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Monterey Park/

City Council Meeting — November 15, 2023

Video

TL;DR

The council adopted a series of policy actions—including the MPK Rewards termination, BID levy, and MOU with LACMTA—while negotiating a delayed subpoena strategy for the Atlantic Square redevelopment.

  • Announcement of permanent City Manager Inez Alvarez28:47
  • Motion to pass Resolution 6A (Family Court Awareness Month)32:35
  • Motion to pass Resolution 6B (National Homeless Youth Awareness Month)34:04
  • Public‑comment session on Chandler & Hellman intersection safety21:09
  • Fire Dept. presentation on December 16 community‑preparedness clinic34:28
  • Police Dept. update on Neighborhood Watch and homeless outreach40:01
  • Motion to discontinue MPK Rewards (option 2)88:17
  • Motion to adopt BID No. 1 assessment for 2024104:27
  • Motion to authorize MOU with LACMTA (RIITS)182:41
  • Motion to award contract to All American Asphalt183:05
  • Motion to extend meeting by 30 minutes for Atlantic Square discussion270:44
  • Council postpones subpoena vote until January 17280:15

Summary

The November 15, 2023 meeting saw the council approve several policy items and resolve ongoing public‑service issues. The MPK Rewards program was discontinued (option 2) and a $30,000 fund was allocated for final redemptions [minutes]. The council also adopted the Downtown Business Improvement District (BID) assessment for 2024 and the Family Court and National Homeless Youth Awareness Months, all unanimously [minutes]. A Memorandum of Understanding with LACMTA for RIITS and a contract award to All American Asphalt were authorized, and the city approved a beer‑garden for its birthday celebration [minutes]. In parallel, staff presented a $20 million water‑system bond proposal; the council directed the bonding process to begin but deferred a vote [minutes]. The most substantive debate centered on Atlantic Square, where the council agreed to extend the meeting and postpone subpoena action until January 17, giving TRC a deadline for CUP amendment and tenant plans [minutes]. Throughout the meeting, council members engaged in public‑comment sessions on traffic safety at Chandler & Hellman and the city’s family‑court resources, while staff updates covered water infrastructure, pension bond buy‑back options, and the Community Healing Fund closure [transcript].

Transcript
Unknown Speaker -

Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you.

Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you.

Unknown Speaker -

I know this is a fool. Everybody's got it. I know.

I know.

Thank you.

Unknown Speaker -

Thank you.

Thank you.

Thank you.

Thank you.

Unknown Speaker -

Good evening.

Council Member Jose Sanchez -

I'd like to welcome you all tonight to the Monterey Park City Council meeting. I'd like to start off by reading our mission statement for the city. The mission of the City of Monterey Park is to provide excellent services to enhance the quality of life for our entire community.

Unknown Speaker -

And our land acknowledgement.

Council Member Jose Sanchez -

We would like to acknowledge that the land we inhabit today was once known as the Tamangar, the home of the Gabriolino Tongva people. We show our respect to the Gabriolino Tongva people as well as all of the indigenous peoples past, present, and future, and honor their labor as original caretakers of this land. We commit to uplifting the Gabriolino Tongva people and invite you to acknowledge the history and join us in caring for this land, especially in November, which the City of Monterey Park has already declared as Native American Heritage Month.

Unknown Speaker -

So thank you so much.

Council Member Jose Sanchez -

We're going to go ahead and get started with, before we do, we're going to go ahead and start with our FlexSlu.

Unknown Speaker -

But first we'll get our, I'm sorry, our color guard, sorry, our color guard. Thank you.

Unknown Speaker -

Recording in progress.

Council Member Jose Sanchez -

And if I can invite you to please stand.

Thank you.

Unknown Speaker -

Outward face. Present colors.

Unknown Speaker -

And we have a special guest tonight who's going to be reading,

Council Member Jose Sanchez -

sorry, leading us in the flag salute. Aaron Zhang, a student from Monterey Highlands Elementary.

Unknown Speaker -

Go ahead.

Unknown Speaker -

Please stand, put your right hand over your heart, ready, begin.

Unknown Speaker -

I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all.

Unknown Speaker -

Color Guard, order colors.

Unknown Speaker -

Color Guard, outward face.

Unknown Speaker -

Color Guard, forward porch.

Unknown Speaker -

Post colors.

About eight. Dismissed.

Thank you.

Council Member Jose Sanchez -

And if we can take our seats. Actually, this is my favorite part of the city council meeting because we get to recognize one of our civic superstars within the Monterey Park community. So we thank you, Erin, for coming out tonight and for leading us in the flag salute. And I want to also acknowledge and thank mom.

Unknown Speaker -

And is this your sister, Erin? Yes. All right. Very good.

Council Member Jose Sanchez -

And our Monterey Highlands principal, Mr. Abel Bourbaugh, for being here tonight. And if I can ask the council to join me down here for a certificate presentation.

Thank you, Aaron, so much for leading us today in the flag salute.

Unknown Speaker -

We really appreciate you coming out. And thank you, Mom, for on this cold and rainy day to making it out. And Mr. Bourbon as well.

Council Member Jose Sanchez -

You are the best in Monterey Park. And we know that also schools are the bedrock of our community.

Unknown Speaker -

So we love that we are engaging and that we have students coming in at every council meeting to participate in this.

Council Member Jose Sanchez -

So on behalf of the city of Monterey Park, I wanted to present you with a certificate, Aaron, that you can put up. And I'm sure Santa's going to bring something very good for you this year.

Unknown Speaker -

I'm sure he's smiling down right now. Let's give him a round of applause, please. Yeah. Aaron, if you can join us here in the center, we'll take a picture. And Mom? Mr. Bubba as well.

Thank you.

Thank you.

Unknown Speaker -

Thank you.

Unknown Speaker -

All right. Thank you so much.

Council Member Jose Sanchez -

It's always so great to have students in our council meetings. I go ahead and ask our city clerk to take a roll call, please.

Unknown Speaker -

Council Member Lo.

Unknown Speaker -

Present.

Unknown Speaker -

Council member Yu here. Council member Ngo. Present. Mayor Pro Tem Wong. Present. Mayor Sanchez. Present. We have a quorum. Thank you. City manager, city attorney, are there any agenda additions, deletions, or changes?

Karl Berger -

None from the city manager's office. None from the city attorney other than Mr. Mayor. You were going to make an announcement out of closed session.

Council Member Jose Sanchez -

Yes. So I would like to announce that during closed session, the city council has unanimously voted to drop the interim from our city manager and put her in a permanent position. So please help me and congratulate our city manager, Ms. Inez Alves.

We are so proud of her and to have her here in Monterey Park.

Unknown Speaker -

Thank you, Inez.

Council Member Jose Sanchez -

We are going to go ahead and start with public communications.

City Clerk Maychelle Yee -

First speaker, Nadal Wouda.

Unknown Speaker -

Good evening. Hello, everyone. Last meeting, I talked about some subject, and I sent you the email today after the clerk office and police department refused to give me the information I requested. and according to them, I wrote what I'm going to say that now.

Unknown Speaker -

Again, I say, hello everyone and we the people. We don't live in a police state, neither some police cities. I went to the clerk's office and I requested a copy of my request information for the past three years and the deputy clerk Cindy Trank said she doesn't have any copy because the clerk office and she sent all the document requested information to the police department for the people to pick it up. I went to the police department where the lieutenant Gabriel and refused to give me what I requested as I want but as he or his department or I don't know who wants. He said, I must pick up all the documents together. Otherwise, they will not give it to me or provide it to me. And he wants me to agree with him about something he said. And I said, you can't force me to agree with you or disagree with you. We still live in a free state and city.

Unknown Speaker -

the assistant deputy clerk Helena Chu said

Unknown Speaker -

I don't like to see your face every day requesting information

Unknown Speaker -

I don't think

Unknown Speaker -

she has that right to say it to me or to any public or any person

Unknown Speaker -

the city clerk office and the police department office are some of them who I repeat some of them who

Unknown Speaker -

acts according to their egos, and some of them act like tyrant, evil, despicable, ignorant,

Unknown Speaker -

act like a gang and mafia members.

Unknown Speaker -

They act unprofessionally, uneducated, like they never trained as a police officer

Unknown Speaker -

and never been coached as an officer who applied the Constitution and the rule of laws.

Unknown Speaker -

moreover they think as their ego telling them they think they are above the constitution and the rule of law and as a superior to the public

Unknown Speaker -

who they are serving and working for the deputy city clerk Cindy Trang said the city clerk get instruction

Unknown Speaker -

I repeat instruction like we are in a police state or city

Unknown Speaker -

not to reply to any request information has been requested before.

Unknown Speaker -

Who gave here that instruction and why?

Unknown Speaker -

The city clerk must provide to any request information complying with the Information Act. When the requested information it was missing, no only not providing according to the laws, the city clerk should and must provide that information even when the information requested a thousand times and it complies with the laws.

Unknown Speaker -

Additionally, I don't like to be a servant for the servant who serve us as a public.

Unknown Speaker -

And I request from you, I just send you the email where the city clerk refused to give

Unknown Speaker -

me that information and the police department refused. especially, what's his name, Lieutenant Gabriel and Captain Huavis.

Unknown Speaker -

They want me to go under their order. Thank you.

Unknown Speaker -

Next speaker, Randy Kaye.

Good evening. I'm here to talk about Chandler and Helmut again.

Randy Kay -

This is the American Psychological Association definition of civic engagement. Individual and collective actions designed to identify and address issues of public concern. Civic engagement can take many forms, from individual volunteerism, to organizational involvement to electoral participation. It can include efforts to directly address an issue, work with others in a community to solve a problem, or interact with the institutions of representative democracy. We hope that you will attract, in your documented endeavors, to engage the public, individuals with characteristics essential to elected and appointed officials, integrity and accountability. Tonight, we are going to provide you with an example of civic engagement. Safety issues at Chandler and Hellman were identified after a series of accidents in August. We brought a team together with four residents from Monterey Park and one from Alhambra. Tonight, I would like to introduce and thank members of our team, Patricia, Robin, Marita, and Mike. Together, we engaged residents of Monterey Park, Alhambra, and individuals from local communities who passed through this intersection on a regular basis. Whether people were on their way to work, to school, to go shopping, for a walk, or a ride on their bike, hundreds stopped to talk to us. We were overwhelmed at how many people spent time with us describing their concerns about this intersection. We met a woman whose 14-year-old brother was hit while on foot crossing Chandler. a 19-year-old young man who admitted being terrified whenever he has to make a turn onto Hellman, and a woman who in August had an SGV pushed onto the sidewalk outside her home and threw her steel front gate into her garden. The driver was taken to the hospital by ambulance. Over the last three weeks, we've been outside in the local area at schools and businesses along Chandler, Hellman, and Emerson. We have not used an online petition that could be signed with just

Unknown Speaker -

to collect, and most of us are over 60.

Randy Kay -

We collected signatures from people face-to-face. We have truly engaged our community and met many of our neighbors. We are relieved by their kindness and thoughtfulness. Signatures were collected in an effort to make this work as real as possible. Today, we have a petition to present to you with 984 signatures. The petitioners are requesting three-way stop signs, extension of the Red Zone's Long-Hellman, and other safety measures at this intersection that are necessary to prevent accidents. As you can see, your community has recognized this intersection as a priority for prompt local government intervention to protect the safety of the public. At this time, we would appreciate your comments and would also like to ask these questions. Is the traffic camera going to be rescheduled? Is the Traffic Commission going to implement interim measures to improve safety and if yes what will they be and when will they be implemented how will accidents be reported accurately in the future can this issue be moved to an agenda item for the next City Council meeting will local police officers be assisting with citations for parking in red zones speeding and passing school buses when lights are flashing and children are boarding how will the community be informed about actions designed to improve safety at this location many have already

Unknown Speaker -

asked us this question so i have the questions if any of you would like to um if you would like to

Unknown Speaker -

respond to them and thank you very much um can you submit the questions to their city sure and we can

Unknown Speaker -

also submit the petition thank you through the dust and the dirt

Unknown Speaker -

on Chandler.

City Clerk Maychelle Yee -

Next speaker, Patricia Mesquite.

Unknown Speaker -

Good evening, everyone. I'm sorry. Good evening, everyone. I'm here also to speak on Chandler and Hellman.

Unknown Speaker -

So I have been a witness to most of the accidents that have happened there. I live there on that corner, actually.

Unknown Speaker -

So every time I've heard a loud sound, a noise or anything, a pow, boom, whatever, I already know I'm like in just that mode of just go out there and help the person. You know, you don't know what's going on, so you just need to be out there to help them. I mean, I'm right on that corner. So I've been out there, you know, many a times. One of the times, 2020, I believe it was 4th of July, about a little bit after 1 o'clock, I heard that crash again, and I went out there. I got to say, I was in my pajamas because I wasn't feeling to get out to the Fourth of July get-together just at that early time.

Unknown Speaker -

So I went out there. I witnessed a man maybe in about his early 40s shaking on the floor. He was hit. He was a motorcycle driver.

Unknown Speaker -

I believe somebody coming out of Chandler trying to make a left on Hellman,

Unknown Speaker -

and he was going east on Hellman. So pretty much they just collided. He had the right-of-way.

Unknown Speaker -

So when he got hit, he just got thrown like about 10 feet almost to my lawn.

Unknown Speaker -

So, I mean, it was the most ugliest thing to ever witness and be there and see this man. I mean, thank God he lived.

Unknown Speaker -

You know, he was very injured.

Unknown Speaker -

He had his gear on, but his motorcycle was in just so many pieces on Hellman, just all over the place. and I said to myself, Lord, help him, because I just had to go into that mode, like I said,

Unknown Speaker -

to just kind of help him call 911 with my roommate, and we were just there to help him. We have video there overlooking Hellman and everything that goes on, so we've been there to help a lot of the people that have crashed, just to give them the video just for the insurance purposes, because they've been mainly car accidents, like this is the first motorcyclist that I've seen get hit and this happened too. So I'm just here to speak on behalf of our team here, which we are all just right there, neighbors together. We've been all out there helping these individuals that we don't know. But we did speak to somebody this weekend.

Unknown Speaker -

I believe it was a lady and a man that said their father just got killed not too long ago, but it was a little bit further down on Baltimore

Unknown Speaker -

because that street is also very bad. I think all the intersections when you come out are really bad. but you know that's neither here or there we're just right now here speaking on helman and chandler thank you very much for your time thank you no more speakers thank you

Council Member Jose Sanchez -

um i'm gonna be uh council if it's okay with you i'd like to move some items um around uh just to be respectful of people's times here. In particular, if it's okay with you, I know we have a speaker who wishes to speak on item 6A, which is a resolution on declaring the month of November Family Court Awareness Month. And I know she's on Zoom, so if that's okay with you,

Unknown Speaker -

we can go ahead and have her go next so we'll go ahead and move item 6a and 6b

Council Member Jose Sanchez -

I mean I know that a lot of us are wearing our purple ribbon so it would

Unknown Speaker -

be appropriate at this time so we'll go ahead and start with item 6a a resolution

Council Member Jose Sanchez -

of the City Council of the City of Monterey Park declaring the month of November Family Court Awareness Month. Do we have a speaker?

Unknown Speaker -

Yes, I'm Sandy Ross.

Council Member Jose Sanchez -

Welcome. Thank you for being here tonight.

Unknown Speaker -

Thank you. Do you, do I, I should just speak now then?

Council Member Jose Sanchez -

Yes, if you can speak to the resolution and why this is important, that way the audience and also the council can hear.

Unknown Speaker -

Sure. Thank you so much, first of all, for issuing a resolution that November is Family Court Awareness Month.

Unknown Speaker -

And my name is Sandy Ross, and I'm part of California Protective Parents Association.

Unknown Speaker -

But tonight I come before you as a survivor of domestic violence and the protective parent of a child abuse survivor who's now an adult.

Unknown Speaker -

I can tell you firsthand that the only thing worse than handing your child over to your abuser

Unknown Speaker -

be anyone's issue. And that's what I've learned through doing years of advocacy on this. And this is happening in family court all the time. And I believe that our family court systems need the tools to work on these complex cases. And I have some really proud of this, but a couple years ago, a friend of mine came up with the idea. Another advocate, her name is Tina Swithin. She came up with the idea to declare November as Family Court Awareness Month. And I said, hey, I'm in on that.

Unknown Speaker -

And I will tell you, I'm super proud that last year, along with survivors across the country, we were able to secure 370 proclamations across 29 states. 16 states actually proclaimed November

Unknown Speaker -

as Family Court Awareness Month, and 120 proclamations were done in Southern California alone. Even bigger news than that is Senator Susan Rubio, a champion for domestic violence survivors and protecting children. She introduced a bill called Peaky's Law. Peaky's Law is named after a little boy who was murdered in a family court case. Mom tried to protect him, Anna, and it just didn't happen. So this bill was in honor of Peaky's life and the other children that have lost their lives in the court system. And the bill, Governor Newsom signed it on October 13th, and it provides for training topics, really important ones on domestic violence and child abuse. It also bans a very harmful treatment program that's been exclusively marketed to family courts. so I just want to say again I'm very very grateful to the city for issuing the resolution as I'm sure many of the residents who are dealing with this issue in silence so thank you very very much

Council Member Jose Sanchez -

thank you so much for sharing your story but also for being here tonight and speaking to the

Unknown Speaker -

resolution we just happen to have

Council Member Jose Sanchez -

Senator Rubio here at our

Unknown Speaker -

last council meeting and she spoke wow

Council Member Jose Sanchez -

And she spoke to a lot of other legislation that she passed through this term to help protect families and battered women who are going through a lot of these issues. But if it's okay with the council, we can take a vote on item 6A.

Unknown Speaker -

Oh, is there a motion?

Unknown Speaker -

I'll move to pass resolution item 6A. Is there a second? Second.

Unknown Speaker -

And if we can take a vote, please. Approved unanimously.

Council Member Jose Sanchez -

Thank you so much and we're happy

Unknown Speaker -

that the month of

Council Member Jose Sanchez -

November is Family Court Awareness Month here in the City of Monterey Park. Thank you so much for being here with us tonight.

Unknown Speaker -

Thank you.

Council Member Jose Sanchez -

The next item is 6B, which is a resolution of the City Council of the City of Monterey Park declaring the month of November National Homeless Youth Awareness Month. We actually in the city in the county, but also in our state, have the largest amount, actually, of homeless youth. And as an educator and teacher, I have several students, actually, this year, but throughout the years that have been homeless, and homeless in so many different capacities. And so I think this is so fitting for our city to be able to not just create awareness, but also try to find ways to try to find housing, but also try to help families and children who are suffering from homelessness. And that's part of the reason why we're wearing our purple ribbons today to bring awareness on this issue. So I appreciate those of you guys wearing the purple ribbon. And I'd like to make the motion to pass item 6B.

Unknown Speaker -

Seconded by Council Member Yu, if we can take a vote.

City Clerk Maychelle Yee -

Approved unanimously.

Unknown Speaker -

Thank you so much.

Council Member Jose Sanchez -

We'll go ahead and jump back to staff communications.

Unknown Speaker -

and we'll go ahead and start with the fire department.

Good evening.

David Goetz -

I'm Engineer David Goetz and here to talk about two things.

Unknown Speaker -

One is that we are going to be doing another community prep clinic

David Goetz -

that goes over emergency preparedness in the household. It is going to be at Sequoia Park, Saturday, December 16th, from 9 to noon.

Unknown Speaker -

Sorry, out of order.

David Goetz -

And, you know, we're going to be going over things like utility shutoffs, having emergency supplies, exit drills for family kind of contacts. We have a trailer that we have a lot of stuff to show off those items. We have, you know, a lot of brochures. Also to kind of get into people's heads that, you know, getting prepared is not only for you but for your family but also for your community. And, you know, maybe get some people that want to sign up and join our CERT program that is actively going right now. So hopefully we'll see you out at Sequoia Park Saturday, December 16th from 9 to noon we'll be out there. Also, with Thanksgiving coming up, we wanted to go over some safety tips because the leading cause of fires is kitchen fires. And the one day that has the most kitchen fires, Thanksgiving.

Unknown Speaker -

You know, too many pots on the stove, kind of, you know, too much chaos can lead to a fire.

David Goetz -

But some of the things that you can do to help reduce fire is flammable items like oven mitts and wind spoons. Oftentimes, you kind of use them and you put them right back by the stove burners.

Unknown Speaker -

Those can catch fire.

David Goetz -

Because there's so much going on, utilizing a timer. You don't want to kind of put something on the stove and let it go.

Unknown Speaker -

And all of a sudden, you're like, oh, it's three hours later.

David Goetz -

You know, set multiple timers. we have an Alexa in the kitchen that at my house all the time it's hey Alexa set a timer for 15 minutes and all of a sudden she's going off left and right but it's it's it's really good I don't know how we would keep things straight without a timer in the kitchen make sure that your smoke detectors are in place in the kitchen and working as well as try and keep kids and pets three feet away from the stove while you're cooking. I know that's a lot easier said than done, but kids love to reach up and grab those pot handles that are hanging over. And if they do

Unknown Speaker -

manage to grab one, they can be bringing down a pot of hot gravy or something that's just on them

David Goetz -

and lead to an injury and a burn. And then lastly, we also, we have a QR code

link for frying a turkey. But if, you know, going to the QR code is a little difficult. It's also on our Instagram. We just posted a video on deep frying a turkey and safety. It goes over, make sure you thaw that turkey. You put in a frozen turkey, it's going to be bad. So give yourself plenty of time, three days to start thawing that turkey. Make sure it's dried off,

Unknown Speaker -

pat dry. The giblets are pulled out. You don't want it, you know, wet water. It does not mix with

David Goetz -

really hot oil. When you Lor it, use a Loring device, whether it's a hook or something that came with your kit. Make sure you're wearing gloves, protective gear, and Lor it into the pot slowly, All right. You want to make sure that pot isn't overfilled. Usually the pots are going to have a fill line. It may look like, oh, you're probably going to need more. But once you put a giant turkey into that pot, it's going to come up and you're going to have more than enough. And make sure you're doing it outside, clearing away from the house, away from stuff that's slammable. And you have a very safe space if you can. That fire extinguisher that I'm sure everyone has in their kitchen.

Unknown Speaker -

Bring that outside and just have it on standby and ready.

Unknown Speaker -

Make sure if you're going to use the fire extinguisher, we use the acronym PASS, pull, aim, squeeze, sweep.

Unknown Speaker -

So you've got to pull the pin, otherwise that handle is not going to squeeze.

David Goetz -

You've got to aim it not at the fire, but at the base of the fire, because the fire is not going to do much. What's burning is you want to cover it with the dry chemical that's within.

Unknown Speaker -

Squeeze the handle, and then just easy sweeping the base of that fire to put it out.

Unknown Speaker -

So be safe, have a happy Thanksgiving, and hope to see everyone out Saturday, December 16th, for our next community prep clinic.

Unknown Speaker -

Thank you very much.

Council Member Jose Sanchez -

Thank you so much for that presentation and for all of the wonderful tips on how to keep safe during Thanksgiving.

Unknown Speaker -

Any questions or comments from the council?

Council Member Thomas Wong -

I'm just eagerly anticipating the demonstration from Chief Halleck on the turkey frying, which will hopefully happen the night of a council meeting.

Unknown Speaker -

So we'll see that.

Council Member Thomas Wong -

But no, thank you so much. And I know we're, I believe we're going to post some of these tips online and send these out.

Unknown Speaker -

Absolutely.

David Goetz -

Because keeping everyone safe makes our job easier.

Unknown Speaker -

Thank you. And community better. Absolutely. Thank you so much.

Council Member Jose Sanchez -

and if we can go ahead and jump to the next item which is uh police department

Unknown Speaker -

mr mayor members city council um it is november so uh our police officers and firefighters are growing their facial hair out my i was in briefing just now and i've got eight officers out tonight and all of them except the two youngest ones that i don't think can grow beards have all started to grow beards. So they'll be able to grow beards for prostate cancer awareness for the next two months until through December. And that time, they usually get too itchy and they want to shave them off or their wives or girlfriends or spouses want them to be shaved off by then. So it gets it out of their system. What I'm here to talk to you about is our Neighborhood Watch program. We've rekindled our Neighborhood Watch program. We've talked about it at council meetings. We're on our eighth or ninth Neighborhood Watch Block meeting now, which back before COVID, we had over 100 back in the mid-2000s. And unfortunately, the ebb and flow of the Neighborhood Watch program means they come and go. But we're rekindling that program, and it's been very successful so far. The way the program works is we go out to a neighborhood, we solicit the neighbors, we bring everybody together, We find a sponsor, and then we present to them crime issues, issues involving crime prevention. We talk about whatever their neighborhood issues are. But primarily, our job is to bring the neighborhood together. A lot of times, the neighbors don't know each other, so we encourage them to be able to share phone numbers, text messages, startup message boards, things like that, so they can communicate with each other when something happens. It's been successful so far. It's a campaign to get that out. So we're working on that all the time. Go ahead, next one. This is a QR code, and if you're interested in a Neighborhood Watch program in your neighborhood, this is how you can start it. You can email the Community Engagement Bureau. You can call us, or you can scan that QR code. We're updating the city's Police Department website right now with all the Neighborhood Watch information. but that's the way we start the program if people are interested. Plus the community outreach we do, we solicit them there also. It's already starting to itch and I just grew it like five minutes ago. Go ahead, next one. The next thing I want to talk about is our neighborhood engagement team. This is our homeless engagement team, the team that goes out and deals with mental health, deals with homeless in the city. This is a snapshot of our October stats, just to give you an idea. This is one month stats. We contacted 144 homeless people during that time period, and that's both patrol and our homeless team. There were 30 repeat contacts within there. And I think we've talked about it before, that to gain the trust of a lot of the homeless community, it takes five or six different encounters with our department to kind of gain the trust with them. And the homeless engagement team is very good at that. So there were 30 repeat contacts, 24 people accepted service, 30 declined service. So we do get people that declined service. And sometimes they become more of a problem for us. But we have very comprehensive service that we can provide them.

Unknown Speaker -

And we lay that all out for them. They understand that.

Unknown Speaker -

They're very accomplished at being homeless. They're out there on purpose. And they don't want services. They want to continue in that lifestyle. And we run into that on a regular basis. We sheltered four people.

Unknown Speaker -

And it seems like a low number based on the contacts, but the process of sheltering people is a team effort with us. And having four people off the street and in shelter and on their way to hopefully permanent housing is a big win for us.

Unknown Speaker -

And we'll continue to do that on a monthly basis.

Unknown Speaker -

21 people referred to LASA, which is the L.A. housing authority group that deals with preventing homelessness. They don't deal with mental health. They don't deal with dependency. They deal with simply homelessness. So they're a great partner for us. They have a lot of resources throughout the county. Some of the people we contact here in Monterey Park are already in the system with them. Others can refer to them if they're moving through Monterey Park and they're not spending time in Monterey Park. We find that they're either in the LASA system or want to be part of the LASA system.

Unknown Speaker -

Lakata is our partner that we use on Mondays and Fridays, and they deal with drug and alcohol dependency. Nine people were referred to that.

Unknown Speaker -

We continue to deal with about 15 encampments in town, and those are not active encampments. Those are the places we know encampments go up, and every day we're out there making sure that they're not going back up again.

Unknown Speaker -

That's private property, that's Caltrans property, and public property. And we actively go out there and contact the people at those encampments and provide them with wraparound services immediately to meet the requirements of the law.

After we've offered them those services, and I'm talking about immediate services, to where we can move them into a shelter right then and there, get them food vouchers, get them hotel vouchers,

Unknown Speaker -

everything they need, move their property, store their property, everything. If they still refuse to move, then we may take enforcement action with that.

Unknown Speaker -

We handled 19 mental health calls, and 10 of those required a long-term mental health follow-up with our clinician. So the NET team not only deals with homelessness, they deal with the mental health follow-up from patrol, and they deal with specific mental health calls that can't be handled by a normal patrol officer. And we had 19 of those last month. And these are pretty reflective of the prior months also, but this is a snapshot of what the team's doing now. Go ahead.

Unknown Speaker -

Also, I want to introduce you to a couple new employees I have. Kata Chiv is a lateral officer. He's assigned to field training. He's a graduate from Santa Ana College. He enjoys spending time with friends and family, and he's a martial artist, jujitsu. He enjoys the family atmosphere of our department and the giving back to the community. So he's kind of brand new with us, but we have high hopes for him. He's always got a smile on his face. So when you see him around, say hi. Go ahead. And we have a new dispatcher, Jessica. Jessica left us for a short period of time and went to Alhambra. And she saw the error of her ways and came back and is now one of our full-time dispatchers. She was a parking community service officer for us before she left. She always wanted to be a dispatcher, and we didn't have any openings. So now that we have an opening, she left Alhambra and came back. And so we have high hopes for her. She's a Monterey Park resident, went to ELAC, loves the community. here, wants to get back to the community. She's really focused on providing services to the people that call the station and providing the officers with the assistance they need. So two fantastic employees that I wanted to introduce to you tonight. Any questions that people have, any inquiries, anything they need from the police department, this is the easiest way to get a hold of us. We drive around in cars that everybody can recognize, and we're always here for the community for whatever they need. Little, big, it doesn't matter. We can handle the whole thing. Any questions? Mr. Mayor? Thank you, Chief, for that report and also for those numbers.

Council Member Jose Sanchez -

We appreciate you combining those and also the success on housing for houseless people.

Unknown Speaker -

So we appreciate that.

Council Member Jose Sanchez -

I know that that's actually a really good feat. So appreciate all the work that your team is doing on this.

Unknown Speaker -

Council Member Lo?

Unknown Speaker -

Yes, thank you.

Council Member Henry Lo -

And Chief, again, thank you and the entire police department for being out there every day for our community and know that this community highly values its first responders very much.

Unknown Speaker -

Yes. Question.

Council Member Henry Lo -

So I know, again, thank you for also working with us in the community to revitalize the Neighborhood Watch program. So right now you said you've had nine meetings.

Unknown Speaker -

Does that mean that we have nine, I guess, reconstituted Neighborhood Watches,

Council Member Henry Lo -

or do you have more meetings coming up?

Unknown Speaker -

To date, we've had nine separate neighborhoods

Unknown Speaker -

that we brought together and had meetings at.

Unknown Speaker -

We'll continue to have meetings at those nine.

Unknown Speaker -

We obviously want to grow, and we constantly are doing outreach. The officers now, when they go out on calls, they encourage the people on calls to become part of the program. We're coming up with a multilingual information card that gives, unfortunately, victims of crimes the information that they need to call us and be able to set up these programs. Because a lot of times they're frustrated after something like that, their car's been broken into or something like that, and they want to do something about it. And Neighborhood Watch is a great way to do it.

Unknown Speaker -

we can't have officers on every street corner at all times, but having the neighborhood with their eyes and ears open, seeing things that they don't recognize or they don't feel belong,

Unknown Speaker -

and have us and call us, that helps us interdict some of these criminals before they victimize the people in our city. But that's our nine separate neighborhoods to date. Okay. Great.

Unknown Speaker -

All right. Other questions or comments? Yeah, Chief. Two questions.

Council Member Vinh T. Ngo -

The first one is we have four of the homeless cases where we found shelter. Is that temporary shelter or is that permanent shelter?

Unknown Speaker -

It's temporary shelter for now. Each case is looked at by our homeless coordinator, Shadeen, and she tries to match them up with long-term solutions.

Unknown Speaker -

The short-term solution is we get them off the street and into shelter. The long-term solution is different for each person.

Unknown Speaker -

And that's where we can offer, and a lot of cities can't, we offer that wraparound service. It could be that they have an alcohol dependency problem, mental health issue, drug dependency problem. They lost their job. There's a whole host of reasons. We kind of take each case, we sit down with them, and we become their caseworker, and we try to figure out what the long-term solution is. We may not be able to solve the long-term solution within Monterey Park with our resources, but we have so many different places that we can contact that we can, a lot of times, find them long-term solutions. We've worked with the Veterans Administration in particular to find VA housing for some of our homeless veterans that we come across. And a lot of them are very – they don't look for services. They're very private. They don't want to cause a burden to anybody. But when we find them, we find a lot of people that are willing to help them. And we've been able to place some of them in long-term apartments and find them jobs and get them back on their feet. Each case is a little different. But these are short-term housing solutions. It's getting the person off the street, not sleeping behind a business, not sleeping in a park or in a vacant lot or in an encampment, and getting them in shelter and then getting them the wraparound services they need to hopefully continue with that. Unfortunately, we have had relapses. We'll place somebody. They'll be good for two or three months, and the drug dependency is so strong. They leave the program wherever they're at. There's too much temptation, and they come back to the drug program, or they come back to drugs, and we see them come back to Monterey Park. I don't know if it's good or bad, but we ask them, why did you come back to Monterey Park? Because they feel safe here. We're the only homeless team that they trust. We know that they see those black police cars and they see the officers come out with the gray shirts and they know that they're not going to get harassed. You know, they know that those people are actually going to come help them. So they feel safe here. But we do tell them, listen, our job is to get you back on your feet. And if you keep coming back, you know, we're only going to take we're only going to be tolerant for something for a period of time. And then they know that we're very honest with them. it's a it's a problem that unfortunately we're not going to solve but we're going to continue to try

Council Member Vinh T. Ngo -

to stop the bleeding yeah and i and i thank you chief and i and i do see that there's there's um folks who actually decline our services yes a lot of them do i mean we can offer the help and if

Unknown Speaker -

they refuse to help and and i i have to tell you that if if we get someone who is a problem child

Unknown Speaker -

they're out there, they're causing problems for us, they're committing crimes, they refuse services,

Unknown Speaker -

then we take enforcement. We still are police officers. And we still can arrest people for stealing stuff from stores if the store wants to press charges, especially. And we do do that.

Unknown Speaker -

We get them in the system. And if they're in the system, then maybe the system will help them.

Unknown Speaker -

but we don't just turn a blind eye to criminal activity in town, but it's a balanced, it's a, it's a balanced approach. So there's a, there's the handout, but then there's also the hammer if we have to have it. Thank you.

Unknown Speaker -

Thank you. Mayor Portemong.

Unknown Speaker -

Thanks chief.

Council Member Thomas Wong -

Just to, just for my clarity's sake. So the four people sheltered, uh, that's temporary shelter. You mentioned through LASA placements or are we placing them?

Unknown Speaker -

I'm not sure about them individually. We have found that LASA does not come through a lot of times.

Unknown Speaker -

We have to do it ourselves.

Unknown Speaker -

So we're lucky that we have a former LASA employee that works for us.

Unknown Speaker -

So she has access to those resources, and she works with them, and they trust her, that LASA does.

Unknown Speaker -

But sometimes we can't find a bed. Sometimes we can't find a temporary shelter. And then we do have the ability through some grant funding to be able to manage that ourselves. But we attempt to use LASA because they're the ones that are receiving the funding from the federal government and from the state to do this. So we depend on them for a lot of it, but sometimes they don't come through, unfortunately.

Council Member Thomas Wong -

And I know, is there any current forum where we're providing this kind of feedback to LASA?

Unknown Speaker -

Oh, yeah. We talk to LASA on a regular basis. We deal with them almost on a daily basis. So they understand this. Their hands are tied, too. Most of the biggest problem, I'll tell you right now, is there aren't enough mental health beds in Los Angeles County. Bottom line. I would, I don't know what the percentage is, but I'm going to say it's about 70% to 80% of the homeless people that we contact have either a drug dependency or mental health or a combination of the two.

Unknown Speaker -

And they really need a mental health bed to be able to deal with their issues. Those beds aren't available.

Unknown Speaker -

And those are typically from private entities who have the hospitals. For whatever reason, they're not available in Los Angeles County or they're filled or we're on a waiting list. We've had a couple successes with. Court ordered. Mental health for some of our clients here in town.

Unknown Speaker -

but it's a six month process to get them to where we can force them to leave the street and go to a

Unknown Speaker -

mental institution. Most of the time it's voluntary and we have to find those beds and it's difficult. It's very difficult. We talk about it all the time at the chief level, at the LA County chief level with the County Board of Supervisors, the city managers. We talk about it a lot about the fact that we need mental health beds in Los Angeles County.

Council Member Thomas Wong -

And then I believe there's LA County's recommissioning or whatever, putting together another blue ribbon commission on homeless housing and looking at the structure that set up LASA and others to provide these services. And I think, I assume they will be gathering feedback. I want to make sure we are providing that.

Unknown Speaker -

We will provide that. They will. They'll have public hearings.

Unknown Speaker -

they communicate regularly with the spa groups, with the COG, and we've expressed frustrations

Unknown Speaker -

along with every other member of the COG with LASA, and I'm not putting it on LASA.

Unknown Speaker -

It's not their fault, but there needs to be a collective community effort in Los Angeles County

Unknown Speaker -

to provide those beds. And I don't know if that means the federal government and the state government need to open facilities or find facilities, but that's our problem.

Council Member Thomas Wong -

And then I know the county is looking at a potential, well, when Measure H is going to expire in the next few years, and they're examining efforts and options for extending that and expanding that with La Casa now, the new home solutions agency. I want to make sure we are going to provide feedback through there. I know a few San Diego Valley Council members are engaged through the board at La Casa, and I believe to our neighbor to the north, one of our council members in Alhambra is on the Lhasa Commission as well as an appointee for Supervisor Solis. So the more that we can provide this, it sounds like we are providing that, but as they're shaping this whatever funding measure for homeless solutions going into the future.

Unknown Speaker -

The city of Monterey Park has a very robust presence at those meetings.

Unknown Speaker -

They know our name.

Unknown Speaker -

They know our frustrations.

I don't have any problems speaking out at groups like that. I know that's a shock to most of you.

Unknown Speaker -

But they know the frustrations. And quite honestly, they look at our net team as a success.

Unknown Speaker -

So when we say that this isn't working, they listen to us.

Unknown Speaker -

They use us as a model now.

Unknown Speaker -

I think they mocked us a little bit at first because we're cops.

Unknown Speaker -

They didn't like it.

Unknown Speaker -

But now they see that we're actually pretty effective and we do have hearts and feelings. So they like the progress that we've shown here in Monterey Park.

Council Member Thomas Wong -

And then kind of related but separate, Are we engaged or watching the care court implementation efforts in L.A. County?

Unknown Speaker -

We've been on the Zoom meetings calls. We've been part of that.

Unknown Speaker -

I think it's a reimagining of Department 95, the mental health court that's been there for a while.

Unknown Speaker -

I hope it works. I hope there's the right judges put in there and the right staff members put in there to be able to manage it appropriately.

Unknown Speaker -

The mental health court, I know one of the judges that was on the mental health court for a long time,

Unknown Speaker -

and she was very good at what she did, and she took a lot of the cases to heart.

Unknown Speaker -

I'm hoping that the same commitment is found within the bench to be able to manage those courts.

Unknown Speaker -

But we're looking. We're part of the process. We're on the Zoom calls. We're at the meetings.

Council Member Thomas Wong -

Yeah, and if you can keep, I think, level one, appreciate the statistics and the update. I would love to see this on a monthly basis and start to examine trends to see if these are increasing or not or how we're doing. And if there's a way to meld in kind of how we're doing compared to the rest of the...

Unknown Speaker -

in our city and their name, where they came from, where they grew up, they know them on a first-name basis.

Unknown Speaker -

I don't know if any other city has that.

Council Member Thomas Wong -

On the – well, one would love to have this kind of update on a regular basis. For the Neighborhood Watch program, thank you and thank you to the team. Please pass on our appreciation for getting the groups going again and the block captains kind of signed up. If there are other ways to continue to encourage, I assume we're going to put it in the Cascades to encourage people to sign up and form their own way we're watching.

Unknown Speaker -

We get it out there a lot.

Unknown Speaker -

It's just, I can't twist their arms to do it. And a lot of people just don't want people in their houses.

Unknown Speaker -

And are we off for groups?

Council Member Thomas Wong -

Are there any incentives we're offering or resources we're making available other than providing an officer?

Unknown Speaker -

No, what we do now is we haven't done it with these groups yet because they're brand new.

Unknown Speaker -

But if they stay together and they stay working and they stay a viable option in the neighborhood, then we typically provide them with signage.

Unknown Speaker -

And the sign you saw up there, the neighborhood watch sign, we have a Monterey Park one that has the police department number on it.

Unknown Speaker -

But we put that signage up in their neighborhood. That's kind of the incentive that we have for them.

Council Member Thomas Wong -

yeah i'm wondering if we are able to work in on the budget if not this year next year uh right just offsetting some of the costs of refreshments or whatever they're going to host oh we we a lot

Unknown Speaker -

of times we do that we do that anyway out of my out of the budget i have okay yeah and hope hope

Unknown Speaker -

my girls are my people are great party planners so they do they do some of the people you'd be

Unknown Speaker -

surprised some of these neighborhood watch meetings it's a it's quite a feast they put on But we do if they have an issue with that we do provide that

Council Member Thomas Wong -

Yeah, so if there are other ways to incentivize or provide resources that the watch the neighborhood watch groups Might need I don't know flashlights. I don't know whatever If that needs to go to the budget, let's make sure we I would encourage us to work that in

Unknown Speaker -

resource wise That's it. Thank you chief and thank you for

Council Member Jose Sanchez -

You know housing those individuals despite the hardships that that would be faced but you try and think and And send our thanks to the NET team for all the work that they do.

Unknown Speaker -

Thank you. Thank you.

Council Member Jose Sanchez -

And so we'll go ahead and I also wanted to move up, if it's okay with Council, one item from the consent calendar item, which is item 3I,

to authorize the interim city manager to extend the license agreement with Chinatown Service Center for use of the Sierra Vista Community Center, if that's okay with Council.

Unknown Speaker -

Okay, great.

Council Member Jose Sanchez -

And do we have a speaker for 3i?

City Clerk Maychelle Yee -

We have one speaker, Peter Eng.

Unknown Speaker -

Welcome, Peter. From the Chinatown Service Center.

And then...

Okay, go ahead, Peter. Thank you. Good evening, Mayor Sanchez and council members. Congratulations to our city manager. And it's become from interim to the city manager. You deserve it. Well, thank you for allowing me to speak. I'd like to take this opportunity to give a brief report of how is the resiliency center that we've been doing.

Unknown Speaker -

Since the opening in August, about three months almost, of today, we have great, tremendous support from the city of Monterey Park to allow us to use the current facility over at the Sierra Vista Park, the center there. And we have held many workshops, events, and so on, totaling about 157 big and small events. This is from the help of a total of 10 organizations or entities. I would like to mention their names to be on the record. So out of the 10, they are Harold Christian,

Unknown Speaker -

the Bureau of Victim Services for the LA County District Attorney Office,

Unknown Speaker -

the Chi Chi Foundation, the Asian Pacific Counseling and Treatment Center,

Unknown Speaker -

the Advanced Assistance of Southern California, Department of Mental Health from the L.A. County, Center for Healthcare Rights, and the Yellow Chair Yoga Spectrum,

Unknown Speaker -

and last but not least, our very own Monterey Park Police Department. In fact, they had a meeting yesterday talking about community safety and so on. So we really appreciate it. And those attended, most of them are female, 60-year-old and up. And totaling, as of today, that we count, it's about 751 people. and out of them, 50 of them have seeked counseling, help from the trauma that derived from the tragic New Year's shooting. So the place is very, very nice. However, it's kind of small, but it's free. What am I going to ask for? All utilities are paid for and all that. We really appreciate it. I think not only that those that might have suffered from the tragedy, but the neighborhood, they have also come and joined all the events that we have held. But we do need a larger space, so we are in the process of looking for slightly larger. However, we might have found it, but we need a little bit more time. So thanks to the city manager and the staff have recommended to extend the lease working with us and we really appreciate it. So I hope that all the council members would be considered giving us that extra six months. That would be really, really nice.

Council Member Jose Sanchez -

Thank you, Peter, for being here tonight. And thank you for all the work that the Chinatown Service Center has done. You've been an amazing ally here in Monterey Park, but especially since the mass shooting that we had here. I don't know where we would be without the Chinatown Service Center and of course with you and I know that the mayor pro tem And I were with you at a meet at a separate meeting with the small business administration and and

Unknown Speaker -

everyone

Council Member Jose Sanchez -

within that room brought a lot of accolades to you and the work that you're doing to help lead the Chinatown Service Center speaks a lot to your leadership and to the work that you're doing so we appreciate you And the work that you're doing in Chinatown Service Center is doing Any questions or comments from the council on item 3i?

Council Member Thomas Wong -

No, I want to thank you, Peter, for all the work and all the work that your team is doing to help lead the Resiliency Center and the programming. It's great to get an update and see how many people have taken advantage of the programming that's been going on at the center and looking forward to the continued partnership among those partners in the city to serve the community. I don't know if you know offhand or if you even ask I know you said about 750 people have come through for the programs How many of those? Are Monterey Park residents versus kind of outside the city and I'm just curious. Oh my report from

Unknown Speaker -

our colleagues are Almost all of them are from

Unknown Speaker -

Resilience. Oh, wow. Yeah, that's great. That's great to hear. Actually, mr. Mayor. I do yes

Unknown Speaker -

Well again, thank you for just running an excellent

Council Member Henry Lo -

Community Resiliency Center. Yesterday, actually, I had the opportunity to go to the

Unknown Speaker -

senior cyber

presentation sponsored by City Spectrum as well as OCAGLA.

Council Member Henry Lo -

It was a packed house, and I imagine they were all probably residents of Monterey Park. I'm kind of curious, since you are seeing people coming in to seek services, Are there any issue that you think that, like, I don't know if you use the term gap, but are there any certain issues or concerns or services that people you hear more often

Unknown Speaker -

that we could maybe beef up, either with you or seek more resources? Yeah, we are constantly seeking for help. And as Chief Waste just mentioned, we do have certain individuals that hang around over there.

Unknown Speaker -

So we try our best to help them as well.

Unknown Speaker -

But as far as other resources, we are constantly getting in touch with the county and the state. And now we are also applying for the federal assistance so that we can expand our service even more. So this grant, if we are successful in getting it, it would be about a three-year-long grant. It's cutting from August, already started.

Unknown Speaker -

Great.

Council Member Thomas Wong -

I'm happy to move this item. I don't know if we need a note just for the record that Councilmember Ngo had to.

Unknown Speaker -

Yes, Mr. Mayor, members of the Council, ordinarily I'd have the Councilmember announce for himself,

Karl Berger -

but he is recusing himself in an abundance of caution for a potential economic conflict with his employer.

Council Member Thomas Wong -

And he happens to sit on the board for financial service.

Council Member Jose Sanchez -

Well, thank you so much, Peter, again. And a motion's been made, and so if we can second it by Council Member Yu, and if we can take a vote.

Unknown Speaker -

Oh, vote again?

Unknown Speaker -

Approved unanimously.

Unknown Speaker -

Thank you so much, Peter. Thank you very much. And thank you.

Council Member Thomas Wong -

And we're looking forward to the ribbon cutting for the permanent.

Unknown Speaker -

Yes, yes. Oh, yeah.

Unknown Speaker -

Thank you.

Council Member Jose Sanchez -

Or if we need to do a new one for the extension.

Unknown Speaker -

Thank you.

Council Member Jose Sanchez -

I know we have a couple of new business item presentations from staff. And thank you. I'd like to move some of these items up if it's okay with Council Items 5A and Item 5B.

Unknown Speaker -

if that's okay with council

Unknown Speaker -

okay here okay thank you

Unknown Speaker -

so do we have a presentation on item 5A

Unknown Speaker -

an update on and recommendations for the Monterey Park Rewards Program

Unknown Speaker -

yes Mr. Mayor

City Manager Inez Alvarez -

and members of the council I'm going to give staff just a second to make adjustments we have our economic development

Unknown Speaker -

team with us

City Manager Inez Alvarez -

Joe Torres our economic development manager and Jessica Serrano our community development director will be giving this presentation.

Unknown Speaker -

Thank you.

Unknown Speaker -

Thank you.

Unknown Speaker -

Good evening Mayor, members of the city council.

Unknown Speaker -

I'm Jessica Serrano community development director.

Unknown Speaker -

The presentation will be made by Joe Torres our economic development manager.

Joseph Torres -

Good evening, Mr. Mayor, Mayor Pro Tem, and members of the Council. It's a pleasure to see you again. Tonight, I present an evaluation of our existing shop local program, Monterey Park Rewards, and propose two options for the City Council's consideration. Since its inception in November 2021, MPK Rewards users have spent almost $800,000 at local businesses and redeemed more than $45,000 in NPK rewards. During that time, the city received almost $13,000 in sales tax revenue

Unknown Speaker -

from participating businesses.

Unknown Speaker -

However, please note that sales tax revenue generation

Joseph Torres -

is but only a small part of the central goal of a shop local program. Its primary objective is to encourage our local and neighboring residents to keep their hard-earned dollars in our local small business community and promote a circular economy. By those metrics, the program is a resounding success. It is also important to note that it is difficult for staff to assess how a shop local program, dollar for dollar, has directly supported participating businesses. However, it is essential to acknowledge that the city's cost to run Monterey Park Rewards during that same period was around $130,000. And the program has its own challenges, including lack of language translation, high ongoing software costs, and privacy concerns from both users and participating businesses. To address those concerns, your economic development staff research the loyalty program industry to identify more cost-effective alternatives, seeking alternative programs with a more favorable cost-to-benefit ratio, language translations, while delivering comparable outcomes. And I'm happy to report that we've identified a cost-effective alternative,

Unknown Speaker -

a similar smartphone-based shop local program called Open Rewards by Blue Dot Technologies.

Joseph Torres -

Open Rewards offers multilingual support, including Chinese and Spanish. It's user-friendly and costs approximately half the cost of MPK Rewards.

Unknown Speaker -

There are four...

Joseph Torres -

What are the key attributes of open rewards that are not offered by our current MPK Rewards Program? Number one, it's secure and user friendly. There's no credit card linkage required addressing privacy concerns. Users can earn points through various payment methods including cash. Users upload photos of purchase receipts for point credits or they may still link their cards for a more integrated experience. Number two, merchant convenience Simplified onboarding for businesses. No enrollment or employee training required. The app vendor, Blue Dot Technologies, handles transaction processing and redemptions, reducing administrative burdens on businesses. Number three, multilingual support. Translation to Chinese and Spanish enhances accessibility for our diverse community. addresses the current shortcoming of MPK rewards. And number four, it is a cost-effective solution. The annual cost is approximately half the cost of MPK rewards,

Unknown Speaker -

making it significantly more cost-effective.

Joseph Torres -

Looking ahead to the next fiscal year, the Economic Development Division annual budget would be able to fully fund and support the Open Rewards app. It would not need additional funding, applications, or allocations to support the program. Considering these developments, staff presents two potential courses of action for the City Council's consideration. Option number one, terminate MPK rewards and transition to Blue Dot Technologies open rewards.

Unknown Speaker -

Let me take that back.

Joseph Torres -

Terminate MPK rewards by December 31, 2023, only because we are required by the program's terms and conditions to provide a 30-day termination notice, appropriating an additional $30,000 to fund final user redemptions for MPK rewards, and authorizing the city manager to execute an agreement with Blue Dot Technologies for open rewards not to exceed $30,000 for six

Unknown Speaker -

months.

Joseph Torres -

Staff will provide the city council with an update before the end of the six months to

Unknown Speaker -

report back on the progress of open rewards.

Joseph Torres -

The rationale for option one, it provides a seamless transition to a cost-effective and user-friendly program, and it addresses unredeemed points, ensuring a smooth closure of MPK rewards. Option number two, terminate MPK rewards by December 31, appropriating again $30,000 to fund potential final useful redemptions using economic development strategic plan results currently in its development process to determine new programs and initiatives that are best suited for the business community. The rationale for option two, a strategic approach based on future economic development needs. It allows flexibility in choosing the most effective program post-MPK rewards. In conclusion, both options aim to enhance our shop local efforts. And more importantly, with both options, staff strongly recommends the termination of Monterey Park rewards due, among other things, to its high cost, security concerns, and lack of language translation. Mr. Mayor, Mayor Pro Tem, and members of the Council, we deeply value your commitment to promoting local economic development and supporting our small business community. As such, we appreciate your careful consideration of these two options. We look forward to your guidance and directions on this matter. Thank you. I am open to answering questions. and we are also joined here virtually by the president and founder of Blue Dot Technologies, Ms. Sophia Zeng, to answer questions as well.

Council Member Jose Sanchez -

Thank you. Thank you, Joe, for that report.

Unknown Speaker -

And do we have any questions or comments from Council Member Lo?

Council Member Henry Lo -

Mr. Mayor, yes. Thank you, Joe, for that presentation. So, Blue Dot, how long have they been, I guess, in operation as a business entity offering a service?

Unknown Speaker -

How long have they been around?

Joseph Torres -

If I may refer that question to the president and founder of Blue Dot Technologies, Sophia.

Unknown Speaker -

Sophia, are you on the line? Yes. Are you here? Are you okay?

Unknown Speaker -

Yes. I can hear you.

Unknown Speaker -

Yes. Great. Thank you. Thank you for having me here. Hello, everyone. this is sophia jane i am the founder and ceo of blue dot um and i'll be happy to answer that question so blue dot was founded in 2019 um inside the city hall so we were founded in

Unknown Speaker -

collaboration with a local city's economic development team um i'm sorry where

Unknown Speaker -

inside inside of city hall so we're based in the bay area i see correct yes and uh open rewards

Unknown Speaker -

program was officially launched last year in 2022 and is now live in over 10 municipalities across the country including the city of las vegas ardenton county of virginia and several more in the

Council Member Henry Lo -

so but currently you have no current uh client cities here in southern california or los angeles

Unknown Speaker -

County? We do. So City of Lancaster has been running this program for about a year. City of

Unknown Speaker -

Diamond Park just run it for their restaurant region as well. So those are the two cities

Unknown Speaker -

within the SoCal region. In the northern California, we're live in Antioch, California. And overall,

Unknown Speaker -

Blue Dot has over 150 cities and counties as customers across 20 states. I see.

Council Member Henry Lo -

um mission um choice that you are able to provide uh the service in multiple languages now how are

Unknown Speaker -

you able to do that oh great question so as a user downloads the app for the first time they will be

Unknown Speaker -

offered a way to switch the language so um immediately even before they take any step in

Unknown Speaker -

the app they can switch to a language that they prefer so whether it's mandarin whether it's Spanish, whatever is their preference,

Unknown Speaker -

and then they can continue with the rest of the sign-up process in the language that they selected.

Unknown Speaker -

So that's the utility that your program offers? Correct, yes.

Council Member Henry Lo -

Because, you know, what I've always been concerned about with NPQ Rewards

Unknown Speaker -

is that the company that we're using,

Council Member Henry Lo -

every time we asked them, they kept giving excuses

Unknown Speaker -

about why they couldn't do it,

Council Member Henry Lo -

and I'm just intrigued by that, but yet you can.

Unknown Speaker -

Yes, yes, correct. and happy to share references with the city that we work with as well.

Council Member Henry Lo -

Question. So, if we terminate MPK rewards though, but everyone who has earned points, how do we make sure that they would use them? I mean, you're saying they have to use them to the

Unknown Speaker -

end of the year, which is end of December? Yes, they would, if we terminate MPK rewards, they would have to redeem all these their points by December 31st.

Council Member Henry Lo -

Okay, and then for participating businesses, I mean, they would also then have to, I guess, they would have to honor any points by the end of the year, correct?

Unknown Speaker -

Correct. Okay.

Council Member Henry Lo -

You know, I'm, well, I'm just curious, like, you know, with the company that ran MK Rewards, If they do ever ask us for reference, I do hope that we provide, frankly, a disappointment, because I've been very disappointed in the company that does MPA rewards. And chiefly, I find it disappointing that they could not do other languages. And I still even go back to that first presentation we had in which I'd asked the CEO. My understanding was that they were based in Israel, and then they went to Europe, and then they folded in Europe and Israel, and I've always wondered why. and I never did get an explanation. And frankly, even with Blue Dot, no offense, I would like to also get some report on what is your experience in the markets you're in right now. I think before certainly we go down this again,

Unknown Speaker -

which again, for the record,

Council Member Henry Lo -

I think there's value in having a rewards program. But I think after the experience we had with the last company, I think it's important for us to also know the market experience of any potential partner.

Unknown Speaker -

And with Council's direction, we can have Ms. Zhang come back at the next meeting

Joseph Torres -

to present a more comprehensive background

Unknown Speaker -

on Blue Dot Technologies.

Unknown Speaker -

Okay. Council Member Go?

Council Member Vinh T. Ngo -

Yeah, Joel, thanks for doing this presentation.

Unknown Speaker -

Question for you.

Council Member Vinh T. Ngo -

Did the EDAC team have a discussion on this, or did you have a presentation with the EDAC team on this?

Joseph Torres -

No, because it is really outside the scope of the EDAC's responsibility.

Unknown Speaker -

Okay. But we have been providing them an update on the MPK rewards performance.

Council Member Vinh T. Ngo -

They're aware of MPK rewards, so I just thought that they would be... So it's outside the scope, so we're not asking them for approval. I guess what I'm trying to get is they know where MPK rewards stand. are they supportive of this new program or what's the process there again because

Joseph Torres -

it's outside of their scope of responsibility we have not consulted

Unknown Speaker -

either regarding this matter okay thank you okay mayor for 10-1 thank you

Council Member Thomas Wong -

appreciate all the work and appreciate the presentation on the introduction to this new app thank you to staff I think some amount of work went into looking at options and I think this has been a search that's been going on since some of these concerns which I share around language access and capability which right if it's an English only app misses out on a lot of businesses that are here in Monterey Park that we want to support and a lot of customers that we want to engage with our small businesses and so this language capability I think is extraordinarily critical for whatever kind of program we have to support businesses going forward with that said I would prefer to actually take a further step back on this and include this in the conversation as we proceed with the economic development strategic plan to take have the task force I believe that's being assembled for that in the plan as it's coming together to look at a whole host of options for how we can support our businesses in the community here in Monterey Park and this can be one of those options but I don't want to I I don't want to get in the position where maybe we approve using this new app and then through the conversation of the strategic plan come up with other ideas that might be a better fit for our limited funding that's available to support businesses and have to access idea year in or whatever and have to cut this short again. So I would support some of the recommendation that's here in terms of ending the existing app for MPK rewards and making sure we have an opportunity for everyone who has already earned rewards to spend that in a reasonable amount of time. And then making sure that this is part of the conversation and an option for the strategic plan to consider among a host of other options to support our businesses going into the future as part of the strategic plan discussion to be brought back as part of a menu of things that the council should consider. limited funding that we have to utilize and leverage for support for our businesses. So I'd prefer not to go at this time with a new app and a new direction, and maybe we can hold off on bringing that discussion specifically until the strategic plan's in a better place so that we have a menu of options to consider.

Unknown Speaker -

Yes, that would be option number two, Mayor Pro Tem.

Unknown Speaker -

I agree with that.

Council Member Jose Sanchez -

And I think that also part of the questions that some of us have, it sounds like, is just how a lot of these reward apps work in terms of how they're operating in these cities. I know some of the Southern California ones that were mentioned, like Lancaster and Diamond Bar, I, for one, would like to hear from their cities and see what types of what's working, maybe what's not working. before we sign on to another app. But I'm in agreement with the Mayor Pro Tem that I think council might need a little bit more time to kind of discuss this and research this a little bit more before we agree that this is actually the best way to support our small business community

Unknown Speaker -

here in Monterey Park.

Unknown Speaker -

So would you like to make a motion?

Unknown Speaker -

Do you need a motion?

Unknown Speaker -

Or could we just table this until later?

Council Member Jose Sanchez -

Just table it. Okay, so then we'll go ahead and table this so we can

Council Member Thomas Wong -

Oh, yes, yeah, so I'll make the motion to support option two as presented by staff which is to Discontinue the existing MPK rewards program and fold this conversation around Shop local application and other opportunities support businesses into the strategic plan to be brought back to the council at a future time

Unknown Speaker -

I'll second that. And if we can have a vote.

Approved unanimously.

Unknown Speaker -

Thank you.

Council Member Jose Sanchez -

And I wanted to thank Ms. Zank for being here tonight.

Unknown Speaker -

Thank you. Thanks, everyone. It's my pleasure.

Council Member Thomas Wong -

And we will, so we'll be noticing all the MPK rewards users about their limited time period to utilize.

Unknown Speaker -

Yes, so based on the terms and conditions of MPK rewards,

Joseph Torres -

we would need to notify the community and our users or provide them with a 30-day advance notice regarding the termination

Unknown Speaker -

so they would have that 30 days to redeem whatever outstanding points they have.

Council Member Thomas Wong -

What's the estimated date of having to use? I'm asking for myself because I have some rewards that I need to use.

Unknown Speaker -

When do we need to use them by?

Unknown Speaker -

By December 31st. All right.

Council Member Thomas Wong -

So lots of Christmas shopping we can do in the next couple of days.

Unknown Speaker -

Well, actually, I follow the question.

Council Member Henry Lo -

I know we just won the item, but given the next week is Thanksgiving, how soon can we get the message out there that people have until the 31st?

Unknown Speaker -

I mean, can we do it this week?

Unknown Speaker -

We can do it almost within 24 or 72 hours.

Joseph Torres -

We can have that notification in the app itself so that users will have a firsthand view of the notification.

Unknown Speaker -

We also have a way of communicating via email.

Council Member Henry Lo -

their product has really not been stellar?

Unknown Speaker -

Well, the programs and the terms and conditions of the program itself

Joseph Torres -

does not require the city to explain why it's being terminated as long as we have a 30-day advance notice. But we will be happy to entertain inquiries from the community as to why it's being terminated.

Unknown Speaker -

Okay.

Okay, great.

Unknown Speaker -

Thank you. Thank you.

Council Member Jose Sanchez -

We'll go ahead and jump to item 5B.

Unknown Speaker -

And we just did 5A. 5B.

Council Member Jose Sanchez -

An ordinance amending the Monterey Park Municipal Code.

Unknown Speaker -

Sorry.

All right.

Shawn Igoe -

Good evening, Honorable Mayor, Mayor Pro Tem and City Council. Sean Igo, Public Works Director. Tonight you have before you an item amending the Monterey Park Municipal Code, adding Chapter 10.68, which is related to preferential parking. This addition allows the city to improve and make the process for evaluating preferential parking more efficient for residents. In November of 2004, the city adopted the current policy which provides a process for residents to petition the city to establish preferential parking criteria to consider such an area. The newly proposed ordinance will supersede this policy and add Chapter 10.68 to the Monterey Park Municipal Code. As you may recall last Council meeting, we presented an item for preferential parking

Unknown Speaker -

approved near ELAC.

Shawn Igoe -

This process took several months between evaluating the locations, putting together the report for the Traffic Commission, and then bringing it back to Council for approval. In this case specifically, the Traffic Commission had to Council a meeting due to lack of quorum, which delayed the process by an additional month. In an effort to provide our residents with a more efficient process, the approval process will go directly to City Council for approval and staff will update the traffic commission once approved. The item was brought to the commission at the last meeting that was held on October 26th so they aware of this process change. One item to note is that the resolution will be revised to reflect today's date and not November 1st. With that I can answer any questions.

Unknown Speaker -

Thank you Sean for that report. Any questions from Council on this particular item? Council

Council Member Henry Lo -

So you said, Sean, that this was presented to the traffic commission, so they're aware of it?

Unknown Speaker -

That's correct. Okay.

Council Member Henry Lo -

And, out of curiosity, was there any feedback?

Shawn Igoe -

They just accepted the update that we gave them. They understood the process was going to be more efficient for residents and that this process would allow residents to get their preferential parking, or at least get an answer related to preferential parking a lot quicker.

Unknown Speaker -

Okay.

Council Member Henry Lo -

So, but the process still remains in which, let's say, a block wants to create preferential parking, They would still have to then go through signature gathering.

Unknown Speaker -

That's correct.

Unknown Speaker -

Okay.

Unknown Speaker -

Yeah, that process still remains.

Shawn Igoe -

This allows the process to be pushed up a little quicker, as opposed to going to traffic commission and coming to council. It goes straight to the city council, and then we update the traffic commission on the process and what area has been evaluated.

Council Member Henry Lo -

So the traffic commission does not do any review anymore?

Shawn Igoe -

They would not do the review of this anymore.

Unknown Speaker -

No, that's correct.

Shawn Igoe -

They would still get an update from staff during their meetings on preferential parking and the changes, but they would not flow through them first

Unknown Speaker -

and then come to City Council.

Shawn Igoe -

Again, the idea is to make the process more efficient for our residents because, again, in the last case in particular, it delayed their process by over two months. So we want to make sure that our residents, if it's allowable to allow preferential parking in their area,

Unknown Speaker -

we want to allow them to have that sooner than later.

Unknown Speaker -

Now, but for example,

Council Member Henry Lo -

let's say someone wants to bring up the issue, I mean can they still bring it up to the traffic commission absolutely and so then so then on this proposal that if they bring it up then it would then be deferred to your office to it already is

Shawn Igoe -

so our office so public works already takes on the process so if someone wanted to come to traffic commission and bring that up they could definitely do that it would still come to public works we would still evaluate the process but instead of having to take it back to the traffic commission and then to council for approval it would go straight to council and then back to traffic Commission for an update that has been approved or denied.

Council Member Henry Lo -

And again, you said you did present this to the traffic commission.

Unknown Speaker -

That's correct. Okay.

Unknown Speaker -

Okay.

Council Member Thomas Wong -

So, Sean, thanks for this. So, right, currently the process is if someone wants permit parking district, they would get their neighbors, sign petitions, submit that to Public Works, and then Public Works would review that confirm and then schedule a traffic commission meeting to review everything uh and then if traffic approves it would still come to council to it would need council to approve

Shawn Igoe -

final just generally the process so traffic commission doesn't approve it they might recommend but they won't do any approvals they'll just do the recommendation to move it along to

Council Member Thomas Wong -

city council but generally that's the process correct in our so currently the code requires that it goes to the Traffic Commission to receive input and to provide a recommendation. So the recommendation today is to not require the Traffic Commission recommendation.

Unknown Speaker -

That's correct. That's correct.

Shawn Igoe -

And again, it's just to provide more efficient services to our residents.

Unknown Speaker -

How long?

Council Member Thomas Wong -

I mean, what's the typical process? I know this doesn't happen all the time, but what's the typical process? How long does it usually take? Like, for example, the one we just approved left?

Unknown Speaker -

Usually a few weeks.

Shawn Igoe -

So if someone makes a request, then we just have to evaluate daytime and sometimes nighttime conditions to see how traffic or how parking is along that area. And then if we can do that within a week, then we can start providing the report. So a few weeks we can usually turn it around. So again, because council meets twice a month, it allows us to have more opportunities to bring it to council as opposed to traffic commission once a month. And if they don't have a meeting, then it pushes that at another month. So there's more meetings for council to hear this and be able to approve or deny it.

Council Member Thomas Wong -

I would still prefer understanding some of the issues that traffic I would still prefer that it go through traffic commission when feasible if this doesn't preclude that from being the process I think is right I would still like to have traffic commission review and provide a recommendation about permit parking districts before it comes to council when feasible but if right if we're having problems scheduling a traffic commission meeting then this would allow bypassing the traffic Commission to go straight to council if

Unknown Speaker -

we're having issues the traffic Commission right yeah we can still take

Shawn Igoe -

things that we will still take the item to traffic Commission if your desire is to have it before that's currently the process that we have so I'm understanding what you're trying to say we if it's a problem that we can still take it to council and then take it back to them we can still do that I don't think it

Council Member Thomas Wong -

precludes that yeah so I would support this with that understanding that when possible and feasible it should still go to the traffic Commission for a recommendation before it comes to council but allowing in expedited right process to bypass traffic Commission before it comes to council if if it's if it's not really working to schedule a traffic Commission meeting to to review

Shawn Igoe -

this yeah we can evaluate that as part of the process absolutely so I'm sorry

Council Member Henry Lo -

Just to clarify, so are we then establishing so the criteria would be it would only bypass in the event that the traffic commission is not able to meet? But otherwise, if they are able to meet on the item, then it would go through the process and would the exception only be if they are unable to meet or there's no quorum?

Shawn Igoe -

So what I would suggest is you keep, so if we're recommending looking at updating our municipal code, keep that as the recommendation. And then internally our policy will be that it'll go to the traffic Commission if it's possible to During that process without delaying the request that makes sense

Council Member Thomas Wong -

That's fine with me so to clarify we'll adopt the recommended change the code but internal policy which can be Bypassed by the public works director or the city manager or whatever can go straight to council but generally we should, right, the policy will be to go through a traffic commission.

Unknown Speaker -

Correct. Okay. Should that be codified in a motion? I mean, I know you've heard, but should that be part of the motion?

Unknown Speaker -

Just so it's on record that we'll go through a process.

Unknown Speaker -

Is that something that we need to add to the motion, to the?

Karl Berger -

Mr. Mayor, members of the council, it's really up to the council.

Unknown Speaker -

I can certainly add it into the ordinance right now.

Karl Berger -

That would require a 10 or 15-minute break for me to add that in for the language that you're satisfied with. alternatively you can just simply reflect it in the meeting minutes and direct the city clerk that it be reflected in the meeting minutes so that if none of us are sitting here we'll be able to go back and check the meeting minutes with regard to the expectations of the city council i would recommend the latter rather than the former simply because otherwise some applicant can point to whatever it is in the code and say well wait a minute i didn't make a stop of the traffic commission and and then there will be a potential for a kerfuffle between the public works department and that applicant saying yes but we couldn't do a quorum for three months or whatever it might be but the understanding and direction from the city council would be this is the way you do it and absent some unusual circumstance we expect that to have happen i.e have a recommendation from the

Unknown Speaker -

traffic commission. So, Mayor Portempois is here. So, moves. Okay. Is that clear? That's clear? Yeah. Okay. Yes, I'll make the motion. Second. Seconded by

Unknown Speaker -

Council Member Ngo. If we can please take a vote. Approved unanimously. Thank you. All right. I'm going to go ahead and jump us to our consent

Council Member Jose Sanchez -

calendar items because I know there are certain items we need to get out of we need to discuss. I know that we've already discussed and passed item 3i but are there any items from the consent calendar

Unknown Speaker -

council that you would like to move for this? Mr. Mayor? Yes. Are we still doing a presentation

Unknown Speaker -

on the community healing fund? There's an update on the

Unknown Speaker -

F1A. Yeah we can do that

Council Member Jose Sanchez -

actually and actually I think I requested that at the last council meeting. Thank you so much. Why don't we do that before we jump to content calendar items? And we have our city treasurer here. Thank you.

Unknown Speaker -

Good evening. Sorry I was not here last week, but I do have an update. So as you know, we've already distributed 37 checks. They were for $3,000 each. Our goal as the community healing fund has always been to help the community heal, and that's either through supporting mental health programs, through financial support, and education.

Unknown Speaker -

Along those veins, we have now created a training session, which will be on January 18, 2024. It is called the Gun Violence Restraining Order Training, and that will be on January 18, 2024 at 6 p.m.

Unknown Speaker -

our group has arranged for a judge a city attorney and county council to help educate the community about the restraining orders and red flag laws and help them learn what's available and how to fill out that restraining order request so we're very happy to announce that

Unknown Speaker -

thank you just a quick question

Council Member Jose Sanchez -

a follow up on the event the location of that event is here?

Unknown Speaker -

yes it will be in chambers The council chambers.

Unknown Speaker -

Okay. Very good.

Council Member Jose Sanchez -

And then I know that you mentioned the 37 checks that were disbursed at the amount of $3,000. Was who they were disbursed to, is that something that's public knowledge or shared in any way,

Unknown Speaker -

shape, or form? That information is private.

Council Member Jose Sanchez -

It's maintained private?

Unknown Speaker -

Correct. Okay.

Council Member Jose Sanchez -

And then I don't know if you happen to have an update on this as well, because I know that we've sent 37 checks. Do you know a remaining balance that we have in the healing fund at the moment?

Unknown Speaker -

Actually, I was not able to get a balance, but I should be able to get that the next time we meet.

Unknown Speaker -

Okay, perfect. Thank you.

Unknown Speaker -

Any other questions?

Council Member Jose Sanchez -

Thank you for, I'm looking forward to this community meeting.

Unknown Speaker -

Thank you. Council Member Lo?

Council Member Henry Lo -

Yeah, I just, again, thank you for the presentation. And, again, I'm glad to hear that the committee for the Community Healing Fund is doing this discussion, you know, on red flag law. I think that's something that we need to continue to have. And also, really, I think also thank you for working to accommodate and distribute those checks. I know that this past week was an LA Times article, and that article, you know, certainly illustrated the challenges in the issue of compensation. But I think that overall the article, at least for us, for Monterey Park and the Healing Fund, I think painted us in a very positive light about our own efforts relative to the other funds.

Unknown Speaker -

we do thank the city for the support and all the donors that have contributed to our fund

Unknown Speaker -

thank you um council member you um just wanted to ask the question maybe repeat the information and

Unknown Speaker -

um you said the 37 checks those are distributed to not the victim's family not someone that physically hurt right but just someone who attended the star ball stadium's ballroom and just attended there.

Unknown Speaker -

We consider them victims also. They may not have been injured, but they were present, and they did suffer emotional injuries. Okay, thank you.

Unknown Speaker -

Thank you, Councilman Brigo.

Council Member Vinh T. Ngo -

Thank you, Amy, for kind of being the lead on this.

Unknown Speaker -

So I have two questions.

Council Member Vinh T. Ngo -

I think I've heard the answer in one of them, which is what's the outstanding balance, and if we get back to that, we'll get back to that. And then the second one is what's kind of like the end goal here, Do we anticipate on closing this out because it was created for a special purpose, and sometimes you need to close that out and move forward?

Unknown Speaker -

Our end goal is to close that probably within a month.

Unknown Speaker -

see what services or what programs they want to support and we are making those funds available to them if they want to apply. Thank you. Mayor Portempoong?

Council Member Thomas Wong -

Thanks Amy and so my question is going to be if there has been any

Unknown Speaker -

conversation or thinking around how the healing fund will conclude its

Council Member Thomas Wong -

activities and if and how and I know that there's still a lot to do in the community in terms of healing and recovery as well but appreciate everything the volunteer steering committee members have been toiling over and working on over the last almost a year now so I don't know if I think it would be appropriate would like to request that we invite the steering committee members and the volunteers to a council meeting or something to for us to show our appreciation to them and their work over the year when appropriate I don't know if maybe after or soon or after the fund concludes its activities. So appreciate and please pass on our appreciation to all the other steering committee members that have been working really hard. And would love to hear how it sounds like you're accepting applications from and proposals from nonprofits on what funding can support existing programs or other programs that are ideas out there. So if there's a way to help promote that or if we can promote that opportunity to help close out the fund, I think through the Cascades or other avenues, I think would be great. But again, thank you, Amy, for all your work in helping lead the group and the steering committee, all the members there for the work that they've put into this, and looking forward to the workshop on the 18th. And hopefully if that goes well, we can encourage other legal service providers and nonprofits to continue that kind of education in the community going forward too.

Unknown Speaker -

Yeah, we're very excited about this training program.

Unknown Speaker -

It just gives the public tools that they can use, and they can be the – they can stop violence in the future.

Council Member Jose Sanchez -

Thank you, Amy, and thank you for the work that you're doing. And just share with the group that, you know, the council is very appreciative of the work that they're doing, and we will – and we plan to, you know, honor and thank them for the work that they're doing, including yourself.

Unknown Speaker -

Thank you.

Council Member Jose Sanchez -

So we'll go ahead and jump to consent calendar items. I know we passed item 3I already. If we can, is there any particular items that council would like to pull?

Unknown Speaker -

3E. 3E.

I'll pull 3F.

3F.

Unknown Speaker -

I mean 3J but no staff report, just had a question.

Council Member Jose Sanchez -

And for 3F, is this like a report or abbreviated or report?

Unknown Speaker -

I will take the report.

Unknown Speaker -

The report, okay. And 3J, just abbreviated report you said?

Unknown Speaker -

Very abbreviated. Very abbreviated.

Unknown Speaker -

Just a question. Okay. All right.

Council Member Jose Sanchez -

So we'll go ahead and jump to item 3E.

Unknown Speaker -

I'm sorry.

Council Member Jose Sanchez -

Before we do that, we can have a motion to approve the other items that were not pulled.

Unknown Speaker -

So moved.

Unknown Speaker -

Okay. Seconded by Council Member U if we can take a vote.

Approved unanimously.

Unknown Speaker -

Excellent.

Council Member Jose Sanchez -

So now we'll go ahead and jump to item 3E for a report.

Unknown Speaker -

Good evening, Mayor, Mayor,

Martha Garcia -

Mayor, Council Members. This is Martha Garcia, Finance Director. On February 16th, the city issued pension obligation bonds in the amount of $106 million. The proceeds were used to pay the city's unfunded accrued liability with respect to certain pension benefits of the designated city employees,

Unknown Speaker -

the California Public Employees Retirement System, known as CalPERS.

Martha Garcia -

The city is required to make principal and interest payments each year on the outstanding POVs.

Unknown Speaker -

The significant increase in interest rates since the issuance of the POVs has decreased the price of the bonds in the secondary market.

Martha Garcia -

If current bondholders are willing to sell bonds back to the city at the discount, the city will generate debt service savings to repurchase the bonds.

Unknown Speaker -

So today here in our council chambers, we have Michael Mejia from Ramirez and Company.

Martha Garcia -

We also have, via Zoom, Vanessa Legband from Strandlin Law,

Unknown Speaker -

and Michael Bush from Urban Futures, and Wincy Fox, also from Urban Futures, if you guys have any questions after Michael presents.

Unknown Speaker -

good evening uh mayor and members of the city council we have a brief uh slide deck here that we're going to go through uh it's going to be short i promise and uh very very direct here so if we go to this slide here um what we did is we wanted to just lay out a little bit of a

Unknown Speaker -

background of the transaction and sort of the the steps that have happened since the transaction was completed. So back in 2021, the city, as Martha mentioned, the city issued these pension obligation bonds. And when they were issued, they were issued at an incredible time. The city had very strong credit ratings. There was very low interest rate environment, and we executed on the transaction very successfully. And so you were able to secure a very, very attractive interest

Unknown Speaker -

rate. Since then, inflation hit all-time highs back in June of 2022 at 9.1 percent. To combat inflation, the Federal Reserve began a program of increasing interest rates to essentially cool down the economy. In that effort, the current Fed funds rate, it's 5.5 percent, which is significantly higher than it was at the time that we issued the bonds. And so what happens as as Martha mentioned, in the secondary market, as interest rates go up, the prices of bonds fall. And so what we want to do in the next slide, we wanted to really kind of give a broad overview of how that happens. So bonds, taxable bonds, when they're sold, they're sold at what's called

Unknown Speaker -

par. So face value, 100 cents on the dollar. What happens is that when those bonds are issued after or they were sold, they still exist in the secondary market, and investors will buy and sell them. And so essentially the bond price is calculated as what's called the present value of all the future cash flows. And that present value is essentially discounted by the market yield, essentially. And so because of that, because the market yield went up,

Unknown Speaker -

so it's the denominator, the price of the bonds fell. And so what we show here on the right-hand side is a screenshot of what the bond price would be of your specific bond, the final maturity of the pension obligation bonds. And what it shows there is that as of Monday, what is it, I think it's 12 p.m. New York time, the estimated value of your bonds was 66 cents on the dollar. And so remember, we sold these bonds at 100 cents on the dollar,

Unknown Speaker -

but because interest rates went up, the bond price that was calculated by, it's called Bloomberg Valuation Services, would have been at 60 cents on the dollar on Monday. So you could have bought that, theoretically, you could have bought that bond at 60 cents on the dollar. And so what does that mean for you? So we'll go to the next slide, please. So what we did here is we summarized what the economics would more or less look like if we purchased those bonds at that $66 price. We added a 5% sort of cushion just because market moves at every moment of the day. And so we wanted to present something that, you know, took into account and gave us a little bit of a cushion, you know, because, again, we don't know what the market's doing at every moment in time. So the analysis assumes that the trade settles so that, you know, we're in the market and the actual purchase happens on November 22nd. we assume a bond price of 71.8, which is, again, 5% higher than what we saw in the prior slide. And again, that's that cushion that we were talking about. And we added issuance cost and what's called accrued interest. So essentially the interest that would have had to be paid to the investor from the last principal and interest payment to the day of the execution of the trade. So assuming all of that and assuming that you made a $4 million commitment, so that means that we would spend $4 million to purchase the bonds and then the issuance cost, the accrued interest, all that, the avoided debt service or the reduction in debt service that you would see would be $7.9 million. And so this is really a breakdown of sort of the economics of the transaction.

Unknown Speaker -

So if you go to the next slide here, there's a lot of numbers, and we're not really going to delve into that, but what we want to do here is present a sensitivity analysis,

Unknown Speaker -

so really kind of show how the economics get impacted by different bond prices. Now, before kind of ending this here, what we wanted to do is really we want to make something really kind of clear, that, you know, the bond market operates a lot like the real estate market in one sense.

Unknown Speaker -

And in the sense that I'm talking about is that, so let's say, for example, you know, you see houses in a certain community. And one house might be sold in that community at a certain, you know, a certain dollar price.

Unknown Speaker -

So based on that dollar price, we can deduct or you can see comparables that all the houses in that neighborhood would theoretically sell for a comparable price, right? Now, here's the thing, that you might want to buy someone's house, but that person that lives in that house may not want to sell that house. They may not want to move because that's their dream home. They may, you know, think that they could get a higher price at some time in the future. And so there's no guarantee that you could buy that house just because there's that comparable. The bond market is very similar in that respect that, you know, we, moving forward with this transaction, we would make a best effort to go out and buy the bonds. at the market price, whatever that market price may be, we have a data point here showing us that as of Monday, the market price was 66 cents on the dollar. Again, we would make the best effort to go ahead and buy those bonds at that market price to generate the economic benefit that you saw in the prior slide. But again, there's no guarantee that investors are going to want to sell their bonds. And that may be for a lot of reasons that, again, might be out of our control. So some investors might just really like Monterey Park bonds. And we've seen that in other transactions that investors really like the securities that they purchase. They want to hold on to them to maturity. There might be a situation where an investor doesn't want to take the loss, right? They might have bought the bonds at 100 cents on the dollar. They may not want to take that loss of selling them at 66 cents on the dollar. But there might be a case where some investors might want to sell those securities. And so, again, approving this item or moving forward with the transaction, we would, again, make a best effort to go and purchase the securities at the market price to generate the economic benefit that you see here. So why don't I stop there? I think we have some people on the line, but if you all have any questions, we can definitely answer them.

Council Member Jose Sanchez -

Thank you for being here tonight and for the presentation and that information. Are there any questions or comments from Council?

Unknown Speaker -

We'll start with Council Member Yu.

Unknown Speaker -

Hi, I just wanted to have a question, and then I wanted to express my opinion later. So I thought we did it for 2.66% back in 2021. So now when you make the presentation, it's 3.021%. So what's the difference?

Unknown Speaker -

Great question. So the 2.6% that you're describing, that is the overall borrowing cost of the transaction. So the transaction is basically structured by, you know, maturities that have, we're going to mature in 2025, 26, 27. What we're looking at here, we're triangulating on just the final maturity. So just that final maturity has that 3% that you saw there. When you took into account the entire transaction, because again, you have maturities that are shorter than others, the overall borrowing cost was that I believe 2.6 percent that you mentioned. Got it. Both things are technically right.

Unknown Speaker -

Sure. I wanted to give a little history about the decision. So I actually prefer to do the buyback. We did the pension obligations bond back in 2021, knowing that we can lock down the Lost interest rate, I mean at the time of 2.66, and save the city over $55 million in 25 years. So we expect to save half of the bond value in 25 years.

Unknown Speaker -

But now if we can do the buyback, we can make 33% right away instead of 50% over 25 years. Since the money that we buy back the bond can only be used to pay down the pension debts, we cannot use it elsewhere. So with that case, we can only use the formula.

Unknown Speaker -

I suggest you do the buyback now to capture the 33% saving right away. But, okay, 33% that I know that from 66%, which is the bond discount,

Unknown Speaker -

you mentioned it at the presentation, so we can save about 33%.

Unknown Speaker -

But when you mentioned about we buy back $4 million, that you said we can pay down the debts of $7.9 million, so almost double. So it set also the different calculations adding...

is your what is the current debt service that you're going to be paying and then what would be the debt service less that the four million of bonds that we would purchase right now it's

Unknown Speaker -

important to note that the commitment is four million but because we're buying the bonds at a dollar price that's under par so under a hundred we're actually buying more than four million right

Unknown Speaker -

right and so what you see there that avoided debt service that detail there and again sorry that

Unknown Speaker -

We try to make the numbers as big as we can, but what that shows is essentially what the difference between the do-nothing scenario and the debt service that would happen after we made that purchase. And so that's the sort of debt service that's avoided, if you will.

Unknown Speaker -

Okay, got it. So thank you so much that, yeah, I'm in favor of the buyback, so thank you so much. Thank you. Council Member Gung?

Council Member Vinh T. Ngo -

Yeah, let me try to lay this down from a layman's standpoint. so that we understand the math here. So what you're saying is if we use $4 million today, let's say we did it on Monday, we are actually going to save $7.9 million, the cumulative payments of all debt service between now and the bond expiration of 2043, which is 20 years. Spend $4 million today, save $7.9 million over a 20-year stretch. That's essentially what you're saying. And that's assuming that the bondholders are willing to sell. I like the perfect example. I want to buy that house, but that doesn't mean the seller wants to sell the house to you.

Unknown Speaker -

That's right. Right? Okay.

Unknown Speaker -

So that's first.

Council Member Vinh T. Ngo -

The $4 million we have today, I like Martha and Ashley, the Chandler folks who are helping us with an investment strategy, You figure out if we had $4 million to invest today based on what the market is going to do in 20 years, will we get more than $7.9 million? That's the alternative math we're talking about.

Unknown Speaker -

Correct? Yeah. Okay.

Unknown Speaker -

Then my third point is 3.02% versus 2.66%.

Council Member Vinh T. Ngo -

Of course, we all like the Lor percentages we're paying here. Those are important numbers. In your view, what is the kind of average rate in bonds over the last 20, 25 years? My point being, is that 3.021%? Is that a higher than average rate or is that a Lor than average rate over the last 25 years?

Unknown Speaker -

For this type of security? Yes. For this type of credit? Right.

Unknown Speaker -

That was when we issued the debt, it was the Lost pension obligation bond that had been ever issued in the history of the municipal market.

Council Member Vinh T. Ngo -

So it is still a very low rate, which, again, we as a group need to decide. You know, it's like everyone has a checking account and a savings account. And you have plenty of money, but you still go get a mortgage for your car or your house. for the purpose of you want the flexibility of borrowing, one, because it's a Lor tax rate and it's tax deductible, two, you want your money to do something else with it. So the question we need to ask ourselves is, for $4 million, are we better off using that $4 million to invest and grow at a clip that's greater than $7.9 million over 20 years, or are we better off spending 7.7, using the 4 million to save 7.9 million over the next 20 years left?

Unknown Speaker -

Yeah, so, sure. Is that the correct mathematics? No, absolutely, absolutely. And again, I think, I'm not sure if there was a question there, but I do have a comment. So, for example, right now, the city is earning on LEIF 3.15%.

Unknown Speaker -

If you go to the second slide, please. So on the top right, you see there, it says yield to worst.

Unknown Speaker -

So what that tells you is that buying these bonds at 66 cents on the dollar, the yield that you're locking in would be equivalent to 6.2%,

Unknown Speaker -

which is about double what you're earning right now in LEIF. again and that's just a moment in time but as we know the rates are significantly higher than you know than they were during COVID again interest rates move at all times and so that's just one data point on you know what the numbers are.

Council Member Vinh T. Ngo -

I appreciate that I wish we had the channel of folks to explain if they can get above the 6.6

Unknown Speaker -

percent because that would be very compelling. We do have our one of our financial analysts

Martha Garcia -

uh wins uh wincy fox she might be able to provide more information about um

Unknown Speaker -

did we lose her she's right there she is good evening mayor and city council um i think those

Unknown Speaker -

are spot on excellent questions and that is is for the city council to decide um even chandler will not be able to tell you what they can make in the next 20 years so it's a question of you know do

Unknown Speaker -

you take this $4 million, if you can actually successfully repurchase bonds at such a deep

Unknown Speaker -

discount, that will likely outweigh interest earnings because we don't know in the next 20 years, again, likely won't be as high interest earnings as it is currently. But I think the ultimate question also will be, Mike mentioned, there may not be any sellers.

Unknown Speaker -

So, you know, if the city council decides that it's worth it to give it a shot, because if you can buy it at a super discount, then you can save a lot of money. But at what point,

Unknown Speaker -

if it's not successful, do you then want to repurpose those monies? And how long do you want to hold that liquid is, I think, ultimately the question for council as well.

Unknown Speaker -

We also mentioned in the staff report another alternative use of monies, not only is just to

Unknown Speaker -

hold it with investments, but you could also consider taking

Unknown Speaker -

that money and making additional discretionary payments to pay

Unknown Speaker -

off the new basis that have occurred with CalPERS

Unknown Speaker -

in the last year.

Council Member Vinh T. Ngo -

You just follow up. I think, Martha, I think what the ask is up to $4 million for this repayment if we should move forward with it. Correct. Up to $4 million, not necessarily $4 million, but up to $4 million.

Unknown Speaker -

Correct.

Mayor Proton?

Council Member Thomas Wong -

I mean, taking a step back, how did we arrive at the $4 million that we're talking about right now?

Martha Garcia -

We have a tentative end of year for fiscal year 2023 of $4.4 million in that fund. uh just so we haven't we have 4.4 million in that fund that could be used to as as wincie says to pay off to to send to calpers to um to reduce our new ual debt that we have or we can uh try to repurchase some of our our bonds but we cannot use that money for anything else so this this is

Council Member Thomas Wong -

surplus from the existing pension tax generated revenue. Okay. And that's the total amount we have available in the pension?

Martha Garcia -

As of June 30th, 2023, yes. Do we expect

Unknown Speaker -

additional surplus in future years? Potentially, yes.

Unknown Speaker -

So we could go to do this? Yes. We could do other things with it. But we do

Unknown Speaker -

have a new UAL. We used to be at zero when we

Martha Garcia -

paid it off but it has increased and I'll bring it back during budget

Unknown Speaker -

discussions but it has increased okay I might share councilmember goes kind of

Council Member Thomas Wong -

question on right what if we have money lying around what's the best use for that and how do we get a better return whether it's this buyback of some of our a portion of our pension operation bond or continue to prepay some of our UAL or if there is a way to invest this, there are CDs or short-term bonds that we potentially could look at that are paying, I think, 5-plus percent interest, although those terms may not be for 25 years,

Unknown Speaker -

but for a few years.

Unknown Speaker -

So I don't know.

Council Member Thomas Wong -

I know that the action that's being recommended

Unknown Speaker -

is to authorize this amount,

Council Member Thomas Wong -

but I would want to see if we can look at these other options, too, to see what makes the most sense

Unknown Speaker -

and saves us the most money so this is just an option we have many options we can take direction

Martha Garcia -

from council to what other options we can look at but again we're here just to present one of

Unknown Speaker -

the many options that we have for uh the surplus in this fund and martha just so i understand it

Council Member Jose Sanchez -

so the four million dollars one more time um can be used and just just uh can you give us some examples other than ones you've already mentioned that where we can do with so it's a special

Unknown Speaker -

revenue so it can only be used for pension so it can be used to pay off to pay off our ual our

Martha Garcia -

unfunded liability with uh calpers we can use it to repurchase some more bonds we can use it to

Unknown Speaker -

also pay uh our active um recurring uh pension pension payments for our active employees i guess

Council Member Jose Sanchez -

Thanks to the Mayor Pro Temp's point, I just wanted to see what other potential options we could explore before we commit ourselves to something. But that being said, you know, this is also a very attractive option.

Unknown Speaker -

Council Member Lo.

Unknown Speaker -

A question.

Unknown Speaker -

What is right now our unfunded liability? What is it currently?

Unknown Speaker -

I don't have the exact number.

Martha Garcia -

I'll be bringing it back during our budget discussions.

Unknown Speaker -

But it is in the millions.

Council Member Thomas Wong -

and that's due to the calpers return not come not meeting right and they cut the discount again yeah and they're trying to cut to six and a half where they at now right there i think they're at

Unknown Speaker -

6.8 and they're gonna if they want to cut more yet sorry ual is gonna continue to go up yes

Martha Garcia -

but we're in good standing we're doing really good our auditors compared to a lot of others Right because we we own more than 90% of our pension. So we're in good as long as we're in the 90% we're in good standing

Council Member Thomas Wong -

If we pursue this option, I Think it was in the staff report, but I can't remember How much are we out for fee or if we're if we want to initiate this option without necessarily exercising it How much are we out any amount for fees or or anything? What's the cost of exploring this option?

Unknown Speaker -

So the fees, so our fees only get paid if we execute the transaction.

Unknown Speaker -

The municipal advisor's fees only get paid if you execute the transaction.

Unknown Speaker -

I believe the only fee, it's a $25,000 fee for the attorney that, I guess, that filed all the paperwork on that.

Council Member Thomas Wong -

I mean, so given that I think very clear we want to explore options and maybe we can bring this back when we're ready to execute a specific agreement. I don't know if you need, it sounds like you need authorization from the council tonight to at least explore this option. It sounds like it's not going to cost us very much to at least have these explorations. So I'm happy to support this item and the recommendation. but knowing that staff will bring back to the council, explore analysis of these different options for us to consider in terms of saving interest costs on our POV. So kind of best case scenarios for us.

Unknown Speaker -

So I could be clear.

Unknown Speaker -

You're asking us to explore maybe Chandler, you know,

Martha Garcia -

investing with Chandler, the 4 million, or investing with CDs, the 4 million. but also possibly moving forward with this project because we would have to hold off on the project if we're going to look at the other items.

Council Member Thomas Wong -

Yeah, no, if Chandler comes back with options for us that have better interest savings or better returns than what we're seeing based off of our analysis here, I would definitely want to explore those other options too unless there's some sort of urgency. I mean, I know that interest rates can change and the value of our bonds will maybe change. But I think this is worth some additional new diligence on the other options simmering back to council, unless I'm understanding this differently.

Council Member Vinh T. Ngo -

I think maybe we need to just, the motion would be to continue to proceed with Mr. Ramirez in exploring this option. At the same time, there's still time out there. Also check with our other asset investment managers to figure out if there's a better alternative than the savings here. And then ultimately I need to come back to City Council for approval, whichever direction we take. But it's kind of like a dual track to proceed here and also to explore.

Unknown Speaker -

And before we do that, we have a Council Member, you, as a comment.

Unknown Speaker -

I wanted to tell you guys that this is not something will be there all the time. This is a one-time lifetime I've seen.

Unknown Speaker -

The lifetime dropped to the Lost within like two years. We dropped 33% on bond market in two years.

Unknown Speaker -

I haven't seen something like that in my life because the reason we have a very high inflation rate, so the interest rate increased dramatically within the two years, and the war, and a lot of things happened. So it just makes it a once-in-a-lifetime opportunity. The window is about two months. If we wanted to capture that 33%, it's only two months. If we decided later, then the 33% will go back up to maybe just 20%, 15%. So it will not be there all the time. So we are making a decision now within a very short window. It's not like they were here all the time waiting for you. No. So the bond price usually will not drop that much. It will be just a single digit. but even interest rate goes up, we will not...

due to the inflation. So I wanted to tell you that this is a once-in-a-lifetime opportunity,

Unknown Speaker -

33% saving within two years. Amazing.

Unknown Speaker -

We did actually make a very good decision two years ago that we captured the Lost interest rate. That's how we can win a jet pot, I would say, right now. And we are thinking about how to get the jet pot,

Unknown Speaker -

which is one time, or you want it to lay out for 25 years. So let's say you win a lottery. Then people will ask you, do you want to get it one time, which is a little bit less, or lay it out to the next 20 years. So this is now we're making a decision about a jet pod.

Unknown Speaker -

And so I suggest that we only $4 million we have available. I wish we had $40 million or buy back the whole thing. But, yeah, we only have $4 million available. and I really suggest hopefully the market can take on the $4 million and we can pay back almost $8 million on our debts. If we have more money to accumulate in the account, then we can think about using it elsewhere or maybe pay back to other unfunded liabilities. But this is not the options that will stay there for a long time. We can even wait until the next council meeting to make decisions.

Council Member Jose Sanchez -

Well, given the sense of, oh, sorry, City Manager.

Unknown Speaker -

Mr. Mayor, members of the Council, if I may, definitely during our last conversations with Chandler,

City Manager Inez Alvarez -

they had explained to us that it's difficult and they cannot do a projection in the future, correct? They couldn't tell us what the market's going to do in the future. They did give us examples of the last 20 years. So if we're asking for assistance in trying to figure out what we can do with this fund that's available in our reserve, I think Chandler's going to probably be able to look at history and tell us what potentially happened over time in the past. But projecting forward, as Wincy had mentioned, it's difficult for them to be able to project the future of what the market's going to look like. and maybe i don't know if wendy's still on maybe she can jump back in and just try to describe that a little bit better so for staff we do need um if council is um i i'm uncertain about the direction at this time if council would like us to proceed with this option and maybe bring it back at the next council meeting i think we could hear also from michael on the timing of of this item but the do both or the parallel approach Council Member Ngo, I'm not sure

Unknown Speaker -

that that approach is doable for

City Manager Inez Alvarez -

staff because if we're trying to head into one direction, I'm not sure that we're going to be able

Unknown Speaker -

to bring back other

City Manager Inez Alvarez -

options if we're asking to go forward with this option. So we're looking for some more clarification. So Wincy and Michael, if you could help with those

Unknown Speaker -

clarifications, please. Is Lindsay still on? Wincy should be.

Unknown Speaker -

Yes, I'm still on.

Council Member Jose Sanchez -

I don't know if we can ask her just in terms of this type of investment that we're trying to do right now. Would you say, would you recommend, and would you encourage us to move forward with this investment?

Unknown Speaker -

Yeah, so I applaud all of the council for the thoughtfulness behind this analysis. I do want to say that none of these are, these are all great options, actually. and no one can say for certain which one will be better until 20 years have passed. And so really, I think what the decision right now is, do we want to give it a try? Because at the end of the day, as Mike mentioned, there's a price out there. We don't know what the price will be. We don't know if anyone's interested. And so it's hard to do the analysis because if someone's interested in a price of 75, it's a little bit different than 70. And so going out and seeing and giving it a try, I don't think is, it's probably a good thing to see what's out there. And then, you know, in two months and three months, we consider other options if it's not, none of the bonds are being sold. It's really just going out there and see if there's anyone interested. And, you know, there's really one non-contingent fee. And so just going out there and giving it a try, I don't think is a bad option.

Unknown Speaker -

So if I understand, Council Member Lo. So thank you. So if we say we're to move this item so that the term is like we can pull back in two or three months, especially if the bond market doesn't respond how we think it might?

Unknown Speaker -

Yeah. So the way that we structure the transaction is that no money actually gets, you actually don't move any money whatsoever until the actual transaction gets executed. So there's about two weeks left in the year, really, of active market participation, right? Because next week, it's Thanksgiving week, and things are pretty much dead. And then you have two weeks in the beginning of December, and then after that, it's the holidays, and everybody's pretty much gone, right? And, you know, interest rates keep moving, but that's really when all the activity is happening in just financial markets. um so but specifically to your question is that the the city does not make a cash outlay until we uh ramirez and company goes out and actually purchase the bonds successfully and then once the bonds are purchased successfully we then deliver them to what's called your trustee who is essentially the person that or the firm that manages all your payments and then once that happens then you guys are the city would then uh make ramirez whole so uh we would go out and essentially make an effort to purchase the bonds under the guidance of your executive team here to meet certain, let's call it price thresholds. And then if we're able to meet those price thresholds, then and only then, we would then execute the transaction if there's a willing seller, deliver the securities, and then the city would then pay Ramirez for essentially the securities that we purchased on your behalf. And so no money gets exchanged until there's a

Unknown Speaker -

successful transaction. And walk us through a timeline. I mean, I know you're saying the holidays are, but you're saying more, this is more like something that will happen in January or

Unknown Speaker -

February? No, no. So for example, if the item's approved today, I spoke to our head trader on the taxable side this afternoon, and essentially we would try to get into the market as quickly as possible. So we would potentially try to execute the transaction on Friday or maybe Monday or Tuesday of next week just because of the holiday. Once the transaction gets executed, there's about a two-day settlement that we set up in order to give us time to be able to deliver the securities and then for the city to have time to essentially pay us for the securities that we purchased on your behalf.

Council Member Vinh T. Ngo -

So, Mario, I'll ask a simple question.

Unknown Speaker -

Sure.

Council Member Vinh T. Ngo -

We're looking at it from our side of the ledger.

Unknown Speaker -

Of course.

Council Member Vinh T. Ngo -

You are the bondholder. You hold the coupon at 3%. You bought this thing two years ago. What's in it for you to sell this?

Unknown Speaker -

Sure. So it depends who the... So in this hypothetical scenario, I'm going to give you, I think, three different examples. So the first example...

Unknown Speaker -

So let's say, for example, I'm an insurance company. If I'm an insurance company, I don't necessarily have to mark-to-market, which means that I don't have to on my financial statements

Unknown Speaker -

book a loss. So if I, for example, took purchase securities and then tied them to an insurance policy, why would I take the loss? There's no point in selling them back to you, right?

Unknown Speaker -

If, for example, I'm a trader, right, and I'm trying to make a market and I see that there's an opportunity of potentially selling securities and then reinvest those proceeds in higher yielding assets that I could purchase at this moment in time, then maybe I would do it. And so every investor is going to have their own psychology, which is why we're saying that we would go out and make a market for the securities, essentially purchase them. But there's no guarantee that there's going to be a willing seller, especially at the prices that you're seeing here.

Council Member Vinh T. Ngo -

So essentially the seller is looking for opportunities to basically cash out and invest that money in other places. It means they have the foresight to say there's other opportunities out there where I can make more versus the 3%. take a loss now and redivest that money to do something else.

Unknown Speaker -

That could be one scenario that one investor may think about. Yes.

Unknown Speaker -

Mayor Potemang.

Council Member Thomas Wong -

Understanding that, right, well, one, my viewpoint is that there's no perfect way to time the market, right? You just can't, you don't know where things are going to happen and what's going to happen. And knowing that we have not done an analysis on, right, what the impact of prepaying our additional UAL to PERS would be, I mean, that could compare actually very favorably if there is a 6.5% assumed rate of return to the savings that we would get on purchasing back some of the pension obligation bonds. We don't know, and I'd rather err on the side of caution and doing a little bit more work as opposed to just trying to time and move forward with this specific recommendation if we haven't looked at others already yet. And if that's the case,

Unknown Speaker -

I don't know if,

Council Member Thomas Wong -

and I'll look to Carl to correct me.

Unknown Speaker -

If we,

Council Member Thomas Wong -

I understand that we need to be able to move quickly if we want to take advantage of this into one of the speaker's earlier point.

Unknown Speaker -

These are all good options.

Council Member Thomas Wong -

They're all going to help us reduce future interest costs, whether that's prepaying PERS, UAL, or buying back our bonds and whatever.

But I would prefer to be a little bit more cautious, do some more analysis and work, see what our options are. But I would be willing to give staff flexibility, if we can, to authorize up to $4 million for staff to do the analysis and to execute one of these options that we've been talking about to save us on insurance costs. I don't know if that needs to come back specifically to Council for Action if we're going to sell buy-back bonds versus paying down UAL or if we can give staff authority to do that.

Unknown Speaker -

Mr. Mayor, members of the Council, you can certainly delegate that authority.

Unknown Speaker -

One thought that I will throw out there for the authority

Unknown Speaker -

is authorizing the Investment Policy Committee

Karl Berger -

to make that decision based upon the criteria

Unknown Speaker -

from the City Council.

Karl Berger -

And the reason for that is, of course, you have an elected city treasurer that sits on the investment policy committee, and that's already established, and it also has staff members on it. So you have sort of a brain trust there for making that determination. So I think that's one option for you. Otherwise, you can simply authorize the city manager or designee to make the decision.

Council Member Thomas Wong -

I'm going to look to Martha to see if that may even make sense for us to do, to have that kind of flexibility for staff to and the investment committee to work that way it would

Unknown Speaker -

definitely if we if it's delegated to our city manager or the investment committee because we

Unknown Speaker -

can't move we can't do one if we do one we can't do the other so if we move forward with the

Martha Garcia -

repurchase then it would be mute to do looking into the four million and what kind of a income

Unknown Speaker -

revenue would have generated in the past 20 years. So if we first meet with Chandler and discuss it with them

Martha Garcia -

and then maybe by next week we can

Unknown Speaker -

then move forward with this

Martha Garcia -

decide which way we're going to go by next week that would be much faster and we can still be in the market. Would that

Unknown Speaker -

work? Michael? Yeah, absolutely.

Unknown Speaker -

That being said,

Unknown Speaker -

I'm happy to make a motion

Council Member Thomas Wong -

to delegate authority of the investment committee to analyze the options quickly do some due diligence the next week and give them the authority to decide to move on the right and the most valuable ROI investment option for the $4 million surplus

Unknown Speaker -

we have in our pension fund. Okay. Does that make sense? I'll second that. I think that makes sense.

Unknown Speaker -

And that includes this option too, right? Yes. It will include this option, yes. Okay. But knowing

Council Member Thomas Wong -

that staff will, and we're asking staff to report back on what the ultimate decision was made and what the potential savings is going to be.

Unknown Speaker -

Okay. Yes, we could do that.

Council Member Jose Sanchez -

Okay. So there's a motion and a second by Council Member Ngo,

Unknown Speaker -

if we can take a vote.

Unknown Speaker -

Oh, one more time. One more time.

Unknown Speaker -

Approved unanimously.

Council Member Jose Sanchez -

Thank you. And thank you for your time and for the explanations and for answering all of our questions.

Unknown Speaker -

Absolutely. It's a pleasure. I've been working with the city for many years now,

Unknown Speaker -

And yeah, I feel like you know, I feel like it's my hometown. So absolutely

Unknown Speaker -

There's a second item and he's not done yet. Oh, he's

So we'll go ahead and jump to item 3f yeah, we're playing up the PowerPoint. Okay

Martha Garcia -

Okay, I'll try to go through this PowerPoint quickly, and then I'll pass it on to the finance team. And we also have Rick Simonson from HF&H, who did the water rate study analysis.

Unknown Speaker -

So this is the next slide, please.

Martha Garcia -

So we are set for December 6th to do a public hearing for the water rate adjustments.

Unknown Speaker -

We sent out our notices on October 16th.

Martha Garcia -

It was Proposition 218 notices introducing the possible water increase of 32%, 8%, 8%, 7%, and then 8% for a span of five years from fiscal year 24 ending in fiscal year 28.

Unknown Speaker -

and we're going to be also discussing the issuance of bonds

Unknown Speaker -

for the needed improvements of the water system

Unknown Speaker -

that could Lor our cumulative rate increases

Unknown Speaker -

and it will also help accelerate some of our much-needed projects.

Martha Garcia -

On September 23rd, Council received the water

Unknown Speaker -

goes to 32-8878 for the fiscal years ending with 2024 and 2028. This rate structure is based on a cash-funded pay-as-you-go infrastructure rate structure.

Martha Garcia -

So if we were to continue with this rate structure, we would, as revenue is received,

Unknown Speaker -

we would then budget for it to be able to do our infrastructure.

Martha Garcia -

then we would also but council can decide to go Lor than the than the than the current rate structure than the proposed rate structure but they can't go higher but we so this is the highest that we can go but we can't go Lor next slide please so what our finance team is here and our and rick from hfnh they're here to discuss and answer questions for a possible 20 million dollar

Unknown Speaker -

water bond for infrastructure for the next three years.

Unknown Speaker -

If we were to finance, it would accelerate our much-needed projects that we have quite a bit

Unknown Speaker -

aging infrastructure, and we need new water meters. Our water meters are currently not

Unknown Speaker -

failing, and some are not recording the right amount of water usage.

Unknown Speaker -

If we were to finance for $20 million, it would drop the first year to 26%, and it would drop the last year to 7% in that same 20-year period.

Unknown Speaker -

The bonding takes approximately four months to complete, and approving this resolution tonight engages the financing team and directs staff to begin financing the financing process, but does not commit to issuing the bonds. So today it just directs us,

Martha Garcia -

but we're not committed to doing it until we come back.

Unknown Speaker -

The staff will return in January of 2024 for the bond approval,

Martha Garcia -

and then financing would close in February of 2024.

Unknown Speaker -

So this is a table showing the rates.

Martha Garcia -

if we were to do pay-as-you-go at 32, 8, 8, 7, and 8, and then we'd have a, if we bond it for $20 million, we would be able to reduce the first year to 26%.

Unknown Speaker -

So that's our table.

Unknown Speaker -

And then I wanted to show you a few pictures of our aging

Unknown Speaker -

and our water meters that are not functioning correctly.

Unknown Speaker -

So these are some pictures of our water meters that are leaking,

Martha Garcia -

and they're not properly identifying how much water usage some of our residents and commercial buildings are using. So we need to replace them so that we can capture the correct revenue for our city. And then we have some pictures of some piping that's aged.

Unknown Speaker -

Next slide, please.

Martha Garcia -

We have pictures of piping, water pipes, that we have a lot of aging, wider pipes,

Unknown Speaker -

and there's a lot of leakage throughout the city.

Unknown Speaker -

We do have Sean here from a public works director that can also talk a little bit more about aging infrastructure.

Martha Garcia -

And we have another picture to show. You know, if we see we have a lot of water leaks, a big one there, flooding of aging infrastructure that we really need to accelerate some of these projects.

Unknown Speaker -

And with the pay as you go, we would not be able to do that. So I'm going to pass it back on, back to the team.

Martha Garcia -

so we have Vanessa

Unknown Speaker -

our bond counselor and we have Wincy

Unknown Speaker -

from Urban Futures she's our financial advisor and we have Rick

Unknown Speaker -

from HFNH and then we have Michael Mejia here our money guy

Unknown Speaker -

alright thank you so much for that report

Council Member Jose Sanchez -

it's obvious that we desperately need to do something about our infrastructure But are there any questions from Council or comments?

Unknown Speaker -

I'll start with Council Member Lo. Sure, thank you.

Council Member Henry Lo -

Martha, again, thank you for that presentation.

Unknown Speaker -

You know, especially for the audience watching, I mean, you know, even a 26% rate change.

Council Member Henry Lo -

I mean, can you kind of, like, walk – I mean, I know it's a percentage, but what does that mean, like, to an average water bill? Knowing that water bills vary, of course, by size and also usage. But I'm just again, I think that's always helpful for people to wrap their hands around it

Unknown Speaker -

Rick would you like to answer that question or I can

He's coming on

Unknown Speaker -

Good evening. Yeah, I'm trying to pull up the model now

Unknown Speaker -

Martha if you have that answer feel free to chime in I believe when I looked at when it was a 32%

Martha Garcia -

It was for the average household. It was like a dollar more a month

Unknown Speaker -

For the average household

Martha Garcia -

but Rick could get the model and give more detail.

Unknown Speaker -

A dollar more a month?

Martha Garcia -

Yeah, because the meters are, we changed the structure of the meters

Unknown Speaker -

to and how they're charged.

Unknown Speaker -

That's on average, right?

Council Member Vinh T. Ngo -

You said that's on average?

Unknown Speaker -

On average, right. But it would just be for the residents

Martha Garcia -

like a single family home.

Unknown Speaker -

Yeah, so I've pulled that up. For average water use, which is 10 units of water each month,

Unknown Speaker -

it would increase the charge $2.69.

Unknown Speaker -

A month or by monthly?

Unknown Speaker -

This is in a monthly period. Okay. $2.60 more.

Unknown Speaker -

Yeah, and as the rate structure, you have tiered rates.

Unknown Speaker -

If you use more water, you'll see a larger increase.

Unknown Speaker -

So the 32% increase is not felt equally amongst your customers.

Unknown Speaker -

Some will be Lor, some will be higher. I see.

Unknown Speaker -

So we're talking about $31.

Council Member Henry Lo -

I mean, I know, but based on what you said, possibly a $31 change annually.

Martha Garcia -

I didn't have the Rick has the actual numbers in front of him and I don't have them in front of me so Rick saying it's two point two dollars and sixty cents a month for the average household and Rick is that the 32 percent or the 26 percent

Unknown Speaker -

that is 32 that's in the proposition 218 notes what would be for the 26 percent

Unknown Speaker -

Do you have that?

Unknown Speaker -

$2.10. That drops to $0.80.

Unknown Speaker -

$0.80? $1.90.

Unknown Speaker -

That's for single family.

Unknown Speaker -

You also have multifamily and commercial customers that are impacted differently. We're seeing larger increases to your multifamily customers.

Unknown Speaker -

Okay. Interesting.

Council Member Henry Lo -

And then this question is Sean, actually. How often do we experience, like, these water pipe births? I know that, you know, all of us as residents, you know, will get notices about a street closure because a pipe just burst. And I know there was one that just came out last week. And actually, we have two last week, but I'm just curious. How often are we registering these or detecting these?

Unknown Speaker -

Good evening, Mayor and Council. So this can vary.

Shawn Igoe -

So I would say on average probably two a month.

Unknown Speaker -

Two a month. Yeah, so that's going to vary. But again, it varies. That's in combination.

Shawn Igoe -

so it's an average of about two a month over the course of a year okay and the last one we had like

Council Member Henry Lo -

how much water was was lost because of the birth and like between when it was detected and the

Shawn Igoe -

repair time i don't have those numbers in front of me but typically for for a normal break you're

Unknown Speaker -

probably gonna leave several hundred thousand gallons several hundred thousand several hundred

Council Member Henry Lo -

thousand i just have a question because i know again for those who are watching i mean audience or at home you know i think it's important to like what does that translate to like you know dollars and cents or those who care about our water supplies or having actually water you know what does that mean to our water supply so you're

Shawn Igoe -

saying 700,000. Yeah each one each yeah each event so and then you know not only that then we also have our staff time we have you know impacts to residents that are without water for a period of time potentially so there are several

Unknown Speaker -

impacts that can be caused by those those main breaks. So in the last breakage

Unknown Speaker -

we had how long did it take to repair? I that I again I don't have that

Shawn Igoe -

information typically they're going to be four to six hours for for a standard

Council Member Henry Lo -

repair but but me like me said presidents have to do what low water pressure or no

Unknown Speaker -

water at all for 10 hours yes potential okay and Sean I just want to add a

Council Member Jose Sanchez -

follow-up question with what councilmember low said or asked when we go and do fixtures and you're saying that on average to a month I'm assuming and I'm not sure if you can correct me if I'm wrong, but I'm assuming that we are spending more money by fixing problems that are arising as they come in the long term, right, than moving forward with just replacing and fixing and updating our pipes, right? And so moving forward with this might be a better option financially also for the city, right?

Unknown Speaker -

That's correct.

Shawn Igoe -

It typically is more expensive to come in and make repairs. And then at the end of the day have to come back and replace the pipe so in essence we're duplicating our work right and then

Council Member Jose Sanchez -

Not to mention the inconvenience and that it's causing residents, but also the amount of time and money that That we pay workers city workers or contracted out

Unknown Speaker -

When stuff like this happens, right? That's correct and then if we're just because I see that you brought a lot of pipes here

Council Member Jose Sanchez -

Just on average, what would you say a lot of the fixtures that you're doing now? most of those pipes are about how old you would say?

Shawn Igoe -

They vary. They typically from the 60s is going to be most of them but it truly does vary. We have stuff that's out there that's 80 years old. We have stuff that's 30 or 40 years old. So we have stuff that's going in today that's really a couple months old. So it really does vary. We saw significant upticks I think in the 50s and 60s when development started happening. So again, our infrastructure is aging and we need to start investing in that before we have more significant problems.

Unknown Speaker -

Okay. And I'm not a plumber, but on average,

Council Member Jose Sanchez -

what would you say that pipes like these are meant to last?

Unknown Speaker -

How long are they meant to last?

Unknown Speaker -

It truly depends on the type of pipe.

Shawn Igoe -

I mean, you can see here we have various types of pipe.

Unknown Speaker -

We have some that are cast iron. We have ductile iron.

Shawn Igoe -

There's various different types of metals. We're converting over to PVC. And so it really does vary. But some, I mean, we have some pipe that could last 100 years old. There's so many factors when it comes into it. Water quality comes into it. Soil types come into it. So it's hard to say how long a true pipe will last because there's so many factors that are involved

Unknown Speaker -

But the point is that we 50 to 100 years it's getting very various different ranges depending on location

Council Member Jose Sanchez -

But a lot of this infrastructure is already extremely old and then we're seeing a lot of the side effects of that with a lot of the

Unknown Speaker -

Pipers and stuff like that

Unknown Speaker -

Okay, just wanted to clarify something councilmember go. Yeah, I just have a quick question for staff

Council Member Vinh T. Ngo -

When was the last time the city had a water rate increase just year just 2017 2017 so it's been at least six years. Okay, so question for Michael if we went out with a 20 million dollar bond today

Unknown Speaker -

What would the rate be? Yep, so we looked at that today

Unknown Speaker -

the rate would be About four and a half percent when you take into account off these

Unknown Speaker -

that will change on a day-to-day basis,

Unknown Speaker -

but more or less 4.5 to about 4.6 if you did it today. All right.

Council Member Vinh T. Ngo -

So I will give you my personal gut feeling on this, which is we are buying back a 3.026 rate so that we can put in a 4.5% rate. Doesn't make sense to me. However, I will explain this. We are getting this $20 million bond,

Unknown Speaker -

for infrastructure purposes.

Council Member Vinh T. Ngo -

I see, I don't know if the audience, folks in the audience can see that, but those pipes, they've been around

Unknown Speaker -

close to 100 years.

Council Member Vinh T. Ngo -

They're basically rotted, right? We need to fix those. So my gut feeling on this is if we're getting the bond to fix the infrastructure,

Unknown Speaker -

I'm all for it. If we're getting the bond

Council Member Vinh T. Ngo -

to save our community or residents from paying another $2.69 on average a month more? I don't really get that. I'm going to go back with JFK. Ask not what the city can do for you. Ask what you can do for your city. We're talking about $2.69 a month for water rate, which hasn't increased over the last seven years. A Big Mac has increased more than that in the last seven years. and I will be happy to talk to any resident who wants to express their concern about raising the interest rate or raising the water rate on this, but the bottom line is we probably need the bond, Sean, more so for the infrastructure because you're losing millions in gallons of water if it breaks, and you're losing service, you're losing disruption to the city. That's more critical if that's the right understanding.

Shawn Igoe -

Yes, that would be a good understanding of what we need to do, why we need to bond.

Unknown Speaker -

It's an investment of our infrastructure.

Unknown Speaker -

And the bond would help expedite the fixtures and the projects, right?

Unknown Speaker -

That's correct.

Unknown Speaker -

City Manager?

Unknown Speaker -

If I may, Mr. Mayor, members of the Council, just to go back, when there is pipes that burst underground

City Manager Inez Alvarez -

and staff do a great job of trying to repair them so there's less impact to the residents. Sean, is it correct that the repair that's made is an emergency repair, so it's sometimes just a brace? We're not actually going in and replacing that pipe.

Unknown Speaker -

Is that correct?

Unknown Speaker -

That's correct. We could do a variety of different things. That's correct.

City Manager Inez Alvarez -

So there's an example of that here as an option. Or you might be spot repairing, which means the rest of the pipe is still in bad shape and we're just fixing a segment of the pipe. So in those circumstances, it's a temporary fix.

Unknown Speaker -

So if we would have had funding, maybe we could have extended it. I don't know.

Shawn Igoe -

But to your point, it's just we have various options to do repairs, but it doesn't fix the problem completely.

Unknown Speaker -

Mayor Patem.

Council Member Thomas Wong -

A series of questions that may be scattered, but it's all apologies in advance. One, I know the item before us is to authorize proceeding on the analysis and research and preparing to bond for 20. The ultimate decision will come back to us. How did we land at $20 million? dollars can you kind of explain what those priority products you identified are sure some of those are

Shawn Igoe -

include the water to martha's earlier point the water meter project was about nine million we also have reservoir improvements we have water main replacements so there's various um projects that we have outlined within our cip program um so those are all really already already listed within our cip we also have plc upgrades at various water facilities so there's a variety of different

Unknown Speaker -

things we have going into this 20 million dollars and there's no I mean I totally understand I think

Council Member Thomas Wong -

the council understands right the benefits of bonding to get right take advantage of current construction costs because I we think I don't think we'll see construction costs deflation anytime soon so the longer we wait if we don't bond right we have to accumulate the cash to do these products we already know we have to do but we probably should have been doing if we had the money the last few years to get ahead of this and to get ahead of continued expected cost inflation for supplies and labor and all that stuff so to get this work done as soon as possible to save in that sense knowing that we'll have to pay interest though but we just don't have the money if we had the money

Unknown Speaker -

we wouldn't have to borrow is there are there more than 20 million dollars that

Council Member Thomas Wong -

we should be looking at bonding and projects kind of worth that we should be accelerating where we can where we can do that so one of the things we talked about last how we

Shawn Igoe -

brought this before council was is that we have a certain bandwidth right we have not only water projects we have sewer projects we have streets projects so we want to make sure that the amount of money that we bond we can complete those projects in the three years that we have to complete them so no different than the street bond that we took out um we're we pushed that line up until you know this month and so we're trying to make sure that we balance our projects while also completing the the ones we can for the 20 million of course we can use more money to complete more projects but we want to make sure that we don't overburden our staff either and not being able to complete those projects in that amount of time and then we're going to ultimately lose that money

Council Member Thomas Wong -

uh and then uh you talked about the water our current water meters failing uh We replaced just a few years ago, is that right? A significant portion of our meters with AMR meters. Can you talk in detail what's with the failure rate for our existing meters?

Unknown Speaker -

I'll give a high level.

Shawn Igoe -

So we replaced about eight, nine years ago, and so they are beginning to fail.

Unknown Speaker -

We've had some challenges with the manufacturer.

Shawn Igoe -

We've been going back and forth with the manufacturer on how we radiate this. Ultimately, the typical life is 10 to 20 years. So we're reaching a point, but we want to make sure that the infrastructure we put in not only deals with the water loss that we have, but also looks at AMI. So something that we can actually push data out to our residents, give them data that allows them to make smarter decisions with their water use, but also gives us data that allows us to report to the state. As regulations and requirements change, we want to make sure that the infrastructure we put in there is going to be beneficial to the residents and to us. So that's really in a nutshell.

Council Member Thomas Wong -

Yeah, and the AMI infrastructure for the smart meters will be similar to what we residents already have in terms of the electric meters that are smart meters.

Unknown Speaker -

They can report data.

Council Member Thomas Wong -

We can see usage more regularly. It saves costs on our end and allows us to analyze data and be more efficient with our system, too, and detect leaks.

Unknown Speaker -

Exactly.

Shawn Igoe -

Exactly. And then the benefit to that is that depending the type of technology we go with and how residents want to sign up, they can get leak detection notifications immediately. So instead of having to wait currently, they have to wait two months to be notified of a leak, they can be notified within minutes. So there's huge benefits to not only the city to see the water use, but there's huge benefits to the residents being able to know that they have a leak in their home, especially if they're on vacation out of town.

Council Member Thomas Wong -

and then I know that well one but back to the finance question I think I assume this is the same situation as what we were discussing in the item before this but right the analysis that we will be authorizing tonight there will be no costs to the city to do most of that work until and unless the city council authorizes actually moving forward with bonding that's right that's right

Unknown Speaker -

so I the reason why I think there's that that lag time is because you know over the next couple

Unknown Speaker -

months we would be working on the offering documents the rating presentation it you know

Unknown Speaker -

a lot of due diligence that would have to happen and and then essentially this just authorizes us

Council Member Thomas Wong -

to begin doing that work thank you uh so it doesn't cost us anything to do our due diligence and be prepared to issue bonds right and then to councilmember Lo's earlier point around um right how we communicate rate increase in the impacts to customers. Understanding we put in the staff report here for the Prop 218 process too, the percentage increase, I think it would be more instructive to have the average bill, average customer household kind of bill increase number, right? That 32% I think is a shocking number for a lot of people versus, right, $2.66 a month for the average customer. if we can make sure we include that context for people so that it's the right context we're providing for what we're asking our residents and customers

Unknown Speaker -

to be able to shoulder.

Council Member Thomas Wong -

And I think I know that the public hearing for the 280 process at the next council meeting,

Unknown Speaker -

it's not the item today,

Council Member Thomas Wong -

but I think it's important to note if anyone's actually watching this and preparing to dig into the report on our rate analysis and the rate study, our existing revenue enterprise fund for water, we're currently and have been for a number of years operating at a deficit, right, Sean or Martha?

Unknown Speaker -

No, we haven't been.

Martha Garcia -

We're down to possibly getting a deficit in this fiscal year, but we have had, we've dwindled down our reserves.

Unknown Speaker -

We had reserves.

Unknown Speaker -

Let me clarify.

Council Member Thomas Wong -

We are not generating revenue on an annual basis to cover our costs. We have been taking and utilizing existing funds that we had set aside for capital projects, rebuilding infrastructure, water pipes, mains, water tanks, treatment facilities, that was meant for that to subsidize our existing O&M costs for years now.

Unknown Speaker -

That's correct, yes.

Unknown Speaker -

So in that sense, we've been off. That's what I mean by deficit.

Council Member Thomas Wong -

We are not generating, right, customers in the city who are using water are not paying enough on their water bills to cover the actual costs right now and have been for years. And that's why we're going out to ask for these rate increases

Unknown Speaker -

to better match our known expenses

Council Member Thomas Wong -

and our assumed expenses going forward

Unknown Speaker -

in the next few years

Council Member Thomas Wong -

to better match that to actual revenues that make sure that we're not going to go into a deficit

Unknown Speaker -

and run out of money

Council Member Thomas Wong -

so that we can't make these necessary repairs and maintenance for our water system.

Unknown Speaker -

Yeah, that's correct.

Council Member Thomas Wong -

And I mean, just looking at the, through the report, right, even some of the assumptions for cost escalation for our water system and sewer system expenses, I look at the utility rate cost escalation assumption, that's probably going to be low compared to actual costs, knowing that these, there's no way to tell for sure, but some of the others might be Lor or higher. I worry that these are much more conservative or less conservative, I guess, estimates of cost escalation in the next few years and that we still might get back into a situation

Unknown Speaker -

where we're not generating enough revenue

Council Member Thomas Wong -

to cover our expenses going forward. Knowing also that there are new requirements that the state is imposing on cities, including the need for our new water treatment facility that's coming online or about to come online, that cost $6 million to build and will cost millions more on an annual basis

Unknown Speaker -

to operate going forward.

Council Member Thomas Wong -

These are things that we would not and did not anticipate back when we passed the rate increases back in 2014, 2015. There are going to be new things like that that come up.

Martha Garcia -

That's why we do a Prop 218 every five years so that if things change and new things come up

Unknown Speaker -

that we can update our rates.

Martha Garcia -

But we can always come back before the five years

Unknown Speaker -

if something else happens.

Council Member Thomas Wong -

And I would hope that we don't let a number of years lapse between these processes, because in the short term, right, yeah, no one wants to pay higher water rates, but in the longer term, this really results in higher costs down the line if we're not doing the maintenance and the investment in our infrastructure

Unknown Speaker -

that we need to do.

Council Member Thomas Wong -

that just means a few years down the line it's going to cost us even more to make these repairs and to do this work. So I want to make sure and reiterate, I know I've been saying this at the other sessions where we've talked about the water rate study, to make sure that there isn't going to be a gap between when our rate increases that we're being proactive and on top of this so that we're not kicking the can down the road for future residents or residents in future years to have to pay more, even more than they otherwise would have if we had been more proactive on generating the revenue that's needed to maintain our system.

Unknown Speaker -

If I may, when I

Martha Garcia -

first started working here for the city in February of 2020, I did talk to the Ron Bobeck, the then city manager. We were looking at doing a Prop 218 rate study, but with COVID, it happened the very next month.

Unknown Speaker -

and we stopped shutting water

Martha Garcia -

and we did all these things from the governor

Unknown Speaker -

that had us stop doing all of this,

Martha Garcia -

we kind of was put on hold for two years. So we are aware and we will, as long as no other tragedy or pandemic happens, we are aware that we will be coming back

Unknown Speaker -

every four to five years.

Council Member Thomas Wong -

I very much understand the circumstances

Unknown Speaker -

around how we got to this place.

Council Member Thomas Wong -

I think the hope is to reiterate that I want to make sure that we are on top of this and that there are consequences to not acting in an atomic manner.

With that, I don't know if there's – I'm happy to make a motion to –

Unknown Speaker -

I think Council Member Yu has a comment. Yeah. Council Member Yu?

Unknown Speaker -

Yeah, actually I look at it a little bit differently because I see that inflation skyrocket and people are having a hard time. And so if the water bill, I know 32% equivalents to $2.60, but I do see that that adds a lot of stress to a lot of people. You don't really measure about just $2.60, but a lot of people are not paying that rate. Maybe their water bill is higher and they don't expect that much of an increase. So compared to, let's say, the sales tax measure last time, the sales tax measure that we actually get the tax from all over the neighboring city and people doing business and pay in the city. But we capture all the tax and benefiting our resident. But here we are actually doing the reverse. We actually used the money from the reserve and also the bond to help our own residents to reduce the cost of water, which increased 32%, which is a very, very big number. And especially with all the stress and inflation, everything skyrockets. And we don't want to add more pressure to our residents. So to me, if I can do anything possible to save the resident dollar, then I would love to. especially we can afford to do that with the reserve. But I understand that we should leave the reserve to do infrastructure and to repair. But I wanted to mention that during good, you know, economy, we can actually, you know, do more of an infrastructure investment. But if during hard time, those are not our priorities. We have to consider our people first. So I would actually suggest that this is just maybe a very big jump on 32%. If we can reduce it to 26% with the bond, with some of the reserve that we chip in, if we can afford, I would love to reduce any percentage of the water rates for our people, for our residents. And the reserve, actually, we can get it back from different places. We can ask funding from federal, from state, and to actually change to smart meter. We can actually ask for a lot of different organizations and government to get funding elsewhere. But this is our residence expenses, and I would love to reduce the stress for them, and hopefully we can go through the hard time together. So that's what my point of view, and I think if we can afford, we should do the bond. and the interest rate is not that high, so we can afford, and as we can see the budget that is not killing us on the reserve, we can still afford it. So that's my two cents. Thank you.

Unknown Speaker -

Council Member Goel. I have a question. What's left on the reserve? I don't have that number.

Martha Garcia -

I'll bring it back on January 17th with our ACFER,

Unknown Speaker -

but I don't have the number right now.

Got it. Thank you.

Unknown Speaker -

And just to

Council Member Thomas Wong -

Councilman Rougie's point,

Unknown Speaker -

I know we're looking, staff,

Council Member Thomas Wong -

we directed staff to look at options for expanding our Lifeline Water Rate Assistance Program for Lor income customers who might be in need.

Unknown Speaker -

I'm assuming that

Council Member Thomas Wong -

that need will grow if we and as we increase water rates, so making sure, and I know that there's been outreach done to the Water District and exploring other sources of of potential funding to supplement and grow that opportunity for providing assistance to customers in the city. I know we're also reaching out to them and to other, and looking at other potential sources of funding that could offset some of the capital projects and O&M costs for water system operations going forward in the future.

Unknown Speaker -

So if there are all these opportunities,

Council Member Thomas Wong -

and a reminder to those who are looking at the 218 notices, those are the maximum amounts that the council can set for water rates going forward over the next five years. If we come upon some of this funding and other opportunities come in

Unknown Speaker -

that help offset some of our costs,

Council Member Thomas Wong -

there is an opportunity that the council can take to reduce or adjust the rates as those funds come in and are pursued. And so I think we are being very diligent, and I know the staff is keeping a watch on opportunities to bring in resources from the federal, state, other regional, local government opportunities to help us offset costs, and we already take advantage of some of those opportunities through the Water Quality Authority, even the $6 million we had to spend on the water treatment facility to treat for PFAS, right, contaminants that were discovered

Unknown Speaker -

in our groundwater basin.

Council Member Thomas Wong -

A single portion of that was funded through a zero-interest loan through the water district, so that's offsetting costs for customers right now that otherwise would have required additional costs. for us. And so we will and want to continue to be diligent in pursuing these opportunities to help offset the impact to customers going forward and we'll continue to look for those opportunities. Right, Sean?

Council Member Jose Sanchez -

Well, I think if I hear everyone, I think it's time to, I'll make a motion to approve

Unknown Speaker -

this item.

And seconded by Council Member Yu. If we can take a vote.

City Clerk Maychelle Yee -

Approved unanimously.

Unknown Speaker -

Thank you.

Thank you, Sean.

Council Member Jose Sanchez -

Thank you, everyone, for the presentation and for providing visual aids.

Unknown Speaker -

The pipes.

Council Member Jose Sanchez -

We're going to go ahead and jump to item 4A. So I'm going to go ahead and open public hearing on item 4A to approve the 2023 annual report and the levy of assessments for the Downtown Business Improvement District, number one,

Unknown Speaker -

for programming.

Unknown Speaker -

Oh, I'm sorry. Before we... That's right.

Unknown Speaker -

We have... Yes.

Unknown Speaker -

There was a question before we move on. On item 3J.

Unknown Speaker -

And I believe that was Council Member...

Unknown Speaker -

Mayor Potem Wong.

Unknown Speaker -

Yes, if we can just give him a second. Well, actually, can we take a little five-minute break? Because I also have to... Sure.

Council Member Jose Sanchez -

It's been a long meeting. So it is currently 934. If we can take a quick five-minute recess for people to get some water and use the facilities. And we'll return back with item 3, Jay.

Unknown Speaker -

Thank you.

Thank you.

Unknown Speaker -

Thank you.

Unknown Speaker -

Thank you.

Thank you.

Thank you.

Thank you.

Unknown Speaker -

Thank you.

Thank you.

Thank you.

Thank you.

Unknown Speaker -

Thank you.

Unknown Speaker -

Yes.

Thank you.

Thank you.

Thank you.

Thank you.

Unknown Speaker -

Thank you.

Unknown Speaker -

Well, I'm planning, well, I don't know.

Unknown Speaker -

Thank you.

Thank you.

Unknown Speaker -

Thank you.

Council Member Jose Sanchez -

Okay, if we can take our seats, we'll go ahead and get started.

Unknown Speaker -

Welcome back. And we're going to start with Item 3J. Our mayor of pro tem pulled this item.

Unknown Speaker -

And so he had just a quick question on Item 3J before we jump to our next item.

Unknown Speaker -

Mayor Pro Temp?

Unknown Speaker -

Thank you, and thanks, Robert.

Council Member Thomas Wong -

I appreciate the staff for bringing this to us. Looking forward to play days next year. Do we still call it play days, or we're calling it happy birthday?

Robert Aguirre -

Happy birthday, Monterey Park play days.

Council Member Thomas Wong -

Okay, well, if you come up with a better name, I'm very open to that.

Unknown Speaker -

But I wanted to just, one, encourage us to always be innovative

Council Member Thomas Wong -

if there's other things to work in to the celebration for the birthday very open to that want to encourage that and then two uh if there's a way to integrate any programming around aapi heritage month into the birthday celebration i think that'd be great whether that that's an art thing or some other thing with the schools or so i don't i'm very open i'd have no real ideas but But given that it's May and AAPI Heritage Month and the city is two-thirds Asian American, if there's an opportunity to integrate some sort of program in there that speaks to and is linked to AAPI Heritage and to celebrate Heritage as well as the city's birthday, I think that would be great. We would love to see us kind of bring forward some ideas.

Unknown Speaker -

Absolutely.

Robert Aguirre -

And the good thing is the last two years with Carnival Midway, we've actually been able to double the revenue that we've had in the past. and so we're able to utilize that funding to reinvest back into the event and so that's what we've done the last two years bringing more dynamic performances and more marketing to the event and so moving forward that's kind of what we'll continue to do is reinvest back into the event and then also utilize some of that funding to invest into the other city events so things like that you're mentioning doing some stuff during AAPI Heritage Month along with play days

Unknown Speaker -

is definitely something we can look at and include during the play day celebration.

Council Member Thomas Wong -

great thank you that's that's all i had i'm happy to move the item i just had another suggestion

Council Member Jose Sanchez -

robert i know we're always looking at ways to make things a little bit more epic here in monterey park i'm always all uh since it is our birthday and uh it is historical i'm wondering if there's a way we can incorporate the historical society either to have a booth or a display just to kind of highlight some of some of the history that's there with items they could potentially bring out. I'm not sure if they have a booth already or could potentially encourage them to get a booth so that they can share some of that information. And maybe to the Mayor Pro Temp's point, find a way to integrate it with schools. I know some of us were just at Inez Elementary just down the street earlier today. But I think it's very valuable for kids not just to be at the play days and have fun, but also learn a little bit about their city's history.

Council Member Thomas Wong -

Sounds good. And then I'm sorry. I had another note here to suggest

Unknown Speaker -

I

Council Member Thomas Wong -

Know we have the city hasn't had Alcohol and alcohol sales as part of our city events and this celebration in particular I would be open. I don't know if the other council members are either But I at least have a conversation about potentially a beer garden or some other opportunity maybe inviting a nonprofit into the city to help coordinate that as a fundraiser opportunity for them or for the city and doing that in a safe way and a responsible way as well but being open to trying that out.

Robert Aguirre -

If that's something that the council wishes to explore then we can definitely look at that for a non-profit. I will share though in the past just an abundance of caution it has not been profitable for organizations when they've done that in the past. The community has just not been one that we don't have a lot of heavy drinking drinkings which is you know obviously a good thing for these events um but uh you know obviously the community changes and maybe there is something that will be supported uh moving forward so definitely it's something we can explore yeah i would just say my

Council Member Thomas Wong -

impetus for that is the alhambra education foundation that happened to sit on the board and they have they host the beer garden for the alhambra pumpkin run every year as part of the the farmers market and the festival after the pumpkin run and they have raised not a ton of money but some money by getting some of the alcohol donated by a local brewery and then they that that's their write-off for donating to the foundation and then the foundation makes additional money well they get well every runner gets one free beer and then some people buy additional beer but it's been relatively successful for them and so if there's an opportunity to potentially look for a nonprofit to partner with and explore this site opportunity.

Unknown Speaker -

Absolutely.

Robert Aguirre -

If that's something council would like to see moving forward,

Unknown Speaker -

then you could definitely explore that.

Council Member Jose Sanchez -

I want to know how many tickets it's going to take to buy.

Unknown Speaker -

I'm just kidding.

Council Member Jose Sanchez -

I just wanted, for the record, I didn't bring it up,

Unknown Speaker -

but I support that motion or idea of exploring this.

Unknown Speaker -

Mr. Mayor, members of the council, definitely, if we have consensus from the council on this,

City Manager Inez Alvarez -

exploring the potential to add a beer garden, that'd be helpful for staff to get that clarification. It sounds like we have two council members interested in having a beer garden. Definitely we understand we would have it an area, right, an area that's limited because it is an open park space. So part of beer gardens regulations would be fenced in area with the understanding that we would need to work with another partner.

Unknown Speaker -

That's fine.

Unknown Speaker -

Thank you so much, Robert, for looking into that.

Unknown Speaker -

I appreciate it.

Unknown Speaker -

Do we have to vote on this?

Council Member Thomas Wong -

I'll make the motion on the item.

Unknown Speaker -

Yes. I'll second and if we can take a vote.

Unknown Speaker -

Approved unanimously.

Unknown Speaker -

Thank you so much.

Council Member Jose Sanchez -

And we're going to go ahead and move to the public hearing portion, item 4A. So I'm going to go ahead and open public hearing to approve the 2023 annual report and the levy of assessments for downtown business improvement district, number one.

Unknown Speaker -

Is there a report for this?

Joseph Torres -

Mr. Mayor, Mayor Pro Tem, and members of the Council, on behalf of the Business Improvement District Advisory Committee, represented here tonight by, well, he was here earlier, Mr. Jean Jiang, our Vice Chair of BIDAC, we kindly request the city council to hold and open a public hearing regarding the assessment of businesses within the business improvement district or bid for the 2024 program year this public hearing was noticed in the monterey park press newspaper and every business in the bid was sent a hearing notice these assessment revenues will fund beautification promotional

Unknown Speaker -

activities and special events to benefit the downtown bid businesses in 2024.

Joseph Torres -

And in support of bid businesses that may still be struggling under the financial pressures of today's economic headwinds, the Bid Advisory Committee has selected to keep the bid assessments for 2024 the same as the previous three years.

Unknown Speaker -

There is no year-over-year increase.

Joseph Torres -

However, the law governing bids provides an opportunity for all potential SSEs to protest the proposed renewal, thus this public hearing. Therefore, absent the required opposition from the bid members, staff and the Bid Improvement Committee requests or kindly request the City Council to adopt the resolution confirming the 2024

Unknown Speaker -

or 2024 annual report

Joseph Torres -

and the levy of assessments for the bid.

Unknown Speaker -

And since I don't see any opposition, I guess it's up to you. We're still pondering it. Thank you.

Unknown Speaker -

Are there any questions or comments from Council?

Unknown Speaker -

If I don't recall from the previous report, the bid is not asking for a change in our budget, right?

Unknown Speaker -

They have increased the budget. I'm sorry.

Joseph Torres -

Yes, they have increased the budget, but not the assessments for the bid businesses.

Unknown Speaker -

Okay, okay. All right. Okay.

Thank you, Joe. Thank you. Thank you, Joe. I appreciate this.

Council Member Thomas Wong -

I know we had the bid budget before us at our previous council.

Unknown Speaker -

I don't remember if it was the last one.

Unknown Speaker -

It was the previous one. I forget. Two weeks between.

Council Member Thomas Wong -

But I don't remember if I said this, but I may have because it's been my sentiments for a while. I would want to encourage the bid and the bid act to be creative. and I know that they're going to have a little bit added flexibility in their budget next year with the different contractor for the cleanup and border services in the downtown bid area. That's going to generate some savings that they can, and they have ideas for how to utilize those funds. I'll reiterate again, I think if there are opportunities for us to use general fund money to catalyze additional activity that can help support businesses in the downtown, area in the bid and beyond the bid as well i would love to see that and hope that that will be part of the discussion for the economic development strategic plan and the task force that's been assembled and if there are ideas that come out that are generate that can be generated to help kind of bring a little more life and activity and energy to the downtown area and to integrate that into the bid and the bid act uh conversation on their budget and if additional resources are needed uh to resource that i think that i would be very open to supporting that and want to see us do a lot more than i think we have done and been able to do in the bid uh for for the past number of years knowing that the pandemic and other impacts have been

dramatic in impacting uh the ability of some of the businesses to survive and thrive in that area so want to be as supportive as we can be and more uh where we can be for the businesses there especially the small businesses that are catering to to our community here um so just want to encourage that creativity, innovation, and that attitude and approach to managing the bid for the advisory committee and for our department for economic development

Unknown Speaker -

and community development.

Council Member Thomas Wong -

If there are opportunities, I really want to see other ideas to be able to be executed and implemented in the area beyond what we've been doing over the years and hope that that will be part of the process.

Joseph Torres -

Well, thank you, Mr. Mayor Pro Tem and members of the council for your support.

Unknown Speaker -

We have a very young and new committee in the downtown business district.

Unknown Speaker -

They have a lot of creative ideas.

Unknown Speaker -

And one thing about the upcoming economic development strategic plan development process

Joseph Torres -

is the consultants that we hire actually is bringing in a specialist in downtown districts

Unknown Speaker -

to provide some inputs, some ideas, some best practices,

Unknown Speaker -

or better yet, better practices, I'd like to call them better practices instead of best practices,

Unknown Speaker -

for us to really try to get some thoughts about new things that we can do.

Unknown Speaker -

Like you said, you keep doing what you're doing, you're not going to get any different results.

Joseph Torres -

So we're very excited about the upcoming calendar year.

Unknown Speaker -

our bid members our bid committee members including our chairperson

Joseph Torres -

are very energized and just

Unknown Speaker -

as excited

Unknown Speaker -

I'm happy to make a motion I'll second

Unknown Speaker -

seconded by council member if we can please take a vote

Unknown Speaker -

approved unanimously

Council Member Jose Sanchez -

thank you Joe for your work with us and

Unknown Speaker -

to the council mayor

Council Member Jose Sanchez -

pro temp's point we look forward to working with you and finding new ways to support BIDEC thank you thank you we'll go ahead and jump next to old business item 2a authorization to issue legislative subpoenas regarding the potential revocation of a conditional use permit

Council Member Vinh T. Ngo -

Mayor, I'd like to, out of an abundance of caution, I'm going to recuse myself here because I may have a potential conflict.

Unknown Speaker -

Okay. Thank you, Council Member Ngo.

Council Member Jose Sanchez -

And I believe we have some speakers?

Unknown Speaker -

Yes, we have speakers. Our speaker is me, Misha.

City Clerk Maychelle Yee -

Hi, good evening everyone. Good evening neighbors. My name is Michelle and I am speaking as a resident tonight. These are my opinions and my thoughts only and do not reflect the city.

Unknown Speaker -

clearly as this item is back we are still having difficulty communicating and listening to one

City Clerk Maychelle Yee -

another we need to cease fire everyone this is I truly think this is getting

With both sides with their hands on the trigger, we do not have a safe space in which to have these conversations.

Unknown Speaker -

The minute lawsuits are filed, all communication ceases and everyone is on guard.

Unknown Speaker -

We can't talk anymore.

City Clerk Maychelle Yee -

It is my belief that we need a cooling off period in which both sides can drop these legal actions in order for everyone to focus on and discuss real solutions for moving forward. I believe there are real potential solutions on the table, which is what everyone wants, TRC, the city, and the residents. These issues cannot be resolved in silos with no consideration or care for the other.

Unknown Speaker -

We need to communicate with one another.

City Clerk Maychelle Yee -

However, we can't have a discussion unless everyone feels safe in the space to do so.

Unknown Speaker -

I hope TRC considers dropping their litigation against the city

City Clerk Maychelle Yee -

and the city reconsiders moving forward with this legal action

Unknown Speaker -

so we can start making money instead of spending and wasting money on all of these attorneys and legal fees.

Unknown Speaker -

Please.

Unknown Speaker -

Are there any other speakers?

City Clerk Maychelle Yee -

Next speaker, Tom Kuhl of TRC.

Unknown Speaker -

before my time starts i'd like to request that we hand these pictures out to

Unknown Speaker -

mr mayor mayor pro tem council members good evening so after i spoke the last time one of

Unknown Speaker -

of things that we took away was we understood that you guys wanted to understand a little bit

Unknown Speaker -

more about our vacancies. Why do we have our vacancies? And so that's what I'm here to tell

Unknown Speaker -

you. Before I get into that, I'd like to make a couple of distinctions about that. First of all,

Unknown Speaker -

the first distinction is we are, as I mentioned last time, I believe aligned in our objective to

Unknown Speaker -

optimize our sales performance of our shopping center and our tenants. That's very important.

Unknown Speaker -

And the second distinction that I'd like to make is we are an institutional landlord. We're well capitalized. When we take on, when we look at vacancies, we consider long-term ramifications of filling those vacancies. We look for opportunities to do exactly what I just mentioned, which is optimize retail sales.

Unknown Speaker -

That's opposed to maybe some smaller landlords that are maybe less capitalized,

Unknown Speaker -

where their primary objective is to simply, if they take a vacancy, they need to fill it as quickly as possible so that they can make enough money to pay their debt service on their mortgage. So by doing so, they might be forsaking future opportunities to bring in higher sales generating tenants. Usually when you make a decision to fill one of those vacancies, you're making a 10-year decision as any retail tenant. Typically, before they want to invest the time and money into a space, they want to make sure they have sufficient time to recoup that investment so those investment those those decisions last 10 years generally for retail tenants so that's 10 years that we would be forsaking any opportunity to do something bigger and better and in fact what what had happened was in 2018 when we started this we hadn't one of those

Unknown Speaker -

very opportunities presented itself in the northern uh shopping northern part of our shopping centers

Unknown Speaker -

just to be clear we're talking about the north end of our shopping center it's about a 220 000 square foot shopping center from about big five as you can see on those handouts from big five

Unknown Speaker -

south to ralph's it's barring a couple of vacancies it's it's it's a very vibrant and flourishing shopping center with with lots of activity and strong retail sales so we're really only talking about a small portion at the north end 2018 we lost one of our tenants on the end we it caused us an opportunity to evaluate the vacancies and see what we could do we knew that there was a

Unknown Speaker -

tenant out there that wanted to do a drive-through so in order to put position that drive-through we

Unknown Speaker -

We actually had to demolish some of that building to accommodate a higher rent or a higher sales generating tenant that would generate more traffic.

Unknown Speaker -

So it was actually a process of addition through subtraction to consider demolishing that

Unknown Speaker -

building. We submitted, we folLod your protocols. We submitted an official site plan review at that time. On the heels of that submittal, opportunity came knocking again when we lost Anna's Linens

Unknown Speaker -

and G-Stage, which was a large sort of clothing tenant, in the building immediately adjacent. We lost them to BK, our bankruptcy, during sort of the throes of the retail Armageddon situation with retail.

Unknown Speaker -

We had another opportunity to further evaluate this addition by subtraction discussion.

Unknown Speaker -

We thought we could put another drive-through in by demolishing that building. There was plenty of tenant demand out there to do very strong sales, more than any re-tenanting of that building was our view. So we pulled back.

Unknown Speaker -

We re-evaluated. We actually engaged the ELAC students, the architect students, to talk about site plan, how we could make some really interesting features into that part of the shopping center.

Unknown Speaker -

We were very excited about it. We submitted another site plan for review. that came back with staff provided comments with a numerous impediments to whatever plans we had

Unknown Speaker -

for that the the most significant of which was they they they basically said if you want to pursue

Unknown Speaker -

a development you have to block off the northern access to your shopping center well we depended on that access for decades and all of our tenants require depend on that access to circulate the

Unknown Speaker -

traffic including the drive-through tenants that we would have had interest from so we we had to

Unknown Speaker -

Retool, we also engaged with your police force who said they wanted to increase security enhancements. So really throughout 21, we were addressing those comments. And in 22, we resubmitted another site plan that addressed namely the security issues. And what happened then, we got a response back from staff saying that they were not going to consider any development proposal from us unless that northern alley was blocked and removed from our utilization. and then in 2022 raising canes opened and the wheels fell off all the issues that that we were concerned about came to fruition we have active tenants today that want to lease the boston market

Unknown Speaker -

space that just is newly vacant we can do those deals they one of the primary tenants we know

Unknown Speaker -

said they're not coming unless that that trap that that traffic impact area is solved case in point we have a solution we provided it in our most recent application to you um just just recently that talks about that.

Unknown Speaker -

Thank you.

Unknown Speaker -

Are there any other speakers?

City Clerk Maychelle Yee -

Next speaker, Tim Pettit of TRC.

Unknown Speaker -

Good evening, Mayor, Mayor Pro Tem, Council Members. My name is Tim Pettit. I'm the CEO of TRC. What have we done the last two weeks? We submitted an application for new access to the shopping center. We submitted a plan to amend the CUP by year end, and we requested to present to the city council tonight. I'm going to address each one of those things individually. With respect to the new access to the shopping center, the response we received from the city attorney is why the informal process we attempted to go through, like any other developer, exists. And we did not receive any feedback in the response that we got. That being said, we're going to keep trying. We're not really sure what you're looking for, but we're going to try. Amending the CUP, honestly, was never an issue. This is a 34-year-old document that we've been working through with you guys over the last 27 years. It didn't become an issue until communication was shut off three weeks ago. All of a sudden, it's a huge issue. To amend a CUP, we're estimating anywhere between six to nine months. That's just an estimate. So that basically means that we're going to be limited in the types of tenants that we can bring into the shopping center until that CUP is amended. If there's any way to actually get an informal process, streamline the CUP amendment, we're all ears. I think it's in both our interests that we figure out how to bring those businesses to Monterey Park. Lastly, our request to present tonight was rejected. I think this communication is difficult. We come up here, we talk, you listen. We have no ability to answer any questions, provide any clarifications. It's kind of the bread and butter of what active dialogue is. We're still struggling to understand why the city doesn't know what we've been up to the last few years. I think it's in the decks that you guys have right now. And that's only the actual submittals. That doesn't account the Zoom meetings, the on-site meetings, email communications, phone calls. So we're at a little bit of loss while we're still here talking about a subpoena, unfortunately.

Unknown Speaker -

The lawsuit was mentioned two weeks ago. TRC has a lawsuit against the city. After exhausting our efforts and running up against a deadline, the lawsuit was last resort for us. We were stuck.

Unknown Speaker -

City went silent. Raising Cane's went silent. We had no other choice. We had to preserve our rights. We had to protect our real estate.

Unknown Speaker -

We are not challenging the original approvals of permits of Raising Cane's. We are suing the city to enforce the conditions of approval which are approved by the City Council and Planning Commission.

Unknown Speaker -

Most notably, the public alley was never meant to be a drive-through in the original approvals. Raising Canes was required to provide personnel to ensure traffic did not back up into Atlantic Boulevard. There are real examples of where this is being applied in other cities. A good example is the In-N-Out in Costa Mesa at the Harbor Boulevard exit off the 405 freeway. They literally shut off the drive-through to ensure that the traffic does not back up onto a public street. The second lawsuit was specific to the approval of traffic management plan that includes the use of the public alley. Once again, not a part of the original approvals by the City Council or the Planning Commission. Bottom line, if Raising Cane's was operating the way they were per the original approvals, we would not have a lawsuit. It is that simple. We presented a solution, as Tom mentioned, application that would solve most of these issues. It will address, most importantly, public safety for all residents driving on Atlantic Boulevard. I'm sure you've read the posts. It seems to be a pretty well-known problem. Atlantic Square customers will be able to enter and exit the property safely and without impediment, not to mention Raising Cane's customers leaving their property a little bit more safely. But again, if Raising Canes does not provide personnel to manage the traffic, then even this nice new access plan isn't going to work. As an example, this past Sunday, there was a 30-plus minute period of backup onto Atlantic Boulevard between 6 and 6.30 p.m. This may not seem like a big deal to everyone. It's only 30 minutes, but this is a deal killer for any catalyst tenant that we want to bring down to the center and really actually fix and address that north side for everyone's benefit. it. I am a principal in a business. Legal Counsel provides me advice and recommendations. It's my obligation to decide if I take that advice, but ultimately I am tasked for making the best decision for the company. As a public representative, you have additional responsibilities beyond what I have. You have to consider the advice of your counsel and risks associated with your decisions and determine what's best for the city. I also have a constitutional right to communicate with you. You don't have to listen. You don't have to respond. That is totally your choice, but I'm going to keep on trying.

Unknown Speaker -

I do not believe that it will be difficult to bring everyone to a resolution between

Unknown Speaker -

business people and decision makers. If you want to give me a call, you can give me a call. It's pretty simple. We are long-term owners and intend to make investments to improve the shopping center, and we will keep trying to maximize for the city, for TRC, and for the community by putting money back into that center. Thank you.

Unknown Speaker -

We have one written correspondence from Byron de Araquel, the consulting director for TRC.

City Clerk Maychelle Yee -

He included documentation as he had concerns that information in the staff report was incomplete. So he documented instances where plans were provided from the property owner to the city. In conclusion, he states that TRC and Monterey Park have a common interest in working together toward Atlantic Square's long-term success. The actions that we have taken, the submittal of the Atlantic Square Access Improvement Site Plan review, and those that will be taken in the coming weeks, the middle of a COP amendment application, should provide the basis for a productive engagement with city staff, the city council, and the community to work with TRC to affect our common interest in the future of Atlantic Square. No other communication.

Unknown Speaker -

Thank you.

Council Member Jose Sanchez -

Council, any questions or comments on item 2A?

Unknown Speaker -

Mr. Mayor? Yes. Yes. Mayor, I'm sorry, Council Member Lo. Yes, sure.

Unknown Speaker -

Question directed at staff.

Unknown Speaker -

So in this handout, TRC seems to illustrate that they had a plan in 2021, 2022. to, were those ever

Unknown Speaker -

submitted to city or either

Unknown Speaker -

a presentation, a conversation, a meeting? I'm just curious, was that ever?

Unknown Speaker -

We have Ms. Serrano come down and maybe help us answer some of these questions.

Thank you.

Oh, sorry.

Unknown Speaker -

Yes, Mayor and members of the Council, member of the council. You had questions about whether these plans were actually submitted

Unknown Speaker -

to the city. Yes. Some of these predate me, but to my knowledge,

Unknown Speaker -

I am familiar with the plan that was submitted in 2021. And that plan that they show on that page does look familiar. It does look like the plan that they submitted.

a response to the comments they received in regards to the 2021 plan.

Karl Berger -

Mr. Mayor, members of the council,

Unknown Speaker -

I'm sorry for interruption. Just for point of clarification,

Karl Berger -

was this an application for an amendment to a conditional use permit or are these site plans for conceptual responses

Unknown Speaker -

from the city? It was a site plan review application, which is our concept review process. A conditional use permit amendment was never filed. to my knowledge. At least between 2021 and the present, I have not seen a conditional use permit application filed.

Unknown Speaker -

And have we as a follow-up asked for one?

Unknown Speaker -

I'm sorry.

Unknown Speaker -

And as a follow-up, have we asked for one? And again, you're saying that they submitted a site plan proposal or concept, But because if it's also then, you know, I guess to execute,

Unknown Speaker -

you also need a condition use permit update, change, whatever.

Council Member Henry Lo -

I mean, so did we ask for that?

Unknown Speaker -

We did not. Normally that is something that's initiated by a private property owner.

Unknown Speaker -

Okay. But you're saying they just never did? No. Hmm, interesting.

Unknown Speaker -

And then I know some of the speakers brought up the issue of the traffic on Rayleigh Canes,

Unknown Speaker -

but if I'm not mistaken, it looks like in the 2022 and 2021 plans,

Council Member Henry Lo -

they were building two drive-thru restaurants?

Unknown Speaker -

Yes.

Unknown Speaker -

Hmm. Okay.

Unknown Speaker -

I see. Interesting. I may have some more questions, but just with my initial thoughts.

Mayor Pro Temo?

Council Member Thomas Wong -

I don't know if we, how, I mean, I would love to hear, it sounds like there are some thoughts from the TRC group. I don't know if we can bring them up to answer some of these questions or concerns that we're expressing in real time.

Karl Berger -

Mr. Mayor, members of the council, it's your meeting. This is a determination of whether to move forward with actual subpoenas. I think based upon the council's last discussion, November 1st, there was explicit direction given to TRC with regard to next steps. Those next steps were never materialized. There was mention of something that was filed on November 9th, late in the day. That is true, which is why there's a supplemental staff report that addresses that particular application. And as you will see, that application does not meet the municipal code requirements for a site plan review and will be returned to the applicant.

Council Member Thomas Wong -

I would just reiterate my comments from the last council meeting. I think we share the same goals, at least what we're expressing publicly on both sides in wanting to see, and this is the first time, I know I've only been on the council a year now, but this is the first time I'm seeing any of these potential vision for redeveloping and what a land square could be going into the future. If the rest of the council is comfortable with this, I would love to have a more real-time conversation. It seems like they want to express some things in terms of some of the concerns we've been expressing in the days, I'm happy to hear them out a little bit and have a conversation before pursuing this. I think I will reiterate the last thing I want to do is initiate this subpoena effort and then potentially legal action on our end, although there is legal action on the other end. I think this was mentioned at the last council meeting,

Unknown Speaker -

the only, when we initiate legal action,

Council Member Thomas Wong -

really the only people that win are the lawyers. And I would love to get us to a point where we can actually work together on our shared vision and hope for Atlantic Square and the shopping center to be a vibrant place. It sounds like there are some at least initial plans and thoughts on that. I would invite the others if the council is willing to TRC to answer some of this and have a more back and forth dialogue.

Council Member Jose Sanchez -

I wanted to also add some thoughts and comments to this. and I want to go back to some of the comments that were also mentioned by our city clerk in terms of a cooling down period. Not so much in that we freeze and not pursue and move forward with plans, but more so in terms of being able to have a very constructive dialogue, but also a very quick one. like I mentioned in our last meeting to TERC and to the public I represent this area of Monterey Park in the south Atlantic Square area and this is a huge, huge concern for residents when they visit this shopping center and it looks empty, it looks blighted and for many residents aside from it not being a pleasant place to visit on the north end, it's also very unattractive for families like my own to walk through when we're trying to walk to some of the shops in that shopping center. I think what makes it also difficult for us to communicate is that there are also litigation that is currently existing. And that also, we both have to understand, All of us have to understand that in order for communication to happen, litigation that already currently exists is kind of impeding on that. And I think to quote our city clerk earlier, maybe TRC needs to rethink some of those litigations

Unknown Speaker -

so that we can be able to communicate a little bit better.

Council Member Jose Sanchez -

That said, I am open to exploring all venues to ensure that that area gets occupied, gets redeveloped. This is the first time I've seen this as well. That said, though, doesn't necessarily mean that this was, and then this was a question for Ms. Serrano as well that I wanted to ask, just because these were submitted doesn't necessarily mean that these were actual plans were pursued, right?

Unknown Speaker -

That's correct. They were submitted for the city to review. We provided comments.

Unknown Speaker -

Normally, applicants will take the comments, revise their plan, and resubmit.

Unknown Speaker -

This project went silent for over a year.

Unknown Speaker -

It's been more than a year since we've communicated regarding this project.

Council Member Jose Sanchez -

And for a city, but also more importantly for residents who are not so aware of what is happening and don't have access, I mean, if a council member who represents a city doesn't have access to these and haven't seen these, let alone regular people, residents, they start to make assumptions about what's happening in these areas, and we hear rumors about what's happening in these areas. And so that adds an extra level of frustration, but also misunderstanding of what's really happening here. So that said, I am in favor of moving forward with almost any possible thing to make this area work. but with the understanding that the other side needs to also follow through. I mean, some of these plans, in all honesty, I mean, I'm looking at the 2020-2022 submittal plan.

Unknown Speaker -

Looks nice, actually.

Council Member Jose Sanchez -

I wouldn't mind it in that area if it actually happened. And so to the Mayor Pro Tem's point, I would like to explore how we can get TRC to follow through with these plans to submit it, but also try to, on their end, try to see how we can get them to also maybe remove some of this litigation so that we can be able to communicate. and that's just I think a very fair point to say in terms of makes it harder for us to be able to communicate when there's existing litigation and I think within the parameters that we're working on this we can probably find resolutions to other issues that have come to the forefront from what we heard earlier from TRC. Any other questions or comments?

Council Member Thomas Wong -

If other council members are willing, I think there's some eagerness among the TRC representatives to answer maybe some of those concerns now.

Council Member Jose Sanchez -

If there's a representative from TRC that would like to come up to help us answer some questions here,

to kind of help us understand, especially the 2022 plan. My understanding is that the 2022 plan has not been submitted.

Unknown Speaker -

They submitted a plan in 2022. City sent them a letter of incompleteness,

Unknown Speaker -

and we have not received a resubmittal.

Byron de Arakal -

And thank you, Mr. Mayor, for the opportunity to speak, and Mayor Pro Tem Wong and members of Council. Mr. Pettit can explain that kind of history of why 2022 stalled. I think he mentioned it when the traffic impacts arose from Raising Cane's affected that. But at any rate, what I want to do and make a clarification is about the conditional use permit. Back in the Jason Moquin day, which is prior to Ms. Serrano, prior to Stephen Sizemore, who's the community development director, when we were processing the 21 application, I communicated with Mr. Moquin electronically communications which I have which said Jason we'd like to begin exploring how we proceed with a conditional use permit

Unknown Speaker -

for the entire center

Unknown Speaker -

he wrote back and said

Byron de Arakal -

you're only in the site plan review process wait until you file your formal design review

Unknown Speaker -

so we've waited

Byron de Arakal -

but we haven't gotten to a formal design review yet because of all the circumstances that Mr. Pettit laid out

Unknown Speaker -

as for the administrative

Byron de Arakal -

as for the site plan review application that we submitted for the access improvement project. I reached out to Ms. Serrano in September via email asking her, can we conference so we can figure out what is the appropriate application in form and materials we need to submit so that it's an appropriate application? That communication was, quote-unquote, shut down and we never had the meeting. So we simply filed the site plan review so we could get something in. So it's not like we wanted to submit an application in error. We're not even admitting it was an application in error, but we tried to conference with Ms. Serrano.

Unknown Speaker -

We weren't able to.

Byron de Arakal -

And so the application that is going to be returned to us, apparently, is the application the city got.

Unknown Speaker -

I'm going to let Mr. Pett explain stuff on the history.

Unknown Speaker -

so in this actually every single site plan that you have in that package has a story the 2018 plan post-2018 before the 2021 plan we were told that a financial services tenant would not be permitted to be part of the plan any time you put this much money into an investing into a center it has to make sense you know it has to make sense for us has to make sense for you and unfortunately that financial services tenant was a was a blockade in 21 and 22 what came to light was the requirement to shut down the northern egress so now we've just added

Unknown Speaker -

how much cost to our project we need we need to figure out how we retool this how we make this work and in addition to that um uh well obviously with raising canes in 22 and beyond but the security comment that came back killed the project just by itself. So we spent the next nine months, we hired a consultant, we worked closely with the now new chief, and we resolved everyone's issues, everyone's concerns. So when we

Unknown Speaker -

got back to 22 and we resubmitted, we had, you know, had taken care of that, but unfortunately that's when Raising Cane's opened. We want nothing but success for

Unknown Speaker -

Raisin Cane's. We really do. Just not at our expense. So what we're struggling with and everything you're saying, Mr. Mayor, I agree with you. We just had a demur hearing yesterday and the feedback on the demur hearing was it was not successful on the city and Raisin Cane's part in the nuisance parts, which is beyond me. That's not what I do. I'm here to invest and to try to make our centers better. but the feedback was to mediate.

Unknown Speaker -

So this is our cooling off period. This is our mediate period. We're willing to move fast but I can't move fast if the response I get back

Unknown Speaker -

is your application is rejected

Unknown Speaker -

for X, Y, and Z. So just tell me. Tell me what I need to do. Put it in written form. Like if you can't communicate with me verbally just put it in a written document. What do you guys need? for the site plan because that's a gating issue for us all the tenants are telling us like if we can't bring in a marquee tenant to drive the vibrancy of that side of the center it's going to be what it was when one of our colleagues grew up in monterey park it's gonna be a bunch of discount retailers that ultimately don't put up the sales don't generate the sales tax revenue where we could bring in a marquee tenant that's going to do two three x of those tenants, all those tenants combined, and layer in a whole bunch of other tenants that we have to invest a lot of money into the building just to make it bring enough power, all the stuff that you guys never, the water conversation

Unknown Speaker -

we were having earlier. There's a lot of infrastructure investment we've got to put into those buildings, not even the ones we're talking about where you see that drive-through.

Unknown Speaker -

So we're here, we're willing to do it. We used to have an informal way to communicate, I understand your guys' position. I view this as separate and apart. But that's my ability to take my counsel's advice and make that call. Because I know it's better for the center. But if you guys can't talk to us, I understand. So let's just figure out how we communicate written then. As well.

Unknown Speaker -

that puts us in an impossible position if you want to have communications under any kind of protected order

Unknown Speaker -

more than willing to do that we've been asked to mitigate by the court

Unknown Speaker -

so I believe there's a solution here I believe if we get in a room

Unknown Speaker -

we're going to come up with a way to make it better for everyone for you guys, for TRC and better yet for the community by actually bringing real great uses that's going to benefit the residents, benefit ELAC,

Unknown Speaker -

benefit anyone who comes through town. But we need help in terms of understanding how we get there. If you just tell us no, I have no way of working with you. I just, I need guidance. So that's all we ask.

Unknown Speaker -

Mr. Mayor, I have a question.

Unknown Speaker -

So if we are being asked to mitigate right now,

Unknown Speaker -

then can you walk us through what does that entail? I mean does that include you and their attorneys or how does that mean?

Unknown Speaker -

What does that entail?

Karl Berger -

Well first of all this discussion is not about the court case but I do want to correct the record that the court ruled in the city's favor with regard to causes of action in the second amended complaint that the TRC filed with the court and gave leave to amend, which means that the court alLod TRC to file a new amended complaint within

Unknown Speaker -

probably the next 30 days. So the writ petition

Karl Berger -

was thrown out by the court with leave to amend.

Unknown Speaker -

Correct. So this is part of the problem, which is

Karl Berger -

trc representatives come to the city council and paint a particular picture which is contradicted by written administrative record so with regard to mr moquin he left the city in 2021 you're looking at plans that were allegedly submitted in 2022 pursuant to site review

Unknown Speaker -

and we're hearing that well mr moquin told us to do x y and z he was gone in 2021

Karl Berger -

I can continue on. That's not really the point of your question. The court encouraged the parties, and we will be asking the court to actually require mediation between the parties. Quite honestly, it's not. The city is a named party because it has to be, because it's the one that issued the permits. But the real party in interest is Raising Keynes itself, which is also reimbursing the city for its defense costs in this action. So there's been lots of talk about attorneys making money. Well, attorneys are making money, but the city is not paying for the costs associated with the city's defense. Raising canes is reimbursing the city.

Unknown Speaker -

I think it would be great to have mediation.

Karl Berger -

The question still is going to be from the court and the mediator, what exactly is being planned from TRC? And I think that's been the city council's question. And that was the city council's question on November 1st.

Unknown Speaker -

And we still don't know what's being planned.

Karl Berger -

We still hear about the COP that was issued before Amazon, before cell phones, and what have you.

Unknown Speaker -

Well, that's great. What uses are being proposed? We still don't know.

Karl Berger -

We hear about all the problems that TRC is facing that are being faced with many other land developers and many other retailers and what have you. Everybody acknowledges that it's a brand new world. But what is the plan for moving forward?

Unknown Speaker -

I'm not trying to put words in your mouth.

Karl Berger -

I'm just listening to what the council has said over a period of time. And I've also listened to what TRC representatives have said for the past four years,

Unknown Speaker -

and I still haven't seen, I realize I'm dating myself, where's the beef?

Unknown Speaker -

Where is it?

Karl Berger -

We haven't had an application filed for an amendment to the conditional use permit to propose new uses. you saw from the from the staff report which i just quoted from from the comments from trc representatives an exciting new redevelopment well what is that what's the exciting new redevelopment why are the storefronts vacant these are all the questions that have been posed by the city council in public and privately to staff i don't have the answers to those questions so the question to the City Council is, do you move forward with compelling an answer to that? Or, as TRC represents tonight, can we sit down in some sort of structured program to

Unknown Speaker -

figure it out? Well, it doesn't matter to me.

Karl Berger -

I'll follow the City Council's direction with regard to that. Legally speaking, if they file an application for a conditional use permit amendment, we'll

Unknown Speaker -

process it.

Unknown Speaker -

No problem. We haven't gotten that. and until

Karl Berger -

litigation is no longer being pending

Unknown Speaker -

staff will not be meeting independently with any representatives from TRC

Karl Berger -

counsel will be there and if TRC wants to bring their own attorneys that's fine

Unknown Speaker -

but it's my responsibility to protect staff and it's my responsibility to protect the city

Unknown Speaker -

because staff was named in lawsuit right I'm sorry yes individually named

Unknown Speaker -

okay yeah I want to make that clear as well okay well response

Unknown Speaker -

I Guess what am I responding to? What has been done? I mean, I think what I just represented was our entire redevelopment just got torpedoed when raising canes opened I I don't know what else to tell you We submitted an application once again. Tell us what we need to do. We're sitting here trying to make progress I'm a little bit of a loss Cup amendment yeah, we were told two years ago three two years ago two and a half years ago

Unknown Speaker -

Not to do until we do design review so we resubmitted our design in 22 in the March of 22 and

Unknown Speaker -

Once again raising canes open and I put our redevelopment on hold because we have a bigger issue that we have to deal with now We have to figure out how we mitigate the traffic concerns so once again, I I We're ready to mediate like I think I think that's where everyone left the hearing yesterday I can have my I mean, I'm not my doubts talking legal So I'll have my counsel submit a letter if we have to to explain what that we believe the ruling says And you can get it from legal attorneys because that's what they do, you know, like I said, that's not my that's not my business

Unknown Speaker -

Tim

Unknown Speaker -

Question for Jessica

that I have lost now in my mind. But I mean, I have to believe,

Council Member Thomas Wong -

and I believe that there is a way to solve this, and it sounds like the core of this is the traffic and backup concerns from Raising Canes. I'm looking at Carl and Jessica on this. I believe Raising Canes is willing to put up funding to provide some sort of solution to address some of the backup concerns?

Unknown Speaker -

Is that right?

Karl Berger -

Mr. Mayor, members of the council, I would be very loath to speak for Raising Keynes.

Unknown Speaker -

I can't speak for Raising Keynes.

Karl Berger -

I can tell you this, that Raising Keynes was approved in 2020.

Unknown Speaker -

Amongst other people,

Karl Berger -

TRC was notified about those public hearings. It's within 300 feet of the property. So from the standpoint of continuing to point to that particular establishment as being the impediment to its ability to provide an application to the city or blaming a planner that has not been with the city

Unknown Speaker -

for at least two years.

Karl Berger -

And in addition to that, me remembering specifically hearing about the grand plans in 2019, which was before Raising Keynes was on the horizon and before any of this happened, it's a bit incredible to me. I will say this, that again, it's not our job to craft their project it is their property it's their project it's their vision they have very expensive attorneys that are advising them I am sure they can find a land use attorney that can advise them with regard to how to put together an application file it in accordance with the municipal code and make them understand how the city will process it that is not something that is up to the planners to do it's not up something up for for Mr. Torres to do and it's certainly not what the city attorney's office does so from that perspective you hear here here the the speakers continue talking about wanting help well there's help file an application

Unknown Speaker -

and i mean i think there there is interest on both right on all sides to to find a solution to this

Unknown Speaker -

I mean I can't speak to

Council Member Thomas Wong -

I've only been on the council already a year I don't have this kind of history did not vote on raising Cain's approval or and have not seen any of these plans from TRC until today even these preliminary drawings and plans I'm willing to and really do want to take a step if we continue kind of on this path of potential legal action on both sides it's just going to delay any sort

Unknown Speaker -

of investment

Council Member Thomas Wong -

that we need in the center and the bringing in businesses that we want to see and that the community wants to see right I don't think the community cares How we get to a better Atlantic Square? They care that they see a better Atlantic Square as soon as we can and my interest going forward from this point right is really just to find the Most efficient path to doing that I Don't know or I'm not a lawyer if I'm not a planner either

Unknown Speaker -

I don't know what that path is.

Council Member Thomas Wong -

I'm looking to staff to see if there is some sort of middle ground where we can take a step of faith and TRC can take a step of faith as well and show some good faith and see where we can land in the middle here where we can have a substantive conversation about what redeveloping the north side of the Atlantic Square can be and really get going because that's I think the most efficient way to get to redeveloping the center as soon as we can and I don't know I'm trying struggling because I don't know what that path is I'm hoping that we

Unknown Speaker -

can find that versus well to the mayor pro tem's point if you guys can share with us today what exactly is your plan in the north end well I just confirm with Mr. Pettit we reaffirm our commitment

Unknown Speaker -

we will file a conditional use permit, an amendment permit application by the end of the year. It's a 99 condition document.

Byron de Arakal -

It's got conditions in there related to the Atlantic Garvey EIR that we're not sure are relevant. It's got infrastructure requirements that have been completed, so we don't know that they still need to be in there.

Unknown Speaker -

So our council needs to evaluate that CUP, but by the end of the year,

Byron de Arakal -

will submit a conditional use permit amendment application with all the new uses we want, what we'd like to see removed, what we think is out of date, but by the end of the year you'll have that application.

City Manager Inez Alvarez -

Mr. Mayor, members of the Council, if I may, can I just ask one clarifying question? I understand you shared some of the concepts that you had previously shared with staff or filed. so for a point of clarification is trc's goal still to build the concept from 2022 in in the presentation that you shared with council

Unknown Speaker -

our our first priority is to uh establish a new ingress egress for the shopping center i mean

Unknown Speaker -

that's a gating item no matter what we try to do down there because that's actually going to dictate what we can do um on that side of the center so the problem is we're talking to a

Unknown Speaker -

number of tenants and the feedback there it's like unless we have a new entrance there's no

Unknown Speaker -

reason to talk to us so and there are a number of tenants that we're talking to with that in that

Unknown Speaker -

regard so that plan could look different like so in terms of exactly what we end up doing i wouldn't

Unknown Speaker -

be surprised if it's different from the 2022 plan understood so thank you for that and just for

City Manager Inez Alvarez -

Council's clarification. So what's on the table today is what you presented in the presentation in the 2023, which is for traffic or accessibility improvements on the north part of the shopping center. There's not a development concept that you're proposing or an ultimate goal.

Unknown Speaker -

That's correct. And the gaining issue there is

Unknown Speaker -

we've got numerous options in terms of what we can do down there, but we need the ingress egress to make it work.

Unknown Speaker -

What are those options? I mean, I know you can't say specific, but I mean, conceptually, what are those options? A combination of drive-throughs and

Unknown Speaker -

infrastructure improvements on the big five. What I was mentioning earlier was like all the infrastructure needs to be improved, needs to be upgraded from the current condition because it was only meant to house typical soft goods, retail tenants. Now we're talking about how can we bring in some more food uses, some more vibrant tenants that can help us kind of drive the traffic down there. So again, you're saying two drive-thru restaurants, which is what is...

Unknown Speaker -

It could be one, it could be two. I see.

Unknown Speaker -

I mean, no matter what it is, it would have to be self-contained within our site.

Council Member Jose Sanchez -

So what you submit is not going to be this 2022 plan?

Unknown Speaker -

No.

Unknown Speaker -

And then do you have, I know you just gave us a timeline that you're going to submit a new COP plan by the end of the year.

Council Member Jose Sanchez -

When do you plan to submit a new plan in terms of what you're planning to do with that north end? Once we have a catalyst tenant.

Unknown Speaker -

We need our anchor tenant to really drive the whole project.

Unknown Speaker -

And when I say anchor, it can be a drive-through, it can be a combination of food uses.

Byron de Arakal -

redevelopment without that CUP amended in a formal way, a design review application of what our redevelopment is going to be, without having the new rules in place, it's the cart before the horse. Which is why when I was asking Mr. Moquin, when can we get the CUP in? And he said, wait for the design review. That seemed odd to me, unless it was in parallel. But if we're under the gun

Unknown Speaker -

to get a CUP amendment in

Byron de Arakal -

because that's what you guys said you wanted by tonight. There's no way that document, that wasn't going to happen. We can certainly do it by the end of the year because we're evaluating now. That will put the rules in place that will drive the specifics of the redevelopment of the North End.

Unknown Speaker -

So it's A and then B.

Unknown Speaker -

Mayor, if I may, I'd like to add that, you know, talking about putting the horse before the cart,

Unknown Speaker -

Those public right-of-way improvements, those are coming before the horse before the cart

Unknown Speaker -

because normally you would determine what you're going to develop on the property and then develop improvements for access around what you're developing there, number one. Number two, with going back in time, you know, obviously they dealt with Joseph Moquin, but I understand what direction he gave them. He was telling them to submit their site plan review application, and then as part of once they address all the zoning inconsistencies, then they were to go ahead and submit for their design review together with their conditional use permit so that the city, as you amend the CUP, you know what development you're going to get. So they would be in parallel submitted at the same time, and at the time, you know, council or planning commission would review both at the same time. So that's one path. It doesn't have to be CUP first and then you see what development you're gonna get. You can submit both at the same time.

Council Member Jose Sanchez -

Okay, so you're saying that we don't have to wait for the CUP application. TRC can go ahead and submit a plan of what they're planning to do on the north end. They don't have to wait for the CUP to be submitted or approved by us.

Unknown Speaker -

We could do it ahead or separately.

Karl Berger -

Mr. Mayor, members of the council, those of you that were here in 2020, you recall that the council went through and adopted 25 different ordinances to help speed up business recovery. Amongst other things, you adopted a zoning amendment, which is the so-called Byrd's Amendment, which allows a development agreement to act as zoning for a particular area. There's an option for a specific plan. You have made more efficient the means of getting to this council for approvals of major projects. There are a whole host of things that are available to developers that are actually motivated to really develop within the city. And you've seen those projects come forward. You've seen projects get approved in six months. So the notion that some planner at some point told these guys not to do something, and they've been relying upon that for the past two, two and a half years,

Unknown Speaker -

again, I don't understand that.

Karl Berger -

Anybody that is motivated that I have dealt with in my entire career, if they're motivated to do something, they figure out how to do it, they figure out how to file an application, they make a proposal, they do the things that are needed to do in order to get project approvals

Unknown Speaker -

for those particular sites.

Karl Berger -

I don't know what motivates this particular property owner, and that's not my concern. My concern is to implement your direction with regard to what is needed, and that's what I'm here to do, and I'm happy to do that. But listening to this, whether they file an application for a conditional use permit, whether they file an application for a development agreement, if they produce a specific plan whatever it might be there are multiple avenues to get in front of the city council to consider a project that to everyone's discussion will make everybody money it'll make the city sales tax money it'll make the developers more money whatever it might be but this is to some extent a flash in the pan it doesn't really mean anything until there's something substantive for the city to lock onto and talk about. And the site conceptual plans that were handed out tonight, you just heard from the representatives that those aren't even on the table anymore. So until there's something substantive for planners to sink their teeth into, we can't really advise you about one thing or another. The most we can do is say, we'll take an application in for whatever you would decide to do, and

Unknown Speaker -

we'll process it. We're happy to do that. Thank you for that clarification.

Council Member Jose Sanchez -

I just also want to share that on my end, what this seems to me is, you know, over the past couple of years, I'm not exactly sure what's necessarily happened here, but it seems like on my end and what my neighbors see is a lot of negligence here. And so that being said, we want to move forward.

Unknown Speaker -

I want to move forward.

Council Member Jose Sanchez -

I want to see this area developed, and I want to see a plan. You just heard from Ms. Serrano, you can submit a CUP plan. You can also submit a site plan, what you're planning to do with that area. You don't have to submit the CUP before. So we want to see what you want to do there. And part of our desire to move forward with this, with Item 2A, is just legislative subpoenas, is we really want to find out what's going on.

Unknown Speaker -

And we don't know.

Council Member Jose Sanchez -

And I'm sitting here, and I still don't hear an answer. I still don't hear what is happening here. I hear a lot of history, but it's not still fulfilling for me. But that said, I think there is a way to move forward with this, to be able to develop this area. But you have to meet us more than halfway there. And you have to provide us with a site plan.

Unknown Speaker -

You have to provide us with the cup.

Council Member Jose Sanchez -

and it has to be, you know, I'm sorry to say, but it has to be quick. I mean, you've sat on this for a while, a long while.

Unknown Speaker -

Yeah, and I think we outlined some of the impediments that we've ran into

Unknown Speaker -

where the project wasn't feasible. All that being said, I agree with you.

Unknown Speaker -

But let me give you, like, kind of some steps. Like, the COP amendment, we can move on now.

Unknown Speaker -

It's going to take us some time, but you'll have it by the end of the year, whatever we're proposing.

Unknown Speaker -

the site improvement access plan that's something we actually need that that actually has to happen prior to us being able to secure a catalyst tenant so that's something we need to be able to show

Unknown Speaker -

real progress on so once we're able to show real progress we're talking to tenants we're talking to to the groups that we want to be able to bring in the center that are going to produce the sales

Unknown Speaker -

volumes that i was mentioned earlier but we do need to show them that we have real progress on a new ingress and egress because that is a deal killer for them.

Unknown Speaker -

So CUP can go on its own. You'll have an application by the end of the year.

Unknown Speaker -

You have the image of what we're going to do, and we'll sit down with the city attorney and staff and figure out exactly what we need to do. We'll pay our high-priced attorneys to figure out exactly what we need to do, and we'll get that in. And then once we're able to show real progress there, we'll get the commitment from the tenants.

Unknown Speaker -

But the tenants need to see progress. I mean, we found that out pretty clearly in the last few months.

Unknown Speaker -

So that is something that we need to be able to show as we get in there. So we can hit and show you real progress, but it's going to be longer, I think, than is normal.

Unknown Speaker -

Or whatever the expectation is. We were asked to turn around and submit all these things in two weeks. Like, it's not feasible in our world.

Unknown Speaker -

But we're here. We're working. we're trying to partner with you guys so we're going to do what we can to get to that end goal

Unknown Speaker -

so I just wanted to explain the differences between the CUP versus the new access versus bringing in a tenant because they want to know that we have the access rightly or wrongly that's their choice and that's what they're telling us so I just wanted to explain the increment

Unknown Speaker -

I'm looking at I'm not a lawyer I'm looking at our lawyer

Council Member Thomas Wong -

to see, I mean, I understand that our concern, our primary concern in terms of more fully engaging

Unknown Speaker -

with, in a proactive way with TRC

Council Member Thomas Wong -

is the existing lawsuit that names the city and our staff specifically.

Unknown Speaker -

Short of, I mean, one option, right,

Council Member Thomas Wong -

to make sure the city's interests are protected as that lawsuit continues is to have legal counsel present and all of the conversations.

Unknown Speaker -

Are there any other options for a conversation of that sort,

Council Member Thomas Wong -

that substantive, I don't know, if TRC is the litigant, can, right, are there other options that we can explore short of Carl and whatever, our legal counsel sitting on every meeting to make sure and protect, that we're protecting the interests of the city and is a lawsuit continues? What options are there that we can explore to make sure we have this conversation?

Unknown Speaker -

Mr. Mayor, members of the council, honestly, I don't know what TRC wants, is what it comes down to.

Unknown Speaker -

We've heard a lot of words.

Unknown Speaker -

I've heard a lot of words. I shouldn't put – this is my observation. I've heard a lot of stuff.

Karl Berger -

I haven't seen a lot of stuff come up.

Marketplace took, what, six months? From the time that an application was filed to the time that the city council approved amendments to that, that was a complicated process.

Unknown Speaker -

It took six months.

Karl Berger -

We had a whole team dedicated to processing that. There was a reimbursement agreement in place to allow a team to just take care of that particular problem. The applicant had a very good land use attorney, and we took care of the problem.

Unknown Speaker -

Celadon, even though it hasn't been built yet, also, six months.

Unknown Speaker -

Very complicated.

Karl Berger -

Lots of infrastructure, lots of different things that had to be done, what have you. My point is that developers that want to develop find a way. And what I'm hearing is that we're supposed to find a way for the developer.

Unknown Speaker -

We don't do that.

Karl Berger -

And so no amount of sitting down and talking things through is going to cause the city to provide a project to the developer, which the developer will then take and resubmit to the city as an application.

Unknown Speaker -

That's just not going to happen. This is a regulatory body.

Karl Berger -

We don't create private projects and hand them over to the developer and then process that same project as a regulatory agency. That's something that these folks are supposed to do. To answer your question, they want to sit down and talk about what are the various avenues. Well, I suggest that they engage land use counsel, look at the municipal code, read it, be advised about it, and figure out how to do it. Beyond that, with regard to the speaker's discussion about what happened in court yesterday, yeah, the court did suggest and will impose court-required mediation. Now, that mediation, though, isn't going to really involve the city. That mediation is going to involve raising canes, and it's going to involve TRC, and the reason for that is because raising canes is what's called the real party in interest. It's the one that is really being targeted in the litigation. That said, the city is involved because we're, again, the regulatory agency, and so we have to be at the table with regard to litigation.

Absent TRC stepping up and making an offer with regard to a tolling agreement,

Unknown Speaker -

a standstill agreement, something along those lines, which is going to be

Karl Berger -

which will allow the so-called cooling off period that some of the speakers talked about I don't know where it's going to go and I am certainly not going to jeopardize the city's interests

Unknown Speaker -

or staff's interests by having them meet

Karl Berger -

independently without council with folks that are suing them I mean you wouldn't do that in your personal capacities

Unknown Speaker -

so it's the same deal with the city

Council Member Thomas Wong -

would TRC be able are they unable to drop the city from their lawsuit against

Unknown Speaker -

Raising Cane's if they're intent on moving forward with litigation from their

Karl Berger -

legal theory they have to keep the city involved because the city controls the permitting

Unknown Speaker -

there's no way for them to separate us or to stay the action against the city

Unknown Speaker -

and the city's representatives

Unknown Speaker -

I'm not their attorney but

Unknown Speaker -

there is a way but i you know again i don't provide free legal advice to the private folks i mean i would hope that we

Council Member Thomas Wong -

can our trc can explore those ways so that we can remove an obstacle i think that's in the way of having these kind of conversations i think we both want uh and i mean i i understand understanding that it does take more than two weeks to get real plans in place to and understanding the need for an update to the cup uh right to enable more flexibility and opportunities for the types

Unknown Speaker -

of businesses that could be brought into atlantic square i i am for giving them time to do this

Council Member Thomas Wong -

if we're seeing real progress right which is what i said two weeks ago um i would that's still my stance and my perspective and if there's a way forward where we can meet in the middle and really on both sides act in good faith

Council Member Jose Sanchez -

vote to extend time to continue this discussion.

Unknown Speaker -

And you know, Mr.

Council Member Henry Lo -

I mean, look, the fact that we've been having this conversation is only because of the agenda

Unknown Speaker -

item and, you know, maybe if there was a communication, I'm going to do TRC, then we wouldn't be here,

Council Member Henry Lo -

you know, because, yeah, I mean, with you and I, we've been on the council in 2020. This is my first time seeing this too, by the way.

Unknown Speaker -

I mean, you've been on the council longer.

Unknown Speaker -

Yes. And this is my right.

Council Member Henry Lo -

I mean, this is your first time.

Unknown Speaker -

Yes. Our first time seeing this.

Council Member Henry Lo -

Again, I just want to just state that very clearly. our first time seeing this.

Unknown Speaker -

I'll make the motion to extend the time

Council Member Thomas Wong -

for the meeting another optimistically 15 minutes.

Unknown Speaker -

Okay. Actually, half an hour.

Unknown Speaker -

Half an hour.

Council Member Jose Sanchez -

We're already here this late. Yeah, sure. So half an hour until 1130.

Council Member Thomas Wong -

That sounds like Council Member Lo seconded.

Unknown Speaker -

Seconded by Council Member Lo. Do we need to take a vote on this? Yes.

Unknown Speaker -

Passed unanimously.

Unknown Speaker -

Okay, so 30 minutes.

Council Member Jose Sanchez -

So I hope that TRC is hearing what we want to see. And the question, I think, for us here today is to decide either a timeline, what exactly we want to see in terms of a CUP being submitted, but also a plan, right? Obviously, it's already been shared that this is possible and that it has happened in the past. within a six-month time period. And I think that there is a large desire from council, including but especially myself, because this is in my district, to see something develop there. That said, I think we've shared our frustrations, but I also want to share that we're not letting you off the hook here. We will definitely bring this back, but we want to see some progress. And I think some of that progress is going to happen if we see some of this litigation disappear so that we can have some real meaningful conversations. Otherwise, we're sitting together with a bunch of attorneys on each end, and no real discussion can be had. So I think that on both ends, we need to sit down and think about and evaluate, but also do it in a very short amount of time, in a very timely fashion.

Unknown Speaker -

Here's my suggestion, Mr. Mayor, members of the council, is I hate not being able to do what the council would like to see happen.

Karl Berger -

So my suggestion is authorize the subpoenas, suspend it for 45 days. That gives 45 days for TRC to come to the table and make a suggestion of, one, we enter it into a tolling agreement with regard to litigation to allow some meaningful dialogue. TO THAT TRC PROVIDES AND GIVES THEM SOME OPPORTUNITY TO ACTUALLY FILE SOMETHING THAT WE CAN PROCESS. AND IF AT THE END OF THOSE 45 DAYS, THE CITY ATTORNEY THINKS THAT WE NEED TO MOVE FORWARD WITH SUBPOENAS IN ORDER TO IMPLEMENT WHAT THE CITY COUNCIL'S EXPECTATIONS ARE, THEN WE DO SO. WITH A REPORT BACK TO THE CITY COUNCIL AS A RECEIVING FILE ITEM WHEN THOSE ARE DISHED. I prefer negotiating from a position of strength than not.

Unknown Speaker -

I'm okay with that.

Unknown Speaker -

Hold on, hold on. Your response?

I would suggest we come back here in mid-January and we talk about this item then. That gives us real time to actually show real progress. An application, we can't put a real application in front of you until we've actually signed a lease with a tenant, which means we have to select that tenant. It takes three to six months with these types of tenants to sign a lease. I'm not trying to duck you guys. I'm just trying to provide timeframes in terms of how this stuff plays out. We're going to get the ingress, egress application if that's the only thing that you're looking for in 45 days. Fine. But if you're looking for real, meaningful progress, Let us deliver on amending filing a application to amend the CUP Let us get further along with these tenants on A new ingress egress where we can actually secure one of them Because we can't we're back to square one, but we are having active conversations so instead of 45 days

Unknown Speaker -

How about maybe 60 days? um, well, let me let me ask um In January, our council meetings are, I think there were some changes, right?

City Manager Inez Alvarez -

Correct. Mr. Mayor, members of the council, we usually go dark. So the first meeting in January, January 3rd, we will not be having that meeting canceled. And then the second meeting in January, January 17th, would be the next city council regular meeting in the new year.

Unknown Speaker -

Correct.

Council Member Jose Sanchez -

The first one, and then the next one would be the 31st, I'm assuming?

City Manager Inez Alvarez -

No, just the 17th.

Unknown Speaker -

Just the 17th.

City Manager Inez Alvarez -

And then, yes, and then we would go into February following, yes.

Council Member Thomas Wong -

So I would be willing to go, I mean, one, 45 days will end us right after Christmas, so I don't think anything's happening that week.

Unknown Speaker -

In 90 days?

Council Member Thomas Wong -

I mean, no, I think I'm willing to kind of go the route, as Carl has suggested, with the longer, I mean, I'm looking at the date, right? I would love to get an answer back or at least a progress report by our first meeting in January, which will be the 17th, which means it needs to be reportable for the agenda by the 11th, right, the Thursday prior. So that would be the date I would suggest if that's what we're talking about.

Unknown Speaker -

I like that. I think that's fair.

Council Member Jose Sanchez -

And moving forward.

Unknown Speaker -

So just for clarification.

City Manager Inez Alvarez -

So definitely, yes, we post our agenda Thursday before the 11th. But in preparation, right, if we could, we would need to, you're looking for us to hear back from TRC before that date?

Unknown Speaker -

Or I'm not sure what the 11th date.

Council Member Jose Sanchez -

I'm assuming so that we can have something to put on the agenda.

Karl Berger -

What I'm hearing is you want me to report back on that particular date. You're authorizing me to issue subpoenas before that date if we have none of the things in place that I heard about or I suggested settlement agreement slash tolling agreement, whatever it is, potentially an application, whatever it is. Leave it to my discretion based upon my understanding of what the city council has directed, and we'll report back on January 17th.

Unknown Speaker -

If I may, I'd suggest strongly against issuing subpoenas today

Unknown Speaker -

with some sort of hold mechanism over them.

Unknown Speaker -

We're coming back January 17th, delivering a report on the 11th.

Unknown Speaker -

I'd feel much more comfortable as somebody who is a landowner in this jurisdiction to have you guys vote on it then.

Well, I mean, will you really do it?

Unknown Speaker -

I've never sat in front of you and Councilmember Lo, I apologize. I think we were supposed to meet with some of you

Unknown Speaker -

Councilmember you in Las Vegas a couple years ago. So yeah, we're gonna do it

Unknown Speaker -

The only thing I caution is like can we secure the anchor tenant to be able to provide you a site plan?

Unknown Speaker -

Because every anchor tenant wants a different site plan

Unknown Speaker -

So everyone we're talking to gives us a literally a different plan of how they want to lay it out So that the site plan is the one thing that I'm a little bit leery on but will we have made progress by then?

Unknown Speaker -

Absolutely. And we'll report on that progress.

Council Member Thomas Wong -

Carl, just a quick question on, I mean, what's the timing on mediation if that's being initiated now?

Karl Berger -

I can't give you a date on that, but that's why I suggested a tolling agreement. A tolling agreement basically means that you suspend the litigation.

None of the statute of limitations continue to run during the pendency of the tolling agreement. and allows the parties to suspend litigation for an opportunity to discuss things, which is why that was the first thing I suggested. Second thing, obviously, is the application that the city council has been talking about. But to the city council's point about how do we get to a point where we can talk about things, well, a tolling agreement, which involves also a confidentiality clause under the evidence code, which means that nothing that is discussed during that tolling period can be used in litigation,

Unknown Speaker -

all of that is very useful. like i said i know how to do it but i'm that's not on me yeah it sounds like there's some direction

Unknown Speaker -

to uh council on the other side to explore i'm completely out of my league with this

Unknown Speaker -

i would have to get back to you guys on that call on or i'm i'm okay with moving forward with the

Council Member Jose Sanchez -

legislative subpoena uh bringing it back in 45 days by our january 17th meeting um and and the Council can decide then whether to move forward with the subpoenas, given what, if we feel TRC has made some satisfactory movement.

Unknown Speaker -

So just so I'm clear, Mr. Mayor,

Karl Berger -

what I had suggested is authorizing me to issue them without coming back to the City Council and simply reporting if I had to issue them, absent any substantive effort by TRC to enter into a tolling agreement to allow discussion or to file an application.

Unknown Speaker -

That's an either or, not both.

Karl Berger -

And report back on January 17th. That's up to you what you want to do. But what you're describing is postponing this vote until January 17th

Unknown Speaker -

to give them an opportunity to do something.

Karl Berger -

That's also totally up to the city council.

Unknown Speaker -

Whatever you want to do, I will implement.

Unknown Speaker -

You know, I actually, Mr. Mayor, I mean, again, December is only two.

Council Member Henry Lo -

I mean, can we maybe perhaps then wait until January before we visit this issue again?

Unknown Speaker -

Anyone can make that motion.

Council Member Thomas Wong -

I don't know how honest an answer this will be, but my question is,

Unknown Speaker -

if the legislative subpoenas are authorized today,

Council Member Thomas Wong -

would that hurt the ability to potentially attract a tenant? right that's not in it in and of itself legal action against TRC no mr. mayor

Karl Berger -

members of the council as was put into the staff report the legislative subpoenas are simply information gathering and really it's for the determination of whether or not the city should move forward with commencing

Unknown Speaker -

revocation proceedings against the conditional use permit so it's an

Karl Berger -

information gathering phase using the power of legislative subpoena in order to get that information through deposition testimony and documentary evidence yeah and i i'm

Council Member Thomas Wong -

well my quick thought on this is you were talking carl i mean i'm willing i don't know how much of a step of good faith this would be seen as but i'm hoping that if i'm willing to postpone taking action on uh initiating or at least authorizing legislative subpoenas as a show of good faith and assign a good faith on our end to TRC until our January meeting in the hopes that we will see something substantive and substantive conversations and plans come from TRC between now and then and if not I will I will be right here commit I'm committing right now to make the motion to authorize the letters of spina on the 17th if we don't see any substantive at that point unless there's some other leverage that we can gain from doing this. But I'm happy to, I mean, I'm willing to take that step. Hopefully that's seen as a sign of good faith. I don't know if the other council members are as well.

Unknown Speaker -

I am willing to postpone as well.

Unknown Speaker -

But again, as Mayor Potem says, we better see something then, or else, yeah, I mean, then these opinions could happen.

Council Member Jose Sanchez -

and what I have a question mayor pro temp um so what exactly are we looking for in terms of good faith and what we expect TRC to produce by the 17th well I'm not putting words in their mouth

Council Member Thomas Wong -

but it sounds like they are going to submit a cup right adjustment plan or proposal and make start to make if they haven't already initiated some negotiations with potential tenants for the north part of atlantic square and based on those conversations they'll start to provide initial site plans or designs for those potential tenants in the north part of atlantic square right

Council Member Jose Sanchez -

because i mean yeah and i'm all i'm all in favor of good faith but i feel like that's all we've been doing on our end is some good faith. So I feel like on my end, I want to see TRC step up here and do some good faith on their end. And that includes removing us from these lawsuits so that we can be able to communicate a lot more and submitting COP plans, but also site plans. I am more in favor of voting on this today and ensuring that we have legislative subpoenas because we do want to see what's happening here. But I am going to give you guys one more time some good faith to the Mayor Pro Tem's point. And if we don't see any real movement, then we will definitely issue legislative subpoenas on the 17th.

Council Member Thomas Wong -

And to your question earlier, too, around what we expect to see, It sounds like we have suggested for their council TRC's council to explore tolling agreement or some sort of way to suspend the legal action against the city so that we can have these substantive conversations and on both ends have the have a

Unknown Speaker -

conversation

Council Member Thomas Wong -

that's fruitful about what the Redeveloping the north part of Atlantic Square can look like So making sure that's part of what we're looking for and if if that is the case I'm happy

Unknown Speaker -

Stereo's a motion to make a motion we're just taking a motion we're just postpone until January 17th. Sounds like there's consensus for that we have a marching horse thank you. And not that that's resolved but let's go ahead and move forward with city communications we'll start a

Council Member Jose Sanchez -

maybe someone can invite Mr. Councilmember Go back in.

Unknown Speaker -

Welcome back. I hope you've got a chance to take a little nap.

Unknown Speaker -

I do want to remind Council in our city communications that we have 15 minutes left, so to be mindful of time.

Unknown Speaker -

A lot of us shared in a lot of similar events.

Unknown Speaker -

So, yes, three minutes each. Yeah, let's keep it one minute. All right. I think staff's been here long enough.

Council Member Henry Lo -

Why don't I just do a highlight then? Because, yes, we'd be here probably for 15 minutes. I want to say I was very pleased to join my colleague, you and three staff and our first responders to receive an award from the YWCA last week for recognition of as a champion of hope.

Unknown Speaker -

I also want to congratulate the Garvey Education Foundation because I'm a former board member,

Council Member Henry Lo -

but also because this foundation raises money for many grants for teachers. And again, for the record, we have two schools, Hillcrest and Monterey Vista. In fact, a student from Monterey Vista made a pledge of allegiance. And so, again, any time we can support our community schools is great. And also, lastly, I do also want to thank Mayor Pro Tem Wong and our city treasurer for being at the San Giebel Valley Economic Partnership

Unknown Speaker -

to be able to board.

Council Member Henry Lo -

I apologize that I had, unfortunately, a family emergency, which made me unable to go that night. But again, I'm glad you were there representing our city.

Unknown Speaker -

And happy Thanksgiving.

Council Member, you? Yeah, I don't want to repeat the events that I attend with Council Member Lo.

Unknown Speaker -

First of all, I would like to congratulate INS

Unknown Speaker -

to be our city manager. Yay. Yay.

Unknown Speaker -

And I wanted to say you also get all council support unanimously, which is very important.

Unknown Speaker -

I remember the former city manager, Ron Bo said, he would not take the job if it's not getting 5-0 support from all the council.

Unknown Speaker -

So Ines has been working with us in the past few months, and everyone feels our teamwork is wonderful.

Unknown Speaker -

So again, congratulations, Ines, and keep up the good work. So that's it for me. Thank you.

Council Member Vinh T. Ngo -

All right, I feel like this is rapid fire.

Unknown Speaker -

So back a couple of weeks ago,

Council Member Vinh T. Ngo -

we attended the U.S. General Chamber celebration for Hong Kong, Macau, and Guangdong. So their one-year anniversary, so congratulations to them. The Garvey Education Foundation, very happy to report that they raised over $35,000 because they gave $37,000 this past two months ago. Chinese American Museum Gala, I think most of us was there.

Unknown Speaker -

That was last week.

Council Member Vinh T. Ngo -

On Veterans Day, we celebrated Veterans Day at the American Legion, as well as there was a pickleball tournament here at Barnes Park. This past Monday, we celebrated the groundbreaking for Chinatown Service Center in the city of Alhambra. So it's a new 44,000 regional health center.

we just actually came back from my next school for their literary literacy program so I believe the mayor and the pro tem both read to the classrooms and last but not least congratulations to our city manager and also happy Thanksgiving we'll see you guys back in December

Unknown Speaker -

Thank you. I attended some of the same events.

Council Member Thomas Wong -

Again, I was proud to represent with our city treasurer and head of the healing fund, Amy Lee, at the Economic Partnership Gala. Great event and great celebration from a regional perspective and appreciate their recognition of our community effort coming together in the wake of the shooting. and thanked many of the attendees there for their support that they poured into the city during the last few months. Attended the SBA roundtable that was hosted with the mayor and some other nonprofits that was hosted with the deputy administrator for disaster response here that we hosted at El Encanto for him and his team. They're looking at potentially how we can continue to support businesses in the wake of the shooting that were impacted, even seeing how we can, on a case-by-case basis, extend the application period beyond the one-year period for the time limit of the economic injury disaster loan opportunities for businesses. And I think there's plans to do additional outreach to businesses, another round of outreach to businesses that might be able to benefit from the SBA resources. attended on the 7th last week as well. The federal government came in and did a public hearing on the San Diego Mountains National Monument,

Unknown Speaker -

potential expansion.

Council Member Thomas Wong -

So I was proud to join that public hearing and to express support for that monument, which the city council adopted a resolution in support of

Unknown Speaker -

a few months ago as well.

Council Member Thomas Wong -

And then again, as the other council members mentioned, I'm proud to join the American Legion and our staff in the Veterans Day ceremony this past weekend across the street. Great event and great opportunity to bring the community together to celebrate some heroes that have served our community and our country as well.

Unknown Speaker -

And that's it. Thank you, Mayor Pro Tem. And I also attended some of the semi-events,

Council Member Jose Sanchez -

but I wanted to highlight a couple of them

Unknown Speaker -

that were not mentioned.

Council Member Jose Sanchez -

I had an opportunity to meet with both city staff together on November the 2nd with ELAC and their team to be able to start creating a relationship with ELAC, in particular to be able to see what types of ways we can work together when we think about what type of professional development some of our city staff might need that they might be able to provide, even through an extension campus here in the city, but also partnering in other different ways,

Unknown Speaker -

even looking at affordable housing

Council Member Jose Sanchez -

and ways that we can potentially bring affordable housing onto the ELAC campus and in that area for students and residents in that community. So we had a pretty fruitful meeting on that day. The following day, on the 3rd, I had an opportunity to stop by the Junior Friendsgiving at the library, which was really great to see all of these kids. Some of them, I saw two of my students there.

Practicing ways that they are thankful. I saw them writing posters on the wall, thanking people that they were thankful for, but also playing video games, playing just I got a chance to play hungry which I hadn't done in a very long time since I was a kid so great to see a lot of board games but also just an opportunity to see a lot of our local kids hang out and have fun within the light the space of the library so appreciate the library for putting that on was very nice to stop by and see kids in that space in the library. I also wanted to share that I had the opportunity to attend the SBA roundtable with the mayor pro tem and we We had a very fruitful discussion with the SBA. I also had lunch with the SBA associate director who was here at NBC. But we had a really good discussion about how we could continue to support businesses in Monterey Park,

Unknown Speaker -

like the Mayor Pro Tem said, extend the deadline.

Council Member Jose Sanchez -

But also, once we do have the Lunar New Year festivities, being able to reach out to a lot of those businesses that maybe didn't file, who might have been impacted by the shooting, but also looking at the applications that were denied and how we can help them reapply for those loans because there's still a lot of money there to be had. I also wanted to share that we also had the opportunity to meet with LAUSD and their school board members. And we do have one school in the city of Monterey Park that is part of LAUSD, which is Robert Hill Lane, to be able to communicate with Robert Hill Lane and see how we can actually work together on different issues. I know that provides us for a space on the south side of the city

Unknown Speaker -

to be able to have meetings and stuff like that.

Council Member Jose Sanchez -

In fact, we're having our Going Green meeting there tomorrow at Robert Hill Lane.

Unknown Speaker -

So that was very fruitful.

Council Member Jose Sanchez -

Thank you, staff, for arranging that and continuing that discussion with a lot of our public schools here in the city of Monterey Park. On the 14th, actually, let me backtrack. On November 11th, which was Veterans Day, I had the opportunity to also attend the Veterans Day ceremony, which was great. But before that, in the morning, I had the opportunity to have breakfast with the Assistant Secretary of the Army, with a lot of other local mayors from around the San Gabriel Valley. I had a very fruitful discussion about the future of the military. How can we get more people to participate in the military and kind of shed a different light about what the military does in terms of providing fruitful careers for people. I think people just see it as a place to maybe go and fight and go to war,

Unknown Speaker -

but that's not exactly all that the Army does.

Council Member Jose Sanchez -

And then I wanted to share also one of the people that we honored at the Veterans Day ceremony was Anthony, sorry, was Seferino Rodriguez, who turned 95 years old, lives in my district. but his son emailed me, and I wanted to read the email. He says, Dear Jose, my father and I would like to thank you for all of the kind words that you and the city did in the recognition of my dad at the 2023 Veterans Day celebration. We were surprised when the city presented him with yet another certificate. This one meant a lot more to him. we will always be thankful to the city for all the work that you guys have done thank you, best regards Anthony Rodriguez

Unknown Speaker -

I wanted to share that

Council Member Jose Sanchez -

because he was very appreciative of the recognition

Unknown Speaker -

that we provided his father who turned 95 years old

Council Member Jose Sanchez -

and was a veteran of the Korean War and was a prisoner of war as well

Unknown Speaker -

and that is it for me so I just wanted to thank

Council Member Jose Sanchez -

and congratulate our city manager

Unknown Speaker -

once more

Council Member Jose Sanchez -

on her permanent position.

Unknown Speaker -

Thank you.

Council Member Jose Sanchez -

And you want to say any words?

Unknown Speaker -

Thank you, Mr. Mayor, members of the council.

City Manager Inez Alvarez -

I am very honored to serve as your city manager. We have a great executive team, and I do want to recognize all the staff.

Unknown Speaker -

Without their support, definitely no city manager

City Manager Inez Alvarez -

ever runs a city by themselves. So it's all the staff and the community that have been supportive of me. And so I appreciate the vote of confidence. I will continue to do my very best to serve this Monterey Park community.

Unknown Speaker -

I love being here. And I, again, appreciate it. Thank you so much. Thank you.

Council Member Jose Sanchez -

We look forward to continuing to work with you, Inez, and all of the great stuff you'll help us accomplish

Unknown Speaker -

here in Monterey Park.

Unknown Speaker -

With that, we will close our long meeting at 11.27 p.m.

Unknown Speaker -

Have a good night. Thank you.

Thank you.

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