systems including, without limitation, traffic circulation, storm drainage, flood control, electric service, sewer collection, sewer treatment, sanitation service and, except for reasons beyond City's control, water supply, treatment, distribution and service, to accommodate the Project. To the extent that City renders such services or provides such utilities, City agrees that it will serve the Project and that there will be no restriction on hookups or service for the Project except for reasons beyond City's control.
4.16 lnfrastructure Phasinq Flexibilitv. Notwithstanding the provisions of any phasing requirements in the Development Approvals, Developer and City recognize that economic and market conditions may necessitate changing the order in which the infrastructure is constructed. Therefore, City and Developer agree that should it become necessary or desirable to develop any portion of the Project's infrastructure in an order that differs from the order set forth in the Development Approvals, Developer and City will collaborate and City will permit any reasonable modification requested by Developer so long as the modification continues to ensure adequate infrastructure is available to serve that portion of the Project being developed.
4.17 Development Aqreement: Existinq Rules: Development Approvals. ln the event of any inconsistency between any Existing Rule, Development Approval or Future Development Approval and this Agreement, the provisions of this Agreement control.
4.18 Desiqn/Development Standards. Notwithstanding the provisions of the Existing Rules, the following designidevelopment standards apply to the Project:
(a) Easements dedicated for pedestrian use are permitted to include easements for underground drainage, water, sewer, gas, electricity, telephone, cable and other utilities and facilities so long as they do not unreasonably interfere with pedestrian use-
(b) The elevations and design standards of the units (the "Residential Design Standards") are'reflected in attached Exhibit "C," which is incorporated by reference. The Residential Design Standards for all residential units within the Project are substantially in conformance with the Residential Design Standards set forth in Exhibit "C."
(c) Developer is authorized to apply for and receive grading permits and permits to construct infrastructure improvements before approval of a final map. (d) The Developer is not required to provide additional common area open space including, without limitation, any park areas, in excess of what is shown on the Development Plan.
4.19 Mqdel Homes. Before a final map is recorded, City agrees to issue building permits and occupancy certificates for the construction of model homes (and related model home complex structures) that will be used by Developer for the purpose of promoting sales of single-family residential units within the Project; provided, however, in no event is City required to issue more than five building permits for the construction of SMRH:4852-7639-0562. 1 6 -11-
model homes, and in no event is Developer permitted to sell or transfer any model home until a final map is recorded on that portion of the Project Site where the model home is located.
4.20 Reimbursement. Nothing in this Agreement precludes City and Developer from entering into any reimbursement agreements for the portion (if any) of the cost of any dedications, public facilities andior infrastructure that City may require as conditions of the Development Approvals or the Future Development Approvals, to the extent that they are in excess of those reasonably necessary to mitigate the impacts of the Project.
4.21 Public Financino of lmprovements. Developer may, from time to time, request City to establish one or more assessment and/or community facilities districts to finance infrastructure, public facilities and/or fees ("Financing Mechanism") that may be required in connection with the development of the Project. City agrees to use its best efforts to implement such requests subject to applicable state and federal law and to the Existing Rules.
4.22 Development lmpact Fee Proqram. Developer will make public infrastructure improvements ("lmprovements")that will serve the public interest as part of the Project including without limitation: the modification of power utility services (which may include undergrounding, relocation, raising, or other modifications), removal of an unsighfly and ineffective retaining wall and other measures on an adjacent property that no longer supports the stabilization of the hillside and the reclamation of the sidewalk that extends along the Garvey Avenue at the Project's frontage. Developer and City have agreed that the costs to design and construct the lmprovements will be eligible for a Dbvelopment lmpact Fee Program that will provide a credit to the Developer against certain Development lmpact Fees in exchange for the Developer construction and dedication of the lmprovements. lf appropriate, the parties may enter into a separate DIF Credit Agreement that will be executed as a separate instrument and does not constitute an amendment to this Agreement.
SECTION 5. PERIODIC REVIEW
City will conduct a review of this Agreement as set forth in the following subsections.
5.01 Annual Review. City must review the extent of good faith compliance by Developer with the terms of this Agreement at least once every 12-month period from the Effective Date of this Agreement.
5.02 Procedure. Such annual review must be conducted in accordance with the MPMC.
5.03 Notice. City must notify Developer in writing of the date of review at least 30 days prior thereto.
5.04 Good-fa ith Comoliance. Duri ng each annual review, Developer is required to demonstrate good faith compliance with the terms of this Agreement. Developer agrees SMRH:4852-7639-0562.1 6 -12-
to furnish reasonable evidence of good faith compliance as City, in the exercise of its reasonable discretion, may require. lf requested by Developer, City agrees to provide to Developer, a certificate that Developer, or a duly authorized assignee, transferee or successor in interest, is in compliance with the terms of this Agreement, provided Developer reimburses City for all reasonable and direct costs and fees incurred by City with respect thereto.
5.05 Production of Documents and Other Evidence. Developer agrees to furnish such reasonable evidence and adequate documentation of good faith compliance as City, in the exercise of its reasonable discretion, may require.
5.06 Cost of Annual Review. The costs incurred by City in connection with the annual review must be borne by Developer.
5.07 Failure to Conduct Annual Review. City's failure to perform an annual review pursuant to the terms of this Section 5 does not constitute a Developer default.
SECTION 6. OBLIGATIONS OF AND CONTRIBUTIONS BY DEVELOPER.
6.01 Contributions. ln consideration of City entering into this Agreement, Developer has agreed to comply with the applicabld provisions of the Development Approvals the Existing Rules in developing the Project and to perform certain obligations and provide certain contributions set forth therein, which City acknowledges will have an overall benefit to the public and surrounding area, including without limitation: the reclamation of the sidewalk adjacent the exterior perimeter of the Project Site along Garvey Avenue.
6.O2 MitiqatiotlMeasures. Developer must comply with the Mitigation Measure and Reporting Plan ("MMRP") adopted via Resolution No. XXXX on XXXX, 2021 is incorporated by reference into.this Agreement as if fully set forth. Failure to comply with the MMRP constitutes a material breach of this Agreement.
6.03 Green Construction. Developer agrees to analyze the feasibility of incorporating green construction practices, materials and features that are environmentally sustainable into the Project.
6.04 Nexus/Reasonable nshin Challenaes- Developer consents to, and waives any rights it may have now or in the future to challenge the legal validity of, the conditions, requirements, policies or programs required by the Existing Rules or this Agreement including, without limitation, any claim that they constitute an abuse of the police power, violate substantive due process, deny equal protection of the laws, effect a taking of property without payment of just compensation, or impose an unlawful tax.
6.05 Cooperation Bv Developer. Developer will, in a timely manner, provide City with all documents, applications, plans and other information necessary for City to carry out its obligations hereunder, and cause Developer's planners, engineers, and all SMRH:4852-7639-0562. 1 6 -1 3-
other consultants to submit in a timely manner all required materials and documents therefore.
6.06 Other Govern ntal Permits- Developer must apply in a timely manner for such other permits and approvals from other governmental or quasi-governmental agencies having jurisdiction over the Project Site as may be required for the development of, or provision of seruices to, the Project.
6.07 Reimbursement for Citv's Efforts on Behalf of Developer. To the extent that City, on behalf of (and requested by) Developer, attempts to enter into binding agreements with other entities in order to assure the availability of certain permits and approvals or services necessary for development of the Project as described in this Agreement, Developer must reimburse City for all costs and expenses incurred in connection with seeking and entering into any such agreement. Any fees, assessments or other amounts payable by City pursuant to any such agreement described herein must be borne by Developer except where Developer has notified City in writing, before City entering into such agreement, that it does not desire for City to execute such agreement.
6.08 Citv's Efforts to Defend and/or nforce Multi-Aoencv Aqreements.
Developer must defend City in any challenge by any person to any agreement identified in Section 6.07, and must reimburse City for any costs and expenses incurred by City in enforcing any such agreement.
6.09 Water Meter lnstallation Fees. ln order to provide firefighting capacity within each dwelling unit, Developer agrees to install fire sprinklers in all dwelling units, in accordance with the MPMC and City's'Fire Department Regulations, and 1-inch water meters.
SECTION 7. OBLIGATIONS OF GITY.
ln consideration of Developer entering into this Agreement, City has agreed to the following with respect to the development of the Project Site:
7.01 Processing. City recognizes that expeditious processing of ministerial permits and approvals and discretionary actions, if any, and any other approvals or actions required for the Project can be helpful to the Project. ln recognition of this value, City agrees to reasonably cooperate with Developer to establish time frames for processing and reviewing such ministerial permits and approvals and discretionary actions and to comply with any timeframes established in the Development Approvals.
Upon satisfactory completion by Developer of all required preliminary actions and payments of appropriate processing fees, if any, City must promptly commence and diligently proceed to complete all required steps necessary for the implementation of this Agreement and the development by Developer of the Project Site in accordance with the other Development Approvals including, without limitation, the following:
(a) the holding of all required public hearings; and
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(b) the processing and approval of all Ministerial Approvals and related matters as necessary for the completion of the development of the Project. ln this regard, Developer will, in a timely manner, provide City with all documents, applications, plans and other information necessary for City to carry out its obligations hereunder as required by the Existing Rules and must cause Developer's planners, engineers and all other consultants to submit in a timely manner all required materials and documents therefore as required by the Existing Rules.
7.02 Standard of Review. The rules, regulations and policies that apply to any Ministerial Approvals which must be secured before the construction of any pottion of the Project must be the Existing Rules. Any Ministerial Approval, including without limitation a building permit, must be approved by City within a reasonable period of time after application is made therefor.
7.03 Contract Services. lf requested by Developer, at Developer's expense, City must obtain outside contractual services as necessary to ensure prompt processing of all Development Approvals.
SECTION 8. AMENDMENTS.
8.01 Amendment bv Mutual Consent. This Agreement may be amended from time to time by mutual written consent of the original parties or their successors in interest, with City's costs payable by amendment applicants, in accordance with the provisions of Government Code SS 65867 and 65868 and provided that: (i) any amendment to this Agreement which does not relate to the term, permitted uses, density or intensity of use, height or size of buildings, provisions for reservation and dedication of land, conditions, terms, restrictions and requirements relating to subsequent discretionary actions, monetary contributions by Developer or any conditions or covenants relating to the use of the Project Site, does not require notice or public hearing before the parties may execute an amendment hereto; and (ii) any other amendment of this Agreement will follow the MPMC
8.02 Amendment Exemptions. lt is contemplated by City and Developer that Developer may, from time to time, seek amendments to one or more of the Development Approvals and Fuiure Development Approvals. Any such amendments are contemplated by City and Developer as being within the scope of this Agreement as long as they are consistent with the Existing Rules and will, upon approval by City, continue to constitute the Development Approvals as referenced herein. The parties agree that any such amendments do not constitute an amendment to this Agreement nor require an amendment to this Agreement.
8.03 Amendment of Development Permits. Upon the written request of Developer, any Development Approval, including the Vesting Map and the Specific Plan may from time to time be amended or modified in the manner set forth in this Agreement, the Existing Rules and applicable State laws.
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8.04 Operatinq Memoranda. The provisions of this Agreement require a close degree of cooperation between City and Developer and the refinements and further development of the Project may demonstrate that clarifications are appropriate with respect to the details of performance of City and Developer. lf and when, from time to time, during the term of this Agreement, City and Developer agree that such clarifications are necessary or appropriate, they may effectuate such clarifications through operating memoranda approved by City and Developer, which, after execution, will be attached to this Agreement. No such operating memoranda constitute an amendment to this Agreement requiring public notice or hearing. The City Attorney is authorized to make the determination whether a requested clarification may be effectuated pursuant to this Section or whether the requested clarification is of such a character to constitute an amendment to this Agreement pursuant to Section 8.01 above. The City Manager is authorized to execute any operating memoranda without City Council or Planning Commission action.
SECTION 9. TRANSFERS AND ASSIGNMENTS.
9.01 Citv's lntent. Developer has demonstrated, and City finds that Developer possesses, the experience, reputation and financial resources to develop and maintain the Project Site in the manner contemplated by this Agreement. lt is because of such qualificitions, which assure the development of the Project Site to a high quality standard contemplated by the General Plan that City is entering into this Agreement. Accordingly, restrictions on the right of Developer to assign or transfer the rights and privileges contained in this Agreement in whole or in part are necessary in order to assure the achievement of the objectives of the General Plan and this Agreement.
9.02 Developer's Right to Assiqn or Transfer. Subject to the provisions of this Section S.OZ anO tne provisions of Section 9.08 below, Developer may assign or transfer any of its rights or interests under this Agreement subject to consent of City, which consent will not be unreasonably withheld, delayed or denied.
9.03 Restriction on Assiqnment Does Not Constitute an Unreasg,nable Restraint on Alienation. Developer agrees that the restriction on its right to transfer any @nderthisAgreementisnotrepugnantorunreasonableinthat
such a iestriction is a material inducement to City to enter into this Agreement since the restriction reserves for City the power to prevent the transfer of any of the rights and obligations hereunder to an unreliable developer.
9.04 Restriction on Assionment Does Not Prevent Developer FIom Convevinq the Proiect Site. The parties agree that the restriction on assignment without @othosecertainvestedrightscreatedunderthisAgreementand
such restriction does not affect Developer's right to convey the Project Site itself.
9.05 Request Procedure. City must admlnister the provisions of this Section through its Director. Deveioper must notify the Director and the City Manager in writing of its request for City's consent to an assignment or transfer (if reouired) under this Section, SMRH:4852-7639-0562. 1 6 -1 6-
together with a statement that if the Director does not notify Developer within thirty (30) days of receipt of the request, the request is deemed approved.
9.06 30-Dav Period. lf, within such 30-day period the Director does not so notify Developer, the request for consent is automatically deerned approved and no further action by Developer or City is necessary. Developer agrees to provide additional information as the Director may reasonably request within such 30-day period-
9.07 Assiqnment. Subject to the provisions of Section 9.02 above and the provisions of Section 0.Og Uetow, the management control and responsibility of Developer and the expertise, competence, and financial strength of Developer are integral components of the consideration for City entering into this Agreement. ln order to preserve such consideration for City and for City to receive full value, the parties hereto agree that the occurrence of any of the following events constitute, for purposes of this provision, an assignment:
(a) A change in the composition of ownership interests in and control of Developer, the result of which diminishes Developer's ownership interest to less than twenty percent (20%).
(b) A change in the composition of ownership interests in and control of the Project Site such that Developer's equity in the Project Site is reduced to less than fifty-one percent (51%).
9.08 Minor Assiqnments. Th", following transfers are considered minor assignments which are not subject to this'Section:
(a) The granting of easements to any appropriate governmental entity or utility to facilitate the development of the Project;
(b) A sale of a completed residential unit to an individual purchaser; and (c) A transfer to a "Developer Affiliate." The term "Developer Affiliate" means any of the following:
(i) Any corporation in which Developer owns or controls, directly or indirectly, fifty-one percent (51%) or more of the common stock (a "Developer Controlled Corporation"); and
(ii) Any general or limited partnership, or limited liability company or partnership in which Developer or a Developer Controlled Corporation is the managing general partner or member or, if not the managing general partner or member, a partner or member having fifty-one percent (51o/") or more ownership interest.
9.09 Notice of Propose_d Assignment. lf City's consent to a transfer is required under this Section, Developer must provide City with adequate evidence that the proposed assignee, buyer or transferee is qualified using the standards and conditions SMRH:4852-7639-0562. 1 6 -17-
described in this Section, and ability to comply with these standards and conditions will be the test of reasonableness.
9.10 Gonditions and Standards. The conditions and standards referred to above are as follows:
(a) Such assignee or transferee possesses the experience, reputation and financial resources to cause the Project Site to be developed and maintained in the manner contemplated by the General Plan and this Agreement; (b) Such assignee or transferee enters into a written assumption agreement, in form and content satisfactory to the City Attorney, expressly assuming and agreeing to be bound by the provisions of this Agreement; (c) Such assignment or transfer will not impair the ability of City to achieve the objectives of this Agreement.
9.11 Financinq Exemption. This Agreement does not prevent or limit Developer from encumbering the Project Site or any portion thereof or any improvements thereon with any mortgage, deed of trust, sale and leaseback arrangement, or any other form of conveyance in which the Project Site, or a portion theieof or interest therein, is pledged as security, and contracted for in good faith and fair value in order to secure financing with respect to the construction, developmenl, use or operation of the Project Site.
Mortgages, deeds of trust, sales and lease-backs, or other forms of conveyance required for any reasonable method of financing requiring a security arrangement with respect to the Project Site are permitted without thb consent of City, provided City receives prior notice of such financing (inctuding the name and address of the lender and the person or entities acquiring any such secured interest) and Developer retains the legal and equitable interest in the Project Site and remains fully responsible hereunder. The words "mortgage" and "deed of trust," as used herein, include all other appropriate modes of financing real estate acquisition, construction and land development, City acknowledges that the lender(s) providing such financing may require cedain Agreement interpretations and modifications and agrees, from time to time, to meet with Developer and representatives of such lender(s) to negotiate in good faith any such request for interpretation or modification. City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Any mortgagee of a mortgage or a beneficiary of a deed of trust ("Mortgagee") of the Project is entitled to the following rights and privileges:
(a) Neither entering into this Agreement nor a breach of this Agreement will defeat, render invalid, diminish, or impair the lien of any mortgage or deed of trust on the Project made in good faith and for value.
(b) lf City timely receives a request from a Mortgagee requesting a copy of any notice of default given to Developer under the terms of this Agreement, City will provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice SMRH:4852-7639-0562. I 6 -18-
of default to Developer. The Mortgagee has the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. (c) No Mortgagee will have any obligation or duty under this Agreement to perform the obligations of Developer or other affirmative covenants of Developer under this Agreement, or to guarantee performance. ln addition, the Mortgagee shall have no right to develop or operate the Project Site without fully complying with the terms of this Agreement, and to the extent that any covenant to be performed by Developer is a condition to the performance of a covenant by City, the performance thereof shall continue to be a condition precedent to City's performance under this Agreement.
9.12 Notice of Assisnment. Upon receiving approval of an assignment, Developer must provide City with written notice of such assignment and as part of such notice the assignee must execute and deliver to City an assumption agreement in which the name and address of the assignee is set forth and the assignee expressly and unconditionally assumes the obligations of all the provisions set forth in this Agreement.
9.13 Unapproved Assiqnments. lf City reasonably makes the determination not to consent to the assignment or transfer of the rights and privileges contained in this Agreement, and Developer conveys the Project Site to a third party, in whole or in part, Developer must remain liable and responsible for all of the duties and obligations of this Agreement.
9.14 Notice of Sale of Proiect Site. Except for sales of individual residential units, Developer must give written notice to City, within 10 days after close of escrow, of any sale or transfer of any portion of the Project Site, specifying the name or names of the purchaser, the purchaser's mailing address, the amount and location of the land sold or transferred, and the name and address of a single person or entity to whom any notice relating to this Agreement must be given.
9.15 Liabilities Upon Transfer. Upon any transfer of any portion of the Project Site and the express assumption of Developer's obligations under this Agreement by such transferee, Developer is released from its obligations under this Agreement with respect to the Project Site, or portion thereof, so transferred arising subsequent to the effective date of such transfer and City agrees to look solely to the transferee for compliance by such transferee with the provisions of this Agreement as such provisions relate to the portion of the Project Site acquired by such transferee. A default by any transferee only affects that portion of the Project Site owned by such transferee and will not cancel or diminish in any way Developer's rights hereunder with respect to any portion of the Project Site not owned by such transferee. The transferee is responsible for the reporting and annual review requirements relating to the portion of the Project Site owned by such transferee, and any amendment to this Agreement between City and a transferee only affects the portion of the Project Site owned by such transferee.
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SECTION 10. DELAYS IN PERFORMANCE.
10.01 Permitted Delavs. ln addition to any other provisions of this Agreement with respect to delay, Developer and City are excused for performance of their obligations hereunder and the term of this Agreement will be extended during any period of delay caused by matters outside their reasonable control including, without limitation, civil commotion, riots, strikes, picketing, or other labor disputes, shortage of materials or supplies, or damage to or prevention of work in process by reason of fire, floods, earthquake, or other casualties, litigation, acts or neglect of the other pafty, acts of terrorism, or restrictions imposed or mandated by governmental or quasi-governmental entities, enactment of conflicting provisions of the Constitution or laws of the United States of America or the State of California or any codes, statutes, regulations or executive mandates promulgated thereunder ("Permitted Delays").
10.02 Third Partv Actions. Any court action or proceeding brought by any thirdpartytoctr@'oranyotherpermitorapprdvaIrequiredfromCity or any other governmental entity for development or construction of all or any portion of the Project, whether or not Developer is a party to or real party in interest in such action or proceeding, constitutes a Permitted Delay under this Section; provided, however, the filing of any third party lawsuit(s) against City or Developer relating to this Agreement, the Development Approvals, any Future Development Approvals or to other development issues affecting the Prolect Site will not delay or stop the development, processing or construction of the Project, approval of any Future Development Approvals, or issuance of Ministerial Approvals, unless the third party obtains a court order preventing the activity.
City will not stipulate to or cooperate in the,.issuance of any such orderwithout Developer's mutual consent.
10.03 Notice of Permitted Delavs. City and Developer will promptly notify the other party of any delay hereunder as soon as possible after the same has been ascertained.
SECTION 11. DEFAULT
11.01 Events of Default. Subject to any extensions of time by mutual consent in writing, and subject to the provisions of the Section regarding Permitted Delays, the failure or unreasonable delay by either parly to perform any material term or provision of this Agreement for a period of 30 days after the dispatch of a written notice of default from the other party constitutes a default under this Agreement ("Event of Default"). lf the nature of the alleged default is such that it cannot reasonably be cured within such 30- day period, the commencement of the cure within such time period and the diligent prosecution to completion of the cure is deemed a cure within such period.
11.02 Notice of Event of Default. Any notice of an Event of Default given hereunder must specify in detail the nature of the alleged Event of Default and the manner in which such Event of Default may be satisfactorily cured in accordance with the terms and conditions of this Agreement.
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11.03 Cure Period.Any party is in default of this Agreement if such party fails to pedorm or comply with the terms and conditions of this Agreement and does not cure that failure within the period of 30 days after written notice of default, or if such default is of a nature which cannot reasonably be cured within 30 days, then if such party does not cure such failure within such longer period of time as is reasonably required to cure such default, but not to exceed 45 days in the aggregate, provided that the defaulting party undertakes diligently and in good faith to commence such cure within not more than 10 business days after notice of default and is diligently and in good faith pursuing such cure to completion. However, the cure period can be longer than 30 days if it is reasonable under the circumstances or the repair or cure work takes longer than 30 business days to complete.
11.04 General Default Remedies. After notice and expiration of the 30-day period without cure, then after providing the defaulting party with at least 10 business days advance notice, the non-defaulting party may perform or cause to be performed such work. After delivering evidence of the cost of such work to defaulting party, which evidence will be reasonably documented, defaulting party must reimburse non- defaulting party for the cost of said work, plus a 1OT' administrative fee. Defaulting party must deliver said reimbursement within 10 business days after receiving the evidence of the amount of said costs. The non-defaulting party reserves the right to exercise any such rights and remedies against the defaulting party as it may have at law or in equity including, without limitation, the right to terminate this Agreement pursuant to Government Code S 65868 or seek mandamus, specific performance, injunctive or declaratory relief.
11.05 Remedies _Gumulative. Any rights or remedies available to non- defaulting party under this Agreement and any other rights or remedies that such party may have at law or in equity upon a default by the other party under this Agreement must be distinct, separate and cumulative rights and remedies available to such non-defaulting party and none of such rights or remedies, whether or not exercised by the non-defaulting party, must be deemed to exclude any other rights or remedies available to the non- defaulting party. The non-defaulting party may, in its discretion, exercise any and all of its rights and remedies, at once or in succession, at such time or times as the non-defaulting party considers appropriate.
11.06 Leqal Action. Either party may, in addition to any other rights or remedies, institute legal action to cure, correct or remedy a default, enforce any covenant or agreement herein, enjoin any threatened or attempted violation hereof, or enforce by specific performance the obligations and rights of the parties hereto.
11.07 Developer Default. No building permit will be issued or building permit application accepted for any structure on the Project Site after Developer is determined by City, to be in material default of the terms and conditions of this Agreement, and until such default thereafter is cured by the Developer or is waived by City.
11.08 Waiver. All waivers must be in writing to be effective or binding upon the waiving party, and no waiver must be implied from any omission by a party to take any SMRH:4852-7639-0562.1 6 -21-
action with respect to such Event of Default. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party does not constitute waiver of such party's right to demand strict compliance by such other party in the future.
11.09 Scope of Waiver. No express written waiver of any Event of Default must affect any other Event of Default, or cover any other period of time specified in such express waiver.
11.10 Venue. ln the eventthat suit is brought by either paftyto this contract, the parties agree that venue is exclusively vested in the State courts of the County of Los Angeles or where appropriate, in the United States District Court, Central District of California, Los Angeles, California.
SECTIONl2. TERMINATION.
12.01 Effect of Termination. This Agreement may be cancelled, in whole or in part, by mutual consent of the parties or their successors in interest in accordance with Government Code S 65867. Unless terminated earlier, pursuant to the terms of this Agreement, this Agreement automatically terminates upon the expiration of the Term.
Termination of this Agreement, for any reason, does nbt, by itself, affect any right or duty arising from entitlements or approvals set forth under the Development Approvals. Upon termination of this Agreement, the rights, duties and obligations of the parties hereunder will, subject to the following provisions, cease as of the date of such termination.
12.02 Termination for lndividual Lots. This Agreement will terminate with respect to any lot and such lot is released and no longer be subject to this Agreement, without the execution or recordation of any further document, when a certificate of occupancy has been issued for the building(s) on the lot.
12.03 Termination by City. lf City terminates this Agreement because of Developer's default, then City retains any and all benefits, including money or land received by City hereunder.
SECTION 13. RELATIONSHIP OF PARTIES.
13.01 Proiect as a Private Undertakinq. lt is specifically understood and agreed by and between the parties hereto that the development of the Project Site is a separately undeftaken private development.
13.02 lndependent Contractors. The parties agree that the Project is a private development and that neither party is acting as the agent of the other in any respect hereunder.
13.03 No Joint Venture or Partnership. City and Developer hereby renounce the existence of any form of joint venture or partnership between them, and agree that nothing contained herein or in any document executed in connection herewith must be construed as making City and Developer joint venturers or partners.
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13.04 No Third Partv Beneficiaries. The only parties to this Agreement are Developer and City. There are no third party beneficiaries and this Agreement is not intended, and must not be construed, to benefit, or be enforceable by any other person whatsoever.
13.05 Amblquities or Uncertainties. The parties hereto have mutually negotiated the terms and conditions of this Development Agreement and this has resulted in a product of the joint drafting efforts of both parties. Neither party is solely or independently responsible for the preparation or form of this agreement. Therefore, any ambiguities or uncertainties are not to be construed against or in favor of either party.
SECTION 14. STATEMENT OF COMPLIANCE.
Within 30 days following any written request which either City or Developer may make from time to time, the otherwill sign and deliver to the requesting party a statement certifying that: (1) this Agreement is unmodified and in full force and effect or, if there have been modifications hereto, that this Agreement is in full force and effect, as modified, and stating the date and nature of such modifications; (2) there are no current uncured defaults under this Agreement or specifying the dates and nature of any such defaults; and (3)any other reasonable information requested. The failure to deliver such statement within such time is conclusive upon the party which fails to deliver such statement that this Agreement is in full force and effect without modification and that there are no uncured defaults in the performance of the requesting party. The City Manager is authorized to execute any such statement.
SECTION 15. APPLICABLE LAW.
This Agreement will be construed and enforced in accordance with the laws of the State of California.
SECTION 16. SUPERSESSION OF SUBSEQUENT LAWS OF JUDICIAL ACTION.
The provisions of this Agreement will, to the extent feasible, be modified or suspended as may be necessary to comply with any new law or decision issued by a court of competent jurisdiction, enacted or made after the Effective Date which prevents or precludes compliance with one or more provisions of this Agreernent. lmmediately after enactment of any such new law, or issuance of such decision, the parties must meet and confer in good faith to determine the feasibility of any such modification or suspension based on the effect such modification or suspension would have on the purposes and intent of this Agreement.
SECTION 17. COOPERATION IN THE EVENT OF LEGAL CHALLENGE. ln the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision of this Agreement or any Development Approval or any Future Development Approval, should any be obtained, the parties hereby agree to cooperate in defending said action or proceeding.
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SECTION 18. HOLD HARMLESS AGREEMENT.
Developer hereby agrees to, and must defend, save and hold City and its elected and appointed boards, commissions, officers, agents, and employees harmless from, any and all claims, costs and liability for any damages, personal injury or death, which may arise, directly or indirectly, from Developer's or Developer's contractors', subcontractors', agents or employees' operations under this Agreement, whether such negligent operations be by Developer or by any of Developer's contractors, subcontractors, agents or employees. The foregoing hold harmless provision does not apply to any claims, costs or liability arising from the negligence or willful misconduct of City or City's contractors, subcontractors, agents or employees.
SECTIONl9. INDEMNIFICATION.
Developer agrees to indemnify and hold City harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising from City's approval of Project No. DA-21-01 this Agreement, and all procedures with approving this Agreement (collectively, "Discretionary Approvals") Should City be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of the Discretionary Approvals, Developer agrees to defend City (at City's request and with counsel satisfactory to City) and will indemnify City for any judgment rendered against it or any sums paid out in settlement or othenrvise. For pLrrposes of this Section "City" includes the City of Monterey Park's elected officials, appointed officials, officers, and employees.
SECTION 20. LIMITATION OF LIABITITY.
ln no event will any present, past or future officer, director, shareholder, employee, partner, affiliate, manager, rnember, representative or agent of Developer or City (each, a "Related Party") have any personal liability, directly or indirectly, under this Agreement and recourse will not be available against any Related Party in connection with this Agreement or any other document or instrument heretofore or hereafter executed in connection with this Agreement.
SECTION 21. NOTIGES.
Any notice or communication required hereunder between City or Developer must be in writing, and may be given either personally or by registered mail, return-receipt requested, by overnight delivery, or by facsimile. Notice, whether given by registered mail personal or other permitted form of delivery, must be deemed to have been given and ieceived on the actual receipt by any of the addresses designated below as the party to whom notices are to be sent. Any party hereto may at any time, upon written notice to the other party hereto, designate any other address in substitution of the address to which such notice or communication must be given. Such notices or communications must be given to the parties at their addresses set forth below:
To CitY:
SMRH:4852-7639-0562.'l 6 -24-
With a copy to:
Karl H. Berger
City Attorney
To Developer:
Karrie On
Center Int'l lnvestments
501 W. Garvey Avenue, #207
Monterey Park, CA 91754
ka rrie@centerintl i nvestments - com
With a copy to:
Sheppard Mullin Richter & Hampton LLP
333 South Hope Street, 43rd Floor
Los Angeles, CA 90071
Attention: Alfred Fraijo Jr., Esq.
afra ijo@s heppa rdm u I I i n.com
SECTION 22. EXHIBITS.
22.01 Desiqnation of Exhibits. The reference to a specified Exhibit in this Agreement is a reference to a certain ong of the Exhibits listed below, as determined by the accompanying letter designation.
EXHIBIT DESIGNATION DESCRI
Exhibit "A" Project Site Legal Description
Exhibit "B" Development Plan
Exhibit "C"
Exhibit "D"
Residential Design Standards
Project and Plan B Schedule(s)
22.02 lncorporation bv Reference. All Exhibits are incorporated by reference into this Agreement.
SECTION23. SEVERABILITY.
lf any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement will continue in full force and effect, unless enforcement of this Agreement as so invalidated would be unreasonable or grossly inequitable under all the circumstances or would frustrate the purposes of this Agreement.
SMRH:4852-7639-0562. 1 6 -25-
SECTION24. RECORDATION.
ln orderto complywith Section 65868.5 of the DevelopmentAgreement Legislation and Sectio n bi.qA of the MPMC, the parlies do hereby direct the City Clerk to cause a copy of this Agreement to be recorded with the County Recorder of the County of Los Angeles, within 10 days after passage by City of the ordinance approving this Agreement.
Amendments approved by the parties, and any cancellation or termination of this Agreement, will be similarly recorded.
SECTION 25. ENTIRE AGREEMENT.
Except for the Settlement Agreernent, this Agreement and the Exhibits attached hereto contain all the representations and the entire agreement between the parties with respect to the subject matter hereof. To the extent any term and condition of the Settlement Agreement conflicts with this Agreement, the Settlement Agreement will take precedence. Except as othenruise specified in this Agreement and the Exhibits hereto, any prior correspondence, memoranda, agreements, warranties or representations are superseded in total by this Agreement and Exhibits hereto.
SECTION26. GOUNTERPARTS.
This Agreement may be executed in duplicate counterpart originals, each of which is deemed to be an original, and all of which when taken together constitutes one and the same instrument
SECTION2T. ELECTRONICSIGNATURES.
This Agreement may be executed with electronic signatures in accordance with Government Code S16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SMRH:4852-7639-0562. 16 -26-
lN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the dates written above.
City of Monterey Park Willis Do, C.E.O
By
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APPROVED TO FORM:
City of
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*Notes: lf the Developer is a Corporation, then this document must be executed by the Corporation's Chief Executive Officer, President or Vice-President, on the one hand, and the Corporations' Qhief Financial Officer, Treasurer, Assistant Treasurer or Secretary on the other hand. Ddveloper's signature must be notarized.
SMRH:4852-76390562.1 6 -27-
t\.w.
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of LOS ANGELES
on JULY 2L,202L before me, CRISTINA M GARCIA
(insert name and title of the officer)
personally appeared KARL H BERGER
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand official seal
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CRISTINA IA. CARCIA
Notary Public - California
Los Angeles Countv
Commission I Z3CSO|C
Comm. Expires Feb 19, 2025
Signature (Seal)
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personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/heritheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
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SMRH:4852-7639-0562.1 6 -29-
EXHIBIT'A"
PROJECT SITE LEGAL DESCRIPTION
SMRH:4852-7639-0562. 1 6
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EXHIBIT "A''
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF LOS ANGELES, STATE OF CALTFORNIA AND IS DESCRIBED AS FOLLOWS:
LOT 1 OF TRACT NO. 34875, IN THE CIry OF MONTEREY PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 932, PAGES 16 TO 13 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 5254-002-031
EXHIBIT "8"
DEVELOPMENT PLAN
SMRH:4852-7639-0562. I 6
EXHIBIT "B''
DEVELOPMENT PLAN
A. Permitted Uses
Si ngle-family residences
B. Open Space
Minimum required: 55,000 square feet of Specific Plan Area C. Minimum Lot Dimensions
Minimum width: 50
Minimum size:7,515 square feet
D. Maximum Floor Area Ratio
The maximum FloorArea Ratio for lots 6,000 -10,000 square feet is 0.40 and for lots over 10,000 square feet is 0.35.
E. Building Height
No lot or parcel of land with an average natural grade exceeding three stories or thirty-six (36) feet in height. The maximum allowable height of a structure is measured from the lowest elevation of the existing grade at an exterior wall of the structure to the highest point of the structi.rre.
F. Setbacks
Front: 10 feet
Rear: 25 feet
Side: 5 feet
G. Upper and Lower Site Retaining Walls Height, Finish, and Design Heiqht:
Lower Site Retaining Wall Maximum Height: 42Feet
Upper Site Retaining Wall Maximum Height 45 Feet
Wall Finish:
The Lower Site Retaining Wall will include a natural-looking finish. The wall finish will be
selected by the Owner/Developer from one of the City Council approved options below.
No further City approval of the wall finish will be required so long as the Lower Site Retaining Wall substantially conforms with the following options:
Wall Finish Option 1: Rock Finish (Sculpted and stained) Wall Finish Optton 2: Rock Finish (Sculpted and stained) Wall Finish Option 3: Quarry Finish (Score lines, acid etching, and/orsandblasted finish)
Wall Finish Option 4: Landscaped Finish (Vines planted at the base to cover the wall The Upper Site Retaining Wall will include a landscaped finish with vines planted at the base to grow up and cover the wall.
Wall Design:
The Lower Site Retaining Wall will include one of the finish options as approved by the City Council described above with trees planted along West Garvey Avenue and shrubs planted at the base of the trees. Any additional details or alternatives to the wall design will be deemed approved by the City, provided the revisions substantially conform to the options and landscaping described herein.
The Upper Site Retaining Wall will include the Landscaped Finish described above with trees planted along the Upper Site Retaining Wall. Any additional details or alternatives to the wall design will be deemed approved by the City, provided the revisions substantially conform to the options and landscaping described herein.
H. Other Fences and Walls on lndividual Residential Lots Maximum height 4 ft. in front yard, 6 ft. elsewhere
Wood and masonry wall and fences are permitted.
No chain link in front yard area.
No barbed wire or other hazardous materials. l. Parking Drivewaywidth: 10 ft. minimum.
Lots 1-15:Three (3) Enclosed Parking Spaces Required.
Lot 16: Two (2) Enclosed Parking Spaces Required.
J. Landscaping
Most of the open areas in front of the house exposed to public view, except driveways, parking areas, walkways, utility areas, improved decks, patios, porches, or play areas, must be maintained with a combination of appropriate vegetative landscaping and permeable materials such as mulch, decomposed granite, gravel, stones, and similar permeable materials that allow for infiltration and reduce runoff. Permeable materials must be compacted or secured in such a way as to avoid spreading over any portion of a public sidewalk or street. Appropriate landscaping includes the use of native planting or compatible species of drought-tolerant plants, and synthetic grass with lifelike individual blades of grass that emulates real grass and has a pile height of one and three-fourths- inch or more.
Landscaping must consist of combinations of trees, shrubs, and ground covers with careful consideration given to eventual size and spread, susceptibility to disease and pests, and durability and adaptability to existing soil and climatic conditions.
EXHIBIT "C''
RESIDENTIAL DESIGN STANDARDS
SMRH:4852-7639-0562. 1 6
EXHIBIT "C"
RESIDENTIAL DESIG N STANDARDS
A. Design Objectives and lntent
These Design Guidelines are provided to meet the intent of Chapter 21.36 Design Review in the MPMC by:
o Promoting the public health, safety, and generalwelfare by establishing regulations to preserve and protect existing neighborhoods.
Preventing the development of structures or uses which are not of acceptable exterior design or appearance or are of inferior quality or likely to have a depreciation or negative effect on the local environment or surrounding area by reason of use, design, appearance, or other criteria.
Assuring compatibility in the permitted use and enjoyment of property within the Speciflc Plan Area and the surrounding area by defining Design Guidelines to protect the use, integrity, and character of the neighborhood and surrounding properties.
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B. Master Landscape Plan
The master landscape plan is provided in Figure 1: Master Landscape Plan
Figure 1: Master Landscape Plan
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As shown, landscaping, including trees, shrubs, and groundcover will be planted in front of the Site Retaining Walls. Climbing vines may also be planted to grow up these walls.
The graded slopes will be planted with native grass and wildflower species. This master landscaping will be maintained by a Homeowners Association.
C. Architectural Design
Figures 2a-d= Conceptual Elevations show the conceptual architectural design for the single-family residences. The lots accommodate eight different floor plans, each of which will be expressed through different exterior massing to ensure variety in the visual character of the residences. All residences will have flat roofs with a unified visual character created by the materials used, including exterior plaster, fiber cement siding and panels, textured stone veneer, colored aluminum frame doors and windows, and vertical wood slats and other wood accents. These color range for these materials will include white, off-white, light and dark grey, and brown.
Figure 2a: Conceptual Elevation
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Figure 2c: Conceptual Elevation
Figure 2d: Conceptual Elevation
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EXHIBIT "D''
PROJECT AND PLAN B SCHEDULE(S)
SMRH:4852-7639-0562.1 6
Option 2(A) Timelincr
Resideatial Devclopment (Ptan A) with stope stabitization (plan B/82) updsred 06/01/20
O5/2?/2A - File Plan A Project Apptication with Ciry [CIt] Received 05nU2A - File Plan A vesring tentative map (Vl'M) application with City [Clt] Received (6/1) A5/29120 - Submit Specific Plan ro City [CIII Reccived
05129/20 - Screencheck ISIEIR subminsd to Ciry [CII] Received 05/29120 -NoP issued for 30-Day Review of Iniiial srudy fcity] Draft Received a6/2aza - city determination regarding project application completeness [city] 07/10120 - Submir Drafi EIR [CII]
07110/20 - Publish DEIR/Notice of Availability/Notice of Completion for Circulation (30 days) [CityJ 08/212A - Submit Final EIR with Draft EIR comments addressed [CII] 09128/20 - city staff approval of vrM/DA/Final ElR/speci fic pran [city] 10113120 - Planning Commission Hearing [Ciry]
11104120 - City Council hearing: fifst reading [Ciry]
,l/05n0 - If CtA Council denies Residential Development Project - Plan 82 Slope Stabiiization Mobil ization commences [CIVCity]
12rcA20- City Council hearing: second reading [City]
AUOZlzl - Ordinance Effective fCityl
AInSU - Florizontalpermis issued [City]
02/0421- Final Map Recorded fcity]
03/OU2l - Frile Writ Period Ends [City]
ffilA$lzl - Mobilize for Horizontat improvemcnts [CII]
04/05122 - If no gofar Residential Development Project: Plan 82 Slope Stabilizarion complete per City approved plan [CII]
09108/22- Stabilization complete for the overall Residential Development Project [CII]
City Council Staff Report
Date: May 6, 2026
Agenda Item Number: 10.H.
To: The Honorable Mayor and City Council
From: Shawn Igoe, Public Works Director
Subject: Parcel Map 83733 – 423. N. McPherrin Avenue
Recommendation:
It is recommended that the City Council consider:
1. Adopting a resolution approving final Parcel Map No. 83733; and
2. Taking such additional, related, action that may be desirable.
CEQA (California Environmental Quality Act):
The Project was categorically exempt from the requirements of CEQA pursuant to CEQA Guidelines § 15332 as a Class 32 categorical exemption (Infill Development).
Executive Summary:
The proposed final Parcel Map was reviewed by the Public Works Director for compliance with applicable law. The final Parcel Map is in substantial compliance with the approved tentative parcel map and applicable law; however, certain required public improvements have not yet been constructed. Because required improvements remain incomplete, the subdivider is entering into a subdivision improvement agreement; accordingly, City Council approval of the Parcel Map, the agreement, and the associated security is required per Monterey Park Municipal Code § 20.22.220.
Background:
This project consists of two detached residential dwelling units located at the west side of North McPherrin Avenue between Hillard Avenue and West Emerson Street. On April 16, 2024, the Tentative Parcel Map for this Project was approved, subject to the Subdivision Map Act (Gov. Code § 66410 et seq.) and applicable local regulations.
The developer has not yet constructed the public improvements required by the tentative parcel map. The public improvements include construction of a new curb, gutter, sidewalk, and driveway aprons in the street right-of-way; along the frontage of the site, required per City Standard Plans and Government Code § 66411 authority. Additionally, all on-site utility
services will be placed underground.
To ensure completion of these improvements, the developer must enter into a subdivision improvement agreement before recording the final Parcel Map. The developer provided acceptable sureties to guarantee construction of all on-site and off-site improvements, as follows:
Faithful Performance Labor and Materials
Public Improvement Bond $9,865.00 $4,932.00
Grading Bond $975.00 N/A
Strategic Plan Goal:
N/A
Fiscal Impact:
The approval of this final Parcel Map has no fiscal impact on the City beyond the additional property tax the two parcels will generate.
Attachments:
1. Resolution
2. Subdivision Agreement
3. Subdivision Map
Staff Report
August 05, 2025
ATTACHMENT 1
Resolution
RESOLUTION NO.
A RESOLUTION APPROVING FINAL PARCEL MAP NO. 83733 FOR A TWO-DETACHED RESIDENTIAL DWELLING UNITS PROJECT AT 423
NORTH MCPHERRIN
BE IT RESOLVED by the Council of the City of Monterey Park as follows:
SECTION 1: The City Council finds as follows:
A. The Public Works Director reviewed a final parcel map for a Two- Detached Residential Dwelling project at 423 North McPherrin Ave (Final Parcel Map No. 83733);
B. The City reviewed the Project’s environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the “CEQA Guidelines”).
C. Following a public hearing on April 9, 2024 , the Planning Commission adopted a resolution that, among other things, approved a tentative parcel map for the Project with conditions.
SECTION 2: Environmental Assessment. Pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq., the “CEQA Guidelines”), the Project is consistent with the Mitigated Negative Declaration and Mitigation Monitoring Program adopted by City Council on July 21, 2021 per Resolution No. 12259. No additional environmental review is necessary.
SECTION 3: Final Map Findings. Based upon the entirety of the record including, without limitation, the staff report, the City Council approves Final Parcel Map No. 83733 for the following reasons:
A. The Final Parcel Map substantially conforms with Tentative Parcel Map No. 83733; and
B. The Final Parcel Map substantially conforms to the MPMC and Subdivision Map Act (Government Code §§66410, et seq.).
SECTION 4: Delegation of Authority; Reservations.
A. In accordance with MPMC § 20.20.050, the City Engineer may take appropriate action to make technical corrections to the Final Parcel Map and, thereafter, the City Clerk may forward the Final Parcel Map to the Los Angeles County Recorder’s Office for recordation.
Resolution No.
B. Before providing the Final Parcel Map to the City Clerk, the City Engineer must (in addition to ensuring that the Final Parcel Map meets all technical requirements of the MPMC and Subdivision Map Act) verify that the developer provided the City with (1) a subdivision improvement agreement, in a form approved by the City Attorney, to ensure the construction of all public improvements at the development; (2) a form of security approved by the City Attorney to guarantee performance under the subdivision improvement agreement.
C. The City manager is authorized to execute the subdivision improvement agreement referenced in this Section.
SECTION 5: Severability. If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provision or application and, to this end, the provisions of this Resolution are severable.
SECTION 6: Electronic Signatures . This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 7: Recordation. The Mayor, or presiding officer, is authorized to sign this Resolution signifying its adoption by the City Council of the City of Monterey Park and the City Clerk, or his duly appointed deputy, may attest thereto.
SECTION 8: Effective Date . This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.
SECTION 9: The City Clerk is directed to mail a copy of this Resolution to the Applicant and to any other person requesting a copy.
PASSED AND ADOPTED this 1st day of May, 2026.
____________________________
Elizabeth Yang, Mayor
ATTEST:
________________________________
Maychelle Yee, City Clerk
APPROVED AS TO FORM:
________________________________
Karl H. Berger, City Attorney
Staff Report
August 05, 2025
ATTACHMENT 2
Subdivision Agreement
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Clerk
City of Monterey Park
320 W Newmark Ave
Monterey Park, CA 91754
No fee per Government Code § 6103
SUBDIVISION IMPROV EMENT AGREEMENT
PARCEL MAP NO. 83733
THIS AGREEMENT (“Agreement”) is made and entered into this 8th day of May, 2026, by and between the CI TY OF MONTEREY PARK, a general law city and municipal corporation (“CITY”) and Piong Ben Hong (“SUBDIVIDER”).
The Parties agree as follows:
1. RECITALS. This Agreement is made with reference to the following facts and objectives:
A. SUBDIVIDER presented CITY with a final subdivision map on land identified as Map No. 83733 (“Map”).
B. SUBDIVIDER requested that CITY approve the Map before construction and completion of improvements including, without limitation, streets, highways, public ways , grading, fences, and public utility facilities (“Improvements”) which are part of or appurtenant to the subdivision (“Subdivision”) identified on the Map. The Improvements must be constructed in accordance with plans and specifications on file with CITY.
C. This Agreement is ent ered into in accordan ce with the Subdivision Map Act (“Act”) and applicable ordinances adopted by CITY including, without limitation, as codified in the Monterey Park Municipal Code (“MPMC”).
2. CONSTRUCTION OF IMPROVEMENTS. At its sole cost and expense, SUBDIVIDER agrees to furnish the equipment, labor and materials necessary to complete the Improvements on the Map set forth in attached
Exhibit “A,” which is incorporated by refer ence, and such other improvements required by CITY ordinances and/or the City Council when approving the Map. All of the above work, together with appurtenances, contingencies and engineering costs, are more particularly shown on the improvement plans for t he Map. In addition, S UBDIVIDER agrees that because of condition No. 19 in Planni ng Commission Resolution No. 10-18, that it will construct and maintain the public streets, up to the centerline along the entire property frontages, identifi ed as “423 N McPher rin Ave” in the manner set forth in plans entitled “Grading Plan” included in Public Works Permit No. PW 24-00169. If c onstruction of the Street does not conform with CITY’s standard specificatio ns for public streets, SUBDIVIDER therefore agrees to provide a 10-year warranty for maintenanc e and reconstruction of the Street.
3. ESTIMATED COST OF IMPROVEMENTS.
A. The parties agree that the estimated cost of the improvement work, except for the Street, is $15,814.00
B. The parties agree that the estimated cost of the Street is $ 6,892.50.
4. COMPLETION. SUBDIVIDER must complete all Improvements within 12 months after recording the Map or within such further time as may be granted by the City Council.
5. COMPLETION BY CITY . Should SUBDIVIDER fail to complete the Improvements within the time for completion, CI TY, at its option, may enter onto SUBDIVIDER’s property to complete the Improvements at SUBDIVIDER’s cost.
6. WARRANTY OF IMPROVEMENT PLANS . SUBDIVIDER warrants that the plans and specifications for the Improvement s comply with the tentative map approval and the master plan for the Subdivision previously approved by CITY’s Planning Commission and the City Council, together with all conditions made a part of such approval(s). SUBDIVIDER further warrants that the plans and specifications can be re lied upon to accomplish the improvement work covered by this Agreement in a good, workmanlike manner and in accordance with accepted construction pr actices. Should the plans and specifications at any time before final acceptance of the Impr ovements prove to be inadequate in any respect, SUBD IVIDER agrees to make such changes deemed necessary by CITY to accomplish improvement work in a good, workmanlike manner and in a ccordance with accepted construction practices. SUBDIVIDER further agrees to make or cause to be made such engineering, soils and other reports as may be required by CITY.
7. CITY NOT LIABLE FOR PLANS AND SPECIFICATIONS. CITY is not an insurer or surety for the design or construction of the Subdivision. And no CITY official, officer, or employee is liable or responsible for any claim arising during construction of the Subdivision or Improvements , unless it can be shown that such person specifically directed that the Subdivision or Improvement be accomplished in a manner contrary to the wishes and desires of SUBDIVIDER, and SUBDIVIDER filed a wr itten objection with the City Engineer before commencing such work or Improvement.
8. WARRANTY OF WORK.
A. SUBDIVIDER warrants that the Improvements will be constructed in a manner consistent with CITY’s specifications and the highest industry standards. Should any Impr ovement fail to comply with warranty or any other provision of this Agreement within one year after CITY’s final acceptance, SUBDIVIDER mus t, without delay and without cost to CITY, repair, repl ace or reconstruct any de fective or otherwise unsatisfactory part or part s of the improvements. S hould SUBDIVIDER fail to act promptly or in accordance with this requirement or any other provision of this Agreement for 30 days af ter receipt of written notice from the City or should the exigencies of the ca se require repairs or replacements to be made before SUBDIVIDER can be notified, CITY may, at its option, make the necessary repairs or replacements or perform the necessary work and SUBD IVIDER must pay to CITY the actual cost of such repairs plus 15% for CITY’s administrative overhead costs. This Section is not a waiver of any other right CITY may have for correcting faulty workmanship or defective materials.
B. As to the Street, SUBDIVIDER warrants that the Street will be constructed in a manner consis tent with Cond ition No. 19 and specifications approved by CITY that are generally consistent with the highest industry standards. Should th e Street fail to comply with this warranty or any other provision of this Agreement within 10 years after CITY’s final acceptance, SUBD IVIDER must, without delay and without cost to CITY, re pair, replace or recons truct any defective or otherwise unsatisfactory part or parts of the Improvements. Should SUBDIVIDER fail to act prompt ly or in accordance with this requirement or should t he exigencies of the ca se require repairs or replacements to be made before SUBD IVIDER can be notified, CITY may, at its option, ma ke the necessary repair s or replacements or perform the necessary wo rk and SUBDIVIDER mu st pay to CITY the actual cost of such repairs plus 15% for CITY’s administrative overhead costs. This Section is not a waiver of any other right CITY
may have for correcting faulty workmanship or defective materials.
9. REPAIRS AND REPLACEMENTS. SUBDIVIDER must replace/repair, as appropriate, all pipes and monuments shown on the Map destroyed or damaged by SUBDIVIDER’s actions and to replace/repair, as appropriate, any property damaged or destroyed by SUBDIVIDER. Any such repair or replacement must be completed to City’s satisfaction and approval.
10. CITY’S RIGHT OF ENTRY . SUBDIVIDER grants City a license to enter SUBDIVIDER’s property to inspect the improvements constructed by SUBDIVIDER and to ensure comp liance with this Agreement.
11. CONTRACT SECURITY.
A. Concurrently with the execution of this Agreement, SUBDIVIDER must furnish:
i. A surety bond in an amount equal to at least 100% of the estimated cost of improvements as security fo r the faithful perf ormance of this Agreement;
ii. A separate surety bond in an amou nt equal to at least 100% of the contract price for said improvements as security for the payment of all persons performing labor and furnishing materials in connection
with this Agreement.
B. SUBDIVIDER agrees that the form of the bonds provided by City are substantially similar to Government Code §§ 66499.1 and 66499.2.
12. MAINTENANCE BONDS .
A. Except as to the Street, the bonds referred to in Section 11 will not be released until a surety bond guaranteeing the warranty requirements of Section 8 in the amount of at least 10% of the sum shown in Section 3 is filed with CI TY. The maintenance bond will be released 1 year from the date of final acceptance of the Improvements.
B. As to the Street, t he bonds referred to in Section 11 will not be released until a surety bond guar anteeing the warranty requirement of Section 8(B) in the amount of at least 110% of the sum shown in Section 3 as to the St reet is filed with CITY . The maintenance bond will be released 10 years from th e date of final acceptance of the Street.
13. PERFORMANCE BY CITY OR SURETY.
A. Should SUBDIVIDER fail to cons truct the improvements in the manner and at such locations as specified within the time requirements of this Agreement, or if SUBDIVIDER is not carrying out the intent of this Agreement, CITY may serve written notice upon SUBDIVIDER and the surety on SUBDIVIDER’s faithful performance bond demanding satisfactory compliance with this Agreement.
B. Should CITY serve such written notice, CITY may do any one, or combination of the following:
i. Serve written notice upon the surety on its faithful performance bond demanding satisfactory compliance with this Agreement. In such event the surety must, within five days, assume control and construct the Improvements as SUBDIVIDER’s successor;
ii. CITY may construct the improvemen ts itself, or by contract at SUBDIVIDER’s expense on a time a materials basis. In such event, CITY may take possession of and utilize in completing improvement construction, materials, appliances, and other property belonging to SUBDIVIDER as may be on th e site of the work without liability to CITY. SUBDIVIDER’s su rety will be li able to CITY for any excess cost of damages incurred by CITY.
C. Nothing in this Sectio n waives, or serves as a limitation upon, any additional remedy CITY may have under this Agreement or applicable law.
14. SURETY BOND TO INCL UDE LETTER OF CREDIT . The term “surety bond” also includes such other acceptable secu rity, such as letters of credit or cash deposit agreements issued by responsi ble financial institutions, which are approved by the City Attorney. The term “surety” includes the issuer of any letter of credit or cash deposit agreement, which is acceptable to CITY as security for the performance of this Agreement. Sureties must be admitted to do business in California.
15. BEST MANAGEMENT PRACTICES . SUBDIVIDER agrees to use best management practices (“BMPs”), as that term is defined under applicable law including,
without limitation, the Monter ey Park Municipal Code, in constructing the improvements anticipated by this Agreement. SUBDIVIDER’s failure to comply with the terms of this Section constitutes a material breach of this Agreement.
16. OWNERSHIP OF DOCUMENTS. All documents, data, studies, drawings, maps, models, photographs and reports prepared by SUBDIVIDER under this Agreement are CITY’s property. SUBDIVIDER may retain copies of said documents and materials as desi red, but must deliver all original materials to CITY upon CITY’s written notice.
17. INDEPENDENT CONTRACTOR . CITY and SUBDIVIDER agree that SUBDIVIDER will act as an independent contractor and will have control of all work and the manner in which it is performed. SUBDIVIDER will be free to contract for similar service to be
performed for other employers while under
contract with CITY. SUBDIVIDER is not an agent or employee of CITY and is not entitled to partici pate in any pension plan, insurance, bonus or similar benefits CITY provides for it s employees. Any provision in this Agreement that may appear to give CITY the right to direct SUBDIVIDER as to the details of doing the work or to exer cise a measure of control over the work means that SUBDIVIDER will follow the direction of CITY as to end results of the work only.
18. CASH CHARGES. SUBDIVIDER must pay to CITY in cash such subdivision fees that are established by ordinance or by the City Council in conferring approval or extension of time to the Subdivision.
19. INDEMNIFICATION.
A. SUBDIVIDER indemnifies and holds CITY harmless from and against any claim, action, damages, costs (i ncluding, without limitation, attorney’s fees), injuries, or liability, arising out of this Agreement, or its performance. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, SUBDIVIDER must defend CITY (at CITY’s request and with counsel satisfactory to CITY ) and indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise.
B. For purposes of this section “CIT Y” includes CITY’s officers, officials, employees, agents, representatives, and, certified volunteers.
C. The Parties agree that this sectio n will remain in full force and effect for 10 years followin g substantial completion by SUBDIVIDER of the improvements.
D. The requirements as to the types and limits of insurance coverage to be maintained by SUBDIVIDER, and any approval of such
insurance by CITY, are not intended to an d will not in any manner limit or qualify the liabilities and obligations otherwise assumed by SUBIDIVIDER pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification.
20. INSURANCE.
A. Before commencing performance und er this Agreement, and at all other times this Agreement is effe ctive, SUBDIVIDER must procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance Limits (combined single) Commercial general liability: $ 2,000,000 Professional Liability $ 2,000,000 Workers compensation statutory requirement B. Commercial general liability insuranc e must meet or exceed the requirements of ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies must be endorsed to name CITY, its officials, and employees as “additional insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be carried by CITY will be excess thereto. Such e ndorsement must be reflected on ISO Form No. CG 20 10 11 85 or 88. Such insurance will be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduc tion except upon 30 days prior written notice to CITY.
C. Professional liability cove rage will be on an “occurrence basis” if such coverage is available, or on a “claims made” basis if not available. When coverage is provided on a “claims made basis,” SUBDIVIDER will continue to renew the in surance for a period of 3 years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover SUBDIVIDER for all cl aims made by CITY arising out of any errors or omissions of SUBDIVIDER, or its officers, employees or agents during the time this Agreement was in effect.
D.SUBDIVIDER must furnish to CITY duly authenticated
Certificates of Insurance evidencing main tenance of the insurance required under this Agreement and such other evidence of insurance or copies of policies as may be reasonably requi red by CITY from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of “A: VII.” Certificate(s) must reflect that the insurer will provide 30-day notice of any cancellation of coverage. SUBDIVIDER will require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insure r to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
21. NOTICES.
A. A. All notices given or required to be given pursuant to this Agreement will be in writing and may be given by personal deliv ery or by mail.
Notice sent by mail will be addressed as follows:
The City
City of Monterey Park
320 W. Newmark Ave.
Monterey Park, CA 91754
To Subdivider
Piong Ben Hong
61 W. Lemon Ave
Arcadia, CA 91007
B. When addressed in accordance with this par agraph, notices will be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices will be deemed given at the time of actual delivery.
C. Changes may be made in the name s or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph.
22. COMPLIANCE WITH LAW . SUBDIVIDER will comply with all laws applicable to this Agreement including, without limitation, federal, state, and local laws requiring permitting and licenses. All such compliance will be at SUBDIVIDER’s own cost.
23. CONSTRUCTION. The language of each part of this Agreement will be construed simply and according to its fair meaning, and this Agreement will never be construed either for or against either party.
24. SEVERABLE. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to
the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect.
25. CAPTIONS. The captions of the paragr aphs of this Agreement are for convenience of reference only and will not affe ct the interpretation of this Agreement.
26. WAIVER. Waiver of any provision of this Agreement will not be deemed to constitute a waiver of any other provision, nor will such waiver constitute a continuing waiver.
27. GOVERNING LAW . This Agreement has been made in and will be construed in accordance with the laws of the State of California and exclusive venue for any action involving this Agreement will be in Los Angeles County.
28. AUTHORITY/MODIFICATION. This Agreement is s ubject to and conditioned upon approval and ratification by the Monterey Park City Council. This Agreement is not binding upon CITY unt il executed by the City Manager.
The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written ag reement. CITY’s City Manager may execute any such amendment on behalf of CITY.
29. BINDING UPON SUCCESSORS . The terms of this Agreement constitute a burden and benefit upon the Prope rty. Accordingly, this Agreement will be recorded and the term will run with the Property and become binding upon SUBDIVIDER’s heirs, successors and assigns.
30. ENTIRE AGREEMENT . This Agreement consti tutes the sole agreement between SUBDIVIDER and CITY re specting the maintenance of the Property’s common areas and correctly sets forth the obligations of SUBDIVIDER and CITY. There are no other understandings, terms or other agreements expressed or implied, oral or written.
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written.
CITY OF MONTEREY PARK,
a municipal corporation
______________________________
Inez Alvarez, City Manager
_________________________
Piong Ben Hong, Owner
City Council Approval: ____________
ATTEST:
______________________________
Maychelle Yee, City Clerk
APPROVED AS TO FORM:
By: ____________________________________
Karl H. Berger, City Attorney
EXHIBIT A
Map No. 83733
All improvements marked are included:
(X) Public street impr ovements including grading, paving, curbs, gutter, sidewalks, traffic control devices, street name signs, street lights, street landscaping, and appurtenances.
(X) Public sanitary sewers includ ing mains, laterals, and appurtenances. (X) Private sanitary sewers includ ing mains, laterals, and appurtenances. (X) Natural gas supply system including mains, service laterals, and appurtenances. (X) Electric power distribution system incl uding vaults, conduits, cables, conductors, service laterals, transformers, and appurtenances.
(X) Telephone system including vaults, conduits , cables, conductors, service laterals, and appurtenances.
(X) Cable television system, including vaul ts, conduits, cables, conductors, service laterals, and appurtenances.
(X) Private storm drains includi ng pipes, outlets, and appurtenances. (X) Lot grading, including land clearing, earth moving compac tion, import or export of soil, and appurtenances.
(X) Walls including retaining walls, perimeter walls, and appurtenances. (X) Off-street landscaping including trees, bushes, shrubs, turf, irrigation system, and appurtenances.
Staff Report
August 05, 2025
ATTACHMENT 3
Subdivision Map
City Council Staff Report
Date: May 6, 2026
Agenda Item Number: 10.I.
To: The Honorable Mayor and City Council
From: Shawn Igoe, Public Works Director
Subject: Orange Coast Petroleum Equipment, Inc. Amendment
Recommendation:
It is recommended that the City Council consider:
1. Authorizing the City Manager to execute a First Amendment to Agreement 2431-AE with Orange Coast Petroleum Equipment, Inc., in a form approved by the City Attorney, in the amount of $55,908, plus a contingency of 10%, for the purchase and installation of a fuel tank monitoring system;
2. Taking such additional, related, action that may be desirable.
Executive Summary:
The City’s current fuel tank monitoring system has reached the end of its functional life. It is recommended that City Council approve a First Amendment to Agreement No. 2431-AE with Orange Coast Petroleum Equipment, Inc., as part of Capital Improvement Project (“CIP”) 95063-City Fuel Pump Improvements, for an additional amount of $55,908, plus a contingency of 10%, for the purchase and installation of a monitoring system for the City fleet fuel tanks, as part of the completion of fuel system improvements.
Background:
On June 18, 2024 City Council authorized the purchase of a fuel management and delivery system, CIP No. 95063-City Fuel Pump Improvements. During the improvements, staff identified the current fuel tank monitoring system needed replacement. The current fuel tank monitoring system is obsolete and is no longer supported by the manufacturer. In March 2026, the Public Works Director (“Director”) obtained quotes for the purchase and installation of a fuel tank monitoring system and received quotes from Orange Coast Petroleum, Inc. for $47,483.09 and Tank Specialists of California for $47,810.40 (excluding permit fees).
The quote received from Orange Coast Petroleum, Inc. provided the lowest responsive
quotation for the purchase and installation of a fuel tank monitoring system, specifically identifying the Veeder-Root TLS4B Automatic Tank Gauge (ATG) as the best fit for the City’s fuel monitoring needs. The Veeder-Root system upgrades the outdated, manual system to an automated system with inventory tracking and web-enabled remote connectivity, which are essential for operating the City’s two fueling stations and its fleet. In addition, the Veeder-Root system integrates with the City’s Faster Asset fleet management software to provide real-time fuel inventory data and reconcile fuel usage. The additional work is within the scope of the original Agreement No. 2431-AE and is necessary to complete the City’s fuel system improvements.
Upgrading to a modern monitoring system ensures accurate fuel accounting and uninterrupted fleet operations. The Director recommends a First Amendment with Orange Coast Petroleum, Inc. for an additional amount of $55,908, which includes $7,000 in anticipated permit fees, plus a contingency of 10%, to move forward with the purchase and replacement of a monitoring system for the City fleet fuel tanks.
Strategic Plan Goal:
N/A
Fiscal Impact:
The total purchase cost for the fuel tank monitoring system is $55,908, plus a contingency of 10%. Funding for purchase and replacement of the fuel tank monitoring system is available through CIP No. 95063.
Attachments:
1. Orange Coast Petroleum Equipment, Inc. Quote
Staff Report
0D\, 2026
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City Council Staff Report
Date: May 6, 2026
Agenda Item Number: 10.J.
To: The Honorable Mayor and City Council
From: Shawn Igoe, Public Works Director
Subject: Garvey Ranch Park Shade Structure Award of Contract
Recommendation:
It is recommended that the City Council consider:
1. Authorizing the City Manager to execute a public works contract, in a form approved by the City Attorney, with R.E. Schultz Construction, Inc. in the amount of $98,416 for Garvey Ranch Shade Structures Installation, Specification No. 2026-002;
2. Authorizing the Public Works Director to approve change orders not to exceed $9,850 over the total contract amount; and
3. Taking such additional, related, action that may be desirable.
CEQA (California Environmental Quality Act):
The proposed project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations § 15301 as a Class 1 categorical exemption (Existing Facilities) because it involves the replacement and minor alteration of existing park structures with no expansion of use.
Executive Summary:
Per Resolution No. 2025-R58, the Public Works Director solicited bids for the Garvey Ranch Shade Structures Installation Project, Capital Improvement Project No. 95062. The public bid opening for this project was held on April 22, 2026. One bid was received from R.E. Schultz Construction, Inc.
The Public Works Director recommends that the City Council authorize the City Manager to execute a Public Works contract with R.E. Schultz Construction, Inc. for the Garvey Ranch Shade Structures Installation Project in the amount of $98,416 plus $9,850 contingency.
Background:
The City’s FY 2025-26 budget includes Capital Improvement Project (“CIP”) No. 95062- Garvey Ranch Gazebo Replacement. The original wood gazebos were constructed in 1983
and following an inspection in 2025, it was determined there was severe wood rot that affected the structural integrity. They were demolished shortly after to ensure the safety of the public.
Following the demolition, staff attempted to salvage the existing gazebo columns to be included as part of the new replacement shade structures. However, a structural evaluation determined that in order to meet current seismic code, significant structural retrofit would be required, which was deemed to be cost prohibitive.
The Public Works Director and the Recreation Director determined the best course of action was to purchase replacement shade structures that included poles. New footings for the poles are required to be constructed. The existing gazebos included a sink in the middle, which will remain, and the center column will remain which will be used to attach new lighting. The center column will not interfere with the proposed shade structure, which is taller.
On March 4, 2026, City Council approved the designs for the shade structures located at Garvey Ranch Park and approved a purchase order to procure the shade structures from Superior Recreation Products. Staff prepared a bid package for the installation of the shade structures and the project was advertised on April 1, 2026.
The public bid opening for the Garvey Ranch Shade Structures Installation Project was held on April 22, 2026 and it included just one bid from R.E. Schultz Construction, Inc.
The bid submitted by R.E. Schultz Construction, Inc. is the lowest responsive bid from a responsible bidder. R.E. Schultz Construction, Inc. contractor license was verified with the California State Contractor’s License Board to be current, active, and in good standing.
Registration with the California Department of Industrial Relations (DIR) was verified. Staff also checked the contractor’s references and received positive feedback. R.E. Shultz Construction, Inc. has performed work for the City in the past and have completed the work satisfactorily.
It is recommended that the City Council award the project to R.E. Schultz Construction, Inc. for a total of $108,266, including a base contract amount of $98,416, plus a contingency of $9,850.
Strategic Plan Goal:
The installation of the new shade structures at Garvey Ranch Park supports the City’s goal to continue public facility improvements by preserving existing park space and improving park amenities. The replacement of the shade structures will provide the community with shade at the Garvey Ranch Park picnic areas.
Fiscal Impact:
Funds for this project have been budgeted in CIP No. 95062 using General Fund-101 and Development Impact Fund-231. No additional funds are needed.
Attachments:
1. Proposal
Staff Report
May 6, 2026
ATTACHMENT 1
R.E. Schultz Construction, Inc Bid Proposal
City Council Staff Report
Date: May 6, 2026
Agenda Item Number: 10.K.
To: The Honorable Mayor and City Council
From: Jason Hing, Fire Chief
Subject: Fire Service Day Resolution
Recommendation:
It is recommended that the City Council consider:
1. Adopting a resolution declaring May 16, 2026 as Fire Service Day; and
2. Taking such additional, related, action that may be desirable.
Executive Summary:
Throughout the month of May, many cities across Los Angeles County celebrate Fire Service Day. This annual event provides residents and community members with the opportunity to visit their local fire stations, explore fire apparatus and equipment, meet firefighters, and gain a better understanding of the services provided by the Fire Department.
In the City of Monterey Park, Fire Service Day is scheduled for Saturday, May 16, 2026, from 8:00 a.m. to 2:00 p.m. at Fire Station 61. The event will include a live rescue demonstration, fire safety and emergency preparedness information, and opportunities for community engagement and photos. This proposed resolution formally expresses the City Council’s appreciation and recognition of Fire Service Day and its importance in promoting public safety awareness and community connection.
Background:
Historically, the Fire Department has recognized and celebrated Fire Service Day as an opportunity to highlight the dedication, professionalism, and service of its firefighters and emergency personnel. This annual event provides a meaningful opportunity to strengthen the relationship between the community and those who serve to protect life, property, and the environment.
Fire Service Day reflects the Department’s ongoing commitment to public safety, education,
and emergency preparedness. Through community engagement and outreach, residents gain a greater understanding of the vital role firefighters play in emergency response and in safeguarding the community.
Strategic Plan Goal:
Fire Service Day supports the City’s Strategic Plan goals by promoting public safety, enhancing community engagement, and increasing awareness of emergency preparedness.
The event fosters positive relationships between residents and the Fire Department while providing valuable education that helps build a safer, more informed, and resilient community.
Fiscal Impact:
None
Attachments:
1. Draft Resolution
Staff Report
May 6, 2026
ATTACHMENT 1
DRAFT RESOLUTION
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY PARK DECLARING MAY 16, 2026 AS FIRE SERVICE DAY IN
MONTEREY PARK
BE IT RESOLVED by the Council of the City of Monterey Park as follows:
SECTION 1: The City Council finds as follows:
A. Many cities throughout Los Angeles County celebrate Fire Service Day in May to allow the residents and community members they serve an opportunity to see their local fire station.
B. The Monterey Park Fire Department has been serving the community with fire protection, hazardous materials response, disaster preparedness, and emergency medical services for over 100 years.
C. The men and women of the Monterey Park Fire Department strive each day to save lives and protect property, as well as promote disaster preparedness and teach fire safety to children and adults alike. These dedicated, passionate, and driven individuals take pride in keeping the community safe.
D. To say thank you to the Monterey Park community for their continued support, the Monterey Park Fire Department is celebrating Fire Service Day on May 16, 2026 by hosting an open house event at Fire Station 61.
E. The Monterey Park Fire Department encourages residents and visitors to stop by Fire Station 61 on Saturday, May 16, 2026, from 8:00 a.m. to 2:00 p.m. for a live rescue demonstration, fire safety and emergency services information, fire truck tours, and photo booth opportunities.
F. The Monterey Park Fire Department personnel take pride in serving this community, and welcomes all into the station, as their continued success is reflective of the outpouring of support from residents and business owners.
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 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 6th day of May, 2026
________________________________
Elizabeth Yang, Mayor
Attest:
__________________________
Maychelle Yee, City Clerk
Approved as to Form:
__________________________
Karl H. Berger, City Attorney
City Council Staff Report
Date: May 6, 2026
Agenda Item Number: 10.L.
To: The Honorable Mayor and City Council
From: Shawn Igoe, Public Works Director
Subject: Public Works Week Resolution
Recommendation:
It is recommended that the City Council consider:
1. Adopting a Resolution declaring the week of May 17 through 23, 2026 as Public Works Week in Monterey Park; and
2. Taking such additional, related, action that may be desirable.
Executive Summary:
The City is celebrating the week of May 17-23, 2026, as Public Works Week in Monterey Park.
This week marks the 66th annual National Public Works Week sponsored by the American Public Works Association, which recognizes Public Works professionals. The 2026 National Public Works Week theme is “Rooted in Service, Powered by Community,” acknowledges that the roots of service run deep in public works.
Background:
The Public Works Department is responsible for providing and maintaining the City’s infrastructure in a manner that ensures the health, safety, and welfare of the City’s residents and visitors. This includes the design, construction, repair and maintenance of public land, roadways, sidewalks, sewers, and storm drains; public buildings and structures; water production, storage and delivery facilities; the repair and maintenance of City vehicles and equipment; and transportation services. Additionally, the Public Works department implements the City’s Capital Improvement Program and manages its various projects aimed at improving physical structure, systems, and facilities that provide various services to the community.
The City recognizes and celebrates the hard work, commitment and contribution Public Works professionals provide to the community of Monterey Park. This year, the City is hosting a Public Works Open House on Monday, May 18, 2026 from 4:00 pm to 7:00 pm at the City Yard
located at 751 South Alhambra Avenue. The "Rooted in Service, Powered by Community" theme focuses on how public works professionals’ commitment to service drives public works innovations which help our communities evolve into places where people can lead lives of purpose and possibility. Some work, like the building of roads, is highly visible, while other public works contributions, such as maintaining water and sewer systems, are sometimes hidden from view. These efforts form the foundation of thriving communities and remind us that every public works project powers the connection between service and the people it supports.
Strategic Plan Goal:
N/A
Fiscal Impact:
None.
Attachments:
1. Draft Resolution - Public Works Week 2026
Staff Report
May 6, 2026
ATTACHMENT 1
PUBLIC WORKS WEEK RESOLUTION
Resolution No.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY PARK DECLARING MAY 17-23, 2026 AS PUBLIC WORKS WEEK IN
MONTEREY PARK
BE IT RESOLVED by the Council of the City of Monterey Park as follows:
SECTION 1: The City Council finds as follows:
A. Public works professionals focus on infrastructure, facilities, emergency management, and services that are of vital importance to sustainable and resilient communities and the public health, high quality of life, and well-being of the people of Monterey Park;
B. These infrastructures, facilities, and services could not be provided without the dedicated efforts of public works professionals, who are federally mandated first responders, and the engineers, managers, and employees at all levels of government and the private sector, who are responsible for rebuilding, improving, and protecting our nation’s transportation, water supply, water treatment, public buildings, and other structures and facilities essential for our citizens;
C. It is in the public interest for the citizens, civic leaders, and children in Monterey Park to gain knowledge and maintain ongoing interest and understanding of the importance of public works first responders and public works programs in their respective communities; and
D. The City of Monterey Park hereby designates the week May 17-23, 2026, as National Public Works Week recognizing its public works professionals, engineers, managers, and employees and the substantial contributions they make to protecting our national health, safety, and quality of life.
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 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.
Resolution No.
PASSED AND ADOPTED this 6th day of May, 2026.
________________________________
Elizabeth Yang, Mayor
Attest:
__________________________
Maychelle Yee, City Clerk
City Council Staff Report
Date: May 6, 2026
Agenda Item Number: 10.M.
To: The Honorable Mayor and City Council
From: Scott Wiese, Police Chief
Gustavo Jimenez, Police Captain
Subject: National Police Week Resolution
Recommendation:
It is recommended that the City Council consider:
1. Adopting a resolution declaring the week of May 11–17, 2026, to be National Police Week in the City of Monterey Park; and
2. Taking such additional, related, action that may be desirable.
Executive Summary:
The Monterey Park Police Department is celebrating the week of May 11–17, 2026, as National Police Week. In 1962, President John F. Kennedy proclaimed May 15th National Peace Officers Memorial Day and the calendar week in which May 15th falls as National Police Week.
National Police Week pays special recognition to those law enforcement officers who have lost their lives in the line of duty for the safety and protection of others. It is a collaborative effort of many organizations honoring America’s law enforcement community. We are enlisting your support in the form of a resolution to honor these men and women in our area for the work that they do every day to protect the residents of Monterey Park.
Background:
Historically, the Police Department recognizes and celebrates the hard work of these dedicated professionals. We are confident you will stand behind the commitment and devotion these men and women provide to ensure the safety and security of Monterey Park residents.
Strategic Plan Goal:
N/A
Fiscal Impact:
There is no expected fiscal impact associated with adopting this resolution.
Attachments:
1. National Police Week Resolution
Staff Report
May 6, 2026
ATTACHMENT 1
National Police Week Resolution
Staff Report
May 6, 2026
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY PARK DECLARING MAY 11-17, 2026, NATIONAL POLICE WEEK IN
MONTEREY PARK
BE IT RESOLVED by the Council of the City of Monterey Park as follows:
SECTION 1: The City Council finds as follows:
A. The Monterey Park Police Department is celebrating the week of May 11- 17, 2026, as National Police Week. In 1962, President John F. Kennedy proclaimed May 15 th National Peace Officers Memorial Day and the calendar week in which May 15 th falls as National Police Week. National Police Week pays special recognition to those law enforcement officers who have lost their lives in the line of duty for the safety and protection of others.
It is a collaborative effort of many organizations honoring America’s law enforcement community.
B. Law enforcement officers swear an oath to uphold the public trust, even though, through the performance of the duties of a law enforcement officer, the officers may become targets of senseless acts of violence.
C. The safety of our community is dependent upon the dedication and commitment of our police officers.
D. Law enforcement officers are charged with pursuing justice for all individuals and performing their jobs faithfully to the constitutional and civil rights of the public they serve.
E. Law enforcement officers have bravely continued to meet the call of duty to ensure the safety of the neighborhoods and communities they serve at the risk of their safety.
F. Historically, the Police Department recognizes and celebrates the hard work of these dedicated professionals. We are confident you will stand behind the commitment and devotion these men and women provide to ensure the safety and security of Monterey Park residents.
Staff Report
May 6, 2026
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 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 6th day of May, 2026.
Elizabeth Yang, Mayor
Attest:
Maychelle Yee, City Clerk
City Council Staff Report
Date: May 6, 2026
Agenda Item Number: 10.N.
To: The Honorable Mayor and City Council
From: Jason Hing, Fire Chief
Timothy Hou, Director of Community Development
Subject: Building Safety Month Resolution
Recommendation:
It is recommended that the City Council consider:
1. Adopting a Resolution recognizing May 2026 as Building Safety Month; and
2. Taking such additional, related, action that may be desirable.
Executive Summary:
Building Safety Month is an annual public awareness campaign led by the International Code Council (ICC) and observed each May to raise awareness about building safety, the importance of modern building codes, and the role safety professionals play in protecting communities. The 2026 theme, “Built to Last,” highlights how resilient construction, updated codes, and coordinated safety efforts support stronger and safer communities.
By recognizing Building Safety Month, the City affirms the importance of proactive code compliance, public education, and coordinated efforts that help protect residents, preserve housing quality, and support safe, healthy, and well-maintained communities.
Background:
Building Safety Month is observed internationally each May to promote awareness of building safety and the role that building codes, inspections, and code related professionals play in protecting homes, buildings, and neighborhoods. ICC describes the campaign as an opportunity to help communities better understand what it takes to create safe and sustainable structures and to recognize the professionals who help make that possible.
Code compliance programs are on the front line of identifying unsafe or deteriorated conditions, responding to tenant and neighborhood concerns, addressing unpermitted or non- compliant conditions, and helping maintain the safety and livability of the built environment.
Within the City, the Code Compliance Division plays an important role in advancing these objectives through its ongoing work in the community. This includes the Division’s efforts related to multi-family residential inspections, response to tenant complaints and habitability concerns, and enforcement of property conditions that may affect health, safety, and quality of life. These efforts are not only compliance based; they also serve an important public service function by helping identify conditions that may place residents at risk and by encouraging timely corrective action.
Building Safety Month also presents an opportunity to highlight the City’s broader safety infrastructure and to reinforce public awareness that building safety is supported not only through code adoption, but also through local implementation, inspections, responsiveness to concerns, and interdepartmental coordination. Recognition of this observance would help elevate the role of the City’s Code Compliance Division and emphasize the importance of maintaining safe housing and property conditions throughout the community.
Strategic Plan Goal:
This item supports the following Strategic Plan goals:
1. Ensure Public Safety with a Modernized and Community Oriented Approach: Recognition of Building Safety Month aligns with the City’s commitment to public safety by highlighting the importance of proactive inspections, code compliance, and responsiveness to unsafe or substandard property conditions. Through multifamily apartment inspections and attention to tenant and neighborhood concerns, the Code Compliance Division contributes directly to a safer and more community-oriented approach to local government services.
3. Strengthen our Local Economy and Enhance Housing Opportunities: Safe and well- maintained housing is an important part of a healthy community. By supporting inspections, responding to habitability concerns, and encouraging compliance with minimum safety standards, the City helps preserve the quality and stability of its housing stock, including multifamily residential properties.
5. Expand Access to Community Resources and Services: The City’s responsiveness to tenant concerns and property-related complaints reflects its commitment to accessible municipal services. The Code Compliance Division serves as an important point of contact for residents seeking assistance with unsafe, unhealthy, or non-compliant conditions that affect their living environment.
6. Enhance Public Communication and Civic Engagement to Reach All Members of Our Community: Building Safety Month creates an opportunity for the City to educate residents about the importance of building safety, code compliance, and the role of local government in protecting community well-being. Public recognition of this observance supports broader civic awareness and encourages resident understanding of the City’s safety-related services.
Fiscal Impact:
None.
Attachments:
1. Resolution
Staff Report
May 6, 2026
ATTACHMENT 1
Resolution
Resolution No.
RESOLUTION NO.___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MONTEREY PARK RECOGNIZING MAY 2026 AS
BUILDING SAFETY MONTH
BE IT RESOLVED by the Council of the City of Monterey Park as follows:
SECTION 1: The City Council finds as follows:
A. Safe, well maintained, and resilient buildings are essential to protecting the health, safety, and welfare of the community; and strong building and property standards play a critical role in preserving the quality of life for all residents.
B. Building Safety Month is observed each May to raise awareness of the importance of building safety, modern codes, and the professionals whose work helps protect homes, neighborhoods, and public spaces.
C. The City of Monterey Park recognizes that building safety is supported not only through code adoption, but also through consistent implementation, inspection, responsiveness to concerns, and proactive efforts to address unsafe or deteriorated conditions.
D. The City’s Code Compliance Division plays an important role in advancing building safety through its work related to multi-family residential inspections, responses to tenant concerns, habitability related issues, and enforcement of conditions that may affect residents and neighborhoods.
E. Through these efforts, the City helps identify unsafe or substandard property conditions, encourages timely corrective action, and supports safe and healthy living environments for the community.
F. Building Safety Month provides an opportunity to recognize the important role of code enforcement professionals in protecting the built environment and upholding safety standards that support safe, healthy, and well-maintained communities.
G. The City Council finds that increasing public awareness of building safety also helps residents, property owners, tenants, and businesses better understand their shared role in maintaining safe, compliant, and well cared for buildings and properties.
H. Recognition of Building Safety Month reflects the City’s continued commitment to public safety, community-oriented service, housing quality, and the long term wellbeing of its residents.
Resolution No.
I. The City of Monterey Park recognizes May 2026 as Building Safety Month and highlights the value of local efforts that support safe, healthy, and well-maintained communities.
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 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 6th day of May 2026.
________________________________
Elizabeth Yang, Mayor
Attest:
__________________________
Maychelle Yee, City Clerk
Resolution No.
State of California )
County of Los Angeles) §.
City of Monterey Park )
I, Maychelle Yee, City Clerk of the City of Monterey Park, California, do hereby certify that the foregoing Resolution No. was duly and regularly adopted by the City Council of the City of Monterey Park at a regular meeting held on the 6 th day of May, 2026, by the following vote:
Ayes: Council Members:
Noes: Council Members:
Absent: Council Members:
Abstain: Council Members:
Dated this 6th day of May 2026.
Maychelle Yee, City Clerk
Monterey Park, California
City Council Staff Report
Date: May 6, 2026
Agenda Item Number: 10.O.
To: The Honorable Mayor and City Council
From: Diana Garcia, Assistant City Manager
Rebecca Bojorquez, Principal Management Analyst
Subject: Mental Health Awareness Month Resolution (As Requested by Mayor Yang)
Recommendation:
It is recommended that the City Council consider:
1. Adopting the attached resolution; and
2. Taking such additional, related, action that may be desirable.
Executive Summary:
The attached resolution is being brought forth to the Council for consideration at the request of Mayor Yang.
Background:
N/A
Strategic Plan Goal:
N/A
Fiscal Impact:
There is no expected fiscal impact associated with adopting this resolution.
Attachments:
1. Mental Health Awareness Month Resolution
Staff Report
May 6, 2026
ATTACHMENT 1
Resolution
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY
PARK, CALIFORNIA, DECLARING AND RECOGNIZING THE MONTH
OF MAY 2026 AS MENTAL HEALTH AWARENESS MONTH
BE IT RESOLVED by the Council of the City of Monterey Park as follows:
SECTION 1: The City Council finds as follows:
A. Mental health is a state of mental well-being that enables individuals to cope with the stresses of life, realize their abilities, learn well and work well, and contribute to their community. Mental health is an essential part of one’s well-being, impacting individuals, families, and communities across the nation.
B. Initiated by Mental Health America in 1949, May has been recognized as Mental Health Awareness Month and provides an opportunity to raise awareness and educate the public about mental health and reduce the stigma surrounding mental illness.
C. One in five American adults experiences a mental health condition each year and everyone faces challenges in life that can impact their mental health. Mental health remains shrouded in stigma despite its prevalence, preventing many from seeking help, and early intervention and access to quality care are crucial for managing mental health conditions and improving our overall quality of life.
D. Designated by its founding organization (Mental Health America), the 2026 theme of Mental Health Awareness Month, is “More Good Days, Together.” Although society is getting more comfortable with discussing mental health, it is important to know where to start seeking help when pressures from work, school, relationships, and societal factors (e.g., politics, climate change, and the economy) begin to impact our daily lives.
E. The Monterey Park City Council encourages all residents to: educate themselves and others about mental health conditions, treatment options, and available resources; seek help if they are struggling with their mental health and encourage others to do the same; challenge stigma by speaking respectfully and inclusively about mental health; and create safe and supportive environments for open conversations about mental health.
F. Learning, acting on, and advocating for everyone’s mental health will help foster a community where everyone feels empowered to prioritize their mental well-being and seek help when needed. The Monterey Park City Council hereby proclaims the month of May 2026 as Mental Health Awareness Month to increase public understanding of the importance of mental illness and to promote early identification and treatment.
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 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 6th day of May 2026.
________________________________
Elizabeth Yang, Mayor
Attest:
__________________________
Maychelle Yee, City Clerk
City Council Staff Report
Date: May 6, 2026
Agenda Item Number: 10.P.
To: The Honorable Mayor and City Council
From: Diana Garcia, Assistant City Manager
Rebecca Bojorquez, Principal Management Analyst
Subject: Asian American, Native Hawaiian, and Pacific Islander Heritage Month Resolution (As Requested by Mayor Yang)
Recommendation:
It is recommended that the City Council consider:
1. Adopting the attached resolution; and
2. Taking such additional, related, action that may be desirable.
Executive Summary:
The attached resolution is being brought forth to the Council for consideration at the request of Mayor Yang.
Background:
N/A
Strategic Plan Goal:
N/A
Fiscal Impact:
There is no expected fiscal impact associated with adopting this resolution.
Attachments:
1. Asian American, Native Hawaiian, and Pacific Islander Heritage Month Resolution
Staff Report
May 6, 2026
ATTACHMENT 1
Resolution
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY
PARK, CALIFORNIA, DECLARING AND RECOGNIZING THE MONTH
OF MAY 2026 AS ASIAN AMERICAN, NATIVE HAWAIIAN, AND
PACIFIC ISLANDER HERITAGE MONTH
BE IT RESOLVED by the Council of the City of Monterey Park as follows:
SECTION 1: The City Council finds as follows:
A. Asian Americans, Native Hawaiians, and Pacific Islanders (AANHPI) strengthen our economy as entrepreneurs, business owners, and employees who initiate and expand opportunities for their families, communities, and country. Their languages, art, cuisine, and other cultural elements have enriched the American experience. Many have fearlessly responded to the call of duty to defend our freedom as Armed Forces members.
B. Approximately 21 million residents of the United States identify themselves as Asian, and approximately one million residents identify themselves as Native Hawaiian or other Pacific Islanders, totaling about 6.6% of the entire United States population.
C. In 1977, Congress introduced a House resolution to proclaim the first ten days of May as Asian/Pacific American Heritage Week, a celebration of Asians and Pacific Islanders in the United States. In October 1978, President Jimmy Carter signed into law a joint resolution that the President should proclaim a week, which included the seventh and tenth of the month, during the first ten days in May of 1979 as Asian/Pacific American Heritage Week.
D. During the following decade, U.S. Presidents passed annual proclamations for Asian/Pacific American Heritage Week until 1990, when Congress voted to expand the celebratory week to a month-long celebration. In May 1992, the month of May was permanently designated as Asian/Pacific American Heritage Month. On April 30, 2021, President Joseph R. Biden officially signed Proclamation 10189, now recognizing the month of May as AANHPI Heritage Month.
E. AANHPI Heritage Month is celebrated in May to commemorate two key milestones: the arrival of the nation’s first Japanese immigrants (May 7, 1843) and Chinese workers’ pivotal role in building the transcontinental railroad (completed May 10, 1869).
F. The Federal Asian Pacific American Council (FAPAC) has announced that the 2026 theme for AANHPI Heritage Month is “Power in Unity: Strengthening Communities Together”. This theme highlights the importance of leveraging
collective power, telling their stories, and being bridge builders in their communities.
G. Innovation, resilience, and a pioneering spirit are cornerstones of American leadership, and numerous AANHPI leaders have made lasting contributions to our nation’s economic prosperity, technological advancements, and social/political change through their ingenuity and creativity while navigating significant cultural and systemic barriers.
H. Understanding history is essential for celebrating AANHPI Heritage Month. The AANHPI community has endured and overcome hardship and heartache. In the earliest years, tens of thousands of Gold Rush pioneers, coal miners, transcontinental railroad builders, and farm and orchard laborers were subject to unjust working conditions, prejudice, and discrimination, yet they excelled.
I. Even in the darkness of the Exclusion Act and Japanese Internment, Asian Americans, Native Hawaiians, and Pacific Islanders have persevered, providing for their families and creating opportunities for their children. We acknowledge these Americans’ contributions to government, industry and commerce, agriculture, science, literature, and the arts.
J. California has one of the most prominent AANHPI populations in the nation.
We acknowledge the historical and cultural contributions of AANHPI community to the development of California.
K. The diversity of these groups includes Asian Indian, Bengali, Burmese, Cambodian, Chinese, Filipino, Guamanian, Hawaiian, Hmong, Indonesian, Japanese, Korean, Lao, Malayan, Okinawan, Pakistani, Samoan, Thai, Vietnamese, and others.
L. The City of Monterey Park is well-known for its vibrant AANHPI community.
More than 65.0% of its community members identify themselves as AANHPI which continues to contribute to the City’s melting pot of cultures, diversity, and sense of belonging.
M. The City of Monterey Park is also renowned for its cultural, educational, and festive programs celebrating the AANHPI community such, as the Cherry Blossom Festival and Lunar New Year Festival. Both festivals attract thousands of visitors from all over the world annually to celebrate the rich tapestry of AANHPI culture through food, music, and cultural performances.
N. The people of the United States join together each May to pay tribute to the contributions of generations of AANHPI that enriched the history of the nation, and the Monterey Park City Council hereby proclaims May 2026 as AANHPI Heritage 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 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 6th day of May 2026.
________________________________
Elizabeth Yang, Mayor
Attest:
__________________________
Maychelle Yee, City Clerk
City Council Staff Report
Date: May 6, 2026
Agenda Item Number: 10.Q.
To: The Honorable Mayor and City Council
From: Diana Garcia, Assistant City Manager
Rebecca Bojorquez, Principal Management Analyst
Subject: Missing and Murdered Indigenous People Awareness Month (As Requested by Mayor Pro Tem Lo)
Recommendation:
It is recommended that the City Council consider:
1. Adopting the attached resolution; and
2. Taking such additional, related, action that may be desirable.
Executive Summary:
The attached resolution is being brought forth to the Council for consideration at the request of Mayor Pro Tem Lo.
Background:
N/A
Strategic Plan Goal:
N/A
Fiscal Impact:
There is no expected fiscal impact associated with adopting this resolution.
Attachments:
1. Missing and Murdered Indigenous Peoples Awareness Month Resolution
Staff Report
May 6, 2026
ATTACHMENT 1
Resolution
Resolution No.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY
PARK, CALIFORNIA, DECLARING AND RECOGNIZING THE MONTH
OF MAY 2026 AS MISSING AND MURDERED INDIGENOUS PEOPLE
AWARENESS MONTH
BE IT RESOLVED by the Council of the City of Monterey Park as follows:
SECTION 1: The City Council finds as follows:
A. May is Missing and Murdered Indigenous People (MMIP) Awareness Month, a time dedicated to raising awareness of the alarming number of Indigenous women, girls, Two-Spirit individuals, and people who have gone missing or have been murdered in the United States.
B. MMIP Awareness Month seeks to spotlight the often overlooked and marginalized experiences of Indigenous people and their communities, highlighting the urgent need for justice, support, and action to address this ongoing crisis.
C. The epidemic of MMIP encompasses a broad scope of crimes, including domestic violence which contributes to many homicides among American Indian/Alaska Native females. In some tribal communities, American Indian/Alaska Native women face murder rates that are more than 10 times the national average.
D. For decades, Indigenous communities have struggled with high rates of abduction, assault, and murder of tribal members. The Centers for Disease Control and Prevention has also reported that homicides are one of the leading causes of death among American Indians/Alaska Natives.
E. MMIP is a concerning issue, and in 2020, the U.S. government passed and signed two Acts to help mitigate the crisis. Savanna’s Act increased U.S. governmental agency coordination to reduce violent crimes within tribal lands and against American Indians/Alaska Natives, and the Not Invisible Act directed the U.S.
Department of Justice to review, revise, and develop law enforcement and justice protocols to address MMIP.
F. According to the U.S. Department of the Interior Bureau of Indian Affairs, community advocates have described the crisis as a legacy of generations of government policies of forced removal, land seizures, and violence inflicted on Native peoples. More than 1.5 million American Indian and Alaska Native women have experienced violence in their lifetime.
G. MMIP Awareness Day is also observed every May 5th, honoring the birthday of Hanna Harris, a 21-year-old citizen of the Northern Cheyenne Tribe who went
Resolution No.
missing and was horrifically murdered in July 2013. Hanna is just one of many MMIPs who go missing and murdered every day, and MMIP Awareness Day commemorates the lives of MMIPs whose cases are documented and undocumented in public records and the media while drawing attention to the MMIP crisis.
H. There are still thousands of unsolved cases of MMIP who continue to cry out for healing and justice today. Many Native families have experienced the pain of having a relative disappear, and it is essential to keep the memory of MMIP at the forefront of our discussions as we continue to recognize and raise awareness of this ongoing crisis.
I. During MMIP Awareness Month, the City Council of Monterey Park honors the individuals missing and the lives lost. The City Council of Monterey Park expresses their deepest condolences to the families of MMIP and stands firm in their commitment to addressing this crisis.
J. The City Council of Monterey Park is committed to advocating for an end to violence and the inequities that catalyze the MMIP crisis. Tribal communities deserve safety and justice and City Council of Monterey Park stands in solidarity with Indigenous activists and advocates who continue to build a safer and more secure community.
K. The City Council of Monterey Park encourages community members to raise awareness of the issue of MMIP by educating themselves on the ongoing crisis and taking affirmative action through appropriate programs and activities. It hereby declares May 2026 as MMIP Awareness 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 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.
Resolution No.
PASSED AND ADOPTED this 6th day of May 2026.
________________________________
Elizabeth Yang, Mayor
Attest:
__________________________
Maychelle Yee, City Clerk
City Council Staff Report
Date: May 6, 2026
Agenda Item Number: 10.R.
To: The Honorable Mayor and City Council
From: Diana Garcia, Assistant City Manager
Rebecca Bojorquez, Principal Management Analyst
Subject: National Day of the Teacher and National Teacher Appreciation Week Resolution (As Requested by Council Member Sanchez)
Recommendation:
It is recommended that the City Council consider:
1. Adopting the attached resolution; and
2. Taking such additional, related, action that may be desirable.
Executive Summary:
The attached resolution is being brought forth to the Council for consideration at the request of Council Member Sanchez.
Background:
N/A
Strategic Plan Goal:
N/A
Fiscal Impact:
There is no expected fiscal impact associated with adopting this resolution.
Attachments:
1. National Day of the Teacher and National Teacher Appreciation Week
Staff Report
May 6, 2026
ATTACHMENT 1
Resolution
Resolution No.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF MONTEREY PARK
DECLARING MAY 5, 2026 AS NATIONAL DAY OF THE TEACHER AND MAY 4 THOUGH MAY 8, 2026 AS TEACHER APPRECIATION WEEK
BE IT RESOLVED by the Council of the City of Monterey Park as follows:
SECTION 1: The City Council finds as follows:
A. The quality and success of instructional programs are directly attributable to the dedication, professionalism, and extraordinary performance of the teachers and professionals who have committed their many skills, varied talents, and focused energies to providing superior learning opportunities for all students.
B. Classroom teachers, counselors, program specialists and other certificated staff possess unique and highly specialized skills that are essential in meeting the varied needs of the young people in our community.
C. The teachers in students' lives have a tremendous influence on their hopes, aspirations, and future success, making each student capable of taking up the challenges of life; and not only guide students academically, but also instill moral and ethical values.
D. Teachers fill many roles; as listeners, role models, motivators and mentors, and work to open students' minds to ideas, knowledge and dreams and to keep American democracy alive by laying the foundation for good citizenship; and by making a difference in young people's lives, they shape America's future.
E. The City of Monterey Park is home to Alhambra, Garvey, Los Angeles, and Montebello school districts and numerous private schools which educate our students and help shape their lives.
F. The City Council of Monterey Park commends and extends sincere gratitude to all Teachers for the outstanding, meaningful and innumerable contributions they make in the lives of the students in our schools and declares May 5, 2026 as National Day of the Teacher in Monterey Park and May 4 through 8, 2026 as Teacher Appreciation Week.
SECTION 2: Severability. If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provision or application and, to this end, the provisions of this Resolution are severable.
Resolution No.
SECTION 3: 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 4: 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 her duly appointed deputy, may attest thereto.
SECTION 5: Effective Date. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.
PASSED AND ADOPTED this 6th day of May 2026.
________________________________
Elizabeth Yang, Mayor
Attest:
__________________________
Maychelle Yee, City Clerk
City Council Staff Report
Date: May 6, 2026
Agenda Item Number: 10.S.
To: The Honorable Mayor and City Council
From: Diana Garcia, Assistant City Manager
Rebecca Bojorquez, Principal Management Analyst
Subject: National Asian American and Pacific Islander Day Against Bullying and Hate Resolution (As Requested by Council Member Wong)
Recommendation:
It is recommended that the City Council consider:
1. Adopting the attached resolution; and
2. Taking such additional, related, action that may be desirable.
Executive Summary:
The attached resolution is being brought forth to the Council for consideration at the request of Council Member Wong.
Background:
N/A
Strategic Plan Goal:
N/A
Fiscal Impact:
There is no expected fiscal impact associated with adopting this resolution.
Attachments:
1. National Asian American Pacific Islander Day Against Bullying & Hate Resolution
Staff Report
May 6, 2026
ATTACHMENT 1
Resolution
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY PARK, CALIFORNIA, DECLARING MAY 18, 2026, AS NATIONAL
ASIAN AMERICAN AND PACIFIC ISLANDER DAY AGAINST
BULLYING AND HATE
BE IT RESOLVED by the Council of the City of Monterey Park as follows:
SECTION 1: The City Council finds as follows:
A. The month of May is Asian American, Native Hawaiian, and Pacific Islander (AANHPI) Heritage Month, also known as Asian American and Pacific Islander (AAPI) Heritage Month.
B. May 18, 2026 would have been Vincent Chin’s 71st birthday. Chin was brutally murdered by two men at the age of 27 in a 1982 hate crime. His murder fueled a national Asian American activist movement that continues to this day.
C. Act To Change, a nonprofit organization working to end bullying for AAPI youth, has rallied the nation to recognize May 18 as the annual AAPI Day Against Bullying and Hate.
D. There has been a rise in bullying, discrimination, and hate crimes against the AAPI community since the start of the COVID-19 pandemic. Since 2020, there have been nearly 13,100 cases of anti-AAPI violence and hate reported and AAPI youth face unprecedented amounts of bullying online and offline.
E. In the AAPI community, this problem is often compounded by cultural, religious, and linguistic barriers that can keep youth from seeking and receiving help. In addition, certain AAPI groups (e.g., South Asian, Muslim, Sikh, Micronesian, LGBTQ+, immigrant, and limited English proficient youth) are more likely to be the targets of bullying.
F. The City of Monterey Park joins Act To Change in sharing one vision: a world where all youth, including AAPI youth, have the opportunity to grow up feeling proud and supported in the development of their identities and sharing of their stories.
G. The City of Monterey Park is committed to this important issue and encourages the public to foster dialogue, share resources, and learn more about what they can do to end bullying.
H. The City Council of Monterey Park honors AANHPI Heritage Month and Vincent Chin and hereby declares May 18, 2026, as National AAPI Day Against Bullying and Hate.
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 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 6th day of May 2026.
________________________________
Elizabeth Yang, Mayor
Attest:
__________________________
Maychelle Yee, City Clerk
City Council Staff Report
Date: May 6, 2026
Agenda Item Number: 11.A.
To: The Honorable Mayor and City Council
From: Karl Berger , City Attorney
Solange Fortenbach, Deputy City Attorney
Subject: Consideration and possible action to adopt Resolution No. 26-XX – A Resolution authorizing the recording of a Notice of Special Assessment for Nuisance Abatement against the owner of 509 W. Andrix St. (APN 5266-013-018)
Recommendation:
It is recommended that the City Council consider:
1. Adopting Resolution No. 26-XX to authorize the recording of a notice of special assessment for nuisance abatement on the owner of 509 W. Andrix Street; or;
2. Taking such additional, related, action that may be desirable.
Executive Summary:
During the past several years, the property located at 509 W. Andrix Street, APN 5266-013- 018 (“Property”) has consistently been in a state of blight, among other violations of the Monterey Park Municipal Code (“MPMC”) amounting to public nuisances. On January 20, 2026, City staff engaged in abatement of public nuisances on the Property, the costs for which the City is entitled to recoup.
The City Attorney accordingly recommends that the City Council adopt a Resolution authorizing the recording of a public nuisance abatement lien on the Property in order to recoup by special tax assessment the City’s costs of abating violations of the BMC.
Background:
509 W. Andrix Street is located in the City of Monterey Park, State of California, and can be more particularly described as Assessor’s Parcel Number 5266-013-018 (“Property”).
The Property is a one-story home located on a residential block. The owners of the Property are Wanny Z. Ma and Hak Ma (“Property Owners”). The main residence at the Property was
built in 1948 and is 1,026 square feet. The total lot area of the Property is 5,408 square feet.
The City’s code enforcement efforts at the Property goes back as far as August of 2023. These efforts centered addressing overgrown vegetation and excessive amounts of trash, junk and debris on the exterior of the Property, which was, among other things, attracting vermin and was a blight to the community. Between August 8, 2023, and January 14, 2026, Code Enforcement Officers (CEOs) inspected the exterior of the Property from the public right-of- way at least 15 times, consistently observing these violations continuing unabated.
Following numerous notices and administrative citations issued to the Property Owners, on October 13, 2025, a noticed administrative hearing was held in which the hearing officer determined that the Property was maintained in violation of MPMC § 4.30.050(J) – Overgrown Vegetation; MPMC § 4.30.050(L) – Trash, Junk, Debris; and CFC § 603.6 – Improper Use of Extension Cords, each constituting a public nuisance, and thus subject to abatement by the City if not brought into compliance within 30 days.
On January 13, 2026, the City obtained an abatement warrant issued by the Honorable Judge Michael Villalobos (“Warrant”). The Warrant authorized the City to abate Municipal Code violations, including removing overgrown vegetation; removing accumulated trash, just and debris; removing abandoned, broken, and unused equipment and machinery; and draining the stagnant water located in the Property’s pool. After still being unable to obtain voluntary compliance and being fully advised of the City’s intention to abate with personnel, on January 20, 2026, the City executed the Warrant and abated the Property, removing all items in violation of the MPMC from the Property’s exterior. The cost to abate the Property totaled $26,888.39.
On April 23, 2026, the City Attorney’s Office sent the Property Owners a “Demand Letter - Notice of Proposed Recording of Lien” (“Demand Letter”). The Demand Letter informed the Property Owners of the additional fees being demanded, as well as the date and time this Resolution would be heard for the opportunity to contest this demand to the City Council. The City has received no response.
It is our recommendation that the City Council move forward with adopting this Resolution authorizing the recording of this lien against the Property to be collected by special property tax assessment.
Strategic Plan Goal:
N/A
Fiscal Impact:
Adopting this Resolution is expected to result in recouping a substantial portion, if not all, of the City’s abatement costs to date related to the Property.
Attachments:
1. Draft Resolution
2. Demand Letter
ATTACHMENT 1
DRAFT RESOLUTION
Staff Report
May 6, 2026
CITY OF MONTEREY PARK
RESOLUTION NO. 26-XX
A RESOLUTION TO RECORD A NOTICE OF SPECIAL ASSESSMENT
FOR NUISANCE ABATEMENT 509 W ANDRIX STREET
(APN 5266-013-018).
THE CITY COUNCIL OF THE CITY OF MONTEREY PARK RESOLVES AS FOLLOWS:
SECTION 1: Recitals. The City Council finds and declares as follows:
A. 509 W Andrix is located in the City of Monterey Park, State of California, and can be more particularly described as Assessor’s Parcel Number 5266-013-018 (“Property”);
B. The Property is a one-story home located on a residential block. The owners of the Property are Wanny Z. Ma and Hak Ma. The main residence at the Property was built in 1948 and is 1,026 square feet. The total lot area of the Property is 5,408 square feet;
C. The City’s code enforcement efforts at the Property goes back as far as August of 2023. These efforts centered addressing overgrown vegetation and excessive amounts of trash, junk and debris on the exterior of the Property , which was, among other things, attracting vermin and was a blight to the community. Between August 8, 202 3, and January 14 , 202 6, Code Enforcement Officers (CEOs) inspected the exterior of the Property from the public right-of-way at least 15 times, consistently observing these violations;
D. Following numerous notices and administrative citations issued to the property owners, on October 13, 2025, a noticed administrative hearing was held in which the hearing officer determined that the Property was maintained in violation of MPMC § 4.30.050(J) – Overgrown Vegetation; MPMC § 4.30.050(L) – Trash, Junk, Debris; and CFC § 603.6 – Improper Use of Extension Cords, constituting a public nuisance, and was subject to abatement by the City if not brought into compliance within 30 days;
E. On January 13, 202 6, the City obtained an abatement warrant issued by the Honorable Judge Michael Villalobos (“Warrant”). The Warrant authorized the City to abate Municipal Code violations, including removing overgrown vegetation; removing accumulated trash, just and debris; removing abandoned, broken, and unused equipment and machinery; and draining the stagnant water located in the Property’s pool. After still being unable to obtain voluntary compliance and being
fully advised of the City’s intention to abate with personnel, on January 20, 2026, the City executed th e Warrant and abated the Property, removing all items in violation of the MPMC from the Property’s exterior. The cost to abate the Property totaled $26,888.39;
F. On April 23, 2026, the City Attorney’s Office sent the property owners a “Demand Letter - Notice of Proposed Recording of Lien”. The Demand Letter informed the property owner of the additional fees being demanded, as well as the date and time this Resolution would be heard for the opportunity to contest this demand to the City Council;
G. The City has not received any response from the property owner s regarding the Notice of Special Assessment; and
H. Pursuant to Government Code § 38773.5 and Monterey Park Municipal Code §
4.30.150, the City may recoup its abatement related costs in the form of a lien against the Property to be collected by special assessment.
SECTION 2. Approval. The City Council approves, confirms and adopts the Statement attached as Exhibit “A,” and incorporated by reference, and determines that each such charge, totaling $26,888.39, is proper and correct. Such charges constitute a lien on the real property upon which the public nuisance was abated and will be collected as a special assessment against the real property.
SECTION 3. Authorization. The City Clerk is directed to:
A. Mail a copy of the Notice of Special Assessment attached as Exhibit “B,” and incorporated by reference, to the property owner by certified mail;
B. File a certified copy of this Resolution (with attachments) with the Los Angeles County Assessor and Treasurer and Tax Collector;
C. Submit a certified copy of this Resolution (with attachments) with the Los Angeles County Recorder for recordation, pursuant to Government Code § 38773.5;
D. Direct the Los Angeles County Assessor to enter the amount of the charge against the real property described in this Resolution on the current assessment rolls; and
E. Take any other action necessary to effectuate this Resolution.
SECTION 4. The Los Angeles County Assessor and Treasurer and Tax Collector are requested to record a public nuisance abatement lien against the Property pursuant to MPMC § 4.30.150.
SECTION 5. This Resolution does not affect any penalty, forfeiture or liability incurred before, or preclude prosecution and imposition of penalties for any violation incurring before, this Resolution’s effective date. Any such amended part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Resolution.
SECTION 6. If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the pro visions of this Resolution are severable.
SECTION 7. Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 8. The Mayor, or presiding officer, is authorized to sign this Resolution signifying its adoption by the City Council of the City of Monterey Park and the City Clerk, or her duly appointed deputy, may attest thereto.
SECTION 9. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.
PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MONTEREY PARK ON THIS ____ DAY OF MAY, 2026.
____________________________
Elizabeth Yang, Mayor
ATTEST:
_______________________________
Maychelle Yee, City Clerk
APPROVED AS TO FORM:
________________________________
Solange Fortenbach, Deputy City Attorney
Exhibits: A – Statement of Abatement Costs
B – Notice of Special Assessment
Exhibit A
Accounting of 2023-2026 Abatement-Related Costs
Code Enforcement Costs
Hours Position Billable Rate Cost
27 Code Enforcement Officer $46.88 $1,265.76
1.5 Park Maintenance Supervisor $164.50 $246.75
1.5 Park Maintenance (1) $127.13 $190.69
1.5 Park Maintenance (2) $204.43 $613.29
1.5 Skip Load Tractor (1) $619.00 $928.50
1.5 Ride on Mower (1) $116.00 $1,218.00
1.5 Chain Saw (1) $44.00 $66.00
1.5 Backpack Blowers (2) $72.00 $216.00
1.5 String Trimmers (2) $68.00 $204.00
1.5 Dump Trucks (2) $40.00 $120.0
Total $5,068.99
Monterey Park City Attorney’s Office
Date Billed Amount
9/9/2025 $24.70
9/30/2025 $123.50
10/7/2025 $24.70
10/8/2025 $123.50
10/15/2025 $247.00
10/14/2025 $321.10
10/16/2025 $296.40
10/21/2025 $24.70
10/29/2025 $222.30
10/30/2025 $1,037.40
10/31/2025 $74.10
11/2/2025 $148.20
11/3/2025 $222.30
11/4/2025 $24.70
11/10/2025 $49.40
12/9/2025 $123.50
12/29/2025 $370.50
12/30/2025 $98.80
1/7/2026 $691.60
1/9/2026 $1,136.20
1/8/2026 $74.10
1/5/2026 $74.10
1/6/2026 $666.90
1/12/2026 $1,407.90
1/13/2026 $889.20
1/14/2026 $49.40
1/15/2026 $24.70
1/21/2026 $222.30
1/22/2026 $49.40
1/27/2026 $1,210.30
1/28/2026 $938.60
1/29/2026 $74.10
1/30/2026 $98.80
Total $11,164.40
G&S Junk Removal – Invoice
Date Description Amount
1/20/2026 Cleanup of Private Property $5,720.00
Total $5,720.00
Harold’s Key Shop Inc. – Invoice
Date Description Amount
1/21/2026 Locksmith $150.00
Total $150.00
Mariposa Landscaping Inc. – Invoice
Date Description Amount
2/4/2026 Tree Cutting $4,625.00
Total $4,625.00
Hearing Officer – Invoice
Date Description Amount
10-28-2022 Administrative Hearing $160
Total $160.00
Total 2023-2026 Abatement Costs: $26,888.39
Exhibit "B"
Recording requested by:
City of MONTEREY PARK
When recorded, mail to:
City of Monterey Park
Attn: City Clerk
320 Newmark Avenue
Monterey Park, CA 91754
No fee per Government Code § 6103
NOTICE OF SPECIAL ASSESSMENT AND LIEN
NOTICE IS HEREBY GIVEN that the City of Monterey Park claims a special assessment against the real property hereafter described ("the subject property") for the costs it incurred to abate a public nuisance threat as ordered by City Council Resolution No. 2026-XX adopted on May 6 , 2026 (attached as Exhibit "1 "), pursuant to an abatement of public nuisance action. Additionally, attached as Exhibit "2" is a demand letter to the property owner outlining the specifics of the assessment and the required payment.
The amount of the abatement is $26,888.39.
Recordation of this notice against the subject properties is made pursuant to Monterey Park Municipal Code § 4.30.150(c). Once recorded, this notice will constitute a lien against the subject property until the special assessment is paid in full. The special assessment will be collected in the manner prescribed by Government Code § 38773.5.
In addition to constituting a lien against the subject properties, this special assessment will be a personal obligation of its owner(s).
Pursuant to Government Code § 38773.5(c), the owner of record of the subject property has been notified by certified mail as follows: THE PROPERTY MAY BE SOLD AFTER
THREE YEARS BY THE TAX COLLECTOR FOR UNPAI D DELINQUENT ASSESSMENTS.
This Notice concerns the following real property:
L.A. County A.P.N.: 5266-013-018
Street Address: 509 W Andrix Street, Monterey Park, CA 91754 Legal Description: TRACT NO 14993 LOT 51
The owners of record of the subject property according to Los Angeles County Assessor Records are Wanny Z. Ma and Hak Ma.
Signed the ______ day of May, 2026.
City of Monterey Park
___________________________
Inez Alvarez, City Manager
THIS PAGE IS FOR INSTRUCTION ONLY. DO NOT INCLUDE.
(ATTACH NOTARY PAGE RE CITY MANAGER SIGNATURE)
(ATTACH RESOLUTION AND A COPY OF THE NOTICE THAT WAS SENT TO THE
PROPERTY OWNER)
ATTACHMENT 2
DEMAND LETTER
Staff Report
May 6, 2026
Direct No.: 949.265.3416
[email protected]
Los Angeles – Inland Empire – Marin County – Oakland – Orange County – Palm Desert – San Diego – San Francisco – Silicon Valley – Ventura County 18300 Von Karman Avenue - Suite 650
Irvine, California 92612 -1032
voice 949.863.3363 - fax 949.863.3350
www.bwslaw.com
April 23, 2026
VIA CERTIFIED MAIL AND POSTING AT PROPERTY
Hak Ma and Wanny Z.
Ma 509 W. Andrix
Monterey Park, CA 91754
Re: DEMAND LETTER – Notice of Proposed Recording of Lien 509 W. Andrix, Monterey Park
AIN: 5266-013-018
Dear P
roperty Owners:
As you are aware, this law firm serves as the City Attorney’s Office for the City of Monterey Park (“City”), and I serve as its Deputy City Attorney. This letter notifies you of the City’s determination of collection by special assessment of the full cost of its abatement efforts to bring your property at 509 W. Andrix (“Property”) into compliance with the neighborhood preservation requirements of Monterey Park Municipal Code (“MPMC”) § 4.30.
This Property has a long history of code enforcement violations and notices from the City involving the accumulation of blight and prohibited items on the exterior of your Property going back as far as August of 2023. Following numerous notices and administrative citations issued to you, on October 13, 2025, a noticed administrative hearing was held in which the hearing officer determined that the Property was maintained in violation of MPMC § 4.30.050(J) (overgrown vegetation), MPMC §
4.30.050(L) (trash, junk, and debris), and CFC § 603.6 (improper use of extension cords), each constituting a public nuisance. These public nuisances were subject to abatement by the City if not brought into compliance by you within 30 days of the administrative hearing officer’s order.
On January 8, 2026, you were sent a “Notice of Intent to Abate and Inspect with City Personnel” where you were notified that on or around January 15 th the City would
be seeking an abatement warrant to abate all nuisances existing on the exterior of the Property. In addition, you were informed of the City’s intent to inspect the interior of the
Ma Hak and Wanny Z. Ma
April 23, 2026
Property to assess its condition. On or around January 11th, 2026, you notified my office that you were taking steps to remove blight from the exterior of the Property.
On January 13, 2026, the City obtained an abatement warrant and an inspection warrant issued by the Honorable Judge Michael Villalobos. On that same day, you were sent a “Second Notice of Intent to Abate with City Personnel” whereby you were notified that the City would be extending the deadline to achieve compliance to January 20, 2026, at which point the City would abate all nuisances existing on the exterior of the Property. On January 14, 2026, City Code Enforcement Officers posted the Second Notice on the Property, at which point they observed no substantive changes to the exterior’s condition.
After being unable to obtain voluntary compliance and being fully advised of the City’s intention to abate with personnel, on January 20, 2026, the City executed that warrant and abated your Property, removing all items in violation of the MPMC from the Property’s exterior. The cost to abate the Property totaled $26,888.39. An accounting of these costs is attached hereto as Exhibit A1.
Please be advised that pursuant to MPMC Chapter 4.302, the City is entitled to recover its abatement-related costs from you.
The City has determined abatement costs up to the present total to be $26,888.39. This amount is subject to increase until final payment is made as further legal fees accumulate to collect these outstanding costs.
Please be further advised that you have until May 6, 2026, to remit to the City the total sum of $26,888.39 by cashier’s check to avoid the City seeking and imposing a special assessment lien on the Property. Payment should be made out to “City of Monterey Park,” should reference “Abatement reimbursement for 509 W. Andrix Street,” and can be submitted in person or mailed.
Please be further advised that pursuant to MPMC § 4.30.150(a), “persons failing to abate a public nuisance as ordered pursuant to this chapter, will be obligated to pay all city expenses of abating the nuisance and all administrative costs associated therewith.”
1 Also included in Exhibit A is the total amount of unpaid administrative citations you owe the City. 2 The Monterey Park Municipal Code may be accessed at https://ecode360.com/43876702#43876702.
Ma Hak and Wanny Z. Ma
April 23, 2026
Please be further advised of the following pursuant to MPMC § 4.30.150:
C. Recording. The city's nuisance abatement lien will then be recorded in the Los Angeles County recorder's office, and from the date of recording, will have the force, effect, and priority of a judgment lien.
D. Special Assessment. The city's total costs described in this section may also be collected as a special assessment against the lot or parcel on which the nuisance existed. After recordation of the nuisance abatement lien the city may provide a copy of the notice of proposed recordation, proof of service, and the recorded lien to the tax collector and the tax collector will add the described special assessment payments to the next regular tax bill levied against the respective lots or parcels and the amounts will be collected and subject to the same penalties and the same procedure under foreclosure and sale as in the case of tax delinquencies. However, if any real property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrance for value has been created and attached thereon, before the date on which the first installment of the taxes would become delinquent, then the cost of abatement will not result in a lien against the real property but instead will be transferred to the unsecured roll for collection. […]
F. Fees. Any fees incurred by the city for processing, recording of the lien and providing notice to the property owner may be recovered by the city as part of its foreclosure action to enforce the lien.
Please be further advised that on May 6, 2026 at 7:00 p.m., a resolution will be brought before the Monterey Park City Council at its regularly scheduled council meeting to authorize a special assessment for the collection of all abatement costs pursuant to MPMC § 4.30.140. You are free to attend this meeting and be heard by the City Council on this matter, contest the amount of the lien being pursued, or otherwise challenge this resolution to record the lien against your Property.
Please feel free to contact me with any questions you may have relating to the demand for payment at [email protected] or (949) 265-3416. Please contact Senior Code Compliance Officer Reymundo Lozano at (626) 307-1316 for questions regarding gaining compliance with the MPMC.
M
a Hak and Wanny Z. Ma
April 23, 2026
Sincerely,
BURKE, WILLIAMS & SORENSEN, LLP
Solange Fortenbach
A
ttachments:
Exhibit A – Abatement Costs
cc: R
eymundo Lozano, Senior Code Compliance Officer
Timothy Campen, Assistant City Attorney
Karl H. Berger, City Attorney
Exhibit A
Accounting of 2023-2026 Abatement-Related Costs
C
ode Enforcement Costs
Hours Position Billable Rate Cost
27 Code Enforcement Officer $46.88 $1,265.76
1.5 Park Maintenance Supervisor $164.50 $246.75
1.5 Park Maintenance (1) $127.13 $190.69
1.5 Park Maintenance (2) $204.43 $613.29
1.5 Skip Load Tractor (1) $619.00 $928.50
1.5 Ride on Mower (1) $116.00 $1,218.00
1.5 Chain Saw (1) $44.00 $66.00
1.5 Backpack Blowers (2) $72.00 $216.00
1.5 String Trimmers (2) $68.00 $204.00
1.5 Dump Trucks (2) $40.00 $120.00
Total $5,068.99
Mo
nterey Park City Attorney’s Office
Date Billed Amount
9/9/2025 $24.70
9/30/2025 $123.50
10/7/2025 $24.70
10/8/2025 $123.50
10/15/2025 $247.00
10/14/2025 $321.10
10/16/2025 $296.40
10/21/2025 $24.70
10/29/2025 $222.30
10/30/2025 $1,037.40
10/31/2025 $74.10
11/2/2025 $148.20
11/3/2025 $222.30
11/4/2025 $24.70
11/10/2025 $49.40
12/9/2025 $123.50
12/29/2025 $370.50
12/30/2025 $98.80
1/7/2026 $691.60
1/9/2026 $1,136.20
1/8/2026 $74.10
1/5/2026 $74.10
1/6/2026 $666.90
1/12/2026 $1,407.90
1/13/2026 $889.20
1/14/2026 $49.40
1/15/2026 $24.70
1/21/2026 $222.30
1/22/2026 $49.40
1/27/2026 $1,210.30
1/28/2026 $938.60
1/29/2026 $74.10
1/30/2026 $98.80
Total $11,164.40
G&S Junk Removal – Invoice
Date Description Amount
1/20/2026 Cleanup of Private Property $5,720.00
Total $5,720.00
Harold’s Key Shop Inc. – Invoice
Date Description Amount
1/21/2026 Locksmith $150.00
Total $150.00
Mariposa Landscaping Inc. – Invoice
Date Description Amount
2/4/2026 Tree Cutting $4,625.00
Total $4,625.00
Hearing Officer – Invoice
Date Description Amount
10-28-2022 Administrative Hearing $160
Total $160.00
Total 2023-2026 Abatement Costs: $26,888.39
INVOICE
G&S
538 N Fair Oaks Ave
Pasadena, CA 91103
[email protected]
+1 (626) 217-0083
www.gsjunkremoval.com
Bill to
City of Monterey Park
320 W. NEWMARK AVE
MONTEREY PARK, Ca 91754
Invoice details
Invoice no.: 2984
Terms: Due on receipt
Invoice date: 01/26/2026
Due date: 01/26/2026
# Date Product or service Description Qty Rate Amount
1. 01/20/2026 Cleanouts 3 loads, labor and disposal fees.
Address: 509 W Andrix
3 $1,800.00 $5,400.00
2. Services Labor 1 hour downtime 4 $80.00 $320.00
Ways to pay
Contact G&S Junk Removal to pay.
Zelle 626-217-0083 Gallo Enterprise LLC
Vanemo @Gallo777
Total $5,720.00
Payment -$5,720.00
Balance due $0.00
Paid in Full
Invoice
101325SpHr
Bill To:
City of Monterey Park
Attn: Marco Martinez
320 West Newmark Ave
Monterey Park, CA 91754
1265
Net 30
11/18/2025
Phone # 949-752-6937
Fax # 949-752-6972
[email protected] www.CitationProcessingCenter.com Invoice Total
Total Amount Due
Payments/Credits
Prepared by: _________________________
Reviewed by: _________________________
In order to be
environmentally friendly
and for your convenience,
we have begun electronic
billing. If you would like to
participate, please contact
us at the email below.
2603 Main Street
Suite 300
Irvine, CA 92614
Invoice Number:
Entity Number:
Terms:
Sent Date:
DESCRIPTION QUANTITY PRICE AMOUNT
Hearings Performed - Public Nuisance - Public Nuisance Hearing 1 85.00 85.00 Special Hearing Request Fee 1 75.00 75.00
Los Angeles County - Monterey Park Sales Tax 9.50% 0.00 $160.00
$160.00
$0.00
Harold’s Key Shop Inc.
13217 Beverly Boulevard
Whittier, CA 90601-3606
$ HAROLD'S KEY SHOPINC. $
WY
626-289-4850
*x INVOICE xx
Building Maintenance No.: 556676
City of Monterey Park Customer No.: 23B
320 W. Newmark Ave. Salesperson: N/A
Monterey Park, Ca 91754 Date: 21-Jan-26
e-mail: [email protected]
= CODE ENFORCEMENT 0.00 0.00 0.00
509 W ANDRIX
L00190L SERVICE CALL & STANDBY 1.00 150.00 150.00
TIME
SUBTOTAL 150.00
SALES TAX 10.5 % 0.00
SALES TAX 9.25% 0.00
SALES TAX 9.75 % 0.00
TOTAL 150.00
ON ACCOUNT 150.00
Authorization Signature:
Xx
Thank You for Your Business
February 4 ,2026
PROPOSAL
Lizbeth Rodriguez — Code Enforcement Officer
320 W. Newmark Alhambra Ave.
Monterey Park CA 91755
(626) 999 1032 Fax (626) 307 2590
[email protected]
Re: 509 W Andrix St Monterey Park Ca
Description
Price
Terms:
Exclusions:
Time
Limits
This proposal provides for all labor material, and equipment to perform the following services at 509 W Andrix St City of Monterey Park. This project has been discussed with Lizbet Rodriguez on 02/03/2026 Work Includes:
Flush cut Ficus tree in back by the pool.
Total price for above describe WOrK..........sssssessessssseseee. 94,625.00 Four Thousand Six Hundred Twenty FiveAnd00/100 Dollars.
Total due upon completion.
Prevailing wages, any unforeseen underground obstacles, and anything not mentioned. City permits and any damage to the structure due to our operations.
Project start date is to be determined by client.
Time limit for the acceptance of this proposal is 30 calendar days from the above date.
Respectfully submitted,
Enrique Figueroa — Account Manager
[email protected]
Cell (626)523-0413 Fax (626) 960-8477
人 TEL 800。794。9458 + Fax 626。960。8477 + www.mariposa-ca.com 15529 ARROW HIGHWAY, IRWINDALE, CA 91706 + CA CONTRACTOR'S LIC# 592268 A, C-27, D-49 Blending Nature and Craftsmanship to Create Ultimate Outdoor Settings
Lizbeth Rodriguez-Code Enforcement Officer
Signature and Date