Monterey Park City Council
October 2, 2024

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 special meeting of May 22, 2024; and

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

EXECUTIVE SUMMARY:

None.

BACKGROUND:

None.

FISCAL IMPACT:

None.

Respectfully submit
ted, 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: October 2, 2024
AGENDA ITEM NO: Consent Calendar - 3A

Staff Report
October 2, 2024
ATTACHMENT 1
Draft Minutes

72-XXX

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)

SPECIAL MEETING
MAY 22, 2024

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 Special Meeting of the Council in the Council Chamber, located at 320 West Newmark Avenue in the City of Monterey Park, Wednesday, May 22, 2024, at 5:30 p.m.

CALL TO ORDER:

Mayor Wong called the meeting to order at 5:33 p.m.

FLAG SALUTE:

Mayor Wong led the flag salute.

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, Assistant City Manager Diana Garcia, City Librarian Kristin Olivarez, Director of Public Works Shawn Igoe, Director of Recreation and Community Services Robert Aguirre, Director of Finance Martha Garcia, Community Development Director Jessica Serrano, Director of Human Resources and Risk Management Christine Tomikawa, Police Chief Scott Wiese, Interim Fire Chief Chris Thompson, Finance Manager Laura Borjon, Planning Manager Beth Chow, Recreation Manager Christina Alatorre, Senior Librarian Leoni e Jordan, Senior Librarian Lauren Fraizer, Senior Librarian Cathleen Bowley, Principal Management Analyst (City Manager’s Office) Andrew Lee, Principal Management Analyst (Police) Angela Loera, Principal Management Analyst (Fire) Rebecca Bojorquez, Public Work s Manager Chris Reyes, Human Resources Risk Management Manager Julie DeZiel, IT Manager Stanley Ardon, City Consultant Ziad Mazboudi, Deputy City Clerk Cindy Trang

VIRTUALLY PRESENT: None.

AGENDA ADDITIONS, DELETIONS, CHANGES AND ADOPTIONS: None.

72-XXX
May 22, 2024

PUBLIC COMMUNICATIONS: None.

STAFF COMMUNICATIONS

- Public Works: Director of Public Works Igoe announced the celebration of Public Works Week and invited the community to Public Works Open House at the City Yard on May 23, 2024.

- Recreation & Community Services: Director of Recreation and Community Services Aguirre provided a recap on the opening of the Highlands Playground and the Playdays event and invited the community to the Memorial Day Commemoration on May 27 and the 4
th Annual Pride Parade & Festival on June
1, 2024.

1. PRESENTATION – None.

2. OLD BUSINESS – None.

3. CONSENT CALENDAR ITEMS NOS. 3A-3F

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.

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

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

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

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

3-A. MONTHLY INVESTMENT REPORT – APRIL 2024

As of April 30, 2024, invested funds for the City of Monterey Park total $73,297,314.95.

Action Taken: The City Council received and filed the monthly investment report, on Consent Calendar.

72-XXX
May 22, 2024

3-B. CONSIDERATION OF A RESOLUTION TO ADOPT GUIDELINES FOR BATCH

BROADBAND PERMIT PROCESSING OF WIRELESS TELE -

COMMUNICATIONS FACILITIES

Government Code § 65964.3 requires cities to use “batch broadband permit processing” when they: (1) receive two or more broadband permit applications for “substantially similar broadband project sites;” (2) applications are submitted at the same time; and (3) by the same applicant.

Government Code § 65964.3 defines “substantially similar broadband project sites” as “broadband project sites that are nearly identical in terms of equipment and general design, but not location.” It does not, however, define what the phrase “nearly identical in terms of equipment and general design, but not location” means.

The proposed Resolution would, if adopted, establish guidelines defining what the phrase “nearly identical in terms of equipment and general design, but not location” means.

CEQA (California Environmental Quality Act):

The proposed Resolution is exempt from additional environmental review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA regulations (14 California Code of Regulations (“CCR”) §§ 15000, et seq.) because it establishes guidelines for batch broadband permit processing of wireless telecommunications facilities, which does not involve any commitment to a specific project which could result in a potentially significant physical impact on the environment; and constitutes an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. Accordingly, this Resolution does not constitute a “project” that requires environmental review (see specifically 14 CCR § 15378(b)(4-5)).

Action Taken: The City Council adopted Resolution No. 2024- R34 establishing guidelines for the batch broadband permit processing of wireless telecommunications facilities, on Consent Calendar.

Resolution No. 2024-R34

A RESOLUTION ADOPTING REGULATIONS FOR BATCH BROADBAND

PERMIT PROCESSING OF WIRELESS TELECOMMUNICATIONS FACILITIES

3-C. ESTABLISHING THE SATURN PARK ADVISORY REVIEW COMMITTEE (“SPARC”)

On April 9, 2024, the Planning Commission considered future land uses at McCaslin Business Park as contemplated by the Land Use Element (“LUE”) to the General Plan (approved by voters in 2020). A copy of the April 9 th staff report is
attached for reference to this staff report.

72-XXX
May 22, 2024

During a subsequent Planning Commission meeting on April 15, 2024, Planning Commissioners expressed support for various land uses within the McCaslin Business Park to implement the vision expressed in the LUE. Based upon those discussions, it seems prudent for the City to solicit public input to adopt new land use regulations for what the LUE identifies as “Saturn Park.” The LUE was guided by a citizen’s oversight committee identified as the “General Plan Advisory Committee”; it is recommended that the City Council create the “Saturn Park Advisory Review Committee” or “SPARC” as described below.

Public Speaker:

- Maychelle Yee, resident, expressed her concerns regarding the development of the proposed area and suggested amending the recommendation to allow the community to appoint 3 members and asked for consideration to appoint her as one of the community members.

Action Taken: The City Council e stablished the Saturn Park Advisory Review Committee (“SPARC”) initially comprised of Mayor Thomas Wong, Mayor Pro Tem Vinh Ngo, and Assistant City Manager Diana Garcia, as amended to allow the initial committee to determine the numbers of appointment s of community members.

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

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

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

3-D. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY PARK, CALIFORNIA, DECLARING MAY 18, 2024, AS NATIONAL ASIAN AMERICAN

AND PACIFIC ISLANDER DAY AGAINST BULLYING AND HATE
(REQUESTED BY MAYOR WONG)

Action Taken: The City Council adopted Resolution No. 2024-R35 declaring May 18, 2024, as National Asian American and Pacific Islander Day Against Bullying and Hate, on Consent Calendar.

Resolution No. 2024-R35

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY PARK, CALIFORNIA, DECLARING MAY 18, 2024, AS NATIONAL ASIAN AMERICAN

AND PACIFIC ISLANDER DAY AGAINST BULLYING AND HATE

72-XXX
May 22, 2024

3-E. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY PARK RECOGNIZING THE MONTH OF JUNE 2024 AS LGBTQ+ PRIDE MONTH (REQUESTED BY COUNCIL MEMBER LO)

Action Taken: The City Council adopted Resolution No. 2024- R36 recognizing the month of June 2024 as LGBTQ+ pride month, on Consent Calendar.

Resolution No. 2024-R36

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY PARK RECOGNIZING THE MONTH OF JUNE 2024 AS LGBTQ+ PRIDE MONTH

3-F. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY PARK, CALIFORNIA, DECLARING AND RECOGNIZING THE MONTH OF MAY 2024

AS MISSING AND MURDERED INDIGENOUS PEOPLE AWARENESS MONTH (REQUESTED BY COUNCIL MEMBER LO)

Action Taken: The City Council adopted Resolution No. 2024-R37 declaring and recognizing the month of May 2024 as Missing and Murdered Indigenous People Awareness Month, on Consent Calendar.

Resolution No. 2024-R37

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY PARK, CALIFORNIA, DECLARING AND RECOGNIZING THE MONTH OF MAY 2024 AS

MISSING AND MURDERED INDIGENOUS PEOPLE AWARENESS MONTH

4. PUBLIC HEARING – None.

5. NEW BUSINESS

5-A. DISCUSSION AND DIRECTION REGARDING RETAIL THEFT LEGISLATION

The California Legislature recently introduced several measures intended to strengthen public safety, protect shoppers and businesses, and improve quality of life throughout the state by addressing the increase in retail theft. The League of California Cities recently requested that member cities consider supporting these measures. Council may direct staff to draft a letter of support for some or all of the measures listed in the staff report.

Action Taken: The City Council ensued in discussion on multiple bills pending in the California Legislature that would address retail theft and directed staff to draft a letter regarding criminal justice reform concerning the needs of the community and business members.

72-XXX
May 22, 2024

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

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

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

5-B. FISCAL YEAR 2024-2025 BUDGET

Consideration and possible action regarding the Fiscal Year 2024- 2025 Budget. Staff will present a brief overview of policy issues, financial prospect and economic development, challenges/solutions, goals and strategies associated with the budget including, without limitation, the following matters.

• City 2024-2025 spending plan overview;
• Proposed staffing changes to reflect efficient core staffing mix; • Proposed capital improvement projects;
• Goals and Objectives presented by all departments.

Council may raise other development, policy, capital project and potential budget adjustment items for consideration as part of the Budget.

Public Speaker:

- Maychelle Yee, resident, requested an update on the expenses and reimbursements for the Goodview project.

Discussion: Finance Director Garcia announced that the initial preliminary budget document was missing pages D3- D6 from the City Council Department. Finance Director Garcia and Finance Manager Borjon presented a PowerPoint presentation on the city’s preliminary budget.

Action Taken: The City Council ensued in a discussion regarding the proposed budget and received and filed the Preliminary B udget documentation for Fiscal Year 2024-2025.

6. CITY COMMUNICATIONS (CITY COUNCIL)

7. FUTURE AGENDA ITEMS

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

72-XXX
May 22, 2024

ADJOURNMENT
There being no further business for consideration, the meeting was adjourned at 10:08 p.m. in memory of a resident, actor, and comedian Rudy Moreno.

__________________________
Maychelle Yee
City Clerk

City Council Staff Report
DATE: October 2, 2024
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Diana Garcia, Assistant City Manager
SUBJECT: Adoption of Citywide Mission, Vision and Values Statements RECOMMENDATION:

It is recommended that the City Council consider:

1. Officially a dopting the Monterey Park Team Charter, containing the c itywide Mission, Vision and Values Statements; and

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

EXECUTIVE SUMMARY:

In an effort to foster a refreshed and unified organizational culture and align all departments, City of Monterey Park staff have collaboratively developed citywide Mission, Vision, and Values (MVV) statements. These statements were crafted through a comprehensive process that included a survey of all staff members; a half-day workshop on July 31, 2024, involving 49 staff members across all levels and departments; and additional work by staff teams to craft values statements. The finalized MVV statements aim to guide the city’s decision -making and daily operations, reinforcing a cohesive approach to public service.

BACKGROUND:

In January 2024, the City Council held its annual strategic planning to discuss important issues facing the community and set goals for the next 12 months. One of the objectives that emerged during this meeting was to, "Craft Mission, Vision, and Values Statements," under the broader goal of enhancing public communication and civic engagement.

The City’s leadership initiated a Mission, Vision, and Values (MVV) development process to create a clear organizational compass that aligns with Monterey Park’s strategic priorities. The process involved several key steps:

Survey of All City Staff
In preparation for the MVV workshop, City leadership conducted a survey to gather input from all City employees (Attachment 1) . A total of 108 team members responded, providing their insights on the values, goals, and direction of the organization. The survey also measured employee satisfaction. This feedback, which was provided in a report back to staff and City Council, formed the foundation for the workshop discussions.

Consent Calendar - 3B

Staff Report

October 2, 2024

Staff Workshop
On July 31, 2024, 49 staff membe rs representing every department and level of the organization gathered at the Barnes Park Service Club House for an interactive workshop. The focus was on developing the Vision, Mission, and Values that would guide the City moving forward. The workshop, f acilitated by an external consultant, Marie Knight, encouraged open dialogue on the organization, staff roles, and how team members should collectively “show up” each day to support each other and the community.

Key questions addressed during the workshop included:

• What is our vision for the City’s future?
• How do we lead collaboratively?
• What core values will shape our decision-making and service to the community?

Tiger Teams
Following the workshop, two "Tiger Teams" (one composed of staff members and the other composed of members of the City’s executive team ) worked to further refine the Values Actions and establish the "Hard Nos" – behaviors that do not align with the City’s core values. This ensured that the MVV statements would be actionable and reflective of the team’s consensus.

Next Steps
Upon adoption, the MVV statements will be integrated into various City materials and communications, including:

• Updates to the City’s letterhead and agenda templates • Employee recruitment materials, such as job announcements and flyers • Inclusion on City business cards
• Display on the City’s website and other public-facing platforms • Regular reinforcement through employee onboarding , staff meetings and performance discussions

2024-25 STRATEGIC PLAN GOAL:

Adopting these statements is a key step in implementing the City’s 2024 -2025 Strategic Plan objective to "Craft Mission, Vision, and Values Statements," under the broader goal of enhancing public communication and civic engagement.

Staff Report

October 2, 2024

Respectfully submitted by:

Diana Garcia
Assistant City Manager

Approved by:

Reviewed by:

Inez Alvarez
City Manager
Karl H. Berger
City Attorney

ATTACHMENTS:

1. Results of Citywide Mission, Vision and Values Survey

2. Monterey Park Team Charter

Staff Report

October 2, 2024

ATTACHMENT 1
Results of Citywide Mission, Vision and Values
Survey

All Team Survey
Results
J u l y
2 1
2 0 2 4
City of
Monterey Park
On July 31, 2024, members representing all departments and levels of the organization will gather to create an important compass for the organization. The group will be creating Vision, Mission, and Value statements that will guide decision making and the work of the team in the future.

As it is not possible to bring all of your team members together in one room at the same time to do this, City Leadership desired to gather input and feedback from all employees in advance of the retreat so that the decisions made that day will represent a consensus of the thoughts and desires of everyone. All members of the team were encouraged to complete a survey providing their input on various topics.

Surveys were completed by 108 team members and their
responses are summarized below.

Knight Leadership Solutions
2439 E. Quincy Ave.

Orange, CA 92967
714-920-6717
knightleadershipsolutions.com
[email protected]
Contact

Staff Report

October 2, 2024
ATTACHMENT 2
Monterey Park Team Charter

* This is your Team Charter *
your non-negotiable guide to achieving the
organization’s vision, mission, and values
All Team
Charter
2 0 2 4
Facilitated by

Roadmap For Success
Compass For Decision Making
Who to bring on
to your team
How to help a
department
navigate a difficult
situation
How to expand &
enhance services
How to
strategically help the
organization succeed
Use The Charter to make decisions, such as...

Use The Charter to outline your...

Your mission
and your purpose
Values, expectations, and
performance conduct that
will help you achieve your
mission
The Team Charter is a...

MPK Team Charter 2
... and so many more!
Why? What?

Organization’s Values
Organization’s Vision Statement
Organization’s Mission Statement
MPK Team Charter 3
The City of Monterey Park is an
unparalleled team of thriving,
innovative, and inclusive
leaders.

The mission of the City of Monterey
Park is to provide excellent service,
foster growth and opportunity, and
create a joyous and collaborative
environment.

Communication
Teamwork
Respect
Integrity
Professionalism

Team Values
MPK Team Charter 4
We value Communication and agree to:

Share ideas and information in order to foster connectedness and empower others.

Strive for clarity and accuracy in our written and verbal communications and be available to answer questions when needed.

Speak up, speak with truth and have the tough conversations.

We value Teamwork and agree to:

Be respectful of all ideas and supportive of all efforts.

Collaborate with patience and understanding.

Hold each other accountable in achieving community goals.

We value Respect and agree to:

Be courteous, compassionate and kind to everyone, putting ourselves in their shoes.

Listen to all people with respect and openness, making every effort to fully understand what is being said before responding.

We value Integrity and agree to:

Always do the right thing, even when no-one is watching, by being honest, ethical and fair in all our actions.

Own our mistakes and successes, correcting errors transparently and committing to learning from them.

Be true to ourselves and others, ensuring that our actions align with our word and values.

We value Profesionalism and agree to:

Represent our city positively by holding ourselves to the highest standards, maintaining composure and showing up with
intention.

Lead by example, following through on commitments,
remaining dependable and pushing our limits to deliver
excellent customer service.

Hard No’s
Actions and
Behaviors Defined & How They Show Up

1. Lack of
Accountability or
“Passing the
Buck”

2. Dishonesty or
Lack of Integrity

3. Gossip
Failing to take responsibility for one’s actions or
decisions.

How it shows up:

Avoiding ownership of tasks or errors.

Deflecting blame onto others.

Not following through on commitments or
responsibilities.

Blaming external factors for failures or
shortcomings.

Offering excuses instead of solutions.

Avoiding decision-making by delegating to
others without support.

Lack of truthfulness or accountability in
communication and actions.

How it shows up:

Providing misleading or false information.

Concealing mistakes.

Failing to uphold the truth in dealings with
others.

Spreading rumors or engaging in harmful
conversations about others.

How it shows up:

Discussing colleagues’ personal or professional
matters without their consent.

Contributing to a culture of mistrust or division.

Undermining team cohesion through idle talk.

Unnacceptable actions and behaviors defined
MPK Team Charter 5

Hard No’s continued
Actions and
Behaviors Defined & How They Show Up

4. Negativity or
Closed-Mindedness

5. Lack of Self-
Awareness
Consistently exhibiting a pessimistic or defeatist
attitude and unwillingness to consider new ideas or
perspectives.

How it shows up:

Discouraging new ideas or initiatives.

Rejecting suggestions without consideration.

Sticking rigidly to old ways of thinking or
working.

Focusing on problems without proposing
solutions.

Approaching tasks with minimal effort or
interest.

Showing indifference towards team goals or
achievements.

Lack of awareness of one’s behavior, impact, or
areas for improvement.

How it shows up:

Ignoring feedback or constructive criticism.

Failing to recognize one’s role in conflicts or
issues.

Overestimating abilities without seeking growth
or development.

Refusing to collaborate or share credit.

Acting in a self-centered manner that
undermines team efforts.

MPK Team Charter 6

Actions and
Behaviors Defined & How They Show Up

6. Tardiness and
Procrastination

7. Silos or “Not my
job”
Consistently being late to work, meetings, or
deadlines. Delaying tasks or decisions unnecessarily.

How it shows up:

Putting off important tasks until the last minute.

Causing delays in project progress or team
efficiency.

Arriving late to work or meetings regularly.

Missing deadlines or delaying team projects.

Showing a lack of respect for others' time.

Working in isolation or failing to collaborate across
departments. Refusal to take on tasks or
responsibilities outside of one’s specific role.

How it shows up:

Declining to help with team efforts that fall
outside of one’s job description.

Failing to show initiative in solving problems or
addressing needs.

Withholding information or resources from other
teams.

Prioritizing departmental goals over
organizational success.

Creating barriers to communication and
cooperation.

MPK Team Charter 7
Hard No’s continued

When you know your WHY
your WHAT becomes more
effective and impactful
01 02
Knight Leadership Solutions
2439 E. Quincy Ave.

Orange, CA 92967
714-920-6717
knightleadershipsolutions.com
[email protected]
Contact
03 Create a Roll-out plan that includes communicating the Team Charter to the City Council, employees, and community.

Next Steps...

Don’t Forget!
Identify the ways you’ll use the Charter, such as: in your recruitment process, job coaching conversations, employee review process, etc.

We thank you for engaging us to
facilitate your path forward to
continued success.

MPK Team Charter 8
Use your Vision, Mission, and Values as the framework for decisions, actions, behaviors, and opportunities for innovation and efficiencies.

City Council Staff Report
DAT
E: October 2, 2024
AGENDA ITEM NO:

TO: T
he Honorable Mayor and City Council
FROM: Martha Garcia, Director of Finance
SUBJECT: Professional Services Amendment for Information Technology (IT) Services
RECO
MMENDATION:

It is recommended that the City Council consider:

1. Authoriz ing the City Manager to execute a retroactive first amendment from July 1, 2024 to February 29, 2028, to the Knight Communications Agreement No. 2346-AA, in a form approved by the City Attorney. This first amendment will add IT services to the City’s Police Department in the amount of $763,877, for a total not to exceed $3,248,551 for the term of the Agreement.

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

EXECU
TIVE SUMMARY:

On December 21, 2022, City Council authorized the City Manager to enter into a 5- year professional services agreement from March 23, 2023 to February 29, 2028 in an amount not to exceed $2,484,674 with Knight Communications . At the time, IT support for the City’s Police Department was being provided by a City employee and was not included as part of the agreement.

It
is recommended that Council authorize the City Manager to execute a first amendment to the Knight Communications Agreement No. 2346- AA to add IT support for the City’s Police Department which will be retroactively applied to have started July 1, 2024, for an amount of $763,877. This amounts to a total not to exceed amount of $3,248,551 for the term of the Agreement.

BA
CKGROUND:

City published a Request for Proposal in September 2022. Knight Communications was one of three proposals submitted to the City. On December 21, 2022, City Council authorized the City Manager to enter into a 5-year professional services agreement from March 23, 2023 to February 29, 2028 in an amount not to exceed $2,484,674 with Knight Communications. This contract does not include IT services for the Police Department.

IT
services play a crucial role by offering specialized technical expertise to assist the City in several key areas. These services encompass the creation, efficient management, and optimization of information systems, as well as facilitating seam less access to critical Consent Calendar - 3C

Staff Report

October 2, 2024
business processes. Previously, IT services for the City’s Police Department were provided by a City employee. However, that employee has separated from the City.

Recogniz
ing the critical need, staff asked Knight Communications to provide month-to- month IT services for the Police Department while working on an amendment to the agreement.

Knight C
ommunications has provided IT support to various government entities for over 35 years. Their expertise encompasses all aspects of information technology relevant to local governments and their team ensures service delivery across multiple City departments, including the Police Department.

The City
requests that the Council authorize a first amendment to the Knight Communications Agreement No. 2346- AA to add IT services for the City’s Police Department retroactive to July 1, 2024, for an amount of $763,877 for a total not to exceed $3,248,551 for the term of the Agreement.

FISCAL I
MPACT:

The cost for the proposed amendment is $763,877 for the term of the Agreement. Costs for FY 2024-25 are $200,000 and will be paid with salary savings. Remaining costs will be budgeted as part of the annual budget process.

Respectfully submitted by: Prepared by:

Martha Garcia
Director of Finance
Stanley Ardon
Information Technology Manager

Approved by: Reviewed by:

Inez Alvarez
City Manager
Solange Fortenbach
Deputy City A
ttorney
Approved as to form: Karl H. Berger, City Attorney

Staff Report
October 2, 2024 City Council Staff Report
DATE: October 2, 2024
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Jessica Serrano, Director of Community Development SUBJECT: Waive further reading and adopt Ordinance for Development Agreement (DA-23-03) a Development Agreement by and between the City of Monterey Park and the Commons of MPK, LLC, for the development of a 64-unit condominium project on real property located at 338-410 S. Alhambra Avenue (Assessor’s Parcel Numbers 5259- 004-036, 5259-004-037, and 5259-004-038).

RECOMMENDATION:

It is recommended that the City Council consider:

1. Waiving the second reading and adopting the proposed ordinance; and

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

EXECUTIVE SUMMARY:

The Ordinance was introduced and received first reading at the September 18, 2024 City Council meeting. The original staff report (from September 18, 2024) is attached for reference. Second reading and adoption of these Ordinances is recommended. If adopted, the ordinance will take effect in 30 days.

Respectfully submitted by: Prepared by:

Jessica Serrano
Director of Community
Development
Beth Chow, AICP
Planning Manager
Consent Calendar - 3D

Staff Report

October 2, 2024

Approved by:

Inez Alvarez
City Manager
Karl H. Berger
City Attorney

ATTACHMENTS:

1. Ordinance - Development Agreement (DA-23-03)

2. City Council Staff Report, dated September 18, 2204 (without attachments)

Staff Report
October 2, 2024

ATTACHMENT 1
Ordinance - Development Agreement
(DA-23-03)

ORDINANCE NO.

AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT (DA -
23-03) BY AND BETWEEN THE CITY OF MONTEREY PARK AND THE COMMONS OF MPK, LLC, FOR THE DEVELOPMENT OF 64 -UNIT
CONDOMINIUM PROJECT ON REAL PROPERTY LOCATED AT 338 -
410 S. ALHAMBRA AVENUE (ASSESSOR’S PARCEL NUMBERS 5259- 004-036, 5259-004-037, AND 5259-004-038)

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

SECTION 1: The
City Council finds and declares that:

A. The Commons of MPK, LLC (“Developer”) submitted development applications including TM-23-05, DRB-23-105, and DA-23-03 to develop a 64-unit condominium development to enter into a development agreement with the City of Monterey Park (the “ Development Agreement”), which is attached to this Ordinance as Exhibit “A,” and incorporate by reference.

B. The Development Agreement allows the Developer to construct a 64- unit condominium project that includes seven affordable units within the development of 3-story townhomes, and 57 condominium units in a 3-story building with subterranean level of parking (the “Project”) at the real property located at 338-410 Alhambra Avenue (the “Project Site”).

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

D. On June 18, 2024, at its special meeting, the City Council opened and closed the public hearing, and remanded the Project to the Planning Commission for further study.

E. On August 27, 2024 , the Planning Commission conducted a duly noticed public hearing to assess the proposed development in TM-23-05, DRB-23- 105, and DA-23-03, considered all oral and written evidence, and adopted Resolution 06-24 recommending that the City Council adopt this Ordinance.

F. The City completed its review and scheduled a public hearing regarding the proposed Project, before the City Council on September 18, 2024. Notice of the public hearing on the proposed Project was duly given as required by law;

G. This Ordinance and its findings are made based upon the evidence presented to the City Council at its June 18, 2024, Special Meeting, the

Ordinance No.

Planning Commission at its August 27, 2024 regular meeting, and the City Council at its September 18, 2024, meeting, including, without limitation, the staff report submitted by the City Planner.

SECTION 2: Fact ual Findings and Conclusions. The City Council finds as follows:

A. On June 17, 2020, the City Council approved the Land Use and Urban Design Element to the Monterey Park General Plan (the “2020 LUE”).

Thereafter, the 2020 LUE was placed onto the November 3, 2020 ballot as Measure JJ. Following voter approval on November 3, 2020, the 2020 LUE (via Ordinance No. 2198) became effective on December 2, 2020.

B. The City amended and adopted the 2021 -2029 Housing Element on November 11, 2022, which was subsequently certified by the California Department of Housing and Community Development on March 30, 2023.

C. The Developer has legal and equitable interest in the Property.

D. On July 5, 2023, the Applicant filed development agreement, and tentative map applications for the Project. The Project was deemed complete on June 14, 2024;

E. The City prepared an initial study (“IS”), mitigated negative declaration (“MND”), and notice of intent to adopt Which the City considered concurrently with this Ordinance.

F. For the reasons set forth below and in the Development, Agreement attached as Exhibit “A” and incorporated by reference, the City Council finds that the City would glean public benefits from the Project.

G. It is in the public interest to approve the Project.

SECTION 3: Pr
oject F indings. Pursuant to Government Code §§ 65867.5, 65915, the City Council finds as follows :

A. For the reasons set forth in the MND, and City Council Resolution No. 2024- R78 which are incorporated by reference into these findings, the Development Agreement is consistent with the Monterey Park General Plan. The Development Agreement furthers the goals of the General Plan and is in the interest of the general community welfare i n that the Development Agreement will, among other things, facilitate the development of the Project Site which is currently underutilized, and consistent with the General Plan policies, including, without limitation:

1. Poli
cy 6.4 – to support policies that facilitate and incentivize development of affordable housing units, such as development bonus programs;

Ordinance No.

2. Policy 8.5 – to require new development to provide engaging, well - landscaped outdoor spaces that invite and support outdoor activities;

3. Policy 8.6 – to minimize the street presence and visibility of parking facilities from public streets and neighboring properties; and

4. Policy 9.1 – to create homeownership opportunities by encouraging development of smaller scale, for-sale units such as condominiums, townhomes, and duplexes.

B. The Project is not located within a specific plan or planned development area, and therefore must be consistent with the requirements found within the underlying High-Residential Density (R-3) zone.

1. As proposed, with the use of Density Bonus regulations, incentives, and concessions the Project satisfies all development standards of the R-3 zone.

C. The Project is necessary for the orderly development of the surrounding area. As proposed, the location and characteristics of the residential project are consistent and compatible with the surrounding residential uses that also include other multi-family residential developments.

D. The Development Agreement includes a subdivision that complies with the provisions of Government Code § 66473.7, and MPMC § 20.04.

E. The Density Bonus is consistent with California law and MPMC Chapter

21.18, in which the City offers incentives for developers to build affordable units. Density Bonuses allow for greater density than permitted in the underlying zone, as well as, concessions or incentives, which vary from the requirements of the MPMC in order to achieve the affordable units, which will allow for the proposed site development of a multi -family affordable housing development consisting of 64 units on a 1.73 acre site, where the allowable density is increased from 51.9 units (30 units/acre) to 64 units (37.5 units/acre).

1. The incentives requested as part of the density bonus are consistent with MPMC § 21.18.050 to: 1) allow an increase building height by 1 story, resulting in an additional 6’ in height; 2) allowing a decrease in the rear yard setback by 20%; and 3) allowing open space to be reduced by 20%.

2. Seven units of housing will be created for the very low -income category of affordability.

Ordinance No.

3. The Density Bonus will help achieve General Plan 2020 LUE policies stated in Subsection A of this Section.

4. The proposed development, containing market -rate and affordable residential units, will help meet the City’s Regional Housing Needs Assessment (“RHNA”) allocation of 5,267 residential units for the 8- year planning period between 2021-29.

5. The Density Bonus Agreement will help achieve General Plan goals as set forth Housing Element in providing housing that meets the needs of all economic segments of the community and implements the General Plan policies, including, without limitation:

a. Policy 4.1 – to encourage the use of density bonuses and provide other regulatory concessions to facilitate affordable housing; and

b. Policy 4.2 – to support favorable home purchasing options for lower-and moderate-income households

F. The Density Bonus Agreement is in the public interest and reflects the current and contemplated land uses of the R3 zone, as well as consistency between the General Plan Land Use Map and Zoning Map.

G. The Development Agreement provides certainty in the planning and construction as well as orderly development, while providing assurance to the Applicant that it may construct the Project.

SECTION 4: Env ironmental Review. 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”). The City Council finds as follows:

A. An Ini
tial Study (“IS”) was prepared for the Project in accordance with CEQA Guidelines § 15063 which showed that, if mitigated, the Project would not cause any significant environmental impacts.

B. The IS and a mitigated negative declaration (“MND”) analyzing the environmental impacts of the proposed development were prepared, circulated, and made available for public review between Thursday, May 23, 2024, and Tuesday, June 12, 2024.

C. Based on the findings of the IS, and with proposed mitigation measures for air quality, biological resources, cultural resources, paleontological resources, and noise, the proposed development would not result in significant environmental impacts.

Ordinance No.

D. The IS and MND are considered concurrently with this Ordinance under City Council Resolution No. 2024-R78, which is incorporated by reference into these findings.

SECTION 5: No
tice of Determination. The City Planner, or designee, is directed to file a Notice of Determination in accordance with CEQA §§ 21152, 21167(f); CEQA Guidelines § 15094, and any other applicable law.

SECTION 6: Gen
eral Plan and Zoning. The Project conforms to the Monterey Park General Plan, as set forth in Section 3. In addition, the Project conforms to the MPMC in that the zoning classification for the Project Site is R3 which allows for multifamily development.

SECTION 7: Publ
ic Benefits. The Development Agreement provides for public benefits including, without limitation:

A. Devel
opment of affordable units for the very low -income affordability category;

B. Providing homeownership opportunities to qualified very low -income households, including a local preference for City residents to own or occupy the affordable units;

C. Providing for the stimulation of the local economy through programs contained within the Development Agreement, without limitation:

1. Local Hire Program to hire workers or companies that have offices within the City;

2. Buy local program for materials and supplies for the construction of the project; and

3. Local resident preference for the eventual rental or sales of affordable units

D. Provide for additional opportunities to create sustainable development by including additional electrical vehicle charging infrastructure above what is required in the California Building Standards Code.

SECTION 8: Inc
orporation of Development Agreement; Changes; Execution. In accordance with Government Code §§ 65864, et seq. , this Ordinance approves the Development Agreement in substantially the form attached as Exhibit “A”, and incorporated by reference.

A. The D
evelopment Agreement may be changed before execution as authorized by the City Council during the public hearings for the Project.

Ordinance No.

B. The Development Agreement may be changed before execution for minor clarifications and technical, clerical, corrections as approved by the City Attorney including, without limitation, completion of references, status of planning approvals, and completion and conformity of all exhibits to the Development Agreement.

C. The City Council authorizes the City Manager to execute the Development Agreement on the City’s behalf in a form approved by the City Attorney.

The City Manager, or designee is authorized to execute amendments or operating memoranda as permitted by the Agreement, in a form approved by the City Attorney.

SECTION 9: Const
ruction. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council' s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilities the purposes set forth in this Ordinance.

SECTION 10: Reli
ance On Record. Each and every one of the findings and determination in this Ordinance are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project. The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole.

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

SECTION 12: Enforceability. This
Ordinance does not affect any penalty, forfeiture, or
liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance’s effective date.

SECTION 13: Limi
tations. The City Council’s analysis and evaluation of the project is based on the best information currently available. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the City Council’s lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are the limitations on the city’s ability to solve what are in effect regional, state, and national problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework.

SECTION 14: Sev
erability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the

Ordinance No.

provisions of this Ordinance are severable.

SECTION 15: El
ectronic Signatures. This Ordinance may be executed with electronic signatures in accordance with Government Code § 16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.

SECTION 16: Publ
ications. The City Clerk is directed to certify the passage and adoption of this Ordinance; make a note of the passage and adoption in the records of this meeting; and within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or po posted in accordance with California law.

SECTION 17: Recor
dation. The City Clerk, or designee, is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Monterey Park’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within 15 days after the passage and adoption of this Ordinance, and cause it to be published or posted in accordance with California law.

SECTION 18: Effe
ctive Date. This Ordinance will become effective 30 days after second reading and adoption.

ORDIN
ANCE NO. ___ HAD ITS FIRST READING ON SEPTEMBER 18, 2024, ITS SECOND READING ON OCTOBER 2, 2024, AND WAS DULY PASSED,

APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MONTEREY PARK AT ITS REGULAR MEETING OF OCTOBER 2, 2024.

PASSED AND ADOPTED this 2
nd day of October 2024.

____________________________
Thomas Wong, Mayor

ATTEST:

________________________________
Maychelle Yee, City Clerk

APPROVED AS TO FORM:

KARL H. BERGER, CITY ATTORNEY

By:________________________________
Justin A. Tamayo, Deputy City Attorney

Exhibit A: Development Agreement 23-03

Exhibit A
RECORDING REQUESTED BY:

CITY OF MONTEREY PARK

AND WHEN RECORDED MAIL TO:

CITY CLERK

CITY OF MONTEREY PARK

SPACE ABOVE THIS LINE FOR RECORDERS USE

DEVELOPMENT AGREEMENT BY AND BETWEEN THE

CITY OF MONTEREY PARK AND THE COMMONS OF

MPK, LLC RELATIVE THE DEVELOPMENT KNOWN AS

THE COMMONS OF MPK, LLC
This Development Agreement (the “Agreement”) is made this ___ day of _______, 2024, by and between the CITY OF MONTEREY PARK, a general law city and municipal corporation (the “City”) and The Commons of MPK, LLC, a California limited liability company (Entity no. 201510510030) (“Developer”). City and Developer may be collectively referred to as the “Parties” and each may be referred to as a “Party.” The Parties agrees as follows:

1. RECITALS. The Parties enter into this Agreement with reference to the following:

A. Government Code § 65864, et seq. and Monterey Park Municipal Code (“MPMC”) Chapter 21.110 (collectively, the “DA Regulations”) authorize City to enter into development agreements with persons having legal or equitable interests in real property for the development of such real property.

B. Developer owns approximately 1.73 acres of real property located in City’s jurisdiction which is legally described in attached Exhibit “A,” and is incorporated by reference (the “Property”).

C. Developer filed the following applications with City (the “Project Applications”):

i. Tentative Map (TM) 23-05;
ii. Density Bonus request; and
iii. Development Agreement (DA) -23-03, an application for approval of this Agreement.

D. This Agreement assists with land use planning certainty and provides for the orderly development of the Project in a manner consistent with Applicable Law including, without limitation, the MPMC and the General Plan.

E. Developer intends to develop the Property as a residential community consisting of

2 64 units condominium (the “Project”).

F. The City’s General Plan, as amended, (the “General Plan”) designates the area in which the Property is located as R -3 zone. The General Plan provides for the Property to be developed for a maximum of 30 unit per acre.

G. Developer seeks to develop the Proper ty in accordance with the land use policies and goals set forth in the City’s General Plan and with the terms and conditions of this Development Agreement (“Agreement”).

H. All actions taken by City were undertaken in accordance with Applicable Law including the California Environmental Quality Act (Public Resources Code §§ 21000, et. seq .) (“CEQA”), and all of the other requirements of notice, public hearings, findings, votes and other procedural matters.

I. On June 18, 2024, the City Council held a special city council meeting where it opened and closed the public hearing, and remanded the Project to the Planning Commission for further study.

J. On September 18, 2024, the City Council held a public meeting and took the following actions after making appropriate findings:

i. Adopted Resolution No. 2024-R78 approving a tentative map, design review, and adopting the Mitigated Negative Declaration for the Project;

ii. Introduced and waived first reading of Ordinance No. ____, approving the Development Agreement. Second reading and adoption occurred on October 2, 2024. That Ordinance becomes effective 30 days afterward.

2. DEFINITIONS. Unless the contrary is stated or clearly appears from the context, or is defined elsewhere within this Agreement, the following definitions govern the construction of the words and phrases used in this Agreement. Words and phrases not defined by this Agreement have the meanings stated in the MPMC and any successor statutes or regulations.

"Anniversary Date” means that date each yearly anniversary of the Effective Date.

“Applicable Law ” means all federal, state and local law including, without limitation, the MPMC, uncodified ordinances, resolutions adopted by the City Council and all other regulations affecting the Property in effect on the Effective Date.

“CEQA” means t he Ca
lifornia Environmental Quality Act ( California Public
Resources Code §§ 21000, et seq .) and the CEQA Guidelines (California Code of Regulations, title 14, §§ 15000, et seq.), as amended.

“Condi
tions of Approval” means those conditions of approval imposed by City.

3 “Development Impact Fees” or “DIF” means all City-adopted fees and monetary exactions that are designed to pay for new or expanded public facilities needed to serve, or to mitigate the adverse effects of, a given development project and that are imposed by City as a condition of approval of discretionary or ministerial permits for, or in connection with the implementation of, that development project.

The term “Development Impact Fees” does not include processing fees and charges as described in this Agreement . The term “Development Impact Fees” also does not include requirements that development be served by a public utility even if that public utility imposes a capital improvement fee or similar charge as a condition of providing service. The estimated DIFs to be paid for the Project are as set forth on attached Exhibit “B,” which is incorporated by reference.

“Director” means the City Manager, or designee. This Agreement anticipates that the Director will ordinarily be City’s Community Development Director.

“Discretionary Action(s)” or “Discretionary Approval(s)” means a City action requiring the exercise of judgment, deliberation or discretion on the part of City, including any board, agency, commission or department and any officer or employee thereof, in the process of approving or disapproving a particular activity, as distinguished from an activity which merely requires City, including any board, commission or department or any officer or employee thereof, to determine whether there has been compliance with Applicable Law.

“Effective Date” means, except as provided below, the date this Agreement which is the same as when the Enacting Ordinance (hereafter defined”) becomes effective.

Execution of this Agreement by the parties does not bind the Project or the Developer to actually use or develop the Project pursuant to the terms of this Agreement until the Effective Date. Notwithstanding the foregoing, the indemnity obligations of Developer take effect as of the date this Agreement is executed.

“Enacting Ordinance” means Ordinance No. _____, adopted by the City Council on October 2, 2024, approving this Agreement.

“Exactions” means all exactions, in -lieu fees or payments, dedications or reservation requirements, obligations for on- site or off -site improvements, construction requirements for public improvements, facilities, or services called for in connection with the development of or construction on the Property , whether such requirements constitute subdivision improvements, mitigation measures in connection with environmental review of any project, or impositions made under any applicable ordinance or in order to make a project approval consistent with the anticipated land use policies of the General Plan.

“General Plan” means the Monterey Park General Plan as of the Effective Date except that the Housing Element to the General Plan may become effective after the Effective Date, and is incorporated into the “General Plan” for purposes of this

4 Agreement upon its certification by the California Department of Housing and Community Development in accordance with Applicable Law.

“Minor Change” means changes, modifications or adjustments which are consistent with the overall intent of this Agreement and which do not materially alter the overall nature, scope, or design of the Project.

“Mortgage” means any mortgage, deed of trust, encumbrance, sale leaseback or other security interest encumbering all or any portion of the Property, given by Developer for the purpose of securing funds to be used for financing the acquisition of the Property or any portion thereof, the construction of improvements thereon and/or any other expenditur es reasonably necessary and appropriate to develop and/or operate the Project.

“Mortgagee” means the holder of the beneficial interest under any Mortgage.

“Parking Areas” means the areas dedicated for parking, as set forth in the Applicable Law and Conditions of Approval.

“Permitted Uses” means those uses that are specifically permitted by Applicable Law.

“Processing Fees” means all processing fees and charges required by the City that are applied uniformly to all construction or development related activity including, without limitation , fees for land use applications ; building permit applications ; building permits; grading permits; shoring and excavation permits; hauling permits; encroachment permits ; demolition permits ; subdivision or parcel maps ; lot line adjustments; street vacations; inspections; certificates of occupancy and plan check.

Processing Fees do not mean or include DIFs.

“Project Buildings” means all the bu ildings permitted under the Applicable Law and this Agreement.

“Project Facilities and Infrastructure” means public and semi -public facilities and infrastructure (including associated grading, engineering, design, construction, and supervision) only to the extent such facilities and infrastructure serve the Project.

“Uniform Codes” means those Uniform Codes adopted by reference in the MPMC in accordance with Government Code §§ 50022.2, et seq. as required by applicable law including, without limitation, Health and Safety Code § 18944.5 and Title 24 of the California Code of Regulations. The Uniform Codes govern building and construction standards including, without limitation, the building, plumbing, electrical, mechanical, grading, sign, and fire standards.

“Zoning Regulations” means the zoning regulations in the MPMC that are part of the Applicable Law.

5 3. GENERAL ACKNOWLEDGMENTS. The Parties acknowledge that: (a) City entered into this Agreement pursuant to Applicable Law and City’s police powers under the California Constitution to, in part, address the need for public facilities and infrastructure in connection with the Project and other property in the area; and (b) nothing in this Agreement may be construed to limit or restrict the exercise by City o f its police powers including, without limitation, those of eminent domain.

4. APPLICABILITY OF THIS AGREEMENT . This Agreement does not: (a) grant density or intensity exceeding that otherwise established by Applicable Law ; ( b) eliminate future City approvals relating to the Project if applications seeking such approvals are initiated and submitted by the Developer after the Effective Date; ( c) guarantee that Developer will receive any profits from the Project; ( d) prohibit the Project’s participation in any benefit assessment district that is generally applicable to the surrounding properties; or (e) amend the General Plan. This Agreement has a fixed term. Furthermore, City may apply any law in effect at the time of Developer’s future application for Project approvals.

5. INTEREST OF DEVELOPER . Developer represents to City that, as of the Effective Date, Developer has a legal or equitable interest in the Property subject only to encumbrances, easements, covenants, conditions, restrictions, and other matters of record.

6. DEVELOPMENT OF THE PROJECT. The Parties agree that:

A. General Development. Any development of the Project on the Property must be conducted in accordance with the terms and conditions of this Agreement.

B. Permitted Uses. The permitted uses of the Project, the density and intensity of use, the maximum height and size of proposed buildings, provisions for reservation or dedication of land for public purposes and location of public improvements, and other terms and conditions of development applicable to the Project must be those set forth in Applicable Law including, without limitation, Conditions of Approval, and this Agreement.

C. Public Benefits. As part of this plan, the Developer is required to implement t he following public benefit initiatives:

Affordable Housing Initiative: The Developer will include a total of seven units within the Property designated as very low-income. These units must be dispersed throughout the Property.

Loc
al Hiring Program. Developer agrees to prepare and implement a local hiring program to encourage and promote the employment of qualified residents of the City of Monterey Park in its development of the Project (the “Local Hiring Program”). Developer agrees that the Local Hi ring Program will be prepared within 90 days of the Effective Date and will include a mix of the following measures, and such other measures as Developer from time to time deems

6 appropriate: (i) public circulation within the City of employment opportunities; (ii) job fairs targeting City residents, (iii) mandatory inclusion on all Project bidding lists of any qualified City contractors or subcontractors that have registered with Developer, and (iv) compliance with Developer’s corporate bidding policies. Every 6 months following the Effective Date until the completion of construction, Developer must submit to the City Manager , or designee, a written report documenting Developer’s implementation of the Local Hiring Program, which report must descri be in reasonable detail Developer’s efforts during the relevant reporting period to hire qualified City residents pursuant to the Local Hiring Program.

Local Purchasing Prioritization. Developer will prioritize purchasing supplies, materials, and equipment for the construction of the Project from local vendors who are cost-competitive (within 5 percent) with non -local vendors and who currently have a business within the City and the point of sale, for the business’s sales tax reporting purposes occurs within the C ity limits . Developer will keep accurate log(s) of all local purchase supplies, materials, and equipment and promptly furnish such logs to the City upon request.

Existing Tenants and Local Resident Priority Preference. To the extent permitted by the law, Developer will give priority in the following manner for the leasing or ownership of the Project’s affordable units, 1) income qualified, existing tenants of the Property and 2) current residents of the City . Existing tenants are defined as those persons that either possess an active lease agreement, or currently reside at the Property. “ Current residents ” means persons having primary residency in Monterey Park, which can be further determined by the Developer by home visits and requests for written verification from landlords. Developer will maintain a list of Applicants who have filed a complete application with the Developer to rent or purchase an affordable unit in the Project and who have incomes which would qualify them as an eligible tenant or buyer. Should multiple tenants be equally eligible and qualified to rent or own a unit, Developer on best efforts will rent or sell such units on a first-come, first-serve basis.

Electric Vehicle Charging. In addition to meeting the requirements of the California building standards codes, as adopted by the MPMC, Developer will provide an additional 10% electric vehicle (“EV”) charging stations , and 35% o f the total number of parking spaces will be equipped with Low Power Level 2 EV Ready.

D. Future Approvals. City agrees that land uses set forth in the Conditions of Approval are approved or will be approved pursuant to the terms of this Agreement and Applicable Law , provided that Developer satisfactorily complies with all preliminary procedures, actions, payments and criteria applicable as of the Effective Date and generally required of developers by City for processing applications for land developments at such time. City agrees to grant and implement the necessary land use, zoning, site plan or subdivision approvals and to grant other approvals and permits, including m inisterial approvals, that will accomplish or

7 facilitate development of the Project for the uses and to the density or intensity of development described and shown in the Conditions of Approval , and/or this Agreement pursuant to Applicable Law. Any future development of the Property not contemplated by this Agreement requires all discretionary approvals required by the Applicable Law (collectively, the “Future Conditions of Approval”).

E. Homeowners Association. Pursuant to City Council Resolution No. 12199:
1) To ensure all common areas (e.g., driveway, h ardscape, landscape) are properly maintained, a Homeowners' Association (HOA) and Covenants, Conditions and Restrictions (CC&R's) are required for the proposed Project.

The Developer must hire a management company for the HOA. During sales of the units, the sales managers must sit on the HOA board. The Developer’s representatives can remove themselves from the HOA board only when 1) a new HOA board is selected from the new home owners; 2) the new home owners are trained on how to run the HOA; and 3) the units are fully occupied.

The documents related to the HOA and CC&R's must be reviewed and approved by the City Attorney before the City approves a final map. In addition, the Developer must pay for all attorneys' fees associated with the review of the documents.
2) The final approved floor plan for the residential units must be incorporated into CC&R's.
3) The Homeowners Association must maintain a current and active business license with the City for the life of the project. Association dues may not be collected unless the Association has a current and active business license with the City.
4) Draft covenants, conditions and restrictions (“CC&Rs”), in a form approved by the City Attorney, must obtain approval from the City Planner, or designee, and include the following clauses:
a) Payment of Municipal Charges . The amount of the assessments levied by the Association must include sums sufficient to cover the cost of all municipal charges imposed against the Property including, without limitation, sums sufficient to ensure the payment of invoices from the City of Monterey Park (“City”) for water, wastewater, and solid waste charges. In addition, the Association and the Owners, and the management agent, if any, must continuously guarantee payment to the City of all such municipal charges.
b) Access and Entry . The Association and each Owner covenants, in favor of the City, to provide access and entry to all common areas of the Property, and all buildings, structures and units situated thereon, to any authorized Fire Inspector, Building Official and any

8 other official charged with carrying out the laws of the City, the State of California, or the United States of America.
c) Signs. Except as otherwise allowed by applicable law, the Association and each Owner covenant, in favor of the City, that no sign of any kind of advertising any service, business or other commercial project or venture can be displayed on the Property. d) Parking.
i. The Association and each Owner covenants, in favor of the City, that all automobiles used by an Owner or an Owner’s invitees must be iden tified to a representative of the Association and subject to tow if parked in an area not designated for parking automobiles or in a guest parking space.
ii. All driveways and garages must be maintained in a neat and orderly condition and garage doors must be maintained in closed condition except as necessary to permit ingress and egress of authorized vehicles or to clean or work in the garage. The garages are to be used for the parking of standard authorized vehicles and may not be converted to living
quarters or workshops or used for the storage of boats, trailers, campers or recreation vehicles in a way which will preclude the parking of the Owner’s or occupant’s
authorized vehicles within the garage.
iii. Designated guest parking areas within the Common Areas are to remain open for use by guests only and are not to be used by Owners or other residents, either permanently or temporarily, for the parking of their authorized vehicles or the storage of boats, trailers or similar items of personal property, unless expressly authorized by the Association. iv. No motor vehicle can be constructed, reconstructed or repaired within the Property and no dilapidated or inoperable vehicle, including vehicles without wheel(s) or an engine, can be stored on the Property; provided, how ever, that the provisions of this Section does not apply to emergency
vehicle repairs.
v. Campers, boats, trailers, motorcycles, commercial vehicles and trucks in excess of three -quarter tons cannot be parked within the Property, other than within enclosed ga rages except for periods not to exceed two hours for the purpose of loading and unloading.

9 vi. Personal property other than authorized vehicles cannot be stored in garages if such storage will necessitate or result in the parking of vehicles on streets within or adjacent to the Property. Parking by commercial vehicles for the purpose of making deliveries or service calls must be permitted in accordance with the Association Rules.
vii. Each Owner must maintain their garage or parking spaces in a manner which ensures that it is capable of accommodating not less than the number of vehicles the space was designed to contain.
e) Graffiti. The Association and each Owner covenants and agrees to maintain, or to cause to be maintained, all buildings and structures within the Property free of graffiti. In an event that the Association or an Owner fails to remove or to cause the removal of any graffiti within 24 hours of its receipt of written notice from the City requesting such removal, the City has the right and authority to enter upon the Property and remove or mask said graffiti. Any and all costs incurred by the City in connection with the removal or masking of such graffiti must be reimbursed to the City by the Association and/or the Owner, if any, of affected building or structure.
f) Maintenance of Property . The maintenance of all common wastewater and storm drainage facilities, and all landscaping, irrigation systems, slopes, drainage facilities and retaining walls, if any, located within the Common Area are Association’s
responsibility, and the maintenance of all irrigation systems, slopes, drainage, facilities and retaining walls, if any, situated within an Exclusive Use Common Area are the responsibility of the Association in the event the applicable Owner fails to provide such maintenance. g) Filing of Information .
i. Filing (Unincorporated Associations Only). The Association must cause the names and addresses of the officers and
members of the Association to be filed annually with the City Clerk of the City of Monterey Park during the month of July.
ii. Filing (Incorporated Associations Only). The Association must cause the names and address of the officers and
members of the Board of Directors of the Association to be filed annually with the City Clerk of the City of Monterey Park during the month of July.

10 h) Amendment of CC&Rs. Notwithstanding any other provision of this Declaration the contrary, the statements and covenants set forth herein in favor of the City of Monterey Park cannot be modified and rescinded without the prior written consent of the City of Monterey Park.
i) Third-Party Beneficiary; Enforcement Rights. City Enforcement of Declaration. Notwithstanding any other provision of this Declaration to the contrary, the city of Monterey Park has the power and the right, but not the obligation, to enforce any or all provisions of this Declaration as a third party beneficiary to the extent this Declaration contains provisions implementing the Monterey Park Municipal Code (“MPMC”) or any condition of approval adopted by City Council resolution or ordinance. Failure by the City to enforce any restriction, covenant, condition, limitation or reservation imposed by the provisions of this Declaration does not constitute a waiver of the City’s right to do so. The Association agrees to pay all costs associated with such enforcement including, without limitation, reasonable attorney’s fees. The City may exercise its rights of enforcement without regard to any alternative dispute resolution provision in the CC&Rs or any other restriction on enforcement otherwise applicable to owners, tenants, other residents, or the Association including, without limitation, provisions with regard to notice.

F. Applicable Law. Subject to the limitations set forth in this Agreement , Developer may develop the Property in accordance with, and to the extent of, the Conditions of Approval and this Agreement. City may impose reasonable conditions in connection with any subsequent discretionary permit actions, but such conditions and actions must not prevent development of the Project as contemplated by this Agreement, or place burdensome or restrictive measures on Developer in connection with the development of the Project.

G. Amendment to Applicable Law . In the event the MPMC is amended by City in a manner which provides more favorable site development standards than those in effect as of the Effective Date, Developer may notify City in writing of its desire to be subject to the new standards for the rem aining term of this Agreement. If City agrees, by resolution of the City Council or by the Director’s approval, such new standards will become applicable to the Property.

H. Exception for Uniform Codes. Notwithstanding any part of this Agreement to the contrary, the Project is subject to the City’s enforcement of the “uniform codes” regulating building or construction standards which will apply to the Project at the time the City issues building permits.

I. Approval of Subsequent Tentative and Final Maps. Although the Applicable Law determines the standards for granting or withholding approval of tentative, vesting

11 tentative and final maps and tentative, vesting tentative and final parcel maps, the procedures for processing approval of all such maps must be governed by regulations as may then be applicable.

J. Changes in State and Federal Rules and Regulations. Nothing in this Agreement precludes the application to the Project of changes in Applicable Law, the terms of which are specifically mandated and required by changes in state or federal laws or regulations as provided in Government Code § 65869.5. If City or Developer believes that such a change or addition required by California or federal law or regulation exists, then that Party must provide the other with a copy of such California or federal law or regulation and a statement of the nature of its conflict with the provisions of the Applicable Law and/or of this Agreement.

K. Permitted Fees and Exactions. Except as otherwise provided in this Agreement, and specifically excluding fees set by entities not controlled by City that are collected by City (e.g., schools fees), City may only charge and impose those Development Impact Fees and Exactions including, without limitation, dedications and any other fee or tax (including excise, construction or any other tax) relating to development or the privilege of developing, which are in effect on a Citywide basis as of the Effective Date. This Agreement will not be construed to limit the authority of City to charge processing fees for land use approvals, building permits or other similar permits or entitlements which are in force and effect on a Citywide basis at the time application is made for such permits or entitlements and which are designed to reimburse City’s expenses attributable to such application. Developer takes notice pursuant to Government Code § 66020(d) that City is imposing exactions upon the Project in accordance with the Mitigation Fee Act (Government Code § 66000, et seq.). Developer is informed that it may protest exactions in accordance with Government Code § 66020.

L. Term of Map(s) and Other Conditions of Approval. Pursuant to Government Code §§ 66452.6(a) and 65863.9, the term of any subdivision or parcel map that has been or may in the future be processed on all or any portion of the Property and the term of each of the Conditions of Approval will be extended for a period of time through the scheduled termination date of this Agreement.

M. Interpretation. Except for such changes as may in the future be mutually agreed upon between City and Developer or as otherwise provided in this Agreement , Developer intends to de velop the Project in accordance with Applicable Law , the Conditions of Approval , and the terms and conditions of this Agreement . In the event of any conflict between the provisions in this Agreement , and Applicable Law, such conflict will be resolved in the following order of priority: (i) first, the Applicable Law; and (ii) this Agreement.

7. OPERATING MEMORANDA.

A. The Parties acknowledge that the provisions of the Agreement require a close

12 degree of cooperation and that new information and future events may demonstrate that changes are appropriate with respect to the details of performance of the Parties under this Agreement . The Parties desire, therefore, to retain a certain degree of flexibility with respect to the details of performance for those items covered in general terms under this Agreement . If and when, from time to time, the Parties find that refinements or adjustments are desirable, such refinements or adjustments will be accomplished through operating memoranda or implementation agreements approved by the Parties which, after execution, will be attached to this Agreement as addenda and become a part hereof.

B. Execution of Memoranda. Operating memoranda or implementation agreements may be executed on behalf of City by the City Manager and the City Attorney. In the event a particular subject requires notice or hearing, such notice or hearing will be appropriately given. Any modification to the terms of performance under this Agreement, other than a Minor Change, will be processed as an amendment of this Agreement in accordance with this Agreement and must be approved by the City Council

8. DEVELOPER’S RIGHTS. Developer has and is vested with the right, during the term of this Agreement, including any extensions, to develop the Project as set forth in this Agreement.

9. MATERIAL PROJECT MODIFICATIONS. Developer may apply to City for permits, variances, or other approvals to develop portions of the Project in a manner which may be materially inconsistent with this Agreement. In such event, such portions of the Project may be reviewed and approved pursuant to the rules, regulations, and procedures of City in effect at the time Developer makes application to City for such development, and to t he extent any such application is inconsistent with this Agreement , such application must include an application to amend this Agreement.

10. NON-APPLICATION OF CHANGES IN APPLICABLE LAW. City’s subsequent adoption of any applicable general or specific plan, zoning, subdivision, or building regulation after the Effective Date of this Agreement, or any change in, or addition to, the Applicable Law (other than changes in Processing Fees as provided in this Agreement) incl uding, without limitation, any changes in the General Plan or zoning regulations (including any regulation relating to the timing, sequencing, or phasing of the Project or construction of all or any part of the Project), adopted after the Effective Date of this Agreement including, without limitation, any such change by means of ordinance, initiative, resolution, motion, policy, order or moratorium, initiated or instituted for any reason whatsoever and adopted by any board, agency, commission or department of City, or by the electorate, as the case may be, which would, absent this Agreement, otherwise be applicable to the Project and which would conflict in any way with or be more restrictive than the Applicable Law or Developer’s entitlements under this Agreement, may not be applied to the Project during the term of this Agreement unless such changes constitute a change in Uniform Codes.

11. DISCRETIONARY APPROVALS. City will not require Developer to obtain any approvals or permits for the development of the Project in accordance with this Agreement other than those permits or approvals that are required by Applicable Law. However, any subsequent Discretionary

13 Approval initiated by Developer that is not permitted by Applicable Law are subject to all applicable law then in effect . Approval of any off-site signs, digital signs, or signs otherwise not permitted pursuant to the MPMC and Applicable Law is not authorized by this Agreement and is not considered (for purposes of this Agreement) part of the Project.

12. TIMING OF DEVELOPMENT . To the maximum extent permitted by law, it is the Parties’ express intention that the Project will not be subject to any subsequently enacted initiative or ordinances adopted in response to an initiative which in conflict with Condit ions of Approval and/or this Agreement including, without limitation, any subsequently enacted initiative or ordinance adopted regarding consistency with the Project and/or Conditions of Approval with the General Plan. Without limiting the foregoing, it is the further intention of the parties that development of the Property be exempt from any subsequently enacted initiative or ordinances adopted in response to an initiative or City Council action that limits the number of building permits which may be issued in any year or otherwise seeks to limit the Developer’s development plan. Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d 465, that the failure of the parties therein to provide for the timing of development resulted in a later -adopted initiative restricting the timing of development to prevail over the parties’ agreement, it is the parties’ intent to cure that deficiency by acknowledging and providing that, subject to any infrastructure phasing requirements that may be required by the Conditions of Approval, Developer may (without obligation) develop the Property in such order and at such rate and at such times as Developer deems appropriate within the exercise of its subjective business judgment. Notwithstanding this total exemption of the Property from local ordinances regulating the number of building permits which may be issued per year, if there is a judicial determination as a result of proceedings instituted by anyone not a party to this Ag reement that the Property is subject to a subsequently adopted ordinance or initiative regulating the number of building permits which may be issued, then Developer will be entitled to construct the amount of square feet of Project Buildings specified in the Conditions of Approval. As a material part of this Agreement, City agrees that it will not (except as otherwise specifically authorized herein) determine, or seek to have a judicial determination made, that the Property is subject to any subsequently enacted ordinance or initiative regulating the number of building permits which may be issued in any year.

This commitment is necessary and in the best interests of the parties in order to provide the open space, parks, public facilities infrastructure necessary to meet the requirements of the Conditions of Approval, if any, and the needs of City.

13. PERMITTED USES. Permitted uses of the Property, the density and intensity of such uses, the maximum heights and sizes of the Project Buildings and improvements to be constructed on the Property, and the reservation and dedication of land for public purposes, if any, required in connection with the development of the Property are as set forth in and consistent with the and this Agreement does not authorize construction of any building or improvement exceeding the maximum density or building heights set forth in or otherwise required by Applicable Law, as it may be lawfully amended by Developer from time to time.

14. COVENANTS RUNNING WITH THE LAND. As of the Effective Date for any portion of the Property and continuing for the Term provided in this Agreement, the terms and provisions of this Agreement are enforceable by the Parties as equitable servitudes affecting such portion of the Property, constituting covenants running with such portion pursuant to California law including,

14 without limitation, Civil Code § 1468. Each covenant herein to act or refrain from acting is for the benefit of or a burden upon such portion of the Property , run with such portion, and be binding upon Developer and the successors and assigns of Developer during their respective ownerships of such portion of the Property.

15. 2013 AGREEMENT. Upon full execution of this Agreement by the Parties, the 2013 Agreement is superseded in its entirety and is of no further force or effect.

16. OBLIGATIONS OF CITY. In consideration of Developer entering into this Agreement, City agrees to the following with respect to the development of the Property:

A. Processing. City recognizes that expeditious processing of ministerial permits and approvals and discretionary actions, if any, and any other approvals or actions required for the Project can be helpful to the Project. In recognition of this value, City agrees to reasonably cooperate with Developer to establish time frames for processing and reviewing such ministerial permits and approvals and discretionary actions and to comply with any ti meframes established in the Conditions of Approval. Upon satisfactory completion by Developer of all required preliminary actions and payments of appropriate processing fees, if any, City must promptly commence and diligently proceed to complete all required steps necessary for the implementation of this Agreement and the development by Developer of the Property in accordance with the other Conditions of Approval including, without limitation, the following:

i. the holding of all required public hearings; and

ii. the processing and approval of all ministerial approvals and related matters as necessary for the completion of the development of the Project. In this regard, Developer will, in a timely manner, provide City with all documents, applications, plans and other information necessary for City to carry out its obligations hereunder as required by the Applicable Law and must cause Developer’s planners, engineers and all other consultants to submit in a timely manner all required materials and documents therefor e as required by the Applicable Law.

iii. Standard of Review. The rules, regulations and policies that apply to any ministerial approvals which must be secured before the construction of any portion of the Project must be the Applicable Law . Any m inisterial approval, including without limitation a building permit, must be approved by City within a reasonable period of time after application is made therefor.

iv. Contract Services. If requested by Developer, at Developer’s expense, City must obtain outside contrac tual services as necessary to ensure prompt processing of all Conditions of Approval.

15 17. REIMBURSEMENT FOR CITY’S EFFORTS ON BEHALF OF DEVELOPER. To the extent that City, on behalf of (and requested by) Developer, attempts to enter into binding agreements with other entities in order to assure the availability of certain permits and approvals or services necessary for development of the Project as described in this Agreement, Developer must reimburse City for all costs and expenses incurred in connection with seeking and entering into any such agreement. Any fees, assessments or other amounts payable by City pursuant to any such agreement described herein must be borne by Developer , except where Developer has notified City in writing, before City entering into such agreement, that it does not desire for City to process an application from any third-party entity.

18. OTHER GOVERNMENTAL PERMITS . City agrees to cooperate with Developer in Developer’s endeavors to obtain permits and approvals as may be required from other governmental or quasi -governmental agencies having jurisdiction over the Property or portions thereof (such as, for example, without limitation, public utilities or utility districts and agencies having jurisdiction over transportation facilities and air quality issues), so long as the cooperation by City will not require City to incur any cost, liability or expense without adequate indemnity against or right of reimbursement therefor from Developer.

19. SIGN APPROVAL. Developer acknowledges that off-site signs and digital signs are currently prohibited in City and that any amendment to the MPMC prohibiting such signs must be submitted for voter approval. If Developer requests an amendment to the MPMC and the City Council, in its sole and absolute discretion, elects to submit any such measure to City ’s electorate which would have the effect of permitting off-site and/or digital signs in City, Developer agrees to pay for any and all City fees and costs related to the potential preparation and election costs related to the ballot measure. In addition, Developer must defend and indemnify City against any legal challenge related to or arising from the proposed ballot measure.

20. TERM OF AGREEMENT. This Agreement is binding upon the Effective Date and, except as otherwise provided, remains in effect for a period of five years commencing from the issuance of the first Certificate of Occupancy for the Property unless terminated earlier by its terms or extended under this Section 20 (the “Term”). Pursuant to MPMC § 21.44.020(E), and except otherwise provided, this Agreement will automatically renew twice for an additional two -year Term, not to exceed a total Term of nine years. That automatic renewal will occur on the anniversary of the Effective Date unless either Party opts, in writing, not to renew the Agreement not less than 90 days before that renewal date. Nothing in this Section prevents Developer from applying to extend the Term for an period of time by providing a written extension notice to City within thirty days of the end of the Term, provided that there is no uncured default of any of Developer’s material obligations under this Agreement at the time. Expiration or termination of this Agreement does not invalidate any prior permits or approvals on the Property issued by City before such expiration or termination, nor does such expiration affect any right City may have by reason of Developer’s covenants to dedicate land or provide public improvements in conjunction with any portion of the Property which is under construction at such time.

21. PUBLIC BENEFITS . The Parties acknowledge and agree that Developer’s agreement to perform and abide by the covenants and obligations of Developer set forth herein is material consideration for City’s agreement to perform and abide by the covenants and obligations of City

16 set forth herein, including without limitation the following specific public benefits for this Agreement:

22. MITIGATION MEASURES. Developer must compl y with the Mitigation Measure and Reporting Plan (“MMRP”) adopted via Resolution No. 2024-R78 on September 18 , 2024 is incorporated by reference into this Agreement as if fully set forth. Failure to comply with the MMRP constitutes a material breach of this Agreement.

23. GREEN CONSTRUCTION. Developer agrees to analyze the feasibility of incorporating green construction practices, materials and features that are environmentally sustainable into new Project Buildings.

24. NEXUS/REASONABLE RELATIONSHIP CHALLENGES. Developer consents to and waives any rights it may have now or in the future to challenge the legal validity of, the conditions, requirements, policies or programs required by the Applicable Law or this Agreement including, without limitation, any claim that they constitute an abuse of the police power, violate substantive due process, deny equal protection of the laws, effect a taking of property without payment of just compensation, or impose an unlawful tax. Developer expressly waives all rights under Section 1542 of the California Civil Code which provides as follows:

GENERAL RELEASE – CLAIMS EXTINGUISHED: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

25. OTHER GOVERNMENTAL PERMITS. Developer must apply in a timely manner for such other permits and approvals from other governmental or quasi -governmental agencies having jurisdiction over the Property as may be required for the development of, or provision of services to, the Project.

26. CONSTRUCTION AND FUNDING OF PROJECT FACILITIES AND
INFRASTRUCTURE. Developer must construct or fund the construction of any Project Facilities and Infrastructure at the time such Project Facilities and Infrastructure are needed to satisfy the requirements of Applicable Law . Except as otherwise provided, Developer has no responsibility for the operation, maintenance, repair or replacement of Project Facilities and Infrastructure.

27. IMPROVEMENT SECURITY. To the extent any Project Facilities and Infrastructure are not financed by a State agency and are being constructed following approval of the relevant final subdivision map, Developer must provide appropriate improvement security pursuant to Government Code §§ 66499, et seq . Any such improvement security must be released in the manner provided by Government Code § 66499.7. City agrees to use reasonable efforts to ensure the partial release of any improvement security provided by Developer upon the partial performance of the secured act or City’s good faith acceptance of the secured Project Facilities and Infrastructure as completion of such improvements progresses.

17 28. DEDICATIONS. To the extent that rights-of-way or other interests in real property owned by Developer within the Property are needed for the construction, operation or maintenance of Project Facilities and Infrastructure, Develope r must dedicate such right -of-way or other interest in real property to City (or other appropriate entity) at the time such land is actually needed for Project Facilities and Infrastructure. Any public improvements constructed by Developer and dedicated to City, and any right-of-way or other real property dedicated to City, will be dedicated free and clear of any liens unacceptable to the City. City must consider accepting each offer of dedication of the Project Facilities and Infrastructure required by this Agreement or Applicable Law within 60 days of such offer by Developer, provided that the applicable improvements are completed consistent with the Applicable Law. All other Developer offers of dedication required by this Agreement or the Project Approval s must be accepted by the City within a reasonable time, provided that the applicable improvements are completed consistent with Applicable Law.

29. REVIEW OF COMPLIANCE. City will conduct a review of this Agreement as set forth in the following subsections.

A. Annual Review. Ci
ty must review the extent of good faith compliance by Developer with the terms of this Agreement at least once every 12-month period from the Effective Date of this Agreement.

B. Procedure. Suc h annual review must be conducted in accordance with the MPMC.

C. Notice. Ci ty must notify Developer in writing of the date of review at least 30 days prior thereto.

D. Good-fa ith Compliance. During each annual review, Developer is required to demonstrate good faith compliance with the material terms of this Agreement.

Developer agrees to furnish reasonable evidence of good faith compliance as City, in the exercise of its reasonable discretion, may require. If requested by Developer, City agrees to provide to Developer, a certificate that Developer, or a duly authorized assignee, transferee or successor in interest, is in compliance with the terms of this Agreement, provided Developer reimburses City for all reasonable and direct costs and fees incurred by City with respect thereto.

E. Production of Doc
uments and Other Evidence. Developer agrees to furnish such reasonable evidence and adequate documentation of good faith compliance as City, in the exercise of its reasonable discretion, may require.

F. Cost of Annual Review. Th
e actual and reasonable costs incurred by City in
connection with the annual review must be borne by Developer.

G. Failure to Conduct Annual Review. Ci ty’s failure to perform an annual review does not constitute a Developer default.

H. Special Reviews. I n addition, the City Council may order a special periodic review of Developer’s compliance with this Agreement at any time. The cost of such

18 special reviews will be borne by City, unless such special review demonstrates that Developer is not acting in good faith compliance with the material provisions of this Agreement. In such cases, Developer must reimburse City for all actual and reasonable costs , direct and indirect, incurred in conjunction with the special review.

I. Procedure for Review. T he Director will conduct the review contemplated by this Section to ascertain whether Developer has reasonably complied in good faith with the material terms and conditions of this Agreement during the period for which the review is conducted. The Director will give Developer notice that any such review has been commenced, and give Developer at least 20 days after Developer’s receipt of such notice to provide the Director such information as Developer deems relevant to such review. In addition, upon the written request of the Director, Developer must furnish such documents or other information as reasonably requested by the Director.

J. Finding of Compliance. If
, following such a review, the Director finds good faith compliance by Developer with the material terms and conditions of this Agreement, the Director will issue to Developer an executed certificate of compliance, certifying Developer’s good faith compliance with the terms and conditions of this Agreement through the period of such review.

K. Findi
ng of Non -Compliance. If, following such a review, the Director finds that Developer has not complied in good faith with the material terms and conditions of the Agreement, the Director will provide notice to Developer detailing such non- compliance. Upon receipt of such notice, Developer (or a Mortgagee , if any, as provided in Section 30.B) may commence to cure the stated non- compliance in accordance with the terms of this Agreement. If Developer (or a Mortgagee, if any) fails to cure the non- compliance pursuant to the terms of this Agreement, the Director must notify the City Council that the Agreement be terminated. Developer (or a Mortgagee, if any) may dispute any such claim of non- compliance or failure to cure at a public hearing before such termination.

L. Effect on Default Pro cedures. Nothing in this Section may be interpreted to prevent City from providing Developer (and any Mortgagee that has requested such notice pursuant to Section 30.B) with a notice of default hereunder at any time, including any time other than during a periodic review under this Section, or from terminating this Agreement pursuant to the provisions of this Agreement.

30. MOR
TGAGES.

A. Mortgagee Protection . No br each of this Agreement will defeat, render invalid, diminish or impair the lien of any Mortgage and any acquisition or acceptance of title or any right or interest in or with respect to the Property or any portion thereof pursuant to a Mortgage, foreclosure, trustee’s sale, deed in lieu of foreclosure or otherwise is subject to all of the terms and conditions contained in this Agreement

19 and entitled to all of its benefits. City may not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement and does not, in City’s sole determination, diminish City’s benefits in this Agreement or the security for those benefits.

B. Notice of Default to Mortgagee: Right of Mortgagee to Cure. If City receives notice from a Mortgagee requesting a copy of any notice of default given hereunder and specifying the address for service thereof, and the Mortgagee has recorded a copy of such request in the official records of Los Angeles County in the manner required under Civil Code § 2924b with respect to Requests for Notices of Default, then City must deliver to such Mortgagee, concurrently with service thereon to the applicable Party, any notice given to the applicable Party with respect to any claim by such Party that it ha s not complied in good faith with the material terms of this Agreement or has committed an event of default. Each Mortgagee has the right (but not the obligation) for a period of 90 days after the receipt of such notice from such Party to cure or remedy, or to commence to cure or remedy, the claimed default or act of noncompliance set forth in such Party’s notice. If the default is of a nature which can only be remedied or cured by such Mortgagee upon obtaining possession, such Mortgagee may (but is not obligated to) seek to obtain possession with diligence and continuity through foreclosure, a receiver or otherwise, and may (but is not obligated to) thereafter remedy or cure the default or noncompliance within 30 days after obtaining possession. If any such default or noncompliance cannot, with diligence, be remedied or cured within such 30-day period, then such Mortgagee may have such additional time as may be reasonably necessary to remedy or cure such default or noncompliance if such Mortgagee commences cure during such 30 day period, and thereafter diligently pursues and completes such cure.

C. Liability for Past Defaults and Obligations . Subj
ect to the foregoing, any
Mortgagee, including the successful bidder at a foreclosure sale, who comes into possession of the Project or the Property or any part thereof pursuant to foreclosure, eviction or otherwise, will take such property subject to the terms of this Agreement and in no event will any such property be released from any obligations associated with its use and development under the provisions of this Agreement. Nothing prevents City from exercising any remedy it may have for a default under this Agreement.

D. Bankruptcy. Not
withstanding the foregoing provisions of this Section 9, if any Mortgagee is prohibited from commencing or prosecuting foreclosure, or other appropriate proceedings in the nature thereof, by any injunction issued by any court or by reason of any action by any court having jurisdiction of any bankruptcy or insolvency proceeding involving Developer, the times specified in Section 30.B for commencing or prosecuting foreclosure or other proceedings will be extended for the period of the prohibition.

20 31. DEFAULT AND REMEDIES.

A. Notice and Cure. In t he event of failure by any Party substantially to perform any material terms, covenant or condition of this Agreement , which is required on its part to be performed, the non-defaulting P arty has those rights and remedies provided in this Agreement, provided that such non- defaulting Party has first sent a notice of default, identifying with specificity the nature of the alleged default.

B. Tim
e to Cure. In the case of a monetary default by Developer, Developer must promptly commence to cure the identified default and must complete the cure of such default within 20 business days after receipt by Developer of the notice of default. In the case of a non-monetary default by either Party, the alleged defaulting Party must promptly commence to cure the identified default and complete the cure within 60 days after receipt of the notice of default. The 60-day cure period for a non-monetary default will be extended as is reasonably necessary to remedy such default, provided that the alleged defaulting Party commences such cure promptly after receiving the notice of default and continuously and diligently pursues such remedy at all times until such default is cured.

32. REMEDIES FOR MONETARY DEFAULT. In the event of default by Developer in the performance of any of its monetary obligations under this Agreement which remains uncured 20 business days after receipt by Developer of a notice of default from City and after expiration of Mortgagee’s cure period (if a Mortgagee of Developer has delivered a Request for Notice to City), City has available any right or remedy provided in this Agreement, at law or in equity. All of said remedies are cumulative and not exclusive of one another, and the exercise of any one or more of said remedies does not constitute a waiver or election in respect to any other available remedy.

33. REMEDIES FOR NON- MONETARY DEFAULT. In the event of non- monetary default by either Party hereunder which remains uncured (i) after expiration of all applicable notice, cure periods and other conditions contained in Section 31.B above , and (ii) in the case of a default by Developer, in addition to the foregoing and after the expiration of Mortgagee’s cure period (if a Mortgagee of Developer has delivered a Request for Notice to the City), the non-defaulting Party has available any right or remedy provided in this Agreement, or provided at law or in equity , except as prohibited by this Agreement. All of said remedies are cumulative and not exclusive of one another, and the exercise of any one or more of said remedies does not constitute a waiver or election in respect to any other available remedy.

A. City and Developer acknowledge that monetary damages and remedies at law generally are inadequate and that specific performance, including injunctive relief is an appropriate remedy for the enforcement of this Agreement. Therefore, the remedy of specific performance, including injunctive relief, is available to both City and Developer under this Agreement in the event of a non-monetary Default.

B. City does not have the right to sue for monetary damages as a result of a non- monetary default under this Agreement. Developer does not have the right to sue for monetary damages for any default under this Agreement.

21 34. TERMINATION OF AGREEMENT BY CITY. If City (a) finds and determines, on the basis of substantial evidence, that Developer has not been in good faith compliance with the material terms and conditions of this Agreement, or City finds and determines that there has been a default by Developer of its obligations under this Agreement; and (b) City provided notice and Developer (or a Mortgagee, if applicable) has not cured such default within the applicable cure period, City may commence proceedings to terminate this Agreement. The procedures for termination of this Agreement by City are as follows:

A. City must provide notice to Developer (and to any Mortgagee of Developer which has delivered a Request for Notice to City) of its intention to terminate this Agreement. The notice must contain the time and place of a public hearing to be held by the City Council on the determination of City to proceed with termination or modification of this Agreement. The public hearing may not be held earlier than:
(i) 31 days after delivery of the notice to Developer, or (ii) if a Mortgagee has delivered a Request for Notice, the day following the expiration of the Mortgagee’s cure period.

B. If, following the conclusion of the public hearing, the City Council: (i) determines that Developer is in default of its obligations under this Agreement beyond the applicable rights, remedies and cure periods set forth in this Agreement or has not been in good faith compliance with this Agreement, as applicable, beyond the applicable rights, remedies and cure periods set forth therein; and (ii) further determines that Developer (or the Mortgagee, if applicable) has not cured the acts or omissions that constitute the basis of the determination under subsection (i) or, if those acts or omissions could not be r easonably remedied before the public hearing, that Developer (or the Mortgagee) has not in good faith commenced to cure or correct such acts or omissions before the public hearing or is not diligently and continuously proceeding therewith to completion, the City Council may terminate this Agreement.

35. TERMINATION OF AGREEMENT BY DEVELOPER . In the event that (i) City breaches this Agreement and has not cured such default within the applicable cure period, or (ii) as otherwise permitted under this Agreement, Developer may terminate this Agreement by providing notice to City. Termination is effective upon City’s receipt of Developer’s notice.

36. REQUIRED ACTIONS OF PARTIES; FURTHER ASSURANCES. City and Developer must execute all such instruments and documents and take in good faith all actions necessary or convenient to consummate the actions herein contemplated.

37. ASSIGNMENT. Developer may transfer or assign its rights under this Agreement in whole or in part to any person acquiring all or any portion of the Property and provide notice of such assignment to City. The terms, covenants, and conditions of this Agreement are binding upon any transferee whether or not such an assignment and assumption agreement is signed by the assignee upon acquiring the Property. Express assumption of Developer’s obligations under this Agreement by any such transferee or assignee releases Developer from the obligations so assigned, and City

22 will look solely to the transferee or assignee for performance of the assigned obligations under this Agreement.

38. NEGATION OF AGENCY. Each Party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between City and Developer is that of a government entity regulating the development of private property by the owner of such property.

39. CONSIDERATION. City and Developer acknowledge and agree that there is good, sufficient and valuable consideration flowing to City and to Developer pursuant to this Agreement and more particularly set forth in the Recitals of this Agreement. The Parties further acknowledge and agree that the exchanged consideration hereunder is fair, just, and reasonable.

40. RECORDATION. As provided in Government Code § 65868.5, the City Clerk must record a copy of this Agreement with the Registrar-Recorder of the County of Los Angeles within 10 days following execution by both Parties. Developer must reimburse City for all costs of such recording, if any.

41. NOTICES. All notices under this Agreement must be in writing and are effective when personally delivered or upon receipt after deposit in the United States mail as registered or certified mail, postage prepaid, return receipt requested, to the following representatives of the Parties at the addresses indicated below or to such other addresses as one Party may provide to the other from time to time:

If to the City:

City of Monterey Park
320 West Newmark Avenue
Monterey Park, CA 91754
Attention: City Manager
With a copy to:

Burke, Williams & Sorensen, LLP
444 South Flower Street, Suite 2400
Los Angeles, CA 90071-2953
Attention: Karl H. Berger, Esq.

If to Developer:

The Commons of MPK LLC
812 S Atlantic Blvd Suite A,
Monterey Park, CA 91754
Attn: Alex Lai

With a copy to:

JMBM
1900 Avenue of the Stars, 7
th Floor
Los Angeles, CA 90067
Attn: Daniel Freedman

42. AMENDMENT OR CANCELLATION.

23 A. Amendment by Mutual Consent . This Agreement may be amended from time to time by mutual written consent of the original parties or their successors in interest, with City’s actual and reasonable costs payable by amendment applicants, in accordance with the provisions of Government Code §§ 65867 and 65868 and provided that: (i) any amendment to this Agreement which does not relate to the term, permitted uses, density or intensity of use, height or size of buildings, provisions for reservation and dedication of land, conditions, terms, restrictions and requirements relating to subsequent discretionary actions, monetary contributions by Developer or any conditions or covenants relating to the use of the Property , does not require notice or public hearing before the parties may execute an amendment hereto; and (ii) any other amendment of this Agreement will follow the MPMC.

B. Amendment Exemptions.

It is contemplated by City and Developer that Developer may, from time to time, seek amendments to one or more of the Conditions of Approval and F uture Conditions of Approval . Any such amendments are contemplated by City and Developer as being within the scope of this Agreement as long as they are consistent with the Applicable Law and will, upon approval by City, continue to constitute the Conditions of Approval as referenced herein. The parties agree that any such amendments do not constitute an amendment to this Agreement nor require an amendment to this Agreement.

C. Amendment of Development Permits. Upon t
he written request of Developer, any
Development Approval, including the Vesting Map may from time to time be amended or modified in the manner set forth in this Agreement, the Applicable Law and applicable State laws.

43. WA
IVER. No waiver of any provision of this Agreement is effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought and referring expressly to this Section. No waiver of any right or remedy in respect of any occurrence or event is deemed a waiver of any right or remedy in respect of any other occurrence of event.

44. SUCCESSOR AND ASSIGNS. The provisions of this Agreement are binding upon and inure to the benefit of the Parties, and any subsequent owners of all or any portion of the Property and their respective successors and assigns. Any successors in interest to City are subject to the provisions set forth in Government Code §§ 65865.4 and 65868.5.

45. INTERPRETATION AND GOVERNING STATE LAW. This Agreement and any dispute arising hereunder are governed and interpreted in accordance with the laws of the State of California. This Agreement must be construed as a whole according to its fair language and common meaning to achieve the objective and purposes of the Parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party may not be employed in interpreting this Agreement, both Parties having been represented by counsel in the negotiation and preparation hereof. All legal actions brought to enforce the t erms of this

24 Agreement must be brought and heard in the Superior Court of the State of California, County of Los Angeles.

46. CONSTRUCTIVE NOTICE AND ACCEPTANCE. Every person who, now or hereafter, owns or acquires any right, title or interest in or to any portion of the Property is conclusively deemed to have consented and agreed to every provision contained herein, whether or not any reference to this Agreement is contained in the instrument by which such person acquired an interest in the Property.

47. NO THIRD PARTY BENEFICIARIES. This Agreement is made and entered into for the sole protection and benefit of the Parties and their mortgagee(s), successors and assigns. No other person or entity has any right of action based upon any provision of this Agreement.

48. COUNTERPARTS. This Agreement may be executed in two or more identical counterparts, each of which is deemed to be an original and each of which is deemed to be one and the same instrument when each Party signs each such counterpart.

49. INCORPORATION OF ATTACHMENTS. All recitals and attachments to this Agreement, including all Exhibits referenced herein, and all subparts thereto, are incorporated by this reference.

50. DETERMINATIONS. Whenever in this Agreement the consent or approval of any Party to this Ag reement is required, such consent or approval may not be unreasonably withheld, conditioned, or delayed. In addition, unless a contrary standard or right is set forth herein, whenever any P arty is granted a right to take action, exercise discretion, or make an allocation, judgment or other determination, each Party must act reasonably, in good faith and in accordance with the requirements of this Agreement.

51. HOLD HARMLESS AGREEMENT.

A. Developer hereby agrees to, and must defend, save and hold City and its el ected and appointed boards, commissions, officers, agents, and employees harmless from, any and all claims, costs and liability for any damages, personal injury or death, which may arise, directly or indirectly, from Developer’s or Developer’s contractors’, subcontractors’, agents or employees’ operations under this Agreement, whether such negligent operations be by Developer or by any of Developer’s contractors, subcontractors, agents or employees. The foregoing hold harmless provision does not apply to any claims, costs or liability arising from the negligence or willful misconduct of City or City’s contractors, subcontractors, agents or employees.

B. Developer agrees to indemnify and hold City harmless from and against any claim, action, damages, costs (inc luding, without limitation, reasonable attorney’s fees), injuries, or liability, arising from City’s approval of the Project, this Agreement, and all procedures with approving this Agreement (collectively, “ Project Approvals”). Should City be named in any suit, or should any claim be brought

25 against it by suit or otherwise, whether the same be groundless or not, arising out of the Project Approvals, Developer agrees to defend City (at City’s request and with counsel satisfactory to City) and will indemnify City for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this Section “City” includes the City of Monterey Park’s elected officials, appointed officials, officers, and employees. This defense and indemnification obligation specifically excludes any claims arising from City’s negligence or willful actions or omissions and any claims arising from the sole negligence or willful actions or omissions of the Oil Site Custodial Trust (“Trust”) related to existing and ongoing environmental remediation of the Property or actions taken in furtherance of the Trust’s duty to maintain and keep safe the Property before the time that Developer took possession or control of all or a portion of the Property.

C. This indemnification, hold harmless and defense requirement survives termination of this Agreement.

D. Absent a court order, the filing of any lawsuit(s) by a third party (not a Party to this Agreement) after the Effective Date ag ainst City and/or Developer relating to this Agreement or to other development issues affecting the Project does not delay or stop City’s processing or issuing any permit or authorization necessary for development of the Project, unless City in good faith determines that such delay is legally required or could potentially subject the City to monetary damages.

52. ESTOPPEL CERTIFICATE. Either Party may, at any time, and from time to time, (but not more frequently than two times in any calendar year) deliver not ice to the other Party requesting such party to certify in writing that, to the knowledge of the certifying Party, (i) this Agreement is in full force and effect and a binding obligation of the Parties, (ii) this Agreement has not been amended or modified either orally or in writing, or if so amended, identifying the amendments, and (iii) the requesting Party is not in default in the performance of its obligations under this Agreement, or if in default, to describe therein the nature and amount of any such defaults. A Party receiving a request hereunder must execute and return such certificate or give a written detailed response explaining why it will not do so within 30 days following the receipt thereof. Each Party acknowledges that such a certificate may be relied upon by third parties acting in good faith. A certificate provided by City establishing the status of this Agreement with respect to the Property will be in recordable form and may be recorded with respect to the affected parcels at the expense of the recording Party. Failure to deliver such a certificate or a written denial within the time specified above constitute s a rebuttable presumption against the Party failing to provide the certificate that this Agreement is in full force and effect, without modification, except as may be represented by the requesting Party; and that there are no uncured defaults in the performance of the requesting Party except as may be so represented. All costs incurred in providing the notice(s) anticipated by this Se ction 52 including reasonable attorney’s fees are borne by the requesting Party.

53. AUTHORIZED DELAYS. Performance by any Party of its obligations hereunder is excused during any period of Excusable Delay, as hereinafter defined, provided that the Party claiming the delay gives notice of the delay to the other Parties within 30 days after the commencement of same

26 has been ascertained. For purposes hereof, “ Excusable Delay” means delay that directly affects, and is beyond the reasonable control of, the Party claiming the delay including, without limitation:
(a) pandemic, (b) civil commotion or act(s) of terrorism; (c) riot; (d) strike, picketing or other labor dispute; (e) shortage of materials or supplies; (f) damage to work in progress by reason of fire, flood, earthquake or other casualty; (g) failure, delay or inability of City to provide adequate levels of public services, facilities or infrastructure to the Property including, by way of example only, the lack of water to serve any portion of the Property due to drought; (h) delay caused by governmental entities; or (i) litigation brought by a third party attacking the validity of this Agreement, Applicable Law, or any other action necessary for development of the Project. Except for an Excusable Delay under clause (i) above, the payment of fees or monies by Developer under this Agreement is not excused or delayed during any period of Excusable Delay. The condition of the world, country, state or local economy does not constitute an Excusable Delay.

54. [Reserved]

55. ENFORCEABILITY OF AGREEMENT. City and Developer agree that unless this Agreement is amended or terminated pursuant to the provisions of this Agreement and the Applicable Law, this Agreement is enforceable by any P arty hereto notwithstanding any change hereafter in any Applicable Law
adopted by City which change, alter or amend the Applicable Law governing the development of the Property as of the Effective Date, as provided by Government Code §§ 65866 and 65867.5, unless City determines that the failure to apply such change would place the residents of City in a condition dangerous to their health or safety, or both. This Agreement does not prevent City from denying or conditionally approving any subsequent development project application by a third party not a successor -in-interest hereto on the basis of such existing or new rules, regulations and policies.

56. SINGULAR AND PLURAL; GENDER. Except where the context requires otherwise, the singular of any word includes the plural and vice versa, and pronouns inferring the masculine gender includes the feminine gender and vice versa.

57. ENFORCEMENT OF COVENANTS. All of the provisions of this Agreement are enforceable as equitable servitudes and constitute covenants running with the land pursuant to applicable law, including without limitation, Civil Code §1468.

58. ADMINISTRATION OF AGREEMENT. Any decision by City concerning the interpretation and administration of this Agreement and development of the Property in accordance herewith may be appealed by Developer to the City Council in accordance with the MPMC. Developer may not seek judicial review of any administrative decision without first having exhausted its remedies pursuant to this Section.

59. SEVERABILITY. If any article, section, subsection, term or provision of this Agreement, or the application thereof to any party or circumstance, to any extent, is invalid or unenforceable, the remainder of the article, section, subsection, term or provision of this Agreement, or the application of the same to parties or circumstances other than those to which it is held invalid or unenforceable, will not be affected thereby, and each remaining article, section, subsection, term or provision of this Agreement is valid and enforceable to the fullest extent permitted by law.

27 60. ENTIRE AGREEMENT. This Agreement supersedes any prior understanding or written or oral agreements between the Parties hereto respecting the within subject matter and contains the entire understanding between the Parties with respect thereto.

61. ELECTRONIC SIGNATURES. This Agreement 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.

62. AUTHORIZATION. Each person executing this Agreement represents and warrants that he or she is authorized and has the legal capacity to execute and deliver this Agreement on behalf of the Party for which execution has been made.

63. RESERVATION OF RIGHTS. N othing contained in this Agreement limits , waive s, or conflicts with Developer’s rights and remedies provided by applicable S tate housing and development laws, including but not limited to the Permit Streamlining Act, Subdivision Map Act, Housing Crisis Act, and the Housing Accountability Act (collectively, “State Housing Laws”).

Developer voluntarily, knowingly, and intelligently consents to this Agreement under protest.

28 CITY

CITY OF MONTEREY PARK,
A municipal corporation

Inez Alvarez, City Manager
Dated:

ATTEST:

Maychelle Yee, City Clerk

APPROVED AS TO FORM:

Karl H. Berger, City Attorney

DEVELOPER

THE COMMONS OF MPK, LLC
a California limited liability company
By:____________________________
Title:
______________________________
Dated:

APPROVED AS TO FORM:

By:
_________________________
<Developer Legal Counsel>

29 EXHIBIT "A"

LEGAL DESCRIPTION OF PROPERTY

(Per Title Report)

Real property in the City of Monterey Park, County of Los Angeles, State of California, described as follows:

Parcel 1:

Lot 8 in Block “O” Tract No. 786, in the City of Monterey Park, County of Los Angeles, State of California, as per Map recorded in Book 16 Pages 58 and 59 of Maps, in the Office of the County Recorder of said County.

Parcel 2:

The South 63.5 feet of Lot 7 Block “O” of Tract 786 in the City of Monterey Park, County of Los Angeles, State of California, as per Map r ecorded in Book 16, Pages 58 and 59 of Maps in the Office of the County Recorder of said County.

Parcel 3:

The North half of Lot 9, in Block “O”, of Tract 786, in the City of Monterey Park, County of Los Angeles, State of California, as per Map recorded in Book 16, Pages 58 and 59 of Maps, in the Office of the County Recorder of said County

APNs: 5259-004-037, 5259-004-036, 5259-004-038

Staff Report
October 2, 2024

ATTACHMENT 2
City Council Staff Report, dated September 18,
2024 (without attachments)

City Council Staff Report
DATE: September 18, 2024
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Jessica Serrano, Director of Community Development SUBJECT: A public hearing to consider approval of the construction and subdivision of air rights for a 64 -unit condominium development (“Project”) on the real property located at 338 – 410 South Alhambra Avenue, also identified by Assessor’s Parcel Numbers 5259 -004-036, 5259-004-037, and 5259-004-038.

RECOMMENDATION:

It is recommended that the City Council consider:

1. Opening the public hearing and taking testimonial and documentary evidence;

2. Receiving documentary and testimonial evidence;

3. Closing the public hearing;

4. After considering the evidence received during the public hearing for the construction and subdivision of air rights for a 64-unit condominium development:
(1) adopting a resolution to adopt a Mitigated Negative Declaration (“MND”) (State Clearing House Number 2024051026) and approving Tentative Map No. 84188 (“TM-23-05”), Design Review (“DRB-23-105”); and (2) introducing and waiving the first reading of an ordinance approving Development Agreement ( “DA-23-03”) ; and

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

CEQA (California Environmental Quality Act):

The City reviewed the environmental impacts of the Project 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”). An initial study was prepared in accordance with the CEQA Guidelines § 15063 (“IS”) which shows that, if mitigated, the Project would not cause any significant environmental impacts. Accordingly, pursuant to CEQA § 21091, the City prepared a Mitigated Negative Declaration (“MND”) of environmental impacts for the Project. Based on the IS findings, and with proposed mitigation measures for air quality, biological resources, cultural resources, geology and soils, and noise, the Project would not result in significant environmental impacts.

The IS, MND and a notice of intent to adopt the MND was prepared, circulated, and made available for public review between Thursday, May 23, 2024, and Wednesday, June 12, Public Hearing - 4A

Staff Report

September 18, 2024
2024. During this period, the City received 32 comments in support of the project and 35 comments protesting the project. While many of the comments received did not include CEQA related issues, those that did were evaluated and incorporated into the MND a s appropriate. Accordingly, no further environmental review is required.

BOARD/COMMISSION REVIEW:

On August 27, 2024 the Planning Commission reviewed the project and adopted a resolution recommending the City Council approve TM-23-05, DRB-23-105, and DA-23- 03 for the construction and subdivision of air rights for a 64 -unit condominium development and its MND (collectively the “Project”). It was further recommended that a condition be added to minimize effects to traffic, noise and air quality during construction of the Project. The Commission approved by a 4-0 vote, with 1 member abstaining.

EXECUTIVE SUMMARY:

The proposed project is a 64-unit mixed-market rate and affordable housing development on the real property located at 338 – 410 South Alhambra Avenue (the “Property”) and includes the construction of seven townhomes at the front of the Property and a rear building containing 57 stacked condominium units. By developing seven units affordable to very-low income households, the Project is able to utilize State density bonus law, including incentives, to increase the number of units that can be built which contributes towards the City’s Regional Housing Needs Assessment (“RHNA”).

TYPE OF ACTION (LEGISLATIVE; QUASI-JUDICIAL; OR ADVISORY):

Legislative: The recommended action includes an Ordinance associated with DA-23-03.

In considering such actions, the City Council acts in its discretionary legislative capacity.

Pursuant to Government Code § 65867.5, to approve the development agreement, the City Council must find that the:
• Provisions of the agreement are consistent with the general plan and any applicable specific plan; and
• Agreement provides that any tentative map prepared for the subdivision will comply with Government Code § 66473.7.

Quasi-judicial: The recommended action includes the adoption of a resolution approving a TM-23-05and DRB-23-105, and MND. In considering such actions, the City Council acts in a quasi-judicial role. When doing so, the City Council acts like a court; it applies facts gathered during a public hearing to existing law . Just like a court, the City Council can only consider facts that are relevant to the case. A party appearing before the legislative body is entitled to:
• Notice of the proposed action;
• Reasons for the action;
• A copy of the evidence on which the action is based; and

Staff Report

September 18, 2024
• The right to respond before a reasonably impartial, non-involved reviewer.

The City Council must base its decision upon substantial evidence within the record. “Substantial evidence” generally means enough relevant information and reasonable inferences from information gathered during a public hearing that a fair argument can be made to support a conclusion, even though other conclusions might also be reached.

Argument, speculation, unsubstantiated opinion or narrative, evidence which is clearly erroneous or inaccurate, or evidence of social or economic impacts does not constitute substantial evidence. Substantial evidence includes facts, reasonable assumptions predicated upon facts, and expert opinion supported by facts. If the City Council asks irrelevant questions and bases its decision -making on such questions, a court may overturn the City Council’s decision and potentially hold the City liable for violating the applicant’s constitutionally protected due process rights.

Pursuant to Monterey Park Municipal Code “(MPMC”) section 21.04.070, t o approve the TM-23-05the City Council must find that the project is:
• Consistent with the Monterey Park General Plan;
• Consistent with any applicable specific plan or planned development; • Consistent with the provisions of the MPMC;
• In the interest of public health and safety; and
• A necessary prerequisite to the order development of the surrounding area.

Pursuant to MPMC section 21.36.060, to approve the DRB-23-105the City Council must find that the project:
• Is compatible and in keeping with the character of the neighborhood and not detrimental to the general welfare of the neighborhood in which they are located; • Reflects the values of the community; enhance the surrounding environment; and harmonize with its surroundings; and
• Provides a visually pleasing setting for structures on the site through landscaping.

Pursuant to CEQA Guidelines § 15074, to approve the MND, the City Council must find:
• On the basis of the whole record before it (including the initial study and any comments received), that there is no substantial evidence that the project will have a significant effect on the environment and that the negative declaration or mitigated negative declaration reflects the lead agency's independent judgment and analysis.

Pursuant to Government Code § 65915, to approve the density bonus, the City Council must find that the:

Staff Report

September 18, 2024
• The site will include 15% or more units restricted to very-low income households.

These findings are included in the attached Resolution (Attachment 1) and Ordinance (Attachment 2); the facts upon which these findings rely on are also included within the body of documents. The facts to make such findings are based upon substantial evidence gathered during all the public hearing s, including , without limitation, the special City Council meeting on July 18, 2024, regular Planning Commission meeting on August 27, 2024, and regulate City Council meeting on September 18, 2024.

BACKGROUND:

The Applicant is requesting approval of TM-23-05, DRB-23-105 and DA-23-03 for the subdivision of air rights to construct a 64 -unit mixed market and affordable housing condominium development at 338-410 South Alhambra Avenue. The Property is zoned R-3 (High -Density Residential) and has a General Plan designation is High Density Residential. An in -depth analysis is set forth in the Planning Commission staff report dated August 27, 2024 (Attachment 4), a brief summary of the Project is provided below.

Site Plan
The Project is designed with two housing project types that total 64 multi-family residential dwelling units: (1) seven townhomes fronting onto Alhambra Avenue and (2) 57 stacked condos in the building behind the townhomes. Parking for the townhomes are attached two-car garages, while a 83-space subterranean parking garage serves the condo units.

The Project will be accessed by two driveways, at the north and south end of the Property see Figure 1).

Figure 1: Site Plan

Staff Report

September 18, 2024
Floor Plans
All living areas for both the townhome units and the condo units will be above the parking areas. Townhome units have three bedrooms, 2.5 bathrooms, and feature private open space on balconies. The balance of the condo units are contained in a single building, with units developed around a centralized courtyard area that serves as common open space. Other common open space ar eas include community rooms, a business center, a roof trellis, and a gym.

Below is a summary of the unit types, and square footages:

Type # of Bedrooms Size # of Units
Townhomes three-bedroom 2,070 square feet 7
Attached Condos one bedroom 645 square feet 15
Attached Condos two-bedroom 1,000 square feet 33
Attached Condos three-bedroom 1,300 square feet 9
Total 64
Architectural Design
The architectural design of the Project includes a contemporary style of architecture, combining clean lines, simple building forms such as a flat roof with a parapet, a mix of wall finishes including stucco, concrete, wood siding, and windows with dark tr ims.

Recessed balconies and front entries are located along the Alhambra Avenue elevation, and the use of large windows help break up the massing and scale of the Project. The mix of textures contribute to the overall clean and uncluttered appearance (see Figure 2).

Figure 2: West Elevation (facing Alhambra Avenue)
Density Bonus
A Density Bonus is proposed as part of this Project and is a mechanism established by California law that allows developers to obtain concessions and/or waive local development requirements in exchange for building affordable housing.

The High-Density Residential land use designation of the General Plan allows 30 units per acre. The Property is approximately 1.73 acres; accordingly, 51.9 units are permitted by the General Plan at 30 dwelling units per acre, before considering Density Bonus law.

The proposed 64-unit housing development with a density of 37.5 units per acre is less

Staff Report

September 18, 2024
than the maximum as allowed under Density Bonus law which is 77 units at 45 units per acre.

Since the Project designates 15% of the units as restricted to very -low incomes households, the City is mandated by California law to grant a minimum of three incentives that allow the Applicant to avoid certain development standards that it retains discre tion to choose. As part of the density bonus, the applicant has requested that incentives be provided to the following areas, consistent with the MPMC §21.18.050:
• Height – additional story or 6’ above 30’ maximum (i.e. 1 story/36’); • Open Space – reduction 15% of total requirement; and
• Rear setback – reduction of 20% (i.e. 5’).

As proposed, the Project meets development standards found in the MPMC and requirements found in City and State Density Bonus law.

Tentative Map (“TM”)
The Property is comprised of three lots totaling 75,386 square feet (1.73 acres). The Applicant proposes to reconfigure the three lots into one lot and simultaneously subdivide the Property for air rights for each dwelling unit. The subdivision allows sepa rate ownership of each dwelling unit (persons own the air space of a particular dwelling, while all the condominium owners mutually own and are responsible for all maintenance of the buildings and the common areas).

The proposed TM is consistent, in terms of density and use, with the MPMC and General Plan designations. The Public Works Department, Fire Department and other agencies reviewed the TM and plans, and proposed conditions of approval.

Development Agreement
The Project satisfies all requirements for approval, including General Plan consistency, of its development agreement. MPMC § 21.44.020(B) requires a development agreement, in a form approved by the City Attorney, for all residential developments with 10 or more dwelling units. The Applicant is proposing public benefits which include:
• Creation of affordable housing units in the very low-income category, • Local hire preference,
• Buy local preference,
• Local resident preference for the eventual rental or sales of affordable units, and • Enhanced electric vehicle charging capabilities at the site.

The Development Agreement also includes additional stipulations, which will limit impacts, and implement the goals, policies, and objectives of the General Plan.

PLANNING COMMISSION PUBLIC HEARING

Staff Report

September 18, 2024
During the Planning Commission public hearing on August 27, 2024, members of the public made comments in support and opposition of the project. Those in opposition expressed concerns related to the following:
• Scale (height) of the Project;
• Density (overall number of units) in the Project;
• Increase traffic and safety issues;
• Lack of on-site parking; and
• Increase of on-street parking demand.

Those expressing support for the project cited the following reasons:
• Increase of homeownership opportunities;
• Increase of affordable housing stock; and
• Well-designed nature of the project.

There also appeared to be a misunderstanding from public comments, where individuals referenced the project as being developed to house the homeless. The Chair provided clarification that the Project is intended for homeownership, with a component allowing for households that are within the very-low income category, the opportunity to purchase units.

The chart below provides summary of comments, either written or verbal received before and during the Planning Commission meeting. Note that some written comments that were received included oral comments during the Planning Commission meeting.

Public Comment Support
Comments
Opposition
Comments
Neutral
Comments
CEQA Notice
(May 23, 2024 - June 12, 2024) 31 35 3
Planning Commission Notice
(August 1, 2024-August 27,
2024)
16 7 0
Planning Commission Meeting
August 27, 2024 2* 16** 0
*Two speakers on behalf of 6 people.
** Including 2 speakers with comments about homeless housing.

While the issues were raised by the public about scale, density, on -site parking, and increase of on-street parking demand, they are functions of what is allowable based on the City and State’s Density Bonus regulations. As indicated above, the overall density of the Project is lower than the maximum density which can be permitted under the density bonus request. Further, the height of the Project is an incentive that is allowed under the City’s local ordinance.

Staff Report

September 18, 2024
Parking requirements that apply to this Project are limited by California law. As proposed, the parking for the Project exceeds the minimum amount of required parking . The increase of parking demand for on-street parking is a possibility, however during the focused traffic study for the Project, it was concluded that Alhambra Avenue and the surrounding streets have the ability to absorb all such overflow.

Comments made by the Commission included the following:
• Questions related to traffic;
• Appreciation for the careful design of the Project to offer transition of buildings and their scale
• Concerns related to regional access to transportation in proximity to proposed project;
• IS/MND comments to further analyze the following:
o Residential displacement;
o Total grading export amount;
o Short term construction impacts such as traffic, noise and air quality from construction vehicles and equipment; and
o Desire to link the Mitigation Monitoring Reporting Program to Conditions of Approval and the Development Agreement.

The questions about traffic were both addressed by engineers from both the Applicant and the City on the measures in place to ensure traffic safety. Pertaining to the IS/MND, the Applicant’s CEQA consultant indicated that analysis provided within the IS/MND and their technical appendices discussed residential displacement and impacts during construction. Total export during grading would be addressed when City reviews and approves grading plans . Additionally, the Mitigation Monitoring program include s measures to address air quality impacts related to construction activities.

The Planning Commission carefully listened to and considered the public comments as well as their own comments, but also acknowledged that as proposed the Project meets development standards as found in the MPMC and adheres to State laws regarding affordable housing, which limit the City's ability to reject such projects.

Moreover, the Commission determined that the Project is appropriate for the Property based on its size and scale, in relation to the surrounding residential land uses. The design of the Project aims to soften its appearance on the street (west) elevation, with the townhomes reducing the scale of the development as it transitions from the townhomes to the condominium building at the rear.

The Planning Commission found that the Project met the requirements of applicable laws and adopted Resolution No. 06-24 recommending City Council approval of the Project, with an added condition to help minimize effects of traffic, noise and air quality during construction of the Project.

A recommended condition of approval has been added to read as follows:

Staff Report

September 18, 2024
The Permittee must submit a construction traffic and management plan for review and approval by the City Engineer before construction. Such plan must include, without limitation, truck hauling routes, traffic control plans, temporary traffic controls, hours of operation, dust mitigation and a notification plan to the area residents with a minimum four-week advanced notice of such activities.
2024-25 STRATEGIC PLAN GOAL:

The Project meets the 2024-25 Strategic Plan Goal to “Strengthen our local economy and enhance housing opportunities” by achieving the goals and programs set forth in the HE related to supporting policies that facilitate and incentivize development of affordable housing units and creating homeownership opportunities.

LEGAL NOTIFICATION:

The legal notice of this hearing was posted at City Hall, Monterey Park Bruggemeyer Library, and Langley Center and published in Monterey Park Press on September 5, 2024, with affidavits of posting on file. The legal notice of this hearing was mailed to 195 property owners within a 300 feet radius of the property. Additionally, 11 interested parties were also emailed the public notice.

FISCAL IMPACT:

There may be an increase to property tax base, sales tax revenue and business license tax revenue. Calculations of the exact amount would be speculative.

Respectfully submitted by: Respectfully prepared by:

Jessica Serrano, Director of
Community Development
Beth Chow, AICP
Planning Manager
Approved by: Reviewed by:

Inez Alvarez
City Manager
Justin A. Tamayo
Deputy City Attorney
ATTACHMENTS:

1. Resolution, including Conditions of Approval and Initial Study/Mitigated Negative Declaration

2. Ordinance

Staff Report

September 18, 2024

3. Architectural Plans and Tentative Map No. 81441 (TM-23-05)

4. Comparison Table of MPMC Development Standards and Proposed Project

5. Planning Commission Agenda Report dated August 27, 2024 (excluding all attachments)

6. Planning Commission Resolution dated August 27, 2024 (excluding Attachment A (Ordinance) and Attachment B (City Council Resolution))

City Council Staff Report
DATE: Oc
tober 2, 2024
AGENDA ITEM NO:

TO: The H
onorable Mayor and City Council
FROM: Chris Thompson, Fire Chief
SUBJECT: Code Enforcement Officer Appreciation Week Resolution RECOM
MENDATION:

It is recommended that the City Council consider:

1. Adopt ing a Resolution declaring the week of October 6 – October 12, 2024, as Code Enforcement Officer Appreciation Week in Monterey Park; and

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

EXECUT
IVE SUMMARY:

The Monterey Park Division of Code Enforcement is celebrating the week of October 6 through October 12, 2024, as Code Enforcement Officer Appreciation Week. This week, sponsored by the California Association of Code Enforcement Officer (CACEO), honors, and recognizes the Code Enforcement profession as an integral part of local government, celebrated throughout the State. The proposed resolution honor s Code Enforcement Officer Appreciation Week for providing support to the Council, departmental staff, other agencies, and residents of Monterey Park.

BACKGROUND:

The California State Legislature passed the Assembly Concurrent Resolution (ACR) No. 283 and filed with the Secretary of State on September 7, 2018, adding the measure that annually designates the second week of October as Code Enforcement Officer Appreciation Week. Monterey Park Code Enforcement Offi cers have challenging and rewarding roles. Officers work with the local community every day to help improve the quality of life and welfare for Monterey Park residents. This is accomplished through the education and enforcement of local, state, and federal laws involving public safety, health, building, zoning, housing, and the environment.

Consent Calendar - 3E

Staff Report

October 2, 2024
Respectfully submitted by: Prepared by:

Chris Thompson
Fire Chief
Reymundo Lozano
Senior Code Enforcement Officer
Approved by:

Inez Alvarez
City Manager

ATTACHMEN
T(S):

1. Resoluti
on

Staff Report
October 2, 2024

ATTACHMENT 1
Resolution

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MONTEREY PARK DECLARING OCTOBER 6 THROUGH
OCTOBER 12, 2024, AS “CODE ENFORCEMENT
OFFICER APPRECIATION WEEK"

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

SECTION 1: The City Council finds as follows:

A. The Monterey Park Division of Code Enforcement is celebrating the week of October 6 through October 12, 2024, as Code Enforcement Officer Appreciation Week. This week, sponsored by the California Association of Code Enforcement Officer (CACEO), honors, and recognizes the Code Enforcement profession as an integral part of local government, celebrated throughout the State.

B. The California State Legislature passed the Assembly Concurrent Resolution (ACR) No. 283 and filed with the Secretary of State on September 7, 2018, adding the measure that annually designates the second week of October as Code Enforcement Officer Appreciation week.

C. Code Enforcement Officers provide for the safety, health, and welfare of citizens in communities throughout the State of California through the enforcement of local, state, and federal laws and ordinances dealing with various issues of building, zoning, housing, animal control, environmental, health, and life safety.

D. Code Enforcement Officers are dedicated, highly qualified and trained professionals who share the goals of preventing neighborhood deterioration, enhancing communities and ensuring safety.

E. Code Enforcement Officers often have a highly visible role in the communities they serve and regularly interact with the public and a variety of local officials.

F. The City of Monterey Park recognizes and celebrates the hard work of these dedicated professionals and declare that October 6 through October 12, 2024, as Code Enforcement Officer Appreciation Week in Monterey Park, honoring and recognizing the essential role Code Enforcement Officers play in local government.

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.

Resolution No.

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.

PAS
SED AND ADOPTED this 2nd day of October, 2024.

________________________________
Thomas Wong, Mayor

Attest:

__________________________
Maychelle Yee, City Clerk

Resolution No.

State of California )
County of Los Angeles) §.

City of Monterey Park )

I, Maychelle Yee, City Clerk of the City of Monterey Park, California, do hereby certify that the foregoing Resolution No. was duly and regularly adopted by the City Council of the City of Monterey Park at a regular meeting held on the 2 nd day of October,
2024, by the following vote:

Ayes: Council Members:

Noes: Council Members:

Absent: Council Members:

Abstain: Council Members:

Dated this 2
nd day of October, 2024.

Maychelle Yee, City Clerk
Monterey Park, California

City Council Staff Report
DATE: October 2, 2024
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Scott Wiese, Chief of Police
SUBJECT: Office of Traffic Safety (“OTS”) Pedestrian and Bicycle Safety Program Grant Funding for Fiscal Year 2024/2025
RECOMMENDATION:

It is recommended that the City Council consider:

1. Accepting grant funds and authorize the City Manager, or designee, to execute an agreement, in a form approved by the City Attorney, with the Office of Traffic Safety (OTS) in the amount of $25,555 for the Pedestrian and Bicycle Safety Program.

2. Adopting a Resolution authorizing the City Manager, or designee, to receive and appropriate grant funds in fiscal year 202 4-25, and execute an agreement, in a form approved by the City Attorney, with the OTS in the amount of $25,555 for the Pedestrian and Bicycle Safety Program; and

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

EXECUTIVE SUMMARY:

The City of Monterey Park Police Department was notified of an approval of $25,555 from the Office of Traffic Safety (OTS) for the Pedestrian and Bicycle Safety Program for Fiscal Year 202 4/2025. The police department will utilize the grant funding to continue its education of the community on pedestrian and bicycle safety to reduce injury and fatal traffic collisions.

BACKGROUND:

The Office of Traffic Safety distributes federal funding apportioned to California under the National Highway Traffic Safety Administration (NHTSA). The California Office of Traffic Safety’s mission is to effectively and efficiently administer traffic safe ty grant funds to reduce traffic deaths, injuries, and economic losses. Grants are used to mitigate traffic safety deficiencies, expand ongoing activity, or develop innovative programs.

In 2023, the City of Monterey Park experienced a total of 514 traffic collisions and three fatalities. The Pedestrian and Bicycle Safety Program supports the Monterey Park Police Department’s efforts to educate the community on pedestrian traffic safety, bicycle safety, and traffic laws.

Consent Calendar - 3F

Staff Report

The Monterey Park Police Department’s Pedestrian and Bicycle Safety Program grant total approved allocation is $25,555.

FISCAL IMPACT:

Staff requests approval for the Finance Director to appropriate $ 25,555 in grant funding for the Fiscal Year 24-25 budget. There is no fiscal impact on the general fund.

Respectfully submitted by: Prepared by:

Scott Wiese Jay J. Silverman
Chief of Police Police Sergeant

Reviewed by: Reviewed by:

Martha Garcia Justin A. Tamayo
Finance Director Deputy City Attorney

Approved by:

Inez Alvarez
City Manager

ATTACHMENTS:

1. Tentative Approval Letter for OTS Pedestrian and Bicycle Safety Program Funding

2. Resolution

Staff Report
October 2, 2024
AT
TACHMENT 1
Conditional Approval Letter for Pedestrian & Bike
Safety Funding

ATTACHMENT 1

Staff Report
October 2 2024
AT
TACHMENT 2
Resolution

RESOLUTION NO.

A RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE,

TO RECEIVE AND APPROPRIATE GRANT FUNDS FOR THE

PEDESTRIAN AND BICYCLE SAFETY PROGRAM
BE IT RESOLVED by the Council of the City of Monterey Park as follows:

SECTION 1: The City Council finds as follows:

A. The City applied for the California Office of Traffic Safety (“OTS”) Pedestrian and Bicycle Safety Program Grant.

B. The Monterey Park Police Department will utilize the grant funding to continue its education of the community on pedestrian and bicycle safety to reduce injury and fatal traffic collisions.

C. The City will receive $25,555.00 from OTS for the STEP Grant.

SECTION 2: Action. The City Council authorizes the City Manager, or designee, to:

A. receive grant funds from OTS for the STEP Grant to be used to reduce and mitigate the impacts of impaired driving.

B. execute any required documents and agreements to receive the grant for purposes identified herein. The City’s Fiscal Year 2024-25 Budget is amended to the extent needed to accept and allocate the grant funds identified in this Resolution.

SECTION 3: Construction. This Resolution must be broadly construed in order to achieve the purposes stated in this Resolution. It is the City Council' s intent that the provisions of this Resolution be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Resolution.

SECTION 4: Severability. If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provision or application and, to this end, the provisions of this Resolution are severable.

SECTION 5: 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 6: 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.

Resolution No.

SECTION 7: Effective Date. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.

SECTION 8: Recordation. The Mayor, or presiding officer, is authorized to sign this Resolution signifying its adoption by the City Council of the City of Monterey Park and the City Clerk, or her duly appointed deputy, may attest thereto.

SECTION 9: Effective Date. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.

SECTION 10: The City Clerk is directed to mail a copy of this Resolution to any other person requesting a copy.

PASSED AND ADOPTED this ___ day of ______________, 2024. ________________________________
Thomas Wong, Mayor
Attest:
__________________________
Maychelle Yee, City Clerk
Approved as to Form:

Karl H. Berger, City Attorney
By:__________________________
Justin A. Tamayo, Deputy City Attorney

City Council Staff Report
DATE: October 2, 2024
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Scott Wiese, Chief of Police
SUBJECT: Office of Traffic Safety Selective (OTS) Traffic Enforcement Program (STEP) Grant Funding for Fiscal Year 2024/2025
RECOMMENDATION:

It is recommended that the City Council consider:

1. Accepting grant funds and authorize the City Manager, or designee, to execute an agreement, in a form approved by the City Attorney, with the Office of Traffic Safety (OTS) in the amount of $ 190,000 for the Selective Traffic Enforcement Program (STEP);

2. Adopting a Resolution authorizing the City Manager, or designee, to receive and appropriate grant funds in fiscal year 202 4-25, and execute an agreement, in a form approved by the City Attorney, with the OTS in the amount of $ 190,000 for the STEP; and

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

EXECUTIVE SUMMARY:

The City of Monterey Park Police Department was notified of an award of $190,000 from the Office of Traffic Safety (“OTS”) for the Selective Traffic Enforcement Program (“STEP”) for Fiscal Year 202 4/2025. The police department will utilize the grant funding to continue its education and enforcement of traffic related laws to reduce injury and fatal traffic collisions.

BACKGROUND:

The Office of Traffic Safety distributes federal funding apportioned to California under the National Highway Traffic Safety Administration (“NHTSA”). The California Office of Traffic Safety’s mission is to effectively and efficiently administer traffic safety grant funds to reduce traffic deaths, injuries, and economic losses. Grants are used to mitigate traffic safety deficiencies, expand ongoing activity, or develop innovative programs.

In 2023, the City of Monterey Park experienced a total of 514 traffic collisions and three fatalities. The STEP grant supports the Police Department’s efforts to reduce DUI related traffic collisions and enhances enforcement efforts that concentrate on factors Consent Calendar - 3G

Staff Report

contributing to traffic collisions, such as: alcohol, speed, red light violations and unsafe turning movements.

The Monterey Park Police Department’s STEP grant total conditional grant allocation is $190,000.

FISCAL IMPACT:

Staff requests approval for the Finance Director to appropriate $190,000 in grant funding for the Fiscal Year 24-25 budget. There is no fiscal impact on the general fund.

Respectfully submitted by: Prepared by:

Scott Wiese Jay J. Silverman
Chief of Police Police Sergeant
Reviewed by: Reviewed by:

Martha Garcia Justin A. Tamayo
Finance Director Deputy City Attorney
Approved by:

Inez Alvarez
City Manager
ATTACHMENTS:

1. Tentative Approval Letter for OTS Selective Traffic Enforcement Program Funding.

2. Resolution

Staff Report
October 2, 2024
ATT
ACHMENT 1
Conditional Approval Letter for CTFGP Funding

Staff Report
October 2, 2024
AT
TACHMENT 2
Resolution

RESOLUTION NO.

A RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE,

TO RECEIVE AND APPROPRIATE GRANT FUNDS FOR THE

SELECTIVE TRAFFIC ENFORCEMENT PROGRAM
BE IT RESOLVED by the Council of the City of Monterey Park as follows:

SECTION 1: The City Council finds as follows:

A. The City applied for the California Office of Traffic Safety (“OTS”) Selective Traffic Enforcement Program (“STEP”) Grant.

B. The Monterey Park Police Department will utilize the grant funding to continue its education and enforcement of traffic-related laws to reduce injury and fatal traffic collisions.

C. The City will receive $190,000 from OTS for the STEP Grant.

SECTION 2: Action. The City Council authorizes the City Manager, or designee, to:

A. receive grant funds from OTS for the STEP Grant to be used to reduce and mitigate the impacts of impaired driving.

B. execute any required documents and agreements to receive the grant for purposes identified herein. The City’s Fiscal Year 2024-25 Budget is amended to the extent needed to accept and allocate the grant funds identified in this Resolution SECTION 3: Construction. This Resolution must be broadly construed in order to achieve the purposes stated in this Resolution. It is the City Council' s intent that the provisions of this Resolution be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Resolution.

SECTION 4: Severability. If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provision or application and, to this end, the provisions of this Resolution are severable.

SECTION 5: 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 6: 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.

Resolution No.

SECTION 7: Effective Date. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.

SECTION 8: Recordation. The Mayor, or presiding officer, is authorized to sign this Resolution signifying its adoption by the City Council of the City of Monterey Park and the City Clerk, or her duly appointed deputy, may attest thereto.

SECTION 9: Effective Date. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.

SECTION 10: The City Clerk is directed to mail a copy of this Resolution to any other person requesting a copy.

PASSED AND ADOPTED this ___ day of ______________, 2024. ________________________________
Thomas Wong, Mayor
Attest:
__________________________
Maychelle Yee, City Clerk
Approved as to Form:

Karl H. Berger, City Attorney
By:__________________________
Justin A. Tamayo, Deputy City Attorney

City Council Staff Report
DATE: October 2, 2024
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Robert Aguirre, Director of Recreation & Community Services SUBJECT: Receive and File Staff Report Summarizing the Status of Sister Cities Commission Ad-Hoc Committee
RECOMMENDATION:

It is recommended that the City Council consider:

1. Receiving and filing the staff report summarizing the status of the Sister Cities Commission Ad-Hoc Committee; and

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

EXECUTIVE SUMMARY:

On January 17, 2024, City staff requested direction from City Council regarding the Sister Cities Commission due to concerns with the structure and limitations on oversights on the Commission. Subsequently, the City Council suspended operations of the Sister Cities Commission and formed an ad-hoc committee to meet with the five individual Sister City Associations with representatives on the Sister City Commission.

Since the formation of the ad-hoc committee in January 2024, the committee has met on three separate occasions: February 13, May 14, and July 30. During the first two committee meetings the Sister City Associations decided to independently pursue establishing separate non-profit 501(c)3 organization status for their respective Sister City Associations. During the July 30 meeting of the ad-hoc committee, the Sister City Associations from China and Korea shared that they were each continuing to work toward establishing their own independent 501(c)3 organizations but were having difficulty recruiting a sufficient amount of membership.

A fourth meeting was scheduled for September 24 , 2024. On September 23, the Quanzhou, China Sister City Association notified City staff that they would not be attending the meeting and were suspending all operations until an undetermined date.

On the morning of September 24, the representative from New Taipei City, Taiwan emailed staff to share that they would not be attending the meeting and asked to be removed from future communication. No representatives from Morelia, Mexico or Yeongdeungpo-Gu, Korea attended the meeting.

The only Sister City Association with Active 501(c)3 status is Nachikatsurra, Japan.

Consent Calendar - 3H

Staff Report

October 2, 2024

BACKGROUND:

Founded in 1956 by President Eisenhower, Sister Cities International is a non-profit organization that unites cities worldwide through cultural programs, business opportunities, and educational exchanges. Monterey Park currently associates itself with five Sister Cities:

• Quanzhou, China, Sister City Association
• Nachikatsurra, Japan, Sister City Association
• New Taipei City (formerly Yung-Ho) Taiwan, Sister City Association • Morelia, Mexico, Sister City Association
• Yeongdeungpo-Gu, Seoul, South Korea Sister City Association

These associations are independent organizations. In the past, these associations have planned and implemented student exchange programs and fundraising events. The stated mission of the Sister Cities Commission includes fostering friendship, goodwill and communication among the Sister Cities; participating in the exchange of cultures through events; participating in City of Monterey Park cultural events and programs; and serving as cultural ambassadors to sister city visitors.

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

The Commission members were not appointed by City Councilmembers and the Commission is not subject to MPMC Chapter 2.82, making oversight of the Commission by the City Council challenging.

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

FISCAL IMPACT:

No fiscal impact.

Staff Report

October 2, 2024
Respectfully submitted by:

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

Inez Alvarez
City Manager
Karl H. Berger
City Attorney

4882-0830-8877 v2
City Council Staff Report
DATE: October 2, 2024
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: Monterey Pass Road Overlay – Award of Public Works Contract to Hardy & Harper, Inc.

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 Hardy & Harper, Inc. in the contract amount of $1,133,912 for the Monterey Pass Road Overlay Project;

2. Appropriating an additional $150,000 from Fund 241 Prop C Funds, and an additional $100,000 from Fund 100 General Funds to the FY2024-25 budget;

3. Authorizing the Director of Public Works to approve change orders not to exceed $113,392 over the total contract amount; and

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

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 § 15301(c) (Existing Facilities) exempts the operation, repair, maintenance, alteration of existing public or private structures which involve negligible or no expansion of existing or former use. The proposed work will occur entirely within an existing structure. Accordingly, no further environmental review is required.

EXECUTIVE SUMMARY
Capital Improvement Project (“ CIP”) No. 96046 –Monterey Pass Road Overlay Project includes the application of Asphalt Rubber Hot Mix and AC Overlay along Monterey Pass Road from Vagabond Road to Floral Drive. Pursuant to Resolution No. 2024-R48, the Public Works Director solicited bids for the Monterey Pass Road Overlay ( Specification No. 2023-004).

The public bid opening for the Monterey Pass Road Overlay project was held on September 5, 2024. Five bids were received: Hardy & Harper, All American Asphalt, Onyx Paving, Excel Paving, and Sully- Miller. As required by HUD for the use of Federal Transportation Improvement Program (FTIP) funds, staff held a pre-bid meeting that was attended by 6 potential bidders including Hardy & Harper, Inc. It is recommended that City Council authorize the City Manager to execute a Public Works contract with Hardy & Consent Calendar - 3I

Staff Report

October 2, 2024
Harper, Inc., the lowest responsible bidder , for the Monterey Pass Road Overlay in the amount of $1,133,912, plus a contingency amount not to exceed $113,392.

BACKGROUND
On August 17, 2022, City Council adopted Resolution No. 2022-R69 authorizing the City Manager to take necessary measures for emergency repair of a water main line on Monterey Pass Road, CIP No. 99025. The project is now complete and road improvements are required for Monterey Pass Road between Vagabond Road and Floral Drive. The required paving was delayed as staff applied for funding from Caltrans and approval was received in May 2024.

The proposed work includes the application of Asphalt Rubber Hot Mix and AC Overlay along Monterey Pass Road from Vagabond Road to Floral Drive. The existing condition of the road has deteriorated rapidly and local repairs are no longer a viable option. The proposed project will improve the existing condition of the road which will also include repainting all striping along Monterey Pass Road to improve visibility.

Staff advertised the project for bids on June 5, 2024, with a bid opening on July 10th, 2024.

A recommendation to reject all bids was presented to the City Council on August 5th, 2024 due to the lack of responsible bidders.

Staff re-advertised the projects on August 8, 2024, and a mandatory pre-bid meeting was held on August 22, 2024. B id was opened on September 5 , 202 4, and includes the following bid:

RANK BIDDER BASE BID AMOUNT
1 Hardy & Harper $ 1,133,912
2 All American Asphalt $ 1,147,258
3 Onyx Paving $ 1,211,925
4 Excel Paving $ 1,233,745
5 Sully-Miller $ 1,245,502
The bid submitted by Hardy & Harper, Inc. is the lowest responsive bid from a responsible bidder. Hardy & Harper Inc. contractor's license was verified with the California State Contractor’s License Board to be current, active and in good standing. Registration with the California Department of Industrial Relations (DIR) was verified. Staff also checked the contractor’s references and received positive feedback.

It is recommended that the City Council awards the project to Hardy & Harper, Inc. for a total of $1,133,912.

Staff Report

October 2, 2024

FISCAL IMPACT
The proposed project is budgeted in the 202 4-2025 fiscal year Capital Improvement Program under CIP 96046 funded by the Federal Transportation Improvement Program (FTIP). An additional appropriation of $100,000 from General Funds and $150,000 from Prop C to the FY2024-25 budget is requested for this project. Use of General Funds helps the City meet its maintenance of effort requirements for street improvements. The total estimated costs for the project is $1,314,000 as shown in the table below.

CIP 96046 – Monterey Pass Road Overlay
Street Improvements (Hardy & Harper, Inc.) $1,133,912
Contingency (not to exceed) $120,088
Construction management/Construction Inspection $30,000 Labor compliance $10,000
Geotechnical Services $20,000
Total Estimated Project Cost $1,314,000
Respectfully submitted and prepared by: Reviewed by:

Shawn Igoe
Director of Public Works
Martha Garcia
Director of Finance
Approved by: Approved as to form: Karl H. Berger,
City Attorney
Reviewed by:

Inez Alvarez
City Manager
Solange Fortenbach
Deputy City Attorney

ATTACHMENTS

1. Hardy & Harper, Inc. Proposal – Monterey Pass Road Overlay

2. August 5, 2024 staff report

Staff Report
October 2, 2024
ATTACHMENT 1
Hardy & Harper, Inc. Proposal
Monterey Pass Road Overlay

Staff Report
October 2, 2024
ATTACHMENT 2
August 5, 2024 staff report

City Council Staff Report
DATE: August 5, 2024
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: Monterey Pass Road Overlay – Reject All Submitted Bids RECOMMENDATION:

It is recommended that the City Council consider:

1. Rejecting all bids for Capital Improvement Project (CIP) No. 9 6046 – Monterey Pass Road Overlay; and

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

EXECUTIVE SUMMARY
Per Resolution No. 2023-R52, the Public Works Director solicited bids for CIP 960 46 – Monterey Pass Road Overlay project . The bid opening was held on July 10, 2024. The City received four bids from California contractors. Staff recommends rejection of all bids due to lack of responsible bidders and cost proposal exceeding the City’s budget for this project.

BACKGROUND
On June 5, 2024, staff advertised the bid for CIP 96046 – Monterey Pass Overlay project.

The bid opening was held on July 10, 2024, by the City Clerk’s Office and Public Works staff and four bids were received from California contractors. The proposed scope of work includes the application of Asphalt Rubber Hot Mix and AC Overlay along Monterey Pass Road between Vagabond Drive and Floral Drive.

RANK BIDDER BASE BID
AMOUNT
1 All American Asphalt $1,174,082.17
2 Onyx Paving $1,196,735.13
3 Hardy & Harper $1,280,964.77
4 Toro Enterprises $1,396,473.98
The apparent lowest bidder, All American Asphalt, submitted a bid for $1,174,082.17 . All American Asphalt’s
proposal exceeds the City’s $1 ,064,000 budget for this project and was missing
required federal forms making them non-responsive. The second lowest bidder, Onyx Paving, was also deemed non-responsive for failure to provide active Sams.gov registration which is required to bid on any federal project. The third lowest bidder, Hardy & Harper, exceeds the project’s budget by $220,000 and Toro Enterprises exceeds our budget by
over $300,000. Therefore, staff recommends that
Consent Calendar - 3E

Staff Report
August 5, 2024

the City Council reject all bids. Staff will be re-advertising the project and contacting all contractors to make it a more competitive project. The rejection of bids will postpone project start date for approximately 2 months. This action will not impact any deadlines. 2024-25 STRATEGIC PLAN GOAL:

This project meets the City’s goal to maintain, build and modernize infrastructure and facilities to
support the current and future needs of our city and community as it continues the resurfacing of a major city roadway. Additionally, re-advertisement of the project supports the City’s goal to maintain fiscal stability of the city’s financial resources by seeking competitive bids that meet the project’s budget.

FISCAL IMPACT
There is no fiscal impact associated with the rejectio
n of all submitted bids.

Respectfully submitted by:

Shawn Igoe
Director of Public Works
Approved by: Reviewed by:

Inez Alvarez
City Manager
Justin A. Tamayo
Deputy City Attorney

ATTACHMENT
None

City Council Staff Report
DATE: October 2, 2024
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: Purchase of Bulk Chemicals for Water Division
RECOMMENDATION:

It is recommended that the City Council consider:

1. Authorizing the City Manager to execute three-year agreements, in a form approved by the City Attorney, with Pacific Star Chemical, LLC ; Univar Solutions USA, LLC; and USP Technologies for the purchase and delivery of hydrogen peroxide for a combined total not to exceed $240,000 annually;

2. Authorizing the City Manager to execute a three-year agreement, in a form approved by the City Attorney, with Gallade Chemical, Inc. for the purchase and delivery of sodium chloride for an amount not to exceed $40,000 annually; and

3. Appropriating to the FY 2024-25 budget, $140,000 in water treatment funds for the purchase and delivery of hydrogen peroxide , and $ 15,000 in water operations funds for sodium chloride; and

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

EXECUTIVE SUMMARY:

The Water Division requires hydrogen peroxide and sodium chloride (i.e., food grade salt) for treatment of the City’s groundwater. P ursuant to Monterey Park Municipal Code Chapter 3.20, a bid for the purchase and delivery of bulk chemicals was completed on September 16, 2024. Staff requests City Council authorization for the City Manager to execute three-year agreements with Pacific Star Chemical, LLC; Univar Solutions USA, LLC; and USP Technologies for the purchase and delivery of hydrogen peroxide in a combined total not to exceed $240,000 annually. Staff also requests City Council authorization to execute a three-year agreement with Gallade Chemical, Inc. for the purchase and delivery of sodium chloride for a total not to exceed $40,000 annually.

BACKGROUND:

The Public Works Water Division requires hydrogen peroxide and sodium chloride for its water treatment operations. The City’s new Centralized Groundwater Treatment System (CGTS) requires hydrogen peroxide to decompose certain constituents, and t he food grade sodium chloride is used to produce chlorine onsite at the Delta Plant.

Consent Calendar - 3J

Staff Report
October 2, 2024

On August 29, 2024, staff released the bid for the purchase and delivery of bulk chemicals for water operations. The bid package was sent to seven companies that supply at least one of the specified chemicals. The bid was also posted on the City’s website and QuestCDN, an online bidding portal . Four companies responded to the bid : Gallade Chemical, Pacific Star Chemical, Univar Solutions and US Peroxide. PENNCO, Inc. submitted a no bid and asked to remain on the City’s vendor list for future bids. A summary of their costs is provided in the following table.

PROPOSER
CHEMICAL Fuel
Charge
Hydrogen
Peroxide
(per gallon)
Sodium
Chloride
(per pound)

Gallade Chemical, Inc. No bid $0.37
$0
Pacific Star Chemical, LLC $4.09 No Bid
$0
Univar Solutions USA LLC $2.18 No Bid*
$0
US Peroxide LLC $3.11 No Bid
$225
*Univar submitted a bid for FCC but not NSF grade that was specified in bid.

The hydrogen peroxide specified in the bid is a 50 percent concentrated solution that is used in the advanced oxidation process (AOP) of the CGTS. Because the specified hydrogen peroxide is not always immediately available and can require up to 10 days lead time, staff is requesting award of contract to all three vendors in the event that one company is unable to deliver in a timely manner. The City will make an effort to make purchases that provide the best value to the City based on cost and availability. Both Pacific Star and US Peroxide are the Water Division’s current suppliers for peroxide.

Gallade is the current provider of sodium chloride. The City has purchased chemicals from Univar in the past but not hydrogen peroxide.

Based on the quantities of chemicals used by the Centralized Groundwater Treatment System since its start of operations in November 2024, the quantity of hydrogen peroxide and sodium chloride is higher than what was projected for the FY 2024-25 budget. For FY 2024-25, an additional $140,000 is requested for peroxide, and an additional $15,000 is requested for sodium chloride.

The award of contract to the three companies supplying peroxide would not exceed a combined total of $240,000 annually. The award of contract to Gallade for sodium chloride would not exceed $40,000 annually. The term for all four contracts is three years.

2024-25 STRATEGIC PLAN GOAL:

The award of contract to the four chemical suppliers meets the City’s strategic goals by maintaining fiscal stability of our city’s financial resources. Additionally, the proposed

Staff Report
October 2, 2024

contracts meets the City’s goal to maintain, build and modernize infrastructure and facilities to support the current and future needs of our city and community.

FISCAL IMPACT:

The FY 2024-25 budget does not include sufficient funds for the purchase and delivery of chemicals for water treatment. The funding source for the purchase of sodium chloride is water operations funds: 4014222-5336. The funding source for hydrogen peroxide is water treatment funds: 4024234-5336.

An appropriation of $140,000 in water treatment funds is requested to be added to the FY2025 budget; an appropriation of $15,000 in water operation funds is requested to be added to the FY2025 budget. It should be noted that the cost for hydrogen peroxide can be reimbursed by the State Department of Toxic Substances Control (DTSC) via the Water Quality Authority (WQA).

Respectfully submitted by: Prepared by:

Shawn Igoe
Director of Public Works
Frank Heldman
Water Utility Manager
Reviewed by:

Martha Garcia
Director of Finance
Approved by: Approved as to form: Karl H.

Berger, City Attorney
Reviewed by:

Inez Alvarez
City Manager
Solange Fortenbach
Deputy City Attorney
Attachments:

1. Notice Inviting Bids for Purchase and Delivery of Bulk Chemicals

2. BID Proposals

Staff Report
October 2, 2024
ATTACHMENT 1
Notice Inviting Bids for Purchase and
Delivery of Bulk Chemicals

CIT

Y OF MONTEREY PARK

NOTICE INVITING BIDS FOR
PURCHASE AND DELIVERY OF BULK CHEMICALS:

HYDROGEN PEROXIDE AND SODIUM CHLORIDE
ISSUE DATE: August 29, 2024
BID DUE DATE: 5:00 P.M., Monday, September 16, 2024.

Subm
it sealed bids to:

Ci
ty Clerk Office
City of Monterey Park
320 W. Newmark Ave.

Monterey Park, CA 91754

Purchase and Delivery of Bulk Chemicals Bid, Due September 16, 2024

A. BID INSTRUCTIONS

1. Submitting Bids. Bid s must include Exhibit A Cost Schedule and Exhibit B Insurance Requirements. Upon award, all submissions become a matter of public record.

2. Alternatives. The City has the option of accepting or rejecting any alternative bid.

3. Rejection. The City may reject any or all bids and waive irregularity in any bid. The City may reject the bid of any proposer who previously failed to perform properly, or complete on time, contracts of a similar nature, or to reject the bid of a proposer who is not in a position to perform such a contract satisfactorily. The City may reject the bid of any proposer who is in default of the payment of taxes, licenses or other monies due to the City of Monterey Park.

4. Default. In case of default by the vendor of any of the conditions of this bid or contract resulting from this solicitation , the vendor agrees that the City may procure the commodity/services from other sources and may deduct from the unpaid balance due the vendor or may invoice the vendor for excess costs so paid, and prices paid by the City will be considered the prevailing market price at the time such purchase is made.

5. Assignment. No assignment by the vendor of contract or any part hereof, or of funds to be received hereunder, is binding upon the City unless the City gave written consent before such assignment.

6. Sub-contractors. The Bidder must list any subcontractors that will be used and identify the work to be performed by them.

Insurance. The City requires that insurance must be primary insurance and must name the City of Monterey Park as an additional insured. Certificates of insurance and insurance endorsements must be submitted before the contract is executed. Sample endorsement is attached. Proof of insurance in the following amounts must be provided prior to contract signing; liability in the amount of $2,000,000 each occurrence, automotive in the amount of $1,000,000 combined single limit per accident , and worker’s compensation in accordance with California law.

Should the GL be under $2M per occurrence, an umbrella/excess liability coverage is acceptable. However, th is policy must be provided to the Risk Manager for review to confirm that it meets the GL coverage requirements.

BIDDERS MUST SIGN AND RETURN EXHIBIT B, INSURANCE REQUIREMENTS, WITH THEIR PROPOSAL.

7. Contract Pricing. Except as otherwise noted in the Cost Schedule, price bids must remain consistent through the term of this contract.

8. Terms & Conditions. The term of this contract shall be for (3) three years, provided that the service remains satisfactory and the Contractor adheres to the conditions of the contract. At any time, however, this agreement may be terminated by either party by

Purchase and Delivery of Bulk Chemicals Bid, Due September 16, 2024

giving written notice of such termination at least thirty (30) days prior to the date of termination. The standard Services Agreement is attached.

To maintain the integrity and water supply reliability to the customers of the City of Monterey Park, the City may establish multiple contracts. The City would utilize the lowest bidder unless this Contractor is not able to supply the requested chemicals i n the necessary timeframe. The City would then exercise its rights to utilize the next qualified Contractor.

9. Proposal Questions . Questions should be directed to Eric Velazquez at [email protected] at (626) 280-5552.

B. BID SPECIFICATIONS

1. Scope of Work
The Contractor shall provide all necessary labor, materials, equipment and transportation for the delivery of bulk chemicals to the City of Monterey Park water division facilities listed below. All chemicals supplied must be National Science Foundation (NSF) certified. Contractor shall make regular deliveries at each facility as well as providing products on an as needed basis.

2. Types of Chemicals
• 50% NSF Hydrogen Peroxide
The vendor must have the ability to maintain an adequate level of hydrogen peroxide in the City’s tank and ensure that the tank has sufficient hydrogen peroxide to operate the Advanced Oxidation-Ultraviolet (AO UV) system at all time.

• Sodium Chloride VB Hi-Grade Evaporated Salt, NSF (50 lb. bag)

3. Delivery Locations & Quantities
Delta Plant – 2657 Delta Avenue, Rosemead 91770
Chemical Type
Tank
Capacity Delivery Amount
*Annual
Consumption
50% NSF Hydrogen Peroxide 6,000 gallons 2,000 – 5,000 gallons 118,000 gallons Sodium Chloride VB Hi-Grade
Evaporated Salt, Food Grade
(50 lb. bag)

N/A
2450-4900 Pounds
(1-2 pallets/50# bags)
58,800 pounds
*Annual Consumption is an estimate only and not a guaranteed amount.

Purchase and Delivery of Bulk Chemicals Bid, Due September 16, 2024

4. P roduct Requirements
A. The product supplied at the treatment facilities shall be as specified. Normal manufacturing procedures result in deviations by 1% to 2%. Therefore, prior to shipment the product must be tested and the certified test results forwarded to the City.

B. The product supplied must be indicated on the invoice and associated delivery slips, along with the copies of the certified test results.

C. A written d elivery statement shall accompany all shipments and state the delivered weight, delivered gallons, actual specific gravity of the product being shipped, and the actual concentration percent. Payment shall be based on the actual amount of product delivered. At a minimum, the invoice shall include a description of the delivery location, the delivery date, the unit price, the weight of product delivered, the percent solution, and any other parameters used to determine the cost for the shipment.

D. The product supplied shall be of new manufacture and shall not be a reconstituted, reclaimed or spent product. Said product shall be clean and free from all particulate matter which could cause pumping failure. The City reserves the right to reject a load or cancel the contract if the stated requirements are not met.

E. The City does not guarantee any minimum or maximum usage of supplied product . The annual quantity specified in the tables is an estimate based on past and expected usage. The City reserves the right to order "short" or "split" orders. Split orders will be split between two or more locations .

5. Delivery Requirements
A. Contractor shall be required to deliver on any day of the week, on an as needed basis.

B. Scheduled deliveries will be made Monday through Friday , between 7:00 a.m. and 2:00 p.m.

C. T he Contractor shall be able to provide delivery with a minimum of 48-hour verbal notice. Occasionally in an emergency, the City will request delivery with a minimum of 24-hours notice.

D. Contractor shall provide a twenty -four (24) hour telephone number where qualified personnel can be contacted in the event of an emergency.

Contractor is responsible for updating any changes in contact information.

E. A written delivery statement shall accompany all shipments and state delivered weight, delivered gallons, specific gravity of the product being shipped and chemical concentration percent of the delivered solution.

Purchase and Delivery of Bulk Chemicals Bid, Due September 16, 2024

F. At the time of all deliveries, Contractor shall provide all the necessary, fully trained and qualified personnel to be in continuous attendance during the transfer of chemical.

G. The City will provide one operator to act as observer during connection and disconnection. Contractor shall provide one copy of the delivery statement to City operator prior to connection.

H. Contractor shall provide all necessary safety equipment required by the hauler.

I. The Contractor driver is responsible for cleanup of spilled material. Cleanup must be conducted in conformance with EPA, regional and local regulations and ordinances, and product manufacture’s recommended clean up procedures. The City o nly has plant water available for any cleanup.

Neutralizing agents, special equipment or chemicals required for clean up must be furnished by the Contactor .

J. Contractor shall provide the City with the name of the hauling company and safety related provisions set forth between the Contractor and the hauling company.

K. Chemical deliveries will be refused for any of the following:
• Incorrect chemical
• Unsafe delivery vehicle off -loading equipment
• Chemical not in compliance with the specification
• Improper flow monitoring equipment

6. C hemical Delivery Unloading Procedures
Upon arrival at City facility:

A. The driver shall notify the Delta Plant Operator, or the Standby Operator, that he is at the City facility to deliver ordered chemicals. City operator will respond to give access to site.

B. The driver shall meet the operator at the facility entrance. Chemical shall not be off-loaded until directed to do so by the operator.

C. The Cit y will provide one operator to act as observer during connection and disconnection. The Contractor ’s personnel shall provide one copy of the delivery statement to City’s operator prior to connection.

D. The driver shall not over -pressurize the off -loading system, piping or appurtenances. Chemical shall not be off -loaded at a rate greater than can be off-loaded at pressures greater than 20 psi. In addition, when the driver

Purchase and Delivery of Bulk Chemicals Bid, Due September 16, 2024

clears or purges the tank, hoses or piping, he will not surge the system or create hammer pressures in the system.

7. S afety Requirements
A. Personal Protective Equipment . The City requires, safety glasses, long pants, shirts, and enclosed- foot shoes be worn on plant premises. In addition, hard hats are required at all sites or where posted or required by regulation.

Face shields and safety glasses shall also be required to be worn when working around pressurized chemical systems at connections, disconnections, adjustments and observations. The minimum personal protective equipment (PPE) to be utilized shall meet the specific chemical requirements called out by Occupational Safety and Health Act (OSHA), the Safety Data Sheets, or the manufacturer. It is the responsibility of the Contractor to ensure that delivery truck driver s and all personnel who handle chemicals are trained in these safety requirements.

B. Safety showers and eye washes are located at the chemical handling locations. Driver must review the showers and eyewash locations prior to off - loading chemicals. Contractor shall provide safety equipment. Lack of safety equipment or failure to use safety equipment will be cause for termination of the contract .

C. Regulations . Contractor agrees to conform to all applicable f ederal and state Occupational Safety and Health Act (OSHA), California Labor Code, California Hazardous Waste, South Coast Air Quality Management District (SCAQMD) and Federal Department of Transportation regulations.

Incompliance may be cause for termination of the contract .

D. SDS Sheets. Contractor shall provide the City with Safety Data Sheets (formerly Material Safety Data Sheets) for all applicable materials before the material is brought to the site.

E. Hazardous Material Spill Response Plan. Contractor shall prepare and maintain an effective hazardous material spill response plan to minimize environmental impacts. Said plan must be forwarded in writing to the City’s Water Utility Manager prior to bringing hazardous materials to the City’s facilities .

EXHIBIT A

COST SCHEDULE

PURCHASE AND DELIVERY OF BULK CHEMICALS
Company Name
Address
Quantity Item Unit Cost Unit Cost Total
118,000 gallons 50% NSF Hydrogen Peroxide -$
58,800 pounds Sodium Chloride VB Hi-Grade
Evaporated Salt, NSF (50 lb. bags) -$
Type Cost Per Delivery
Signature Date
Print Name
Title
Email Address Phone Number
Other Surcharge(s) - Itemize and describe below:

Fuel Charge
The undersign agrees to the terms and conditions on all pages of this bid for the purchase and delivery of bulk chemicals. The undersigned declares that he/she proposes to deliver "Free on Board" Monterey Park and complete all labor and installation as indicated in this bid. The undersigned has carefully checked all of the COST SCHEDULE figures and understands that the City of Monterey Park, or any officer thereof, will not be responsible for any errors or omissions on the part of the undersigned in submitting this bid.

Item A. Chemicals
Item B. Other Costs

Purchase and Delivery of Bulk Chemicals Bid, Due September 16, 2024

Exhibit B

INSURANCE REQUIREMENTS
[MUST BE SUBMITTED WITH PROJECT PROPOSAL]
To be awarded this contract, the successful bidder must procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:

Type of Insurance Limits
Commercial general liability: $2M per occurrence
Business automobile liability $1M
Workers compensation Statutory requirement.

Commercial general liability insurance must meet or exceed the requirements of the most recent ISO-CGL Form Number. The amount of insurance set forth above must be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to name the City, its officials, and employees as “additional insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be carried by the City will be excess thereto. Such insurance must be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City.

Automobile coverage must be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto). Automobile policies must also be endorsed to name the City, its officials, and employees as “additional insureds.”

The Con tractor must furnish to the City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by the City from time to time. Insurance must be placed with admitted insurers with a current A.M. Best Company Rating equivalent to at least a Rating of “A:VII.” Certificate(s) must reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. The Consultant will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.

By signing this form, the bidder certifies that it has read, understands, and will comply with these insurance requirements if it is selected as the City’s con tactor. Failure to provide this form may render the bidder’s proposal “nonresponsive.”

__________________ ____________________________
Date Bidder

Services Agreement
CONTRACTOR: DATE MAILED:

Below you will find a checklist relating to Insurance and other requirements that are required for doing business with the Ci ty of Monterey Park. Only those items checked- off are MANDATORY, however if your standard policies exceed the minimum requirements please include. Commercial general liability insurance must meet or exceed the requirements of ISO -CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth below will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name the City, its elected and appointed officials, employees and volunteers as “additional insureds” under said insurance coverage and to st ate that such insurance will be deemed “primary” such that any other insurance that may be carried by the City will be excess thereto. Such insurance must be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City.

Comprehensive General Liability, including coverage for premises, products and completed operations, independent contractors, personal injury and contractual obligations with combined single limits of coverage of at least $2,000,000 up to $5,000,000+ per occurrence. $2,000,
000 per occurrence or; $_________________ per occurrence Auto Liability, including owned, non-owned and hired vehicles with at least $500,000 up to $1,000,000+. $500,000 per occurrence or; $1,000,000 per occurrence or; $_________________ per occurrence Workers’ Compensation Insurance: as required by State Statutes. (Not needed if Self -employed with no employees and CONTRACTOR signs statement to this effect.)
Errors & Omissions or Malpractice or Professional Liability: depending on type of contract/service. At least $500,000 up to $2,000,000+ per occurrence.
$500,000 per occurrence or; $1,000,000 per occurrence or; $_________________ per occurrence Business License: The CONTRACTOR shall agree to have a current City of Monterey Park license on file at City Hall or purchase said license (at no cost to the City).

Permits: Plans must be approved and permit(s) issued by the respective Department if appropriate. Building, Planning, Public Works, etc Exhibits - Scope of Work as Exhibit "A" and Budget as Exhibit "B" See Insur
ance Matrix Resolution No. 11750 for applicable coverage PLEA
SE NOTE: ALL APPLICABLE INFORMATION LISTED ABOVE MUST BE OBTAINED AND ON FILE, PRIOR TO THE ISSUANCE OF A CITY

PURCHASE ORDER BEING SENT TO YOU (VIA FAX OR HARD COPY) BY THE RISK MANAGER/PURCHASING AGENT, THUS AUTHORIZING COMMENCEMENT OF WORK FOR THE CITY.

Submitted by (complete all blanks): COLOR COPY REQUIRED BACK TO THE CITY Company Name: By (Print name & title):

Company Street Address: Vendor’s Authorized Signature required:

City, State, Zip: Date signed:

Phone: Agreement Date & Expiration Date:

Services Rendered: Agreement Amount
Originator/Department Contact: Date initiated:

Department Head Review: City Manager Approval :

Services Agreement (2).doc 11/21/2017
City Attorney Approval: _____________________________________

1.GENERALLY. The materials, supplies, or services (collectively, “Purchase”) covered by this purchase order (“order”) must be furnished by Seller subject to all the terms and conditions contained in this order which Seller, in accepting this order, agrees to be bound by and comply with in all particulars. No other terms or conditions are binding upon the parties unless subsequently agreed to in writing. Written acceptance or shipment of all or any portion of the Purchase covered by this order constitutes unqualified acceptance of all terms and conditions in this order. The terms of any proposal referred to in this order are included and made a part of the order only to the extent it specified the Purchase ordered, the price, and the delivery, and then only to the extent that such terms are consistent with the terms and conditions of this order.

2.INSPECTION. The Purchase furnished must be exactly as specified in this order, free from all defects in Seller’s performance, design, workmanship, and materials, and, except as otherwise provided, is subject to inspection and test by City at all times and places. If, before final acceptance, any Purchase is found to be incomplete, or not as specified, City may reject it, require Seller to correct it without charge, or require delivery of such Purchase at a reduction in price that is equitable under the circumstances. If seller is unable or refuses to correct such items within a time deemed reasonable by City, City may terminate the order in whole or in part. Seller bears all risks as to rejected Purchases and, in addition to any costs for which Seller may become liable to City under other provisions of this order, must reimburse City for all transportation costs, other related costs incurred, or payments to Seller in accordance with the terms of this order for unaccepted Purchases. Notwithstanding City’s acceptance of any Purchase, Seller is liable for latent defects, fraud, or such gross mistakes as constitute fraud.

3.CHANGES. City may make changes within the general scope of this order in drawings and specifications for specially manufactured supplies, place of delivery, method of shipment or packing of the order by giving notice to Seller and subsequently confirming such changes in writing. If such changes affect the cost of or the time required for performance of this order, an equitable adjustment in the price or delivery or both must be made. No change by Seller is allowed without City’s written approval. Any claim by Seller for an adjustment under this section must be made in writing within thirty (30) days from the date of receipt by Seller of notification of such change unless City waives this condition in writing. Nothing in this section excuses Seller from proceeding with performance of the order as changed.

4. TERMINATION. City may terminate this order at any time, either verbally or in writing, with or without cause. Should termination occur, City will pay Seller as full performance until such termination the unit or pro rata order price for the performed and accepted portion of the Purchase. City may provide written notice of termination for Seller’s default if Seller refuses or fails to comply with this order. If Seller does not cure such failure within a reasonable time period, or fails to perform the Purchase within the time specified (or allowed by extension), Seller will be liable to City for any excess costs incurred by City.

5.TIME EXTENSION. City may extend the time for completion if, in City’s sole determination, Seller was delayed because of causes beyond Seller’s control and without Seller’s fault or negligence. In the event delay was caused by City, Seller’s sole remedy is limited to recovering money actually and necessarily expended by Seller because of the delay; there is no right to recover anticipated profit.

6.REMEDIES CUMULATIVE. City’s rights and remedies under this order are not exclusive and are in addition to any rights and remedies provided by law.

7.TITLE. Title to materials and supplies purchased under this order pass directly from Seller to City upon City’s written acceptance following an actual inspection and City’s opportunity to reject.

8.PA YMENT. City will pay Seller after receiving acceptable invoices for materials and supplies delivered and accepted or services rendered and accepted. City will not pay cartage, shipping, packaging or boxing expenses unless specified in this order. Drafts will not be honored.

9.INDEMNIFICATION. Seller agrees to indemnify and hold City harmless from and against any claim, action, damages, costs (including, without limitation, attorney’s fees), injuries, or liability, arising out of the Purchase or the order, or their performance, except for such loss or damage arising from City’s sole negligence or willful misconduct. Should City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the Purchase or order, or their performance, Seller will defend City (at City’s request and with counsel satisfactory to City) and indemnify City for any judgment rendered against it or any sums paid out in settlement or otherwise. For purposes of this section “City” includes City’s officers, elected officials, and employees. It is expressly understood and agreed that the foregoing provisions will survi ve termination of this order. The requirements as to the types and limits of insurance coverage to be maintained by Seller, and any approval of such insurance by City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by Seller pursuant to this order, including, without limitation, to the provisions concerning indemnification.

10.WARRANTY. Seller agrees that the Purchase is covered by the most favorable commercial warranties the Seller gives to any customer for the same or substantially similar supplies or services, or such other more favorable warranties as is specified in this order. Warranties will be effective notwithstanding any inspection or acceptance of the Purchase by City.

11.ASSIGNMENT. City may assign this order. Except as to any payment due under this order, Seller may not assign or subcontract the order without City’s written approval. Should City give consent, it will not relieve Seller from any obligations under this order and any transferee or subcontractor will be considered Seller’s agent.

12.INSURANCE. Seller must provide the insurance indicated on the face sheet of this order.

13.PERMITS. Seller must procure all necessary permits and licenses, and abide by all federal, state, and local laws, for performing this order.

14.INDEPENDENT CONTRACTOR. City and Seller agree that Seller will act as an independent contractor and will have control of all work and the manner in which is it performed. Seller will be free to contr act for similar service to be performed for other employers while under contract with City.

Seller is not an agent or employee of City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City provides for its employees. Any provision in this order that may appear to give City the right to direct Seller as to the details of doing the work or to exercise a measure of control over the work means that Seller will follow the direction of the City as to end results of the work only.

15.WAIVER. City’s review or acceptance of, or payment for, work product prepared by Seller under this order will not be construed to operate as a waiver of any rights City may have under this Agreement or of any cause of action arising from Seller’s performance. A waiver by City of any breach of any term, covenant, or condition contained in this order will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this order, whether of the same or different character.

16.INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County.

Staff Report
October 2, 2024
ATTACHMENT 2
BID Proposals

($4.09/gallon)

City Council Staff Report
DATE: October 2, 2024
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: Easement with the Los Angeles Community College District for the Construction, Operation, and Maintenance of the ELAC Northeast Drainage Area and Biofiltration Project
RECOMMENDATION:

It is recommended that the City Council consider:

1. Authorizing the City Manager to execute the grant of easement, in a form approved by the City Attorney, with the Los Angeles Community College District for a biofiltration project located in the ELAC Northeast Drainage area;

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

EXECUTIVE SUMMARY:

The Los Angeles Community College District (“District”) owns and operates the East Los Angeles College (“ELAC”) located in the City of Monterey Park. As part of the District’s sustainable stormwater program, it has proposed to construct the ELAC Northeast Drainage Area and Biofiltration Project (“Project”) to improve drainage at the ELAC campus. The District is requesting the City grant an easement and access to ELAC for the construction, operation, and maintenance of the Project.

BACKGROUND:

The District’s proposed stormwater project includes the construction, operation and maintenance of three biofiltration systems that will be integrated into the existing landscaped planter island in the median of the ELAC Transit Center and the landscaped planter on the south edge in the ELAC Transit Center located in City’s right-of-way near the northeast part of the ELAC campus. The City has reviewed the District’s proposed project and supports its construction as it will improve drainage in the City right-of-way and will promote sustainable stormwater management. Staff requests City Council approve the Grant of Easement and Access to the District for the Construction, Operation and Maintenance of the (ELAC) Northeast Drainage area and Biofiltration Project.

FISCAL IMPACT:

There is no fiscal impact to the City to grant the District an easement and access for this Project.

Consent Calendar - 3K

Staff Report

October 2, 2024
Respectfully submitted by:

Shawn Igoe
Department Director
Approved by: Reviewed by:

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

1. Grant of Easement and Access

Staff Report
October 2, 2024

ATTACHMENT 1
Grant of Easement and Access

55240.00173\42708367.4

1 Recording requested by:

City of Monterey Park
xxx

When recorded, mail to:

City Clerk
City of Monterey Park
xxx

No fee per Government Code § 6103
______________________________________________________________________ Portion of Assessor’s Parcel Number: ____________

GRANT OF EASEMENT AND ACCESS FOR THE CONSTRUCTION, OPERATION

AND MAINTENANCE OF THE EAST LOS ANGELES COLLEGE NORTHEAST

DRAINAGE AREA AND BIOFILTRATION PROJECT
(To the Los Angeles Community College District)

No Documentary Transfer Tax per Revenue Taxation Code § 11922

______________________________________________________________________

This Easement and Access (“Agreement”) is made by the City of Monterey Park (“CITY”), a general law c ity and municipal corporation and the Los Angeles Community College District (“DISTRICT”), a California community college district . CITY and DISTRICT are sometimes collectively referred to in this Agreement as the “Parties” and individually as a “Party”. The Parties agree as follows:

1. Recitals. The Parties enter into this Agreement with the following understandings and objectives:

A. DISTRICT is engaged in a program to develop sustainable stormwater management projects for its nine campuses, consistent with its obligations related to the passage of Bond Measure CC, as well as its anticipated designation under the Small Municipal Separate Storm Sewer System (“MS4”) Permit.

B. DISTRICT owns and operates the East Los Angeles College (“ELAC”), located in CITY, and desires to work with CITY to improve drainage at ELAC by constructing, operating and maintaining the ELAC Northeast Drainage Area and Biofiltration Project (“Project”).

C. The Project consists of the construction, operation and maintenance of

55240.00173\42708367.4

2 three biofiltration systems that will be integrated into the existing landscaped planter island in the median of the ELAC Transit Center and the landscaped planter on the south edge in the ELAC Transit Center located in CITY’s right-of-way near the northeast part of the ELAC campus (“City ROW”). The City ROW is further described in Recital E. The Project includes the existing landscaped planter area along the perimeter of the Parking Structure #4 adjacent to West Floral Drive and Collegian Avenue which is in ELAC right- of-way (“ELAC ROW”) . C onstruction of a concrete drainage swale is needed as part of the Project to direct stormwater runoff from one of the drainage areas into the biofiltration system in the median of the ELAC Transit Center, which will be partially constructed in ELAC ROW and partially constructed in the drive aisle o f the ELAC Transit Center in City ROW, as further depicted on the map attached to this Agreement as Exhibit “A” and incorporated by reference.

D. CITY’s supports DISTRICT’s construction, operation and maintenance of the Project because it will improve drainage in the City ROW and will promote sustainable stormwater management.

E. The Parties enter into this Agreement to set forth their obligations related to the construction, operation, and maintenance of those portions of the Project located in the City ROW and to grant an easement to DISTRICT .

The City ROW is situated in the City of Monterey Park, County of Los Angeles State of California, and is more particularly described in attached Exhibit “B,” which is incorporated by reference.

2. Conveyance and Purpose of Easement; Obligations.

A. District Access; Purpose and Background . CITY grants to DISTRICT the right to access the City ROW for purposes of installing, operating, and maintaining the Project improvements as depicted in Exhibit “B.” CITY also grants to DISTRICT a permanent easement described below for the improvements and for conveying drainage water to the portions of the Project located within the City ROW , as described and depicted in Exhibit “B.” DISTRICT may capture and utilize water drainage for any legal purpose. The construction, operation and maintenance of the Project will be at no cost to CITY. The grant of the right of access and easement will be at no cost to DISTRICT.

B. Grant of Permanent Easement in the City ROW.

CITY grants to DISTRICT a permanent nonexclusive drainage and biofiltration facilities construction and maintenance easement, permitting DISTRICT, its officers, agents, employees, and contractors to convey drainage to, construct, and maintain the Project within the easement area described and depicted in attached Exhibit “__,” which is incorporated by reference (the “Easement”). The Easement includes DISTRICT’s ability to

55240.00173\42708367.4

3 enter upon and use real property adjoining the Easement as is reasonably necessary for ingress and egress. The Easement is nonexclusive and CITY may, but is not required to, utilize the City ROW for any purpose that does not interfere with DISTRICT’s rights under this Agreement.

3. Title. Unless conveyed by a separate document, or abandoned, CITY owns title to the City ROW at all times during the term of this Agreement.

4. Term. The Permanent Easement and the covenants and obligations set forth in this Agreement related thereto continue in full force and effect until such time as the Permanent Easement is no longer used and needed to be used by DISTRICT. Subject to the foregoing, real property subject to this Agreement may each hereafter be held, transferred, sold, leased, conveyed and occupied subject to the easement, covenants and obligations set forth herein, all of which runs with the land.

5. DISTRICT Obligations. DISTRICT must comply with all applicable laws governing construction, operation and maintenance of the Project within the City ROW including , without limitation, the City of Monterey Park’s MS4 Permit. DISTRICT is responsible for any and all routine maintenance work associated with the Project, which may consist of performing scheduled inspections and maintenance of the biofiltration systems.

DISTRICT’s operation and maintenance obligations does not extend to the any other parts or segments of the City ROW not addressed in this Agreement. DISTRICT will take all reasonable efforts during the construction of the improvement to minimize impacts to the ELAC Transit Center and will coordinate with CITY so that pedestrian and bus access may continue to function.

6. CITY Obligations. CITY will cooperate with DISTRICT during construction, operation and maintenance of the Project in the City Manager’s reasonable discretion. Currently, CITY irrigates and maintains the landscaped planter island in the median of the ELAC Transit Center and the landscaped planter on the south edge in the ELAC Transit Center, and, CITY will continue to provide such irrigation at its current level of service, unless otherwise prohibited from doing so due to drought regulations.

7. NOTICES. All notices required or permitted under this Agreement must to be in writing and delivered personally, or sent by overnight delivery service, or registered or certified mail, postage prepaid and directed as follows:

55240.00173\42708367.4

4 If to DISTRICT: Los Angeles Community College
District
Attn: Ms. Peggy Quijada
770 Wilshire Blvd.

Los Ángeles, CA 90017
Email: [email protected]
Phone: 213 891 2446

With a Copy to
ELAC:

East Los Angeles College
1301 Avenida Cesar Chavez
Monterey Park CA 91754
Attn: Jose Villarreal
Email: [email protected]
Phone: 323 265 8755

If to the CITY: City of Monterey Park
Attn: City Manager
320 West Newmark Ave.

Monterey Park, CA 91754
Email: _____________
Phone: (626) 307-1377

With a Copy to: Burke, Williams & Sorensen, LLP
Attn: Karl H. Berger, City Attorney
444 Flower Street, Suite 2400
Los Angeles, CA 90071 -2953 Email:
[email protected]
Phone: (213) 236-0600

Either Party may, at any time or from time to time, designate in writing a substitute address for that above set forth, and thereafter notices are to be delivered to such substitute address for that above set forth. Notices to either Party are effective o n the date of delivery, if delivered personally, on the next business day if sent by overnight courier, and three business days after depositing in the United States Postal system if sent via registered or certified mail.

8. Hazardous Waste.

A. The City ROW may contain certain hazardous materials (as defined below) as disclosed in environmental reports or other writings made available to DISTRICT regarding past or existing environmental conditions at or about the City ROW. CITY has not, however, nor, to CITY’s knowledge, has any third party used, generated, stored, or disposed of, or permitted the use, generation, storage, or disposal of, any Hazardous Material (as defined below) on, under, or within the City ROW in violation of any law or regulation since CITY’s acquisition of the City ROW.

55240.00173\42708367.4

5 B. DISTRICT cannot release or suffer the release of oil, petroleum products or other Hazardous Material on, in, at or from the City ROW. In addition to any other requirements in this Agreement, DISTRICT assumes all responsibility for the investigation and cleanup of any such release by DISTRICT and the restoration of the City ROW damaged by any release by DISTRICT, regardless of whether such costs or claims are caused or contributed to by the negligence or alleged sole negligence of CITY, except to the extent such costs or claims are caused by CITY’s gross negligence or intentional misconduct.

C. DISTRICT must give CITY prompt notice of any release by DISTRICT, violation of law or regulation or inspection or inquiry with respect to the Easement by any governmental authorities charged with enforcing environmental laws and copies of all such notices from federal, state, and local governmental authorities regarding the same. DISTRICT must also give CITY prompt notice of all measures undertaken by or on behalf of DISTRICT to investigate, correct, remediate, respond to or otherwise cure such release or violation.

D. DISTRICT agrees to defend, indemnify and hold CITY harmless against any and all damage, damages, losses, liabilities, claims, judgments, settlements, injuries, death, costs or expenses arising from any breach of any warranty or agreement contained in this Section or elsewhere in this Agreement or otherwise arising from DISTRICT’s use of the Easement (including, without limitation, any leakage or release of Hazardous Material) except to the extent caused solely by CITY’s gross negligence or intentional misconduct. This indemnity will survive termination of the Easement, but the indemnity will only relate to DISTRICT for claims related to its period of occupancy of the City ROW. As used in this Agreement, “Hazardous Material” means any substance, chemical or waste that is identified or subject to regulation as hazardous, toxic or dangerous or as a pollutant or contaminant in or pursuant to any applicable federal, state or local law or regulation (including, without limitation, oil, petroleum products and asbestos). The foregoing indemnity is intended to operate as an agreement pursuant to 42 USC § 9607(e) (the Comprehensive Environmental Response, Compensation and Liability Act; "CERCLA") and Health & Safety Code § 25364 to defend, protect, hold harmless, and indemnify CITY from all forms of liability under CERCLA, or other applicable law, for any and all matters addressed in this Agreement.

9. Possessory Interest Taxes. DISTRICT is informed by CITY pursuant to Revenue & Taxation Code § 107.6 , if and as applicable, that its property interest in the City ROW may be subject to property taxation if created and that DISTRICT may be subject to the payment of property taxes levied on its interest. CITY is not liable for such cost.

55240.00173\42708367.4

6 10. Sale or Transfer by City. Should CITY, at any time during the term of this Agreement, sell, lease, transfer, or otherwise convey all or any part of the City ROW to any transferee other than DISTRICT, then such transfer will be under and subject to this Agreement and all of DISTRICT’s rights hereunder.

11. Condemnation. If all or part of City ROW is acquired by eminent domain or purchase in lieu thereof, DISTRICT acknowledges that it will have no claim to any compensation awarded for the taking of City ROW or any portion thereof or for loss of or damage to DISTRICT’s improvements.

12. Relocation Benefits. DISTRICT acknowledges that it was informed that CITY is a public entity and that City ROW was previously acquired by CITY for a public purpose.

DISTRICT further acknowledges that any rights acquired under this Agreement arose after the date of acquisition of City ROW and that said rights are subject to termination when City ROW is needed by CITY. DISTRICT hereby acknowledges that at the time of said termination of this Agreement by CITY, it will not be a “displaced person” entitled to any of the relocation assistance or benefits offered to displaced persons under State or Federal law.

13. Mutual Indemnification.

A. Except as otherwise provided, DISTRICT agrees to hold harmless, defend, and indemnify CITY, its officers, employees, agents, representatives, and successors-in-interest against any and all loss, damage, cost, or expenses which CITY, its officers, employees , agents, representatives, and successors-in-interest may incur or be required to pay by reason of any injury or property damage caused or incurred by DISTRICT, its employees, or agents in the performance of this Agreement. Likewise CITY agrees to hold harmless, defend, and indemnify DISTRICT, its officers, employees, agents, representatives, and successors -in-interest against any and all loss, damage, cost or expenses which DISTRICT, its officers, employees, agents, representatives, and successors -in-interest may incur or be required to pay by reason of any injury or property damage caused or incurred by CITY, its employees, subcontractors, or agents in the performance of this Agreement.

B. It is expressly understood and agreed that this Section will survive termination of this Agreement.

14. Dispute Resolution. Should disputes arise regarding compliance with this Agreement, the Parties will meet and confer to resolve the dispute. Such meet and confer may include mediation or voluntary arbitration. If, after completing the meet and confer process, one Party believes the other Party remains in breach of this Agreement, that Party will provide written notice to the other Party detailing the alleged breach. The Party alleged to be in breach has 90 days to cure the breach or to commence cure if the cure

55240.00173\42708367.4

7 cannot be completed within 90 days. After the end of the cure period, the Party alleging the breach may pursue legal remedies if that Party believes the breach remains uncured.

15. Force Majeure. Should performance of this Agreement be prevented due to fire, flood, explosion, war, terrorism, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties’ control, then it will immediately terminate without obligation of either party to the other.

16. Compliance with Law. DISTRICT will, at its sole cost and expense, comply with all of the requirements of all federal, state, and local authorities now in force, or which may hereafter be in force, pertaining to DISTRICT’s use of City ROW and will faithfully observe all applicable laws. The judgment of any court of competent jurisdiction, or the admission of DISTRICT in any action or proceeding against DISTRICT, whether CITY be a party thereto or not, that DISTRICT has violated any such or dinance or statute in the use of City ROW will be conclusive of that fact as between CITY and DISTRICT.

17. Waiver of Breach . Any express or implied waiver of a breach of any term of this Agreement will not constitute a waiver of any further breach of the same or other term of this Agreement.

18. Termination. Upon termination of the Easement, CITY and DISTRICT execute and record a release of the Easement.

19. Binding upon Successors. All terms and conditions in the Easement will be binding upon the parties, their successors, and assigns. The benefits and burdens herein are intended to and will run with the land. This is the entire agreement between the parties and will not be modified except by written instrument signed by all the parties.

20. Governing Law. This document was drafted in and will be construed in accordance with the laws of the State of California and exclusive venue for any action involving this document will be in Los Angeles County.

21. Counterparts. This document may be executed in any number or counterparts, each of which will be an original, but all of which together will constitute one instrument executed on the same date.

22. Partial Invalidity. Should any provision of this Agreement be held by a court of competent jurisdiction to be either invalid or unenforceable, the remaining provisions of this Agreement will remain in effect, unimpaired by the holding.

23. Entire Agreement. This instrument and its Attachments constitute the sole agreement between CITY and DISTRICT respecting the City ROW , the use of City ROW by DISTRICT, and the specified Agreement terms, and correctly sets forth the obligations of CITY and DISTRICT. Any agreement or representations respecting the City ROW not expressly set forth in this instrument are void.

55240.00173\42708367.4

8 24. Construction. The language of each part of this Agreement will be construed simply and according to its fair meaning, and this Agreement will never be construed either for or against either party.

25. Authority/Modification. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written agreement. CITY’s city manager, or designee, may execute any such amendment on behalf of CITY.

IN WITNESS WHEREOF the parties hereto have executed this instrument the day and year below written.

CITY OF MONTEREY PARK LOS ANGELES COMMUNITY

COLLEGE DISTRICT

_______________________________ ____________________________ Inez Alvarez Peggy Quijada
City Manager Associate Vice Chancellor
Facilities Planning and Development

Date: ________________ Date: __________________

ATTEST:

______________________________
Maychelle Yee
City Clerk

APPROVED AS TO FORM: APPROVED AS TO FORM:

Karl H. Berger Anne L. Diga
City Attorney Interim General Counsel

By: ____________________________ By: __________________________

55240.00173\42708367.4

9 CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA }

COUNTY OF _________________ }

On ___________________, before me, ________________________________, Notary Public, (here insert name and title of the officer)

personally appeared _________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: __________________________________(Seal)

55240.00173\42708367.4

10 ACCEPTANCE OF EASEMENT
BY

DISTRICT

This is to certify that the interest in real property conveyed by the easement agreement dated ______ from the City of Monterey Park to the Los Angeles Community College District is accepted by the undersigned officer on behalf of the District pursuant to authority conferred by District Resolution No. XX adopted on XXX and District consents to recordation thereof by its duly authorized officer.

_____________________________ ___________________
XX, Date

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11 EXHIBIT ‘A’

55240.00173\42708367.4

12 EXHIBIT ‘B’

City Council Staff Report
DATE: October 2, 2024
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Martha Garcia, Director of Finance
SUBJECT: Public hearing to review and approve the Fiscal Year (FY) 2023-24 Consolidated Annual Performance and Evaluation Report (CAPER) for submittal to the U.S. Department of Housing and Urban Development (HUD).

RECOMMENDATION:

It is recommended that the City Council consider:

1. Opening the public hearing to receive testimonial and documentary evidence;

2. Approving the draft FY 2023-2024 Consolidated Annual Performance and Evaluation Report (CAPER) for the Community Development Block Grant ("CDBG"), and HOME Investment Partnerships ("HOME") Programs;

3. Directing staff to prepare and transmit the final documents to the U.S. Department of Housing and Urban Development ("HUD");

4. Authorizing the City Manager, or her designee, to take all actions necessary or desirable to complete and submit the CAPER; and

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

EXECUTIVE SUMMARY:

The City of Monterey Park’s Housing Division has completed its Consolidated Annual Performance Evaluation Report (CAPER) for the period July 1, 2023, through June 30, 2024. The CAPER describes the overall use of federal Community Development Block Grant (CDBG), and HOME Investment Partnerships (HOME) funds received from the US Department of Housing and Urban Development (HUD) in relationship to the needs of the community as outlined in its Fiscal Year (FY) 2023-24 Annual Action Plan. The City’s overall objective in the CDBG and HOME programs is the development of viable communities by providing decent housing, a suitable living environment, and expansion of economic opportunities primarily for low-to-moderate income persons. It is recommended that the City Council conduct a public hearing to receive community feedback on the FY 2023-24 CAPER and approve its submission to the HUD.

A copy of the draft CAPER was made available for public review on September 17, 2024, through October 1, 2024. Copies of the draft 2023-24 CAPER were made available on the city's website at https://www.montereypark.ca.gov/DocumentCenter/View/16681 and at Monterey Park City Hall. All comments will be incorporated into the final CAPER.

Public Hearing - 4A

Staff Report

October 2, 2024
BACKGROUND:

The City submits a CAPER to the HUD annually as one of the conditions of receiving federal funds under the CDBG and HOME programs. The CAPER outlines progress made in achieving goals established in the City’s Five-Year Consolidated Plan and Annual Action Plan, including 1) funds invested in projects and activities; 2) households and persons assisted; 3) actions taken to affirmatively further fair housing; and 4) other information relevant to grant-funded projects administered by the City that affect local housing and community development needs. The CAPER is an effective tool that is designed to ensure the City stays on track with its Five-Year Consolidated Plan and the Annual Action Plan. The CAPER is also designed to provide a maximum amount of useful information to policymakers and residents. A copy of the CAPER is attached to this staff report as Attachment 1.

During FY 2023-24, the City spent $114,302.32 in CDBG funds, $367,600.01 in HOME funds, $320,130.52 in CDBG-CV funds, and $63,338.20 in HOME-ARP funds on a variety of community development projects. Table 1 , below, provides a detailed summary of programmatic expenditures for FY 2023-24 by funding category.

Table 1: Summary of FY 2023-24 Program Expenditures
No. Programs FY 2023-2024
Funding
Carryover
Funds
Expended
Amount
CDBG
1 CDBG Planning & Administration #615 $117,615 $0 $89,650.10 2 Fair Housing Program #614 $25,000 $0 $24,652.22
3 Barnes Park Restrooms #TBD $445,461 $0 $0
Remaining funds have been reprogrammed
into projects for FY 2024-25. $588,076 $0 $114,302.32
HOME
4 HOME Planning & Administration #613 $43,000 $0 $42,985.31 5 Owner-Occupied Rehabilitation Loan
Program #610, 588, 591, 606. $281,800 $933,070.50 $317,156 6 CHDO #TBD $56,360 $0 $0
Remaining funds have been reprogrammed
into projects for FY 2024-25. $381,160 $933,070.50 $360,141.31

CDBG-CV
7 Planning & Administration #592 $0 $187,151 $100,289.50 8 Homeless Services and Prevention
Activities #605 $0 $220,000 $219,841.02
9 Small Business Assistance Program #600 $0 $318,286 $0

Staff Report

October 2, 2024

$0 $725,437 $320,130.52

HOME-ARP
10 Planning & Administration #611 $0 $176,255 $1,150
11 Supportive Services #612 $0 $998,784 $62,188.20
$0 $1,175,039 $63,338.20

Table 2, below, provides a summary list of the accomplishments achieved during Program Year (PY) 2023-24. Staff will continue to monitor these programs and make adjustments or recommendations to the City Council for improvement. In addition, the level of performance will increase as staff continue exploring innovative opportunities to improve the quality of life for low- and moderate-income residents.

Table 2: Summary of FY 2023-24 Program Accomplishments

No. Programs Goal Actual
CDBG
1 CDBG Planning & Administration #615 N/A N/A
2 Fair Housing Program #614 100 People 131 People
3 Barnes Park Restrooms #TBD 1 project 0 project
HOME
4 HOME Planning & Administration #613 N/A N/A
5 Owner-Occupied Rehabilitation Loan Program #610, 588, 591, 606.
3 Housing Units 4 Housing Unit
6 CHDO #TBD 1 Project 0 Projects

CDBG-CV
7 Planning & Administration #592 N/A N/A
8 Homeless Services and Prevention Program #605 50 people 84 people 9 Small Business Assistance Program #600 20 Businesses 48 Businesses

HOME-ARP
10 Planning & Administration #611 N/A N/A
11 Supportive Services #612

500 People

708 People

The public hearing is an opportunity for the City Council and Monterey Park community to review the accomplishments of the various program areas in the FY 2023-24 CAPER.

Upon conclusion of the public hearing, it is recommended that the City Council approve the submission of the CAPER to the HUD to satisfy the reporting requirement s for the year.

Staff Report

October 2, 2024
2023-2024 STRATEGIC PLAN GOAL:

The CAPER report outlines progress made in achieving the Housing Strategic Plan Goal of the development of viable communities by providing decent housing, a suitable living environment, and expansion of economic opportunities primarily for low-to-moderate income persons.

FISCAL IMPACT:

There is no fiscal impact to the General Fund for conducting a Public Hearing and submitting the CAPER to HUD.

Respectfully submitted by:

Martha Garcia
Director of Finance
Approved by: Reviewed by:

Inez Alvarez
City Manager
Karl H. Berger
City Attorney

ATTACHMENT
A. FY 2023-
2024 Consolidated Annual Performance and Evaluation Report (CAPER)

Staff Report
October 2, 2024
ATTACHMENT 1
FY 2023-24 Draft Consolidated Annual
Performance and Evaluation Report (CAPER)

Fiscal Year 2023-2024
DRAFT
Consolidated Annual Performance and Evaluation Report

(CAPER)
City of Monterey Park
320
West Newmark Avenue
Monterey Park, CA 91754

TABLE O

F CONTENTS
1 7
8 13

15 18

19 23
25 26
28 29
CR-05 - Goals and Outcomes
CR-10 - Racial and Ethnic Composition of Families Assisted CR-15 - Resources and Investments 91.520(a)
CR-20 - Affordable Housing 91.520(b)
CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) CR-30 - Public Housing 91.220(h); 91.320(j)
CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
CR
-40 - Monitoring 91.220 and 91.230
CR-45 - CDBG 91.520(c)
CR
-50 - HOME 91.520(d)
Appendix A – Proof of Publ ication
Appendix B – Summary of Citizen Participation Comments
Appendix C – IDIS Reports 30

1 | Page

CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan.

91.520(a)
An overview that includes major initiatives and highlights that were proposed and executed throughout the program year.

The City of Monterey Park has prepared the FY 2023-24 Consolidated Annual Performance and Evaluation Report (CAPER) as required by the U.S. Department of Housing and Urban Development (HUD) which describes the use of federal Community Development Block Grant (CDBG) and HOME Investment Partnership funds during the fourth program year of the 2020 - 2024 Consolidated Plan period, covering July 1, 2023 to June 30, 2024.

The City receives CDBG and HOME funds from HUD on a formula basis each year, and in turn, implements projects and awards grants to nonprofit, for -profit or public organizations for projects in furtherance of the adopted Consolidated Plan. The CDBG program generally provides for a range of eligible activities for the benefit of low - and moderate -income Monterey Park residents.

The City’s CDBG mission statement, as outlined in the Five -Year Consolidated Plan, is to enhance the quality of life for all residents by maximizing the use of available resources in order to assure the availability of safe, decent and affordable housing. The City continues to face significant problems as the number of low -income Monterey Park residents increase and the costs of providing affordable housing skyrocket. The housing stock is aging and many residents continue to pay more than 50% of their income towards housing expenses. Yet, in spite of these obstacles, the City strives to develop a viable community principally for low - and moderate - income residents by preserving and rehabilitating existing housing stock, promoting affordable housing and expanding affordable housing stock.

The CDBG and HOME Programs made significant progress in meeting the annual goals. This report will demonstrate how the City achieved its housing non- housing priorities of fair housing was met.

In eva luating the effectiveness of serving low - and moderate -income residents, the City is pleased to report that CDBG funds were expended on eligible activities benefiting low - and moderate-income residents . All HOME funding beneficiaries were persons of low a nd – moderate-income residents.

The City is proud of its achievements during FY 2023-24 and looks forward to serving its residents in FY 2024-25. We remain confident that we will increase our level of performance as we continue exploring innovative opportunities to improve the quality of life of our low - and

2 | Page

moderate- income citizens.

Under the 2020 federal stimulus plan - CARES Act, the City received $ 938,435 in CDBG-CV funds to be used for activities that prevent, prepare for, or respond to the impacts of COVID-

19. The City Council allocated those funds to an economic development program to assist small businesses suffering from hardship due to COVID - 19; and to assist low- and moderate - income persons in preventing , prepar ing for, and responding to COVID - 19 throughhousing instability services, homeless services and prevention activites, and health crisis outreach.

In 2021, the American Rescue Plan Act was enacted by Congress. The American Rescue Plan (ARP) provides funds to assist individuals or households who are homeless, at risk of homelessness, and other vulnerable populations, by providing housing, rental assistance, supportive services, and non- congregate shelter, to reduce homelessness and increase housing stability across the country. These grant funds will be administered through HUD's HOME Investment Partnerships Program (HOME -ARP). Since the City of Monterey Park is an Entitlement City, the City received $1,175,039 in HOME-ARP funds. The City plans on using these funds next program year.

Table 1 provides a summary of the five-year and one- year accomplishments for the period ending June 30, 2024, arranged by each of the Strategic Plan Goals included in the 2020 -2024 Strategic Plan of the Consolidated Plan.

3 | Page

Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g)

Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual outcomes/outputs, and percentage completed for each of the grantee’s program year goals.

Goal

Category
2023-2024
Amount

Indicator
Unit of Measure 5-Year Strategic Plan 2023-2024 Program Year No. 4 Expected Actual Percent
Complete
Expected Actual Percent
Complete
Housing Strategy Goal #1 Affordable
Housing
HOME: $0

Tenant-based rental
assistance/Rapid
Rehousing
Households
Assisted
18 18

100% 0 0 0%
Housing Strategy Goal #2 Affordable
Housing
HOME:$281,820 Homeowner housing
Rehabilitated
Household
Housing Units
15 12 80% 3 4 133%
Housing Strategy Goal #3 Affordable
Housing
HOME: $56,340 CHDO
Other
Utility Assistance
Program
Households
Assisted
1 0 0% 0 0 0%
Homeless Strategy Homeless CDBG-CV:
$220,000
Overnight Shelter
Homelessness
Prevention
Persons Assisted 60 194 323% 30 84 280%
Special Needs Strategy Non-Homeless
Special Needs
$0 Special Needs Persons Assisted 0 0 0% 0 0 0%
Fair Housing Strategy Affordable
Housing
CDBG:$25,000

Other Persons

500 465 93% 100 131 131%
Community Development
Strategy Goal #1
Non-Housing
Community
Development
$0 Public Infrastructure
Activities other than
Low/Moderate Income
Housing Benefit
Projects 0 0 0% 0 0 0%

4 | Page

Community Development
Strategy Goal #2 (Barnes
Park Restrooms will begin in
PY23-24)
Non-Housing
Community
Development
CDBG: $445,461 Public Facilities
Activities other than
Low/Moderate Income
Housing Benefit
Projects 2 0 0% 1 0 0%
Community Development
Strategy Goal #3
(includes Fair Housing and
Homeless numbers)
Non-Housing
Community
Development
CDBG-CV:
$220,000

HOME-ARP:
$998,784
Public service
activities other than
Low/Moderate Income
Housing Benefit
Persons Assisted 1,030 1,257 122% 630 923 146%
Community Development
Strategy Goal #4
Economic
Development
$0 Expand the City’s
economic base and
promote greater
employment
opportunities.

Repayment of
Section 108

SBAP
2 65
2 39
100%

60%
0 0
0 0
100%

0%
Program Administration Planning and
Administration
CDBG:
$117,615

HOME:
$42,985.11

CDBG-CV:
$187,151

HOME-ARP:
$176,255
This program provides
payment of reasonable
administrative costs
and carrying charges
related to the planning
and execution of the

CDBG, HOME,
CDBG-CV, and

HOME-ARP
programs.

Other 5 4 80% 1 1 100%
Table 1 - Accomplishments – Program Year & Strategic Plan to Date

5 | Page

Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan, giving special attention to the highest priority activities identified.

The following narratives report the effectiveness of the City’s performance during the FY 2023- 24 reporting period in achieving its five -year strategy objectives and priorities. The City will continue to address the needs of its underserved populations by promoting its housing and continuing to work with community service programs. The Priority Needs Summary Table contained in the Consolidated Plan, prioritizes activities to assist renters, homeowners and other persons with special needs who are in the very low-income to moderate-income categories.

During FY 2023-24, the City made progress toward accomplishing the goals of developing a viable community by providing affordable decent housing, a suitable living environment and expanding economic opportunity for low income persons as described in pertinent Consolidated Plan documents.

The highest priorities listed in the City’s Five Year Consolidated Plan cover the following goals:
• Improve, Maintain, and Expand Affordable Housing
• Promote Equal Housing Opportunity
• Support Economic Development Opportunities
• Planning and Administration

6 | Page

Summary of FY 2023-24 Program Expenditures
No. Programs FY 2023-2024
Funding
Carryover
Funds
Expended
Amount
CDBG
1 CDBG Planning & Administration #615 $117,615 $0 $89,650.10 2 Fair Housing Program #614 $25,000 $0 $24,652.22
3 Barnes Park Restrooms #TBD $445,461 $0 $0
The remaining funds have been reprogrammed into
projects for FY 2024-25. $588,076 $0 $114,302.32
HOME
4 HOME Planning & Administration #613 $43,000 $0 $42,985.31 5 Owner-Occupied Rehabilitation Loan Program #610,
588, 591, 606.
$281,800 $933,070.50 $317,56
6 CHDO #TBD $56,360 $0 $0
The remaining funds have been reprogrammed into
projects for FY 2024-25. $381,160 $933,070.50 $360,141.31

CDBG-CV
7 Planning & Administration #592 $0 $187,151 $100,289.50 8 Homeless Services and Prevention Activities #605 $0 $220,000 $219,841.02 9 Small Business Assistance Program #600 $0 $318,286 $0 $0 $725,437 $320,130.52

HOME-ARP
10 Planning & Administration #611 $0 $176,255 $1,150
11 Supportive Services #612 $0 $998,784 $62,188.20
$0 $1,175,039 $63,338.20

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CR-10 - Racial and Ethnic composition of families assisted Describe the families assisted (including the racial and ethnic status of families assisted).

91.520(a)

CDBG HOME
White 72 2
American Indian/Alaskan Native 0 0
Asian 187 2
Black/African American 31 0
Multi-Racial 633 0
Asian and White 0 0
Native Hawaiian or Other Pacific Islander 0 0
Other 0 0
Total 923 4
Hispanic 530 2
Not Hispanic 393 2
Table 2 – Table of assistance to racial and ethnic populations by source of funds Narrative
CDBG assisted 923 persons and HOME assisted 4 households duri ng the reporting period. The chart above reflect the racial and ethnic status of families assisted.

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CR-15 - Resources and Investments 91.520(a)
Identify the resources made available

Source of Funds Resources Made
Available
Amount Expended
During Program Year
CDBG $588,076 $114,302.32
HOME $375,733 $367,600.01
CDBG-CV $938,435 $320,130.52
HOME-ARP $1,175,039 $63,338.20
Table 3 - Resources Made Available

Narrative
For FY 2023-24, the City received $588,076 in Community Development Block Grant (CDBG), and $375,733 in HOME Investment Partnership funds.

On April 2, 2020, the City received a notification of federal CARES Act funding from the U.S.

Department of Housing and Urban Development (HUD). The City received $938,435 in CDBG- CV funds. These funds were submitted as amendment s to the 2019-20 One-Year Annual Action Plan and approved by the City Council on May 18, 2021.

In 2021, the American Rescue Plan Act was enacted by Congress. The American Rescue Plan (ARP) provides funds to assist individuals or households who are homeless, at risk of homelessness, and other vulnerable populations, by providing housing, rental assistance, supportive services, and non- congregate shelter, to reduce homelessness and increase housing stability across the country. These grant funds will be administered through HUD's HOME Investment Partnerships Program (HOME -ARP). Since the City of Monterey Park is an Entitlement City, the City received $1,175,039 in HOME-ARP funds.

Identify the geographic distribution and location of investments Target Area Planned Percentage of
Allocation
Actual Percentage of
Allocation
Narrative Description
Citywide 100% 100% Citywide Area
Table 4 – Identify the geographic distribution and location of investments

Narrative
The geographic area established for all proposed activities is the incorporated limits of the City of Monterey Park. All housing rehabilitation programs are administered City-wide.

The City will not establish geographic priorities for investment for special needs populations.

CDBG funded supportive services will be designed to meet the national objective of benefiting low and moderate -income persons. The following groups of persons are currently presumed by HUD to be made up principally of low and moderate -income persons: elderly persons, homeless

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persons, severely disabled persons, victims of domestic violence and persons living with AIDS.

Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds), including a description of how matching requirements were satisfied, as well as how any publicly owned land or property located within the jurisdiction that were used to address the needs identified in the plan.

The City of Monterey Park and HUD share a mutual interest in leveraging HUD resources to the maximum extent possible in order to deliver high -quality affordable housing, neighborhood improvement programs, supportive services, and economic development.

Entitlement Funds - Leverage, in t he context of CDBG funding, means bringing other local, state, and federal financial resources to maximize the reach and impact of the City’s U.S. HUD funded programs. HUD, like many other federal agencies, encourages the recipients of federal monies to de monstrate that efforts are being made to strategically leverage additional funds in order to achieve greater results. Leverage is also a way to increase project efficiencies and benefit from economies of scale that often come with combining sources of funding for similar or expanded scopes. Funds will be leveraged if financial commitments toward the costs of a project from a source other than the originating HUD program are documented.

Other Federal Grant Programs - In addition to the entitlement dollars listed above, the federal government has several other funding programs for community development and affordable housing activities. These include: the Section 8 Housing Choice Voucher Program, Section 202, the Affordable Housing Program (AHP) through the Federal Home Loan Bank, and others.

It should be noted that in most cases the City would not be the applicant for these funding sources as many of these programs offer assistance to affordable housing developers rather than local jurisdictions.

State Housing and Community Development Sources - In California, the Department of Housing and Community Development (HCD) and the California Housing Finance Agency (CalHFA) administer a variety of statewide public affordable housing programs that offer assistance to nonprofit affordable housing developers. Examples of HCD’s programs include the Multifamily Housing Program (MHP), Affordable Housing Innovation Fund (AHIF), Building Equity and Growth in Neighborhoods Program (BEGIN), and CalH ome. Many HCD programs have historically been funded by one -time State bond issuances and, as such, are subject to limited availability of funding. CalHFA offers multiple mortgage loan programs, down payment assistance programs, and funding for the construction, acquisition, and re habilitation of affordable ownership units. The State also administers the federal Low Income Housing Tax

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Credit (LIHTC) program, a widely used financing source for affordable housing projects. As with the other federal and state grant programs discussed above, the City would either have to competitively apply or affordable housing developers could apply for funding through these programs for particular developments in the City.

County and Local Housing and Community Development Sources - There are a variet y of countywide and local resources that support housing and community development programs.

Some of these programs offer assistance to local affordable housing developers and community organizations while others provide assistance directly to individuals. The Mortgage Credit Certificates (MCC) Program provides assistance to first-time homebuyers by allowing an eligible purchaser to take 20 percent of their annual mortgage interest payment as a tax credit against federal income taxes. The County administers the MCC Program on behalf of the jurisdictions, including Monterey Park.

The City does not own land or property located within the jurisdiction that may be used to address the needs identified in the plan.

Is there a description of how HOME and ESG matching requirements were satisfied? (91.520(a))
HOME: During F Y 202 3-24, the City expended $367,600.01. The disbursements requiring match is $337,057.97. The City’s met its match liability of $84,264.49 by using its excess match from prior Federal fiscal years.

ESG: The City does not receive any ESG funds; therefore, it has no match liability.

Do the dates the match was contributed fall within the correct Federal Fiscal Year for this reporting period (Column 2)? No dates provided?
During FY 2023, the City expended $367,600.01 in HOME funds. The disbursements requiring match is $337,057.97. The City’s met its match liability of $84,264.49 by using its excess match from prior Federal fiscal years. This amount covers July 1, 2023 through June 30, 2024.

Fiscal Year Summary – HOME Match

1. Excess match from prior Federal fiscal year $2,442,339.29

2. Match contributed during current Federal fiscal year $0

3. Total match available for current Federal fiscal year (Line 1 plus Line 2) $2,442,339.29

4. Match liability for current Federal fiscal year $84,264.49

5. Excess match carried over to next Federal fiscal year (Line 3 minus Line 4) $2,358,074.80 Table 5 – Fiscal Year Summary - HOME Match Report

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Match Contribution for the Federal Fiscal Year
Project
No. or
Other ID
Date of
Contribution
Cash
(non-
Federal
sources)
Foregone
Taxes,
Fees,
Charges
Appraised
Land/Real
Property
Required
Infrastructure
Site
Preparation,
Construction
Materials,
Donated
labor
Bond
Financing
Total
Match
N/A
Table 6 – Match Contribution for the Federal Fiscal Year

HOME MBE/WBE report
Program Income – Enter the program amounts for the reporting period Balance on hand
at beginning of
reporting period
$
Amount received
during reporting
period
$
Total amount
expended during
reporting period
$
Amount
expended for
TBRA
$
Balance on hand
at end of
reporting period
$
$0 $0 $ 0 $0 $0
Table 7 – Program Income

Minority Business Enterprises and Women Business Enterprises – Indicate the number and dollar value of contracts for HOME projects completed during the reporting period Total Minority Business Enterprises White Non-
Hispanic Alaskan
Native or
American
Indian
Asian or
Pacific
Islander
Black Non-
Hispanic
Hispanic
Contracts
Dollar
Amount $0 0 0 0 $0 0
Number 0 0 0 0 0 0
Sub-Contracts
Number 0 0 0 0 0 0
Dollar
Amount 0 0 0 0 0 0
Total Women
Business
Enterprises
Male
Contracts
Dollar
Amount $0 0 $0
Number 0 0 0
Sub-Contracts
Number 0 0 0

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Dollar
Amount 0 0 0
Table 8 – Minority Business and Women Business Enterprises

Minority Owners of Rental Property – Indicate the number of HOME assisted rental property owners and the total amount of HOME funds in these rental properties assisted Total Minority Property Owners White Non-
Hispanic Alaskan
Native or
American
Indian
Asian or
Pacific
Islander
Black Non-
Hispanic
Hispanic
Number 0 0 0 0 0 0
Dollar
Amount 0 0 0 0 0 0
Table 9 – Minority Owners of Rental Property

Relocation and Real Property Acquisition – Indicate the number of persons displaced, the cost of relocation payments, the number of parcels acquired, and the cost of acquisition Parcels Acquired 0 0
Businesses Displaced 0 0
Nonprofit Organizations
Displaced 0 0
Households Temporarily
Relocated, not Displaced 0 0
Households
Displaced
Total Minority Property Enterprises White Non-
Hispanic Alaskan
Native or
American
Indian
Asian or
Pacific
Islander
Black Non-
Hispanic
Hispanic
Number 0 0 0 0 0 0
Cost 0 0 0 0 0 0
Table 10 – Relocation and Real Property Acquisition

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CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the number and types of families served, the number of extremely low-income, low-income, moderate-income, and middle-income persons served.

One-Year Goal Actual
Number of Homeless households to be
provided affordable housing units 0 0
Number of Non-Homeless households to be
provided affordable housing units 0 0
Number of Special-Needs households to be
provided affordable housing units 0 0
Total 0 0
Table 11 – Number of Households

One-Year Goal Actual
Number of households supported through
Rental Assistance 0 0
Number of households supported through
The Production of New Units 0 0
Number of households supported through
Rehab of Existing Units 3 4
Number of households supported through
Acquisition of Existing Units 0 0
Total 3 4
Table 12 – Number of Households Supported

Discuss the difference between goals and outcomes and problems encountered in meeting these goals.

The City assisted four homeowners during the program year. The City exceeded its goal of assisting three homeowners. The City’s aggressive marketing during the fiscal year increased the number of applicants. The City will more than exceed its goal for the upcoming fiscal year.

Discuss how these outcomes will impact future annual action plans.

The City has made a concerted effort to successfully complete all of the rehabilitation loans over the five -year Consolidated Plan period. The City continues marketing of the Residential Rehabilitation program thro ugh flyers and its website. In addition to these methods, in June 2019 the City initiated the direct marketing of its Residential Rehabilitation program to all of its residents using inserts in its water bills. This method of marketing has been the most successful

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and will be continued during the next fiscal year. This program addresses the City’s priority of the preservation and rehabilitation of existing housing stock.

The City continues to receive an increased number of inquiries from Monterey Park residents that are interested in this program due to its marketing efforts. Staff continues to promote the program, explain the program to residents, review and verify eligibility of applicant, and process loans.

Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity.

Number of Persons Served CDBG Actual HOME Actual
Extremely Low-income 898 0
Low-income 14 0
Moderate-income 11 4
Above Low-income 0 0
Total 923 4
Table 13 – Number of Persons Served

Narrative Information
Does the number of owner and renter households assisted meet the Section 215 definition of affordable housing included?
The City does periodic site inspections checking the conditions of the affordable housing projects; however, no on -site inspections were completed during this program year . Currently, the City is creating a list of all HOME projects that are still under the affordability period and are therefore required to be inspected. Once the list is created, all properties will be inspected for compliance. Thereafter, a schedule will be created to ensure the inspections are conducted according to HOME regulations.

There were no households assisted with housing that meets the Section 215 definition of affordable housing for rental and home ownership during FY 2023-24.

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CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending homelessness through:

Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs
The City is located within the Los A ngeles Homeless Services Authority (LAHSA) Continuum.

The continuum provides oversight of federal homeless assistance dollars and collaborates with local communities to provide the best service to our residents who are homeless. The Los Angeles Continuum conducts quarterly community meetings and the public is invited. The City is using a portion of its CDBG-CV funds to assist with the needs of the homeless.

In 2024, LAHSA reported that eighty-six (86) unsheltered individuals are located in the City of Monterey Park. Fourty-seven (47) were living on the street , sixteen (16) in their cars/vans, zero (0) i n RVs/Campers , and twenty -three (23) in makeshift shelters and tents . The City will continue its efforts in the prevention and reduction of homelessness by supporting the LAHSA and its outreach programs, and providing referrals to public assistance programs offered by the County. If additional CDBG funds become available the City will reconsider funding public service agencies that assist in the prevention and reduction of homelessness.

During 2023-24, the City did not directly assist any homeless persons with CDBG or HOME funds. The City is using its CDBG -CV funds to assist the homeless that have been impacted by the pandemic. The 2020 Coronavirus pandemic has caused social and economic instability in the City of Monterey Park. Due to the pandemic, homeless outreach teams have encountered an increase in homeless individuals seeking housing placement, employment, and food. The homeless clients have stated that their homeless situation is a direct result of the pandemic and the loss of employment at the various businesses in the City.

The City allocated CDBG -CV funds to the Police Department’s Homeless Services and Prevention Program to assist homeless indi viduals impacted by COVID -19. This year, the Homeless services and Prevention Program has assisted 84 people with the following efforts:
rental assistance programs, food assistance programs, street outreach to respond to increased homelessness, and mitigate encampment locations, while providing linkages to available resources.

In 2021, the American Rescue Plan Act was enacted by Congress. The American Rescue Plan (ARP) provides funds to assist individuals or households who are homeless, at risk of homelessness, and other vulnerable populations, by providing housing, rental assistance, supportive services, and non- congregate shelter, to reduce homelessness and increase housing stability across the country. These grant funds will be administered through HUD's HOME

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Investment Partnerships Program (HOME -ARP). Since the City of Monterey Park is an Entitlement City, the City received $1,175,039 in HOME -ARP funds. The City plans in using these funds next program year.

The ever -worsening homeless crisis has impacted the quality of life and public health of the Monterey Park community and first responders. The City of Monterey Park and Monterey Park Police Department (MPPD) leadership are committed to combating homelessness but continue to face challenges which include lack of bed availability and resources in the San Gabriel Valley along with lack of funding allocated to address the cultural competency of the unsheltered Monterey Park population and those on the verge of becoming homeless.

The City of Monterey Park and the MPPD have a need and desire to serve the most vulnerable in our community and increase ideas, resources and programs to be a part of a solution to this end.

The HOME-ARP will provide funding for homeless engagement, with the objective to reduce homelessness and increase housing stability among individuals and families who are experiencing homelessness or on the verge of experiencing homelessness through support from a homeless service system that work in collaboration with the broader Continuum of C are (CoC) system in Los Angeles County. Interim housing in a motel/hotel setting with case management and supportive activities would assist the qualifying population with appropriate services to their specific situation to find a long-term solution.

The City will continue its efforts in addressing the emergency shelter and transitional housing needs of the homeless by collaborating with agencies that provide shelter for the homeless. If additional CDBG funds become available, the City will consider funding public service agencies that assist in the emergency shelter and transitional housing needs of homeless persons.

Addressing the emergency shelter and transitional housing needs of homeless persons The City will continue its efforts in addressing the emergency shelter and transitional housing needs of the homeless by collaborating with agencies that provide shelter for the homeless. If additional CDBG funds become available the City will consider funding public service agencies that assist in the emergency shelter and transitional housing needs of homeless persons.

Helping low-income individuals and families avoid becom ing homeless, especially extremely low-income individuals and families and those who are: likely to become homeless after being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, fos ter care and other youth facilities, and corrections programs and institutions); and, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs The City will continue its efforts in helping low-income individuals and families avoid becoming homeless. The City will also provide referrals to public assistance programs offered by other

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agencies in the County.

Helping homeless persons (especially chronically homeless individual s and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, fa cilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again
The City will continue its efforts in helping homeless persons make the transition to permanent housing and independent living by collaborating with agencies that provide shelter for the homeless. The City will also provide referrals to public assistance programs offered by other agencies to aid in preventing the recently homeless from becoming homeless again.

The number of homeless persons served?
During FY 2023-24, the Homeless Services and Prevention Program assisted 84 homeless individuals impacted by COVID -19. This grant has helped us become successful through our outreach efforts with those people impacted by COVID and experiencing homelessness. We asssisted 25 people with access to shelters, interim housing, substance programs, and transition housing.

The City will continue its efforts in addressing the emergency shelter and transitional housing needs of the homeless by collaborating with agencies that provide shelter for the homeless. If additional CDBG funds become available, the City will consider funding public service agencies that assist in the emergency shelter and transitional housing needs of homeless persons.

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CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
There are no public housing units in the City of Monterey Park; therefore, this section does not apply.

Actions taken to encourage public housing residents to become more involved in management and participate in homeownership
There are no public housing units in the City of Monterey Park; therefore, this section does not apply.

Actions taken to provide assistance to troubled PHAs
There is no public housing authority in the City of Monterey Park. The City relies on the the County of Los Angeles Housing Authority, to address public housing needs and OCHA is not designated as troubled.