Cities Index.
Agenda

Monterey Park City Council
October 2, 2024

Document
Agenda
Meeting
October 2, 2024
Body
Monterey Park City Council
Pages
792
Original file
79.1 MB
Text extracted from the city's file for reading and search. Open the original on montereyparkca.api.civicclerk.com. That file is the official record.

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CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment. 91.220 (j); 91.320 (i) In the Housing Element Update, the City has established barrier removal goals, policies and programs. The following goals will be implemented:
• Remove or reduce governmental constraints on affordable housing development. • Continue efforts to streamline administrative procedures for granting approvals and permits. Review residential development standards, regulations, ordinances, review procedures and permitting fees related to the development of housing. Adjust, as appropriate, those that are determined to be a constraint to the development of housing. • Encourage the use of density bonuses and provide other regulatory concessions to facilitate affordable housing development.
• Provide appropriate definitions and zoning designations in the Zoning Ordinance to allow and facilitate the development of housing for extremely low -income and special needs persons.
• Streamline the development process, particularly for affordable housing projects, which reduces the costs associated with holding on to land until it can be developed.

The City offers three different density bonus options to encourage the development of affordable housing, senior housing, and mixed-use projects.

As part of the Governmental Constraints analysis for the Housing Element update, revisions to the Monterey Park Zoning Ordinance were identified as appropriate to better facilitate the provision of a variety of housing types such as: emergency shelters, transitional housing, supportive housing, and single-room occupancy (SRO) units.

Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j) Efforts to address obstacles to meeting underserved needs included:
• The City obtained data from the Housing Authority of the County of Los Angeles on the number of Section 8 households assisted by race, ethnicity, age and disability status. The City will compare who is being served to the demographics characteristics of the community. In this way, the City is able to estimate more precisely underserved populations.

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• The City encouraged and supported the efforts of the Housing Authority of the County of Los Angeles to seek additional Section 8 Housing Choice Vouchers. • The City encouraged and supported the efforts of non- profit housing development corporations to seek funding from federal, state and local sources for special needs housing.

Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j) Lead-based paint abatement is encouraged through the use of HOME and CDBG funds. Staff has incorporated procedures in their rehabilitation program which ensure that the potential for lead- based paint hazards will be identified and addressed. Once properties have been deemed eligible for rehabilitation, staff selects a lead -based paint consultant to conduct a Lead- based Paint Evaluation Report prior to the bidding phase of the rehabilitation project. Once the Evaluation Report has been provided by the consultant, copies of the report are included in the bid package to bidding contractors. Based on the results of the tests, contractors include in their bid a work description and cost estimate for abatement either through their own company or an abatement sub-contractor. In addition, the City will continue to work with the County’s Childhood Lead Poisoning Prevention Program to provide information to City residents on lead hazards, lead poisoning prevention, and lead-based paint abatement.

Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j) While the City has no control over the majority of the factors affecting poverty, it may be able to assist those living below the poverty line. The City supports other governmental, private, and non-profit agencies involv ed in providing services to low - and moderate -income residents and coordinates efforts with these groups where possible to allow for more efficient delivery of services.

During the Consolidated Plan period, the City will continue to implement its strategy to help impoverished families achieve economic independence and self -sufficiency. The City's anti - poverty strategy utilizes existing County job training and social service programs to increase employment marketability, household income, and housing options. As funds become available, the City will consider allocating CDBG funds to public service agencies that offer supportive services in the fight against poverty.

Improved employment opportunities are important in reducing the number of people living in poverty. The City addresses this issue by increasing resident's employability through training, and increasing the number of higher paying local jobs. The City will coordinate with Mexican American Opportunity Foundation, Management Career Solutions, West San Gabriel WorkSource, and Asian Youth Center, and Chinatown Service Center in conjunction with the

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Employment Development Department, East Los Angeles Community College, and the County of Los Angeles Community Development Commission. These agencies provide job search services such as workshops, computer classes, phones, fax, computers with internet access, job leads, newspapers, and a resource library for job seekers aged 18 and above. Similarly, employers use some of these agencies to recruit and advert ise job openings as well as for job fairs, bringing together top local companies and job seekers.

During the Consolidated Plan period, the City's Finance Department will foster economic growth by encouraging economic development opportunities that result in:

1. A jobs/housing balance established through quality employment opportunities for residents;

2. An invigorated economic base through increased sales tax generation; and

3. Economic wealth by attracting external monies to the local economy.

As funding availability permits, the City will consider assistance to public agencies and nonprofit organizations providing neighborhood housing services, supportive services to the homeless, older adults with physical or mental impairment, the mentally ill, victims of domes tic violence, and households with abused children, in addition to other services The City will also continue coordinating with public agencies providing job training, life skills training, lead poisoning prevention and remediation, and other community education programs.

Actions taken to develop institutional structure. 91.220(k); 91.320(j) The City’s Finance Department is the key department involved in the 5 year Consolidated Plan and Annual Action Plan process. The Finance Department is responsible for administration of the CDBG and HOME programs, including the Annual Action Plan, CAPER and program monitoring.

Additionally, the City focuses on:
• Strengthening the working relationship with the Housing Authority of the County of Los Angeles by providing input to and coordinating with that organization. Efforts to strengthen the institutional structure involves reviewing the five-year and annual plans of the Housing Authority of the County of Los Angeles, encouraging the Authority to conduct outreach to local landlords, providing information to the Authority on the location of housing suitable for disabled persons, and other similar considerations.

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• Developing a working alliance with private institutions such as local lenders and associations of Realtors. Local lenders may be a source of referrals for applicants to the Residential Rehabilitation Program. Local associations of r ealtors may help the City to develop ways of increasing homeownership among all populations.

Actions taken to enhance coordination between public and private housing and social service agencies. 91.220(k); 91.320(j)
The City has developed an inventory of public and private housing, health and social services agencies. The City regularly updates the inventory and maintains a point of contact for each agency. Additionally, the City obtains the agency -specific 5 -Year Consolidated and 1- Year Annual Action Plans and maintains these plans in a resource binder to facilitate coordination in future program years.

Identify actions taken to overcome the effects of any impediments identified in the jurisdictions analysis of impediments to fair housing choice. 91.520(a) The City completed its Analysis of Impediments in May 2020 which covers the period of 2020– 2024. It is important to note that carrying out this analysis alone is not considered sufficient to constitute fair housing action in and of itself. The City works with the Housing Rights Center to address the impediments indentified in the report.

One of the most common impediments to Fair Housing choice is discrimination towards race and familial status. The HRC uses a diverse pool of skilled testers to investigate complaints. When an investigation is complete, each client is advised of the findings and available legal options.

Referrals are made to the U.S. Department of Housing and Urban Development (HUD) for complaints regarding lending discrimination, to the Department of Justice (DOJ) for class action cases, to the State Department of Fair Employment and Housing (DFEH), Small Claims Court and to private attorneys for other matters as appropriate. HRC follows the desired legal path selected by the Complainant and mediates the situation if requested to do so. Legal training seminars are available to property owners as a means to edu cate them on Fair Housing regulations and requirements.

The City of Monterey Park’s goal is to ensure that all available avenues are maximized to make sure there are fair housing opportunities for all residents within the City.

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CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance of the plan and used to ensure long -term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements
This part describes the City’s compliance with the five monitoring requirements that are contained in 91.230. These requirements include topics such as standards and procedures and ensuring compliance with City housing codes.

1. Standards and Procedures - The City monitors each funded activity to ensure compliance with the CDBG and HOME regulations, national objectives, and subrecipient agreement. The City requires any sub -recipients to execute an agreement with specific performance measures prior to the release of funds. In addition, all records must be maintained for a five -year period. Pursuant to the CDBG contract, progress reports are required to be submitted quarterly and one annual report. Staff conducts periodic site visits to ensure program records are in order and services are being provided in compliance with the sub- recipient agreements. The City further ensures compliance with the Strategic Plan and Action Plan by placing guidelines or conditions in its contracts with consultants that ensure implementation of the annual monitoring goals. All CDBG and HOME funds are disbursed on a reimbursement basis. Invoices must be submitted for payment and must include a description of activities being reimbursed. Audit reports are further required at the close of the year.

2. Monitoring of City’s Performance - The previously described Performance Measurement System will be used to monitor the City’s performance in meeting its goals and objectives as set forth in the Strategic Plan and Action Plan.

3. Ensuring Compliance with Planning and Monitoring Requirements - The City makes every effort to comply with all CDBG, HOME and Consolidated Plan regulations. The Citizen Participation Plan ensures input from the community prior to action to approve or amend the Consolidated Plan or Action Plan. Housing rehabilitation, construction and professional services agreements are prepared to guarantee compliance with applicable CDBG and HOME program regulations. CDBG subrecipient agreements als o contain language consistent with the program regulations. Additionally, the City continues on- site monitoring of CDBG recipients and housing units assisted by HOME funds and subject to affordability covenants.

4. Compliance with Housing Codes and On- Site Inspections - The City has established program guidelines requiring all rental units must meet the City’s Housing Code, Building Code, and Zoning Code.

In order to verify compliance with property standards and the information submitted by owners on tenant’s incomes, rents and other requirements during a project’s period of affordability, the

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City conducts on-site inspections of HOME properties according to the total number of units in a project as follows:
1-4 units every 3 years
5-25 units every 2 years
25 or more units annually

5. Monitoring of Subrecipients - As previously described, the City requires sub- recipients to execute an agreement with specific performance measures prior to the release of funds. In addition, all records must be maintained for a five-year period. Progress reports are required to be submitted quarterly and one annual report. Staff conducts periodic site visits to ensure program records are in order and services are being provided in compliance with the sub- recipient agreements.

Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to comment on performance reports.

The City makes every effort to comply with all CDBG, HOME and Consolidated Plan regulations. The Citizen Participation Plan ensures input from the community prior to action to approve or amend the Consolidated Plan or Action Plan.

The City has made every effort to involve the community in this and every aspect of the CDBG and HOME programs. Public Participation has been encouraged in compliance with the City of Monterey Park Citizen Participation Plan. The CAPER was available to citizens, community groups, and other interested parties for public review and comment for a period of fifteen (15) days. A copy of the notice can be found in Appendix A. No comments were received during the public review/comment period.

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CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives and indications of how the jurisdiction would change its programs as a result of its experiences.

The City did not amend its FY 2023-24 Annual Action Plan.

Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI) grants?
No

[BEDI grantees] Describe accomplishments and program outcomes during the last year.

Not applicable.

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CR-50 - HOME 91.520(d)
Include the results of on-site inspections of affordable rental housing assisted under the program to determine compliance with housing codes and other applicable regulations Please list those projects that should have been inspected on -site this program year based upon the schedule in §92.504(d). Indicate which of these were inspected and a summary of issues that were detected during the inspection. For those that were not inspected, please indicate the reason and how you will remedy the situation.

The City did not conduct the HOME on- site inspections. Currently, the City is creating a list of all HOME projects that are still under the a ffordability period and are therefore required to be inspected. Once the list is created, all properties will be inspected for compliance . Thereafter, a schedule will be created to ensure the inspections are conducted according to HOME regulations.

Provide an assessment of the jurisdiction's affirmative marketing actions for HOME units.

92.351(b)
The City maintains an affirmative marketing approach that consists of steps to provide information and attract eligible persons to available housing without regard to race, color, national origin, sex, religion, family status or disability. The City also uses marketing procedures that inform potential program participants about Federal fair housing laws and equal housing opportunities. Additionally, the City uses special public outreach programs that include its network of community -based organizations, real estate organizations, public service groups and employment centers to solicit applications and inform the public about eligible programs and available assistance.

For all HOME funded rental projects, the City has obtained, reviewed and approved Marketing Plans and Tenant Leases for compliance with HOME Program regulations.

Refer to IDIS reports to describe the amount and use of program income for projects, including the number of projects and owner and tenant characteristics Please review IDIS reports regarding this information.

Describe other actions taken to foster and maintain affordable housing. 91.220(k) (STATES ONLY: Including the coordination of LIHTC with the development of affordable housing).

91.320(j)
Monterey Park's annual CDBG and HOME entitlement allocations are limited. The City's HOME rehabilitation program assist with fostering and maintaining affordable housing to low- and moderate-income individuals and families with their housing needs. Another important

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element in the City’s approach to decent housing is the use of Section 8 Rental Vouchers administered through the County of Los Angeles Housing Authority.

Is there a summary of the efforts to address “worst case needs”, and progress in meeting the needs of persons with disabilities? Worst-case housing needs are defined as low-income renter households who pay more than half of their income for rent, live in seriously substandard housing, which includes homeless people, or have been involuntarily displaced. The needs of persons with disability do not include beds in nursing homes or other service-centered facilities.

Efforts to Address Worst Case Needs - Households with worst -case needs are defined as unassisted renters with incomes below 50 percent of the local median who pay more than half of their income for rent or live in severely substandard housing. The City did not address “worst - case housing” needs during the program year. However, the City referred people to the Los Angeles Housing Authority which provides rental assistance to lower income households in the community.

The Needs of Persons with Disabilities - During 2023-24, the City did not award CDBG funds for the needs of persons with disabilities.

A list of projects that should have been inspected on- site this program year based upon the schedule in §92.504(d)?
The City did not conduct the HOME on- site inspections. Currently, the City is creating a list of all HOME projects that are still under the affordability period and are therefore required to be inspected. Once the list is created, all properties will be inspected for compliance. Thereafter, a schedule will be created to ensure the inspections are conducted according to HOME regulations.

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Appendix A - Proof of Public Notice
To Be Inserted In Final

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Appendix B - Summary of Citizen Participation Comments
To Be Inserted In Final

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Appendix C – IDIS Reports
(PR01, PR03, PR06, PR23, PR26, PR33)
To Be Inserted In Final

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

TO: The Honorable Mayor and City Council
FROM: Jessica Serrano, Community Development Director
SUBJECT: Consideration and possible action to introduce and waive first reading of an Ordinance amending Section 105.3.2 to the Administrative Provisions of the California Building Codes governing time limitations for building permit applications.

RECOMMENDATION:

It is recommended that the City Council consider:

1. Introducing and waiving first reading for an Ordinance amending Section 105.3.2 to the Administrative Provisions of the California Building Standard s Code (as codified at Monterey Park Municipal Code § 16.01.040); and

2. 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 Guidelines §§ 15060(c)(2), 15061(b)(3), 15378, and 15308 exempt activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, activities where there is possibility that it may have a significant effect on the environment, activities that do not constitute a “project” as defined, and actions to protect the environment, respectively. This activity is for general policies and procedure-making that applies to building applications. Any subsequent construction or development will be evaluated separately under the CEQA Guidelines.

Accordingly, this Ordinance is exempt from further CEQA review.

EXECUTIVE SUMMARY:

On November 16, 2022, the City Council adopted the 2022 California Building Standards Code (“CBSC”) that became effective on January 1, 2023. California law allows local governments to amend the CBSC for administrative reasons. Monterey Park Municipal Code (“MPMC”) Title 16, entitled Buildings and Construction, includes § 16.01.040 which codifies administrative sections of the CBSC including, without limitation, Section 105.3.2 which governs the time during which building permit applications are valid.

New Business - 5A

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Staff Report

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October 2, 2024

The draft Ordinance proposes to amend these time limits. This is intended to encourage applicant responsiveness during the plan check process and ensure permits are secured within two years from the application date, including extensions.

BACKGROUND:

Every three years, the State of California adopts new uniform codes that regulate construction and apply to all jurisdictions within California. These are codified in Title 24 of the Code of California Regulations and are commonly referred to as “uniform codes” which includes the CBSC.

CBSC Section 105.3.2 is a part of MPMC § 16.01.040. It governs the time during which an application for a building permit remains valid. Section 23 of Ordinance No. 2224 (which adopted the 2022 CBSC) provides that building permit applications (including building plans) filed before January 1, 2023 would be processed under the 2019 CBSC if a building permit were obtained by April 1, 2023. This Section was intended to ensure all pending applications would either obtain a building permit issued pursuant to the 2019 CBSC or expire by April 1, 2023. When applications expired, any subsequent application would comply with the 2022 CBSC. The City’s permitting software (Accela), however, was never updated to reflect this change.

Accela was originally programmed in 2013 to track permit applications and provide automated updates to applicants regarding the status of those applications. The current programming, based upon the existing language of CBSC Section 105.3.2, allows a permit application to remain valid for 180 days after each submittal by an applicant, i.e., it automatically renews the application if an applicant submits plans or other documents needed for a building permit.

Proposed Ordinance
To ensure that the intent of Ordinance No. 2224 is implemented, the draft Ordinance would amend Section 105.3.2 to make it plain that applicants seeking a building permit must secure it within a total of 24 months (an initial one -year review period with the Building Official being able to extend the validity for up to an additional 12 months for good cause) or refile an application.

To clean up the log of all pending applications, the draft Ordinance provides the following:

• For all active applications processed before January 1, 2024, applicants must obtain building permits by December 31, 2024 (this affects 36 applications). The oldest pending application was filed January 3, 2023.

• For all active applications processed on or after January 1, 2024, the 12 -month time limit, with the possibility of two extensions up to 12 months would apply retroactively (this affects 181 applications).

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Staff Report

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October 2, 2024

This amendment is intended to increase applicant responsiveness during the plan check process and ensure permits are secured within a total of 24 months from the application date, including extensions. Additional changes to the City’s permitting system, Accela, will ensure that this amendment is properly implemented.

2024-25 STRATEGIC PLAN GOAL:

The proposed Ordinance meets the 2024-25 Strategic Plan Goal to “Strengthen our local economy and enhance housing opportunities” by enhancing the effectiveness of the City’s building application process that facilitates construction projects that positively contribute to the beautification and economic growth of the City.

FISCAL IMPACT:

There are no identifiable fiscal impacts associated with adopting the Ordinance (other than administrative costs associated with codifying the Ordinance and reprogramming Accela).

Respectfully submitted by: Prepared by:

Jessica Serrano
Director of Community
Development

Dennis Tarango
Building Official

Approved by:

Reviewed by:

Inez Alvarez
City Manager
Karl H. Berger
City Attorney

ATTACHMENTS:

1. Ordinance No. _____ amending the Monterey Park Municipal Code, Title 16 Buildings and Construction, § 16.01.040 Administrative Provisions regarding time limits that apply to applications

2. Notice of Exemption

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Staff Report
October 2, 2024

ATTACHMENT 1
Ordinance No. _____ Amending the Monterey
Park Municipal Code, Title 16 Buildings and
Construction, § 16.01.040 Administrative
Provisions

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ORDINANCE NO. ____

AN ORDINANCE AMENDING SECTION 105.3.2 OF THE

ADMINISTRATIVE PROVISIONS OF THE CALIFORNIA BUILDING CODE

AS CODIFIED IN MONTEREY PARK MUNICIPAL CODE SECTION

16.01.040 GOVERNING THE TIME DURING WHICH A BUILDING PERMIT APPLICATION IS VALID.

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

SECTION 1: Section 105.3.2 to the Administrative Provisions of the California Building Standards Code, as codified in MPMC § 16.01.040, is amended in its entirety to read as follows:

“105.3.2 Expiration of Plan Check Applications. Except as provided in this Section, plan check applications expire 12 calendar months after being filed. After a plan check application expires, a new application must be filed.

Applications are not complete unless accompanied with full payment of fees established by city council resolution.

Upon the written request of the applicant, and upon good cause shown, the Building Official(s) may grant up to two separate extensions for a plan check application. A request for a time extension must be filed not later than 15 calendar days before the application expires and be accompanied with payment of fees established by city council resolution. For each request, the Building Official(s) may extend the expiration date for a plan check application up to 180 days. Under all circumstances a plan check application expires 24 months after being filed.

The Building Official(s) must issue a building permit within 12 calendar months after a plan check application is filed or within the extended time granted by the Building Official(s) in accordance with this Section. After 24 months, a new application for a building permit must be filed in accordance with this code.”

SECTION 2: Retroactivity. The City Council recognizes that California law, including, without limitation, Melton v. City of San Pablo (1967) 252 Cal.App.2d 794 and In re Cindy B. v. Eugene B. (1987) 192 Cal.App.3d 771, allows ordinances to be retroactively applied when the legislative intent for such retroactivity is clear. The City Council intends that this Ordinance retroactively apply to pending building permit applications as follows:

A. For building permit applications filed before January 1, 2024, a building permit must be obtained not later than December 31, 2024. Notwithstanding the MPMC, as it existed before or after this Ordinance, if a building permit is not obtained by December 31, 2024, the application will expire for all purposes and may not be extended. A new application must then be filed in accordance with the MPMC.

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B. For building permit applications filed after January 1, 2024, Section 105.3.2 as amended by this Ordinance governs the time limitations, i.e., the initial term of 12 months will extend from the date of the application (even if it was filed before the effective date of this Ordinance) and may be extended twice.

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

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

SECTION 5: Enforceability. Repeal of any provision of the Monterey Park Municipal Code does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.

SECTION 6: Validity of Previous Code Sections. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the MPMC or other city ordinance by this Ordinance will be rendered void and cause such previous MPMC provision or other the ci ty ordinance to remain in full force and effect for all purposes.

SECTION 7: Environmental Assessment. The City Council finds that adoption of this Ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the “State CEQA Guidelines”) because it consists only of minor revisions and clarifications to an existing code of construction-related regulations and specification of procedures related thereto and will not have the effect of deleting or substantially changing any regulatory standards or findings required therefor, and therefore does not have the potential to cause significant effects on the environment. In addition, this ordinance is an action being taken for enhanced protection of the environment and is exempt from further review under CEQA Guidelines § 15308.

SECTION 8: Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the city council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable.

SECTION 9: Publication. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Monterey Park’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and,

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within 15 days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.

SECTION 10: Effective Date. This Ordinance will become effective 30 days after adoption.

SECTION 11: Filing with Building Standards Commission. The City Clerk must file a certified copy of this Ordinance with the California Building Standards Commission.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Monterey Park, held on the ____ day of ______, 2024.

Thomas Wong, Mayor

ATTEST:

______________________________
Maychelle Yee, City Clerk

APPROVED AS TO FORM:

______________________________
Karl H. Berger, City Attorney

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Staff Report
October 2, 2024

ATTACHMENT 2
Notice of Exemption

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Statutory Exemptions. State code number:

_______________________________________________
Print Form
Notice of Exemption Appendix E
From: (Public Agency): ____________________________
To: Office of Planning and Research
P.O. Box 3044, Room 113 _______________________________________________Sacramento, CA 95812-3044 County Clerk
(Address)
___________________________
___________________________
County of: __________________
Project Title: ____________________________________________________________________________ Project Applicant: ________________________________________________________________________ Project Location - Specific:

Project Location - City: ______________________ Project Location - County:

Description of Nature, Purpose and Beneficiaries of Project:
_____________________
Name of Public Agency Approving Project: _____________________________________________________ Name of Person or Agency Carrying Out Project: ________________________________________________ Exempt Status: (check one):

Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Reasons why project is exempt:

Lead Agency
Contact Person: ____________________________
Area Code/Telephone/Extension: _______________
If filed by applicant:

1. Attach certified document of exemption finding.

2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No
Signature: ____________________________ Date:

Signed by Lead Agency
Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR:

Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. _______________
Categorical Exemption. State type and section number: ____________________________________ ______________________________________________
______________ Title: _______________________
Revised 2011

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RESOLUTION NO.

A RESO

LUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY
PARK, CALIFORNIA, SUPPORTING PROPOSITION 2: THE
KINDERGARTEN THROUGH GRADE 12 SCHOOLS AND LOCAL

COMMUNITY COLLEGE PUBLIC EDUCATION FACILITIES
MODERNIZATION, REPAIR, AND SAFETY BOND ACT OF 2024
BE
IT RESOLVED by the Council of the City of Monterey Park as follows:

SECTI
ON 1: The City Council finds as follows:

A. The Cal
ifornia Constitution finds public education is a State responsibility in Article IX, Section 5.

B. The St
ate of California lacks a permanent funding stream that is dedicated to the repair and maintenance of school facilities. Because of this, many school facilities rely on one-time state and local bonds for new funds.

C. Unf
ortunately, California is out of school facility program funds and cannot provide the State match for almost $3.5 billion in projects that qualify for state aid.

D. The Ci
ty of Monterey Park is home to the Alhambra, Garvey, Los Angeles , and Montebello school districts as well as the Los Angeles Community College District which services 11 public schools. Several million dollars have been cumulatively identified by each district for building and facility improvements which may be partially funded by State bonds.

E. Ac
cording to the Public Policy Institute of California, 38 % of students attended schools that did not meet minimum facility standards in the 2018-2019 academic year. About 30% of school facilities in California were also built more than 50 years ago and 10% were constructed more than 70 years ago.

F. Pro
position 2, the Kindergarten Through Grade 12 Schools and Local Community College Public Education Facilities Modernization, Repair, and Safety Bond Act of 2024, provides for renovation of aging schools, upgrade of existing classrooms, construction of new classrooms to accommodate growth, Career Technical Education facilities to provide job training to meet the workforce needs of California employers, testing and remediation of lead levels in water at school sites, disaster assistance, replacement of 75- year-old buildings, adding essential facilities like libraries and multipurpose rooms, mitigating the effects of higher average temperatures, and assistance for small and low-wealth school districts.

G. School
districts need state financial support to implement new mandates and initiatives such as universal Transitional Kindergarten, Expanded Learning, on-site cooking and meal preparation, later secondary school start times, and solar power generation and storage.

October 2, 2024
City Communications - 6A

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H. Q uality 21st Century school facilities designed for today’s and tomorrow’s students enhance academic achievement and further the State’s academic goals. Research from the California Department of Education has found that students who attend school facilities in good condition have been shown to generally have higher academic achievement, increased attendance, and fewer suspensions.

I. Proposition 2, the Kindergarten Through Grade 12 Schools and Local Community College Public Education Facilities Modernization, Repair, and Safety Bond Act of 2024, will not raise State taxes and may reduce the need for additional local property taxes for school facilities. In addition, Proposition 2 will enhance public accountability and transparency for the use of its proceeds.

J. The City of Monterey Park and Monterey Park City Council fosters literacy and academic achievement for all community members and strongly supports Proposition 2, the Kindergarten Through Grade 12 Schools and Local Community College Public Education Facilities Modernization, Repair, and Safety Bond Act of 2024.

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

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

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

PASSED AND ADOPTED this 2nd day of October 2024.

________________________________
Thomas Wong, Mayor

Attest:

__________________________
Maychelle Yee, City Clerk

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RESOLUTION NO.

A RESO

LUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY
PARK, CALIFORNIA, DECLARING AND RECOGNIZING OCTOBER 9,
2024, AS NATIONAL WALK & ROLL TO SCHOOL DAY
BE
IT RESOLVED by the Council of the City of Monterey Park as follows:

SECTI
ON 1: The City Council finds as follows:

A. Nat
ional Walk & Roll to School Day is on October 9, 2024, and is an annual event that involves communities from across the country walking and rolling to school on the same day.

B. Cel
ebrating its 28th year, National Walk & Roll to School Day is an impactful event that raises awareness on making walking and biking safer for children and youth and supporting Vision Zero initiatives. Vision Zero aims to eliminate traffic fatalities and severe injuries among all road users while increasing safe, healthy, and equitable mobility.

C. Ac
cording to the National Highway and Traffic Safety Administration (NHTSA), 188 child pedestrians were killed in traffic crashes in 2022 and there was an estimated number of 6,946 child pedestrians injured in traffic crashes. Many of these tragedies could have been prevented by taking proactive and preventative approaches to prioritize traffic safety as a public health issue.

D. Nat
ional Walk & Roll to School Day encourages more than just safety for children and youth. National Walk & Roll to School Day promotes healthier habits, active lifestyles, and a cleaner environment.

E. Ac
tive trips to school enable children to incorporate the regular physical activity they need each day while also forming healthy habits that can last a lifetime. In addition, by walking or biking to school, individuals and families can reduce the amount of air pollutants emitted by automobiles.

F. The Ci
ty of Monterey Park is home to the Alhambra, Garvey, Los Angeles, and Montebello school districts. Fifteen (15) schools are within Monterey Park city limits and there are more than 8,300 students enrolled in preschool through grade 12.

G. The Ci
ty of Monterey Park encourages all families, children, and youth to partake in a National Walk & Roll to School Day event by safely walking, biking, or rolling to school on October 9, 2024. Additional resources, pedestrian safety tips, and information can be found on The National Center for Safe Routes to School website at: https://www.walkbiketoschool.org/.

H. In early October. Monterey Park Police Department’s Traffic Bureau will coordinate with select schools to provide a safe route to school and provide a briefing to all October 2, 2024
City Communications - 6B

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the participating students, parents, and staff with the goal of establishing safe walk or bike to school practices the students and parents will use year-round.

I. The City of Monterey Park supports pedestrian safety and reminds everyone to always use sidewalks when available and watch for cars coming from side streets and driveways. The City of Monterey Park would also like to remind drivers to be fully aware of children on the streets around school arrival and dismissal times.

J. The Monterey Park City Council hereby declares and recognizes October 9, 2024, as National Walk & Roll to School Day.

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

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

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

PASSED AND ADOPTED this 2nd day of October 2024.

________________________________
Thomas Wong, Mayor

Attest:

__________________________
Maychelle Yee, City Clerk

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