Agenda — Monterey Park City Council, November 6, 2024 (part 1 of 3)

CI TY COUNCIL OF MONTEREY PARK

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

REDEVELOPMENT AGENCY, THE HOUSING AUTHORITY, THE MONTEREY PARK FINANCING

AUTHORITY AND THE MONTEREY PARK GEOLOGIC HAZARD ABATEMENT DISTRICT AGENDA

REGULAR CITY COUNCIL MEETING

MONTEREY PARK CITY HALL COUNCIL CHAMBERS
320 W. NEWMARK AVENUE, MONTEREY PARK, CA 91754
W
ednesday
November 6, 2024
6:30 p.m.

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

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

UBLIC PARTICIPATION
You may speak up to 5 minutes on an/each Agenda item. You may combine up to 2 minutes of time with another person’s speaking. No person may speak more than a total of 10 minutes. The Mayor and City Council may change the amount of time allowed for speakers. Written Communication will be accepted up to 24 hours before the meeting via email to [email protected] or by completing an online form at www.montereypark.ca.gov/writtencomm.

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

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

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

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M onterey Park City Council Agenda, November 6, 2024 - Page 2 CALL TO ORDER Mayor
FLAG SALUTE The Monterey Park Fire Explorer
ROLL CALL Henry Lo, Vinh Ngo, Jose Sanchez, Thomas Wong, Yvonne Yiu A

GENDA ADDITIONS, DELETIONS, CHANGES AND ADOPTIONS
P

UBLIC COMMUNICATIONS
S
TAFF COMMUNICATIONS:
• City Manager’s Office
• Community Development
• Library
• Police
• Recreation and Community Services
[1.] PRESENTATION
1 -A. DENISE JARAMILLO, SUPERINTENDENT OF ALHAMBRA UNIFIED SCHOOL DISTRICT – 2024 LOS ANGELES COUNTY SUPERINTENDENT OF THE YEAR AWARD 1-B. WARE ENTERP RISES: UPDATES REGARDING SOLID WASTE SERVICES AND

IMPLEMENTATION
[2.] OLD BUSINESS – None.
[3.] CONSENT CALENDAR ITEM NOS. 3A-3G
A
ll items under the Consent Calendar are considered by the City Council to be routine and will be enacted by one motion. Specific items may be removed from the Consent Calendar at the request of any member of the City Council for separate consideration. 3-A. MINUTES
It is recommended that the City Council consider:
(1) Approving the minutes from the regular meetings of June 5, 2024, July 17, 2024, August 21, 2024 and September 4, 2024, the special meetings of June 18, 2024, July 17, 2024, August 5, 2024 at 5:30 p.m., August 5, 2024 at 6:30 p.m., August 12, 2024, August 21, 2024 and September 4, 2024 and the special community meeting of July 24, 2024 and September 9, 2024; and
(2) Taking such additional, related, action that may be desirable. 2 of 637
Monterey Park City Council Agenda, November 6, 2024 - Page 3

3-B. WAIVE FURTHER READING AND ADOPT ORDINANCE FOR DEVELOPMENT AGREEMENT (DA-24-01) A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY

OF MONTEREY PARK AND ATLANTIC SQUARE, LLC (TRC) TO FACILITATE

IMPROVEMENTS ON AND ADJACENT TO THE ATLANTIC SQUARE SHOPPING CENTER LOCATED AT 2100 SOUTH ATLANTIC BOULEVARD; TA ACTIVATE THE BUSINESS RECOVERY DEVELOPMENT AGREEMENT ZONE (“BRDZ”) IN MONTEREY PARK MUNICIPAL CODE CHAPTER 21.45; AND TO AMEND THE ZONE MAP (ZA-24-02) It is recommended that the City Council consider:
(1) Waiving the second reading and adopting the proposed ordinance DA -24-01 and amending the zoning map (ZA-24-02); and
(2) Taking such additional, related, action that may be desirable.

3-C. RECEIVE AND FILE THE MONTEREY PARK BUSINESS IMPROVEMENT DISTRICT NO. 1 (BID) 2024 ANNUAL REPORT AND APPROVE THE PROPOSED BID ASSESSMENT AND BUDGET FOR THE 2025 PROGRAM YEAR
It is recommended that the City Council consider:
(1) Receiving and filing the 2024 Annual Report with the City Clerk; (2) Approving the proposed BID assessment and budget for the 2025 program year; and (3) Taking such additional, related, action that may be desirable.

3-D. 2024 CURB RAMP IMPROVEMENTS – AWARD OF PUBLIC WORKS CONTRACT TO ONYX PAVING COMPANY, INC.

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 Onyx Paving Company, Inc. in the contract amount of $169,000 for the 2024 Curb Ramp Improvements Project;
(2) Authorizing the Director of Public Works to approve change orders not to exceed $17,000 over the total contract amount; and
(3) 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.

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Monterey Park City Council Agenda, November 6, 2024 - Page 4

3-E. APPROVAL OF CHANGE ORDER NO. 19 TO J.R. FILANC AGREEMENT FOR EXTENDED

OVERHEAD COSTS TO THE CENTRALIZED GROUNDWATER TREATMENT SYSTEM It is recommended that the City Council consider:
(1) Approving Change Order No. 19 to Agreement No. 1954-A with J.R. Filanc Construction Company, Inc. for the extended overhead costs; 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 §§ 15301 and 15302 exempt this matter from further environmental review as the proposed action would result in a minor alteration of an existing public structures involving no expansion of use located on the same site with substantially the same purpose and capacity. The proposed work will occur entirely within an existing structure.

Accordingly, no further environmental review is required.

3-F. NOTICE OF COMPLETION – VARIOUS PROJECTS
It is recommended that the City Council consider:
(1) Receiving and filing the Notice of Completion recorded by the Public Works Director on August 28, 2024, accepting the CIPP Lining at Various Locations Project completed by Southwest Pipeline and Trenchless Corp;
(2) Receiving and filing the Notice of Completion recorded by the Public Works Director on October 2, 2024, accepting the 2024 Sewer Manhole Rehabilitation project completed by Sancon Technologies, Inc.;
(3) Taking such additional, related, action that may be desirable.

3-G. SPIRIT BUS PILOT PROGRAM
It is recommended that the City Council consider:
(1) Authorizing the City Manager to execute an agreement with Nomad Transit, LLC, a wholly owned subsidiary of Via Transportation, Inc., without the need for competitive bidding, in a form approved by the City Attorney, for on-demand transit services for an amount not- to-exceed $573,689;
(2) Authorizing the City Manager to execute an Amendment with First Transit, in a form approved by the City Attorney, for fixed -route transit services for an annual amount not - to-exceed $2,064,537 for services through December 31, 2025; (3) Approving an additional appropriation of $123,946 from Prop A funds to the FY 2024 -25 budget for services through June 30, 2025; and
(4) Taking such additional, related, action that may be desirable.

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Monterey Park City Council Agenda, November 6, 2024 - Page 5

[4.] PUBLIC HEARING

4-A. CONSIDERATION AND POSSIBLE ACTION TO ADOPT REGULATIONS GOVERNING DATA CENTERS WITHIN SATURN PARK IN ACCORDANCE WITH SECTION 3(A) OF ORDINANCE NO. 2198 (ADOPTED BY VOTERS AS MEASURE JJ ON NOVEMBER 3, 2020).

It is recommended that the City Council consider:
(1) Opening the public hearing and taking testimonial and documentary evidence; (2) After closing the public hearing and considering the evidence submitted during that public hearing:
a. Adopting an Urgency Ordinance (Attachment 1) upon 4/5 vote pursuant to Government Code § 65858
amending Monterey Park Municipal Code
(“MPMC”) Chapter 21.14 to add regulations governing data centers in accordance with Section 3(A) of Ordinance No. 2198 (adopted by voters as Measure JJ on November 3, 2020);
b. Introducing and waiving first reading of Ordinance No. _____ (ZCA-24-02) (Attachment 2) amending Monterey Park Municipal Code (“MPMC”) Chapter 21.14 to add regulations governing data centers in accordance with Section 3(A) of Ordinance No. 2198 (adopted by voters as Measure JJ on November 3, 2020); and
c. Adopting Resolution No. _____ (Attachment 3) adopting design guidelines for data centers in accordance with MPMC Chapter 21.14; and

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

CEQA (California Environmental Quality Act):

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 reviewed the environmental impacts of the proposed regulations and found and determined that this ordinance is not subject to further review under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq.; “CEQA”) for the following reasons: (1) it will not result in a direct or reasonably foreseeable indirect physical change in the environment (14 Cal. Code Regs. § 15060(c)(2); (2) there is no possibility that the ordinance may have a significant effect on the environment (14 Cal. Code Regs. § 15061(b)(3); and (3) the ordinance, by itself, does not constitute a “project” as defined in the CEQA Guidelines (14 Cal.

Code Regs. § 15378).

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Monterey Park City Council Agenda, November 6, 2024 - Page 6

[5.] NEW BUSINESS

5-A. CONSIDERATION AND POSSIBLE ACTION TO INTRODUCE AND WAIVE FIRST

READING OF AN ORDINANCE SETTING SPEED LIMITS BASED UPON CERTIFICATION OF THE 2017 ENGINEERING AND TRAFFIC SURVEY FOR SPEED LIMITS EFFECTIVE THROUGH OCTOBER 2031 AND THE 2024 ENGINEERING AND TRA FFIC SURVEY OF 26 LOCATIONS FOR SPEED LIMITS THROUGH OCTOBER 2038
It is recommended that the City Council consider:
(1) Introducing and waiving first reading for an Ordinance setting speed limits throughout the City; and
(2) Taking such additional, related, action that may be desirable.

CEQA (California Environmental Quality Act):

This Ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the “CEQA Guidelines”) because it consists only of minor revisions and clarifications to an existing code of speed control regulations established in accordance with California law and will not have the effect of deleting or substantially changing any regulatory standards or findings. This Ordinance, therefore, is an action being taken for enhanced protection of the environment and that does not have the potential to cause significant effects on the environment. Consequently, it is categorically exempt in accordance with CEQA Guidelines §§ 15301 as a minor alteration of existing public or private structures involving no expansion of use; 15305 as a minor alteration in land use limitations which do not result in any changes in land use or density; and 15308 as an action taken by a regulatory agency as authorized by California law to assure maintenance or protection of the environment.

[6.] CITY COMMUNICATIONS (CITY COUNCIL)

6-A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY PARK, CALIFORNIA, DECLARING AND RECOGNIZING NOVEMBER 2024 AS NATIVE AMERICAN HERITAGE MONTH – REQUESTED BY COUNCIL MEMBER SANCHEZ
It is recommended that the City Council consider:
(1) Adopting a Resolution declaring and recognizing November 2024 as Native American Heritage Month
(2) Taking such additional, related, action that may be desirable.

[7.] FUTURE AGENDA ITEMS

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

ADJOURN
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City Council Staff Report
DATE: November 6, 2024
AGENDA ITEM NO: Consent Calendar - 3A
TO: The Hon
orable Mayor and City Council
FROM: Maychelle Yee, City Clerk
SUBJECT: Minutes
RECOMM
ENDATION:

It is
recommended that the City Council consider:

1. Approving the minutes from the regular meetings of June 5, 2024, July 17, 2024, August 21, 2024 and September 4, 2024, the special meetings of June 18, 2024, July 17, 2024, August 5, 2024 at 5:30 p.m., August 5, 2024 at 6:30 p. m., August 12, 2024, August 21, 2024 and September 4, 2024 and the special community meeting of July 24, 2024 and September 9, 2024; and

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

EXECUTI
VE SUMMARY:

None.

BACKGROUND:

None.

FISCAL
IMPACT:

None.

Respectfully submitted by: Prepared by:

Maychelle Yee
City Clerk
Michelle Martinez
Office Assistant II
Approved by:

Inez Alvarez
City Manager

ATTACHME
NT(S):

1. Draft Minutes
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Staff Report
November 6, 2024
AT
TACHMENT 1
Draft Minutes
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MISSION STATEMENT
The mission of the City of Monterey Park is to provide excellent service, foster growth and opportunity, and create a joyous and collaborative environment.

MINUTES

MONTEREY PARK CITY COUNCIL

FINANCING AUTHORITY (MPFA)

HOUSING AUTHORITY (MPHA)

GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD)

SUCCESSOR AGENCY (SA)

REGULAR MEETING
JUNE 5, 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 Regular Meeting of the Council in the Council Chamber, located at 320 West Newmark Avenue in the City of Monterey Par k, Wednesday, June 5, 2024, at 6:30 p.m.

CALL TO ORDER:

Mayor Wong called the meeting to order at 6:33 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, Assistant City Attorney Tim Campen, Director of Finance Martha Garcia, Director of Human Resources and Risk Management Christine Tomikawa, Director of Community Development Jessica Serrano, Director of Recreation and Community Services Robert Aguirre, City Librarian Kristin Olivarez, Director of Public Works Shawn Igoe, Police Captain Gus Jimenez, Finance Services Manager Laura Borjon, Public Works Manager Chris Reyes, Economic Development Project Manager Joseph Torres, Senior Librarian Lauren Fraizer, Deputy City Clerk Cindy Trang

VIRTUALLY PRESENT: None.

AGENDA ADDITIONS, DELETIONS, CHANGES AND ADOPTIONS: None.

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June 5, 2024

PUBLIC COMMUNICATIONS
- Nathaneal Hernandez, member of the Boys and Girls Club of West San Gabriel Valley, provided a brief history and achievements of the Monterey Park Club and encouraged the City Council to consider adopting a resolution recognizing National
Boys and Girls Club Week, June 24 through June 28, 2024. - Camilla Chan, a member of the Girl Sc outs , spoke of her achievement for completing her Gold Award Project which entailed hosting workshops to promote buildi
ng more united communities and respecting cultural differences. - Joseph Leon, City’s representative on the San Gabriel Valley Mosquitos Control District
, spoke about services provided by the District and tips for abatement of mosquitos.
- William
Tang encouraged the City Council to keep the B arnes Park tennis court #3
reserved for tennis play.
- Ja ne Lee said she is part of the retirees that play tennis at B arnes Park. She spoke of the importance of the sport and expressed frustration of the conduct of a recent
Recreation and Parks Commission meeting.

AFF COMMUNICATIONS
- Libr
ary: Senior Librarian Frazier presented a PowerPoint presentation on upcoming community events including Summer Reading Program and Community Reads, Teen Programming and Life Skills Workshops, Children’s Programming and Activities, and clos ed with the Pride Author Talk event with Marsha and Aiden Aizumi on June 8.
- Po
lice Department: Police Captain Jimemez presented a PowerPoint presentation on programs sponsor by the Community Engagement Bureau which includes Business Watch Meetings, Citizen’s Academy, Explorer Post Number 300, and Neighborhood Watch Groups. He spoke of the commemoration of Officer George Elder Memorial Day on June 9, 2024.
- Rec
reation and Community Services: Recreation and Community Services Director Aguirre provided the department updates through a PowerPoint presentation showcasing the MPK art project which was completed by the community at the Pride Parade & Festival on June 1. He spoke about the Summer Lunches program, the Kidventure Summer Camp, summer pool schedule, Movies in the Park schedule, and the Independence Day Celebration on June 29, 2024.
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June 5, 2024

1. PR ESENTATION
The matters listed under presentation are informational content and for discussion only.

1-A. ANNOUNCEMENT OF FUNDING FOR FIRE STATION 61

City Manager Alvarez said that staff will be showing a short video from Senator Alex Padilla announcing the allocation of federal funding for the design and remodeling of Fire Station 61.

1-B. DEVELOPMENT PRESENTATION

Economic Development Project Manager Torres presented a PowerPoint presentation o n the development process of projects from entitlement to completion. He provided the status of several developments throughout the City.

2. O

LD BUSINESS

2-A. UPDATE REGARDING THE SATURN PARK ADVISORY AND

RECOMMENDATION COMMITTEE (SPARC) AND NEXT STEPS

On May 22, 2024, the City Council created the SPARC ad hoc committee. The SPARC is led by the Mayor and the Mayor pro tem who are authorized to appoint individuals to the SPARC to consider the future development of Saturn Park.

The Mayor and Mayor pro tem met on May 29
th to identify potential committee
members. Individuals will be contacted in the next few days to see if they are able to serve on the SPARC.

The ad hoc committee also discussed the potential for a moratorium on new development within Saturn Park during the time period that the SPARC considers options. There are inquiries currently pending with the City for new businesses at existing location based upon the current zoning regulations. If directed by the City Council, the City Manager and City Attorney would prepare documents for the next City Council meeting in June to consider whether a moratorium temporarily pausing new land use applications should be adopted. Any such moratorium would require a 4/5 vote of the City Council; would place an initial 45 day hold on land use applications; and may be subsequently extended for 10 months and 15 days (there is also the possibility for a subsequent extension of one year).

It is anticipated that the SPARC would have four total meetings and would wrap up consideration of new land uses in late August or September. Any recommendations from the SPARC would then be brought to the City Council pursuant to Monterey Park Municipal Code § 2.56.020(c).

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Public Speaker:

- Maychelle Yee speaking as a resident, said she was not selected to serve on the committee and requested the City Council to announce the members of the committee.

Discussion: Mayor Wong announced that he and the Mayor Pro Tem have not finalized the list of potential committee members yet.

Action Taken: The City Council received and filed the staff report; and directed the City Manager and City Attorney to prepare documents needed to consider adopting a moratorium for development in Saturn Park during the time that the SPARC considers land use regulations.

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. CO
NSENT 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, 3B, and 3E on Consent Calendar, excluding Item Nos. 3C, 3D, and 3F which were pulled for separate discussion, reading resolutions and ordinances by the title only and waiving further reading thereof. Mayor Wong mentioned a clerical error on the March 6, 2024 minutes.

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

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

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

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June 5, 2024
3-A. MINUTES

Approving the minutes from the regular and special meetings of March 6, 2024.

Action Taken: The City Council approved the minutes from the regular and special meetings of March 6, 2024 as amended to correct a clerical error that Mayor Wong not Mayor Sanchez called the meeting to order on the March 6, 2024 special meeting minutes, on Consent Calendar.

3-B. CONSIDERATION AND POSSIBLE ACTION TO DIRECT THE CITY CLERK TO PERFORM THE BIENNIAL REVIEW OF THE CITY’S CONFLICT OF INTEREST CODE

Pursuant to the Political Reform Act, Government Code § 81000, et seq., every local agency is required to review its Conflict of Interest Code (COI) biennially to determine if the Code is accurate or in need of amendment. The COI contains a list of designated officials who must disclose their financial holdings. If positions or titles changed in the local agency’s organization, then the legislative body must amend the COI before October 1, 2024.

Action Taken: The City Counc il directed the City Clerk to perform the biennial review of the City’s Conflict of Interest Code and report back before October 1, 2024, on Consent Calendar.

3-C. PROFESSIONAL SERVICES AMENDMENTS FOR COMMUNITY

DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIPS

PROGRAM SERVICES

On January 18, 2017, City Council authorized the City Manager to enter into a 3- year professional services agreement from February 1, 2017, to February 1, 2020, with Priscila Davila & Associates and with HP Housing Programs. On December 19, 2019, City Council authorized the City Manager to execute a first amendment to extend the term to February 1, 2021 for both Priscila Davila & Associates and for HP Housing Programs agreements. On December 16, 2020 City Council authorized the City Manager to execute a second amendment to further extend the term of both agreements to June 30, 2024. The City requests authorizing the City Manager to execute a third amendment for both agreements with Priscila Davila & Associates and HP Housing Programs to extend the term by an additional three- years to June 30, 2027.

Public Speakers
:

- Priscilla Davila, Owner/Principal of Priscilla Davila & Associates Inc., and Debbie Sottek Principal of JEDA Works DBA Housing Programs, both virtually present, were available for questions.

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June 5, 2024
Action Taken: The City Council a uthorized the City Manager to execute an amendment to professional services agreement in a form approved by the City Attorney, to provide Community Development Block Grant (CDBG) and Home Improvement Investment Partnerships Program (HOME) services with Priscila Davila & Associates for an amount not to exceed $285,545 and HP Housing Programs for an amount not to exceed $345,000 over a 3-year period.

Motion: Moved by Council Member Lo and seconded by Mayor Pro Tem Ngo, 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. AUTHORIZE THE CITY MANAGER TO AMEND AGREEMENT NO. 1718-A AND

EXTEND THE TERM FOR AN ADDITIONAL FIVE YEARS WITH WORLD

JOURNAL LA, LLC, TO BE THE CO -PRODUCER OF THE MONTEREY PARK

LUNAR NEW YEAR FESTIVAL

City staff has been happy with World Journal's performance since 2012 and recommends an amendment to the agreement to extend the term for an additional five years. If approved, the amendment would give World Journal adequate time to plan for the 2025 event and enable them to leverage the agreement's term to secure sponsors and vendors for the next five years.

Public Speakers
:

- Amy Lee, resident, expressed concerns on whether the City is receiv ing the amount it is entitle d to and urged the City Council to reevaluate increasing the percentage in recovery costs.

- Dale Li and Allan Liu, World Journal Event Planning and Digital Department Coordinators, were available for questions.

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June 5, 2024
Recommendation: It is recommended that the City Council consider: (1) Authorizing the City Manager to amend agreement no. 1718-A and extend the term for an additional five-year term in a form approved by the City Attorney, with World Journal LA, LLC to co -produce the Monterey Park Lunar New Year Festival on dates to be determined by the City; and (2) taking such additional, related, action that may be desirable.

Discussion: By consensus, the City Council directed staff to work with World Journal to renegotiat e the recovery amount of $7500 under Section 2.2 of the contract and bring back to the City Council for consideration at a future meeting date.

3-E. AUTHORIZE PURCHASE OF A CASE 580SN BACKHOE LOADER

The Public Works Director seeks City Council approval for the purchase of a backhoe loader due to the increased need for the equipment. The 2024 CASE 580SN Backhoe Loader is the most suitable equipment for use in day -to-day operations by the Street and Park maintenance divisions. This equipment may be purchased via Sonsray Machinery which was identified through a Sourcewell contract. The total cost for the backhoe loader is $173,969.61, including applicable taxes and fees.

Action Taken: The City Council waived the bidding requirements pursuant to Monterey Park Municipal Code Section 3.20.050(3) and (4), and authorized the City Manager to purchase a 2024 CASE 580SN backhoe loader from Sonsray Machinery at the cost of $173,969.61, on Consent Calendar.

3-F. PURCHASE OF AN EV FORD E-TRANSIT 350 AERIAL LIFT VEHICLE

The Public Works Facilities Maintenance Division is proposing to replace a utility vehicle that has exceeded its service life for daily use with a Ford E -Transit 350 Aerial Lift vehicle. Staff is recommending purchase of the replacement truck through RUSH Truck Center. RUSH is the exclusive authorized dealer in the United States to supply this vehicle in either gas or EV non-emission versions.

Action Taken: The City Council w aived bidding requirements pursuant to Monterey Park Municipal Code § 3.20.050 (4) and purchased of a California HVIP qualified Ford E-Transit 350 Aerial Lift vehicle.

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Motion: Moved by Council Member Sanchez and seconded by Mayor Pro Tem Ngo, 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

4. P UBLIC HEARING

4-A. THE CITY MUST CONDUCT A PUBLIC HEARING TO CONSIDER RENEWING ASSESSMENTS FOR THE CITYWIDE MAINTENANCE DISTRICT NO. 93 -1 FOR FISCAL YEAR 2024 -25 PURSUANT TO STREETS AND HIGHWAYS CODE §§ 22500, ET SEQ.

In 1993 the City formed a citywide benefit assessment district to finance the operation and maintenance of public street lighting and landscaping.

The district was renewed each of the past 31 years and must be renewed for the 2024-25 fiscal year in order for the City to continue collecting assessments. The City started the process to renew its Citywide Maintenance District No. 93-1 for the 2024-25 fiscal year at its May 1, 2024, meeting. At that time, the City Council approved the Engineer's Report; adopted the Resolution of Intention (Resolution No. 2024-R28) and scheduled the required public hearing for June 5, 2024.

CEQA (California Environmental Quality Act):

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

Action Taken: The City Council opened the public hearing and receive d documentary and testimonial evidence at 9:09 p.m.; there being no speakers for this item, closed the public hearing at 9:09 p.m. and adopted Resolution No. 2024- R38 authorizing the levy and collection of assessments for Fiscal Year 2024-25 in Citywide Maintenance District No. 93-1 pursuant to Streets and Highways Code § 22587.

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Motion: Moved by Mayor Pro Tem Ngo 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

Resolution No. 2024-R38

A RESOLUTION AUTHORIZING THE LEVY AND COLLECTION OF
ASSESSMENTS FOR FISCAL YEAR 2024 -25 IN CITYWIDE MAINTENANCE DISTRICT NO. 93-1 PURSUANT TO STREETS AND HIGHWAYS CODE § 22587

5. NE

W BUSINES S

5-A. RESOLUTIONS FOR NOVEMBER 5, 2024 GENERAL MUNICIPAL ELECTION

The general municipal election is scheduled for Tuesday, November 5, 2024 for the purpose of electing three members of the City Council for District Nos. 2, 3, and 4 for a term of four years each.

The election will be consolidated with the Statewide general election conducted by the Los Angeles County Registrar Recorder’s Office. The Fiscal Year 2024- 2025 budget is expected to include $250,000 for expenditures associated with the November 5, 2024 general municipal election.

Action Taken: The City Council (1) a dopted Resolution No. 2024-R39 calling for a general municipal election on November 5, 2024 pursuant to Elections Code § 1301; (2) adopted Resolution No. 2024-R40 requesting the County of Los Angeles to consolidate the City of Monterey Park’s general municipal election to be held on November 5, 2024, with the statewide general election on the date pursuant to Elections Code §1301; and (3) adopt ed R esolution No. 2024 -R41 establishing requirements for candidate statements filed with the City Clerk to be included with voter information for an election on November 5, 2024.

Motion: Moved by Mayor Pro Tem Ngo 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

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Resolution No. 2024-R39

A RESOLUTION CALLING A GENERAL MUNICIPAL ELECTION ON
NOVEMBER 5, 2024 PURSUANT TO ELECTIONS CODE § 1301 FOR CITY COUNCIL DISTRICT NOS. 2, 3 and 4

Resolution No. 2024-R40

A RESOLUTION REQUESTING THE BOARD OF SUPERVISORS OF THE

COUNTY OF LOS ANGELES TO CONSOLIDATE THE CITY OF MONTEREY PARK’S GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024, WITH THE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO ELECTIONS CODE SECTION 10403

Resolution No. 2024-R41

A RESOLUTION ESTABLISHING REQUIREMENTS FOR CANDIDATE

STATEMENTS FILED WITH THE CITY CLERK TO BE INCLUDED WITH VOTER INFORMATION FOR AN ELECTION ON NOVEMBER 5, 2024

6. CITY COMMUNICATIONS (CITY COUNCIL)

6-A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY PARK DECLARING JUNE 7, 2024, NATIONAL GUN VIOLENCE AWARENESS DAY AND JUNE 8-9, 2024, AS WEAR ORANGE WEEKEND IN MONTEREY PARK

Adopting a Resolution declaring June 7, 2024, National Gun Violence Awareness Day and June 8-9, 2024, as Wear Orange Weekend In Monterey Park.

Action Taken: The City Council adopted a Resolution 2024-R42 declaring June 7, 2024, National Gun Violence Awareness Day and June 8- 9, 2024, as Wear Orange Weekend In Monterey Park.

Motion: Moved by Council Member Sanchez and seconded by Mayor Pro Tem Ngo, 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

Resolution No. 2024-R42

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY PARK DECLARING JUNE 7, 2024, NATIONAL GUN VIOLENCE AWARENESS DAY AND JUNE 8-9, 2024, AS WEAR ORANGE WEEKEND IN MONTEREY PARK

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CITY COUNCIL COMMUNICATIONS
Council Member Sanchez announced that June 6 th is the 80 th anniversary of D - Day. He reported attending the Mark Keppel High School Aquatics Program Gala honoring Ismael Perez, Special Education Teach and Swim Coach.

Council Member Lo requested a resolution marking the 42 nd anniversary of the murder of Vincent Chin, a victim of a hate crime. He said he attended the Public Works Open House, the Memorial Day event, and dinner with Arthur Fong and some US Navy members in celebration of Fleet week. He thanked the Recreation Department for putting together the Pride Month celebration.

Council Member Yiu said she attended the Asian Am
erican Pacific Islander
(AAPI): Living Heritages Photo Contest and Exhibition where Judge Ed Chau and former
Mayor Lily Chen were the honorees. She reported she also attended the San
Gabriel Valley Council of Governments (SGVCOG) meeting
on
May 30 where there was a discussion on the City of Ventura Brown Act violation relating to the C ity’s State of the City’s Address.

Mayor Pro Tem Ngo talked about his attendance at the Garvey Intermediate School Career Day, Pride Parade, Assemblymember Mike Fong’s O
pen House, and on behalf of Chinatown Service Center (CSC), received a $850,000 check
from Congresswoman Judy Chu for the creation of the
workforce grant
program. He said he also attended the Memorial Day
Commemoration, Fleet Week event, and the Public Works Open House.

Mayor Wong expressed appreciation to staff for putting on the many events and said
he looks forward to seeing more events throughout the summer months.

He mentioned the cancellation of the next regular meeting on June 19 and
asked the community to attend the special meeting scheduled f or June 18.

7. FUTURE AGENDA ITEMS

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

ADJO

URNMENT
There being no further business for consideration, the meeting was adjourned at 9:31 p.m.
______
____________________
Maychelle Yee
City Clerk
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MISSION STATEMENT
The mission of the City of Monterey Park is to provide excellent service, foster growth and opportunity, and create a joyous and collaborative environment.

MINUTES

MONTEREY PARK CITY COUNCIL

FINANCING AUTHORITY (MPFA)

HOUSING AUTHORITY (MPHA)

GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD)

SUCCESSOR AGENCY (SA)
SPEC

IAL MEETING
JUNE 18, 2024
T
he City Council, the Financing Authority (MPFA), the Housing Authority (MPHA), the Geologic Hazard Abatement District (GHAD), and the Successor Agency (SA) of the City of Monterey Park held a Regular Meeting of the Council in the Council Chamber, located at 320 West Newmark Avenue in the City of Monterey Park, Tuesday, June 18, 2024, at 6:30 p.m.

CALL TO ORDER:

Ma
yor Wong called the meeting to order at 6:34 p.m.

FLAG SALUTE:

The Monterey Park Police Explorers led the flag salute.

ROLL CALL:

City Clerk Maychelle Yee called the roll:

Council Members Present: Henry Lo, Vinh Ngo, Jo se Sanchez, T homas 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, Director of Finance Martha Garcia, Fire Chief Chris Thompson, Director of Human Resources and Risk Management Christine Tomikawa, Director of Community Development Jessica Serrano, Director of Recreation and Community Services Robert Aguirre, Director of Public Works Shawn Igoe, City Librarian Kristin Olivarez, Police Chief Scott Weise, Police Captain Gus Jimenez, Finance Services Manager Laura Borjon, Planning Manager Beth Chow, Public Works Manager Chris Reyes, Adminis trative Manager Xochitl Tipan , Financial Analyst Patricia Cruz, Assistant Deputy City Clerk Helena Cho
VIRTUALLY PRESENT: Principal Consultant Tony Thrasher; Willdan Financial Services Senior Project Analyst Priti Patel; Arcadis Associate Steve Wilks; Arcadis Urban Planner Eric Tunell
AGENDA ADDITIONS, DE LETIONS, CHANG ES AND ADOPTIONS : Mayor W ong directed to move Item Nos. 6A,
4A, 4B, 5B to be heard after Pu blic C ommunications.
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PUBLIC COMMUNICATIONS

- Gina Ruiz from Monterey Park Pony Baseball and the United States Softball Inc., showed her appreciation to the City Council for their support toward their league, and for the improvements made to the parks. She announced the Girl’s 12 and Under Softball team’s win as the District Champions and promoted a fundraiser that will help raise funds for their competition at the State’s Championship tournament.

STAFF COMMUNICATIONS

This item was heard after Presentation.

- Fire Department: Fire Chief Thompson gave a PowerPoint p resentation about firework safety for the city’s upcoming Independence Day Celebration.

- Recreation and Community Services: Recreation and Community Services Director Aguirre announced the upcoming events which include the Summertime Lunch Program, Independence Day Celebration, Movie at the Park and Parks Make Life Better Month.

1. PR

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

Presentation Items were heard after Item No. 5B.

1-A. METROPOLITAN WATER DISTRICT UPDATES

Sam Mouawad, Project Manager from The Metropolitan Water District (MWD) , presented a PowerPoint presentation about the Garvey Reservoir Project. He provided a brief history of MWD and highlighted the main objectives which include improving major reservoir facilities, maintaining Garvey’s Reservoir reliability, enhancing site security and improving operations efficiency and maintenance.

1-B. WARE DISPOSAL TRANSITION UPDATE

Administrative Manager Tipan presented updates on the trash services transition provided by W are Disposal highlighting key dates, a plan to provide a smooth transition and an explanation on the new billing service change provided by WARE Disposal. She explained methods staff will use to provide the information to the residents, such as newspaper publications, social media outreach, customer letters, and through Ware Disposal’s website.

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Jay Ware, General Manager of Ware Disposal, spoke about the types of services that will be provided once the main office is open to the public. The City Council directed W are Disposal to supply an influx of communication materials to the residents and to regularly provide updates at future Council meetings.

2. O LD BUSINESS - None

3. CO
NSENT CALENDAR ITEMS NOS. 3A-3J
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, 3B, 3C, 3D, 3E, 3F, 3H, and 3I on Consent Calendar, with an amendment to the April 17, 2024 regular meeting minutes for I tem No. 3A, excluding Item Nos. 3G and 3J which were pulled for separate discussion, reading resolutions and ordinances by the title only and waiving further reading thereof.

Motion: Moved by Council Member Lo and seconded by Council Member Yiu, 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. MINUTES

Approving the minutes from the regular meeting of April 17, 2024 and the special meetings of March 26, 2024, April 9, 2024, and April 17, 2024.

Action Taken: The City Council a pproved the minutes from the regular meeting of April 17, 2024 and the special meetings of March 26, 2024, April 9, 2024, and April 17, 2024 as amended to reflect the call to order as Mayor Wong for the April 17, 2024 regular meeting minutes, on Consent Calendar.

3-B. MONTHLY INVESTMENT REPORT – MAY 2024

As of May 31, 2024, invested funds for the City of Monterey Park total $92,963,132.64.

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

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3-C. ADOPTION OF FISCAL YEAR 2024-25 ANNUAL BUDGET

On May 22, 2024, the City Council conducted a public budget workshop regarding the City’s current finances, projected revenues, financial obligations, and proposed budget for fiscal year 2024-25. The budget for FY 2024-2025 presents a spending plan that anticipates $167.9 million in estimated operating revenues and transfers- in; $9.5 million from grant advancements and fund balance from all funds combined; and $177.4 million in operating, and capital improvements expenditures and transfers-out. Significant changes to next fiscal year’s budget including the addition of one staff, the completion of American Rescue Program Act (ARPA) funding, the increased Unfunded Accrual Liability (UAL), and all other goals and objectives associated with the City budget, were presented and discussed at the workshop.

In addition, the City Council’s fiscal year 2024- 2025 Strategic Plan Goals were added to the budget document to provide a roadmap for prioritizing implementation of the specific objectives that will be focused on during the budget cycle.

Public Speaker:

- Jairo, a resident , flagged a specific area on the Annual Budget Plan. He suggested to the Council to look at the funds that will not be spent and instead use it to enhance and update the Monterey Park Bike Plan.

Action Taken: The City Council adopted Resolution No. 2024-R43 / SA–189 / MPFA–4 / MPHA–2 / MPK GHAD-3 adopting the City’s and Successor Agency’s Fiscal Year 2024-2025 Annual Budget as presented on May 22, 2024; and adopted Resolution No. 2024-R44 approving the Citywide Combined Salary Schedule, on Consent Calendar.

Resolution No. 2024-R43 / SA-189 / MPFA-4 / MPHA-2 / MPK GHAD-3 A RESOLUTION ADOPTING THE FISCAL YEAR 2024 -2025 FINAL

OPERATING, DEBT AND CAPITAL BUDGET FOR THE CITY OF MONTEREY PARK; THE SUCCESSOR AGENCY TO THE MONTEREY PARK
REDEVELOPMENT AGENCY; THE MONTEREY PARK FINANCING
AUTHORITY; THE MONTEREY PARK HOUSING AUTHORITY; AND THE

GEOLOGIC HAZARD ABATEMENT DISTRICT

Resolution No. 2024-R44

A RESOLUTION APPROVING THE REVISED SALARY RANGES FOR CITY

EMPLOYEES AND AUTHORIZING THE CITY MANAGER TO IMPLEMENT SUCH CHANGES IN THE CITY’S SALARY SCHEDULE

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3-D. WAIVE LIBRARY CARD REPLACEMENT FEE FOR LIBRARY CARD SIGN-UP MONTH

It is recommended that City Council waive the library card replacement fee during the month of September 2024 in celebration of National Library Card Sign- up Month. There is no fee to register for a library card. If a library card is lost, patrons are charged a fee to replace their card. Free library card replacement will encourage residents of all ages to return to the Library and utilize the variety of services and programs available to them, including the Library’s physical collections, public computers, teen, adult and children’s programming, onlin e resources, English as a Second Language classes and more. This action will align with the Library’s Strategic Plan goal of making it easier and more convenient for every resident to use the Library.

Action Taken: The City Council waived the library card replacement fee for library patrons for the month of September 2024 in celebration of National Library Card Sign-up Month, on Consent Calendar.

3-E. TOWING CONTRACT EXTENSION

The towing contracts with Freeway Towing and Navarro's Towing expires on July 31, 2024. Police Chief Wiese recommended that the contract be extended three more years and the new expiration date be set as July 31, 2027. Both companies tow rates fall well below the standard CHP rates and both companies are located in the city of Monterey Park.

Both companies' rates have been brought up to the industry standard based on current, Los Angeles County Sheriff's tow rates. The updated tow rates are still well below established CHP East Los Angeles rates, per Monterey Park Municipal Code § 5.84.110(a). Both companies are also willing to extend the contract another three years from the extension date of July 31, 2024.

Action Taken: The City Council authorized the City Manager to execute an amendment, in a form approved by the City Attorney to extend the term of the towing contracts with Freeway towing and Navarro’s Towing until July 31, 2027 and adjust the rates associated with those agreements, on Consent Calendar.

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3-F. A RESOLUTION DECLARING THE MONTH OF JULY AS “PARKS MAKE LIFE BETTER” MONTH IN THE CITY OF MONTEREY PARK

During July, the Recreation and Community Services Department celebrates "Parks Make Life Better” month. By designating July as "Parks Make Life Better" month, the City of Monterey Park, Recreation and Community Services Department urges all residents to enjoy and recognize our parks' social, physical, mental, economic, environmental, and community benefits. As we observe "Parks Make Life Better" month, we recognize the vital contributions of our employees and volunteers, who all contribute to making parks and recreation facilities a great place to visit. These dedicated staff and volunteers keep our parks clean and safe for visitors and coordinate and organize special events, childcare, su mmer day camp, swim lessons, educational classes, senior activities, and health and fitness programs. They ensure that parks and recreation facilities are safe and accessible places to enjoy.

Action Taken: The City Council adopted Resolution No. 2024-R45 declaring the month of July as “Parks Make Life Better” Month in the City of Monterey Park, on Consent Calendar.

Resolution No. 2024-R45

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY PARK DECLARING THE MONTH OF JULY 2024 AS PARKS MAKE LIFE BETTER MONTH

3-G. AUTHORIZE THE CITY MANAGER TO AMEND AGREEMENT NO. 1718 -A

WITH WORLD JOURNAL LA, LLC, TO BE THE CO -PRODUCER OF THE

MONTEREY PARK LUNAR NEW YEAR FESTIVAL

The City of Monterey Park has cohosted the annual Lunar New Year Festival with World Journal LA, LLC since 2012. In April 2024, Agreement no. 1718-A between the City of Monterey Park and World Journal LA, LLC (World Journal) ended its term. City staff has been satisfied with World Journal’s performance since 2012 and recommends extending the term and adjusting the reimbursed amount in article 2.2 of the agreement.

Discussion: The City Council ensued in a discussion regarding the importance of the terms in the contract, the opportunity to recover its costs and directed staff to return next year to review the financial terms in the contract.

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Action Taken: The City Council authorized the City Manager to amend agreement No. 1718- A and extend the term for an additional five years; and a mended agreement No. 1718-A, Article 2.2 to reflect an annual reimbursement from World Journal to the City in the amount of $10,000 to offset the cost of City staffing and services in a form approved by the City Attorney, with World Journal LA, LLC to co-produce the Monterey Park Lunar New Year Festival, as amended to direct staff to come back next year to review financial and add language into the amendment agreement to require a progress update to the Council prior to the 2025 festival.

Motion: Motion to approve the original recommendation was moved by Council Member Sanchez and seconded by Council Member Yiu . Council Member Yiu withdrew her motion.

Motion: Motion moved by Council Member Sanchez and seconded by Mayor Pro Tem Ngo, 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-H. AUTHORIZE PURCHASE OF A FUEL DELIVERY/CONTROL SYSTEM

The Public Works Fleet Maintenance Division is seeking to replace their current fuel management and delivery system, Gas Boy. This system is over 20 years old and is no longer serviceable. The operating system firmware, software, and hardware are no longer repairable or supported by any known vendor. A portion of the fueling system is currently inoperable, creating operational challenges for fueling vehicles. Public Works seeks City Council approval for the purchase of a replacement fuel management and deli very system, OPW sold by Orange Coast Petroleum Equipment, Inc. The OPW system was identified through a Sourcewell contract.

Action Taken: The City Council waived the bidding requirements pursuant to Monterey Park Municipal Code Section 3.20.050(3) and (4) and authorized the City Manager to purchase an OPW Fuel Management System at the cost of $140,458.93; and approved an appropriation of $140,459 from Shop Fund 501 for this purchase, on Consent Calendar.

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3-I. RESOLUTION IDENTIFYING A PUBLIC WORKS STREET MAINTENANCE PROJECT TO BE INCLUDED IN THE FY 2024 -25 BUDGET AND FUNDED BY SENATE BILL 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017

Senate Bill 1 (SB1), the Road Repair and Accountability Act of 2017, addresses the significant multi- modal transportation funding shortfall statewide. As of November 2017, portions of SB1 revenues are deposited into a Road Maintenance and Rehabilitation Account (RMRA) and made available to eligible cities and counties, which must comply with RMRA funding requirements as determined by the California Transportation Commission (CTC).

RMRA funds made available for the Local Streets and Roads Funding Program are prioritized for expenditure on basic road maintenance and rehabilitation projects, and on critical safety projects. The CTC provided a number of example projects and uses for RMRA funding that includes, but are not limited to, the following: road maintenance and rehabilitation, safety projects, railroad grade separations, complete streets components (including active transportation purposes, pedestrian and bicycle safety projects, transit facilities, and drainage and stormwater capture projects in conjunction with any other allowable project), and traffic control devices.

Action Taken: The City Council adopted Resolution No. 2024- R46 identifying a street maintenance project to be included in the FY 2024-25 budget and funded with Road Maintenance and Rehabilitation Act (RMRA) funds, in a form approved by the City Attorney, on Consent Calendar.

Resolution No. 2024-R46

A RESOLUTION IDENTIFYING A STREET MAINTENANCE PROJECT TO BE INCLUDED IN THE FY 2024 -25 BUDGET AND FUNDED BY SENATE BILL 1:

ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017

3-J. LANGLEY SENIOR CITIZEN CENTER AND BARNES PARK GYMNASIUM RESTROOMS REHABILITATION PROJECT – AWARD OF PUBLIC WORKS CONTRACT TO U.S. BUILDERS AND CONSULTANTS INC.

Capital Improvement Project (“CIP”) No. 95013 & 95014 – Langley Senior Citizen Center and Barnes Park Gymnasium Restroom Rehabilitation Project includes the rehabilitation of the restrooms at the Langley Senior Center and Barnes Park Gymnasium restrooms. Pursuant to Resolution No. 2023- R52, the Public Works Director solicited bids for the restroom rehabilitation at Langley Senior Citizen Center and Barnes Park Gymnasium (Specification No. 2024-003).

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CEQA (California Environmental Quality Act):

Action Taken : The City Council (1) a uthorized the City Manager to execute a public works contract, in a form approved by the City Attorney, with U.S. Builders and Consultants Inc. in the contract amount of $977,812 for the Langley Senior Citizen Center and Barnes Park Gymnasium Restrooms Rehabilitation Project; (2) appropriated an additional $220,000 from General Funds ; and (3) authorized the Director of Public Works to approve change orders not to exceed $84,917 over the total contract amount.

Motion: Moved by Council Member Lo and seconded by Mayor Pro Tem Ngo, 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

4. P

UBLIC HEARING

4-A. A PUBLIC HEARING TO CONSIDER THE FOLLOWING APPLICATIONS: 1) TENTATIVE MAP NO. 84188 (TM -23-05); 2) DESIGN REVIEW (DRB- 23-105); AND 3) A DEVELOPMENT AGREEMENT BETWEEN THE COMMONS OF MPK,

LLC AND THE CITY OF MONTEREY PARK, INCLUDING THE ADOPTION AND

APPROVAL OF A MITIGATIVE NEGATIVE DECLARATION FOR THE
CONSTRUCTION AND SUBDIVISION OF AIR RIGHTS FOR A 64 - UNIT CONDOMINIUM PROJECT, INCLUDING 7 AFFORDABLE UNITS THROUGH A DENSITY BONUS FOR PROPERTIES LOCATED AT 338 -410 S. ALHAMBRA AVENUE, ALSO IDENTIFIED BY ASSESSOR’S PARCEL NUMBERS 5259-004- 036, 037, AND 038

The proposed project is a 64- unit mixed -market rate and affordable housing development. The subject property is located on the east side of South Alhambra Avenue, at the easterly terminus of Peach Street, and south of Newmark Avenue.

Staff recommends that this item be continued to the July 17, 2024 City Council meeting to allow time for final negotiation of the Development Agreement terms.

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This item was heard after Item No. 6A.

Recommendation: It is recommended that the City Council consider c ontinuing the public hearing to the July 17, 2024 City Council meeting.

Public Speakers:

- Hector Otoñez voiced his opposition of the project. He claimed there are no parking spaces to support the 64-unit condominium.

- YinChi Chang stated her opposition of the project. She conveyed her opinion that this project will increase the lack of safety in the neighborhood.

- Yan Fang Situ conveyed her opposition of the project.

- Lai Woo voiced her opposition of the project claiming this project will increase the parking and safety issue in the neighborhood.

- Isee Hoo spoke about her opposition of the project.

- Allen Xie communicated his opposition of the project and disagreed with the findings in the development agreement.

- Yinjin Mao voiced her opposition of the project stating it will increase the parking issue and safety in the neighborhood.

- Yue Ying Li expressed her opposition of the project claiming it will increase the parking and safety issue in the neighborhood.

- Louise Liu conveyed her opinion about the project. She stated she opposed the project development and urged her neighbors to seek the help of a legal team.

- Ricky Chao questioned the amount of opposition letters received for this item and asked if they can hire lawyers to represent them.

- Gary Lau expressed his opinion about the project. He agreed there is a housing shortage in the city but recommended the project to be relocated in an area more suitable to house more parked cars.

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- City Clerk Yee received and filed (30) written communications in opposition of the project from Tommy Huynh, Salina Raya, Dalu Yu, Yue Liu, Serena Chen, Pei Ning, Chat Phoo, Minnie Nguyen, Leo Wu, Ricky Chao, Cathy Wang, Raymond Liao, Chloe He, Jennifer Wu, Cynthia Sadofski, Shiela S Khoo, Sinh Le, Jonathan Le, Barbara Cheng, Pei Ning, Jessica Wang, Bing Jing, Qiang Wang, Xiaoli Luan, Shizhi Jia, Xincheng Fu, Zhang, Shuo Sun, Peng Fang, Chenchen Fan; (20) written communications in support of the project fr om Ari Rezazadeh, Catherine Fang, Richard Liu, Mai Nguyen, Samuel Chin, Sueli Park, Matt Hui, Wing Chan, Iscah Wang, Melanie Hu, Clarence Yeung, Yuyu Zhang, Ivan Chak, Angela Cheung, Paul Houng, Benjamin Hsiang, Nobuo Saga, Simon Fraser, Jackie Hoang, Kyle Imoto; (1) written communication from Yimby Law who is neutral; (1) written communication from Harrison Kwock who is undecided; and (2) written communications providing comments about the project from the California Environmental Protection Agency and the Los Angeles County Sanitation District.

Discussion: City Attorney Berger announced that the public comments will be transferred to the Planning Commission as part of the record and allow the public hearing for this council meeting be discontinued and remanded to the Planning Commission.

Action Taken: The City Council o pened the Public Hearing at 6:56 p.m. and received documentary and testimonial evidence, and after clos ing the Public Hearing at 7:25 p.m., remanded this item to the Planning Commission.

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

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4-B. ADOPTION OF A RESOLUTION UPDATING THE MASTER SCHEDULE OF

FEES AND CHARGES

The City's Master Schedule of Fees and Charges ("Master Fee Schedule") sets fees for various services and activities provided by the City. To ensure that appropriate levels of cost recovery for services and activities are included in the Master Fee Schedule, the City contracted Willdan Financial Services to prepare a detailed cost of service and fee analysis, commonly referred to as a User Fee Study (Attachment 1). The User Fee Study calculated the City's actual costs for services and those costs have been incorporated into the proposed Master Fee Schedule. The Finance Director recommends that the City Council proceed with a public hearing to consider adopting the updated Master Fee Schedule (Exhibit A).

Except for certain planning related fees, all the fees identified in the Master Fee Schedule would become effective on July 1,2024 (the planning related fees would take effect August 18, 2024).

This item was heard after Item No. 4A.

Discussion: Financial Analyst Cruz presented a PowerPoint presentation providing an overview of the Master Fee Schedule.

Police Chief Weise spoke about the number of conceal -carry weapons permits (CCW) registered in the city. The Council directed staff to adjust the price on the CCW to remove the price subsidy provided by the city.

City Manager Alvarez provided information about specific permits to hold bingo games in the city and talked about the opportunity to educate the community about programs providing subsidized pet sterilization to low-income households.

Action Taken: The City Council opened the Public Hearing to consider proposed updates to the City's fee schedule at 7:40 p.m. and after closed the Public Hearing at 7:41 p.m. with no registered public speakers, adopted Resolution No. 2024-R47 approving a Master Schedule of Fees and Charges as amended to adjust the cost for concealed-carry weapon fee to the full burden cost by the applicant.

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

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Resolution No. 2024-R47

A RESOLUTION ADOPTING A FEE SCHEDULE TO RECOVER COSTS

INCURRED FROM PROVIDING VARIOUS PUBLIC SERVICES

4-C. RESOLUTION FOR THE FY2024-25 CAPITAL IMPROVEMENT PLAN

The City’s FY2024-25 proposed budget includes an updated Capital Improvement Plan (“CIP”) outlining the City’s capital investments over a five- year period. Staff asks that the City Council adopts of a Resolution to approve the proposed CIP, grants authorization for the City Engineer to approve plans specifications for Capital Improvement Projects, and authorizes for the Director of Public Works to advertise projects for construction bids when required or needed.

This item was heard after Item No. 3J.

Action Taken : The City Council o pened the Public Hearing to receive documentary and testimonial evidence at 10:03 p.m.; and after closed the Public Hearing at 10:03 p.m. with no registered speakers and considered the evidence, adopted Resolution No. 2024- R48 finding the FY2024- 25 Capital Improvement Plan (“CIP”) conforms with the General Plan, authorizing the City Engineer to approve plans and specifications for capital improvement projects, and authorizing the Public Works Director to solicit bids for capital improvement projects identified in the CIP.

Resolution No. 2024-R48
A RESOLUTION FINDING THE FY 2024 -25 CAPITAL IMPROVEMENT PLAN (“CIP”) CONFORMS WITH THE GENERAL PLAN; AUTHORIZING THE CITY

ENGINEER TO APPROVE PLANS AND SPECIFICATIONS FOR CAPITAL IMPROVEMENT PROJECTS; AND AUTHORIZING THE PUBLIC WORKS

DIRECTOR TO SOLICIT BI DS FOR CAPITAL IMPROVEMENT PROJECTS IDENTIFIED IN THE CIP.

5. NE

W BUSINES S

5-A. CONSIDERATION AND POSSIBLE ACTION TO ADOPT AN URGENCY

ORDINANCE IMPLEMENTING INTERIM DEVELOPMENT REGULATIONS FOR

SATURN PARK UPON A FOUR-FIFTHS VOTE

On June 5, 2024, the City Council directed that the City Manager and City Attorney prepare a draft moratorium governing Saturn Park for consideration on the June 18 th meeting agenda. If adopted, the draft urgency ordinance would prohibit new permits being issued for development within Saturn Park for at least 45 days. This would allow the SPARC to receive public input regarding recommended land uses as part of the drafting of a Saturn Park Specific Plan (“SPSP”) implementing the 2020 Land Use Element adopted by voters via Measure JJ. The moratorium may be extended up to a total of two years.
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CEQA (California Environmental Quality Act):

Adopting the Urgency Ordinance is exempt from further environmental review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.) because it establishes rules and procedures for operation of existing facilities; minor temporary use of land; minor alterations in land use; new construction of small structures; and minor structures accessory to existing commercial facilities. The Urgency Ordinance, therefore, is categorically exempt from further CEQA review under CEQA Guidelines §§ 15301; 15303, 15304(e); 15305; and 15311. Further, the adoption of the Urgency Ordinance is also exempt from review under CEQA pursuant to CEQA Guidelines § 15061(b)(3) because the Ordinance is for general policies and procedure- making. This Ordinance does not authorize any new development entitlements, but simply establishes policies and procedures for allowing the previously approved project to be constructed. Any proposed project that will utilize the changes set forth in this Ordinance will be subject to CEQA review as part of the entitlement review of the project. The Ordinance will not adversely impact the environment and is therefore exempt from the provisions of CEQA.

Th
is item was heard after Item No. 4C.

Publ
ic Speakers:
- Jim Pugh, Attorney from Sheppard Mullin representing his client Bryan Marsh, voiced his opposition to the moratorium. He conveyed his opinion that implementi
ng the moratorium is unlawful because there is no imminent threat to the
community. He requested to have the moratorium revised to allow the processing of applications to prevent project loss.
- Maychelle Yee
, speaking as a resident, stated her appreciation to Mayor Wong for
allowing her to serve on the Saturn Parks Advisory Committee (SPARC) and
voiced her opposition to the moratorium claiming it may lead to legal action against
the city. She said the existing zoning designation is in line with the Land Use Element and does not pose a threat to the city and suggested methods to help
create a clean, technological and innovative development. - Bryan Marsh, Chief Executive Officer of StratCap Data Centers, conveyed his opposition to the moratorium. He shared his opinion about the opportunity to develop a
data center in Saturn Park and showed his appreciation to city staff about
the help they received for the application.

Ac
tion Taken: The City Council a dopted Urgency Ordinance No. 2245 upon 4/5 vote pursuant to Government Code § 65858 establishing a moratorium on new development within Saturn Park for 45 days as amended to remove “processing” throughout the Ordinance.
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Motion: Moved by Council Member Lo and seconded by Council Member Yiu, 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

Urgency Ordinance No. 2245

AN INTERIM ORDINANCE PROHIBITING PERMITS FOR LAND USE

ENTITLEMENTS WITHIN THE MCCASLIN BUSINESS PARK TO CONSIDER

ADOPTING A SATURN PARK SPECIFIC PLAN IN ACCORDANCE WITH THE

LAND USE ELEMENT OF THE GENERAL PLAN

EXTENSION OF COUNCIL MEETING

Action Taken: The City Council extended the Council Meeting to 11:30 p.m.

Motion: Moved by Council Member Lo and seconded by Mayor Pro Tem Ngo, 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. SPIRIT BUS – FIXED ROUTE TRANSIT SERVICE

The City of Monterey Park operates a fixed- route transit service, Spirit Bus, by contract with First Transit, Inc. Since its return to service in July 2022 following a suspension for the Covid-19 pandemic, the City has been working with Arcadis-IBI Group Consultants on evaluating the system’s efficiency and identifying areas of improvement. Through additional data collection, staff has been able to compare ridership trends pre- and post-pandemic and has a better understanding of the use of the system and its cost effectiveness. It is recommended that City Council authorize the Fifth Amendment to Agreement 1636- A with First Transit, Inc. to extend services to operate Spirit Bus for six months in an amount not to exceed $1,032,270. The current Agreement will terminate on June 30, 2024 and the Amendment will extend the term to December 31, 2024. It is further recommended to add an option for a month- to-month term until June 30, 2025. An extension of services with the current contractor will allow the City to develop a new service program that would be incorporated into the RFP for the new contract for transit/mobility services.

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This item was heard after Item No. 4B.

P ublic Speakers:

- Bill Lam expressed his opposition to the proposed changes of the Spirit Bus route transit services and provided route suggestions he believes would benefit the community.

- Jacky Ho conveyed his opposition to the proposed bus route changes. He shared his complaints about bus route tardiness and provided suggestions to integrate substitute services to individuals that rely on the bus for transportation.

- City Clerk Yee received and filed (2) written communication s from Marcelle Wendt and Bill Lam. Marcelle voiced her opposition to the proposed bus route changes and recommended to keep the current routes and suggested new routes to be added in the future. Bill spoke about detailed modifications to the proposed bus routes.

Discussion: Administrative Manager Tipan presented a PowerPoint presentation about the item. Manager Tipan highlighted bus service improvement strategies that would benefit the community the launch of a pilot program for residents to receive on-demand bus services.

Action Taken: The City Council (1) authorized the City Manager to execute a Fifth Amendment to Agreement No.1636- A with First Transit, Inc., in a form approved by the City Attorney for fixed route transit service in an amount not to exceed $1,939,270, with the amendment extending the term for six months from July 1, 2024 to December 31, 2024, with the option for a month-to-month term until June 30, 2025; (2) appropriated $907,000 in Proposition A and C Local Return Funds from fiscal year 2023- 2024 to continue to operate regular service hours in the current fisca l year; (3) a uthorized the City Manager to execute a Second Amendment to Agreement No. 2294 with Arcadis-IBI Group Consultants, in a form approved by the City Attorney, for an additional amount not to exceed $24,665 with the amendment extending the term through June 30, 2025; and (4) p rovided direction on service improvement strategies which include the redesign of fixed routes and on demand services.

Motion: Moved by Council Member Sanchez and seconded by Mayor Pro Tem Ngo, 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
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5-C. CONSIDERATION AND POSSIBLE ACTION TO DIRECT THE CITY ATTORNEY

TO SEEK AN ATTORNEY GENERAL OPINION REGARDING THE USE OF “CLAW MACHINES” WITHIN THE CITY OF MONTEREY PARK

In May, the City’s Community Development Department received a request from a business owner to process a conditional use permit (“CUP”) to open an arcade utilizing a “claw machine” (see attached description from Wikipedia). Because the “claw machine” appeared to require a separate permit by Monterey Park Municipal Code (“MPMC”) Chapter 5.20, the Community Development Director asked City Attorney Berger to review the MPMC to determine whether there was a more expedient method of addressing the game permit requirement.

This item was heard after Item No. 5A.

Action Taken: The City Council directed the City Attorney to request a California Attorney General Opinion regarding the legality of “claw machines.”

Motion: Moved by Council Member Lo and seconded by Council Member Yiu, 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

6. CI

TY COMMUNICATIONS (CITY COUNCIL)

6-A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY PARK, CALIFORNIA, DECLARING AND RECOGNIZING JUNE 24 -28, 2024, AS

NATIONAL BOYS & GIRLS CLUB WEEK (REQUESTED BY COUNCIL

MEMBER SANCHEZ)

Action Taken: The City Council adopted Resolution No. 2024-R49 declaring and recognizing June 24-28, 2024 as National Boys & Girls Club Week.

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

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Resolution No. 2024-R49

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY PARK, CALIFORNIA, DECLARING AND RECOGNIZING JUNE 24 -28, 2024, AS

NATIONAL BOYS & GIRLS CLUB WEEK

6-B. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY PARK, CALIFORNIA, DECLARING AND RECOGNIZING JUNE 23, 2024, AS THE 42 ND

ANNIVERSARY OF THE DEATH OF VINCENT JEN CHIN (REQUESTED BY

COUNCIL MEMBER LO)

This item was heard after Item No. 5C.

Action Taken: The City Council adopted Resolution No. 2024-R50 declaring and recognizing June 23, 2024, as the 42nd Anniversary of the Death of Vincent Jen Chin.

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

Resolution No. 2024-R50

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY PARK, CALIFORNIA, DECLARING AND RECOGNIZING JUNE 23, 2024, AS THE 42ND

ANNIVERSARY OF THE DEATH OF VINCENT JEN CHIN

CITY COUNCIL COMMUNICATIONS

City Council Member Sanchez highlighted Juneteenth and reiterated the importance of recognizing certain groups. He spoke about Gun Violence Awareness Month, offered his condolences to the victims recently affected by mass shootings, and stated the importance of moving forward with gun violence prevention laws.

Council Member Lo thanked Council Member Sanchez for mentioning Juneteenth and recommended a Resolution to acknowledge Juneteenth for next year. He voiced his attendance at Assembly Member Mike Fong’s Emergency Preparedness Workshop held at the Barnes Park Service Club House and the ribbon cutting for the opening of San Gabriel River Park. He spoke of his participation in the Wear Orange campaign for National Gun Violence Awareness Month.

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Council Member Yiu shared her recent purchase of Near Field Communication stickers, explained how to use the stickers, and recommended the product to individuals that are interested.

Mayor Pro Tem Ngo mentioned his attendance at the La Casa de San Gabriel Community Center Gala Fundraiser held at San Gabriel Mission High School, the Chinese American Elected Official Officer Installation at NBC Seafood Restaurant, and the graduation ceremony of Richard Garvey & Roger W. Temple Intermediate.

He spoke about his meeting with the Guangdong Ministry of Agriculture and the Neighborhood Watch Program meeting that took place near Hillcrest Elementary.

Mayor Wong voiced his attendance to many of the events talked about by the Council, mentioned his representation at the Southern California Association of Governments (SCAG) Regional Council Meeting and showed his appreciation to the individuals that attended the Meetup with the Mayor event held at Northern Café. Mayor Wong discussed his participation at the League of California, City of Los Angeles Division Dinner and emphasized the discussion of Los Angeles County’s Measure on housing homelessness services. He expressed his appreciation to the individuals attending the upcoming Asian and Pacific Islander’s Lead Summit.

7. FUTURE AGENDA ITEMS

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

ADJOURNMENT
There being no further business for consideration, the meeting was adjourned at 11:14 p.m.

__________________________
Maychelle Yee
City Clerk

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

MINUTES

MONTEREY PARK CITY COUNCIL

FINANCING AUTHORITY (MPFA)

HOUSING AUTHORITY (MPHA)

GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD)

SUCCESSOR AGENCY (SA)

SPECIAL MEETING
JULY 17, 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 Room 266, located at 320 West Newmark Avenue in the City of Monterey Park, Wednesday, July 17, 2024, at 5:30 p.m.

CALL TO ORDER:

Mayor Wong called the meeting to order at 5:30 p.m.

FLAG SALUTE:

Mayor Wong led the flag salute.

ROLL CALL:

City Manager Inez Alvarez called the roll:

Council Members Present: Henry Lo, Vinh Ngo, Thomas Wong, Yvonne Yiu Council Members Absent: Jose Sanchez

ALSO PRESENT: City Manager Inez Alvarez, City Attorney Karl Berger, Assistant City Manager Diana Garcia, Director of Public Works Shawn Igoe, Director of Finance Martha Garcia.

VIRTUALLY PRESENT: None.

AGENDA ADDITIONS, DELETIONS, CHANGES AND ADOPTIONS: None.

PUBLIC COMMUNICATIONS: None.

[1.] CLOSED SESSION
The City Council adjourned to Closed Session at 5:31 p.m.

1-A CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2): two. Facts and Circumstances: No disclosure required per Government Code section 54956.9(e)(1) (not yet known to a potential plaintiff or plaintiffs).

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1-B CONFERENCE WITH LEGAL COUNSEL —ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2): one. Facts and Circumstances: Letter dated June 21, 2024 and July 5, 2024 from Athens on file with the City Clerk’s office.

RECONVENE & ADJOURNMENT
The City Council reconvened from Closed Session with all Council Members present , except City Council Member Jose Sanchez, who was absent. The meeting was adjourned at 6:20 p.m.

Action Taken: No reportable action taken in Closed Session.

__________________________
Maychelle Yee
City Clerk
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MISSION STATEMENT
The mission of the City of Monterey Park is to provide excellent service, foster growth and opportunity, and create a joyous and collaborative environment.

MINUTES

MONTEREY PARK CITY COUNCIL

FINANCING AUTHORITY (MPFA)

HOUSING AUTHORITY (MPHA)

GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD)

SUCCESSOR AGENCY (SA)
RE

GULAR MEETING
JULY 17, 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 Regular Meeting of the Council in the Council Chamber, located at 320 West Newmark Avenue in the City of Monterey Park, Wednesday, July 17, 2024 at 6:30 p.m.

CALL TO ORDER:

Ma
yor Wong called the meeting to order at 6:38 p.m.

FLAG SALUTE:

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

R
OLL CALL:

City Cler k Maychelle Yee called t he roll:

Council Members Present: Henry Lo, V inh Ngo, Thomas Wong, Yvonne Yiu Council Members Absent: Jose Sanchez,
ALSO PRESENT: 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 Finance Martha Garcia, Director of Recreation and Community Services Robert Aguirre, Community Development Director Jessica Serrano, Police Chief Scott Wiese, Fire Chief Chris Thompson, I nterim City Engineer Manager Ziad Mazboudi , Recreation Manager Christina Alatorre, Public Works Manager Chris Reyes, Senior Librarian Cathleen Bowley, An imal Control Officer Laura Rodrguez, Animal Control Officer William Estrada, Economic Development Specialist Janice Huang, Assistant Deputy City Clerk Helena Cho
V
IRTUALLY PRESENT: Director of Human Resources and Risk Management Christine Tomikawa

AGENDA ADDITIONS, DELETIONS, CHANGES AND ADOPTIONS
City Manag er A lvarez requested to move Presentation Item No. 1A and Agenda Item No. 3B aft er P ublic Communication.
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PUBLIC COMMUNICATIONS

- Angie Chu, resident, addressed the idea of digital safety training with the city.

This pilot program was created due to rising crime in the city. The training is to have residents use their phones to take photos if they witness suspicious activity. She hopes to bring more awareness to the issue before the 2028 Los Angeles Olympics. Angie showcased the opening of the non- profit “Asian Minds Matter.” This non-profit was created to address mental health awareness within the Asian Community and encouraged the c ommunity to attend the opening fundraiser.

STAFF COMMUNICATIONS

Staff Communications Items were heard after Agenda Item No. 3B.

- Community Development and Economic Development: Community Development and Economic Development presented together. Community Development Director Serrano presented updates in the department and about the upcoming Saturn Park Advisory Review Committee (SPARC) workshop detailing the potential land uses in Saturn Park. Economic Development Specialist Huang s hared more updates on the Economic Development Strategic plan (EDSP) where they aim to reshape the City’s economic landscape in the next few years and spoke about the upcoming networking expos for small business.

- Library: Senior Librarian Bowley presented upcoming programs which include The Summer Reading Program, County Book Club, and Community Engagement Workshops.

- Police Department: Chief of Police Wiese introduced the department’s Animal Control Officers: Laura Rodriguez and William Estrada and highlighted a new Geographical Informational System (GIS) to track coyotes roaming the city.

Animal Control Officer Estrada presented a PowerPoint presentation about coyote awareness, provided safety tips on coyote prevention and who/where to contact if a coyote is spotted. Alongside Officer Estrada Officer Rodriguez spoke about the utilization of the GIS system and outreach efforts using the Cascades Newspaper and social media.

- Recreation and Community Services: Recreation Manager Alatorre presented an update on past events and the upcoming events occurring for the residents in the city which include Open Houses, Movie Nights, and Health Screenings.

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1. PRESENTATION

The matters listed under presentation are informational content and for discussion only.

1-A. MONTEREY PARK 12U SOFTBALL ALLSTARS CHAMPIONSHIP

This Item was heard after Public Communications.

Mayor Wong presented awards to the Monterey Park 12 and Under Softball team for winning the All -Star Championship and mentioned the team’s preparation for the USA Softball California State Championship.

2. OLD BUSINESS – None.

3. CONSENT CALENDAR ITEMS NOS. 3B-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.

Consent Calendar Items were heard after Staff Communications.

Action Taken: The City Council approved and adopted Agenda Item Nos. 3A, 3D, 3E, 3F, 3G on Consent Calendar, excluding Agenda Item No s. 3B, 3C and 3H 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 Lo and seconded by Council Member Yiu , motion carried by the following vote:

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

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

3-A. MONTHLY INVESTMENT REPORT – JUNE 2024

As of June 30, 2024, invested funds for the City of Monterey Park total $93,018,485.26

Action Taken: The City Council received and filed the monthly investment report, on Consent Calendar.
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3-B. A RESOLUTION RECOGNIZING AND PROCLAIMING 2024 AS THE

CENTENNIAL YEAR OF THE MONTEREY PARK FIRE DEPARTMENT

The Monterey Park Fire Department has proudly served the community of Monterey Park and the larger San Gabriel Valley region for 100 years. Since its founding in 1924, the Monterey Park Fire Department has served as a beacon of hope in times of need. This resolution serves as a testament to the legacy the department has had over the last 100 years.

This item was heard after Presentation Item No. 1A

Action Taken: The City Council adopted Resolution No. 2024-R51 recognizing the Centennial Anniversary of the Monterey Park Fire Department , on Consent Calendar.

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

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

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

Resolution No. 2024-R51

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY PARK, CALIFORNIA, RECOGNIZING AND PROCLAIMING 2024 AS THE CENTENNIAL

YEAR OF THE MONTEREY PARK FIRE DEPARTMENT

RECESSED AND RECONVENED

The City Council recessed at 7:07 p.m. and reconvened with all council members present at 7:16 p.m.

3-C. CANNABIS TAX FUND GRANT PROGRAM (CTFGP) FUNDING FOR FISCAL YEAR 2024/2025

The City of Monterey Park Police Department was notified of an award of $273,899.02 from the Department of California Highway Patrol (CHP) Cannabis Tax Fund Grant Program (CTFGP) for Fiscal Year 2024/2025. The police department will utilize the grant funding to reduce and mitigate the impacts of impaired driving in our community.

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Action Taken: The City Council accepted grant funds and authorized the City Manager, or designee, to execute an agreement, in a form approved by the City Attorney, with the Department of California Highway Patrol (CHP) in the amount of $273,899.02 for the Cannabis Tax Fund Grant Program (CTFGP) and adopted Resolution No. 2024-R52 authorizing the City Manager, or designee, to receive and appropriate grant funds in fiscal year 2024-25, and execute an agreement, in a form approved by the City Attorney, with the CHP in the amount of $273,899.02 for the CTFG.

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

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

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

Resolution No. 2024-R52

A RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO

RECEIVE AND APPROPRIATE GRANT FUNDS FOR THE CANNABIS TAX

FUND GRANT PROGRAM

3-D. AUTHORIZATION OF WILLDAN ENGINEERING TO PROVIDE CONSULTING

SERVICES REGARDING DRAFTING A SATURN PARK SPECIFIC PLAN AND

ASSOCIATED COMMUNITY ENGAGEMENT

On May 22, 2024 the City Council established the Saturn Park Advisory Review Committee (“SPARC”), a citizen’s oversight committee aimed at soliciting public input on future land uses of Saturn Park as part of the implementation of the General Plan Land Use and Urban Design Element (“GPLUE”).

Willdan Engineering is already retained by the City to undertake various land use tasks; assisting the City with drafting a Saturn Park Specific Plan (and assisting with SPARC meetings) is within the scope anticipated by Willdan’s existing agreement.

Because Willdan’s proposal for the SPARC process exceeds the City Manager’s signature authority, City Council authorization is needed to approve a task order for Willdan. Consequently, the Community Development Director requests that the City Council authorize a task order – not to exceed $100,000 with a 10% contingency – for Willdan’s services

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Action Taken: The City Council (1) authorized the City Manager to execute a task order, in a form approved by the City Attorney, with Willdan Engineering for the scope of services described in Attachment 1 to the staff report in an amount not to exceed $100,000; (2) authorized the City Manager to approve a 10% contingency amount for other related activities; and (3) authorized a budget appropriation of $100,000, plus a 10% contingency (total not to exceed amount of $110,000) from the General Fund for the 2024-2025 fiscal year, on Consent Calendar.

3-E. CONSIDERATION OF A REQUEST FOR AN ALCOHOL CONSUMPTION

PERMIT AND PERMIT FEE WAIVER ALLOWING THE ALHAMBRA

EDUCATIONAL FOUNDATION TO CONDUCT ALCOHOL SALES AT THE

ELECTRIC PARK MUSIC EVENT

The City of Monterey Park launched the Electric Park music event series in 2022.

Since the October 8, 2022, inaugural event, the City has successfully hosted three Electric Park music events, each attracting an increasingly larger crowd. The event aims to foster community engagement by showcasing Electronic Music in a vibrant and positive atmosphere, enriching the residents' lives and supporting the event’s vision of MUSIC | PEOPLE | COMMUNITY. In a diverse community, music and dance act as universal languages that unite people. The fourth installment of the Electric Park music event series will take place on Saturday, October 5, 2024, in Barnes Park.

Building on the success of the “Beer Garden” introduced during the City’s 2024 Play Days Carnival, the Electric Park event committee has shown interest in collaborating with the Alhambra Educational Foundation to offer a similar feature at the upcoming Electric Park event. City staff contacted the Alhambra Educational Foundation, a IRC 501(c)(3) nonprofit organization, to explore this opportunity. The Foundation has confirmed its interest, and it is confident that with its experience and this collaboration, it will generate additional funds to support and enhance the educational programs of the Alhambra Unified School District.

Action Taken: The City Council a pproved an Alcohol Consumption permit allowing the Alhambra Educational Foundation to conduct alcohol sales at the “Electric Park” event on October 5, 2024 and approved an Alcohol Consumption permit fee waiver of $250, on Consent Calendar.

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3-F. APPROVAL OF FIFTH AMENDMENT TO AGREEMENT WITH MARIPOSA LANDSCAPES, INC.

Mariposa currently performs landscape maintenance services on all City medians, and supplemental weed abatement throughout the City. Staff recommends an Amendment to their contract to add custodial services at all City parks during weekend hours throughout the year. Mariposa would be responsible for the opening of all restrooms, the removal, replacement and monitoring of all trash liners, and additionally, the cleaning of picnic tables at all City Parks. The cost for requested services is approximately $123,600 per year.

Action Taken: The City Council authorized the City Manager to execute a Fifth Amendment to Agreement 2136 -A with Mariposa Landscapes, Inc, in a form approved by the City Attorney, for maintenance services at City parks for an amount not to exceed $123,600 annually, on Consent Calendar.

3-G. AMENDMENT TO AGREEMENT NO. 2241 -A WITH VALLEY MAINTENANCE

CORPORATION

On May 19, 2021, City Council approved Agreement 2241- A with Valley Maintenance for janitorial services at various City facilities. The City amended the contract to add additional services at various locations including the downtown parking lot, City parks, and to increase services at the Bruggemeyer Library. It is recommended that City Council authorize an extension of the agreement for six months through December 31, 2024, with the option for a month- to-month term until June 30, 2025. During this time, City staff will prepare a Request for Proposal (RFP) for a new janitorial contract.

Action Taken: The City Council authorized the City Manager to execute a Fourth Amendment with Valley Maintenance Corporation, in a form approved by the City Attorney, for janitorial services at various City facilities in an amount not to exceed $226,304. The Amendment extends the term for six months through December 31, 2024, with the option for a month-to-month term until June 30, 2025, on Consent Calendar.

3-H. NOTICE OF COMPLETION – VARIOUS CAPITAL IMPROVEMENT PROJECTS

Pursuant to City Council Resolution No. 11701, the Public Works Director is authorized to record a Notice of Completion for Capital Improvement Projects (“CIP”). The City recently completed CIP 95011 – Library Improvements; CIP 95026 – City Hall Emergency Generator; CIP 96030 & 96041 – Slurry Seal Project; CIP 96031 – Street Rehabilitation at various Locations (Year 2 and 3); and CIP 96042 – Street Rehabilitation – Various Streets (SB1). Upon completion, the work was inspected and approved by the City Engineer. It is recommended that the City Council receive and file the Notice of Completions recorded by the Public Works Director for these projects.
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Action Taken: The City Council (1) received and filed the Notice of Completion recorded by the Public Works Director on May 23, 2024 accepting the Library Facility Improvement Project completed by U.S. Builders and Consultants, Inc.; (2) received and filed the Notice of Completion recorded by the Public Works Director on May 20, 2024 accepting the City Hall Emergency Generator Replacement Project completed by PC Inc.; (3) received and fil ed the Notice of Completion recorded by the Public Works Director on April 29, 2024 accepting the Slurry Seal Project completed by Onyx Paving Company, Inc.; (4) received and filed the Notice of Completion recorded by the Public Works Director on May 30, 2024 accepting the Street Rehabilitation Project (Year 2) completed by All American Asphalt.; (5) received and filed the Notice of Completion recorded by the Public Works Director on May 30, 2024 accepting the Street Rehabilitation Project (Year 3) completed by All American Asphalt.; and (6) received and filed the Notice of Completion recorded by the Public Works Director on May 31, 2024 accepting the SB1 Street Rehabilitation Project completed by All American Asphalt.

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

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

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

4. PUBLIC HEARING

4-A. CONSIDERATION OF COSTS RESULTING FROM ABATING WEED

NUISANCES AND AUTHORIZING COLLECTION VIA SPECIAL ASSESSMENT

On February 21, 2024, the City Council determined that weeds, brush, rubbish, refuse and dirt maintained on certain private properties in the City constitute a public nuisance. The Los Angeles County Department of Agriculture Commissioner/Weights and Measures (“County”) is contracted to provide weed abatement services to the City. The County complied its annual list of properties within the City which contain, or have the potential to contain weeds, brush or other flammable materials sufficient to be considered a fire hazard (the “Weed Abatement Declaration List”). Persons identified as owning property on the Weed Abatement Declaration List were provided sufficient notice to either protest their inclusion thereon, or voluntarily remove the nuisance conditions identified on their property. The deadlines for voluntary compliance or protest have passed, and the County has abated the noncompliant properties on the Weed Abatement Declaration List.

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The final step in the City’s Weed Abatement process is for the Council to consider approving the County’s costs related to abatement and directing that these costs be collected via special assessment.

Action Taken: The City Council opened the public hearing at 8:05 p.m to receive documentary and testimonial evidence and after closed the public hearing at 8:05 p.m., with no registered public speakers and adopted Resolution No. 2024- R53, approving the Weed Abatement Clearance Charge List and authorizing collection of such costs through special assessment.

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

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

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

Resolution No. 2024-R53

A RESOLUTION CONFIRMING THE ITEMIZED WEED ABATEMENT CHARGE

LIST OF WEED ABATEMENT COSTS AND DIRECTING THE LOS ANGELES

COUNTY AGRICULTURAL COMMISSIONER TO COLLECT THESE COSTS

THROUGH PROPERTY TAX BILLINGS

4-B. PUBLIC HEARING TO CONSIDER THE EXTENSION OF URGENCY ORDINANCE NO. 2245, PROHIBITING PERMITS FOR LAND USE
ENTITLEMENTS WITHIN THE MCCASLIN BUSINESS PARK (AKA “SATURN PARK”) FOR AN ADDITIONAL 10 MONTHS AND 15 DAYS.

On June 18, 2024, the City Council adopted Urgency Ordinance No. 2245 instituting a moratorium governing the acceptance and approval of new permits being issued for development within Saturn Park for at least 45 days, which ends on August 2, 2024. The Urgency Ordinance allows time for the Saturn Park Advisory Review Committee (“SPARC”) to receive public input regarding recommended land uses as part of the drafting of a Saturn Park Specific Plan (“SPSP”) implementing the 2020 Land Use and Urban Design Element (“GPLUE”) adopted by voters via Measure JJ. Pursuant to Government Code § 65858, the Council may, following a public hearing, extend Urgency Ordinance No. 2245 for a period of 10 months and 15 days.

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CEQA (California Environmental Quality Act)
Adopting the extension of the Urgency Ordinance is exempt from further environmental review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq ., “CEQA”) and CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.) because it establishes rules and procedures for operation of existing facilities; minor temporary use of land; minor alterations in land use; new construction of small structures; and minor structures accessory to existing commercial faci lities. The Urgency Ordinance, therefore, is categorically exempt from further CEQA review under CEQA Guidelines §§ 15301; 15303, 15304(e); 15305; and 15311. Further, the adoption of the Urgency Ordinance is also exempt from review under CEQA pursuant to CEQA Guidelines § 15061(b)(3) because the Ordinance is for general policies and procedure making. This Ordinance does not authorize any new development entitlements, but simply establishes policies and procedures for allowing the previously approved project to be constructed. Any proposed project that will utilize the changes set forth in this Ordinance will be subject to CEQA review as part of the entitlement review of the project. The Ordinance will not adversely impact the environment and is therefore exempt from the provisions of CEQA.

Public Speakers:

- Jim Pugh, Partner at Sheppard Mullin representing applicant Bryan Marsh , provided his solutions regarding Urgency Ordinance No. 2245, a moratorium on new development within Saturn Park. Mr. Pugh’s stated his goal to obtain an immediate economic development opportunity with the city and provided his viewpoint that amending the draft interim ordinance will allow the opportunity to create a tangible redevelopment in the city, expand community benefits, and facilitate long-term planning in Saturn Park.

- Bryan Marsh, Chief Executive Officer of StratCap Data Center, said there is no need for an extension on Urgency Ordinance No. 2245. He detailed the benefits of data centers , the opportunity to coexist with other businesses within the community and explained extending the moratorium to the predisposed 10 months will have a negative effect on future buyers in the community.

- Maychelle Yee speaking as a resident, said the moratorium is not necessary , believing it has the potential to lose more business development within the community. She requested to have the moratorium revised and shortened to a more reasonable duration and it can be extended later, if found necessary.

Maychelle ended by encouraging the residents to speak up and participate on the decisions happening in their neighborhood.

- City Clerk Yee received and filed into the record a written communication from James E. Pugh, Partner at Sheppard Mullin, providing his opinion on the Urgency Ordinance and recommended changes.
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Action Taken: The City Council opened the public hearing at 8:07 p.m. to receive documentary and testimonial evidence and after closed the public hearing at 8:20 p.m. and (1) a dopted Interim Ordinance No. 2246 extending Urgency Ordinance No. 2245, a moratorium on new development within Saturn Park for 10 months and 15 days pursuant to Government Code § 65858 as amended to change the moratorium from 10 months and 15 days to 90 days in Section 4A and Section 12, and to add a new Section 4B “Exempted Activities. During the effectiveness this Ordinance, or any extension, the City may issue any permit or land use entitlement to any person or entity for constructing, placing, or operating within the McCaslin Business Park, i.e., Saturn Park, only if the criteria in this Section 4 are satisfied.

The City Manager, or designee, must review any application for a permit or land use entitlement to determine compliance with the provisions of this Ordinance. City employees, City boards and commissions, and the City Council are permitted to accept, process and approve certain applications for land use entitlements, including, without limitation, use permits, variances, building permits, licenses and certificates of occupancy, necessary for constructing, placing, or operating within the Saturn Park area, only for development applications that: (1) were filed with the City before April 15, 2024; (2) include or are amended to include a development agreement per Chapter 21.44 of the Monterey Park Municipal Code; and (3) obtain City Council approval of the development agreement before, or concurrent with, approval of the project entitlem ents proposed in the timely -filed application. This exemption will remain effective for the term of this Ordinance, and any extensions.”; and (2) received a filing of a public report to describe the measures taken to alleviate the condition which led to the adoption of Ordinance No. 2245 pursuant to Government Code § 65858(d).

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

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

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

Interim Ordinance No. 2246
AN INTERIM ORDINANCE EXTENDING URGENCY ORDINANCE NO. 2245 -

PROHIBITING PERMITS FOR LAND USE ENTITLEMENTS WITHIN THE

MCCASLIN BUSINESS PARK TO CONSIDER ADOPTING A SATURN PARK

SPECIFIC PLAN IN ACCORDANCE WITH THE MONTEREY PARK LAND USE

ELEMENT OF THE GENERAL PLAN

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4-C. PUBLIC HEARING AND APPROVAL OF THE 2024 -2025 ANNUAL ACTION

PLAN AS REQUIRED BY THE COMMUNITY DEVELOPMENT BLOCK GRANT,

AND HOME INVESTMENT PARTNERSHIPS PROGRAMS

The U.S. Department of Housing and Urban Development provides funding to states, counties, and cities in the form of Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) funds. The City is eligible to receive both CDBG and HOME funds. The estimated City entitlement for Financial Year (FY) 2024- 25 is $576,795 in CDBG funding and $278,235.33 in HOME funding.

Before Monterey Park can receive these funds, federal regulations require that a Consolidated Plan (i.e., a five- year plan) be adopted by the City Council. The Consolidated Plan serves as the federal planning document for jurisdictions receiving CDBG and HOME Program funds. The City’s current Consolidated Plan was adopted by the City Council in 2020.

In addition, federal regulations also require the adoption of an Annual Action Plan that operates on a single program year established by the City (i.e., July 1, 2024, through June 30, 2025). The Annual Action Plan outlines the City’s housing needs and priorities, as well as its programs and resources in a manner that best meets the affordable housing and community development challenges of the Monterey Park community. As required by federal requirements, the City will submit its Annual Action Plan for 2024- 2024 to the U.S. Department of Housing and Urban Development (HUD) by the statutory deadline of August 16, 2024.

Public Speaker:

- Priscilla Davila, Owner and/Principal of Principal of Priscilla Davila & Associates Inc., virtually present was available for questions.

Action Taken: The City Council (1) opened the public hearing at 9 :05 p.m. to receive documentary and testimonial evidence and after closed the public hearing at 9:23 p.m.; (2) approved the Program Year (PY) 2024-25 Action Plan and funding Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) allocations totaling approximately $855,030.33 ; and authorizing submission of the PY 2024-25 Action Plan to the U.S. Department of Housing and Urban Development (HUD); and (3) authorized the City Manager, or her designee, to take all actions necessary or desirable to implement the Annual Action Plan, and Subrecipient Agreements.

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

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

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

5. NEW BUSINESS

5-A. BALLOT PROPOSITION TO AMEND THE EXISTING MONTEREY PARK

BUSINESS LICENSE TAX AND TRANSIENT OCCUPANCY TAX

This Staff Report reviews two separate propositions that may be placed onto the November 5, 2024 ballot. The City Council may choose to place both propositions onto the ballot; choose only one of the propositions; or take no action regarding the draft propositions. If the City Council places one or more of the tax propositions onto the ballot, voters may adopt such propositions with a simple majority. If adopted by voters, the propositions would constitute a general tax. Revenue generated from such taxes may be used for any municipal purpose. These propositions would not constitute a new tax. Rather, they would amend existing taxes, i.e., those already imposed. Four affirmative votes are needed to place these propositions onto the ballot.

CEQA (California Environmental Quality Act):

These actions are exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 2100, et seq., “CEQA”) and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.) because they establish rules and procedures to implement government funding mechanisms; do not involve any commitment to a specific project which could result in a potentially significant physical impact on the environment; and constitute an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. Accordingly, neither of the propositions constitute a “project” that requires environmental review (see specifically 14 CCR § 15378(b)(4-5)).

Discussion: Director of Finance Garcia presented a PowerPoint presentation on the proposed ballot measures.

Robb Korinke, Principal from GrassrootsLab and city consultant spoke about his involvement with many other cities looking to transition their Business License Tax requirements to better reflect the modern economy. Mr. Korinke emphasized equity and progression as the key points to the idea of businesses paying their share to the city.

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Action Taken: The City Council (1) a dopted Resolution No. 2024-R54 placing a proposition on the November 5, 2024, ballot which, if adopted by a majority of voters, would amend the City’s existing Business License Tax as amended to add an additional zero after the decimal to reflect 0.00075 in Section 3 of Resolution No. 2024-R54; (2) adopted Resolution No. 2024-R55 placing a proposition on the November 5, 2024, ballot which, if adopted by a majority of voters, would increase the City’s existing Transient Occupancy Tax; (3) determined whether to designate person(s) for filing an argument favoring each ballot proposition; (4) adopted Resolution No. 2024 -56 requesting that the City Attorney prepare an impartial analysis for the Business License Tax and adopted Resolution 2024- R57 requesting that the City Attorney prepare an impartial analysis for the Transient Occupancy Tax; (5) adopted Resolution No. 2024-58 establishing requirements for ballot arguments ; and (6) adopted Resolution No. 2024 -59 supporting ballot measures. No action was taken to designate person(s) for filing an argument in favor of ballot measures.

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

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

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

Resolution No. 2024-R54

A RESOLUTION REQUESTING THE BOARD OF SUPERVISORS OF THE

COUNTY OF LOS ANGELES TO ADD A BALLOT PROPOSITION TO THE

PREVIOUSLY CONSOLIDATED GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2024, WITH THE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO ELECTIONS CODE § 10403

Resolution No. 2024-R55

A RESOLUTION REQUESTING THE BOARD OF SUPERVISORS OF THE

COUNTY OF LOS ANGELES TO ADD A BALLOT PROPOSITION TO THE

PREVIOUSLY CONSOLIDATED GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 2024, WITH THE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO ELECTIONS CODE § 10403

Resolution No. 2024-R56

A RESOLUTION DIRECTING THE CITY ATTORNEY TO PREPARE AN

IMPARTIAL ANALYSIS OF THE PROPOSITION AUTHORIZING AMENDMENT

OF BUSINESS LICENSE TAX TO FUND GENERAL MUNICIPAL SERVICE

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Resolution No. 2024-R57

A RESOLUTION DIRECTING THE CITY ATTORNEY TO PREPARE AN

IMPARTIAL ANALYSIS OF THE PROPOSITION AUTHORIZING AMENDMENT

OF THE TRANSIENT OCCUPANCY TAX TO FUND GENERAL MUNICIPAL

SERVICES

Resolution No. 2024-R58

A RESOLUTION ESTABLISHING REQUIREMENTS FOR BALLOT

ARGUMENTS FILED WITH THE CITY CLERK TO BE INCLUDED WITH VOTER INFORMATION FOR THE GENERAL ELECTION ON NOVEMBER 5, 2024

Resolution No. 2024-R59

A RESOLUTION OF THE MONTEREY PARK CITY COUNCIL SUPPORTING BALLOT PROPOSITIONS NEEDED TO MAINTAIN MONTEREY PARK’S LONG

TERM FINANCIAL STABILITY AND LOCALLY CONTROLLED SERVICES BY INCREASING TRANSIENT OCCUPANCY TAX TO 13% AND MODERNIZING

THE BUSINESS LICENSE TAX, RAISING A TOTAL ADDITIONAL
APPROXIMATE AMOUNT OF $900,000 ANNUALLY TO THE GENERAL FUND

6. CITY COMMUNICATIONS (CITY COUNCIL)

CITY COUNCIL COMMUNICATIONS

Council Member Lo stated his attendance at the city’s Firework Celebration on June 29
th, the Chinese Consolidated Benevolent Association of Los Angeles Flag Ceremony in Chinatown, t he annual commemorati on of The Marco Polo Bridge Incident and mentioned his appearance at the second meeting as a representative in the LAX Round Table to advocate for noise mitigation in aircrafts.

Council Member Yiu spoke of her attendance at the city’s Firework Celebration and encouraged everyone to attend next year. Council Member Yiu mentioned her participation at the Asian American and Pacific Islander Learn. Engage. Advocate.

Dream (AAPI LEAD) three-day summit.

Mayor Pro Tem Ngo conveyed his attendance at Movie Night at Th e Park and ThanksUSA in Consolidation of F olks in The Community held at the San Gabriel Mission. Mayor Pro Tem Ngo announced his participation in the Pickleball Tournament held at Barnes Park and the Vincent Chin Memorial held outside of City Hall hosted by The Chinese American Museum. Mayor Pro Tem Ngo mentioned the arrival of a Delegation from Panyu, China who visited City Hall/ hosted the Vietnam Business Delegation at the Marriot Hotel and provided updates about the Metro Agency Report. Mayor Pro Tem Ngo stated his and Council Member Yiu’s attendance at the reorganization for the new Mayor of Arcadia.

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Mayor Wong spoke of his participation at many of the events mentioned by the Council and highlighted his attendance at the AAPI LEAD event and the United States Conference of Mayors in Kansas City where he spoke about connecting with the many Mayors from across the country. He mentioned that the regular meeting scheduled for August 7, 2024 will be cancelled and that there will be a special City Council Meeting scheduled for August 5, 2024.

7. FUTURE AGENDA ITEMS

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

ADJOURNMENT
There being no further business for consideration, the meeting was adjourned at 9:5 5 p.m.

__________________________
Maychelle Yee
City Clerk

Approved on Month, Day, Year, at the Regular City Council Meeting

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

MINUTES

MONTEREY PARK CITY COUNCIL

SPECIAL COMMUNITY MEETING
JULY 24, 2024

The City Council of the City of Monterey Park held a Special Community Meeting of the Council at The Venice Room , 2428 S. Garfield Avenue in the City of Monterey Park, California 91754 on Wednesday, July 24, 2024, at 5:00 p.m.

ROLL CALL:

City Manager Inez Alvarez called the roll:

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

ALSO PRESENT: 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, Fire Chief Chris Thompson, Economic Development Manager Joseph Torres, Economic Specialist Janice Huang, Office Assistant II Megan Leung

MEETUP WITH THE MAYOR

I. Welcome: The Meeting was called to order at 5:10 p.m. and Mayor Wong introduced the event sponsors: Elizabeth Yang with Yang Law Offices and William Lau with Eastern International Bank.

II. Community members are invited for casual conversations and to learn more about the City with the Mayor of Monterey Park
III. Adjournment at 5:45 p.m.

__________________________
Maychelle Yee
City Clerk

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

MINUTES

MONTEREY PARK CITY COUNCIL

FINANCING AUTHORITY (MPFA)

HOUSING AUTHORITY (MPHA)

GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD)

SUCCESSOR AGENCY (SA)

SPECIAL MEETING
AUGUST 5, 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 Room 266, located at 320 West Newmark Avenue in the City of Monterey Park, Monday, August 5, 2024, at 5:30 p.m.

CALL TO ORDER:

Mayor Wong called the meeting to order at 5:32 p.m.

FLAG SALUTE:

Mayor Wong led the flag salute.

ROLL CALL:

City Manager Inez Alvarez called the roll:

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

ALSO PRESENT: City Manager Inez Alvarez, City Attorney Karl Berger, Assistant City Manager Diana Garcia

VIRTUALLY PRESENT: None.

AGENDA ADDITIONS, DELETIONS, CHANGES AND ADOPTIONS: None.

PUBLIC COMMUNICATIONS: None.

[1.] CLOSED SESSION
The City Council adjourned to Closed Session at 5:32 p.m.

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1-A CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION - GOVERNMENT CODE § 54956.9(d)(1) – Two Cases:

Atlantic Square, LLC, dba TRC v. City of Monterey Park, et al. (Raising Cane’s Restaurants, LLC, real party in interest) (filed February 17, 2023) LASC Case No. 23AHCP00074

Atlantic Square, LLC, dba TRC v. City of Monterey Park, et al. (Raising Cane’s Restaurants, LLC, real party in interest) (filed August 31, 2023) LASC Case No. 23AHCP00375

1-B CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION (Gov’t.

Code § 54956.9(d)(4)). Number of potential cases: two.

Potential defendants and properties listed below (not required by applicable law; voluntarily disclosed):

Atlantic Square, LLC, Terramar Retail Centers, LLC, and Does 1- 25. 2000-2290 South Atlantic Boulevard

RECONVENE & ADJOURNMENT
The City Council reconvened from Closed Session with all Council Members present. The meeting was adjourned at 6:15 p.m.

__________________________
Maychelle Yee
City Clerk
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MISSION STATEMENT
The mission of the City of Monterey Park is to provide excellent service, foster growth and opportunity, and create a joyous and collaborative environment.

MINUTES

MONTEREY PARK CITY COUNCIL

FINANCING AUTHORITY (MPFA)

HOUSING AUTHORITY (MPHA)

GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD)

SUCCESSOR AGENCY (SA)

SPECIAL MEETING
AUGUST 5, 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, Monday, August 5, 2024, at 6:30 p.m.

CALL TO ORDER:

Mayor Wong called the meeting to order at 6:33 p.m.

FLAG SALUTE:

Mayor Wong led the flag salute.

ROLL CALL:

Assistant Deputy City Clerk Helena Cho called the roll:

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

ALSO PRESENT: City Manager Inez Alvarez, City Attorney Karl Berger, Assistant City Manager Diana Garcia, Director of Finance Martha Garcia, Police Chief Scott Wiese, Fire Chief Chris Thompson, Director of Human Resources and Risk Management Christi ne Tomikawa, Director of Community Development Jessica Serrano, Director of Recreation and Community Services Robert Aguirre, City Librarian Kristin Olivarez, Director of Public Works Shawn Igoe, Police Lieutenant Bob Hung, Finance Services Manager Laura Borjon, Recreation Supervisor Memo Chavez, Records Supervisor Marco Martinez

VIRTUALLY PRESENT: None.

AGENDA ADDITIONS, DELETIONS, CHANGES AND ADOPTIONS: None.

PUBLIC COMMUNICATIONS: None

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STAFF COMMUNICATIONS

- City Manager’s Office: Assistant City Manager Garcia shared a PowerPoint presentation about an upcoming Resource Fair on August 17th and September 7th that will provide support services to residents.

- Community Development: Community Development Director Serrano shared a PowerPoint presentation about the upcoming events organized by the department which include the Monterey Park Small Business Expo and Networking Event, and the Saturn Park Advisory Review Committee (SPARC) Community Workshops.

- Library: City Librarian Olivarez highlighted the Summer Reading Program and shared a PowerPoint presentation about the upcoming events hosted by the library which include Justinian Huang’s Adult Author Event, Job Seeker Support appointments, Free Legal Assistance Clinics, Caregiver Meet-ups, 3D Printing Sessions, and registration for English as a Second Language and Citizenship classes.

- Public Works: Public Works Director Igoe provided information about the upcoming Community Clean-up Event held at Highlands Park.

- Recreation and Community Services: Recreation Supervisor Chavez presented a PowerPoint presentation about the upcoming programs by the department which include Movie at the Park, the Youth After School Program registration, the Langley Luau Hawaiian Party, the Back to the Future Movie Screening, and Health Seminars. Recreation and Community Services Director Aguirre spoke about updating survey information on the Park’s Master Plan page on the city’s website.

1. PRESENTATION

The matters listed under presentation are informational content and for discussion only.

1-A. SAN GABRIEL VALLEY MOSQUITO VECTOR CONTROL DISTRICT - VECTOR

CONTROL UPDATE

City Trustee Joseph Leon introduced the District Manager of the San Gabriel Valley Mosquito Vector Control Jason Farned. District Manager Farned shared a PowerPoint presentation about the different types of mosquitoes, the West Nile Virus, methods of mosquito population control, program benefits and the social media kits located on their website.

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2. OLD BUSINESS:

2-A RECEIVE AND FILE SOLID WASTE UPDATE

On March 26, 2024, City Council awarded a franchise agreement for residential waste to Ware Disposal Inc. and a nonexclusive agreement for commercial waste to Ware Disposal Inc. and Athens Services. Service is scheduled to commence September 1, 2024. This is an update regarding the schedule and to seek direction (if any) from the City Council.

Public Speaker:

- General Manager of Ware Disposal, Jay Ware introduced Vice President of Public Relations, Liya Ding; and Customer Service Representatives, Travis Liu, Derrek Carillo, and Vanessa Enriquez. He provided updates about transition services, cart delivery dates /resizing, informational flyers in English, Chinese and Spanish and the anticipated opening of their brand- new office located in Monterey Park. He mentioned Ware’s attendance at upcoming events which include The Monterey Park Business Expo and the city’s Clean-up Event.

Action Taken: By Consensus, the City Council received and filed an update regarding solid waste franchises and a uthorized the City Manager and City Attorney to take appropriate action relating to solid waste to ensure health and safety measures are met.

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

Action Taken: The City Council approved and adopted Agenda Item Nos . 3B, 3C, 3E, & 3F on Consent Calendar, excluding Item Nos. 3A & 3D which were pulled for separate discussion, reading resolutions and ordinances by the title only and waiving further reading thereof.

Motion: Moved by Mayor Pro Tem Ngo and seconded by Council Member Yiu, 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

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3-A. IDENTIFYING A TAX RATE FOR COLLECTING VOTER AUTHORIZED

PROPERTY TAXES FOR EMPLOYEE RETIREMENT BENEFITS BASED ON

THE ASSESSED PROPERTY VALUATION ESTABLISHED BY THE COUNTY ASSESSOR’S OFFICE

The City of Monterey Park’s retirement costs are funded in part by a special voter- approved property tax. Each year the City is required to establish a tax rate to generate the retirement property tax based on the assessed valuation established by the County Assessor’s Office.

Action Taken: The City Council adopted Resolution No. 2024-R60 identifying the tax rate and amount of tax revenue required to fulfill the voters’ intent in funding the City’s retirement system.

Motion: Moved by Council Member Lo and seconded by Council Member Yiu, 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

Resolution No. 2024-R60

A RESOLUTION IDENTIFYING THE AMOUNT OF TAX REVENUE REQUIRED TO FULFILL THE VOTERS’ INTENT IN FUNDING THE CITY’S RETIREMENT SYSTEM DURING FISCAL YEAR 2024-2025 AND AUTHORIZING THE LEVY OF

APPROPRIATE TAXES

3-B. CAL OES AUTHORIZED AGENT SIGNATURE FORM 130 FOR NON- STATE

AGENCIES

The State of California Governor’s Office of Emergency Management Services (Cal OES) requires non-state agencies to execute a Designation of Subrecipient’s Agent Resolution Form 130 (Cal OES Form 130) to receive State grants and financial assistance in the event of a declared emergency. This form must be on file with Cal OES and issued every three years. The City of Monterey Park submitted a Cal OES Form 130 in 2021 as part of the Local Hazard Mitigation Program Grant. However, since the grant application, the title of Director of Management Services changed to Finance Director, and as such, a new Cal OES Form 130 is needed. A Cal OES Form 130 must be approved by resolution of the Governing Body, authorizing agents of the agency to file and engage with FEMA and Cal OES for State grants and disaster assistance.

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Action Taken: The City Counc il adopted Resolution 2024-R61 authorizing the Mayor and City Clerk to execute a State of California Governor’s Office of Emergency Management Services Designation of Subrecipient’s Agent Resolution Form 130 (Cal OES Form 130) appointing the City Manager, Finance Director and Fire Chief as authorized agents of the City of Monterey Park to file and engage with the Federal Emergency Management Agency (FEMA) and the State of California Governor’s Office of Emergency Services (Cal O ES) for grants , on Consent Calendar.

Resolution No. 2024-R61

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY PARK,

CALIFORNIA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ON BEHALF OF THE CITY A STATE OF CALIFORNIA GOVERNOR’S OFFICE OF EMERGENCY SERVICES DESIGNATION OF SUBRECIPIENT’S AGENT RESOLUTION FORM 130

3-C. PURCHASE AND DATA CONVERSION OF POLICE DEPARTMENT

CAD/RMS/JMS/TMIS SOFTWARE

The City of Monterey Park Police Department's current computer software for 9- 11 dispatch and records database management has been used for 18 years and lacks modern features with poor support from the current service provider, Tyler Technologies. The anticipated increased cost for the yearly service with Tyler Technologies will surpass the cost of migrating to a new software system. By migrating the department's databases to Sunridge RIMS and utilizing Sunridge Rims' advanced software systems, the Police Department will gain efficiency and capabilities that will better meet the demands of the department and the community while saving the city an anticipated cost of $851,667.69 over ten years.

Action Taken: The City waived bidding requirements pursuant to Monterey Park Municipal Code § 3.20.050(5) and authorized the Police Department to enter into a contract with Sunridge RIMS Systems, Inc. for the purchase of a CAD/RMS/JMS/TMIS software by utilizing a cooperative purchasing exemption (Yuba County); and authorized City staff to execute a contract, on a form approved by the City Attorney, with Sunridge RIMS to implement a new CAD/RMS/JMS/TMIS computer software system, servers, data migration, training, and implementation to replace the current database, on Consent Calendar.

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3-D. SAFE, CLEAN WATER PROGRAM FUND TRANSFER AGREEMENT

The City receives funds from the Safe, Clean Water (SCW) Program, also known as Measure W. On August 5, 2020, City Council approved a Transfer Agreement to receive funds through FY2023-24. It is recommended, that City Council approve a new Transfer Agreement for receipt of funds through FY 2027-28.

Discussion: Public Works Director Igoe pr ovided a PowerPoint presentation on the item.

Action Taken: The City Council (1) authorized the City Manager to execute a Safe, Clean Water Program Fund Transfer Agreement with the Los Angeles County Flood Control District, in a form approved by the City Attorney, for the City’s Stormwater Program; (2) adopted Resolution No. 2024-R 62 to add stormwater projects to the Fiscal year 2024- 25 Capital Improvement Program; and (3) appropriated $596,767 in Measure W funds for the proposed Capital Improvement Projects.

Motion: Moved by Council Member Sanchez and seconded by Mayor Pro Tem Ngo, 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

Resolution No. 2024-R62
A RESOLUTION AMENDING RESOLUTION NO. 2024 -R48 TO ADD
STORMWATER PROJECTS TO THE CAPITAL IMPROVEMENT PLAN (“CIP”)

AND FINDING SUCH AMENDMENT CONFORMS WITH THE GENERAL PLAN

3-E MONTEREY PASS ROAD OVERLAY – REJECT ALL SUBMITTED BIDS

Per Resolution No. 2023- R52, the Public Works Director solicited bids for CIP 96046 – 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.

Action Taken: The City Council rejected all bids for Capital Improvement Project (CIP) No. 96046 – Monterey Pass Road Overlay, on Consent Calendar.

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3.F MEMORANDUM OF AGREEMENT FOR REGIONAL FOOD RECOVERY

PROGRAM

Since 2021, the City has participated in the San Gabriel Valley Regional Food Recovery Program, known as FRESH SGV, for compliance with Senate Bill 1383 (SB1383). As a participating agency, the City receives support for required inspections and enforcements of edible food generators and food recovery organizations, public outreach and engagement for businesses subject to SB1383 requirements, and access to food recovery hub resources. To continue participating in the program, it is recommended that City Council authorize the City Manager to execute a Memorandum of Agreement with the San Gabriel Valley Council of Governments (SGVCOG), in the amount of $148,146.95 for food recovery program activities. The City was recently awarded SB1383 grant funds from CalRecycle that will be used for participation in the program.

Action Taken: The City Council authorized the City Manager to execute a Memorandum of Agreement with the San Gabriel Valley Council of Governments, in a form approved by the Cit y Attorney, for the City’s participation in the San Gabriel Valley Regional Food Recovery Program for an amount of $148,146.95; and appropriated an additional $31,527.95 from SB1383 Grant Funds (Fund 282) to the Fiscal Year 2024-25 budget for participation in the Regional Food Recovery Program, on Consent Calendar.

4. PUBLIC HEARING- None.

5. NEW BUSINESS

5-A. EMERGENCY REPAIR OF WATER MAIN ON BRIGHTWOOD STREET –

ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC WORKS CONTRACT WITH W.A. RASIC WITHOUT THE NEED FOR

COMPETITIVE BIDDING TO COMPLETE EMERGENCY WATER MAIN

REPAIRS

On June 12, 2024, Public Works staff identified a water main leak on the 1100 block of Brightwood Street. Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a Public Works contract with W.A. Rasic Construction Company, Inc. for water main line repair work, at Brightwood Street, without the need for competitive bidding. The contract would be for an amount not to exceed $115,000.

CEQA (California Environmental Quality Act)
Since the proposed work is a minor alteration to an existing public facility, this project is Class 1 Categorically Exempt pursuant to the California Environmental Quality Act (CEQA).

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Action Taken: The City Council adopted Resolution No. 2024-R63 authorizing the City Manager to execute a Public Works contract with W.A. Rasic Construction Company, Inc., in the amount of $115,000, without the need for competitive bidding to complete emergency repairs of the water main on Brightwood Street; and appropriated $115,000 to the FY 2024- 2025 Budget from the Water Operation Fund for the cost of the repair work.

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

Resolution No. 2024-R63

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
STANDARD PUBLIC WORKS AGREEMENT WITH W.A. RASIC
CONSTRUCTION COMPANY, INC. WITHOUT THE NEED FOR COMPETITIVE

BIDDING FOR THE EMERGENCY REPAIR OF THE WATER MAIN AT

BRIGHTWOOD STREET

6. CITY COMMUNICATIONS (CITY COUNCIL)

CITY COUNCIL COMMUNICATIONS

Council Member Sanchez talked about his appreciation with the art collaboration located at The Vincent Price Museum and spoke about National Farmers Market Day and National Dog Day.

Council Member Lo shared his appreciation to the Recreation and Community Services Department for the Tree Memorial Ceremony dedicated to three previous Council Members and to city staff for the previous Meet with the Mayor held at Venice Room. He spoke of his attendance at the grand opening of the Holiday Inn, Meet Fresh, the Monterey Park Delta Treatment Plant, Evergreen Center and T.P Banh Bao. He mentioned his planned participation in National Night Out and Movie Night at the Park.

Council Member Yiu mentioned her attendance at the same events, talked about the stock market and encouraged residents to research/engage in investing opportunities.

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Mayor Pro Tem Ngo spoke of his participation in the same events, and highlighted his attendance at the Saturn Park Development Workshop, the League of California’s City Division Dinner for the installation of Mayor Michael Kao and the Fujian Chamber of Commerce meeting.

Mayor Wong expressed his appreciation for the events hosted by the Recreation and Community Services department, and the work done by the Public Works department. He spoke about his attendance to the same events, highlighted the launch of the Pasadena’s all electric police fleet, and congratulated Mayor Michael Kao for his installation as the President of the League of California’s City Division.

7. FUTURE AGENDA ITEMS

Council Member Sanchez directed staff to implement a Resolution declaring the month of August as Back-to-School Month.

Mayor Wong directed staff to research vacant/underutilized parcels around the city that may be used as an opportunity for development.

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

ADJOURNMENT
There being no further business for consideration, the meeting was adjourned at 9: 02 p.m.

__________________________
Maychelle Yee
City Clerk

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

MINUTES

MONTEREY PARK CITY COUNCIL

FINANCING AUTHORITY (MPFA)

HOUSING AUTHORITY (MPHA)

GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD)

SUCCESSOR AGENCY (SA)

SPECIAL MEETING
AUGUST 12, 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, Monday , August 12, 2024, at 5:00 p.m.

CALL TO ORDER:

Mayor Wong called the meeting to order at 5:04 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 Manager Inez Alvarez, Assistant City Manager Diana Garcia, Deputy City Attorney Justin Tamayo, 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, Fire Chief Chris Thompson, Planning Manager Beth Chow, Deputy City Clerk Cindy Trang

VIRTUALLY PRESENT: None.

AGENDA ADDITIONS, DELETIONS, CHANGES AND ADOPTIONS: None.

PUBLIC COMMUNICATIONS: None.

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1. NEW BUSINESS

1-A. ONE-YEAR TIME EXTENSION FOR TENTATIVE MAP NO. 73741 (TM-18-01) – 130-206 SOUTH CHANDLER AVENUE, ALSO IDENTIFIED BY ASSESSOR’S PARCEL NUMBERS 5257-004-019, 5257-004-020, AND 5257-004-021 Latigo Canyon Development, LLC (“Applicant”) requests a one-year extension for its tentative map. This application results from a series of actions concerning a 40- unit senior housing complex at 130-206 South Chandler Avenue. Consideration of this project commenced in 2016 and was most recently considered in 2023. At that time, the City Council extended the tentative map for the project (TM -18-01) until April 1, 2024. Without additional Council action to extend TM-18-01, however, the tentative map will expire on August 12, 2024. Other parts of the overall project, e.g., the conditional use permit, will require noticing and a public hearing before the City Council at a later date.

Adopting the proposed resolution would extend the expiration date for TM -18-01 until April 1, 2025.

CEQA (California Environmental Quality Act):

The City reviewed the environmental impacts of the extension under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq., the “CEQA Guidelines”). CEQA Guidelines §§ 15060(c)(2), 15061(b)(3), and 15378 exempt activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, activities where there is possibility that it may have a significant effect on the environment, and activities that do not constitute a “project” as defined, respectively. This activity contemplates extending the expiration date of a tentative map and is for general policies and procedure- making. Accordingly, this activity is exempt from further review. Additionally, the environmental impacts regarding this request were adequately reviewed in accordance with the IS/MND adopted by Resolution No. 12135. Consequently, the findings set forth in Section 3 of Resolution No. 12135 are incorporated by reference as if fully set forth.

Public Speaker:

- Steven P. Scandura, Attorney from the Law Offices of Steven P. Scandura, provided general information and was available for questions.

Action Taken: The City Council adopted Resolution No. 2024- R64 approving a time extension for Tentative Map No. 73741 (TM-18-01).

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Motion: Moved by Council Member Lo and seconded by Mayor Pro Tem Ngo, 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

Resolution No. 2024-R64

A RESOLUTION APPROVING A ONE -YEAR EXTENSION FOR TENTATIVE MAP NO. 73741 (TM-18-01) TO SUBDIVIDE PROPERTY LOCATED AT 130-206

SOUTH CHANDLER AVENUE

1-B. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY PARK,

CALIFORNIA, DECLARING AND RECOGNIZING THE MONTH OF AUGUST 2024 AS NATIONAL BACK-TO-SCHOOL MONTH

Adopting a Resolution declaring and recognizing the month of August 2024 as National Back-To-School Month.

Action Taken: The City Council adopted Resolution No. 2024-R65 declaring and recognizing the month of August 2024 as National Back-To-School Month.

Motion: Moved by Council Member Sanchez and seconded by Council Member Yiu, 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

Resolution No. 2024-R65

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY PARK,

CALIFORNIA, DECLARING AND RECOGNIZING THE MONTH OF AUGUST 2024 AS NATIONAL BACK-TO-SCHOOL MONTH

ADJOURNMENT
There being no further business for consideration, the meeting was adjourned at 5:21 p.m. in memory of Sefarino Rodriguez, a military veteran and longtime resident of the city.

__________________________
Maychelle Yee
City Clerk
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MISSION STATEMENT
The mission of the City of Monterey Park is to provide excellent service, foster growth and opportunity, and create a joyous and collaborative environment.

MINUTES

MONTEREY PARK CITY COUNCIL

FINANCING AUTHORITY (MPFA)

HOUSING AUTHORITY (MPHA)

GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD)

SUCCESSOR AGENCY (SA)

SPECIAL MEETING
AUGUST 21, 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 Room 266, Second Floor of City Hall located at 320 West Newmark Avenue in the City of Monterey Park, Wednesday, August 21, 2024, at 5:30 p.m.

CALL TO ORDER:

Mayor Wong called the meeting to order at 5:41 p.m.

FLAG SALUTE:

Mayor Wong led the flag salute.

ROLL CALL:

City Manager Alvarez called the roll:

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

ALSO PRESENT: City Manager Inez Alvarez, City Attorney Karl Berger, Assistant City Manager Diana Garcia, Assistant City Attorney Tim Campen, Deputy City Attorney Solange Fortenbach,

VIRTUALLY PRESENT: None

AGENDA ADDITIONS, DELETIONS, CHANGES AND ADOPTIONS: None.

PUBLIC COMMUNICATIONS: None.

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[1.] CLOSED SESSION

1-A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION - GOVERNMENT CODE § 54956.9(d)(1) – Three Cases:

Atlantic Square, LLC, dba TRC v. City of Monterey Park, et al. (Raising Cane’s Restaurants, LLC, real party in interest) (filed February 17, 2023) LASC Case No. 23AHCP00074.

Atlantic Square, LLC, dba TRC v. City of Monterey Park, et al. (Raising Cane’s Restaurants, LLC, real party in interest) (filed August 31, 2023) LASC Case No. 23AHCP00375.

People of the State of California and the City of Monterey Park v. Edward Chan, et al. (filed March 7, 2024) LASC Case No. 24NNCV00087.

1-B. CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION (Gov’t.

Code § 54956.9(d)(4)). Number of potential cases: one
.

Potential defendants and properties listed below (not required by applicable law; voluntarily disclosed):

Atlantic Square, LLC, Terramar Retail Centers, LLC, and Does 1- 25. 2000-2290 South Atlantic Boulevard.

RECONVENE & ADJOURNMENT
The City Council reconvened from Closed Session with all Council Members present.

The meeting was adjourned at 6:13 p.m.

Action Taken: No reportable action taken in Closed Session.

__________________
Maychelle Yee
City Clerk

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

MINUTES

MONTEREY PARK CITY COUNCIL

FINANCING AUTHORITY (MPFA)

HOUSING AUTHORITY (MPHA)

GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD)

SUCCESSOR AGENCY (SA)
RE

GULAR MEETING
AUGUST 21, 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 Regular Meeting of the Council in the Council Chamber, located at 320 West Newmark Avenue in the City of Monterey Park, Wednesday, August 21 , 2024, at 6:30 p.m.

CALL TO ORDER:

Ma
yor Wong called the meeting to order at 6:31 p.m.

FLAG SALUTE:

The Monterey Park Police Explorers led the flag salute. Pledge of A llegiance were
pr esented by Civic Superstar s Nia and Vless Cervantes.

ROLL CALL:

City Clerk Maychelle Yee called the roll:

ENDA ADDITIONS, DELETIONS, CHANGES AND ADOPTIONS
None.
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PUBLIC COMMUNICATIONS

- Carol Sullivan and Bob Gin invited the Council Members and the community to the Annual Library Foundation Gala on October 25, 2024. Carol expressed her appreciation to the City Council and the community for the support and Celebration of Life for late husband Larry Sullivan.

- Maychelle Yee spoke as a resident and expressed her viewpoint on individuals who do not respect the law . She summarized leaving out information, facts, omitting details and telling half -truth is the same as lying and encouraged the behavior to stop.

STAFF COMMUNICATIONS

- City Clerk’s Office: Deputy City Clerk Trang presented a PowerPoint presentation about the General Municipal Election on November 5, 2024. She spoke about key dates in the election, information that will be on the ballot, location of vote centers, resources that can be accessed through the city’s website and outreach efforts through the usage of banners and social media across the city.

- Finance: Financial Services Manager Borjon presented a PowerPoint presentation regarding the transition of the new online payment program of permits, utilities and miscellaneous transactions through InvoiceCloud. She spoke about reduc ing staff guesswork, eliminat ing inbound phone calls from customers, decreas ing the uncertainty in payments and standardizing the checkout experience.

- Police Department: Police Chief Wiese provided a PowerPoint presentation on updates in the Police Department. Chief Wiese spoke about the July Neighborhood Engagement Team (NET) service calls for the months of July/ August 2024 in comparison to the previous fiscal year, and the outreach efforts used to educate the residents on specific numbers they should call for certain situations and different ways parents can drop off their children at school to avoid traffic incidents.

1. PRESENTATION
The matters listed under presentation are informational content and for discussion only.

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1-A. WARE UPDATES

Liya Ding, Vice President of Public Relations ; and Martin Figueroa, Contract Manager of Ware Disposal provided an update about the upcoming trash service in the city. Vice President Ding expressed her appreciation for the support received from the ribbon cutting of the brand-new Ware Customer Support Center located in Monterey Park . She encouraged residents to visit the new office to educate themselves on the types of containers and services available to the neighborhood and spoke about ways Ware Disposal will be accommodating residents once services are activated after the Labor Day weekend.

Contract Manager Martin Figueroa provided updates on the status of bin distributions in the city, and the outreach efforts through the mailing of informational brochures before the launch day.

2. OLD BUSINESS – None.

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

Action Taken: The City Council approved and adopted Agenda Item Nos . 3A, 3B, 3C, 3E, and 3H on Consent Calendar, excluding Item Nos. 3D, 3F, and 3G which were already heard, reading resolutions and ordinances by the title only and waiving further reading thereof.

Motion: Moved by Mayor Pro Tem Ngo and seconded by Council Member Yiu, 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. MINUTES

Approving the minutes from the regular and special meetings of May 1, 2024.

Action Taken: The City Council approved the minutes from the regular and special meetings of May 1, 2024, on Consent Calendar.

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3-B. MONTHLY INVESTMENT REPORT – JULY 2024

As of July 31, 2024, invested funds for the City of Monterey Park total $93,364,041.73.

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

3-C.

ACCEPTANCE OF $1.5 MILLION IN FEDERAL EARMARKED FUNDS FOR UPGRADES AT FIRE STATION 61

The City of Monterey Park was notified in November 2023 that United States Senator Alex Padilla had secured $1.5 million in federal funding for upgrades at Fire Station 61. The funding will be used to upgrade the living quarters at Fire Station 61.

Action Taken: The City Council (1) accepted $1.5 million in federal earmarked funds for Fire Station 61 design and remodeling upgrades; (2) adopted Resolution No. 2024-R66 to add Fire Station 61 upgrades to the Fiscal Year 2024-25 Capital Improvement Program; and (3) authorized the Finance Department to allocate $1.5 million in earmarked grant funding to the FY 2024- 25 budget, on Consent Calendar.

Resolution No. 2025-R66
A RESOLUTION AMENDING RESOLUTION NO. 2024 -R48 TO ADD FIRE STATION 61 UPGRADES TO THE CAPITAL IMPROVEMENT PLAN (“CIP”) AND

FINDING SUCH AMENDMENT CONFORMS WITH THE GENERAL PLAN

3-D.

CONSIDERATION OF ADOPTION OF THE MONTEREY PARK ECONOMIC

DEVELOPMENT STRATEGIC PLAN

The attached EDSP provides a comprehensive framework to guide the City’s economic development efforts over the next five years. The Plan aims to foster a vibrant and sustainable local economy that benefits all residents and businesses through nine key strategies.

Through input received through the community engagement process and consultants, the City prepared the EDSP (Attachment 1) for City Council consideration. A draft of the EDSP was made available for public review from July 17 through 31, 2024. The EDSP Acti on Plan (Attachment 2), is included as informational only and will guide the City’s implementation actions should the EDSP be adopted.

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CEQA (California Environmental Quality Act):

The City reviewed the environmental impacts of the draft Resolution 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 intended to promote economic development. Any subsequent construction or development will be evaluated separately under the CEQA Guidelines.

Accordingly, the draft Resolution is exempt from further review.

Public Speaker:

- Jairo conveyed his support of the Economic Development Strategic Plan (EDSP) and highlighted the importance of creating a walkable space, that will reduce carbon dioxide emissions , increase frequency of public transits, create a protected network of bike lanes, and increase adoption of zero emission vehicles and electric bicycles.

Discussion: Economic Development Manager Joseph Torres introduced Roger Dale, Managing Principal of The Natelson Dale Group, Inc. to present the final draft of the EDSP.

Roger Dale, Managing Principal of The Natelson Dale Group, Inc. presented a PowerPoint depicting the culmination efforts from the yearlong community research to prepare an EDSP. He spoke about the interaction with the Business Improvement District Advisory Committee (BIDAC) and the Economic Development Advisory Commission (EDAC), interviews with the City Council and community workshops.

Action Taken: The City Council a dopted the Monterey Park Economic Development Strategic Plan (the “EDSP”) to establish a framework for guiding the City’s economic development efforts over the next five years.

Motion: Moved by Council Member Lo and seconded by Council Member Yiu, 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

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3-E. ONE-YEAR TIME EXTENSION FOR TENTATIVE MAP NO. 82607 (TM-20-03) – 126 NORTH NEW AVENUE, ALSO IDENTIFIED BY ASSESSOR’S PARCEL NUMBERS 5286-019-013 AND 5286-019-014

Chateau Group USA (“Applicant”) submitted an application for a second one-year time extension to record the final subdivision map related to a 63- unit residential development with a subdivision of air rights for townhome purposes (“Whitmore Villas project”). The Applicant timely filed this application on June 27, 2024 to extend the effectiveness of TM-20-03 from July 21, 2024 to July 21, 2025.

CEQA (California Environmental Quality Act):

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 Project is consistent with the Mitigated Negative Declaration and Mitigation Monitoring Program adopted by City Council on July 21, 2021 per Resolution No. 12259. No additional environmental review is necessary.

Action Taken: The City Council a dopted Resolution No. 2024-R67 approving a time extension for Tentative Map No. 82607 (TM-20-03), on Consent Calendar.

Resolution No. 2024-R67

A RESOLUTION APPROVING A ONE -YEAR EXTENSION FOR TENTATIVE MAP NO. 82607 (TM -20-03) TO SUBDIVIDE AND DEVELOP A 63 -UNIT RESIDENTIAL DEVELOPMENT AT 126 NORTH NEW AVENUE (ASSESSOR PARCEL NUMBERS 5286-019-013 AND 5286-019-014)

3-F. AGREEMENT FOR THE COLLECTION OF CIVIC WASTE

The City must make arrangements for the collection and disposal of solid waste generated at city-owned facilities and City right-of-ways. Accordingly, the City must enter into an agreement with one of the City’s approved commercial waste haulers for trash, recycling and organic waste services. It is recommended that the City Council authorize the City Manager to execute an agreement with Ware Disposal, Inc. for the collection of Civic Waste for an annual amount of $194,000, plus annual CPI adjustments for the Los Angeles-Long Beach-Anaheim region. The proposed agreement will renew annually until the term of the franchise agreements ends on August 31, 2031.

Action Taken: The City Council authorized the City Manager to execute an agreement with Ware Disposal Inc., in a form approved by the City Attorney, for collecting Civic Waste for an annual amount of $194,000; and appropriated $194,000 from Fund 506 – Building Maintenance to the FY 2024- 25 Budget for waste collection services.

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Motion: Moved by Council Member Yiu and seconded by Mayor Pro Tem Ngo, 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-G. TRAFFIC SIGNAL AND COMMUNICATIONS PLAN AND DESIGN

AGREEMENT

The City received Measure R funds from the Los Angeles County Metropolitan Transportation Authority (“LACMTA”) for the Adaptive Traffic/Traffic Responsive Control System Project. In August 2023, City Council awarded a contract to Advantec Consulting Engineers to prepare Phase 1 of the City of Monterey Park’s Adaptive Traffic/Traffic Response Control Systems project. Following completion of Phase 1, staff requests City Council authorize the City Manager to execute an Amendment to Agreement 2381-A with Advantec Consulting Engineers, Inc., in an amount not to exceed $689,354, for the preparation of Phase 2 of the City of Monterey Park’s Adaptive Traffic/Traffic Responsive Control Systems project. The term of the Agreement would be extended through June 30, 2026.

Action Taken: The City Council received and fil ed the Traffic Signal Communications Plan, Adaptive Traffic/Traffic Responsive Control System Project – Phase 1; and authorized the City Manager to execute an Amendment to Agreement 2381-A with Advantec Consulting Engineers, for an additional amount of $689,654, for Phase 2 of the project to include preparation of the designs and plans for implementation of recommended improvements.

Motion: Moved by Council Member Lo and seconded 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

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3-H. NOTICE OF COMPLETION – VARIOUS CAPITAL IMPROVEMENT PROJECTS

Pursuant to City Council Resolution No. 11701, the Public Works Director is authorized to record a Notice of Completion for Capital Improvement Projects (“CIP”). The City recently completed CIP 95018, 95019, 95020, 95021, 95022, and 95024 – City Parks Playground Replacement Project. Upon completion, the work was inspected and approved by the City Engineer. It is recommended that the City Council receive and file the Notice of Completion recorded by the Public Works Director for these projects.

Action Taken: The City Council received and filed the Notice of Completion recorded by the Public Works Director on July 23, 2024 accepting the City Parks Playground Replacements Project completed by R.E. Schultz Construction, Inc ., on Consent Calendar.

4. PUBLIC HEARING

4-A. A PUBLIC HEARING TO CONSIDER INTRODUCTION AND FIRST READING OF ZONING CODE AMENDMENT NO 24 -01 (ZCA -24-01), AN ORDINANCE

AMENDING THE MONTEREY PARK MUNICIPAL CODE TO IMPLEMENT THE

HOUSING ELEMENT TO THE GENERAL PLAN

The Housing Element (“HE”) plans the housing growth, development and redevelopment within the City. ZCA -24-01 proposes to implement the HE by amending Title 21 to the MPMC including changes to residential density limits, multi-family residential parking standards, regulations for supportive housing, emergency shelters, and group housing.

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”). The previous CEQA documents adopted by the City Council (see, Resolution Nos. 12124 and 2022-R2) adequately analyze the changes contemplated by this Ordinance. No additional CEQA review is required.

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August 21, 2024
Public Speaker:

- City Clerk Yee received and filed into the record one written communication from Linda Tang, a resident of Monterey Park. Tang wrote about the City’s action to amend the Monterey Park Municipal Code to implement the housing element to the general plan. She urged the city to hold a discussion on whether these sites (APN: 5255 -008-900, APN: 5255 -008-901, APN: 5255- 008-902) are surplus sites that would be subject to the Surplus Land Act and be prioritized for the development of affordable homes for lower incom e families in the city. She recommended to have these sites listed on the map to allow non-profit affordable housing developers an opportunity to build affordable housing in the community.

Discussion: Community Development Director Serrano provided a PowerPoint presentation on the item.

Action Taken: The City Council opened the public hearing at 8:16 p.m and received documentary and testimonial evidence; and after closing the public hearing at 8:17 p.m. and considering the evidence submitted during that public hearing, introduced and waived the first reading of an Ordinance amending the Monterey Park Municipal Code (“MPMC”) to implement the Housing Element under ZCA-24-01.

Motion: Moved by Council Member Sanchez and seconded by Mayor Pro Tem Ngo, 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

Ordinance 1
st Reading, entitled:

AN ORDINANCE IMPLEMENTING THE GENERAL PLAN HOUSING ELEMENT BY MAKING CERTAIN CHANGES TO TITLE 21 OF THE MONTEREY PARK

MUNICIPAL CODE (MPMC)

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5. NEW BUSINESS

5-A. CONSIDERATION AND POSSIBLE ACTION TO INTRODUCE AND WAIVE

FIRST READING OF AN ORDINANCE ADOPTING AN ENGINEERING AND

TRAFFIC SURVEY FOR HELLMAN AVENUE BETWEEN ATLANTIC

BOULEVARD AND NEW AVENUE, AND REDUCING THE SPEED LIMIT ON

HELLMAN AVENUE, BETWEEN GARFIELD AVENUE AND NEW AVENUE, FROM 35 MPH TO 30 MPH

The City’s consultant, Transtech Engineers, Inc., completed the ETS pursuant to California law including, without limitation, California Vehicle Code section 627, for the purpose of establishing safe and reasonable speed limits. These may be enforced using radar at pre-determined locations. The ETS recommends reducing the speed limit on Hellman Avenue, between Garfield Avenue and New Avenue from 35 miles-per-hour (“MPH”) to 30 MPH. No changes are proposed to the speed limit on Hellman Avenue between Atlantic Boulevard and Garfield Avenue (which is currently at 30 MPH).

Accordingly, the Public Works Director (“Director”) recommends that the City Council consider introducing and waiving first reading of the attached Ordinance which adopts the ETS, declares that the speed limit on Hellman Avenue, between Garfield Avenue and New Avenue, is 30 MPH and directs the City Manager, or designee, to erect signage to that effect.

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 § 15303 exempts activity that results in new construction or conversion of small structures. If adopted, the Ordinance revises the speed limit on Hellman Avenue, between Garfield Avenue, and New Avenue, which requires installation of level street signage. Accordingly, the Ordinance is exempt from further review.

Discussion: Public Works Director, Shawn Igoe presented a staff report on the first reading of an Ordinance to reduce the speed limit on Hellman Avenue, between Garfield Avenue and New Avenue, from 35 mph to 30mph, and the types of measures that can be implemented to encourage residents to slow down on the streets.

Action Taken: The City Council introduced and waiv ed first reading for an Ordinance reducing the speed limit on Hellman Avenue, between Garfield Avenue and New Avenue, from 35 mph to 30 mph.

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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

Ordinance 1st Reading, entitled:

AN ORDINANCE ESTABLISHING SPEED LIMITS FOR CERTAIN LOCATIONS AS PROVIDED BY MONTEREY PARK MUNICIPAL CODE § 10.32.010(B) IN ACCORDANCE WITH VEHICLE CODE § 22357 BASED UPON AN
ENGINEERING AND TRAFFIC SURVEY AS DEFINED BY VEHICLE CODE § 627

6. CITY COMMUNICATIONS (CITY COUNCIL)

Council Member Sanchez showed his appreciation to the Parks and Recreations team for organizing the Dodger night and is open to the idea of a second Dodger night. Council Member Sanchez mentioned his attendance at the Promotion Ceremony hosted by the Police Department and stated his appreciation of all the hard work staff has done in the city. Lastly, Council Member Sanchez addressed alleged accusations about corruption and lies and urged the public to do research before coming up with conclusions.

Council Member Lo showed his appreciation to the staff and highlighted the Parks and Recreations team for hosting events outside of the city.

Council Member Yiu spoke of her attendance at the Small Business Expo and Networking Event at the Holiday Inn & Suites located in the city and urged residents to attend these events to communicate and cater to their business needs.

Council Member Yiu conveyed that she agreed with Council Member Sanchez about the allegations of corruption and lies and expressed no tolerance for it.

Mayor Pro Tem Ngo highlighted his appreciation to the Parks and Recreations team and the Police Department for all their hard work in hosting events. Mayor Pro Tem Ngo mentioned that he attended the Asian American Economic Development Enterprises (AAEDE) Job and Career Fair with Mayor Wong and spoke to a large group of attendees about the process of finding jobs and the types of jobs that are available in the San Gabriel Valley.

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Mayor Wong said that he attended many of the same events as t he City Council and emphasized the attendance of the upcoming Saturn Park Advisory Committee.

Mayor Wong requested the city to come up with ideas to prepare the region for an increase in tourism with the 2028 Los Angeles Olympics (LA28) occurring in four years. Mayor Wong directed staff to get in contact with the LA28 team and share the city’s openness for collaboration.

7. FUTURE AGENDA ITEMS

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

ADJOURNMENT
There being no further business for consideration, the meeting was adjourned at 8:40 p.m.

__________________________
Maychelle Yee
City Clerk

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

MINUTES

MONTEREY PARK CITY COUNCIL

FINANCING AUTHORITY (MPFA)

HOUSING AUTHORITY (MPHA)

GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD)

SUCCESSOR AGENCY (SA)

SPECIAL MEETING
SEPTEMBER 4, 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, September 4, 2024, at 5:30 p.m.

CALL TO ORDER:

Mayor Wong called the meeting to order at 5:04 p.m.

FLAG SALUTE:

Mayor Wong led the flag salute.

ROLL CALL:

City Manager Alvarez called the roll:

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

ALSO PRESENT: City Manager Inez Alvarez, City Attorney Karl Berger , Assistant City Manager Diana Garcia, Director of Public Works Shawn Igoe

VIRTUALLY PRESENT: None

AGENDA ADDITIONS, DELETIONS, CHANGES AND ADOPTIONS: None.

PUBLIC COMMUNICATIONS: None.

[1.] OPEN SESSION

1-A. APPOINTMENT OF REAL PROPERTY NEGOTIATORS

Action Taken: By consensus, the City Council appointed the City Manager, Assistant City Manager, Director Finance, and City Attorney as the real property negotiators for Closed Session Item No. 2-A.

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[2.] CLOSED SESSION
The City Council adjourned to Closed Session at 5:40 p.m.

2-A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS - GOVERNMENT CODE § 54956.8: 1 item (HA)

Property:
1000 Abajo Drive, APN 5254-002-902
City Negotiators: Inez Alvarez, City Manager
Karl H. Berger, City Attorney
Diana Garcia, Assistant City Manager
Martha Garcia, Director of Finance
Negotiating Parties: Christopher Kolbenschlag, Valued Housing Under Negotiation: Price and term of payment

2-B. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code section 54956.9(d)(2): one.

Facts and Circumstances: No disclosure required per Government Code section 54956.9(e)(1) (not yet known to a potential plaintiff or plaintiffs).

RECONVENE & ADJOURNMENT
The City Council reconvened from Closed Session with all Council Members present.

The meeting was adjourned at 6:15 p.m.

Action Taken: No reportable action taken in Closed Session.

__________________
Maychelle Yee
City Clerk

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

MINUTES

MONTEREY PARK CITY COUNCIL

FINANCING AUTHORITY (MPFA)

HOUSING AUTHORITY (MPHA)

GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD)

SUCCESSOR AGENCY (SA)

REGULAR MEETING
SEPTEMBER 4, 2024

CALL TO ORDER:

Mayor Wong called the meeting to order at 6:32 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, Director of Finance Martha Garcia, Police Chief Scott Wiese, Fire Chief Chris Thompson, Director of Human Resources and Risk Management Christine Tomikawa, Director of Community Development Jessica Serrano, Director of Recreation and Community Services Robert Aguirre, City Librarian Kristin Olivarez, Director of Public Works Shawn Igoe, Fire Marshal Jessica Estrella, Economic Development Project Manager Joseph Torres, Assistant Deputy City Clerk Helena Cho, Recreation Program Coordinator Alejandra Espinosa.

VIRTUALLY PRESENT: None.

AGENDA ADDITIONS, DELETIONS, CHANGES AND ADOPTIONS: None.

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PUBLIC COMMUNICATIONS

- Ken Sesma, resident, expressed his concern regarding the legality of operating food trucks and the usage of Cascades Park’s waterfall as a pool. He also spoke about the new recycl e trash bins provided by W are Disposal becoming a potential theft issue among residents.

- Maychelle Yee, resident, thanked Mayor Wong and Council Member Sanchez for reminding the public that they can share their concerns and issues with the city. She expressed her frustration about the city’s attempt to overturn the voter approved general plan for Saturn Park.

STAFF COMMUNICATIONS

- City Clerk’s Office: Helena Cho, Assistant Deputy City Clerk provided information on where residents can register to vote on National Voter Registration Day taking place on September 17, 2024. She talked about the key dates for the election, and the information that will be on the ballots. She specified the locations of vote centers and ballot drop-off boxes, and additional resources about the City’s election that can be located through The City’s website. Assistant Deputy City Clerk Cho responded to questions about outreaching to schools and social media to encourage young voters to register to vote.

- Library: Kristin Olivarez , City Librarian provided updates on the upcoming programs and outreach events to promote library sign- ups for the residents.

She spoke about Library Outreach Month and encouraged residents to sign up for a free library card. City Librarian Olivarez responded to questions about a potential event for teachers to take place in the library.

- Recreation and Community Service: Recreation Program Coordinator Alejandra Espinosa spoke along with Director of Recreation and Community Services Robert Aguirre about upcoming events for the Recreation and Community Services Department . Coordinator Espinosa highlighted health screenings/seminars and after school youth programs. Director Aguirre presented the Electric Park event and the upcoming Monster Mash Family Event.

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1. PR ESENTATION

The matters listed under presentation are informational content and for discussion only.

1-A. WARE UPDATES

Jay Ware, General Manager of Ware Disposal, provided an update on the first week of new trash service. He talked about the influx of calls and in- person visits from residents and expressed gratitude towards the patience they have received throughout the week. He took questions and comments from the City Council about future compost service buckets that will be provided to the residents once the transition has settled.

2. O
LD BUSINESS : None.

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

Action Taken: The City Council approved and adopted Agenda Item Nos . 3A, 3B, 3C, 3D, 3E, 3F, 3G, & 3H, on Consent Calendar, excluding Item Nos. 3I, 3J, and 3K which w ere pulled for separate discussion, reading resolutions and ordinances by the title only and waiving further reading thereof. Council Member Sanchez announced a conflict of interest for item No. 3J as he resides within 500 feet of the project site.

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

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3-A. 2023-2024 ANNUAL INVESTMENT REPORT

The City's Investment Policy requires an annual investment report and a statement of investment policy to be submitted to the City Council for review annually. The attached annual report shows that all investment activities during 2023- 24 were conducted according to the City’s Fiscal Year 2023-24 Investment Policy.

Action Taken: The City Council received and file the 2023-24 Annual Investment Report and adopted Resolution No. 2024- R68 authorizing the Treasurer to implement the City’s Investment Policy for FY 2024-25, on Consent Calendar.

Resolution No. 2024-R68
A JOINT RESOLUTION OF THE CITY OF MONTEREY PARK; THE

SUCCESSOR AGENCY TO THE MONTEREY PARK REDEVELOPMENT
AGENCY; THE MONTEREY PARK FINANCING AUTHORITY; THE MONTEREY PARK HOUSING AUTHORITY; AND THE GEOLOGIC HAZARD ABATEMENT

DISTRICT ADOPTING AN INVESTMENT POLICY AND AUTHORIZING THE

TREASURER AND CITY MANAGER TO IMPLEMENT THE POLICY

3-B. MAK FIRE PROTECTION ENGINEERING AND CONSULTING

PROFESSIONAL SERVICES AGREEMENT

The Fire Department seeks City Council consideration to authorize the City Manager to execute a Professional Services Agreement with MAK Fire Protection Engineering and Consulting Inc. for plan check services for the Fire Prevention Division.

Action Taken: The City Counc il a uthorized the City Manager to execute an agreement with MAK Fire Protection Engineering and Consulting, in a form approved by the City Attorney, on Consent Calendar.

3-C. APPROVING AGREEMENT BETWEEN THE CITY AND THE MONTEREY PARK PROFESSIONAL CHIEF OFFICERS’ ASSOCIATION MODIFYING

MEMORANDUM OF UNDERSTANDING LANGUAGE FOR THE TERM OF JULY 1, 2023 TO JUNE 30, 2025

The Council authorized an additional Battalion Chief position during the Fiscal Year 2023- 2024 budget process. The City of Monterey Park (“City”) and MPPCOA met and conferred to amend the Memorandum of Understanding (“MOU”) language to incorporate language related to a 40- hour Battalion Chief position. The agreed upon MOU language provides different hourly rates of pay, leave accruals, and overtime hours.

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Action Taken: The City Council a uthorized the City Manager to execute Amendment between the City of Monterey Park and the Monterey Park Professional Chief Officers’ Association (“MPPCOA”) in a form approved by the City Attorney, on Consent Calendar.

3-D. LIBRARY CARD SIGN-UP MONTH RESOLUTION

The Monterey Park Bruggemeyer Library is celebrating the month of September as Library Card Sign-Up Month. Since 1987, Library Card Sign-up Month has been held each September to mark the beginning of the school year. During the month, the American Library Association and libraries unite in a national effort to encourage everyone to register for a free card at their local public library.

Action Taken: The City Council adopted Resolution No. 2024-R69 declaring the month of September 2024 as Library Card Sign-Up Month in Monterey Park , on Consent Calendar.

Resolution No. 2024-R69

RESOLUTION DECLARING THE MONTH OF SEPTEMBER AS LIBRARY CARD

SIGN-UP MONTH

3-E. AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH COSTAR REALTY INFORMATION, INC. FOR COMMERCIAL REAL ESTATE

DATA SUBSCRIPTION SERVICES

The City of Monterey Park’s Economic Development Division requires comprehensive and reliable commercial real estate data to support business attraction and retention efforts and other initiatives of the Division. After evaluating various commercial real estate subscription platforms, the Community Development Director determined that CoStar’s data and analytical capabilities best meet the City’s needs.

Action Taken: The City Council authorized the City Manager to retroactively execute an agreement with CoStar Realty Information Inc. (CoStar), in a form approved by the City Attorney, for an annual subscription to utilize its commercial real estate data services costing approximately $5,040 per year , on Consent Calendar.

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3-F AUTHORIZE THE CITY MANAGER TO EXECUTE AN AMENDMENT TO AN

AGREEMENT WITH INGRAM KERN CONSULTING, LLC

The Community Development Director requests that the City Council to authorize the City Manager to execute an amendment to existing Agreement No. 2161- A with IK Consulting, increasing the contract amount by $73,500 for a total not to exceed amount of $207,920 for professional services related to upgrades to Accela, the City’s permitting system. The term for this agreement is set to expire May 31, 2027.

Action Taken: The City Council authorized the City Manager to execute an amendment to existing Agreement No. 2161-A with Ingram Kern Consulting, LLC (“IK Consulting”) to increase the contract by $73,500 for a total not to exceed amount of $207,920 for professional services related to upgrades to Accela, the City’s permitting system, on Consent Calendar.

3.G WAIVE FURTHER READING AND ADOPT ZONING CODE AMENDMENT NO.24-01 (ZCA-24-01), AN ORDINANCE AMENDING THE MONTEREY PARK

MUNICIPAL CODE TO IMPLEMENT THE HOUSING ELEMENT TO THE

GENERAL PLAN

The Ordinance was introduced and received first reading at the August 21, 2024 City Council meeting. The original staff report (from August 21, 2024) is attached for reference. Second reading and adoption of this Ordinance is recommended. If adopted, the ordinance will take effect in 30 days.

Action Taken: The City Council waived the second reading and adopted Ordinance No. 2247, on Consent Calendar.

Ordinance No. 2247

AN ORDINANCE IMPLEMENTING THE GENERAL PLAN HOUSING ELEMENT BY MAKING CERTAIN CHANGES TO TITLE 21 OF THE MONTEREY PARK

MUNICIPAL CODE (MPMC)

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3-H. WAIVE FURTHER READING AND ADOPT AN ORDINANCE ADOPTING AN

ENGINEERING AND TRAFFIC SURVEY FOR HELLMAN AVENUE BETWEEN

ATLANTIC BOULEVARD AND NEW AVENUE, AND REDUCING THE SPEED

LIMIT ON HELLMAN AVENUE, BETWEEN GARFIELD AVENUE AND NEW AVENUE, FROM 35 MPH TO 30 MPH

The ETS recommends reducing the speed limit on Hellman Avenue, between Garfield Avenue and New Avenue from 35 miles-per-hour (“MPH”) to 30 MPH. No changes are proposed to the speed limit on Hellman Avenue between Atlantic Boulevard and Garfield Avenue (which is currently at 30 MPH). Accordingly, the Public Works Director (“Director”) recommends that the City Council consider introducing and waiving first reading of the attached Ordinance which adopts the ETS, declares that the speed limit on Hellman Avenue, between Garfield Avenue and New Avenue, is 30 MPH and directs the City Manager, or designee, to erect signage to take effect.

Action Taken: The City Council waived the second reading and adopt ed Ordinance No. 2248, on Consent Calendar.

Ordinance No. 2248

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3-I. WAIVE SPIRIT BUS FARES FOR CLEAN AIR DAY 2024

It is recommended that City Council waive the fare to the Spirit Bus on Wednesday, October 2, 2024, in celebration of California Clean Air Day. California Clear Air Day is a statewide initiative dedicated to raising awareness about and promoting a collective effort to improve air quality. Free rides on the Spirit Bus will promote public transportation and reduce traffic and the City’s carbon footprint through the reduction of automobile emissions. This action will support the City’s Going Green initiative to encourage the community to consider environmentally friendly activities such as using alternative forms of transportation. LA County Metro and Montebello Bus Lines, both who provide public transportation service to the City, also participate in free fares for California Clean Air Day.

Action Taken: The City Council w aived Spirit Bus fare for riders on October 2, 2024 in honor of California Clean Air Day , as amended to waive Spirit Bus fares for the entire week starting September 30, 2024 through October 5, 2024.

Motion: Moved by Mayor Pro Tem Ngo and seconded by Council Member Yiu, 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-J. FLORAL DRIVE TRAFFIC IMPROVEMENT – SHORT TERM PLAN

Staff submitted an application for the Active Transportation Program (ATP) Cycle 7 Grant to fund the Floral Drive Traffic Improvement Long-Term Plan, which aims to implement permanent traffic measures along Floral Drive. In the interim, staff have developed a short-term plan to implement the temporary measures. Staff recommends that the City Council accept plans and specifications for the Floral Drive Traffic Improvement Project– Short Term Plan.

CEQA (California Environmental Quality Act):

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Discussion: Public Works Director Igoe presented the staff report and a PowerPoint presentation depicting the location and proposed changes for the project site.

Action Taken: The City Council adopted Resolution No. 2024-R70 and approved the plans and specifications for the Floral Drive Traffic Improvement Project – Short Term Plan. Council Member Sanchez announced a conflict of interest as his primary residence is within 500 feet of the project site and left the dais and did not participate on this item.

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

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

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

Resolution No. 2024-R70

A RESOLUTION APPROVING THE DESIGN AND PLANS FOR FLORAL DRIVE TRAFFIC IMPROVEMENT – SHORT TERM PLAN PROJECT PURSUANT TO GOVERNMENT CODE § 830.6

3-K. BRUGGEMEYER LIBRARY IMPROVEMENTS – AUTHORIZE PURCHASE OF 26 NEW HVAC UNITS FROM CARRIER CORPORATION

The Bruggemeyer Library HVAC units have reached the end of their useful service life and are due for replacement. Capital Improvement Project (“CIP”) No. 95038 – Building Forward Library Facilities Improvements Program allows for the replacement of the City library’s HVA C units. Staff recommends the City Council authorize the City Manager to waive bidding requirements and enter into an agreement, through Source well cooperative pricing, with Carrier Corporation for the purchase of 26 HVAC units in the amount of $332,435.72, plus a contingency amount not to exceed $10,000.00.

CEQA (California Environmental Quality Act):

The City reviewed the environmental impacts of the extension under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq., the “CEQA Guidelines”). CEQA Guidelines §§ 15060(c)(2), 15061(b)(3), and 15378 exempt activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, activities where there is possibility that it may have a significant effect on the environment, and activities that do not constitute a “project” as defined, respectively. This activity contemplates 96 of 637
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purchasing equipment only. Subsequent installation and C onstruction will be evaluated separately under CEQA. Accordingly, this activity is exempt from further review.

Recommendation: It is recommended that the City Council consider (1) w aiving the bidding requirements pursuant to Monterey Park Municipal Code §

3.20.050(4), and authorizing the City Manager to execute a contract with Carrier Corporation, in a form approved by the City Attorney, not to exceed $332,435.72 for the purchase 26 New HVAC Units for the Bruggemeyer Library; (2) authorizing the Director of Public Works to approve change orders and contingency up to $10,000; and (3) taking such additional, related, action that may be desirable.

Discussion: Director of Public Works , Igoe, answered questions about the different HVAC unit options and the potential price difference it would be to implement the units. Director Igoe emphasized there wouldn’t be a price change for the cost of the units itself, but rather the electrical improvements needed to support the new units. Director Igoe stated delaying this process will have a Consumer Price Index increase which would be about $50,000 to $100,000 more.

Action Taken: By consensus, the City Council continued this item to the next council meeting to address the recommendation raised by council to research different HVAC unit options that are more efficient and affordable.

3-L.

RECEIVE AND FILE STAFF REPORT SUMMARIZING THE STATUS OF THE

EMERGENCY REPAIRS OF THE WATER MAIN AT BRIGHTWOOD STREET

AND TERMINATE OF LOCAL EMERGENCY

On August 5, 2024, City Council adopted Resolution 2024-R63 authorizing the City Manager to take necessary measures for emergency repair of a water main line on Brightwood Street. Construction is near complete. It is recommended that City Council adopt a resolution terminating the local emergency. This staff report also serves as a status of the work that has been completed.

Action Taken: The City Council r eceived and filed the staff report summarizing the status of emergency repairs , and a dopted Resolution No. 2024-R71 terminating the local emergency governing the emergency repairs of the water main at Brightwood Street

Resolution No. 2024-R71

A RESOLUTION ADOPTED BY THE CITY COUNCIL TERMINATING THE

BRIGHTWOOD STREET WATERLINE REPAIR LOCAL EMERGENCY

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4. P UBLIC HEARING

4-A. CONSIDERATION AND POSSIBLE ACTION TO ADOPT A RESOLUTION

APPROVING A SECOND ONE -YEAR TIME EXTENSION FOR CONDITIONAL USE PERMIT (CUP -18-01) TO CONSTRUCT 40 -UNIT SENIOR CITIZEN HOUSING DEVELOPMENT AT 130-206 SOUTH CHANDLER AVENUE

Latigo Canyon Development, LLC (“Applicant”) requests a second one- year extension for Conditional Use Permit (CUP -18-01). CUP-18-01 was approved by the City Council on February 5, 2020 to allow a 40- unit senior housing development. During the COVID-19 Pandemic (the “Pandemic”), the City Council, among other things, extended the expiration of all entitlements, including CUP-18- 01, until April 1, 2023. On May 17, 2023, the Council adopted Resolution No. 2023- R40 which granted the Applicant a one- year time extension until April 1, 2024, to allow additional time to record the final map and exercise the CUP related to the construction of 40 senior housing units. It is in the best interest of the City to grant this time extension because the Applicant is demonstrating good faith efforts towards meeting the requirements for the construction of new housing units that will help provide additional housing opportunities for the community and meet the goals set forth in the General Plan, Housing Element (“HE”). Adopting the proposed resolution will retroactively extend the expiration date for CUP -18-01 from April 1, 2024, to April 1, 2025.

CEQA (California Environmental Quality Act):

The City reviewed the environmental impacts of the extension under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq., the “CEQA Guidelines”). CEQA Guidelines §§ 15060(c)(2), 15061(b)(3), and 15378 exempt activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, activities where there is possibility that it may have a significant effect on the environment, and activities that do not constitute a “project” as defined, respectively. This activity contemplates extending the expiration date of a conditional use permit. Accordingly, this activity is exempt from further review. Additionally, the environmental impacts regarding this request were adequately reviewed in accordance with the IS/MND adopted by Resolution No. 12135. Consequently, the findings set forth in Section 3 of Resolution No. 12135 are incorporated by reference as if fully set forth.

Public Speakers:

- Steven Scandura and Kenny Gao, representing Latigo Canyon LLC, provided information on the current status of their project.

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Discussion: Community Development Director Serrano presented a PowerPoint presentation detailing the background of the Senior Housing Development and consideration of a C onditional Use Permit (CUP -18-01) extension for the benefit of the City.

Action Taken: The City Council opened the public hearing at 7:43 p.m. to receive documentary and testimonial evidence and after closed the public hearing at 7:44 p.m. and consider ed the evidence, and adopted Resolution No. 2024-R72 approving a time extension for Conditional Use Permit (CUP-18-01)

Motion: Moved by Council Member Lo and seconded by Council Member Yiu, 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

Resolution No. 2024-R72

A RESOLUTION APPROVING A SECOND ONE -YEAR EXTENSION FOR CONDITIONAL USE PERMIT (CUP -18-01) TO DEVELOP A 40 -UNIT SENIOR CITIZEN HOUSING DEVELOPMENT AT 130-206 SOUTH CHANDLER AVENUE

5. NE
W BUSINES S- None.

6. CITY COMMUNICATIONS (CITY COUNCIL)

6-A. A RESOLUTION OF THE CITY COUNCIL OF MONTEREY PARK, CALIFORNIA, DECLARING AND PROCLAIMING SEPTEMBER 15 THROUGH OCTOBER 15, 2024 AS NATIONAL HISPANIC HERITAGE MONTH

Adopting a Resolution of the City Council of Monterey Park, California, declaring and proclaiming September 15 through October 15, 2024 as National Hispanic Heritage Month.

Action Taken: The City Council a dopted Resolution 2024-R73, declaring and proclaiming September 15 through October 15, 2024 as National Hispanic Heritage Month.

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

Aye
s: Council Members: Sanchez, Lo, Yiu, Ngo, Wong
Noes: Council Members: None

Absent: Council Members: None
Abstain: Council Members: None
Recusal: Council Members: None
Resolution No. 2024-R73

A RESOLUTION OF THE CITY COUNCIL OF MONTEREY PARK, CALIFORNIA, DECLARING AND PROCLAIMING SEPTEMBER 15 THROUGH OCTOBER 15, 2024 AS NATIONAL HISPANIC HERITAGE MONTH

CITY COUNCIL COMMUNICATIONS
Council Member Sanchez t alked about the mass shooting that occurred in Apalachee High School located in the state of Georgia on September 4, 2024.

Council Member Sanchez considered drafting a letter to Apalachee High School and the State of Georgia to express the City’s condolences on the lives lost that day.

Council Member Lo spoke about bringing a resolution to mark next month as Domestic Violence Awareness Month. He stated his attendance at the West San Gabriel Valley Realtors Legislative Lūʻau and expressed the importance of housing in the community. Council Member Lo welcomed the opening of new business Sky One Eleven and the reopening of Daniel’s Jewelers
Council
Member Yiu shared her experience with the Apple Vision Pro Glasses over the Labor Day Weekend. Council Member Yiu highlighted the glasses’ 3D capabilities and encouraged everyone to try the new product.

M
ayor Pro Tem Ngo talked about his attendance at West San Gabriel Valley Realtors Legislative Lūʻau, Maryville’s open house and Union Church’s Health Fair.

Mayor Pro Tem Ngo spoke about the Chinese American Citizens Alliance (C.A.C.A) Lodge Celebration where Council Member Lo is the vice president and welcomed Sky One Eleven, a new business in the city.

Mayor Wong requested the City Council to consider acting on supporting Los Angeles County Measure G . Mayor Wong also mentioned attending the same events as Mayor Pro Tem Ngo. Mayor Wong expressed his appreciation for the participants in the Saturn Park Advisory Review Committee and the City Hall staff for their efforts in the future of Saturn Park.
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September 4, 2024

7. FUTURE AGENDA ITEMS None

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

ADJOURNMENT
There being no further business for consideration, the meeting was adjourned at 8:10 p.m.

__________________________
Maychelle Yee
City Clerk

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

MINUTES

MONTEREY PARK CITY COUNCIL

SPECIAL COMMUNITY MEETING
SEPTEMBER 9, 2024

The City Council of the City of Monterey Park held a Special Community Meeting of the Council at Cook’s Tortas, 1944 S. Atlantic Blvd in the City of Monterey Park, California 91754 on Monday, September 9, 2024, at 5:00 p.m.

ROLL CALL:

Deputy City Clerk Cindy Trang called the roll:

Council Members Present: Vinh Ngo, Jose Sanchez, Thomas Wong Council Members Absent: Henry Lo, Yvonne Yiu

ALSO PRESENT: City Manager Inez Alvarez, 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 Dir ector Jessica Serrano, Director of Human Resources and Risk Management Christine Tomikawa, Police Chief Scott Wiese, Fire Chief Chris Thompson, Economic Development Manager Joseph Torres, Senior Account ant June Leung, Economic Specialist Janice Huang

MEETUP WITH THE MAYOR

I. Welcome: Meeting was called to order at 5:16 p.m.

II. Community members are invited for casual conversations and to learn more about the City with the Mayor of Monterey Park
III. Adjournment at 5:45 p.m.

__________________________
Maychelle Yee
City Clerk

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Staff Report
November 6, 2024
City Council Staff Report
DATE: November 6, 2024
AGENDA ITEM NO: Consent Calendar - 3B
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-24-01) a Development Agreement by and between the City of Monterey Park and Atlantic Square, LLC (TRC) to facilitate improvements on and adjacent to the Atlantic Square Shopping Center located at 2100 South Atlantic Boulevard; ta activate the Business Recovery Development Agreement Zone (“BRDZ”) in Monterey Park Municipal Code Chapter 21.45; and to amend the zone map (ZA-24- 02).

RECOMMENDATION:

It is recommended that the City Council consider:

1. Waiving the second reading and adopting the proposed ordinance DA-24-01 and amending the zoning map (ZA-24-02); and

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

EXECUTIVE SUMMARY:

The Ordinance was introduced and received first reading at the October 16, 2024 City Council meeting. The original staff report (from October 16, 2024) is attached for reference. Second reading and adoption of these Ordinances is recommended. If adopted, the ordinance will take effect in 30 days (December 6, 2024).

Respectfully submitted by: Prepared by:

Jessica Serrano
Director of Community
Development
Beth Chow, AICP
Planning Manager
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Staff Report

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November 6, 2024

Approved by:

Inez Alvarez
City Manager
Karl H. Berger
City Attorney

ATTACHMENTS:

1. Ordinance - Development Agreement (DA-24-01)

2. City Council Staff Report, dated October 16, 2024 (without attachments)

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Staff Report
November 6, 2024

ATTACHMENT 1
Ordinance - Development Agreement
(DA-24-01)

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ORDINANCE NO. _____

AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT BY

AND BETWEEN THE CITY OF MONTEREY PARK AND ATLANTIC

SQUARE, LLC, D/B/A TRC, A DELAWARE LIMITED LIABILITY

COMPANY, TO FACILITATE DEVELOPMENT OF AN EXISTING
SHOPPING CENTER; AND TO ACTIVATE THE BUSINESS RECOVERY
DEVELOPMENT AGREEMENT ZONE (“BRDZ”) IN MONTEREY PARK
MUNICIPAL CODE CHAPTER 21.45.

THE CITY COUNCIL DOES ORDAIN AS FOLLOWS:

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

A. Atlantic Square, LLC, d/b/a TRC, a Delaware limited liability company (“Developer”) proposes 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 incorporated by reference.

B. The Development Agreement activates the Business Recovery Development Agreement Zone (“BRDZ”) which allows the Developer to add new restaurant, commercial, and entertainment uses (the “Project”) to an existing shopping center commonly known as “Atlantic Square” (the “Property”). The proposed Project was reviewed by the City for, in part, consistency with the General Plan and conformity with the MPMC;

C. In addition, the City reviewed the Project’s environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the “CEQA Guidelines”);

D. The City completed its review and scheduled a public hearing regarding the proposed Project, before the City Council for October 16, 2024. Notice of the public hearing on the proposed Project was posted and mailed as required by the MPMC;

E. On October 16, 2024, the City Council conducted a public hearing to consider the Project including, without limitation, this Ordinance and the Development Agreement;

F. The City Council reviewed the proposed project, conditions of approval, and related environmental aspects of the Project as required by the MPMC at the October 16, 2024 public hearing; and

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City of Monterey Park
Ordinance No. XXXX

Page 2 of 6 ends

G. The City Council has carefully considered all pertinent testimony and the staff report offered in the case as presented at the public hearing of October 16, 2024; and

H. This Ordinance, and its findings, are based upon the entire administrative record considered during the October 16, 2024 public hearing including, without limitation, the staff report and accompanying documents.

SECTION 2. Findings. Pursuant to Government Code § 65867.5, the City Council finds the following:

A. The Development Agreement is consistent with the General Plan of the City of Monterey Park. The Development Agreement furthers the goals of the General Plan and is in the interest of the general community welfare in that the Development Agreement will, among other things, facilitate the development of the subject site that is currently improved but is experiencing significant vacancies and is underutilized, which is consistent with the following General Plan policies:

1. LU Policy 1.1 – to ensure zoning regulations provide flexibility regarding allowed uses.

2. LU Policy 2.1 – to provide flexible and clear development standards to allow commercial, professional, industrial institutional, and hospitality businesses and uses to expand and thrive economically.

3. LU Policy 10.1 – Ensure zoning regulations provide flexibility regarding allowed uses.

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

SECTION 3. Environmental Review. The City conducted an environmental review of the Project under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq.), and the CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.) (“CEQA”) and determined it is categorically exempt pursuant to CEQA Guidelines § 15302 as a Class 2, replacement or reconstruction project. Under CEQA Guidelines § 15004(b)(4), the Development Agreement comprises a preliminary agreement not subject to CEQA insofar as the Intersection Improvements and New Drive-Thru are concerned.

SECTION 4. Notice of Determination. The City Manager, 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.
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Ordinance No. XXXX

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SECTION 5. General Plan and Zoning. The proposed project conforms to the Monterey Park General Plan, as set forth in Section 2. In addition, the proposed Project is anticipated to increase commercial and retail uses – including eateries – within an underutilized portion of the existing Atlantic Square shopping center (the “Shopping Center”).

SECTION 6. Public Benefits. The Development Agreement provides for public benefits including, without limitation:

A. Development of new and relevant land uses within the Shopping Center that is currently experiencing vacant buildings.

B. Development of land uses that will complement surrounding commercial land uses with low impacts on existing infrastructure and minimal burdens on surrounding properties.

C. Generation of additional sales tax and property tax.

D. Improvement of the public right of way along South Atlantic Avenue.

E. Installation of enhanced landscaping along the Shopping Center’s northern portion and right of way.

F. Construction of a traffic signal and other intersection improvements adjacent to the north side of the Shopping Center.

SECTION 7. Incorporation 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 into this Ordinance by reference.

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

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 Mayor 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 108 of 637
City of Monterey Park
Ordinance No. XXXX

Page 4 of 6 ends

memoranda as permitted by the Development Agreement, in a form approved by the City Attorney.

SECTION 8. BRDZ Activation. Pursuant to MPMC § 21.45, the BRDZ is activated for the Project Site identified in the DA. Combined with the regulations governing the Project Site by the MPMC and this Ordinance, the DA will regulate all land uses on the Project Site.

SECTION 9. Zone Map Amendment. Pursuant to MPMC § 21.45.020 (F), the Monterey Park Zoning Map is amended to reflect the BRDZ overlays as set forth in attached Exhibit “B,” which is incorporated by reference.

SECTION 10. Construction. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.

SECTION 11. 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 12. Reliance on Record. Each and every one of the findings and determinations in this Ordinance are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the matter. The determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole.

SECTION 13. Limitations. The City Council’s analysis and evaluation of the project is based on the best information currently available. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the City Council’s lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are the limitations on the City's a bility 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. 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.
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Ordinance No. XXXX

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SECTION 15. 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 16. Publications. 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 posted in accordance with California law.

SECTION 17. Recording. 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, within fifteen days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.

SECTION 18. Effective Date. This Ordinance becomes effective on the 30 th day
following its passage and adoption.

ORDINANCE NO. ___ HAD ITS FIRST READING ON OCTOBER 16, 2024, ITS SECOND READING ON NOVEMBER 6, 2024 AND WAS DULY PASSED, APPROVED,

AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MONTEREY PARK AT ITS REGULAR MEETING OF OCTOBER 16, 2024.

Thomas Wong, Mayor

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City of Monterey Park
Ordinance No. XXXX

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ATTEST:
________________________________
Maychelle Yee, City Clerk
APPROVED AS TO FORM:
________________________________
Karl H. Berger, City Attorney
Exhibit A: Development Agreement - DA 24-01
Exhibit B: Zone Map Amendment - ZA 24-02
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Exhibit A:

Development Agreement -
DA-24-01
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167659690.14

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

CITY OF MONTEREY PARK
320 West Newmark Avenue
Monterey Park, CA 91754
Attention: City Clerk
EXEMPT FROM RECORDER’S FEES
Pursuant to Government Code § 6103
(Space Above For Recorder’s Use)

DEVELOPMENT AGREEMENT
By And Among
City of Monterey Park
And
Atlantic Square, LLC
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1 167659690.14

DEVELOPMENT AGREEMENT
This DEVELOPMENT AGREEMENT (this “Agreement”) is entered into as of the Effective Date (defined below) by and between (1) the CITY OF MONTEREY PARK, a general law city and municipal corporation (“City”), and (2) ATLANTIC SQUARE, LLC, d/b/a TRC, a Delaware limited liability company (“TRC” or “Developer”), as follows:

RECITALS
A. To strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs and risk of development, the California Legislature enacted Government Code §§65864, et seq. (“Development Agreement Statute”). The Development Agreement Statute authorizes City to enter into binding development agreements with developers having a legal or equitable interest in real property, establishing certain development rights in such property.

B. Pursuant to the Development Agreement Statute, City adopted regulations implementing the Development Agreement Statute as codified in the Monterey Park Municipal Code (“MPMC”).
1 This Agreement was processed and approved in accordance with the Development Agreement Statute and MPMC.

C. TRC owns and operates the Atlantic Square Shopping Center (the “Shopping Center”) at 2100 S. Atlantic Boulevard, Monterey Park, CA 91754. The real property comprising the Shopping Center is legally described in attached Exhibit A, which is incorporated by reference (the “Property”).

D. Developer proposes to implement or allow tenants or others to implement various improvements at the Shopping Center and for City to consider whether to implement certain improvements adjacent to, and serving, the Shopping Center, and for City to consider whether to approve certain entitlements for the Shopping Center, as follows (together, these comprise the “Combined Improvements”):

1. Developer will apply for City approval of a new signalized intersection as generally depicted in attached Exhibit B, which is incorporated by reference (“Intersection Improvements”). The Parties acknowledge that the Intersection Improvements may, at Developer’s option, be undertaken by Developer’s tenant or other entity , in which case Developer must cause such tenant or other entity to comply with all applicable provisions of this Agreement.

2. Developer will apply for City approval of a new drive-thru restaurant use within the Shopping Center as generally depicted in attached Exhibit C, which is incorporated by reference (“New Drive-Thru”). The Parties acknowledge that the New Drive-Thru may, at Developer’s option, be undertaken by Developer’s tenant or other entity, in which case Developer must cause such tenant or other entity to comply with all applicable provisions of this Agreement.

1 See MPMC Chapter 21.44.
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3. This Agreement allows certain restaurant, commercial, entertainment and other uses at the Shopping Center and imposes custom development standards appropriate for each, all in accordance with the allowable uses and development standards described in attached Exhibits D (“Atlantic Square Allowable Uses (BRDZ)”) and E (“Atlantic Square Development Standards (BRDZ)”), which are incorporated by reference.

Developer anticipates remodeling and reconstructing Building C to accommodate such uses, as generally described in Exhibit H (collectively, the “Shopping Center Modernization Improvements” project), which is incorporated by reference.

E. City and Developer determined a development agreement is appropriate for the Combined Improvements to activate the Business Recovery Development Agreement Zone (“BDRZ”).
2 F. The City Council determined that the Shopping Center Modernization Improvements and, if approved by City, the Intersection Improvements and New Drive-Thru will provide certain public benefits to warrant entering into this Agreement. Those benefits are listed in Section 5.1 of this Agreement. In addition, this Agreement will facilitate orderly growth and quality development of the Combined Improvements in conformance with the goals and policies of the Monterey Park General Plan, Land Use Element.3
H. City conducted an environmental review of the Shopping Center Modernization Improvements project under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq.), and the CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq .) (“CEQA”) and determined it is categorically exempt pursuant to CEQA Guidelines § 15302 as a Class 2, replacement or reconstruction project. Under CEQA Guidelines § 15004(b)(4), this Development Agreement comprises a preliminary agreemen t not subject to CEQA insofar as the Intersection Improvements and New Drive-Thru are concerned.

I. Pursuant to MPMC § 2.56.020(c), the City Council found this Agreement and its purposes are consistent with the goals, policies, standards, and land use designations specified in the Monterey Park General Plan and will provide for an orderly development of the Shopping Center Modernization Improvements and, if approved , the Intersection Improvements and New Drive-Thru in accordance with the objectives set forth in the Monterey Park General Plan and MPMC.

J. On _________ 2024, the City Council adopted Ordinance No. _________ approving this Agreement including rezoning of the Property as BRDZ (the “Initial Project Approvals” for the Shopping Center Modernization Combined Improvements). The Initial Project Approvals became effective on ____________ 2024.

K. The term or duration of this Agreement has a commensurate relationship to the benefit(s) provided to City.

2 As codified in MPMC Chapter 21.45.
3 As adopted pursuant to Measure JJ on November 3, 2020. 115 of 637

3 167659690.14
ARTICLE 1

DEFINITIONS

1.1. Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this Agreement. Words and phrases not defined in this Section have the meaning set forth in this Agreement; the MPMC; the Development Agreement Statute; or in common usage.

1.2. “Applicable Rules” means all of the ordinances, rules, regulations and officials policies governing the Combined Improvements as set forth in Article 3. without limitation, the City’s zoning regulations and building regulations, adopted as of the Effective Date. Among other matters, the Applicable Rules set forth and govern the permitted uses of land, the density or intensity of use, subdivision requirements, setbacks, and development standards, the provision for reservation or dedication of land for public purposes, and the design, improvement and construction guidelines, standards and specifications applicable to the development of the Property.

1.3. “CEQA” has the meaning defined in Recital H.

1.4. “City” means the City of Monterey Park and its successors and assigns.

1.5. “City Council” means the City Council of Monterey Park, its governing body.

1.6. “Combined Improvements” has the meaning established in Recital D and the exhibits referenced therein, which are incorporated by reference.

1.7. “Combined Improvements Approvals” has the meaning set forth in Section 3.4.

1.8. “Developer” means, individually, and “Developers” means, collectively, the Parties who have signed this Agreement as Developer, and, subject to the restrictions on assignment set forth herein, successor owners.

1.9. “Development Impact Fees” means fees established and adopted pursuant to the Mitigation Fee Act (Government Code §§ 66000, et seq.) and the MPMC. Development Impact Fees do not mean or include Processing Fees. The Develop ment Impact Fees to be paid for the Combined Improvements are set forth in attached Exhibit F, which is incorporated by reference.

1.10. “Development Agreement Regulations” means MPMC Chapter 21.44.

1.11. “Development Agreement Statute” has the meaning set forth in Recital A. 116 of 637

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1.12. “Discretionary” means a City action or approval requiring the exercise of judgment, deliberation, or discretion on City’s behalf, including that of any board, agency, commission, officer, or employee in the process of approving or disapproving a particular activity, as distinguished from any ministerial activity which merely requires City to determine whether there has been compliance with statues, ordinances, or regulations.

1.13. “Effective Date” means _____________________, which is the date the Term commences and is the date the Initial Project Approvals become effective.

1.14. “General Plan” means the City of Monterey Park General Plan, as it exists as of the Effective Date.

1.15. “Initial Project Approvals” has the meaning set forth in Recital J.

1.16. “Intersection Improvements” has the meaning set forth in Recital D.

1.17. Minor Change” means changes, modifications, or adjustments which are consistent with the overall intent of the Combined Improvements Approvals and which do not materially alter the overall nature, scope, or design of the Combined Improvements including, without limitation, minor changes in locations of the Combined Improvements Buildings or infrastructure, relocation of no more than 30% of the total approved leasable Combined Improvements Building square footage, the construction or provision of additional parking spaces within the building envelope of any Parking Areas, and/or the configuration of internal circulation elements.

1.18. “New Drive-Thru” has the meaning set forth in Recital D.

1.19. “Party” means, individually, and “Parties” means, collectively, the parties to this Agreement, consisting of City (and its successors and assigns) and Developer (including, subject to the restrictions on assignment set forth herein, successor owners).

1.20. “Processing Fees” means all processing fees and charges required by 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 does not mean or include Developer Fees.

1.21. 1.22. “Property” has the meaning set forth in Recital D.

1.23. “Shopping Center Modernization Project” has the meaning set forth in Recital D. 117 of 637

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1.24. “Subsequent Permits” is defined in Section 4.1.1.

1.25. “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.

1.26. “Vested Rules” are defined in Section 3.1.

ARTICLE 2

GENERAL PROVISIONS

2.1. Property Subject to This Development Agreement . This Agreement benefits and encumbers the Property. The Property is to be developed with the Shopping Center Modernization Improvements and, if approved by City, the Intersection Improvements and New Drive -Thru, subject to the terms and conditions set forth herein.

2.2. Term of Agreement. The Term of this Agreement commences upon the Effective Date and continues in full force and effect for five years pursuant to MPMC § 21.44.020(E) unless terminated earlier by its terms (“Term”).

ARTICLE 3

APPLICABLE RULES, REGULATIONS, AND POLICIES

3.1. Vested Rules. “Vested Rules” mean, collectively, the ordinances, resolutions, rules, regulations, requirements, and official policies of City in effect as of the Effective Date which govern the following, to the extent applicable to the Property: development agreements; permitted uses; density and building intensity; growth control; zoning designations and regulations; subdivision, improvement, grading, landscaping and signage; design, development, improvement, and construction standards and specifications; standards and requirements for public reservations and dedications, public improvements and facilities; transit, parking, open space, employee housing and affordable housing; standards and requirements for processing of Subsequent Permits (as defined in Section 4.1.1); and the Combined Improvements Approvals described in Section

3.4. The Vested Rules do not include: (i) Uniform Codes, or changes thereto from time to time; (ii) Development Impact Fees or fee calculation methods; or (iii) fees imposed by other governmental agencies, whether or not collected by City on behalf of such agencies. A list of the Vested Rules as of the Effective Date is attached as Exhibit G, and incorporated by reference.

Various Subsequent Permits, such as tentative subdivision maps, grading permits and use permits, are or may be required in order to implement the development of the Combined Improvements under the terms of the Vested Rules. In addition, Subsequent Permits, such as a change in zoning 118 of 637

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standards, may be desirable due to changes in development products or standards or for other reasons during the Term of this Agreement. This Agreement and the vested right to develop are not intended to preclude changes or additions to the Vested Rules which are mutually acceptable.

Developer takes notice pursuant to Government Code § 66020(d) that City is imposing exactions upon the Combined Improvements 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. Developer knowingly and willingly waives any rights it may have under Government Code § 66020 or any other provision of law to protest the imposition of any fees, dedications, reservations, or exactions imposed on the Combined Improvements as authorized by this Agreement.

3.2. Uniform Codes Not Vested. Section 3.1 does not apply to City’s enforcement of the “Uniform Codes” regulating building or construction standards which will apply to the Combined Improvements at the time City issues building permits.

3.3. Changes to the Vested Rules. All Subsequent Permits will be processed in accordance with the procedures, standards, and requirements set forth in the Vested Rules, except to the extent changes to the Vested Rules are proposed by the Subsequent Permit. In that case, the processing of the Subsequent Permit is not subject to the Vested Rules. Any approved Subsequent Permit will be incorporated into (and amend or supplement, as appropriate) the Vested Rules upon adoption by City and approval by the affected Developer. If Developer propos es any amendment or addition to the Vested Rules, then the application therefor will clearly indicate such request, and, if the application is approved by City, then City’s action will clearly state the Vested Rules were amended or supplemented. City must consider any such request in its sole discretion. If an amendment or supplement to the Vested Rules is adopted by City other than pursuant to an application by Developer, then it may amend or supplement to Vested Rules only if the affected Developer approved the same in writing.

3.4. Combined Improvements Approvals. “Combined Improvements Approvals” means: (a) the Initial Project Approvals ; (b) the CEQA Determination; (c) any amendments or additions to the Initial Project Approvals applied for by Developer and approved by City; and (d) and any Subsequent Permits (as defined in Section 4.1.1) which are subsequently issued by City upon application by Developer (or with Developer’s written consent in Developer’s sole and absolute discretion), in accordance with the procedures described in Section 3.1. The Combined Improvements Approvals are included in the Vested Rules. The permitted uses, the density or intensity of use, the zoning, the maximum height and size of buildings, the provisions for reservation and dedication of land, and the subdivision or use permit improvement requirements for the Combined Improvements are set forth in Exhibits D and Exhibit E as supplemented by Subsequent Permits issued in conformance with the Vested Rules.

3.5. Vested Right to Develop. During the Term of this Agreement, with regard to the Combined Improvements listed in Recital D and the Property legally defined in Exhibit A, Developer is assured, and City agrees, the development rights, obligations, terms and conditions specified in the Combined Improvements Approvals, the other Vested Rules, and this Agreement are fully vested in Developer and may not be changed or modified by City, whether by 119 of 637

7 167659690.14
administrative action, legislative action, or vote of the electorate, except as may be expressly permitted by and in accordance with the terms and conditions of this Agreement, or as may be expressly consented to by Developer. Developer has the vested right to develop and construct the Combined Improvements on the Property and each portion thereof, in accordance with the Combined Improvements Approvals, the other Vested Rules, and this Agreement.

3.6. No Conflicting Enactments. Except as provided in Section 3.5 of this Agreement, during the Term of this Agreement, City will not, without the prior written consent of Developer, do any of the following:

3.6.1 Apply to the Property, or any portion thereof, any change in the Vested Rules or any new or amended rule, ordinance, resolution, regulation, requirement, or official policy which conflicts with or is inconsistent with this Agreement, or which reduces the d evelopment rights provided by this Agreement, or which limits or reduces the permitted uses allowed under the Vested Rules, or which discriminates against Developer or the Combined Improvements or any portion thereof, or which applies only to the Combined Improvements or a portion thereof;

3.6.2 Apply to the Property any new rule, ordinance, resolution, regulation, requirement, or official policy which requires any additional Discretionary review or approval; or

3.6.3 Apply to the Property any new or amended rule, ordinance, resolution, regulation, requirement, or official policy that materially, adversely affects the timing or phasing of construction or development or that limits the availability of utilities, infrastr ucture, or public services for the Property.

3.7. Term of Combined Improvements Approvals. The term of any Combined Improvements Approvals approved for any portion of the Property, whether existing or subsequently approved, is hereby automatically extended for the Term of this Agreement. A development moratorium adopted or implemented by City does not apply to the Property, as further described in Section 3.9. The term of this Agreement and all Combined Improvements Approvals are extended for a period equal to any period of time during which: (a) a development moratorium exists including, without limitation, a water or wastewater moratorium, or the actions of public agencies (other than City) that regulate land uses, development or providing services to the Property, that prevents, prohibits, or delays the construction of the Combined Improvements; or (b) a lawsuit involving any development approvals or permits for the Combined Improvements is pending. In addition, pursuant to Government Code § 66452.6(a)(1), the term of any tentative map approved for any portion of the Property, whether as stated in the existing Combined Improvements Approvals, or as stated in any subsequent amendment or addition to the Combined Improvements approvals including, without limitation, any tentative parcel map, tentative map, vesting tentative map, or vesting tentative parcel map, any amendment of any such map, and any subdivision improvement agreement entered into in connection with any of the aforementioned maps, will be automatically extended for the Term of this Agreement.

3.8. Initiatives/Referendum. Any law enacted or imposed after the Effective Date by initiative or referendum, or by the City Council, directly or indirectly, in connection with any 120 of 637
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proposed initiative or referendum, which law would conflict with the vested rights to develop granted to Developer under this Agreement will, to the maximum extent permitted by law, not apply to the Property.

3.9. Moratoria; Growth Control Measures. Developer’s rights to develop the Combined Improvements on the Property in conformance with the Vested Rights under this Agreement prevails over any growth control measure or development moratorium adopted or implemented by City after the Effective Date, whether adopted specifically to prohibit construction of the Combined Improvements or any portion thereof, or as an interim measure during the processing of contemplated General Plan, Specific Plan, or zoning changes, or as a general growth control management measure.

3.10. Effect of Inconsistent State or Federal Laws. This Agreement may be modified or suspended as may be necessary to comply with the State of California or Federal legislation, case law, codes, or regulations enacted/issued after the Effective Date, which preempt local jurisdiction and which prevent or preclude compliance with one or more provisions of this Agreement; provided, however, that such modification or suspension will be made to the minimum extent necessary and only after the Parties have met and conferred in good faith to determine the feasibility of such modification or suspension and to minimize its effect on the rights of the Parties and fulfillment of the purposes and intent of this Agreement. The Parties will cooperate to process applications for any City or governmental approvals which may be required as a result of any such modification or suspension of this Agreement.

3.11. Public Works. Developer must construct any facilities or improvements which will be dedicated to City or any other governmental agency upon completion in the same manner and to the same standards as would be applicable to City or such other governmental agency should it have undertaken construction.

3.12. Business Recovery Development Agreement Zone (“BRDZ”). This Agreement is intended to activate the BRDZ as set forth in the MPMC. Pursuant to MPMC Chapter 21.45, this Agreement allows for the following:

3.12.1 Land Uses. See Exhibit D.

3.12.2 Development Standards. See Exhibit E.

ARTICLE 4

PROCESSING AND IMPLEMENTATION OF SUBSEQUENT PERMITS

4.1. Subsequent Permits.

4.1.1 Defined. “Subsequent Permits” means the land use, development, and building approvals which are to be processed for approval by City and which are necessary or 121 of 637

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appropriate in order to develop the Combined Improvements in accordance with the Vested Rules, this Agreement, and the Initial Combined Improvements Approvals, including, without limitation, zone changes, master plans or amendments thereto, any and all permits and/or approvals that are part of development maps, subdivision improvements plans and agreements, design review, site plans, landscape plans, preliminary grading plans, grading plans and permits, building plans and permits, and environmental determin ations. The Subsequent Permits include any permits and approvals required to complete the infrastructure and improvements necessary to develop the Property (collectively, the “Improvements”), in accordance with this Agreement and the Vested Rules including, without limitation, (a) if and when approved by the City Council, (1) the Proposed Intersection Improvements (as defined in Section 4.2 .3(a) below); (2) the Proposed Drive-Thru Approvals (as defined in Section 4.2.3(b) below); and (b) those related to: (1) clearing the Property; (2) preliminary grading or grading of the Property; ( 3) construction of roads and storm drainage facilities; (d) construction of all commercial structures and all structures and facilities accessory thereto, subject to the limitations set forth in this Agreement. The grant of vested rights to Developer pursuant to this Agreement does not waive or remove any requirement to process and obtain Subsequent Permits for the Combined Improvements, to the extent required under the Vested Rules, this Agreement, and the Initial Combined Improvements Approvals.

4.1.2 Standard of Review. City agrees applications for Subsequent Permits will be processed in good faith and granted on terms and conditions in conformance with this Agreement, the Initial Project Approvals, and the Vested Rules. In the event any conflict arises between the terms and conditions of a Subsequent Permit and this Agreement, the provisions of this Agreement prevail unless otherwise agreed to in writing by City and the affected Developer.

4.2. Obligations Relating to Certain Subsequent Permits.

4.2.1 Shopping Center Modernization Improvements City Obligations. City and Developer acknowledge that City has approved, as of the Effective Date, the Shopping Center Modernization Improvements project, consisting of both the Initial Approvals and all Subsequent Permits necessary for the infrastructure improvements to Building C as generally described in Exhibit H., which is incorporated by reference City agrees to cooperate with Developer as necessary, subject to the Parties’ obligations in Section 10.9.1, to cause such Initial Approvals to become Final Approvals.

4.2.2 Shopping Center Modernization Improvements Developer Obligations.

Upon the Initial Approvals becoming Final Approvals, Developer must commence construction of the infrastructure improvements to Building C within 180 days as generally described in Exhibit H.

4.2.3 Intersection Improvements and New Drive-Thru City Obligations. City and Developer acknowledge that Developer previously submitted engineering and design plans for the Intersection Improvements and City has conducted its preliminary review of such engineering and design plans. City will:
(a) By April 30, 2025, bring forward to the City Council for its consideration, all permits and approvals necessary for the Intersection Improvements as generally depicted on Exhibit B with all required encroachment permits and other authorizations for 122 of 637

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Developer to construct and dedicate to City, and for City to accept, the Intersection Improvements (together, the “Proposed Intersection Approvals”).
(b) By April 30, 2025, bring forward to the City Planner for consideration, all permits and approvals for development of the New Drive -Thru as generally depicted on Exhibit C (together, the “Proposed Drive-Thru Approvals”) in accordance with MPMC § 21.32.200.
(c) Subject to City granting the Proposed Intersection Approvals, accept, without unreasonable delay, upon completion, those components of the Intersection Improvements proposed for dedication to the City in the Proposed Intersection Approvals.

4.2.4 Intersection Improvements and New Drive-Thru Developer Obligations.

Developer must, subject to the additional provisions of Section 4.2.5:
(a) Within 60 days of the Effective Date of this Agreement, submit an application to City for demolition of Building A to the extent necessary to accommodate the New Drive-Thru with a request that this demolition permit be processed concurrently with applications for the New Drive-Thru, once submitted.
(b) By December 15, 2024 submit, or cause to be submitted, a design review application and any other permit application required for development of the New Drive - Thru.
(c) Subject to City granting the Proposed Intersection Approvals , and the demolition permit described in Section 4.2.4(a) having been approved and becoming Final Approvals, commence demolition of Building A within 30 days of the Proposed Drive Thru- Approvals,.
(d) Subject to City granting the Proposed Drive-Thru Approvals and the Proposed Intersection Approvals having been approved and becoming Final Approvals, commence construction of the Intersection Improvements within 60 days of such approvals.

4.2.5 Additional Provisions Relating to Intersection Improvements and New Drive-Thru Obligations.
(a) Developer must within 30 days of the Effective Date of this Agreement obtain a cost estimate for completion of the Intersection Improvements shown in Exhibit B. None of Developer’s obligations pursuant to Sections 4.2.4(b) through (d) arise unless and until Developer, in its sole discretion, approves in writing such cost estimate, including any contingency included in such estimate. If Developer has not approved a cost estimate for the Intersection Improvements within 45 days of the Effective Date (the “Intersection Estimate Date”), the parties’ respective obligations described in Sections 4.2.3 and 4.2.4 shall be excused and the parties shall meet and confer for 30 days following the Intersection Estimate Date to determine whether there is a mutually agreeable set of alternative obligations relating to Developer’s plans for the Shopping Center.
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(b) The parties acknowledge and agree that, notwithstanding anything to the contrary in this Agreement, termination or expiration of this Agreement or of Developer’s obligations pursuant to Section 4.2.5(a) above or default by Developer of any of its obligations under this Agreement including, without limitation, Section 4.2.4, will not result in termination of the BRDZ zoning designation established for the Property or the allowable land uses and development standards established for the Property reflected in Exhibit D and Exhibit E, provided Developer satisfies its obligations pursuant to Section 4.2.2. Notwithstanding anything to the contrary elsewhere in this Agreement, this Section 4.2.5(b) will survive termination or expiration of this Agreement.

4.3. Processing. Subject to compliance with the Vested Rules and other applicable laws, the Subsequent Permits will be reviewed, processed, and acted upon by City, provided that: (a) applications for such approvals are submitted to City during the Term of this Agreement; (b) the applications are deemed complete pursuant to the Vested Rules; and (c) there is no uncured Event of Default under the terms and conditions of this Agreement with respect to the portion of the Property for which such approval is sought. City agrees it will not unreasonably withhold or unreasonably condition any Subsequent Permit or other required City action, whether Discretionary or ministerial, necessary in order for the Combined Improvements to proceed, provided that Developer reasonably and satisfactorily complies with all preliminary procedures, actions, payments of Processing Fees, and criterial generally required of developers by City for processing applications for developments and consistent with this Agreement.

4.4. Development Fees. Due to the consideration and benefits as described in Section

5.1, the following apply to the development fees described below:

4.4.1 Development Impact Fees. Developer will pay those Development Impact Fees established and adopted pursuant to the Mitigation Fee Act (Government Code §§ 66000, et seq.) and the MPMC to the extent listed, and in the amounts shown, in Exhibit E. Except for Processing Fees, Developer’s obligations with regard to the payment of any fees in connection with the Combined Improvements or the Combined Improvements Approvals is limited to those Development Impact Fees listed in Exhibit E.

4.4.2 Processing Fees. Developer must pay the Processing Fees in effect on the date the City Council approves this Development Agreement.

4.5. Other Local, State, Federal Approvals. The Parties contemplate that development of the Combined Improvements pursuant to this Agreement may be subject to the approval of other governmental agencies. The Parties will act in good faith and use reasonable effort and diligence to process and obtain such approvals in a manner and on terms and conditions that are consistent with, and implement, this Agreement, the Combined Improvements Approvals and the Vested Rules. If any revisions or corrections of plans for Combined Improvements Approvals approved by City is required by any other governmental agency, then the Parties will cooperate reasonably and in good faith to develop a mutually acceptable solution. 124 of 637

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ARTICLE 5

PUBLIC BENEFITS

5.1. Public Benefits. The Parties acknowledge and agree that Developer’s agreement to perform and abide by the covenants and obligations set forth herein is material consideration for City’s agreement to perform and abide by the covenants set forth herein, including without limitation the following specific public benefits for this Agreement:
• Development of new and relevant uses in the northern portion of the existing Shopping Center, which has had recent vacancies.
• Development of land uses complementary to surrounding commercial land uses and with low impacts on existing infrastructure and minimal burdens on surrounding properties.
• Generation of retail sales tax and property tax.
• Improvement of the public right-of-way along S. Atlantic Boulevard. • Installation of enhanced landscaping along the S. Atlantic Square right-of-way and northern portion of the Shopping Center in connection with the Combined Improvements.
• Payment of operation and maintenance costs for the Intersection Improvements.

5.1.1 Construction and Funding of Combined Improvements Facilities and Infrastructure. Developer must fund or ensure the funding of the construction of the Combined Improvements at the time improvements are needed to satisfy the requirements of the Combined Improvements Approvals. All obligations in Section 5.1 regarding the Intersection Improvements are contingent upon City’s approval of the Intersection Improvements. Except as otherwise specifically set forth herein, Developer has no responsibility for the operation, maintenance, repair or replacement of the Intersection Improvements once construction of such Intersection Improvements is complete. Nevertheless, Developer understands and agrees that it must reimburse City for all regular operation and maintenance costs related to the Intersection Imp rovements, subject to the limitations in Section 5.1.3 below, and any unanticipated maintenance costs.

Developer’s obligations shall not include the costs of repairing damage to the Intersection Improvements caused by third parties.

5.1.2 Dedications. Except as may be shown by Developer on applications submitted to City for Proposed Intersection Approvals and/or Proposed Drive-Thru Approvals, no dedications to City of rights-of-way or other interests in real property owned by Developer within the Property are proposed or required.

5.1.3 Operations and Maintenance Costs. Developer must reimburse City for the operations and maintenance (“O&M”) costs of the Intersection Improvements for the projected lifetime of such Intersection Improvements. The annual O&M costs are projected to be $1,200, annually; the projected lifetime of the Intersection Improvements is 20 years. Developer may reimburse City on a monthly basis or as an annual lump sum amount payable on or before 125 of 637

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December 31st of each year during the Intersection Improvement lifetime. The O&M costs will increase on an annual basis based upon consumer price index, not to exceed 4% per annum. This Section will survive termination of this Agreement. Developer’s obligation for reimbursement to City of O&M costs is capped at 150% of the projected amounts set forth in this Section 5.1.3 regardless of the amount of actual costs incurred by the City.

5.1.4 Extraordinary Maintenance Costs. In addition to the O&M costs, Developer must reimburse City for an extraordinary maintenance costs for the Intersection Improvements resulting from unforeseen events such as fire, storm, or other calamity. City will prepare an invoice for such extraordinary maintenance costs and provide it to Developer within 30 days after maintenance is completed. Developer must pay City within 30 days after receiving such invoice.

Any dispute regarding the amount of such extraordinary maintenance costs will be resolved in accordance with the dispute provisions of this Agreement. This Section will survive termination of this Agreement.

5.1.5 Surety. To secure Developer’s obligations as to the O&M costs, Developer must provide a surety to City, in a form approved by the City Attorney, equal to five years of estimated O&M costs. The surety must remain in place during the duration of the Intersection Improvements lifetime. This Section will survive termination of this Agreement.

ARTICLE 6

REVIEW OF COMPLIANCE

6.1. Annual Review. City will conduct reviews in accordance with applicable law to determine whether Developer is acting in good faith compliance with the provisions of this Agreement. Appropriate fees to cover City’s costs to conduct the annual review will be collected from Developer in compliance with the MPMC.

6.2. Procedure for Review. The City Manager, or designee, will conduct the review contemplated by this Article 6 to ascertain whether Developer reasonably complied in good faith with the material terms and conditions of this Agreement during the period for which the review is conducted. The City Manager, or designee, will give Developer notice that any such review has been commenced, and give Developer at least 20 days to provide the City Manager such information as Developer deems relevant for such review. In addition, upon written request, Developer must furnish such documents or other information reasonably requested by the City Manager.

6.3. Result of Review. If, following such a review, the City Manager, or designee, finds good faith compliance by Developer with the terms and conditions of this Agreement, the City Manager, or designee, will issue to Developer an executed certificate of compliance. The certificate of compliance will state: (a) the Agreement is unmodified and in full force and effect (or identifying any modifications); (b) there are no uncured defaults under the Agreement by the certifying Party or, to the certifying Party’s knowledge, by any other Party (or specifying any such 126 of 637

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defaults); and (c) any other information reasonably requested regarding the status of the Agreement and performance by the Parties.

If, following such a review, the City Manager, or designee, finds that Developer has not complied in good faith with the terms and conditions of the Agreement, the City Manager, or designee, will provide notice to Developer detailing such non-compliance. Upon receipt of such notice, Developer may commence to cure the stated non-compliance in accordance with the terms of this Agreement including, without limitation, Section 8.1. If Developer fails to cure the non- compliance pursuant to the terms of this Agreement including, without limitation, Section 8.1, the City Manager, or designee, may notify the City Council. Developer may dispute any such claim of non-compliance or failure to cure at a public hearing before the Agreement may be modified or terminated.

ARTICLE 7
ASSIGNMENTS; MORTGAGEE PROTECTION

7.1. Right to Assign

7.1.1 Right to Assign. Subject to Section 7.2 of this Agreement with respect to the rights of a mortgagee, Developer may assign or transfer any portion of its interests, rights, or obligations (“Rights”) under this Agreement and the Initial Project Approvals and Subsequent Permits to third parties acquiring successor interests in the Combined Improvements or Property, or any portion thereof including, without limitation, purchasers or long-term ground lessees of the parcels or facilities located on or within the Property.

7.1.2 Assumption of Assigned Obligations and Rights. As a condition to any assignment or transfer under this Agreement, any person or entity accepting such assignment (“Assignee”) must assume all of the obligations and rights of this Agreement as they pertain to the portion of the Property being transferred to the Assignee.

7.2. Right to Mortgage. Developer or its successors may assign, pledge, or otherwise encumber its rights and interests under this Agreement for security purposes to a mortgagee of any defined lot(s) without City’s consent. Nothing contained in this Agreement restricts Developer from encumbering all or any portion of the Property with a mortgage, deed of trust, or other security device (collectively, “Mortgage ”). No breach of this Agreement will default, render invalid, diminish, or impair the lien of any Mortgage or the rights of any mortgagee, but all of the terms and conditions of this Agreement are binding upon and effective against any person, including any mortgagee or any person, who acquires title to the Property, or any portion thereof, by foreclosure, trustee’s sale, deed in lieu for defaults or monetary obligations arising before its acquisition of title to the Property or portion thereof.

7.3. Notice of Default. If City receives written notice from a mortgagee requesting a copy of any notice of default given to Developer and specifying the address for service thereof, then City will deliver to such Mortgagee, concurrently with the delivery to Developer, any notice given to Developer with respect to any claim by City that such Developer is in default hereunder. 127 of 637

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If City makes a determination of noncompliance hereunder and a Mortgagee has requested notice of such determination, City will also serve notice of such noncompliance on such Mortgagee concurrently with service on Developer. Each Mortgagee may, without obligation, during the same period available to Developer hereunder, to cure or remedy, or to commence to cure or remedy, the event of default claimed or the areas of noncompliance set forth in City’s notice.

ARTICLE 8
DEFAULT; REMEDIES

8.1. Events of Default. Subject to the provisions of Section 10.17 regarding Unavoidable Delays, Section 7.1 regarding assignment and assumption, and Section 7.2 regarding Mortgagee Protection, the failure by any Party to pay any sum or to perform any obligation required under this Agreement including, without limitation, City’s failure to issue Subsequent Permits for the Combined Improvements in conformance with this Agreement, and such Party ’s failure to cure such default within the specified cure period after receipt of a Notice of Default pursuant to Section 8.2 below, constitutes an “Event of Default” under this Agreement. Except for its obligations under Section 4.2.4, failure by Developer to construct or delay in constructing the Combined Improvements or any portion thereof is not a default or Event of Default under this Agreement, and Developer is not liable to City for damages for failure to construct any portion of the Combined Improvements, unless such failure or delay constitutes a default under the terms of any Final Map, building permit or similar approval, in which event City may exercise any of its normal remedies for default under such permit or approval.

8.2. Notice of Default and Cure. Any Party claiming a default under this Agreement must deliver to the defaulting Party a written notice of default ( “Notice of Default”). The Notice of Default must specify the reasons for the allegation of default with reasonable particularity and the manner in which the default can be cured. The defaulting Party has the right to cure the default within 30 days after receiving the Notice of Default; provided, however, that if the nature of the alleged default is such that it cannot be reasonably cured wi thin 30 days, then the 30-day period will be extended for the time reasonably required to complete the cure, so long as the defaulting Party commences the cure within the 30-day period and diligently prosecutes the cure to completion thereafter.

8.3. Procedure Upon and Event of Default. After the occurrence of an Event of Default, the other Party may give notice of its intent to terminate this Agreement pursuant to Government Code § 65868 and the MPMC implementing said section. Following notice of intent to terminate, or before instituting legal proceedings, the matter must be scheduled for consideration and review at a public meeting of the City Council within 30 days after that notice. Following consideration of the evidence presented in the review before the City Council, the Party alleging the default by the other Party may institute legal proceedings or may give written notice of termination of this Agreement to the other Party; provided, however, Developer may only terminate this Agreement with respect to such portion of the Property then owned by Developer. Evidence of default may also arise in the course of an annual review of this Agreement pursuant to Section 6.1. If Developer is determined by City to be in default pursuant to the procedures for annual review, and after giving 128 of 637

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effect to Developer’s right of appeal of such determination to the City Council as provided in Section 6.3, then City may give a written Notice of Default pursuant to Section 8.1. If the alleged default is not cured within the cure period set forth in Section 8.2 or within such longer period specified in City’s Notice of Default, or if Developer waives its right to cure such alleged default in writing, then this Agreement may be terminated by City with respect to the portion of the Property then owned by the defaulting Developer.

8.4. Remedies for Non-Defaulting Party. If either Party is in default under the terms of this Agreement, subject to any applicable requirements under Section 8.6 of this Agreement, the other Party may elect to pursue any of the following courses of action: (i) waive such default; (ii) pursue administrative remedies as provided in this Agreement; (iii) pursue any judicial remedies available under the law; or (iv) terminate this Agreement.

8.4.1 Unless otherwise provided in this Agreement and subject to applicable requirements under Section 8.6 of this Agreement, either Party, in addition to any other rights or remedies, may institute legal action to cure, correct, or remedy any default by the other party to this Agreement, to enforce any covenant or agreement herein, or to enjoin any threatened or attempted violation hereunder or to seek specific performance. All remedies available to a Party under this section are cumulative and not exclusive of the other, and the exercise of one or more of these remedies do not constitute a waiver or election with respect to any other available remedy.

In general, each of the Parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that City is not liable in damages to Developer, or to any successor in interest of Developer, or to any other person, and Developer, on behalf of itself and all successors in interest, covenants not to sue for damages or claim any damages:
(a) For any breach of this Agreement or for any cause of action that arises out of this Agreement; or
(b) For the taking, impairment or restriction of any right or interest conveyed or provided under or pursuant to this Agreement; or
(c) Arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement; or (d) For any personal or property injuries of third-persons arising from the Intersection Improvements.

8.4.2 No City elected or appointed official, employee, or representative is personally liable to Developer in the event of any Event of Default by City or for any amount which may become due to Developer, or for any obligations under the terms of this Agreement, or for any claims of breach of contract related to this Agreement, or for any claims in the nature of tort related to this Agreement (such as fraud in the inducement).

8.4.3 Informal Discussions. With regard to any dispute between or among the Parties contemplated by this Agreement, within seven days written notice from ether Party, the City Manager and Developer’s senior executives must meet and attempt in good faith to resolve 129 of 637

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any such disputes through informal discussions, which discussions will not exceed 10 business days unless extended by mutual agreement.

8.5. Mediation. If the Parties are unable to resolve their dispute through informal discussion, then either Party may commence mediation by providing to JAMS (or other mediator mutually agreed to by the Parties) and the other Parties a written request for mediation, setting forth the subject of the dispute and the relief requested. The Parties will cooperate with JAMS and with one another in selecting a mediator from JAMS’ panel of neutrals, and in scheduling the mediation proceedings. The Parties covenant that they will participate in all phases of the mediation in good faith. The mediation process will occur in two phases, if necessary, as described below. During the first phase of the mediation, which in no event will exceed 30 days unless otherwise agreed to by the Parties, the Parties will attempt to resolve their dispute in accordance with JAMS standard mediation procedures. If the Parties are unable to resolve their dispute during this first phase of the mediation process, then the second phase of the mediation process will be conducted in a manner consistent with this Section. If the Parties are unable to resolve their dispute through the first phase of mediation, as described above, the Party that commenced mediation (the “Complaining Party”), will have 10 business days from the expiration of the 30 day period described above to file a brief with the other Party (the “Responding Party”) and with the mediator presiding over the first phase of the mediation process (the “Mediator”), which brief must set forth the merits of the Complaining Party’s position regarding the issues raised during the first phase of mediation (the “Initial Brief”). The Responding Party will have 10 business days from its receipt of the Initial Brief to file a brief with the Mediator and the Complaining Party responding to the issues raised in the Initial Brief and setting forth the merits of the Responding Party’s position regarding the issues raised during the first phase of mediation (the “Responding Brief”). The Complaining Party will have five business days from its receipt of the Responding Brief to file a reply brief with the Mediator and the Responding Party replying to the issues raised in the Responding Brief (the “Reply Brief”). In no event will the Initial Brief and the Responding Brief be longer than 15 pages and in no event will the Reply Brief be longer than 10 pages. Except as otherwise set forth in this Section 7.05.03, the Initial Brief, the Responding Brief and the Reply Brief will be formatted in accordance with requirements of Rule 3.1110 of the California Rules of Court, unless otherwise agreed to by the Parties. The Mediator will have two weeks following its receipt of the Reply Brief to consider the arguments set forth by the Complaining Party and the Responding Party in their respective briefs and issue an opinion stating which party the Mediator would consider to be the prevailing party if the Mediator were a judge presiding over the dispute in a court of law (the “JAMS Opinion”).

8.5.1 All offers, promises, conduct and statements, including the JAMS Opinion, whether oral or written, made in the course of the mediation by any of the Parties, their agents, employees, experts and attorneys, and by the mediator and any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any litigation or other proceeding involving the Parties, provided that evidence that is otherwise admissible or discoverable will not be rendered inadmissible or non-discoverable as a result of its use in the mediation. Notwithstanding the foregoing, the JAMS Opinion will serve as the basis solely for determining whether, in the event a dispute between the Parties is litigated, either Party will be awarded attorneys’ fees in accordance with this Agreement. 130 of 637

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8.5.2 Nothing in this Article will in any way be interpreted as requiring that Developer and City and/or City’s designee reach agreement with regard to those matters being addressed, nor will the outcome of these meetings be binding in any way on City or Develop er unless expressly agreed to in writing by the Parties to such meetings. Notwithstanding the forgoing, the JAMS Opinion will be binding on the Parties solely for the purposes of determining whether, in the event a dispute between or among the Parties is l itigated, either party will be awarded Attorneys’ Fees (as defined below) in accordance with this Agreement.

8.5.3 Should any judicial remedy be sought by any Party because of any default under this Agreement or to enforce any provision hereof, or to obtain a declaration of rights hereunder (each individually a “Judicial Action”), the prevailing Party in such Judicial Action is entitled to reasonable attorney’s fees, court costs and such other costs as may be fixed by the court (collectively, “Attorneys’ Fees”), provided the prevailing Party in the Judicial Action was also determined to be the prevailing Party in the JAMS Opinion. For purposes of this Agreement, Attorneys Fees will be calculated from the start of the first phase of mediation and will include all reasonable costs related to the first and second phases of mediation. If the prevailing Party in a Judicial Action was determined to be the losing Party in the JAMS Opinion, then each Party will assume the cost of their own Attorneys’ Fees. Not in limitation of the foregoing, the Parties will assume their own costs related to the informal dispute resolution process described above.

8.6. Extension of Agreement Term. The Term of this Agreement as set forth in Section

2.2 will automatically be extended for the period of time in which the Parties are engaged in dispute resolution to the degree that such extension of the Term is reasonably required because activities which would have been completed before the expiration of the Term are delayed beyond the scheduled expiration of the Term as a direct result of such dispute resolution.

ARTICLE 9
AMENDMENTS; TERMINATION

9.1. Amendments. Except as set forth in Section 3.1, this Agreement may be modified, amended and/or extended only by mutual written consent of the Parties and must be approved in the same manner as adoption of this Agreement, by ordinance as set forth in the Development Agreement Statute.

9.2. Operating Memoranda. The Parties acknowledge that the provisions of the Agreement require a close 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 f ind 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.
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9.3. 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 significant modification to the terms of performance under this Agreement will be processed as an amendment of this Agreement in accordance with this Agreement and must be approved by the City Council.

9.4. Effect of Expiration/Termination. Except for the obligations as to the Intersection Improvements including, without limitation, the defense and indemnification obligations, u pon expiration or termination of this Agreement: (a) no Party has any further rights or obligation hereunder except for matters which accrued before such expiration or termination and matters which specifically survive expiration or termination under the express terms of this Agreement; and (b) the underlying Combined Improvements Approvals remain in full force and effect.

ARTICLE 10

MISCELLANEOUS

10.1. Insurance. Before the commencement of any work, Developer must furnish evidence to City that all of the following insurance requirements have been satisfied.

10.2. General. Developer must, throughout the duration of this Agreement, maintain, or cause to be maintained, the insurance specified below, to insure Developer and its employees for liability arising out of the work in connection with the Property, Combined Improvements and this Agreement at the minimum levels set forth herein, with City being an additional insured on the CGL and excess or umbrella liability insurance.

10.2.1 Commercial General Liability . Commercial General Liability (“CGL”) insurance with coverage in an amount not less than $2,000,000.00 general aggregate, $2,000,000.00 per occurrence and $2,000,000.00 products/completed operations, and including contractual liability insurance for the in demnification heretofore provided to City (subject to the policy terms, conditions, definitions and exclusions).

10.2.2 Business Auto Coverage. Business Automobile Liability insurance with coverage in an amount not less than $1,000,000.00 per accident for bodily injury and property damage, covering all vehicles used by Developer (personal, company) and its employees, on or within the Combined Improvements or Property or associated therewith.

10.2.3 Excess or Umbrella Liability Insurance (Over Primary Coverage). Such excess coverage must be at least as broad as the underlying coverage and be provided on a “pay on behalf” basis. The excess or umbrella coverage can be not less than $5,000,000 per occurrence/annual aggregate.

10.2.4 Workers’ Compensation. Coverage must be maintained as required by the State of California.
132 of 637

20 167659690.14

10.2.5 Insurance Coverage to be Maintained by Developer’s Contractors and Subcontractors. Developer must require by contract that its contractors and subcontractors maintain the same CGL, business auto, excess or umbrella liability and workers’ compensation insurance as set forth in subsections 10.2.1 through 10.2.4, inclusive, hereof, except that the required minimum limits for the CGL coverage will be $2,000,000 general aggregate, $2,000,000 per occurrence and $2,000,000 products/completed operations, with exces s or umbrella liability insurance in the amount of $2,000,000 per occurrence/annual aggregate. The CGL policy must include, contractual liability insurance (subject to the policy terms, conditions, definitions and exclusions).

10.3. Construction; Interpretation. This Agreement has been reviewed and revised by legal counsel for Developer and City, and no presumption or rule that ambiguities may be construed against the drafting party apply to the interpretation or enforcement of this Agreement.

10.4. Agreement Constitutes Legislative Act. Developer acknowledges and agrees that City has approved and entered into this Agreement in the sole exercise of its legislative discretion and that the standard of review of the validity and meaning of this Agreement will be that accorded legislative acts of City.

10.5. Cooperation; Further Assurances. Each Party will: (a) deal fairly and in good faith with the other Party; (b) not impede the other Party’s right to receive the benefits of this Agreement; (c) cooperate with and provide reasonable assistance to the other Party in the performance of this Agreement; and (d) execute such documents or take such further actions as may be reasonably necessary to consummate the performance or to carry out the purpose and intent of this Agreement.

10.6. Counterparts. This Agreement, and any documents implementing this Agreement, may be executed in multiple counterpart originals, each of which is deemed to be an original and all of which when taken together shall constitute one and the same instrument.

10.7. Entire Agreement. The Recitals set forth above in this Agreement and the Exhibits attached hereto are incorporated by references into this Agreement as an integrated portion hereof.

This Agreement, including all such Recitals and Exhibits, constitutes the entire agreement of the Parties regarding the subject matter hereof, and all prior or contemporaneous agreements and understandings, whether written or oral, are superseded.

10.8. Governing Law/Jurisdiction. This will shall be governed, construed and enforced in accordance with the laws of the State of California, and the state courts of Los Angeles County have jurisdiction.

10.9. Legal Challenges—Defense and Indemnification.

10.9.1 Cooperation in the Event of a Legal Challenge
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21 167659690.14
In the event of any administrative, legal or equitable action or other proceeding instituted by any person or entity not a party to the Agreement challenging the validity of any provision of this Agreement; challenging any agreement between City and other government agencies entered into at the request of Developer to facilitate the development of the Property; challenging any of the Combined Improvements Approvals; challenging the sufficiency of any environmental review of either this Agreement or any Combined Improvements Approval under CEQA; or seeking damages because of the Intersection Improvements (each a “Third Party Challenge”), each party must cooperate in the defense of such Third Party Challenge, in accordance with this Section. In light of the Parties’ mutual interests in successfully defending against a Third Party Challenge, the Parties will enter into a joint nondisclosure, indemnity, and litigation defense agreement , which, among other things, will require all communications between Developer and City concerning a Third Party Challenge be kept confidential and not be disclosed by either Party without the written consent of the other Party. Developer agrees to pay City’s costs of defending a Third Party Challenge, including all court costs and reasonable attorney’s fees expended by City (including the time and cost of the City Attorney) in defense of any Third Party Action, as well as the time of City’s staff spent in connection with such defense. Developer may select its own legal counsel to represent Developer’s interests in any Third Party Challenge at Developer’s sole cost and expense.

City agrees that it will not enter into a settlement agreement to any Third Party Challenge without Developer’s written consent. Developer’s obligation to pay City’s costs in the defense of a Third Party Challenge does not extend to those costs incurred on appeal unless otherwise authorized by Developer in writing. If Developer elects, in its sole and absolute discretion, not to contest such litigation challenges, City does not have any obligation to contest such challenges. If City elects to contest such challenges after Developer elects not to contest, City will do so at its sole cost.

10.9.2 Third Party Challenges Related to the Applicability of City Laws.

The provisions of this Section will apply only in the event of a legal or equitable action or other proceeding, before a court of competent jurisdiction, instituted by any person or entity not a party to this Agreement challenging the applicability to the Combined Improvements or Property of a conflicting City Law (a “Third Party Enforcement Action”):

10.9.3 Cooperation in Case of a Third Party Enforcement Action.

In the event of a Third Party Enforcement Action, City must (i) promptly notify Developer of such action or proceeding, and (ii) cooperate with Developer so as to most effectively respond to the Third Party Enforcement Action. In no event will City take any action that would frustrate, hinder, or otherwise complicate Developer’s efforts to respond. The Parties to this Agreement agree to cooperate, to the maximum extent permitted by law, in the defense of such action or proceeding. For purposes of this Section, the required cooperation between the Parties includes, without limitation, developing litigation strategies, preparing litigation briefs and other related documents, conferring on all aspects of the litigation, developing settlement strategies, and, to the extent permitted by law, jointly making significant decisions related to the relevant litigation, throughout the course thereof. In light of the Parties’ mutual interests in successfully defending against a Third Party Enforcement Action, all communic ations between Developer and City concerning a Third Party Enforcement Action must be kept confidential and cannot be disclosed by either Party without the written consent of the other Party. 134 of 637

22 167659690.14

10.9.4 Litigation Costs.

City’s costs of defending any Third Party Enforcement Action, including all court costs, and reasonable attorney’s fees expended by City (including the time and cost of the City Attorney) in defense of any Third Party Enforcement Action, as well as the time of City’s staff spent in connection with such defense (the “Enforcement Action Defense Costs”), will be paid in accordance with this Agreement. Notwithstanding the forgoing, in no event will the Enforcement Action Defense Costs extend to, nor will Developer or the Combined Improvements be obligated to pay, any costs incurred on appeal unless otherwise authorized by Developer in writing.

10.9.5 Settlement.

City must not enter into a settlement agreement or take any other action to resolve any Third Party Enforcement Action without Developer’s written consent. City cannot, without Developer’s written consent, take any action that would frustrate, hinder or ot herwise prevent Developer’s efforts to settle or otherwise resolve any Third Party Enforcement Action.

10.9.6 Effect of a Judgment.

Provided that City complies with this Section and provided that Developer is a party to the relevant Third Party Enforcement Action, Developer agrees to be bound by any final judgment (i.e., following all available appeals) arising out of a Third Party Enf orcement Action and further agrees that no default under this Agreement will arise if such final judgment requires City to apply to the Combined Improvements or Property a City Law that conflicts with Applicable Law or this Agreement.

10.9.7 Defense and Indemnity.

Developer must defend and indemnify City from and against any and all damages, claims, costs and liabilities arising out of the personal injury or death of any third party, or damage to the property of any third party, to the extent such damages, claims, c osts or liabilities result from the construction of the Combined Improvements or the Intersection Improvements by Developer or by Developer’s contractors, subcontractors, agents or employees. Nothing in this Section will be construed to mean that Developer must defend or indemnify City from or against any damages, claims, costs or liabilities arising from, or alleged to arise from, activities associated with the maintenance or repair by City or any other public agency of improvements that have been offered for dedication and accepted by City or such other public agency or for any other public improvements constructed by City or constructed by Developer at direction of City. City and Developer may from time to time enter into subdivision improvement agreement s, as authorized by the Subdivision Map Act, which agreements may include defense and indemnity provisions different from those contained in this Section. In the event of any conflict between such provisions in any such subdivision improvement agreement and the provisions set forth above, the provisions of such subdivision improvement agreement will prevail. 135 of 637

23 167659690.14

10.9.8 Effect on Term. The Term of this Agreement will be tolled from the initiation of any litigation challenging this Agreement or any of the Combined Improvements Approvals until final court action is taken in such Litigation.

10.10. Notices. All notices, demands, correspondence and communications ( “Notice”) must be in writing and be either personally delivered or sent by certified mail, postage prepaid, return receipt requested, or delivered by a nationally recognized overnight courier service (which provides a delivery receipt), at the addresses set forth below. Any such Notice will be deemed received on the date of personal delivery or on the date of receipt (or refusal to accept delivery) set forth in the certified mail receipt if sent by U.S. mail or in the receipt provided by the overnight courier service if sent by such service.

City: City of Monterey Park
320 West Newmark Avenue
Monterey Park, CA 91754
Attn: Ms. Inez Alvarez, City Manager

with a copy to: Burke, Williams & Sorensen LLP
444 South Flower Street, Suite 2400
Los Angeles, CA 90071
Attn: Mr. Karl H. Berger, City Attorney

TRC: Atlantic Square, LLC
dba TRC
4695 MacArthur Court, Suite 700
Newport Beach, CA 92660
Attn: Tim Pettit, CEO and
Scott Grady, EVP of Development

with a copy to: Matthew S. Gray
Perkins Coie LLP
505 Howard Street, Suite 1000
San Francisco, CA 94105

10.11. Private Undertaking. It is expressly understood and agreed by the Parties that the development contemplated by this Agreement is a private development, no Party is acting as the agent of any other Party in any respect hereunder, and Developer has full power and exclusive control over its properties including the Property subject only to the limitations and obligations of Developer under the Vested Rules and this Agreement. Nothing contained in this Agreement or in any document executed in connection with this Agreement will be construed as making City and Developer joint venturers or partners.

10.12. Recordation. City will cause this Agreement to be recorded with the Los Angeles County Recorder within 10 days after the Effective Date, pursuant to Development Agreement 136 of 637

24 167659690.14
Statute § 65868.5. Thereafter, if this Agreement is terminated, modified or amended as provided herein, City will record notice of such action with the Los Angeles County Recorder.

10.13. Section Headings. Article and Section headings in this Agreement are inserted for convenience only and are not intended to be used in interpreting or construing the terms, covenants or conditions of this Agreement.

10.14. Severability. If any provision or term of this Agreement, or the application of any provision or term of this Agreement to any particular situation, is held by a court of competent jurisdiction to be invalid, void or unenforceable, then the remainder of the Agreement is unaffected and will remain in full force and effect unless enforcement of the Agreement, with such invalidation, would be unreasonable or inequitable under the circumstances or would frustrate the purposes of the Agreement or the rights and obligations of the Parties there under.

10.15. Successors and Assigns; Covenants Running with the Land. Subject to the provisions of Section 7.1 governing assignment, the rights and obligations of Developer under this Agreement will be binding upon and inure to the benefit of successor owners of all or any portion of the Property and shall be covenants running with the land.

10.16. Third-Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the Parties and their successors and assigns. No other person has any right of action based upon any provision of this Agreement.

10.17. Unavoidable Delays or Events. In addition to specific provisions of this Agreement, performance by any Party hereunder shall not be deemed to be in default where delays or defaults are due to war, terrorism, pandemic, insurrection, riots, floods, earthquakes, fires, casualties, governmental restrictions imposed or mandated by governmental entities (but only as to delays or performance by Developer), enactment of conflicting state or federal laws or regulations (but only if the Party claiming delay complies at all times with the provis ions of this Agreement pertaining to such conflicting laws), litigation against this Agreement or any of the Combined Improvements Approvals, referendum of this Agreement or any of the Combined Improvements Approvals or similar bases for excused performance (“Unavoidable Delay” or “Unavoidable Event”). Upon the occurrence of an Unavoidable Event, the time for performance will be extended, for the duration of the Unavoidable Delay. Notwithstanding the foregoing, none of the following constitutes an Unavoidable Event: (i) delays caused by market forces beyond the Parties’ control; (ii) delays caused by the delay or failure by any entity other than the Party claiming such delay to provide financing for construction of the Combined Improvements or any portion thereof; (iii) delays related to the cost or unavailability of financing, construction contractors, consultants, or labor; or (iv) delays related to economic conditions locally, regionally, statewide, nationwide, or worldwide.

10.18. Waiver. No waiver of any provision of this Agreement is effective unless it is in writing and signed by a duly authorized representative of the Party against whom enforcement of the waiver is sought. No waiver of any right or remedy is deemed a waiver of any right or remedy with respect to any other occurrence or event.
137 of 637

25 167659690.14

10.19. 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.

138 of 637

26 167659690.14
IN WITNESS WHEREOF, the Parties have executed this Development Agreement to be effective as of the Effective Date first set forth above. “CITY”

CITY OF MONTEREY PARK
a municipal corporation

Dated: __________________, 2024 By: _____________________________ Thomas Wong, Mayor
ATTEST:
________________________
Maychelle Yee, City Clerk

APPROVED AS TO FORM:
__________________________
Karl H. Berger, City Attorney

“TRC” or “Developer”
Atlantic Square, LLC
a Delaware limited liability company

Dated: __________________, 2024 By: _____________________________

APPROVED AS TO FORM:

PERKINS COIE, LLP
By: _________________________
Matthew S. Gray, Esq.

Developer’s Attorney
139 of 637

167659690.14
Exhibit A:

The Property
140 of 637

THAT PORTION OF SECTION 33, TOWNSHIP 1 SOUTH, RANGE 12 WEST, SAN BERNARDINO

MERIDIAN, IN THE CITY OF MONTEREY PARK, COUNTY OF LOS ANGELES, STATE OF

CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, TOGETHER WITH THOSE PORTIONS OF RANCHO SAN ANTONIO, AS SHOWN ON MAP RECORDED IN BOOK 1 PAGE 389 OF PATENTS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS A WHOLE AS FOLLOWS:

BEGINNING AT THE SOUTHERLY TERMINUS OF THE WEST LINE OF LOT 35 OF TRACT NO. 15044, AS PER MAP RECORDED IN BOOK 330 PAGES 28 TO 30 INCLUSIVE OF MAPS,

RECORDS OF SAID COUNTY, AS SHOWN ON SAID MAP AS HAVING A BEARING AND DISTANCE OF NORTH O DEGREES 39 MINUTES 50 SECONDS WEST 7.42 FEET; THENCE

LEAVING SAID WEST LINE AND ALONG THE BOUNDARY LINES OF THE LAND DESCRIBED

IN DEED TO THE CITY OF MONTEREY PARK, FOR PUBLIC STREET PURPOSES, RECORDED IN BOOK 46376 PAGE 125 OF OFFICIAL RECORDS, NORTH 37 DEGREES 44 MINUTES 38 SECONDS WEST 6.23 FEET; THENCE SOUTH 52 DEGREES 13 MINUTES 16 SECONDS WEST

50.00 FEET; THENCE SOUTH 37 DEGREES 44 MINUTES 38 SECONDS EAST 50.55 FEET; THENCE SOUTH O DEGREES 37 MINUTES 53 SECONDS EAST 267.83 FEET TO THE

BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF

30.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89 DEGREES 58 MINUTES 19 SECONDS, AN ARC DISTANCE OF 47.11 FEET; THENCE TANGENT FROM SAID CURVE, SOUTH 89 DEGREES 20 MINUTES 26 SECONDS WEST 63.47 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 560.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 52 DEGREES 52 MINUTES 09 SECONDS, AN ARC DISTANCE OF 516.73 FEET; THENCE TANGENT FROM SAID CURVE, NORTH 37 DEGREES 47 MINUTES 25 SECONDS WEST 55.31 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 30.00 FEET, AS SAID CURVE BEING TANGENT AT ITS POINT OF ENDING WITH THE SOUTHEAST LINE OF ATLANTIC BOULEVARD, 100

FEET WIDE, AS ESTABLISHED BY DECREE OF CONDEMNATION ENTERED IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN SAID COUNTY, AS CASE NO. 24-9026, A CERTIFIED COPY OF SAID DECREE WAS RECORDED IN BOOK 9388 PAGE 323 OF OFFICIAL RECORDS; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90 DEGREES 01 MINUTES 28 SECONDS, AN ARC DISTANCE OF 47.14 FEET; THENCE ALONG SAID SOUTHEAST LINE, NORTH 52 DEGREES 14 MINUTES 03 SECONDS EAST 1,346.48 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 750.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 31 DEGREES 43 MINUTES 33 SECONDS, AN ARC DISTANCE OF 415.29 FEET TO A BRASS CAP MONUMENT IN THE SOUTHWEST CORNER OF LOT 190 OF TRACT NO. 15897, AS PER MAP RECORDED IN BOOK 363 PAGES 9 TO 11 INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY; THENCE ALONG THE SOUTH LINE OF SAID TRACT NO. 15897, NORTH 89 DEGREES 12 MINUTES 26 SECONDS EAST 219.69 FEET TO A POINT IN THE WEST LINE OF BRADSHAWE AVENUE, 60 FEET WIDE, AS SHOWN ON THE MAP OF TRACT NO. 14993, AS PER MAP RECORDED IN BOOK 318 PAGES 45 AND 46 OF MAPS, RECORDS OF SAID COUNTY; THENCE ALONG SAID WEST LINE, SOUTH O DEGREES 39 MINUTES 39 SECONDS EAST 239.09 FEET TO THE MOST NORTHERLY CORNER OF SAID ABOVE MENTIONED TRACT NO. 15044, SAID CORNER BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 1050.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 61 DEGREES 32 MINUTES 47 SECONDS WEST; THENCE SOUTHWESTERLY ALONG THE NORTHWEST LINE OF SAID TRACT NO. 15044 AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23 DEGREES 46 MINUTES 03 SECONDS, AN ARC DISTANCE OF 435.56 FEET; THENCE TANGENT FROM 141 of 637

SAID CURVE AND CONTINUING ALONG SAID NORTHWEST LINE, SOUTH 52 DEGREES 13 MINUTES 16 SECONDS WEST 319.10 FEET TO ITS INTERSECTION WITH THE CENTERLINE OF FLORAL DRIVE, 60 FEET WIDE, AS SHOWN ON THE MAP OF SAID TRACT; THENCE CONTINUING SOUTH 52 DEGREES 13 MINUTES 16 SECONDS WEST 528.66 FEET TO THE NORTHWEST CORNER OF SAID LOT 35 OF SAID TRACT; THENCE ALONG THE WEST LINE OF SAID LOT 35, SOUTH 0 DEGREES 37 MINUTES 53 SECONDS EAST 7.81 FEET TO THE POINT OF BEGINNING.

EXCEPT ALL GAS, OIL AND OTHER MINERALS OR HYDROCARBON SUBSTANCES, IN OR

FROM SAID LAND PROVIDED, HOWEVER, NO RIGHT IS RESERVED TO THE GRANTORS,

THEIR SUCCESSORS OR ASSIGNS, TO ENTER ON OR FROM THE SURFACE OF SAID LAND,

THE RIGHT TO ENTER THE SUBSURFACE OF SAID LAND, WHICH IS ALSO RESERVED, SHALL BE AT ANY POINT BELOW A DEPTH OF 100 FEET FROM THE SURFACE THEREOF, (MEASURED VERTICALLY FROM THE SURFACE THEREOF), TO TAKE SAME FROM SAID

LAND AND REDUCE SAME TO POSSESSION, AS RESERVED BY WELLS FARGO BANK & UNION TRUST CO., AND OTHERS, IN THE DEED RECORDED ON MARCH 30, 1953 IN BOOK 41333 PAGE 157, OFFICIAL RECORDS.

142 of 637

167659690.14
Exhibit B:

Intersection Improvements

143 of 637
EX.

RESTAURANT

NO PARKING

COMPACT

COMPACT
VAN
VAN
DETAIL "C" SEE SHEET
2 DETAIL "C" SEE SHEET
2 DETAIL "B" SEE SHEET
2 DETAIL "A" SEE SHEET
2 SHT. __ OF __

CITY OF MONTEREY PARK
DWG. NO.

Orange County
San Luis Obispo
Sacramento
Riverside
Denver
Boise
Dallas
Atlanta
701 North Parkcenter Drive
Santa Ana, CA 92705
p: 714.560.8200
www.tait.com
Since 1964
ENGINEERING ENVIRONMENTAL BUILDING LANDASSOCIATES& UNAUTHORIZED CHANGES & USES:ENGINEERS NOTE TO CONTRACTOR:

STREET IMPROVEMENT PLAN
ATLANTIC BLVD.

MONTEREY PARK, CA
7 FOR REVIEW ONLY

NOT FORCONSTRUCTION

FOR REVIEW ONLY - NOT FOR CONSTRUCTION

UNDERGROUND SERVICE ALERT

TWO WORKING DAYS BEFORE YOU DIG
Call: TOLL FREE
1-800-422-4133
KNOW WHAT'S BELOW.

CALL BEFORE YOU DIG.

STREET IMPROVMENT PLAN
3 144 of 637

167659690.14
Exhibit C:

New Drive-Thru

145 of 637
6 6
15 16
NO

PARKING
4 NO

PARKING

EVCS STATION
(VAN ACCESSIBLE)
163' TO ORDER POINT
ATLANTIC BLVD.

FUTURE

EV STALL
FUTURE

EV STALL
312' CAR STACKING26' 18' 18' 26' 18' 18'

EVCSSTATION
10'
10'
10'
7'28'-6"
FUTURE

EV STALL
FUTURE

EV STALL
26'
T

TRASHRECYCLE ORGANIC TRASH
26'
5 TRANSFORMER
EX. TRASH

ENCLOSURE
EX. TRASH

ENCLOSURE

LOADING ONLYNO PARKING

COMPACT COMPACT COMPACT
Pumper Fire Truck

SWITCHGEAR

WEATHERPROOF STRUCUTRE
W
P14 DS WITH STUCCO REV (CUSTOM)
0 SEATS
GROSS:
2,495 SF (IBC / CBC)
15'

BUILDING

SETBACK

PROPOSED LEASE AREA,

PLEASE CONFIRM WITH

LANDLORD
361' CAR STACKING
3'10'2'
4'-1 1/2"
2'-1"10'
26'
11-14-22
Information contained on this drawing and in all
digital files produced for above named project
may not be reproduced in any manner without
express written or verbal consent from
authorized project representatives.

ARCHITECT'S PROJECT #

PRINTED FOR
DATE
SHEET

SHEET NUMBER
SL

DRAWN BY
Chick-fil-A
5200 Buffington Road
Atlanta, Georgia
30349-2998
NO. DATE DESCRIPTION
2012 S ATLANTIC BLVD.

MONTEREY PARK, CA

REVISION SCHEDULE
-
A
05993

CHICK-FIL-A
22-228
1 B
C
D
E
A
B
C
D
E
234
1234
Plan'g, Building, Etc.

STORE #

ATLANTIC & FLORAL DTO
PSP-21

PRELIMINARY SITE PLAN
NORTH

PRELIMINARY SITE PLAN
1" = 20'-0"
06-05-24 PSP 15
06-12-24 PSP 16
06-24-24 PSP 17
06-26-24 PSP 18
07-10-24 PSP 19
07-16-24 PSP 20
08-01-24 PSP 21
XX -
XX -

EASEMENT NOTES
SIR:

SURVEY:
4G PM:

BUILDING SETBACK:

LANDSCAPE SETBACK:
#OF PARKING STALLS
REQUIRED:

DO PATIO SEATS COUNT
TOWARD PARKING?
D/T STACKING:

STANDARD 90° STALL SIZE:

DRIVE AISLE WIDTH:

OVERHANG ALLOWED?
BIKE REQUIREMENT:

NEW CURB CUT?
LOADING ZONING:

TE FRONT OR SIDE
LOADING:

LANDSCAPE ISLAND:

SITE INFORMATION
YES DATE: 07-02-24
YES/ NO DATE: XX-XX-XX

TROY SCHMIDT
N: 0' COMMERCIAL
S: 0' COMMERCIAL
E: 0' RESIDENTIAL
W: 0' ATLANTIC BLVD.

N: 0' COMMERCIAL
S: 0' COMMERCIAL
E: 15' RESIDENTIAL
W: 0' ATLANTIC BLVD.
10 PER 1,000 SQ FT
(2,495 / 1,000) X 10 = 25 STALLS REQUIRED
NO

NOT SPECIFIED
9' W X 18' L
26' - 90°
NO
4 - 4 RACKS PER 50,000 SF OF

COMMERCIAL DEVELOPMENT

N/A, CURBS OUTSIDE OF PL
NO

SUBJECT TO APPROVAL BY THE CITY

PLANNER
EVERY 3 SPACES, MIN. 3'

SITE STATISTICS
47 SPACES TOTAL
PROPOSED LEASE AREA APPROX. : 44,103 S.F. (1.01 AC)
CAR STACK LENGTH: 673 FT TOTAL (33 CARS)
ORDER POINT: 163 FT INNER LANE (8TH CAR)
TABLE 5.106.5.3.1

TOTAL NUMBER OF

ACTUAL PARKING
SPACES
0-9

NUMBER OF

REQUIRED EV

CAPABLE SPACES

NUMBER OF EVCS
(EV CAPABLE SPACES

PROVIDED WITH EVSE)
0 0
10-25
26-50
51-75
4 0
8 2
13 3
TABLE 11B-228.3.2.1 ELECTRIC VEHICLE CHARGING

STATIONS FOR PUBLIC USE AND COMMON USE

TOTAL NUMBER OF

EVCS AT A FACILITY
1-4

VAN ACCESSIBLE
1 0
5-25
26-50
51-75

1. Where an EV charger can simultaneously charge more than one vehicle, the number of EVCS provided shall be considered equivalent to the number of electric vehicles that can be simultaneously charged. 1 0
1 1
1 2
VAN

ACCESSIBLE

STANDARD

ACCESSIBLE

AMBULATORY
0 1
1 2
1 1. Calculation for spaces shall be rounded up to the nearest whole number

2. The number of required EVCS (EV capable spaces provided with EVSE) in column 2 count toward the total number of required EV capable spaces shown in column 2.
2 146 of 637
167659690.14
Exhibit D:

Atlantic Square Allowable Uses (BRDZ)
147 of 637

ATLANTIC SQUARE BUSINESS RECOVERY DEVELOPMENT ZONE
Land Use Regulations

The Land Uses listed in Permitted Uses Table XX.XX are permitted by right, or by Conditional and Administrative Use permit, or by Limitations and Special Standards, and/or as an Accessory Use within the Atlantic Square Business Recovery Development Zone project site as described in the Atlantic Square Business Recovery Development Agreement.

Uses indicated with a ‘P’ are permitted by right. Uses indicated with a ‘C’ are permitted following approval of a Conditional Use Permit. Uses indicated with an ‘L’ are permitted subject to limitations or special standards. Uses indicated with an ‘AUP’ are permitted following approval of an Administrative Use Permit.

In the event a proposed use is not listed herein, the Zoning Administrator shall have the discretion to determine that the proposed use is substantially similar to a listed use, and upon such determination, the proposed use shall be treated for purposes of this Development Agreement as the substantially similar listed use.

Permitted Uses Table XX.XX

Land Use Use
Regulations
Footnotes
Retail
Small Retail, General (£ 10,000 Sq. Ft.) P (F1) Large Retail, General (³ 10,000 Sq. Ft.) P (F1)
Art Gallery/Picture Framing P
Bicycle/Motor Scooter Sales and Supplies P
Catering Service/Ghost Kitchen P
Outdoor Sales AUP MPMC 21.32.200
Plant Nursery P
Swimming Pool Supplies P
Service Business
Adult Care Facility C MPMC 21.32.020
Animal Services
• Animal Grooming
• Veterinary Services/Animal Hospital
• Kennel/Animal Boarding

P
P
P

ATM Kiosk P
Barber Shop/Beauty Salon/Nail Salon P
Copy Center/Parcel Service/Mailbox Service Center P
Checking Cashing Facility P

Day Care Center C MPMC 21.32.020
Day Health Spa
• w/ Massage Establishment
P
L

MPMC 21.10.040(T)
Dry Cleaning (including laundry) P

148 of 637

Land Use Use Regulations Footnotes
Fitness Center (£ 5,000 Sq. Ft.) P
Fitness Center (³ 5,000 Sq. Ft.) P
Laundromat P
Locksmith/Keys P
Massage Establishment L MPMC 21.10.040(T)
Money Transfer Facility (Wire Service) P
Printing and Publishing P
Service/Fueling Station C MPMC 21.32.020
Studio (Art/Dance/Music/Photo/Martial Arts) P
Tailor P
Tattoo Parlor/Body Piercing C MPMC 21.32.020
Eating and Drinking Establishment
Alcohol Sales (on-sale and off-sale) L MPMC 21.10.040(B) MPMC 21.10.230
Bar, Tavern, Cocktail Lounge C MPMC 21.32.020
MPMC 21.10.230
MPMC 21.10.40(G)
Microbrewery/Brew Pub/Wine Room L MPMC 21.10.040(B)
MPMC 21.10.230
Restaurant
w/ Outdoor Dining more than 10% of Gross
Floor Area
P
AUP
-
MPMC 21.10.040(Y)
MPMC 21.32.200
Restaurant, Fast Food
• w/ Drive-through
P
AUP
-
MPMC 21.32.200
Retail Eating Establishment P
Entertainment
Amusement/Game Arcade C MPMC 21.32.020
Concert Hall C MPMC 21.32.020
Comedy Club C MPMC 21.32.020
Commercial Recreation - Indoor AUP MPMC 21.32.200
Commercial Recreation - Outdoor AUP MPMC 21.32.200
Community Center AUP MPMC 21.32.200
Internet Arcade C MPMC 21.32.020
Theater (motion picture) P
Office
Bank/Financial Institution
• w/ Drive-Up ATM Teller
P
AUP

MPMC 21.32.200
Bank, Virtual Teller Branch/Indoor ATM AUP MPMC 21.32.200 Office, Administrative P
Office, Government P
Office, Medical P
Office, Professional P
Office, Service P
Notary Public P
Stockbroker/Trader P
Medical Uses
Acupuncture/Acupressure Clinic/Office P
Clinic (Medical, dental, psychologist, social
work)
P
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Medical Spa P
Optometrist/Ophthalmologist P
Physical Therapy/Sports Medicine P

Land Use Use Regulations Footnotes
Education
Business College (Office or Medical/Dental) P
School, Commercial P
School, Private P
School, V ocational or Trade P
Tutoring P

Footnotes:
(F1) All land uses listed as Permitted and Conditional Uses under the Retail subheading in Table 21.10(A) – Permitted Uses in Commercial Zones of Monterey Park Municipal Code Section 21.10.030 shall be designated General Retail Uses permitted by right within the Atlantic Square Business Recovery Development Zone.

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167659690.14
Exhibit E:

Atlantic Square Development Standards (BRDZ)

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ATLANTIC SQUARE BUSINESS RECOVERY DEVELOPMENT ZONE
EXHIBIT E – STANDARDS OF DEVELOPMENT
Lot Size (minimum)
Width Depth Area
50 ft. 100 ft. 15,000 sq. ft.

Setbacks (minimum)
Front Side Rear
0 ft. Abuts Street: 0 ft.

Abuts Commercial Property: 0 ft.

Abuts Residential Zone: 15 ft.

Abuts Street: 15 ft.

Abuts Commercial Property: 0 ft.

Abuts Residential Zone: 15 ft.

Separated from Residential Zone by an
alley: 15 ft.

Building Height (maximum)
Maximum 25 ft. from residential zone 35 feet from residential zone 40 ft./3 Stories 28 ft./2 Stories 40 ft./3 stories

Floor Area Ratio (maximum)

1.0 Off-Street Parking Regulations
No Minimum Required*
*Project site is exempt from minimum parking requirements per Government Code Section 65863.2 (AB2097 – “Residential, commercial, or other development types: parking requirements.” ) Drive-Through Business
Generally:
• Drive-through business is conditionally permitted as an accessory to an established restaurant or commercial business and subject to a written determination by the City Planner, including findings that the proposed drive-through restaurant is consistent with the Monterey Park Municipal Code. City Planner’s written determination is not final until it is received and filed, or acted upon by the Planning Commission.
• Drive-through aisles shall provide sufficient stacking area behind the menu board to accommodate a minimum of six cars.
• Where pedestrian walkways intersect with drive-through drive aisles, walkways shall have clear visibility and shall be emphasized by striping.

Specifically for Drive-Through Restaurants:
• Structures, drive-through drive aisles, setbacks, landscaping, lighting and menu boards will be constructed as proposed by applicant, subject to a written determination by the City Planner, including findings that the proposed drive-through restaurant is consistent with the Monterey Park Municipal Code. City Planner’s written determination is not final until it is received and filed or acted upon by the Planning Commission.
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Lighting
General Parking Lot
All outdoor lighting must be located and shielded so as to prevent the direct spillage of light or glare onto
adjacent lots and streets.

Parking lots and all areas of open parking must be
provided with the following illumination:

• An average lighting level of no less than two
foot-candles as measured from the parking
surface
• A minimum individual lighting level of no
less than one foot-candle as measure from the
parking surface.

Mechanical Equipment
Any mechanical equipment to be located on the roof of a commercial building, or at grade, must provide adequate screening from public rights-of-way and adjacent properties through the use of parapets or a solid, non- combustible, screening material. Such screening may either be painted to match the exterior color of the commercial building or treated as an architectural feature.

Trash and Waste Facilities
• Project site must include facilities for the storage and collection of trash. Trash enclosures must be located such that sight distances, circulation, parking space access and driveway access are not impeded. • Adequate vehicular access to and from such trash areas must be provided to facilitate collection by the trash hauler.
• Trash enclosure structures must be designed to fit the standardized container as provided by the trash hauler; the interior dimensions of the enclosure must be a minimum of four feet in depth and seven feet in width.
• Trash enclosures must be maintained in a closed manner at all times to prohibit visibility of trash containers from public rights-of-way or adjacent properties.

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169316373.1
Exhibit F:

Development Impact Fees

[TRC & Willdan to coordinate on determination of appliable Development Impact Fees and applicable amounts to be established here.]

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167659690.14
Exhibit G:

Vested Rules as of the Effective Date

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169316373.1
Exhibit G:

Vested Rules as of the Effective Date

Vested Rules include all provisions, as they exist as of the Effective Date, of the City’s General Plan, Municipal Code (including but not limited to Zoning Ordinance and Subdivision Ordinance), and any other ordinances, resolutions, rules, regulations, re quirements, and official policies governing:

Development agreements; permitted uses; density and building intensity; growth control; zoning designations and regulations; subdivision, improvement, grading, landscaping and signage; design, development, improvement, and construction standards and specifications; standards and requirements for public reservations and dedications, public improvements and facilities; transit, parking, open space, employee housing and affordable housing; standards and requirements for processing of Subsequent Permits (as defined in Section 4.1.1); and the Combined Improvements Approvals described in Section 3.4.

For avoidance of doubt, Vested Rules do not include: (i) Uniform Codes, or changes thereto from time to time; (ii) Development Impact Fees or fee calculation methods (which shall be as set forth in Exhibit F; or (iii) fees imposed by other governmental agencies, whether or not collected by City on behalf of such agencies.
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167659690.14

Exhibit H:

Subsequent Permits Approved for the Shopping Center Modernization Improvements

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Exhibit B:

Zone
Map Amendment -
ZA-24-02
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EXISTING ZONING
– S-C
Exhibit B
Atlantic Square (Current)
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ZONE CHANGE TO

S-C ZONE WITH

BRDZ OVERLAY
ZONE
BRDZ Overlay
Exhibit B
Atlantic Square (Proposed)
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Staff Report
November 6, 2024

ATTACHMENT 2
City Council Staff Report, dated October 16,
2024 (without attachments)

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City Council Staff Report
DATE
: October 16, 2024
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council

FROM: Jessica Serrano, Director of Community Development

SUBJECT: A Public Hearing to consider introducing an ordinance approving a Development Agreement (DA -24-01) by and between the City of Monterey Park and Atlantic Square, LLC (TRC) to facilitate improvements on and adjacent to the Atlantic Square Shopping Center located at 2100 South Atlantic Boulevard; to activate the Business Recovery Development Agreement Zone (“BRDZ”) in Monterey Park Municipal Code Chapter 21.45; and to amend the zone map (ZA-24-02).

RECOMMENDATION:

It is recommended that the City Council consider:

1. Opening the public hearing;

2. Receiving documentary and testimonial evidence;

3. Closing the public hearing;

4. Introducing and waiving first reading of an ordinance adopting DA-24-01 and amending the zoning map (ZA-24-02). Second reading and adoption would occur on November 6, 2024. The DA would become effective December 6, 2024; and

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

CEQA (California Environmental Quality Act):

The Ci
ty conducted an environmental review of the proposed project under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq.), and the CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.) (“CEQA”) and determined it is categorically exempt pursuant to CEQA Guidelines § 15302 as a Class 2, replacement or reconstruction project. Under CEQA Guidelines § 15004(b)(4), this Development Agreement comprises a preliminary agreement not subject to CEQA insofar as the Intersection Improvements and New Drive-Thru are concerned.

EXECUTIVE SUMMARY:

By letter dated December 22, 2023, t he owner of the Atlantic Square shopping center located at 2100 S. Atlantic Boulevard (“Shopping Center”), Atlantic Square, LLC, d/b/a/ TRC (“TRC”) submitted an application to the City to amend the existing Conditional Use Permit (CUP) that governs the development and types of uses allowed at the shopping center. The existing CUP was issued in 1989 (with subsequent amendments).

Public Hearing - 4A
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Staff Report

Page 2 of 5 ends

Monterey Park City CouncilNovember 6, 2024

Monterey Park City Council
November 6, 2024