Monterey Park City Council
February 19, 2025

4882-0830-8877 v2
City Council Staff Report
DATE: February 19, 2025
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: 2024-25 Concrete Improvement Project – Award of Public Works Contract to CT&T Concrete Paving, Inc.

RECOMMENDATION:

It is recommended that the City Council consider:

1. Authorizing the City Manager to execute a public works contract, in a form approved by the City Attorney, with CT&T Concrete Paving, Inc. in the contract amount of $230,957 for the 2024-25 Concrete Improvement Project;

2. Authorizing the Director of Public Works to approve change orders not to exceed $34,644 over the total contract amount; and

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

CEQA (California Environmental Quality Act):

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

EXECUTIVE SUMMARY
Capital Improvement Project (“CIP”) No. 96054 – 2024-25 Concrete Improvement Project includes curb ramp construction at various street intersections, sidewalk, and curb and gutter improvements. Pursuant to Resolution No. 2025-R3, the Public Works Director received a quote from CT&T Concrete Paving, Inc. for concrete related work for this project. Their prices are competitive and are lower than recently received bids for similar work. It is recommended that City Council waive the bidding requirements pursuant to Resolution No. 2025-R3 and approve an award of contract to CT&T Concrete Paving, Inc. in the amount of $230,957 for the 2024-25 Concrete Improvement Project.

BACKGROUND
The City awarded a contract to Kalban Inc. on November 20, 2024 for $651,197 and $130,240 contingency for concrete improvements related to CIP 96054. In preparation for upcoming street improvement projects, staff identified additional needs for concrete work and reached out to Kalban for a proposal. The proposed work includes the Consent Calendar - 3H

Staff Report

February 19, 2025

reconstruction of twenty-four (24) existing curb ramps in order to meet current ADA standards, 5,554 sf. of sidewalk replacement and 19 lf . of curb and gutter. This project will be in anticipation of our upcoming road rehabilitation project.

However, Kalban, Inc. informed the City that they will not be available complete this additional work due to other scheduled projects. In order to avoid delays, and pursuant to Resolution No. 2025-R3, staff reached out to CT&T Concrete Paving, Inc. to request a quote for this additional concrete. The unit prices received from CT&T for the 2024-25 Concrete Improvement Project are consistent with the unit prices bid by Kalban, Inc.

However, CT&T Concrete Paving, Inc. will not charge any fees related to mobilization or traffic control which will lead to savings of approximately $20,000.

CT&T Concrete Paving, Inc. is a responsible bidder. CT&T Concrete Paving, Inc. contractor's license was verified with the California State Contractor’s License Board to be current, active and in good standing. Registration with the California Department of Industrial Relations (DIR) was verified.

It is recommended that the City Council waive the bidding requirements pursuant to Resolution No. 2025-R3 and award the project to CT&T Concrete Paving, Inc. for a total of $230,957.00 with a contingency not to exceed of $34,644.00.

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

FISCAL IMPACT
The proposed project is budgeted in the 202 4-2025 fiscal year Capital Improvement Program under CIP 96054 funded by Fund 601 - Street Bond.

CIP 96054 – 2024-25 Concrete Improvement Project
Concrete Improvements (Kalban, Inc)
Estimated Cost $662,257.00
Concrete Improvements – Additional Work
(CT&T Concrete Paving, Inc) $230,957.00
Contingency (not to exceed) $34,644.00
Construction management/Construction
Inspection $32,560.00
Total Estimated Project Cost $960,418

Staff Report

February 19, 2025
Respectfully submitted and prepared by: Reviewed by:

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

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

1. CT&T Concrete Paving, Inc. Quote – 2024-25 Concrete Improvement Project Additional Work

Staff Report
February 19, 2025
ATTACHMENT 1
CT&T Concrete Paving, Inc. Quote –
2024-25 Concrete Improvement Project Additional Work

PROPOSAL
Submitted To: Ziad Mazboudi Date: January 17, 2025
Company: City of Monterrey Park Project: 2024 CURB RAMP IMPROVEMENTS Bid# 25007 Address: 320 W Newmark Ave Monterrey
Park Ca
Project
Address:

CDBG IDIS #616
SPECIFICATION NO. 2024-004
Phone: Email:

Fax: Description: Concrete ADA Curb Ramps

WE HEREBY SUBMIT SPECIFICATIONS AND ESTIMATE FOR THE FOLLOWING Scope of Work:

Description Unit Qty. Unit Rate Total
2024 CURB RAMP IMPROVEMENTS
Perform the following work:
1 Remove existing and Construct PCC ADA Ramps per
SPPWC Standard Plan No. 111-5
EA 24 ($ 6,500.00 ) ($ 156,000.00)
2 Remove existing and construct new
PCC Sidewalk, 4” thick per
SPPWC, Std. Plan No. 112-2.
(Located next to proposed new
curb ramps, to chase if required)
SF 5554 ($ 13.00) ($ 72,202.00)
3 Remove existing and construct new
PCC Curb and Gutter
SPPWC, Std. Plan No. 120
(Located next to proposed new
curb ramps, to chase if required)
LF 19 ($ 145.00) ($ 2,755.00)
4 ($ -  )
5 ($ -  )
($ -  )
($
-  )
We propose thereby to furnish material and labor Prevailing Wage complete in accordance with above specifications. All material is guaranteed to be as specified. All work to be completed in a workman like manner according to standard practices. Any alterations or deviation from above specifications involving extra cost will be executed only upon signed change orders, and will become an extra charge over and above the estimate. All agreements upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and necessary insurance. Our workers are fully covered by workers compensation insurance.

I hereby propose to furnish materials and labor to complete in accordance with the specification above for the some of:
($ 230,957.00)
Authorized Signature Date Jose Carvajal
909-821-4769
[email protected]
Acceptance of the above prices, spec's and conditions are satisfactory and are hereby accepted
This proposal may be withdrawn by us if not
accepted within 15 days
324 S. Diamond Bar Blvd. PMB 275, Diamond Bar, CA 91765 Phone 909.629.8000 Fax 909.629.8001 Lic. #875627 www.cttconstruction.com

City Council Staff Report
DATE: February 19, 2025
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: Amendment to Agreement 2379-AA with Wondries Family Collision Center
RECOMMENDATION:

It is recommended that the City Council consider:

1. Authorizing the City Manager to execute an Amendment to Agreement No. 2379- AA with Wondries Family Collision Center, in a form approved by the City Attorney, for autobody repair and painting services on City-owned vehicles for total amount of $145,000; and

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

EXECUTIVE SUMMARY:

Wondries Family Collision Center is one of the City’s vendors for autobody repair and painting services. Due to an increase in unanticipated incidents and costs for repairs, it is recommended that the current three-year contract be increased from $36,000 to $145,000 for actual and anticipated services through June 30, 2026.

BACKGROUND:

The Public Works Department, Fleet division, maintains and repairs more than 170 City vehicles and equipment. As part of its fleet management, the City has a three-year agreement with Wondries Family Collision Center (“Wondries”) for as-needed autobody repair and painting services. Services may be required as a result of collisions, traffic incidents, or other events causing vehicle damage. The City budgets for annual maintenance and repairs; however needs may vary year to year based on number of incidents and total cost for repairs. In the last three fiscal years, the City has experienced a total of 20 vehicle incidents resulting in increased needs for repair services.

Currently, the City’s agreement with Wondries is for a total of $36,000. Services are provided on a labor and material basis. Due to i ncrease in unanticipated incidents and costs for repairs, it is recommended that the contract be increased to $145,000 for actual and anticipated services through June 30, 2026.
2024-25 STRATEGIC PLAN GOAL:

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

Consent Calendar - 3I

Staff Report

February 19, 2025

FISCAL IMPACT:

The proposed Amendment increases the contract amount to $ 145,000. There are sufficient funds in the FY 24-25 budget for services through June 30, 2025. Funds for services for FY 25-26 will be budgeted as part of the annual budget process.

Respectfully submitted by: Reviewed by:

Shawn Igoe
Director of Public Works

Marth Garcia
Director of Finance

Approved by:

Reviewed by:

Inez Alvarez
City Manager
Karl H. Berger
City Attorney

ATTACHMENT:

None

City Council Staff Report
DATE: February 19, 2025
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: Consideration of Final Map No. 82607 for a Subdivision of 2.8 Acres Lot into Two Parcels to develop 63 Two Story Townhome Units, Located at 126 New Avenue
RECOMMENDATION:

It is recommended that the City Council consider:

1. Adopting a resolution approving Final Map No. 82607;

2. Authorizing the City Manager to execute a Subdivision Improvement Agreement for Final Map No. 82607 in a form approved by the City Attorney; and

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

CEQA (California Environmental Quality Act):

Pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq., the “CEQA Guidelines”), the Project is consistent with the Mitigated Negative Declaration and Mitigation Monitoring Program adopted by City Council on July 21, 2021 per Resolution No. 12259. No additional environmental review is necessary.

EXECUTIVE SUMMARY
The proposed Final Map was reviewed by the Public Works Director for compliance with applicable law. Except for the required public improvements, it meets all legal requirements. Because the subdivider is proposing to execute a subdivision improvement agreement, the Final Map must be approved by the City Council per Monterey Park Municipal Code § 20.22.220.

BACKGROUND
The project is a 63-unit residential townhome development located at the east side of N.

New Avenue, on the south side of Whitmore Avenue.

The following includes a chronology of actions related to TM-20-03:
- On July 21, 2021, the Tentative Map for this Project was approved, subject to all other sections within the Subdivision Map Act and applicable law.

Consent Calendar - 3J

Staff Report

February 19, 2025
- On September 6, 2023, City Council adopted Resolution No. 2023-R72 approving the first one-year extension for this Tentative Map. (MPMC § 20.04.120 allows for such extensions).
- On May 21, 2024, building permits were issued for Whitmore Villas project.

Construction was under way with grading work completed and footings f or structures partially completed.
- On June 27, 2024, Chateau Group USA (“Applicant”) submitted an application for a second one-year time extension.
- On August 21, 2024, City Council approved a second one-year time extension under resolution No.2024-R67, valid until July 21, 2025. (MPMC § 20.04.120 allows for such extensions).

The developer has not yet constructed the public improvements required by the tentative map. The public improvements include construction of a new curb, gutter, sidewalk, curb ramps and driveway aprons in the street right-of-way; along the frontage of the site.

Additionally, all on-site utility services will be placed underground. To ensure completion of these improvements, the developer must enter into a subdivision improvement agreement. The developer provided acceptable sureties to guarantee construction of all on-site and off-site improvements, as follows:

Faithful Performance Labor and Materials
Public Improvement Bond $77,072.00 $28,536.00
Grading Bond $212,000.00 N/A

FISCAL IMPACT
The approval of this Final Map has no fiscal impact on the City.

Staff Report

February 19, 2025
Respectfully submitted and prepared by: Prepared by:

Shawn Igoe
Director of Public Works
Peter Shiau
Contract Project Manager
Approved by: Reviewed by:

Inez Alvarez
City Manager
Karl H. Berger
City Attorney

ATTACHMENTS

1. Resolution

2. Subdivision Agreement

3. Subdivision Map

Staff Report
February 19, 2025
ATTACHMENT 1
Resolution

RESOLUTION NO.

A RESOLUTION APPROVING FINAL MAP NO. 82607 FOR A 63-TWO STORY TOWNHOME UNITS PROJECT AT 126 NORTH NEW AVENUE

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

SECTION 1: The City Council finds as follows:

A. The Public Works Director reviewed a final map for a 63-two story townhome units project at 126 North New Avenue (Final Map No. 82607);

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

C. Following a public hearing on July 21, 2021, the Planning Commission adopted a resolution that, among other things, approved a tentative map for the Project with conditions.

SECTION 2: Environmental Assessment. Pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq., the “CEQA Guidelines”), the Project is consistent with the Mitigated Negative Declaration and Mitigation Monitoring Program adopted by City Council on July 21, 2021 per Resolution No. 12259. No additional environmental review is necessary.

SECTION 3: Final Map Findings. Based upon the entirety of the record including, without limitation, the staff report, the City Council approves Final Map No. 82607 for the following reasons:

A. The Final Map substantially conforms with Tentative Map No. 82607; and

B. The Final Map substantially conforms to the MPMC and Subdivision Map Act (Government Code §§66410, et seq.);

SECTION 4: Delegation of Authority; Reservations.

A. In accordance with MPMC § 20.20.050, the City Engineer may take appropriate action to make technical corrections to the Final Map and, thereafter, the City Clerk may forward the Final Map to the Los Angeles County Recorder’s Office for recordation.

B. Before providing the Final Map to the City Clerk, the City Engineer must (in addition to ensuring that the Final Map meets all technical

Resolution No.

requirements of the MPMC and Subdivision Map Act) verify that the developer provided the City with (1) a subdivision improvement agreement, in a form approved by the City Attorney, to ensure the construction of all public improvements at the development; (2) a form of security approved by the City Attorney to guarantee performance under the subdivision improvement agreement.

C. The City manager is authorized to execute the subdivision improvement agreement referenced in this Section.

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

SECTION 6: Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.

SECTION 7: Recordation. The Mayor, or presiding officer, is authorized to sign this Resolution signifying its adoption by the City Council of the City of Monterey Park and the City Clerk, or his duly appointed deputy, may attest thereto.

SECTION 8: Effective Date. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.

SECTION 9: The City Clerk is directed to mail a copy of this Resolution to the Applicant and to any other person requesting a copy.

PASSED AND ADOPTED this 19th day of February, 2025.

____________________________
Vinh T. Ngo, Mayor

ATTEST:

________________________________
Maychelle Yee, City Clerk

APPROVED AS TO FORM:

________________________________
Karl H. Berger, City Attorney

Staff Report
February 19, 2025
ATTACHMENT 2
Subdivision Agreement

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City Clerk
City of Monterey Park
320 W Newmark Ave
Monterey Park, CA 91754

No fee per Government Code § 6103

SUBDIVISION IMPROVEMENT AGREEMENT
TRACT MAP NO. 82607

THIS AGREEMENT (“Agreement”) is made and entered into this 6th day of March , 2024, by and between the CITY OF MONTEREY PARK, a general law city and municipal corporation (“CITY”) and Greenstate Holding, Inc., a California corporation (“SUBDIVIDER”).

The Parties agree as follows:

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

A. SUBDIVIDER presented CITY with a final subdivision map on land identified as Map No. 82607 (“Map”).

B. SUBDIVIDER requested that CITY approve the Map before construction and completion of improvements including, without limitation, , streets, highways, public ways, grading, fences, and public utility facilities (“Improvements”) which are part of or appurtenant to the subdivision (“Subdivision”) identified on the Map. The Improvements must be constructed in accordance with plans and specifications on file with CITY.

C. This Agreement is entered into in accordance with the Subdivision Map Act (“Act”) and applicable ordinances adopted by CITY including, without limitation, as codified in the Monterey Park Municipal Code (“MPMC”).

2. CONSTRUCTION OF IMPROVEMENTS. At its sole cost and expense, SUBDIVIDER agrees to furnish the equipment, labor and materials necessary to complete the Improvements on the Map set forth in attached

Exhibit “A,” which is incorporated by reference, and such other improvements required by CITY ordinances and/or the City Council when approving the Map. All of the above work, together with appurtenances, contingencies and engineering costs, are more particularly shown on the improvement plans for the Map. In addition, SUBDIVIDER agrees that because of condition No. 19 in Planning Commission Resolution No. 10-18, that it will construct and maintain the public streets, up to the centerline along the entire property frontages, identified as “126 N New Avenue” in the manner set forth in plans entitled “Grading Plan” included in Public Works Permit No.

PW 22-00144. If construction of the Street does not conform with CITY’s standard specifications for public streets, SUBDIVIDER therefore agrees to provide a 10-year warranty for maintenance and reconstruction of the Street.

3. ESTIMATED COST OF IMPROVEMENTS .

A. The parties agree that the estimated cost of the improvement work, except for the Street, is $650,400.00.

B. The parties agree that the estimated cost of the Street is $ 113,310.00.

4. COMPLETION. SUBDIVIDER must complete all Improvements within 12 months after recording the Map or within such further time as may be granted by the City Council.

5. COMPLETION BY CITY . Should SUBDIVIDER fail to complete the Improvements within the time for completion, CITY, at its option, may enter onto SUBDIVIDER’s property to complete the Improvements at SUBDIVIDER’s cost.

6. WARRANTY OF IMPROVEMENT PLANS . SUBDIVIDER warrants that the plans and specifications for the Improvements comply with the tentative map approval and the master plan for the Subdivision previously approved by CITY’s Planning Commission and the City Council, together with all conditions made a part of such approval(s). SUBDIVIDER further warrants that the plans and specifications can be relied upon to accomplish the improvement work covered by this Agreement in a good, workmanlike manner and in accordance with accepted construction practices. Should the plans and specifications
at any time before final acceptance of the Improvements prove to be inadequate in any respect, SUBDIVIDER agrees to make such changes deemed necessary by CITY to accomplish improvement work in a good, workmanlike manner and in accordance with accepted construction practices. SUBDIVIDER further agrees t
o make or cause to be made such
engineering, soils and other reports as may be required by CITY.

7. CITY NOT LIABLE FOR PLANS AND SPECIFICATIONS . CITY is not an insurer

or surety for the design or construction of the Subdivision. And no CITY official, officer, or employee is liable or responsible for any claim arising during construction of the Subdivision or Improvements, unless it can be shown that such person specifically directed that the Subdivision or Improvement be accomplished in a manner contrary to the wishes and desires of SUBDIVIDER, and SUBDIVIDER filed a written objection with the City Engineer before commencing such work or Improvement.

8. WARRANTY OF WORK.

A. SUBDIVIDER warrants that the Improvements will be constructed in a manner consistent with CITY’s specifications and the highest industry standards. Should any Improvement fail to comply with warranty or any other provision of this Agreement within one year after CITY’s final
acceptance, SUBDIVIDER must, without delay and without
cost to CITY, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the improvements. S
hould SUBDIVIDER
fail to act promptly or in accordance with this requirement or any other provision
of this Agreement for 30 days after receipt of written notice from the City or should the exigencies of the case require repairs or replacements to be made before SUBDIVIDER can be notified, CITY may, at its option, make the necessary repairs or replacements or perform the necessary work and SUBDIVIDER must pay to CITY the actual cost of such repairs plus 15% for CITY’s administrative overhead costs. This
Section is not a waiver of any other right
CITY may have for correcting faulty workmanship or defective materials.

B. As to the Street, SUBDIVIDER warrants that the Street will be constructed in a manner consistent with Condition No. 19 and specifications approved by CITY that are generally consistent with the highest industry standards. Should the Street fail to comply with this warranty or any other provision of this Agreement within 10 years after CITY’s final acceptance, SUBDIVIDER must, without delay and without cost to CITY, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the Improvements. Should SUBDIVIDER fail to act promptly or in accordance with this requirement or should the exigencies of the case require repairs or replacements to be made before SUBDIVIDER can be notified, CITY may, at its option, make the necessary repairs or replacements or perform the necessary work and SUBDIVIDER must pay to CITY the actual cost of such repairs plus 15% for CITY’s administrative overhead costs. This Section is not a waiver of any other right CITY

may have for correcting faulty workmanship or defective materials.

9. REPAIRS AND REPLACEMENTS. SUBDIVIDER must replace/repair, as appropriate, all pipes and monuments shown on the Map destroyed or damaged by SUBDIVIDER’s actions and to replace/repair, as appropriate, any property damaged or destroyed by SUBDIVIDER. Any such repair or replacement must be completed to City’s satisfaction and approval.

10. CITY’S RIGHT OF ENTRY . SUBDIVIDER grants City a license to enter SUBDIVIDER’s property to inspect the improvements constructed by SUBDIVIDER and to ensure compliance with this Agreement.

11. CONTRACT SECURITY.

A. Concurrently with the execution of this Agreement, SUBDIVIDER must furnish:

i. A surety bond in an amount equal to at least 100% of the estimated cost of improvements as security for the faithful performance of this Agreement;

ii. A separate surety bond in an amount equal to at least 100% of the contract price for said improvements as security for the payment of all persons performing labor and furnishing materials in connection
with this Agreement.

B. SUBDIVIDER agrees that the form of the bonds provided by City are substantially similar to Government Code §§ 66499.1 and 66499.2.

12. MAINTENANCE BONDS .

A. Except as to the Street, the bonds referred to in Section 11 will not be released until a surety bond guaranteeing the warranty requirements of Section 8 in the amount of at least 10% of the sum shown in Section 3 is filed with CITY. The maintenance bond will be released 1 year from the date of final acceptance of the Improvements.

B. As to the Street, the bonds referred to in Section 11 will not be released until a surety bond guaranteeing the warranty requirement of Section 8(B) in the amount of at least 110% of the sum shown in Section 3 as to the Street is filed with CITY. The maintenance bond will be released 10 years from the date of final acceptance of the Street.

13. PERFORMANCE BY CITY OR SURETY .

A. Should SUBDIVIDER fail to construct the improvements in the manner and at such locations as specified within the time requirements of this Agreement, or if SUBDIVIDER is not carrying out the intent of this Agreement, CITY may serve written notice upon SUBDIVIDER and the surety on SUBDIVIDER’s faithful performance bond demanding satisfactory compliance with this Agreement.

B. Should CITY serve such written notice, CITY may do any one, or combination of the following:
i. Serve written notice upon the surety on its faithful performance bond demanding satisfactory compliance with this Agreement. In such event the surety must, within five days, assume control and construct the Improvements as SUBDIVIDER’s successor;
ii. CITY may construct the improvements itself, or by contract at SUBDIVIDER’s expense on a time a materials basis. In such event, CITY may take possession of and utilize in completing improvement construction, materials, appliances, and other property belonging to SUBDIVIDER as may be on the site of the work without liability to CITY. SUBDIVIDER’s surety will be liable to CITY for any excess cost of damages incurred by CITY.

C. Nothing in this Section waives, or serves as a limitation upon, any additional remedy CITY may have under this Agreement or applicable law.

14. SURETY BOND TO INCLUDE LETTER OF CREDIT . The term “surety 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. The term “surety” includes the issuer of any letter of credit or cash deposit agreement, which is acceptable to CITY as security for the performance of this Agreement. Sureties must be admitted to do business in California.

15. BEST MANAGEMENT PRACTICES . SUBDIVIDER agrees to use best management practices (“BMPs”), as that term is defined under applicable law including, without limitation, the Monterey Park Municipal Code, in constructing the improvements anticipated by this Agreement. SUBDIVIDER’s failure to comply with the terms of this Section constitutes a material breach of this Agreement.

16. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by SUBDIVIDER under this Agreement are CITY’s property. SUBDIVIDER may retain copies of said documents and materials as desired, but must deliver all original materials to CITY upon CITY’s written notice.

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

18. CASH CHARGES. SUBDIVIDER must pay to CITY in cash such subdivision fees that are established by ordinance or by the City Council in conferring approval or extension of time to the Subdivision.

19. INDEMNIFICATION.

A. SUBDIVIDER indemnifies and holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney’s fees), injuries, or liability, arising out of this Agreement, or its performance. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, SUBDIVIDER must defend CITY (at CITY’s request and with counsel satisfactory to CITY) and indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise.

B. For purposes of this section “CITY” includes CITY’s officers, officials, employees, agents, representatives, and, certified volunteers.

C. The Parties agree that this section will remain in full force and effect for 10 years following substantial completion by SUBDIVIDER of the improvements.

D. The requirements as to the types and limits of insurance coverage to be maintained by SUBDIVIDER, and any approval of such

insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by SUBIDIVIDER pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.

20. INSURANCE.

A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, SUBDIVIDER must procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:

Type of Insurance Limits (combined single) Commercial general liability: $ 2,000,000 Professional Liability $ 2,000,000 Workers compensation statutory requirement B. Commercial general liability insurance must meet or exceed the requirements of ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to name 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 CITY will be excess thereto. Such e ndorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88. Such insurance will be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon 30 days prior written notice to CITY.

C. Professional liability coverage will be on an “occurrence basis” if such coverage is available, or on a “claims made” basis if not available. When coverage is provided on a “claims made basis,” SUBDIVIDER will continue to renew the insurance for a period of 3 years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover SUBDIVIDER for all claims made by CITY arising out of any errors or omissions of SUBDIVIDER, or its officers,
employees or agents
during the time this Agreement was in effect.

D. SUBDIVIDER must furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A.M.

Best Company Rating equivalent to at least a Rating of “A:VII.” Certificate(s) must reflect that the insurer will provide 30 day notice of any cancellation of coverage. SUBDIVIDER will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.

21. NOTICES.

A. A. All notices given or required to be given pursuant to this Agreement will be in writing and may be given by personal delivery or by mail.

Notice sent by mail will be addressed as follows:

The City
City of Monterey Park
320 W. Newmark Ave.

Monterey Park, CA 91754

To Subdivider
Lan Luo
Greenstate Holding, Inc.
312 Whispering Pine Dr.

Arcadia, CA 91106
B. When addressed in accordance with this paragraph, notices will be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices will be deemed given at the time of actual delivery.

C. Changes may be made in the names or addresses of persons to whom
notices are to be given by giving notice in the manner
prescribed in this paragraph.

22. COMPLIANCE WITH LAW . SUBDIVIDER will comply with all laws applicable to this Agreement including, without limitation, federal, state, and local laws requiring permitting and licenses. All such compliance will be at SUBDIVIDER’s own cost.

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

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

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

26. WAIVER. Waiver of any provision of this Agreement will not be deemed to constitute a waiver of any other provision, nor will such waiver constitute a continuing waiver.

27. GOVERNING LAW . This Agreement has been made in and will be construed in accordance with the laws of the State of California and exclusive venue for any action involving this Agreement will be in Los Angeles County.

28. AUTHORITY/MODIFICATION . This Agreement is subject to and conditioned upon approval and ratification by the Monterey Park City Council. This Agreement is not binding upon CITY until executed by the City Manager.

The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written agreement. CITY’s City Manager may execute any such amendment on behalf of CITY.

29. BINDING UPON SUCCESSORS . The terms of this Agreement constitute a burden and benefit upon the Property. Accordingly, this Agreement will be recorded and the term will run with the Property and become binding upon SUBDIVIDER’s heirs, successors and assigns.

30. ENTIRE AGREEMENT . This Agreement constitutes the sole agreement between SUBDIVIDER and CITY respecting the maintenance of the Property’s common areas and correctly sets forth the obligations of SUBDIVIDER and CITY. There are no other understandings, terms or other agreements expressed or implied, oral or written.

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

EXHIBIT A
Map No. 82607
All improvements marked are included:
(X) Public street improvements including grading, paving, curbs, gutter, sidewalks, traffic control devices, street name signs, street lights, street landscaping, and appurtenances.
(X) Public sanitary sewers including mains, laterals, and appurtenances. (X) Private sanitary sewers including mains, laterals, and appurtenances. (X) Natural gas supply system including mains, service laterals, and appurtenances. (X) Electric power distribution system including vaults, conduits, cables, conductors, service laterals, transformers, and appurtenances.
(X) Telephone system including vaults, conduits, cables, conductors, service laterals, and appurtenances.
(X) Cable television system, including vaults, conduits, cables, conductors, service laterals, and appurtenances.
(X) Private storm drains including pipes, outlets, and appurtenances. (X) Lot grading, including land clearing, earth moving compaction, import or export of soil, and appurtenances.
(X) Walls including retaining walls, perimeter walls, and appurtenances. (X) Off-street landscaping including trees, bushes, shrubs, turf, irrigation system, and
appurtenances.

Staff Report
February 19, 2025
ATTACHMENT 3
Subdivision Map

4882-0830-8877 v2
City Council Staff Report
DATE: February 19, 2025
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: 2024-25 Street Overlay at Various Locations – Award of Public Works Contract to Onyx Paving Company, Inc.

RECOMMENDATION:

It is recommended that the City Council consider:

1. Authorizing the City Manager to execute a public works contract, in a form approved by the City Attorney, with Onyx Paving Company , Inc. in the contract amount of $4,146,240 for the 2024-25 Street Overlay project at Various Locations City-wide;

2. Authorizing the Director of Public Works to approve change orders not to exceed $216,152 over the total contract amount; and

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

CEQA (California Environmental Quality Act):

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

EXECUTIVE SUMMARY
Capital Improvement Project (“CIP”) No. 96049 – 2024-25 Street Overlay at Various Locations (the “Project”) includes the application of Asphalt Rubber Hot Mix and AC Overlay. Pursuant to Resolution No. 2025-R3, the Public Works Director (“Director”) obtained proposals from three different paving contractors: All American Asphalt, Onyx Paving Company, and Hardy & Harper, for the Project. It is recommended that City Council waive the bidding requirements pursuant to Resolution No. 2025-R3 declaring a local emergency, and authorize the City Manager to execute a Public Works contract with Onyx Paving Company, Inc. in the amount of $4,146,240 for the 2024-25 Street Overlay at Various Locations project and authorize the Director to approve change orders not to exceed $216,152 over the total contract amount.

Consent Calendar - 3K

Staff Report

February 19, 2025

BACKGROUND
The 2024-25 Capital Improvement Program includes the Project as Project No. 96049 to be funded by Street Bond, SB1, Measure M , Gas Tax and General Fund . The Project includes cold mill of existing road and overlay using AC Mix and Asphalt Rubber Hot Mix.

The Project involves the overlay of the following streets:

No.

STREET SEGMENT
Street From To
1 W Gleason Street S Gerhart Avenue Sadler Avenue
2 W Gleason Street S Gerhart Avenue Hendricks Avenue
3 W Markland Drive S Bradshawe Avenue Sadler Avenue
4 W Fernfield Drive S Bradshawe Avenue Sadler Avenue
5 W Fernfield Drive Bradshawe Avenue Hendricks Avenue
6 W Markland Drive Findlay Avenue Isabella Avenue
7 S Bradshawe Avenue W Riggin Street W Pomona Boulevard 8 W Markland Drive S Bradshawe Avenue Hendricks Avenue
9 W Fernfield Drive S Isabella Drive Via Norte Avenue
10 S Isabella Avenue Floral Drive W Pomona Boulevard
11 Gerhart Avenue W Riggin Street W Pomona Boulevard
12 Ferdinand Avenue W Riggin Street W Pomona Boulevard
13 Ackley Street Palm Avenue Arroyo Drive
14 Arroyo Drive Potrero Grande Drive End
15 Robinlinda Lane Arroyo Drive End
16 Bluestone Lane Arroyo Drive End
17 Kenton Drive Potrero Grande Drive City Limits
18 Alisar Avenue Ackley Street South End
19 Coriolanus Drive Alisar Avenue End
20 Eroica Drive Alisar Avenue End
21 Holly Oak Drive Palm Avenue Pepper Street
22 Palm Avenue Holly Oak Drive Ackley Street
23 Pepper Street Holly Oak Drive Laurel Drive
24 Ferdinand Avenue W Floral Drive W Riggin Street
25 W Hammel Street Findlay Avenue S Isabella Avenue
26 W Floral Drive Findlay Avenue W Floral Drive
27 W Arlight Street Findlay Avenue S Grandridge Avenue
28 W Andrix Street Findlay Avenue S Grandridge Avenue

Staff Report

February 19, 2025
29 W Almora Street Findlay Avenue S Grandridge Avenue
30 Alley Approximately 130' w/o S Garfield Avenue
On January 27, 2025, the Director requested Project proposals from All American Asphalt, Onyx Paving Company, and Hardy & Harper, with a due date of February 3, 2025 at 2:00PM. All three contractor have previously worked in the City and completed great work. The following costs were received:

RANK BIDDER BASE BID AMOUNT
1 Onyx Paving Company $ 3,369,000
2 All American Asphalt $ 3,436,560
3 Hardy & Harper $ 3,650,000
The bid submitted by Onyx Paving Company, Inc. is the lowest proposal received out of the three contractors. Onyx Paving Company, Inc’s contractor's license was verified with the California State Contractor’s License Board to be current, active and in good standing.

Registration with the California Department of Industrial Relations ( “DIR”) was verified.

The Director is familiar with Onyx Paving Company, Inc. work as it is currently providing services to the City, and there is only positive feedback from City field crew and office staff.

The proposal received was much lower than the Engineer’s estimate allowing the City to rehabilitate additional streets at the low unit prices received. The Director requested Onyx to provide a revised proposal that included the following streets:

No.

STREET SEGMENT
Street From To
31 Hendricks Avenue W Floral Drive S McPherrin Avenue
32 Divine Drive W Floral Drive S Bradshawe Avenue
33 S Bradshawe Avenue W Floral Drive S McPherrin Avenue 34 W Almora Street S Bradshawe Avenue Findlay Avenue
35 W Andrix Street S Bradshawe Avenue Hendricks Avenue
36 W Arlight Street Hendricks Avenue S Bradshawe Avenue 37 W Floral Drive Findlay Avenue West End / Private
Entrance
Onyx submitted a revised proposal on February 6, 2025. The revised proposal used the same unit prices as the original proposal which brings the total bid amount to $4,146,240.

It is recommended that the City Council awards the project to Onyx Paving Company, Inc. for a total of $4,146,240 with a contingency not to exceed $216,152.

Staff Report

February 19, 2025

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

FISCAL IMPACT
The Project is budgeted in Fiscal Year 2024-2025’s Capital Improvement Program under CIP 96049 funded by Fund 601 - Street Bond, Fund 237 – SB1, Fund 240 – Measure M, Fund 242 – Gas Tax, and Fund 101- General fund.

CIP 96049 – 2024-25 Street Overlay at Various Locations Project
Street Overlay
(Onyx Paving Company, Inc.) $4,146,240
Contingency (not to exceed) $216,152
Construction management/Construction Inspection $30,000.00 Total Estimated Project Cost $4,392,392

Respectfully submitted and prepared by: Reviewed by:

Shawn Igoe
Director of Public Works

Martha Garcia
Director of Finance
Approved by:

Reviewed by:

Inez Alvarez
City Manager
Justin A. Tamayo
Assistant City Attorney

ATTACHMENTS

1. Onyx Paving Company, Inc. Proposal – 2024-25 Street Overlay at Various Locations Project

Staff Report
February 19, 2025
ATTACHMENT 1
Onyx Paving Company, Inc. Proposal
2024-25 Street Overlay at Various Locations Project

No. Bid Item Description Quantity Unit Unit Bid Total Bid 1 Cold Mill Existing Asphalt Pavement, 1.5" deep as shown on Appendix 4. Location Index, Detail A. Work locations are shown on Appendix 4. Location Index, Project Group Method A. 1,191,458 SF $0.39 $464,668.62 2 Remove existing pavement to 5” depth (Alley only). Existing depth of asphalt concrete, subbase, and subgrade varies by location. Contractor shall remove portion of AC, subbase, or native material to 5” depth as part of this work, full width of alley, complete and in place (including removal/re-compaction of exposed base or native)
22,298 SF $2.34 $52,177.32
3 Furnish and install 1.5” thick (ARHM) asphalt rubberized hot mix complete and in place. 11,440 TON $142.00 $1,624,480.00 4 Furnish and install 1.5" thick asphalt concrete AC Type B level Course including tapering from 0” at gutter edge to 1.5” at 5’ from gutter edge as shown on Appendix 4. Location Index, Detail A. 9,594 TON $115.00 $1,103,310.00 5 Adjust manhole covers to grade, complete and in place. 89 EA $777.00 $69,153.00 6 Adjust water valves to grade, complete and in place. 84 EA $123.00 $10,332.00 7 Install STOP Pavement Marking per Caltrans Standard Plan No. A24D. 59 EA $210.00 $12,390.00 8 Install Limit Line/Stop Bar per Caltrans Standard Plan A24E. 59 EA $135.00 $7,965.00 9 Install Double Yellow No Passing Zone per Caltrans Standard Plan A20A Detail 22 including Type D RPMs. 1,738 LF $2.65 $4,605.70
10 Install Yellow Center Line/Skip Line per Caltrans Standard. A20A Detail 2. 3,614 LF $1.60 $5,782.40 11 Install Channelizing Line per Caltrans Standard Plan A20D Detail 38A. 1,704 LF $2.10 $3,578.40 12 Install Bike Lane Symbol with Person and Bike Lane Arrow per Caltrans Standard Plan A24A. 6 EA $80.00 $480.00 13 Install Type IV(L) and Type IV(R) Arrow per Caltrans Standard Plan A24A. 14 EA $80.00 $1,120.00 14 Remove and Install Thermoplastic High Visibility Yellow/White Ladder Crosswalk (Std. A24F) 1 EA $2,800.00 $2,800.00 15 Remove and Install Thermoplastic High Visibility Yellow/White Basic Crosswalk (Std. A24F) 2 EA $1,400.00 $2,800.00 16 Remove and Install SLOW SCHOOL XING Pavement Marking (Std. A24D, SPPWC Std. 172-O) 3 EA $800.00 $2,400.00 17 Install White Yield Line, Shark Teeth per Caltrans Standard Plan A24E) 1 EA $333.00 $333.00 18 Install Drop Off Zone striping along Pepper Street in kind/place (Hillcrest Elementary School) 1 EA $624.56 $624.56 $3,369,000

BID SCHEDULE
For 2024-25 Residential Street Rehabilitation, Specification No. 2024-011 TOTAL

City Council Staff Report
DATE: February 19, 2025
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: Authorizing Via Transportation Inc. to use official City seal and logos for implementation of On-demand transit service
RECOMMENDATION:

It is recommended that the City Council consider:

1. Authorizing the City Manager to execute authorization form(s), in a form approved by the City Attorney, for the use of City seal, signs, trademarks and logos by Nomad Transit, LLC, a wholly owned subsidiary of Via Transportation, Inc. for the implementation of on-demand transit service; and

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

EXECUTIVE SUMMARY:

On November 6, 2024 City Council approved an agreement with Nomad Transit, LLC, a wholly owned subsidiary of Via Transportation, Inc. (“Via”), for a one-year pilot program of on-demand transit services. Staff has been working with Via on the implementation of the program including the development of a smartphone application, marketing campaign, and community engagement. To successfully market the service, Via requests permission to use the City’s signs, trademarks and logos through third party app providers such as the Google Play store and Apple App store.

Monterey Park Municipal Code (“MPMC”) Chapter 1.12 governs the use of the City seal.

MPMC § 1.12.020 provides that the seal may be used on “official documents”; it does not specify whether the seal may be used in other contexts. California law provides that the City Council generally controls the depiction of the seal ( see, e.g., Government Code § 34501).

In this instance, the City seal and logos are intended to be used for a public service.

Accordingly, it is recommended that City Council authorize Via to use the City’s signs, trademarks, and logos, including its City seal for the implementation of the on-demand transit service.

Consent Calendar - 3L

Staff Report

February 19, 2025

2024-25 STRATEGIC PLAN GOAL:

The proposed action meets the City’s goal to enhance public communication and civic engagement to reach all members of our community as the use of the City’s official seal and logos will clearly identify the on-demand service app as a Monterey Park program.

FISCAL IMPACT:

There is no fiscal impact with the recommended action.

Respectfully submitted by:

Shawn Igoe
Director of Public Works

Approved by:

Reviewed by:

Inez Alvarez
City Manager
Karl H. Berger
City Attorney

ATTACHMENT:

None.

Staff Report
February City Council Staff Report
DATE: February 19, 2025
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: Award of Public Works Contract to Tank Specialties, Inc. dba Tank Specialist of California for Underground Storage Tank Removal and Above Ground Storage Tank Installation
RECOMMENDATION:

It is recommended that the City Council consider:

1. Authorizing the City Manager to execute a public works contract, in a form approved by the City Attorney, with Tank Specialties, Inc. dba Tank Specialists of California for the removal of underground waste oil tanks and the installation of above ground waste oil tanks at the City Yard and Fire Station 1 facilities for the amount of $98,200;

2. Authorizing the Director of Public Works to approve change orders and contingency up to $14,730 (15%) of the contract amount, for a total project cost of $112,930; 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.

EXECUTIVE SUMMARY:

Capital Improvement Project (“CIP”) No. 95042 - Underground Storage Tank Removal & Replacement, includes the removal of underground waste oil tanks and the installation of above ground waste oil tanks at the City Yard and Fire Station 1 facilities to upgrade the tanks to comply with State Water Resources Control Board’s overfill prevention equipment (OPE) requirements. It is recommended that City Council authorize the City Manager waive the bidding requirements pursuant to Resolution No. 2025-R3 and execute a Public Works contract with Tank Specialties, Inc. dba Tank Specialists of Consent Calendar - 3M

Staff Report

February 19, 2025

California to upgrade the storage tanks at both facilities in the amount of $98,200, with a contingency amount of 15% of the contract amount.

BACKGROUND:

The State Water Resources Control Board (SWRCB) issued Local Guidance 150 -3 to clarify the OPE requirements for underground storage tanks (USTs) and secondary containers. Inspections of the storage tanks at the City Yard and Fire Station 1 by the County of Los Angeles Department of Public Works confirmed the City’s current waste oil tank systems do not have approved OPE installed and ha ve single-walled vent or tank risers, which are prone to leaks. OPE requirements specified under Title 23 of the California Code of Regulations requires the City to upgrade USTs and ensure compliance with the State of California Water Resources Control Board and the County of Los Angeles.

Due to the need to meet SWRCB requirements, and per the recently adopted emergency Resolution No. 2025-R3, staff bypassed bidding requirements and obtained a quote from Tank Specialist of California for storage tank upgrades at the City Yard for $48,331 and Fire Station 1 for $49,869, for a total contract amount of $98,200. The scope of work includes the removal of one (1) 500-gallon underground waste oil tank and the installation of one (1) 280-gallon above ground waste oil tank at the City Yar d and Fire Station 1 locations. The project is to be completed in four phases; Phase I includes Computer- Aided Design (CAD) design and permitting, phase II includes tank removal and disposal at a state certified disposal facility, phase III includes the installation of a 280-gallon Double Wall UL 142 Rectangular Steel waste oil tank and 5-gallon spill container designed to contain small spills at the fill point on above ground storage tanks, and phase IV concludes the project with testing of the completed system and training of City staff.

Tank Specialist of California is already vetted by City staff and under contract for maintenance, monitoring system, spill bucket, and over -fill prevention tests and certification of the current storage tanks. The contractor is registered with the Department of Industrial Relations, is fully licensed for general engineering and building, and is certified in the removal of Hazardous Substances. It is recommended that City Council authorize the City Manager to execute a Public Works contract with Tank Speci alists of California for the removal of underground waste oil tanks and the installation of above ground waste oil tanks and spill containers at the City Yard and Fire Station 1 facilities for the amount of $98,200, plus a contingency amount not to exceed $14,730, 15% of the contract amount.

2024-25 STRATEGIC PLAN GOAL:

This project supports the City’s goal to maintain, build and modernize infrastructure and facilities to support the current and future needs of our City and community. Compliance for the storage tanks is required for public health and safety.

Staff Report

February 19, 2025

FISCAL IMPACT:

The proposed project is budgeted in the 2024-2025 fiscal year Capital Improvement Program. There are sufficient funds for this project:

CIP 95042 – Underground Storage Tank Removal &
Replacement
City Yard: UST Removal/AST Installation $48,331
Fire Station 1: UST Removal/AST Installation $49,869
Contingency (not to exceed) $14,730
Total Estimated Project Cost $112,930

Respectfully submitted by: Reviewed by:

Shawn Igoe
Director of Public Works

Martha Garcia
Director of Finance

Approved by:

Reviewed by:

Inez Alvarez
City Manager
Karl H. Berger
City Attorney

ATTACHMENTS

1. Tank Specialists of California Proposal No. 2309-2856-01 City Yard

2. Tank Specialists of California Proposal No. 2309-2857-01 Fire Station 1

Staff Report
February 19, 2025

ATTACHMENT 1
Tank Specialists of California
Proposal No. 2309-2856-01
City Yard

IFIP

YOUR PARTNER IN A GREENERENVIRONMENT
January 27,2025
City of Monterey Park
Attn: Mr. Bruce S. Fallon
320 West Newmark Ave.

Monterey Park, CA 91754
Subject: UST Removal / AST Installation Proposal
Proposal No. 2309-2856-0 1
Site Locations: CitY Yard
Mr. Fallon:

Tank Specialists of California is pleased to submit the following proposal for the removal of one (1) SOO-gallon underground waste oil tank and the installation of one (1) 280-gallon above ground waste oil tank at the above referenced address.

Bid includes all required prevailing wages

PHASE I - CAD DESIGN AND PERMITTING
o Prepare CAD drawings'
Submit drawings and obtain approvals with permits from the County of Los Angeles Department of Environmental Heotth and the ctty of Monterey Psrk Fire Department. (Permit fees included)
a

PHASE II - TANK REMOVAL
o Contact Underground Service Alert.
o provide construction area delineation. (We will follow allrequired BMP's) o Sawcut the existing concrete pad.
o Breakout the concrete over the (1) 5O0-gallon waste oil tank and dispose.

a
O
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Tank Specialists of California
UST Removal / AST Instqilation Proposol
Demo the remote fiIl in the building.

Uncover the tank and stockpile the spoils for reuse'
Triple rinse the tank and piping (in place per fire department/regulatory agency ."qrir.-"nts). Bid includes up to 50 gallons product/rinsate disposal, which includes the initial free product removal (we assume the tanks are empty)' Veriff the tanks lower explosion limit (LEL) utilizing a calibrated/certified meter. Certifi'the tanks as clean so that they can be transported and disposed of as non-haz.

Load and sscure the tank on a trailer and dispose of at a state certified disposal facility.

Obtain and analyze,by a state registered geologist, up to three (3) soil samples under the tank and piping per EPA test methods Mod. 8015/8020 (G,D)' BTX&E and MTBE, as applicable.

Backfill and compact, to grade, the excavations with backfill and provide required compaction.

Replace the removed concrete with concrete to match the surrounding area.

Submit the final closure data to the geologist. The data includes all permits, destruction certificate for the tank and waste manifest for the rinsate.

PHASE III _ NEW WASTE OIL TANK
r provide and install a 280-gallon UL 142 double wall waste oil tank with the following equipment:
2 each 4" emergencY vents
Primary tank level gauge
Annular space leak gauge
Double tap bushing with suction stub (for product removal) provide and install all required product and fire department decals and placards Anchor the tank to the concrete pad to meet zone 4 seismic requirements Provide and install a fill spill bucket on the tank with screen.

CB;Monterey Park City Yad UST removal / AST installation Proposal 2309-2856-0 I
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2

Tank Specialists of Califotnia
IJST Removal / AST InstaUution Proposal
r Provide a2" updraftvent and provide the required vent cap' . Provide and install a grounding rod and cable attached to the tank. . provide and install (3) three bolt down crash posts into the existing concrete slab. . Provide and install an air powered diaphragm evacuation pump' r Modifu the existing waste oil caddies with quick disconnect couplers to connect to the evacuation sYstem.
. Make all air connections to the pump using existing shop air supply with a removable hose.

PHASE IV. TEST INSTALLATION AND TRAIN PERSONNEL
Test the completed systems
Train facility personnel.
o
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COSTS NOT INCL IN THE CT
o
Disposal of toxic or hazardous liquids (greater than 50 gallons) from rinsing the tanks will be peribrmed at the rate of $3.55 pergallon. Solids willbe billed separately at 350.00 per drum' If soil contamination is encountered, all investigative or corrective measures are beyond the scope ofthis proposal.

Costs for compaction testing of the excavation.

The costs to remove, repair, or relocate underground utilities (not identified by underground alert) or hazards that interfere with the proposed excavation or are damaged during the excavation.

O Costs for back registration if the tanks are not current' GB:Montersy Park City Ymd UST removal / AST installation Proposal 2309-2856-01
J

I
Tank Specialists of Caffirnia
IJST Removul / AST Instsilation Proposal

PAYMENT SCHEDULE
Invoices are to be submitted at the following project milestones and are due and payable atthat time:

TOTAL COST THIS PROPOSAL. $48,331.00
Tank Specialties, Inc. D.B.A. Tank Specialists of California is classified as a General Engineeiing Contractor - identified by the State of California Contractor's State License Board unJ ir subject to and governed by the guidelines established within that regulatory body.

Should payment not be received at the above referenced times, Contractor reserves the right to terminate the agreement, declare a default and recover all out of pocket expenses to the date of termination, plus costs of demobilization and a fee of fifteen percent (15%).

Liability and Worker's Compensation Certificates supplied upon request, our limits are as follows;
S5,000,000.00 Professional/Pollution General Liability
$ 1,000,000.00 Workers Comp
$ 1,000,000.00 Auto Liability
Thank you for the opportunity of serving you. We look forward to working with you and your organ\zation. If you have any questions, please do not hesitate to call.

Respectfully,

TANK SPECIALISTS OF CALIFORIIIA
G. tsacke
President
(esl) 676-0600
sarvb@tank-snec ial i sts.com
www.tank-spec ial ists.com
GB:Monterey Park City Yad UST removal / AST installation Proposal 2309-2856-01
4

Staff Report
February 19, 2025

ATTACHMENT 2
Tank Specialists of California
Proposal No. 2309-2857-01
Fire Station 1

YOUR PARTNER IN A GREENERENVIRONMENT
January 27,2025
City of Monterey Park
Attn; Mr. Bruce S. Fallon
320 West Newmark Ave.

Monterey Park, CA 91754
Subject: UST Removal / AST Installation Proposal
Proposal No. 2309-2857-01
Site Locations: Fire Station #l
Mr. Fallon:

Tank Specialists of California is pleased to submit the following proposal for the removal of one (l) 500-gallon underground waste oil tank and the installation of one (l) 280-gallon above ground waste oil tank at the above referenced address.

Bid includes all required prevailing wages

PHASE I - CAD DESIGN AND PERMITTING
Prepare CAD drawings.

Submit drawings and obtain approvals with permits from the Coun$ of Los Angeles Department of Environmental Health and the City of Monterey Purk Fire Department' (Permit fees included)

PHASE II - TANK OVAL
o Contact Underground Service Alert.
o provide construction area delineation. (We will follow all required BMP's) o Sawcut the existing concrete pad.
o Breakout the concrete over the (1) 500-gallon waste oil tank and dispose' o

o
a
Tank Specialists of California
IIST Removal / AST Instsllation Proposal
o
a
Demo the remote fill in the building.

Uncover the tank and stockpile the spoils for reuse.

Triple rinse the tank and piping (in place per fire department/regulatory agency

1..qui..111.nts). Bid includes up to 50 gallons product/rinsate disposal, which includes the initial free product removal (we assume the tanks are empty).

Verify the tanks lower explosion limit (LEL) utilizing a calibrated/certified meter. Certify the tanks as clean so that they can be transported and disposed of as non-haz.

Load and secure the tank on a trailer and dispose of at a state certified disposal facility.

Obtain andanalyze,by a state registered geologist, up to l@g-13) soil samples underthe tank and piping per EPA test methods Mod. 8015/8020 (G,D), BTX&E and MTBE' as applicable.

Backfill and compact, to grade, the excavations with backfill and provide required compaction.

Replace the removed concrete with concrete to match the surrounding area.

Submit the final closure data to the geologist. The data includes all permits, destruction certificate for the tank and waste manifest for the rinsate.

PHASE III _ NEW WASTE OIL TANK
. Provide and install a 28}-gallon UL 142 double wall waste oil tank with the following equipment:
2 each 4" emergency vents
Primary tank level gauge
Annular space leak gauge
Double tap bushing with suction stub (for product removal) Provide and install all required product and fire department decals and placards Anchor the tank to the concrete pad near the existing hazardous material cabinet adjacent to the wall.

Provide and install a fill spill bucket on the tank with screen GB:Monterey Park FS I UST removal / AST installation
Proposal 2309-2857-0 I
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Tank Specialists of CaliJbrnia
UST Removul / AST Installation Ptoposal
o
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GB:Monterey Park FS I UST removal / AST installation
Proposal 2309-2857-01
a
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Provide a2" updraft vent and provide the required vent cap.

Provide and install a grounding rod and cable attached to the tank.

Provide and install (4) four bolt down crash posts into the existing concrete slab.

Provide and install an air powered diaphragm evacuation pump.

Modify the existing waste oil caddies with quick disconnect couplers to connect to the evacuation system.

Make all air connections to the pump using existing shop air supply and plumb to the exterior of the building to the tank location.

PHASE IV - TEST INSTALLATION AND TRAIN PERSONNEL
Test the completed systems.
a
a Train facility personnel

COSTS NOT INCLUDED IN THF' PROJECT
Disposal of toxic or hazardous liquids (greater than 50 gallons) from rinsing the tanks will be performed at the rate of $3.55 per gallon. Solids will be billed separately at 350.00 per drum.

If soil contamination is encountered, all investigative or corrective measures are beyond the scope ofthis proposal.
o Costs for compaction testing of the excavation.

The costs to remove, repair, or relocate underground utilities (not identified by underground alert) or hazards that interfere with the proposed excavation or are damaged during the excavation.

Costs for back registration if the tanks are not current.

J

Tank Specialists of Califomia
UST Removul / AST Installstion Ptoposal

PAYMENT SCHEDULE
Invoices are to be submitted at the following project milestones and are due and payable at that time:

TOTAL COST THrS PROPOSAL................... $491869.00
Tank Specialties, Inc. D.B.A. Tank Specialists of California is classified as a General Engineeiing Contractor - identified by the State of California Contractor's State License Board and is subject to and governed by the guidelines established within that regulatory body' Should payment not be received at the above referenced times, Contractor reserves the right to terminate ih" ug."".ent, declare a default and recover all out of pocket expenses to the date of termination, plus costs of demobilization and a fee of fifteen percent (15%).

Liability and Worker's Compensation Certificates supplied upon request, our limits are as follows;
$5,000,000.00 Professional/Pollution General Liability
$1,000,000.00 Workers Comp
$ 1,000,000.00 Auto Liability
Thank you for the opportunity of serving you. We look forward to working with you and your organization. If you have any questions, please do not hesitate to call.

Respectfully,

TANK SPECIALISTS OF CALIFORNIA
G. tsacke
President
(951) 676-0600
sarvb@tank-sDecial i sts.com
www.tan k-spec ial i sts.com
GB:Monterey Park FS I UST rernoval / AST installation
Proposal 2309-2857-01
4

Staff Report
February City Council Staff Report
DATE
: February 19, 2025
AGENDA ITEM NO:

TO: H
onorable Mayor and Members of the City Council
FR
OM: Karl H. Berger, City Attorney
Solange Fortenbach, Deputy City Attorney
SUBJECT: Consideration and possible action to adopt Resolution No. XX - A Resolution authorizing the recording of a Notice of Special Assessment for Nuisance Abatement a gainst the o wner of 803 Loma Verde Street (APN 5262-020-014).

RECOMMENDATION:

It
is recommended that the City Council consider:

1. Adop
t Resolution No. 25 -XX to authorize the recording of a notice of special assessment for nuisance abatement on the owner of 803 Loma Verde Street; or

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

EXECUTIVE SUMMARY:

Dur
ing the past several years, the property located at 803 Loma Verde, APN 5262- 020- 014 (“Property”) has consistently been in a state of blight, among other violations of the Monterey Park Municipal Code (“ MPMC”) amounting to public nuisances. On June 19, 2024, City staff engaged in abatement of public nuisances on the Property, the costs for which the City is entitled to recoup.

The C
ity Attorney accordingly recommends that the City Council adopt a Resolution authorizing the recording of a public nuisance abatement lien on the Property in order to recoup by special tax assessment the City’s costs of abating violations of the BMC.

BACKGROUND:
803 Lo
ma Verde is located in the City of Monterey Park, State of California, and can be more particularly described as Assessor’s Parcel Number 5262-020-014 (“Property”).

The P
roperty is a one- story home located on a residential block. The owners of the Property are Jaye M. Uribe and Anne L. Chan. The main residence at the Property was New Business - 5A

Staff Report

February 19, 2025

built in 1948 and is 1,582 square feet. The total lot area of the Property is 5,950 square feet and is situated on a corner that allows complete views of the Property’s exterior from the public right-of-way.

The City’s code enforcement efforts at the Property goes back as far as August of 2021.

These efforts centered on addressing overgrown vegetation and excessive amounts of trash, junk and debris on the exterior of the Property , which was, among other things, attracting vermin and a blight to community. Between August 31, 2021, and October 20, 2022, Code Enforcement Officers (CEOs) inspected the exterior of the Property from the public right-of-way at least 22 times from the date range of August 31, 2021 to August 25, 2022, consistently observing these violations continuing unabated through today.

Following numerous notices and administrative citations issued to the property owner, on October 28, 2022, a noticed administrative hearing was held in which the hearing officer determined that the Property was maintained in violation of MPMC § 4.30.50, constituting a public nuisance, and is subject to abatement by the City if not brought into compliance within 30 days.

On June 18, 2024, the City obtained an abatement warrant issued by the Honorable Judge Adam Chang (“Warrant”). The Warrant authorized the City to abate Municipal Code violations, including removing overgrown vegetation; removing accumulated trash, just and debris; and removing abandoned, broken, and unused equipment and machinery.

After still being unable to obtain voluntary compliance and being fully advised of the City’s intention to abate with personnel, on June 19, 2024, the City executed that warrant a nd abated the Property, removing all items in violation of the MPMC from the Property’s exterior. The cost to abate the Property totaled $16,714.04.

On December 12, 2024, the City Attorney’s Office sent the property owner a “Notice of Proposed Recording of Lien and Existing Public Nuisances” (“Notice of Special Assessment”). The Notice of Special Assessment informed the property owner of the additional fees being demanded, as well as the date and time this Resolution would be heard for the opportunity to contest this demand to the City Council.

FISCAL IMPACT:

Adopting this Resolution is expected to result in recouping a substantial portion, if not all, of the City’s abatement costs to date related to the Property.

Staff Report

February 19, 2025
Respectfully submitted by:

Solange Z. Fortenbach
Deputy City Attorney

ATTACHMENTS

1. Resolution No. 25-XX

Staff Report
February 19, 2025

ATTACHMENT 1

Resolution No 25-XX

CITY OF MONTEREY PARK

RESOLUTION NO. 25-XX

A RESOLUTION TO RECORD A NOTICE OF SPECIAL ASSESSMENT
FOR NUISANCE ABATEMENT 803 LOMA VERDE STREET
(APN 5262-020-014).

THE CITY COUNCIL OF THE CITY OF MONTEREY PARK RESOLVES AS FOLLOWS:

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

A. 803 Loma Verde is located in the City of Monterey Park, State of California, and can be more particularly described as Assessor’s Parcel Number 5262-020-014 (“Property”);

B. The Property is a one-story home located on a residential block. The owners of the Property are Jaye M. Uribe and Anne L. Chan. The main residence at the Property was built in 1948 and is 1,582 square feet. The total lot area of the Property is 5,950 square feet and is situated on a corner that allows complete views of the Property’s exterior from the public right-of-way;

C. The City’s code enforcement efforts at the Property goes back as far as August of 2021. These efforts centered on addressing overgrown vegetation and excessive amounts of trash, junk and debris on the exterior of the Property , which was, among other things, attracting vermin and a blight to community. Between August 31, 2021, and October 20, 2022, Code Enforcement Officers (CEOs) inspected the exterior of the Property from the public right-of-way at least 22 times from the date range of August 31, 2021 to August 25, 2022, consistently observing these violations continuing unabated through today;

D. Following numerous notices and administrative citations issued to the property owner, on October 28, 2022, a noticed administrative hearing was held in which the hearing officer determined that the Property was maintained in violation of MPMC § 4.30.50, constituting a public nuisance, and is subject to abatement by the City if not brought into compliance within 30 days;

E. On June 18, 2024, the City obtained an abatement warrant issued by the Honorable Judge Adam Chang (“Warrant”). The Warrant authorized the City to abate Municipal Code violations, including removing overgrown vegetation; removing accumulated trash, just and debris; and removing abandoned, broken, and unused equipment and machinery. After still being unable to obtain voluntary compliance and being fully advised of the City’s intention to abate with personnel,

on June 19, 2024, the City executed that warrant and abated the Property, removing all items in violation of the MPMC from the Property’s exterior. The cost to abate the Property totaled $16,714.04;

F. On December 12, 2024, the City Attorney’s Office sent the property owner a “Notice of Proposed Recording of Lien and Existing Public Nuisances” (“Notice of Special Assessment”). T he Notice of Special Assessment informed the property owner of the additional fees being demanded, as well as the date and time this Resolution would be heard for the opportunity to contest this demand to the City Council;

G. The City has not received any response from the property owner regarding the Notice of Special Assessment; and

H. Pursuant to Government Code § 38773.5 and Monterey Park Municipal Code §

4.30.150, the City may recoup its abatement related costs in the form of a lien against the Property to be collected by special assessment.

SECTION 2. Approval. The City Council approves, confirms and adopts the Statement attached as Exhibit “A,” and incorporated by reference, and determines that each such charge, totaling $16,714.04, is proper and correct. Such charges constitute a lien on the real property upon which the public nuisance was abated and will be collected as a special assessment against the real property.

SECTION 3. Authorization. The City Clerk is directed to:

A. Mail a copy of the Notice of Special Assessment attached as Exhibit “B,” and incorporated by reference, to the property owner by certified mail;

B. File a certified copy of this Resolution (with attachments) with the Los Angeles County Assessor and Treasurer and Tax Collector;

C. Submit a certified copy of this Resolution (with attachments) with the Los Angeles County Recorder for recordation, pursuant to Government Code § 38773.5;

D. Direct the Los Angeles County Assessor to enter the amount of the charge against the real property described in this Resolution on the current assessment rolls; and

E. Take any other action necessary to effectuate this Resolution.

SECTION 4. The Los Angeles County Assessor and Treasurer and Tax Collector are requested to record a public nuisance abatement lien against the Property pursuant to MPMC § 4.30.150.

SECTION 5. This Resolution does not affect any penalty, forfeiture or liability incurred before, or preclude prosecution and imposition of penalties for any violation incurring before, this Resolution’s effective date. Any such amended part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Resolution.

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

SECTION 7. Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.

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

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

PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MONTEREY PARK ON THIS ____ DAY OF February, 2025.

____________________________
Vinh T. Ngo, Mayor

ATTEST:
___
____________________________
Maychelle Yee, City Clerk
APPROVED AS TO FORM: KARL H .

BERGER, CITY A TTORNEY
________________________________
Solange Fortenbach, Deputy City Attorney

Exhibits: A – Statement of Abatement Costs
B – Notice of Special Assessment

Exhibit A
Accounting of Abatement-Related Costs

2022-2024 Abatement

Code Enforcement Costs
Hours Position Code Compliance
Officer Name
Cost

2.5 Senior Code Compliance Officer Rey Lozano $90.00

7.5 Code Enforcement Officer Stephanie $243.23

0.25 Code Enforcement Officer Liz $8.11
Total $341.34

Monterey Park City Attorney’s Office – 803 Loma Verde
Date Attorney Name Base Hours Base Amount
5/1/2024 Solange Fortenbach 0.5 $115.50
5/3/2024 Solange Fortenbach 0.4 $92.40
5/6/2024 Solange Fortenbach 0.7 $161.70
5/7/2024 Solange Fortenbach 0.4 $92.40
5/20/2024 Solange Fortenbach 0.3 $69.30
5/14/2024 Solange Fortenbach 0.1 $23.10
5/22/2024 Solange Fortenbach 0.2 $46.20
5/23/2024 Solange Fortenbach 1.2 $277.20
5/23/2024 Solange Fortenbach 0.3 $69.30
5/28/2024 Solange Fortenbach 1.7 $392.70
5/29/2024 Solange Fortenbach 0.4 $92.40
5/29/2024 Solange Fortenbach 0.8 $184.80
5/20/2024 Timothy Campen 0.6 $138.60
6/4/2024 Timothy Campen 0.4 $92.40

6/1/2024 Solange Fortenbach 0.5 $115.50
6/4/2024 Solange Fortenbach 4.5 $1,039.50
6/5/2024 Solange Fortenbach 3.9 $900.90
7/1/2024 Solange Fortenbach 1.8 $415.80
6/7/2024 Solange Fortenbach 7 $1,617.00
6/9/2024 Solange Fortenbach 0.1 $23.10
6/11/2024 Solange Fortenbach 0.1 $23.10
6/10/2024 Solange Fortenbach 0.9 $207.90
6/12/2024 Solange Fortenbach 2 $462.00
6/13/2024 Solange Fortenbach 0.9 $207.90
6/18/2024 Solange Fortenbach 0.1 $23.10
6/18/2024 Solange Fortenbach 0.8 $184.80
6/17/2024 Solange Fortenbach 0.9 $207.90
7/1/2024 Solange Fortenbach 0.4 $92.40
6/21/2024 Solange Fortenbach 0.2 $46.20
6/24/2024 Solange Fortenbach 0.6 $138.60
6/27/2024 Solange Fortenbach 0.3 $69.30
6/21/2024 Timothy Campen 0.3 $69.30
6/18/2024 Timothy Campen 0.3 $69.30
6/7/2024 Timothy Campen 0.3 $69.30
11/5/2024 Solange Fortenbach 0.5 $115.50
11/19/2024 Solange Fortenbach 0.2 $46.20
11/20/2024 Solange Fortenbach 0.1 $23.10
12/2/2024 Solange Fortenbach 0.2 $46.20

12/3/2024 Solange Fortenbach 0.3 $69.30
12/4/2024 Solange Fortenbach 0.3 $69.30
12/5/2024 Solange Fortenbach 1.2 $277.20

36.7 $8,477.70
G&
S Junk Removal – Invoice
Date Description Amount
06-19-2024 Cleanup of Private Property $6320.00
Total $6,320.00
Hea
ring Officer – Invoice
Date Description Amount
10-28-2022 Administrative Hearing $1,575.00
Total $1,575.00
Total 2023-2024 Abatement Costs: $16,714.04
Adm
inistrative Citations 2022-2023
Date Citation/Case Number Amount
02-18-2022 22-0003 $100.00
7-18-2022 23-0071 $500.00
7-20-2023 23-0072 $500.00
06-26-2023 23-0069 $500.00
07-03-2023 21-1132 $200.00
Total $1,800.00
Total 2022-2023 Administrative Citations: $1,800.00

INVOICE
G&S Junk Removal
538 N Fair Oaks Ave
Pasadena, CA 91103
[email protected]
+1 (626) 217-0083
www.gsjunkremoval.com
Bill to
City of Monterey Park
320 W. NEWMARK AVE
MONTEREY PARK, Ca 91754
Ship to
City of Monterey Park
320 W. NEWMARK AVE
MONTEREY PARK, Ca 91754
Invoice details
Invoice no.: 1309
Terms: Net 30
Invoice date: 06/19/2024
Due date: 07/19/2024
#
Date Product or service Description Qty Rate Amount

1. Junk Removal - 22 Yard Dump Truck Labor and Disposal Fees included. 4 $1,500.00 $6,000.00

2. Labor - Personal 1 Hour Down time - 4 Labors 4 $80.00 $320.00 Ways to pay
Contact G&S Junk Removal to pay.

Note to customer
4 Loads completed.
4 labors
1 hour downtime
Jobsite: 803 Loma Verde Ave
Total $6,320.00
Payment -$6,320.00
Balance due $0.00
Paid in Full
View invoice online
Scan code or go to the link below to view the invoice online View invoice

Recording requested by:

City of MONTEREY PARK
When r
ecorded, mail to:

City of Monterey Park
Attn: City Clerk
320 Newmark Avenue
Monterey Park, CA 91754
No fee per Government Code § 6103

NOTICE OF SPECIAL ASSESSMENT AND LIEN
NOTICE IS HEREBY GIVEN that the City of Bellflower claims a special assessment against the real property hereafter described ("the subject property") for the costs it incurred to abate a public nuisance threat as ordered by City Council Resolution No. 25-XX adopted on February 19, 2025 (attached as Exhibit " 1"), pursuant to an abatement of public nuisance action. Additionally, attached as Exhibit "2" is a demand letter to the property owner outlining the specifics of the assessment and the required payment.

The amount of the abatement is TWENTY -TWO THOUSAND SIXTY -THREE DOLLARS AND NINETY-EIGHT CENTS ($16,714.04).

Recordation of this notice against the subject properties is made pursuant to Bellflower Municipal Code § 8.36.190. Once recorded, this notice will constitute a lien against the subject property until the special assessment is paid in full. The special assessment will be collected in the manner prescribed by Government Code § 38773.5. In addition to constituting a lien against the subject properties, this special assessment will be a personal obligation of its owner(s).

Pursuant to Government Code § 38773.5(c), the owner of record of the subject property has been notified by certified mail as follows: THE PROPERTY MAY BE SOLD AFTER

THREE YEARS BY THE TAX COLLECTOR FOR UNPAI D DELINQUENT ASSESSMENTS.

This Notice concerns the following real property:

L.A. County A.P.N.: 5262-020-014
Street Address: 803 Loma Verde, Monterey Park, CA 91754 Legal Description:

TRACT NO 10409 LOT 28 BLK 4
The owner of record of the subject property according to Los Angeles County Assessor Records is Jaye Uribe and Anne Chan.

EXHIBIT B

Signed the ______ day of February, 2025.

City of Monterey Park

___________________________
Inez Alvarez, City Manager

THIS PAGE IS FOR INSTRUCTION ONLY. DO NOT INCLUDE.

(ATTACH NOTARY PAGE RE CITY MANAGER SIGNATURE)

(ATTACH RESOLUTION AND A COPY OF THE NOTICE THAT WAS SENT TO THE

PROPERTY OWNER)

Direct No.: 949.265.3416
[email protected]
Los Angeles – Inland Empire – Marin County – Oakland – Orange County – Palm Desert – San Diego – San Francisco – Silicon Valley – Ventura County 18300 Von Karman Avenue - Suite 650
Irvine, California 92612- 1032
voice 949.863.3363 - fax 949.863.3350
www.bwslaw.com
December 12, 2024

VIA REG ULAR AND CERTIFIED MAIL

Jaye Uribe and Anne Chan
803 Loma Verde St.

Monterey Park, CA 91754

Re: DEMAND LETTER – Notice of Proposed Recording of Lien and Existing Public Nuisances
803 Loma Verde St., Monterey Park, CA 91754
APN: 5262-020-014

Dear Mr. Uribe and Ms. Chan:

As you are aware, this law firm serves as the City Attorney’s Office for the City of Monterey Park (“City”), and I serve as its Deputy City Attorney. This letter notifies you of the City’s determination of collection by special assessment of the full cost of its abatement efforts to bring your property at 803 Loma Verde Street (“Property”) into compliance with the neighborhood preservation requirements of Monterey Park Municipal Code (“MPMC”) § 4.30.

This Property has a long history of code enforcement violations and notices from the City involving the accumulation of prohibited items on the exterior of your Property going back as far as August of 2021. Following numerous notices and administrative citations issued to you, on October 28, 2022, a noticed administrative hearing was held in which the hearing officer determined that the Property was maintained in violation of MPMC § 4.30.50, constituting a public nuisance, and is subject to abatement by the City if not brought into compliance within 30 days.

On June 18, 2024, the City obtained an abatement warrant issued by the Honorable Judge Adam Chang. After still being unable to obtain voluntary compliance and being fully advised of the City’s intention to abate with personnel, on June 19, 2024, the City executed that warrant and abated your Property, removing all items in violation

Jaye Uribe and Anne Chan
December 12, 2024

of the MPMC from the Property’s exterior. The cost to abate the Property totaled $16,714.00. An accounting of these costs is attached hereto as Exhibit A

1. Please be advised that pursuant to MPMC Chapter 4.302, the City is entitled to recover its abatement-related costs from you.

The City has det ermined abatement costs up to the present total to be $16,714.00. This amount is subject to increase until final payment is made as further legal fees accumulate to collect these outstanding costs.

Please be further advised that you have until January 15, 2025, to remit to the City the total sum of $16,714.00 by cashier’s check to avoid the City seeking and imposing a special assessment lien on the Property. Payment should be made out to “City of Monterey Park,” should reference “Abatement reimbursement for 803 Loma Verde Street,” and can be submitted in person or mailed.

Please be further advised t hat pursuant to MPMC § 4.30.150(a), “persons failing to abate a public nuisance as ordered pursuant to this chapter, will be obligated to pay all city expenses of abating the nuisance and all administrative costs associated therewith.”
Please be further advised of the following pursuant to MPMC § 4.30.150:

C. The City Attorney or City Prosecutor shall establish the notice of special assessment form for use or consideration by the Tax Collector in collecting a special assessment.

D. The notice of special assessment shall be entitled to recordation with the Los Angeles County Recorder’s office.

E. The amount of a special assessment shall also constitute a personal obligation of the property owners of land upon which the nuisance was abated.

Please be further advised t
hat on February 12, 2025 at 7:00 p.m., a resolution
will be brought before the Monterey Park City Council at its regularly scheduled council meeting to authorize a special assessment for the collection of all abatement costs

1 Also included in Exhibit A is the total amount of unpaid administrative citations you owe the City. 2 The Monterey Park Municipal Code may be accessed at https://ecode360.com/43876702#43876702.

Jay
e Uribe and Anne Chan
December 12, 2024

pursuant to BMC § 8.36.190. You ar e free to attend this meeting and be heard by the City Council on this matter, contest the amount of the lien being pursued, or otherwise challenge this resolution to record the lien against your Property.

Lastly, the City has been notified of the rekindling of public nuisance c onditions at the Property. On December 3, 2024, Code Enforcement Officers inspected the Property and observed overgrown vegetation, blight and bulky item storage on the exterior of the Property. In addition, Code Enforcement has for months continued to observe an inoperable vehicle parked on the driveway which blocks the sidewalk. Photographs from this inspection are attached in Exhibit B. These conditions constitute public nuisances as defined in the MPMC and must be mitigated immediately to gain compliance.

NOTICE OF PUBLIC NUISANCES
Not
ice is hereby given that the following public nuisance conditions, activities, or uses exist on the premises described above Property.

1. MP
MC 4.30.050(j) – Overgrown vegetation

2. MPMC 4.30.050(l) – Accumulation of trash, junk, debris, etc.

3. MPMC 4.30.050(m)(2) – Junk, salvage materials, solid waste, etc.

4. MPMC 4.30.050(m)(5) – Inoperable Vehicle
Please feel free to contact me with any questions you may have relating to the demand for payment at [email protected] or (949) 265-3416. Please contact Senior Code Compliance Officer Reymundo Lozano at (626) 307-1316 for questions regarding gaining compliance with the MPMC.

Sincerely,

BURKE, WILLIAMS & SORENSEN, LLP
Solange Fortenbach

Jaye Uribe and Anne Chan
December 12, 2024

Attachments:

Exhibit A – Abatement Costs
Exhibit B – Photographs – December 3, 2024

SF:SF
cc: Reymundo Lozano, Senior Code Compliance Officer
Timothy Campen, Assistant City Attorney
Karl H. Berger, City Attorney

Exhibit A
Accounting of Abatement-Related Costs

2022-2024 Abatement

Code Enforcement Costs
Hours Position Code Compliance
Officer Name
Cost

2.5 Senior Code Compliance Officer Rey Lozano $90.00

7.5 Code Enforcement Officer Stephanie $243.23

0.25 Code Enforcement Officer Liz $8.11
Total $341.34

Monterey Park City Attorney’s Office – 803 Loma Verde
Date Attorney Name Base Hours Base Amount
5/1/2024 Solange Fortenbach 0.5 $115.50
5/3/2024 Solange Fortenbach 0.4 $92.40
5/6/2024 Solange Fortenbach 0.7 $161.70
5/7/2024 Solange Fortenbach 0.4 $92.40
5/20/2024 Solange Fortenbach 0.3 $69.30
5/14/2024 Solange Fortenbach 0.1 $23.10
5/22/2024 Solange Fortenbach 0.2 $46.20
5/23/2024 Solange Fortenbach 1.2 $277.20
5/23/2024 Solange Fortenbach 0.3 $69.30
5/28/2024 Solange Fortenbach 1.7 $392.70
5/29/2024 Solange Fortenbach 0.4 $92.40
5/29/2024 Solange Fortenbach 0.8 $184.80
5/20/2024 Timothy Campen 0.6 $138.60
6/4/2024 Timothy Campen 0.4 $92.40

6/1/2024 Solange Fortenbach 0.5 $115.50
6/4/2024 Solange Fortenbach 4.5 $1,039.50
6/5/2024 Solange Fortenbach 3.9 $900.90
7/1/2024 Solange Fortenbach 1.8 $415.80
6/7/2024 Solange Fortenbach 7 $1,617.00
6/9/2024 Solange Fortenbach 0.1 $23.10
6/11/2024 Solange Fortenbach 0.1 $23.10
6/10/2024 Solange Fortenbach 0.9 $207.90
6/12/2024 Solange Fortenbach 2 $462.00
6/13/2024 Solange Fortenbach 0.9 $207.90
6/18/2024 Solange Fortenbach 0.1 $23.10
6/18/2024 Solange Fortenbach 0.8 $184.80
6/17/2024 Solange Fortenbach 0.9 $207.90
7/1/2024 Solange Fortenbach 0.4 $92.40
6/21/2024 Solange Fortenbach 0.2 $46.20
6/24/2024 Solange Fortenbach 0.6 $138.60
6/27/2024 Solange Fortenbach 0.3 $69.30
6/21/2024 Timothy Campen 0.3 $69.30
6/18/2024 Timothy Campen 0.3 $69.30
6/7/2024 Timothy Campen 0.3 $69.30
11/5/2024 Solange Fortenbach 0.5 $115.50
11/19/2024 Solange Fortenbach 0.2 $46.20
11/20/2024 Solange Fortenbach 0.1 $23.10
12/2/2024 Solange Fortenbach 0.2 $46.20

12/3/2024 Solange Fortenbach 0.3 $69.30
12/4/2024 Solange Fortenbach 0.3 $69.30
12/5/2024 Solange Fortenbach 1.2 $277.20

36.7 $8,477.70
G&
S Junk Removal – Invoice
Date Description Amount
06-19-2024 Cleanup of Private Property $6320.00
Total $6,320.00
Hea
ring Officer – Invoice
Date Description Amount
10-28-2022 Administrative Hearing $1,575.00
Total $1,575.00
Total 2023-2024 Abatement Costs: $16,714.04
Adm
inistrative Citations 2022-2023
Date Citation/Case Number Amount
02-18-2022 22-0003 $100.00
7-18-2022 23-0071 $500.00
7-20-2023 23-0072 $500.00
06-26-2023 23-0069 $500.00
07-03-2023 21-1132 $200.00
Total $1,800.00
Total 2022-2023 Administrative Citations: $1,800.00

INVOICE
G&S Junk Removal
538 N Fair Oaks Ave
Pasadena, CA 91103
[email protected]
+1 (626) 217-0083
www.gsjunkremoval.com
Bill to
City of Monterey Park
320 W. NEWMARK AVE
MONTEREY PARK, Ca 91754
Ship to
City of Monterey Park
320 W. NEWMARK AVE
MONTEREY PARK, Ca 91754
Invoice details
Invoice no.: 1309
Terms: Net 30
Invoice date: 06/19/2024
Due date: 07/19/2024
#
Date Product or service Description Qty Rate Amount

1. Junk Removal - 22 Yard Dump Truck Labor and Disposal Fees included. 4 $1,500.00 $6,000.00

2. Labor - Personal 1 Hour Down time - 4 Labors 4 $80.00 $320.00 Ways to pay
Contact G&S Junk Removal to pay.

Note to customer
4 Loads completed.
4 labors
1 hour downtime
Jobsite: 803 Loma Verde Ave
Total $6,320.00
Payment -$6,320.00
Balance due $0.00
Paid in Full
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Exhibit B