Agenda, regular meeting — Monterey Park City Council, December 18, 2024 (part 2 of 2)

City of Monterey Park Specification No. 2024-009
SECTION D. STANDARD SPECIFICATIONS Page D.25
measures. These control measures will be in place and maintained by the Contractor on a daily basis on days when construction is not in progress due to rain.

All costs associated with water pollution control will be borne by the Contractor. Any expense incurred by the City to expeditiously respond to storm drain contamination resulting from Contractor’s failure to implement water pollution control measures will be charged to the Contractor.

41. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS

Where existing traffic striping, pavement markings, and curb markings are damaged or their reflectively reduced by the Contractor’s operations, such striping or markings will also be considered as existing improvements and the Contractor will replace such improvements.

Relocations, repairs, replacements, or re-establishments will be at least equal to the existing improvements and will match such improvements in finish and dimensions unless otherwise specified.

42. PUBLIC CONVENIENCE AND SAFETY

Unless otherwise specified all traffic control will be performed in accordance with the Work Area Traffic Control Handbook (WATCH) Latest Edition, published by Building News, 3055 Overland Avenue, Los Angeles, CA 90034, telephone 310-474-7771.

43. TRAFFIC AND ACCESS

The Contractor will notify the occupants of all affected properties at least 48 hours before any temporary obstruction of access. Vehicular access to property line will be maintained except as required for construction for a reasonable period of time. No overnight closure of any driveway will be allowed except as permitted by the Public Works Director.

At least one, 12 foot wide, traffic lane will be provided for each direction of travel on all streets at all times except as permitted by the Public Works Director. The traffic lanes will be maintained on pavement and will remain unobstructed. All work requiring that a lane be closed, or a lane moved right or left will be noticed to the traveling public by use of City approved lighted arrow boards.

Clearances from traffic lanes will be five feet to the edge of any excavation and two feet to the face of any curb, pole, barricade, delineator, or other vertical obstruction.

One four-foot-wide paved pedestrian walkway will be maintained in the parkway area on each side of all streets. The clearance from the pedestrian walkway to any traffic lane will be five feet. Pedestrians and vehicles will be protected from all excavations, material storage, and/or obstructions by the placement of an adequate number of lighted barricades (minimum two) at each location, one at each end of the obstruction or

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City of Monterey Park Specification No. 2024-009
SECTION D. STANDARD SPECIFICATIONS Page D.26
excavation), which will have flashing lights during darkness. Barricades will be Type I or Type II per Section 7-3 of the WATCH Manual and lights will be Type A per Section 7-6 of the “Work Area Traffic Control Handbook” (WATCH).

44. STREET CLOSURES, DETOURS, BARRICADES

Street closures will not be allowed except as specifically permitted by the Public Works Director.

The Contractor will prepare any traffic control or detour plans that may be required as directed by the Public Works Director. Lane transitions will not be sharper than a taper of 30 to one.

Temporary traffic channelization will be accomplished with barricades or delineators.

Temporary striping will not be allowed unless specifically permitted by the Public Works Director. The Contractor will prepare any plans that may be required for temporary striping to the satisfaction of the Public Works Director. In no event will temporary striping be allowed on finish pavement surfaces, which are to remain.

Where access to driveway or street crossings need to be maintained, minimum 1 1/4- inch-thick steel plating will be used to bridge the trench. All steel plating will have temporary asphalt concrete 1:12 minimum sloped ramps to assist vehicles to cross comfortably over the plates and have a non-skid surface. Plates subject to vehicle high traffic speeds and in residential areas will be secured by welding at the discretion of the Public Works Director.

45. PROTECTION OF THE PUBLIC

It is part of the service required of the Contractor to make whatever provisions are necessary to protect the public. The Contractor will use foresight and will take such steps and precautions as his operations warrant to protect the public from danger, loss of life or loss of property, which would result from interruption or contamination of public water supply, interruption of other public service, or from the failure of partly completed work or partially removed facilities. Unusual conditions may arise on the Project which will require that immediate and unusual provisions be made to protect the public from danger or loss of life, or damage to life and property, due directly or indirectly to prosecution of work under this contract.

Whenever, in the opinion of the Public Works Director, an emergency exists against which the Contractor has not taken sufficient precaution for the public safety, protection of utilities and protection of adjacent structures or property, which may be damaged by the Contractor’s operations and when, in the opinion of the Public Works Director, immediate action will be considered necessary in order to protect the public or property due to the Contractor’s operations under this contract, the Public Works Director will order the Contractor to provide a remedy for the unsafe condition. If the Contractor fails to act on the situation immediately, the Public Works Director may provide suitable

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City of Monterey Park Specification No. 2024-009
SECTION D. STANDARD SPECIFICATIONS Page D.27
protection to said interests by causing such work to be done and material to be furnished as, in the opinion of the Public Works Director, may seem reasonable and necessary.

The cost and expense of said labor and material, together with the cost and expense of such repairs as are deemed necessary, will be borne by the Contractor. All expenses incurred by the City for emergency repairs will be deducted from the progress payments and the final payment due to the Contractor. Such remedial measures by the City will not relieve the Contractor from full responsibility for public safety.

46. HAZARDOUS MATERIAL

For any excavation, which extends more than four feet below existing grade, the Contractor will promptly, and before the conditions are disturbed, notify the Public Works Director, in writing, of 1) any material that the Contractor believes may be hazardous waste, as defined in Health and Safety Code § 25117, which is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law, 2) subsurface or latent physical conditions at the site differing from those indicated, or 3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents.

After receiving notice from the Contractor, the Public Works Director will promptly investigate any condition identified by the Contractor as being hazardous. The rights and obligations of the City and the Contractor with regard to such conditions (including, without limitation, the procedures for procuring change orders and filing claims) will be specified by the provisions of these Standard Specifications regarding Changed Conditions.

If a dispute arises between the City and the Contractor whether the conditions materially differ, involve hazardous waste, or cause a change in the Contractor’s cost or time required for performance of the work, the Contractor will not be excused from any scheduled completion date provided for by the contract, but will proceed with all work to be performed under the contract.

If the Public Works Director determines that material called to the Public Works Director’s attention by the Contractor is hazardous waste, or if the Public Works Director otherwise discovers the existence of hazardous waste, the Contractor will be responsible for removal and disposal of the hazardous waste by qualified personnel and appropriate equipment in the manner required by law as directed by the Public Works Director.

47. LUMP SUM WORK

Items for which quantities are indicated as “Lump Sum,” “L.S.,” or “Job” will be paid for at the price indicated in the Proposal. Such payment will be full compensation for all costs for labor, equipment, materials and plant necessary to furnish, construct and install the lump sum item of work, complete, in place, and for all necessary appurtenant work,

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City of Monterey Park Specification No. 2024-009
SECTION D. STANDARD SPECIFICATIONS Page D.28
including, but not limited to, all necessary cutting, patching, repair and modification of existing facilities, and clean-up of site.

Contractor will furnish three copies of a detailed schedule, which breaks down the lump sum work into its component parts and cost for each part, in a form and sufficiently detailed as to satisfy Public Works Director that it correctly represents a reasonable apportionment of the lump sum. This schedule is subject to approval by Public Works Director as to both the components into which the lump sum item is broken down, and the proportion of cost attributable to each component.

This schedule will be the basis for progress payments for the lump sum work.

48. PARTIAL AND FINAL PAYMENTS

The closure date for the purpose of making partial progress payments will be the last working day of each month. The Contractor will prepare the partial payment invoice with measurement of the work performed through the closure date and submit it to City for approval.

When work is complete, the Contractor will determine the final quantities of the work performed and prepare the final progress payment and submit it to the Public Works Director for approval.

It will take a minimum of 35 calendar days from the date of approving the Contractor’s invoice to make the payment to the Contractor. However, payments will be withheld pending receipt of any outstanding reports required by the contract documents, or legal release of filed Stop Payment Notices against the Contractor. In addition, the final progress payment will not be released until the Contractor returns the control set of Plans and Specifications showing the as-built conditions.

The full five percent (5%) retention will be deducted from all progress payments. The Contractor will make a payment request for the retained amount, for approval by the City, upon field acceptance of the work by the City Public Works Director. The City Public Works Director upon field acceptance and receipt of the final as-built plans and any other reports or documents required to be provided by the Contractor will process a recommendation to the City Council for acceptance of the work. Not less than 35 calendar days from the City Council acceptance of the work, the Contractor’s final payment will be made provided Stop Payment Notices or other claims have not been filed against the Contractor and/or the City by material suppliers, sub- contractors, other governmental agencies, and private property owners. Until these Stop Payment Notices are released, and claims are resolved the stop payment/claim amount will be withheld from the final payment.

The Contractor, however, may receive interest on the retention for the length of construction, or receive the retention itself as long as the retention is substituted with escrow holder surety or equal value.

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City of Monterey Park Specification No. 2024-009
SECTION D. STANDARD SPECIFICATIONS Page D.29

At the request and expense of the Contractor, surety equivalent to the retention may be deposited with the State Treasurer, or a State or Federally chartered bank, as the escrow agent, who will pay such surety to the Contractor upon satisfactory completion of the contract.

Pursuant to PCC § 22300, the Contractor may substitute securities for retention monies held by the City or request that the City place such monies into an escrow account. The Contractor is notified, pursuant to PCC § 22300, that any such election will be at the Contractor’s own expense and will include costs incurred by the City to accommodate the Contractor’s request.

Progress payment paid by the City as contemplated herein, will be contingent upon the Contractor submitting, in addition to any additional documents, an updated Contract Schedule in the form prescribed by these Contract Documents. Failure of the Contractor to submit an acceptable updated Contract Schedule will result in the City withholding partial payment, without liability to the City, until such an acceptable updated Contract Schedule is submitted. Nothing herein will allow the Contractor to suspend or slow progress of the Work.

A City Council resolution established a Project Payment Account, encumbered money in the current budget, and assigned that money to the Project Payment Account which is the sole source of funds available for payment of the Contract Sum. Contractor understands and agrees that Contractor will be paid only from this special fund and if for any reason this fund is not sufficient to pay Contractor, Contractor will not be entitled to payment. The availability of money in this fund, and City’s ability to draw from this fund, are conditions precedent to City’s obligation to make payments to Contractor.

49. DELIVERED MATERIALS

Materials and equipment delivered or stored, but not incorporated into the work, will not be approved for progress payments.

50. TERMINATION OF AGENCY LIABILITY

Before receiving final payment, the Contractor will execute a “Release on Contract” form which will operate as, and will be a release to the City, the City Council, and each member of the City Council and their agencies, from all claims and liability to the Contractor for anything done or furnished for, or relating to, the work or for any act of neglect of the City of any person relating to or affecting the work, except the claim against the City for the remainder, if any there be, of the amounts kept or retained as in these Standard Specifications and except for any unsettled claims listed on said form which have been filed in compliance with the requirements for making claims.

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City of Monterey Park Specification No. 2024-009
SECTION E. TECHNICAL SPECIFICATIONS Page E.1
SECTION E. TECHNICAL SPECIFICATIONS

No guarantee is made for the quantities estimated under the bid items. The City reserves the right to reduce, increase the quantity or omit an item of work.

A. Mobilization:

Mobilization shall include all activities and associated costs for transportation of contractor's personnel, equipment, and operating supplies to the site; establishment of offices, buildings, and other necessary general facilities for the contractor's operations at the site.

Demobilization shall include all activities and costs for transportation of personnel, equipment, and supplies not required or included in the contract from the site; including the disassembly, removal, and site cleanup of offices, buildings, and other facilities assembled on the site specifically for this contract.

This work includes mobilization and demobilization required by the contract at the time of award. If additional mobilization and demobilization activities and costs are required during the performance of the contract as a result of changed, deleted, or added items of work for which the contractor is entitled to an adjustment in contract price, compensation for such costs will be included in the price adjustment for the item or items of work changed or added.

Provide a detailed project schedule with continuous updates, and executive summary of project status to be submitted with each monthly invoice.

Maintain continuous awareness of the status of each task as it proceeds and make provisions to expedite and resolve any difficulties that may impede progress.

Any street closure requires an encroachment permit. It is the contractor’s responsibility to coordinate with Public Works Department to obtain an encroachment permit. This will be a no-fee permit.

B. Traffic Control:

Traffic control shall conform to the 2024 Fifteenth Edition of the WATCHBOOK. Cost associated to Traffic Control shall be included under Mobilization bid item.

C. Library HVAC Improvements:

1. Contractor shall install the following size HVAC units to replace the existing Carrier package units, curbs as required, and power exhaust as required:
a. Three (3) 2.5-ton Units

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City of Monterey Park Specification No. 2024-009
SECTION E. TECHNICAL SPECIFICATIONS Page E.2
b. One (1) 4-ton Unit
c. Four (4) 5-ton Units
d. Five (5) 6-ton Units
e. Four (4) 8.5-ton Units
f. Six (6) 10-ton Units
g. One (1) 12.5-ton Unit
h. One (1) 15-ton Unit
i. One (1) 20-ton Unit
j. One (1) 4-ton Ductless Unit

2. The City will be installing a total of 26 units, transitioning from gas-powered to fully electric heat pumps. For each unit that currently has a gas line, we need to cap the line just after the nearest shut-off valve. Out of the 26 units, 13 will require electrical upgrades to support the new systems. We plan to reuse all existing conduit raceways and will pull new wire through them, replacing breakers as shown below. Breakers shall be same as existing or as approved by City. Below are the amperage requirements for each unit:
a. 2-ton units: #10 AWG with a 30-amp breaker (total of 3) b. 5-ton units: #10 AWG with a 30-amp breaker (total of 4) c. 6-ton units: #10 AWG with a 30-amp breaker (total of 5) d. 15-ton unit: #5 AWG with a 50-amp breaker (total of 1)

3. Costs related to electrical improvements shall include labor and material for breaker replacement, wiring per latest National Electric Code (NEC), gas line capping, shall be included under Bid Items 11 & 12.

4. The new ductless split system will have the condenser on the roof, where the existing condenser is located, and a new air handling unit suspended by Unistrut where the existing air handling unit is located.

5. A new line set will be installed to follow same path as existing line set.

6. Contractor shall connect the indoor unit to the existing condensate line.

7. The package unit will connect to the existing ductwork, condensate line, and the thermostat control wire.

8. All new units will require a new electrical disconnect with fuses, which shall be furnished by the contractor. All cost related to disconnect replacement shall be included within the listed bid items.

9. Refrigerant for the ductless split system shall be added to the new line set.

10. Each unit will receive a Pelican thermostat TC3 as per Appendix 4. All Pelican System related hardware shall be included but not limited to gateway, repeater, economizer control. Cost for labor and material shall be included within listed bid items.

11. Contractor is responsible to reconnect the fire and life safety devices. Cost associated shall be included within the listed bid items.

12. All HVAC units will be provided by the City. The contractor shall coordinate delivery with manufacturer (SIGLER), up to 10 deliveries. Delivery coordination costs shall be included within listed bid items.

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City of Monterey Park Specification No. 2024-009
SECTION E. TECHNICAL SPECIFICATIONS Page E.3

13. Upon installation of HVAC units, manufacturer start-up and air balance test will be required. Cost shall be included within the listed bid items.

14. All crane related coordination and cost shall be included within listed bid items.

15. Contractor shall haul away old equipment. Hauling cost shall be included within listed bid items.

16. Contractor must submit and obtain an electrical and mechanical permit from the City’s Building & Safety Division for the required work. This will be a no-fee permit.

Contractor is responsible to contact the City’s Building & Safety Division for all required inspections.

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City of Monterey Park Specification No. 2024-009
APPENDIX 1. CITY OF MONTEREY PARK PUBLIC WORKS CONTRACT Page A1.1

PUBLIC WORKS CONTRACT

BETWEEN

THE CITY OF MONTEREY PARK
AND
___________________________________

This CONTRACT is entered into this ___ day of ______________, 20__, by and between the CITY OF MONTEREY PARK, a general law city and municipal corporation (“the City”) and _____________________________________________ (“the Contractor”).

1. WORK .

A. The Contractor will provide all work required by the Contract Documents (the “Work”). The Contractor agrees to do additional work arising from changes ordered by the City in accordance with the Contract Documents.

B. The Contractor and the City agree to abide by the terms and conditions contained in the Contract Documents;
C. The Contractor will furnish all of the labor; supplies and materials; equipment; printing; vehicles; transportation; office space and facilities; all tests, testing and analyses; and all matters whatsoever (except as otherwise expressly specified to be furnished by the City) needed to perform and complete the Work and provide the services required of the Contractor by the Contract Documents.

D. “Contract Documents” means the Notice Inviting Bids; Instructions to Bidders; Supplementary Instructions to Bidders; Proposal; this Contract; Standard Specifications; Supplementary Conditions; Exhibits; Technical Specifications; List of Drawings; Drawings; Addenda; Notice to Proceed; Change Orders; Notice of Completion; and all other documents identified in the Contract Documents which together form the contract between the City and the Contractor for the Work. The Contract Documents constitute the complete agreement between the City and the Contractor and supersede any previous agreements or understandings.

2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed _ _ ($ ) dollars for the Work in the manner set forth in the Contract Documents. The City may adjust

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City of Monterey Park Specification No. 2024-009
APPENDIX 1. CITY OF MONTEREY PARK PUBLIC WORKS CONTRACT Page A1.2 this amount as set forth in the Contract Documents.

3. TIME FOR PERFORMANCE .

A. The Contractor will fully complete the Work within 60 working days (the “Contract Time.”)
B. The Contract Time will commence when the City issues a notice to proceed.

The Contract Documents will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract.

C. The Contractor may not perform any Work until:
i. The Contractor furnishes proof of insurance as required by the Contract Documents; and
ii. The City gives the Contractor a written, signed, and numbered purchase order and notice to proceed.

D. By signing this Contract, the Contractor represents to the City that the Contract Time is reasonable for completion of the Work and that the Contractor will complete the Work within the Contract Time.

E. Should the Contractor begin the Work before receiving written authorization to proceed, any such Work is at the Contractor’s own cost and risk.

4. DISPUTES. Disputes arising from this contract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240-10240.13.

5. THIRD PARTY CLAIMS . In accordance with Public Contracts Code § 9201, the City will promptly inform the Contractor regarding third-party claims against the Contractor, but in no event later than ten (10) business days after the City receives such claims. Such notification will be in writing and forwarded in accordance with the “Notice” section of the Contract Documents. As more specifically detailed in the Contract Documents, the Contractor agrees to indemnify and defend the City against any third-party claim.

6. TAXPAYER IDENTIFICATION NUMBER . The Contractor will provide the City with a Taxpayer Identification Number.

7. PERMITS AND LICENSES . Unless otherwise provided, the Contractor, at its sole expense, will obtain and maintain during the Contract Time, all necessary permits, licenses, and certificates that may be required in connection with the Work.

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City of Monterey Park Specification No. 2024-009
APPENDIX 1. CITY OF MONTEREY PARK PUBLIC WORKS CONTRACT Page A1.3 documents and materials as desired, but will deliver all original materials to the City upon the City’s written notice.

9. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City harmless as set forth in the Contract Documents. The requirements as to the types and limits of insurance coverage to be maintained by the Contractor as required by the Contract Documents, and any approval of such insurance by the City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Contract Documents, including, without limitation, to the provisions concerning indemnification.

10. INDEPENDENT CONTRACTOR. The City and the Contractor agree that the Contractor will act as an independent contractor and will have control of all work and the manner in which is it performed. The Contractor will be free to contract for similar service to be performed for other employers while under contract with the City. The Contractor is not an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits the City provides for its employees. Any provision in this Contract that may appear to give the City the right to direct the Contractor as to the details of doing the work or to exercise a measure of control over the work means that the Contractor will follow the direction of the City as to end results of the work only.

11. AUDIT OF RECORDS. The Contractor will maintain full and accurate records with respect to all services and matters covered under this Contract. The City will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. The Contractor will retain such financial and program service records for at least three (3) years after termination or final payment under the Contract Documents.

12. NOTICES . All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:

The City The Contractor
City of Monterey Park __________________________
Attn: ______________________ Attn: ______________________ 320 West Newmark Avenue __________________________
Monterey Park, CA 91754 __________________________
Any such written communications by mail will be conclusively deemed to have been received by the addressee three (3) days after deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes

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City of Monterey Park Specification No. 2024-009
APPENDIX 1. CITY OF MONTEREY PARK PUBLIC WORKS CONTRACT Page A1.4 may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.

13. NO THIRD PARTY BENEFICIARY . This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor’s or the City’s obligations under this Contract.

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

15. EFFECT OF CONFLICT . In the event of any conflict, inconsistency, or incongruity between any provision of the Contract Documents, precedence will be as follows:

A. This Contract;
B. The Standard Specifications; and
C. Precedence of documents as determined in the Standard Specifications.

16. SEVERABILITY. If any portion of the Contract Documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Contract will continue in full force and effect.

17. AUTHORITY/MODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Contract and to engage in the actions described herein. This Contract may be modified by written amendment. The City’s city manager, or designee, may execute any such amendment on the City’s behalf.

18. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature.

19. COVENANTS AND CONDITIONS. The parties agree that all of the provisions hereof will be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph.

20. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract.

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APPENDIX 1. CITY OF MONTEREY PARK PUBLIC WORKS CONTRACT Page A1.5

21. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents.

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City of Monterey Park Specification No. 2024-009
APPENDIX 1. CITY OF MONTEREY PARK PUBLIC WORKS CONTRACT Page A1.6 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.

CITY OF MONTEREY PARK ___________________________

____________________________ ___________________________ Inez Alvarez INSERT AUTHORIZED NAME
City Manager INSERT TITLE
Taxpayer ID No. INSERT TAX PAYER ID
NUMBER

ATTEST:
____________________________
Maychelle Yee
City Clerk

APPROVED BY:

_______________________
Karl H. Berger
City Attorney

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City of Monterey Park Specification No. 2024-009
APPENDIX 1. CITY OF MONTEREY PARK PUBLIC WORKS CONTRACT Page A1.7

FAITHFUL PERFORMANCE BOND
Bond No.:_____________
Bond Fee:_____________
(“PRINCIPAL”) and , a corporation incorporated under the laws of the State of and licensed by the State of California to execute bonds and undertakings as sole surety, as surety (“SURETY”), are held and firmly bound unto the CITY OF MONTEREY PARK (“CITY”) in the sum of ($ ) dollars, lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument.

PRINCIPAL or SURETY will apply this bond for the faithful performance of any and all of the conditions and stipulations set forth in this bond, SPECIFICATION NO. 2024-009 , and the public works contract executed with such Specifications. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default.

BOND CONDITIONS

1. PRINCIPAL will construct the public improvements identified in SPECIFICATION NO. 2024-009, a copy of which is on file with CITY’s Engineering Division (“Public Project”). Such performance will be in accordance with CITY’s plans and profiles which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY’s Engineering Division. CITY has estimated the required amount of the bond as shown above.

2. PRINCIPAL’s work on the Public Project will be done in accordance with

3. CITY’s plans and specifications and with any permit issued by CITY. Should PRINCIPAL fail to complete all required work within the time allowed, CITY may, at its sole discretion, cause all required work to be done and the parties executing the bond will be firmly bound for the payment of all necessary costs therefor.

4. PRINCIPAL will guarantee its work against any defective work, labor, or materials on the Public Project for a period of one (1) year following the Public Project’s completion and acceptance by CITY.

5. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the Monterey Park Municipal Code (“ESMC”).

6. SURETY, for value received, agrees that no changes, extensions of time, alteration or modification of SPECIFICATIONS NO. 2024-009 or of the obligation

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City of Monterey Park Specification No. 2024-009
APPENDIX 1. CITY OF MONTEREY PARK PUBLIC WORKS CONTRACT Page A1.8 to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed.

7. This bond consists of this instrument; the plans and specifications identified above; and the following two (2) attached exhibits all of which are incorporated herein by reference:

A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so;
B. A certificate issued by the county clerk for the county in which SURETY’s representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY’s certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted; and

8. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL’s obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect.

SIGNED AND SEALED this day of , 20__.

PRINCIPAL’s PRESIDENT SURETY’s PRESIDENT

PRINCIPAL’s SECRETARY SURETY’s SECRETARY

PRINCIPAL’s MAILING ADDRESS: SURETY’s MAILING ADDRESS:

NOTE: All signatures shall be acknowledged by a notary public. Return two (2) originals to City Clerk’s Office.

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APPENDIX 1. CITY OF MONTEREY PARK PUBLIC WORKS CONTRACT Page A1.9

LABOR AND MATERIAL BOND
Bond No.:_____________
Bond Fee:_____________
, as principal (“PRINCIPAL”) and , a corporation incorporated under the laws of the State of and licensed by the State of California to execute bonds and undertakings as sole surety, as surety (“SURETY”), are held and firmly bound unto the CITY OF MONTEREY PARK (“CITY”) in the sum of ($ ) dollars, lawful money of the United States, which may be increased or decreased by a rider hereto executed in the same manner as this bond, for the payment of which sum PRINCIPAL and SURETY bind themselves, their successors, and assigns, jointly and severally, by this instrument.

This bond is conditioned upon and guarantees payment by PRINCIPAL to contractors, subcontractors, and persons renting equipment; payment by PRINCIPAL and all PRINCIPAL’S subcontractors for all materials, provisions, provender, or other supplies, and equipment used in, upon, for or about the performance of the work contemplated in Bruggemeyer Library HVAC Improvements Specification No. 2024-009 (“Public Project”), the public works contract executed for such Public Project, and for all work or labor of any kind performed for the Public Project. In the case of any default in the performance of the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will apply the bond or any portion thereof, to the satisfaction of any damages, reclamation, assessments, penalties, or deficiencies arising by reason of such default.

BOND CONDITIONS

1. PRINCIPAL will construct the public improvements identified in the Public Project and the public works contract executed for such Public Project, copies of which is on file with CITY’s Public Works Department. Such performance will be in accordance with CITY’s plans and profiles Bruggemeyer Library HVAC Improvements Specification No. 2024-009 which are made a part of this bond when said plans and profiles are approved by the City Council and filed with CITY’s Public Works Department.

2. PRINCIPAL will pay all contractors, subcontractors, and persons renting equipment.

3. PRINCIPAL will pay for all materials and other supplies, for equipment used in, on, for or about the performance of the Public Project, and will pay for all work and labor thereon.

4. This bond is conditioned upon and guarantees due compliance with all applicable law including, without limitation, the Monterey Park Municipal Code (“ESMC”).

5. SURETY, for value received, agrees that no changes, extensions of time,

Page 191 of 431 ends

City of Monterey Park Specification No. 2024-009
APPENDIX 1. CITY OF MONTEREY PARK PUBLIC WORKS CONTRACT Page A1.10 alteration or modification of the Public Project or of the obligation to be performed will in any way affect its obligation on this bond, and it waives notice of any such change, extension of time, alteration or modification of the contract documents or of the obligation to be performed.

6. This bond consists of this instrument; the plans and specifications identified above; and the following TWO (2) attached exhibits all of which are incorporated herein by reference:

A. A certified copy of the appointment, power of attorney, bylaws or other instrument entitling or authorizing the persons executing this bond to do so; and
B. A certificate issued by the county clerk for the county in which SURETY’s representative is located conforming with California Code of Civil Procedure § 995.640 and stating that SURETY’s certificate of authority has not been surrendered, revoked, cancelled, annulled, or suspended, or in the event that it has, that renewed authority has been granted.

7. Should PRINCIPAL perform its obligations within the time allowed, PRINCIPAL’s obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation will remain in full force and effect.

SIGNED AND SEALED this day of , 20__.

PRINCIPAL’s PRESIDENT SURETY’s PRESIDENT

PRINCIPAL’s SECRETARY SURETY’s SECRETARY

PRINCIPAL’s MAILING ADDRESS: SURETY’s MAILING ADDRESS:

NOTE: All signatures shall be acknowledged by a notary public. Return two (2) originals to City Clerk’s Office.
--END OF SECTION--

Page 192 of 431 ends

City of Monterey Park Specification No. 2024-009
APPENDIX 2. CONTRACT FOR SECURITY DEPOSITS IN LIEU OF RETENTION Page A2.1

CONTRACT FOR SECURITY DEPOSITS IN LIEU OF RETENTION
[PURSUANT TO PUBLIC CONTRACTS CODE § 22300]
This AGREEMENT is entered into this day of XX, 20XX, by and between the CITY OF MONTEREY PARK, a general law city and municipal corporation (“CITY”), (“CONTRACTOR”), and (“AGENT”).

1. RECITALS. This Agreement is made with reference to the following facts and objectives:

A. On or about , CITY and CONTRACTOR entered into a public works contract (Specifications No. ) for (“Contract”).

B. The Contract allows CITY to withhold a portion of the monies due to CONTRACTOR to help ensure CONTRACTOR’s performance of the Contract.

C. The Contract, in accordance with Public Contracts Code (“PCC”) § 22300, allows CONTRACTOR to substitute securities for the retention amount or establish an escrow account for monies withheld by CITY.

2. SECURITY DEPOSITS IN LIEU OF RETENTION. In accordance with PCC § 22300, CONTRACTOR may
A. Deposit securities with AGENT as a substitute for retention earnings required to be withheld by CITY pursuant to the Contract. When CONTRACTOR deposits the securities as a substitute for Contract earnings, AGENT will notify CITY within ten (10) days of the deposit. The market value of the securities at the time of the substitution will be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract. Such amount is calculated to be ($ ). Securities will be held in the name of the City of Monterey Park, and will designate the CONTRACTOR as the beneficial owner of such securities; or B. Upon written notice, request CITY to make payments of the retention earnings directly to AGENT.

3. PROGRESS PAYMENTS; SECURITIES. CITY will make progress payments to CONTRACTOR for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the AGENT holds securities in the form and amount specified above.

4. RETENTION EARNINGS; ESCROW ACCOUNT. When CITY makes payment of retention earnings directly to AGENT, AGENT will hold them for the benefit of CONTRACTOR until the time that the escrow created under this Agreement is terminated. CONTRACTOR may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and

Page 193 of 431 ends

City of Monterey Park Specification No. 2024-009
APPENDIX 2. CONTRACT FOR SECURITY DEPOSITS IN LIEU OF RETENTION Page A2.2 responsibilities of the parties will be equally applicable and binding when CITY pays AGENT directly.

5. CONTRACTOR’S EXPENSE. CONTRACTOR will be responsible for paying all fees for the expenses incurred by AGENT in administering the Escrow Account and all of CITY’s expenses. These expenses and payment terms will be determined by CITY, CONTRACTOR, and AGENT.

6. INTEREST; SECURITIES. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest will be for the sole account of CONTRACTOR and will be subject to withdrawal by CONTRACTOR at any time and from time to time without notice to CITY.

7. INTEREST; ESCROW ACCOUNT. CONTRACTOR will have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to AGENT accompanied by written authorization from CITY to AGENT that CITY consents to the withdrawal of the amount sought to be withdrawn by CONTRACTOR.

8. DEFAULT BY CONTRACTOR; SECURITIES. CITY will have a right to draw upon the securities in the event of CONTRACTOR’s default of the Contract.

Upon seven (7) days’ written notice to AGENT from CITY of the default, AGENT will immediately convert the securities to cash and will distribute the cash as instructed by CITY.

9. RELEASE OF ESCROW. After receiving a copy of the recorded Notice of Completion from CITY, and not earlier than the first working day following 35 days after the Notice of Completion was recorded, AGENT will release to CONTRACTOR all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow will be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges.

10. NOTIFICATIONS TO AGENT; HOLD HARMLESS. AGENT will rely on the written notifications from CITY and CONTRACTOR pursuant to this Agreement and CITY and CONTRACTOR will hold AGENT harmless from AGENT’s release and disbursement of the securities and interest as set forth above.

11. RESPONSIBLE PERSONS. The names of the persons who are authorized to give written notice or to receive written notice on behalf of CITY and on behalf of CONTRACTOR in connection with the foregoing, and exemplars of their respective signatures are as follows:

For CITY: Facsimile:

For CONTRACTOR: Facsimile:

For AGENT: Facsimile:

Page 194 of 431 ends

City of Monterey Park Specification No. 2024-009
APPENDIX 2. CONTRACT FOR SECURITY DEPOSITS IN LIEU OF RETENTION Page A2.3

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

13. ENTIRE AGREEMENT. This Agreement sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns.

14. SEVERABILITY. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect.

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

16. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature.

17. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement.

18. COUNTERPARTS. This Agreement may be executed in any number or counterparts, each of which will be an original, but all of which together will constitute one instrument executed on the same date. At the time the Escrow Account is opened, CITY and CONTRACTOR will deliver to the AGENT a fully executed counterpart of this Agreement.

Page 195 of 431 ends

City of Monterey Park Specification No. 2024-009
APPENDIX 2. CONTRACT FOR SECURITY DEPOSITS IN LIEU OF RETENTION Page A2.4 IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.

IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.

CITY OF MONTEREY PARK ____________________________

______________________________ ____________________________ Ron Bow INSERT AUTHORIZED NAME
City Manager INSERT TITLE
Taxpayer ID No. INSERT TAX PAYER ID
NUMBER

ATTEST:
_____________________________
Maychelle Yee
City Clerk

APPROVED BY:
_________________________________
Karl H. Berger
City Attorney

--END OF SECTION--

Page 196 of 431 ends

City of Monterey Park Specification No. 2024-009
APPENDIX 3. CONTACT INFORMATION Page A3.1
The Contractor shall notify the City and the owners of all utilities and substructures not less than 48 hours prior to starting construction. The following list of names and telephone numbers is intended for the convenience of the Contractor and is not guaranteed to be complete or correct:

UPDATE CONTACT LIST AS NECESSARY
CITY OF MONTEREY PARK, Engineering Div. (626) 307-1320 Anthony Bendezu CITY OF MONTEREY PARK, Water Div. (626) 307-1293 George Noriega SOUTHERN CALIFORNIA EDISON COMPANY (626) 221-4268 Claudio Hernandez SOUTHERN CALIFORNIA GAS COMPANY (714) 634-3186 Fernando Rojo METROPOLITAN WATER DISTRICT (562) 713-0348 Kevin Johansen AT&T (626) 318-9039 Marco Macias CHARTER CABLE TELEVISION (626) 705-7473 Luis Gonzales UNDERGROUND SERVICE ALERT (USA) 811
POLICE DEPARTMENT DISPATCH (626) 307-1211
FIRE DEPARTMENT DISPATCH (626) 307-1262

--END OF SECTION--

Page 197 of 431 ends

City of Monterey Park Specification No. 2024-009
APPENDIX 4. PELICAN WIRELESS SYSTEMS SPECIFICATION Page A4.1

APPENDIX 4. PELICAN WIRELESS SYSTEMS SPECIFICATION

Page 198 of 431 ends

PROJECT NUMBER:

P-24071116 HVAC UPGRADE

CLIMATE CONTROLS

CITY OF MONTEREY PARK

BRUGGEMEYER MEMORIAL LIBRARY
318 S. RAMONA AVENUE
MONTEREY PARK, CA 91754
REV01: 07/11/2024
PAGE:
1 of 4

MFG PART NUMBER PART NAME QTY
PELICAN GW400 PELICAN GATEWAY 1
PELICAN WR400 PELICAN REPEATER X
LAN
GW400

PELICAN

GA TEWA Y

PELICAN
WEB

PELICAN MESH
IEE 802.15.4
POWER

ETHERNET

Page 199 of 431 ends

DRAWN BY:

CM
DRAWING NUMBER: DATE CREATED:REV. NO. DRAWING TITLE:BUILDING:

OPERATING CHARACTERISTICS

CONFIGURATIONS
CONFIGURE THE GATEWAY FOR A NEW SITE: GO TO WWW.PELICANWIRELESS.COM > NEW SITE SETUP STEP 1 - ENTER THE GATEWAY SERIAL NUMBER
STEP 2 - ENTER THE DESIRED NAME OF THE SITE WITH NO SPACES. LETTERS, NUMBERS, DASH, AND UNDERSCORE ARE ACCEPTABLE. THE NAME IS NOT CASE SENSITIVE. (IF THE NAME IS ALREADY IN USED YOU WILL BE NOTIFIED.) STEP 3 - ENTER YOUR EMAIL ADDRESS AS THE ADMINISTRATOR. (YOU CAN ADD AS MANY ADMINISTRATORS AND USERS LATER AS WELL AS REMOVE YOURSELF IF YOU CHOOSE.)
STEP 4 - ENTER THE ZIP CODE OF THE LOCATION WHERE YOU ARE INSTALLING.

STEP 5 - VERIFY THAT THE INFORMATION, ESPECIALLY THE EMAIL ADDRESS, IS CORRECT AND CLICK SUBMIT.

STEP 6 - FROM THE AUTO GENERATED EMAIL (POSSIBLY IN YOUR SPAM FOLDER) LOGIN TO THE SITE.

CONFIGURE THE GATEWAY ON AN EXISTING SITE: GO TO THE SITE NAME OF THE EXISTING SITE.

STEP 1 - LOGIN TO THE SITE
STEP 2 - CLICK ON ADMIN
STEP 3 - CLICK ON SITE SETTINGS
STEP 4 - CLICK ON GATEWAYS
STEP 5 - CLICK THE “+”
STEP 6 - ENTER THE NEW GATEWAY SERIAL NUMBER.

STEP 7 - CLICK ON THAT GATEWAY AND ENTER THE NAME OF THE ROOM IT IS LOCATED IN.

NOTE: IF YOU HAVE ANY TROUBLE WITH THIS STEP PLEASE CONTACT PELICAN WIRELESS SUPPORT AT [email protected] or 888-512-0490 Opt 2.

D-24071116-1 PELICAN GATEWAY 07/11/2024REV01

1. THE PELICAN GATEWAY COMMUNICATES THE PELICAN WIRELESS NETWORK UTILIZING IEEE STANDARD 802.15.4 AT 2.48GHZ LOCALLY WITH ALL

PELICAN DEVICES AND CONNECTS THEM TO THE PELICAN CLOUD OVER AN ENCRYPTED VLAN CONNECTION THROUGH OUTBOUND ONLY FIREWALL PORTS. THERE IS NO PUBLIC IP ASSIGNED AND MAPPED TO ANY INTERNAL CUSTOMER LOCATION.

2. The Pelican Gateway connects to your network router or switch. It recieves a DHCP IP address (static IP is optional) and will establish an Outbound connection to your Pelican App.

PROJECT NUMBER: PAGE:
2 of 4
NOTE 1: DEVICE WILL REQUIRE POWER FROM AN UNINTERRUPTED 120V POWER SOURCE.

NOTE 2: INSTALL IN A LOCATION THAT IS HIGH ON THE WALL WITH THE ANTENNA POINTED STRAIGHT UP.

NOTE 3: LINE OF SITE TO PELICAN DEVICES FROM THE GATEWAY

ARE NOT TO BE OBSTRUCTED BY ANY SOLID METAL STRUCTURE,
BUNDLE OF WIRING, OR METAL PIPING.

NOTE 4: DO NOT PLACE WITHIN 10 FEET OF ANY OTHER WIRELESS

EMITTING DEVICE OR HIGH VOLTAGE SOURCE OR DEVICE SUCH AS TRANSFORMERS, MOTORS, VFDs, OR SWITCHGEAR.

NOTE 5: PLUG CAT5 CABLE INTO CUSTOMERS INTERNET SWITCH
FOR OUTBOUND ACCESS TO THE INTERNET.

NOTE 6: FOR ASSISTANCE WITH CONFIGURING THE GATEWAY FOR STATIC IP CONTACT PELICAN TECHNICAL SUPPORT.

NOTES

NETWORK SWITCH

MODEM ROUTER

GATEWAY
P-24071116

MONTEREY PARK

BRUGGEMEYER LIBRARY

Page 200 of 431 ends

DRAWN BY:

CM
DRAWING NUMBER: DATE CREATED:REV. NO. DRAWING TITLE:BUILDING:

D-24071116-2 PELICAN REPEATER 07/11/2024REV01
PROJECT NUMBER: PAGE:
3 of 4P-24071116

MONTEREY PARK

BRUGGEMEYER LIBRARY

OPERATING CHARACTERISTICS

CONFIGURATIONS
Configuration with Pelican WebApp: Go to – ADMIN > NETWORK MAP> and select the correct serial number.

Put the building and room number as the name. e.g. BLDG1RM201, or BLDG76RM400 NOTE: IF YOU HAVE ANY TROUBLE WITH THIS STEP PLEASE CONTACT PELICAN WIRELESS SUPPORT AT [email protected] or 888-512-0490 Opt 2.

1. THE PELICAN REPEATER COMMUNICATES THE PELICAN WIRELESS NETWORK UTILIZING IEEE STANDARD 802.15.4 AT 2.48GHZ

LOCALLY WITH ALL PELICAN DEVICES AND CONNECTS THEM TO THE PELICAN CLOUD OVER AN ENCRYPTED VLAN CONNECTION THROUGH OUTBOUND ONLY FIREWALL PORTS. THERE IS NO PUBLIC IP ASSIGNED AND MAPPED TO ANY INTERNAL CUSTOMER LOCATION.

2. THE PELICAN REPEATER EXTENDS THE PELICAN NETWORK SIGNAL AS NEEDED.

NOTE 1: DEVICE WILL REQUIRE POWER FROM AN
UNINTERRUPTED 120V POWER SOURCE.

NOTE 2: INSTALL IN A LOCATION THAT IS HIGH ON THE
WALL WITH THE ANTENNA POINTED STRAIGHT UP.

NOTE 3: LINE OF SITE TO PELICAN DEVICES FROM THE

GATEWAY ARE NOT TO BE OBSTRUCTED BY ANY SOLID METAL
STRUCTURE, BUNDLE OF WIRING, OR METAL PIPING..

NOTE 4: DO NOT PLACE WITHIN 10 FEET OF ANY OTHER

WIRELESS EMITTING DEVICE OR HIGH VOLTAGE SOURCE OR
DEVICE SUCH AS TRANSFORMERS, MOTORS, VFDs, OR
SWITCHGEAR.

NOTE 5: LOCATE IN SUCH A LOCATION THAT IT CAN REACH
THE LTE NETWORK OUTSIDE THE STRUCTURE..

NOTES

REPEA TER

Page 201 of 431 ends

DRAWN BY:

CM
DRAWING NUMBER: DATE CREATED:REV. NO. DRAWING TITLE:BUILDING:

D-24071116-3 AC UNIT CONTROLS 07/11/2024REV01
PROJECT NUMBER: PAGE:
4 of 4P-24071116

MONTEREY PARK

BRUGGEMEYER LIBRARY

AC UNIT AIR FLOW SCHEMATIC

MFG PART NUMBER PART NAME QTY
NOTE 1: (A1), (A2), (A3), &(A4) ARE 0-10 VDC ANALOG
OUTPUTS.

NOTE 2: (Y, W, G, W2, Y2, G2, W3, Y3) ARE 24 VAC
BINARY OUTPUTS.

NOTE 3: ALL COMMON (C) TERMINALS ON CONTROLLER ARE
INTERNALLY CONNECTED.

NOTE 4: ONLY WIRE (D) WIRE BETWEEN PELICAN
CONTROLLERS AS SHOWN IN WIRING DIAGRAM. DO NOT WIRE

ANY OTHER DEVICES TO THE (D) TERMINALS UNLESS SHOWN
ON DIAGRAM.

NOTE 5: (R1 TO R6) ARE 24 VAC ISOLATION RELAYS.

INSTALL NEW AS NEEDED UPON FIELD REVIEW AND TO MEET
APPLICATION REQUIREMENTS.

NOTE 6: CONTROLLER TO BE INSTALLED INSIDE CONTROL
PANEL.

NOTE 7: ANTENNA AND THERMOSTAT TO BE INSTALLED

OUTSIDE CONTROLS PANEL AND OUTSIDE OF ALL METAL
ENCLOSURE. ANTENNA AND THERMOSTAT TO BE AWAY FROM
METAL OBJECTS THAT WILL BLOCK WIRELESS SIGNAL. MUST

BE INSTALLED IN A LOCATION WHERE IT CAN CONNECT AND
COMMUNICATE WITH THE PELICAN WIRELESS MESH NETWORK.

NOTE 8: ALL TEMPERATURE PROBES TO BE 10K TYPE 2.

NOTE 9: ONLY WIRE ONE (1) WIRE PER TERMINAL ON EACH
PELICAN DEVICE. USE WIRE NUTS WHERE REQUIRED.

NOTE 10: A SINGLE COMMON TRANSFORMER CAN BE USED FOR
ALL CONTROLS.

NOTES
PELICAN TC3 TEMP & CO2 TOUCH STAT 23
PELICAN PEARL ADVANCED CONTROLLER 23

SEQUENCE OF OPERATIONS

CONFIGURATIONS
SA
RA
OA
M

SUPPLY FAN
T
SUPPLY
T

OUTSIDE G
F
HEAT
STAGE
COOL
STAGE
RETURN
DAMPER

MECHANICALLY
LINKED

MODULATING

ACTUATOR
D
X

PELICAN TC SERIES

THERMOSTAT

BACK PLATE
TC3 THERMOSTAT
Pearl
Economizer
Controller

PELICAN
Pearl
Economizer
Controller

PELICAN

LOW VOLTAGE

TERMINALS
SUPPLY
FAN
HEAT
STAGE 1
COOL
STAGE 1
HEAT
STAGE 2
COOL
STAGE 2
24 VAC COMMON
T1
T2
T3
SUPPLY AIR TEMPERATURE SENSOR (10K TYPE II)
OUTSIDE AIR TEMPERATURE SENSOR (10K TYPE II)
NOTE 5
NOTE 7
NOTE 6

OUTSIDE

ACTUATOR
COMMON
2-10 VDC FEEDBACK OUTPUT
2-10 VDC POSITION INPUT
HOT+
(POWER)

AC UNIT CONTROLLER
(TYPICAL TO 23)
NORMAL OPERATIONS:

OCCUPIED MODE: THE AHU WILL MAINTAIN

1. THERMOSTATS SHALL BE SET TO 68°F (ADJ) ROOM HEAT SET POINT, 73°F (ADJ) ROOM COOL SET POINT, AND FAN TO ON.

2. OUTSIDE DAMPER SHALL OPEN TO MINIMUM AIRFLOW RATE (SET BY TAB), SUPPLY FAN SHALL RUN BY EMS.

UNOCCUPIED MODE (NIGHT SETBACK), SCHEDULED FROM PELICAN EMS,:

1. UNOCCUPIED SET-BACK ACCORDING TO CUSTOMER COMFORT AND ENERGY STANDARDS.

2. FAN SHALL BE IN STANDBY.

3. HEATING AND COOLING SHALL BE IN STANDBY.

4. ZONE SET POINT ADJUSTMENT: THE OCCUPANT WILL BE ABLE TO ADJUST THE TEMPERATURE SET POINTS AT EACH THERMOSTAT. USER DEFINABLE SET POINT LIMITS SHALL BE IN PLACE.

MORNING START:

1. THE OCCUPIED SCHEDULE SHALL USE OPTIMUM START, THE THERMOSTAT SHALL BE SCHEDULED FOR THE TIME WHEN OCCUPANTS NORMALLY ARRIVE AND SHALL AUTO-CALCULATE WHEN TO START THE UNIT TO BRING ROOM TO THE OCCUPIED TEMPERATURE SET POINTS.

2. AT LEAST 1 HOUR BEFORE OCCUPANCY, THERMOSTAT SHALL CALL FOR FAN/VENTILATION.

HEATING MODES:

1. THERMOSTATS SHALL MONITOR THE ROOM TEMPERATURES. IF THE ROOM TEMPERATURE IS BELOW THE HEAT SET POINT, THERMOSTATS SHALL ENABLE HEAT TO PROPERLY HEAT THE SPACE.

2. DURING HEATING CYCLE, SUPPLY FAN SHALL BE ACTIVE.

DEMAND VENTILATION:

1. IF THE CO2 LEVEL IN THE ROOM RISES ABOVE 800 PPM (ADJ) THE FAN SHALL BE FORCED ON, IF NOT ALREADY ENABLED, AND THE OUTSIDE DAMPER SHALL INCREASE ITS VENTILATION POSITION IN RELATION TO THE CO2 RISE. THE OUTSIDE DAMPER SHALL NOT OPEN BEYOND THE MAXIMUM DAMPER POSITION (SET BY TAB).

COOLING MODES:

1. THERMOSTATS SHALL MONITOR THE ROOM TEMPERATURES. IF THE ROOM TEMPERATURE IS ABOVE THE COOL SET POINT, THERMOSTATS SHALL ENABLE MECHANICAL COOLING TO PROPERLY COOL THE SPACE.

2. ECONOMIZER: IF OUTSIDE AIR IS BELOW THE ROOM TEMPERATURE BY AT LEAST 2°F, THERMOSTAT SHALL ALLOW FOR ECONOMIZER CYCLE TO COOL ROOM.

3. DURING COOLING CYCLE, SUPPLY FAN SHALL BE ACTIVE.

SAFETIES AND ALARMS:

1. FAULTS SHALL ALARM TO THE PELICAN EMS.

TC3 (THERMOSTAT)
NAME: (ROOM NAME)
DESCRIPTION: AC-x
SYSTEM TYPE: CONVENTIONAL
HEAT STAGES: 2
COOL STAGES: 2
FAN STAGES: 1
HEAT NEEDS FAN: YES
TEMPERATURE SETTINGS:
(LEAVE DEFAULTS)
THERMOSTAT OPERATION:
(LEAVE DEFAULTS)
ECONOMIZER: ON
AUTO CONFIGURE: NO
HIGH LIMIT: AUTO
ACTIVE DIFFERENTIAL: 2°F
FIXED ENTHALPY: NO
VARIABLE DAMPER: YES
DAMPER VOLTAGES:

OPEN: 10.0
CLOSED: 2.0
MINIMUM POSITION: (SET BY TAB)
TRACK DAMPER POSITION: YES
DEMAND VENTILATION: YES
MAXIMUM VENT POSITION: (SET BY
TAB)
VARIABLE SPEED FAN: OFF
INPUT SENSOR T1: ON
FUNCTION: SUPPLY TEMPERATURE
INPUT SENSOR T2: OFF
INPUT SENSOR T3: ON
FUNCTION: OUTSIDE TEMPERATURE

Page 202 of 431 ends

City of Monterey Park Specification No. 2024-009
APPENDIX 5. HEAT PUMP MATERIAL LIST Page A5.1

APPENDIX 5. HEAT PUMP MATERIAL LIST

Page 203 of 431 ends

Qty Model Number Description
50FCQM14A2A6-0A0A0 PAC HP 7.5-12.5 TON-STD TIER
The following items are included:

1. 460-3-60

2. 12.5 Tons

3. Single circuit, two stage cooling

4. Standard Packaging

5. Direct drive, EcoBlue, medium static fan

6. Al/Cu cond. coil - Al/Cu evap coil

7. Electro-Mechanical Ctl W7212
50FCQM12A2A6-0A0A0 WeatherMaker Heat Pump Rooftop
The following items are included:

8. 460-3-60

9. 10 Tons

10. Single circuit, two stage cooling

11. Standard Packaging

12. Direct drive, EcoBlue, medium static fan

13. Al/Cu cond. coil - Al/Cu evap coil

14. Electro-Mechanical Ctl W7212
50FCQM24A3A6-0A0A0 Packaged Rooftop Heat Pump Unit
The following items are included:

15. Standard Packaging

16. 460-3-60

17. 20 Tons

18. Two-Stage Cooling single circuit

19. High Static Option - Vertical Models

20. "Round Tube Plate Fin (RTPF) Al/Cu Condenser Coil, Al/Cu Evaporator Coil"

21. Electro-Mechanical Ctl W7212
50FCQM09A2A6-0A0A0 PAC HP 7.5-12.5 TON-STD TIER
The following items are included:

22. 460-3-60

23. 8.5 Tons

24. Single circuit, two stage cooling

25. Standard Packaging

26. Direct drive, EcoBlue, medium static fan

27. Al/Cu cond. coil - Al/Cu evap coil

28. Electro-Mechanical Ctl W7212
38MBRBQ48AA3 DLS 48K 230V HP CDU,obs use 38MBRCQ48AA3
40MBABQ48XA3 DLS 48K HP IDU AHU - LC
1259-OA OUTSIDE AIR INTAKE HOOD
ADPT-0570-SD-W APTOR KIT SMALL CAB
1-4010-4158 Curb Adapter
1-4010-4008 Curb Adapter
PECD-SRT05CB-D2DH- 4L1 Genesis PE,EC COMPLIANT VERT. W7220 ADB 460/3 MOD 1HP
PECD-SRT34CB-D2DH- 4L2 Genesis PE,EC COMPLIANT VERT. W7220 ADB 460/3 MOD 2HP
ECC-MRT69CA-D2DH CONVERTIBLE ECONOMIZER, HW ACTUATOR, ADB, W7220 LOGIC
PCC-MRT69CA-D-4L4 CENT CONVERTIBLE MOD PE, CHASSIS 6-9, 460V/3PH, 4HP
1 1
1 1
6 1
4 CITY PURCHASED AND PROVIDED MATERIAL
1 1
1 1
6 3
3

Page 1 of 2 ends

Page 204 of 431 ends

Qty Model Number Description

CITY PURCHASED AND PROVIDED MATERIAL
ECD-SRT12CB-D2DH Genesis ECONOMIZER, DOWNSHOT, COMPLIANT, JADE 2 SPEED, ADB
PECD-SRT34CB-D2DH- 4L1 Genesis PE,EC COMPLIANT VERT. W7220 ADB 460/3 MOD 1HP
PECD-SRT05CB-D2DH- 4L3 Genesis PE,EC COMPLIANT VERT. W7220 ADB 460/3 MOD 3HP
FREIGHT freight
48VLUK240603 PKG YAC G 13.4 SEER2
The following items are included:

29. 60,000 BTU/HR

30. 208/230-1-60V

31. 2 -Tons

32. Ultra Low Nox
48FCGA06A2A6-0A0A0 YAC_STD_5T_460V/3PH/60HZ
The following items are included:

33. 460-3-60

34. Ultra low NOx low gas heat

35. 5 Tons

36. One stage cooling

37. Standard Packaging

38. Direct drive, EcoBlue, medium static fan

39. Al/Cu cond. coil - Al/Cu evap coil

40. Electro-Mechanical Ctl W7212
48FCDM07A2A6-0A0A0 YAC_STD_6T_460V/3PH/60HZ
The following items are included:

41. 460-3-60

42. Low gas heat

43. 6 Tons

44. Single circuit, two stage cooling

45. Standard Packaging

46. Direct drive, EcoBlue, medium static fan

47. Al/Cu cond. coil - Al/Cu evap coil

48. Electro-Mechanical Ctl W7212
48FCDM16A2A6-0A0A0 YAC_STD_15T Conv_460V/3PH/60HZ
The following items are included:

49. 460-3-60

50. Low gas heat

51. 15 Tons

52. Single circuit, two stage cooling

53. Standard Packaging

54. Direct drive, EcoBlue, medium static fan

55. Al/Cu cond. coil - Al/Cu evap coil
1 3
4 5
4 1
8 9

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City of Monterey Park Specification No. 2024-009
APPENDIX 6. BRUGGEMEYER LIBRARY AERIAL Page A6.1

APPENDIX 6. BRUGGEMEYER LIBRARY AERIAL

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BRUGGEMEYER LIBRARY AERIAL

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Staff Report
December 18, 2024

ATTACHMENT 2
Bon Air, Inc. Bid Proposal

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Staff Report
December 18, 2024

ATTACHMENT 3
Sample Public Works Agreement

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1 PUBLIC WORKS CONTRACT

BETWEEN

THE CITY OF MONTEREY PARK AND

[CITY COUNCIL MUST APPROVE CONTRACTS GREATER THAN $60,000]

This CONTRACT is entered into this day of , 20 , by and between the CITY OF MONTEREY PARK, a general law city and municipal corporation (“the City”) and (“the Contractor”).

1. WORK.

B. The Contractor and the City agree to abide by the terms and conditions contained in the Contract Documents;

C. The Contractor will furnish all of the labor; supplies and materials; equipment; printing; vehicles; transportation; office space and facilities; all tests, testing and analyses; and all matters whatsoever (except as otherwise expressly specified to be furnished by the City) needed to perform and complete the Work and provide the services required of the Contractor by the Contract Documents.

2. CONTRACT SUM. The City agrees to pay the Contractor a sum not to exceed dollars ($ ) for the Work in the manner set forth in the Contract Documents.

The City may adjust this amount as set forth in the Contract Documents.

3. TIME FOR PERFORMANCE.

A. The Contractor will fully complete the Work within working days (the “Contract Time.”)

B. The Contract Time will commence when the City issues a notice to

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2 proceed. The Contract Documents will supersede any conflicting provisions included on the notice to proceed issued pursuant to this Contract.

C. The Contractor may not perform any Work until:

i. The Contractor furnishes proof of insurance as required by the Contract Documents; and

ii. The City gives the Contractor a written, signed, and numbered purchase order and notice to proceed.

E. Should the Contractor begin the Work before receiving written authorization to proceed, any such Work is at the Contractor’s own cost and risk.

4. DISPUTES. Disputes arising from this contract will be determined in accordance with the Contract Documents and Public Contracts Code §§ 10240-10240.13.

5. THIRD PARTY CLAIMS. In accordance with Public Contracts Code § 9201, the City will promptly inform the Contractor regarding third-party claims against the Contractor, but in no event later than 10 business days after the City receives such claims. Such notification will be in writing and forwarded in accordance with the “Notice” section of the Contract Documents. As more specifically detailed in the Contract Documents, the Contractor agrees to indemnify and defend the City against any third- party claim.

6. TAXPAYER IDENTIFICATION NUMBER. The Contractor will provide the City with a Taxpayer Identification Number.

7. PERMITS AND LICENSES. Unless otherwise provided, the Contractor, at its sole expense, will obtain and maintain during the Contract Time, all necessary permits, licenses, and certificates that may be required in connection with the Work.

8. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by the Contractor under the Contract Documents are the City’s property. The Contractor may retain copies of said documents and materials as desired, but will deliver all original materials to the City upon the City’s written notice.

9. INDEMNIFICATION. The Contractor agrees to indemnify, defend, and hold the City harmless as set forth in the Contract Documents. The requirements as to the types and

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3 limits of insurance coverage to be maintained by the Contractor as required by the Contract Documents, and any approval of such insurance by the City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Contractor pursuant to the Contract Documents, including, without limitation, to the provisions concerning indemnification.

11. AUDIT OF RECORDS. The Contractor will maintain full and accurate records with respect to all services and matters covered under this Contract. The City will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. The Contractor will retain such financial and program service records for at least three years after termination or final payment under the Contract Documents.

12. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows:

The City The Contractor

City of Monterey Park
City Hall

Monterey Park, CA

Any such written communications by mail will be conclusively deemed to have been received by the addressee three days after deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.

13. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor’s or the City’s obligations under this Contract.

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

15. EFFECT OF CONFLICT. In the event of any conflict, inconsistency, or incongruity between any provision of the Contract Documents, precedence will be as follows:

A. This Contract;

B. The Standard Specifications; and

C. Precedence of documents as determined in the Standard Specifications.

18. ELECTRONIC SIGNATURES. This Contract may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. In accordance with Government Code §16.5, the Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by electronic transmission. Such electronic signature will be treated in all respects as having the same effect as an original signature.

20. CAPTIONS. The captions of the paragraphs of this Contract are for convenience of reference only and will not affect the interpretation of this Contract.

21. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents.

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IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.

CITY OF MONTEREY PARK

Enter Name,
City Manager

ATTEST:

Taxpayer ID No.

Enter Name, City Clerk

APPROVED AS TO FORM:

Karl H. Berger, City Attorney

_______________________

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

TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: Consideration and possible action to reintroduce 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 Traffic Survey of 26 Locations for speed limits through October 2038
RECOMMENDATION:

It is recommended that the City Council consider:

1. Reintroducing 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.

EXECUTIVE SUMMARY:

The first reading of the proposed ordinance was presented to City Council at the November 6, 2024, council meeting. The second reading was supposed to be agendized at the following City Council regular meeting, November 20, 2024. However, the second reading was inadvertently missed and therefore was reintroduced at the December 4, 2024 meeting. Regrettably, the December 4
th staff report did not include the proposed ordinance
as an attachment which requires the ordinance be reintroduced a third time. Accordingly, Consent Calendar - 3F

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Staff Report

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December 18, 2024
the Public Works Director recommends that the City Council consider reintroducing and waiving first reading of the attached Ordinance.
2024-25 STRATEGIC PLAN GOAL:

The proposed Ordinance supports the City’s strategic goal to maintain, build and modernize infrastructure and facilities to support the current and future needs of the City and community.

FISCAL IMPACT:

Upon adoption of the proposed ordinance, City staff will replace the speed limit signs along the affected 14 segments where speed limits is proposed to be reduced. The cost for sign replacement is included in the City’s FY 2024-25 operational budget in Traffic Control account 239-4206-5315
Respectfully submitted by:

Shawn Igoe
Public Works Director
Approved by: Reviewed by:

Inez Alverez
City Manager
Karl H. Berger
City Attorney
ATTACHMENT:

1. November 6, 2024, Agenda Item 5-A Staff Report (without attachments)

2. December 4, 2024 Agenda Item 3-F Staff Report (without attachments)

3. Draft Ordinance

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ATTACHMENT 1
November 6, 2024 Agenda Item 5-A Staff Report
Staff Report
December 18, 2024

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City Council Staff Report
DATE: November 6, 2024
AGENDA ITEM NO: New Business - 5A
TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: 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 Traffic Survey of 26 Locations for speed limits through October 2038
RECOMMENDATION:

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):

BOARD/COMMISSION REVIEW:

The Public Works Director presented a draft engineering and traffic survey evaluating safe and reasonable speed limits 26 segments citywide, including its recommendations, to the Traffic Commission on October 17, 2024. The Traffic Commission was informed that the item would be presented to the City Council for consideration, and it did not express any questions or concerns.

EXECUTIVE SUMMARY:

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Staff Report

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November 6, 2024
The City’s consultant, Transtech Engineers, Inc., assessed and certified 45 segments listed in the City’s 2017 Engineering and Traffic Survey and determined that no significant changes in roadway or traffic conditions have occurred on these segments, (see Attachment 2) including, without limitation, changes in adjoining property or land use, roadway width, or traffic volume, and therefore the posted speed limits are valid for 14 years from the adopted date of the survey effective between October 2017 through October 2031.

Twenty-six of the original 73 segments from the 2017 City-wide speed survey were separately reviewed and a new Engineering and Traffic Survey (“ETS”) was completed for these segments.

Transtech Engineers completed the ETS pursuant to California law including, without limitation, Vehicle Code § 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 the following 14 of the 26 segments included in the ETS:
• Alhambra Avenue between Garvey Avenue and Graves Avenue • Atlantic Boulevard between Harding Avenue and El Repetto Drive • Atlantic Boulevard between El Repetto Drive and Floral Drive • Avenida Cesar Chavez between West City Limit and Atlantic Boulevard • Floral Drive between Monterey Pass Road and Atlantic Boulevard • Garfield Avenue between Graves Avenue and El Repetto Drive • Garfield Avenue between El Repetto Drive and Riggin Street • Orange Avenue between Hellman Avenue and Garvey Avenue • Orange Avenue between Garvey Avenue and Graves Avenue • Orange Avenue between Graves Avenue and Metro Drive
• Orange Avenue between Metro Drive and Saturn Street
• Pomona Boulevard between Gerhart Avenue and Garfield Avenue • Pomona Boulevard between Garfield Avenue and Markland Drive • Potrero Grande Drive between Markland Drive and Arroyo Drive Accordingly, the Public Works Director (“Director”) recommends that the City Council consider introducing and waiving first reading of the attached Ordinance.

BACKGROUND:

On November 1, 2017 City Council adopted Ordinance No. 2144, approving the 2017 Traffic Speed Zone Survey for 73 segments within the City. On September 4, 2024 the City adopted Ordinance No. 2248 establishing speed limits for 2 of the 73 segments along Hellman Ave. As part of the evaluation of the Citywide speed limits, Transtech evaluated 45 segments of the City’s 2017 Engineering and Traffic Survey and determined that no significant changes in roadway or traffic conditions have occurred on these segments , indicated on the following list, including but not limited to changes in adjoining property or

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Staff Report

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November 6, 2024
land use, roadway width, or traffic volume, and therefore the posted speed limits are valid between October 2017 through October 2031.

The following table lists the 45 segments recertified:

Table 1: City of Monterey Park 14-Year Certification of the 2017 Engineering and Traffic Survey Speed Limits
2017 Adopted Speed Limits are Effective until October of 2031 ID Primary Location Limits Street
Classification
CRS Maps
Adopted
2017 Speed
Limit
Beginning Ending
1 Abajo Road Garvey Avenue Vagabond Drive Local 25
2 Ackley Street Fulton Avenue Orange Avenue Collector 25 3 Ackley Street Orange Avenue Arroyo Drive Secondary 25 4 Brightwood Street Crest Vista Drive Atlantic Boulevard Local 25 5 Cadiz Street/Crest
Vista Drive Ridgecrest Street Atlantic Boulevard Collector 25 6 Casuda Canyon Drive Garvey Avenue Alzado Street Collector 25 7 Casuda Canyon Drive Alzado Street Corporate Center
Drive
Collector 30
8 Coral View Street Garfield Avenue Fulton Avenue Collector 25 9 Corporate Center
Drive
Ramona Boulevard Casuda Canyon
Drive
Secondary 40
10 Corporate Center
Drive
Casuda Canyon
Drive
Floral Drive Secondary 40
11 Crest Vista Drive Ridgcrest Street Floral Drive Collector 25 12 El Repetto Drive Atlantic Boulevard Garfield Avenue Collector 25 13 Emerson Avenue Atlantic Boulevard Garfield Avenue Secondary 25 14 Emerson Avenue Garfield Avenue New Avenue Secondary 25 15 Findlay Avenue Riggin Street Pomona Boulevard Secondary 25 16 First Street West City Limit Atlantic Boulevard Secondary 35 17 Fulton Avenue Kempton Avenue Coral View Street Local/Collector 25 18 Fulton Avenue Coral View Street Floral Drive Collector 30 19 Fulton Avenue Floral Drive Pomona Boulevard Collector 25 20 Grandridge Avenue Garfield Avenue El Repetto Drive Local 25 21 Graves Avenue Garfield Avenue New Avenue Secondary 30 22 Harding Avenue Atlantic Boulevard Ramona Avenue Secondary 25 23 Hillside Street Ridge Crest Street Floral Drive Local 25 24 Kempton Avenue Lincoln Avenue Fulton Avenue (s) Local 25 25 Markland Drive Riggin Street Potrero Grande Local/Collector 25

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Staff Report

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November 6, 2024
Drive
26 McPherrin Avenue Garvey Avenue Harding Avenue Local 25 27 Monterey Pass Road Garvey Avenue Vagabond Road Secondary 40 28 Monterey Pass Road Vagabond Road Floral Drive Secondary 40 29 New Avenue Hellman Avenue Garvey Avenue Principal Arterial 35 30 New Avenue Garvey Avenue Graves Avenue Secondary 35
31 Newmark Avenue Atlantic Boulevard Garfield Avenue Collector 30 32 Newmark Avenue Garfield Avenue New Avenue Collector 30 33 Ramona Avenue Garvey Avenue Garfield Avenue Collector 25 34 Ramona Boulevard West City Limits North City Limits Secondary 35 35 Ridgcrest Street Hillside Street Floral Avenue Local 25 36 Riggin Street Atlantic Boulevard Findlay Avenue Secondary 35 37 Riggin Street Findlay Avenue Garfield Avenue Secondary 35 38 Riggin Street Garfield Avenue Fulton Avenue Secondary/Loc al
30 39 Saturn Street Atlas Avenue Potrero Grande
Drive
Secondary 40
40 Verde Vista Drive Casuda Canyon
Drive
Abajo Drive Local 25
41 Wilcox Avenue Kempton Avenue Coral View Street Local 25 42 Wilcox Avenue Coral View Street Riggin Street Local/Secondar y
25 43 Wilcox Avenue Riggin Street Pomona Boulevard Secondary 35 44 Ynez Avenue Hellman Avenue Garvey Avenue Collector 30 45 Ynez Avenue Garvey Avenue Graves Avenue Local 25
Twenty-six segments were separately studied. Out of those, 14 segments are proposed to be changed as shown in Table 2 below.

When a speed limit is to be posted, it is established to the nearest 5 mph increment of the 85th percentile speed limit of free-flowing traffic. Allowed exceptions are:
• Option 1: A 5 MPH Reduction in 85th% speed by 5 MPH for Rounding Down to Nearest Posted Limit if no further reduction is used.
• Option 2: A 5 MPH from the 85th% speed due to road conditions, high concentration of pedestrian and bicyclist, senior center and land use. • Option 3: A 5 MPH lower than 85th% speed based on a higher-than -expected collision rate, land use and roadway conditions.

These options were considered as part of the Engineering and Traffic Survey performed.

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Staff Report

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November 6, 2024
14 Garfield
Avenue
El Repetto
Drive Riggin Street Primary 40 Yes 352
15 Garfield
Avenue Riggin Street Pomona
Boulevard Primary 35 No 351
16 Garvey
Avenue
Casuda
Canyon Drive
Fremont
Avenue
Secondary 40 No 40
17 Garvey
Avenue
Fremont
Avenue
Atlantic
Boulevard Secondary 40 No 40
18 Garvey
Avenue
Atlantic
Boulevard
Garfield
Avenue Secondary 30 No 30
Table 2: City of Monterey Park 2024 Engineering and Traffic Survey Summary ID Primary
Location
Limits
Street
Class. (A)
Existing
Posted
Speed
Change
in Limit?
Yes/No
Proposed 2024
Speed Limit
Beginning Ending
1 Alhambra
Avenue
Hellman
Avenue
Garvey
Avenue Collector 30 No 301
2 Alhambra
Avenue
Garvey
Avenue
Graves
Avenue
Collector 35 Yes 301
3 Atlantic
Boulevard
Hellman
Avenue
Garvey
Avenue Primary 30 No 301
4 Atlantic
Boulevard
Garvey
Avenue
Harding
Avenue Primary 35 No 35
5 Atlantic
Boulevard
Harding
Avenue
El Repetto
Drive Primary 40 Yes 352
6 Atlantic
Boulevard
El Repetto
Drive Floral Drive Primary 40 Yes 352
7 Atlantic
Boulevard Floral Drive First Street Primary 35 No 351
8 Avenida
Cesar Chavez
West City Limit Atlantic
Boulevard
Secondary 35 Yes 302
9 Floral Drive West City Limit Monterey Pass
Road Secondary 35 No 35
10 Floral Drive Monterey Pass
Road
Atlantic
Boulevard
Secondary 40 Yes 352
11 Garfield
Avenue
Hellman
Avenue
Newmark
Avenue Primary 30 No 301
12 Garfield
Avenue
Newmark
Avenue
Graves
Avenue Primary 35 No 351
13 Garfield
Avenue
Graves
Avenue
El Repetto
Drive
Primary 40 Yes 352

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Staff Report

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November 6, 2024
19 Garvey
Avenue
Garfield
Avenue New Avenue Secondary 30 No 301
20 Orange
Avenue
Hellman
Avenue
Garvey
Avenue Secondary 30 Yes 252
21 Orange
Avenue
Garvey
Avenue
Graves
Avenue Secondary 30 Yes 252
22 Orange
Avenue
Graves
Avenue Metro Drive Secondary 30 Yes 252
23 Orange
Avenue Metro Drive Saturn Street Secondary 35 Yes 302
24 Pomona
Boulevard
Gerhart
Avenue
Garfield
Avenue Primary 40 Yes 352
25 Pomona
Boulevard
Garfield
Avenue
Markland
Drive Primary 40 Yes 352
26 Potrero
Grande Drive
Markland
Drive Arroyo Drive Primary 45 Yes 402
The purpose of the ETS is to establish updated speed limits that can be enforced using radar. Applicable sections of the California Vehicle Code (CVC) and Department of Transportation California Manual on Uniform Traffic Control Devices (CAMUTCD) were followed so that the posted speed limits can be upheld by the courts and do not constitute a "Speed Trap" as defined by California law.

By preparing the ETS, and after appropriate signage is posted giving notice of the speed limits, the Police Department may use radar and other electronic devices that measure the speed of moving objects to enforce the posted speed limit. 2024-25 STRATEGIC PLAN GOAL:

The proposed Ordinance supports the City’s strategic goal to maintain, build and modernize infrastructure and facilities to support the current and future needs of the City and community.

FISCAL IMPACT:

Upon adoption of the proposed resolution, City staff will replace the speed limit signs along the affected 14 segments where speed limits is proposed to be reduced. The cost for sign replacement is included in the City’s FY 2024-25 operational budget in Traffic Control account 239-4206-5315
Respectfully submitted by:

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Staff Report

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November 6, 2024
Shawn Igoe
Public Works Director
Approved by: Reviewed by:

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

1. Ordinance (including Exhibit “A” (ETS))

2. Certification of the 2017 Engineering and Traffic Survey to 14 years

3. 2024 Engineering and Traffic Survey of 26 locations

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ATTACHMENT 2
December 4, 2024 Agenda Item 3-F Staff Report
December 18, 2024
Staff Report

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City Council Staff Report
DATE: December 4, 2024
AGENDA ITEM NO:

It is recommended that the City Council consider:

1. Reintroducing 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 r egulatory 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.

EXECUTIVE SUMMARY:

The first reading of the proposed ordinance was presented to City Council at the November 6, 2024 , council meeting. The second reading was supposed to be agendized at the following City Council regular meeting, November 20, 2024. However, the second reading was inadvertently missed and therefore is being reintroduced. Accordingly, t he Public Works Director recommends that the City Council consider reintroducing and waiving first reading of the attached Ordinance.

Consent Calendar - 3F

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Staff Report

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December 4, 2024
2024-25 STRATEGIC PLAN GOAL:

The proposed Ordinance supports the City’s strategic goal to maintain, build and modernize infrastructure and facilities to support the current and future needs of the City and community.

FISCAL IMPACT:

Upon adoption of the proposed resolution, City staff will replace the speed limit signs along the affected 14 segments where speed limits is proposed to be reduced. The cost for sign replacement is included in the City’s FY 2024 -25 operational budget in Traffic Control account 239-4206-5315
Respectfully submitted by:

Shawn Igoe
Public Works Director
Approved by: Reviewed by:

Inez Alverez
City Manager
Justin A. Tamayo
Assistant City Attorney
ATTACHMENT:

1. November 6, 2024, Agenda Item 5-A Staff Report (without attachments)

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Staff Report
December
18, 2024
ATTACHMENT 3
Draft Ordinance

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1 ORDI
NANCE NO.

AN ORDI

NANCE 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.

THE
CITY COUNCIL DOES ORDAIN AS FOLLOWS:

SECTION 1: The City Council finds as follows:

A. Vehi
cle Code § 22352 establishes prima facie speed limits throughout the City;
B. Vehi
cle Code § 22357 authorizes the City to establish certain speed limits based upon an engineering and traffic survey as defined by Vehicle Code § 627;
C. In ac
cordance with Vehicle Code § 40802, the speed limits authorized by Vehicle Code § 22357 must be justified by engineering and traffic surveys conducted every five to 10 years;
D. The C
ity adopted its last Engineering and Traffic Survey August 2, 2017. On October 11, 2024 Transtech Engineers, Inc. certified the 2017 Engineering and Traffic Survey to be accurate for an additional 14 years (“2017 Certification Report”). The 2017 Certification Report determined no significant changes on 45 out of 73 segments, thereby certifying the posted speed limits effective October 2017 through October 2031.

Additionally, a supplemental 2024 Engineering and Traffic Survey of 26 Locations was completed October 11, 2024 (meeting the requirements of Vehicle Code § 627) for the remaining 26 segments ( “2024 Engineering and Traffic Survey” ). The 2024 Engineering and Traffic Survey recommended a speed limit change on 14 of the 26 segments analyzed. The 2024 Engineering and Traffic Survey also confirms the certification of 12 segments, maintaining the current posted speed limits. The 2017 Certification Report and 2024 Engineering and Traffic Survey, collectively the “Survey” , are attached as Exhibit “A” and incorporated by reference; and
E. Thi
s Ordinance, and the speed limits established below, rely upon the Survey for purposes of Vehicle Code § 22357 and is adopted in accordance with Monterey Park Municipal Code § 10.32.010(B) as an uncodified ordinance.

SECTION 2: The City Council adopts the 2017 Certification Report. Based upon the

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2 Report, and in accordance with Vehicle Code §§ 22352 and 22357, the City Council amends Exhibit A to Ordinance No. 2144, adopted November 1, 2017, for speed limits effective until October 2031 as follows:

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3 27 Monterey Pass Road Garvey Avenue Vagabond Road Secondary 40 28 Monterey Pass Road Vagabond Road Floral Drive Secondary 40 29 New Avenue Hellman Avenue Garvey Avenue Principal Arterial 35 30 New Avenue Garvey Avenue Graves Avenue Secondary 35
31 Newmark Avenue Atlantic Boulevard Garfield Avenue Collector 30 32 Newmark Avenue Garfield Avenue New Avenue Collector 30 33 Ramona Avenue Garvey Avenue Garfield Avenue Collector 25 34 Ramona Boulevard West City Limits North City Limits Secondary 35 35 Ridgcrest Street Hillside Street Floral Avenue Local 25 36 Riggin Street Atlantic Boulevard Findlay Avenue Secondary 35 37 Riggin Street Findlay Avenue Garfield Avenue Secondary 35 38 Riggin Street Garfield Avenue Fulton Avenue Secondary/Loc al
30 39 Saturn Street Atlas Avenue Potrero Grande
Drive
Secondary 40
40 Verde Vista Drive Casuda Canyon
Drive
Abajo Drive Local 25
41 Wilcox Avenue Kempton Avenue Coral View Street Local 25 42 Wilcox Avenue Coral View Street Riggin Street Local/Secondar y
25 43 Wilcox Avenue Riggin Street Pomona Boulevard Secondary 35 44 Ynez Avenue Hellman Avenue Garvey Avenue Collector 30 45 Ynez Avenue Garvey Avenue Graves Avenue Local 25
SECTION 3: The City Council adopts the 2024 Engineering and Traffic Survey .

Based upon the Survey, and in accordance with Vehicle Code §§ 22352 and 22357, the City Council amends Exhibit A to Ordinance No. 2144, adopted November 1, 2017, for speed limits effective until October 2038 as follows:

Table 2: City of Monterey Park 2024 Engineering and Traffic Survey Summary ID Primary
Location
Limits
Street
Class. (A)
Existing
Posted
Speed
Change
in Limit?
Yes/No
Proposed 2024
Speed Limit
Beginning Ending
1 Alhambra
Avenue
Hellman
Avenue
Garvey
Avenue Collector 30 No 301
2 Alhambra
Avenue
Garvey
Avenue
Graves
Avenue
Collector 35 Yes 301
3 Atlantic
Boulevard
Hellman
Avenue
Garvey
Avenue Primary 30 No 301
4 Atlantic
Boulevard
Garvey
Avenue
Harding
Avenue Primary 35 No 35
30

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4 14 Garfield
Avenue
El Repetto
Drive Riggin Street Primary 40 Yes 352
15 Garfield
Avenue Riggin Street Pomona
Boulevard Primary 35 No 351
16 Garvey
Avenue
Casuda
Canyon Drive
Fremont
Avenue
Secondary 40 No 40
17 Garvey
Avenue
Fremont
Avenue
Atlantic
Boulevard Secondary 40 No 40
18 Garvey
Avenue
Atlantic
Boulevard
Garfield
Avenue Secondary 30 No 30
19 Garvey
Avenue
Garfield
Avenue New Avenue Secondary 30 No 301
20 Orange
Avenue
Hellman
Avenue
Garvey
Avenue Secondary 30 Yes 252
21 Orange
Avenue
Garvey
Avenue
Graves
Avenue Secondary 30 Yes 252
22 Orange
Avenue
Graves
Avenue Metro Drive Secondary 30 Yes 252
23 Orange
Avenue Metro Drive Saturn Street Secondary 35 Yes 302
24 Pomona
Boulevard
Gerhart
Avenue
Garfield
Avenue Primary 40 Yes 352
25 Pomona
Boulevard
Garfield
Avenue
Markland
Drive Primary 40 Yes 352
5 Atlantic
Boulevard
Harding
Avenue
El Repetto
Drive Primary 40 Yes 352
6 Atlantic
Boulevard
El Repetto
Drive Floral Drive Primary 40 Yes 352
7 Atlantic
Boulevard Floral Drive First Street Primary 35 No 351
8 Avenida
Cesar Chavez
West City Limit Atlantic
Boulevard
Secondary 35 Yes 302
9 Floral Drive West City Limit Monterey Pass
Road Secondary 35 No 35
10 Floral Drive Monterey Pass
Road
Atlantic
Boulevard
Secondary 40 Yes 352
11 Garfield
Avenue
Hellman
Avenue
Newmark
Avenue Primary 30 No 301
12 Garfield
Avenue
Newmark
Avenue
Graves
Avenue Primary 35 No 351
13 Garfield
Avenue
Graves
Avenue
El Repetto
Drive
Primary 40 Yes 352

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5 26 Potrero
Grande Drive
Markland
Drive Arroyo Drive Primary 45 Yes 402
SECTION 4: The City Manager, or designee, is authorized and directed to (a) install signs providing notification of the speed limits established in Sections 2 and 3 of this Ordinance; and (b) take any additional action required to implement this Ordinance.

SECTION 5: California Environmental Quality Act Exemption. The City Council determines that 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.

SECTION 6: Repeal or amendment of any provision of the MPMC or any other ordinance will 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 7: If this the entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal of the MPMC or other the city ordinance by this Ordinance will be rendered void and cause such MPMC provision or other the city ordinance to remain in full force and effect for all purposes.

SECTION 8: 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 (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.

SECTION 9: This Ordinance will become effective on the 30 th day following its passage and adoption.

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6 PASSED AND ADOPTED this 15th day of January, 2025.
______
______________________
Vinh Ngo, Mayor
ATTE
ST:
______
__________________________
Maychelle Yee, City Clerk
APPRO
VED AS TO FORM:
______
__________________________
Karl H. Berger, City Attorney

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EXHIBIT "A"

TO DRAFT ORDINANCE

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CERTIFICATION OF THE 2017 ENGINEERING AND TRAFFIC SURVEY TO 14 -YEARS, EFFECTIVE UNTIL OCTOBER 2031
Adopted by Monterey Park City Council
Resolution No. xx -xx on Date X X, 2024
Transtech.org
855.595.2495 (toll-free)
ISO 9001 Certified
Submitted By:

TRANSTECH ENGINEERS, INC.

Contact Person
Jana Robbins, PTP, RSP
E: [email protected]

Submitted To:

DRAFT

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CITY OF MONTEREY PARK 14-YEAR CERTIFICATION OF THE 2017 ENGINEERING AND TRAFFIC SURVEY EFFECTIVE DATES: XX 2024 THROUGH XX 2031, ADOPTED BY MONTEREY PARK CITY COUNCIL RESOLUTION NO XX ON XX XX, 2024

CITY OF MONTEREY PARK
Prepared By: Transtech Engineers, Inc. | Page 2 of 5 DRAFT

INSERT SIGNED CITY COUNCIL RESOLUTION HERE

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CITY OF MONTEREY PARK 14-YEAR CERTIFICATION OF THE 2017 ENGINEERING AND TRAFFIC SURVEY EFFECTIVE DATES: XX 2024 THROUGH XX 2031, ADOPTED BY MONTEREY PARK CITY COUNCIL RESOLUTION NO XX ON XX XX, 2024

CITY OF MONTEREY PARK
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PREPARER’S CERTIFICATION

CITY OF MONTEREY PARK, CALIFORNIA

CERTIFICATION OF THE
2017 ENGINEERING AND TRAFFIC SURVEY
TO 14-YEARS
CVC SECTION 627
EFFECTIVE DATES: OCTOBER 2017 THROUGH OCTOBER 2031
THE 14-YEAR CERTIFICATION WAS ADOPTED BY MONTEREY PARK CITY COUNCIL RESOLUTION NO. ## ON DATE
Certified By:

Okan Demirci, PE, Contract City Engineer
__________________________
Okan Demirci, PE
License Type: Registered Professional Engineer
License Number: 90039

CERTIFICATION BY ENGINEER
I, Okan Demirci, contract City Engineer, do hereby certify that (45) segments found in the 2017 Engineering and Traffic Survey for the City of Monterey Parks are in compliance with CVC (California Vehicle Code), Section 40802, Paragraph (c), Sub-paragraphs (1) and (2)/(B)/(i)/(II). I have evaluated the (45) street segments listed in the City’s 2017 Engineering and Traffic Survey, and determined that no significant changes in roadway or traffic conditions have occurred on the se (45) street segments indicated on the attached list, including, but not limited to, changes in adjoining property or land use, roadway width, or traffic volume, and therefore, where noted on the attached list, posted speed limits shall be valid for 14 years from the adopted date of the survey effective between October 2017 through October 2031. (28) of the original (73) street segments from the 2017 City-Wide Speed Survey were pulled from the 14 year certification and a new engineering and traffic survey was completed 06/30/25

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CITY OF MONTEREY PARK 14-YEAR CERTIFICATION OF THE 2017 ENGINEERING AND TRAFFIC SURVEY EFFECTIVE DATES: XX 2024 THROUGH XX 2031, ADOPTED BY MONTEREY PARK CITY COUNCIL RESOLUTION NO XX ON XX XX, 2024

CITY OF MONTEREY PARK
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for these segments. The speed survey completed for these segments will be under separate cover.

Table 1: City of Monterey Park 14-Year Certification of the 2017 Engineering and Traffic Survey Speed Limits
2017 Adopted Speed Limits are Effective until October of 2031

ID Primary Location Limits Street
Classification
CRS Maps
Adopted
2017 Speed
Limit
Beginning Ending
1 Abajo Road Garvey Avenue Vagabond Drive Local 25
2 Ackley Street Fulton Avenue Orange Avenue Collector 25 3 Ackley Street Orange Avenue Arroyo Drive Secondary 25 4 Brightwood Street Crest Vista Drive Atlantic Boulevard Local 25 5 Cadiz Street/Crest Vista
Drive
Ridgecrest Street Atlantic Boulevard Collector 25
6 Casuda Canyon Drive Garvey Avenue Alzado Street Collector 25 7 Casuda Canyon Drive Alzado Street Corporate Center
Drive
Collector 30
8 Coral View Street Garfield Avenue Fulton Avenue Collector 25 9 Corporate Center Drive Ramona Boulevard Casuda Canyon Drive Secondary 40 10 Corporate Center Drive Casuda Canyon Drive Floral Drive Secondary 40 11 Crest Vista Drive Ridgcrest Street Floral Drive Collector 25 12 El Repetto Drive Atlantic Boulevard Garfield Avenue Collector 25 13 Emerson Avenue Atlantic Boulevard Garfield Avenue Secondary 25 14 Emerson Avenue Garfield Avenue New Avenue Secondary 25 15 Findlay Avenue Riggin Street Pomona Boulevard Secondary 25 16 First Street West City Limit Atlantic Boulevard Secondary 35 17 Fulton Avenue Kempton Avenue Coral View Street Local/Collector 25 18 Fulton Avenue Coral View Street Floral Drive Collector 30 19 Fulton Avenue Floral Drive Pomona Boulevard Collector 25 20 Grandridge Avenue Garfield Avenue El Repetto Drive Local 25 21 Graves Avenue Garfield Avenue New Avenue Secondary 30 22 Harding Avenue Atlantic Boulevard Ramona Avenue Secondary 25 23 Hillside Street Ridge Crest Street Floral Drive Local 25 24 Kempton Avenue Lincoln Avenue Fulton Avenue (s) Local 25 25 Markland Drive Riggin Street Potrero Grande Drive Local/Collector 25 26 McPherrin Avenue Garvey Avenue Harding Avenue Local 25 27 Monterey Pass Road Garvey Avenue Vagabond Road Secondary 40 28 Monterey Pass Road Vagabond Road Floral Drive Secondary 40 29 New Avenue Hellman Avenue Garvey Avenue Principal Arterial 35 30 New Avenue Garvey Avenue Graves Avenue Secondary 35
31 Newmark Avenue Atlantic Boulevard Garfield Avenue Collector 30 32 Newmark Avenue Garfield Avenue New Avenue Collector 30 33 Ramona Avenue Garvey Avenue Garfield Avenue Collector 25 34 Ramona Boulevard West City Limits North City Limits Secondary 35 35 Ridgcrest Street Hillside Street Floral Avenue Local 25 36 Riggin Street Atlantic Boulevard Findlay Avenue Secondary 35 37 Riggin Street Findlay Avenue Garfield Avenue Secondary 35 38 Riggin Street Garfield Avenue Fulton Avenue Secondary/Local 30 39 Saturn Street Atlas Avenue Potrero Grande Drive Secondary 40

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CITY OF MONTEREY PARK 14-YEAR CERTIFICATION OF THE 2017 ENGINEERING AND TRAFFIC SURVEY EFFECTIVE DATES: XX 2024 THROUGH XX 2031, ADOPTED BY MONTEREY PARK CITY COUNCIL RESOLUTION NO XX ON XX XX, 2024

CITY OF MONTEREY PARK
Prepared By: Transtech Engineers, Inc. | Page 5 of 5 DRAFT
Table 1: City of Monterey Park 14-Year Certification of the 2017 Engineering and Traffic Survey Speed Limits
2017 Adopted Speed Limits are Effective until October of 2031

ID Primary Location Limits Street
Classification
CRS Maps
Adopted
2017 Speed
Limit
Beginning Ending
40 Verde Vista Drive Casuda Canyon Drive Abajo Drive Local 25 41 Wilcox Avenue Kempton Avenue Coral View Street Local 25 42 Wilcox Avenue Coral View Street Riggin Street Local/Secondary 25 43 Wilcox Avenue Riggin Street Pomona Boulevard Secondary 35 44 Ynez Avenue Hellman Avenue Garvey Avenue Collector 30 45 Ynez Avenue Garvey Avenue Graves Avenue Local 25

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CITY OF MONTEREY PARK 2024 ENGINEERING AND TRAFFIC SURVEY ADOPTED BY MONTEREY PARK CITY COUNCIL ORDINANCE NO XX ON XX XX, 2024 DRAFT

2024 ENGINEERING
AND TRAFFIC SURVEY 26 LOCATIONS
CVC SECTION 627
Adopted by Monterey Park City Council
Ordinance No. xx-xx on Date XX, 2024
Transtech.org
855.595.2495 (toll-free)
ISO 9001 Certified
Submitted By:

TRANSTECH ENGINEERS, INC.

Contact Person
Jana Robbins, PTP, RSP
E: [email protected]

Submitted To:

DRAFT

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CITY OF MONTEREY PARK 2024 ENGINEERING AND TRAFFIC SURVEY ADOPTED BY MONTEREY PARK CITY COUNCIL ORDINANCE NO XX ON XX XX, 2024

CITY OF MONTEREY PARK
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TABLE OF CONTENTS

SECTION PAGE
Cover Page i
Table of Contents ii
Monterey Park City Council Adopted Ordinance No. xx-xx (Adopted October x, 2024) iii Preparer’s Certification (Engineer’s Stamp and Signature) iv Section 1: Introduction 1
✓ Table 1: List of Segments in Speed Survey 1
✓ Street Classifications 2
Section 2: Overview 4
✓ California Vehicle Code 4
✓ Local Authority to Establish Prima Facie Speed Limits 5 ✓ Speed Trap 5
✓ Engineering and Traffic Survey 6
✓ California Manual on Uniform Traffic Control Devices 7 ✓ Data Collection 8
✓ Procedures 9
Section 3: Summary of Recommendations 10
✓ Table 2: City of Monterey Park 2024 Engineering and Traffic Survey Summary 12 Section 4: City of Monterey Park 2024 Citywide Speed Limit Map and Average Daily Traffic (ADT) Map 15
✓ City of Monterey Park 2024 Citywide Speed Limit Map 16 ✓ City of Monterey Park 2024 Citywide Average Daily Traffic (ADT) Map 17 Section 5: Engineering and Traffic Survey Summary Forms 18

Section 6: Average Daily Traffic (ADT) Counts 65

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CITY OF MONTEREY PARK 2024 ENGINEERING AND TRAFFIC SURVEY ADOPTED BY MONTEREY PARK CITY COUNCIL ORDINANCE NO XX ON XX XX, 2024

CITY OF MONTEREY PARK
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INSERT SIGNED CITY COUNCIL ORDINANCE HERE

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CITY OF MONTEREY PARK 2024 ENGINEERING AND TRAFFIC SURVEY ADOPTED BY MONTEREY PARK CITY COUNCIL ORDINANCE NO XX ON XX XX, 2024

CITY OF MONTEREY PARK
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PREPARER’S CERTIFICATION

CITY OF MONTEREY PARK, CALIFORNIA
PREPARER’S CERTIFICATION

CITY OF MONTEREY PARK, CALIFORNIA

ENGINEERING AND TRAFFIC SURVEY
CVC SECTION 627
EFFECTIVE DATE: OCTOBER X, 2024
ADOPTED BY ALHAMBRA CITY COUNCIL ORDINANCE NO. XX-XX ON OCTOBER X, 2024 Certified By:

Okan Demirci, PE, Contract City Engineer
__________________________
Okan Demirci, PE
License Type: Registered Professional Engineer
License Number: 90039

CERTIFICATION BY ENGINEER
I, Okan Demirci, contract City Engineer, do hereby certify that the October 2024 Engineering and Traffic Survey for the City of Monterey Park was performed under my supervision. I certify that I am both experienced in performing surveys of this type and am duly registered in the State of California as a professional Engineer. The survey has been conducted in strict compliance with guidelines contained in the California Vehicle Code and the California Manual on Uniform Traffic Control Devices. Data contained in this report represents a true and accurate description of traffic conditions existing on City of Monterey Park Streets.
06/30/25

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CITY OF MONTEREY PARK
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SECTION 1: INTRODUCTION

The purpose of this report is to prepare an Engineering and Traffic Survey at pre -determined locations in the City of Monterey Park to establish updated speed limits that can be enforced using radar. An Engineering and Traffic assessment was prepared for 26 street segments in the City of Monterey Park. Applicable sections of the California Vehicle Code (CVC) and Department of Transportation California Manual on Uniform Traffic Control Devices (CAMUTCD), per Revision 7 March 2023, have been followed so that the posted speed limits can be upheld by the courts and do not constitute a "Speed Trap" as defined by CVC Section 40802. The following table lists all of the street segments considered in the 2024 Speed Survey.

SEGMENT SUMMARY

Table 1: City of Monterey Park Engineering and Traffic Survey Speed Limits ID Primary Location
Limits Street
Classificati
on
CRS Maps
Adopted
2017 Speed
Limit Beginning Ending
1 Alhambra Avenue Hellman Avenue Garvey Avenue Collector 30 2 Alhambra Avenue Garvey Avenue Graves Avenue Collector 35 3 Atlantic Boulevard Hellman Avenue Garvey Avenue Principal 30 4 Atlantic Boulevard Garvey Avenue Harding Avenue Principal 35 5 Atlantic Boulevard Harding Avenue El Repetto Drive Principal 40 6 Atlantic Boulevard El Repetto Drive Floral Drive Principal 40 7 Atlantic Boulevard Floral Drive First Street Principal 35 8 Avenida Cesar
Chavez West City Limit Atlantic Boulevard Secondary 35
9 Floral Drive West City Limit Monterey Pass
Road Secondary 35
10 Floral Drive Monterey Pass
Road Atlantic Boulevard Secondary 35
11 Garfield Avenue Hellman Avenue Newmark Avenue Principal 30 12 Garfield Avenue Newmark Avenue Graves Avenue Principal 35 13 Garfield Avenue Graves Avenue El Repetto Drive Principal 40 14 Garfield Avenue El Repetto Drive Riggin Street Principal 40 15 Garfield Avenue Riggin Street Pomona Boulevard Principal 35 16 Garvey Avenue Casuda Canyon
Drive Fremont Avenue Secondary 40

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Table 1: City of Monterey Park Engineering and Traffic Survey Speed Limits ID Primary Location
Limits Street
Classificati
on
CRS Maps
Adopted
2017 Speed
Limit Beginning Ending
17 Garvey Avenue Fremont Avenue Atlantic Boulevard Secondary 40 18 Garvey Avenue Atlantic Boulevard Garfield Avenue Secondary 30 19 Garvey Avenue Garfield Avenue New Avenue Secondary 30 20 Orange Avenue Hellman Avenue Garvey Avenue Secondary 30 21 Orange Avenue Garvey Avenue Graves Avenue Secondary 30 22 Orange Avenue Graves Avenue Metro Drive Secondary 30 23 Orange Avenue Metro Drive Saturn Street Secondary 35 24 Pomona Boulevard Gerhart Avenue Garfield Avenue Principal 40 25 Pomona Boulevard Garfield Avenue Markland Drive Principal 40 26 Potrero Grande
Drive Markland Drive Arroyo Drive Principal 45

1 Road Classifications Based on Caltrans Road Classification (CRS) maps

STREET CLASSIFICATIONS

Each of these segments is classified and defined with roadway classifications as listed in the California Road Systems (CRS) Maps that are approved by the Federal Highway Administration and maintained by the Department of Transportation (CVC 40802). Functional classifications are used in determining which type of roads are eligible for Federal funding to maintain the roads.

Usually Principal Arterials, Secondary Arterial and Major Collectors are eligible.

Functional classification is the process by which streets and highways are grouped into classes, or systems, according to the character of service they are intended to provide. Basic to this process is the recognition that individual roads and streets do not serve travel independently in any major way. Rather, most travel involves movement through a network of roads. Functional classification defines how a particular road or street plays in serving the flow of trips through a highway network.

The four functional systems for urbanized areas are urban principal arterials, minor arterials, major collectors, and local roads.

Principal Arterial: Principal Arterials carry most of the trips entering and leaving the City as well as serves the major centers of activity of a City, carries the highest traffic volume along its corridors while carrying the major portion of trips entering and leaving the urban area.

Secondary Arterial: The secondary arterial street system includes all arterials not classified as principal and contains facilities that place more emphasis on land access than the higher system

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and offer a lower level of traffic mobility. Such facilities may carry local bus routes and provide intra-community continuity, but ideally should not penetrate identifiable neighborhoods. This system should include urban connections to rural collector roa ds where such connections have not been classified as urban principal arterials.

Collector: The collector street system provides both land access service and traffic circulation within residential neighborhoods, commercial and industrial areas. It differs from the arterial system in that facilities on the collector system may penetrate residential neighborhoods, distributing trips from the arterials through the area to the ultimate destination. Conversely, the collector street also collects traffic from local streets in residential neighborhoods and channels it into the arterial system.

Local: These roadways provide direct access to individual residential properties, schools, and churches typically with a posted speed of 25 MPH. Through traffic on local streets are usually discouraged. Local roads within residential and business district zones are not subject to Speed Trap provisions and are posted at the Prima Facie speed limit. Service to through traffic movement is usually deliberately discouraged.

The following segments have been categorized and classified as follows by the City of Monterey Park.

Principal:
• Atlantic Boulevard between Hellman Avenue and Garvey Avenue • Atlantic Boulevard between Garvey Avenue and Harding Avenue • Atlantic Boulevard between Harding Avenue and El Repetto Drive • Atlantic Boulevard between El Repetto Drive and Floral Drive • Atlantic Boulevard between Floral Drive and First Street • Garfield Avenue between Hellman Avenue and Newmark Avenue • Garfield Avenue between Newmark Avenue and Graves Avenue • Garfield Avenue between Graves Avenue and El Repetto Drive • Garfield Avenue between El Repetto Drive and Riggin Street • Garfield Avenue between Riggin Street and Pomona Boulevard • Pomona Boulevard between Gerhart Avenue and Garfield Avenue • Pomona Boulevard between Garfield Avenue and Markland Drive • Potrero Grande Drive between Markland Drive and Arroyo Drive

Secondary:
• Avenida Cesar Chavez between West City Limit and Atlantic Boulevard • Floral Drive between West City Limit and Monterey Pass Road • Floral Drive between Monterey Pass Road and Atlantic Boulevard • Garvey Avenue between Casuda Canyon Drive and Fremont Avenue • Garvey Avenue between Fremont Avenue and Atlantic Boulevard • Garvey Avenue between Atlantic Boulevard and Garfield Avenue • Garvey Avenue between Garfield Avenue and New Avenue
• Orange Avenue between Hellman Avenue and Garvey Avenue • Orange Avenue between Garvey Avenue and Graves Avenue

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• Orange Avenue between Graves Avenue and Metro Drive
• Orange Avenue between Metro Drive and Saturn Street

Collector:
• Alhambra Avenue between Hellman Avenue and Garvey Avenue • Alhambra Avenue between Garvey Avenue and Graves Avenue

SECTION 2: OVERVIEW

CALIFORNIA VEHICLE CODE:

Speed limits in California are governed by the California Vehicle Code (CVC), Sections 22348 through 22413. The statutes establish or provide means of establishing speed limits by:

1. Basic speed limit law.

Section 22350 of the CVC provides that no person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, traffic and the surface and width of the highway, and in no event at a speed which endangers the safety of persons or property. This is the basic speed limit law.

2. Prima facie speed limits are specified by statute or established by the State or local authorities within their respective jurisdictions on the basis of an engineering and traffic survey. Prima facie speed limits are specific limits stated in the CVC or specific limits established on the basis of an engineering and traffic survey authorized by the CVC. Prima facie speed limits are preempted by the basic speed limit law when the conditions in CVC Section 22350 are met.

Section 22352 of the CVC establishes prima facie speed limits as follows and shall be applicable unless changed as authorized in the CVC and if so changed, only when signs have been erected giving notice of the change:

a. Fifteen miles per hour.
• At a railroad grade crossing with an obstructed view. • At an uncontrolled highway intersection with an obstructed view. • In an alley.

b. Twenty-five miles per hour.
• On any highway other than a State highway, in any business or residence district, CVC Sections 235 and 515 define a "business district” and a “residence district” respectively.

Section 240 and 40802 of the CVC prescribes a method for determining whether a highway can be considered within a business or residence district. • Unless a different limit is established by procedures described elsewhere in the code. • In a school zone, posted with SCHOOL warning signs.
• When passing a facility primarily used by senior citizens and contiguous to a street other than a State highway and posted with a SENIOR warning sign.

Increase of local speed limits to 65 miles per hour

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Section 22357.
(a) Whenever a local authority determines upon the basis of an engineering and traffic survey that a speed greater than 25 mph would facilitate the orderly movement of vehicular traffic and would be reasonable and safe upon any street other than a state highwa y otherwise subject to a prima facie limit of 25 mph, local authorities may by ordinance determine and declare a prima facie speed limit of 30, 35, 40, 45, 50, 55 or 60 mph or a maximum speed of 65mph, whichever is found most appropriate to facilitate the orderly movement of traffic and is reasonable and safe. The speed limit shall become effective when signs are installed on the street and not revised unless justified on the basis of an engineering and traffic survey.

LOCAL AUTHORITY TO ESTABLISH PRIMA FACIE SPEED LIMITS:

Sections 22357 and 22358 of CVC authorize local authorities to establish prima facie speed limits on streets and roads under their jurisdiction on the basis of an engineering and traffic survey. The declared prima Facie limits shall become effective when a ppropriate signs giving notice are erected upon the street.

SPEED TRAP:

Section 40802 2B(i) of the CVC provides that prima facie speed limits established under Sections 22352, 22354, 22357, 22358 and 22358.3 may not be enforced by radar unless the speed limit has been justified by an engineering and traffic survey conducted within one of the fo llowing time periods; five years to the date of the violation, within the last 7 years or if an engineering and traffic survey was conducted more than 7 years prior to the date of the alleged violation, and a registered engineer evaluates the section of th e highway and determines that no significant changes in roadway or traffic conditions have occurred, including, but not limited to, changes in adjoining property or land use, roadway width, or traffic volume, the survey applies for 14 years.

This section does not apply to local streets, roads, school zones or senior zones which have been set at the Prima Facie speed limit. Local streets are defined to have the following characteristics:
• Width not more than 40 feet
• Not more than .5 miles of uninterrupted length
• 1 lane in each direction

Senior Zones are those areas approaching or passing a senior center building or other facility primarily used by senior citizens or the grounds thereof that is posted with a standard “Senior” warning sign pursuant to Section 22352.

CVC Section 515 . A residence district is that portion of a highway and the property contiguous thereto, other than a business district, (a) upon one side of which highway, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 1 3 or more separate dwelling houses or business structures, or (b) upon both sides of which highway, collectively, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 16 or more separate dwelling houses or business structures.

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Those segments classified as a local street in the California Road System (CRS) and are in a residential district and have a prima facie speed limit of 25 mph are not typically included in engineering and traffic studies.

ENGINEERING AND TRAFFIC SURVEY:

Section 627 of CVC defines the term engineering and traffic survey and lists its requirements.

Section 627 states: "An engineering and traffic survey shall include, among other requirements deemed necessary by the Department of Transportation, consideratio n of all of the following:
prevailing speeds as determined by traffic engineering measurements, accident records, highway traffic and roadside conditions not readily apparent to the driver."

The Engineering and Traffic Survey should contain sufficient information to document that the conditions of CVC Section 627 have been complied with and that other conditions not readily apparent to motorists are properly identified.

In determining the speed limit, which most appropriately facilitates the orderly movement of traffic and is reasonable and prudent, crucial factors such as prevailing speeds, unexpected conditions, and collision records are examined.

Determination of posted speed limits follow the latest CAMUTCD Policy as Revision 7 March 2023 by the State of California Department of Transportation. Speed limits shall be established at the nearest 5 mph increment of the 85 th percentile speed of free -flowing traffic (CVC Section 22358.6(a)). However, in cases in which the speed limit needs to be rounded up to the nearest five miles per hour increment of the 85 th percentile speed, the Department of Transportation or a local authority may decide to instead round down the speed limit to the lower five miles per hour increment, but then the Departmen t of Transportation or a local authority shall not reduce the speed limit any further for any reason CVC 21400(4)(b).

An example of the application of this speed limit criteria is as follows:
• If the 85 th percentile speed in a speed survey is (37 MPH) then the speed limit would be posted at 35 MPH or optionally reduced to 30 MPH. However, • If the 85 th percentile speed in a speed survey is (38 MPH) then the speed limit would be posted at 40 MPH or optionally reduced to 35 MPH.

The 85th percentile speed is often referred to as the critical speed. Pace speed is defined as the 10-mile increment of speed containing the largest number of vehicles. Speed limits established on the basis of the 85th percentile conform to the consensus of those who drive highways as to what speed is reasonable and prudent and are not dependent on the judgment of one or a few individuals.

Basic speed law states that no person shall drive at a speed greater than is reasonable or prudent.

The majority of drivers comply with this law. Speed limits set at the 85 th percentile speed provide law enforcement officers with a means of controlling drivers who will not conform to what the majority considers reasonable and prudent.

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When roadside development results in traffic conflicts and unusual conditions which are not readily apparent to drivers, speed limits somewhat below the 85 th percentile may be justified.

CALIFORNIA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (CAMUTCD):

Section 2B.13 CAMUTCD: Reduction of 85th Percentile Speed by Justification of an Engineering and Traffic Study and Approved by a Civil or Traffic Engineer.

Standard:
12a: When a speed limit is to be posted, it shall be established at the nearest 5 MPH increment of the 85th-percentile speed of free -flowing traffic, except as shown in the two Options below for rounding down and using 5 mph speed reduction (CVC Section 22358.6(b)), or rounding up (CVC Section 22358.6(c)), or if using additional 5 mph speed reduction on local agency roadways for safety corridor designation (CVC Section 22358.7(a)(1)) or adjacent to land or facility generating high concentrations of bicyclists and pedestrians (CVC Section 22358.7(a)(2)).

Local Agencies may additionally lower the speed limits by 5 mph from those calculated using rounding up or down per CVC Section 22358.6(b) and 22358.6(c) and 5 mph speed reduction using CVC Section 22358.6(b) if after completing and E&TS, find that the speed limit is still more than is reasonable or safe for either of the following reasons:

1. The portion of a highway has been designated as a safety corridor

2. The portion of a highway is adjacent to any land or facility that generates high concentrations of bicyclists or pedestrians, especially those vulnerable groups such as children, seniors, persons with disabilities and the unhoused. (Table 2B-106(CA)- Requirements to determine Land or Facility that Generates High Concentrations of Bicyclists or Pedestrians.

Option:

1. For cases in which the nearest 5 mph increment of the 85 th
-percentile speed would
require a rounding down, the posted speed may be reduced by 5 mph from the nearest 5 mph increment of the 85th-percentile speed, in compliance with CVC Sections 627 and 22358.5. CVC Sections 22353, 22353.2, 22353.3, 22353.4, and 22353.5, may also be considered, if applicable. See Standard below for documentation requirements. Refer to CVC Section 22358.6(b).

2. For cases in which the nearest 5 mph increment of the 85th-percentile speed would require a rounding up, then the speed limit may be rounded down to the nearest 5 mph increment below the 85th percentile speed, if no further reduction is used. Refer to CVC Section 21400(b). Refer to CVC Section 22358.6(c).

Standard:
12b: If the speed limit to be posted has had the 5 MPH reduction applied, then an E&TS shall document in writing the conditions and justification for the lower speed limit and be approved by a registered Civil or Traffic Engineer. The reasons for the lowe r speed limit shall be in compliance with CVC Sections 627 and 22358-22358.7.

Support:

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12c: The following example is provided to explain the application of this speed limit criteria:

A. If the 85th percentile speed in a speed survey for a location was 37 MPH, then the speed limit would be established at 35 MPH since it is the closest 5 MPH increment to the 37 MPH speed. As indicated by the option, this 35 MPH established speed limit co uld be reduced by 5 MPH to 30 MPH if the conditions and justification for using this lower speed limit are documented in the E&TS and approved by a registered Civil or Traffic Engineer.

The fundamentals used to establish speed limits recognize that the majority of drivers behave in a safe and reasonable manner but need to be advised of conditions which may not be readily apparent. For this reason, collision history, roadway conditions, t raffic characteristics, and land use, must be analyzed along with speed measurements to determine speed limits. Speed limit changes are usually coordinated with visible changes in roadway conditions or roadside developments.

In general, speed limits cannot be successfully enforced without voluntary compliance by a majority of drivers. Consequently, only the driver whose behavior is clearly out of line with the normal flow of traffic is considered a violator for enforcement purposes.

DATA COLLECTION:

Data was obtained regarding the prevailing speed of vehicles, traffic collisions, visibility restrictions, roadway conditions, presence of pedestrian activities /infrastructure, on -street parking, transit factors, Demographic factors and land use adjacent to the roadways. Radar speed measurements were conducted during the month of August 2024.

Highway, traffic, and roadside land uses were analyzed for conditions not readily apparent to motorists. The criteria and procedures described below were applied when using the electronic radar to measure vehicle speeds on selected streets within the City of Monterey Park . Traffic volume and speed in both directions were recorded.

The hours of radar operation were restricted to off-peak period for heavily traveled streets, and to non-congested peak periods on lightly traveled streets on a weekday. The radar measurements were taken from an unmarked vehicle so as not to alter or impede the free flow of traffic.

A total of 100 samples were obtained for each street segment surveyed, where possible. In no case were sample sizes less than 50 vehicles for each direction. For lower volume streets, samples of free-flowing speeds were taken over several periods/days in order to gather the required survey samples.

Collision data was obtained from the computerized accident records system maintained by the State of California Statewide Integrated Traffic Records System (SWITRS). For purposes of this study, information available for the most recent 4.0 -year period was used to develop the collision statistics as a part of the Engineering and Traffic Surveys. Collision data was obtained for the years of January 2020 to December 2023.

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Average Daily Traffic (ADT) data at all (26) locations were obtained from counts taken by a private traffic counting firm in August 2024. These counts were taken while schools were in session. Any unusual counts were checked and redone in order to verify the amount of traffic each segment carries. The ADT counts were taken by NDS Services.

National Data & Surveying Services
8370 Wilshire Blvd. Ste, 205
Beverly Hills, CA 90211
Tel (323) 782-0090
www.ndsdata.com

PROCEDURES:

The radar equipment used to collect speed measurements was a SCOUT-MPH Traffic Radar, SHD- 04287 serial number, manufactured by Decatur. The unit was calibrated before each series of measurements were taken. Tests of the unit were conducted in accordance wi th the manufacturer’s specifications.

The results of the radar speed measurements were computed, analyzed, and summarized on standard Traffic Survey Forms. Significant values obtained from computations are as follows:

• The Critical Speed or 85th percentile speed, is the speed at or below which 85 percent of the traffic is moving. The Critical Speed is the primary guide in determining what the majority of drivers believe is safe and reasonable. Speed limits set higher than the Critical Speed are not considered reasonable and safe. The accepted practice is to set the speed limit at the nearest 5 MPH increment to the Critical Speed or 85th percentile speed unless other factors require a lower limit.

• The 5 or 10 MPH pace is a measure of the dispersion of speeds within the survey sample and is that 5 or 10 MPH increment containing the highest percentage of speeds in the total sample. The accepted practice is to keep the speed limit within the 10 MPH pac e after considering the Critical Speed and any factors requiring a speed lower than the Critical Speed.

The collision data for each street segment was compared to collision rates that can be reasonably expected to occur on streets and highways of the same characteristics. These anticipated collision rates have been developed by Caltrans and are applicable for use in the City of Monterey Park. The collision rates used for this study are as follows:

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Current collision rates are shown in terms of “accidents per 1,000,000 vehicle miles of travel” for each segment. The rate was calculated for each segment using the following formula:

The Crossroads Software Collision Program calculated the collision rate for each segment.

As previously indicated, speed limits are usually set at or near the Critical Speed unless there are other factors not readily apparent to a reasonable motorist which may justify a lower limit. The field review of the selected street segments in the City of Monterey Park considered the following factors:

1. Street width and alignment, existing traffic calming measures installed.

2. Pedestrian activity and traffic flow characteristics.

3. Number of lanes, and other channelization and striping patterns.

4. Frequency of intersections, driveways, and on-street parking.

5. Location of stop signs, traffic signals, and other regulatory traffic control devices.

6. Visibility obstructions.

7. Land use and the proximity of schools, senior centers.

8. Uniformity with existing speed zones in adjacent jurisdictions.

9. Any other unusual condition not readily apparent to the driver.

10. Location of any uncontrolled Crosswalks.

11. Bike lanes, bike routes.

12. Adjacent to high concentration of pedestrians or bicyclists COLLISION RATE = (N x 5,280 x 1,000,000)/ (ADT x L x Y x 365)

N: number of collisions within the study segment
ADT: average daily traffic volume
L: length of segment in feet
Y: number of years of accident history

CALIFORNIA STATE HIGHWAYS
STATEWIDE TRAVEL AND COLLISION RATES*
URBAN (Inside City)
2 and 3 lanes
4 or more undivided
4 or more divided

EXPECTED COLLISION RATES

1.69 0.82

0.89 *Source:
2021 Prepared 2023 Crash Summary for District 7 on California State Highways published by State of California, Business, Transportation and Housing Agency, Department of Transportation, Division of Traffic Operations

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SECTION 3: SUMMARY OF RECOMMENDATIONS

The Engineering and Traffic Survey summaries presented in this report illustrate the results of a thorough evaluation of the data collected and provides a recommended speed limit for each street segment surveyed. In each case, the recommended speed limit i s consistent with the prevailing behavior as demonstrated by the radar speed measurements.

The Legislature, in adopting Section 22358.5 of the California Vehicle Code, has made it clear that it is their intent that physical conditions such as width, curvature, grade and surface conditions, or any other condition readily apparent to a driver, in the absence of other factors, would not require special downward speed zoning. The basic rule of Section 22350 is sufficient regulation as to such conditions.

The recommendations contained in this report were intended to establish prima facie speed limits.

Prima Facie limits advise the motorist and enforcement agencies of the reasonable speed for a section of highway for prevailing conditions. They are not inten ded to be absolute. All violations of these speed limits are violations of the basic speed law (Section 22350 of California Vehicle Code). This statute states that a person shall not drive a vehicle as a speed greater than is safe having regard for traffic, roadway, and weather conditions. A prima facie limit merely suggests a safe speed under normal conditions.

Out of the above 26 segments surveyed, based on the 2024 Engineering and Radar Speed survey results, it was determined that fourteen (14) of the speed limits on the studied segments are proposed to be changed.
• Alhambra Avenue between Garvey Avenue and Graves Avenue • Atlantic Boulevard between Harding Avenue and El Repetto Drive • Atlantic Boulevard between El Repetto Drive and Floral Drive • Avenida Cesar Chavez between West City Limit and Atlantic Boulevard • Floral Drive between Monterey Pass Road and Atlantic Boulevard • Garfield Avenue between Graves Avenue and El Repetto Drive • Garfield Avenue between El Repetto Drive and Riggin Street • Orange Avenue between Hellman Avenue and Garvey Avenue • Orange Avenue between Garvey Avenue and Graves Avenue • Orange Avenue between Graves Avenue and Metro Drive
• Orange Avenue between Metro Drive and Saturn Street
• Pomona Boulevard between Gerhart Avenue and Garfield Avenue • Pomona Boulevard between Garfield Avenue and Markland Drive • Potrero Grande Drive between Markland Drive and Arroyo Drive

The following Table 2 provides a summary of each of the segments included in the engineering and traffic survey indicating the existing posted speed limit, ADT, number of collisions, collision rates, 85th percentile speed, change in limit and proposed 2024 speed limit.

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Table 2: City of Monterey Park 2024 Engineering and Traffic Survey Summary Adopted by Monterey Park City Council Ordinance No. XX-XX on October XX, 2024 ID Primary
Location
Limits
Street
Class. (A)
Existing
Posted
Speed
2024
ADT
No. of
Acc. in

4.0/yr
per.

Collision
Rate
Expected
Collision
Rate
85%
Speed
10 MPH
Pace
Limit
Per
85%
Change
in Limit?
Yes/No
Adopted
2024
Speed
Limit
Beginning Ending
1 Alhambra
Avenue
Hellman
Avenue
Garvey
Avenue Collector 30 7127 6 1.144 1.69 34.7 27-36 35 No 301 2 Alhambra
Avenue
Garvey
Avenue
Graves
Avenue Collector 35 6424 3 0.639 1.69 34.9 26-35 35 Yes 301 3 Atlantic
Boulevard
Hellman
Avenue
Garvey
Avenue Primary 30 27971 16 0.776 0.89 34.6 27-36 35 No 301 4 Atlantic
Boulevard
Garvey
Avenue
Harding
Avenue Primary 35 26927 21 1.229 0.82 37.2 30-39 35 No 35 5 Atlantic
Boulevard
Harding
Avenue
El Repetto
Drive Primary 40 25568 20 0.707 0.89 40.5 33-42 40 Yes 352 6 Atlantic
Boulevard
El Repetto
Drive Floral Drive Primary 40 25359 4 0.199 0.89 41.3 33-42 40 Yes 352 7 Atlantic
Boulevard Floral Drive First Street Primary 35 29927 21 1.445 0.82 37.8 30-39 40 No 351 8 Avenida
Cesar Chavez West City Limit Atlantic
Boulevard Secondary 35 16580 8 0.586 0.82 36.7 29-38 35 Yes 302 9 Floral Drive West City Limit Monterey Pass
Road Secondary 35 16573 5 0.474 0.82 36.9 29-38 35 No 35 10 Floral Drive Monterey Pass
Road
Atlantic
Boulevard Secondary 40 15323 16 0.616 1.69 39.0 31-40 40 Yes 352 11 Garfield
Avenue
Hellman
Avenue
Newmark
Avenue Primary 30 21013 17 0.803 0.82 34.7 27-36 35 No 301 12 Garfield
Avenue
Newmark
Avenue
Graves
Avenue Primary 35 20782 5 0.506 0.89 38.4 31-40 40 No 351 13 Garfield
Avenue
Graves
Avenue
El Repetto
Drive Primary 40 24932 11 0.519 0.82 40.5 33-42 40 Yes 352

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4.0/yr
per.

Collision
Rate
Expected
Collision
Rate
85%
Speed
10 MPH
Pace
Limit
Per
85%
Change
in Limit?
Yes/No
Adopted
2024
Speed
Limit
Beginning Ending
14 Garfield
Avenue
El Repetto
Drive Riggin Street Primary 40 24992 14 0.513 0.82 41.3 34-43 40 Yes 352 15 Garfield
Avenue Riggin Street Pomona
Boulevard Primary 35 20881 14 2.114 0.89 38.1 30-39 40 No 351 16 Garvey
Avenue
Casuda
Canyon Drive
Fremont
Avenue Secondary 40 12028 1 0.118 0.89 41.5 33-42 40 No 40 17 Garvey
Avenue
Fremont
Avenue
Atlantic
Boulevard Secondary 40 21495 8 0.382 0.89 42.4 35-44 40 No 40 18 Garvey
Avenue
Atlantic
Boulevard
Garfield
Avenue Secondary 30 19113 18 0.988 0.89 32.5 24-33 30 No 30 19 Garvey
Avenue
Garfield
Avenue New Avenue Secondary 30 21948 48 1.779 0.89 33.4 26-35 35 No 301 20 Orange
Avenue
Hellman
Avenue
Garvey
Avenue Secondary 30 1667 1 0.816 1.69 32.1 24-33 30 Yes 252 21 Orange
Avenue
Garvey
Avenue
Graves
Avenue Secondary 30 5266 3 0.788 1.69 32.0 24-33 30 Yes 252 22 Orange
Avenue
Graves
Avenue Metro Drive Secondary 30 7823 4 1.081 1.69 32.5 25-34 30 Yes 252 23 Orange
Avenue Metro Drive Saturn Street Secondary 35 5057 2 0.32 1.69 36.9 28-37 35 Yes 302 24 Pomona
Boulevard
Gerhart
Avenue
Garfield
Avenue Primary 40 24520 9 0.312 1.69 42.4 35-44 40 Yes 352 25 Pomona
Boulevard
Garfield
Avenue
Markland
Drive Primary 40 18997 12 0.603 1.69 42.0 34-43 40 Yes 352 26 Potrero
Grande Drive
Markland
Drive Arroyo Drive Primary 45 15429 18 0.644 0.89 45.9 38-47 45 Yes 402

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(A): Street Classifications taken from the California Road Systems Map – FHA and Caltrans based on CVC40802(b)(1)

When a speed limit is to be posted, it shall be established at the nearest 5mph increment of the 85 th% speed of free-flowing traffic (CVC Section 22358.8.6a, except as shown in the options below for rounding down and/or using a 5mph speed reduction.

• Option 1: CVC 21400 (b) allows a 5 MPH Reduction in 85 th% speed by 5 MPH for Rounding Down to Nearest Posted Limit if no further reduction is used.
• Option 2: CVC 627, 22358.5 and CAMUTCD 2B.13 allows the posted speed to be reduced by 5 MPH from the 85 th% speed due to road conditions, high concentration of pedestrian and bicyclist, senior center and land use. • Option 3: CVC 627, 22358.5 posted speed may be set 5 MPH lower than 85 th% speed based on a higher-than-expected collision rate, land use and roadway conditions.

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SECTION 4: CITY OF MONTEREY PARK 2024 SPEED LIMIT MAP AND AVERAGE DAILY TRAFFIC (ADT) MAP
The following pages consist of:
• City of Monterey Park 2024 Speed Limit Map
• City of Monterey Park 2024 Average Daily Traffic (ADT) Map.

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SECTION 5: ENGINEERING AND TRAFFIC SURVEY SUMMARY FORMS The following pages consist of the Engineering and Traffic Survey Grid and Summary Forms for each segment included in the Survey.

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SECTION 6: AVERAGE DAILY TRAFFIC (ADT) COUNTS
The following pages consist of the ADT count sheets for all segments.

The Average Daily Traffic (ADT) data was obtained from counts taken by a private traffic counting firm in August 2024. These counts were taken while school was in session.

ADT counts were taken by NDS Services.

National Data & Surveying Services
8370 Wilshire Blvd. Ste, 205
Beverly Hills, CA 90211
Tel (323) 782-0090
Fax (323)375-1666
www.ndsdata.com

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

TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: Amendment to Agreement 2428-AA with U.S. Builders and Consultants, Inc.

RECOMMENDATION:

It is recommended that the City Council consider:

1. Authorizing the City Manager to execute the First Amendment, in a form approved by the City Attorney, to Agreement No. 2428-AA with U.S. Builders and Consultants, Inc., to complete additional restroom renovation work at the Langley Senior Center in the amount of $80,495 including labor and 15% contingency;

2. Approving an appropriation of $80,495 from CDBG Fund – 362 to the FY 24- 25 budget; and

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

CEQA (California Environmental Quality Act):

The City reviewed the environmental impacts of the 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 t he operation, repair, maintenance, alteration of existing public or private structures which involve negligible or no expansion of existing or former use. The proposed work will occur entirely within an existing structure. Accordingly, no further environmental review is required.

EXECUTIVE SUMMARY
On June 18, 2024, City Council approved a Public Works contract with U.S. Builders and Consultants, Inc. for the Langley Senior Citizen Center and Barnes Park Gymnasium Restroom Rehabilitation Projects. The Public Works contract was for a total amount of $977,812 and a contingency of $84,917 of the contract amount.

Following the award and construction of men’s and women’s restrooms in one area at the Langley Center, it was determined that it would be best at this time to replace the flooring at the other men’s and women’s restrooms. US Builders who were awarded the contract to renovate the restrooms provided a proposal for the additional work. It is recommended that City Council approve an amendment to Agreement No. 2428-AA with U.S. Builders and Consultants, Inc., to complete additional restroom renovation work at th e Langley Senior Center in the amount of $69,995 including labor and 15% contingency.

Consent Calendar - 3G

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December 18, 2024

BACKGROUND
Capital Improvement Project 95014 – Langley Senior Citizen Center Restroom Rehabilitation Project includes the rehabilitation of one set of restrooms at the Langley Senior Center. Pursuant to Resolution No. 2024-R48, the Public Works Director solicited bids for the restroom rehabilitation at Langley Senior Citizen Center and awarded a contract to U.S. Builders and Consultants, Inc.

The scope of the original project included the oldest restrooms at the facility which had not been renovated since the center was originally constructed, and did not meet ADA laws. However, once construction started, it was determined that although the other restrooms at the Center were renovated in 2017, the flooring had deteriorated significantly and needed to be replaced.

Staff were informed of the availability of CDBG funding to be used for a COVID and health related project. Thus, staff obtained a proposal from U.S. Builders for the replacement of the flooring for the other west wing men’s and women’s restrooms at the Langley Center, using the same new flooring installed in the east wing. It is recommended that City Council approve an amendment to Agreement No. 2428-AA with U.S. Builders and Consultants, Inc., to complete additional restroom renovation work at the Langley Senior Center in the amount of $69,995 including labor and 15% contingency.

2024-25 STRATEGIC PLAN GOAL
The proposed Amendment supports the City’s goal to maintain City facilities to support the current and future needs of our City and community.

FISCAL IMPACT
Funding for the proposed restroom renovation work is available through CIP No. 95014 – Langley Senior Citizen Center Restroom Rehabilitation Project. The total cost for the additional work is $ 80,495 including labor and 15% contingency. An additional appropriation of $80,495 form CDBG Fund – 362 to the FY 24-25 budget is requested for this project.

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December 18, 2024
Respectfully submitted and prepared by: Reviewed by:

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

Inez Alvarez
City Manager
Solange Fortenbach
Deputy City Attorney

ATTACHMENT

1. U.S Builders & Consultants Proposal

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Staff Report
December 18, 2024
ATTACHMENT 1
U.S Builders & Consultants Proposal

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US Builders & Consultants
LIC # 1067739
BILL TO LOCATION Estimate No: ES 112720224
City of Monetary Park 400 W Emerson Ave Estimate Date: 11/27/2024 320 W Newmark Avenue Langley Senior Citizen Center
Monterey Park Monterey Park
CA 91754 CA 91754

QTY UNIT UNIT PRICE TOTAL

WORK/TRADE
418 SF $59.00 $24,662.00
1 LS -$12,500.00 -$12,500.00
1 LS $15,438.00 $15,438.00
1 LS $9,500.00 $9,500.00
1 LS $16,000.00 $16,000.00
1 LS $16,895.00 $16,895.00
SUBTOTAL 69,995.00$
Balance Due 69,995.00$
Terms & Instructions
Refere to contract for terms and conditions
New Bathroom work
Proposal
949-844-8844

DESCRIPTION
126 Desert Lotus, Irvine, CA 92618
[email protected]
Nora Rubber Flooring Material and Installation
Leftover Nora Rubber Flooring Material From Barnes
and Langley Project
Demolition and Dumping
Tamer Awad
Vice President
Removal of 2 floor mounted urinals
Plumbing adjustments and installation of 2 new wall
mounted urinals and,
Exposed Sensor Activated Battery Operated Integral
Flush Valve. Wall tile adjustments as needed
Wall Mounted Urinal, Vitreous China, 3/4" Top Spud

0.125 GPF w/ Exposed Sensor Activated Battery
Operated Integral Flush Valves
Manuf.: Zurn
Model: Z5738.205.00 Color: White
US Builders & Consultants
Floor Surface Preparation
Removal & reinstallation of bathroom accessories
and plumbing fixtures except Urinals

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

TO: T
he Honorable Mayor and City Council
FROM: Martha Garcia, Finance Director
SUBJECT: Adopt an Ordinance Establishing a Business License Tax Schedule RECOMMENDATION:

It is recommended that the City Council consider:

1. Adopt an urgency ordinance establishing a business license tax schedule;

2. Introduce and waive first reading of an ordinance establishing a business license tax schedule;

3. Approve a one- time extension for renewal of business license tax, due and payable by April 1, 2025; and

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

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)).

EXECUTIVE SUMMARY:

On November 5, 2024, voters adopted Measure BE which updated the structure of the City’s business license tax to be based on a business’s gross receipts. The measure was adopted based upon a 70.46% voter approval.

In or
der to continue to be an attractive place for larger businesses to operate, City staff is recommending a scaled business license tax (BLT) schedule for businesses earning over $25,000,000 annually. The City is also seeking approval for one-time extension for renewal of business license tax, due and payable by April 1, 2025.

BACKGROUND:

New Business - 5A

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December 18, 2024

Like many cities, the City of Monterey Park imposes a local business tax to help fund municipal services within the community. The City uses these revenues for City services such as police patrol, fire suppression, park s, recreation, maintenance services, library services and senior programs. The business license tax is not regulatory; it is for revenue generation only.

The Monterey Park Municipal Code (“MPMC”) § 5.08.010 requires that any person (which includes businesses) owning or transacting business in the City must obtain a license , regardless of where the business is physically located.

Approximately seven of the current 4,700 businesses within the City are estimated to gross over $25,000,000 in revenue annually. The next highest revenue grossing business earns less than $10,000,000 annually. City staff is proposing to adopt a Resolution allowing for a scaled BLT schedule that would ensure fairness while remaining business- friendly to the seven extremely high grossing businesses . The Resolution permits an automatic annual increase based on the Consumer Price Index (CPI) for All Urban Consumers for the prior 12-month period ending on October 31st and would be applied and effective on Janaury1
st of each year (beginning January 1, 202 6). Section 9 of Measure BE authorizes the City Council to implement the BLT via regulations adopted by ordinance.

Recommended Business License Tax Schedule:

Gross Receipts From
Gross Receipts To &
Including
Business License Tax
Cost
$0.00 $500,000.00 $75
$500,000.01 $25,000,000.00
$75 plus additional $0.75 for
every $1,000 of gross receipts
in excess of $500,000
$25,000,000.01 $30,000,000.00 18,450.00
$30,000,000.01 $35,000,000.00 22,200.00
$35,000,000.01 $40,000,000.00 25,950.00
$40,000,000.01 $45,000,000.00 29,700.00
$45,000,000.01 $50,000,000.00 33,450.00
$50,000,000.01 $55,000,000.00 37,200.00
$55,000,000.01 $60,000,000.00 40,950.00
$60,000,000.01 $65,000,000.00 44,700.00
$65,000,000.01 $70,000,000.00 48,450.00
$70,000,000.01 over 85,950.00

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Staff Report

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December 18, 2024

To ensure that the City may collect the BLT on schedule, it is recommended that the City adopt the draft urgency ordinance that would take effect immediately. This would allow the City to begin collecting the BLT on January 1, 2025. Furthermore, Municipal Code §

5.08.210, states annual business license tax shall be due and payable in advance on the first day of January of each year. To allow businesses to adjust to the new BLT structure, the City is seeking approval for a one-time extension for renewal of business license tax, due and payable by April 1, 2025.

2024-25 STRATEGIC PLAN GOAL:

With the passing of Measure BE, the City is seeking to achieve its goal of maintaining fiscal stability of our City’s financial resources, specifically its objective of reviewing and revising city revenue sources while also maintaining a business-friendly climate and ensuring an equitable, fair, and modern business license tax base. Setting a BLT Schedule will allow businesses grossing $25,000,000 or more annually to pay their fair share without unduly impacting their overall operations and will help the City maintain fiscal stability.

FISCAL IMPACT:

The City currently receives approximately $800,000 in BLT. The passing of Measure BE inclusive of the business license tax schedule is expected to generate approximately $1,200,000 annually for the city in general fund revenues, an increase of $400,000.

Respectfully submitted by:

Martha Garcia
Finance Director

Approved by:

Reviewed by:

Inez Alvarez
City Manager
Karl H. Berger
City Attorney

ATTACHMENT:

1. Urgency Ordinance

2. Regular Ordinance

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Staff Report
December 18, 2024
AT
TACHMENT 1
Urgency Ordinance

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ORDINANCE NO.

AN UNCODIFIED URGENCY ORDINANCE ESTABLISHING A BUSINESS

LICENSE TAX SCHEDULE BASED ON BUSINESSES GROSS RECEIPTS The City Council of the city of Monterey Park does ordain as follows:

SECTION 1: The City Council finds as follow:

A. On November 5, 2024, voters adopted Measure BE which updated the structure of the City’s business license tax (“BLT”) to be based on a business’s gross receipts. The measure was adopted based upon a 70.46% voter approval;
B. Section 9 of Measure BE authorizes the City Council to implement the BLT via regulations adopted by ordinance. This Ordinance exercises that authority in accordance with the voter’s intent;
C. The City Council is implementing a scaled BLT schedule for businesses earning over $25,000,000 annually; and
D. The City Council recognizes that California law including, without limitation, Melton v. City of San Pablo (1967) 252 Cal.App.2d 794 and In re Cindy B. v. Eugene B. (1987) 192 Cal.App.3d 771, allows legislation to be retroactively applied when the legislative intent for such retroactivity is clear.

E. To ensure that the voter’s will is implemented expeditiously, the City Council finds it is in the public interest that the BLT schedule become effectively immediately so that it may be implemented beginning January 1, 2025. Failure to implement the BLT schedule would result in disrupting the tax revenue authorized by the voters; create inefficiencies within the City’s finances; and result in inequity as to the application of Measure BE.

F. Based on the foregoing, and, in accordance with Government Code §§ 36934 and 36937(b) and the City’s police powers, the City Council finds that that this Ordinance should be adopted on an urgency basis to preserve public peace, health, safety and welfare.

SECTION 2: BLT Schedule. Pursuant to Section 9 of Measure BE, t he City Council adopts the Business License Tax Schedule as follows:

Gross Receipts From
Gross Receipts To &
Including Base fee
$0.00 $500,000.00 $75

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Ordinance Report

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December 18, 2024
$500,000.01 $25,000,000.00
$75 plus additional $.75 for
every $1,000 of gross receipts
in excess of $500,000
$25,000,000.01 $30,000,000.00 18,450.00
$30,000,000.01 $35,000,000.00 22,200.00
$35,000,000.01 $40,000,000.00 25,950.00
$40,000,000.01 $45,000,000.00 29,700.00
$45,000,000.01 $50,000,000.00 33,450.00
$50,000,000.01 $55,000,000.00 37,200.00
$55,000,000.01 $60,000,000.00 40,950.00
$60,000,000.01 $65,000,000.00 44,700.00
$65,000,000.01 $70,000,000.00 48,450.00
$70,000,000.01 over 85,950.00
SECTION 3: CPI Adjustment. Unless otherwise revised, the Schedule established by this Ordinance will be automatically adjusted on an annual basis on January 1 of each year by applying the percent change of the Los Angeles Area of Consumer Price Index (CPI) for All Urban Consumers for the prior 12-month period ending on October 31 to the scaled business license tax (BLT) schedule for businesses earning over $25,000,000 annually. The first fee adjustment cannot be made before a minimum of nine months after the effective date of this Ordinance.

SECTION 4: Environmental Assessment. This Ordinance is exempt from review under the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000, et seq.; “CEQA”) and CEQA Guidelines (14 Cal. Code Regs. §§ 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. This Ordinance, therefore, is categorically exempt from further CEQA review under CEQA Guidelines § 15273.

SECTION 5: Electronic Signatures. This Ordinance may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.

SECTION 6: Recordation. The Mayor, or presiding officer, is authorized to sign this Ordinance signifying its adoption by the City Council of the City of Monterey Park and the City Clerk, or her duly appointed deputy, may attest thereto.

SECTION 7: Effective Date. Based on the findings in Section 1, this urgency ordinance is adopted by a four-fifths vote for the immediate preservation of the public peace, health, safety and welfare and becomes effective immediately pursuant to Government Code § 36937(b). It may be implemented beginning January 1, 2025.

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Ordinance Report

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December 18, 2024
PASSED AND ADOPTED this ___ day of December 2024.
____________________________
_________, Mayor
ATTEST:
____________________________
Maychelle Yee, City Clerk
APPROVED AS TO FORM:
____________________________
Karl H. Berger, City Attorney

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Staff Report
December 18, 2024

ATTACHMENT 2
Ordinance

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ORDINANCE NO.

AN UNCODIFIED ORDINANCE ESTABLISHING A BUSINESS LICENSE TAX

SCHEDULE BASED ON BUSINESSES GROSS RECEIPTS
The City Council of the city of Monterey Park does ordain as follows:

SECTION 1: The City Council finds as follow:

A. On November 5, 2024, voters adopted Measure BE which updated the structure of the City’s business license tax (“BLT”) to be based on a business’s gross receipts. The measure was adopted based upon a 70.46 % voter approval;
B. Section 9 of Measure BE authorizes the City Council to implement the BLT via regulations adopted by ordinance. This Ordinance exercises that authority in accordance with the voter’s intent;
C. The City Council is implementing a scaled BLT schedule for businesses earning over $25,000,000 annually; and
D. The
City Council recognizes that California law including, without limitation, Melton v. City of San Pablo (1967) 252 Cal.App.2d 794 and In re Cindy B. v.

Eugene B. (1987) 192 C al.App.3d 771, allows legislation to be retroactively applied when the legislative intent for such retroactivity is clear.

SECTI
ON 2: Pursuant to Section 9 of Measure BE, t he City Council adopts the Business License Tax Schedule as follows:

Gross Receipts From
Gross Receipts To &
Including Base fee
$0.00 $500,000.00 $75
$500,000.01 $25,000,000.00
$75 plus additional $.75 for
every $1,000 of gross receipts in
excess of $500,000
$25,000,000.01 $30,000,000.00 18,450.00
$30,000,000.01 $35,000,000.00 22,200.00
$35,000,000.01 $40,000,000.00 25,950.00
$40,000,000.01 $45,000,000.00 29,700.00
$45,000,000.01 $50,000,000.00 33,450.00
$50,000,000.01 $55,000,000.00 37,200.00
$55,000,000.01 $60,000,000.00 40,950.00
$60,000,000.01 $65,000,000.00 44,700.00
$65,000,000.01 $70,000,000.00 48,450.00
$70,000,000.01 over 85,950.00

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Ordinance Report

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December 18, 2024
SECTION 3: Unless otherwise revised, the Schedule established by this Ordinance will be automatically adjusted on an annual basis on January 1 of each year by applying the percent change of the Los Angeles Area of Consumer Price Index (CPI) for All Urban Consumers for the prior 12 -month period ending on October 31 to the scaled business license tax (BLT) schedule for businesses earning over $25,000,000 annually. The first fee adjustment cannot be made before a minimum of nine months after the effective date of this Ordinance.

SECTION 4: This Ordinance is exempt from review under the California Environmental Quality Act (Cal. Pub. Res. Code §§ 21000, et seq.; “CEQA”) and CEQA Guidelines (14 Cal.

Code Regs. §§ 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. This Ordinance, therefore, is categorically exempt from further CEQA review under CEQA Guidelines § 15273.

SECTION 5: Electronic Signatures . This Ordinance may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.

SECTION 7: Effective Date. This Ordinance will become retroactively effective to January 1, 2025 and will remain effective unless repealed or superseded.

PASSED AND ADOPTED this ___ day of December 2024.
____________________________
_________, Mayor
ATTEST:
____________________________
Maychelle Yee, City Clerk
APPROVED AS TO FORM:
____________________________
Karl H. Berger, City Attorney

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

TO: The H
onorable Mayor and City Council
FROM: Christine Tomikawa, Director of Human Resources and Risk Management
SUBJECT: Amendment to Monterey Park Municipal Code Chapter 2.32 updating Employee Relations
RECOM
MENDATION:

It is recommended that the City Council consider:

1. Introducing and waiving first reading of an ordinance amending Chapter 2.32 of the Monterey
Park Municipal Code (“MPMC”) revising Employee
Relations
procedures; and

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

EXECUT
IVE SUMMARY:

The City
conducted a review of the Employee Relations section in the Monterey Park Municipal Code (“MPMC”). This occurred after the California Public Employment Relations Board (“PERB”) found that the City’s procedures for recogni zing associations/unions were insufficient for mak ing an appropriate union designation. The proposed changes to MPMC Chapter 2.32 provide the appropriate procedures and processes to recognize or appeal new associations/unions. City representatives discussed and reviewed the MPMC section modification with representatives from the current recognized associations/unions. The association/union representatives had an opportunity to meet and discuss the impacts of the revisions and the groups agreed with the revisions. The proposed amendments to the MPMC provide processes and procedures for associations recognition along with appeal and decertification procedures.

ENVIR

ONMENTAL REVIEW
Adoption of this 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.) pursuant to CEQA Guidelines § 15061(b)(3) because the Ordinance is for general policies and procedure-making.

BACKGROUND:

New Business - 5B

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Staff Report

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December 18, 2024

MPMC Chapter 2.32 has not been revised since 1969 and lacks clearly defined processes/procedures related to decertification/severance, appeal, determination of appropriate unit, and various revised definitions, for employee associations/unions. This section of the municipal code is typically referred to as the Employee-Employer Relations Ordinance (“EERO”) and is considered a foundational section for union- employer relations.

The representatives from the eight current associations/unions were provided an opportunity to review the changes in the MPMC section, provide input, and review the revisions from the group input. The groups understood the revisions are foundational for appropriate procedures for new associations/unions to be recognized by the City. The current association/union representatives have agreed on the revised MPMC Chapter

2.32. FISCAL IMPACT:

None

Respectfully submitted by:

Christine Tomikawa
Director of Human Resources
and Risk Management

Approved by:

Reviewed by:

Inez Alvarez
City Manager
Karl H. Berger
City Attorney

ATTACHMENTS:

1. Ordinance

2. Municipal Code 2.32 - Redline

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Staff Report
December 18, 2024

ATTACHMENT 1
Ordinance

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Page 1 of 2 ends

ORDINANCE NO. ____

AN ORDINANCE AMENDING MONTEREY PARK MUNICIPAL CODE
CHAPTER 2.32 IN ITS ENTIRETY GOVERNING EMPLOYER-EMPLOYEE RELATIONSHIPS AND BARGAINING UNITS.

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

SECTION 1. Monterey Park Municipal Code (“MPMC”) Chapter 2.32 is amended in its entirety as set forth in attached Exhibit “A,” which is incorporated by reference.

SECTION 2. Environmental Assessment. Adoption of this 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.) pursuant to CEQA Guidelines § 15061(b)(3) because the Ordinance is for general policies and procedure-making.

SECTION 3. Preservation. Repeal of any provision of the MPMC will 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 4. Conflicts. In the event of a conflict between the provisions of this Ordinance and the provisions the MPMC, any other ordinance, or any resolution, the provisions of this Ordinance and the Program govern. The Director is authorized to resolve any ambiguities in the manner set forth in the MPMC. Any such determination must be forwarded to the City Council as an informational item when practicable.

SECTION 5. Electronic Signatures. This Ordinance may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.

SECTION 6. 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 7. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable.

SECTION 8. Recordation. The City Clerk, or his duly appointed deputy, 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

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Page 2 of 2 ends

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

SECTION 9. Effective Date. This Ordinance will take effect on the 30 th day following its
final passage and adoption.

PASSED AND ADOPTED this ________ day of ____________, 2024.

________________________
Vinh Ngo, Mayor

ATTEST:

______________________________
Maychelle Yee, City Clerk

APPROVED AS TO FORM

______________________________
Karl H. Berger, City Attorney

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Exhibit A

EMPLOYEE RELATIONS

2.32.010 Purpose.

2.32.020 Definitions.

2.32.030 Employee groups.

2.32.040 Petition for recognition.

2.32.050 Recognition of majority representatives.

2.32.060 Procedure for decertification of recognized employee organization.

2.32.070 Procedure for modification of established appropriate units.

2.32.080 Procedure for processing severance requests.

2.32.090 Determination of appropriate unit.

2.32.100 Appeals.

2.32.010 Purpose.

This chapter is authorized under Government Code Sections 3500, et seq., and is intended to provide a means to promote full communication between the city and its employees to provide a reasonable method of resolving disputes regarding wages, hours and other terms and conditions of employment.

The city must meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of recognized employee organizations and consider fully such presentations as are made by the employee organization on behalf of its members before to arriving at a determination of policy of course of action.

2.32.020 Definitions.

Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter. Terms used that are used in Government Code Sections 3500 et seq. have the same meanings as are provided in said code:

“City representative” for all employer-employee relations under this chapter is a committee composed of the city personnel officer as chairman and staffed by additional members consisting of the city manager and other persons as may be from time to time selected by the city manager.

“Day” means calendar day unless expressly stated otherwise “Employee” means any full time employee of the city except, elective officers , the city manager, or the city attorney.

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“Confidential employee” means any employee whose duties would give the employee access to decisions and decision making processes of the city concerning any matters relating to employer-employee relations.

“Employee organization” means either of the following: (a) any organization that includes employees of the city and that has as one of its primary purposes representing those employees in their relations with the city; (b) any organization that seeks to represent employees of the city in their relations with the city.

“Employee representative” means the authorized representative of a recognized employee organization as set forth in this chapter.

“Employee Relations Officer” means the person designated by the city manager or as determined by the administrative code.

“Failure to agree” means the city representative and a recognized employee organization have been unable to reach agreement concerning a subject over which they are required to meet and confer in good faith.

“Mediation and conciliation” means the use of a neutral third person to assist the city representative
and a recognized employee organization to voluntarily reach an accord where there has been a “failure to agree.”

“Meet and confer in good faith” means that the city, or such representatives as it may designate and representative of recognized employee organizations, have the mutual obligation personally to meet and confer to freely exchange information, opinions, and proposals, and to endeavor to reach agreement on matters within the scope of representation.

“Professional employee” means employees engaged in work requiring specialized knowledge and skills attained through completion of a recognized course of instruction, including, but not limited to, attorneys, physicians, registered nurses, engineers, architects, teachers, and the various types of physical, chemical, and biological scientists.“ Recognized employee organization” means an employee organization that the city has formally acknowledged as representing the majority of the employees in a group for recognition designated by the city. An employee organization while so recognized is the only recognized employee organization for employees in such employee group.

“Supervisors and management” means:

A. Any employee having significant responsibilities for formulating and administering city policies and programs including, without limitation the city manager and department heads; and

B. Any employee having authority in the interest of the city to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or having the responsibility to direct them or to adjust grievances or to effectively recommend such action if in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.

2.32.030 Employee groups.

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To be recognized for the purposes of this chapter, an employee organization must represent a majority of the employees in an employee group.

The city has investigated and studied the work assignments and interest of all city employees. The city has made conclusions based on this study that there are separate and distinct employee groups and that the acknowledgement of these groups will be most conducive to harmonious employer -employee relations and to the efficient operation of the city. The separate employee groups shall be acknowledged by City Council resolution.

Supervisors, management and confidential employees may not represent employees of any group outside their own (if any). Professional employees may seek separate recognition through a professional employee organization. (Ord. 1259 § 1, 1969; prior code § 2253)

2.32.040 Petition for recognition.

Any employee organization which seeks to be recognized as an employee organization representing the employees in an appropriate unit must file with the Employee Relations Officer a petition containing the following information:

A. Name and address of the employee organization;
B. Names and titles of its officers, and mailing and email addresses; C. Names, email addresses, and telephone numbers of employee organization representatives who are authorized to speak on behalf of the organization in any communication with the city;
D. A copy of the employee organization’s constitution or bylaws contains a statement that the employee organization has as one of its primary purposes representation of the employees in their employment relations with the city.

E. A statement whether the employee organization is a chapter of, or affiliated directly or indirectly in any manner, with a local, regional, state, national or international organization, and, if so, the name and address of each such other organization.

F. A designation of those persons, not exceeding two in number, and their addresses, and/or email addresses, to whom notice sent by regular United States mail and/or email will be deemed sufficient notice on the employee organization for any purpose.

G. A statement that the employee organization has no restriction on membership based on race, color, religion, creed, sex, national origin, age, marital status, sexual orientation, mental or physical disability, medical condition, military or veteran status, gender identity or expression, genetic information, or any other legally-protected classification.

H. The job classifications or position titles of employees in the unit claimed to be appropriate and the approximate number of member employees therein.

I. A statement that the employee organization has in its possession proof of employee support to establish that a majority of the employees in the unit claimed to be appropriate have designated the employee organization to represent them in their employment relations with the city. Such written proof shall be submitted for confirmation to the Employee Relations Officer.

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J. A request that the Employee Relations Officer formally acknowledge the petitioning employee organization as the recognized employee organization for purposes of representing the employees in the unit claimed to be appropriate in their relations with the city.

The Petition, including the proof of employee support and all accompanying documentation, shall be declared to be true, correct, and complete, under penalty of perjury, by the duly authorized officer(s) of the employee organization executing it. (Ord. 1259 § 1, 1969; prior code § 2254)

2.32.050 Recognition of majority representatives.

A. City Response to Recognition Petition
After receiving a petition, the Employee Relations Officer must determine whether:

1. There is compliance with the requirements for the filing of a Recognition Petition,

The proposed representation unit is an appropriate unit as required by this chapter . If an affirmative determination is made by the Employee Relations Officer on the foregoing two matters, the Employee Relations Officer will so inform the petitioning employee organization; give written notice of such request for recognition to the employees in the unit ; and take no action on the request for 30 days thereafter. If either of the foregoing matters are not affirmatively determined, the Employee Relations Officer must offer to consult with such petitioning employee organization and, if such determination thereafter remains unchanged, shall inform that organization of the reasons in writing.

The petitioning employee organization may appeal such determination in accordance with this chapter.

B. Open Period for Filing Challenging Petition

Within 30 days of the date written notice was given to affected employees that a valid recognition petition for an appropriate unit has been filed, any other employee organization may file a competing request to be formally acknowledged as the recognized employee organization of the employees in the same or in an overlapping unit (one which corresponds with respect to some, but not all the classifications or positions set forth in the recognition petition being challenged), by filing a petition evidencing proof of employee support in the unit claimed to be appropriate of at least 30% support in the unit claimed to be appropriate and otherwise in the same form and manner by this chapter. If such challenging petition seeks establishment of an overlapping unit, the Employee Relations Officer must call for a hearing on such overlapping petitions for the purpose of determining the more appropriate unit, at which time the petitioning employee organizations will be heard. Thereafter, the Employee Relations Officer m ust determine the appropriate unit or units in accordance with the standards in this chapter and provide written notice of the Employee Relations Office determination to all petitioning employee organizations.

If the petitioning employee organizations do not agree with the decision rendered by the Employee Relations Officer, the petitioning employee organizations have 15 days from the date of when the notice of such unit determination is communicated to them by the Employee Relations Officer to amend their petitions to conform to such determination or to appeal such determination.

C. Granting Recognition Without an Election

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If the Petition is deemed compliant by the Employee Relations Officer, and the proof of support shows that a majority of the employees in the unit deemed to be appropriate have designated the petitioning employee organization to represent them, and if no other employee organization filed a challenging petition, the petitioning employee organization and the Employee Relations Officer must request the California State Mediation and Conciliation Service (“SMCS”), or another agreed-upon neutral third party, to review the count, form, accuracy and propriety of the proof of support. If the neutral third party makes an affirmative determination, the Employee Relations Officer must formally acknowledge the petitioning employee organization as the recognized employee organization for the designated unit.

D. Election Procedure

Where recognition is not granted without an election, then, upon determination of an appropriate unit, the Employee Relations Officer must arrange for a secret ballot election to be conducted by a party agreed to by the Employee Relations Officer and the concerned employee organization(s), in accordance with such party's rules and procedures subject to the provisions of this chapter. All employee organizations submitted petitions which determined to conformance with this chapter must be included on the ballot to provide employees the choice of representing themselves individually in their employment relations with the city.

Employees entitled to vote in such election shall be those persons employed in regular permanent positions within the designated appropriate unit who were employed during the pay period immediately before the date which ended at least 15 days before the date the election commences, including those who did not work during such period because of illness, vacation or other authorized leaves of absence, and who are employed by the city in the same unit on the date of the election. An employee organization must be formally acknowledged as the recognized employee organization for the designated appropriate unit following an election or run-off election if it received a numerical majority of all valid votes cast in the election. In an election involving three or more choices, where none of the choices receives a majo rity of the valid votes cast, a run-off election must be conducted between the two choices receiving the largest number of valid votes cast. The rules governing an initial election shall also apply to a run-off election.

There shall be no more than one valid election under this Section 2.32 pursuant to any petition in a 12-month period affecting the same unit.

Should SMCS decline to conduct the election, the parties will cause the election to be conducted by a neutral arbitrator selected from a list of seven names to be provided by SMCS or, if that body for any reason fails to provide such a list, by the American Arbitration Association. The incumbent recognized employee organization may first strike one name, the petitioning organization may then strike one name, the Employee Relations Officer may next strike one name, and alternate so forth until the last name remaining shall be the Election Supervisor.

If the parties cannot agree as to the time, place, and manner of the election, then the Election Supervisor is authorized to unilaterally determine such issues and carry out the election accordingly.

Costs of conducting elections must be borne in equal shares by the city and by each employee organization appearing on the ballot.

Nothing prohibits any city employee the right to organize and join any organization of their choice or refraining from or refusing to join or participate in the activities of employee organizations. (Ord. 1259 § 1, 1969; prior code § 2255)

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2.32.060: Procedure for Decertification of Recognized Employee Organization.

A Decertification Petition alleging that the incumbent r ecognized employee organization no longer represents a majority of the employees in an established appropriate unit may be filed with the Employee Relations Officer only during the month of March of any year following the first full year of recognition or during the 30 day period commencing 120 days before the termination date of a Memorandum of Understanding then having been in effect less than three years, whichever occurs later.

A Decertification Petition may be filed by two or more employees or their representative, or an employee organization, and must contain the following information and documentation declared by the duly authorized signatory under penalty of perjury under the laws of the state of California to be true, correct, and complete:

1. The name, address and telephone number of the petitioner and a designated representative authorized to receive notices or requests for further information.

2. The name of the established appropriate unit and of the incumbent Recognized Employee Organization sought to be decertified as a representative of that unit.

3. An allegation that the incumbent recognized employee organization no longer represents a majority of the employees in the appropriate unit, and any other relevant and material facts relating thereto.

4. Proof of employee support that at least 30% of the employees in the established appropriate unit no longer desire to be represented by the incumbent Recognized Employee Organization.

Such proof must be submitted for confirmation to the Employee Relations Officer within the time limits specified in this section.

An employee organization may, in satisfaction of the Decertification Petition requirements set forth in this section, file a Petition under this Section in the form of a Recognition Petition that evidences proof of employee support of at least 30%percent, that includes the allegation and information required under this section.

The Employee Relations Officer must initially determine whether the Petition was filed in compliance with the applicable provisions of this section. If the Employee Relations Officer determines the Petition is not compliant, the Employee Relations Officer must offer to consult with the representative(s) of such petitioning employees or employee organization and, if such determination thereafter remains unchanged, return such Petition to the employees or employee organization with a statement of the reasons in writing.

If the Employee Relations Officer determines the Petition is compliant , or if such a determination is made following appeal, the Employee Relations Officer must give written notice of such Decertification or Recognition Petition to the incumbent r ecognized employee organization and to unit employees. Upon request, the Employee Relations Officer must provide a copy of the Petition with names and all other identifying information redacted.

Thereafter, the Employee Relations Officer must arrange for a secret ballot election to be held on or about 30 days after such notice to determine the wishes of unit employees as to the question of decertification and, if a Recognition Petition was duly filed hereunder, the question of representation. Such election must be conducted in conformance with chapter .

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If, pursuant to this section, a different employee organization is formally acknowledged as the recognized employee organization, such organization is bound by all the terms and conditions of any Memorandum of Understanding then in effect for its remaining term.

2.32.070: Procedure for Modification of Established Appropriate Units.

A. Requests to modify established appropriate units must be submitted in the form of a petition for recognition and, in addition to the requirements, contain a complete statement of all relevant facts and citations in support of the proposed modified. The Employee Relations Officer shall process such petition as recognition petitions are processed.

B. When new classifications are adopted, existing classifications abolished, or when a classification is no longer compatible with the existing bargaining unit under the standards set forth in this chapter, the Employee Relations Officer may propose that an established unit be modified. The Employee Relations Officer must give written notice of the proposed modification(s) to any affected employee organization. Any affected employee organization, may, within seven days after service of notice, request a meeting with the Employee Relations Officer by which to contest the proposal(s). That meeting is informal and may consist of the participating employee organization providing verbal and/or written input regarding its position.

Not later than seven days after receiving a request to meet, the Employee Relations Officer must conduct such meeting at which time all affected employee organizations must be heard.

C. Thereafter, the Employee Relations Officer must determine the composition of the appropriate unit or units and give written notice of such determination to the affected employee organizations.

D. The Employee Relations Officer determination may be appealed. If a unit is modified, employee organizations may thereafter file petitions of recognition seeking to become the recognized employee organization for such new appropriate unit(s).

2.32.080: Procedure for Processing Severance Requests.

An employee organization may file a request to become the recognized employee organization of a unit alleged to be appropriate that consists of a group of employees who are already a part of a larger established unit represented by another recognized employee organization. The timing, form and processing of such request are as specified for modification requests.

2.32.090: Determination of Appropriate Unit.

A. The policy objectives in determining the appropriateness of units regarding the effect of a proposed unit are:

1. Efficient operations of the city and its compatibility with the primary responsibility of the city and its employees to effectively and economically serve the public; and

2. Providing employees with effective representation based on recognized community of interest considerations.

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B. These policy objectives require that the appropriate unit shall be the broadest feasible grouping of positions that share an identifiable community of interest. Factors to be considered are :

1. Similarity of the general kinds of work performed, types of qualifications required, and the general working conditions.

2. History of representation in the city and in similar employment; except however, that no unit may be deemed to be an appropriate unit solely on the basis of the extent to which employees in the proposed unit have organized.

3. Consistency with the organizational patterns of the city.

4. Number of employees and classifications, and the effect on the administration of employer - employee relations because of the fragmentation of classifications and/or proliferation of units.

5. Effect on the classification structure and impact on the stability of the employer -employee relationship because of dividing a single or related classification among two or more units.

C. Notwithstanding the foregoing provisions, managerial, supervisory , and confidential responsibilities, are determinative factors in establishing appropriate units hereunder.

Therefore, such managerial, supervisory , and confidential employees may not represent any employee organization which represents other employees and may only be included in a unit consisting solely of managerial, supervisory , or confidential employees respectively.

2.32.100: Appeals.

A. An employee organization aggrieved by a determination of the Employee Relations Officer that a Recognition Petition, Challenging Petition, Decertification Petition, Determination of an Appropriate Unit, Unit Modification Petition, or Severance Request was not filed in compliance with this chapter may, within 10 calendar days of notice thereof, appeal such determination to the City Manager for final decision.

B. Appeals to the City Manager must be filed in writing with the City Clerk and a copy be provided to the Employee Relations Officer by the appellant. The written appeal must be received by the City Clerk no later than 10 calendar days after the Employee Relations Officer sent a decision.

An employee organization’s appeal must state the complete basis for the appeal and be confined to a determination of whether or not the unit resulting from the Employee Relations Officer’s decision was appropriate. The City Manager must issue a final written decision as to whether the Employee Relations Officer’s decision was appropriate. If the City Manager finds the decision was not appropriate, the City Manager will make the final decision.

C. The City Manager must conduct the appeal hearing within 15 calendar days after receiving the appeal and issue a written decision within 15 calendar days after conclusion of the hearing.

The City Manager’s decision shall be final and binding. There is no right for an appeal to the city council.

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Staff Report
December 18, 2024

ATTACHMENT 2
Municipal Code 2.32 - Redline

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Monterey Park, California Municipal Code
Title 2 ADMINISTRATION AND PERSONNEL
Chapter 2.32 EMPLOYEE RELATIONS

2.32.010 Purpose.

2.32.020 Definitions.

2.32.030 Employee groupsCity responsibilities and rights.

2.32.040 Petition for recognitionEmployee groups.

2.32.050 Recognition of majority representativesPetition for recognition.

2.32.060 Procedure for decertification of recognized employee organizationRecognition of majority representatives.

2.32.070 Procedure for modification of established appropriate unitsMeet and confer.

2.32.080 Procedure for processing severance requestsDisposition of failure to agree.

2.32.090 Determination of appropriate unitQuestions concerning scope of representation.

2.32.100 AppealsChapter adoption.

2.32.010 Purpose.

This chapter is authorized under Chapter 10, Division 4, Title 1 of the California Government Code (Sections 3500, et seq.), and is intended to provide a means to promote full communication between the city and its employees to provide a reasonable method of resolving disputes regarding wages, hours and other terms and conditions of employment.

The city mustshall meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of recognized employee organizations and shall consider fully such presentations as are made by the employee organization on behalf of its members beforeprior to arriving at a determination of policy of course of action.

2.32.020 Definitions.

Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter. Terms used herein that are used in Government Code Sections 3500 et seq. will have the same meanings as are provided in said code. The definitions set forth below are additional major terms used in this chapter:

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“City representative” for all employer-employee relations under this chapter isshall be a committee composed of the city personnel officer as chairman and staffed by additional members consisting of the city manager and other persons as mayshall be from time to time selected by the city manager. “Day” means calendar day unless expressly stated otherwise “Employee” means any full time employee of the city except, elective officers and library employees. , the city manager, or the city attorney.

Employee, Confidential. “Confidential employee” means any employee whose duties would give the employee access to decisions and decision making processes of the city concerning any matters relating to employer-employee relations.
“Employee organization” means either of the following: (a) any organization that includes employees of the city and that has as one of its primary purposes representing those employees in their relations with the city; (b) any organization that seeks to represent employees of the city in their relations with the city. “Employee representative” means the authorized representative of a recognized employee organization as set forth in this chaptersection.
“Employee Relations Officer” means the person designated by the city manager or as determined by the administrative codeDirector of Human Resources & Risk Management or his/her/their duly authorized representative.
“Failure to agree” means the city representative and a recognized employee organization have been unable to reach agreement concerning a subject over which they are required to meet and confer in good faith.
“Mediation and conciliation” means the use of a neutral third person to assist the city representative and a recognized employee organization to voluntarily reach an accord where there has been a “failure to agree”.”
“Meet and confer in good faith” means that the city, or such representatives as it may designate and representative of recognized employee organizations, shall have the mutual obligation personally to meet and confer in order to freely exchange freely information, opinions, and proposals, and to endeavor to reach agreement on matters within the scope of representation. “Professional employee” means employees engaged in work requiring specialized knowledge and skills attained through completion of a recognized course of instruction, including, but not limited to, attorneys, physicians, registered nurses, engineers, architects, teachers, and the various types of physical, chemical, and biological scientists.means an employee engaged in work predominantly intellectual and varied in character as opposed to routine mental, manual, mechanical or physical work; involving the consistent exercise of discretion and judgment in its performance; or such a character that the output produced or the result accomplished cannot be standardized in relation to a given period of time; requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning as distinguished from a general academic education or from an apprenticeship or from training in the performance of routine mental, manual, or physical processes; or any employee who has completed the courses of specialized intellectual instruction and study described above and is performing related work under the supervision of a professional person to qualify himself to become a professional employee as defined herein.
“Recognized employee organization” means an employee organization that the city has formally

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acknowledged as representing the majority of the employees in a group for recognition designated by the city. An employee organization while so recognized isshall be the only recognized employee organization for employees in such employee group. “Employee organization” means any organization of any kind, or any agency or employee representation committee in which employees participate and which exists for the primary purpose of dealing with the city concerning wages, hours and other terms and conditions of employment.
“Supervisors and management” means:

A. Any employee having significant responsibilities for formulating and administering city policies and programs including, without limitation but not limited to the city managerchief executive officer and department heads; and
B. Any employee having authority in the interest of the city to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or having the responsibility to direct them or to adjust grievances or to effectively recommend such action if in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment.;
C. For sworn uniformed personnel of the police department, any employee of the rank of sergeant or above;
D. For personnel of the fire department, any employee above the rank of engineer; E. For personnel of other city departments:

1. Finance Department. Any employee classified as accounting and budget officer, purchasing agent/business license officer, or higher;

2. Community Development Department. Any employee classified as plan checker or higher;

3. Engineering Department. Any employee classified as associate civil engineer or higher;

4. Street Department. Any employee classified as public works maintenance supervisor or higher;

5. Water Department. Any employee classified as water utility supervisor or higher; and Recreation Department. Any employee classified as recreation supervisor or higher; and

6. and Parks Department. Any employee classified as park supervisor or higher. (Ord. 1458 § 1; Ord. 1397 § 1, 1975; Ord. 1289 § 6, 1971; Ord. 1259 § 1, 1969; prior code § 2251)

2.32.0340 Employee groups.

In order toTo be recognized for the purposes of this chapter, an employee organization must represent a majority of the employees in an employee group.

The city has investigated and studied the work assignments and interest of all city employees. The city has made conclusions based on this study that there are three separate and distinct employee groups and that the acknowledgement of these groups will be most conducive to harmonious employer- employee relations and to the efficient operation of the city. The three separate employee groups so shall be acknowledged areby City Council resolution. :

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All sSworn police department employees, excluding all nonsworn employees; Sworn mid-management police department employees;
(1) Sworn captain of police department employees;
All fFirefighermen, fire engineer, and fire captain department employees; Fire battalion chief employees;
Confidential employees of the city;
(2) Non-sworn mid-management employees of the city;
(3) All other employees of the city.

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8/15/23, 5:10 PM Chapter 2.32 EMPLOYEE RELATIONS
Supervisors, management and confidential employees may be members of an appropriateany employee group if they so desire and may be represented thereby (subject to employee organization bylaws and/or constitution), but may not represent employees of any of the above employee groups on matters within the scope of representation outside their own (if any). Professional employees may seek separate recognition through a professional employee organization. (Ord. 1259 § 1, 1969; prior code § 2253)

2.32.0450 Petition for recognition.

Any employee organization which seeks to be formally acknowledged as the recognized as an employee organization representing the employees in the employees in an appropriate unit representing employees that seek recognition as the majority representative of the employees in one of such acknowledged employee groups shallmust file with the city councilEmployee Relations Officer a petition containing the following information:

A. Name and address of the employee organization;
B. Names and titles of its officers , and mailing and email addresses; C. Names , email addresses, and telephone numbers of employee organization representatives who are authorized to speak on behalf of the organization in any communication with the city of authorized employee representatives and their authorities and responsibilities ; D. A copy of the employee organization’s constitution or bylaws which shall contains a statement that the employee organization has as one of its primary purposes representation of the employees in their employment relations with the city.

H. The job classifications or position titles of employees in the unit claimed to be appropriate and the approximate number of member employees therein.

I. A statement that the employee organization has in its possession proof of employee support as herein defined to establish that a majority of the employees in the unit claimed to be appropriate have designated the employee organization to represent them in their employment relations with the city. Such written proof shall be submitted for confirmation to the Employee Relations Officer.

J. A request that the Employee Relations Officer formally acknowledge the petitioning employee organization as the recognized employee organization for purposes of representing the employees in the

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unit claimed to be appropriate in their relations with the city.for the purpose of meeting and conferring in good faith.

2.32.0560 Recognition of majority representatives.

A. City Response to Recognition Petition
After receiving a petitionUpon receipt of the Petition, the Employee Relations Officer mustshall determine whether:

1. There is has been compliance with the requirements for the filing of a Recognition Petition as set forth in Section 2.32.050 hereof, and

The proposed representation unit is an appropriate unit as required by this chapter in accordance with Section 2.32.064.

If an affirmative determination is made by the Employee Relations Officer on the foregoing two matters, the Employee Relations Officerhe/she/they willshall so inform the petitioning employee organization; , shall give written notice of such request for recognition to the employees in the unit; and shall take no action on thesaid request for thirty (30) days thereafter. If either of the foregoing matters are not affirmatively determined, the Employee Relations Officer mustshall offer to consult with such petitioning employee organization and, if such determination thereafter remains unchanged, shall inform that organization of the reasons in writing.

The petitioning employee organization may appeal such determination in accordance with this chapterSection 2.32.065.

B. Open Period for Filing Challenging Petition
Within thirty (30) days of the date written notice was given to affected employees that a valid recognition petition for an appropriate unit has been filed, any other employee organization may file a competing request to be formally acknowledged as the recognized employee organization of the employees in the same or in an overlapping unit (one which corresponds with respect to some, but not all the classifications or positions set forth in the recognition petition being challenged), by filing a petition evidencing proof of employee support in the unit claimed to be appropriate of at least thirty percent (30%) support in the unit claimed to be appropriate and otherwise in the same form and manner by this chapter as set forth in Section 2.32.050. If such challenging petition seeks establishment of an overlapping unit, the Employee Relations Officer mustshall call for a hearing on such overlapping petitions for the purpose of determining ascertaining the more appropriate unit, at which time the petitioning employee organizations will shall be heard. Thereafter, the Employee Relations Officer mustshall determine the appropriate unit or units in accordance with the standards in this chapterSection 2.32.064 and shall provide written notice of the Employee Relations Office its determination to all petitioning employee organizations.

If the petitioning employee organizations do not agree with the decision rendered by the Employee Relations Officer, the petitioning employee organizations shall have fifteen (15) days from the date of when the notice of such unit determination is communicated to them by the Employee Relations Officer to amend their petitions to conform to such determination or to appeal such determination pursuant to Section 2.32.065.

C. Granting Recognition Without an Election
If the Petition is deemed compliant by the Employee Relations Officer, and the proof of support shows that a majority of the employees in the unit deemed to be appropriate have designated the petitioning employee organization to represent them, and if no other employee organization filed a challenging petition, the petitioning employee organization and the Employee Relations Officer must shall request the California State Mediation and Conciliation Service (“SMCS”), or another agreed-upon neutral third party, to review the count, form, accuracy and propriety of the proof of support. If the neutral third party makes an affirmative

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determination, the Employee Relations Officer must shall formally acknowledge the petitioning employee organization as the recognized employee organization for the designated unit.

D. Election Procedure
Where recognition is not granted without an election pursuant to the above paragraph, then, upon determination of an appropriate unit in accordance with Section 2.32.064, the Employee Relations Officer mustshall arrange for a secret ballot election to be conducted by a party agreed to by the Employee Relations Officer and the concerned employee organization(s), in accordance with such party's rules and procedures subject to the provisions of this Cchapter 2.32. All employee organizations that have duly submitted petitions which have been determined to be in conformance with this Cchapter 2.32 mustshall be included on the ballot to provide employees the choice . The choice of “no organization” shall also be included on the ballot thereby allowing employees the choice of representing themselves individually in their employment relations with the city.

Employees entitled to vote in such election shall be those persons employed in regular permanent positions within the designated appropriate unit who were employed during the pay period immediately before prior to the date which ended at least fifteen (15) days before the date the election commences, including those who did not work during such period because of illness, vacation or other authorized leaves of absence, and who are employed by the city in the same unit on the date of the election. An employee organization must shall be formally acknowledged as the recognized employee organization for the designated appropriate unit following an election or run-off election if it received a numerical majority of all valid votes cast in the election.

In an election involving three or more choices, where none of the choices receives a majority of the valid votes cast, a run-off election mustshall be conducted between the two choices receiving the largest number of valid votes cast. The rules governing an initial election shall also apply to a run-off election.

There shall be no more than one valid election under this Section 2.32 pursuant to any petition in a 12-month period affecting the same unit.

ShouldIn the event that SMCS declines to conduct the election, for any reason, the parties will causeagree that the election toshall be conducted by a neutral arbitrator selected from a list of seven (7) names to be provided by SMCS or, if that body for any reason fails to provide such a list, by the American Arbitration Association. The incumbent recognized employee organization may shall first strike one name, the petitioning organization mayshall then strike one name, the Employee Relations Officer may shall next strike one name, and alternate so forth until the last name remaining shall be the Election Supervisor.

If the parties cannot agree as to the time, place, and manner of the election, then the Election Supervisor isshall be authorized to unilaterally determine such issues and carry out the election accordingly.

Costs of conducting elections mustshall be borne in equal shares by the city and by each employee organization appearing on the ballot.

The city council shall certify that any employee organization is the recognized employee organization for such group based on Section 2.32.050 and reasonable proof (including an election if necessary) that the organization represents a majority of the employees a such employee group. (1) Nothing herein shall prohibit any employee from appearing in his own behalf in his employment relations with the city.
(2) The recognition by the city of any employee organization shall not be subject to challenge by any group and/or individual or by the city, before an elapsed time of twelve months from the last date of recognition.

Nothing herein shall prohibits any city employee the right to organize and join any organization of their choice or refraining from or refusing to join or participate in the activities of employee organizations. (Ord. 1259 § 1, 1969; prior code § 2255)

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2.32.060: Procedure for Decertification of Recognized Employee Organization.

A Decertification Petition alleging that the incumbent recognized employee organization no longer represents a majority of the employees in an established appropriate unit may be filed with the Employee Relations Officer only during the month of March of any year following the first full year of recognition or during the thirty (30) day period commencing one hundred twenty (120) days beforeprior to the termination date of a Memorandum of Understanding then having been in effect less than three (3) years, whichever occurs later.

A Decertification Petition may be filed by two or more employees or their representative, or an employee organization, and mustshall contain the following information and documentation declared by the duly authorized signatory under penalty of perjury under the laws of the state of California to be true, correct, and complete:

1. The name, address and telephone number of the petitioner and a designated representative authorized to receive notices or requests for further information.

2. The name of the established appropriate unit and of the incumbent Recognized Employee Organization sought to be decertified as a representative of that unit.

4. Proof of employee support that at least thirty (30%) percent of the employees in the established appropriate unit no longer desire to be represented by the incumbent Recognized Employee Organization. Such proof mustshall be submitted for confirmation to the Employee Relations Officer within the time limits specified in the first paragraph of this Ssection 2.32.061.

An employee organization may, in satisfaction of the Decertification Petition requirements set forth in this Ssection 2.32.061, file a Petition under this Section in the form of a Recognition Petition that evidences proof of employee support of at least thirty percent (30%) percent, that includes the allegation and information required under this Ssection 2.32.061, and otherwise conforms to the requirements of Section 2.32.050 .

The Employee Relations Officer mustshall initially determine whether the Petition was has been filed in compliance with the applicable provisions of this Ssection 2.32.061. If the Employee Relations Officer determines the Petition is not compliant, the Employee Relations Officer must shall offer to consult with the representative(s) of such petitioning employees or employee organization and, if such determination thereafter remains unchanged, shall return such Petition to the employees or employee organization with a statement of the reasons in writing.

If the Employee Relations Officer determines the Petition is compliant, or if such a determination is made following appeal, the Employee Relations Officer he/she/they mustshall give written notice of such Decertification or Recognition Petition to the incumbent recognized employee organization and to unit employees. Upon

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request, the Employee Relations Officer mustshall provide a copy of the Petition with names and all other identifying information redacted.

Thereafter, Tthe Employee Relations Officer mustshall thereupon arrange for a secret ballot election to be held on or about thirty (30) days after such notice to determine the wishes of unit employees as to the question of decertification and, if a Recognition Petition was duly filed hereunder, the question of representation. Such election mustshall be conducted in conformance with chapterSection 2.32.060.

If, pursuant to this Ssection 2.32.061, a different employee organization is formally acknowledged as the recognized employee organization, such organization is shall be bound by all the terms and conditions of any Memorandum of Understanding then in effect for its remaining term.

2.32.070: Procedure for Modification of Established Appropriate Units.

A. Requests to modify established appropriate units must be Such requests shall be submitted in the form of a petition for recognition and, in addition to the requirements set forth in Section 2.32.050, shall contain a complete statement of all relevant facts and citations in support of the proposed modified unit in terms of the policies and standards set forth in Section 2.32.061 . The Employee Relations Officer shall process such petition as recognition petitions are processed under Section 2.32.060.

2.32.064, the Employee Relations Officer may in his/her/their own discretion propose that an established unit be modified. The Employee Relations Officer must shall give written notice of the proposed modification(s) to any affected employee organization. Any affected employee organization, may, within seven (7) calendar days after service of notice, request a meeting with the Employee Relations Officer by which to contest the proposal(s). ThatThe “meeting” isdescribed herein shall be informal and mayshall consist of the participating employee organization providing verbal and/or written input regarding its position.

Not later than seven (7) calendar days after receivingreceipt of a request to meet, the Employee Relations Officer mustshall conduct such meeting at which time all affected employee organizations must shall be heard.

C. Thereafter, the Employee Relations Officer must shall determine the composition of the appropriate unit or units in accordance with Section 2.32.064 and shall give written notice of such determination to the affected employee organizations.

D. The Employee Relations Officer determination may be appealed as provided in Section 2.32.065. If a unit is modified as set forth herein, employee organizations may thereafter file petitions of recognition seeking to become the recognized employee organization for such new appropriate unit(s) pursuant to Section 2.32.050.

2.32.080: Procedure for Processing Severance Requests.

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2.32.090: Determination of Appropriate Unit.

A. The policy objectives in determining the appropriateness of units regarding shall regard the effect of a proposed unit areon:

1. Efficient operations of the city and its compatibility with the primary responsibility of the city and its employees to effectively and economically serve the public; and

2. Providing employees with effective representation based on recognized community of interest considerations.

B. These policy objectives require that the appropriate unit shall be the broadest feasible grouping of positions that share an identifiable community of interest. Factors to be considered are shall be:

1. Similarity of the general kinds of work performed, types of qualifications required, and the general working conditions.

2. History of representation in the city and in similar employment; except however, that no unit may shall be deemed to be an appropriate unit solely on the basis of the extent to which employees in the proposed unit have organized.

3. Consistency with the organizational patterns of the city.

4. Number of employees and classifications, and the effect on the administration of employer-employee relations because of the fragmentation of classifications and/or proliferation of units.

5. Effect on the classification structure and impact on the stability of the employer-employee relationship because of dividing a single or related classification among two (2) or more units.

C. Notwithstanding the foregoing provisions, managerial, supervisory, and confidential responsibilities, as defined in 2.32.020, are determinative factors in establishing appropriate units hereunder. Therefore, such managerial, supervisory, and confidential employees may not represent any employee organization which represents other employees and may only be included in a unit consisting solely of managerial, supervisory, or confidential employees respectively.

Professional employees may seek separate recognition through a professional employee organization. A “professional” is an employee engaged in work predominantly intellectual and varied in character as opposed to routine mental, manual, mechanical or physical work; involving the consistent exercise of discretion and judgment in its performance; or such a character that the output produced or the result accomplished cannot be standardized in relation to a given period of time; requiring knowledge of an

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advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning as distinguished from a general academic education or from an apprenticeship or from training in the performance of routine mental, manual, or physical processes; or any employee who has completed the courses of specialized intellectual instruction and study described above and is performing related work under the supervision of a professional person to qualify himself to become a professional employee as defined herein.

2.32.100: Appeals.

A. An employee organization aggrieved by a determination of the Employee Relations Officer that a Recognition Petition (Sec. 2.32.060), Challenging Petition (Sec. 2.32.060), Decertification Petition (Sec.

2.32.061), Determination of an Appropriate Unit (Sec. 2.32.064), Unit Modification Petition (Sec. 2.32.062), or Severance Request (Sec. 2.32.063) washas not been filed in compliance with the applicable provisions of this Cchapter 2.32 may, within ten (10) calendar days of notice thereof, appeal such determination to the City Manager for final decision.

B. Appeals to the City Manager mustshall be filed in writing with the City ClerkManager’s assistant and a copy shall be provided to the Employee Relations Officer by the appellant. The written appeal must shall be received by the City ClerkManager’s assistant no later than ten (10) calendar days after the Employee Relations Officer sent ahis/her/their decision. An employee organization’s appeal must shall state the complete basis for the appeal and shall be confined to a determination of whether or not the unit resulting from the Employee Relations Officer’s decision was appropriate pursuant to the applicable section. The City Manager mustshall issue a final written decision as to whether the Employee Relations Officer’s decision was appropriate. If the City Manager finds the decision was not appropriate, the City Manager will shall make the final decision.

C. The City Manager must shall conduct the appeal hearing within fifteen (15) calendar days after receivingof receipt of the appeal and shall issue a written decision within fifteen (15) calendar days after conclusion of the hearing. The City Manager’s decision shall be final and binding. There is no right for an appeal to the city council.

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

TO: The H
onorable Mayor and City Council
FROM: Chris Thompson, Fire Chief
SUBJECT: Emergency Replacement of the Fire Department Self -Contained Breathing Apparatus (SCBAs) – Adopt a Resolution authorizing the City Manager to execute necessary Agreements, without the need for competitive bidding to purchase the SCBA replacements
RECOMMENDATION:

It is recommended that the City Council consider:

1. Adopt a resolution ratifying the City Manager’s proclamation of local emergency dated
December 11, 2024 concerning the replacement of Fire Department Self- Contained Breathing Apparatus (“SCBAs”) and authorizing the City Manager to execute necessary Agreements, without the need for competitive bidding to purchase the SCBA replacements;

2. Appropriating $635,000 to the FY 2024-202 5 Budget from the General Fund for the project; and

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

EXECUTIVE SUMMARY:

Recently, the Fire Department Chief (“Chief”) was made aware that Honeywell , the sole vendor who provides replacement parts and materials for the Fire Department’s (“Department”) self-contained breathing apparatuses (“SCBA”), will no longer support replacement parts and repairs as of December 16, 2024. By no longer supporting the replacements parts and repairs, the Department’s current SCBAs will no longer be approved by the National Institute for Occupational Safety and Health (“NIOSH”) and can no longer be used in occupational settings. Therefore, a local emergency exists and the Department’s current SCBAs require immediate replacement.

The Chi
ef recommends that the City Council adopt a resolution authorizing the City Manager to execute necessary Agreements, without the need for competitive bidding for the replacement of SCBAs for the Fire Department. This includes a quote for purchase with Bauer Compressors for $633,812.92.

New Business - 5C

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Staff Report

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December 18, 2024

BACKGROUND:

Ordinarily, the City must comply with competitive bidding requirements of the Monterey Park Municipal Code Chapter 3.20. However, due to the immediate need to address the end of life of the existing SCBAs, competitive bidding for the proposed replacements would be ineffective and impractical for the protection of fire suppression health and safety.

As stated above, the SCBAs are critical personal protective equipment for fire suppression personnel as they provide firefighters with breathable air while in dangerous and toxic environments. SCBAs are imperative to the ability of fire suppression personnel to do their jobs safely and appropriately.

The Chief obtained a quote from Bauer Compressors for 50 replacement SCBAs. (Attachment No. 2). The quote includes the equipment, multi-year warranty, covering maintenance and repairs, as well as training and support.

The Chief requests the City Council adopt a resolution authorizing the City Manager to execute the necessary Agreements, in a form approved by the City Attorney, not to exceed $635,000, with Bauer Compressors without the need for competitive bidding for the emergency replacement of the Fire Department’s SCBAs. The Chief requests the appropriation of $635,000 for costs associated with this project including the items and service warranty.

2024-25 S
TRATEGIC PLAN GOAL:

The proposed Resolution supports the City’s strategic goal to maintain public safety with a flexible and enhanced service model. The replacement of the expired SCBAs will ensure that public safety is maintained.

FISCAL IMPACT:

Staff recommends the appropriation of $635,000 to the FY 2024-2025 Budget from the General Fund to cover the costs of this purchase.

Respectfully submitted by: Prepared by:

Chris Thompson
Fire Chief

Rebecca Bojorquez
Principal Management Analyst

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Staff Report

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December 18, 2024
Reviewed by:

__________________________________
Martha Garcia
Finance Director

Approved by:

Reviewed by:

Inez Alvarez
City Manager
Justin A. Tamayo
Assistant City Attorney

ATTACHMENT(S):

1. Resolution

2. Bauer Compressors SCBA Purchase Quote

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Staff Report
December 18, 2024

ATTACHMENT 1
Resolution

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Resolution No. ______

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RESOLUTION NO. _____

A RESOLUTION FINDING THAT AN EMERGENCY EXISTS WITHIN THE

CITY AS TO REPLACEMENT OF SELF-CONTAINED BREATHING

APPARATUSES AND AUTHORIZING CONTRACTING WITHOUT THE

NEED FOR BIDDING PURSUANT TO MONTEREY PARK MUNICIPAL
CODE (“MPMC”) CHAPTER 2.52.

The City Council does resolve as follows:

SECTION 1: T he City Council finds and declares as follows:

A. Pursuant to Monterey Park Municipal Code (“MPMC”) section

2.52.060(a)(1) the City Council must ratify a proclaimed local emergency within seven days of its proclamation or the local emergency is of no further effect.

B. Conditions of extreme peril to the Fire Department personnel (“Department”) safety exist resulting from use of unsupported and uncompliant self-contained breathing apparatus (“SCBA”). The SCBAs are critical to the ability of fire suppression staff to remain safe and have breathable air in dangerous environments.

C. The Fire Department’s current SCBA inventory is set to no longer be supported by the manufacturer on December 16, 2024, after which the current SCBAs will no longer be in compliance with the National Institute for Occupational Safety and Health.

D. On December 9, 2024, the Franklin Fire ignited in Los Angeles County which has burned approximately 2600 acres and is uncontained. There are over 1,500 firefighters assigned to the incident.

E. A Red Flag Warning remains in effect for much of Los Angeles County.

F. On December 11, 2024, the City Manager proclaimed a local emergency concerning the Department’s SCBAs, which will no longer support replacement parts and repairs as of December 16, 2024.

G. The Fire Chief identified a vendor to provide the new SCBAs equipment, which must be completed expeditiously (the “Work”).

H. Under such emergency conditions, the City Council finds that the delay resulting from public bidding would imperil essential public services.

SECTION 2: D
eclaration of Emergency. Based upon the entirety of the administrative record, the City Council finds that an emergency exists which poses an imminent threat

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Resolution No. ______

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to public health and safety that requires immediate action. Accordingly, the City Council authorizes the City Manager to take all necessary measures to protect public health, safety and welfare including, without limitation, waiving competitive bidding requirements pursuant to MPMC section 3.20.050(a).

SECTION 3: R ecordation. The City Clerk will certify to the passage and adoption of this Resolution; will enter the same in the book of original Resolution of said City; and will make a minute of the passage and adoption thereof in the record of proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted.

SECTION 4: P
reservation. This resolution does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Resolution’s effective date. Any such amended part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Resolution.

SECTION 5: S
everability. If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Resolution are severable.

SECTION 6: Re
liance On Record. Each and every one of the findings and determinations in this Resolution are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project. The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole.

SECTION 7: Li
mitations. 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 were made to form accurate assumptions. Somewhat related to this are the limitations on the City’s abilit y 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 8: S
ummaries of Information. All summaries of information in the findings, which precede this section, are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.

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Resolution No. ______

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

SECTION 10: El
ectronic 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 11: Effe
ctive Date. This Resolution becomes effective immediately upon adoption and will remain effective unless repealed or superseded.

SECTION 12: The M
ayor, or presiding officer, is hereby authorized to affix his signature to this Resolution signifying its adoption by the City Council of the City of Bellflower, and the City Clerk, or her duly appointed deputy, is directed to attest thereto

PASSED,
APPROVED, AND ADOPTED this 18th day of December 2024.

____________________________________
Vinh T. Ngo, Mayor

ATTEST:

______________________________
Maychelle Yee, City Clerk

APPROVED AS TO FORM:

KARL H. BERGER, CITY ATTORNEY

By:___________________________
Justin A. Tamayo, Assistant City Attorney

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Staff Report
December 18, 2024

ATTACHMENT 2
Self-Contained Breathing Apparatus Quote

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Quote
Date: 12/9/2024
Quote # CK12042024
Expiration: 12/20/2024
Customer:

Monterey Park FD 1216 Stealth Street
350 W. Newmark Ave. Livermore , CA 94551
Monterey Park, CA 91754 www.bauersf.com
Customer Contact:

Qty Part # Description Unit Price Line Total
52 A-G1FS444MD2C2LGR Configured G1 SCBA $7,791.00 $405,132.00 60 10175708 45 Minute Cylinder, Quick Connect, 4500 psi $1,155.00 $69,300.00 50 10175708 45 Minute Cylinder, Quick Connect, 4500 psi $0.00 $0.00 3 10175710 60 Minute Cylinder, Quick Connect, 4500 psi $1,425.00 $4,275.00 3 10175710 60 Minute Cylinder, Quick Connect, 4500 psi $0.00 $0.00 6 10206313 G1 RIT System $4,685.00 $28,110.00
56 10156459 G1 Facepiece, Medium $325.00 $18,200.00
8 10156458 G1 Facepiece, Small $325.00 $2,600.00
5 10156460 G1 Facepiece, Large $325.00 $1,625.00
63 10126741 Black Ultra Elite Facepiece Bag $0.00 $0.00 4 A-PCG41DC1P1 G1 Premaire Cadet Escape $2,012.00 $8,048.00 24 455022 50' Airline Hose $320.00 $7,680.00
4 479009 CJEN Locking Socket Assy $155.00 $620.00
3 10158385 Battery Charging Station $720.00 $2,160.00
18 10148741-SP Rechargeable Battery $390.00 $7,020.00
120 10083875 RFID Tag Assy $40.00 $4,800.00
1 10186214 RFID Reader $0.00 $0.00
1 10158407 RFID Writer $0.00 $0.00
10 10149700-SP Quick Connect Adapter, 4500 psi (for fill station adapters) $442.00 $4,420.00 10 10172885 Quick Connect Union Adapter (for fill station adpaters) $33.00 $330.00 1 10164447 Basic G1 SCBA Repair Tool Kit $3,654.00 $3,654.00 26 10144231-SP APR Adapter $125.50 $3,263.00
25 10046570 CBRN Filter $90.00 $2,250.00
1 ZT-G1CARE-12HR G1 CARE Initial Certification Training $1,400.00 $1,400.00 Chase Henrich
(626) 307-1469
[email protected]

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Subtotal $574,887.00

10.25% $58,925.92
Shipping $0.00
Total 633,812.92$
Note: Prices do not include shipping/handling charges or sales tax unless specified. Call 925-449-7210 if past expiration date. Thank you for the opportunity to submit this quotation. If you have any questions please give us a call.

Sincerely,
Caitlin Kaller
Mobile: (925) 375-0605

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

TO: Honorab
le Mayor and Members of the City Council
FROM: Robert Aguirre, Director of Recreation & Community Services Christ
ina Alatorre, Recreation Manager
SUBJECT: Authorizing the City Manager to execute a license agreement with Monterey Park Woman’s Club
RECOMMENDATION:

It is recommended that the City Council consider providing direction from the following options:

1. Authorizing the City Manager, or designee, to execute a license agreement, in a form
approved by the City Attorney with the Monterey Park Woman’s Club to utilize the space within the Service Club House; or

2. Tak
ing no action, keeping the current facility reservation fees; and

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

EXECUTIVE SUMMARY:

The Monterey Park Woman’s Club is a n active 501 (c) 3 non-profit organization which has provided community service to the residents of Monterey Park for over 100 years.

Their efforts support educational grants, domestic violence awareness, monetary support programs, and partnerships with the Monterey Park Recreation & Community Services, Bruggemeyer Library, and Fire and Police Departments.

The Monterey P
ark Woman’s Club meets once a month, from September through June, in the Service Club House at Barnes Park. During the 2023/24 Fiscal Year, the Monterey Park Woman’s Club paid $8.50 per hour based on the Fee Schedule for Non-Profit Adult Organizations (Based in Town).

The City c
ontracted with Wildan Financial Services to prepare a cost of service and fee analysis for all city fees. On July 1, 2024, the City adopted the updated Master F ee Schedule which includes the Non-Profit Adult (Based in Town) fee of $39.50 per hour.

The Monterey Park Woman’s Club has stated that the cost to reserve the Service Club House facility for their monthly meetings presents a financial hardship.

Staff i
s recommending that City Council consider providing direction regarding the reservation fees associated with the usage of the Service Club House by the Monterey Park Woman’s Club.

New Business - 5D

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Staff Report
December 18, 2024

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BACKGROUND
:

The Monterey Park Woman’s Club is a non-denominational, non-partisan, 501 (c) 3 non- profit volunteer service organization. The club is a member of the General Federation of Women’s
Clubs International and the California Federation of Women’s Clubs. Their members
participate in a wide variety of service projects benefiting the Monterey Park community.

The Monterey Park Woman’s Club has partnered with several City departments to support community events, including the Monterey Park Community Services & Recreation,
Bruggemeyer Library, Fire and Police Departments. Regular events that the Monterey
Park Woman’s Club participate in are National Night Out and Monster Mash.

The club partners with the Lions Club to assist in recycling used eyeglasses.

Monterey
Park Woman’s Club donates children’s books to the Bruggemeyer Library, Boys &
Girls Club of West San Gabriel Valley, YM CA, and Children’s Family Court. Their monetary donations include supporting the Angeles National Forest through their Penny Pines program and low -cost mammograms for breast cancer screening. During the holiday season the club donates food items, toys and trees for local families in need. The club also provides grants for local 7 th grade girls to attend a camp at college campuses focusing
on STEM curriculum. In addition, the club provides domestic violence awareness and prevention, along with support for victims and survivors.

FISCAL
IMPACT:

The fiscal impact to City will vary based on City Council’s direction. The Woman’s Club total fee for the 2023-2024 fiscal year was $255 for 30 hours at the $8.50 per hour Non- Profit Adult (Based In Town) rate. Currently, the rate of a Non-Profit Adult (Based In Town) is $39.50 per hour. If the Woman’s Club utilizes the Service Club House for 30 hours, their
total annual fee would be $1,185. If City Council decides to provide a license agreement to the Woman’s Club, the fiscal impact would be a potential loss of r evenue of
up to $1,185.

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Staff Report
December 18, 2024

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Respectfull
y submitted by: Review by:
________________________________
Christina Alatorre Robert Aguirre
Recreation Manager Director of Recreation & Community
Services
Approved by: Appr
oved as to form: Karl H. Berger,
City Attorney
Reviewed by:

Inez Alvarez Solange Fortenbach
City Manager Deputy City Attorney

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Monterey Park City CouncilDecember 18, 2024

Monterey Park City Council
December 18, 2024