monterey Park at a meeting held on the 17th day of June, 1998 , by the following vote:

Ayes: COUNCIi.MEMBERS: PURVIS_. BALDERRAMA. VALKNZIIBLA. CHU,. ALONSO Naes: COUNCILMF.MBERS: NONE

Absent: COUNCIi.MEMBERS: NONE
Abstain: COUNCIi.MEMBERS: NONE
Dated this 17th day of June, 1998.

David M. Barron, City Clerk
City of Monterey Park,
California

ATTACHMENT 2
Resolution 10549
Staff Report
January 17, 2024

RESOLUTION NO. 10549
AN AMENDMENT TO RESOLUTION NO. 10281 OF THE

CITY COUNCIL OF THE CITY OF MONTEREY PARK,

CALIFORNIA RELATING TO THE NUMBER OF

COMMISSIONERS TO SERVE ON THE SISTER CITIES
COMMISSION.

WHEREAS, on June 17, 1998, in an effort to further promote friendship, goodwill and communication among the Sister City Associations of Monterey Park, the Sister Cities Commission was established by Resolution No. 10281; and
WHEREAS, currently there are eight commissioners, the President and one representative from each of the four Sister City Associations of Monterey Park (Morelia, Mexico; Yung-Ho, Taiwan, Quanzhou, China; N achikatsuura, Japan) serving on the commission; and WHEREAS, at their meeting of July 11, 2000, the Sister Cities Commission requested an amendment to Section 5 of Resolution No. 10281 to increase the number of representatives whereby the President and two representatives from each sister city association will serve on the Commission.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEREY PARK DOES HEREBY AMEND SECTION 5 OF RESOLUTION NO. 10281 TO READ AS FOLLOWS:

Attest:
"Members of the Sister Cities Commission shall be the President and two members of
each of the four Sister City Associations, constituting a twelve (12) member commission plus a corresponding/minutes secretary. However, should the City establish any new Sister City relationships, then those Associations shall automatically become members with their respective President and two (2) members being seated on the commission."
PASSED, APPROVED, AND ADOPTED this 4th day of October, 2000.

I '
h~
Jamin "Frank" Venti, Mayor
ty of Monterey Park,
California
~,11.M.«
David M. Barron, City Clerk
City of Monterey Park
California

Resolution No. 10549
Page No. Two
State of California )
County of Los Angeles) ss.

City of Monterey Park )
I, David M. Barron, City Clerk of the City of Monterey Park, California, do hereby certify that the foregoing Resolution No. 1054~as duly and regularly adopted by the City Council of the City of Monterey Park at a meeting held on the 4th day of October, 2000, by the following vote:

Ayes: ·COUNCILMEMBERS: VALENZUELA, CHO, BALDERRAMA, ALONSO, VENTI Naes: COUNCILKEMBERS: NONE

Absent: COUNCIi.MEMBERS: NONE
Abstain: COUNCIi.MEMBERS: NONE
Dated this 4th day of October, 2000.
4-~/S~
David M. Barron, City Clerk
City of Monterey Park,
California

ATTACHMENT 3
Monterey Park Municipal Code Chapter 2.82
Staff Report
January 17, 2024

RESOLUTION NO. 11589

A RESOLUTION ESTABLISHING VARIOUS BOARDS AND
COMMISSION IN ACCORDANCE WITH CHAPTER 2.82 OF
THE MONTEREY PARK MUNICIPAL CODE.

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

SECTION 1: Unless otherwise provide by this Resolution, all Boards and Commissions established by this Resolution will conform with Monterey Park Municipal Code ("MPMC") Chapter 2.82 as to membership, terms, and procedures.

SECTION 2: Commission on Aging. The City Council establishes a Commission on Aging as follows:

A. Membership. The Commission on Aging will consist of ten individuals. Each councilmember may appoint two individuals to the Commission on Aging in accordance with MPMC Chapter 2.82.

B. Responsibilities. The Commission on Aging may undertake the following activities:

1. Provide liaison and coordination among the senior citizen community, the city council, the recreation and parks commission, the community relations comm1ss1on, community service
organizations, and other governmental and private agencies in relation to aging;

2. Promote and encourage community interest and
responsibility to correct and prevent problems of aging;

3. Obtain resources for available grants and funds for senior citizen projects;

4. Improve the physical and social environment with respect to senior citizens;

5. Obtain and distribute resource information for various services intended to benefit senior citizens such as legal aid, medical programs, housing and transportation;

6. Encourage established agencies to take responsibility for meeting needs as they are discovered and to take all appropriate action;

Resolution No. 11589

7. Develop and assist in planning appropriate services or projects if existing agencies are unable to meet the need;

8. Participate in the establishment of the policy and/or program development of such service or project during and after its formulation; and

9. Act in an advisory capacity to the city council in all matters pertaining to senior citizen problems.

SECTION 3: Business Improvement District Advisory Committee. The City Council establishes a Business Improvement District Advisory Committee as follows:

A. Membership. Members serving on the Business Improvement District Advisory Committee must own or operate a business within the business improvement district.

B. Responsibilities. The Business Improvement District Advisory Committee may undertake the following activities:

1. Make recommendations to the City Council regarding
operations and marketing for the downtown business area;

2. Make recommendations to the City Council regarding the methods and ways in which the revenue is derived from the charges, assessments and contributions imposed or authorized by Chapter 5.82 of this Code and California Streets and Highways Code §§ 36500, et.seq.

SECTION 4: Youth Advisory Board. The Youth Advisory Board established by Resolution No. 9939 and Resolution No. 9984 is dissolved and Resolution Nos. 9939 and 9984 are repealed.

SECTION 5: Community Participation Commission. The City Council establishes a Community Participation Commission as follows:

A. Membership. The Community Participation Commission will consist of ten members plus seven non-voting youth members. Each councilmember may appoint two individuals to the Community Participation Commission in accordance with MPMC Chapter 2.82.

B. Youth members will be selected by the Community Participation Commission as follows:

1. Three members from the Alhambra Unified School District;

Resolution No. 11589

2. Two members from the Montebello Unified School District;

3. Two members at large from the community to accommodate students attending private schools

4. Members must be currently attending high school or
attended within the last six months.

C. Responsibilities. The Community Participation Commission may undertake the following activities:

1. Coordinate activities and programs with the Youth Advisory Board;

2. Seek out and publicize artistic, cultural and historic exhibits, performances and opportunities that enhances the community;

3. Increase public awareness and appreciation of Monterey Park's history and heritage;

4. Preserve memorabilia and records of the history of Monterey Park and maintain a written history of the city;

5. Conduct and recommend programs which will increase good will among residents of the community and open new opportunities into all phases of community life for all residents;

6. To make residents aware of the services, programs and organizations available in the community;

7. Provide information and opportunities for newcomers to become involved in the community;

8. Foster mutual regard and understanding among all racial, religious and ethnic groups in the community;

9. Participate in community affairs;

10. Promote and encourage community interest and
responsibility to correct and prevent conditions of neighborhood blight and deterioration by developing programs and resources in order to provide for a more suitable living environment for all residents;

11. Involve youths in community activities; and

Resolution No. 11589

12. Act in an advisory capacity to the city council on all matters pertaining to the city's community participation activities.

13. Review existing youth programs and make
recommendations to improve these programs;

14. Inform the Community Participation Commission and City Council of the needs, concerns, achievements, goals and problems of the youth in the community;

15. Promote increased interest and participation among the youth in community affairs;

16. Foster increased understanding between youth groups within the community by providing conflict resolution; and

17. Provide an annual report to the City Council via the Community Participation Commission regarding the status of the community's youth.

SECTION 6: Economic Development Advisory Commission. The City Council establishes an Economic Development Advisory Commission as follows:

A. Membership. Each member must be either a resident of the city or have business experience with a background in finance, economics or development.

B. Responsibilities. The Economic Development Advisory
Commission may undertake the following activities:

1. Monitor implementation of the most current economic
development strategic plan adopted by the city council;

2. Recommend updates or amendments to the economic
development strategic plan as deemed necessary;

3. Provide the city council with annual reports on progress towards meeting economic and community development goals as identified in the economic development strategic plan; and

4. Act in an advisory capacity to the city council on the needs of local businesses, and the availability of economic development opportunities and resources.

Resolution No. 11589

SECTION 7: Environmental Commission. The City Council establishes an Environmental Commission as follows:

A. Membership. The Environmental Commission will consist of five members plus two ex officio youth members appointed by the Environmental Commission. Each member may be a resident of the city of Monterey Park, an individual operating or working in the city of Monterey Park, or a professional or scholar in the environmental field.

B. Responsibilities. The Environmental Commission may undertake the following activities:

1. Develops and implement policies and procedures relevant to the environment and sustainability of the community;

2. Promote programs to increase the education and awareness of the environment, in addition to providing direct benefits to individual residents and businesses through dollar savings;

3. Investigate potential funding in order to implement programs directly in the community and to operate the activities of the commission;

4. Monitoring legislative activities that would affect the city and provide recommendations to the city council;

5. Undertake such activities as directed by the city council for other issues deemed necessary as the environmental integrity of the city that affects numerous areas of municipal government, planning, transportation, air quality, congestion management, and community improvement; and

6. Serve in advisory capacity to the city council on issues deemed relevant to the environment and sustainability of the city.

SECTION 8: Recreation and Parks Commission. The City Council establishes a Recreation and Parks Commission as follows:

A Membership. The Recreation and Parks Commission will consist of five members plus ex officio member( s) as approved by the city manager or it's designees. Regular members cannot hold any paid office or employment in the city government.

B. Responsibilities. The Recreation and Parks Commission may undertake the following activities:

Resolution No. 11589

1. Act in advisory capacity to the city council and administrative personnel in all matters pertaining to parks, parkways and public recreation and to cooperate with other governmental agencies and civic groups in the acquisition, planning and programming thereof;

2. Formulate and propose policies on recreation services for approval by the city council;

3. Make periodic inventories of recreation services that may be needed and interpret the needs of the public to the city council and administration;

4. Aid in coordinating the recreation services with the programs of other governmental agencies and voluntary organizations;

5. Inform the public of the policies and functions of the recreation and parks program; and

6. Inform, advise and cooperate with boards of education and boards of school trustees of school districts comprising a part of the city or being immediately adjacent to the city to the extent that such information, advice and cooperation shall be proper and desirable in preparing, revising or carrying out the park or recreation program of the city.

SECTION 9: All boards and commissions nametags, business cards and letterheads must be approved by the city manager or his designee.

SECTION 10. Resolution is exempt from review under the California Environmental Quality Act (California Public Resources Code§§ 21000, et seq., "CEQA") and CEQA regulations (14 California Code of Regulations§§ 15000, et seq.) because it consists only of revisions and clarifications to existing codes and procedures regarding appointing persons to City commissions, boards, and committees. Adopting this Resolution will not have the effect of deleting or substantially changing any regulatory standards or required findings.

SECTION 11: This Resolution will become effective on the same date as Ordinance No. 2098 and will remain effective unless repealed or superseded.

SECTION 12: The City Clerk will certify to the passage and adoption of this Resolution; will enter the same in the book of original Resolutions of said City; and will make a minute of the passage and adoption thereof in the record of proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted.

Resolution No. 11589

PASSED AND ADOPTED this 19th day of June, 2013.

ATTEST:

Vincent Chang,
City Clerk
By:
~~
Teresa Real Sebastian,
Mayor
State of California )
County of Los Angeles ) ss.

City of Monterey Park )
I, Vincent D. Chang, City Clerk of the City of Monterey Park, California, do hereby certify that the foregoing Resolution No. 11589 was duly and regularly adopted by the City Council of the City of Monterey Park at a meeting held on the 19th day of June, 2013, by the following vote:

Ayes:

Nayes:

Absent:

Abstain:

Council Members: Chan, Liang, Wong
Council Members: lng, Real Sebastian
Council Members: None
Council Members: None
Dated this 19th day of June, 2013.

Vincent Chang. City C
City of Monterey Park,

City Council Staff Report
DATE: January 17, 2024
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Karl H. Berger, City Attorney
SUBJECT: Consideration and possible action to authorize the Mayor to execute a three-year Employment Agreement ( with one-year extension) with Ms.

Inez Alvarez, in a form approved by the City Attorney, for City Manager services. Fiscal impacts include, without limitation, a (1) base compensation for a total of $265,000 beginning November 15, 2023; (2) vehicle allowance of $600 per month; and (3) medical, disability, and other fringe benefits including, without limitation, CalPERS retirement benefits substantially the same as other department directors . The total compensation package is approximately $ 325,278 for the first year. An increase in base salary to median salary (of similarly sized cities) may occur on January 1, 2025 with a corresponding increase in total compensation.

RECOMMENDATION:

It is recommended that the City Council consider:

1. Authorize the Mayor to execute an Agreement with Ms. Inez Alvarez, in a form approved by the City Attorney; and

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

EXECUTIVE SUMMARY:

Upon direction from the City Council, the City Attorney negotiated a three-year employment agreement with Ms. Inez Alvarez to serve as City Manager. This Agreement includes a one-year extension. Ms. Alvarez was appointed City Manager on November 15, 2023.

A summary of the Agreement (see Attachment A) includes:
• A base salary of $265,000 beginning November 15, 2023 • $600 a month car allowance; and
• Substantially similar benefits (health, leave times, etc.) as other executive management employees.

New Business - 5C

Staff Report

January 17, 2024
BACKGROUND:

City Manager Alvarez first joined the City of Monterey Park in 2018 as the Director of Recreation and Community Services . In 2020 – during the COVID-19 Pandemic – Ms.

Alvarez was appointed as the Assistant City Manager. She served in that capacity until the retirement of former City Manager Ron Bow in July 2023. Until she was appointed City Manager on November 15, 2023, Ms. Alvarez served as Interim City Manager after Mr.

Bow’s departure.

A comprehensive overview of Ms. Alvarez’s accomplishments during (and before) her employment with the City is included in her attached resume. Among other things, Ms.

Alvarez is a doctoral candidate for a doctorate in Public Administration (expected in 2024).

Ms. Alvarez is the 20
th City Manager for the City of Monterey Park since 1948.

FISCAL IMPACT:

The total compensation package for Ms. Alvarez in the first year of the Agreement is $325,278. It is anticipated that the base salary will increase on January 1, 2025 to a competitive median salary with a corresponding increase in the total compensation package.

Respectfully submitted by:

Karl H. Berger
City Attorney

ATTACHMENTS

1. City Manager Employment Agreement

2. Resume

3. Historical City Manager List

Staff Report
January 17, 2024
ATTACHMENT 1
City Manager Employment Agreement

CITY OF MONTEREY PARK

CITY MANAGER EMPLOYMENT AGREEMENT
THIS AGREEMENT is made and entered into on the ___ day of January 2024, by and between the CITY OF MONTEREY PARK, a municipal corporation and general law city (“CITY”) and INEZ ALVAREZ, an individual (“EMPLOYEE”). CITY and EMPLOYEE agree as follows:

1. RECITALS. This Agreement is entered into with the following understandings and objectives:

A. CITY desires to employ EMPLOYEE as City Manager as provided by California law and CITY’s past practice.

B. It is CITY’s desire to provide certain benefits, establish certain conditions of employment and set working conditions of EMPLOYEE.

C. It is CITY’s desire to secure and retain EMPLOYEE and to provide inducement to remain in such employment; deter against malfeasance or dishonesty for personal gain on EMPLOYEE’s part; and permit a reasonable means of terminating EMPLOYEE’s services.

D. EMPLOYEE desires to accept employment as City Manager, pursuant to the terms and conditions herein set forth.

2. DUTIES
: EMPLOYEE is appointed as CITY’s City Manager. CITY agrees to employ EMPLOYEE to perform the functions and duties specified by statute and relevant CITY ordinances and resolutions for a City Manager, and to perform such other legally permissible and proper duties and functions as CITY may from time to time assign.

3. TERM:

A. This Agreement will become retroactively effective on November 15, 2023
and, except as otherwise provided, terminate on December 31, 2027. Unless terminated or amended at least 60 days before December 31, 2027, this Agreement will renew on January 1, 2028 for one additional year.

B. Except
as otherwise provided in this Agreement, nothing prevents, limits, or otherwise interferes with the right of the City Council to terminate the services of EMPLOYEE at any time.

C. Nothing in this Agreement prevents, limits, or otherwise interferes with the right of EMPLOYEE to resign at any time from his position with CITY in accordance with this Agreement.

D. Except as otherwise provided EMPLOYEE agrees to remain in the exclusive employ of CITY and not become employed by any other employer until this Agreement lapses or is terminated. Notwithstanding the foregoing, EMPLOYEE may, with the City Council’s prior approval, undertake limited outside activities for teaching, writing, or other City Council approved activity, not to exceed four hours per week, if performed outside of normal working hours and provided that such activities do not in any way interfere with or adversely affect his employment as City Manager or the performance of his duties as provided herein.

4. TERMINATION AND SEVERANCE PAY:

A. EMPLOYEE serves at the City Council’s pleasure and may be terminated at any time, with or without cause.

B. Except as otherwise provided in this Agreement, in the event EMPLOYEE and/or this Agreement is terminated by the City Council during such time that EMPLOYEE is willing and able to perform duties of City Manager such that the termination date would occur before December 31, 2027 (or, if renewed, December 31, 2028) , and EMPLOYEE delivers a fully executed copy of the Separation and Release Agreement attached as Exhibit “A,” and incorporated by reference, within 30 days of termination then, in that event, CITY agrees to pay EMPLOYEE a lump sum amount equal to the lesser of (i) the amount of base pay that EMPLOYEE would have earned through December 31, 2027 (or, if renewed, December 31, 2028); or (ii) six months of EMPLOYEE’s base salary.

C. Should EMPLOYEE be terminated for cause including, without limitation, the willful breach or habitual neglect of the duties that EMPLOYEE is required to perform under the terms of this Agreement; conviction of any felony; conviction of any crime involving moral turpitude; or removal from office by the Grand Jury; then, in that event, CITY has no obligation to pay any severance designated in this Section except benefits which otherwise vested in EMPLOYEE.

D. Upon any termination of this EMPLOYEE’s employment, CITY will pay EMPLOYEE upon the effective date of such termination, an amount equal to the value of the employee’s accumulated, but unpaid and unused vacation and sick time in accordance with the vacation and sick time cash out policies applicable to the executive management employees.

E. In the event CITY, at any time during the employment term, reduces the salary or other financial benefits of EMPLOYEE in a greater percentage than an applicable across-the-board reduction of all CITY employees, or in the event CITY refuses, following writt en notice, to comply with any other provision benefiting EMPLOYEE herein, or EMPLOYEE resigns following a

formal written request by a majority of the City Council that she resign; then, in that event, EMPLOYEE may, at her option, be deemed “terminated” at the time of such reduction, or after the next City Council meeting after such suggestion is made, in which case, EMPLOYEE is entitled to be paid severance pay and receive the other severance benefits described in this Section.

F. CITY may not terminate EMPLOYEE during the 120-day period following a general or special election for City Council or following the appointment of a new Council, except for willful misconduct.

G. In the event EMPLOYEE voluntarily resigns her position with CITY before expiration of the aforesaid term of employment, EMPLOYEE must give CITY a minimum of 30 calendar days prior written notice to the Mayor or the City Attorney. In that event, EMPLOYEE is not entitled to severance.

5. HOURS OF WORK: EMPLOYEE is expected to work at least 40 hours per week, including devoting necessary time outside normal office hours to the business of CITY.

To that end EMPLOYEE can adjust his hours of work as may be appropriate under the circumstances.

6. FRINGE BENEFITS:

A. Separation of Benefits. The Parties intend that EMPLOYEE’s fringe benefits be separate from that of the Executive Management Team as identified in Resolution No. 12236, adopted April 21, 2021. Accordingly, while this Agreement incorporates certain sections of Resolution No. 12236 by reference, it is not linked to any amendments to Resolution No. 12236 or subsequently adopted resolutions. All substantive sections of Resolution No. 12236 are incorporated by reference except Sections 1, 2, 3, 4, 15, 22, and 24. Section 9 of Resolution No. 12236 will survive termination of this Agreement unless EMPLOYEE is terminated for cause or is paid a severance as anticipated above.

B. Automobile Expense Allowance. CITY will provide EMPLOYEE with an automobile expense allowance of $ 600 per month. EMPLOYEE must provide her own automobile for her use in the performance of her duties and be responsible for all maintenance, repair, fuel and insurance expenses for said vehicle. CITY must be named as an additional insured on EMPLOYEE’s personal automobile insurance for liability purposes.

C. Dues and Subscriptions: To the extent feasible, CITY agrees to budget and to pay the professional dues and subscriptions of EMPLOYEE necessary for her continuation and full participation in national, regional, state, and local associations and organizations necessary and desirable for her

continued professional participation, growth, and advancement, and for the good of CITY.

D. Professional Development:
i. To the extent feasible, CITY agrees to budget and pay the travel and subsistence expenses of EMPLOYEE for professional and official travel, meetings, and occasions adequate to continued professional development of EMPLOYEE and to adequately pursue necessary official and other functions for CITY including, without limitation, the International City Managers Association Conference, the League of California Cities, and regional, state, and local governmental groups and committees thereof on which EMPLOYEE serves as a member.

Such reimbursement must be according to such travel
reimbursement policies as are then in effect for other CITY employees. The parties intend that this will cover one national conference and two state conferences annually.
ii. CITY also agrees that, to the extent feasible, and with City Council approval, it will budget and pay for the travel and subsistence expenses for EMPLOYEE for short courses in institutes and seminars that are necessary for his professional development and for the good of CITY.

DI. Vacation. As of November 15, 2023, EMPLOYEE is credited with xxx hours of vacation leave. Thereafter, she will accrue vacation leave at 200 hours per year up to a cap of 600 hours, i.e., EMPLOYEE cannot accrue vacation leave over 600 hours.

7. SALARY:

A. Beginning November 15, 2023, CITY agrees to pay EMPLOYEE for her services rendered pursuant to this Agreement an annual salary of $265,000 which is payable to EMPLOYEE in equal installments at the same time as other employees of CITY are paid.

B. Subject
to a one-year performance evaluation, or if no evaluation is conducted within 30 days of EMPLOYEE’s request, January 1, 2025 CITY will pay EMPLOYEE for her services rendered pursuant to this Agreement an annual salary comparable to the median salary of city managers in similarly sized cities which is payable to EMPLOYEE in equal installments at the same time as other CITY employees are paid.

C. Nothing in this Section prevents CITY’s City Council from increasing or decreasing EMPLOYEE’s salary to a different amount following an evaluation and written amendment to this Agreement.

8. CHANGES: This Agreement may be changed or amended by the mutual written consent of CITY and EMPLOYEE. Any benefits to EMPLOYEE under this Agreement may be increased or added to by motion of the City Council without formal amendment to the Agreement.

9. BONDING: CITY will pay for the cost of fiduciary bonds required of EMPLOYEE as a consequence of the exercise of his duties under this Agreement.

10. INDEMNIFICATION:

A. CITY must indemnify and defend EMPLOYEE from any and all claims, demands, actions, losses, or charges arising out of, related to, or as a consequence of EMPLOYEE performing his duties as City Manager.

Further, CITY must pay all expenses, costs and attorney ’s fees arising out of or related to the same.

B. The Parties agree that this Section will survive the termination of this Agreement and EMPLOYEE’s employment. CITY’s obligations under this Section apply whether EMPLOYEE is or is not employed by the CITY at the time any such claim, demand, action, loss or charge is made or occurs, as the case may be so long as the action giving rise to the claim occurred during the time EMPLOYEE was employed by CITY.

11. CITY MANAGER DUTIES AND ETHICS CODE: The City Council will not intervene with the execution of the City Manager’s powers and duties as provided by the Monterey Park Municipal Code or other applicable law. EMPLOYEE is expected to conform to the ICMA Code of Ethics.

12. PERFORMANCE EVALUATION: The City Council may evaluate EMPLOYEE at any time and must provide a written evaluation of EMPLOYEE ’s performance on an annual basis (on or before the anniversary date of this Agreement). Such evaluations will become a part of EMPLOYEE’s personnel file. For any such evaluation, EMPLOYEE or the City Council may require that CITY contract with a third-party consultant to interview individual City Councilmembers regarding EMPLOYEE’s performance and prepare a report for the entire City Council to use in evaluating EMPLOYEE’s performance.

13. ASSEMBLY BILL 1344 (GOVERNMENT CODE § 53243, ET SEQ.) COMPLIANCE:

To the extent CITY provides: (i) paid leave to EMPLOYEE pending an investigation; (ii) funds for the legal criminal defense of the EMPLOYEE; and/or (iii) a cash settlement to EMPLOYEE related to the termination of the EMPLOYEE, pursuant to this AGREEMENT and Government Code § 53243, et seq., EMPLOYEE must fully reimburse the City for any and all amounts paid by the City which fall within subsections (i) through (iii) in the event that the EMPLOYEE is convicted of a crime involving the abuse of his office or position.

14. WAIVER OF BREACH: No waiver of the breach of any of the covenants, agreements, provisions, or conditions of this Agreement by either party will be construed to be a waiver of any succeeding breach of the same or other covenants, agreements, provisions or conditions of this Agreement. No delay or omission of CITY or EMPLOYEE in exercising any right, power, or remedy herein provided in the event of default will be construed as a waiver thereof, or acquiescence therein.

15. ENTIRE CONTRACT: This Agreement contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument will be of no force or effect excepting a subsequent modification in writing signed by CITY and EMPLOYEE.

16. PARTIAL INVALIDITY: Partial invalidity of this Agreement will not affect the remainder.

17. VENUE: This Agreement will be interpreted in accordance with California law and venue is in Los Angeles County.

18. BINDING EFFECT: This Agreement is binding upon and inures to the benefit of the parties and their successors, heirs, agents and personal representatives.

19. SEVERABILITY: Each portion of this Agreement is separate and if any portion is found to be invalid by a court of competent jurisdiction, the remaining portions must each remain in full force and effect.

IN WITNESS WHEREOF, the parties have caused this Agreement to be signed and executed this ___ day of January 2024.

City of Monterey Park,
a municipal corporation.

__________________________ ___________________________ Jose Sanchez, Mayor Inez Alvarez

ATTEST:

___________________________
Maychelle Yee, City Clerk

APPROVED AS TO FORM

___________________________
Karl H. Berger, City Attorney

EXHIBIT A

SEPARATION AND RELEASE AGREEMENT
This Separation, Severance and General Release Agreement (“AGREEMENT”) is made and executed as of _________, by and between INEZ ALVAREZ (“EMPLOYEE”) and the CITY OF MONTEREY PARK (“CITY”). The Parties agree as follows:

1. RECITALS
A. EMPLOYEE commenced employment with the CITY as city manager on or about November 15, 2023. Pursuant to an employment agreement executed on or about January __, 2024 (the “Employment Agreement”), the Parties agreed that EMPLOYEE would be paid a lump sum amount for severance if terminated for convenience and after executing this AGREEMENT.

B. This AGREEMENT is made to amicably resolve all matters between EMPLOYEE and the CITY regarding EMPLOYEE’s employment and the cessation of employment.

C. The parties understand and agree that a material purpose of this AGREEMENT is to resolve any disputes and CLAIMS arising from or relating to EMPLOYEE’s employment with CITY, if any, and provide for a separation payment for EMPLOYEE.

2. CONSIDERATION
A. In exchange for EMPLOYEE’s execution, faithful performance and compliance with this AGREEMENT including, without limitation, the granting of the releases set forth herein, and in full satisfaction and settlement of EMPLOYEE’s CLAIMS, if any, the CITY will pay EMPLOYEE a lump sum equivalent to six months of his then base salary or the remaining term of his Employment Agreement, whichever is less (“SEVERANCE PAYMENT”) in the form of a check made payable to Inez Alvarez, to be delivered within 10 days of the EFFECTIVE DATE of this AGREEMENT. Required tax withholdings and deductions will be made from the SEVERANCE PAYMENT. EMPLOYEE understands and agrees that the employee’s portion of any federal, state or local taxes, if any, that may be owed or payable on the SEVERANCE PAYMENT are the sole and exclusive responsibility of EMPLOYEE.

B. EMPLOYEE and the CITY will bear their own attorney fees and costs incurred in connection with any disputes and this AGREEMENT.

C. Except as otherwise provided, the parties agree that no ot her monies or benefits are due, owing or unpaid by reason of EMPLOYEE’s employment or association with CITY and that no ot her monies or benefits will be paid or maintained by CITY to/for EMPLOYEE, in EMPLOYEE’s name, or on EMPLOYEE’s behalf. EMPLOYEE expressly agrees that the SEVRANCE PAYMENT supersedes and is substitution for any payments or benefits under any employment agreement(s), business agreement(s) or arrangement(s), oral or written promises, or sev erance policy or plan respecting or regarding his employment or association with CITY.

3. Release of Claims: As consideration for the agreements described above, EMPLOYEE releases and discharges CITY and/or any of its current or former officials, officers, executives, agents, assigns, executors, directors, representatives, affiliates, employees, attorneys, insurers and successor-in-interest, and all persons acting by, through, under or in concert with CITY, past or present, and each and all of them (collectively “Released Parties”), from any and all charges, complaints, lawsuits, claims, liabilities, claims for relief, obligations, promises, agreements, contracts, interests, controversies, injuries, damages, actions, causes of action, suits, rights, demands, costs, losses, debts, liens, judgments, indebtedness, and expenses (including attorney’s fees and costs actually incurred), of any nature whatsoever, whether in law or in equity, KNOWN OR UNKNOWN, suspected or unsuspected, actual or potential, which EMPLOYEE now has, owns or holds, or claims to have, owns, or holds against each or any of the Released Parties, at common law or under any statute, rule, regulation, order or law, whether federal, state, or local, or on any grounds whatsoever, with respect to any act, omission, event, matter, claim, damage, loss, or injury arising out of the employment of and/or the termination of such employment between CITY and EMPLOYEE and/or with respect to any other claim, matter, or event arising before execution of this Agreement by the Parties, including, without limitation, claims under the California Fair E mployment and Housing Act (Cali fornia Government Code §12940 et seq.), the California Family Rights Act (California Government Code §12945.2, 19702.3 et seq.), California Governmen t Code §11135, the Unruh and George Civil Rights Acts (California Civil Code §51 et seq.), the California Labor Code, including, but not limited to, all provisions of the California Labor Code section 1194 and any related Wage Orders or similar directives/authorities issued by any Federal or State authority having enforcement powers, Fair Labor Standards Act any related Wage Orders or similar directives/authorities issued by any Federal or State authority having enforcement powers, the Constitution of the United States, the Constitution of the State of California, Title VII of the Civil Rights A ct of 1964 (42 U. S.C. §2000e et seq.), the Equal Pay Act (29 U.S.C. §206(d)), the Rehabilitation Act of 1973 (29 U.S.C. §793 et seq.), the Family and Medical Leave Act (29 U.S.C. §2901 et seq.), the Employee Retirement Income Security Act of 1974, also known as “ERISA” (29 U.S.C. §1001 et seq.), and/or Sections 1981, 1983, 1985, 1986 or 1988 of Title 42 of the United States Code (42 U.S.C. 1981 et seq.), the Americans with Disabilities Act (42 U.S.C. §12101 et seq.), Claims of Retaliation (California Labor Code §1102.5 et seq.), Claims of “Whistle- blowing,” California Workers’ Compensation Act (Labor Code §3201 et seq.), claims for breach of any type of contract, including written, oral or implied contracts, breach of any

covenant, promise, or representation pertaining to yo ur employment, whether express or implied, claims for negligent hiring, retention, supervision, investigation, wrongful termination, discrimination of any type, interference with economic relations, failure to pay wages and/or benefits of any kind, fraud and/or misrepresentation of any kind, negligent or intentional infliction of emotional distress, slander, assault, battery, and/or any other claims arising under any other state or federal provision, act, ordinance, Constitution, law, common law, or arising under any contract or agreement against CITY, or any other Released Party. EMPLOYEE also expressly releases any and all rights to grieve or otherwise appeal any matters relating to or arising from his employment with CITY.

EMPLOYEE also agrees that if any claim is prosecuted in his name before any court or administrative agency that he waives and agrees not to take any award of money or other damages from such suit.

Nothing prohibits or prevents EMPLOYEE from filing a charge with, or participating, testifying or assisting in, any EEOC or comparable administrative investigation, hearing or other proceeding before any federal, state or local agency.

However, EMPLOYEE acknowledges and understands that he is not entitled to recover any additional compensation, settlement funds, damages or money as a result of such participation.

EMPLOYEE further waives and relinquishes all rights and benefits he may have under any other statutes or common law principles of similar effect.

4. Section 1542 Waiver: EMPLOYEE waives any and all rights or benefits which he may have under the provisions of Civil Code § 1542, which provides as follows:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE

CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO

EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE

AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY

AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

5. Specific Acknowledgement of Waiver of Claims Under ADEA and OWBPA:

The Age Discrimination in Employment Act of 1967 (“ADEA”; 29 U.S.C. §§ 621 -634) makes it illegal for an employer to discharge any individual or otherwise discriminate with respect to the nature and privileges of an individual’s employment on the basis that the in dividual is age forty or older. T he Older Workers Benefit Protection Act (“OWBPA”; 29 U.S.C. §§ 626, et seq.) augments the ADEA and prohibits the waiver of any right or claim under the ADEA unless the waiver is knowing and voluntary. By entering into this Agreement, EMPLOYEE acknowledges that, in exchange for the consideration stated herein, he knowingly and voluntarily waives and releases any rights that he may have under the ADEA and/or OWBPA. EMPLOYEE further acknowledges that he has been advised and un derstands, pursuant to the provisions of the ADEA and OWBPA that:

A. This waiver/release is written in a manner in which EMPLOYEE understands.

B. EMPLOYEE is aware of, and has been advised to seek a representative or legal counsel of his own choosing regarding his rights under the ADEA and O WBPA and the legal significance of his waiver of any possible claims he currently may have under the ADEA, OWBPA, or similar age discrimination laws.

C. EMPLOYEE is entitled to a reasonable time of at least 21 days within which to review and consider this A greement, and the waiver and release of any rights he may have under the ADEA, the OWBPA, or similar age discrimination laws. But he may, in the exercise of his own discretion, sign or reject this Agreement at any time before the expiration of the 21 day period. If EMPLOYEE signs this Agreement before the expiration of the 21 day review period, he waives the balance of that period.

D. The waivers and releases set forth in this Agreement do not apply to any rights or claims that may arise after the effective date of this Agreement.

E. EMPLOYEE is advised that he should consult with any attorney before executing this Agreement. EMPLOYEE had an opportunity to discuss this waiver and release with, and to be advised , by an attorney of his choice, and that he does not need any additional time within which to review and consider this Agreement.

F. EMPLOYEE has until 5:00 p.m. PST, seven days following his execution of this Agreement to revoke it by submitting a written revocation addressed to and received by Karl H. Berger via email at [email protected].

G. This Agreement will not take effect until the Effective Date, which is the day after the expiration of the seven day revocation period set forth in the preceding paragraph.

EMPLOYEE ACKNOWLEDGES THAT HE FULLY UNDERSTANDS HIS RIGHT TO

DISCUSS THIS WAIVER WITH LEGAL COUNSEL, THAT HE HAS CAREFULLY

READ AND FULLY UNDERSTANDS THE WAIVER, AND THAT HE IS

VOLUNTARILY AGREEING TO WAIVE ANY CLAIMS THAT HE HAS OR MAY HAVE

UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT, THE OLDER

WORKERS BENEFIT PROTECTION ACT, AND ANY OTHER LAWS PROHIBITING

AGE DISCRIMINATION IN EMPLOYMENT ARISING FROM OR RELATED OR ATTRIBUTABLE TO THE PARTIES’ ALLEGATIONS OR CLAIMS.
__________________
EMPLOYEE’s initials

6. WAIVER OF ADDITIONAL CLAIMS. EMPLOYEE and the CITY hereby waive any provisions of state or federal law that might require a more detailed specification of the claims being released pursuant hereto.

7. REPRESENTATIONS AND WARRANTIES. Each of the parties to this AGREEMENT represent and warrant and agree with each other party as follows:

A. No Ot her Claims: EMPLOYEE and CITY represent and warrant that neither EMPLOYEE nor CITY filed, nor will they file in the future, any complaint, charge, claim, legal action, or proceeding arising out of EMPLOYEE’s employment with CITY, the DISPUTES or the CLAIMS released hereby or in any way related to his employment with CITY or separation t herefrom with any court, agency, board, hearing officer or tribunal against CITY or any of its agents, officers, current and former elected or appointed officials, current and former employees, representatives, insurers, attorneys, and all persons acting by, through, under, or in concert with any of them. EMPLOYEE retains his right to request indemnification from CITY pursuant to Government Code § 825 et seq. with respect to any action brought against EMPLOYEE in his capacity as an employee.

B. No Fraud in Inducement : No party (nor any officer, agent, employee, representative, or attorney of or for any party) made any statement or representation or failed to make any statement or representation t o any other party regarding any fact relied upon in entering into this AGREEMENT, and neither party relies upon any statement, representation, omission or promise of any ot her party (or of any officer, agent, employee, representative, or attorney of or for any party) in executing this AGREEMENT , or in making the settlement provided for herein, except as expressly stated in this AGREEMENT.

C. Independent Investigation: Each party to this AGREEMENT made such investigation of t he facts pertaining to this sever ance and settlement and this AGREEMENT and all the matters pertaining hereto as it deems necessary.

D. Comprehension and Autho rity: Each party or responsible officer t hereof has read this AGREEMENT and understands its contents. Any of the officers executing this AGREEMENT on behalf of the CITY are empowered to do so and thereby bind the entity.

E. Mistake Waived: In entering into t his AGREEMENT and the severance and settlement provided for herein, each party assumes the risk of any misrepresentation, concealmen t or mistake. If any party should subsequently discover that any fact relied upon by it in entering into this AGREEMENT was untrue, or that any fact was concealed from it, or that its understanding of the facts or of the law was incorrect, such party is not entitled to rescind or set aside the AGREEMENT. This AGREEMENT is intended to be and is final and binding between the part ies, regardless of any claims of misrepresentation, promise made without the intent to perform, concealment of fact, mistake of fact or law, or any other circumstance whatsoever.

F. Ownership of Claims: EMPLOYEE represents and warrants as a material term of this AGREEMENT that he has not heretofore assigned, transferred, released or granted, or purported to assign, transfer, release or grant, any of the CLAIMS disposed of by this AGREEMENT. In executing this AGREEMENT, EMPLOYEE further represents and warrants that none of the CLAIMS released by his hereunder will in the future be assigned, conveyed, or transferred in any fashion to any ot her person and/or entity.

G. Future Cooperation: The parties will execute all such further and additional documents as shall be reasonable or necessary to carry out the provisions of this AGREEMENT.

8. MISCELLANEOUS

A. No Admission: Nothing in this AGREEMENT may be construed as an admission by the parties of any liability of any kind. The parties each deny any liability in connection with any claim or wrongdoing. Each party also intends hereby solely to amicably resolve all matters between the parties.

B. Governing Law: This AGREEMENT and the rights and obligations of the parties will be construed and enforced in accordan ce with, and governed

by, the laws of the State of California. The venue for any dispute arising out of or relating to this AGREEMENT is the Los Angeles Superior Court.

C. Full Integration: This AGREEMENT is the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written agreements and disc ussions. This AGREEMENT may be amended only by a furt her agreement in writing, signed by the parties hereto.

D. Continuing Benefit: This AGREEMENT is binding upon and inures to the benefit of the parties hereto, their respective agents, employees, representatives, officers, and officials.

E. Joint Drafting: Each party has cooperated in the drafting and preparation of this AGREEMENT. Hence, in any construction to be made of this AGREEMENT, the same may not be construed against any party.

F. Severability: In the ev ent that any term, covenant, condition, provision or agreement contained in this AGREEMENT is held to be invalid or void by any court of competent jurisdiction, the invalidity of any such term, covenant, condition, provision or agreement shall in no way affect any other term, covenant, condition, provision or agreement and the remainder of this AGREEMENT will still be in full force and effect.

G. Titles: The titles included in this AGREE MENT are for reference only and are not part of the terms of this AGREEMENT, nor do they in any way modify the terms of this AGREEMENT.

H. Counterparts: This AGREEMENT may be executed in counterparts, and by facsimile and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken toget her with ot her signed counterparts, constitutes one AGREEMENT, which shall be binding upon and effective as to all parties.

I. Executed Copy: All parties will receive a fully executed copy of this AGREEMENT.

J. Notice: Any and all notices given to any party under this AGREEMENT will be given as provided in this paragraph. All notices given to either party will be made by certified or registered United States mail, or personal delivery, at the noticing party’s discretion, and addressed to the parties as set forth below. Notices will be deemed, for all purposes, to have been given on the date of personal service or three consecutive calendar days following deposit of the same in the United States mail.

As to EMPLOYEE:

Inez Alvarez
[ADDRESS ON FILE WITH CITY]
As to CITY:

Attn: City Clerk
City of Monterey Park

WHEREFORE, the parties hereto have read all of the foregoing, understand the same, and agree to all of the provisions contained herein.

DATED: CITY OF MONTEREY PARK

By:

Mayor

DATED:

By:

Inez Alvarez

APPROVED AS TO FORM:

By:

Karl H. Berger, City Attorney

Staff Report
January 17, 2024
ATTACHMENT 2
Resume

INEZ E. ALVAREZ

EDUCATION

Doctor of Public Administration University of La Verne La Verne, California Anticipated completion, 2024

Master of Arts in American Studies California State University Fullerton, California Spring 2017

Bachelor of Arts in Sociology California State University Fullerton, California Spring 2005

PROFESSIONAL EXPERIENCE

November 2023 - Present City of Monterey Park Monterey Park, California City Manager
Interim City Manager, July - November 2023

Reporting Directly to the City Council
• Providing regular updates to City Council Members on developments affecting local government. • Proactive communication with each member of City Council ; discussing community needs, legislative updates and provide progress reports on projects.

Managing the Day-to-day Operations of the City Organization • Directly supervising the work of each department head and several administrative staff. • Interpreting administrative policy to guide City operations and evaluating the work and service delivery of departments.
• Evaluating the City’s administration and mak ing recommendations to improve workflow and structure to increase efficiency to focus on City Council priorities. • Continuously work ing with departments to implement City Council goals to establish and update various policy and plan documents which guide the City’s vision in planning for future development.

Planning and Goal Setting
• Forecasting potential impacts, proactively problem solving, and identifying solutions to take decisive action to benefit the community, employees, and the organization. • Coordinating strategic planning session with City Council to set annual goals; implementing the City’s strategic plan; and implementing goal tracking to measure and report to City Council and the community.

Communication and Relationship Building
• Interacting directly and frequentl y with each member of the City Council , as we ll as being accessible and responsive to residents, community leaders and other members of the City’s management team. • Actively serving as City liaison to numerous government agencies, community groups, and professional and municipal associations; and keeping current on all social, legislative, and economic factors that may impact the City's goals and operations.
• Continuing to build and strengthen rapport with employee associations. • Effectively communicating with all sectors of the City, including citizens, business community, and other organizations; communicating within the organization to keep employees up-to-date and aware of matters of community concern.
• Assuring responsiveness to urgent matters and being available to meet and discuss concerns with residents, business owners, and organizations.

• Maintaining a strong and effective working relationship with the City’s contract service providers to ensure excellent service delivery.

Accomplishments and Initiatives
• Implemented community needs assessment survey to acquire direct feedback from residents about city services, public safety, recreation, and economic development to understand specific needs and opportunities for improvement.
• Updated the City’s investment policy to diversify and broaden opportunities to continue to be fiscally responsible.
• Coordinating efforts to create a Sustainability Plan to prioritize efforts to combat climate change. • Updating the City’s Economic Development Strategic Plan and creating a Parks Master Plan to identify amenity needs and expansion of recreational opportunities.

September 2020 - July 2023 City of Monterey Park Monterey Park, California Assistant City Manager
Reported directly to the City Manager, assisted the City Manager in administering, coordinating, and directing citywide program and departmental operations . Oversaw the day-to-day duties associated with municipal operations and supervise d several departments including public works, finance, library, human resources , media/communications, and city clerk ’s office . Facilitated interdepartmental cooperation and sharing of resources. Assisted the City Manager with City Council coordination; directs special projects and pr epares revised and new policies and procedures hav ing citywide impact; responsible and complex administrative work; serves as liaison to departments and to the community; prepared and conducted special surveys; assisted the City Manager in the coordination and preparation of the annual and capital improvement project budget, funding mechanisms, and budget control activities; ma de recommendations on and adminis tered grants and other funding programs. Analyzed, inter preted and applie d policies and procedures ; r esponded to resident complaints and requests for information that cannot be handled at lower staff levels; made recommendation on service improvements and problem resolution s; c oordinated the assigned activities of the City Manager ’s Office with city departments and with outside agencies; assist ed in the implementation of new programs and procedures; participated in labor negotiations with various employee associations; assisted with executive level recruitments and selection of department heads; spearheaded efforts for community meetings discussing the City’s budget and educated residents about the City’s financial outlook; directed efforts to overhaul outdated paper processes to streamline and digitize procedures; worked with City Council to prioritize goals and objectives to create the city’s strategic plan; assisted with updating the City’s Housing Element; responded to the COVID-19 pandemic by communicating and implementing public health protoc ols for employee and community protection; worked to update employee workstations and re-envisioned and relocated office spaces to improve effectiveness; and implemented updates to citywide policies and procedures and served as acting City Manager when required.

February 2018 - September 2020 City of Monterey Park Monterey Park, California Director of Recreation and Community Services
Reported directly to the City Manager and overs aw the City’s Recreation a nd Community Services Department. Responsible for the administration of full -time and part-time employee supervision and training.

Responsible for project management for improvement projects. Overs aw multiple divisions including the operation of 13 parks , a hiking trail , a senior center and Dial -a-Ride program , pa rk facilities, tw o aquatic centers, two gymnasiums, licensed day care center, facility reservations, contract classes , field reservations, summer day camp , and video production and cable channel . Sought grant opportunities and administer ed alternatively funded projects. Managed and analyzed the Department’s budget; and direct ed and implemented adjustments for staffing, equipment, materials, and supplies. Prepared various administrative, financial, and staff reports. Pre pared and present ed recommendations to City Council. Ov ersaw various citywide special events. Successfully restructured the workflow of the department to inc rease effective communication and efficiency. Evaluated and updated processes and procedures to assure improved efficiency. Encouraged cross training for professional development opportunities to assist employees seeking op portunities for career advancement. Spearheaded efforts for cross-department collaboration in service and program delivery supporting each department’s goals and proactively fostering city-wide effective communication strategies.

Proactively evaluated and updated department contracts, reducing the City’s risk. Secured the 2020 Award of Excellence from the California Park and Recreation Society for the City’s Cherry Blossom Festival. Worked and interact ed closely with City officials, City management, residents, employees, four commissions, community groups, and professional organizations. Assisted with special projects as needed.

October 2016 - February 2018 City of Norwalk Norwalk, California Recreation Superintendent
Responsible for the day -to-day operations and activities of the Recreation and Park Services Department.

Administration of full-time and part -time employee supervision and training. Responsible for proj ect management for improvement and special projects. Oversaw multiple divisions including the operation of 13 parks, seven park facilities, the Norwalk Arts & Sports Complex, Cultural Arts Center and Gall ery, Teen Center, Aquatic Pavilion, two historical museums, Skate Park, facility reservations, contract classes, youth and adult sports programs, boxing progr am, youth Mariachi program, youth All -City Band, adaptive recreation, and summer d ay camp. Sought grant opportunities and administ ered grant-funded projects. Manage d the department in the absence of the Director. Manage d and analyze d the Depar tment’s budget; directed and implemented adjustments for staffing, equipment, materials, and supplies. Prepared various admini strative, financial, and staff reports. Present ed recommendations at City Council meetings. Overs aw various Department special events . Served as Department liaison for citywide special events. Assisted with labor negotiations. Work ed and interact ed closely with City offici als, City management, residents, employees, community groups, and professional organizations. Assisted with special projects as needed.

December 2013 - October 2016 City of Norwalk Norwalk, California Public Services Superintendent
Responsible for the day -to-day operations and activities of the streets, graffiti, trees and landscape sections.

Administration of full-time employee supervision and training. Responsible for project managem ent for various infra structure improvement project s. Overs aw multiple citywide service contracts including street sweeping, bus stop maintenance, landscape services, an d s idewalk maintenance. Sought grant opportunities and administered grant-funded projects. Managed the department in the absence of the Director. Managed and analyzed the Depar tment’s two -year budget; and directed and implement ed adjustments for staffing, equipment, materials, and supplies. Prepared various administrative, financial , and staf f reports. Presen ted recommendations at City Counc il meetings. Overs aw various Department special events and activities including, the City ’s Arbor Day event, National Public Works Week Open House, and community planting events. Served as Department liaison for citywide special events. Assisted with labor negotiations. Interacted and worked closely with residents on service requests. Worked and interacted closely with City officials, City management, employees, community groups, and professional organizations. Assisted with special projects as needed.

August 2006 - December 2013 City of Norwalk Norwalk, California Recreation Supervisor
Managed, coordinated, supervised, and maintained the Norwalk Arts & Sports Complex, Cultural Arts Center, youth and adult sports p rograms, field r eservations, and Historic al Heritage Commission . Oversaw the planning and implementation of contract classes, artist gallery shows, facilit y reservations, boxing program, youth marching band, youth mariachi progr am, and public outreach including a quarterly bro chure.

Responsible for weekly status reports; monitor ed multiple budgets; employe e scheduling, training, and evaluations; and made recommendations for the allocation of staff , programs, and equipment. Oversaw all aspects of various citywide special events. Researched and implemented a web -hosted recreation management registration system. Assisted with special projects as needed.

PROFESSIONAL MEMBERSHIPS
International City/County Management Association
San Gabriel Valley City Managers Association
Municipal Management Association of Southern California Women Leading Government

Staff Report
January 17, 2024
ATTACHMENT 3
Historical City Manager List

CITY OF MONTEREY PARK

CITY MANAGERS SINCE 1948

Name Term
John Moriarity 1948-1950
Robert N. Klein 1950-1952
Howard Schmidt 1952-1953
John Crowley 1953-1955
E. Fred Bien 1955-1957
Clifford Petrie 1958-1965
William Woollett, Jr. 1965-1970
Gerald Weeks 1970-1976
Harry C. Wills (Interim) 1976
Lloyd de Llamas 1976-1987
David Bentz (Interim) 1987-1988
Mark Lewis 1988-1991
Chris Jeffers (Interim) 1991
Chris Jeffers 1991-2007
Adolfo Reta (Interim) 2007-2008
June Yotsuya 2008-2010
Jim Smith (Acting) 2010
Donald F. McIntyre (Interim) 2010
Jim Smith (Acting) 2010
Paul Talbot 2010-2016
Ron Bow (Interim) 2016-2017
Ron Bow 2017-2023
Inez Alvarez 2023-