Monterey Park City Council
December 18, 2024

CITY COUNCIL OF MONTEREY PARK

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

REDEVELOPMENT AGENCY, THE HOUSING AUTHORITY, THE MONTEREY PARK FINANCING

AUTHORITY AND THE MONTEREY PARK GEOLOGIC HAZARD ABATEMENT DISTRICT AGENDA

REGULAR CITY COUNCIL MEETING

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

Wednesday
December 18, 2024
6:30 p.m.

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

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

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

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

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

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

Monterey Park City Council Agenda, December 18, 2024 - Page 2

CALL TO ORDER Mayor
FLAG SALUTE The Monterey Park Police Explorers
ROLL CALL Henry Lo, Vinh Ngo, Jose Sanchez, Thomas Wong, Elizabeth Yang

AGENDA ADDITIONS, DELETIONS, CHANGES AND ADOPTIONS

PUBLIC COMMUNICATIONS

STAFF COMMUNICATIONS:
• Community Development
• Public Works

[1.] PRESENTATION

1-A. ALHAMBRA UNIFIED SCHOOL DISTRICT SUPERINTENDENT OF THE YEAR, DR.

DENISE JARAMILLO

[2.] OLD BUSINESS

2-A. COMPLIANCE REVIEW OF DEVELOPMENT AGREEMENT NO. 2261 -AA DATED OCTOBER 6, 2021 REGULATING REAL PROPERTY AT 100 -200 SOUTH GARFIELD AVENUE (THE “PROJECT”)
It is recommended that the City Council consider:
(1) Receiving and filing this report (NOTE: any alterations to the project proposed by Rykadan 005, LLC must be processed in accordance with applicable law, i.e., the City Council may not “approve” any changes requested by the developer); and (2) Taking such additional, related, action that may be desirable.

CEQA (California Environmental Quality Act):

These actions are exempt from additional review under the California Environmental Quality Act (California Public Resources Code §§ 2100, et seq ., “CEQA”) and CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.) pursuant to CEQA Guidelines § 15061(b)(3) the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment applies to the recommended action. It can be seen with certainty that there is no possibility that the proposed action has a significant effect on the environment.

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

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

3-A. MINUTES
It is recommended that the City Council consider:
(1) Approving the minutes from the regular meeting of November 6, 2024 and the special community meeting of November 19, 2024; and
(2) Taking such additional, related, action that may be desirable.

Monterey Park City Council Agenda, December 18, 2024 - Page 3

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

3-C. WAIVE FURTHER READING AND ADOPT ZONE CHANGE (ZA -24-03), AN ORDINANCE

AMENDING THE ZONING MAP FOR CERTAIN PROPERTIES FOR CONSISTENCY WITH THE GENERAL PLAN, LAND USE AND URBAN DESIGN ELEMENT.

It is recommended that the City Council consider:
(1) Waiving the second reading and adopting the proposed ordinances; and (2) Taking such additional, related, action that may be desirable.

3-D ACCEPTANCE OF SGVMWD GRANT FOR IRRIGATION CONTROL SYSTEMS It is recommended that the City Council consider:
(1) Accepting and allocating grant funding in the amount of $50,000 from the San Gabriel Valley Municipal Water District (“SGVMWD”) for Irrigation Control Systems; (2) Authorizing the City Manager to execute the Grant Agreement, in a form approved by the City Attorney, with SGVMWD for this grant program;
(3) Authorizing the Finance Department to appropriate $50,000 in funding from the FY 2024- 2025 budget; and
(4) Taking such additional, related, action that may be desirable.

3-E. BRUGGEMEYER LIBRARY HVAC IMPROVEMENTS – AWARD OF CONTRACT It is recommended that the City Council consider:
(1) Authorizing the City Manager to execute a public works contract substantially similar to Attachment No. 3, in a form approved by the City Attorney, with Bon Air, Inc., in the amount of $261,847 for the Bruggemeyer Library HVAC Improvements Project; (2) Authorizing the Director of Public Works to approve change orders and contingency up to $26,185 (10%) of the contract amount, for a total project cost of $288,032; 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”). The proposed activity contemplates maintenance, repair, and operation of Bruggemeyer Library by replacing mechanical equipment which involves no expansion of the existing use.

Monterey Park City Council Agenda, December 18, 2024 - Page 4

3-F. 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
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 standar ds 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.

3-G. AMENDMENT TO AGREEMENT 2428-AA WITH U.S. BUILDERS AND CONSULTANTS, INC.

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

[4.] PUBLIC HEARING – None.

Monterey Park City Council Agenda, December 18, 2024 - Page 5

[5.] NEW BUSINESS

5-A. ADOPT AN ORDINANCE ESTABLISHING A BUSINESS LICENSE TAX SCHEDULE 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)).

5-B. AMENDMENT TO MONTEREY PARK MUNICIPAL CODE CHAPTER 2.32 UPDATING

EMPLOYEE RELATIONS
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.

5-C. 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
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 2024-2025 Budget from the General Fund for the project; and
(3) Taking such additional, related, action that may be desirable.

Monterey Park City Council Agenda, December 18, 2024 - Page 6

5-D. AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT WITH MONTEREY PARK WOMAN’S CLUB
It is recommended that the City Council consider:
(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) Taking no action, keeping the current facility reservation fees; and (3) Taking such additional, related, action that may be desirable.

[6.] CITY COMMUNICATIONS (CITY COUNCIL)

[7.] FUTURE AGENDA ITEMS

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

ADJOURN

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

TO: The Honorable Mayor and City Council
FROM: Inez Alvarez, City Manager
Karl H. Berger, City Attorney
SUBJECT: Compliance Review of Development Agreement No. 2261-AA dated October 6, 2021 regulating real property at 100-200 South Garfield Avenue (the “Project”)
RECOMMENDATION:

It is recommended that the City Council consider:

1. Receiving and filing this report (NOTE: any alterations to the project proposed by Rykadan 005, LLC must be processed in accordance with applicable law, i.e., the City Council may not “approve” any changes requested by the developer); and

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

CEQA (California Environmental Quality Act):

These actions are exempt from additional review under the California Environmental Quality Act (California Public Resources Code §§ 2100, et seq., “CEQA”) and CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.) pursuant to CEQA Guidelines § 15061(b)(3) the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment applies to the recommended action. It can be seen with certainty that there is no possibility that the proposed action has a significant effect on the environment.

EXECUTIVE SUMMARY:

On November 20, 2024, a representative from Rykadan 005, LLC (“Rykadan” or the “Developer”) submitted documents to the City Council during public comment (“Developer Comments”). A copy of that document is attached for reference. In sum, Developer seeks to amend a Project that the City Council approved in 2021 via Development Agreement No. 2261-AA (the “Development Agreement”).

Section 6.1 of the Development Agreement provides that the City may conduct annual reviews of the Project after building permits are issued to determine whether the Developer is acting in good-faith compliance with the Development Agreement. Condition of Approval (“COA”) Nos. 3, 5, 8, and 136 provide authority for the City Council to review Old Business - 2A

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December 18, 2024

the Project at any time. Based upon the Developer Comments, it seems prudent to provide the City Council with a full overview the Project’s status.

BACKGROUND:

Ø Pre-Rykadan

The Project is the latest rendition of development proposals for the property located at 100 to 200 South Garfield Avenue (the “Property”). The Property was originally quarried for sand and gravel (before 1948) and then became a landfill owned by Operating Industries, Inc. (“OII”) for municipal solid waste (until 1984). The Property was part of an area identified for redevelopment as part of the now dissolved Monterey Park Redevelopment Agency (“RDA”).

In 2006, the City approved the Towne Center project at the Property (“Towne Center”) as proposed by Magnus Sunhill, LLC (Precise Plan 04-04; Conditional Use Permit 05-16; and Tentative Map 04-07 per Resolution No. 02-06). The Towne Center project was a mixed-use project consisting of approximately 71,366 square feet of retail space and 114,200 square feet of for-sale residential condominiums.

Thereafter, in 2013 the City Council approved a development agreement with Magnus Sunhill for the Town Center project (DA-12-01). Among other things, the 2013 development agreement required Magnus Sunhill to commence construction of Towne Center by May 1, 2013. Magnus Sunhill, however, filed for bankruptcy following disputes with its investors. Court proceedings between 2015 and 2018 ultimately resulted in Rykadan acquiring the Property. Rykadan filed documents with the City in 2019 to begin processing a revised Towne Centre project.

Ø The Rykadan Project

Work for processing the Project began in earnest only in 2021. In late March 2021, the City received conceptual architectural plans; in May 2021, the City provided draft conditions of approval for a six-story mixed use development; and in July 2021, a traffic impact study was prepared. At Rykadan’s request (and expense), in May 2021, the City retained a consultant team to expedite processing the Project (the “City Team”). Creation of the City Team allowed the Project to be considered and approved by the City Council on October 6, 2021 upon a 3-0-2 vote. This is the Project as approved by the City Council:

“[C]onstruction of a 509,295 square foot residential/commercial facility on

2.19 acres located at 114 E. Garvey Avenue. The facility will consist of approximately 151 residential units totaling approximately 170,000 square feet; 7,800 square feet of amenity and lobby spa ce; 43,902 square feet of commercial land uses (e.g., retail and restaurant space); and 16,000 square feet for back of house, trash and other ancillary uses. Parking spaces (509) will be provided on three subterranean parking levels and two above-grade

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levels. The bedroom mix is initially planned to be 1 studio, 27 1 -bedroom, 95 2-bedroom and 28 2-bedroom plus den units (the “Residential Units”).

The commercial portion of the site will include a retail food establishment use, which will operate similar to a food court or a farmers’ market. Individual vendors will lease spaces within this area, and the remainder of the space will be circulation for visitors/customers and for seating. Alcohol sales will be permitted by individual vendors. As shown on the Si te Map, Level 1 includes a food hall, restaurant, and retail spaces, residential lobbies, back of house operations and storage, patio seating, and a main plaza along Garfield Avenue. Level 2 includes a food hall, restaurant, and retail spaces, and a fitnes s center, and patio seating along Garvey Avenue. Levels 3 through 6 include residential units as follows: 37 units on Level 3, 38 on Level 4, 38 on Level 5, and 38 on Level 6.”

COA Nos. 5, 8 and 136 for the Project ensure that this Project – not a different one – obtain building permits:

“5. This approval is for the project as shown on the plans reviewed and approved by the Planning Agency and on file. Before the City issues a building permit, the applicant must submit plans, showing that the project substantially complies with the plans and conditions of approval on file with the Director. Any subsequent modification must be referred to the Director.

The Director may, but is not required to, approve minor or technical modifications (including, without limitation, modifications to these conditions), or refer such requested modifications to the Planning Agency.” (Emphasis added).

“8. Before building permits are issued, the applicant must submit plans demonstrating substantial compliance with the plans and conditions of approval on file with the Director. Any subsequent modification to the project as approved, including the site plan, floor plan, elevations, landscaping and materials, must be referred to the Director to determine whether the Planning Agency should review the proposed
modification.” (Emphasis added).

“136. City will not issue any development permit, including for grading, except in conformance with an approved Final Development Plan. The size, shape, arrangement, use, and location of buildings, walkways, parking areas, drainage facilities, and landscaped areas must be developed in substantial conformity with the approved development plan marked City Council Hearing dated October 6, 2021. Substantial conformity must be determined by the Director.” (Emphasis added).

In 2022, the City expected Rykadan to commence work on the Project. Among other things, Rykadan’s representatives asserted (in May 2022) that Rykadan was

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December 18, 2024
“operating full speed ahead to get plan check documents prepared. ETA from architect is August 2022. If the City can expedite their approval process, they will move quickly with construction start. They are contemplating submitting permit set for excavation and shoring as soon as June. If the city can approve those plans quickly, they would like to get excavation and shoring started by Aug/Sept. They have planned for the groundbreaking ceremony on Friday, July 29th, and would like to have a list of potential guests whom they can invite from the City. If the City can provide that to me with an email list, I can forward it to them. They will send out invites by end of June…. They have selected the GC, KCS West, whom they should be familiar with since they worked with them on the Courtyard Marriott project.”
Thereafter, on June 14, 2022, Rykadan’s representative invited the City Council to a ground-breaking event scheduled for July 29, 2022 (even though it had not submitted any grading or building plans to the City Team for review).

Yet, despite various efforts by the City Team to assist Rykadan in securing a building permit – including granting various administrative approvals for changes in parking configurations – the applicant failed to obtain a building permit by the end of 2022.

This date is significant: on January 1, 2023, new uniform codes (i.e., building codes, plumbing codes, fire codes) became effective throughout California. Which meant that Rykadan’s building plans needed to be completely overhauled to comply with these new regulations. Recognizing the hardship that Rykadan might experience in making such changes, the City Council delayed implementation of these new regulations until April 1, 2023 if applicants submitted complete building plans before December 31, 2022.

Rykadan failed to meet this deadline. The City Team still, however, offered to consider the building plans filed if Ryakadan could secure a grading permit before April 1, 2023.

Rykadan failed to meet that deadline.

Even then, the City Manager exercised emergency powers to extend the deadline from April 1, 2023 to May 1, 2023 so that Rykadan could obtain a building permit (see attached Staff Report dated April 5, 2023). By April, however, it was evident based on conversation with Rykadan representatives that Rykadan would not obtain permits.

Ø Modifications to the Project
Starting in April 2023, Rykadan’s representatives began requesting changes to the Project. This was summarized in an email dated April 22, 2023 where Rykadan’s attorney stated that
“my understanding is that there are certain parts of the project that have become unrealistic in light of our ever changing economy and the costs of

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December 18, 2024

construction. For example, second floor retail and restaurant uses are in decline throughout the Southland and subterranean parking has become prohibitively expensive. Rykadan, therefore, has asked its architect to explore minor changes … in hopes of revising the approved plan administratively.”

By email dated April 23, 2023, the City Attorney responded as follows:

“[l]et me be very blunt on this: the changes contemplated by your client’s team and communicated to the City project manager are not “minor changes” as identified by the DA. They are significant alterations to the overall project that will require City Council approval. Along those lines, be aware that none of the three Council Members who approved this project are on the City Council any longer: Mr. Sornoso is deceased; Mr. Liang is off council; and Mr. Chan is also off council. Council Members Yiu and Lo – who both abstained on the vote – are on the council. Plus, three new council members who never saw this project.

The City has bent over backward to accommodate this project including, without limitation, delaying the impact of the 2022 uniform codes and administratively approving changes to the parking (which the City – with a stretch – considered to be a minor change as it did not affect the aesthetics of the overall project). Indeed, the City Manager was willing to exercise his emergency powers to further delay the imposition of the uniform codes until May 1st if your client had filed applications for off site improvements and grading. That did not occur notwithstanding the City’s project manager trying his best to get an application.

Accordingly, whatever your clients are planning to do, it is more than likely that all plans will be subject to the 2022 uniform codes. The City’s project manager previously communicated this to your client’s team…. I do not see any need for a zoom meeting or reviewing architectural plans at this stage.

Just submit what is desirable and we will process it with the City Council.” (Emphasis added).

The City Team suspended processing the Project on May 3, 2023, and the Project lay dormant until May 2024 when Rykadan filed an application for “Project Entitlement Modifications.”

By letter dated June 13, 2024, the City Team informed Rykadan (among other things) that

“[t]he proposed Celadon project in Monterey Park is substantially different in scale and residential density from the previously analyzed Towne Center

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project. The difference is going to require tha t certain additional analyses be performed.”
Apparently uncertain regarding why the City Team referred to the 2006 Towne Center project (and after a meeting between the City Team and Rykadan representatives on July 30, 2024), Rykadan’s attorney submitted a letter on August 6, 2024. Among other things, the letter states that
“Conditions of Approval nos. 5, 6, and 8 acknowledge that subsequent modifications to the Project may occur and are subject to approval by the Director or Planning Agency. Condition 8 even includes modifications to the site plan, floor plan, elevations, landscaping and materials within the ambit of such subsequent modifications. Condition nos. 134- 138 specifically refer to the preliminary and final development plans, including any "revised plans" and "any changes to the size, colors, construction materials, design or location of any structure on site, or other site or landscape improvements" being made simply with the approval of the Director. All the proposed revisions are changes to the size, colors, design, location of the structures on site, etc., and thus fall within the ambit of these provisions of the DA.” (Emphasis added).

The emphasized language, however, omitted the provisions of the COA stating that the Director may refer substantial revisions of the Project to the Planning Agency (i.e., the City Council) in the Director’s discretion (see above). To remove any doubt, the City Attorney responded to Rykadan’s attorney on the same date (August 6 th). After
repeating the communication from April 23, 2023, regarding the proposed Project amendments, the City Attorney stated
“[l]et me cut to the chase: if your client wants these substantial modifications approved and building permits issued, it will take a trip to the City Council.

My suggestion is that this be sped up so that we are not (again) left wondering what your client is doing.”
On October 10, 2024, the City Team met in person with Rykadan’s Project manager and several new Rykadan’s representatives. There was no change in the messaging.

Rykadan’s representatives were informed that the proposed changes were substantial; would require City Council approval; and would require environmental review. As to the latter, the extent of review was uncertain until Rykadan’s application included more than conceptual drawings. Rykadan’s representatives were encouraged to file an application so that the City could determine next steps. Rykadan’s November 20, 2024, communication with the City Council followed. It does nothing to assist with the City Team’s ability to process revisions to the Project.
• CEQA Challenges

Staff Report

December 18, 2024

At the applicant’s request, the Project was approved in 2021 based upon a Class 32 Categorical Exemption. This type of categorical exemption requires that a project align with the General plan and zoning regulations ; be located on a site not larger than five acres surrounded by urban uses ; and have no significant habitat value for endangered species. Additionally, the project must not cause significant impacts on traffic, noise, air quality, or water quality, and the site must be adequately serviced by nece ssary utilities and public services. The City Council made those findings in 2021.

A revision to the Project requires environmental review. This will pose challenges for various reasons. Most significantly is that the 2006 Towne Center project utilized a mitigated negative declaration (“MND”) that used data from the 2000 Final Environmental Impact Report (“2000 FEIR”) certified for updates to the City’s General Plan. While a draft Addendum to the 2006 MND was prepared for the Project in 2 021 (authored by CAJA Environmental Services), it was not approved by the City Council because the app licant wished to accelerate the timeline for the City’s decision-making. The time for challenging the environmental decisions for the Project are long expired. Changes in California law – and the City’s General Plan (including, e.g., the Housing Element) – since 2000, however, will require greater scrutiny of any proposed amendments to the Project.

The Project utilized data and assumptions from the 2006 Towne Center MND (and the draft 2021 Addendum) to support findings needed to fit the Project into a Class 32 exemption. Some of those data and assumptions are now more than 20 years old. CEQA requires that data be “current.” Most agencies utilize a five-year guideline to ensure that there is a fresh look at potential impacts and mitigation measures, i.e., environmental data older than five years may require updating. Examples:

• The Project’s need to comply with stormwater regulations (Low Impact Development or “LID” plan and report) in 2021 was to be accomplished by paying an in-lieu fee to allow for an offsite project. That option, however, is no longer available as the regulations changed in late 2021.

• The traffic surveys conducted for the Project in 2020 are now stale and will need to be either redone or (at a minimum) peer reviewed considering changes to traffic regulations.

• Traffic signal improvements associated with the project impacts will now require re-evaluation for adequacy and likely different traffic signal improvements may be warranted based on the current state of signalized intersection improvements the City has been implementing over the past three years.

• Because the 2021 agreements with the LA County Sanitation District regarding wastewater connection quantity and connection fees are outdated, those agreements related to the project need to be re-evaluated and confirmed.

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December 18, 2024
• The same is true for the proposed potable water usage at the site. It must be verified with the current City’s master plan for water use. • Fire Department access requirements that were previously exempted from the project will now require review under the current Fire Department requirements, particularly the access to the third structure from the southern property boundary. • Southern California Edison infrastructure improvements were proposed for the Project in 2021. The status of those power improvements is uncertain, but that will need to be reassessed and evaluated.
• While the Project identified measures to reduce the impact of noise and vibration upon neighboring properties – including the Lincoln Plaza Hotel – considering revisions to the Project will potentially reopen consideration of such matters.

Ø Challenges to processing Project Amendments
Rykadan was registered in California in 2014 and acquired the Property in 2018. Its parent company is Rykadan Capital, Ltd. which incorporated in the Cayman Islands in 2009.

Public reports show that Rykadan Capital has a net worth of $131,243,257 in the United States.

Based upon public documents, the Project in Monterey Park is Rykadan’s biggest – and most complex – development project. It is more than twice the size of the next biggest project located in Hong Kong (the Wong Chuk Hang Project of 107,208 square feet).

Rykadan is involved with much smaller projects (e.g., single family residential) in the United States (in San Marino, Arcadia, and San Gabriel).

Between 2019 and 2021, Rykadan utilized a team of well-seasoned individuals who were familiar with California’s (and the City’s) regulatory requirements for the Project. Since then, however, those individuals are no longer part of Rykadan’s team. These changes may have contributed to the overall inability for the Project to secure permits in 2022 and its challenges since that date.

Ø Conclusion
As recommended, this Staff Report is a receive and file item intended to update the City Council regarding Rykadan’s compliance with the Project approvals. Should Rykadan complete its application for changes, the City Team will process it in accordance with applicable law and present it to the City Council for consideration. The application will not be approved administratively.

STRATEGIC PLAN
If developed, the Project meets the 2024-25 Strategic Plan Goal to “Strengthen our local economy and enhance housing opportunities” by encouraging housing development and

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December 18, 2024
providing opportunities for additional commercial/retail space in the City’s Business Improvement District.

FISCAL IMPACT:

No action is proposed. This is a receive and file matter. All costs incurred by the City for work performed on the Project is reimbursed by Rykadan.

Respectfully submitted by:

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

1. November 20, 2024 Communication

2. October 6, 2021 staff report (without attachments)

3. April 5, 2023 staff report

Staff Report
December 18, 2024

ATTACHMENT 1
November 20, 2024 Communication

RYKADAN

RRYKADAN OO5 LLC RYKADAN

CAPITAL
November 20,2024
VIA E.MAIL
Honorable Mayor Wong, Mayor Pro Tem Ngo
&, City Councilmembers Lo, Sanchez, and Yang
City Council for the City of Monterey Park
320 WestNewmarkAvenue
Monterey Park, Califo rnia 9 17 5 4 -289 6
RE: Update on the Celadon Mixed-Use/Housing Development Project at Garvev & Garfield Dear Mayor Wong, Mayor Pro Temp Ngo, and City Councilmembers Lo, Sanchez, and Yiu:

As you may recall, on October 6,2021, the City Council for the City of Monterey Park approved the Business Recovery Development Zone Ordinance for the above-referenced project with a five-year term from November 19,2021to November 19,2026.

Before the approval, Rykadan and its architects, lawyers, and project managers spent enormous amounts of time, effort, and money to design a transcending project in the heart of the City. No other projects in the San Gabriel Valley introduced such a building by the world-renowned architect Jerde Partnership, who has designed some of the most iconic projects in Southern California such as Universal City Walk, Santa Monica Place, as well as the Bellagio Casino and Resort in Nevada to name a few.

After the approval, Rykadan and its team then worked diligently through plan check to be able to pull the construction permits and begin construction. In fact, Rykadan signed the Grant of Geotechnical Tieback Agreement in February 2023,which was necessary for the planned excavation of the site and evidenced its good faith to move forward with the project.

Unfortunately, however, the historic rise in interest rates beginningin2022 up to now has led to an untimely freeze on construction financing that interrupted our progress on the project. We doubt we are alone in the development community in suffering those consequences.

At the same time, because of the pandemic, the financial sector and consumer behavior in the United States, and much of the world, changed significantly with direct impacts on the viability of

RRYKADAN OO5 LLC RYKADAN

CAPITAL
new office uses, remote working, retail shopping in person as opposed to on-line, costs of goods sold, and inflation. Changes in viable retail uses and commuting patterns also raise serious questions about the viability of the 2.5 levels of subterranean parking.

To address the on-going difficulties with construction financing and the economic realities of development today, Rykadan has met with your staff on several occasions to discuss potential revisions to the project, potential amendments to the recorded development agreement, alternative uses, and other options that equate with today's reality. We also have undertaken several market studies and analyses offuture trends.

Based upon those discussions, and its own assessment of where the market is heading' we have worked on revising the project to reduce the amount of commercial square footage on the second floor and the amount of subteranean parking; all of which would be done within the context of the approved building format and overall square footage with only slight modifications to the building connections.

Based upon our work, Rykadan's senior management team from Asia met in person with the City Manager, City Attorney, and planning staff to discuss changes to the project that would allow us to resume work on it. We also presented a simplified design package and solutions that will allow the project to move forward based on updated consumers and financial trends. Specifically, we proposed amending the recorded development agreement to:

Convert the project from apartments to condominiums to promote home ownership in the downtown area, with the number of residential units remaining the same although the unit mix and size of the units may change so that they are larger; Eliminate the 2nd Floor Retail and its related parking stalls because of the lack of any viability for them in the current and future retail market given consumer shopping changes and second floor locations failing in similar projects; Replace the subterranean parking with surface and podium parking.

As shown on the enclosed elevations, all the open spaces and the building design will remain symmetrical like the approved design, with the only changes being made to address the new requirements for condominiums and the now updated state building codes.

Since various sections of the recorded development agreement allow for it to be amended, we wanted to update you directly on these proposed changes so that you hopefully will understand the problems we face and the need for changes that allow us to move forward. As Section 9.2 of the agreement states, "the provisions of the Agreement require a close degree of cooperation and that new information and future events may demonstrate that changes are appropriate with respect to the a
a
a

RRYKADAN OO5 LLC RYKADAN

CAPITAL
details of performance of the Parties under this Agreement." This letter is being sent in such a spirit of cooperation.

Further, under our agreement with the City, there seems to be two ways to proceed. First, refinements and adjustments can be accomplished through operating memoranda or implementation agreements, which the City Manager is allowed to execute per Section 7C. Second, Section 9.3 provides that, ,,Any significant modification to the terms of performance under this Agreement will be processed as an amendment of this Agreement and must be approved by the City Council." We, therefore, would be happy to discuss with you and your staff whether the proposed revisions to the Project plans can be implemented via amendments or operating memoranda executed by the City Manager, or are considered significant enough to be processed as an amendment to be approved by the City Council. Either way, we want to work with the City to get this project built.

At this point, Rykadan and its team have done everything they can to provide a solution that benefits the City, its citizens, and our project. Without these adjustments, we will have no choice but to stop until the financial markets and construction financing are much more favorable for development. When that would be is simply unknown'
please, therefore, let us know whether you have any questions about the proposed revisions and how best to proceed. Thank you for your consideration and attention to this critical issue' We look forward to hearing from You
Sincerely,
Rykadan 005 LLC
Management Team

Exhibit D
Approved Development Plan
SUMMARY:

PERMITTED LAND USES:

The project is a mixed use development with 1 51 dwelling units over tvrelevelsef commercial space and parking r*ses on an
87,934.7 square foot lot after dedications (with dedication of 5 foot radius comer at Garvey and Garfieldavenues)Theparkinglevelsconsistofenclosedabovegrade@ s,r$te*anean+mt<ing. The proposed Floor Area Ratio ("FAR") is2.43.

INTENSITY OF USE:
151 Residential Units +neii*eing* will include a mixture of Studio, 1-Bedroom, 2-Bedroom, 2-Bedroom Plus Den, and possibly 3 Bedroom units.

S+udi+uni+-l-
l-.Bed+eem-Uni+.a3
M
M
ZONING
Bui I ding Recovery Devel opm ent agreeme nt Zone (" B RDZ " ) MAXIMUM HEIGHT AND SIZE OF BUILDINGS:

Maximum Allowable: 7 5'-0" To Roof (Excluding Parapets) Per Figure LU-4 Monterey Park2040
Proposed: Approximat ely 7 4'-0" To Top Of Low Slope Roof, not to exceed 7 5'-0" Limit 1,531 Square Feet Indoor Residential Amenity Space (AJ) 6,237 Square Feet Residential Lobby/ Business Office (B) +ztW 14,000 Square Feet Retai#Commercial Tenant Space (M) +6&899 198,801 Square Feet Residential CJ)
13,953 Square Feet Accessory Spaces $4)
3,122 Square Feet Exit PassagewaYs
237,644 Square Feet Gross Above Grade Floor Area (Not Including Above Grade Parking)
Pa*inr$A
Parking will comply with MPMC for mixed-use developments

PROVISIONS FOR RESERVATION AND DEDICATION OF LA}[D
Lot Size: (g5,428.8 Square Feet-Pre-Dedication)/ (87,934.7 Square Feet- Post Dedication)
Lot arcaprior to dedication: 95,428 square feet(2.19 acres) Lot area after dedication: 87,934 square feet (2.01 acres) Lot width: 221.06 feet (pre-dedication) Approximately 206.06 feet (post-dedication) Lot depth: 432.23 feet (pre-dedication) Approximately 428.73 feet (post-dedication)

SUBDIVISION OR USE PERMIT IMPROVEMENT REQUIREMENTS
Approval of aVesting Tentative Map.

Exhibit D
Approved DeveloPment Plan
SUMMARY:

PERMITTED LAND USBS:

The project is a rnixed use development with l5l dwelling units over commercial space and parking on an g7,934.7 square foot lot after dedications (with dedication of 5 foot radius comer at Garvey and Garfield avenues) The parking levels consist of enclosed above grade' The proposed Floor Area Ratio ("FAR") is 2'43'
INTENSITY OF USE:
151 Residential Units will include a rnixture of Studio. 1-Bedroom, 2-Bedroom. 2-Bedroom Plus Den. and possibly 3-Bedroom Units'
ZONING
BuiIdingRecoveryDevelopmentagreementZone(''BRDZ'')
MAXIMUM HEIGHT AND SIZE OF BUILDINGS:

Maximum Allowable: 75'-0" To Roof (Excluding Parapets) Per Figure LU-4 Monterey Park2040
proposed: Approxirnately 74',-0" To Top Of Low Slope Roof, not to exceed 75'-0" Lirnit 1,531 Square Feet lndoor Residential Amenity Space
6,237 Square Feet Residential Lobby/ Business Office
14,000 Square Feet Commercial Tenant Space
198,801 Square Feet Residential
13,953 Square Feet Accessory Spaces
3,122 Square Feet Exit PassagewaYs
237,644 Square Feet Gross Above Grade Floor Area (Not Including Above Grade Parking)
parking will comply with MPMC for mixed-use developments

PROVISIONS FOR RESERVATION AND DEDICATION OF LAI{D
Lot Size: (95,428.8 Square Feet-Pre-Dedication)/ (87,934.7 Square Feet- Post Dedication)
Lot area prior to dedication: 95,428 square feet(2.19 acres) Lot area after dedication: 87,934 square feet (2'01 acres) Lot width: 221.06 feet (pre-dedication) Approximately 206.06 feet (post-dedication) Lot depth: 432.23 feet (pre-dedication) Approximately 428.73 feet (post-dedication)

SUBDIVISION OR USE PERMIT IMPROVEMENT REQUIREMENTS
Approval of aVesting Tentative Map.

J;tr-v-
t,il
t
Rendering before Requested Amendments
I'SFFg
i-l
il
l;l
l:l
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Rendering with Requested Amendments

Staff Report
December 18, 2024

ATTACHMENT 2
October 6, 2021 staff report (without attachments)









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Staff Report

October 6, 2021
FISCAL IMPACT:

There will be an anticipated increase in property, sales, and business license tax revenue upon development of the project site.

Respectfully submitted by:

Jon Turner, PE
Acting City Planner
Reviewed by: Approved by:

Karl H. Berger
City Attorney
Ron Bow
City Manager
ATTACHMENTS:

Attachment 1: Draft Ordinance with Exhibits (including Development Agreement) Attachment 2: Exterior Architectural Finish Narrative

Staff Report
December 18, 2024

ATTACHMENT 3
April 5, 2023 staff report

City Council Staff Report
DATE: April 5, 2023
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Ron Bow, City Manager
Shawn Igoe, Public Works Director
SUBJECT: Report on Local Emergencies pursuant to Government Code § 8630; Ratification of actions taken by the Director of Emergency Services; Extension of Winter Storms and Local Shooting Emergencies.

RECOMMENDATION:

It is recommended that the City Council consider:

1. Receive and file this report pursuant to Government Code § 8630;

2. Ratify certain actions taken by the Director of Emergency Services including, without limitation, extending the effective date for issuing building permits for the Rykadan 005, LLC project (aka “Celadon”) pursuant to Development Agreement (DA-21-XX); and

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

EXECUTIVE SUMMARY:

On January 8, 2023 (as ratified by Resolution No. 2023-R5, adopted January 18, 2023) and, separately, on January 31, 2023 (Resolution No. 2023-R7), the City declared local emergencies. The first local emergency was in response to the 2023 Winter Storms tha t continue to stretch the City’s resources; the second was in response to the Mass Casualty Incident resulting in the death of 11 people on January 21, 2023 (collectively, the “2023 Emergencies”).

The City Manager, acting in his capacity as the Emergency Services Director, undertook various actions to prioritize the use of public resources to manage the 2023 Emergencies.

Among other things, public safety and public works personnel were mobilized in response to visits by the President and Vice-President of the United States; the Governor of California; and multiple, additional, dignitaries.

This report is submitted to the City Council in compliance with Government Code § 8630.

It also requests that the City Council ratify several actions taken by the City Manager in accordance with his emergency powers under the 2023 Emergencies and that the 2023 Emergencies by extended to May 1, 2023.

Consent Calendar - 3B

Staff Report

April 5, 2023

BACKGROUND:

A consequence of responding to the 2023 Emergencies is that the City’s resources are stretched thin. While the Police and Fire Departments were the most affected, the Public Works Department – which responds to storm damage, infrastructure needs, and street closures (for example, in response to POTUS’s visit) – is also significantly affected.

Among other things, the 2023 Emergencies interfered with the Public Works Department’s ability to process building plans for various pending projects that were approved by the City Council in 2022.

On January 1, 2023, various uniform codes imposed by the State of California became effective. Ordinance No. 2224 (adopted November 16, 2022) implements the uniform codes within the City of Monterey Park. Section 23 of Ordinance No. 2224 provides

“[p]rojects for which a building permit application and building plans were submitted before the effective date of this Ordinance, and for which building permits are obtained within 90 days from the effective date … are exempt from the regulations in the 2022 [uniform] code update includi ng the [uniform] codes adopted by reference….”

The Celadon project was approved by the City Council in 2021 via Ordinance No. 2215 (adopted October 20, 2021). Among other things, Ordinance No. 2215 approved a development agreement (“DA”) between the City and Rykadan. Section 4.2 of the DA provides, in part, that the City “will not unreasonably withhold … any [permits] that may be issued by City in order for the [Celadon] Project to proceed….” Although the DA contains a specific exemption from this general requirement for the uniform codes adopted by Ordinance No. 2224, the 2023 Emergencies also activated Section 10.22 of the DA which is captioned “Unavoidable Delays or Events.” Among other things, that section provides that the time for performing under the DA will be excused during a delay caused by “terrorism … floods … governmental restrictions … or similar bases….”

Rykadan filed all processing fees and paperwork in 2022 to secure a building permit before April 1, 2023 (the deadline established by Ordin ance No. 2224). The 2023 Emergencies, however, delayed the City’s review (and response to corrections) by at least three weeks. Indeed, the Police Department is just now conducting its initial review of the Rykadan plans; the Fire Department is undergoing its second review of the plans.

Overall, the City’s project manager for Celadon estimates that building permits may be issued by May 1, 2023. Based upon the foregoing, the City Manager utilized his emergency powers to extend the deadline for Celadon obtain ing a building permit from April 1, 2023 to May 1, 2023. The City Council is asked to ratify this action.

Permits for other Celadon project related work are being issued before the April 1 st
deadline established by Ordinance No. 2224 : grading and demolition permits are being issued to allow Rykadan to proceed with offsite SCE undergrounding work; offsite curb,

Staff Report

April 5, 2023
gutter, sidewalk, and utilities construction; and staging and traffic control/logistics preparations.

FISCAL IMPACT:

The Public Works Department incurred $8,550 in overtime related work. This included “No Parking” sign installation; set up and take down of street closure related equipment; setup of message boards; and support to the Secret Service and Police/Fire Departments activities. Additional fiscal impact is being calculated and may be reported verbally during the City Council meeting.

Respectfully submitted by:

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

Ron Bow
City Manager
Karl H. Berger
City Attorney
Attachment:

1. Administrative Order issued March 30
, 2023

ATTACHMENT 1
Administrative Order
Staff Report
April 5, 2023

ADMINISTRATIVE ORDER
(Pursuant to Resolution Nos. 2023-R5 and 2023-R7)

Ordinance No. 2224 (adopted November 16, 2022) implements uniform codes imposed by Title 24 of the California Code of Regulations within the City of Monterey Park. Section 23 of Ordinance No. 2224 requires that all persons seeking building permits utilizing the 2019 uniform codes file plans and processing fees not later than December 31, 2022 and secure a building permit before April 1, 2023.

Ordinance No. 2215 (adopted October 20, 2021) approved a development agreement (“DA”) between the City and Rykadan 005, LLC (“Rykadan”) which is the developer for the so-called “Celadon Project.” Based upon the local emergencies identified in Resolution Nos. 2023-R5 and 2023-R7, there was a “Unavoidable Delay” in processing building plans for the Celadon Project. Accordingly, pursuant to Monterey Park Municipal Code Chapter 2.52; Section 4 of Resolution No. 2023-R5; and Sections 4.2 and 10.22 of the DA, the deadline in Section 23 of Ordinance No. 2224 is extended until May 1, 2023 for the Celadon Project only. All permits that may be issued pursuant to the uniform codes should be ministerially issued in accordance with applicable law.

________________________
Ron Bow, City Manager

March 30, 2023 at 4:15 pm
Date/Time

CITY OF MONTEREY PARK

City Manager’s Office

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

TO: The Honor
able Mayor and City Council
FROM: Maychelle Yee, City Clerk
SUBJECT: Minutes

RECOMME
NDATION:

It is r
ecommended that the City Council consider:

1. Approving the minutes from the regular meeting of November 6, 2024 and the special community meeting of November 19, 2024; and

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

EXECUTIVE SU
MMARY:

None.

BACKGROUND:

None.

FISCAL I
MPACT:

None.

Respectfully submitted by: Prepared by:

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

Inez Alvarez
City Manager

ATTACHMENT(S
):

1. Draft Minutes
Consent Calendar - 3A

Staff Report
December 18
, 2024
ATTACHMENT 1
Draft Minutes

xx-xx

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

MINUTES

MONTEREY PARK CITY COUNCIL

FINANCING AUTHORITY (MPFA)

HOUSING AUTHORITY (MPHA)

GEOLOGIC HAZARD ABATEMENT DISTRICT (GHAD)

SUCCESSOR AGENCY (SA)

REGULAR MEETING
NOVEMBER 6, 2024

The City Council, the Financing Authority (MPFA), the Housing Authority (MPHA), the Geologic Hazard Abatement District (GHAD), and the Successor Agency (SA) of the City of Monterey Park held a Regular Meeting of the Council in the Council Chamber, located at 320 West Newmark Avenue in the City of Monterey Park, Wednesday, November 6, 2024 at 6:30 p.m.

CALL TO ORDER:

Mayor Wong called the meeting to order at 6:36 p.m.

FLAG SALUTE: The Monterey Park Fire Explorers led the flag salute.

ROLL CALL:

City Clerk Maychelle Yee called the roll:

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

ALSO PRESENT: City Manager Inez Alvarez, City A ttorney Karl Berger, Assistant City Manager Diana Garcia, Director of Finance Martha Garcia, Fire Chief Chris Thompson, Director of Human Resources and Risk Management Christine Tomikawa, Director of Community Development Jessica Serrano, City Librarian Kristin Olivarez, Director of Public Works Shawn Igoe, Police Chief Scott Wiese, Economic Development Manager Joseph Torres, Administrative Manager Xochitl Tipan, Senior Librarian Leonie Jordan, Recreation Supervisor Guillermo Chavez, Assistant Deputy City Clerk Helena Cho

VIRTUALLY PRESENT: Director of Recreation and Community Services Robert Aguirre, City Consultant Juliet Arroyo, Arcadis Group Associate Steven Wilks.

AGENDA ADDITIONS, DELETIONS, CHANGES AND ADOPTIONS : City Manager Alvarez requested to reschedule Agenda Item No. 1A due to a scheduling conflict with Superintendent Denise Jaramillo and requested to hear Agenda Item No. 6A after Public Communications.

xx-xx
November 6, 2024

PUBLIC COMMUNICATIONS

- Marissa Castro-Salvati introduced herself and her role as the Government Relations Manager for Southern California Edison and showed her appreciation to the city.

- Al Sanchez spoke about an increase in burglaries occurring around the city and requested assistance from the Police Department to help solve these crimes.

- Mark Liu from the Righteous Quest Foundation asked about an update on the organization’s event permit application to show tribute to Americans this Thanksgiving Holiday.

STAFF COMMUNICATIONS

This item was heard after Agenda Item No. 6A.

- City Manager: Assistant City Manager Garcia provided information about the upcoming First Annual Volunteer Fair and the State of the City Address.

- Community Development: Economic Development Manager Torres provided an update on the launch of the Taste of Downtown Monterey Park Program and talked about the city’s involvement as a finalist in the Los Angeles County Economic Development Corporation (LACEDC) Most Business Friendly City Award.

- Library: Senior Librarian Jordan spoke about upcoming events in the library which include a free Legal Assistance Event, Raising Readers Workshop, Workers Rights Training, a special screening of Tequila Sunset, Elder Law Day, celebrating Native American Heritage Month through a teen program about the Gabrielino Tongva and displaying special books to honor them, a movie screening of Pure Grit, the Literacy for All of Monterey Park Winter Program, and provided information about passport services offered at the library.

- Police: Police Chief Wiese spoke about holiday safety and crime prevention, emphasizing the community engagement bureau and the neighborhood watch program. He talked about the city’s district block captions, the opportunity to hold virtual meetings in neighborhoods and provided holiday tips on ways to help secure your phone, and crime statistics for the month of October.

- Recreation and Community Service: Recreation Supervisor Chavez presented a PowerPoint presentation about upcoming events held by the department which include Letters for Santa, a Pickleball Tournament, a Veterans Day event, Native American Heritage Month in conjunction with the Farmers Market and the announcement of the Snow Village event.

xx-xx
November 6, 2024

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

1-A. DENISE JARAMILLO, SUPERINTENDENT OF ALHAMBRA UNIFIED SCHOOL DISTRICT – 2024 LOS ANGELES COUNTY SUPERINTENDENT OF THE YEAR AWARD

This item was continued to a future meeting due to a scheduling conflict with Superintendent Jaramillo.

1-B. WARE ENTERPRISES: UPDATES REGARDING SOLID WASTE SERVICES

AND IMPLEMENTATION

Ware’s Vice President of Public Affairs Liya Ding presented a PowerPoint presentation with updates on the new trash services in the city. She spoke about delivering kitchen pails to residents in the coming weeks, a decrease in service calls from residents, and a consistent flow of in person traffic at the main customer service center located in Monterey Park. Ding mentioned a few challenges from the company which include an increase in bulky item pick up/ cart resizing, and their plan to continue participating in city wide events. Eddie Lara, Operations Manager, addressed the City Council’s inquiry regarding customers who are still past due on their bi-monthly payment.

2. OLD BUSINESS: - None.

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

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

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

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

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

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

xx-xx
November 6, 2024
3-A. M INUTES

It is recommended that the City Council consider Approving the minutes from the regular meetings of June 5, 2024, July 17, 2024, August 21, 2024 and September 4, 2024, the special meetings of June 18, 2024, July 17, 2024, August 5, 2024 at 5:30 p.m., Augus t 5, 2024 at 6:30 p.m., August 12, 2024, August 21, 2024 and September 4, 2024 and the special community meeting of July 24, 2024 and September 9, 2024

Action Taken: The City Council approved the minutes from the regular meetings of June 5, 2024, July 17, 2024, August 21, 2024 and September 4, 2024, the special meetings of June 18, 2024, July 17, 2024, August 5, 2024 at 5:30 p.m., August 5, 2024 at 6:30 p.m., August 12, 2024, August 21, 2024 and September 4, 2024 and the special community meeting of July 24, 2024 and September 9, 2024, on Consent Calendar.

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

BETWEEN THE CITY OF MONTEREY PARK AND ATLANTIC SQUARE, LLC (TRC) TO FACILITATE IMPROVEMENTS ON AND ADJACENT TO THE ATLANTIC SQUARE SHOPPING CENTER LOCATED AT 2100 SOUTH
ATLANTIC BOULEVARD; TA ACTIVATE THE BUSINESS RECOVERY
DEVELOPMENT AGREEMENT ZONE (“BRDZ”) IN MONTEREY PARK
MUNICIPAL CODE CHAPTER 21.45; AND TO AMEND THE ZONE MAP (ZA- 24-02)

By letter dated December 22, 2023, the owner of the Atlantic Square shopping center located at 2100 S. Atlantic Boulevard (“Shopping Center”), Atlantic Square, LLC, d/b/a/ TRC (“TRC”) submitted an application to the City to amend the existing Conditional Use Permit (CUP) that governs the development and types of uses allowed at the shopping center. The existing CUP was issued in 1989 (with subsequent amendments).

Starting in 2023, the City Council considered the Shopping Center in a series of meetings. On March 26, 2024, the City Council created an ad hoc committee (comprised of Mayor Thomas Wong and Council Member Jose Sanchez) to meet with TRC representatives regarding the Shopping Center’s future. Following those meetings, the City Manager, City Attorney, and other officials negotiated the proposed Development Agreement between the City and TRC.

The Ordinance was introduced and received first reading at the October 16, 2024 City Council meeting. The original staff report (from October 16, 2024) is attached for reference. Second reading and adoption of these Ordinances is recommended.

If adopted, the ordinance will take effect in 30 days (December 6, 2024).

xx-xx
November 6, 2024
Action Taken: The City Council waived the second reading and adopt ed Ordinance No. 2251, DA-24-01, and amended the zoning map (ZA -24-02), on Consent Calendar.

Ordinance No. 2251

AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT BY AND

BETWEEN THE CITY OF MONTEREY PARK AND ATLANTIC SQUARE, LLC,

D/B/A TRC, A DELAWARE LIMITED LIABILITY COMPANY, TO FACILITATE DEVELOPMENT OF AN EXISTING SHOPPING CENTER; AND TO ACTIVATE THE BUSINESS RECOVERY DEVELOPMENT AGREEMENT ZONE (“BRDZ”) IN MONTEREY PARK MUNICIPAL CODE CHAPTER 21.45

3-C. RECEIVE AND FILE THE MONTEREY PARK BUSINESS IMPROVEMENT DISTRICT NO. 1 (BID) 2024 ANNUAL REPORT AND APPROVE THE PROPOSED BID ASSESSMENT AN D BUDGET FOR THE 2025 PROGRAM YEAR

The Business Improvement District No. 1 (BID), established in 1986, is required by California law to submit an annual report to the City Clerk detailing its activities, expenditures for the current program year, and proposed budget for the following program year. Additionally, BID assessments must be renewed annually. Per the California Streets and Public Highways Code 54954.6, an ongoing assessment, if imposed at the same or lower amount as any previous year, does not require a public hearing or resolution to adopt and may be approved by minute order.

Action Taken: The City Council received and filed the 2024 Annual Report with the City Clerk; and a pproved the proposed BID assessment and budget for the 2025 program year.

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

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

Absent: Council Members: N go
Abstain: Council Members: None
Recusal: Council Members: None

xx-xx
November 6, 2024
3-D. 2024 CURB RAMP IMPROVEMENTS – AWARD OF PUBLIC WORKS CONTRACT TO ONYX PAVING COMPANY, INC.

Capital Improvement Project (“CIP”) No. 96048 – 2024 Curb Ramp Improvements Project includes curb ramp construction at various street intersections. Pursuant to Resolution No. 2024-R48, the Public Works Director solicited bids for the 2024 Curb Ramp Improvements (Specification No. 2024-004).

CEQA (California Environmental Quality Act)
The City reviewed the environmental impacts of the proposed Ordinance pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq., the “CEQA Guidelines”). CEQA Guideline § 15301(c) (Existing Facilities) exempts the operation, repair, maintenance, alteration of existing public or private structures which involve negligible or no expansion of existing or former use. The proposed work will occur entirely within an existing structure. Accordingly, no further environmental review is required.

Action Taken: The City Council authorized the City Manager to execute a public works contract, in a form approved by the City Attorney, with Onyx Paving Company, Inc. in the contract amount of $169,000 for the 2024 Curb Ramp Improvements Project; and authorized the Director of Public Works to approve change orders not to exceed $17,000 over the total contract amount, on Consent Calendar.

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

EXTENDED OVERHEAD COSTS TO THE CENTRALIZED GROUNDWATER

TREATMENT SYSTEM

J.R. Filanc, the contractor for the Centralized Groundwater Treatment System (CGTS) project, is requesting $215,213.81 for extended costs due to the delay in obtaining an operating permit from the State Water Resources Control Board Division of Drinking Water (DDW). The 22-month time delay resulted in additional costs to maintain the integrity of the new treatment equipment in addition to rewriting and resubmitting revisions to the permit application.

Staff is requesting approval of Change Order No. 19 to J.R. Filanc’s Agreement No. 1954- A for the cost of $215,213.81 due to the 22-month delay. The additional cost exceeds the current contract amount and contingency and thus requires City Council approval.

xx-xx
November 6, 2024
CEQA (California Environmental Quality Act)
The City reviewed the environmental impacts of the proposed Ordinance pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq., the “CEQA Guidelines”). CEQA Guidelines §§ 15301 and 15302 exempt this matter from further environmental review as the proposed action would result in a minor alteration of an existing public structures involving no expansion of use located on the same site with substantially the same purpose and capacity.

The proposed work will occur entirely within an existing structure. Accordingly, no further environmental review is required.

Action Taken: The City Council approved Change Order No. 19 to Agreement No. 1954-A with J.R. Filanc Construction Company, Inc. for the extended overhead costs, on Consent Calendar.

3-F. NOTICE OF COMPLETION – VARIOUS PROJECTS

Pursuant to City Council Resolution No. 11701, the Public Works Director is authorized to record a Notice of Completion for Capital Improvement Projects (“CIP”). The City recently completed CIP No. 99014 – CIPP Lining at Various Locations Project and CIP 99026 – 2024 Sewer Manhole Rehabilitation Project.

Upon completion, the work was inspected and approved by the City Engineer. It is recommended that the City Council receive and file the Notice of Completions recorded by the Public Works Director for these projects.

Action Taken: The City Council received and fil ed the Notice of Completion recorded by the Public Works Director on August 28, 2024, accepting the CIPP Lining at Various Locations Project completed by Southwest Pipeline and Trenchless Corp; and received and filed the Notice of Completion recorded by the Public Works Director on October 2, 2024, accepting the 2024 Sewer Manhole Rehabilitation project completed by Sancon Technologies, Inc ., on Consent Calendar.

3-G. SPIRIT BUS PILOT PROGRAM

The City worked with Arcadis/IBI Consultants, Inc (Arcadis -IBI) to complete an evaluation of its Spirit Bus fixed -route transportation program. As a result of the evaluation, staff provided service recommendations to City Council on June 18, 2024 and requested City Council direction on the implementation of a pilot program for the proposed restructure of routes and implementation of on-demand services.

City Council was supportive of the pilot program and requested staff conduct additional outreach regarding proposed changes prior to deploying a pilot program.

At this time, staff recommends City Council approve a one-year pilot program and authorize the City Manager to execute an Agreement with Via Transportation, Inc., without the need for competitive bidding not to exceed $573,689 for on- demand (microtransit) services. Additionally, it is recommended that the City Council

xx-xx
November 6, 2024
authorize an extension to the agreement with First Transit to continued fixed-route service through the end of the pilot program.

Discussion: Administrative Manager Tipan provided a PowerPoint presentation about an update on the transportation options and detailed the potential map/routes for the Spirit Bus Pilot program.

Via Transportation Inc.’s Partnerships Principal Brian Nelson explained the pilot program’s user interface when an on-demand ride service is requested.

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

Action Taken: The City Council authorized the City Manager to execute an agreement with Nomad Transit, LLC, a wholly owned subsidiary of Via Transportation, Inc., without the need for competitive bidding, in a form approved by the City Attorney, for on- demand transit services for an amount not -to-exceed $573,689 and approved an additional appropriation of $123,946 from Prop A funds to the FY 2024- 25 budget for services through June 30, 2025. T he City Council directed staff to continue the proposed approval of Recommendation No. 2 to the November 20, 2024 meeting to meet a quorum due to a conflict of interest for Council Member Lo and Mayor Wong.

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

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

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

xx-xx
November 6, 2024

4. PUBLIC HEARING

4-A. CONSIDERATION AND POSSIBLE ACTION TO ADOPT REGULATIONS

GOVERNING DATA CENTERS WITHIN SATURN PARK IN ACCORDANCE WITH SECTION 3(A) OF ORDINANCE NO. 2198 (ADOPTED BY VOTERS AS MEASURE JJ ON NOVEMBER 3, 2020).

On October 2, 2024, the City Council considered the Saturn Park Advisory Review Committee’s (“SPARC’s”) recommendation regarding potential future land uses as part of implementation of the Land Use and Urban Design Element (“LUE”) to the General Plan. The City Council directed staff to draft amendments to MPMC Chapter 21.14 affecting properties within Saturn Park, including conducting research and developing regulations governing data centers to address concerns related to energy, water, air quality, noise and building design.

ZCA-24-02 proposes regulations for data centers within Saturn Park which implement the LUE. As a separate document, design guidelines for data centers are included for City Council consideration.

CEQA (California Environmental Quality Act)
Pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq.; “CEQA”) and the regulations promulgated thereunder (14 Cal.

Code of Regs. §§ 15000, et seq.; the “CEQA Guidelines”), the City reviewed the environmental impacts of the proposed regulations and found and determined that this ordinance is not subject to further review under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq.; “CEQA”) for the following reasons: (1) it will not result in a direct or reasonably foreseeable indirect physical change in the environment (14 Cal. Code Regs. § 15060(c)(2); (2) there is no possibility that the ordinance may have a significant effect on the environment (14 Cal. Code Regs. § 15061(b)(3); and (3) the ordinance, by itself, does not constitute a “project” as defined in the CEQA Guidelines (14 Cal. Code Regs. § 15378).

Public Speakers:

- Maychelle Yee speaking as a resident, showed her appreciation to the city and the developer for their willingness to address environmental concerns. She spoke about the importance of mitigating environmental concerns towards the development process and provided more suggestions and technical resources.

- Jim Pugh, representing the applicant, Bryan Marsh, for the Saturn Park project said he submitted a letter focusing on the data center regulations, and recommended council to take their time to research what regulations can be evolved to fit the city needs.

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November 6, 2024
- Bryan Marsh, applicant and CEO of StratCap Data Centers recommended minor changes to the proposed ordinance about principal/conditional uses for the data center project.

Discussion: Community Development Director Serrano presented a PowerPoint presentation about the proposed code amendments, parking requirements and public benefits for the Saturn Park Project

Wildan City Consultant Juliette Arroyo, virtually present , was available for questions.

RECESSED AND RECONVENED
The City Council recessed at 9:18 p.m. and reconvened with all council members present except Mayor Pro Tem Ngo at 9:54 p.m.

Recommendations: It is recommended that the City Council consider (1) opening the public hearing and taking testimonial and documentary evidence; and (2) after closing the public hearing and considering the evidence submitted during that public hearing:

(a) Adopting an Urgency Ordinance (Attachment 1 to the Staff Report) upon 4/5 vote pursuant to Government Code § 65858 amending Monterey Park Municipal Code (“MPMC”) Chapter 21.14 to add regulations governing data centers in accordance with Section 3(A) of Ordinance No. 2198 (adopted by voters as Measure JJ on November 3, 2020); (b) Introducing and waiving first reading of an Ordinance (ZCA -24-02) (Attachment 2) amending Monterey Park Municipal Code (“MPMC”) Chapter 21.14 to add regulations governing data centers in accordance with Section 3(A) of Ordinance No. 2198 (adopted by voters as Measure JJ on November 3, 2020);
(c) Adopting a Resolution (Attachment 3 to the Staff Report) to adopt the design guidelines for data centers in accordance with MPMC Chapter

21.14.; and
(d)
(3) Taking such additional, related, action that may be desirable.

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November 6, 2024
Action Taken: The City Council (1) opened the public hearing to receive documentary and testimonial evidence at 8: 31 p.m.; (2) after closing the public hearing at 8:44 p.m. and considering the evidence submitted during that public hearing:

(a) Adopted Urgency Ordinance No. 2252 (Attachment 1 to the Staff Report) upon 4/5 vote pursuant to Government Code § 65858 amending Monterey Park Municipal Code (“MPMC”) Chapter 21.14 to add regulations governing data centers in accordance with Section 3(A) of Ordinance No. 2198 (adopted by voters as Measure JJ on November 3, 2020), as amended to remove all language in the draft Urgency Ordinance in Section 4 excluding the renumbering of Section 21.14.020 Definitions to Sections 21.14.210 Definitions and to add language to include “on- site” and add Section 21.14.220 Data Centers – Development Agreement Requirements. “Data centers are permitted only with a development agreement in accordance with Chapter 21.44 of this code.”

(b) Introduced and waived first reading of Ordinance (ZCA-24-02) (Attachment 2 to the Staff Report) amending Monterey Park Municipal Code (“MPMC”) Chapter 21.14 to add regulations governing data centers in accordance with Section 3(A) of Ordinance No. 2198 (adopted by voters as Measure JJ on November 3, 2020) as amended to remove all language in the draft Ordinance in Section 4 excluding the renumbering of Section 21.14.020 Definitions to Sections 21.14.210 Definitions and to add language to include “on- site” and add Section

21.14.220 Data Centers – Development Agreement Requirements. “Data centers are permitted only with a dev elopment agreement in accordance with Chapter 21.44 of this code.”

(c) Continued the proposed approval of R ecommendation No. 3, adopting a Resolution (Attachment 3 to the Staff Report ) to adopt design guidelines for data centers in accordance with MPMC Chapter 21.14 to a future meeting.

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

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

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

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November 6, 2024
Urgency Ordinance No. 2252

AN URGENCY ORDINANCE AMENDING MONTEREY PARK MUNICIPAL CODE CHAPTER 21.14 (ZCA-24-02) TO AMEND REGULATIONS GOVERNING DATA PROCESSING FACILITIES IN ACCORDANCE WITH SECTION 3(A) OF ORDINANCE NO. 2198 (ADOPTED BY VOTERS AS MEASURE JJ ON
NOVEMBER 3, 2020)

Ordinance 1
st Reading, entitled:

AN ORDINANCE AMENDING MONTEREY PARK MUNICIPAL CODE CHAPTER

21.14 (ZCA -24-02) TO AMEND REGULATIONS GOVERNING DATA
PROCESSING FACILITIES IN ACCORDANCE WITH SECTION 3(A) OF ORDINANCE NO. 2198 (ADOPTED BY VOTERS AS MEASURE JJ ON
NOVEMBER 3, 2020)

5. NEW BUSINESS

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

FIRST READING OF AN ORDINANCE SETTING SPEED LIMITS BASED UPON CERTIFICATION OF THE 2017 ENGINEERING AND TRAFFIC SURVEY FOR SPEED LIMITS EFFECTIVE THROUGH OCTOBER 2031 AND THE 2024 ENGINEERING AND TRAFFIC SURVEY OF 26 LOCATIONS FOR SPEED LIMITS THROUGH OCTOBER 2038

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.

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 §§

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November 6, 2024
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.

Action Taken: The City Council introduced and waived the first reading for an Ordinance setting speed limits throughout the City.

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

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

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

Ordinance 1
st reading, entitled:

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

6. CITY COMMUNICATIONS (CITY COUNCIL)

6-A. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY PARK, CALIFORNIA, DECLARING AND RECOGNIZING NOVEMBER 2024 AS
NATIVE AMERICAN HERITAGE MONTH – REQUESTED BY COUNCIL

MEMBER SANCHEZ

This item was heard after Public Communications.

Public Speakers:

- Mona Morales Reclade, an enrolled member of the San Gabriel Band of Mission Indians Gabrielino Tongva Tribe, alongside her daughter , shared their appreciation to the city for recognizing the month of November as Native American Heritage Month, spoke of the importance of community allyship and concluded by donating a book titled “Toypurina” to the Bruggermeyer Library.

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November 6, 2024
Action Taken: The City Council adopted Resolution No. 2024-R90 declaring and recognizing November 2024 as Native American Heritage Month.

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

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

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

Resolution No. 2024-R90

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY PARK, CALIFORNIA, DECLARING AND RECOGNIZING NOVEMBER 2024 AS NATIVE

AMERICAN HERITAGE MONTH

CITY COUNCIL COMMUNICATIONS

Council Member Sanchez spoke about the Dodger’s win at the World Series , honored the life of Late Baseball player Fernando Valenzuela, showed appreciation to the Recreation and Community Service Department for their Dia De Los Muertos altar held at the Langley Center, mentioned his attendance to the Library Foundation Gala and suggested to have future park activities for dog lovers.

Council Member Lo mentioned his attendance at the Library Foundation Gala and the World Series Parade hosted by the Dodgers and expressed his gratitude towards the residents for voting in this year’s election.

Council Member Yiu spoke of her attendance to the Library Foundation G ala and talked about her recent trip to Japan in celebration of her Birthday.

Mayor Wong expressed his appreciation to the Council Members who were reelected, the incoming C ouncil Member for this year’s election, the volunteers who worked at the election centers and to The Los Angeles County Economic Development Corporation (LAEDC).

7. FUTURE AGENDA ITEMS

Council Member Sanchez requested a Resolution to wish the community of Monterey Park a Happy Thanksgiving Holiday.

Mayor Wong requested staff to get in contact with LAEDC to present the Most Business-Friendly City Award at a future meeting, and bring back for consideration Measure BE to explore potential exemptions restrictions and cap to the City Council

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November 6, 2024

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

ADJOURNMENT
There being no further business for consideration, the meeting was adjourned at 10:21 p.m.

________________
Maychelle Yee
City Clerk
Approved on MM DD, 2024, at the Regular City Council Meeting

72-XX

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

MINUTES

MONTEREY PARK CITY COUNCIL

SPECIAL COMMUNITY MEETING
NOVEMBER 19, 2024

The City Council of the City of Monterey Park held a Special Community Meeting of the Council, the State of the City Address, Mayor Thomas Wong, at City of Monterey Park City Hall Council Chambers, 320 W. Newmark Ave, Monterey Park, California 91754 on Tuesday, November 19, 2024 at 5:30 p.m.

ROLL CALL:

Deputy City Clerk Cindy Trang called the roll:

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

ALSO PRESENT: City Clerk Maychelle Yee, City Treasurer Amy Lee, City Manager Inez Alvarez, Assistant City Manager Diana Garcia, City Librarian Kristin Olivarez, Director of Public Works Shawn Igoe, Director of Recreation and Community Services Robert Aguirre, Director of Finance Martha Garcia, Community Development Dir ector Jessica Serrano, Director of Human Resources and Risk Management Christine Tomikawa, Police Chief Scott Wiese, Fire Chief Chris Thompson, Economic Development Manager Joseph Torres, Planning Manager Beth Chow, Economic Specialist Janice Huang

MEETUP WITH THE MAYOR

I. Welcome: Meeting was called to order at 5:41 p.m.

II. Most Business Friendly City Award presented by Los Angeles Economic Development Corporation (LAEDC)
Linden Johnson, LAEDC Senior Director of Business Assistance and Leonard Barrales, LAEDC Senior District Manger presented the City with an award for the Most Business Friendly City Award.

III. The public is invited to the City of Monterey Park State of the City Address with Mayor Thomas Wong. Topics will include Monterey Park’s major accomplishments, progress updates of capital projects and future goals of the City.

72-XX
November 19, 2024

Mayor Wong presented a PowerPoint presentation on the City Council 2024 Strategic Plan and presented an overview of city departments’ accomplishments. He highlighted the new businesses and development projects in the city and concluded with looking ahead to the 2025 vision.

IV. Adjournment at 6:22 p.m.

__________________________
Maychelle Yee
City Clerk

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

TO: The Honorable Mayor and City Council
FROM: Amy Lee, City Treasurer
SUBJECT: Monthly Investment Report – November 2024
RECOMMENDATION:

It is recommended that the City Council consider:

1. Receiving and filing the monthly investment report; and

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

EXECUTIVE SUMMARY:

As of November 30 , 202 4, invested funds for the City of Monterey Park total $90,814,001.24.

BACKGROUND:

In accordance with the City’s Investment Policy, a monthly investment report is presented to the City Council showing the types of investments, dates and maturities, amounts of deposits, rates of interest, and the current market values for securities with maturity more than 12 months. The attached monthly investment report includes a portfolio summary from Chandler Asset Management.

Respectfully submitted by: Prepared by:

Amy Lee
City Treasurer
Martha Garcia
Finance Director
Approved by:

Inez Alvarez
City Manager
ATTACHMENT:

1. Monthly Investment Report
Consent Calendar - 3B

Staff Report
December 18, 2024

ATTACHMENT 1
Monthly Investment Report

INVESTMENTS PORTFOLIO PROFILE:

TOTAL BALANCE AT 11/30/2024 90,814,001.24$

INVESTMENT COMPOSITION
(1) LA COUNTY POOLED INVESTMENT FUND ON DEMAND 3.78% 25,922,021.77$ (2) LOCAL AGENCY INVESTMENT FUND ON DEMAND 4.477% 31,677,259.06$ (3) CHANDLER ASSET MANAGEMENT 4.87% 25,620,720.41$
Purchase Maturity Interest
(4) CERTIFICATES OF DEPOSIT Date Date Rate
1 MEDALLION BANK UTAH 01/28/22 01/28/25 1.25% 245,000
2 PENTAGON FEDERAL UNION 01/31/22 01/31/25 1.25% 245,000 3 BEAL BANK 02/02/22 01/29/25 1.15% 245,000
4 VALLIANCE BANK 03/18/22 03/18/25 1.40% 245,000
5 STATE BANK OF TEXAS 03/25/22 03/25/25 1.45% 245,000
6 FIRST FED SAVINGS & LOAN 03/30/22 03/31/25 2.00% 245,000 7 LAFAYETTE FEDERAL CREDIT UNION 03/30/22 03/31/25 2.20% 245,000 8 COMENITY CAPITAL BANK 04/14/22 04/14/25 2.55% 245,000 9 AMERICU CREDIT UNION 04/21/22 04/21/25 2.30% 245,000
10 BALBOA THRIFT & LOAN 04/29/22 04/29/25 2.00% 245,000 11 AUSTIN TELCO FEDERAL CREDIT UNION 12/16/22 12/16/24 5.00% 245,000 12 RAIZ CREDIT UNION 01/25/23 01/27/25 4.75% 245,000
13 GREENWOOD MUNICIPAL FED CREDIT UNION01/27/23 01/27/25 4.80% 245,000 14 WORKERS 01/27/23 01/27/25 4.70% 245,000
15 ALPINE BANK 01/31/23 01/31/25 4.55% 245,000
16 SOUTHEAST BANK 02/06/23 02/06/25 4.55% 245,000
17 RED CROWN FCU 02/22/23 02/21/25 4.85% 245,000
18 TECHNOLOGY FCU 02/24/23 02/24/25 5.00% 245,000
19 UFIRST FEDERAL CREDIT UNION 02/24/23 08/25/25 4.85% 245,000 20 SEA COMM FEDERAL CREDIT UNION 03/02/23 03/03/25 4.90% 245,000 21 WESTERN ALLIANCE BANK 05/05/23 05/05/25 4.85% 245,000 22 GLOBAL CREDIT UNION 05/12/23 05/12/25 4.85% 245,000
23 BANK OF AMERICA 07/24/24 07/24/25 4.85% 245,000
24 FLASTAR BANK NA 07/25/24 01/26/26 4.85% 245,000
25 CONNEX CU 08/06/24 08/06/25 4.95% 245,000
26 TRUSTONE FINANCIAL FCU 08/15/24 08/15/25 4.45% 245,000 27 PREFERRED BANK 09/03/24 09/03/25 4.41% 100,000
28 PREFERRED BANK 09/08/24 09/08/25 4.41% 150,000
29 FINANCIAL PARTNERS CREDIT UNION 09/13/24 09/12/25 4.35% 245,000 30 BARCLAYS BANK 09/18/24 09/18/25 4.30% 239,000
31 ROCKLAND FEDERAL CREDIT UNION 09/25/24 09/25/25 4.50% 245,000 32 KEYPOINT CREDIT UNION 10/30/24 10/30/25 4.35% 245,000 Total CDs (32) 3.769% 7,594,000.00$
OTHER INFORMATION:

BANK BALANCE: (1)
$9,208,035.41
AVERAGE MATURITY DAYS 237
AVERAGE INTEREST RATE FOR THE MONTH 4.322%

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

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

CITY OF MONTEREY PARK

INVESTMENT REPORT
NOVEMBER 30, 2024

City of Monterey Park | Account #11189 | As of November 30, 2024 Chandler Asset Management | [email protected] | www.chandlerasset.com | 800.317.4747

PORTFOLIO SUMMARY
Portfolio Characteristics
Sector Allocation
Performance Review
Account Summary
Maturity Distribution
Top Issuers
Credit Quality
Total Rate of Return 1M 3M YTD 1YR 2YRS 3YRS 5YRS 10YRS (03/12/24) City of Monterey Park
AA
Beg. Values as of
11/01/2024
End Values as of
11/30/2024
Total Market Value 25,899,481.98 26,002,860.23
Par

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

TO: The Honorable Mayor and City Council
FROM: Jessica Serrano, Director of Community Development SUBJECT: Waive further reading and adopt Zone Change (ZA -24-03), an Ordinance amending the zoning map for certain properties for consistency with the General Plan, Land Use and Urban Design Element.

RECOMMENDATION:

It is recommended that the City Council consider:

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

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

EXECUTIVE SUMMARY:

The Ordinance was introduced and received first reading at the December 4, 2024 City Council meeting. The original staff report (from December 4, 202 4) is attached for reference. Second reading and adoption of th is Ordinance is recommended. If adopted, the ordinance will take effect in 30 days.

As a note, a change was made to correct a typographical error on the Ordinance, Exhibit A, Page 1 for Assessor’s Parcel Number 5254 -019-105. This property was listed as having existing zoning of Commercial Services (C -S), however the property is currently zoned Single Family Residential (R -1). The property will be re -designated to the Office Professional (O -P) zone, as indicated. The table been corrected to reflect the correct existing zoning designation.

Respectfully submitted by: Prepared by:

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

Staff Report

December 18, 2024
Approved by: Reviewed by:

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

1. Ordinance - Zone Change (ZA-24-03) - Amending the zoning map for certain properties for consistency with the General Plan, Land Use and Urban Design Element.

2. City Council Staff Report, dated December 4, 2024 (without attachments)

Staff Report
December 18, 2024
ATTACHMENT 1
Ordinance – Zone Change (ZA-24-03) –
Amending the zoning map for certain properties
for consistency with the General Plan, Land Use
and Urban Design Element

ORDINANCE NO. _

AN ORDINANCE AMENDING THE ZONING MAP (ZC- 24-03) TO

CHANGE THE ZONING FOR CERTAIN PROPERTIES FOR

CONSISTENCY WITH THE GENERAL PLAN, LAND USE AND URBAN

DESIGN ELEMENT

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

SECTION 1: The City Council finds and declares that:

A. On November 3, 2020, the City’s voters initiated changes to the zoning designations for properties throughout the City for consistency between the General Plan and Zoning Map when they adopted the Land Use and Urban Design Element of the General Plan (“LUE”);

B. This Ordinance changes the zoning designation for several properties to conform to the adopted LUE;

C. This Ordinance was reviewed by the City Planner for, in part, consistency with the G eneral Plan, and conformity with the Monterey Park Municipal Code (“MPMC”);

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

E. The City Planner completed its review and scheduled a public hearing regarding this Ordinance before the City Council for December 4, 2024;

F. Notice of the Public Hearing before the City Council was duly given and published in the time, form, and manner as required by law;

G. On December 4, 2024, the City Council held a public hearing to receive public testimony and other evidence regarding the proposed re-zoning including, without limitation, information provided to the City Council by the City Planner and public testimony; and

H. The findings in this Ordinance are made based on the entire administrative record including testimony and evidence presented the City Council at its December 4, 2024, public hearing including, without limitation, the staff report submitted by the City Planner.

SECTION 2: F
actual Findings and Conclusions. The City Council finds as follows:

ORDINANCE NO.

PAGE 2 OF 13

A. Resolution No.12213, adopted on December 2, 2020, certified the results of the voter approved proposition to revise the Monterey Park 2040 Land Use Element (Measure JJ).

B. Ordinance No. 2198 adopted on December 2, 2020 approved Measure JJ, which was approved by a vote of the people on November 3, 2020 to revise the Monterey Park 2040 LUE.

C. Figure LU-3: Land Use Policy Map was adopted as part of the LUE by the City Council on June 17, 2020 and a vote of the people on November 3, 2020.

SECTION 3: Environmental Assessment . The City Council reviewed the environmental impacts of this proposed Ordinance pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq., the “CEQA Guidelines”). CEQA Guidelines § 15168 provides that a Program EIR may be prepared to consider the environmental impacts of a series of actions that can be characterized as one large project that are related as logical parts in a chain of contemplated actions. The City Council finds as follows:

A. On December 5, 2019, the City Council adopted Resolution No. 12126 approving a Focused General Plan update to the City’s LUE and Final Environmental Impact Report (“FEIR”) (SCH No. 2001-01-1074).

B. The FEIR is a Program EIR that evaluated the environmental impacts resulting from the LUE implementation which is attached as Exhibit B and incorporated by reference.

C. Changing the zoning designation for those properties identified in this Ordinance is an activity contemplated by the LUE and analyzed under the FEIR.

D. This Ordinance does not contemplate any changes which will require major revisions to the FEIR nor are there any substantial changes with respect to the circumstances under which the FEIR was undertaken.

E. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the FEIR was certified showing: (1) the zone change will have one or more significant effects not discussed in the FEIR; (2) significant effects previously examined will be substantially more severe than shown in the FEIR; (3) mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project; or (4) mitigation measures or alternatives which are considerably different from those analyzed in the FEIR would substantially reduce one or more significant effects on the environment.

SECTION 4: Z
one Change Findings. Pursuant to MPMC §§ 21.38.050 and 21.42.010,

ORDINANCE NO.

PAGE 3 OF 13

the City Council finds as follows:

A. The zone change is consistent with the goals, policies and objectives of the General Plan and will create consistency between the LUE designations and zone designations on the Zoning Map. The zone change affects areas that have a voter approved Land Use designation that implements the LU E (Measure JJ) . The correlations between the proposed zone changes and General Plan Land Use designations exist as follows:

(1) The Monterey Park LUE identifies Innovation/Technology designation as an area for primary uses related to research and development, light manufacturing, service commercials, professional offices, entertainment, and breweries/wineries/distilleries. The LUE also identifies retail and service commercial uses as support services within the Innovation/Technology designation.

(2) LUE Policy 24.1 seeks to ensure that zoning regulations applicable to the Monterey Pass Road corridor permit the range of uses necessary to achieve land use goals and prohibit uses that conflict with those goals.

(3) The O -P – Office Professional zone provides for the development of integrated professional, office and limited retail areas that exhibit a diversity of business activity.

(4) The LUE Land Use Plan identifies the Commercial designation as an area for primary uses related to a broad range of retail and service commercial uses, hospitality, entertainment, medical, and professional office. The LUE also identity uses such as schools, public assembly uses, public utilities, community care facilities and similar within the Commercial designation.

(5) LUE Policy 11.1 seeks to ensure that new commercial developments address privacy issues relative to any abutting residential neighborhoods, to ensure adequate transition and compatibility between commercial and residential uses.

(6) The C-P – Commercial-Professional zone provides for the development of commercial areas that promote retail and provide transition areas between the City and neighboring communities.

(7) The C -S – Commercial Services zone provides for the development of commercial areas that promote retail and provide transition areas between the City and neighboring communities.

(8) The LUE Land Use Plan identifies the Open Space designation as an area for parks and City -Owned recreational facilities, community gardens, golf course, and resource conservation areas. The LUE also identity public utility

ORDINANCE NO.

PAGE 4 OF 13

facilities and historic landfills as uses within the Open Space designation.

(9) The O-S – Open Space zone provides for the establishment and provision of permanent outdoor recreational and open space resources, and to prevent inappropriate development of areas which should be regulated to provide for recreational, conservation, aesthetic, historic, cultural, scenic or public health and safety uses.

(10) The LUE Land Use Plan identifies the Medium Density designation as an area for primary uses that include attached or detached residential units, with private common open space, at densities ranging from 8.1 – 16.0 units per acre.

(11) The R -2 – Medium Density Resid ential zone provides medium density residential housing either attached or detached multiple- family units at a density of 16 units per acre.

(12) The Monterey Park Land Use and Urban Design Element identifies High Density designation as an area for primary uses that include attached or detached residential units, with private common open space, at densities ranging from 16.1 to 30 units per acre.

(13) The R-3 – High Density Residential zone provides high density residential housing either attached or detached multiple-family units at a density of 30 units per acre.

B. The zone change will not adversely affect surrounding properties. This Ordinance is an administrative action that does not contemplate any development or otherwise impact any property other than the specific properties being rezoned, which will bring consistency to and is part of the City’s broader land use efforts as reflected in the adopted LUE.

C. The proposed zone change promotes public health, safety, and general welfare and serves the goals and purposes of the MPMC’s zoning regulations since it will harmonize the General Plan LUE designations and the MPMC . Additionally, this activity is consistent with the various goals an policies of the LUE as identified in this Ordinance.

SECTION 5: Notice of Determination. The Director of Community Development, or designee, is directed to file a Notice of Determination in accordance with CEQA §§ 15094, and any other applicable law.

SECTION 6: A
pproval. Based on the evidence and staff report received at the public hearing, the City Council, approves the zone changes as set forth in the attached Exhibit A and Exhibit B, which are incorporated by reference.

ORDINANCE NO.

PAGE 5 OF 13

SECTION 7: Summaries of Information. All summaries of information in the findings, which precede this section, are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.

SECTION 8: C
onstruction. This Ordinance must be broadly construed to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.

SECTION 9: Enf
orceability. Repeal of any provision of the Monterey Park Municipal Code does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.

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

SECTION 11: Val
idity of Previous Code Sections . If this entire Ordinance or its Application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the MPMC or other city ordinance by this Ordinance will be rendered void and cause such previous MPMC provision or other the city ordinance to remain in full force and effect for all purposes.

SECTION 12: Lim
itations. 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 limitati ons 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 ability to solve what are in effect regional, state, and national problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework.

SECTION 13
: 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 14
: Electronic Signatures. This Ordinance may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will

ORDINANCE NO.

PAGE 6 OF 13
be treated in all respects as having the same effect as an original signature.

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

SE
CTION 16: Ef fective Date. This Ordinance becomes effective on the 30th day after second reading and adoption.

PASSED AND ADOPTED this 4th day of December, 2024.
____________________________
Vinh T. Ngo, Mayor
ATTEST:
______
__________________________
Maychelle Yee, City Clerk
APPR
OVED AS TO FORM:

Karl H. Berger, City Attorney
By:_____
___________________________
Justin A. Tamayo, Assistant City Attorney
Ex
hibit A— Rezoned Properties
Exhibit B—Existing and Proposed Zoning Maps
Exhibit C—FEIR (SCH No. 2001-01-1074)

ORDINANCE NO.

PAGE 7 OF 13

EXHIBIT A

REZONED PROPERTIES

Assessor’s
Parcel
Number(s)
Address Existing General
Plan Land Use
Existing
Zoning
Designation
Proposed
Zoning
Designation
5255-004-008 121 W Emerson Ave. Commercial R-3 C-P
5255-004-039 428 Baltimore Ave. Commercial R-3 C-P
5255-004-053 NA Commercial R-3 C-P

Assessor’s
Parcel
Number(s)
Address Existing General
Plan Land Use
Existing Zoning
Designation
Proposed
Zoning
Designation
5237-023-014 2901 W Floral Dr. Commercial O-P C-S

Assessor’s
Parcel
Number(s)
Address
Existing
General Plan
Land Use
Existing Zoning
Designation
Proposed
Zoning
Designation
5276-022-012 1975 Potrero Grande Dr. Commercial R-1 C-S

Assessor’s
Parcel Number(s) Address
Existing
General Plan
Land Use
Existing
Zoning
Designation
Proposed Zoning
Designation
5252-004-066 1600 Monterey Pass Rd. Innovation/
Technology C-S O-P
5252-004-067 NA Innovation/
Technology C-S O-P
5252-004-068 1560 Monterey Pass Rd. Innovation/
Technology C-S O-P
5252-004-069 1500 Monterey Pass Rd Innovation/
Technology C-S O-P
5252-004-070 1470 Monterey Pass Rd Innovation/
Technology C-S O-P
5254-019-105 NA Innovation/
Technology C-S R-1 O-P

Assessor’s
Parcel Number(s) Address
Existing
General Plan
Land Use
Existing Zoning
Designation
Proposed Zoning
Designation
5293-021-800
NA

Open Space O-P O-S
5293-021-801 Open Space O-P O-S
5293-020-900 Open Space O-P O-S
5293-001-903 Open Space O-P O-S
5293-001-904 Open Space O-P O-S
5293-022-001
5293-022-002

900 Potrero Grande Dr.

Open Space O-P O-S
Open Space O-P O-S

ORDINANCE NO.

PAGE 8 OF 13

Assessor’s
Parcel Number(s) Address
Existing
General Plan
Land Use
Existing Zoning
Designation
Proposed Zoning
Designation
5293-022-003
5293-022-004
5293-022-005
5293-022-006

900 Potrero Grande Dr.

Open Space O-P O-S
Open Space O-P O-S
Open Space O-P O-S
Open Space O-P O-S

Assessor’s Parcel
Number(s) Address Existing General
Plan Land Use
Existing
Zoning
Designation
Proposed Zoning
Designation
5257-010-008 232 S McPherrin Ave. Medium Density
Residential R-3 R-2
5257-010-009 337 W Newmark Ave. Medium Density
Residential R-3 R-2
5257-010-010 333 W Newmark Ave. Medium Density
Residential R-3 R-2
5257-010-013 321 W Newmark Ave. Medium Density
Residential R-3 R-2
5257-010-014 317 W Newmark Ave. Medium Density
Residential R-3 R-2
5257-010-015 311 W Newmark Ave. Medium Density
Residential R-3 R-2
5257-010-017 233 S Ramona Ave. Medium Density
Residential R-3 R-2
5257-010-019 221 S Ramona Ave. Medium Density
Residential R-3 R-2
5257-010-029
5257-010-030
5257-010-031
5257-010-032
5257-010-033
224 S McPherrin Ave.,
Units 1-5
Medium Density
Residential R-3 R-2
5257-010-034
5257-010-035
5257-010-036
5257-010-037
5257-010-038
226 S McPherrin Ave.,
Units 1-5
Medium Density
Residential R-3 R-2
5257-010-039
5257-010-040
5257-010-041
5257-010-042
5257-010-043
230 S. McPherrin Ave.,
Units 1-5
Medium Density
Residential R-3 R-2
5257-010-044
5257-010-045
5257-010-046
5257-010-047
5257-010-048
228 S. McPherrin Ave.,
Units 1-5
Medium Density
Residential R-3 R-2
5257-010-901 325 W Newmark Ave. Medium Density
Residential R-3 R-2

ORDINANCE NO.

PAGE 9 OF 13

Assessor’s Parcel
Number(s) Address Existing General
Plan Land Use
Existing
Zoning
Designation
Proposed Zoning
Designation
5257-010-079
5257-010-080
5257-010-081
5257-010-082
5257-010-083
5257-010-084
5257-010-085
5257-010-086
5257-010-087
227 S. Ramona Ave.,
Units A-I
Medium Density
Residential R-3 R-2
5257-010-902 239 S Ramona Ave. Medium Density
Residential R-3 R-2
5257-010-903 329 W Newmark Ave. Medium Density
Residential R-3 R-2
5257-013-013 224 S Ramona Ave. Medium Density
Residential R-3 R-2
5257-013-016 211 W Newmark Ave. Medium Density
Residential R-3 R-2
5257-013-017 207 W Newmark Ave. Medium Density
Residential R-3 R-2
5257-013-018 210 W Newmark Ave. Medium Density
Residential R-3 R-2
5257-013-022 121 W Newmark Ave. Medium Density
Residential R-3 R-2
5257-013-023
125 W Newmark Ave. Medium Density
Residential R-3 R-2
5257-013-024 129 W Newmark Ave. Medium Density
Residential R-3 R-2
5257-013-046
5257-013-047
5257-013-048
5257-013-049
230 S Ramona Ave.,
Units A-D
Medium Density
Residential R-3 R-2
5257-013-050
5257-013-051
5257-013-052
5257-013-053
5257-013-054
5257-013-055
232 S Ramona Ave.,
Units A-F
Medium Density
Residential R-3 R-2
5257-013-058
5257-013-059
133 W Newmark Ave.

Units A-B
Medium Density
Residential R-3 R-2
5257-013-060
5257-013-061
135 W. Newmark Ave.

Units A-B
Medium Density
Residential R-3 R-2
5257-013-065 236 S. Ramona Ave. Medium Density
Residential R-3 R-2
5258-016-048
5258-016-047
5258-016-046
531 N. New Ave., Units
A-D
Medium Density
Residential R-3 R-2

ORDINANCE NO.

PAGE 10 OF 13

Assessor’s Parcel
Number(s) Address Existing General
Plan Land Use
Existing
Zoning
Designation
Proposed Zoning
Designation
5258-016-045

Assessor’s
Parcel Number(s) Address Existing General
Plan Land Use
Existing Zoning
Designation
Proposed Zoning
Designation
5261-015-042 810 W Mabel Ave. Medium Density
Residential R-S R-2

Assessor’s
Parcel Number(s) Address Existing General
Plan Land Use
Existing Zoning
Designation
Proposed Zoning
Designation
5257-016-020 134 E. Newmark Ave. Medium Density
Residential C-B R-2
5257-016-021 130 E. Newmark Ave. Medium Density
Residential C-B R-2
5257-016-022 311 S. Lincoln Ave. Medium Density
Residential C-B R-2
5257-016-023 126 E. Newmark Ave. Medium Density
Residential C-B R-2
5257-016-024 120 E. Newmark Ave. Medium Density
Residential C-B R-2
5257-016-025 315 S. Lincoln Ave. Medium Density
Residential C-B R-2
5257-016-026 118 E. Newmark Ave. Medium Density
Residential C-B R-2

Assessor’s
Parcel
Number(s)
Address Existing General
Plan Land Use
Existing Zoning
Designation
Proposed Zoning
Designation
5257-005-020 124 S Moore Ave. High Density
Residential C-B R-3
5257-005-021 128 S Moore Ave. High Density
Residential C-B R-3
5255-017-005 125 N Nicholson Ave. High Density
Residential C-B R-3
5255-017-006 121 N Nicholson Ave. High Density
Residential C-B R-3
5255-017-018 122 N Lincoln Ave. High Density
Residential C-B R-3
5255-017-048 200 N Lincoln Ave. High Density
Residential C-B R-3
5255-017-050
5255-017-051
5255-017-052
5255-017-053
111 N Nicholson Ave.,
Units A-D
High Density
Residential C-B R-3
5255-017-054
5255-017-055
5255-017-056
113 N Nicholson Ave.,
Units A- E
High Density
Residential C-B R-3

ORDINANCE NO.

PAGE 11 OF 13

Assessor’s
Parcel
Number(s)
Address Existing General
Plan Land Use
Existing Zoning
Designation
Proposed Zoning
Designation
5255-017-057
5255-017-058
5255-017-086 199 N Nicholson Ave. High Density
Residential C-B R-3
5255-017-087 189 N Nicholson Ave. High Density
Residential C-B R-3
5255-017-059
5255-017-060
5255-017-061
5255-017-062
5255-017-063
107 N Nicholson Ave.,
Units A-E
High Density
Residential C-B R-3
5255-017-064
5255-017-065
5255-017-066
5255-017-067
5255-017-068
109 N Nicholson Ave.,
Units A-E
High Density
Residential C-B R-3
5255-017-088 201 N Nicholson Ave. High Density
Residential C-B R-3
5255-017-089 191 N Nicholson Ave. High Density
Residential C-B R-3
5255-017-090 203 N Nicholson Ave. High Density
Residential C-B R-3
5255-017-091 193 N Nicholson Ave. High Density
Residential C-B R-3
5255-017-092 205 N Nicholson Ave. High Density
Residential C-B R-3
5255-017-093 195 N Nicholson Ave. High Density
Residential C-B R-3
5255-017-094 207 N Nicholson Ave. High Density
Residential C-B R-3
5255-017-095 197 N Nicholson Ave. High Density
Residential C-B R-3
5255-017-097 126 N Lincoln Ave. High Density
Residential C-B R-3
5255-017-098 128 N Lincoln Ave. High Density
Residential C-B R-3
5255-017-099 130 N Lincoln Ave. High Density
Residential C-B R-3
5255-017-100 132 N Lincoln Ave. High Density
Residential C-B R-3
5255-018-018 122 N Nicholson Ave. High Density
Residential C-B R-3
5255-018-019 112 N Nicholson Ave. High Density
Residential C-B R-3
5255-018-023
5255-018-024
5255-018-025
123 N Alhambra Ave.,
Units A-E
High Density
Residential C-B R-3

ORDINANCE NO.

PAGE 12 OF 13

Assessor’s
Parcel
Number(s)
Address Existing General
Plan Land Use
Existing Zoning
Designation
Proposed Zoning
Designation
5255-018-026
5255-018-027
5255-018-028
5255-018-029
5255-018-030
5255-018-031
125 N Alhambra Ave.,
Units A-D
High Density
Residential C-B R-3
5255-018-046
5255-018-047
5255-018-048
5255-018-049
117 N Alhambra Ave.,
Units A-D
High Density
Residential C-B R-3
5255-018-050
5255-018-051
5255-018-052
5255-018-053
5255-018-054
119 N Alhambra Ave.,
Units A-E
High Density
Residential C-B R-3

Assessor’s
Parcel Number(s) Address Existing General
Plan Land Use
Existing Zoning
Designation
Proposed Zoning
Designation
5258-007-032 123 N New Ave. High Density
Residential C-S R-3
5265-015-005 311 E Pomona Blvd. High Density
Residential C-S R-3
5265-015-006 315 E Pomona Blvd. High Density
Residential C-S R-3
5265-015-009 331 E Pomona Blvd. High Density
Residential C-S R-3
5265-015-010 335 E Pomona Blvd. High Density
Residential C-S R-3
5265-015-012 345 E Pomona Blvd. High Density
Residential C-S R-3
5265-015-013 351 E Pomona Blvd. High Density
Residential C-S R-3
5265-015-042 365 E Pomona Blvd. High Density
Residential C-S R-3
5265-015-044 321 E Pomona Blvd. High Density
Residential C-S R-3
5265-015-045 325 E Pomona Blvd. High Density
Residential C-S R-3
5265-015-046 341 E Pomona Blvd. High Density
Residential C-S R-3
5265-015-047 371 E Pomona Blvd. High Density
Residential C-S R-3
5265-016-013 375 E Pomona Blvd. High Density
Residential C-S R-3
5258-007-033 119 N New Ave. High Density
Residential C-S R-3

ORDINANCE NO.

PAGE 13 OF 13

Assessor’s
Parcel Number(s) Address Existing General
Plan Land Use
Existing Zoning
Designation
Proposed Zoning
Designation
5258-007-032 123 N New Ave. High Density
Residential C-S R-3
5265-015-005 311 E Pomona Blvd. High Density
Residential C-S R-3
5258-001-039 120 N Alhambra Ave. High Density
Residential C-S R-3
5258-001-040 126 N Alhambra Ave. High Density
Residential C-S R-3
5258-001-041 128 N Alhambra Ave. High Density
Residential C-S R-3

Assessor’s
Parcel Number(s) Address Existing General
Plan Land Use
Existing Zoning
Designation
Proposed Zoning
Designation
5257-017-009 518 S Garfield Ave. High Density
Residential N-S R-3
5257-017-010 522 S Garfield Ave. High Density
Residential N-S R-3
5257-017-011 526 S Garfield Ave. High Density
Residential N-S R-3
5257-017-012 530 S Garfield Ave. High Density
Residential N-S R-3
5257-017-013 532 S Garfield Ave. High Density
Residential N-S R-3
5257-017-014 550 S Garfield Ave. High Density
Residential N-S R-3
5286-010-008 540 N New Ave. High Density
Residential N-S R-3
5286-010-012 600 N New Ave. High Density
Residential N-S R-3

Assessor’s
Parcel Number(s) Address Existing General
Plan Land Use
Existing
Zoning
Designation
Proposed
Zoning
Designation
5263-001-013 547 S Garfield Ave. High Density
Residential R-1 R-3
5263-001-014 530 S Huntington Ave. High Density
Residential R-1 R-3
5263-001-015 526 S Huntington Ave. High Density
Residential R-1 R-3
5263-001-016 522 S Huntington Ave. High Density
Residential R-1 R-3
5263-001-026 519 S Ramona Ave. High Density
Residential R-1 R-3
5263-001-027 525 S Ramona Ave. High Density
Residential R-1 R-3
5263-001-028 527 S Garfield Ave. High Density
Residential R-1 R-3

ORDINANCE NO.

PAGE 14 OF 13

Assessor’s
Parcel Number(s) Address Existing General
Plan Land Use
Existing
Zoning
Designation
Proposed
Zoning
Designation
5263-001-029 529 S Garfield Ave. High Density
Residential R-1 R-3
5263-001-036 517 S Ramona Ave. High Density
Residential R-1 R-3
5263-001-037 517 S Ramona Ave. High Density
Residential R-1 R-3

Assessor’s
Parcel Number(s) Address Existing General
Plan Land Use
Existing
Zoning
Designation
Proposed
Zoning
Designation
5258-011-049 616 N Rural Dr. High Density
Residential R-2 R-3
5259-012-001 222 S Alhambra Ave. High Density
Residential R-2 R-3
5259-012-002 226 S Alhambra Ave. High Density
Residential R-2 R-3
5259-012-003 234 S Alhambra Ave. High Density
Residential R-2 R-3
5259-012-004 236 S Alhambra Ave. High Density
Residential R-2 R-3
5259-012-005 401 E Newmark Ave. High Density
Residential R-2 R-3
5259-012-006 411 E Newmark Ave. High Density
Residential R-2 R-3
5259-012-007 412 Edgley Dr. High Density
Residential R-2 R-3
5259-012-008 418 Edgley Dr. High Density
Residential R-2 R-3
5259-012-009 419 E Newmark Ave. High Density
Residential R-2 R-3
5259-012-010 423 E Newmark Ave. High Density
Residential R-2 R-3
5259-012-011 422 Edgley Dr. High Density
Residential R-2 R-3
5259-012-012 428 Edgley Dr. High Density
Residential R-2 R-3
5259-012-013 425 E Newmark Ave. High Density
Residential R-2 R-3
5259-012-014 431 E Newmark Ave. High Density
Residential R-2 R-3
5259-012-015 430 Edgley Dr. High Density
Residential R-2 R-3
5259-012-016 436 Edgley Dr. High Density
Residential R-2 R-3
5259-012-017 433 E Newmark Ave. High Density
Residential R-2 R-3

ORDINANCE NO.

PAGE 15 OF 13

Assessor’s
Parcel Number(s) Address Existing General
Plan Land Use
Existing
Zoning
Designation
Proposed
Zoning
Designation
5259-012-018 435 E Newmark Ave. High Density
Residential R-2 R-3
5259-012-019 440 Edgley Dr. High Density
Residential R-2 R-3
5259-012-020 439 E Newmark Ave. High Density
Residential R-2 R-3
5259-012-021 441 E Newmark Ave. High Density
Residential R-2 R-3
5259-012-022 442 Edgley Dr. High Density
Residential R-2 R-3
5259-012-023 444 Edgley Dr. High Density
Residential R-2 R-3
5259-012-024 443 E Newmark Ave. High Density
Residential R-2 R-3
5259-012-025 449 E Newmark Ave. High Density
Residential R-2 R-3
5259-012-026 448 Edgley Dr. High Density
Residential R-2 R-3
5259-012-027 501 E Newmark Ave. High Density
Residential R-2 R-3
5259-012-028 500 Edgley Dr. High Density
Residential R-2 R-3
5259-012-029 506 Edgley Dr. High Density
Residential R-2 R-3
5259-012-030 507 E Newmark Ave. High Density
Residential R-2 R-3
5259-012-032 508 Edgley Dr. High Density
Residential R-2 R-3
5259-012-033 510 Edgley Dr. High Density
Residential R-2 R-3
5259-012-034 512 Edgley Dr. High Density
Residential R-2 R-3
5259-012-035 518 Edgley Dr. High Density
Residential R-2 R-3
5259-012-036 523 E Newmark Ave. High Density
Residential R-2 R-3
5259-012-037 601 E Newmark Ave. High Density
Residential R-2 R-3
5259-012-038 520 Edgley Dr. High Density
Residential R-2 R-3
5259-012-045 229 S Orange Ave. High Density
Residential R-2 R-3
5259-012-046 233 S Orange Ave. High Density
Residential R-2 R-3
5259-012-047 239 S Orange Ave. High Density
Residential R-2 R-3

ORDINANCE NO.

PAGE 16 OF 13

Assessor’s
Parcel Number(s) Address Existing General
Plan Land Use
Existing
Zoning
Designation
Proposed
Zoning
Designation
5259-012-048 617 E Newmark Ave. High Density
Residential R-2 R-3
5259-012-049 283 S Orange Ave. High Density
Residential R-2 R-3
5259-012-050 517 E Newmark Ave. High Density
Residential R-2 R-3
5259-012-051 519 E Newmark Ave. High Density
Residential R-2 R-3
5259-012-052 225 S Orange Ave. High Density
Residential R-2 R-3
5259-012-054 NA High Density
Residential R-2 R-3
5259-012-060 615 E Newmark Ave. High Density
Residential R-2 R-3
5259-012-061 613 E Newmark Ave. High Density
Residential R-2 R-3
5259-012-062
5259-012-063
611 E Newmark Ave.,
Units A-B
High Density
Residential R-2 R-3
5259-012-064 609 E Newmark Ave. High Density
Residential R-2 R-3
5259-012-065
5259-012-066
607 E Newmark Ave.,
Units A-B
High Density
Residential R-2 R-3
5259-012-067
5259-012-068
605 E Newmark Ave.,
Units A-B
High Density
Residential R-2 R-3
5259-012-069 603 E Newmark Ave. High Density
Residential R-2 R-3
5259-012-071 221 S Orange Ave. High Density
Residential R-2 R-3
5259-013-030 216 S Orange Ave. High Density
Residential R-2 R-3
5259-013-031 222 S Orange Ave. High Density
Residential R-2 R-3
5259-013-032 226 S Orange Ave. High Density
Residential R-2 R-3
5259-013-033 232 S Orange Ave. High Density
Residential R-2 R-3
5259-013-034 234 S Orange Ave. High Density
Residential R-2 R-3
5259-013-035 238 S Orange Ave. High Density
Residential R-2 R-3

Assessor’s
Parcel Number(s) Address Existing General
Plan Land Use
Existing Zoning
Designation
Proposed Zoning
Designation
5354-002-007 514 Hathaway Ave. High Density
Residential R-S R-3
5354-002-010 550 Hathaway Ave. High Density
Residential R-S R-3

ORDINANCE NO.

PAGE 17 OF 13

Assessor’s
Parcel Number(s) Address Existing General
Plan Land Use
Existing Zoning
Designation
Proposed Zoning
Designation
5354-002-011 602 Hathaway Ave. High Density
Residential R-S R-3
5354-002-012 606 Hathaway Ave. High Density
Residential R-S R-3
5354-002-013 608 Hathaway Ave. High Density
Residential R-S R-3
5354-002-014 614 Hathaway Ave. High Density
Residential R-S R-3
5354-002-015 618 Hathaway Ave. High Density
Residential R-S R-3
5354-002-016 816 W Hellman Ave. High Density
Residential R-S R-3
5354-002-017 824 W Hellman Ave. High Density
Residential R-S R-3
5354-002-036 532 Hathaway Ave. High Density
Residential R-S R-3
5354-002-037 530 Hathaway Ave. High Density
Residential R-S R-3
5354-002-038 528 Hathaway Ave. High Density
Residential R-S R-3
5354-002-039 522 Hathaway Ave. High Density
Residential R-S R-3
5354-002-040 520 Hathaway Ave. High Density
Residential R-S R-3

Assessor’s
Parcel Number(s) Address Existing General
Plan Land Use
Existing Zoning
Designation
Proposed Zoning
Designation
5253-010-026 850 Brightwood St. High Density
Residential S-C R-3
5253-010-027 860 Brightwood St. High Density
Residential S-C R-3
5253-010-028 890 Brightwood St. High Density
Residential S-C R-3

Assessor’s Parcel
Number(s) Address
5354-002-007 514 Hathaway Ave.
5354-002-010 550 Hathaway Ave.
5354-002-011 602 Hathaway Ave.
5354-002-012 606 Hathaway Ave.
5354-002-013 608 Hathaway Ave.
5354-002-014 614 Hathaway Ave.
5354-002-015 618 Hathaway Ave.
5354-002-016 816 W Hellman Ave.
5354-002-017 824 W Hellman Ave.
5354-002-036 532 Hathaway Ave.
5354-002-037 530 Hathaway Ave.
5354-002-038 528 Hathaway Ave.
5354-002-039 522 Hathaway Ave.
5354-002-040 520 Hathaway Ave.

Proposed Zone Changes

EXHIBIT B
Existing and Proposed Zoning Maps
Map Exhibit

Assessor’s Parcel
Number(s) Address
5237-023-014 2901 W Floral Dr.

FWY 710 On- Ramp
FWY 710 On- Ramp
Proposed Zone Changes

EXHIBIT B
Existing and Proposed Zoning Maps
Map Exhibit

Assessor’s Parcel
Number(s) Address
5276-022-012 1975 Potrero Grande Dr.

Proposed Zone Changes

EXHIBIT B
Existing and Proposed Zoning Maps
Map Exhibit

Assessor’s Parcel
Number(s) Address
5252-004-066 1600 Monterey Pass Rd.
5252-004-067 NA
5252-004-068 1560 Monterey Pass Rd.
5252-004-069 1500 Monterey Pass Rd.
5252-004-070 1470 Monterey Pass Rd.

Proposed Zone Changes

EXHIBIT B
Existing and Proposed Zoning Maps
Map Exhibit

Assessor’s Parcel
Number(s) Address
5293-001-020
NA
5293-001-903
5293-001-904
5293-001-020
5293-020-900
5293-021-800
5293-021-801
5293-022-001
900 Potrero Grande Dr.
5293-022-002
5293-022-003
5293-022-004
5293-022-005
5293-022-006
Proposed Zone Changes

EXHIBIT B
Existing and Proposed Zoning Maps
Map Exhibit

Assessor’s Parcel
Number(s) Address
5257-010-008 232 S McPherrin Ave.
5257-010-009 337 W Newmark Ave.
5257-010-010 333 W Newmark Ave.
5257-010-013 321 W Newmark Ave.
5257-010-014 317 W Newmark Ave.
5257-010-015 311 W Newmark Ave.
5257-010-017 233 S Ramona Ave.
5257-010-019 221 S Ramona Ave.
5257-010-029
224 S McPherrin Ave.,
Units 1-5
5257-010-030
5257-010-031
5257-010-032
5257-010-033
5257-010-034
226 S McPherrin Ave.,
Units 1-5
5257-010-035
5257-010-036
5257-010-037
5257-010-038
5257-010-039
230 S McPherrin Ave.,
Units 1-5
5257-010-040
5257-010-041
5257-010-042
5257-010-043
5257-010-044
228 S McPherrin Ave.,
Units 1-5
5257-010-045
5257-010-046
5257-010-047
5257-010-048
5257-013-065 236 S. Ramona Ave.
5257-013-058 133 W Newmark Ave.

Units A-B 5257-013-059
Continued on next page.

Proposed Zone Changes

EXHIBIT B
Existing and Proposed Zoning Maps
Map Exhibit

Continued from previous page.

Assessor’s Parcel
Number(s) Address
5257-010-079
227 S Ramona Ave.,
Units A-I
5257-010-080
5257-010-081
5257-010-082
5257-010-083
5257-010-084
5257-010-085
5257-010-086
5257-010-087
5257-010-901 325 W Newmark Ave.
5257-010-902 239 S Ramona Ave.
5257-010-903 329 W Newmark Ave.
5257-013-013 224 S Ramona Ave.
5257-013-016 211 W Newmark Ave.
5257-013-017 207 W Newmark Ave.
5257-013-018 121 W Newmark Ave.
5257-013-022 125 W Newmark Ave.
5257-013-023 129 W Newmark Ave.
5257-013-024 129 W Newmark Ave.
5257-013-046
230 S Ramona Ave.,
Units A-D
5257-013-047
5257-013-048
5257-013-049
5257-013-050
232 S Ramona Ave.,
Units A-F
5257-013-051
5257-013-052
5257-013-053
5257-013-054
5257-013-055
5257-013-060 135 W Newmark Ave.

Units A-B 5257-013-061
Proposed Zone Changes

EXHIBIT B
Existing and Proposed Zoning Maps
Map Exhibit

Assessor’s Parcel
Number(s) Address
5255-017-005 125 N Nicholson Ave.
5255-017-006 121 N Nicholson Ave.
5255-017-018 122 N Lincoln Ave.
5255-017-048 200 N Lincoln Ave.
5255-017-050
111 N Nicholson Ave.

Units A-D
5255-017-051
5255-017-052
5255-017-053
5255-017-054
113 N Nicholson Ave.

Units A-E
5255-017-055
5255-017-056
5255-017-057
5255-017-058
5255-017-059
107 N Nicholson Ave.

Units A-E
5255-017-060
5255-017-061
5255-017-062
5255-017-063
5255-017-064
109 N Nicholson Ave.

Units A-E
5255-017-065
5255-017-066
5255-017-067
5255-017-068
5255-017-086 199 N Nicholson Ave.
5255-017-087 189 N Nicholson Ave.
5255-017-088 201 N Nicholson Ave.
5255-017-089 191 N Nicholson Ave.
5255-017-090 203 N Nicholson Ave.
5255-017-091 193 N Nicholson Ave.
5255-017-092 205 N Nicholson Ave.

Continued on next page.

Proposed Zone Changes

EXHIBIT B
Existing and Proposed Zoning Maps
Map Exhibit

Continued from previous page.

Assessor’s Parcel
Number(s) Address
5255-017-093 195 N Nicholson Ave.
5255-017-094 207 N Nicholson Ave.
5255-017-095 197 N Nicholson Ave.
5255-017-097 126 N Lincoln Ave.
5255-017-098 128 N Lincoln Ave.
5255-017-099 130 N Lincoln Ave.
5255-017-100 132 N Lincoln Ave.
5255-018-018 122 N Nicholson Ave.
5255-018-019 112 N Nicholson Ave.
5255-018-023
123 N Alhambra Ave.,
Units A-E
5255-018-024
5255-018-025
5255-018-026
5255-018-027
5255-018-028
125 N Alhambra Ave.,
Units A-D
5255-018-029
5255-018-030
5255-018-031
5255-018-046
117 N Alhambra Ave.,
Units A-D
5255-018-047
5255-018-048
5255-018-049
5255-018-050
119 N Alhambra Ave.,
Units A-E
5255-018-051
5255-018-052
5255-018-053
5255-018-054
5258-001-039 120 N Alhambra Ave.
5258-001-040 126 N Alhambra
Ave.
5258-001-041 128 N Alhambra Ave.

Proposed Zone Changes

EXHIBIT B
Existing and Proposed Zoning Maps
Map Exhibit

Assessor’s Parcel
Number(s) Address
5265-015-005 311 E Pomona Blvd.
5265-015-006 315 E Pomona Blvd.
5265-015-009 331 E Pomona Blvd.
5265-015-010 335 E Pomona Blvd.
5265-015-012 345 E Pomona Blvd.
5265-015-013 351 E Pomona Blvd.
5265-015-042 365 E Pomona Blvd.
5265-015-044 321 E Pomona Blvd.
5265-015-045 325 E Pomona Blvd.
5265-015-046 341 E Pomona Blvd.
5265-015-047 371 E Pomona Blvd.
5265-016-013 375 E Pomona Blvd.

Proposed Zone Changes

EXHIBIT B
Existing and Proposed Zoning Maps
Map Exhibit

Assessor’s Parcel
Number(s) Address
5258-007-032 123 N New Ave.
5258-007-033 119 N New Ave.

Proposed Zone Changes

EXHIBIT B
Existing and Proposed Zoning Maps
Map Exhibit

Assessor’s Parcel
Number(s) Address
5258-001-039 120 N Alhambra Ave
5258-001-040 126 N Alhambra Ave.
5258-001-041 128 N Alhambra Ave.

Proposed Zone Changes

EXHIBIT B
Existing and Proposed Zoning Maps
Map Exhibit

Assessor’s Parcel
Number(s) Address
5253-010-026 850 Brightwood St.
5253-010-027 860 Brightwood St.
5253-010-028 890 Brightwood St.

Proposed Zone Changes

EXHIBIT B
Existing and Proposed Zoning Maps
Map Exhibit

Assessor’s Parcel
Number(s) Address
5259-012-001 222 S Alhambra Ave.
5259-012-002 226 S Alhambra Ave.
5259-012-003 234 S Alhambra Ave.
5259-012-004 236 S Alhambra Ave.
5259-012-005 401 E Newmark Ave.
5259-012-006 411 E Newmark Ave.
5259-012-007 412 Edgley Dr.
5259-012-008 418 Edgley Dr.
5259-012-009 419 E Newmark Ave.
5259-012-010 423 E Newmark Ave.
5259-012-011 422 Edgley Dr.
5259-012-012 428 Edgley Dr.
5259-012-013 425 E Newmark Ave.
5259-012-014 431 E Newmark Ave.
5259-012-015 430 Edgley Dr.
5259-012-016 436 Edgley Dr.
5259-012-017 433 E Newmark Ave.
5259-012-018 435 E Newmark Ave.
5259-012-019 440 Edgley Dr.
5259-012-020 439 E Newmark Ave.
5259-012-021 441 E Newmark Ave.
5259-012-022 442 Edgley Dr.
5259-012-023 444 Edgley Dr.
5259-012-024 443 E Newmark Ave.
5259-012-025 449 E Newmark Ave.
5259-012-026 448 Edgley Dr.
5259-012-027 501 E Newmark Ave.
5259-012-028 500 Edgley Dr.
5259-012-029 506 Edgley Dr.
5259-012-030 507 E Newmark Ave.
5259-012-032 508 Edgley Dr.
5259-012-033 510 Edgley Dr.

Continued on next page.

Proposed Zone Changes

EXHIBIT B
Existing and Proposed Zoning Maps
Map Exhibit

Continued from previous page.

Assessor’s Parcel
Number(s) Address
5259-012-034 512 Edgley Dr.
5259-012-035 518 Edgley Dr.
5259-012-036 523 E Newmark Ave.
5259-012-037 601 E Newmark Ave.
5259-012-038 520 Edgley Dr.
5259-012-045 229 S Orange Ave.
5259-012-046 233 S Orange Ave.
5259-012-047 239 S Orange Ave.
5259-012-048 617 E Newmark Ave.
5259-012-049 283 S Orange Ave.
5259-012-050 517 E Newmark Ave.
5259-012-051 519 E Newmark Ave.
5259-012-052 225 S Orange Ave.
5259-012-054 NA
5259-012-060 615 E Newmark Ave
5259-012-061 613 E Newmark Ave.
5259-012-062 611 E Newmark Ave.

Units A-B 5259-012-063
5259-012-064 609 E Newmark Ave.
5259-012-065 607 E Newmark Ave.

Units A-B 5259-012-066
5259-012-067 605 E Newmark Ave.

Units A-B 5259-012-068
5259-012-069 603 E Newmark Ave.
5259-012-071 221 S Orange Ave.
5259-013-030 216 S Orange Ave.
5259-013-031 222 S Orange Ave.
5259-013-032 226 S Orange Ave.
5259-013-033 232 S Orange Ave.
5259-013-034 234 S Orange Ave.
5259-013-035 238 S Orange Ave.

Proposed Zone Changes

EXHIBIT B
Existing and Proposed Zoning Maps
Map Exhibit

Assessor’s Parcel
Number(s) Address
5254-019-105 NA
Proposed Zone Changes

EXHIBIT B
Existing and Proposed Zoning Maps
Map Exhibit

Assessor’s Parcel
Number(s) Address
5261-015-042 810 W Mabel Ave.

Proposed Zone Changes

EXHIBIT B
Existing and Proposed Zoning Maps
Map Exhibit

Assessor’s Parcel
Number(s) Address
5257-005-020 124 S Moore Ave.
5257-005-021 128 S Moore Ave.

EXHIBIT B
Existing and Proposed Zoning Maps
Map Exhibit

Assessor’s Parcel
Number(s) Address
5257-016-020 134 E. Newmark Ave.
5257-016-021 130 E. Newmark Ave.
5257-016-022 311 S. Lincoln Ave.
5257-016-023 126 E. Newmark Ave.
5257-016-024 120 E. Newmark Ave.
5257-016-025 315 S. Lincoln Ave.
5257-016-026 118 E. Newmark Ave.

Proposed Zone Changes

EXHIBIT B
Existing and Proposed Zoning Maps
Map Exhibit

Assessor’s Parcel
Number(s) Address
5286-010-012 600 N New Ave.
5286-010-008 540 N New Ave.
5258-016-045
531 N. New Ave.,
Units A-D
5258-016-046
5258-016-047
5258-016-048
Hershey Ave
N New Ave
Hershey Ave
N New Ave
Proposed Zone Changes

EXHIBIT B
Existing and Proposed Zoning Maps
Map Exhibit

Assessor’s Parcel
Number(s) Address
5257-017-009 518 S Garfield Ave.
5257-017-010 522 S Garfield Ave.
5257-017-011 526 S Garfield Ave.
5257-017-012 530 S Garfield Ave.
5257-017-013 532 S Garfield Ave.
5257-017-014 550 S Garfield Ave.
5263-001-013 547 S Garfield Ave.
5263-001-014 530 S Huntington
Ave.
5263-001-015 526 S Huntington
Ave.
5263-001-016 522 S Huntington
Ave.
5263-001-026 519 S Ramona Ave.
5263-001-027 525 S Ramona Ave.
5263-001-028 527 S Garfield Ave.
5263-001-029 529 S Garfield Ave.
5263-001-036 517 S Ramona Ave.
5263-001-037 517 S Ramona Ave.

Proposed Zone Changes

EXHIBIT B
Existing and Proposed Zoning Maps
Map Exhibit

Assessor’s Parcel
Number(s) Address
5258-011-049 616 N Rural Dr.

Proposed Zone Changes

EXHIBIT B
Existing and Proposed Zoning Maps
Map Exhibit

Assessor’s Parcel
Number(s) Address
5255-004-008 121 W Emerson Ave.
5255-004-039 428 Baltimore Ave.
5255-004-053 NA
Proposed Zone Changes

EXHIBIT B
Existing and Proposed Zoning Maps
Map Exhibit

Exhibit C
FEIR (SCH No. 2001-01-1074)

Staff Report
December 18, 2024
ATTACHMENT 2
City Council Staff Report, dated December 4,
2024 (without attachments)

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

TO: The Honorable Mayor and City Council
FROM: Jessica Serrano, Director of Community Development SUBJECT: A public hearing to consider introduction and first reading of Zone Change No. ZC -24-03 (“ZC -24-03”), an Ordinance to rezone certain properties within the City to be consistent with the General Plan Land Use and Urban Design Element.

RECOMMENDATION:

It is recommended that the City Council consider:

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

2. After closing the public hearing and considering the evidence submitted during that public hearing, introducing and waiving first reading of Ordinance No. _____ amending the zoning map for certain properties for consistency with the General Plan, Land Use and Urban Design Element; 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 § 15168 provides that a Program EIR may be prepared to consider the environmental impacts of a series of actions that can be characterized as one large project that are related as logical parts in a chain of contemplated actions. The proposed Ordinance is within the scope of the City’s Focused General Plan Update to the Land Use and Urban Design Element which was evaluated under a Final Environmental Impact Report (“FEIR”) (SCH No. 2001-01-1074). The FEIR adequately describes and considers the proposed Ordinance for CEQA purposes.

Accordingly, the Ordinance is not subject to further environmental review.

TYPE OF ACTION (LEGISLATIVE)
In considering the Zone Change, the City Council acts in its discretionary legislative capacity. The City Council must make the following findings pursuant to MPMC section

21.38.050:
• That the proposed amendment is consistent with the goals, policies, and objectives of the General Plan;
Public Hearing - 4A

Staff Report

December 4, 2024
• That the proposed amendment will not adversely affect surrounding properties; and
• That the proposed amendment promotes public health, safety, and general welfare and serves the goals and purposes of the Zoning Code.

EXECUTIVE SUMMARY:

On November 3, 2020, the City’s voters initiated changes to the zoning designations for properties throughout the City for consistency between the General Plan and Zoning Map when they voted to approve the Land Use and Urban Design Element of the General Plan (“LUE”).

In 2023, the City began efforts in the Our City, Our Plan Campaign to implement the General Plan Land Use and Urban Design Element (“LUE”) and the Housing Element (“HE”), which sets the vision for development within the City. The General Plan is implemented through the zoning regulations located in Title 21 of t he Monterey Park Municipal Code (“MPMC”). MPMC section 21.02.220 adopts a zoning map which assigns a zoning designation to each property in the City. This proposed ordinance will change the zonin g designations for properties throughout the City to harmonize the zoning designation with the General Plan Land Use Designation consistent with voter’s approval of the LUE.

BACKGROUND:

The LUE was voter approved by Measure JJ in November of 2020. The HE was approved by the City Council in November 2022, and certified by the California State Department of Housing and Community Development (“HCD”) in March 2023. As part of the work to implement the LUE and HE, the Community Development Director is proposing to re- zone certain properties listed in the proposed Ordinance (Attachment 2) to bring consistency between the General Plan and the MPMC.

ANAYLSIS
If adopted, the Ordinance will make the Zoning Map consistent with the General Plan land use designation as established in Figure LU -3, Land Use Policy Map (Attachment 1) in compliance with State law (Government Code § 65860). ZC -24-03 will impact specific properties across the City, where their zoning designation is inconsistent with adopted land use designations. The affected land use designations and zoning districts are listed in the table below:

Land Use Designation Corresponding Zoning District(s)
Commercial Commercial-Professional (C-P) Zone; or
Commercial Services (C-S) Zone
Innovation/Technology Office-Professional (O-P) Zone
Open Space Open Space (O-S) Zone
Low Density Residential Single-Family Residential (R-1) Zone Medium Density Residential Medium Density Residential (R-2) Zone High Density Residential High Density Residential (R-3) Zone

Staff Report

December 4, 2024
Maps of the affected properties including their existing and proposed zoning districts are included as part of the Ordinance (Attachment 2). Any existing overlay zones, such as the Planned Development Overlay or Senior Citizens Housing Overlay that exist on the affected properties will remain in place.

The remaining General Plan land use designations for Mixed Use, Corporate Center, and Public Facilities will be further examined and evaluated as part of the Our City, Our Plan campaign.
2024-25 STRATEGIC PLAN GOAL:

The proposed Ordinance meets the strategic plan goal to “Strengthen our local economy and enhance housing opportunities ” because it will create consisten cy between the General Plan and the zoning regulation s will provide clearl y defined development standards that encourage redevelopment of commercial and residential sites and attract new businesses in the affected areas.

LEGAL NOTIFICATION:

The legal notice of this hearing was published in the Monterey Park Progress and posted at City Hall, Monterey Park Bruggemeyer Library, and Langley Center on November 21, 2024, with affidavits of posting on file. The legal notice of this hearing was mailed to 267 property owners of affected properties on November 21, 2024.

FISCAL IMPACT:

There are no identifiable fiscal impact s associated with adopting the Ordinance itself (other than costs associated with codifying the Ordinance).

Respectfully submitted by: Prepared by:

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

Inez Alvarez
City Manager
Justin A. Tamayo
Assistant City Attorney

Staff Report

December 4, 2024
ATTACHMENTS:

1. General Plan - Land Use Policy Map, Figure LU-3

2. Ordinance

3. Notice of Determination

4. FEIR (SCH No. 2001-01-1074)

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: Acceptance of SGVMWD Grant for Irrigation Control Systems RECOMMENDATION:

It is recommended that the City Council consider:

1. Accepting and allocating grant funding in the amount of $50,000 from the San Gabriel Valley Municipal Water District (“SGVMWD”) for Irrigation Control Systems;

2. Authorizing the City Manager to execute the Grant Agreement, in a form approved by the City Attorney, with SGVMWD for this grant program;

3. Authorizing the Finance Department to appropriate $50,000 in funding from the FY 2024-2025 budget; and

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

EXECUTIVE SUMMARY:

The San Gabriel Valley Municipal Water District ( “SGVMWD”) is awarding the city $50,000 grant funding for water conservation projects . The grant requires that the City first spend its funds, and submit invoices to SGVMWD for reimbursement. The Public Works Director (“Director”) requests the City Council allocate $50,000 from the FY 2024- 2025 budget (“Budget”), and accept grant funding from SGVMWD reimbursing the City in the same amount and allocate such grant funding to the Budget.

BACKGROUND:

The SGVMWD is offering each of its four member cities (Alhambra, Azusa, Monterey Park, and Sierra Madre ) $50,000 in grant funding. SGVMWD approved the City’s proposal to use these funds for smart irrigation control systems. These systems include an array of sensors that monitor water flow, evapotranspiration, rain, wind and soil moisture and provides real-time onsite data to the controllers. The software then analyzes the data to ensure that the irrigation system makes the most efficient use of water.

The grant will be disbursed to the City upon receipt of invoices from the City for implementing the program. The maximum grant amount is $50,000.

The Director is requesting that City Council accept SGVMWD’s $50,000 grant to purchase smart irrigation control systems and allocate the grant funds in the Budget.

Consent Calendar - 3D

Staff Report

December 18, 2024
2024-25 STRATEGIC PLAN GOAL:

The installation of the smart irrigation control system, that is being made possible by the SGVMWD’s grant, will meet the goal of maintaining, building and modernizing infrastructure and facilities to support the current and future needs of our City and community.

FISCAL IMPACT:

Authorizing the recommended actions would result in a budget appropriation of $ 50,000 from the Budget, which will be reimbursed by SGVMWD’s grant and reallocated to the Budget resulting in no fiscal impact.

Respectfully submitted by:

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

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

1. Grant Agreement

ATTACHMENT 1
Grant Agreement
Staff Report
December 18, 2024

{155129/000/00678453-1 } - 1 -

GRANT AGREEMENT

As of November 19, 2024, San Gabriel Valley Municipal Water District, herein “Water District,” and City of Monterey Park, herein “City” agree as follows:

1. Purpose.

This Agreement sets forth the terms under which the Water District shall grant money to the City and under which the City shall spend the grant.

2. Project Identification.

The grant money shall be used by the City for irrigation improvements at City parks, including, but not limited to, the installation smart irrigation control systems (the “Project”).

3. Grant Amount.

T
he Water District shall grant the City the sum of $50,000.00 (the “Grant Amount”). The money shall be disbursed to the City by the Water District within thirty days after the City presents an invoice to the Water District for work on the Project in an amount up to the Grant Amount. The Grant Amount shall not be increased if the associated Project costs exceed the above amount.

4. D
ivision of Responsibility.
(a) Water District is only responsible for providing the City with the grant in accordance with this Agreement. The Water District is not responsible for the design, construction, operation or maintenance of the Project.

5. Warranties.
(a) The Water District makes no warranty with respect to the efficacy of the Project.
(b) The City warrants the Grant Amount shall be used exclusively to pay for portions of the Project.

6. Time for Performance.

Time for performance shall begin after the date first above written and the City shall use its best efforts to complete the Project by June 30, 2025.

{155129/000/00678453-1 } - 2 -

7. Indemnity.

The City shall save and hold the Water District, its officers, agents and employees, free and harmless from any and all costs, liability or damages arising out of any act or omission to act, including any negligent act or omission to act (where there is a duty to act) by the City, its officers, agents or employees in connection with this Agreement, except to the extent caused by the sole negligence or willful misconduct of Water District, its officers, agents or employees.

8. Miscellaneous.
(a) In an action brought to enforce this Agreement, the prevailing party shall be entitled to recover from the other reasonable costs of suit and attorney fees. Both parties agree to arbitration of disputes concerning this Agreement as an alternative to court action. (b) Notices given pursuant to the provisions of this A greement, or necessary to carry out its provisions, shall be in writing and delivered personally to the person to whom the notice is to be given; mailed postage prepaid, addressed to such person; sent by overnight delivery by a nationally-recognized overnight courier; or sent by e-mail, with receipt confirmed in writing or telephonically. Addresses for this purpose shall be:

Water District: San Gabriel Valley Municipal Water District Attn: Darin Kasamoto, General Manager
1402 N. Vosburg Drive (P.O. Box 1299)
Azusa, CA 91702-1299
[email protected]
(626) 969-7911

City: City of Monterey Park
Attn: Director of Public Works
320 West Newmark Avenue
Monterey Park, CA 91754-2896
[email protected]
(626) 307-1320

{155129/000/00678453-1 } - 3 -
IN WITNESS WHEREOF, the parties hereby have caused this Agreement to be executed the date first above written.

APPROVED: APPROVED:

San Gabriel Valley City of Monterey Park
Municipal Water District

By: B
y:

Mark Paulson, President Thomas Wong, Mayor

Attest: Attest:

B
y:

Steven T. Placido, Secretary Maychelle Yee, City Clerk

[Seal] [Seal]

Approved as to Form: Approved as to Form:

B
y:

James D. Ciampa, District Counsel Karl H. Berger, City Attorney

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: Bruggemeyer Library HVAC Improvements – Award of Contract RECOMMENDATION:

It is recommended that the City Council consider:

1. Authorizing the City Manager to execute a public works contract substantially similar to Attachment No. 3, in a form approved by the City Attorney, with Bon Air, Inc., in the amount of $261,847 for the Bruggemeyer Library HVAC Improvements Project;

2. Authorizing the Director of Public Works to approve change orders and contingency up to $26,185 (10%) of the contract amount, for a total project cost of $288,032; 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”). The proposed activity contemplates maintenance, repair, and operation of Bruggemeyer Library by replacing mechanical equipment which involves no expansion of the existing use.

EXECUTIVE SUMMARY
Capital Improvement Project (“CIP”) No. 95038 – Bruggemeyer Library HVAC Improvements project includes the replacement of existing 26 HVAC units at the Bruggemeyer Library (the “Project”). Pursuant to Resolution No. 2024-R48, the Public Works Director (“Director”) solicited bids for the Bruggemeyer Library HVAC Improvements project (Specification No. 2024-009).

The public bid opening for the Bruggemeyer Library HVAC Improvements project was held on November 21, 2024. Five bids were received: Bon Air Inc., Direct AC Inc., AC Pros Inc., Simco Mechanical, and FM Thomas Air Conditioning. It is recommended that City Council authorize the City Manager to execute a Public Works contract with Bon Air, Inc., the lowest responsible bidder, for the Project in the amount of $261,847, plus a contingency amount not to exceed $26,185.

Consent Calendar - 3E

Staff Report
December 18, 2024

BACKGROUND
The 2024-25 Capital Improvement Program includes the Project as Project No. 95038 to be funded by Fund 360 – Building Forwards Grant. The Project involves replacement of existing HVAC units at Bruggemeyer Library. Improvements consist of removal and installation of three 2.5-ton units, four 5-ton units, five 6-ton units, four 6-ton units, six 10- ton units, one 12.5- ton unit, one 15-ton unit, one 20-ton unit, one 4-ton ductless unit and 30-50 amp breaker electrical related work as required.

At its September 18, 2024, City Council meeting, the City Council authorized the purchase of all the HVAC units for the library. Additionally, City Council approved conversion of the HVAC units to all-electric units. Following this approval, the Director prepared a bid packet for the labor required for the installation of all the units and any related activities.

On October 24, 2024, the Director solicited bids which identified the Project, how to submit bids, including the deadline, and where additional information about the Project could be obtained (Attachment No. 1). The notice inviting bids also required a bid bond equal to not less than ten percent of the bid amount per Monterey Park Municipal Code (“MPMC”) section 3.100.070. Bids for the Project were received on November 21, 2024, from:

RANK BIDDER BASE BID
AMOUNT
1 Bon Air, Inc. $261,847
2 Direct AC, Inc. $276,421
3 AC Pros, Inc. $329,600
4 Simco Mechanical $330,209
5 FM Thomas Air Conditioning $458,580
Bon Air, Inc.’s contractor license was verified with the California State Contractor’s License Board to be current, active and in good standing. Registration with the California Department of Industrial Relations ( “DIR”) was verified. The Director also checked the contractor’s references and received positive feedback. 2024-25 STRATEGIC PLAN GOAL:

This Project meets the City’s goal to maintain, build and modernize infrastructure and facilities to support the current and future needs of our city and community as it aims to improve conditions of Bruggemeyer Library and bring the structure up to current standards.

FISCAL IMPACT
The Project is budgeted in the 2024-2025 fiscal year Capital Improvement Program under CIP No. 95038 funded by Fund 360 – Building Forward Grant. The total estimated project cost for this project is $ 293,032, including the contract amount, contingency, and construction management and inspection.

Staff Report
December 18, 2024

CIP 95038 – Bruggemeyer Library HVAC Improvements
HVAC units $346,551
Construction Contract Amount (Bon Air, Inc.) $261,847.00 Contingency (10%) $26,185.00
Project/Construction Management/Inspection $5,000.00
Total Estimated Project Cost $639,583.00
Respectfully submitted & prepared by: Reviewed by:

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

Inez Alvarez
City Manager
Justin A. Tamayo
Assistant City Attorney

ATTACHMENTS

1. N
otice Inviting Bids

2. Bon Air, Inc. Bid Proposal

3. Sample Public Works Agreement

Staff Report
December 18, 2024
ATTACHMENT 1
Notice Inviting Bids

City of Monterey Park Specification No. 2024-009
COVER

CITY OF MONTEREY PARK

BIDDING DOCUMENTS
For

BRUGGEMEYER LIBRARY HVAC IMPROVEMENTS

Specification No. 2024-009
Bid Due Date:

10:00 AM
November 21st, 2024

Submit bids to:

Quest Construction Data Network (QuestCDN)
www.questcdn.com

City of Monterey Park Specification No. 2024-009

APPROVAL PAGE

BRUGGEMEYER LIBRARY HVAC IMPROVEMENTS
Specification No. 2024-009

Approved by: ____________________________
Rey Alfonso, PE
Assistant City Engineer
City of Monterey Park

Approved by: ____________________________
Okan Demirci, PE
Acting City Engineer
City of Monterey Park

City of Monterey Park Specification No. 2024-009
SECTION A. NOTICE INVITING FORMAL SEALED BIDS Page A. 1

TABLE OF CONTENTS

SECTION TITLE SECTION

NOTICE INVITING SEALED BIDS A

INSTRUCTIONS TO BIDDERS B
BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid)
C

STANDARD SPECIFICATIONS D

TECHNICAL SPECIFICATIONS E
APPENDIX 1. CITY OF MONTEREY PARK PUBLIC WORKS

CONTRACT
A1
APPENDIX 2. CONTRACT FOR SECURITY DEPOSITS IN LIEU OF

RETENTION
A2
APPENDIX 3. CONTACT INFORMATION A3
APPENDIX 4. PELICAN WIRELESS SYSTEMS SPECIFICATION A4
APPENDIX 5. HEAT PUMP MATERIAL LIST A5
APPENDIX 6. BRUGGEMEYER LIBRARY AERIAL A6

City of Monterey Park Specification No. 2024-009
SECTION A. NOTICE INVITING FORMAL SEALED BIDS Page A. 2

SECTION A. NOTICE INVITING SEALED BIDS

The City of Monterey Park is receiving and accepting sealed bids only via the online electronic bid service, Quest Construction Data Network (QuestCDN), www.questcdn.com, until 10:00 AM, November 21 st, 2024, for the Bruggemeyer Library HVAC Improvements Specification No. 2024-009. Late bids will not be accepted.

There will be Mandatory Pre-Bid Meeting held for this project at 9:00am on Thursday November 07, 2024 at City of Monterey Park Bruggemeyer Library located at 318 S Ramona Avenue, Monterey Park, CA 91754. All questions should be submitted on or before Tuesday November 12, 2024 by 5:00pm. Answers to questions shall be provided by end of day on Thursday November 14, 2024.

As described in the Bidding Documents, the bids are for a public works project which consists the installation of 26 HVAC units at the City’s Bruggemeyer Library and related work as shown on the plans on file with the City’s Public Works Department. Bids will be publicly opened in approximately 15 minutes after the bid due date and time.

Copies of the Plans, Specifications and contract documents can be obtained as follows:

1. Prospective Bidders must purchase contract documents through Quest Construction Data Network (QuestCDN). This can be done via a link on the Public Works’ Bids & Proposal’s page at http://www.montereypark.ca.gov/444/Bids- Proposals and/or on the QUESTCDN website (www.questcdn.com). QuestCDN is a web-based platform for construction project advertisements, bid documents distribution and plan holder lists. Prospective bidders will need the seven-digit QuestCDN project number (Quest Project #9385560) to locate the job on the QuestCDN website search page. There is a $42 nonrefundable cost for downloading the contract documents in PDF format, however documents may be viewed for free. Bids will not be accepted from any prospective bidder who has not purchased contract documents through QuestCDN.

Please contact QuestCDN Customer Support at 952-233-1632 or [email protected] for assistance in Regular membership registration, downloading and working with this digital information.

The terms and conditions for bidding on the Project are described in the attached Bidding Instructions.

City of Monterey Park Specification No. 2024-009
SECTION A. NOTICE INVITING FORMAL SEALED BIDS Page A. 3 SB 854 Requirements:

This project is subject to the requirements of SB 854. No prime contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered and qualified with the Department of Industrial Relations pursuant to Labor Code section 1725.5. No prime contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered and qualified with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The bid proposal must include a print out from the DIR registration website showing that the prime contractor and each subcontractor is currently registered and qualified. No bid proposals will be accepted nor any contract entered into with a prime contractor without proof of registration as required above. [Unless within the limited exceptions from this requirement for bid proposals only under Labor Code Section 1771.1(a)]
Prevailing Wages Required:

Prevailing wages shall be paid to all workers in accordance with California Labor Code 1771. A copy of the prevailing wages schedule is on file with the City.

DBE:

There is no mandatory DBE Participation requirement. All bidders are required to comply with all applicable competitive bidding and labor compliance laws including, but not limited to, active solicitation of subcontract bids from minority-owned businesses, women-owned businesses, and businesses owned by disabled veterans. The City hereby notifies all qualified bidders that it will affirmatively insure that qualified minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, religion, or handicap in consideration for an award. Attention is directed to the provisions of Section 1777.5 (Chapter 1411, Statutes of 1968) and 1777.5 of the Labor Code concerning the employment of apprentices by the Contractor’s or any such subcontractors under hire.

The bidders and the selected Contractor shall not allow discrimination in employment practices on the basis of race, color, national origin, ancestry, sex, religion, or handicap.

Note that the Project is subject to compliance monitoring and enforcement by the California Department of Industrial Relations. Pursuant to California law, the City must find bids failing to comply with all applicable Labor Code requirements including, without limitation, Labor Code §§ 1725.5 and 1771.4, to be nonresponsive.

This project requires payment of State prevailing rates of wages for Los Angeles County.

The contractor shall post copies of the prevailing schedule at each job site. Copies of these rates of wages are available from the State of California Department of Industrial Relations Prevailing Wage Unit, Telephone No. (415) 703-4774. The website for this agency is currently located at www.dir.ca.gov.

The contractor to whom the contract is awarded must assist in locating, qualifying, hiring

City of Monterey Park Specification No. 2024-009
SECTION A. NOTICE INVITING FORMAL SEALED BIDS Page A. 4 and increasing the skills of minority group employees and applicants for employment, as set forth in Executive Order 11246 and 11375.

A Bid Bond equal to minimum Ten Percent (10%) of the Bid Amount is required.

Engineer’s Estimate is in the range of $300,000
Construction Days is 40 working days.

Liquidated Damages is $1,000 per calendar day.

Required State of California Contractors License Classification is Class B OR Class C20 – Warm Air Heating, Ventilating and Air-Conditioning.

Five percent (5%) will be deducted from each progress payment and retained by the City.

The remainder less the amount of all previous payments will be paid to the Contractor.

Pursuant to Public Contracts Code (“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, any such election will be at the Contractor own expense and will include costs incurred by the City to accommodate the Contractor’s request.

For questions, contact via e-mail only:

ANTHONY BENDEZU – [email protected]
DATED this October 24th, 2024.

--END OF SECTION--

City of Monterey Park Specification No. 2024-009
SECTION B. BIDDING INSTRUCTIONS Page B. 1
SECTION B. BIDDING INSTRUCTIONS

1. DEFINITIONS. Unless provided otherwise, the definitions in the Greenbook, Special Conditions, or other Contract Documents are applicable to all Bidding Documents.

1.1. “Addenda” means written or graphic instruments issued by the City before the Bid Deadline that modify or interpret the Bidding Documents by additions, deletions, clarifications, or corrections.

1.2. “Alternate” means a proposed change in the Work, as described in the Bidding Documents which, if accepted, may result in a change to either the Contract Sum or the Contract Time, or both.

1.3. “Bid Deadline” means the date and time designated in the Notice for Bids as the last date and time for receipt of Bids, as may be revised by Addenda.

1.4. “Bidder” means a person or firm that submits a Bid.

1.5. “Bidding Documents” means the construction documents prepared and issued for bidding purposes including all Addenda.

1.6. “Lump Sum Base Bid” means the sum stated in the Bid for which Bidder offers to perform the Work described in the Bidding Documents, but not including unit price items or Alternates.

1.7. “Unit Price” means an amount stated in the Bid for which Bidder offers to perform the Unit Price Work for a fixed price per unit of measurement.

2. BIDDER’S REPRESENTATIONS. By making its Bid, Bidder represents that:

2.1. Bidder read, understood, and made the Bid pursuant to the requirements in the Bidding Documents.

2.2. Bidder visited the Project site and is familiar with the conditions under which the Work will be performed and the local conditions as related to the Contract Documents.

2.3. The Bid is based upon the materials, equipment, and systems required by the Bidding Documents.

2.4. Bidder and all Subcontractors, regardless of tier, have the appropriate current licenses issued by the State of California Contractor’s State License Board for the Work to be performed. If Bidder is a joint venture, the Bidder

City of Monterey Park Specification No. 2024-009
SECTION B. BIDDING INSTRUCTIONS Page B. 2
will have a joint venture license appropriate for the performance of the work, and each member of the joint venture will likewise have the appropriate license. Business and Professions Code §§ 7000-7191 establish licensing requirements for contractors. If a Bidder, that is a specialty contractor, submits a Bid involving 3 or more specialized building trades, the work of which is more than incidental and supplemental to the performance of the Work for which Bidder holds a specialty contractor license, Bidder shall also hold either (1) a specialty contractor “C” license in each such trade, (2) a General Engineering contractor “A” license, or (3) a General Building contractor “B” license. This requirement is applicable whether or not Bidder lists a Subcontractor for each such trade.

2.5. If licensure or proper licensure is controverted, then proof of licensure pursuant to this section shall be made by production of a verified certificate of licensure from the Contractors' State License Board which establishes that the individual or entity bringing the action was duly licensed in the proper classification of contractors at all times during the performance of any act or contract covered by the action. Nothing in this subdivision requires any person or entity controverting licensure or proper licensure to produce a verified certificate. When licensure or proper licensure is controverted, the burden of proof to establish licensure or proper licensure is on the licensee.

2.6. Bidder has the expertise and financial capacity to perform and complete all obligations under the Bidding Documents.

2.7. The person executing the Bid Form is duly authorized and empowered to execute the Bid Form on Bidder’s behalf.

2.8. Bidder is aware of and, if awarded the Contract, will comply with Applicable Code Requirements in its performance of the Work.

2.9. The Bidder has paid the City’s business license fee(s).

3. BIDDING DOCUMENTS.

3.1. Bidders may obtain complete sets of the Bidding Documents from the City’s Public Works Department for the sum stated in the Notice for Bids.

3.2. Bidders will use a complete set of Bidding Documents in preparing Bids.

3.3. The City makes copies of the Bidding Documents available, on the above terms, for the sole purpose of obtaining Bids for the Work and does not confer a license or grant permission for any other use of the Bidding Documents.

City of Monterey Park Specification No. 2024-009
SECTION B. BIDDING INSTRUCTIONS Page B. 3

4. INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS.

4.1. Before submitting its Bid, Bidder will carefully study and compare the various documents comprising the Bidding Documents and compare them with any other work being bid concurrently or presently under construction which relates to the Work for which the Bid is submitted; will examine the Project site, the conditions under which the Work is to be performed, and the local conditions; and will at once report to the City’s Representative errors, inconsistencies, or ambiguities discovered.

4.2. Requests for clarification or interpretation of the Bidding Documents will be addressed to the City’s Representative.

4.3. Clarifications, interpretations, corrections, and changes to the Bidding Documents will be made by Addenda. Clarifications, interpretations, corrections, and changes to the Bidding Documents made in any other manner will not be binding and Bidders will not rely upon them.

5. PRODUCT SUBSTITUTIONS. No substitutions will be considered before award of Contract. Substitutions will only be considered after award of the Contract and as provided for in the Contract Documents.

6. SUBCONTRACTORS.

6.1. Each Bidder will list in the Bid Form all first-tier Subcontractors that will perform work, labor or render such services. The Bid Form contains spaces for the following information when listing Subcontractors: (1) Work Activity; (2) name of Subcontractor; (3) city of Subcontractor’s business location.

Failure to list any of these items on the Bid Form will result in the City treating the Bid as if no Subcontractor was listed for the Work and that Bidder represents to the City that it is fully qualified to perform that portion of the Work and will perform to do so.

6.2. Subcontractors listed in the Bid Form will only be substituted after the Bid Deadline with the City’s written consent in accordance with California law.

7. ADDENDA.

7.1. All addenda shall be written and issued by the City through www.QuestCDN.com. An email notification will be distributed by QuestCDN

City of Monterey Park Specification No. 2024-009
SECTION B. BIDDING INSTRUCTIONS Page B. 4
to all Plan holders regarding posting of Addenda, but it shall be the bidder’s responsibility to make inquiry as to Addenda issued. Failure of the bidder to receive any such Addenda shall not relieve the bidder from any obligation under his bid as submitted.

7.2. Copies of Addenda will be made available for inspection at the City’s Public Works Department.

7.3. The City will issue Addenda so that they are received by prospective Bidders not later than three (3) business days before the Bid Deadline.

Addenda that withdraw the request for Bids or postpone the Bid Deadline may be issued any time before the Bid Deadline.

7.4. Each Bidder is responsible for ensuring that it has received all issued Addenda before issuing a Bid.

8. PRE-BID CONFERENCE. When required, Bidder will attend a Pre-Bid Conference where the City will discuss the Bidding Documents, answer questions, accept comments, and conduct a Project site visit. The City requires all Pre-Bid Conference attendees to arrive for the meeting on time and to sign an attendance list which is used to determine if Bidders meet this requirement. Any Bidder not attending the Pre-Bid Conference in its entirety will be deemed to have not complied with the requirements of the Bidding Documents and its Bid will be rejected.

There will be Mandatory Pre-Bid Meeting held for this project at 9:00am on Thursday November 07, 2024 at City of Monterey Park Bruggemeyer Library located at 318 S Ramona Avenue, Monterey Park, CA 91754. All questions should be submitted on or before Tuesday November 12, 2024 by 5:00pm.

Answers to questions shall be provided by end of day on Thursday November 14, 2024.

9. FORM AND STYLE OF BIDS.

9.1. Bids will be submitted on the Bid Form included with the Bidding Documents. Bids not submitted on the City’s Bid Form will be rejected.

9.2. All blanks on the Bid Form will be filled in legibly in ink or by typewriter.

9.3. Bidder’s failure to submit a price for any Alternate or unit price will result in the Bid being considered as nonresponsive. If Alternates are called for and no change in the Lump Sum Base Bid is required, enter “No Change.”

9.4. Each Bidder shall fill out the “Bidders Statement of Past Contract Disqualifications” form stating any and all instances of contract

City of Monterey Park Specification No. 2024-009
SECTION B. BIDDING INSTRUCTIONS Page B. 5
disqualifications due to a violation of a law or safety regulation. The Bidder shall explain the circumstances of each disqualification. The City may reject the bid based on such information.

9.5. Bidder will make no stipulations on the Bid Form nor qualify the Bid in any manner.

9.6. The Bids will be based upon full completion of all the Work as shown on the plans and specifications. It is expressly understood that the plans are drawn with as much accuracy as is possible in advance, but should errors, omissions or discrepancies exist in the plans which show conditions that vary from those encountered in construction, the Bidder (if awarded the Contract) specifically agrees to construct a completed work ready for the use and in the manner which is intended. In the event of increasing or decreasing of work, the total amount of work actually done or materials or equipment furnished shall be paid for according to the unit or lump sum price established for such work under the contract, wherever such unit or lump sum price has been established. In the event no prices are named in the contract to cover such changes or alterations, the cost of such changes shall be covered as extra work.

9.7. The Bid Form will be signed by a person or persons legally authorized to bind Bidder to a contract. Bidder’s Representative will sign and date the Declaration included in the Bid Form. Failure to sign and date the declaration will cause the Bid to be rejected.

10. BID SECURITY.

10.1. Each Bid will be accompanied by Bid Security, in the amount of 10% of the Lump Sum Base Bid as security for Bidder’s obligation to enter into a Contract with the City on the terms stated in the Bid Form and to furnish all items required by the Bidding Documents. Bid Security will be a Bid Bond on the form provided by the City or a certified check made payable to “City of Monterey Park.” When a Bond is used for Bid Security, failure to use the City’s Bid Bond form will result in the rejection of the Bid.

10.2. If the apparent lowest responsible Bidder fails to sign the Agreement and furnish all items required by the Bidding Documents within the time limits specified in these Instructions to Bidders, the City will disqualify such Bidder and select the next apparent lowest responsible Bidder until all bids have been exhausted or the City may reject all bids. In such an event, the disqualified Bidder will be liable for and forfeit to the City the amount of the difference, not to exceed the amount of the Bid Security, between the amount of the disqualified Bid and the larger amount for which the City procures the Work.

City of Monterey Park Specification No. 2024-009
SECTION B. BIDDING INSTRUCTIONS Page B. 6

10.3. If a Bid Bond is submitted and an attorney-in-fact executes the Bid Bond on behalf of the surety, a notarized and current copy of the power of attorney will be affixed to the Bid Bond. The surety issuing the Bid Bond will be listed in the latest published State of California, Department of Insurance list of, “Insurers Admitted to Transact Surety Insurance in This State.”

10.4. The City will retain Bid Security until the occurrence of one of the following:

10.4.1. All items required by the Bidding Documents have been furnished and the Agreement has been signed by the successful Bidder and the City.

10.4.2. The specified time has elapsed during which Bids may be withdrawn.

10.4.3. All Bids have been rejected.

10.5. The Bid Form, Bid Security, and all other documents required to be submitted with the Bid will be submitted electronically via the online electronic bid service, Quest Construction Data Network (QuestCDN), www.questcdn.com.

10.6. If the Bidder provides a copy of a Bid Security or a copy of a certified cashier’s check electronically via the online electronic bid service, the original must be provided to the City by the end of the fifth business day after the bid opening. Not submitting the original Bid Security, the Bid will be considered as non-responsive bid.

10.7. Bidder will assume full responsibility for timely delivery at the location designated for receipt of Bids.

10.8. Oral, telephonic, facsimile, or telegraphic Bids are invalid and will not be accepted.

11. MODIFICATION OR WITHDRAWAL OF BID.

11.1. Before the Bid Deadline, a submitted Bid may be modified or withdrawn.

Notice of such action will be given to the City in writing and signed by the Bidder’s authorized representative. A change so made will be so worded as not to reveal the amount of the original Bid.

11.2. A withdrawn Bid may be resubmitted up to the Bid Deadline, provided that it then fully complies with the Bidding Requirements.

11.3. Bid Security will be in an amount sufficient for the Bid as modified or resubmitted.

City of Monterey Park Specification No. 2024-009
SECTION B. BIDDING INSTRUCTIONS Page B. 7

11.4. Bids may not be modified, withdrawn, or canceled within sixty (60) days after the Bid Deadline unless otherwise provided in Supplementary Instructions to Bidders.

12. OPENING OF BIDS. Bids submitted in the manner required by these instructions and are received on or before the Bid Deadline will be opened publicly.

13. REJECTION OF BIDS.

13.1. The City will have the right to reject all Bids.

13.2. The City will have the right to reject any Bid not accompanied by the required Bid Security or any other item required by the Bidding Documents, or a Bid which is in any other way materially incomplete or irregular.

14. AWARD.

14.1. The City may retain all bids for a period of sixty (60) days for examination and comparison, and to delete any portion of the work from the contract.

14.2. The City will have the right to waive nonmaterial irregularities in a Bid and to accept the lowest responsive Bid as determined by The City.

14.3. The City will have the right to accept Alternates in any order or combination, unless otherwise specifically provided in the Bidding Documents.

14.4. The City will determine the low Bidder on the basis of the sum of the Lump Sum Base Bid plus all unit prices multiplied by their respective estimated quantities as stated in the Bid Form, if any, plus the Contractor Delay Damages multiplied by the “multiplier” as stated in the Bid Form, plus the amounts of all accepted Alternates.

14.4.1. Inclusion of Contractor Delay Damages within the Bid Form is solely for the purpose of determining the low bidder and establishing the City’s maximum daily liability as a result of City delays to Contractor, if any, and City has no obligation to pay any daily Contractor Delay Damages except as provided for in these Contract Documents for Compensable Delays. In the event that City becomes liable to Contractor for compensable delays, City agrees to pay Contractor the daily Contractor Delay Damages set forth in the Proposal Form or Contractor’s actual daily delay damages, whichever is less, for each day of Compensable Delay as provided for by these Contract Documents.

City of Monterey Park Specification No. 2024-009
SECTION B. BIDDING INSTRUCTIONS Page B. 8

14.5. The City will select the apparent lowest responsive and responsible Bidder and notify such Bidder within thirty (30) days (unless number of days is modified in Supplementary Instructions to Bidders) after the Bid Deadline or reject all bids. Within ten (10) days after receiving the City’s notice that Bidder was selected as the apparent lowest responsible Bidder, Bidder will submit to the City all of the following items:

14.5.1. Three originals of the Agreement signed by Bidder.

14.5.2. Three originals of the Payment Bond.

14.5.3. Three originals of the Performance Bond.

14.5.4. Certificates of Insurance on form provided by the City.

14.5.5. Names of all Subcontractors, with their addresses, telephone number, facsimile number, trade on Bidders’ company stationery.

Evidence, as required by the City, of the reliability and responsibility of the proposed Subcontractors such as statements of experience, statements of financial condition, and references.

14.5.6. Preliminary Contract Schedule.

14.5.7. Selection of Retention Options and Escrow Agreement for Deposit of Securities in Lieu of Retention and Deposit of Retention.

If not submitted, the City will withhold retention.

14.5.8. Cost Breakdown.

14.6. Before award of the Contract, the City will notify Bidder in writing, if the City objects to a Subcontractor proposed by Bidder, in which case Bidder will propose a substitute acceptable to the City. Failure of the City to object to a proposed Subcontractor before award will not preclude the City from requiring replacement of any Subcontractor based upon information received subsequent to award, information which cannot be properly evaluated before award due to time constraints, or information relating to a failure to comply with the requirements of the Contract.

14.7. If Bidder submits the three original signed Agreements and all other items within ten (10) days after receiving the City’s notification, and all such items comply with the requirements of the Bidding Documents, the City will award the Contract to Bidder by signing the Agreement and returning a signed copy of the Agreement to Bidder.

City of Monterey Park Specification No. 2024-009
SECTION B. BIDDING INSTRUCTIONS Page B. 9

14.8. If the City consents to the withdrawal of the Bid of the apparent lowest responsible Bidder, or the apparent lowest responsible Bidder fails or refuses to sign the Agreement or submit to the City all of the items required by the Bidding Documents, within ten (10) days after receiving the City’s notification, or the City determines that the Bidder is not financially or otherwise qualified to perform the Contract, the City may reject such Bidder’s Bid and select the next apparent lowest responsible Bidder, until all bids are exhausted, or reject all Bids.
--END OF SECTION--

City of Monterey Park Specification No. 2024-009
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 1 SECTION C. BIDDERS PROPOSAL
(Entire section C shall be submitted with the bid)

BIDDER’S NAME:__________________________________________________

In accordance with the City’s Notice Inviting Sealed Bids, the undersigned BIDDER, hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated project as set forth in the Plans, Specifications, and contract documents therefore, and to perform all work in the manner and time prescribed therein.

BIDDER declares that this proposal is based upon careful examination of the work site, Plans, Specifications, Instructions to Bidders, and all other contract documents. If this proposal is accepted for award, BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to the City of Monterey Park of the guarantee accompanying this proposal.

BIDDER understands that a bid is required for the entire work. The contract will be awarded on the prices shown on the bid schedule. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties and fees. In the case of discrepancies in the amounts of bid, unit prices shall govern over extended amount, and words shall govern over figures.

If awarded the Contract, the undersigned further agrees that in the event of the BIDDER’S default in executing the required contract and filing the necessary bonds and insurance certificates within ten working days after the date of the City’s notice of award of contract to the BIDDER, the proceeds of the guarantee accompanying this bid shall become the property of the City and this bid and the acceptance hereof may, at the City’s option, be considered null and void.

BID SCHEDULE
To the Monterey Park’s City Council, herein called the “Council”.

Pursuant to and in compliance with your Notice Inviting Bids and the other documents relating thereto, the undersigned bidder, having familiarized himself with the work, and with the terms of the contract, the local conditions affecting the performance of the contract, and the cost of the work at the place where the work is done, and with the drawings and specifications and other contract documents, hereby proposes and agrees to perform, within the time stipulated, the contract, including all of its component parts, and everything required to be performed, and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all applicable taxes, utility and transportation services necessary to perform the contract and complete in a workmanlike manner, all in strict conformity with the Contract Documents on file at the office of the City Clerk of said City, per the following bid schedule:

City of Monterey Park Specification No. 2024-009
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 2

BID SCHEDULE
For Bruggemeyer Library HVAC Improvements Project Specification No. 2024-009 No. Bid Item Description Quantity Unit Unit Bid Total Bid 1 Remove and replace existing 2.5 Ton HVAC Units
(As per Section E. Technical Specifications) 3 EA $ $
2 Remove and replace existing 4 Ton HVAC Units
(As per Section E. Technical Specifications) 1 EA $ $
3 Remove and replace existing 5 Ton HVAC Units
(As per Section E. Technical Specifications) 4 EA $ $
4 Remove and replace existing 6 Ton HVAC Units
(As per Section E. Technical Specifications) 5 EA $ $
5 Remove and replace existing 8.5 Ton HVAC Units
(As per Section E. Technical Specifications) 4 EA $ $
6 Remove and replace existing 10 Ton HVAC Units
(As per Section E. Technical Specifications) 6 EA $ $
7 Remove and replace existing 12.5 Ton HVAC
Units (As per Section E. Technical Specifications) 1 EA $ $ 8 Remove and replace existing 15 Ton HVAC Units
(As per Section E. Technical Specifications) 1 EA $ $
9 Remove and replace existing 20 Ton HVAC Units
(As per Section E. Technical Specifications) 1 EA $ $
10 Remove and replace existing 4 Ton Ductless Unit
(As per Section E. Technical Specifications) 1 EA $ $
11 30 Amp Breaker Electrical Related Work 12 EA $ $
12 50 Amp Breaker Electrical Related Work 1 EA $ $
13 Mobilization 1 EA $ $
TOTAL BASE BID AMOUNT IN NUMBERS $
TOTAL BASE BID AMOUNT IN WORDS:

City of Monterey Park Specification No. 2024-009
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 3 The award of Contract shall be based on the TOTAL BASE BID AMOUNT.

In the case of discrepancies in the amount of bid, unit prices shall govern over extended amounts, and words shall govern over figures.

Full compensation for the items listed to
the right as Items A, B, C, D and E are
considered as inclusive in each Bid Item
listed above in the Bid Schedule as
applicable, and no additional and/or
separate compensation will be allowed.

A. Mobilization / Demobilization
B. Traffic Control
C. NPDES, WWECP, and Best
Management Practices (BMPs), Public
Convenience and Safety
D. Construction Staking by Land Surveyor
E. Clearing and Grubbing
The bid prices shall include any and all costs, including labor, materials, appurtenant expenses, taxes, royalties and any and all other incidental costs to complete the project, in compliance with the Bid and Contract Documents and all applicable codes and standards.

The City reserves the right to add, delete, increase or decrease the amount of any quantity shown and to delete any item from the contract and pay the contractor at the bid unit prices so long as the total amount of change does not exceed 25% (plus or minus) of the total bid amount for the entire project. If the change exceeds 25%, a change order may be negotiated to adjust unit bid prices.

All other work items not specifically listed in the bid schedule, but necessary to complete the work per bid and contract documents and all applicable codes and standards are assumed to be included in the bid prices.

A bid is required for the entire work, that the quantities set forth in the Bid Schedule are to calculate total bid amount, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed.

City of Monterey Park Specification No. 2024-009
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 4

DESIGNATION OF SUBCONTRACTORS
BIDDER proposes to subcontract certain portions of the work which are in excess of one- half of one percent of the bid and to procure materials and equipment from suppliers and vendors as follows:

Subcontractor Information Work to be Performed Dollar Amount Name:
$_________ Address:

Tel:

Name:
$_________ Address:

Tel:

Name:
$_________ Address:

Tel:

Name:
$_________ Address:

Tel:

Name:
$_________ Address:

Tel:

Name:
$_________ Address:

Tel:

Name:
$_________ Address:

Tel:

Total Subcontract Amount (shall not exceed 49% of Total Bid Amount) $_________

City of Monterey Park Specification No. 2024-009
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 5

REFERENCES
References shall be for projects constructed by the bidding company; references for other projects performed by principals or other individuals of the bidding company may not be included. References shall be either minimum from 3 Public Agencies; or minimum from 2 Public Agencies plus 2 Private Entities for which BIDDER has performed similar work within the past three years.

Reference 1
Agency Name
_________________________
Project Name and Brief Description

Contact Name and Title
_________________________
Tel:______________________
E-mail:___________________ Contract Value: $______ Year Completed:______

Reference 2
Agency Name
_________________________
Project Name and Brief Description

Contact Name and Title
_________________________
Tel:______________________
E-mail:___________________ Contract Value: $______ Year Completed:______

Reference 3
Agency Name
_________________________
Project Name and Brief Description

Contact Name and Title
_________________________
Tel:______________________
E-mail:___________________ Contract Value: $______ Year Completed:______

City of Monterey Park Specification No. 2024-009
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 6 Reference 4
Agency Name
_________________________
Project Name and Brief Description

Contact Name and Title
_________________________
Tel:______________________
E-mail:___________________ Contract Value: $______ Year Completed:______

SITE INSPECTION
The Bidder declares that he/she has carefully read and examined the plans, specifications, bid documents, and he/she has made a personal examination of the site (indicate name of the person, representing the bidder, who inspected the site and date below) and that he/she understands the exact scope of the Project without question.

Name of Person who inspected the site: _____________________ Date of Inspection: _____________________

ADDENDA ACKNOWLEDGMENT
The Bidder acknowledges receipt of the following Addenda and has included their provisions in this Proposal:

Addendum No.___________________ Dated________________
Addendum No.___________________ Dated________________
Addendum No.___________________ Dated________________
Addendum No.___________________ Dated________________
Addendum No.___________________ Dated________________
Addendum No.___________________ Dated________________

City of Monterey Park Specification No. 2024-009
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 7

EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE
BIDDER certifies that all previous contracts or subcontracts, all reports which may have been due under the requirements of any Agency, Site, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding.

AFFIRMATIVE ACTION CERTIFICATION
BIDDER certifies that affirmative action has been taken to seek out and consider minority business enterprises for those portions of work to be subcontracted, and that such affirmative actions have been fully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder. Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents.

City of Monterey Park Specification No. 2024-009
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 8

INSURANCE REQUIREMENTS
To be awarded this contract, the successful bidder shall procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:

Type of Insurance Limits
Commercial general liability: $2,000,000
Business automobile liability $1,000,000
Workers compensation Statutory requirement.

Commercial general liability insurance shall meet or exceed the requirements of ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above shall be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies shall be endorsed to name the City, its officials, and employees as “additional insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be carried by the City will be excess thereto. Such endorsement shall be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance shall be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City.

Automobile coverage shall be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto).

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

By signing this form, the bidder certifies that it has read, understands, and will comply with these insurance requirements if it is selected as the City’s Contractor. Failure to provide this insurance will render the bidder’s proposal “nonresponsive.” Bidder’s Name: _______________________
Authorized Signature: _______________________
Name and Title: _______________________
Date: _______________________

City of Monterey Park Specification No. 2024-009
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 9 PUBLIC CONTRACT CODE SECTION 7106
Noncollusion Declaration by Bidder
The undersigned declares:

I am the ___________________________ of
_____________________________________, the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Bidder’s Name:

Authorized Signature:

Name and Title:

Date:

City of Monterey Park Specification No. 2024-009
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 10 PUBLIC CONTRACT CODE SECTION 10162
In conformance with the above Public Contract Code Section, the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder any officer of such bidder, or any employee of such bidder who has a proprietary interest in such bidder
has never been___ has been___ (indicate YES or NO after applicable answer) disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation, and if so to explain the circumstances.

If the answer is has been YES explain the circumstances below:

Bidder’s Name:

Authorized Signature:

Name and Title:

Date:

City of Monterey Park Specification No. 2024-009
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 11 PUBLIC CONTRACT CODE SECTION 10232
In conformance with above Public Contract Code Section, the bidder hereby declares under penalty of perjury under the laws of the State of California that no more than one final, unappealable finding of contempt of court by a federal court has not been____ has been____ (indicate YES or NO after applicable answer) issued against the bidder within the immediately preceding two-year period because of the contractor's failure to comply with an order of a federal court which orders the contractor to comply with an order of the National Labor Relations Board. For purposes of this section, a finding of contempt does not include any finding which has been vacated, dismissed, or otherwise removed by the court because the contractor has complied with the order which was the basis for the finding.

Bidder’s Name:

Authorized Signature:

Name and Title:

Date:

City of Monterey Park Specification No. 2024-009
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 12 PUBLIC CONTRACT CODE SECTION 10285.1
In conformance with above Public Contract Code Section, the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder or any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof
has never been___ has been___ (indicate YES or NO after applicable answer) convicted within the preceding three years by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including, for the purposes of this article, the Regents of the University of California or the Trustees of the California State University.

Bidder’s Name:

Authorized Signature:

Name and Title:

Date:

City of Monterey Park Specification No. 2024-009
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 13

BIDDER INFORMATION
Bidder’s Name:________________________________________________________ Address: _____________________________________________________________ Form of Legal Entity: _______________________________________________ If a Corporation, State of Incorporation: __________ _____________________ State Contractor’s Class and License No.: _______________________________ Contact Person Information:

Name:________________________________ Title:
______________________________
E-mail: _______________________________ Tel:
_______________________________
The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint venturers, and/or corporate officers having a principal interest in this proposal:
________________________________________________________________ ________________________________________________________________ ________________________________________________________________ The date(s) of any voluntary or involuntary bankruptcy judgements against any principal having an interest in this proposal are as follows:
________________________________________________________________ ________________________________________________________________ All current and prior DBA’S, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows:
________________________________________________________________ ________________________________________________________________ Previous contract performance history:

Was any contract terminated previously:_______
If the answer to the above is “yes”, provide the following information:

City of Monterey Park Specification No. 2024-009
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 14 Contract/project name and number: __________________________________ Date of termination:_______________________________________________ Reason for termination:____________________________________________ Owner’s name:___________________________________________________ Owner contact person and tel. no.: ___________________________________

IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles, hands, and seals of all aforementioned principals this ____ day of ___________, 20__.

BIDDER __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________

Subscribed and sworn to this _____ day of _______________, 20__.

NOTARY PUBLIC ______________________________________________________

City of Monterey Park Specification No. 2024-009
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 15

PROPOSAL GUARANTEE

BID BOND
Bond No.:_____________
KNOW ALL MEN BY THESE PRESENTS that _______________________________, as BIDDER, AND _____________________________, as SURETY, are held and firmly bound unto the City of Monterey Park, in the penal sum of _______________________ ($ )dollars, lawful money of the United States, which is 10 percent of the total amount bid by BIDDER to the City of Monterey Park for the Bruggemeyer Library HVAC Improvements Specification No. 2024-009 (“Public Project”), for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firm by these presents.

THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to the City of Monterey Park for the above stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of the City of Monterey Park.

IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this ____ day of _______________, 20__.

SIGNED AND SEALED this day of , 20__.

PRINCIPAL SURETY

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

NOTE: All signatures shall be acknowledged by a notary public.

City of Monterey Park Specification No. 2024-009
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 16

PROPOSAL GUARANTEE
CERTIFIED CHECK or CASHIER’S CHECK
As an Alternative to Bid Bond, Bidder can provide Certified Check or Cashier’s Check as follows

Accompanying this proposal is a certified check or a cashier's check payable to the order of the City of Monterey Park, in the amount of
________________________________________________($ ) dollars, lawful money of the United States, which is 10 percent of the total amount bid by BIDDER to the City of Monterey Park for the Bruggemeyer Library HVAC Improvements Specification No. 2024-009 (“Public Project”).

The proceeds of the same shall become the property of said City if, in case this proposal shall be accepted by said City through the City Council, the undersigned shall fail to execute a contract, with and furnish the insurance and bonds required by the City of Monterey Park within the specified time; otherwise, the same is to be returned to the undersigned as set forth in the Instructions to Bidders.

Bidder’s Name:

Authorized Signature:

Name and Title:

Date:

--END OF SECTION--

City of Monterey Park Specification No. 2024-009
SECTION D. STANDARD SPECIFICATIONS Page D.1
SECTION D. STANDARD SPECIFICATIONS

CITY OF MONTEREY PARK

PUBLIC WORKS DEPARTMENT

STANDARD SPECIFICATIONS

Except as modified by these Standard Specifications, the provisions of the latest edition of the “Standard Specifications for Public Works Construction” (“Greenbook”) and its supplements prepared and promulgated by the Southern California Chapters of the American Public Works Association and the Associated General Contractors of America, constitute the Standard Specifications for this project. THESE STANDARD

SPECIFICATIONS ARE INTENDED TO, AND DO, TAKE PRECEDENCE OVER ANY CONFLICTING PROVISION OF THE GREENBOOK.

1. NUMBERING OF SECTIONS

The numbering of these Standard Specifications is NOT intended to conform with the Greenbook. Rather, the numbering is specific for these Standard Specifications. As noted at the outset, however, the provisions contained within these Standard Specifications supersede any conflicting clauses within the Greenbook and govern the contractual relationship between the Parties.

2. MODIFICATIONS

To the extent that the provisions of the Contract Documents conflict with the Green Book, the Contract Documents take precedence.

3. DEFINITIONS

Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in these Standard Specifications.

Acceptance – The date on which the City Council accepts the Work as complete.

Architect, Design Engineers, Soils Engineer, Structural Engineers – Advisors employed by the City.

Bidder – Any individual, firm, partnership, corporation, or combination thereof, submitting a proposal for the work contemplated, acting directly or through a duly authorized representative.

Compensable Delay – a delay entitling the Contractor to an adjustment of the Contract Sum and an adjustment of the Contract Time in accordance with this Agreement.

Due Notice – A written notification, given in due time, of a proposed action where such notification is required by the contract to be given a specified interval of time (usually 48

City of Monterey Park Specification No. 2024-009
SECTION D. STANDARD SPECIFICATIONS Page D.2
hours or two working days) before the commencement of the contemplated action.

Notification may be from Public Works Director to Contractor or from Contractor to Public Works Director.

Public Works Director – The City Public Works Director, or designee, as defined in the Greenbook. Unless otherwise provided, all correspondence and decisions made relative to the contract will be by the City Public Works Director or designee.

PCC – California Public Contract Code.

Prompt – The briefest interval of time required for a considered reply, including time required for approval of a governing body.

 (Check if applicable) State Standard Specifications - State of California Standard Specifications (https://dot.ca.gov/programs/design/ccs-standard-plans-and-standard- specifications).

Working Days – A working day is defined as any day, except Saturdays, Sundays, legal holidays and days when work is suspended by the Public Works Director.

4. ABBREVIATIONS
AAN American Association of Nurserymen
AGC Associated General Contractors of America
AISC American Institute of Steel Construction
APWA American Public Works Association
ASA American Standard Association
ASME American Society of Mechanical Engineers
IEEE Institute of Electric and Electronic Engineers
NEC National Electric Code
Greenbook The most current edition of the Standard Specifications for Public Works Construction, and subsequent supplements prepared by Public Works Standards, Inc.

WATCH Work Area Traffic Control Handbook
SPPWC Standard Plans for Public Works Construction by the American Public Works Association
SSPWC Standard Specifications for Public Works Construction by the American Public Works Association

5. ACCESS TO PROJECT SITE

Not later than the date designated in the City Notice to Proceed, the City will provide access to the real property and facilities upon which the Work is to be performed, including access to real property and facilities designated in the Contract Documents for the Contractor’s use.

6. SUBCONTRACTOR LISTING

City of Monterey Park Specification No. 2024-009
SECTION D. STANDARD SPECIFICATIONS Page D.3
Except as provided in PCC §§ 4100, et seq., each bidder will file with its bid the name and location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, or a subcontractor licensed by the State of California who, under subcontract to the prime contractor, specifically fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the prime contractor’s total bid. Only one subcontractor will be listed for each portion of the work, which portion will be defined in the bid. In each instance, the nature and extent of the work to be sublet will be described. The failure of the Contractor to specify a subcontractor, or the listing of more than one subcontractor for the same portion of the work, constitutes an agreement by the Contractor that it is fully qualified to perform that portion itself and that it will perform that portion itself.

The Contractor must have the City Council’s written consent to substitute a subcontractor other than that designated in the original bid, to permit any subcontract to be assigned or transferred, or to allow a subcontract to be performed by other than the original subcontractor.

Subcontracting of work for which no subcontractor was designated in the original bid, and which is more than one-half of one percent of the work, will be allowed only in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the City Council setting forth the facts constituting the emergency or necessity.

Violation of any of the above provisions will be considered a breach of the Contract, and the City may terminate the Contractor’s control over the Work, cancel the contract, or assess the Contractor a penalty of not more than 10 percent of the subcontract involved.

All persons engaged in the work, including subcontractors and their employees will be considered as employees of the Contractor. The Contractor will be solely responsible for and have control over construction means, methods, techniques, sequences, procedures, and the coordination of all portions of the Work. The City will deal directly with, and make all payments to, the prime Contractor.

When subcontracted work is not being prosecuted in a satisfactory manner, the Contractor will be notified to take corrective action. The Public Works Director may report the facts to the City Council. If the City Council so orders, and on receipt by the Contractor of written instructions from the Public Works Director, the subcontractor will be removed immediately from the Work. That subcontractor will not again be employed on the Work.

If licensure or proper licensure is controverted, then proof of licensure pursuant to this section must be made by production of a verified certificate of licensure from the Contractors’ State License Board which establishes that the individual or entity bringing the action was duly licensed in the proper classification of contractors at all times during

City of Monterey Park Specification No. 2024-009
SECTION D. STANDARD SPECIFICATIONS Page D.4
the performance of any act or contract covered by the action. Nothing in this subdivision requires any person or entity controverting licensure or proper licensure to produce a verified certificate. When licensure or proper licensure is controverted, the burden of proof to establish licensure or proper licensure is on the licensee.

The Contractor will submit experience statements for each subcontractor who will perform contract work that amounts to more than 10% of the Work.

7. CONTRACT BONDS

The Faithful Performance Bond and the Labor and Materials Bond must be paid and in effect for one year after the acceptance of the job by the City in accordance with the guarantee required by the Greenbook.

The term “surety bond,” “guarantee,” and “bond” also includes such other acceptable security, such as letters of credit or cash deposit agreements issued by responsible financial institutions, which are approved by the City Attorney. Sureties must be admitted to do business in California.

8. CONTRACT DOCUMENTS

The Contractor will maintain the following at the Work site:

 One as-built copy of the Plans and Specifications, in good order and marked to record current changes and selections made during construction. As-built plans must be submitted to the City representative for approval before the City pays a final retention amount.

 The current accepted Contract Schedule.

 Shop Drawings, Product Data, and Samples.

 Approved permits from other agencies, including Cal-OSHA permits for trench shoring.

 All other required submittals.

The Plans, Specifications, and other Contract Documents will govern the Work. The Contract Documents are intended to be complementary and cooperative and to describe and provide for a complete project. Anything in the Specifications and not on the Plans, or on the Plans and not in the Specifications, will be as though shown or mentioned in both.

Payment for any items on the plans for which there is no specific bid item will be included in the various items of work or in any item to which it is appurtenant.

City of Monterey Park Specification No. 2024-009
SECTION D. STANDARD SPECIFICATIONS Page D.5
If the Contractor performs any work which it knows or should know involves an error, inconsistency, or omission without notifying and obtaining written consent from the Public Works Director, the Contractor will be responsible for the resulting losses, including, without limitation, the costs of correcting defective work.

9. PRECEDENCE OF CONTRACT DOCUMENTS

As the figured dimensions shown on the plans and in the specifications of the Contract may not in every case agree with scaled dimensions, the figured dimensions will be followed in preference to the scaled dimensions and plans to a large scale will be followed in preference to the plans to a small scale. Should it appear that the work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained in the Contract, the Contractor will apply to the Public Works Director for such further explanations as may be necessary and will conform thereto as part of the Contract so far as may be consistent with the terms thereof. Any items shown on drawings and not mentioned in the specifications will be of like effect as if shown or mentioned in both.

10. ACCURACY OF PLANS AND SPECIFICATIONS

Although it is believed that much of the information pertaining to conditions and existing utilities that may affect the cost of the Work will be shown on the Plans or indicated in the Specifications, the City does not warrant the completeness or accuracy of such information.

The Contractor will carefully study and compare each of the Contract Documents with the others and with information furnished by the City and will promptly report in writing to the Public Works Director any errors, inconsistencies, or omissions in the Contract Documents or inconsistencies with applicable law observed by the Contractor.

The Contractor will take field measurements, verify field conditions, perform soil investigations, and carefully compare with the Contract Documents such field measurements, conditions, and other information known to the Contractor before commencing the Work. Errors, inconsistencies, or omissions discovered at any time will be promptly reported in writing to the Public Works Director.

11. RIGHT-OF-WAY

When the Contractor arranges for additional temporary work areas and facilities, the Contractor will provide the City with proof that the additional work areas or facilities were left in a condition satisfactory to the owner(s) of said work areas or facilities before acceptance of the work.

12. SURVEYING

City of Monterey Park Specification No. 2024-009
SECTION D. STANDARD SPECIFICATIONS Page D.6
The Contractor will provide for all construction surveying required to layout, monitor and complete the work. The surveying will be performed by a Land Surveyor or Civil Engineer authorized to practice land surveying by the State of California.

The Contractor will establish all necessary control lines based on the plans and record information on file with the County of Los Angeles Surveyor and the Public Works Director.

It is the Contractor’s responsibility to protect the survey control as shown on the plans. If the survey control is destroyed or disturbed during construction, the Contractor will provide for resetting them and file appropriate documents with the County of Los Angeles at the direction of the Public Works Director.

Computations, survey notes, and other data used to accomplish the work will be neat, legible and accurate. Copies of all computations, survey notes, and other data (electronic format may be required) will be furnished to the Public Works Director before beginning work that requires their use.

13. MEASUREMENT AND PAYMENT

Construction Survey – Unless a separate bid item is provided, payment will be considered included in the other items of the bid and no additional payment will be made therefore.

14. BASIS FOR ESTABLISHING COSTS

Regardless of ownership, the rates to be used in determining the equipment usage costs will not exceed those listed for the same or similar equipment in the California State Department of Transportation publication of Labor Surcharge and Equipment Rates effective for the period of usage.

15. MARK UP

Work by Contractor. The following percentages will be added to the Contractor’s costs and will constitute the markup for all overhead and profits.

Labor .................................................... 20 Materials .................................................... 15 Equipment Rental .................................................... 15 Other Items and Expenditures .............................................. 15

To the sum of the costs and markups provided for in this subsection, 1 percent will be added as compensation for bonding. No other formula, e.g., the Eichleay or other method, may be used to calculate daily damages for office overhead, profit, or other purported loss.

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Work by Subcontractors. When all or any part of the extra work is performed by a Subcontractor, the markup established in this Section will be applied to the Subcontractor’s actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of 5 percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor.

In the event that City becomes liable to Contractor for compensable delays, City agrees to pay Contractor the daily Contractor Delay Damages set forth in the Bid Form or Contractor’s actual daily delay damages, whichever is less, for each day of Compensable Delay as provided for by these Contract Documents.

16. DAILY REPORTS BY CONTRACTOR

If disagreement continues regarding extra work, the Contractor may seek compensation in accordance with the Claims procedure. Daily Reports required by this subsection must be made part of the Claim as supporting data for the Claim.

17. CHANGED CONDITIONS

If the Contractor encounters concealed or unknown conditions that differ materially from those anticipated or expected (“changed conditions”), the Contractor will immediately notify the Public Works Director in writing of such changed conditions (upon discovery and before disturbing such changed conditions), so that the Public Works Director can determine if such conditions require design details that differ from those design details shown in the Contract Documents. Notwithstanding any other time period, the Contractor is liable to City for any extra costs incurred as a result of the Contractor’s failure to promptly give such notice.

Changed conditions include, without limitation, the following:

 Subsurface or latent physical conditions differing materially from those represented in the Contract Documents;

 Unknown physical conditions of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character being performed; and

 Material differing from what is represented in the Contract which the Contractor believes may be hazardous waste as defined in California Health & Safety Code § 25117 that is required to be removed to a Class I, II, or III disposal site in accordance with applicable law.

The Public Works Director will promptly investigate conditions that appear to be changed conditions. The Public Works Director’s decision, and any dispute regarding that

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decision, will be made in accordance with the Greenbook except that the Public Works Director will render a decision promptly.

Any information provided pursuant to INFORMATION AVAILABLE TO BIDDERS is subject to the following provisions:

 The information is made available for the Bidders’ convenience and is not a part of the Contract.

 The City has not determined the accuracy or completeness of such information and all such information is made available to Bidders without any representation or warranty by the City whatsoever as to its accuracy, completeness, or relevancy.

 Bidders will independently evaluate such information for their use and will be solely responsible for use or interpretation of such information. Any such use or interpretation will not be the basis of any claim against the City.

18. DISPUTED WORK

If the Contractor and the City do not reach agreement on disputed work, the City may direct the Contractor to proceed with the work. Any payment for the disputed work will be determined pursuant to the claims procedures in these Standard Specifications.

Although not to be construed as proceeding under extra work provisions, the Contractor will keep and furnish records of disputed work as required by the Contract Documents.

19. INSPECTION REQUIREMENTS

Unless otherwise specified, inspection at the source of production for such materials and fabricated items as bituminous paving mixtures, structural concrete, fabricated metal products, cast metal products, welding, reinforced and unreinforced concrete pipe, application of protective coatings, and similar shop and plant operations is not required.

A certificate of compliance, signed by an authorized officer of the producer, certifying compliance with the contract documents will be submitted for all of the following materials: steel pipe, sizes less than 18 inches; vitrified clay pipe; asbestos cement pipe; cast iron pipe; reinforced concrete pipe; non-reinforced concrete pipe; and PVC sewer and water pipe; subject to sampling and testing by City.

Standard items of equipment, such as electric motors, conveyors, plumbing fittings and fixtures, lumber, plywood, and so on, are subject to inspection at the job site.

All other equipment items will be inspected and tested in accordance with the contract documents.

The City does not provide full time inspection. The Contractor will provide 24-hour minimum notice for each inspection required by the work unless other arrangements have been agreed upon, in writing, with the Public Works Director. Any inspection

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required outside of normal working hours and days, including holidays, will be at the Contractor’s cost at rates established by the City.

20. INSPECTION OF MATERIALS NOT PRODUCED LOCALLY

Contractor purchased materials, fabricated items, and equipment, produced at sources located more than 50 miles outside the corporate limits of the City, and which are specified to be inspected in the Contract Documents, will be inspected by inspectors or testing laboratories arranged for and paid for by City. Report of such inspection must be submitted to the City. If any item inspected fails to meet the specified criteria, the Contractor will pay all costs for reinspection, and such costs may be deducted from payments due to the Contractor.

21. TRADE NAMES OR EQUALS

Whenever any material, product, equipment, or service is specified by brand, trade, or proprietary name, the item so specified will be deemed to be followed by the words “or equal.”

For the City’s consideration of a proposed “equal” item, the Bidder must submit, a minimum of 10 calendar days before the date of the bid opening, documentation of the particulars of the proposed “equal item.” At a minimum, the submitted documentation will include:

 Written request with explanation of why the product should be considered as an equal product.
 Material specifications.
 Technical specifications.
 Test data.
 Samples.
 Comparison chart of key specifications of the “equal” item against similar specifications of the specified item.
 Work locations and reference telephone numbers of at least three (3) locations where the proposed “equal” item has been recently installed under similar conditions.
 Warranty data.

The Bidder will be notified by the Public Works Director whether or not the proposed “equal” product is acceptable to the City five calendar days before the date of the bid opening. Failure to submit all required documentation and/or submittal of incomplete documents may result in the City’s rejection of the proposed “equal” product without further consideration.

22. PROTECTION

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If the Contractor, while performing the Work, discovers utility facilities not identified correctly or not shown in the contract plans or specifications by the City, the Contractor will immediately notify the City and utility owner in writing.

23. RESPONSIBILITY OF UTILITY REMOVAL OR RELOCATION

The City is responsible to arrange for the removal, repair, or relocation of existing utilities located within the project limits if such utilities are not correctly identified in the contract plans or specifications by the City. The City has sole discretion to perform repairs or relocation work or permit the Contractor to do such repairs or relocation.

24. DELAYS

Actual loss is understood to include no items of expense other than idle time of equipment and necessary payments for idle time of workers, cost of extra moving of equipment, and cost of longer hauls. Compensation for idle time of equipment and idle time of workers will be determined by these Standard Specifications and no markup will be added in either case for overhead and profit. The cost of extra moving of equipment and the cost of longer hauls will be paid for as extra work.

25. CALCULATING IDLE TIME

Equipment and worker idle time is calculated in accordance with these Standard Specifications and the Greenbook; it is based upon the actual normal working time during which the delay condition exists, but in no case will exceed 8 hours in any one day. The days for which compensation will be paid will be the calendar days, excluding Saturdays, Sundays and legal holidays, during the existence of the delay.

26. CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK

A. Pre-Construction Meeting:

After contract award, City will arrange for a pre-construction meeting to discuss the construction of the project. City will invite utility agencies and the contractor will arrange for all of its sub-contractors to attend the meeting.

B. Contract Schedule

After notification of award and before starting any work, the Contractor will submit a Contract Schedule to the Public Works Director for review, as required by these Standard Specifications within 15 calendar days of award.

C. Contract Schedule Content

The Contract Schedule, and any updated Contract Schedule, will meet the following requirements:

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 Schedules must be suitable for monitoring progress of the Work.  Schedules must provide necessary data about the time for the Public Works Director’s decisions.
 Schedules must be sufficiently detailed to demonstrate adequate planning for the Work.
 Schedules must represent a practical plan to complete the Work within the Contract Time.
 Schedules must show the critical path method for completing the Work.

The Public Works Director’s review of the form and general content of the Contract Schedule and any updated Contract Schedules is only for the purpose of determining if the listed requirements are satisfied, nothing more.

D. Effect of Contract Schedule

The Contract Schedule, and any updated Contract Schedules, will represent a practical plan to complete the Work within the Contract Time. Extension of any schedule beyond the Contract Time will not be acceptable. Schedules showing the Work completed in less than the Contract may be acceptable if judged by the Public Works Director to be practical. Acceptance of such a schedule by the Public Works Director will not change the Contract Time. The Contract Time, not the Contract Schedule, will control in determining liquidated damages payable by the Contractor and in determining any delay.

If a schedule showing the Work completed in less than the Contract Time is accepted, the Contractor will not be entitled to extensions of the Contract Time for Excusable Delays or Compensable Delays or to adjustments of the Contract Sum for Compensable Delays until such delays extend the completion of the Work beyond the expiration of the Contract Time.

The Contractor will plan, develop, supervise, control, and coordinate the performance of the Work so that its progress and the sequence and timing of Work activities conform to the current accepted Contract Schedule. The Contractor will continuously obtain from Subcontractors information and data about the planning for and progress of the Work and the delivery of equipment, will coordinate and integrate such information and data into updated Contract Schedules, and will monitor the progress of the Work and the delivery of equipment. The Contractor will act as the expeditor of potential and actual delays, interruptions, hindrances, or disruptions for its own forces and those forces of Subcontractors. The Contractor will cooperate with the Public Works Director in developing the Contract Schedule and updated Contract Schedules.

The Public Works Director’s review and comments about any schedule or scheduling data will not relieve the Contractor from its sole responsibility to plan for, perform, and complete the Work within the Contract Time. Review and comments about any schedule will not transfer responsibility for any schedule to the Public Works Director or City nor

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imply their agreement with (1) any assumption upon which such schedule is based or (2) any matter underlying or contained in such schedule.

The Public Works Director’s failure to discover errors or omissions in schedules that have been reviewed, or to inform the Contractor that the Contractor, Subcontractors, or others are behind schedule, or to direct or enforce procedures for complying with the Contract Schedule will not relieve the Contractor from its sole responsibility to perform and complete the Work within the Contract Time and will not be a cause for an adjustment of the Contract Time or the Contract Sum.

The Contractor will perform the Work in accordance with the currently accepted Contract Schedule.

E. Commencement of Contract Time

The Contract Time will commence when the City issues a Notice to Proceed. The Work will start on the date specified in the Notice to Proceed and within a maximum of 15 calendar days after the date of the Notice to Proceed and be diligently prosecuted to completion with the time provided in the Specifications.

27. DEFAULT BY CONTRACTOR

A. General

Should the Contractor fail to begin delivery of material and equipment, to commence the Work within the time specified, to maintain the rate of delivery of material, to execute the Work in the manner and at such locations as specified, or fail to maintain the Work schedule (as determined by the current accepted Contract Schedule) which will ensure the City’s interest, or if the Contractor is not carrying out the intent of the Contract, the City may serve written notice upon the Contractor and the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract.

B. Termination of Contractor’s Control Over the Work

City may terminate the Contractor’s control over the Work without liability for damages when, in the City’s opinion, the Contractor is not complying in good faith, has become insolvent, or has assigned or subcontracted any part of the Work without the City’s consent. Should such termination occur, the Contractor will be paid the actual amount due based on Contract Unit Prices or lump sums bid and the quantity and quality of the Work completed at the time of termination, less damages caused to the City by the Contractor’s action or inaction.

In the event of such termination of control, the City may do any one, or combination of, the following:

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 Serve written notice upon the Surety on its Faithful Performance Bond demanding satisfactory compliance with the Contract. In such event the Surety will, within 5 days, assume control and perform the Work as successor to the Contractor;  The City may perform the Work itself and deduct the cost thereof from any payment due to the Contractor;
 The City may replace the Contractor with a different contractor to complete the work and deduct the cost thereof from any payment due to the Contractor.

Nothing herein will waive, or serve as a limitation upon, any additional remedy the City may have under these Contract Documents or applicable law.

C. Surety’s Assumption of Control

Should the Surety assume any part of the Work, it will take the Contractor’s place in all respects for that part and will be paid by the City for all work performed by it in accordance with the Contract. If the Surety assumes the entire Contract, all money due the Contractor at the time of its default will be payable to the Surety as the Work progresses, subject to the terms of the Contract.

If the Surety does not assume control and perform the Work within five days after receiving notice of cancellation, or fails to continue to comply, the City may exclude the Surety from the premises. The City may then take possession of all material and equipment and complete the Work by City’s forces, by letting the unfinished work to another contractor, or by a combination of such methods. In any event, the cost of completing the Work will be charged against the Contractor and its Surety and may be deducted from any money due or becoming due from the City. If the sums due under the Contract are insufficient for completion, the Contractor or Surety will pay to the City within five days of completion, all costs in excess of the sums due.

The provisions of this subsection will be in addition to all other rights and remedies available to the City under applicable law.

28. DELAYS AND EXTENSIONS OF TIME

A. General

If delays are caused by unforeseen events beyond the control of the Contractor, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor will not be entitled to damages or additional payment due to such delays except as otherwise provided herein. Excusable delay may include war, earthquakes exceeding 3.5 on the Richter Scale, government regulation, labor disputes outside the contemplation of the parties, strikes outside the contemplation of the parties, fires, floods, changes to the Work as identified herein, or other specific events that may be further described in the Specifications.

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Delays to the project caused by labor disputes or strikes involving trades not directly related to the project, or involving trades not affecting the project as a whole will not warrant an extension of time.

The City will not grant an extension of time for a delay by the Contractor’s inability to obtain materials unless the Contractor furnishes to the Public Works Director documentary proof. The proof must be provided in a timely manner in accordance with the sequence of the Contractor’s operations and accepted construction schedule.

Should delays be caused by events other than those included herein, the Public Works Director may, but is not required to, deem an extension of time to be in the City’s best interests.

B. Extensions of Time

If granted, extensions of time will be based upon the effect of delays to the critical path of the Work as determined by the current accepted Contract Schedule. Delays to minor portions of the Work that do not affect the critical path will not be eligible for extensions of time.

C. Payment for Delays to Contractor

Any payment for compensable delay will be based upon actual costs excluding, without limitation, what damages, if any, the Contractor may have reasonably avoided. The Contractor understands that this is the sole basis for recovering delay damages and explicitly waives any right to calculate daily damages for office overhead, profit, or other purported loss, using different formulas including, without limitation, the Eichleay Formula.

D. Written Notice and Report

If the Contractor desires payment for a delay or an extension of time, it will give the Public Works Director written notice of such request not later than the time limit set forth in the Proposal for submitting a claim after the event or occurrence giving rise to a delay claim.

Failure to submit a written request within such amount of time will result in the Contractor waiving its delay claim.

Any claim for payment or an extension of time must be in the form required by the “Claims” sections of these Standard Specifications.

In no event will the City grant the Contractor an extension of time if the delay is within the Contract Time as identified by the Contract Documents.

WORKDAYS AND WORKING HOURS

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City Hall is ordinarily open from Monday thru Thursday during normal working hours (8 a.m. to 6:00 p.m.). City Hall is closed on Fridays and on the following holidays:

New Year’s Day - January 1
Martin Luther King, Jr. Day - January 17
President’s Day - February 21
Memorial Day - May 30
Independence Day - July 4
Labor Day - September 05
Veterans’ Day - November 11
Thanksgiving - November 24
Christmas Eve - December 24
Christmas - December 25
New Year’s Eve - December 31

If the Contractor requests an inspection on a day when City Hall is closed, then the Contractor will have to reimburse the City for the costs of inspection. The Contractor must request such an inspection at least 48 hours in advance. City inspections during hours when City Hall is closed are subject to inspection overtime fees to be paid for by the Contractor. Friday work that does not require inspection can be done without an inspection fee and must be discussed with City staff before its occurrence. If the Contractor does construction on a Friday or a day when City Hall is closed, that day is counted as a project working day.

On workdays, Contractor’s activities will be confined to the hours between 7:00 a.m. and 4:00 p.m.

A. Night Work

Except as otherwise provided in the Technical Specifications or separate permit, City does not permit Work between the hours of 4 p.m. and 7 a.m. of the following day.

B. Weekend and Holiday Work

The Public Works Director may, but is not required to, allow the Contractor to work on Saturdays, Sundays and City Holidays.

30. COMPLETION AND ACCEPTANCE

The Work will be inspected by the Public Works Director for acceptance upon the Public Works Director receiving the Contractor’s written assertion that the Work is complete.

If, in the Public Works Director’s judgment, the Work is complete and is ready for acceptance, the Public Works Director will accept the Work on behalf of the City in the manner prescribed by the City. Once a Notice of Completion is issued, the Contractor is relieved from responsibility to protect the Work.

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All work will be guaranteed by the Contractor against defective workmanship and materials furnished by the Contractor for a minimum period of one year from the date the Work was completed. The Contractor will replace or repair any such defective work in a manner satisfactory to the Public Works Director, after notice to do so from the Public Works Director, and within the time specified in the notice. If the Contractor fails to make such replacement or repairs within the time specified in the notice, the City may perform this work and the Contractor’s sureties will be liable for the cost thereof.

31. LIQUIDATED DAMAGES

If all the Work is not completed before or upon the expiration of the Contract Time, City will sustain damage. Since it is and will be impracticable to determine the actual damage which the City will sustain in the event of and by reason of such delay, it is agreed that the Contractor will pay to the City the sum specified in the Proposal for each and every calendar day beyond the time prescribed to complete the work not as a penalty, but as a predetermined liquidated damage. The Contractor agrees to pay such liquidated damages as are herein provided, and in case the same are not paid, agrees that the City may deduct the amount thereof from any money due or that may become due to the Contractor under the contract.

Unless otherwise specified, liquidated damages will be $1000 per calendar day.

32. DISPUTES AND CLAIMS; PROCEDURE

A. General

Consistent with PCC §§ 9204 and 10240.6, “Claim” means a written demand or assertion by the Contractor that seeks an adjustment or interpretation of the terms of the Contract Documents, payment of money, extension of time, or other relief with respect to the Contract Documents, including a determination of disputes or matters in question between the City and the Contractor arising out of or related to the Contract Documents or the performance of the Work, and claims alleging an unforeseen condition or an act, error, or omission by the City, the Public Works Director, their agents or employees. “Claim” does not mean, and the Claims procedures herein do not apply, to the following:

 Claims respecting penalties for forfeitures prescribed by statute or regulations, which a government agency is specifically authorized to administer, settle, or determine.
 Claims respecting personal injury, death, reimbursement, or other compensation arising out of or resulting from liability for personal injury or death.  Claims respecting a latent defect, breach of warranty, or guarantee to repair.  Claims respecting stop notices.

If a Claim is subject to the Change Order procedures, the Claim arises upon the issuance of a written final decision denying in whole or in part the Contractor’s Change Order

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Request. If a Claim is not subject to the Change Order Procedures, the Claim arises when the Contractor discovers, or reasonably should discover, the condition or event giving rise to the Claim. The requirements of this Section are intended to supplement and implement PCC § 9204, a copy of which is attached for reference. Accordingly, pursuant to PCC § 9204(f), the parties agree to utilize these Standard Specifications.

B. Form

A Claim must include the following:

 A statement that it is a Claim and a request for a decision.

 A detailed description of the act, error, omission, unforeseen condition, event or other condition giving rise to the Claim.

 If the Claim is subject to the Change Order procedures, a statement demonstrating that a Change Order Request was timely submitted and denied.

 A detailed justification for any remedy or relief sought by the Claim, including to the extent applicable, the following:

 If the Claim involves extra work, a detailed cost breakdown claimed. The breakdown must be provided even if the costs claimed have not been incurred when the Claim is submitted.

 To the extent costs have been incurred when the Claim is submitted, the Claim must include actual cost records (including, without limitation, payroll records, material and rental invoices) demonstrating that costs claimed have actually been incurred.

 To the extent costs have not yet been incurred at the time the Claim is submitted, actual cost records must be submitted on a current basis not less than once a week during any time period costs are incurred. A cost record will be considered current if submitted within seven calendar days of the date the cost reflected in the record is incurred. At the Public Works Director’s request, claimed extra costs may be subject to further verification procedures (such as having an inspector verify the performance of alleged extra work on a daily basis).

 If the Claim involves an error or omission in the Contract Documents:

 An affirmative representation that the error or omission was not discovered before submitting a bid for the Contract; and

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 A detailed statement demonstrating that the error or omission reasonably should not have been discovered by the Contractor, its Subcontractors and suppliers, before submitting a bid for the Contract.

 If the Claim involves an extension of the Contract Time, written documentation demonstrating the Contractor’s entitlement to a time extension.

 If the Claim involves an adjustment of the Contract Sum for delay, written documentation demonstrating the Contractor’s entitlement to such an adjustment.

 A personal certification from the Contractor that reads as follows:

“I, , BEING THE (MUST BE AN

OFFICER) OF (CONTRACTOR
NAME),

DECLARE UNDER PENALTY OF PERJURY UNDER CALIFORNIA LAW, AND DO

PERSONALLY CERTIFY AND ATTEST THAT I HAVE THOROUGHLY REVIEWED THE

ATTACHED CLAIM FOR ADDITIONAL COMPENSATION OR EXTENSION OF TIME, AND KNOW ITS CONTENTS, AND SAID CLAIM IS MADE IN GOOD FAITH; THE SUPPORTING DATA IS TRUTHFUL AND ACCURATE; THAT THE AMOUNT

REQUESTED ACCURATELY REFLECTS THE CONTRACT ADJUSTMENT FOR WHICH THE CONTRACTOR BELIEVES CITY IS LIABLE; AND, FURTHER, THAT I AM FAMILIAR WITH CALIFORNIA PENAL CODE § 72 AND CALIFORNIA GOVERNMENT CODE § 12650, ET SEQ., PERTAINING TO FALSE CLAIMS, AND FURTHER KNOW

AND UNDERSTAND THAT SUBMITTING OR CERTIFYING A FALSE CLAIM MAY LEAD TO FINES, IMPRISONMENT, AND OTHER SEVERE LEGAL CONSEQUENCES.”

C. Claims Submitted to Public Works Director

Within 30 calendar days after the circumstances giving rise to a Claim occur, the Contractor will submit its Claim to the Public Works Director for a decision. Regardless of any Claim submittal, or any dispute regarding a Claim, unless otherwise directed by the Public Works Director, the Contractor will not cause any delay, cessation, or termination of the Work, but will diligently proceed with the performing the Work in accordance with the Contract Documents. Except as otherwise provided, the City will continue to make payments in accordance with the Contract Documents.

D. Claim Is Prerequisite to Other Remedy

The Contractor certifies that it is familiar with PCC § 10240.2 and understands and agrees that submitting a Claim in accordance with these Specifications is an express condition precedent to the Contractor’s right to otherwise pursue a claim whether through alternative dispute resolution or by litigation. Should the Contractor fail to submit a claim in accordance with these Specifications, including the time limits set forth herein, it will waive any right to a remedy, whether in law or equity, it might otherwise have pursuant to the Contract Documents or applicable law.

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E. Decision on Claims

The Public Works Director will promptly review Claims submitted by the Contractor in accordance with these Standard Specifications. Should the Public Works Director require additional supporting evidence to evaluate the claim, the Public Works Director will request such additional information in writing. Any such requested data will be furnished not later than 10 calendar days after the Contractor receives the Public Works Director’s request.

The Public Works Director will render a decision not later than 30 calendar days after either receiving the Claim or the deadline for furnishing additional supporting data, whichever is later. If the Claim amount is more than $50,000, the time period will be extended to 60 days. If the Public Works Director fails to render a decision within the time period established herein, then the Claim will be deemed denied. The Public Works Director’s decision will be final and binding unless appealed in accordance with these Specifications.

The Public Works Director’s decision on a Claim will include a statement substantially as follows:

“This is a decision pursuant to the Standard Specifications of your contract. If you are dissatisfied with the decision and have complied with the procedural requirements for asserting claims, you may have the right to alternative dispute resolution or litigation.

Should you fail to take appropriate action within 30 calendar days of the date of this decision, the decision will become final and binding and not subject to further appeal.”

F. Appeal of Public Works Director’s Decision

Should the Contractor dispute the Public Works Director’s decision, then the Contractor must appeal that decision to the City Manager within 30 calendar days of receiving the Public Works Director’s decision.

The City Manager will address disputes or claims within 30 calendar days after receiving such request and all necessary supporting data. The City Manager’s decision on the dispute or claim will be the City’s final decision.

If the Contractor disputes the City Manager’s decision, then the Contractor must demand alternative dispute resolution in accordance with this Section and the PCC within 30 calendar days of the City’s final decision.

G. Mediation

If the City and the Contractor agree, disputes between the parties may be submitted to non-binding mediation. If the parties cannot agree to an alternative form of mediation, then mediation will be administered by the American Arbitration Association (“AAA”) under its

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Construction Industry Mediation Rules, unless the use of such rules are waived by mutual stipulation of both parties.

The parties may, but are not required to be, represented by counsel in mediation.

The requirement for mediation will not alter or modify the time limitations otherwise provided for claims and no conduct or settlement negotiation during mediation will be considered a waiver of the City’s right to assert that claim procedures were not followed.

H. Arbitration

If the City and Contractor do not agree to mediation, then disputes will be submitted to neutral non-binding (except as provided herein) arbitration. Arbitration will be conducted in accordance with PCC § 10240.3. Any decision rendered by an arbitrator will be consistent with PCC § 10240.8.

The exclusive venue for any arbitration will be in Los Angeles County.

The expenses and fees of the arbitrators and the administrative fees, if any, will be divided among the parties equally. Each party will pay its own counsel fees, witness fees, and other expenses incurred for its own benefit.

I. When Arbitration Decision Becomes Binding

The decision rendered by the arbitrator will become binding upon the parties unless appealed to the Los Angeles County Superior Court pursuant to PCC § 10240.12 within 30 calendar days of the decision. If subsequent litigation results in an award to the party appealing the arbitration that is less than or equal to that of the arbitration decision, or if the litigation results in a decision in favor of the nonappealing party, then the party appealing the arbitration will pay the nonappealing party’s attorney’s fees and court costs.

J. Appeal to Superior Court; Waiver of Jury Trial

Should a party timely object to the arbitration decision, it may file a petition with the Los Angeles County Superior Court in accordance with California Code of Civil Procedure (“CCP”) §§ 1285, et seq. Notwithstanding the limitations set forth in CCP § 1286.2, the court may vacate, correct, or adjust an arbitration award, and enter judgment in accordance with CCP § 1287.4, for any legal or equitable basis including, without limitation, error of law. The court will apply the substantial evidence standard of review when considering the appeal of an objecting party.

BY EXECUTING THESE CONTRACT DOCUMENTS, THE CONTRACTOR AGREES

TO HAVE DISPUTES OR CONTROVERSY CONCERNING THE CONSTRUCTION,

INTERPRETATION, PERFORMANCE, OR BREACH OF THESE CONTRACT

DOCUMENTS, INCLUDING CLAIMS FOR BREACH OF CONTRACT OR ISSUES OF

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BAD FAITH DECIDED IN ACCORDANCE WITH THIS SECTION. BOTH THE CITY

AND THE CONTRACTOR WAIVE THEIR RIGHT TO A JURY TRIAL FOR THESE DISPUTES OR ISSUES.

33. PREVAILING WAGES

The Contractor will post at appropriate conspicuous points at the site of the project a schedule showing determinations of the Director of Industrial Relations of the prevailing rate of per diem wages. It will be the Contractor’s responsibility to obtain copies of the prevailing rate of per diem wages. One source that may be used is the California Department of Industrial Relations website which is currently located at www.dir.ca.gov, or by calling the Prevailing Wage Unit at (415) 703-4774.

Attention is directed to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the employment of apprentices by the Contractor or any subcontractor.

Labor Code § 1777.5 requires the Contractor or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except:

 When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 calendar days before the request for certificate, or

 When the number of apprentices in training in the area exceeds a ratio of one to five, or

 When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or

 When the Contractor provides evidence that the Contractor employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen.

The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if the Contractor employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other contractors on the public works site are making such contributions.

The Contractor and any subcontractor will comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices.

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Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

34. RECORD OF WAGES PAID: INSPECTION

Every Contractor and subcontractor will keep an accurate certified payroll records showing the name, occupation, and the actual per diem wages paid to each worker employed in connection with the Work. The record will be kept open at all reasonable hours to the inspection of the body awarding the contract and to the Department of Industrial Relations. If requested by the City, the Contractor will provide copies of the records at its cost.

35. LIABILITY INSURANCE

Contractor must comply with City’s insurance requirements for public works projects which are adopted by City Council resolution (the “Insurance Matrix”). At the time of executing this contract, City Council Resolution No. 11750, adopted June 17, 2015, constitutes the Insurance Matrix for this contract. Contractor will provide endorsements or other proof of coverage for contractual liability in accordance with the Insurance Matrix.

The cost of such insurance will be included in the various items of work in the Contractor’s bid and no additional compensation for purchasing insurance or additional coverage needed to meet these requirements will be allowed.

In the event that any required insurance is reduced in coverage, cancelled for any reason, voided or suspended, Contractor agrees that City may arrange for insurance coverage as specified, and Contractor further agrees that administrative and premium costs may be deducted from payments due to the Contractor. Contractor will not be allowed to work until alternate coverage is arranged.

Coverage will not extend to any indemnity coverage for the active negligence of the additional insured if the agreement to indemnify the additional insured would be invalid under Civil Code § 2782(b).

36. INDEMNIFICATION AND DEFENSE

In addition to all other provisions of the Contract Documents including, without limitation, the Greenbook, as between the City and Contractor, Contractor will take and assume all responsibility for the work as stated herein or shown on the plans.

The Contractor will bear all losses and damages directly or indirectly resulting to it, to the City, its officers, employees, and agents, or to others on account of the performance or character of the work, unforeseen difficulties, accidents, traffic control, job site maintenance, or any other causes whatsoever.

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The Contractor will assume the defense of and indemnify and save harmless the City of Monterey Park, its officers, employees, and agents, from and against any and all claims, losses, damage, expenses and liability of every kind, nature, and description, directly or indirectly arising from the performance of the contract or work, regardless of responsibility for negligence, and from any and all claims, losses, damage, expenses, and liability, howsoever the same may be caused, resulting directly, or indirectly from the nature of the work covered by the contract, regardless of responsibility for negligence, to the fullest extent permitted by law. In accordance with Civil Code § 2782, nothing in this Section will require defense or indemnification for death, bodily injury, injury to property, or any other loss, damage or expense arising from the sole negligence or willful misconduct of the City, or its agents, servants or independent contractors who are directly responsible to the City, or for defects in design furnished by such persons.

Moreover, nothing in this Section will apply to impose on the Contractor, or to relieve the City from, liability for active negligence of the City.

The City does not, and will not, waive any rights against the Contractor which it may have by reason of the aforesaid hold harmless agreements because of the acceptance by the City, or deposit with City by Contractor, of any insurance policies. This hold harmless agreement by the Contractor applies to all damages and claims for damages of every kind suffered or alleged to have been suffered by reasons of any of the aforesaid operations of Contractor, or any subcontractor, regardless of whether or not such insurance policies are determined to be applicable to any of such damages or claims for damages.

No act by the City, or its representatives in processing or accepting any plans, in releasing any bond, in inspecting or accepting any work, or of any other nature, will in any respect relieve the Contractor or anyone else from any legal responsibility, obligation or liability he might otherwise have.

37. PERMITS

The Contractor will apply for permits required by the City. These permits including, without limitation, a business license, will be issued on a “no-fee” basis. However, the Contractor must pay for and obtain all other permits from other governmental and utility agencies necessitated by their operations but cannot charge the City an administrative fee for obtaining such permits.

All bonding fees, (overweight and oversized vehicle permit fees) inspection permit fees or other fees charged or required for such permits must be paid by the Contractor. These costs will be included in the bid item provided. If no bid item is included, costs will be included in the various items of work, and no additional payment will be allowed.

38. CLEANUP AND DUST CONTROL

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On any construction project requiring trenching within public streets and for which total trenching is in excess of 500 feet, the Contractor will be required to sweep the worksite utilizing a pick-up type of street sweeper a minimum of once daily.

39. WATERING

Water for dust control caused by Contractor’s operations or the passage of traffic through the work will be applied as necessary or as directed by the Public Works Director. Water for the above or other purposes may be obtained from any approved source. If the Contractor chooses to use a City fire hydrant upon placing deposits and fees as described in this contract, the Public Works Director will cause a meter to be installed.

All water used from the hydrant will be metered and charged to the Contractor at the prevailing rate plus the current daily meter rental rate. The Contractor will be charged a $15 reconnect fee if the Contractor wishes to move the meter to a different hydrant.

Costs of water to be used will be included in the cost of various bid items.

40. WATER POLLUTION CONTROL

The following requirements are added to establish storm water and urban runoff pollution prevention controls.

Storm or construction generated water containing sediment such as, construction waste, soil, slurry from concrete/asphalt concrete saw cutting operations, clean-up of concrete transit mixers or other pollutants from construction sites and parking areas will be retained or controlled on site and will not be permitted to enter the storm drain system.

Temporary sediment filtering systems such as sandbags, silt fences, or gravel berms will be utilized to trap sediment so that only filtered water enters the City’s storm drain system. Proper clean up and disposal of settled sediment and the filtering system will be the responsibility of the Contractor.

Discharge of concrete transit mixer wash water on to approved dirt areas (sub-grade area designated for new concrete construction for example) is acceptable. Discharge on to private property, parkway areas, or the street is not permitted.

Plastic or other impervious covering will be installed where appropriate to prevent erosion of an otherwise unprotected area, along with any other runoff control devices deemed appropriate by the City.

Excavated soil stored on the site will be covered in a manner that minimizes the amount of sediments running into the storm drain system, street or adjoining properties.

No washing of construction or other industrial vehicles and equipment will be allowed adjacent to a construction site. During the rainy season (October 15 to April 15), Contractor will keep at the construction site sufficient materials and labor to install temporary sediment filtering systems and other water pollution prevention control