Agenda packet, regular meeting — Monterey Park City Council, July 2, 2025 (part 1 of 8)

City Council of Monterey Park
The City Council Acting on Behalf of the Successor Agency of the Former Redevelopment Agency, the Housing Authority, the Monterey Park Financing Authority and the Monterey Park Geologic Hazard Abatement District Agenda

Regular Meeting
Monterey Park City Hall Council Chambers
320 West Newmark Avenue, Monterey Park, CA 91754

Wednesday, July 2, 2025
6:30 PM
Mission Statement
The mission of the City of Monterey Park is to provide excellent service, foster growth and opportunity, and create a joyous and collaborative environment.

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

General Information
Documents related to an Agenda item are available to the public in the City Clerk’s Office located at 320 West Newmark Avenue, Monterey Park, CA 91754, during normal business hours and at www.montereypark.ca.gov/agendas.

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

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

While all comments are welcome, the Brown Act does not allow the City Council to take action on any item not on the agenda. The Council may briefly respond to comments after Public Communications is

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closed. Persons may, in addition to any other matter within the City Council's subject-matter jurisdiction, comment on Agenda Items at this time. If you provide public comment on a specific Agenda item at this time, however, you cannot later provide comments at the time the Agenda Item is considered.

1. Call to Order
Mayor

2. Flag Salute
The Monterey Park Fire Explorers

3. Roll Call
Henry Lo, Vinh Ngo, Jose Sanchez, Thomas Wong, Elizabeth Yang

4. Agenda Additions, Deletions, Changes and Adoptions

5. Public Communications

6. Staff Communications

6.A. Library

6.B. Recreation and Community Services

6.C. Public Works

7. Presentation

7.A. Development Projects Update

7.B. Economic Development Strategic Plan Update

8. Old Business

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

9.A. Monthly Investment Report

It is recommended that the City Council consider:

1. Receiving and filing the monthly investment report; and

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

9.B. Resolution approving the Memorandum of Understanding between the City and the Monterey Park Police Officers' Association for the term of July 1, 2025 to June 20, 2028

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It is recommended that the City Council consider:

1. Adopting a Resolution approving a Memorandum of Understanding ("MOU") between the City of Monterey Park and the Monterey Park Police Officers' Association ("MPPOA"). The MPPOA represents the police corporals and police officers in the Monterey Park Police Department; and

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

9.C. Receive and File Housing Element Correspondence with California Department of Housing and Community Development

It is recommended that the City Council consider:

1. Receiving and filing the report; and

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

9.D. Maintenance Agreement with Trojan Technologies Corp.

It is recommended that the City Council consider:

1. Authorizing the City Manager to execute an Agreement with Trojan Technologies Corp., (“Trojan”) in a form approved by the City Attorney, for the maintenance of its Advanced-Oxidation Ultraviolet Treatment System at a cost not to exceed $315,000; and

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

CEQA (California Environmental Quality Act):

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

9.E. A Resolution Declaring the Month of July as “Parks Make Life Better” Month in the City of Monterey Park

It is recommended that the City Council consider:

1. Adopting a Resolution declaring the month of July as “Parks Make Life Better” Month in the City of Monterey Park; and

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

9.F. Consideration to provide Letter of Support for SB 627, the "No Secret Police Act," and SB 805, the “No Vigilantes Act," on behalf of the City

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It is recommended that the City Council consider:

1. If desirable, sending a letter of support for California Senate Bills 627, the "No Secret Police Act," and 805, the “No Vigilantes Act,” on behalf of the City;

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

10. Public Hearing

10.A. Adoption of an Ordinance Amending Title 6 of the Monterey Park Municipal Code in its entirety regarding public health services and incorporation of Title 11 of the Los Angeles County Code

It is recommended that the City Council consider:

1. Opening the continued public hearing; taking testimonial and documentary evidence; closing the public hearing;

2. After considering the evidence, adopting an ordinance amending Title 6 of the Monterey Park Municipal Code; and

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

10.B. Adoption of an Ordinance Updating the Fire Hazard Severity Zones ("FHSZ") Pursuant to Government Code section 51178

It is recommended that the City Council consider:

1. Opening the continued public hearing; taking testimonial and documentary evidence; closing the public hearing;

2. After considering the evidence, adopting an ordinance adopting the finalized State Responsibility Area Fire Hazard Severity Zone map; and

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

CEQA (California Environmental Quality Act):

The City reviewed the environmental impacts of the extension under the California Environmental QualityAct (Public Resources Code §§ 21000, et seq. "CEQA") and the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et. seq., the "CEQA Guidelines"). This activity contemplates administrative actions and will not result in any direct or indirect physical change in the environment. Accordingly, no further review is required.

11. New Business

12. City Communications (City Council) / Future Agenda Items

13. Closed Session (if Required; City Attorney to Announce)

14. Adjourn

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City Council Staff Report

Date: July 2, 2025
Agenda Item Number: 9.A.

To: The Honorable Mayor and City Council
From: Amy Lee, City Treasurer
Subject: Monthly Investment Report

Recommendation:

It is recommended that the City Council consider:

1. Receiving and filing the monthly investment report; and

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

Executive Summary:

As of May 31, 2025, invested funds for the City of Monterey Park total $97,864,526.80.

Background:

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

Strategic Plan Goal:

N/A

Fiscal Impact:

N/A

Attachments:

1. Monthly Investment Report

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Staff Report
July 2, 2025

ATTACHMENT 1
Monthly Investment Report

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INVESTMENTS PORTFOLIO PROFILE:

TOTAL BALANCE AT 5/31/2025 97,864,526.80$

INVESTMENT COMPOSITION
(1) LA COUNTY POOLED INVESTMENT FUND ON DEMAND 3.63% 26,378,439.78$ (2) LOCAL AGENCY INVESTMENT FUND ON DEMAND 4.272% 37,398,743.43$ (3) CHANDLER ASSET MANAGEMENT 4.69% 26,209,343.59$
Purchase Maturity Interest
(4) CERTIFICATES OF DEPOSIT Date Date Rate
1 UFIRST FEDERAL CREDIT UNION 02/24/23 08/25/25 4.85% 245,000 2 BANK OF AMERICA 07/24/24 07/24/25 4.85% 245,000
3 FLASTAR BANK NA 07/25/24 01/26/26 4.85% 245,000
4 CONNEX CU 08/06/24 08/06/25 4.95% 245,000
5 TRUSTONE FINANCIAL FCU 08/15/24 08/15/25 4.45% 245,000 6 PREFERRED BANK 09/03/24 09/03/25 4.41% 100,000
7 PREFERRED BANK 09/08/24 09/08/25 4.41% 150,000
8 FINANCIAL PARTNERS CREDIT UNION 09/13/24 09/12/25 4.35% 245,000 9 BARCLAYS BANK 09/18/24 09/18/25 4.30% 239,000
10 ROCKLAND FEDERAL CREDIT UNION 09/25/24 09/25/25 4.50% 245,000 11 KEYPOINT CREDIT UNION 10/30/24 10/30/25 4.35% 245,000 12 RIZE FED CREDIT UNION 12/13/24 12/14/26 4.25% 245,000 13 FIRST SEACOAST BANK 01/27/25 01/27/27 4.15% 247,000
14 GOLDMAN SACHES BANK 01/28/25 01/28/27 4.15% 244,000
15 FIRST BUSINESS BANK 01/30/25 01/29/27 4.15% 244,000
16 FIRST KY BANK 01/30/25 02/01/27 4.15% 249,000
17 AUSTIN TELCO FED CREDIT UNION 01/31/25 02/01/27 4.25% 249,000 18 SOUND CREDIT UNION 01/31/25 02/01/27 4.20% 249,000
19 MORGAN STANLEY BANK 02/12/25 02/12/27 4.30% 244,000
20 MORGAN STANLEY PRIVATE BANK 02/12/25 02/12/27 4.30% 244,000 21 OREGON COMMUNITY CREDIT UNION 02/24/25 02/24/27 4.30% 249,000 22 MERRICK BANK 02/28/25 02/26/27 4.30% 249,000
23 FIRST WESTERN TRUST BANK 03/06/25 03/06/26 4.25% 249,000 24 SOUTHERN STATES BANK 03/21/25 03/22/27 4.15% 249,000 25 CORPORATE AMERICA FAMILY CREDIT UN 03/27/25 03/27/26 4.25% 249,000 26 PARKWAY BANK & TRUST 03/27/25 03/27/26 4.20% 239,000 27 INSBANK 03/31/25 03/30/26 4.20% 249,000
28 TOYOTA FINANCIAL SAVINGS BANK 04/10/25 04/12/27 4.00% 245,000 29 UBS BANK 04/23/25 04/23/27 3.95% 249,000
30 AMERICAN EXPRESS NATIONAL BANK 04/30/25 04/30/27 4.05% 245,000 31 STATE BANK INDIA 05/05/25 05/05/27 4.10% 244,000
32 TRANSPORTATION ALLIANCE BANK 05/12/25 05/12/27 4.00% 249,000 33 FINWISE BANK 05/21/25 05/21/27 4.00% 249,000
Total CDs (33) 4.301% 7,878,000.00$
OTHER INFORMATION:

BANK BALANCE: (1)
$29,027,911.69
AVERAGE MATURITY DAYS 199
AVERAGE INTEREST RATE FOR THE MONTH 4.213%

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

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

CITY OF MONTEREY PARK

INVESTMENT REPORT
MAY 31, 2025

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City of Monterey Park | Account #11189 | As of May 31, 2025PORTFOLIO SUMMARYAccount Summary Total Rate of Return** 1M 3M YTD 1YR 2YRS 3YRS 5YRS 10YRS(03/12/24)City of Monterey ParkBenchmark Return

1.81AA+1.86End Values as of 04/30/2025End Values as of 05/31/2025Market ValueAccrued Interest220,936.33Total Market Value 26,664,513.11 26,639,760.3592,691.300.00 0.00ParBook ValueCost ValueFarm Credit System

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City Council Staff Report

Date: July 2, 2025
Agenda Item Number: 9.B.

To: The Honorable Mayor and City Council
From: Christine Tomikawa, Human Resources/Risk Management Director Subject: Resolution approving the Memorandum of Understanding between the City and the Monterey Park Police Officers' Association for the term of July 1, 2025 to June 20, 2028

Recommendation:

It is recommended that the City Council consider:

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

Executive Summary:

The City of Monterey Park representatives ("City") and MPPOA representatives met and onferred in good faith to negotiate the terms and conditions of a new MOU. The parties reached an agreement to be approved by the City Council for a term effective July 1, 2025 to June 30, 2028.

Background:

MPPOA's current MOU will expire on June 30, 2025. The MPPOA membership ratified the July 1, 2025 to June 30, 2028 MOU terms and conditions on June 26, 2025. The City and MPPOA have agreed to the following:
• Term - three-year agreement - July 1, 2025 to June 30, 2028 • Equity base salary adjustment - 2.9% effective the first full pay period after July 1, 2025 for both classifications.
• Base salary increase - 3.1% cost of living adjustment effective the first full pay period after July 1, 2025; 3% cost of living adjustment to base salary effective the first full pay period after July 1, 2026; and 3% cost of living adjustment to base salary effective the first full pay period after July 1, 2027.
• Article 21 Health Insurance - Cafeteria plan increase effective the first full pay period

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after July 1, 2025 to $1,995/month.
• Article 28 Salary and Wages - increase longevity pay starting at 5 years of service and modifying language to include years of sworn officer service from other public agencies. • Special Assignment - increase monthly incentive pay to $400/month and include Fleet Management assignment.
• MOU language modification.

Strategic Plan Goal:

This action supports the City Council's Strategic Plan Goal of maintaining the stability of the City's Human Resources by strengthening workforce recruitment and retention.

Fiscal Impact:

The total cost of the MOU is estimated at $559,734 for Fiscal Year 2025-2026; $279,147 estimated amount for Fiscal Year 2026-2027; and $235,827 estimated amount for Fiscal Year 2027-2028 will be budgeted appropriately. This amount will be paid by the City's General Fund.

Attachments:

1. 2025-07-02 - POA_MOUResolution

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RESOLUTION NO. ____

A RESOLUTION APPROVING THE MEMORANDUM OF
UNDERSTANDING FOR CONTRACT YEAR 2025-2028 BETWEEN THE

CITY OF MONTEREY PARK AND THE MONTEREY PARK POLICE
OFFICERS’ ASSOCIATION.

THE CITY COUNCIL RESOLVES AS FOLLOWS:

SECTION 1:City representatives, approved by the City Council, and representatives from the Monterey Park Police Officers’ Association (“POA”) met and conferred regarding wages, retirement funding, hours and the terms and conditions of employment for contract year 2025-2028.

SECTION 2:Following such negotiations, the representatives drafted a Memorandum of Understanding (“MOU”) for fiscal years 2025-2028. A copy of that MOU is attached as Exhibit “A,” and is incorporated by reference.

SECTION 3: Following a vote of its membership, the POA informed the City that it accepted the MOU.

SECTION 4: After reviewing the MOU, the City Council finds that it is in the public interest to approve it retroactively effective July 1, 2025. Accordingly, the City Manager is authorized to execute the MOU in a form approved by the City Attorney.

SECTION 5: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 6:Construction. This Resolution must be broadly construed to achieve the purposes stated in this Resolution. It is the City Council’s intent that the provisions of this Resolution be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Resolution.

SECTION 7:Effective Date. This Resolution will become effective immediately upon adoption.

PASSED AND ADOPTED this ____ day of _________, 2025.
____________________________
Vinh T. Ngo, Mayor
ATTEST:
________________________________
Maychelle Yee, City Clerk
APPROVED AS TO FORM:

Karl H. Berger, City Attorney
By:________________________________
Justin A. Tamayo, Assistant City Attorney

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City Council Staff Report

Date: July 2, 2025
Agenda Item Number: 9.C.

To: The Honorable Mayor and City Council
From: Philip Lanzafame, Interim Director of Community Development Subject: Receive and File Housing Element Correspondence with California Department of Housing and Community Development

Recommendation:

It is recommended that the City Council consider:

1. Receiving and filing the report; and

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

Executive Summary:

The City Council continues to take actions to implement the City’s certified Housing Element and the Land Use Element (Measure JJ). Most recently, the City Council adopted ordinances adding an overlay zone to portions of the City and ensuring consistency between the General Plan/Land Use Element and the zoning code to continue meeting the deadlines in the Housing Element. An inquiry from the Department of Housing and Community Development (“HCD”) regarding the City Council’s actions and changes to the Housing Element's site inventory lists prompted the attached exchange with HCD. No action is required. The item is for informational purposes only.

Background:

On April 16, 2025, the City Council adopted Ordinance No. 2261, which adds the Residential Incentive Zone to the MPMC. A full explanation regarding such action was provided at the time of introduction and at adoption. On June 18, 2025, the City Council adopted Ordinance No. 2263 to ensure consistency between our General Plan/Land Use Element and the zoning code. On June 19, 2025, the City received correspondence from HCD regarding the two items and inquired into a claim of improper substitution of sites on the City's Housing Element site inventory list. Staff responded, to the apparent satisfaction of the Department, that no such substitution had taken place and that we still relied on the originally submitted inventory of sites. A copy of the inquiry, response and acknowledgment from HCD are attached. While the staff report and exhibits to the April 16, 2025, Agenda Item were included in the response to HCD, a full copy of the item is on file with the City Clerk’s office and may also be downloaded here.

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Strategic Plan Goal:

The referenced items are intended to satisfy the 2024-25 Strategic Plan Goal to "strengthen our local economy and enhance housing opportunities" by achieving the goals and programs set forth in the HE, reducing barriers to encourage housing development, and supporting economic growth in the City.

Fiscal Impact:

There is no fiscal impact to receive and file.

Attachments:

1. HCD Correspondence and Acknowledgement of Response

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St
aff Report
July 2, 2025
AT
TACHMENT 1
HCD Correspondence and
Acknowledgement of Response

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3 City of Monterey Park

From: Errichetto, Anthony@HCD <[email protected]> Sent: Thursday, June 19, 2025 12:16 PM
To: CMO; Garcia, Diana; Lanzafame, Philip; Chow, Beth
Cc: Coy, Melinda@HCD
Subject: RE: Housing Element Site Changes

[EXTERNAL EMAIL]
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.

Hello Monterey Park team,

We received a public comment regarding the City’s implementation of the adopted 6th cycle Housing Element. Can you provide clarifying information to the public comment below, including whether any sites had been swapped for alternatives? For your information, an amendment to the City’s Housing Element may be required if sites have been changed.

Thank you,
Anthony

Anthony Errichetto

Senior Housing and Community Development Specialist

Division of Housing Policy Development
Land Use & Local Government Relations
Planning Grants & Incentives

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4 Department of Housing & Community Development
651 Bannon Street, Suite 400
Sacramento, California 95811

HCD Mission: Promote safe, affordable homes and vibrant, inclusive, sustainable communities for all Californians.

HCD Vision: Every California resident can live, work, and play in healthy communities of opportunity.

From: Luci Corona <[email protected]>
Sent: Monday, June 16, 2025 7:23 PM
To: Sites Inventory <[email protected]>; Housing Elements@HCD <[email protected]> Subject: Housing Element Site Changes

I am hoping you can help me find the right place to submit a complai nt. I would like to s ubmit a for mal complai nt regarding the City of Monterey Park’s re cent a ctions that may result in a shi ft of RHNA allocations t o a site known as Saturn Park I am hoping you can help me find the right place to submit a complaint.

I would like to submit a formal complaint regarding the City of Monterey Park’s recent actions that may result in a shift of RHNA allocations to a site known as Saturn Park without proper public transparency, Housing Element amendment, or CEQA review. This concern arises from public records, agenda materials, and direct interactions with city staff.

On February 19, 2025 (Agenda Item 3B), the city described a 'technical correction' involving the removal of RHNA housing units from city-owned parcels at Lincoln and Garvey and a proposed replacement of those units within the Saturn Park site. The Housing Element site inventory was not formally amended, and the action was not treated as a Housing Element amendment or subjected to CEQA review.

On March 19, 2025 (Agenda Item 4C), the Monterey Park City Council held a public hearing to adopt a new zoning overlay called the Residential Incentive Zone (RIZ). This ordinance amended the zoning code to allow qualifying affordable housing projects to be approved more easily—without a full discretionary review—on sites already listed in the Housing Element (Saturn Park is not listed in the site inventory). During public comment, I asked whether the RIZ changes would apply to Saturn Park in the future, city staff responded no,

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5 indicating Saturn Park was not included in the RIZ zone or subject to that ordinance. This occurred after the February RHNA shift proposal and before additional zoning changes in June.

On June 4, 2025 (Agenda Item 10.A), city Council held a public hearing and passed the first reading of an ordinance to update the zoning code to match the General Plan and 2021–2029 Housing Element. Saturn Park is currently designated as Innovation Technology in the General Plan, Land Use Element, and Housing Element.

It is not listed in the Housing Element’s site inventory for RHNA housing. Despite this, the city is working with a consultant on a ‘Saturn Park Specific Plan’ and has discussed potential mixed-use development in staff reports and project scopes.

I have seen no formal Housing Element amendment filed with HCD to include Saturn Park as a housing site.

My public records request did not produce documents explaining the legal basis for reassigning RHNA units there or avoiding the required amendment process. This raises concern that the ordinance may allow future housing development in areas not intended for it, without formal amendment or review.

I am concerned that the city is attempting to reassign RHNA housing capacity to an unlisted site (Saturn Park) through procedural steps labeled as 'technical corrections' without the appropriate public process. When asked about these actions, staff responses have been vague or dismissive. The city continues to separate related decisions across multiple meetings, making the overall plan difficult to follow. I have made efforts to stay informed and participate, but the structure of the process has made it extremely difficult.

I respectfully request that HCD review whether the proposed RHNA site shift to Saturn Park constitutes a significant change that requires a Housing Element amendment. If you could please clarify whether such a shift must be disclosed and approved by HCD and indicate whether further action will be taken.

I appreciate your attention to this matter and hope that a review will ensure the city complies fully with RHNA law and public engagement requirements. All referenced materials and public records are in my possession and can be submitted as needed to support this complaint.

Sincerely,
Lucia Roybal
[email protected]

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1 Lanzafame, Philip
From: Errichetto, Anthony@HCD <[email protected]> Sent: Monday, June 23, 2025 1:51 PM
To: Lanzafame, Philip; CMO; Chow, Beth
Cc: Coy, Melinda@HCD; Alvarez, Inez; Alvarez, Inez
Subject: RE: Housing Element Site Changes
[EXTERNAL EMAIL]
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.

Philip,

Thank you for your timely response and for the status update. Please feel free to reach out if you have any questions during the implementation process.

Kind regards,
Anthony

Anthony Errichetto

Senior Housing and Community Development Specialist

Division of Housing Policy Development
Land Use & Local Government Relations
Planning Grants & Incentives

Department of Housing & Community Development
651 Bannon Street, Suite 400
Sacramento, California 95811

HCD Mission: Promote safe, affordable homes and vibrant, inclusive, sustainable communities for all Californians.

HCD Vision: Every California resident can live, work, and play in healthy communities of opportunity.

From: Lanzafame, Philip <[email protected]> Sent: Friday, June 20, 2025 1:57 PM
To: Errichetto, Anthony@HCD <[email protected]>; CMO <[email protected]>; Chow, Beth <[email protected]>
Cc: Coy, Melinda@HCD <[email protected]>; Alvarez, Inez <[email protected]>; Alvarez, Inez <[email protected]>
Subject: Re: Housing Element Site Changes

Mr. Erric hetto – tha nk you for your inquiry on behal f of Ms. R oybal. As we have made know n to Ms. R oybal on several occ asions, there has been no c ha nges to the site inve ntory contained in our certified Cycle 6 H ousing El ement; Monter ey Park Mr. Errichetto – thank you for your inquiry on behalf of Ms. Roybal.

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2 As we have made known to Ms. Roybal on several occasions, there has been no changes to the site inventory contained in our certified Cycle 6 Housing Element; Monterey Park continues to rely on the sites identified in our housing element to meet our obligation demonstrating adequate zoning to meet our RHNA obligation.

Attached for your information are staff reports (with exhibits) regarding the City’s actions to implement its Housing Element. The most recent action, to which Ms. Roybal refers, establishes an overlay zone on properties designated by the Housing Element as being available for residential development. As explained in the staff report – and during the staff presentation for this item – the overlay is needed at this time to (1) implement the Housing Element in accordance with the schedule reviewed by HCD; and (2) to ensure that important development standards for public infrastructure are not inadvertently repealed through a comprehensive zoning update, i.e., complete amendment of the City’s zoning regulations. The area affected by the Residential Incentive Zone is currently governed through a patchwork of specific plans that incorporate various standards for street widths, sidewalks, and other public infrastructure that must be carefully analyzed before they can be amended. Neither the City’s internal staff nor its on- call consultants had the capacity to complete an analysis before the deadlines in the Housing Element.

The RIZ is intended to be, in essence, an interim zoning measure to give the City some time to fully analyze how to dissolve the various specific plans.

As to Saturn Park, Ms. Roybal is quite aware of the City Council’s intent for that area. The Land Use Element was adopted by voters (Measure JJ) in 2020. Measure JJ authorizes the City Council to adopt zoning regulations needed to implement the land use designation for Saturn Park which is “Innovation/Technology.” Background materials regarding the matter are included in the attached documents.

In short, however, discussion of the future for Saturn Park was discussed during more than 10 different public meetings including before the Planning Commission, a special commission created by the City Council for this topic (the “Saturn Park Advisory Review Committee” or “SPARC”), and the City Council itself. Based upon recommendations from the Planning Commission and SPARC, the City Council believes that Saturn Park will provide an additional opportunity, i.e., one beyond that already identified by the existing Housing Element, to promote housing opportunities. Based upon direction from the City Council on this subject, the City is currently in the process of drafting zoning regulations that make sense; the Council also previously adopted zoning for data centers that will govern a pending application. It is anticipated that a clearer picture regarding the area will emerge by the Fall.

In sum: the City is aware of its commitment under the Housing Element and is fulfilling its obligations to the public. The City Council encourages housing opportunities and is making every reasonable effort to cut through red tape to help interested developers. Should we ever wish to substitute sites on our inventory list we are aware of the necessary steps and the need for HCD review and approval. We also recognize and acknowledge that housing development is not just confined to those sites identified on the site inventory and units could potentially be built on other, suitable sites.

Please do not hesitate to contact us again should you have any questions or need additional information.

Very truly,
Philip Lanzafame
Interim Community Development Director

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City Council Staff Report

Date: June 18, 2025
Agenda Item Number: 9.E.

To: The Honorable Mayor and City Council
From: Philip Lanzafame, Interim Director of Community Development Subject: Waive further reading and adopt an Ordinance amending the Monterey Park Municipal Code ("MPMC") to implement the General Plan concerning mixed use development and development standards

Recommendation:

It is recommended that the City Council consider:

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

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

Executive Summary:

The Ordinance was introduced and received first reading at the June 4, 2025 City Council meeting. The staff report from June 4, 2025 is attached for reference. Second reading and adoption of this Ordinance is recommended. If adopted, the ordinance will take effect in 30 days.

Background:

See Attachment 2 – June 4, 2025 City Council Report.

Strategic Plan Goal:

The attached ordinance satisfies the 2025-26 Strategic Plan Goal to “Strengthen our local economy and enhance housing opportunities” by achieving the goals and programs set forth in the HE, reducing barriers to encourage housing development, and supporting economic growth in the City.

Fiscal Impact:

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

Attachments:

1. Ordinance

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2. June 4, 2025 City Council Report

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ATTACHMENT 1
Ordinance ____ Amending the
Monterey Park Municipal Code

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ORDINANCE NO.

AN ORDINANCE AMENDING THE MONTEREY PARK MUNICIPAL

CODE TO IMPLEMENT THE GENERAL PLAN CONCERNING MIXED

USE DEVELOPMENT AND DEVELOPMENT STANDARDS
The City Council of the City of Monterey Park does ordain as follows:

SECTION 1: The City Council finds and declares that:

A. The City initiated the proposed amendments to the Monterey Park Municipal Code (“MPMC”) pursuant to MPMC § 21.38.020 and § 21.42.010.

B. This Ordinance was reviewed by the Interim City Planner for, in part, consistency with the General Plan, and conformity with the Monterey Park Municipal Code (“MPMC”).

C. The Interim City Planner completed review and scheduled a public hearing regarding this Ordinance before the City Council for June 4, 2025.

D. On June 4, 2025, the City Council held a public hearing to receive public testimony and other evidence regarding the proposed Ordinance including, without limitation, information provided to the City Council by the City Planner and public testimony; and
E. The findings in this Ordinance are made based on the entire administrative record including testimony and evidence presented the City Council at its March 19, 2025, public hearing including, without limitation, the staff report submitted by the City Planner.

SECTION 2: Zone Text Amendment Findings. Pursuant to Government Code § 65860 and MPMC § 21.38.050, the City Council finds as follows:

A. Amendments to the MPMC accomplished by this Ordinance are consistent with the goals, policies and objectives of the General Plan including, without limitation:

1. General Plan Policy 19.8— Encourage a diverse mix of uses that are innovative, competitive, entrepreneurial, local, and sustainable, thereby promoting economic development, increasing City revenues, expanding job growth, increasing property values, and meeting residents’ and visitors’ desires and needs.

2. General Plan Policy 19.9— Accommodate a variety of housing

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Ordinance No.
options, including medium- and high-density apartments and condominiums, live/work units, and mixed-use buildings with a residential component.

3. Housing Element Goal 2— Remove governmental constraints to the provision of housing to the greatest extent feasible

4. Housing Element Policy 2.4—Update the MPMC to facilitate residential and mixed-use development in the community.

B. The proposed text amendments are aimed at meeting and implementing the objectives of the General Plan and compliance with all applicable zoning regulations will ensure that any future project will not adversely affect surrounding properties.

C. These regulations promote public health, safety, and general welfare and serve the goals and purposes of the MPMC’s zoning regulations. Among other things, the regulations will reduce barriers to the development of housing to address the California Legislature’s determination regarding a statewide housing shortage.

SECTION 4: Environmental Review. The City reviewed the environmental impacts of the proposed Ordinance pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq., the “CEQA Guidelines”). The City Council finds and determines that this Ordinance is not subject to further review under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq.; “CEQA”) for the following reasons:

A. This Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment (14 Cal. Code Regs. § 15060(c)(2)); B. There is no possibility that the Ordinance itself may have a significant effect on the environment (14 Cal. Code Regs. § 15061(b)(3));
C. The Ordinance, by itself, does not constitute a “project” as defined in the CEQA Guidelines (14 Cal. Code Regs. § 15378). The Ordinance is for general policies and procedure-making. It can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment; and
D. The previous CEQA documents adopted by the City Council (see, Resolution Nos. 12124 and 2022-R2) adequately analyze the changes contemplated by this Ordinance:

1. On December 5, 2019, the City Council adopted Resolution No. 12124 certifying the Monterey Park Focused General Plan Update

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Ordinance No.

Final Environmental Impact Report (the “FEIR”) (State Clearing House (SCH) No. 2001-01-1074) (Exhibit A), which is incorporated by reference and found at:
https://www.montereypark.ca.gov/DocumentCenter/View/16507/Re so-12124---attachments-included.

2. On January 19, 2022, the City Council adopted Resolution No. 2022- R2 adopting an addendum to the FEIR analyzing the impacts of the City’s 2021-2029 Housing Element update (“FEIR Addendum”), which is incorporated by reference and found at:
https://www.montereypark.ca.gov/DocumentCenter/View/16506/20 22-R2---Addendum-to-the-Final-Environmental-Impact-Report.

3. The Housing Goals are an activity contemplated by the EIR and Addendum.

4. The Housing Goals do not contemplate any changes which will require major revisions to the EIR or Addendum, nor are there any substantial changes with respect to the circumstances under which the EIR and Addendum were undertaken.

5. There is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the EIR and Addendum were certified showing: (1) the Housing Goals will have one or more significant effects not discussed in the EIR or Addendum; and (2) significant effects previously examined will be substantially more severe than shown in the EIR or Addendum.

SECTION 5: Planning Agency. Pursuant to MPMC § 2.56.020(a), the City Council is acting as the Planning Agency for purposes of the Project.

SECTION 6: Amendment. MPMC § 21.02.070 is amended and restated as follows:
“§ 21.02.070 Relationship with the General Plan.

This Title is applicable to all real property within the City, and provides the legislative framework for implementing the goals, policies, plans, principles, and standards of the General Plan.

Notwithstanding anything in the applicable zone, residential and mixed-use development are permitted when allowed by the General Plan, subject to discretionary entitlements that may be required pursuant to this Title. Development standards are those contained in the General Plan and the underlying zoning designation.”

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Ordinance No.

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

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

SECTION 9: Summaries of Information. All summaries of information in the findings, which precede this section, are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.

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

SECTION 11: Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable.

SECTION 12: Preservation. This Resolution does not affect any penalty, forfeiture, or liability incurred before, or prelude prosecution and imposition of penalties for any violation occurring before, this Resolution’s effective date. Any such amended part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Resolution.

SECTION 13: Limitations. The City Council’s analysis and evaluation of the project is based on the best information currently available. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the City Council’s lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are the limitations on the city’s ability to solve what are in effect regional, state, and national problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework.

SECTION 14: Recordation. The City Clerk, or designee, is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Monterey Park’s book of original ordinances; make a note of the passage and adoption in the records of

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Ordinance No.
this meeting; and, within 15 days after the passage and adoption of this Ordinance, and cause it to be published or posted in accordance with California law.

SECTION 15: Effective Date. This Ordinance will become effective 30 days after second reading and adoption.

PASSED AND ADOPTED this ____ day of _________, 2025.
____________________________
Vinh T. Ngo, Mayor
ATTEST:
________________________________
Maychelle Yee, City Clerk
APPROVED AS TO FORM:

Karl H. Berger, City Attorney
By:________________________________
Justin A. Tamayo, Assistant City Attorney
Exhibit A – FEIR (SCH No. 2001-01-1074)

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

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Staff Report
June 18, 2025

ATTACHMENT 2
City Council Staff Report,
dated June 4, 2025
(without attachments)

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City Council Staff Report

Date: June 4, 2025
Agenda Item Number: 10.A.

To: The Honorable Mayor and City Council
From: Philip Lanzafame, Interim Director of Community Development Subject: Continued public hearing to consider introduction and first reading of an Ordinance amending the Monterey Park Municipal Code (“MPMC”) to implement the General Plan regulating mixed use development and development standards (ZCA 25-02)

Recommendation:

It is recommended that the City Council consider:

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

2. After closing the public hearing and considering the evidence submitted during that public hearing, introducing and waiving first reading of Ordinance No. _____ amending the Monterey Park Municipal Code (“MPMC”) to implement the General Plan regulating mixed use development and development standards; 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”). Pursuant to CEQA Guidelines §15062, the City Council finds and determines that this Ordinance is not subject to further review under CEQA because the previous CEQA documents adopted by the City Council (see Resolution Nos. 12124 and 2022-R2) adequately analyze the changes contemplated by this Ordinance.

Type of Action (Legislative; Quasi-Judicial; or Advisory):

In considering the Zoning Code Amendment, the City Council acts in its discretionary legislative capacity. The City Council must make the following findings pursuant to MPMC §

21.38.050:
• That the proposed amendment is consistent with the goals, policies, and objectives of the General Plan;
• That the proposed amendment will not adversely affect surrounding properties; and • That the proposed amendment promotes public health, safety, and general welfare and serves the goals and purposes of the Zoning Code.

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These findings are included in the attached Ordinance.

Executive Summary:

The City’s General Plan contains the Revised Monterey Park 2040 Land Use Element (“LUE”) and 6th cycle (2021-2029) Housing Element (“HE”) establishing a vision and long-term goals for development, housing, and redevelopment within the City.

The attached Ordinance implements the LUE and HE by amending the MPMC to allow residential and mixed use development in mixed use zones, consistent with the LUE, subject to those development standards in the underlying zone. These changes clarify that the General Plan applies to all properties, takes precedence over conflicting or obsolete regulations, and creates a consistent framework that allows for expanded housing opportunities consistent with the City’s vision and long-term development goals.

This item was originally noticed for public hearing at the May 7, 2025, City Council meeting at which time the Interim Director of Community Development (“Director”) requested a continuance. The City Council continued the public hearing to June 4, 2025. The draft ordinance is attached for the Council’s consideration.

Background:

On November 3, 2020, City voters approved Measure JJ (Ordinance No. 2198) which adopted the Revised LUE and authorized the City Council to take all appropriate action to implement the LUE.

In March 2023, the California State Department of Housing and Community Development (“HCD”), certified the City’s HE. Government Code § 65583(c) requires that cities include programs which set forth a schedule of actions the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the HE.

HE and LUE Programs

The HE and LUE included several programs that reconcile the General Plan and MPMC to encourage the production of a variety of housing types and at various affordability levels, including:

HE Program 7 and LUE Implementation Program 6 require the City to either amend or repeal the North Atlantic, Mid Atlantic and Garvey-Garfield Specific Plans (collectively, the “Specific Plans”) and replace them with zoning designations consistent with the LUE.

HE Program 11 and LUE Implementation Program 1 require the City to resolve inconsistencies between the MPMC and the General Plan related to mixed-use areas.

Currently, the P-D overlay serves as the mechanism through which the MPMC implements the LUE’s mixed-use designation. The HE and LUE, however, contemplate creating a new zoning designation to implement the mixed-use designation. Creating a new zoning designation requires, among other things, the development of standards and procedures, zone changes, and amendments to the adopted zoning map which are anticipated to exceed staff’s capacity and take more time to carefully implement.

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Additionally, the detailed Specific Plans require an extensive analysis of land use, circulation, and right-of-way requirements before being amended or repealed. Such analysis requires additional time to ensure that important land use and infrastructure requirements are not inadvertently altered or repealed. To reconcile the time needed for such analysis with the deadlines adopted by the City Council in the HE resulted in the proposed action: a third way to both implement the General Plan and preserve important policy considerations regulated by the existing Specific Plans.

If adopted, the proposed ordinance immediately implements various programs of the HE and LUE while more comprehensive updates are planned and prepared. Specifically, the ordinance amends the MPMC’s general provisions by providing that residential and mixed-use development are permitted when allowed by the LUE designation, subject to the development standards in the underlying zone. The LUE mixed-use designation allows for, both, residential and mixed-use development. Accordingly, the ordinance will allow residential and mixed-use development within the LUE’s mixed-use designation.

Strategic Plan Goal:

Legal Notification:

A public hearing was scheduled for May 7, 2025, and a legal notice was duly posted at City Hall, Monterey Park Bruggemeyer Library, and Langley Center and published in Monterey Park Press on April 17, 2025, with affidavits of posting on file. Additionally, 358 notices were mailed to affected property owners. At the May 7, 2025 meeting, the City Council continued the hearing to June 4, 2025.

Fiscal Impact:

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

Attachments:

1. Draft Ordinance

2. Notice of Determination

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1 of 1
INEZ ALVAREZ • CITY MANAGERCITY MANAGERCITY MANAGERCITY MANAGER 320 W. NEWMARK AVE. MONTEREY PARK, CA 91754
Oﬃce (626) 307-1497
Email • [email protected]

This message is a public record and may be disclosed under theThis message is a public record and may be disclosed under theThis message is a public record and may be disclosed under theThis message is a public record and may be disclosed under the Public Records Act or other applicable law.Public Records Act or other applicable law.Public Records Act or other applicable law.Public Records Act or other applicable law.

Wednesday, December 18, 2024 at 11:16:28 Paciﬁc Standard TimeWednesday, December 18, 2024 at 11:16:28 Paciﬁc Standard TimeWednesday, December 18, 2024 at 11:16:28 Paciﬁc Standard TimeWednesday, December 18, 2024 at 11:16:28 Paciﬁc Standard Time Subject:Subject:Subject:Subject: SPARC Meeting Inquiry - Measure JJ Date:Date:Date:Date: Monday, September 9, 2024 at 16:24:32 Paciﬁc Daylight Time From:From:From:From: Alvarez, Inez
To:To:To:To: Yee, Maychelle
Attachments:Attachments:Attachments:Attachments: image001.jpg, image002.png, 06-18-2024 Agenda Item No. 5A - Urgency Ordinance Implementing Interim Development for Saturn Park.pdf, 05-22-2024 Agenda Item No. 3C - Saturn Park Advisory Review Committee SPARC.pdf, M. Yee Text Message 9.9.24.pdf [EXTERNAL]
Hi Maychelle,

Thank you for your text, which I have a]ached for reference. I am replying by email, so that I can also forward you previous staﬀ reports related to the ma]er.

As explained in wri_ng to the City Council, the Planning Commission, and the SPARC – Measure JJ is the Land Use Element to the General Plan. Measure JJ provides the overall land use designa_on for Saturn Park. It does not establish zoning regula_ons.

To answer your ques_on, no, this provision does not authorize the City Council to amend Measure JJ. No such authoriza_on exists, i.e., voter delega_on of authority to the City Council to amend Measure JJ.

As shown in the presenta_on at the SPARC mee_ng, Sec_on 3(A) of Measure JJ speciﬁcally delegates authority to the City Council to adopt zoning regula_ons that are consistent with Measure JJ. This was also discussed in the staﬀ reports for the May 22, 2024 and June 18, 2024 City Council mee_ngs which I’ve a]ached for your convenience and reference. It is also explained in the ordinance establishing a moratorium on development in the Saturn Park area. I have highlighted the relevant language – hope this helps.

There has been no discussion regarding amending Measure JJ. The only discussion has been how to implement Measure JJ via zoning regula_ons.

Thank you,

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

TO: The Honorable Mayor and City Council
FROM: Diana Garcia, Assistant City Manager
Jessica Serrano, Community Development Director
SUBJECT: Consideration and possible action to adopt an urgency ordinance implementing interim development regulations for Saturn Park upon a four-fifths vote
RECOMMENDATION:

It is recommended that the City Council consider:

1. Adopting an Urgency Ordinance upon 4/5 vote pursuant to Government Code § 65858 establishing a moratorium on new development within Saturn Park for 45 days; and

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

EXECUTIVE SUMMARY:

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

CEQA REVIEW:

Adopting the Urgency Ordinance is exempt from further environmental review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.) because it establishes rules and procedures for operation of existing facilities; minor temporary use of land; minor alterations in land use; new construction of small structures; and minor structures accessory to existing commercial facilities. The Urgency Ordinance, therefore, is categorically exempt from further CEQA review under CEQA Guidelines §§ 15301; 15303, 15304(e); 15305; and 15311. Further, the adoption of the Urgency Ordinance is also exempt from review under CEQA pursuant to CEQA Guidelines § 15061(b)(3) because the Ordinance is for general policies and procedure-making. This Ordinance does not authorize any new development entitlements, but simply establishes New Business - 5A

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Staff Report

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June 18, 2024

policies and procedures for allowing the previously approved project to be constructed.

Any proposed project that will utilize the changes set forth in this Ordinance will be subject to CEQA review as part of the entitlement review of the project. The Ordi nance will not adversely impact the environment and is therefore exempt from the provisions of CEQA.

BACKGROUND:

The City Council asked that this matter be placed on the agenda for consideration pending the SPARC’s efforts to solicit public input for drafting the SPSP. It is anticipated that the SPARC will wrap up its efforts in August or September 2024. Consequently , should the City Council adopt this urgency ordinance, it may need to consider extending a moratorium following a noticed public hearing before August 2, 2024.

As noted in the draft urgency ordinance, a review of existing zoning for Saturn Park shows that it is inconsistent with Measure JJ that voters approved in 2020. Measure JJ adopted the Land Use Element to the Monterey Park General Plan (the “2020 LUE”).

The 2020 LUE designates land uses in Saturn Park as “Innovation/Technology.” A description of those land uses are included as an exhibit to this staff report. Measure JJ specifically authorizes the City Council to adopt zoning regulations needed to implement this land use designation.

One of the complementary land uses contemplated by the Planning Commission and the City Council for Saturn Park is a residential component. It is anticipated that the SPARC will consider the feasibility of this land use as it considers public input regarding the SPSP.

Residential use is desirable as it would help facilitate the City’s adherence to its Certified Housing Element; reflects the California Legislature’s ongoing efforts to increase housing opportunities; and implement s the overall goal of the 2020 LUE as to providing flexible zoning to improve the City’s livability.

The need for a moratorium is underscored by interest from private property owners within Saturn Park who already filed applications with the City seeking approvals via Chapter

21.14 of the Monterey Park Municipal Code (“MPMC”). This Chapter was added by voters in 1998 but is now inconsistent with the Monterey Park General Plan, i.e., the 2020 LUE.

For land use regulations to be legal, California law (Government Code § 65860) requires that there be consistency between the General Plan and the City’s zoning. Voter enacted regulations cannot overcome this requirement.
1 Adopting a moratorium will provide the SPARC an opportunity to give the City Council an informed recommendation regarding the SPSP. If adopted by a 4/5 vote of the City Council, the urgency ordinance would impose a temporary moratorium on issuing permits for land use entitlements within Saturn Park. The temporary moratorium would expire on August 2, 2024 unless extended before that time.

1 See, e.g., Lesher Communications, Inc. v. City of Walnut Creek (1990) 52 Cal.3d 531.

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Staff Report

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June 18, 2024
FISCAL IMPACT:

There are no identifiable fiscal impacts with adopting the draft urgency ordinance.

Respectfully submitted by:

Diana Garcia,
Assistant City Manager
Jessica Serrano,
Community Development Director
Approved by: Reviewed by:

Inez Alvarez
City Manager
Karl H. Berger
City Attorney
Attachment(s)

1. Draft Urgency Ordinance

2. 2020 LUE – Innovation/Technology Land Use

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Staff Report
June 18, 2024
AT
TACHMENT 1
Draft Urgency Ordinance

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ORDINANCE NO. ________

AN INTERIM ORDINANCE PROHIBITING PERMITS FOR LAND

USE ENTITLEMENTS WITHIN THE MCCASLIN BUSINESS PARK

TO CONSIDER ADOPTING A SATURN PARK SPECIFIC PLAN IN

ACCORDANCE WITH THE LAND USE ELEMENT OF THE

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

SECTION 1: This Ordinance is adopted pursuant to Government Code §§ 36937, 65858, and other applicable laws.

SECTION 2: Findings. The City Council finds, determines and declares as follows:

A. The City may adopt and enforce all laws and regulations not in conflict with the general laws and the City holds all rights and powers established by California law.

B. On June 17, 2020, the City Council approved the Land Use Element to the Monterey Park General Plan (the “2020 LUE”).

Thereafter, the 2020 LUE was placed onto the November 3, 2020 ballot as Measure JJ. Following voter approval on November 3, 2020, the 2020 LUE (via Ordinance No. 2198) became effective on December 2, 2020.

C. Section 3(A) of Ordinance No. 2198 authorizes the City Council to implement the 2020 LUE by, among other things, adopting zoning regulations. Section 4 of Ordinance No. 2198 provides that Measure JJ must be interpreted to be consistent with all applicable law; Section 6 of Ordinance No. 2198 provides that Measure JJ must be broadly construed to achieve the voter’s intent in approving Measure JJ.

D. Monterey Park Municipal Code (“MPMC”) Chapter 21.14 was added by Measure D on April 14, 1998 (via Ordinance No. 1933).

Measure D provided zoning regulations for the area identified as McCaslin Business Park.

E. The Land Use Policy Map (Figure LU-3 to the 2020 LUE) renamed this area as “Saturn Park” with a designated land use of “Innovation/Technology.” Goal 25 of the 2020 LUE directs the City Council to revitalize Saturn Park as a destination business park for high-quality service industry, research and development, and

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emerging industry jobs. This directive is further refined via Policy Nos. 25.1 to 25.3.

F. The 2020 LUE also provides that the City Council should ensure flexible zoning regulations; support local businesses; maintain a proactive economic development program; and invest in
commercial corridors (Policy Nos. 1.1 to 1.4).

G. The City’s Housing Element reflects the City’s desire to encourage construction of housing that is attainable for households of all income levels. Among other things, the City Council determined that the City should take proactive actions to increase the availability of dwelling units on underutilized properties (see, e.g., Section 5(C) of Resolution No. 2022-R90, adopted November 16, 2022).

H. It is anticipated that the Saturn Park Advisory Review Committee (“SPARC”) will consider incorporating a residential component into the SPSP to help enhance the Innovation/Technology land use designation by the 2020 LUE. Among other things, this would:

1. Allow employees to live near their workplace, reducing vehicle trips.

2. Allow companies to offer subsidized housing as an
employee benefit and amenity to attract talent.

3. Facilitate a live-work-play environment where residential, office, and recreational spaces coexist.

4. Foster closer social connections and a sense of community among employees who can interact more freely outside of work.

5. Align with the post-pandemic shift towards more flexible and hybrid workplace models.

I. Such efforts are reflected in “real world” developments such as the West Edge in Los Angeles (https://westedgela.com).

J. Additionally, the California Legislature is seeking various methods for promoting housing such as AB 1532 (Haney, 2023) which, were it approved, would allow office conversion projects by right within all zones. While this “Office to Housing Conversion Act” failed to advance within the Legislature, it represents the latest legislative path taken by the Legislature to encourage more housing within

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local jurisdictions.

K. A review of the 2020 LUE, the Certified Housing Element (March 30, 2023), and MPMC Chapter 21.14 shows that the existing zoning regulations are inconsistent with the voters’ vision for Saturn Park; the zoning regulations must be reconciled with the most recent voter directives in Measure JJ, the California Legislature’s directives (as reflected in the City’s Certified Housing Element), and California law.

L. In April 2024, the Planning Commission considered conceptual renderings and land uses for Saturn Park during two meetings.

Thereafter, on May 22, 2024, the City Council created the SPARC to receive and implement community input for drafting a Saturn Park Specific Plan (“SPSP”).

M. On May 23, 2024, representatives from 1980 Saturn met with the Mayor, City Manager, City Attorney, Assistant City Manager, and Community Development Director to plan for a data center at that location – which is a permissible use pursuant to MPMC Chapter

21.14 but inconsistent with the 2020 LUE land use designation for Saturn Park. Additionally, on January 11, 2024, the City’s Community Development Department received applications for a conditional use permit and design review for a data center proposed at 1977 Saturn Street.

N. As set forth in the City Council staff report dated June 5, 2024, it is anticipated that the SPARC would conclude its meetings in August or September of 2024 and provide the City Council with its recommendations regarding the SPSP at that time. The SPSP would implement the 2020 LUE as to Goal 25 and the
Innovation/Technology land use designation.

O. Without the enactment of this Ordinance, the voter’s vision for revitalizing Saturn Park via Measure JJ and the 2020 LUE would be thwarted: pending applications for land uses currently allowed by MPMC Chapter 21.14, if approved, would lock in certain types of land uses for the foreseeable future.

P. The City Council determines that the MPMC requires updating to protect the public against health, safety, and welfare dangers caused by multiple applicants relying upon outdated land use regulations. The City needs additional time to prepare, evaluate and adopt reasonable regulations to implement the voter’s direction in Measure JJ and to ensure such regulations are applied in a nondiscriminatory manner.

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Q. To prevent frustration of these studies and the implementation of new regulations, the public interest, health, safety, and welfare require enactment of this Ordinance. The absence of this Ordinance would impair the orderly and effective implementation of contemplated MPMC amendments, and any further authorization of these uses within the City during the period of the moratorium may conflict with or frustrate the contemplated updates and revisions of the MPMC.

R. Based on the foregoing, the City finds that that this Ordinance is necessary in order to protect the City from the potential effects and impacts of outdated land uses and the accompanying impacts from traffic and commerce on City streets, impacts on parking availability in the business areas of the City, the aesthetic impacts to the City, and other similar or related effects on property values and the quality of life in the City’s neighborhoods.

S. The City Council further finds that this moratorium is a matter of local and City-wide importance and is not directed towards any business that currently seeks to utilize MPMC Chapter 21.14.

T. The City Council finds that this Ordinance is authorized by the City’s police powers. The City Council further finds that the length of the moratorium imposed by this Ordinance will not in any way deprive any person of rights granted by state or federal laws, because the moratorium is short in duration and essential to protect the public health, safety and welfare.

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

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SECTION 4: Interim regulations. The following provisions are adopted as interim requirements for issuing permits pursuant to the MPMC for land uses within Saturn Park, and any construction or operation in the City in conflict with these provisions is expressly prohibited:

A. Restricted Activities. For a period of 45 days after adoption of this Ordinance, the City will not issue a permit or land use entitlement to any person for constructing, placing, or operating within the McCaslin Business Park, i.e., Saturn Park utilizing MPMC Chapter

21.14. The City Manager, or designee, must review any application for a permit or land use entitlement to determine compliance with the provisions of this Ordinance. City employees, and City boards and commissions, are directed to refrain from accepting, processing, or approving any application for any land use entitlement, including, without limitation, use permits, variances, building permits, licenses and certificates of occupancy, necessary for constructing, placing, or operating within the Saturn Park area, and to refrain from processing and issuing approvals for any land use entitlement for any pending applications already received.

These restrictions do not apply to construction projects with active building permits and any emergency repairs or replacement of an element of a building, structure, utility system, or equipment that is essential to protect the public health, safety and welfare. These prohibitions will remain effective for 45 days following adoption of this Ordinance.

SECTION 5: Construction. This Ordinance must be broadly construed to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.

SECTION 6: Enforceability. Repeal of any provision of the MPMC does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance’s effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.

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

SECTION 8: Severability. If any part of this Ordinance or its application is

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Page 6 of 6 ends

deemed invalid by a court of competent jurisdiction, the city council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable.

SECTION 9: Publication. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Monterey Park’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.

SECTION 10: Report. Pursuant to Government Code § 65858, the City Manager, or designee, must prepare a report for City Council consideration describing the measures taken to address the conditions which led to adoption of this Ordinance. This report must be provided to the City Council so that it may be considered and issued not later than 10 days before this Ordinance expires.

SECTION 11: Effective Date. This Ordinance will become effective immediately upon adoption pursuant to Government Code §§ 36937 and 65858 for the immediate preservation of the public peace, health, safety, and welfare.

Pursuant to those statutes this Ordinance is adopted by a four-fifths vote.

SECTION 12: Expiration Date. After adoption, this Ordinance will be repealed by operation of law on August 2, 2024, unless a subsequent ordinance is adopted by the City Council that extends this date.

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

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Staff Report
June 18, 2024
ATTACHMENT 2
2020 LUE – Innovation/Technology Land Use

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70 GOALS AND POLICIES | Monterey Park Land Use and Urban Design Element A list of all land use designated
DENSITIES & INTENSITIES is
provided in Table LU-1.

INNOVATION/

TECHNOLOGY
USES

MONTEREY PASS
FAR: 0.65
HEIGHT (FT.): 35

SATURN PARK
FAR: 0.60
HEIGHT (FT.): 40

CORPORATE PLACE
FAR: 1.00
HEIGHT (FT.): 50

INTENSITIES

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Monterey Park Land Use and Urban Design Element | GOALS AND POLICIES 71 Technology will continue to evolve rapidly, changing how people work and do business. The City aims to
accommodate and encourage new businesses that
promote innovation and advances in technology, creating places for high-skilled and knowledge workers. The
Monterey Pass Road corridor and Saturn Park district (on Saturn Street) provide prime properties, easy access to arterial roadways and freeways, and locations near housing perfect for new, clean technology, and creative industries.

The Monterey Pass Road corridor and Saturn Park
district historically have been areas where a range of
industrial businesses—including intensive manufacturing operations—have thrived. However, in Saturn Park, uses
transitioned in the latter 1990s to lighter industrial and offi ce enterprises in response to public concerns about the proximity of heavy industrial uses to residential
neighborhoods. Along Monterey Pass Road, warehousing,
trucking, and auto repair uses increased because of the distance from neighborhoods and relatively easy freeway access. While these uses have provided service-oriented jobs, the City is interested in attracting industries that off er higher-paying jobs and attract people of diverse interests, incomes, and talents who wish to both live and work in
Monterey Park.

Properties along Monterey Pass Road and south of
Davidson Drive between Monterey Pass Road and
Corporate Center Drive have interesting and unique
industrial buildings that can be retroﬁ tted for creative offi ce, research and development, and even commercial space
such as breweries. The City’s goal is to phase out trucking- intensive uses in favor of more environmentally sensitive businesses. Also, the City aims to improve the physical appearance of the corridor with increased landscaping,
improved signage, identity lighting, and other public realm interventions. Finally, to provide for better interaction among land uses along the corridor, the City will provide better accommodations for pedestrians and cyclists and
control cut-through traffi c, as described in the Mobility Element.

Saturn Park will continue to function as a business park, focused on offi ce-type and research and development
uses, with supportive commercial businesses. Private
reinvestment in properties will be encouraged through
higher development intensity allowances. In turn, the City will require greater attention to landscaping, creative site design, and building quality.

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Monterey Park Land Use and Urban Design Element | GOALS AND POLICIES 73 GOAL 25 Saturn Park as a destination business park
for high-quality service industry, research and
development, and emerging industry jobs
Policy 25.1 Zoning. Ensure that zoning regulations applicable to Saturn Park permit the range of uses necessary to achieve land use goals, including prohibition on uses involving the storage and use of hazardous materials having a Class 4 ranking (UFC Standard 79-3 or succeeding ranking). Prohibit uses that conﬂ ict with the goals.

Market. Market the Saturn Park district as a premier location in the San Gabriel Valley for emerging technology businesses.

Identity. Create a distinct physical identity for the Saturn Park district.

Policy 25.2
Policy 25.3

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City Council Staff Report
DATE: May 22, 2024
AGENDA ITEM NO:

TO: The Honorable Mayor and City Council
FROM: Diana Garcia, Assistant City Manager
SUBJECT: Establishing the Saturn Park Advisory Review Committee (“SPARC”) RECOMMENDATION:

It is recommended that the City Council consider:

1. Establishing the Saturn Park Advisory Review Committee (“SPARC”) initially comprised of Mayor Thomas Wong, Mayor pro tem Vinh Ngo, and Assistant City Manager Diana Garcia; and

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

EXECUTIVE SUMMARY:

On April 9, 2024, the Planning Commission considered future land uses at McCaslin Business Park as contemplated by the Land Use Element (“LUE”) to the General Plan (approved by voters in 2020). A copy of the April 9th staff report is attached for reference.

During a subsequent Planning Commission meeting on April 15, 2024, Planning Commissioners expressed support for various land uses within the McCaslin Business Park to implement the vision expressed in the LUE. Based upon those discussions, it seems prudent for the City to solicit public input to adopt new land use regulations for what the LUE identifies as “Saturn Park.” The LUE was guided by a citizen’s oversight committee identified as the “General Plan Advisory Committee”; it is recommended that the City Council create the “Saturn Park Advisory Review Committee” or “SPARC” as described below.

BACKGROUND:

The general background for the future of Saturn Park is contemplated in the April 9 th Planning Commission staff report. The recommendation is for the SPARC to be initially comprised of the Mayor, the Mayor pro tem (Saturn Park is located in District 5), and the Assistant City Manager. The Mayor and the Mayor pro tem would each appoint two persons from the community to the SPARC so that a total of seven members would serve on the SPARC. The SPARC would be subject to the Brown Act.

The SPARC is intended to oversee a series of meetings that would engage residents, the business community, and other stakeholders in drafting a Saturn Park Specific Plan (“SPSP”) for consideration by the City Council. The SPSP would help implement the LUE by:

Consent Calendar - 3C

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Staff Report

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May 22, 2024

• Facilitating the coordination and planning of development within Saturn Park. • Attracting investment and business to enhance Saturn Park’s economic vitality. • Improve Saturn Park’s function and appearance
• Most of all, improving the quality of life for residents, business owners, employees, and visitors through neighborhood enhancements and improvements to public spaces.

To accomplish these objectives, the SPARC would provide ongoing and effective input to the City’s Project Team (City staff and consultants) and elected officials. SPARC members would:

• Provide ongoing input that reflects a member’s community knowledge, including reviewing and commenting on major work elements and products. • Help the Project Team gain a broader understanding of public and interest group perspectives.
• Provide suggestions regarding public engagement efforts. • Act as public engagement ambassadors by inviting/encouraging neighbors, friends, business colleagues, to participate in public engagement activities such as festival booths, workshops, etc.

Decision making within the SPARC would be a process that seeks to achieve mutual agreement. “Mutual agreement” does not necessarily mean that all members of the SPARC are equally enthusiastic about the decision or recommendation. It does mean that everyone in the committee is willing to “live with” the agreement even though some individuals might prefer an alternative solution.

The City already engaged a consultant to assist with developing the SPSP; the Community Development Director would serve as the SPARC liaison and secretary.

FISCAL IMPACT:

There is no immediate fiscal impact associated with the establishment of the SPARC.

Respectfully submitted by:

Diana Garcia
Assistant City Manager

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Staff Report

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May 22, 2024

Approved by:

Reviewed by:

Inez Alvarez
City Manager
Karl H. Berger
City Attorney

ATTACHMENT:

1. Staff Report and Attachments from April 9, 2024 Planning Commission Meeting

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Staff Report
May 22, 2024

ATTACHMENT 1
Staff Report and Attachments from April 9, 2024
Planning Commission Meeting

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Staff Report, CUP-23-04
October 10, 2023

Planning Commission Staff Report

DATE: April 9, 2024
AGENDA ITEM NO: 5-A

TO: The Planning Commission
FROM: Jessica Serrano, Director of Community Development SUBJECT: RECEIVE AND FILE - Discussion of Land Use Regulations and future uses at McCaslin Business Park

RECOMMENDATION:

It is recommended that the Planning Commission consider:
(1) Receiving and filing this staff report as background information; and (2) Taking such additional, related, action that may be desirable.

EXECUTIVE SUMMARY:

This staff report provides the historical context regarding land use considerations in McCaslin Business Park to be used in discussing future uses of the area.

BACKGROUND:

McCaslin Business Park is named after Lowry B. McCaslin (a former All-American [1929] who played for USC) who owned the area between 1937 and his death in 1995. It was originally a quarry for mining decomposed granite. Mr. McCaslin eventually developed the sand and gravel pit into a 73-acre business and industrial park. Residential neighborhoods adjacent to the Business Park were developed during the years 1947 to 1954.

In 1956, the Monterey Park City Council adopted an ordinance that effectively zoned the gravel operations out of business after persons in the residential neighborhoods complained of noise and dust. Mr. McCaslin succeeded in invalidating these restrictions as unconstitutional (McCaslin v. City of Monterey Park (1958) 163 Cal.App.2d 399). He began building the industrial park in 1970.

In 1996, the City Council adopted a moratorium on the use and storage of certain hazardous materials within the Business Park. This was in response to Alpha Photonics, Inc.’s proposal to include crystal growing operations as part of their electronic s component manufacturing business. The moratorium indicated that:
“an application for a project at 2019 Saturn Street, Monterey Park, located in the McCaslin Industrial Park. The initial building permit application and plans did not disclose the use or storage of hazardous materials on site. The City subsequently became informed that the proposed use will handle and store certain quantities of hazardous materials. The use and storage of hazardous materials can pose a danger to the City and the City began investigating the

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Staff Report
April 9, 2024

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regulation of the use and storage of these materials. Because of their potential danger, current law provides extensive State and County regulations for the handling and storage of hazardous materials.”
The moratorium was extended throughout 1997 until the City Council placed a proposition onto the 1998 ballot (on December 17, 1997) that was later identified as “Measure D.” Measure D was approved by voters on April 14, 1998 (Ordinance No. 1933 , Attachment 1).

Measure D added the “Office Professional” or “O -P” zone to the Monterey Park Municipal Code (“MPMC”) as Chapter 21.14.

Most recently, the Measure D regulations were publicly discussed in 2018. At that time, the City discovered that the voter approved regulations in MPMC Chapter 21.14 were improperly changed by Ordinance No. 2097 that was adopted in 2013. This apparently oc curred based upon a 2009 internal memorandum from the (then) Community Development Director to the (then) City Manager that asserted the City Council could make changes to MPMC Chapter

21.14 based upon its own authority. Measure D, however, did not delegat e authority to the City Council to make any changes to MPMC Chapter 21.14.

The voter approved zoning restrictions in the Business Park are challenging to businesses wishing to locate to that area (see Attachment 2 , e.g., letter from 2019 regarding 1977 Saturn). Currently, approximately 75% of the available building space is vacant.

Measure JJ was adopted by voters in 2020 (Ordinance No. 2198). Section 3(A) of Measure JJ provides that the City Council may “implement [Measure JJ] including, without limitation, adopting all zoning regulations needed to effectuate [Measure JJ] by ordinance.” Measure JJ designates McCaslin Business Park as “Innovation/Technology” (Land Use Element – Figure LU-3: Land Use Policy Map, Attachment 3). Uses for this designation include research and development; light manufacturing; service commercial; professional offices; entertainment; and breweries/ wineries/distilleries; trade and technical schools; public utilities, and similar uses “per zoning r egulations.” Prohibited uses are warehousing, freight terminals, vehicle storage, and heavy manufacturing.

Respectfully submitted by: Reviewed by:

Jessica Serrano
Director of Community Development
Justin A. Tamayo
Deputy City Attorney
ATTACHMENTS:

1. Ordinance No. 1933 – Measure D

2. August 14, 2019 Letter - 1977 Saturn

3. Land Use Element - Figure LU-3: Land Use Policy Map

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Staff Report
April 9, 2024

ATTACHMENT 1
Ordinance No. 1933 – Measure D

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ORDINANCE NO. ----=-1=93=3 __

AN ORDINANCE OF THE PEOPLE OF THE CITY OF MONTEREY PARK, CALIFOMl:A, ADDING CHAPTER 21.14, ENTITLED OFF1CE PROFESSIONAL, TO THE l\IONTEREY PARK l\IUNICIPAL CODE, MODIFYING SECTION 21.7Q.030 OF THE MONTEREY PARK l\IUNICIPAL CODE BY ADDING CERTAIN CONDITIONALLY PER1\UTTED USES IN THE OFFICE PROFESSIONAL ZONE,

APPROVING A GENERAL PLAN AMENDMENT AND APPROVING A
ZONE CHANGE FOR THE AREA COMMONLY KNOl\'N AS
MCCASLIN BUSINESS PARK FROi\1 MANUFACTURING (M) TO
OFFICE PROFESSIONAL (0-P)

THE PEOPLE OF THE CITY OF MONTEREY PARK, CALIFORNIA, DO HEREBY ORDAIN AS FOLLO\VS:

SECTION 1. The People find and determine that a Zone Change pursuant to Title 21 of the Monterey Park Municipal Code (MPMC), to change the zoning designation from M ~ (Manufacturing) to 0-P (Office Professional), and to establish appropriate development regulations for the 0-P zone are in the public interest and consistent with the General Plan.

SECTION 2. The People hereby amend the Monterey Park Municipal Code (MPMC) to establish an 0-P (Office Professional) Zone, by adding Chapter 21.14 thereto to read as follows:

Chapter 21.14
0-P --- Office Professional Zone
Sections:

21.14.010 Purpose

21.14.020 Permitted uses

21.14.030 Prohibited uses

21.14.040 Principal uses

21.14.050 Conditional uses

21.14.060 Standards of development generally

21.14.070 Lots

21.14.080 Yards

21.14.090 Building height

21.14.100 Floor area ratio (FAR)

21.14.110 Off-street Parking

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ORDINANCE NO. __ 1_93....;3 __

Page 2 of 8 ends

21.14.120 Required walls

21.14.130 Trash facilities

21.14.140 Buffering and maintenance of landscaping and easements

21.14.150 Compressors, air-conditioning units or similar mechanical equipment

21.14.160 Lighting

21.14.170 Exceptions

21.14.180 Site development plan approval

21.14.190 Limitations on permitted uses

21.14.010 Purpose. In order to provide for the development of integrated professional, office and limited retail areas that exhibit a diversity of business activity from both revenue and service quality standpoints, and which are compatible and responsive to abutting ]and uses, including residential developments, the following regulations shall be applicable to all properties classified in the 0-P zone.

21.14.020 Permitted uses. No person shall use, nor shall any property owner permit the use of ~ any lot classified in any 0-P zone for any use, other than the following as set out in Section

21.14.040 and 21.14.050.

21.14.030 Prohibited uses. All uses not permitted in this chapter shall be prohibited.

21.14.040 Principal uses. The principal uses shall be permitted as follows:

Administrative and professional offices;
Beauty salon or barber shop;
Bookstore;
Cellular phone, telephone and pager store
Coffee shop;
Computer store, sales and service;
Confectionary shop;
Data processing facility;
Delicatessen;
Employment agency;
Financial institutions' corporate offices, no retail banking; ''
General research facility, not involving testing, manufacturing, fabrication or processing or sale of products, nor the use of a hazardous material that has a degree of hazard rating in health, flammability or reactivity of Class 4 as ranked by U.F.C. Standard 79-3 or succeeding standard; Gift shop;
Ice cream parlor;
Import and export offices;
Investment service offices, stock brokers;
Jewelry store, sales and service;
Legal offices;

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ORDINANCE NO. __ 1_9_33 __

Page 3 ends

Mail box and service store;
Medical equipment and supplies, sales and service;
Notary public;
Photocopying and blueprinting;
Public utility customer service office
Real estate offices and title companies;
Restaurant, tearoom and cafe;
Service businesses;
Stationery;
Studio, art, dance, martial arts, photography;
Tax consulting;
Tobacco store;
Travel agency;
Video sales and rentals;

21.14.050 Conditional uses. Conditional uses shall be uses specifically enumerated in Section

21.70.030.

21.14.060 Standards of development generally. All premises in the 0-P zone shall comply with the following s,tandards of dev~lopment as set out in Sections 21.14.070 through 21.14.190.

21.14.070 Lots. (a) Lot area. The minimum lot area of each lot shall be five thousand square feet.
(b) Lot width. The minimum width of each lot shall be fifty feet. (c) Lot depth. The minimum depth of each lot shall be one hundred feet.

21.14.080
(a)
(b)
as follows:
( 1)
depth.

Yards. The following minimum yards shall be required on all lots:

Front yard. No minimum front yard is required.

Side and rear yards. Every lot shall have and maintain minimum side and rear yards \Vhen the side yard is adjacent to a street, the yard shall be at least fifteen feet in (2) When adjacent to a R-zone, the yard shall be no less than fifty feet, plus five feet in depth for each story above one story of building or each ten-foot increment above fifteen feet in height of building on the 0-P zoned lot. \Vhere there is an opening, including but not limited to \vindows, pedestrian doors and roll-up doors, in any building on the 0-P zone facing a yard adjacent to a R-zone, the yard shall be no less than one hundred feet from any opening to the R zoned lot. The yard may be used for parking, excepting a minimum fifteen foot wide area abutting the R-zone which shall be landscaped and maintained in such a condition so as not to violate Section 9.54.010. The required landscaping shall also conform to the standards set forth in Section

21.14.140. When the 0-P zoned lot is separated from a R-zone by an alley, a rear yard setback of forty feet shall be provided, as measured from the centerline of the alley. A minimum three-foot wide landscaped planter shall be installed and maintained along the alley, excepting at any vehicular access driveway.

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ORDINANCE NO. __ 1_9_33 __

Page 4 of 8 ends

(3) When adjacent to a commercially-zoned or M zoned lot, no yard is required.

21.14.090 Building height. No building or structure in excess of forty feet or three stories shall be located on any lot. Buildings or structures exceeding the height limits may be permitted upon approval of a conditional use permit.

21.14.100 Floor area ratio (FAR). The floor area ratio shall not exceed 0.5 when the lot is less than ten thousand square feet in area. When the lot is between ten thousand and twenty thousand square feet in area, the floor area ratio shall not exceed 0.65. When the lot is more than twenty thousand square feet in area, the floor area ratio shall not exceed 0.8. The floor area ratio may be increased to a maximum of 1.0 for all lots, upon approval of a conditional use permit.

21.14.110 Off-street parking and loading. Each 0-P zoned lot shall have and maintain off street parking and loading facilities as required by Chapter 21.40.

21.14.120 Required walls. Except as otherwise provided in Chapter 21.48, the following standards shall apply: (a) Where any part of the front yard or street side yard of a 0-P zoned lot is used for parking or loading, a masonry wall compatible in color with the commercial building and/or sight-obscuring hedge a minimum of three feet in height shall be erected and maintained within a landscaped area a minimum of three feet in width adjacent to the sidewalk at the front or side yard property line as required by Section 21.40.180. · (b) When any 0-P zoned lot has a common side or rear lot line with any R-zoned property, a six-foot solid decorative masonry or concrete block wall compatible in color with the commercial building shall be constructed and maintained along all such common side or rear lot lines. Where an easement exists, abutting the common property line, the said decorative wall may be constructed along the boundary of the easement on the commercial lot. A minimum three-foot wide landscaped planter with automatic irrigation system shall be placed adjacent to j:.he wall, planted with trees, shrubs, ground cover and vines. Where a parking lot on the 0-P zoned lot abuts a R-zoned lot, the additional parking lot landscaping requirements of Section 21.40.180 shall apply.

21.14.130 Trash facilities. Each 0-P zoned lot shall be provided with fc:.:ilities for the storage and collection of trash as follows:
(a) Any outdoor trash facility shall be enclosed by a minimum five-foot high solid masonry, brick or concrete wall except for the access way which shall be enclosed with solid decorative gates of the same height. ·
(b) Location and size shall be subject to approval by the planner. \\"hen any 0-P zoned lot has a common property line with a R-zoned lot, no trash facility sha!i be located within the required building setback.
(c) Open vehicular and pedestrian access to and from such trash fa(:ility shall be provided.

No parking spaces shall block such access to the trash facility. (d) Trash facilities shall be maintained in a closed manner at all times to prohibit visibility from public rights~of-way or adjacent property.

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ORDINANCE NO. __ 1_9_33 __

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Notwithstanding any other provision of this title, all existing uses, buildings and structures in the 0-P zone which do not conform to this Section shall provide a fully enclosed trash facility within six months of the effective date of this ordinance unless providing such trash facility will eliminate any existing required off-street parking spaces.

21.14.140 Buffering and maintenance of landscaping and easements. For 0-P zoned lots with side or rear yards that are adjacent to an R zoned lot, the following buffering provisions shall be provided and maintained: ·
(a) Landscaping, irrigation and maintenance plans shall be required and the plans shall be subject to approval of the design review board under the provisions of Chapter 21.72. The plans shall incorporate, but not be limited to, fifteen-gallon minimum trees at time of planting, interspersed shrubs, ground cover, raised earthen berms and automatic sprinkler systems. The City may require the maintenance plan to include a bonafide service agreement with a City licensed landscaping service business. Maintaining an active service agreement on file with the Community Development Department shall be the responsibility of the owner of the subject property or by his authorized agent.
(b) All landscaped areas and easements shall be maintained in good condition, weed and disease free, and in compliance with Chapter 9.54.

Notwithstanding any other provision of this title, all 0-P zoned lots that abut a R zone and do not have landscaping, irrigation and maintenance plans that have been approved by the design review board pursuant to requirementS of Chapter 21.72 shall submit a landscaping, irrigation and maintenance plan for design review board approval within six months of the effective date of this ordinance.

21.14.150 Compressors, air-conditioning units or similar mechanical equipment. Each 0-P zoned lot which has compressors, air-conditioning units or similar mechanical equipment, located on the roof and outside of the exterior walls of any building or structure, shall comply with the following:
(a) All such equipment shall be installed with permanent sound proofing measures, including but not limited to, enclosures, parapet and sound attenuating walls and screens. All such equipment shall comply with noise standards set forth in Chapter 9.53. The location, type and scope of soundproofing measures for such equipment shall be subject to the approval of the Community Development Department.
(b) All such equipment shall be maintained in a clean and proper condition to prevent collection of litter and filth, emissions of dust or fumes, vibration or electrical disturbances.

21.14.160 Lighting. All outdoor lighting shall be located and shielded so as to prevent the direct spillage of light or glare onto adjacent lots and streets.

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ORDINANCE NO. _......::1:..;::.9.:::.:33::___

Page 6 ends

21.14.170 Exceptions. Except as otherwise provided in this section, any use, building or structure which is in existence or for which a permit has been issued, as of the effective date hereof, and which conformed to all zoning regulations of the city then in effect at such time, shall not be rendered nonconforming within the meaning of Chapter 21.68, solely by reason of the application of the development standards as set forth in this chapter; provided that any such existing use, building or structure shall comply with the provisions hereof upon a change in use, or upon use, building or structure expansion or reconstruction, in whole or in part.

21.14.180 Site development plan approval. Prior to the issuance of a building permit or business license for any use, building or structure to be located on any lot, as to which the provisions of this chapter apply, the provisions of Chapter 21.72, with regard to site development plans shall be complied with.

21.14.190 Limitations on permitted uses. Every use permitted in the 0-P zone shall comply with the following:
(a) All uses shall be conducted totally within a completely enclosed building, except for those uses which are customarily conducted in the open, as determined pursuant to Section

21.06.060 or Section 21.74.030. Those uses conducted in the open shall be no closer than one hundred feet to any R zoned lot, except for parking.
(b) No outdoor storage shall be allowed unless the same is enclosed by a view-obscuring fence or wall, provided that no stored material is visible above the fence or wa'tl, that the fence or wall is approved by the Department of Community Development, and that such storage shall be limited to the accessory storage of items sold or utilized in the conduct of a permitted use on the premises. \Vhere the 0-P zoned lot is adjacent to a R zoned lot, no outdoor storage shall be permitted within one hundred feet of a R zoned lot.
(c) No loading and unloading shall be permitted in any required side or rear yard. (d) Where the 0-P zoned lot is adjacent to a R zoned lot, no deliveries of goods and commodities nor loading or unloading shall be conducted during the hours from 10:00 p.m. to 7:00 a.m.
(e ) There shall be no overnight parking of vehicles, except those vehicles used in conjunction with a permitted use.
(f) Driveways may not exceed thirty feet in width or sixty percent of the lot frontage. (g) No use shall be permitted which produces or causes or emits any dust, gas, smoke, glare, noise, fumes, odors, electromagnetic emanations or vibrations which are or may be detrimental to the health, safety, welfare and peace of the city and its residents arid businesses. (h) No use shall be permitted vvhich uses or stores a hazardous material that has a degree of hazard rating in health, flammability or reactivity of Class 4 as ranked by U. F. C. Standard 79- 3 or succeeding standard. A business materials usage and operations form shall be filed with the Community Development Department prior to the approval of a certificate of occupancy.

Notwithstanding any other provision of this title, all 0-P zoned businesses that do not have a business materials usage and operations form on file shall submit a form within six months of the effective date of this ordinance.

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ORDINANCE NO. _.....;1=9=33::::....__

Page 7 ends

(I) No person shall, at any location within the 0-P zone, create nor allow the creation of noise which causes the noise level to exceed the applicable noise standards set forth in Chapter

9.53. Where the 0-P zoned lot is adjacent to a R zoned lot, the noise level at the property line of the R zoned lot shall not exceed the allowable noise level for residential properties.

SECTION 3. The People hereby amend Section 21.70.030 of the Monterey Park Municipal Code (MPMC) by adding the following conditionally permitted uses:

Use Zone in which allowed subject to
Conditional Use Permit
Auditorium, not within 300 feet of a R-zone 0-P
Buildings exceeding height limit . . • . • . . 0-P
Business college (office or medical, dental). 0-P
Child care center,
\..- not within 300 feet of a R-zone . . . . . . . . 0-P Commercial office or service units which are shared by more than one independently owned ~ business enterprise . . . . . . . . . . . . . . . . 0-P Commercial developments of five or more units or with an area of more than one acre, and within '300 feet of a R-zone .......... .'. . . . 0-P
Financial institution (retail banking) . . . . . 0-P
Floor area ratio not to exceed 1.0 . . . . . . . 0-P
Government or public facility, except those owned or operated by the City of Monterey Park . . . . . . . . . . . 0-P
Gymnasium, reducing. salon and health center 0-P
Hotel . . . . . . . . . . . . . . . . . . . . . . . . . 0-P Lot size over an acre . . . . . . . . . . . . . . . 0-P Places of entertainment,
except as otherwise provided in this title . . 0-P
SECTION 4. The People APPROVE General Plan Amendment to change the land use designation in the Land Use Element from Industrial to Commercial for the area set forth in the attached map incorporated herein by this reference, based on the following findings:

1. The proposed General Plan Amendment will protect the health, safety and general welfare of the community as the amendment provides for a land use more compatible with surrounding single family residential development.

2. The proposed General Plan Amendment reflects the conditions of the community and are in keeping with the character of the area. The proposed land use designation of commercial is more compatible than the existing manufacturing designation with the surrounding single family residential areas ..

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ORDINANCE NO. __ 19_3_3 __

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SECTION 5. The People APPROVE the Zone Change to change the land use classification from M to 0-P for the area set forth in the attached map incorporated herein by this reference.
(1997\0P-.ORD)
APPROVED AND ADOPTED AT THE APRIL 14, 1998,

SPECIAL MUNICIPAL ELECTION IN THE CITY OF MONTEREY PARK REV; llfJ0/97

11.4SA.M.

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Staff Report
April 9, 2024

ATTACHMENT 2
August 14, 2019 Letter - 1977 Saturn

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Staff Report
April 9, 2024

ATTACHMENT 3
Land Use Element -
Figure LU-3: Land Use Policy Map

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24 LAND USE PLAN | Monterey Park Land Use and Urban Design Element Æ2Æ2Æ2
East Los Angeles College
California State University,
Los Angeles
§¨¦
710
§¨¦
710
@z
@z
§¨¦
10 §¨¦
10 South
San Gabriel
East Los Angeles
El Sereno

CITY OF

ALHAMBRA

CITY OF

MONTEBELLO

CITY OF

ROSEMEAD

CITY OF

LOS ANGELES

CITY OF

SAN GABRIEL

CITY OF

MONTEBELLO

LOS ANGELES
COUNTY
Alhambra Wash
Luguna Channel
Luguna Channel
Garvey Reservoir
Sa
turn S
t
E Rig
gin St
S Wil
cox
Ave
S Orange Ave
Crest Vista
Dr
W Verde Vista Dr
S Bradsha
we Ave
W Elmgate S
t
Bri
ghtwood
St
Jackson Ave
Sheriff Rd
E Grave
s Ave
Del Mar Ave
S Atlantic B
lvd
E 3
rd S
t
S Garfield Ave
S Fremont Ave
W Valley Blvd
Emerson Pl
Hellman Ave
W Floral Dr
E Garvey Av
e
E Emerson Ave
N Montebe
llo Blvd
W Pomo
na Blv
d
N New Ave
N G
arfi
eld A
ve
Monterey
Pass Rd
N Findlay Ave
N Wilcox Ave
S New Ave
W Emerson Ave
Corporate Center Dr
Cesar
E C
have
z Ave
N Param
ount Blvd
E Hellman
Ave
S Mednik Ave
W
Newmar
k Ave
N Mednik Ave
N Atlantic Blvd
W Linc
oln Ave
E Pomona Blvd
S Alhambra AveN Alhambra Ave
Hill Dr
S Almansor St
Findlay Ave
Garvey Ave
Potrero Gran
de Dr
Potrero Gra
nde D
r
W Garvey Ave
N San Gabriel Blvd
S Atlantic Blvd
W Hellman Ave
N Garfield Ave
E Be
verly B
lvd
S Garfield Ave
W Be
verly Blvd
S Atlantic Blvd
W Rig
gin St
° 0 ½1¼
Mile
October 2019
Sources: City of Monterey Park and MIG, 2019.

Resurrection Cemetery
Land Use Designations
Low Density Residential
Medium Density Residential
High Density Residential
Commercial
Mixed Use
Corporate Center
Innovation/Technology
Public Facilities
Open Space
Housing Overlay I
Housing Overlay II
Note: Also see Regulating Plan

LAND USE POLICY MAP
Base Map Features
Monterey Park Boundary
Sphere of Influence Boundary
Metro Gold Line and Stations
Watercourses and Channels
Garvey Reservoir
Æ2
FIGURE LU-3:

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City Council Staff Report

Date: July 2, 2025
Agenda Item Number: 9.D.

To: The Honorable Mayor and City Council
From: Shawn Igoe, Public Works Director
Subject: Maintenance Agreement with Trojan Technologies Corp.

Recommendation:

It is recommended that the City Council consider:

1. Authorizing the City Manager to execute an Agreement with Trojan Technologies Corp., (“Trojan”) in a form approved by the City Attorney, for the maintenance of its Advanced- Oxidation Ultraviolet Treatment System at a cost not to exceed $315,000; and

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

CEQA (California Environmental Quality Act):

Executive Summary:

The Water Division is requesting approval of an Agreement with Trojan Technologies Corp . (“Trojan”) for preventative maintenance services of the advanced-oxidation ultraviolet treatment system at the Delta Plant. The term is for one year at a cost not to exceed $315,000.

Background:

In August 2016, City Council awarded a Design-Build Contract to J.R. Filanc to design and construct a state-of-the-art treatment system at the City’s Delta Plant (the “Project”). Trojan provides intellectual and specialized services for treating volatile organic compounds (“VOCs”) and 1,4 dioxane contaminant, which are found in the City’s groundwater. Trojan’s proprietary equipment was determined to be best able to meet the City’s performance criteria.

Accordingly, the Director of Public Works (“Director”) selected Trojan’s Advanced Oxidation technology - TrojanUVPhox system (“AO”). The AO treatment system uses a particular ultraviolet light in combination with a hydrogen peroxide compound (an oxidant) to break down contaminants. This technology is effective at removing 1,4-dioxane which cannot be removed

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through conventional methods.

Trojan submitted a preventative maintenance proposal that includes monthly routine maintenance service. Work will be completed by Trojan’s certified experts who will ensure that its equipment is operating at peak performance to meet the City’s regulatory requirements. The proposal includes all labor costs for parts replacement including UV lamps and lamp related parts and supplies. The cost for the one-year maintenance agreement is $285,000.

In addition to the monthly preventative maintenance services, the Director is requesting an additional $30,000 for lamp, ballast, and driver replacement parts for the TrojanUVPhox system. The total contract amount is $315,000.

Strategic Plan Goal:

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

Fiscal Impact:

The Water Division’s FY2025-26 annual budget includes sufficient funds for the maintenance agreement with Trojan Technologies Corporation. Note that costs related to the treatment of VOCs are reimbursable per the South El Monte Operating Unit (“SEMOU”) Interim Remedy.

The operation and maintenance of the Interim Remedy is being transferred from the U.S.

Environmental Protection Agency’s (“EPA”) to the California Department of Toxic Substances Control (“DTSC”) and details for cost reimbursements are being finalized. The City will seek reimbursement for Trojan’s maintenance costs.

Attachments:

None

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City Council Staff Report

Date: July 2, 2025
Agenda Item Number: 9.E.

To: The Honorable Mayor and City Council
From: Robert Aguirre, Director of Recreation & Community Services Christina Alatorre, Recreation Manager
Subject: A Resolution Declaring the Month of July as “Parks Make Life Better” Month in the City of Monterey Park

Recommendation:

It is recommended that the City Council consider:

1. Adopting a Resolution declaring the month of July as “Parks Make Life Better” Month in the City of Monterey Park; and

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

Executive Summary:

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

Background:

The National Recreation and Park Association (NRPA) and California Parks and Recreation Society (CPRS) are organizations dedicated to advancing park, recreation, and conservation efforts that enhance the quality of life for all people. The NRPA and CPRS promote healthy lifestyles, recreational initiatives, and the conservation of natural and cultural resources. Since 1985, the NRPA and CPRS have recognized July as "Parks Make Life Better” month in California and nationally as "Parks and Recreation" month. Cities, counties, and other agencies recognize the importance of thriving local park systems in providing an opportunity for all people to lead healthy, active lifestyles and in preserving great community places.

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Strategic Plan Goal:

N/A

Fiscal Impact:

N/A

Attachments:

1. Parks Make Life Better RESOLUTION 2025

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY PARK DECLARING THE MONTH OF JULY 2025 AS

PARKS MAKE LIFE BETTER MONTH
BE IT RESOLVED by the Council of the City of Monterey Park as follows:

SECTION 1: The City Council finds as follows:

A. The City of Monterey Park’s Recreation and Community Services Department promotes physical, emotional, and mental health and wellness through organized and self-directed fitness, play, and activity; and
B. Parks support the economic vitality through increased property values, expansion of local tax base, increased tourism, and crime reduction; and C. The Recreation and Community Services Department creates memorable experiences through youth sports and enrichment activities, senior activity centers, adult fitness and enrichment programs, free community events, and beyond; and
D. The Department’s facilities foster social cohesiveness in communities by celebrating diversity, providing spaces to come together peacefully, modeling compassion, promoting social equity, connecting social networks, and ensuring all people have access to its benefits;
E. The Department’s programs support human development and endless learning opportunities that foster social, intellectual, physical, and emotional growth in people of all ages and abilities; and
F. The Recreation and Community Services Department strengthens community identity by providing facilities and services that reflect and celebrate community character, heritage, culture, history, aesthetics, and landscape; G. The Department facilitates community problems and issue resolution by providing safe spaces to come together peacefully and serving as key points of service, helping our communities heal both physically and emotionally; and H. Parks sustain and steward our natural resources by protecting habitats and open space, connecting people to nature, and promoting the ecological function of parkland; and
I. The Recreation and Community Services Department supports safe, vibrant, attractive, progressive communities that make life better through positive alternatives offered in their recreational opportunities; and

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Resolution No.

Page 2 of 2 ends

J. The Recreation and Community Services Department remains versatile and innovative in providing vital services to communities through local, national, or global emergencies, all while adhering to guidelines set forth by governing agencies; and the California Park & Recreation Society has released a statewide public awareness campaign, “Parks Make Life Better!®” to inform citizens of the many benefits of utilizing parks, facilities, programs, and services K. Now, therefore, be it resolved that the City Council Monterey Park recognizes the importance of access to local parks, trails, open space, and facilities for the health, wellness, development, inspiration, and safety of all residents; and be it further resolved, that the City Council of Monterey Park declares the month of July 2025 as “Parks Make Life Better!®” Month.

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

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

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

PASSED AND ADOPTED this ___ day of ______________, 2025. ________________________________
Vinh Ngo, Mayor
Attest:
__________________________
Maychelle Yee, City Clerk

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City Council Staff Report

Date: July 2, 2025
Agenda Item Number: 9.F.

To: The Honorable Mayor and City Council
From: Inez Alvarez, City Manager
Subject: Consideration to provide Letter of Support for SB 627, the "No Secret Police Act," and SB 805, the “No Vigilantes Act," on behalf of the City

Recommendation:

It is recommended that the City Council consider:

1. If desirable, sending a letter of support for California Senate Bills 627, the "No Secret Police Act," and 805, the “No Vigilantes Act,” on behalf of the City;

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

Executive Summary:

SB 627 would require law enforcement officers at all levels—local, state, and federal—to show their faces and be identifiable via uniforms when interacting with the public, with certain exceptions such as for SWAT teams and medical-grade masks.

SB 805 would extend crimes regarding impersonating a peace officer, firefighter, or public employee, to include willfully and credibly impersonating any of those entities through any means for the purpose of defrauding another.

SB 805 would require personnel of a law enforcement agency operating in California to visibly display identification that includes either a name or badge number to the public when performing their duties. The bill would exempt personnel operating undercover from these provisions. The bill would make a violation of these provisions a misdemeanor. The bill would define personnel of a law enforcement agency as any officer of a local, state, or federal law enforcement agency or any person acting on behalf of a local, state, or federal law enforcement agency.

The bill would also authorize law enforcement to request an alleged government employee to present identification when there is probable cause or reasonable suspicion of a crime including, without limitation, impersonating a peace officer, firefighter, employee of a public utility or government agency, or member of a search and rescue team, or when there is a legitimate safety concern.

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Existing law, the Bail Fugitive Recovery Persons Act, regulates bail fugitive recovery agents, defined as a person given written authorization by the bail or depositor of bail and contracted to investigate, surveil, locate, and arrest a bail fugitive and any person employed to assist the bail or depositor of bail to investigate, surveil, locate, and arrest a bail fugitive. This bill would prohibit a person authorized to apprehend a bail fugitive from using that position for the purposes of immigration enforcement and would require a person authorized to apprehend a bail fugitive to keep a defendant’s immigration status confidential, as specified.

The combination of SB 627 and SB 805 would increase transparency by law enforcement personnel when contacting the public.

Background:

N/A

Strategic Plan Goal:

N/A

Fiscal Impact:

There is no direct fiscal impact associated with this item.

Attachments:

1. Bill Text - SB 805

2. Bill Text - SB 627

3. Draft Letter of Support for SB 805 and SB 627

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ATTACHMENT 1
Bill Text - Senate Bill 805

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SHARE THIS:

Date Published: 06/24/2025 04:00 AM
SENATE BILL NO. 805
SB-805 Crimes. (2025-2026)
AMENDED IN ASSEMBLY JUNE 23, 2025
AMENDED IN SENATE MARCH 26, 2025
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
Introduced by Senator Pérez Senators Pérez and Wiener (Principal coauthor: Assembly Member Elhawary)
(Coauthors: Senators Arreguín and Gonzalez)
(Coauthor: Assembly Member Lee)
February 21, 2025
An act to amend Section 2085 of the Insurance Code, relating to insurance. An act to amend Sections 538d, 538e, 538f, 538g, 538h, and 1299.07 of, and to add Sections 13653 and 13654 to, the Penal Code, relating to crimes.

LEGISLATIVE COUNSEL'S DIGEST
SB 805, as amended, Pérez. Homeowners’ insurance: declared disaster areas. Crimes.

Existing law prohibits credibly impersonating a peace officer, firefighter, or employee of a public utility, state or local government agency, or search and rescue team, as specified. Existing law also prohibits willfully and credibly impersonating a peace officer, firefighter, or employee of a public utility, state or local government agency, or search and rescue team through or on an internet website, or by other electronic means, for the purposes of defrauding another. A violation of these prohibitions is punishable as a misdemeanor.

This bill would extend these offenses to include willfully and credibly impersonating any of those entities through any means for the purpose of defrauding another. By expanding the scope of a crime, this bill would impose a state-mandated local program.

This bill would require personnel of a law enforcement agency operating in California to visibly display identification that includes either a name or badge number to the public when performing their duties. The bill would exempt personnel operating undercover from these provisions. The bill would make a violation of these provisions a misdemeanor. The bill would define personnel of a law enforcement agency as any officer of a local, state, or federal law enforcement agency or any person acting on behalf of a local, state, or federal law enforcement agency. By creating a new crime and imposing duties on local law enforcement, this bill would Home
Bill Information
California Law Publications Other Resources My Subscriptions My Favorites Bill Text - SB-805 Crimes. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=20... 1 of 8 6/25/25, 09:06

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impose a state-mandated local program.

The bill would also authorize law enforcement to request an alleged government employee to present identification when there is probable cause or reasonable suspicion of a crime, including, but not limited to, impersonating a peace officer, firefighter, employee of a public utility or government agency, or member of a search and rescue team, or when there is a legitimate safety concern.

This bill would prohibit a person authorized to apprehend a bail fugitive from using that position for the purposes of immigration enforcement and would require a person authorized to apprehend a bail fugitive to keep a defendant’s immigration status confidential, as specified.

This bill would declare these provisions are severable.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law generally regulates classes of insurance, including fire insurance and homeowners’ insurance. If a property owner or their legal representative is unable to identify the insurer of their property in a declared disaster area, existing law requires the Insurance Commissioner to provide the owner’s information to insurers that issue homeowners’ insurance policies covering fire risks at the owner’s request. Existing law requires an insurer that issued a homeowners’ insurance policy on that property to respond to the property owner or their legal representative within 90 days of receiving their information from the commissioner.

This bill would reduce the above-described timeframe for an insurer to respond to a property owner to 75 days.

Vote: majority Appropriation: no Fiscal Committee: yes Local Program: no yes THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. The Legislature finds and declares all of the following:
(a) The federal government, through the United States Immigration and Customs Enforcement (ICE), has launched broad immigration enforcement efforts, deploying personnel from various federal agencies, including those within the Department of Justice, as part of the Trump Administration’s immigration enforcement operations.
(b) These actions have involved enforcement in and near locations, such as churches and schools, once considered sensitive areas, leading to widespread fear and confusion among impacted communities. (c) ICE officers have conducted operations while wearing face coverings, including gaiter and ski masks, citing the need to protect their identities from online publication, which can include details like names, addresses, and telephone numbers.
(d) The use of face coverings during enforcement activities has raised concern and criticism, including calls from United States Senators urging the Department of Homeland Security to require ICE officers to identify themselves and limit the use of face coverings during operations.
(e) At the same time, several news outlets have reported incidents of individuals impersonating ICE officers to harass or detain others, which undermines public trust in law enforcement, especially among vulnerable individuals, and pose a threat to public safety.
(f) Charges filed against individuals include kidnapping and impersonating a police officer after allegedly detaining a group of Latino men, impersonating an ICE officer on a university campus, and impersonating an ICE officer in Bill Text - SB-805 Crimes. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=20... 2 of 8 6/25/25, 09:06

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connection with the sexual assault of a woman while threatening her with deportation. (g) While ICE has publicly condemned impersonations, the agency’s use of face coverings and lack of consistent, visible identification is contributing to public confusion and making it difficult for individuals to distinguish between authorized personnel and bad actors.
(h) The state has both the authority and responsibility, under its police powers, to maintain order and protect the safety and well-being of all people within its jurisdiction from criminal conduct. (i) In order to carry out this duty effectively, the state must be able to distinguish between individuals who are lawfully exercising federal authority and those who are not, particularly in situations where a person is exhibiting unlawful behavior.
(j) Therefore, the state has a compelling interest in identifying and verifying who is operating under federal authority within the state.

SEC. 2. Section 538d of the Penal Code is amended to read:
538d. (a) Any person other than one who by law is given the authority of a peace officer, who willfully wears, exhibits, or uses the authorized uniform, insignia, emblem, device, label, certificate, card, or writing, of a peace officer, with the intent of fraudulently impersonating a peace officer, or of fraudulently inducing the belief that they are a peace officer, or who willfully and credibly impersonates a peace officer through or on an internet website, or by other electronic means, or by any other means, for purposes of defrauding another, is guilty of a misdemeanor.
(b) (1) Any person, other than the one who by law is given the authority of a peace officer, who willfully wears, exhibits, or uses the badge of a peace officer with the intent of fraudulently impersonating a peace officer, or of fraudulently inducing the belief that they are a peace officer, is guilty of a misdemeanor punishable by imprisonment in a county jail not to exceed one year, by a fine not to exceed two thousand dollars ($2,000), or by both that imprisonment and fine.
(2) Any person who willfully wears or uses any badge that falsely purports to be authorized for the use of one who by law is given the authority of a peace officer, or which so resembles the authorized badge of a peace officer as would deceive any ordinary reasonable person into believing that it is authorized for the use of one who by law is given the authority of a peace officer, for the purpose of fraudulently impersonating a peace officer, or of fraudulently inducing the belief that they are a peace officer, is guilty of a misdemeanor punishable by imprisonment in a county jail not to exceed one year, by a fine not to exceed two thousand dollars ($2,000), or by both that imprisonment and fine.
(c) (1) Except as provided in subdivision (d), any person who willfully wears, exhibits, or uses, or who willfully makes, sells, loans, gives, or transfers to another, any badge, insignia, emblem, device, or any label, certificate, card, or writing, which falsely purports to be authorized for the use of one who by law is given the authority of a peace officer, or which so resembles the authorized badge, insignia, emblem, device, label, certificate, card, or writing of a peace officer as would deceive an ordinary reasonable person into believing that it is authorized for the use of one who by law is given the authority of a peace officer, is guilty of a misdemeanor punishable by imprisonment in a county jail not to exceed six months, by a fine not to exceed two thousand dollars ($2,000), or by both that imprisonment and fine, except that any person who makes or sells any badge under the circumstances described in this subdivision is subject to a fine not to exceed fifteen thousand dollars ($15,000). (2) A local law enforcement agency in the jurisdiction that files charges against a person for a violation of paragraph (1) shall seize the badge, insignia, emblem, device, label, certificate, card, or writing described in paragraph (1).
(d) (1) The head of an agency that employs peace officers, as defined in Sections 830.1 and 830.2, is authorized to issue identification in the form of a badge, insignia, emblem, device, label, certificate, card, or writing that clearly states that the person has honorably retired following service as a peace officer from that agency. The identification authorized pursuant to this subdivision is separate and distinct from the identification authorized by Article 2 (commencing with Section 25450) of Chapter 2 of Division 5 of Title 4 of Part 6. (2) If the head of an agency issues a badge to an honorably retired peace officer that is not affixed to a plaque or other memento commemorating the retiree’s service for the agency, the words “Honorably Retired” shall be clearly visible above, underneath, or on the badge itself. (3) The head of an agency that employs peace officers as defined in Sections 830.1 and 830.2 is authorized to Bill Text - SB-805 Crimes. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=20... 3 of 8 6/25/25, 09:06

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revoke identification granted pursuant to this subdivision in the event of misuse or abuse. (4) For the purposes of this subdivision, the term “honorably retired” does not include an officer who has agreed to a service retirement in lieu of termination.
(e) (1) Vendors of law enforcement uniforms shall verify that a person purchasing a uniform identifying a law enforcement agency is an employee of the agency identified on the uniform. Presentation and examination of a valid identification card with a picture of the person purchasing the uniform and identification, on the letterhead of the law enforcement agency, of the person buying the uniform as an employee of the agency identified on the uniform shall be sufficient verification.
(2) Any uniform vendor who sells a uniform identifying a law enforcement agency, without verifying that the purchaser is an employee of the agency, is guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000).
(3) This subdivision shall not apply if the uniform is to be used solely as a prop for a motion picture, television, video production, or a theatrical event, and prior written permission has been obtained from the identified law enforcement agency.

SEC. 3. Section 538e of the Penal Code is amended to read:
538e. (a) Any person, other than an officer or member of a fire department, who willfully wears, exhibits, or uses the authorized uniform, insignia, emblem, device, label, certificate, card, or writing of an officer or member of a fire department or a deputy state fire marshal, with the intent of fraudulently impersonating an officer or member of a fire department or the Office of the State Fire Marshal, or of fraudulently inducing the belief that they are an officer or member of a fire department or the Office of the State Fire Marshal, or who willfully and credibly impersonates such an officer or member on an internet website, or by other electronic means, or by any other means, for purposes of defrauding another, is guilty of a misdemeanor. (b) (1) Any person, other than the one who by law is given the authority of an officer or member of a fire department, or a deputy state fire marshal, who willfully wears, exhibits, or uses the badge of a fire department or the Office of the State Fire Marshal with the intent of fraudulently impersonating an officer, or member of a fire department, or a deputy state fire marshal, or of fraudulently inducing the belief that they are an officer or member of a fire department, or a deputy state fire marshal, is guilty of a misdemeanor punishable by imprisonment in a county jail not to exceed one year, by a fine not to exceed two thousand dollars ($2,000), or by both that imprisonment and fine.
(2) Any person who willfully wears or uses any badge that falsely purports to be authorized for the use of one who by law is given the authority of an officer or member of a fire department, or a deputy state fire marshal, or which so resembles the authorized badge of an officer or member of a fire department, or a deputy state fire marshal as would deceive any ordinary reasonable person into believing that it is authorized for the use of one who by law is given the authority of an officer or member of a fire department or a deputy state fire marshal, for the purpose of fraudulently impersonating an officer or member of a fire department, or a deputy state fire marshal, or of fraudulently inducing the belief that they are an officer or member of a fire department, or a deputy state fire marshal, is guilty of a misdemeanor punishable by imprisonment in a county jail not to exceed one year, by a fine not to exceed two thousand dollars ($2,000), or by both that imprisonment and fine. (c) Any person who willfully wears, exhibits, or uses, or who willfully makes, sells, loans, gives, or transfers to another, any badge, insignia, emblem, device, or any label, certificate, card, or writing, which falsely purports to be authorized for the use of one who by law is given the authority of an officer, or member of a fire department or a deputy state fire marshal, or which so resembles the authorized badge, insignia, emblem, device, label, certificate, card, or writing of an officer or member of a fire department or a deputy state fire marshal as would deceive an ordinary reasonable person into believing that it is authorized for use by an officer or member of a fire department or a deputy state fire marshal, is guilty of a misdemeanor, except that any person who makes or sells any badge under the circumstances described in this subdivision is guilty of a misdemeanor punishable by a fine not to exceed fifteen thousand dollars ($15,000).
(d) Any person who, for the purpose of selling, leasing or otherwise disposing of merchandise, supplies or equipment used in fire prevention or suppression, falsely represents, in any manner whatsoever, to any other person that they are a fire marshal, fire inspector or member of a fire department, or that they have the approval, endorsement or authorization of any fire marshal, fire inspector or fire department, or member thereof, is guilty of a misdemeanor.

Bill Text - SB-805 Crimes. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=20... 4 of 8 6/25/25, 09:06

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(e) (1) Vendors of uniforms shall verify that a person purchasing a uniform identifying a firefighting agency or department is an employee or authorized member of the agency or department identified on the uniform.

Examination of a valid photo identification card issued by a firefighting agency or department that designates the person as an employee or authorized member of the agency or department identified on the uniform shall be sufficient verification.
(2) If a person purchasing a uniform does not have a valid photo identification card issued by a firefighting agency or department, the person shall present an official letter of authorization from the firefighting agency or department designating that person as an employee or authorized member of the agency or department. The person shall also present a government issued photo identification card bearing the same name as listed in the letter of authorization issued by the agency or department. (3) Any uniform vendor who sells a uniform identifying a firefighting agency or department without verifying that the purchaser is an employee or authorized member of the agency or department is guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000). (4) This subdivision shall not apply if the uniform is to be used solely as a prop for a motion picture, television, video production, or a theatrical event, and prior written permission has been obtained from the identified firefighting agency or department.
(f) This section shall not apply to either of the following:
(1) Use of a badge solely as a prop for a motion picture, television, or video production, or an entertainment or theatrical event.
(2) A badge supplied by a recognized employee organization as defined in Section 3501 of the Government Code representing firefighters or a state or international organization to which it is affiliated.

SEC. 4. Section 538f of the Penal Code is amended to read:
538f. Any person, other than an employee of a public utility or district as defined in Sections 216 and 11503 of the Public Utilities Code, respectively, who willfully presents themselves to a utility or district customer with the intent of fraudulently personating an employee of a public utility or district, or of fraudulently inducing the belief that they are an employee of a public utility or district, or who willfully and credibly impersonates an employee of a public utility or district on an internet website, or by other electronic means, or by any other means, for purposes of defrauding another, is guilty of a misdemeanor and shall be punished by imprisonment in a county jail not to exceed six months, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment. Nothing in this section shall be construed to prohibit conduct that arguably constitutes protected activity under state labor law or the National Labor Relations Act (Title 29, United States Code, Section 151 and following).

SEC. 5. Section 538g of the Penal Code is amended to read:
538g. (a) Any person, other than a state, county, city, special district, or city and county officer or employee, who willfully wears, exhibits, or uses the authorized badge, photographic identification card, or insignia of a state, county, city, special district, or city and county officer or employee, with the intent of fraudulently personating a state, county, city, special district, or city and county officer or employee, or of fraudulently inducing the belief that they are a state, county, city, special district, or city and county officer or employee, or who willfully and credibly impersonates such an officer or member on an internet website, or by other electronic means, or by any other means, for purposes of defrauding another, is guilty of a misdemeanor. (b) Any person who willfully wears, exhibits, or uses, or willfully makes, sells, loans, gives, or transfers to another, any badge, photographic identification card, or insignia, which falsely purports to be for the use of a state, county, city, special district, or city and county officer or employee, or which so resembles the authorized badge, photographic identification card, or insignia of a state, county, city, special district, or city and county officer or employee as would deceive an ordinary reasonable person into believing that it is authorized for use by a state, county, city, special district, or city and county officer or employee, is guilty of a misdemeanor, except that any person who makes or sells any badge under the circumstances described in this subdivision is subject to a fine not to exceed fifteen thousand dollars ($15,000). (c) This section shall not apply to either of the following:
(1) Use of a badge solely as a prop for a motion picture, television, or video production, or an entertainment or Bill Text - SB-805 Crimes. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=20... 5 of 8 6/25/25, 09:06

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theatrical event.
(2) A badge supplied by a recognized employee organization as defined in Section 3501 of the Government Code or a state or international organization to which it is affiliated.

SEC. 6. Section 538h of the Penal Code is amended to read:
538h. (a) Any person, other than an officer or member of a government agency managed or affiliated search and rescue unit or team, who willfully wears, exhibits, or uses the authorized uniform, insignia, emblem, device, label, certificate, card, or writing of an officer or member of a government agency managed or affiliated search and rescue unit or team, with the intent of fraudulently impersonating an officer or member of a government agency managed or affiliated search and rescue unit or team, or of fraudulently inducing the belief that they are an officer or member of a government agency managed or affiliated search and rescue unit or team, or uses the same to obtain aid, money, or assistance within this state, or who willfully and credibly impersonates such an officer or member on an internet website, or by other electronic means, or by any other means, for purposes of defrauding another, is guilty of a misdemeanor.
(b) (1) Any person, other than the one who by law is given the authority of an officer or member of a government agency managed or affiliated search and rescue unit or team, who willfully wears, exhibits, or uses the badge of a government agency managed or affiliated search and rescue unit or team with the intent of fraudulently impersonating an officer or member of a government agency managed or affiliated search and rescue unit or team, or fraudulently inducing the belief that they are an officer or member of a government agency managed or affiliated search and rescue unit or team, is guilty of a misdemeanor punishable by imprisonment in a county jail not to exceed one year, by a fine not to exceed two thousand dollars ($2,000), or by both that imprisonment and fine.
(2) Any person who willfully wears or uses any badge that falsely purports to be authorized for the use of one who by law is given the authority of an officer or member of a government agency managed or affiliated search and rescue unit or team, or that resembles the authorized badge of an officer or member of a government agency managed or affiliated search and rescue unit or team as would deceive any ordinary reasonable person into believing that it is authorized for the use of one who by law is given the authority of an officer or member of a government agency managed or affiliated search and rescue unit or team, for the purpose of fraudulently impersonating an officer or member of a government agency managed or affiliated search and rescue unit or team, or of fraudulently inducing the belief that they are an officer or member of a government agency managed or affiliated search and rescue unit or team, is guilty of a misdemeanor punishable by imprisonment in a county jail not to exceed one year, by a fine not to exceed two thousand dollars ($2,000), or by both that fine and imprisonment.
(c) As used in this section, the following terms have the following meanings:
(1) “Member” means any natural person who is registered with an accredited disaster council for the purpose of engaging in disaster service without pay or other consideration. Food and lodging provided, or expenses reimbursed for these items, during a member’s activation do not constitute other consideration. (2) “Search and rescue unit or team” means an entity engaged in the acts of searching for, rescuing, or recovering by means of ground, marine, or air activity, any person that becomes lost, injured, or is killed while outdoors or as a result of a natural or manmade disaster, including instances involving searches for downed or missing aircraft.

SEC. 7. Section 1299.07 of the Penal Code is amended to read:
1299.07. (a) An individual authorized by Section 1299.02 to apprehend a bail fugitive shall not represent himself or herself themselves in any manner as being a sworn law enforcement officer. (b) An individual authorized by Section 1299.02 to apprehend a bail fugitive shall not wear any uniform that represents himself or herself themselves as belonging to any part or department of a federal, state, or local government. Any uniform shall not display the words United States, Bureau, Task Force, Federal, or other substantially similar words that a reasonable person may mistake for a government agency. (c) An individual authorized by Section 1299.02 to apprehend a bail fugitive shall not wear or otherwise use a badge that represents himself or herself themselves as belonging to any part or department of the federal, state, or local government.

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(d) An individual authorized by Section 1299.02 to apprehend a bail fugitive shall not use a fictitious name that represents himself or herself themselves as belonging to any federal, state, or local government. (e) An individual authorized by Section 1299.02 to apprehend a bail fugitive may wear a jacket, shirt, or vest with the words “BAIL BOND RECOVERY AGENT,” “BAIL ENFORCEMENT,” or “BAIL ENFORCEMENT AGENT” displayed in letters at least two inches high across the front or back of the jacket, shirt, or vest and in a contrasting color to that of the jacket, shirt, or vest.
(f) An individual authorized by Section 1299.02 to apprehend a bail fugitive shall not use that position for the purposes of immigration enforcement, as defined in subdivision (f) of Section 7284.4 of the Government Code. (g) An individual authorized by Section 1299.02 to apprehend a bail fugitive shall keep a defendant’s immigration status confidential within their employing bail bond agency’s business.

SEC. 8. Section 13653 is added to the Penal Code, to read:
13653. (a) An employee of a law enforcement agency may request an alleged law enforcement employee to present identification when there is probable cause or reasonable suspicion of a crime, including, but not limited to, impersonating a peace officer, or when there is a legitimate safety concern. (b) For the purposes of this section, “employee of a law enforcement agency” includes any employee of any local, state, or federal law enforcement agency or any person acting on behalf of a local, state, or federal law enforcement agency.

SEC. 9. Section 13654 is added to the Penal Code, to read:
13654. (a) Personnel of a law enforcement agency operating in California shall visibly display identification that includes either a name or badge number to the public when performing their duties. (b) This section does not apply to personnel while operating undercover. (c) A violation of this section is punishable as a misdemeanor. (d) For the purposes of this section, “personnel of a law enforcement agency” means any officer of a local, state, or federal law enforcement agency or any person acting on behalf of a local, state, or federal law enforcement agency.

SEC. 10. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

SEC. 11. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

SECTION 1. Section 2085 of the Insurance Code is amended to read:
2085. (a) (1) In the case of a declaration of a disaster by the President of the United States or the Governor, if a property owner or owner’s legal representative is unable to identify the insurer of the owner’s property that is located in the declared disaster area, the commissioner shall, at the request of the property owner or owner’s legal representative, electronically provide the property owner’s name, any contact information provided to the commissioner, and property location information to insurers that issue homeowners’ insurance policies subject to Section 2071.
(2) The commissioner or an insurer may conclusively presume that a request submitted pursuant to paragraph (1) is a bona fide request from the property owner or owner’s legal representative. Information transmitted to the commissioner or an insurer pursuant to this section shall, within the meaning of subdivision (b) of Section 1798.24 of the Civil Code, constitute information provided with the voluntary written consent of the person Bill Text - SB-805 Crimes. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=20... 7 of 8 6/25/25, 09:06

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transmitting the information and shall authorize the commissioner or an insurer to provide the information to others in accordance with this section. A reasonable expectation of privacy shall not exist for the information provided to the commissioner or an insurer pursuant to this section and a cause of action shall not arise and liability shall not be imposed against the commissioner or an insurer, the commissioner’s or an insurer’s authorized representatives, or any department or insurer employee for statements made or conduct performed in good faith while carrying out the provisions of this section. (3) Communication between a property owner or owner’s legal representative and the commissioner, and between the commissioner and insurers, shall not constitute the filing of a claim. (b) An insurer that issues homeowners’ insurance policies subject to Section 2071 shall provide the commissioner with an email address for accepting an electronic transmission from the commissioner pursuant to subdivision (a). (c) (1) An insurer that issues homeowners’ insurance policies subject to Section 2071 shall respond to the property owner or owner’s legal representative within 75 days after receiving a transmission pursuant to subdivision (a) and shall indicate if the insurer issued a homeowners’ insurance policy on the property located in the disaster area and identified in the commissioner’s communication that was in force at the time that the disaster occurred.

An insurer’s response to the property owner or owner’s legal representative pursuant to this paragraph shall not be an acknowledgment of a claim, and shall not constitute an admission of coverage under any policy for any loss.
(2) Notwithstanding paragraph (1), the department and the insurer shall not be required to respond to a property owner or the owner’s legal representative if the insurer determines that it did not issue a policy for the property. (3) A response by an insurer to the property owner or the owner’s legal representative pursuant to paragraph (1) shall be provided free of charge.

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ATTACHMENT 2
Bill Text - Senate Bill 627

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ATTACHMENT 3
Draft Letter of Support for SB 805 and SB 627

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P
ride in the Past • Faith in the Future

CITY OF MONTEREY PARK

320 West Newmark Avenue • Monterey Park • California 91754-2896 www.montereypark.ca.gov
C
ity Council
Henry Lo
Vinh Ngo
Jose Sanchez
Thomas Wong
Yvonne Yiu
Ci
ty Clerk
Maychelle Yee
C
ity Treasurer
Amy Lee
The Honorable Sasha Renée Pérez
California State Senate
Sacramento, CA 95814
D
ear Senator Pérez –
On behalf of the Monterey Park City Counc il, I write to express our strong support for two c ritical legislative measures, SB 805 and SB 627, championed by you and y our colleagues. These bills significantly enhance public safety, trust and accountability in law enforcement.

SB 805 is important for Monterey Park because it protects public safety and trust. This bill expands existing impersonation laws to deter dangerous vigilante activity and ensures individuals acting with law enforcement authority clearly display a name or badge number. SB 627 would make it a crime for a law enforcement officer to wear any mask or personal disguise while interacting with the public in the performance of their duties, except as specified.

Recent incidents in Southern California - including unmarked v ehicles detaining residents and armed individuals wearing civilian clothing- have instilled fear in our communities. These episodes highlight the need for SB 805 and SB 627 to ensure that residents can distinguish between lawful officers and dangerous imposters.

By mandating clear identification, prohibiting masks and disguis es, and closing loopholes that
enable vigilantism, these bills directly support public safety, transparency and community trust.

The Monterey Park City Council strongly endorses this legislation and urges the Legislature to pass these bills swiftly. Thank you for championing measures that protect Californians in their most vulnerable moments .

Sincerely,
V
inh T. Ngo
Mayor
Elizabeth Yang
Mayor Pro Tem
H
enry Lo
Councilmember
J
ose Sanchez
Councilmember
T
homas Wong
Councilmember

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City Council Staff Report

Date: July 2, 2025
Agenda Item Number: 10.A.

To: The Honorable Mayor and City Council
From: Diana Garcia, Assistant City Manager
Rebecca Bojorquez, Principal Management Analyst
Subject: Adoption of an Ordinance Amending Title 6 of the Monterey Park Municipal Code in its entirety regarding public health services and incorporation of Title 11 of the Los Angeles County Code

Recommendation:

It is recommended that the City Council consider:

1. Opening the continued public hearing; taking testimonial and documentary evidence; closing the public hearing;

2. After considering the evidence, adopting an ordinance amending Title 6 of the Monterey Park Municipal Code; and

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

Executive Summary:

The City of Monterey Park contracts with the County of Los Angeles Public Health Department for public health services. In order for the Los Angeles County Department of Public Health to continue to perform public health services, the City needs to amend Title 6 of the Monterey Park Municipal Code and adopt Title 11 of the Los Angeles County Code regarding health and safety. At the May 21, 2025, City Council meeting, the Council approved the City Manager to enter into an agreement with the Department of Public Health, approved the introduction and waived the first reading of the ordinance. The public hearing was set for June 18, 2025. The City complied with regulatory notice requirements by posting notice of the public hearing on June 5, 2025, and June 12, 2025, in the Monterey Park Progress newspaper. Second reading and adoption of this Ordinance is recommended. If adopted, the ordinance will take effect in 30 days.

Background:

The City of Monterey Park has contracted with the Los Angeles County Department of Public Health ("LACDPH") since 1963 for public health services. By entering into an agreement within LACDPH, the County is also requesting that the City adopt, by reference, Title 11 of the Los Angeles County Code, which includes health and safety. Adopting Title 11 of the Los Angeles

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County Code will ensure the City is in compliance with the County on public health services.

The draft ordinance (Attachment 1), if adopted, would incorporate Los Angeles County Code Title 11 as indicated in Attachment 3. Additionally, the ordinance would amend existing MPMC Title 6 as set forth in Attachment 2.

Strategic Plan Goal:

N/A

Fiscal Impact:

There is no fiscal impact associated with this item other than costs associated with codifying the ordinance.

Attachments:

1. Draft Ordinance

2. MPMC Chapter 6

3. LA County Code Title 11

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Staff Report
July 2, 2025
ATTACHMENT 1
Draft Ordinance

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ORDINANCE NO.

AN ORDINANCE AMENDING AND RESTATING MONTEREY PARK
MUNICIPAL CODE CHAPTER 6.04 IN ITS ENTIRETY TO
INCORPORATE TITLE 11 OF THE LOS ANGELES COUNTY CODE

REGARDING HEALTH AND SAFETY REGULATIONS WITHIN THE
CITY’S JURISDICTION
The City Council of the City of Monterey Park does ordain as follows:

SECTION 1: The City Council finds and declares that:

A. This Ordinance adopts the Los Angeles County Health and Safety Code by reference;
B. The
City reviewed this Ordinance pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”), the regulations promulgated
thereunder (14 Cal. Code of Regulations §§15000, et seq., the “CEQA Guidelines”);
CEQA, CEQA Guidelines and Monterey Park Guidelines
collectively referred to as “CEQA Regulations”);
C. On June 18, 2025, the City Council held a public hearing to receive public testimony and other evidence regarding the proposed Ordinance including, without limitation, information provided to the City Council by the Assistant City Manager and public testimony;
D. This ordinance is adopted pursuant to the City’s police powers as authorized by California Constitution, Article XI, section 7; and
E. The findings in this Ordinance are made based on the entire administrative record including testimony and evidence presented to the City Council at its June 18, 2025, public
hearing including, without limitation, the staff report.

SECTION 2: Environmental Assessment. The City reviewed the environmental impacts of this Ordinance under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq., the “CEQA Guidelines”). This Ordinance is for general policies and procedure -making. It can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment. Accordingly, no further environmental review is required.

SECTION 3: Incorporation of Los Angeles County Code. Monterey Park Municipal Code (“MPMC”) Chapter 6.04 is amended and restated as set forth in the attached Exhibit “A” which is incorporated by reference.

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SECTION 4: Construction. This Ordinance must be broadly construed to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.

SECTION 5: Summaries of Information. All summaries of information in the findings, which precede this section, are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.

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

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

SECTION 8: Preservation. This Ordinance does not affect any penalty, forfeiture, or liability incurred before, or prelude prosecution and imposition of penalties for any violation occurring before, this Ordinance’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 Ordinance.

SECTION 9: Limitations. The City Council’s analysis and evaluation of the project is based on the best information currently available. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the City Council’s lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are the limitations on the city’s ability to solve what are in effect regional, state, and national problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework.

SECTION 10: Recordation. The City Clerk, or designee, is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Monterey Park’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within 15 days after the passage and adoption of this Ordinance, and cause it to be published or posted in accordance with California law.

SECTION 11: Electronic Signatures. This Ordinance may be executed with electronic signatures in accordance with Government Code § 16.5. Such electronic signatures will be treated in all

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Ordinance No.

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respects as having the same effect as an original signature.

SECTION 12: Effective Date. This Ordinance will become effective 30 days after second reading and adoption.

PASSED AND ADOPTED this ____ day of _________, 2025.
____________________________
Vinh T. Ngo, Mayor
ATTEST:
________________________________
Maychelle Yee, City Clerk
APPROVED AS TO FORM:

Karl H. Berger, City Attorney
By:________________________________
Justin A. Tamayo, Assistant City Attorney
Exhibit A — Amended and Restated MPMC Chapter 6.04
Exhibit B — Los Angeles County Code Title 11 (Health and Safety)

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Ordinance No.

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EXHIBIT A
AMENDED AND RESTATED MONTEREY PARK MUNICIPAL CODE CHAPTER 6.04

“CHAPTER 6.04 INCORPORATION OF LOS ANGELES COUNTY HEALTH AND SAFETY CODE

§ 6.04.010 Incorporation of Los Angeles County Code Title 11.

Pursuant to Government Code Section 50022.9, the city council incorporates into this code Title 11 of the Los Angeles County Code entitled “Health and Safety, including, without limitation Division 1, subject to the amendments, additions and deletions set forth in this Chapter. The provisions of this code take precedence over any conflicting provisions in Title 11 of the Los Angeles County Code.

§ 6.04.020 Amendments to the Los Angeles County Code.

Los Angeles County Code Title 11, as adopted by Ordinance No. 7583, is amended as follows:

(1) Section 601, Section 603, and Section 608 are repealed. (2) Section 555 is amended to read: “every person maintaining a wading pool which is open to the public must provide constant supervision at all times when such wading pool is open to the public, by an adult or person 16 years or older who is credentialed as a qualified Life Saver.”

§ 6.04.030 Additions to the Los Angeles County Code.

Section 113 is added to the Los Angeles Public Health Code to read as follows: “any person dissatisfied with any decision or order of the Health Officer, under the provisions of this Code, may appeal said decision or order, within five days after the effective date of such decision or order, to the City Council. The decision of the City Council is final.”

§ 6.04.040 General Penalty.

Any person violating any provision of this Chapter is guilty of a misdemeanor unless otherwise provided in this Title.”

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Los Angeles County, California, Code of Ordinances
Title 11 HEALTH AND SAFETY

Los Angeles County, California, Code of Ordinances Created: 2025-04-18 14:22:38 [EST] (Supp. No. 141)

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Title 11

HEALTH AND SAFETY
Divisions:

Division 1 HEALTH CODE
Chapter 11.01 PREVENTING RETALIATION FOR REPORTING PUBLIC HEALTH

VIOLATIONS

11.01.010 Title.

The Ordinance codified in this Chapter shall be known as the "Preventing Retaliation for Reporting Public Health Violations Ordinance."
(Ord. 2020-0065U § 1, 2020.)

11.01.020 Definitions.

Whenever used in this Chapter, the following words and phrases shall be defined as set forth in this Section.

A. "Worker" means any employee who performs work for an Employer within the unincorporated areas of the County of Los Angeles or within any city that incorporates the entirety of this ordinance into its municipal code.

B. "Employer" means any person, as defined in section 18 of the California Labor Code, including a corporate officer or executive, who directly or indirectly, or through an agent or any other person, including through the services of a temporary service or staffing agency or similar entity, employs any Workers or exercises control over the wages, hours, duties, or working conditions of any Workers. This Chapter and the definition of "Employer" do not apply to federal, State, or local government entities.

C. "Health Officer Order" means any order or protocol issued by the Los Angeles County Health Officer.

D. "Public Health Council" means a group of Workers, not including supervisors or managers, whose purpose is to educate and inform other Workers for the same Employer regarding any Health Officer Order, any protections for Workers under Title 11 of this Code, any local emergency related to public health proclaimed by the Board of Supervisors, or any public health emergency declared by the Los Angeles County Health Officer.
(Ord. 2023-0035 § 2, 2023; Ord. 2020-0065U § 1, 2020.)

11.01.030 Retaliation Against Workers Prohibited.

A. No Employer may discriminate in any manner or take adverse action, including but not limited to termination, constructive termination, demotion, pay reduction, or reduction in hours, against any Worker in retaliation for:

Exhibit B

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1. Reporting to the County of Los Angeles, its Department of Public Health, any other County departments or designees, non-County agencies or entities, the Worker's Employer, other Workers, or Public Health Councils about the Employer's or another Worker's perceived noncompliance with a Health Officer Order, this Chapter, or any other Chapter of Title 11 of this Code;

2. Discussing with the County of Los Angeles, its Department of Public Health, any other County departments or designees, non-County agencies or entities, the Worker's Employer, other Workers, or Public Health Council the Employer's, or another Worker's, perceived noncompliance with a Health Officer Order, this Chapter, or any other Chapter of Title 11 of this Code;

3. Belonging to or forming a Public Health Council;

4. Informing any Worker of his or her rights under this Chapter or any other Chapter of Title 11 of this Code, or assisting such Worker in exercising such rights;

5. Exercising any right provided under this Chapter; or

6. Discussing with another Worker a local emergency related to public health proclaimed by the Board of Supervisors or a public health emergency declared by the Los Angeles County Health Officer.

B. The protections of this Section shall apply to all communications and actions of a Worker set forth above in subsections A.1 through and including A.6 that are made in good faith.

C. Taking adverse action against a Worker within 90 days of the Worker's exercise of rights protected under this Section shall raise a rebuttable presumption of having done so in retaliation for the exercise of such rights. (Ord. 2023-0035 § 3, 2023; Ord. 2020-0065U § 1, 2020.)

11.01.035 Worker Notification Requirement.

A. The Department of Consumer and Business Affairs ("DCBA") shall prepare and provide a notice informing workers of their rights under this Chapter for posting in order for employers to comply with this Section. The DCBA shall make available electronic and hardcopy versions of such notice.

B. Every employer shall post in a conspicuous place at any workplace or jobsite within the geographic boundaries of the County of Los Angeles ("the County") where any Worker works, excluding cities with their own Health Officer, the notice provided by the DCBA informing Workers of their rights under this Chapter.

Employers who do not have a physical jobsite within the geographic boundaries of the County must provide a copy of the notice to each worker who performs work within the geographic boundaries of th e County, excluding cities with their own Health Officer.

C. If, during the course of an investigation or compliance check, the DCBA determines that there is a violation of this provision, the DCBA may issue and serve a Correction Order on the employer immediately requiring them to post the notice. The Correction Order shall identify the violation to be corrected and allow a reasonable amount of time to correct the violation.

D. An administrative fine of up to $500 payable to the County may be assessed for a violation of this provision.

The fine may be assessed and communicated to the employer according to the rules developed by the DCBA under section 11.01.060 of this Chapter. Each day of a continuing violation constitutes a new and separate violation.
(Ord. 2022-0064 § 1, 2022.)

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11.01.040 Investigation of Complaints.

A. Any complaints alleging a violation of this Chapter must be lodged with the Department of Public Health or any of its agents or designees.

B. The Department of Consumer and Business Affairs shall act as an agent for the Department of Public Health to investigate any complaint under this Chapter.

C. The Department of Consumer and Business Affairs may issue a finding that an Employer has violated this Chapter no later than one year after receiving the corresponding complaint. (Ord. 2020-0065U § 1, 2020.)

11.01.050 Administrative Fine for Violation.

Any Employer who violates this Chapter may be subject to an administrative fine not to exceed $10,000 per violation per day pursuant to Chapter 1.25 of this Code. (Ord. 2020-0065U § 1, 2020.)

11.01.060 Adoption of Rules.

The Department of Consumer and Business Affairs may develop rules for the administration and implementation of this Chapter. A copy of such rules shall be filed with the Executive Officer of the Board and shall be in effect immediately thereafter.
(Ord. 2020-0065U § 1, 2020.)

11.01.070 Right of Action to Enforce Violations.

A. Any Worker aggrieved by an act made unlawful by this Chapter, or County Counsel on behalf of such Worker, may, within three years of an Employer's last act made unlawful by this Chapter, bring an action in the Superior Court of the State of California against that Employer for violations of this Chapter, and the aggrieved Worker may be awarded:

1. Where applicable, hiring or reinstatement to the position(s) sought or held before the alleged unlawful act, or front pay in lieu thereof.

2. All actual damages (including, but not limited to, lost pay and benefits and noneconomic damages) suffered by the Worker, or statutory damages in the sum of $10,000 per violation, whichever is greater.

3. Punitive damages pursuant to California Civil Code section 3294.

B. The court shall award reasonable attorneys' fees and costs to the prevailing party, including to a Worker, to County Counsel, or to an Employer who prevails in a lawsuit by a Worker and demonstrates that the Worker's lawsuit was frivolous.
(Ord. 2020-0065U § 1, 2020.)

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11.01.080 Notice Before Initiating Suit.

A. Before a civil action is filed by a Worker or County Counsel under Section 11.01.070, the following requirements must be met:

1. The Worker or County Counsel must provide written notice to the Employer of the provisions of this Chapter alleged to have been violated and the facts to support the alleged violations; and

2. The Employer fails to cure the alleged violations of this Chapter within fifteen (15) business days of receiving such written notice.
(Ord. 2020-0065U § 1, 2020.)

11.01.090 Severability.

If any section, subsection, sentence, clause, or phrase of this urgency ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion(s) of this urgency ordinance. The Board hereby declares that it would have passed this urgency ordinance and every section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid. (Ord. 2020-0065U § 1, 2020.)
Chapter 11.02 GENERAL PROVISIONS AND DEFINITIONS
Part 1 GENERAL PROVISIONS
Article 1 REGULATIONS

11.02.010 Continuation of provisions.

The provisions of the ordinance codified in Division 1 of this Title 11, insofar as they are substantially the same as existing ordinance provisions relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactment.
(Ord. 2006-0040 § 68, 2006; Ord. 7583 Part 1 § 109, 1959.)

11.02.020 Director of public health—Statutory authority.

The duties of the director of public health are those set forth in the Health and Safety Code of the state of California, and particularly, but not limited to, those set forth in Chapter 2 of Part 3 of Division 101 of said Code. (Ord. 2006-0040 § 69, 2006; Ord. 7583 Part 1 § 103, 1959.)

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11.02.030 Director of public health—Powers and duties generally.

The director of public health shall have the authority and duty to make periodic and routine surveys and inspections of all buildings, lots, camps, areas, tracts of land, tents, mobilehome parks, mobilehomes, vehicles, and other premises and places used or intended for use for living quarters, and shall enforce:

A. Division 1 of this Title 11;
B. All other ordinances of this county pertaining to the public health and sanitary matters; C. Ordinances pertaining to the public health and sanitary matters of those cities which have entered into contracts with the county for such enforcement;
D. Within the unincorporated territory of the county, and within those cities the governing bodies of which have consented thereto pursuant to Section 101375 of the Health and Safety Code:

1. Orders, quarantine regulations and rules prescribed by the California Department of Health Services, and other rules and regulations issued under the provisions of the Health and Safety Code,

2. Statutes relating to the public health.
(Ord. 2006-0040 § 70, 2006; Ord. 8588 § 2 (part), 1964; Ord. 7583 Part 1 § 112, 1959.)

11.02.040 Powers of deputies.

Whenever a power is granted to or a duty imposed upon the director of public health in this Division 1, the power may be exercised or the duty performed by a duly authorized representative of the director unless this Division 1 expressly provides otherwise.
(Ord. 2006-0040 § 71, 2006; Ord. 7583 Part 1 § 102, 1959.)

11.02.050 Arrests for violations—Penal Code provisions adopted.

The director, and his delegated subordinates pursuant to the provisions of Section 836.5 of the Penal Code, may arrest a person without a warrant whenever he has reasonable cause to believe that the person to be arrested has committed a misdemeanor in his presence which is a violation of any statute or ordinance referred to by Section

11.02.030. Upon making such an arrest, the director or his subordinate may release the person arrested pursuant to the provisions of Section 853.6 of the Penal Code, the provisions of which are hereby adopted by reference as part of this section.
(Ord. 10238 § 1, 1971; Ord. 7583 Part 1 § 113, 1959.)

11.02.060 Interfering with director's duties prohibited.

No person shall refuse, resist or attempt to resist the entrance of the director of public health into any railway car, stage, vehicle, building, room, lot or other place or portion thereof in the county of Los Angeles in the performance of his duty, or shall refuse to obey any lawful order of the director of public health made in the performance of his duties within the power conferred upon him by state law or by Division 1 of this title. (Ord. 2006-0040 § 72, 2006; Ord. 7583 Part 1 § 104, 1959.)

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11.02.070 Severability.

If any provision of this Division 1 or the application thereof to any person or circumstance is held invalid, the remainder of this Division 1, and the application of such provision to other persons or circumstances, shall not be affected thereby.
(Ord. 7674 § 1, 1960; Ord. 7583 Part 1 § 107, 1959.)

11.02.080 Violation—Penalty.

Violation of Division 1 of Title 11 is punishable by a fine of not more than $500.00, or by imprisonment in the County Jail for not more than six months, or by both such fine and imprisonment. Each day during any portion of which any violation of any provision of this Division 1 is committed, continued or permitted makes such violation of a separate offense.
(Ord. 7583 Part 1 § 110, 1959.)

11.02.085 Applicability.

Unless otherwise expressly set forth in this Code, the provisions under Title 11 shall apply only to the unincorporated areas of the County and any incorporated city which adopts this Title 11, in whole or in part, into its municipal code by adoption or resolution.
(Ord. 2024-0048 § 1, 2024.)
Article 2 DEFINITIONS

11.02.090 Interpretation of language.

In this Division 1, the present tense includes the past and future tenses, and future tense includes the present; the masculine gender includes the feminine and neuter; the singular number includes the plural and the plural includes the singular.
(Ord. 7583 Part 1 § 108, 1959.)

11.02.100 County health officer.
"County health officer" means the director of public health of the county of Los Angeles, or his duly authorized representative.
(Ord. 2006-0040 § 73, 2006; Ord. 7583 Part 1 § 100, 1959.)

11.02.110 Health officer and director.

For the purposes of Title 11, "health officer" and "director" both mean the director of public health of the county of Los Angeles, or his duly authorized representative, as provided for in Section 2.77.050 of this code. (Ord. 2006-0040 § 74, 2006; Ord. 10728 § 1 (part), 1973; Ord. 7583 Part 1 § 101, 1959.)

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11.02.120 Person.
"Person" means and includes any individual or his heirs, agents or assigns, any company, firm, corporation, association, business trust, joint adventure, or group or combination acting as a unit, any political subdivision, governmental department or agency, municipal or public corporation or district, governing body of a school district, or any employee, officer, or any other kind of representative of any thereof, acting either under personal appointment or pursuant to law.
(Ord. 92-0078 § 4, 1992; Ord. 7583 Part 1 § 105, 1959.)

11.02.130 Section.

Unless otherwise indicated by the context, "section" means a section of the Health Code set out in Division 1 of this title.
(Ord. 8095 § 1, 1961; Ord. 7583 Part 1 § 111, 1959.)

11.02.140 Shall and may.

The word "shall" is mandatory; the word "may" permissive. (Ord. 7583 Part 1 § 106, 1959.)
Part 2 PROVISIONS FOR CHAPTERS 11.06 THROUGH 11.38
Article 1 REGULATIONS

11.02.150 Purpose of provisions—Statutory definitions incorporated when.

Part 2 of Chapter 11.02 and Chapters 11.06 through 11.38 of this title are intended to supplement the provisions of the laws and regulations of the state of California by prescribing higher standards of sanitation, health and safety.

Whenever any technical words or phrases are not defined herein, but are defined in such laws and regulations of the state, such definitions are incorporated in this part and shall be deemed to apply as though set forth herein in full.
(Ord. 7583 Part 3 Ch. 1 § 301, 1959.)

11.02.160 Rules and regulations—Promulgation and enforcement authority.

The director may make and enforce such rules and regulations as may be necessary or proper to enforce Part 2 of this Chapter and Chapters 11.06 through 11.38 of this code. (Ord. 8588 § 2 (part), 1964; Ord. 7583 Part 3 Ch. 1 § 321, 1959.)

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11.02.170 Classification of food service operations.

It shall be the responsibility and authority of the director to classify food service operations for the purpose of ascertaining and establishing compliance with the provisions of this Division 1, including the licensing and permit provisions.
(Ord. 7583 Part 3 Ch. 1 § 316, 1959.)

11.02.180 Food, water and milk—Authority to purify or destroy.

The director shall have the authority to destroy, or render noninfectious, any food, drink or other substance threatening the public health. During emergencies, he may take steps to purify the water by appropriate disinfection. When necessary for the protection of public health, he shall have the authority to pasteurize milk, or order milk pasteurized, when such milk is suspected of carrying the agents of any communicable disease. (Ord. 7583 Part 3 Ch. 1 § 319, 1959.)

11.02.190 Nuisance abatement—County to perform work when—Costs.

Whenever a nuisance or condition endangering the public health shall be ascertained to exist on any premises, or in any house, or any other place, the director shall notify in writing the person having control of or acting as agent for such premises, house or other place, to abate or remove such nuisance or condition within a reasonable time, to be stated on such notice. Upon the neglect or refusal of such person to comply with such notice, the director may abate such nuisance or condition, and the person h aving control of such house, premises or place, in addition to the penalties provided by this Division 1, shall be liable to the county of Los Angeles for the cost of such abatement, to be recovered in a civil action in any court of competent jurisdiction. (Ord. 81-0037 § 1, 1981; Ord. 7583 Part 3 Ch. 1 § 317, 1959.)

11.02.192 Nuisance abatement—Assistance of other agencies—Costs.

A. When the director, acting under any authority vested in him, orders the abatement of a nuisance or condition which endangers the public health, safety and welfare, and the person or persons responsible for the creation or maintenance of such nuisance fail to comply with said order, the director may request any county department or city agency or department having the necessary manpower and equipment to perform the work required to abate such nuisance.

B. When an officer of any Los Angeles County Vector Control District, acting under any authority vested in him or her, orders the abatement of any nuisance or condition which endangers the public health, safety and welfare, and the person or persons responsible for the creation of such nuisance fail to comply with said order, the director may request any county department or city agency or department having the necessary manpower and equipment to perform the work required to abate such nuisance.

C. The cost of performance of such work shall be recovered from the person or persons responsible for the creation or maintenance of the nuisance.
(Ord. 2004-0054 § 1, 2004; Ord. 81-0037 § 2, 1981.)
Article 2 DEFINITIONS

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11.02.200 Approved.
"Approved" means approved by the director of public health. (Ord. 2006-0040 § 75, 2006; Ord. 7583 Part 3 Ch. 1 § 315, 1959.)

11.02.210 Bakery and bakery products.
"Bakery" means any room, building or place used or operated for the purpose of making, preparing or baking bread, cakes, pies, pastry, doughnuts, rolls, biscuits, crackers, noodles, macaroni, tamales or spaghetti, or other products of flour and meal, hereinafter called "bakery products," to be sold for food, except that the term "bakery" shall not be construed to include any establishment engaged in the preparation of bakery products in any restaurant or itinerant restaurant wherein any such bakery product in prepared to be used, and used exclusively with meals served in or from such restaurant or itinerant restaurant. (Ord. 7616 § 1 (part), 1959; Ord. 7583 Part 3 Ch. 1 § 311, 1959.)

11.02.220 Bakery product vehicle.
"Bakery product vehicle" means a vehicle used for carrying or transporting bakery products for the purpose of distribution, gift or sale at a point other than where manufactured, except vehicles that are delivering bakery products to retail or wholesale establishments for resale. (Ord. 8588 § 2 (part), 1964; Ord. 7583 Part 3 Ch. 1 § 311.1, 1959.)

11.02.230 Box lunch.
"Box lunch" means an assortment of foods or foodstuffs sufficient in quantity and variety to constitute a meal, packed or placed in a box or container and to be eaten at a place other than the premises upon which the food is prepared.
(Ord. 7583 Part 3 Ch. 1 § 314, 1959.)

11.02.240 Caterer.
"Caterer" means any person who transports food for profit, and serves or offers for service by others on order, such food, as a meal or a portion of a meal, at a place other than his place of business, but shall not include markets, bakeries or similar food establishments preparing, serving or delivering wrapped foods. (Ord. 7583 Part 3 Ch. 1 § 312, 1959.)

11.02.250 Food.
"Food" means all articles and substances used for food and drink, confectionery or condiment whether simple or compound, and all ingredients and components used in the preparation thereof. (Ord. 7583 Part 3 Ch. 1 § 303, 1959.)

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11.02.260 Food establishment.
"Food establishment" means any public or private market, shop, store, storehouse, bakery, food processing establishment or any other plant or place, not a restaurant, itinerant restaurant, caterer, wayside stand, temporary refreshment stand or vending machine, in or about which food is stored, prepared or offered for sale or gift for human consumption.
(Ord. 2008-0013 § 11, 2008; Ord. 7583 Part 3 Ch. 1 § 310, 1959.)

11.02.280 Itinerant restaurant.
"Itinerant restaurant" means any restaurant operating for a temporary period or time, not to exceed 30 days at any one location on any one premises, and shall include any stand or facility which is portable and used for the preparation and service of foods, other than a temporary refreshment stand. "Itinerant restaurant" may include a vehicle, provided it is maintained in a mobile condition and currently registered by the California Department of Motor Vehicles.
(Ord. 9375 § 1 (part), 1967; Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 1 § 308, 1959.)

11.02.290 Lunch service vehicle.
"Lunch service vehicle" means a vehicle from which is dispensed ready -to-eat food and drink which has been prepared and sealed or packaged in a licensed establishment. (Ord. 7583 Part 3 Ch. 1 § 305, 1959.)

11.02.300 Nuisance.
"Nuisance" means and includes any of the following:

A. Any public nuisance known to common law or equity jurisprudence, and whatever is dangerous to human life or detrimental to health;
B. Overcrowding a room with occupants;
C. Inadequate or insanitary sewerage or plumbing facilities; D. Insufficient ventilation or illumination;
E. Uncleanliness, or anything that renders air, food and drink detrimental to the health of human beings. (Ord. 7583 Part 3 Ch. 1 § 318, 1959.)

11.02.310 Operator.
"Operator" means anyone who, as an employee, manager, owner or otherwise, is engaged in the preparation, dispensing or handling of food or food products.
(Ord. 7583 Part 3 Ch. 1 § 302, 1959.)

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11.02.320 Restaurant.
"Restaurant" means, but is not limited to, any coffee shop, cafeteria, school cafeteria, shortorder cafe, luncheonette, tavern, cocktail lounge, sandwich stand, soda fountain, club, hotel, boarding house, fraternal organization, employee or in-plant feeding establishment, or other public eating or drinking establishment which prepares and offers, for sale or gift, food and drink to the public, as well as kitchens in which food and drink is prepared on the premises; for sale, gift or distribution elsewhere. (Ord. 7583 Part 3 Ch. 1 § 307, 1959.)

11.02.330 Slaughterhouse.
"Slaughterhouse" means any establishment in which anyone, other than for his own use, slaughters more than one horse, mule or ass per day.
(Ord. 7583 Part 3 Ch. 1 § 313, 1959.)

11.02.340 Temporary refreshment stand.
"Temporary refreshment stand" means any food-preparation or dispensing operation conducted in connection with a fair, circus, or public exhibition or gathering, offering food for sale or gift to the general public for a temporary period of time in one location.
(Ord. 9375 § 1 (part), 1967; Ord. 8614 § 1 (part), 1964; Ord. 7583 Part 3 § 309, 1959.)

11.02.350 Wayside stand.
"Wayside stand" means any stand from which is offered, for sale or as a gift, edible agricultural products as grown, which have not been processed in any other way than other washing, which sales or gifts are made from residences or other structures by the owners or tenants thereof, or members of their immediate families, where such residences or other structures are not designed, constructed or altered so as to display such edible agricultural products, or where such structures are temporary and without si des of any kind, and such residences or other structures are located on the property on which such edible agricultural products are raised, grown or produced, whether such sales or gifts are advertised by signs or not. (Ord. 7583 Part 3 Ch. 1 § 306, 1959.)
Chapter 11.04 COMMUNICABLE DISEASE CONTROL3
Part 1 GENERAL REQUIREMENTS

11.04.010 Director—Powers and duties generally.

A. Within a reasonable length of time after the receipt by him of a report of a case of contagious, infectious or communicable disease, the director of public health shall make such investigation and take such measures as in his opinion and uncontrolled discretion may be necessary to prevent spread of said disease and to enforce the provisions of this Division 1 and statutes, particularly, but not limited to, the Health and Safety Code and the Regulations of the California Department of Health Services.

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B. In such cases, the director shall collect and submit to the county public health department laboratory, or to another laboratory approved by the California Department of Health Services, such samples and laboratory specimens as may be necessary to determine the diagnosis, source of infection, and possible infection of persons who have been in contact with the source of infection, of said contagious, infectious or communicable diseases. In such cases, the director shall, when he determines it necessary to assure compliance with his quarantine or isolation regulations or orders, post guards on or adjacent to the premises where a contagious, infectious or communicable disease exists. (Ord. 2006-0040 § 76, 2006; Ord. 7583 Part 2 § 200, 1959.)

11.04.020 Isolation or quarantine authorized when.

A. The director may remove any person affected or reasonably suspected of being affected with a contagious, infectious or communicable disease to a suitable place of isolation or quarantine when the director deems such action necessary to protect the patient and the public health.

B. In such instances where the patient involved may be classed as indigent according to the requirements and standards of the Los Angeles County department of public social services, removal shall be to a suitable facility which has been established and maintained for the treatment and isolation of contagious, infectious or communicable diseases by the county of Los Angeles through the department of health services directly, or by contract with other persons, bodies or institutions.

C. In the instance of communicable disease patients other than indigents, the director shall attempt to secure isolation and treatment in private institutions having facilities which, in the opinion of the director, are adequate for proper isolation; but if such private institutions be not found available and, in his opinion, hospital isolation and care continue necessary, said nonindigent contagious person shall be committed to the director of the department of health services, who shall provide facilities in county institutions or hospitals for proper isolation and treatment.

D. Return of such communicable disease patients from isolation in a hospital or other isolation facilities to community living shall be on authorization of the director. (Ord. 2006-0040 § 77, 2006; Ord. 7583 Part 2 § 201, 1959.)

11.04.030 Physicians—Report of disease required when.

Any report of the existence of a contagious, infectious or communicable disease required by any physician or any other person by the provisions of the Health and Safety Code and the Regulations of the California Department of Health Services shall, in addition to the matters require to be reported by such statute or regulation, further state whether the patient or any member of the patient's household is engaged in the handling or sale of milk or other foodstuff for human consumption or is engaged in teaching or working in a school or in caring for children other than those of the patient's own immediate family.
(Ord. 2006-0040 § 78, 2006; Ord. 7583 Part 2 § 202, 1959.)

11.04.040 Report of disease by other persons required when.

When no physician is in attendance, any dentist, practitioner, visiting nurse, private duty nurse, head of any private household, or person in charge of any institution, hotel, hospital, sanitary clinic, dispensary, boarding house, school, camp or vessel, shall report immediately to the director the name and address of any person under his charge, or in his institution or other place under his charge, with any disease which is or which he suspects or has reason to suspect as being contagious, infectious or communicable, and shall keep such a person strictly isolated

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until the director orders otherwise. Any person having knowledge that another person is suffering from a disease which is, or which the first person suspects or has reason to suspect as being contagious, infectious or communicable, shall report forthwith to the local director the name and address of the diseased person and all the facts relating to the case known to him and requested by the director. (Ord. 7583 Part 2 § 203, 1959.)

11.04.050 Physicians—Specimen submittal.

Any physician in attendance on a person suffering from any disease which is, or which the physician suspects or has reason to suspect as being, contagious, infectious or communicable, shall submit to the director or to a laboratory approved by the California Department of Health Services for examination, such specimens required or demanded by the director for establishing the diagnosis and control of such disease. (Ord. 2006-0040 § 79, 2006; Ord. 7583 Part 2 § 204, 1959.)

11.04.060 Physicians—Isolation of patient and other precautions.

A. Any physician who discovers a case of contagious, infectious or communicable disease shall immediately cause the patient to be isolated and to remain isolated until otherwise ordered by the director.

B. The physician shall also advise other members of the household regarding the precautions to prevent further spread of the disease, and shall cooperate with the director in endeavoring to secure the immunization and prompt treatment of such patient and of persons who have been in contact with such patient to render them noninfectious.
(Ord. 7583 Part 2 § 205, 1959.)

11.04.070 Tuberculosis—Recordkeeping requirements.

All reports and all results of examinations of persons having or suspected of having tuberculosis shall be recorded by the director in a register, which register shall not be open to inspection by any person other than the health authorities of the state and county or of any public school district. (Ord. 7583 Part 2 § 206, 1959.)

11.04.080 Sanitary disposal of infectious excretions.

No person having tuberculosis or other contagious, infectious or communicable disease shall dispose of his sputum, saliva or other bodily secretion or excretion so as to cause offense or danger to any person or persons occupying the same room, apartment, house or public place. In all cases of violation of this section, the director shall take such steps as he may find necessary to protect the public health. (Ord. 7583 Part 2 § 207, 1959.)

11.04.090 Quarantine—Placard requirements.

No person shall interfere with or obstruct the director or his authorized representative in the posting of any placard establishing quarantine in accordance with law, in or on any place or premises, nor shall any person conceal, mutilate or remove any such placard, except by permission of the director. In the event any such placard

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is concealed, mutilated or torn down, the occupant of the premises whereon such placard was posted shall notify the director of such fact immediately.
(Ord. 7583 Part 2 § 208, 1959.)

11.04.100 Quarantine—Leaving and entering premises—Limitations.

It is unlawful for any person residing or being in any place which is quarantined by the director to leave, nor shall any unauthorized person enter such place without the written consent of the director; provided, however, that the physician in attendance, any registered nurse in attendance, the clergyman, undertaker, or any member of the department of public health, in performance of their duties, may have access to the quarantined household or any persons therein under such regulations as may be adopted from time to time by the director. Any permits issued under authority of this section may be revoked upon failure to comply with the regulations governing the issuance of such permits.
(Ord. 2006-0040 § 80, 2006; Ord. 7583 Part 2 § 209, 1959.)

11.04.110 Schools—Exclusion of children or other persons required when.

A. It shall be the duty of the principal or other person in charge of any public, private, parochial, Sunday, kindergarten or boarding school, or day nursery, to exclude therefrom any child or other person with an infectious, contagious or communicable disease, or a disease such principal or other person suspects or has reason to suspect as being contagious, infectious or communicable. If the attending physician, school physician or director finds, upon examination, that the person is not suffering from a c ontagious, infectious or communicable disease, he may submit a certificate to this effect to the school authority, who may readmit the person.

B. In addition, the principal or other person shall exclude from attendance at school, and shall notify the director of said action taken, all children affected with the following named diseases: impetigo contagiosa, pediculosis, ringworm, scabies and Vincent's infection. The director shall prescribe conditions under which children with such diseases may attend school.
(Ord. 7583 Part 2 § 210, 1959.)

11.04.120 Schools—Readmission of children—Conditions.

A. No instructor, teacher, pupil or child who resides where any contagious, infectious or communicable disease exists, or has recently existed, which is subject to strict isolation or quarantine of contacts, shall be permitted by any superintendent, principal or teacher of any college, seminary, public or private school, or day nursery, to attend the college, seminary, school or nursery, except by the written permission of the director.

B. Pupils or school or nursery employees who have been ill from any other contagious, infectious or communicable disease may be readmitted only by written permission signed by the attending physician, the school physician, or the director or his authorized agent. (Ord. 7583 Part 2 § 211, 1959.)

11.04.130 Control measures when diagnosis is uncertain.

In cases of doubt or disputed diagnosis, or where uncertainty exists as to the exact nature of a suspected case of contagious, infectious or communicable disease, the director shall enforce the control measures provided for the

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disease. Whenever a case of unrecognized illness shall be reported to the director, which upon investigation presents symptoms of a contagious, infectious or communicable disease, but in which, in the judgment of the director, sufficient time has not elapsed to render a positive diagnosis possible, the director shall establish the control measures applicable in actual cases of contagious, infectious or communicable disease until such time as positive diagnosis can be established.
(Ord. 7583 Part 2 § 212, 1959.)

11.04.140 Disinfection measures following quarantine or other unsanitary conditions.

A. Whenever a person or animal or other thing is discovered to be affected by or infected with a contagious, infectious or communicable disease, upon demand of the director, the owner or person in charge of the house containing said person, animal or thing shall cause the house, building or premises, and all articles therein which might harbor germs or viruses, or carriers thereof, to be disinfected, deloused, renovated, cleaned or fumigated, as required by and under the supervision of the director.

B. Upon the termination of any case of contagious, infectious or communicable disease by death or recovery of the patient, or on removal of the patient from the house or other place in which the patient had been staying during the course of the disease, the director shall make a determination of the means necessary to render noninfectious the house or other place occupied by the patient during the course of the disease. The director may order any person owning, or having any interest in said house or other place, to clean the premises according to specifications of the director, and said person owning or having interest in said property shall obey all further orders of the director that may be determined by the director in his sole discretion to be necessary to destroy the vitality of pathogenic microorganisms or viruses on such premises.

C. Whenever quarantine is established by the director for any contagious, infectious or communicable disease, he shall instruct all persons on the quarantined premises in the steps necessary to prevent the spread of the disease through infectious discharge, and such persons shall follow and obey such instructions. In the case of the louse-borne diseases, the director shall take such measures as may be necessary to delouse all infected persons who have been in contact with the infected person on the quaranti ned premises, and also such persons shall obey the orders of the director relating to said delousing program.

D. Whenever the director, in his sole discretion, finds that an emergency exists requiring immediate action for the protection of public health, he shall proceed to render any infected house, building or premises free from the danger of the spread of contagious, infectious or communicable disease; if, in the opinion of the director, it is necessary to destroy any clothing or bedding or other articles to prevent the spread of contagious, infectious or communicable disease, the same shall be destroyed by the director.

E. Whenever the director finds any premises to be infested with vermin or rats, or to be in such insanitary condition, as in his opinion to require fumigation or renovation, the director shall serve notice of such conditions on the owner or his agent, or tenant of such premises, and the owner, agent or tenant shall fumigate or renovate such premises as directed by the director.

F. No person shall remove any article of clothing or bedding, or any other article by which the germs of disease may be carried, from any house, building or premises in which there is or has been a case of contagious, infectious or communicable disease, until such articles have been thoroughly disinfected and the permission of the director obtained for such removal.
(Ord. 7583 Part 2 § 213, 1959.)

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11.04.150 Exposed persons—Contacts with other persons restricted.

Upon specific order of the director, a person or persons who have attended upon or otherwise come in contact with a case of communicable disease in such manner or to such extent as to render him or her liable to contract such disease or to communicate it to others, shall refrain from going into a public place of assembly and shall not mingle with other persons not affected with such disease. The director may, when it is necessary, cause any person so exposed to be quarantined until the danger of such person 's having or communicating such communicable disease has passed.
(Ord. 7583 Part 2 § 214, 1959.)

11.04.160 Bodies of disease victims—Embalming restrictions—Report required when.

No undertaker or embalmer shall begin the actual embalming of any body in which the cause of death is, or in which he suspects or has reason to suspect the cause of death as being, a contagious, infectious or communicable disease, until authorized by the director. If the case has not been previously reported to the director, the undertaker or embalmer shall immediately report to the director the name and address of the deceased person, and all facts relating to the cause of death known to said undertaker or embalmer. (Ord. 7583 Part 2 § 215, 1959.)

11.04.170 Hearse and mortuary car use restrictions.

It is unlawful for any funeral director or other person to use, or cause or permit to be used, any vehicle other than a hearse or mortuary car for the conveyance of the body of any person dead of a contagious, infectious or communicable disease, except when said person dies while being transported in a vehicle, unless said body shall have been prepared for burial and encased in a sound casket and enclosed in a transportation case. (Ord. 7583 Part 2 § 216, 1959.)

11.04.180 Burial permits.

For every burial permit issued pursuant to the Health and Safety Code, the applicant shall pay to the director, and the director shall collect the fee authorized pursuant to Health and Safety Code section 100430, except that no fee shall be charged for a burial permit of a person who died while in any branch of the armed forces during time of war.
(Ord. 2006-0040 § 81, 2006; Ord. 7583 Part 2 § 217, 1959.)

11.04.190 Tuberculosis sanitarium—Alcoholic beverages prohibited.

No person shall enter, be or remain upon the premises of any tuberculosis sanitarium while in possession of any alcoholic beverages, including beer and wine, in excess of a single dose prescribed by the sanitarium physician. (Ord. 10728 § 2 (part), 1973; Ord. 7583 Part 2 § 228, 1959.)

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11.04.195 Sale or use of alkyl nitrite products.

A. It is unlawful for any person to use, sell, offer for sale or otherwise furnish to any other person any alkyl nitrite product, as defined herein.

B. "Alkyl nitrite" means any volatile alkyl nitrite compound including, but not limited to, amyl nitrite, butyl nitrite, and isobutyl nitrite.

C. "Alkyl nitrite product" means all products of any kind containing an alkyl nitrite in a form and amount which makes possible the introduction of an alkyl nitrite into the human body through any means including, but not limited to, injecting, ingesting or inhaling.

D. As used in this section, the use of an alkyl nitrite product shall mean to inhale, inject, or otherwise introduce into the human body an alkyl nitrite product, unless done pursuant to a course of treatment prescribed or administered by a physician, dentist or podiatrist.

E. The prohibition contained in subsection A of this section shall not apply to the sale, offering for sale, or furnishing of any alkyl nitrite product by:

1. A pharmacist to a physician, dentist, podiatrist, veterinarian or to any other person possessing a prescription issued by a physician, dentist, podiatrist or veterinarian for such a product;

2. A physician, dentist, podiatrist or veterinarian to his or her patients; or

3. A manufacturer or wholesaler of alkyl nitrite products to a pharmacist, physician, dentist, podiatrist or veterinarian.
(Ord. 86-0173 § 1, 1986.)
Part 2 RABIES CONTROL AND VICIOUS ANIMALS5

11.04.200 Persons bitten by certain animals—Report required—Treatment.

It shall be the duty of each physician to report to the director any case coming to the physician's attention in which a person has been bitten by, or otherwise exposed to, an animal of a species subject to rabies, giving the full name, age and address of the person who has been bitten. If no physician is in attendance on said case, said report shall be made by the person bitten or otherwise exposed, or, in the case of a minor, by his parent or guardian. The director shall ascertain that said individual is treated as the director, in his opinion and discretion, deems necessary for the protection of said individual, and the director shall order the quarantine and observation of the biting animal until it is established by the director that such animal does no t have symptoms of rabies. (Ord. 10728 § 1 (part), 1973; Ord. 7583 Part 2 § 218, 1959.)

11.04.210 Confinement of biting animals—Procedure generally.

The biting animal shall be quarantined, confined and observed for at least 14 days (dogs and cats, 10 days) after the day of infliction of the bite, with the exception that the following alternative to the 10 -day isolation of dogs and cats is permitted: dogs or cats which have been isolated in strict confinement, under proper care and under observation of a licensed veterinarian, in a pound, veterinary hospital or other adequate facility, in a manner approved by the director of public health, may be released from isolation by the director after five days of veterinary observation if, upon conducting a thorough physical examination on the fifth day or more after infliction of the bite, the observing veterinarian certifies that there are no clinical signs or s ymptoms of any disease.

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(Ord. 2006-0040 § 82, 2006; Ord. 10728 § 1 (part), 1973; Ord. 7583 Part 2 § 219, 1959.)

11.04.220 Confinement of biting animals—Alternate procedures.

A. The quarantine described in Section 11.04.210 may be made on the property of the person having charge, custody or control of such animal when adequate quarantine facilities are available; or, at the discretion of the director, such animal may be placed under quarantine and observation in any licensed boarding kennel.

B. Should the animal be relinquished by the owner to the director to be disposed of upon release from quarantine, the director may, at his discretion, impound such animal in an approved animal control facility. (Ord. 10728 § 1 (part), 1973; Ord. 7583 Part 2 § 220, 1959.)

11.04.225 Fee for confinement of biting animals.

A. Under the conditions described in subsection B of this section, the county shall recover a fee of $50.00 for the costs incurred by the department of public health in the confinement of a biting animal as described in Sections 11.04.200, 11.04.210 and 11.04.220. The county shall also recover any related costs, including care and feeding of the confined animal, and any reasonable costs that it may incur in connection with the collection of such fees.

B. The fee shall be assessed when:

1. The director of public health or his designee confines an animal described in Section 11.04.200 on the owner or custodian's premises and the victim of the bite is not the owner or custodian of the animal; and

2. The victim was not engaged in an illegal activity against the person or on the property of the owner or custodian.

C. Notwithstanding the above, the fee shall not be assessed when the animal is a police dog or guide dog as defined in California Health and Safety Code Sections 1919 and 1919.1.

D. The director or his designee may waive, in full or in part, the above fee, if necessary to accomplish the protection of animal or public health, safety or welfare. (Ord. 2006-0040 § 83, 2006; Ord. 93-0055 § 11, 1993.)

11.04.230 Owner of biting animal—Report required—Examination of confined animal.

Whenever the owner or person having charge, custody or control of any animal observes or learns that such animal has bitten or otherwise exposed a human being, such owner or person having charge, custody or control of such animal shall report the incident at once to the director and shall confine such animal in an enclosure, or shall securely hold and restrain said animal, by chain or other device, for examination and observation by the director.

No owner or person having charge, custody or control of such animal shall fail, refuse or neglect to allow the director to make an inspection or examination of such animal for the purpose of determining whether such animal has symptoms of rabies.
(Ord. 10728 § 3 (part), 1973; Ord. 7583 Part 2 § 221, 1959.)

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11.04.240 Owner of biting animal—Quarantine requirements—Examination of dead animal.

No owner or person having charge, custody or control of any animal biting or otherwise exposing a human being shall fail, refuse or neglect to confine in an enclosure, or securely hold and restrain such animal by chain or other device, upon the premises of the owner or person having charge, custody or control of such animal, for the period of quarantine as shown in Section 11.04.210. Should such animal die while under quarantine and observation, the owner or person having charge, custody or control of such animal shall surrender the carcass of such animal or such portion of the carcass as may be demanded by the director. (Ord. 10728 § 3 (part), 1973; Ord. 7583 Part 2 § 222, 1959.)

11.04.250 Destroying quarantined animal prohibited—Exception.

It is unlawful for any owner or person having charge, custody or control of any animal that has bitten or otherwise exposed a human being or is suspected of having rabies to destroy such animal, or have such animal destroyed, during the quarantine period, unless permission is granted by the director. (Ord. 10728 § 3 (part), 1973; Ord. 7583 Part 2 § 223, 1959.)

11.04.260 Suspected rabid animals—Owner report and confinement duty.

Whenever the owner or person having charge, custody or control of any animal learns or observes that such animal has shown symptoms of rabies or has acted in a manner which would give said person or owner reason to believe that said animal has rabies, it shall be unlawful for such owner or person having charge, custody or control of such animal to fail, refuse or neglect to notify the director at once and to confine such animal in an enclosure, or to securely hold and restrain such animal by chain or other device until it shall be established that such animal does not have symptoms of rabies, or to fail, refuse or neglect to allow the director to inspect or examine such animal for symptoms of rabies.
(Ord. 10728 § 3 (part), 1973; Ord. 7583 Part 2 § 224, 1959.)

11.04.270 Quarantine of animals coming in contact with rabid animals.

Animal contacts of a known rabid or suspected rabid animal shall be quarantined in a place and manner, and for a period of time, designated by the director.
(Ord. 10728 § 3 (part), 1973; Ord. 7583 Part 2 § 225, 1959.)

11.04.280 Vicious animals—Identification procedure—Confinement requirements.

A. It shall be the duty of the director, upon receipt of an affidavit from any person who has been bitten by an animal or from a person who has witnessed such an occurrence, to investigate and, upon reasonable indication of the animal's viciousness, to notify the owner or custodian of such animal, in writing, to keep such animal at all times confined strictly to the premises of said owner or custodian in such a manner that the animal may not do bodily harm to any person having legitimate reason to be upon t he premises of said owner or custodian.

B. Permanent Quarantine. After the receipt by the owner or custodian of such animal of the notice as provided in subsection A of this section, the owner or custodian shall at all times thereafter keep such animal, or cause such animal to be kept, on the property or premises where such owner or custodian resides, in the manner

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specified in subsection A above. Such animal shall not be moved from the place of quarantine or disposed of in any manner without the permission of the director, and in the event of the death of the animal, the carcass of the animal shall be surrendered by the owner or custodian to the director on demand, as proof of the death of the animal.
(Ord. 10728 § 2 (part), 1973; Ord. 7583 Part 2 § 226, 1959.)

11.04.290 Vicious animals—Appeal from quarantine requirement—Hearing procedures.

Any person whose animal has been declared vicious and placed on permanent quarantine may petition the director for a hearing. Such a petition shall be in writing, signed by the applicant, and shall set forth in detail the facts and reasons upon which his petition is based. If the director finds that the facts upon which he based his order of quarantine no longer exist, he shall rescind the quarantine. Otherwise, he shall set the matter for a public hearing not less than 60 days after the filing of the petition and, in writing, either by registered or certified mail, postage prepaid, or in the manner required for the service of summons in civil actions, not less than five days prior to the hearing, notify the applicant of the time and place thereof. The direc tor shall give the petitioner and all other persons who desire to be heard an opportunity to testify and to present any relevant facts. The director may place any witness under oath. The director, when he deems it necessary, may continue the hearing at any time and shall give notice thereof at the hearing or as required when the matter is first set for hearing. At the close of the hearing or within 10 days thereafter, from the evidence presented, the director shall determine the facts and shall take the action required thereby, continue the quarantine, set aside the quarantine, or such other action as is required by law under the facts. He may notify the petitioner at the close of the hearing as to his ruling if the petitioner is present, either in person or by counsel. Otherwise, he shall notify the petitioner of his action by a notice in writing served by first class mail, postage prepaid, or in the manner required for the service summons in a civil action.
(Ord. 10728 § 4, 1973; Ord. 7583 Part 2 § 227, 1959.)
Part 3 BATHHOUSES AND SIMILAR COMMERCIAL ESTABLISHMENTS

11.04.300 Findings.

Acquired Immune Deficiency Syndrome (AIDS) is a fatal disease of epidemic proportions in Los Angeles County.

Evidence exists that certain commercial establishments in the county allow, facilitate, and/or provide facilities for their patrons to engage in high risk sexual contact which poses a significant risk for the transmission of the human immunodeficiency virus (HIV), which has been associated with AIDS, and other sexually transmitted diseases. Such high risk sexual contact poses an unacceptable public health risk which must be eliminated. (Ord. 2004-0050 § 1, 2004; Ord. 88-0012U § 1 (part), 1988.)

11.04.310 Definitions.

The following terms as used in this Part 3 shall have the following meanings:

A. 1. "Commercial sex venue" means any establishment that charges patrons or members a fee for admission or membership and which as one of its primary purposes allows, facilitates, and/or provides facilities for its patrons or members to engage in any high risk sexual contact while on the premises.

2. Excluded from the definition of commercial sex venue shall be any hotel or motel, as defined in subsection C of this section.

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B. 1. "High risk sexual contact" means anal or vaginal intercourse, oral copulation, and any other behavior or activity identified by the county health officer pursuant to subsection B.2 of this section.

2. In recognition that medical information about AIDS and how it is transmitted continues to develop, the county health officer may amend the definition of high risk sexual contact when, in his opinion, such a change is supported by the then-available scientific information. Any such change shall be effective only after notice of such change is given to the board of supervisors and is published once a week for three weeks in a newspaper of general circulation in the county and is provided to each establishm ent which has been issued or applied for a permit pursuant to Section 11.04.320 herein.

C. "Hotel" or "motel" means a commercial establishment meeting all of the following requirements:

1. The establishment holds itself out as being primarily in the hotel or motel business;

2. The establishment is licensed by all applicable jurisdictions as a hotel or motel;

3. The establishment complies with any applicable occupancy tax ordinance;

4. The establishment complies with all applicable state, city and county statutes, ordinances and regulations controlling the operation of motels or hotels. (Ord. 2004-0050 § 2, 2004; Ord. 88-0012U § 1 (part), 1988.)

11.04.320 Public health facility permit.

A. It shall be unlawful for any person or entity to operate, conduct or carry on a commercial sex venue, unless the owner of the commercial sex venue first obtains, and continues to maintain in full force and effect, a public health facility permit. The owner of any commercial sex venue which was lawfully operating on the effective date of this section shall either cease operation or obtain a public health facility permit within six months of the effective date of this section.

B. Within 30 calendar days of the adoption of this section, the county health officer shall establish commercial sex venue regulations, which are intended to eliminate the unacceptable public health risk posed by the operation of commercial sex venues. A copy of these commercial sex venue regulations shall be made available to any member of the public at no charge, upon request. As determined necessary by the county health officer, he may, from time to time, amend the commercial sex venue regulations. A copy o f any amendments shall also be made available to any member of the public at no charge, upon request.

C. Upon review and verification by the county health officer that the owner has met the requirements enumerated in the commercial sex venue regulations, he shall issue a public health facility permit to the owner.

D. Any public health facility permit issued by the county health officer to the owner of a commercial sex venue is nontransferable. The public health facility permit shall be valid for a twelve -month period and only for the approved facility.
(Ord. 2004-0050 §§ 3, 4, 2004.)

11.04.330 Posting requirements.

A. The public health facility permit issued to the owner of any facility operating as a commercial sex venue must be posted and exhibited at all times in an area that is visible to the public and to patrons and members of the commercial sex venue.

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B. At all times, every commercial sex venue shall have posted so as to be clearly visible to patrons and members entering the establishment a legible sign, in lettering at least one inch in size, that provides the following information:

Any public health concerns regarding this establishment should be directed to the Los Angeles County Department of Health Services Office: (the program office address and telephone number to be provided by the county health officer).
(Ord. 2004-0050 §§ 5, 6, 2004.)

11.04.340 Permit—Reporting requirements.

Every owner of a commercial sex venue for which a public health facility permit has been issued by the county health officer under the provisions of this Part 3 shall report to him any changes in the status of the business or activities which is made reportable by commercial sex venue regulations, within 15 calendar days of the change. (Ord. 2004-0050 § 7, 2004.)

11.04.350 Permit—Suspension and revocation.

A. Any public health facility permit issued pursuant to this Part 3 may be suspended or revoked at any time by the county health officer for failure to comply with any provision of this Part 3 or any other violation of law or standard which creates a risk to the public health or safety, including, but not limited to, any violations of the commercial sex venue regulations, the Los Angeles County Code or the California Health and Safety Code, or any combination thereof, or for interference with the county hea lth officer's performance of his duty.

B. Whenever the county health officer finds that an owner is not in compliance with the requirements of this Part 3, or any law or standard affecting the public health or safety, including, but limited to, the commercial sex venue regulations, the Los Angeles County Code or the California Health and Safety Code, or any combination thereof, a written notice of noncompliance shall be issued to the owner. The notice of noncompliance shall include a statement of all deficiencies found, and shall specify the man datory corrective measures, including, if appropriate, preparation by the owner of a corrective action plan, which must be completed to address all deficiencies. The county health officer shall provide a date (hereinafter "compliance date") by which all the mandatory corrective measures must be completed. On the compliance date, the county health officer will assess if the mandatory corrective measures taken by the owner are sufficient to cause the county health officer to conclude that the deficiencies tha t were set out in the notice of noncompliance have been corrected or otherwise sufficiently addressed to ensure that they no longer present a risk to public heath or safety. The notice of noncompliance shall inform the owner that failure to sufficiently address the deficiencies may result in the imposition of any penalty provided for in this Part 3.

The notice of noncompliance shall also advise the owner of his right to an administrative review under the provisions of subsection E of this section.

C. Notwithstanding any other provision of this Part 3, if the county health officer finds that an owner is not in compliance with the requirements of this Part 3, or any law or standard affecting the public health or safety, including, but not limited to, the commercial sex venue regulations, the Los Angeles County Code or the California Health and Safety Code, or any combination thereof and this owner has demonstrated a pattern of violations such that, in the judgment of the county health officer additiona l time will not result in compliance, the county health officer may immediately suspend or revoke the owner's health facility permit.

In such case, the county health officer shall issue a written notice to the owner that shall specify the acts or omissions found to be violations of any applicable regulations or laws, and in the case of suspension, shall state the duration of the suspension and the corrective measures, if any, which the owner must implement

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as a condition of the reinstatement or reissuance of the permit, at end of the suspension period. The notice shall also advise the owner of his right to an administrative review under the provisions of subsection E of this section.

D. Notwithstanding any other provision of this Part 3, if any immediate danger to the public health or safety is found or is reasonably suspected, unless the condition is corrected forthwith, the county health officer may immediately suspend any public health facility permit issued pursuant to this Part 3, and/or initiate a criminal complaint, pending a determination of an administrative review as provided herein. Immediate danger to the public health or safety shall include any condition, based upon inspec tion findings or other evidence, that can cause, or is reasonably suspected of causing, infection or disease transmission, or any known or reasonably suspected hazardous condition. Whenever a public health facility permit issued pursuant to this Part 3 is immediately suspended as a result of an immediate danger to the public health or safety, the county health officer shall issue to the owner a written notice of noncompliance. The notice of noncompliance shall include a statement of all deficiencies found, and shall specify the mandatory corrective measures, including, if appropriate, preparation by the owner of a corrective action plan, which must be completed to address all deficiencies. The county health officer shall set a compliance date by which all th e mandatory corrective measures must be completed. On the compliance date, the county health officer will assess if the mandatory corrective measures taken by the owner are sufficient to cause the county health officer to conclude that the deficiencies that were set out in the notice of noncompliance have been corrected or otherwise sufficiently addressed to ensure that they no longer present a risk to the public health or safety. In this circumstance where a business is immediately closed because of an immediate danger to the public health or safety is found or reasonably suspected, the owner may request that the compliance date occur on a date earlier than that scheduled by the county health officer. If the owner requests this earlier date, the county heal th officer shall reschedule the compliance date to a time no later than the end of the third business day following the owner's request. The notice of noncompliance shall inform the owner that failure to sufficiently address the deficiencies may result in the imposition of any penalty provided for in this Part 3. The notice of noncompliance shall also advise the owner of his right to an administrative review under the provisions of subsection E of this section.

E. A request for an administrative review, as specified in subsections B and D of this section, must be made by the owner in writing within 15 calendar days of the compliance date set forth in the notice of noncompliance or any extension thereof which is later granted by the county health officer. A request for an administrative review, as specified in subsection C of this section, must be made by the owner in writing within 15 calendar days of the date the notice provided for in subsection C is issued by t he county health officer. Failure to request an administrative review within the prescribed time shall be deemed a waiver of the right to such review. The administrative review shall be held within 15 calendar days of the receipt of a written request for a review and shall be conducted by a designee of the county health officer who was not involved in issuing the notice of noncompliance (hereinafter "reviewer"). Upon written request of the owner, or on his own initiative, the reviewer may advance or postpone the scheduled administrative review date, if, in his opinion, good cause warrants such action. The reviewer shall issue to the owner a written notice of his decision within five working days of the completion of the administrative review. Upon completion of the administrative review, the reviewer may modify, suspend, revoke or continue all such actions previously imposed upon a public health facility permit issued pursuant to this Part 3. In the event of suspension or revocation of the public health facility permit, the notice of decision shall specify the acts or omissions found to be violations of any applicable regulations or laws and, in the case of suspension, shall state the duration of the suspension and the corrective measures, if any, which the owner must implement as a condition of the reinstatement or reissuance of the permit, at end of the suspension period.

F. In the event a public health facility permit is suspended or revoked, the owner of the commercial sex venue shall cease to operate said facility as a commercial sex venue, unless and until the public health facility permit is reinstated or reissued.
(Ord. 2004-0050 § 8, 2004.)

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11.04.360 Compliance with Part 3 provisions required.

A. The provisions of this Part 3 are in full force and effect in the county and in every municipal jurisdiction in the county adopting this Part 3.

B. Any person owning or operating any business or establishment regulated by this Part 3, must comply with the provisions of this Part 3.

C. Any person who owns or operates a commercial sex venue without a valid public health facility permit, or who, upon demand of the county health officer, refuses, or neglects to conform to a lawful order or directive issued by him pertaining to conduct regulated by this Part 3, is guilty of a misdemeanor, punishable by a fine of $1,000.00, imprisonment in the county jail for a period not exceed six months, or both. Each such act is punishable as a separate offense, and each subsequent day that an act conti nues constitutes a separate act punishable as separate offense.
(Ord. 2004-0050 § 9, 2004.)

11.04.370 Health officer—Right to enter and inspect.

The county health officer may enter and inspect any commercial sex venue, or enter and inspect any location suspected of being a commercial sex venue, for purposes of enforcing this Part 3. Such inspections may be conducted as often as necessary to ensure compliance with the provisions of this Part 3. (Ord. 2004-0050 § 10, 2004.)

11.04.380 Noncompliance with county health officer—Injunctive relief.

Any act or failure to act which is a violation of this Part 3 may be the subject of a civil action to enjoin the person so acting or failing to act to conform his or her conduct to the provisions of this Part 3. The filing and prosecution of such an action shall, in no way, limit the authority or ability of the county health officer to enforce the requirements of this Part 3 or impose penalties or take any other actions enumerated herein. (Ord. 2004-0050 § 11, 2004.)
Chapter 11.06 PERMITS AND SPECIAL SERVICE FEES

11.06.020 Fee schedule.

The director of public health shall from time to time review, adopt, amend, repeal and enforce rules and regulations for the protection of the public health, safety and general welfare. Such rules and regulations may include a schedule of fees to pay for cost of services provided pursuant to Title 8 and Title 20 of this code. (Ord. 2006-0040 § 84, 2006; Ord. 2005-0053 § 6, 2005; Ord. 11992 § 5 (part), 1979; Ord. 7583 Part 3 Ch. 10 § 751, 1959.)
Chapter 11.07 Public Events With Daily Attendance of Over 10,000 Participants

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11.07.010 Findings.

A. The Board of Supervisors finds as follows:

1. Large scale events can pose a variety of health and safety risks to the attendees of these events;

2. These events can drain critical resources such as law enforcement, fire, emergency medical response and emergency room services;

3. Threat assessments should be conducted in order to minimize these risks;

4. Where the threat assessment leads to a determination that there is a strong probability that loss of life or harm to attendees can occur, then an event action plan shall be required in order to minimize the strong probability of loss of life or harm through adequate health and safety planning to reduce the risk associated with the event; and

5. Annual fairs controlled by the Food and Agricultural Code and certain other large scale events held in venues such as theaters with assigned seats should be excluded from this process as they do not tend to pose the kinds of health and safety risks this ordinance is intended to address. (Ord. 2016-0015 § 1, 2016.)

11.07.020 Definitions.

A. "County property" includes real property owned, leased, subleased, or otherwise assigned by the County, or real property subject to the use and control of the County. It includes real property of the County in the possession of a public or private entity under contract with the County. By way of example, it includes all public buildings and the surrounding grounds owned or leased by the County in the unincorporated and incorporated portions of the County, such as the Los Angeles County Fairgrounds in the City of Pomona, the Whittier Narrows Recreation Area in South El Monte, and Grand Park in the City of Los Angeles.

B. "Assessment team" shall include a team comprised of one or more representatives appointed by their respective directors from the following Departments: Fire, Sheriff, Health Services Emergency Medical Services, and Public Health. Representatives from other County departments, offices or local jurisdictions may be added as the need arises or to assess a particular event.

C. "Event Action Plan" means a plan developed for an event that imposes measures intended to minimize any strong probability of loss of life or harm.

D. "Promoter" means the individual, association, corporation, partnership, or other organization that arranges, holds, organizes, or otherwise conducts the event. In no circumstance shall the County be considered a promoter.
(Ord. 2016-0015 § 1, 2016.)

11.07.030 Public Events—Threat Assessment.

A. A threat assessment shall be conducted by the assessment team for any event (or a scheduled series of similar events) held on County property or in the unincorporated area of the County with an expected daily attendance level of over 10,000 participants. This threat assessment shall be initiated by written request of the promoter no later than 120 days prior to the scheduled date of the proposed event, unless another time frame is agreed to by the assessment team, and shall be completed by the assessment team no later than 10 business days after submission of the promoter's written request, unless the assessment team requires additional time to assess the event. The purpose of the threat assessment is to assess the threat of a strong

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probability of loss of life or harm to participants that the event may pose. The assessment shall include, but not be limited to, the following topics:

1. Prior events held by the promoter;

2. Prior events held at the facility;

3. Similar types of events in general;

4. The anticipated size of the event;

5. The potential need for law enforcement;

6. The potential need for onsite medical care;

7. The potential for drug use and distribution;

8. The potential need for restrictions as to age of attendees, alcohol use, hours of the event, capping attendance, etc.; and

9. The potential to drain critical resources such as law enforcement, fire, emergency medical response, and emergency room services in the region.

B. If the assessment team determines that, based on the facts presented to it in the assessment, there is a strong probability that loss of life or harm to the participants could occur, then the assessment team shall require the promoter to participate in the preparation of an event action plan, which shall be submitted at least 60 days prior to the scheduled date of the event unless a different time period is agreed to by the assessment team. The assessment team shall either approve, conditionally approve, disapprove, or request revisions to the event action plan within 15 days of the date it is submitted by the promoter. The promoter shall not hold the event until the assessment team approves the final event action plan. The event action plan shall address all of the following:

1. Health and safety concerns, including, but not limited to, attendance capacity, fire safety protections, alcohol sales, signage, adequacy of ventilation, and emergency ingress and egress, of the event space, and whether the promoter should: (a) provide free water and other cooling amenities, such as shade structures, air conditioning, and misters; (b) prohibit any person under 18 or 21 years of age from attending the event; (c) prohibit alcohol sales; (d) limit the size of the event; and (e) prepare and implement a medical action plan that provides for onsite medical care, availability of private medical transport, and/or coordination with area hospitals, trauma centers, and emergency medical services providers.

2. Law enforcement concerns, including, but not limited to, requiring a reasonable or enhanced ratio of peace officers or security guards to event attendees, and mechanisms for crowd control which could include limiting attendance, crime prevention, and the prevention of drug use and drug trafficking through the use of measures such as, amnesty boxes, searches and the use of drug sniffing dogs.

3. The potential need for supplying educational pamphlets, or other relevant emergency materials, including, but not limited to, first aid, to help alleviate any risk posed by the event.

C. The promoter shall permit representatives of the assessment team to attend event setup and the event itself to observe compliance with the event action plan.

D. The promoter shall participate with the assessment team in an after action review of the event upon request of the assessment team to assess compliance with, and the effectiveness of, the event action plan. The after action review shall be held within 14 days of the event unless otherwise approved by the assessment team.

E. The assessment team shall develop a summary assessment process for recurring events at the same property where it had previously determined that the recurring events do not present a strong probability that loss of

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life or harm to participants could occur, and may assess multiple similar events together if requested to do so by the promoter.

F. Notwithstanding subsections A and B, inclusive, if the event is a performance that by its nature places the performers at risk, then the event action plan is not required to address that risk.

G. The County may seek reimbursement from the promoter for the reasonable costs to the County to prepare the threat assessment pursuant to subsection A, review the event action plan pursuant to subsection B, and conduct the after action review pursuant to subsection D. (Ord. 2016-0015 § 1, 2016.)

11.07.040 Exemptions.

This Chapter shall not apply to the following types of events:

A. An event that is an annual fair within the network of California fairs, as described in Division 3 (commencing with section 3001) of the Food and Agricultural Code, if the primary purpose of the event is to exhibit or promote the state's agriculture, livestock, or industrial or natural resources through exhibits, vendors, or other educational programming.

B. An event that is held solely within a theater, grandstand, amphitheater, performing arts center or similar facility with a permanent stage or performance space and permanent seating where the majority of attendees are assigned specific seats to observe the performance, regardless of the level of attendance. (Ord. 2016-0015 § 1, 2016.)

11.07.050 Severability.

If any provision or clause of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect any other provision or application of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.
(Ord. 2016-0015 § 1, 2016.)
Chapter 11.08 CHILDREN'S CAMPS1
Part 1 TITLE, PURPOSE AND DEFINITIONS

11.08.005 Title.

The ordinance codified in this chapter shall be known as the "Elena Matyas Children's Camp Safety Ordinance." (Ord. 2022-0031 § 14, 2022.)

1For statutory provisions on organized camps, see Health and Saf. Code § 18897 et seq.

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11.08.010 Purpose.

The purpose of this chapter is to prescribe minimum requirements for the protection of the health and safety of all campers participating in a children's camp.
(Ord. 2022-0031 § 15, 2022; Ord. 7583 Part 3 Ch. 9 § 700, 1959.)

11.08.020 Camper.
"Camper" means any person age three (3) to seventeen (17) who is a participant in a children's camp. (Ord. 2022-0031 § 16, 2022; Ord. 7583 Part 3 Ch. 9 § 701, 1959.)

11.08.025 Camp Operator.
"Camp operator" means an individual, partnership, joint venture, or organization that owns, leases, rents, or operates a children's camp, and/or an individual partnership, joint venture, or organization that has care, charge, or control of a children's camp.
(Ord. 2022-0031 § 17, 2022.)

11.08.030 Children's Camp.

Children's camp" has the same meaning as defined in Section 8.04.080. (Ord. 2022-0031 § 18, 2022; Ord. 2007-0089 § 4, 2007; Ord. 8588 § 1 (part), 1964; Ord. 7583 Part 3 Ch. 9 § 709, 1959.)

11.08.035 Children's Day Camp.
"Children's day camp" has the same meaning as defined in Section 8.04.081. (Ord. 2022-0031 § 19, 2022.)

11.08.040 Children's Overnight Camp.
"Children's overnight camp" has the same meaning as defined in Section 8.04.082. (Ord. 2022-0031 § 20, 2022; Ord. 7583 Part 3 Ch. 9 § 708, 1959.)

11.08.045 Counselor.
"Counselor" means a staff member who supervises campers and/or operates activities involving campers at a camp, is at least sixteen (16) years old, except as otherwise required in this chapter, and is at least two (2) years older than any campers that the counselor is supervising. (Ord. 2022-0031 § 21, 2022.)

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11.08.050 Department.
"Department" means the Los Angeles County Department of Public Health. (Ord. 2022-0031 § 22, 2022; Ord. 7583 Part 3 Ch. 9 § 702, 1959.)

11.08.055 Director.
"Director" means an individual who is at least 25 years of age, has had at least two (2) seasons of administrative or supervisory experience in camp activities and has primary responsibility for camp operations. (Ord. 2022-0031 § 23, 2022.)

11.08.060 Organized Camp.
"Organized camp" has the same meaning as defined in Section 8.04.338.5. (Ord. 2022-0031 § 24, 2022; Ord. 7583 Part 3 Ch. 9 § 703, 1959.)

11.08.070 Passive Activity.
"Passive activity" means an activity that takes place for a limited time in a defined area, where campers are spectators, or have limited mobility. Such activities may include, but are not limited to, storytelling, coloring, viewing movies or drama, singing, playing board games, computer use, and classroom instruction. (Ord. 2022-0031 § 25, 2022; Ord. 7583 Part 3 Ch. 9 § 704, 1959.)

11.08.075 Season.
"Season" means a consecutive 90-day period.
(Ord. 2022-0031 § 26, 2022.)

11.08.080 Specialized Recreational Activity.

A. "Specialized recreational activity" means an activity that may expose a camper to a risk of serious injury because of the inherent danger of the activity. Such activities include, but are not limited to, ziplining, diving, boating, horseback riding, rock climbing, shooting sports, high rope courses, operating all-terrain vehicles (ATVs), canoeing, aquatic activities (e.g., any camper activities in a pool or other body of water), and other activities determined by the Department based on characteristics s uch as height, speed, water depth, physical contact with another participant or object, and/or use of equipment associated with the activity.

Other considerations for determining whether an activity is a specialized recreational activity include, but are not limited to, the following:

1. Staff that have specialized training and experience concerning equipment, procedures, and safety considerations.

2. Specific safety precautions and requirements for a high level of adult supervision at all times.

3. May require inspection and/or certification by an accredited organization for that activity.

B. Specialized recreational activities do not include sports played on courts or fields.

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(Ord. 2022-0031 § 27, 2022; Ord. 7583 Part 3 Ch. 9 § 706, 1959.) Part 2 GENERAL REQUIREMENTS

11.08.200 Compliance Required.

Unless otherwise specified in this division, camps which provide four (4) or more consecutive overnight stays shall comply with the requirements of Division 13, Part 2.4, of the California Health and Safety Code and Title 17, Division 1, Chapter 5, Subchapter 6. Organized Camps, of the California Code of Regulations (CCR). (Ord. 2022-0031 § 30, 2022.)

11.08.205 Establishment—Plans and Specifications Required.

A person intending to establish a new children's camp or organized camp shall submit, in duplicate, complete plans of the proposed camp, including a plot plan drawn to scale, to the Department for approval, prior to construction of new buildings or conversion of existing buildings.
(Ord. 2022-0031 § 30, 2022.)

11.08.210 Registration or Permit to Operate.

A. All children's camps operating for four (4) weeks or less in any 12 -month period are required to register with the Department before beginning camp operations. All children's camps operating for more than four (4) weeks in any 12-month period are required to obtain a public health permit before beginning camp operations.

B. Every person desiring to register or obtain a public health permit to operate a children's camp shall file an application at least 60 days prior to the anticipated operation of the children's camp. The application shall include the information specified in Section 11.08.220.

C. Upon receipt of an application for registration or a public health permit and required fee, the Department shall review the application. The Department shall not review any application if incomplete, or if the required fee is not paid.

D. Upon completion of the initial application review, the children's camp shall be subject to a site evaluation to be completed by the Department within 30 days prior to the anticipated operation of the children's camp to ensure minimum compliance with this chapter.

E. Upon verification by the Department that all minimum requirements have been met, registration or a public health permit shall be issued.

F. A camp operator is required to notify the Department at least fourteen (14) calendar days before a change is made to any of the following:

1. Continuing or discontinuing onsite food service.

2. Any changes to the children's camp name, location and mailing address.

3. Any major expansion of physical facilities.
(Ord. 2022-0031 § 30, 2022.)

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11.08.215 Notice of Intent to Operate.

At least 30 days prior to operation of a children's camp in any calendar year, written notice shall be sent by the camp operator to the Department, setting forth the name, location, phone number, mailing, and email address of the person or agency that owns the camp site, and/or the name, phone number, and email address of the person or agency proposing to operate the camp and the proposed dates of operation during that calendar year.

Children's camps which operate year-round shall provide only an initial notice of operation. (Ord. 2022-0031 § 30, 2022.)

11.08.220 Written Operating Procedures and Plans.

A. The camp operator must develop and submit to the Department with the initial application for registration or public health permit a written description of operating procedures that describe the program of organized and supervised activities of the children's camp in the following areas:

1. Supervisor qualifications and training;

2. Staff skill verification criteria and process;

3. Camper eligibility requirements, if any;

4. Counselor-to-camper supervision ratios as required in Section 11.08.240, including for any passive or specialized recreational activities when offered;

5. Safety procedures, including the storage and handling of hazardous materials;

6. Identification of potential environmental hazards;

7. Equipment repair and maintenance; and

8. Equipment access and control.

B. The following written plans must be submitted with the initial application for registration or a public health permit:

1. Camper health plan as outlined in Section 11.08.245;

2. Emergency plan as outlined in Section 11.08.260;

3. Specialized recreational activities plan as outlined in Section 11.08.265, if applicable;

4. Transportation plan as outlined in Section 11.08.270;

5. A plan for swimming or boating in any lake, stream, river or the ocean as outlined in Section 11.08.320, if applicable; and

6. Insect and rodent plan as outlined in Section 11.08.490.

C. A children's camp shall maintain a copy of the written operating procedures and written plans required in this section on file on the camp premises and make plans available for inspection by any camper, camper's parent or guardian, or their agent.

D. If a change is made to written procedures or written plans that are required in this chapter, the camp operator must submit updated procedures or plans within fourteen (14) days of the proposed change along with applicable fee to the Department.

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E. If a children's day camp elects to change operations to include one or more specialized recreational activities, or overnight stays, a new registration or public health permit application must be submitted and approved prior to the implementation of any changes, as specified in this chapter. (Ord. 2022-0031 § 30, 2022.)

11.08.225 Director Required.

All children's camps must have a director, as defined in Section 11.08.055, who is at least twenty -five (25) years old, present at the camp when campers are present. The director may designate a counselor who is at least twenty-one (21) years old and has at least two (2) years of experience as a counselor as acting director while the director is offsite. The acting director may only serve in that capacity for twenty -five percent (25%) of the daily duration of camp operations or during passive activities. (Ord. 2022-0031 § 30, 2022.)

11.08.230 Background Checks Requirement.

A. In addition to the requirements of CCR Title 17, section 30751(a), all individuals over the age of eighteen (18) who work or volunteer at a children's camp must obtain both a satisfactory criminal history record check from the California Department of Justice, Bureau of Criminal Identification, and the U.S. Department of Justice National Sex Offender Public Registry, and must follow mandated reporter requirements.

B. The director of a children's camp must provide a written statement verifying the director's review for each individual as set forth in subsection A above, and documentation of the criminal history record check of the director.
(Ord. 2022-0031 § 30, 2022.)

11.08.235 First Aid Instruction Requirement.

All counselors, qualified persons as defined in Section 11.08.250, and the director must provide and maintain satisfactory evidence that they are trained in the principles of first aid and cardiopulmonary resuscitation (CPR), with such evidence of the counselors' or qualified persons' training verified by the director. (Ord. 2022-0031 § 30, 2022.)

11.08.240 Counselor Ratios and Minimum Age Requirements.

A. All children's camps shall have a sufficient number of counselors to supervise and ensure the safety of campers.

B. Except as set forth in subsection C and D below, when campers are present, there shall be the following:

1. At least one (1) counselor for every twelve (12) campers ages three (3) to five (5) years old.

2. At least one (1) counselor for every fifteen (15) campers ages six (6) and above.

C. When campers ages six (6) and above are present during passive activities as defined in Section 11.08.080, there shall be at least one (1) counselor for every 25 campers. Supervision ratios as set forth in subsection B above must be reinstated at the conclusion of the passive activity.

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D. When campers ages three (3) to five (5) years old are present during specialized recreational activities as defined in Section 11.08.060, they must be supervised by counselors who are age eighteen (18) or older, and there shall be at least one (1) counselor for every six (6) campers. When campers above age six (6) are present during specialized recreational activities, they must be supervised by at least one (1) counselor for every eight (8) campers. Supervision ratios as set forth in subsection B above may be reinstated at the conclusion of the specialized recreational activity.

E. The minimum number of counselors as set forth in this section must be maintained for offsite trips, except that no fewer than two (2) counselors must be present during any offsite trip.

F. When campers are present at, near or in a pool, lake, stream, river, or ocean, counselors shall be poolside, beachfront or in the water and provide direct visual surveillance of campers at all times.

G. All staff and counselors shall receive training on minimizing the potential of one (1) counselor being present and alone with one (1) camper and not visible to other counselors and campers. (Ord. 2022-0031 § 30, 2022.)

11.08.245 Camper Health Plan.

A. A children's camp shall establish and retain onsite a written site-specific camper health plan that is appropriate to the population serviced and the environment of the camp location or site.

B. The camper health plan shall be developed in consultation with, and reviewed annually by, a licensed physician.

C. The camper health plan shall cover all of the following subjects:

1. Procedures for camper health screening;

2. Arrangements for on-call health care consultation services;

3. Arrangements for emergency health care services and emergency transportation to a health care facility;

4. First aid and health care supplies;

5. The storage and administration of camper prescription and non -prescription drugs and medications;

6. Medical procedures for camper trips away from the camp location or site;

7. Procedures for daily observation of each camper's physical health;

8. Procedures for prompt response and notification of the camper's designated emergency contact;

9. Procedures for camper medical privacy. The place of medical examination or isolation shall ensure privacy and not be located in, or directly adjacent to, a food storage, preparation, or serving area; and

10. Procedures for preventing disease transmission/universal precautions.

D. The camp operator or director must report any of the following within 24 hours to the Department:

1. Any occurrence of foodborne illness, suspected foodborne illness, or any other reportable disease in CCR Title 17, section 2500 (j); and

2. Any death, or any accident or illness of campers or staff members that results in an overnight stay in a hospital or clinic.

E. All camp staff and counselors shall receive training on the camper health plan.

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Created: 2025-04-18 14:22:13 [EST]
(Supp. No. 141)

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F. The local health officer, when necessary for the protection of the health of campers and staff members, may require special inoculations and testing for each camper and staff member entering camp and may require proof of such compliance.
(Ord. 2022-0031 § 30, 2022.)

11.08.250 Health Supervision.

A. A children's day camp shall have a qualified person on duty and present at the camp location or site when campers are present. The qualified person is charged with ensuring compliance with the camper health plan except as provided in section B. A "qualified person" is either the director or designee who otherwise meets the definition of director as defined in Section 11.08.055, is in compliance with first aid and CPR training requirements of Section 11.08.235, and is trained to implement the camper healt h plan.

B. A children's overnight camp, or a children's day camp that is located in a rural or wilderness area, as defined in Section 7.16.050.B.1, shall ensure that a full-time adult health supervisor, as defined in CCR Title 17, section 30700, charged with health supervision be present when campers are present. (Ord. 2022-0031 § 30, 2022.)

11.08.255 Camper Health Screening.

A. Every camper and staff member attending a children's camp shall furnish a health status and history that is completed and signed by the individual camper or staff member, or by the parent or guardian if the camper or staff member is under the age of eighteen (18). This health status and history shall be kept onsite as long as the camper or staff member is at camp and shall include the following:

1. A description of any health condition requiring medication, treatment, special restriction, or consideration while at camp;

2. A record of immunizations including date of the last tetanus shot; and

3. A record of any allergies.

B. A signed statement by a parent or guardian to seek emergency medical treatment shall be provided for each camper and staff member under eighteen (18) years of age.

C. A medical logbook shall be maintained by the camp operator or director which includes at least the following information for each accident, injury, or illness involving a camper or staff member:

1. Name of the person treated;

2. Dosage and intervals of any medication dispensed;

3. First aid or medical treatment rendered;

4. Name of the person administering the first aid or medical treatment;

5. Date and time of treatment; and

6. Date parent/guardian notified of accident, illness, or injury.

D. Camp staff and counselors shall receive training on the camper health plan. (Ord. 2022-0031 § 30, 2022.)

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Monterey Park City CouncilJuly 2, 2025

Monterey Park City Council
July 2, 2025