Agenda — Monterey Park City Council, March 26, 2024 (part 1 of 2)

CITY COUNCIL OF MONTEREY PARK

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

REDEVELOPMENT AGENCY, THE HOUSING AUTHORITY, THE MONTEREY PARK FINANCING

AUTHORITY AND THE MONTEREY PARK GEOLOGIC HAZARD ABATEMENT DISTRICT AGENDA

REGULAR CITY COUNCIL MEETING

MONTEREY PARK CITY HALL COUNCIL CHAMBERS
320 W. NEWMARK AVENUE, MONTEREY PARK, CA 91754

Tuesday
March 26, 2024
6:30 p.m.

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

The public may watch the meeting live on the city’s cable channel MPKTV (AT&T U -verse, channel 99 or Charter Communications, channel 182) or by visiting the city’s website at http://www.montereypark.ca.gov/133/City-Council-Meeting-Videos.P er the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please call City Hall at (626) 307- 1359 for reasonable accommodation at least 24 hours before a meeting. Council Chambers are wheelchair accessible.

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

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

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

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

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Monterey Park City Council Agenda, March 26, 2024 - Page 2

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

AGENDA ADDITIONS, DELETIONS, CHANGES AND ADOPTIONS

PUBLIC COMMUNICATIONS

STAFF COMMUNICATIONS:
• City Manager’s Office
• Library
• Recreation and Community Services

[1.] PRESENTATION

1-A.

LOS ANGELES COUNTY EFFORTS TO ADDRESS HUMAN TRAFFICKING - UPDATE

1-B. SAN GABRIEL VALLEY TRANSIT FEASIBILITY STUDY, PROPOSED NEAR -TERM PROJECTS UPDATE – SAN GABRIEL VALLEY COUNCIL OF GOVERNMENT

[2.] OLD BUSINESS

2-A. AWARD OF FRANCHISE AGREEMENTS FOR RESIDENTIAL AND COMMERCIAL WASTE

COLLECTION AND RECYCLING SERVICES
It is recommended that the City Council consider:
(1) Awarding an exclusive franchise contract for a Three- Cart Residential Waste Collection and Recycling Services System to Ware Disposal, or an exclusive franchise contract for a Two-Cart Residential Collection and Recycling Services System to Athens Services; (2) Awarding non-exclusive franchise contracts for commercial waste collection and recycling services to both Ware Disposal and Athens Services, or an exclusive commercial franchise to Ware Disposal;
(3) Approving the Second Amendment to Agreement No. 2247-A with HF&H Consultants for additional consultant services to assist with the execution of new franchise contracts at an additional, not-to-exceed, cost of $60,000;
(4) Allocating $60,000 to the FY23024 budget from Refuse Funds for the cost of HF&H’s Second Amendment; and
(5) Taking such additional, related, action that may be desirable.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

The Project is categorically exempt from CEQA Guidelines § 15301 ("Existing Facilities") and §

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15061(b)(3) (the "Common Sense Exemption"). Moreover, none of the exceptions to the categorical exemptions contained in CEQA Guidelines § 15300.2 are applicable to the Project.

CEQA Guidelines § 15301 exempts

"the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structure, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination."

Here, the City Council is contemplating the award of franchises for solid waste collection, transportation, and recycling services. The franchises with the existing solid waste service providers expire on August 31, 2024. MPMC Chapter 6.09 (approved by voters through Measure BB) generally requires that the City use a competitive bidding process to choose solid waste service franchisees not later than August 31, 2024. Pursuant to the MPMC, an exclusive franchise will be awarded for residential accounts and up to three franchises may be awarded for commercial accounts.

The services provided pursuant to the Project would be identical to, or substantially the same as, that currently being provided throughout the City. Therefore, the decision to approve the Project involves the operation and use of existing facilities and equipment; it does not involve an expansion of use. Consequently, the Project is exempt from additional environmental review pursuant to CEQA Guidelines § 15301.

CEQA Guidelines § 15061(b)(3) also exempts the Project from additional environmental review. That Section provides that

"[w]here it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA."

Here, the Project will not have a significant impact on the environment because the future services will be identical to, or substantially the same as, the solid waste collection, transportation and recycling services currently being provided. As is the case with the current service provider, Compressed Natural Gas (CNG) powered trash collection vehicles will be utilized. Therefore, no increases in air pollutants or GHG emissions over the baseline conditions are expected. Vehicle routing will be the same or substantially similar to that currently utilized and the City will retain the power to approve all routes before the franchise periods begin. This will allow the City to ensure that arterial streets and intersections with Level of Service (LOS) issues can be avoided during peak hours.

Solid waste collection – now and in the future – may not commence before 7:00 a.m. or continue after 6:00 p.m. Solid waste franchisees must comply with MPMC Chapter 9.53 which regulates noise. All vehicles will be subject to annual noise level testing and certification by the City.

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

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

3-A. MINUTES
It is recommended that the City Council consider:
(1) Approving the minutes from the regular meeting of December 20, 2023; and (2) Taking such additional, related, action that may be desirable.

3-B. MONTHLY INVESTMENT REPORT – FEBRUARY 2024
It is recommended that the City Council consider:
(1) Receiving and filing the monthly investment report; and (2) Taking such additional, related, action that may be desirable.

3-C. WATER INFRASTRUCTURE FINANCING UPDATE – RECEIVE AND FILE It is recommended that the City Council consider:
(1) Receiving and filing the water infrastructure financing update; and (2) Taking such additional, related, action that may be desirable.

3-D. ADOPTION OF 2024-25 CITY COUNCIL STRATEGIC PLAN GOALS AND OBJECTIVES It is recommended that the City Council consider:
(1) Approving the 2024-25 Strategic Plan Goals and Objectives; and (2) Taking such additional, related, action that may be desirable.

3-E. AD HOC COMMITTEE – ATLANTIC SQUARE LAND USES
It is recommended that the City Council consider:
(1) Establishing an ad hoc committee (the “Atlantic Square Committee”) consisting of Mayor Thomas Wong and Council Member Jose Sanchez to receive a presentation regarding Atlantic Square tenancies and plans; and
(2) Taking such additional, related, action that may be desirable.

3-F. NATIONAL PUBLIC SAFETY TELECOMMUNICATORS WEEK RESOLUTION It is recommended that the City Council consider:
(1)
Adopting a Resolution Declaring the week of April 14 through 20, 2024, to be National Public Safety Telecommunicators Week in the City of Monterey Park; and (2) Taking such additional, related, action that may be desirable.

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3-G. 2024 NATIONAL LIBRARY WEEK RESOLUTION
It is recommended that the City Council consider:
(1) Adopting a resolution declaring the week of April 7-13, 2024 to be National Library Week in Monterey Park,
(2) Taking such additional, related, action that may be desirable.

3-H. TREE MEMORIAL PROGRAM RECOMMENDATION FOR LANI AND HANS LIANG It is recommended that the City Council consider:
(1) Authorizing the City Manager to take actions to honor Lani and Hans Liang with a memorial tree and plaque; and
(2) Taking such additional, related, action that may be desirable.

3-I. ACCEPTING AND APPROPRIATING REIMBURSEMENT FUNDS RECEIVED FROM THE CITY OF ROSEMEAD RELATED TO THE 2022-2023 STREET REHABILITATION PROJECT AT VARIOUS LOCATIONS CITYWIDE.

It is recommended that the City Council consider:
(1) Authorizing the Director of Public Works to approve change orders and contingency up to $1,163,057.80, or approximately 17% of the original contract amount for a total project cost of $8,028,756.80;
(2) Accepting and appropriating reimbursement funds received from the City of Rosemead, for costs related to its portion of work on New Avenue, in the amount of $133,202.80 to the Capital Improvement Project No. 96031 budget; and
(3) Taking such additional, related, action that may be desirable.

CEQA ( California Environmental Quality Act)
The City reviewed the environmental impacts of the Project under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq., the “CEQA Guidelines”). CEQA Guidelines §§ 15060(c)(2), 15061(b)(3), and 15378 exempt activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, activities where there is possibility that it may have a significant effect on the environment, and activities that do not constitute a “project” as defined, respectively. This activity is for general policies and procedure- making consisting of receiving and appropriating funds. Accordingly, this activity is exempt from further review pursuant.

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3-J. 2024 SEWER MANHOLE REHABILITATION – AWARD OF CONTRACT It is recommended that the City Council consider:
(1) Authorizing the City Manager to execute a public works contract, in a form approved by the City Attorney, with Sancon Technologies, Inc., in the amount of $156,045 for the 2024 Sewer Manhole Rehabilitation Project, CIP 99026;
(2) Accepting and appropriating reimbursement funds received from the City of Rosemead, for costs related to its portion of work on New Avenue, in the amount of $133,202.80 to the Capital Improvement Project No. 96031 budget; and
(3) Taking such additional, related, action that may be desirable.

CEQA (California Environmental Quality Act):

It is recommended that the City Council find that the proposed work is exempt from additional environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines (14 Cal. Code of Regs. § 15000, et seq.) § 15301(c) (Existing Facilities) which exempts the operation, repair, maintenance, alteration of existing public or private structures which involve negligible or no expansion of existing or former use. Subsection (c) of Section 15301 notes that repair of existing highways and streets, sidewalks, gutters, and bicycle and pedestrian trails —like the proposed work —are exempt from CEQA if additional automobile lanes are not created.

3-K. MEMORANDUM OF AGREEMENT FOR THE COORDINATED INTEGRATED MONITORING

PROGRAM ADDITIONAL COSTS
It is recommended that the City Council consider:
(1) Authorizing the City Manager to execute the Memorandum of Agreement, in a form approved by the City Attorney, for the additional costs of $22,799.02 for the Coordinated Integrated Monitoring Program and Enhanced Watershed Management Plan for the Upper Los Angeles River Watershed Management Area; and
(2) Taking such additional, related, action that may be desirable.

CEQA (CA LIFORNIA ENVIRONMENTAL QUALITY ACT ):

The City reviewed the environmental impacts of the Project under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq., the “CEQA Guidelines”). CEQA Guidelines §§ 15060(c)(2), 15061(b)(3), and 15378 exempt activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, activities where there is possibility that it may have a significant effect on the environment, and activities that do not constitute a “project” as defined, respectively. The activity consists of comprehensive data collection efforts to monitor the aquatic toxicity that is present in downstream receiving waters.

The purpose of the project is to determine if possible actions are necessary to protect natural resources and the environment. Subsequent actions undertaken to protect the environment will be evaluated separately under the CEQA Guidelines. Accordingly, this activity is exempt from further review.

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[4.] PUBLIC HEARING

4-A. CONSIDER TEFRA FUNDING FOR THE MONTEREY PARK SENIOR VILLAGE It is recommended that the City Council consider:
(1) Conducting a public hearing under the Tax and Equity Fiscal Responsibility Act (“TEFRA”) and the Internal Revenue Code of 1986 in connection with the proposed issuance of revenue bonds by the California Municipal Finance Authority (the “CMFA”), a joint exercise of powers authority and public entity of the State of California, in an amount not to exceed $40,000,000 (the “Bonds”) to finance or refinance the acquisition, rehabilitation, improvement and equipping of a senior multifamily rental housing project, Monterey Park Senior Village, located at 1935 Potrero Grande Drive, Monterey Park, California (the “Project”);
(2) Adopting a resolution to become a member of the CMFA and approving the financing of the Project by the CMFA; and
(3) Taking such additional, related, action that may be desirable.

[5.] NEW BUSINESS

5-A. BUSINESS ATTRACTION PROGRAM
It is recommended that the City Council consider:
(1) Receiving and filing this report;
(2) Providing direction as may be desirable; and
(3) Taking such additional, related, action that may be desirable.

[6.] CITY COMMUNICATIONS (CITY COUNCIL)

[7.] FUTURE AGENDA ITEMS

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

ADJOURN

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City Council Staff Report
DATE: March 26, 2024
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: Award of Franchise Agreements for Residential and Commercial Waste Collection and Recycling Services
RECOMMENDATION:

It is recommended that the City Council consider:

1. Awarding an exclusive franchise contract for a Three-Cart Residential Waste Collection and Recyc ling Services System to Ware Disposal, or an exclusive franchise contract for a Two-Cart Residential Collection and Recycling Services System to Athens Services;

2. Awarding non-exclusive franchise contracts for commercial waste collection and recycling services to both Ware Disposal and Athens Services, or an exclusive commercial franchise to Ware Disposal;

3. Approving the Second Amendment to Agreement No. 2247-A with HF&H Consultants for additional consultant services to assist with the execution of new franchise contracts at an additional, not-to-exceed, cost of $60,000;

4. Allocating $60,000 to the FY23024 budget from Refuse Funds for the cost of HF&H’s Second Amendment; and

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

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

The proposed actions for awarding solid waste franchises (the "Project") were reviewed in accordance with the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., "CEQA") and the CEQA Guidelines (14 California Code of Regulations §§15000, et seq.). The Project is categorically exempt from CEQA Guidelines § 15301 ("Existing Facilities") and § 15061(b)(3) (the "Common Sense Exemption"). Moreover, none of the exceptions to the categorical exemptions contained in CEQA Guidelines § 15300.2 are applicable to the Project.

CEQA Guidelines § 15301 exempts
"the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structure, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination." Old Business - 2A

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Here, the City Council is contemplating the award of franchises for solid waste collection, transportation, and recycling services. The franchises with the existing solid waste service providers expire on August 31, 2024. MPMC Chapter 6.09 (approved by voters through Measure BB) generally requires that the City use a competitive bidding process to choose solid waste service franchisees not later than August 31, 20 24. Pursuant to the MPMC, an exclusive franchise will be awarded for residential accounts and up to three franchises may be awarded for commercial accounts.

CEQA Guidelines § 15061(b)(3) also exempts the Project from additional environmental review. That Section provides that

"[w]here it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA."

EXECUTIVE SUMMARY:

On October 18, 2023, the City Council approved the release of a Request for Qualifications (RFQ) for residential and commercial waste collection and recycling services franchises. On January 17, 2024, City Council authorized the release of the Request for Application (RFA) and approved the list of companies that were qualified to submit proposals.

The City received a total of five responses to the FRA, two applications for residential services from Athens Services and Ware Disposal and two applications for commercial

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services also from Athens Services and Ware Disposal. The three remaining companies withdrew from the process for various reasons. Should City Council opt for a three-cart collection system for residential waste collection and recycling services, the award of an exclusive residential franchise contract w ould be to Ware Disposal that submitted the lowest bid. However, if City Council chooses to continue with a two -cart system for residential services, the award of an exclusive residential franchise contract would be to Athens Services.

Staff is requesting that the City Council award an exclusive franchise residential franchise to Ware Disposal for a three-cart system, or to Athens Services for a two-car system.

Staff is also requesting that the City Council award non-exclusive commercial franchises to both Athens Services and Ware Disposal, or an exclusive commercial franchise to Ware – the lowest bidder.

Athens proposed 49 exceptions to the residential and commercial agreements. Should the City choose to award Athens a residential and/or commercial agreement, City staff and Athens would need to resolve the proposed exceptions. Ware proposed no exceptions to the residential and commercial agreements.

BACKGROUND:

Monterey Park Municipal Code Chapter 6.09, entitled “Solid Waste Franchises,” was approved by voters on March 8, 2011 by adopting Measure BB. That Chapter requires the City Council to utilize a competitive bidding process for awarding solid waste franchises and limits the term of these franchises to seven years. MPMC § 6.09.070 states that

"[t]he City Council must award the residential solid waste franchise to a single franchisee but may, at its discretion, award the commercial solid waste franchise to up to three franchisees."

That Section also states that

"[t]he City Council must award any franchise based upon the applicant proposing the lowest proposed monthly rates to the customer. Such rates cannot be increased on an annual basis by percentage greater than the percentage increase in the consumer price index (“CPl”)….”

The current franchise agreements for both residential and commercial solid waste collection and recycling services expire on August 31, 2024. Athens Services is the current residential hauler that provides a two-cart collection system. The current non- exclusive commercial franchisees are Athens Services and Ware Disposal.

On October 18, 2023, City Council authorized the release of a Request for Qualification (RFQ) to companies interested in applying for either a residential or commercial franchise for waste collection and recycling services or both. Ten companies responded to the RFQ

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and submitted statements of qualifications. Based on the criteria approved by the City Council on January 17, 2024, the City Council qualified eight companies to apply for a residential franchise and eight companies to apply for a commercial franchise. The Request for Applications (RFA) was published in the Monterey Park Press on three dates:

January 18, 2024, January 22, 2024, and January 25, 2024.

Qualified companies were invited to attend the pre-application meeting on January 24, 2024 to go over the RFA and ask questions. Proposers were also given an opportunity to submit questions in writing. Written responses were provided a week before the submittal deadline of February 14, 2024.

REQUEST FOR APPLICATIONS:

The RFA included the following components:

1. Background information and statistics on the current waste collection program.

2. Instructions for the completion and submittal of applications.

3. A summary of the service requirements and standards for each franchise. (Applicants were instructed to calculate their proposed customer rates based on their costs to meet all of the requirements of the franchise, including meeting the City's waste diversion standard.)

4. Two-part application cost forms.

• Rate Proposal Forms on which the applicants entered their proposed rates for each type of service level (e. g., single family cart, multi-family bin, organic waste, temporary bin, etc.).

• Supporting cost and operating data forms which required the applicants to provide estimated operating costs, route hours, and list of proposed facilities and demonstrate how the applicant plans to meet the City’s waste diversion requirement.

These Rate Proposal Forms specified the number of customers for each type of service and applicants were required to propose the monthly rate per customer.

The monthly rate per customer would be used to determine the applicant's total annual cost and the basis upon which the City Council would award franchises.

5. A certification statement signed by an officer of the applicant, by which the applicant certified that: it understood all of the requirements of the new franchises and had based its proposed customer rates on its cost for satisfying all of those requirements; it had read and understood the proposed franchise agreements; and

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if awarded a franchise, it was prepared to execute the agreement without modification.

APPLICATIONS RECEIVED:

Residential Franchise:

The City received two applications: Athens Services and Ware Disposal. Athens residential proposal included both the Two-Cart Collection and Three-Cart Collection System options, wh ile Ware Disposal only proposed a Three-Cart System option for residential collection services.

Two- or Three-Cart Collection Systems:

Proposers for residential collection services can bid on two options:

Option 1 Two-Cart Collection System
Cart #1 - mixed waste (solid waste and recyclables)
Cart #2 - organic materials

Option 2 Three-Cart Collection System
Cart #1 - solid waste only
Cart #2 - recyclable materials
Cart #3 - organic materials

Multi-family residential bin service is the same for Option 1 and Option 2. Recyclable materials can be collected from source separated bins or carts, or co -collected with the mixed waste.

Monterey Park residents have been serviced with a two-cart program for over 20 years.

Two-cart systems require the hauler to have access to facilities that can process mixed- waste to recover recyclable materials . These facilities utilize equipment and conveyor systems to process waste streams to separate recyclables from solid waste . Facilities that are designed to only accept pre-separated (i.e., source separated) by the resident will require a three-cart system (to separate waste from recyclables and organics).

There is ongoing debate within the solid waste industry on the merits of each type of system. Many companies operating residential source-separation recycling programs experience contamination problems due to residents placing regular waste in their recycling carts. This contamination creates operational and financial difficulties for facility operators since their facilities are not designed to process mixed materials.

Three-cart systems typically have higher collection costs while two-cart systems typically have higher waste processing costs. Under SB 1383 requirements, organic material in the mixed waste stream must be processed at a higher diversion facility that can recover

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75% of the organic materials by 2025. The three -cart proposals from Athens and Ware cost significantly less than the two-cart proposal (from Athens).

Two-Cart System

Only Athens Services submitted a proposal for Option 1 – two-cart collection system for the residential franchise. In addition to Athens’s proposed annual cost, the table below includes the current annual costs for comparison.

Service Current
Residential System
Athens
Services
Cart Rate Revenue
(Single-Family) $4,019,000 $9,969,000
Residential Bin Rate
Revenue (Multi-Family) $1,938,000 $3,378,000
Abandoned Item Collection No Additional Charge $325,000 Total Annual Revenue
to Athens $5,957,000 $13,672,000

Athens’s Two-Cart Collection System proposal would increase costs for both cart and bin service. The most common cart service - 96-gallon mixed-waste and 96-gallon organics – would see a substantial increase from $23.30/month to $58.04/month.

Under Athens’s proposal, the cost for the most common bin service (multi-family) – a 3- cubic yard bin that is serviced twice a week – would increase from $309.11 to $530.03/month.

Aside from the higher costs, there would be no changes to the current residential waste collection service.

Three-Cart System

Both Ware Disposal and Athens Services submitted proposals for Option 2 – three-cart collection system - for the residential franchise. Their proposed annual costs are provided in the table below.

Service Ware Disposal Athens
Services
Cart Rate Revenue
(Single-Family) $4,957,000 $6,442,000
Residential Bin Rate
Revenue (Multi-Family) $1,542,000 $2,480,000
Abandoned Item Collection $60,000 $325,000
Total Revenue to Applicant $6,559,000 $9,247,000

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Ware’s proposal for the Three-Cart Collection System would increase costs by about 30% for cart service, from $23.30/month to $29.99/month for three standard 96-gallon carts.

COMMERCIAL FRANCHISE

The City received two applications for commercial waste collection and recycling services.

Both proposers – Athens Services and Ware Disposal – currently have non-exclusive franchise agreements with the city for commercial services. Their proposed new annual costs are provided below.

Commercial Annual Revenue to Applicant
Athens Services $3,522,000
Ware Disposal $2,465,000

Athens’s average rate reduced by 19.6% whereas Ware’s increased by 6.7%. However, for the most common service of a 3 cubic -yard bin serviced once a week, both Athens’s and Ware’s rates dropped: $307.56 to $254.40 and $188.49 to $160.65, respectively.

PROPOSED EXCEPTIONS:

Athens Services proposed 49 exceptions to the residential and commercial agreements.

Should the City choose to award Athens Services a residential and/or commercial agreement, City staff and Athens Services would need to resolve the proposed exceptions. Ware proposed no exceptions to the residential and commercial agreements.

OPTIONS FOR AWARDING NEW FRANCHISES:

Residential Franchise:

The MPMC requires the City Council to award the residential franchise to a single applicant. If the City Council decides to utilize the two-cart system, the award would be to Athens Services. A three-cart system must be awarded to Ware Disposal.

For either award, the companies would be required to develop a transition plan, prepare and distribute educational materials to all customers explaining the new services, and arrange for the distribution of new carts and refurbished bins and the removal of old carts and bins currently in service. The new customer rates would become effective September 1, 2024.

The City currently performs customer billing and this responsibility is being transferred to the hauler under the new residential franchise agreement. The residential rates that customers would pay the haulers for the services provided w ould be those that were proposed in the applications plus franchise fees. The new service rates would be adjusted annually by the Consumer Price Index. The agreement would expire on August 31, 2031.

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Commercial Franchise:

Non-Exclusive Franchises

The MPMC allows the City Council to award commercial franchises to up to three applicants. If the City Council decides to award franchises to Ware Disposal and Athens Services, these franchises would compete for the customers based on their rates and quality of service. The customer rates proposed by each applicant plus franchise fees would be the maximum rates that each applicant can charge for its services. However, each applicant can charge lower rates. The maximum rates of each franchisee would be adjusted annually by the Consumer Price Index. The franchisees would bill their customers directly for the services and remit franchise fees to the City.

The new franchisees’ services would begin on September 1, 2024 and end on August 31, 2031. The new agreements cannot be renewed or extended.

Single Exclusive Franchise

The MPMC requires the City Council to award franchises to the applicant that proposes the lowest monthly rates to the customers. Based on the RFAs submitted, Ware Disposal proposed the lowest monthly rates for commercial service.

If the City Council decides to award an exclusive franchise to Ware Disposal, they would be required to develop and submit a transition plan that would describe how it would plan to launch its services to all commercial businesses. The plan would include distributing new carts and refurbished bins to all commercial customers. The transition plan would also include copies of education materials that Ware Disposal would distribute to customers and its routes and customer lists. Ware Disposal would bill its customers according to the rates provided in its application plus any franchise fees imposed by the City. Franchise fees collected by Ware Disposal would be paid to the City each month.

Ware’s customer rates would be adjusted annually by the Consumer Price Index.

Ware would begin servicing commercial customers on September 1, 2024, and would end services on August 31, 2031. The franchise agreement cannot be renewed or extended.

NON SUBMITTALS

Staff contacted other companies that were qualified to apply to understand why they did not submit an application. The reasons stated included:

• The 7 -year term does not allow for sufficient time to amortize the purchase of equipment (e.g., carts and trucks).

• Rate adjustments limited to Consumer Price Index are too restrictive.

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• They needed additional time – from contract award to start date - for preparation and transition.

• Additional costs for the use of zero-emission vehicles would not be taken into consideration in the evaluation of the lowest bid.

FISCAL IMPACT:

The City’s Rate Year 2023 (September 2022 to August 2023) residential franchise cost is $5,806,000 . The award of contract to Ware Disposal for an exclusive residential franchise would cost customers an additional $753,000 for the first year for the three-cart system. The contract to Athens Services for an exclusive residential franchise for the two- cart system would cost an additional $7.9 million for the first year.

The Second Amendment to FH&H’s Agreement that will cost an additional $60,000 will be paid with Refuse Funds (421); an allocation of the $60,000 is being requested for the current year budget (FY 2023-2024).

Current Costs Proposed Costs Current Increase
Ware Disposal
(3-Cart System) $6,559,000 $5,806,000 $753,000
Athens Disposal
(2-Cart System) $13,672,000 $5,806,000 $7,866,000

The City is preparing for the Proposition 218 process to consider solid waste franchise fees. A consultant was retained to evaluate the City’s solid waste collection program and its costs.

Respectfully submitted by: Reviewed by:

Shawn Igoe
Department Director

Martha Garcia
Director of Finance

Approved by:

Reviewed by:

Inez Alvarez
City Manager
Karl H. Berger
City Attorney

ATTACHMENT(S):

1. Athens Residential and Commercial Proposals

2. Ware Disposal Residential and Commercial Proposals

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Staff Report
March 26, 2024

ATTACHMENT 1
Athens Residential and Commercial Proposals

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1 11
City of

MONTEREY PARK
February 14, 2024
CITY OF MONTEREY PARK RFA:

WASTE COLLECTION AND RECYCLING FRANCHISE
Submitted to:

Xochitl Tipan, Administrative Manager
Amy Ho, Principal Management Analyst
City of Monterey Park, Public Works Department
320 West Newark Avenue
Monterey Park, CA 91754
Proposer:

Athens Services
14048 Valley Boulevard, City of Industry, CA 91746
City of

MONTEREY PARK
City of

MONTEREY PARK

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3 COVER LETTER
Xochitl Tipan, Administrative Manager
Amy Ho, Principal Management Analyst
City of Monterey Park, Public Works Department
320 West Newark Avenue
Monterey Park, CA 91754
Dear Ms. Tipan and Ms. Ho,
Athens Services has been a proud community partner of the City of Monterey Park since 1970. Since then, the City and Athens have successfully collaborated to help Monterey Park achieve its sustainability goals. To continue this partnership, we have assembled an application for both the Residential and Commercial Waste Collection and Recycling Franchise Service Agreements that provides competitive rates while achieving the City’s latest environmental goals.

Family-owned and operated since 1957, Arakelian Enterprises, Inc., dba Athens Services, was founded on the simple principle of providing exceptional service, by hiring and developing great people, while fostering a safe, healthy, and sustainable environment—this is The Athens Way.

As the current residential service provider, Athens is uniquely positioned to seamlessly transition all commercial services and ensure full legislative compliance for the City. Our distinct advantage lies in our local infrastructure as we are the only hauler whose primary operating and processing facilities are within 15 miles of the City. Moreover, our newest and most advanced Materials Recovery Facility (MRF) is scheduled to open in early 2025 in the City of Irwindale, which is located just 12 miles from Monterey Park. This strategic positioning enables us to offer the most efficient and effective solutions tailored to the specific needs of the City.

In response to the RFA and to meet the City’s compliance requirements with California Senate Bill (SB) 1383, Athens is proposing a three-stream, source-separated collection system for all Monterey Park customers, including residential cart (i.e. Option 2), residential bin, commercial businesses, and City facilities. Rates for a two-steam, mixed waste collection system for residential cart (i.e. Option 1) customers will also be provided for City evaluation and final determination.

Under the proposed three-stream, source-separated solution:
» T
rash will be disposed of at the Mid-Valley Landfill. The material will first arrive at the City of Industry MRF and prepared for transfer to Mid-Valley. At the MRF, Athens will also have the option to process the waste stream to extract recyclables to ensure maximum diversion. » Rec
ycling will be sorted at the Puente Hills MRF, where advanced sorting technologies enable more precise material separation and the maximum recovery of high-value recyclables.
» Organics waste,
including food scraps, will be transferred to American Organics composting facility where it will be transformed into nutrient-rich compost.

Athens is also capable of offering a two-stream, mixed waste collection system for residential cart and bin customers. With this solution:
» T
rash and recyclables will be taken to the City of Industry MRF for processing. High-quality recyclables will be recovered to achieve maximum diversion. Non-recylable materials and trash will be disposed of at the Mid-Valley Landfill. » Organics waste,
including food scraps, will be transfered to American Organics composting facility where it will be transfered into nutrient- rich compost.

While no materials recovery facility in California is currently designated as an Approved High Diversion Organic Waste Processing Facility (HDOWPF) per CalRecycle guidelines, Athens Services is in compliance with the latest requirements in an effort to achieve said status. These proposed processing strategies ensures that Athens is able to meet the City’s waste diversion targets. Importantly, Athens remains open and amendable to further discussions with the City to adapt our proposed services to best meet the community’s needs and the objectives set forth by legislative requirements.

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4 The Athens Advantage
As part of the Athens Advantage program, the City will have the opportunity to expedite its transition towards a fully compliant SB 1383 organics waste recycling program. With a team of dedicated outreach recycling coordinators, a portfolio of local MRFs, and robust reporting capabilities, the City will be on the road to meeting the requirements of SB 1383. Recently, Athens has collaborated with several San Gabriel Valley cities to implement the Athens Advantage program, which has enabled these communities to achieve full compliance.

Operational Capabilities
Athens’ geographic proximity to the City provides advantageous benefits, such as route optimization for collection and support vehicles, as well as a significant reduction in total miles travelled. All vehicles will be based out of our local Salt Lake Yard located in La Puente, while all bins and carts will be managed from our container yard in Montebello. These vital facilities are located within 12 miles of the City, which allows our team to quickly respond to City personnel and customer requests. Additionally, the Athens Customer Care Center, which serves as the base of operations for our customer service team, is located in Irwindale and open to the public for any customers that prefer in-person support.

Material Recovery Facilities
In addition to our operational facilities, Athens’ processing infrastructure is also strategically positioned throughout the Los Angeles area. Our MRFs are located in the City of Industry, Puente Hills, and soon-to-be in Irwindale, while our organics waste processing hub is based in Victorville. These facilities are equipped with the industry’s latest sorting and processing technologies, which will help the City achieve the highest diversion possible.

If awarded, the Franchise Agreement(s) will be administered at our La Puente yard located at 15045 Salt Lake Avenue. David Collins, Division Vice President, will serve as the principal contact throughout the Agreement(s) and can be reached directly by phone at (415) 939-2576 or via email at [email protected].

We have meticulously reviewed the RFA and are submitting a comprehensive application that complies with the City’s requirements and scope of work. Athens is ready, willing, and able to perform the services as proposed and is committed to ensuring that the City meets its waste diversion goals.

The Athens Board of Directors authorizes me in my capacity as Senior Executive Vice President to transmit and sign this application, negotiate a contract, and execute all required documents on behalf of Athens Services. Included in the Appendix is a Board Resolution dated June 5, 2023 that outlines Athens current leadership structure and certifies my authority to sign this application. Furthermore, my signature with this letter services as consignment, in good faith, to the RFA selection process with no intent by Athens to withdraw the application.

On behalf of the Athens family, it is my honor to submit this application with full confidence in our ability to fulfill the City’s residential and commercial waste and recycling service needs. Athens is fully committed to enhancing our partnership with the City of Monterey Park and eagerly anticipates the opportunity to engage in further discussions. We understand the City’s unique needs and remain open to customizing our application to align with the City’s specific requirements and environmental goals. Our team is available to answer any questions and provide further information as needed. We look forward to future conversations at the City’s earliest convenience.

Sincereley,
Gary Clifford, Senior Executive Vice President
14048 Valley Boulevard, City of Industry, CA 91746
Phone: (626) 934-4619 | Fax: (626) 330-0456
Email: [email protected]

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5 Cover Letter ...............................................................................................03 A
pplicant Qualifications

.............................................................................06 Technical Qualifications

.............................................................................08 Exceptions and Acknowledgement of Terms and Conditions
.......................10
Certifica
tion Statement

..............................................................................13 Application Cost Forms

..............................................................................15 Attachments

..............................................................................................57

TABLE OF CONTENTS

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6 Monterey Park Management Team
Athens has assembled a team of industry experts with more than 100+ years of combined waste and recycling collection experience in the Southern California region. This group blends together strategic leaders, environmental and compliance experts, and a team of experienced operations managers with a niche for maximizing route efficiency.

Executive Leadership Team
This team will work closely with City staff on contractual compliance, financial objectives associated with the Agreement, post-collection, and diversion mandates.

Gary Clifford, Senior Executive Vice President
Gary Clifford is Athens’ Senior Executive Vice President, focusing on municipal and strategic relationships, and has been with Athens for more than a decade. Gary’s extensive municipal, governmental, and business leadership experience is recognized throughout Southern California and includes research, public outreach, capital project management, negotiating, and resolving complex managerial issues.

As Senior Executive Vice President, he is a member of the Athens Executive Team. He oversees the company’s business strategies and development of new business opportunities and the compliance with existing contracts and ventures. Gary brings over 20 years of experience working with state and local government, including developing public policy and procedures and implementing municipal services.

Gary has served as a local Mayor, Councilmember, and public employee and is currently a board member of the Glendora Unified School District.

He earned graduate degrees from Azusa Pacific University, where he currently teaches, and sits on several local boards regarding business and law enforcement.

Government Affairs Team
This team leads community outreach and public affairs in the community and is responsible for government relations, media communications, issue management, corporate and social responsibility, information dissemination, and contract stewardship.

Elizabeth Ramirez, Vice President of Government Affairs Elizabeth Ramirez serves as Vice President of Government Affairs at Athens Services. She has more than 15 years of government advocacy and strategic community outreach experience and regularly works with elected officials and staff, as well as community leaders, to resolve complex environmental challenges. Her past roles include serving as a campaign manager for local candidate elections and land-use measures.

Elizabeth has a Master’s degree in Public Administration from the University of La Verne, a Bachelor’s degree in Business Administration from Whittier College, and also holds a Certificate in International Business Practices from the Mountbatten Institute, London. As a community service advocate, she has been involved with several local organizations and currently serves on the board of the Irwindale Community Foundation, 4C Lab in Los Angeles, La Casa Community Center in San Gabriel, and the Covina Chamber of Commerce.

Becky Cheng, Director of Government Affairs
Becky Cheng joined Athens Services in 2023 as Director of Government Affairs. She brings more than 13 years of federal and state-level public sector experience and has an extensive background in regional politics, intergovernmental relationships, and social justice. At Athens, she manages community outreach and civic activities in the cities of Monterey Park, San Gabriel, San Marino, Sierra Madre, South Pasadena, and Temple City.

Becky currently serves on the board of the San Gabriel Valley Public Affairs Network and is a member of the San Marino Rotary Club. Previously, she also served as the Director of External Affairs for the Asian Pacific American Legislative Staffers (APALS). Becky earned her Bachelor’s degree in Political Science from the University of California, San Diego.

APPLICANT QUALIFICATIONS

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7 Outreach and Education Team
This team will oversee the implementation and execution of environmental programs in the community Jennifer Cilloniz, Director of Program Compliance & Outreach Jennifer Cilloniz is Athens Services’ Director of Program Compliance and Outreach. She has more than 25 years of experience in the waste and recycling industry and has been with Athens since 2008. Jennifer provides oversight on CalRecycle reporting for jurisdictions and manages the organization’s SB 1383 Compliance Dashboard. Additionally, she leads the outreach and education strategy across several communities in Riverside, San Bernardino, and Los Angeles counties.

Operations Team
This team will oversee collection services, container management, and vehicles.

David Collins, Division Vice President
David Collins joined Athens Services in 2021 as Division Vice President. He brings more than 17 years of senior management experience in the transportation industry, as well as two years of waste hauling experience in the San Gabriel Valley. David’s area of expertise includes business development and customer satisfaction, contract transition and startups, operations management, fleet maintenance management, and asset procurement and optimization.

Octavio Covarrubias, Assistant General Manager
Octavio is an operations leader with proficiencies in logistics, engagement, and communications. He is a hands-on and results- oriented professional who thrives in high-paced, high-pressure environments that require exceptional organizational and time management capabilities. Octavio has more than 14 years of experience in the waste and recycling industry, with a specialty in roll-off operations.

Customer Experience Team
This team will oversee our customer service representatives (CSRs), provide billing support, and manage our online self-service portal.

Yvonne Velazco, Director of Customer Service
Yvonne Velazco joined Athens Services in July 2023 as Director of Customer Service. She leads the organization’s call center operations and works closely with all departments to elevate the customer experience. Yvonne brings more than 20 years of sales and customer service experience from the financial industry and currently serves on the board of Proyecto Pastoral.

Nicole Espinoza, Customer Service Manager
Nicole has more than 23 years of experience in customer service, sales, and call center management. She has led a team of over 150 employees to achieve service levels that included increased customer satisfaction ratings and efficiencies. Nicole brings a wealth of industry knowledge, having served Southern California customers for more than 20 years. She is committed to providing customers with a great experience and educating them on our waste and recycling services.

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8 TECHNICAL QUALIFICATIONS
Athens Services has been a staple in the Monterey Park community for more than 50 years. This partnership stands as a testament to our commitment to providing exceptional service at a reasonable cost and making long-term investments in the communities we serve. At Athens, we pride ourselves on our ability to provide customers with an all-inclusive experience that merges the resources and infrastructure of a national hauler with the dependability and personalized customer service that is the hallmark of a local, family-owned business.

As the incumbent hauler, an extensive transition period will not be necessary for residents or businesses. Our mastery of the region and the City’s collection routes will help avoid any potential service interruptions and inconveniences caused by transitioning to a new provider. To meet the goals outlined in the draft franchise agreements and help the City achieve legislative compliance, this application will highlight our environmental outreach and education strategy, SB 1383 implementation framework, and state-of-the art material processing capabilities.

With Athens, the City will solidify a more than half-century long relationship that will continue to serve the bests interests of the Monterey Park community today and well into the future.

Outreach and Education
At Athens, we believe compliance starts well before containers are serviced. Based on our experience, residents and businesses want to do their part in reducing waste and protecting the environment–-we just have to make the process as simple and intuitive as possible. To do this and to support the City’s compliance efforts, we developed a robust outreach and education program designed to help community members understand the connection between organics recycling and overall environmental sustainability.

Our methodology encompasses digital and physical distribution of educational materials and resources, as well as in-person training where needed. This fully customizable approach is designed to target specific demographics within the City, including residents of single-family homes, multifamily properties, and commercial businesses.

In working with more than 50 communities across five Southern California counties, Athens has refined what a successful outreach and education program looks like. Our experience in working with diverse audiences has provided us with the tools needed to drive and sustain successful behavior change programs. We stand ready to put our expertise to work for the City of Monterey Park.

SB 1383 Compliance
It is without question that SB 1383 has changed the way cities and community members must manage their organics waste. The Athens Advantage program offers an array of features and services designed to help municipalities comply with the requirements of SB 1383 and can better prepare the City for future legislative changes. Elements of the program include:
» User
-friendly SB 1383 dashboard
» Full compliance reporting
» W
aste characterizations
» “Lid Flipper”
contamination monitoring
» Procurement support for recovered organic waste products » Usa
ge of carbon negative renewable natural gas (RNG) vehicles Several of our community partners in the San Gabriel Valley that have already implemented The Athens Advantage program have either become fully compliant with SB 1383 or are well on their way to compliance and have received accolades from CalRecycle and other governing bodies.

Our goal is to do the same for the City of Monterey Park.

Edible Food Recovery Programs
Athens will help the City implement a comprehensive food recovery program that promotes food waste prevention best practices and increases food donation opportunities. Our program focusses on a three- part integrated system:
» Coordina
te partnership opportunities between food recovery
organizations and Tier I and Tier II business
» Encoura
ge infrastructure development and advancement
» Conduct ongoing outreach and educa
tion
Athens will develop a full-spectrum organics program to decrease food waste before it reaches the dumpster. The program will help the City meet its waste diversion goals and support the social, economic, and environmental well-being of the Monterey Park community.

Landfill Avoidance
Athens does not own a single landfill. We have built our business on a commitment to landfill avoidance. We strive to reduce the amount of recyclables, organics waste, and unrecoverable waste sent to landfills by focusing on recycling, reusing, and composting whenever possible, and only landfilling as an absolute last resort.

Our efforts to maximize diversion centers on our outreach and education initiatives, commitment to investing in local recycling infrastructure, and state-of-the-art organics recycling capabilities.

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9 Athens Facilities
A combination of several processing facilities will be used to fulfill the requirements of the scope of work. Athens owns or partners with other public or private entities for the use of the listed facilities. This guarantees the most cost-effective solution for the communities we service. All of the facilities that Athens utilizes are fully permitted and have ample capacity to process all Monterey Park-generated materials. These facilities will be used to service the City:
» City of Industr
y MRF in City
of Industry
» Puente Hills MRF in City of
Industr
y
» Irwindale MRF in Irwindale
(starting 2025)
» Cro
wn Recycling Services in
Sun Valley
» American Organics in
Victor
ville
» Mid-V
alley Landfill in Rialto
Looking ahead towards 2025, Athens most advanced facility, the Irwindale Materials Recovery Facility (MRF), will offer Monterey Park an alternative processing facility for the City’s materials. Developed by Athens, the Irwindale MRF is situated on a 17-acre industrial site at 2200 Arrow Highway in Irwindale and represents a significant stride towards innovation and sustainability for the region. The facility is permitted to handle up to 6,000 tons per day (TPD) and will encompass a wide array of recycling solutions. Key features of the Irwindale MRF include:
» Sta
te-of-the-art Recycling Science and Technology Center
designed to educate students and visitors on recycling best practices and sustainability topics
» Advanced artificial intelligence and optical sorting systems for source-separa
ted recyclables and organics materials
» Commitment to sustainability tha
t is demonstrated through
solar panel installation and achieving Leadership in Energy and Environmental Design (LEED) certification
» Fully enc
losed structure intentionally designed to mitigate dust, neutralize odors, and reduce noise pollution
» Crea
tion of more than 200 local jobs that will contribute to the economic vitality of the surrounding community
The Irwindale MRF is not just a facility—it is a testament to Athens dedication to leading the industry towards a more sustainable future.

Once operational and upon agreement with the City, the Irwindale MRF can serve as a vital asset and an alternative processing facility for Monterey Park.

Container Identification
Immediately upon delivery, commercial bins are labelled with the customer’s address using a water-resistant marker. Additionally, each bin will include the Athens Customer Care Center phone number, safety decals, and information regarding acceptable materials per container.

Residential DRAFT Agreement Transition Plan
Athens has reviewed the Transition Plan outlined in Exhibit 4 of the DRAFT Exclusive Residential Discarded Materials Agreement and is fully prepared to provide the City with the Transition Plan no later than May 15, 2024. This plan includes, but is not limited to, the following:
» V
ehicle and container procurement schedule
» Equipment specifica
tions
» Outreach and educa
tion materials to be provided to customers
» Complete customer list and collection route ma
ps
Commercial DRAFT Agreement Transition Plan
Athens has reviewed the Transition Plan outlined in Exhibit 4 of the DRAFT Non-Exclusive Commercial Discarded Materials Agreement and is fully prepared to provide the City with Part One of the Transition Plan no later than June 1, 2024 and Part Two of the Transition Plan no later than July 31, 2024.

Part One of the Commercial Transition Plan includes, but is not limited to, the following:
» V
ehicle and container procurement schedule, as well as
equipment on hand and estimated figures to be purchased » Equipment specifica
tions
» Outreach and educa
tion materials to be provided to customers,
including rate tables
» Sample invoices
» Ser
vice agreement form
Part Two of the Commercial Transition Plan includes, but is not limited to, the following:
» Complete customer list and collection route ma
ps
» Listing of required vehic
les and containers required, as well as
an updated vehicle and container procurement schedule that includes anticipated delivery date for equipment on order » Container deliver
y plan
» Athens’ driver training program

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10 EXCEPTIONS AND ACKNOWLEDGEMENT OF TERMS AND CONDITIONS Please refer to Attachment 1 for the Exceptions and Acknowledgement of Terms and Conditions.

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11 SIGNATURE PAGE OF RESIDENTIAL DRAFT AGREEMENT
1

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12 SIGNATURE PAGE OF COMMERCIAL DRAFT AGREEMENT
1

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13 CERTIFICATION STATEMENT

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14 70

CERTIFICATION STATEMENT

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15 Attachment 3
PageContents
3-1Proposed First-Year Rate Revenue for Residential Franchise Under Option 2: Three-Cart Collection System 3-2Proposed Residential Cart Rates and Rate Revenues Under Option 2: Three-Cart Collection System 3-3Proposed Residential Bin Collection Rates and Rate Revenues 3-4Proposed Annual Cost for Abandoned Item Collection
ATTACHMENT 3

RATE PROPOSAL FORMS FOR RESIDENTIAL FRANCHISE
Table of Contents

CITY OF MONTEREY PARK
Under Option 2: Three-Cart Collection System
January 17, 2024 3-TOCCity of Monterey Park

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16 Attachment 3
Proposing Company:Athens Services
RowService CategoryProposed Rate Revenue (1)
1Proposed Residential Cart Rate Revenue - Under Option 2: Three-Cart Collection System (Attachment 3-2) $ 6,442,000 2Proposed Residential Bin Rate Revenue
(Attachment 3-3) $ 2,480,000 3Proposed Annual Cost for Abandoned Item Collection
(Attachment 3-4) $ 325,000 4Total First-Year Residential Rate Revenue $ 9,247,000

PROPOSED FIRST-YEAR RATE REVENUE FOR RESIDENTIAL FRANCHISE Under Option 2: Three-Cart Collection System
Instructions: Complete this workbook if proposing on Residential Option 2. Enter proposer's name in the above blue, bolded box. Confirm that rate revenue is accurately reflected, based on proposer's proposed rates.

Failure to complete and submit this form will deem the proposer's franchise proposal non-responsive.

CITY OF MONTEREY PARK
(1) Customer rates do not include any administrative, or other, fee that the City may require identified in Section 17.02.B of the Draft Residential Agreement.

January 17, 2024 3-1City of Monterey Park

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17 Attachment 3
Proposing Company:

Row Service Level
Proposed Customer
Monthly Rate
Effective 9/1/2024 (1)
Service Levels as of
July 2023
Proposed Residential
Cart Revenue
Residential Cart Services - Three-Cart Collection System 1 96-Gallon Solid Waste Cart, 96-Gallon Recycling, and 96-Gallon Organics Cart 38.69$ 10,062 389,299$ 2 96-Gallon Solid Waste Cart, 64-Gallon Recycling, and 64-Gallon Organics Cart 37.66$ 1,141 42,970$ 3 64-Gallon Solid Waste Cart, 96-Gallon Recycling, and 96-Gallon Organics Cart 36.19$ 333 12,051$ 4 64-Gallon Solid Waste Cart, 64-Gallon Recycling, and 64-Gallon Organics Cart 35.14$ 2,439 85,706$ Extra Black (Solid Waste) Cart (2)
5 96 Gallons 12.11$ 122 1,477$ 6 64 Gallons 9.34$ 13 121$ 7 32 Gallons 9.34$ - -$ Extra Recycling Cart
8 96 Gallons 12.11$ - -$ 9 64 Gallons 9.34$ - -$ 10 32 Gallons 9.34$ - -$ Extra Organics Cart
11 96 Gallons 12.11$ 251 3,040$ 12 64 Gallons 9.34$ 25 234$ 13 32 Gallons 9.34$ - -$ Additional Services
14 Roll-out at no charge to eligible customers -$ 172 -$ 15 Roll-out charge 108.25$ 18 1,949$ 16 Extra Exchange 115.00$ N/A N/A 17 Special Pick-Up Fee for Residential Cart per Section 13.04 of Draft Residential Agreement (per occurrence) 150.00$ N/A N/A 18 Total Monthly Revenue 536,847$
19 Months per Year 12
20 Total Annual Revenue 6,442,164$
21 Total Annual Revenue, Rounded 6,442,000$

CITY OF MONTEREY PARK
Failure to complete and submit this form will deem the proposer's franchise proposal non-responsive.

PROPOSED RESIDENTIAL CART RATES AND RATE REVENUES
Under Option 2: Three-Cart Collection System
Athens Services
Instructions: Provide monthly customer rates in blue, bolded boxes. The rate revenue should automatically calculate. Confirm accuracy of calculations.

Proposed Customer Monthly Rates and Rate Revenues Under Option 2: Three-Cart Collection System (2) Assumes that under current service levels, the first extra black cart would be eliminated due to the addition of a recycling cart. Customer levels for an extra black cart were calculated as the sum of extra black carts from customers with 2 or more extra black carts, less the first extra black cart from customers with 2 or more extra black carts.
(1) Customer rates do not include any administrative, or other, fee that the City may require identified in Section 17.02.B of the Draft Residential Agreement.

January 17, 2024 3-2 City of Monterey Park

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18 Attachment 3
Proposing Company:

Row Service Level
Proposed Customer
Monthly Rate Effective
9/1/2024 (1)
Service Levels as of July
2023
Proposed Residential Bin
Rate Revenue
1 Cubic Yard - Solid Waste
1 1x/week 221.51$ - -$ 2 2x/week 322.04$ - -$ 3 3x/week 422.58$ 1 423$ 4 4x/week 523.11$ - -$ 5 5x/week 623.65$ - -$ 6 6x/week 724.18$ - -$ 2 Cubic Yard - Solid Waste
7 1x/week 246.68$ 2 493$ 8 2x/week 370.23$ 5 1,851$ 9 3x/week 493.79$ - -$ 10 4x/week 625.07$ - -$ 11 5x/week 771.79$ - -$ 12 6x/week 895.34$ - -$ 3 Cubic Yard - Solid Waste
13 1x/week 254.40$ 185 47,064$ 14 2x/week 387.84$ 244 94,633$ 15 3x/week 521.26$ 94 48,998$ 16 4x/week 654.70$ 19 12,439$ 17 5x/week 788.12$ 1 788$ 18 6x/week 921.57$ - -$ 19 Special Pick-Up Fee for Residential Bin per Section

13.05 of Draft Residential Agreement 500.00$ N/A N/A 20 Total Monthly Revenue 206,689$
21 Months per Year 12
22 Total Annual Revenue 2,480,268$
22 Total Annual Revenue, Rounded 2,480,000$

CITY OF MONTEREY PARK
Failure to complete and submit this form will deem the proposer's franchise proposal non-responsive.

PROPOSED RESIDENTIAL BIN COLLECTION RATES AND RATE REVENUES Athens Services
Instructions: Provide monthly customer rates in blue, bolded boxes. The rate revenue should automatically calculate. Confirm accuracy of calculations.

Proposed Residential Bin Collection Rates and Rate Revenues for Bundled Collection Service (1) Customer rates do not include any administrative, or other, fee that the City may require identified in Section 17.02.B of the Draft Residential Agreement.

January 17, 2024 3-3 City of Monterey Park

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19 Attachment 3
Proposing Company:

RowService LevelEstimated Service LevelsProposed Annual Cost (1) 1Abandoned Item Collection (2)1,611 Requests in CY 2022325,000 $ (2) To be adjusted annually by CPI per Section 17.01 of Draft Residential Agreement.

Failure to complete and submit this form will deem the proposer's franchise proposal non-responsive.

CITY OF MONTEREY PARK

PROPOSED ANNUAL COST FOR ABANDONED ITEM COLLECTION
Athens Services
Instructions: Provide the total annual cost to be charged to the City in blue, bolded box. Confirm accuracy of calculations.

Proposed Annual Cost for Abandoned Item Collection Service (1) Customer rates do not include any administrative, or other, fee that the City may require identified in Section 17.02.B of the Draft Residential Agreement.

January 17, 2024 3-4City of Monterey Park

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20 Attachment 4
PageContents
4-1Projected Residential Annual Revenue Requirement Under Option 2: Three-Cart Collection System 4-2Projected Residential Routes and Route Hours Under Option 2: Three-Cart Collection System 4-3Residential Tonnage Diversion Plan
4-4Proposed Facilities List
ATTACHMENT 4

SUPPORTING COST AND OPERATING DATA WORKSHEETS
Table of Contents

CITY OF MONTEREY PARK
January 17, 2024 4 - TOCCity of Monterey Park

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21 Attachment 4
Proposing Company:

Instructions: Fill in blue, bolded boxes.

Solid Waste CartRecycling CartOrganics CartSolid Waste BinRecycling Cart or Bin (if applicable)
Organics Bin or
Cart
1Operations
2Truck Operating Costs (2)769,529 $ 758,938 $ 616,836 $ 755,195 $ 290,417 $ 199,126 $ 123,125 $ 133,385 $ 3,646,551 $ 3Transfer Station, Transport, MRF costs, net of recycling revenues573,841 $ 310,246 $ - $ 422,101 $ 34,846 $ 91,814 $ 99,466 $ 1,532,313 $ 4Organics Processing/Composting Costs541,944 $ 42,259 $ 584,203 $ 5Landfill Disposal Costs (3)382,560 $ 63,544 $ 28,523 $ 281,400 $ 7,137 $ 2,224 $ 61,210 $ 66,310 $ 892,910 $ 6Container Depreciation/Amortization Costs164,537 $ 162,272 $ 131,889 $ 42,830 $ 36,550 $ 36,550 $ 26,326 $ 28,520 $ 629,472 $ 7Other Operating Costs: ([please describe])- $
8Subtotal: Operations Costs1,890,467$ 1,295,000$ 1,319,192$ 1,501,526$ 368,949 $ 280,159 $ 302,475 $ 327,681 $ 7,285,449 $ 9Other Costs
10General and Administrative1,902,980 $
11Profit793,340 $
12Annualized Auditing Cost (4) 30,000 $
13Contracting Cost Reimbursement (5)28,571 $
14Other: ([please describe])- $
15TOTAL REVENUE REQUIREMENT9,247,000 $
16Tons Collected9,184.09 4,795.73 5,945.54 7,099.13 1,094.13 357.76 1,649.00 1,539.20 31,664.58 17Operations Cost Per Ton Collected205.84 $ 270.03 $ 221.88 $ 211.51 $ 337.21 $ 783.09 $ 183.43 $ 212.89 $ 230.08 $ 18Revenue Requirement per Ton Collected292.03 $
19TOTAL REVENUE REQUIREMENT (from Row 15)9,247,000 $
20TOTAL RATE REVENUE (from Att. 3-1, Row 4)9,247,000 $
21DIFFERENCE (Should be $0)0 $
(5) $200,000 amortized over the seven-year base term of the agreement.

CITY OF MONTEREY PARK
(2) Includes Driver/Helper/Supervisor Wages and Benefits, Vehicle Depreciation and Maintenance, Vehicle Insurance, Fuel, Uniforms and Other Route Costs. (3) Includes actual disposal costs at landfill, excluding transfer, transport, and MRF costs to be included on Row 3. (4) Audit fee is $70,000 per audit. Annualized auditing fee is $30,000, assuming three (3) audits over the seven (7) year term of the agreement. ([$70,000*3]/7= $30,000). (1) Rate revenue requirement does not include any administrative, or other, fee that the City may require identified in Section 17.02.B of the Draft Residential Agreement.

Failure to complete and submit this form will deem the proposer's franchise proposal non-responsive.

Residential Cart Service

PROJECTED RESIDENTIAL ANNUAL REVENUE REQUIREMENT
Under Option 2: Three-Cart Collection System
Athens Services
Row
Residential Bin Service Bulky Item Pickup,
Holiday Trees, City-
wide Cleanups,
Other

TOTAL ANNUAL

REVENUE RQMT
BASED ON RATE YEAR 2024-25 PRICE LEVELS (1)
Abandoned Item
Collection
January 17, 2024 4 - 1City of Monterey Park

Page 38 of 242 ends

22 Attachment 4
Proposing Company:

Instructions: Fill in blue, bolded boxes.

MonTuesWedThursFriSat
1Residential Cart Solid Waste3.0 3.0 3.0 3.0 3.0 - 15.0 11.0165 1 2Residential Cart Recycling1.5 1.5 1.5 1.5 1.5 - 7.5 11.083 1 3Residential Cart Organics1.5 1.5 1.5 1.5 1.5 - 7.5 11.083 1 4Residential Bin Solid Waste2.0 1.0 1.0 1.0 1.0 1.0 7.0 11.581 1 5Residential Bin or Cart Recycling (if applicable)- 1.0 - - - 1.0 2.0 11.022 1 6Residential Bin or Cart Organics1.0 - 1.0 1.0 1.0 - 4.0 11.044 1 7Other: ___[specify]______- -
8Other: ___[specify]______- -
9Other: ___[specify]______- -
Total9.0 8.0 8.0 8.0 8.0 2.0 43.0 478 (1) For example: 8, 9, or 10 hours per day.
(2) Total Route Days/Week multiplied by Hours Per Route per Day. (3) 1 or 2 persons.

CITY OF MONTEREY PARK
10 Failure to complete and submit this form will deem the proposer's franchise proposal non-responsive.

PROJECTED RESIDENTIAL ROUTES AND ROUTE HOURS
Under Option 2: Three-Cart Collection System
Athens Services
RowRoute Type
Routes Per DayTotal Route
Days/Week
Hours per
Route Per
Day (1)
Total Route
Hours Per
Week (2)
Crew Size
Per Truck
(3)
January 17, 2024 4 - 2City of Monterey Park

Page 39 of 242 ends

23 Attachment 4
Proposing Company:

Recycling OrganicsTotal
Diverted
1Residential Solid Waste Cart9,184 1,690 1,690 18% 2Residential Recycling Cart4,796 3,453 3,453 72% 3Residential Organics Cart 5,946 5,648 5,648 95% 4Residential Solid Waste Bin7,099 1,306 1,306 18% 5Residential Bin or Cart Recycling (if applicable)1,094 788 788 72% 6Residential Bin or Cart Organics358 340 340 95% 7Abandoned Item Collection1,649 - 0% 8Bulky Item Pickup, Holiday Trees, City-wide
Cleanups, Other1,539 - 0% 9Total31,665 7,237 5,988 13,225 42%

CITY OF MONTEREY PARK
Failure to complete and submit this form will deem the proposer's franchise proposal non-responsive.

RESIDENTIAL TONNAGE DIVERSION PLAN
Athens Services
Instructions: Fill in blue, bolded boxes. Confirm automatic calculations. Proposers must demonstrate how they will reach the required diversion rate for franchisee-collected waste per Section 8.01.B of the Draft Residential Agreement.

RowWaste Stream
Annual Tons
Collected (from
Att. 4-1, row 16)
Annual Tons DivertedTons
Diverted as %
of Tons
Collected
January 17, 2024 4-3City of Monterey Park

Page 40 of 242 ends

24 Attachment 4
Proposing Company:

Instructions: Fill in blue boxes.

Row Proposed Facility Type Facility Name
Address:

Operator:

SWIS Number:

Facility Type:

Material Type(s):

Address:

Operator:

SWIS Number:

Facility Type:

Material Type(s):

Address:
2390 North Alder Avenue, Rialto, CA 92377
Operator: County of San Bernardino
SWIS Number: 36-AA-0055
Facility Type: Landfill
Material Type(s): MSW
(If Applicable) Transfer Facility:

Address:

Operator:

SWIS Number:

Facility Type:

Material Type(s):
(If Applicable) Transfer Facility:

Address:
9147 De Garmo Avenue, Sun Valley, CA 91352
Operator: Arakelian Enterprises, Inc.

SWIS Number: 19-AR-0303
Facility Type: Transfer and Processing
Material Type(s): MSW, C&D, Inerts
(If Applicable) Transfer Facility:

Address:

Operator:

SWIS Number:

Facility Type:

Material Type(s):
(If Applicable) Transfer Facility:

Address:
14048 Valley Blvd, Industry, CA 91746
Operator: Athens Services
SWIS Number: 19-AA-0863
Facility Type: Transfer and Processing
Material Type(s): Organics
(If Applicable) Transfer Facility:

Address:
20055 Shay Rd., Victorville, CA, 92392
Operator: American Organics Recycling
SWIS Number: 36-AA-0403
Facility Type: Composting Facility
Material Type(s): Organics
(If Applicable) Transfer Facility:

Address:
2808 S. Workman Mill Road, Whitter, Whittier, CA 90601
Operator: Athens Services
SWIS Number: 19-AA-1043
Facility Type: Transfer and Processing
Material Type(s): Recycle
(If Applicable) Transfer Facility:

Address:

Operator:

SWIS Number:

Facility Type:

Material Type(s):
(If Applicable) Transfer Facility:
10 Recyclable Materials
Processing Facility(ies)
8 Organic Materials
Processing Facility(ies) Victor Valley Regional
Composting
9 Recyclable Materials
Processing Facility(ies) Puente Hills Materials
Recovery Facility
6 C&D Facility(ies)
7 Organic Materials
Processing Facility(ies) Athens Services - Industry MRF 4 Disposal Facility(ies)
5 C&D Facility(ies) Crown Recycling Services
2 Transfer Facility(ies)
3 Disposal Facility(ies) Mid-Valley Landfill

CITY OF MONTEREY PARK

PROPOSED FACILITIES LIST
Athens Services
Required Facility Information
1 Transfer Facility(ies)
January 17, 2024 4-4 City of Monterey Park
14048 Valley Blvd, Industry, CA 91746
Athens Services
Transfer and Processing
MSW, Recycle, Organics
Athens Services - Industry MRF 19-AA-0863
Industry MRF
Industry MRF

Page 41 of 242 ends

25 Attachment 4
Proposing Company:

Instructions: Fill in blue boxes.

Row Proposed Facility Type Facility Name

CITY OF MONTEREY PARK

PROPOSED FACILITIES LIST
Athens Services
Required Facility Information
Address:

Operator:

SWIS Number:

Facility Type:

Material Type(s):
(If Applicable) Transfer Facility:

Address:

Operator:

SWIS Number:

Facility Type:

Material Type(s):
(If Applicable) Transfer Facility:

Address:

Operator:

SWIS Number:

Facility Type:

Material Type(s):
(If Applicable) Transfer Facility:

Address:

Operator:

SWIS Number:

Facility Type:

Material Type(s):
(If Applicable) Transfer Facility:

Failure to complete and submit this form will deem the proposer's franchise proposal non-responsive. 12 Reusable Materials
Processing Facility(ies)
14 Other: ___[specify]______
13 High Diversion Organic Waste Processing
Facility
11 Reusable Materials
Processing Facility(ies)
January 17, 2024 4-4 City of Monterey Park

Page 42 of 242 ends

26 Attachment 3
PageContents
3-1Proposed First-Year Rate Revenue for Residential Franchise Under Option 1: Two-Cart Collection System 3-2Proposed Residential Cart Rates and Rate Revenues Under Option 1: Two-Cart Collection System 3-3Proposed Residential Bin Collection Rates and Rate Revenues 3-4Proposed Annual Cost for Abandoned Item Collection
ATTACHMENT 3

RATE PROPOSAL FORMS FOR RESIDENTIAL FRANCHISE
Table of Contents

CITY OF MONTEREY PARK
Under Option 1: Two-Cart Collection System
January 17, 2024 3 - TOCCity of Monterey Park

Page 43 of 242 ends

27 Attachment 3
Proposing Company: Athens Services
Row Service Category Proposed Rate Revenue (1)
1 Proposed Residential Cart Rate Revenue - Under Option 1: Two-Cart Collection System (Attachment 3-2) $ 9,969,000 2 Proposed Residential Bin Rate Revenue
(Attachment 3-3) $ 3,378,000 3 Proposed Annual Cost for Abandoned Item Collection
(Attachment 3-4) $ 325,000 4 Total First-Year Residential Rate Revenue $ 13,672,000 Failure to complete and submit this form will deem the proposer's franchise proposal non-responsive.

PROPOSED FIRST-YEAR RATE REVENUE FOR RESIDENTIAL FRANCHISE Instructions: Complete this workbook if proposing on Residential Option 1. Enter proposer's name in the above blue, bolded box. Confirm that rate revenue is accurately reflected based on proposer's proposed rates.

Under Option 1: Two-Cart Collection System

CITY OF MONTEREY PARK
(1) Customer rates do not include any administrative, or other, fee that the City may require identified in Section 17.02.B of the Draft Residential Agreement.

January 17, 2024 3-1 City of Monterey Park

Page 44 of 242 ends

28 Attachment 3
Proposing Company:

Row Service Level Proposed Customer Monthly
Rate Effective 9/1/2024 (1)
Service Levels as of
July 2023
Proposed Residential
Cart Revenue
Residential Cart Services - Two-Cart Collection System
1 96-Gallon Mixed Waste Cart and 96-Gallon Organics Cart 58.04$ 10,062 583,998$ 2 96-Gallon Mixed Waste Cart and 64-Gallon Organics Cart 56.48$ 1,141 64,444$ 3 64-Gallon Mixed Waste Cart and 96-Gallon Organics Cart 54.28$ 333 18,075$ 4 64-Gallon Mixed Waste Cart and 64-Gallon Organics Cart 52.71$ 2,439 128,560$ Extra Black (Mixed Waste) Cart
5 96 Gallons 18.17$ 1,522 27,655$ 6 64 Gallons 14.01$ 83 1,163$ 7 32 Gallons 14.01$ - -$ Extra Organics Cart
8 96 Gallons 18.17$ 251 4,561$ 9 64 Gallons 14.01$ 25 350$ 10 32 Gallons 14.01$ - -$ Additional Services
11 Roll-out at no charge to eligible customers -$ 172 -$ 12 Roll-out charge 108.25$ 18 1,949$ 13 Extra Exchange 115.00$ N/A N/A 14 Special Pick-Up Fee for Residential Cart per Section 13.04 of Draft Residential Agreement 150.00$ N/A N/A 15 Total Monthly Revenue 830,755$
16 Months per Year 12
17 Total Annual Revenue 9,969,060$
18 Total Annual Revenue, Rounded 9,969,000$

CITY OF MONTEREY PARK

PROPOSED RESIDENTIAL CART RATES AND RATE REVENUES
Failure to complete and submit this form will deem the proposer's franchise proposal non-responsive.

Under Option 1: Two-Cart Collection System
Athens Services
Instructions: Provide monthly customer rates in blue, bolded boxes. The rate revenue should automatically calculate. Confirm accuracy of calculations.

Proposed Customer Monthly Rates and Rate Revenues Under Option 1: Two-Cart Collection System (1) Customer rates do not include any administrative, or other, fee that the City may require identified in Section 17.02.B of the Draft Residential Agreement.

January 17, 2024 3-2 City of Monterey Park

Page 45 of 242 ends

29 Attachment 3
Proposing Company:

Row Service Level
Proposed Customer
Monthly Rate Effective
9/1/2024 (1)
Service Levels as of July
2023
Proposed Residential Bin
Rate Revenue
1 Cubic Yard - Solid Waste
1 1x/week 280.55$ - -$
2 2x/week 431.35$ - -$
3 3x/week 582.15$ 1 582$
4 4x/week 732.94$ - -$
5 5x/week 883.75$ - -$
6 6x/week 1,034.54$ - -$
2 Cubic Yard - Solid Waste
7 1x/week 318.30$ 2 637$
8 2x/week 503.63$ 5 2,518$
9 3x/week 688.95$ - -$
10 4x/week 885.86$ - -$
11 5x/week 1,105.94$ - -$
12 6x/week 1,291.27$ - -$
3 Cubic Yard - Solid Waste
13 1x/week 329.88$ 185 61,028$
14 2x/week 530.03$ 244 129,327$
15 3x/week 730.17$ 94 68,636$
16 4x/week 930.31$ 19 17,676$
17 5x/week 1,130.44$ 1 1,130$
18 6x/week 1,330.61$ - -$
19 Special Pick-Up Fee for Residential Bin per Section

13.05 of Draft Residential Agreement (per occurrence) 500.00$ N/A N/A 20 Total Monthly Revenue 281,534$
21 Months per Year 12
22 Total Annual Revenue 3,378,408$
23 Total Annual Revenue, Rounded 3,378,000$

CITY OF MONTEREY PARK
Failure to complete and submit this form will deem the proposer's franchise proposal non-responsive.

January 17, 2024 3-3 City of Monterey Park

Page 46 of 242 ends

30 Attachment 3
Proposing Company:

CITY OF MONTEREY PARK

PROPOSED ANNUAL COST FOR ABANDONED ITEM COLLECTION
Instructions: Provide the total annual cost to be charged to the City in blue, bolded box. Confirm accuracy of calculations.

Proposed Annual Cost for Abandoned Item Collection Service Failure to complete and submit this form will deem the proposer's franchise proposal non-responsive.

Athens Services
(1) Costs do not include any administrative, or other, fee that the City may require identified in Section 17.02.B of the Draft Residential Agreement.

January 17, 20243-4City of Monterey Park

Page 47 of 242 ends

31 Attachment 4
PageContents
4-1Projected Residential Annual Revenue Requirement Under Option 1: Two-Cart Collection System 4-2Projected Residential Routes and Route Hours Under Option 1: Two-Cart Collection System 4-3Residential Tonnage Diversion Plan
4-4Proposed Facilities List
ATTACHMENT 4

SUPPORTING COST AND OPERATING DATA WORKSHEETS
Table of Contents

CITY OF MONTEREY PARK
January 17, 2024 4 - TOCCity of Monterey Park

Page 48 of 242 ends

32 Attachment 4
Proposing Company:

Instructions: Fill in blue, bolded boxes.

Mixed Waste CartOrganics CartSolid Waste Bin Recycling Cart or Bin (if applicable)
Organics Bin or
Cart
1Operations
2Truck Operating Costs (2)1,453,921$ 871,314 $ 887,056 $ - $ 230,382 $ 232,627 $ 252,013 $ 3,927,314 $ 3Transfer Station, Transport, MRF costs, net of recycling revenues2,460,282$ 1,443,266$ - $ 393,645 $ 426,449 $ 4,723,642 $ 4Organics Processing/Composting Costs579,620 $ 41,872 $ 621,493 $ 5Landfill Disposal Costs (3)529,093 $ 30,506 $ 310,380 $ - $ 2,204 $ 84,655 $ 91,709 $ 1,048,547 $ 6Container Depreciation/Amortization Costs197,705 $ 118,482 $ 52,801 $ - $ 24,178 $ 31,633 $ 34,269 $ 459,067 $ 7Other Operating Costs: ([please describe])- $
8Subtotal: Operations Costs4,641,002$ 1,599,922$ 2,693,503$ - $ 298,637 $ 742,560 $ 804,440 $ 10,780,063$ 9Other Costs
10General and Administrative Costs2,833,366 $
11Profit1,192,726 $
12Annualized Auditing Cost (4) 30,000 $
13Contracting Cost Reimbursement (5)28,571 $
14Other: ([please describe])- $
15TOTAL REVENUE REQUIREMENT13,672,000$
16Tons Collected13,992.79 5,945.48 8,180.72 - 357.76 1,649.00 1,539.20 31,664.95 17Operations Cost Per Ton Collected331.67 $ 269.10 $ 329.25 $ - $ 834.74 $ 450.31 $ 522.64 $ 340.44 $ 18Revenue Requirement per Ton Collected431.77 $
19TOTAL REVENUE REQUIREMENT (from Row 15)13,672,000$
20TOTAL RATE REVENUE (from Att. 3-1, Row 4)13,672,000$
21DIFFERENCE (Should be $0)0 $
(5) $200,000 amortized over the seven-year base term of the agreement.

Failure to complete and submit this form will deem the proposer's franchise proposal non-responsive. (1) Rate revenue requirement does not include any administrative, or other, fee that the City may require identified in Section 17.02.B of the Draft Residential Agreement.

PROJECTED RESIDENTIAL ANNUAL REVENUE REQUIREMENT
Under Option 1: Two-Cart Collection System
Athens Services
Row
Residential Cart ServiceResidential Bin Service Bulky Item Pickup, Holiday Trees, City-
wide Cleanups,
Other

TOTAL ANNUAL

REVENUE RQMT
BASED ON RATE YEAR 2024-25 PRICE LEVELS (1)
Abandoned Item
Collection

January 17, 20244-1City of Monterey Park

Page 49 of 242 ends

33 Attachment 4
Proposing Company:

Instructions: Fill in blue, bolded boxes.

MonTuesWedThursFriSat
1Residential Cart Mixed Waste2.0 2.0 2.0 2.0 2.0 10.0 11.0110 1 2Residential Cart Organics2.0 2.0 2.0 2.0 2.0 10.0 11.0110 1 3Residential Bin Solid Waste2.0 1.0 1.0 1.0 1.0 1.0 7.0 10.574 1 4Residential Bin or Cart Recycling (if applicable)- -
5Residential Bin or Cart Organics1.0 1.0 2.0 10.521 1 6Other: ___[specify]______- -
7Other: ___[specify]______- -
8Other: ___[specify]______- -
Total6.0 6.0 5.0 6.0 5.0 1.0 29.0 315 (1) For example: 8, 9, or 10 hours per day.
(2) Total Route Days/Week multiplied by Hours Per Route per Day. (3) 1 or 2 persons.

CITY OF MONTEREY PARK
Failure to complete and submit this form will deem the proposer's franchise proposal non-responsive.

PROJECTED RESIDENTIAL ROUTES AND ROUTE HOURS
Athens Services
RowRoute Type
Routes Per DayTotal Route
Days/Week
Hours per
Route Per
Day (1)
Total Route
Hours Per
Week (2)
Crew Size
Per Truck
(3)
Under Option 1: Two-Cart Collection System
9 January 17, 20244-2City of Monterey Park

Page 50 of 242 ends

34 Attachment 4
Proposing Company:

Recycling OrganicsTotal
Diverted
1Residential Mixed Waste Cart13,993 4,705 4,705 34% 2Residential Organics Cart5,945 5,648 5,648 95% 3Residential Solid Waste Bin8,181 2,741 2,741 34% 4Residential Bin or Cart Recycling (if applicable)- - - - 5Residential Bin or Cart Organics358 340 340 95%
6Abandoned Item Collection1,649 - 0%
7Bulky Item Pickup, Holiday Trees, City-wide
Cleanups, Other1,539 - 0%
8Total31,665 7,446 5,988 13,434 42%

CITY OF MONTEREY PARK
Failure to complete and submit this form will deem the proposer's franchise proposal non-responsive.

RESIDENTIAL TONNAGE DIVERSION PLAN
Athens Services
Instructions: Fill in blue, bolded boxes. Confirm automatic calculations. Proposers must demonstrate how they will reach their required diversion rate for franchisee-collected waste per Section 8.01.B of the Draft Residential Agreement.

RowWaste Stream
Annual Tons
Collected (from
Att. 4-1, row 16)
Annual Tons DivertedTons
Diverted as %
of Tons
Collected
January 17, 20244-3City of Monterey Park

Page 51 of 242 ends

35 Attachment 4
Proposing Company:

Instructions: Fill in blue boxes.

Row Proposed Facility Type Facility Name
Address:

Operator:

SWIS Number:

Facility Type:

Material Type(s):

Address:

Operator:

SWIS Number:

Facility Type:

Material Type(s):

Address:
2390 North Alder Avenue, Rialto, CA 92377
Operator: County of San Bernardino
SWIS Number: 36-AA-0055
Facility Type: Landfill
Material Type(s):

Industry MRF(If Applicable) Transfer Facility:

Address:

Operator:

SWIS Number:

Facility Type:

Material Type(s):
(If Applicable) Transfer Facility:

Address:
9147 De Garmo Avenue, Sun Valley, CA 91352
Operator: Arakelian Enterprises, Inc.

SWIS Number: 19-AR-0303
Facility Type: Transfer and Processing
Material Type(s): MSW, C&D, Inerts
(If Applicable) Transfer Facility:

Address:

Operator:

SWIS Number:

Facility Type:

Material Type(s):
(If Applicable) Transfer Facility:

Address:
14048 Valley Blvd, Industry, CA 91746
Operator: Athens Services
SWIS Number: 19-AA-0863
Facility Type: Transfer and Processing
Material Type(s): Organics
(If Applicable) Transfer Facility:

Address:
20055 Shay Rd., Victorville, CA, 92392
Operator: American Organics Recycling
SWIS Number: 36-AA-0403
Facility Type: Composting Facility
Material Type(s):
(If Applicable) Transfer Facility:

Address: 2808 S. Workman Mill Road, Whitter, Whittier, CA 90601 Operator: Athens Services
SWIS Number: 19-AA-1043
Facility Type: Transfer and Processing
Material Type(s): Recycle
(If Applicable) Transfer Facility:

Address:

Operator:

SWIS Number:

Facility Type:

Material Type(s):
(If Applicable) Transfer Facility:

Athens Services
Required Facility Information
1 Transfer Facility(ies)
2 Transfer Facility(ies)
3 Disposal Facility(ies) Mid-Valley Landfill
4 Disposal Facility(ies)
5 C&D Facility(ies) Crown Recycling Services
6 C&D Facility(ies)

CITY OF MONTEREY PARK

PROPOSED FACILITIES LIST
10 Recyclable Materials
Processing Facility(ies)
7 Organic Materials
Processing Facility(ies) Athens Services - Industry MRF 8 9 Recyclable Materials
Processing Facility(ies) Puente Hills Materials
Recovery Facility
Organic Materials
Processing Facility(ies) Victor Valley Regional
Composting Facility
January 17, 2024 4-4 City of Monterey Park
MSW
14048 Valley Blvd, Industry, CA 91746
Athens Services
19-AA-0863
Transfer and Processing
MSW, Recycle, Organics
Athens Services - Industry MRF
Organics
Industry MRF

Page 52 of 242 ends

36 35
Attachment 4
Proposing Company:

Instructions: Fill in blue boxes.

Row Proposed Facility Type Facility Name
Athens Services
Required Facility Information

CITY OF MONTEREY PARK

PROPOSED FACILITIES LIST
Address:

Operator:

SWIS Number:

Facility Type:

Material Type(s):
(If Applicable) Transfer Facility:

Address:

Operator:

SWIS Number:

Facility Type:

Material Type(s):
(If Applicable) Transfer Facility:

Address:

Operator:

SWIS Number:

Facility Type:

Material Type(s):
(If Applicable) Transfer Facility:

Address:

Operator:

SWIS Number:

Facility Type:

Material Type(s):
(If Applicable) Transfer Facility:
13 High Diversion Organic Waste Processing
Facility
Failure to complete and submit this form will deem the proposer's franchise proposal non-responsive. 12 Reusable Materials
Processing Facility(ies)
14 Other: ___[specify]______
11 Reusable Materials
Processing Facility(ies)
January 17, 2024 4-4 City of Monterey Park
Athens Services - Industry MRF*
14048 Valley Blvd, Industry, CA 91746
Athens Services
19-AA-0863
Transfer and Processing
Organics
*While no materials recovery facility in California is currently designated as an Approved High Diversion Organic Waste Processing Facility (HDOWPF) per CalRecycle guidelines, Athens Services is in compliance with the latest requirements in an effort to achiev e said status.

Page 53 of 242 ends

37 Attachment 3
PageContents
3-1Proposed First-Year Rate Revenue for Commercial Franchise 3-2Proposed Commercial Bin Rates and Rate Revenues
3-3Commercial Recycling and Organics Container Service Levels at No Additional Charge 3-4Proposed Roll-Off and Temporary Bin Rates and Rate Revenues 3-5Proposed Rates and Rate Revenues for Extra Services
3-6Proposed Rates and Rate Revenues for Street Containers ATTACHMENT 3

RATE PROPOSAL FORMS FOR COMMERCIAL FRANCHISE
Table of Contents

CITY OF MONTEREY PARK
January 17, 2024 3 - TOCCity of Monterey Park

Page 54 of 242 ends

38 Attachment 3
Proposing Company:Athens Services
RowService CategoryProposed Rate Revenue (1)
1Commercial Bin Rate Revenue
(Attachment 3-2) $ 2,881,000
2Roll-Off and Temporary Bin Rate Revenue
(Attachment 3-4) $ 126,000
3Extra Services Rate Revenue
(Attachment 3-5) $ 306,000
4Street Containers Revenue
(Attachment 3-6) $ 206,000
5Total Annual Commercial and Roll-Off Rate Revenue $ 3,519,000

CITY OF MONTEREY PARK
Instructions: Enter proposer's name in the above blue, bolded box. Confirm that rate revenue is accurately reflected based on proposer's proposed rates.

Failure to complete and submit this form will deem the proposer's franchise proposal non- responsive.

PROPOSED FIRST-YEAR RATE REVENUE FOR COMMERCIAL FRANCHISE (1) Customer rates do not include any administrative, or other, fee that the City may require identified in Section

17.02.B of the Draft Commercial Agreement.

January 17, 2024 3 - 1City of Monterey Park

Page 55 of 242 ends

39 Attachment 3
Proposing Company:

Row Service Level
Proposed Customer
Monthly Rate
Effective 9/1/2024
Service Levels as of
July 2023
Proposed Rate
Revenue

1.5 CY Solid Waste Bin
1 1x/week 173.47$ 67 11,622$
2 2x/week 289.30$ - -$
3 3x/week 405.14$ - -$
4 4x/week 513.25$ - -$
5 5x/week 667.69$ - -$
6 6x/week 930.25$ - -$
7 7x/week 1,007.47$ - -$
2 CY Solid Waste Bin
8 1x/week 181.19$ 12 2,174$
9 2x/week 304.75$ 1 305$
10 3x/week 428.31$ - -$
11 4x/week 559.58$ - -$
12 5x/week 706.31$ - -$
13 6x/week 829.86$ - -$
14 7x/week 1,084.70$ - -$
3 CY Solid Waste Bin
15 1x/week 188.92$ 27 5,101$
16 2x/week 322.36$ 10 3,224$
17 3x/week 455.78$ 15 6,837$
18 4x/week 589.21$ 1 589$
19 5x/week 722.64$ - -$
20 6x/week 856.09$ 5 4,280$
21 7x/week 1,130.60$ 1 1,131$

CITY OF MONTEREY PARK
Athens Services
Instructions: Provide monthly customer rates in blue, bolded boxes. The rate revenue should automatically calculate. Confirm accuracy of calculations. Container counts include collection services for City facilities.

PROPOSED BIN RATES AND RATE REVENUES
Customers without Organics - Includes solid waste collection and disposal and recycling services.

Proposed Customer Monthly Bin Rates and Rate Revenues (1)

FOR COMMERCIAL AND CITY FACILITIES
January 17, 2024 3 - 2 City of Monterey Park

Page 56 of 242 ends

40 Attachment 3
Proposing Company:

Row Service Level
Proposed Customer
Monthly Rate
Effective 9/1/2024
Service Levels as of
July 2023
Proposed Rate
Revenue

PROPOSED BIN RATES AND RATE REVENUES
Proposed Customer Monthly Bin Rates and Rate Revenues (1)

FOR COMMERCIAL AND CITY FACILITIES
4 CY Solid Waste Bin
22 1x/week 205.37$ 5 1,027$ 23 2x/week 355.24$ 2 710$ 24 3x/week 505.13$ 8 4,041$ 25 4x/week 655.00$ 1 655$ 26 5x/week 804.88$ 3 2,415$ 27 6x/week 954.77$ 9 8,593$ 28 7x/week 1,253.96$ 1 1,254$ 2 CY Solid Waste Compactor
29 1x/week 335.64$ - -$ 30 2x/week 459.19$ - -$ 31 3x/week 582.75$ - -$ 32 4x/week 714.03$ - -$ 33 5x/week 860.75$ - -$ 34 6x/week 984.31$ - -$ 35 7x/week 1,239.14$ - -$ 3 CY Solid Waste Compactor
36 1x/week 420.58$ - -$ 37 2x/week 554.02$ - -$ 38 3x/week 687.45$ - -$ 39 4x/week 820.88$ - -$ 40 5x/week 954.31$ - -$ 41 6x/week 1,087.75$ - -$ 42 7x/week 1,362.26$ - -$ Customer-Owned Compactor Bin Service without Organics - Includes the cost for recycling services provided to customers and the cost of disposal of non-recyclable materials.

January 17, 2024 3 - 2 City of Monterey Park

Page 57 of 242 ends

41 Attachment 3
Proposing Company:

Row Service Level
Proposed Customer
Monthly Rate
Effective 9/1/2024
Service Levels as of
July 2023
Proposed Rate
Revenue

PROPOSED BIN RATES AND RATE REVENUES
Proposed Customer Monthly Bin Rates and Rate Revenues (1)

FOR COMMERCIAL AND CITY FACILITIES

1.5 CY Solid Waste Bin
43 1x/week 238.95$ 8 1,912$ 44 2x/week 354.79$ - -$ 45 3x/week 470.62$ - -$ 46 4x/week 578.73$ - -$ 47 5x/week 733.18$ - -$ 48 6x/week 995.73$ - -$ 49 7x/week 1,072.95$ - -$ 2 CY Solid Waste Bin
50 1x/week 246.68$ 42 10,361$ 51 2x/week 370.23$ 1 370$ 52 3x/week 493.79$ 1 494$ 53 4x/week 625.07$ - -$ 54 5x/week 771.79$ - -$ 55 6x/week 895.34$ 1 895$ 56 7x/week 1,150.18$ - -$ 3 CY Solid Waste Bin
57 1x/week 254.40$ 137 34,853$ 58 2x/week 387.84$ 61 23,658$ 59 3x/week 521.26$ 51 26,584$ 60 4x/week 654.70$ 18 11,785$ 61 5x/week 788.12$ 27 21,279$ 62 6x/week 921.57$ 30 27,647$ 63 7x/week 1,196.08$ - -$ Customers with Organics - Includes solid waste collection and disposal, recycling service, and organics recycling service.

January 17, 2024 3 - 2 City of Monterey Park

Page 58 of 242 ends

42 Attachment 3
Proposing Company:

Row Service Level
Proposed Customer
Monthly Rate
Effective 9/1/2024
Service Levels as of
July 2023
Proposed Rate
Revenue

PROPOSED BIN RATES AND RATE REVENUES
Proposed Customer Monthly Bin Rates and Rate Revenues (1)

FOR COMMERCIAL AND CITY FACILITIES
4 CY Solid Waste Bin
64 1x/week 270.86$ 3 813$ 65 2x/week 420.73$ 3 1,262$ 66 3x/week 570.61$ 5 2,853$ 67 4x/week 720.48$ 4 2,882$ 68 5x/week 870.37$ 10 8,704$ 69 6x/week 1,020.25$ 7 7,142$ 70 7x/week 1,319.44$ 2 2,639$ 2 CY Solid Waste Compactor
71 1x/week 401.12$ - -$ 72 2x/week 524.68$ - -$ 73 3x/week 648.23$ - -$ 74 4x/week 779.51$ - -$ 75 5x/week 926.23$ - -$ 76 6x/week 1,049.79$ - -$ 77 7x/week 1,304.62$ - -$ 3 CY Solid Waste Compactor
78 1x/week 486.06$ - -$ 79 2x/week 619.50$ - -$ 80 3x/week 752.93$ - -$ 81 4x/week 886.36$ - -$ 82 5x/week 1,019.79$ - -$ 83 6x/week 1,153.24$ - -$ 84 7x/week 1,427.75$ - -$ Customer-Owned Compactor Bin Service with Organics- Includes solid waste collection and disposal, recycling service, and organics recycling service.

January 17, 2024 3 - 2 City of Monterey Park

Page 59 of 242 ends

43 Attachment 3
Proposing Company:

Row Service Level
Proposed Customer
Monthly Rate
Effective 9/1/2024
Service Levels as of
July 2023
Proposed Rate
Revenue

PROPOSED BIN RATES AND RATE REVENUES
Proposed Customer Monthly Bin Rates and Rate Revenues (1)

FOR COMMERCIAL AND CITY FACILITIES
85 Total Monthly Revenue 240,091$
86 Months per Year 12
87 Total Annual Revenue 2,881,092$
88 Total Annual Revenue, Rounded 2,881,000$
Failure to complete and submit this form will deem the proposer's franchise proposal non- responsive.
(1) Customer rates do not include any administrative, or other, fee that the City may require identified in Section 17.02.B of the Draft Commercial Agreement.

January 17, 2024 3 - 2 City of Monterey Park

Page 60 of 242 ends

44 Attachment 3
Proposing Company: Athens Services
Row Recycling Containers Service Levels as of July 2023 35-Gallon Recycling Cart
1 1x/week -
2 2x/week -
3 3x/week -
4 4x/week -
5 5x/week -
6 6x/week -
7 7x/week -
65-Gallon Recycling Cart
8 1x/week -
9 2x/week -
10 3x/week -
11 4x/week -
12 5x/week -
13 6x/week -
14 7x/week -
95-Gallon Recycling Cart
15 1x/week 49
16 2x/week 1
17 3x/week 3
18 4x/week -
19 5x/week -
20 6x/week -
21 7x/week -

CITY OF MONTEREY PARK

RECYCLING AND ORGANICS CONTAINER SERVICE LEVELS AT NO ADDITIONAL CHARGE AS OF JULY 2023
Instructions: Please review the number of containers subscribed to each of the recycling and organics service levels at no additional charge. Container counts includes collection services for City facilities.

FOR COMMERCIAL AND CITY FACILITIES
January 17, 2024 3 - 3 City of Monterey Park

Page 61 of 242 ends

45 Attachment 3
Proposing Company: Athens Services
Row Recycling Containers Service Levels as of July 2023

CITY OF MONTEREY PARK

FOR COMMERCIAL AND CITY FACILITIES

1.5 CY Recycling Bin
22 1x/week 6
23 2x/week 1
24 3x/week -
25 4x/week -
26 5x/week -
27 6x/week -
28 7x/week -
2 CY Recycling Bin
29 1x/week 6
30 2x/week -
31 3x/week -
32 4x/week -
33 5x/week -
34 6x/week -
35 7x/week -
3 CY Recycling Bin
36 1x/week 22
37 2x/week 6
38 3x/week 9
39 4x/week 3
40 5x/week 1
41 6x/week -
42 7x/week -
4 CY Recycling Bin
43 1x/week 1
44 2x/week -
45 3x/week 1
46 4x/week -
47 5x/week -
48 6x/week -
49 7x/week 1
January 17, 2024 3 - 3 City of Monterey Park

Page 62 of 242 ends

46 Attachment 3
Proposing Company: Athens Services
Row Recycling Containers Service Levels as of July 2023

CITY OF MONTEREY PARK

FOR COMMERCIAL AND CITY FACILITIES
35-Gallon Organics Cart
50 1x/week 41
51 2x/week -
52 3x/week -
53 4x/week -
54 5x/week -
55 6x/week -
56 7x/week -
65-Gallon Organics Cart
57 1x/week 161
58 2x/week -
59 3x/week 5
60 4x/week -
61 5x/week -
62 6x/week -
63 7x/week -
95-Gallon Organics Cart
64 1x/week 5
65 2x/week -
66 3x/week -
67 4x/week -
68 5x/week -
69 6x/week -
70 7x/week -

1.5 CY Organics Bin
71 1x/week -
72 2x/week -
73 3x/week -
74 4x/week -
75 5x/week -
76 6x/week -
77 7x/week -
January 17, 2024 3 - 3 City of Monterey Park

Page 63 of 242 ends

47 Attachment 3
Proposing Company: Athens Services
Row Recycling Containers Service Levels as of July 2023

CITY OF MONTEREY PARK

FOR COMMERCIAL AND CITY FACILITIES
2 CY Organics Bin
78 1x/week -
79 2x/week 3
80 3x/week -
81 4x/week -
82 5x/week -
83 6x/week -
84 7x/week -
3 CY Organics Bin
85 1x/week 1
86 2x/week -
87 3x/week -
88 4x/week -
89 5x/week -
90 6x/week -
91 7x/week -
Failure to complete and submit this form will deem the proposer's franchise proposal non-responsive. (1) Customer rates do not include any administrative, or other, fee that the City may require identified in Section

17.02.B of the Draft Commercial Agreement.

January 17, 2024 3 - 3 City of Monterey Park

Page 64 of 242 ends

48 Attachment 3
Proposing Company:

Row Service Level Proposed Customer Rate
Effective 9/1/2024 (1)
Service Levels from
July 2022 - June 2023
Proposed Annual Rate
Revenue
1 20-yd (Up to 3 tons) 689.36$ 15 10,340$ 2 30-yd (Up to 4 tons) 810.82$ 17 13,784$ 3 40-yd (Up to 5 tons) 932.27$ 23 21,442$ 4 Disposal per Ton Over Flat Rate tons 121.45$ - -$ 5 20-yd (Up to 4 tons) 810.82$ - -$ 6 30-yd (Up to 6 tons) 923.00$ 4 3,692$ 7 35-yd (Up to 7 tons) 1,011.11$ 1 1,011$ 8 40-yd (Up to 8 tons) 1,099.25$ 3 3,298$ 9 Disposal per Ton Over Flat Rate Tons 121.45$ - -$ 10 Rocket Launcher per hour (4-hour minimum) (2) 600.00$ N/A N/A 11 Compactor Wash-Out 354.81$ N/A N/A 12 10-yd 614.07$ 27 16,580$ 13 40-yd (All sizes up to 40-yd) 1,082.99$ 35 37,905$ 14 10-yd Carbon Waste 810.82$ 4 3,243$ 15 10-yd Asbestos Pipe Disposal 810.82$ - -$ 16 3-yd Temp Bin Service 242.79$ 72 17,481$ 17 Total Annual Revenue 125,533$
18 Total Annual Revenue, Rounded 126,000$

CITY OF MONTEREY PARK

PROPOSED ROLL-OFF AND TEMPORARY BIN RATES AND RATE REVENUES Athens Services
Instructions: Provide customer rates in blue, bolded boxes. The rate revenues should automatically calculate. Confirm accuracy of calculations.

Mixed Waste Roll-Off Service - Includes container delivery and removal, the cost of any recycling services provided to customer, and disposal of non-recyclable materials.

Proposed Roll-Off and Temporary Bin Rates and Rate Revenues Failure to complete and submit this form will deem the proposer's franchise proposal non-responsive.

Customer-Owned Compactor Roll-Off Service - Includes the cost of any recycling services provided to the customer and disposal of non-recyclable materials.

Roll-Off Service for Inert Material -
Includes container delivery and removal, the cost of any recycling services provided to the customer, and disposal of non-recyclable materials.

Roll-Off Service for C&D Debris Material - Includes container delivery and removal, the cost of any recycling services provided to the customer, and disposal of non-recyclable materials.

Temporary Bin Service
Roll-Off Service for Special City Waste - Includes container delivery and removal, the cost of any recycling services provided to the customer, and disposal of non-recyclable materials.
(1) Customer rates do not include any administrative, or other, fee that the City may require identified in Section 17.02.B of the Draft Commercial Agreement.
(2) When a roll-off container is extremely overweight, a rocket launcher service is contracted. A rocket launcher is a specialized truck used to service heavy roll-off containers.

January 17, 2024 3 - 4 City of Monterey Park

Page 65 of 242 ends

49 Attachment 3
Proposing Company:

Row Service Level
Proposed Customer
Monthly Rate Effective
9/1/2024
Service Levels as of
July 2023
Proposed Rate
Revenue
1 Push-out Service per Bin per Month 36.53$ 661 24,146$ 2 Lock Lids per Container per Month 18.94$ 72 1,364$ 3 Lock Lid Installation (one time per installation) 39.44$ N/A N/A 4 Extra Cart Service (per cart per occurrence) 43.89$ N/A N/A 5 1.5-yd Bin Extra Service 70.98$ N/A N/A 6 2-yd Bin Extra Service 70.98$ N/A N/A 7 3-yd Bin Extra Service 70.98$ N/A N/A 8 4-yd Bin Extra Service 70.98$ N/A N/A 9 Overflowing Bin (per bin per occurrence) 35.82$ N/A N/A 10 Overweight Bin (per bin per occurrence) 143.90$ N/A N/A 11 Dead Run or Go Back (Bin) 70.98$ N/A N/A 12 Bin Exchange or Wash Out 42.98$ N/A N/A 13 Bulky Item Collection: Rate per Item 42.98$ N/A N/A 14 Customer Bin Fabrication (per Cubic Yard) 293.41$ N/A N/A 15 Replacement of Burned Bin (per Bin) 586.84$ N/A N/A 16 Roll-off Dead Run or Go Back 70.98$ N/A N/A 17 Roll-off Container Relocation 86.71$ N/A N/A 18 Declined Payment 35.82$ N/A N/A
19 Stop Service 35.82$ N/A N/A
20 Service Reinstatement 100.29$ N/A N/A 21 Total Monthly Revenue 25,510$
22 Months per Year 12
23 Total Annual Revenue 306,120$
24 Total Annual Revenue, Rounded 306,000$
Failure to complete and submit this form will deem the proposer's franchise proposal non-responsive.

PROPOSED RATES AND RATE REVENUES FOR EXTRA SERVICES
Athens Services
Instructions: Provide monthly customer rates in blue, bolded boxes. The rate revenue should automatically calculate.

Confirm accuracy of calculations.

CITY OF MONTEREY PARK
(1) Customer rates do not include any administrative, or other, fee that the City may require identified in Section 17.02.B of the Draft Commercial Agreement.

Proposed Rates and Rate Revenues For Extra Services
January 17, 2024 3 - 5 City of Monterey Park

Page 66 of 242 ends

50 Attachment 3
Proposing Company:

Row Service Level
Total Proposed
Monthly Rate per
Location (1)
Number of
Locations as of July
2023
Proposed Rate
Revenue
1 Street Containers Serviced 6x/week (2) 114.42$ 150 17,163$ 2 Months per Year 12
3 Total Annual Revenue 205,956$
4 Total Annual Revenue, Rounded 206,000$
(2) To be adjusted annually by CPI per Section 17.01 of the Draft Commercial Agreement.

PROPOSED RATES AND RATE REVENUES FOR STREET CONTAINERS
Athens Services
Instructions: Provide total rate per location in blue, bolded box. The rate revenue should automatically calculate.

Confirm accuracy of calculations.

Failure to complete and submit this form will deem the proposer's franchise proposal non-responsive.

CITY OF MONTEREY PARK
Proposed Rates and Rate Revenues For Street Containers
(1) Customer rates do not include any administrative, or other, fee that the City may require identified in Section 17.02.B of the Draft Commercial Agreement.

January 17, 2024 3 - 6 City of Monterey Park

Page 67 of 242 ends

51 Attachment 4
PageContents
4-1Projected Commercial Annual Revenue Requirement
4-2Projected Commercial Routes and Route Hours
4-3Commercial Tonnage Diversion Plan
4-4Proposed Facilities List
ATTACHMENT 4

SUPPORTING COST AND OPERATING DATA WORKSHEETS
Table of Contents

CITY OF MONTEREY PARK
January 17, 2024 4 - TOCCity of Monterey Park

Page 68 of 242 ends

52 Attachment 4
Proposing Company:

Instructions: Fill in blue, bolded boxes.

Solid WasteOrganicsRecycling (if
applicable)
1 Operations
2Truck Operating Costs (2)996,717 $ 207,365 $ 240,712 $ 30,826 $ 1,475,621 $ 3Transfer Station, Transport, MRF costs, net of recycling revenues636,506 $ 28,175 $ 19,686 $ 684,367 $ 4Organics Processing/Composting Costs40,311 $ 40,311 $ 5Landfill Disposal Costs (3)424,338 $ 2,122 $ 5,771 $ 13,124 $ 445,354 $ 6Container Depreciation/Amortization Costs52,061 $ 31,354 $ 31,354 $ 1,610 $ 116,380 $ 7Other Operating Costs: ([please describe])- $
8Subtotal: Operations Costs2,109,622$ 281,152 $ 306,012 $ 65,246 $ 2,762,032 $ 9Other Costs
10General and Administrative698,397 $
11 Profit276,117 $
12Annualized Auditing Cost (4) 30,000 $
13Contracting Cost Reimbursement (5)28,571 $
14Other: ([please describe])- $
15TOTAL REVENUE REQUIREMENT3,519,000 $
16Tons Collected7,237.59 2,487.27 1,693.63 678.50 12,096.99 17Operations Cost Per Ton Collected291.48 $ 113.04 $ 180.68 $ 96.16 $ 228.32 $ 18Revenue Requirement per Ton Collected290.90 $
19TOTAL REVENUE REQUIREMENT (from Row 15)3,519,000 $
20TOTAL RATE REVENUE (from Att. 3-1, Row 5)3,519,000 $
21DIFFERENCE (Should be $0)(0) $
(5) $200,000 amortized over the seven-year base term of the agreement.

CITY OF MONTEREY PARK

COMMERCIAL COLLECTION SERVICES

PROJECTED ANNUAL REVENUE REQUIREMENT
Athens Services
BASED ON RATE YEAR 2024-25 PRICE LEVELS (1)
(2) Includes Driver/Helper/Supervisor Wages and Benefits, Vehicle Depreciation and Maintenance, Vehicle Insurance, Fuel, Uniforms and Other Route Costs. (3) Includes actual disposal costs at landfill, excluding transfer, transport, and MRF costs to be included in Row 3. (4) Audit fee is $70,000 per audit. Annualized auditing fee is $30,000, assuming three (3) audits over the seven (7) year term of the agreement. ([$70,000 *3] / 7 = $30,000).

Row
Commercial Service
Street ContainerTOTAL ANNUAL

REVENUE RQMT
January 17, 2024 4 - 1City of Monterey Park

Page 69 of 242 ends

53 Attachment 4
Proposing Company:

Instructions: Fill in blue, bolded boxes.

SunMonTuesWedThursFriSat
1Commercial Cart Organic Waste - 0.5 0.5 0.5 - 1.5 9.014 1 2Commercial Cart Recycling (if applicable) - 0.5 0.5 0.5 0.5 - 2.0 11.022 1 3Commercial Bin Solid Waste - 2.0 1.0 2.0 2.0 2.0 1.0 10.0 10.5105 1 4Commercial Bin Organic Waste - 0.5 0.5 0.5 - 1.5 9.014 1 5Commercial Bin Recycling (if applicable) - 1.0 1.0 1.0 1.0 1.0 - 5.0 11.055 1 6Street Container Pickup - 1.0 1.0 1.0 1.0 1.0 5.0 2.010 1 7 Other: ___[specify]______- -
8 Other: ___[specify]______- -
Total- 5.5 3.0 5.5 4.5 5.5 1.0 25.0 220 (1) For example: 8, 9, or 10 hours per day.
(2) Total Route Days/Week multiplied by Hours Per Route per Day. (3) 1 or 2 persons.

CITY OF MONTEREY PARK
9 Failure to complete and submit this form will deem the proposer's franchise proposal non-responsive.

PROJECTED ROUTES AND ROUTE HOURS

COMMERCIAL COLLECTION SERVICES
Athens Services
RowRoute Type
Routes Per DayTotal Route
Days/Week
Hours per
Route Per
Day (1)
Total Route
Hours Per
Week (2)
Crew Size
Per Truck
(3)
January 17, 2024 4 - 2City of Monterey Park

Page 70 of 242 ends

54 Attachment 4
Proposing Company:

Recycling OrganicsTotal
Diverted
1Commercial Solid Waste7,238 1,332 1,332 18% 2 Commercial Organic Waste2,487 2,363 2,363 95% 3Commercial Recycling (if applicable)1,694 1,219 1,219 72% 4 Street Container Pickup678 125 125 18% 5 Total12,097 2,676 2,363 5,039 42%

CITY OF MONTEREY PARK
Failure to complete and submit this form will deem the proposer's franchise proposal non-responsive.

COMMERCIAL COLLECTION SERVICES

TONNAGE DIVERSION PLAN
Athens Services
Instructions: Fill in blue, bolded boxes. Confirm automatic calculations. Proposers must demonstrate how they will reach the required diversion rate for franchisee-collected waste per Section 8.01.B of the Draft Commercial Agreement.

RowWaste Stream
Annual Tons
Collected (from
Att. 4-1, row 16)
Annual Tons DivertedTons
Diverted as %
of Tons
Collected
January 17, 2024 4 - 3City of Monterey Park

Page 71 of 242 ends

55 Attachment 4
Proposing Company:

Instructions: Fill in blue boxes.

Row Proposed Facility Type Facility Name
Address:

Operator:

SWIS Number:

Facility Type:

Material Type(s):

Address:

Operator:

SWIS Number:

Facility Type:

Material Type(s):

Address:
2390 North Alder Avenue, Rialto, CA 92377
Operator: County of San Bernardino
SWIS Number: 36-AA-0055
Facility Type: Landfill
Material Type(s):
(If Applicable) Transfer Facility:

Address:

Operator:

SWIS Number:

Facility Type:

Material Type(s):
(If Applicable) Transfer Facility:

Address:
9147 De Garmo Avenue, Sun Valley, CA 91352
Operator: Arakelian Enterprises, Inc.

SWIS Number: 19-AR-0303
Facility Type: Transfer and Processing
Material Type(s):
(If Applicable) Transfer Facility:

Address:

Operator:

SWIS Number:

Facility Type:

Material Type(s):
(If Applicable) Transfer Facility:

Address:
14048 Valley Blvd, Industry, CA 91746
Operator: Athens Services
SWIS Number: 19-AA-0863
Facility Type: Transfer and Processing
Material Type(s):
(If Applicable) Transfer Facility:
20055 Shay Rd., Victorville, CA, 92392Address:

American Organics RecyclingOperator:
36-AA-0403SWIS Number:

Composting FacilityFacility Type:

Material Type(s):
2808 S. Workman Mill Road, Whitter, Whittier, CA 90601
(If Applicable) Transfer Facility:

Athens Services
Address:
19-AA-1043
Operator:

Transfer and Processing
SWIS Number:

Facility Type:

Material Type(s):
(If Applicable) Transfer Facility:

Address:

Operator:

SWIS Number:

Facility Type:

Material Type(s):
(If Applicable) Transfer Facility:

CITY OF MONTEREY PARK

PROPOSED FACILITIES LIST
Athens Services
Required Facility Information
1 Transfer Facility
2 Transfer Facility
3 Disposal Facility Mid-Valley Landfill
4 Disposal Facility
5 C&D Facility Crown Recycling Services
6 C&D Facility
7 Organic Materials
Processing Facility Athens Services - Industry MRF
8 Organic Materials
Processing Facility
9 Recyclable Materials
Processing Facility
10 Recyclable Materials
Processing Facility
January 17, 2024 4 - 4 City of Monterey Park
14048 Valley Blvd, Industry, CA 91746
Athens Services
19-AA-0863
Transfer and ProcessingAthens Services - Industry MRF
MSW
Industry MRF
MSW, Recycle, Organics
Victor Valley Regional
Composting
Puente Hills Materials
Recovery Facility
Organics
Organics
Recycle
C&D, MSW, Inerts
Industry MRF

Page 72 of 242 ends

56 Attachment 4
Proposing Company:

Instructions: Fill in blue boxes.

Row Proposed Facility Type Facility Name

CITY OF MONTEREY PARK

PROPOSED FACILITIES LIST
Athens Services
Required Facility Information

Address:

Operator:

SWIS Number:

Facility Type:

Material Type(s):
(If Applicable) Transfer Facility:

Address:

Operator:

SWIS Number:

Facility Type:

Material Type(s):
(If Applicable) Transfer Facility:

Address:

Operator:

SWIS Number:

Facility Type:

Material Type(s):
(If Applicable) Transfer Facility:

Address:

Operator:

SWIS Number:

Facility Type:

Material Type(s):
(If Applicable) Transfer Facility:
11 Reusable Materials
Processing Facility
Failure to complete and submit this form will deem the proposer's franchise proposal non-responsive. 12 Reusable Materials
Processing Facility
14 Other: ___[specify]______
13 High Diversion Organic Waste Processing
Facility
January 17, 2024 4 - 4 City of Monterey Park

Page 73 of 242 ends

57 ATTACHMENT 1 | EXCEPTIONS AND ACKNOWLEDGEMENT OF TERMS AND CONDITIONS Monterey Park Residential/Commercial Draft Contracts:

Exceptions List (February 14, 2024)

Resi.

Sec(s).

Com.

Sec(s).

Title Summary Exception / Proposed Change

-1-

2.05 2.05 Agreement or
Franchise
Agreement
The definition of Agreement incorporates Franchisee’s
Request for Applications (“RFA”) response into the
Agreement.

Add “In the event of any conflict with this written agreement and the Statement of Qualifications and Application
submitted by Franchisee, this agreement shall apply.”

2.07; 2.08-

2.14 2.07; 2.08-

2.14 Approved
Disposal
Facility(ies)
Franchisee may select facilities, but Approved Disposal Facility(ies)must be “approved by City.”

Delete “and approved by the City” to the definition of
Approved Disposal Facility(ies).
1 2.27 2.31 Compostable
Food Waste
“Compostable Food Waste” means “fruits, meats, seafood, bones, beans, bread, eggshells, napkins, paper plates, coffee grounds, vegetables, poultry, shellfish, rice, pasta, cheese, Food Soiled Paper, paper towels, tea bags, and other similar items.”
Add at the end of the definition “unless the foregoing is not permitted as Compostable Food Waste at Approved Organic Materials Processing Facility(ies).”

2.37 2.42 Diversion;
Diverted from
Disposal (or
any variation
thereof)
The definition Diversion includes “A broad concept that is to be inclusive of material Handling and processing
changes that may occur over the Term, including, without limitation, changes in standard industry practice or
implementation of innovative (but not necessarily fully proven) techniques or technology that reduce Disposal risk, decrease costs, and/or other reasons deemed desirable by City,” which is a statement, not a definition.

Delete.

2.39 2.44 Environmental
Law
The definition of Environmental Law “means all federal
and state statutes and county and City ordinances
concerning public health, safety, and the environment
including, by way of example and not limitation [over a dozen laws cited in the Agreement].”
Delete “by way of example and not limitation” from
definition of Environmental Laws.

2.48 2.53 Gross Revenues Gross Revenues excludes “revenues received by Franchisee from the sale of Recyclables and any payments received
from the State of California for Collecting or processing CRV materials.”
Revise to refer to “revenues received by Franchisee from the sale of Recyclables or Organic materials and end-products, any payments received from the State of California for
Collecting, or processing CRV materials.”

1 Note: The phrase “approved by City” is not included in the definitions of Approved Facilities; Approved Recyclable Materials Processing Facility; Approved Organic Materials Processing Facility; Approved Transfer Facility; and/or Approved Reusable Materials Processing Facility.

Page 74 of 242 ends

58 Monterey Park Residential/Commercial Draft Contracts:

Exceptions List (February 14, 2024)

Resi.

Sec(s).

Com.

Sec(s).

Title Summary Exception / Proposed Change

-2-

3.01 N/A Grant of
Franchise;
Grant

The Residential Agreement states in relevant part, “City grants Franchisee an exclusive license to make and enter into independent arrangements with Residential Units in the City in the area covered by the Franchise . . . .”
Revise as follows: “City grants Franchisee an exclusive license to service Residential Units in the City in the area covered by the Franchise . . . .

Note: This exception only applies to Residential Agreement.

3.03 3.03 Grant of
Franchise;
Grant
The Agreement states “Franchisee waives any right it may have to challenge the terms of this Agreement under
federal, state, or local law, or administrative regulation.” Delete.

6.01(A) 6.01(A) Liability;
Indemnification

The Agreement states “Franchisee, upon demand of City,
made by and through City, must defend (with counsel
reasonably acceptable to City), indemnify and hold
harmless City, its elected officials, officers, employees, volunteers, and agents from and against any and all losses, liabilities, fines, penalties, claims, damages, liabilities, or judgments, including City’s or any prevailing party other than City, attorneys’ fees and costs, (collectively, “Claims”) arising out of or resulting in any way from the awarding or execution of or Franchisee’s exercise of the Franchise
granted by this Agreement, including Franchisee’s
performance under this Agreement, unless such Claim is
due to the sole negligence or willful acts of City, its elected officials, officers, employees, agents, or contractors. The duty of Franchisee to defend, indemnify, and hold City
harmless pursuant to this Section includes, without
limitation, the following . . . .”
Add a new Sec. 6.05(D) as follows: “Notwithstanding other provisions of this Agreement to the contrary, Franchisee’s obligation to indemnify, hold harmless and defend City, its elected officials, officers, employees, volunteers, and agents will not extend to any Claims to the extent arising or
resulting from acts or omissions constituting active
negligence, willful misconduct, material breach of this Agreement, or violation of law on the part of City, its elected officials, officers, employees, volunteers, and agents, or third parties.”

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6.01(A)(1) 6.01(A)(1) Liability;
Indemnification

The Agreement requires Franchisee to indemnify any
claims “by government agencies or other third parties,
whether judicial, administrative, or otherwise, including, without limitation Claims over the definitions of ‘Discarded Materials’ or ‘Solid Waste’ or ‘Recyclable Material’ or ‘Organic Materials’ or the limits of City’s authority with respect to the grant of licenses, or Agreements (including this Agreement), exclusive or otherwise, asserting Claims under the Dormant Commerce Clause, anti-tug laws, or any other federal or state law, including, without limitation, Proposition 218.”
Delete.
2 6.01(A)(2)
-(3)

6.01(A)(2)
-(3)
Liability;
Indemnification

The Agreement addresses in relevant part “Claims arising from or attributable to any repair, cleanup or detoxification, or preparation and implementation of any removal,
remedial, response, closure, or other plan (regardless of whether undertaken due to governmental action)
concerning any Hazardous Waste in any Discarded
Materials . . . .”
Revise as follows: “Claims arising from or attributable to any removal or response action concerning any Hazardous Waste in any Discarded Materials . . . .”
Note: Secs. 6.01(A)(2) and (3) are duplicative.

6.01(A)(6) 6.01(A)(6) Liability;
Indemnification
The Agreement states “Franchisee’s duty to defend and
indemnify herein includes all fines and/or penalties
imposed by CalRecycle, if the requirements of AB 939, AB 341, AB 1826, and/or SB 1383 are not met by Franchisee
with respect to Franchisee’s obligations under this
Agreement, and such failure is: (i) due to the failure of Franchisee to meet its obligations under this Agreement; or, (ii) due to Franchisee’s delay in providing information that prevents Franchisee or County from submitting reports to regulators in a timely manner.”
See exception at Sec. 6.01(A).

2 See Pub. Res. Code 40059.2 states in part, “An indemnity obligation . . . that purports to obligate a solid waste enterprise to indemnify a local agency against liability for claims by a third party for failure to obtain voter or property owner approval of a fee, levy, charge, assessment, or other exaction in violation of [Prop. 218] is not enforceable to the extent the claims arise out of, pertain to, or relate to the liability of the local agency.” However, the Public Resources Code is limited to claims relating to the failure to obtain voter or property owner approval of a fee, levy, charge, assessment” and the indemnification in the Agreement is broader.

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8.01 N/A Diversion
Standards

The Agreement states “This Agreement is part of City’s
efforts to comply with the provisions of the California Integrated Waste Management Act of 1989, (AB 939), AB
341, AB 1826, and SB 1383, as such from time to time may be amended and as implemented by the regulations of the California Department of Resources Recycling and
Recovery (“Regulations”), as they from time to time may be amended, and City’s Source Reduction and Recycling
Element, as such may be amended from time to time.

Franchisee must comply with both performance standards
identified in Sections 8.01.A and 8.01.B with respect to the services provided under this Agreement.”
Add a new Sec. 8.05 as follows: “Notwithstanding other
provisions of this Agreement to the contrary, Franchisee’s obligations in this Article 8 will not extend to any loss, cost, liability, fine, penalty, damage, action, suit, duty, obligation, requirement, nonperformance, or noncompliance relating to, arising or resulting from, acts or omissions not within the control of Franchisee; constituting the negligence, willful misconduct, material breach of this Agreement, or violation of law on the part of City, its officers or employees; or as limited by Public Resources Code Section 40059.1.”

8.04 8.04 Diversion
Standards
The Agreement states “When requested by City, Franchisee must furnish City with full access to its transfer, processing, composting, maintenance, and Disposal facilities for
purposes of determining compliance with requirements of this Agreement.”
Revise as follows: “When requested by City, Franchisee
must furnish City with reasonable access to its transfer, processing, composting, maintenance, and Disposal facilities owned or controlled by Franchisee for purposes of
determining compliance with requirements of this
Agreement.”

9.01 9.01 Types and
Frequency of
Service; Public
Health and
Safety
The Agreement states Franchisee “In order to protect the public health and safety, arrangements made by Franchisee with its Residential Units Customers within City’s
jurisdiction for the Collection of Residential Discarded Materials, must provide for the Collection (using Fully Automated Collection wherever possible and using Semi-
Automated Collection where Fully Automated Collection is not possible) of such waste generated or accumulated by Residential Units within the City as needed but at least once per week.”
Note: See also Sec. 11.02 (similar requirement).

Revise as follows: “In order to protect the public health and safety, Franchisee must provide for the Collection (using Fully Automated Collection wherever possible and using
Semi-Automated Collection where Fully Automated
Collection is not possible, as determined by Franchisee) of such waste generated or accumulated by Residential Units within the City as needed but at least once per week.”
Note: Athens proposes the same exception for the
commercial franchise, but the reference to “Residential Units” should be replaced with “Commercial Premises and City Facilities.”

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9.01(A) 9.01(A) Types and
Frequency of
Service;
Dedicated
Routes
The Agreement states “Notwithstanding the foregoing, if Franchisee utilizes a methodology satisfactory to the
Administrator and CalRecycle to account for one or more types of Discarded Materials Collected within City.”
Note: See also Sec. 28.01 (“Franchisee is prohibited from commingling waste Collected from within City’s limits
with other wastes such as that from the unincorporated area or other cities”).

Revise as follows: “Notwithstanding the foregoing, if
Franchisee utilizes a methodology reasonable satisfactory to the Administrator and CalRecycle to account for one or
more types of Discarded Materials Collected within City, Franchisee may commingle Discarded Materials Collected
within City with Discarded Materials Collected in other cities.”
Note: Sec. 28.01 should also be revised “Except as provided in Sec. 9.01(A), Franchisee is prohibited from commingling waste Collected from within City’s limits with other wastes such as that from the unincorporated area or other cities”

9.02(A) N/A Co-collection of
Solid Waste
and
Recyclables
The Agreement states “Multi-Family Customers receiving
Bin service must receive Recycling services based on Co- collection of Solid Waste and Recyclable Materials, or
separate Collection of Recyclable Materials.”
Revise as follows: “Multi-Family Customers receiving Bin service must receive Recycling services based on Co-
collection of Solid Waste and Recyclable Materials, and/or separate Collection of Recyclable Materials.

Notwithstanding the foregoing, the default service provided to Multi-Family Customers receiving Bin service shall
include a “bundle” of one 96-gallon Container for
Recyclable Materials and one 64-gallon Container for
Organic Waste. In the event a Customer requests or requires an increase in the default service level, Franchisee may charge the then-highest rate for applicable Cart or Bins Extra Service permitted in accordance with the City’s Commercial franchise(s).”

9.02(B),
(C)

9.02(B),
(C)
Co-collection of
Solid Waste
and
Recyclables
The Agreement states “Franchisee agrees to provide new
Fully Automated Collection Mixed Waste Carts or cleaned and newly painted Mixed Waste Bins, as applicable, to all . . . by August 31, 2024, and to new Customers upon
commencement of service.”
Revise as follows “Franchisee agrees to undertake
commercially reasonable efforts to provide new Fully
Automated Collection Mixed Waste Carts or cleaned and
newly painted Mixed Waste Bins, as applicable, to all . . . by August 31, 2024, and to new Customers upon
commencement of service.”

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9.04 9.04 Organic
Materials
Collection
The Agreement states “Franchisee agrees to provide new
Fully Automated Collection Organics Carts or Organics
Bins that are cleaned and newly painted to all Customers by August 31, 2024, and to new Customers upon
commencement of service.”
Revise as follows: “Franchisee agrees to undertake
commercially reasonable efforts to provide new Fully
Automated Collection Organics Carts or Organics Bins that are cleaned and newly painted to all Customers by August 31, 2024, and to new Customers upon commencement of
service.”
N/A 9.04; 9.05 Organic
Materials
Collection;
Recyclable
Material
Collection
The Agreement does not sufficiently address default service levels for customers receiving source separated Recyclables and Organic Waste services.

Add a new Sec. 9.__ (to be numbered by City) providing as follows: “Notwithstanding any provision in this Agreement to the contrary, Commercial customers receiving Container service for Recyclable Materials and Organic Waste shall receive a default “bundle” of one 96-gallon Container for Recyclable Materials and one 64-gallon Container for
Organic Waste. In the event a Customer requests or requires an increase in the default service level, Franchisee may charge the then-highest rate for applicable Cart or Bins Extra Service permitted in accordance with the City’s Commercial franchise(s).”
N/A 9.06 Collection of
Street
Containers
The Agreement states “If requested by City, Franchisee
must provide manual Collection . . . to 150 street containers owned by and located throughout the City. Any changes to the . . . addition of Street Containers must be approved by the Administrator. The maximum charge for such service is at the rates as set forth in Exhibit 2 plus any fees assessed by the City.”
Add “Notwithstanding any provision in this Agreement to the contrary, in the event state or federal prevailing wage is deemed to apply to the services provided pursuant to the Agreement, such determination shall constitute an
extraordinary change subject to Section 18.01 of the
Agreement.”

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9.12 9.12 Franchisee
Warranty of
Recovered
Organic Waste
Products
The Agreement states “Franchisee must provide assurance through the execution of a liability waiver stating that all organic waste products provided by the Franchisee and
used within the City are free from pathogens and inorganic waste material that may be harmful to the health and
welfare of City and meet or exceed the physical
contamination, maximum metal concentration, and
pathogen density standards for land application specified in 14 Cal. Code of Regs. Section 17852(a)(24.5)(A)(1)
through (3). The Franchisee must indemnify and hold
harmless City against any claims arising from contaminated recovered organic waste products provided by the
Franchisee as set forth in this Section.”
Revise as follows: “Franchisee must certify that all organic waste products provided by the Franchisee and used within the City comply with 14 Cal. Code of Regs. Section
17852(a)(24.5)(A)(1) through (3).”

9.15 9.15 Untitled The Agreement states “The work to be performed by Franchisee will be performed in a thorough and
professional manner so that customers within City are
provided with reliable, courteous, and high-quality
Discarded Materials Collection services at all times during the Term of this Agreement.”
Revise as follows: “The work to be performed by Franchisee will be performed in accordance with industry practice of like solid waste collection companies in similarly situated local jurisdictions.”

9.16 N/A Bulky Items
Pick-Up
The Agreement states “Franchisee must provide unlimited, weekly curbside Bulky Items pick-ups for Residential Units at no additional expense to such Customer or the City.” Add “Notwithstanding the foregoing, if the monthly average of curbside Bulky Items pick-ups for Residential Units
exceeds the average of the prior three (3) month period, Franchisee may offset from fees otherwise due to City the amount equal to the then-highest Bulky Item Collection rate, on a per item basis, as assessable in accordance with the City’s Commercial franchise(s).”

10.09 10.09 Change in
Collection
Schedule
The Agreement states “Any changes in the route map or
Collection schedule require the prior approval of the City Manager, or designee.”
Revise as follows: “Any changes in the route map or
Collection schedule require the prior approval of the City Manager, or designee, which shall not be unreasonably
conditioned, delayed, or denied.”

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10.12(A) 10.12(A) Use of
Approved
Facilities
The Agreement states “Subject to events of Force Majeure or uncontrollable circumstances, use of a facility that is not included in Exhibit 14 must be approved, in writing, by City before use consistent with the requirements of Article

9.”
Revise as follows: “Subject to events of Force Majeure or uncontrollable circumstances, use of a facility that is not included in Exhibit 14 must be approved, in writing, by the Administrator before use consistent with the requirements of Article 9. Administrator approval shall not be unreasonably conditioned, delayed, or denied.”

10.17 10.17 Change in Size
or Number of
Containers
The Agreement states “By written or telephonic request
Customers may request to exchange Recycling Containers
without charge for different sizes, add extra Containers or reduce the number of their Containers.”
Revise as follows: “By written or telephonic request
Customers may request to exchange Recycling Containers
for different sizes, add extra Containers or reduce the number of their Containers in accordance with Section

9.02(A). Franchisee shall review and grant or deny such requests, subject to the disapproval of City.

13.01(E) 13.01(E) Service
Exceptions;
Waivers
The Agreement states “In addition, upon written direction from the Administrator, Franchisee must modify or
otherwise cease providing Collection services to Customers requesting other service exemptions, provided that such Customers consistently demonstrate the ability to
responsibly manage Discarded Materials generated at the Premises in question, in a manner consistent with
Applicable Law.”
Revise as follows: “In addition, upon written direction from the Administrator, Franchisee must modify or otherwise
cease providing Collection services to Customers requesting service exemptions permitted in accordance with Section

13.01(E)(1), provided that such Customers consistently
demonstrate the ability to responsibly manage Discarded Materials generated at the Premises in question, in a manner consistent with Applicable Law.”

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13.05 13.05 Assessment of
Special Pick-up
Fees
The Agreement states “For Multi-Family Bin Customers, if the Franchisee observes 20% or more, by volume, of
prohibited Container contaminants on more than three
occasions in a two-month rolling period and issued a
courtesy pick-up notice(s) on each of those occasions, the Franchisee may impose additional special pick-up fee(s) approved by Administrator for that Customer’s Service
Level.”
Revise as follows: “For Multi-Family Bin Customers, if the Franchisee observes Prohibited Container Contaminants in any Container on more than three occasions in a two-month rolling period and issued a courtesy pick-up notice(s) on each of those occasions, the Franchisee may impose
additional special pick-up fee(s) approved by Administrator for that Customer’s Service Level. “Prohibited Container Contaminants” means (i) Discarded Materials placed in the designated Recyclables Container that are not identified as acceptable source separated Recyclables for the City’s
designated Recyclables Container, (ii) Discarded Materials placed in the designated Organic Waste Container that are not identified as acceptable source separated Organic Waste for the City’s designated Organic Waste Container, and (iii) Discarded Materials placed in the refuse Container that are acceptable source separated Recyclables and/or source
separated Organic Wastes to be placed in City’s designated Organic Waste container and/or designated Recyclables
Container, if applicable.”

13.05 13.05 Assessment of
Special Pick-up
Fees
The Agreement states “The Franchisee must complete a
compliance review of all Multi-Family Customers with five or more units that generate two cubic yards or more per week of Discarded Materials.”
Revise as follows: “No later than December 31, 2024,
Franchisee must complete a compliance review of all Multi- Family Customers with five or more units that generate two cubic yards or more per week of Discarded Materials.”

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14.09 14.09 Customer
Services;
Liquidated
Damages

The Agreement states, “The parties agree that failure of Franchisee to timely provide the services set forth in this Article constitutes a default. The parties agree that this default will result in damage and injury to City. The parties further agree, however, that actual damages incurred by City as result of such default is difficult if not impossible to ascertain with any degree of certainty or accuracy.

Accordingly, the parties have negotiated and have agreed that for each calendar day after written notice is delivered to Franchisee and Franchisee fails to cure such default, that Franchisee will pay City, as and for liquidated damages, and not as a penalty, the sum of $500.”
Revise as follows: “The parties agree that failure of
Franchisee to timely provide the services set forth in this Article constitutes a violation of this Agreement. The parties agree that this violation will result in damage and injury to City. The parties further agree, however, that actual damages incurred by City as result of such violation is difficult if not impossible to ascertain with any degree of certainty or accuracy. Accordingly, the parties have negotiated and have agreed that for each calendar day after written notice is delivered to Franchisee and Franchisee fails to cure such violation, that Franchisee will pay City, as and for liquidated damages, and not as a penalty, the sum of $500. This amount shall supersede, and shall not be added to, events or
circumstances that may apply in connection with the
assessment of liquidated damages as specified in Exhibit 5 (Schedule of Liquidated Damages).”

15.01 15.01 Emergency
Service;
Possession of
Contractor
Equipment
The Agreement states “Should Franchisee, for any reason whatsoever, refuse or be unable for a period of more than 72 hours but less than 30 days, to Collect, transport, and Dispose of any or all the Solid Waste, Organic Materials, and/or Recyclables which it is obligated under this
Agreement to Collect, transport, and Dispose of, then in such event City has the right, upon 24 hour prior written notice to Franchisee, during the period of such non-
performance/emergency, to temporarily take possession of any or all equipment and facilities of Franchisee previously used in the Collection, transportation, and Disposal of Discarded Materials under this Agreement, and to use such equipment and facilities to Collect and transport any or all Discarded Materials which Franchisee would otherwise be obligated to Collect and transport pursuant to this
Agreement. Franchisee agrees that in such event it will fully cooperate with City to effect such a transfer of possession for City’s use.”
Delete. See Sec. 24.01(A) below.

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15.04 15.04 Emergency
Service
The Agreement states “Franchisee must assist City in the event of major disaster, such as an earthquake, storm, tidal wave (tsunami), riot or civil disturbance, or acts of
terrorism, by providing Collection vehicles and drivers normally assigned to City (to the extent reasonably possible under the circumstances), at Franchisee’s actual costs.” Revise as follows: “Franchisee must assist City in the event of major disaster, such as an earthquake, storm, tidal wave (tsunami), riot or civil disturbance, or acts of terrorism, by providing Collection vehicles and drivers normally assigned to City (to the extent reasonably possible under the
circumstances), at Franchisee’s then-existing service rates.”

17.01(A) 17.01(A) Rates The Agreement states “The rates for all Discarded Materials Collection, transportation, Recycling, and
Disposal services for Rate Year beginning September 1,
2024 and ending August 31, 2025, may not exceed those set forth in Exhibit 2 to this Agreement and include all costs necessary for Franchisee to accomplish its responsibilities under this Agreement, including without limitation AB 939 and SB 1383 compliance and meeting waste Diversion
requirements. Beginning with Rate Year 2 (September 1,
2025) and for all subsequent Rate Years, Franchisee must submit its request and annual rate adjustment calculation (increase or decrease) to the maximum rates in writing, to be received by City in person or via certified mail, by April 30 of the same year based on the method of adjustment
described in Section 17.01. Failure to submit a written request by April 30 results in Franchisee waiving the right to request such an increase for the subsequent year. If approved by City, future adjustments will be effective on September 1 of any Rate Year, beginning September 1,
2025.”
Revise as follows: “The rates for all Discarded Materials Collection, transportation, Recycling, and Disposal services for Rate Year beginning September 1, 2024 and ending
August 31, 2025, may not exceed those set forth in Exhibit 2 to this Agreement and include all costs necessary for
Franchisee to accomplish its responsibilities under this Agreement, including without limitation AB 939 and SB
1383 compliance and meeting waste Diversion requirements.

Beginning with Rate Year 2 (September 1, 2025) and for all subsequent Rate Years, Franchisee may adjust the maximum rates in accordance with Section 17.01(B). On or before May 1, 2025, and annually each May 1 thereafter during the term of this Agreement, Franchisee shall deliver to City
calculations of the annual adjustment of rates. No later than June 30, 2025, and annually thereafter each June 30 during the term of this Agreement, the City shall notify Franchisee of any disagreements in Franchisee ’s calculation of the affected service rates to take place on the subsequent
September 1.”

17.01(B) 17.02(B) Payment by
Franchisee to
City
The Agreement states “The Franchisee must pay to the City on a monthly basis, the Franchise Fees (“Franchise Fee”), AB 939 Fees, and other City fees to be set by the City. City should notify the Franchisee no later than August 1, 2024 regarding the among of these various fees.”
Revise as follows: “The Franchisee must pay to the City on a monthly basis, the Franchise Fees (“Franchise Fee”), AB 939 Fees, and other City fees to be set by the City. City should notify the Franchisee no later than August 1, 2024 regarding the among of these various fees. Franchisee may, at its discretion, adjust its then-existing maximum rates by an amount commensurate with the addition or modification of Franchise Fee, AB 939 Fees, and other City fees.”

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18.01 18.01 Future
Adjustments
The Agreement states “Franchisee must submit any and all data requested in the format prescribed by the City
Manager, or designee. The City Manager, or designee, may review the information submitted by Franchisee and, in the City Manager’s reasonable judgment, make the final
determination on the appropriate amount of the adjustment, if any. A requested adjustment cannot be denied in the case of changed or additional services requested by City,
additional reporting required by City, City’s designation of a Disposal Site or processing facility, any change in the MPMC affecting Franchisee’s operations, or changes in
state or local government Discarded Materials fees and
charges. Any such rate adjustment approved by the City
Manager becomes effective on September 1. An adverse
decision by the City Manager may be appealed to the City Council.”
Revise as follows: “Franchisee may apply to the City
Manager or designee for consideration of a special, interim rate review should an event or circumstance arise which results in an increase in the cost of operations by Franchisee.

An adverse decision by the City Manager may be appealed to the City Council. A final determination concerning an application for special, interim rate review will be
considered by the City Council within thirty (30) days of Franchisee’s request, unless extended by mutual agreement between the parties, and cannot be unreasonably denied
upon Franchisee’s demonstration that (i) an event or
circumstance occurred or will occur which is not reasonably foreseeable, including but not limited to a change in service levels, collection or Container frequency, or other deviation from the service-related information specified in the Request for Applications; (ii) an event or circumstance occurred or will occur which is beyond the control of Franchisee; (iii) it is necessary for Franchisee to make a change in its operation, or capital investment, in order to perform its obligations under this Agreement or to meet the requirements of
Applicable Law; or (iv) changes to Franchisee’s operations within the City are required due to a change in law; (v) changes to Franchisee’s operations within the City are
required due to a City-directed change (including but not limited to changed or additional services requested by City, additional reporting required by City, City’s designation of a Disposal Site or processing facility, any change in the MPMC affecting Franchisee’s operations, or changes in state or local government Discarded Materials fees and charges).”

20.06(D) 20.06(D) Accounting
Records
The Agreement states “Franchisee must locally maintain
current, accurate and complete financial records on the accrual basis of accounting relating to Agreement
operations, including original ledgers, journals, accounts, and records in which are recorded entries reflecting its activities hereunder, as well as supporting documents such as bank statements, cancelled checks, bank account
reconciliations, tax returns, contracts, employee files, time records, invoices, and receipts.”
Revise as follows: “Franchisee must maintain annual
financial statements for the local operations directly relating to the Agreement. Statements need not be reviewed or
audited statements. Such records and derivatives thereof shall be treated as confidential and proprietary and not disclosable under the California Public Records Act.”

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20.06(E) 20.06(E) Access to
Records
The Agreement states “Notwithstanding anything to the
contrary herein, City may, at Franchisee’s cost and expense (including compensation paid to City employees or City
consultants) during normal business hours, and upon
reasonable notice, inspect all financial records pertaining to any City contract related account and any other records of Franchisee reasonably and directly necessary for City
administration of its right of review, approval, or
enforcement by this Agreement.”
Revise as follows: “Notwithstanding anything to the
contrary herein, City may, during normal business hours, and upon reasonable notice, inspect all annual financial statements for the local operations directly relating to the Agreement and any other records of Franchisee reasonably and directly necessary for City administration of its right of review, approval, or enforcement by this Agreement.”

20.10 20.10 Changes in the
Act, RCRA,
CERCLA and
Related Laws
The Agreement states “Should the Act or other state or
federal laws or regulations enacted or amended after this Agreement is executed, prevent or preclude compliance
with one or more provisions of this Agreement, or
significantly increase Franchisee’s costs, such provisions of this Agreement will be modified or suspended as may be
necessary to comply with such state or federal laws or
regulations. Should an amendment to the laws have the
effect of eliminating or reducing the need for a service provided for in this Agreement and City informs Franchisee that City seeks to discontinue the service, City and
Franchisee will negotiate a reduction in rates.”
Revise as follows: “Should the Act or other state or federal laws or regulations enacted or amended after this Agreement is executed, prevent or preclude compliance with one or more provisions of this Agreement, or significantly increase Franchisee’s costs, Section 18.01 of the Agreement shall apply. Should (i) an amendment to the laws have the effect of eliminating or reducing the need for a service provided for in this Agreement, (ii) such elimination or reduction
significantly decreases Franchisee’s costs, and (iii) City informs Franchisee that City seeks to discontinue the service, City and Franchisee will negotiate a reduction in rates.”

20.10 20.10 Changes in the
Act, RCRA,
CERCLA and
Related Laws
The Agreement states “In the case of changes in
Environmental Laws, which increase the cost of
Franchisee’s service, Franchisee may seek a rate increase to offset the costs directly attributable to the amended or newly enacted provision of law or regulations, specifying, in writing, the law to which the additional costs are
attributed, and how they would result in increased costs.” Revise as follows: “In the case of changes in Environmental Laws, which increase the cost of Franchisee’s service,
Franchisee may seek a rate increase to offset the costs directly attributable to the amended or newly enacted
provision of law or regulations, in accordance with Section

18.01 of the Agreement.”

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23.03 23.03 Imposition of
Damages;
Termination
The Agreement states “Based on the evidence presented at the hearing and the report of the Administrator, the City Council will determine by written resolution whether the decision or order of the Administrator should be upheld. If, based upon the record, the City Council determines that the performance of Franchisee is in breach of any material term of this Agreement or any material provision of any
applicable federal, state, or local statute or regulation, the City Council in its sole discretion, may order Franchisee to take remedial actions to cure the breach, terminate
forthwith the Agreement, or impose liquidated damages, as defined below. The decision of the City Council is final and conclusive. Franchisee’s performance under the Agreement is not excused during the period of time before the City Council’s final determination as to whether such
performance is deficient. Franchisee may appeal the City Council’s final decision within 90 days to a court of
competent jurisdiction in accordance with Code of Civil Procedure § 1094.6. City is not required to provide
Franchisee with any additional notice regarding its appeal rights other than as set forth in this Agreement.”
Revise as follows: “Based on the evidence presented at the hearing and the report of the Administrator, the City Council will determine by written resolution whether the decision or order of the Administrator should be upheld. Franchisee may challenge the determination of the City Council. Any such determination may be appealed in accordance with Section

30.13.”

23.05(D) 23.05(D) Imposition of
Damages;
Termination
The Agreement gives the City a right to terminate “If
Franchisee fails to provide or maintain in full force and effect the workers’ compensation, liability and
indemnification coverages, or cash bond as required by the Agreement.”
Revise as follows: “If Franchisee fails to provide or maintain in full force and effect the workers’ compensation, liability and indemnification coverages, or cash bond as required by the Agreement and such failure is not cured by the
reinstatement of insurance or bonding, or similar corrective action, within ten (10) days of notice from City.”

23.06 23.06 Imposition of
Damages;
Termination
The Agreement states “Any other act or omission by
Franchisee which materially violates the terms, conditions, or requirements of the Agreement and which is not
corrected or remedied within the time set in the written notice of the violation or, if Franchisee cannot reasonably correct or remedy the breach within the time set forth in such notice, if Franchisee should fail to commence to
correct or remedy such violation within the time set forth in such notice and diligently effect such correction or remedy thereafter.”
Revise as follows: “City may also terminate the Agreement in the event of any other act or omission by Franchisee which materially violates the terms, conditions, or
requirements of the Agreement and which is not corrected or remedied within thirty (30) days or longer if set in the written notice of the violation or, if Franchisee cannot reasonably correct or remedy the breach within such time, such time as it may take for Franchisee to diligently effect such correction or remedy thereafter.”

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71 Monterey Park Residential/Commercial Draft Contracts:

Exceptions List (February 14, 2024)

Resi.

Sec(s).

Com.

Sec(s).

Title Summary Exception / Proposed Change

-15-

24.01(A) 24.01(A) City’s
Additional
Remedies
The Agreement states “In the event the Franchisee fails to provide the services required to be performed hereunder for 30 days or more, City may, at no charge to City, use
equipment from Franchisee for the purpose of collecting, transporting, and Disposing of Discarded Materials which Franchisee is obligated to Collect, transport, and Dispose of pursuant to this Agreement, for a period not to exceed nine months.”
Revise as follows: “In the event the Franchisee fails to provide the services required to be performed hereunder for 30 days or more, City may seek from Franchisee the actual cost of procuring equipment for the purpose of collecting, transporting, and Disposing of Discarded Materials which Franchisee is obligated to Collect, transport, and Dispose of pursuant to this Agreement, for a period not to exceed nine months or until a replacement service provider is selected by the City, whichever is sooner.”

24.02 24.02 City’s Damages
for Failure to
Achieve
Diversion
Goals
The Agreement states “If CalRecycle were to impose
administrative civil penalties against City, then City’s damages for Franchisee’s material breach in its failure to achieve the Diversion goals for City within its Franchise Area as required by this Agreement, would include, without limitation, such administrative civil penalties, attorneys’ costs and fees, and City’s staff time devoted to the
resolution of the administrative civil penalties against City.

Franchisee acknowledges that the matters addressed in this Section are damages which would result in the event of a material breach by Franchisee, and not an indemnification, and therefore are not governed by Public Resources Code § 40059.1.”
Delete. Add liquidated damages, to be negotiated between the parties, in the event of a Franchisee’s material breach in its failure to achieve the Diversion goals.

28.15 28.15 Change in
Franchise
Scope
The Agreement states “If future judicial interpretations of current law or new laws, regulations, or judicial
interpretations limit the ability of the City to lawfully contract for the scope of services in the manner and
consistent with all provisions as specifically set forth herein, Franchisee agrees that the scope of the Agreement will be limited to those services and materials which may be lawfully included herein and that City is not responsible for any lost profits or losses claimed by Franchisee to arise out of limitations to the scope or provisions of the
Agreement set forth herein.”
Revise as follows: “If future judicial interpretations of current law or new laws, regulations, or judicial
interpretations limit the ability of the City to lawfully contract for the scope of services in the manner and
consistent with all provisions as specifically set forth herein, Franchisee agrees that the scope of the Agreement will be limited to those services and materials and Section 18.01 shall apply.”

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72 Monterey Park Residential/Commercial Draft Contracts:

Exceptions List (February 14, 2024)

Resi.

Sec(s).

Com.

Sec(s).

Title Summary Exception / Proposed Change

-16-

30.01 30.01 Untitled; Prop.
218
The Agreement states “The fees imposed pursuant to
Exhibit 2 plus the AB 939 and Franchise Fees are subject to Proposition 218. City currently has the authority under a Proposition 218 procedure that it previously undertook to charge no more than the amounts set forth on Exhibit 8. To the extent the fees proposed by Franchisee plus the AB 939 and Franchise Fees and other City fees will exceed this amount either before commencement of this Franchisee or during the Term of this Agreement, the City will undertake a Proposition 218 process to determine whether the
Franchisee will be allowed to charge its proposed rates.

Even if Customers do not have a majority protest of the proposed fees as part of the Proposition 218 process, the City Council cannot and does not warrant or represent that it will approve the proposed fees. Should proposed fees exceed what Proposition 218 allows, and a new Proposition 218 process does not allow for the imposition of the
proposed fees, Franchisee may either (i) continue to provide services at the highest rate allowed by Proposition 218; or (ii) give the City nine months’ notice of intention to
terminate this Franchise and charge the highest rate allowed by Proposition 218 until the Franchise is terminated.

Franchisee agrees to pay for all of City’s costs and fees incurred for administering a Proposition 218 process.”
Revise as follows: “At the City’s election, and without admitting the applicability of Proposition 218 to this
Agreement, City may conduct the hearings with respect to the approval or adjustment of the maximum rate schedule in accordance with Proposition 218. City acknowledges that the intent of hearings is to comply with Proposition 218 if deemed applicable, and not for the City to revoke, amend, nullify, or void any previously approved adjustment of a maximum rate schedule. In the event City is unable, by
operation of applicable state or federal law, or a valid majority protest pursuant to Proposition 218, to approve or implement any rate increase due to Franchisee under this Agreement, in whole or in part (“Invalidation Event”), City must provide notice of an Invalidation Event. No later than thirty (30) days of the Invalidation Event, City and
Franchisee shall meet and confer to discuss a revised rate adjustment that may be acceptable; corresponding reductions in programs, services, or fees and payments otherwise due to City to compensate Franchisee for the total amount due to Franchisee that would have been recovered but for denial or prohibition of a rate adjustment relating to the same; and/or City paying to keep identified services and programs that may be removed or reduced. If City and Franchisee do not reach an agreement within ninety (90) days of the
Invalidation Event, or as extended by mutual agreement of the Parties, Franchisee may terminate the Agreement without cause or penalty, provided that Franchisee provides at least one-hundred eighty (180) days’ prior written notice of
termination and, during such period, cooperates with City to transition services to City or its designee. Franchisee’s rights hereunder are in addition to any other rights of Franchisee upon the invalidation of rates that would otherwise be due to Franchisee.”

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Exceptions List (February 14, 2024)

Resi.

Sec(s).

Com.

Sec(s).

Title Summary Exception / Proposed Change

-17-

30.01 30.01 Untitled;
Reimbursement
of Consultant
Costs
The Agreement states “Upon submission of this Agreement to City for approval, Franchisee must reimburse City for expenses, including staff time, consultants’ and attorneys’ fees, and expenses associated with granting this Agreement.

The reimbursement for this Agreement is $200,000.

Should
City Council fail to approve this Agreement, the funds
submitted to City by Franchisee will be returned by City to Franchisee within 30 days after City Council denial.”
Revise as follows: “No later than five (5) days following the start of service, Franchisee must reimburse City for
expenses, including staff time, consultants’ and attorneys’ fees, and expenses associated with granting this Agreement.

The reimbursement for this Agreement is $200,000.”
N/A N/A N/A The Agreement does not include dispute resolution provisions.

Add a new Sec. 30.13 as follows: “Except as otherwise
provided in this Agreement, any controversy, dispute, or claim arising out of, or related in any way to this Agreement, shall be subject to binding arbitration before a neutral arbitrator in accordance with Title 9 or Part 3 of the
California Code of Civil Procedure (commencing with
Section 1280). Judgment upon any award or determination rendered by said arbitrator may be entered in any court having jurisdiction thereof. The arbitrator shall determine whether one or both parties shall pay the arbitrator’s fees and costs associated with any discovery.”

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74 ATTACHMENT 2 | BOARD RESOLUTION

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75 ATTACHMENT 2 | BOARD RESOLUTION

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Staff Report
March 26, 2024

ATTACHMENT 2
Ware Disposal Residential and
Commercial Proposals

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City Council Staff Report
TO:

FROM:

The Honorable Mayor and City Council
SUBJECT: Minutes
RECOMMENDATION:

It is recommended that the City Council consider:

1. Approving the minutes from the regular meeting of December 20, 2023;; and

2. Taking such additional, r
elated, action that may be desirable.

EXECUTIVE SUMMARY:

None.

BACKGROUND:

None.

FISCAL IMPACT:

None.

Respectf
ull
y submitted
, Prepared by:

Maychelle Yee
City Clerk
Helena Cho
Assistant Deputy City Clerk
Approved By:

Inez Alvarez
City Manager
ATTACHMENT(S):

1. Draft Minutes
Maychelle Yee, City Clerk
DATE: March 26, 2024
AGENDA ITEM NO: Consent Calendar - 3A

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Staff Report
March 26, 2024
ATTACHMENT 1
Draft Minutes

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

MINUTES

MONTEREY PARK CITY COUNCIL

FINANCING AUTHORITY (MPFA)

HOUSING AUTHORITY (MPHA)

GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD)

SUCCESSOR AGENCY (SA)

REGULAR MEETING
DECEMBER 20, 2023

The City Council, the Financing Authority (MPFA), the Housing Authority (MPHA), the Geologic Hazard Abatement District (GHAD), and the Successor Agency (SA) of the City of Monterey Park held a Regular Meeting of the Council in the Council Chamber, located at 320 West Newmark Avenue in the City of Monterey Park, Wednesday, December 20, 2023, at 6:30 p.m.

CALL TO ORDER:

Mayor Sanchez called the meeting to order at 6:31 p.m.

FLAG SALUTE:

The Monterey Park Police Explorers led the flag salute. Pledge of Allegiance presented by Civic Superstar Evangeline Yee.

ROLL CALL:

City Clerk Maychelle Yee called the roll:

Council Members Present: Henry Lo, Vinh Ngo, Jose Sanchez, Thomas Wong, Yvonne Yiu
Council Members Absent: None

ALSO PRESENT: City Treasurer Amy Lee, City Manager Inez Alvarez, City Attorney Karl Berger, Interim Assistant City Manager Diana Garcia , Director of Public Works Shawn Igoe, Director of Recreation and Community Services Robert Aguirre, Community Development Director Jessica Serrano, Director of Human Resources and Risk Management Christine Tomikawa, Police Chief Scott Wiese, Fire Division Chief Ryan Weddle, Interim City Librarian Kristin Olivarez , Finance Manager Laura Borjon, Deputy City Clerk Cindy Trang, Code Compliance Officer Rey Lozano

VIRTUALLY PRESENT: None.

AGENDA ADDITIONS, DELETIONS, CHANGES AND ADOPTIONS
None.

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December 20, 2023

PUBLIC COMMUNICATIONS

- Nidal Oudeh stated he received a letter from the Deputy City Attorney that stated his case is closed, which he does not agree with. He also spoke about his dissatisfaction with his interactions with various city offices including the Police Department in regards to his public records requests.

- Randye Kay talked about the conditions at the intersection of Chandler and Hellman Avenues, recapped her previous presentation of a petition regarding the safety of pedestrians at the mentioned intersection, and recounted an incident which occurred the previous week when she felt unsafe at that intersection.

- City Clerk Yee received, filed, and read a written communication from Nancy Ishino-Gilmore, President of the Friends of the Monterey Park Library, requesting the City Council’s help in searching for a volunteer treasurer for their organization.

STAFF COMMUNICATIONS

This Item was heard after Agenda Item No. 1A.

- City Manager ’s Office : Interim Assistant City Manager Garcia spoke about the upcoming Mayor’s State of the City address taking place on January 10, 2024 at 6:00 p.m. at El Encanto and the One Year Remembrance and Candlelight Vigil scheduled for January 21, 2024 at 6:00 p.m. in front of Monterey Park City Hall.

- Police Department: Police Chief Wiese talked about the Santa’s Sleigh event which is a collaboration between Police and Fire Departments to provide donated gifts to 15 families throughout the city and thanked all the sponsors for providing donations. Chief Wiese provided an update on the Neighborhood Engagement Team (“NET”) and their interactions with homeless individuals. Finally, Chief Wiese introduced four new employees to the Police Department, Cadet Anabell Magana, Cadet Brenda Zuniga, Cadet Ryan Reyna, and Crime Analyst Erin MacLeon.

- Public Works: Director Igoe spoke about the upcoming Community Clean-Up event taking place on January 20, 2024 at Sierra Vista Park between 8:00 a.m.and 12:00 p.m. Director Igoe responded to questions about the progress on the Monterey Pass Road and general street maintenance projects.

1. PR

ESENTATION
Matters listed under presentation are informational content and for discussion only.

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December 20, 2023
1-A. CONGRESSIONAL APP CHALLENGE FINALISTS

This Item was heard after Public Communications.

The City Council recognized Alina Ramos and Drexel Ngo, students at Brightwood Elementary School, who were finalists in the Congressional App Challenge, a nationwide computer science competition. The students created an app called “Red-11” that would facilitate rapid notification in case of active shooter emergencies. The competition was sponsored for the Monterey Park district by Congressional Representative Judy Chu.

1-B. LOS ANGELES COUNTY EFFORTS TO ADDRESS HUMAN TRAFFICKING

- Rigo Reyes, Executive Director, Los Angeles County Office of Immigrant Affairs and the Department of Consumer and Business Affairs, virtually present, spoke about the Los Angeles County Board of Supervisors motion to reimagine the County’s approach to human trafficking, authored by Supervisors Hilda Solis and Lindsey Horvath.

- Joseph Mellis, Los Angeles County Deputy Counsel, virtually present, provided background and detailed the County’s efforts to address human trafficking, including the establishment of the Workers Resource Center Pilot program to provide support to affected communities. He also took questions and comments from the City Council about what efforts could be made on both the County’s and the City’s sides to work together in a more transparent way in addressing human trafficking, in terms of resources, support, and funding.

1-C. MONTEREY PARK COMMUNITY HEALING FUND – UPDATE

City Treasurer Lee provided an update on the fundraising total of $197,000 and 41 individual grants that have been distributed leaving a balance of $78,000 ( the balance may not reflect more recent distribution of grants). She talked about the Gun Violence and Restraining Order Training scheduled for January 18, 2024 at 6:00 p.m. in the City Council Chamber. Director of Recreation and Community Services Aguirre talked about upcoming events to help survivors and families socialize and cope with the tragic events that unfolded on January 21, 2023. City Treasurer Lee mentioned that applications are still being accepted through various organizations for further distribution of funds.

2. O
LD BUSINESS – None.

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December 20, 2023

3. CO NSENT CALENDAR ITEMS NOS. 3A-3J

Action Taken: The City Council approved and adopted Agenda Item Nos. 3A – 3J on Consent Calendar, excluding Item No. 3B, which was pulled for discussion, separate motion, reading resolutions and ordinances by the title only and waiving further reading thereof.

Motion: Moved by Mayor Pro Tem Wong and seconded by Council Member Lo, motion carried by the following vote:

Ayes: Council Members: Lo, Yiu, Ngo, Wong, Sanchez
Noes: Council Members: None

Absent: Council Members: None
Abstain: Council Members: None
Recusal: Council Members: None

3-A. MINUTES

Approving the minutes from the special meetings of October 4, 2023, and November 1, 2023 and the regular meetings of October 4, 2023, and October 18, 2023 and November 1, 2023.

Action Taken: The City Council approved the minutes from the special meetings of October 4, 2023, and November 1, 2023, and the regular meetings of October 4, 2023, and October 18, 2023 and November 1, 2023 on Consent Calendar as amended to correct the motion on Agenda Item No. 3H in the October 18, 2023 minutes to reflect that Mayor Pro Tem Wong voted yes on the item.

3-B. MONTHLY INVESTMENT REPORT – NOVEMBER 2023

As of November 30, 2023, invested funds for the City of Monterey Park total $57,446,114.52.

Action Taken: The City Council received and filed the monthly investment report.

Mayor Sanchez left the dais at 8:21 p.m. and returned at 8:23 p.m. and did not take action on this item.

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December 20, 2023
Motion: Moved by Council Member Ngo and seconded by Council Member Lo, motion carried by the following vote:

Ayes: Council Members: Lo, Yiu, Ngo, Wong,
Noes: Council Members: None

Absent: Council Members: Sanchez
Abstain: Council Members: None
Recusal: Council Members: None

3-C. SECOND READING AND ADOPTION OF ORDINANCES INCREASING THE

AMOUNT OF WATER AND WASTEWATER (SEWER) RATES AND CHARGES

The first reading and public hearing occurred on December 6, 2023. The ordinances are now ready for second reading and adoption by the City Council.

On July 16, 2014, the City Council adopted Ordinance Nos. 2109 and 2110 adjusting the rates for water and sewer, respectively. These Ordinances included a 10% to 15% increase in rates for a five-year period beginning September 2014.

The Ordinances also included an automatic reversal of utility rate charges effective August 2019 back to utility charges existing in August of 2017. Since that time, several factors have changed: declines in water usage resulting from increased efficiency and an increase in operating costs due to inflation. A new comprehensive rate study was desirable.

On June 16, 2021, the Council authorized the City Manager to execute an agreement with HF&H Consultants, LLC (HF&H) for a Utility Rate Fees Study (the Study). The last comprehensive study on the water, wastewater, and refuse rates occurred in 2014.

HF&H has worked with City staff to develop comprehensive rate analyses for the water and wastewater (sewer) enterprises with recommendations that ensure the rates charged are fair and equitable to the City's users and can adequately fund the City’s operations of these services.

CEQA (California Environmental Quality Act):

This Ordinance is exempt from review under the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000, et seq.; “CEQA") and CEQA regulations (14 Cal. Code Regs. §§ 15000, et seq.; “CEQA Guidelines”) because it establishes, modifies, structures, restructures, and approves rates and charges for meeting operating expenses; purchasing supplies, equipment, and materials; meeting financial requirements; and obtaining funds for capital projects needed to maintain service within existing service areas. This Ordinance, therefore, is categorically exempt from further CEQA review under CEQA Guidelines § 15273.

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December 20, 2023
Discussion: Finance Director Garcia provided a revised staff report for City Council consideration.

Action Taken: The City Council waived second reading and adopted Ordinance No. 2239 – Increasing the amount of Water Rates and Charges and waived second reading and adopted Ordinance No. 2240 – Increasing the amount of Wastewater Rates and Charges, on Consent Calendar.

Ordinance No. 2239

AN ORDINANCE SETTING THE AMOUNT OF WATER RATES AND CHARGES PURSUANT TO HEALTH AND SAFETY CODE § 5471 AND MONTEREY PARK MUNICIPAL CODE CHAPTER 14.12

Ordinance No. 2240

AN ORDINANCE SETTING THE AMOUNT OF WASTEWATER RATES AND CHARGES PURSUANT TO HEALTH AND SAFETY CODE § 5471 AND
MONTEREY PARK MUNICIPAL CODE CHAPTER 14.12

3-D. ENDING THE EMPLOYMENT EMERGENCY FOR THE CITY OF MONTEREY PARK EFFECTIVE DECEMBER 31, 2023

The City Council authorized an employment emergency order in June 2022 to expedite recruitment processes in order to fill around 70 positions that were vacant at that time. The U.S. labor market had a large gap between job openings and workforce participation in 2022 which created a challenging environment for recruitment both nationally and locally. The emergency order authorized the City Manager to take all reasonable and practicable actions to accelerate the process for recruiting, appointing, and retaining persons as City employees to fill all vacant positions, including by (1) suspending parts of the City’s personnel rules that are interfering with the City’s ability to secure qualified candidates; (2) temporarily appointing qualified persons to positions in accordance with Monterey Park Municipal Code (“MPMC”) § 2.28.100; (3) amending titles and classifications of various positions to make them more attractive to qualified candidates; and (4) commencing a substantial overhaul to the City’s personnel rules.

Every 60 days, staff reported on recruitment, retention, and promotions under the employment emergency order to the City Council. Now in December 2023, the City has fewer vacant positions and staff recommends ending the employment emergency order effective December 31, 2023.

Action Taken: The City Council received and filed this report and adopted Resolution No. 2023- R96 terminating the employment emergency effective December 31, 2023 and authoriz ed the City Manager to take all practical actions needed to finalize the recruitment and retention of persons for employment, on Consent Calendar.

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December 20, 2023
Resolution No. 2023-R96

A RESOLUTION ADOPTED BY THE CITY COUNCIL FOR THE CITY

OF MONTEREY PARK TERMINATING THE EXISTENCE OF A
LOCAL

EMERGENCY DUE TO LACK OF EMPLOYEES AND AUTHORIZING
T

HE CITY MANAGER TO TAKE ALL REASONABLE ACTIONS TO

ACCELERATE RECRUITMENT AND RETENTION OF PUBLIC EMPLOYEES 3-E. EMER
GENCY MEDICAL SERVICES – APPROVAL OF AGREEMENT
The
Fire Department provides emergency medical response through 9-1- 1 calls, which requires maintaining an inventory of supplies, disposable tools, and pharmaceuticals. Staff is seeking approval of a Services Agreement with Life- Assist, Inc. to provide the Fire Department’s emergency medical supplies, equipment, drugs and pharmaceuticals.

Ac
tion Taken: The City Council authorized the City Manager to execute an agreement with Life-Assist, Inc., in a form approved by the City Attorney, for the purchase of emergency medical supplies, equipment, drugs and pharmaceuticals from Account Nos. 1013220-5320 and 1013220-5351, on Consent Calendar. 3-F. CALI

FORNIA OFFICE OF EMERGENCY SERVICES HIGH FREQUENCY
COMMUNICATIONS EQUIPMENT PROGRAM – AWARD OF CONTRACT TO

NVIS COMMUNICATIONS, FOR THE PURCHASE OF HIGH FREQUENCY RADIOS
In A
pril 2021, the City of Monterey Park applied for and was awarded a grant through the California Office of Emergency Services (“CAL-OES”) for the purchase of high frequency radios. The purpose of this grant is to ensure that local governments are included in an integrated high frequency radio network that utilizes frequencies authorized by the Federal Communications Commission (“FCC”) and can be capable of communicating with other local, state, and federal agencies.

Ac
tion Taken: The City Council waiv ed bidding requirements pursuant to Monterey Park Municipal Code §3.20.050(2) and awarded the bid to NVIS Communications for the purchase of high frequency radios; and authorized the City Manager to execute an agreement in a form approved by the City Attorney, on Consent Calendar.
3-G. RECO
GNITION OF JANUARY 11, 2024 AS NATIONAL HUMAN TRAFFICKING

AWARENESS DAY
Nat
ional Human Trafficking Awareness Day, observed annually on January 11th is an initiative aimed at spotlighting the issue of human trafficking. The campaign seeks to educate communities, empower individuals to recognize signs of trafficking, and inspire collective action to prevent and combat this contemporary

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December 20, 2023
form of slavery. By designating a specific day, the initiative brings attention to the issue of human trafficking, encouraging diverse stakeholders, including government entities, law enforcement, non- profit organizations, businesses, and the general public, to actively engage in initiatives combating human trafficking.

On January 11, 2024 city staff, elected officials and residents are encouraged to wear blue attire in honor of National Human Trafficking Awareness Day, symbolizing unity and raising visibility for the cause. By combining awareness, education, community engagement, and strategic partnerships, the City actively contributes to the collective effort to eliminate this violation of human rights.

Action Taken: The City Council adopted Resolution No. 2023- R97 recognizing January 11, 2024 as National Human Trafficking Awareness Day, on Consent Calendar.

Resolution No. 2023-R97

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY PARK RECOGNIZING JANUARY 11, 2024 AS NATIONAL HUMAN TRAFFICKING

AWARENESS DAY

3-H. CIP 95030 DEMOLITION OF FIRE STATION TOWER PROJECT – REJECT ALL

SUBMITTED BIDS

Per Resolution No. 2023- R52, the Public Works Director solicited bids for CIP 95030 – Demolition of Fire Station Tower Project. The bid opening was held on November 9, 2023. The City received one bid from California Contractors. Staff recommends rejection of all bids due to the cost proposal exceeding the City’s budget for this project.

Action Taken: The City Council rejected all bids for Capital Improvement Project (CIP) No. 95030 – Demolition of Fire Station Tower Project, on Consent Calendar.

3-I. SECOND AMENDMENT TO AGREEMENT 2273 -A WITH NATIONAL

BUSINESS FURNITURE, LLC

In 2021, the City entered into an agreement with National Business Furniture, LLC (NBF) for the purchase of office furniture for the Police Department. A First Amendment to the agreement was executed to add the purchase of additional furniture for the Human Resources Department. It is recommended that City Council approve a Second Amendment to purchase office furniture for various other departments including Community Development, Fire Prevention, Public Works and Finance. The estimated cost for the additional furniture is $175,000.

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December 20, 2023
Action Taken: The City Council authorized the City Manager to execute a Second Amendment with National Business Furniture, LLC, in a form approved by the City Attorney, to purchase office furniture for various city departments for an amount of $175,000, on Consent Calendar.

3-J. AMENDMENT TO AGREEMENT 2360-A WITH TOWNSEND PUBLIC AFFAIRS

Townsend Public Affairs, Inc. (TPA) is an experienced legislative advocacy and grant writing firm that provides local, regional, state, and federal service to public agencies. TPA has provided services to over 300 clients and operates five (5) offices in California and Washington, DC.

In March 2023 the City entered into a limited- term contract for services with TPA to evaluate the various services provided by TPA. Since entering into the agreement with TPA, the City has received nearly $4 million in grants and earmark funding. It is anticipated that an additional $1.5 million will be awarded for additional projects early next year. They have additionally provided legislative advocacy and support for various items during this limited- term contract. It is recommended that City Council approve an amendment to extend their agreement through December 31, 2024 for an amount not to exceed $90,000.

Action Taken: The City Council authorized the City Manager to execute Amendment No. 1 to Agreement 2360- A with Townsend Public Affairs Inc., in a form approved by the City Attorney; to provide legislative advocacy and grant writing for an amount not to exceed $90,000, on Consent Calendar.

4. PUBLIC HEARING

4-A. A PUBLIC HEARING TO CONSIDER INTRODUCTION AND FIRST READING OF ZONE CHANGE NO. ZC-23-02 (“ZC-23-02”), AN ORDINANCE AMENDING

THE ZONING MAP FOR CERTAIN PROPERTIES FOR CONSISTENCY WITH

THE GENERAL PLAN, LAND USE AND URBAN DESIGN ELEMENT

The City recently began efforts in the Our City, Our Plan campaign to implement the General Plan Land Use and Urban Design Element (“GPLU”) and the Housing Element (“HE”), which sets the vision for development within the City. The General Plan is implemented through the zoning regulations located in Title 21 of the Monterey Park Municipal Code (“MPMC”). Those regulations assign a zoning district to each property in the City, as governed by the Zoning Map. This proposed zone change will harmonize the zoning designations with the GPLU for certain properties on Monterey Pass Road, Corporate Center Drive and East Mabel Avenue.

The Zone Changes will only impact the future development of these properties; existing structures and businesses are allowed to remain.

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December 20, 2023

CEQA (California Environmental Quality Act):

The City reviewed the environmental impacts of the proposed Ordinance pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq., the “CEQA Guidelines”). CEQA Guideline § 15168 provides that a Program EIR may be prepared to consider the environmental impacts of a series of actions that can be characterized as one large project that are related as logical parts in a chain of contemplated actions. The proposed Ordinance is within the scope of the City’s Focused General Plan Update to the Land Use and Urban Design Element which was evaluated under a Final Environmental Impact Report (“FEIR”) (SCH No. 2001-01-1074). The FEIR adequately describes and considers the proposed Ordinance for CEQA purposes. Accordingly, the Ordinance is not subject to further environmental review.

Discussion: Community Development Director Serrano presented a PowerPoint presentation detailing the background and considerations to implement the zoning map changes for consistency with the General Plan and to align with the Our City, Our Plan project and took questions and comments from the City Council regarding vacancy rates and land use.

Action Taken: The City Council (1) opened the public hearing at 8:23 p.m. to receive testimonial and documentary evidence and (2) closed the public hearing at 8:35 p.m. with no registered speakers and consider ed the evidence submitted during the public hearing, introduced and waived first reading of an Ordinance amending the zoning map for certain properties for consistency with the General Plan, Land Use and Urban Design Element . Mayor Pro Tem Wong declared that in accordance with the Fair Political Practices Commission (“FFPC”) advisory letter A23-087 dated June 6, 2023, he does not have a conflict and may participate.

Motion: Moved by Mayor Pro Tem Wong and seconded by Mayor Sanchez , motion carried by the following vote:

Ayes: Council Members: Lo, Yiu, Ngo, Wong, Sanchez
Noes: Council Members: None

Absent: Council Members: None
Abstain: Council Members: None
Recusal: Council Members: None

Ordinance, 1
st Reading
AN ORDINANCE AMENDING THE ZONING MAP (ZC-23-02) TO CHANGE THE

ZONING FOR CERTAIN PROPERTIES FOR CONSISTENCY WITH THE

GENERAL PLAN, LAND USE AND URBAN DESIGN ELEMENT

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4-B. A PUBLIC HEARING TO CONSIDER POSSIBLE ACTION REGARDING ZONING CODE AMENDMENT NO. 23 -05 (ZCA -23-05) TO COMPLY WITH

CALIFORNIA LAW REGARDING MEDICAL CANNABIS DELIVERY

RETAILERS

The California Legislature adopted Senate Bill 1886 (“SB 1186”) in 2022 which precludes cities from imposing regulations that have the effect of prohibiting medical cannabis delivery within the City and becomes effective on January 1, 2024. SB 1186 declares that any City regulation that does not allow a physical premises from which retail sale by delivery of medical cannabis may be conducted within the City has the effect of prohibiting medical cannabis delivery. Accordingly, the proposed ordinance will conditionally allow non-store front locations for the sale by delivery of medical cannabis in the Commercial Services Zone and impose reasonable regulations.

CEQA (California Environmental Q
uality Act):

The City reviewed the environmental impacts of this proposed Ordinance pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq., the “CEQA Guidelines”). No additional environmental review is required for this Ordinance pursuant to CEQA Guidelines § 15060(c)(2), § 15378(b)(5) § 15301 § 15303 and § 15061(b)(3). The proposed Ordinance is exempt from CEQA because it is a zoning text amendment which permits delivery of medical cannabis in the City’s commercial zone, which will not have a direct or reasonably foreseeable indirect physical change in the environment and does not qualify as a “project” under CEQA because it will not make physical changes to the environment. The proposed Ordinance is also exempt pursuant to CEQA Guidelines § 15301 and 15303 for activities that involve negligible or no expansion of use for existing facilities and for the conversion of existing small structure for another use. Finally, the proposed Ordinance is exempt from CEQA under the common sense exemption that it will not affect the environment.

Discussion: Community Development Director Serrano presented a PowerPoint presentation detailing the background, the proposed ordinance, zoning changes and conditional use permits. Director Serrano provided information regarding the sensitive zones and the process of issuing conditional use permits in the future as well as the possibility of a tax or fee for those businesses in the future. City Attorney Berger spoke about the buffer zones and sensitive zones detailed in the proposed ordinance and the possibility of taxable options and answered Mayor Sanchez’s question regarding Police enforcement requirements for cannabis -related businesses.

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Action Taken: The City Council (1) opened the public hearing at 8:35 p.m. to take testimonial and documentary evidence; (2) there being no registered speakers, closed the hearing at 8: 48 p.m.; (3) considered the evidence, adopted Urgency Ordinance No. 2241 amending Monterey Park Municipal Code (“MPMC”) Chapter

6.35 (Commercial Cannabis Activities) and adding Chapters 6.36 (Medical Cannabis Delivery) and 21.27 (Cannabis -Related Uses); and (4) introduced and waived first reading of an Ordinance amending MPMC Chapter 6.35 (Commercial Cannabis Activities) and adding Chapters 6.36 (Medical Cannabis Delivery) and

21.27 (Cannabis -Related Uses) . Second reading and adoption would occur on January 17, 2024. Both the Urgency Ordinance and regular Ordinance were amended to change language to include the word “residences” in Chapter

21.27.040 section B to in the definition of “sensitive use,” and change 600 feet to 1,000 feet.

Motion: Moved by Council Member Yiu and seconded by Mayor Pro Tem Wong, motion carried by the following vote:

Ayes: Council Members: Lo, Yiu, Ngo, Wong, Sanchez
Noes: Council Members: None

Absent: Council Members: None
Abstain: Council Members: None
Recusal: Council Members: None

Urgency Ordinance No. 2241

AN URGENCY ORDINANCE ADOPTED PURSUANT TO GOVERNMENT CODE § 36937 AND BUSINESS AND PROFESSIONS CODE § 26320 AMENDING MONTEREY PARK MUNICIPAL CODE CHAPTERS 6.35 AND 9.102, AND ADDING NEW CHAPTERS 6.36 AND 21.27 TO IMPLEMENT CALIFORNIA LAW

GOVERNING MEDICAL CANNABIS

Ordinance, 1
st Reading
AN ORDINANCE ADOPTED PURSUANT TO GOVERNMENT CODE § 36937 AND BUSINESS AND PROFESSIONS CODE § 26320 AMENDING MONTEREY PARK MUNICIPAL CODE CHAPTERS 6.35 AND 9.102, AND ADDING NEW CHAPTERS 6.36 AND 21.27 TO IMPLEMENT CALIFORNIA LAW GOVERNING

MEDICAL CANNABIS

4-C. 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”)

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. 20 23-R67 which, among other things, gave direction to the City Manager and City Attorney to take actions needed to support reasonable gun

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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.

C
EQA (California Environmental Quality Act):

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.

Discussion: City Attorney Berger presented a PowerPoint presentation to detail and clarify terms and wording in the proposed ordinance to incorporate Los Angeles County code in the regulation governing gun dealer licenses. City Attorney Berger also provided a revised Ordinance to add Section F to Chapter 5.90.30 “Whenever in LACC Chapter 7.46 the word “County” is used, it refers to the City of Monterey Park.”

Action Taken: The City Council introduced and waived first reading, continued 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”) as amended to add Section F to Chapter 5.90.30 “Whenever in LACC Chapter 7.46 the word “County” is used, it refers to the City of Monterey Park.”

Motion: Moved by Council Member Ngo and seconded by Mayor Sanchez, motion carried by the following vote:

Ayes: Council Members: Lo, Yiu, Ngo, Wong, Sanchez
Noes: Council Members: None

Absent: Council Members: None
Abstain: Council Members: None
Recusal: Council Members: None

5. NEW BUSINESS
None.

6. CITY COMMUNICATIONS (CITY COUNCIL)

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December 20, 2023

CITY COUNCIL COMMUNICATIONS

Council Member Lo thanked the Recreation and Community Services Department for organizing the City’s Annual Snow Village. Council Member Lo acknowledged the City for its Holiday Employee Luncheon which he attended as well as the Cambodian Chinese American Association Holiday event on December 17. He wished everyone a happy holiday season after a difficult year.

Council M ember Yiu said she attended many of the same events as Council Member Lo. S he highlight ed Representative Judy Chu’s event to honor the participants of the Congressional App Challenge on December 19 and the 46 apps that were in the running to win including one to alert the user of allergies on food, an app to expose fake news, and an app to help in notetaking and mathematics- related assistance to students. She wished everyone a happy holiday.

Council Member Ngo talked about attending the City’s Staff Appreciation Luncheon and the Snow Village event. Council Member Ngo stated that he attended the Cambodian Chinese American Holiday event; participated in a gift donation drive and family adoption effort with his employer for families in Downey in conjunction with Rancho Los Amigos Rehabilitation Center; and helped distribute 350 gift baskets in Chinatown with the participation of the Chinatown Service Center. He said he also attended the Chinatown Service Center All -Staff Holiday Luncheon and wished everyone happy holidays and thanked city staff for their work.

Mayor Pro Tem Wong talked about attending many of the same events with the other Council Members and mentioned the work and commitment of city staff during a difficult year. He said he attended the City’s Staff Holiday Luncheon on December 12 and mentioned the Santa’s Sleigh tour through the City on December 16. Mayor Pro Tem Wong highlighted the Congressional App Challenge and the participants.

Mayor Sanchez said he attended the Snow Village and thanked the Recreation and Community Services Department for their efforts ; thanked the Bruggemeyer Library for their Dog Man Party event ; and attended a meeting with President Roman from East Los Angeles College (“ELAC”). Mayor Sanchez talked about attending the reorganization of the City of Montebello and the Montebello Unified School District on December 13. He thanked and acknowledged outgoing Mayor David Torres and new Mayor Scarlet Peralta for their service. He acknowledged outgoing School Board President Elizabeth Cabrera and new President Liliana Magana. Mayor Sanchez spoke about his meeting with MERCI whose mission is providing services for disabled adult s; his attendance at the Fire Department Community Clinic; and the Santa’s Jolly Journey on December 16. Mayor Sanchez announced the cancellation of the January 3, 2024 City Council meeting, wished Council Member Ngo a happy birthday and wished the community a happy holidays.

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December 20, 2023

7. FUTURE AGENDA ITEMS

8. CLOSED SESSION (IF REQUIRED; CITY ATTORNEY TO ANNOUNCE) None.

ADJOURNMENT
There being no further business for consideration, Mayor Sanchez adjourned the meeting at 9:10 p.m.

__________________________
Maychelle Yee
City Clerk

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City Council Staff Report
DATE: March 26, 2024
AGENDA ITEM NO:

TO: The Honorabl
e Mayor and City Council
FROM: Amy Lee, City Treasurer
SUBJECT: Monthly Investment Report – February 2024

RECOMMENDA
TION:

It is recommended that the City Council consider:

1. Receiving and filing the monthly investment report; and

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

EXECUTIVE SUMM
ARY:

As of February 29, 202 4, invested funds for the City of Monterey Park total $66,982,161.99.

BACKGROUND:

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

Respectfully submitted by: Prepared by:

Amy Lee
City Treasurer
Martha Garcia
Finance Director
Approved by:

Inez Alvarez
Interim City Manager

ATTACHMEN
T:

1. Monthly Investment Report
Consent Calendar - 3B

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Staff Report
March 26, 2024
AT
TACHMENT 1
Monthly Investment Report

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INVESTMENTS PORTFOLIO PROFILE:

TOTAL BALANCE AT 02/29/2024 66,982,161.99$

INVESTMENT COMPOSITION
(1) LA COUNTY POOLED INVESTMENT FUND ON DEMAND 4.170% 44,889,564.77$ (See Schedule A for LA County Pool Composition)
(2) LOCAL AGENCY INVESTMENT FUND ON DEMAND 3.670% 14,247,597.22$ Purchase Maturity Interest
(3) CERTIFICATES OF DEPOSIT Date Date Rate
1 SALLIE MAE BANK 08/11/21 08/12/24 0.70% 245,000
2 TOYOTA FINANCIAL SAVINGS BANK 09/16/21 09/16/24 0.65% 245,000 3 SYNCHRONY BANK 09/17/21 09/17/24 0.65% 245,000
4 UBS BANK USA 09/22/21 09/23/24 0.65% 245,000
5 STATE BANK OF INDIA 10/18/21 10/18/24 0.70% 245,000
6 MEDALLION BANK UTAH 01/28/22 01/28/25 1.25% 245,000
7 PENTAGON FEDERAL UNION 01/31/22 01/31/25 1.25% 245,000 8 BEAL BANK 02/02/22 01/29/25 1.15% 245,000
9 VALLIANCE BANK 03/18/22 03/18/25 1.40% 245,000
10 STATE BANK OF TEXAS 03/25/22 03/25/25 1.45% 245,000 11 FIRST FED SAVINGS & LOAN 03/30/22 03/31/25 2.00% 245,000 12 LAFAYETTE FEDERAL CREDIT UNION 03/30/22 03/31/25 2.20% 245,000 13 ALLY BANK 03/31/22 03/28/24 1.95% 245,000
14 COMENITY CAPITAL BANK 04/14/22 04/14/25 2.55% 245,000 15 AMERICU CREDIT UNION 04/21/22 04/21/25 2.30% 245,000 16 BALBOA THRIFT & LOAN 04/29/22 04/29/25 2.00% 245,000 17 CONNEXUS CREDIT UNION 05/26/22 05/28/24 2.65% 245,000 18 METRO CREDIT UNION 07/13/22 07/12/24 3.20% 245,000
19 FIRST TECHNOLOGY CREDIT UNION 08/05/22 08/05/24 3.25% 245,000 20 AUSTIN TELCO FEDERAL CREDIT UNION 12/16/22 12/16/24 5.00% 245,000 21 GREENWOOD MUNICIPAL FED CREDIT UNIO 01/27/23 01/27/25 4.80% 245,000 22 RAIZ CREDIT UNION 01/27/23 01/27/25 4.75% 245,000
23 WORKERS 01/27/23 01/27/25 4.70% 245,000
24 MANUF & TRADERS TRUST CO 01/31/23 01/31/26 4.25% 245,000 25 ALPINE BANK 01/31/23 01/31/25 4.55% 245,000
26 TECHNOLOGY FCU 02/10/23 02/24/25 5.00% 245,000
27 RED CROWN FCU 02/14/23 02/21/25 4.85% 245,000
28 UFIRST FEDERAL CREDIT UNION 02/15/23 02/25/25 4.85% 245,000 29 SEA COMM FEDERAL CREDIT UNION 02/23/23 03/03/25 4.90% 245,000 30 GLOBAL CREDIT UNION 05/02/23 05/12/25 4.85% 245,000 31 WESTERN ALLIANCE BANK 05/02/23 05/05/25 4.85% 245,000 32 PREFERRED BANK 09/03/23 09/03/24 4.16% 100,000
33 PREFERRED BANK 09/08/23 09/08/24 4.16% 150,000
Total CDs (33) 3.254% 7,845,000.00$
OTHER INFORMATION:

BANK BALANCE: (1)
$14,472,875.20
AVERAGE MATURITY DAYS 58
AVERAGE INTEREST RATE FOR THE MONTH 3.858%

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

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

CITY OF MONTEREY PARK

INVESTMENT REPORT
FEBRUARY 29, 2024

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City Council Staff Report
DATE: March 26, 2024
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Martha Garcia, Director of Finance
SUBJECT: Water Infrastructure Financing Update – Receive and File RECOMMENDATION:

It is recommended that the City Council consider:

1. Receiving and filing the water infrastructure financing update; and

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

EXECUTIVE SUMMARY:

On November 15, 2023, the City Council directed the City Manager to research bond financing for water infrastructure needs. On February 7, 2024, the City Manager informed the City Council that this item was being postponed to March 2024 for Council consideration due to challenges encountered in collecting historical data. The City will meet with Standard & Poor’s (S&P) on March 26th to present the Water System credit and receive a final rating for the upcoming bond sale. It is anticipated that a recommendation regarding water bonds will be presented to the City Council on April 17, 2024. If approved, the financing team plans to schedule final pricing in the week of April 15th or April 22nd. The City’s financing team is diligently working to ensure a strong credit rating and successful bond sale.

FISCAL IMPACT:

There is no fiscal impact associated with receiving and filing this report.

Respectfully submitted by:

Martha Garcia
Director of Finance
Approved by: Reviewed by:

Inez Alvarez
City Manager
Karl H. Berger
City Attorney
Consent Calendar - 3C

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City Council Staff Report
DATE: March 26, 2024
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Inez Alvarez, City Manager
SUBJECT: Adoption of 2024-25 City Council Strategic Plan Goals and Objectives RECOMMENDATION:

It is recommended that the City Council consider:

1. Approving the 2024-25 Strategic Plan Goals and Objectives; and

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

EXECUTIVE SUMMARY:

During a public meeting held on February 3, 2023, the City Council and City’s executive leadership team convened to discuss City Council priorities, strategic plan goals and 12- month objectives for 2024-25. The Strategic Plan goals and objectives enable the City to efficiently move the community forward by focusing on specific objectives during the fiscal year. The City Manager is responsible for assigning these objectives to City staff in order to carry out the strategic directions of the City Council.

BACKGROUND:

Strategic planning serves as a method by which the City Council plans and prioritizes its goals in a transparent and accountable manner. The City Council and staff use the Plan’s goals to align limited resources with prioritized initiatives, which connect to a broader vision for our community’s future.

City Council, working alongside the City’s executive leadership team, developed and crafted the Goals and Objectives attached to this staff report. Staff will work over the next 12 months to accomplish the objectives identified.

FISCAL IMPACT:

There is no fiscal impact associated with the adoption of these Strategic Goals and Objectives for 2024-25. Specific objectives may need additional resources to accomplish, which will be budgeted under the responsible department through the budget process.

Consent Calendar - 3D

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Staff Report

Page 2 of 2 ends

March 26, 2024

Respectfully submitted by: Prepared by:

Inez Alvarez
City Manager

Diana Garcia
Assistant City Manager
Reviewed by: Reviewed by:

Karl H. Berger
City Attorney

Martha Garcia
Finance Director

ATTACHMENT:

1. Draft 2024-25 City Council Strategic Goals and Objectives

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Staff Report
March 26, 2024
ATTACHMENT 1
Draft 2024-25 City Council Strategic
Goals and Objectives

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CITY OF MONTEREY PARK
STRATEGIC GOALS and 12-MONTH OBJECTIVES

1 1. Goal - MAINTAIN PUBLIC SAFETY WITH A FLEXIBLE AND ENHANCED SERVICE MODEL

Objectives
a. Strengthen Community Outreach
 Implement targeted outreach initiatives to foster stronger relationships between public safety and community members, promoting trust and cooperation.
b. Address Ongoing Safety Challenges
 Identify and address public safety issues, exploring innovative solutions to enhance community safety.
c. Provide In-Service Training
 Develop and implement training programs to ensure personnel are equipped with the necessary skills and knowledge to adapt to evolving community needs and maintain operational continuity.

2. Goal - TO MAINTAIN FISCAL STABILITY OF OUR CITY’S FINANCIAL

RESOURCES

Objectives
a. Review and Revise City Revenue Sources
 Conduct comprehensive review and analysis to ensure City charges accurately reflect the cost of services and assess revenue enhancement programs.
b. Assess Cost Recovery Strategies
 Evaluate and refine cost recovery strategies for City services to optimize resource allocation and promote efficiency while minimizing financial burdens on residents and businesses.

3. Goal - STRENGTHEN OUR LOCAL ECONOMY AND ENHANCE HOUSING

OPPORTUNITIES

Objectives
a. Implement Economic Development Strategic Plan
 Actively pursue the objectives outlined in the Economic Development Strategic Plan to promote business growth and attract investment to the City.
b. Support Local Businesses
 Provide comprehensive support and assistance programs for local businesses to enhance the economic health of the City.
c. Encourage Housing Development
 Encourage developers to submit housing projects during the enforcement suspension of the City’s Inclusionary Housing Ordinance to address housing affordability challenges.

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CITY OF MONTEREY PARK
STRATEGIC GOALS and 12-MONTH OBJECTIVES

2 4. Goal - MAINTAIN, BUILD AND MODERNIZE INFRASTRUCTURE AND FACILITIES

TO SUPPORT THE CURRENT AND FUTURE NEEDS OF OUR CITY AND

COMMUNITY

Objectives
a. Prioritize Water Projects
 Prioritize water related CIP projects related to the water bond to ensure these projects can be designed and completed within the three-year bond period.
b. Continue Roadway Resurfacing
 Maintain momentum on roadway resurfacing projects and initiate plans for alleyway resurfacing to enhance infrastructure quality and safety. c. Expand EV Charger Network
 Install electric vehicle chargers at key public facilities to encourage sustainable transportation options and support the transition to electric vehicles.

5. Goal - ENHANCE ACCESS TO RESOURCES FOR MENTAL HEALTH, SOCIAL

SERVICES, AND UNHOUSED NEEDS

Objectives
a. Compile Comprehensive Resource List
 Ensure the list of City-provided resources is regularly updated and easily accessible to residents in multiple languages.
b. Research Local Collaborations
 Actively seek out partnerships with local organizations to expand the range of available resources and support networks.
c. Conduct Workshops and Seminars
 Organize regular workshops and seminars focused on mental health, social services, and unhoused resources, providing educational opportunities and support for residents.

6. Goal - ENHANCE PUBLIC COMMUNICATION AND CIVIC ENGAGEMENT TO

REACH ALL MEMBERS OF OUR COMMUNITY

Objectives
a. Refine Communications Plan
 Update and refine the City’s Communications Plan to ensure it effectively engages all residents through diverse channels and platforms.
b. Craft Mission, Vision, and Values Statements
 Develop clear statements that reflect the City's identity, goals, and commitment to serving its community.
c. Refresh Branding Materials
 Update visual branding elements, including letterhead, business cards, and certificates, to maintain consistency and reflect a renewed vision.

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City Council Staff Report
DATE: March 26, 2024
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Inez Alvarez, City Manager
Karl H. Berger, City Attorney
SUBJECT: Ad hoc Committee – Atlantic Square land uses
RECOMMENDATION:

It is recommended that the City Council consider:

1. Establishing an ad hoc committee (the “Atlantic Square Committee”) consisting of Mayor Thomas Wong and Council Member Jose Sanchez to receive a presentation regarding Atlantic Square tenancies and plans; and

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

EXECUTIVE SUMMARY
In January, the City Manager executed an agreement with Willdan Group, Inc. (“Willdan”) to process requests from TRC regarding its plans at Atlantic Square.

Discussions between Willdan representatives, led by Messrs. Jeff Stewart and Sal Lopez, led to a more comprehensive meeting between the City Manager, City Attorney, Willdan, and TRC representatives outlining “next steps” for considering TRC’s plans at Atlantic Square.

Part of the next steps includes TRC’s agreement to make a presentation to an ad hoc committee of the City Council. Because TRC is concerned regarding proprietary information and ongoing discussions with prospective tenants at Atlantic Square, the parties executed a confidentiality agreement that would allow such a presentation. A copy of that agreement is on-file with the City Clerk’s office.

If created, the Atlantic Square Committee would receive a presentation from TRC’s representatives regarding future uses at Atlantic Square. It would be authorized to provide feedback to TRC regarding any such plans.

Atlantic Square is located within District 3 which is represented by Council Member Jose Sanchez. Accordingly, Council Member Sanchez is recommended as a committee member along with the Mayor.
2023-2024 STRATEGIC PLAN GOAL:

The creation of the ad hoc committee to provide feedback to TRC regarding future plans and tenants for Atlantic Square helps to meet the City Council’s 2023-24 Strategic Plan goal of Economic Development.

Consent Calendar - 3E

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Staff Report
March 26, 2024

Page 2 ends

FISCAL IMPACT:

The proposed action does not result in a fiscal impact to the City. TRC is reimbursing the City for all costs related to its potential land use approvals pursuant to an agreement dated February 5, 2024.

Respectfully submitted and prepared by:
_____________________________ _____________________________ Inez Alvarez, City Manager Karl H. Berger, City Attorney

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City Council Staff Report
DATE: March 26, 2024

AGENDA ITEM NO
:

TO: The Hon
orable Mayor and City Council
FROM: Scott Wiese, Chief of Police
SUBJECT: National Public Safety Telecommunicators Week Resolution RECOMM
ENDATION:

It is recommended that the City Council consider:

1. Adopting a Resolution Declaring the week of April 14 through 20, 2024, to be National Public Safety Telecommunicators Week in the City of Monterey Park; and

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

EXECUTI
VE SUMMARY:

The Monter
ey Park Police Department is celebrating the week of April 14 - 20, 2024 as National Public Safety Telecommunicators Week. This week, sponsored by the Association of Public -Safety Communications Officials (APCO) International and celebrated annually, honors the thousands of men and women who respond to emergency calls, dispatch emergency professionals and equipment, and render lifesaving assistance to the citizens of the United States. We are enlisting your support in the form of a resolution to honor these men and women in our area for the work that they do every day to protect the residents of Monterey Park.

BACKGROUND:

Hist
orically, the Police Department recognizes and celebrates the hard work of these dedicated professionals. We are confident you will stand behind the commitment and devotion these men and women provide to ensure the safety and security of Monterey Park residents.

Consent Calendar - 3F

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Staff Report

Page 2 of 2 ends

March 26, 2024
Respectfully submitted by: Prepared by:

Bob Hung
Scott Wiese
Chief of Police
Bob Hung
Lieutenant
Approved by:

Inez Alvarez
City Manager

ATTACHME
NT:

1. Resolution

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Staff Report
March 26,
2024
ATTACHMENT 1
Resolution for National Telecommunication
Appreciation Week

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RESOLUTION NO.

A RES

OLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY
PARK DECLARING APRIL 14- 20 2024, NATIONAL PUBLIC SAFETY

TELECOMMUNICATIONS WEEK IN MONTEREY PARK
BE
IT RESOLVED by the Council of the City of Monterey Park as follows:

SE
CTION 1: The City Council finds as follows:

A. The M
onterey Park Police Department is celebrating the week of April 14-20, 2024 as National Public Safety Telecommunicators Week. This week, sponsored by the Association of Public-Safety Communications Officials (APCO) International and celebrated annually, honors the thousands of men and women who respond to emergency calls, dispatch emergency professionals and
equipment, and render lifesaving assistance to the citizens of the United States. We are enlisting your support in the form of a resolution to honor these men and women in our area for the work that they do every day to protect the residents of Monterey Park.

B. Em
ergencies can occur at any time that requires police, fire, or emergency medical services. When an emergency occurs the prompt response of police officers, firefighters, and paramedics is critical to the protection of life and preservation of property.

C. The s
afety of our police officers and firefighters is dependent upon the quality and accuracy of information obtained from citizens who telephone the Monterey Park police-fire communications center.

Public Safety Telecommunicators are the first and most critical contact our citizens have with emergency services.

D. Publ
ic Safety Telecommunicators are the single vital link for our police officers and firefighters by monitoring their activities by radio, providing them with information, and ensuring their safety. Public Safety Telecommunicators of the Monterey Park Police Department have contributed substantially to the apprehension of criminals, suppression of fires, and treatment of patients.

E. Wher
eas each dispatcher has exhibited compassion,
understanding, and professionalism during the performance of their job in the past year.

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Resolution No.

Page 2 of 2 ends

F. The C
ity of Monterey Park recognizes and celebrates the hard work of these dedicated professionals and declares April 14-20, 2024 as National Public Safety Telecommunicators Week in Monterey Park. We stand behind the commitment and devotion these men and women provide to ensure the safety and security of Monterey Park residents.

SE
CTION 2: Electronic Signatures . This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.

SE
CTION 3: Recordation. The Mayor, or presiding officer, is authorized to sign this Resolution, signifying its adoption by the City Council of the City of Monterey Park , and the City Clerk, or her duly appointed deputy, may attest thereto.

SE
CTION 4: Effective Date. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.

PA
SSED AND ADOPTED this ___ day of ______________, 2024.
________________________________
Thomas Wong, Mayor
Attest:
__________________________
Maychelle Yee, City Clerk

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City Council Staff Report
DATE: March 26, 2024
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Kristin Olivarez, City Librarian
SUBJECT: 2024 National Library Week Resolution
RECOMMENDATION:

It is recommended that the City Council consider:

1. Adopting a resolution declaring the week of April 7-13, 2024 to be National Library Week in Monterey Park,

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

EXECUTIVE SUMMARY:

The Monterey Park Bruggemeyer Library is celebrating the week of April 7-13, 2024 as National Library Week. National Library Week is celebrated nationwide annually in April to highlight the valuable role libraries, librarians, and library workers play in transforming lives and strengthening our communities. Libraries offer opportunities for everyone to explore new worlds and become their best selves through access to information, technology, multimedia content, and educational programs.

FISCAL IMPACT:

None.

Respectfully submitted by:

Kristin Olivarez
City Librarian
Approved by:

Inez Alvarez
City Manager
Consent Calendar - 3G

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Staff Report

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March 26, 2024
ATTACHMENT:

1. Draft Resolution

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Staff Report
March 26, 2024
ATTACHMENT 1
Draft Resolution

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RESOLUTION NO.

A RESOLUTION DECLARING APRIL 7 – APRIL 13, 2024 AS
NATIONAL LIBRARY WEEK.

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

SECTION 1: The City Council finds as follows:

A. National Library week is celebrated annually in April to highlight the valuable ro le libraries, librarians, and library workers play in transforming lives and strengthening our communities.

B. Libraries are accessible and inclusive places that foster a sense of local connection, advancing understanding, civic engagement, and shared comm unity goals;
C. Today’s libraries and their services extend far beyond the four walls of a building, and everyone is welcome to use their resources.

D. Libraries provide the opportunity for everyone to pursue their passions and engage in lifelong learning, allowing them to live their best life.

E. Libraries have long served as trusted institutions for all members of the community regardless of race, ethnicity, creed, ability, sexual orientation, gender identity, or socio-economic status.

F. Libraries strive to develop and maintain programs and collections that are as diverse as the populations they serve and ensure equity of access for all.

G. Libraries adapt to the ever -changing needs of their communities, continually expanding their collections, services, and partnerships.

H. Libraries play a critical role in the economic vitality of communities by providing internet and technology access, literacy skills, and support for job seekers, small businesses, and entrepreneurs.

I. Libraries are cornerstones of dem ocracy, promoting the free exchange of information and ideas for all.

J. Libraries, librarians, and library workers are joining library supporters and advocates across the nation to celebrate National Library Week; K. Be it resolved that the City of Monter ey Park officially proclaims National Library Week, April 7-13, 2024.

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Resolution No.

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SECTION 2: Electronic Signatures . This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.

SECTION 3: Recordation. The Mayor, or presiding officer, is authorized to sign this Resolution signifying its adoption by the City Council of the City of Monterey Park and the City Clerk, or her duly appointed deputy, may attest thereto.

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

PASSED AND ADOPTED this ___ day of ______________, 2024.

________________________________
Thomas Wong, Mayor

Attest:

__________________________
Maychelle Yee, City Clerk

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City Council Staff Report
DATE: March 26, 2024
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Robert Aguirre, Director of Recreation & Community Services SUBJECT: Tree Memorial Program Recommendation for Lani and Hans Liang RECOMMENDATION:

It is recommended that the City Council consider:

1. Authorizing the City Manager to take actions to honor Lani and Hans Liang with a memorial tree and plaque; and

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

EXECUTIVE SUMMARY:

Nominations for the Tree Memorial Recognition Program were advertised and accepted during the month of February 2024. The Recreation and Community Services Department received a nomination application for Lani and Hans Liang.

Subsequently, the Tree Memorial Program Committee, consisting of three Community Participation Commissioners and two Recreation and Parks Commissioners, met to review Lani and Hans Liang's nomination and discuss their consideration for a Tree Memorial based on the criteria established in Resolution Nos. 10485 and 11484 (Attachment 1).

The Committee reviewed the nomination application for Lani and Hans Liang (Attachment B). The committee voted unanimously to recommend that the City Council approve honoring Lani and Hans Liang with a Tree Memorial for their service and years and positive impact on the Monterey Park Community.

BACKGROUND:

Lani and Hans Liang are long-time Monterey Park residents who have served and volunteered to support Monterey Park City Departments, Commissions, and local non- profit organizations.

Lani Liang has assisted the City of Monterey Park and local organizations with translation services for various events. She has also worked with the American Cancer Society to coordinate hair donations during annual Lunar New Year celebrations. For many years Lani volunteered at the local Chao Hsing Chinese School and assisted the Bruggemeyer Library by collecting and donating numerous Chinese language books. She has volunteered countless hours at local senior homes and is an active Monterey Park Woman’s Club member.

Consent Calendar - 3H

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Staff Report
March 26, 2024

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Hans Liang has dedicated many years to serving the Monterey Park community. Hans served on the Monterey Park City Council from 2013-2022 and was Mayor twice during his tenure. Prior to his time on the City Council, Hans served as a Recreation and Parks Commission and Planning Commissioner. Hans has also been actively involved in organizations that support the city and neighboring communities: President of the Chinese Elected Officials 2022; Advisory Committee for the Asian Youth Center; member of the Monterey Park Woman’s Club; and past President of the Eastside Optimist Club.

Hans currently serves on the Advisory Board for the Monterey Park Healing Fund.

Lani and Hans Liang have contributed to the betterment of the Monterey Park community through their strong civic engagement and outstanding citizenship.

FISCAL IMPACT:

The Tree Memorial plaque and ceremony cost approximately $300, and funding is included in the FY 23-24 adopted budget in the Community Participation Division fund, account no. 1016508-5242.

Respectfully submitted by:

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

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

1. Resolutions 10485 and 11484

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Staff Report
March 26, 2024

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ATTACHMENT 1
Resolutions 10485 and 11484

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RESOLUTION NO. 10485

A RESOLUTION OF TIIE CITY COUNCIL OF TIIE CITY OF MONTEREY

PARK, CALIFORNIA TO ESTABLISH A TREE MEMORIAL NOMINATION

AND AWARD
WHEREAS, the City of Monterey Park would like to acknowledge important and distinguished members of the City, by recognizing them with the dedication of a tree in their honor; and,
WHEREAS, on August 18, 1999 the City Council of Monterey Park directed staff to form a Committee, consisting of2 members of the Recreation and Parks Commission and 2 members from the Historical Heritage Commission, to establish guidelines regarding an individual being considered for a Tree Memorial; and,
WHEREAS, members of the above mentioned Commissions have met and have submitted their recommendations to the City; and,
WHEREAS, City has incorporated these recommendations into a nomination ~ process and award to honor such individuals; and,
WHEREAS, each February a committee of3 members of the Historical Heritage Commission and 2 members of the Recreation and Parks Commission will be assembled as a Nomination Committee to accept applications for nominations; and, WHEREAS, the Nomination Committee, will review nominations for an honor based on the submission of proper documentation and requirements, and, follow guidelines as set forth by the Tree Memorial Committee, and subsequent alternatives as recommended by staff; and,
WHEREAS, the Nomination Committee will make their recommendations to the City Council in April, with a dedication ceremony to be held in May, close to the anniversary of the City's Incorporation.

NOW, THEREFORE, BE IT RESOLVED that the City of Monterey Park hereby adopts the establishment of the Tree Memorial Nomination and Award, and designates staff to authorize a nomination committee as specified above to accept, review and nominate distinguished individuals as indicated in the following sections.

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Resolution No. 10485
Page2
SECTION 1

MEMORIAL PLAQUE I TREE
Plaques to be consistent with plaques that are existing in front of City Hall. Trees that are to be purchased will be of similar type as existing. Cost for the plaques will be charged to the person or group who nominates the individual ($500.00) City Council may waive fees at its discretion.

SECTION II
A.

QUALIFICATIONS
The consideration for selection must include a substantial history of Community Service. For Example:

1. 2.

3. 4.

Individual should have been a long term resident (I 0 years or more) in the City of Monterey Park, and should have provided a service benefit to the entire Community, in one or more of the following ways:

Served on a City elected or appointed position for at least two terms or 5 years, whichever is greater;
Voluntarily served the City as an officer, or board member of, one or more City recognized Service Clubs, volunteer community based organizations or other City service and charitable service organizations, which provide a direct service to Monterey Park residents;
A long term community business leader who has served the Community through his/her financial or voluntary efforts to one or more service and charitable service organization or non profit organization in the City of Monterey Park for a period of no less than 10 years.

An individual, resident or non resident, who has made a significant or cumulative and positive impact on the Community.

B. The term "servedn means that the individual must demonstrate an active role in providing a benefit to the Monterey Park Community, in addition to service to City service and charitable service organizations.

C. Special consideration without regard to the above mentioned qualifications, should be given to an individual, resident or non resident, who has deceased while performing service to our community.

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Resolution No. 10485
Page3

SECTION III

NOMINATION PROCESS
A Nominations to be submitted, accepted and considered only one time per year. No limit as to the number of years nominated. No limits imposed on the nomination committee as to how many individuals are recommended each year.

B. Interested parties will be required to fill out an application which will require detailed justification for consideration, provide a picture and other suitable materials deemed necessary. In order to further determine merit, and to add significance to the prestige of the memorial, any individual whose name is put forth should be supported by at least three letters of reference by community members indicating the contribution made and significance, in their opinion.

C. A nomination committee consisting of 5 members from the two Commissions, 3 Historical Heritage and 2 Recreation and Parks, shall be assigned to review the application and consider the qualifications.

D. The time period for nominations are in February, with a selection and ceremony to be held in May, close to the anniversary of the City's incorporation.
'

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Resolution No. 10485

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PASSED AND APPROVED AND ADOPTED this 15th day of March, 2000.

ATTEST:
~~
David M. Barron, City Clerk
City of Monterey Park,
California
StateofCalifornia )
County of Los Angeles ) ss.

City of Monterey Park )
~ela,Mayor
City of Monterey Park
California
I, David Barron, City Clerk of the City of Monterey Park, California, do hereby certify that the foregoing Resolution No.1048Was duly and regularly adopted by the City Council of the City of Monterey Park at a meeting held on the 15 day of March , 2000, by the following vote:

AYES: COUNCILMEMBERS: CBU, BALDERRAMA, ALONSO, VENTI, VALENZUELA NAES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
Dated this 15th day of March '2000.
~~
David M. Barron, City Clerk
City of Monterey Park
California

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RESOLUTION NO. 11484
A RESOLUTION AMENDING RESOLUTION NO. 10485

REGULATING THE PROCEDURES FOR NOMINATIONS AND
ERECTING TREE MEMORIALS.

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

SECTION 1: The City Council finds as follows:

A. In 2000, the Monterey Park City Council adopted a resolution to honor community members whose contributions have made a significant impact on the City of Monterey Park by establishing a Tree Memorial Program, and
B. The City Council believes the display of the these trees and plaques enhances City facilities and inspires citizens to contribute to their community; and
C. It is in the public interest for persons recognized with a Tree Memorial to be so honored without the need for paying a fee.

SECTION 2: Amendments. Resolution No. 10485 is amended as follows :

A. Section 1 is amended in its entirety to read as follows: "Plaques to be consistent with plaques that are existing in front of City Hall.

Similar existing trees at Garvey Ranch Park will be used." B. Subsection A of Section 3 is amended in its entirety to read as follows: "Nominations may be submitted, accepted, and considered only once per year. There is no limit to the number of years in which a person may be nominated. Only three nominations will be recommended to the City Council per year. A person may only receive this honor once."
SECTION 3: City Manager Authorization. The city manager is authorized to promulgate administrative policies and procedures to implement and facilitate the directives set forth in this Resolution.

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

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RESOLUTION NO. 11484

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PASSED AND ADOPTED this 2nd day of May, 2012.

ATTEST:

ILJ)h~vw--
(DaVidBirTOn, CMC, City Clerk
Monterey Park, Cal" rnia
By:

STATE OF CALIFORNIA )

COUNTY OF LOS ANGELES ) SS

CITY OF MONTEREY PARK )
I, DAVID M. BARRON, CMC, City Clerk of the City of Monterey Park, California, do hereby certify that the foregoing Resolution No.11484 was duly and regularly adopted by the City Council of the City of Monterey Park at a meeting held on the 2nd day of May, 2012, by the following vote:

Ayes:

Naes:

Absent:

Abstain:

Council Members: Chu, Wong, Real Sebastian, lng, Lau
Council Members: None
Council Members: None
Council Members: None
Dated this 2nd day of May 2012.
/L;!Jvt6
David Barron, CMC, City~
Monterey Park, California

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City Council Staff Report
DATE: March 26, 2024
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: Accepting and appropriating reimbursement funds received from the City of Rosemead related to the 2022-2023 Street Rehabilitation Project at various locations citywide.

RECOMMENDATION
It is recommended that the City Council consider:

1. Authorizing the Director of Public Works to approve change orders and contingency up to $ 1,163,057.80, or approximately 17% of the original contract amount for a total project cost of $8,028,756.80;

2. Accepting and appropriating reimbursement funds received from the City of Rosemead, for costs related to its portion of work on New Avenue, in the amount of $133,202.80 to the Capital Improvement Project No. 96031 budget; and

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

CEQA (California Environmental Quality Act)
The City reviewed the environmental impacts of the Project under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq., the “CEQA Guidelines”). CEQA Guidelines §§ 15060(c)(2), 15061(b)(3), and 15378 exempt activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, activities where there is possibility that it may have a significant effect on the environment, and activities that do not constitute a “project” as defined, respectively.

This activity is for general policies and procedure-making consisting of receiving and appropriating funds. Accordingly, this activity is exempt from further review pursuant.

EXECUTIVE SUMMARY
One of the streets included in the 2022-2023 Street Rehabilitation Project (the “Project”) is New Avenue which is a shared street with the City of Rosemead (“Rosemead”). On or about March 05, 2024, Rosemead reimbursed the City of Monterey Park (“City”) for costs associated with the rehabilitation of a portion of New Avenue that is owned by Rosemead.

The reimbursement amount is $132,202.80 and includes costs for road improvements and project management.

Staff recommends that the City Council increase the contingency amount budgeted for the Project from $1,029,855 to $1,163,057.80 to ensure that all funds under the Street Bond are used to rehabilitate additional streets.

Consent Calendar - 3I

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Staff Report
March 26, 2024

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BACKGROUND
New Avenue is a street that the City shares with Rosemead. On May 9, 2023, Rosemead City Council approved a reimbursement agreement with the City for the rehabilitation of New Avenue. The City was expected to receive approximately $152,095.05 as reimbursement for improvements along New Avenue, and was the lead agency providing project management. The City recently received reimbursement in the amount of $133,202.80 using final work and quantities for New Avenue.

Staff recommends that the entire reimbursement amount of $133,202.80 be appropriated to the Project’s contingency amount so it can be used to rehabilitate additional streets.

FISCAL IMPACT
Funds for Phase 2 of the Project were budgeted in the FY 2022-2023 Capital Improvement Project ( “CIP”) as Project No. 96031. The total estimated project cost for Phase 2 is $8,582,124 including 1 7% contingency, construction management, and inspection. Rosemead reimburse d the City a total of $133,202.8 for costs related to its portion of work on New Avenue.

CIP #96031 – 2022-23 Street Rehabilitation at Various Locations – Phase 2 Base Bid $6,865,699
Contingency (15%) $1,163,057.80
Project/Construction Management/Inspection (10%) $686,570 Total Estimated Project Cost $8,715,326.80
Project Budget $8,715,326.80

Respectfully submitted and prepared 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

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4891-3594-9228 v1
City Council Staff Report
DATE: March 26, 2024
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: 2024 Sewer Manhole Rehabilitation – Award of Contract RECOMMENDATION:

It is recommended that the City Council consider:

1. Authorizing the City Manager to execute a public works contract, in a form approved by the City Attorney, with Sancon Technologies, Inc., in the amount of $156,045 for the 2024 Sewer Manhole Rehabilitation Project, CIP 99026;

2. Authorizing the Director of Public Works to approve change orders and contingency up to $23,407 (15%) of the contract amount, for a total project cost of $179,452; and

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

CEQA (California Environmental Quality Act):

It is recommended that the City Council find that the proposed work is exempt from additional environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines (14 Cal. Code of Regs. § 15000, et seq.) § 15301(c) (Existing Facilities) which exempts the operation, repair, maintenance, alteration of existing public or private structures which involve negligible or no expansion of existing or former use. Subsection (c) of Section 15301 notes that repair of existing highways and streets, sidewalks, gutters, and bicycle and pedestrian trails—like the proposed work— are exempt from CEQA if additional automobile lanes are not created.

EXECUTIVE SUMMARY
Per Resolution No. 2023-R52, the Public Works Director solicited bids for the 2024 Sewer Manhole Rehabilitation project, Capital Improvement Project No. 99026. One bid was received on February 28, 2024 from Sancon Technologies, Inc. Staff recommends that the City Council authorize the City Manager to execute a Public Works contract with Sancon Technologies, Inc., responsible bidder, for the 2024 Sewer Manhole Rehabilitation project in the amount of $156,045, plus 15% contingency for a total of $179,452.

The City Council may also reject all bids and readvertise the project.

BACKGROUND
The 2023-24 Capital Improvement Program includes the 2024 Sewer Manhole Rehabilitation project as Project No. 99026 to be funded by Fund #411 Sewer Funds. The Consent Calendar - 3J

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Staff Report

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March 26, 2024
4891-3594-9228 v1
proposed project involves improvements at thirteen (13) manholes with varying depths from 7-feet to 11-feet. Improvements consist of installation of temporary flow-through sewage bypass systems, manhole cleaning, surface preparation, mineral deposit removal, concrete spot repairs, infiltration mitigation and manhole coating.

Bids for this Public Works project were received on February 28, 2024, and includes the following bid:

RANK BIDDER BASE BID
AMOUNT
1 Sancon Technologies, Inc $156,045
The bid submitted by Sancon Technologies was the only responsive bid from a responsible bidder. Sancon Technologies, Inc.’s contractor’s license was verified with the California State Contractor’s License Board to be current, active and in good standing.

Registration with the California Department of Industrial Relations (DIR) was verified.

Staff also checked the contractor’s references and received positive feedback.

FISCAL IMPACT
The proposed project is budgeted in the 2023-2024 fiscal year Capital Improvement Program under CIP 99026 and is funded by Fund # 411 Sewer Fund. The total estimated project cost for this project is $191,952.00, including the contract amount, contingency, and construction management and inspection.

CIP 99026 – 2024 Sewer Manhole Rehabilitation
Construction Contract Amount (Sancon Technologies, Inc.) $156,045.00 Contingency (15%) $23,407.00
Project/Construction Management/Inspection $12,500.00
Total Estimated Project Cost $191,952.00

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Staff Report

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March 26, 2024
4891-3594-9228 v1
Respectfully submitted & prepared by: Reviewed by:

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

Inez Alvarez
City Manager
Ephraim S. Margolin
Deputy City Attorney

ATTACHMENTS

1. Sancon Technologies, Inc. Bid Proposal

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Staff Report
March 26, 2024
4891-3594-9228 v1
ATTACHMENT 1
Sancon Technologies, Inc. Bid Proposal

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City Council Staff Report
DATE: March 26, 2024
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: Memorandum of Agreement for the Coordinated Integrated Monitoring Program Additional Costs
RECOMMENDATION:

It is recommended that the City Council consider:

1. Authorizing the City Manager to execute the Memorandum of Agreement, in a form approved by the City Attorney, for the additional costs of $22, 799.02 for the Coordinated Integrated Monitoring Program and Enhanced Watershed Management Plan for the Upper Los Angeles River Watershed Management Area; and

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

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

The activity consists of comprehensive data collection efforts to monitor the aquatic toxicity that is present in downstream receiving waters. The purpose of the project is to determine if possible actions are necessary to protect natural resources and the environment. Subsequent actions undertaken to protect the environment will be evaluated separately under the CEQA Guidelines. Accordingly, this activity is exempt from further review.

EXECUTIVE SUMMARY:

On April 18, 2018, City Council approved the Memorandum of Agreement (“ MOA”) with the San Gabriel Valley Council of Governments to cooperatively share costs in the Consent Calendar - 3K

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Staff Report

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March 26, 2024
implementation of the Coordinated Integrated Monitoring Program (“CIMP”) and E
nhanced Watershed Management Plan (“EWMP”) for the Upper Los Angeles River Watershed Management Area. The CIMP activities ended up costing more than initially scoped and the City’s share of the cost for the overage is $22,799.02. Staff is requesting that City Council authorize the City Manager to execute a new MOA for the additional cost.

BACKGROUND:

On November 6, 2013, City Council approved Monterey Park’s participation in the City of Los Angeles’ collaborative effort to develop the CIMP and EWMP as a means to comply with the Municipal Separate Storm Sewer System (“MS4”) permit that was adopted by the California Regional Water Quality Control Board, Los Angeles Region. The collaboration includes a total of 19 jurisdictions.

The scope of work for the CIMP include d installation and maintenance of sampling sites to determine levels of contamination of storm water discharges into the watershed area.

The CIMP was a highly technical program t o verify the effectiveness of the EWMP as it is implemented. The cost for the City to undertake this effort alone would likely have been much higher than the collaborated effort with other jurisdictions.

On April 18, 2018, City Council agreed to cooperatively share the costs of the implementation of the CIMP based on the cost estimates. The final costs for the effort are higher than initially scoped due to delays in permitting and unpredictable wet weather periods. In addition, some monitoring stations experienced acts of vandalism that required them to be either rebuilt or fortified.

The overages were reported at the Upper Los Angeles River Watershed Management monthly meetings in 2020 but the reconciliation of the final costs did not become available until February 2024. The new Memorandum of Agreement is also with the San Gabriel Valley Council of Governments (SGVCOG) that is the contract administrator for the program.
2023-2024 STRATEGIC PLAN GOAL:

T
he CIMP i s a collaborative effort to addre ss stormwater contamination locall y and regionally. Participation in this program supports the City’s sustainability goal.

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Staff Report

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March 26, 2024
FISCAL IMPACT:

Costs related to stormwater programs are paid with the Refuse Fund (421). The current year budget (FY 2023-2024) has sufficient funds to cover the City’s share of cost of $22,799.02.

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
ATT

ACHMENT

1. Memorandum of Agreement with San Gabriel Valley Council of Governments

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Staff Report
March 26, 2024
ATTACHMENT 1
Memorandum of Agreement with
San Gabriel Valley Council of Governments

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MEMORANDUM OF AGREEMENT

BETWEEN THE SAN GABRIEL V ALLEY COUNCIL OF GOVERNMENTS

AND THE CITY OF MONTEREY PARK

This Memorandum of Agreement (“MOA”) is made and entered into as of the date of execution set forth below by and between the City of Monterey Park, a municipal corporation (“City”), and the San Gabriel Valley Council of Governments, a California joint powers authority (“SGVCOG”). City and SGVCOG may be referred to herein collectively as the “Parties” or individually as a “Party.”

RECITALS:

WHEREAS, the U.S. Environmental Protection Agency (USEPA) and the California Regional Water Quality Control Board, Los Angeles Region (Regional Board) have classified the Greater Los Angeles County Municipal Separate Storm Sewer System (MS4) as a large MS4 pursuant to 40 Code of Federal Regulations (CFR) section 122.26(b)(4) and a major facility pursuant to 40 CFR section 122.2; and

WHEREAS, the 2012 MS4 Permit became effective on December 28, 2012, and required that the Los Angeles County Flood Control District ( LACFCD), the County of Los Angeles ( COUNTY), and 84 of the 88 cities within the County comply with its prescribed elements; and

WHEREAS, the 2021 MS4 Permit became effective on September 11, 2021, superseding the 2012 MS4 Permit, and requires the COUNTY , LACFCD, 85 cities within the coastal watersheds of Los Angeles County, the Ventura County Watershed Protection District, the County of Ventura, and 10 cities within Ventura County to comply with its prescribed elements; and

WHEREAS, the MS4 Permit identifies the City as an MS4 permittee responsible for compliance with the Permit’s requirements pertaining to the City’s jurisdictional area in the Upper Los Angeles River Watershed Management Area; and

WHEREAS, the cities of Alhambra, Burbank, Calabasas, Glendale, Hidden Hills, La Canada Flintridge, Los Angeles, Montebello, Monterey Park, Pasadena, Rosemead, San Fernando, San Gabriel, San Marino, South El Monte, South Pasadena, and Temple City and LACFCD and the COUNTY formed the Upper Los Angeles River Watershed Management Group (ULAR WMG) to collaborate on the Watershed Management Program (WMP) and the Coordinated Integrated Monitoring Program (CIMP) in accordance with the MS4 Permit, with the City of Los Angeles serving as the ULAR WMG lead agency; and

WHEREAS, the ULAR WMG agencies executed an agreement to collaborate on the development of a WMP and a CIMP in accordance with the MS4 Permit for a portion of the Upper Los Angeles River Watershed Management Area to comply with all applicable monitoring requirements of the MS4 Permit (the “ULAR WMG MOA”); and

WHEREAS, the ULAR WMG agencies agreed to cooperatively share and fully fund the costs of the implementation of the CIMP and WMP and agreed to have the SGVCOG invoice and collect funds from each of the ULAR WMG agencies to cover the costs of implementation; and

WHEREAS, per Section 8.c. of the ULAR WMG MOA, if the City of Los Angeles incurred costs greater than the contract estimates contained in Exhibit A of the ULAR WMG MOA, the ULAR WMG agencies

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agreed to pay the City of Los Angeles (through SGVCOG) for their proportional share of the additional expenditures at an amount not to exceed ten percent (10%) of their proportional annual cost; and

WHEREAS, the City’s proportional share of the additional expenditures exceeds ten percent, and any costs which exceed this ten percent (10%) contingency required an amendment to the ULAR WMG MOA.

The ULAR WMG MOA expired on June 30, 2023, and the SGVCOG and the ULAR WMG agencies were unable to amend the ULAR WMG MOA before its expiration due to the reconciliation process; and

WHEREAS, the SGVCOG will be entering into new agreements with ULAR WMG agencies that incurred costs which exceed their ten percent (10%) contingency; and

NOW, THEREFORE, the SGVCOG and City desire to enter into a new agreement in which the SGVCOG will invoice the City for its proportional share of the additional expenditures and agree as follows:

I. RECITALS:

The above Recitals are made a substantive part of this MOA.

II. TERM:

The term of this MOA shall become effective upon execution by both Parties and shall continue until the City’s payment of the invoice per Section III.

III. INVOICING AND PAYMENT:

The SGVCOG will invoice the City in an amount not exceeding $22,799.02. The City shall pay the invoice within sixty (60) days of receipt of the invoice from the SGVCOG.

IV. NOTICES/INVOCES:

Any notices, bills, invoices, or reports relating to this MOA, and any request, demand, statement, or other communication required or permitted hereunder shall be in writing and shall be delivered to the representatives of the City and/or SGVCOG at the respective addresses set forth in Exhibit A attached hereto and incorporated herein by reference. The City and SGVCOG shall promptly notify each other of any change of contact information, including personnel changes, provided in Exhibit A. Written notice shall include notice delivered via e-mail or fax. A notice shall be deemed to have been received on (a) the date of delivery, if delivered by hand during regular business hours, or by confirmed facsimile or by e- mail; or (b) on the third (3rd) business day following mailing by registered or certified mail (return receipt requested) to the addresses set forth in Exhibit A.

[Signature page to follow.]

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IN WITNESS WHEREOF, the City and SGVCOG hereto have caused this MOA to be executed by their duly authorized representatives and affixed as of the date of signature of the Parties:

FOR THE CITY OF MONTEREY PARK:

By:___________________________
Inez Alvarez
City Manager

Date:__________________________

APPROVED AS TO FORM:

_______________________________
Karl H. Berger
City Attorney

FOR THE SAN GABRIEL VALLEY
COUNCIL OF GOVERNMENTS:

By: ____________________________
Marisa Creter
Executive Director

Date:___________________________

APPROVED AS TO FORM:

________________________________
David DeBerry
General Counsel

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EXHIBIT “A”

ULAR WMG Agency Representatives

[Behind this page.]

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Upper Los Angeles River Watershed Management Area Agency Representatives

Agency Address Agency Contact
City of Los Angeles Department of Public Works
Bureau of Sanitation, Watershed Protection Division
1149 S. Broadway
Los Angeles, CA 90015
Alfredo Magallanes
E-mail: [email protected]
Phone: (213) 485-3958
County of Los Angeles Department of Public Works
Stormwater Quality Division, Building A-9 East, 1st
Floor 1000 South Fremont Avenue
Alhambra, CA 91803
Mark Lombos
E-mail: [email protected]
Phone: (626) 300-4665
Los Angeles County Flood Control District Department
of Public Works
Stormwater Quality Division, Building A-9 East, 1st
Floor 1000 South Fremont Avenue
Alhambra, CA 91803
Jalaine Verdiner
E-mail: [email protected]
Phone: (626) 300-4666
City of Alhambra
111 South First Street
Alhambra, CA 91801-3796
David Dolphin
E-mail: [email protected]
Phone: (626) 300-1571
City of Burbank
P.O. Box 6459
Burbank, CA 91510
Stephen Walker
E-mail: [email protected]
Phone: (818) 238-3804
City of Calabasas
100 Civic Center Way
Calabasas, CA 91302-3172
Tatiana Holden
E-mail: [email protected]
Phone: (818) 224-1600
City of Glendale
Engineering Section
633 East Broadway, Room 209 Glendale, CA 91206-
4308
Maurice Oillataguerre
E-mail: [email protected]
Phone: (818) 550-4511
City of Hidden Hills
6165 Spring Valley Road
Hidden Hills, CA 91302
Joe Bellomo
E-mail: [email protected]
Phone: (805) 279-6856
City of La Canada Flintridge
1327 Foothill Blvd.

La Canada Flintridge, CA 91011-2137
Patrick DeChellis
E-mail: [email protected]
Phone: (818) 790-8882

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City of Montebello
1600 W Beverly Blvd
Montebello, CA 90640
James A. Enriquez
E-mail: [email protected]
Phone: 323-887-1200
Rita Montalvo
E-mail: [email protected]
Phone: 323-887-1200 Ext 469
City of Monterey Park
320 West Newmark Avenue
Monterey Park, CA 91754-2896
Xochitl Tipan
E-mail: [email protected]
Phone: (626) 307-1383
City of Pasadena Dawn Petschauer
E-mail: [email protected]
Phone: (626) 744-3929
100 N Garfield Ave
Pasadena, CA 91101-1726
City of Rosemead
8838 East Valley Blvd.

Rosemead, CA 91770-1787
Michael Chung
E-mail: [email protected]
Phone: (626) 569-2158
Eddie Chan
E-mail: [email protected]
Phone: (626) 569-2154
City of San Fernando
117 Macneil Street
San Fernando, CA 91340
Kenneth Jones
Email: [email protected]
Phone: (818) 898-1240
City of San Gabriel
425 South Mission Avenue
San Gabriel, CA 91775
Greg De Vinck
E-mail: [email protected]
Phone: (626) 308 - 2825
Capucine Hernandez
E-mail: [email protected]
Phone: (626) 308-2825
City of San Marino
2200 Huntington Drive
San Marino, CA 91108-2691
Amber Shah
E-mail: [email protected]
Phone: (626) 300 - 0787
City of South El Monte
1415 Santa Anita Ave.

South El Monte, CA 91733
Rene Salas
E-mail: [email protected]
Phone: (626) 579-6540
Fax: (626) 579-2409
City of South Pasadena
1414 Mission Street
South Pasadena, CA 91020-3298
Ted Gerber
E-mail: [email protected]
Phone: (626) 403-7240
City of Temple City
9701 Las Tunas Drive
Temple City, CA 9178
Andrew Coyne
E-mail: [email protected]
Phone: (626) 285-2171 Ext. 4344
San Gabriel Valley Council of Governments
1333 Mayflower Avenue, Suite 360
Monrovia, CA 91016
Marisa Creter
Email: [email protected]
Phone: (626) 457-1800

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City Council Staff Report
DATE: March 26, 2024
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Inez Alvarez, City Manager
SUBJECT: Public Hearing to Consider TEFRA Funding for the Monterey Park Senior Village
RECOMMENDATION:

It is recommended that the City Council consider:

1. Conducting a public hearing under the Tax and Equity Fiscal Responsibility Act (“TEFRA”) and the Internal Revenue Code of 1986 in connection with the proposed issuance of revenue bonds by the California Municipal Finance Authority (the “CMFA”), a joint exercise of powers authority and public entity of the State of California, in an amount not to exceed $40,000,000 (the “Bonds”) to finance or refinance the acquisition, rehabilitation, improvement and equipping of a senior multifamily rental housing project , Monterey Park Senior Village, located at 1935 Potrero Grande Drive, Monterey Park, California (the “Project”);

2. Adopting a resolution to become a member of the CMFA and approving the financing of the Project by the CMFA; and

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

EXECUTIVE SUMMARY:

In February 2024, the Borrower, AMG & Associates, LLC, requested that the California Municipal Finance Authority (CMFA) serve as the municipal issuer of the Bonds in an aggregate principal amount not to exceed $40,000,000 of tax-exempt revenue bonds.

The proceeds of the Bonds will be used to finance or refinance the acquisition, rehabilitation, improvement and equipping of a senior multifamily rental housing project located at 1935 Potrero Grande Drive, Monterey Park, California.

The legal notice of this hearing was published in the Monterey Park Progress and posted at City Hall, Monterey Park Bruggemeyer Library, and Langley Center on March 18, 2024, with affidavits of posting on file.

BACKGROUND:

In February 2024, AMG & Associates, LLC requested that the CMFA serve as the municipal issuer of the Bonds in an aggregate principal amount not to exceed $40,000,000 of tax -exempt revenue bonds. The proceeds of the Bonds will be used to finance or refinance the acquisition, rehabilitation, improvement and equipping of a senior multifamily rental housing project located at 1935 Potrero Grande Drive, Monterey Park, California.

Public Hearing - 4A

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Staff Report

Page 2 of 3 ends

March 26, 2024

In order for all or a portion of the Bonds to qualify as tax -exempt bonds, a public entity must hold a public hearing (the “TEFRA Hearing”) providing for the members of the community an opportunity to speak in favor of or against the use of tax-exempt bonds for the financing of the Project. Here, AMG & Associates requested that the City hold the hearing; it has agreed to reimburse the City for all costs associated with conducting that public hearing.

In order for the CMFA to have the authority to serve as the issuer of the bonds for the Project, it is necessary for the City of Monterey Park to become a member of the CMFA.

Attached to this report is a copy of the Joint Exercise of Powers Agreement to be executed by the City.

The Joint Exercise of Powers Agreement provides that the CMFA is a public entity, separate and apart from each member executing such agreement. The debts, liabilities and obligations of the CMFA do not constitute debts, liabilities or obligations of the the City.

The Joint Exercise of Powers Agreement expressly provides that the City may withdraw from such agreement upon written notice to the Board of Directors of the CMFA. In the case of the proposed bond financing for the Borrower, the City following its execution of the Joint Exercise of Powers Agreement, could, at any time following the issuance of the Bonds, withdraw from the CMFA by providing written notice to the Board of Directors of the CMFA.

2023-2024 STRATEGIC PLAN GOAL:

This item helps meet the Housing goal of the City Council by assisting in the funding of rehabilitation for a senior housing project in Monterey Park.

FISCAL IMPACT:

The Bonds to be issued by the CMFA for the Project will be the sole responsibility of the Borrower, and the City will have no liability or responsibility for the Project or the repayment of the Bonds for the financing of the Project. All financing documents with respect to the issuance of the Bonds will contain clear disclaimers that the Bonds are not obligations of the City or the State of California, but are to be paid for solely from funds provided by the Borrower.

There are no costs associated with membership in the CMFA and the City will in no way become exposed to any financial liability by reason of its membership in the CMFA. In addition, participation by the City in the CMFA will not impact the City’s appropria tions limits and will not constitute any type of indebtedness by the City. Outside of holding the TEFRA hearing, adopting the required resolution and executing the Joint Exercise of Powers Agreement of the CMFA, no other participation or activity of the Ci ty or the City Council with respect to the issuance of the Bonds will be required.

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Monterey Park City CouncilMarch 26, 2024

Monterey Park City Council
March 26, 2024