Agenda packet — Montebello City Council, May 11, 2022 (part 1 of 2)

CITY OF MONTEBELLO

REGULAR CITY COUNCIL MEETING AGENDA
WEDNESDAY, MAY 11, 2022 AT 5:00 P.M.

Teleconference Location for
Councilmember Torres:

CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD

MONTEBELLO, CALIFORNIA
Teleconference Location for
Councilmember Peralta:

Hyatt Regency Hotel
Lobby Area
1209 L Street
Sacramento, CA 95814
Posada El Rey Sol Hotel
Lobby Area
Avenida Blancarte 130
22800 Ensenada, Mexico

CITY COUNCIL
Kimberly A. Cobos-Cawthorne, Mayor
Angie M. Jimenez, Mayor Pro Tem
Scarlet Peralta, Councilmember
Salvador Melendez, Councilmember
David N. Torres, Councilmember

CITY MANAGER CITY TREASURER CITY ATTORNEY
René Bobadilla, City Manager Rafael Gutierrez Arnold M. Alvarez-Glasman

CITY CLERK
Christopher Jimenez

DEPARTMENT HEADS
Assistant City Manager Arlene Salazar
Fire Chief Fernando Pelaez
Police Chief Paul Espinosa
Director of Finance Michael Solorza
Director of Human Resources Nicholas Razo
Director of Planning/Community Development Joseph Palombi Director of Public Works James Enriquez
Director of Recreation and Community Services David Sosnowski Director of Transportation Lupita Ibarra

May 11, 2022: City Council Meeting Page 2 of 7

NOTICES

COVID-19 NOTICE : The City Council rescinded the Declaration of the Local Emergency and the continuation of teleconferencing open meetings pursuant to AB 361 by adopting Resolution No. 22-21 on Wednesday, April 13, 2022. This City Council Meeting will be held in person and will meet at City Hall – City Council Chambers, 1600 West Beverly Boulevard, Montebello, California ; at the Hyatt Regency Hotel, Lobby Area, 12091 L Street, Sacramento, California 95814 via teleconference; and at the Posada El Rey Sol Hotel, Lobby Area, Avenida Blancarte 130, 22800 Ensenada, Mexico. The meeting will be live streamed and can be watched on the City’s website and YouTube Channel via the following link : https://www.cityofmontebello.com/government/live-streaming.html, and may also be viewed on Spectrum Public Access Channel 3 for all Spectrum cable subscribers.

AMERICANS WITH DISABILITIES ACT: In compliance with the Americans with Disabilities Act (ADA) any person with a disability who requires special accommodations in order to participate in a meeting should contact the Administration Office at (323) 887-1437 Monday-Thursday from 7:30 a.m.-5:30 p.m. Please call 48 hours prior to the meeting to ensure that reasonable arrangements can be made to provide accessibility to this meeting (28 CFR 35.102 -35.104 ADA Title II 1203). If you require translation services, please contact the City Clerk’s office 72 hours before this meeting. Si necesita servicios de traducción, comuníquese con la Oficina del Secretario Municipal 72 horas antes de esta reunión. 如果您需要翻译服务，请在会议前 72 小时联系市书记员办公室

RULES OF DECORUM:

As Established by Ordinance 2443, adopted on October 27, 2021: Signs, placards, banners, horns, noise-making devices, or other similar items shall not be permitted in the audience during a Public Meeting if the presence of such item disturbs, disrupts or otherwise impedes the orderly conduct of the meeting. All persons attending a public meeting shall remain seated in the seats provided, unless addressing the body at the podium or entering or leaving the meeting. No member of the audience shall willfully interrupt the orde rly conduct at the meeting, this includes clapping or otherwise speaking from their seats. The presiding officer shall direct the removal of any individual whose willful interruption renders infeasible the orderly conduct of the meeting. In the event the removal of the individual or individuals willfully interrupting the meeting does not restore order, the presiding officer may order the meeting room cleared and continue in session.

Speakers shall not engage in willful conduct which interrupts the meeting o r interferes with the orderly conduct of the meeting. Any person who becomes boisterous while addressing the Council or who otherwise disrupts the orderly conduct of the Council’s business shall be subject to removal from the Chambers after being admonished by the presiding officer.

PUBLIC COMMENTS:

In-Person: For those interested in participating during the Public Comment period(s) or public testimony period for Public Hearings of the City Council meetings, you may address the City Council in person the day of the meeting. Speakers will be required to fill out a speaker card provided at the door and turn it into the Deputy City Clerk prior to each Public Comment announcement period. Staff will number and call each speaker card in the order received. Closed Session begins at 5:00 p.m. and Regular Session begins no later than 6:00 p.m.

Via Email : The public may also submit emailed comments via the City’s email address :
[email protected], up until the day of the meeting, Wednesday, May 11, 2022 by 3:00 p.m. These comments will be submitted to all members of the City Council and may not be read aloud but will be entered into the record of the proceedings to the extent they relate to matter s listed on the posted agenda or otherwise address matters/issues within the subject matter jurisdiction of the City Council. Any requests to provide public comment which is submitted a fter the deadlines indicated above will not be submitted to the City Council, with the exception of non - agenda written item comments which will be held over for the next regularly scheduled meeting.

AGENDA MATERIALS: The agenda and/or agenda packet are available for public inspection at City’s website at:
https://www.cityofmontebello.com/council-agendas.html. The agenda cover sheets may also be emailed upon request.

May 11, 2022: City Council Meeting Page 3 of 7

IN CONSIDERATION OF OTHERS, PLEASE TURN OFF, OR MUTE, ALL CELL PHONES AND PAGERS

THANK YOU FOR YOUR COOPERATION
O

PENING CEREMONIES
C

ALL TO ORDER
RO

LL CALL
C
LOSED SESSION – NONE
REG
ULAR SESSION – 6:00 P.M.

INVOCATION
P

LEDGE OF ALLEGIANCE
CO
RRECTIONS TO THE AGENDA – CITY MANAGER
C

EREMONIAL/PRESENTATIONS

1. R
ECOGNITION OF CITIZEN OF THE MONTH – MANNY FRANCO

2. R

ECOGNITION OF ASIAN PACIFIC HERITAGE MONTH

3. R

ECOGNITION OF NATIONAL PET MONTH

4. R

ECOGNITION OF MENTAL HEALTH MONTH

5. RECOGNITION OF MOTORCYCLE SAFETY AWARENESS MONTH

6. R

ECOGNITION OF NATIONAL MILITARY APPRECIATION MONTH

7. R
ECOGNITION OF COMMUNITY ATHLETES – MONTEBELLO HIGH SCHOOL CIF D2 FINALIST

AND SCHURR HIGH SCHOOL FEMALE WRESTLER

8. RECOGNITION OF MONTEBELLO – SAINT BENEDICT SCHOOL GIRLS BASKETBALL

9. PRELIMINARY BUDGET FOR FISCAL YEAR 22/23
May 11, 2022: City Council Meeting Page 4 of 7
PUBLIC COMMENTS ON NON-AGENDA AND AGENDA ITEMS (30 MINUTES) At this time, the general public may address the City Council on both non-agenda and agenda items.

Please be aware that the maximum time allotted for members of the public to speak shall not exceed three (3) minutes per speaker. State Law prohibits the City Council from taking action or entertaining extended discussion on a topic not listed on the agenda. Please show courtesy to others and direct all of your comments to the Mayor.

TAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST

REGULAR BUSINESS

10. A
DOPT RESOLUTION NO. 22-34 TO FORMALLY ADOPT TH E FINAL CITY COUNCIL DISTRICT MAP – CALIFORNIA VOTING RIGHTS ACT (“CVRA”)
R
ECOMMENDATION: It is recommended that the City Council:
1) A
dopt Resolution No. 22-34 (Attachment A) to formally adopt a final City Council district map; and
2) Take such additional, related, action that may be desirable.

11. AD
OPT RESOLUTION NO’S. 22 -32 AND 22- 33 ADOPTING A MEMORANDU M OF

UNDERSTANDING BETWEEN THE CITY AND THE MONTEBELLO FIREFIGHTERS ASSOCIATION (MFA) AND THE CITY AND THE MONTEBELLO SUPERVISORS ASSOCIATION (MSA) R
ECOMMENDATION: It is recommended that the City Council:
1) A
dopt Resolution No. 22- 33 adopting a tentatively agreed upon Comprehensive Memorandum of Understanding (MOU) between the City and the Mo ntebello Fire Association (MFA); and
2) Approve a Resolution 22-32 adopting a tentatively agreed upon Comprehensive Memorandum of Understanding between the City and the Montebello Supervisors Association (MSA).

NSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine. Any items a Councilmember wishes to discuss should be designated at this time. All other items may be approved in a single motion. Such approval will also waive the reading of any ordinance.

12. AP
PROVAL OF AMENDMENT NO. 1 TO AGREEMENT NO. 3937 WITH SPORTFIVE GOLF, LLC

FOR ADDITIONAL ARCHI TECTURAL AND ENGINEE RING SERVICES FOR TH E MONTEBELLO

MUNICIPAL GOLF COURSE RENOVATION PROJECT
R
ECOMMENDATION: It is recommended that the City Council:

May 11, 2022: City Council Meeting Page 5 of 7
1) Approve Amendment No. 1 to Agreement No. 3937 with SPORTFIVE Golf, LLC for additional architectural and engineering services in the amount not-to-exceed $188,790; and
2) Authorize the City Manager to execute the amendment on behalf of the City; and 3) Amend the Fiscal Year 2021 -22 budget by increasing appropriations by $188,790 in Account No. 610-99-6040.80 (Golf Course, Engineering Services); and 4) Take such additional, related, action that may be desirable.

13. A
MEND THE FISCAL YEA R 2021- 22 CAPITAL IMPROV EMENT PROGRAM BUDGET FOR

VARIOUS PROJECTS
R
ECOMMENDATION: It is recommended that the City Council:
1) Ame
nd the Fiscal Year 2021 -22 Capital Improvement Program Budget in the Amounts and for the Projects/Accounts Detailed on Attachment A; and 2) Take such additional, related, action that may be desirable.

14. A
PPROVAL OF EXCLUSIVE PERMISSIVE USE & LICENSING AGREEMENT NO. 3982 WITH SAMALJON INC. FOR GRANT REA PARK BATTING CAGES
R
ECOMMENDATION: It is recommended that the City Council:
1) Ap
prove a new Exclusive Permissive Use & Licensing Agreement No. 3982 with Samaljon (“Licensee”); and
2) Authorize the City Manager to execute the Agreement on behalf of the City; and 3) Take such additional, related, action that may be desirable.

15. AP

PROVAL TO SUBMIT APPLICATIO N FOR THE CITIES AND COUNCILS OF GOVERNME NTS INTERIM HOUSING SERVICES (“CCOGIHS”) FUND
R
ECOMMENDATION: It is recommended that the City Council:
1) Ap
prove the submission of the grant application for the Cities and Councils of Governments Interim Housing Services (“CCOGIHS”) Fund; and 2) Take such additional, related, action that may be desirable.

16. AP

PROPRIATION OF GRANT AWARD FUNDS FROM THE CALIFORNIA FIRE FOUNDATION SPRING 2022 GRANT CYCLE
R
ECOMMENDATION: It is recommended that the City Council:
1) Ap
prove the appropriation of $15,000 awarded to the Fire Department by the California Fire Foundation; and
May 11, 2022: City Council Meeting Page 6 of 7
2) Amend the Fiscal Year 2021 -22 budget by increasing appropriations by $15,000 in Account No. 265-85-855-4198 and 265-85-855-6010.60 (Grants, Fire, CA Fire Foundation, Misc Grants [Revenue] and Machinery & Equipment – Personal Protective Equipment [Expenditures]); and
3) Take such additional, related, action that may be desirable.

17. AUTHORIZATION TO ISS UE A REQUEST FOR PRO POSALS (RFP NO. 22-9) FOR CROSSING

GUARD SERVICES

RECOMMENDATION: It is recommended that the City Council:

1) Authorize Staff to issue a Request for Proposals (RFP No. 22 -9) for Crossing Guard Services; and
2) Take such additional, related, action that may be desirable.

18. APPROVAL OF AGREEMENT NO. 3980 WITH THE PUN GROUP, LLP FOR F INANCIAL AUDIT

SERVICES

RECOMMENDATION: It is recommended that the City Council:

1) Approve awarding a professional services agreement for audit services to The Pun Group, LLP (Pun Group), and authorize the City Manager to execute the agreement.

19. PAYMENT OF BILLS: ADOPT RESOLUTION NO. 22-31 APPROVING THE CITY W ARRANT REGISTER OF DEMANDS DATED MAY 11, 2022

RECOMMENDATION: Adopt Resolution No. 22-31 approving the Warrant Register dated May 11, 2022.

AB 1234 TRAVEL REPORTS
Members of the City Council will provide a brief report on meetings attended at the expense of the local agency as required by Government Code Section 53232.3(d).

COUNCIL ORALS
Council member announcements; requests for future agenda items; conference/meetings reports. • Councilmember Peralta
• Councilmember Melendez
a. City Ordinance on illegal fireworks
• Councilmember Torres
a. Request for C ouncil Consensus to add Black History Month and National Donate Life Month to the list of currently Recognized Health and Heritage Months in Montebello. b. Comments on missing monthly financial reports as per Montebe llo Municipal Code §

2.16.020.E
• Mayor Pro Tem Jimenez
May 11, 2022: City Council Meeting Page 7 of 7
• Mayor Cobos-Cawthorne
a. Appointment of Parks and Recreation Commissioner – Frank Jurado Sr. b. Appointment of Planning Commissioner – Edward Franco

ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on May 25, 2022 at 5:00 p.m. which can be live streamed at www.cityofmontebello.com (Click on Live Stream).

I, Alicia Fernandez, Deputy City Clerk for the City of Montebello hereby certify that a copy of this agenda has been posted on or before Sunday, May 8, 2022 5:00 p.m.

_____________________________________________
Alicia Fernandez, Deputy City Clerk

ITEM #____
C

ITY OF MONTEBELLO
CI

TY COUNCIL AGENDA STAFF REPORT
TO
: Honorable Mayor and City Council Members
F
ROM: René Bobadilla, P.E., City Manager
B
Y: Arnold M. Alvarez-Glasman, City Attorney
S
UBJECT: California Voting Rights Act (“CVRA”) – Adoption of Resolution No. 22-34 to Formally Adopt the Final City Council District Map D
ATE: May 11, 2022
RECOMMENDATIONS:

I
t is recommended that the City Council:
1) A
dopt Resolution No. 22-34 (Attachment A) to formally adopt a final City Council district map; and
2) T
ake such additional, related, action that may be desirable.

SCAL IMPACT
N
one.

ACKGROUND
M
ontebello City Council members are currently elected in “at -large” elections, in which each Councilmember is elected by the voters of the entire City. The City received a petition on March 15, 2021 alleging the City’s at-large election system violates the CVRA and requesting that the City voluntarily change its at -large system of electing Councilmembers to a district-based election system.

I
n a by-district election system, a candidate for City Council must live in the district where the candidate wishes to represent, and only the voters of that district are entitled to vote to decide who their representative will be.
10 CITY COUNCIL AGENDA REPORT – MEETING OF MAY 11, 2022 California Voting Rights Act (“CVRA”) – Adoption of Resolution No. 22 -34 to Formally Adopt the Final City Council District Map

Page 2 of 2 ends

DISCUSSION

The CVRA was enacted in 2001 to implement the California constitutional guarantees of equal protection and the right to vote. Under the CVRA, a city is required to hold at least two (2) public hearings prior to the drawing of draft City Council district maps, and at least two (2) public hearings after the draft City Council district maps are drawn.

The City Council has held public hearing s on October 13, 2021, November 13, 2021 , February 9, 2022, February 23, 2022, April 9, 2022, April 23, 2022, and April 27, 2022. At the Special Meeting held on May 2, 2022, City Council unanimously decided to move forward with Demographer Map 3B for final adoption on May 11, 2022.

DATE TYPE OF MEETING LOCATION NOTES
May 11, 2022 Regular Meeting Council Chambers Adopt final map by Resolution
May 12, 2022 Deadline to submit
map to Los Angeles
County Registrar -
Recorder/County
Clerk

SUMMARY

Staff recommends that the City Council adopt Resolution No. 22-34 to formally adopt the final City Council district map.

ATTACHMENTS:

A. Attachment A – Resolution No. 22-34
B. Attachment B – Draft City Council district map(s)

ATTACHMENT A
RESOLUTION NO. 22-34

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MONTEBELLO, CALIFORNIA, ADOPTING A CITY COUNCIL DISTRICT

MAP IN ACCORDANCE WITH THE CALIFORNIA VOTER RIGHTS ACT

AND THE FAIR MAPS ACT

RECITALS

WHEREAS, the City received a petition on March 15, 2021 from Scott J. Rafferty (“Petition”) alleging that the City’s at -large election system violates Elections Code, Sections 14027 and 14028, (the California Voting Rights Act or “CVRA”) and requesting that the City voluntarily change its at -large system of electing Councilmembers through the collaborative process set forth in Elections Code, Section 10010; and

WHEREAS, under the California Voting Rights Act of 2001, district-based elections are required if it can be shown that an at -large election system prevents minority voters from electing their chosen candidate or influencing elections; and

WHEREAS, the City of Montebello desires to ensure the voting rights and fair representation of all of its citizens; and

WHEREAS, in a by-district election system, a candidate for City Council must live in the district where the candidate wishes to represent, and only the voters of that district are entitled to vote to decide who their representative will be; and

WHEREAS, at its meeting on February 9, 2022, the City Council adopted Ordinance No. 2444 establishing the by-district election process of Councilmembers and stating that a final City Council district map would be adopted by Resolution by May 12, 2022; and

WHEREAS, the City Council has held seven (7) public hearings where input regarding draft City Council district maps were received in addition to four (4) map open house events where draft maps were displayed for resident review and comment; and

WHEREAS, the City Council has selected a final City Council district map to be adopted under this Resolution and incorporated by reference into Ordinance No. 2444.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO HEREBY RESOLVES, FINDS, AND DECLARES AS FOLLOWS:

SECTION 1: That the City Council finds and determines that the above recitals are true and correct.

SECTION 2: The City of Montebello City Council district boundaries are hereby established within the City of Montebello as shown by the City Council district boundary map attached hereto and incorporated by reference (Exhibit “A”) which is adopted and established by this Resolution in accordance with Elections Code sections 21601(e). The final City Council district boundary map shall be submitted to Los Angeles County to ensure its implementation in the November 2022 election.

RESOLUTION NO. 22-34

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SECTION 3: That the City Clerk shall certify to the passage and adoption of this Resolution and that the same shall be in full force and effect.

APPROVED AND ADOPTED this 11th day of May 2022.

_______________________________
Kimberly A. Cobos-Cawthorne, Mayor

ATTEST: APPROVED AS TO FORM:

________________________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF MONTEBELLO )

I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 22-34 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeti ng of said Council held on the 11 th day of May 2022
and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

The undersigned, City Clerk of the City of Montebello, does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of said City which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.

DATE:

Christopher Jimenez, City Clerk

• Exhibit A – District Boundary Map
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EXHIBIT A
TOTAL Population: 62,879 Mean Target Population: 12,576 Largest Positive Deviation: 527 Largest Negative Deviation: -611 Overall Range in Deviation: 1,138 Overall Range in Deviation Percentage: 9.05% District TOTAL Population Target Population Target Deviation Target Deviation (%) 1 12,898 12,576 322 2.56 2 12,734 12,576 158 1.26 3 11,965 12,576 -611 -4.86 4 13,103 12,576 527 4.19 5 12,179 12,576 -397 -3.16 Total Population by Race/Ethnicity District Total Population NH White Hispanic NH Black NH Asian NH Other 1 12,898 1,415 10.97% 6,786 52.61% 110 0.85% 4,338 33.63% 249 1.94% 2 12,734 807 6.34% 10,349 81.27% 104 0.82% 1,238 9.72% 236 1.85% 3 11,965 999 8.35% 9,852 82.34% 100 0.84% 867 7.25% 147 1.22% 4 13,103 812 6.20% 11,321 86.40% 52 0.40% 781 5.96% 137 1.04% 5 12,179 440 3.61% 10,869 89.24% 158 1.30% 571 4.69% 141 1.16% Total 62,879 4,473 49,177 524 7,795 910 Citizen Voting Age Population District Total CVAP NH White CVAP Hispanic CVAP NH Black CVAP NH Asian CVAP NH Other CVAP 1 9,561 1,283 13.42% 4,635 48.48% 45 0.47% 3,474 36.33% 124 1.30% 2 8,107 569 7.02% 6,800 83.88% 12 0.15% 635 7.83% 91 1.12% 3 7,145 754 10.55% 5,663 79.26% 208 2.91% 425 5.95% 95 1.33% 4 7,616 706 9.27% 6,474 85.00% 8 0.11% 362 4.75% 66 0.87% 5 6,542 307 4.69% 5,657 86.47% 74 1.13% 494 7.55% 10 0.16% Total 38,971 3,619 29,229 347 5,390 386

ARDA REDISTRICTING
DEMOGRAPHER MAP 2

ATTACHMENT B

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TOTAL Population: 62,879 Mean Target Population: 12,576 Largest Positive Deviation: 450 Largest Negative Deviation: -332 Overall Range in Deviation: 782 Overall Range in Deviation Percentage: 6.22% District TOTAL Population Target Population Target Deviation Target Deviation (%) 1 12,282 12,576 -294 -2.34 2 12,244 12,576 -332 -2.64 3 12,692 12,576 116 0.92 4 12,635 12,576 59 0.47 5 13,026 12,576 450 3.58 Total Population by Race/Ethnicity District Total Population NH White Hispanic NH Black NH Asian NH Other 1 12,282 1,292 10.52% 6,492 52.61% 119 0.97% 4,188 34.10% 191 1.80% 2 12,244 688 5.62% 10,298 84.11% 83 0.68% 977 7.98% 198 1.61% 3 12,692 1,391 10.96% 9,490 74.77% 113 0.89% 1,481 11.67% 217 1.71% 4 12,635 602 4.76% 11,254 89.07% 112 0.89% 526 4.16% 141 1.12% 5 13,026 500 3.84% 11,673 89.61% 97 0.74% 623 4.78% 133 1.03% Total 62,879 4,473 49,177 524 7,795 910 Citizen Voting Age Population District Total CVAP NH White CVAP Hispanic CVAP NH Black CVAP NH Asian CVAP NH Other CVAP 1 8,404 1,029 12.24% 4,125 49.08% 64 0.76% 3,146 37.43% 40 0.49% 2 7,688 468 6.09% 6,828 88.81% 10 0.13% 338 4.40% 44 0.57% 3 8,675 1,265 14.58% 5,864 67.60% 199 2.29% 1,121 12.92% 226 2.61% 4 7,169 517 7.21% 6,282 87.63% 70 0.98% 239 3.33% 61 0.85% 5 7,035 340 4.83% 6,130 87.14% 4 0.06% 546 7.76% 15 0.21% Total 38,971 3,619 29,229 347 5,390 386

ARDA REDISTRICTING
DEMOGRAPHER MAP 3

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TOTAL Population: 62,879 Mean Target Population: 12,576 Largest Positive Deviation: 283 Largest Negative Deviation: -457 Overall Range in Deviation: 740 Overall Range in Deviation Percentage: 5.88% District TOTAL Population Target Population Target Deviation Target Deviation (%) 1 12,119 12,576 -457 -3.63 2 12,859 12,576 283 2.25 3 12,379 12,576 -197 -1.57 4 12,834 12,576 258 2.05 5 12,688 12,576 112 0.89 Total Population by Race/Ethnicity District Total Population NH White Hispanic NH Black NH Asian NH Other 1 12,119 1,344 11.09% 6,379 52.64% 92 0.76% 4,090 33.75% 214 1.76% 2 12,859 758 5.89% 10,585 82.32% 103 0.80% 1,183 9.20% 230 1.79% 3 12,379 1,107 8.94% 9,808 79.23% 119 0.96% 1,161 9.38% 184 1.49% 4 12,834 803 6.26% 11,067 86.23% 52 0.41% 778 6.06% 134 1.04% 5 12,688 461 3.63% 11,338 89.36% 158 1.25% 583 4.59% 148 1.17% Total 62,879 4,473 49,177 524 7,795 910 Citizen Voting Age Population District Total CVAP NH White CVAP Hispanic CVAP NH Black CVAP NH Asian CVAP NH Other CVAP 1 8,609 1,034 12.01% 4,359 50.63% 73 0.85% 3,113 36.16% 30 0.35% 2 8,003 595 7.43% 6,820 85.21% 12 0.15% 518 6.47% 58 0.74% 3 8,103 1,015 12.53% 5,797 71.54% 180 2.22% 891 11.00% 220 2.71% 4 7,451 660 8.86% 6,358 85.33% 8 0.11% 357 4.79% 68 0.91% 5 6,805 315 4.63% 5,895 86.63% 74 1.09% 511 7.51% 10 0.14% Total 38,971 3,619 29,229 347 5,390 386

ARDA REDISTRICTING
DEMOGRAPHER MAP 5

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TOTAL Population: 62,879 Mean Target Population: 10,480 Largest Positive Deviation: 498 Largest Negative Deviation: -495 Overall Range in Deviation: 993 Overall Range in Deviation Percentage: 9.48% District TOTAL Population Target Population Target Deviation Target Deviation (%) 1 10,214 10,480 -266 -2.54 2 10,514 10,480 34 0.32 3 10,659 10,480 179 1.71 4 9,985 10,480 -495 -4.72 5 10,978 10,480 498 4.75 6 10,529 10,480 49 0.47 Total Population by Race/Ethnicity District Total Population NH White Hispanic NH Black NH Asian NH Other 1 10,214 1,038 10.16% 5,116 50.09% 100 0.98% 3,764 36.85% 196 1.92% 2 10,514 547 5.20% 8,794 83.64% 79 0.75% 906 8.62% 188 1.79% 3 10,659 1,218 11.43% 7,780 72.99% 101 0.95% 1,375 12.90% 185 1.73% 4 9,985 923 9.24% 8,165 81.77% 53 0.53% 745 7.46% 99 1.00% 5 10,978 417 3.80% 9,738 88.70% 56 0.51% 660 6.01% 107 0.98% 6 10,529 330 3.13% 9,584 91.02% 135 1.28% 345 3.28% 135 1.29% Total 62,879 4,473 49,177 524 7,795 910 Citizen Voting Age Population District Total CVAP NH White CVAP Hispanic CVAP NH Black CVAP NH Asian CVAP NH Other CVAP 1 7,151 875 12.24% 3,304 46.20% 43 0.60% 2,894 40.47% 35 0.49% 2 6,722 346 5.15% 6,000 89.26% 10 0.15% 323 4.81% 43 0.63% 3 7,563 1,229 16.25% 5,015 66.31% 135 1.79% 994 13.14% 190 2.51% 4 6,864 693 10.10% 5,513 80.32% 85 1.24% 480 6.99% 93 1.35% 5 5,431 151 2.78% 4,872 89.71% 4 0.07% 394 7.25% 10 0.19% 6 5,240 325 6.20% 4,525 86.35% 70 1.35% 305 5.82% 15 0.28% Total 38,971 3,619 29,229 347 5,390 386

ARDA REDISTRICTING
PUBLIC SUBMISSION MAP 5

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TOTAL Population: 62,879 Mean Target Population: 12,576 Largest Positive Deviation: 385 Largest Negative Deviation: -457 Overall Range in Deviation: 842 Overall Range in Deviation Percentage: 6.70% District TOTAL Population Target Population Target Deviation Target Deviation (%) 1 12,777 12,576 201 1.60 2 12,720 12,576 144 1.15 3 12,961 12,576 385 3.06 4 12,302 12,576 -274 -2.18 5 12,119 12,576 -457 -3.63 Total Population by Race/Ethnicity District Total Population NH White Hispanic NH Black NH Asian NH Other 1 12,777 439 3.44% 11,460 89.69% 146 1.14% 563 4.41% 169 1.32% 2 12,720 848 6.67% 10,864 85.41% 113 0.89% 774 6.08% 121 0.95% 3 12,961 1,182 9.12% 10,058 77.60% 86 0.66% 1,431 11.04% 204 1.58% 4 12,302 660 5.36% 10,416 84.67% 87 0.71% 937 7.62% 202 1.64% 5 12,119 1,344 11.09% 6,379 52.64% 92 0.76% 4,090 33.75% 214 1.76% Total 62,879 4,473 49,177 524 7,795 910 Citizen Voting Age Population District Total CVAP NH White CVAP Hispanic CVAP NH Black CVAP NH Asian CVAP NH Other CVAP 1 6,216 338 5.44% 5,324 85.65% 70 1.13% 475 7.64% 9 0.14% 2 7,780 750 9.64% 6,345 81.56% 184 2.36% 380 4.88% 121 1.56% 3 8,734 1,126 12.89% 6,321 72.37% 10 0.11% 1,099 12.58% 178 2.05% 4 7,632 371 4.86% 6,880 90.15% 10 0.13% 323 4.23% 48 0.63% 5 8,609 1,034 12.01% 4,359 50.63% 73 0.85% 3,113 36.16% 30 0.35% Total 38,971 3,619 29,229 347 5,390 386

ARDA REDISTRICTING
DEMOGRAPHER MAP 3B

D1
D2
D3
D4
D5
TOTAL Population: 62,879 Mean Target Population: 12,576 Largest Positive Deviation: 527 Largest Negative Deviation: -611 Overall Range in Deviation: 1,138 Overall Range in Deviation Percentage: 9.05% District TOTAL Population Target Population Target Deviation Target Deviation (%) 1 12,898 12,576 322 2.56 2 12,734 12,576 158 1.26 3 11,965 12,576 -611 -4.86 4 13,103 12,576 527 4.19 5 12,179 12,576 -397 -3.16 Total Population by Race/Ethnicity District Total Population NH White Hispanic NH Black NH Asian NH Other 1 12,898 1,415 10.97% 6,786 52.61% 110 0.85% 4,338 33.63% 249 1.94% 2 12,734 807 6.34% 10,349 81.27% 104 0.82% 1,238 9.72% 236 1.85% 3 11,965 999 8.35% 9,852 82.34% 100 0.84% 867 7.25% 147 1.22% 4 13,103 812 6.20% 11,321 86.40% 52 0.40% 781 5.96% 137 1.04% 5 12,179 440 3.61% 10,869 89.24% 158 1.30% 571 4.69% 141 1.16% Total 62,879 4,473 49,177 524 7,795 910 Citizen Voting Age Population District Total CVAP NH White CVAP Hispanic CVAP NH Black CVAP NH Asian CVAP NH Other CVAP 1 9,561 1,283 13.42% 4,635 48.48% 45 0.47% 3,474 36.33% 124 1.30% 2 8,107 569 7.02% 6,800 83.88% 12 0.15% 635 7.83% 91 1.12% 3 7,145 754 10.55% 5,663 79.26% 208 2.91% 425 5.95% 95 1.33% 4 7,616 706 9.27% 6,474 85.00% 8 0.11% 362 4.75% 66 0.87% 5 6,542 307 4.69% 5,657 86.47% 74 1.13% 494 7.55% 10 0.16% Total 38,971 3,619 29,229 347 5,390 386

ARDA REDISTRICTING
DEMOGRAPHER MAP 3C

D1
D2
D3
D4
D5
TOTAL Population: 62,879 Mean Target Population: 12,576 Largest Positive Deviation: 520 Largest Negative Deviation: -585 Overall Range in Deviation: 1,105 Overall Range in Deviation Percentage: 8.79% District TOTAL Population Target Population Target Deviation Target Deviation (%) 1 12,338 12,576 -238 -1.89 2 13,096 12,576 520 4.13 3 12,600 12,576 24 0.19 4 12,854 12,576 278 2.21 5 11,991 12,576 -585 -4.65 Total Population by Race/Ethnicity District Total Population NH White Hispanic NH Black NH Asian NH Other 1 12,338 1,378 11.17% 6,392 51.81% 99 0.80% 4,232 34.30% 237 1.92% 2 13,096 831 6.35% 10,567 80.69% 115 0.88% 1,336 10.20% 247 1.88% 3 12,600 1,281 10.17% 9,946 78.94% 103 0.82% 1,118 8.87% 152 1.20% 4 12,854 514 4.00% 11,484 89.34% 116 0.90% 579 4.50% 161 1.26% 5 11,991 469 3.91% 10,788 89.97% 91 0.76% 530 4.42% 113 0.94% Total 62,879 4,473 49,177 524 7,795 910 Citizen Voting Age Population District Total CVAP NH White CVAP Hispanic CVAP NH Black CVAP NH Asian CVAP NH Other CVAP 1 9,250 1,213 13.11% 4,432 47.91% 45 0.49% 3,436 37.15% 124 1.34% 2 8,331 636 7.63% 6,921 83.07% 12 0.14% 673 8.08% 89 1.08% 3 8,158 1,098 13.46% 6,206 76.07% 216 2.65% 500 6.13% 138 1.69% 4 6,607 337 5.10% 5,854 88.60% 70 1.06% 321 4.86% 25 0.38% 5 6,625 335 5.06% 5,816 87.79% 4 0.06% 460 6.94% 10 0.15% Total 38,971 3,619 29,229 347 5,390 386

ARDA REDISTRICTING
DEMOGRAPHER MAP 5B

D1
D2
D3
D4
D5
D6
TOTAL Population: 62,879 Mean Target Population: 10,480 Largest Positive Deviation: 498 Largest Negative Deviation: -495 Overall Range in Deviation: 993 Overall Range in Deviation Percentage: 9.48% District TOTAL Population Target Population Target Deviation Target Deviation (%) 1 10,341 10,480 -139 -1.33 2 10,514 10,480 34 0.32 3 10,532 10,480 52 0.50 4 9,985 10,480 -495 -4.72 5 10,978 10,480 498 4.75 6 10,529 10,480 49 0.47 Total Population by Race/Ethnicity District Total Population NH White Hispanic NH Black NH Asian NH Other 1 10,341 973 9.41% 5,457 52.77% 106 1.03% 3,604 34.85% 201 1.94% 2 10,514 547 5.20% 8,794 83.64% 79 0.75% 906 8.62% 188 1.79% 3 10,532 1,283 12.18% 7,439 70.63% 95 0.90% 1,535 14.57% 180 1.72% 4 9,985 923 9.24% 8,165 81.77% 53 0.53% 745 7.46% 99 1.00% 5 10,978 417 3.80% 9,738 88.70% 56 0.51% 660 6.01% 107 0.98% 6 10,529 330 3.13% 9,584 91.02% 135 1.28% 345 3.28% 135 1.29% Total 62,879 4,473 49,177 524 7,795 910 Citizen Voting Age Population District Total CVAP NH White CVAP Hispanic CVAP NH Black CVAP NH Asian CVAP NH Other CVAP 1 7,271 821 11.29% 3,260 44.84% 23 0.32% 3,061 42.10% 106 1.45% 2 6,722 346 5.15% 6,000 89.26% 10 0.15% 323 4.81% 43 0.63% 3 7,443 1,283 17.24% 5,059 67.97% 155 2.08% 827 11.11% 119 1.60% 4 6,864 693 10.10% 5,513 80.32% 85 1.24% 480 6.99% 93 1.35% 5 5,431 151 2.78% 4,872 89.71% 4 0.07% 394 7.25% 10 0.19% 6 5,240 325 6.20% 4,525 86.35% 70 1.35% 305 5.82% 15 0.28% Total 38,971 3,619 29,229 347 5,390 386

ARDA REDISTRICTING
DEMOGRAPHER MAP 5C

D1
D2
D3
D4
D5
D6
TOTAL Population: 62,879 Mean Target Population: 10,480 Largest Positive Deviation: 498 Largest Negative Deviation: -495 Overall Range in Deviation: 993 Overall Range in Deviation Percentage: 9.48% District TOTAL Population Target Population Target Deviation Target Deviation (%) 1 10,183 10,480 -297 -2.83 2 10,514 10,480 34 0.32 3 10,690 10,480 210 2.00 4 9,985 10,480 -495 -4.72 5 10,978 10,480 498 4.75 6 10,529 10,480 49 0.47 Total Population by Race/Ethnicity District Total Population NH White Hispanic NH Black NH Asian NH Other 1 10,183 1,150 11.29% 4,951 48.62% 84 0.82% 3,807 37.39% 191 1.88% 2 10,514 547 5.20% 8,794 83.64% 79 0.75% 906 8.62% 188 1.79% 3 10,690 1,106 10.35% 7,945 74.32% 117 1.09% 1,332 12.46% 190 1.78% 4 9,985 923 9.24% 8,165 81.77% 53 0.53% 745 7.46% 99 1.00% 5 10,978 417 3.80% 9,738 88.70% 56 0.51% 660 6.01% 107 0.98% 6 10,529 330 3.13% 9,584 91.02% 135 1.28% 345 3.28% 135 1.29% Total 62,879 4,473 49,177 524 7,795 910 Citizen Voting Age Population District Total CVAP NH White CVAP Hispanic CVAP NH Black CVAP NH Asian CVAP NH Other CVAP 1 7,522 944 12.55% 3,541 47.07% 45 0.60% 2,962 39.38% 30 0.40% 2 6,722 346 5.15% 6,000 89.26% 10 0.15% 323 4.81% 43 0.63% 3 7,192 1,160 16.13% 4,778 66.43% 133 1.85% 926 12.88% 195 2.71% 4 6,864 693 10.10% 5,513 80.32% 85 1.24% 480 6.99% 93 1.35% 5 5,431 151 2.78% 4,872 89.71% 4 0.07% 394 7.25% 10 0.19% 6 5,240 325 6.20% 4,525 86.35% 70 1.35% 305 5.82% 15 0.28% Total 38,971 3,618 29,229 347 5,390 386 ITEM #____
C

ITY OF MONTEBELLO
CI

TY COUNCIL AGENDA STAFF REPORT
TO
: Honorable Mayor and City Council Members
F
ROM: René Bobadilla, P.E., City Manager
B
Y: Nicholas Razo, Director of Human Resources and Information Technology S
UBJECT: Adopt Resolution No’s. 22-32 and 22- 33 adopting a Memorandum of Understanding between the City and the Montebello Firefighters Association (MFA) and the City and the Montebello Supervisors Association (MSA)
D
ATE: May 11, 2022
RECOMMENDATIONS:

I
t is recommended that the City Council:
1) A
dopt Resolution No. 22-33 adopting a tentatively agreed upon Comprehensive Memorandum of Understanding (MOU) between the City and the Montebello Fire Association (MFA); and
2) Adopt Resolution No. 22-32 adopting a tentatively agreed upon Comprehensive Memorandum of Understanding between the City and the Montebello Supervisors Association (MSA).

ISCAL IMPACT
T
he City of Montebello’s employees are represented by ten (10) different employee associations. Each of these employee associations is comprised of specific job classifications, separated by miscellaneous/non- safety groups and safety groups (i.e., Fire and Police). Salaries, benefits, fringe benefits and other related items are detailed in comprehensive, City Council approved Memoranda of Understanding, one for each group. The MOUs for the MFA and MSA groups expired December 31, 2021. As detailed below, management has been engaged in labor negotiations since November 2021 to discuss successor MOUs.

T
hese negotiations have been focused on salaries – based upon the results of the recently completed, comprehensive Classification and Compensation study. Thi s study 11 CITY COUNCIL AGENDA REPORT – MEETING OF MAY 11, 2022 Adopt Resolution No’s. 22 -32 and 22- 33 adopting a Memorandum of Understanding between the City and the Montebello Firefighters Association and the City and the Monteb ello Supervisors Association

Page 2 of 9 ends

has been requested by every employee association over a number of years. The goal of the study was to review salary and benefits for all Montebello job classifications , compared to an agreed upon “comparator group” of seventeen (17) similar cities. Results from this study were presented to the City Council in summer 2021, and shared with all employee groups in August 2021, including numerous “town hall” meetings held to explain the study and its conclusions.

The Classification and Compensation study indicated that Montebello salaries (i.e., base pay) were behind the market, with the “market” defined as the agreed upon comparator group of similar cities. The study concluded that 83% of positions were more than 5% behind the market. The study found that, on average, Montebello is 21% behind market on the salary ranges of its positions.

Staff presented these findings to the City Council and the various employee associations during the summer of 2021. The intent of this study was to determi ne a path for labor negotiations. Typically, labor negotiations have been approached with a simple, across the board, “cost of living adjustment” (COLA) proposal format. However, as evidenced by the study data, this COLA approach has led to the City being behind the market in the wages offered – with some positions more than 25% behind the market.

Management intended to take a new approach to labor negotiations, with the intent of bringing salary ranges closer to market. This approach required a new way of thinking – moving individual job classifications at different rates (percentages) versus offering an across the board, one-size-fits-all COLA to all positions in an association. The outcome would bring all job classifications to market rates, in addition to the creation of a comprehensive salary schedule.

The benefit of using the Classification and Compensation study data was to bring fairness and equity to labor negotiations. Management presented this approach to the City Council and received direction to bring all salaries “to market” within three years. With this direction from the City Council, Management began labor negotiation discussions in November 2021. The focus for this round of labor negotiations was on base salaries and establishing – for the first time in the City’s history for all positions – a comprehensive salary schedule with defined ranges and steps.

Management presented this approach to the associations through individual meetings (per the meet and confer process), explaining that the focus of negotiations would be on base salaries, with the knowledge that the study indicated health benefits were also behind market. However, as the City continues to work towards fiscal stability, limited resources require the focus on salaries first, with the intent of reviewing health benefits during the next round of successor MOU discussions.

CITY COUNCIL AGENDA REPORT – MEETING OF MAY 11, 2022
Adopt Resolution No’s. 22 -32 and 22- 33 adopting a Memorandum of Understanding between the City and the Montebello Firefighters Association and the City and the Monteb ello Supervisors Association

Page 3 of 9 ends

Through the numerous negotiation meetings, additional fringe benefits were discussed – besides base salaries – and both sides eventually agreed to adjustments in certain non- base salary fringe benefit items. For example, the three non-safety groups (i.e., MCEA, MMMA, and MMPA) with which the City Council ratified MOUs at the April 27, 2022, meeting will begin receiving fixed dollar compensation for Bachelor and Master Degrees.

These groups will also begin receiving “certification pay” for certifications that are not mandated to meet the classification’s minimum job requirement criteria and have an annual or bi-annual renewal process or examination. There is also a change to bilingual pay compensation, which offers up to $150/month for individual s who can successfully demonstrate the ability to read, write and speak a second language.

These additional benefits will be identical for the MSA group’ s MOU, additional monthly compensation for degrees, pay for position enrichment certifications and enhance d bilingual pay. The goal with labor negotiations has been about fairness and equity , as evidenced by all four non-safety groups receiving the same fringe benefit enhancements.

The MFA will see increases in longevity and the addition of State of California and Los Angeles County Emergency Medical Technician ( EMT) license or Emergency Medical Technician-Paramedic license pay. Fire Engineers and Fire Captains will qualify for the incentive to maintain their EMT license or their Paramedic license . Additionally the practice of covering gym costs for employees at full cost continues with the clarification that employees are expec ted to engage in exercise activities once per segment.

Moreover, the City and the MFA tentatively agreed to fully reimbursing these employees for annual paramedic recertification at the full current cost.

The tables below provide an overview and summary of the updates to non- salary fringe benefit items for the employee associations indicated (MSA and MFA):

MSA
Education/Certification Pay$200/month =
Bachelors;
$400/month = Masters
Certification Pay $25/mo per approved
certificate or license
(Up to 2 certs allowed
= $50/mo)
Bilingual Pay$50 - read; $50 - write;
$50 - speak; possible
max $150/month

Page 4 of 9 ends

MFA
Longevity 4%@ 5 years; 7% @
10 years; 10% @ 15
years; 13% @ 20 years
EMT/Paramedic Certification Pay 3% of base pay = EMT;
8% of base pay =
Paramedic
Bilingual Pay$50 - read; $50 - write;
$50 - speak; possible
max $150/month
Paramedic Re-Cert Reimbursement Full cost of paramedic
recertificaiton paid by
City

In general, it is difficult to determine the fiscal impact for the new certification pay being offered to the non- safety groups. Also, since the City currently offers bilingual pay to all employees who successfully pass the testing criteria, the impact of the new three- tier approach will be minimal once fully implemented.

The largest dollar impact of the fringe benefit items will be from the improved longevity pay for the MFA employees, as well as the updated EMT/Paramedic certification pay.

MFA employees’ longevity pay was the following:

• 3% for 10 years
• 4.5% for 15 years
• 6% for 20 years
• 7.5% for 25 years

The improved longevity pay for Firefighters, Fire Engineers and Fire Captains will still be comprised of four tiers, however, the ranges have been lowered to allow longevity to be earned beginning with the fifth year of service (vs. the tenth year) . Also, the percent of base pay amounts have been increased, now topping out at 13% vs. 7.5% (see table above). Currently, longevity pay for MFA employees cost approximately $137,700 per year. The updated proposals would increase this cost to approximately $327,300 per year, an $189,600 increase over twelve months.

The change to longevity for the MFA helps with equity as well as retention and recruitment within the City’s fire service. Lowering the range to allow longevity pay to begin at 5 years (vs. 10) is intended to attract and retain thereby , reducing the need for constant recruitments as firefighters leave to other agencies for improved pay and benefits.

The largest cost increase of the new MOUs is related to base pay. As noted above, City Council provided direction to bring all classifications to market within three years.

Page 5 of 9 ends

Through negotiations, the overwhelming majority of classifications will be at market within two years. Given the expiration of the prior MOUs in December, salary adjustments will be retroactive to January 1, 2022, for both MSA and MFA.

Therefore, there will be salary costs in the current fiscal year for six months of salary adjustments. Furthermore, salary adjustments will then occur the first period of each July, beginning in 2022, then 2023 and finally 2024 (with MOUs expiring June 30, 2025).

The table below summarizes the annual cost, broken out by non- safety (i.e., MSA) and safety (i.e., MFA):

FY 2021-22 FY 2022-23 FY 2023-24 FY 2024-25
MSA $6,557 $8,968 $7,490 $13,819
MFA $62,616 $113,696 $89,570 $89,570
TOTAL $69,173 $122,664 $97,059 $103,388

It should be noted that a portion of the costs associated with the MSA group will be charged to various non-General Fund sources, since some employees in the various non- safety groups charge their time to Local Return Fund, CDBG or other special funds. The budget impacts of these salary adjustments will be analyzed for Fiscal Year 2021-22, and if necessary subsequent City Council action to amend the budget will be recommended.

The FY 2022-23 budget will be built utilizing the updated salary ranges, with the estimated increase to base salaries indicated above accounted for in each department. Budget presentations will be made for FY 2022-23 assuming the projected salary cost increases noted above. Subsequent budgets will be developed with the updated salaries.

In addition to the base salary and fringe benefit improvements, the City and the MFA and MSA employee groups tentatively agreed to two (2) additional paid Holidays: Juneteenth (June 19
th) and Columbus Day/Indigenous People’s Day (2 nd Monday in October). The City will also provide true holiday leave, instead of requiring employees to use their own annual leave for a recognized City holiday. As detailed in each respective MOU document, a holiday leave bank will be provided to each employee. This holiday leave bank increases total leave available to employees , and does not negatively impact their earned vacation accrual.

The Classification and Compensation study also identified that employee leave banks were behind the market. As a remedy, the City proposed to eliminate Annual Leave (AL) and freeze it for members to use during service and or to sell hours during service and at separation. The AL is replaced with vacation and sick leave accruals for all employee groups, in an effort to better align with the market.

Management firmly believes the packages negotiated with the employee groups are fair and equitable. Most importantly, the salary increases will bring the City’s employees up CITY COUNCIL AGENDA REPORT – MEETING OF MAY 11, 2022
Adopt Resolution No’s. 22 -32 and 22- 33 adopting a Memorandum of Understanding between the City and the Montebello Firefighters Association and the City and the Monteb ello Supervisors Association

Page 6 of 9 ends

to market pay rates before the end of the MOU term, as directed by the City Council. This is an important accomplishment that helps with recruitment and retention – two important goals in helping Montebello progress and accomplish more.

The City’s improved financial standing has allowed for the propos ed MOUs to be negotiated and agreed upon. Management feels strongly that the negotiated packages of increased wages and improved fringe benefits are fiscally sustainable, and necessary for Montebello to remain competitive in the public sector labor market.

BACKGROUND

The City of Montebello has ten (10) separate and distinct employee associations. All employees are represented by one of these ten associations – depending upon job classification and whether the position is safety (i.e, Fire or Police) or non-safety. Each employee association has a comprehensive Memorandum of Understanding which governs pay, benefits and other aspects of employment. The most recent set of MOUs expired on December 31, 2021.

Management has been engaged with all employee associations for the past six months in active labor negotiations. In addition, Staff has been meeting with each employee group since the summer of 2021 to discuss the Classification and Compensation study, and its results. The following paragraphs outline the timeline and path taken from the initiation of the Classification and Compensation study through the presentation of successor MOUs.

In April 2020, t he City initiated an RFP and identified an approved vendor to perform a Classification and Compensation study . The City selected Public Sector Personnel Consultants (PSPC) to conduct this study. Additionally, in September 2020, the City met with each employee group to discuss the process for conduc ting the Classification and Compensation study.

The City and employee associations met and conferred on the comparable cities to which the data would be surveyed – the “market” against which Montebello’s salary and benefits would eventually be compared. The employee groups had the opportunity to provide input and agreed to the study and all of its components. Moreover, in October 2020, the City met with the various associations to discuss the data that would be examined. Over the years, most employee groups have requested a Classification and Compensation study be conducted as part of each round of negotiations.

In August 2021, the Human Resources Department met with employee groups to present the findings of the study. The Administration and Human Resources Departments began to prepare for negotiations for the period of January 1, 2022, to June 30, 2025. The current Memoranda for all associations expired December 31, 2021.

Page 7 of 9 ends

In November and December 2021, respectively, the City met with MFA Board President Joel Bonilla and MSA Board President Vanessa Padilla . City Manager René Bobadilla, Assistant City Manager Arlene Salazar, Director of Finance Michael Solorza and the Human Resources Department were in attendance. The City met separately with each employee group and provided a proposal for the successor MOU. The associations were given time to review the proposals and identify questions for clarification and or craft their counter-proposal, with subsequent meetings held as necessary to analyze each proposal and counter-proposal.

The City held multiple labor negotiation meetings and continued the meet and confer process with each employee group over the past six months . During the negotiation meetings, the City provided clarifications for follow up and revised provisions that the groups then took back to their membership for review and ratification. Findings from the Classification and Compensation study were presented, indicating the relative change in pay for each classification, along with describing and explaining the new comprehensive salary schedule. Again, the approach for this round of MOU updates was to bring salary ranges for all classifications to market within three years.

MFA and the Cit y have tentatively agreed to the Comprehensive Memoranda being presented for adoption and the attached draft administrative polices that includes relevant provisions (see also the summary table in “Fiscal Impact” section above):

o Salary increases per the Classification and Compensation study o Longevity
o EMT/Paramedic Certification Pay
o Bilingual Pay
o Paramedic Re-Certification Reimbursement
o Creation of Vacation, Sick and Holiday leave accruals

At this time, the MFA employee group has tentatively agreed that the Comprehensive Memoranda of Understanding being presented for adoption and the attached draft administrative policies accurately identify those items that were tentatively agreed upon and all current active provisions from preceding MOU between the City and the MFA .

These Comprehensive MOU memorialize salary, benefits and related items already included in the MOU currently in effect for these groups.

MSA and the City have tentatively agreed to the Comprehensive MOU being presented for adoption and the attached draft administrative polices that include these provisions:

o Salary increases per the Classification and Compensation study o Education/Certification Incentive Pay
o Bilingual Pay
o Creation of Vacation, Sick and Holiday leave accruals CITY COUNCIL AGENDA REPORT – MEETING OF MAY 11, 2022
Adopt Resolution No’s. 22 -32 and 22- 33 adopting a Memorandum of Understanding between the City and the Montebello Firefighters Association and the City and the Monteb ello Supervisors Association

Page 8 of 9 ends

At this time, the MSA has tentatively agreed that the MOU being presented for adoption and the attached draft administrative policies accurately identify those items that were tentatively agreed upon and all current active provisions from preceding MOU between the City and the MSA. The various Comprehensive MOU memorialize salary, benefits and related items already included in the comprehensive MOU currently in effect for these groups.

The effective dates and term of the proposed updated MOUs are January 1, 2022, through June 30, 2025. The remaining groups that the City continues to meet and confer with are Police Management Association (MPMA), Montebello Police Officers’ Association (MPOA), and Association of Sheet Metal, Air, Rail and Transportation Wor kers – Transportation Division (SMART-TD).

SUMMARY

The City Council have approved MOUs that detail the salary, benefits and related matters of employment for the classifications represented by each group within the City. These MOUs expired December 31, 2021. Management has been engaged in active labor negotiations through the meet and confer process since November 2021. The basis for negotiations has been the results of the Classification and Compensation study completed in the summer of 2021.

Prior to the study being completed, in September 2020, the City met and conferred with MFA and MSA to initiate the Classification and Compensation study. The City successfully engaged in Labor Negotiations, from November 2021 through April 2022, to reach tentative agreements with MFA and MSA for new contract s with terms of January 1, 2022, to June 30, 2025.

The single largest cost item of the new, proposed MOUs is the increase to base salaries.

The City Council previously provided direction to Management to bring all salaries to market rate within three years. The proposed, updated MOU s accomplish this City Council direction, utilizing data from seventeen (17) public agencies to establish the “market” against which Montebello salary ranges were compared.

In addition to updating salary ranges , other fringe benefit items (monetary and non- monetary) were improved and updated as part of the labor negotiation process:
o Longevity
o EMT/Paramedic Certification Pay
o Bilingual Pay
o Paramedic Re-Certification Reimbursement
o Creation of Vacation, Sick and Holiday leave accruals o Education/Certification Incentive Pay
CITY COUNCIL AGENDA REPORT – MEETING OF MAY 11, 2022
Adopt Resolution No’s. 22 -32 and 22- 33 adopting a Memorandum of Understanding between the City and the Montebello Firefighters Association and the City and the Monteb ello Supervisors Association

Page 9 of 9 ends

Implementation of these Memoranda will begin to align the City of Montebello with current market rates to allow the City to better retain and attract employees . The City wor ked diligently to update the MOU provisions to align with the new points of agreement and made a concerted effort to remove any lan guage in the MOUs that was unclear or antiquated. Implementation of the structured salary schedule will also allow for transparency and ease of administration of employee salary increases , and will be the first time in Montebello’s history that a comprehensive salary schedule exists for all classifications.

It is being requested that the City Council approve a Resolution to adopt successor MOUs between the City and the MFA and MSA employee groups to cover the period from January 1, 2022, to June 30, 2025.

ATTACHMENTS:

A. Attachment A – Resolution No. 22-33 Of The City Council Of The City Of Montebello Approving The Comprehensive Memorandum Of Understanding Between The City Of Montebello And The Montebello Firefighters Association For The Period Of January 1, 2022, Through June 30, 2025
B. Attachment B - - Comprehensive Memorandum Of Unders tanding Between City Of Montebello And Montebello Firefighters Association
C. Attachment C – Resolution No. 22-32 Of The City Council Of The City Of Montebello Approving The Comprehensive Memorandum Of Understanding Between The City Of Montebello And The Montebello Supervisors Association For The Period Of January 1, 2022, Through June 30, 2025
D. Attachment D – Comprehensive Memorandum Of Understanding Between City Of Montebello And Montebello Supervisors Association
E. Attachment E – Structured Salary Schedule

ATTACHMENT A
RESOLUTION NO. 22-33

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MONTEBELLO APPROVING A COMPREHENSIVE MEMORANDUM OF

UNDERSTANDING AND THE TERMS AND CONDITIONS OF

EMPLOYMENT AFFECTING THE DESIGNATED MONTEBELLO

FIREFIGHTERS ASSOCIATION (MFA) EMPLOYEES FOR THE PERIOD OF JANUARY 1, 2022 THROUGH JUNE 30, 2025

RECITALS

WHEREAS, the City of Montebello values the work of all its employees and seeks to maintain fair and mutually beneficial terms and conditions of employment for the good of the City and the employees, and

WHEREAS, representatives of the City and representatives of the bargaining unit named above have met, conferred, and negotiated in good faith regarding wages, hours and working conditions. As a result of such good faith negotiations, the City and the MFA have developed the Comprehensive Memorandum of Understanding (MOU) attached here (ATTACHMENT B).

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO HEREBY RESOLVES, FINDS, AND DECLARES AS FOLLOWS:

SECTION 1: The MOU between the City of Montebello and the MFA dated January 1, 2022 through June 30, 2025 and attached is hereby approved.

SECTION 2: That the City Clerk shall certify to the passage and adoption of this Resolution and that the same shall be in full force and effect.

APPROVED AND ADOPTED this 11th day of May 2022.

_______________________________
Kimberly A. Cobos-Cawthorne, Mayor

ATTEST: APPROVED AS TO FORM:

________________________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney

RESOLUTION NO. 22-33

Page 2 of 2 ends

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF MONTEBELLO )

I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 22-33 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeti ng of said Council held on the 11 th day of May 2022
and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

DATE:

Christopher Jimenez, City Clerk

ATTACHMENT B

MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF MONTEBELLO

AND THE
MONTEBELLO FIREFIGHTERS’ ASSOCIATION

FOR JANUARY 1, 2022 THROUGH JUNE 30, 2025

TABLE OF CONTENTS Page
PREAMBLE …………………………………………………………………………………………………………. 1
ARTICLE I IMPLEMENTATION……………………………….………………………………………………… 1 Section A. TERM……………………………………………………………………………………………….. 1 Section B. RECOGNITION……………………………………………………………………………………. 1 Section C. PROVISIONS OF LAW AND SEVERABILITY CLAUSE…………………………………….. 1 Section D. INCORPORATION OF CITY CODE, RULES, AND POLICIES……………………………... 1 Section E.

Section F.

CITY DEDUCTIONS AND DUES………………………………………………………………...

FULL UNDERSTANDING, MODIFICATION AND WAIVER…………………………………. 2 2
ARTICLE II COMPENSATION…………………………………………………………………………………. 2 Section A. SALARY PROVISIONS…………………………………………………………..………………. 2 Section B. MOVE UP PAY………………………………..…………………..………………………………. 3 Section C. PARAMEDIC BONUS – FIREFIGHTER………………………………………………….…….. 4 Section D. PARAMEDIC RECERTIFICATION PROGRAM……….……………………………………… 4 Section E. UNIFORM/EQUIPMENT ALLOWANCE………………………………………………………. 4 Section F. BEREAVEMENT…………….…………………………………………………………………… 4 Section G. CERTIFICATE PAY IN RANK………………………………………………………………….. 4 ARTICLE III RETIREMENT…………………………………………………………………………………….. 4 Section A. CALPERS RETIREMENT TIERS………………………………………………………………. 4 Section B. EMPLOYEE CONTRIBUTIONS TO CALPERS………………………………………………. 5 ARTICLE IV POST RETIREMENT BENEFIT PROVISIONS……………………………………………….. 5 Section A. RETIREE HEALTH BENEFITS………………………………………………………………… 5 Section B.

Section C.

TRUST ACCOUNT…………………………………………………………………………….…
LEVEL 3 SURVIVOR BENEFIT…………………………………………………………….…..
7 7
ARTICLE V MISCELLANEOUS PROVISIONS………………………………………………………………. 7 Section A. GYM MEMBERSHIP………………………………………………………………………………. 7 Section B. CONFERENCE ATTENDANCE…………………………………………………………………. 7 Section C. MINIMUM OPERATING STATIONS, APPARATUS AND RELATED STAFFING………… 8 Section D. PROMOTIONAL EXAMS…………………………………………………………………………. 8

Section E. 48/96 WORK SCHEDULE………………………………………………………………….…….. 8 Section F. ASSOCIATION MEETINGS……………………………………………………………….……... 8 Section G. RECALL…………………….…………………………………………………………………….… 8 Section H. OSHA REGULATIONS…………………………………………………………………………… 8 Section I. DAILY FOOD SUPPLIES……….………………………………………………………………... 8 Section J.

Section K.

Section L.

Section M.

UNIT WORK SCHEDULES………………………………………………………………….…....

MANAGEMENT RIGHTS……………………………………………………………………….…
AVOIDANCE OF INEQUITIES………………………………………………………………..…..

SHARED AGREEMENT CLAUSE…………………………………………..………………..…
9 9
9 9
ARTICLE VI LEAVE BANKS………………………….……………………………………..………………...... 9 Section A. ANNUAL LEAVE DISCONTINUATION……………………………………………………….… 9 Section B. VACATION LEAVE ACCRUAL………………………………………………………………….. 10 Section C. SICK LEAVE ACCRUAL…………………………………………………...…………………….. 11 Section D. HOLIDAY BANK…………………………………………………………………………………… 12 Section E. CTO BANK…………………………………………………………………………………………. 14 ARTICLE VII EFFECTIVE DATE AND TERM OF AGREEMENT……………………………………………. 14 APPENDIX A CITY POLICY – BILINGUAL PAY……………………………………………………………... 15 APPENDIX B CITY POLICY – BEREAVEMENT LEAVE ……………………………………………….….. 18 APPENDIX C CITY POLICY – LONGEVITY PAY…………………………………………………………….. 20 APPENDIX D CITY POLICY – EDUCATIONAL REIMBURSEMENT PROGRAMS………………………. 31 APPENDIX E CITY POLICY – EMPLOYEE COMPENSATION AND BENEFITS………………………… 33 APPENDIX F CITY POLICY – EDUCATION INCENTIVE…………………………………………………… 37

THE CITY OF MONTEBELLO FIREFIGHTERS’ ASSOCIATION

1 PREAMBLE
Pursuant to Government Code Section 3500 et seq., representatives of the City of Montebello (“City”) have met and conferred in good faith with representatives of the Montebello Firefighters' Association (MFA) , and have reached an agreement to recommend that the City Council take the actions identified in t his comprehensive Memorandum of Understanding (hereafter either "Memorandum," "MOU" or "Agreement”). Upon ratifi cation of this Comprehensive MOU by majority vote of the bargaining unit membership as well as adoption by the City Council, all terms and conditions set forth herein shall become binding. This Comprehensive MOU supersedes Resolution 21-68 adopted by the City Council on July 28, 2021, except as otherwise modified herein, existing wages, hours and other terms and conditions of employment shall remain in full force and effect.

ARTICLE I - IMPLEMENTATION

SECTION A TERM
Period Covered: 3 ½ (three and one-half) years. From 1/1/2022 to 6/30/2025.

SECTION B RECOGNITION
The Montebello Firefighters' Association (MFA) is the exclusive represe ntative of the employees within the classifications of Fire Captain, Fire Engineer, and Firefighter for the purpose of meeting and conferring over wages, hours, and terms and conditions of employment.

SECTION C PROVISIONS OF LAW AND SEVERABILITY CLAUSE
Except as modified herein, all relevant federal, state, and local laws apply. Should any provisions of this MOU be found to be in violation of any law, rule or regulation, the remaining provisions will remain in full force and effect for the duration of this MOU.

SECTION D INCORPORATION OF CITY CODE, RULES, AND POLICIES This MOU memorializes changes in terms and conditions for members of the bargaining unit as well as modifications of certain existing City codes, rules, and policies.

Incorporation of prior MOU’s references to City code, rules, and policies have been adop ted during “Meet and Confer” sessions and shall be considered adopted by reference in this MOU specifically the following City policies which are attached as appendices to the MOU:
a. 2.060.590 Bilingual Pay
b. 2.060.565 Bereavement Leave
c. 2.060.227 Longevity Pay
d. 2.060.517 Educational Reimbursement Programs
e. 2.060.504 Employee Compensation and Benefits
f. 2.060.528 Education Incentive Pay
THE CITY OF MONTEBELLO FIREFIGHTERS’ ASSOCIATION

2 Unless the parties mutually and voluntarily agree to do so, neither party shall be obligated to negotiate over matters covered by, or within the scope of, this Agreement, during the term of this Agreement.

SECTION E CITY DEDUCTIONS AND DUES
The City agrees to conduct dues deductions.

SECTION F FULL UNDERSTANDING, MODIFICATION AND WAIVER
It is the purpose of this Memorandum of Understanding to promote and provide for harmonious relations, cooperation and understanding between Management and the employees covered by this Memorandum; to provide an orderly and equitable means of resolving any misunderstandings or differences which may arise under this Memorandum; and to set forth the understanding of the parties reached as a result of good faith negotiations regarding wages, hours and other terms and conditions of employment covered by this Memorandum. This Memorandum of Understanding memorializes the terms and conditions for members of the bargaining unit as well as modifications of other existing City rules and policies. All other City rules, policies, and regulations shall be considered incorporated, by refere nce, in this MOU. Unless the parties mutually and voluntarily agree to do so, neither may be obligated to negotiate over matters covered by this Agreement or over other matters within the scope during the term of this Agreement.

ARTICLE II - COMPENSATION

SECTION A SALARY PROVISIONS

1. PLACEMENT ON NEW SALARY MATRIX
Positions covered under this MOU shall be placed on the new salary range (number) as follows, effective on the dates noted below.

Members covered under this MOU will be placed at the appropriate Step, within the new salary range as noted in the tables below that is closest to their current rate of pay at the time of City Council approval of this MOU, without being less than their current rate of pay.

Effective January 01, 2022:

Position New Range Number New Annual Salary Range
Firefighter 34 $75,175 - $93,883
Fire Engineer 40 $87,179 - $108,875
Fire Captain 46 $101,101 - $126,262
* See salary matrix attached

THE CITY OF MONTEBELLO FIREFIGHTERS’ ASSOCIATION

3 Effective the first full pay period of July 2022:

Position New Range Number New Annual Salary Range
Firefighter 35 $77,054 - $96,230
Fire Engineer 40 $87,179 - $108,875
Fire Captain 46 $101,101 - $126,262
* See salary matrix attached

Effective the first full pay period of July 2023:

Position New Range Number New Annual Salary Range
Firefighter 35 $77,054 - $96,230
Fire Engineer 40 $87,179 - $108,875
Fire Captain 46 $101,101 - $126,262
* See salary matrix attached.

 No employee will have their rate of pay decreased upon implementation of the new salary ranges.

 Annual performance increases will remain on schedule for unit members who meet department expectations on their performance evaluation.

o Management reserves the right to increase an employee’s salary by one (1) or two (2) steps based on their performance evaluation. Any increase beyond two (2) steps must be authorized by the City Manager within the adopted salary range.

2. COST OF LIVING ADJUSTMENT (COLA)

Effective the first full pay period of July 2024, unit employees in all classifications shall receive a two percent (2.0%) salary adjustment.

Effective the first full pay period of July 2024:

Position Range Number Salary Range with 2% COLA
Firefighter 35 $78,595 - $98,154
Fire Engineer 40 $88,923 - $111,053
Fire Captain 46 $103,123 - $128,787
* See salary range scale attached.

SECTION B MOVE-UP PAY
An employee assigned to and acting in a classification higher than the employee's regularly assigned classification shall receive a premium pay of ten percent ( 10%) for the hours assigned to that higher classification. The premium pay will be calculated on the base rate of pay.

THE CITY OF MONTEBELLO FIREFIGHTERS’ ASSOCIATION

4 SECTION C PARAMEDIC BONUS - FIREFIGHTER
Paramedic Bonus is fifteen percent (15%) above firefighter pay upon accreditation by the Los Angeles Department of Health Services. Upon pr omotion to the position of Fire Engineer, a Firefighter who is receiving a paramedic bonus will be appointed at the salary step in the Fire Engineer range which is one step below the step held in the Firefighter range. To ensure no loss in pay, the differe nce between the salary step in the Engineer’s range and his/her previous Firefighter base pay plus paramedic bonus will continue to be provided as a bonus until a salary step increase is granted, i.e. at least eighteen (18) months.

SECTION D PARAMEDIC RECERTIFICATION PROGRAM
Effective January 1, 2022, the City agrees to reimburse the MFA members the current cost of recertification fees for the California State Paramedic license. Paramedic recertification bonus to be paid every two years upon successful completion of the recertification process.

SECTION E UNIFORM/EQUIPMENT ALLOWANCE

The City agrees to provide a total uniform/equipment allowance to unit members of seven hundred fifty dollars ( $750) annually. Paid during the second (2 nd) pay period in Aug ust each year.

SECTION F BEREAVEMENT

The City ensures that bereavement leave is counted as hours worked for purposes of calculating overtime.

SECTION G CERTIFICATE PAY IN RANK

Effective January 1, 2022, Fire Engineers and Fire Captains who possess and maintain their California / Los Angeles County Department of Health Services certifications shall be eligible to receive the following non-stackable incentives:

Certificate/License Incentive
EMT 3% of base rate
or
Paramedic

8% of base rate

ARTICLE III - RETIREMENT

SECTION A CALPERS RETIREMENT TIERS

The City offers a defined retirement benefit plan through the California Public Employees’ Retirement System (“CalPERS”). There are two (2) tiers of the retirement benefit plan depending on date of hire and/or status as “new member”, as defined by Government Code, which define the employee contribution/cost sharing as follows:

THE CITY OF MONTEBELLO FIREFIGHTERS’ ASSOCIATION

5 1. Retirement Tier 1: Employees hired prior to January 1, 2013 or who are not “new members” under the California Public Employees’ Pension Reform Act of 2013 (“PEPRA”), Gov. Code § § 7533, et seq. These employees are also referred to as “Classic CalPERS Members.”
The current retirement formula is 3% at 50.

2. Retirement Tier 2: Employees Hired on or after January 1, 2013 and who are defined by the Public Employees’ Pension Reform Act (PEPRA) as “new members” The current retirement formula is 2.7% at 57

SECTION B EMPLOYEE CONTRIBUTIONS TO CALPERS

1. Classic CalPERS Members (as defined by CalPERS):

Classic CalPERS Member s pay the 9% employee contributions toward their CalPERS pension. Each Classic CalPERS unit member shall also contribute an additional ( 3%) of the employee member contribution of pensionable income to CalPERS for a total obligation by each Classic CalPERS unit member of (12%).

2. CalPERS (PEPRA) Members (as defined by CalPERS):

New CalPERS (PEPRA) unit members, including each newly hired unit member, shall continue to pay their obligatory "half the actuarial normal cost" of their pension benefit (as determined and regularly adjusted by CalPERS). The current normal cost obligation for each PEPRA unit member is 12.25%, with potential mandated upward adjustments thereafter as determined annually by CalPERS actuarial valuation process. The City is prohibited by PEPRA from paying any portion of the member contribution for PEPRA members.

ARTICLE IV- POST RETIREMENT BENEFIT PROVISIONS

SECTION A RETIREE HEALTH BENEFITS

Full-time unit members hired prior to April 22, 2019:

The City agrees to continue to provide the Retiree Health Benefit, with qualifying prerequisites, terms and provisions as previously agreed to in the Memorandum of Understanding between the City and MFA for the 2008 Re-Opener negotiations, to all full- time unit members hired prior to the date this Tentative Agreement is adopted by the City Council. The terms and eligibility requirements remain as follows:
a. The Retiree Health Benefit will be paid to eligible members throughout the employee’s lifetime or until the employee qualifies for Medicare under the federal Social Security Act.

THE CITY OF MONTEBELLO FIREFIGHTERS’ ASSOCIATION

6 b. The Retiree Health Benefit will not apply to the employee’s survivors.

c. To be eligible, the unit member:
i. Must currently be employed as an active full-time safety unit member of MFA; ii. Must be at least 50 years of age (no m inimum age require ment for disability retirement)
iii. Must retire directly from the City of Montebello;
iv. Must have at least 15 full-time years of active City service at the time of service retirement (the 15 years does not have to be the result of contiguous employment however, the employee’s last five years of employment immediately prior to retirement must be as an active, full-time employee of the City), or at least 10 full years of active City service at the time of disability retirement.

d. The monthly retir ee benefit will be determined by the number of full years of City service multiplied by $25.00. The maximum benefit allowable will be calculated at 25 years of active City service. The retiree benefit for qualified disability retirement will be calculated in the same manner as for service retirements.

Examples of calculations are as follows: 15 years of City service multiplied by $25.00 = $375 per month; 25 years of City service multiplied by $25.00 = $625 per month, which is the maximum benefit allowable.
e. The monthly amount payable will be reduced by any amount paid by the City on the retiree’s behalf toward medical insurance or any amount required to be paid by the City for any local, state, or deferral government retirement or medical plan or law.

f. The re tiree will begin receiving the monthly retiree benefit beginning the month following one full month of retirement. The retiree benefit will be paid throughout the retired employee’s lifetime or until the employee qualified for Medicare under the federal Social Security Act.

g. The City will issue a warrant to the retired employee on a monthly basis for the amount of retiree benefit paid to the employee. These amounts will be considered taxable to the retiree. Retired employees may enroll in any health plan of their choice or may choose not to enroll in a health plan at their discretion.

Full-time unit members hired after April 22, 2019:

All full-time unit members hired after April 22, 2019 shall only, commencing the month following one full month of retiremen t, receive the minimum employer health premium contribution as prescribed by Government Code section 22892 of the Public Employees’ Medical and Hospital Care Act (PEMHCA). The retiree must be and remain enrolled in an eligible health benefit plan in order for the City to be obligated to pay the prescribed premium.

SECTION B TRUST ACCOUNT
THE CITY OF MONTEBELLO FIREFIGHTERS’ ASSOCIATION

7 The City agrees to establish a trust account to be used toward the cost of healthcare coverage for eligible retired members after qualification of Medicare. The trust accou nt will consist of a contribution of one percent (1%) of regular salaries, not including overtime, to be deposited per payroll cycle. The Retiree Health Benefit will continue after Medicare eligibility at the same level as pre-Medicare eligibility. The benefit will be paid throughout the employee’s lifetim e and will not apply to the employees’ survivors. The one percent (1%) salary contribution will be counted toward compensation for purposes of salary survey comparisons.

If trust assets, at any fiscal year end, are less than three (3) times the current annualized benefits due, the City will meet and confer with the Fire Association.

SECTION C LEVEL 3 SURVIVOR BENEFIT
The City agrees to pay the cost of the CalPERS Level 3 Survivor benefit.

ARTICLE V - MISCELLANEOUS PROVISIONS

SECTION A GYM MEMBERSHIP
The City agrees to provide access to a gym facility at no cost to MFA members. It shall be mandatory for all MFA members to attend the provided gym facility at least once during each segment for a minimum of one hour and engage in exercise activities unless there are mitigating or unforeseen circumstances that prevent such attendance. MFA members are required to submit a gym usage report on a quarterly basis to the Fire Chief.

SECTION B CONFERENCE ATTENDANCE
The City shall provide the Association a total of no more than fifty (50) paid leave hours per fiscal year and with a cost not to exceed seven thousand dollars ($7,000) per fiscal year for identified Association members to attend any of the conferences identified below. The seven thousand dollars ($7,000) includes the cost of backfilling for any conference attendee without regard to classification.

Any attendance at a conference pursuant to this provision must be requested at least 30 days in advance and approved by the Fire Chief. The City retains t he right to deny approval for a member to attend a conference if it is in the best interest of the City and/or Fire Department, including the need to address staffing and scheduling issues. The Parties agree that an Association member’s attendance at a co nference pursuant to this provision is strictly for the benefit of the member and the Association, and is not for the benefit of the City.

Any paid leave hours to attend a conference under this provision shall not be subject to the payment of overtime compensation, nor shall such leave time contribute towards hours worked for purposes of the calculation of overtime.

Eligible conferences: International Affiliate Leadership Training, California Professional Firefighters Leadership Training, Biennial conventi on, District Meetings, Legislative THE CITY OF MONTEBELLO FIREFIGHTERS’ ASSOCIATION

8 Conference, California State Firefighter Association Annual Conference, and County Federation Monthly meeting.

SECTION C MINIMUM OPERATING STATIONS, APPARATUS AND

RELATED STAFFING
Article 1, Minimum Manning, in the 2008 -2009 MOU between parties is hereby eliminated.

There shall be no contractual or other obligation by the City to staff or operate any particular number of fire stations and/or to operate any number of apparatus in any fire station.

Additionally, there shall be no contractual or other obligation providing for a minimum number of employees/staff being assigned to staff fire stations and/or apparatus within an operating station. Thus, there shall be no contractual or other obligation regarding what is commonl y referred to as “minimum staffing” or “minimum manning”.

SECTION D PROMOTIONAL EXAMS
The City agrees to give ninety (90) days prior notice to the Montebello Firefighters’ Association before conducting promotional exams for Fire Safety positions.

SECTION E 48/96 WORK SCHEDULE
The City agrees to maintain the current 48/96 work schedule.

SECTION F ASSOCIATION MEETINGS
City agrees to allow Association Board Members to conduct their business meetings as long as there is no interruption to Department operations. The Fire Chief as the authority to “fill behind” the Association President when necessary. Both the City and the Association will comply with Administrative Policy V-B-6, which outlines the Employer-Employee Relations Rules.

SECTION G RECALL
The minimum number of hours for recall time is four (4) hours.

SECTION H OSHA REGULATIONS
City recognizes Federal and State OSHA regulations regarding the “two-in, two-out” rule and the City is working toward compliance.

SECTION I DAILY FOOD SUPPLIES
The amount allocated for food supplies is six dollars ( $6.00) per day per person for meal supplies. This food allowance is paid to the Department twice annually for the months January –June and July - December.

SECTION J UNIT WORK SCHEDULES

THE CITY OF MONTEBELLO FIREFIGHTERS’ ASSOCIATION

9 1. Members of this unit may be assigned to the following work schedules dependent on organizational need.

a. 48 On/96 Off Work Schedule
b. 4/10 Work Schedule

2. Work Schedule Changes

Work schedule changes shall require a minimum of fourteen (14) calendar days’ notice, except in the case of an emergency as determined by management.

SECTION K MANAGEMENT RIGHTS
Nothing in this agreement shall be construed to prohibit the City from exercising all management rights and prerogatives except those expressly waived in this agreement. The City has all rights to manage the City including the establishing of rules, directives and orders except those expressly waived by this agreement. It is recognized that, except as expressly provided in this agreement, the City shall retain whatever rights and authority are necessary for it to operate and direct affairs of the City in all of its various aspects, including but not limited to the right to direct the working forces; to plan, direct and control operations and services of the City; to determine the methods, means, organization and number of personnel by which such operations and services are to be conducted; to assign and transfer employees; to schedule working hours and to assign overtime; to determine whether goods or services should be made or purchased; to hire, promote, suspend, discipline, or discharge in compliance with Firefighters Bill of Rights (FBOR) and general employment law; to make and enforce.

SECTION L AVOIDANCE OF INEQUITIES
The City Manager shall possess the authority to promote equity and equality, directly and indirectly, to reduce instances of poverty. The authority of the City Manager shall e ncompass but not limited: to adjustment of the distribution of unequal and/or unjust resources and opportunities among employees of City of Montebello, to treat people uniquely by public policy to compensate for different circumstances, to adjust pay increases wherein inequity is present, to boost social cohesion and reduce political conflict.

SECTION M SHARED AGREEMENT CLAUSE
Nothing in this Agreement shall limit the Parties' ability to mutually agree, in writing, to implement different terms than those provided in this Agreement.

ARTICLE VI – LEAVE BANKS

SECTION A ANNUAL LEAVE DISCONTINUATION
Effective one full pay-period after the adoption of this MOU annual leave banks will be frozen and accruals will cease. All MFA members will begin accruing the vacation/holiday/sick leave banks in lieu of annual leave as outlined in this MOU.

THE CITY OF MONTEBELLO FIREFIGHTERS’ ASSOCIATION

10 Employees shall have the option of converting accrued Annual Leave to cash on an hour for hour basis subject to the following: To cash out Annual Leave hours, an employee must make an irrevocable election on or before December 31st of each calendar year, in order to receive cash for Annual Leave hours in the following calendar year. The accrued Annual Leave hours cash out will only be given to those employees who have made the affirmative election on or before the deadline by completing a form provided by the Finance Department. Employees will receive the cash out once per year, on the regular pay date, during the first full pay period in January.

Frozen Annual Leave:

During the initial Annual leave cash out an employee must make an irrevocable election on or before December 31st to be paid out during the first full pay period in January 2023. The optional election to cash out up to one hundred twenty (120) hours of Annual Leave shall be paid out at the member’s current base rate plus incentives.

Effective December 2023, and thereafter, in no event shall the total Annual Leave hours cashed out exceed eighty (80) hours per year. The annual optional election to cash out up to eighty (80) hours of Annual Leave shall be paid out at the member’s current base rate plus incentives.

Annual Leave can be used upon approval by the Director/Chief based on the needs of the department.

Upon separation from the City, remaining annual leave hours will be paid out to the employee at the member’s current base rate of pay.

SECTION B VACATION LEAVE ACCRUAL

1. Accrual and Cap: Employees covered under this MOU shall accrue vacation leave and shall have a maximum vacation accrual cap in the amounts listed below. Vacation hours shall not be accrued in excess of the annual accrual Cap based on years of service.

YEARS EMPLOYED
(MONTHS)

ACCRUAL PER

PAY PERIOD
ANNUAL

ACCRUAL

ACCRUAL CAP
0 – 5 yrs (0 – 60 months)

5.54 144 hours 372 hours
5 – 10 yrs (61 – 120 months)

7.85 204 hours 372 hours
10-15 yrs (121 – 180 months)

8.31 216 hours 372hours
16 yrs (181 – 192 months)

8.77 228 hours 372 hours
17 yrs (193 – 204 months)

9.23 240 hours 372 hours
18 yrs (205 – 216 months)

9.69 252 hours 372 hours
19 yrs (217 months & thereafter) 10.15 264 hours 372 hours

THE CITY OF MONTEBELLO FIREFIGHTERS’ ASSOCIATION

11 2. Cash Out of Vacation Leave: Employees shall have the option of converting accrued Vacation Leave to cash on an hour for hour basis subject to the following: To cash out Vacation Leave hours, an employee must make an irrevocable election on or before December 31st of each calendar year, in order to receive cash for Vacation Leave hours in the following calendar year.

The accrued Vacation Leave hours cash out will only be given to those employees who have made the affirmative election on or before the deadline by completing a form provided by the Finance Department. Employees will receive the cash out once per year, on the regular pay date, during the first full pay period in January.

All members with a minimum of eighty (80) hours of Vacation leave may elect to cash out up to forty (40) hours annually. The annual optional election to either cash out or to convert up to forty (40) hours of Vacation Leave to the City’s Deferred Compensation 457 plan shall be paid out at the member’s current base rate.

Other Rules:
 Vacation hours shall not be accrued in excess of the annual accrual Cap based on years of service.  An employee shall not be eligible to take annual vacation leave during the same year it is earned (CSR&R Rule XII, Section 214,i)
o City agrees to amend this Rule when CSR&Rs are updated.  Accrued vacation leave will be paid out at separation at the employee’s current base rate of pay.  Vacation hours will be considered hours worked when computing overtime.

SECTION C SICK LEAVE ACCRUAL

1. Accrual and Cap: Employees covered under this MOU shall accrue sick leave and shall have a maximum sick leave accrual cap in the amounts listed below.

ACCRUAL PER PAY PERIOD ANNUAL ACCRUAL SOFT ACCRUAL CAP

5.54 144 2080

2. Sick leave may be utilized for:
 Personal illness or injury of the employee;
 Authorized emergency leave; Serious illness or injury of the employee's spouse, state registered domestic partner, or child, parents, siblings, grandparents, any of which that re side in the unit employee’s residence (in accordance with Labor Code §§ 233);  Cases of quarantine;
 Where exposure to contagious diseases would endanger the health of other employees.

Other Rules:

Sick leave may be taken in increments of one-half (1/2) hour or more.

Sick leave may not be used for disapproved vacation leave.

For absences of over two (2) days, a medical certificate from a qualified physician may be required.

12 prior to employee’s scheduled shift/start time. In an emerg ency, the employee shall report to their supervisor as soon as the situation reasonably allows.

Sick leave hours used per 14 day pay period cycle will not be counted as time worked toward the calculation of overtime. When Sick leave hours are used, overtime hours will be paid at the rate of 1.0 until the amount of sick leave hours (one for one) used has been met, at which time any additional hours in the 14 day period cycle will be paid at the rate of 1.5.

For Example: A member uses 12 hours of sick leave and works 14 hours of overtime in the 14 day pay period cycle. 12 hours will be paid at the rate of 1.0, and the additional 2 hours will be paid at the rate of 1.5.

Sick leave hours over the soft accrual cap of two thousand eighty (2080) will be paid out at the rate of half (½) the current base rate of pay during the first (1st) pay period in January.

After sick leave has been exhausted, employee may use earned vacation

SICK LEAVE CASH OUT OPTIONS AT SEPARATION

Upon separation of employment, the City will contribute one hundred percent ( 100%) of a unit employee’s unused Sick Leave balance to a 401(a) plan at the normal age of retirement and at the maximum contribution limit amount set by the IRS. Upon reaching th e maximum amount set by the IRS in a calendar year the City will pay out the remaining balance to the employee at their current base rate of pay.

AND

Sick Leave Conversion to Service Credit:

In accordance with Government Code Section 20965, the City will continue the process to evaluate the cost to amending its retirement contract with CalPERS to include the Sick Leave Conversion Benefit.

Upon amendment, employees would have the option to convert any Sick Leave hours not contributed to the 401 (a) plan to CalPERS service credit upon retirement from the City of Montebello.

SECTION D HOLIDAY BANK
Effective the first full pay period after the City Council’s adoption of this MOU, unit employees will receive a prorated bank of holiday hours, based on their work schedules (as stated below), for the remaining holidays occurring this calendar year.

Holiday Hour Bank Accrual/Cash Out
156 (56-hour work week members/ 13
hours per holiday)
Automatic cash out second (2nd) pay period in
January of each calendar year
120 (40-hour work week members/ 10
hours per holiday)

Holidays

1. NEW YEAR’S DAY - January 1st

2. MARTIN LUTHER KING, Jr. DAY- Third Monday in January THE CITY OF MONTEBELLO FIREFIGHTERS’ ASSOCIATION

13 3. PRESIDENT’S DAY- Third Monday in February

4. MEMORIAL DAY- Last Monday in May

5. JUNETEENTH - June 19th

6. INDEPENDENCE DAY- July 4th

7. LABOR DAY- First Monday in September

8. COLUMBUS DAY/INDEGINOUS PEOPLE’S DAY- Second Monday in October

9. VETERAN’S DAY- November 11th

10. THANKSGIVING DAY- Fourth Thursday in November

11. DAY AFTER THANKSGIVING - Fourth Friday in November

12. CHRISTMAS DAY - December 25th

Annual Holiday Bank

In the pay period containing January 1st of each year, a holiday bank shall be established for each unit employee based on the employee’s work scheduled hours for each full holiday, which occur during the calendar year.

Employees entering the unit during the calendar year shall have a pro-rated holiday bank established that contains all designated holidays remaining in the calendar year following their effective date of hire or entry into the unit.

Employee’s whose regular schedule work-day occurs on an observed holiday may use their holiday hours at the discretion of the managing department, subject to department rules and guidelines.

Cash Out of Remaining Holiday Hours
 During the second (2nd) pay period in January of each calendar year, each unit employee shall receive a cash payment, for all remaining time in their holiday bank from the previous calendar year, at the current base pay plus all incentives.

There shall be no carryover of any unused holiday hours from one calendar year to another.

Observation of Holidays (4/10 workweek members)
 Designated holidays falling on a Monday through Thursday shall be observed by the City on the actual date of the designated holiday.
 Designated holidays falling on a Friday, Saturday or Sunday those hours will be banked to each employee’s holiday bank for use upon request and approval or cashed out during the second (2nd) pay period in January, if unused.

Employees Separating from the City
 Employees who leave City employment shall be paid a pro-rata amount of unused holiday time.

The separating employee shall be paid all unused holiday hours equivalent to the number of recognized City holidays that occur between January 1st and the date of the employee’s separation, at the current base rate of pay.
 Holiday hours will be considered hours worked when computing overtime.

 In order to receive holiday pay an employee shall work or have approved leave tim e off on their last scheduled shift immediately preceding the holiday, and their first scheduled shift immediately after the holiday.

THE CITY OF MONTEBELLO FIREFIGHTERS’ ASSOCIATION

14 If the member is off on their last scheduled shift immediately preceding the holiday, or their first scheduled shift immediately after the holiday, and it is an unapproved leave request, the member will not be eligible for holiday

SECTION E COMPENSATORY TIME OFF (CTO) BANK
The maximum nu mber of compensatory time off (C TO) hours that may be accumulated by MFA members is two hundred forty (240) hours.

ARTICLE VII - EFFECTIVE DATE AND TERM OF AGREEMENT
This MOU shall be of no force and effect unless or until adopted by City Council. If adopted, the term of this MOU shall be for three and one -half years (3 ½). From 1/1/2022 To 6/30/2025.

Joel Bonilla Date
Montebello Firefighters’ Association President

René Bobadilla Date
City Manager

APPENDIX A

City of Montebello, California
Policy & Procedures Manual

15 2.060.590 Bilingual Pay

Purpose
The purpose of this policy is to provide compensation guidelines for City employees that provide bilingual services to the residents and customers of the City of Montebello. This policy applies to only full-time employees.

Policy
It is the policy of the City to identify employees in positions designated as bilingual by the Director of Human Resources , that require, as a condition of employment, the performance of verbal and written bilingual skills, shall be entitled to Bilingual pay.

A. The City has identified and approved through demographical data the need for providing bilingual services in the following languages: Spanish, Russian, Chinese, Armenian, Korean, or Sign Language.

B. The Human Resources Department has identified and approved positions and level of required fluency in the second language that meet the operational needs of the City and its citizens.

C. The Human Resources Department shall contract with a third-party vendor to provide a testing system for compensating employees based on City needs.

Procedure
A. Employees must submit in writing a request to test for Bilingual Pay.

B. Employee must pass a bilingual proficiency test, in addition to any other job-related test requirement for a position.

C. Testing:

1. Bilingual proficiency will be determined by standardized competency test s contracted through a third-party vendor by Human Resources.

2. The Human Resources Department will communicate with the Department when an employee has passed the competency test, the employee’s

APPENDIX A

City of Montebello, California
Policy & Procedures Manual

16 Department will submit a personnel action form for the incentiv e pay to begin on the 1st of the next month.

D. Compensation: Compensation shall be based on Bargaining Unit agreements:

Prior to May 2022:

Bargaining Unit Monthly Incentive
Montebello Firefighters’ Association $100
Montebello Fire Management Association $100
Montebello Police Officers’ Association $100
Montebello Police Management Association $100
Montebello Supervisors’ Association $80
Montebello Mid-Management Association $70
Montebello City Employees’ Association $80
Montebello Management Professionals’
Association
$80
Un-represented full-time $80

Effective July 1, 2022:

The Bilingual incentive will be based on the following criteria, and compensation for successfully passing an assessment for each (one language only):
o Speaking - $50.00 per month
o Writing - $50.00 per month
o Reading - $50.00 per month

APPENDIX A

City of Montebello, California
Policy & Procedures Manual

17 A. Staff currently receiving the bilingual incentive do not have to test again, unless they want to upgrade to the new three -pronged criteria and earn the increased compensation as outlined above.

B. Bilingual incentive will be calculated into overtime compensation when applicable.

C. Bilingual incentive pay will be reported as Special Compensation to CalPERS as applicable.

D. Administration: The Human Resources Department is responsible for administering the Bilingual Pay Policy. The Human Resources Department responsibilities shall also include a periodic review and report on the number and location of positions designated as bilingual.

(Revised: 04/27/2022)

APPENDIX B

City of Montebello, California
Policy & Procedures Manual

18 2.060.565 Bereavement Leave
Purpose
The purpose of this policy is to provide guidelines for the use of leave associated with bereavement of an immediate family member.

Policy
It is the policy of the City to provide “Bereavement Leave” to full-time city employees to attend to the details of, and to grieve the death of an immediate family member.

A. “Immediate family member” shall mean the employee’s parent, sibling, mother-in- law, father-in-law, spouse or registered domestic partner , child, grand parent, grandchild (including “Step” family members).

B. Full-time City employees shall be eligible to utilize up to 3 workdays /1-full fire safety personnel shift of bereavement leave annually, that will not be charged against their accrued annual or sick leave.

C. In the event more than one request for use of bereavement leave per annuum is requested by a full-time employee, their request to utilize up to 3 workdays/1-full fire safety personnel shift may be approved.

1. In this event, the affected employee shall utilize either annual or sick leave they have accrued.

2. If the affected employee does not have sufficient accrued hours banked, they may be granted the leave without pay.

D. Part-time employees may be granted bereavement leave without pay following the same criteria as that of full-time employees.

Procedure
A. It shall be the responsibility of the affected employee to immediately notify their immediate supervisor of the need to utilize bereavement leave.

1. The immediate supervisor shall complete the necessary documentation to facilitate the use of bereavement leave.

APPENDIX B

City of Montebello, California
Policy & Procedures Manual

19 2. The immediate supervisor shall ensure the appropriate authorities are notified of the leave notification.

B. Upon return of the affected employee, any additional documentation an d signatures shall be obtained.

C. In the event additional hours are requested, the affected employee shall make the request in writing providing the reasons for such need.

1. Upon receiving the request for additional hours, the immediate supervisor shall forward the request to the appointing authority with their recommendation.

2. Use of accrued annual or sick hours shall be utilized for any additional hours requested above the allotted bereavement leave.

Montebello Fire Management Association 48 hours/1 shift (Fire Battalion Chief & Deputy Fire Chief)
30 hours (Fire Marshal)
Montebello Firefighters’ Association 48 hours/1 shift
Montebello Police Management
Association
30 hours
Montebello Mid-Management Association 30 hours
Montebello Supervisors Association 30 hours
Montebello Police Officers’ Association 30 hours
Montebello City Employees’ Association 30 hours
Montebello Management Professionals’
Association
30 hours
Non Represented Full Time 30 hours

(Revised: 04/27/22)

APPENDIX C

City of Montebello, California
Policy & Procedures Manual

20 2.060.227 Longevity Pay

Purpose
The purpose for longevity pay is to recognize long -term service employees that work for the City of Montebello.

Policy
The City will pay the agreed upon amount for longevity pay as adopted by City Council.

Procedure
Each department will keep track of their employees’ d ates of service and eligibility for longevity pay. The department will issue a personnel action form to the Human Resources Department to reflect the start of eligibility and each increase to the longevity pay tier based on the employees’ collective bargaining agreement.

MONTEBELLO POLICE MANAGEMENT ASSOCIATION

A. For longevity purposes only, the following shall count as LAW ENFORCEMENT SERVICE:

a. For full- time City of Montebello employees who are in either the MPMA unit or the MPOA unit as of July 1, 2019, all continuous service as an active, full -time City of Montebello law enforcement department member, whether sworn or unsworn, plus any verifiable prior lateral s continuous service as an active, full -time sworn police, police supervisory, or police management unit member, shall count toward years of longevity.

b. For MPMA unit members who join the MPMA unit on or after July 1, 2019 without prior continuous service as an active, full -time City of Montebello law enforcement department member, only verifiable prior lateral continuous service as a full - time sworn

APPENDIX C

City of Montebello, California
Policy & Procedures Manual

21 police, police supervisory, or police management unit member s hall count toward years of longevity.

B. Considering the definition of LAW ENFORCEMENT SERVICE in paragraph 4. A., beginning with the first pay period of the seventh (7th) year of continuous, aggregate active LAW ENFORCEMENT SERVICE, and continuing throug h the completion of the unit member's 11 th year of continuous, aggregate active LAW ENFORCEMENT SERVICE, an MPMA unit member shall receive 4% of his/her B ase Salary as Longevity Pay (which shall be reported to CalPERS as special pay) in addition to the unit member's Base Salary. Aggregate active service time shall not include any overlapping service time (i.e. service time cannot count twice for overlapping time periods).

C. Considering the definition of LAW ENFORCEMENT SERVICE in paragraph 4.A., beginning with the first pay period of the twelfth (12th) year of continuous, aggregate active LAW ENFORCEMENT SERVICE, and continuing through the completion of the unit member's 19th year of continuous, aggregate active LAW ENFORCEMENT SERVICE, an MPMA unit member shall receive 7% of his/her Base Salary as Longevity Pay (which shall be reported to CalPERS as special pay) in addition to the unit member' s Base Salary. Aggregate active service time shall not include any overlapping service time (i.e. service time cannot count twice for overlapping time periods).

D. Considering the definition of LAW ENFORCEMENT SERVICE in paragraph 4.A, beginning with the first pay period of the twentieth (20 th) year of continuous, aggregate active LAW ENFORCEMENT SERVICE, and contin uing through the completion of the unit member' s 25th year of continuous, aggregate active LAW ENFORCEMENT SERVICE, an MPMA unit member shall receive 10% of his/ her Base Salary as Longevity Pay (which shall be reported to CalPERS as special pay) in addition to the unit member's Base Salary. Aggregate active service time shall not include any overlapping service time i.e. service time cannot count twice for overlapping time periods).

APPENDIX C

City of Montebello, California
Policy & Procedures Manual

22 E. Considering the definition of LAW ENFORCEMENT SERVICE in paragraph 4.A , beginning with the first pay period of the twenty sixth (26th) year of continuous, aggregate active LAW ENFORCEMENT SERVICE, and continuing through the MPMA unit member's remaining years of full - time City MPMA unit service, an MPMA unit member shall receive 13% of his/ her Base Salary as Longevity Pay (which shall be reported to Ca1PERS as special pay) in addition to the unit member's Base Salary. Aggregate active service time shall not include any overlapping service time (i.e. service time cannot count twice for overlapping time periods).

MONTEBELLO FIRE MANAGEMENT ASSOCIATION

Effective the first (1st) full pay period after MOU adoption, for full-time City of Montebello employees who are in the MFMA unit, all continuous service as an active, full -time City of Montebello fire service sworn, plus any verifiable prior Lateral continuous service with another fire service agency as an active, full-time sworn firefighter, firefighter paramedic, fire engineer, fire captain, or fire battalion chief shall count toward years of longevity.

Effective the first (1st) full pay period after MOU adoption, Longevity pay shall consist of:

A. A (4%) base salary increase at the completion of five (5) years aggregate active service as a full-time City of Montebello sworn fire personnel unit member which the unit member shall continue to receive through the completion of the unit member's 10th year.

B. The (4%) base salary increase shall be increased to a (7%) base salary increase at the completion of ten (10) years aggregate active service as a full-time City of Montebello sworn fire personnel unit member which the unit member shall continue to receive through the completion of the unit member's 15th year.

C. The (7%) base salary increase shall be increased to a (10%) base salary increase at the completion of fifteen (15) years aggregate active service as a full - time City of

APPENDIX C

City of Montebello, California
Policy & Procedures Manual

23 Montebello Sworn personnel unit member which the unit member shall continue to receive through the completion of the unit member's 20th year.

D. The (10%) base salary increase shall be increased to a (13%) base salary increase at the completion of twenty (20) years aggregate active service as a full -time City of Montebello sworn personnel unit member which the unit member shall continue to receive for the unit member's remaining years of full - time City sworn personnel unit member service.

MONTEBELLO MID-MANAGEMENT ASSOCIATION

A. Beginning the first pay period after June 26, 2019, each MMMA unit member with ten (10) years of aggregate full- time City service shall be eligible for longevity pay. Longevity pay shall consist of a base salary pay increase at the following eligibility benchmarks and shall not be cumulative:

After 10 years of full- time service 1. 5 % base salary increase After 15 years of full- time service 2. 5 % base salary increase After 20 years of full- time service 3. 5 % base salary increase After 25 years of full-time service 5. 0 % base salary increase

B. A one and half (1.5%) percent base salary increase at the completion of ten (10) years of aggregate full-time City service which the unit member shall continue to receive through the completion of the unit member's 14th year.

C. A two and a half (2.5%) percent base salary increase at fifteen (15) years of aggregate full-time City service which the unit member shall continue to receive through the completion of the unit member's 19th year.

APPENDIX C

City of Montebello, California
Policy & Procedures Manual

24 D. A three and a half (3. 5%) percent base salary increase at twenty (20) years of aggregate fulltime City service which the unit member shall continue to receive through the completion of the unit member's 24th year.

E. A five (5.0%) percent base salary increase at twenty five (25) years of aggregate full - time City service and the unit member shall continue to receive thereafter.

MONTEBELLO SUPERVISORS’ ASSOCIATION

A. Beginning the first pay period after May 15, 2019, each MSA unit member with ten (10) years of aggregate full- time City service shall be eligible for longevity pay. Longevity pay shall consist of a base salary pay increase at the following eligibility benchmarks and shall not be cumulative:

C. A two and a half (2.5%) percent base salary increase at fifteen (15) years of aggregate full- time City service which the unit member sha ll continue to receive through the completion of the unit member's 19th year.

D. A three and a half (3. 5%) percent base salary increase at twenty (20) years of aggregate full- time City service which the unit member shall continue to receive through the completion of the unit member's 24th year.

APPENDIX C

City of Montebello, California
Policy & Procedures Manual

25 E. A five (5.0%) percent base salary increase at twenty five (25) years of aggregate full - time City service and the unit member shall continue to receive thereafter.

MONTEBELLO CITY EMPLOYEES’ ASSOCIATION

A. Beginning the first pay period after April 22, 2019, each MCEA unit member with ten (10) years of aggregate full- time City service shall be eligible for longevity pay. Longevity pay shall consist of a base salary pay increase at the following eligibility benchmarks and shall not be cumulative:

After 10 years of full- time service 1.5 % base salary increase After 15 years of full- time service 2.5 % base salary increase After 20 years of full- time service 3.5 % base salary increase After 25 years of full-time service 5.0 % base salary increase

C. A two and a half (2.5%) percent base salary increase at fifteen (15) years of aggregate full- time City service which the unit member shall continue to receive through the completion of the unit member's 19th year.

D. A three and a half (3. 5%) percent base salary increase at twent y (20) years of aggregate full-time City service which the unit member shall continue to receive through the completion of the unit member's 24th year.

APPENDIX C

City of Montebello, California
Policy & Procedures Manual

26 E. A five (5.0%) percent base salary increase at twenty five (25) years of aggregate full - time City service and the unit member shall continue to receive thereafter.

MONTEBELLO FIREFIGHTERS’ ASSOCIATION

For longevity purposes only, the following shall count as LATERAL SWORN FIRE SERVCE:

For full-time City of Montebello employees who are in the MFA unit all continuous service as an active, full-time City of Montebello fire service sworn, plus any verifiable prior Lateral continuous service with another fire service agency as an ac tive, full -time sworn firefighter, firefighter paramedic, fire engineer, or fire captain shall count toward years of longevity.

Each unit member with five (5) years aggregate service as a full-time sworn Fire Service unit member shall be eligible for longevity pay. Thereafter, each unit member who attains five (5) years aggregate service as a full-time firefighter shall be eligible for longevity pay.

Longevity pay shall consist of:

Effective the first (1st) full pay period after MOU adoption, Longevity pay shall consist of:

APPENDIX C

City of Montebello, California
Policy & Procedures Manual

27 C. The (7%) base salary increase shall be increased to a (10%) base salary increase at the completion of fifteen (15) years aggregate active service as a full - time Cit y of Montebello Sworn personnel unit member which the unit member shall continue to receive through the completion of the unit member's 20th year.

D. The (10%) base salary increase shall be increased to a (13%) base salary increase at the completion of tw enty (20) years aggregate active service as a full -time City of Montebello sworn personnel unit member which the unit member shall continue to receive for the unit member's remaining years of full -time City sworn personnel unit member service.

MONTEBELLO POLICE OFFICERS’ ASSOCIATION

Current longevity rates, and definitions of qualifying law enforcement service for purpose of longevity, shall be modified as follows, effective July 1, 2019:

A. For longevity purposes only, the following shall count as LAW ENFORCEMENT SERVICE:

a. For full - time City of Montebello employees who are in the MPOA unit as of July 1, 2019, all continuous service as an active, full - time City of Montebello law enforcement department member, whether sworn or unsworn, plus any verif iable prior lateral continuous service as an active, full -time sworn police, police supervisory, or police management unit member, shall count toward years of longevity.

b. For MPOA unit members who join the MPOA unit on or after July 1, 2019 without prior continuous service as an active, full-time City of Montebello law enforcement department member, only verifiable prior lateral continuous service as a full- time sworn police, police supervisory, or police management unit member shall count toward years of longevity.

APPENDIX C

City of Montebello, California
Policy & Procedures Manual

28 B. Considering the definition of LAW ENFORCEMENT SERVICE in paragraph 4. A. beginning with the first pay period of the seventh (7th) year of continuous, aggregate active LAW ENFORCEMENT SERVICE, and continuing through the c ompletion of the unit member's 1 1th year of continuous, aggregate active LAW ENFORCEMENT SERVICE, an MPOA unit member shall receive 4% of his/her Base Salary as Longevity Pay (which shall be reported to CalPERS as special pay) in addition to the unit member's Base Salary. Aggregate active service time shall not include any overlapping service time (i.e. service time cannot count twice for overlapping time periods).

C. Considering the definition of LAW ENFORCEMENT SERVICE in paragraph 4. A., beginning with the first pay peri od of the twelfth (12th) year of continuous, aggregate active LAW ENFORCEMENT SERVICE, and continuing through the completion of the unit member’s 19th year of continuous, aggregate active LAW ENFORCEMENT SERVICE, an MPOA unit member shall receive 7% of his/ her Base Salary as Longevity Pay (which shall be reported to CaIPERS as special pay) in addition to the unit member's Base Salary. Aggregate active service time shall not include any overlapping service time (i.e. service time cannot count twice for overlapping time periods).

D. Considering the definition of LAW ENFORCEMENT SERVICE in paragraph 4.A, beginning with the first pay period of the twentieth (20th) year of continuous, aggregate active LAW ENFORCEMENT SERVICE, and continuing through the complet ion of the unit member's 25th year of continuous, aggregate active LAW ENFORCEMENT SERVICE, an MPOA unit member shall receive 10% of his/ her Base Salary as Longevity Pay (which shall be reported to CalPERS as special pay) in addition to the unit member's Base Salary. Aggregate active service time shall not include any overlapping service time i.e. service time cannot count twice for overlapping time periods).

E. Considering the definition of LAW ENFORCEMENT SERVICE in paragraph 4.A, beginning with the first pay period of the twenty sixth (26th) year of continuous, aggregate active LAW ENFORCEMENT SERVICE, and continuing through the unit member's

APPENDIX C

City of Montebello, California
Policy & Procedures Manual

29 remaining years of full-time City MPOA unit service, an MPOA unit member shall receive 13% of his/her Base Salary as Longevity Pay (which shall be reported to CaIPERS as special pay) in addition to the unit member's Base Salary. Aggregate active service time shall not incl ude any overlapping service time (i.e. service time cannot count twice for overlapping time periods).

FULL-TIME NON-REPRESENTED EMPLOYEES
MONTEBELLO MANAGEMENT PROFESSIONALS’ ASSOCIATION

A. Effective April 28, 2019, each non -represented full-time employee with ten (10) years of aggregate full -time City service shall be eligible for longevity pay.

Longevity pay shall consist of a base salary pay increase at the following eligibility benchmarks and shall not be cumulative:

After 10 years of full- time service 1.5 % base salary increase After 15 years of full- time service 2.5 % base salary increase After 20 years of full- time service 3.5 % base salary increase After 25 years of full-time service 5.0 % base salary increase

D. A three and a half (3. 5%) percent base salary increase at twenty (20) years of aggregate fulltime City service which the unit member shall continue to receive through the completion of the unit member's 24th year.

APPENDIX C

City of Montebello, California
Policy & Procedures Manual

30 E. A five (5.0%) percent base salary increase at twenty five (25) years of aggregate full - time City service and the unit member shall continue to receive thereafter.

(Revised: 04/27/2022)

APPENDIX D

City of Montebello, California
Policy & Procedures Manual

31 2.060.517 Education Reimbursement Program

Purpose:

To define who and under what circumstances City employees may receive education reimbursement and to outline the procedure by which reimbursement may be obtained.

Policy:

A. Applications for education reimbursement must be from full -time, non -temporary, employees of the City. (Probationary employees will be considered eligible.) B. Course(s) selected must be of such a nature that it benefits the City and better enables the employee to carry out present duties and will prepare the employee for increased responsibilities and/or promotion. (An employee seeking a college degree will be eligible for reimbursement for those courses that qualify them for such degree.

However, the declared major must have reasonable relevance to the job.) C. Courses other than those qualifying for reimbursement under paragraph B may be approved for reimbursement under this policy with the prior approval of the Director of Human Resources and the City Administrator upon submission of justification by the Appointing Authority. However, costs associated with non -classroom thesis production courses are not subject to reimbursement.

D. Employees desiring reimbursement must attend such courses on their own time after work hours and must complete the course with a passing grade of at least "C" or equivalent.

E. Reimbursement will be made for tuition at rates specif ied in H below, books, fire certification, lab fees, and all other fees required to take a class or classes. Student body fees will be included; however, parking fees are excluded from reimbursement.

F. Should an employee separate from the City's service within one year after beginning any course reimbursed by the City, the cost of such course will be deducted from the employee's last paycheck. The Director of Human Resources shall be responsible for informing the Finance Department of any such amounts to be deducted.

APPENDIX D

City of Montebello, California
Policy & Procedures Manual

32 G. Approval will be limited to courses taken at accredited universities, state colleges and community colleges, approved correspondence courses, high school and adult education, technical and vocational schools.

H. Employees may attend any accredited or other institution approved by the City Manager or designee. However, education reimbursement rates are based on current California State University rates. A cap of $1,500 per fiscal year will be granted to each eligible employee, with the exception of members of the Montebello Police Officers’ Association who’s members have an annual maximum of $2,000.

I. Employees scheduled by the City to take specialized courses or special seminars on work time will not be subject to the requirements of this policy.

Procedure:

A. In order for an employee to be eligible to receive reimbursement for tuition, fees and books, or fire certification by the State Fire Marshal, he/she must acquire prior approval of the course(s) from the Department Head, the Director of Human Resources and City Manager by submitting the Course Approval Form. This form shall be returned to the Department Head upon approval by the Director of Human Resources and the City Manager.

B. Upon receiving verification of enrollment and grade or certification, with receipts for tuition and books or for fire certification, the Department Head will submit the Educational Reimbursement Application to the Director of Human Resources with the approved Course Approval Form and a Request to Issue a Warrant made out to the employee receiving the reimbursement. Documentation must be submitted within two months of class completion.

C. Upon timely receipt of these materials, the Director of Human Resources shall have the responsibility for processing the claim for reimbursement.

APPENDIX D

City of Montebello, California
Policy & Procedures Manual

33 (Prior Policy #V-B-25, 07/01/73; AUTHORITY: C/ADMIN)

(Revised: 07/28/21)

APPENDIX E

City of Montebello, California
Policy & Procedures Manual

33 2.060.504 Employee Compensation and Benefits

Purpose
Is to provide a description of the City’s employee compensation and benefits packages.

Policy
It is the policy of the City to recognize the significant role that its workforce plays in fulfilling its public service mission. The City recognizes that maintaining a competitive compensation system is critical to its goal of delivering public services to its citizens.

Therefore, the City strives to provide compensation for its employees to attract qualified applicants, retain employees who are equally committed to public service, and motivate employees to maintain the highest standards of performance.

A. With this goal in mind, the City shall compensate employees in accordance with decisions made by Council as budgets are set. Pay for positions are subject to the annual budgetary process and current employee organization MOU’s; and as such, may be subject to increase, reduction, or status quo maintenance for fixed time periods.

B. TOTAL COMPENSATION PHILOSOPHY: The City is committed to providing a range of public services to its citizens by fostering an environment that embraces respect for the worth of each employee and to pursue the same towards its total compensation package that includes salary and benefits. The City’s philosophy is consistent across units with practices that may differ to meet the unique needs of division, department, employee classific ations and performance. The City’s total compensation package is guided by the following principles:

1. The City’s total compensation package shall be reviewed against appropriately defined labor markets.

2. The City’s total compensation package shall comply with all applicable state and federal laws.

3. Salaries are managed through a simple, clear program that is consistent with the City’s strategic and organizational objectives.

APPENDIX E

City of Montebello, California
Policy & Procedures Manual

34 C. The Council reserves the right to make budget adjustments, and consequently direct pay adjustments during the budget year in order to manage their fiscal responsibilities or deal with unforeseen circumstances that justify or require changes to City expenditures.

Procedure
A. Compensation (Salary) Schedules: All employee classifications shall receive a salary that is approved by City Council resolution each fiscal year.

B. Benefits: In coordination with employee organizations MOU’s, funding abilities, state and federal laws, and the City’s total compensation philosophy, the following benefits are afforded to the full-time employees of the City of Montebello:

C. HEALTH INSURANCE THROUGH PEMHCA
a. The City and the Association agree to contract for health benefits coverage through the Public Employees’ Retirement System under the Public Employees’ Medical Health Care Act (PEMHCA) Section 22751 et seq. of the Government Code.

D. HEALTH INSURANCE CITY CONTRIBUTION
a. Effective March 27, 2008, the City will contribute the following amounts toward full-time employees’ medical, dental & vision insurance:

COVERAGE TOTAL CITY

CONTRIBUTION)
1 Party Full coverage
2 Party $840.00
3 Party $1,090.00

b. Part-time employees who have become eligible for CalPERS membership and have worked 1000 hours in a fiscal year:

APPENDIX E

City of Montebello, California
Policy & Procedures Manual

35 i. The contribution toward hourly EE's insurance who were eligible before 7/1/92 will be at the rate needed to fully pay 1 party coverage in the plan selected by the EE. For hourly EE who became eligible for insurance on or after 7/1/92 the City contribution toward the insurance package will be at the rate needed to pay 50% of one party coverage in the plan selected by the employee. [Res. 97-109] E. Medical Insurance Opt-out Incentive
a. An opt-out incentive is afforded to full -time and those hourl y employees, who have benefits and were hired prior to 8/11/92, who decline the City's medical, dental and vision insurance package.
b. Proof of medical coverage elsewhere will be required annually to continue participation in the cash incentive program.
c. The monthly Medical Insurance Opt-Out incentive is $350.00 d. The monthly Medical Insurance Opt-Out incentive shall be computed when calculating overtime as applicable.
e. The monthly Medical Insurance Opt -Out incentive shall be reported as Special Compensation to CalPERS as applicable.
f. Employees who have an alternative source of health insurance must provide minimum essential health coverage pursuant to the U. S. Patient Protection and Affordable Care Act ( ACA), and cover both the employee and all individuals in t he employee' s expected tax family, if any. During open enrollment or as otherwise required by the City, the employee must each year provide the City with an attestation or other reasonable documentation, subject to the City's approval confirming such alte rnate coverage. According to the ACA, the City must not make payment if the City knows that the employee or family member does not have the alternative coverage.

APPENDIX E

City of Montebello, California
Policy & Procedures Manual

36 (Revised: 03/21/95; 07/28/21)

APPENDIX F

City of Montebello, California
Policy & Procedures Manual

37 2.060.528 Education Incentive Pay

Purpose
The Education Incentive Pay program rewards employees who take the initiative to increase their job worth by gaining job-related knowledge, behaviors, and personal and professional skills to significantly enhance their value to their department and the City.

Policy
The City will pay the agreed upon amount for education as agreed upon by City Council resolution.

Procedure
The department will issue a personnel action form to the Human Resources Department to reflect the start of eligibility and the monthly amount based on the employees’ collective bargaining agreement.

MONTEBELLO POLICE MANAGEMENT ASSOCIATION

The City agrees to provide education incentive pay as follows:

Degree or Certificate Compensation
A.A. or Intermediate POST $250/month
B.A./B.S. or Advanced POST $400/month

The above education incentive pay shall not be compounded if an employee holds more than one of the above qualifying degrees or POST (Peace Officer Standards and Training) certificates. Instead, the total amount of educational incentive pay for possessing any of the above qualifying degrees or certificates shall be capped at the amount associated with the highest qualifying degree or certificate possessed.

The City also agrees to establish a supplemental educational incentive pay for those employees that possess a supervisory or management POST certificate as follows:

Supervisory Certificate $150/month
Management Certificate $150/month

This supplemental educational incentive pay for possessing a supervisory and/or management POST certificate shall be in addition to any educational incentive pay earned for possessing one of the qualifying degrees or POST certificates as set forth above.

APPENDIX F

City of Montebello, California
Policy & Procedures Manual

38 MONTEBELLO FIRE MANAGEMENT ASSOCIATION

Effective the first pay period after MFMA ratification and City Council adoption of this MOU, the City agrees to provide an education incentive to unit members as follows and such incentives shall supersede and replace previous education incentives provided to unit members:

A. $ 250/ month for Firefighter 1 Certificate or AA/AS or 60 units B. $ 400/ month for Firefighter II Certificate or BA/ BS or 120 units C. $ 600/ month for Company Officer Certificate

The aforementioned education incentives shall not be stackable or cumulative. The unit MFMA member is entitled to a maximum of one education incentive at a time.

MONTEBELLO POLICE OFFICERS’ ASSOCIATION

The City agrees to increase education incentive pay as follows:

DEGREE OR CERTIFICATE INCREASE FROM INCREASE TO
A.A. or Intermediate POST $150/month $250/month
B.A./B.S. or Advanced POST $300/month $400/month

Supervisory $150/month

The above educational incentive pay shall not be compounded if an employee holds more than one of the above qualifying degrees or POST (Peace Officer Standards and Training) certificate.

Instead, the total the total amount of educational incentive pay for possessing any of the above qualifying degrees or certificates shall be capped at the amount associated with the highest qualifying degree or certificate possessed.

The City also agrees to establish a supplemental educational incentive pay for those employees that possess a supervisory POST certificate in the amount of $150/month. This supplemental educational incentive pay for possessing a supervisory POST certificate shall be in addition to any educational incentive pay earned for possessing one of the qualifying degrees or certificates as set forth above.

MONTEBELLO CITY EMPLOYEES’ ASSOCIATION

MONTEBELLO MID-MANAGEMENT ASSOCIATION
MONTEBELLO SUPERVISORS’ ASSOCIATION
MONTEBELLO MANAGEMENT PROFESSIONALS’ ASSOCIATION

UNREPRESENTED FULL-TIME EMPLOYEES

Full-time employees in the MCEA, MMMA, MSA, MMPA AND Unrepresented Full-time employees will receive an education incentive based on the highest completed degree. Degree incentive is not stackable.

Bachelor’s Degree $200.00 per month

APPENDIX F

City of Montebello, California
Policy & Procedures Manual

39 Master’s or Doctoral Degree $400.00 per month

Education Incentive pay will commence on the 1st day of the next month after submitting proof of Education to their department. The unit member’s department will submit a personnel action form to Human Resources for the education incentive pay to be added to the member’s salary.

(Revised: 04/27/2022)

ATTACHMENT C
RESOLUTION NO. 22-32

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MONTEBELLO APPROVING A COMPREHENSIVE MEMORANDUM OF

UNDERSTANDING AND THE TERMS AND CONDITIONS OF

EMPLOYMENT AFFECTING THE DESIGNATED MONTEBELLO

SUPERVISORS ASSOCIATION (MSA) EMPLOYEES FOR THE PERIOD
OF JANUARY 1, 2022 THROUGH JUNE 30, 2025

RECITALS

WHEREAS, representatives of the City and representatives of the bargaining unit named above have met, conferred, and negotiated in good faith regarding wages, hours and working conditions. As a result of such good faith negotiations, the City and the MSA have developed the Comprehensive Memorandum of Understanding (MOU) attached here (ATTACHMENT D).

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO HEREBY RESOLVES, FINDS, AND DECLARES AS FOLLOWS:

SECTION 1 : The MOU between t he City of Montebello and the M SA dated January 1, 2022 through June 30, 2025 and attached is hereby approved.

SECTION 2: That the City Clerk shall certify to the passage and adoption of this Resolution and that the same shall be in full force and effect.

APPROVED AND ADOPTED this 11th day of May 2022.

_______________________________
Kimberly A. Cobos-Cawthorne, Mayor

ATTEST: APPROVED AS TO FORM:

________________________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney

RESOLUTION NO. 22-32

Page 2 of 2 ends

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF MONTEBELLO )

I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 22-32 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeti ng of said Council held on the 11 th day of May 2022
and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

DATE:

Christopher Jimenez, City Clerk

ATTACHMENT D

MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF MONTEBELLO

AND THE
MONTEBELLO SUPERVISORS’ ASSOCIATION

FOR JANUARY 1, 2022 THROUGH JUNE 30, 2025

TABLE OF CONTENTS Page
PREAMBLE ………………………………………………………………………………………………………… 1
ARTICLE I IMPLEMENTATION……………………………….………………………………………………… 1 Section A. TERM……………………………………………………………………………………………….. 1 Section B. RECOGNITION……………………………………………………………………………………. 1 Section C. PROVISIONS OF LAW AND SEVERABILITY CLAUSE…………………………………….. 1 Section D. INCORPORATION OF CITY CODE, RULES, AND POLICIES……………………………... 1 Section E.

Section F.

Section G.

CITY DEDUCTIONS AND DUES………………………………………………………………...

EMPLOYEE LISTS………………………………………………………………………………...

FULL UNDERSTANDING, MODIFICATION, AND WAIVER………………………………… 2 2
2 ARTICLE II COMPENSATION…………………………………………………………………………………. 2 Section A. SALARY RANGE INCREASES…..…………………………………………………………….. 2 Section B. CERTIFICATE PAY………………………………………………………………………………. 5 Section C. ADMINISTRATIVE LEAVE PAY OUT……..…………………………………………………… 6 ARTICLE III LEAVE BANK……………………………………………………………………………………... 6 Section A. ANNUAL LEAVE DISCONTINUATION………………………………………………………… 6 Section B. VACATION LEAVE ACCRUAL………………………………………………………………….. 6 Section C. SICK LEAVE ACCRUAL…………………………………………………………………………. 7 Section D. HOLIDAY BANK…………………………………………………………………………………… 9 Section E. ADMINISTRATIVE LEAVE………………………………………………………………………. 10 ARTICLE IV RETIREMENT PROVISIONS…………………………………………………………………….. 10 Section A. CALPERS RETIREMENT TIERS………………………………………………………………... 10 Section B. EMPLOYEE CALPERS CONTRIBUTION……………………………………………………… 10 ARTICLE V POST RETIREMENT BENEFIT PROVISIONS………………………………………………… 11 Section A. 401(a) AND (h) RETIREMENT BENEFIT………………………………………………………. 11 ARTICLE VI MISCELLANEOUS PROVISIONS………………………………………………………………. 12 Section A. UNIT WORK SCHEDULES………………………………………………………………………. 12 Section B. MANAGEMENT RIGHTS…………………………………………………………………………. 12 Section C. AVOIDANCE OF INEQUITIES…………………………………………………………………… 12 Section D. SHARED AGREEMENT CLAUSE………………………………………………………………. 12

ARTICLE VII

EXHIBIT A
EFFECTIVE DATE AND TERM OF AGREEMENT…………………………………………….

LIST OF REPRESENTED CLASSIFICATIONS……………………………………………….. 13 14
APPENDIX A CITY POLICY -- BILINGUAL PAY…………….………………………………………………… 15 APPENDIX B CITY POLICY – BEREAVEMENT LEAVE………………………………………………….….. 18 APPENDIX C CITY POLICY – LONGEVITY PAY……………………………………………………….….….. 20 APPENDIX D CITY POLICY – EDUCATIONAL REIMBURSEMENT PROGRAMS..………………..…….. 31 APPENDIX E CITY POLICY – EMPLOYEE COMPENSATION AND BENEFITS……………………..…… 34 APPENDIX F CITY POLICY – JURY DUTY COMPENSATION…………………….………………….…….. 38 APPENDIX G CITY POLICY – EDUCATION INCENTIVE PAY………………………………………………. 40

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PREAMBLE

Pursuant to Government Code Section 3500 et seq., representatives of the City of Montebello (“City”) have met and conferred in good faith with representatives of the Montebello Supervisors' Association (MS A) , and have reached an agreement to recommend that the City Council take the actions identified in this successor Memorandum of Understanding (hereafter either "Memorandum," "MOU" or "Agreement”). Upon ratification of this Comprehensive MOU by majority vote of the bargaining unit membership as well as adoption by the City Council, all terms and conditions set forth herein shall become binding. This Comprehensive MOU supersedes Resolution 21-32 adopted by the City Council on July 28, 2021. Except as otherwise modified herein, existing wages, hours and other terms and conditions of employment shall remain in full force and effect.

ARTICLE I – IMPLEMENTATION

SECTION A TERM

Period Covered. Three and one-half (3 ½) years. From 1/1/2022 To 6/30/2025.

SECTION B RECOGNTION
The Montebello Supervisors' Association (MS A), is the exclusive representative of the employees in the general bargaining unit currently of the classifications listed in EXHIBIT A; a bargaining unit for the purpose of meeting and conferring over wages, hours, and terms and conditions of employment.

SECTION D INCORPORATION OF CITY CODE, RULES, AND POLICIES This MOU memorializes changes in terms and conditions for members of the bargaining unit as well as modifications of existing City codes, rules, and policies.

Incorporation of prior MOU’s references to City code, rules, and policies have been adopted during “Meet and Confer” sessions and shall be considered adopted by reference in this MOU specifically the following City policies which are attached as appendixes to the MOU:
a. 2.060.590 Bilingual Pay
b. 2.060.565 Bereavement Leave
c. 2.060.227 Longevity Pay
d. 2.060.517 Educational Reimbursement Programs
e. 2.060.504 Employee Compensation and Benefits
f. 2.060.516 Jury Duty Compensation
g. 2.060.528 Education Incentive Pay
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Unless the parties mutually and voluntarily agree to do so, neither party shall be obligated to negotiate over matters covered by, or within the scope of, this Agreement, during the term of this Agreement.

SECTION E CITY DEDUCTIONS AND DUES
The City agrees to conduct dues deductions.

SECTION F EMPLOYEE LISTS
The City will provide the Association with the necessary contact information about bargaining unit members to allow Association to conduct Association business on behalf of those members.

SECTION G FULL UNDERSTANDING, MODIFICATION AND WAIVER
It is the purpose of this Memorandum of Understanding to promote and provide for harmonious relations, cooperation and understanding between Management and the employees covered by this Memorandum; to provide an orderly and equitable means of resolving any misunderstandings or differences which may arise under this Memorandum; and to set forth the understanding of the parties reached as a result of good faith negotiations regarding wages, hours and other terms and conditions of employment covered by this Me morandum. This Memorandum of Understanding memorializes the terms and conditions for members of the bargaining unit as well as modifications of other existing City rules and policies. All other City rules, policies, and regulations shall be considered in corporated, by reference, in this MOU. Unless the parties mutually and voluntarily agree to do so, neither may be obligated to negotiate over matters covered by this Agreement or over other matters within the scope during the term of this Agreement.

ARTICLE II – COMPENSATION

SECTION A SALARY RANGE INCREASES

1. PLACEMENT ON NEW SALARY MATRIX

Positions covered under this MOU shall be placed on the new salary range (number) as follows:

Members covered under this MOU will be placed at the appropriate Step, within the new salary range, as noted in the tables below, that is closest to their current rate of pay at the time of City Council approval of this MOU without being less than their current rate of pay.

Effective January 01, 2022:

Position Title New Range Number New Annual Salary Range Management Analyst 26 $61,699 - $77,054
Senior Building Inspector 28 $64,823 - $80,955
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Recreation Supervisor 29 $66,443 - $82,979
Park Maintenance Supervisor 29 $66,443 - $82,979
Accounting Supervisor 30 $68,104 - $85,053
Revenue Supervisor 30 $68,104 - $85,053
Building Maintenance Supervisor 30 $68,104 - $85,053
Police Records Supervisor 31 $69,807 - $87,179
Dispatch Supervisor 32 $71,552 - $89,359
Street Maintenance Supervisor 32 $71,552 - $89,359
Crime Prevention Supervisor 34 $75,175 - $93,883
Senior Economic Development Coordinator 34 $75,175 - $93,883 Planner 35 $77,054 - $96,230
Grants & Project Administrator 36 $78,980 - $98,636
Senior Management Analyst 36 $78,980 - $98,636
Senior Fire Inspector 38 $82,979 - $103,629
Public Safety Radio Supervisor 39 $85,053 - $106,220
Informations Systems Supervisor 39 $85,053 - $106,220
Associate Engineer 40 $87,179 - $108,875
Senior Planner 41 $89,359 - $111,597
Principal Engineer 52 $117,247 - $146,425
* See salary matrix attached

Effective the first full pay period of July 2022:

Position Title New Range Number New Annual Salary Range Management Analyst 28 $64,823 - $80,955
Senior Building Inspector 31 $69,807 - $87,179
Recreation Supervisor 29 $66,443 - $82,979
Park Maintenance Supervisor 30 $68,104 - $85,053
Accounting Supervisor 30 $68,104 - $85,053
Revenue Supervisor 30 $68,104 - $85,053
Building Maintenance Supervisor 30 $68,104 - $85,053
Police Records Supervisor 31 $69,807 - $87,179
Dispatch Supervisor 32 $71,552 - $89,359
Street Maintenance Supervisor 32 $71,552 - $89,359
Crime Prevention Supervisor 34 $75,175 - $93,883
Senior Economic Development Coordinator 34 $75,175 - $93,883 Planner 35 $77,054 - $96,230
Grants & Project Administrator 36 $78,980 - $98,636
Senior Management Analyst 36 $78,980 - $98,636
Senior Fire Inspector 38 $82,979 - $103,629
Public Safety Radio Supervisor 39 $85,053 - $106,220
Informations Systems Supervisor 39 $85,053 - $106,220
Associate Engineer 40 $87,179 - $108,875
Senior Planner 41 $89,359 - $111,597
Principal Engineer 52 $117,247 - $146,425
* See salary matrix attached

Effective the first full pay period of July 2023:

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Position Title New Range Number New Annual Salary Range Management Analyst 30 $68,104 - $85,053
Senior Building Inspector 34 $75,175 - $93,883
Recreation Supervisor 29 $66,443 - $82,979
Park Maintenance Supervisor 30 $68,104 - $85,053
Accounting Supervisor 30 $68,104 - $85,053
Revenue Supervisor 30 $68,104 - $85,053
Building Maintenance Supervisor 30 $68,104 - $85,053
Police Records Supervisor 31 $69,807 - $87,179
Dispatch Supervisor 32 $71,552 - $89,359
Street Maintenance Supervisor 32 $71,552 - $89,359
Crime Prevention Supervisor 34 $75,175 - $93,883
Senior Economic Development Coordinator 34 $75,175 - $93,883 Planner 35 $77,054 - $96,230
Grants & Project Administrator 36 $78,980 - $98,636
Senior Management Analyst 36 $78,980 - $98,636
Senior Fire Inspector 38 $82,979 - $103,629
Public Safety Radio Supervisor 39 $85,053 - $106,220
Informations Systems Supervisor 39 $85,053 - $106,220
Associate Engineer 40 $87,179 - $108,875
Senior Planner 41 $89,359 - $111,597
Principal Engineer 52 $117,247 - $146,425
* See salary matrix attached

 No employee will have their rate of pay decreased upon implementation of the new salary ranges.

 Annual performance increases will remain on schedule for unit members who meet department expectations on their performance evaluation.

2. COST OF LIVING ADJUSTMENT (COLA)

Effective the first full pay period of July 2024, unit employees in all clas sifications shall receive a two percent (2.0%) salary adjustment.

Effective the first full pay period of July 2024:

Position Title Range Number Salary Range with 2%
COLA
Management Analyst 30 $69,467 - $86,754
Senior Building Inspector 34 $76,678 - $95,760
Recreation Supervisor 29 $67,772 - $84,638
Park Maintenance Supervisor 30 $69,467 - $86,754
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Accounting Supervisor 30 $69,467 - $86,754
Revenue Supervisor 30 $69,467 - $86,754
Building Maintenance Supervisor 30 $69,467 - $86,754
Police Records Supervisor 31 $71,203 - $88,923
Dispatch Supervisor 32 $72,983 - $91,146
Street Maintenance Supervisor 32 $72,983 - $91,146
Crime Prevention Supervisor 34 $76,678 - $95,760
Senior Economic Development Coordinator 34 $76,678 - $95,760 Planner 35 $78,595 - $98,154
Grants & Project Administrator 36 $80,560 - $100,608
Senior Management Analyst 36 $80,560 - $100,608
Senior Fire Inspector 38 $84,638 - $105,702
Public Safety Radio Supervisor 39 $86,754 - $108,344
Informations Systems Supervisor 39 $86,754 - $108,344
Associate Engineer 40 $88,923 - $111,053
Senior Planner 41 $91,146 - $113,829
Principal Engineer 52 $119,592 - $149,354
* See salary range scale attached.

SECTION B CERTIFICATION PAY

Full-time unit employees who possess and maintain additional certificates/licenses shall be eligible to receive twenty five dollars ($25.00) monthly per certificate, for up to a maximum of two (2) certificates/licenses or fifty dollars ($50.00) monthly. In no case, shall any affected unit member simultaneously receive compensation for more than two (2) certificates.

Employees will not be permitted to stack more than two (2) certificates/licenses.

The Unit Member shall receive the additional compensation following authorization by the respective Department Director/Chief and the Director of Human Resources and IT.

The additional certification and licensure incentives only apply to certifications an d licenses that:
o Are not mandated to meet the classification’s minimum job requirement criteria; and
o Have an annual or bi-annual renewal process or examination.

An employee shall immediately notify their supervisor if they have lost their certification fo r any reason. Failure to maintain the appropriate certificate and provide annual proof of valid certificate/license will result in the loss of Certificate Pay.

The certificate incentive pay will commence on the 1 st day of the next month after obtaining authorization and submitting proof of certificate(s)/license(s). The unit member’s department will submit a personnel action form to Human Resources for the incentive pay to be added to the member’s salary.

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SECTION C ADMINISTRATIVE LEAVE PAY OUT

During the first pay period in January, upon posting of administrative leave hours, any unused administrative leave hours remaining from the previous calendar year will be automatically paid off at the current rate of pay.

ARTICLE III – LEAVE BANKS

SECTION A ANNUAL LEAVE DISCONTINUATION
Effective one full pay-period after the adoption of this MOU annual leave banks will be frozen and accruals will cease. All full-time MSA members will begin accruing the vacation/holiday/sick leave banks in lieu of annual leave as outlined in this MOU.

Employees shall have the option of converting accrued Annual Leave to cash on an hour for hour basis subject to the following: To cash out Annual Leave hours, an employee must make an irrevocable election on or before December 31 st of each calendar year, in order to receive cash for Annual Leave hours in the following calendar year. The accrued Annual Leave hours cash out will only be given to those employees who have made the affirmative election on or before the deadline by comp leting a form provided by the Finance Department. Employees will receive the cash out once per year, on the regular pay date, during the first full pay period in January.

Frozen Annual Leave:

During the initial Annual leave cash out an employee must make an irrevocable election on or before December 31 st to be paid out during the first full pay period in January 2023. The optional election to cash out up to one hundred twenty (120) hours of Annual Leave shall be paid out at the member’s current base rate plus incentives.

Annual Leave can be used upon approval by the Director/Chief based on the needs of the department.

Upon separation from the City, remaining annual leave hours will be paid out to the employee at the member’s current base rate of pay.

SECTION B VACATION LEAVE ACCRUAL

YEARS EMPLOYED (MONTHS) ACCRUAL PER PAY
PERIOD

ANNUAL ACCRUAL

ACCRUAL CAP
THE CITY OF MONTEBELLO SUPERVISORS’ ASSOCIATION

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0 – 2 yrs (0 – 24 months)

3.07 hours 80 hours 160 hours
2 – 9 yrs (25 – 108 months)

4.62 hours 120 hours 240 hours
10 yrs (109 – 120 months)

4.92 hours 128 hours 256 hours
11 yrs (121 – 132 months)

5.23 hours 136 hours 272 hours
12 yrs (133 – 144 months)

5.54 hours 144 hours 288 hours
13 yrs (145 – 156 months)

5.846 hours 152 hours 304 hours
14 yrs (157 months & thereafter) 6.15 hours 160 hours 320 hours

2. Cash Out of Vacation Leave: Employees shall have the option of converting accrued Vacation Leave to cash on an hour for hour basis subject to the following: To cash out Vacation Leave hours, an employee must make an irrevocable election on or before December 31st of each calendar year, in order to receive cash for Vacation Leave hours in the following calendar year. The accrued Vacation Leave hours cash out will only be given to those employees who have made the affirmative election on or before the deadline by completing a form provided by the Finance Department. Employees will receive the cash out once per year, on the regular pay date, during the first full pay period in January.

Vacation shall be paid out at the member’s current base rate of pay.

 All members with a minimum of eighty (80) hours of Vacation leave may elect to cash out up to forty (40) hours annually. The annual optional election to either cash out or to convert up to forty (40) hours of Vacation Leave to the City’s Deferred Compensation 457 plan shall be paid out at the member’s current base rate.

Other Rules:

 Vacation hours shall not be accrued in excess of the annual accrual Cap based on years of service.  An employee shall not be eligible to take annual vacation leave during the same year it is earned (CSR&R Rule XII, Section 214,i)
o City agrees to amend this Rule when CSR&Rs are updated.  Accrued vacation leave will be paid out at separation at the employee’s current base rate of pay.  Vacation hours will be considered hours worked when computing overtime.

SECTION C SICK LEAVE ACCRUAL

1. Accrual and Cap: Employees covered under this MOU shall accrue sick leave and shall have a maximum sick leave accrual cap in the amounts listed below.

ACCRUAL PER PAY PERIOD ANNUAL ACCRUAL ACCRUAL CAP

3.692 96 1040

2. Sick leave may be utilized for:

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No sick leave shall be granted prior to ninety (90) days of employment.

Sick leave may be utilized for:
 Personal illness or injury of the employee;
 Authorized emergency leave; Serious illness or injury of the employee's spouse, state registered domestic partner, or child, parents, siblings, grandparents, any of which that reside in the unit employee’s residence (in accordance with Labor Code §§ 233);  Where an employee which is a victim of domestic violence, sexual assault, or stalking, for the purposes described in Labor Code sections 230 (c) and 230.1(a);  Cases of quarantine;
 Where exposure to contagious diseases would endanger the health of other employees.

Other Rules:

Sick leave may be taken in increments of one-half (1/2) hour or more.

Sick leave may not be used for disapproved vacation leave.

For absences of over two (2) days, a medical certificate from a qualified physician may be required.

In order to receive compensation while absent on sick leave, except in an emergency or due to extenuating circumstances, the employee shall notify their immediate supervisor, at least one (1) hour prior to employee’s scheduled shift/start time. In an emergency, the employee shall report to their supervisor as soon as the situation reasonably allows.

** Sick hours will not be considered hours worked when computing overtime. ** After sick leave has been exhausted, employee may use earned vacation

SICK LEAVE CASH OUT OPTIONS AT SEPARATION

OPTON 1:

Payout at separation based on years of service:

YEARS OF CONTINUOUS YEARS OF

MONTEBELLO SERVICE
PAY OUT AT SEPARATION UP TO 720

HOURS BASED ON YEARS OF

MONTEBELLO SERVICE
Less than five 0%
At least five but less than ten 25%
At least ten but less than fifteen 50%
At least fifteen but less than twenty 75%
Twenty or more 100%
*The City will pay out the hours to the employee at current base rate of pay.

OPTION 2 (AT RETIREMENT ONLY):

Sick Leave Conversion to Service Credit:

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Upon amendment, employees would have the option to convert ALL unused sick leave hours to CalPERS service credit upon retirement from the City of Montebello.

Holiday Hour Bank Accrual/Cash Out
12 Holidays x# of regular
shift hours
Automatic cash out the second
(2nd) pay period in January of
each calendar year

Holidays

1. NEW YEAR’S DAY - January 1st

2. MARTIN LUTHER KING, Jr. DAY- Third Monday in January

3. PRESIDENT’S DAY- Third Monday in February

4. MEMORIAL DAY- Last Monday in May

5. JUNETEENTH - June 19th

6. INDEPENDENCE DAY- July 4th

7. LABOR DAY- First Monday in September

8. COLUMBUS DAY/INDEGINOUS PEOPLE’S DAY- Second Monday in October

9. VETERAN’S DAY- November 11th

10. THANKSGIVING DAY- Fourth Thursday in November

11. DAY AFTER THANKSGIVING - Fourth Friday in November

12. CHRISTMAS DAY - December 25th

Annual Holiday Bank
In the pay period containing January 1st of each year, a holiday bank shall be established for each unit employee at the rate of twelve (12) full-day holidays which occurs during the calendar year. The bank of hours will correlate to the employees current shift schedule.

Shift schedule Holiday Hours Annually
4/10 schedule 120 hours
3/12 & 8 schedule 144 hours
9/80 schedule 108 hours
5/40 schedule 96 hours

Employee’s whose regular schedule work-day occurs on an observed holiday may use their holiday hours at the discretion of the managing department, subject to department rules and guidelines.

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There shall be no carryover of any unused holiday hours from one calendar year to another.

Observation of Holidays
 Designated holidays falling on a Monday through Thursday shall be observed by the City on the actual date of the designated holiday.
 Designated holidays falling on a Friday, Saturday or Sunday those hours will be banked to each employee’s holiday bank for use upon request and approval or cashed out during the second (2nd) pay period in January, if unused.

Employees Separating from the City
 Employees who leave City employment shall be paid a pro-rata amount of unused holiday time.

** Holiday hours will not be considered hours worked when computing overtime.

** In order to receive holiday pay an employee shall work or have approved leave time off on his/her last scheduled shift immediately preceding the holiday, and his/her first scheduled shift immediately after the holiday.

SECTION E ADMINISTRATIVE LEAVE

MSA members, will receive forty (40) hours of Administrative Leave Pay per calendar year, posted during the first pay period each January.

ARTICLE IV - RETIREMENT

SECTION A CALPERS RETIREMENT TIERS
The City offers a defined retirement benefit plan through the California Public Employees’ Retirement System (“CalPERS”). There are two (2) tiers of the retirement benefit plan depending on date of hire and/or status as “new member”, as defined by the Government Code, which define the employee contribution/cost sharing as follows:

1. Retirement Tier 1: Employees hired prior to January 1, 2013 or who are not “new members” under the California Public Employees’ Pension Reform Act of 2013 (“PEPRA”), Gov. Code § § 7533, et seq. These employees are also referred to as “Classic CalPERS Members”.
a. CalPERS retirement formula is 2.7% @ 55

2. Retirement Tier 2: Employees Hired on or after January 1, 2013 and who are defined by the Public Employees’ Pension Reform Act (PEPRA) as “new members” a. CalPERS retirement formula is 2.0% @ 62

SECTION B EMPLOYEE CALPERS CONTRIBUTION
THE CITY OF MONTEBELLO SUPERVISORS’ ASSOCIATION

11 | P a g e

1. Classic CalPERS Members (as defined by CalPERS):

Classic CalPERS Members pay the eight percent (8%) employee contributions toward their CalPERS pension.

2. CalPERS (PEPRA) Members (as defined by CalPERS):

New CalPERS (PEPRA) unit members, including each newly hired unit member, shall continue to pay their obligatory "half the actuarial normal cost" of their pension benefit (as determined and regularly adjusted by CalPERS). The current normal cost obligation for each PEPRA unit member is seven percent (7%), with potential mandated upward adjustments thereafter as determined annually be CalPERS actuarial valuation reports.

The City is prohibited by PEPRA from paying any portion of the member contribution for PEPRA members.

ARTICLE V – POST RETIREMENT BENEFIT PROVISIONS
SECTION A 401 (a) and (h) RETIREMENT BENEFIT

All recognized full time members will be enrolled in the established City of Montebello 401(a) and (h) retirement p lan upon achieving their one year anniversary of employment with the City. Vesting in the 401 (a) and (h) plan will occur at the members five (5) year anniversary of recognized full time employment with the city.

The monthly accrual rates for all qualified members will be determined by years of service with the City of Montebello and based upon the following schedule:

Years of City of Montebello
Service
Monthly Contribution Amount
1 year to 12 years $10
12 years to 16 years $50
16 years to 20 years $75
20 years to 24 years $100
24 years + $125

Years of service with the City of Montebello will include all years of service as a recognized full time employee, even if there has been a break in service to the City, with the exception that any employee who retired between November 1, 1999 and January 2, 2002, who returned to work for the City of Montebello returned as a new employee for the purposes of 401 (h) benefits.
*Monthly contributions occur the 1st of each month.
*There are no partial credits of monthly contributions for members separating from City service before the last day of the month of retirement.

THE CITY OF MONTEBELLO SUPERVISORS’ ASSOCIATION

12 | P a g e

ARTICLE VI - MISCELLANEOUS PROVISIONS

SECTION A UNIT WORK SCHEDULES

1. Members of this unit may be assigned to the following work schedules dependent on organizational need.

4/10 Work Schedule
9/80 Work Schedule
5/40 Work Schedule
3/12 & 8 Work Schedule

2. Work Schedule Changes: Work schedule changes shall require a minimum of fourteen (14) calendar days’ notice, except in the case of an emergency as determined by management.

3. SECTION B MANAGEMENT RIGHTS
Nothing in this agreement shall be construed to prohibit the City from exercising all management rights and prerogatives except those expressly waived in this agreement. The City has all rights to manage the City including the establishing of rules, directives and orders except those expressly waived by this agreement. It is recognized that, except as expressly provided in this agr eement, the City shall retain whatever rights and authority are necessary for it to operate and direct affairs of the City in all of its various aspects, including but not limited to the right to direct the working forces; to plan, direct and control operations and services of the City; to determine the methods, means, organization and number of personnel by which such operations and services are to be conducted; to assign and transfer employees; to schedule working hours and to assign overtime; to determine whether goods or services should be made or purchased; to hire, promote, suspend, discipline, or discharge in compliance with employment law; to make and enforce.

SECTION C AVOIDANCE OF INEQUITIES
The City Manager shall possess the authority to promote equity and equality, directly and indirectly, to reduce instances of poverty. The authority of the City Manager shall encompass but not limited: to adjustment of the distribution of unequal and/or unjust resources and opportunities among employees of City of Montebello, to treat people uniquely by public policy to compensate for different circumstances, to adjust pay increases wherein inequity is present, to boost social cohesion and reduce political conflict.

SECTION D SHARED AGREEMENT CLAUSE
Nothing in this Agreement shall limit the Parties' ability to mutually agree, in writing, to implement different terms than those provided in this Agreement.

THE CITY OF MONTEBELLO SUPERVISORS’ ASSOCIATION

13 | P a g e

Vanessa Padilla-Nava Date
Montebello Supervisors’ Association President

René Bobadilla Date
City Manager

EXHIBIT A

14 | P a g e

The Montebello Supervisors' Association

REPRESENTED CLASSIFICATIONS
Accounting Supervisor
Associate Engineer
Building Maintenance Supervisor
Crime Prevention Supervisor
Dispatch Supervisor
Grants & Project Administrator
Informations Systems Supervisor
Management Analyst
Park Maintenance Supervisor
Planner
Police Records Supervisor
Principal Engineer
Public Safety Radio Supervisor
Recreation Supervisor
Revenue Supervisor
Senior Building Inspector
Senior Economic Development Coordinator
Senior Fire Inspector
Senior Management Analyst
Senior Planner
Street Maintenance Supervisor

APPENDIX A

City of Montebello, California
Policy & Procedures Manual

15 2.060.590 Bilingual Pay

A. The City has identified and approved through demographical data the need for providing bilingual services in the following languages: Spanish, Russian, Chinese, Armenian, Korean, or Sign Language.

B. The Human Resources Department has identified and approved positions and level of required fluency in the second language that meet the operational needs of the City and its citizens.

C. The Human Resources Department shall contract with a third-party vendor to provide a testing system for compensating employees based on City needs.

Procedure
A. Employees must submit in writing a request to test for Bilingual Pay.

B. Employee must pass a bilingual proficiency test, in addition to any other job-related test requirement for a position.

C. Testing:

1. Bilingual proficiency will be determined by standardized competency test s contracted through a third-party vendor by Human Resources.

2. The Human Resources Department will communicate with the Department when an employee has passed the competency test, the employee’s

APPENDIX A

City of Montebello, California
Policy & Procedures Manual

16 Department will submit a personnel action form for the incentiv e pay to begin on the 1st of the next month.

D. Compensation: Compensation shall be based on Bargaining Unit agreements:

Prior to May 2022:

Effective July 1, 2022:

APPENDIX A

City of Montebello, California
Policy & Procedures Manual

B. Bilingual incentive will be calculated into overtime compensation when applicable.

C. Bilingual incentive pay will be reported as Special Compensation to CalPERS as applicable.

(Revised: 04/27/2022)

APPENDIX B

City of Montebello, California
Policy & Procedures Manual

18 2.060.565 Bereavement Leave
Purpose
The purpose of this policy is to provide guidelines for the use of leave associated with bereavement of an immediate family member.

Policy
It is the policy of the City to provide “Bereavement Leave” to full-time city employees to attend to the details of, and to grieve the death of an immediate family member.

C. In the event more than one request for use of bereavement leave per annum is requested by a full-time employee, their request to utilize up to 3 workdays/1-full fire safety personnel shift may be approved.

1. In this event, the affected employee shall utilize either annual or sick leave they have accrued.

2. If the affected employee does not have sufficient accrued hours banked, they may be granted the leave without pay.

D. Part-time employees may be granted bereavement leave without pay following the same criteria as that of full-time employees.

Procedure
A. It shall be the responsibility of the affected employee to immediately notify their immediate supervisor of the need to utilize bereavement leave.

1. The immediate supervisor shall complete the necessary documentation to facilitate the use of bereavement leave.

APPENDIX B

City of Montebello, California
Policy & Procedures Manual

19 2. The immediate supervisor shall ensure the appropriate authorities are notified of the leave notification.

B. Upon return of the affected employee, any additional documentation an d signatures shall be obtained.

C. In the event additional hours are requested, the affected employee shall make the request in writing providing the reasons for such need.

1. Upon receiving the request for additional hours, the immediate supervisor shall forward the request to the appointing authority with their recommendation.

2. Use of accrued annual or sick hours shall be utilized for any additional hours requested above the allotted bereavement leave.

(Revised: 04/27/22)

APPENDIX C

City of Montebello, California
Policy & Procedures Manual

20 2.060.227 Longevity Pay

Purpose
The purpose for longevity pay is to recognize long -term service employees that work for the City of Montebello.

Policy
The City will pay the agreed upon amount for longevity pay as adopted by City Council.

MONTEBELLO POLICE MANAGEMENT ASSOCIATION

A. For longevity purposes only, the following shall count as LAW ENFORCEMENT SERVICE:

APPENDIX C

City of Montebello, California
Policy & Procedures Manual

21 police, police supervisory, or police management unit member s hall count toward years of longevity.

APPENDIX C

City of Montebello, California
Policy & Procedures Manual

MONTEBELLO FIRE MANAGEMENT ASSOCIATION

Beginning the first pay period after June 26, 2019, each unit member with ten (10) years aggregate service as a full -time City sworn fire personnel unit member shall be eligible for longevity pay. Thereafter, each unit member who attains ten ( 10) years aggregate service as a full- time City sworn fire personnel unit member shall be eligible for longevity pay.

Longevity pay shall consist of:

A. A ( 3%) base salary incr ease at the completion of ten ( 10) ye ars aggregate active service as a full-time City of Montebello sworn fire personnel unit member which the unit member shall continue to receive through the completion of the unit member's 14th year.

B. The (3%) base salary increase shall be increased to a (4.5%) base salary increase at the completion of fifteen ( 15) years aggregate active service as a full -time Ci ty of Montebello sworn fire personnel unit member which the unit member sh all continue to receive through the completion of the unit member's 19th year.

C. The (4.5%) base salary increase shall be increased to a (6%) base salary increase at the completion of twenty ( 20) years aggregate active service as a full - time City of

APPENDIX C

City of Montebello, California
Policy & Procedures Manual

23 Montebello Sworn personnel unit member which the unit member shall continue to receive through the completion of the unit member's 20th year.

D. The (6%) base salary increase shall be increased to a (7.5%) base salary increase at the completion of twenty - five (25) years aggregate active service as a full -time City of Montebello sworn personnel unit member which the unit member shall continue to receive for the unit member's remaining years of full - time City sworn personnel unit member service.

MONTEBELLO MID-MANAGEMENT ASSOCIATION

APPENDIX C

City of Montebello, California
Policy & Procedures Manual

E. A five (5.0%) percent base salary increase at twenty five (25) years of aggregate full - time City service and the unit member shall continue to receive thereafter.

MONTEBELLO SUPERVISORS’ ASSOCIATION

C. A two and a half (2.5%) percent base salary increase at fifteen (15) years of aggregate full- time City service which the unit member shall continue to receive through the completion of the unit member's 19th year.

APPENDIX C

City of Montebello, California
Policy & Procedures Manual

25 E. A five (5.0%) percent base salary increase at twenty five (25) years of aggregate full - time City service and the unit member shall continue to receive thereafter.

MONTEBELLO CITY EMPLOYEES’ ASSOCIATION

After 10 years of full- time service 1.5 % base salary increase After 15 years of full- time service 2.5 % base salary increase After 20 years of full- time service 3.5 % base salary increase After 25 years of full-time service 5.0 % base salary increase

C. A two and a half (2.5%) percent base salary increase at fifteen (15) years of aggregate full- time City service which the unit member shall continue to receive through the completion of the unit member's 19th year.

D. A three and a half (3. 5%) percent base salary increase at twent y (20) years of aggregate full-time City service which the unit member shall continue to receive through the completion of the unit member's 24th year.

APPENDIX C

City of Montebello, California
Policy & Procedures Manual

26 E. A five (5.0%) percent base salary increase at twenty five (25) years of aggregate full - time City service and the unit member shall continue to receive thereafter.

MONTEBELLO FIREFIGHTERS’ ASSOCIATION

A. For longevity purposes only, the following shall count as LATERAL SWORN FIRE SERVCE:

For full-time City of Montebello employees who are in the MFA unit as of October 1, 2019, all continuous service as an active, full -time City of Montebello fire service sworn, plus any verifiable prior Lateral continuous service with another fire service agency as an active, full-time sworn firefighter, firefighter paramedic, fire engineer, or fire captain shall count toward years of longevity.

Each unit member with ten (10) years aggregate service as a full-time sworn Fire Service unit member shall be eligible for longevity pay. Thereafter, each unit member who attains ten (10) years aggregate service as a full-time firefighter shall be eligible for longevity pay.

Longevity pay shall consist of:

B. Beginning with the first pay period after completion of ten (10) years aggregate active service as a full -time City firefighter unit member an d continuing through the completion of the unit member’s 15th year of full-time City firefighter unit member service, the unit member shall receive 3% of his/her Base Salary (which shall be reported to CalPERS as special pay) in addition to the unit member’s Base Salary.

C. Beginning with the first pay period after completion of fifteen (15) years aggregate active service as a full -time City firefighter unit member and continuing through the completion of the unit member’s 20th year of full-time City firefighter unit member service, the unit member shall receive 4½% of his/her Base Salary (which shall be reported to CalPERS as special pay) in addition to the unit member’s Base Salary.

APPENDIX C

City of Montebello, California
Policy & Procedures Manual

27 D. Beginning with the first pay period after completion of twenty (20) years aggregate active service as a full -time City firefighter unit member and continuing through the completion of the unit member’s 25th year of full-time City firefighter unit member service, the unit member shall receive 6% of his/her Base Salary (whi ch shall be reported to CalPERS as special pay) in addition to the unit member’s Base Salary.

E. Beginning with the first pay period after completion of twenty -five (25) years aggregate active service as a full-time City firefighter unit member and continuing for the unit member’s remaining years of full -time City firefighter unit member service, the unit member shall receive 7.5% of his/her Base Salary (which shall be reported to CalPERS as special pay) in addition to the unit member’s Base Salary.

MONTEBELLO POLICE OFFICERS’ ASSOCIATION

Current longevity rates, and definitions of qualifying law enforcement service for purpose of longevity, shall be modified as follows, effective July 1, 2019:

A. For longevity purposes only, the following shall count as LAW ENFORCEMENT SERVICE:

a. For full - time City of Montebello employees who are in the MPOA unit as of July 1, 2019, all continuous service as an active, full - time City of Montebello law enforcement department member, whether sworn or unsworn, plus an y verifiable prior lateral continuous service as an active, full -time sworn police, police supervisory, or police management unit member, shall count toward years of longevity.

b. For MPOA unit members who join the MPOA unit on or after July 1, 2019 without prior continuous service as an active, full-time City of Montebello law enforcement department

APPENDIX C

City of Montebello, California
Policy & Procedures Manual

28 member, only verifiable prior lateral continuous service as a full- time sworn police, police supervisory, or police management unit member shall count toward years of longevity.

B. Considering the definition of LAW ENFORCEMENT SERVICE in paragraph 4. A. beginning with the first pay period of the seventh (7th) year of continuous, aggregate active LAW ENFORCEMENT SERVICE, and continuing through the c ompletion of the unit member's 1 1th year of continuous, aggregate active LAW ENFORCEMENT SERVICE, an MPOA unit member shall receive 4% of his/her Base Salary as Longevity Pay (which shall be reported to CalPERS as special pay) in addition to the unit member's Base Salary. Aggregate active service time shall not include any overlapping service time (i.e. service time cannot count twice for overlapping time periods).

C. Considering the definition of LAW ENFORCEMENT SERVICE in paragraph 4. A., beginning with the first p ay period of the twelfth (12th) year of continuous, aggregate active LAW ENFORCEMENT SERVICE, and continuing through the completion of the unit member’s 19th year of continuous, aggregate active LAW ENFORCEMENT SERVICE, an MPOA unit member shall receive 7% of his/ her Base Salary as Longevity Pay (which shall be reported to CaIPERS as special pay) in addition to the unit member's Base Salary. Aggregate active service time shall not include any overlapping service time (i.e. service time cannot count twice for overlapping time periods).

D. Considering the definition of LAW ENFORCEMENT SERVICE in paragraph 4.A, beginning with the first pay period of the twentieth (20th) year of continuous, aggregate active LAW ENFORCEMENT SERVICE, and continuing through the completion of the unit member's 25th year of continuous, aggregate active LAW ENFORCEMENT SERVICE, an MPOA unit member shall receive 10% of his/ her Base Salary as Longevity Pay (which shall be reported to CalPERS as special pay) in addition to the unit member's Base Salary. Aggregate active service time shall not include any overlapping service time i.e. service time cannot count twice for overlapping time periods).

APPENDIX C

City of Montebello, California
Policy & Procedures Manual

29 E. Considering the definition of LAW ENFORCEMENT SERVICE in paragraph 4.A, beginning with the first pay period of the twenty sixth (26th) year of continuous, aggregate active LAW ENFORCEMENT SERVICE, and continuing through the unit member's remaining years of full-time City MPOA unit service, an MPOA unit member shall receive 13% of his/her Bas e Salary as Longevity Pay (which shall be reported to CaIPERS as special pay) in addition to the unit member's Base Salary. Aggregate active service time shall not include any overlapping service time (i.e. service time cannot count twice for overlapping time periods).

MONTEBELLO MANAGEMENT PROFESSIONALS’ ASSOCIATION

FULL-TIME NON-REPRESENTED EMPLOYEES

A. Effective April 28, 2019, each non -represented full-time employee with ten (10) years of aggregate full -time City service shall be eligible for longevity p ay.

Longevity pay shall consist of a base salary pay increase at the following eligibility benchmarks and shall not be cumulative:

After 10 years of full- time service 1.5 % base salary increase After 15 years of full- time service 2.5 % base salary increase After 20 years of full- time service 3.5 % base salary increase After 25 years of full-time service 5.0 % base salary increase

APPENDIX C

City of Montebello, California
Policy & Procedures Manual

30 D. A three and a half (3. 5%) percent base salary increase at twenty (20) years of aggregate fulltime City service which the unit member shall continue to receive through the completion of the unit member's 24th year.

E. A five (5.0%) percent base salary increase at twenty five (25) years of aggregate full - time City service and the unit member shall continue to receive thereafter.

(Revised: 04/27/2022)

APPENDIX D

City of Montebello, California
Policy & Procedures Manual

31 2.060.517 Education Reimbursement Program

Purpose:

To define who and under what circumstances City employees may receive education reimbursement and to outline the procedure by which reimbursement may be obtained.

Policy:

D. Employees desiring reimbursement must attend such courses on their own time after work hours and must complete the course with a passing grade of at least "C" or equivalent.

APPENDIX D

City of Montebello, California
Policy & Procedures Manual

I. Employees scheduled by the City to take specialized courses or special seminars on work time will not be subject to the requirements of this policy.

Procedure:

C. Upon timely receipt of these materials, the Director of Human Resources shall have the responsibility for processing the claim for reimbursement.

APPENDIX D

City of Montebello, California
Policy & Procedures Manual

33 (Prior Policy #V-B-25, 07/01/73; AUTHORITY: C/ADMIN)

(Revised: 07/28/21)

APPENDIX E

City of Montebello, California
Policy & Procedures Manual

34 2.060.504 Employee Compensation and Benefits

Purpose
Is to provide a description of the City’s employee compensation and benefits packages.

1. The City’s total compensation package shall be reviewed against appropriately defined labor markets.

2. The City’s total compensation package shall comply with all applicable state and federal laws.

3. Salaries are managed through a simple, clear program that is consistent with the City’s strategic and organizational objectives.

APPENDIX E

City of Montebello, California
Policy & Procedures Manual

35 C. The Council reserves the right to make budget adjustments, and consequently direct pay adjustments during the budget year in order to manage their fiscal responsibilities or deal with unforeseen circumstances that justify or require changes to City expenditures.

Procedure
A. Compensation (Salary) Schedules: All employee classifications shall receive a salary that is approved by City Council resolution each fiscal year.

D. HEALTH INSURANCE CITY CONTRIBUTION
a. Effective March 27, 2008, the City will contribute the following amounts toward full-time employees’ medical, dental & vision insurance:

COVERAGE TOTAL CITY

CONTRIBUTION)
1 Party Full coverage
2 Party $840.00
3 Party $1,090.00

b. Part-time employees who have become eligible for CalPERS membership and have worked 1000 hours in a fiscal year:

APPENDIX E

City of Montebello, California
Policy & Procedures Manual

36 i. The contribution toward hourly EE's insurance who were eligible before 7/1/92 will be at the rate needed to fully pay 1 party coverage in the plan selected by the EE. For hourly EE who became eligible for insurance on or after 7/1/92 the City contribution toward the insurance package will be at the rate needed to pay 50% of one party coverage in the plan selected by the employee. [Res. 97-109] E. Medical Insurance Opt-out Incentive
a. An opt-out incentive is afforded to full -time and those hourl y employees, who have benefits and were hired prior to 8/11/92, who decline the City's medical, dental and vision insurance package.
b. Proof of medical coverage elsewhere will be required annually to continue participation in the cash incentive program.
c. The monthly Medical Insurance Opt-Out incentive is $350.00 d. The monthly Medical Insurance Opt-Out incentive shall be computed when calculating overtime as applicable.
e. The monthly Medical Insurance Opt -Out incentive shall be reported as Special Compensation to CalPERS as applicable.
f. Employees who have an alternative source of health insurance must provide minimum essential health coverage pursuant to the U. S. Patient Protection and Affordable Care Act ( ACA), and cover both the employee and all individuals in t he employee' s expected tax family, if any. During open enrollment or as otherwise required by the City, the employee must each year provide the City with an attestation or other reasonable documentation, subject to the City's approval confirming such alte rnate coverage. According to the ACA, the City must not make payment if the City knows that the employee or family member does not have the alternative coverage.

APPENDIX E

City of Montebello, California
Policy & Procedures Manual

37 (Revised: 03/21/95; 07/28/21)

APPENDIX F

City of Montebello, California
Policy & Procedures Manual

38 2.060.516 Jury Duty Compensation

Purpose
To establish a policy and define the procedure to be utilized concerning jury duty.

Policy
A. An employee of the City, who is in receipt of a juror summons and is required to serve, shall be paid up to 10 days of regular salary and benefits during each fiscal year while engaged in such activity on his or her regularly scheduled work days.

B. Compensation shall extend beyond the 10 d ays of salary and benefits only if the employee presents to the City a certified court document showing that a trial counsel and/or an official of the court estimated that the trial for which the employee was selected as a juror had been estimated to be co ncluded within the number of days remaining on the employee-juror’s service period, not exceeding a maximum of 10 days. Under such circumstances, the employee shall receive his/her regular salary, minus any payments or fees received as a juror. The emplo yee must remit any court or jury duty payments, excluding mileage reimbursement, to the City of Montebello.

Procedure
A. Upon receipt of a jury summons, the employee is to notify his/her immediate supervisor, providing a copy of the summons, and follow all court-required procedures.

B. At the first available opportunity after reporting to the court for service, the employee should notify the jury supervisor or appropriate court official that he or she is limited to 10 days of paid service.

C. Many courts utilize a system requiring jurors to call in daily to receive assignment. The employee must notify his or her supervisor of the “call in”

APPENDIX F

City of Montebello, California
Policy & Procedures Manual

39 status. Unless ordered to report to court for service, the employee must report to work, if it is a regular workday. If ordered to report to court for active service, the employee must immediately notify his or her supervisor of the court assignment.

D. Upon being released from jury service, the employee must present proof of service from the court to his or her immediate supervisor on the next working day following the conclusion of service.

E. Any jury duty payment received from the court, minus mileage payment, which may be retained by the employee, shall be forwarded to the Payroll Division of the Finance Department upon return to work.

(Prior Policy #V-B-16, 07/09/82; AUTHORITY: C/ADMIN)

(Revised: 07/09/82, 09/90, 09/96, 12/13/96; 12/05; 07/28/21)

APPENDIX G

City of Montebello, California
Policy & Procedures Manual

40 2.060.528 Education Incentive Pay

Policy
The City will pay the agreed upon amount for education as agreed upon by City Council resolution.

MONTEBELLO POLICE MANAGEMENT ASSOCIATION

The City agrees to provide education incentive pay as follows:

Degree or Certificate Compensation
A.A. or Intermediate POST $250/month
B.A./B.S. or Advanced POST $400/month

The City also agrees to establish a supplemental educational incentive pay for those employees that possess a supervisory or management POST certificate as follows:

Supervisory Certificate $150/month
Management Certificate $150/month

APPENDIX G

City of Montebello, California
Policy & Procedures Manual

41 MONTEBELLO FIRE MANAGEMENT ASSOCIATION

A. $ 250/ month for Firefighter 1 Certificate or AA/AS or 60 units B. $ 400/ month for Firefighter II Certificate or BA/ BS or 120 units C. $ 600/ month for Company Officer Certificate

The aforementioned education incentives shall not be stackable or cumulative. The unit MFMA member is entitled to a maximum of one education incentive at a time.

MONTEBELLO POLICE OFFICERS’ ASSOCIATION

The City agrees to increase education incentive pay as follows:

DEGREE OR CERTIFICATE INCREASE FROM INCREASE TO
A.A. or Intermediate POST $150/month $250/month
B.A./B.S. or Advanced POST $300/month $400/month

Supervisory $150/month

The above educational incentive pay shall not be compounded if an employee holds more than one of the above qualifying degrees or POST (Peace Officer Standards and Training) certificate.

MONTEBELLO CITY EMPLOYEES’ ASSOCIATION

MONTEBELLO MID-MANAGEMENT ASSOCIATION
MONTEBELLO SUPERVISORS’ ASSOCIATION
MONTEBELLO MANAGEMENT PROFESSIONALS’ ASSOCIATION

UNREPRESENTED FULL-TIME EMPLOYEES

Full-time employees in the MCEA, MMMA, MSA, MMPA AND Unrepresented Full-time employees will receive an education incentive based on the highest completed degree. Degree incentive is not stackable.

Bachelor’s Degree $200.00 per month

APPENDIX G

City of Montebello, California
Policy & Procedures Manual

42 Master’s or Doctoral Degree $400.00 per month

(Revised: 04/27/2022)

Salary
Range
Step
1 Step
3 Step
2 Step
4 Step
6 step
5 Step
7 Step
8 Step
9 Step
10 $
0 $
0 so
$
0 $
0 $
0 $
0 $
0 $
0 $
0 0
$
33 ,
280
$
34 ,
112
$
34 ,
965
$
35 ,
839
$
36 ,
735
$
37 ,
653
$
38 ,
595
$
39 ,
559
$
40 ,
548
$
41 ,
562
$
42 ,
601
$
43 ,
666
$
44 ,
758
$
45 ,
877
$
47 ,
024
$
48 ,
199
$
49 ,
404
$
50 ,
639
$
51 ,
905
$
53 ,
203
$
54 ,
533
$
55 ,
896
$
57 ,
294
$
58 ,
726
$
60 ,
194
$
61 ,
699
$
63 ,
242
$
64 ,
823
$
66 ,
443
$
68 ,
104
$
69 ,
807
$
71 ,
552
$
73 ,
341
$
75 ,
175
$
77 ,
054
$
78 ,
980
$
80 ,
955
$
82 ,
979
$
85 ,
053
$
87 ,
179
$
89 ,
359
$
91 ,
593
$
93 ,
883
$
96 ,
230
$
98 ,
636
$
101
,
101
$
103
,
629
$
106
,
220
$
108
,
875
$
111
,
597
$
114
,
387
$
117
,
247
$
120
,
178
$
123
,
182
$
126
,
262
$
129
,
418
$
132
,
654
$
135
,
970
$
139
,
369
$
142
,
854
$
146
,
425
$
150
,
086
$
153
,
838
$
157
,
684
$
161.626
$
165
,
666
$
169
,
808
$
174
,
053
$
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$
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,
337
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9 10
11 12
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ITEM #____
C

ITY OF MONTEBELLO
CI

TY COUNCIL AGENDA STAFF REPORT
TO
: Honorable Mayor and City Council Members
F
ROM: René Bobadilla, P.E., City Manager
B
Y: James Enriquez, Director of Public Works / City Engineer S
UBJECT: A pproval of Amendment No. 1 to Agreement No. 3937 with SPORTFIVE Golf, LLC for Additional Architectural and Engineering Services for the Montebello Municipal Golf Course Renovation Project
D
ATE: May 11, 2022
RECOMMENDATIONS:

I
t is recommended that the City Council:
1)
Approve Amendment No. 1 to Agreement No. 3937 with SPORTFIVE Golf, LLC for additional architectural and engineering services in the amount not -to-exceed $188,790; and
2) A
uthorize the City Manager to execute the amendment on behalf of the City; and 3) A
mend the Fiscal Year 2021-22 budget by increasing appropriations by $188,790 in Account No. 610-99-6040.80 (Golf Course, Engineering Services); and 4) T
ake such additional, related, action that may be desirable.

SCAL IMPACT
T
he total estimated expense for the additional architectural & engineering services is $188,790. City Council is being asked to amend the Fiscal Year 2021- 22 Golf Fund budget, by increasing appropriations by $188,790 in Account No. 610-99-6040.80.

T
he costs associated with transforming the golf course will be paid utilizing bond proceeds from a future bond issuance. Prior to the issuance of any bonds, a firm construction estimate is needed in order to properly size the bonds (i.e., finance the proper amount to cover associated expenses of the project). The recommended additional architectural 12 CITY COUNCIL AGENDA REPORT – MEETING OF MAY 11, 2022 Authorize the City Manager to Execute Amendment No. 1 to Agreement No. 3937 with SPORTFIVE Golf, LLC for Additional Architectural & Engineering Services for the Montebello Municipal Golf Course Renovation Project

Page 2 of 3 ends

and engineering services will be utilized to prepare a complete and accurate estimate.

Once the financing is secured, costs associated with these services will be reimbursed by bond proceeds. It is anticipated that bond financing will occur prior to September 2022.

Therefore, the Golf Fund will be reimbursed accordingly.

BACKGROUND

On November 10, 2021, the City Council awarded Professional Services Agreement No. 3937 to SPORTFIVE Golf, LLC in the amount of $1,238,290 for the design of the Montebello Municipal Golf Course Renovation Project . The agreement was in response to Request for Proposals (RFP) No. 22-1. The design is progressing and is currently 65% completed.

Additional design services are required to address various project elements that were not contemplated as part of the original project scope and/or to address conditions that have changed during the development of the design. The additional services are summarized as follows:

1. Additional Engineering Services ($ 141,540) - The additional services include: 1) The repair and resurfacing of the existing parking lots for the Quiet Cannon (Bicknell Park parking lots) was added to the project since they are deteriorated and refurbishment will provide a more complete campus renovation project; 2) The existing guard shack at the entrance near Garfield Ave requires relocation and will be replaced with a new building in order to accommodate the new entry road leading to the new club house and Topgolf; 3) Design of the new entry road was added to the golf course project so that the City maintains full control of the entry road, including street lighting; and 4) Design of utility services was not part of the original scope since the utility needs were not known until preliminary design work was completed.

2. Outdoor Event Center at Existing Proshop Area ($5,250) – The existing practice putting greens outside of the existing Golf Proshop will be redesigned into an outdoor event lawn area. These practice greens will not be functional or necessary once the new golf course is constructed. This added work will provide a new functional space and provide a transition from the Quiet Cannon facility to the new golf course.

3. Lake Design ($29,400) – A new lake was added to the design of the re-imagined golf course during the design development. The new lake is located at Hole No. 2 and will significantly improve the play and aesthetics of the new 9-hole golf course.

Additionally, the existing lake near Via San Clemente was expanded to improve the play and aesthetics of the new 6- hole lighted golf course. The services also include minor refurbishment of the existing lake at the center of the golf course.

CITY COUNCIL AGENDA REPORT – MEETING OF MAY 11, 2022
Authorize the City Manager to Execute Amendment No. 1 to Agreement No. 3937 with SPORTFIVE Golf, LLC for Additional Architectural & Engineering Services for the Montebello Municipal Golf Course Renovation Project

Page 3 of 3 ends

4. Additional Electrical Design Services ($8,925) – This service was added to the club house architect’s services to provide electrical service to subpanels from the main electrical panel of the club house. The subpanels are required to power added features t o the golf course design including : 1) The new and existing refurbished lake pumping and lighting systems; 2) Lighting for the 6- hole golf course; 3) A new irrigation booster pump station; and 4) The gazebo structure added to the outdoor event lawn area adjacent to the new club house.

5. Design of New Irrigation Booster Pump Station ($3,675) – The existing irrigation booster pump station located at the service connection for reclai med water near Garfield Avenue is not supplying adequate and consistent pressure for the reclaimed water irrigation system that waters most of the turf. The pump’s auto shutoff system activates frequently due to insufficient water flow from the reclaimed water service. This causes inadequate pressure in the irrigation system and the sprinkler heads experience insufficient coverage resulting in dead turf areas. The irrigation designer has recommended the addition of an irrigation booster pump station pumping from one of the lakes which will act as a reservoir to ensure a consistent and adequate water supply.

The contract amount for SPORTFIVE Golf, LLC increases from $1,238,290 to $1,427,080.

SUMMARY

Upon the approval of the City Council of the recommended Amendment No. 1 to Agreement No. 3937, staff will coordinate the completion of the added services and the design of the golf course with SPORTFIVE Golf, LLC. A budget amendment in the amount of $188,790 is required, increasing appropriations for Fiscal Year 2021-22 in Account No. 610-99-6040.80 (Golf Fund).

ATTACHMENTS:

A. Attachment A – Agreement No. 3937
B. Attachment B – Amendment No. 1 to Agreement No. 3937

CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO. 3937

BY AND BETWEEN

CITY OF MONTEBELLO
AND

SPORTFIVE GOLF, LLC
THIS AGREEMENT ("Agreement") is made and entered into on November 16, 2021, by the CITY OF MONTEBELLO, a municipal corporation (hereinafter referred to as "CITY") and SPORTFIVE Golf, LLC (hereinafter referred to as "CONTRACTOR"). CITY and CONTRACTOR are sometimes referred to herein individual as the "Party," and jointly as the "Parties."

RECITALS
WHEREAS, the CITY desires to retain a qualified professional contractor to provide Professional services in the CITY; and
WHEREAS, the CONTRACTOR represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

NOW THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows:

SECTION 1. SERVICES / COMPENSATION.

A. All terms, conditions, requirements, and provisions of the Request for Proposals, RFP 22-1 issued on October 20, 2021, to provide Architectural & Engineering Design Services for the Montebello Municipal Golf Course Renovation Project in the City of Montebello ("Request for Proposals"), as such is set forth fully in CONTRACTOR's proposal dated November 3, 2021 and submitted in response to RFP No. 22-1, Exhibit "A" hereto, are hereby incorporated fully herein by this reference and shall be binding on the Parties. To the extent of a conflict between the terms of this Agreement and that set forth in any exhibits or attachments hereto, the terms of this Agreement shall govern.

B. CONTRACTOR shall provide to CITY all labor, equipment, materials and incidental necessary to provide Architectural & Engineering Design Services for the Montebello Municipal Golf Course Renovation Project as set forth fully in CONTRACTOR's proposal dated November 3, 2021 and submitted in response to RFP No. 22-1, as such is set forth fully in Exhibit "A" hereto and incorporated fully herein by this reference (hereinafter "Professional Services").

C. CONTRACTOR shall be compensated for performance of the Professional Services as set forth in the Schedule of Compensation attached hereto as Exhibit "8" and incorporated fully herein by this reference ("Compensation") for a total not-to-exceed amount of one million two hundred and forty-four thousand two hundred and forty dollars ($1,244,240). CONTRACTOR shall provide an itemized billing statement to the CITY each month for Professional Services performed. CONTRACTOR shall not incur fees or costs which exceed the Compensation without the prior written consent of the CITY. /
/

ATTACHMENT A
SECTION 2. TERM.

This Agreement shall commence upon issuance of the Notice to Proceed by the City ("Effective Date"), and shall expire in Two (2) Years from the Effective Date, unless terminated earlier as hereinafter provided. This Agreement may be extended for up to One (1) Year extension upon such terms and conditions mutually agreed upon by the Parties in writing.

SECTION 3. PERFORMANCE.
a. CONTRACTOR shall at all times, faithfully, competently, and to the best of its ability, experience and talent, perform all tasks described herein. b. CONTRACTOR shall employ, at a minimum, generally accepted standards and practices utilized by companies engaged in providing similar services, as are required of Contractor hereunder, in meeting its obligations under this Agreement. c. CONTRACTOR shall be knowledgeable of and subject to all CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command. d. CONTRACTOR shall have the right to retain, subject to CITY's approval, additional individuals, consultants or subcontractors to assist in the completion of services as herein defined.

Compensation for additional individuals, consultants or subcontractors shall be the sole and exclusive responsibility of CONTRACTOR.
e. CONTRACTOR shall retain all original reports, field and office notes, correspondence, calculations, maps, and other documents specifically related to the services provided by CONTRACTOR pursuant to this Agreement, other than documents which are exempt from disclosure pursuant to the attorney-client privilege or any other law. Said documents shall be made available for inspection by the CITY upon request.

SECTION 4. WORK PRODUCT.
a. CONTRACTOR hereby agrees that all work product produced pursuant to this Agreement, and provided to CITY during and upon completion of this Agreement, shall be the property of the CITY, and ownership of said work product shall be retained by the CITY.

CONTRACTOR may take and retain copies of such written pr oducts as desired, but no such written products shall be the subject of a copyright application by CONTRACTOR. b. All data, documents, discussion, or other information developed or received by CONTRACTOR or provided for performance of this Agreement are deemed confidential and shall not be disclosed by CONTRACTOR without prior written consent by the CITY. The CITY shall grant such consent if disclosure is legally required. All such written products shall be returned to the CITY upon the termination or expiration of this Agreement. CONTRACTOR agrees that the covenants contained in this Article shall survive the expiration or termination of this Agreement.

SECTION 5. EXTRA SERVICES.

No extra services over and above the Compensation shall be rendered by CONTRACTOR under this Agreement unless such extra services first shall have been duly authorized in writing by the City Manager.

SECTION 6. CITY SUPERVISION.

The City Manager shall have the right of general supervision of all work performed by CONTRACTOR and shall be the CITY agent with respect to obtaining CONTRACTOR's compliance hereunder. No payment for services rendered under this Agreement shall be made without the prior approval of the City Manager.

SECTION 7. TERMINATION.

In the event that either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non-defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.
a. Termination for Cause. In the event that any of the provisions of the Agreement are violated by either party, the non-defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and its intent to terminate such Agreement unless within ten (10) days after the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty (30) days cease and terminate. Violations by Contractor which cannot be corrected within ten (10) days, said contract shall at the option of the City cease and terminate upon the giving of like notice. In the event of any such termination for default by Contractor, the City may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of the Contractor.

The Contractor and his sureties shall be liable to the City for any excess cost occasioned in the event of any such termination. This change shall not be construed to prevent the termination, for other causes authorized by law or other provisions of this contract. In the event of a termination for cause, CONTRACTOR shall only be entitled to the Compensation for those Professional Services satisfactory performed on or before the effective date of termination, but the terminating party shall be entitled to pursue any and all available remedies at law or in equity. Further, upon such a termination, the Parties agree that CONTRACTOR shall be reimbursed for any "non refundable" costs that CONTRACTOR has incurred for its services under this Agreement, provided that: (1) such "non- refundable" costs were incurred by the CONTRACTOR prior to the date of termination, and (2) that CONTRACTOR provides the CITY with adequate proof that CONTRACTOR incurred the costs, and is unable to be seek a refund for such costs. Such "non refundable" costs may include, but are not limited to, travel reservations incurred by CONTRACTOR for its performance of services under this Agreement. CONTRACTOR agrees to cease all work under this Agreement on or before the effective date of any notice of termination. b. Termination For Convenience. The CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, by giving thirty (30) business days' written notice to CONTRACTOR. Upon the termination of this Agreement as provided herein, the CITY shall provide to CONTRACTOR the part of Compensation which would otherwise be payable to CONTRACTOR for services CONTRACTOR had completed as of the date of termination, less the amount of all previous payment with respect to the Compensation. Further, upon such a termination for convenience by CITY, the Parties agree that CONTRACTOR shall be reimbursed for any "non-refundable" costs that CONTRACTOR has incurred for its services under this Agreement, provided that: (1) such "non- refundable" costs were incurred by the CONTRACTOR prior to the date of termination, and (2) that CONTRACTOR provides the CITY with adequate proof that CONTRACTOR incurred the costs, and is unable to be seek a refund for such costs. Such "non-refundable" costs may include, but are not limited to, travel reservations incurred by CONTRACTOR for its performance of services under this Agreement. 3 ��L
CONTRACTOR agrees to cease all work under this Agreement on or before the effective date of any notice of termination.

SECTION 8. EMPLOYMENT OF CITY EMPLOYEES.

No regular employee of the CITY shall be employed by CONTRACTOR during the term of this Agreement.

SECTION 9. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES.

No official or employee of the CITY shall be personally liable to CONTRACTOR in the event of any default or breach by CITY, or for any amount which may become due to CONTRACTOR.

SECTION 10. INDEPEN DENT CONTRACTOR.
a. The CONTRACTOR is and shall, at all times, remain as to the CITY a wholly independent contractor. Neither the CITY nor any of its elected officials, officers, employees or agents shall have control over the conduct of the CONTRACTOR except as expressly set forth in this Agreement. The CONTRACTOR shall not at any time or in any manner represent that he is in any manner an elected official, officer, employee or agent of the CITY. No employee benefits shall be available to CONTRACTOR in connection with the performance of this Agreement. Except as provided in this Agreement, CITY shall not pay salary, wages, or other compensation to CONTRACTOR for performance hereunder for CITY, CITY shall not be liable for compensation to CONTRACTOR, CONTRACTOR's employees or CONTRACTOR'S subcontractors for injury or sickness arising out of performing services hereunder. b. The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement.
c. CITY shall not deduct from the Compensation paid to CONTRACTOR any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to CONTRACTOR. CITY shall have no responsibility to provide CONTRACTOR, its employees or subcontractors with workers' compensation insurance or any other insurance.

SECTION 11. PERS ELIGIBILITY INDEMNITY.
a. In the event that CONTRACTOR or any employee, agent, or subcontractor of CONTRACTOR providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employee and/or employer contributions for PERS benefits on behalf of CONTRACTOR or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of CITY.
b. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, CONTRACTOR and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by CITY, including but not limited to eligibility to enroll in PERS as an employee of CITY and entitlement to any contribution to be paid by CITY for employer contribution and/or employee contributions for PERS benefits.

SECTION 12. LEGAL RESPONS IBILITIES.

CONTRACTOR shall at all times observe and comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments including, but not limited to the Montebello Municipal Code. The CITY, and its appointed or elected officers, employees, or agents, shall not be liable at law or in equity occasioned by failure of the CONTRACTOR to comply with this section.

SECTION 13. INDEMNIFICATION.

Each of the Parties (the "Indemnifying Party") agrees to, and shall indemnify, protect and hold harmless, the other, its officers, officials, employees, subsidiaries, affiliates, parent entities, agents and volunteers (and, as it relates to the CITY, its elected and appointed boards) (collectively, the "Indemnified Parties") from and against any and all claims, demands, lawsuits, defense costs, civil, penalties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature which the Indemnified Party may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to property arising out of the Indemnifying Party's negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of such Indemnified Party.

SECTION 14. INSURANCE COVERAGE.

During the term of this Agreement, CONTRACTOR shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with CONTRACTOR'S performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:
• Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis for bodily injury and property damage, including products-completed operations, personal injury and advertising injury, with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.
• Automobile Liability Insurance: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if CONTRACTOR has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
• Worker's Compensation insurance as required by the laws of the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
• Professional Liability insurance appropriate to the CONTRACTOR'S profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.

If the CONTRACTOR maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONTRACTOR. 5 �l
CONTACTOR shall require each of its subcontractors, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.

The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a current rating of at least A:VII in the latest edition of Best's Insurance Guide.

Each insurance policy required above shall state that coverage shall not be canceled, except after thirty (30) days' prior written notice (ten (10) days for non-payment) has been given to the City. CONTRACTOR agrees that if it does not keep the aforesaid insurance in full force and effect CITY may either (i) immediately terminate this Agreement for Cause; or (ii) take out the necessary insurance and pay, at CONTRACTOR'S expense, the premium thereon.

At all times during the term of this Agreement, CONTRACTOR shall maintain on file with CITY's Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the CITY as an additional insured.

CONTRACTOR shall, prior to commencement of work under this Agreement, file with CITY's Risk Manager such certificate(s).

CONTRACTOR shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages.

The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming CITY, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days' prior written notice to CITY. CONTRACTOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions.

The insurance provided by CONTRACTOR shall be primary to any coverage available to CITY. Any insurance or self-insurance maintained by CITY, its officers, employees, agents or volunteers, shall be in excess of CONTRACTOR'S insurance and shall not contribute with it.

All insurance coverage provided pursuant to this Agreement shall not prohibit CONTRACTOR, and CONTRACTOR'S employees, agents or subcontractors, from waiving the right of subrogation prior to a loss. CONTRACTOR hereby waives all rights of subrogation against the CITY.

Any deductibles or self-insured retentions must be declared to and approved by the CITY.

At the option of CITY, CONTRACTOR shall either reduce or eliminate the deductibles or self insured retentions with respect to CITY, or CONTRACTOR shall procure a bond guaranteeing payment of losses and expenses.

Procurement of insurance by CONTRACTOR shall not be construed as a limitation of CONTRACTOR'S liability or as fall performance of CONTRACTOR'S duties to indemnify, hold harmless and defend under Section 9 of this Agreement.

SECTION 15. SUBCONTRACT, ASSIGNMENT OR DELEGATION.

CONTRACTOR shall not subcontract, delegate or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of CITY. Any proposed subcontract, delegation, or assignment shall provide a description of the services to be covered, identification of the proposed sub-contractor, delegee, or assignee, and an explanation of why and how the same was selected, including the degree of competition involved.

Any subcontract, delegation or assignment shall be made in the name of CONTRACTOR and shall not bind or purport to bind CITY and shall not release CONTRACTOR from any obligations under this Agreement including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegees or sub-contractors. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to CONTRACTOR under the Agreement.

SECTION 16. NO WAIVER.

Waiver by any party hereto of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition or covenant hereof.

SECTION 17. DISPUTE RESOLUTION; GOVERNING LAW.

Disputes regarding the interpretation or application of any provision(s} of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Parties.

If any action at law or in equity is brought to enforce this Agreement or because of alleged dispute, breach, default or misrepresentation in connection with the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney's fees, expert fees, costs and necessary disbursements incurred in that action or proceeding, in addition to such other relief as may be sought and awarded. The venue for any litigation shall be County of Los Angeles, California. The Parties agree that the covenants contained in this Article shall survive the expiration or termination of this Agreement.

SECTION 18. ATTORNEY'S FEES AND COSTS.

If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees and costs in addition to any other relief to which it may be entitled.

SECTION 19. WARRANTIES.

Each of the parties represents and warrants to one another as follows:
a. It has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement; b. In executing this Agreement, it has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever; and
7 1600 West Beverly Boulevard
Montebello, California 90640
E-mail: [email protected]
Copy to:

City Attorney
Arnold M. Alvarez-Glasman
13181 Crossroads Parkway North. Suite 400, West Tower
Industry, CA 91746
CONTRACTOR:

Mr. Michael Angus

SPORTFIVE
7077 E Marilyn Road, Suite 140
Scottsdale, AZ 85254
E-mail: [email protected]
Copy to:

General Counsel

SPORTFIVE
7777 Glades Road, Suite 100
Boca Raton, FL 33434
E-Mail: [email protected]
SECTION 22. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.

In the performance of this Agreement, CONTRACTOR shall not discriminate against any employee, sub-contractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, mental condition or sexual orientation. CONTRACTOR will take affirmative action to ensure that sub-contractor and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.

SECTION 23. CONFLICT OF INTEREST.

CONTRACTOR covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by CONTRACTOR under this Agreement, or which would conflict in any manner with the performance of its services hereunder. CONTRACTOR further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, CONTRACTOR shall avoid the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this Agreement.

CONTRACTOR covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to CITY as a result of the performance of this Agreement, or the services that may be procured by the CITY as a result of the recommendations made by CONTRACTOR. CONTRACTOR's covenant under this section shall survive the termination of this Agreement.

SECTION 24. ENTIRE AGREEMENT.

This Agreement contains the entire understanding between the CITY and CONTRACTOR. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party. If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall be valid and binding.

CITY OF MONTEBELLO
Rene Bobadilla
City Manager
Dated: It /JD J� I

CONTRACTOR
SP��?£=
R. Steve Loy
President, Global Golf
APPROVED AS TO FORM:
�£-4 M.Aivarez-Glasman
City Attorney

ATTACHMENT B

CITY OF MONTEBELLO

AMENDMENT NO. 1
TO PROFESSIONAL SERVICES AGREEMENT NO. 3937

WITH SPORTFIVE GOLF, LLC

This Amendment (“Amendment No. 1”) to that certain Services Agreement No. 3937 for architectural & engineering services for the Montebello Municipal Golf Course Renovation Project dated November 16 , 20 21, (“Agreement”), is made as o f May 11 , 2022 (“Effective Date”), by and between the City of Montebello (“City”), and SPORTFIVE Golf , LLC (“CONTRACTOR”). City and CONTRACTOR are sometimes hereinafter individually referred to as a "Party" and jointly as the "Parties".

RECITALS

WHEREAS, City and the CONTRACTOR are parties to the Agreement, dated November 16, 2021, under which CONTRACTOR was awarded a professional services agreement by the City for architectural & engineering services; and

WHEREAS, City and CONTRACTOR now desire to amend the Agreement to expand the scope of work and increase the related compensation under the Agreement; and

NOW, THEREFORE, the parties to this Amendment No . 1 agree to amend the Agreement as follows:

SECTION 1. AMENDMENT TO SERVICES/COMPENSATION. The scope of work to the Agreement is expanded to include the following services attached hereto as the following exhibits and incorporated herein by this reference:

Exhibit “A-1”: Proposal Dated March 21, 2022 – Engineering Services Exhibit “A-2”: Proposal Dated March 17, 2022 – Landscape Design (Temporary Event Lawn and Landscape)
Exhibit “A-3”: Proposal Dated March 17, 202 2 – New Lake, Existing Lake Improvement and Expanded Lake
Exhibit “A-4”: Proposal Dated April 28 , 202 2 – Electrical Engineering Services (Golf course Items)
Exhibit “A-5”: Proposal Dated May 2, 202 2 – Lake Design Changes to Incorporate a New Irrigation Pump Station

AMENDMENT NO. 1 TO AGREEMENT NO. 3937

Page 2 of 3 ends

Compensation for the expanded s cope of work contemplated in this Amendment No. 1 shall be as follows:

“City agrees to compensate CONTRACTOR for the expanded scope of work contemplated under Amendment No. 1 (Exhibits “A-1” through “A-5”), and CONTRACTOR agrees to accept in full satisfa ction for such services an amount not -to-exceed the sum of One Hundred Eighty-Eight Thousand, Seven Hundred Ninety ($188,790); unless a different amount is specifically approved in advance in writing by City.”

SECTION 2. EFFECT. Except as expressly modified by this Amendment No. 1, all provisions of the Agreement, shall remain in full force and effect.

SECTION 3. ENTIRE AGREEMENT. The provisions of this Amendment No. 1 shall constitute the entire agreement of the parties with respect to the subject matter included in this Amendment No. 1 and shall supersede any other agreement, understanding, or arrangement, whether written or oral, between the parties with respect to the subject matter of this Amendment No. 1.

SECTION 4. AUTHORITY. The person or persons executing this Amendment No. 1 on behalf of each of the Parties warrants and represents that he or she has the authority to execute this Amendment No. 1 on behalf of that party and has the authority to bind that party to the performance of its obligations hereunder.

[SIGNATURES ON THE NEXT PAGE]

AMENDMENT NO. 1 TO AGREEMENT NO. 3937

Page 3 of 3 ends

IN WITNESS WHEREOF, the parties have signed this Amendment No. 1 as of the Effective Date stated in the introductory clause.

CITY OF MONTEBELLO a California
municipal corporation
(“City”)

By: ______________________________
René Bobadilla, City Manager

CONTRACTOR
(“CONTRACTOR”)

By:

Name:

Title:

ATTEST:

__________________________________
Christopher Jimenez, City Clerk

By:

Name:

Title:

APPROVED AS TO FORM:

__________________________________
Arnold M. Alvarez-Glasman, City Attorney

EXHIBITS:
 Exhibit “A-1” – Proposal Dated March 21, 2022 – Engineering Services  Exhibit “A-2” – Proposal Dated March 17, 2022 – Landscape Design (Temporary Event Lawn and Landscape)
 Exhibit “A-3” – Proposal Dated March 17, 2022 – New Lake, Existing Lake Improvement and Expanded Lake
 Exhibit “A-4” – Proposal Dated April 28, 2022 – Electrical Engineering Services (Golf course Items)
 Exhibit “A-5” – Proposal Dated May 2, 2022 – Lake Design Changes to Incorporate a New Irrigation Pump Station

March 21, 2022

City of Montebello
Mr. James Enriquez, P.E.

Director / City Engineering
1600 W. Beverly Blvd.

Montebello, CA 90640

RE: Amendment #4 – Engineering Services

Dear Mr. Enriquez,

Attached is Additional Work Proposal for engineering services for the Montebello Golf Course Project.

The services and fee includes:

Bicknell Park, Parking Lot Maintenance Plan
Bicknell Park SWPPP
Guard Shack Relocation
Dry Utility Coordination (Elec, Tel, CATV, Gas), Preliminary and Final Dry Utility Coordination Common Entry Road
Cal Water Plans
Public Sewer Plans
Street Light Design

This is for additional design and coordination services outside of the existing SportFive Agreement with the City of Montebello.

The attached proposal is from DRC Engineering, Inc. Total additional fee is $134,800. Detailed information and a summary of projected hours and hourly rates is included. In addition to the $134,800 fee, SportFive will add an additional five (5%) percent for coordination and management.

Total Fee for Amendment #4, Engineering Services - $141,540.

If you have any questions, or require further information, please feel free to contact me any time.

Sincerely,

Michael Angus / SportFive

March 21, 2022
Job No. 21-167

Mike Angus
Sport Five
488 Madison Avenue, 16th Floor
New York, NY 10022
480-483-9500

RE: Proposal for Preliminary and Final Engineering Services Montebello Golf Course

Dear Mike,

Please find enclosed Additional Work Authorization (AWA) #1 for Montebello Golf Course 901 Via San Clemente, Montebello, CA 90640. This work autho rization is intended to cover additional work requested and necessary work that was not incl uded as part of our proposal for the Montebello Golf Course project. We appreciate the opportunity to be involved with this project and look forward to its successful completion.

Please contact me should you have any questions.

Sincerely,

Brian Anderson, PE QSD
Vice President

Attachment

Scope of Services and Fees: March 21, 2022
Job No. 21-167

Page 1 of 8 ends

Project: Montebello Golf Course

1.0 INTRODUCTION & SCOPE OF SERVICES

This Additional Work Authorization (AWA) is for add itional engineering, survey, and dry utility coordination services related to the Montebello Gol f Course. The following Scope of Services outlines the identified additional tasks required for the successful completion of the project.

Bicknell Park, Parking Lot Maintenance Plan
DRC was requested to prepare separate plans (but as part of the overall Montebello Golf Course renovation) by city staff for necessary parking lot maintenance. These plans are intended to rehabilitate the existing parking lots in the South east corner generally around the Armenian Genocide Memorial and the existing Via San Clemente Road. This scope includes:
• Three (3) days additional field topography in orde r to supplement aerial topography • A site visit will be conducted in order to perform a parking analysis identifying existing parking stalls (the analysis excludes any building area basis calculations) • Final plans will include layout modifications to p rovide current CBC required Accessible parking stalls and minor grading changes necessary for slope compliance (Accessible parking stall requirement will be based on parking lot stalls) • Plan pavement rehabilitation will identify and dif ferentiate between areas of grind and overlay versus full pavement section replacement
• Plans will include dimensional layout and necessar y striping details for completion • Overall plans will be prepared at 1” = 40’ graphic scale, with necessary ADA blow-up details prepared at 1” = 10’
• Plans will maintain existing drainage conditions/l ocations

Bicknell Park SWPPP
Parking Lot Maintenance is anticipated to cover app roximately paved area in excess of nine (9) acres. Exact limits of pavement removal replacemen t and grading changes for ADA have not been established but are assumed to exceed one acre and this work may occur independently of planned golf course work. DRC shall prepare permit registration documents to satisfy the requirements of NPDES regulations for the site duri ng construction operations for the proposed Project Area Improvements. This task requires the property owner, as the legally responsible party, to file a notice of intent (NOI) with the State Water Resources Control Board using the storm water multiple application and report tracking s ystem (SMARTS) and designation of DRC as the data submitter. DRC will prepare and post the SWPPP that will include construction based BMPs to address the discharge of runoff, pollutants of concern, erosion control measures and sediment control measures. The risk level will be determined in accordance with the current guidelines.

When the project is complete, a notice of terminati on (NOT) will be filed using the SMARTS system. Construction phase SWPPP revisions, annual reports, sampling results, inspection reports and training of personnel are not included in this proposal. These tasks shall be performed by the general contractor.

Scope of Services and Fees: March 21, 2022
Job No. 21-167

Page 2 of 8 ends

Guard Shack Relocation
DRC will prepare single sheet plan to relocate Course entry guard shack from its current location to new location set-back from the proposed entry road intersection with Via San Clemente. Plan will provide necessary information to make minor pavement grading adjustments for a new guard shack building (by others) and provide accessible path of travel from the guard shack to the public walk. Based on discussion with city staff it was understood the new building would not need utility connections.

Dry Utility Coordination (Elec-Tel-CATV-Gas)
The following subtasks will be performed as part of the on-site dry utility coordination:

Preliminary Dry Utility Coordination
• Site Evaluation/Due Diligence- Visit the site to l ocate/identify existing facilities and establish possible points of connection for new services. Ide ntify existing facilities that may pose a conflict with construction of the project. Order utility facilities maps from public utility purveyors and make contact with the appropriate public utilit y planning and engineering personnel.

Provide information to the Client with findings and recommendations based on the site visit, facility map review and contact with the utility planners. • Dry Utility Service Removals- DRC will work with e ach utility and the client as required to provide the required information to secure all appl icable service removal work orders. This task includes processing of any contract payments related to the removal of the utility service to the existing Snack Shack building. Once the serv ice removal work order has been generated by the utility, DRC will track the progre ss with the utility and notify the client of timing to complete.
• Preliminary Redline Composite Exhibit- Prepare a p reliminary redline composite exhibit to determine the best mainline trench alignment, service laterals and structure locations to meet the project needs. This plan will be circulated to the members of the development team for comments, with the final deliverable being a trench and structure location exhibit that DRC will provide to each utility for formal advancement of the design process.

Final Dry Utility Coordination
• Client Letters of Authorization/Furnished Informat ion Prepare the Client Information Package that include s utility forms that need to be executed and returned to public utility purveyors as part of the design submittal package. Coordinate with the development team (client, civil, architect, consultants) to secure information needed to facilitate the designs from the utility purveyor s to include, but not limited to: equipment loads, single-line drawings, panel detail schedules , appliance breakdown, electrical and gas meter locations, telephone demarcation location, gas loads, and construction schedules. • Utility Formatted AutoCAD Base File
DRC will prepare one (1) AutoCAD Base file formatted per the utility requirements and submit to each utility for the utilities use in designing the new distribution system. • Distribute Submittal Packages
DRC will prepare and submit to each utility agency a full set of civil, architectural and landscape plans as well as the required utility doc uments in order for the utility to properly design the new distribution system and prepare the work order packages. • Process Preliminary Utility Plans / Design Revisio ns As part of the design process, we will receive preliminary utility designs for review prior to the issuance of Final Designs. DRC will work with the d evelopment team to revise the designs and incorporate site changes throughout the design development process. DRC will work directly with the utilities to secure the final construction documents. • Process Utility Payments, Agreements and Easements
Scope of Services and Fees: March 21, 2022
Job No. 21-167

Page 3 of 8 ends

With each work order package, the utility will prep are contracts and invoices related to the scope of work in that particular work order. We wil l review the contracts and invoices and process the packages to the client for execution an d payment and then back to the utility company. DRC will work with each utility as requir ed to secure all applicable easement documents pertaining to each work order and process to the client for execution. Once the easements have been executed, we will process and track the signed easements back to the proper utility and secure recorded copies of the documents when available. • Conduct Pre-Trench Meeting
DRC will schedule, coordinate and attend up to one (1) pre-trench meetings with the utility company’s inspectors, client, general contractor an d applicable sub-contractors. Installation dates as well as installation standards and guidelines will be discussed and agreed upon. • Dry Utility Construction Support and Site Visits ( Budget Allowance) Assist the client, architect, and general contracto r in clarifying the intent of the project plans and resolve construction issues in the field. Respo nd to RFIs in writing and distribute to the project team. As necessary, coordinate plan revisio ns or prepare details to facilitate completion of the work. This task does not constitute inspection or certification of construction on the part of DRC. This task provides an estimated budget allowance of 10 hours. • Utility Meetings (Budget Allowance)
Meet with the utility agencies for the purpose of c oordinating the location of existing and proposed distribution facilities. This agreement is based on a maximum of 12 staff-hours of meetings required. If additional meetings are required, a written request for additional budget authorization from the client will be submitted.
• Dry Utility Project Meetings (Budget Allowance)
Attend project meetings and/or conference calls wit h the client, architect, civil, and/or government agencies for development coordination meetings, as directed by the client. This agreement is based on a maximum of 8 staff-hours of meeting time. If additional meetings are required, a written request for additional budget authorization from the client will be submitted.

Common Entry Road
DRC will prepare plans, at 1” = 40’ graphic scale, necessary to construct the common use entry road as a modified LA County Urban Alternate local street with 46’ easement width (as submitted as part of Topgolf CUP package) and 34’ curb to curb vehicle travel way with curb adjacent walk.

These plans are based on assumption of drainage to a common storm water quality basin shared with Clubhouse facilities. Stationed street cross-sections, vertical curve, horizontal curves are not part of this scope and are not anticipated to be required.

Cal-Water Plans
Per clarification received, public water plans are not prepared by Cal-Water and are to be prepared by developer (City of Montebello.) DRC will prepare plans, at 1” = 40’ graphic scale, for installation of domestic water connection from point of connection on Via Campo through the site (via Common Entry Road) to a point of connection located at the intersection of Via San Clemente and Garfield approximately 2000 feet in length. Pl ans will follow Cal-Water (Water Purveyor) guidelines for plan preparation.

Public Sewer Plans
Public sewer connections were not found for the proposed Montebello golf course projects. DRC will prepare plans for sanitary sewer following Sanitation District of Los Angeles County Format.

These plans will depict necessary information for construction of a new sewer line for use by the proposed Topgolf Venue and to provide service to the proposed Clubhouse facilities. These plans exclude any sewer study and are based on City of Mo ntebello review, approval and subsequent Scope of Services and Fees: March 21, 2022
Job No. 21-167

Page 4 of 8 ends

routing to appropriate sanitation district. Plans assume connection to existing sewer in Via Campo and routing to the clubhouse via common entry road.

Additional Coordination
Per City of Montebello staff request DRC has prepared an exhibit to explore additional parking to be located on the Topgolf Parcel. DRC will prepare two iterations of the exhibit based on direction received from city staff stemming from negotiations and agreements with Topgolf (as Parcel lessee.) DRC will incorporate parking lot into prel iminary grading plans. City of Montebello staff have requested exploration of combining clubhouse s tormwater quality treatment to a common system to be shared by Topgolf parcel. DRC will pr epare three iterations of calculations and layouts for a combined system for use by city in review & discussion with Topgolf.

Sub-Consultant Coordination
Per City of Montebello staff request DRC has engaged a sub-consultant MEP to prepare a street light photometric plan and provide necessary design services for street light locations and layout.

DRC will oversee and coordinate with sub-consultant for additional design services related to street lighting.

Street Light Design
Proposal from JMPE Electrical Engineering (sub-consultant) is included and should be referenced for scope of work and fee breakdown.

Scope of Services and Fees: March 21, 2022
Job No. 21-167

Page 5 of 8 ends

2.0 SCOPE of SERVICES EXCEPTIONS

No additional services will be performed on the project without prior written authorization from the client. For clarification, this scope of work does not include the following tasks:

• Any task or services not specifically included und er the Scope of Services Section above. • Utility shutdowns (to be done by property owner)
• Utility disconnects (to be coordinated by contract or) • Any work inside of existing buildings.
• Geophysical Utility Survey
• Potholing
• Phased construction plans, all work assumed to occ ur in singular period • Bicknell Park WQMP (understood to be maintenance)
• Construction Permits
• Sewer or Water studies
• Drainage/hydrology studies beyond project property limits • Site lighting plans and photometrics
• Fire hydrant flow test data (by water agency)
• Off-site improvement plans for street, storm drain , sewer, water, traffic signal, signing and striping, and street lighting, except as noted in the Scope of Services Section 1.0 • Any Traffic Control or Encroachment Permit Plans a nd Processing • Construction staking services (available from DRC upon request) • As-Built Plans
• Dry Utility Scope exceptions
 Relocation/Removal/Conversion of existing on- and off-site electric, gas, telephone and CATV facilities
 Utility conflict design review.
 Cost Estimates
 Applicant utility design services.
 Temporary power and telephone service coordination .
 Coordination relating to the acquisition of permit s and/or addresses.  Private/public lighting design and coordination.
 Irrigation/traffic signal/meter pedestal design an d coordination.  Additional electric, telephone, CATV and gas work order design/phasing.

Scope of Services and Fees: March 21, 2022
Job No. 21-167

Page 6 of 8 ends

3.0 FEE SCHEDULE

The scope of services outlined in Section 1.0 will be completed for a fixed fee as indicated below. It is agreed and mutually understood that the tasks ar e interrelated and that the fee is divided into tasks solely to facilitate the preparation and approval of progress billings in accordance with terms of the agreement. The task fees shown below, plus a ny fees for reimbursable expenses and authorized additional services, represent the total contract amount.

Construction Documents
Task Fixed Fee
Bicknell Park, Parking Lot Maintenance Plan $26,000
Bicknell Park SWPPP $7,000
Guard Shack Relocation $5,000
Preliminary Dry Utility Coordination $4,500
Final Dry Utility Coordination $14,500
Common entry Road $30,000
Cal-Water Plans $25,000
Public Sewer Plans $10,000
Additional Coordination $8,000
Sub-Consultant Coordination $1,000
Street Light Design (Sub-Consultant) $3,800
Subtotal $134,800

Total $134,800

Reimbursable Allowance $7,000
Scope of Services and Fees: March 21, 2022
Job No. 21-167

Page 7 of 8 ends

4.0 ESTIMATED TASK BREAKDOWN & HOURLY SCHEDULE OF BILLING RATES The below is an estimated break down of effort required, please note line items reflect rounding and line items may not sum evenly. Any discrepancies in totals should be assumed to be proportioned out.

TASK Manager Hrs Fee Engineer Hrs Fee Designer Hrs Fee Total Parking Lot Plan 15 $2700 115 $19600 23 $3700 $26,000
BP SWPPP 4 $720 31 $5300 6 $980 $7,000
Guard Shack 3 $540 23 $3960 3 $500 $5,000
Preliminary DU 3 $500 20 $3400 4 $600 $4,500
Final DU 9 $1620 64 $10880 13 $2080 $14,500
Entry Road 17 $3060 133 $22620 27 $4320 $30,000
Cal-Water 14 $2520 111 $18800 23 $3680 $25,000
Public Sewer 6 $1080 45 $7650 8 $1270 $10,000
Coordination 12 $2160 24 $4080 11 $1760 $8,000
Sub-Consultant
Coordination

5.5 $1,000 $1,000
Street Light Design Please refer to Sub-Consultant Proposal

Principal $190.00/Hour
Project Manager $180.00/Hour
Project Engineer / Surveyor $170.00/Hour
Design Engineer $160.00/Hour
CADD Drafter $145.00/Hour
Engineering Aide / Administration $125.00/Hour
2-Man Survey Crew $250.00/Hour

5.0 CONTRACT PROVISIONS

1: It is DRC Engineering Inc.’s (DRC) policy to meet all schedule requirements while maintaining a competent and professional level of service. In return, it is expected that all invoices will be paid in a timely manner. It is agreed and understood that all invoices will be considered delinquent sixty (60) days after invoice date.
2: Client shall pay the cost, plus 10%, for any applicable application and governmental fees, title company charges, well monuments, outside vendor rep roduction costs, in-house reproduction cost, and delivery or messenger services incurred on Client’s behalf. If requested, we will provide a computer printout, which details these costs. We do not typically provide any additional back up for these generally nominal expenses as part of our fee. 3: Miscellaneous fees shall be billed monthly as they are incurred. Invoices shall be considered due and payable upon presentation.
4: In the event this Agreement is breached, terminated, or canceled, or if Additional Services are required, then Client shall pay DRC per the foregoing hourly rates for work completed. 5: The above Schedule of Hourly Billing Rates is fo r straight time only. In the case of overtime, the rate charged will be 1-1/2 times the hourly rates shown. 6: The fee stated herein does not include any sales or use tax. In the event that a sales and/or use tax is imposed by local, state, or federal auth ority, upon the services rendered hereunder, such sales and/or use tax shall be in addition to said fee herein, and shall be the full responsibility of the Client.
7: This proposal may be considered as effective for six (6) months from the date of this letter. If the project is not completed within one (1) year af ter the scheduled start date (due to no fault of Scope of Services and Fees: March 21, 2022
Job No. 21-167

Page 8 of 8 ends

DRC), additional reimbursement may be required. If required, such additional reimbursement would be subject to negotiation and mutual agreement between both parties. 8: The Client agrees to limit DRC’s liability to the Client and to all contractors and subcontractors on the project, to damages based on proven professi onal negligent acts, errors or omissions on the part of DRC only.

We are prepared to begin work on this project upon receipt of authorization.

Accepted by: ____________________________ Title: ____________________

Sportfive Date: ___________________

End of Proposal

ELECTRICAL ENGINEERING

LIGHTING DESIGN
CA REGISTRATION NO E13083

JM PE
627 OLIVE STREET
SANTA BARBARA, CA 93101
(805) 569.9216
[email protected]
www.jmpe.net

March 17, 2022

DRC Engineering, Inc.
160 South Old Springs Rd., Suite 210
Anaheim, CA 92802

Attn: Amy Johnson

Re: Montebello Street Lighting Design
Electrical Engineering Fee Proposal

I. Scope of Work:

A. Photometric plan.

B. Light standard detail.

C. Site lighting plan.

D. Pullboxes, conduit, routing.

E. Meter pedestal.

F. Single line diagram.

G. Panel schedule.

H. Electrical load calculations.

I. Electrical notes and details.

J. Lighting control.

K. 24x36 sheet format.

L. 1300 LF street length.

M. Coordination with DRC Engineering, Inc.

N. Coordination with City of Montebello.

II. Items Excluded:

A. Traffic signal design.

B. Utility coordination.

C. Camera system design.

D. Wifi system design.

III. Fees for Services:

A. A flat fee of $3,800.00 shall be invoiced for design.

B. Fee breakdown:
20 hours Engineering @ $150/hr. = $3,000.00
8 hours Drafting @ $100/hr. = $800.00
C. Additional services shall be invoiced on an hourly basis only after prior authorization.

D. Hourly rates are: $150 for engineering and $100 for drafting.

IV. Liability Limitations:

A. JMPE has no control over, nor is it responsible for any acts, errors, omissions, equipment failures or delays caused by the Client, Owner, other consultants, contractors, subcontractors or any of their agents or employees, manufacturers, shippers, installers, any other persons performing any work on the project, or users of the work. JMPE is not responsible for contractor’s failure to carry out the construction in a responsible manner and in accordance with applicable codes, contract documents and recommendations.

Montebello Street Lighting Design March 17, 2022
Electrical Engineering Fee Proposal Page 2

B. JMPE is not responsible for any unapproved changes to its final drawings and specifications, including but not limited to, substitutions of or by manufacturers, substitutions by contractors, variation in layouts, quality and quantity of fixtures.

V. Termination of Agreement:

A. This Agreement is terminable by eith er party at any time upon ten (10) days’ written notice. In the event this Agreement is terminated for any reason; the Client is obligated for JMPE’s services and charges incurred before the termination date.

B. The provisions of this Ag reement are valid for 30 days. If this Agreement is not signed by Client and received by JMPE by this date, the Agreement’s terms and conditions will be open for further negotiation.

VI. Invoice Submittal: Please indicate to w hom all invoices are to be submitted.

Name:

Attn:

Phone:

Address:

E-Mail:

Preferred method of billing:  USPS mail OR  Email OR  Both Select one.

Sincerely,

John Maloney, PE

Approved by: Date:

March 17, 2022

City of Montebello
Mr. James Enriquez, P.E.

Director / City Engineering
1600 W. Beverly Blvd.

Montebello, CA 90640

RE: Amendment #2 – Landscape Design – Temporary Event Lawn and Landscape

Dear Mr. Enriquez,

Attached is Additional Work Proposal for the design of the temporary event lawn and landscape area adjacent to the existing golf pro-shop and existing Hole 10 tee. This is for additional design and coordination services outside of the existing SportFive Agreement with the City of Montebello.

The attached proposal is from Cummings Curley and Associates, Landscape Architects. Total additional fee is $5,000. Detailed information and a summary of projected hours and hourly rates is included. In addition to the $5,000 fee, SportFive will add an additional five (5%) percent for coordination and management.

Total Fee for Amendment #2, Landscape Design – Temporary Event Lawn and Landscape - $5,250.00.

If you have any questions, or require further information, please feel free to contact me any time.

Sincerely,

Michael Angus
SportFive

March 17, 2022
Golf Course Design & Development
7077 East Marilyn Road, Suite 140
Scottsdale, Arizona 85254
Re: Amendment 2 to Cummings Curley and Associates Proposal No. 10188 City of Montebello P.O. No. 126
Dear Michael:

As you requested, we provide this additional fee proposal for the Montebello Campus 2020 Project .

This additional fee is based on providing additional design development plans and associated landscape construction documents for the temporary event lawn area and transitions adjacent to the existing club house.

Our additional fee for the revised scope of work shall be five thousand dollars ($5,00.00).

Design Development Plans:

Principal 6.5 hrs. @ $165.00 $1,072.50
CAD Operator 9 hrs @ $95.00 $855.00
Clerical 1.03 hrs. @ $70.00 $72.50
$2,000.00
Construction Plans:

Principal 10 hrs. @ $165.00 $1,650.00
CAD Operator 13.44 hrs @ $95.00 $1,277.50
Clerical 1.03 hrs. @ $70.00 $72.50
$3,000.00
Total Fee: $5,000.00
C u m m i n g s C u r l e y a n d A s s o c i a t e s I n c L a n d s c a p e A r c h i t e c t s • L a n d P l a n n e r s Montebello Campus 2020 Project
Cummings Curley and Associates Proposal No. 10188AD2
March 17, 2022

Page 2 of 2 ends

Montebello City CouncilMay 11, 2022

Montebello City Council
May 11, 2022