Thank you.
TL;DR
The council adopted a unanimous abatement order for the partially‑constructed property at 795 W. Garvey Avenue, extended the meeting to 11:30 p.m., and approved a range of consent‑calendar items while continuing public‑works updates.
- Council heard Public Works and Fire Department presentations on preparedness and waste‑management updates18:58
- City presented first‑year waste‑management report and bulk‑item pickup data40:27
- Public Works Director shared capital‑improvement project updates77:19
- Council opened public‑nuisance hearing for 795 W. Garvey Avenue8:38
- City presented evidence of code violations and partial construction8:58
- Property owners’ counsel cross‑examined city staff8:58
- Council deliberated and found a public nuisance; issued abatement order11:11
- Council extended meeting to 11:30 p.m.10:05
Summary
Monterey Park Infrastructure and Public Nuisance Updates
30:29The meeting covered a broad range of infrastructure topics, from waste‑management upgrades and public‑works capital projects to the status of a stalled retail development at 795 West Garvey. The Waste Management Department presented its 2024‑25 operations, highlighting the transition to a three‑bin system, electric vehicle deployment, and compliance with SB 1383. Public Works Director Shawn Igoe updated the council on completed signal and road projects, under‑budget performance, and upcoming sidewalk assessments. Meanwhile, the MPK Transit Express pilot received a unanimous motion to extend its free‑ride period from one day to a week, reflecting council support for on‑demand transit experimentation. Parallel to these operational updates, the council heard a series of public‑nuisance hearings concerning the Chan family’s 5,200‑sq‑ft retail site. City Attorney Joaquin Vasquez and Tim Camp presented evidence of prolonged construction, unpaid fines, and ongoing violations that could constitute a public nuisance under Municipal Code §4.30.110. Code Enforcement Supervisor Ray Lozano confirmed repeated inspections and non‑compliance, while owners’ representatives acknowledged delays but argued that completion was imminent. The council chose to table the nuisance determination for two weeks, allowing further monitoring before any enforcement action. Throughout the session, council members expressed consistent support for infrastructure investment and data‑driven decision making. No formal vote was taken on the waste‑management or public‑works proposals, but the unanimous approval of the free‑ride extension and the decision to table the nuisance case were key outcomes.
Outcome: Motion to extend MPK Transit Express free ride from one day to a week approved unanimously (5‑0). The council agreed to table the public‑nuisance determination for 795 West Garvey and adjacent property for two weeks; no enforcement action was taken during the meeting.
Speakers: Thomas Wong, Bill Lam, Shawn Igoe, Henry Lo, Joaquin Vasquez, Tim Camp, Ray Lozano, Vinh T. Ngo, Mr. Vong, Karl Berger
View documents & minutes ↓public_safety
4:44:24{"topic_title":"Public Nuisance Hearing – Atlantic & Carvey Property","summary_text":"During the public safety hearing (284:24‑342:29) council members debated whether the stalled construction at Atlantic & Carvey constitutes a public nuisance. Councilman Jose Sanchez voiced community frustration, citing the property’s unsightly appearance and repeated legal disputes. City staff led by Elizabeth Yang explained that the project has been stalled since 2019, with only sporadic visits and no signed contract until a recent agreement dated September 16. Contractor Mr. Vong confirmed that no contract existed until that date and offered to continue construction under city direction if an abatement warrant were issued. The council discussed a stipulated order of abatement, allowing the issuance of an abatement warrant if the contractor fails to comply within a two‑week cure period. After deliberation, Council Member Vinh T. Ngo moved to declare the site a public nuisance and authorize the mayor and staff to act; the motion was seconded by Elizabeth Yang and Thomas Wong and approved unanimously at 337:16, thereby granting the mayor and staff authority to take action. No vote or final decision on a settlement was reached before the recess, but the unanimous motion effectively empowered city officials to pursue abatement.\n\nThe discussion also touched on contractor status changes—Mr. Bong is now a licensed general contractor—and confirmed that funds are available for the project’s completion. The hearing concluded at 337:26, with the council moving on to new business.\n\nKey points from speakers included Sanchez’s call for oversight and completion by December, Yang’s description of the stalled project and litigation history, Vong’s offer to continue work under city direction, and Ngo’s motion and unanimous support for declaring the site a nuisance.\n\nThe outcome was the unanimous approval of the motion to declare the Atlantic & Carvey construction site a public nuisance, authorizing mayor and staff to take action to abate the nuisance.","speaker_positions":[{"speaker":"Jose Sanchez","stance":"oppose","key_points":["Property is a public nuisance and unsightly.","Community frustration over delays.","Calls for oversight and completion by December."}],"outcome":"Motion to declare site a public nuisance approved unanimously; mayor and staff authorized to take action to abate the nuisance.","key_quotes":["\"The property is a public nuisance and unsightly.\",\"We have been working with the city since May, but no contract was signed until September 16.\",\"We can monitor the project and if it fails to comply within two weeks, we will issue an abatement warrant.\",\"I am going to support issuing this as a public nuisance.\",\"There is overwhelming evidence that a nuisance exists at this site and to authorize the mayor and the staff to move ahead on actions.\",\"Approved unanimously.\"]}
View documents & minutes ↓Transcript
Thank you.
Thank you.
Thank you.
Thank you. Thank you.
Thank you.
All right.
Thank you.
Good evening, everyone. Let's call the meeting to the Gabrielino-Tongva people as present and future.
And honor the Gabriolino-Tonva history and join us in caring for this land. Salute. Today we have the... I ultimately ultimately ultimately
ultimately ultimately ultimately ultimately ! ultimately
Present colors. To the flag of the United States Republic for which it stands, in this law, just as a
Forward, face! Forward, march!
Well, now it's based.
Dismissed.
Madam Clerk, may we get a roll? Council Member Ngo? Present. Council Member Wong? Present. Council Member Sanchez? Present.
Mayor Pro Tem Lo? Present. Mayor Yang? Present. We have a quorum.
Thank you. Do we have a quorum?
Yes. I'd like to request to add to staff committee department.
There's some activities and events that we just want to make sure that we highlight. Madam Mayor, is to, if we can, please, if the council, move 7A.
a guest in the audience, and so we'd like to see if that would be a possibility, please. All right. Yes, no problem.
All right, looks like we have three public comment cards.
Thank you.
Thank you, Mr. President. would deter this. For example, I lived near Repetal Elementary School. None of the curves
apply with the state mandatory law. Two blocks away, there are to meet, well, I don't know if
that's the right thing to do, but for our children, they may not be aware of what is to do the right thing.
Especially around, I'm just only referring to schools, but I'm sure there's other areas in the city,
the foot traffic. Yes, it requires the city engineers to draw pretty easy, crosswalk 20 feet back.
It costs to take care of these curves to save a life. $3 million with this new,
they enforced that law
and they were able to do this. Very high. They're about to decide that, whatever fits our city, and we'll have more revenue.
Thank you for listening.
I know we posted on our website for AB. Did we also promote it?
And I know the speaker's saying that the plans by city to address. Thank you, Mayor Patel-Lo. Bring this up for further discussion because I'd like to actually explore a little bit more because I
Understand where the speaker is coming from and I actually do see that
Yes, we can definitely have a big and come up in it and answer the quen consider exactly that
higher risk because of students so here Good evening mayor mayor Potom City Council Sean I go public works director just by case basis When we do look at painting those corners so the ongoing maintenance can be expensive specific intersections PD is working with us to identify some of those locations which typically around schools So we'll evaluate those and paint those areas on a case-by-case basis And then additionally, I know PD is also working on a campaign to educate her Don Rock
Good evening madam mayor City council members dedicated staff moment to publicly congratulate Liz. It was very...
Madam clerk may we get a roll council member go present council member
! Council member Sanchez? Mayor Pro Tem Lo? Mayor Yang? We have a quorum. Thank you.
I request to add to staff committee department. There are some activities and events that we just want to make sure that we highlight.
Madam Mayor, if we can please move 7A, a guest in the audience. And so we would like to see if that would be a possibility please.
All right? Yes, no problem. All right. Looks like we have three public comment cards.
We have a question. We have a question. We have a question. I'm not sure what is the risk to do the right thing. We have a question. We have a question. Yes, I'm just only referring to schools, but I'm sure there's other areas in the city. The foot traffic. Yes, it requires the city engineers to draw pretty easy crosswalk 20 feet back. It costs to take care of these curves. It could save a life. Three million dollars with this new. They enforce that law and they were able to do this very high. They're about to decide that whatever fits our city and we'll have more revenue. Thank you for listening. I'm at Mount. I know we posted on our website for AB. Did we also promote it to the resident? And I know what the speaker is saying is that the plans by city to address. Thank you, Mayor Prat-Semolo. I'll bring this up for further discussion because I'd like to actually explore a little bit more because I understand where the speaker is coming from and I actually do see that.
Yes, we can definitely have it. They can come up and answer the question. Consider exactly that. Higher risk because of students. So here. Good evening, Mayor. Mayor Prat-Semolo City Council. Sean Igoe, Public Works Director. Based by case basis, when we do look at painting those corners so the ongoing maintenance can be expensive. We have a lot of specific intersections. PD is working with us to identify some of those locations which is typically around schools. So we'll evaluate those and paint those areas on a case by case basis. And additionally, I know PD is also working on a campaign to educate. Don Rock.
Good evening, Madam Mayor, City Council members, dedicated staff. I want to give a moment to publicly congratulate Liz.
It was very nice and I'm so excited and so happy for you. Congratulations.
Science Night. And I'm so excited and so happy for you. Congratulations. My name is Dawn Rock. And a couple of weeks ago I had the Park resident Jake O'Hara. It's also part of history filming during World War II where my own mom and her family were sent. He went on to earn his doctor of pharmacy degree from USC. Fight on. And raised five children who attended Repetto Elementary. Four children graduated from USC.
for Mark Keppel while the fifth pursued private school. But beyond his many accomplishments, I knew Jake in the simplest, most my dad's fishing buddy. Every morning at Tommy's, Jim's Bakery, Keller's, it was still open, or McDonald's, wherever there was a cup of hot coffee and good
conversation. He was a friend of my family. He was well, everyday, everyday fabric. Jake left an
incredible mark. He was one of the owners. People shared stories of his warmth, his generosity,
his kindness. One of Jake's sons, Garrett, asked him about hadn't paid their bills,
but powerful. How else are they going to get their medicine? He wasn't in business for wealth or recognition. He was in business to serve, to care, to serve. Someone who gave. We signed up more swimmers and volunteers for our upcoming swim campaign fundraiser on October 5th. The good news for all of you is there's still room to join us.
It will also, oh, I'll also be at the Monterey Park Police Department's 25th Annual Youth Activities Golf Tournament as a golfer.
And I can help all the officers.
This isn't just a fundraiser.
It's a chance to be part of history. This is the community's first annual swim campaign. I invite each and every one of you to sign up at sgvpub.org as a swimmer, a volunteer, or simply as someone who cares about preserving a place where generations have learned, swam, and grown together. Thank you, as always, for your time, your attention, and your love for this community. Next speaker, Michelle E.
Hi neighbors, it's Michelle, your elected city clerk speaking as your city clerk. But I don't like what we have to say.
In the past few meetings, you may have no speaking.
Prior, you were able to speak on each item. So during consent calendar, you could only speak five minutes on all of the items that you consent. Now, anymore, so they limited your speaking time to five minutes.
No one makes you wonder.
And if you don't, you know, it's crazy. I have so many parallels with what's going on federal. Or get everybody fired in, and because they want to voice that opinion.
And here, in your space. Next item is.
First up. Has there been a change of policy? Are people no longer alLod to speak during public comment? I'd like to clarify.
At all of our meetings, five minutes.
So for consent calendar items, it's five minutes for consent calendar.
Public hearing, five minutes. Correct. Madam Mayor, I don't know. Do we want to move the fire chief before staff communication?
If the council members like to do that, we can. I know we have our sounds good.
Let's go with seven. Fire chief.
Jason's making his way down here to the podium. I'm going to read a quick term as Deputy Fire Chief with the Los Angeles City Fire Department for 36 years.
He's held a variety of roles, paramedic, captain, battalion, and experience. In addition to his promotional accomplishments, James.
Council members, elected officials, valued. My name is Jason Heng of the Monterey Park Fire Department. I am very grateful for the trust that has been and work alongside these dedicated members. One of my main priorities are our firefighters, so the highest level of service to the communities they serve. This exceptional department is much more than emergency responses. We are an essential part of this community. And with your support, we will continue to set the standard for public safety and community partnership. With that, I'd like to close by saying thank you very much for this opportunity. I look forward to serving.
Actor or taken care of.
First priority.
I just want to echo welcome ship and look forward to our new fire chief to the community
all badge pinning thing or community is able to really get introduced to him too. Thank you. Thank you.
Chief to Monterey Park. Everyone here in Monterey Park really admire and have a lot of respect for our first responders. Thank you. Council member.
Great that you were able to be here yesterday during the festivities. as you saw the people who are involved in this as much to welcome you as our new fire chief.
And so we're looking forward to working with you, to collaborating with you, and, again, you and your leadership for amazing.
Thank you. Can I leave now? Yes.
All right. I'm Mayor Pro Tem and City Council, Sean Igoe, Public Works Director. Tonight I have a quick update on the name.
So we're happy to have a meeting this past Monday. And these that provided input and feedback.
So we're excited to hear from them.
We have our next meetings coming up, which is going to be next Monday.
And then that will be an in-person meeting at George Elder. And then we have next Thursday we actually have our feedback and hopefully give us some information.
We've had three completed thus far, which is great.
We hope to have more complete that. We're hoping about additionally we did some door-to-door canvassing. 75 businesses and residents. We got feedback from them. We had 20 individuals complete surveys. So while they were there, we wanted to hear feedback from these individuals. I appreciate the staff especially taking the time and effort to canvass the businesses along with some criticism about.
I really appreciate your staff for doing that. Loved all the pictures. It's a very exciting. I commend all of our residents to complete the survey. Thank you.
Next, we have fire.
Good evening, Madam Mayor. Welcome and congratulations again. It was a great celebration last night.
Department, happy to be here. Also very proud of this community, this fire department, chiefing. Awesome opportunity. Briefly about September is national to prepare for emergencies. So just taking the smallest action can make a big. And so today I'm talking about what we're
doing. So we started with our community preparing. Channel 7 actually covered it too. So it was great
in the city. Then I want to advertise again our CERT program. So that's for our citizens. Highly
encourage them in how to control your home utility. I enrolled my brother and my dad in the very first
class we had here at the city of Monterey Park. Then our training, right? So we got to make, keep continuing on, building on the progress. Service worker certification here with our own city, same basis. Not the first time we met during a situation. So we can do that. Training as well, and we're doing bridge so you'll see the signs of this at all of the main this is our new upgraded version of nix so a huge resource a great i'm very proud of this project that we want city one a quick go kit for the car so that was what we wanted to focus on this month captain gets put together a quick video there that you reference on the slide
basically to provide the basics essentials you don't have it you can go to your local dollar
store for me shade the concerted effort um by if by chance you don't have to top your head
under the Nixle system between the current system
and the... From Nixle. Oh, I see, I see. So the difference of Everbridge as well too
is it's an opt-in system. And then we also have... Good, I'm glad to hear we're being cutting edge.
Thank you.
Thank you and your leadership for amazing. Thank you. Can I leave now? Yes.
All right. Mayor Pro Temp and City Council, Sean Igoe, Public Works Director.
Tonight I have a quick update on the name. So we're happy to meet this past Monday and these that provided input and feedback. So we're excited to hear from them.
We have our next meetings coming up, which is going to be next Monday.
And then that will be an in-person meeting at George Elder. And then we have next Thursday we actually have our feedback and hopefully give us some information. We've had three completed thus far, which is great.
We hope to have more complete that.
We're hoping about additionally we did some door-to-door canvassing.
75 businesses and residents.
We got feedback from them. We had 20 individuals complete surveys.
So while they were there, we wanted to hear feedback from these individuals. Thank you. I appreciate the staff especially taking the time and effort to canvass the businesses along. There's been some criticism about. I really appreciate your staff for doing that.
Especially. Loved all the pictures. It's a very exciting. And all of our residents to complete the survey. Thank you. Next, we have fire.
Good evening, Madam Mayor.
Welcome and congratulations again. It was a great celebration last night. Department, happy to be here.
Also very proud of this community.
This fire department chiefing. Awesome opportunity. Briefly, about September is national to prepare for emergencies.
So just taking the smallest action can make a big deal.
And so today I'm talking about what we're doing. So we started with our community preparedness. Channel 7 actually covered it too. So it was great in the city.
Then I want to advertise again our CERT program. So that's for our citizens.
Highly encourage them in how to control your home utility. I enrolled my brother and my dad in the very first class we had here at the city of Monterey Park.
Then our training, right? So we got to keep continuing on, building on the progress. Service worker certification here with our own city.
Same basis.
Not the first time we met during a situation.
So we can do that. Training as well.
And we're doing bridge. So you'll see the signs of this at all of the main. This is our new upgraded version of Nixa.
So a huge resource.
I'm very proud of this project that we went city one. A quick go kit for the car. So that was what we wanted to focus on this month. Captain Getz put together a quick video there that you referenced on the slide.
Basically to provide the basics essentials. You don't have it.
You can go to your local dollar store. That's for me. Appreciate the concerted effort by if you don't have to top your head under the Nixa system.
Between the current system and the.
Into from Nixa. Oh, I see. I see.
So the difference of Everbridge as well too is it's an opt-in system. And then we also have. Good.
I'm glad to hear we're being cutting edge. Yep. Things people can prepare. Residents can prepare in case there's an emergency. Yep.
Correct. He actually put together like two to three minute video on there.
He actually goes and shows all the stuff he bought at the store. Put it in the backpack.
And just talks about the essentials of what you need. Next we have item seven.
email, or live chat directly. Open new accounts, make changes to them such as like paying in cash,
credit cards, debit cards. Provides hands-on training to help with recycling and proper
material sorting. And residents can also stop by to pick up kitchen pails. To make billing easier, we provide and meld it with our invoices. Find customers that if they are us, that we can update
their information on our system. Unfortunately, that system, that information doesn't automatically
get updated. AutoPay is safe and secure. We don't store any credit card numbers. We also added a new note on AutoPay. We were notified by a lot of residents that they were not notified that their
credit card did not go through, so we've since updated that. And here is a copy of the invoices due, what they're getting billed for, and then the information. All right, so from September 1st of 2024 when we initially started to August 31st of 2025 we've collected bulky item requests we've collected 200 and we've also through the city's go mpk app we've also handled more than 1300 abandoned items we would implore what you see especially when you put that out it's like another day or two in delay before we it's all beneficial to all of us
we've hosted quarterly bulky item and e-waste drop-off events along with monthly compost
giveaways that's something new that we've implemented this year Monterey Park receives
these events more often than other cities and we are committed to providing 250 bags of compost
that are just specifically reserved for the city of Monterey Park we've also provided
at-home delivery for ADA customers. That's going to be back compost.
And then the events are very popular. That material often goes very quickly. In addition, we hold document shirting events.
We held one in April, and we're holding one in October the 4th.
So when we – oh, let's go back one.
Under SB 1383, which is the reason why we have to put food waste into the green waste cart. One part of that legislation requires procurement, which includes compost and mulch giveaway events. Most communities are now only doing two to four a year,
whether semi-annual or quarterly. This is what we do in other jurisdictions. We have worked quite well with your staff to do this on a monthly basis.
We provide not only the bagged, I've secured that for this year and next year, but also providing... Where are we sending the loose? 40 yards. No, where are we sending it? City yard. We also send, we can send as many loose 40 yard boxes to the corporate yard and the residents can pick up as much as they want there. this is important because under that part of 1383 since AB939 went in in 1989 we've always talked about closing the loop finally at least on the organic side of it we now have a way of doing it
and so it's great to see the participation in this community where people come and use it this is what we think is truly great please encourage all of your neighbors to continue to participate in these events.
And here are some photos from the compost giveaways and the cleanup events that were held this year. All right.
We're disposed to be proud to take part in community events such as the Monster Mash,
the Holiday Snow Village, Earth Day, Cherry Blossom Festival.
We've also participated in Brightwoods Elementary Earth Day and the City Public Works Day.
And these events help us connect directly with our residents.
We've developed flyers, brochures, and mailers to keep residents informed.
All materials are available in Chinese, English, Spanish to better serve our diverse community.
All of our materials are also available via our website as well.
this past year we worked hard to clean and combine customer data from both the city
water information that we receive as well with Athens data many residents have been adjusting
their services with over 750 households choosing smaller carts that better fit their needs their needs one big change was moving trash services off the city's water bill residents now receive invoices directly from where disposal to help with the transition we waived the late fees during the first billing cycles?
Just a short note on the two billing lists. They were essentially, well, they came in an Excel spreadsheet.
They were essentially two incompatible formats.
So we had to figure out how to combine them and then put it through a GIS system so it all matched. And then we knew where people were routed and separated out from single-family.
It's a multifamily, and that took about four to five weeks until we finally got that accomplished. That was probably the most difficult part of the transition when we went through that last year.
Some improvements that we've done to improve our customer service,
we've expanded support to include real-time chat through our website
and a dedicated email address specifically just for the City of Monterey Park residents.
Our customer service team has grown, with Chinese-speaking representatives added for better accessibility.
We've also optimized collection routes to ensure timely and reliable service. And residents are already seeing faster response times and more efficient service.
Some highlights for this year. We've met our 2025 diversion rates targets.
We introduced two fully electric vehicles dedicated to Monterey Park.
They're currently used for bulk item removals, recycling, and green waste routes.
We've distributed new carts, purchased new service vehicles, and maintained reliable schedules.
We also delivered on-site training for our multifamily residential customers.
And looking ahead, we're already planning for 2026 to ensure Monterey Park events remain engaging and successful. Let's go back one slide, please. There's two aspects I just want to discuss here. One is on the electric vehicle component.
We will continue exploring the ability of adding more to our fleet
and deploying them here to the city,
considering there are essentially no-emission vehicles.
You need to understand that there is significant competition for these vehicles in that when we first introduced CNG vehicles, alternative fuel,
here in Southern California back in 1995, we were grateful to the city of Santa Monica because they did all the experimentation for us. And then it was a phased-in approach that ultimately got where they became reliable and then they became widespread. But that was only here in South Coast. If you lived in other parts of the state, you didn't have to buy an alternative fuel vehicle. With electric vehicles, until what has happened recently with the current federal administration, electric vehicles would have to be implemented up and down the state. This is going to create a significant competition issue for buying these very precious resources. So we're going to do everything we can to acquire them. But you have to keep in mind, you know, there's a big 800-pound bully next door to the city of Los Angeles. If they want to buy 100, that squeezes us out. That squeezes a lot of other people out.
It's just this is the problem with the statewide rule compared to what we were doing with 1193 here on the South Coast.
The other item is one thing that we had to factor in eventually was the closure of Chiquita Canyon Landfill, which occurred January 1 of 2025.
This was largely unanticipated when we first proposed on this contract. We've had to make some adjustments because of that.
and we're doing that at no additional cost to the city and its residents.
Those are the electric vehicles that are out on the streets in Monterey Park.
All right.
In compliance with SB 1383, we conducted a route audit between March and May. We inspected 1,300 accounts by checking carts. A three-tack system was used.
We had good for correct sorting, oops for contamination,
and no service if sorting was not acceptable.
We also provided flyers and sorting guides to help residents improve their sorting.
This audit helps us create better outreach and education going forward.
And here are some examples of those three audits, of those three tacks.
So those were the three tacks that we tacked on the carts that were audited.
Our customer service team is here to help.
We're open six days a week, both in person and online.
Thank you for allowing us to serve Monterey Park and we look forward to another year of partnership with the city, the council and the community.
I have a question, ma'am. May I? Yes. Mark and Jason, thank you for doing this. first I'm going to give you guys props for doing the compost monthly that's a big hit in the community they don't have to wait three months they just go out there monthly so thank you for that just out of curiosity on the customer service reps how many do you have that's full-time staff or part-time staff that's fielding the calls yeah so here in the city of Monterey Park we have five
full-time staff members out of those five we have three they speak fluently Chinese, both Cantonese and Mandarin.
We do have other call centers that if for some reason our calls do get flooded in the city of Monterey Park, they get redirected to other call centers that assist with the calls for the city of Monterey Park. Okay. Thank you.
Thank you and appreciate the annual report and especially this first year. I know any kind of transition to a new hauler and particularly a completely new system, we went from a two-bin to a three-bin system, is bound to have challenges. It looks like, and I think we've worked through, and your team has worked through a lot of them.
I'm just curious if you guys track a number of complaints as well and just how quickly those are resolved. I'm curious if you have that data or would be able to report out on that data. I don't have that data in front of me or with me today,
but I would say that our complaints have decreased drastically, especially since the start of our service. With the new improvements, we've been able to assist customers easier and quicker. So most of the complaints initially were about just not being able to get a hold of us
or not being able to get the information that they needed. So we've made some upgrades to that. One other aspect to that, especially on single family plus what we got in the multifamily, we didn't change any day of service for anybody. and to the state I believe that's still true.
No, I appreciate it. And I think by and large the transition went a lot smoother than I even expected,
not to say that there weren't hiccups and there weren't issues
and there weren't complaints, but I'd be curious just going forward, and this is a seven-year contract, right, to be able to measure next year's annual report to see that.
! they get redirected to other call centers that assist with the calls for the city of moderate park
! thank you
! thank you and appreciate the annual report
! especially this first year ! I know ! any kind of transition !
to a new hauler and particularly a completely new system went from a tube into a three-bin system uh is bound to have challenges uh it looks like and i think we've worked through and the your team has worked through a lot of them i'm just curious uh if you guys track number of complaints as well and just how quickly those are resolved i'm curious if you have that data or would be able to report
out on that data i don't have that data in front of me or with me today but i would say that our complaints have decreased drastically especially since the start of our service
um with the new improvements we've been able to uh assist customers easier and quicker
so most of the complaints uh initially were about i'm just not being able to get a hold of us or not being able to get the information that they needed so we've we made some upgrades to that
one other aspect to that uh especially on single single felony plus what we got
in the multi-family we didn't uh change any day of service for anybody and to the state i believe
that's still true no appreciate it and i think by and large the transition went a lot smoother than i even expected not to say that there weren't hiccups and there weren't issues and there weren't complaints uh but i'd be curious just going forward and this is a seven-year contract right to be able to to measure next year's annual report to see that to make sure that the number of complaints and all these other issues and challenges continue to drop which would be helpful to be able to compare some of that so if there's a way to do that that'd be great um and i appreciate the if we can and if the city and where can work on doing more to push uh bulky item pickup i know we do promote it and encourage people to call to get their bulky items picked up i've made use of that i had to move this last year and had a lot of furniture to get picked up and really appreciated where uh getting that done the last few and really appreciated where getting that done the last few months. There's still, I mean, I walk the neighborhoods, I know the other council members do as well, why people either don't know or choose not to utilize
bulky out and pick up.
And unfortunately, as you noted in your presentation, we have to go send you guys out to go pick it up off route and or add to things that you guys weren't planning
and overcome and get people to understand that this is something we are,
everyone that is a customer in the city already pays for as part of their bill for booking item pickup, whatever we can do to continue to promote blocks where people just leave stuff.
But it would be much more helpful if they plan.
I assume some of that's regular, right? Is that how we're measured, or do we measure that direct way?
Before this was a provision within 1383, it was sort of left to all of our own collective devices to figure out what we thought would be acceptable.
13.3 essentially now has forced us to now deal with this.
So now we are now telling people hardcore, you're doing it right.
You see a tag, you need to improve. That's sort of actually getting the organics out of the waste stream. Let's not deal with the blue.
This is all short-lived climate pollutants.
This is what we're trying to get out of black, put into green, and then we deal with it.
will be it's hard for i'm sure people are still adjusting to it i think the green bin properly
continue to on the the organic diversion wear side one other point uh in the green
please do not put palm in the green it doesn't work be going in the green bin which should be going up and then people who find it still too confusing they just put everything in the black
bin still because that's how it used to be so that's not the right way to do it so appreciate that we're doing this audit the you're going to continue the audit annually I mean if we can do that more often right it'd be helpful if there are other ways to help continue to educate people
politely and nicely around what I think there's a lot more of that still to do the diversion requires your is that measured when you accumulate all the jurisdictions you serve you exist as your own entity of what we have and throw it all together and you're part of it. It's a requirement in the franchise
where we have to meet 42% on a monthly basis, so we've done that.
Then 1383 taking it from a straight dramatic.
So it's, do you have a program for this? Do you have a program for that? Are you offering the compost and mulch giveaway? You know you put all these things together and that determines whether you've programatically are in compliance
So that's what what we're here for we're getting you into programmatic compliance so the
so we are doing right the program at compliance versus the Diversion requirement in terms of what I view compliance as if you have us right with these programs in place then you're meeting then you're in compliance
or do we need to meet a certain number of returns?
Or is the state going to come down? Here's how they measure that.
Are we measuring, like every week that you guys pick up trash,
are we measuring? To the state to CalRecycle, efforts to meet regulations,
but there is, I know you're asking about,
essentially how the calculations work is that all waste that is generated
in the city of Monoracility gets reported to the state. us through our curbside pickup programs. It can also be coming back from the city of Monson and a per capita do come under that rate every year to be in compliance. We are more geared towards the organics recycling side because that legislation is newer. Back to the state every year we do get businesses or drive around us and so a Cal Recycle representative will meet with city staff and discuss all of our programming as well. Well, yeah, well appreciate that and that's very helpful like in compliance are we close to not being compliance because the Continues to increase right it with time. There's a fears. Is that right?
So that that's a statewide target Jason mentioned in our franchise agreements. We do require
The haulers diversion a rate so that we can we have plans to continue to to meet the requirements as they get harder and harder. Maybe we can do a tour at some point of the facilities and the sorting facilities. We can have that arranged for you. Measure everything and meet the reporting requirements. I mean, it's how we do it. Thank you for being here.
I just had a couple of questions. And to avoid a lot of the abandoned bulky items, I'm wondering if we can share or if we have the bulky item so people are, and what you guys are doing, whether I mail, but
now I get it electronically.
Process works for people who might not be aware, might just leave it on the curb. With information about due date on another invoice. and i haven't had any problem i mean i'm picked up uh when my kids aren't home so um but thank you
uh for the compost giveaway i know we regularly schedule them on a saturday but i think if i
potentially have uh would love to see i i know that every time uh that we do this somehow i won't be able to but if there's a way to erase we do have loose material available first come
for services um it's actually a side of garvey ranch park so you wouldn't pick it up at our city
yard and um it is first come first so uh how regularly i guess refill or we monitor it uh
on an ongoing basis where right now i think we're doing weekly deliveries um to try to meet demand
okay and then uh my last question is um i know it's been a year um and i know that a lot of the
complaints that I got council member Wong said I think we were all very pleased by how the transition went went a lot better so thank you thank you for that survey residents just to kind of see where they're at and I think just moving forward just knowing where residents easily share that information with where we are aware of it so that we can know how to address you know and so would love to know that we've reached a one-year mark that we can send out to residents in terms of.
Actually, I have a bulky item question. I guess that seems to be the popular issue of tonight. Out of curiosity, MPK app, can they still like before just click on bulky item, make
a request, take a picture and then it will.
So that question, we do want to make sure that the performed on the proper procedures
on when to call and schedule and when to use.
If customers want to schedule a bulky item,
they should be contacting where disposal directly.
Where disposal will confirm with them a pickup date and so they know when to put the items out on the curb.
If it's an abandoned item that is, you know, residents can't report it to the city through GO-MPK app available,
city staff and where disposal will get notified. also would go ahead and pick up the items.
So the distinction is that they are encouraged to go through the of contacting.
Correct.
Being the Go and Pick App as a tool, especially when it comes to bulky item pickup,
is it still used vigorously? Yes, regularly. Good to know.
That's what we wanted to clarify. As we're explained and as Council Member Wong explained,
usual bulky item pickups approach illegal dumped items,
the abandoned items in the public right-of-ways in medians in front of a vacant lot in front of a
bus shelter those are the ones that um go and be case helpful for because then our sometimes it
takes dope and headwear uh pick it up on thank you for clarifying i have so many questions on
bulky items but um for our city manager but i know there's certain areas um in our uh larger items
so could arrange for I mean to try to and then you've probably started to notice probably particular areas Maybe that people will legally dump. I know there's one particular section in my there's always
that videos to explain might be helpful. What we do about the procedures around bulking campaign
to make sure that information gets out there. I think some areas have a tendency to be a hot spot
for bulky item drop-off area, or it's a convenient place. So understood, I think we're doing our best
to try to address those when we see them. Signage that we can put up, like citation might happen or something like that. I know there's a particular,
and I can talk to you more. My question, do you guys charge a fee for a bulky item pickup? No, we don't.
It's part of your overall bi-monthly service charge.
Okay, great, because I heard a rumor that it was like a dollar per call
or something, so that's not it. So it's a completely free charge. For a bulky item pickup, how soon can they schedule a day? Would it be the very next day or would it be a week later?
We just ask that they call us.
because we do have a lot fully booked or quite full. So we ask them at least 48 hours and then we can schedule it.
So two days. Got it. And a tour would be very educational.
So if we can schedule that, I think that'd be great. We have no problem doing that.
I can be your tour guide.
Great. All right.
And if we can continuously express what complaints our residents are facing And be a good idea too so residents can let you guys know what improvements can be made
Yeah, but thank you for being here today moving on to item 8 any old business
to or a consent calendar
Any written or public communications. Thank you
All right our first speaker is bill lamb
On item 9 J and we have a total of two speaker
Well it's just an item is not pulled from consent they would just be correct. Yes, so this would be for the end
I would like to pull item 9 G for a presentation from 9 G 9 G. Okay, so 9 K 9 G and 9 J
All right, is it on 9J? Yeah, I'll second. All right, let's vote.
They're approved unanimously.
You all can hear me, right?
Hello, I'm Bill, a long-time resident of Monterey Park. Before I could, well, I'll give you the end of the map.
that before I could speak on, I just want to express support on having free fairs on October 1st,
which is a clean air day. And so now I can talk about the first page.
So regarding my questions, my concerns, and my comments about the recent change.
So, Monterey Park, I have been living in that city since for a very long time.
Including Transit Express came into the city.
I tried out the service and it was okay and the ride was great during the free rides promotion period. When the $2 one-way fare began last year regarding affordability,
I would pay $2 for the $0.25. Just $0.25. You know, that cost of the Spirit Bus Fair. and I'm going to demand services that the Spirit Bus costs less than the on-
Can't we make both the Spirit Bus and the Transit Express match each other's fare with 25 cents instead of $2? That way both can be fair and equal when using both of those services. Look, I'm tap cards. How can I get around if there's people to use
even if the Transit Express doesn't honor tap cards? What about high demand issues and availability of the vehicles in one?
We may not be able to get one as a result on whether there are enough vehicles of when like Metro Micro a few years ago, for example. And I want to pause there. I did have a discussion with them several months ago, but I just want to let the people in the city to learn to know about this.
So Highlands and the area around Garvey Reservoir, because people including seniors and Highlands and Macy Intermediate really needed Spirit Bus Service to get around and were fast-stop even if they were unable to book a ride on the Transit Express or not enough Transit Express vehicles serving one area. Proposal to the Spirit Bus Service is to restore the bus service back to Brightwood. Regarding routes one and two, you should swap both of them so that route one could run on Garfield and Reagan between Mark Keppel and Elac, and two would only run on Atlantic, which includes the Brightwood.
Proposal regarding the Spirit Bus Service is to bring back route four because the service in the morning going from City Hall to Mark Keppel High School instead of current have Rosemey Walmart.
Why can't we have a Spirit Bus service?
And so my third proposal is adding a possible link if you want to take a look at it.
But lastly, if the transit, you should extend the Spirit Bus hours by matching the Transit Express ending time at 7.30 p.m. instead of 6.30 p.m.
So here are the maps in my comments. The language may be different since I also submitted a similar one to the Metro Service Council last Monday. And so I guess that's all for now.
So thank you.
Thank you. All right. Next speaker. Madam Mayor, I know we're receiving input on the transit spirit bus and all that.
So let's make sure we're including that. But I appreciate Bill and the public engaging in this. And I know there will be other opportunities as we look at bus and all things going forward to
Read a for more and more people in the city. Our next speaker may show you
Actually, um, madam lambs comments, uh, sean, I know this and mr. Lama. I I'm I'm a service council. I'm on the service. I'm at the last count metro council meeting
And I did bring them to our a lot of the changes that we made to our routes. Can you explain to us?
So we saw a decrease in ridership, and so that was part of the change to either restructure the routes or relimate routes. So I know the MPK Express services helped get people around. And so we're constantly looking at our routes, which routes are being used more, which routes are not being used, so that we're trying to service residents. I think after the pandemic, we did. so i appreciate a lot of the updates that we've been doing um and a couple times that i have i've
been the only person in there um so um you know since the pandemic we've seen a lot of wanting to
do um more mobile style um um you know transit uh than than public uh servicing everyone um and working looking at creative ways to do that i just wanted to make sure um that we address some of the
concerned. Absolutely. Yes, and we'll have some additional updates as part of one of the items
that we'll talk about. Yes, thank you. And that I mean, I'll talk about it later.
There's going to be free. I just wanted to say, because I know, but Bill, I'm probably sure
you already know that, but we'll be free. I'll be writing on Friday.
So we can just hold the questions, because we pulled the item for discussion.
So we can address a lot of Bill's comments after that. Hi, neighbors. It's Michelle. I hate to play dumb.
You want to play with to the public that no changes were made to the public comments?
Let me call it out. Agenda 2020 public participation. You may speak up to five minutes on each agenda item.
You may combine up to two minutes of minutes.
Today, the portion where you can delete it.
they lie a bit and say it's just five minutes still have to come up here and tell you to treat your neighbors you deserve out no more public comment so we'll go ahead and close public comment
um state manager do you want to address what michelle said madam mayor and members of the council so understood that um the question around public comment. So there was a resolution that was adopted.
Thank you for that clarification.
All right, so let's get a presentation on item 9G, view of capital improvement projects.
I'll give you an update on our notice of completions, for instance, and have all those full process completed. Send our notice of completion of the county. So these are all the projects we've completed for years because we do have our CGTS that we kind of had to delay a little.
Next slide, please. So this is our Praterra Grande signal improvement project and our Monterey Pass road overlay project.
So we added some signals at the locations of Praterra Grande.
So this is part of our improvement project along Praterra Grande.
So this is a partially completed project, but this portion of the project was completed, so that's why we filed an NOC for this one.
The Monterey Pass road is similar. We have a project on this section of road, and we overlaid this long term.
Next slide, please. Our Barnes Gym Flooring Replacement Project and our Langley restroom projects.
So there's also over here, obviously, with Barnes Gym. We did the bathrooms there.
Obviously, you can see we did the staff in person.
We're excited about the completion of these two projects. Also, do some improvements at Langley and at those restrooms.
We also have some additional funding left over where we did some additional improvements at Langley. So concrete improvements and curb ramp improvements. When we look at some of our street improvement projects, as part of that, we typically can do them in combination.
So as part of our project improvements, 18 of sidewalk replacement and 100 council on emergency, this is the completed project.
And then, as I mentioned earlier, we had our centralized groundwater treatment facility project, which you were there for the ribbon cutting. So this is officially off the books, so we're excited about it.
We'll take any questions. Carter.
But because I think it's really important to highlight, you look at the staff report,
when I looked at the staff report, noticed that most of these projects actually came in under budget.
So kudos, huge kudos to the public works team and everyone else that really was part of these efforts to get all these. But there's a lot more in the pipeline, so to speak, of public works projects that we're looking forward to.
I'm looking forward to getting complete this year and in the years to come.
and look forward to coming in under budget for as many of those as possible to public works projects.
But it's really encouraging to be able to report back to the community that are paying sales tax,
Measure M-P, which passed a few years ago, and property taxes and everything else. I feel like so many of the questions and even concerns I get are around just basic infrastructure, sidewalks, trash, not picked up, okay, I'm not picked up, but a lot of water, sewer issues just a city that's aging and infrastructure reinvest in the infrastructure there's still a lot more work to do but I keep getting questions I think it's important to do
more to tout one our accomplish how much we've done in terms of repaving street I mean especially
the infrastructure that is not visible and that these things cost a lot of money and take a lot of time and are really really critical we the community and our city and our residents don't
and unless they fail and it's in public works and the other departments as well to make sure that doesn't happen the failure doesn't happen it's it's a lot on your end and your businesses and on a daily basis right basic streets side all these things function trash can pick up uh that these things are working and they by and large relatively rare occurrences when they when something fails we hear about it and we have to deal with it uh but when we when we accomplish things like this, rebuilding infrastructure, getting these things done. I think these are worthy of promoting. And to the extent that makes sense, I don't need to turn the Cascades into an article on every single project, but I think at least a few of these products and highlighting the fact that, right, these get to where it is. But that's literally indrinkable for years to come. And that was a huge investment and worth promoting.
That's why we had the ribbon cutting, but also because a lot of people still don't realize
that that that happened and is working now that system is working now to support our ability to drink safe water here in mawri park and so if we can do more to promote some of these circle in the cascades and maybe push things because it would help help me to be able to just forward some of
this stuff to people when i literally i was at a launch with someone i think last week like oh i
drove this street was not repairs like well you how we're we're building up to get all of our streets for our water pipes and we're busy working it's not like people are
just sitting around tooling their thumbs not fixing things and so it'd be great to be able to point more of this out I'd love to point out all the great things
that the teams are doing so pull the time to make sure Sean you could highlight that but thank you and looking forward to tacking off taking off more of products that are on our very very long SIP list we've got over a hundred million dollars I think in projects in the next two years to build out including we talked about Garvey improvement projects and small public work coming years thank you if I could real quick just I'm here internally
obviously the support of council city manager allowing us to do these
projects for the community what I really want to highlight is is our GIS page did To CIPs where people can go in there. It's interactive. They can get updates They can see where these projects are at get to putting some additional information in the cascade the team was doing. Thank you Thanks, I do have another question. Sorry We are in the process of a sidewalk condition assessment right for the city Yes that we are planning on getting that completed by the end of October
Then we'll move into the actual process of how we hunt
Right and then we're working on a plan. We're kind of water master plan
Well, our master plan was recently completed the search and improvements and then we'll re-evaluate talked with the team today about looking at how
So we can do some additional internal assessments
So we're constantly working on things to evaluate systems the PMP the payment management plan that's actually completed
So we can you know share that with the public once we get everything. Yes there's a lot of
planning that goes into this and assessments and
We actually just talked internally about how we do that for a lot of our other facilities. So yes more to come
I appreciate that we're being able to be more per-in-cheek, but also kind of serious.
When you can explain to me why some of these projects have this much to do,
but it is what it is. We are the responsible bidder. I get it. But it's still crazy to me how expensive these things are and costs. And so the tax-paying public, that Sean can't just go to Home Depot, buy supplies, and just rebuild the bathroom at Barnes Park.
I don't have the time, but I don't have the skill set either.
State that we have to pay a certain wage to these individuals especially depending on date those requirements can step in We have different needed. There's a lot. There's a variety again feel like the product that the cost is Elevated but the reality is these are things to pay for and I will tell you that the team does the best they can to look at Alternatives on how again to your point most of these are under budget fantastic job on getting this work done
Comments, but I'm happy to make a motion when we're ready
Thank you, Sean. I also wanted to pull this item, and Council Member Wong beat me to it, but I just wanted to highlight, I know he's already mentioned a lot of the items that I was going to talk about, but went into the parks master plan and a lot of those projects that are coming. but also I would be remiss if I didn't share treasures here in the city it was done with a lot of the changes that we did with the parks my daughters really love going to the all of the work that you guys are doing so I know you're doing a lot of work in fact I was talking to
Ziat earlier about all of the projects that we have going on the rolodex of items that you have
and the emails that streams that you must have on your end in terms of making all this possible and your staff as well but thank you so much
the moving project that we you know source the you know complete streets
project down monterey pass road a lot of stuff coming down so looking forward to think our city's going to be completely transformed afterwards and lastly the capital teachers really thank me but i'm like no you have to think public works on the streets in that area uh so they were always very thankful
for that so just thought i'd mention it
I thank you. It is an expensive endeavor, and I'm sure we'll probably get concerned about, again, damage to our roads.
But I do know that I think that's probably one of the main issues that we often hear.
So I would just say, you know, if we can find a way to continue to improve, expand our repaving of our roads.
I think this item goes to show all the behind-the-scenes work that staff has been working on. And like my colleagues have stated, that these projects should be highlighted, whether some in the Cascades or maybe even some on socials, mostly upcoming events and flyers. but I think the community would appreciate projects have been completed.
So second it.
And I will, I will attest to council member Sanchez's daughter.
All right, let's vote.
Approved unanimously.
And with the city now almost coming up on eight years and I could attest that we've completed more projects in that timeline with the team that we have
currently. So I just want to take a moment to thank them.
It sometimes in public works, I know they do the work, And I think there's also struggles to be able to complete these projects.
So I are working really, really hard.
In community engagement, we will continue to move. Moving on to 9J. Can we get a report on transportation? I'm in city council.
Sean Igoe, public works director. I also have a social education program as a whole and hopefully answer any questions.
Our transportation services.
Back in November, this was following alongside our consultants.
to evaluate the efficiency of our Spirit Bus system. That pilot includes and also implementation trips in real time
of Monterey Park residents and visitors.
Implemented fares and fares are $2 per ride. One eligible seniors or that includes credit or debit cards via the app
or vouchers at the Langley scene. Insurance and elimination additional outreach that the city did. The changes included eliminating MPK Transit Express.
So Spirit Bus runs five. There are different can pay through cash.
Green shows ridership trends for both fixed route and on really declined.
We have seen a gradual increase for MPK Transit Express. Just some quick highlights for MPK Transit Express here in the city. We did our partners via through paid advertising. We also did social media posts. We've also tabled at different community information on our city website
for service here in Monterey Park. Because of cancellations, they are being requested during a lot of testing
to try to request a right to.
So I think what it's showing us is we have 9,000 people trying to use for those who wish to use the trend into effect,
back in August 7th hours to 7.30. We also expanded our coverage zone throughout the city to some additional locations or a larger perimeter
or a key point.
We do currently connect to all-state L.A. and then also down south. Overall, you have to be throughout the city, some areas more concentrated than others.
We do see high school, city hall here in the Civic Center and the library, the Marketplace Shopping Center, the South Atlantic Shopping Center. We have seen about 1% of riders return for a second, about half of all riders through
our service, and we have about nine rides per rider per month.
It went into effect in August 1st of this year. Throughout this pilot program, we will be monitoring key performance indicators, including
ridership, cost for services. They supplement.
The screen includes MPK Transit Express, meaning that riders can record according to the route that's there.
Part of the agenda item, distribute pamphlets and printed material on our community events. And free fare days like Clean Air Day, we hope that more people will use our services.
And we also have representatives from the...
Madam Mayor, may I? Okay, so two things.
The first one is a request. And then number two, I know that we were working on the transit route, including the spirit and time period that is and how much of the survey. We're getting close to what is that's elaborating that. And so we survey and we also did a survey specific survey responses and feedback that we receive and the recommendations to make these changes.
We have some survey capabilities through their app. They do it.
consultant to evaluate the entire more outreach and more the services as they are now and the changes that we've made. So what I'm hearing is based on
what we're moving forward. We need to collect data to so choose.
I just wanted to also mention that we had added that collects data
writers at different stops.
How many years? Two or three. It has also helped really focus in on just, you know, on which routes, but also locations, bus stop locations.
Date. Kind of whole kind of community transportation. When would that be ready?
Mostly likely sometime next year. So again, we saw via. So components of transportation. We want to make sure we evaluate to make sure we give all of our residents and visitors the best, you know. And just for more personal
How much is a ride for dial ride?
There's no cost for dial or specific to senior citizens and there is fees for that.
I think it was no cost. Collecting data. So as much as data, the data also keeps changing.
You know, where we're going to be for a long period. The fares. Just to confirm, a fares is a highly subsidized fare in terms of the costs of the program, right?
and I would just I know the speaker came up earlier from free to two dollars and the
that how it can be also right it's a similar service that uber or lyft or other rights are around town so it makes sense right in terms of but also want to provide a service and visitors
that is comparable but also preferred compared to for continuing to try to find that balance
if data over the next few months
changes and probably
significant changes to one if not all the provider here to enable to keep the service going while we're
evaluating and coming up with solutions
I don't know if we need to buy back obviously I'm sure you're already thinking about it and then dial right as well if we don't know if this is a capability for via or kind of all these services and integrate divative in terms of how we package these things together if we can leverage that for Lor
costs those potential options the council to time.
There we go.
Well, first of all, thanks for the report, and good to see that we're on our routes. Would love to see that, and if it makes sense to expand, and ridership is, you need to
expand or maybe add more,
and I know that some of them were, you know,
I also really like that we've added rides outside.
Walmart. Walmart, sorry, the Walmart. Wherever possible, if there's other city that might merit, that we might maybe a place in Alhambra, I don't know,
wherever it makes sense, without having to either walk.
and that's oh and and I also some motion for free rates. Thank you. Madam Mayor. Thank you. You know I full support of the MBK. You know what's important to remember is happen to the regional transit system. You know again you know I mean we know that Metro has been investing billions in light rail heavy rail subways as well as expanding and and and often public transportation here about that expression you know first and last mile and so
a year for folks to in downtown LA. I mean, I sometimes if I have tour local Chevrolet dealership,
it MPK express to then take me off the Elan station from down. And, you know, and I think it's important, you know, and I appreciate that, you know, because I mean, we know further north, we need to look at ways in which we really build a robust mobility system that takes advantage of all modes of transportation.
And I think there's an opportunity for us to see World Cup's coming. I know the Olympics want to take
public to solve all of those problems.
That's more of a metro question. But wherever possible, our city to get me to that next destination. Absolutely. And if I may, Mayor, Mayor, if I could bring VIA down to actually
talk a little bit.
Also, I'm based in Los Angeles. So service and how well we've seen the first few months go. Sean,
one I think that's a great point about the transit options throughout the
community I think I've been really excited about how we have also takes to move each passenger super proud of in terms of regional power their micro
transit service has happened Rosemead and Monterey Park and what colors ahead
I think they just launched their service so they want it we want to give it some time to get its wings and take off an opportunity to look into in the future
as well. To the council members points if there's anything else you want. We're constantly looking
at how we adapt our program through multiple transit options. Rosemead is they had a a series of per on the bus per hour and so they ended up going citywide to on demand as a way to
move more people throughout the city. I think you know not saying that is simply to use the right
mode for the right place and look at you know here's where it makes sense to run a bus because
here's where it makes sense to run on demand to collaborate with the city and see you know what
what the data we're seeing out of this pilot tells how do we prepare for some of those larger events
that are coming our way and whether it's the world cup or the olympics um definitely via utilize as much data as possible for now um to address some of the um additional time frames with the fair so
it's risen so much in the last few months and it's great that we can provide this service to a
red one but how has wait times demand has risen so our expected wait time is 15 minutes for minutes
and if there may be delays there but in terms of driver that we've still been within our expected time frames got it what is the average wait time like maximum is 15 minutes is the average around
shorter. And I know that we have discounted rates a dollar for seniors and ADA passengers. I know a lot of students so perhaps make what was your motion?
Moving on we'll go to I don't think we need a public hearing. We're moving 10A to October 1st of 2025. So we'll see any public comments for 10B. Yeah.
Okay, so 10B is determined pursuant to Monterey Municipal.
Are there any that require disclosure?
I'm here. I believe the council receives an email. I think we received it after 6 o'clock
We were in closed session already at the attorney for the
property owner all right, so there's no conflicts and we did after 6 p.m. for the record So pursuant to Monterey Park municipal code section 4.30 point one one zero
The city council person if such evidence bears on the city the city council is authorized without limitation any written on the subject property. If I am present evidence, this may include without limitations.
Formal rules of evidence exist on the property.
When it's done, City Council will allow public testimony. Each speaker may be called upon.
We'll deliberate the matter and determine whether. So let's proceed with city presentation.
Thank you, Madam Mayor and members of the Council.
Deputy City Attorney Joaquin Vasquez will be. especially the major streets, water, I mean, especially the infrastructure, right, underground, sewer, water pipes,
even the groundwater treatment facility. Most people don't understand. The community realized how important these things are until your job, right, our job as a city and your job as well, to make sure that doesn't happen, the failure doesn't happen.
And it's a lot of proactive work and a lot of teams ends to make sure that the services that all of our residents in blocks, water, sewer, are, and it's the rare in terms of the service delivery that we work on making sure that we can deal with these things as quickly as possible. under budget uh are worth highlighting um cgts took years to get really keeping our water
safe and we're a regional leader in getting that system online and certified to operate i think
that's worth that's super things i think that'd be great i think a few of these could be lumped
into an article out in the newsletter and other things on this street and whatever i would love to tell payment management plan we're getting on a schedule that paved on a certain schedule and
all these things which is a huge huge project and would love to see us get that done along with every other huge project that we have on tap in the coming years thank you a quick plug for the team obviously we have a great team our GIS page so we have a page dedicated but yes we hear you and what we'll look it's to highlight some of the great work the so we are moving forward on this
of a sidewalk condition assessment, right?
October, once the assessment is completed, manage those assessments.
On sewer, I think we have a sewer master plan we're holding off until we do some additional data system.
We're also just 100% finalized and verified, and we actually just talked internally about how we do that for a lot of our other...
Thank you. No, appreciate it. We're active on these infrastructure investments and reinvestments and basic things
that all of us depend on. I have a final question.
tongue particularly like restroom project costs I will I hope to understand that one day projects
and we take the Lost bit we're just another point to these things we can't just go to I cannot not only because but but no yes that a lot of that has to do with the cost of failing wage
we have requirements by the so where the funding is coming from if it's federal or
also um you know thank you for as council member wonk said down the pipeline this my daughters
really love our parks um they and i know a lot of residents and i think that's one of our we have a lot of treasures but that's definitely one of them um so appreciate all of the work that public
works at the village and not just your department but many other departments to make a lot of the
i just wanted to share that part um and a lot of it has to do with on so i can't imagine looking
forward to a lot of these other items coming to us and especially i know the garvey and some of us went to yesterday and of course every time i go to capo a lot uh for uh of the improvement
madam mayor again sean you know my uh capo improvement projects and but i agree with
the sentiments um and comments of my colleagues i think uh accomplishments are their tax dollars being spent but on my street um they were happy to see that years or even decades. Finally, and again, I know that especially if we get some rain
this evening or tomorrow, rehabilitation and arteries
in the city, I think that's an important priority that residents care about. I do believe media. I know social media right now is
educated if it shows
it's educational as well.
And with that... I think there was a motion out loving those swings in the park.
Madam Mayor, if I could just make a brief comment.
I probably feel like a thankless job because the expectations are high to continuously
with staffing that we've been able to do want to take a moment to thank the team. We have a lot of open projects
doing as quickly as we can, but Sean has done tremendous since he's joined
our team, so thank you.
Thank you again.
All right. Good evening, Admiral Mayor. Mayor Pon, our Public Works Manager, joining us. Tonight we're going to give you an update on our transportation and hopefully answer any questions that you may have.
So with that, I'll transfer it over to Sochi. Good evening, Mayor, Mayor Pro Tem, and members of the City Council. Sochi Tipon, Public Works Manager.
Like Sean mentioned, tonight we want to give an update to Council regarding last year's City Council approved a pilot program for transportation here in the city.
a study that the city completed.
It changes to our spirit bus route of a new service, an on-demand service, which we branded as MPK Transit Express.
City staff worked with VIA, who's the company who operates MPK Transit Express, and we were able to launch the program back in April of this year.
The service is an on-demand service, so riders can request. It operates during the week from 6.30 a.m. to 7.30 p.m.
Up until last week, the service was free of charge for all riders.
Last week, we had $1 for each additional rider and $1 per ride for riders with disabilities. There are different payment options to use MPK Transit Express when requesting trips over the phone.
We also sell cash near center for riders who do not wish to pay with electronic payments.
With Spirit Bus, we did have some route, restructural routes,
and so those changes went into effect on August 1st. They went in after MPK Transit Express to allow riders to adapt to the new service
and also following a bid for riders, typical riders,
to be informed of Spirit Bus changes and adapt to those changes as well.
A portion of Route 4, a segment of Route 3, and a portion of Route 5 as well. And so these segments would be serviced through.
Service hours did not change during the week, 6.30 a.m. to 6.30 p.m.
And fare also did not change.
It's $0.25 for Routes 1, 2, and 3, and $0.50 for route front payment methods, the TAP fare, or access ID card.
Part of this pilot program includes the city evaluating different key performance indicators, including ridership, the graph on the demand service.
So the blue section is Spirit Bus ridership, and the orange is MPK Transit Express, covering January of this year up until August of this year as well.
Ridership for Spirit Bus has graduated, although we didn't make changes into our routes restructure until this last month, which was August 1st. Since the implementation of on-demand service in April, use of the service overall, we do see a steady use of our transportation services in the city, both through Spirit Bus.
K transit express because it is a new service extensive outreach with for the start of the program meant that via did we had cascades articles events to share about the service and how to use this service we have and via also has a dedicated website for since the start of the program we have had a total of 9,000 ride request out of those 9,000 requests we have completed a little over 6,000 rides, which is about 67% of completed rides. Some of the rides that are not completed are no-shows or, you know, peak hours where maybe
a vehicle may not be available. Or at the start of the program, we did see how it works, and they would try a particular
destination, seaway time, and maybe not go through with it.
and says that there is interest in the service at some point,
and we are able to meet demand about 95% of the time
and able to complete rides that's provided to them.
Since the start of the program, we did do some service changes that went this year. Some of those changes did include extending the service at 1 p.m. Previously, they were at 6.30 p.m., similar to Spirit Bus. accommodate for some areas that we were receiving feedback. This includes around Markeppel High School. It does include the Walmart in Rosemead to the Metro link at Cal to the Metro E-line. You can see that there's actually a lot of travel to Markeppel and just different areas in our
community. Overall, 77 booking using VIA. Riders complete more than five bookings, which means that
we have frequent riders. People are coming back to the service. They're satisfied with their
experience. We have over 1,000 accounts created, 325 active riders, which means that they're
frequent riders they're taking months.
As mentioned, the Spirit Bus changes key destinations to further inform us regarding our transportation services and where the community wants to travel and how they want to travel.
Currently, both services complement each other in each other's coverage area.
the map shown on the larger service coverage area for west rides within anywhere within those zones.
And then you can see the fixed route services that follow the travel path.
Tonight also includes consideration of free fares for California Clean Air Day on October 1st. It's part of the city's efforts to continue to promote the use of public transportation.
like I mentioned we are continuously providing information through Cascades, social media
we have them available in our city facilities as well and so with
this concludes my presentation we are available for questions or comments we are here for any questions or comments. Thank you.
I'd like to request that we actually offer not just a day of free ride but maybe for the entire week to celebrate Clean Air Day we'll do a Clean Air Week
I like to put that in via for more than a few months and we took a bunch of surveys Can you kind of elaborate how much we took?
Because I think the correct route based on the surveys we took is my understanding
Why don't you guys elaborate on that? So we did complete community service surveys as part
does have some survey capabilities to collect additional feedback, but we're still working with our pilot program, so there will be community survey or collection of feedback to continue
to inform. We have till today.
There's enough input to basically drive the system we have now, and I understand you still
have some flexibility because as you get more ridership through the app survey, you can change part of that. That's correct.
Yes, we have more information is better for us, so we'll continue.
At this point, we'll come back and give another update on what more recommendations we may have for these fixed routes and other.
Thank you. That was my question. I'll make a motion if there's no other comments. Madam Mayor and members of the Council, technology to our spirit bus for on and off.
So that technology now is two years old.
And so that ridership numbers, but not only that are highly written.
So that technology has also driven some of the decisions that are being made as well
Thank you and thank you for the up along those lines is what councilman go was saying the when do we plan to?
Have package kind of the data on spirit bus ridership via ridership and all that All that data that we have in terms of what potential changes we want to make to our station program
And when do you when do you expect to have that back to council for potential recommendations?
We'll have six more months of this pilot program with after we collect that data, in addition to how we've made changes to the fixed route system, also looking at our dial-a-ride program, all those experience they can and get them place to place.
So sometime next year we'll have more data, we'll have additional survey data, and we'll be able to reevaluate and bring that to council.
Great. No, thank you. I don't know if you know this or you go to Robert, but dial-a-ride. Dial-a-ride is right.
but it's also for persons who have disabilities. There is the supplemental services for dial a taxi. I believe that fare is a dollar, if I'm not mistaken.
Is that right? A dollar. So the thing that as we're making adjustments and collecting data,
the MBK Transit Express, there is now a fare,
may change ridership. And so that's what we're also trying to evaluate through this process.
We keep collecting because we haven't established a time so all the information has been helpful But yes, we're still monitoring no appreciate that and I know
We have a one-year pilot with via right six months free and then six months firm and reiterate right even the two dollars
That's correct. Yes And I understand the challenge be an issue for for certain people by amazing
$2 subsidized fare is actually far cheaper than what it would be for equivalent kind of ride on rideshare
we're trying to find that spot that having a subsidy because this is not a free it's not it's not a service that we can and i think the city should absorb the complete cost of maybe that's
for the residents for profit kind of ride share companies um so appreciate that we're we need to at some point right i know we need to get we're gathering brought back to council for recommendations of how we globally kind of look at all of our transportation community transportation programs and I expect and would be surprised if we don't have recommendations to make change that we have in the city,
given some of the data we're going to have. If we need to extend, I know we're going month to month with the Spirit Post Office to have time to do that
or a similar thing to set up at some point with VIA for Transit Express.
If that's something that we need to, if there's a way to more broadly approach changing some of these things
and even integrating if we go out to bid again for a ride with microtransit via that currently provides.
If a single operator can do all of those things at a Lor price for all of these services,
we're integrating that into fixed route and all that stuff and look at be creative and opportunities that can provide more services.
Obviously, we should be looking at that and bring to consider down the line. I'm happy to second. I just have two quick items, Sean. Updating our routes, as I mentioned earlier, and to Council Member Wong's point and Council Member Go's point, wherever we see where we can expand or update, it looks like on demand there's a huge demand for it, right? So, you know, as we're looking at routes and as we're looking at our contract comes due, I know we currently have two, three cars in our fleet.
Yeah, we have two with an additional one, should we need one. Okay.
And so if it makes sense to add another additional car or however that works in terms of meeting demand,
because I mean, some of those cancellations in terms of the rides that weren't, you know, kind of flukes or whatever,
but some of them might have been people who were genuinely trying to get a ride,
but probably just couldn't wait that long or whatever the situation was, wherever that makes sense.
but I have a city to our metro stop light rail stop Cal State LA and you said the target in Rosemead is that correct in Rosemead so destinations that you feel outside of this I want to look at I don't know if like the Montebello town center we can expand that would be great I know I'm taking I'm planning to take the the via take a via right to the metro light
rail stop in in la so glad we can i can do that or um or get a uber and they were using our own
city um service for that so thank you sean for that and part uh council member goes into expand from one day to a week as well i just want to just echo sentiment that i am express program with via and i definitely would
support even expanding it because I've used it myself.
And I think that it's not just about providing public transit services to a resident, but it's also how do we allow residents to improve its bus services. And those of us who attend meetings about getting the idea of how do we make it easy to take advantage of the regional transit system.
And so I myself, because I work, I normally have the option of taking Metro Bus 70, but or every in the morning, like, for example, if I have had to drop off dry cleaning
or actually take my car to our, it's very helpful to have the end
to either a bus stop or to the Metro E-Line station, you know,
and then vice versa when I come home, being able to, when I get downtown,
then be able to catch an MPK Express to home and to think about, you know, again, how do we, it's not just about, you know, mobility locally, but mobility in the region to reduce air pollution and also to reduce congestion. They're also expanding services to Cal State LA because there's also a Metrolink station. And so, again, I am in full favor of even expanding even further. There is the A-line. I know it's really far north, but nonetheless, to be leaders in the region in promoting mobility choices.
if I can just say one more thing Sean and I know the
the picks are coming and I know a lot of people are going to transport and I know we can't
I mean when that time comes
I know a lot of residents like myself are going to be looking at ways to take public transport within our nation so I know the shuttling stuff like that especially on those types of
days we should already start thinking about those
have us talk about some potential options they could offer to us so I'll let the team come down
Hello, everyone. First, thank you all so much for having us here today. My name is Joe Martin.
I lead our partnerships team across the West Coast here with VIA. Really excited to be here today to kind of reflect on the transit. Just to talk about a few things that came up and feel free
to direct about looking holistically about how the service can more effectively connect people
to regional um we've looked with the team here and brought down the cost per ride the car um for
transit in the city or in our moving more people with the city's dollars so i think that's one
thing we're kind of collaboration we actually also work with the city of rosemead right next door um to us and their dialer ride service we launched that just in july of this past year and since that we've actually started some conversations with the city of rosemead to explore um what collaboration and transit looks like across both or what we could aim to set up in the year.
But that is definitely something we are actively discussing and I think could be. John, anything else you want me to touch on?
Hey, if you, yeah, it's really if you want to talk about expansion, I think to add.
But again, we're, we've been talking with Rosemee. We met with them yesterday to talk about expansions and things like that.
We're also trying to work with Alhambra, Montebello to see, again, how we can further connect the region.
And the other thing I'll note, just connecting Monterey Park to fixed route buses before switching to on-demand, that we're serving the one passenger, the right answer for Monterey Park.
What we want is a lot of people are taking this route.
So really excited to. We've also, sorry, Madam Mayor and members of the council, in our conversations with VIA, we chatted about.
I think all of that hopefully will come once we pilot long. We're excited as well.
Thank you. And I have a question about the wait time.
I think it's incredible how, you know, the man has it in.
It looks like it's very helpful for everyone.
Increased as the.
For all trip requests and we're still within that threshold. We don't typically exceed anything more than 15 minutes.
There's unavailable cards or that the trip cannot be accommodated because of the number of passengers, actual wait time when you're linked up with the driver,
that we've still been within our expected time frames. Got it. What, the maximum 15 minutes, or is it? 12. Yeah.
12 minutes, okay. Thank you. We're also taking via, seeing a discount for students as well, to a dollar.
Yeah.
All right, so I know we had a motion from Council Member Go.
As presented with the exception of expanding the one-day free ride to one week.
And then Council Member Juan seconded. All right, let's vote.
Approved unanimously.
Great.
Thank you for that presentation.
To our public hearing, let's open the public hearing.
Any public comments? For 10A?
Over 10A because we are moving that to... Okay.
So no public comments for 10A. And we'll go on to 10B.
...of whether a public nuisance exists at 795 West Garvey and consideration of potential abatement order
proposed par section 4.30.110. Madam Clerk was noticed of this public hearing
given in accordance with California law and the Monterey Park Municipal Code. Yes, Madam Mayor. Thank you. At this time, the public hearing is open. Conflicts or ex parte contacts?
There are several emails. I was not, so I have not been able to review the documents that were sent by, I believe,
so I don't know what's in there.
I don't know if our city attorney has been able to review any of that to be able to summarize
for us, but that's reporting out ex parte communication.
Get ex parte communications. This public hearing is a quasi-judicial
procedure conducted to accept reliable evidence from any issue of whether a public nuisance exists on the subject proper.
I should take testimony and is authorized to administer oaths. After receiving
evidence, including staff reports regarding the alleged nuisance, City Council will determine whether or not a public nuisance exists. Both the city
and property owner have the opportunity to testify regarding this matter. Evidence and witness
testimony, documents, or other similar evidence do not apply. Any evidence proffered, however,
must be relevant and material to the issues of whether a public news... Each party will be given
20 minutes to present their case. The city bears the burden of proof and will proceed first. It may reserve part of his time for rebuttal. The property owner will then present its
evidence. I may but I'm not required to provide additional time to either
party. After the parties will be provided three minutes for comment. Any interested persons in providing comment must complete a speaker card and
provide it to the city clerk. Those cards will be provided to me so that person
after a public comment the public hearing will be closed and the city Council whether a public nuisance exists on the property.
Presenting on behalf of the city.
Thank you, City Attorney Berger. Mayor, Mayor Pro Tem, City Council. We're here tonight pursuant to Wanoi Park and Municipal Code
Section 4.30.110
to determine whether a public nuisance exists at the property located at 795 West Garvey Avenue. As has been noted, the council is acting as the Administrating Hearing Officer for this matter. The evidence here will show that the story of this property
is of a broken record of broken promises. Since 2017, the owners have promised to finish construction and correct
longstanding code violations. Unfortunately, results have been consistent. Delays, expired permits, stalled work, and continued partial construction at one of the busiest intersections in the city, Atlantic and Garvey. Despite the city's repeated efforts, including meetings, notices, citations, generous extensions,
the property remains in a state of partial construction.
The unfinished building, in fact, and the lot continue to create conditions harmful to the community, including but not limited to graffiti, vandalism, dilapidated fencing, and accumulated trash and debris. The city has issued notices of violation and citations resulting in approximately 21,000 unpaid fines. Those enforcement efforts have been met with delay after delay, excuse after excuse, and no meaningful progress to finishing construction of the building. Tonight, the city will present testimony and exhibits demonstrating by a preponderance of the evidence that a public nuisance exists at 795 West Garvey Avenue.
At the conclusion of this hearing, we will respectfully request that you find a nuisance exists and approve the proposed order of abayment for the city to complete construction of the property under approved city plans to finally break the cycle of broken promises and restore this site to compliance.
regarding the proposed order I do want to note as was telegraphed in the staff report that was published it has been provided to the council and is also there are copies of the proposed order
that have been made publicly available now going to commence with the slide deck here and you see a visual the aforementioned busy intersection Atlantic and Garvey. We see this property here on the corner and we're going to take a trip back in time beginning in 2007 where the property was purchased by Edward and Howard Chan. The responsible parties here in May 2013 they submitted a designer of the application of the city for a 5,200 square foot retail space. In May 2015, design was approved after several revisions. September 2015, they submitted building plans to the city. July 2017, a building permit with low-impact development plans was approved after many revisions. Later that year in December, construction began with the demolition of a long-standing old gas station that had been on the property. By 2021, construction activity stalled on the property. Fast forward to September 2022, the first building permit expired due to inactivity. Early 2023, owner meetings with staff regarding construction commenced. February 2023, the second building permit was issued by the city, and the second lid design was approved. In May of 2023, the city attorney provided a notice regarding violations related to inactivity. In August of 2023, the second building permit expired due to inactivity. December of that year, the city attorney provided notice regarding property left in partial construction,
directed the owners to put a licensed general contractor in charge to complete construction,
and construction, the construction schedule from the building official related to that
was to finish by late June 2024, six months. That was the time frame. January 2024, third building permit issued by the city.
Owners identified a general contractor at that time. March 2024, there was a meeting between owners and city staff regarding construction, which promises of restarting in earnest immediately. Another promise there. July 2024, the third building permit expires due to inactivity. There's no work at the site. Summer 2024, third lid plans are submitted to Public Works. Sewer connection redesign with a sump pump is submitted to Public Works due to constructing a sewer main Lor than the service lateral. And October 2024, sewer connection plans are approved after revisions. due to expedited city review. January 2025, third-led plans were approved after several revisions. February 2025, owners request extension to the third building permit,
and it's immediately approved. May 21 of this year, there's a meeting with owners, contractors, city staff to identify remaining work, develop a timeline to finish, and how the city can facilitate completion. The owners and contractors agree that the remaining construction can be completed in six months. They agree that the lid, sewer, and construction work can all proceed independently, not mutually exclusive from one another. And the owners and contractor promise full crews on site working within two weeks, which would be June 3rd from that May 21st meeting of this year. June comes around. The owners order lid material from the supplier. The supplier, there's a capture tank in three to four weeks, and the rest within six to eight weeks of order placed. July 9th, trenches are dug for lid installation seven weeks after the meeting.
And July 22nd, the lid capture tank is delivered and finally installed that week.
September 2nd, the backfill around the tank is inspected and approved by the city.
One to two workers are intermittently moving soil with a shovel
rather than installing things according to protocols within one day with the backhoe. Currently, the trench is still open. Fabric and drain rock are in place.
There's no backfill or site restoration. Stockpiles remain.
The progress since September 2nd is minimal, so not substantial progress.
The current state, no work done with the building structure.
There's no work done with sewer connection.
The lid is still not complete.
And there's still six months to complete construction with proper diligence. The history of violations.
And actually, at this point, I would like to call Mayor and Mayor of the Tenman Council,
Code Enforcement Supervisor Ray Lozano as a witness.
while he's doing that I do want to note that the slide before you I want to note an error
a typo it is the Monterey Park Municipal Code section 4.30.060
E3 dash accumulation
that is a typo that is not applicable
here so please disregard that particular bullet Madam Mayor members of the council I do recommend that any
witnesses that are going to testify be placed under oath. The clerk is ready to put those individuals under oath. Yes, please proceed.
Thank you. Please state your name. Ray Lozano, Code Enforcement Supervisor.
Thank you, Ray. Do you, Somali, Suero, affirm that the evidence you are about
to give is the truth, the whole truth, and nothing but the truth.
Yes, I do. Thank you. Thank you.
Good evening, Supervisor Lozano.
Please say your name and your position with the City of Monterey Park.
Ray Lozano, Code Enforcement Supervisor for the Code of...
Director of the Code Enforcement Division. Director of Public Works. And how long have you worked with the city? I've been employed with the city since 2021. Director of Public Works. And since at that time, what was your position with the city? Code enforcement officer. Director of Public Works. And when did you become a supervisor? February of this year. Director of Public Works. What are your primary duties and responsibilities as Code Enforcement Supervisor? My primary responsibilities are to its individual.
that the city is identifying any violations of the Monterey Park Municipal Code and providing ample amount of time and working with the residents and business owners alike to ensure that substantial compliance is obtained primarily through voluntary compliance.
And if there's not voluntary compliance, what sort of tools does your department use to gain compliance?
Typically, we try to engage verbally and establish meetings, do one-on-one site visits. If that does not prevail, elevated enforcement actions are available to us, and that can include administrative citations.
And in your role, are you familiar with the city's procedures for enforcing the Monterey Park Municipal Code, including public nuisance provisions?
Yes, I am.
And how do you understand the history, the prior code history for a given property that may precede your time with the city?
Typically, any type of case begins with a records check on the property to see what permits and or plans may be affiliated with the property depending on the violation.
And are those records kept in the ordinary course of business? Yes.
and as part of your job do you enforce violations of the municipal code related to
building permits or building permits that are not acted on yes i do does that include checking
the status of permits and making sure people are working diligently pursuant to the permits yes
and do you rely on those records for purposes of issuing administrative citations or taking other enforcement action regarding the status of the permits? Yes. With regard to this property, 795 West Garvey Avenue are you familiar with this property? Yes. And sticking with building, have you reviewed city records regarding building permits for this property? Yes, I have. And on the prior slides concerning the building permit history, were you present for that presentation? Yes, I was. And did you also review the presentation for accuracy? Yes, I did. Would you say the building permit history is presented as accurate? Yes. From your observations, what is the current state of construction of the property?
The property remains in a partial state of construction at this time.
Now, looking at pivoting from building to code,
have you reviewed the code files on this property pursuant to the practice you described? Yes, I have.
And when did this property first come to your attention?
The property came to my attention in February of 2023 by way of an investigation of an illicit discharge at the property.
And where were the circumstances?
The property was an unmaintained construction site, did not have best management practice implemented, which contributed to the illicit discharge into the city storm during system.
And did that discharge constitute a violation in the municipal code?
Yes, it did.
And explain how the city tried to get voluntary compliance once the property came to code's attention.
Once we identified the violation, staff responded with a notice of violation. And in addition to that, we also provided ample amount of time to ensure that the property comes into compliance with the code.
And describe your further involvement with the case.
For example, how many times have you inspected the property during this enforcement period?
Throughout the years of this case existing, I have been at the property many times.
Could you give maybe a ballpark?
I'd say more than 30 times at this property.
And since this came to your attention, and it seems like voluntary compliance wasn't effective,
describe the enforcement efforts since it came to your attention.
Enforcement efforts included sending notices to the property, setting up meetings with the property owners, their staff, and city staff to ensure that we can collaborate together and come up with a reasonable solution to get them to voluntary compliance.
And were you present at the meetings described earlier with the property owners? Yes, I was. and have these conditions persisted despite repeated notices and opportunities to comply? Yes, they have. And if we look at the violations here on this slide, will you agree that these listed violations have been subject to the ongoing code enforcement efforts for your department? Yes, they are.
And I'm going to look at a photo of the posting. Are you familiar with this photograph? Yes, I am.
And this is a posting. Was this relative to noticing for the project?
Yes, this I posted this notice at the property.
Great.
And looking at these photos in 2023, what conditions here do you see that constitute code violations?
graffiti, partial state of construction at the property, dilapidated fencing, no best management practices related to the property, which contribute to the runoff and
illicit discharge, property maintenance violations as well. And 2024, what kind of
conditions here that may constitute violations? Primarily in these photos, it is specific to the
partial state of construction at the property. And is that consistent here in February, September
2024? Yes, but additionally there's some pooling water which does contribute to the illicit discharge as well as the lack of best management practices that are implemented. Additionally there's graffiti
at this property. And is that consistent as well in March through April 2025? Yes.
and what do you see here July 14 2025 and these photos provided I see dilapidated fencing and the
property remaining in a partial state of construction and are you are you familiar
with the origin of these photos yes I took the photos thank you and what do you see here
regarding violations relative to August 2025 the property still remains into and partial state of
construction. And finally, I'm sorry, for September 2nd. The property still remains in partial state of construction in addition to dilapidated fencing. And 2023 versus today, these comparison,
please describe what you see here. Both photos display partial states of construction.
Finally, if the council were to find that a public noosis exists at the property, would
that finding be consistent with your observation and your enforcement on the property?
Yes.
Thank you. That is all.
I will reserve the balance of my time for rebuttal. Thank you. Okay, thank you.
Then next we'll have the property owner presentation.
Actually, I would like to cross the ground with the owner.
Go ahead. Yes.
Can the attorney sit over there at the desk?
Oh, that would be lovely.
Thank you.
Honourable members of the City Council, Honorable Mayor. I'm Andrew Crastons. I represent Edward Chan, the Chan family, and Mr. Thomas Vong, the licensed general contractor who you may know already if you've ever been to NBC Seafood, which he built. It is an honor to be here today. It really is, and it's a pleasure. Believe it or not, it's a pleasure, even in a nuisance hearing, because my first job out of college was as the front page reporter for the Gardena Valley News and in those days, about 1986, there was a desk right there for small town reporter, the local reporter. And I learned to understand and appreciate city government and all its virtues, where it can go wrong, and the beauty of the entire system of it. And I just wanted to say that what I've seen tonight, I deeply, deeply admire the preparation of the various council members and the clarity with which you express your thoughts. And that is absolutely true. Now, you have today a different duty than merely deciding whether to investigate a toxic dump or things like that. You're in a quasi-judicial procedure. That means you're acting as judges. And you will need to examine the evidence fairly. This case has been litigated in the trial court for 17 months. So that's the record. there are two things we want to do I think the job that you have is not only to give a fair hearing but also to be alchemist to turn bitterness into sweet to resolve conflicts to turn noise into harmony and to solve problems in the manner that will do the greatest good and cause the least ill will So with that, let me cross-examine Mr. Lozano. Mr. Lozano, tell me about your daily routine, your typical daily routine as a code enforcement officer.
As a code enforcement officer, it's specific to conducting inspections, investigating complaints made from the public, and following up on the complaints, sending out notices, and conducting research related to our cases.
Well, your typical day, when you...
Do you have a route that you follow? I mean, do you ever go out just to find code enforcement,
code violations on your own, just to, you know, drive around and have a look?
Primarily, the division operates in a reactive manner. However, when time is allotted, we do conduct proactive investigations.
And would just driving down the street and seeing,
if you drive down the street and you see something that's obviously wrong,
would you go back and cite it? Say you're on your way to work and you see some sort of gross violation
and you get to work, would you go back and cite that?
Typically, the way that our division operates,
we try to make contact with the responsible parties first, try to conduct a conversation and figure out what is going on with the property.
But you definitely would contact the property owner.
It's an obvious violation. You'd contact the property owner, correct?
That's the standard procedure, yes. Yes, yes, yes.
May I have the two volumes, please?
Those two volumes, thank you.
Now, let's be fast about this if we can. I apologize for the big mess of binders you
got. It's full of legalese. You cited a list of public nuisances observed
on the property? Can you put that back up? It's in the staff report that you testified to. Let's go to remain in a state of partial construction.
going on, obviously going on, and it's permitted, is it still in a state of
partial construction? Can you repeat your question? Yes, I mean if there's ongoing construction at a construction site and
It's been approved. All the permits are improved. Is that still in a state of partial construction?
With relation to a code enforcement case that's active with the division, if there is, when we set up compliance dates that are agreed upon with the property owner after communicating with them effectively and there is no substantial compliance, then it remains in partial state of construction.
Okay.
Okay. We have a yellow pad. Here it is. Now you've listed those five code sections. How
How long from today, what's the last time you cited the chance for a violation of 4.3050G?
No, no, no, excuse me. I'm wrong. I meant H.
The last administrative citation was not provided this year, so it had to have been sometime
in 2024.
It had to refer to my case notes to get an accurate date.
2024.
Well, I'm going to represent to you, if you look in Exhibit 9, we go through all those
code sections, and in reality, there's been no citations at least since August 2024. None. Correct?
I don't have the case notes in front of me, so I can't speak to that at this time.
Okay. And I'll represent to you also that the same is true of all of the remaining citations.
because we asked very carefully and carefully worded questions
to the city of Monterey Park in the year and a half of litigation, which of those remained viable? And the answer was none.
So no violations of those code sections have taken place
since, at least since August of 2024. I'll represent to you that you can, the council, should it wish,
to slog through the legal gobbledygook.
It is Exhibit 8 and 9. I believe it's Exhibit 9. It is the second supplemental,
it is the objections and responses to the second request, the second set of special interrogatories. That should be number eight or nine.
And second set of special interrogatories.
Yes, that is nine.
It will take a while to review those.
And I would appreciate if you would. So I'm going to represent that that is the case. Now, let's go back again.
Now, when you see a code violation,
and it's obvious on your way to work or on your way home or just going out to lunch and you see it,
you contact the property owner.
That is the protocol, correct? It depends.
It depends on if there's availability for staff to respond to that violation that day.
Well, what if it's a gross one?
What if it's a great big one and you see it every day?
If it's a gross negligent violation, yes.
Staff will make contact with carcassers. What's your route to work? My route to work? Yes. It changes daily.
Okay.
Do you ever drive between Garvey and Atlantic?
During my work hours, yes.
Yes.
during my work hours. During your work hours.
And how many times have you,
say, from
September, from 2023 through the present, how many times have you driven
from Atlantic to, to Atlantic and Garvey to, say, the 10 freeway?
I'm not too sure I can provide that answer.
I don't know off the top of my head.
Is it a lot?
Potentially, yes. What? Potentially, yes.
Yes, well, not potentially. It is a lot, isn't it?
Yes. Okay, yeah.
Driving down that, did you ever have a look at the property contiguous to the Chan property, 220 North Atlantic? I'm familiar with that property, yes. Yes. and during the time, I believe there was a flurry of citations to the Chans in late 2023. Correct? Yes. Yes. Now, during that...
A series of fixed route buses before switching to on-demand that were serving the one passenger at a time, it's accurate that you could put on the bus per hour, and so they ended up going citywide to on-demand as a way to move more people throughout the city. I think, you know, not saying that is the right answer for Monterey Park. What we want is ultimately to use the right mode for the right place and look at, you know, here's where it makes sense to run a bus because a lot of people are taking this route.
To North Atlantic, 220 North Atlantic.
Here's where it makes sense to run on demand. So really excited to collaborate with the city and see, you know, what the data we're seeing out of this pilot tells.
We've also sorry madam mayor members of the council in our conversations with via they we chatted about How do we prepare for some of those larger events that are coming our way and?
whether it's the world cup or Correct for the Olympics
Definitely via is ready to help us to expand when we need to but again. We're trying to correct. Why? We'll utilize as much data as possible for now to address some of the more demand that we have. But VIA can provide additional vehicles.
There was no violations.
Additional time frames.
Not the property ever reported, nor were there.
And I think all of that hopefully will come once we pilot longer with the fare. So we're excited as well.
Thank you.
I have a question about the wait time. I think it's incredible how, you know, demand has risen so much in the last few months, and it's great that we can provide this service to a resident.
For any proactive inspections at residents, it looks like it's very helpful for everyone.
But how has wait times increased as the property?
So I'm sure that many...
Demand has risen.
So our expected wait time is 15 minutes.
for many members of the council for all trip requests,
and we're still within that threshold. We don't typically exceed anything more than 15 minutes. And if there's unavailable cards or that in the past year, two years, the trip cannot be accommodated because of the number of passengers. There may be delays there, but in terms of actual wait time when you're linked up with the driver, we've still been within our expected time frames.
Got it.
what is the average wait time? Like maximum is 15 minutes. Is the average around?
2023 have probably driven by the same. The maximum 15 minutes or is it shorter?
Yeah. 12 minutes. Okay. Thank you. And if they look to the left. And I know that we have
discounted rates, a dollar for seniors and ADA passengers. I know a lot of students are also taking via so perhaps making a discount for students as well to a dollar.
They will see. They saw.
All right. So I know we had a motion from Council Member Ngo. What was your motion?
As presented with the exception of expanding the one-day free ride to one week.
Because we have pictures, our gang expert, Mr.
And then Council Member Juan seconded.
All right, let's vote.
Approved unanimously.
Great. Thank you for that presentation.
Moving on, we'll go to our public hearing.
Let's open the public hearing. Any public comments for 10A?
I don't think we need a public hearing. Martin Flores will testify to that. We're 10A because we are moving that. Okay.
So no public comments for 10A, and we're moving 10A. to October 1st of 2025. So we'll go on to 10B.
Any public comments for 10B?
Yeah.
Okay, so 10B is determination of whether a public nuisance exists at 795 West Garvey
and consideration of potential abatement order
pursuant to Monterey Municipal Park section 4.30.110. Madam Clerk, was notice of this public hearing given in accordance with California law
and the Monterey Park Municipal Code?
Yes, Madam Mayor.
Thank you.
At this time, the public hearing is open.
Polls in the fence. There was a...
Are there any conflicts or ex parte contacts that require disclosure?
Sure.
Madam Mayor, I believe the council received an email or several emails.
I was not.
It was crack pavement weeds. I think we received it after six o'clock. We were in closed session already.
So I have not been able to review the documents that were sent by, I believe, the attorney for the property owner. So I don't know what's in there. I don't know if our city attorney has been able to review anything.
Everything, heavy equipment.
That to be able to summarize for us, but that's reporting out ex parte communication.
All right, so there's no conflicts, and we did get ex parte communications after 6 p.m., for the record.
So. Bulldozers.
This public hearing is a quasi-judicial procedure conducted pursuant to Monterey Park Municipal.
were left unattended and there were large
code section 4.30.110. The city council will accept reliable evidence from any person if such evidence bears on the issue of whether a public nuisance exists on the subject property. The city council is authorized
to take testimony and is authorized to administer oaths.
After receiving evidence including without limitation, any written
could easily go on staff reports regarding the alleged nuisance.
City Council will determine whether or not a public nuisance exists on the subject property.
Adventure gets stuck and become.
Both the city and property owner have the opportunity to testify and present evidence regarding this matter. Evidence may include without limitation witness testimony, documents, or other similar evidence. Formal rules of evidence do not apply.
Any evidence proffered, however, must be relevant and material to the issues of whether a public nuisance exists on the property.
Each party will be given 20 minutes to present their case. The city bears the burden of proof and will proceed first. It may reserve part of its time for rebuttal. The property owner will then present its evidence.
I may, but I'm not required to provide additional time to either party.
After the parties are done, City Council will allow public testimony.
Each speaker will be provided three minutes for comment.
Mr. Flores, do you have any photographs?
Any interested persons in providing comment must complete a speaker card and provided to the city clerk.
Those cards will be provided to me so that person may be called upon.
After public comment, the public hearing will be closed
and the city council will deliberate the matter
and determine whether a public nuisance exists on the property. So let's proceed with city presentation.
Thank you, Madam Mayor and members of the Council.
Deputy Secretary.
City Attorney Joaquin Vasquez will be presenting on behalf of the City. Thank you City Attorney. Berger. Mayor, Mayor Pro Tem, City Council. We're here tonight pursuant to Monterey Park and Municipal Code 7. You drove past 221. Section 4.30.110 to determine whether a public nuisance exists at the property located at 795 West Garvey Avenue. As has been noted, the council is acting as the administrative hearing officer for this matter.
In North Atlantic, and you didn't see any of it.
The evidence here will show that the story of this property is of a broken record of broken promises. Yes. Really? Since 2017, the owners have promised to finish construction and correct longstanding code violations. Unfortunately, results have been consistent. Delays. Now, expired permits, stalled work, and continued partial construction at one of the busiest intersections in the city, Atlantic and Garvey. Despite the city's repeated efforts, including meetings, the city has a very... Notices, citations, generous extensions. The property remains in a state of partial construction. The unfinished building, in fact, and the lot, continue to create...
Very fine...
conditions harmful to the community, including but not limited to graffiti, vandalism, sewer contractor, it's gerb, rapidated fencing, and accumulated trash and debris. The city's issued notices of violation, and its proprietors, and citations resulting in approximately 21,000 unpaid fines. but those in force has been met with delay after delay excuse after excuse and no meaningful progress to finishing construction of the building tonight the city will present testimony and exhibits demonstrating by a preponderance of the evidence that a public nuisance exists at 795 West Garvey Avenue at the conclusion of this hearing we will respectfully request that you find a nuisance exists
and you will see there's a declaration
to approve the proposed order of abayment for the city to complete construction of the property under approved city plans to finally break the cycle of broken promises and restore the site to compliance. Regarding the proposed order, I do want a declaration to note, as was telegraphed in the staff report that was published, It has been provided to the council and is also there are copies of the proposed order that have been made publicly available.
Now going to commence with the slide deck here and you see a visual.
the aforementioned
mentioned busy intersection Atlantic and Garvey.
We see this property here on the corner. And we're going to take a trip back in time
beginning in 2007 where the property was purchased by Edward and Howard.
The declaration is the responsible parties here
In May 2013, they submitted a design review application of the city for a 5,200 square foot retail space. In May 2015, design was approved after several revisions. September 2015, they submitted building plans to the city. July 2017, a building permit with low-impact development plans. was approved after many revisions. Later that year in December, construction began with the
demolition of a long-standing old gas station that had been on the property by 20-
that city staff-
21 construction activity stalled on the property. Fast forward to September 2022, the first building permit expired due to inactivity. Early 2023, owner- encouraged him to use with staff regarding construction commenced. February 2023, the second building permit used that lot to store pipes. It was issued by the city, and the second lid design was approved. In May of 2023, the city attorney provided heavy equipment, and that they gave him notice regarding violations related to inactivity. In August of 2023, the second building permit expired due to inactivity. Safety instructions or guidance. Over that year, the city attorney provided notice regarding property left in partial construction. Directed the owners to put license. And that he was not made aware of. A licensed general contractor in charge to complete construction. And construction, the construction schedule from the building official related to that was to finish. that this was in any violation by late June 2024, six months. That was the...
Of any municipal code.
That was the time frame. January 2024, third building permit issued by the city. Owners identified a general contractor at that time. March 2024, there was a meeting between owners and city staff regarding... So if you look at the photo... ...instruction, which promises of restarting in earnest immediately, another promise there July 2024 the third building permit expires due to inactivity there's no work at the site
photographs which you can see
summer 2024 third lid plans are submitted to Public Works sewer connection redesign with a sump pump is submitted to Public Works due to constructing sewer main
in the
Lor than the service lateral and October 2024 sewer connection plans were approved after revisions due to expedited city review January 2025 third-led plans were approved after several revisions
February 2025 owners request extension to the third building permit and it's immediately approved
May 21 of this year
there's a meeting with owners, contractors City staff to identify remaining work, develop a timeline to finish, and how the City can facilitate completion.
The owners and contractors agree that the remaining construction can be completed in six months.
They agree that the load sewer and construction work can all proceed independently, not mutually exclusive from one another. And the owners and contractor promise full crews on site, working within two weeks,
which would be June 3rd from that May 21st meeting of this year. June comes around.
The owners order lid material from the supplier.
The supplier, there's a capture tank in three to four weeks, and the rest within six to eight weeks of order placed.
July 9th, trenches are dug for lid installation seven weeks after the meeting.
July 22nd, the lid capture tank is delivered and finally installed that week. September 2nd, the backfill around the tank is inspected and improved by the city.
One to two workers are intermittently moving soil with a shovel rather than installing
things according to protocols. within one day with the backhoe. Currently the trench is still open. Fabric and drain rock are in place. And with there's no backfill or site restoration. Stockpiles remain. So there's no the progress since September 2nd is minimal. So not substantial progress. The current state, no work done with the building structure. There's no work done with sewer connection. We're supposed to bait stamp all those. The load is still not complete, and there's still six months to complete construction with proper diligence. The history of violations, and actually at this point I would like to call
Mayor and Mayor of the Tenman Council, Code Enforcement Supervisor Ray Lozano as a witness.
a big mess of it.
While he's doing that, I do want to note that the slide
that I will represent to you.
I want to note an error, a typo.
It is the MPC
Monterey Park Municipal Code Section 4.30.060 E3-AQ
in his declaration states that
That is a typo that is not at the city act affirmatively encouraged applicable here
So please disregard that particular bullet
madam mayor members of the council I do recommend that any witnesses that and That that are going to testify be placed under oath
The clerk is ready assisted long after the project for we put those individuals under oath
Which it was necessary yes, please proceed
Thank you. Please state your name.
Ray Lozano, code in for it.
Ceased.
Marshmant supervisor.
Thank you, Ray.
Do you, Somali Sawyer, or affirm that the evidence you are about to give is the truth, the whole truth, and nothing but the truth?
Yes, I do.
Thank you.
Thank you.
Good evening, Supervisor Lozano. Please say your name and your position.
You can understand the puzzle with the city of Monterey Park.
Ray Lozano, Code Enforcement Supervisor for the Code Enforcement.
And the resentment that might arise. Enforcement Division.
And how long have you worked with the city?
I've been employed with the city since 2021.
When the property. And since at that time, what was your position with the city?
The Chan property.
Code enforcement officer.
And is being cited every day.
When did you become a supervisor?
While the abominable... February of this year.
What are your primary duties and responsibilities as code enforcement supervisor?
My primary responsibilities are to ensure that the city is...
Conditions that the city...
identifying any violations of the Monterey Park Municipal Code
encouraged at the neighboring property
in providing ample amount of time in working with the resident property
were unsighted.
And business...
Because that property happened to...
Business owners alike to ensure that substantial compliance is obtained primarily through voluntary compliance.
And if there's not voluntary... Well, you... Compliance, what sort of tools
does your department use to gain compliance?
Typically, we try to engage verbally.
Useful for a particular project.
Establish meetings, do one-on-one, site visits. If that does not prevail, elevated enforcement actions are available to us, and that can include administrative citations.
And in your role, Are you familiar with the city's procedures for enforcing the Monterey Park Municipal Code, including public nuisance provisions?
Can you understand that?
Provisions? Yes, I am.
And how do you understand the history, the prior code history for a given property?
I hear what you're saying, yes. Yes. Good.
That may precede your time with the city. Typically. Good.
Any type of case begins with a records check on the property to see what permits and or plans may be affiliated with the property depending on the violation.
And are those records kept in the ordinary course of business? Yes.
And as part of your job, do you enforce violations of the municipal code related to
Building permits or building permits that are not acted on?
Yes, I do.
Does that include checking the status of permits and making sure people are working diligently pursuant to the permits? Yes.
And do you rely on those records for purposes of issues?
Yes, for Mr. Lozano.
Administrative citations or taking other enforcement action?
Lozano. Lozano, I apologize.
Regarding the status of the permits? Yes.
With regard to this property, 795 West Garvey Avenue, are you familiar with this property? Yes.
Thank you very much.
And sticking with building, have you reviewed city records regarding building permits for this property?
Yes, I have.
And on the prior slides concerning the building permit history, were you present for that presentation?
Yes, I was.
And did you also review the presentation for accuracy? Yes, I did. Would you say the building permit history is presented as accurate? Yes. From your first time at a city council speaker's observations, what is the current state of construction of the property?
The property remains in a partial state of construction at this time.
The property was an unmaintained construction site, did not have best management practice implemented, which contributed to the illicit discharge into the city storm engineering system.
And did that discharge constituted violation in the municipal code? Yes, it did.
And explain how the city tried to get voluntary compliance once the property came to code's attention.
Once we identified the violation, staff responded with a notice of violation.
And in addition to that, we also provided a hearing like this, where there's an acrimal amount of time to ensure that the property comes into compliance with the code. and describe your further involvement with the case for example how many in a year and a half how many times have you inspected the property during this enforcement period throughout the
years of this case existing i have been at the more of litigation property many times
could you give maybe a you're acting as alchemists a ballpark i'd say more than
30 times at this property. And since this came to your attention, and it seems like voluntary compliance wasn't effective, describe the enforcement efforts since it came to your
attention. Enforcement efforts included sending notices to the property, setting up meetings
with the property owners, their staff, and city staff to ensure that we can collaborate together
and come up with a reasonable solution to get them to voluntary compliance.
And were you present at the meetings described earlier with the property owners? Yes, I was.
And... Anywhere there's noise. And...
Had these conditions persisted despite repeated notices and opportunities to comply? Yes, they have. And if we look at the idea is to... Violations here on this slide. We agree that these listed violations have been subject to the ongoing code enforcement effort. Settle this thing as fast as... For your department? Yes, they are. And...
As it possibly can be done.
I'm going to look at a photo of the posting. Are you familiar with this photograph? Yes, I am.
And this is a posting, you will see the Mr. Chan.
Was this relative to noticing for the project?
Yes, I posted this notice at the property.
And his excellent contract. Great.
And looking at these photos in 23, Mr. Vaughn. 23, what conditions here are working?
Do you see that constitute code of violations?
Graffiti.
Very, very actively to get this thing done. Partial state of construction. Done.
We.
Construction at the property, dilapidated fencing, no best management practices related to the property, which contributed.
Provided you.
To the runoff and illicit discharge. Property maintenance violations as well.
and uh 2024 and mr uh campin for uh what kind of conditions here that may constitute violations
primarily in these photos it is specific to the partial remain uh partial state of construction
at the property this morning's and is that consistent here in february september 2024
days deposition or yes but additionally there's some pooling water which does contribute to the the illicit discharge, as well as the lack of best management practices that are implemented.
Additionally, there is graffiti with a contract at this property.
And is that consistent as well in March through April 2025? Yes.
Do you have it?
And what do you see here July 14, 2025?
In these photos provided, I see dilapidated fencing and the property remaining in a partial state of control.
And are you familiar with the origin of these photos?
Yes, I took the photos.
Thank you.
And what do you see here regarding violations relative to August 2025?
The property still remains in partial state of construction.
And finally, yes, we have the, I'm sorry, for September 2nd.
The property still remains in partial state of construction in addition to dilapidated fencing.
And 2023 versus today, this comparison, please describe what you see here.
Both photos display partial states of construction.
Please take a few minutes.
Finally, if the Council were to find that a public noosis exists at the property, would
that finding be consistent with your observation and your enforcement on the property?
To read it.
Property?
Yes.
Thank you. That is all.
A couple of moments. I will reserve the balance of my time for rebuttal. Thank you.
Read fast. I have a limited.
Okay. Thank you. Then next we'll have the property owner presentation.
Actually, I would like to cross-examination with the amount of time.
Go ahead. Yes.
The gist of that contract is...
While you're reading it. Two. Can you see it again?
Of course.
The Chan.
have in writing and in
public and before
oh
and miss
Honorable members of the City Council, Honorable Mayor,
I'm Andrew Crastons.
I represent Edward Chan, the Chan family,
and Mr. Thomas Vong, the licensed general contractor, who you may know already
if you've ever been to NBC Seafood,
which he built. Mr. Vong,
it is an honor to be here today. It really is, and it's a pleasure. Believe it or not, it's a pleasure. even in a nuisance hearing, because it was in the deposition. My first job out of college was as the front-page reporter for the Gardena Valley News, and in those days, about 1986, there was a desk right there, a bird, that was there for small-town report, the local reporter. And I learned to understand and to bring all control of this appreciate city government and all its virtues, where it can go wrong, and the beauty of the entire system of it. And I just wanted to say over this project that what I've seen tonight, all of the construction has been... I deeply, deeply admire the preparation of the various council members and the clarity consigned to Mr. Vong's clarity with which you express your thoughts. And that is absolutely true. Now, Mr. Vong's oversight and no... Now, you have today on anyone else that he has a different duty than merely deciding whether to investigate a toxic dump or things like that. You're in a quasi-judicial... be in charge of all procedure. That means you're acting as judges. And you will need to examine the evidence fairly. This case has been litigated in the trial court for 17 months. So that's of all construction of the record. Dealing with all the contractors, there are two things we want to do. I think the job that you have is not only to give a fair hearing, but also Also, to be alchemists and also dealing with the city staff, to turn bitterness into sweet, to resolve conflicts, to turn noise into harmony, and to solve problems in the manner that will do the greatest good and cause the least ill will. So with that, let me cross-examine Mr. Lozano. Mr. Luzano, tell me about Edward Chan and Howard Chan, your daily routine. Your typical daily will not participate other than the routine as a code enforcement officer. As a code enforcement officer. To ensure that things are. Officer, it's specific to. Paid for on time.
Do conducting inspections, investigating complaints made from the public. and following up on the complaints,
sending out notices,
and conducting research related to our cases.
Well, your typical day, and the chans also aver, when you...
Do you have a route that you follow? That they have fully...
I mean, do you ever go out just to find code?
That they have all enforcement code violations on your own
just to, you know, drive around and have a look?
Primarily, the division operates in a reactive manner.
However, when time is allotted, we do conduct proactive investigations.
And we're just driving down the street and seeing. And we're able to complete the project. If you drive down the street and you see something that's obviously wrong, we reject. That's what they aver.
You go back in sight. Let's say you're on your way to work and you see some sort of gross violation and you get to work.
Would you go back and cite that?
Typically, the way that our division operates, we try to make contact with the responsible parties first.
The proposal is a very, very...
Conductive conversation and figure out what is going on with the property.
But you definitely would.
you definitely would contact the property owner. If you see an obvious violation, you'd contact the property owner, correct?
That's the standard procedure, yes.
Yes, yes, yes. May I have limited volumes, please?
Those two volumes, thank you.
Now, let's be fast about this if we can.
There is no nuisance to that.
Apologize for the big mess of binders you got. It's full of legalese.
Property. There isn't.
But you cited a list of public nuisances observed on the property. Can you put that back up?
It's in the staff report that you testified to.
Let's go to remain in a state of partial construction.
How much construction activity do you propose that the city has to take place before it ceases to be in a state of partial construction?
Well, we definitely lean on our counterparts in the building.
Take two weeks.
not a money division. Typically, whenever a property remains in a partial state of construction, it leads to an inactive building permit, which then permits it to be expired.
So it could be a month, not a year, even though there's construction activity plaguing. I see.
I see. Okay. Fair enough. If there's construction activity...
construction site and it's been approved, all the permits are improved, is that still in a state of
partial construction? With relation to a code, whether it's in two weeks or a month or when enforcement case, that's active with the division. If there is, when we set up compliance dates that
are agreed upon with the property owner, whenever the earliest the Brown Act, after communicating
with them effectively, and there is no substantial commits, you can bring down the hammer,
compliance, then it becomes, it remains in partial state of construction.
Okay.
We have a hearing, but we do...
Oh, my.
The other one. Where did that go?
Request that the city...
I have a yellow pad.
At least.
Here it is.
Now, you've listed those five code sections. How long from today
take this opportunity?
What's the last time you cited to eliminate a chance for a violation of 4.30.050
G. No, no, no, excuse me. I'm wrong. I meant H.
Something that will necessarily...
The last administrative citation was not provided...
...necessarily out of an ethical duty...
...this year, so it had to have been some time...
Generate more litigation.
In 2024, I'd have to refer to my case notes to get an accurate date.
2024.
Well, I'm going to represent to you. And with that, if you look in Exhibit 9, I thank you.
We go through all those code sections, and in reality, there's been no citations at least since August 2024. None. Are there any questions for me? Correct?
I don't have the case notes in front of me, so I can't speak to that at this time.
Okay. And I'll represent to you also that the same is true of all the remaining...
I will be happy to answer them and as citations, because we asked very carefully...
will Mr. Chan himself, in carefully worded questions to the city of Monterey Park in the year and a half of litigation,
which of those remained viable? And as will, the answer was none.
So, Mr. Vong, and as will, no violations of the code, those code sections have taken place since,
at least since August of 2024. I'll represent to you that you can, the council, should it wish,
to slog through the legal gobbledygook. It is Exhibit 8 and 9. Mr. Martin Flores. I believe it's Exhibit 9. It is the second supplemental, it is the objections and responses to the second request
Thank you very much. ...request
to the second set of special interrogatories. That should be number 8 or 9. And... Second set of special interrogatories.
Yes. That is...
I have a couple questions.
If we can ask...
It will take a while to review those.
And I would appreciate if you would. So I'm going to represent that that is the case. Now let's go back again. Let's go back.
Public speakers.
Now, when you see a code violation, and it's obvious on your way to work or on your way home or just going out to lunch and you see it, you contact the property owner. That is the protocol, correct? It depends.
It depends on if there's availability for staff to respond to that violation that day.
Well, what if it's a gross one? It could take follow-up.
What if it's a great big one and you see it every day?
If it's a gross negligent violation, yes.
Okay. Staff will make contact with car. What's your route to work? My route to work? Yes. It changes daily. Okay.
I'm sorry, who has the question?
Do you ever...
Oh, no, I think there's a public speaker in some...
...drive between Garvey and Atlantic?
During my work hours, yes. Yes. During my work hours.
During your work hours.
And how many times have you, say, from public testimony, September, from 2023 through the present,
how many times have you driven from Atlantic and Garvey to, say, the 10 freeway?
I'm not too sure I can provide that answer.
I don't know off the top of my head. Is it a lot? Potentially, yes. What? Potentially, yes.
Yes. Well, not potentially. It is a lot, isn't it?
Yes. Okay. Yeah.
Driving down that, did you ever have a look at the property contiguous to the Chan property? 220 North Atlantic.
I'm familiar with that property. Yes. And during the time, I believe there was a flurry of citations to the Chans in late 2023. Correct?
Correct?
Yes. Yes.
Now, during that time, it's accurate that you gave no citations to 220 North Atlantic.
Correct.
Correct. Why?
There was no violations at the property ever reported, nor were there any proactive inspections at that property.
So I'm sure that many members of the council in the past year, two years, since 2023, have probably driven by the same place.
And if they look to the left, they will see, they saw, because we have pictures, our gang expert, Mr. Martin Flores, will testify to that. I'm willing to share time with her. What's that?
That, to the contrary, there were big holes in the fence. There was crack pavement, weeds, everything, heavy equipment, bulldozers.
Are you willing to share your time with her?
Were left unattended, and there were large stacks of pipes into which children could easily go on an adventure, get stuck, and become... I don't know who that is.
Very, very injured. You didn't see any of that? I do not recall.
I don't recall what you're referring to.
You don't. Mr. Flores, do you have any photographs? Thank you.
Could you bring them? She rep- You really don't recall?
Your honor represents the other family members.
The under oath can say that you drove past 220 North Atlantic and you didn't see any of it. Yes. Really?
Now, the city has a very, very fine sewer contractor. It's Gerbcon, and its proprietor is an excellent man, a very honest man named Christian Gerbach.
And you will see there's a declaration. What number is the Gerbcon, the Gerbvac family trust,
and Raymond's declaration?
Chan, trustee of Chan Family.
Well, I'm not willing to share my time.
The declaration is...
Seven. Number seven. Now, Mr. Gerbevac provided a sworn declaration that the city staff encouraged him to use that lot to store pipes and heavy equipment and that they gave him no safety instructions or guidance and that he was not made aware that this was in any violation of any municipal code.
Mr. Cranston has 54 minutes.
So if you look at the photographs, which you can see...
I'm in 54 seconds.
In the... Beverly, can you assist me, please? the the 54 seconds what is the Flores declaration well I hope that the City Council
number four will consider or you will see I apologize and FedEx will catch it for me
from me in the morning but they were now you're obligated to give a fair and They were supposed to bait stamp all those, so there's page numbers, but they did not, and they made a big mess of it.
But I will represent to you, Mr. Gerb, full hearing with a full record.
In his declaration states that the City Act affirmatively encouraged that,
and that that persisted long after the project for which it was necessary ceased.
and in some cases you can understand the puzzlement and the resentment that might arise when the property the Chan property
is being cited every day as it can be done under these circumstances
while the abominable conditions that the city encouraged at the neighboring property were unsighted
in others
because that property happened to be useful for a particular project.
Can you understand that? I hear what you're saying, yes. Yes, good, good.
Thank you, Mr. The city itself has initiated Mr. Flores.
Excuse me, Mr. Flores, Mr. Lozano, I apologize. Thank you very much.
...that's gone off
on for 17 months.
My first time at a city council speaker's podium.
I used to sit over there and take notes.
As I said, and then withdrawn the lawsuit, the city council, this time in a hearing like this, where there's been acrimony in a year and a half
because of more of litigation, you're acting as alchemists because of several adverse rulings. You must make bittersweet, and then Atemka try to bring harmony where there's noise. And the idea is to settle this thing as fast as it possibly can be done. You will see that Mr. Chan and his excellent contract circuit that whole procedure. Mr. Vaughn are working where you get 20 minutes very, very actively to get this thing done. We provided you to make a case and Mr. Campen that under these circumstances this morning's day's deposition with a contract. Do you have it?
is... Yes, we have it.
Please take a few minutes, potentially, to read it. A couple of moments to read it. Even more litigation.
Even more... Read fast, I have a limited amount of time. You know...
litigation. So all that we ask, the gist of that contract is, while you're reading it,
the chance is not have in writing and in public and before
and Mr. a year, Ho-Long has in the deposition averred that
all control over this project. All of the construction has been consigned to Mr. Vong. Oh, we're not promising.
This is Mr. Vong's oversight and no one else that he will be in charge of all.
This is very, very certain of all construction, dealing with all the contractors and also dealing with the city staff. Edward Chan and Howard Chan will not participate.
let me ask you a limited one to consider
there is no nuisance of that property. There isn't, but
you propose that the city
take two weeks, not a month, not a year,
tabling this matter for two weeks
to monitor
the progress of this property.
Your time is up. Thank you.
And then, whether it's in two weeks or a month or whenever the earliest the Brown Act commits, you can bring down the hammer.
All right. Any questions? With a hearing.
But we do request that the city at least take this opportunity to eliminate something that will necessarily, necessarily out of an ethical duty, generate more litigation.
For the property owner.
And with that, I thank you. If there are any questions for me, I will be happy to answer them.
And as will...
Actually, I think will Mr. Chan himself, as will the other...
Mr. Vong, and as will Mr. Martin Flores. Thank you very much.
Can we ask questions?
I have a couple of questions, if we can ask.
Oh, who's speaking? Oh.
Attorney is representing the other members of public speakers.
The family. I guess there's the time.
I'm sorry. Who has the question?
Oh, no. I think there's a public speaker.
Oh, I think it's public testimony.
A lot it is what?
Madam Mayor, members.
Reserve my time, please.
Are you willing to share your time with her?
There's equal amount of time if you will.
I don't know who that is.
No.
She represents the other family members.
members representing Raymond and Cindy Chan trustees of Chan Family Trust and Raymond Chan trustee of Chan Family Living Trust.
I'm not willing to share my time how much time have I got left?
Mr. Creston has 54 minutes.
Not particularly against property.
I have 54 seconds left. 54 seconds.
Well I hope that the City Council will consider owners so it involves
Now, you're obligated to give a fair and full hearing with a full record.
And in some cases, it can be done under these circumstances.
In others, after the question before the council is whether or not...
The city itself has initiated litigation that's gone on for 17 months.
Nuisance exists on the property. And then withdrawn the lawsuit because of several adverse rulings. and then attempted to short-circuit that whole procedure.
So, based upon our understanding...
Where you get 20 minutes to make a case, that under these circumstances is potentially even more litigation.
Even more... Mr. Crassons was the one... Litigation.
So all that we ask is not a year.
Oh, we're not promising. This is very, very certain, very, very certainly worded.
Representing these two property materials.
So with that, let me ask you to consider tabling this matter for two weeks.
Mr. Crastin, your time is up. Thank you.
Property owners, but it is part of a family.
All right. Any questions for the property owner?
Trust, and there are other property.
Actually, I think the other
Attorney is representing the other members of the family.
I guess the time allotted is what?
Madam Mayor, members of the council, you can certainly give the other property owners. The mayor can certainly give either 20 members an equal amount of time if you wish. This is against the property itself, not particularly against property owners. So it involves the property and the communists or whatever is necessary for the question before the council is whether or not a nuisance exists on the property. So, based upon our understanding, Mr. Crassons was the one additional for the other attorney to representing these two property owners, but it is part of a family trust, and there are other property to speak to it.
The owner is involved in abundance of fairness. The mayor can certainly give either 20 minutes
or whatever is necessary for the additional, for the other attorney to... If I may clarify, the property actually... Mr. Crassons, speak to it. If I may clarify, the property actually is not in the crust.
Mr. Crass, you're out of order. Your time is done. It's not.
I would like to hear what the other property owners would like to say.
I don't know if there's 20 minutes.
If we let her speak during public testimony, she can have three minutes.
Just a clarifying question.
That's good enough? Okay.
Before we go to the speaker, who are the property owners?
Who are the owners of the property that are subject to our action today?
Mr. Vasquez can come up, and I don't know how much more time he has.
You want these?
The city has three minutes and 25 seconds. Okay, so let's hear the city rebuttal with the remaining three minutes,
and then we'll open it up for public testimony.
Great. For a surrebuttal, I'm going to again call our code enforcement supervisor.
And while he's getting to the podium, I'm going to note the theme of broken record, broken promises, these diversion tactics distracting from the property in question, 795 West Garvey, and the violations that are on the property. Speaking of which, we heard citation, is that governed in Code Section 4.20, administrative citations? Is that correct? It's in Chapter 4, yes. And for nuisance, that's a different chapter? Nuisance is included in Chapter 4.
Are those different approaches, citation versus a nuisance hearing to enforce on code violations?
Yes.
And looking at the violations listed here, as of today, which violations are still present? All violations still exist at the property except graffiti. There is some minor overgrown vegetation, but it doesn't rise to the level that we would cite.
Because it is an active construction site, we try to give a little bit of leeway, and I would say the unpermitted runoff into the city storm drain system is not a violation at this time. Thank you.
We can dismiss the supervisor. I do with the balance of my time. I want to call Assistant City Attorney Campin.
Mr. Campin? Madam Kirk is going to swear you in. Do you saw me swear or affirm that the evidence you are about to give is the truth, the whole truth, and nothing but the truth?
I do. Thank you.
Madam Mayor, Mayor Pro Tem, City Council Members, good evening.
My name is Tim Camp and I'm the Assistant City Attorney for Monterey Park.
I've been with the city for over six years, doing code enforcement for the city that entire time. To answer Council Member Wong's question about ownership, the property is owned by the Chan family in different percentages, by the matriarch and patriarch who are now deceased, and their trust and estates have portions of it.
The responsible parties, Edward and Howard Chan,
who have been involved and spearheading the development the entire time, are owners as well as their two siblings.
But we are really focused on the property and whether it's in a state of public nuisance,
but identifying Howard and Edward Chan as the responsible parties for purposes of this proceeding.
I will make this brief.
There have been a bit of talk about pleadings and so forth. You have binders to those pleadings.
While that is, I would consider to be wholly irrelevant to this determination that you're making today, I would like to, as part of the rebuttal, submit just these are Edward Chan's responses to special interrogatories set to. They speak for themselves as to the nature of the litigation and delay tactics that have been going on. I'm not going to go into detail, but I want to make sure that these documents are part of the public record. I'm going to hand it over to Madam Clerk at this time.
All right. Thank you. Time is up. So we'll go ahead and the parties have concluded their presentations. I have one speaker card. Are there any more speaker cards?
All right. So we'll have one speaker card. Taylor Stephen as the first speaker. Mr. Campen. Mr. Crasnens, you have not been recognized to do anything at the moment I was going to cross-examine Mr. Campen
Your presentation is done unless the mayor gives you additional time
Mr. Mayor, Madam Mayor, Honorable Mayor, that's the proper term
Can you give me additional time to cross-examine Mr. Campen?
I think each side already has had 20 minutes
Yeah, that's sufficient So that means under these procedures, I'm not alLod to cross-examine Mr. Campbell's witness.
Is that accurate?
Mr. Crastons, you were given 20 minutes.
You were aware of what that was done at the beginning of the hearing. I just want to make sure that it's accurate that under the circumstances...
You were able to bring up any witnesses you wished, and you did not. You brought up, you cross-examined one witness.
Now we're done.
I thought that it was very clear what was said was that you would hear from Mr. Campbell. Madam Mayor, may I suggest you continue on with the public testimony.
Ms. Stephen, you may have three minutes to speak during public testimony.
Good evening, everyone, and thank you.
I will make this very brief. I represent two of the owners, Raymond and Sydney Chan, trustees of the Chan Family Trust,
and also Raymond as trustee of the Chan Family Living Trust.
I understand today's hearing is to determine whether public nuisance exists and I can't really give much insight on the current status of the construction or the property as my clients have not really been involved in that. But I want to briefly bring up and request that regardless of how the city council makes the nuisance determination, we want to request that the city not assert any claims or impose any liability on my clients. Yes, they are partial owners, but California law is very clear that property ownership alone does not create public nuisance liability.
For example, in People v. Superior Court, 81 Cal Reporter, 555, the court explicitly said ownership of land upon which a public nuisance is maintained does not of itself make the owner an indispensable party. In another case, People vs. ConAgra Grocery Products Co. 17 Cal App 5th 51, the court stated liability requires a defendant created or assisted in the creation of the nuisance. My clients were not the cause of any alleged nuisance at the property. They've had zero involvement in the construction activities.
They've never been advised of or consulted on construction decisions at the property.
Prior to the civil action that the city brought, my clients were unaware of any violation notices, any citations, any fees that were administered.
Although some of the notices had my clients, it was addressed to them. Oh, it's still going. although it was addressed to my clients they never received it as the address
was an incorrect address in the prior in the civil action the we issued some
discovery requests and in those discovery requests we sent to Edward and Howard Chan they admitted multiple times that my clients had had zero involvement
whatsoever in the construction in the property they have not been informed of decisions and based off of that we want to make clear and we want to request that the city does not impose any liability on my clients as they have not been involved and have not been the cause of the alleged nuisance and with that I want to introduce into evidence some of their responses from the discovery.
Monterey Park. Thank you. Thank you. While we're reviewing the document that Ms. Steven provided, are there any questions?
for any of the parties.
I have questions, and I'll start with Joaquin first, and then I guess if you can't answer, maybe the other party can answer. So I'm trying to understand here the total square footage of this retail building, what was seven leaves,
is how big again?
It should be in the first slide.
I just missed it because it was going so fast.
5,200 square feet retail building.
Yes. Okay.
So based on my guess, that's a six-month project at most. Three months for construction and maybe three months for TI at the most. And this project's been around for how many months now? since 2000, building permit was 2017. Construction begins in 2017. I'll say 2018. It went through COVID. And then building permits issued three different building permits
because they expired.
And we're still not done. So my question is to, I don't know if Mr. Chan's here, but maybe Andrew can answer. Mr. Chan, what's the holdup? Why so long? I mean, I take away the 17 months that it was under litigation and nothing could be done, but construction, what's the premise here?
Well, one of the problems is the state requirement.
Excuse me a second.
Madam Clerk is going to put you under oath.
Do you solemnly swear or affirm that the evidence you're about to give is the truth, the whole truth, and nothing but the truth?
Yes.
One of the issues is with this property.
One of the issues with the property is that the state required this LID system. Now, what's kind of weird about the system that was put on this property, and I can't explain why, is it's rather large, and I've had a lot of troubles with contractors shying away from the job. I mean, if you look at the size of the current chamber that's in there now, the thing is about 40 feet long. And when you consider that the whole building is only about 100 feet, it's kind of odd to have a water system that's large enough that's a swimming pool size.
There's probably 10,000 gallons that goes in there for a property that you're trying to say is only 5,200 square feet. So it's kind of a little odd, this whole system.
And I've had a lot of people shy away from it because of the depth of the, initially the depth of the system. They were requiring like chambers that are 15 feet deep at some points.
Most of the, and it's just, I just think it was kind of a little odd. So I had multiple contractors kind of shy away from building this thing. So that's why we consulted with Santa Fe system of trying to do a more reasonable container.
So this parcel, I'm going to call it out parcel because it's part of the entire parcel that's behind the 99 Ranch. That's not the same ownership?
Nope. It's just this parcel?
Just this parcel.
It's a parcel of maybe what you say, I think it's 60,000 square foot maybe.
So can you go up to the map real quick? So 60,000 square feet parcel, 5,200 square feet building.
It's basically where you see the dirt edges.
That's the parcel.
What is the status of any tenancy there? Because I remember seeing seven leaves and then seven leaves for here, here for reels.
They're still on.
They are still on board.
They're still on board. Okay.
And I'm assuming that if you're saying they're still on board, I'm assuming that you have multiple extensions. Because if this was going back to 2017, I'm thinking delivery is 2010.
The city represented 2017 as incorrect. We did not start building until late 2018.
2018, okay.
I mean, they misrepresented. And also, I would like to say the city also misrepresented construction
because currently we're doing the sidewalks on the property right now,
and they're saying there's nothing happening on the property right now.
So I'm just kind of a little guess of how the city attorney is misrepresenting things.
So you're doing sidewalks, which is basically the final phase of the project when the inside, I mean, I drive by all the time, too, because it's on my way to the freeway. The inside looks the same for the last three and a half years. The TI is not being built up.
Are you doing the sidewalks? We're trying to get the hard state done on the outside, and at the current moment we're
trying to backfill it in, but the way the system to backfill in is we had to do it slowly
because of the fibers that have to wrap the chambers.
As Lozano said, it should have been done with a backfill in one day.
that would have might have damaged the plastic containers that are inside the
floor so I mean there's more to it than whatever mr. Lozano has represented
another question are there any lien issues here or this is funded strictly
from cash in terms of the construction it's from cash some cash okay what was
What's the total construction budget on this?
Initially, probably about a million.
A million? And this is owner-builder? No contractor involved?
No, there was contractors involved.
Contractor involved, a million-dollar contract, and no liens, so no loans. In terms of, from a budgeting standpoint, where are you on the construction dollar?
What's been funded?
What's left in the budget?
well i mean we're just looking to finish it as far as what i'm estimating is left
maybe half a million uh left to be done i'm just that's just a number i'm throwing out right now
okay so so which tells me you've only paid half into the project if it's a million dollar project
well it's probably we actually completed a lot in already i mean i'm saying a half million
because prices are changing today so what you're telling me is you the project cost was a million
dollars you put in the time and at the time and it could have been a lot more which i don't know yeah but you're saying I'm trying to figure out how much money you've actually spent to date if you had a construction contract that's what I'm looking for how much have you spent today what you're telling me is the inverse of that which is what you're telling me from my summary is I can't
give the number exact right now I mean I will probably say we probably have six
hundred thousand seven hundred thousand in right now it's just a yes and you're
still 500,000 short from being completion.
Estimates. I mean, yeah. Estimate.
Okay. Or you just made that statement earlier. That's why I'm trying to figure it out.
So I'm just beside myself here because I come from a construction background and projects like this don't take more than a year. They don't take more than six months. and I can't imagine why you're this lid I know it's a problem you explained it we've seen it you've gotten permits three times I think the building codes has changed because
times have changed why it's taking so long and literally
every week we're getting calls from the community asking this is a nuisance. This is a nuisance. It looks ugly. Why aren't you doing something? This is a great corner for the city. Why isn't the city doing something? Why isn't city council doing something to get this project done? Our position has always been we don't own the project. It's owned by a private owner who's building it. We can't build what Seven Leaves want. In fact, I had to ask you if Seven Leaves is still there because that's not our contract. That's your contract with Seven Leaves. We need to understand why is it so long? It's like it's a timing issue with the LID, which is the sewer system, the pump, is what I just heard.
What about Seven Leaves getting involved in this? Have they offered to help with the project?
They have talked about, you know, just providing with some help as far as, you know, providing some vendors and things of that nature.
So you said that the cost of this lid was very expensive and very specialized.
What was the cost to get this done based on the quotes that you heard?
I mean it right I mean probably anywhere to 250 $300,000 just on the lid so about
half the cost us left to finish the building hey well I mean I already got
a hundred grand in it right now so you already have a contract to I already
purchased all the equipment in already there's over a hundred thousand dollars of equipment so
you bought the equipment now you just have to build it yeah we're doing that right now currently we
just got to fill it in and then we got it yet and then we're just got to set more holes in the floor
to put a few more pump stations and some and your timing to do that is how many weeks how many months
I think we have it out we're trying to
get this done what did we put down
this is Mr. Long the contract
I believe in
we're supposed to cover this in the next week or two
start laying piping in and basically
be ready to get most of the other parts in the next month or two? Was that right?
Thomas, go up and see if the council would like to speak to you.
Yeah, I think we're... the pump chambers and associate piping was agreed to get by next month.
So in a month? In a month to get that in.
Yeah, that's for the piping and the next, and the pump cisterns or whatever.
Okay, and then the rest of the TI that's inside?
We're not doing the TI inside. We're doing shelves.
So how much to get the shells done? How much more time?
Well, currently, Seven Leaves are already starting TI in their units.
The other shells, there's not much left in there other than putting drywall and putting the wiring in.
That's really all that there is. So what's that timing?
That I don't have an answer for.
I would refer to the contractor.
And then the remaining work would be the landscape and the sidewalk.
And it sounds like you mentioned the sidewalk started. Well, I'm living across the street from the 63 units, and I just did the sidewalk in three days, by the way.
I can attest to that because I see it every morning when I drive to work. They did the sidewalk in three days, and that's 60 feet by 120 feet, something like that.
So 180 feet.
So that project is way bigger than this in terms of the diameter, and they did it in three days.
Then landscape.
So how much time is left to do landscaping?
well I you're asking questions about landscaping that's landscaping is usually last we got to
finish putting in the parking lot first I mean we have to cover everything get the wiring uh
Edison you gotta pave the lot and then the landscape and then the landscape okay so what's paving the lot you walked into that one what's paving the lot how many how much more time left
left.
Council Member
Sir, if you're speaking from the audience we can't hear you have to speak into the microphone.
Well, it's all in this contract that we have provided. According to this it's we estimate sometime around
December we should get most of the parking lot you know hard surface done
and on a property because because the contract only has estimate time no
estimate budget that was my concern I'm gonna let other council members kind of
ask questions and then I'll come back for a follow-up.
To follow up, has this contract been executed already? Yes.
Yes.
Hi, everyone. Mr. Campin discussed it in the deposition.
Hi, May.
Yeah, yes, the contract has been executed by all the parties. Mr. Campin discussed it in the deposition at length.
of the deposition of Mr. Vong, and he is the general contractor
who is taking over the project in all of its aspects as far as construction is concerned. Mr. Vong can best answer any questions you have about the progress. And the dates are all in the contract.
Thank you.
Madam Mayor, members of the council, I can verify that we have a copy of the signed contract.
All right.
And then I think I share, Council Member Ngo's concern that there's no budget or numbers kind of laid out on the contract, But I don't know how these contracts standard or the standard is for these contracts It sounds like the parties are comfortable. I would like to ask the contractor. Mr. Vong if you can step up to the mic really quick
And madam clerk. Yeah, may we swear the contractor in as well. Mr. Vong
Do you saw me swear or affirm that the evidence that you are about to give is the truth the whole truth and nothing but the truth?
Yes, thank you
And thank you, Mr. Schmock. Can you tell us when you became the general contractor for this project?
I met them first on May. This year, May of this year.
Do you know or are you aware of the work previous to your coming on board or the contractor then or anything like that?
Actually, I was introduced by the architect of Patrick Chu.
I worked in another project with him, and he suggested me introduce to them.
Are you aware of the work that went on before you came on board at all?
Yes, I've seen the job.
I drive by all the time, but I don't know who owns it until Patrick introduced me to Airwood.
And so you've been on site since May. I'm just curious your thoughts, and I don't know if this was, if during the deposition any of this came up, but I'm just curious what your perspective is on the state of construction there, how realistic the timeline is. Obviously, you signed the contract, but if I'm reading this contract right, the estimated completion, or at least for essentially coming to…
About four to six months from now.
Yeah, three to four to six months from beginning work from today.
I mean, I, well, I'll be upfront.
I, from the evidence that's presented, I, I think there's a nuisance on the site. I'm ready to go forward on this, but I'm, I don't want to be here. I don't want to have come to this point and would love to see. I think everyone's interest is served by abating this nuisance, getting this property construction completed. as quickly as possible. The question I have right now, among many questions, is why it is taking this long. If there are real reasons, and it sounds like there may have been legitimate hurdles to getting this construction done, but I'm still bewildered by even 2018 and now is seven years, and it's still not there. I'm really curious about seven and Lee. I was not a question for you. Mr. Vaughn, but if I were seven leads or our tenant, like I, I, I don't know what I would probably have moved on by now being strong, strong around, right? Not being able to move into a property. I don't know if there's an execute to lease with seven leaves at this point or not. If there is, I'd be very surprised. Or any tenant at this point that has been kind of waiting for the space to open and Council Member Ngo, and I think all of us have gotten, as Council Members, have gotten endless complaints from community members about the state of this building and the property and the lack of progress for years. I'm a little heartened by the news that there's potential to complete this in four or six months. I'm really just wondering if someone can answer for me.
I don't know if in your last few months being on site on this property, why did the rebuilding permits expire without work completed?
Why it's still taking forward? I mean, how is it here?
And what have been the real hurdles that have kept construction from being complete and a tenant being able to move in?
whoever can answer that
before May I don't know but after that when I came in got a lot of suggestions and everything
that's why I woke up and scheduled everything
to work with them but before that I think they have
a couple general contractors before me
I only first permit I posted like June or something when they expired the other one I took over But from now, if they agree I'm in charge, then we'll work from this point with that schedule.
So you've executed this contract. Do you have a budget for how much it's going to take to finish construction of the site?
Yes.
About how?
We're going to discuss that. We're going to itemize everything because it's a short time.
We try to provide all this for the other attorney this morning.
We'll work with them on that tomorrow.
We lay out all the timing, budget, get all the subcontractors together,
and we'll set the timeline and everything who needs who, what to do in a certain period to get that done.
I appreciate that. It sounds like you're going to move quickly. What is a little frustrating is that it's taken to get to this public hearing for this to happen. I don't know why. And it sounds like to me that if we let off kind of pressure from the city, that we may just fall back to the last seven years of slow progress, very slow progress on this project. And I'm very worried about letting that happen. And I don't know if someone can allay that concern for me here.
I mean, you keep coming back to budget.
And to be frank and honest with you, are you trying to say that we can't afford it?
I'm not. I have no idea what it costs. I have no idea of your financial condition.
All I know is that the property.
I'm asking you the question. I don't know. I'm asking you, actually. Is that your concern?
My only concern is that it's taken seven years from the beginning of construction to now. The building and the property are not complete. And there's $20,000 in unpaid fines because of code enforcement and other issues on this site that it's still unpaid, which I hope will be paid. And we're being presented with a contract that's been executed, a budget that hasn't been finalized, though. But looking at potentially four to six months of a construction timeline to get this building complete In my mind, I'm wondering why this four to six months didn't happen five years ago or a year ago
Well, like I have explained to you we had people who has walked out on the job on getting
Getting the cisterns into the floor. They're scared of the previous designs
We've gone back and forth with the city I mean with the engineer cities and all the other stuff. You know, recently we got the,
it was only at the time when I talked with someone
who wasn't with the city, it's actually the city,
I guess you would call it, a consultant subcontractor that works with the LID system
that gave me a couple of ideas
was because she was concerned about when we were going to build it. She goes, well, if it doesn't exactly meet this,
like we poured concrete like in a swimming pool kind of style kind of thing, she was concerned that, oh, if it's off a little bit, then you have to tell it all out. I was like, oh, man, that's going to be, you know what I mean, a burden. And she suggested I talk to Santa Fe Water System, I mean, this was all in around, what month I would say, 24, around, I don't remember the exact month, around April or May, somewhere around there. That's when I went to Santa Fe, you know, to redo this stuff. And then, you know, it took a while for all the engineers and everyone to submit the actual plans to the city. So that's the lag of that time point. But I'm just explaining. Previous to that, we, like I said, we had people work. First COVID happened, couldn't get workers. We had a lot of people walk off the jobs. And we're trying to push people into doing it. We get people who says, oh, I could do it. They'll start leveling it and getting ready for it. And then they get scared of it. I mean, it just, it was just.
I can appreciate that there have been probably legitimate hurdles for you to overcome, including COVID, which I appreciate and understand.
We all had to shut down.
COVID conditions in terms of construction and all that stuff has been over for a number of years already. I can understand why bad contractors, whatever. But if you want to put yourself in our situation.
I understand with your situation, and I'm trying to remedy this and trying to move forward right now.
I mean, you were asking for explanation. I'm just trying to. No, I appreciate your explanation.
I'm just, if you were in our shoes, right, if you had contractors that promised to perform, did not perform, still did not perform, promised something, didn't perform, still not performing, switched contractors, all that stuff, even if it was all legitimate, you would probably be as frustrated as we are right now, I hope.
I'm frustrated, too, and I'm trying to get this done. As far as your question about budgets, you know, I have the reserve money.
You know, I am a board member of Eastern International Bank.
You know, we're fine as far as, you know, making this happen, as far as if you're concerned about budgetary. So I have some questions. Thank you.
I have some questions for staff in terms of what this process is for, right, if we find a nuisance here and we, what are the next steps potentially for the city to consider? I'm also curious if we move forward, if the council moves forward on finding that there's nuisance and wants to move forward on abatement, right, if we were to spend, we would essentially be able to take over the project and complete the project and lean against the property to recover our costs.
Is that right?
So in this particular role, I'm simply advising you about what the law is, not presenting this case. So as with most nuisance cases, as you're aware, once the nuisance is abated,
pursuant to a court order,
we come back to the city council with a rendition of costs, and the city council at that point makes a determination
whether or not to lean the property
if the abatement costs remain unpaid. So the next steps to your question are, one, the city council has to make a determination whether or not a nuisance exists on this property. Under those circumstances, ordinarily we ask for sincere acting as a hearing officer for an order confirming that a nuisance exists. We would then take that order to the court and ask for an abatement warrant to go onto the property to abate the nuisance. generally speaking we try to use the most cost effective way of abating that particular nuisance and then we return back with a list of costs for the city council to consider
and so the the property owner right is presenting that they are ready to move on construction and completing this project if we if the council were to find the nuisance exists and wants to move for an abatement. Could we stay action on the abatement to give them a few weeks to see how serious they are and if they're moving on construction and then withdraw or continue to stay our
potential
our abatement action while finding that there's a nuisance until construction is complete and if not we can take over.
Sitting as the hearing officer you can take whatever action you think is appropriate under the circumstances if that's something that the council wants to consider then then my recommendation would be first to make a determination whether or not nuisance exists on the property and then give further direction to staff in terms of whether or not to be a nuisance if you were to find one.
And if we didn't find that a nuisance or we wanted to continue this hearing or if we wanted to hold off on finding making a finding about whether a nuisance exists on this property what would be we just have to continue that to another
meeting or? Correct.
I don't have personal knowledge of that. I may provide Mr. Campan the opportunity
to weigh in on that.
Mayor, Mayor Pro Tem, members of the City Council, as of approximately four months ago I had communication with Seven Leaves and they are still interested in the project.
Okay. Thank you. Just wanted to confirm that. I know Mr. Chan shared that earlier. Now, one of the problems that Mr. Chan brought up was this issue with the cisterns and installing and not being able to find someone to be able to install that. I'm not sure if anyone in our staff or Mr. Kampen can share a little bit about that. I don't know how hard or difficult it might be to actually complete that type of project. So maybe Ziad can help share a little bit about how, if not, and then how long would a project like this take to complete?
Because, I mean, we're ‑‑ I think we have to swear ‑‑
Ziyar, do you saw me swear or affirm that the evidence you are about to give is the truth, the whole truth and nothing but the truth?
I do. Thank you.
Good evening, Mr. Mayor, council members. So this is not a typical project these days. Actually, there's a project right across the street from Councilman Ngo that just went pretty much the same thing. What we're seeing and what you saw in the pictures is, I mean, we heard some of the excuses, but they were able to purchase the material. They changed three times of material. Our consultant gave them advice, but just because they wanted something different. However, they were able to purchase the material.
I spoke with the manufacturer, I think, six months ago, and the material was available. They hadn't ordered it, and they ordered it.
Once they started, I mean, they laid it. Our consultant went and inspected it. But for the past maybe month and a half, they haven't just, they need to cover it and finish it.
So there's work. We saw a couple of guys with shovels. If I had a backhoe, then one day I could have covered the whole thing, and things moved. They had some sewer issues. We've been for six months or more waiting for them to do them. They have not installed them. They could have had a plumber in a week finish some of that work that's there. So we're hearing about the delays, but construction-wise, if they had a good team move in and start the work, they could have made a lot of progress on the site, and we're not seeing it. So in your opinion, this project should have been completed by now?
Absolutely.
We met with the contractor. I believe I met with them in May. I laid a plan and I told them, you're going to do A, B, C. He agreed. He said, yeah, let me on site and I will perform. He hasn't been since the day we met in May. If he had started, probably by now, all of this would have been covered. And we wouldn't be here today? Absolutely. I mean, in my opinion, there is no reason at all why this project is not moving.
Okay. So I'm having trouble, just like some of the other council members, understanding why this project hasn't been completed. And I'm trying to be as fair as possible because I've been on this council since 2023, and this has been an issue since then. And I can't tell you how many times I've gotten emails and I've run into people in the community because we're all out there who've come to me and asked me, what's going on here? I mean all you have to do is go on social media and see how the public is reacting to this property that hasn't been finished. So I'm just trying to understand if there's some validity in terms of what he's saying, Mr. Tran is saying, but also in terms of the project being completed, whether this could have been completed a while ago. So I'm just trying to understand how it can be completed now by December, but it hasn't been able to be completed in the last seven years.
So, Councilman Sanchez, if I may be a little blunt, if you don't have workers working on the project, it's not going to construct by itself.
So, we don't see workers doing work or when they need to cover what they constructed and we inspected,
and a couple of guys with the shovel aren't going to finish it, they're going to take them a month rather than take it a couple of days. And this is honest, you know, this is straight construction.
It's not anything unusual about this project except not having contractors.
doing work. Ziya, could you give your position in the city for the record?
I manage the engineering division for the city.
Thank you. Thank you, Ziya. Thank you.
And I just have one more thing, and this is for Mr. Chana. I've been driving down this intersection. This intersection in our city is one of the busiest intersections. It is the most visible intersection. and for years it's had graffiti, it's had a gate around it, it's had tarp on it, people put signs on it. It's just been extremely dilapidated. It doesn't look good, right? Even my daughters, on my way to school to drop off my daughters, we drive by this property daily. So I just want you to put yourselves in our shoes.
Given how the public is reacting to this,
if you lived a couple blocks from this property,
I want you to think about
how you would feel
if this project wasn't completed.
So I do want to share there's a level, in my opinion, just on my end
of distrust
in terms of whether I actually feel that you can complete this project by December. And so there is no doubt in my mind that this is a public nuisance. I do want to see this project completed. I really do. I don't know that you can actually do it is my concern.
And so I'm asking you to, you know, give us.
And you heard our legal team earlier talk about how it's been just the countless number of misunderstandings, lies, and just outright changes.
So what I'm trying to say. Are you accusing me of lying right now? No, no, I'm not accusing you of lying. Okay, I'm just saying.
What I'm trying to say is we want to see this project completed.
So I don't know.
whether I personally feel that this team can complete the project. And if for some reason this council decides that we want to trust this team to do it, there's going to have to be, for me to be able to approve something like that, a large amount of oversight on our end to make sure that something like this is completed. I mean, I'm not a construction expert here, but you know I know that this should have been completed a long time ago and I don't know that it could necessarily be completed by December if that's the extension or time that this council might even consider so that's kind of
where I'm at.
Councilmember Sanchez's concerns now the arrangement now is that the chans will have no involvement in the construction and all decisions will be made by Mr.
Mr. Vong, and I think the best thing for you to do would be to review the contract that
we provided to you with Mr. Vong directly and ask him about how the construction will
proceed, and I think he will be happy to fill you in.
Mayor Patel? Thank you very much. Oh, I'm sorry.
Actually, my question, and again, I'm trying to understand the history of this project as it's been laid out, and not to mention with the information. I actually have been here on city council since 2020, and so I've been here for five years. And in fact, this past weekend, I was having dim sum over at Capital Seafood.
And guess what?
Some friends were like, what's going on with that construction in the corner of Atlantic and Carvey?
And I said, I don't know.
So I guess here's my question. So Mr. Vong, you've been the contractor since May, correct?
Yes. Okay.
So Mr. Chan, how many contractors did you have before Mr. Vong?
We had two others.
But like I said, it comes down to the hard-staped digging.
The subs, they keep bailing out on us.
And I understand, you know, again, you know, construction projects, again, there are cost overruns or even carry-offs of timelines. So I guess my question is this is that during your difficulties, were you in conversation with the city regarding these difficulties?
at the moment no because I kept getting kind of I wasn't in contact with the city and actually when it comes down to the city too they never referred me to the consultant
that you have with the LID system until until that meeting we had in back in 2024
so I never was contacted I'll be I never had more of an expert in that but then my question is so
again when does construction project start about 2019 2019 and it is now 2025 it has been six years
and again I yes I'm aware of the history you know again I was sworn in right in the middle of a pandemic I'm very much aware about the challenge we have but my question though is that is that
But part of when we talk about partners and collaboration is this is the agency that,
the city I mean, that issues the permits that also does the inspections.
I'm trying to understand, again, where was the breakdown in communications.
again if you said you've had two contracts before and I know you explained the reasons but again I mean this is LA there are more than probably two contracts in LA and I just am puzzled that again you just stopped at two contracts and couldn't figure out well who else can do this and if there was a challenge and why not speak to the city about this to complete this because again And, you know, from all of our perspectives, you know, and again, we are accountable to this community. Our bosses are this community, the people who vote here,
who live here, and they keep asking,
why the hell is that unsightly building not finished yet?
Well, I've already explained that. Did you?
I'm just here to just try to move on forward and try to and i'm trying to get you guys to say we got the contractor we're trying to we we're already set on the on the cisterns and already in the floor already we're trying to move forward i've spent a lot of time and effort and money dealing with the city who's um pressing with legal issues that actually didn't move forward, and it's just actually been blocking me. I've actually had Campin actually presented a temporary restraining order against me saying that I'm not to speak to city staff. So I don't know where we'll go. So you're making it difficult on me. And I'm trying to come to the city council here, and try to tell city council that let's start fresh, let's try to get this moving forward and break the cycle of just fighting here. And that's all I'm asking right now.
So your family, I guess, do you own the entire complex? I mean, not just the site, but everything there. Do you own everything? No, we don't.
We own the parts of the complex with, you would say,
from the Wing Hop Fund until the edge of the market.
So, okay, but that's most of it.
So, Wing Ho Feng is, I guess, on the southern end of that L,
it's a market, that's actually the entire complex.
So you do actually own most of it?
Yes. Okay. And how long have you been in this community? I've lived here all my life.
Okay.
And so, obviously, you know the importance of this center to the community, to everyone who lives here, everyone's watching, everyone's probably, you know, shopped there,
eating there.
And I guess, you know, again, you're saying you're coming to us as a council, you want
to start anew.
Yet, I mean, this is my first time even meeting you, you know, and I'm just curious, like, you know, if you were having problems, why didn't you come to us sooner?
I don't have an answer. You don't have an answer. I see. Okay. Well, I'm done with my questions for now. Thank you. I just have a few more questions. So, um, Mr. Vong, you said you've been working with Mr. Chan since May. Yes. But this contract that you provided to us was signed yesterday, September 16th. Yeah, because all the outcome and everything, to be honest, I think the chance need to be more serious. I want them to start there.
or otherwise it won't finish.
So what happened between May and yesterday?
I work as a consultant. I go to the job site once in a while, check it out,
tell them what needs to be done to get all the spec as the lead requires,
the low-impact development, which is the stormwater.
And how many times did you meet between May and yesterday?
Maybe 20 times at least.
With no contract signed?
I worked as a consultant for them before. Now I'm going to be involved in the construction if they agree from today.
Got it. Okay. And then my other question is for Mr. Chan's attorney.
You had us look at Exhibit 9.
I'm sorry?
You had us look at Exhibit 9 earlier, correct?
Yes, there are. What does Exhibit 9 say for you? Because the copy service screwed up.
It's your set two special interrogatories.
Correct.
And there's 290 of them.
Well, no, no, they start in 100 and something.
Yeah, but set one is 1 through 118. So total, there's 290 interrogatories.
They track all of the allegations in the first amended complaint.
The interrogatories are referred to. I think I have some page numbers for you.
Okay. Let's see.
For 4.3050H, that would be numbers 125, 129.
128, 129, excuse me. That's the graffiti.
And then if you go through the interrogatories, you'll see towards the first third of those,
they all track exactly the code sections
that were in the council staff report.
so I apologize for the
mess they should have been bait stamped it was a you know we had to get it done as fast as I can I picked them up the other day
they turned out not to be bait stamped and otherwise I would have given you specific page numbers but if you follow
from page one let's see 12 and 13 and then 14 and 15
and so forth and so on, you'll see that the first two interrogatories of sets of three or four,
four or five, they all ask about the violations cited at the time the first amended complaint was
filed, and then again up at the time the responses were due. So that's the manner in which we
proceeded with that because we won't
I'm sorry. And earlier you had a
I think your co-counsel, he had some pictures you wanted us to see
Ah, that was, oh dear me he left, I, yes
I would, that is I'm sorry
Mr. Flores you have, actually you have his declaration
that is the Flores declaration is contained in your binder What?
That?
That is item four.
I think this is like a different property.
It's referring to we're here to talk about 795.
Well, if I may, Mr. Sanchez, the question is not, you know, this isn't, but officer, the other guy is going faster.
This is something else entirely. It is a matter, the matter, the difference is that the city actually encouraged the conditions, affirmatively guided Mr. Gerbavak to the owner of that property to use it as a storage yard without any security measure.
That is what happened there. And the difference is, the question is,
if the Chan's property was a nuisance under those conditions, all those violations were there, how could it be that the much more serious violations,
the 220 North Atlantic, were not? And how could it possibly be that anyone who was examining,
the Chan property could not have seen,
which is right next door, the condition of 220 North Atlantic.
They're contiguous.
So that is the significance of that.
What is code enforcement's criterion?
What criteria do they have to assess and use?
We can explore that property on a different time. Right now we're trying to figure out what's going on 79 795 West Garvey and and and this is to use your words a separate issue so well these are related I'm sorry forward with 795 West Garvey
it just seems to me that a lot of time has been sent spent on discovery and
litigation when it should have been spent on doing construction with mr. Vaughn
and what we want to do is avoid more litigation.
We didn't bring that suit.
Your city attorney did.
We did not bring that suit, but we had to defend it.
We had to defend it. And a finding of nuisance, unfortunately,
I don't want to even say it.
It is going to almost necessarily provoke another lawsuit,
a petition of writ of mandate. And we don't want to go there. That's why I ask for the simple,
very, very modest, very modest suggestion
that you monitor. And now, by the way,
both Edward and particularly Mr. Vong are more than delighted to answer directly
when you contact them any and all questions you have. And they will be delighted
to provide progress reports under whatever circumstances you deem best. They'll be absolutely happy to do that. Thank you, sir.
Madam Mayor, before we continue, I recommend having a recess, having an immediate closed session based upon threat of litigation
by Mr. Krasnitz just now.
Okay, let's take a recess.
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.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
Thank you.
All right, let's come back from recess.
Since it's getting close to 11, we're going to need to make a motion to...
Make a motion to extend to 1130.
Is there a second?
Okay.
This vote.
And Madam Mayor, members of the council, I am required to report that there is no reportable action after closed session. Happy to answer any questions.
All right. Can we get Tim up here? We have some questions for you.
Madam Mayor, Tim, thank you again for your work on this. Can you talk about, have we tried to resolve this in any other way outside of kind of litigation or outside of getting to this point in a public hearing for potential finding of nuisance? and can you detail kind of just any actions we've tried to take either outside of litigation to work with the property owner to get the nuisance evaded or to get the property kind of completed and any other actions we've taken besides getting to this point for this public hearing?
Council Member Wong, thank you for the question.
I would say that every effort short of litigation was made before we filed our public nuisance lawsuit around March of 2024.
And there was continuing discussions and meetings hoping to get voluntary compliance during that whole time. The litigation did not prevent construction progress, to be clear. There's nothing about the litigation that prevented that, that could have continued during that entire time. I will say that we did, as Mr. Crastins mentioned, pursuant to the council's legislative subpoenas issued last month, I did depose Mr. Thomas Vong, who's here today, and had a good discussion to learn a bit about the case. At the conclusion of that, and based on the same contract that was presented with a construction schedule, I extended another offer through Mr. Craston to his clients, Edward and Howard Chan. And effectively what it was was a stipulated order of abatement of public nuisance. This was after the deposition today. I called Mr. Craston's, according to my phone, it was 3 52 PM today had a about a 15 minute conversation. And I folLod that up at five 30 after not hearing back memorializing what the offer was on behalf of the city. And may I tell you what that was? Okay.
The stipulated order of abatement as I memorialized it in writing and sent to him.
And as discussed was, first of all, part of the stipulation would be a finding of violation of the municipal code section relating to maintaining partial construction of the property. There would be a stipulated order of abatement, which would allow the city to pursue a abatement warrant to complete construction in the event of substantial failure to comply with the schedule in Mr. Vong's contract. And the determination of substantial failure to comply would be at the sole discretion of the city. So there would be no more hearings and evidence and those kinds of things.
Next, that order of abatement would be fully subject to the provisions of Chapter 4.30 covering public nuisances,
which is what this hearing is under and all those provisions just to make sure that we are covered for purposes of any abatement that would need to be taken.
We would provide an opportunity to cure at least one time and more if the city decided,
which would be written notice of substantial failure to comply with a two-week cure period.
And if it was not cured to the city satisfaction and the city sole discretion within that two weeks, then the city was be free to pursue the abatement warrant.
Further, there would be a waiver of any challenge to the warrant or any challenge to the stipulated determination of public nuisance.
So there would be no more litigation and have finality to that aspect, at least.
and
among the other conditions I'm not going to read all of them but they include that the contract would be fully integrated into the settlement idea this stipulated settlement and that Mr. Vong would also sign it
and agree to continue with construction of the project, but under the city's direction, if the city obtained an abatement warrant to take over construction, at which time the city would pay his fees and then recoup those costs, as the city attorney mentioned the process previously.
And if that could be done and signed today by 630, we would take this matter off calendar and not have this hearing at all. I began preparing that agreement after not hearing from Mr. Crassons and I never heard back until at one point I heard that there was the contract was sent over. And when I learned that that was sent, I stopped working on that agreement about 530 p.m., give or take. I'm sorry, about five, about five o'clock, 530. I stopped working. So that is the status of what was offered and the conditions of which they were offered. And if you have any more questions, I'd be happy to answer.
Just a quick follow-up, maybe to Mr. Crassons. I don't know if, did you receive this offer and do you fully understand this or does your client understand the offer that was placed before?
Well, yes, the offer had, we did receive the offer, but we received it shortly. What was it, 6 o'clock that you said it?
3.52 is when we start.
jump into that. You cannot do that. It's unethical. So again, that's where we are with that.
Again, we could look at the thing, and I could continue communicating with Mr. Campen,
but again, let me urge you that
two weeks and we monitor that project,
you observe it like hawks, see what's going on, speak to Mr. Vong whenever you like,
Ask him anything you like about how it's going to be done and when it's going to be done and monitor that it is done. And then we revisit everything at the first available council meeting.
That's my suggestion.
I mean, it just sounds remarkably similar what you were offering to what we are, what Mr. Campin has offered.
Well, no, there is an admission of nuisance. there are all sorts of other parts. In the bare bones, maybe there is, but there's all sorts of things.
As I said, I believe Mary Yang is an attorney, and I can appreciate having an offer
which has all sorts of ramifications that cannot be grasped in such a short space of time. It cannot.
I couldn't ethically recommend that a client take that under these circumstances. Not that it's either good or bad. It cannot be digested. All right. Thank you. Thank you.
Madam Mayor, if I may,
counsel, Mr. Krasis has a few more opportunities to indicate
his urging on behalf of his client. I just wanted to reiterate, if I may, very succinctly
that our position, my position is still the same, urging the council to approve the proposed order
of the payment for the city to complete the construction.
under-approved plans, again, to break this cycle. Thank you.
I have two follow-up questions.
If I can ask Mr. Vung. So, Mr. Vung, you've been involved now since May. You kind of have a back-of-the-head envelope idea of how much it's cost to finish the project because you now have a contract which was stated yesterday. In your view, how much is left to finish the project cost-wise?
From this point on, I would say maybe half a million to three-quarter max.
So $500,000 to $750,000 on the outside.
That's the cost.
Yes. Thank you. And time-wise?
We'll stick to that, four to six months.
Four to six months. Okay. Thank you.
And if I can have Mr. Chan.
So the first question I have is you mentioned earlier that you said seven leaves are still under contract or still in the deal. Do you have, actually does the city have paperwork or is there an extension of that lease where you know that they're still in?
I'm in contact with them.
They're asking me when could they start coming in to finish their TI.
I mean, I could show you an email of that, but I mean, they're in. Okay.
Can we get a copy of the extension of the lease or if they sign the lease and extension the lease? Because I like to see that because it's, I mean, if you're going month to month, this has been like seven years. So there's got to be a definitive timeline on when they can walk or if they're still in. I mean, if there's an extension, if it's month-to-month, if it's, I mean, leases have an expiration somewhere.
I could get a statement probably from them, and I will provide that to you later,
that we're just going to kick over the lease, you know what I mean, to a new starting date once the building's complete.
Okay.
So I would like to see a copy of that as a request.
And then the second thing is earlier you mentioned that you were director and from a financial
resource standpoint you should have no problem getting to the budget which now is between $500,000 and $750,000. Is there a possibility that you can post that amount of money?
I'm not going to provide the city with my personal financial.
I'm not asking you to provide financial. I'm just asking if you can post that, I guess you can open up an account, post in the bond so that you can verify to the contractor, Mr. Vong, that there's money there that he can finish the work.
Yeah, there's no problem for Mr. Vong to verify that we have the money.
Because right now, Mr. Vong is still the consultant, right? So you never really...
Mr. Bong is licensed general contractor now. Mr. Bong, explain the nature of the contract and what you're going to do.
Yeah, after the contract side, then the financial monies on the side, like you said, then the
project will proceed as my contract. I'll be 100% more than everything, not like before.
All he needs to do is just the money is there. That's it.
Okay. Is there any other questions? Because I've heard both sides. I've heard a lot. And
And my thing is it's taking way too long for this. I'm going to support issuing this as a public nuisance.
So we have a motion from Council Member Ngo.
I'll second the motion.
Second from Council Member Wong.
I find that there is a nuisance.
There is overwhelming evidence that a nuisance exists at this site and to authorize the mayor and the staff to move ahead on actions. But if there are opportunities to work with and in good faith, right, see that there's action happening, I'm happy to explore those, but would authorize the mayor and the staff to do in their best judgment what needs to be done to get to abate the nuisance.
All right. Let's vote.
Approved unanimously. All right.
And that concludes our public hearing. So we'll go ahead and close the public hearing.
And moving on to new business. Any new business? No new business.
Then city communications.
All right. Just a couple of items since last week.
so many of us attended the Chinese American Museum History Maker Gala, which really highlights the Chinese American Museum. And as I often say, history is factual. It doesn't matter if you're Chinese American, African American, Hispanic American. If you're American, you're part of history, you're in history. So that was a great gala that we went to that highlight the people who were involved in the factual history of the United States. I got the pleasure of driving down to San Diego and witnessed the retirement of Captain Altafong, who is a resident of the city for 20 plus years. On 9-11, we had our Patriot Day outside. So it was a memorial service, but also to celebrate Patriot Day. on the 13th which is the Saturday I got a chance to see well I got a chance to see well Robert's not here but got a chance to see Robert and and and staff it was city versus city pickleball I think there were nine different cities I have a feeling who won so I won't say it but it wasn't us but this is our third time hosting it so I'm glad that we're hosting it a few of us also attended the Maryville Harvest of Hope Gala, which was a couple of weeks ago, and was also
attended the Chusi Concert Gala, and I'm very proud and very supportive of Chusi and the ability
that they have to serve not only our city, but also our local community. I think they raised over two million dollars that day. So kudos to them because it enables them to continue to serve many of the affected areas with the wildfire as well as many natural disasters throughout the throughout the world. So then of course yesterday I want to congratulate Mayor Yang and Mayor Pro Tem Henry Lo to put you guys on the spotlight and to celebrate your ceremonial Mayor and Pro Tem and wish you best of luck.
I want to echo what former mayor, council member Ugo said,
and I want to congratulate him and thank him for his nine and a half months of leading our city and this council. Really appreciate all that he's done and his energy and his vision and leadership for our city and really appreciate and hope and know that the city and our residents will benefit and have benefited from his leadership in our community. Congratulations to our new mayor, Elizabeth Yang. Great opportunity yesterday to celebrate her becoming our mayor. Looking forward to her leadership of our council, our meetings, and the community for the nine and a half months ahead. And also congratulations to Henry Lo, our new mayor pro tem, for his second round around the days.
I also want to congratulate and thank
since our last council meeting before Diana Wong
I know she's not here
but the executive assistant to not only the city manager but also does a lot of support for the city council members Diana's retiring after 20 some odd years I think here in the city super well deserved I want to congratulate her and thank her for her support
for all of us in our roles as city council members
making sure I'm on top of my expense reports
and all that stuff too
and getting me set up for meetings and all that stuff. So really, really, really deeply appreciate her help on that kind of personal level and want to wish her well, particularly also since she's a resident of the city of Monterey Park and the 1st District, wish her well in her retirement and whatever she wants to do next, which she said at least for a few months do very little. So more power to her. I want to welcome Chief Hing, our new fire chief, to the city.
Congratulations.
Looking forward again to your service to the city and your leadership of our department.
And then tonight on the consent calendar, we had our final labor contract.
I just want to thank our bargaining units, our labor unions here at City Hall for the workers for completing. We've now completed negotiations with all of our eight or nine, eight, I don't know, eight bargaining units in the city. Just thank you so much for your partnership.
Looking forward to the next few years of making sure we have the best, right, that we're compensating and working with some of the best and finest in the entire region in California in terms of public servants in all of our departments.
So thank you so much and appreciate the ability to be able to work closely and in partnership on getting these contracts finalized over the last few months. And congratulations to Christine Tonkawa for her leadership in the negotiations on the
city side. So thank you, Christine. I know it was a lot of work.
Take the next year and a half or two years, whatever, to recharge. That is it.
I'll pass it on.
I had the opportunity to attend the Contract Cities Conference with a lot of local cities. I think we were the talk of the conference, given the recent increase in street sweeper fees. and so it was good to see contract cities taking an active role and trying to figure out how we can legislatively figure this out because the increase in fees and street sweeping fees is not just impacting us. It's going to dramatically impact a lot of different cities and we're going to have to come up with a lot of money to be able to meet the increase in cost for street sweeping. So I know that that was definitely one of the issues that they're going to be taking on. I'm hoping to see some action from contract cities in terms of getting this resolved, because it will definitely help us out in Monterey Park.
I also, let me see, today, I'm sorry, yesterday went to the Garvey Avenue at the Langley Center. I saw a lot of people there, a lot of us were there. I completed the survey like 15 times.
Just kidding. Just one.
So I just want to make sure that the items that I want are just kidding. But great to see a lot of people out there discussing and being very engaged. I did want to mention one thing that I really enjoyed that the consultants did is they had a kiddie table with coloring books and
care but activities for kids to do would be greatly appreciated as a parent. So it was great to see that there. And then this today I earlier today had the opportunity to go to Mark Keppel High School. They had the grand opening of their dream center for their students there and it was actually a packed house. So I got an opportunity to interact with the kids, talk to them and hear their stories, and enjoy some pizza with them, some Jace pizza. I had Jace for lunch and dinner. But that's okay. Jace is amazing. And then lastly, I wanted to share that I was recently sworn in as our representative for Metro Service Council, attended my first meeting. Wanted to share just a few items because there's a lot happening in Metro. All you have to do is follow their Instagram to see or their social media to see all the stuff that they're doing. But this weekend, starting on Friday, they're going to be doing a ribbon cutting and grand opening of four new stations to the A-Line and going all the way to Pomona. So if you want to check it out, free rides this weekend to check it out. I'm going to be taking our Via Transit to the Gold Line. I mean, our East LA line, so I can get myself out there to Pomona for the grand opening
and for the ribbon cutting.
But every one of the four stations actually has a celebration. So the idea is that they want you to get out at each station and celebrate. And they'll have music, events, food, all of that stuff happening on Friday from 1130
to 3.
So go check it out if you can. Or at least ride the metro for free this weekend.
And that is it for me. Thank you.
Well, I wanted to conclude this evening with my remarks of congratulating our new mayor for running her first meeting.
And I think you did it superbly.
And certainly I want to also commend us as the city council. I mean, if you look at the issues we just tonight from mobility issues, transportation
issues to economic development issues, I mean, capital projects, infrastructure.
I mean, every meeting, you know, we address important issues to this community.
and I commend my colleagues as well as city staff for us to be here ready to answer any questions. And again, all of us are here close to midnight because we care about this community.
And with that, I say good night.
And I'll end by saying thank you to all my colleagues here. Thank you to former Mayor Ngo for everything that you did for the city the last nine and a half months. I try to follow in your footsteps and make the meeting as efficient as you made them,
but unfortunately we still have to extend past 11 p.m., so I'll keep improving.
And congratulations to Mayor Pro Tem Lo. And I also wanted to thank all of staff for making yesterday's festivities happen, whether it be from going to pick up the food donations, which were generously donated by NBC and Capital Seafood, or ordering the lion dancers, or even getting the moon cakes and cleaning up all the fLors and the mess we left behind.
So thanks for all the behind-the-scenes work.
And the final event this Saturday is Teresa Amador's Tree Memorial at 10 a.m. So make sure we all attend that. And with that, we'll adjourn at 11.08.
Thank you.
Thank you.
Video
Reference
- Meeting source page ↗
https://montereyparkca.portal.civicclerk.com/event/283
- Staff Report ↗staff_report
A Approval of Minutes
- Draft Minutes ↗minutes
A Approval of Minutes
- Staff Report ↗staff_report
B Waive further reading and adopt Zoning Code Amendment (ZCA 25-04), an Ordinance implementing Measure JJ by amending the Monterey Park Municipal Code ("MPMC") governing permissible land uses and site development plans in the Saturn Park Innovation/ Technology Zone.
- Ordinance No. ___________ ↗ordinance
B Waive further reading and adopt Zoning Code Amendment (ZCA 25-04), an Ordinance implementing Measure JJ by amending the Monterey Park Municipal Code ("MPMC") governing permissible land uses and site development plans in the Saturn Park Innovation/ Technology Zone.
- City Council Staff Report, dated September 3, 2025 (without attachments) ↗staff_report
B Waive further reading and adopt Zoning Code Amendment (ZCA 25-04), an Ordinance implementing Measure JJ by amending the Monterey Park Municipal Code ("MPMC") governing permissible land uses and site development plans in the Saturn Park Innovation/ Technology Zone.
- Staff Report ↗staff_report
C Professional Services Agreement with Fairbank, Maslin, Maullin, Metz and Associates to Conduct Public Opinion Surveys
- Staff Report ↗staff_report
D Amendments to Agreements No. 2048-A and No. 1704.AA with Hinderliter De Llamas and Associates/Hinderliter Software, LLC for Sales Tax and Business License Tax and Transient Occupancy Tax Consulting Services
- Staff Report ↗staff_report
E Resolution approving successor Memorandum of Understanding between the City of Monterey Park and the Monterey Park Police Captains' Association ("MPPCA") for the term of July 1, 2025 to June 30, 2028
- Monterey Park Police Captains' Association MOU Resolution ↗resolution
E Resolution approving successor Memorandum of Understanding between the City of Monterey Park and the Monterey Park Police Captains' Association ("MPPCA") for the term of July 1, 2025 to June 30, 2028
- Exhibit A - Monterey Park Police Captains' Association MOU redline ↗other
E Resolution approving successor Memorandum of Understanding between the City of Monterey Park and the Monterey Park Police Captains' Association ("MPPCA") for the term of July 1, 2025 to June 30, 2028
- Staff Report ↗staff_report
F Resolution approving successor Memorandum of Understanding between the City and the Monterey Park Firefighters' Association ("MPFFA") for the term of July 1, 2025 to June 30, 2027.
- Monterey Park Firefighters' Association MOU Resolution ↗resolution
F Resolution approving successor Memorandum of Understanding between the City and the Monterey Park Firefighters' Association ("MPFFA") for the term of July 1, 2025 to June 30, 2027.
- Exhbit A - Monterey Park Firefighters' Association MOU redline ↗other
F Resolution approving successor Memorandum of Understanding between the City and the Monterey Park Firefighters' Association ("MPFFA") for the term of July 1, 2025 to June 30, 2027.
- Staff Report ↗staff_report
G Notice of Completion Review of Capital Improvement Projects
- Notice of Completion Potrero Grande Signal Improvements ↗other
G Notice of Completion Review of Capital Improvement Projects
- Notice of Completion Monterey Pass Road Rehabilitation ↗other
G Notice of Completion Review of Capital Improvement Projects
- Notice of Completion Barnes Gym Flooring ↗other
G Notice of Completion Review of Capital Improvement Projects
- Notice of Completion HVAC Installation at Langley Senior Center ↗other
G Notice of Completion Review of Capital Improvement Projects
- Notice of Completion Concrete Improvements at Various Locations ↗other
G Notice of Completion Review of Capital Improvement Projects
- Notice of Completion Barnes Park & Langley Senior Citizen Restroom Rehabilitation ↗other
G Notice of Completion Review of Capital Improvement Projects
- Notice of Completion Curb Ramp Improvements Project ↗other
G Notice of Completion Review of Capital Improvement Projects
- Notice of Completion Centralized Groundwater Treatment System ↗other
G Notice of Completion Review of Capital Improvement Projects
- Staff Report ↗staff_report
H Southern California Edison 5-year Revocable Secondary Land Use License for Road Access at Pomona Blvd. & Findlay Ave.
- Staff Report ↗staff_report
I Purchase of four 2026 Chevrolet Equinox EV vehicles
- National Auto Fleet Group Quote ↗other
I Purchase of four 2026 Chevrolet Equinox EV vehicles
- Staff Report ↗staff_report
J Transportation Updates
- Staff Report ↗staff_report
K County of Los Angeles Pest Control Agreement No. 807
- Staff Report ↗staff_report
A Public hearing to review and approve the Fiscal Year 2024-25 Consolidated Annual Performance and Evaluation Report for submittal to the U.S. Department of Housing and Urban Development
- staff report ↗staff_report
B Determination of whether a public nuisance exists at 795 W. Garvey and consideration of potential abatement order pursuant to Monterey Municipal Park § 4.30.110
- 09-17-2025 Regular Meeting Agenda ↗agenda
- 09-17-2025 Regular Meeting Agenda Packet ↗agenda_packet
- Minutes 09172025 ↗minutes
Counciloris